HomeMy WebLinkAboutTC Agenda Packet 2017-08-16 TOWN OF TIBURON Tiburon Town Council
Tiburon Town Hall August 16,2017
1505 Tiburon Boulevard.
cy
Tiburon, CA 94920 Regular Meetinb
7:30 p.m.
TIBURON
TOWN COUNCIL
AGENDA
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks,Councilmember Kulik,Councilmember Thier,Vice Mayor O'Donnell, Mayor
Fraser
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this time.
Please note however, that the Town Council is not able to undertake extended discussion or action on
items not on the agenda. Matters requiring action will be referred to the appropriate Commission,Board,
Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit
your comments to three (3)minutes.
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.
CC-1. Town Council Minutes — Adopt minutes of July 19, 2017 special and regular meetings (Town
Clerk Stefan)
CC-2. Various Streets Overlay Project—Award project design and construction management contract
to Coastland Engineering (Department of Public Works)
CC-3. Investment Summary — Adopt report for month ending June 30, 2017 (Director of
Administrative Services Bigall)
CC-4. Sugarloaf Slide Repair Project—Authorize Town Manager to award project and use funds from
Annual Drainage Improvement Project (Department of Public Works)
PUBLIC HEARINGS
PH-1. Traffic Mitigation Fee Update — Consider adoption of Traffic Mitigation Fee Program Update
Report and updated traffic mitigation fees (Community Development Department)
ACTION ITEMS
AI-1. Interpretive Signage on Old Rail Trail/Richardson Bay — Consider proposal from Richardson
Bay Audubon Society to install interpretive signage along Old Rail Trail (Deparnnent of Public
Works)
AI-2. Right-of-Way Restoration Standards — Consider approval of street restoration standards and
provide direction on slurry seal standards (Department of Public Works)
AI-3. Electronic Correspondence and Records Retention Policies — Consider adoption of three (3)
new policies applicable to Town elected and appointed officials, and Town Hall staff including:
Social Media Policy, Records Retention Policy, and Use of Personal Accounts and Electronic
Devices for Town Business Policy (Town Clerk Stefani)
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
DIA Discussion on scheduling additional interviews for open seats on Boards and Commissions
WEEKLY DIGESTS
• Town Council Weekly Digests—July 21&28,August 4 &11,2017
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.townof.tibu ron.org.
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 arc assigned to items
appearing on the Town Council agenda.
CC '.1.
TOWN COUNCIL
SPECIAL AND REGULAR MEETING
DRAFT MINUTES
SPECIAL MEETING —6:30 P.M.
C
July 19, 2017, the CouncI held a special meeting as follows:
LL TO ORDS D ROLL CALL
Councilmember Fredericks, Councilmember Kulik, Councilmember Thier, Vice Mayor
O'Donnell, Mayor Fraser
INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS
(Design Review Board—One Vacancy for Tiburon appointee)
• Stephen Wanat, 1811 Mar West Street
CLOSED SESSION
1) Conference with Legal Counsel —Existing Litigation
(Paragraph (1) of subdivision (d) of Section 54956.9)
County of Marin vs. Martha Co., Town of Tiburon, and Russell Kiel et al; Russell Kiel,
Jerry Riessen, Maxwell Drever, Marilyn Knight, Joanna Kember and Mark Bewsher vs.
County of Marin, Martha Co., and Town of Tiburon; Martha Co. vs. County of Marin—
United States District Court, Northern District of California— Case No. C06 0200 SBA
ADJOURNMENT —to regular meeting
REGULAR MEETING —7:30 P.M.
CALL TO ORDER
Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, July 19, 2017, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, O'Donnell, Thier
PRESENT: EX OFFICIO: Town Manager Chains, Town Attorney Stock,
Director of Community Development Anderson,
Director of Administrative Services Bigall, Chief of
Police Cronin, Town Clerk Stefam
Town Cozinci1 Minutes #16-2017 DRAFT Jule 19, 2017 Page I
ORAL COMMUNICATIONS
None.
PRESENTATIONS
P-1. Recognition of Outgoing Board and Commission Members:
o Peter Winkler, Parks, Open Space and Trails Commission 2008-2017
Mayor Fraser presented Peter Winkler with a plaque and thanked him for his many years of
service to the Town on the Parks, Open Space and Trails Commission and on the Bicycle and
Pedestrian Advisory Committee.
CONSENT CALENDAR
CC-1. Town Council Minutes—Adopt minutes of July 5, 2017 special and regular meetings
(Town Clerk Stefani)
CC-2. Town Signature Authority —Adopt resolution authorizing check signing authority to
reflect changes in the composition of the Town Council (Director of Administrative
Services Bigall)
CC-3. Marin County Civil Grand Jury Responses — Approve Town's response to Marin
County Civil Grand Jury Reports: Marin's Retirement Health Care Benefits & The
Budget Squeeze (Office of the Town Manager)
CC-4. Contract for New Financial Software—Authorize Town Manager to Enter into License
and Services Agreement with Tyler Technologies (Director of Administrative Services
Bigall)
Councilmember Fredericks made a correction to Item No. CC-1 (Town Council Minutes),and asked
that a comment be included about the Chief of Police giving reports to the Council on the Auto
License Plate Reader System usage.
Councilmember Thier asked about Item No. CC-3 (Marin County Civil Grand Jury Responses),
specifically the response to the report entitled Marin's Retirement Health Care Benefits. She inquired
if there was a movement by the Town to comply with the criteria of GASB 75. Town Manager
Chanis said he would have to look into it.
MOTION: To adopt Consent Calendar Items 1-4, as modified.
Moved: O'Donnell, seconded by Thier
VOTE: AYES: Unanimous
ACTION ITEMS
Toren Council Minutes #16-2017 DRAFT July 19, 2017 Page 2
AI-1. Beer Festival Special Event Permit— Consider application by the Ranch for event in
autumn 2017 (Department of Administrative Services)
Town Manager Chanis said the annual Tiburon Taps Beer Festival was held on Shoreline Park for
the .first time in 2016,had been very popular, and no negative comments were received. He said the
Ranch is requesting to hold a similar event this year, but with a larger footprint. He introduced
representatives from the Ranch, Cathleen Andreucci and Jessica Hotchkiss, to speak.
Ms. Hotchkiss explained the Ranch's request to expand the footprint of the festival by 50 feet at
Shoreline Park. She said the purpose of this request was to make the festival more spacious, and not
to add more attendees or vendors.
Councilmember Fredericks recalled there had been previous concerns about the footprint of the
festival. Ms. Andreucci said there had been opposition to the original footprint of the Shoreline Park
festival, which was much larger than the current proposal. She added that she had heard positive
feedback from the President of the nearby Homeowners Association after the last festival.
Mayor Fraser said the Ranch had done an excellent job with this event.
Councilmember Fredericks agreed, and commented that there had been some concern about beer
spillage and a lingering smell, but that had turned out to not be a problem.
Mayor Fraser opened the floor for public comment. There was none.
MOTION: To approve the Tiburon Taps Beer Festival Special Event Permit, as submitted.
Moved: Thier, seconded by O'Donnell
VOTE: AYES: Unanimous
AI-2. Run for Reed Schools Special Event Permit—Consider application by the Foundation
for Reed Schools for event in autumn 2017 (Department of Administrative Services)
Town Manager Chanis said this event in previous years has been held at Blackie's Pasture, but this
year has requested to hold the event downtown. He said the event is being brought forward to the
Council for consideration in part due to the request to close Main Street and hold a"Friday Nights on
Main"-style party. He introduced DeAnn Biss and Matt Schmidt from the Foundation to speak.
DeAnn Biss said the Foundation raises funds for the Reed Union School District by holding events
like this run. She said this run has grown from a"fain run"of 250 participants to a community event
with 780 participants, and has become a way for the community to come together and celebrate its
students and a healthy lifestyle. Ms. Biss said the event had been held at Blackie's Pasture in
previous years,but the Foundation is looking toward future growth for the event,and is requesting to
hold the event downtown and have the post-race celebration on Main Street.
Matt Schmidt said the event has always consisted of 1-mile and 5K races, and the races are usually
Tol4,n Council Mirvzrtes #16-2017 DRAFT July 19, 2017 Page 3
complete within an hour. He showed maps of the proposed routes, and said the Foundation has
worked hard to minimize impacts on the area, including timely setup and cleanup, and appropriate
notification of the event for nearby residents.
The Co-Chairs said they had worked with the Police Department to identify safety concerns and
solutions, and with the Chamber of Commerce to organize the post-race event on Main Street.
Mayor Fraser opened the floor for public comment. There was none.
Councilmember Thier thanked the co-chairs for their presentation,and said her family had attended
every year. She said this event was an excellent way to attract people downtown.
Councilmember Kulik echoed those comments, and said his daughters had participated as well. He
praised the post-race celebration.
Mayor Fraser asked about the fees for the race. The co-chairs explained the relevant fees, and said
businesses may opt to sponsor students who cannot afford the fees. Ms. Biss said all students who
want to run are able to.
Councilmember Fredericks asked how the Foundation reaches out to potential sponsors. Ms. Biss
replied that they call local businesses and ask if they would like to be a sponsor.
MOTION: To approve the Run for Reed Schools Special Event Permit, as submitted.
Moved: Thier, seconded by O'Donnell
VOTE: AYES: Unanimous
AI-3. 8 Rolling Hills Road — Consider adoption of resolution partially granting appeal of
Planning Commission approval of request for an Amending Parcel Map to remove
certain development limitations from a vacant lot (Community Development
Department)
Councilmember Kulik said he would recuse himself from this item because it had come before the
Planning Commission while he was a Commissioner. Councilmember Thier stated her intention to
abstain from the vote.
Director of Community Development Anderson said the proposed resolution had been distributed to
all appellants,the attorney for several of the appellants,and the applicant and no comments had been
received at this time.
Vice Mayor O'Donnell asked if this item was a de novo hearing, and the Council would be hearing
the appeal again. Town Attorney Stock replied that the appeal hearing was closed, and the Council
was now only considering adoption of the resolution formalizing their decision on the appeal.
Councilmember Fredericks asked if the setbacks on the lot might differ from the original building
Town Council Minutes 916-2017 DRAFT July 19, 2017 Page 4
envelope setbacks, imposed by the letter from the previous Planning Director. Director Anderson
said that removing the building envelope will change the lot setbacks,but the new setbacks will be
reasonable based on the Town's guidelines. He added that the building envelope did not meet the
Town's current front setback standard.
Mayor Fraser opened the floor for public comment.
David Readerman, appellant, said every neighbor on the street is opposed to this action, and
questioned the short notice given for the meeting. He said the appellants wanted the
recommendations in the resolution to be binding.
Joseph Lepera, applicant, said the resolution accurately reflects the evidence presented, and the
Council's prior deliberation and decision.
James To,appellant, said he had not yet seen a design that would be sensitive to the neighborhood's
concerns, and every neighbor is still in opposition. He hoped the Design Review Board and staff
would work with the neighbors to find a solution.
Mayor Fraser closed the floor.
Councihnember Fredericks asked for confirmation that the design previously presented to the
Council was conceptual, and not necessarily what will be presented to the Design Review Board.
Director Anderson confirmed this point,and added that the Board will have access to all the Council
proceedings when the time comes for them to consider a design.
Fredericks added that she believes this resolution accurately reflects the Council's discussions and
decision, gives appropriate direction to the Design Review Board, and will help in improving the
design of the future home.
Vice Mayor O'Donnell agreed, and noted that the building envelope was inappropriate and would
hinder a well-designed building consistent with Town standards,and said this compromise is a good
solution. He said he is confident in the Design Review Board, and the resulting home will be a nice
addition to the neighborhood.
Mayor Fraser agreed.
MOTION: To adopt the resolution, as written.
Moved: O'Donnell, seconded by Fredericks
VOTE: AYES: Fraser, Fredericks, O'Donnell
ABSTAIN: Thier
RECUSED: Kulik
TOWN COUNCIL REPORTS
Town Council Minutes #16-2017 DRAFT July 19, 2017 Page 5
None.
TOWN MANAGER REPORT
Town Manager Cbanis reminded the Council that the upcoming Town Council meeting on August 2
would be cancelled, and that he would be out of the office the following week.
WEEKLY DIGESTS
Received.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser
adjourned the meeting at 8:13 p.m.
JIM FRASER, MAYOR
ATTEST:
IEA STEFANI, TOWN CLERK
Toli;n Council Minutes#16-2017 DRAFT July 19, 2017 Page 6
�k TOWN OF TIBURON Town Council Meeting
1 1505 Tiburon Boulevard August 16,2017
Tiburon, CA 94920 Agenda Item:
STAFF PO .
To: Mayor and Members of the Town Council
From: Department of Public Works
Subject: Recom endation to Award the Various Streets Overlay Project Design
Reviewed By:
BACKGROUND
Town Staff has solicited proposals from qualified consultants to provide services related to the
2018 Various Street Overlay Project. The design consultant will be responsible for preparing
construction drawings, bid specifications and construction cost estimates.
This large paving project includes paving the following streets (preliminary list, subject to
revision):
Street Name From To PCI
APOLLO ROAD MERCURY MERCURY 55
BEACH ROAD MARSH MAR WEST 56
BLACKFIELD DRIVE 1075 FT N/O VIA SAN END 64
FERNANDO
HACIENDA DRIVE TRESTLE GLEN 300 FT E/O ACACIA 42
HEATHCLIFF DRIVE SUGARLOAF END 19
JUNO ROAD MERCURY VENUS 61
LAS LOMAS LANE MAR WEST END 12
PLACE MOULIN SUGARLOAF END 16
UPPER CECILIA WAY CECILIA CUL DE SAC 29
VIA CAPISTRANO VIA CAPISTRANO EAST VIA CAPISTRANO 36
FRONTAGE WEST
VIA EL VERANO VIA SAN FERNANDO END 25
VIA SAN FERNANDO BLACKFIELD PASEO MIRASOL 19
VIA SAN FERNANDO PASEO MIRASOL PASEO MIRASOL 33
ANALYSIS
Staff evaluated the proposals and selected Coastland Civil Engineering for the design and
construction management work. This selection was based on their detailed response to the
proposal and a deep understanding of the project. The proposed cost for the design and
TOWN OF TiBURON PACE I Off:2
Town Council Meeting
Auguist 16,2016
construction management services is $107,820.00. The project may be ready for bid as early as
February. The budgeted construction costs are $1.3 million.
FINANCIAL IMPACT
The Major Pothole Repair Project which was included in the 2017/2018 Capital Improvement
Plan in the Street Improvement Project section in the amount of$330,000. At the July 5th Town
Council meeting, Council approved using these funds for the design of the 2018 Various Streets
overlay project.
RECOMMENDATION
Staff recommends that the Town Council:
Approve the award of design&construction management contract for the 2018 Various Streets
Overlay Project to Coastland Engineering in the amount of$107,820.00.
Prepared by: Dmitriy Lashkevich,Associate Engineer
TOWN F TiBuRON PAGE2 OF2
:'. TOWN OF TIBURON Town Council Meeting
August 16, 2017
1505 Tiburon Boulevard
Tiburon, CA 94920 Agenda Item: CC
R Fn:
STARF REPORT
To: Mayor and Members of the Town Council
From: Administrative Services Department
Subject: Investment Summary—June 2017
Reviewed By: r
BACKGROUND
Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town's investment activities for the period ended June 30, 2017.
ANALYSIS
June 2017
Agency Interest
Investment Amount Rate Maturity
Town of Tiburon Local Agency Investment $24,150,164.40 0.978% Liquid
Fund (LAIF)
Money Market(Bank of $ 100,000.00 0.15% Liquid
Marin)
Total $24,250,164.40
The total invested at the end of the prior month was $24,250,164.40, therefore; the Town's
investments remained unchanged from May 2017.
FINANCIAL IMPACT
No financial impact occurs by accepting this 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 Investment Summary for June 2017
Prepared By: Heidi Bigall, Director of Administrative Services
ti TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard August 16, 2017
Tiburon, CA 94920 Agenda Item:STAFF
REPORT � .
To: Mayor and Members of the Town Council
From: Department of Public Works
Subject: Recommendation to Authorize Town Manager to Award the Sugarloaf
Slide Repair Project and Use Funds from the Annual Drainage
Improvements Project
r p
Reviewed By: Greg Chanis,Town Manager
BACKGROUND
During the 16-17 winter storms, a debris slide occurred near 98 Sugarloaf Drive on Town property
below a Town storm drain. In the drainage area and slide there are a primary high-voltage PG&E
line and an AT&T fiber optic line. The fence of the neighboring home is affected.
The slide must be repaired this year prior to the winter storms. Primary investigation began in
March. The project was included in the 2017/18 Capital Improvement Program in the amount of
$150,000.
As this is in a drainage area, permits are required. On meeting with the permitting agencies, they
rejected our two preliminary designs and asked for a third, more expensive option. In addition, to
stabilize the adjacent property and allow the utilities to relocate prior to construction, it was
necessary to break the project into two contracts; installation of a grade beam with piers to stabilize
the adjoining property, and a slope stabilization cascade buttress to stabilize the debris slide area in
the flow of the storm drain.
The grade beam was designed by Miller Pacific and awarded as a minor contract to Massa
Construction. Construction of the grade beam is complete.
The slope stabilization cascade buttress was designed by Miller Pacific and is currently out for bid.
Bids are due on August 24, 2017. Construction time frames are very tight; therefore, staff would
like to award this contract as soon as possible after bid opening. Given the likelihood of the
September 6 Council meeting being cancelled, staff is asking Council to authorize the Town
Manager to award this contract without bringing the item to Council for approval. The estimated
cost of construction is $100,000.
ANALYSIS
The total cost of this project will exceed the amount budgeted for the Sugarloaf Slide in the
FY2017/18 CIP. However, the 2018 Storm Drain Improvement Project is now at 95% design,
ToWN of TIBURON PAGE I of 2
Town C oun.cd Meeting
August 1.6,2011
awaiting permits, and is well under budget. There are sufficient funds in the 2018 Storm Drain
Improvement Project to cover the increased cost in the Sugarloaf Debris Slide project, which is
also a drainage project. Both projects are funded by General Streets and Drainage.
The expense to date have included:
• Preliminary Design$6,300
• Design$5,000
• Topographic Survey $4,585
• Environmental $9,760
• Grade Beam construction $44,500
• Total $70,145
As noted above, the estimated construction cost is $100,000. With contingency, this would be
$115,000. As noted earlier, the bidding climate is currently unpredictable. As of the writing of
this staff report, four contractors have picked up plans from our plan site.
If this work is not done this fall, we will need to do some sort of stop gap construction measures
to prevent damage. Further, the topography of the area could change with the winter rains,
creating the need for new surveys and redesign.
FINANCIAL IMPACT
The 2017/18 CIP included funding from General Fund Streets and Drainage in the amount of
$150,000 to fund the Sugarloaf Slide and Drainage Repair Project and $1,100,000 to fund Annual
Drainage Improvements. The total cost of this project will exceed the amount budgeted for the
Sugarloaf Slide in the FY2017/18 CIP, but there is sufficient funding in the two drainage projects
to successfully complete both of them under their combined budgets.
RECOMMENDATION
1. Authorize the Town Manager to approve the award of a contract for the Sugarloaf
Slide Repair to the lowest responsible and responsive bidder.
2. Authorize the Town Manager to approve expenditures from the Annual Drainage
Improvements project on the Sugarloaf Slide Repair project.
Prepared by: Patrick Barnes,Town Engineer
TOWN OFTIBURON PAGE 2 OF 2
TOWN OF TIBURON Town Council Meeting
August 16,2017
1505 Tiburon Boulevard
Agenda Item:
f
4 Tiburon, CA 94920
STAFF REPORT
To: Mayor and Members of the Town Council
From: Community Development Department
Subject: Update of the Town of Tiburon Traffic Mitigation Fee:
Rec mmendation to Accept Fee Analysis Report and Adopt Resolution
Reviewed By: '
BACKGROUND
The Town of Tiburon established traffic mitigation fees for new development in 1980 and has
updated the fee amount periodically over the years. The Town most recently updated its traffic
mitigation fee amount in January 2007. Those fees were based upon a 2006 traffic fee study
conducted by the consulting firm of Fehr& Peers, which was prepared following the
comprehensive update of the Town's General Plan Circulation Element in 2005.
In 2016, the Town Council again adopted a comprehensively updated Circulation Element. The
Town subsequently retained the firm of Nelson/Nygaard to prepare the fee analysis study upon
which future traffic mitigation fees would be based. This type of fee analysis is commonly
referred to as a"nexus study" and is generally required by provisions of state law to justify the
development fee amounts that are charged.
ANALYSIS
The Nelson/Nygaard Traffic Mitigation Fee Update Final Report, attached as Exhibit 1, uses the
standard methodology of assigning a new development's proportional share of traffic impact to
each affected intersection or improvement identified in the Circulation Element, and calculating
that project's financial responsibility based on that proportional share. The distribution of vehicle
trips is derived from the Tiburon Traffic Model, which was updated jointly with preparation of
the 2016 Circulation Element.
The methodology used by Nelson/Nygaard is very similar to that used by prior Town consultants
in formulating traffic mitigation fee amounts. However, the specific factors involved in
calculating the fees have changed since the prior 2006 study, as among other things,the amount
of development at projected build-out in the General Plan has changed, certain traffic
improvements have been constructed, the Circulation Element list of proposed roadway and
intersection improvements has been modified, construction costs have increased, and traffic
patterns and volumes have evolved as reflected in the Tiburon Traffic Model.
Town Council Meeting
August 16,2017
Nelson/Nygaard was also able to simplify the Traffic Mitigation Fee to a single, standardized
dollar amount per PM peak hour trip throughout the Town's corporate limits. Instead of roughly
30 "zones of benefit" scattered across the Tiburon peninsula(many generating differing fee
amounts), a single"zone of benefit" has been established that greatly simplifies the traffic
mitigation fee calculation process for individual projects.
The proposed Traffic Mitigation Fee would be $7,175 for each new PM peak hour trip generated
by a qualifying project. This compares to the current fee of approximately $6,300 per new PM
peak trip assessed in most of the 30-odd zones of benefit. Clearly, the amount of funding that
would be provided by mitigation fees from new development constitutes only a portion of the
estimated funding ($10,270,000) required to construct the roadway and intersection
improvements identified in the Circulation Element. As has always been the case, other sources
of funding would be required to fully fund the cost of construction.
In addition to traditional "supply-side" physical improvements, the Circulation Element identifies
and encourages "demand-side" programs (such as the highly successful Yellow Bus Challenge)
that can produce significant congestion relief. However, the costs of such programs cannot be
incorporated into the Traffic Mitigation Fee analysis pertaining to new development.
A representative from Nelson/Nygaard familiar with the fee update study will be present at the
Council meeting to answer any technical questions regarding the nexus study.
RECOMMENDATION
Staff recommends that the Town Council:
1) Hold a public hearing and consider all comments.
2) Move to accept the Traffic Mitigation Fee Program Update Final Report, dated July
2017.
3) Move to adopt the Resolution (Exhibit 2) establishing updated traffic mitigation fees.
EXHIBITS
1. Traffic Mitigation Fee Program Update Final Report, prepared by Nelson/Nygaard
Consulting Associates, Inc., dated July 2017.
2. Draft Resolution.
Prepared by: Scott Anderson,Director of Community Development
TOWN OF TIBURON Page 2 o12
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TRAFFIC MITIGATION FEE UPDATE —FINAL REPORT
Town of Tibw-on
'Fable of Contents
Page
1 Introduction.........................................................................................................................1
Backgroundand Purpose..........................................................................................................................1
StudyProcess...............................................................................................................................................1
FeeProgram Design...................................................................................................................................1
StudyArea...................................................................................................................................................2
2 Methodology.......................................................................................................................4
ExistingProgram.........................................................................................................................................4
SignificanceCriteria...................................................................................................................................4
TechnicalAnalysis.......................................................................................................................................6
3 Analysis Results.................................................................................................................9
CapacityNeeds to Accommodate Future Growth...............................................................................9
NeededImprovement Projects and Costs..............................................................................................9
Existing Deficiencies on Local Network................................................................................................13
DevelopmentProjected Through Build-Out........................................................................................14
Project Costs Attributable to New Development...............................................................................14
Determinationof Fees.............................................................................................................................16
Appendix: Proposed New Development& Estimated PM Peak-Hour Trip Generation .............17
Viable of Figures
Page
Figure1 Map of TMF Study Area..........................................................................................................3
Figure2 Signalized Intersection LOS Criteria......................................................................................5
Figure 3 PM Peak Hour Traffic Level of Service— Future Projected Build-Out Estimated
Conditions....................................................................................................................................9
Figure 4 Improvement Projects and Estimated Costs.......................................................................1 1
Figure 5 Circulation Improvement Locations......................................................................................12
Figure 6 PM Peak Hour Traffic Level of Service— Base Year (2005) Conditions.....................13
Figure 7 PM Peak Hour Intersection Deficiencies Analysis— Base Year (2005)........................1 3
Figure 8 Estimated PM Peak Hour Trips from New Development.................................................14
Figure 9 PM Peak Hour Trips Per Intersection from New Development......................................15
Figure 10 Costs Attributable To New Development...........................................................................16
Figure 11 Total Fee Amount by Intersection & Fee Amount for Each New PM Peak Hour
Trip.............................................................................................................................................16
NelsonlNygaard Consulting Associates Inc. (i
TRAFFIC MITIGATION FEE UPDATE-FINAL REPORT
Town of TibLn'on
INTRODUCTION
BACKGROUND AND PURPOSE
The Town of Tiburon first established a Traffic Mitigation Fee(TMF)program through the
adoption of Ordinance No. 232 N.S.and Resolution No. 1125 in 198o,in order to help fund
improvements to the Town's transportation network. The fees have been updated multiple times
over the intervening years.The current fees are imposed under the authority of Chapter 14B of the
Tiburon Municipal Code,and are periodically updated by Town Council resolution.
Traffic mitigation fee update studies to assist the Town in updating the Traffic Mitigation Fee
program were completed in 1995 by RKH Civil and Transportation Engineering and in 20o6 by
Fehr&Peers Transportation Consultants.The 2oo6 fee program update followed the adoption of
the Tiburon 2020 General Plan in 2005,which identified future development impacts and
circulation improvements necessary to offset those impacts.
In 2o16,the Town of Tiburon adopted a comprehensive update to the General Plan Circulation
Element.This update amended the list of circulation improvements deemed necessary to
maintain acceptable levels of service for roadway intersections in the Tiburon Planning Area.An
update to the Traffic Mitigation Fee program to account for these changes is therefore required.
In 2016,Nelson\Nygaard was hired to complete a new Traffic Mitigation Fee Update Study.The
purpose of the study is to provide the Town with the technical analyses required to update the
Traffic Mitigation Fee Program in a manner that complies with state law.This report describes
the results of the study,and documents the methodology used to determine the nexus between
the recommended fees and the traffic impacts anticipated to be created by new development.
STUDY PROCESS
This study was prepared in consultation with Town of Tiburon Community Development
Department and Public Works Department staff,and is based on future development and
circulation improvements identified in the Town of Tiburon General Plan(2005)and the
Circulation Element Update(2016).After the results of this study are provided to the Town
Council of the Town of Tiburon,the Town Council will be asked to adopt a resolution establishing
revised fees.
FEE PROGRAM DESIGN
California's Mitigation Fee Act(AB 1600,adopted in 1987)establishes the legal requirements for
exacting certain fees,including traffic mitigation fees,from development projects. State law
requires that traffic impact fee programs comply with certain requirements,including:
■ Identifying the purpose of the fee
■ Identifying how the fee will be used and the facilities to be funded through the fee
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■ Determining a reasonable relationship between the fee's use and the type of development
on which the fee is imposed
■ Determining a reasonable relationship between the need for the public facility and the
type of development on which the fee is imposed
■ Determining a reasonable relationship between the amount of the fee and the cost of the
public facility(or portion of facility)attributable to new development
To establish a reasonable relationship(or"nexus")between Tiburon's projected traffic demand
and planned mitigation improvements that satisfies the above-mentioned basic requirements,
this fee program update maintains the essential methodology used by the existing TMF program.
The current TMF program estimates fair share contributions based on the anticipated impact of
motor vehicle trips from new development on the transportation system at the PM peak hour of
demand.These impacts are assigned on a percentage basis to all traffic analysis zones(TAZs)
based on the number of PM peak hour trips.
Assumptions about the amount of development anticipated to occur within each TAZ are based
upon the build-out land-use information provided by the Town of Tiburon General Plan EIR
(2005),as periodically updated. Existing and forecast intersection traffic volumes are based on
the analyses conducted during the preparation of the 2oo6 Traffic Mitigation Fee Program
Update.The circulation system improvements necessary to offset the impacts of anticipated new
development were initially provided in the 2oo6 Traffic Mitigation Fee Program Update and were
updated during the 2o16 General Plan Circulation Element,and finalized at the direction of
Town staff.Town staff also updated the Town's Vacant&Underdeveloped Parcel Inventory as
part of the 2o16 General Plan Circulation Element update to reflect current land use projections
for build-out.
Fee Accounts
Currently,the fees generated by the Town of Tiburon TMF program are placed into two traffic
mitigation accounts:
1. Tiburon Circulation System Improvement Fund(CSIF)-For improvements located
within the Town of Tiburon's corporate limits.
2. Tiburon Planning Area Mitigation Fund(PAMF)-For improvements located outside the
Town of Tiburon's corporate limits,but within the Tiburon Planning Area.
This report recommends simplifying the fee structure by establishing a single impact fee rate,
charged on per p.m.peak hour vehicle trip basis,which is applied universally(rather than having
the fee vary by traffic analysis zone, as it does currently).This change will allow the two traffic
mitigation accounts(the CSIF and the PAMF)to be merged into a single new account going
forward,and all future fees collected should be placed in that new account.
STUDY AREA
The study area for the fee program update is the Tiburon Planning Area,which consists of land
within the Town of Tiburon itself,as well as certain portions of unincorporated Marin County that
are within the sphere of influence of Tiburon proper.The Town of Tiburon and the
unincorporated portion of the Tiburon Planning Area can be seen in Figure 1 below.
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Figure 1 Map of TMF Study Area
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ROAD CLASSIFICATIONS
Freeway Town of Tiburon
f m Major Arterial(4 lanes)
of 0.25 0.5 1
i 1Niles — Minor Arterial(2 lanes)
unincorporated
portions
of Tiburon
Ilk
Collector(2 lanes) Planning Area
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2 METHODOLOGY
This section describes the methodology Nelson\Nygaard used to determine that a reasonable
relationship(or"nexus")exists between projected traffic impacts from anticipated development
in the Tiburon Planning Area and the fees associated with capital improvements intended to
mitigate those impacts.
EXISTING PROGRAM
This analysis maintains the essential structure of the existing TMF program,and continues to use
the basic study methodology used in the 2006 Traffic Mitigation Fee update study.The amount of
PM peak hour traffic on each of the improved facilities that would be generated by anticipated
development in the Tiburon Planning Area's Traffic Analysis Zones(TAZs)was determined by
running the Town of Tiburon Traffic Model,prepared for the General Plan EIR.The fee rate was
then based on a"per trip"basis for PM peak hour conditions,using standard Institute of
Transportation Engineers trip generation rates as applied in the Town of Tiburon Traffic Model.
For projects at locations that were operating at an acceptable level of service in 2005 but are
projected to be operating below Town standards at projected build-out,the entirety of the project
cost was included in the fee program.At project locations determined to have existing
deficiencies,the cost share attributable to anticipated new development was calculated and
included in the fee program.
The Tiburon Traffic Model includes 3o TAZs,representing the Town of Tiburon and the
unincorporated portions of its Planning Area and the Strawberry Peninsula,as well as one each
representing the City of Belvedere,a portion of the City of Mill Valley,and the(predominantly
tourist)traffic generated by Tiburon,attributed for simplicity and for the purposes of this study to
the Tiburon Ferry Terminal.Because it is not possible for the Town of Tiburon to charge fees for
traffic generated in these areas,traffic from the Belvedere,Mill Valley,and from tourism was
excluded from the fee calculations.Although the Town of Tiburon does not have authority to
collect fees in the unincorporated areas,TAZs in the unincorporated areas were included in the
report in the event those areas are annexed and/or included in the fee program at a future date.
SIGNIFICANCE CN I
Traffic operations are typically evaluated based on intersection level of service(LOS)standards
and the methodology described in the Highway Capacity Manual(HCM). LOS is a qualitative
measure based on average delay to vehicles during peak travel periods—particularly the morning
and afternoon commute periods.The HCM methodology is based on average delay during the
peak 15 minutes of the"peak hour."A standard definition of the relationship between LOS and
control delay for signalized intersections,as defined in the 2010 HCM update,can be found in
Figure 2 below.
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The LOS standards and traffic signalization standards for the Town of Tiburon are identified in
the Circulation Element update(2016),and are as follows:
■ Level of Service.For signalized intersections in the Tiburon Planning Area,the Town
shall strive to achieve and maintain the average peak hour level of service(LOS)at LOS C,
with the exception of:
1. Intersections from U.S.Highway 101 interchange to E. Strawberry Drive/Bay
Vista Drive(inclusive),which the Town shall strive to achieve and maintain
at LOS D.
2. Locations where Complete Streets roadway engineering improvements are
necessary to ensure safe access for pedestrians and bicyclists,which shall be
evaluated on a case-by-case basis,weighing safety with traffic delay
considerations.
The Town acknowledges that actual conditions may not meet the above LOS levels
during certain peak periods.
■ Traffic signals.At such time as any unsignalized intersection along Tiburon Boulevard
meets signal warrants,the Town shall approach Caltrans to approve and/or provide
signalization or other appropriate improvements.
Figure 2 Signalized Intersection LOS Criteria
e e • ®•
e •
a •
A Stable Free-flow conditions with negligible to minimal delays. Excellent progression < 10 0-10
Flow with most vehicles arriving during the green phase and not having to stop at all.
Nearly all drivers find freedom of operation.
B Stable Good progression with slight delays. Short cycle-lengths typical. Relatively >10—20 >10—15
Flow more vehicles stop than under LOS A. Vehicle platoons are formed. Drivers
begin to feel somewhat restricted within groups of vehicles.
C Stable Relatively higher delays resulting from fair progression and/or longer cycle >20—35 >15—25
Flow lengths. Individual cycle failures may begin to appear. The number of vehicles
stopping is significant, although many still pass through without stopping. Most
drivers feel somewhat restricted.
D Approa Somewhat congested conditions. Longer but tolerable delays may result from >35—55 >25—35
ching unfavorable progression, long cycle lengths,and/or high volume-to-capacity
Unstabl ratios. Many vehicles are stopped. Individual cycle failures may be noticeable.
e Flow Drivers feel restricted during short periods due to temporary back-ups.
E Unstabl Congested conditions. Significant delays result from poor progression,long >55—80 >35—50
e Flow cycle lengths,and high volume-to-capacity ratios. Individual cycle failures occur
frequently. There are typically long queues of vehicles waiting upstream of the
intersection. Driver maneuverability is very restricted.
F Forced Jammed or grid-lock type operating conditions. Generally considered to be >80 >50
Flow unacceptable for most drivers. Zero or very poor progression,with over-
saturation or high volume-to-capacity ratios. Several individual cycle failures
occur. Queue spillovers from other locations restrict or prevent movement.
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TECHNICAL ANALYSIS
The technical analysis for this study was completed through a series of six tasks described in
detail in this chapter:
1. Determination of capacity needs to accommodate future growth
2. Identification of improvement projects and costs
3. Identification of existing local-network deficiencies
4. Identification of new-development impacts on the local network
5. Calculation of project costs attributable to new development
6. Determination of fee amounts based on project costs attributable to new development
Task 1 — Determination of Capacity Needs to Accommodate Future Growth
Future estimated future traffic levels calculated as part of the development of the 2006 TMF
program update were used to determine the intersections with projected deficiencies that are to
be addressed through the updated TMF program.These levels were calculated using the Town of
Tiburon Traffic Model,which used future development land use and transportation network
information to produce estimates of future travel demand and usage of roadway facilities. For the
General Plan update,model runs were conducted to estimate future build-out traffic demand in
the Tiburon Planning Area based on official land use forecasts.This procedure was consistent
with that used in the 1994 General Plan Circulation Element and associated TMF program.
Based on the results of these model runs,LOS analysis was prepared to summarize expected
future traffic demand at intersections and along corridors that serve local travel in the Tiburon
Planning Area,specifically focusing on the Tiburon Boulevard corridor.This analysis was used to
determine what additional capacity would be needed to accommodate the expected future
demand.The results of the determination of capacity needs to accommodate future growth can be
found in Figure 3 on page 9 of this report.
Task 2 — Identification of Improvement Projects and Applicable Costs
In order to achieve the future transportation capacity identified in Task 1,a series of specific
improvements were developed in the 2005 General Plan for the Tiburon Planning Area,and were
later reestablished in the Tiburon Traffic Mitigation Fee(TMF)Program Update(2006)and the
Circulation Element Update(2016).The improvements were selected based on their ability to
provide the capacity estimated to be needed.The Town of Tiburon also prepared cost estimates
for each improvement at the time each improvement was identified.
As part of this update,the identified improvements were reevaluated to determine the status of
and current cost estimates for each project.Nelson\Nygaard updated the initial estimated
construction costs to account for inflation using the Engineering News Record's Construction
Cost Index for the San Francisco Bay Area.In some cases,the initial estimated construction costs
included only hard costs,leaving out soft costs(i.e., non-brick-and-mortar costs such as
engineering fees,environmental reports and permit fees). In these cases,Nelson\Nygaard also
updated the initial cost estimate to include soft costs.Soft costs were estimated using the 2016
California Multi-Agency Capital Improvement Project Benchmarking Study.These initial and
updated project cost estimates are shown in Figure 4 on page 11 of this report.
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Task 3 — Identification of Existing Local-Network Deficiencies
As the Town of Tiburon's land use program has not changed since the 2oo6 TMF program
update,the Town of Tiburon General Plan EIR(2005)was again used to determine the status of
the facilities identified in Step 2 as needing improvement.If the General Plan indicated that a
facility identified in Step 2 was not meeting its applicable LOS significance criteria in the 2005
base year,then that facility was flagged as an existing deficiency.The results of the existing
deficiency projections at facilities included in the fee program are shown in Figure 6 on page 13 of
this report.Further,the traffic volume analysis of facilities that were determined to contain an
existing deficiency is shown in Figure 7, also on page 13 of this report.
Task 4 — Identification of new-development impacts on the local network
The Town of Tiburon General Plan(2005)included a forecast of land uses for 2020 in the
Tiburon Planning Area,and both residential and non-residential uses were estimated in terms of
dwelling units and square feet,respectively.In the 2oo6 TMF program update,the number of
future PM peak hour vehicle trips attributable to the future developments was estimated using
standard industry trip generation rates,as utilized in the Town of Tiburon Traffic Model,and
were then summarized by TAZ.Using the Town's periodically updated land use projections,the
number of future PM peak-hour vehicle trips attributable to future residential and non-residential
land uses was forecast for this update.The projected PM peak-hour traffic impacts on the local
network from new developments are shown in Figure 8 on page 14 of this report.
Task 5 — Calculation of Project Costs Attributable to New Development in the
Town of Tiburon
For improvement projects at intersections that did not have an existing deficiency in 2005(as
defined in Task 3),all of the project's costs may be attributed to new development and were
therefore included in the feeprogram.
For improvements on facilities that were estimated to have existing deficiencies,the costs of
improvements were divided between existing development and new development.The cost share
attributable to new development was calculated for each intersection in the following way:
1. Existing deficiencies were identified 8 the current traffic volumes that exceed the
available capacity(if any). Example: a facility with a theoretical capacity of 2,000 vehicles
that is currently carrying 2,200 vehicles has an existing deficiency of 200 vehicles
(calculated as Vehicles—Capacity= Deficiency,or 2,200—2,000 = 200).
2. Future traffic growth is then determined by subtracting the current traffic volumes from
the forecasted future traffic volumes. Example: if the future demand on the
aforementioned facility is projected to be 2,500 vehicles,the future traffic growth would
be 300 vehicles(calculated as 2,500— 2,200 = 300).
3. The overall benefit of the improvement project is then estimated as the number of trips
that must be reduced to correct the existing deficiency(from number 1)plus the
accommodation of future growth(from number 2).Example:the overall benefit of
improvements in our previous example would be to correct the existing deficiency of 200
vehicles and to accommodate the future growth of 300 vehicles,for a total benefit of 500.
4. The share of costs attributed to new developments was then calculated by dividing the
result of number 2(future traffic growth attributed to new development)by the result of
number 3(overall improvement project benefit). In our example,the share of the benefit
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to new development would be 60%,or Soo divided by 500.Therefore, 60%of the project
cost would be included in the fee program.The remaining 40%of the project cost would
need to be funded through other sources.
The results of the analysis of the share of project costs attributable to new development is shown
in Figure 9 on page 15 of this report.
Task 6 — Determination of Fees
The total project costs attributable to new development(Step 5)were then divided by the total
number of new PM trips attributable to new development(Step 4)to determine the per-trip fee
amount.Results of the analysis of the fees attributable to new development are shown in Figure
io and Figure ii,both of which can be found on page 16 of this report.
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CAPACITY3 ANALYSIS RESULTS
Figure 3 shows the results of the LOS analysis of projected build-out conditions described in
Chapter 2,for intersections that are projected to require improvement to accommodate the
impacts of future growth.The table shows estimated delay during the PM peak-hour time period.
The analysis did not assume the completion of any already-funded intersection or roadway
improvements except for improvements planned at the intersection of the Southbound lol
ramps/Tiburon Boulevard.)
As shown in Figure 3,both of the signalized intersections are projected to operate deficiently
(LOS E or worse near the US lol interchanges and LOS D or worse elsewhere)under projected
build-out conditions.The intersections without signals are also projected to operate deficiently,as
they would meet Caltrans signal warrants under 202o build-out conditions. These findings are
consistent with the results of the Town of Tiburon General Plan EIR(2005)and indicate a need
for improvement projects.
Figure 3 PM Peak Hour Traffic Level of Service-Future Projected Build-Out Estimated Conditions
Trestle Glen Blvd&Tiburon Blvd Signal(LOS C) E 74.5
Mar West Street&Tiburon Blvd 2 way stop sign(N/A) F >50
Redwood Highway&Tiburon Blvd Signal(LOS D) F >80
Cecilia Way&Tiburon Boulevard 2-way stop sign(N/A) F >50
Reed Ranch Road&Tiburon Boulevard 2-way stop sign(N/A) D 27.7
NEEDED IMPROVEMENT PROJECTS AND COSTS
The capacity needs analysis results were used to identify appropriate improvement projects to
accommodate projected demand.The improvement projects and the estimated costs associated
with each project are shown in Figure 4. Each of these projects was included in the 2oo6 TMF
program update.Several other projects that were included in the 2oo6 TMF program or the 2016
Circulation Element update were not included in this study for one or more of the following
reasons:
I At the Southbound 101 ramps/Tiburon Boulevard intersection,the analysis assumed an additional right-turn lane would
be in place at the southbound off-ramp,consistent with Caltrans planned improvements to the intersection.
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■ The project has been implemented or the intersection no longer requires mitigation
■ Tiburon Boulevard/Gilmartin Drive improvements were not included because they will
be covered through a condition of approval on a development nearing construction
■ The project called"Limit Driveway Access along Tiburon Boulevard in Downtown"in the
2016 Circulation Element was not included because it is not a project to address a
projected deficiency related to new development
■ "Signal Optimization"was presumed to carry minimal costs
All non-capital projects identified in the 2016 Circulation Element were also excluded.
The cost estimates for each project shown in Figure 4 were identified from a number of sources,
most notably the 2006 TMF program update and research done for the 2016 Circulation Element
update.The initial cost estimates have been adjusted to account for construction-cost inflation
from the year the project was originally quoted(the"project benchmark year")to the most recent
year for which construction cost index estimates were available(2016).Nelson\Nygaard updated
the initial estimated construction costs to account for inflation using the Engineering News
Record's Construction Cost Index for the San Francisco Bay Area(SF ENR Index).In some cases,
the initial estimated construction costs included only hard costs,leaving out soft costs(i.e.,non-
brick-and-mortar costs such as engineering fees,environmental reports and permit fees).In these
cases,Nelson\Nygaard also updated the initial cost estimate to include soft costs.Soft costs were
estimated using the 2016 California Multi-Agency Capital Improvement Project Benchmarking
Study.According to that study,as of 2016,the average ratio of soft costs to total cost for streets
projects in California was 50%of hard costs.
One of the improvement projects(Reed Ranch Road/Tiburon Boulevard)has been completed
since the previous update but remains in this study because fees collected through the fee
program in the future are to help defray the cost of all improvements included in the program
over its full life.
Three of the improvement intersections analyzed for this study are within the Town of Tiburon,
including the already mitigated intersection at Reed Ranch Road/Tiburon Boulevard.The
remaining two improvements analyzed are within the unincorporated portion of Marin County
that is within the Tiburon Planning Area.The locations of each of the circulation improvement
projects can be seen in Figure 5.The total estimated cost of these improvements is $10,270,216.
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Figure 4 Improvement Projects and Estimated Costs
NMI
m• • •• M
M. -
Ongoing&Planned
Trestle Glen& Add a second westbound Tiburon Boulevard
Tiburon Boulevard through lane and extend it back from Trestle $5,000,000
Glen Boulevard as far east toward Stewart Drive 2014 (hard cost 10915.84 11609.44 0.064 $5,317,703 $2,658,852 $7,976,555
as practical;or construct other intersection
improvements of similar effectiveness at only)
reducing delay and/or congestion.
Mar West Street& Convert from two-way stop controlled
Tiburon Boulevard intersection to a single lane roundabout OR 2006 $438,750 9108.66 11609.44 0.27 N/A N/A $559,209
traffic signal improvement included in the
previous 2006 Traffic Mitigation Fee study.
Tiburon Boulevard Improvements identified through multi-
Intersections with jurisdictional process, including an additional
Redwood Highway westbound lane on Tiburon Boulevard identified $1,100,000 i
Frontage Road, in the Circulation Element and improvements to 2017 (hard cost NA NA NA $1,100,000 $550,000 $1,650,000
North Knoll Road the Frontage Road and North Knoll Road
and roadway identified in the previous study. only)
between
intersections
Cecilia Way& Add a merge/acceleration lane for traffic turning 2006 $30,625 9108.66 11609.44 0.27 N/A N/A $39,033
Tiburon Boulevard left from Cecilia Way onto Tiburon Boulevard.
implem ,�t1 r
Reed Ranch Road& Add a merge/acceleration lane for traffic turning
Tiburon Boulevard left from Reed Ranch Road onto Tiburon 2006 $45,419 $45,419
Boulevard.
2 Inflation Factor= (SF ENR Index 2016/SF ENR Index Benchmark Year)— 1.
3 Current Estimated Hard Cost= (1+ Inflation Factor)* Benchmark Project Cost.For current-year estimates that do not require an inflation adjustment the value in this column is the
same as the Benchmark Project Cost.
4 Per the 2016 California Multi-Agency Capital Improvement Project Benchmarking Study,the average ratio of total soft costs for streets projects in California is 50%of hard costs.
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Figure 5 Circulation Improvement Locations
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4 ''4 /,ar`;, �� �rP ",.moi .w 4✓ � . � �o. sp s t �.. -�__�--_t
909
sj 9 p
Richardson Bay
0 0.25 0.5 1 Miles
1. Trestle GlenfTiburon Blvd
LEGEND: 2. War west Dr(V'vest)frlburon Blvd
3. Reed Ranch RdMburon BNd
i0 =Location within Town of Tiburon Town of Tiburon 4. Redwood Hwy Frontage Rd/Tiburon Blvd
5. Cecilia wayMburon Blvd
Q =Location within unincorporated Tiburon Planning Area Unincorporated portions of Tiburon Planning Area
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EXISTING FICA
As described in Chapter 2,the results of the existing conditions analysis from The Town of
Tiburon General Plan EIR(2005)were reviewed for the 2oo6 TMF update to determine the base-
year status of the facilities identified in Task 2 as needing improvement,as shown in Figure 6.The
results of the analysis showed that the intersection of Redwood Highway and Tiburon Blvd was
the only signal-controlled intersection that was operating with an existing deficiency.Two of the
three stop-controlled intersections operated at LOS D or worse but did not meet signal warrants.
Therefore,these intersections were considered to operate acceptably based on the Town's LOS
criteria and were not deemed to be existing deficiencies.
Figure 6 PiVi Peak Hour Traffic Level of Service-Base Year(2005)Conditions
e • a. e •
Trestle Glen Blvd&Tiburon Blvd Signal(LOS C) C 34.3
Mar West Street&Tiburon Blvd 2-way Stop-sign(N/A) D 29.8
Redwood Highway&Tiburon Blvd Signal(LOS D) E 78.0
Cecilia Way&Tiburon Boulevard 2-way Stop-sign(N/A) D 30.1
Reed Ranch Road&Tiburon Boulevard 2-way stop sign(N/A) C 21.9
.. i 01 Jf 1 IbiiNl i,ffiC i ll I Jil i ' >t�;al 1 ti i l,i'CE: (b, i ;i3f� 'iiil
As the Redwood Highway/Tiburon Blvd intersection is the only intersection that was deemed to
have an existing deficiency,the method for determining the share of costs for improving the
intersection is treated differently than the other intersections.As calculated in the 20o6 TMF
update and shown in Figure 7,the amount of existing traffic in the base year(2005)that exceeded
the available capacity was determined by decreasing the volume at intersection-critical
movements until the intersection operated adequately. The number of vehicles removed was
considered the existing deficiency volume.
Figure 7 PM Peak Hour Intersection Deficiencies Analysis-Base Year(2005)
11
B
• mrLOS
Delay® (Seconds)
Redwood Highway Frontage D Signal 1,025 D 54.8
Road&Tiburon Boulevard
S oil<<. 10�vn of ribuion I affic nJiti( ition l 10M, j)d l e tUdy,F�h,X .. O'Jill
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DEVELOPMENT PROJECTED THROUGH BUILD-OUT
Land-use forecasts for projected build-out conditions(for both residential and non-residential
uses)were estimated in terms of dwelling units and square footage in the 2005 General Plan.
Motor vehicle trips attributable to future developments in the PM peak hour were generated from
these forecasts for the 2oo6 TMF update using the Town of Tiburon Traffic Model.The proposed
new development trip generation estimates by TAZ group are shown in Figure 8.A detailed list of
the proposed new land use developments and their trip generation estimates is provided in the
Appendix.
Figure 8 Estimated PM Peak Hour Trips from New Development
MEN=01
Town of Tiburon5 509 499 1008
Belvederes 11 7 18
Mill Valleys 56 35 91
Tourism$ 50 50 100
Total 626 591 1,217
PROJECT COSTS ATTRIBUTABLETO NEW DEVELOPMENT
As mentioned previously,if a facility does not have an existing deficiency,then the need for
improvements to that facility will be generated by new development alone.Therefore,for any
intersection without an existing deficiency,the entire cost of improving the intersection will be
covered by the TMF program. For improvements at the one location with an existing deficiency,
the proportion of costs attributable to new growth was calculated using the method described in
Chapter 2.
Traffic volumes from new developments in Belvedere and Mill Valley,as well as increased tourism
trips,were forecast for the year 202o as part of the 2oo6 TMF program update study,to control
for additional background traffic generation related to these locations that could affect the study
intersections.The Town of Tiburon Traffic Model includes TAZs that represent this background
growth from new development in Belvedere(TAZ 1),Mill Valley(TAZ 31)and a TAZ(Tourism)
for tourist traffic generally to and from the waterfront in downtown Tiburon.Traffic generated by
these three TAZs is not included in the calculations of costs attributable to new development.
Belvedere and Mill Valley developments are not included in the fee program because the Town of
Tiburon does not have jurisdiction to charge mitigation fees in other cities,and the tourist trips
5 The"Town of Tiburon"consists of TAZs 2-30 and 32.Note that several of these TAZs are located in unincorporated
portions of the Tiburon Planning Area,including all of TAZs 11,30, 18,27,and portions of TAZs 3 and 8.Although the
Town of Tiburon does not currently have authority to collect fees in the unincorporated areas,TAZs in the unincorporated
area were included in the report in the event those areas are annexed and/or included in the fee program at a future
date.
6 Belvedere is TAZ 1.
7 Mill Valley is TAZ 31.
8 Tourism refers to trips generated by increased tourism.
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are not included because the Town of Tiburon cannot charge mitigation fees to visitors.Although
the Town of Tiburon does not have authority to collect fees in the unincorporated portions of the
Tiburon Planning Area,TAZs in the unincorporated area were included in the report in the event
those areas are annexed and/or included in the fee program at a future date.
The PM peak hour traffic volumes resulting from new development(by TAZ group)at the
improvement locations and the percent contribution of new development to future deficiencies
(after subtracting trips related to existing deficiencies and background growth)are shown in
Figure 9.
Figure 9 PM Peak Hour Trips Per Intersection from New Development
INEMEMEME
Town of Tiburon9 397 340 469 368 368
Belvedere10 14 0 12 14 14
Mill Valley" 5 5 11 5 5
Tourism12 100 100 100 100 100
Total Trip Growth 516 445 592 487 487
Existing Trips 2,597 1,341 4,315 2,674 2,675
Total Cumulative Traffic 3,113 1,786 4,969 3,161 3,162
Existing Deficiency Trips 0 0 1,025 0 1
Total Mill Valley, Belvedere,and 119 105 123 119 119
Tourism Trips
New Development Trips for Fee 397 340 531 368 368
Calculation
%of Total Growth Attributable to 77% 76% 37%13 76% 76%
New Development
9 The"Town of Tiburon"consists of TAZs 2-30 and 32.Note that several of these TAZs are located in unincorporated
portions of the Tiburon Planning Area,including all of TAZs 11,30, 18,27,and portions of TAZs 3 and 8.Although the
Town of Tiburon does not currently have authority to collect fees in the unincorporated areas,TAZs in the unincorporated
area were included in the report in the event those areas are annexed and/or included in the fee program at a future
date.
10 Belvedere is TAZ 1.
11 Mill Valley is TAZ 31.
12 Tourism refers to trips generated by increased tourism.
13 Contains an existing deficiency.
NelsonlNygaard Consulting Associates, Inc. 115
TRAFFIC MITIGATION FEE UPDATE—FINAL REPORT
Town offiburon
DETERMINATION OF FEES
The total cost to be covered by TMF contributions from new development was determined by
multiplying the cost of each intersection improvement by the percentage of the improvement cost
attributable to new development within the Town of Tiburon,as shown in Figure 1o.
Figure 10 Costs Attributable To New Development
• e e
a ' e
• ®• • •• • Total New Development
Trestle Glen Boulevard&Tiburon Boulevard 77% $7,976,555 $6,137,001
Mar West Street&Tiburon Boulevard 76% $559,209 $427,261
Redwood Highway Frontage Road&Tiburon Boulevard 37% $1,650,000 $604,082
Cecilia Way&Tiburon Boulevard 76% $39,033 $29,495
Reed Ranch Road&Tiburon Boulevard 76% $45,419 $34,321
Total Costs $10,270,216 $7,232,159
As the Town of Tiburon's TAZs have been combined into a single group for purposes of fee
assessment,the determination of a separate per-trip fee rate for each individual TAZ is not
necessary. Figure 11 shows the appropriate fee amount per each new PM peak hour trip,which
was calculated by dividing the total intersection improvement costs attributable to new
development($7,232,159)by the number of PM peak hour trips attributed to new development in
the Town of Tiburon(1oo8 trips).
Figure 11 Total Fee Amount by Intersection&Fee Amount for Each New PM Peak Hour Trip
• • :e a :e • :• e :• •
Town of $6,137,000.78 $427,260.57 $604,081.63 $29,495.23 $34,320.72 $7,174.76
Tiburon74
Belvedere15 Belvedere trips(not part of fee program)
Mill Valley16 Mill Valley trips(not part of fee program)
Tourism17 Tourist trips(not part of fee program)
Total $6,137,000.78 $427,260.57 $604,081.63 1 $29,495.23 1 $34,320.72 1 $7,174.76
74 Town of Tiburon is TAZ's 2-30,32.Note that several of these TAZs are located in unincorporated portions of the
Tiburon Planning Area,including all of TAZs 11,30, 18,27,and portions of TAZs 3 and 8.Although the Town of Tiburon
does not currently have authority to collect fees in the unincorporated areas,TAZs in the unincorporated area were
included in the report in the event those areas are annexed and/or included in the fee program at a future date.
15 Belvedere is TAZ 1.
16 Mill Valley is TAZ 31.
t7 Tourism refers to trips generated by increased tourism.
NelsonlNygaard Consulting Associates, Inc. 116
TRAFFIC MITIGATION FEE UPDATE-FINAL REPORT
Town of Tiburon
Appendix.- Proposed New Development & Estimated PM
Peak-Hour Trip Generation
IS
TAZ Land Use Amount Unit Rate In Rate Out Trips In Trips Out Total Trips %of Total Trips
} 1 Single-Family 16.0 DU 0.70 0.44 11 7 18 1.5%
3 Single-Family 33.0 DU 0.70 0.44 23 15 38 3.1%
4 Multi-Family 0.0 DU 0.46 0.25 0 0 0 0.0%
4 Retail 3.9 1,000 SF 1.80 1.80 7 7 14 1.2%
4 Office 1.3 1,000 SF 0.25 1.24 0 2 2 0.2%
4 Single-Family 1.0 DU 0.70 0.44 1 0 1 0.1%
j 5 Multi-Family 10.0 DU 0.46 0.25 5 3 8 0.7%
5 Retail 9.0 1,000 SF 1.80 1.80 16 16 32 2.6%
5 Office 5.9 1,000 SF 0.25 1.24 1 7 8 0.7%
6 Multi-Family 57.0 DU 0.46 0.25 26 14 40 3.3%
6 Retail 6.5 1,000 SF 1.80 1.80 12 12 24 2.0%
6 Office 3.0 1,000 SF 0.25 1.24 1 4 5 0.4%
6 Library 17.1 1,000 SF 2.28 2.46 39 42 81 6.7%
6 Community Recreation 8.0 1,000 SF 7.00 6.00 56 48 104 8.5%
8 Single-Family 9.0 DU 0.70 0.44 6 4 10 0.8%
9 Single-Family 16.0 DU 0.70 0.44 11 7 18 1.5%
11 Single-Family 16.0 DU 0.70 0.44 11 7 18 1.5%
12 Single-Family 2.0 DU 0.70 0.44 1 1 2 0.2%
12 Community Recreation 0.0 1,000 SF 10.00 1 8.00 0 0 0 0.0%
13 Single-Family 18.0 DU 0.70 1 0.44 1 13 8 21 1 1.7%
13 Second Unit 2.0 DU 0.15 0.12 0 0 0 j 0.0%
13 Multi-Family 18.0 DU 0.46 0.25 8 5 13 1.1%
16 Single-Family 16.0 DU 0.70 0.44 11 7 18 1.5%
17 Single-Family 15.0 DU { 0.70 0.44 11 7 18 1.5%
17 Second Unit 2.0 DU 0.15 1 0.12 0 0 0 0.0%
18 Second Unit 44.0 DU 0.15 0.12 31 19 50 4.1%
18 Single-Family 2.0 DU 0.70 0.44 0 0 0 0.0%
19 Single-Family 1.0 DU 0.70 0.44 1 1 0 1 0.1%
21 Single-Family 3.0 DU 0.70 0.44 2 1 3 0.2%
22 Single-Family 13.0 DU 0.70 0.44 9 6 15 1.2%
22 Retail 22.9 1,000 SF 1.80 1.80 41 41 82 6.7%
23 Single-Family 33.0 DU 0.70 0.44 23 15 38 3.1%
24 Office 100.0 1,000 SF 0.25 1.24 25 124 149 12.2%
25 Single-Family 64.0 DU 0.70 0.44 45 28 73 6.0%
26 Second Unit 19.0 DU 0.15 0.12 13 8 21 1.7%
26 Single-Family 2.0 DU 0.70 0.44 0 0 0 0.0%
27 Single-Family 7.0 DU 0.70 0.44 5 3 8 0.7%
27 Retail 2.3 1,000 SF 1.80 1.80 4 4 8 0.7%
27 Office 2.0 1,000 SF 0.25 1.24 1 2 3 0.2%
28 Single-Family 3.0 DU . 0.70 0.44 2 1 3 0.2%
28 Second Unit 2.0 DU 0.15 0.12 0 0 0 0.0%
28 Multi-Family 10.0 DU 0.46 0.25 5 3 8 0.7%
28 Retail 1.6 1,000 SF 1.80 1.80 3 3 6 0.5%
30 Single-Family 47.0 DU 0.70 0.44 33 21 54 4.4%
31 Single-Family 80.0 DU 0.70 0.44 56 35 91 7.5%
32 Single-Family 10.0 DU 0.70 i 0.44 7 4 11 0.9%
32 Second Unit 2.0 DU 0.15 0.12 0 0 0 0.0%
32 Multi-Family 0.0 DU 0.46 0.25 0 0 0 0.0%
Tourism Tourism 50.0 Trips 1.00 1.00 50 50 100 8.2%
Nelson"Nygaard Consulting Associates, Inc. 17
RESOLUTION NO. XX-2017
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
UPDATING TRAFFIC MITIGATION FEES FOR
DEVELOPMENTS WITHIN THE TOWN OF TIBURON
WHEREAS,the Town of Tiburon first established Traffic Mitigation fees through the
adoption of Ordinance No. 232 N.S. and Resolution No. 1125 in 1980; and
WHEREAS,the Town of Tiburon periodically revises its Traffic Mitigation fees as
necessary following updates of the General Plan Circulation Element; and
WHEREAS, the Town of Tiburon has adopted enabling legislation, codified as
Chapter 14B (Public Facilities Development Fees) of the Tiburon Municipal Code,
authorizing the establishment of and administration of such fees,including traffic mitigation
fees; and
WHEREAS,the Tiburon General Plan Circulation Element,updated and adopted in
February 2016,identifies impacts of contemplated future development on existing circulation
facilities in the Tiburon Planning Area,along with an analysis of the need for new circulation
improvements to accommodate new development; and
WHEREAS, based upon the identified circulation system improvements in the
updated General Plan Circulation Element, the Town's traffic mitigation fees must be
adjusted correspondingly; and
WHEREAS,in December,2016 the Town retained the transportation consulting firm
of Nelson/Nygaard to prepare an analysis and update of its traffic mitigation fee program
based on the updated General Plan Circulation Element; and
WHEREAS, in July 2017, the Tiburon Traffic Mitigation Fee Update report
(hereafter"Update"), was completed by Nelson/Nygaard and released to the public; and
WHEREAS,the Update has established the relationship between contemplated future
development, the needed facilities, and the estimated costs of those improvements; and
WHEREAS, the General Plan Circulation Element, Update, and other relevant
information referenced herein were available for public inspection and review for more than
ten(10)days prior to the public hearing at which the fee update was considered for adoption;
and
WHEREAS,the Town Council has held a duly-noticed public hearing and provided
notice as required by law pursuant to the update of the Traffic Mitigation fees; and
Tiburon Town Council Resolution No.XX-2017 DRAFT Adopted 4--/2017 Effective 4--/2017 1
WHEREAS, the Town Council additionally finds as follows with respect to the
herein proposed fee program:
A. The purposes of the traffic mitigation fees are to provide funds for increasing street
capacity to accommodate additional traffic generated by new development,and specifically
to maintain major intersections within the Tiburon Planning Area operating at acceptable
levels of service as set forth in the General Plan Circulation Element; and
B. The traffic to be generated by projected levels of development in Tiburon will exceed the
Town's adopted traffic level of service standards for various intersections in the absence of
substantial improvements. There is a substantial government interest in maintaining a system
of local streets which can satisfactorily accommodate projected levels of traffic; and
C. In order to proj ect its circulation needs,the Town of Tiburon undertook a comprehensive
review of the Town's streets and traffic patterns as they currently exist and as they are
projected to exist in the future. This study is embodied in the Future-Year Traffic Analysis
with Proposed Circulation Network Improvements,prepared by Nelson/Nygaard and dated
November 2014, the Town's current General Plan Land Use Element, and the Town's
Vacant&Underdeveloped Parcel Inventory updated through September 2014. Information
contained in these documents was used to run the Tiburon Traffic Model and generate the
results obtained by the 2016 Circulation Element and the Update.
D. The 2016 Circulation Element provides a basis for estimating Tiburon's projected traffic
needs and identifies the street improvements necessary to accommodate that traffic. Cost
estimates of these improvements have been developed by the Town and its consultants. The
Tiburon Traffic Model provides a basis for determining a fair allocation of costs among the
users of the streets by factoring trip generation and distribution of new development projects,
and assessing their pro-rata contribution of new trips through affected intersections; and
E. Based upon extensive traffic studies and the Tiburon Traffic Model, the current
circulation system in Tiburon will not be sufficient to accommodate the amount of traffic
projected to be generated by new development. Without significant circulation
improvements,the level of service available on the streets in the Planning Area will seriously
deteriorate, resulting in a decrease in land values, a decrease in tax revenues, more traffic
accidents, lower levels of employee productivity, and lower resident quality of life; and
F. The estimated cost of accommodating the increased traffic through intersection widening,
installation of traffic signals and other local traffic mitigation is approximately$10,270,216
based on the Update. Traditional transportation improvement funding sources will not keep
pace with the need for and cost of transportation improvements caused by new development.
The Town therefore seeks to require all new development to contribute to the cost of
mitigating traffic problems by imposing traffic mitigation fees for circulation improvements.
Tiburon Town Council Resolution No.XX-2017 DRAFT Adopted--1--/2017 Effective--1--/2017 2
G. There is a reasonable relationship between the need for the improvements to be funded by
the fee and the type of development project upon which the fee is imposed. Specifically,
every project on which the fee is imposed generates increased traffic throughout the Town.
This generation of traffic in turn requires that, in order to maintain acceptable levels of
service, traffic improvements be made to accommodate the increased traffic. There is a
reasonable and direct connection between the need for the improvements and the type of
development project upon which the fee is imposed.
H. There is a reasonable relationship between the fee's use and the type of development for
which the fee is charged. The fee will be used exclusively to construct circulation
improvements, such as roadway and intersection improvements and the engineering,
planning and administrative costs directly related to such improvements. The use of the
funds will therefore directly relate to and benefit the development projects upon which the
fee is imposed; and
I. The Town Council finds that there is a reasonable relationship between the amount of the
fee and the cost of the projected required improvements. Cost of improvements has been
determined using standard engineering practices. Using the Tiburon Traffic Model, a
project's share of the improvement costs has been determined by multiplying the
improvement costs by the ratio of the number of PM peak trips generated by the project to
the total number of PM peak hour trips generated by all projects within the limits of the
Tiburon Traffic Model. Thus,the fee per project is proportional to that project's contribution
to increased traffic.
J. The Town Council finds that Tiburon's circulation system is almost totally dependent on
Tiburon Boulevard,the major spinal roadway through which the vast majority of vehicular
traffic enters and exits the Town. Therefore, for purposes of establishing a Zone of Benefit
for circulation system improvements, it is logical and reasonable to designate the entire
Tiburon Planning Area as a single benefit zone.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Tiburon does hereby establish updated traffic mitigation fees for new development within the
Town of Tiburon as more particularly set forth hereinafter.
1. Definitions.
(a) "Building Permits"means a permit required by and issued pursuant to Chapter 13
of this Code.
(b) "Circulation Improvements" includes but is not limited to the construction of or
improvement to street rights of way, traffic signals, overcrossings, underpasses, curbs,
gutters, sidewalks, street pavement, and drainage improvements incidental to street
improvements necessary to provide traffic circulation consistent with the Circulation
Element of the Tiburon General Plan. For purposes of this definition street includes highway
or road.
Tiburon Town Council Resolution No.XX-2017 DRAFT Adopted--1--/2017 Effective--1--/2017 3
(c) "New Development"means any new construction or use that requires the issuance
of a building permit,zoning or subdivision entitlement and which generates additional traffic
trips above that generated by the previous lawful use of the land.
(d) "PM Peak Hour Trip"means a vehicular trip generated by a given land use during
the one-hour period of highest traffic volume during the PM peak period of 4-6 PM as
defined in the Tiburon Traffic Model.
(e) "Tiburon Traffic Model"means the Synchro and VISTRO Model-based program
utilized by Nelson/Nygaard in their above-referenced analyses. The Tiburon Traffic Model
projects future traffic through defined intersections and determines Levels of Service of the
defined intersections based upon existing and projected levels of development.
(f) "Subdivision Entitlement" means a permit issued pursuant to Chapter 14 of this
Code.
(g)"Zone of Benefit"is for the purposes of this resolution the entire Planning Area of
the Town of Tiburon as set forth in the Tiburon General Plan, including those portions of
surrounding county and municipal governments that generate traffic tributary to Tiburon
Boulevard for traffic assessment purposes.
(h) "Zoning Entitlement" means a permit issued pursuant to regulations set forth in
Chapter 16 (Zoning) of the Tiburon Municipal Code.
2. Fee Imposed.
(a) A traffic mitigation fee shall be charged and paid at the time of issuance of a
building permit for development. The amount of the fee shall be as set forth in this
resolution, which upon taking effect shall supersede all traffic mitigation fee amounts set
forth in prior resolutions of the Town Council, including specifically Resolution No. 02-
2007.
(b)To the extent permitted by law,the fee established by this resolution shall be paid
prior to occupancy for any project not required to obtain a building permit from the Town of
Tiburon.
3. Fee Amount Calculations and Distribution.
(a) Fee calculations shall be based upon the fee amount of$7,174.76 for each new
PM peak hour trip generated,as determined in the Update. This PM peak hour trip fee shall
be multiplied by the number of new PM peak hour trips generated by the project. PM peak
hour trip generation rates for various categories of land uses are identified in attached Table
1. Trip generation rates for land uses not defined in Table 1 shall be defined based on the
latest edition of the Institute of Transportation Engineers'Trip Generation. For unique land
uses not covered by the above-referenced publication, a special study of comparable
locations shall be made to the satisfaction of the Town Engineer.
(b) The fees collected pursuant to this resolution shall be distributed into the following
traffic mitigation fee account: Tiburon Circulation System Improvement Fund (CSIF).
Tiburon Town Council Resolution No.XX-2017 DRAFT Adopted--1--12017 Effective--1--12017 4
(c) Construction Cost Index. The PM peak hour trip fee set forth in Section 3(a)
above is calculated in December,2016 dollars and shall be adjusted on July 1 of each year in
accordance with the Engineering News Record's Construction Cost Index for the San
Francisco Bay Area, which cost index sat at 11609.44 as of December, 2016.
4. Exemptions.
Projects to be exempted from the imposition of traffic mitigation fees include:
(a) Municipal and other governmental uses.
(b) Reconstruction or remodel projects where there is no increase in use or
intensity causing an increase in traffic.
(c) Accessory uses creating no increase in traffic.
(d) Affordable housing units,as defined in the Tiburon Municipal Code Chapter
16 (Zoning).
(e) Accessory dwelling units and junior accessory dwelling units, as defined in
the Tiburon Municipal Code Chapter 16 (Zoning).
5. Payment of other Fees Required.
Nothing in this resolution exempts any new development from payment of any or all
other applicable fees adopted by the Town.
6. Use of Fee Revenues Public Facilities Accounts.
From and after the effective date of this resolution,the revenues raised by payment of
the traffic mitigation fee shall be placed in a separate and special account as provided herein
and such revenues, along with any interest earnings on the account, shall be used for the
following purposes:
(a) To pay for the planning,design and construction(including administration of
construction) of designated circulation improvements;
(b) To reimburse the Town for designated circulation improvements constructed
by the Town with local funds from other sources (unless the Town funds
were obtained from grants or gifts),and provided that such reimbursement is
proportionate with the impact of the new development;
(c) To reimburse developers who have designed and constructed designated
circulation improvements having size,length or capacity beyond that needed
to mitigate impacts of that developer's individual development project;
(d) To pay for and/or reimburse costs of development and ongoing updating and
administration of the traffic mitigation fee program.
Tiburon Town Council Resolution No.XX-2017 DRAFT Adopted--1--/2017 Effective--/--/2017 5
7. Expenditure of the Fees.
Fees collected pursuant to this Resolution shall be expended only for those facilities
identified in the General Plan Circulation Element and only for the purposes for which the
fee was collected.
8. Review and Reporting.
Annual and periodic reporting and making of required findings shall be performed as
set forth in California Government Code section 66000 et seq., or any successor sections
thereto.
9. Fee Adjustments; Appeals of Fee Determination.
Fee adjustment requests and appeals of fee determinations shall be governed by
provisions of Section 1413-8 of the Tiburon Municipal Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution and its
associated fee shall become effective sixty (60) days after its adoption.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on , 2017, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
Attachment: Table 1---Trip Generation Rates for Various Land Uses
Tiburon Town Council Resolution No.XX-2017 DRAFT Adopted--1--/2017 Effective--1--/2017 6
TABLE 1
TRIP GENERATION RATES
Land Use Units PM Peak PM Peak Total PM
Rate In Rate Out Peak Rate
Single Family DU 0.70 0.44 1.14
Multi Family DU 0.46 0.25 0.71
Accessory Dwelling Unit* DU 0.15 0.12 0.27
Retail 1,000 sq. ft. 1.80 1.80 3.60
Office 1,000 sq. ft. 0.25 1.24 1.49
Library 1,000 sq. ft. 2.28 2.46 4.74
Community Recreation 1,000 sq. ft. 7.0 6.0 13.0
*Exempt from Traffic Mitigation Fee
Source: Town of Tiburon and Nelson/Nygaard, 2017
Tiburon Town Council Resolution No.XX-2017 DRAFT Adopted--1--/2017 Effective--/--/2017 7
i _
TOWN OF TIBURON Town Council Meeting
} August 16, 2017.
' t 1505 Tiburon Boulevard 0
Agenda Item
:
Tiburon, CA 94920 A'.,t
STAFF O .
To: Mayor and Members of the Town Council
From: Department of Public Works
Subject: Rich dson Bay Signage
Reviewed By:
BACKGROUND
The Town of Tiburon received a proposal from Richardson Bay Audubon Center (RBAC) to
install five interpretive signs along Richardson Bay Lineal Park (Old Rail Trail). The purpose of
the signs is to inform the public about the significance of Richardson Bay as a natural resource, as
well as provide information about the wildlife inhabiting its waters. A proposal from the project
proponents which describes the background and sign content is attached to this staff report as
Exhibit 1, and a draft of the proposed signage design is attached as Exhibit 2.
The signs are proposed to be located along the waterfront between Blackie's Pasture and San
Rafael Avenue (See Exhibit 1, page 2). Their style is proposed to be similar to that of the
existing Tiburon Peninsula Historic Trail signs that are located along the waterfront (See Exhibit
1, page 3). As part of the proposed project, 2 large wooden interpretive signs currently located
near Richardson Bay Sanitation District will be removed.
The sign concept was approved by the POST commission at the regular meeting of January 17,
2017.
DISCUSSION
Project proponents from the RBAC will present the signage proposal to Town Council and plan
to bring to the Council meeting a full size mock-up of one of the proposed signs for Council
review.
FINANCIAL IMPACT
The signs will be provided by the project proponents with a portion of the funding provided by a
grant from the Tiburon Peninsula Foundation. Town staff would remove the 2 existing signs, and
install the new signs, with the value of this work estimated at $5,500.
RECOMMENDATION
Staff recommends that the Town Council: Approve the sign concept and authorize staff to
proceed with their installation upon completion of sign design and review by staff.
Prepared by: Dmitriy Lashkevich, Associate Engineer
Exhibit 1
INTERPRETIVE SIGNAGE FOR RICHARDSON BAY
Proposal for the Town of Tiburon Council Meeting on 08/16/17
Project Team
Helene Marsh, Board Member, Audubon California, Supporter of Richardson Bay Audubon
Center & Sanctuary, Tiburon resident
Paige MacLeod, Supporter of Richardson Bay Audubon Center & Sanctuary, Tiburon resident
Casey Arndt, Engagement & Operations Manager, Richardson Bay Audubon Center &
Sanctuary
Gaylon Parsons, Co-Director, Audubon California
Proposal
We seek approval for the installation of 5 interpretive signs along the waterfront of Richardson
Bay in the locations identified on the map below. The purpose of the signs is threefold:
1. to tell a brief history of the protection of Richardson Bay from development (Sign 1)
2. to provide natural history information about the Bay and its wildlife (Signs 2,3,4)
3. to review the significance of Richardson Bay and the protection of the Sanctuary in
winter months (Sign 5)
Background
Every weekend, thousands of Tiburon and Marin residents and other visitors come to Blackie's
Pasture, McKegney Green and the waterfront along Tiburon Boulevard for recreational
purposes. This area is a very important natural resource for Tiburon and the larger community.
Many people appreciate the esthetic value of the resource, but few are informed about its
natural history significance.
Richardson Bay is a 900 acre sanctuary managed by the Richardson Bay Audubon Center, part
of Audubon California. It has been designated an Important Bird Area (IBA) as it provides critical
habitat for waterbirds as well as other wildlife. The Bay is closed to boat traffic between Oct.1
and March 31 to prevent disturbances to wintering and migrating waterbirds. Additional
information about the importance of Richardson Bay and IBAs can be found at:
http://richardsonbay.audubon.org/important-bird-areas-15
Currently, there are two old structures near the ponds of Richardson Bay Sanitary District that
each have two natural history interpretive signs that are no longer legible due to deteriorating
materials and weathering. This project would replace the existing signs with new signs that use
the same frame design as the historic trail signs, so that all the interpretive signs along the
waterfront would have a consistent appearance.
Sign Content
The project team has developed sign content with support from Romberg Tiburon Center and
other knowledgable parties.
• Sign 1 - Content and artwork have been completed for this sign (subject to minor
modifications), for the purpose of the August 16, 2017 Town Council meeting at which
project approval is being sought.
• Signs 2,3,4 and 5 - See attached draft content that has been developed with significant input
from many parties and is provided to inform the Town of overall sign content. Content for
these signs is in the final development stage.
Sign Locations
Signs 1 and 5 are located at the ends of the walking path along Richardson Bay.
Signs 2,3 and 4 are co-located near the Richardson Bay Sanitary District ponds.
MAP SHOWING SIGN LOCATIONS
(3fac k i .5
Sign 1 at Blackie's Pasture
Richardson 8�iy Signs 2,3,4 at Richardson Bay Sanitary District ponds
Audubon Center I'Id
6"�fc3lrfr Safctu,ary;
R#chwdsoh Bay
0�bil'Par k,
'rryry
Sign 5 near San Rafael Ave,at Historic Trail entrance
E
Frame Design
Double Pedestal, cantilevered, ADA compliant, powder coated aluminum, rust color to mimic
Tiburon Peninsula Historic Trail Signs (per sign shown below). Size of panel: 24"x36"
(Note that Tiburon Peninsula Historic Trail Signs are framed in corten steel. This material rusts over time
and will affect the signs as seen below in the top right hand corner of the sign. The alternative frame
material will look like the existing frames but will not rust.)
? byAM
'€`.. rA
'� me rrsc.,r c nnu uunv Kiu vas ruin .,,., .,,.
Sign Funding
Ajoint venture between the Town of Tiburon,Audubon California and Tiburon Peninsula
Foundation
Town of Tiburon
We request that the Town remove the old sign structures and assemble and install the new
signs. Tiburon's Department of Public Works has estimated this cost to be appx. $5,500.
Audubon California
The project team has developed the project including sign content over the last 9 months.
Audubon has additionally obtained funding to cover the design costs, estimated to be $4,000.
Tiburon Peninsula Foundation
TPF has agreed to a donation of$6,500 for sign production. Audubon has agreed to recognize
TPF's involvement by including the Black logo on the bottom left corner of each slide.
Exhibit 2
SIGN 1 _
SAVING OUR BAC
This view could have looked quite different had ww
the Reeds Port project,a proposed development of
several thousand homes,been built over Richardson
Bay in the 1950s.Fortunately,this vital habitat was PklA
saved by concerned Iocal residents who blocked ,
construction of the housing project. h, ,
Today 900 acres of bay waters are protected by the
Richardson Bay Audubon Center&Sanctuary for the
thousands of wintering birds and other wildlife that
call it home. r �.
RicharcL nn Aay f
Audubon Coater 5Ta
• l^'.w -CaY
®fou uc i�c[c
Richardson Bay
Audubon Sanrn,ary The Reeds Port project,a proposed development of several thousand
homes on Richardson Bay.
Tiburon y� ����QS_
M.in city
Belveden: Lyford House,historic landmark
Richardson Bay Audubon Center rs r
376 Greenwood Beach Rd.,Tiburon r.
4 l l
SaU Ih.
The sanctuary waters are closed to all watercraft
every year from October 1st to March 31st to protect
the migrating birds and this unique habitat.
�t81uCjuboncAi roRN�A
J
i
220 i4.lontgomciy Street, Suite 1000
San Francisco,California 94104
�*AudubonCALIFORNIA
'Fel: 415-644-4600
bVww.ca.audubon.org
i
August 9, 2017 I
Jim Fraser, Mayor
Emmet O'Donnell,Vice Mayor
Tiburon Town Council
1505 Tiburon Boulevard
Tiburon, California 94920
l
Dear Mayor Fraser,Vice Mayor O'Donnell,and Town Councilmembers:
Audubon California and the Richardson Bay Audubon Center and Sanctuary have been part of the
Tiburon community for 59 years, serving conservation in the state from a uniquely important corner of
San Francisco Bay and hosting generations of young people, community volunteers,and families at our
programs and camps. We tell the story of Dr.Steinhardt and the Lyford House and of the volunteers
who stepped in to prevent the filling in of Richardson Bay—and who eventually became Marin Audubon
Society.Audubon offers community science volunteer opportunities, and hosts partners such as the
Smithsonian and University of San Francisco to conduct science that will help California save our
eelgrass beds,respond to sea level rise, and protect the wildlife that rely on this healthy habitat: surf
scoters, Pacific herring, scaup, brown pelicans, kingfishers. What a gift those early volunteers
bequeathed to the Town of Tiburon and to all of California!
In that same spirit,Audubon California board member Helene Marsh and San Francisco Bay board i
committee volunteer Paige MacLeod have led a project that ensure that the biology and history of
Richardson Bay is more widely shared. In partnership with the Tiburon Peninsula Foundation, Audubon
California's Richardson Bay Center&Sanctuary,and—we hope—the Town of Tiburon, they have
developed a set of educational and interpretive signs that will be placed in strategic locations around
Richardson Bay, near Blackie's Pasture.
As leaders of Audubon California, and on behalf of the board and management team, we strongly urge
the Town to unanimously approve this project including the Town's installation of the signs. We believe
it is a gift to the future of which we all should be proud to be part. `
F
Thank you for your consideration.
Sincerely,
U —
gh n Hertel MloParsons
Interi State Co-Director Interim State Co-Director
i
i
i
i
TOWN OF TIBURON Town Council Meeting
t � 1505 Tiburon Boulevard June 21, 2017
Tiburon, CA 94920 Agenda Item:Al
r
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Department of Public Works
Subject: R c mmendation to Adopt Right-of-Way Restoration Standards
Reviewed By:
BACKGROUND
In 2005, the Town Council passed Ordinance 489 regarding encroachment permits. This
ordinance states that:
All facilities shall be placed, installed, or constructed and the right-of-way restored in
accordance with the standard specifications adopted by resolution of the town council and
any applicable special conditions or provisions imposed by the town council or engineer.
While this ordinance provides broad authority to the Town Engineer, it is clear that the intent of
the Ordinance was to have Council approve standards for encroachments and street restoration for
both standard roadways and moratorium roadways. It appears that this has not yet been done.
This staff report discusses and recommends standards for encroachments in the Right of Way.
In 1992, The Cities and County of Marin adopted Uniform Construction Standards. The written
standards have remained the same since then. The graphic standard details were updated in May
2008. In 2014, the Marin Public Works Association (MPWA) began working to update the
standard details. This effort is now completed and has resulted in the attached standards.
The standard approved by MPWA specifically does not address the standard for moratorium
standards.
Staff believes that the recent trench restoration standard approved by MPWA is a fair standard
and should be adopted by Tiburon restoration on non-moratorium street segments. Further, staff
believes that, with a few modifications, the MPWA adopted standard can be adapted for
moratorium streets. Staff believes that the modifications for moratorium street segments should
be based engineering studies.
ANALYSIS
The Town of Tiburon processes about 200 encroachment permits per year. Many of these
involve cutting into our roadways. Some cuts are large and are related to major pipeline
replacement projects by utilities, but the vast majority are smaller cuts for localized work.
TOWN OF TIBURON PAGE 1 OF 4
i
Various studies indicate that the damage caused by trenching results in a Loss of Service Life
between 20% and 64%. The Town of Tiburon Pavement Management Program Budget Options
Report dated October 2015 states that to maintain our current pavement condition an annual
investment of$650,000 is required. Putting both of these together, trench cuts cost the Town of
Tiburon between $130,000 and $416,000 per year.
Trench damage is inherent in the cut. Even a good standard will result in some damage as a
result of relaxation of the trench sidewalls and the cut in the pavement. A good trench standard
will minimize the damage due to side wall soil relaxation, and the number and length of
pavement cuts.
Recommended Standard
MPWA worked for over a year and a half to produce and agree upon the attached standard. Staff
recommends that the Town of Tiburon adopt this standard.
Moratorium Roads Standard
The Town's municipal code envisions a stronger standard for moratorium roads.
For moratorium roads, Marin County requires that, in addition to the normal trench repair, "at a
minimum a 2-inch grind and overlay 40 feet in each direction from furthest trench wall or
construction damage, for a width from the nearest lane line to the edge of the pavement. If the
trench crosses the street full width restoration is required." It is unclear whether this moratorium
standard is applied evenly to both utilities and to homeowners. We have asked and received
conflicting answers.
For the sake of uniformity, we have tried to use the Main County Standard. This has resulted in
complaints from contractors and homeowners.
Staff believes that it is possible to make simple modifications to the MPWA approved trench and
apply it to moratorium roads. Staff believes that the following modifications to the MWPA
standards will result in a standard that meets the needs of the Town and is backed up by multiple
engineering studies:
• Top "T" Section shall be a minimum thickness equal to the depth of the existing asphalt
• The permittee shall have the option of a two-inch overlay across the entire roadway in lieu
of the T sections
• Shirty seal of the entire roadway shall be required for all major projects if the roadway is
not overlaid.
• Intermediate backfill shall be Controlled Density Fill unless waived by the Town
Engineer
Staff believes that this moratorium standard should be applied evenly to all applicants. Staff
notes that the Tiburon Municipal Code prohibits cutting moratorium roads except under certain
circumstances:
No excavation shall be permitted in any public right-of-way that was constructed or
resurfaced during the five-year period prior to the proposed excavation. This prohibition
1 ov, r.C tim it Mcctin�l
shall not apply to emergency excavations..... This prohibition also shall not apply to
excavations required to provide essential utility services to a property where there are no
other reasonable means of providing such services to the property or where the work is
mandated by state or federal laws or orders...
Slurry on new Patches
Since 1992 there has been a requirement to slurry trench patches. Certainly, for a large project,
such as a water or sewer main replacement it makes sense to slurry the entire roadway after the
work if an overlay is not done. The restores the look of the pavement and also rejuvenates
pavement adjacent to the new patch. Staff recommends that for large projects the slurry seal be a
requirement.
Smaller, individual patches make up the vast majority of our encroachment permits. Slurry seal
over a new patch does not extend the life of the new patch. The only reason to require slurry seal
of a small patch is for aesthetics. This is, therefore, a balance between aesthetics and costs to the
permittee. Staff would like the opinion of the Council regarding this matter.
On the cost side, it is very expensive to slurry seal a small patch. The equipment required for a
proper slurry seal is large. It is nearly impossible, and extremely expensive if possible, to get a
machine to come to Tiburon for a small patch.
On the aesthetics side, staff has received multiple complaints over the past couple years from
angry residents regarding the patchwork quilt of patches on their roadways. The Town might
slurry a roadway every 6 to 10 years and pave even less often. Residents are upset when soon
after a slurry or paving project is completed, a new patch is cut into the roadway. The new
standard enlarges the patches and squares them up, which will improve the appearance and
rideability of patches, but will not eliminate this problem.
A patch in a newly paved roadway cannot be reasonably hidden with a slurry seal covering.
Where placing slurry on a patch will have the best aesthetic effect is when the road has been
recently slurry sealed and then the patch is sealed to match.
This is really a values question. Many of the permitees for these small patches are our residents.
Does the Town want to have roads that look good and burden the permittees with these extra
costs, or not burden the permittees and have roads with visible patches?
Staff has looked at the possibility of allowing the use of a squeegee applied seal coat for small
patches. There are a number of products available that come in cans as small as five gallons.
Many of these have small aggregate mixed into them or accommodate the addition of small sized
sand. This may be a reasonable compromise, but staff cautions that these patches will not look
the same as regular slurry and may track after application, resulting in perceived workmanship
complaints. We have tried this using two different mixes, and our unanimous opinion was that it
did not improve the look of the patches compared to a bare asphalt patch and may have made it
look worse.
If Council desires this approach, the requirement to seal coat such patches could be required on
any roadway that was slurry sealed within the last three years.
_._._..._....__...______..........._.. _____ ____..____..._. _ -- ._ __ __
I OV,I' COLI l?ill Mcc"in",
FINANCIAL IMPACT
There is no cost to the Town to adopt these standards. Adopting better trench restoration
standards will, over time, save the Town money in road maintenance. It is difficult for staff to
predict the extent of this savings but, over the long term, it could reasonably exceed $100,000
annually.
RECOMMENDATION
Staff recommends that the Town Council:
1. Provide direction to staff regarding slurry seal of new patches.
2. Move to approve a Resolution to accept Roadway Restoration Standards for the Town
of Tiburon.
Exhibits:
1. Resolution Roadway Restoration Standards for the "Town of Tiburon
2. Roadway Restoration Standards for the Town of Tiburon
3. ORDINANCE NO. 489 N.S.
Prepared By: Patrick Barnes, Director of Public Works
l t���
or I lBt Rloc I A
RESOLUTION NO. ##-2017
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ADOPTING
"TRENCH RESTORATION STANDARDS"
WHEREAS, in 2005, the Town Council adopted 2005, the Town Council passed
Ordinance 489 regarding encroachment permits. This ordinance states that: All facilities shall be
placed, installed, or constructed and the right-of-way restored in accordance with the standard
specifications adopted by resolution of the town council; and
WHEREAS, in 2005, the Town Council adopted 2005, the Town Council passed
Ordinance 489 regarding encroachment permits which prohibited cutting of moratorium streets
except under certain circumstances, then requiring"the affected right-of-way shall be restored in
accordance with the right-of-way restoration standards approved by resolution of the town
council."
WHEREAS, on April 20, 2017, the Marin Public Works Association by unanimous vote
approved standards for trench restoration; and
WHEREAS, these standards approved by Marin Public Works Association are for non-
moratorium street segments; and
WHEREAS, the Town Council has considered the recommendation of the staff regarding
the standards approved by the Marin Public Works Association as well as modifications to these
standards for Moratorium Street Segments and all public testimony and correspondence, and has
considered the draft revised Standards at a public meeting held on June 21, 2017; and
WHEREAS, the Town Council finds that adoption of the revised Standards is statutorily
exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to
and Sections, 15301, and 15305 of the CEQA Guidelines.
NOW, THEREFORE BE IT RESOLVED that the Town Council hereby adopts the
Standards, to be entitled "Trench Restoration Standards", as set forth in the attached Exhibit A.
and sets forth the following additional requirements for Moratorium Street Segments:
• Top "T" Section shall be a minimum thickness equal to the depth of the existing asphalt
• The permittee shall have the option of a two-inch overlay across the entire roadway in
lieu of the T sections
• Slurry seal of the entire roadway shall be required for all major projects if the roadway is
not overlaid
• Intermediate backfill shall be Controlled Density Fill unless waived by the Town
Engineer
EXHIBIT NO.
Tiburon Town Council Resolution No. ##-2017 06/21/2017 Page 1 of##
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on June 21, 2017, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JIM FRASER, MAYOR
ATTEST:
LEA STEFANI, TOWN CLERK
Attachment: Exhibit A; Trench Restoration Standards
Tiburon Town Council Resolution No. 04-2017 01/18/2017 Page 2 of 2
MORATORIUM STREET
FOR NEW PAVEMENT SECTION SEE
TABLE A ON DWG. NO. 380
EXISTING AC1
/nac,
< �.fij TJ v S J pal l S l l 1.
u GRIND FULL
ABP12" OF CLASS AND SUBGRADE 11 II ` t Y t �� 3 DEPTH T-CUT
AB �S� ,S?� > > �,,.
95% RELATIVE
COMPACTION ;, < ,�,� c> , � .� y r .c ,� 1)JI
�
ISG
24" 12"
MIN. MIN.
SEE NOTE 2
INTERMEDIATE BACKFILL ON DWG. N0. 350
CONTROLLED DENSITY FILL
LOCATING WIRE (FOR
NON-METAL PIPE) IF REQUIRED
BY AGENCY OR UTILITY
INITIAL BACKFILL & BEDDING 6" ABOVE PIPE MAX.
-Y4 CRUSHED ROCK (INITIAL BACKFILL)
OR
CONTROLLED DENSITY FILL (IF
REQUIRED BY UTILITY) O.D. MIN. (INITIAL BACKFILL)
OR
SAND (IF REQUIRED BY UTILITY) 6" TYP. (BEDDING)
'E3 FOR PIPES 6" AND SMALLER
v
0
V)
TRENCH WIDTH
C
'o SEE TABLE BELOW
U
v
N
a NOTE: IF ROADWAY HAS EXISTING AC OVER CONCRETE, TRENCH RESTORATION SHALL BE DETERMINED
BY THE AGENCY ENGINEER.
OD
N TYP E 1
V) ASPHALT CONCRETE PAVED STREETS
U
CONDUIT SIZE LESS THAN 6" 6" TO 24" OVER 24" TO 60" OVER 60"
0
TRENCH WIDTH O.D. + 12" O.D. + 24" O.D. + 24" O.D. + 24"
v ,
o TRENCH WIDTH INCLUDING A CHANGE TO A SELF-COMPACTING ENGINEERED TYPE OF INITIAL
V) BACKFILL MATERIAL.
rJT
C
7
0 MAY
UNIFORM STANDARDS 2017
TRENCH DETAILS
ALL CITIES AND DWG. N0.
SHEET 1 OF 3
COUNTY OF MARIN 330
D BY
FOR NEW PAVEMENT SECTION SEE
TABLE A ON DWG. NO. 380
EXISTING AC -- -
GRIND 2"
TOP 12" OF CLASS II AB T-CUT
AB AND SUBGRADE
95% RELATIVE
COMPACTION -
SG =_
INTERMEDIATE BACKFILL 24" 12"
CLASS II AB - 90% MIN. MIN,
RELATIVE COMPACTION .
. . . . . . . . . . . . . . . . . .
OR 2 . SEE NOTE 2
CONTROLLED DENSITY FILL ON DWG, NO. 350
(IF ALLOWED BY AGENCY .
ENGINEER) C7. SEE NOTE 1
ON DWG, NO. 350
OR
SELECT NATIVE (IF LOCATING WIRE (FOR
ALLOWED BY AGENCY NON-METAL PIPE) IF REQUIRED
ENGINEER) 90% RELATIVE • . . . . . BY AGENCY OR UTILITY
COMPACTION ' . .. • "
INITIAL BACKFILL & BEDDING ;: ',`, ::; ;'. , .: 6" ABOVE PIPE MAX.
(INITIAL BACKFILL)
CRUSHED ROCK .
OR
:l
CONTROLLED DENSITY FILL (IF
REQUIRED BY UTILITY) O.D. MIN. (INITIAL BACKFILL)
OR
SAND (IF REQUIRED BY UTILITY) : 6" TYP. (BEDDING)
3" FOR PIPES 6" AND SMALLER
TRENCH WIDTH
SEE TABLE BELOW
NOTE: IF ROADWAY HAS EXISTING AC OVER CONCRETE, TRENCH RESTORATION SHALL BE DETERMINED
BY THE AGENCY ENGINEER.
-----__.__.__TYPE 1_____
ASPHALT CONCRETE PAVED STREETS
CONDUIT SIZE LESS THAN 6" 6" TO 24" OVER 24" TO 60" OVER 60"
TRENCH WIDTH O.D. + 12" O.D. + 24" O.D. + 24" O.D. + 24"
F0R�TPE' -WCTF{ NTOI T{iAN i6" OF-_C`RER,THE--A0 1 1TGER MAY_ALLOW_A_ CDU ll-
TRENCH WIDTH INCLUDING A CHANGE TO A SELF-COMPACTING ENGINEERED TYPE OF INITIAL
BACKFILL MATERIAL.
MAY
UNIFORM STANDARDS TRENCH DETAILS 2017
ALL CITIES AND DWG. NO.
COUNTY OF MARIN SHEET 1 OF 3
REV, DATE BY 1330
6" #4-12" LONG DOWELS 0 24" OC
MIN. STAGGERED
CLASS II CONCRETE
7YP. MATCH EXISTING DEPTH OF
CONCRETE
EXISTING CONCRETE PAVEMENT
12" CLASS II AB
95% RELATIVE SEE NOTE 2
COMPACTION ON DWG. NO, 350
. . . . . . . .
. . . . . . . . . . . . . . . . .
INTERMEDIATE BACKFILL . . "
. . . . . . . . . . . . . . . . .
(SEE TYPE 1 TRENCH DETAIL . . . . . . . . . . . . . . . .
ON DWG. NO. 330) • . • . . . . . . . . . — • •
TYPE 2
CONCRETE PAVED STREETS
REPLACE EXISTING AC OR DRIVEWAYS, WALKWAYS OR
CONCRETE. MATCH EXISTING SIDEWALK AREAS UNPAVED AREAS
TYPE AND THICKNESS --
MOUND BACKFILL
L \\
0 12" CLASS II AB �/ 12" NATIVE SOIL
95% RELATIVE �// 90% RELATIVE
N COMPACTION \ COMPACTION
(IF REQUIRED BY
c AGENCY ENGINEER)
0
v
v
o INTERMEDIATE BACKFILL . . • • •
$ (SEE TYPE 1 TRENCH DETAIL
ON DWG. N0. 330) _ . . . . ON DWG. NO. 350
0
0
N
V)
NOTE; FOR TRENCHES IN UNPAVED SHOULDERS, TOP 12" SHALL BE CLASS II AB
95% RELATIVE COMPACTION.
TYPE 3
AREAS OTHER THAN STREETS IN
c"n THE PUBLIC RIGHT OF WAY
STANDARD MAY
UNIFORM STANDARDS 2008
TRENCH BACKFILL
ALL CITIES AND DWG. N0.
�c
COUNTY OF MARIN RESURFACING 340
RESHEET 2 OF 3 V. DATE BY
MATERIAL AND COMPACTION REQUIREMENT FOR TRENCH BACKFILL
1. INTERMEDIATE BACKFILL SHALL BE CLASS II AGGREGATE BASE. SUITABLE NATIVE
OR IMPORTED GRANULAR MATERIAL MAY BE USED IF ALLOWED BY AGENCY
ENGINEER. RELATIVE COMPACTION SHALL BE AT LEAST 90%.
2. CLASS II AGGREGATE BASE SHALL CONFORM TO THE STATE STANDARD
SPECIFICATIONS. MINIMUM RELATIVE COMPACTION SHALL BE 95%. IF PAVEMENT
HAVING A STRUCTURAL SECTION GREATER THAN 15" IS CUT, ADDITIONAL BASE
MATERIAL MAY BE REQUIRED BY THE AGENCY ENGINEER. BASE SHALL BE
PLACED AND COMPACTED PRIOR TO PLACING OF TEMPORARY PAVING.
3. TESTING OF MATERIALS AND PERFORMANCE SHALL BE IN CONFORMANCE WITH
THE METHODS STATED IN THE LATEST EDITION OF THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION, STANDARD SPECIFICATIONS, EXCEPT THAT
RELATIVE COMPACTION MAY BE TESTED BY AASHTO METHOD T180, ASTM
D-1557, OR TEST METHOD CALIF. 231 (NUCLEAR DENSITOMETER).
4. PLACE AC IN 3" MAX, LIFTS, EXCEPT FINAL LIFT SHALL BE 2 1/2" MAX.
ADDITIONAL THICKNESS AND LIFTS OF ASPHALT CONCRETE MAY BE REQUIRED TO
MATCH EXISTING STRUCTURAL SECTION ON MAJOR ROADS, OR PER LOCAL
JURISDICTION REQUIREMENTS.
5. "JETTING" OF BACKFILL MATERIAL IS NOT PERMITTED.
6. THE USE OF PEA GRAVEL (OR SIMILAR ROUNDED AGGREGATE), IS NOT
PERMITTED.
7. THE USE OF CONTROLLED DENSITY FILL (CDF) SHALL BE APPROVED BY THE
AGENCY ENGINEER PRIOR TO PLACEMENT.
8. TRENCH EDGES SHALL BE TRIMMED TO A NEAT LINE AS REQUIRED BY THE
AGENCY ENGINEER. TRIMMING SHALL BE BY SAWCUT OR ROTARY GRINDER,
9. THE SURFACE COURSE OF TRENCH RESTORATION SHALL EXTEND TO THE LIP OF
GUTTER IF THE EDGE OF TRENCH IS WITHIN 4' OF THE LIP OF GUTTER, AND TO
THE EDGE OF PAVEMENT IF THE EDGE OF TRENCH IS WITHIN 4' OF AN UNPAVED
SHOULDER.
10. CONTRACTOR MUST SHORE ALL TRENCHES IN CONFORMANCE WITH OSHA AND
STATE SAFETY STANDARDS.
MAY
UNIFORM STANDARDS TRENCH NOTES 2008
ALL CITIES AND DWG. NO.
COUNTY OF MARIN SHEET 3 OF 3
REV. j DATE By 350
CENTERLINE OR LANE LINE
LIMITS OF NEW PAVEMENT
1 _ 12" STRUCTURAL SECTION
MIN
EXCAVATION
12" VARIES 12"
_« MIN MIN �-
24"
MIN, TYP.
} 12"
MIN
_..
-
-- -----_..---------_�
BIKE LANE
3
GUTTER LIP OR EDGE OF PAVEMENT
PLAN
NOTES:
1� FOR TRENCH REPAIRS IN THE VEHICLE TRAVEL LANE(S), THE RESTORATION
SHALL BE EXTENDED TO THE LANE LINE OR CENTER OF LANE, IN
ACCORDANCE WITH MINIMUM T-CUT DIMENSIONS SHOWN ON DRAWING 330.
IF THE LIMITS OF RESTORATION ENTER A BIKE LANE, THE RESTORATION
SHALL BE EXTENDED TO COVER THE ENTIRE BIKE LANE WIDTH.
�3 IF THE LIMITS OF EXCAVATION ARE WITHIN 4 FT OF THE GUTTER LIP OR
EDGE OF PAVEMENT, THE RESTORATION SHALL BE EXTENDED TO THE
GUTTER LIP OR EDGE OF PAVEMENT.
MAY
UNIFORM STANDARDS RESTORATION 2017
ALL CITIES AND OF ASPHALT DWG. NO.
COUNTY OF MARIN SHEET 1 of 3 360
REV. DATE BY
NOT ACCEPTABLE ACCEPTABLE
1U SEE NOTE
\ 5 ON DWG
`� NO. 380
\\. (TYP.)
PLAN
NEW NEW
PATCH PATCH
NOTE: REFER TO DRAWING NO. 380
NOT ACCEPTABLE ACCEPTABLE
EXISTING
PATCH
a
PLAN,o,�� ` a
NEW
NEW -� PATCH
PATCH
NOTE: REFER TO DRAWING NO. 380 (NOTE 2)
NOT ACCEPTABLE ACCEPTABLE
NEW
PATCH
g�k PLAN g�kE cq
NEW
PATCH
)EXTSTING\ CROWN
PATCH
NOTE: REFER TO DRAWING NO. 380 (NOTE 3)
NOT ACCEPTABLE ACCEPTABLE
DAMAGED
PAVEMENT CENTER
OF\ E
PLAN
NEW �EW'
PATCH \ PATCH .�
NOTE: REFER TO DRAWING NO. 380 (NOTE 4)
MAY
UNIFORM STANDARDS RESTORATION 2017
ALL CITIES AND OF ASPHALT DWG, N0.
COUNTY OF MARIN SHEET 2 OF 3 `370
REV. DATE BY
RESTORATION OF' ASPHALT REQUIREMENTS
NOTES:
(D EXISTING PAVEMENTS SHALL BE REMOVED TO CLEAN, STRAIGHT LINES
PARALLEL AND PERPENDICULAR TO THE FLOW OF TRAFFIC. DO NOT
CONSTRUCT FINAL RESTORATION WITH ANGLED SIDES AND IRREGULAR SHAPES.
IF A PROPOSED CUT IS WITHIN 10 FT OF AN EXISTING PATCH, EXTEND THE
FINAL RESTORATION TO THE EXISTING PATCH (FOR BELL HOLE OR TRENCH NO
GREATER THAN 10 FT LONGITUDINAL).
IF A NEW PATCH IS DONE WITHIN AN EXISTING PATCH, THE BOUNDARIES OF
THE FINAL RESTORATION FOR THE PATCHES SHALL COINCIDE.
IF A SECTION OF PAVEMENT IS DAMAGED DURING CONSTRUCTION, THE FAILED
AREA SHALL BE REMOVED TO SOUND PAVEMENT AND PATCHED. IF THE
DAMAGED AREA IS WITHIN 10 FT OF THE NEW PATCH, THE FINAL RESTORATION
OF THE PATCHES SHALL COINCIDE.
LIMITS OF FINAL PAVEMENT RESTORATION TO STOP AT ONE OF THE FOLLOWING
LOCATIONS: CENTER OF LANE, TRAVEL LANE LINE, BIKE LANE LINE, ISLAND
CURB/GUTTER, EDGE OF ROADWAY PAVEMENT CURB/GUTTER.
(a) STEEL PLATES USED FOR BRIDGING SHALL EXTEND A MINIMUM OF 1 FT
BEYOND THE EDGE OF TRENCH. PLATES SHALL HAVE NONSKID ABRASIVE
SURFACE PER CALTRANS SPECIFICATIONS 75-1.03F, AND COUNTER—SINKING
MAY BE REQUIRED WHEN DEEMED NECESSARY BY AGENCY ENGINEER.
CUTBACK SHALL NOT BE USED EXCEPT WHEN PRE—APPROVED BY THE
AGENCY ENGINEER OR WHEN TRIMMING TRENCH PLATES.
Table A
Min. Final Pavement Repair Structural Section
Road Type Traffic AC Surface Assumes R Value=10*
Index** (TOTAL) AC, Min. AC Thickness AB Thickness Alternate Deep
Lift A.C.
Local 5.0 1 4" 1 2.0" 1 4.0" 7.01- 7.0"
Collector 6.5 5" 2.0" 1 5.011 11.01, 11.01,
Arterial" 8.0 6" 3.0" 6.0" 14.0" 14.0"
Notes:
*Unless applicant provides actual R-Value test results and pavement section design
**Or as approved by City/County Engineer based on actual traffic loading
MAY
UNIFORM STANDARDS RESTORATION 2017
ALL CITIES AND OF ASPHALT DWG. NO.
COUNTY OF MARIN SHEET 3 OF 3 380
REV. DATE BY
ORDINANCE NO.489 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON REPEALING THE EXISTING CHAPTER 19 OF THE
TIBURON MUNICIPAL CODE,AND ADDING NEW CHAPTERS
19 AND 19A TO SAID CODE,REGARDING ENCROACHMENTS
INTO TOWN PROPERTY AND RIGHTS OF WAY
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. The existing Chapter 19 of the Tiburon Municipal Code entitled "Encroachments"
is hereby repealed in its entirety, provided however, that this repeal shall not effect or prevent the
prosecution or punishment of any person for any act done or omitted in violation of this chapter prior to
the effective date of this ordinance.
SECTION 2. A new Chapter 19 of the Tiburon Municipal Code, entitled "Encroachments;
General,"is hereby added to the Tiburon Municipal Code to read as follows:
19-1 Definitions.
As used in this chapter, the following terms are defined in this section:
"Encroachment permit" means a permit issued by the town to approve work within,upon,or beneath
town streets, street right-of-ways, or on town-owned land.
"Town council"means the town council of the Town of Tiburon.
"Town engineer"means the town engineer of the Town of Tiburon or his designee.
"Town-owned land"means real property in which the town holds an interest, including, without
limitation, fee title ownership,easement or leasehold.
"Work" means, without limitation, the erection of any structure; placement of any improvement; filling;
excavation; installation or removal of utility lines or pipes; installation or removal of telecommunications
facilities(as defined in Chapter 9, section 9-2 of this Code); installation or construction of curb cuts,
curbs or gutters; installation or construction of sidewalks or driveways; installation of roadway
approaches; or removal or planting of trees or shrubs. "Work"shall also include installation or
construction of sidewalks or driveways; installation of roadway approaches;removal or planting of trees
or shrubs, or any activity that interferes with or obstructs the free flow of traffic or normal parking
activities on public streets. "Work"shall also include, without limitation,the business or trade of selling,
vending,hawking or peddling any merchandises, article or item whatever.
EXHIBIT NO.
S:Administration/Town CounciVOrdinances/Encroachment Ord.Adopted 10-19-05—Effective November 18,2005
Page 1 of 18
19-2 Encroachment permits required.
An encroachment permit for work within,upon or beneath the town streets, street right-of-ways,public
easements or town-owned land shall be required and issued in accordance with this Chapter and, as
applicable, Chapter 19A and division 2,chapter 5.5 (sections 1450 et seq.) of the California Streets and
Highways Code and the provisions of this chapter.
19-3 Application and fees.
(a) All applications for encroachment permits shall be on forms supplied by the town and shall be
accompanied by a drawing and/or plan clearly describing the proposed work, as well as any other
materials specified on the town's application forms.
(b) Except for exemptions specified herein,all applications shall be accompanied by a non-refundable
application fee as established in the town's current fee schedule.
(c) An inspection fee shall also be established and levied as deemed necessary. Prior to the issuance of an
encroachment permit, the applicant shall deposit an inspection fee determined by the town engineer as
adequate to recover the costs of inspection.
(d) If any work requiring an encroachment permit is begun without a permit, the application fee shall be
doubled as a penalty and to compensate for the extra staff time involved in inspecting completed or
partially completed work.
19-4 Action on application--Appeal.
(a)The following encroachment permit applications shall be reviewed and acted upon by the town
council:
(1) Encroachment permit applications entailing the construction of buildings, car decks, carports, garages
or other permanent structures of a substantial nature;
(2) Encroachment permit applications that would have a substantial adverse effect on vehicular or
pedestrian circulation, or on public health and safety.
The town council may approve, approve with conditions or disapprove the application. If approved, such
applications shall require a recorded encroachment permit. In no event shall construction of enclosed
living space be allowed to encroach within a Town street, easement or right-of-way.
(b) All other applications may be acted upon by the town engineer,who may approve, approve with
conditions or disapprove the application. In his reasonable discretion, the town engineer may refer any
application to the town council for action, or may require recordation of any encroachment permit.
(c) The decision of the town engineer may be appealed to the town council pursuant to provisions of
Chapter 16,section 16-3.08of the Tiburon Municipal Code.
19-5 Revocation of permit--Relocation or removal of encroachment.
(a) The town engineer may revoke any encroachment permit for reasonable cause, including but not
limited to the failure to abide by conditions of approval. The decision of the town engineer to revoke a
permit may be appealed to the town council pursuant to provisions of chapter 16, section 3.08 of the
Tiburon Municipal Code.
(b) Each encroachment permit shall contain a statement that it is revocable by the town.
(c)An encroachment permit shall contain a condition that in the event of the future improvement of the
street, street right-of-way, or town-owned land,which in the discretion of the town engineer requires the
elocution or removal of the encroachment,or in the event that the town engineer determines it is
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reasonably necessary for the public health, safety or general welfare,the permittee will relocate or
remove the encroachment at his sole expense. In that event,the town engineer shall serve on the permittee
his written demand specifying the relocation or removal of the encroachment and specifying a reasonable
time within which the relocation or removal must be commenced. The permittee must thereafter
diligently prosecute the relocation or removal to completion.
19-6 Responsibility for repairs and maintenance.
The permittee or his assigns in interest shall be responsible for maintenance and repair of any work for
which a permit was issued. Should at any time any work performed under the encroachment permit
become defective through lack of proper maintenance, such defect shall be considered as sufficient reason
for revocation of the permit as provided in section 19-5.
19-7 Surety and maintenance bond--Exceptions.
Before granting a permit under the provisions of this chapter,the decision-making body may require the
applicant to file with the town a satisfactory surety and one year maintenance bond, or other form of
monetary security acceptable to the town engineer, in such amounts as the decision-making body deems
sufficient to guarantee completion and maintenance of the improvements.
19-8 Bodily injury and property damage liability insurance.
(a)Before granting a permit under the provisions of this chapter, the decision-making body may require
the applicant to file with the town a certificate of insurance for bodily injury and property damage
liability naming the town as additional insured.The minimum limits of such insurance shall be fixed by
the town engineer in such amounts as he deems sufficient, and in fixing the limits he shall use as his basis
the cost and hazards involved in the work-sought to be performed under the permit.
(b) In cases involving excavation, grading or trenching,the applicant shall be wholly responsible for
locating any underground utilities.
19-9 Emergency excavations.
A permittee may excavate openings in town streets or street right-of-ways to make repairs in the case of
an emergency requiring immediate action. In such cases, any affected utility companies and the town
engineer shall be promptly notified of any such action and such permittee, at his own expense, shall
immediately replace such street or street right-of-way in as good condition as before such excavation.
19-10 Penalty for violations.
In addition to all other remedies available under this Code or state law, any violation of this chapter shall
be subject to abatement as a public nuisance. All costs relating to the enforcement of this chapter shall be
borne by and recoverable from the person in violation thereof.
SECTION 3. Chapter 19A of the Tiburon Municipal Code is hereby added to the Tiburon
Municipal Code,to read as follows:
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Chapter 19A
Use of Public Right-of-Way
Sections:
19A-010 Purpose; authority
19A-020 Definitions
19A-030 Agreement required
19A-040 Exemptions; Existing agreements
19A-050 Application
19A-060 Application-Fee
19A-070 Approval and execution of agreement
19A-080 Terms of agreement
19A-090 Amendment; application and determination
19A-100 Renewal; application and determination
19A-110 Right-of-way usage fee
19A-120 Security
19A-130 Use of facilities; change in use
19A-140 Transfer of agreement
19A-150 Nonexclusive use; limitations
19A-160 Facilities- Installation
19A-170 Facilities-Relocation; removal
19A-180 Facilities-Abandonment; removal
19A-190 Damage to facilities and public property
19A-200 Indemnification
19A-210 Insurance
19A-220 Timing of installations; special right-of-way restoration standards
19A-230 Violations; penalties;remedies
19A-240 Rights reserved to the Town
19A-250 Conflicts with other local laws
19A-260 Administrative Actions Appealable
19A-270 Severability
19A-010 Purpose; authority.
A. The public rights-of-way are unique public resources held in trust by the Town for the benefit of
the public. These physically limited resources require proper management by the Town to
maximize their efficiency and minimize the costs to the taxpayers, to protect against foreclosure
of future economic expansion because of premature exhaustion of the public rights-of-way, and to
minimize the inconvenience to and negative effects on the public from private uses of the public
rights-of-way.
B. Under applicable state and federal law including, but not limited to Section 253(c) of the
Telecommunications Act of 1996, the Town has the power to manage its public rights-of-way and
to obtain reasonable and fair compensation for its use. The Town recognizes that California
Public Utilities Code Sections 7901 and 7901.1 currently limit the Town's power to control use of
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the public rights-of-way by telephone companies as that term is used by such statutes, to time,
place and manner regulations. The provisions of this Chapter, including but not limited to the
provisions regarding the consideration, amendment, renewal, transfer and implementation of
right-of-way agreements, shall be applied to telephone companies in accordance with the
requirements of California Public Utilities Code Sections 7901 and 7901.1
C. The purpose of this Chapter is to serve and further the purposes identified above and to enable the
Town to treat similarly persons who are making a similar use of the Town's public rights-of-way.
19A-020 Definitions.
For purposes of carrying out the intent of this Chapter, the following words,phrases, and terms shall have
the meanings set forth herein unless a different meaning is clearly intended by the use and context of the
word,phrase or term.
A. "Engineer"means the Town Engineer or his designee.
B. "Facility"means any fiber optic, coaxial, or copper cable, telephone, telecommunications, electric
or other wire or line, oil, gas, or other pipeline, duct, conduit, cabinet, tunnel, vault, equipment,
drain,manhole, splice box, surface location,marker,pole structure, utility, or other appurtenance,
structure, property, or tangible thing owned, leased, operated, or licensed by a person and located
or proposed to be located in, upon,above,beneath, or across any public right-of-way.
C. "Licensee" means a person with whom the Town has executed a right-of-way agreement under
this Chapter or any lawful successor, transferee, or assignee of such person.
D. "Local agency"means a local public entity as defined by Government Code Section 54980(b).
E. "Right-of-way agreement" means the authorization granted by the Town to a person under this
Chapter giving the person a non-exclusive right to occupy certain space in, upon, above, beneath,
or across any public right-of-way for the purpose of providing a specified service.
F. "Person" means any person, business, firm, corporation, or other legal entity who places,
constructs, owns, controls, operates, manages, or uses any facility in, upon, above, beneath, or
across any public right-of-way.
G. "Public right-of-way"means the area in,upon, above,beneath, or across any Town-maintained
public street,road, lane, court, alley,boulevard, sidewalk,median,parkway,or easement for
vehicular travel, as defined in the Town road list. "Public right-of-way"does not include any
trail,pathway or lane used exclusively for pedestrian or bicycle use.
H. "Standard specifications" means the then current version of the standard specifications, standard
drawings, and uniform construction standards adopted by resolution of the Town Council.
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19A-030 Agreement required.
No person shall place, construct, own, control, operate, manage, or use any facility in, upon, above,
beneath, or across any public right-of-way without first obtaining a right-of-way agreement from the
Town for such purpose. A right-of-way agreement may authorize multiple facilities and facilities
constructed over a period of time. The execution of a right-of-way agreement shall not diminish,
abrogate, or otherwise affect a licensee's obligation to comply with any other applicable provision of this
Code or other Town ordinances or regulations, or state or federal law, including, but not limited to, the
following:
A. Any permit or authorization required for the privilege of transacting business within the Town as
required by the Code or ordinances of the Town.
B. Any permit, agreement, or authorization required in connection with activities in, upon, above,
beneath, or across the public right-of-way, including by way of example but not limitation, road
work,road excavation, use,removal and relocation of property within a road,or other road work.
C. Any permits or agreements for occupying any other property of the Town to which access is not
specifically granted by the right-of-way agreement including, without limitation, permits and
licenses for placing devices on or in poles, conduits, or other structures or facilities owned by the
Town or other governmental entities.
19A-040 Exemptions; existing agreements.
The right-of-way agreement requirement imposed by Section 19A-030 shall not apply to the following
persons or facilities:
A. Any person who is a party to an existing agreement or franchise with the Town that authorizes the
use of the public right-of-way, and which agreement or franchise is in full force and effect on the
effective date of this Chapter, shall not be subject to section 19A-030 until such time as the
existing agreement or franchise expires or is terminated. If an existing agreement or franchise for
use of the public right-of-way contains within it a provision for the renewal or extension of the
agreement or franchise, then the renewal or extension shall be negotiated and executed pursuant to
the terms of this Chapter.
B. Any facility the Engineer determines in writing (i) is an insignificant impact or encroachment on,
or use of the public right-of-way, and (ii) does not inconvenience or jeopardize the public's
continued use of the public right-of-way.
C. Any facility consisting of a single pole with attachments and appurtenant equipment provided that
the following conditions are met:
1. All appurtenant pedestals, cabinets and other equipment occupy less than fifty (50) square
feet of public right-of-way.
2. The total excavation for the pole and all appurtenant equipment and telecommunications
lines does not exceed two-hundred(200) linear feet of public right-of-way.
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D. Any facility temporarily placed in the public right-of-way for a period not to exceed one (1) year,
when such facility has been otherwise approved by the Engineer.
E. Any person who is a party to an existing cable television franchise agreement with the Town or an
existing cable television or telecommunications franchise agreement with the Marin
Telecommunications Agency.
F. Any person placing or constructing a facility in the public right-of-way pursuant to an
encroachment permit issued prior to the adoption of this Chapter.
Any person or facility exempted by this section from the right-of-way agreement
requirement, nonetheless shall obtain any and all encroachment, excavation or other
permits (including, but not limited to Design Review or a Use Permit) required by this
Code before commencing any work within a public right-of-way.
19A-050 Application
Application for a right-of-way agreement shall be in writing, shall be filed with the Engineer, and shall
contain the following information:
A. The name,mailing and email address,telephone number, and facsimile number of the applicant.
B. A detailed statement and description of the facilities proposed to be placed, constructed, owned,
controlled, operated, managed, or used by the applicant; the proposed location of the facilities; the
manner in which the applicant proposes to place, construct, own, control, operate, manage, or use
the facilities; the services provided by the facilities and the extent and manner in which existing or
future poles or other facilities of other persons will be used.
C. A detailed description and location map of the public rights-of-way or other public places within
which the applicant proposes or seeks authority to place, construct,own, control, operate,manage,
or use any facility; a detailed description and location map of the facilities to be installed in the
public right-of-way and any adjacent public or private facilities, or property; a detailed description
of the proposed traffic control plans and road repairs; and a construction schedule. The Engineer
may allow the applicant to provide a detailed description of the specific design of the facility and
the construction schedule to be submitted at the time an application for an encroachment permit is
filed.
D. Satisfactory evidence demonstrating the applicant's financial ability to construct, operate and
maintain the proposed facilities.
E. Copies of all licenses, permits, franchises, or other written authorizations received by the
applicant from the Federal Communications Commission, the California Public Utilities
Commission, or any other federal or state regulatory commission that are required for the
applicant to construct, operate or maintain the proposed facilities.
F. The Town may, at any time demand, and applicant shall provide within the time required
supplementary, additional or other information reasonably necessary to determine whether the
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requested right-of-way agreement should be granted under the criteria set forth in Section
19A.19A.070. Such information may include the completion of a standard questionnaire for
right-of-way users.
G. Documentation of compliance with the notice required under Section 19A-220.D.
19A-060 Application-Fee.
Each application for a right-of-way agreement shall be accompanied by payment to the Town of an
application fee in an amount determined by the Town necessary to pay all estimated expenses incurred by
the Town. in connection with the processing of such application and the execution of a right-of-way
agreement, including any expenses incurred by the Town for outside technical or legal services to review
such application or agreement. In the event the Town subsequently determines the initial application fee
is insufficient to pay for all expenses, it may require the applicant to pay an additional application fee in
an amount sufficient to cover the additional estimated expenses. No portion of the application fee shall
be considered a tax, compensation or revenue due to the Town under this Chapter or Code, or any other
local, state or federal law for use of the public right-of-way.
19A-070 Approval and execution of agreement.
A. Upon receipt of an application for a right-of-way agreement which is determined to be complete
by the Engineer, the Town Council shall consider the application and may, by resolution or
ordinance, grant or deny the requested right-of-way agreement. If the right-of-way agreement is
granted, the application submitted shall constitute and form part of the right-of-way agreement as
executed to the extent not inconsistent therewith. If the application is denied, the resolution shall
include the reasons for denial. The decision of the Town Council shall be final.
B. In considering whether to grant or deny a requested right-of-way agreement, the Town Council
shall apply the following criteria:
1. The applicant's ability to install, maintain and operate the facilities described in the
application in a safe,proper and lawful manner.
2. The capacity of the public rights-of-way identified in the application to accommodate the
applicant's proposed facilities and any foreseeable additional facilities of the applicant or
other licensees which may need to be accommodated.
3. The Town's future plans for the affected public rights-of-way.
4. Whether any damage or disruption of public or private facilities, improvements, service or
landscaping by the proposed use or its proposed location will occur.
5. Whether the public's right to use the public rights-of-way will be unreasonably interfered
with or disrupted.
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6. The availability of alternative routes or locations for the applicant's proposed facilities that
will avoid or mitigate any adverse impacts potentially related to the proposed route or
location.
7. Any licenses, permits, or franchises received by the applicant from the Federal
Communications Commission, the C alifornia Public Utilities Commission, or any other
federal or state regulatory commission or agency affecting the applicant's ability to install,
maintain and operate the proposed facilities.
C. If the right-of-way agreement is approved, the right-of-way agreement shall not be effective
unless and until the Town and the licensee have executed a written right-of-way agreement that
contains, at a minimum, the following:
1. The purpose, nature and specific uses of the facilities to be installed in the public right-of-
way pursuant to the right-of-way agreement.
2. The right of the Town to audit the licensee to ensure such purposes and uses have not been
violated.
3. The terms and conditions for licensee's use of the public right-of-way, including all
conditions imposed by the Town Council in its approval of the right-of-way agreement.
4. The right-of-way usage fee, if any, or the methodology for determining the fee to be paid
to the Town by licensee pursuant to section 19A.-110. The Town may refuse to enter into
a license agreement with any proposed licensee who fails to agree to pay the right-of-way
usage fee established by the Town.
5. The permittee's responsibility to relocate the facilities at the permittee's expense upon
receiving a written request from the Engineer within 180 days of receiving said request.
6. Incorporation of the provisions of this Chapter.
7. Any other p rovision d etermined t o b e n ecessary o r p rudent b y t he T own t o further t he
purposes and comply with the requirements of this Chapter.
D. The approval and execution of a right-of-way agreement shall not exempt the licensee from
obtaining any encroachment or excavation p ermits otherwise required by this Code, including,
without limitation, Chapter 19. No work shall be performed by any licensee in the public right-of-
way before all required encroachment and excavation permits are granted or issued for the work.
E. The Town Council may delegate its power to approve or deny an application for a right-of-way
agreement under this section and its power to amend or renew an agreement under Sections 19A-
090 and 19A-100 to the Engineer. The Engineer shall exercise such power in accordance with the
provisions of Sections 19A-070, 19A-090 and 19A-100 except that the Engineer's decision shall
be in the form of a written statement. The Engineer's decision may be appealed to the Town
Council pursuant to Section 19A-260.
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19A-080 Term of agreement.
A right-of-way agreement executed under this Chapter shall be valid for the period of time stated in the
agreement.
19A-090 Amendment; application and determination.
A licensee may apply to amend its right-of-way agreement to revise the right-of-way within which the
licensee proposes to place, construct, own, control, operate, manage, or use its facilities, as long as the
type of facilities and the use of such facilities is already authorized by the licensee's existing right-of-way
agreement. The amendment application shall contain the information required under section 19A-050,
and shall be accompanied by the application fee specified in section 19A-060. Upon receipt of a
completed amendment application, the Town Council shall, by resolution or ordinance, approve or deny
the amendment application in whole, in part, or with additional conditions, applying the following
criteria:
A. The criteria set forth in section 19A-070.
B. The applicant's history and current compliance with any applicable right-of-way agreement, this
Chapter,or any other applicable local, state or federal law,regulation, or policy.
C. The capacity of the roads, alleys, or other public rights-of-way identified in the amendment
application to accommodate the applicant's facilities and uses of the public right-of-way.
19A-100 Renewal; application and determination.
A licensee that desires to renew its right-of-way agreement may rile an application with the Town for
renewal, not more than one (1) year nor less than one hundred and eighty(180) days before expiration of
its current right-of-way agreement. The renewal application shall contain the information required under
section 19A-050, and shall be accompanied by the application fee specified in section 19A-060. Upon
receipt of a completed renewal application, the Town Council shall, by resolution or ordinance, grant or
deny the renewal application in whole, in part, or with additional conditions, applying the following
criteria:
A. The criteria set forth in section 19A-070.
B. The applicant's history and current compliance with any applicable right-of-way agreement, this
Chapter, or any other applicable local, state or federal law, regulation, or policy.
C. The continuing capacity of the roads, alleys, or other public rights-of-way identified in the
renewal application to accommodate the applicant's facilities and uses of the public right-of-way.
19A-110 Right-of-way usage fee.
Each right-of-way agreement granted under this Chapter is subject to the Town's right,which is expressly
reserved, to fix a fair and reasonable compensation to be paid by licensee for the rights granted in the
-fight-of-way agreement. The right-of-way agreement shall specify the amount of compensation to be
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paid by the licensee for the use of the Town's right-of-way and the other privileges granted by the
agreement. Compensation may be in the form of cash payments, in-kind contributions or other benefits
of value paid or provided to the Town by the licensee or any combination of the foregoing. This usage
fee shall be waived for right-of-way agreements approved and executed for right-of-way uses governed
by the Broughton Act (Cal. Pub. Util. Code Sections 6001 et seg.), the Franchise Act of 1937 (Cal. Pub.
Util. Code Sections 6201 et SeMc.), Section 7901 of the Public Utilities C ode, or Section 10101 of the
Public Utilities Code. To receive a waiver, the applicant shall submit information to indicate its use is
governed by one of the preceding statutes.
19A-120 Security.
A. Prior to the issuance of any permit for construction in the public right-of-way, the Engineer may
require licensee to deliver to the Town satisfactory security in the amount of one hundred and ten
percent (110%) of the total estimated cost of all work to be performed under such permit, as
determined by the Engineer. Such security shall consist of an irrevocable letter of credit, cash
deposit, or performance bond as determined by the Engineer. The security shall be provided in
the manner required by the Engineer and maintained in full force and effect until the permitted
work in the public right-of-way is completed to the satisfaction of the Engineer,at which time the
amount of the security shall be reduced to ten percent (10%) of the actual cost of the work. The
reduced security shall be maintained by licensee for a period of one year as a guarantee that the
work i s o f good q uality and free from any d efective o r f aulty in aterial or w orkmanship. A ny
surety supplying a performance bond must be an "admitted surety insurer," as defined in Section
995.120 of the Code of Civil Procedure, authorized to do business in the State of California.
Return of the security shall be conditioned upon licensee's faithful performance of all work in the
public right-of-way specified in the applicable permit. In the event licensee fails to comply with
any provisions of this Chapter related to such work, or any provision of any applicable right-of-
way agreement or permit, or other approval related to such work, any damages or loss suffered by
the Town as a result thereof shall be recoverable from the security, including but not limited to the
full amount of any compensation, indemnification, cost of removal, or abandonment of any
property of licensee, plus reasonable attorneys' fees and costs up to the full amount of the
security.
B. Neither the provisions of this section nor any damages recovered by the Town hereunder shall be
construed to excuse licensee's faithful performance of any r ight-o f-way agreement or limit the
liability or damages of licensee under this Chapter, either to the full amount of the security or
otherwise. In addition to its rights to take action under the security, the Town may pursue any
other remedy provided by law.
19A-130 Use of facilities; change in use.
Licensee's facilities shall be placed, constructed, owned, controlled, operated, managed, and used solely
and exclusively for the purposes and uses expressly set forth in licensee's right-of-way agreement.
Licensee shall not in any way use, or authorize or allow another person to use, any facility subject to
licensee's right-of-way agreement for any purpose or use other than the purposes and uses expressly set
forth in the right-of-way agreement.
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19A-140 Transfer of agreement or facilities.
Except as otherwise may be provided in a right-of-way agreement, licensee shall provide the Town with
thirty (30) days prior written notice of any proposed assignment or transfer of a right-of-way agreement
or any facility permitted under such agreement. An assignment or transfer shall not be effective until the
assignee or transferee agrees in writing to comply with and be subject to all terms and conditions of such
agreement and this Chapter. Notwithstanding such assignment or transfer, licensee shall remain liable for
any outstanding obligations or liabilities incurred by licensee prior to such assignment or transfer.
19A-150 Nonexclusive use; limitations.
A. Any right-of-way agreement shall be for the nonexclusive use of the public right-of-way. By
executing a right-of-way agreement, the Town does not agree to restrict the number of right-of-
way agreements to be executed that cover all or any part of the Town for any person in the same
business, a related business,or a competing business as the licensee.
B. A right-of-way agreement only authorizes licensee to use the public right-of-way specifically
described in one or more encroachment permits issued by the Town, and the use of any other
public property, whether located within or outside a public right-of-way, is strictly prohibited
unless authorized by a separate agreement with the Town.
C. No reference herein, nor in any right-of-way agreement, shall be deemed to be a representation or
guarantee by the Town that its interest or other right to control the use of the property that is the
subject of a right-of-way agreement is sufficient to permit its use for the purposes specified in the
agreement. Any right-of-way agreement shall be deemed to grant no more than the rights which
the Town may have the authority to grant.
D. Any privilege claimed by licensee in any public right-of-way shall be subordinate to any prior
lawful occupancy or use of the public right-of-way.
E. Licensee shall have no recourse whatsoever against the Town for any loss, cost, expense, or
damage arising out of any provision or requirement of this Chapter or of any right-of-way
agreement executed under this Chapter or because of its enforcement.
19A-160 Facilities -Installation.
A. Conformance with Applicable Law. No person shall place, construct, own, control,operate,
manage, or use any facility in, upon, above,beneath, or across any public right-of-way without
first obtaining all necessary or required permits, agreements, or approvals from the Town and all
other governmental entities with jurisdiction over the facility or public right-of-way. All facilities
shall be placed, installed or constructed and the right-of-way restored in accordance with the
standard specifications adopted by resolution of the Town Council and any applicable special
conditions or provisions imposed by the Town Council or Engineer. All facilities shall be
maintained in compliance with such permits, agreements;or approvals, and all applicable statutes,
ordinances, rules,regulations, orders, and decisions issued by any federal, state, or local
governmental body, agency, or court.
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B. Time, Place and Manner. All facilities shall be located, constructed,operated,and maintained in
the time,place and manner that cause the least interference with the public's use of the public
right-of-way, as determined by and approved by the Engineer.
C. Key Map and Detailed Improvement Plan. Every person subject to this Chapter shall cause a key
map and detailed improvement plan to be prepared and filed with the Engineer for review as part
of its application for an encroachment permit which show all facilities to be located in the public
rights-of-way, including the material of construction and horizontal and vertical locations with
respect to the property lines and grade lines,existing utilities and all other pertinent facilities and
information required by the Engineer. Unless exempted by state law,the key map and detailed
improvement plan shall be prepared by a California registered professional civil engineer.
Revisions shall be made to reflect comments of the Engineer prior to the issuance of any
encroachment permit. Prior to requesting the issuance of an encroachment permit for installation
of any facility,the key map and detailed improvement plan shall be filed by the applicant with any
other entity that owns, operates, or manages facilities in the affected right-of-way, so that such
entities may advise the Engineer as to any location, operation,or compatibility problems created
by the applicant's proposed use of the right-of-way.
D. Disclosure. Upon the request of any person who has contracted to perform work on a public
right-of-way,persons.subject to this Chapter shall provide accurate detailed information regarding
the location of their existing and proposed facilities in the public right-of-way.
E. Undergrounding. In those areas and portions of the Town where the transmission or distribution
facilities of persons providing telephone service, cable service, or electric service are
underground, all other facilities shall be constructed, operated, and maintained underground. In
the event the applicant's facilities are included within any Town Undergrounding district area, the
applicant shall underground such facilities at applicant's own cost, unless specifically excepted in
the resolution declaring the designated area an underground utility district.
F. Pole Attachments. Where existing poles or other wire-holding structures are available for use, the
Town Council may require such poles and structures to be used if the Board determines that the
public convenience would be enhanced by such installation, and the terms of the use are just and
reasonable.
G. Above Ground Installations. Installations of any above ground equipment pursuant to a right-of-
way agreement entered into pursuant to this Chapter, such as amplifiers and cabinet boxes, shall
be subject to the prior approval of the Engineer.
19A-170 Facilities -Relocation; removal.
Every person subject to this Chapter shall, at its expense, protect, support, temporarily disconnect,
relocate o r r emove f rom a ny p ublic r ight-of-way, a ny f acility o wned, o perated o r in aintained b y s uch
person when required by the Engineer due to the use of the right-of-way by any federal, state or local
agency.
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19A-180 Facilities -Abandonment; removal
A. Notice of Removal. In the event the use of any facility is discontinued for any reason for a
continuous period of six (6) months, or in the event any facility has been installed in any public
right-of-way without complying with the requirements of this Chapter, or in the event the required
right-of-way agreement is terminated or expires, the licensee of each facility shall promptly, upon
being given prior written notice, remove from the public right-of-way all such facilities within the
time p eriod s pecified b y t he n otice, o ther t han a ny f acilities w hich t he E ngineer p ermits t o b e
abandoned in place. In the event of such removal, the area from which such facility has been
removed shall be promptly restored pursuant to an encroachment permit granted by the Engineer
and in conformance with the standard specifications and any applicable special conditions or
provisions. For the purposes of this Section, "abandoned" means that the licensee ceases to use
the facility and intends to never use the facility again.
B. Abandonment. Any facility remaining in place one hundred and twenty(120)days after the
delivery of the notice set forth in this section shall be considered permanently abandoned. The
Engineer may extend such time as may be necessary under the circumstances. Any facility
abandoned in place in the public right-of-way shall be abandoned in such manner as the Engineer
shall prescribe. Upon permanent abandonment,the facility shall become that of the Town and the
licensee of such facility shall submit to the Engineer an instrument in writing, to be approved by
the Town Attorney, transferring ownership of the facility to the Town. Instead of accepting a
facility as being abandoned pursuant to this subsection(B), the Town in its sole discretion may
remove the facility at licensee's sole expense, and licensee shall promptly reimburse the Town for
the costs of such removal within thirty(30) days after receiving an invoice from the Town.
19A-190 Damage to facilities and public property.
Any damage done directly or indirectly to any public right-of-way or other public property or
improvement, by any person subject to the Chapter, shall be promptly repaired, at the person's sole cost
and expense, to the complete satisfaction of the Town. Alternatively, the Town may, in its sole
discretion, choose to perform the repair work itself, in which case the responsible person shall reimburse
the Town for the full costs of the repair work within thirty (30) days after receiving an invoice from the
Town.
19A-200 Indemnification.
Every licensee shall indemnify, defend and hold harmless the Town, its officials, agents, employees and
volunteers against any and all liabilities, losses, claims, actions, causes of action or demands whatsoever
against any of them, including any injury to or death of any person or damage to property or other
liability of any nature, including but not limited to attorneys' and expert fees and court costs, arising out
of or connected with the performance of a right-of-way agreement, the installation and maintenance of
any facilities or the use of any public right-of-way by licensee or licensee's employees, officers, officials,
agents, transferees, contractors or subcontractors. This obligation to indemnify the Town under this
section shall not apply to any liabilities, losses, claims, actions, causes of action or demands arising from
Town's sole negligence, willful misconduct or criminal acts.
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19A-210 Insurance.
Every licensee shall procure and maintain a policy of general liability insurance to insure such person and
the Town against all liability for personal injury, including accidental death, as well as claims for
property damage which may arise from or which concern the activities of the person or the existence of
the person's facilities in the public right-of-way. The Town shall be covered as a primary insured by said
policy. The amount of such insurance and any other insurance requirements shall be as provided in the
right-of-way agreement and shall be subject to the review and approval of the Town Attorney.
19A-220 Timing of Installations; Special Right-of-Way Restoration Standards.
A. No excavation shall be permitted in any public right-of-way that was constructed or resurfaced
during the five(5) year period prior to the proposed excavation. This prohibition shall not apply
to emergency excavations approved by the Engineer. A proposed excavation shall be considered
an emergency if it is necessary to repair or replace underground facilities in order to prevent a
disruption of services to customers or prevent injury or damage to life or property. This
prohibition also shall not apply to excavations required to provide essential utility services to a
property where there are no other reasonable means of providing such services to the property or
where the work is mandated by state or federal laws or orders and the excavation cannot be
reasonably avoided as determined in both events by the Engineer. In the event of an excavation
permitted by this subsection(A), the affected right-of-way shall be restored in accordance with the
right-of-way restoration standards approved by resolution of the Town Council.
B. The special right-of-way restoration standards described in subsection(A) above also shall apply
to the excavation of right-of-way that has been constructed or resurfaced more than five(5) years
before the proposed excavation,provided that the right-of-way has a Pavement Condition Index of
70 or higher as described in the Town's Pavement Management Program.
C. On an annual basis, the Town and each utility or other user of the public rights-of-way shall
coordinate their current year and to the extent practicable their five year capital improvement
programs for public right-of-way installations in order to reduce the number of excavations that
occur. Such coordination shall occur annually at the time and in the manner specified by the
Engineer. The Engineer may submit an annual report to the Town Council on the results of this
coordination process. This report may include recommendations on the timing of Town right-of-
way projects to accommodate road projects planned by utilities or other users of the public right-
of-way.
D. Prior to submitting an application for a right-of-way agreement,the applicant shall notify in
writing, on a form approved by the Town, other existing or potential right of way users who are
shown on the list of users maintained by the Town. The notice shall describe the work to be
performed, the specific right-of-way that will be used, and the time when such work will be
performed. All persons receiving such notice shall have thirty(30)days from the date thereof to
inform in writing the Town and applicant sending the notice that such person desires to perform
work jointly with the applicant. All work jointly performed by other persons shall be performed
pursuant to right-of way agreements, encroachment permits and excavation permits. The failure
to timely respond to the notice and timely obtain any required right-of-way agreement and permits
before the proposed work commences shall result in the person receiving the notice being
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prohibited from working in the designated right-of-way for a period of one year from the date that
the excavation work has been completed and the right-of-way has been restored to the satisfaction
of the Town. This subsection D shall apply only to work that involves excavation in the public
right-of-way. Excavation includes,but is not limited to,trenching and subterranean boring.
19A-230 Violations; penalties; remedies.
A. Criminal Penalties. Any person who violates any provision of this Chapter shall be guilty of a
misdemeanor, unless the violation is charged as an infraction.
B. Termination. If a licensee breaches a right-of-way agreement, the Town may, following
reasonable notice, an opportunity to cure, and a hearing, terminate the right-of-way agreement or
reduce the term of the agreement.
C. Cumulative Remedies. The remedies under this section are non-exclusive and cumulative, and
shall be in addition to any other remedy the Town may have at law. Without limiting the
foregoing, in the discretion of the Engineer, violations of this Chapter may also be prosecuted
pursuant to Chapter 31 of the Municipal Code.
19A-240 Rights reserved to the Town.
A. Nothing in this Chapter shall contract away,modify, abridge, impair, or affect, in any way, to any
extent, the right of the Town to acquire any facility located in the public right-of-way through the
exercise of the right of eminent domain.
B. There is reserved to the Town every right and power which the Town has under any local, state or
federal law, and every person subject to this Chapter, by its use of the public right-of-way, agrees
to comply with any actions or requirements of the Town in its exercise of such rights or powers.
C. Neither the execution of a right-of-way agreement nor any provisions of this Chapter shall
constitute a waiver or bar the exercise of any governmental right or power of the Town, including
the Town 's authority to make any proper public use of the public right-of-way.
D. The Town Council and the Engineer may do all things which are necessary and convenient in the
exercise of the Town's jurisdiction under this Chapter.
E. The Town shall have the right to supervise all construction or installation work performed subject
to the provisions of this Chapter and make such inspections as it finds necessary to ensure
compliance with the terms of this Chapter, a right-of-way agreement, an encroachment or
excavation permit or any other local, state,or federal law,regulation,permit,or standard.
19A-250 Conflicts with other laws.
In the event of any conflict between the provisions of Chapter 19 of this Code and this Chapter, the more
stringent provisions shall control.
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19A-260 Administrative Actions Appealable
Any person aggrieved by any determination, interpretation, decision, conclusion, decree, judgment or
similar action taken by any administrative personnel under the provisions of this chapter may appeal the
action to the Town Council.
Appeals of administrative citations shall be filed and processed pursuant to Chapter 31, article IV. All
other appeals shall be addressed to the Town Council, in writing, and shall follow the procedure set forth
in Chapter 16, section 16-3.08, except that any appeal shall be filed in the office of the Town Council not
later than 5:00 PM of the fifth working day following the date of the action from which an appeal is
taken. Appeals shall be accompanied by the filing fee as specified in then-current Town policy or
resolution governing appeals from administrative decisions.
Upon r eceipt o f a n appeal t he T own C ouncil s hall h old a h earing within 6 0 d ays from r eceipt of t he
appeal and give the applicant notice thereof by registered or certified mail addressed to the applicant at
the address shown on the application. At the conclusion of the hearing, the Town Council shall render a
decision,which decision shall be final.
SECTION 4 SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a
court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining
portions of this chapter. The Town Council declares that it would have passed this chapter and each
section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more
section, sentences, clauses or phrases be declared invalid.
SECTION 5 EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty days after the date of passage, and before
the expiration of fifteen (15)days after passage by the Town Council. At least five days prior to its
adoption and within fifteen days after its adoption, a summary of this Ordinance, the latter summary to
include the names of those Town Council members voting for and against the Ordinance, shall be
published once in a newspaper of general circulation printed and published in the County of Marin and
circulated in the Town of Tiburon. At the time of the publication of each summary, the Town shall post
in the Office of the Town Clerk a copy of the full text of this Ordinance in compliance with Government
Code Section 39633(c)(1).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon,
held on the 19th day of October,2005,by the following vote:
AYES: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
MILES BERGER, MAYOR
TOWN OF TIBURON
&Administration/Town Council/Ordinances/Encroachment Ord.Adopted 10-19-05—Effective November 18,2005
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ATTES-
DIANECRANE IACOPI, TOWN CLERK
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Page 18 of 18
Town Council Meeting
TOWN OF TIBURON August 16,2017
1505 Tiburon Boulevard
Tiburon,CA 94920 Agenda Item: Al
STAFF PO .
To: Mayor and Members of the Town Council
From: Lea Stefani, Town Clerk
Subject: Recqyids Retention& Electronic Correspondence Policies
Reviewed By:
BACKGROUND
The three proposed policies below are the Social Media Communications Policy (Exhibit 1),
Records Retention Policy (Exhibit 2) and Use of Personal Accounts and Electronic Devices for
Official Town Business Policy (Exhibit 3). These policies substantially relate to ensuring legal
compliance with records retention and the creation and maintenance of electronic records, non
records and correspondence.
The policies outline efficient Town procedures to ensure retention and destruction of records,
quick and accurate response to California Public Records Act and Freedom of Information Act
requests, and to make certain all electronic correspondence that does constitute a record is readily
accessible.
Social Media Communications
The Town of Tiburon recognizes the purpose and benefit of utilizing social media for community
engagement,but also recognizes the risks of exposure to liability and the expenditure of staff time
spent ensuring the accuracy of information published. The purpose of this policy is to outline
guidelines for conducting Town business on Town social media accounts. The policy also
prohibits Town employee use of personal social media accounts to conduct Town business. The
policy does not impose significant restrictions on Town elected and appointed official use of
personal social media accounts. At this time, there are no established Town of Tiburon social
media sites. The policy gives the Town Manager the authority to establish a site, and appoint
Social Media Lead(s) to maintain the site.
Records Retention
The purpose of this policy is to provide guidelines to Town staff about the retention and disposal
of Town records, to set various staff duties in the process of retaining and destroying records in
the normal course of business, and to ensure compliance with legal and regulatory requirements.
Effective records management is reliant on efficient and accurate retention and destruction in a
timely manner, and the principle that records should only be kept as long as there is
administrative, fiscal, legal or archival value. Records retained incorrectly or beyond their
PAGE 1 OF 4
TOWN OF TIBURON
retention period can be cumbersome to staff, create excessive exposure to liability and delay
response times to Public Records Act requests.
This policy largely reflects current Town practices, and the policy further provides for employees
to operate according to the departmental Records Retention Schedules already in use. A variation
from regular Town practice in the proposed policy is the automatic deletion of Town emails from
inboxes and Town servers after a period of six (6) months. If adopted, this policy will require
staff to maintain their email inboxes, and file any emails that constitute a record on the Town
servers in an appropriate subject matter file, or in an appropriate paper file.
Personal Accounts and Devices
This policy outlines the permissible use of personal accounts and electronic devices to conduct
Town business. The policy requires all Town business to be conducted on the Town domain and
Town-owned electronic devices, and prohibits the use of personal accounts or devices by Town
staff and elected and appointed officials. Several exceptions and solutions are outlined below.
Successful implementation of this policy will allow Town staff to fully and efficiently respond to
all requests for public documents and relevant correspondence.
POLICY CONSIDERATIONS
Social Media
Employee Personal Social Media. The Social Media Policy prohibits employees from using
personal social media accounts to represent the Town or conduct Town business and from using
their Town-issued email address to create a personal social media page.
Management and Content. The Town Manager has the authority to establish a Town-operated
social media site, and the Town Manager will appoint a"Social Media Lead" to maintain the site.
The Social Media Lead(s) will ensure any messages posted on the social media site remain
consistent with the Town branding and message. The Social Media Lead(s) will be responsible
for posting and daily monitoring of content. The Town of Tiburon website remains to be the
primary source of internet communication and required postings.
Comment and Response. Social media comment threads on Town postings are not intended to be
a general public forum, and furthermore, the comment section of any social media post may not
be used to formally submit claims against the Town or formal complaints. Social Media Lead(s)
will monitor comment sections of postings daily and inappropriate or profane comments will be
deleted with the Town Attorney's approval. Comments will not be removed on the sole basis of
criticisms of staff, the Town or its officials, or if the Town does not agree with the content. All
comments will be filed consistent with the California Public Records Act, which will then be
subject to request and disclosure. Social Media Leads will have the authority to reply to
comments, but will use judgement in which, if any, comments to reply to.
Records Retention
Destruction and Maintenance of Records. Each Town department is required to maintain and
destroy records according to the Town's Records Retention Schedule. Town department heads
must authorize the destruction of any records kept within their department, even if the destruction
occurs in accordance with the Retention Schedule. All requests for destruction will be routed
through the Town Clerk to ensure compliance with the Records Retention Schedule and the Town
Attorney to ensure there is no pending litigation.
In the normal course of retaining and destroying records, employees should consider if a record is
listed in the Records Retention Schedule, if their department is the primary office of record, or if
the record is a non-record or transitory draft that does not need to be retained. It is the duty of
each department to maintain and conduct a records inventory to ensure that each department is
aware of the records in its possession, and to keep up with regularly scheduled destruction of
records past their retention period.
While this policy largely reflects current Town practices already in place, there is now a
distinction between "destruction" and "conversion" of records. Employees may request
destruction of paper records prior to the end of their retention period, as long as the records have
been appropriately digitally reproduced. Because the record is retained digitally, employees must
only seek Department Head approval for the conversion of records.
Email Retention. Town email and email systems are intended to be a medium of communication
only, and Town email systems may not be used for electronic storage of records. Any emails or
attachments received that constitute a retainable record should be filed in the appropriate subject
matter folder, and deleted from the Town's email system. Emails older than 6 months will be
automatically deleted on an ongoing basis. This policy will ensure any retainable records received
via email will be retained correctly, and will be accessible should a request for those records be
received at any time. Emails that are not made or retained for the purpose of preserving
informational content for future reference (transitory records) can be deleted when they are no
longer needed without filing.
Use of Personal Accounts and Personal Devices for Town Business
The proposed policy states that no personal accounts or electronic devices should be used to
conduct Town business. All Town business will be conducted on the Town-issued email address
(your-namentownoftiburon.or T), and all correspondence to elected or appointed officials from
Town staff relating to Town business will be sent to this email address.
Correspondence or records on personal devices and accounts that substantively relate to Town
business are subject to disclosure of a California Public Records Act or Freedom of Information
Act request. Any elected or appointed official or staff member that uses their personal account or
device to conduct Town business should have no expectation of privacy if that individual is
retaining responsive records in their account or device.
If a request for public records is received, and an individual has responsive records on their
personal device or accounts, the policy will require that individual to search for and provide the
responsive records, and execute an affidavit stating that they conducted an appropriate search of
their account or device.
Exceptions. Emails may be sent from personal devices, as long as those emails are sent from the
Town domain (your-name[a townoftiburon.ory). Any emails or text messages received or
exchanged on personal accounts should be forwarded to the Town email address, and deleted
from the personal account. If emails or text messages are exchanged on a personal account, the
Town employee or official should courtesy copy (cc) their Town email address on the
correspondence. This will ensure any disclosable documents or correspondence is accessible on
the Town server.
FINANCIAL IMPACT
There is no anticipated financial impact at this time.
RECOMMENDATIONS:
Staff recommends the Town Council:
1. Consider approval and move to adopt Social Media Communications Policy
2. Consider approval and move to adopt Records Retention Policy
3. Consider approval and move to adopt Use of Personal Accounts and Electronic Devices
for Official Town Business Policy
Exhibits:
1. (Proposed) Social Media Policy
2. (Proposed)Records Retention Policy
3. (Proposed) Use of Personal Accounts and Electronic Devices for Official Town Business
Policy
Prepared by: Lea Stefani,Town Clerk
TOWN OF TIBURON
• �`? 1505 Tiburon Boulevard
Tiburon,CA 94920
TOWN OF TIBURON
SOCIAL MEDIA COMMUNICATIONS POLICY
I. Purpose
The Town of Tiburon ("Town") recognizes that social media plays an increasingly
important role in society and communication. While Social Media presents many benefits such
as community engagement, it also presents certain risks of liability to the Town. This Social
Media Communications Policy ("Policy") establishes guidelines on the use of Social Media sites
by the Town and its Departments as a means of conveying Town-related information to the
public. This Policy also addresses lawful and proper parameters for Employees' personal use of
Social Media while employed by the Town. This Policy is intended to mitigate associated risks
from use of Social Media technology where possible.
The Town has an overriding interest and expectation in protecting the integrity, security,
and accuracy of information posted on any official Town or Department Social Media Pages, as
well as content that is attributed to the Town and its officials. All official Town and Department
Social Media Pages must comply with this Policy.
Although social media provides an interactive platform,the Town intends to create only a
limited public forum subject to the restrictions set forth in this Policy as well as any host Social
Media site's terms of use. All questions relating to this Policy should be directed to the Town
Social Media Lead.
II. Definitions
A. "Social Media" refers to interactive online platforms which enable users to create and
share content, and which may allow two-way communication between the Town and
the public. Examples of Social Media platforms include, but are not limited to:
Twitter, Facebook,Nextdoor, Youtube, Instagram, Mysidewalk, Medium, and
LinkedIn. These platforms can be accessed either through a web browser, a mobile
application, or both.
B. "Town Social Media Pages" means social media sites, pages, mobile applications,
services, or feeds established and maintained by an authorized Administrator or
Content Manager on behalf of the Town, and through which information is provided
to the general public. The Town currently does not have any approved official Social
Media Pages. No Social Media platforms are to be utilized without express
authorization from the Town Manager.
C. "Town Social Media Lead" refers to those Town Employees specifically authorized
by the Town Manager to create content or to Post or Comment on a Town Social
Media Page on behalf of the Town. The Town Social Media Lead only includes
individuals specifically designated by the Town Manager. Only Town Social Media
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1 EXHIBIT NO. A-
Leads may Post or Comment on behalf of the Town. Contractors, interns, volunteers
or any other Town Employees may not serve as Town Social Media Leads without
the express permission of the Town Manager. Town Social Media Leads must be
provided this Policy and sign the acknowledgement(Attachment A)prior to the
creation of any content.
D. "Employee," for the purposes of this Policy, includes Town Employees and those
acting at their direction, and Town contractors.
E. "Posts" or"Postings" or"Comment" or"Comments" means information, articles,
pictures, videos or any other form of content or communication displayed on a Town
or Department Social Media Page. Posts or Comments by members of the public on
any Town or Department Social Media Page are also governed by this Policy.
III. Policy for Personal use of Social Media
A. While Town Employees may voluntarily choose to engage with the Town on its
Social Media Pages, the Town does not encourage or require any Employee to
"follow" or "like" Town Social Media sites.
B. The Town does not condone the personal use by Town Employees of Social Media
sites during the workday by any means, including by using Town-owned equipment.
Town Employees have no right or expectation of privacy when using Town-issued
devices or systems. The Town reserves the right to monitor, search, or disclose
Employee use of Town resources.
C. Employees are reminded and cautioned that nothing posted on the internet is private.
Content can easily be shared, forwarded, and distributed to broader audiences without
your knowledge or permission.
D. Information posted on any Social Media site may be used as evidence in disciplinary,
administrative or legal proceedings.
E. Employees may not use their official Town email addresses to create or maintain any
personal social media page(s).
F. The personal use of social media by a Town Employee in a manner that violates any
Town policy or procedure will not be tolerated, and may be grounds for disciplinary
action, up to and including termination. Employees are expected to comply with the
same ethical and performance standards on-line as in the workplace. Using social
media in a way that adversely impacts the Employee's job, co-workers, or the Town
is prohibited.
G. An Employee's use of social media in a manner that violates the Town's policies and
procedures, including, but not limited to,the Town's workplace harassment,
discrimination, and retaliation policies, will not be tolerated, and may be grounds for
disciplinary action, up to and including termination.
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H. Employees may not post any content on the internet or social media that constitutes or
contains Town confidential,proprietary, privileged, private, personnel, or other non-
public information.
I. Town Employees are prohibited from using the Town logo or informal logo,
representing the Town, or representing that they speak on behalf of the Town.
Employees must also make clear in any on-line activity that the views and opinions
they express about work-related matters are their own, have not been reviewed by the
Town, and do not necessarily represent the views and opinions of the Town.
J. This policy is not intended to prohibit conduct permitted by Section 3502 of the
Meyers-Milias-Brown Act or any other state or federal law. Accordingly, Town
Employees are expressly permitted to discuss wages, hours, working conditions, and
union-related activity without fear of reprisal.
IV. Policy for Town Social Media Communications
A. The Town's official website is the Town's primary source and means of internet
communication. To the extent possible, a link to the Town's official website shall be
included on any Town Social Media Page. Wherever possible, Town Social Media
Pages should link back to the official Town website for forms, documents, online
services and other information necessary to conduct business with the Town.
Information posted by the Town on Social Media pages will supplement and not
replace required notices and standard methods of communication. Where
appropriate, content posted on Town Social Media Pages shall also be made available
on the Town's official website.
B. Not all forms of social media may be appropriate for use by the Town. Any Social
Media Page established on behalf of the Town must be approved by the Town
Manager. Consideration shall be given to the overall nature, theme and suitability for
use for Town purposes.
C. Town Social Media Pages should make clear that they are maintained by the Town
and state that they follow the Town's use of Social Media Policy and the host site's
terms of use.
D. Town Social Media Pages are Town property and are not for personal use or benefit.
E. Town Social Media sites shall bear the name of the Town. If feasible, Town Social
Media sites shall also bear the Town's official logo or informal logo as designated by
the Town's graphics standards. Town Social Media sites shall be consistent with the
Town branding and message. Wherever applicable, Town Social Media sites shall be
classified and registered with the service provider as "Official" and/or Government
Entity sites. The Social Media team shall take advantage of all options provided by
the service provider for Government Entity sites that provide additional protections
for the Town.
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F. To the greatest extent possible, this Policy must be displayed to users or made
available by hyperlink. At minimum,the terms of the Comment and Response
policy, below, must be included in the Town's profile information on the host site.
G. Photos and other images may be posted only when they are the property of the Town
or the owner has provided consent for use. All photos posted by the Town on its
Social Media Pages shall be for use in marketing and promotion of Town programs
and services. Under no circumstances will the Town use photos of individuals who
expressly ask that their photos not be made public or photos of children without the
express written consent of a parent or legal guardian.
H. Many social media sites allow the Town to "like" or"follow" other site users or to
share content posted by other site users. Express permission to like or follow any
entity, organization, or individual must be obtained from the Town Manager. Sharing
or re-posting content is permissible if relevant to Town business,programs, services,
or events and the Town has full permission or rights to do so; however, sharing or re-
posting political, social or religious material is prohibited.
I. Any content posted on a Town Social Media Page, including, but not limited to
Comments, deleted Posts, private messages, chats, and "likes"may be subject to the
California Public Records Act. Any content maintained in a social media format that
is related to Town business, posted communication, communication submitted for
posting, and removed content, may be a public record subject to public disclosure.
J. Town Social Media Leads who are authorized to post content on behalf of the Town
on its Social Media Pages must conduct themselves at all times as a professional
representative of the Town and in accordance with all Town policies.
V. Site Manalzement and Content
A. Before creating any new Town Social Media Page, the Town Manager shall work
with the Town Attorney to review the host site's contract, terms of use, rules and
regulations. Town Social Media Leads shall not execute or enter into a contract for
web services, internet applications, or any other document binding the Town, without
proper authorization and prior review of the contract by the Town Attorney. Clicking
a box marked"I agree" or"I accept" constitutes a binding electronic signature and
entering into a contract. Prior to clicking any such acceptance box, Employees must
first print out the contract, determine if they have sufficient authority to bind the
Town to such a contract, and submit it to the Town Attorney for review.
B. Town Departments and Boards may establish and maintain websites as well as new
social media sites but must receive approval from both the Director of the Department
and the Town Manager before they are posted.
C. All Town Social Media Pages must be established by using an official Town email
address. All log in and password information shall be maintained by the designated
Town Social Media Leads. The Town Manager is required to have full, complete and
immediate access to administer all aspects of Town Social Media sites. In addition,
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the Town's Department Directors shall concurrently maintain all log-in, password,
and other administrative credentials for all Town Social Media sites.
D. Before establishing new Town Social Media sites and pages, several factors must be
taken into account, including: (1) the objectives, goals, and intended audience of the
new social media site; (2) the ability of Social Media Leads to timely update and
maintain the social media site; and (3)the number of people likely to participate on
the social media site to warrant its creation.
E. The Town's Social Media Pages are to be used for informational purposes and all
content must pertain to the Town and/or Town business, programs, services or events.
Confidential, proprietary, privileged, private, personnel, or other non-public
information is not to be posted or discussed on any Town Social Media Page.
F. The Town shall have full permission and rights to any content posted by or on behalf
of the Town, including all articles, photographs and videos.
G. Town Social Media Pages shall be managed consistent with the Brown Act, the
Political Reform Act, and the California Election Code. Members of the Town
Council, Commissions, Boards, or any other elected/appointed officials or
committees, shall not post or respond to any Posts, Comments, or publications on any
Town Social Media Page, or use any Town Social Media Page to blog or engage in
meetings, or otherwise discuss, deliberate, or express opinions on any issue within the
subject matter jurisdiction of any such Town Council or Commission, or for any
political purpose.
H. No Town Employee or official may use any Town Social Media site for campaign-
related purposes. Such campaign-related purposes include, but are not limited to, the
following:
1. Statements in support or opposition to any candidate or ballot measure;
2. Requests for campaign funds or references to any solicitations of campaign
funds; or
3. References to the campaign schedule or activities of any candidate.
I. No Town Social Media site may be linked to any private web site related to a
candidate's campaign for elective office, but they may link directly to the Town
website's election-related pages where general election and candidate information can
be found.
J. All approved Social Media sites must provide a mechanism for the Employee to
remove Posts or prevent the Posting of content that violates this Policy.
K. The Town reserves the right to have any content restricted or removed if deemed to
be in violation of this Policy or any applicable federal, state, or local law. Any such
removed content must be retained consistent with the Public Records Act, where
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applicable, and/or the Town's document retention policy, including the date,time and
identity of the poster, when available.
L. Content in any post or response made on behalf of the Town shall not specifically
refer to any Town vendor, supplier, member, contractor, employee, or official without
the approval of the Town Manager.
M. Town Social Media Leads or Department Directors may recommend the termination
of any Town Social Media sites. The Town Manager must approve the termination of
all Town Social Media sites.
N. The Town Manager reserves the right to terminate any Town Social Media site at any
time, with or without notice, at his or her discretion.
VI. Social Media Leads
A. All Town Social Media sites must be assigned one or more Social Media Leads
responsible for monitoring the site.
B. Town Social Media Leads will be responsible for posting content on the Town's
Social Media Pages on behalf of the Town, monitoring content, responding to
Comments where appropriate, and ensuring adherence to this Policy.
C. Town Social Media Leads shall respond to staff requests for information to be posted
on Town Social Media sites within 72 hours of the request, when practicable.
D. The Town Manager may designate Social Media Leads responsible for monitoring
and coordinating Town Social Media sites across Town Departments.
E. Town Social Media Leads must review the Town's Social Media Pages on a daily
basis to ensure compliance with this Policy.
F. A list of Town Social Media sites and assigned Town Social Media Leads shall be
kept and reviewed on a biannual basis by the Town Manager or his/her designee.
G. Town Social Media Leads must immediately alert the Town Manager to any content
posted on the Town's Social Media Pages that potentially violates this Policy. Town
Social Media Leads shall not remove content from any Town Social Media Page
without consulting with the Town Manager and Town Attorney.
H. Content posted by Town Social Media Leads on the Town's Social Media Pages shall
be done during normal business hours. After-hours and weekend Postings of content
shall only be made with approval from the Town Manager.
I. Town Social Media Leads authorized to post content on the Town's Social Media
pages shall not express his or her own personal views or concerns. Rather, posting of
content by any authorized Town Social Media Leads shall only reflect the views of
the Town.
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J. Town Social Media Leads authorized to post on the Town's Social Media Pages shall
review, be familiar with, and comply with this Policy and the Social Media site's use
policies and terms and conditions.
K. Town Social Media Leads who leave their positions will have all access rights to
Town Social Media sites revoked.
VII. Comment and Response
A. Many social media sites permit and invite Posts and Comments by site users. By
permitting use of this feature, the Town does not intend to create a general public
forum, and all Comments and Posts must comply with this policy. In addition, most
social media platforms have their own terms of use and standards of conduct. All
content posted on a Town Social Media Page must comply with this Policy and any
host site user guidelines.
B. The Town's commenting policy, set forth below, must be displayed on any Town
Social Media site or page, or made available by hyperlink:
This is an official Social Media site for the Town. Anything you Post, including
Comments, deleted Posts, private messages, chats, and "likes" may be subject to
public disclosure under the California Public Records Act. All Postings on Town
Social Media sites shall be sent to an official Town email account and maintained
consistent with the California Public Records Act.
By participating on this Town Social Media site or page, you are agreeing to grant
the Town a non-exclusive, irrevocable, royalty-free license to any content posted,
including information, articles, pictures, videos, hyperlinks or any other form of
content, or communication posted on any other Town Social Media site.
Participants must honor intellectual property standards and must limit content to
that which is rightfully posted, including reproduced or borrowed content.
The Town intends for its use of any social media to relate solely to matters of
Town business, programs, services, activities, or events. A Comment or Post by a
member of the public on any Town Social Media Page is the opinion of the
commenter or poster only and does not imply endorsement of, agreement with, or
reflect the opinions or policies of the Town.
Town Social Media sites may not be used for the submission of any claim,
demand, informal or formal complaint, or any other form of legal and/or
administrative notice or process, or for the exhaustion of any legal and/or
administrative remedy.
The Town disclaims any liability for any loss or damage resulting from any
Comments posted on any Town Social Media site.
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C. All Posts or Comments on Town Social Media sites shall be monitored by Town
Social Media Leads.
D. The following Posts or Comments are inappropriate and are subject to removal or
restriction by the Town. The list is not necessarily exhaustive and the Town reserves
the right to remove or restrict any Post or Comment that violates the purpose or spirit
of this policy:
1. Comments not related to Town Posts, business, information, announcements,
and events, or Comments not related to the original topic, including random or
unintelligible Posts;
2. Profane, obscene, violent, or pornographic content and/or language;
3. Content that promotes, fosters, or perpetuates discrimination or harassment on
the basis of race, color, national origin, religious creed, ancestry, physical or
mental disability, medical condition, pregnancy, childbirth or related medical
condition, age, sexual orientation, sex, gender identity, gender expression,
genetic information, military or veteran status, marital status, or any other
basis protected by applicable state or federal law;
4. Defamatory content and/or language;
5. Threats to any person or organization, or hate speech;
6. Content or encouragement of illegal activity;
7. Information that tends to compromise the safety or security of Town
Employees, the public, public systems, or the Town's technology resources;
8. Content that violates any legal ownership interest, such as a copyright or
trademark;
9. Content that violates another person's right to privacy, including content
containing personal information, such as home addresses, phone numbers,
social security numbers, dates of birth or driver's license numbers;
10. Content that contains confidential or proprietary information;
11. Content containing false, vicious or malicious statements concerning any
employee, the Town, or its operations;
12. Any political, campaign or election content, including Comments in support
of or opposition to any political campaigns or ballot measures;
13. Solicitation of commerce, including any advertising or business services or
products for sale;
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14. Content that violates any federal, state or local laws.
E. The Town reserves the right to report a user directly to the host site if a Post,
Comment or other content by the user violates the host site's terms of use.
F. The Town reserves the right to deny access to Town Social Media sites or pages for
any individual who repeatedly violates the terms of this policy without notice.
G. No Post, Comment, or other content shall be removed solely because it is critical of
the Town, its' officials, Employees or programs, or because Town staff disagrees
with the viewpoint of the Comment, content or submittal.
H. Any Town Social Media Lead authorized to Post on the Town's Social Media Pages
shall use his or her best judgment in deciding whether or not to respond to a Post or
Comment, and shall avoid engaging any user in an argumentative or offensive
manner. Any Town Social Media Lead who encounters an inappropriate situation or
abuse by a user of the social media site shall immediately report the situation to the
Town Manager.
I. Any response by an authorized employee made on behalf of the Town shall comply
with all terms of this Policy. Furthermore, any opinion expressed on behalf of the
Town, on any Town Social Media site or page, is not a substitute for a formal
statement in a public hearing process.
J. Employees found in violation of this Policy may be subject to disciplinary action, up
to and including termination of employment.
K. Town elected and appointed officials are discouraged from engaging in conversations
in comment sections of Social Media platforms, particularly if the comments will lead
to a discussion by a majority of the members of a particular Town board or
decisionmaking body.
L. This policy may be revised at any time upon approval by the Town Manager. Every
attempt will be made to provide prior notice of any changes. However, when deemed
necessary in order to fully protect the Town's interests, the interests of the public and
Town Employees, and to more fully protect the safety of the public and public
systems, this policy may be changed without notice.
VIII. Measurement
A. Many Social Media sites generate data on use of the Social Media site by visitors and
participants. Collecting analytics on the use of Social Media sites is essential in
helping the Town determine how a Social Media site is used by the public, as well as
determining what kinds of information the public finds valuable and compelling.
B. All Town Social Media Leads shall have access to any analytics or site traffic
statistics available on all Town Social Media sites.
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C. All Town Social Media leads shall be educated on the use of analytics or site traffic
statistics available through various Social Media sites or platforms.
D. When possible, Town Social Media Leads shall generate reports on the use of Town
Social Media sites at the request of Town Department Directors.
IX. Advertising and Sponsored Content
A. Many Social Media sites feature promoted content (such as advertisements or
sponsored posts). Often, the owners of Social Media sites do not control what
promoted content is placed on its Social Media site or elsewhere on the Social Media
platform. The Town is not responsible for any third-party content, including
promoted content, which is placed on its Town Social Media sites or pages.
B. The Town may use advertising options available on its Town Social Media sites as a
part of public information outreach efforts or to promote Town programming and
events.
X. Exceptions
There are no exceptions to this Policy without the express authorization of the Town
Manager.
XI. Authority
By authority of the Town Manager.
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ATTACHMENT A
I have read and understood the Town of Tiburon's Social Media Policy, and I am aware
of the responsibility that comes with serving as a Town Social Media Lead.
Date:
I
SF#4834-6234-2724 Q
RECORDS RETENTION POLICY
TOWN OF TIBURON, CALIFORNIA
SF#4840-0943-8276 v5
EEXHIBIT N®•2-
TABLE OF CONTENTS
Page
Section1 — Purpose .................................................................................................. 1
Section2 — Definitions............................................................................................... 1
Section 3 — Ownership of Public Records ................................................................. 2
Section 4 — Responsibilities....................................................................................... 2
Section 5 — Maintaining Records............................................................................... 4
Section 6 — Records Inventory................................................................................... 5
Section 7 — Destruction of Public Records ................................................................ 6
Section 8 — Digital Reproductions or Scans............................................................... 7
Section 9 — Electronic Records Retention ................................................................. 7
SF#4840-0943-8276 v5
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Section 1 - Purpose.
The purpose of this policy is to provide guidelines to staff regarding the retention or disposal
of Town Records; provide for the identification, maintenance, safeguarding and disposal of
Records in the normal course of business; ensure prompt and accurate retrieval of Records;
and, ensure compliance with all legal and regulatory requirements.
Section 2 - Definitions.
The following words, terms, and phrases used in this program shall have the meanings
ascribed to them in this section, except where the context indicates a different meaning.
Words, terms and phrases which are not defined herein shall be as defined in a dictionary of
common use.
Archives means a repository for housing permanent or historic Records, (whether in paper,
microfilm, or electronic form) which should be protected or preserved.
Town Clerk means the Town Clerk or person designated by the Town Clerk.
Disposition means the allocation of Records to the selected location and storage, according to
their categorization, or for destruction.
Electronic Record means a Record stored on a hard drive, floppy disk, CD-Rom, server,
storage tape, or other electronic storage medium. It includes, but is not limited to, electronic
mail (e-mail), cell phone text messages, instant messages, documents drafted using work
processing software, digital images, digital audio, spreadsheets, and databases. Computer
programs, software or licensed proprietary applications are not electronic Records.
Inactive Record means any Record of a specific retention period, held for storage. It does not
include any Record which is permanent or historic in nature.
Public Record means any Record relating to the conduct of the public's business prepared,
owned, used, or retained by any state or local agency regardless of physical form or
characteristics, in accordance with Government Code Section 6252(e).)
Record means any handwritten, typewritten, printed, photostated, photographed,
photocopied, transmitted by electronic mail or facsimile, and every other means of recording
upon any tangible thing any form of communication or representation, including letters,words,
pictures, sounds, or symbols, or combinations thereof, and any record thereby created,
regardless of the manner in which the record has been stored. However, documents such as
rough notes, calculations or drafts assembled or created and used in the preparation or
analysis of other documents are transitory documents or drafts, and are, therefore, not
Records. Also, the following documents are not Records: unofficial copies of documents
SF#4840-0943-8276 0
2
kept only for convenience or reference, working papers, appointment logs, stocks of
publications and processed documents, library or museum material intended solely for
reference or exhibition.
Retention Schedule means the document describing the period of time established for Record
retention which must elapse before that type of Record may be destroyed.
Section 3 - Ownership of Public Records.
All Public Records are the property of the Town and shall be delivered by outgoing officials
and employees to the Town, including but not limited to contacts, phone numbers and
related documents. Records may only be removed or transported from Town property by
Town Employees, and not members of the public.
Section 4 - Responsibilities.
Town Council. The Town Council shall set Town policy for the keeping, producing,
copying, and management of all Records.
Town Attorney. It shall be the duty of the Town Attorney to review and approve department
retention and destruction schedules in accordance with federal, state, and local laws.
Town Clerk. It shall be the duty of the Town Clerk to oversee the implementation of this
Records Retention Policy for the Town. The Town Clerk shall:
A. Develop and circulate such instructions and regulations upon the review and
approval of the Town Attorney, as may be necessary and proper to
implement and maintain this Records Retention Policy;
B. Advise and assist Town departments in the preparation of records
inventories and retention schedules;
C. Advise and assist Town departments in reviewing and selecting Records to
be transferred to another location;
D. Advise and assist Town departments in conducting surveys, studies, and
investigations to promote a proper and efficient Records Retention Policy for
the Town;
E. Submit records retention schedules which affect the destruction of records to
the Town Council for approval; and
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F. Develop procedures for the protection of Town Records against natural or
other disasters, including an off premises set of all deeds, minutes and
agreements.
Town Departments. It shall be the duty of each head of a Town Department to follow this
Records Retention Policy. Town Department heads must authorize the destruction of any
Records kept by their department, even if the destruction occurs in accordance with the
Retention Schedule.
Records which are not required for the current operation of the department where Records
are made or kept shall be transferred to the off-site storage until they have met their
specific retention requirements and may be destroyed. All Records which are destroyed
shall be done in accordance with Section 7 herein.
All Town Officers and Employees. It shall be the duty of each officer and employee of the
Town to protect, preserve, store, transfer, destroy or otherwise dispose of, use and
manage Records only in accordance with applicable federal, state, or local law, and locally
approved rules.
Section 5 — Maintaining Records.
All Town Officers and Employees must consider the following factors in maintaining
Records:
A. Is this Record listed on the Retention Schedule? If the material in question is
identified on the Retention Schedule, Town Officers and Employees are
obligated to maintain the Record in accordance with the schedule.
B. Is my department the primary office of record? If another department is
responsible for originating or maintaining the Record, a department may
choose to keep it for a short time in a working file but there is no need to .
maintain duplicate files across departments.
C. How is this Record usually maintained? Some Records are primarily
stored as a paper Record, and some Records are primarily stored
electronically. Town Employees are obligated to follow the conventional
practices of maintaining the Record in question.
Even though Records include a broad spectrum of recorded information, not all information
held by the Town is a Record. Examples of non-records include the following types of
materials:
• Identical copies of documents maintained in the same file;
SF#4840-0943-8276 v5
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• Extra copies of printed or processed materials kept only for convenience or
reference;
• Superseded manuals and other directives (maintained outside the office of
record);
• Working papers, such as miscellaneous notices of community affairs,
employee meetings, holiday notices, Library and reference materials;
• Appointment logs;
• Notes or drafts assembled or created in the preparation of other documents;
worksheets, and rough drafts of letters, memoranda, or reports that do
not represent the basic steps involved in the preparation of the
communication;
• Catalogs, trade journals and other publications or papers received from
government agencies commercial firms or private institutions that require
no action and are not part of an action case record;
• Materials that have no substantial value, stocks of publications or blank
forms that are kept for supply purposes only; and
• E-mail communications not retained according to Section 9, such as Letters
of Transmittal and acknowledgements of receipt which do not add any
information to the material transmitted.
Non-records are considered transitory documents or drafts, and do not require retention
scheduling or destruction authorization or reporting. To control excessive accumulation, it
is necessary to keep only current, useful materials and to destroy non-records immediately
after needs have been satisfied. Town Officers and Employees should take care not to file
non-record material with Records.
Section 6 — Records Inventory.
A critical part of any records retention policy is the identification of existing Records. Each
Department needs to know what Records they have, where they are kept, and the volume
of Records that are being maintained. Each Department shall conduct a records inventory
every five (5) years to ensure that the Department is aware of all the documents in its
possession. The inventory should indicate the types of Records maintained, whether the
Records are in hard copy or electronic form, time period or years covered by the Records,
volume of Records in each category, and date Records are scheduled for destruction
pursuant to the Retention Schedule. All non-records should be destroyed in accordance
with this policy.
Section 7 - Destruction of Public Records.
There are several distinct periods in the lifecycle of a Record. They are commonly referred
to as the active period, inactive period, and final disposition period. The active period will
vary according to the Record, but is generally characterized as the time during which a
SF#4840-0943-8276 v5
5
Record that is used or referred to frequently during the course of business and should be
readily accessible. The inactive period is when the Record's regular use declines or ends;
however, the Record is still required to be held. The final disposition is generally the end of
the Record's life, at which point a final decision is made about disposition of the Record.
The procedures for the destruction of Public Records are set forth in California
Government Code Sections 34090 to 34090.7 and are explained in further detail herein.
However, the process for destruction of a Public Record does not apply to the following
Records:
A. Records affecting the title to real property or liens thereon;
B. Court records;
C. Records required to be kept by statute;
D. Records less than two years old (Department Heads may authorize the
destruction of duplicates of public records that are less than two years old,
and are no longer required in the course of Town business);
E. Minutes, ordinances, or resolutions of the Town Council or of a Town Board
or Commission.
All Records that are not permanent records should be destroyed once the Town has
retained them for the appropriate retention period. No Records shall be destroyed until
they have met the minimum retention period listed in the Retention Schedule, and
disposition has been approved following the process described herein.
Disposition Process
Town Employees can request authorization to destroy Records that are at the end of their
retention periods by completing the appropriate memorandum attached hereto. Once the
form is signed by the head of the Department, the memorandum must then be forwarded
to the Town Clerk for review to ensure compliance with the Retention Schedule. The
request is then forwarded to the Town Attorney for review to ensure the Records do not
need to be held due to an ongoing or pending investigation or litigation. When a paper
Record is slated for destruction because it has been retained for the appropriate period, its
electronic counterpart must also be destroyed as well.
Conversion Process
Town Employees may also request authorization to destroy paper Records that are not at
the end of their retention periods, but have been digitally reproduced in accordance with
SF#4840-0943-8276 v5
6
Section 8 herein (conversion). However, the Town Employee must indicate on the
memorandum, attached hereto, that the Record is subject to destruction because it has
been digitally reproduced. After appropriate completion of the memorandum, the form
must be signed by the head of the Department. Because the request pertains to a
conversion, the request does not require the Town Clerk or Town Attorney's review.
Section 8 - Digital Reproductions or Scans.
Notwithstanding the provisions of Section 7, and pursuant to Government Code Section
34090.5, the Department Head having custody of Records may,without the approval of the
Town Council or the written consent of the Town Attorney, cause to be destroyed any or all
such Records if all the following conditions are met:
A. The Record has been photographed, microphotographed, reproduced on
film of a type approved for permanent photographic records by the National
Bureau of Standards, scanned, or digitally imaged;
B. The device used to reproduce such Record is one which accurately and
legibly reproduces the original thereof in all details;
C. The photographs, microphotographs, digital images or other reproductions
are made accessible for public reference as the paper records were;
D. A true copy of archival quality of such reproductions shall be kept in a safe
and separate place for security purposes.
E. Scans and other reproductions must be checked for quality before
destruction of the original. In conducting quality checks of scans or
reproductions of large files, the Town Employee must verify that the
reproduction is of high quality, and has the same number of pages as the
original record. The Department head is responsible for ensuring that the
Town Employee has completed the required quality check before
authorizing destruction of the original Record; and
F. No Record shall be destroyed if it cannot be reproduced with full legibility.
Additionally, no record, paper, or document shall be destroyed if the relevant
retention schedule does not allow for electronic-only storage.
Section 9 - Electronic Records Retention.
A. The Town utilizes an electronic system to store both permanent and
transitory documents. All electronic Records are subject to, and shall be
dispositioned in accordance with the Retention Schedule.
SF 44840-0943-8276 v5
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B. As mentioned in greater detail in Section 7 above, some original documents
may be destroyed after they have been scanned or reproduced in
accordance with this policy. However, some Records of historical nature that
begin as hardcopy Records, shall be retained regardless if they have been
scanned. This would include resolutions and ordinances of legislative bodies
and permanent Records according to the Retention Schedule.
C. Electronic Mail (E-mail). It is the Town's policy that Town e-mail and e-mail
systems are intended to be a medium of communication. Town e-mail
systems are not intended to be and may not be used for the electronic
storage or maintenance of Town records. The e-mail system, to function as
intended, anticipates or requires that employees regularly delete
communications from the system. E-mail messages, including attachments
thereto, shall be retained and disposed of in accordance with the following
principles.
1. It is the responsibility of individual employees and their Town
department head to determine if an e-mail is a Public Record which
must be retained in accordance with this Policy. The Town Clerk may
assist in making such determinations, which may factor the following
considerations:
i. Would this e-mail likely have come to me in the form of a
letter or memorandum if not for the convenience of sending
it via e-mail?
ii. Does the e-mail substantially concern Town business?
iii. Is the message from a member of the public expressing an
opinion or a suggestion?
iv. Would another person need to know of the message's
contents?
V. Do you have any reason to believe that you, or someone
else, will need to refer to the contents of the message in the
future?
vi. Does the e-mail concern a lawsuit, claim or a potential
claim?
vii. Does the e-mail concern the fulfillment of some legal
requirement?
If any of these questions can be answered in the affirmative, the e-
mail likely must be retained.
2. Every project file must have a folder entitled "correspondence." This
SF#4840-0943-8276 v5
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file may be a paper or electronic folder. E-mails sent or received
which qualify as Public Records should be immediately filed in the
project correspondence file on the server or in the hard copy file. A
person utilizing a paper folder must flag confidential emails. The
sender of an e-mail will be responsible for filing the e-mail accordingly.
E-mails that qualify as Public Records may not be saved onto local
hard drives.
3. Individual employees are responsible for the management of their
electronic mailboxes and associated computer folders. In order to
assure maximum efficiency, employees shall take the following
actions:
i. Immediately delete e-mail messages once they are retained in
the appropriate correspondence file. For e-mails that were
sent or received prior to the date of the resolution instituting
this policy and have not been appropriately filed, Town
employees have a one-year amnesty period for compliance.
ii. Beginning on April 1, 2018, all other work-related e-mails that
do not qualify as Public Records must be deleted within six (6)
months of receipt. For e-mails that were sent or received prior
to April 1, 2018, Town employees have a one-year amnesty
period for compliance.
iii. Personal e-mails sent and received by Town employees shall
be deleted contemporaneously with the message's receipt.
Town employees must delete e-mails stored in his or her inbox,
outbox, sent items folder, drafts folder, and any other computer
folders.
SF 44840-0943-8276 0
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Town of Tiburon
MEMORANDUM
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TO:
FROM:
SUBJECT: REQUEST FOR [DESTRUCTION/CONVERSION] OF RECORDS
DATE:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
❑ Please authorize destruction of the following records, described below, set for destruction after
years.
❑ Please authorize conversion of the following records, described below, pursuant to Sections 7
and 8 of the Town Records Retention Policy.
I hereby authorize [destruction/conversion] of the above records,pursuant to the Town Records
Retention Policy and/or Schedule.
By: Date:
SF#4840-0943-8276 v5
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Title:
SF#4840-0943-8276 v5
11
TOWN OF TIBURON
� 1505 Tiburon Boulevard
Tiburon,CA 94920
TOWN OF TIBURON
USE OF PERSONAL ACCOUNTS AND ELECTRONIC DEVICES FOR OFFICIAL
TOWN BUSINESS POLICY
1. Purpose
This Policy on the Use of Personal Accounts and Electronic Devices for Official Town
Business ("Policy") outlines the permissible use of electronic devices including cell phones and
tablets ("Electronic Devices"), and personal social media accounts, email accounts, apps, and
other electronic means of communication("Personal Accounts")to conduct official Town
business.
2. Policy
A. Prohibition on Use of Personal Accounts. It is Town policy that Personal
Accounts shall not be used to conduct official Town business. Every Town official and
employee shall be provided a Town email domain, and all Town business shall be conducted
using the Town-provided email. Town employees may not use their personal social media
accounts, including, but not limited to, Facebook, Twitter, Instagram, and/or Nextdoor to
conduct any Town-related business.
B. Prohibition on Personal Electronic Devices. Town officials and employees may
not use personal Electronic Devices for Town-related business, except in limited circumstances
outlined in Section 3 of this Policy. Town officials and employees that utilize a personal
Electronic Device to conduct official Town business have no expectation of privacy related to
any writings, communications, or other records created or stored on, or transmitted to or from
any personal Electronic Devices and Personal Accounts, to the extent such writings,
communications, or other records relate in a substantive way to the conduct of Town business.
C. Town-Issued Devices. The Town Manager shall authorize, upon recommendation by
Department Directors, issuance of Town-owned cell phones to particular employees and
officials. Officials and employees who have been issued Town-owned Electronic Devices
should use Town-issued Electronic Devices and accounts for any Town-related purpose to the
fullest extent possible.
3. Exceptions to Personal Electronic Device Policy
This section outlines the limited circumstances where use of personal Electronic Devices
is permissible in the course of conducting official Town Business. Note that any costs associated
with privately-owned personal Electronic Devices or Personal Accounts are not reimbursable.
A. Email on Personal Electronic Devices. Emails pertaining to official Town
business sent from personal Electronic Devices are permissible, so long as any user utilizes the
EXHIBIT NO.-3
official Town email account to send such communication, or copies his or her official Town
email address on the communication. All emails received in Personal Accounts pertaining to
official Town business must be forwarded to the user's Town email account. Once an email is
forwarded to the user's Town email account, the email must be deleted immediately thereafter
from the Personal Account.
B. Text Messages on Personal Electronic Devices. Text messages pertaining to
official Town business sent from personal Electronic Devices are permissible, so long as the user
copies the official Town email address on the communication. All text messages received on
any user's Electronic Device pertaining to official Town business must be forwarded to the
user's Town email account. Once a text message is forwarded to the user's Town email account,
the text message on the Personal Electronic Device must be deleted immediately thereafter.
C. Retention Policy. Emails and text messages that are forwarded to the Town's
email account are subject to retention policy requirements and must be deleted after thirty(30)
days unless otherwise provided in the Retention Schedule.
D. The Town Clerk may authorize any other exceptions to the Policy that are
reasonably necessary in order to conduct Town business. However, prior to obtaining any
exception, any employee or Town official must request such exception in writing demonstrating
the need to use other accounts for Town business other than the Town's email domain.
4. Privacy
A. Officials and employees who are issued Town Electronic Devices and Town
accounts understand that there is no expectation of privacy when using these Town-issued
Electronic Devices and accounts. The Town has the right to review all records related to Town-
issued Electronic Devices and accounts, including, but not limited to, phone logs, text messages,
and internet usage logs.
B. All records that relate in some substantive way to the conduct of the Town's
business (taking into account the record's content, context, purpose, and audience) are subject to
disclosure under the Public Records Act, regardless of whether Town-provided Electronic
Devices or accounts are used. Communications that are primarily personal, containing no more
than incidental mentions of the Town's business, generally will not constitute public records.
C. In the event the Town receives a Public Records Act request for records which
may be located on an employee's or official's personal Electronic Devices or Personal Account,
the employee or official must cooperate to the fullest extent possible with the Town to search his
or her own Electronic Devices and Personal Accounts and provide copies of any responsive
records related to the conduct of the Town's business located on any such personal Electronic
Devices or Personal Accounts. After searching for any public records on his or her own
Electronic Devises and Personal Accounts, the employee and/or official will execute an affidavit
regarding efforts undertaken to search for any such public records at the request of the Town
Clerk. If there is any question or concern regarding whether a communication constitutes Town
business, contact the Town Attorney.
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5. Town-Issued Devices
Any Town-issued Electronic Devices and Town accounts shall remain the sole property
of the Town and shall be subject to inspection or monitoring (including related records, such as
text messages) at any time. Upon resignation, separation, or termination of employment or
official status, or at any time upon request by the Town, the official or employee may be asked to
produce the Town-issued device for return or inspection.
SF#4822-3687-1239 0
TOWN OF TIBURON
Policy Acknowledgment
have received, read, and understand the
Town of Tiburon policy relating to the use of Personal Accounts and Electronic Devices for
official Town business. I understand this signed acknowledgment will be maintained in my
personnel file.
I recognize and understand that Town-issued Electronic Devices and accounts are to be
used for conducting Town business. I further understand and am aware that I have no
expectation of privacy or confidentiality when using Town-issued Electronic Devices and
accounts as to any writings or other records created, stored, or transmitted to or from my
personal Electronic Devices or Personal Accounts that relate in some substantive way to the
conduct of Town business, and that these records may be subject to disclosure under the Public
Records Act.
I understand that the Town has, and will exercise, the right to monitor, review, copy,
and/or disclose all matters on my Town account at any time, with or without notice to me. In the
event the Town receives a Public Records Act request for records which may be located on my
personal Electronic Devices or Personal Accounts, I agree to cooperate to the fullest extent
possible with Town officials and employees to search and provide copies of any responsive
records related to the conduct of the Town's business located on personal Electronic Devices or
Personal Accounts.
I agree to comply with all provisions of this policy.
[DATE] [SIGNATURE]
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