HomeMy WebLinkAboutTC Agd Pkt 2011-01-05TOWN Or TIBURON
Tiburon Town Hall
1505 Tiburon. Boulevard
Tiburon, CA 94920
AGENDA
Regular Meeting
Tiburon Town Council
January 5, 2011
Regular Meeting - 7:30 p.m.
TIBURON TOWN COUNCIL
CALL TO ORDER AND ROLL CALL
Councilmember Collins, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor
Fraser, Mayor Slavitz
CLOSED SESSION ANNOUNCEMENT, 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.
1. Town Council Minutes -Adopt minutes of November 17, 2010 regular meeting (Town
Clerk Crane Iacopi)
2. Town Council Minutes - Adopt minutes of December 1, 2010 regular meeting (Town
Clerk Crane Iacopi)
3. Vacancies on Town Boards and Commissions - Announce pending vacancies on Town
Boards and Commissions in 2011 (Town Clerk Crane Iacopi)
4. Annual Development Fee Report - Adopt annual report on the status of the Town's
Development Impact Fees pursuant to the California Government Code (Director of
Community Development Anderson)
5. Storm Runoff Impact Fees - Adopt five-year report and findings (resolution) (Director of
Community Development Anderson)
6. Housing In-Lieu Impact Fees - Adopt five-year report and findings (resolution) (Director
of Community Development Anderson)
ACTION ITEMS
1. Town Council Committee Appointments - Update Council Committee Appointments
list to reflect revisions or new committee assignments in 2011 (Town Clerk Crane
Iacopi)
PUBLIC HEARINGS
1. Amendments to Building Code - Consider amendments to Title IV, Chapter 13 (Building
Regulations) of the Tiburon Municipal Code - First Reading of Ordinance (Director of
Community Development Anderson)
TOWN COUNCIL REPORTS
WN MANAGER'S REPORT
WEEKLY DIGESTS
• Town Council Weekly Digest -December 3, 2010
• Town Council Weekly Digest - December 10, 2010
• Town Council Weekly Digest - December 17, 2010
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 4S hours prior to the meeting Adll 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,
mnAAv.ci.tiburon.ca.us.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and
preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Collins called-the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesda ,November 17, 2010, in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, Cali
ROLL CALL
PRESENT: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Fraser, O'Donnell, Slavitz
Fredericks
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Chief of
Police Cronin, Town Clerk Crane Iacopi
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
There was no closed session.
ORAL COMMUNICATIONS
Mayor Collins welcomed and introduced five Redwood High seniors in the audience who had
come to observe the meeting as part of their government class studies.
Mary Ann Blair, Ned's Way, spoke in favor of a plastic bag ban in order to reduce waste and
lessen the harmful impact on the oceans. She said that while a state-wide ban failed to p'a$s the
state legislature, she said she and other volunteers were asking all the cities in Marin to consider
adopting local bans. Ms. Blair said that the Marin County Hazardous and Solid Waste JPA had
advocated in support of such a ban, and that Los Angeles County had just today adopted an bag
ban ordinance.
PRESENTATION
• Marin/Sonoma Mosquito and Vector Control District Annual Report - Roger Smith,
Town representative _
DRAFT Town Council Minutes #17 -2010 November 17, 2010 Page 1
Col. Smith said that since his last report in January, 2010, there had been 600 deaths in Brazil
from mosquito-borne disease, and over one million deaths in Africa. In California, Smith said
there was one death from West Nile virus. Locally, Smith said were 300 calls for service
throughout the year; he said the district used petroleum products, fish, and some pyrethrien
chemicals to treat mosquitoes. Col. Smith said that like many agencies, the district faced a
reduction in income due to unpaid or lower property taxes in the face of increased demand.
Overall, he said the Town had a solid year.
The Council thanked Col. Smith for his service and continued representation of the Town on the
board of the Mosquito & Vector Control District.
Town Clerk Crane Iacopi added that Col. Smith's term was expiring at the end of the year and
the matter of reappointment would appear on the next Town Council agenda.
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of October 20, 2010 Regular Meeting (Town
Clerk Crane Iacopi)
2. Town Investment Summary - Accept report for September 2010 - (Director of
Administrative Services Bigall)
3. Citizen of the Year - Adopt resolution commending Jon Rankin upon his selection as
Tiburon Peninsula Chamber of Commerce Citizen of the Year (Town Clerk Crane Iacopi)
4. Supplemental Law Enforcement (COPS) Funding - Adopt resolution authorizing
expenditure of funds for FY 2010-2011 (Chief of Police Cronin)
Councilmember O'Donnell submitted his changes to the October 20 minutes.
MOTION: To approve Consent Calendar Item Nos. 2 through 4, as written; Town Clerk to
correct Item No. 1 (October 20 minutes, to correct statements attributed to Vice
Mayor Slavitz who was absent)
Moved: Fraser, seconded by O'Donnell
Vote: AYES: Unanimous
ABSENT: Fredericks
ACTION ITEMS
1. MCCMC Pension Committee - Consider appointment of Delegate and Alternate to
represent Town of Tiburon on Marin County Council of Mayors and Councilmembers
(MCCMC) committee to study pension reform (Town Clerk Crane Iacopi)
DRAFT Town Council Minutes #17 -2010 November 17, 2010 Page 2
Town Clerk Crane Iacopi said that at its last meeting, the MCCMC membership had voted to form an
ad hoc committee to study pension reform and post-retirement benefits. She said the MCCMC
President had requested that each city appoint two delegates to the committee, and that the committee
would report quarterly to the group on this issue.
Councilmember O'Donnell said he thought the issue was of critical importance and volunteered
to represent the Town on the committee; Vice Mayor Slavitz volunteered to serve as alternate.
MOTION: To appoint O'Donnell and Slavitz to the MCCMC committee.
Moved: Collins, seconded by Fraser
Vote: AYES: Unanimous
ABSENT: Fredericks
2. Blackie's Pasture Restroom Facility - Consider approval of plans and specifications,
budget amendment, and authorize Town Manager to execute contract with Romtec, Inc.
for installation of an additional restroom facility at Blackie's Pasture (Town Manager)
Director Nguyen gave the report which recommended the use of approximately $203,000 in State
Per Capita Grant Funds for expanded restroom facilities at Blackie's Pasture. He said the grant
had a "soft" grant expiration deadline of December 31, 2010 and a "hard" deadline of March 31,
2011.
Nguyen said staff had been struggling to fast-track the new Joint Recreation Facility project on
Ned's Way, and seek a grant extension, to take advantage of state funding for that effort. He said
it became clear last month, however, that the Ned's Way project would not meet the grant
deadline. He said that staff then simultaneously reviewed two alternative recreation-related
project opportunities: (1) additional restroom facilities at Blackie's Pasture, and (2) installation of
new decomposed granite jogging path on the north side of the MUP at McKegney Green.
According to the Director, the jogging path on the north side of the MUP was evaluated and
determined to be too complex due the need to relocate all the utility vaults situated along that
alignment. He said the south jogging path could be improved at minimal cost at any point,
leaving the additional restroom facility as the most appropriate project for the State Per Capita
Grant Program funding. Nguyen said staff believed it to be the best use of this opportunity and
one that would meaningfully improve the utility of both Blackie's Pasture and McKegney Green.
Nguyen noted that Blackie's Pasture and McKegney Green serve an ever-growing population of
visitors each year, and the existing restrooms located at Blackie's Pasture have been increasingly
subject to over-use, especially on fair weather weekends. He said that last year, Public Works
leased a "port-a-potty", at an approximate cost of $300 per month, to supplement facilities in the
area. Nguyen said a more permanent solution would be to install an adjoining restroom facility
next to the existing facility located beside the Richardson Bay Sanitary District plant.
DRAFT Town Council Minutes #17 -2010 November 17, 2010 Page 3
To this end, Nguyen said staff had prepared plans and specifications in conjunction with Romtec,
Inc., a vendor of restroom facility "kits" and also the supplier for the current facility in that
location. He said the grant funds would be spent as follows: $162,418 quoted by Romtec, Inc.;
$28,900 for additional appurtenant work; and a $11,400 contingency. He said the new facility
would measure 24 by 21 feet.
Nguyen said that he State Per Capita Grant Program administrator had informed the Town that it
must demonstrate that it has been pursuing development of this project so that the expenses of the
project can be fully reimbursed by the final end date of the grant on March 31, 2011. Nguyen
said that staff would aggressively follow these steps in order to comply with the timeline and
obtain reimbursement:
• As soon as possible after Council amendment of the FY 2010-2011 budget (if approved),
staff will enter into a contract with Romtec, Inc. for the kit.
• After entering into contract, Public Works crews will break ground for the project by
clearing the project site of vegetation and perform rough grading.
• The Planning Commission will conduct a public hearing on December 8, 2010 for the
project and consider approval of a CUP; a staff-level design review will be processed
simultaneously and will be scheduled for approval immediately following approval of the
CUP by the Commission.
• Receipt of the kit from Romtec, Inc. is estimated to take 6 to 8 weeks. Staff anticipates
receiving it in late January 2011, at which time staff would invoice the State Per Capita
Grant Program for the cost. By taking this step, the Town should be able to demonstrate a
good faith effort to complete the project and recover the majority, if not all, of the project
expenses.
Nguyen said that an appeal of a Planning Commission CUP approval could further delay the
project timeline. He said that if substantial completion of the project cannot be achieved by the
March 2011 deadline, the grant funding could be completely rescinded. He said that even though
there was adequate time to obtain permits and perform the construction, there remained the
possibility that the grant funds could somehow be compromised and the Town would have to
fund all or a portion of the project on its own.
Finally, Director Nguyen said that Staff has preliminarily determined that the project is exempt
from CEQA pursuant to Section 15303 of the CEQA Guidelines, in that the project is for new
construction or conversion of small structures.
Director Nguyen recommended that the Town Council take the following actions:
DRAFT Town Council Minutes #17 -2010 November 17, 2010 Page 4
1) Move to approve the plans and specifications for the Blackie's Pasture Restroom
Facility Installation Project;
2) Move to authorize a FY 2010-201 bbudget amendment of $203,000 (Capital
Improvements) for the project; and
3) Move to. authorize the Town Manager to negotiate and execute the necessary contracts
with Romtec, Inc. and others to construct the project.
Mayor Collins opened the matter for public comment. There was no public comment.
Vice Mayor Slavitz said that he could see the benefits of the project as well as the "downside" in
that the Town might have to cover the entire cost if the project missed the grant funding deadline.
Director Nguyen said that while this was a possibility, there was an element of "good faith" to the
grant process; at the very least, he said the State Grant Administrator would at least pay for the
restroom if it was built by that date.
Councilmember Fraser said he had heard of the "mischief' to and problems in maintaining the
existing restroom facility. He asked whether maintenance of the new facility would add to the
Public Works Department budget.
Director Nguyen said the facility would negate the cost of the $300-per-month porta-potty rental.
He added that the Town currently pays a janitorial service to maintain the restrooms on peak
weekends. Nguyen estimated that the new facility would represent a small incremental cost in
maintenance.
Mayor Collins recommended adding penalty provisions to the Romtec, Inc. contract in order to
guarantee delivery within the 6-8 week timeframe and expedite installation (for instance, two
weeks after delivery). Councilmember O'Donnell suggested another idea, using cash payment
incentives, to expedite the process. Nguyen said these ideas could be explored and negotiated
with the vendor.
Town Manager Curran said that if Council approved the project tonight, Town staff would move
almost immediately forward on the contract and project.
Mayor Collins also asked whether there were utilities located in the area of the new facility.
Nguyen said that there were existing sewer laterals.
The Mayor asked if $203,000 was the entirety of the grant. Nguyen said that it was the remaining
portion of a previous grant received by the Town six years ago.
In response to a question from Vice Mayor Slavitz about the possibility of the CUP being
appealed, Director Anderson commented that staff had already contacted at least once interested
neighbor, Bruce Abbott, about the proposed facility, and he appeared not to have concerns. Mr.
Anderson stated that with the original restroom building proposal in the 1990's, neighbors had
DRAFT Town Council Minutes #17 -2010 November 17, 2010 Page 5
expressed concerns about possible glare, noise, and visibility issues; he noted that the existing
restroom is fully screened from those homes and none of the potential impacts had materialized.
He expressed confidence that the additional bathroom facility would also be well-screened and
that it was unlikely to be met with objections from neighbors, given the success of the original
restroom facility.
MOTION: To approve the plans and specifications, budget amendment, and authorize the Town
manager to negotiate and execute the contract for the new restroomn facility at
Blackie's Pasture.
Moved: Slavitz, seconded by O'Donnell
Vote: AYES: Unanimous
ABSENT: Fredericks
PUBLIC HEARINGS
1. Open Space Resource Management Plan - Consider adoption of the Plan and a Mitigated
Negative Declaration (Director of Community Development Anderson; Director of Public
Works/Town Engineer Nguyen)
Director Anderson reported that the Town of Tiburon owned over 252 acres of open space land
that was widely distributed throughout the Tiburon Peninsula. He said the Town had acquired
these open space lands by differing means over time--approximately 148 of these acres were
secured by dedication in fee as a condition of development project approvals, while 104 acres
were purchased with 1972 Open Space Bond monies.
Beginning about 1970 with the advent of the nation-wide "open space movement", Anderson
said the Town of Tiburon focused on acquisition in fee title of open space lands for public use.
Between 1970 and 1985, the Town acquired virtually all of the 252 acres of open space land that
are the subject of the Open Space Management Plan. However, he said very few resources were
allocated over the years toward stewardship, management, or maintenance of these lands.
Anderson said that from 1986 forward, due primarily to liability concerns, the Town shifted its
focus from fee title acquisition of open space lands to preservation as "private open space". The
standard mechanism for the past 25 years has been for the Town to secure an open space or
conservation easement over developing lands to act as an enforcement mechanism for their
continued preservation as open space.
Anderson said the Town had sometimes obtained discrete public trail easements over these
private open space holdings for public access purposes, such as for the Tiburon Ridge Trail.
Since 1986, the Town has accepted almost no open space (only 0.6 acres) as a public dedication
in fee title. However, the Town has supported, both politically and financially, public acquisition
of open space lands on the Tiburon Peninsula by larger entities such as the Marin County Open
Space District (MCOSD). He said the most prominent examples were Ring Mountain Nature
Preserve and the Old St. Hilary's Open Space Preserve
DRAFT Town Council Minutes #17 -2010 November 17, 2010 Page 6
In a change of direction regarding maintenance of its open space lands, Anderson said the Town
Council established its Open Space Management Reserve Fund in 2005. Each year since, the
Town has appropriated and expended modest capital improvement funds for open space
management purposes. Overgrown fire roads have been cleared and repaired, invasive species
removal to reduce fire fuel loads has been initiated, and work has begun in areas where rare and
endangered plant species exist and are threatened by invasive plants.
But Anderson said that early on, a need for a comprehensive inventory and a plan to help
prioritize the Town's limited resources for open space management was recognized. In July 2008,
Anderson said the Town Council authorized the preparation of an Open Space Management Plan
(OSMP) to address the vast majority of the Town's open space lands. He said the firm of LSA
Associates of Point Richmond was retained to prepare the OSMP, and a draft document was
distributed to the Town Council in September, 2010.
Anderson noted that the OSMP did not address management of Angel Island State Park, nor any
of the Town's parks, such as Blackie's Pasture/Richardson Bay Lineal Park, Shoreline Park, or
Zelinsky Park, nor does it address the following other open space lands in Tiburon:
1. Those open space lands owned and maintained by the Marin County Open Space District,
including the Ring Mountain Nature Preserve, the Tiburon Uplands Preserve, and the
several parcels comprising the Old St. Hilary Open Space Preserve;
2. Railroad Marsh, which is a wetland (as opposed to upland) open space and which already
has an adopted management plan prepared for the Town by wetlands experts;
3. Privately-owned open space lands over which the Town has only easement rights.
Purpose and Emphasis of the OSMP
Director Anderson said the primary purposes of the OSMP are to: 1) Provide an inventory and
description of each open space area; 2) Identify the management issues associated with each open space
area; and 3) Prioritize for the most effective and efficient use of limited Town resources available for
open space management. He said that the Department of Public Works would use the document as a
priority-setting tool in planning its capital improvement budgets in coming years.
Anderson noted that the primary emphasis of this OSMP is management of vegetation which
corresponds to three of the Town's primary open space management concerns: 1) Reduction of fire
hazards and fuel loading; 2) Control of invasive, non-native species; and 3) Protection of sensitive
biological resources.
Director Anderson said the Parks, Open Space & Trails (POST) Commission had considered the
OSMP and its environmental compliance document at meetings held on September 21 and October
195 2010. He said the commission heard public testimony and made some changes tcLthe text and
priorities in the draft report.
DRAFT Town Council Minutes #17 -2010 November 17, 2010 Page 7
The Director said that adoption of the plan by the Council would have no direct fiscal impact;
however, he said that it was possible that the report would raise expectations of interested parties as
to funding commitments by the Town for open space maintenance in the future.
Anderson recommended that the Town Council:
1. Receive the staff report and the presentation by LSA Associates.
2. Hear and consider any public testimony.
3. Adopt the Mitigated Negative Declaration for the project.
4. Consider any desired revisions, and if prepared to do so, adopt the OSMP.
He then introduced the document's primary author, Dr. Clint Kellner of LSA Associates.
Dr. Kellner said that as a biologist, he found the Tiburon Peninsula to be an area of great biological
value. He gave a very detailed report of all the plant species found in different areas of open space on the
peninsula. He said that Town staff had collaborated on the report, as well as members of the public,
namely, Tiburon resident and botanist, Eva Buxton.
Dr. Kellner said he concurred with Director Anderson's assessment on the allocation of resources; he
said that the top two priorities in his mind were: 1) removal of "scrub" within 100 feet of homes, as well
as non-native pampas grass in all areas, for fire control; and 2) removal of other non-native species that
threaten sensitive vegetation. He said that species management in the smaller open space preserves
would come next in order of priority, along with removal of large stands of broom.
Councilmember O'Donnell commended Dr. Kellner on his well-written and thorough report.
O'Donnell asked Town staff about encroachment by private property owners onto open space parcels.
Town Manager Curran said that the Town had taken enforcement action in at least two or three cases this
year.
O'Donnell also asked about controlled "burns" in open space areas for fire safety. Director Anderson
said that the OSMP concluded that it would likely take years to secure permits to perform such activities,
and that there were more effective ways to proceed.
Councilmember O'Donnell asked about use of herbicides to control invasive plants. The Town Manager
said that while there was opposition to the use of herbicides, it was a necessary to have them in the
Town's "toolkit" for control of vegetation.
O'Donnell asked how the recommended actions would be implemented and paid for, or whether the
OSMP was merely a reference document.
Town Manager Curran said that first of all, the OSMP was an excellent inventory of the open
DRAFT Town Council Minutes #17 -2010 November 17, 2010 Page 8
space and plants on the peninsula; she added that the document would help guide the Town in
planning and budgeting. She said that she hoped that the Town could set aside some funds each
year for this purpose, and that some work performed in the open space could be supplemented by
volunteers. Vice Mayor Slavitz asked whether the Town allocated resources in the budget
currently for open space management.
Finance Director Bigall said that the Town Council created a General Fund reserve fund several
years ago and funded it in the amount of $100,000, followed by $50,000 in a subsequent year.
She said that currently, there was less than $75,000 in that fund.
Director Anderson concurred, stating that the Town Council had been prioritizing and
implementing tasks since the fund was created.
Councilmember Fraser also commended Dr. Kellner on his comprehensive report. He said that
the entire community would now have a much better idea of its open space inventory and
resources. He said that it was important to point out the responsibility of private property owners
to maintain their 100-foot buffers if their properties adjoined open space areas, but overall he
agreed with the priorities set out in the report.
Mayor Collins said the graphics in the report were sensational. He asked Dr. Kellner about
removal of "scrub" surrounding one's home. Dr. Kellner said that scrub could be "thinned"
within 100 feet of one's home, and also spoke of the value of preserving grasslands from being
taken over by scrub.
Mayor Collins recommended that a guide for homeowners be published that contained this useful
information. Director Anderson said that the POST Commission had also recommended this
action; he said that the OSMP draft had been on the Town's website for several months.
Mayor Collins opened the public hearing. There was no public comment. Mayor Collins closed
the public hearing.
Councilmember O'Donnell referenced the POST minutes and asked how the fire safety issues
raised by Mt. Tiburon homeowners had been addressed. Town Manager Curran said that staff had
spent considerable time responding to the issues raised by the homeowners; she said that a letter
from Fire Marshall Ron Barney and a letter from the Town Manager addressed the issue of
property owner responsibility to maintain 100-foot clearance, even on the steep sloped lots that
adjoined the open space. She said that the two Town lots in that area that came all way up to the
street were being maintained by the Town. She said that Town would continue to follow the
advice of the Fire Marshall on these issues.
MOTION: To adopt the Plan and Mitigated Negative Declaration, as written.
Moved: Fraser, seconded by Slavitz
Vote: AYES: Unanimous
ABSENT: Fredericks
DRAFT Town Council Minutes #17 -2010 November 17, 2010 Page 9
TOWN COUNCIL REPORTS
1. Vice Mayor Slavitz request to send letter to County of Marin regarding funding for Bike
Connector study - item withdrawn f om agenda
TOWN MANAGER'S REPORT
None.
WEEKLY DIGESTS
• Town Council Weekly Digests
- October 22, 2010
• Town Council Weekly Digests
- October 29, 2010
• Town Council Weekly Digests
- November 5, 2010
• Town Council Weekly Digests
- November 12, 2010
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Collins
adjourned the meeting at 8:35 p.m.
RICHARD COLLINS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT Town Council Minutes #17 -2010 November 17, 2010 Page 10
Cc-~
TOWN COUNCIL
MINUTES
Prior to the regular meeting, the Council convened a closed session, beginning at 6:30 p.m., to
discuss the following:
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957)
Title: Town Manager
CALL TO ORDER
Mayor Collins called the regular meeting of the Tiburon Town Council to order at 7:37 p.m.
on Wednesday, Dec _ x l in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, California.
ROLL, CALL
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Fredericks, Fraser, O'Donnell, Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Chief of
Police Cronin, Town Clerk Crane Iacopi
CLOSED SESSION ANNOUNCEMENT, IF ANY
Mayor Collins said that no action was taken on the matter discussed in closed session (Public
Employee Evaluation - Town Manager) held at 6:30 p.m.
ORAL COMMUNICATIONS
Vasco Morais, resident of Bel Aire since 1994, spoke on behalf of the Portuguese community of
Tiburon. He said the Portuguese had a long history on the peninsula, and that all three [Reed
Union] schools were built on the sites of former Portuguese dairies. He said the community
would be interested in preserving the old calf barn, located at the Tiburon Public Works
Corporation Yard, if the Town no longer had a need for the building in future.
DRAFT Town Council Minutes #18 -2010 December 1, 2010 Page I
CONSENT CALENDAR
Councilmember Fredericks asked to remove Item No. 1 for discussion.
1. Annual Appointments List - Adopt Annual List of Town Council Appointments pursuant
to State Law (Town Clerk Crane Iacopi)
2. Reappointment of Boardmember - Recommendation to reappoint Roger Smith to
Marin/Sonoma Mosquito Mosquito and Vector Control District Board of Trustees (Town
Clerk Crane Iacopi)
3. Revised Minutes - Adopt revised minutes of October 20, 2010 Town Council meeting
(Town Clerk Crane Iacopi)
MOTION: To approve Consent Calendar Item Nos. 2 and 3, as written.
Moved: Slavitz, seconded by Fraser
Vote: AYES: Unanimous
Councilmember Fredericks referenced the Council Committee appointments list. She asked about
the vacancy on ICLEI and whether adoption of the list meant that the Council was "adopting the
vacancy".
Town Clerk Crane Iacopi said the position had been previously filled by Councilmember Berger
and that the current Council had not appointed a replacement. She said adoption of the
appointments lists was required by law so that the public would know the nature and composition
of the appointments made by the Council to boards and commissions throughout the year. She
recommended that Town Staff research the question of the vacancy on ICLEI and advise the
Council of its options.
Councilmember Fredericks also noted that the "Ned's Way Project" committee was missing from
the list of Council appointments. Town Clerk Crane Iacopi said that the Council could move to
adopt the list, as amended, to correct this oversight.
MOTION: To approve Consent Calendar Item No. 1, as amended.
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
Mayor Collins said that Council Reports would be heard before the Action Items on the agenda.
TOWN COUNCIL REPORTS
Councilmember O'Donnell reported on the first meeting of the MCCMC committee on pension
reform on November 29. He said the group had adopted a list of goals and objectives, as follows:
DRAFT Town Council Minutes #18 -2010 December 1, 2010 Page 2
• A recognition and acceptance that the current system as structured is not
sustainable;
• A recognition and acceptance that the current regulatory actuarial
requirements are understated;
• Get a true and realistic assessment of the cost and risks associated with
the unfunded liabilities and assess the vulnerabilities and impacts to our
finances and budgets;
• Come up with a set of alternatives that are in our local control that
achieves lowering the costs as well as lowering the risks, but to still
document alternatives and policies that have dependencies beyond our
immediate control;
• Create a document (a "toolkit" of sorts) that identifies the various
alternatives and policies, the time frame in which it can be implemented,
the qualitative impact to the members, the qualitative impact to
employees, and the dependencies associated with implementation;
• Create policy statements that address the above and identifies where we
want to be, even if some measure may take decades to achieve or realize;
• Expanding the discussion to a regional level and eventually to the state
level.
O'Donnell said he would continue to report on the progress of the committee.
ACTION ITEMS - REORGANIZATION OF TOWN COUNCIL
1. Town Council Comments - The Mayor and Council may share any comments during this
time.
The Council did a short "roast" of Mayor Collins, led by Councilmember O'Donnell. O'Donnell
said that the purpose for the roast was to demonstrate the high regard and affection felt for the
outgoing Mayor by his colleagues.
Each member of the Council spoke. They praised Mayor Collins for the legal knowledge and
expertise he brought to the Council, along with his "calming" voice of reason, and humor, he
brought to issues and situations that arose throughout the year.
Mayor Collins thanked his fellow Council members and Town staff and said what a pleasure it
had been to serve and work with them. He listed a few of the many projects undertaken by the
Council, with assistance from Staff, during the past year-Martha Property Agreement, Marin
Clean Energy, resolution of the Del Mar litigation, the Ned's Way and Lyford Drive Parking
projects. He also highlighted his work with Councilmember Fraser on the Downtown Committee,
and commended staff for its work on and increasing number of subscribers to the monthly
newsletter, Tiburon Talk.
DRAFT Town Council Minutes #18 -2010 December 1, 2010 Page 3
2. Election of Mayor - Outgoing Mayor Collins will receive nominations for the Office of
Mayor and conduct the election.
MOTION: To appoint Jeff Slavitz as Mayor.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Unanimous
Mayor-elect Slavitz expressed his gratitude to the members of the Council with whom he had
served over the past 10 years, as well as the "new guys," Councilmembers Fraser and O'Donnell.
He also thanked his wife and sons for their support, along with the members of Town staff.
3. Election of Vice Mayor - The Mayor-elect will take the Chair and conduct the election of
Vice Mayor.
MOTION: To appoint Jim Fraser as Vice Mayor.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
Vice Mayor-elect Fraser thanked his colleagues for their support and said he looked forward to
another great year on the Council.
TOWN MANAGER'S REPORT
Town Manager Curran reported that the December 15 meeting would be cancelled for the annual
Holiday Party.
WEEKLY DIGESTS
• Town Council Weekly Digest - November 19, 2010
• Town Council Weekly Digest - November 26, 2010
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor-elect
Slavitz adjourned the meeting at 8:02 p.m.
JEFF SLAVITZ, MAYOR-ELECT
DRAFT Town Council Minutes #18 -2010 December 1, 2010 Page 4
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT Town Council Minutes #18 -2010 December 1, 2010 Page 5
To:
From:
Subject:
Reviewed By:
BACKGROUND
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Office of the Town Clerk
Town Council Meeting
January 5, 2011
Agenda Item: ~C
Announcement of Vacancies on Town Boards, Commissions & Committees
Town Council Resolution No. 16-2007 (Appointments Procedure) requires the Mayor to
announce pending vacancies on Town boards, commissions and committees at the first regular
meeting of the New Year. A notice is subsequently published in the Ark newspaper and posted at
Town Hall and the Belvedere-Tiburon Library for the purpose of informing the public of these
vacancies and to seek applicants to fill the positions.
Commissioners whose terms are expiring in 2011 will be notified by the Town Clerk of their term
expirations and asked whether they are interested in seeking reappointment. Due consideration
will be given to incumbent commissioners, however, the Council is required to interview all new
applicants, pursuant to Resolution No. 16-2007. An exception to this rule is for commissioners
who have served terms of less than two years in duration; the Council is not required to interview
new applicants for these pending vacancies, if the incumbent seeks reappointment to the position.
In 2011, examples of this rule exception are the term expirations of Planning Commission Erin
Tollini, who was appointed in January 2010 to fill the vacancy created by Councilmember
O'Donnell's election to the Town Council. Another example is Design Review Boardmember
Linda Emberson, who was appointed in 2010 to fill the vacancy created by the resignation of
Boardmember Grover Wilson; and Heritage & Arts Commissioner Ric Postle, who was
appointed to serve the remainder of Commissioner Liz Schmidt's term. These commissioners
will be notified by the Town Clerk of their pending term expirations and eligibility for automatic
reappointment.
List of Pending Vacancies
The following is a list of pending vacancies on Town boards, commissions and committees in
2011:
• Planning Commission - One (1) pending vacancy (Erin Tollini); _
• Design Review Board - One (1) pending vacancy (Linda Emberson);
• Parks, Open Space & Trails (POST) - One (1) pending vacancy (Peter Winkler);
• Heritage & Arts Commission - Two (2) pending vacancies (Marlene Halden Rice, Ric
Postle);
J1 %-Tc
llr".1'tarv 5. 20111
• Jt. Recreation Committee - Two (2) pending vacancies (Jerry Riessen, Jane Jacobs);
• Belvedere-Tiburon Library Agency - One (1) pending vacancy (Mary Falk);
• Marin Commission on Aging - One (1) pending vacancy (Allan Bortel).
RECOMMENDATION
Staff recommends that the Town Council:
1. Announce the pending vacancies on Town boards, commissions and committees in
2011 by adoption of this report on the Consent Calendar;
2. Direct staff to publish and post the notice of pending vacancies in accordance with
Town policy.
Exhibit: Notice of Pending Vacancies on Town Boards, Commissions & Committees as of January 2011
Prepared By: Diane Crane Iacopi, Town Clerk
NOTICE OF PENDING VACANCIES
ON
TOWN BOARDS, COMMISSIONS & COMMITTEES
January 2011
PLANNING COMMISSION
DESIGN REVIEW BOARD
HERITAGE & ARTS COMMISSION
PARKS, OPEN SPACE & TRAILS COMMISSION
LIBRARY AGENCY BOARD OF DIRECTORS
BELVEDERE-TIBURON JOINT RECREATION COMMITTEE
MARIN COMMISSION ON AGING
The following vacancies on Town Boards, Commissions and Committees are pending in 2011.
Pursuant to Resolution No. 16-2007, the Tiburon Town Council will conduct interviews of
interested applicants beginning in January 2011.
Current commissioners whose terms are expiring may seek re-appointment for another term;
commissioners who have served terms of less than two years are eligible for automatic re-
appointment.
Most Town appointments are made for four-year terms, effective March 1, 2010. Other terms are
stated in the agency's by-laws, for instance, the Belvedere-Tiburon Library Agency terms are for
three years and expire at the end of June.
Applicants should be residents of the Town of Tiburon and have the time, interest and desire to
serve on the board or commission, including attendance at regular monthly meetings and other
activities. Some commissions, such as Heritage & Arts, and Parks, Open Space & Trails, are
comprised of residents of both Tiburon and Belvedere, or the Tiburon Peninsula.
Applications can be obtained at Town Hall, 1505 Tiburon Boulevard, or from the Town's
website, tiw°iviA%ci. tibur•on. ca. us (click on "Useful Forms"). You may also contact Town Clerk
Diane Crane Iacopi at dcl°ane(a.bci.tiburon.ca.us (tel: 435-7377) for more information.
TOWN OF TIBURON
NOTICE OF PENDING VACANCIES ON
BOARDS, COMMISSIONS & COMMITTEES
JANUARY 2011
PLANNING COMMISSION
Appointee
• Erin Tollini
Appointed
January 2010*
Term Expires
2/28/11
DESIGN REVIEW BOARD
Appointee Appointed
• Linda Emberson July 2010*
HERITAGE & ARTS COMMISSION
Appointee Appointed
• Ric Postle April 2010*
• Marlen Halden Rice March 2007
Term Expires
2/28/11
Term Expires
2/28/11
2/28/11
PARKS, OPEN SPACE & TRAILS (POST) COMMISSION
Appointee Appointed Term Expires
• Peter Winkler June 2008 2/28/11
BELVEDERE-TIBURON JOINT RECREATION COMMITTEE
Appointee Appointed Term Expires
• Jerry Riessen 1992;1999;2003;2007 2/28/11
• Jane Jacobs November 2008 2/28/11
BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF TRUSTEES
Appointee Appointed Term Expires
• Mary Falk 2004;2008 6/30/11
MARIN COMMISSION ON AGING
Appointee Appointed Term Expires
0 Allan Bortel 2002;2005;2008 6/30/11
*Eligible for- automatic reappointment pursuant to Town Council Resolution No. 16-2007
Courtesy Copies to:
The Ark (or Publication on Januan712, 2011)
The Marin Independent Journal
Notice Posted at Tiburon Town Hall and Belvedere/Tiburon Library
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To: Mayor & Members of the Town Council
From: Community Development Department
Town Council Meeting
January 5, 2011
Agenda Item:
Subject: Annual Reporting of Development Impact Fees Pursuant to the
California Government Code
'l
Reviewed by:
BACKGROUND
Similar to most cities and counties in California, the Town of Tiburon imposes public facilities
fees on development projects during the approval process. Certain of these fees are categorized
as "development fees" under Section 66000 et seq. of the California Government Code. Section
66006 of that code requires that specific data regarding development fees is made available to the
public within ISO days following the end of each fiscal year, with a public meeting held on the
matter at the next regularly scheduled meeting following release of the data. This report sets
forth the required annual data reporting for the Town's development fee accounts for Fiscal Year
2009-2010, which closed on June 30, 2010.
ANALYSIS
The Town of Tiburon imposes four categories of fees that could qualify as development fees.
These categories are 1) traffic impact fees 2) sireet impact fees 3) affordable housing in-lieu fees
and 4) stormwater runoff fees. Park and recreation in-lieu fees, which the Town also collects, are
not defined as development fees in the statute. Reporting data for each of the Town's
development fee categories is shown below.
Traffic Mitigation Funds
In 1996, the Town established two separate traffic mitigation fee accounts, each addressing
different portions of the Tiburon Planning Area. The Town Council received a mandatory five-
year report on these funds in January 2007 and made findings regarding the future use of
unexpended funds in these accounts; the next scheduled five-year review is set for January 2012.
In March 2007, an updated Traffic Mitigation Fee Schedule based on projections from the
Town's General Plan Tiburon 2020 went into effect. The two traffic mitigation accounts and the
required data for this annual report are as follows:
Circulation System Improvement Fund (CSIF): This fund contains the collected exactions for
construction of public traffic improvements in the incorporated portions of the Tiburon Planning
Area. The fee varies depending on the location of the project in relation to intersections
identified in the General Plan Circulation Element as requiring improvement. The fee varies
from $ 0 per PM peak trip to $ 5,278 per PM peak trip.
TIBURON CIRCULATION SYSTEM IMPROVEMENT FUND
Fund Balance, July 1, 2009
Revenues:
Fees Collected $0
Interest Income 182
TOTAL REVENUES
Expenditures:
TOTAL EXPENDITURES
Fund Balance, June 30, 2010
$27,771
$182
$277953
In the adopted Fiscal Year 2010-11 budget, the Town has programmed $15,000 in expenditures
from the Tiburon Circulation System Improvement Fund for the purpose of funding a
contribution to CalTrans for in-ground flashing beacons at Stewart Drive and Tiburon Boulevard,
which has been carried over from FY 2009-2010. Sufficient funds are anticipated to construct
these improvements. No inter-fund loans or transfers occurred from this account for FY2009-10
and no refunds from this account were issued in FY 2009-10.
Planning Area Mitigation Fund (PAMF): This fund contains the collected exactions for public
traffic improvements in portions of the Tiburon Planning Area outside of the Town's corporate
limits. The fee varies depending on the location of the project in relation to intersections
identified in the General Plan Circulation Element for improvement. The fee varies from $0 per
PM peak trip to $361 per PM peak trip.
TIBURON PLANNING AREA MITIGATION FUND
Fund Balance, July 1, 2009
Revenues:
Fees Collected $0
Interest Income $1,150
TOTAL REVENUES
Expenditures: $0
TOTAL EXPENDITURES
Fund Balance, June 30, 2010
$176,910
$1,150
$178,060
$0
The FY 2010-11 Town budget does not contain any expenditures from this account. Additional
future projects to which these funds would be contributed include a merge/acceleration lane at the
Tiburon Boulevard/Cecilia Way intersection and capacity improvements at the Tiburon
Boulevard/Redwood Highway Frontage Road intersection. These improvements are set forth in
the General Plan Circulation Element, but are likely to be at least five years away. The cost of
these improvements will exceed funds available at this time. No inter-fund loans or transfers
occurred in this account for FY2009-10 and no refunds from this account were issued in FY
2009-10.
Street Impact Fund
The street impact fee initially went into effect in July 1999. This fee partially off-sets the Town's
costs of public roadway maintenance by assessing a fee of 1.0% (.01) on the valuation of all
building permits issued by the Town. A project with a $100,000 building permit valuation would
therefore be subject to a street impact fee of $1,000.
TIBURON STREET IMPACT FUND
Fund Balance, July 1, 2009 $1,647,118
Revenues:
Fees Collected $590,949
Interest Income $8,921
Refund/Reimbursement $0
TOTAL REVENUES $569,870
Expenditures: $206,663
TOTAL EXPENDITURES ($206,663)
Fund Balance, June 30, 2010 $2,010,325
EXPENDITURES
Projects completed FY 2009-10: Cost % from Fund
Annual Pavement Management Program $890,681 21%
Failed Streets Program $16,179 100%
Total Projects FY 2009-10 $906,860 22%
For FY 2010-11, the Town has identified in its adopted budget $399,000 in planned street
improvement projects to be funded by the Street Impact Fund. These improvements are expected
to be underway and/or completed in FY 2010-11. The Town maintains a Pavement Management
Program (PMP), which analyzes the condition of the Town's streets and suggests appropriate
repair/replacement techniques based on this analysis. In 2006, the Town embarked on an
aggressive program to eliminate its "failed" street segments, which has been successfully
completed. The Town's overall Pavement Condition Index (PCI) now stands at 73, up from a PCI
of 66 in 2006. No refunds or transfers were issued from this account in FY 2009-2010.
Affordable Housing In-Lieu Fund
This fee is collected either at the subdivision map or building permit stage, at the option of the
developer. Its revenues are used for the design and construction of permanently affordable
housing units or for other actions that would directly preserve, conserve, rehabilitate, or increase
the supply of affordable units in the Tiburon Planning Area. The fee is calculated using a
formula contained within Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. The
formula contains several variables (such as interest rates) and the amount of the fee can vary over
time depending on these variables. Generally, the in-lieu fee amount ranges from $425,000 to
$475,000 for each required affordable unit that is not built, dependent upon prevailing interest
rates and other variables at the time of calculation. A project creating 12 or more units or lots
would be responsible to provide 20% affordable units or pay the resulting in-lieu fee. Projects
that create 7 through 11 units would be responsible for providing 15% affordable units. Projects
that create 2 through 6 new lots or units pay a prorated share of the in-lieu fee, for example, a 6-
unit project would pay 0.9 of the in-lieu fee for an affordable unit not built. It is unclear whether
affordable housing in-lieu fees are a "development fee" as defined in state law; however, the
following information is public record.
AFFORDABLE HOUSING IN-LIEU FUND
Fund Balance, July 1, 2009 $1,327,888
Revenues:
Sale of Town Owned Unit $0
Interest Income $13,045
TOTAL REVENUES $13,045
Expenditures:
Marin Renters Rebate $4,018
Bank Fees $267
Marin Housing JPA $10,784
Purchase of 4 Marsh Road $184,382
TOTAL EXPENDITURES
($199,431)
Fund Balance, June 30, 2010 $1,141,502
The primary activity in this account during the fiscal year was the purchase of a below=market
rate housing unit located a 4 Marsh Road. The Town Council received a mandatory five-year
report on these funds in January 2005 and another such a report is required at this time and is
addressed separately on this meeting agenda.
For FY 2010-11 the Town has $24,725 in expenditures planned from the Affordable Housing In-
Lieu Fund, primarily for ongoing maintenance of existing units. Several affordable housing sites
are identified in the Housing Element of the Tiburon General Plan, and as developers move
forward with actual projects, the housing in-lieu funds collected will be expended toward
affordable housing projects. No inter-fund loans or transfers occurred in this account for
FY2009-10, and no refunds from this account were issued in FY 2009-10.
Stormwater Runoff Fund
The Town adopted a Stormwater Runoff impact fee in 2004 and began collecting fees in 2005.
The stormwater impact fee helps recover the costs of upgrading the Town's public storm drain
system to accommodate additional runoff caused by new construction. The fee is $1.00 per
square foot of new impervious surface created by construction projects. The five-year reporting
and findings for this fund are due at this time and are addressed separately on this agenda.
STORMWATER RUNOFF FUND
Fund Balance, July 1, 2009 $206,417
Revenues:
Fees Collected $46,587
Interest Income 89
TOTAL REVENUES $46,676
Expenditures:
Storm Drainage Improvements $93,208
TOTAL EXPENDITURES ($93,208)
Fund Balance, June 30, 2010
$159,885
For FY 2010-11 the Town has $150,000 in expenditures planned from the Storm Water Runoff
Fund for culvert and storm drain repairs and other improvements identified in the Tiburon Storm
Drain Master Plan. No inter-fund loans or transfers occurred in this account for FY2009-10, and
no refunds from this account were issued in FY 2009-10.
RECOMMENDATION
Staff recommends that the Town Council accept the report.
Prepared By: Scott Anderson, Director of Community Development
w l_ TOWN OF TIBURON
1505 Tiburon Boulevard
i Tiburon CA 94920
To: Mayor & Members of the Town Council
From: Community Development Department
Town Council Meeting
January 5, 2011
Agenda Item: CC J
Subject: Storm Runoff Impact Fees: Required Five-Year Reporting and
Findings
Reviewed by:
BACKGROUND AND ANALYSIS
The Town began collecting stormwater runoff fees in 2005. The stormwater impact fee helps
recover the costs of upgrading the Town's public storm drain system to accommodate additional
runoff caused by new construction. The fee is $1.00 per square foot of new impervious surface
created by construction projects. The fee is collected at the time of building permit issuance.
In the past five (5) fiscal years, the Town has received revenues of approximately $465,000 into
the stormwater runoff fund, and has expended approximately $305,000 from the account for
drainage-related improvements. During the first three fiscal years of collection, the Town
received roughly $280,000 in revenues, and has to date spent more than that total from the fund.
Therefore, there are no monies in the fund that have been held in excess of five fiscal years, and
the Town has no exposure to any potential claims for a return of unexpended stormwater runoff
funds to developers. For FY 2010-11 the Town has $150,000 in expenditures planned from the
Storm Water Runoff Fund for culvert and storm drain repairs and other improvements identified
in the Tiburon Storm Drain Master Plan. This amount of expenditure would exceed the total
amounts collected over the past two fiscal years, meaning that there would be no monies
remaining in the account that were received more than two years prior. This is a healthy :state of
affairs from a fee reporting standpoint.
RECOMMENDATION
Staff recommends that the Town Council adopt the attached Resolution as part of the Consent
Calendar.
EXHIBITS
1. Draft Resolution.
Prepared by: Scott Anderson, Director of Community Development ly,~~
RESOLUTION NO. XX-2011
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON MAKING CERTAIN FINDINGS REGARDING
FEES COLLECTED FOR STORMWATER RUNOFF PURPOSES
The Town Council of the Town of Tiburon does hereby resolve as follows:
WHEREAS, for the past several years, the Town of Tiburon has assessed
stormwater runoff impact fees in conjunction with building permits creating new impervious
surface in order to partially offset the cost of upgrading the Town's public drainage system; and
and
WHEREAS, the Town began collecting stormwater runoff impact fees in 2005;
WHEREAS, pursuant to the California Government Code, the Town Council is
required to make certain findings relative to unexpended funds collected for such purposes after
the fifth fiscal year in which the initial deposit is made, and
WHEREAS, the Town has prepared the required documentation regarding the
unexpended fees and such documentation has been available for public review for at least fifteen
(15) days, and
WHEREAS, the Town Council received the required documentation in the form
of a Staff Report prior to its meeting of January 5, 2011 and held a public hearing on the matter
on January 5, 2011.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby make the following findings relative to its unexpended stormwater runoff
fees.
1. Purpose of the Fees. The Town Council finds that the purpose of the
strormwater runoff fees is to partially offset the costs of upgrading, enhancing,
and/or rehabilitating the Town's storm drain system to accommodate drainage
water resulting from the creation of new impervious surfaces' resulting from
construction activity.
2. Reasonable Relationship Between the Fees and the Purpose for which they are
Charged. The Town has conducted studies and analyses regarding the extent of its
storm drain system and the estimated cost of its future rehabilitation. The Town's
future storm drainage rehabilitation costs are estimated at $12,210,100 in the GASB
34 Infrastructure Valuation Study (hereafter "GASB Analysis"), prepared by the
Tiburon Town Council Resolution No. XX-2011 XX11XX12011 1
engineering firm of Harris & Associates, dated March 3, 2004, and available for
review in the Office of the Town Engineer. The Town Engineer also prepared the
Town of Tiburon Drainage Impact Fee Analysis (hereafter "Fee Analysis"), revised
March 29, 2004, available for review in the office of Town Engineer, which
estimates an impervious surface total for the Town of 12.17 million square feet that
contributes to stormwater runoff. The Town has also caused to be prepared the Town
of Tiburon Storm Drainage Master Plan, conducted by the engineering firm of
CSW/Stuber-Stroeh and dated May 1, 2008, that extensively identifies needed
upgrades to the Town's public storm drain system. This Plan may be viewed in the
office of the Town Engineer. Based on these studies, the proportionate unit cost to
rehabilitate the storm drain system is approximately $1.00 per square foot of
impervious surface.
3. Need for the Fees. In the judgment of the Town Council, the current storm drain
system will not be sufficient to accommodate the amount of runoff likely to be
generated by new impervious surfaces in the foreseeable future. Without significant
drainage improvements, the Town's storm drain system will likely deteriorate to a
point where flooding and property damage would occur.
4. Sources and Amounts of Funding Anticipated to Complete Financing of
Improvements. The Town Council finds as follows:
a. The Town of Tiburon uses the Tiburon Storm Drainage Master Plan to
help prioritize its stormwater drainage system upgrade and/or
rehabilitation. The total cost estimate for the complete list of upgrades to
the system approaches $11 million. The fund balance at the end of FY
2009-10 was $159,885.
b. Stormwater drainage system upgrade and rehabilitation is an ongoing
process. As long as new construction, remodeling, and other construction-
related activity occurs in the Town that creates new impermeable surfaces,
stormwater drainage system upgrades will be required.
5. Approximate Dates When Necessary Funding is Anticipated to be Deposited.
The Town Council finds that stormwater drainage upgrading, enhancement and
rehabilitation is an ongoing process. As long as new construction, remodeling,
and other construction-related activity occurs in the Town that creates new
impervious surfaces, stormwater drainage system upgrades will be required.
Typically, stormwater impact fees are expended within 2-3 years of collection.
Tiburon Town Council Resolution No. XX-2011 XX//XX/2011 2
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon, State of California, held this 5th day of January, 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S. IAdministrationITown CouncilTesolutions120111Stormwater impact findings resolution 2011.doc
Tiburon Town Council Resolution No. XX-2011 XX//XX/2011 3
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subj ect:
Reviewed by:
BACKGROUND
Mayor & Members of the Town Council
Community Development Department
Town Council Meeting
January 5, 2011
Agenda Item: C~
Housing In-lieu Impact Fees: Required Five-Year Reporting and
Findings (Adopt Resolution)
As part of the Town's implementation of its General Plan Housing Element policies and
programs, the Town requires developers of housing projects that do not provide affordable
housing units on-site or off-site to contribute to an affordable housing in-lieu fund. The
mechanism is enforced through Article VII of the Tiburon Zoning Ordinance (Inclusionary
Housing and Density Bonuses). The fees have been used over the years to purchase affordable
housing units, maintain affordable units owned by the Town, fund payments to the Marin Renters
Rebate Program, and make loans to the Marin Housing Authority for the construction.of
additional affordable units in Tiburon.
As in-lieu housing fees may constitute a "development fee" pursuant to Government Code section
66000, the Town may be required to make periodic findings regarding the collection, retention,
and expenditure of these funds. In an abundance of caution, the Town is preparing this report in
the event that affordable housing in-lieu fees are actually found subject to provisions of Section
66001 of the Government Code. The purpose of this report is to provide background information
in support of the findings that will be adopted by resolution.
The Town of Tiburon has been collecting affordable housing in-lieu fees for approximately 25
years. Only fees collected after January 1, 1989 are subject to the state-mandated
reporting/findings procedure, as this requirement was not made retroactive by the Legislature in
its adoption of AB 1600 in 1988. Findings regarding unexpended monies are required to be made
every fifth fiscal year. The Town Council most recently adopted the findings for housing in-lieu
fees on January 4, 2006. As there were no developer contributions subject to AB 1600 remaining
in the fund at that time, this report addresses only fund activity for the past five fiscal years.
ANALYSIS
In the past five (5) fiscal years, the Town has received revenues of $343,660 into the housing in-
lieu fund, and has expended $508,100 from the account, mostly to purchase a unit in the Point
Tiburon Marsh development and maintain its existing affordable housing inventory. In short, the
Town has expended more housing in-lieu funds than it has accumulated through developer
contributions (including interest earned on those contributions) for the past five years. Therefore,
the Town has no exposure to any potential claims for a return of unexpended housing in-lieu
funds to developers.
REQUIRED FINDINGS
The Tiburon Municipal Code states as follows:
No later than January 30 of each year, the Town Manager shall prepare a report for the
Town Council to make findings with respect to any fees in the Town-wide housing in-lieu
fund remaining unexpended or uncommitted for five years or more after their deposit.
The findings shall identify the purpose to which the fees are to be put and shall
demonstrate a reasonable relationship between the fees and the purpose for which they
were collected. The findings need only be made for moneys in the possession of the
Town.
The report for fiscal year 2009-2010 is set forth as a separate item on this agenda for Council
acceptance. Findings for the most recent five fiscal-year cycle are made in the attached
Resolution (Exhibit 1).
RECOMMENDATION
Staff recommends that the Town Council adopt the attached Resolution as part of the Consent
Calendar.
EXHIBITS
1. Draft Resolution.
Prepared by: Scott Anderson, Director of Community Development
RESOLUTION NO. XX-2011
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
MAKING CERTAIN FINDINGS REGARDING FEES
COLLECTED FOR AFFORDABLE HOUSING PURPOSES
The Town Council of the Town of Tiburon does hereby resolve as follows:
WHEREAS, the Town of Tiburon has collected housing in-lieu fees since
adoption of Ordinance No. 339 N.S. in November of 1988, prior to legislation regarding annual
fee reporting. Pursuant to the California Government Code, the Town Council may be required
to make certain findings relative to unexpended funds collected for in-lieu housing purposes on a
five-year basis; and
WHEREAS, pursuant to Section 16-70.090 of the Tiburon Municipal Code, the
Town Manager shall annually prepare a report to the Town Council with respect to unexpended
funds; and
WHEREAS, the Town has prepared such documentation regarding the housing
in-lieu fees and such documentation has been available for public review for at least fifteen (15)
days prior to the scheduled public hearing, and
WHEREAS, the Town Council received the documentation in the form of a Staff
Report prior to its meeting of January 5, 2011 and held a public hearing on the matter on January
5, 2011.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of
Tiburon does hereby make the following findings relative to its unexpended housing in-lieu fees.
Purpose of the Fees. The Town Council finds that the purpose ofthe housing in lieu
fees is to enhance the public welfare by ensuring that further housing development
contributes to the attainment of the Town's General Plan Housing Element goals,
policies and programs by (1) increasing the stock of dwelling units accessible to the
handicapped; (2) increasing the stock of dwelling units affordable by households of
low or moderate income; and (3) requiring housing in-lieu fee contributions for the
production or preservation of affordable units. Revenues collected (including interest
earned) shall be used for the following purposes:
a. Design and construction of permanently affordable units.
Tiburon Town Council Resolution No. XX-2011 Page 1 of 3
b. Other actions which would directly preserve, conserve, rehabilitate, or
increase the supply of affordable units in the Tiburon Planning Area.
The aforementioned goals, policies, and programs are found in the Tiburon General
Plan Housing Element, copies of which are available at Town Hall and on the
Town's web site at www.ci.tiburon.ca.us.
2. Reasonable Relationship Between the Fees and the Purpose for which they
are Charged. Housing in-lieu fees are calculated on the basis of the difference
between the affordable purchase price of a dwelling unit for which a moderate
income family (earning 80% of median income) can qualify, and the estimated
cost of constructing a market rate unit of appropriate size. The Town Council
finds that the justification and the mechanism for calculating fees are adequately
set forth in Chapter 14B and in Chapter 16, Article VII of the Tiburon Municipal
Code, which is available for public review at Tiburon Town Hall and on the
Town's web site at www.ci.tiburon.ca.us.
3. Sources and Amounts of Funding Anticipated to Complete Financing of
Improvements.
a. The Town Council finds that affordable housing projects constructed in
southern Marin County are generally required to be heavily subsidized in order to
be economically feasible. This is primarily due to very high land and
development costs, although other factors, such as environmental sensitivity, also
play a role.
b. The Town Council finds that the creation of affordable housing units is an
ongoing process, largely driven by the State of California's affordable housing
policies as implemented through the Housing Element revision and regional fair
share allocation processes. The Town adopted a new Housing Element on
September 7, 2005, which identifies several new sites as affordable housing
opportunity sites upon which housing in-lieu fees are anticipated to be expended.
The Housing Element is available for review at Tiburon Town Hall and on the
Town's web site at www.ci.tiburon.ca.us. The Town's Redevelopment Agency
has also adopted as Housing Implementation Plan that identifies several housing
sites in the Redevelopment Project Area for project's containing affordable
housing. That Plan is available for review at Tiburon Town Hall.
C. The Town Council finds that the Town of Tiburon housing in-lieu funds,
while helpful to the financing of affordable housing projects, are by no means
constitute the primary funding source for such projects. The Town is reliant on
other property owners for its affordable housing sites as it does not own any of
these sites. Many other sources of funding are typically used in the production of
Tiburon Town Council Resolution XX-2011 Page 2 of 3
affordable housing developments, which dwarf any subsidy provided by the
Town's housing in-lieu fund. The Town Council therefore further finds that the
collection and expenditure of housing in-lieu fees is an ongoing process for which
the funding on hand ($1.3 million) will not be sufficient to insure actual
production of affordable housing sufficient to meet the Town's regional fair share
housing allocations. Therefore, the sources and amounts of funding anticipated as
necessary to complete the financing of affordable housing improvements are
unknown and will vary from project to project.
4. Approximate Dates When Necessary Funding is Anticipated to be Deposited.
As stated above, the production of affordable housing is an ongoing process. The
Town Council finds that housing in-lieu funds collected will be expended toward
the purposes stated above and will be used in a timely fashion as new affordable
housing project sites are identified and development is pursued. The Town
Council anticipates that all funds currently in the Town's in-lieu housing fund that
are subject to the provisions of Government Code Section 66000 et seq. will be
expended within five years.
In adopting this resolution, the Town Council neither admits nor implies that the above
findings are required by law for its housing in-lieu fees.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon, State of California, held this 5th day of January, 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S:Wdministration\Town Council\Resolutions\201 Mousing in-lieu fees 2011 reso.doc
Tiburon Town Council Resolution XX-2011 Page 3 of 3
To:
From:
Subject:
Reviewed By:
BACKGROUND
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Office of the Town Clerk
2011 Town Council Committee Appointments
Town Council Meeting
January 5, 2011
Agenda Item: A-T-1
Members of the Town Council are appointed by the Council to serve on a variety of local and
regional committees, and joint powers authorities. They also serve on ad hoc Town committees,
formed to study specific issues or projects, such as revisions to the Town's smoking ordinance,
and the Ned's Way recreation building site.
The Town Council reorganized in December 2010; it is now timely to review the list of
committee appointments and make any new assignments, if needed.
ANALYSIS
At the December 1, 2010 meeting, Councilmember Fredericks asked about the vacancy on the
ICLEI committee. ICLEI is an international association of local governments formed to study
climate change and sustainability issues, and the Marin Climate and Energy Partnership (MCEP)
was formed to local affiliate with this broader mission.
The Town voted to join ICLEI in 2008 (Resolution No. 03-2008). At that time, it appointed a
staff member and a member of the Town Council to act as voting delegate and representative.
Former Councilmember Miles Berger agreed to serve as the voting delegate; Associate Planner
Laurie Tyler continued to attend monthly meetings of the Marin Climate and Energy Partnership
(MCEP) as staff liaison, both during Councilmember Berger's tenure and after his departure.
The staff liaisons of MCEP report back to their respective managers and councils on
sustainability and climate issues, and would seek direction from their cities if decisions of a
monetary or policy nature were needed. Since there has not been any pressing need for a council
representative to serve on the ICLEI committee over the last two years, staff recommends that the
"vacancy" listed on the Council Committee Appointments list be dropped from the roster at this
time.
RECOMMENDATION
Staff recommends that the Town Council:
1. Review the 2010 Town Council Committee roster and make any new or revised
appointments for 2011;
2. Direct staff to delete the "vacancy" on the ICLEI committee.
Exhibit: 2010 Tiburon Town Council Committee Appointments
Prepared By: Diane Crane Iacopi, Town Clerk
TIBURON TOWN COUNCIL
COMMITTEE APPOINTMENTS
2010
STATE & REGIONAL AGENCIES
1. ASSOCIATION OF BAY AREA GOVERNMENTS
(General Assembly meets in April and October)
Jim Fraser, Delegate
Emmett O'Donnell, Alternate
2. MARIN ENERGY AUTHORITY BOARD OF DIRECTORS
(Meets I" Thursday from 7-9 p.m. at 1 McGinnis Parkway, San Rafael)
Dick Collins, Delegate
Jeff Slavitz, Alternate
3. PRIORITY-SETTING COMMITTEE FOR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAMS (CDBG)
(Meets twice a year in Marin City and at Civic Center)
Emmett O'Donnell, Delegate
Jim Fraser, Alternate
4. LEAGUE OF CALIFORNIA CITIES
(Meets quarterly and at the Annual Conference in September; other events as published)
• Director, representing North Bay Division (elected July 2008; re-elected
2010)
• Transportation, Communication & Public Works State Policy Committee -
(2-year appointment by League President)
Alice Fredericks
5. INSTITUTE FOR LOCAL GOVERNMENT (ILG) BOARD OF DIRECTORS
(Research affiliate of California State Association of Counties & League of
California Cities)
(Meets quarterly; meetings rotate between Northern & Southern California)
Director (appointed by League of CA Cities Board of Directors)
Alice Fredericks
6. MARIN CLIMATE ENERGY PARTNERSHIP (ICLEI)
Local Governments for Sustainability (Meets I" Thursday, San Rafael City Hall)
[Vacant] Delegate (ICLEI)
Laurie Tyler, Staff Liaison & voting board member (Marin Climate Energy
Partnership)
7. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS
(Meetings scheduled as needed)
Police Chief Michael Cronin
Jeff Slavitz, Alternate
Capt. David Hutton, 2"d Alternate
Adopted January 6, 2010; updated October 20, November 17, and December 1, 2010 Page I of 4
8. MARIN TELECOMMUNICATIONS AGENCY BOARD OF DIRECTORS
(Meets 2"d Wednesday fi-om 7-9 p.m., San Rafael City Hall)
Jim Fraser, Delegate
Jeff Slavitz, Alternate
9. REGIONAL AIRPORT PLANNING COMMITTEE (ABAG, MTC,
BCDC) (Meetings scheduled as needed)
Alice Fredericks, at large appointee by MTC (representing Marin County)
10. RICHARDSON BAY REGIONAL AGENCY BOARD OF DIRECTORS
(Meets monthly on 2nd Wednesday at 6:00 p.m. - Sausalito City Hall)
Emmett O'Donnell, Delegate
Jeff Slavitz, Alternate
11. TRANSPORTATION AUTHORITY OF MARIN BOARD OF DIRECTORS
(Meets monthly on 4th Thursday at 7:30 p.m. - Board of Supervisors Chambers, Civic Center)
[Four year terms, effective May 1, 2008]
Alice Fredericks, Delegate
(Ms. Fredericks also serves as the cities' Southern Marin Representative to the
Executive Committee, as well as TAM'S representative to MCCMC)
Dick Collins, Alternate
12. CITIZEN'S ADVISORY COMMITTEE OF THE
WATER EMERGENCY TRANSIT AUTHORITY
(Meetings scheduled as needed)
Emmett O'Donnell, Delegate
Alice Fredericks, Alternate
II. LOCAL AGENCIES/COMMITTEES
1. BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL
(Meets bi-monthly on 2nd Tuesday from 4:00 - S: 30 p.m. in the Town Council Chambers)
Jim Fraser, Town Council Representative
2. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE
(Meets bi-monthly on 3rd Monday in the Town Hall Community Room)
Jim Fraser, Town Council Liaison
Adopted Januw v 6, 2010; updated October 20, November 17, and December 1, 2010 Page 2 of 4
III. TOWN AD HOC COMMITTEES
(Meetings scheduled as needed)
1 2010-2011 BUDGET
i. Alice Fredericks
ii. Jeff Slavitz
2 DEL MAR LITIGATION
i. Dick Collins
ii. Emmett O'Donnell
3 PARADISE DRIVE AGREEMENT
i. Alice Fredericks
ii. Jeff Slavitz
4 MARTHA PROPERTY APPLICATIONS
i. Dick Collins
ii. Alice Fredericks
5 LEGISLATIVE ACTION (Mayor/MCCMC Representative)
i. Alice Fredericks
ii. Jeff Slavitz
6 CORPORATION YARD REDEVELOPMENT
i. Dick Collins
ii. Emmett O'Donnell
7 LYFORD DRIVE PARKING
i. Dick Collins
ii. Emmett O'Donnell
8 RECREATION MASTER PLAN
i. Alice Fredericks
ii. Jeff Slavitz
9 DOWNTOWN ISSUES
1. nick Loinns
ii. Jim Fraser
10 SMOKING ORDINANCE
i. Alice Fredericks
ii. Jim Fraser
11 NED' S WAY PROJECT
i. Jim Fraser
ii. Emmett O'Donnell
Adopted January 6, 2010; updated October 20, November 17, and December 1, 2010 Page 3 of 4
12 REVIEW OF GARBAGE (MVRS) CONTRACT
i. Richard Collins
ii. Emmett O'Donnell
V. MCCMC APPOINTMENTS
• Elected by MCCMC
Local Agency Formation Commission (LAFCO)
(Meets second Thursday at 7: 00 p.m., San Rafael Council Chambers)
Jeff Slavitz
• Town Appointments to MCCMC Committees
1. Legislative Committee
(Meets4thd Monday at 8: 00 a.m., San Rafael City Hall)
Alice Fredericks (also serves as Chair)
Dick Collins, alternate
2. JPA Oversight Committee
(Meetings scheduled as needed)
Jim Fraser, delegate
Jeff Slavitz, alternate
3. Marin Green BERST (Green Building, Enerav Retrofit and Solar
Transformation Collaborative)
(Meetings scheduled as needed)
John Kunzweiler, delegate (Planning Commissioner)
Emmett O'Donnell, alternate
4. Pension Reform Subcommittee
(Meetings scheduled as needed; will report quarterly to MCCMC; sunsets in 2011)
Emmett O'Donnell, delegate
Jeff Slavitz, alternate
VI. TOWN APPOINTMENTS IN OTHER AREAS OF INTEREST
MarinMap Steering Committee-
(Meetings scheduled as needed)
Nicholas Nguyen
Chad Monterichard, Alternate
Marin County Hazardous & Solid Waste JPA
(Meets quarterly)
Town Manager Peggy Curran
Adopted January 6, 2010; updated October 20, November 17, and December 1, 2010 Page 4 of 4
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed by:
BACKGROUND
Mayor & Members of the Town Council
Community Development Department
Town Council Meeting
January 5, 2011
Agenda Item: /W-1
Amend Title IV, Chapter 13 (Building Regulations) of the Tiburon
Municipal Code to Adopt by Reference and with Modifications the
Latest State-Authorized Construction Codes; File MCA 2010-03
From time to time the State of California adopts updated construction codes and allows local
governments a 180-day window to adopt those codes with modifications. The new state codes
went into effect on January 1, 2011 and the Town has until June 30, 2011 to make any local
modifications provided that the state-adopted codes continue to represent minimum requirements.
Local governments are allowed to make modifications to the standardized codes under limited
circumstances and Tiburon and most other municipalities regularly do so. The ordinance before
the Town Council contains the Town's adoption of the construction codes, with modifications for
local conditions, and incorporates by reference and ratifies the two local Fire Districts'
modifications to the Fire Code.
ANALYSIS
There are two significant changes to the construction codes adopted by the state during this
triennial cycle: the introduction of the 2010 California Residential Code (CRC) and 2010 Green
Building Standards Code (CGBSC or CalGreen). The CRC applies to the construction or
alteration of one- and two-family dwellings and associated accessory structures, and contains
standards and requirements more closely tailored to residential construction. There are numerous
organizational changes, section changes, and appendix changes associated with this new code.
Because this code applies to the vast majority of construction projects within the Town, it will be
carefully evaluated over the coming months by Town staff and, if warranted, amendments for
local modifications will be recommended to the Town Council for consideration. Of particular
concern are the structural provisions, which deviate substantially from those found in previous
codes.
The CGBSC, or CalGreen, is the nation's first state-wide green building code and applies to
newly constructed residential and commercial buildings and, by adoption of this Ordinance,
additions to existing dwelling units that constitute at least five hundred square feet of conditioned
floor area, additions to existing nonresidential buildings that equal or exceed three thousand
To\v n Cotmn it ~lectin
allt ary 7, 200
square feet, and all Town-sponsored projects. At this point in time, Town staff is recommending
adoption of CalGreen in its basic form, without the more rigorous Tier 1 or Tier 2 green
provisions that are optional for adoption under the state code. Over the next several months,
Town staff will evaluate these options, as well as the locally-created Green BERST option being
adopted by a few cities in Marin, and will return with recommendations for which program seems
best suited to the Town's goals and processes. The Town's current Green Regulations, set forth in
the Zoning Ordinance, would be repealed following adoption of CalGreen, as they are in conflict
with the new state code.
ENVIRONMENTAL STATUS
This project is ministerially exempt from the requirements of CEQA.
STAFF RECOMMENDATION
Following a public hearing, staff recommends that the Town Council:
1. Hold a public hearing and consider any testimony.
2. Move to read by title only and introduce the ordinance (Exhibit 1) amending Title IV, Chapter
13 (Building Regulations) of the Tiburon Municipal Code to adopt updated construction codes
with modifications.
EXHIBITS
1. Draft Ordinance
Prepared by: Fred Lustenberger, Building Official
Scott Anderson, Director of Community Development
T()\\ ()1-l-1Rl I:c~\ 1,11"c , 2
ORDINANCE NO. XXX N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING PROVISIONS OF TITLE IV,
CHAPTER 13 OF THE TIBURON MUNICIPAL CODE
(BUILDING REGULATIONS)
The Town Council of the Town of Tiburon does ordain as follows:
Section 1. Findings.
A. The Town Council has held A public hearing on January 5, 2011, and has heard and
considered any and all public testimony on this matter.
B. The Town Council finds that all notices and procedures required by law attendant to
the adoption of this Ordinance have been followed.
C. The Town Council finds that the amendments made by this Ordinance are necessary
for the protection of the public health, safety, and welfare.
D. The Town Council has found that the amendments made by this Ordinance are
consistent with the goals and policies of the Tiburon General Plan.
E. The Town Council finds that the adoption of this Ordinance is ministerially exempt
from the requirements of CEQA and is also exempt pursuant to Section 15061(b)
(3) of the CEQA Guidelines.
Section 2. Amendments.
Tiburon Municipal Code Title IV, Chapter 13 (Building Regulations) is hereby
amended as follows:
A. Article I (In General) of Chapter 13 of the Tiburon Municipal Code is
amended in its entirety to read as follows:
13-1 Building Inspection Division and Building Official position established.
(a) There is established a building inspection division of the town pursuant to
section 103 of the California Building Code as adopted in Article II of this
chapter.
(b) The position of building official is hereby established and the Building
Official shall act as the administrative head of the building division of the
town.
EYJIIBIT NO.
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 1 w
13-2 Permits required.
(a) Building permits. No person shall erect, construct, enlarge, alter, repair,
move, improve, remove, correct or demolish any building or structure in the
town, or cause the same to be done, without first obtaining a separate
building permit for each such building or structure, as required by the
Technical Codes adopted in Article II of this chapter, from the Building
Inspection Division.
(b) Plumbing permits. No person shall do or cause or permit to be done any
plumbing or sanitary drainage work without first obtaining a permit for such
work, as required by the Technical Codes adopted in Article II of this
chapter, from the building inspection division.
(c) Heating and comfort cooling permits. No person shall install, alter, construct
or repair any heating, ventilating, comfort cooling or refrigeration equipment
without first obtaining a permit for such work, as required by the Technical
Codes adopted in Article II of this chapter, from the Building Inspection
Division.
(d) Electrical permits. No person shall do any wiring or install any fixed
electrical equipment without first obtaining a permit for such work, as
required by the Technical Codes adopted in Article II of this chapter, from
the building inspection division.
(e) Excavation and grading permits. Except as exempted in Appendix J, Section
103.2 of the California Building Code adopted in Article II of this chapter,
no person shall do any excavating or grading without first obtaining a
grading permit from the building inspection division.
(f) Swimming pools and similar. No person shall install, alter or repair any
swimming pool, hot tub or spa without first obtaining a permit for such
work, as required by the Technical Codes adopted in Article II of this
chapter, from the building inspection division.
(g) The building official may impose supplemental permit conditions that are in
his reasonable discretion necessary to promote the public health, safety or
welfare.
13-3 Fees.
(a) Before any permit required by this chapter is issued, the applicant shall pay
to the building inspection division the prescribed fee as established by the
current Building Division Fee Schedule adopted by resolution of the town
council. If any work that requires a permit is commenced without a
permit having first been obtained, the fee for the required permit shall
be as set forth in the current Building Division Fee Schedule adopted
by resolution of the town council and the penalty shall be as set forth in
the current Schedule of Fines adopted by resolution of the town council.
(b) Where it is found that work is being done under this chapter without a permit
and that such work would, under the terms of this chapter, require a permit,
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 2
there shall be charged an investigation fee in the amount established in the
current Building Division Fee Schedule adopted by resolution of the
town council. The investigation fee shall be in addition to all other fees
and fines/penalties set forth in subsection (a).The fees and penalties
shall be paid before any application for permit shall be considered.
(c) Where more than one reinspection of any item requiring inspection has to be
made because work has not been ready or defects have not been corrected, a
fee, as established in the current Building Division Fee Schedule adopted by
resolution of the Town Council, will be charged for each additional
reinspection, and shall be paid before final approval of the work.
(d) No permit for new work on a property shall be issued until all outstanding
fines, fees, and/or penalties have been paid and all inspections completed on
work performed under previously-issued permits that have not been finaled
and have expired by limitation.
B. Article II (Technical Codes) of Chapter 13 of the Tiburon Municipal Code is
amended in its entirety to read as follows:
13-4 Adoption by reference of technical codes.
For the purpose of establishing proper regulations for building construction,
for the installation of plumbing, gas appliances and electrical systems, and
for the storage and handling of flammable liquids, the codes or portions
thereof set forth in this article are adopted and are made a part of this chapter
by reference without further publication or posting thereof, and not less than
one certified copy, along with the deletions and exceptions therefrom and
additions and amendments thereto, shall be kept on file for use and
examination by the public in the office of the town clerk.
13-4.1 Building Code.
The Town Council hereby adopts, for the purpose of providing minimum
requirements for the protection of life, limb, health, property, safety and
welfare of the general public, that certain code known as the 2010 California
Building Code, (based on the International Building Code, 2009 Edition),
Volume 1 and Volume 2, including the following appendices: Appendix
Chapter 1, and Appendices F, H, I and J as published by the California
Building Standards Commission in the California Code of Regulations, Title
24, Part 2, hereinafter referred to as the "California Building Code", save
and except such portions as are hereinafter amended or modified by Section
13-4.1.1 of this chapter.
13-4.1.1 Amendments made to the 2010 California Building Code.
The California Building Code is amended to read as follows:
Town of Tiburon Ordinance No. XXX N. S. Effective 442011 Page 3
(a) Section 1.8.5.1 is amended to read as follows:
1.8.5.1 General. Subject to the provisions of law, including Code of Civil
Procedure Section 1822.50 et. seq., officers and agents of the building
official may enter and inspect public and private properties to secure
compliance with the provisions of this code and the rules and regulations
promulgated by the department of housing and community development. For
limitations and additional information regarding enforcement, see the
following:
(The remainder of this section is unchanged.)
(b) Section 1.8.8.1 is amended by adding a sentence to the end that reads as
follows:
Nothing contained in this section shall prevent the town council from
appointing the town council as the local appeals board or housing appeals
board.
(c) Chapter 1, Division II is modified as follows:
(1) Section 104.6 is amended to add the following phrase to the end of the
last sentence:
including the warrant provisions of Section 1822.50 et. seq. of the Code of
Civil Procedure of the State of California."
(2) Section 105.2 is amended to delete subsections 2, 4, 5, 6, and 12, and to
revise subsections 1 and 7 as follows:
1. Detached accessory structures used as playhouses or play structures
providing the floor area does not exceed 120 square feet, the structure does
not exceed twelve feet in height as defined by Article X. Section 16-
100 of the Tiburon Municipal Code, and the structure contains no plumbing,
electrical or heating appliances.
7. Painting, papering, tiling, carpeting, counter tops and similar finish work,
except that repaving and/or restriping of parking lots shall require a permit.
(3) Section 105.5 is amended to read as follows:
1. All permits issued by the Building Official shall expire by
limitation and become null and void eighteen months from the date
the permit is issued, except as follows: _
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 4
a. Where the project is unusually large or complex, a twenty-
four month permit may be issued in the reasonable discretion
of the Building Official at the time of initial application; or
b. Where the permittee has proceeded with due diligence and
made substantial progress but is unable to complete the
project because of unforeseen circumstances beyond the
control of the permittee, one extension of up to six months
may be granted, without payment of additional fees or
penalties. In determining whether due diligence has been
exercised, the Building Official shall consider whether work
began promptly after permit issuance, whether work was
conducted on a regular basis and any other relevant facts.
Decisions of the Building Official made pursuant to this
paragraph may be appealed to the local appeals board.
2. Once the initial permit and/or approved six month extension has
expired, a Stop Work Order shall be issued and work shall not
recommence until the permit is reactivated. Reactivation shall be
allowed only if there have been no changes in the original plans and
specifications and a Reactivation Charge equal to the full original fee
is paid. A Reactivation Charge, for purposes of this section, is both a
fee to recover the cost of providing additional building inspection
division services and a penalty for failure to complete the project
within the allotted time. A permit reactivated under this subsection
shall be valid for six months from the date of initial expiration.
3. If the project is not completed within the six month extension
allowed under subsection (2) above, a Stop Work Order shall be
issued on the date of expiration and work shall not recommence until
the permit is reactivated. Reactivation of the permit for a second six
month period shall be allowed only if there have been no changes in
the original plans and specifications and a Reactivation Charge equal
to three times the full original fee is paid. The Building Official may,
in his sole discretion, reduce the penalty based on such reasons as the
project's nearness to completion and/or the cause of the delay. A
permit reactivated under this subsection shall be valid for an
additional six months from the date of initial expiration.
4. If the project is not completed within the six month extension
allowed under subsection (3) above, a Stop Work Order shall be
issued and the matter referred to the local appeals board for
resolution. The local appeals board may reactivate the permit upon
submission and acceptance of a completion schedule for the project
and payment of five times the full original fee as a Reactivation
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 5
Charge, and provided that there have been no changes in the original
plans and specifications. The local appeals board may, in its sole
discretion, reduce the penalty based on such reasons as the project's
nearness to completion and/or the cause of the delay.
5. If the project is not completed within the six month extension
allowed under subsection (4) above, or pursuant to this subsection
(5), a Stop Work Order shall be issued and the matter referred to the
local appeals board for resolution. The local appeals board may
impose additional requirements, such as the retention of a qualified
contractor for owner/builder projects or retention of a qualified
construction manager for a contracted project, in order to promote
swift completion. The local appeals board may reactivate the permit
upon imposition of any such conditions deemed reasonable, and
payment of five times the full original fee as a Reactivation Charge,
provided that there have been no changes in the original plans and
specifications.
(5) Section 109.2 is amended to read as follows:
109.2 Schedule of Fees.
On buildings, structures, electrical, gas, mechanical and plumbing system
alterations requiring a permit, a fee for each permit shall be required as set
forth in the Building Division Fee Schedule as adopted by resolution of the
Tiburon Town Council and amended from time to time.
(6) Section 109.4 is amended to read as follows:
109.4 Work commencing before permit issuance.
Any person who commences any work without a permit on a
building, structure, electrical, gas, mechanical or
plumbing system before obtaining the necessary permits shall be
subject to a penalty as set forth in the
Town's Schedule of Fines, established by resolution of the
Tiburon Town Council and amended from time to time.
(7) Section 113.3 is amended by adding thereto the following sentence:
Nothing contained in this section shall prevent the town council from
appointing the town council as the board of appeals.
(d) Section 501.2 is amended to read as follows:
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 6 .
501.2 Address Numbers.
1. The following standards for address markings shall apply to
residential buildings:
a. All residential structures shall display a street number in a
prominent position so that it shall be easily visible from the
street. The numerals in these numbers shall be no less than
four inches in height, and one-half inch in width, of a color
contrasting to the background and located so they may be
clearly seen and read. If a building is not easily visible from
the street, then the numbers are to be mounted at the access
drive leading to the building.
b. At each vehicular access to a multiple family dwelling
complex having four or more buildings, there shall be an
illuminated diagrammatic representation (plot plan) of the
complex, which shows the location of the viewer and the
building units within the complex.
C. In multiple family dwelling complexes, any building having a
separate identifying factor other than the street number shall
be clearly identified in the manner described in subsection a.
Each individual unit of residence shall have a unit identifying
number, letter, or combination thereof displayed upon the
door.
d. Maps of the multiple family complex will be furnished to the
police and fire departments upon completion of construction.
The maps shall include building identification and unit
identification.
e. Buildings shall be numbered in such a manner and sequence
as to meet with the approval of the enforcing authority.
f. This section shall not prevent supplementary numbering such
as reflective numbers on street curbs or decorative
numbering, but this shall be considered supplemental only
and shall not satisfy the requirements of this section.
2. The following standards for address markings shall apply to
commercial buildings:
a. The address number of every commercial building shall be
located and displayed so that it shall be easily visible from the
street.
b. The numerals in these numbers shall be no less than six
inches in height, one-half inch in width, and of a color
contrasting to the background. In addition, any business
which affords vehicular access to the rear through any
Town of Tiburon Ordinance No. XXX N. S. Effective 442011 Page 7
driveway, alleyway, or parking lot shall also display the same
numbers on the rear of the building.
C. When required by the building official, approved numbers or
addresses shall be placed on all new and existing buildings in
such a position as to be plainly visible and legible from the
fire apparatus road at the back of a property or where rear
parking lots or alleys provide an acceptable vehicular access.
Number height and width shall comply with Section 501.2.
(e) Section 903.2, first sentence, is amended to read as follows:
903.2 Where required.
Approved automatic sprinkler systems in new buildings and structures shall
be provided in the locations described in this section, provided that where
applicable code provisions adopted by either the Tiburon Fire Protection
District or Southern Marin Fire Protection District are more restrictive, the
latter shall control.
(f) Section 1013.1 is amended by adding the following sentence:
Guards are also required at waterfront bulkheads, fixed piers and gangways.
(g) Section 1505 is amended to read as follows:
The roof covering on any structure regulated by this code shall be as
specified in California Building Code Chapter 15 with the following
conditions:
1. All new buildings and new additions shall have at least a Class A-
listed or noncombustible roof covering.
2. Where alterations or repairs to existing roofs involve more than fifty
percent of the total area of an existing building within a one year
time period, the entire roof shall be retrofitted with at least a Class A-
listed or noncombustible roof.
3. Where applicable code provisions adopted by either the Tiburon Fire
Protection District or Southern Marin Fire Protection District are
more restrictive, the latter shall control.
(h) Appendix J "GRADING" is amended as follows:
J103.3 Grading Permit Fees. Fees shall be as set forth in the Building
Division Fee Schedule established by resolution of the Tiburon Town
Council as amended from time to time.
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 8
J 110.3 Mud, Loose Dirt, or Debris on Public Street. No person, firm or
corporation who has a valid building, demolition or grading permit shall
permit any mud, loose dirt or debris to be removed from the job site and
deposited on any public street or sidewalk.
13-4.2 Residential Code.
The Town Council hereby adopts, for the purpose of providing minimum
requirements for the protection of life, limb, health, property, safety, and welfare of
the general public, that certain code known as the 2010 California Residential Code
(based on the International Residential Code, 2009 edition), including Appendices
G, H, and J published by the International Code Council, and as amended by the
California Building Standards Commission in the California Code of Regulations,
Title 24, Part 2.5, hereinafter referred to as the "California Residential Code," save
and except such portions as are hereinafter amended or modified by Section 13-
4.2.1 of this chapter.
13-4.2.1 Amendments to the 2010 California Residential Code.
The 2010 California Residential Code is amended as follows:
(a) Section 1.8.5.1 is amended to read as follows:
1.8.5.1 General. Subject to the provisions of law, including Code of Civil
Procedure Section 1822.50 et. seq., officers and agents of the building
official may enter and inspect public and private properties to secure
compliance with the provisions of this code and the rules and regulations
promulgated by the department of housing and community development.
For limitations and additional information regarding enforcement, see the
following:
(The remainder of this section is unchanged.)
(b) Section 1.8.8.1 is amended by adding a sentence to the end that reads as
follows:
"Nothing contained in this section shall prevent the town council from
appointing the town council as the local appeals board or housing appeals
board."
(c) Chapter 1, Division II is modified as follows:
(1) Section 104.6 is amended to add the following phrase to the end of the last
sentence:
including the warrant provisions of Section 1822.50 et. seq. of
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 9 .
the Code of Civil Procedure of the State of California."
(2) Section 105.2 is amended to delete (building) subsections 2, 3, 4, 5, 9, and
10, and to revise subsections 1 and 6 to read as follows:
1. Detached accessory structures used as playhouses or play
structures providing the floor area does not exceed 120 square
feet, the structure does not exceed twelve feet in height as defined
by Article X, Section 16-100 of the Tiburon Municipal Code,
and the structure contains no plumbing, electrical or heating
appliances.
6. Painting, papering, tiling, carpeting, counter tops and similar
finish work, except that repaving and/or restriping of parking lots
shall require a permit.
(3) Section 105.5 is amended to read as follows:
Section 105.5 Expiration.
1. All permits issued by the Building Official shall expire by limitation
and become null and void eighteen months from the date the permit
is issued, except as follows:
a. Where the project is unusually large or complex, a twenty-
four month permit may be issued in the reasonable discretion
of the Building Official at the time of initial application; or
b. Where the permittee has proceeded with due diligence and
made substantial progress but is unable to complete the
project because of unforeseen circumstances beyond the
control of the permittee, one extension of up to six months
may be granted, without payment of additional fees or
penalties. In determining whether due diligence has been
exercised, the Building Official shall consider whether work
began promptly after permit issuance, whether work was
conducted on a regular basis and any other relevant facts.
Decisions of the Building Official made pursuant to this
paragraph may be appealed to the local appeals board.
2. Once the initial permit and/or approved six month extension has
expired, a Stop Work Order shall be issued and work shall not
recommence until the permit is reactivated. Reactivation shall be
allowed only if there have been no changes in the original plans and
specifications and a Reactivation Charge equal to the full original fee
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 10
is paid. A Reactivation Charge, for purposes of this section, is both a
fee to recover the cost of providing additional building inspection
division services and a penalty for failure to complete the project
within the allotted time. A permit reactivated under this subsection
shall be valid for six months from the date of initial expiration.
3. If the project is not completed within the six month extension
allowed under subsection (2) above, a Stop Work Order shall be
issued on the date of expiration and work shall not recommence until
the permit is reactivated. Reactivation of the permit for a second six
month period shall be allowed only if there have been no changes in
the original plans and specifications and a Reactivation Charge equal
to three times the full original fee is paid. The Building Official may,
in his sole discretion, reduce the penalty based on such reasons as the
project's nearness to completion and/or the cause of the delay. A
permit reactivated under this subsection shall be valid for an
additional six months from the date of initial expiration.
4. If the project is not completed within the six month extension
allowed under subsection (3) above, a Stop Work Order shall be
issued and the matter referred to the local appeals board for
resolution. The local appeals board may reactivate the permit upon
submission and acceptance of a completion schedule for the project
and payment of five times the full original fee as a Reactivation
Charge, and provided that there have been no changes in the original
plans and specifications. The local appeals board may, in its sole
discretion, reduce the penalty based on such reasons as the project's
nearness to completion and/or the cause of the delay.
5. If the project is not- completed within the six month extension
allowed under subsection (4) above, or pursuant to this subsection
(5), a Stop Work Order shall be issued and the matter referred to the
local appeals board for resolution. The local appeals board may
impose additional requirements, such as the retention of a qualified
contractor for owner/builder projects or retention of a qualified
construction manager for a contracted project, in order to promote
swift completion. The local appeals board may reactivate the permit
upon imposition of any such conditions deemed reasonable, and
payment of five times the full original fee as a Reactivation Charge,
provided that there have been no changes in the original plans and
specifications
(d) Section R319.1 is amended to read as follows:
R319.1 Address Numbers.
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 11 .
(1) The following standards for address markings shall apply to
residential buildings:
a. All residential structures shall display a street number in a
prominent position so that it shall be easily visible from the
street. The numerals in these numbers shall be no less than
four inches in height, and one-half inch in width, of a color
contrasting to the background and located so they may be
clearly seen and read. If a building is not easily visible from
the street, then the numbers are to be mounted at the access
drive leading to the building.
b. At each vehicular access to a multiple family dwelling
complex having four or more buildings, there shall be an
illuminated diagrammatic representation (plot plan) of the
complex, which shows the location of the viewer and the
building units within the complex.
C. In multiple family dwelling complexes, any building having a
separate identifying factor other than the street number shall
be clearly identified in the manner described in subsection a.
Each individual unit of residence shall have a unit identifying
number, letter, or combination thereof displayed upon the
door.
d. Maps of the multiple family complex will be furnished to the
police and fire departments upon completion of construction.
The maps shall include building identification and unit
identification.
e. Buildings shall be numbered in such a manner and sequence
as to meet with the approval of the enforcing authority.
f. This section shall not prevent supplementary numbering such
as reflective numbers on street curbs or decorative
numbering, but this shall be considered supplemental only
and shall not satisfy the requirements of this section.
(e) Section 1013.1 is amended by adding the following sentence:
"Guards are also required at waterfront bulkheads, fixed piers and
gangways."
(0 Sections R313.3, first sentence, is amended to read as follows:
R313.3 Where required.
Approved automatic sprinkler systems in new buildings and structures shall
be provided in the locations described in this section, provided that where
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 12
applicable code provisions adopted by either the Tiburon Fire Protection
District or Southern Marin Fire Protection District are more restrictive, the
latter shall control.
(g) Section R905 is amended to read as follows:
The roof covering on any structure regulated by this code shall be as
specified in California Residential Code Chapter 9 with the following
conditions:
1. All new buildings and new additions shall have at least a Class A-
listed or noncombustible roof covering.
2. Where alterations or repairs to existing roofs involve more than fifty
percent of the total area of an existing building within a one year
time period, the entire roof shall be retrofitted with at least a Class A-
listed or noncombustible roof.
3. Where applicable code provisions adopted by either the Tiburon Fire
Protection District or Southern Marin Fire Protection District are
more restrictive, the latter shall control.
13-4.3 Plumbing Code.
The Town Council hereby adopts, for the purpose of providing minimum
requirements for the protection of life, limb, health, property, safety and welfare of
the general public, that certain code known as the 2010 California Plumbing Code,
(based on the Uniform Plumbing Code, 2009 Edition), including Appendices A, B,
D, I, and L published by the International Association of Plumbing and Mechanical
Officials, and as amended by the California Building Standards Commission in the
California Code of Regulations, Title 24, Part 5, hereinafter referred to as the
"California Plumbing Code", save and except such portions as are hereinafter
amended or modified by Section 13-4.3.1 of this chapter.
13-4.3.1 Amendments made to the 2010 California Plumbing Code.
The 2010 California Plumbing Code is amended as follows:
(a) Section 1.8.5.1 is amended to modify the first sentence to read as
follows:
Section 1.8.5.1 General. Subject to the provisions of law, including
Section 1822.50 et. seq. of the Code of Civil Procedure of the State of
California, officers and agents of the building official may enter and
inspect public and private properties to secure compliance with the
provisions of this code. _
(The remainder of this section is unchanged)
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 13
(b) Section 1.8.8.1 is amended by adding the following sentence:
Nothing contained in this section shall prevent the town council from
appointing the town council as the local appeals board or housing appeals
board.
(c) Section 203.0 is amended to read as follows:
The definition of "AUTHORITY HAVING JURISDICTION" is
amended to read as follows:
AUTHORITY HAVING JURISDICTION The Authority Having
Jurisdiction shall mean the building official or his duly
authorized representative.
(d) Section 207.0 is amended as follows:
The definition of "ENFORCING AGENCY" is amended to read as
follows:
ENFORCING AGENCY The enforcing agency shall be the
Building Division of the Community Development Department of
the Town of Tiburon.
(e) Chapter 1, Division II is amended as follows:
(1) Section 101.1 is amended to read as follows:
These regulations shall be known as the California Plumbing
Code, may be cited as such, and will be referred to herein as "this
code".
(2) Section 103.2.1 is amended to read as follows:
103.2.1 Application. To obtain a permit, the applicant shall
apply to the Authority Having Jurisdiction for that purpose.
Every such application shall:
(The remainder of this section is unchanged.)
(3) Section 103.4.1 is amended to read as follows:
103.4.1 Permit Fees. Any person desiring a permit required
by this code shall, at the time of issuance therefore, pay a fee,
which fee shall be as set forth in the Building Division
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 14.
Fee Schedule adopted by resolution of the Tiburon Town
Council and amended from time to time.
(4) Section 103.4.2 is deleted.
(5) Section 103.5.6 is amended to replace the fourth paragraph
with the following:
To obtain reinspection, the applicant shall first pay the
reinspection fee in accordance with the Building Division Fee
Schedule adopted by resolution of the Tiburon Town Council
and amended from time to time.
(6) Table 1-1 is deleted.
(f) Section 701.1.2 is amended to read as follows:
ABS and PVC DWV piping installations shall be limited to
residential construction not more than two stories in height.
13-4.4 Electrical Code.
The Town Council hereby adopts, for the purpose of providing minimum
requirements for the protection of life, limb, health, property, safety and welfare of
the general public, that certain code known as the "2010 California Electrical Code"
(based on the National Electrical Code, 2008 Edition) as published by the National
Fire Protection Association, and as amended by the California Building Standards
Commission in the California Code of Regulations, Title 24, Part 3.
13-4.4.1 Amendments made to the 2010 California Electrical Code.
The California Electrical Code is amended or modified as follows:
(a) Section 89.108.4.2 is amended to read as follows:
89.108.4.2 Fees. Any person desiring a permit required by this code shall, at
the time of issuance thereof, pay a fee, which shall be as set forth in the
Building Division Fee Schedule adopted by resolution of the Tiburon Town
Council and amended from time to time.
(b) Section 89.108.5.1 is amended to modify the first sentence to read as
follows:
Section 89.108.5.1 General. Subject to other provisions of law, including
Section 1822.50 et. seq. of the Code of Civil Procedure of the State of
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 15 -
California, officers and agents of the Building Official may enter and inspect
public and private properties to secure compliance with the provisions of this
code.
(The remainder of this section is unchanged.)
(c) Section 89.108.8.1 is amended by adding the following sentence:
Nothing contained in this section shall prevent the Town Council from
appointing the Town Council as the local appeals board or housing appeals
board.
(d) Article 100 is amended to read as follows:
The definition of "Authority Having Jurisdiction" is amended to read as
follows:
Authority Having Jurisdiction (AHJ)-The Authority Having Jurisdiction
shall mean the Building Official or his or her duly authorized representative.
(e) Section 210.12 (B) is amended by adding the following sentence:
The provisions of this section shall apply to existing dwelling units when
electrical service panels or sub-panels are replaced or upgraded.
13-4.5 Fire Code.
The Town Council hereby adopts, for the purpose of providing minimum
requirements for the protection of life, limb, health, property, safety and welfare of
the general public, that certain code known as the 2010 California Fire Code, as
adopted and modified by the current Tiburon Fire Protection District and Southern
Marin Fire Protection District ordinances, which Code and ordinances are hereby
referred to, ratified, and made a part hereof as if fully set forth herein. Copies of
said ordinances are on file and available for public inspection in the office of the
town clerk.
13-4.6. Housing Code.
The Town Council hereby adopts, for the purpose of providing minimum
requirements for the protection of life, limb, health, property, safety and welfare of
the general public, that certain code known as the Uniform Housing Code, 1997
Edition, as published by the International Conference of Building Officials,
hereinafter referred to as the "Uniform Housing Code", save and except such
portions as are hereinafter changed or modified by Section 13-4.6.1 of this chapter.
Town of Tiburon Ordinance No. XXX N. S. Effective 442011 Page 16 .
13-4.6.1 Amendments made to the 1997 Uniform Housing Code.
The Uniform Housing Code is amended as follows:
(a) Section 103 is amended to revise the second sentence of the first
paragraph to read as follows:
Such occupancies in existing buildings may be continued as provided by the
California Existing Building Code, as contained in Title 24, Part 10 of the
California Code of Regulations, except such structures as are found to be
substandard as defined by this code.
(b) Section 104.1 is amended to read as follows:
Section 104.1 Additions, Alterations or Repairs. All buildings or
structures that are required to be repaired under the provisions of
this code shall be subject to the provisions of the California Existing
Building Code, as contained in Title 24, Part 10 of the California
Code of Regulations.
(c) Section 201.1 is amended to revise the first paragraph to read as
follows:
The building official and his designees are hereby authorized and directed
to enforce all of the provisions of this code. For such purposes, such officials
shall have the powers of law enforcement officers.
(d) Section 201.2 is amended to read as follows:
Section 201.2. Right of Entry. Whenever necessary to make an inspection to
enforce any of the provisions of this title, or whenever the building official
or his authorized representative has reasonable cause to believe that there
exists in any building or upon any premises an immediate threat to health
and safety, the Building Official or his authorized representative may enter
such building or premises at all reasonable times to inspect the same or to
perform any duty imposed upon the Building Official by this code; provided,
that if such building or premises be occupied he shall first present proper
credentials and demand entry; and if such building or premises be
unoccupied he shall first make a reasonable effort to locate the owner or
other persons having charge or control of the building or premises and
demand entry. If such entry is refused, the building official, or his authorized
representative, shall have recourse to every remedy provided by law to
secure entry, including the warrant provisions of Section 1822.50 et seq. of
the Code of Civil Procedure of the State of California.
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 17
(e) Section 203.1 is amended by adding thereto the following sentence:
Nothing contained in this section shall prevent the town council from
appointing the town council as the housing advisory and appeals
board.
(f) Section 301 is amended to read as follows:
SECTION 301-GENERAL
No building or structure regulated by this code shall be erected,
constructed, enlarged altered, repaired, moved, improved, removed,
converted or demolished unless a separate permit for each building or
structure has first been obtained as required by the Building Code.
(g) Section 302 is deleted.
(h) Section 303 is amended to read as follows:
SECTION 303-INSPECTION
Buildings or structures within the scope of this code and all
construction or work for which a permit is required shall be subject
to inspection by the building official as provided by this code and in
accordance with the applicable requirements of the Building Code.
(1) Section 401 is amended as follows:
The definition of "Building Code" in Section 401 is amended to read
as follows:
BUILDING CODE is the California Building Code as adopted with
amendments by the Town of Tiburon.
(j) A definition for "Building Official" is added to Section 401 to read
as follows:
BUILDING OFFICIAL is the building official in the Community
Development Department of the Town of Tiburon.
(k) The definition of "Mechanical Code" in Section 401 is amended to
read as follows:
MECHANICAL CODE is the California Mechanical Code as
adopted with amendments by the Town of Tiburon.
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 18
The definition of "Plumbing Code" in Section 401 is amended to
read as follows:
PLUMBING CODE is the California Plumbing Code as adopted
with amendments by the Town of Tiburon.
13-4.7 Mechanical Code.
The Town Council hereby adopts, for the purpose of providing minimum
requirements for the protection of life, limb, health, property, safety and welfare of
the general public, that certain code known as the 2010 California Mechanical Code
(based on the Uniform Mechanical Code, 2009 Edition) as amended by the
California Building Standards Commission in the California Code of Regulations,
Title 24, Part 4, hereinafter referred to as the "California Mechanical Code", save
and except such portions as are hereinafter amended or modified by Section 13-
4.7.1 of this chapter.
13-4.7.1 Amendments made to the 2010 California Mechanical Code.
The 2010 California Mechanical Code is amended as follows:
(a) Chapter 1, Division II is amended as follows:
(1) Section 101.0 is amended to read as follows:
These regulations shall be known as the California Mechanical Code,
may be cited as such, and will be referred to herein as "this code"
(2) Section 108.3 is amended to add the following phrase to the end
of the last sentence:
including the warrant provisions of Section 1822.50 et. seq. of the
Code of Civil Procedure of the State of California."
(3) Section 110.1 is amended by adding thereto the following
sentence:
Nothing contained in this section shall prevent the town council from
appointing the town council as the Board of Appeals.
(4) Section 115.1 is amended to read as follows:
115.1 General. Fees shall be assessed in accordance with the
provisions of this section and as set forth in the Building Division
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 19
Fee Schedule adopted by resolution of the Tiburon Town Council
and amended from time to time.
(5) Section 115.2 is amended to read as follows:
115.2 Permit Fees. Any person desiring a permit required by this
code shall, at the time of issuance for the permit, pay a fee, which fee
shall be as set forth in the Building Division Fee Schedule adopted
by resolution of the Tiburon Town Council and amended from time
to time.
(6) Section 115.3 is deleted.
(7) Section 116.6 is amended to replace the third paragraph with the
following:
To obtain re-inspection, the applicant shall first pay the re-inspection
fee in accordance with the Building Division Fee Schedule adopted
by resolution of the Tiburon Town Council and amended from time
to time.
(8) Table 1-1 is deleted.
(b) Section 203.0 is amended as follows:
The definition of "AUTHORITY HAVING JURISDICTION" is amended to
read as follows:
AUTHORITY HAVING JURISDICTION The Authority Having
Jurisdiction shall mean the building official or his duly authorized
representative.
(c) Section 207.0 is amended as follows:
The definition of "ENFORCING AGENCY" is amended to read as follows:
ENFORCING AGENCY The enforcing agency shall be the Building
Division of the Town of Tiburon.
13-4.8 Dangerous Building Code.
The Dangerous Building Code of the Town shall be the California Code for the
Abatement of Dangerous Buildings, 1997 edition, as published by the International
Conference of Building Officials, on file with the office of the Town Clerk, which
Code is hereby referred to, adopted and made a part hereof as if fully set forth
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 20
herein, save and except such portions as are hereinafter amended or modified by
Section 13-4.8.1 of this chapter.
13-4.8.1 Amendments made to the 1997 California Code for the Abatement of
Dangerous Buildings.
The California Code for the Abatement of Dangerous Buildings is amended as
follows:
(a) Section 103 is amended to read as follows:
SECTION 103-ALTERATIONS, ADDITIONS AND REPAIRS
All buildings or structures which are required to be repaired under
the provisions of this code shall be subject to the provisions of the
California Existing Building Code, as contained in Title 24, Part 10
of the California Code of Regulations.
(b) Section 201.3. Right of Entry. Whenever necessary to make an
inspection to enforce any of the provisions of this title, or whenever the
building official or his authorized representative has reasonable cause to
believe that there exists in any building or upon any premises an immediate
threat to health and safety, the building official or his authorized
representative may enter such building or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the Building Official
by this code; provided, that if such building or premises be occupied he shall
first present proper credentials and demand entry; and if such building or
premises be unoccupied he shall first make a reasonable effort to locate the
owner or other persons having charge or control of the building or premises
and demand entry. If such entry is refused, the Building Official, or his
authorized representative, shall have recourse to every remedy provided by
law to secure entry, including the warrant provisions of Section 1822.50 et
seq. of the Code of Civil Procedure of the State of California.
(c) Section 203 is deleted.
(d) Section 204 is amended to read as follows:
SECTION 204-INSPECTION OF WORK
All buildings or structures within the scope of this code and all
construction or work for which a permit is required shall be subject
to inspection by the building official as provided in this code and in
accordance with the applicable requirements of the Building Code.
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 21
(e) Section 205 is amended by adding thereto the following:
Nothing contained in this section shall prevent the town council from
appointing the town council as the Board of Appeals.
(fl Section 301 is amended as follows:
The definition of "Building Code" is amended to read as follows:
BUILDING CODE is the California Building Code as adopted with
amendments by the Town of Tiburon.
(g) A definition of "Building Official" is added to read as follows:
BUILDING OFFICIAL is the Building Official in the Community
Development Department of the Town of Tiburon.
13-4.9 Green Building Standards Code.
The Town hereby adopts, for the purpose of providing minimum
requirements to enhance the public health and welfare and assure that
residential and commercial development is consistent with the Town's desire
to create a more sustainable community by incorporating green building
measures into the design, construction, and maintenance of buildings and
appurtenant development, that certain code known as the California
Green Building Standards Code, 2010 edition (also known as the 2010
CALGreen Code) as published by the California Building Standards
Commission in the California Code of Regulations, Title 24, Part 11, herein
referred to as the "CALGreen Code," save and except such portions as are
hereinafter amended or modified by Section 13-4.9.1 of this chapter.
13-4.9.1 Amendments made to the 2010 CALGreen Code.
The California Green Building Standards Code is amended as follows:
(a) Section 101.3 is amended to read as follows:
101.3 Scope. The provisions of this code shall apply to the planning,
design, operation, construction, use, and occupancy of every newly
constructed building or structure, additions to existing dwelling units that
constitute at least five hundred square feet of conditioned floor area,
additions to nonresidential buildings that equal or exceed three thousand
square feet, and all Town-sponsored projects, unless otherwise indicated in
this code.
(The remainder of this section is unchanged.)
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 22
13-4.10 Energy Code.
The Energy Code of the Town shall be the California Energy Code, 2010 edition,
and the appendices thereof, as published by the California Building Standards
Commission, on file with the office of the Town Clerk, which Code and appendices
are hereby referred to, adopted and made a part hereof as if fully set forth herein,
except that the first paragraph of Section 20.3 is deleted.
13-4.11 Building Standards Code.
The Referenced Standards Code of the Town shall be the California Building
Standards Code, California Code of Regulations, 2010 edition, Title 24, Part 8
(Historical Building Code), Part 10 (Existing Building Code), and 12 (Referenced
Standards Code), as published by the International Code Council, on file with the
office of the Town Clerk, which Code is hereby referred to, adopted and made a part
hereof as if fully set forth herein.
13-4.12 Administrative Code.
The Administrative Code of the Town shall be the California Administrative Code,
California Code of Regulations, Title 24, Part 1, 2010 edition, as published by the
International Code Council, on file with the office of the Town Clerk, which Code is
hereby referred to, adopted and made a part hereof as if fully set forth herein.
Section 3. Findings Pursuant to Health & Safe Code.
A. California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5
require that findings be made in order to change or modify building standards found
in the California Building Standards Code based on local climatic, geologic, or
topographic conditions. Therefore, the Town of Tiburon hereby finds that these
changes or modifications to the Building Code as adopted herein are reasonably
necessary because of the following local climatic, geological and topographical
conditions: '
1. Climatic conditions:
a. Most of the annual rainfall in Tiburon occurs during the winter, it receives no
measurable precipitation between May and October. During this time, temperatures
average between 60 and 85 degrees. These conditions eliminate most of the
moisture in the natural vegetation and heavily wooded hillsides. The area also
suffers periodic droughts that can extend the dry periods to other months of the year.
These conditions can be further exacerbated by occasional off-shore hot, dry, Santa-
Ana winds.
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 23
b. Most of the annual rainfall in Tiburon occurs during the winter, and some portions
of Tiburon are subject to tidal influences, there are times that flooding conditions
occur in low-lying areas
II. Geologic conditions:
a. Tiburon lies near several earthquake faults, including the very active San Andreas
Fault and the Hayward Fault, and there are significant potential hazards such as road
closures, fires, collapsed buildings, and isolation of residents requiring assistance.
b. Much of the Downtown commercial area is located on bay alluvial soils, which are
subject to liquefaction in the event of an earthquake.
III. Topographic conditions:
a. Much of Tiburon is located in steep, hilly areas; many of the residential areas are
heavily landscaped; and many exist adjacent to hilly open space areas which are
characterized by dry vegetation and have limited access. In addition, the steepness
of grades located in the hills and dales results in narrow and winding roads, and
limited water supply.
b. The major arterial route between Tiburon and U. S. Highway 101 is Tiburon
Boulevard (State Highway 131). Should that highway become impassable, the only
alternative roadway on and off the Peninsula is Paradise Drive, a narrow, winding
road easily subject to closure in storms and having an extensive history of lane
failures due to unstable soils and poor drainage. This would result in traffic
congestion, severely limiting emergency access.
IV. Adoption by Reference of Tiburon Fire Protection District Findings:
The Town Council further adopts by reference all applicable climatic, geological,
and topographical conditions findings of the Tiburon Fire Protection District and
Southern Marin Fire Protection District in their most recently-enacted ordinances
adopting and modifying the California Fire Code.
B. The above modified building standards are listed below with the corresponding
climatic, geological or topographical condition which necessitates the modification.
Building Code Climatic, geological and
Section Number topographical condition
501.2 Ia. IIa, IIIa, IV
903.2 Ia, IIa, IIIa,IIIb, IV
1013.1 lb, IIa, IV
1505 Ia, IV
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 24 ,
Section 4. Severability.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have
passed this Ordinance, any section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or
phrases may be declared invalid or unconstitutional.
Section 5. Effective Date.
A summary of this Ordinance shall by published and a certified copy of the full text
of this Ordinance shall be posted in the office of Town Clerk at least five (5) days prior to
the Council meeting at which it is adopted. This Ordinance shall be in full force and effect
thirty (30) days after the date of adoption, and the summary of this Ordinance shall be
published within fifteen (15) days after its adoption, together with the names of the
Councilmembers voting for or against same, in a newspaper of general circulation in the
Town of Tiburon, County of Marin, State of California.
This ordinance was read and introduced at a regular meeting of the Town Council of
the Town of Tiburon, held on the 5th day of January, 2011, and was adopted at a regular
meeting of the Town Council of the Town of Tiburon, held on the 19th day of January,
2011) by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: IAdministrationlTown CouncibStaff Reports1201I Uan 5 draftslChapter 13 2011 Update Ordinance sa revisions.doc
Town of Tiburon Ordinance No. XXX N. S. Effective --/--/2011 Page 25
TOWN OF TIBURON
1505 Tiburon Boulevard
fY
f f Tiburon, CA 94920
To: Mayor & Members of the Town Council
From: Community Development Department
5
Town Council Meeting
January 5, 2011
Agenda Item:
Subject: Amend Title IV, Chapter 13 (Building Regulations) of the Tiburon
Municipal Code to Adopt by Reference and with Modifications the
Latest State-Authorized Construction Codes; File MCA 2010-03
Reviewed by:
BACKGROUND
Subsequent to the release of the Council packet, Staff identified some minor additional
amendments that should be made to the California State codes through the Town's local adoption
and modification process. These additional changes are as follows:
1. Staff identified two additional places in Tiburon Municipal Code Chapter 13 (Building
Regulations) where references to 2007 State codes must be replaced by references to the
new 2010 State codes. This would be accomplished by adding a new Section C to the
draft ordinance that would be inserted in the middle of page 23 of that document. The
proposed Section C is attached as Exhibit A, with 2007 dates struck-through (to be
deleted) and 2010 dates double-underlined (to be added). ,
2. The Town's ordinance proposes to amend the CALGreen Code to include certain
additions to residential and non-residential buildings, as well as new buildings that are
already covered by CALGreen. Two additional modifications to the draft ordinance with
respect to the CALGreen are now being recommended. These are:
a. The reference to "Town-sponsored projects, unless otherwise indicated in this
code" in Section 13-4.9.1 on page 22 of the draft ordinance is unnecessary and
could be construed as a relaxation of state standards, which is not permitted. Staff
recommends that Section 13-4.9.1 be revised to read as follows, with the deleted
text shown as struck-through:
13-4.9.1 Amendments made to the 2010 CALGreen Code.
(a) Section 101.3 shall be amended to read as follows:
"101.3 Scope. The provisions of this code shall apply to the planning, design,
operation, construction, use, and occupancy of every newly constructed building
or structure, additions to existing dwelling units that constitute at least five
w, 1
hundred square feet of conditioned floor area, additions to nonresidential
buildings that equal or exceed three thousand square feet, and all Town spensE) red
pr-ejeets' unless other-wise indiea4ed in this e0de."
(The remainder of this section is unchanged.)
b. In order to amend the CALGreen Code to make it applicable to construction of
certain additions as well as to construction of new buildings, the Town must make
certain findings relating to local climatic, geological, or topographical conditions.
These findings are found on pages 23-24 of the draft ordinance. Staff proposes to
add a climatic finding I. c. to the top of page 24 to support the CALGreen
amendments, and add the CALGreen section number that is being amended to the
list of sections being amended at the bottom of page 24. The two proposed
additions to the ordinance would read as follows, with the added new text double-
underlined:
Added Finding I. c. (top of page 24):
1. c. Tiburon is situated within a densely populated maior metropolitan
area (the San Francisco Bay Area) that generates and releases into
the atmosphere significant quantities of greenhouse gases, which
have detrimental effects to the local climate as determined by the
State of California.
Added Section Number (bottom of page 24):
101.3 (CALGreen) Ic
STAFF RECOMMENDATION
Staff's recommendation remains the same, except that the Council motion to hold first reading
should include the additional amendments set forth in this Supplemental Staff Report.
EXHIBIT
A. Additional Section C of the draft ordinance
Prepared by: Fred Lustenberger, Building Official
Scott Anderson, Director of Community Development
.
01
""Y
EXHIBIT NO.
C. Article V (Energy Efficiency Standards for Single-Family Dwellings Greater
Than Three Thousand Five Hundred Square Feet) of Chapter 13 of the
Tiburon Municipal Code is amended in its entirety to read as follows:
13-5.1.1 Purpose.
The purpose of this section is to reduce the annual and peak energy
consumption of large single-family homes.
13-5.1.2 Definitions.
As used in this section:
"Adjusted proposed design total" means the proposed building energy use, in
KBtu/sf-yr, calculated by the state approved alternative calculation method
(ACM) less any PV credit.
"Adjusted standard design total" means the performance energy budget, in
KBtu/sf-yr, which this section establishes for all building to which it applies.
It is defined as the standard design total (KBtu/sf-yr) obtained from any
state-approved residential alternative calculation method (ACM) multiplied
by the Standard Design Adjustment Factor contained in Table A below.
Table A
"Conditioned floor area" has the meaning set forth in Section 101(b) of the
2007 .2010 California Energy Code.
"PV credit" means the energy credit applicable to the proposed design for a
solar photovoltaic system that is capable of generating electricity from
sunlight and supplying it directly to the building; and is connected, through a
reversible meter, to the utility grid. The amount of PV credit under this
chapter is defined as Wo multiplied by 13.262 KBtu/sf-yr time dependent
value energy, where Wo is a unitless value calculated as the rated watts of the
proposed photovoltaic system divided by the total conditioned floor area of
the building.
13-5.1.3 Buildings covered.
The provisions of this section shall apply to all new single-family dwellings
greater than three thousand five hundred (3,500) square feet of total
conditioned floor area, and additions to existing single-family dwellings
which together with any other additions made after the enactment of this
chapter in the aggregate exceed five hundred (500) square feet where the
total conditioned floor area of the building exceeds three thousand five
hundred (3,500) square feet.
13-5.1.4 Exceptions.
The provisions of this section shall not apply to building area used for a
secondary dwelling unit, or to any project that received and maintains a valid
planning approval or a building permit, or which has submitted a complete
planning application or building permit application prior to the effective date
of the ordinance, unless otherwise required as a condition of approval of the
planning application.
13-5.1.5 Basic requirements.
All buildings covered by this section shall meet both of the following:
A. The adjusted standard design total energy budget, in source KBtu/sf-yr,
using the state-approved performance compliance approach, and
B. All other provisions applicable to low rise residential buildings contained
in the 2007 2010 California Energy Code.
1.3-5.1.6 Permit forms.
In addition to the standard Title 24 report submitted to the building division,
an ordinance compliance form and worksheet will be required, which shall
be available at the building division.