HomeMy WebLinkAboutTC Agd Pkt 2011-03-02TOWN OF TIBURON
Tiburon Town Hall
1.505 Tiburon. Boulevard.
Regular Meeting
Tiburon Town Council
March 2, 2011
Tiburon, CA 94920 Closed Session - 6:15 p.m.
Regular Meeting - 7:30 p.m.
AGENDA
TIBURON TOWN COUNCIL
TIBURON REDEVELOPMENT AGENCY
CLOSED SESSION - (6:15 p.m.)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: Town Attorney
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
(Subdivision (c) of Government Code Section 54956.9)
Claims relating to Del Mar Undergrounding Litigation
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.
PRESENTATION
• Independent Campaign Expenditure Ordinance (Elissa Giambastiani)
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.
Town Council Minutes - Adopt minutes of February 8, 2011 Special Meeting/Retreat
(Town Manager Curran)
Town Investment Summary - Accept January 2011 report (Director of Administrative
Services Bigall)
CVS Pharmacy - Resolutions denying the CVS appeal and partially upholding the Pt.
Tiburon Marsh neighbors' appeal of the Planning Commission decision to approve a
conditional use permit to operate a drug store and pharmacy in a building previously
occupied by a grocery store (Planning Manager Watrous)
Assessor Parcel No.: 058-171-88 & 89
Address: 1599 Tiburon Boulevard
Appellants: Cres Van Keulen, Neal Toft, Terry Hennessy and Patricia Goss
Applicant/Appellant: Armstrong Development Properties, Inc.
4. Repeal of Zoning Ordinance-Based Green Building Regulations - Adoption of an
ordinance repealing Article IX (Green Building) and related sections of Chapter 16
(Zoning) of the Tiburon Municipal Code (Director of Community Development
Anderson)
5. Repeal of Zoning Ordinance-Based Green Building Regulations - Adoption of a
resolution rescinding Green Building Standards from the current zoning-based system
(Director of Community Development Anderson)
6. Fair Housing Month - Proclamation in support of April 2011 Fair Housing Month in
Tiburon (Town Clerk Crane Iacopi)
7. Agreement with Franchise Tax Board - Authorize Town Manager to enter into an
agreement with the California Franchise Tax Board for Exchange of Tax Date
Information (Director of Administrative Services Bigall)
8. 2010 Street Rehabilitation Project - Adopt resolution accepting the work and authorize
the filing of the Notice of Completion (Director of Public Works/Town Engineer
Nguyen)
9. Purchase of Unit at Chandler's Gate - Recommendation to approve a loan to Marin
Housing Authority for Below Market Rate Unit at Chandler's Gate (Director of
Administrative Services Bigall)
ACTION ITEMS
Annual General Plan Implementation Report - Consider Acceptance of the annual
General Plan Implementation Status Report for Calendar Year 2010 (Director of
Community Development Anderson)
2. Solar Panel Policy - Consider adoption of resolution amending Town of Tiburon's "Policy
for Solar Collector Panels" (Director of Community Development Anderson)
3. Appointments to Boards, Commissions and Committees - Consider reappointment of
board and commission members whose terms expired at the end of February 2011 (Town
Clerk Crane Iacopi)
PUBLIC HEARINGS
1. Tiburon Tourism Business Improvement District (BID) - Protest hearing; Introduction
and ls` reading of ordinance concerning proposed increase to assessment to lodging
establishments within the Tiburon BID (Town Attorney Danforth)
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
WEEKLY DIGESTS
• Town Council Weekly Digest - February 18, 2011
• Town Council Weekly Digest -February 25, 2011
ADJOURNMENT - to a meeting of the Tiburon Redevelopment Agency
■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 1
TIBURON REDEVELOPMENT AGENCY
AGENDA
CALL TO ORDER AND ROLL CALL
Boardmember Collins, Boardmember Fredericks, Boardmember O'Donnell, Vice Chair Fraser,
Chair Slavitz
ORAL COMMUNICATIONS
BUSINESS MEETING
1. Cecilia Place - Recommendation to authorize the Town Manager to Negotiate and
Execute a Subordination, Non-Disturbance and Attornment Agreement to facilitate
installation of photovoltaic panels on Cecilia Place (Agency Counsel Danforth)
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
1AT,A7w.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.
' Page 1 of 2 1C E ~ Y E Peggy Curran
FEB ;~8 2011
TOW N CLERK
From: PPSI [ppsi@aol.com] TOWN OF TIBURON
Sent: Monday, February 28, 2011 10:02 AM
To: Mayor, Jeff Slavitz; Peggy Curran
Subject: CVS - new location in Tiburon - Removal of Cigarette & Tobacco Sales
6 Paseo Mirasol
Tiburon, CA 94920
February 28, 2011
Mayor Jeff Slavitz
City Council
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
jslavitz@comcast.net
pcurran@ci.tirburon.ca_us
Dear Mayor Slavitz and City Council Members:
TOWN COUNCIL
LATE MAIL # c~~~_3
r
MEETING DATE
As a resident of Tiburon for over fifty years and Vice President of Pharmacists Planning
Service, Inc. (PPSI), a nonprofit public health, consumer, pharmacy education organization, I
strongly request the Town of Tiburon to stop the sale of cigarettes in the new CVS pharmacy
which is opening soon in downtown. I am also involved in the Great American Smoke Out
(GAS) campaign through PPSI and am familiar with the health risks and dangers of cigarettes
smoking.
My reasoning is:
1. 440,000 deaths occur each year due to smoking cigarettes
2. 4,000 kids become addicted to cigarettes each year
3. Reed School is very close in proximity to the new CVS store which would make
easy access for kids to purchase cigarettes.
2/28/2011
Page 2 of 2
4. CVS, through a sting operation by the Marin County Smoke Free Coalition
(consisting of Heart, Cancer & Lung Associations), has been charged with selling
cigarettes to minors in four of its Marin County outlets (Marin City, Greenbrae, Mill
Valley & Terra Linda)
5. A good example to ban the sale of cigarettes is the City of San Francisco which has
eliminated the sale of cigarettes from all stores as of November, 2010.
6. Licensed pharmacies which sell cancer/heart medications should NOT be selling
cigarettes
Please do not allow CVS to sell cigarettes at its Tiburon location.
Thank you for your interest concerning the health and safety of the citizens of Tiburon.
Sincerely,
Joseph I. Rotenberg, R.Ph.
Vice President, PPSI
(tiburonjoe a@comcast.net) 415 435-2317
2/28/2011
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Date: February 21, 2011
To: Mayor and Town Council
I
From: Peggy Curran, Town Manager
Subject: Summary of February 8, 2011 Council-Staff Retreat
CC -1
On the afternoon of February 8, 2011, the Town Council and ten members of staff met for a
retreat at The Lodge in Tiburon to review progress on current objectives, discuss the state of the
Town's budget and provide direction for the upcoming fiscal year. A summary of the retreat
follows.
Introduction
Mayor Slavitz kicked off the afternoon with introductory remarks and a review of the agenda, and
encouraged all present to speak up and join in the conversation. He then turned the floor over to
the Town Manager Curran. She said the staff was looking forward to the retreat as a great
opportunity for everyone to talk informally about upcoming objectives and priorities.
Review of Progress on Current FY Objectives
Manager Curran and staff went through a brief update of current projects (attached).
Mid-Year Budget Review
Administrative Services Director Bigall led a review of the mid-year budget. She presented
charts for revenues and expenditures illustrating trends for both. Her analysis indicates that the
Town budget was on track for this fiscal year, but that anticipated increases in expenditures,
particularly for Ca1PERS, would make balancing next year's budget a challenge. Bigall stated
that she and Town Manager Curran are working with the Council budget committee and will
bring a balanced budget forward in late spring.
Understanding Reserves
Administrative Services Director Bigall distributed a spreadsheet depicting an alternative way of
categorizing the Town's reserves than the one found in the adopted budget. The goal of the
alternate approach, which she reported was developed in consultation with the Ad Hoc Budget
Committee (Councilmember Fredericks and Vice Mayor Fraser), is to identify the 25% "rainy
day" reserve in its own line, to separate "policy-restricted" reserves from "discretionary set-
asides", and to identify any remaining funds or the "unallocated balance". The goal of the
spreadsheet was to more clearly identify the nature of various reserves to make the document a
more useful tool for the Town Council's decision-making on possible capital projects. Council
agreed that the revised spreadsheet was a "good reworking".
Creating a Vibrant Downtown
Town Manager Curran summarized the work of the Ad Hoc Downtown Committee (Vice Mayor
Fraser and Councilmember Collins), noting they had conducted a series of individual interviews
with business and property owners, would be having a business community meeting shortly and
planned a community wide meeting to discuss the downtown after that. The Downtown
Committee members further described the process and its intended outcome of short, medium and
long-term plans of action to create a more vibrant downtown and successful business climate.
Vice Mayor Fraser also spoke about the upcoming America's Cup event (scheduled for 2013) and
planning efforts to make the most of this opportunity for the Town.
As part of the process to improve the downtown and in expectation of the America's Cup event,
Manager Curran commented on the need for improved way-finding signage on the peninsula.
She said this was likely to show up as a project in next year's capital budget.
Aesthetic Improvements Along Tiburon Boulevard
The Lyford Parking Project was summarized by Public Works Director Nick Nguyen; it will
return to Council in the next several months for a decision on whether to proceed, and if so with
the full double aisle of parking or a single row.
Councilmember O'Donnell raised two ideas for possible future funding. The first was
undergrounding of utilities along Tiburon Boulevard near Blackie's Pasture. PW Director
Nguyen showed photographs of the area. Council made no determination to pursue that effort at
this time.
Councilmember O'Donnell also recommended overhauling the concrete medians along Tiburon
Boulevard from Strawberry/Bay Vista to Cecilia Drive. PW Director Nguyen reported it would
cost approximately $300,000 to remove the concrete and plant the medians, which are located in
the unincorporated County and controlled by Caltrans. After some discussion, Council concluded
that the Town should investigate collaborating with private parties and the City of Belvedere to
fundraise for these improvements. The Council expressed interest in considering a modest
contribution to assist this process or perhaps provide matching or seed money, especially if
Belvedere would do the same. Staff said it would pursue this concept and report back to the
Council.
Town Manager Curran showed a mock-up of a simple "special event" sign for Blackie's Pasture,
noting that replacement of the existing dilapidated sign was funded in this year's budget. Council
concurred with the change. Manager Curran said it was possible that another change would be
necessary in the future if a new sign concept was developed and adopted as part of a "way-
finding" signage process, but that given the uncertainty of timing with that process, it was
important to proceed to improve the Blackie's sign now. Council concurred.
Technology Issues
Information Technology Coordinator Chad Monterichard took the Council through a presentation
of planned improvements to the Town's website and led a discussion of the use of social media
(notably Facebook and Twitter) by the Town. The conclusion was enthusiasm for the website
overhaul and a wait-and-see cautionary approach regarding the use of social media at this time.
~ .
Council noted the opportunity to use those technologies would be present in the future and that
we should not leap into anything now given the legal ambiguities, concern about the staff time
they would take and the lack of need given other communication tools at our disposal. Audio and
video streaming or archiving of Town Council meetings was discussed, and there was general
consensus that audio archives should be a feature of the new website, and that topics should be
"bookmarked" for ease of use. There was no direction to pursue video of meetings at this time.
Detachment of Second Units on R-2 Lots
This item was placed on the agenda as a result of the recent Design Review Board appeal.
Community Development Director Anderson inquired whether the Council wished to see any
changes regarding the process by which the Town may allow second units to be detached in some
instances. Director Anderson and Planning Manager Watrous remarked that the recent appeal of
this topic set the bar very high with regard to meeting the existing criteria. When coupled with
the infrequency of requests for detached second units, they opined that the Town was unlikely to
experience problems in the near future. However, Anderson suggested that Staff would look at
tightening the criteria for approval as part of the upcoming Zoning Ordinance clean-up
amendments. The Council concurred that this seemed a reasonable approach.
Plastic Bag Ban
Planning Manager Watrous brought the group up to date regarding the County's recently passed
ordinance requiring grocery and pharmacy establishments to eliminate plastic bags and charge a
minimum of five cents each for paper bags. Town Attorney Danforth pointed out that the legal
issues were far from settled regarding CEQA compliance. Council discussed whether we should
be talking to our few grocery outlets about voluntary plastic bag bans. Other options included
joining other Marin municipalities in a joint EIR or going the way of Fairfax with a voter
initiative, an approach which is exempt from CEQA. Councilmember Fraser said he would
approach Don Santa, the owner of the incoming Woodlands Market, regarding the voluntary
compliance path.
Solar Permit Fees
Community Development Director Anderson asked the Council if they wished staff to bring
forward revisions to the Town' permit fees for solar system installations. Currently systems that
are installed with no more than eight inches of tilt from the roof receive very significant fee
reductions of building permit fees. This 8-inch rule is not workable on flat-roofed commercial
buildings, and Anderson suggested the possibility of amending the policy to allow for 18 inches
of roof clearance for solar panels on flat-roofed commercial buildings, most of which have roof
parapet walls that would screen the panel assembly from ground-level views. Council opined that
more latitude in this regard might be good policy and directed staff to return with options for their
consideration.
McKegney Green/ Blackie's Pasture
This item was not heard due to a lack of time.
Community Block Party
Town Manager Curran inquired whether the Council wished to have staff pursue the idea of a
community "block party" on October 1 at McKegney Green. Council expressed support for a
simple, largely unstructured event, but asked staff to gauge community interest by checking with
Homeowners Associations and report back.
Other Projects or Issues
Community Development Director Anderson recommended that, in light of the difficult
economy, staff be directed to develop and return to Council with an ordinance that would grant a
one-year time extension for approved, unexpired design review permits. Council directed Staff to
begin processing such an ordinance.
Chief of Police Cronin gave a brief update on the status of crime in Town; he had a largely
positive report that crime had decreased, possibly due to a deterrent factor of the security cameras
at the entrances to Town.
Report on Regional Authorities
There was insufficient time for the Council to report on their respective committee assignments.
Mayor Slavitz asked that the reports be placed on a future Town Council agenda.
Council Comments
In concluding the meeting, Council generously expressed its support for the staff and the level of
service they provide to the community. Mayor Slavitz said everyone was doing a great job, and
that is what makes Tiburon a great place to live and work. Councilmember Fredericks said she is
always at risk of taking staff for granted because we do our jobs well. The Mayor concluded by
thanking the whole staff for their work.
Councilmember Collins suggested that it may be appropriate to include the Building Official in
next year's retreat.
Staff thanked the Council for its support and leadership. The Town Manager expressed gratitude
for the Town Council creating the context for the organization to thrive.
Adjournment
The meeting adjourned at 5:30 p.m. to dinner.
JEFF SLAVITZ, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town. of Tiburon.
Project Status
February 8, 2011
Project completed since last retreat:
• Failed Streets eliminated 't'except Del Nlar to be done after und(•grOLInding'• Resolved Del Mai, litigation, ballot approval of ne-\-v district
• Fred's Way, concept, preliminary approvals, agreement with belvedere
• Pension ref«rni re pa.yrnent of ernployee contribution
• Carnc~ra installation
• Zoning ordinance update,
• Safe Routes to School improvements
• Paths, I tines a.nd. Steps projects on. C"ayford, Raccoon. and Jeff~,rson
• Adopted Open Space Management Plan
• Major RR Marsh 1-naintenance
• Permit Soft planning and building; per•rnit softrv-are fiflly operational
• CTrant for, and design of, Lyford Parking project.
0 Desip-n review Board training
Projects well underway:
Del Mar ndergrounding
• .red's Way Project Design and Bid Package
• 1lollsi_ng Illernerit Revisions
• Smoking Ordinance Revisions
• Recreation Master Plan
• INn~;el Island 1, ire Protection.
• 1111 Valley Defuse Contract Negotiation
• Blackie's Pasture Restroorns
TOWN OF TIBURON
1505 Tiburon Boulevard
r Tiburon CA
94920
To:
From:
Mayor and Members of the Town Council
Administrative Services Department
Subject: Investment Summary - January 2011
Reviewed By:
Town Council Meeting
March 2, 2011
Agenda Item: CC-
BACKGROUND
Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town's investment activities for the period ended January 31, 2011.
ANALYSIS
Agency
Investment
Amount
Interest Rate
Maturity
Town of Tiburon
Local Agency
Fund (LAIF)
$1798699306.18
0.538%
Liquid
CDARS (Bank
of Marin
$ 2,0219766.13
0.40%
April 21, 2011
Housing note to
Town Manager
$ 8009000.00
0.513%
Based on
Contract
Money Market
Bank of Marin
$ 2509000.00
0.50%
Liquid
TRAN (Town of
Fairfax
$ 5009000.00
4.00%
April 23, 2011
Note to Former
Town Employee
$ 339360.55
5.55%
June 1, 2017
Total
$2194749432986
Redevelopment Agency
Local Agency
Investment
$1914599587946
0.538%
Liquid
Fund (LAIF)
FINANCIAL IMPACT
No financial impact occurs by adopting the report. The Town continues to meet the priority
principles of investing - safety, liquidity and yield in this respective order.
RECOMMENDATION
Staff recommends that the Town Council:
Move to accept the January 2011 investment summary
Prepared By: Heidi Bigall, Director of Administrative Services
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
March 2, 2011
Agenda Item: C( - -3
Subject: 1599 Tiburon Boulevard; Appeals of Conditional Use Permit Approval
to Operate a Drug Store and Pharmacy; Zelinsky Properties, LLC,
Owner; CVS/pharmacy & Armstrong Development Properties, Inc.,
Applicants/Appellants; Cres Van Keulen, Neal Toft, Terry Hennessy and
Patricia Goss, Appellants; File #11005; Assessor's Parcel Nos. 058-171-89
andr,.a, portion of 058-171-88
Reviewed By:.
BACKGROUND
At its meeting of February 16, 2011, the Town Council held a hearing on this item and directed
Staff to return with resolutions reflecting its direction on the two appeals. The Town Council
largely affirmed the Planning Commission's approval of the conditional use permit, but added
several conditions of approval intended to more fully address project impacts raised by Point
Tiburon Marsh project residents.
A draft resolution denying the CVS appeal of the Planning Commission's decision is attached as
Exhibit 1.
A draft resolution partially upholding the Point Tiburon Marsh residents' appeal of the Planning
Commission's decision is attached as Exhibit 2.
RECOMMENDATION
Adopt the Resolutions.
EXHIBITS
1. Draft Resolution denying CVS appeal.
2. Draft Resolution partially upholding the Marsh residents' appeal and adding additional
conditions of approval.
s"'
Prepared By: Daniel M. Watrous, Planning Manager
S: IAdministrationlTo►vn CouncibStaff Reports1201I March 2 draftsU599 Tiburon Blvd report.doc
TOWN OF TIBURON PAGE 1 OF 1
RESOLUTION NO. (Draft)-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON DENYING AN APPEAL BY CVS/PHARMACY AND
ARMSTRONG DEVELOPMENT PROPERTIES, INC. OF THE PLANNING
COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT TO
OPERATE A DRUG STORE AND PHARMACY
ON PROPERTY LOCATED AT 1599 TIBURON BOULEVARD
(ASSESSOR PARCEL NO. 058-171-88)
WHEREAS, on January 12, 2011 the Planning Commission held a public hearing
on a conditional use permit application (File #11005) filed by CVS/pharmacy, Armstrong
Development Properties, Inc. and Zelinsky Properties, LLC to operate a drug store and
pharmacy, with a drive-through pharmacy, on property at 1599 Tiburon Boulevard; and
WHEREAS, on January 12, 2011 the Planning Commission adopted Resolution
No. 2011-02 conditionally approving the project; and
WHEREAS, the Planning Commission's decision was appealed in a timely
manner by CVS/pharmacy and Armstrong Development Properties, Inc. (collectively
referred to as "applicant") on three stated grounds as follows:
Ground #1: The operating hours for the drive-through pharmacy should be the
same as the store hours (7 a.m. to 10 p.m.), as later hours would not
create noise or light impacts on neighboring residents and would be
more convenient for store customers. The applicant requests that the
second sentence of Condition #2 of the Planning Commission
resolution, which limited drive-through hours to between 8 a.m. and 8
p.m., be deleted.
Ground #2: Two lanes for the drive-through pharmacy would more efficiently
serve store customers, reduce vehicle congestion and idling times and
provide better on-site pedestrian circulation. The applicant requests
that Condition #4 of the Planning Commission resolution, limiting the
drive-through to one lane, be eliminated.
Ground #3: There is no reason to establish limits on truck delivery hours that are
different than those for other businesses in Downtown Tiburon. The
applicant requests that Condition #3 of the Planning Commission
resolution be revised to limit delivery hours consistent with Section
23-19A of the Municipal Code (in which deliveries are prohibited
between 10 p.m. and 8 a.m. on weekends and holidays, and prohibited
between 10 p.m. and 7 a.m. on all other days.
The Town Council notes that during the appeal hearing the applicant withdrew the third
ground of appeal involving delivery hour limitations; and
T T. r T 1", T T
Town Council Resolution No. (Draft)-2011 03/02/2011 Page 1 of 3
WHEREAS, the project application consists of File #11005, on file with the Town
of Tiburon Community Development Department. The official record for this project
application is hereby incorporated and made part of this resolution. The record includes,
without limitation, the Staff Reports, minutes, application materials, and all comments and
materials received at the public hearings, and
WHEREAS, the Town Council held a public hearing on February 16, 2011, and
considered the application on a de novo basis and, after receiving testimony and reviewing
all evidence in the record, found as follows: with respect to the applicants' stated grounds for
the appeal:
The Town Council finds that the Planning Commission appropriately limited
the drive-through pharmacy's number of lanes and hours of operation in order
to ameliorate the project's light, noise, and other identified impacts on
residents of the adjoining Point Tiburon Marsh residential development.
2. The Town Council finds that the low overall demand for usage of the drive-
through pharmacy, estimated by the applicant at only 5 to 7 vehicles per hour
during the peak use hours, and even fewer vehicles during other hours,
rendered unnecessary a second drive-through lane for the pharmacy.
3. The Town Council finds that the Planning Commission properly limited the
truck delivery hours to ameliorate the project's impacts on residents of the
adjoining Point Tiburon Marsh residential development and reduce
occurrences of the early morning and late night noise impacts experienced by
these neighboring residents by deliveries for previous uses on the site. The
Town Council further notes that this ground of appeal was withdrawn at the
appeal hearing by the applicant; and
WHEREAS, the Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per Section 15301 of the
CEQA Guidelines; and
WHEREAS, the Town Council finds, based upon the application materials
and analysis provided in the January 12, 2011 Planning Commission Staff Report, the
February 16, 2011 Town Council Staff Report, and the entire record on appeal, that the
project as conditioned by the Planning Commission is, on balance, consistent with the
goals and objectives of the Tiburon General Plan and complies with applicable sections
of the Tiburon Zoning Ordinance, specifically Section 16-52.040 (B) and (D), and other
applicable regulations; and
WHEREAS, the Town Council further finds that the proposed drug store and
pharmacy is listed as a preferred use for Downtown Tiburon in the Downtown Element of
the Tiburon General Plan and would be a resident-serving land use as encouraged by
Policy DT-2 of the Downtown Element; and
Town Council Resolution No. (Draft)-2011 03/02/2011 Page 2 of 3
WHEREAS, the Town Council finds that the public convenience and
necessity would be served by the sale of alcoholic beverages by this store for
consumption off the premises due to the few opportunities for such off-sale type of sales
within the Town of Tiburon corporate limits.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby denies the appeal of CVS/pharmacy and Armstrong Development Properties,
Inc. of the Planning Commission's approval of the application (File #11005) for a conditional
use permit to operate a drug store and pharmacy, with a drive-through pharmacy, on property
located at 1599 Tiburon Boulevard.
PASSED AND ADOPTED at a regular meeting of the Town Council on March 2,
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 CouncillStaffReports1201IWarch 2 draftslCVS appeal resolution Ldoc
Town Council Resolution No. (Draft)-2011 03/02/2011 Page 3 of 3
RESOLUTION NO. (Draft)-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON PARTIALLY UPHOLDING AN APPEAL BY CRES VAN
KEULEN, NEAL TOFT, TERRY HENNESSY AND PATRICIA GOSS
OF THE PLANNING COMMISSION'S APPROVAL
OF A CONDITIONAL USE PERMIT TO
OPERATE A DRUG STORE AND PHARMACY ON PROPERTY
LOCATED AT 1599 TIBURON BOULEVARD AND IMPOSING
ADDITIONAL CONDITIONS OF APPROVAL
(ASSESSOR PARCEL NO. 058-171-88)
WHEREAS, on January 12, 2011 the Planning Commission held a public
hearing on a conditional use permit application (File #11005) filed by CVS/pharmacy,
Armstrong Development Properties, Inc. and Zelinsky Properties, LLC to operate a drug
store and pharmacy, with a drive-through pharmacy, on property located at 1599 Tiburon
Boulevard; and
WHEREAS, on January 12, 2011 the Planning Commission adopted
Resolution No. 2011-02 conditionally approving the project; and
WHEREAS, the Planning Commission's decision was appealed in a timely
manner by Cres Van Keulen, Neal Toft, Terry Hennessy and Patricia Goss (collectively
referred to as "appellants"); and
WHEREAS, the project application consists of File #11005, on file with the
Town of Tiburon Community Development Department. The official record for this
project application is hereby incorporated and made part of this resolution. The record
includes, without limitation, the Staff Reports, minutes, application materials, and all
comments and materials received at the public hearings, and
WHEREAS, the Town Council held a public hearing on February 16, 2011,
and after receiving testimony and reviewing all evidence in the record, considered the
application on a de novo basis; and
WHEREAS, the Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per Section 15301 of the
CEQA Guidelines; and
WHEREAS, the Town Council finds, based upon the application materials
and analysis provided in the January 12, 2011 Planning Commission Staff Report, the
February 16, 2011 Town Council Staff Report, and the entire record on appeal, that the
project as conditioned by the Planning Commission is, on balance, consistent with the
goals and objectives of the Tiburon General Plan; and
II ~T®.
Town Council Resolution No. (Draft)-2011 03/02/2011 Page 1 of 10
WHEREAS, the Town Council further finds that the proposed drug store
and pharmacy is listed as a preferred use for Downtown Tiburon in the Downtown
Element of the Tiburon General Plan and would be a resident-serving land use as
encouraged by Policy DT-2 of the Downtown Element; and
WHEREAS, the Town Council finds that the public convenience and
necessity would be served by the sale of alcoholic beverages by this use for
consumption off the premises due to the few opportunities for such off-sale type of
sales within Downtown Tiburon and within the Town of Tiburon corporate limits;
and
WHEREAS, the Town finds that the project, with additional conditions as set
forth below, would be consistent with the purposes and factors to be considered in
determining whether or not any conditional use should be permitted in a specific location
listed in Sections 16-52.040 (B) and 16-52.040 (D) of the Tiburon Zoning Ordinance, as
follows:
16-52.040 (B)
1. Determine whether the location proposed for the conditional use is properly
related to the development of the neighborhood or vicinity as a whole.
The Town Council finds that the Planning Commission considered the
relationship of the proposed drug store and pharmacy and its ancillary
pharmacy drive-through window to the neighboring Point Tiburon Marsh
residential project and other surrounding uses, and concluded that, as modified
by the conditions of approval, the use would be properly related to and
compatible with surrounding uses. The Town Council finds that additional
conditions, as set forth below, are necessary to more fully and adequately
ameliorate the project's light, noise, and other identified impacts on residents
of the adjoining Point Tiburon Marsh residential development.
2. Determine whether the location proposed for the particular conditional use
would be reasonably compatible with the types of uses normally permitted in
the surrounding area.
The Town Council finds that the proposed location for the drug store and
pharmacy, which had previously been used as a grocery store and is situated
across Beach Road from a drive-through facility at Bank of America would,
with additional conditions unposed as set forth below, be reasonably
compatible with the types of uses normally permitted in the surrounding area,
including residential dwellings.
3. Evaluate whether or not adequate facilities and services required for such use
exist or can be provided.
Town Council Resolution No. (Draft)-2011 03/02/2011 Page 2 of 10
The Town Council finds that the proposed use is somewhat similar to the
supermarkets that have occupied the subject site and building since the
1960's, and that there would be sufficient parking, access, services and
utilities to serve the proposed use.
4. Stipulate such conditions and requirements as mould reasonably assure that
the basic purposes of this Zoning Ordinance and the objectives of the General
Plan would be served.
The Town Council finds that the Planning Commission adopted conditions of
approval that were responsive to neighbor concerns regarding the potential
noise, traffic and light impacts of the project, but that the imposition of
additional conditions as set forth below is required in order to more fully and
adequately ameliorate the project's light, noise, and other identified impacts
on residents of the adjoining Point Tiburon Marsh residential development.
5. Determine whether the Town is adequately served by similar uses presently
existing or recently approved by the Town.
The Town Council finds that there has been no phannacy in Downtown
Tiburon since the 1990's, forcing Tiburon residents to drive to Strawberry or
Mill Valley to fill prescriptions. The Downtown Element of the Tiburon
General Plan indicates that a drug store/pharmacy is a preferred use for
Downtown Tiburon, as verified by community preference polls conducted in
2005. Policy LU-24 of the Land Use Element states that "the Town shall
encourage the addition of under-represented retail and service businesses to
enhance shopping and service opportunities for Tiburon."
16-52.040(D)
1. The relationship of the location proposed to:
a. The service or market area of the use or facility proposed.
The Town Council finds that the applicant submitted adequate
information regarding the potential demand to support a single-
lane drive-through pharmacy. A drug store/pharmacy has long
been identified as a highly desired use in Downtown Tiburon
and one that has been lacking in the entire Town of Tiburon
since the 1990's.
b. Transportation, utilities, and other facilities required to serve it.
The Town Council finds that the site has frontage and entry/exits
from both Tiburon Boulevard and Beach Road, and that the use is
Town Council Resolution No. (Draft)-2011 03/02/2011 Page 3 of 10
supported by adequate parking, transportation, utilities, and other
facilities.
C. Other uses of land in the vicinity.
The Town Council finds that the location of the proposed drug store
and pharmacy is an appropriate use of this commercial property and,
with additional conditions imposed as set forth below, would, be
reasonably compatible with the other uses of land in the vicinity,
including the neighboring Point Tiburon Marsh residential project.
2. The compatibility of the design, location, size, and operating characteristics
with the existing and fixture land uses in the vicinity.
The Town Council finds that the details and operating characteristics of the
proposed use have been considered in its evaluation of the subject application,
and further finds that the adopted conditions of approval in Planning
Commission Resolution No. 2011-02 combined with the additional conditions
set forth below would adequately ameliorate the project's light, noise, and
other identified impacts on residents of the adjoining Point Tiburon Marsh
residential development and snake it compatible with land uses in the vicinity.
3. The probability of impairment to the architectural integrity and character of
the zoning district in which it is to be located.
The Town Council finds that the architectural characteristics of the proposed
addition and drive-through facility, as modified by conditions set forth herein,
will not impair the character of the Neighborhood Commercial zoning district.
4. The protection of the public interest, health, safety, convenience, or welfare of
the Town, or any probability of injury to property or improvements in the
vicinity and zoning district in which the real property is located.
The Town Council finds that the project as conditioned would be consistent with
the public interest, health, safety and convenience of the Town, and would not
have unreasonable or materially injurious impacts on property or improvements in
the vicinity. The applicant has demonstrated that the public convenience would be
served by the use of a drive-through pharmacy facility in Tiburon. The Town
Council finds that traffic generated by the drive-through pharmacy element of the
project would incrementally increase turning movements near the Beach
Road/Marsh Road intersection, where pedestrian safety and sight-line visibility
have been previously identified as neighborhood concerns. The Town Council
finds that the conditions imposed herein regarding applicant-sponsored traffic and
pedestrian safety improvements at the Beach Road/Marsh Road intersection
would adequately off-set the project's increase in turning movements at that
intersection. The Town Council finds that other additional conditions imposed
Town Council Resolution No. (Draft)-2011 03/02/2011 Page 4 of 10
herein will ameliorate the project's light, noise, and other identified impacts on
residents of the adjoining Point Tiburon Marsh residential development.
5. The need of the community for additional numbers of such uses, paying
particular heed to whether the neighborhood or vicinity is already adequately
served by similar uses.
The Town Council finds that there has been no pharmacy in the entire Town
of Tiburon since the 1990's, forcing Tiburon residents to drive to Strawberry,
Mill Valley, or points beyond to fill prescriptions. The Downtown Element of
the Tiburon General Plan indicates that a drug store/pharmacy is a preferred
use for Downtown Tiburon, as verified by a community preference poll
conducted by the Town of Tiburon in 2005.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon hereby partially upholds the appeal of Cres Van Keulen, Neal Toft, Terry
Hennessy and Patricia Goss and imposes the following additional conditions of approval
on the permit:
14. Transactions at the drive-through window shall be limited to
pharmacy-related (i.e. prescription) items only.
15. All HVAC-type mechanical equipment on the site shall comply at all
times with the noise standards contained within the Noise Element of
the Tiburon General Plan and the Town of Tiburon Standards for Air
Conditioning Units and Similar Mechanical Equipment (Community
Development Department Administrative Policy and Procedure No.
2006-03). The permit holder shall be responsible to provide
professionally-prepared documentation of such ongoing compliance
upon request by the Town.
16. During its review and consideration of the Site Plan & Architectural
Review permit application for the project, the Design Review Board is
instructed to require the minimization of the visual impacts of the
drive-through pharmacy addition and ensure that its architectural
character and appearance is compatible and harmonious with the
design of the existing building, including minimization of vertical
drive-through structural elements facing Beach Road.
17. The applicant shall construct an additional wall in front of the
approved drive-through lane, as shown on the revised site plan
drawing dated January 13, 2011, for the purposes of headlight and
noise reduction impacts on Point Tiburon Marsh residences from the
drive-through lane. The wall and its details shall be depicted on the
drawings submitted for Site Plan & Architectural Review permit
application.
Town Council Resolution No. (Draft)-2011 03/02/2011 Page 5 of 10
18. The drive-through window shall be customized to allow voice
communication between a driver and the pharmacy staff without the
amplified speaker, with the understanding that such non-amplified
voice communication may not be appropriate or possible for all
interactions between drive-through customers and pharmacy staff.
Details of the drive-through window design shall be submitted with the
building permit application and shall document compliance with this
condition of approval.
19. The drive-through audio speaker shall be oriented at least 135 degrees
away from the Point Tiburon Marsh condominium units, and fitted
with shrouding, coning, or shielding of the speaker to focus sound
toward the driver and away from the Point Tiburon Marsh residential
units. Details of the drive-through window and speaker assembly shall
be submitted with the building permit application and shall document
compliance with this condition of approval.
20. In coordination with the Public Works Department, permit holder shall
fund and implement the removal of sight-distance obstacles east of the
Beach Road/Marsh Road intersection and shall participate in the
installation of pedestrian crosswalk signs and associated improvements
(such as crosswalk relocation) to improve public safety at the Beach
Road/Marsh Road intersection crosswalk. These safety improvements
shall be incorporated into the site improvement drawings to the
satisfaction of the Town Engineer and implemented in conjunction
with the Beach Road frontage encroachment permit work.
21. This conditional use permit shall be reviewed by the Planning
Commission at a public hearing approximately ninety (90) days
following commencement of the use, and again at approximately
one (1) year following commencement of the use to evaluate noise,
light, traffic and other relevant issues. During this review, the
Planning Commission shall have the authority to modify the
conditions of this permit. The Planning Commission may, at its
discretion, establish an ongoing periodic review schedule for the
use.
BE IT FURTHER RESOLVED by the Town Council that the final
consolidated conditions of approval for the permit are contained in Exhibit "A"
incorporated herein.
Town Council Resolution No. (Draft)-2011 03/02/2011 Page 6 of 10
PASSED AND ADOPTED at a regular meeting of the Town Council on
March 2, 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Resolution No. (Draft)-2011 03/02/2011 Page 7 of 10
EXHIBIT "A"
Consolidated Conditions of Approval
1599 Tiburon Boulevard
File #11005
The use shall operate in substantial conformance with the Operational Statement
(3 pages) as submitted by the applicant, attached Exhibit 1 and incorporated
herein, as modified by conditions of approval herein. This includes the sale of
alcoholic beverages for consumption off the premises. Any substantial
modification of the approved use, as determined in the reasonable discretion of
the Director of Community Development, shall require an amendment to this
use permit.
2. Hours of operation for the drug store and pharmacy shall be from 7:00 a.m. to
10:00 p.m., seven days a week. Hours of operation for the drive-through
pharmacy shall be from 8:00 a.m. to 8:00 p.m., seven days a week.
3. Truck deliveries shall be limited to the hours of 8:00 a.m. to 6:00 p.m., seven
days a week.
4. The drive-through pharmacy shall be limited to one lane of traffic.
5. A minimum of 72 on-site parking spaces shall be provided for the use and shall
be maintained at all times. This parking requirement shall supersede the parking
requirements approved by the Marin County Board of Supervisors in 1963.
6. The 1,800 square foot space for a future tenant may be used for small-item retail
sales purposes only in reliance on this conditional use permit. Occupancy of this
space by a different type of use shall require a separate conditional use permit.
7. Site Plan & Architectural Review approval shall be required for all exterior
modifications and site improvements. At that time, the permit holder shall be
required to address the gaps in the exterior of the building between the
foundation and the adjacent planters and parking lot, and demonstrate
substantial conformance with the Downtown Tiburon Design Handbook and its
Site Furnishings Supplement.
8. The installation of any signs shall require a Sign Permit pursuant to Chapter
16A of the Tiburon Municipal Code.
9. The permit holder shall comply with all applicable regulations of the State of
California Alcoholic Beverage Commission (ABC), the Marin County Health
Department, the Marin Municipal Water District, Sanitary District No. 5, and
the Tiburon Fire Protection District.
Town Council Resolution No. (Draft)-2011 03/02/2011 Page 8 of 10
10. The un-permitted contractor's storage yard at the rear of the building shall be
discontinued immediately. The dilapidated fencing along the rear property line
shall be replaced with a solid (block-type) wall to provide a better noise buffer
for the adjacent Point Tiburon Marsh residents.
11. The Town reserves the right to amend or revoke this Conditional Use Permit for
cause, in accordance with adopted regulations of the Town.
12. This Conditional Use Permit approval shall become null and void if the
approved use has not commenced within one (1) year of final approval, unless
an extension is approved.
13. If this approval is challenged by a third party, the property owner/applicant will
be responsible for defending against this challenge. The property
owner/applicant agrees to defend, indemnify and hold the Town of Tiburon
harmless from any costs, claims or liabilities arising from the approval,
including, without limitations, any award of attorney's fees that might result
from the third party challenge.
14. Transactions at the drive-through window shall be limited to pharmacy-related
(i.e. prescription) items only.
15. All HVAC-type mechanical equipment on the site shall comply at all times with
the noise standards contained within the Noise Element of the Tiburon General
Plan and the Town of Tiburon Standards for Air Conditioning Units and Similar
Mechanical Equipment (Community Development Department Administrative
Policy and Procedure No. 2006-03). The permit holder shall be responsible to
provide professionally-prepared documentation of such ongoing compliance
upon request by the Town.
16. During its review and consideration of the Site Plan & Architectural Review
permit application for the project, the Design Review Board is instructed to
require the minimization of the visual impacts of the drive-through pharmacy
addition and ensure that its architectural character and appearance is compatible
and harmonious with the design of the existing building, including minimization
of vertical drive-through structural elements facing Beach Road.
17. The permit holder shall construct an additional wall in front of the approved
drive-through lane, as shown on the revised site plan drawing dated January 13,
2011, for the purposes of headlight and noise reduction impacts on Point
Tiburon Marsh residences from the drive-through lane. The wall and its details
shall be depicted on the drawings submitted for Site Plan & Architectural
Review permit application.
Town Council Resolution No. (Draft)-2011 03/02/2011 Page 9 of 10
18. The drive-through window shall be customized to allow voice communication
between a driver and the pharmacy staff without the amplified speaker, with the
understanding that such non-amplified voice communication may not be
appropriate or possible for all interactions between drive-through customers and
pharmacy staff. Details of the drive-through window design shall be submitted
with the building permit application and shall document compliance with this
condition of approval.
19. The drive-through audio speaker shall be oriented at least 135 degrees away
from the Point Tiburon Marsh condominium units, and fitted with shrouding,
coning, or shielding of the speaker to focus sound toward the driver and away
from.the Point Tiburon Marsh residential units. Details of the drive-through
window and speaker assembly shall be submitted with the building permit
application and shall document compliance with this condition of approval.
20. In coordination with the Public Works Department, permit holder shall fund and
implement the removal of sight-distance obstacles east of the Beach
Road/Marsh Road intersection and shall participate in the installation of
pedestrian crosswalk signs and associated improvements (such as crosswalk
relocation) to improve public safety at the Beach Road/Marsh Road intersection
crosswalk. These safety improvements shall be incorporated into the site
improvement drawings to the satisfaction of the Town Engineer and
implemented in conjunction with the Beach Road frontage encroachment permit
work.
21. This conditional use permit shall be reviewed by the Planning Commission at a
public hearing approximately ninety (90) days following commencement of the
use, and again at approximately one (1) year following commencement of the
use to evaluate noise, light, traffic and other relevant issues. During this review,
the Planning Commission shall have the authority to modify the conditions of
this permit. The Planning Commission may at its discretion establish an
ongoing periodic review schedule for the use.
END
Attachments: Exhibit 1, Operational Statement for CVS/pharmacy #1483 (3 pages)
S:WministrationlTown eouncillSta_fJ`'Reports120111March 2 draftsIM appeal resolutionM.doc
Town Council Resolution No. (Draft)-2011 03/02/2011 Page 10 of 10
ARMSTRONG ffi J ~ j 1375 Exposition Blvd.
~ Suite 101
Sacramento, CA 95818
: www.armstrongdev.com
L~ 3
PROPERTIES, INC. 916.643.9610
916.643.9613 fax
t
Operational Statement
CVS/pharmacy #1483
NEC Beach & Tiburon, Tiburon, CA
Armstrong Development Properties, Inc. (ADPI) proposes a redevelopment of the property
located at the northeast corner of Beach Road and Tiburon Boulevard in Tiburon, CA. The
redevelopment project will allow CVS/pharmacy and another retail tenant to occupy the vacant
building previously home to DeLano's Market. The proposed CVS/pharmacy retail store will
provide health and beauty aids, personal care items, gift items, beer, wine, distilled spirits,
common household goods, vitamins, and retail pharmaceutical products available over-the-
counter or by prescription from the in-store pharmacy. In addition to these products, the
proposed store will also provide one-hour photo processing, as well as standard photo processing
from standard negatives or digital photography. Other than photographic prints, products are not
produced onsite, but a full range of products are available in-store, with an emphasis on
convenience to the consumer.
ADPI, on behalf of CVS/pharmacy, is requesting a Conditional Use Permit (CUP) in order- to
pursue a type 21 liquor license to sell a limited availability of beer, wine and distilled spirits for
off-site consumption only.
The proposed CVS/pharmacy will be located at 1599 Tiburon Boulevard. The Assessor Parcel
Number for the project is 081-026-20. The property is currently zoned "NC/AHO"
Neighborhood Commercial Affordable Housing Overlay. The proposed CVS/pharmacy project
is consistent with both the current "NC/AHO" land use designation as well as the Tiburon 2020
General Plan.
The intent of this redevelopment project is to create a sustainable and viable retail project that
will be an asset to the community for years to come. Renovations to the existing building will
consist of the addition of drive-through facilities for CVS/pharmacy and all necessary
improvements for the proposed retail space including but not limited to a new storefront, interior
dernising walls, and utility laterals. A Tenant for the proposed retail space will be detennined at a
later date and could be either a retail or restaurant use. CVS/phannacy intends to sublease the
retail space to a tenant that not only compliments the CVS/phannacy but also offers goods or
services that will benefit the surrounding community. Site improvements will be minimal and
will include the repair of any damaged sidewalks, all necessary upgrades to ensure that the project
is ADA compliant, as well as new landscaping throughout the parking area in order to improve
the overall appearance of the site. Additionally, the project proposes to widen Tiburon Blvd. in
order to provide eight new parallel off-site parking spaces and install a new public sidewalk.
The reason that a Condition Use Permit is being requested is that while alcoholic beverages are
expected to comprise only a small percent of the store's shelf-space, it is nevertheless necessary
in order to provide CVS/pharmacy customers with a complete range of convenient products.
CVS/pharmacy is committed to taking all feasible steps to address any potential concerns from
An affiliate of the Armstrong Group of Companies
law enforcement about the site, especially with regard to the sale of alcoholic beverages. For
instance, CVS/pharmacy has an extensive employee-training program and is a responsible retailer
of all types of goods including alcoholic beverages.
CVS/pharmacy facilities are designed to provide a safe environment for patrons and employees.
To that end, the following design elements are incorporated into the security plan: adequate
lighting levels, employee supervision of the facility, and closed circuit video monitoring system
with cameras located strategically throughout the property.
As part of the commitment to the safety of the community, CVS/pharmacy will voluntarily agree
to the following stipulations that are often required for authorization to obtain a series 21 license:
1. A closed circuit video monitoring system shall be installed with colored digital video
cameras mounted in the interior and exterior of the premises in such a position as to
be visible to patrons yet not accessible by reach.
2. A notice shall be placed therein that California state law prohibits the sale of
alcoholic beverages to persons who are under the age of twenty-one (21) years and
no such sales will be made.
3. Post and maintain a professional quality sign stating "No loitering is allowed on or in
front of these premises."
4. The possession of alcoholic beverages in open containers or the consumption of
alcoholic beverages will be prohibited on the premises or any adjacent property under
the control of CVS/pharmacy. CVS/pharmacy will post and maintain a professional
quality sign stating "No open alcoholic beverage containers are allowed on these
premises."
5. The parking lot of the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on
or about the parking lot. Additionally, the position of such lighting shall not disturb
the normal privacy and use of any neighboring residences.
6. CVS/pharmacy will adhere to any applicable Business and Professions Codes.
CVS/pharmacy recognizes the seriousness of loitering, delinquency, crime and underage
drinking. Therefore, through over 40 years of experience, CVS/pharmacy has developed
stringent operational standards and training programs to teach techniques for the lawful selling of
alcoholic beverages. CVS/pharmacy will require all employees selling alcoholic beverages to
complete its training program and execute a semi-annual acknowledgement of its alcohol sales
policies. In addition CVS/pharmacy is open to operating conditions that the Town of Tiburon
considers necessary to ameliorate significant concerns that may exist.
As mentioned above, the proposed CVS/pharmacy building will also include drive-through
facilities for prescription pharmaceuticals drop-off and pick-up only. The purpose of the drive-
through is to offer a convenient service for all customers including those who are sick, injured, or
the elderly that may be hindered by an ailment that discourages them from entering the store.
During peak hours of business, the typical CVS/pharmacy drive-through window services five to
seven customers an hour. The proposed site plan layout includes sufficient stacking for the two
drive-through lanes which are isolated from the project's primary parking area in order to avoid
any potential conflicts between customers utilizing the drive-through and other motorists or
pedestrians.
Initially the CVS/pharmacy will operate approximately from the hours of 7 a.m. to 10 p.m., seven
days week; however, if the demand of the neighborhood warrants 24 hour operations
I
CVS/pharmacy would like the ability to remain open as a service to the community. The typical
CVS/pharmacy generally has between 25-30 employees on payroll. The typical number of
employees staffed at a given time throughout the day may be between 4-12 depending on time of
day, year and other factors. Most part-time employees will work between 20-25 hours per week
and most full-time employees will work approximately 40 hours per week.
CVS/pharmacy will receive regular weekly deliveries, typically loading and unloading from a
WB-50 type delivery truck. There may be as many as three of these trucks arriving at different
days and times throughout the week to unload product for the store. Every effort is made to
schedule deliveries during non-peak hours of operation in order to avoid conflicts with parked
motorists and surrounding traffic conditions.
In addition to the everyday services that were previously mentioned that CVS/pharmacy will
provide, this location may host a seasonal or annual flu clinic for the benefit of the local
consumers, which may include an in-store display or sign to notify consumers of the date and
time. If held, this activity would be inside the store. Besides the seasonal clinic, many
CVS/pharmacy facilities also include a wellness center. This center, known as a "Minute Clinic",
is staffed by a registered nurse practitioner who can diagnose and prescribe pharmaceuticals for
minor ailments'.
No hazardous materials or waste will be produced during the construction of this project or
during the nonnal operation of the CVS/pharmacy.
ADPI believes that a retailer such as CVS/pharmacy would be a welcome use to this area and the
redevelopment project will be an added benefit to the entire community. Should Staff have any
questions or concerns regarding -this application, please do not hesitate to contact Armstrong
Development Properties, Inc. at any time.
Sincerely,
Josh Eisenhut
Armstrong Development Properties, Inc.
jeisenhutga og_c.com
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
March 2, 2011
Agenda Item:
Cr V
To:
From:
Mayor & Members of the Town Council
Community Development Department
Subject: Repeal of Zoning Ordinance-Based Green Building Regulations:
Adoption of an Ordinance Repealing Article IX (Green Building) and
Related Sections of Chapter 16 (Zoning) of the Tiburon Municipal
Code
Reviewed Bv: I '1A J)"Z,
BACKGROUND
The Town Council held first reading of this ordinance following a public hearing at its meeting
on February 16, 2011, and waived all further readings. There was no public comment. The item
now comes to the Town Council for adoption.
PROCEDURE
This is a consent calendar item. The Council's motion to adopt this item on the consent calendar
will constitute a motion to confirm the waiver of second reading from the previous meeting and
adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the
consent calendar will constitute the equivalent of a roll call vote and will be recorded within the
ordinance. Should any Councilmember choose to vote differently on this item than other items
on the consent calendar, then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be properly recorded. Should
the Council wish to discuss the item, it must be removed from the Consent Calendar and voted
upon separately.
RECOMMENDATION
Staff recommends that the Town Council approve final adoption of Ordinance No. 524 N. S., a
draft of which is attached as Exhibit 1, as part of the Consent Calendar.
EXHIBIT
1. Draft Ordinance No. 524 N. S.
Prepared by: Scott Anderson, Director of Community Development 411<_
S: W dministration I Town CouncihStaff Reports 1201 ] Warch 2 drafts I Green Building Repeal reportI doc
ORDINANCE NO. 524 N.S. (DRAFT)
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
REPEALING THE ZONING ORDINANCE-BASED GREEN BUILDING
REGULATIONS CONTAINED IN TITLE IV, CHAPTER 16 (ZONING) OF THE
TIBURON MUNICIPAL CODE
WHEREAS, Article IX of Chapter 16 (Zoning) of the Tiburon Municipal Code sets forth
green building regulations for the Town of Tiburon; and
WHEREAS, the Town of Tiburon is obligated under state law to adopt a new
construction code, known as CALGreen, that provides more stringent green building standards
than are set forth in the Town's green building regulations in Article IX; and
WHEREAS, state law requires that local amendments to building code may not be less
stringent than those contained within the state-adopted code, thereby necessitating the repeal of
the Town's Green Building provisions contained in Article IX and referenced in other sections of
the Zoning Ordinance; and
WHEREAS, the Town Council finds that adoption of the ordinance is exempt from the
requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the
CEQA Guidelines; and
WHEREAS, the Town Council hereby adopts this ordinance in order to promote and
protect the public health, safety, and general welfare and achieve compliance with state-
mandated construction codes.
NOW, THEREFORE, the Town Council of the Town of Tiburon does ordain as
follows:
Section 1. Repeal.
The following portions of Title IV, Chapter 16 of the Tiburon Municipal Code are hereby
repealed:
A. Article IX (Green Building) of Title IV, Chapter 16 (Zoning) of the Tiburon
Municipal Code is repealed in its entirety, including from the Table of Contents.
Town of Tiburon Ordinance No. XXX N. S. Effective xx1xx12011 Page 1 of 2
1.Tr NO.
B. Article V, Section 16-52.020 (E) (5) is repealed.
C. Article VI, Section 16-66.020 (C) (4) is repealed.
D. Article X, Section 16-100-020 (C), the definition of "Certified green building rater" is
repealed.
E. Article X, Section 16-100-020 (G), the definition of "Green building rating checklist"
is repealed.
Section 2. Publication and Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage,
and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on , 2011, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on , 2011 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE IACOPI, TOWN CLERK
S.•IAdministrationlTown CouncillStaffReports1201 PMarch 2 draftslRepeal Chapter 16 Article IX Green ord.doc
Town of Tiburon Ordinance No. XXX N. S. Effective xx/xx/2011 Page 2 of 2
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed B :
BACKGROUND
Mayor & Members of the Town Council
Community Development Department
Town Council Meeting
March 2, 2011
Agenda Item:
CCU J
Adoption of a Resolution Rescinding Green Building Standards from
the Current Zoning-Based System
The Town Council is in the process of repealing its zoning-based green regulations, which have
been replaced by the CALGreen Building Code. Standards for that system were set forth in
Resolution No. 44-2008, attached as Exhibit 1. It is therefore appropriate that the Resolution
setting forth the green building standards be rescinded at this time.
RECOMMENDATION
Adopt the Resolution rescinding the zoning-based Green Standards (Exhibit 2).
EXHIBITS
I . Resolution 44-2008 establishing Green Building Standards.
2. Draft Resolution rescinding the zoning-based green standards
Prepared by: Scott Anderson, Director of Community Development
S: I4dministrationlTown Counc&Staff Repor&201 hMarch 2 draftsUreen Building Reso Rescind reporfdoc
RESOLUTION NO. 44-2008
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ESTABLISHING GREEN BUILDING STANDARDS FOR COMPLIANCE, GREEN
RATING SYSTEMS, AND INCENTIVES FOR HIGHER GREEN RATINGS
WHEREAS, the design, construction and operation of buildings and structures within
the Town can have a significant impact on the Town's environmental sustainability, resource
usage, energy efficiency, waste management and the health and productivity of residents,
workers and visitors; and
WHEREAS, the design, construction and operation of buildings and structures also has
far-reaching effects on the region and globally through production of green house gases resulting
in global climate change and the consumption of resources that impact wildlife habitat; and
WHEREAS, green building benefits are spread throughout the systems and features of
the extensive use of high-recycled content products; recycling of waste that occurs during
deconstruction, demolition and construction; orientation and design of a building to reduce the
demand on the heating, ventilating, and air conditioning systems; the use of heating, ventilating,
and air conditioning systems that provide energy efficiency and improved air quality;
enhancement of indoor air quality by selection and use of construction materials that do not emit
chemicals that are toxic or irritating to building occupants; the use of water conserving methods
and equipment; and installation of alternative energy methods for supplemental energy
production; and
WHEREAS, in recent years, green building design, construction and operational
techniques have become increasingly widespread. Many homeowners, businesses and building
professionals have voluntarily sought to incorporate green building techniques into their projects.
A number of local and national systems have been developed to serve as guides and rating
systems for green building practices. The U.S. Green Building Council, developer of the
Leadership in Energy and Environmental Design (LEEDS) Green Building Rating Systems, has
become a leader in promoting and guiding green building, particularly for non-residential
structures. The Alameda County Waste Management Authority has developed the New Home,
Remodeling and Multi-Family Green Building Guidelines and associated Green Points
Checklists, published by Build It Green, which have been adopted for use in several Bay Area
jurisdictions including the County of Marin, City of San Rafael, and City of Larkspur; and
WHEREAS, according to recent studies published by the United States Green Building
Council and the U.S. Environmental Protection Agency, the construction, demolition and
operation of building in the United States collectively consume up to 37% of the total energy
used, 12% of all fresh water supplies, 40% of all raw materials used, and generate 36% of total
emissions of anthropogenic carbon dioxide, the primary greenhouse gas associated with global
climatic change, and 46% of all sulfur dioxide emissions, 19% of nitrogen oxide emissions and
10% of fire particulate emissions; and
Tiburon Town Council Resolution No. 44-2008 Adopted 1011512008 1
L' 1~1TIBIT NO.
WHEREAS, by requiring buildings within the Town of Tiburon to be constructed in an
environmentally responsible manner, the Town of Tiburon is participating in global endeavors to
reduce carbon dioxide, sulfur dioxide, nitrogen dioxide, waste generation and habitat change;
and
WHEREAS, on June 11, 2008, the Tiburon Planning Commission conducted a public
hearing and recommended adoption of the Zoning Ordinance amendments, green building rating
system, compliance standards, and incentives to the Town Council; and
WHEREAS, the Town Council has held public hearings on July 16, September 17, and
October 1, 2008 and has adopted a series of green building regulations through amendments to
the Tiburon Municipal Code, which regulations reference and rely upon the standards of
compliance set forth herein; and
WHEREAS, the Town Council finds that adoption of this Resolution is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of
the CEQA Guidelines, which exempt changes in land use regulations intended for the protection
of the environment, and/or have no potential to result in adverse impacts on the environment, and
are exempt from the requirements of CEQA pursuant to Section 15061 [b(3)] of the CEQA
Guidelines. The proposed regulations would reduce local, regional and global impacts on air and
water quality, resource consumption, waste generation and habitat change.
NOW THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon adopts the following Standards for Compliance for administration of Green Building
regulations contained in Title IV, Chapter 16 (Zoning), Article VIII, of the Tiburon Municipal
Code.
Standards for Compliance and Rating Checklists or Systems
All "covered projects", as set forth in Title IV, Chapter 16, Article VIII, Section 16-8.2 of the
Tiburon Municipal Code, shall be constructed using the following green building Standards for
Compliance and green building rating checklists or systems:
a) New single-family dwellings, and additions to existing single-family dwellings that
constitute at least a fifty percent (50%) increase in conditioned space, shall achieve at
least sixty (60) green points using the most recently published edition of the New Home
Construction Green Building Guidelines and the associated Single Family GreenPoint
Checklist published by Build It Green. Secondary dwelling unit additions are exempt.
b) New two-family dwellings, and additions to existing two-family dwellings that constitute
at least a fifty percent (50%) increase in conditioned space, shall achieve at least sixty
(60) green points using the most recently published edition of the New Home
Construction Green Building Guidelines and the associated Single Family GreenPoint
Checklist published by Build It Green.
Tiburon Town Council Resolution No. 44-2008 Adopted 1011512008 2
RESOLUTION NO. 44-2008
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ESTABLISHING GREEN BUILDING STANDARDS FOR COMPLIANCE, GREEN
RATING SYSTEMS, AND INCENTIVES FOR HIGHER GREEN RATINGS
WHEREAS, the design, construction and operation of buildings and structures within
the Town can have a significant impact on the Town's environmental sustainability, resource
usage, energy efficiency, waste management and the health and productivity of residents,
workers and visitors; and
WHEREAS, the design, construction and operation of buildings and structures also has
far-reaching effects on the region and globally through production of green house gases resulting
in global climate change and the consumption of resources that impact wildlife habitat; and
WHEREAS, green building benefits are spread throughout the systems and features of
the extensive use of high-recycled content products; recycling of waste that occurs during
deconstruction, demolition and construction; orientation and design of a building to reduce the
demand on the heating, ventilating, and air conditioning systems; the use of heating, ventilating,
and air conditioning systems that provide energy efficiency and improved air quality;
enhancement of indoor air quality by selection and use of construction materials that do not emit
chemicals that are toxic or irritating to building occupants; the use of water conserving methods
and equipment; and installation of alternative energy methods for supplemental energy
production; and
WHEREAS, in recent years, green building design, construction and operational
techniques have become increasingly widespread. Many homeowners, businesses and building
professionals have voluntarily sought to incorporate green building techniques into their projects.
A number of local and national systems have been developed to serve as guides and rating
systems for green building practices. The U.S. Green Building Council, developer of the
Leadership in Energy and Environmental Design (LEED(g) Green Building Rating Systems, has
become a leader in promoting and guiding green building, particularly for non-residential
structures. The Alameda County Waste Management Authority has developed the New Home,
Remodeling and Multi-Family Green Building Guidelines and associated Green Points
Checklists, published by Build It Green, which have been adopted for use in several Bay Area
jurisdictions including the County of Marin, City of San Rafael, and City of Larkspur; and
WHEREAS, according to recent studies published by the United States Green Building
Council and the U.S. Environmental Protection Agency, the construction, demolition and
operation of building in the United States collectively consume up to 37% of the total energy
used, 12% of all fresh water supplies, 40% of all raw materials used, and generate 36% of total
emissions of anthropogenic carbon dioxide, the primary greenhouse gas associated with global
climatic change, and 46% of all sulfur dioxide emissions, 19% of nitrogen oxide emissions and
10% of fire particulate emissions; and
Tiburon Town Council Resolution No. 44-2008 Adopted 1011512008 1
E1'T TIBIT NO.
WHEREAS, by requiring buildings within the Town of Tiburon to be constructed in an
environmentally responsible manner, the Town of Tiburon is participating in global endeavors to
reduce carbon dioxide, sulfur dioxide, nitrogen dioxide, waste generation and habitat change;
and
WHEREAS, on June 11, 2008, the Tiburon Planning Commission conducted a public
hearing and recommended adoption of the Zoning Ordinance amendments, green building rating
system, compliance standards, and incentives to the Town Council; and
WHEREAS, the Town Council has held public hearings on July 16, September 17, and
October 1, 2008 and has adopted a series of green building regulations through amendments to
the Tiburon Municipal Code, which regulations reference and rely upon the standards of
compliance set forth herein; and
WHEREAS, the Town Council finds that adoption of this Resolution is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of
the CEQA Guidelines, which exempt changes in land use regulations intended for the protection
of the environment, and/or have no potential to result in adverse impacts on the environment, and
are exempt from the requirements of CEQA pursuant to Section 15061 [b(3)] of the CEQA
Guidelines. The proposed regulations would reduce local, regional and global impacts on air and
water quality, resource consumption, waste generation and habitat change.
NOW THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon adopts the following Standards for Compliance for administration of Green Building
regulations contained in Title IV, Chapter 16 (Zoning), Article VIII, of the Tiburon Municipal
Code.
Standards for Compliance and Rating Checklists or Systems
All "covered projects", as set forth in Title IV, Chapter 16, Article VIII, Section 16-8.2 of the
Tiburon Municipal Code, shall be constructed using the following green building Standards for
Compliance and green building rating checklists or systems:
a) New single-family dwellings, and additions to existing single-family dwellings that
constitute at least a fifty percent (50%) increase in conditioned space, shall achieve at
least sixty (60) green points using the most recently published edition of the New Home
Construction Green Building Guidelines and the associated Single Family GreenPoint
Checklist published by Build It Green. Secondary dwelling unit additions are exempt.
b) New two-family dwellings, and additions to existing two-family dwellings that constitute
at least a fifty percent (50%) increase in conditioned space, shall achieve at least sixty
(60) green points using the most recently published edition of the New Home
Construction Green Building Guidelines and the associated Single Family GreenPoint
Checklist published by Build It Green.
Tiburon Town Council Resolution No. 44-2008 Adopted 1011512008 2
c) Single family dwelling additions that are greater than five hundred (500) square feet, but
that constitute less than a fifty percent (50%) increase in conditioned space of an existing
dwelling, shall achieve at least six (6) green points using the most recently published
edition of the New Home Construction Green Building Guidelines and the associated
Single Family GreenPoint Checklist published by Build It Green, with a minimum of two
(2) points from at least three (3) categories.
d) Two-family dwelling additions that are greater than five hundred (500) square feet, but
that constitute less than a fifty percent (50%) increase in conditioned space of an existing
two-family dwelling, shall achieve at least six (6) green points using the most recently
published edition of the New Home Construction Green Building Guidelines and the
associated Single Family GreenPoint Checklist published by Build It Green, with a
minimum of two (2) points from at least three (3) categories.
e) New multiple dwellings (3 or more units), and additions to existing multiple dwellings
that constitute at least a fifty percent (50%) increase in conditioned space, shall achieve at
least sixty (60) points using the most recently published edition of the Multifamily Green
Building Guidelines and the associated Multifamily Greenpoint Checklist published by
Build It Green.
f) Multiple family dwelling additions that are greater than five hundred (500) square feet,
but that constitute less than a fifty percent (50%) increase in conditioned space of an
existing two-family dwelling, shall achieve at least six (6) green points using the most
recently published edition of the New Home Construction Green Building Guidelines and
the associated Single Family GreenPoint Checklist published by Build It Green, with a
minimum of two (2) points from at least three (3) categories.
g) New non-residential construction of 3,000 to 19,999 square feet of conditioned space
shall achieve at least a LEEDS "Silver" rating (33-38 points ) using the most recently
published version of the LEEDS for New Construction or other more appropriate
LEEDS rating system as determined by the Building Official based on the proposed
construction type, and
h) New non-residential construction exceeding 19,999 square feet of conditioned space shall
achieve at least a LEEDS "Gold" rating (39-51 points) using the most recently published
version of the LEED® for New Construction or other more appropriate LEEDS rating
system as determined by the Building Official based on the proposed construction type.
i) Town-sponsored projects shall achieve at least a LEEDS "Gold" rating (39-51 points),
using the most recently published version of the LEED® for New Construction or other
more appropriate LEEDS rating system as determined by the Building Official based on
the proposed construction type, unless specifically exempted by resolution of the Town
Council.
Tiburon Town Council Resolution No. 44-2008 Adopted 1011512008 3
Incentives
Projects that meet the following enhanced green building standards are entitled to administrative
and financial incentives:
a) New single-family dwellings and major additions thereto, and new two-family dwellings
and major additions thereto, which achieve at least one hundred (100) points using the
most recently published edition of the New Home Construction Green Building
Guidelines and the associated Single Family GreenPoint Checklist published by Build It
Green.
b) New multi-family dwelling units or major additions thereto, which achieve at least one
hundred (100) points using the most recently published edition of the Multifamily Green
Building Guidelines and the associated Multifamily GreenPoint Checklist published by
Build It Green.
c) New non-residential construction that achieves at least a LEED® "Platinum" rating using
the most recently published version of the LEED® for New Construction of other more
appropriate LEED(& rating system as determined by the Building Official based on the
proposed construction type.
Administrative and financial incentives shall include all of the following:
a) Expedited processing of building permit plan checks.
b) Reimbursement for costs of a Certified Green Building Rater associated with verification
of compliance with green building regulations for residential projects up to a maximum
of $1,000 per project.
c) Provision of a plaque certifying the building as meeting the Town's "Emerald" Green
Building Standards.
d) Provision of a Town Green Building logo for placement on construction and sales
signage.
e) Listing on the Town's website for a period of time, as determined by the Director of
Community Development.
BE IT FURTHER RESOLVED that this resolution shall go into effect on October 31,
2008.
Tiburon Town Council Resolution No. 44-2008 Adopted 1011512008 4
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on October 15, 2008, by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Berger, Collins, Fredericks, Gram, Slavitz
None
None
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Resolution No. 44-2008 Adopted 1011512008 5
RESOLUTION NO. DRAFT-2011
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
RESCINDING RESOLUTION NO. 44-2008 ESTABLISHING STANDARDS FOR
GREEN BUILDING
WHEREAS, in October 2008, the Town Council adopted Resolution No. 44-2008
establishing standards for green building applicable to both residential and non-residential
projects. The standards implemented provisions set forth in Article IX of Chapter 16 (Zoning) of
the Tiburon Municipal Code regarding Green Building; and
WHEREAS, the Town of Tiburon is obligated under state law to adopt, and has
adopted, a new construction code known as CALGreen that provides more stringent green
building standards than are set forth in Resolution No. 44-2008; and
WHEREAS, state law requires that local amendments to building code may not be less
stringent than those contained within the state-adopted code, thereby necessitating the repeal of
the Town's Green Building provisions contained in Article IX and the rescission of green
building standards set forth in Resolution No. 44-2008; and
WHEREAS, the Town Council finds that adoption of this resolution is exempt from the
requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the
CEQA Guidelines; and
WHEREAS, the Town Council hereby adopts this resolution in order to promote and
protect the public health, safety, and general welfare and achieve compliance with state-
mandated construction codes.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby rescind Resolution 44-2008, adopted October 15, 2008, effective
immediately.
Tiburon Town Council Resolution No. XX-2011 Page 1 of 2
Ear IIIBIT NO.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on , 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE IACOPI, TOWN CLERK
S: Wministrationl Town CouncibStaff Reports120111March 2 draftslRescind Green Building Standars reso.doc
Tiburon Town Council Resolution No. XX-2011 Page 2 of 2
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
March 2, 2011
Agenda Item:
011-1-1 (1)
BACKGROUND
In April 2011, Fair Housing of Marin will once again celebrate Fair Housing Month as a reminder
that equal housing is not only state and national policy, but a fundamental concept that the people
of our County embrace.
The Town Council is being asked to adopt its own proclamation that urges all Tiburon residents
to adopt the spirit, as well as the law, of equal housing opportunity. Proclamations will be
announced at the Fair Housing Poster Contest Awards Ceremony and celebration on April 4,
2011, at the Marin County Board of Supervisors' chambers.
RECOMMENDATION
Staff recommends that the Town Council authorize signature by the Mayor of the attached
Proclamation in support of Fair Housing Month in Marin.
Exhibits: Letter from Fair Housing of Marin
Draft Proclamation
Prepared By: Diane Crane Iacopi, Town Clerk
A
~ FAIR HOUSING OF MARI
615 B Street, San Rafael, CA 94901 v (415) 457-5025 v TDD: (800) 735-2922 v Fax: (415) 457-6382
www.fairhousingmarin.com V fhom@afairhousingmarin.com
February 9, 2011 D ECHVE
Mayor Jeff Slavitz FEB 2011
Town Hall
1505 Tiburon Boulevard TOWN CLERK
Tiburon, CA 94920 TOWN OF TIBURON
RE: 2011 PROCLAMATION - THE MANY FACES OF MARIN
Dear Mayor Slavitz:
In April 2011, Fair Housing of Marin will once again celebrate National Fair Housing Month, as a
reminder that equal housing is not only state and national policy, but also a fundamental human
concept that the people of our County embrace.
At this time, we would like to ask you to be part of this effort and issue a Proclamation declaring
April 2011 as Fair Housing Month. Our theme this year is: The Many Faces of Marin. Your
leadership in this effort is vital because during Fair Housing Month we strive to emphasize the rich
cultural diversity of our citizens. To that end, we are enclosing sample wording for the
Proclamation.
Proclamations will be announced at the Fair Housing Poster Contest Awards Ceremony in
conjunction with the Fair Housing Celebration on April 4, 2011 at 10:00 a.m. at the Marin County
Board of Supervisors' chambers in the San Rafael Civic Center. Marin County Supervisor, Susan
Adams, will present the county Proclamation and Mary Jane Burke, Marin County Superintendent
of Schools, will be the MC. An invitation for you to attend this event will come by separate mail at
a later date. Also, your Proclamation will be mentioned in our literature and press releases
regarding Fair Housing Month.
We hope the Town of Tiburon will participate in this countywide effort to support equitable housing for
all. If you have any questions, please do not hesitate to contact me at (415) 457-5025 x108 or via
email to aames@fairhousingmarin.com.
Sincerely,
Adriana Ames
Education Director
Enclosure
TDD: CALIFORNIA RELAY SERVICE FOR THE HEARING OR SPEECH IMPAIRED: (800) 735-2922
SE HABLA ESPANOL - NEU CAN GIUP DO BANG TIENG VIET NAM XIN LIEN LAC S& (415) 491-9677
MEMBER, NATIONAL FAIR HOUSING ALLIANCE
TOWN OF TIBURON
PROCLAMATION IN SUPPORT OF
FAIR HOUSING MONTH
APRIL. 2011
WHEREAS, the principle of fair housing is not only state and national law and
policy, but a fundamental human concept and entitlement for all citizens; and
WHEREAS, discrimination based on race, national origin, gender, disability,
familial status (exclusion of minor children), religion, martial status, and sexual
orientation is illegal in California; and
WHEREAS, as a community we welcome all good neighbors, recognizing the
contributions and richness tendered by a wide variety of young and old, male and
female, people of all colors and ethnic backgrounds, religious traditions, etc; and
WHEREAS, interested parties from both the private and public sectors will
participate in a city, state and national effort to promote fair housing;
NOW THEREFORE I, Jeff Slavitz, Mayor of the Town of Tiburon, on behalf of
the Tiburon Town Council, do hereby proclaim the month of April, 2011 to be:
FAIR HOUSING MONTH
in the Town of Tiburon and urge all residents of our community to personally
adopt the spirit of equal housing opportunity and adhere to the letter and character
of the Fair Housing Laws.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
Town of Tiburon to be affixed this 2pd day of March, 2011.
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Department of Administrative Services
Town Council Meeting
March 2, 2011
Agenda Item: Cr Subject: Recommendation to Authorize Town Manager to Enter into an Agreement
with the California Franchise Tax Board for Exchange of Tax Data
Information
Reviewed By:
71~~'-
BACKGROUND
The Town of Tiburon requires every business located within the Town limits to obtain an annual
business license. The Town uses various methods to locate unlicensed businesses. The State of
California Franchise Tax Board has a program whereby the Town and State can exchange tax
data specific to the Town of Tiburon. The Town would use the information provided by the State
to locate businesses that are unlicensed. In order to share tax data information, the State of
California Requires formal action by the governing board authorizing execution of the document.
FINANCIAL IMPACT
The financial impact of entering in this agreement is unknown at this time. It is anticipated the
Town will realize additional business license revenue by capturing unlicensed businesses. There
is no financial outlay to enter into the agreement.
RECOMMENDATION
Staff recommends that the Town Council:
1. Authorize the Town Manager to Execute the Standard Agreement between the State of
California and the Town of Tiburon to exchange tax data information
Exhibits: Standard Agreement for Exchange of Tax Data
Prepared By: Heidi Bigall, Director of Administrative Service
TOWN OF TIBURON PAGE 1 OF 1
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
AGREEMENT NUMBER
C1000264
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Franchise Tax Board
CONTRACTOR'S NAME
City of Tiburon
2. The term of this
Agreement is: June 1, 2011 through December 31, 2013
3. The maximum amount $ 0.00
of this Agreement is: NON-FINANCIAL AGREEMENT
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made
a part of the Agreement.
Exhibit A - Scope of Work
3 pages
Exhibit C* - General Terms and Conditions
GTC610
Exhibit D - Special Terms and Conditions
3 pages
Exhibit E - City Record Format Specifications
2 pages
Exhibit F - FTB Record Layout Specifications
1 page
Exhibit G - Confidentiality Statement
1 page
Items shown with an Asterisk are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www,ofs:_dgs,ca,god/Stai~ciard+~anguage/defu/t._htm
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
UUN i KAU FOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Tiburon
BY (Authorized Signature) DATE SIGNED(Do not type)
r'MIN i to NAME AND TITLE OF PERSON SIGNING
r%uumaoo
1505 Tiburon Blvd. Tiburon, CA 94920
AGENCY NAME
Franchise Tax Board
STATE OF CALIFORNIA
by (Authorized Signature)
DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Lisa Garrison, Chief Financial Officer
rxaoo
California Department of General
Services Use Only
® Exempt per: SCM 4.04.5.b.
P.O. Box 2086, Rancho Cordova, CA 95741-2086
City of Tiburon
EXHIBIT A
SCOPE OF WORK
Agreement # C1000264
This Agreement is entered into by and between the Franchise Tax Board, herein referred to as
(FTB) and the City of Tiburon, herein after referred to as the City.
Purpose:
This Agreement allows FTB and the City to enter into a reciprocal agreement to exchange tax
data specific to city business license information for tax administration purposes. By entering
into a reciprocal agreement, each party agrees to bear their own costs of providing the data and
the City is precluded from obtaining reimbursement.
Both parties will abide by the legal and confidential provisions of this Agreement. Exhibits A, C,
D, E, F, and G attached hereto and incorporated by reference herein, set forth additional terms
to which the parties agree to be bound.
Legal Authority:
California Revenue and Taxation Code (R&TC) Section 19551.5 mandates cities to provide city
business tax data to FTB. RUC 19551.1 authorizes a reciprocal agreement for the exchange of
city business tax and income tax information between a city and FTB.
City Responsibilities:
1. The City agrees that the information provided by FTB will be used exclusively to administer
the City's business tax program.
2. The City agrees that information obtained under this Agreement will not be reproduced,
published, sold, or released in original or in any other form for any purpose; and only
accessed by City employees.
3. The City agrees to provide FTB with tax information pursuant to Exhibit E, Format
Specifications, which shall include but is not limited to the following:
• Business or owner's name.
• Business or residence address.
• Federal employer identification number or social security number.
• North American Industry Classification Code or Standard Industry Classification Code.
4. The City agrees to extract and provide City data to FTB annually in June for each tax year
that the Agreement is in place, June 2011, 2012, and 2013. If the Agreement is executed
after June 30, 2011, the City has 30 days after execution to provide FTB with the first year's
data.
5. The City agrees to submit the records to FTB using FTB's Secure Web Internet File Transfer
(SWIFT).
6. The City agrees to submit the records to FTB in ASCII fixed length format, txt, per the
Format Specifications, Exhibit E.
City of Tiburon
EXHIBIT A
SCOPE OF WORK (continued)
Agreement # C1000264
7. The City agrees to resubmit data in the event data is initially submitted with errors. The
resubmission of data must be within 30 days of notification. If data is not submitted
accurately and timely, the City forfeits its rights to FTB data for that year.
8. The City agrees that each City employee having access to FTB data shall sign a
Confidentiality Statement, Exhibit G. The signed statement is to be retained by the City and
produced to FTB upon request.
9. The City agrees to submit to FTB a completed safeguard questionnaire prior to receiving
FTB data. The safeguard questionnaire is valid for the duration of the Agreement.
10. The City agrees to provide a copy of the resolution, order, motion, or ordinance of the local
governing body, authorizing the execution of the Agreement.
FTB Responsibilities:
1. FTB agrees that information provided by the City will be used for tax administration and non-
tax programs that FTB administers and may be shared with other state/federal agencies as
authorized by law.
2. FTB agrees that information obtained under this Agreement will not be reproduced,
published, sold, or released in original or in any other form for any purpose.
3. FTB agrees to provide the City data extracted from the Taxpayer Information (TI) and
Business Entities Tax System (BETS). FTB will provide the City records for taxpayers within
the city's jurisdiction who indicate a business on their personal or corporation income tax
return. The Record Layout, Exhibit F shall include, but is not limited to:
• Taxpayer name.
• Taxpayer address.
• Taxpayer social security number or federal employer identification number.
• Principal business activity code.
4. FTB agrees to match the data provided by the City using the social security number or
federal employer identification number against FTB's data with a yes or no indicator on the
Record Layout, Exhibit F. The first year's data match is at the discretion of FTB and will be
based on when the data is received and processed.
5. FTB agrees to provide the City an annual extraction in December 2011 for tax year 2010,
December 2012 for tax year 2011, and December 2013 for tax year 2012 via SWIFT.
6. FTB agrees to register the City for a SWIFT account, allowing for the secure electronic
transmission of data.
7. FTB agrees to provide the City a unique City Business Tax Number to be used for reporting
purposes only.
8. FTB agrees to allow the City to resubmit data within 30 days of notification, in the event data
is initially submitted with errors.
City of Tiburon
EXHIBIT A
SCOPE OF WORK (continued)
Project Coordinators:
The project coordinators during the term of this Agreement will be:
Franchise Tax Board
Cathy McCollum
Data Resources and Services Unit
P.O. Box 1468, Mailstop A181
Sacramento, CA 95812-1468
Phone: (916) 845-4431
Fax: (916) 845-4849
Agreement # C1000264
City of Tiburon
Heidi Bigall
Director of Administrative Services
1505 Tiburon Blvd.
Tiburon, CA 94920
Phone: (415) 435-7379
Return executed agreement to:
Franchise Tax Board
Procurement & Asset Management Bureau
Attention: Marlene Simpson
P.O. Box 2086, Mailstop A-374
Rancho Cordova, CA 95741-2086
Phone: (916) 845-5648
Fax: (916) 845-3599
City of Tiburon
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
Agreement # C1000264
1. DATA OWNERSHIP: The classified confidential tax information being provided to the City
under this Agreement remains the exclusive property of FTB. The City shall have the right
to use and process the disclosed information for the purposes stated in this Agreement,
which right shall be revoked and terminated immediately upon completion of this
Agreement.
2. STATEMENT OF CONFIDENTIALITY: The Franchise Tax Board has tax return
information and other data in its custody, which is confidential data. Unauthorized
inspection or disclosure of state tax return information or other confidential data is a
misdemeanor (Revenue and Taxation Code Section 19542 and 19542.1).
3. USE OF INFORMATION: The City and FTB agree that the information furnished or secured
pursuant to this Agreement shall be used solely for the purposes described by this
Agreement. The information obtained by FTB shall be used for tax administration and non-
tax programs that FTB administers and may be shared with other state/federal agencies as
authorized by law. The City and FTB further agree that information obtained under this
Agreement will not be reproduced, published, sold, or released in original or in any other
form for any purpose other than identified in this Agreement or as authorized by law.
4. EMPLOYEE ACCESS TO INFORMATION: Both FTB and the City agree that the
information obtained will be kept in the strictest confidence and shall make information
available to its own employees only on a "need to know" basis. The "need to know"
standard is met by authorized employees who need information to perform their official
duties in connection with the uses of the information authorized by this Agreement. Both
parties recognize their responsibilities to protect the confidentiality of this information as
provided by law and ensures such information is disclosed only to those individuals and of
such purpose, as authorized by the Revenue and Taxation Code.
5. DISCLOSURE OF CONFIDENTIAL INFORMATION: Any unwarranted disclosure or use of
state tax return information or any willful unauthorized inspection of the return information is
an act punishable as a misdemeanor. Inspection is defined to mean any examination of
confidential information. No one other than authorized employees may access, use, view or
manipulate the data being transmitted to the City under this Agreement. The City, in
recognizing the confidentiality of state tax return information, agrees to take all appropriate
precautions to protect from unauthorized disclosure of the confidential information obtained
pursuant to this Agreement. The City will conduct oversight of its users with access to the
confidential information provided under this Agreement, and will promptly notify FTB of any
suspected violations of security or confidentiality by its users.
The City and each of the City's employees who may have access to the confidential data of
FTB will be required to sign a Confidentiality Statement, Exhibit G, attesting to the fact that
he/she is aware of the confidential data and the penalties for unauthorized disclosure
thereof. The signed statement shall be retained by the City and furnished to FTB upon
request.
City of Tiburon
EXHIBIT D
SPECIAL TERMS AND CONDITIONS (continued)
Agreement # C1000264
6. INCIDENT REPORTING: All unauthorized or suspected unauthorized access; use and/or
disclosure (incidents) of FTB data shall be reported to FTB's contact, Cathy McCollum at
(916) 845-4431, immediately upon discovery of the incident. The incident report shall
contain the following: date, time, employee name, description of the incident or
circumstances, and means of discovery. Upon discovery of any such incident, FTB will
make the appropriate notification to affected California resident(s) pursuant to the
requirements of Civil Code Section 1798.29.
7. INFORMATION SECURITY: Information security is defined as the preservation of the
confidentiality, integrity, availability, authenticity, and utility of information. A secure
environment is required to protect the confidential information obtained from FTB pursuant
to this Agreement. The City will store information so that it is physically secure from
unauthorized access. The records received by the City will be securely maintained and
accessible only by employees of the city business license program who are committed to
protect the data from unauthorized access, use, and disclosure.
8. DESTRUCTION OF RECORDS: All records received by the City from FTB and any
database(s) created, copies made, or files attributed to the records received will be
destroyed within three years of receipt. The records shall be destructed in a manner to be
deemed unusable or unreadable and to the extent that an individual record can no longer
be reasonably ascertained. FTB will destroy City data in accordance with the Department's
data retention policies.
9. INDEMNIFICATION: Both parties agree to indemnify, defend, and save harmless each
other, its officers, agents, and employees from any and all claims and losses accruing or
resulting from any breach of confidentiality by either party and/or its employees.
10. SETTLEMENT OF DISPUTES: In the event of a dispute, the City shall file a "Notice of
Dispute" with the Chief Counsel of the Franchise Tax Board within ten (10) days of
discovery of the problem. Within ten (10) days, the Chief Counsel or his/her designee shall
meet with the City and the FTB contact for purposes of resolving the dispute. The decision
of the Chief Counsel shall be final.
11. SAFEGUARD QUESTIONNAIRE and REVIEW: Prior to sending data to the City, FTB
requires the City to submit a safeguard questionnaire certifying the protection and
confidentiality of FTB data. The FTB retains the right to conduct an on-site safeguard
review of the City. The City will be provided a minimum of seven (7) days' notice prior to a
safeguard review being conducted by the FTB Disclosure Office. The safeguard review will
examine the adequacy of information security controls established by the City in
compliance with the confidentiality requirements pursuant to this Agreement. The City will
take appropriate disciplinary actions against any user determined to have violated security
or confidentiality requirements.
12. LIMITED WARRANTY: Either party does not warrant or represent the accuracy or content
of the material available through this Agreement, and expressly disclaims any express or
implied warranty, including any implied warranty of fitness for a specific purpose.
City of Tiburon
EXHIBIT D
SPECIAL TERMS AND CONDITIONS (continued)
Agreement # C1000264
13. CANCELLATION: Either party may terminate this Agreement, in writing for any reason,
upon thirty days' (30) prior written notice. This Agreement may be terminated by either
party in the event of any breach of the terms of this Agreement. Both parties agree that in
the event of a breach to the terms of this Agreement, it shall destroy all records and any
databases created, copies made, or files attributed to the records received. The records
shall be destructed in a manner to be deemed unusable or unreadable and to the extent
that an individual record can no longer be reasonably ascertained, upon destruction.
14. NO THIRD PARTY LIABILITY: Nothing contained in this Agreement or otherwise shall
create any contractual relation between either party and any other party, and no party shall
relieve the City or FTB of its responsibilities and obligations hereunder. Both parties agree
to be fully responsible for the acts and omissions of its third parties and of persons either
directly or indirectly employed by any of them as it is for the acts and omissions of persons
directly employed by the City or FTB. Both parties shall have no obligation to pay or to see
the payment of any monies to any party or persons either directly or indirectly employed by
the City or FTB.
City of Tiburon
EXHIBIT E
CITY RECORD FORMAT SPECIFICATIONS
Agreement # C 1000264
Data Element Name
Start
End
Field
Usage
Description
Pos.
Pos.
Size
SOCIAL SECURITY NUMBER
1
9
9
AN
Must be present unless FEIN is
(SSN)
provided. Fill unused field with
blanks.
FEDERAL EMPLOYER
10
18
9
AN
Must be present unless SSN is
ID NUMBER (FEIN)
provided. Fill unused field with
blanks.
OWNERSHIP TYPE
19
19
1
AN
Must be present:
S = Sole Proprietorship
P = Partnership
C = Corporation
T = Trust
L = Limited Liability Company
OWNER'S LAST NAME
20
34
15
AN
Must be present if Ownership Type
in position 19 = S.
OWNER'S FIRST NAME
35
45
11
AN
Must be present if Ownership Type
in position 19 = S.
OWNER'S MIDDLE INITIAL
46
46
1
AN
May be left blank.
BUSINESS NAME
47
86
40
AN
Enter if business is operating under
a fictitious name (Doing Business
As (DBA)).
BUSINESS ADDRESS
87
126
40
AN
Address of the business location or
NUMBER AND STREET
the residence of the owner if sole
proprietorship.
CITY
127
166
40
A
Must be present.
STATE
167
168
2
A
Enter standard state abbreviation.
ZIP CODE
169
177
9
AN
Enter the five- or nine-digit ZIP
Code assigned by the U.S. Postal
Service. If only the first five-digits
are known, left-justify information
and fill the unused fields with
blanks.
BUSINESS START DATE
178
185
8
N
Enter the eight-digit date
(MMDDYYYY). Zero fill if not
known.
BUSINESS CEASE DATE 186 193 8 N Enter the eight-digit date
(MMDDYYYY) if out of
business. Zero fill if not known or
still in business.
City of Tiburon
Agreement # C1000264
CITY BUSINESS TAX 194 196 3
NUMBER
N Enter three-digit number assigned
by FTB.
NORTH AMERICAN 197 202 6
INDUSTRY CLASSIFICATION
N Enter the six-digit NAICS code. Fill
SYSTEM (NAICS)
unused fields with zeros.
STANDARD INDUSTRIAL 203 206 4
CLASSIFICATION (SIC)
N Enter the 2-4 digit SIC code. Left
justify (example 99 will be 9900).
Fill unused fields with zeros.
TOTAL RECORD LENGTH 206
City of Tiburon
FRANCHISE TAX BOARD RECORD LAYOUT SPECIFICATIONS
Field Name
Length
Start
Description
Pos.
ENTITY TYPE
1
1
"P" - personal income tax record;
"B" - business entity tax record.
SSN or FEIN
9
2
For "P" records, primary taxpayer's social
security number; For "B" records, federal
employer identification number.
LAST NAME
40
11
For "P" records, the primary taxpayer's last
name; For "B" records, business name.
FIRST NAME
11
51
For "P" records ONLY.
MIDDLE INITIAL
1
62
For "P" records ONLY.
SPOUSE SSN
9
63
For "P" records filed with a joint return.
SPOUSE LAST NAME
17
72
For "P" records filed with a joint return.
SPOUSE FIRST NAME 11 89
SPOUSE MIDDLE INITIAL 1 100
PBA CODE 6 101
ADDRESS NUMBER 10 107
PRE-DIRECTIONAL DIRECTOR 2 117
EXHIBIT F
Agreement # C1000264
For "P" records filed with a joint return.
For "P" records filed with a joint return.
Principal business activity code.
Postal Service term (i.e., N, S, E, W, NE,
NW, SE, SW).
STREET NAME 28 119
STREET SUFFIX 4 147
POST-DIRECTIONAL INDICATOR 2 151
STREET SUFFIX 2
APARTMENT/SUITE NUMBER
CITY
STATE
ZIP CODE
ZIP CODE SUFFIX
CBT MATCH
4
10
13
2
5
4
1
153
157
167
180
182
187
191
e.g., ST, WAY, HWY, BLVD, etc.
Postal Service term (i.e., N, S, E, W, NE,
NW, SE, SW).
e.g., APT, UNIT, FL, etc.
Standard state abbreviation.
The five-digit ZIP Code assigned by the U.S.
Postal Service.
Provided if known.
"N" - No match per CBT data. "Y" - Yes:
CBT matched to state tax return filed.
City of Tiburon
EXHIBIT G
CONFIDENTIALITY STATEMENT
State of California
Agreement # C1000264
Franchise Tax Board
Confidential tax return information is protected from disclosure by law, regulation, and
policy. Information security is strictly enforced. Violators may be subject to disciplinary,
civil, and/or criminal action. Protecting confidential tax return information is in the
public's interest, the state's interest, and the city's interest.
A city employee is required to protect the following types of information received from
the Franchise Tax Board:
• Taxpayer name
• Taxpayer address
• Taxpayer social security number or taxpayer identification number
• Principal business activity code
A city employee is required to protect confidential information by:
• Accessing or modifying information only for the purpose of performing official duties.
• Never accessing or inspecting information for curiosity or personal reasons.
• Never showing or discussing confidential information to or with anyone who does not
have the need to know.
• Placing confidential information only in approved locations.
• Never removing confidential information from your work site without authorization.
As a city employee, you are required to know whether information is protected. If you have any
question regarding whether particular information is confidential, check with your department's
project coordinator.
Unauthorized inspection, access, use, or disclosure of confidential tax return information
is a crime under state laws, including but not limited to Sections 19542 and 19552 of the
California Revenue and Taxation Code and Section 502 of the Penal Code. Unauthorized
access, inspection, use, or disclosure may result in either or both of the following:
• State criminal action
• State and/or taxpayer civil action
T uu are reminoea tnat these rules are designed to protect everyone's right to privacy, including
your own.
I certify that I have read the confidentiality statement printed above. I further certify and
understand that unauthorized access, inspection, use, or disclosure of confidential
information may be punishable as a crime and may result in disciplinary and/or civil
action being taken against me.
Name
Signature Date
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Department of Public Works
Town Council Meeting
March 2, 2011
Agenda Item:
CC
Recommendation to Accept the 2010 Annual Street Improvement
Project, And Authorize The Filing Of The Notice Of Completion For
The Work
On July 7, 2010, the Council authorized staff to advertise and seek bids for the construction of the
2010 Annual Street Improvement Project. The project was posted and advertised as required by
the State of California's Public Contract Code. In addition to required advertising notice, the
Town sent notices inviting bids to construction trade publicatioli plan rooms, and bids were
opened on August 2, 2010.
The contract was awarded to Ghilotti Bros., Inc. on August 25, 2010 in the amount of $732,124.
Work consisted of asphalt concrete grinding and resurfacing, localized base repair, traffic
striping, and other related work.
The work was substantially completed on February 4, 2011 The completed work included one
change order for unforeseen items of work in the total amount of $ 6,257.72. Based on the work
performed, material installed, and total change orders, the final construction project cost is
$681,525.52, delivering the construction project under the awarded budget. Sufficient funds have
been programmed in the FY 2010-11 year to cover the project. -
The project ran into significant delays as a result of the contractor's scheduling conflict.
However, the quality of the installed work was maintained and complies with the overall
specifications. Staff will be claiming compensation for the delays and will seek to recover it from
the retention amount held by the Town.
I own C.. ounc it Mc•c: ink
RECOMMENDATION
Staff recommends that the Town Council:
Move to adopt a resolution accepting this project as complete and authorizing the Director
of Public Works / Town Engineer to execute the Notice of Completion on behalf of the
Town Council, and upon completion of the 35 day period, release the retention funds to
the contractor pending release of any stop notices or Town claims.
Exhibits: Resolution Accepting the 2010 Annual Street Improvement Project, And
Authorizing The Filing Of The Notice Of Completion For The Work.
Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer
TcA\ : t,I .1 iR[
RESOLUTION NO. -2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ACCEPTING THE 2010 ANNUAL STREET IMPROVEMENT PROJECT,
AND AUTHORIZING THE FILING OF THE
NOTICE OF COMPLETION FOR THE WORK
WHEREAS, The Town Council budgeted funds in Fiscal Year 2010-11 to complete the
proj ect;
WHEREAS, Ghilotti Bros., Inc. was awarded the contract on August 25, 2010 to
perform the work;
WHEREAS, The construction of the project was substantially completed under budget
on February 41 2011; and
WHEREAS, The final construction cost, including payment of total quantities installed
is $681,525.52.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Tiburon as follows:
Section 1. The Town Council does hereby accept the construction of the 2010 Annual Street
Improvement Project as complete by Ghilotti Brothers, Inc.
Section 2. The Town Council authorizes the Director of Public Works / Town Engineer to
execute the Notice of Completion and the Town Clerk to record the Notice of Completion.
Section 3. The Town Council authorizes the Director of Public Works / Town Engineer to
release the retention payment 35 days after the recordation date of the Notice of Completion,
pending release of any stop notices or Town claims.
PASSED AND ADOPTED at a regular meeting of the Town Council on the 2"d day of
March, 2011, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
1/1
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Administrative Services Department
Town Council Meeting
March 2, 2011
Agenda Item: cc_ C
Recommendation to Approve a Loan to Marin Housing Authority
for Below Market Rate Unit at Chandler's Gate
The Town has contracted with the Marin County Housing Authority ("Housing Authority") to
administer the Below Market Rate ("BMR") program for ownership units. Pursuant to that
contract, the Housing Authority locates qualified buyers for units as they become available for
purchase. Each purchaser must sign two documents that ensure that the unit stays in the BMR
program: (1) A Resale and Financing Restriction and Option to Purchase ("Resale Restriction");
and (2) A Deed of Trust that allows the Housing Authority to foreclose on the unit if the buyer
breaches the first document. The Town has the right of first refusal to purchase such units.
Should the Town not desire to exercise the -option to purchase, the Town then may convey the
option to the Housing Authority.
The majority of BMR unit re-sales occur between a willing seller and another low or moderate
income family that has been qualified by the Housing Authority, in which case no public agency
funds are required to close the transaction. But occasionally, the Housing Authority must
exercise the option because of the owner's failure to pay the mortgage, property taxes or HOA
dues, or because of a breach of the Resale Restriction. In these cases, the Housing Authority
must exercise its option to purchase the unit to maintain the unit in the BMR program. This is
presently the case with one of the Chandler's Gate two-bedroom units. Town staff does not
recommend that the Town exercise its first right of refusal to purchase this property, which is
restricted as a very-low income, senior unit. Instead, staff recommends that the Town loan the
Housing Authority the funds necessary to exercise the option. The unit will ultimately be resold
to another qualified buyer and the funds returned to the Town. The Town has previously lent
money to the Marin Housing Authority to clear title to a BMR unit without any problems arising.
The Housing Authority estimates that it will take up to six months to complete the exercise
option. Barring complications, the resale price will be set at an amount that will enable the Town
to recoup all of its costs, including legal fees.
FINANCIAL IMPACT
The loan amount shall be $120,000 and would be lent from the Town's Low-Moderate Income
Housing fund. The eventual resale price will include any lost interest income calculated at the
current Local Agency Investment Fund rate. Therefore there is no fiscal impact to approving this
loan.
RECOMMENDATION
Staff recommends that the Town Council:
Affirm its desire to provide a loan to the Marin County Housing Authority from the
Town's Low-Moderate Income Housing Fund for the purchase of a below market rate
housing unit in an amount not to exceed $120,000 and authorize the Town Manager to
execute any documents required to provide this loan.
Prepared By: Heidi Bigall, Director of Administrative Services