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HomeMy WebLinkAboutTC Agd Pkt 2012-06-06TOWN Or TIBURON Regular Meeting Tiburon Town Hall Tiburon Town Council 1505 Tiburon. Boulevard June 6, 2012 Tiburon, CA 94920 Meeting time - 7:30 p.m. Closed Session - 6:30 p.m.* Interviews - 7:15 p.m.* AGENDA 'Revised 6-4-121 TIBURON TOWN COUNCIL *CLOSED SESSION - (6:30 p.m.)* CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Bargaining Units: Tiburon Police Association; SEIU Negotiators: Town Manager and Director of Administrative Services CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Zwonar Zv. Marinero Condominiums Homeowners Association, Town of Tiburon, et al. 'INTERVIEWS - Current and pending vacancies on the Tiburon Building Code Appeals Board and the Belvedere-Tiburon Library Agency Board of Trustees 'New Time 715p.m.. - Rich Ostaggi (Building Code Appeals Board) 7:00 p.m. -Jeff Foran (Library Agency) - cancelled 7:15 p.m. - Tom Gram (Library Agency) - cancelled* CALL TO ORDER AND ROLL CALL Councilmember Doyle, Councilmember Collins, Councilmember Fredericks, Vice Mayor O'Donnell, Mayor Fraser ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY PRESENTATION • Presentation of Proclamation in Honor of Sam Chapman, Tiburon's Hometown Hero (Mayor Fraser) ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - Adopt Minutes of May 2, 2012 regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes -Adopt Minutes of May 16, 2012 special meeting (Town Clerk Crane Iacopi) 3. Town Investment Summary - Adopt report for April, 2012 (Director of Administrative Services Bigall) 4. Lyford Drive Multi-Modal Parking Lot Project - Adopt resolution approving an agreement with the State Department of Transportation (CalTrans) permitting the construction and maintenance of the Lyford Drive Parking Lot Project (Town Attorney Danforth) ACTION ITEMS 1. Appointments to Boards, Commissions and Committees - Consider appointments to fill vacancies on Building Code Appeals Board and Belvedere-Tiburon Library Agency Board of Trustees (Town Clerk Crane Iacopi) 2. Joint Recreation Committee Composition - Recommendation to approve amendment to the Belvedere-Tiburon Joint Recreation Committee expanding the Governing Board to include members of the Town of Tiburon and City of Belvedere City Councils (Town Attorney Danforth) 3. Residential Resale Building Reports - Review of Residential Building Reports (RBRs) process (Director of Community Development Anderson) PUBLIC HEARINGS 1. Animal Control Services - Recommendation to adopt a revised fee schedule for Animal Control Services provided by the Marin Humane Society under a joint Powers Agreement between all the Marin cities and the County of Marin (Director of Community Development Anderson) 2. FY 2012-13 Municipal Budget - Introduction and adoption of Municipal Budget for fiscal year ending June 30, 2013 (Director of Administrative Services Bigall) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest - May 4, 2012 • Town Council Weekly Digest - May 11, 2012 • Town Council Weekly Digest - May 18, 2012 • Town Council Weekly Digest - May 25, 2012 • Town Council Weekly Digest -June 1, 2012 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 xvill 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, v,,ww.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN COUNCIL MINUTES CALL TO ORDER Mayor FrasCay,May e regu~r m eting of the Tiburon Town Council to order at 7:30 p.m. on Wednes , 2012, inT wn Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Doyle, Fraser, Fredericks, O'Donnell Town Manager Curran, Director of Community Development Anderson, Director of Administrative Services Bigall, Police Chief Cronin, Director of Public Works/Town Engineer Nguyen, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session, beginning at 7:15 p.m., to discuss the following: CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit: Tiburon Police Association Negotiators: Town Manager and Director of Administrative Services CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor Fraser said that there was no action taken in closed session. ORAL COMMUNICATIONS None. PRESENTATIONS • Annual Heritage Preservation Award - Shirley Mitchell, recipient DRAFT Town Council Minutes #xx -2012 xxxxxxx, 2012 Page 1 Mayor Fraser asked Ms. Mitchell and Heritage & Arts Commission Vice Chair, Ric Postle, to join him at the podium. Vice Chair Postle said the mission of the Heritage & Arts Commission is to preserve and advance the Town's unique historic-and cultural character [and to advance the arts in the community]. He said that Ms. Mitchell was being honored for her compilation of oral histories of the Tiburon Peninsula, entitled "Both Sides of the Track." He said it was a marvelous book that contained stories both funny and sad. Mr. Postle then presented Ms. Mitchell with a plaque recognizing her as the 16th annual recipient of the Heritage Preservation Award. In her remarks, Ms. Mitchell said what an honor and a privilege it had been to interview the "old timers" during the period 1975-76 and to record their descriptions of life on the Peninsula when Tiburon was a still a railroad town. She said throughout the interview process, she strived for truth and accuracy, to reflect the quality of life on the Peninsula within the context of the times and experiences of people who lived here. She thanked Piper Berger for nominating her and also thanked the Landmarks Society for publishing the book. She also thanked the Heritage & Arts Commission and her friends and family in the audience for their recognition. Mayor Fraser noted what a precious asset Ms. Mitchell had bestowed upon the community to allow people to tell their stories for future generations. • Association of Bay Area Governments "Plan Bay Area" Jobs-Housing projections and the Sustainable Communities Strategy - Linda Jackson, Transportation Authority of Marin Ms. Jackson gave an overview of the Sustainable Communities Strategy (SCS) which she described as a regional planning effort coordinated by ABAG [and MTC] which is near the end of its process, to implement an integrated land use and transportation network pursuant to AB 32 and SB 375. She said that the goal of AB 32, in particular, was to reduce greenhouse gas emissions by 15% during the period 2010-2040. In her power point presentation, Ms. Jackson described the ABAG Jobs-Housing projections for this period, as well as recent changes to these numbers. The Council lent their comments. Mayor Fraser referenced the slide which showed a 23% projected growth in employment for Tiburon and asked where these projected 540 jobs would come from. Ms. Jackson said that the formula took into account projected population growth, based on the 2010 census. Mayor Fraser said that Tiburon was a constrained community and there was no more room to build housing. Ms. Jackson said that was generally true of Marin as a whole. She added that ABAG had "heard from Marin County" and understood that it is primarily a recreational resource for the region, as well as an agricultural resource, and tourist destination. DRAFT Town Council Minutes #xx -2012 xxxxxxx, 2012 Page 2 Councilmember Fredericks said there was a new draft version of the RHNA numbers. She asked Ms. Jackson to comment on whether a change in these numbers would mean that the SCS projections would also change. Ms. Jackson said that was true and she also stated that the jobs projections were not "enforceable" numbers. Vice Mayor O'Donnell asked about the number of housing units shown in one of the slides (117) to be developed in Tiburon between 2014 and 2022. Director of Community Development Anderson said the projected numbers were used for planning purposes in developing the Town's General Plan and Zoning Ordinance. He said this number included vacant lots and high density housing. The Vice Mayor asked how many units had been developed in Tiburon over the last two years. Director Anderson said that zero housing units had been built in the last two years, however, he pointed out that the State requires that municipalities plan for growth and remove obstacles for development of affordable housing. Vice Mayor O'Donnell wondered if the Town was, in fact, doing this. O'Donnell further commented that it was nigh impossible to project out to 2040 based on economic instability and other factors. He said this sort of methodology was discouraging and disingenuous. He said that while he supported the [SCS] focus on planning for housing built around transportation centers, he said that to put such onerous requirements [jobs-housing projections] on a city or town was not in the best interest of its citizenry. Mayor Fraser said that the numbers seemed to lack credibility. Further, he said the reduction in units from the March draft (159 units) to the current scenario (78) was even more curious as it seemed to lack a basis other than the town had written a letter questioning the validity of the numbers. He said that it was hard to have faith in numbers that someone else had developed and yet there was an entire infrastructure at work to move toward these outcomes. He said it seemed to him to be a huge waste of human effort. Councilmember Fredericks commented that planning had standard practices and models that it utilized, as did other disciplines. She said that these models were also important to mobilize political will; further, they were long-range plans and could be adjusted as time went on. Fredericks said the ABAG numbers were generated by a model to predict job-housing variables. She said that when a city or town wrote a letter to ABAG, providing additional data, the models could be adjusted. However, she said that there was no way a single planner could really explain the modeling dynamic. She said that it was somewhat like explaining religion, except that one could adjust the numbers. Councilmember Collins agreed that the process seemed to be based partially on faith. He said it reminded him of some presentations of business plans written by people who had never had a business. Collins said he would like to see more concrete evidence of the data and that if it DRAFT Town Council Minutes #x -2012 xKKxxAx 2012 Page 3 methodology was too complicated to explain the process, perhaps the town should not engage in the game. Vice Mayor O'Donnell asked who [if not ABAG] was directing this program and whether the Town really wanted to continue along this path. Mayor Fraser asked for public comment. Helen Lindqvist, Tiburon resident, said that all of the legislation (AB 32 and SB 375) should be thrown out because it was an outcome of the Global Warming Solutions Act and was no longer accepted as real science. She said this was planning based on false claims, that C02 gas was water vapor and the "gas of life"; she stated that "the globe is not warming". Ms. Lindqvist invited interested parties to attend a conference in Chicago later in the month to learn more. Mayor Fraser thanked Ms. Jackson for her presentation and said that the comments of the Council were not to be taken personally. Ms. Jackson said she understood the frustration and that she would be available to come back to the Council to discuss the topic further as the process continued. CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of April 18, 2012 regular meeting (Town Clerk Crane Iacopi) Mayor Fraser and Councilmember Fredericks said they had submitted changes to the minutes. 2. Construction and Demolition Ordinance - Adopt ordinance amending Title IV, Chapter 13 (Building Regulations) of the Town Code to establish regulations and requirements for recycling of construction and demolition waste (Director of Community Development Anderson) MOTION: To adopt Consent Calendar Item Nos. 1 and 2, as amended. Moved: Collins, seconded by Fredericks Vote: AYES: Unanimous ACTION ITEMS 1. Shoreline Park Special Event Permit Application - Consider request by Rotary to hold a special event in Shoreline Park on May 27, 2012 from 5:30 until 9:30 p.m. (Town Manager Curran) Town Clerk Diane Crane Iacopi reported that an application had been submitted for the event and that staff sought direction from the Council as to the request for closure of Paradise Drive, as DRAFT Town Council Minutes #xx -2012 xxxxxxx, 2012 Page 4 well as consideration of a variance to the Town's Shoreline Park Policy which limits large events in that area to no more than one per consecutive 30-day period. The Town Clerk said that the Classic Car Show was scheduled for June 16, and was always held on Father's Day weekend. She noted the May 27 event could not be moved because it coincided with the 75th anniversary of the Golden Gate Bridge. Councilmember Collins asked about the reasons for limiting the events on Shoreline Park [in the Town policy] to four per year. Town Clerk Crane Iacopi said that the policy had been drafted by the previous police chief, Matt Odetto, but that it appeared to be a figure based on the number of recurring events in that area, as well as a number that did not overwhelm the area and adjacent neighbors. Mayor Fraser asked if this policy might be revised if Council deemed it appropriate to do so. Town Manager Curran said that the policy could indeed be brought back for review by the Council. Judith Wilson briefly spoke. She said that Rotary had contacted the Pt. Tiburon Homeowners Association, as mentioned in the Town Clerk's earlier report. She said the Board had given its endorsement to the proposed event, if it were managed the same way as the Classic Car Show. Janice Anderson-Gram said that people would come to see the fireworks in any event, and being able to close Paradise Drive would actually eliminate the traffic problems associated with cars driving up and down the shoreline looking for a place to park. She said it was a way to "contain" the event. Councilmember Fredericks commented that the detour (resulting from the closure) might also force more cars into the surrounding neighborhoods. Mayor Fraser asked if there was any public comment. There was none. Councilmember Fredericks said that she would support the event if it did not involve the use of limited staff resources and time. Councilmember Doyle said that he loved these kinds of community events and that it was a great setting for it. Councilmember Collins concurred and said it was a good way to manage the fact that people would be coming to town for the celebration already, as well as a way to involve locals in the event; he said he was sorry he would be unable to attend. The Council concurred with the staff recommendation to move forward with the event planning, as described in the permit application and staff report. DRAFT Town Council Minutes #xx -2012 xxxxxxx, 2012 Page 5 2. Tiburon Boulevard Relinquishment - Approve "Letter of Interest" to CalTrans to commence process of Town consideration of whether it wishes to take over a portion of Tiburon Boulevard between Lyford Drive and downtown (Town Manager Curran) Town Manager Curran said that relinquishment of a portion of Tiburon Boulevard had been touched on at the Town/Council staff retreat and that staff had been given direction to do a detailed analysis of the cost benefits and risks associated with this proposal. Since that time, the Town Manager said that the downtown committee had suggested pursuing parallel tracks by "launching the process" through sending a letter of interest to CalTrans, at the same time continuing with the detailed analysis. Town Manager Curran noted that the Town could withdraw at any time from the process of relinquishment; she said the decision was whether to send the letter now or wait until a more detailed analysis had been done. Mayor Fraser asked for clarification on the portion of Tiburon Boulevard being considered for relinquishment. He said at the retreat, the portion between Mar West Street and downtown had been discussed but the draft letter stated it was between Lyford Drive and downtown. Town Manager Curran said that the idea was to evaluate the entire area up to Lyford Drive, because of the parking management issues related to the Lyford Parking project, also under consideration on the agenda tonight. She said it was ultimately up to the Council to decide which, if any, portion of the roadway should be relinquished to the Town, but that having the letter to Caltrans and the analysis cover the broader area seemed prudent right now. Mayor Fraser asked if there was any public comment. There was none. He asked for Council comment. Councilmember Fredericks urged adoption of a [two-year] capital program before making any decisions one way or the other. She said that an actual budget program was needed to use as a basis for the analysis; she asked what the hurry was to send a letter of interest at this juncture. Fredericks said that she questioned why the Town would want to take on a portion of Tiburon Boulevard; she said that breaking up a short length of state highway into pieces had led CalTrans to place pressure on other jurisdictions to take the entire length of the highway under its jurisdiction. She said there were many expenses associated with the maintenance of the state highway, including the maintenance of bus pull-outs which were both expensive and represented additional liability. Overall, she cautioned against taking on the long-term costs of maintaining a state highway. In response to the idea that the Town could withdraw its letter of interest at any time, Fredericks said that it would be more responsible to wait to send the letter based on an informed decision, DRAFT Town Council Minutes #xx -2012 xxxxxxx, 2012 Page 6 and act in good faith. She said she would not support sending the letter until the costibenefit information was available. Vice Mayor O'Donnell asked if she would support the cost of undertaking this study ($5,000 - 10,000). Fredericks replied that knowing which capital projects would warrant [relinquishment] would be of benefit to the Town. Councilmember Doyle asked if the Town needed the CalTrans studies in order to make its decision. Director of Public Work/Town Engineer Nguyen said no, that they only would show the benefits to CalTrans and not the Town. Town Manager Curran said that CalTrans had indicated its willingness to work with the Town at this juncture and had dispelled the notion that the Town would have to take on more of the Boulevard. She agreed that it would be prudent to ensure that there were no unintended consequences and that the Town would have the ability to walk away from the process. Sending the letter now would gain the Town a couple of months in the process, according to Curran. Vice Mayor O'Donnell said that the Town had spent an enormous number of hours of staff time already negotiating with CalTrans on projects such as the Lyford Drive Parking area, the installation of the security cameras, and the like. He said if you wanted a tree, it was a good idea to put it in the ground now. That being said, O'Donnell also agreed with Councilmember Fredericks' suggestion to produce a two-year capital program for the Town Council's review. Councilmember Collins said that the relinquishment process, thought to take two years, might actually take longer due to State budget cuts and the like. He said he favored undertaking the process now because it did not represent a commitment by the Town. He said that the language in the letter might be strengthened to state that that Town's request was contingent upon its ability to withdraw at any time. Town Manager Curran said that language stating that the town could withdraw at any time was already in the letter. Councilmember Fredericks said that Councilmember Collins' language was stronger and that she could support this approach. Mayor Fraser asked if the following statement was true, that sending the letter did not expose the Town to any downside. Town Manager Curran said that was correct. Mayor Fraser said that there appeared to be consensus to proceed. Town Manager Curran said that Councilmember Collins' language would be incorporated into the letter. She also said that staff would proceed with the cost/benefit analysis, as directed by Council at the retreat. MOTION: To direct staff to send the letter of interest to CalTrans, as amended with language provided by Councilmember Collins. DRAFT Town Council Minutes #xx -2012 xxxxxxx, 2012 Page 7 Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous 3. Lyford Drive Parking Lot - Accept plans for upgrades to parking lot and authorize staff to seek bids for project (Director of Public Work/Town Engineer Nguyen) Director of Public Works/Town Engineer Nguyen gave the report. He said the Council had approved a design concept in 2009, and that in 2010 staff proceeded with the engineering and fleshing out of the project design. Nguyen said that 2011 brought new revisions with the addition of undergrounding and input from neighbors in Belvedere regarding the scope of the work. He said that the design and bid documents are now complete and he reviewed the engineering and design costs with the Council. Nguyen said the engineering, design and contingency costs of the project totaled $1.52 million, with three sources of funding-a grant from TAM in the amount of $314,000, Redevelopment Agency funding in the amount of $290,000, and an infusion from the General Fund in the amount of $913,000, based on Council approval. Director Nguyen said staff was seeking authorization to solicit bids which would be brought back to Council for final approval prior to award of the contract. He said that the Town had also negotiated a draft maintenance agreement with CalTrans. However, he said this agreement would need to be adopted by way of a resolution, as required by CalTrans. Vice Mayor O'Donnell asked if it would be worth waiting to execute the agreement while the Town worked out the details of how it wished to manage the parking at the lot. Town Manager Curran said that it had been a long, difficult process to negotiate an agreement with CalTrans and she recommended that the Town execute it to have it in place and something the Town could rely upon being completed. Councilmember Collins noted that the agreement would be subject to the project actually going forward. Town Manager Curran agreed, noting that it would have no force or effect if the project was not built. Councilmember Doyle asked whether parking meters were being contemplated for the project. Councilmember Fredericks commented that the Town Manager had noted that meters were not revenue generators but rather a parking management tool. Town Manager Curran agreed. She further noted that the Town Engineer and Town Attorney had done an excellent job working with CalTrans to remove most of the restrictions related to the Town's prerogatives in maintaining the lot, but that the Town was not free under the agreement to charge for the spaces. Mayor Fraser asked what the climate for bids was and whether Town staff was confident it could obtain bids based on the engineer's estimate. He cited the challenges of the bid process in the Ned's Way project. DRAFT Town Council Minutes #xx -2012 xxxxxxx, 2012 Page 8 Director Nguyen said that he was much more confident with the Lyford Parking project as it was a straightforward civil engineering project and that the core data was much more within the Town's control. That being said, the Town Manager said that it was yet to be seen what the bids would yield, and that "we won't know until we know". She reiterated that staff would bring the bids back to Council for its review and approval. Mayor Fraser asked if other specifics of a parking management plan had been contemplated, such as who would be allowed to park in that location. He suggested that the project should bring some benefit to the residents of the community. Town Manager Curran said that while no specific plan was in place, it was generally understood that there would be roughly the same number of spaces and that a certain number of spaces should be set aside for ferry riders and other commuters, maybe utilizing a pass system. She said that the purpose of the TAM grant was for multi-modal transportation; she added that parking for job workers would also be permitted, based on this criteria. She suggested that a test over time approach be taken. Vice Mayor O'Donnell asked whether an agreement had been finalized between the Town and the City of Belvedere and Mr. Kern for landscaping costs. Director Nguyen said that the City of Belvedere would install the landscaping; he said the agreement with Mr. Kern was to be worked out between the parties (City of Belvedere and other private parties). Town Manager Curran clarified that the City of Belvedere would be responsible for water and power to the project, as well as landscaping below the retaining wall. Mayor Fraser asked for public comment. There was none. MOTION: To authorize solicitation of bids for the Lyford Drive parking project and authorize the Town Manager to execute an agreement with CalTrans, subject to the adoption of a resolution. Moved: Collins, seconded by Fredericks Vote: AYES: Unanimous TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT Town Manager Curran proposed cancellation of the May 16 meeting, except for a closed session that was yet to be scheduled. She said the next regular meeting would be Wednesday, June 6. Council concurred with this recommendation. DRAFT Town Council Minutes #xx -2012 xxxxxxx, 2012 Page 9 WEEKLY DIGESTS • Town Council Weekly Digest - April 20, 2012 • Town Council Weekly Digest - April 27, 2012 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 9:20 p.m. JIM FRASER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2012 xxxxxxx, 2012 Page 10 CALL TO ORDER TOWN COUNCIL MINUTES Mayor FraCay, led the specia eeting of the Tiburon Town Council to order at 8:30 a.m. on Wedne May 16, 2012, i Town Council Chambers Conference Room, 1505 Tiburon Boulevardon, Cali fo ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: ORAL COMMUNICATIONS There were none. Fraser, Fredericks, O'Donnell Collins, Doyle Town Manager Curran, Director of Administrative Services Bigall Mayor Fraser adjourned the meeting to closed session. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit: Tiburon Police Association Service Employees International Union (SEIU) Negotiators: Town Manager and Director of Administrative Services CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor Fraser reconvened the meeting to open session and reported that the Council had taken no action in closed session on the matter discussed. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the special meeting at 9:30 a.m. to the next regular meeting scheduled for June 6, 2012. JIM FRASER, MAYOR DRAFT Town Council Minutes #xx -2012 xxxxxxx, 2012 Page 1 ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2012 xxxxxxx, 2012 Page 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Administrative Services Department Subject: stment Summary - April 2012 Reviewed By: Town Council Meeting June 6, 2012 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 April 30, 2012. ANALYSIS April 2012 Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $2096659917.85 0.367% Liquid Fund (LAIF) Housing note to $ 8009000.00 0.378% Based on Town Manager Contract Money Market $ 100,000.00 0..20% Liquid (Bank of Marin) Note to Former $ 289203.32 5.55% June 1, 2017 Town Employee Total $2195949121.17 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 Investment Summary for April 2012 Prepared By: Heidi Bigall, Director of Administrative Services To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor & Members of the Town Council Office of the Town Attorney Town Council Meeting June 6, 2012 Agenda Item: Subject: Recommendation to Adopt Resolution Approving an Agreement with the State Department of Transportation, permitting the Construction and Maintenance of the Lyford Drive Parking Lot Project. Reviewed By: BACKGROUND AND ANALYSIS On May 3, 2012, after several years of planning, the Town Council approved plans to construct an improved parking area on Tiburon Boulevard southeast of its intersection with Lyford Drive and authorized staff to solicit bids for the construction process. As the Council is aware, most of the project site is within the Tiburon Boulevard right of way, thus under the jurisdiction of the California State Department of Transportation ("Caltrans"). Town staff has negotiated an agreement with Caltrans that will allow the Town to construct and maintain the project as planned. The Agreement's main points are the following: • The Town will use the project as a public parking lot. • The Town will have complete responsibility for maintaining the project. • Any Town contractors working on the project site will require an encroachment permit. • Caltrans retains complete ownership of the site. • Caltrans can decide to re-purpose the project site and require removal of the project improvements. • The Town will develop and obtain Caltrans approval of parking regulations for the project. STAFF RECOMMENDATION Staff recommends that the Town Council: Move to adopt a Resolution Approving an Agreement with the State Department of Transportation, permitting the Construction and Maintenance of the Lyford Drive Parking Lot Project Exhibits: Draft Resolution CalTrans Agreement Prepared By: Ann R. Danforth, Town Attorney Draft, RESOLUTION NO. XX-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION AND MAINTENANCE OF THE LYFORD DRIVE PARKING LOT PROJECT WHEREAS, Tiburon Boulevard is the main artery into and through the Town of Tiburon, but is owned and maintained by the State of California's Department of Transportation ("State"); and WHEREAS, the gravel shoulder area on Tiburon Boulevard southeast of the intersection with Lyford Drive ("Site") has been used as an informal parking lot for many years' and WHEREAS, the Town has designed a project that would improve the aesthetic quality of the Site, create more efficient use of space and improve the Site's ingress from and egress to Tiburon Boulevard ("Project"); and WHEREAS, June 7, 2011, the Town Council adopted a mitigated negative declaration for the Project; and WHEREAS, before the Town can construct the Project, the Town must obtain State approval, including, without limitation, an executed Cooperation Agreement and an Encroachment Permit; and WHEREAS, the Town and the State have negotiated the Cooperation Agreement attached to this resolution as Exhibit 1 and incorporated herein by reference ("Cooperation Agreement"). NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. All the Recitals above are true and correct and incorporated herein. 2. The Town Council hereby approves the Agreement and authorizes the Town Manager to enter into and execute the Cooperation Agreement on behalf of the Town. The Town Manager is further authorized to implement the Cooperation Agreement and take all further actions and negotiate and execute all other documents which are necessary or appropriate to (a) carry out the Cooperation Agreement; and (b) obtain such other State approvals as are necessary to construct and maintain the Project. 3. The Town Clerk shall certify to the adoption of this Resolution. Tiburon Town Council Resolution No. XX-2012 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon this _ day of June, 2012, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS : ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution No. XX-2012 2 04-Mm- 13 1 -PM 3.6 AGREEMENT FOR MAINTENANCE OF THE LYFORD DRIVE MULTI-PURPOSE PARKING FACILITY AT STATE ROUTE 131 IN THE TOWN OF TIBURON THIS AGREEMENT is made and entered into effective this day of , 20129 by and between the STATE OF CALIFORNIA, acting through its Department of Transportation, hereinafter referred to as "STATE," and the Town of Tiburon, hereinafter referred to as "TOWN," and together referred to as "PARTIES." A. RECITALS 1. TOWN desires to construct a multi-purpose parking facility, hereinafter referred to as "FACILITY," at State Route 131 in Marin County. 2. FACILITY will be constructed by TOWN under Encroachment Permit No. 0410- NBS 1709 to be issued by STATE. 3. TOWN shall operate and maintain FACILITY as provided in this Agreement. 4. FACILITY, a portion of which is located within STATE's right of way (hereinafter referred to as "LOT"), is to be on the westerly side of State Route 131 with remaining portions located within TOWN's property. The site of FACILITY and the LOT are more particularly described in Exhibit A, which is attached hereto and incorporated herein. 5. PARTIES mutually desire to specify their respective FACILITY operating and maintenance responsibilities, in particular the maintenance functions to be performed by TOWN, and to specify the terms and conditions under which such work will be performed. B. AGREEMENT In consideration of the mutual covenants and promises herein contained, TOWN and STATE agree as follows: TOWN shall perform such maintenance work as hereinafter described under Section D and as shown on Exhibit A, attached to and made a part of this Agreement. 2. TOWN shall maintain, at TOWN's expense, the entire shaded area as shown in Exhibit A. 3. Rights granted to TOWN under this Agreement are restricted to maintenance of FACILITY. Any other use or presence by TOWN or the TOWN's authorized contractors will require a separate encroachment permit be issued to that party from STATE. 04-Mm- 13 1 -PM 3.6 4. TOWN shall not, at any time, use or permit the public to use FACILITY in any manner that will interfere with or impair the primary use of FACILITY as a parking facility. 5. STATE reserves its right to use those FACILITY areas within STATE's right of way for future construction, reconstruction, expansion, modification, or maintenance purposes without restriction or reimbursement to any party should FACILITY be reconfigured or closed. 6. STATE reserves the option to inspect, at random, all areas of FACILITY to assure conformance with this Agreement. Such inspection does not preempt or modify the TOWN's maintenance responsibilities assumed under this Agreement. 7. An encroachment permit from the STATE will be required for third parties if TOWN contracts out FACILITY maintenance to a third party contractor. Said contractor(s) shall be subject to the same inspections and responsibilities as specified herein for work performed directly by TOWN. The enforcement of parking regulations by uniformed governmental personnel shall not require an encroachment permit. 8. TOWN shall not erect signs of any kind within the joint use areas, except such signs as may be necessary or appropriate in connection with the operation of FACILITY or that are required by law. Such signs shall not be attached to or painted on any STATE structures or facilities except by prior written consent of STATE. 9. TOWN shall erect only those highway signs on the State Highway System (SHS) right of way directing users to FACILITY as are preapproved in writing by STATE. 10. Should STATE require all or a portion of LOT for future SHS needs or if TOWN should cease operations of FACILITY for public parking as agreed to under this Agreement, TOWN shall, at STATE's written demand, upon a 45-day written notice, remove all of, or designated portions of, TOWN's improvements within LOT and will restore LOT to a standard acceptable to STATE at TOWN's sole expense and all rights of joint use permitted to TOWN under this Agreement shall revert back to STATE. 11. STATE will retain title to LOT, and upon satisfactory completion of all work under the STATE issued Encroachment Permit, ownership and title to all materials, equipment and appurtenances of installed FACILITY will automatically be vested in STATE. 12. Pursuant to Streets and Highways Code sections 670 et seq., STATE reserves the unlimited right to (A) implement transverse crossings of its SHS, including TOWN's joint use area; and (B) develop the airspace above the LOT joint use area in the future. TOWN agrees that the granting of this joint use herein shall not preclude the future development by STATE of multiple use(s) of STATE's LOT and adjacent properties on which or near FACILITY is located. 13. TOWN shall not charge the public for parking in FACILITY without prior written approval by STATE. 2 04-Mm- 13 1 -PM 3.6 C. MAINTENANCE DEFINED Maintenance is defined in Section 27 of the Streets and Highways Code. D. MAINTENANCE FUNCTIONS The maintenance functions that are delegated to TOWN, at TOWN's sole expense, are as follows: 1. PAVEMENT MAINTENANCE TOWN shall maintain the pavement of FACILITY. 2. BUS STOP, SIDEWALKS, MULTI-USE PATH AND BICYCLE RACK TOWN shall be responsible for maintaining the entire shaded area as shown in Exhibit A including the bus stop, sidewalks, multi-use path, and the bicycle rack. 3. LITTER AND GRAFFITI TOWN shall be responsible for maintaining the entire shaded area as shown in Exhibit A in a condition free of litter, debris (including, but not limited to, all broken glass) and graffiti. 4. SIGNS TOWN shall be responsible for the installation and maintenance of signage necessary for the direction and operation of FACILITY, including, but not limited to, the posting of parking regulations. 5. STRIPING AND PAVEMENT MARKINGS TOWN shall install and maintain all striping and pavement markings required for the direction and operation of FACILITY traffic. STATE does not maintain bus stop pavement markings identifying the bus stop. 6. LIGHTING TOWN shall be responsible for the maintenance, repair and replacement of damaged or malfunctioning electrical installations required for public safety. TOWN will maintain and pay 100% of maintenance and operations costs. TOWN will also control lighting illumination to meet or exceed STATE standards and shall pay for 100% of the electrical energy costs at FACILITY. 3 04-Mm- 13 1 -PM 3.6 7. SAFETY DEVICES TOWN shall be responsible for the maintenance, repair, replacement and cleaning of safety devices (located within FACILITY), including gates, fences, guardrails and markers. 8. LANDSCAPING AND GARBAGE COLLECTION TOWN shall be responsible for all landscaping, irrigation and garbage collection services at FACILITY. 9. DRAINAGE FACILITIES TOWN shall be responsible for the maintenance, repair, replacement and cleaning of drainage facilities (located within the entire shaded area as shown in Exhibit A), including drainage structures and waterways, bioswales, and storm drainage grates. 10. BUS SHELTERS AND BENCHES Notwithstanding Article B (3) of this Agreement, TOWN may install bus shelters and benches in the bus waiting area of the FACILITY for use by its passengers. Should TOWN choose to install bus shelters and benches, TOWN shall maintain these bus shelters, benches, and the surrounding areas in a neat and clean condition. TOWN or its approved contractor may also provide and maintain electrical connections to these shelters for the purposes of providing lighting and/or transit information displays. TOWN or its approved contractor shall arrange and pay for any necessary electrical permits from the appropriate utilities. Any advertising display panels located on the bus shelters shall be oriented such that they are not visible from any federal-aid highway, in accordance with state and federal regulations. 11. PARKING REGULATIONS AND ENFORCEMENT METHODS TOWN shall allow use of FACILITY as a public parking for carpoolers and transit patrons. TOWN shall develop, and obtain STATE approval of, a set of parking regulations for FACILITY, which shall be enforceable per the California Vehicle Code by authorized personnel of any governmental body with legal jurisdiction over FACILITY. E. LEGAL RESPONSIBILITIES 1. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties who are not parties to this Agreement or to affect the legal liability of either party to the Agreement by imposing any standard of care with respect to 4 04-Mm- 13 1 -PM 3.6 the maintenance and operation of State highways or FACILITY different from the standard of care imposed by law. 2. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by TOWN and/or its agents under or in connection with any work, authority or jurisdiction conferred upon TOWN and arising under this Agreement. It is understood and agreed that TOWN shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by TOWN and/or its agents under this Agreement. 3. Neither TOWN nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE and/or its agents under or in connection with any work, authority or jurisdiction conferred upon STATE and arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless TOWN and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE and/or its agents under this Agreement. F. INSURANCE TOWN shall maintain self-insurance during the term of this Agreement. If TOWN retains any contractors to perform work on the FACILITY during the term of this Agreement, TOWN shall require said contractors to maintain in force a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the State of California, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate. Coverage shall be evidenced by a certificate of Insurance in a form satisfactory to STATE that shall be delivered to STATE with a signed copy of this Agreement. G. EFFECTIVE DATE AND RIGHT TO TERMINATE This Agreement shall be effective upon the date appearing on its face and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause, upon a 45-day written notice. Upon termination of this Agreement, TOWN shall, at TOWN's expense, return FACILITY to a condition substantially equivalent to the condition existing prior to the execution of this Agreement, or to a condition acceptable to STATE. 5 04-Mm- 13 1 -PM 3.6 PARTIES are empowered by Streets and Highways Code section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. TOWN OF TIBURON STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Mayor MALCOLM DOUGHERTY Acting Director Attest: By Town Clerk NADER ESHGHIPOUR Date Deputy District Director Dist 4 Maintenance Approved as to form: Approved as to form: Town Attorney Attorney Department of Transportation 6 _ f AGREEMENT FOR MAINTENANCE OF THE LYFORD DRIVE MULTI-PURPOSE PARKING FACILITY AT STATE ROUTE 131 IN THE TOWN OF TIBURON "Alp \I TV Z1'76 T Tnwm OF TIBURO:~ OWN OF ~~G~o~ ~p odo oo° . ~o p m d~ N OF T! B~ N oo o0 0 ~ p as POD \ ~ t? app ~~O v„ 0A ~ DDO~ PFNiNs~~~ APR R ~ o00 Cl B ~L D E E °~doa° o° o o ~'o©o ooQ o °Qd PROJECT LOCATION N.T.S. EXHIBIT A (SHEET 1 OF 2) LOCATION MAP 04--MRN-1 31-PM 3.6-3.7 DATE: APRIL 14, 2011 :r TOWN OF TIBURON _ 1505 Tiburon Boulevard Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Office of the Town Clerk Town Council Meeting June 6, 2012 Agenda Item: k-T- / Subject: Appointments to fill vacancies on Town Boards and Commissions (Building Code Appeals Board and Library Agency Board of Trustees) Reviewed By: BACKGROUND Building Code Appeals Board In July 2011, the Town Council established the Building Code Appeals Board (BLAB) as an official standing body of the Town of Tiburon. Consisting of five regular members and two alternate members, the primary duty of the BCAB is to act as the appeals board for decisions and interpretations of the Building Official regarding non-administrative provisions of the Town's adopted building codes. It is anticipated that the board will most likely meet no more than once or twice a year. Since March of this year, the Council has interviewed and appointed four members to the Board, representing a wide range of experience in the building trades: Contractor Mark Swanson, Civil Engineer David Kallmeyer, Electrical Contractor Jerry Thompson, and Title 24 [energy] compliance specialist Chuck Clemons, bringing the number of appointees to four. Tonight, the Council will interview plumbing contractor, Rich Ostaggi, for the fifth seat on the BLAB. Belvedere-Tiburon Library Agency Board of Trustees The Belvedere-Tiburon Library Agency is governed by a Board of Trustees consisting of three appointees from the City of Belvedere and three appointees from the Town of Tiburon, along with a representative appointed by the Reed Union School District Board of Trustees. The service of each appointee is limited to two, three-year terms, pursuant to the Library Agency by-laws. The second term of Tiburon appointee Lois Epstein will conclude in June of this year. The Town Clerk has advertised the pending vacancy and has received two applications to fill the position. The Council will interview both candidates, Jeff Foran and Tom Gram, at its meeting tonight. RECOMMENDATION Staff recommends that the Town Council interview the applicants and consider making appointments to fill the current and pending vacancies on the BCAB and Library Board. Exhibits: Applications of Rich Ostaggi, Jeff Foran, and Tom Gram Prepared By: Diane Crane Iacopi, Town Clerk Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 F. 415.435.2438 • wwwci.tiburon.ca.us Office of the Town Clerk / 415.435.7377 dcrane@ci. tiburon. ca. us Mr. Richard Ostaggi 52 Woodland Avenue San Rafael, CA 94901 May 4, 2012 SUBJECT: BUILDING CODE APPEALS BOARD Dear Mr. Ostaggi, Jim Fraser Mayor Emmett O'Donnell Vice Mayor Richard Collins Councilmenaber . . . . . . . . . . . Frank Doyle Councilmember Alice Fredericks Councilmember Thank you for your application to serve on the Tiburon Building Code Appeals Board. We would like to invite you to come to a brief, informal interview with the Town Council on Wednesday, June 6, 2012, at 7:15 p.m. An alternate date would be Margaret A. Curran Wednesday, June 20 at the same time. Town Manager Please let me know if either of these dates will work for you. The interview will take place in the Conference Room at the rear of the Council Chambers at Town Hall just prior to the regular meeting. Once again, thank you for your interest in this position. Please call me if you have any questions. Very t you .M_ Diane Crane la pi Town Clerk Cc: Town Manager Curran Building Official Lustenberger Page 1 of 1 Diane Crane lacopi From: richo@att.net Sent: Thursday, May 31, 2012 1:17 PM To: Diane Crane lacopi Subject: Re: Confirming your interview next week and can you come a little earlier? I will plan on being there at 6:45 next Wednesday. Rich Ostaggi From: Diane Crane Iacopi <DCrane@ci.tiburon.ca.us> To: richo@att.net Sent: Thu, May 31, 2012 11:25:21 AM Subject: Confirming your interview next week and can you come a little earlier? Hello, Mr. Ostaggi, The Council wants to start its interviews next week at 6:45 p.m. Would you be able to come at that time on June 6? Let me know, Thanks. Diane Crane lacopi Tiburon Town Clerk 5/31/2012 TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to various Town commissions,. boards and committees throughout the year due to term expirations and unforeseen , vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest 'in. serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. The application form can also be found on the Town's website, www. ci. tiburon. ca. us. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) PLANNING PARKS, OPEN SPACE & TRAILS DESIGN REVIEW JT. RECREATION COMMITTEE HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY MARIN COMNIISSION ON AGING X--- PERSONAL DATA (PLEASE PRINT OR TYPE - ARESUME MAY BE ATTACHED AS WELL) NAME. Richard Ostaaci - MAILING ADDRESS: 5? Vvoodland Ave@ '-an Rafael CA 94901 TELEPHONE: Home: 453-1 905 Work: 453-9254 PROPERTY OWNERS' ASSOC. (If applicable) TIB.URON RESIDENT: (Years) N! o DATE SUBMITTED: 4 - 27 - 201 2 REASONS FOR SELECTING YOUR AREAS OF INTEREST "'ost of my work is in this area, it will help to stay current with codes and trends of the ruilding industry. Mould like to serve the community where I have been in business since 198q. APPLICABLE QUALIFICATIONS AND EXPERIENCE Idorked in. I-larin and San Francisco from 1976 to 1939 on homes, commercial, and industrial. Dro iects. Vworked as a journeyman, foreman, and a general foreman, largest crew was 30 oeoole. In. 1989 .Bob and harry Hadley informed me That Louis k'lurnbing was for sale. Purchased Louis Plumbinc in ure 1.989. Worked for IRH and T'~elvedere r_,an..d Co. since 1939 as well as other contractors. Service, relDairs, remodels, and new construction, much in "elvedere and Tihuron area. Over the years have had -Between two and five emolovees. ----------------------------------------------Town Hall Use ~ - Date Application Received: ) C' iL Interview Date: Z Appointed to: Date Term Expires: Fax No. 453-9262 2 (Date) ECF11/F Length of Term: APR 3 May 9, 2012 Ms. Diane Crane Iacopi Town Clerk Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Ms. Iacopi, H D E C E ~ V E MAY '14 2 TOWN CLERK TOWN OF TIBURON Thank you for the invitation to meet with the Town Council regarding the Belvedere-Tiburon Library Agency Board of Directors. I am available to meet with the Town Council on Wednesday, June 6th at 7:15pm and look forward to this meeting. Do I need to prepare comments or bring any material for the meeting? I have a strong interest in this position and I appreciate your coordinating a meeting to discuss our mutual interest. Ver~ sincerely, i f~~` h . (Jef Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 F. 415.435.2438 • wwwci. Office of the Town Clerk / 415.435.7377 dcrane@ci. tiburon. ca. us May 4, 2012 Jim Fraser Mayor Emmett O'Donnell Vice Mayor Mr. John F. Foran Richard Ceflins 52 Linda Vista Avenue Cocil,er Tiburon, CA 94920 Frank Dayle - Counrimber SUBJECT: VACANCY ON LIBRARY AGENCY BOARD OF DIRECTORS • • • • . Alice Fredericks Dear Mr. Foran, C@uw4hnler Thank you for your application to serve on the Belvedere-Tiburon Library Agency Board of Directors. We would like to invite you to come to a brief, informal interview with the Town Council on Wednesday, June 6, 2012, at 7:15 p.m. An alternate date Margret Curran would be Wednesday, June 20 at the same time. a T~ Manager , Please let me know if either of these dates will work for you. The interview will take place in the Conference Room at the rear of the Council Chambers at Town Hall just prior to the regular meeting. Once again, thank you for your interest in this position. Please call me if you have any questions. nlia ti Town C lerk Cc: Town Manager Curran RECEjV,tD PLANNING DIVISION Instructions and Application to Serve on a Town Board, Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk AREAS OF INTEREST riease Indicate Your Area(s) of Interest in Numerical Order (#I Being the Greatest Interest) # PLANNING # PARKS & OPEN SPACE DESIGN REVIEW RECREATION # HERITAGE & ARTS # DISASTER PREPAREDNESS - LIBRARY - MARIN COMMISSION ON AGING -BICYCLE/PEDESTRIAN ADVISORY COMMITTEE 1 PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: <Ent #kV ~ ~"ev MAILING ADDRESS: <En j J H_ &/V Xf 74 Xkc TELEPHONE: Home: Work: < - Fax No. <H> oo/ k7 PROPERTY OWNERS' ASSOC. (if applicable)< Ent e r Here> Z6 6-.07tW TIBURON RESIDENT: (nears) /f e> DATE SUBMITTED:<Dat< REASONS FOR SELECTING YOUR AREAS OF INTEREST ~ Ern L e r Her e>>!~/~~~(~l 10ec C_ ty`( f/w al- G/n►~ /Yi°orc<~Nf ~yG`~r 4r 4V e_F/rC oft #1 otr ?'4c 14Vl yd 6" 7: cf rte' ,CxF APPLICABLE QUALIFICATIONS AND EXPERIENCE <Enter Here> 4rer col fV C ccc(-vze4 /"~17-f7-4,00V Fax A r i,~l~ j 26-Ncolecl. f /~!IlFd,C (.e'Y1d&fF,1V,er ----------------------------------------------Town Hall Use oe,dx,a~r /..O"V Date Application Received: Z1'2-,5"' 1Z Interview Date: Appointed to: (Commission, Board or Committee) Date Term Expires: ( ---1 z-- (Date) Length of Term: 2 a Thomas I Gram Eight Venado Dr Tiburon, CA 94920 (415)435-9328 FAX (415) 435-2404 Email: tomgram@pacbell.net May 28, 2012 - Tiburon Town Council Re: Library Agency Board Dear Councilmembers: H D E 0 E ~ V E MAY 2 9 2012 TOWN CLERK TOWN OF TIBURON I would like to apply for the upcoming Tiburon opening on the Belvedere Tiburon Library Agency Board. Janice and I have lived in Tiburon for over 41 years. I was a co-founder of the Belvedere Tiburon Joint Recreation Committee and served as a member (and Chairperson many tunes) for 23 years. The Recreation Department serves the same community members as the Library. I also served on the Town Council for 12 years during which I served for 12 years on the Legal subcommittee and 7 years on the Finance subcommittee. Consequently, I believe I can act as a liaison between the Library and the City and Town, and I believe I can contribute to the Library on financial, legal and dispute resolution issues. Please let me know if you want additional information. Instructions and Application to Serve on a Town Board, Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the. Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#I Being the Greatest Interest) # PLANNING # PARKS & OPEN SPACE # DESIGN REVIEW # RECREATION # HERITAGE & ARTS # DISASTER PREPAREDNESS xx LIBRARY # MARIN COMMISSION ON AGING # BICYCLE/PEDESTRIAN ADVISORY COMMITTEE PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: Tom Gram MAILING ADDRESS: I venado Dr TELEPHONE: Home: 4ti 510-654-7500 435-2404 Work: . Fax No. PROPERTY OWNERS' ASSOC. (If applicable) <Enter Here> o TIBURON RESIDENT: (Years) 41 yrs DATE SUBMITTED: <Dater r>~ REASONS FOR SELECTING YOUR AREAS OF INTEREST See attached APPLICABLE QUALIFICATIONS AND EXPERIENCE See attached Date Application Received: -----Town Hall Use °2~' Interview Date: Appointed to: (Commission, Board or Committee) Date Term Expires: (Date) Length of Term: 2 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Town Attorney To`vn Council Meeting June 6, 2012 Agenda Item: Ac~1Z Subject: Recommendation to Approve Amendment to the Belvedere-Tiburon Joint Recreation Committee Expanding the Governing Board to include Members of Town and City Councils. Reviewed By:' BACKGROUND AND ANALYSIS The Town of Tiburon and the City of Belvedere formed the Belvedere-Tiburon Joint Recreation Committee ("BTJR") in 1975, by entering into a Joint Powers Agreement ("Agreement"). The parties subsequently amended the Agreement in 1983, 1992, 1995 and 2001. The Agreement provides that the BTJR's governing board shall consist of seven members; the Tiburon Town Council appoints three, the Belvedere City Council appoints three and the parties jointly approve a seventh "at large" member who, to the extent possible, is a member of and recommended by the Reed Union School District. The Agreement further requires the board to adopt appropriate bylaws. The current bylaws provide that each Council shall appoint a member from their ranks to act as liaison with the BTJR board. The Town is preparing to construct a new facility for the use of BTJR and the City has made a substantial contribution to that effort. Mayor Fraser has suggested that this new level of investment warrants more direct participation by the two Councils. To that end, staff has prepared the attached amendment to the Agreement, which provides for each Council to name one of their number as an additional board member. If approved by both parties, we will prepare an amendment to the bylaws eliminating the liaison provision. Belvedere City Manager George Rodriguez has scheduled the Amendment for approval by the City Council on June 11 ch RECOMMENDATION Staff recommends that the Town Council: Approve the attached Amendment to the Joint Powers Agreement with the City of Belvedere and authorize the Mayor to execute said document on behalf of the Town. Prepared By: Ann R. Danforth, Town Attorney Exhibits: Draft Amendment to the Joint Powers Agreement Amended and Restated Joint Powers Agreement AMENDMENT TO THE JOINT POWERS AGREEMENT ESTABLISHING THE BELVDERE- TIBURON JOINT RECREATION COMMITTEE This Agreement to amend the Joint Powers Agreement that established the Belvedere-Tiburon Joint. Recreation Committee ("Agreement") is entered into by the Town of Tiburon (the "Town") and the City of Belvedere (the "City"), together the "Parties", on this day of 12012. Recitals 1. WHEREAS, the Town and the City created the Belvedere-Tiburon Joint Recreation Committee ("BTJR") pursuant to a Joint Powers Agreement ("JPA") executed in June of 1975 and most recently amended on October 8, 2001. The BTJR's governing board is referenced in the JPA as the "Committee." 2. WHEREAS, the JPA provides for the Council of each party to appoint three members to the Committee and the BTJR's bylaws further provide that each Council shall designate one of their respective members to act as a liaison to the Committee. 3. WHEREAS, Town and the City wish to amend the JPA and bylaws to provide that, instead of appointing liaisons pursuant to the bylaws, the Council of each party shall appoint one of its members to the Committee. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City and the Town agree as herein set forth: Agreement 1. Section 4 is hereby amended to provide as follows: 4. Membership of Committee. The Committee shall consist of nine (9) members appointed as follows: (a) The Town Council of the Town of Tiburon shall appoint four (4) members to the Committee, one of whom shall be a member of the Town Council. (b) The City Council of the City of Belvedere shall appoint four (4) members to the Committee, one of whom shall be a member of the City Council. (c) A ninth member shall be designated an "at large" member and shall, to the extent possible, be recommended by and a member of the Reed Union School District. The appointment of the at large member shall be approved by the parties to this Agreement. 2. Except as expressly amended by this Amendment, the JPA shall remain in full force and effect. TOWN OF TIBURON James Fraser Mayor CITY OF BELVEDERE Gerald Butler Mayor APPROVED AS TO FORM: By Ann R. Danforth, Esq. Town Attorney, Town of Tiburon By Robert Epstein, Esq. City Attorney, City of Belvedere ATTEST: DIANE CRANE IACOPI TIBURON TOWN CLERK Dated: Dated: Dated: Dated: ATTEST: LESLIE CARPENTIERS BELVEDERE CITY CLERK >',`E D I-'N g, 1` TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Community Development Department Town Council Meeting June 6, 2012 Agenda Item: 14T y Review of Residential Building Reports (RBR's) Process Since 1970, the Town of Tiburon has required preparation of a Report of Residential Building Record, commonly called an RBR, prior to the sale or exchange of a dwelling unit. Newly- constructed units are exempted. The RBR's intent is to protect the public health and safety of residents. RBR ordinances have been adopted by all of the ten other municipalities in Marin County; most ordinances appear to have been originally adopted between 1969 and 1974. The ordinances vary somewhat from city to city, both in scope of inspection and implementation. Tiburon has periodically reviewed and amended its RBR regulations, including updates in 1974, 1994 and 2004. Recently, staff was asked to prepare a review of the regulations and process, along with preparing a general comparison of Tiburon's RBR regulations with other Marin municipalities. The remainder of this report provides specific information on Tiburon's RBR regulations and process, and includes comparative information and analysis concerning other RBR's regulations in Marin County. ANALYSIS Authority and Intent RBR regulations are authorized by state law in Government Code sections 38780 through 38785 (Exhibit 1). Tiburon Municipal Code Title IV, Chapter 13A (Reports of Residential Building Records), attached as Exhibit 2, sets forth the Town's regulations regarding RBR's. The specified intent is as follows: The town council finds that inspection of dwelling units upon resale and mandatory correction of hazardous conditions is a reasonable and effective method of ensuring that dwelling units within the town meet minimum safety standards contained in the Uniform Codes and do not endanger the life, limb, health, property, safety or welfare of the public. 6,1 2 12 The Tiburon RBR Process Below is a brief summary of the RBR process as implemented by the Town of Tiburon: 1. Prior to sale or exchange of a dwelling unit, the owner completes the one-page application form (Exhibit 3) for a Report of Residential Building Record and pays the $250 filing fee. 2. The Town schedules an inspection date. Before performing the physical inspection, the Building Inspector or Building Official conducts a review of its records for the property, including a review of building permit drawings and zoning and building permits issued. The Town makes every effort to perform the inspection and complete the written report - within ten working days of the filing of the application. 3. The completed RBR document is sent to the owner or owner's agent and must be provided to a purchaser prior to the transfer of ownership. 4. The seller must complete mandatory corrections and re-activate any expired incomplete building permits before the transfer of ownership; alternatively, the purchaser may complete the corrections and re-activate the permits within 30 days of transfer of ownership by the purchaser, with time extensions available through the Building Official. 5. RBR documents remain valid for one year following their issuance. The Town's RBR process develops a list of use, zoning, and construction-related information from Town records for disclosure purposes, and also generates a list of code deficiencies (if any) observed during the physical inspection. A template of the current RBR form is attached as Exhibit 4. The fee for an RBR is $250, with one free re-inspection to confirm completion of corrections. As required by law, the RBR fee covers the Building Department's costs in performing the inspections and generating the RBR report. Obvious life-safety deficiencies are classified as "mandatory" and require correction or amelioration. These items commonly include absent or non-working smoke or carbon monoxide alarms, missing ground-fault circuit interrupters or face-plates on electrical outlets, missing seismic straps on water heaters, use of non-tempered glass in critical locations, lack of air gaps for dishwasher back-flow protection, lack of graspable handrails on staircases, and non-compliant swimming pool barriers. Occasionally, more serious structural deficiencies are found, such as failing foundations or decks, non-complaint bedroom egress windows, un-permitted and un- inspected construction (including illegal units), and so forth. Per the ordinance, deficiencies listed as mandatory are reviewed by the inspector to "balance the threat to health and safety with the cost and effectiveness of the upgrade", meaning that, in essence, each mandatory correction item undergoes a rudimentary cost-benefit analysis to determine its effectiveness in enhancing the overall level of safety provided to the dwelling's occupants versus the monetary costs associated with the correction. For example, many of the Town's older homes lack adequate seismic bracing (by today's standards) and, if not upgraded to one degree or another, will most likely incur significant structural damage in the event of a major earthquake. In such cases, the long-standing policy of the Building Division has been to require seismic reinforcement upgrades of un-braced foundation cripple walls, which costs from a few hundred to a few thousand dollars to perform, in lieu of requiring a complete engineering analysis and subsequent upgrade of the entire structure, with potential costs amounting to tens or even hundreds of thousands of dollars. The ultimate goal of mandatory correction items is to enhance the level of safety within and around the Town's dwelling units over time in a feasible and achievable way that avoids unnecessarily overburdening the real estate transfer process. All non life-safety and low-risk-safety deficiencies observed during the physical inspection are classified as "advisory" and do not require correction, but if corrected would improve the safety and/or code compliance of the dwelling unit. Commonly-noted advisory items include lack of backflow prevention devices on hose bibs, lack of tight-fitting doors on fireplaces, and non-code compliant lighting per the California Energy Code. The RBR records search identifies specified zoning permits, active building permits, previously- issued building permits that did not receive final sign-off prior to expiration, and any outstanding "stop-work" orders on the property. It also helps in identifying unpermitted work that is in violation of the Town's Municipal Code. The Community Development Department expedites the correction and/or re-activation and completion of expired permits to the best of its ability, and all efforts are made to provide the owners or their agents clear direction in how to proceed in rectifying their particular problem or issue. The RBR process does create an additional step in the sales and disclosure process for dwelling units, and can in some instances contribute to delay prior to a sale, or add elements of negotiation between buyer and seller, which might be avoided in the absence of an RBR process. These factors are traditionally balanced with the public health and safety benefits, such as reduced injuries and fatalities, derived from safer dwelling units. However, it should be noted that most of the contention that occasionally results from the RBR process is due to the identification of work done without building permits and the resultant consequences. Because correcting illegal and un- inspected work requires full compliance with applicable codes and standards, the aforementioned "balanced" approach used for standard mandatory correction items does not apply, and the owner must obtain a building permit and, quite often, uncover work to facilitate the inspection process that would have occurred if the work had been lawfully performed. Comparison with Other Marin Municipality RBR Regulations Most RBR ordinances and processes in Marin County involve two separate components: 1) a records search; and 2) a physical inspection of the dwelling unit. All municipalities in Marin require a records search, and all but Sausalito and Corte Madera require a physical inspection. Attached Exhibit 5 provides a quick comparison between cities. Some municipalities send out multiple personnel (e.g. planner, fire marshal, building inspector) to perform the physical inspection, while most, like Tiburon, send only a Building Inspector or Building Official. The City of Belvedere requires that a unit's private sewer lateral be video-taped as part of the RBR process, and cleaned out if necessary. The Town of Fairfax's RBR inspection identifies toilets that need to be replaced with water-conserving models. The Town of Ross sends out five staff members to conduct an RBR, and in addition to interior review, also assesses whether a dwelling unit and its yard comply with fire-related "defensible space" requirements as relates to surrounding landscaping. After reviewing and comparing the RBR ordinances from all the other Marin municipalities, staff is of the opinion that the Tiburon regulations have been updated over the decades to more clearly - state the purpose and intent of the RBR process, define more terms, provide a more readily understandable and transparent explanation of the inspection process and what constitutes a "deficiency", and clearly distinguish between mandatory and advisory correction items. Copies of RBR regulations from the City of Mill Valley and Town of Ross are attached as Exhibits 6 and 7, as typical examples. Regulations of the other cities are available for review in the Planning Division. Results of Random Sample of Recent RBR's Staff conducted a random sample analysis of 20 of the 337 RBR's completed by the Tiburon Building Division within the last 2 Y2 years, constituting an approximately 6% sample that would typically yield statistically projectable results. Primary results of the random sample are as follows: ➢ Dates of dwelling unit construction ranged from 1902 to 1989. ➢ The median construction date of dwelling units was 1961, which is expected as 60% of Tiburon's dwelling units were built prior to 1970. ➢ Sixteen (80%) of the sampled RBR's were conducted on single family detached dwellings; three (15%) were conducted on condominium units, and one (5%) was conducted on a duplex (two-family dwelling). These numbers reflect a higher percentage of detached homes than the Town-wide proportion because apartment buildings seldom change ownership and trigger the RBR process. ➢ The average (mean) number of "mandatory" correction items per unit was 5.3. Over the sample of 20 RBR's, the high number was 12 items and the low number was zero items. ➢ "Advisory" correction items averaged 2.6 per unit. ➢ Four of the RBR's identified "expired non-finaled permits"; most of these permits were from decades ago, and before the Town implemented its "about to expire" follow-up system. CONCLUSION Staff believes that the continuous application of the RBR process over the past 42 years has substantially increased the safety of dwelling units in Tiburon. The Town is pleased with its safety record and low incidence of code violation-related injuries in its residential structures. Combined with a highly-educated populace and comparatively high degrees of property maintenance and safety-consciousness, the RBR process helps make dwelling units in Tiburon safer places to live. In addition, the process provides disclosure information to potential buyers regarding numerous aspects of zoning and building code compliance. These positive effects have historically been weighed against the occasional delay and added cost associated with selling a dwelling unit subject to the RBR process. The Town's RBR process has been honed over the years to focus on the correction of serious life-safety deficiencies in the housing stock, with the Building Official given discretion to weigh and balance the threat to health and safety with the cost and effectiveness of upgrades or corrections. Often, the effective amelioration of a life-safety deficiency is possible through less expensive means that avoid costly corrective measures. Corrections are sometimes unavoidably costly, such as in cases of a failing building foundation, extensive structural dry rot, or illegal construction, which are typically indicative of a lack of proper maintenance or with u oseful evasion of safet -based laws. 9 i ~ t1 `Z;~yf'h RECOMMENDATION Staff recommends that the Town Council receive the report and provide any desired direction to staff regarding the RBR regulations and/or process. EXHIBITS 1. Government Code Sections 38780 through 38785. 2: Title IV, Chapter 13A (Reports of Residential Building Records) of the Tiburon Municipal Code. 3. Current RBR application form. 4. Current RBR template. 5. Comparison Table of RBR Requirements from Marin County Municipalities. 6. Copy of Town of Ross RBR regulations. 7. Copy of City of Mill Valley RBR regulations. Prepared By: Scott Anderson, Director of Community Developmentk- Fred Lustenberger, Building Official Rig", of, WAIS Document Retrieval CALIFORNIA CODES GOVERNMENT CODE SECTION 38780-38785 38780. A city by ordinance may provide that prior to the sale or exchange of any residential building, the owner or his authorized agent shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy, and zoning classifications of such property. 38781. The report of residential building record shall be delivered by the owner, or the authorized agent of the owner, to the buyer or transferee of the residential building prior to the consummation of the sale or exchange. 38782. The ordinance may require payment of a reasonable fee by the owner, or his authorized agent, for the issuance of such reports. 38783. The ordinance shall provide that it shall be unlawful for the owner of a residential building to sell or exchange same without first having obtained and delivered to the buyer a report of residential building record. 38784. This article shall not apply to the first sale of a residential building located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Act not more than two years prior to the first sale. 38785. No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provision of an ordinance adopted pursuant to this article unless such failure is an act or omission which would be a valid ground for rescission of such sale or exchange in the absence of this article. Page 1 of 1 T-7/rHUDIT NO. http://www.leginfo.ca.gov/cgi-binlwaisgate?WAISdocID=3672841802+0+0+0&WAISacti... 4/25/2012 13A-] Chapter 13A REPORTS OF RESIDENTIAL BUILDING RECORDS Sections: 13A-1 Intent of chapter. 13A-2 Definitions. 13A-3 Report required. 13A-4 Application-Fee. - 13A-5 Records review and physical inspection. 13A-6 Issuance of report. 13A-7 Disclosure of report. 13A-8 Correction of deficiencies and finalization of expired permits required by owner or purchaser. 13A-9 Validity of report. 13A-10 Exemption from chapter. 13A-11 Appeals. 13A-12 Penalties and enforcement. 13A-13 Nonliability of town. 13A-1 Intent of chapter. (a) The Town of Tiburon desires to maintain and upgrade the safety of housing within the town to en- sure the health and safety of its residents. The town council has previously adopted the Uniform Building and Housing Codes which provide standards for safe dwelling units. The town council finds that inspec- tion of dwelling units upon resale and mandatory cor- rection of hazardous conditions is a reasonable and effective method of ensuring that dwelling units within the town meet minimum safety standards con- tained in the Uniform Codes and do not endanger the life, limb, health, property, safety or welfare of the public. The mandatory items of correction listed in the report required by this chapter shall be the re- sponsibility of the owner, purchaser or both and will be subject to abatement if not corrected. (b) In addition to the health and safety concerns addressed by this chapter, the residential building report shall disclose the authorized use, occupancy and zoning of real property. By doing so, unwary buyers of residential property will be protected against undisclosed restrictions on the property. (Ord. No. 410 N.S., § 2 (part)) 13A-2 Definitions. For purposes of this chapter, the following words and phrases shall have the meanings set forth in this section: "Building official" means the town's building of- ficial or designated building inspector. "Deficiency(ies)" means any aspect of the dwell- ing unit which does not meet minimum safety stan- dards as established by the town's housing and build- ing codes. Deficiencies may be categorized as advi- sory (meaning correction is recommended but not required by the town) or mandatory (meaning correc- tion shall be required by the town). Deficiencies listed as mandatory shall be reviewed to balance the threat to health and safety with the cost and effec- tiveness of the upgrade. "Dwelling unit" means any unit used for residen- tial purposes, including the interior living space, ga- rage, decks or other structures and improvements. "Owner" means any person, partnership, associa- tion, corporation or fiduciary having legal or equita- ble title or any interest in any dwelling unit. "Purchaser" means any person, partnership, asso- ciation, corporation or fiduciary acquiring legal or equitable title or any interest in any dwelling unit. "Report" means the residential building report. "Sale or exchange" means the transfer of title, change in ownership, sale, exchange, rent or lease with option to sell or purchase, excluding acquisition by eminent domain, acquisition by threat of eminent domain, acquisition by gift or inheritance, establish- ment of a trust or any transfer exempted from disclo- sure requirements by California Civil Code section 11041. 1. Any sale or exchange concluded prior to the effective date of this article is not subject to the re- quirements of this chapter. "Transfer of ownership" means the date on which le~(Yal title to the dwelling unit changes hands. This date will usually be the date on which the new owner's title is recorded with the office of the Marin County recorder. (Ord. No. 410 N.S.. § 2 (part)) 95 (Tiburon Stipp. No 4, 3-05) 13A-3 13A-3 Report required. Prior to the sale or exchange of any dwelling unit, the owner shall obtain from the town a report of the residential building record showing the regularly au- thorized use, occupancy and zoning classification of the property and an itemization of deficiencies in the dwelling unit. (Ord. No. 410 N.S., § 2 (part)) 13A-4 Application-Fee. When a dwelling unit is placed on the market as being for sale, the owner shall file with the building official a written application for a report on a form to be prescribed by the building official, accompanied by the fee therefor. The filing fee for the report shall be established by resolution of the town council. (Ord. No. 410 N. S., § 2 (part)) 13A-5 Records review and physical inspection. (a) For each application, the building official shall conduct a review of the town's building records for the dwelling unit. The records review shall consti- tute a good faith effort to locate and review relevant records generally limited to those listed in section 13 A-6. (b) For each application, the building official shall perform a physical inspection of the dwelling unit for compliance with the town's building regula- tions as adopted in chapter 13 of this Code. The in- spection shall constitute a good faith effort to identify deficiencies, but the scope of inspection is necessar- ily limited and code deficiencies may exist which are not identified during the inspection. (c) The building official shall make every rea- sonable effort to complete the inspection and subse- quent report within ten working days of the filing date of the application. (d) As part of the required fee for the inspection and report, the building official will perform one re- inspection of corrections at no additional charge. (Ord. No. 410 N.S., § 2 (part), Ord. No. 483 N.S., § 2 (part)) 13A-6 Issuance of report. Upon completion of the inspection, the building official shall issue a written report which shall in- clude the following: (a) The date of issue of the report; (b) The street address of the dwelling unit; (c) The date the physical inspection was com- pleted; (d) The current zoning for the property on which the dwelling unit is located; (e) The existing use of the property on which the dwelling unit is located; (f) The authorized use of the property, includ- ing any conditional use permits or secondary dwelling unit permits that have a bearing on the authorized use; (g) The occupancy classification pursuant to the Uniform Building Code; (h) A listing of active or pending building per- mits for the property; (i) A listing of expired building permits for the property, accompanied by a statement that any construction or work done without required per- mits, inspections, and/or final sign-off may be sub- ject to correction, fees, penalties, and/or abatement under the applicable Uniform Building Code; (j) A listing of any outstanding "stop-work" orders and/or "planning holds" placed on the prop- erty; (k) A statement that pursuant to section 13-3(d) of this chapter, "No permit for new work on a property shall be issued until all outstanding fines, fees, or penalties have been paid and all inspections completed on expired incomplete permits;" (1) An itemization of all deficiencies noted in the dwelling unit pursuant to the physical inspec- tion. Deficiencies which are determined by the building official to endanger the health, safety or welfare of the occupants of the dwelling unit or the public shall be listed as "mandatory" and shall be corrected pursuant to section 13A-8. Those defi- ciencies which the building official determines do not endanger the health, safety or welfare of the occupants of the dwelling unit or the public shall (Tiburon Supp. No. a_ 3-05) 96 13A-6 be listed as "advisory" and correction, while rec- ommended, shall not be required; (m) The following statement: NOTICE TO PROSPECTIVE PURCHASER: You are hereby advised that the dwelling unit de- scribed in this report has been inspected by the Town of Tiburon building official and may have been found to have certain health and/or safety de- ficiencies, as well as certain expired incomplete -building permits, which, if found, are itemized herein. The itemized deficiencies listed as "man- datory" are those which present a serious health or safety concern and must be corrected. In the event deficiencies listed as "mandatory" are not cor- rected by the seller, you, as the purchaser, will be required to correct said items within thirty (30) days of the date of transfer of ownership, or such other period of time as may be agreed to by the building official. All expired incomplete building permits should be finalized by the seller prior to transfer of ownership. Any such permits that are not finalized prior to transfer of ownership be- come the responsibility of the purchaser and must be finalized within thirty (30) days of transfer of ownership, or such other period of time as may be agreed to by the building official. If all such per- mits have not been finalized within the time pe- riod, an administrative citation will be issued and substantial daily penalties will accrue. As part of the filing fee for the inspection and re- port, the buildinofficial will perform one rein- Z:) at no additional charge. Those deficien- cies listed as "advisory" do not present serious health or safety concern and correction is recom- mended but not required. The scope of the physi- cal inspection was necessarily limited and defi- ciencies may exist which were not identified. The review of building records was a good faith effort but errors or omissions may have occurred. (Ord. No. 410 N.S., § 2 (part); Ord. No. 483 N.S., § (part)) 13A-7 Disclosure of report. Prior to the sale or exchange of a dwelling unit, the owner shall provide the prospective purchaser with a copy of the report. The purchaser shall ac- knowledge receipt of the report on the original or a true copy thereof. A copy of the report shall be signed by the purchaser and filed with the building official no later than five working days after transfer of ownership. (Ord. No. 410 N.S., § 2 (part)) 13A-8 Correction of deficiencies and finalization of expired permits required by owner or purchaser. (a) All deficiencies identified as mandatory in the report shall be corrected. Work requiring a build- ing permit shall be noted in the report. As part of the fee for the report, the building official shall perform one reinspection of corrections at no additional charge. (b) Mandatory corrective work identified in the report not completed prior to sale or exchange of the dwelling unit shall be the responsibility of the pur- chaser. Such mandatory corrections shall be com- pleted within thirty days of the transfer of ownership of the dwelling unit or such longer period of time as may be agreed to by the building official. The build- ing official may grant time extensions in appropriate circumstances. (c) All expired incomplete building permits should be finalized by the seller, and all associated fees and fines paid, prior to transfer of ownership. Any such permits that are not finalized prior to trans- fer of ownership become the responsibility of the purchaser and must be finalized within thirty days of transfer of ownersh 1p, or such other period of time as may be agreed to by the building official. If all such permits have not been finalized within the time pe- riod, an administrative citation will be issued by the building official and substantial daily penalties will accrue. (Ord. No. 410 N.S., § 2 (part); Ord. No. 483 N.S., § 2 (part)) 96-1 13A-9 Validity of report. The report shall remain valid for a period of twelve months from the date of issuance provided no (Tiburon Stipp. No 4. 1-05) 13A-9 modifications requiring a permit have been made to the dwelling unit since issuance of the report. (Ord. No. 410 N.S., § 2 (part)) 13A-10 Exemption from chapter. The provisions of this chapter shall not apply to the first sale of a newly constructed dwelling unit. (Ord. No. 410 N.S., § 2 (part)) 13A-11 Appeals. AlI decisions made by the building official pursu- ant to this chapter may be appealed to the town coun- cil. All appeals must be filed with the town clerk within ten days after the transfer of ownership or within ten working days after any decision made by the building official pursuant to section 13A-8(b). Any person filing an appeal shall pay the fee for ap- peals set by resolution of the town council. (Ord. No. 410 N.S., § 2 (part)) 13A-12 Penalties and enforcement. (a) In addition to all other remedies available under this Code or state law, any deficiency that re- mains uncorrected shall be subject to abatement as a public nuisance. All costs relating to the enforcement of this chapter shall be borne by and recoverable from the person in violation thereof. (b) No sale or exchange of a dwelling unit shall be invalidated solely because of the failure of any person to comply with any provision of this chapter unless such failure is an act or omission that would be a valid ground for rescission of such sale or ex- change in the absence of this chapter. (Ord. No. 410 N.S., § 2 (part); Ord. No. 445 N.S., § 1) 13A-13 Nonliability of town. Neither the enactment of this chapter nor the preparation and delivery of any report required here- under shall impose any liability upon the town for any errors or omissions contained in such report. nor shall the town bear any liability not otherwise im- posed by law. (Ord. No. 410 N.S., § 2 (part)) (Tiburon Supp. No. 4. 1-05) 9 6-2 Town of Tiburon Building Division 1505 Tiburon. Blvd (415) 435-7380 APPLICATION FOR RESIDENTIAL BUILDING RECORD (RBR) Section 13A-3 of the Tiburon Municipal Code requires that: "Prior to the sale or exchange of any dwelling unit, the owner shall obtain from the Town a report of the Residential Building Record (RBR) showing the regularly authorized use, occupancy, and zoning classification for the property and an itemization of deficiencies in the dwelling unit." Section 13A-8 of the Tiburon Municipal Code requires that "All deficiencies identified as mandatory in the RBR shall be corrected." The application fee is $250 (plus $75 each for any additional living units) and includes an on-site inspection of the building(s), review of the Town's planning and building records prior to preparation of the report, and one follow-up reinspection. The report shall be issued within ten (10) working days of the inspection date. The report shall be valid for a period of twelve (12) months following the date of issuance. NOTE: the $250 fee includes one reinspection at no additional charge, however, if the inspector needs to return for an additional reinspection a $75 fee will be required. Also, a $75 fee will be assessed for any missed inspection appointments. APPLICANT INFORMATION: 1. 2. 3. Property Address Owner : Listing Agency/Agent: CHECK ONE BOX ONLY: ❑ MAIL Report ❑ FAX Report ❑ WILL PICKUP Mail to: Address: AP# Phone#(_ j Fax#(_). DISCLOSURE TO PURCHASER: A copy of the RBR report MUST be provided by the seller or the seller's agent to the purchaser prior to the transfer of ownership. The purchaser shall acknowledge receipt of the report by signing the "Notice to Prospective Purchaser" portion of the report and filing it with the Town of Tiburon Building Official no later than five (5) working days after transfer of ownership. All mandatory corrections listed in the RBR report, if not completed by the seller prior to transfer of ownership, become the responsibility of the purchaser TO COMPLETE WITHIN 30 DAYS OF THE TRANSFER. AGREEMENT: I AM THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE LEGAL OWNER OF THE PROPERTY LISTED ABOVE AND HEREBY AUTHORIZE THAT AN INSPECTION BE MADE OF THE SUBJECT BUILDING(S) AND THAT A REPORT OF RESIDENTIAL BUILDING RECORD (RBR) BE ISSUED THEREFORE. IN SIGNING THIS APPLICATION FORM, I AGREE: a) to make all corrections listed as mandatory on the RBR report prior to transfer of ownership and to schedule and pass a reinspection, or b) to fully disclose to the purchaser that he/she must complete all mandatory items within thirty (30) days of transfer of ownership and he/she must schedule and pass a reinspection, and that failure to do so may result in fines of $100 per day and prevent the issuance of future building permits and RBR reports until all corrections have been made/any fines paid. Print Name: Signature: Date FOR OFFICE USE ONLY: Date Received: Date & time of inspection: Fees Paid RBR # Receipt # E~';.1IIBIT NO. TOWN OF TIBURON BUILDING DIVISION 1505 TIBURON BLVD. TIBURON CA 94920 TEL: (415) 435-7380 FAX: (415) 435-7395 REPORT SITE INSPECTION DATE: RESIDENTIAL. BUILDING RESALE INSPECTION REPORT This report is compiled from the results of a physical inspection of the property for compliance with the Town's building regulations and from a good faith effort to locate and review relevant Town records for the property. The physical inspection is intended as a good faith effort to identify code deficiencies, but is necessarily limited in scope, and deficiencies may exist that were not identified during the inspection. This report is not intended to serve as a complete and thorough examination of soundness of structure, quality of construction, or full compliance with current building codes. This report is to be provided to the purchaser prior to close of escrow. The "Notice to Prospective Purchaser," attached to this report, should be read carefully, then signed and returned. Street Address: Assessor Parcel No: Authorized Use: Existing Use: Occupancy Classification (CBC): Construction Date/Source: Zoning: Use Permits: Variances: Secondary Dwelling Unit Permit: Active and/or Pending Building Permits: Outstanding "Stop Work" Orders or "Holds": Expired Building Permits Never Finaled: OFFICE USE: ❑ Additional Re-inspection fee: ❑ Request Additional Time: ❑ ALL MANDATORY ITEMS COMPLETED & FEES PAID INSPECTOR DATE NOTE: In the event there are stop work orders or permits issued that were not finaled, please be advised that pursuant to the Municipal Code, any construction or work done without required permits, inspections, and/or final sign-off may be subject to correction, fees, penalties, and/or abatement under applicable law. Pursuant to Section 13-3(d) of the Municipal Code, no permit for new work on a property shall be issued until all outstanding fines, fees, and/or penalties have been paid and all inspections completed on expired incomplete permits that were never finaled. RBR# [Street Address] 1 of 3 ` NO. TOWN OF TIBURON BUILDING DIVISION 1505 TIBURON BLVD. TIBURON CA 94920 TEL: (415) 435-7380 FAX: (415) 435-7395 Deficiency Items: ADVISORY ITEMS: Correction recommended but not required. 1. MANDATORY ITEMS: Correction required within thirty (30) days of transfer of ownership. Failure to make the required corrections within thirty (30) days will incur a fine pursuant to Section 13A-8 of the Municipal Code. You must contact the Building Official and secure a written time extension if circumstances will require additional time to complete the corrections. 1. Approved by: Fred Lustenberger Issue Date: Building Official Expiration Date: NOTE: Your resale inspection fee includes one re-inspection. When the above mandatory items are completed call the Building Division and schedule your re- inspection. BRING YOUR COPY OF THIS REPORT TO THE RE-INSPECTION. The inspector will need it in order to sign off the mandatory items and leave it with you for your final record. All of the mandatory items must be ready at the time of re- inspection; a fee of $75.00 will be required if the inspector needs to return for an additional inspection. RBR# [Street Address] 2 of 3 TOWN OF TIBURON BUILDING DIVISION 1505 TIBURON BLVD. TIBURON CA 94920 TEL: (415) 435-7380 FAX: (415) 435-7395 NOTICE TO PROSPECTIVE PURCHASER: You are hereby advised that the dwelling unit described in this report has been inspected by the Town of Tiburon Building Official and may have been found to have certain health and/or safety deficiencies, as well as' certain expired incomplete building permits, which, if found, are itemized herein. The itemized deficiencies listed as "mandatory" are those which present a serious health or safety concern and must be corrected. In the event deficiencies listed as "mandatory" are not corrected by the seller, you, as the purchaser, will be required to correct said items within thirty (30) days of the date of transfer of ownership, or such other period of time as may be agreed to by the Building Official. All expired incomplete building permits should be finalized by the seller prior to transfer of ownership. Any such permits that are not finalized prior to transfer of ownership become the responsibility of the purchaser and must be finalized within thirty (30) days of transfer of ownership, or such other period of time as may be agreed to by the Building Official. If all such permits have not been finalized within the time period, an administrative citation will be issued and substantial daily penalties will accrue. As part of the filing fee for the inspection and report, the Building Official will perform one re-inspection at no additional charge. Those deficiencies listed as "advisory" do not present serious health or safety concern and correction is recommended but not required. The scope of the physical inspection was necessarily limited and deficiencies may exist which were not identified. The review of building records was a good faith effort but errors or omissions may have occurred. Prior to sale or exchange of a dwelling unit, the owner shall provide the prospective purchaser with a copy of this report. The purchaser shall acknowledge receipt of the report on the original or a true copy thereof. A copy of this page of the report shall be signed by the purchaser and filed with the Building Official no later than five (5) working days after transfer of ownership. I certify that I am the purchaser of the residential property covered by this report, and that I have received the above report prior to consummation of the sale or exchange of said residential building as required in Section 13A-7 of the Tiburon Municipal Code. Purchaser's name (please print): Purchaser's Address: Signature(s) of Purchaser(s): Return to: Tiburon Building Division, 1505 Tiburon Blvd, Tiburon, CA 94920 RBR# [Street Address] 3 of 3 COMPARISON OF MARIN MUNICIPALITIES RBR REQUIREMENTS Municipality Records Search Physical Inspection Belvedere Yes Yes' Corte Madera Yes No Fairfax Yes Yes Larkspur Yes Yes2 Mill Valley Yes Yes3 Novato Yes Yes Ross Yes YeS4 San Anselmo Yes Yes San Rafael Yes Yes Sausalito Yes No Tiburon Yes Yes Notes: Also requires a video be made of the unit's sewer lateral; clean-out of sewer lateral required if deemed necessary as part of the RBR. 2 A Fire Marshal inspects for code violations and certain health/safety hazards; report is for disclosure purposes and is not used as an enforcement document. 3 A Planner accompanies the Building Inspector on RBR physical inspections. 4 Three Firefighters and a Planner accompany the Building Inspector on RBR physical inspections. Photographs are taken of the site. The report also identifies "defensible space" fire buffer deficiencies around a dwelling unit, as determined by the Fire Marshal. ~4 ` e OSS Chapter 15.32 REPORT OF RESIDENTIAL BUILDING RECORDS Sections: 15.32.010 Intent. 15.32.020 Definitions. 15.32.030 Report required. 15.32.040 Application. 15.32.050 Delivery of report. 15.32.060 Extension endorsement. 15.32.070 Exceptions. 15.32.080 Penalties. 15.32.085 Failure to comply with timelines. 15.32.090 Nonliability of town. 15.32.100 Enforcement. 15.32.010 Intent. Pursuant to Article 6.5 (commencing with Section 38780), Chapter 10, Part 2, Division 3, Title 4 of the Government Code of the state of California, it is the intent of the council to assure that the grantee of a residential building within the town is furnished a report of matters of town record pertaining to the authorized use, occupancy and zoning classification of real property prior to sale or exchange. It is the further intent to protect the unwary buyer of residential property against undisclosed restrictions on the use of the property. (Ord. 310 § 1(part), 1970). 15.32.020 Definitions. (a) "Owner" means any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property. (b) "Residential building" means any improved real property designed or permitted to be used for dwelling purposes, situated in the town and includes the building or structures located on the improved real property. (c) "Agreement of sale" means any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner. (Ord. 310 § 1(part), 1970). 15.32.030 Report required. Prior to listing any residential building within the town for sale or exchange, the owner shall obtain from the town a report of the residential building record showing the regularly authorized use, occupancy and zoning classification of such property. If there is no listing, the owner shall obtain from the town a report of the residential building record prior to entering into an agreement of sale or exchange of any residential building within the town. This report shall be valid for a period not to exceed six months from date of issuance. (Ord. 569 (part), 2002; Ord. 556 (part), 2001: Ord. 310 §1 (part), 1970). a~, NO.4 15.32.040 Application. Upon application of the owner and payment to the town of a fee established by resolution of the council, the building inspector and fire official shall review pertinent town records and inspect the premises. in question. Upon completion of the review and inspection, they shall deliver a report to the buyer which shall contain at least the following information. (a) The street address or other appropriate description of subject property; (b) A statement of the zoning classification applicable to the property in question, together with a summary of the uses permitted within the particular zoning classification; (c) A statement of the variances and use permits, if any, granted to that property, together with the conditions and restrictions of such permits; (d) A statement as to whether any construction, electrical, plumbing or comfort heating building permits have been issued for work not yet completed on the premises, and a statement as to whether there appears to be any nonconformity as to such matters; (e) A statement as to whether there appears to be any nonconformity or illegality in the structures on the property or the uses being made thereof. (f) A statement as to whether there are any conditions related to site conditions on or within the right-of-way which are the responsibility of the property owner to address including, but not limited to, drainage improvements, roadway improvements, sidewalk condition, weed control, trees or landscaping. (g) A statement by the fire official as to whether the buildings are properly equipped with smoke detectors, fire alarms, sprinkler systems or emergency key access, and whether any fire hazards exist on the premises. (h) A statement by the fire official as to whether there exist properly maintained defensible spaces around each building and structure as provided for in Section 12.12.016. (Ord. 611 (part), 2008). 15.32.050 Delivery of report. The report of residential building record shall be delivered by the owner to the buyer or transferee of the residential building prior to the consummation of the sale or exchange. The buyer or transferee shall execute a receipt therefor as furnished by the town and this receipt shall be delivered by the owner to the town, as evidence of compliance with the provisions of this chapter. (Ord. 350 § 1(part), 1975: (Ord. 310 § 1(part), 1970). 15.32.060 Extension endorsement. Upon request of the owner prior to the expiration of the six-month period referred to in Section 15.32.030, the town may issue an endorsement to this report, showing any changes to the information shown on the original report. There shall be no fee for the issuance of the endorsement. (Ord. 350 § l (part), 1975: Ord. 310 § 1(part), 1970). 15.32.070 Exceptions. The provisions of this chapter shall not apply to the first sale of a residential building located in a subdivision whose map has been approved and recorded in accordance with the subdivision map act not more than two years prior to the first sale, nor shall they apply to a transfer between husband and wife, nor to a transfer on death to an heir. (Ord. 365 §2, 1976; Ord. 310 § 1(part), 1970). 15.32.080 Penalties. (a) Anyone violating any provision of this chapter shall be subject to the penalties provided in Chapter 1.04 of this code. (b) When any provision of this chapter has been violated upon a sale or exchange of residential property, no building permit shall thereafter be issued for the erection, constructions, reconstruction, repair, alteration or remodeling of any building or structure on such property until the provisions of this chapter have been met. (c) No sale or exchange- of residential property shall be invalidated solely because of the failure of any person to comply with any provisions of this chapter until such failure is an act or omission which would be a valid ground for rescission of such sale or exchange in the absence of this chapter. (Ord. 3 60 § 1, 1975; Ord. 310 § 1(part), 1970). 15.32.085 Failure to comply with timelines. The following penalties shall be imposed if any property owner fails to comply with the requirements of Section 15.32.030: (a) Any property owner requesting a report of residential building record more than one week after listing a residential building or entering into an agreement of sale or exchange, shall be assessed two times the established fee for this report. (b) Any property owner requesting a report of residential building record more than three weeks after listing a residential building or entering into an agreement of sales or exchange, shall be assessed a one thousand dollar a day penalty for each day that the owner has violated the requirements of Section 15.32.030, up to a maximum penalty of one hundred thousand dollars. This penalty shall apply regardless of whether the property is withdrawn from the "for sale" market, sold or not sold. (c) A property owner shall be notified in writing of the amount of any penalty imposed pursuant to this section. A penalty imposed pursuant to this section may be appealed to the town council on the grounds that the owner was unable to comply with the time requirements for reasons beyond the control of the applicant and/or his representatives. For purposes of this section, "reasons beyond the control of the applicant and/or his representatives" shall include, but not limited to, acts of war or terrorism and natural disasters. (d) An appeal shall be filed in writing with the town clerk within ten calendar days from the date of service of notice of the penalty, with payment of an appeal fee as established by town council resolution. The town council shall hold a hearing on the appeal and shall affirm or modify the penalty. (e) Unpaid compensation due to the town by a property owner as a result of violation of the provisions of this chapter shall become a lien against the property offered for sale, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. (Ord. 611 (part), 2008; Ord. 569(part), 2002). 15.32.090 Nonliability of town. Neither the enactment of this chapter nor the preparation and delivery of any report required hereunder shall impose any liability upon the town for any errors or omissions contained in the report, nor shall the town bear any liability not otherwise imposed by law. (Ord. 310 § 1(part), 1970). 15.32.100 Enforcement. The building inspector is authorized and directed to enforce ail the provisions of this chapter. (Ord. 365 §3, 1976). Chapter 20.70 Residential Building Record Sections: 20.70.010 Residential building defined. 20.70.020 Report of residential building record. 20.70.030 Fee. 20.70.040 Delivery of report to buyer or transferee. 20.70.050 Compliance with law. 20.70.060 Applicability of chapter--Exemptions. 20.70.070 Violations. t i I- , U (-e 7 20.70.010 Residential building defined. "Residential building," as used in this Chapter, means a building containing one or more "dwelling units" as the term "dwelling unit" is defined, in Chapter 20.80 of this code. (Ord. 1182, Sec. 10, April 2, 2002.) 20.70.020 Report of residential building record. Prior to the sale or exchange of any residential building in the City of Mill Valley, the owner or his authorized agent shall obtain from the City a report of the residential building record showing the regularly authorized use, occupancy and zoning classifications of such property. (Ord. 789, Sec. 1(part); March 5, 1973.) 20.70.030 Fee. A report of residential building record shall be issued by the City upon application by the owner or his authorized agent and upon payment to the City of a fee to be established by resolution of the City Council. (Ord. 789, Sec. 1(part); March 5, 1973.) 20.70.040 Delivery of report to buyer or transferee. The report of residential building record shall be delivered by the owner or the authorized agent of the owner to the buyer or transferee of the residential building prior to the consummation of the sale or exchange. (Ord. 789, Sec. 1(part), March 5, 1973.) 20.70.050 Compliance with law. No statements contained in a report of residential building record issued by the City of Mill Valley shall authorize the use or occupancy of any residential building contrary to the provisions of any law or ordinance. Every report issued hereunder shall contain a provision stating that the issuance of such report shall not constitute a representation by the City of Mill Valley that the property or its present use is or is not in compliance with the law, and that the report does not constitute a full disclosure of all material facts affecting the property or the desirability of its sale. (Ord. 789, Sec. 1(part), March 5, 1973.) 20.70.060 Applicability of chapter--Exemptions. The provisions of this Chapter shall not apply to the following transactions: A. The first sale of a residential building located in a subdivision whose final map has been approved and recorded in accordance with the Subdivision Map Act not more than two years prior to the first sale; B. A reconveyance by a trustee pursuant to the provisions of a deed of trust; C. A'transfer of property made without valuable consideration; D. A transfer of property made between co-owners. (Ord. 789, Sec. 1(part), March 5, 1973.) 20.70.070 Violations. Except as provided herein, it is unlawful for the owner of a residential building in the City of Mill Valley to sell or exchange the same without first having obtained and delivered to the buyer a report of residential building record. Any person violating any of the provisions of this Chapter is guilty of an infraction and upon conviction thereof shall be punished by a fine not exceeding $500.00. (Ord. 789, Sec. 1(part), March 5, 1973.) Q y To: From: Subject: Reviewed By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting June 6, 2012 Agenda Item: Pa r f f Recommendation to Adopt Revised Fee Schedule for Animal Control Services C-4 (I - The Town is proposing revisions to the fee schedule for animal control services. ANALYSIS The Marin County Board of Supervisors adopted an amended fee schedule for Animal Control Services in May 2012. As these services are provided by the Marin Humane Society under a Joint Powers Agreement, all cities in the county must adopt the same fee schedule in order for new fees to become effective. All other municipalities in the County are in the process of updating these fees. The fee revisions are generally in the form of minor to moderate fee increases to cover increased costs by the Marin Humane Society to provide these services. Increases for certain services, especially those related to dangerous/vicious dogs and to permits for commercial animal exhibits, are substantial. A draft resolution adopting the proposed fee schedule is attached as Exhibit 1. Attached Exhibit 2 provides a comparison of the existing and proposed fees for animal control services. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing and take any public testimony on the matter. 2. Move to adopt the resolution amending the fee schedule. EXHIBITS 1. Draft Resolution adopting a revised Animal Control Services Fee Schedule. 2. Copy of Board of Supervisors Ordinance comparing old and new fees. Prepared By: Scott Anderson, Director of Community Development f " RESOLUTION NO. XX-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING FEES COLLECTED FOR ANIMAL CONTROL SERVICES AS REGULATED BY TITLE VI, CHAPTER 20 OF THE TIBURON MUNICIPAL CODE WHEREAS, Chapter 20 (Animals) of the Tiburon Municipal Code sets forth certain regulations and enforcement provisions regarding animals; and WHEREAS, the Town of Tiburon is obligated under state law to provide animal control services, and does so under a cooperative arrangement with other Marin County agencies which adopt common regulations and fees; and WHEREAS, animal control services for the Town of Tiburon and other Marin County agencies are provided by the Marin Humane Society pursuant to a contract with the County of Marin; and WHEREAS, the County of Marin recently revised its Animal Services Fee Schedule; and WHEREAS, the Town Council of the Town of Tiburon desires to adopt the revised fees that were adopted by the County of Marin in order to achieve consistency and to allow for the uniform regulation of animal control services countywide; and WHEREAS, it is the intent of the Town Council that such fees be used to recover the cost of providing the services for which the fees are assessed; and WHEREAS, the Town of Tiburon has provided required notice and held a public hearing pursuant to state law and local ordinances prior to adoption of the revised fees. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt an Animal Control Fee Schedule, attached hereto as Exhibit "A" and incorporated herein, said fee schedule to become effective sixty (60) days from the adoption of this resolution. 1E1 IIFIT NO. Tiburon Town Council Resolution XX-2012 Effective --/--/2012 Page PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on , 2012 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution XX-2012 Effective --/--/2012 Page EXHIBIT"A" ANIMAL CONTROL FEE SCHEDULE (FEES COLLECTED FOR ANIMAL CONTROL SERVICES AS REGULATED BY TITLE VI, CHAPTER 20 OF THE TIBURON MUNICIPAL CODE) Dog License Fees established under 20-2.060 for a: Sterilized Dog - For a one year license $19.00 For a two year license $26.00 For a three year license $35.00 Unsterilized Dog - For a one year license $50.00 For a two year license $59.00 For a three year license $80.00 Delinquent Dog License Fees established under 20-2.070 $50.00 Duplicate License Tag fee established under 20-2.080 $10.00 Redemption Fees (Impound Fees) established under 20-2.140 for a: Sterilized Animal: upon a first impoundment during a 12 month period $65.00 upon a second impoundment during a 12 month period $90.00 upon a third impoundment during a 12 month period $110.00 upon a fourth impoundment during a 12 month period $150.00 upon subsequent impoundment during a 12 month period $230.00 Unsterilized Animal: upon a first impoundment during a 12 month period $95.00 upon a second impoundment during a 12 month period $145.00 upon a third impoundment during a 12 month period $165.00 upon a fourth impoundment during a 12 month period $200.00 upon subsequent impoundment during a 12 mo. Period $260.00 Dead Dog, Cat and Small Household Pet Removal Fees per 20-2.195 $75.00 Dead Wildlife Removal Fees established under 20-2.195 for removal & disposition of dead wildlife under 50 lbs. $75.00* for removal & disposition of dead wildlife 50 lbs. & over $125.00* *Said removal and disposition fees shall be chargeable to the property owner where the dead wildlife is found. Boarding Fees for quarantined or impounded animals per 20-2.050 and 20-2.150 Sterilized Animals Charge for boarding a sterilized dog per day is $22.00 Charge for quarantining a sterilized dog per day is $35.00 Charge for boarding a sterilized cat per day is $14.00 Charge for quarantining a sterilized cat per day is $30.00 Unsterilized Animals Charge for boarding an unsterilized dog per day is $35.00 Charge for quarantining an unsterilized dog per day is $40.00 Town of Tiburon Animal Control Fee Schedule Effective -4-42012 Charge for boarding an unsterilized cat per day is Charge for quarantining an unsterilized cat per day is $21.00 $37.00 Animals other than dogs and cats that need to be boarded due to quarantine or impound shall be charged for said services at the same rate as those for cats for the status of the animal and category of services described. All veterinary fees associated. with veterinary care provided to any animals in the Animal Services Agency's care pursuant hereto shall be directly recoverable as a charge pursuant to this resolution. Payment is delinquent if not received within 60 days. In the event that payment is not received within 60 days, a delinquency charge equaling the amount of the invoice shall be assessed. For each additional month of delinquency, another twenty percent (20%) penalty charge shall be assessed. Potentially Dangerous/Vicious Dog Permits established under 20-2.181 Potentially Dangerous Dog, the charge for record keeping pursuant to 20-2.181(g) $250.00 Vicious Dog, the charge for record keeping pursuant to 20-2.181(h) $500.00 Dog Hobbyist & Ranch Dog Fees established under 20-2.245 & 20-2.246 Dog Hobbyist Permit, the charge for issuance of each dog hobbyist permit $250.00 Ranch Dog Permit, the charge for issuance of each ranch dog permit $250.00 The issuance of a dog hobbyist or ranch dog permit includes provision of an individual license for each dog harbored under the permit at no additional charge. Exhibit Fee & Commercial Animal Establishment established under 20-2.230 and 20-2.240 Animal Exhibition Fee the charge for timely processing of unwaived exhibit fee $500.00 Commercial Animal Establishment Fee for an annual permit & for timely renewals $450.00 Delinquency charge shall be assessed for late renewal of an expired permit $75.00 Additional charge shall be assessed for every calendar month of said delinquency $50.00 Stray Livestock Charges established pursuant to 20-2.220 Equine and Bovine (over 6 mo.) charge for securing $200.00 and keeping (per day) $75.00 Equine and Bovine (6 mo. & under) & sheep, lamb, goat, hogs, etc. charge for securing $100.00 and keeping (per day) $30.00 Herding Fee the charge per hour or any fraction thereof for return of an animal that has strayed $100.00 All costs incurred by Town in connection with such animals shall be a pass-through to the animal owner, including, but not limited to, the cost of herding, advertising, transporting, drugs, and veterinary services. Senior Citizen, Blind or Disabled Person's Discount on Specified Fees pursuant to 20-2.255 Dog license Fees (any duration) 25% discount Town of Tiburon Animal Control Fee Schedule Effective -4-42012 2 ORDINANCE NO. ORDINANCE OF THE MARIN COUNTY BOARD OF SUPERVISORS ESTABLISHING INCREASED IN FEES COLLECTED FOR ANIMAL CONTROL SERVICES CODIFIED IN CHAPTER 8.04 OF TITLE 8 OF THE MARIN COUNTY CODE THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN HEREBY ORDAINS AS FOLLOWS: SECTION 1. Fees for the various services provided under Marin County Code Title 8, Chapter 8.04 as described and identified below (all code references are to sections of the Marin County Code) are hereby amended to read as follows and shall be come operative upon all parties to the Joint Powers Agreement for the implementation of county-wide animal control services adopting said fees. Said event shall be memorialized by the Board's adoption of a resolution implementing the new fees authorized hereunder. Until that resolution is adopted, the County's current fees (as set forth below within brackets) shall remain in full force and effect. All cost pass-through policies, delinquent charges and discount policies are intended to continue unchanged and will remain in full force and effect prior to resolution adoption as well as thereafter. Fee Category [Existing Fee] New Fee DOG LICENSE FEES ESTABLISHED UNDER 8.04.060 FOR A: Sterilized Doq For a one year license [$16.00] $19 For a two year license [$24.00] $26 For a three year license [$34.00] $35 Unsterilized Doq For a one year license [$45.00] $50 For a two year license [$55.00] $59 For a three year license [$77.00] $80 DELINQUENT DOG LICENSE FEES ESTABLISHED UNDER [$40.00] $50 8.04.070 DUPLICATE LICENSE TAG FEE ESTABLISHED UNDER 8.04.080 [$5.00] $10 REDEMPTION FEES (IMPOUND FEES) ESTABLISHED UNDER 8.04.140 AND 8.04.150 FOR A: Sterilized Animal upon a first impoundment during a 12 month period [$60.00] $65.00 upon a second impoundment during a 12 month period [$85.00] $90.00 upon a third impoundment during a 12 month period [$100.00] $110.00 upon a fourth impoundment during a 12 month period [$135.00] $150.00 upon subsequent impoundment during a 12 month period [$210.00] $230.00 t. L v.. N Unsterilized Animal upon a first impoundment during a 12 month period [$85.00] $95.00 upon a second impoundment during a 12 month period [$130.00] $145.00 upon a third impoundment during a 12 month period [$150.00] $165.00 upon a fourth impoundment during a 12 month period [$175.00] $200.00 upon subsequent impoundment during a 12 mo. Period [$225.00] $260.00 DEAD DOG, CAT AND SMALL HOUSEHOLD PET REMOVAL [$50.00] $75.00 FEES ESTABLISHED UNDER 8.04.195 DEAD WILDLIFE REMOVAL FEES ESTABLISHED UNDER 8.04.195 for removal & disposition of dead wildlife under 50 lbs. [$50.00] $75.001 for removal & disposition of dead wildlife 50 lbs. & over [$90.00] $125.001 BOARDING FEES FOR QUARANTINED OR IMPOUNDED ANIMALS ESTABLISHED UNDER 8.04.050 AND 8.04.150 Sterilized Animals Charge for boarding a sterilized dog per day [$20.00] $22.00 Charge for quarantining a sterilized dog per day [$30.00] $35.00 Charge for boarding a sterilized cat per day [$12.00] $14.00 Charge for quarantining a sterilized cat per day [$28.00] $30.00 Unsterilized Animals Charge for boarding an unsterilized dog per day [$32.00] $35.00 Charge for quarantining an unsterilized dog per day [$35.00] $40.00 Charge for boarding an unsterilized cat per day [$18.00] $21.00 Charge for quarantining an unsterilized cat per day [$32.00] $37.00 Animals other than dogs and cats that need to be boarded due to quarantine or impound shall be charged for said services at the same rate as those for cats for the status of the animal and category of services described. All veterinary fees associated with veterinary care provided to any animals in the Animal Services Agency's care pursuant hereto shall be directly recoverable as a charge pursuant to this ordinance. Payment is delinquent if not received within 60 days. In the event that payment is not received within 60 days, a delinquency charge equaling the amount of the invoice shall be assessed. For each additional month of delinquency, another twenty percent penalty charge shall be assessed. POTENTIALLY DANGEROUSNICIOUS DOG PERMITS ESTABLISHED UNDER 8.04.181 Potentially Dangerous the charge for annual record keeping [$125.00] $250.00 pursuant to 8.04.181(e)(15)(i) Vicious Dog the charge for annual record keeping pursuant to [$250.00] $500.00 8.04.181(e)(16)(i) 2 HOBBYIST & RANCH DOG FEES ESTABLISHED UNDER 8.04.245 & 8.04.246 Dog Hobbyist Permit the charge for issuance of each dog hobbyist [$125.00] $250.00 permit Ranch Dog Permit the charge for issuance of each ranch dog permit [$125.00] $250.00 The issuance of a dog hobbyist or ranch dog permit includes provision of an individual license for each dog harbored under the permit at no additional charge. EXHIBIT FEE & COMMERCIAL ANIMAL ESTABLISHMENT ESTABLISHED UNDER 8.04.230 AND 8.04.240 Animal Exhibition Fee the charge for timely processing of unwaived [$250.00] $500.00 exhibit fee Commercial Animal Establishment Fee for an annual permit & for [$200.00] $450.00 timely renewals Delinquency charge assessed for late renewal of an expired permit [$50.00] $75.00 Additional charge assessed for every calendar month of said [$40.00] $50.00 delinquency STRAY LIVESTOCK CHARGES ESTABLISHED PURSUANT TO 8.04.220 Equine and Bovine (over 6 mo.) charge for securing [$100.00] $200.00 and keeping (per day) [$40.00] $75.00 Equine and Bovine (6 mo. & under) & sheep, lamb, goat, hogs, etc. [$50.00] $100.00 charge for securing and keeping (per day) [$20.00] $30.00 Herding Fee the charge per hour or any fraction thereof for return of [$40.00] $100.00 an animal that has strayed All costs incurred by County in connection with such animals shall be a pass-through to the animal owner, including, but not limited to, the cost of herding, advertising, transporting, drugs, and veterinary services. SENIOR CITIZEN, BLIND OR DISABLED PERSON'S DISCOUNT ON SPECIFIED FEES PURSUANT TO 8.04.255 Dog license Fees (any duration) discount from listed fees 25% 25% discount discount * Increased fees denoted in bold font t Said removal and disposition fees shall be chargeable to the property owner where the dead wildlife is found. SECTION II. This ordinace shall be liberally construed to achieve its purposes and preserve its validity. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance and every section, subsection, sentence, clause or phrase thereof, 3 irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. SECTION III. Effective Date. This ordinance shall be and is hereby declared to be in full force and effect as of thirty (30) days from and after the date of its passage and shall be published once before the expiration of fifteen (15) days after its passage, with the names of the supervisors voting for and against the same in the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation published in the County of Marin. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin held on this day of , 2012, by the following vote: AYES: SUPERVISORS NOES: SUPERVISORS ABSENT: SUPERVISORS ATTEST: PRESIDENT, BOARD OF SUPERVISORS CLERK 4 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subj ect: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Manager Administrative Services Department Town Council Meeting June g, 2011 Agenda Item: P //-,Z Recommendation to Approve Fiscal Year 2012-13 Municipal Budget Plan and Related Resolution Attached you will find the proposed preliminary Municipal Budget for fiscal year 2012-13. Staff will provide a PowerPoint presentation for the Town Council and public at the meeting. Staff has held two meetings with the Town Council's Finance and Administration ad-hoc committee during the development of the proposed budget. Below provides summary highlights of the Municipal spending plan, which Staff will review in further detail at the meeting. ANALYSIS As presented, the overall total appropriation for FY 2012-13 is $16,239,761, which includes the Operating Budget, Capital Improvement Program, Debt Service and Capital Outlay. This is a decrease of approximately $2.18 million over the approved FY 2012-13 budget. This decrease is due to reduced spending in the Capital Improvement Program over last year. Operating Budget The Operating Budget, which provides for the annual ongoing costs of running the Town, is balanced and provides for a small surplus. The preliminary budget appropriates $8,809,500 in expenditures, which is 2.93% or $250,769 more than FY 2011-12. Operating revenues are projected to be $8,882,981, which is 3.86% or $324,250 more than FY 2012-13. Operating revenues consist of $7,262,739 in General Fund revenues, along with the use of other funding sources in the amount of $1,620,242. General Fund Operating expenditures are proposed at $7,189,258, which is a 3.46% or $240,255 increase over FY 2012-13. General Fund Operating Revenues are projected to increase 4.15% or $313,736 over FY 2011-12. The proposed Operating Budget expenditure plan represents a status quo budget over the current year's budget, but does provide for salary and benefit increases that have been negotiated by the Town's two largest groups of employees. It maintains the current level of services now being provided to the residents and businesses of the Town. The expenditure plan also reflects a new line-item in each department which provides repayment to the Town's General Fund Reserves for the payoff of the CalPERS side funds in late 2011. This repayment reflects the amount the Town would have had to pay towards retirement costs if the side funds were not retired. This expenditure line item will remain in future budgets until the Reserves have been repaid in full. The Operating Budget also appropriates the full equipment and technology depreciation allowances that were reduced to 80% in order to provide a balanced budget in FY 2011-12. Capital Improvement Program (CIP) The Capital Improvement Program consists of three categories: Streets, Drainage and Community Projects. The proposed CIP appropriates $6,418,500 in projects and is funded through General Fund Reserves, special assessments, grants and restricted fund revenues. The Public Works Director/Town Engineer will make a presentation on the proposed projects. The following narrative provides an overview of the larger components of the proposed CIP budget. Street Improvement Projects - The Streets Improvement Program totals $1,125,000. This is a larger than normal appropriation. The Del Mar Utility Underground District construction is drawing to a close, and the Town will be repaving or reconstructing the streets within the District. The Town has been aware of this eventual large street project and has "earmarked" sufficient funds over the past few years to complete this street project. Drainage Improvement Projects - A total of $100,000 is appropriated towards drainage improvement projects. Specific projects will be brought forward by the Town Engineer from the Drainage Master Plan program. Community Improvement Projects - By far the largest portion of the CIP, Staff is proposing $5,193,500 in appropriations for community improvements. Approximately $4.7 million of appropriations are carried over from the FY 2011-12 CIP budget. The larger projects include an appropriation of $2,215,000 million to construct a Recreation facility on Ned's Way; $1,250,000 to construct a formal parking lot along Tiburon Boulevard near Lyford Drive; and $1,200,000 for the completion of the Del Mar Utility District project. Debt Service The Town's debt service program consists of five bond issues, totaling approximately $11 million in outstanding principal. Each bond issue is paid by assessments levied against residential and commercial properties located within each assessment district. The Town acts as the fiduciary agency for the receipt of assessment revenues and subsequent payment of the bonds, and has no financial obligation to bond holders. Municipal Budget Re-Cap The operating budget is balanced, and provides a small surplus, as follows: Projected Revenues Projected Expenses Operating Surplus - $8,882,981 $8,809,500 $ 73,481 As proposed, the total budget for the Town is $16,239,761. The final budget document will be printed and circulated to all interested parties and posted on the Town's website. FINANCIAL IMPACT By approving the Resolution as presented, the Council is authorizing the level of expenses, within funds, for the 2012-2013 fiscal year. RECOMMENDATION Staff recommends that Council: 1. Hold a public hearing and after due consideration, 2. Move to approve the attached resolution adopting the Municipal Budget Plan for FY 2012-13 Exhibits 1. Preliminary Municipal Budget for Fiscal Year 2012-13 2. Resolution Adopting the Municipal Budget Plan for FY 2012-13 Prepared By: Heidi Bigall, Director of Administrative Services S ~J RESOLUTION NO. -2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON, ADOPTING A MUNICIPAL BUDGET PLAN FOR THE TOWN OF TIBURON FOR THE FISCAL YEAR ENDING JUNE 30, 2013 WHEREAS, the Town Council conducted a Public Hearing concerning the proposed Municipal Budget Plan for fiscal year 2012 at its regularly scheduled meeting on Tuesday, June 6, 2012; and WHEREAS, the Town Council now finds that the proposed Municipal Budget Plan, as estimated, provides for all appropriate municipal purposes and services with current fund(s) and resources and estimated revenues for fiscal year 2013; and NOW, THEREFORE, BE IT RESOLVED; that the proposed Municipal Budget Plan appropriates revenues and other sources of funds for expenditures associated with operations, capital outlays, capital improvements, and debt service, in the following amounts: Section 1. Operating Budget Program - The proposed Plan has sufficient resources to finance the planned expenditures: Revenues and Funding Sources $81882,981 Expenditures 8091500 Total Operating Net: $ 731481 Section 1 a. Operating Revenue Appropriation - Estimated Revenues and Sources of Funds for fiscal year 2012 GENERAL FUND Property Taxes $ 4,189,092 Other Taxes 1,080,925 Franchise Fees 5931587 Fines & Forfeitures 113,500 Investment Earnings 391500 Intergovernmental & Agency 45,500 Licenses & Permits 8101250 Charges for Services 290,600 Other Revenues 991785 Subtotal General Fund Revenues $7,2621739 OTHER FUNDING SOURCES Low/Moderate Housing Fund 24,725 Town Owned Housing Fund 6200 Page 1 of 5 Peninsula Library Agency 1,384,167 Police COPS/SLESF Fund 10000 Cypress Hollow Fund 16,750 Long Range Planning Fund 32,000 Total Revenues & Sources $ 8,8829981 Section lb. Operating Expenditures Appropriation - Planned Department expenditures for fiscal year 2012: AMOUNT ADMINISTRATION Town Attorney $ 2439121 Town Administration 968,646 Administration Building 199,300 Legislative 419500 COMMUNITY DEVELOPMENT Planning & Design Review $ 474,304 Building Inspection 5111460 Advanced Planning 32,000 POLICE Police Department $298681681 Police Building 64,300 PUBLIC WORKS Administration $ 30609 Streets Maintenance 479,616 Parks Maintenance 379,589 Street & Signal Light Maintenance 37,400 Corporation Yard 8400 Cypress Hollow 16,750 NON-DEPARTMENTAL Insurances & JPAs 629,852 Low-Moderate Income Housing 241725 Town Owned Housing 621600 Belvedere/Tiburon Library Agency 11384,167 Total Expenditures: $818091500 Page 2 of 5 Section 2. Capital Improvement Program -Sources of Funding for Planned Streets, Drainage and Community Development Improvements in fiscal year 2013: SOURCES PROJECTS Del Mar Assessment District 1120000 Infrastructure & Facility Fund 1,915,000 General Fund Public Works Corp Yard Reserve 50,000 Gas Tax Fund 101000 General Fund Streets & Drainage Reserve 99300 Drainage Impact Fund 10000 General Fund Open Space Management Reserve 25,000 Street Impact Fund 1,043,000 Measure "A" Funds 8600 City of Belvedere Contribution 30000 General Fund Park Development Fund 82,500 TAM Grant 31400 General Fund Unallocated Reserve 3009000 STREETS Resurfacing Engineering & Administration $ 11115,000 Traffic Safety Improvements 101000 Subtotal Streets Improvements $ 1,1251000 DRAINAGE Drainage Improvements 100,000 Subtotal Drainage Improvements $ 1001000 COMMUNITY DEVELOPMENT Del Mar Valley Utility Undergrounding 1120000 Sidewalk & Curb Ramps (ADA Compliance) 171000 Recreation Facility at Ned's Way 29215,000 Parking Improvements @ Tib. Blvd./Lyford Dr. 1,250,000 Downtown Vitalization Implementation Program 1001000 Downtown Vitalization Improvements 15000 Open Space Vegetation Clearance 259000 Way Finding Signage Program 509000 Public Works Corp Yard Improvements 501000 Racoon Lane Handrail Improvement 151000 Rehab Pedestrian Bridge on MUP near PD 101000 Railroad Marsh Vegetation Removal 409000 Street Light Replacement Shoreline Park 201000 Donahue Parking Lot Slurry Seal 71000 Elephant Rock Parking Lot Slurry Seal 7,000 Blackie's Pasture Restroom Upgrade 151000 Shoreline Park Rip-Rap 159000 Page 3 of 5 McKeQ-nev Green Turf Renovation 7.500 Subtotal Community Development Projects $5,193,500 1 Total Capital Improvements 1 $6,418,500 I $6,418,500 Section 3. Debt Service Program - Planned Debt Service and related expenses for special assessment, community facilities districts, and general obligation bond issues of the Town are as previously planned: BOND ISSUE AMOUNT Main Street Assessment District 39,312 Stewart Drive Assessment District 108,339 Lyford Cove Assessment District 373,347 Del Mar Valley Assessment District 2115113 Del Mar 2010 Supplemental Assessment 130,450 Total Debt Service $ 8629561 IT IS FURTHER RESOLVED that the Town Manager may make adjustments and activities within the budget provided that no increase or diminishment in salaries result other than that provided by the Town's Personnel System and Master Salary Program, or as authorized by the Town Council, and provided that no expenditure or encumbrance contingent on contract agreement, or other engagement requiring approval of the Town Council shall be made until such contract is first approved by the Town Council. Page 4 of 5 PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Tiburon on June , 2012, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 5 of 5 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Date: June 7, 2012 To: Mayor and Town Councilmembers (via Digest) From: Town Clerk Crane Iacopi Subject: Proclamation in Honor of Sam Chapman Attached is a copy of the proclamation presented by Mayor Fraser to the Chapman family at the June 6 Town Council meeting. z C~ Diane Crane Iacopi Town Clerk Attachment Town of Tiburon Proclamation In Honor of Sam Chapman Tiburon's Hometown Hero WHEREAS, Samuel Blake Chapman was born on April 11, 1916, to Katherine and Charles Chapman of Mar West Street in Tiburon, California; WHEREAS, Sam worked in his father's post office and general store in downtown Tiburon, attended the one-room Tiburon school, played baseball on a rail yard lot, and attended Tamalpais High School where he earned his letters in five sports; WHEREAS, Sam attended UC Berkeley where he was "All American" in both football and baseball, and, helped lead the 1937 Cal Bears football team to their last Rose Bowl win; and WHEREAS, Sam played professional baseball on Connie Mack's Philadelphia Athletics straight out of college, and in his first season hit 17 home-runs; WHEREAS, Sam hung up his cleats to aid the war effort becoming a Navy pilot and flight instructor from 1942 to 1945; WHEREAS, Sam returned to the Philadelphia Athletics after the war, playing in the 1946 All Star game, then went to the Cleveland Indians in 1951, and finally, ended his baseball career with the Pacific Coast League Oakland Oaks; WHEREAS, Sam was truly a "hometown hero," and has provided inspiration for generations of local youth; THEREFORE, I, Jim Fraser, Mayor of the Town of Tiburon, do hereby issue this proclamation on behalf of the Town in Honor of Sam Chapman. JIM FRASER, MAYOR June 6, 2012 n