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TC Agd Pkt 2013-01-16
TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon. Boulevard Tiburon, CA 94920 AGENDA Tiburon Town Council January 16, 2013 Regular Meeting - 7:30 p.m. TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Collins, Councilmember Doyle, Councilmember Fraser, Vice Mayor Fredericks, Mayor O'Donnell CLOSED SESSION ANNOUNCEMENT, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. INTRODUCTION OF NEW POLICE OFFICER Introduction of Police Officer Joshua Small (Chief Cronin) 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 December 5, 2012 meeting (Town Clerk Crane Iacopi) 2. Town Investment Summary - Accept investment report for December 2012 (Director of Administrative Services Bigall) 3. Vacancies on Town Boards and Commissions - Announce pending vacancies on Town Boards and Commissions in 2013 (Town Clerk Crane Iacopi) 4. Annual Development Fees Report - Adopt annual report on the status of the Town's Development Impact Fees pursuant to the California Government Code (Director of Community Development Anderson) 5. Completion of Del Mar Utilities Undergrounding Project - Adopt resolution and authorize filing of Notice of Completion (Director of Public Works/Town Engineer Nguyen) 6. Retirement of Police Officer Jerry Wachowiak- Adopt resolution commending Office Jerry Wachowiak for 26 years of service to the Town upon his retirement in December 2012 (Chief of Police Cronin) 7. Public Pedestrian Access Easement at 1600 Mar West Street - Recommendation to adopt a resolution of abandonment and a resolution of acceptance for minor realignment of a Public Pedestrian Easement over a portion of the Tiburon Peninsula Club Property located at 1600 Mar West Street; AP No. 58-171-76 (Director of Community 'Development Anderson) ACTION ITEMS 1. Gun Buy-Back Program - Consideration of request for financial participation in Marin County Gun Buy-Back Program scheduled for January 21 (Town Manager Curran) 2. Town Council Committee Appointments - Update Council Committee Appointments list to reflect revisions or new committee assignments in 2013 (Town Clerk Crane Iacopi) PUBLIC HEARINGS 1. 2013 Fee Schedules - Recommendation to adopt fee schedules for the Community Development Department &r Public Works Department (Director of Community Development Anderson) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digests -December 7,14 &r 21, 2012 • Town Council Weekly Digests -January 4 &t 11, 2013 ADIOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, xNTww.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. CC-- / TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, December 5, 2012, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Doyle, Fraser, Fredericks, O'Donnell Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Police Chief Cronin, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session and conducted three interviews, as follows: CLOSED SESSION - (6:45 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Govenunent Code Section 54956.9) Koffman v. Town of Tiburon ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Fraser said there was no action taken in closed session. ORAL COMMUNICATIONS Doug Patterson, representing the Southern Marin LaCrosse Club, spoke abut the lack of field space in Marin and the desire of the club to obtain access to McKegney Green. Mr. Patterson said that the LaCrosse season takes in the spring which would not conflict with the soccer season. He said that many community members were in both leagues and that the club would be willing to provide financial assistance to the Town for field maintenance [similar to the Tiburon Peninsula Soccer League]. DRAFT Town cil Minutes #23 -2012 December 5, 2012 Page 1 Mr. Patterson said that he had been informed by Town staff that the POST Commission was the appropriate venue to discuss the matter. He said he wished to inform the Council of the request and, if possible, expedite the discussion since POST would not meet again until January. Mayor Fraser said that Town staff had given him sound direction and encouraged him to pursue the matter through these channels. CONSENT CALENDAR 1. Town Council Minutes - Adopt Minutes of October 30, 2012 Special Meeting - Closed Session (Town Clerk Crane Iacopi) 2. Town Council Minutes - Adopt Minutes of November 7, 2012 Regular Meeting (Town Clerk Crane Iacopi) 3. Town Council Minutes - Adopt Minutes of November 12, 2012 Continued Meeting - Closed Session (Town Clerk Crane Iacopi) 4. Annual Appointments List - Adopt Annual List of Appointments made by Town Council in 2012 pursuant to state law (Town Clerk Crane Iacopi) 5. Public Works Corporation Yard Maintenance - Authorize award of contract for maintenance work at Corporation Yard in 2013 (Director of Public Works/Town Engineer Nguyen) 6. Amendment to Town Manager's Employment Agreement - Recommendation to approve the Fourth Amendment to Town's Manager's Employment Agreement (Town Attorney) 7. Amendment to Town Attorney's Employment Agreement - Recommendation to approve the Fifth Amendment to the Employment Agreement of the Town Attorney (Town Manager) 8. Cecilia Place Housing Agreement - Adopt resolution amending regulatory agreement with Ecumenical Association for Housing (EAH) for Cecilia Place Housing Project (Director of Community Development Anderson) 9. Dissolution of Redevelopment Successor Agency - Recommendation to Adopt a Resolution Terminating the Successor Agency to the Tiburon Redevelopment Agency (Town Attorney Danforth) MOTION: To adopt Item Nos. 1 through 9, as written. Moved: Collins, Fredericks Vote: AYES: Unanimous DRAFT Town Council Minutes #23 -2012 December 5, 2012 Page 2 ACTION ITEMS: REORGANIZATION OF TOWN COUNCIL 1. Remarks by Outgoing Mayor (Mayor Fraser) 2. Election of Mayor - Vice Mayor O'Donnell will take the Chair to receive nominations for the Office of Mayor and conduct the election. 3. Election of Vice Mayor - The Mayor-elect will conduct the election of Vice Mayor. 4. Town Council Comments - The Council may share any additional comments at this time. Mayor Fraser talked about what an honor it had been to serve as Mayor over the last year. He thanked the citizens of Tiburon for allowing him to serve on the Council. He commended the Town staff for always providing him with information enabling him to be well prepared. He thanked his colleagues for supporting him, noting that while they did not always agree, the Council had the ultimate respect and trust for each other. This attitude of "community first" made it a pleasure to serve, according to Fraser. The Council commended Mayor Fraser for his service, and especially for his leadership, his ability to act as a consensus-builder, and a gentleman. They noted his many accomplishments and his ability to weather controversies over the past year. Councilmember Fredericks spoke of his astute ability to review the municipal budget and ask questions that would make it more clear for the public. Mayor Sandra Donnell of Belvedere also commended Mayor Fraser and said what a pleasure it had been to work with him on project and committees over the past year. She presented him with a key to the City on behalf of the Belvedere Council. Councilmember Collins said he had served with Emmett on the Planning Commission, in addition to getting to know him over the past several years on the Council. He said he was well qualified to serve as Mayor. MOTION: To appoint Emmett O'Donnell as Mayor. Moved: Collins, Fredericks Vote: AYES: Unanimous In accepting the appointment, Mayor-elect O'Donnell thanked the Town staff, who he said received policy direction from the Council but were the ones who did "all the work". He also thanked his colleagues with whom he said he had the joy to spend time with over the last three years. He said they were all very smart and creative people and approached their job on the Council with great diligence. DRAFT Town Council Minutes #23 -2012 December S, 2012 Page 3 Mayor O'Donnell said that his father had once told him that he should always do something with "all his heart". He especially thanked his wife, Cindie, and son Kellen, for allowing him to spend the time in this endeavor. MOTION: To appoint Alice Fredericks as Vice Mayor. Moved: Doyle, Fraser Vote: AYES: Unanimous Vice-Mayor Fredericks graciously accepted the appointment. TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT Discussion of Meeting Recess (cancellation of December 19, 2012 regular meeting; January 2013 meeting schedule) The Council concurred with the Town Manager's recommendation to cancel the December 19 regular meeting as is tradition, as well as the January 2 meeting because, at this juncture, there were no items pending for the agenda. However, Curran noted that there are five weeks in January if the Council wished to hold a second meeting. WEEKLY DIGESTS • Town Council Weekly Digest - November 9, 2012 • Town Council Weekly Digest - November 16, 2012 • Town Council Weekly Digest - November 23, 2012 • Town Council Weekly Digest -November 30, 2012 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor-elect O'Donnell adjourned the meeting at 7:58 p.m. and invited everyone to his home for a celebration. EMMETT O'DONNELL, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #23 -2012 December- 5, 2012 Page 4 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Administrative Services Department -):4-- Subject: Investment Summary - December 2012 Reviewed By: BACKGROUND Town Council Meeting January 16, 2013 Agenda Item: CC-ct2 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 December 31, 2012. ANALYSIS December 2012 Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $1892909825.62 0.324% Liquid Fund (LAIF) Housing note to $ 8009000.00 0.378% Based on Town Manager Contract Money Market $ 1009000.00 0.20% Liquid Bank of Marin Note to Former $ 209029.26 5.55% June 1, 2017 Town Employee Total .«k.:<..:. , , . : ..'h ' e:..i' . : ..a, a $1992105854.88 ' ).b.. " . N. . The total funds invested at the end of the prior month were $17,760,954.48, or $1,449,900.40 less than the reporting month. The contributing factor to this increase was the first installment of property tax receipts that are normally received in December of each year. 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 December 2012 Prepared By: Heidi Bigall, Director of Administrative Services To: From: Subject: Reviewed ,By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting January 16, 2013 Agenda Item: CC-3 Announcement of Vacancies on Town Boards, Commissions & Committees 4 ' Town Council Resolution No. 16-2007 (Appointments Procedure) requires that the Mayor announce pending vacancies on Town boards, commissions and committees at the first regular meeting of the New Year. A notice is subsequently published in the Ark newspaper and posted at Town Hall and the Belvedere-Tiburon Library for the purpose of informing the public of these vacancies and to seek applicants to fill the positions. Commissioners whose terms are expiring in 2013 will be notified by the Town Clerk of their term expirations and asked whether they are interested in seeking reappointment. Due consideration will be given to incumbent commissioners, however, the Council is required to interview all new applicants, pursuant to Resolution No. 16-2007. An exception to this rule is for commissioners who have served terms of less than two years in duration; the Council is not required to interview new applicants for these pending vacancies, if the incumbent seeks reappointment to the position. The attached Notice of Current & Pending Vacancies itemizes all of the known vacancies to which the Council will make appointments in 2013. RECOMMENDATION Staff recommends that the Town Council: 1. Announce the pending vacancies in 2013 on Town boards, commissions and committees by adoption of this report on the Consent Calendar; 2. Direct staff to publish and post the notice of pending vacancies in accordance with Town policy. Exhibit: Notice of Pending Vacancies on Town Boards, Commissions & Committees as of January 2013 Prepared By: Diane Crane Iacopi, Town Clerk NOTICE OF CURRENT & PENDING VACANCIES On Town Boards, Commissions & Committees January 2013 PLANNING COMMISSION DESIGN REVIEW BOARD HERITAGE & ARTS COMMISSION BUILDING CODE APPEALS BOARD BELVEDERE-TIBURON JOINT RECREATION COMMITTEE LIBRARY AGENCY BOARD OF DIRECTORS The following vacancies on Town Boards, Commissions and Committees are current or pending in 2013. Pursuant to Resolution No. 16-2007, the Tiburon Town Council will conduct interviews of interested applicants beginning in February 2013. Current commissioners whose terms are expiring may seek re-appointment for another term; commissioners who have served terms of less than two years are eligible for automatic re- appointment. Most Town appointments are made for four-year terms, effective March 1. Other terms are stated in the agency's by-laws, for instance, the Belvedere-Tiburon Library Agency terms are for three years and expire at the end of June. Applicants should be residents of the Town of Tiburon and have the time, interest and desire to serve on the board or commission, including attendance at regular monthly meetings and other activities. Some commissions, such as the Heritage & Arts Commission, are comprised of residents of both Tiburon and Belvedere, or the Tiburon Peninsula. Applications can be obtained at Town Hall, 1505 Tiburon Boulevard, or from the Town's website, ii itw.ci.tiburon.ca.its (click on "Useful Forms"). You may also contact Town Clerk Diane Crane Iacopi at dcrane(ae ci.tiburon.ca.us (tel: 435-7377) for more information. TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES ON BOARDS, COMMISSIONS & COMMITTEES JANUARY 2013 PLANNING COMMISSION Appointee Appointed Term Expires • John Kunzweiler 2004;2005;2009 2/28/13 DESIGN REVIEW BOARD Appointee Appointed Term Expires • Greg Johnson September 2011 2/28/13* HERITAGE & ARTS COMMISSION Appointee Appointed Term Expires • Elizabeth Merrill June 2012 2/28/13* • Ric Postle April 2010 2/28/15 (resigned Dec. 2012) BUILDING CODE APPEALS BOARD Appointee Appointed Term Expires • Chuck Clemons April 2012 2/28/13* BELVEDERE-TIBURON JOINT RECREATION COMMITTEE Appointee Appointed Term Expires • Jane Jacobs 2008; 2011 2/28/13* • Jerry Riessen 1992; 1999; 2003;2007;2011 2/28/13* BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF TRUSTEES Appointee Appointed Term Expires • Beverlee Johnson 2007; 2010 6/30/13 *Eligible for automatic reappointment pursuant to Town Council Resolution No. 16-2007 for appointees who have served terms of 2 year of less. Courtesy Copies to: The Ark (for publication on January 23 & 30, 2013) The Mai-in Independent Journal Notice Posted at Tiburon Town Hall and Belvedere/Tiburon Library TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed by: BACKGROUND Mayor & Members of the Town Council Community Development Department Town Council Meeting January 16, 2013 Agenda Item: Cr l Annual Reporting of Development Impact Fees Pursuant to the California Government Code Similar to most cities and counties in California, the Town of Tiburon imposes public facilities fees on development projects during the approval process. Certain of these fees are categorized as "development fees" under Section 66000 et seq. of the California Government Code. Section 66006 of that code requires that specific data regarding development fees is made available to the public within 180 days following the end of each fiscal year, with a public meeting held on the matter at the next regularly scheduled meeting following release of the data. This report sets forth the required annual data reporting for the Town's development fee accounts for Fiscal Year 2011-2012, which closed on June 30, 2012. ANALYSIS The Town of Tiburon imposes four categories of fees that could qualify as development fees. These categories are 1) traffic impact fees 2) street impact fees 3) affordable housing in-lieu fees and 4) stormwater runoff fees. Park and recreation in-lieu fees, which the Town also collects, are not defined as development fees in the statute. Reporting data for each of the Town's development fee categories is shown below. Traffic Mitigation Funds Traffic mitigation fees have been collected by Town since at least 1980; the two current fee accounts were established in 1996, each addressing different portions of the Tiburon Planning Area. In March 2007, an updated Traffic Mitigation Fee Schedule based on projections from the Town's General Plan Tiburon 2020 went into effect. The Town Council received a mandatory five-year report on these funds in January 2012 and made findings regarding the future use of unexpended funds in these accounts; the next five-year review is scheduled for January 2017. The two traffic mitigation accounts and the required data for this annual report are as follows: Circulation System Improvement Fund (CSIF): This fund contains the collected exactions for construction of public traffic improvements in the incorporated portions of the Tiburon Planning Area. The fee varies depending on the location of the project in relation to intersections identified in the General Plan Circulation Element as requiring improvement. The fee varies from $0 per PM peak trip to $5,278 per PM peak trip. TIBURON CIRCULATION SYSTEM IMPROVEMENT FUND Fund Balance, July 1, 2011 Revenues: Fees Collected $5,603 Interest Income 123 TOTAL REVENUES Expenditures: $0 TOTAL EXPENDITURES Fund Balance, June 30, 2012 $28,054 $5,726 $33,780 In the adopted Fiscal Year 2012-13 budget, there are no expenditures identified from this account. No inter-fund loans or transfers occurred from this account for FY2011-12 and no refunds from this account were issued in FY 2011-12. Planning Area Mitigation Fund (PAMF): This fund contains the collected exactions for public traffic improvements in portions of the Tiburon Planning Area outside of the Town's corporate limits. The fee varies depending on the location of the project in relation to intersections identified in the General Plan Circulation Element for improvement. The fee varies from $0 per PM peak trip to $361 per PM peak trip. TIBURON PLANNING AREA MITIGATION FUND Fund Balance, July 1, 2011 $179,090 Revenues: Fees Collected $412 Interest Income $676 TOTAL REVENUES $1,088 Expenditures: $0 TOTAL EXPENDITURES $(0) Fund Balance, June 30, 2012 $180,178 The FY 2012-13 Town budget does not contain any expenditures from this account. Additional future projects to which these funds would be contributed include a merge/acceleration lane at the Tiburon Boulevard/Cecilia Way intersection and capacity improvements at the Tiburon Boulevard/Redwood Highway Frontage Road intersection. These improvements are set forth in the General Plan Circulation Element, but are likely to be at least five years away. The cost of these improvements will exceed funds available at this time. No inter-fund loans or transfers occurred in this account for FY2011-12 and no refunds from this account were issued in FY 2011-12. Street Impact Fund The street impact fee initially went into effect in July 1999. This fee partially off-sets the Town's costs of public roadway maintenance by assessing a fee of 1.0% (01) on the valuation of all building permits issued by the Town. A project with a $100,000 building permit valuation would therefore be subject to a street impact fee of $1,000. TIBURON STREET IMPACT FUND Fund Balance, July 1, 2011 $2,069,145 Revenues: Fees Collected $385,543 Interest Income $11,253 Refund/Reimbursement $0 TOTAL REVENUES $396,796 Expenditures: $254,119 TOTAL EXPENDITURES $(254,119) Fund Balance, June 30, 2012 $2,211,822 EXPENDITURES Projects completed FY 2011-12: Cost % from Fund Annual Pavement Management Program $493,853 51% Miscellaneous Projects $21,935 100% Total Projects FY 2011-12 $515,788 For FY 2012-13, the Town has identified in its adopted budget $1,043,000 in planned street improvement projects to be funded by the Street Impact Fund, primarily for resurfacing of streets in the Del Mar Utility Undergrounding District. These improvements are expected to be completed in FY 2012-13. The Town maintains a Pavement Management Program (PMP), which analyzes the condition of the Town's streets and suggests appropriate repair/replacement techniques based on this analysis. In 2006, the Town embarked on an aggressive program to eliminate its "failed" street segments, which will be successfully completed at the conclusion of the Del Mar work. The Town's overall Pavement Condition Index (PCI) now stands at 73, up from a PCI of 66 in 2006. The PCI is expected to rise further when several streets in the Del Mar Undergrounding District Project area are resurfaced in the current fiscal year. No refunds or transfers were issued from this account in FY 2011-2012. The Town Council received a mandatory five-year report on these funds in January 2010; the next such report will be due in January, 2015. Affordable Housing In-Lieu Fund This fee is collected either at the subdivision map or building permit stage, at the option of the developer. Its revenues are used for the design and construction of permanently affordable housing units or for other actions that would directly preserve, conserve, rehabilitate, or increase the supply of affordable units in the Tiburon Planning Area. The fee is calculated using a formula contained within Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. The formula contains several variables (such as interest rates) and the amount of the fee can vary over time depending on these variables. Generally, the in-lieu fee amount ranges from $425,000 to $475,000 for each required affordable unit that is not built, dependent upon prevailing interest rates and other variables at the time of calculation. A project creating 12 or more units or lots would be responsible to provide 20% affordable units or pay the resulting in-lieu fee. Projects that create 7 through 11 units would be responsible for providing 15% affordable units. Projects that create 2 through 6 new lots or units pay a prorated share of the in-lieu fee, for example, a 6- unit project would pay 0.9 of the in-lieu fee for an affordable unit not built. It is unclear whether affordable housing in-lieu fees are a "development fee" as defined in state law; however, the following information is public record. AFFORDABLE HOUSING IN-LIEU FUND Fund Balance, July 1, 2011 $1,135,979 Revenues: Sale of Town Owned Unit $0 Interest Income $9,047 TOTAL REVENUES $9,047 Expenditures: Bank Fees $774 Marin Housing JPA $21,528 Legal Expenditures $25,417 Homeward Bound $2,600 TOTAL EXPENDITURES $(50,319) Fund Balance, June 30, 2012 $1,094,607 The Town Council received a mandatory five-year report on these funds in January 2011 and another such a report is required in January 2016. For FY 2012-13 the Town has $24,725 in expenditures planned from the Affordable Housing In- Lieu Fund, primarily for Marin Housing Authority-related services and an annual contribution to the Homeward Bound program for homeless persons. Several affordable housing sites are identified in the Housing Element of the Tiburon General Plan, and as developers move forward with actual projects, the housing in-lieu funds collected will be expended toward affordable housing projects. No inter-fund loans or transfers occurred in this account for FY2011-12, and no refunds from this account were issued in FY 2011-12. Stormwater Runoff Fund The Town adopted a Stormwater Runoff impact fee in 2004 and began collecting fees in 2005. The stormwater impact fee helps recover the costs of upgrading the Town's public storm drain system to accommodate additional runoff caused by new construction. The fee is $1.00 per square foot of new impervious surface created by construction projects. The Town Council received a mandatory five-year report on these funds in January 2011; the next such report will be due in January, 2016. STORMWATER RUNOFF FUND Fund Balance, July 1, 2011 $138,874 Revenues: Fees Collected $34,762 Interest Income 278 TOTAL REVENUES $35,040 Expenditures: Storm Drainage Improvements $119,683 Railroad Marsh Maintenance $00 TOTAL EXPENDITURES $(119,683) Fund Balance, June 30, 2012 $54,231 For FY 2012-13 the Town has $100,000 in expenditures planned from the Storm Water Runoff Fund for culvert and storm drain repairs and other improvements identified in the Tiburon Storm Drain Master Plan, depending on funding availability. No inter-fund loans or transfers occurred in this account for FY2011-12, and no refunds from this account were issued in FY 2011-12. RECOMMENDATION Staff recommends that the Town Council accept the report. Prepared By: Scott Anderson, Director of Community Development y 100 )1 1,( : YR + TOWN OF TIBURON Town Council Meeting 1505 Tiburon Boulevard January 16, 2013 Tiburon, CA 94920 Agenda Item: To: From: Subject: ' Reviewed By: BACKGROUND Mayor and Members of the Town Council Department of Public Works Recommendation To Accept The Del Mar Valley Utility Undergrounding Project As Complete, And Authorize The Filing Of The Notice Of Completion For The Work On May 18, 2011, the Council authorized staff to advertise and seek bids for the construction of the project. The project was posted and advertised as required by the State of California's Public Contract Code. In addition to the required advertising notice, the Town sent notices inviting bids to construction trade publication plan rooms, and bids were opened on August 25, 2011. The contract was awarded to Bay Pacific Pipelines, Inc. on September 7, 2011 in the amount of $1,986,899.70, plus 15 percent for contingencies. Work consisted of the main utility joint trench construction, new facilities to replace overhead utility lines, service connection box installation within the right-of-way, minor paving, pavement re-striping, and appurtenant work. On September 19, 2012, Council had moved to amend the project budget by up to $290,065 to address unanticipated project costs, bringing the project budget including contingencies to $2,575,000. The work was substantially completed on November 1, 2012, and included 12 change orders for unforeseen items. Based on the work performed, material actually installed, and total change orders, the final construction project cost is $2,528,166.43, delivering the construction project within the amended project budget. This juncture of the project represents the completion of the Town-managed joint utility trench installation. It also represents the beginning of work for the three utility companies who have either started or have committed to start their wire installation work this January. They estimate completion by the end of summer. "I O'W ll C i~ ~ m.c:rt 1. '[cc t7 ~ FISCAL IMPACT Sufficient funds have been programmed in the FY 2012-13 year to cover the project under Capital Improvement Projects. RECOMMENDATION Staff recommends that the Town Council: Move to adopt a resolution accepting this project as complete and authorizing the Director of Public Works / Town Engineer to execute the Notice of Completion on behalf of the Town Council, and upon completion of the 35 day period, release the retention funds to the "contractor pending release of any stop notices or Town claims. Exhibits: Resolution Accepting the Del Mar Valley Utility Undergrounding Project, And Authorizing The Filing Of The Notice Of Completion For The Work. Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer RESOLUTION NO. -2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING THE DEL MAR VALLEY UTILITY UNDERGROUNDING PROJECT, AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR THE WORK WHEREAS, The Town Council budgeted funds in Fiscal Year 2012-13 to complete the proj ect; WHEREAS, Bay Pacific Pipelines, Inc. was awarded the contract on September 7, 2011 to perform the work; WHEREAS, The construction of the project was substantially completed under budget on November 1, 2012; and WHEREAS, The final construction cost, including payment of total quantities installed is $2,528,166.43. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: Section 1. The Town Council does hereby accept the construction of the Del Mar Valley Utility Undergrounding Project as complete by Bay Pacific Pipelines, Inc. Section 2. The Town Council authorizes the Director of Public Works / Town Engineer to execute the Notice of Completion and the Town Clerk to record the Notice of Completion. Section 3. The Town Council authorizes the Director of Public Works / Town Engineer to release the retention payment 35 days after the recordation date of the Notice of Completion, pending release of any stop notices or Town claims. PASSED AND ADOPTED at a regular meeting of the Town Council on the 16th day of January, 2013, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK 1/1 When recorded mail to: Town of Tiburon Diane Crane Iacopi, Town Clerk 1505 Tiburon Blvd Tiburon, CA 94920 SPACE ABOVE THIS LINE FOR RECORDER'S USE Town of Tiburon NOTICE OF COMPLETION OF IMPROVEMENT TO ALL PERSONS WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN for and on behalf of the Town of Tiburon, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 1" day of November, 2012, and accepted the 16th day of January, 2013; that the name, address and nature of the title of the party giving this notice is as follows: The Town of Tiburon, a municipal corporation, in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said Town and/or over which said Town has an easement; that said work or improvement is described as follows: The Del Mar Valley Utility Undergrounding Project and reference is hereby made for a further description thereof to the contract approved for said work or improvements now on file in the office of the Town Clerk of said Town, and said contract is hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is Bay Pacific Pipelines, Inc. I declare under penalty of perjury that the foregoing is true and correct. Executed at Tiburon, California, on TOWN OF TIBURON A Municipal Corporation By: 20 Nicholas T. Nguyen, P.E. Director of Public Works / Town Engineer 1/2 STATE OF CALIFORNIA COUNTY OF MARIN On this day of , 20 , before me, DIANE CRANE IACOPI, Notary Public, personally appeared Nicholas T. Nguyen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature DIANE CRANE IACOPI 2/2 TOWN OF TIBURON 1505 Tiburon Boulevard Mfr Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Police Chief Michael Cronin Town Council Meeting January 16, 2013 Agenda Item: Cc J' r Subject: Resolution Commending Officer Jerry Wachowiak upon his retirement following 26 years of service with the Town of Tiburon Reviewed By: BACKGROUND On December 12, 2012, Officer Jerome (Jerry) Wachowiak concluded 26 years of service to the Town of Tiburon and retired from public service. Officer Wachowiak has made an indelible impression upon the community and the department. RECOMMENDATION Staff recommends that the Town Council: 1. Adopt the resolution commending Officer Wachowiak for his twenty six years of service with the Town of Tiburon. Exhibits: Prepared By: Resolution Michael J. Cronin, Chief of Police TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION No. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING OFFICER EROMtE A.R. ACHOWIAK JR.. ON HIS RETIREMENT FOLLOWING 26 YEARS OF SERVICE TO THE TOWN OF TIBU ON WHEREAS, Jerome (Jerry) Wachowiak began his career as a Police Officer with the Town of Tiburon on November 24, 1986 and has served the people of Tiburon in a variety of assignments as a patrol officer, field training officer, range master, defensive tactics instructor, DARE instructor and department armorer; and WHEREAS,, Jerry's greatest legacy will be the lasting, positive impression he made on the lives of many, many of the communities' children in his role as the department's DARE Officer, a position he served in for 20 years; and WHEREAS., Jerry's consistent demonstration of maturity and sound decision making was reflected in a style of policing that matched the expectations of the Town Council and the community and set an example for co-workers; and WHEREAS, Jerry's warmth, pleasant demeanor and calm approach to policing borne of his many years of experience and lifelong desire to help others, made a substantial, positive contribution to the public perception of the police department; and WHEREAS.. Jerry's commitment to the highest principles of police service to the Town of Tiburon is amply documented in many letters of appreciation from business leaders, residents, and visitors alike and commendations from supervisors; and Now THEREFORE., the Town Council of the Town of Tiburon does hereby heartily commend, congratulate and thank Jerome A. R. Wachowiak, Jr. for his 26 years of outstanding service to the Town of Tiburon, its residents and visitors. PASSED AND ADOPTED at the Town Council on January 16, 2013 by the following vote, to wit: AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK To: From: Mayor and Members of the Town Council Community Development Department Town Council Meeting January 16, 2013 Agenda Item: cc-:7 Subject: Recommendation for Minor Realignment of a Public Pedestrian Access Easement over a Portion of the Tiburon Peninsula Club Property located at 1600 Mar West Street; Assessor Parcel Number 58-171-76 Reviewed Bv: BACKGROUND In 2007, the Town accepted an easement from the Tiburon Peninsula Club (TPC) for purposes of formalizing and re-establishing a pedestrian trail that would connect Teather Park to the TPC. In 2012, a central portion of the easement was slightly re-aligned to provide a more easily traversable path and the pathway was installed. During the final stages of construction, TPC identified and created a superior alignment for the final 35 feet or so of the easement that would keep trail users out of its parking lot area and connect them to Mar West Street more quickly and directly. TPC (with Town staff approval) subsequently installed the final improvements associated with the minor realignment, and is now offering that realigned portion to the Town as an easement for public access purposes. The unused portion of the earlier through the TPC parking lot would be abandoned. The Town Attorney has reviewed the draft easement documents and found them acceptable. Town staff finds the minor realignment of the easement to be superior to the original alignment. The improvements are in place and the easement is open to public use. FINANCIAL IMPACT Staff foresees no financial impact to the Town from acceptance of this minor realignment. RECOMMENDATION Staff recommends that the Town Council adopt the Resolutions. EXHIBITS 1. Draft Resolution of Abandonment 2. Draft Resolution of Acceptance (with Form of Grant of Easement and Agreement attached) Prepared By: Scott Anderson, Director of Community Development 444 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 RESOLUTION NO. XX-2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ABANDONING A PORTION OF A SIX (6) FOOT WIDE EASEMENT FOR PUBLIC RECREATIONAL ACCESS PURPOSES OVER PROPERTY LOCATED AT 1600 MAR WEST STREET (ASSESSOR PARCEL NUMBERS 058-171-17 AND 058-171-76) WHEREAS, in February 2005 the Town of Tiburon Planning Commission adopted Resolution No. 2005-02 approving a conditional use permit authorizing the expansion and renovation of the Tiburon Peninsula Club private recreational facilities located at 1600 Mar West Street. Condition No. 10 of Resolution No. 2005-02 required the conveyance of an easement for public access purposes across a portion of the Tiburon Peninsula Club property, said Property being described in Exhibit "A", attached hereto and incorporated herein; and WHEREAS, on June 8, 2006, the Town of Tiburon and the Tiburon Peninsula Club entered into an Easement Agreement establishing, among other things, the general alignment of the easement and timing of offer and acceptance, said Easement Agreement being recorded as serial number 2006-0036668 in the Official Records of Marin County; and WHEREAS, pursuant to the terms of the Easement Agreement, the Tiburon Peninsula Club offered the grant of public access easement, executed on May 29, 2007, to the Town of Tiburon for acceptance, and said easement was accepted June 6, 2007 by adoption of Resolution No. 24-2007 and recorded on June 21, 2007 as Serial Number 2007-0038631 of Official Records of the County of Marin; and WHEREAS, in March 2012, the Town Council concluded that a realignment of a portion of the easement would provide a more easily traversable pathway, and the property owner (Tiburon Peninsula Club) consented to the realignment and offered a new grant of easement ("2012 Easement") for the realignment, which was accepted on March 75 2012 and recorded on March 16, 2012 as Serial Number 2012-0016714; at that same time the Town Council abandoned the prior 2007 easement alignment by Serial Number 2012-0016713; and WHEREAS, the Tiburon Peninsula Club has indicated its desire to relocate and replace a portion of the 2012 Easement (near its northern terminus at Mar West Street) with a realigned easement portion, and has prepared the necessary survey and documentation and installed the necessary improvements to make the realigned portion of the easement acceptable for public use; and Tiburon Town Council Resolution No. XX-2013 --1--12013 -7~T III~I'~ NO. WHEREAS, the Town Council has, by adoption of Resolution No. XX-2013 on , 2013, accepted a grant of easement ("2013 Easement") for public access purposes over the Property that would replace and realign the 2012 Easement; and WHEREAS, the Town Council has determined that there are no other public facilities located within the portion of the easement to be abandoned and that the 2013 Easement accepted from the Tiburon Peninsula Club by Resolution No. XX-2013 will replace and improve upon that portion of the 2012 Easement and render it obsolete, excess, and superseded by relocation; on that basis the Town wishes to formally vacate and abandon that portion of the 2012 Easement pursuant to California Streets and Highways Code, Division 9, Part 3, Chapter 4, Section 8300 et seq. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon Town of Tiburon does hereby vacate, abandon and extinguish the rights for public access purposes over that portion of the Property at 1600 Mar West Street as particularly described in attached Exhibit "B" and as graphically depicted for illustrative purposes on attached Exhibit "C", both Exhibits being attached hereto and incorporated herein. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2013 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Exhibit "A": Legal Description of 1600 Mar West Street (TPQ Property Exhibit "B": Legal Description of Easement Portion Being Abandoned Exhibit "C": Illustrative Graphic of Easement Portion Being Abandoned Tiburon Town Council Resolution No. XX-2013 --1--12013 Exhibit "A" All that certain real property situate in the Town of Tiburon, County of Marin, described as follows : Beginning at the Northeasterly corner-of the parcel. of land described in the Deed to the San Francisco and San Rafael .Railroad Company, recorded September 7, 1892 in Book 21 of Deeds at Page 221, Marin County Records; thence running along .the Northerly line of said parcel North 890 36' 40" West 943.51 feet to the intersection thereof with the Northeasterly line of the "Fifth Tract" of the Deed. to the San Francisco and San Rafael Railroad Company recorded, July 22, 1886 in Book 3 of Deeds at Page 487, Marin County Records; thence Northwesterly.along said last mentio.ned line to the intersection thereof .with the -Southeasterly fine of the parcel of land described in the Deed to County of Marin recorded January .2, 1966 in Book 2016 of Official Record at Page 133, Marin County Records; thence Northeasterly along `the Southeasterly line to the. intersection* thereof with.the Southeasterly line of Mar West. Street; thence. along said line of Mar West Street Northeasterly, Easterly;. Southeasterly, Southwesterly and Southerly to the Northeasterly line of the "Fifth Tract" of the afore' entloned Deed to the San Francisco and San Rafael Railroad Company,. recorded July'22, 1886 in Book 3 of Deed at Page 487, Marin County Records;-thence along said Northerly fine, Northwesterly 50 feet, more or less, to the Easterly line of the aforementioned Deed.to.The San Francisco and San Rafael Railroad, recorded September 7, 1892 in Book'21 'of Deed -at Page 221,.Marin County Records; thence along said Easterly fine, North 180 51'40" West 117.46 feet, North . 11 ° 23' 20" East 99.00 feet and North 370 38' 20" East, 124.74 feet to the point of beginning. Excepting therefrom that portion thereof described in the Deed to the Town of Tiburon, recorded January 8, 1985 as instrument No. 85 00732, Marin County Records. TOGETHER WITH all that certain real property situate in the Town "Of Tiburon, County- w of Marin, described as follows: Beginning at a 3/a" .iron pipe survey monument located at the Northerly.corner of Lot 10 as said lot and monument are shown.on the hereinabove referenced map; said -point of beginning also being the Northerly corner of,a 7,835 acre parcel described in-Book 21 of Deeds at Page 221, Marin County Records; thence from said point of-beginning along the Northerly property line of said Lot 10, North 89" 36' 40" West, 181.53 feet to a point; thence leaving said Northerly property line of Lot 10, South 46" 29' 17'` East, 145.26 feet to a point on the Easterly property line of said Lot 10; thence from said point along said Easterly property fine, North 370 38' 20" East, 124.74 feet to the point of beginning. Legal Description of AbandonedNacated Portion of Six-foot Wide Path Easement EXHIBIT "B" ALL THAT REAL PROPERTY located in the Town of Tiburon, County of Marin, State of California, being a portion of that certain strip of land being six-feet (6') in width and designated as a Public Recreational Access (Path) Easement as recorded by a Town of Tiburon Easement, Agreement and Resolution recorded by Document Number 2012- 0016714 in the Records of Marin County, and being that portion of said Path Easement situated within the Lands of Southern Marin Recreation Center, Inc, having the Assessor's Parcel Number 058-171-76, and described in the Quitclaim Deed recorded February 6, 1952 in Book 728 O.R. at Page 326, records of said County, said portion of the 6-foot path easement to be Abandoned and Vacated lying three feet (3') on both sides of the following described centerline: Beginning at a point on the northerly line of the said Southern Marin Recreation Parcel, and the southwesterly right-of-way line of Mar West Street, said Point of Beginning for the herein described Strip of Land being the north end of Course #16 and the Point of Terminus thereof, all of which being shown on Exhibit "C" and Exhibit "D" of said recorded Path Easement identified above, thence along said Centerline of said Easement the following four (4) courses and distances: 1.) South 22° 33' 02" East, 12.61 feet; thence, 2.) South 37° 33' 53" East, 79.77 feet to a point of tangent intersection with a circular curve; thence, 3.) 67.34 feet along the Are of said circular curve to the right, having a Radius of 262.00 feet, a Central Angle of 14° 43' 35" and a Long Chord which bears, South 30° 12'07" East, 67.15 feet; thence, 4.) South 54° 36'59" East, 51.69 feet to the Point of Terminus for the herein described portion of the Path Easement being abandoned and vacated. The sidelines of the easement being lengthened or shortened to terminate at the existing parcel/easement lines. End of Description Together with Exhibit C - Section of Path Easement to be Abandoned, attached hereto and made a part hereof. SURVEYOR'S STATEMENT: The foregoing Legal Description was prepared by the undersigned Professional Land Surveyor, and is based entirely on recorded maps and record property data as referenced herein and the alignment of the path easement as described is based on a field survey of the existing route and are true and a ~e best of my knowledge and belief. SAN Q SU t~ N 2 d i 3 Q-) KEVIN M. WGUIRE o~ Kevin McGuire, CA P . L. S. # 6437 Date Quiet River Land Services, Inc. (925) 734-6788 Exp. (Z - 3 t • Zo I No. 6437 ~ O F C A~-~~~ S22'33'02"E 12.61' POINT OF BEGINNING FOR SECTION TO BE ABANDONED s ~ >~ss~ IPA CENTERLINE OF EXISTING 6' WIDE PATH EASEMENT TO BE ABANDONED R=262.00' A-1443'35" L=67.34' CHORD: S30'12'07"E 67.15' S~s9`. N SCE: 1" = 60' 60 40 20 0 60 POINT OF TERMINUS FOR SEC11ON TO BE ABANDONED RIGHT--OF-WAY LINE CENTERLINE OF EXISTING 6' WIDE PATH EASEMENT TO REMAIN TOWN OF TIBURON EASEMENT, AGREEMENT do RESOLUTION OF ACCEPTANCE DOCUMENT #2012-0016714 SOUTHERN MARIN RECREATION CENTER INC. 058-171-76 NQ oO& 8 O.R. 326 KEVIN M. WGUIRE 0 Exp. 12 -3t- 2cx K101. 637 jffl~, o . F C N~ N89 36'40"W TIBURON PENINSULA CLUB PTN. LOT 10 (19 M 4) JETRTVER "w-Land Services Inc.19 11501 Dublin Boulevard, Suite 200 Dublin, CA 94568 W r N O O N N 0 z MATCH UNE L 12.31' EXHIBIT "C" - SECTION OF PATH EASEMENT TO BE ABANDONED MAR WEST PATH EASEMENT MAR WEST STREET TOWN OF TIBURON MARIN COUNTY CALIFORNIA TBPC1201 DRN. BY: MAS CHK. BY. KMM DATE: 01 /08/13 .0 y'y~b O .4j'` ry1 PAGE 1 OF 2 SOUTHERN MARIN RECREATION CENTER INC. MATCH LINE 058-171--76 0 co 728 O.R. 326 CENTERLINE OF EXISTING 6' WIDE PATH EASEMENT TO REMAIN cv Scy TOWN OF TIBURON EASEMENT, AGREEMENT co ° & RESOLUTION OF ACCEPTANCE z DOCUMENT #2012-0016714 N89'36'40"W 12.31' TIBURON PENINSULA CLUB Cj• PTN. LOT 10 (19 M 4) 1 Q" RIGHT-OF-WAY N26'1 1'00"E LINE 17.06' N40'47'25"E 'Cj 27.57' QQ-`~.~ ,5k. oy~4' o TOWN OF TIBURON PTN. LOT 10 (19 M 4) o >kQ ,~•2~ J 6 y© rn 4• 3 N36'08'56"Ei 0 31.60' ^c CENTERLINE OF EXISTING N o 6' WIDE PATH EASEMENT TO CD REMAIN TOWN OF TIBURON . EASEMENT, AGREEMENT & RESOLUTION OF ACCEPTANCE DOCUMENT #2012--0016714 R=1960.10' L=6.53' a=00'11'28" CHORD: \S64'37'S9"E 6.53' LOT 9 (19 M 4) RESIDENTIAL N09'35'07"E cr, 42.45' t~ N39'06'43"E N12'16'26"W rn 25.52' NOV 6'32"E 33.17' 96 r SCE: i" = 50' 50 25 0 50 TOWN OF TIBURON LOT 8 (19 M 4) ME T- RIVER lairLand Services Inc. 11501 Dublin Boulevard, Suite 200 Dublin, CA 94568 EXHIBIT "C" - SECTION OF PATH EASEMENT TO BE ABANDONED MAR WEST PATH EASEMENT MAR WEST STREET TOWN OF TIBURON MARIN COUNTY CALIFORNIA TBPC1201 DRN. BY: MAS CHK. BY: KMM DATE: 01/08/13 PAGE 2 OF 2 RESOLUTION NO. XX-2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING A RELOCATED PORTION OF AN EASEMENT FOR PUBLIC RECREATIONAL ACCESS PURPOSES OVER PROPERTY LOCATED AT 1600 MAR WEST STREET (ASSESSOR PARCEL NUMBERS 058-171-17 AND 058-171-76) WHEREAS, in February 2005 the Town of Tiburon Planning Commission adopted Resolution No. 2005-02 approving a conditional use permit authorizing the expansion and renovation of the Tiburon Peninsula Club private recreational facilities located at 1600 Mar West Street. Condition No. 10 of Resolution No. 2005-02 required the conveyance of an easement for public access purposes across a portion of the Tiburon Peninsula Club property; and WHEREAS, on June 8, 2006, the Town of Tiburon and the Tiburon Peninsula Club entered into an Easement Agreement establishing, among other things, the general alignment of the easement and timing of offer and acceptance, said Easement Agreement being recorded as serial number 2006-0036668 in the Official Records of Marin County; and WHEREAS, pursuant to the terms of the Easement Agreement, the Tiburon Peninsula Club offered the grant of public recreational access easement, executed on May 2% 2007, to the Town of Tiburon for acceptance, and said easement ("2007 Easement") was accepted June 6, 2007 by adoption of Resolution No. 24-2007 and recorded on June 21, 2007 as Serial Number 2007-0038631 of Official Records of the County of Marin; and WHEREAS, in March 2012, the Town Council concluded that a realignment of a portion of the easement would provide a more easily traversable pathway, and the property owner (Tiburon Peninsula Club) consented to the realignment and offered a new grant of easement ("2012 Easement") for the realignment, which was accepted on March 7, 2012 and recorded on March 16, 2012 as Serial Number 2012-0016714; at that same time the Town Council abandoned the prior 2007 easement alignment by Serial Number 2012-0016713; and WHEREAS, the Tiburon Peninsula Club has indicated its desire to relocate and replace a portion of the 2012 Easement (near its northern terminus at Mar West Street) with a realigned easement portion, and has prepared the necessary survey and documentation, offered the grant of easement to the Town for public acceptance, and installed the necessary improvements to make the realigned portion of the easement acceptable for public use; and 1 Tiburon Town Council Resolution No. XX-2013 --1--12013 NATO. WHEREAS, the Town Council has reviewed and found acceptable, and to the public benefit, the realigned easement portion being offered for acceptance by the Tiburon Peninsula Club for public access purposes; and WHEREAS, the Town Council has concluded that the realigned easement portion is not located in an environmentally sensitive area and that the acceptance of the relocated easement is exempt from the requirements of the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon Town of Tiburon hereby accepts the grant of easement, authorizes the Town Manager to execute the Grant of Easement and Agreement, a form of which is attached hereto as Exhibit 1, and directs the Town Clerk to record it with the Office of the Marin County Recorder together with a certified copy of this Resolution. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2013 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS : EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Exhibit 1: Form of Grant of Easement and Agreement. Tiburon Town Council Resolution No. XX-2013 --1--12013 Recording Requested by: Diane Crane Iacopi Town Clerk of the Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 No fee; this document is for the benefit of the Town of Tiburon GRANT OF EASEMENT AND AGREEMENT This Agreement is dated , 2013, and is by and between the Southern Marin Recreation Center, Inc., a California Corporation doing business as the Tiburon Peninsula Club, ("Grantor"), and the Town of Tiburon, a municipal corporation ("Grantee.") Recitals 1. Grantor is the owner of real property situated in the Town of Tiburon, Marin County, California, said real property being described in attached Exhibit "A" ("Servient Tenement"). 2. Grantee is the owner of certain real property immediately adjoining Grantors' property, commonly known as Teather Park/Beach Road Tennis Court Lot ("Dominant Tenement"). The Dominant Tenement is more particularly described in Exhibit "B". 3. In February 2005 the Town of Tiburon Planning Commission approved a conditional use permit authorizing the expansion and renovation of improvements on the Servient Tenement, subject to the condition that the Grantor conveys an easement for public access purposes across a portion of the Servient Tenement. The Grantor offered the grant of public access easement the Grantee and said easement was accepted June 6, 2007 by adoption of Town Council Resolution No. 24-2007 and recorded on June 21, 2007 as Serial Number 2007-0038631 of Official Records of the County of Marin. 4. In 2012, Grantee's staff determined realignment of the recorded easement would provide a more easily traversable pathway. Grantor and Grantee therefore entered into a Grant of Easement and Agreement to implement the easement realignment, said document being recorded on March 16, 2012 as serial number 2012-0016714 of Marin County Records. 5. Grantor is now requesting a realignment of the final segment of the easement at its northern terminus at Mar West Street in order to provide a more direct route to Mar West Street and to avoid potential pedestrian/vehicular conflicts in the Tiburon Peninsula Club parking area. Grantor would convey a new six (6) foot wide easement ("2013 Grant") to accommodate the realignment of the northernmost easement segment on the condition that the Grantee abandons the segment of the 2012 easement alignment that would be replaced by the 2013 Grant. Grantee has agreed to abandon aforementioned 2012 easement segment. NOW, THEREFORE, the parties agree as follows: 1. Grant: For valuable consideration, Grantor hereby grant to Grantee an easement as hereinafter-described ("Easement"). 2. Description and Use of Easement: The Easement is for the purpose of a pedestrian recrdational trail ("Trail") connecting Mar West Street, a public street, to the Dominant Tenement across the Servient Tenement. 3. Location: The location of the Easement is described on Exhibit "C" and graphically depicted on Exhibit "D". 4. Character of Easement; Grantor's responsibilities: The Easement shall be appurtenant to the Dominant Tenement. Notwithstanding the foregoing, the Grantor shall not be responsible for maintaining the Trail. Upon request by Grantor and with reasonable notice, Grantee will provide Grantor access through and over the easement when necessary for repairs and/or maintenance of facilities, including but not limited to tennis courts and drainage facilities. 5. Secondary Easements: The Easement includes incidental rights of maintenance, repair, and replacement of the Trail, including, without limitation, the right to go upon Grantor's property with necessary equipment to enhance, maintain and repair the Trail. 6. Indemnification: Grantee shall hold harmless, indemnify and defend Grantors from any claim, lawsuit or liability involving the construction of the Trail or its subsequent use by the public. 7. Entire Agreement: This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 8. Binding Effect: This instrument shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee. 9. Exhibits: This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: 2 Exhibit "A": Servient Tenement Legal Description Exhibit "B": Dominant Tenement Legal Description Exhibit "C": Easement Legal Description Exhibit "D": Easement Graphic Depiction Executed on , at Tiburon, Marin County, California IN WITNESS WHEREOF, the Grantor has subscribed his name this day of 92013. GRANTOR: SOUTHERN MARIN RECREATION CENTER, INC d.b.a. TIBURON PENINSULA CLUB By: Mike Tierney President of the Board of Directors By: Tami Pias Lee Secretary of the Board GRANTEE: TOWN OF TIBURON, a Municipal Corporation By: Margaret A. Curran, Town Manager APPROVED AS TO FORM: Ann Danforth, Town Attorney 3 Exhibit "A" All that certain real property situate in the Town of Tiburon, County of Marin, described as follows : Beginning at the Northeasterly corner of the parcel. of land described in the Deed to the San Francisco and San Rafael Railroad Company, recorded September 7, 1892 in Book 21 of Deeds at Page 221, Marin County Records; thence running along the Northerty'line of said parcel North 890 36' 40" West 943.51 feet to the intersection thereof with the Northeasterly line of the "Fifth Tract" of the Deed. to the. San Francisco and San Rafael Railroad Company recorded July 22, 1886 in Book 3 of Deeds at Page 487, Marin County Records; thence Northwesterly .along said last mentioned line to the intersection thereof with the-Southeasterly lin-e of the parcel of land described in the Deed to' County of Marin recorded dal nuary.2, 1966 in Book 2016 of Official Record at Page 133, Marin County Records; thence Northeasterly along "the Southeasterly line to the. intersection' thereof with.the Southeasterly line of Mar West Street; thence. along said line of Mar West Street Northeasterly, Easterly;- Southeasterly, Southwesterly and Southerly to the Northeasterly line of th.e "Fifth Tract" of the aforementioned Deed to the San Francisco and San Rafael Railroad Company,. recorded July'22, 1886 in Book. 3 of Deed at Page 487, Marin County Records;-thence along said Northerly line., Northwesterly 50 feet, more or less, to the Easterly line of the aforementioned Deed to.The San Francisco and San Rafael Railroad, recorded September 7, 1892 in Book 21 *of Deed -at Page 221,' Marin County Records; thence along said Easterly line, North 180 51'40" West 117.46 feet, North. 11 ° 23' 20" East 99.00 feet and North 371 38' 20" East, 124.74 feet to the point of beginning. Excepting therefrom that portion thereof described in the Deed to the Town of Tiburon, recorded January 8, 1985 as Instrument-No. 85 00732, Marin County Records. TOGETHER WITH all that certain real property situate in the Town -of Tiburon, County of Marin, described as follows: Beginning at a 3/4" iron pipe survey monument located at the Northerly.corner of Lot 10 as said lot and monument are shown on the hereinabove referenced map; said point of beginning also being the Northerly corner of a 7,835 acre .parcel described in-Book 21 of Deeds at Page 221, Marin County Records; thence from said point of beginning along the Northerly property line of said Lot 10, North 89° 36'40" West, 181.53 feet to a point; thence leaving said Northerly property line of Lot 10, South 4611 29' 17 East, 145.26 feet to a point on the Easterly property line of said Lot 10; thence from said point along said Easterly property line, North 3710 38'20" East, 124.74 feet to the point of beginning. Exhibit "B" ALL THAT CERTAIN real property situate in the Town of Tiburon, County of Marin, State of California, described below as follows: Lot 8, as shown on that certain map entitled "Point Tiburon", filed for record on February 16, 1984 in Volume 19 of Maps at page 4 in the Office of the Recorder, Marin County, California. Legal Description of New Section of Six-foot Wide Path Easement EXHIBIT "C" ALL THAT REAL PROPERTY located in the Town of Tiburon, County of Marin, State of California, being a strip of land having a uniform width of six feet (6') intended to re- align and replace a small section of an existing six-foot (6') Public Recreational Access (Path) Easement as recorded by a Town of Tiburon Easement, Agreement and Resolution recorded in Document Number 2012-0016714 in the Records of Marin County, said new section of the six-foot Path Easement being situated within the Lands of Southern Marin Recreation Center, Inc., having the Assessor's Parcel Number 058-171-76, and described in the Quitclaim Deed recorded February 6, 1952 in Book 728 O.R. at Page 326, records of said County and lying three feet (3') on both sides of the following described centerline: Beginning at the northerly end of that certain centerline mathematical course identified as #12 in the said recorded Path Easement Document, North 06° 20' 37" East, 264.02 feet and proceeding thence, North 12° 11' 32" East, 9.05 feet; thence, North 25° 47' 50" West, 30.95 feet to the Point of Terminus for the herein described New Section of six foot Path Easement, said point being on the northerly line of the said Southern Marin Recreation Parcel, and the southwesterly right-of-way line of Mar West Street, as said Street is shown on said recorded Path Easement. The sidelines of this easement being lengthened or shortened to terminate at the existing parcel and/or easement lines. End of Description Together with Exhibit D - New Section of Path Easement attached hereto and made a part hereof SURVEYOR'S STATEMENT: The foregoing Legal Description was prepared by the undersigned Professional Land Surveyor, and is based entirely on recorded maps and record property data as referenced herein and the alignment of the path easement as described is based on a field survey of the existing route and are true and accurate to the best of my knowledge and belief. ZD Date LAND _V ' KEVIN A-1. MCGUIRE _1j . Exp. ~ 2 3 t 20 ~ E No. 6437 ~ . ~I 1 Quiet River Land Services, Inc. (925) 734-6788 D sv RIGHT-OF-WAY LINE KEVIN M. MrG IRE o~ \ 140 Exp. f 2 -~(Zdiq N0. 6437 S CENTERLINE OF EXISTING 6' WIDE \ .,~4N. e-0~ 3 PATH EASEMENT \ TO BE ABANDONED \ POINT OF TERMINUS POINT OF BEGINNING FOR NEW PATH EASEMENT CENTERLINE OF EXISTING 6' WIDE PATH EASEMENT TO REMAIN TOWN OF 11BURON EASEMENT, AGREEMENT & RESOLUTION OF ACCEPTANCE DOCUMENT #2012-0016714 SOUTHERN MARIN RECREATION CENTER INC. 058-171-76 728 O.R. 326 TIBURON PENINSULA CLUB PTN. LOT 10 (19 M 4) J:UIET R I V E110% and Services Inc."_ 11501 Dublin Boulevard, Suite 200 Dublin, CA 94568 MATCH LINE yyb~ o b ti ~ ^ry ~ w r N p M W N N to 0 z 12.31' N25'47'50"W 30.95' N12*11'32"E 9.05' EXHIBIT "D" - NEW SECTION OF PATH EASEMENT MAR WEST PATH EASEMENT MAR WEST STREET TOWN OF 11BURON MARIN COUNTY CALIFORNIA TBPC1201 DRN. BY. MAS CHK. BY. KM--M-FD-ATE: 01/08/13 SCALE: 1" = 60' 60 40 20 0 60 - - PAGE 1 OF 2 SOUTHERN MARIN RECREATION CENTER INC. MATCH LINE 058-171-76 o w 728 O.R. 326 CENTERLINE OF EXISTING 6' WIDE co -`o PATH EASEMENT TO REMAIN `q b TOWN OF TIBURON EASEMENT, AGREEMENT Co & RESOLUTION OF ACCEPTANCE Z DOCUMENT #2012-0016714 N89'36'40"W 12.31' TIBURON PENINSULA CLUB PTN. LOT 10 (19 M 4) •~A • ~Q` D`I' RIGHT-OF-WAY •ti~ N26'1 1'00"E 0LINE 17.06 N40'47'25"E .1rO 27.57' TOWN OF TIBURON V 1x PTN. LOT 10 (19 M 4) o ~ 3 N36'OB'56"E N 31.60 CENTERLINE OF EXISTING zo 6' WIDE PATH EASEMENT TO CD REMAIN TOWN OF TIBURON EASEMENT, AGREEMENT & to w RESOLUTION OF ACCEPTANCE DOCUMENT #2012-0016714 N09'35'07"E l ' 42.45' R=1960.10' L=6.53' 0=0011'28" CHORD: \64'3T59"E 6.53' LOT 9 (19 M 4) RESIDENTIAL r~ N39`06'43"E N12'1626"W 25.52' NO0'16'32"E 33.17' 7 TOWN OF TIBURON LOT 8 (19 M 4) U. R IVER 11m- Land Services Tnc.gig;:-~ 11501 Dublin Boulmrd, Suits 200 Dublin, CA 94568 o) r SCALE: 1" = 50' 50 25 0 50 EXHIBIT "D" - NEW SECTION OF PATH EASEMENT MAR WEST PATH EASEMENT MAR WEST STREET TOWN OF TIBURON MARIN COUNTY CALIFORNIA TBPC1201 DRN. BY. MAS CHK. BY. KMM DATE: 01/08/13 PAGE 2 OF 2 TOWN OF TIBURON Town Council Meeting anuar16, 2013 1505 Tiburon Boulevard January r" Tiburon, CA 94920 Agenda Item: ~.,y' dam- I To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Manager Consideration of Financial Participation in Marin County Gun Buy-Back Program Scheduled for January 21 In light of the recent mass shootings at Newtown, CT, many communities across the country have created buy-back programs in which gun owners may surrender guns for destruction in exchange for a small payment. These programs are entirely voluntary and have resulted in thousands of guns being safely taken out of circulation. The attached press release from Supervisor Kate Sears describes a buy-back program underway in Marin County, which was spearheaded by District Attorney Ed Berberian. The County Board of Supervisors has provided $10,000 for the program, the Marin Community Foundation another $20,000, and various other donors have contributed as well. Mayor O'Donnell asked that the question of financial participation by Tiburon be placed on the Town Council agenda. FINANCIAL IMPACT If the Town Council wishes to take action to join the gun buy-back program, staff recommends a contribution of $1,000. RECOMMENDATION Staff recommends that the Town Council consider financial participation in the Marin County gun buy-back program. Exhibit: Press release describing gun buy-back program in Marin County Prepared By: Peggy Curran, Town Manager TOWN OF TIBURON PAGE 1 OF 1 SUPERVISOR GUN BUY-BACK PROGRAM JANUARY 15, 2013 JANUARY 21, 2013 11 AM - 8 PM at various locations listed below Residents of Marin can be compensated for the surrender of firearms on January 15, 2013 an 21, 2013. Residents of San Francisco, Contra Costa and Sonoma Counties may also participate. In the aftermath of the Sandy Hook shooting tragedy, District Attorney Ed Berberian's office has a community-based program to do something more than just comment on the horror of the inci the DA noted: "Sometimes we need to come together, taking one small step that empowers the individual with the ability to do something. I personally believe we are a society with too many ! sitting in garages, closets, drawers and who knows where else. Our community has seen these v appear in our neighborhoods and streets. Let's take a step to reduce the total number of these Let's have a day where we go to our local police agencies across the county and turn in these gu I agree whole-heartedly with the DA and I urge all of my constituents who have firearms in their to surrender them during this program. Now is the time to make our communities safer by remc weapons that can easily fall into the wrong hands or be misused accidentally. I join my colleaguE strongly endorsing this program, along with all of Marin's police departments, the Marin County Marin County's Superintendent of Schools, local mayors and city/town council members and Cal Attorney General. This is a "no questions asked" approach with the emphasis on reducing the ni readily accessible firearms in our community. January 15, 2013, was selected as the primary date to mark our commitment to curbing the viol, has plagued our streets and invaded our schools. This is an opportunity for individual members community to take a positive step that demonstrates our commitment to non-violence. January day our nation honors Dr. Martin Luther King, Jr., and the act of surrendering firearms is consist( King's teachings. I hope that this is a galvanizing force for broad-based community action to reds violence. 1/10/2013 Gun Buy-Back Program individuals surrendering operable semi-automatic handguns and/or semi-automatic long guns will receive $200 for each firearm. Any individual surrendering any other category of an operable firearm will receive $100 for each firearm. This is a "no questions asked" program, however documentation showing the person surrendering the firearm is a resident of Marin, San Francisco, Contra Costa or Sonoma County will be required strictly for verification purposes only and no police investigative report will be opened or generated. The five firearm surrender locations on January 15th will be: 1) Novato: the Novato Police Department, 909 Machin Avenue; 2) San Rafael: the San Rafael Police Department, 1400 Fifth Avenue; 3) Larkspur: Central Marin Police Authority, 250 Doherty Drive; 4) Marin City: St. Andrew's Church, 101 Donahue; and 5) Pt. Reyes: the Pt. Reyes Substation of the Marin County Sheriff's Office, 101 Fourth Street The hours of operation will be from 11:00 A.M. to 8:00 P.M. No ammunition should be in any of these firearms when they are brought to the surrender locations. A second surrender date has been scheduled for January 21, 2013, at the Mill Valley Police Department, 1 Hamilton Drive, Mill Valley, and the San Rafael Police Department. Again the hours of operation will be from 11:00 A.M. to 8:00 P.M. I am particularly grateful to Pastor Veronica Goines and the Congregation of St. Andrews Presbyterian Church in Marin City for hosting this on the 15th, the Mill Valley City Council and MV Police Chief Angel Bernal for offering to host this on the 21St and to and all of the community leaders throughout Southern Marin and the County for their efforts. All funding for the program has been generated locally. The County Board of Supervisors has committed $10,000, the Marin Community Foundation from two of its administered trusts have contributed an additional $20,000, and individuals from the greater community have contributed an additional $10,000 to support this effort. At one level, this is all about guns - access to guns and the ever-increasing firepower of guns. It is also about our values. Gail Collins, in a recent column in the New York Times, had this to say: "America needs to tackle gun violence because we need to redefine who we are. We have come to regard ourselves - and the world has come to regard us - as a country that's so gun happy that the right to traffic freely in the most obscene quantities of weapons is regarded as far more precious than an American's right to health care or a good education. We have to make ourselves better." It is time to take action, to make ourselves better by taking better care of each other. But we cannot stop there. I urge our Board to support legislation that bans assault weapons and multi-bullet clips. I also hope that we will commit to support enhanced mental health training and wrap-around services for troubled youth and their families. And more specifically, I believe we should find the means to fund more resource 1/10/2013 Gun Buy-Back Program officers for the Sheriff's Department to staff our local schools. For further information, please contact my office or: District Attorney Ed Berberian eberberian(amarincounty. org (415) 747-2241 You can update or cancel your subscription at any time. All you will need is your email address and password (if you have selected one). This service is provided by the County of Marin. L~o Not all events are sponsored by the County of Marin. County of Marin sponsored events are required to be accessible. If you are an individual with a disability and require an accommodation to participate in a County sponsored event, please call (415)4 73-4381 (voice), (415) 473-3232(TTY), or dial 711 for CRS at least four work days in advance. Documents in alternative formats are available upon request. ra~}i,}~~rY !~,r ARIN Promote Your l'a<ae Too Follow (2maringov If you have questions or issues please Contact sul)l)ort@)Qovdelivery.com for assistance, This email was sent to pcurran a ci.tibLircn.ca.L,5 Using GoviDelivery, on behalf of: Coi€nty of Marin 371 Be! Marin Kees Bled. - Ste 120 Novat;:, CA 94949 1-80'0-439-1420 1/10/2013 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Subject: 2013 Town Council Committee Appointments Reviewed By: 9X BACKGROUND Town Council Meeting January 16, 2013 Agenda Item: Members of the Town Council are appointed by the Council to serve on a variety of local and regional committees, and to represent the Town on a number of joint powers authorities. They also serve on ad hoc Town committees, formed to study specific issues or projects, such as revisions to the Town's smoking ordinance, the Mill Valley Refuse franchise agreement, and the Downtown Task Force. The Town Council reorganized at its December 5, 2012 meeting, appointing Emmett O' Donnell Mayor and Alice Fredericks, Vice Mayor. It is now timely to review the list of committee appointments to see if there are any revisions or new assignments to be made in 2013. RECOMMENDATION Staff recommends that the Town Council review the attached worksheet and make any revised or new appointments for 2013. Exhibits: 1) Worksheet for 2013 Council Appointments 2) 2012 Tiburon Town Council Committee Appointments Prepared By: Diane Crane Iacopi, Town Clerk b~ t;eo ° CD ° ° ° o ° >y Coll d y ~ • ~ ~ v C7 ° ~ ~ t•• ~ ~ n lTJ ~ ~ O n C D CD ~ A ~ bd ° p- ~ ~ • r tr1 0 ~ o • ~ ~ bd CD 0 0• 0 o CD d d ~ ~l~ d > d > d CD CD UQ N CD CD CD ~ UQ N CD ~ ~ O CD N ~ CD 0 ~ UA N ~ CD CD ~ U4 N CD CD ~ bq N ~ N CD CD CD 0 ~ CD CD CD CD 0 CD ~ (D d3 o w oil rS A CD a fD D tU n• f O f1Q p ~ (!1 CD CD a u c "S p ^ d oil A dQ d B ~ C D u CD u `C tD 't O tz~ f~~D CD B n CD CD CD fD tz~ o CD c o ;t CD 0 O ~71~ ~ O 0 N CD N ~ O F"~a O N ~ O• O CD mod. cn .11 d r d l o n 00 :D lt' l c~ , CIA (D 2J o d o co y o 1 CIA 0.0 y > o ~ o ~,CD > a ~J x o cr Cl'~ 0 ~i o~J P- y d~ o k "t) t;d bd Q ~d o o 0 0 0 d° co v~ ~ o ~ 0 0 o d ~ ~ ~ aQ ~ d d > d N N N N U~q N UQ N UQ N ~ , CD CAD 0 N d d p ~ d UQ UQQ D CD CD m a d CD CD 0 U Q PIT, ~ n ° d CD C CD ~ n o o cis a ` ' (Aj p ' O F r ' , z-- y o or CD 4. CD aq CD 0 CD ~J n x N y w CD Z ~d y 74-t U) ~ ~ fD 0 d O a n O d ^ d ~ cra CD TIBURON TOWN COUNCIL COMMITTEE APPOINTMENTS 2012 STATE & REGIONAL AGENCIES 1. ASSOCIATION OF BAY AREA GOVERNMENTS (General Assembly meets in April and October) Jim Fraser, Delegate Emmett O'Donnell, Alternate 2. MARIN ENERGY AUTHORITY BOARD OF DIRECTORS (Meets IS` Thursday fi-om 7-9 p.m. at I McGinnis Parkway, San Rafael) Dick Collins, Delegate Emmett O'Donnell, Alternate 3. PRIORITY-SETTING COMMITTEE FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS (CDBG) (Meets twice a year in Marin City and at Civic Center) Frank Doyle, Delegate Jim Fraser, Alternate 4. LEAGUE OF CALIFORNIA CITIES (Meets quarterly and at the Annual Conference in September-; other events as published) • State Director, representing North Bay Division (elected July 2008; re- elected 2010; resigned July 2012) • Executive Committee, North Bay Division • Voting Delegate for Town of Tiburon • Transportation, Communication & Public Works State Policy Committee - (2-year appointment by League President) Alice Fredericks 5. INSTITUTE FOR LOCAL GOVERNMENT (ILG) BOARD OF DIRECTORS (Research affiliate of California State Association of Counties & League of California Cities) (Meets quarterly; meetings rotate between Northern & Southern California) Director (apptd by League of CA Cities Board of Directors) [resigned July 2012] Alice Fredericks 6. MARIN CLIMATE ENERGY PARTNERSHIP (ICLEI) Local Governments for Sustainability (Meets 1' Thursday, San Rafael City Hall) Laurie Tyler, Staff Liaison & voting board member (Marin Climate Energy Partnership) 7. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS (Meetings scheduled as needed) Police Chief Michael Cronin Dick Collins, Alternate Capt. David Hutton, 2"d Alternate Adopted January 18, 2012; updated March 21, 2012; June 20, 2012 and July 18, 2012 Page I of 4 8. MARIN TELECOMMUNICATIONS AGENCY BOARD OF DIRECTORS (Meets 2"d Wednesday from 7-9 p.m., San Rafael City Hall) Jim Fraser, Delegate Frank Doyle, Alternate 9. RICHARDSON BAY REGIONAL AGENCY BOARD OF DIRECTORS (Meets monthly on 2nd Wednesday at 6:00 p.m. - Sausalito City Hall) Emmett O'Donnell, Delegate Jim Fraser, Alternate 10. TRANSPORTATION AUTHORITY OF MARIN BOARD OF DIRECTORS (Meets monthly on 4th Thursday at 7: 30 p.m. - Board of Supervisors Chambers, Civic Center) [Four year terms, effective May 1, 2008] Alice Fredericks, Delegate Dick Collins, Alternate • Fredericks serves as the cities' Southern Marin Representative to the TAM Executive Committee • Fredericks serves as TAM's representative to MCCMC • Fredericks serves on the TAM Legislative Committee • Fredericks was appointed to serve on the SB 375 Marin SCS Ad Hoc Committee formed by TAM in February 2011; she was reappointed by the Town Council on July 18, 2012 • Fredericks was elected Chair of TAM in 2011 12. CITIZEN'S ADVISORY COMMITTEE OF THE WATER EMERGENCY TRANSIT AUTHORITY (Meetings scheduled as needed) Emmett O'Donnell, Delegate Alice Fredericks, Alternate II. LOCAL AGENCIES/COMMITTEES 1. BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL (Meets bi-monthly on 2"d Tuesday from 4:00 - S: 30 p.m. in the Town Council Chambers) Jim Fraser, Town Council Representative 2. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (Meets bi-monthly on 3rd Monday in the Town Hall Community Room) Jim Fraser, Town Council Voting Member [appointed June 2012] Adopted January 18, 2012; updated March 21, 2012; June 20, 2012 and July 18, 2012 Page 2 of '4 III. TOWN AD HOC COMMITTEES (Meetings scheduled as needed) 1 2012-2013 BUDGET i. Alice Fredericks ii. Jim Fraser 2 CART i. Jim Fraser ii. Frank Doyle 3 DOWNTOWN REVITALIZATION i. Dick Collins ii. Jim Fraser 4 MARTHA PROPERTY APPLICATIONS i. Dick Collins ii. Alice Fredericks 5 NED'S WAY PROJECT i. Jim Fraser ii. Emmett O'Donnell 6 LEGISLATIVE ACTION i. Alice Fredericks ii. Dick Collins 7 LITIGATION i. Alice Fredericks ii. Dick Collins 8 LYFORD DRIVE PARKING i. Dick Collins ii. Emmett O'Donnell 9 AFFORDABLE HOUSING [appointed March 2012] i. Alice Fredericks ii. Dick Collins Adopted January 18, 2012, updated March 21, 2012; June 20, 2012 and Jule 18, 2012 Page 3 of 4 V. MCCMC APPOINTMENTS • Elected by MCCMC Golden Gate Bridge, Highway & Transportation District Board of Directors (Meets 2"d & 4`" Fridays at10 a.m., GGBHTD offices) Alice Fredericks • Town Appointments to MCCMC Committees 1. Legislative Committee (Meets4thd Monday at 8: 00 a. m., San Rafael City Hall) Alice Fredericks (also serves as Chair) [Vacant], alternate 2. JPA Oversight Committee (Meetings scheduled as needed) Jim Fraser, delegate [Vacant], alternate VI. TOWN APPOINTMENTS IN OTHER AREAS OF INTEREST MarinMap Steering Committee- (Meetings scheduled as needed) Nicholas Nguyen Chad Monterichard, Alternate Marin County Hazardous & Solid Waste JPA (Meets quarterly) Town Manager Peggy Curran Marin Green BERST (Green Building, Energy Retrofit and Solar Transformation Collaborative) (Meetings scheduled as needed) John Kunzweiler, delegate (Planning Commissioner) Emmett O'Donnell, alternate Adopted January, 18, 2012; updated March 21, 2012; June 20, 2012 and July 18, 2012 Page 4 of 4 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 January 16, 2013 Agenda Item: /rT-/ Recommendation to Adopt Revised Fee Schedules for the Community Development Department & Public Works Department 4AP-_1 The Town is proposing minor revisions to the fee schedules used by the Community Development Department and by the Public Works Department. The revisions are a mixture of fees for permit types not previously existing, updates of state and county-imposed fees, and changes to reflect new state law. The Community Development Fee Schedule was last updated in January 2012 and the Public Works Department Fee Schedule was last revised in 2008. ANALYSIS Summary of Fee Schedule Revisions The proposed revisions to the fee schedules are shown in strike-through/double-underline format in the Draft Fee Schedule Resolution, attached as Exhibits 1 and 2. Revisions are summarized below, with page references in parentheses following each revision. The revisions would: ➢ Create separate line items for "Temporary Use Permit" (p. 2), "Reasonable Accommodation Request" (p. 2), and "Flood Regulations Variance" (DPW Schedule). The first two are new permit types and the third has never been applied for in the past and no fee has ever been established. ➢ Reflect increased State Department of Fish & Game fees or County Clerk processing fees for review and processing of CEQA documents; these are state- or county-imposed pass- through fees over which the Town has no control (p. 4). ➢ Reflect the addition to the schedule of the $25 posting fee for banners that are hung by the Public Works Department at the Blackie's Pasture and Blackfield Drive signs (p. 5). This is not a new fee. ➢ Correct an error in the prior fee schedule regarding RBR inspection fees. The prior schedule inadvertently omitted the standard $75 additional unit charge when more than a single-family residence is being inspected. The fee for the first unit remains $250 (p. 8). ➢ Relocates the "Other Inspections" section from pp. 12-13 to p. 9. No new fees or increased fees result (p. 9 and pp. 12-13). ➢ Reflects the state-imposed Seismic Tax, also known as the strong motion fee. These fees are required to be collected by the Town and forwarded to the State of California (p. 9). ➢ Modifies roof-top solar system building permit fees to comply with provisions of SB 1222, which essentially capped fees for these systems to $500 for residential and $1,000 for commercial. The Town would continue to waive these fees for roof-mounted systems that met the Town's criteria set forth by Resolution No. 13-2011. Staff believes that all of the above are minor changes and/or corrections to the fee schedule. There are no increases in building permit fees based on project valuation and no increases to hourly rate schedules. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing and consider any testimony. 2. Adopt the Resolutions. EXHIBITS 1. Draft Resolution adopting updated Community Development fee schedule. 2. Draft Resolution adopting update Department of Public Works fee schedule. Prepared By: Scott Anderson, Director of Community Development S: W dministration l Town Councill Staff Reports 12013Van M Drafts lfee schedules update staff report. doc RESOLUTION NO. XX-2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A REVISED FEE SCHEDULE FOR THE COMMUNITY DEVELOPMENT DEPARTMENT AND MICELLANEOUS SERVICES PROVIDED BY OTHER TOWN DEPARTMENTS WHEREAS, the Tiburon Municipal Code requires that any changes to the Community Development Department's filing and processing fees be set forth by Resolution of the Town Council, and WHEREAS, it is the intent of the Town Council that such fees be used to reimburse the Town for the costs of providing the services for which the fees are assessed, thereby maintaining productive and efficient service levels commensurate with the work demands within the Community Development Department, and WHEREAS, from time to time it is necessary to revise fees to reflect actual costs incurred by the Community Development Department and/or other Departments in the normal course of its operation and according to its obligations to administer State statutory requirements under the authority of Town ordinances, and WHEREAS, the Town of Tiburon has provided required notice and held a public hearing pursuant to state law and local ordinances. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt a revised fee schedule for the Community Development Department and Miscellaneous Services Provided by Other Departments, said fee schedules being attached hereto as Exhibit A and Exhibit B, and including miscellaneous services provided by other Town Departments, said fee schedules to become effective 60 days from the passage of this resolution and to supersede the fee schedules set forth in Resolution No. 04-2012. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on January 16, 2013 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK r Vx---" I~T' 1. Tiburon Town Council Resolution XX-2013 Effective --1--12013 1 EXHIBIT A: PLANNING/ZONING & MISCELLANEOUS OTHER FEES PLANNING & ZONING PERMITS (Base fees do not include noticing, plan storage, technology recovery or CEQA fees, unless noted with General Plan Amendment, Rezoning, or Zoning Text Amendment $3,260* Annexation Agreement** $255 Prezoning: Multiple Parcels/Undeveloped Parcel/Single Developed Lot ........................$3,260/$1,630/1,630* Precise Development Plan ............................................................................................$6,520 + $260/each unit* a. Amendment .........................................................................................$1,630 + $70/each unit* b. Single Lot Residential Amendment $1,300* Conceptual Master Plan $3,260 + $140/each unit* Conditional Use Permit and Amendment thereto a. Minor $1,300* b. Major $6,520* Condominium Conversion Conditional Use Permit and Amendment: a. 4 units or less = Minor Conditional Use Permit $1,300 b. 5 units or more = Major Conditional Use Permit $6,520* Secondary Dwelling Unit Permit** $595 250 Keeping of Chickens or Bees Permit** (staff-level) $ Variance** $450 Reasona le Accommodation Request** $450 Tidelands Permit** $450 Temporary Use Permit** $300 Tree Permit * * a. Single tree $170 b. 2 through 4 trees $260 C. 5+ trees $280 plus $55 per each additional tree Water Well Drilling Permit and Amendment thereto a. Potable Well $1,250* b. Non-potable Well $640* Home Occupation Permit** a. Initial $100 b. Annual Renewal $50 Extension of Time** 50% of initial fee *Initial deposit amount only. Any remainder will be refunded; additional Staff time to process will be billed per the Town's Hourly Rate Schedule(s) adopted by separate resolution. Tiburon Town Council Resolution Xa' 2013 Effective --1--12013 SITE PLAN AND ARCHITECTURAL REVIEW (DESIGN REVIEW) PERMITS (Design Review fees already include charges for noticing, plan storage, technology recovery, and California Environmental Quality Act exemption) Existing Building/Developed Lot Ministerial (over-the-counter) ...............................................................................................$50 Minor Alteration (staff level) and amendments thereto $255 Design Review of less than 500 sq. ft. that do not qualify for staff level review $485 Design Review of between 500 and 1,000 sq. ft ...............................................................$945 Design Review of 1,000 sq. ft. or more ...........................................................................$1,325 Amendment to Design Review approval 50% of filing fee (unless the application qualifies for staff-level review, then) $255 New Residential or Non-Residential Building Initial Approval ................................................................................................................$2,825 Minor Amendment (qualifies for staff-level review) $255 Major Amendment involving increased floor area and/or significant design changes 50% of filing fee Residential Floor Area Exception $230 Grading, Filling, or Earthwork requiring design review approval .........................................$805 SIGN PERMITS (Sign Permit fees already include charges for plan storage, technology recovery, and California Environmental Quality Act exemption.) Sign Permit (no Exceptions required) $90 Sign Permit Requiring a Minor Exception $125 300 Sign Permit Requiring a Major Exception $ PLANNING CONFORMANCE CHECK ON BUILDING PERMIT APPLICATIONS (Collected by Building Division at time o f permit issuance) Actual cost of Checker's time based on the Hourly Rate Schedule; minimum charge is 0.5 hours). Tiburon Town Council Resolution XX-2013 Effective --1--12013 SUBDIVISION AND RELATED PERMITS AND SERVICES (Base. fees do not include noticing, technology recovery, plan storage, or CEQA, fees) Lot Line Adjustment (Minor: four or fewer parcels) ....................................................................$720* Lot Line Adjustment (Major: five or more parcels) ..................................................................$1,800* Lot Merger (Voluntary) $230 Tentative Map, where Final Map required: a. For the first 5 lots .............................................................................................$l%600* b. For each additional lot ..........................................................................................$260* C. Amendment to previously approved Tentative Map ........................................$3,920* Tentative Map, where Parcel Map required $9,760* Planning Division Review of Final and Parcel Maps $3,920 Extension of Time for Tentative Map ........................................................................................$2,600* Certificate of Compliance ...........................................................................................................$1,300* Reversion to Acreage $16 340 CALIFORNIA ENVIRONMENTAL QUALITY ACT FEES Determination of CEQA Exemption $50 Initial Study ............................................................................................................................$1,600* EIR (full or focused) $1,000 plus EIR contract cost EIR Administrative Overhead ........................................................................30% of EIR contract cost Mitigation Monitoring and permit compliance review Actual Town cost State Fish & Game Review Fees & County Clerk Filing Fee (as established by State law effective January 1, 2013 and subject to change without notice; make checks payable to "Mann County Clerk"): a. Fish & Game and Filing Fee for Negative Declaration $2,094.00 2.156.25 2.156.25 b. Fish & Game and Filing Fee for Mitigated Negative Declaration $2,094.00 C. Fish & Game and Filing Fee for Environmental Impact Report... $2,989.25 2.995.25 d. Environmental Document per Certified Regulatory Program $1015.50 1.018.50 e. Marin County Clerk Processing Fee .................................................................$50.00 *Initial deposit amount only. Any remainder will be refunded; additional Staff time to process will be billed per the Town 's Hourly Rate Schedule. Tiburon Torn C01117cil Resolution Xa'--2013 Effective --1--12013 ADMINISTRATIVE SERVICES / MISCELLANEOUS Services Street Name Change* $1,280 Change of Street Address $170 Residential Parking Permit (collected by Police Department) .............................................$25 100 Noticing and Mailout of Permit Applications $ Plan/Document Storage Fee ..................................................................................................$65 Technology Recovery Fee .....................................................................................................$25 Photocopies (regular) $.20/page Photocopies (color) $.50/page Microfiche Copies $.20/page Staff Research Fee $70/hour Official Plans Duplication & Affidavit $50 per affidavit, plus actual plan duplication cost 15 per meeting Copy of Meeting Recording (CD) $ 1/page Town Clerk Certification of Copies $ Special Event Permit: Low impact=$40; High impact=$100; Renewal of Low impact = $20 Impounded Sign Recovery/Storage Fee $40/sign Blackie's Pasture/Blackfield Drive Banner Posting Fee. .$25/banner Piihlic-.atinnc General Plan paper copy (full document including 11" X 17" color diagrams) ..................$50 General Plan on CD (full document) $5 General Plan paper copy (Individual Elements, including diagrams therein) $10 Zoning Ordinance (including 11" X 17" color maps) $30 Municipal Code (including 11" X 17" color zoning maps) $100 Design Review Guidelines (a.k.a. Hillside Guidelines Booklet) $5 Downtown Design Handbook (color) $20 Downtown Design Handbook (B/W) $10 Downtown Design Handbook Furniture Supplement (B/W) $5 All other publications At cost Maps General Plan Land Use Diagram 2.2-1 (11" x 17" color) $3 General Plan Land Use Diagram 2.2-1 (24" x 36" color) ....................................................$30 Other General Plan Diagrams (11" x 17" color) ....................................................................$3 Zoning Map (11 " x 17" color) $3 Zoning Map (24"x 36" color) $30 Planned Development Map (11" x 17" color) ........................................................................$3 Other maps At cost APPEALS a. If applicant is the appellant** .................................................................................$500 b. If applicant is not the appellant $300 *Initial deposit amount only. Any remainder will be refunded; additional Staff time to process will be billed per the Town's Hourly Rate Schedule. "Project applicant is responsible for all reasonable Town costs, including expert services and outside consultants, necessary to process the application through a, anal Town decision. Tiburon ToWn Council Resolution XX-2013 Effective --1--12013 PUBLIC FACILITY FEES AND OTHER DEVELOPMENT-RELATED FEES Traffic Mitigation Fees - varies by location (see Town Council Resolution No. 02-2007 or successor document). In-Lieu Housing Fee - varies (based on a formula contained in Tiburon Municipal Code Title IV, Chapter 16). Park & Recreation In-lieu Fee - varies (based on formula in Tiburon Municipal Code Title IV, Chapter 14). GENERAL FEE PROVISIONS A. Fees shall be submitted in full at the time of application submittal to the Town. A penalty fine equal to 100% of the regular filing fee is assessed for after-the-fact permit applications. B. Pursuant to a written request, the Town Council may grant a full or partial waiver of fees pursuant to applicable fee waiver policies adopted by Resolution of the Town Council. C. Portions of fees may be refunded upon withdrawal of an application; the amount of the refund shall be determined by the Director based upon the amount of work performed and costs incurred by the Town prior to withdrawal. D. Full fee credits may be granted by the Director toward resubmitted applications if withdrawn and resubmitted within 60 days from the date of withdrawal. E. Where work requires more than one permit, the full fee shall be collected for each and every permit required. F. Pursuant to Tiburon Municipal Code Title IV, Chapter 16 (Zoning), some fee waivers are applicable to projects providing below market rate housing units. G. If the Director determines that a contract planner will be required to process an application, or assist Town Staff with processing of an application, the applicant shall be responsible for all reasonable costs associated with said contract planner. Tiburon Town Cozrnci! Resolution Xa'-2013 Effective --1--12013 6 EXHIBIT B: BUILDING DIVISION FEES BUILDING PERMIT FEE The basis for the Building Permit Fee shall be the total valuation of the project; the actual fee shall be calculated using attached Table 1. "Valuation of the project" includes all of the actual costs incurred for the completion of the project. These costs include, but are not limited to, architectural and engineering fees, site preparation, demolition, rough and finish carpentry, electrical, plumbing, mechanical, scaffolding and other equipment rentals, grading, drainage, and winterization activities. Where work is performed or materials supplied without monetary compensation, the fair market value of labor and/or materials supplied shall be used for project valuation calculation purposes. If the total valuation is not provided, the following schedule shall be used to establish a minimum project valuation. Actual project valuation must be provided prior to final inspection and any additional fbes, based on actual project valuation, will be due and payable prior to final sign-off. 1. Apartment Houses: Type I or II F.R $171.00/sq.ft. Type V - Masonry (or Type III) $137.00/sq.ft. Type V - Wood Frame $132.00/sq.ft. Type I Garage $70.00/sq.ft. 2. Dwellings: Type V-Masonry $157.00/sq.ft. Type V -Wood Frame $150.00/sq.ft. Garage $60.00/sq.ft. Miscellaneous valuations: If total valuation is not provided at the time of application, the following schedule shall be used: 4.00/s ft. 1. Sprinklered Structure (retrofits only) $ q. 2. Tenant Improvements - Commercial $45.00/sq.ft. 3. Block Walls & Pilasters (includes footings) $6.00/sq.ft. 4. Retaining Walls (includes footings) $18.00/sq.ft. 5. Retaining Walls (wood) $6.00/sq.ft. 6. Greenhouse $12.00/sq.ft. 14.00/sq. . 7. Patio, Solid Cover $ 8. Patio, Lattice Cover $11.00/sq.ft. 9. Aluminum Patio Enclosure $60.00/sq.ft. 10. Deck $12.00/sq.ft. Tibznro17 Town Cozmcil Resolution .l'X-2013 Effective --1--12013 11. Demolition $120.00 12. Re-roof: Project valuation to be substantiated by providing contract; Building Permit Fee shall be calculated using Table 1. 13. Swimming Pool/Spa/Hot Tub: Project valuation to be substantiated by providing contract; Building Permit Fee shall be calculated using Table 1. 14. Miscellaneous Work: Building Permit Fee for any work not covered by the above shall be based on the total valuation for the project and the fees will be calculated using Table 1. MISCELLANEOUS FEES 1. Plan Storage fees: Vnliintinn $1 - $100,000 $60.00 $10001 - $20000 .........................................................................................................$120.00 $20001 - $800,000 .........................................................................................................$180.00 $80001 - over .................................................................................................................$250.00 2. Residential Resale Inspection/Residential Building Report (RBR) ................................$250.00 (plus $75 per each additional unit beyond the firstl 3. Residential Resale Re-inspection: $75.00 4. Business License: Project value $1 - $ 5000 $15.00 Project value $5001 - $25,000 ............................................................................................$25.00 Projects valued over $25,000 0.0012 of the Project value 5. Plan Checking Fees: All construction plans must be checked for conformance with State and Town regulations. A plan checking fee shall be paid to the Town along with submittal of construction drawings and specifications for review. Plan checking fees shall be 65% of the building permit fees as set forth in Table 1. Where plans are incomplete, or changed so as to require an additional plan check review, an additional plan review fee shall be charged by the Town at a rate of $75 per hour, with a minimum charge of one hour, in addition to any costs incurred by the Town for outside plan-checking services. 6. Work Performed Without a Permit: Whenever any work for which a permit is required is commenced without first obtaining a permit, a penalty fee shall be due and payable. The penalty fee shall be calculated using the Town's current Resolution setting forth Administrative Fines. 7. Long-range planning/general plan maintenance fee surcharge: 10% of building permit fees (includes building, plumbing, electrical, mechanical, and grading fees) Tiburon Town Council Resolution XX--2013 Effective --1--12013 8 8. Technology Recovery Fee surcharge as set forth in the following table: TOTAL VALUATION FEE $ 1.00 to $ 5,000.00 $15.00 001.00 to 25 000.00 $ 5 $ 15.00 for the first $ 5,000.00 plus $ 3.00.00 for each additional $1,000.00, or fraction , , thereof, to and including $ 25,000.00 001.00 to $ 50 000.00 $ 25 $ 75.00 for the first $ 25,000.00 plus $ 2.50 for each additional $1,000.00, or fraction , , thereof, to and including $ 50,000.00 001.00 to $ 100,000.00 $ 50 $ 137.50 for the first $ 50,000.00 plus $ 2.25 for each additional $1,000.00, or fraction , thereof, to and including $ 100,000.00 $ 100 001.00 to $ 500,000.00 $ 250.00 for the first $ 100,000.00 plus $ 2.00 for each additional $1,000.00, or fraction , thereof, to and including $ 500,000.00 001.00 to $ 1,000,000.00 $ 500 $ 1050.00 for the first $ 500,000.00 plus $ 1.75 for each additional $1,000.00, or fraction , thereof, to and including $ 1,000,000.00 $ 1,000,001.00 and up $ 1925.00 for the first $ 1,000,000.00 plus $ 1.50 for each additional $1,000.00, or fraction thereof, but not to exceed $7,500.00 9. Other Inspections and Fees a. Inspections outside of normal business hours: $75/hour minimum charge 2 hours b. Re-inspection Fee: $75.00/hour c Inspections for which no fee is specifically indicated: $75/hour (minimum charge is 1 hour d. Additional plan review required by additions or revisions to plans: $75/hour (minimum charge is 1 hour e. Outside consultants for plan checking, inspections, or both: Actual costs, which include administrative and overhead costs incurred by the Town 10. California State Seismic Tax (Strong Motion Feel ....................................................Set by State 119. State Building Standards Commission Fee, as follows: PERMIT VALUATION FEE $ 1.00 to $ 25,000.00 $ 1.00 $ 25,001.00 to $ 50,000.00 $ 2.00 $ 50,001.00 to $ 75,000.00 $ 3.00 $ 75,001.00 to $ 100,000.00 $ 4.00 Every $ 25,000 or fraction thereof above $ 100,000.00 Add $ 1.00 1247. Undergrounding Extension Exception (Chapter 12A-3 of the Municipal Code)..... $60.00 ELECTRICAL PERMIT FEES Any fees required by this division shall be paid by the applicant before any electrical work, Tiburon Town Council Resolution XX--2013 Effective --/=-12013 requiring a permit hereunder, is stared and the permit issued. Minimum Fee: The minimum fee for any electrical permit, unless otherwise indicated, is $60.00 Miscellaneous Permit Fee: Any permit for miscellaneous electrical work not in conjunction with a building permit, and not itemized below, shall be a minimum fee of $60.00, or 2% of the contract cost, whichever is greater. New Service or Service Change: Any permit for new service or change of service not in conjunction with a building pen-nit shall be charged as follows: 100-1000 amps $150.00 Over 1000 amps .....................................................................................................$250.00 Residential Dwelling: For each electrical permit for a one or two family unit, or a multi- family dwelling unit, the fee shall be based on 20% of the building permit fee, inclusive of carports and garages, and inclusive of additions and alterations. Commercial: Fees for commercial or industrial electrical work (including retail stores, offices, and motels) in conjunction with a building permit are as follows: Office 20% of building permit fees 20% of building permit fees Retail sales Food markets 25% of building permit fees Restaurants 25% of building permit fees MECHANICAL PERMIT FEES Any fee required by this division shall be paid by the applicant before any mechanical work requiring a permit hereunder is started and the permit is issued. Minimum Fee: The minimum fee for any mechanical permit, unless otherwise indicated, is $60.00. Miscellaneous Permit Fee: Any permit for miscellaneous mechanical work not in conjunction with a building permit, and not itemized below, shall be a fee of $60.00 or 1% of the contract cost. Residential Dwellings: For each mechanical permit for a one or two family dwelling unit or a multi-family dwelling unit, the fee shall be based on 9% of building permit fee, inclusive of additions and alterations. Commercial: Fees for commercial or industrial mechanical work (including retail stores, offices, and motels) in conjunction with a building permit are as follows: Office 9% of building pen-nit fee Retail sales 9% of building permit fee Food Markets ...............................................................12% of building permit fee ..............................................................12% of building permit fee Restaurants Tiburon Town Council Resolution XX- 2013 Effective --1--12013 10 PLUMBING PERMIT FEES Any fees required by this division shall be paid by the applicant before any plumbing work requiring a permit hereunder is started and the permit issued. Minimum Fee: The minimum fee for any plumbing permit is $60.00, unless otherwise stated. Miscellaneous Permit Fee: Any permit for miscellaneous plumbing work not in conjunction with a building permit, and not itemized below, shall be a fee of $60.00 or 1.5% of the contract cost, whichever is greater. Residential Dwellings: For each plumbing permit for a one or two family dwelling unit or a multi-family unit, the fee shall be based on 10% of the building permit fee, inclusive of additions and alterations. Commercial: Fees for commercial or industrial plumbing work (including retail stores, offices, and motels) in conjunction with a building permit are as follows: Office 10% of building permit fees 10% of building permit fees Retail sales Food markets . 10% of building permit fees Restaurants 15% of building permit fees ROOF-TOP SOLAR ENERGY SYSTEM THAT PROVIDES DIRECT CURRENT (DCl ELECTRICITY* Residential: $500, plus $15 per kilowatt for each kilowatt above 15kW (collected as electrical permit fA Non-residential: $1,000 for systems up to 50 kW, plus $7 per kilowatt for each kilowatt between 51kW and 250kW plus $5 per kilowatt for each kilowatt above 250k)Y (collected as electrical permit fee * Fees subiect to substantial waiver if the criteria set forth in the Policy for Solar Collector Panels are met (Resoh.rtion No--L3--2D-11 or sicccessor). Note: For non-roof-top solar energy systems, the permit fee is based on the valuation of the project as set forth in Table 11 GRADING PERMIT FEE SCHEDULE Plan Check Fees: 1 to 50 cubic yards No fee 51 to 100 cubic yards $15.00 101 to 1,000 cubic yards .....................................................................................................$22.50 1,001 cubic yards to 10,000 cubic yards ............................................................................$30.00 For each additional 101000 cubic yards or fraction thereof above 10,000 cubic yards:.... $15.00 Tiburon Town Council Resolution XX-2013 Effective --1--12013 11 Permit Fees: 1 - 50 C.Y $15.00 51 - 100 C.Y $22.50 101 - 200 C.Y .....................................................................................................................$33.00 201 - 300 C.Y .....................................................................................................................$43.50 301 - 400 C.Y .....................................................................................................................$54.00 401 - 500 C.Y $64.50 501 - 600 C.Y .....................................................................................................................$75.00 601 - 700 C.Y .....................................................................................................................$85.50 701 - 800 C.Y .....................................................................................................................$96.00 801 - 900 C.Y ...................................................................................................................$106.50 901 - 1000 C.Y .................................................................................................................$117.00 1001 - 2000 C.Y ...............................................................................................................$126.00 2001'- 3000 C.Y ...............................................................................................................$135.00 3001 - 4000 C.Y ...............................................................................................................$144.00 4001 - 5000 C.Y ...............................................................................................................$153.00 5001 - 6000 C.Y ...............................................................................................................$162.00 6001 - 7000 C.Y $171.00 7001 - 8000 C.Y $180.00 8001 - 9000 C.Y ...............................................................................................................$189.00 9001 - 101000 C.Y ............................................................................................................$198.00 Each additional 10,000 Cubic Yards is: $40.50 PUBLIC FACILITY DEVELOPMENT FEES Traffic Mitigation Fee - applies to development resulting in new vehicle trip generation; varies by location (see Town Council Resolution No. 02-2007 or successor document). Street Impact Fee - 1 % of building permit project valuation Stormwater Runoff Fee - $1 per each square foot of new impervious surface created by the project TABLE I TOTAL VALUATION OF BUILDING PERMIT FEE THE PROJECT $1.00 to $60.00 $2,000.00 $2,001.00 to $69.25 for the first $2,000.00 plus $14.00 for e ach additional $25,000.00 $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $391.25 for the first $25,000.00 plus $10.10 for each additional $50,000.00 $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $643.75 for the first $50,000.00 plus $7.00 for each additional $100,000.00 $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $993.75 for the first $100,000.00 plus $5.60 for each additional $500,000.00 $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 to $3,233.75 for the first $500,00.00 plus $4.75 for each additional $1,000,000.00 $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 $5,608.75 for the first $1,000,000.00 plus $3.15 for each for each and above additional $1,000.00, or fraction thereof Other- inspeetien s and Fees ! Tiburon Town Council Resolution XX-2013 Effective --1--12013 12 • Y 1 i F ,r n A s 1 ~-T i- iii frtrzf e j : Tiburon Town Council Resolution XX-2013 Effective --/--12013 13 RESOLUTION NO. XX-2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A REVISED FEE SCHEDULE FOR THE TOWN ENGINEER AND PUBLIC WORKS DEPARTMENT WHEREAS, the Tiburon Municipal Code requires that any changes to the Town's filing and processing fees be set forth by Resolution of the Town Council, and WHEREAS, it is the intent of the Town Council that such fees be used to reimburse the Town for the costs of providing the services for which the fees are assessed, thereby maintaining productive and efficient service levels commensurate with the work demands within the Town's various departments, and WHEREAS, from time to time it is necessary to revise these fees to reflect actual costs incurred by the various departments in the normal course of its operation and according to its obligations to administer State statutory requirements under the authority of Town ordinances, and WHEREAS, the Town of Tiburon has provided required notice and held a public hearing pursuant to state law and local ordinances. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt a revised fee schedule for the Town Engineer and Public Works Department staff, said fee schedule being attached hereto as Exhibit A, said fee schedule to become effective 60 days from the passage of this resolution and to supersede the fee schedule set forth in Exhibit A of Resolution No. 07- 2008. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on January 16, 2013 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EMMETT O' DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Resolution No. XX-2013 Effective 03\-\2013 Page 1 EXHIBIT A TOWN ENGINEER/PUBLIC WORKS DEPARTMENT FEE SCHEDULE (Effective 03/--/2013) The Town Engineer's application review fee includes the time spent by the Town Engineer and his staff to make one (1) site inspection, an initial review of submitted plans and maps for completeness, a second review of the submitted plans and maps, a consultation with Community Development Department staff and preparation of written conditions and/or recommendations. The Town Engineer's fee for additional work beyond that specified above, and for other applications where a specific fee is not listed, will be based on the actual time spent by the Town Engineer or his staff in accordance with the Town Engineer's personnel schedule. Where not otherwise indicated, the Town Engineer will determine a fee if review is determined to be necessary by the Director of Community Development or Building Official. A. Planning & Zoning Applications 1. Conditional Use Permit (Major) .......................................................................................$1,600.00* 2. Precise Development Plan ................................................................................................$2,500.00* 3. Conceptual Master Plan ...................................................................................................$1,000.00* 4. Traffic Study Review $1,000.00* B. Site Plan and Architectural Review Application Referral (complex applications only) 1. Design Review application ..............................................................................................$450.00* 2. New Residence or Non-Residential Building $750.00* 3. Grading, Filling or Earthwork $1,000.00* C. Subdivisions and Related Permits and Services 1. Tentative Map Application, Where Final Map Required .................................................$5,325.00* 2. Tentative Map Application, Where Parcel Map Required ...............................................$1,700.00* 3. Final Map .........................................................................................................................$5,325.00* 4. Parcel Map .......................................................................................................................$5,325.00* 5. Subdivision Improvement Plan Review $5,325.00 6. Field Inspection ..........................................................................3% of the Value of Improvements D. Building Permit Drainage & Site Review Application 1. New Building ..................................................................................................................$500.00 2. Exterior Addition/Remodel ..............................................................................................$350.00 E. Encroachment Permit 1. Application Processing Fee (applies to all Encroachment Permits) .................................$85.00** 2. Debris Box-only Encroachment Permit Inspection Fee $75.00 3. Minor Encroachment Permit Inspection Fee ....................................................................$150.00 (e.g., driveway approaches, curb drains, fences, paving or concrete work less than 175 sq. ft.) 4. Major Encroachment Permit Inspection and Plan Review Fee: 3% of Valuation of Improvements 5. All other Encroachment Permit applications, in the reasonable discretion of the Town Engineer, are subject to a $325.00** fiffpa initial deposit filing fee, and additional fees may be assessed based on actual processing time and adopted hourly rate schedules. F. Variance from Flood Damage Prevention Regulations (Chapter 13D of Municipal Code) $750.00* *Fee shall be considered an initial non-refundable deposit. Additional fees may be required if actual awe by T,,w Eiigk of DeptAy Tew eeeds this ~e Town costs to process the appeal exceed this initial deposit amount **Includes $25 Technology Recovery Fee. Town Council Resolution No. XX-2013 Effective 03\-\2013 Page 2 v> Z b P d CD r-I o" o o w v~ ~ trJ C2 C~ b n C~J bdP. w bd CD o'er. 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P.. z CD y A .1 A N N N N ~ N CD Cy/~ 0 d O A O r.. d d ~ N ~ CD eD 14 to NOTICE OF CURRENT & PENDING VACANCIES On Town Boards, Commissions & Committees January 2013 PLANNING COMMISSION DESIGN REVIEW BOARD HERITAGE & ARTS COMMISSION BUILDING CODE APPEALS BOARD BELVEDERE-TIBURON JOINT RECREATION COMMITTEE LIBRARY AGENCY BOARD OF DIRECTORS The following vacancies on Town Boards, Commissions and Committees are current or pending in 2013. Pursuant to Resolution No. 16-2007, the Tiburon Town Council will conduct interviews of interested applicants beginning in February 2013. Current commissioners whose terms are expiring may seek re-appointment for another term; commissioners who have served terms of less than two years are eligible for automatic re- appointment. Most Town appointments are made for four-year terms, effective March 1. Other terms are stated in the agency's by-laws, for instance, the Belvedere-Tiburon Library Agency terms are for three years and expire at the end of June. Applicants should be residents of the Town of Tiburon and have the time, interest and desire to serve on the board or commission, including attendance at regular monthly meetings and other activities. Some commissions, such as the Heritage & Arts Commission, are comprised of residents of both Tiburon and Belvedere, or the Tiburon Peninsula. Applications can be obtained at Town Hall, 1505 Tiburon Boulevard, or from the Town's website, 1vwvti,. ci. tiburon. ca. us (click on "Useful Forms''). You may also contact Town Clerk Diane Crane Iacopi at dcranekci. tiburon. ca. us (tel: 43 5-73 77) for more information. TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES ON BOARDS, COMMISSIONS & COMMITTEES JANUARY 2013 PLANNING COMMISSION Appointee Appointed • John Kunzweiler 2004;2005;2009 DESIGN REVIEW BOARD Appointee Appointed • Greg Johnson September 2011 HERITAGE & ARTS COMMISSION Appointee • Elizabeth Merrill • Ric Postle Appointed June 2012 April 2010 (resigned Dec. 2012) BUILDING CODE APPEALS BOARD Appointee Appointed S • Chuck Clemons April 2012 ,.G~ • Rich Ostaggi June 2012 Term Expires 2/28/13 Term Expires 2/28/13* Term Expires 2/28/13* 2/28/15 Term Expires 2/28/13* 2/28/13* BELVEDERE-TIBURON JOINT RECREATION COMMITTEE Appointee Appointed Term Expires • Jane Jacobs 2008; 2011 2/28/13* • Jerry Riessen 1992; 1999; 2003;2007;2011 2/28/13* BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF TRUSTEES Appointee Appointed Term Expires • Beverlee Johnson 2007; 2010 6/30/13 *Appointees who have served terms of 2 years or less are eligible for automatic reappointment pursuant to Town Council Resolution No. 16-2007. Courtesy Copies to: The Ark (for publication on January 23 & 30, 2013) The Mai-in Independent Journal Notice Posted at Tiburon Town Hall and Belvedere/Tiburon Library 1/16/2013 Page 3 of 7 1/16/2013 Page 4 of 7 Page 5 of 7 1/16/2013 1/16/20 13 Page 6 of 7