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HomeMy WebLinkAboutTC Agd Pkt 2013-05-01TOWN OF TIBURON Tiburon Town Hall Tiburon Town Council 1505 Tiburon. Boulevard May 1, 2013 Tiburon, CA 94920 Regular Meeting - 7:30 p.m. AGENDA 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. PRESENTATIONS • Annual Heritage Preservation Award -Jack Fiorito, Recipient • Introduction of new Town Employee, Kyra O'Malley, Assistant Planner ONSENT 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 April 17, 2013 meeting (Town Clerk Crane Iacopi) ACTION ITEMS Building Permit Extension -Consideration of building permit extension and related fees for a single-family residential project located at 110 Gilmartin Drive (Building Official Fred Lustenberger) Property Owners: Stuart and Gina Peterson AP No.: 309-171-12 2. Rename Multi-Use Path - Consider recommendation by Heritage &t Arts Commission to rename Richardson Bay Lineal Park (aka Multi-Use Path) to "Old Rail Trail" (Town Manager Curran) TOWN COUNCIL REPORTS i TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest -April 19 &z 26, 2013 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, ,A ww.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. C<__-1_ / TOWN COUNCIL MINUTES CALL TO ORDER Mayor O'Donnell lar meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesd , April 17, 2013,16 Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT:' COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell Collins (excused) PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session and conducted an interview. CLOSED SESSION - 6:45 p.m. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 claim INTERVIEW - 7:15 p.m. (For vacancy on Heritage & Arts Commission) • Phillip Ramirez, 111 Ned's Way CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor O'Donnell said there was nothing to report on the matter discussed. ORAL COMMUNICATIONS None. DRAFT Toga n Council nutes #XX -2013 April 17, 2013 Page 1 PRESENTATION • Marin Clean Energy award of "'Green Power Community" designation to Town of Tiburon (Justin Kudo, Marin Clean Energy) Justin Kudo, representing Marin Clean Energy (MCE), said the Town of Tiburon exceeds state energy usage requirements through its participation in the Marin Energy Authority (MEA) and therefore is eligible to become a Green Partner Community, according to the Environmental Protection Agency (EPA). Mr. Kudo said the Town of Tiburon was ranked No. 13 in Green Power Communities nationwide and he presented the Council with two signs that could be displayed at the entrance of the town to inform residents of this designation.. Mayor O'Donnell asked Mr. Kudo how many Tiburon residents had signed on to Marin Clean Energy. Mr. Kudo did not have the exact numbers available, however, he described the levels of energy available to residents through MCE. Mr. Kudo noted that he had worked with Councilmember Collins who, he said, had been a "strong voice" on the Marin Energy Authority Board. The Council thanked him for his presentation and then took several photos to send to Councilmember Collins to memorialize the occasion. CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of March 6, 2013 meeting (Town Clerk Crane Iacopi) 2. Lyford Drive Parking Project - Adopt resolution accepting project as complete and authorize filing of Notice of Completion (Director of Public Works/Town Engineer Nguyen) 3. League of California Cities - Authorize Vice Mayor Fredericks to act as voting delegate for proposed League of California Cities Bylaws Amendments (Town Clerk Crane Iacopi) 4. Downtown Restrooms - Approve agreement with Sam's Anchor Cafe for maintenance of downtown restrooms and contribution to restroom renovation (Town Attorney Danforth) Town Manager Curran asked the Council to remove Item No. 4 from the Consent Calendar. She said that while there was agreement between the parties, the actual written document had not been received in time for the meeting tonight. She said it would be on a subsequent agenda. Councilmember Fraser asked to remove Item No. 1. He made a correction on page 4. DRAFT Town Council Minutes #XX -2013 April 17, 2013 Page 2 MOTION: To adopt Consent Calendar Item Nos. 2 and 3, as written. Moved: Fraser, seconded by Doyle Vote: AYES: Unanimous ABSENT: Collins (excused) MOTION: To adopt Consent Calendar Item Nos. 1, as amended. Moved: Fredericks, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Collins (excused) ACTION ITEMS 1. Marie Telecommunications Agency - Recommendation to adopt resolution authorizing the Mayor to Execute the First Amendment to the Agreement of the Formation of the Marin Telecommunications Agency (Town Attorney Danforth) Town Attorney Danforth gave the report. She said that in 1998, the County and all cities and towns in Marin except Novato executed an Agreement of Formation creating the Marin Telecommunications Agency ("MTA"). The MTA negotiates and administers franchise agreements with various service providers. The Formation Agreement provides that the net franchise fees received by the MTA (i.e., the total franchisee fees received less the MTA's operating budget) shall be distributed to the members based on each member's percentage share of the total number of subscribers to the MTA franchise. Thus, under the Formation Agreement, the Town's percentage share of the net franchise fees paid by Comcast equals the Town's percentage of total Comcast subscribers living in the MTA's jurisdiction. The same distribution provisions govern MTA's distribution of AT&T franchise fees. Danforth said that AT&T and Comcast now operate their video programs in Marin under state franchises granted by the CPUC pursuant to the Digital Infrastructure and Video Competition Act of 2006 (known as ``DIVCA"). Under DIVCA, state video franchisees are not required to report their number of subscribers to local jurisdictions. Instead they must report their gross revenues for the purposes of calculating the local 5% franchise fee. She said that AT&T has refused to provide subscriber numbers to the MTA, thus the MTA has been unable to distribute the AT&T franchise fees to its members. Initially, the MTA received a very small amount of franchise fees from AT&T, but these fees have increased significantly and the accumulated funds now exceed $440,000. While Comcast has continued to report subscriber numbers to the MTA, it need not do so, according to the Town Attorney. Attorney Danforth said that the solution that the MTA Board arrived at was to change the formation agreement to reflect revenue instead of usage numbers, and that on December 12, 2012, the MTA's Board of Directors approved the First Amendment to the Agreement of Formation of the MTA. The Amendment will allow MTA to distribute the AT&T franchise fees and ensure that there will be no future delay in distributing Comcast's franchise fees, according to the Town Attorney. DRAFT Town Council Minutes #hX -2013 April 17, 2013 Page 3 Specifically, Danforth said that the First Amendment provides that the distribution of net franchise fees to the members of the MTA will be based on each franchisee's revenue report. Each member will receive franchise fees based on the gross revenues generated by each video provider in its jurisdiction. She said this change would result in a benefit to the Town of Tiburon of several thousand dollars. Danforth said that the MTA's new method of distributing Comcast franchise fees between its members will benefit Tiburon by several thousand dollars. She said Exhibit 3 showed the Town's quarterly distribution will increase by more than 13 She said the Town will also receive a lump sum payment of $558 as its share of the accumulated AT&T franchise fees. Franchise Fees are unrestricted general fund revenues. Councilmeinber Fraser, the Town's representative to MTA said that the Board had voted unanimously to move forward with an amendment to the Agreement after attempts to negotiate with ATT were unsuccessful. He said this left the Board no choice but to amend the agreement. He recommended approval by the Council. MOTION: To adopt the resolution, as presented. Moved: Fraser, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Collins (excused) 2. Appointments to Town Boards and Commissions - Consider appointments to fill vacancies on the Heritage & Arts Commission, Design Review Board, and Planning Commission (Town Clerk Crane Iacopi) Mayor O'Donnell noted the vacancies on the three commissions, as more fully described in the staff report. He said the Council had conducted interviews for these vacancies at its March 20 meeting, as well as tonight's meeting. He asked the Council if anyone would like to nominate any of the candidates for these positions. MOTION: Moved: Vote: MOTION: Moved: Vote: To appoint Gordon Cousins to the Design Review Board. Fraser, seconded by Fredericks AYES: Unanimous ABSENT: Collins (excused) To appoint Phillip Ramirez to the Heritage & Arts Commission. O'Donnell, seconded by Fredericks AYES: ABSENT: Unanimous Collins (excused) DRAFT Town Council Minutes #XX -2013 April 17, 2013 Page 4 The Council declined to make an appointment to the Planning Commission. Councilmember Fraser suggested that because the vacancy had only recently occurred, and given the importance of the position, it might be prudent to continue to advertise for a while longer. Mayor O'Donnell also noted the pending vacancy [in June] on the Library Agency Board. Town Clerk Crane Iacopi said the Town had recently received one application which had appeared in the Council Digest. She also said that the Council had interviewed a candidate last year who still had an interest in the position and had submitted a letter of continuing interest. The Clerk noted that Council policy did not require a second interview of this candidate. However, the Council thought it would be fair to ask him to come in for a second interview and directed staff to proceed with the scheduling. Town Clerk Crane Iacopi said that the interviews were tentatively scheduled for the May 15 Council meeting. TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT Town Manager Curran reported on plans to make improvements to the downtown restrooms. She said there was still no written agreement from the State for early termination of the lease but that progress was being made. She said that construction was now expected to commence on October 1; she noted that the Zelinsky Properties lease for the space precluded any construction during the summer season. Curran said that the delay in renovating the restrooms raised the issue of the current condition of the space. She reported that Sam's Anchor Cafe recently committed to perform a"face lift" to the restrooms consisting of cosmetic improvements such as new paint, replacement of broken tiles and light fixtures, etc., so that they would look better this summer. WEEKLY DIGESTS • Town Council Weekly Digest - March 22 & 29, 2013 • Town Council Weekly Digest - April 5 & 12, 2013 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 7:53 p.m. EMMETT O'DONNELL, MAYOR DRAFT Town Council Minutes #A -2013 April 17, 2013 Page 5 ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #XX -2013 A Ail 17, 2013 Page 6 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting May 1, 2013 Agenda Item: Subject: Building Permit Extension: Consideration of Building Permit Extension and Related Fees for a Single-Family Residential Project located at 110 Gilmartin Drive; Stuart and Gina Peterson, Owners; Assessor Parcel Number 039-171-12 Reviewed By: INTRODUCTION Mr. and Mrs. Peterson, owners of the property at 110 Gilmartin Drive, have been referred to the Town Council by the Building Official to determine the terms and fees associated with extending their building permit for the fourth time, pursuant to Chapter 13 of the Tiburon Municipal Code. BACKGROUND The Building Code Prior to 1994, a building permit could be kept active indefinitely. At that time, the Uniform Building Code adopted by the Town stated that a building permit would continue to be deemed "active" provided that the applicant called for at least one inspection in each six month period. This regulation allowed some construction projects to drag on for years, causing complications in the permit process and detrimental impacts on surrounding areas. In 1994, the Town Council amended the Town's adopted Building Code so that all permits were required to be completed within 18 months of date of issue. However, an applicant was entitled to an indefinite number of time extensions as long as the original permit fee was paid for each extension. The 18 month permit period made some headway against the abuse of the permit process that allowed a permit to be active for an indefinite period, but it did not entirely solve the problem. An indefinite number of permit extensions were still available, simply by paying the relatively minor permit extension charge. In February, 2002, the Town Council addressed the problem of indefinite extensions by adopting an escalating penalty schedule for permit extensions, intended to accomplish a number of things including: • Caution applicants before the permit is issued that failure to complete the project within the 18 month period will result in significant additional permit charges. TOWN OF TIBURON PAGE 1 OF 5 • Provide an incentive to complete construction projects within the 18 month permit period. • Penalize applicants who exceed the 18 month period. • Lessen complications due to code and regulation changes that might occur in the course of extended permits. • Recover additional inspection and record-keeping costs caused by extended permits. • Minimize negative neighborhood impact by reducing the number of construction projects that exceed the 18-month period. The 2002 amendments, which are still in effect today, also allowed the Building Official to issue an initial 24-month building permit for unusually large or complex projects. The current and applicable permit extension provisions of Chapter 13 of the Tiburon Municipal Code are attached as Exhibit 1. 110 Gilmartin Drive On June 23, 2010, the Town issued a building permit to Mr. and Mrs. Peterson to construct a new residence at 110 Gilmartin Drive. The project consists of the construction of a new single family dwelling with a garage, swimming pool, spa, and three accessory structures including a Yoga studio, garage and storage building, and a pool house, for a total of approximately 18,500 square feet. There are numerous site walls that have been constructed and extensive grading operations that have been undertaken to facilitate the project. Further, a building permit was issued on March 19 2010, to deconstruct the existing dwelling and four other accessory structures, totaling over 17,300 square feet, which were previously existing on the site. The scope, size, complexity, and construction methodology of this project have made this a challenging undertaking for the building contractor, Thompson-Brooks, Inc. According to long- tenured staff, when completed this structure will likely be the largest and most technically complex single family dwelling ever built in the Town of Tiburon, and it is requiring substantially more time to complete construction than is allowed under the Town's building regulations. However, during the Design Review process for this project, where neighbors and other interested parties have an opportunity to voice their concerns and/or objections, the complexity of the construction methods was either not known or not fully understood or communicated. The construction time duration has become a point of contention for some of the surrounding property owners who are most affected by the noise, dust, construction traffic, view obstructions, and other inconveniences associated with this project. Although these issues have been significantly mitigated by very competent construction management efforts on the part of Thompson Brooks, they are not without substantive negative effects. Unlike many projects in the Town that exceed their allotted time to complete, this project has not incurred any significant delays due to contract disputes, incompetence, finances, or design revisions. In fact, the project has apparently been well managed with as much work completed as can be reasonably performed at any given stage of construction given the quality-of-work expectations and the numerous esoteric design challenges that have been presented to the builders. However, there have been some relatively minor unforeseen contingencies that have delayed progress on the project including: subsurface soil conditions that necessitated several structural revisions; naturally occurring asbestos mitigation measures; undocumented fill located within the building footprint; and greater than anticipated ground water quantities, which delayed \la~' 1. __'l~t> construction in several areas of the site. According to Thompson-Brooks management staff, these conditions resulted in a "28-week delay" (or six and one-half months) in completing this project. Permit History The conditions of the building permit at issuance stipulated a 24-month timeframe to complete the work, which included the additional six months due to project size and complexity. This additional six months was added to the normal 18 months at no additional charge but does count as the first permit extension. A second six-month extension of the initial 24-month permit was issued on May 16, 2012, covering the period of time from June 23, 2012, until December 23, 2012. On December 19, 2012, a third six-month extension was issued covering the period from December 23, 2012 until June 23, 2013. The Reactivation Charges for these extensions, which include both a fee to recover the cost of providing Building Division services and a penalty for failure to complete the project within the allotted time, were $77,646 and $116,469 respectively. It should be noted that pursuant to Section 13-4.1.1 (3) 3 of the Tiburon Municipal Code, the second Reactivation Fee of $116, 469 represents a 50% reduction from the $232,938 in total charges that would normally have been associated with the third extension, if not reduced by the Building Official for reasons stipulated in Chapter 13 (See Exhibit 2.) To date, the total fees associated with this project that have been collected by the Building Division amount to $464,724. ANALYSIS The Issue Before the Council Section 13-4.1.1 (3) of the Tiburon Municipal Code requires that permit extensions beyond the first three, which can be approved by the Building Official, must be referred to the local appeals board. In this case, the local appeals board is the Town Council because the matter is administrative as opposed to technical in nature. Only technical disputes are reviewed by the Town's Building Code Appeals Board. As such, the issue before the Council is to determine: 1) if the time to complete the work authorized by the building permit should be extended, and if so, for how long; 2) the cost of the Reactivation Charge should the Council authorize an extension; and 3) any additional terms or conditions that the Council believes should be imposed to ensure and encourage a timely completion of the project. Criteria for Application of the Municipal Code Provisions Section 13-4.1.1 (c) (3) 4 of the Tiburon Municipal Code authorizes the local appeals board (Town Council) to reactivate (extend) the permit upon submission and acceptance of a completion schedule for the project and payment of five (5) times the original fee for each six- month extension period (which would total $388,232 per six-month extension or $1,164,696 for all three) as a Reactivation Charge, provided there have been no changes in the original plans and specifications. However, the Town Council may, in its sole discretion, reduce the penalty based on such reasons as the nearness to completion or the cause of the delay in completion. Subsection #5 essentially duplicates the criteria for subsection #4, except it further authorizes the Town Council to impose additional requirements, such as the hiring of a qualified construction manager by the owner, as well as the imposition of another fee equal to five (5) times the original permit fee (another $388,232) to reactivate the permit for an additional six months. 01 Ti N J~ W, I r .~i , 1, _Y i."i Based on communications with representatives of Thompson-Brooks, it is anticipated that the project will not be substantially completed until August, 2014. This would place the completion date well into a sixth permit reactivation time period (which is not addressed in the Tiburon Municipal Code) resulting in at least one additional Reactivation Charge equal to five times the original permit fee. If one were to assume the strictest application of the Municipal Code with no fee reductions for extensions authorized by the Town Council, the Reactivation Charges assessed for continuance of the project through its anticipated completion date would total $1,164,696. Essentially, the Council will be considering three additional six-month building permit extensions, commencing on June 23, 2013. As stated in the Municipal Code, the Town Council may consider reducing the Reactivation Charges for one or more of these extensions based on reasons such as nearness to completion and/or the cause of the delay. It may also take into consideration other factors such as the negative externalities incurred by the Town and its residents as a result of the ongoing construction activities. For example, this project has utilized copious amounts of very heavy construction materials such as concrete for the foundations and floors, Shotcrete (a cementacious product similar to concrete) for the walls and other architectural elements, and steel girders and beams for the frame. These materials have been transported via truck through town and up and down Gilmartin Drive on a regular basis for nearly three years now, and it is reasonable to conclude that the Town's roads have incurred some extraordinary level of wear and tear as a result. Although the initial permit included $132,694 in street impact fees, the Municipal Code does not authorize any further assessment of this fee to address the continued use of the Town's roads for transporting materials to the site. The Building Division will be required to continue providing inspections and other services to this project until completion, further impacting the Town's resources. It should also be noted that this construction project has had some positive effects to the greater community as well. It has continuously employed approximately 30 to 50 mid and upper-level wage earners for the past three years and, when complete, the new residence will be a substantial source of property tax revenue. Obviously, the brunt of the negative impacts from the project has been borne by the immediate neighbors. CONCLUSION Chapter 13 of the Tiburon Municipal Code gives the Council considerable flexibility in deciding the terms for this permit extension, including the amounts required for the Reactivation Charge. Accordingly, the Council has several alternatives for moving forward, including the following: • Straight Application of the Code: Follow the letter of the Municipal Code and impose five (5) times the original permit fee ($388,232) for each of the next three anticipated six- month extensions, totaling $1,164,696; require the submission of a completion schedule; and allow the project to continue until completion. • Incentivized Fee Schedule: Follow the general intent of the Municipal Code by progressively increasing penalties, but at a modified level, and apply two (2) times the original permit fee for the fourth extension ($155,292), three (3) times the original permit fee for the fifth extension ($232,938), and because they anticipate taking only two months of the sixth six-month permit extension, assessing a monthly permit fee equal to the full original permit fee of $77,646, and requiring the submission of a project completion ii~ Ill ILA l ~ ~ I t\ II schedule. This would total an anticipated $543,522 in Reactivation Charges before project completion. Lump Sum Approach: Consolidate the fourth, fifth, and sixth permit extension fees into one lump sum Reactivation Charge as determined by Council (somewhere between one and five times the original permit fee for each of the three consolidated six-month extension periods), which would range from $232,938 to $1,164,696, with additional fees and penalties assessed at a later date should the project exceed the time limits as stipulated in the submitted and accepted completion schedule. RECOMMENDATION Staff recommends that Council approve the permit extensions allowing the project to proceed through the anticipated completion date of August, 2014, and adopt an incentivized fee/penalty schedule (as per the middle alternative listed above) for payment of the Reactivation Charge that adequately compensates the Town for all incurred costs associated with this project and that recognizes the disruptions and inconveniences that have been borne by the surrounding community and adjacent neighbors. EXHIBITS 1. Permit Extension Provisions from Chapter 13 of the Municipal Code. 2. File memo dated November 27, 2012 from Building Official. Prepared by: Fred Lustenberger, Building Official 1 ~ , ~ " 11 1 -1,,1 Exhibit 1 1 1.'.:XC"•tw`'..7`pt f nvi Clap ter 1.. , ` i3Y-i3:on sa aialC.-wli a.l. C:(xie a {(f) No 1;F£yr'(7a;t. for rli;it+ i§'(?rri on 3 (71(tl~'j'ty sliall bx issued until all out5tandin4Y f to<4 fees. And/or penahb-, I,itr , Iwen paid a,=nd all insp c- tins cannrileted o:n %wuk perlor med under previ- atuslV-.iNstx:-d pert7iits that have not lien 1inraled and We ex,. A d by 105atican. (ord. No. 446 N.S., L; 2 (.part): Ord. No, 467 N-S., § 2; (")rd. No 5£11 "v.S,, I(C)) (Ord. Noy 52 N.S., § 2A,. 1-19-20H) ) Arti, lv Il. 1ec. nJcai (.-'odW 134 :`adoption by reference of technical codes. for tlae purpose of establishing prolaer regula.. thins ftir Rdiddigconstruction, Wr the installation o lal mhing, gas aat?la hntnes and electrical sys- tcrr & and Ar'tht: Vortage and Undhng of flarnmat- ble liquids, the codes or pcntious thereof set forth in this article are adopted and are made as part. of this chapter by reference without further publicsa•. Heart or pouring thereof, and not less than one certified copy, along a§kh die de;l ;th.mis <and 4xr ep. lions they froin and additions and a file nclr'nent: tl?eren shaaH be kcpt on Me fear use iari£.l exauhnr a. Heart by the public: in the off is of°the tows= c:lcrk. (Ord. N,"o 523 NS.. 213., 1-19-2011) 13-4.1 Building Code. `3`he `l°o n {:`ouncii kreby adopts, for the put. pow of l:) undirig rniAmum ri;qurrcrrients for the Protection of life:, limb, health, property, safety and a§c tie of the general public, that certain code known as the 2OW California (based on the International iiuildintg C'i:)dr, 2W9 Edition Wduili,, I and V lutn,: includirig the fi>Ila:xring appendices: Appendix Chaptcr 1. and Apyw idles-. F. 13, 1 <arid 3 an pubUdied by the ('ahf,:.,rniat. Builchng Standards Commission. in the; C a ifoirni,:i. Code of 1 tgulaticins, .I itlt, 24, fart 2, izc i rratltE r referred to as the C ithforni<a Building '.ititftf til7dlii~..._O!c': \u.._-.,•>.~,~2r.; ,{.'>rE.n:.;~ilettarl.. It,:E t r. I , F tt~. Sri. dt t?t'i.~>Fretxi to dl? , r(%A. lnf -at r. st-• the (.VI t.r:'•pa:.>33?.<o) List 13-4,1.1 CiodC', sav and VXce- it. soa 'h portions a m-c hcrt:- m aRr ,anwnded or.modifitrd by Section 13-4.1.1 of this chapter. (Ord, No, 523 NS, § 213., 1-19-20 11 I ,1Amendments ariatlt• to the 010 C alif rtida HWIdira C.;udc-, -I`lie California Bui1£lIg (Al de in <anierided V) read as #<a1lca,cs: St:ctiun I.< 5.1 i, <an,~mded to sea.d a fil.. ! oar :r. 1. )5'.l (:3etaerSal. ,iUbjC t to the I'?ro on l lartiv, irC,luding. C:'cadc i3f, ('i%i) 1'rocc tare Sec- tion 22_'41 et. sect., officers and a , tits of the buildin. official may e.nte€' and in pct pubht and pH t£' properties to sec to comphance with the ll'ovisions of this cod- and tho rule;s and regulst. 'ons promulgaI I y> the depart- nient of fit, sing and. cony unity develop- nlent. l'or lanai 'ations acid a itional infbi'm a- tion regarding f(Muemen see tile following: (The; reniainder (A this ,,e tion is unchanged.) (l:a) , ec:t.ion 1.8 ''.1 ' a.r ended to add the fop. 10' ira±,y setitetic,c; the:rrtta: Ilse lt3(:i:f.l "<appeds, bo l and the I?s>tring ap• peals boaard shall be. e. .boron Budding Code Ai.%1:ieal.s Board. rc) Chapter 1, t. vittcari 11 5 11-€t><3tfic:cl ass 1w,k's; (1) Sectio 104,6 t .aini n ed to add the rr>t r.l trig I:)]Ir w Zia tla:r t. d o dw last. , riduding;h. varrarr/ prof isionsof 'cation 182150 u sap of the Wde cal ProcQdure of the State o Cali f~.irni<r.'~ } Section 105,2 isi!.rritudcdtodeletes b.. sections 2, 4, . 6, anti 12. and to rf°s'5 tabs^i:£.tioirs 1 and os ti:s';bo-ws, Exhibit 1 IVx.l l iiSTI:~"'liiti2,r,:> t1r~i1Y' St:'L7Clitri5 P ,iding; the flcxar' area does n0 ex- wr d 120 square feet, the .A ti1.ur clsle< 1i'>t exLed tv lVe ft' i1laLigIj1. <as de led by _1rtid Section 16-100 e 1h,' '!`ib tin NItttlic:ipid and ie -uoure contaains no) lAunibing ect6cal cu- heating atpy& nt.eE. I'cairjtin paalvi-ing, 'ling, carpet- ing, enter tops and s. ilar finish m except t iaat repavin _ and ' /fit' striping of larking loo silt rL_ =quire it permit. (3) Section 105.5 is arnended to read as L All pc inks Asire,d by Ow l:hAdOga, (Jffic.i.al shall expire by limitation and becc71t1.E null and 'raid eighteen nacsnth s fr ut the date the I.WrIllit. is iY,L10it except as #0110"'s; it, where Ole; project is unusuatlly l a ~e .:Tr ct7ti1gT1 x, a t . -eraty4bur inm.mth perinit may be issued in dig re aasonabk! discretion o the Buile.linga Offic:ial at the time of initial application; or whether work to-gtan prompfly wafter Permit issuance, h,eth",I work was conducted on a re i.i. lar bads and any otVia t'ele"v ant facts. D• c'isi(,m-is of t1 Buds nig Official made; pajrsa M11 it,, dais paragraph may be appeal d to t.hc:1(1 ml appeals board. 1, Once.: the initial Ivrit'jit and/or ap- proved six 11-Iont:lj extension has ex pined. a Stop Work t7rdjc.r shall bo issued ii-nd work shall not recorri- ane:nce until the perinit is reacti- vated-Reactivation :hall be aa.llow•ed only if there have been no Changes in 1.111 oliginaa.) Plans and specifica- tions and a Reactivation Charge Oqua l to tfie full original fc:e is paid. A Reactivation C:'haar ec f'or pur- pose; of this section, is both a fee to recover the cost. of fyroviding=;: d- diti(ana11 building inspection divi- Sion services and as penalty for fitil- tyre To con'tplete the project within ttle. allotted ti.rlle. A peimit .reac:ti- vatedunder this subsect.icin;>11ar11I , valid for six morit:hs 6-0171 the date of initial expiration. b. Where the porn-jittee has pro- 3. 11' the pr(sJect is riot Completed cceded witli due diligence and within the six month extension al- rriae.lc Substantial progress I:ut lowed udder subsection (2) above, a is unable to Comple'tj` The pr(.?}- Stop Work Order shall bc issued (M et t [),Lca ssf of unforeseen cir- the date of eNpiration and w'in'k ("urn stane:es beyond the Conirt7l s1h.all not recornmence unIif lhc per- of the I) trj'r2ittei, one exl.en'>i(,.m init is ra itctiv",'akd, 1 c ictivaation of Of Lip TO SiX 111Ur1t11S MAY 1•?C. the pe.1"1nit f6t- as Second siv,, month ggr aniod. ti',II'jout payment o period shall beatlo ed only if Isere additional le s n ;'onaltiia,S fit ha:v bctna no change in the onjgi dot-rannijjg Mhcihcr due dih. nad Plans amd 3pec_if`jcaa:tions and a gt,'ii;{.' has 1?c',dai3 i'r(`i:>eLl, the 1 taai;tlr atjS?t) {.11ilig?c' (eliaatl it tllt't f.1 ilefirl`.', ~gf°tCiag ';h<Ell i.t n 'ii1e 2' imic s thc frill ('j g',nl d ai c p_:'cf Exhibit 1 1.1.--3.1.1 The Building Official tnay, In hi; ill ol'cfer to promote swift comple- sOle di~.crction, redUCe tile j>C11'Abi ion based on such reasons a6 the 1')r())- reaact.avale the p e-11711'! upfill I.mp()s1- co' € earn'Wss it.) Completion and/or Lion of a n sl;ich (:Ontl it i(>li4 Cf (4'ila%() the CatISO Of tli_' delay, A permit reasonable, and l:)ayrrcni r,.i1' figc rez,i tivated t€ndcr thi:> ul ecti()n limes t.hu full orTinal fee as <:i Re. hall tic; valld f(3f an additional six activation ("ha rg , provided ill at months front the date of Initial ex- there have bice,n € o chaing ~ ill the l'?lI'aEtit)ra. Oligl(11t1 plans ain(] specifications. t, the l)i'( )ect l Jim c()ail plctct.f Sc S: Ai( I 1. ~ 1. ttialealds;i:f SU rei:is1 a within the six month extension al- vllows: lowed u.rider subsection (3) above, i:l Stop Work Order shall be issued )9.2 Schedule of fires. and the maatler referred to the local Cpl builditli'ti, strtl. tar( s, electrical, t as. a pl.vaais board for resolution. "3,h MeC ianlcal iand plumbing systel ali- local appeals f)tlatlt.l irlltl' reactivate ts✓rait )nS m-C1t.lirtrlg <i l>L'`a':rTaiC, a c (69' the lvrm.it upon 5tibmission and each l.'rill it shall IV r'etltllTe a", set acceptance (,t 7.i tiompl(t.ion sched- 6(7r'1.h €1' the Boil( nig Divi, oil F(.-c the for tine project and paaynient of Schedule adopted by r%:s ution of fib`s'; t.irnes the full original fee as a t.}le. Ti}' u ')n 'F own ( incil and Reactivation . Charge, and provided airne idea f m t.inle to tt C. that there have been Jul i:'.llariges in the original phins and specific.- (tl) Section 109. is a:rlae'n ed to read a:5 'tons. The loc.lil i.appe'lls th-mrd I na y f'c>llows: €rl ltS SO]e (11vu€etit.)n, l((llls;e. the pen- - alty bawd oil such reastlns as the 109,4 1kc7a'f! corn l i(:ltlr; lls.'Ctir: p;l'- prc)ject'S nearrje S to Completion mi£ issuance, atndi or the cause of tile delay. Ale.- person w'ho (.)ill wi1(:es tangy- work fl t.1le project is 1102 Completed wit.htmit. a. pe;rn on a ltlldiile- St.ruc- it:hin the six month extension al- tur~, electric, ; gas, i echanic:al o lowed under subsection (4} above, l-lumbingsy em before, btlaininv!lie; i or Pursuant it:) this sltf~wcton (5), it rl('i::estialrY p '1l'1114 Sltai}l he. 'ail~Ject to it SCt7J? A"i)l't. Order ala<all be 1stleif l)( Halt p' i. t. fiot'th ill 1 li,' 'll'S Scllcd- and the irlatier referrer} to tlae loc a.l talc; of l"1 '4, e:stab.ll iied by ~solutli:)1l at l)l)fr'ial;7 board fOr 1ht. i)f "he: _-ibur4?n Tt)t4'1"i t-.Qtil 'li and local appeals board salay impose ad- amen( XI fron) wYW, to time. ditionaa rtgtitremellts, Such as the (7) Sect' )21 *11 l is amended i')v ad ill' rwteritic)11 of a qualified contraaclor Cll c)llowinf eartence theicto: fc)r c)v~~tier/ t:uil(lerl>€'tzjectsor retell tio,n of 1 yl:slified conzliuction he boiird i)f <ilpo :ik shall he flie fora comlrict,'(.f prt:,tccl' libuton Buil fits?6,f°rf; ;?il)j_)C it l:tlJaTd;l 91 Town of Tiburon MEMORANDUM TO: File Exhibit 2 FROM: Fred Lustenberger, Building Official SUBJECT: 110 Gilmartin Drive Permit Extension DATE: November 27, 2012 Permit number 10-173, which was issued for the construction of a new single family dwelling and associated structures located at 110 Gilmartin Drive, was renewed for one six- month extension effective June 23, 2012. It is due to expire again on December 22, 2012, and, because the first such extension was included at no charge with the initial permit issuance, must be renewed for the third time in order for work on the yet unfinished project to continue. Per Tiburon Municipal Code Section 13-4.2.1 (3) a reactivation charge equal to three times the original permit fee (or $232,938.00) must be paid in order to extend this permit at this time, unless reduced by the Building Official based on such reasons as the nearness to completion and/or the cause of the delay. Pursuant to this section, I have determined that this project does qualify for a partial reduction of the penalty fee based on the following: • The project has been well managed and has proceeded without any delay in construction operations. The general contractor, Thompson Brooks, Inc., has adhered to the Town's work rules concerning hours of operations, requesting required inspections, job site erosion and sediment control measures, and daily clean up of the adjacent street and public right-of-way areas. • The project has incurred several delays that were beyond the reasonable control of the contractor and could not be anticipated in advance. These include: subsurface soil conditions that necessitated several structural revisions; asbestos mitigation measures; undocumented fill located within the building footprint; and greater than anticipated ground water quantities, which delayed foundation construction in several areas of the site. (See attached letter dated November 13, 2012, from Patrick Davis, Senior Project Manager for Thompson Brooks, Inc.) • There have been relatively few complaints from neighbors and other interested parties concerning dust, noise, job site parking, or other concerns normally associated with a construction project of this magnitude. And when made aware of these complaints the site superintendents took immediate actions to proactively address them. Town of Tiburon MEMORANDUM • The project is quite extensive, complex, and employs numerous esoteric and unique construction methodologies that by their nature require much more time to complete than those typically associated with the construction of a single family dwelling. However, the project is at least one to two years (or more) away from completion, effectively eliminating "nearness to completion," as stipulated in the Municipal Code, as a rationale for penalty reduction. Because it is desirous and the intent of the Municipal Code that Town residents not have to live in close proximity to perpetual construction projects, it is reasonable and fair that some level of additional cost be incurred for continuation of this project. In consideration of the above, the renewal and penalty fee is set at 1.5 times, rather than 3 times, the original permit fee, totaling $116,469.00. Page 2 of 2 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Manager Town Council Meeting May 1, 2013 Agenda Item: Subject: Consideration of Recommendation by Heritage and Arts Commission regarding renaming the Richardson Bay Lineal Park (also known as the Multi-Use Path) to Old Rail Trail Reviewed By: 1k BACKGROUND The Town's Naming Policy calls for the Town Manager to bring recommended place names, whether for a new facility or to rename an existing one, to the Heritage and Arts Commission (H&A). H&A then makes a recommendation to the Town Council for its consideration and decision. For some time now the Marketing and Communications Task Force (M&C) has been considering whether there might be better, more descriptive and attractive names for several Town facilities. One such Town asset, the Richardson Bay Lineal Park (its formal name in the General Plan), which is also known as the Multi-Use Path, struck M&C as particularly misnamed. M&C urged that the path be renamed Old Rail Trail to better capture its historic character. Exhibit A, the memorandum provided by the Town Manager to the Heritage and Arts Commission on this matter, explains M&C's basis for seeking this new name. On April 23, 2012, H&A met to consider this recommendation, and voted unanimously to endorse the new name. In doing so, they expressed agreement with M&C's thinking, and went even further, talking about opportunities the new name might represent to creatively improve signage or even form the basis for a community event celebrating the Town's railroad history. Draft minutes from the H&A meeting are attached as Exhibit B. FINANCIAL IMPACT Changing the path's name to Old Rail Trail would result in minor expense to change signage related to the path. Changes to the many references to the path in the General Plan, Municipal Code and other documents would occur as those are periodically updated or other opportunities present themselves. TOWN OF TIBURON PAGE 1 OF 2 ToNvn Council Meeting May 1, 2013 RECOMMENDATION Staff recommends that the Town Council: 1. Consider the recommendation of the Heritage and Arts Commission to rename the Richardson Bay Lineal Park, aka Multi-Use Path, to Old Rail Trail. 2. If Council wishes to rename the path as recommended: a. Move to approve the Resolution officially changing the name of the path to Old Rail Trail; and b. Direct staff to modify Town signage to reflect the new name and correct references to the path in the Municipal Code and other documents over time as circumstances permit. i Exhibits: A. April 10, 2013 Memorandum from Town Manager to Heritage and Arts Commission B. April 24, 2013 Memorandum from Heritage and Arts Commission to Town Manager C. Resolution Prepared By: Peggy Curran, Town Manager TO\\ y of-TIlU POX Page 2 of 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Date: April 10, 2013 To: Heritage and Arts Commission From: Peggy Curran, Town Manager PAHIBIT NO. A Subject: Request for Recommendation to the Town Council Regarding Renaming Richardson's Bay Lineal Park Residents and visitors refer to the path that runs down the Tiburon Peninsula in many ways. Its official name in the Town's General Plan is the Richardson's Bay Lineal Park. It is more commonly called the Multi-Use Path, and often simply the bike path. It is a local treasure: 2.5 miles of flat, nicely landscaped path with beautiful water views and vistas of Mount Tam, Sausalito, Belvedere, the Golden Gate Bridge towers and even glimpses of the city. The Town's Marketing & Communications Task Force, which includes Councilmembers Fraser and Collins, believes the Town would benefit from a more appropriate name for this remarkable amenity. No one uses the official name. A Multi-Use Path could be anywhere, in any town. It sounds utilitarian and functional, and fails to conjure any images of the path's location or history. The M&C Task Force spent quite a bit of time pondering an appropriate name. Both "path" and "trail" were weighed as part of a name, as was a reference to its bayside nature. It is part of the larger Bay Trail, and for that reason the name bay or bayside trail or path was rejected as being too regionally generic. Many cities and towns have bay trails and paths. In the end, the group came to consensus that the perfect name would be Old Rail Trail. The path is, of course, on the old railway right-of-way. The Task Force thinks the Town should do more to embrace its railroad history, which is truly distinctive in Marin and in the history of building and supplying San Francisco before the Golden Gate Bridge was built. Renaming the multi-use path to reflect this history helps achieve that end. In addition to its advantageous brevity, cadence and rhyme, the name conjures history in two ways by employing both "old" and "rail". The rhyme of "trail" with "rail" made it a winner over "path". In sum, the Marketing & Communications Task Force would like you to consider the name Old Rail Trail for recommendation to the Town Council. I look forward to speaking with you about this interesting prospect! Thank you, Peggy Curran TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 ~NHTBIT NO, B MEMORANDUM Date: April 24, 2013 To: Peggy Curran, Town Manager From: Azita Mujica Beavers Chair, Heritage & Arts Commission Subject: Rename Richardson's Bay Lineal Park Thank you for appearing at the Heritage & Arts Commission meeting last night and presenting us with the interesting task of considering a name change for the Richardson's Bay Lineal Park, also known to most as "the bike path". The Commissioners were interested in the whole background of the Marketing and Communications Task Force efforts to revitalize and more effectively tie in so many features of our beautiful town to their historic past. The idea of renaming the path to "Old Rail Trail" seemed to the commissioners to be the perfect combination of an historic, short, catchy, and rhyming name. They also had a few suggestions that the Task Force and the Council might consider worth a follow- up in conjunction with the renaming: 1. Install signs at both ends of the path welcoming travelers and giving some history of the "Old Rail Trail". 2. Organize an "inauguration celebration" for the path and its new name. 3. Possibly replace a Labor Day Parade with a parade down the path. In sum, the Tiburon Heritage and Arts Commission has supported your request for a recommendation to the Town Council renaming the Richardson's Bay Lineal Park as the "Old Rail Trail". This was confirmed by a unanimous vote of the commission at their April 23, 2013 meeting. Draft minutes are attached. Thank you for the opportunity to weigh in on this great idea. Azita Mujica Beavers, Chair Heritage & Arts Commission EXHIBIT NO. C- SOLUTION WILL BE PROVIDED NEXT WEEK 5-- l-l3 SU 1P4,EMEiv74L .ZTEM RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CHANGING THE NAME OF THE RICHARDSON'S BAY LINEAL PATH TO THE OLD RAIL TRAIL 41o. s9r-L WHEREAS, the Town of Tiburon owns and maintains a scenic path on the shore of Richardson's Bay for the use of pedestrians, bicyclists and other users; and WHEREAS, said path's official name is the Richardson's Bay Lineal Path, but it is also commonly called the Multi-Use Path, the Peninsula Path and the Bike Path; and WHEREAS, the path is located on the former railway right of way and thus is intimately linked with the Town's distinctive history as a vital railroad supply link to San Francisco before the construction of the Golden Gate Bridge; neither the path's official name nor its nicknames reflect the path's special character and history; WHEREAS, the Heritage and Arts Commission has recommended that the path be re-named the "Old Rail Trail," a name that both evokes the path's history and current use. 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Un s ~ rD ~ O n Q N ! ■ LW J t 6 I not 1".l lk ®•7 ~'t.°1WJ i A I ~ LW1 Larch 14, 2013 Fred Lustenberger, Building Official Town of Tiburon, Building Division 1505 Tiburon Blvd. Tiburon, CA 94920 Re: Permit Extensions: Permit 10-173 - 110 Gilmartin Drive Permit 10-174 - 2 Gilmartin Ct. UTE MAIL 'a r L U 10,V N GLERiK I"OWN Or TIBURON Dear Fred, 1 am writing to you in regards to the permit extensions for Permits 10-373 (expires on 6.22.1.3) and 10-174 (expires on 5.15.13). As you are aware of, conditions occurring on the 110 Gilmartin Dr. project (Permit 10-173) have affected our schedule. Per my previous correspondence to you, the following is a recap of the significant factors which have impacted the overall project duration: s Bedrock levels that required changes in structural designs and longer scope durations. 0 Naturally Occurring Asbestos (NOA) discovered on site and impacting the space on site until an acceptable dumping location was located and the requirement to off haul the piles before the 2010-2011 rain season. • Undocumented fill that had to be removed and replaced with competent soil per the direction of the Geotechnical Engineer. • Ongoing water issues that has slowed down the progress at the structures and site walls. New State Water Resources Control Board Requirements that came into effect in July 2010. In addition, the complex nature of building a house of this magnitude has created various challenges to meet the needs of the owners, the desired outcome of the Architects, as well as the regulations set forth by the Town of Tiburon. The coordination from the design phase and value engineering, all the way to the construction phase we are currently in, is ongoing and has required a significant amount of effort and time by all project stakeholders. I have attached an updated project schedule for your review. As you can see, we are anticipating project completion during September 2014. With this completion date in mind, and the above conditions that were beyond the control of Thompson Brooks Inc. or the owners, we are requesting that the Town of Tiburon consider a cap of the permit fees based on the information provided. It is our understanding that to renew the permit again, we will be required to appear before the Town Council. We are happy to go before the Council members and explain the specific conditions of this project and the reasons we believe our clients should not be penalized by imposing "fees up to five (5) times the full original fee." This project was granted a Floor Area Exception by the Town of Tiburon Design Review Board on 1.21.10. Although the standard Floor Area Guidelines are for 8,000 sf, plus an additional 750 sf of garage space, the proposed floor area 151 'ro'EP.fi1ONT SfiWEET --R SAN FRANCISCO CA 94103- 4 15-58 1.2600 415.581.2601 www.thonipsonbrooks.c< for this project is 18,578 sf. With this in mind, we feel the Town should give special consideration to the time it will take to build this size of house that was granted by its own Design Review Board. in addition, the lot size of 110 Gilmartin is 133,500 sf., which exceeds the Town of Tiburon minimum lot size of 40,000 sf by 93,600 sf. Based on this information, three residences could have been built on this lot. With the eighteen months required by the Town to complete a project, this would equal to 54 months to complete these projects. This equals a total of 4.5 years, which is beyond the time we are projecting it will take to finish the work at 110 Gilmartin and 2 Gilmartin Ct. If three houses had been built, one after the other, and it took 18 months per house to complete, the permit fees would not be any higher and the project would not be penalized for talking 4.5 years, as is occurring now. We are requesting that no additional permit costs be charged to the owners, based on the fact that they have already paid penalties of $199, 931 which they would not have had to pay if they had chosen to build three houses in sequence instead of one house. Lastly, the City of Belvedere offers similar sizes of residences and does offer relief to owners who do not complete their projects within the eighteen months required by their own rules and regulations. According to their Construction Time Limit (CTL) and Penalties, "Every building permit which is subject to a design review is assigned a date at which time all work must be complete and approved by the City. The time varies between 6 and 18 months, based on the project valuation. If a project is not completed by that. date the owner may be fined up to $1,000 per day, to a maximum of $200,000, by the City Council." With $199,931 already paid in penalties, the owners of 110 Gilmartin have almost already reached the cap used by Belvedere. We feel that we have worked diligently to keep the Town updated on the progress of this project, worked within the codes and regulations set forth by the Town, as well as state and federal regulations, and worked well with the neighbors to decrease complaints during the construction process. We appreciate all the help you have provided to us on this project and hope to continue our good working relationship during the negotiations of this issue. Thank you in advance for reviewing our requests for extending Permits 10-173 and 10-174 and capping permit fees at the amount already paid, $475,726, of which $199,931 has been in penalties. We are available to meet with you in person if you have any questions regarding the information above. Please feel free to contact me at 415.581.2618 with any questions. Regards, Patrick Davis Senior Project Manager 1 ~t Ni WI N N: V: N: N N N: N; ~ N: ~ +E f ~i tp' W: J: ~i Ol A: w: N: O: t0W: O: N: A W: N' D' c0 mr J O{ N w{ Ni O: 12 La:. w La.d'. Ca5 Lo Eat Est w tab w w w. w w w--. W, tai 12 W ELI w 12 [aY Z A ~ D n N z O N O D~ 9 O v. m a D N z m 1 A w m ti . A n. m: x A O m- . D m m c O x r A O z :F Z: 'd y . (a O O r A H z n 9 m O D a r v m z c r m co z m 9 C m O T z o z c z n o 1 n D O C m w:3 ~iq Z (1: ( 2' m m m Z C. D D A: m: 0 A 0 z O y A D V m' C C: E f N D O- D T m D. ca ca 3 A r D 0'. N- G1 N CCp -1 A N m ~ A ~ 0; ~ m'. n A. r z D v T a m m O c Z z z m. o`. 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D 5 z ~ ~ m < A S O ~ q r F ~ O Z m 1n" O A N ' D O O Z O P .D 4 N _ Z ~ ~ O !w a o 3 T z D r 'o 1 N S D 4 z N A m N A I M N m X m ~ D O a F N 4 w p q ;A N O o Z O co) c o n O Z CO) J m v C r - m 11A;' LATE MAIL i ,4 LI _ .'v Jr'Ui Response to Courtesy Notice of Public Meeting Re: Extension of Building Permit 10-173 at 110 Gilmartin and adjoining property on Gilmartin Court, Tiburon, Ca. We have been informed by mail and by courtesy telephone call, that the Town Council of Tiburon will meet May 1, 2013 to consider an additional 6 month extension of the building permit of the above properties and associated penalties pursuant to Chapter 13, of the Tiburon Municipal Code as amended and approved,in 2002 to avoid building projects extending beyond 18 months. According to the staff report posted on the town website April 26, 2013, the current construction manager apparently stated to the Building Official that the project would be "substantially completed" by August 2014. This would mean that three additional extensions would be required at least with resultant "penalties" to comply with this projection. This construction project, the largest in the history of the community has been under way for three years at this point. Mr. Lustenberger states that: "obviously , the brunt of the negative impacts from the project has been borne by the immediate neighbors", which we are, at 5 Gilmartin Ct., Tiburon. Additionally, he goes on: "The scope, size, complexity, and construction methodology of this project have made this a challenging undertaking for the building contractor, Thompson-Brooks, Inc." And he adds, "During the Design Review process for this project, the complexity of the construction methods was either not known or not fully understood or communicated." These comments by the Building Official are self-evident. The responsibility for this project rests with the building contractor to communicate its complexity and more importantly to complete the project in a manner that is timely and in accordance with the prescribed by the Municipal Code. This request for multiple 6 month extensions clearly violates the Code, continues to "challenge" the tolerance of the neighbors for the " noise, dust, construction traffic, view obstructions, and other inconveniences associated with this project", as stated by the Building Official in his staff report. In fact, the welfare and safety of the town has been affected most notably by the runaway dump truck, March 28, 2011, narrowly avoiding a catastrophic collision on Tiburon Boulevard with vehicles and pedestrians. Contrary to the comment that this project has employed "30 to 50 mid and upper wage earners," at best, at any time, there are no more than 10-12 workers on site, and this simply is one of the principal causes for this remarkable delay in completion of a project scheduled for 24 months. In May, 2012, I met with the Building Official at the Town to seek recourse for the noise and seismic damage to our home that the continuous grading of the project caused. This was also reported to the Principal, Judith Thompson. At the time, I was told that the project was not even at the mid point. In the memorandum, attached to the staff report, dated November 27, 2012 it is stated: " the project is at least one to two years (or more) away from completion, effectively eliminating `nearness to completion.' as stipulated in the Municipal Code, as a rationale for penalty reduction." It mystifies me, that as recently as 6 months ago, the Building Official did not know of a completion date within a window of 2 years "or more". As a property owner and resident of this community, residing at 5 Gilmartin Ct., for over 20 years, we have put our trust in our fellow citizens on the Design Review Board and the elected officials serving on the Town Council to maintain fairness and oversee the welfare for our town and our immediate neighborhood. The Municipal Code and its amendments are clear, and in effect, and it is our trust that you will apply them as they were intended, and that an "exception" because of this "esoteric" design not be granted. In addition, Thompson-Brooks, Inc., has time and time again misrepresented the completion date, and the apparent complexity of the project continues to do so. In the interests of our neighborhood and the integrity of our town's review process and with respect for the Municipal Code, we request that the Council follow the mandate and "impose additional requirements, such as the hiring of a qualified construction manager by the owner" as noted in the staff report of April 26, 2013. Respectfully submitted, Mark I. Singer a' Judy A. Singer Residing at 5 Gilmartin Ct., Tiburon, Ca. Please see photo attachments for review. A)*: Ab As bs alfsAd MI - 'O Q of. .00~ oho 0 o, . °o OO DO , OGO o> 'oo ~o o, o 0 1°0 a J fO 0 r~. X00 ojo o„ '1! OOA, 'Ll O, . a Aft OL, °o A?' O'r. A 00 On AL O, ' ~o O` 00 .is ~j '00 A 11o. o o D fU o n - ra n a b 3 n p C O e 3 ro J• 0 1 { o CL *pC C co op C (D :Do O Q ~ C Q n 00 M 2 D S C 'TI C O (f~ ;u w m M m N d N Te, r-~ ~N 15-Minule Trallic t/nIumo g ~ S ~ W 61 1,-( /-1.3 .Tc 41~ h7~ TC