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HomeMy WebLinkAboutTC Agd Pkt 2013-11-20TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon Town Council November 20, 2013 Tiburon, CA 94920 Closed Session - 7:15 p.m. Regular Meeting - 7:30 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION - (7:15 p.m.) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Decision whether to initiate litigation pursuant to subdiNdsion (c) of Section 54956.9 CALL TO ORDER AND ROLL CALL Councilmember Doyle, Councilmember Fraser, Councilmember Slavitz, 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 TOWN EMPLOYEE • Public Works Maintenance Worker Pete Velles PRESENTATON • Marin Emergency Radio Authority - Update on future system improvements (Dave Jeffries, MERA Special Projects Manager) CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes -Adopt minutes of November 6, 2013 regular meeting (Town Clerk Crane Iacopi) 2. Uniform Construction Codes Updates - Adopt ordinance amending Title IV, Chapter 13 of the Town Code to adopt by reference and with modifications the latest State - authorized Construction Codes (Community Development Department) 3. Measure A (County -wide Sales Tax Measure for Parks and Open Space) Funding Agreement - a) Adopt resolution approving and authorizing the Town Manager to sign an agreement with the County of Marin for the collection and disbursement of Measure A funds; b) Approve budget amendment (Town Attorney Danforth) 4. Commendation - Adopt resolution recognizing former Mayor Denis Rice for his contributions to the Tiburon community on the occasion of his moving across the country (Office of the Town Clerk) 5. Transient Occupancy Tax Allocation - Adopt resolution regarding allocation of Transient Occupancy Tax revenues for purposes of marketing Tiburon (Town Manager Curran) PUBLIC HEARING 1. 26 Apollo Road - Appeal of Design Review Board decision to deny a request for Site Plan and Architectural Review to construct a new single - family dwelling located at 26 Apollo Road (Planning Manager Watrous) Owners /Appellants: Suzanna and Nikita Bell Assessor Parcel No.: 034- 271 -13 TOWN COUNCIL REPORTS • Update from Councilmember Fraser on marketing and communication TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digests for November 8 & 15, 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, www.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. FREQUENTLY ASKED QUESTIONS ABOUT MERA 1. What is MERA? The Marin Emergency Radio Authority (MERA) is a Joint Powers Authority in Marin County formed in 1998 to plan, implement and manage a countywide public safety and emergency radio system for the use of all member agencies. Twenty-five member agencies use MERA routinely, encompassing every agency dealing with public safety in Marin County. Several other public safety partners also have access to the MERA communication system, including California Highway Patrol, Golden Gate Bridge District, Marin Humane Society, Golden Gate National Recreation Area and the Coast Guard. 2. Can I use it in an emergency? Yes, you use it every time you call 911. MERA radio communications is the backbone of the 911 emergency response system. However, it is strictly for use by authorized public safety agencies and providers and cannot be used by private citizens. This is meant to ensure enough bandwidth is available during emergencies so lives can be saved in the most severe of disasters, including earthquake, flood or wildfire. MERA provides the communication link between 911 public safety dispatch centers and public safety units in the field that respond to emergencies. The MERA radio system gives the dispatch centers the ability to assign single or multiple responders (depending on the emergency) within just seconds of receiving a 911 call. 3. Do my tax dollars pay for this service? With the current system, MERA services are paid by member agencies, which are funded by tax dollars. The funding was designed so that each agency, and by extension each taxpayer, pays their fair share for the services they receive. For the Next Generation system, we are exploring a parcel tax paid directly by taxpayers to fund capital improvements. This would reduce the immediate impacts a capital plan would have on individual agencies, but member agencies would still have to pay for operating and replacement costs. 4. What challenges does MERA face? The system was designed in 1998 to accommodate 1,580 mobile and portable radios with expansion capacity to 2,500 radios. Today it serves 2,897 radios, which is significantly above the total that was originally anticipated over the 20 -year life of the system. The current system is not only used more extensively than expected, it is getting older and we must plan for a replacement system to ensure reliable emergency communications, both day -to -day and after a major emergency or natural disaster. 5. What would we gain with a Next Generation System? ✓ Sustained reliability during 911 emergencies and major disasters ✓ Better coverage due to more tower sites and other improvements ✓ New radios with updated technology for first responders ✓ Improved response times due to hardware and software upgrades ✓ Compliance with new regulations in force in the next few years ✓ Ability to expand users and number of channels ✓ Regional interoperability 6. Can we use parts of the current system with the Next Generation system? Yes. We intend to re -use as much as we can, but the primary re -use will be structures and tower sites — which is a large capital investment we retain from the last generation of MERA. Much of the technological equipment, however, will be at the end of its life cycle by the time the Next Gen system is up and running. In addition, we need to maintain the current MERA system during construction of the Next Gen system and until all MERA users have completed their transition to the new system. Rev. 7/22/ 13 7. Why can't we just use smart phones? This is extremely reliable, secure public safety equipment, designed to be used in the worst weather and hazardous environments. In addition, public safety officers need to talk in rapidly formed groups of users who cannot risk cell phone busy signals that might occur during and after significant incidents. We cannot risk your safety with damaged equipment, busy signals or the inability of the first responders to coordinate and manage emergency responses. Think of the number of times your mobile phone has dropped a call. We cannot afford to let that happen in a life or death emergency. 8. These systems seem expensive. What are the costs based on? The system is comprised of different parts that work together seamlessly to support our entire public safety communications network. This system supports not a single agency, but 25 member agencies providing cost efficiencies that none of the 25 individual agencies would see if they developed their own systems. The costs emerge from a variety of component pieces, each of which is complex in its own right. One early portion of the project is site development and upgrades, environmental compliance, licensing and leases. The next component is the backbone of the system that includes the radio communication system, site equipment and dispatch consoles. The microwave radio system that connects all of the sites is another portion of the system. Finally, we connect an estimated 3,000 mobile and portable radios that support the police officers, fire fighters and other employees that function on the system and provide the services we can all recognize. 9. Why was this particular system chosen as the replacement system? After years of study and input from every major public safety agency in the county, the consensus was an overwhelming "Yes" to the current proposal. We also had an outside firm review a variety of options (AECOM Report, April 2010) and they identified this Next Gen plan as the best option. Their recommendations were further reviewed by MERA members. Those efforts resulted in the current proposal. 10. How much will this cost? MERA has developed a replacement project estimated at $40 million. Funding would come from a mix of grants and a countywide parcel tax that if passed by voters would secure the necessary bond funds. 11.Am I already paying a tax for MERA now, and will this be a new tax? Currently, there is no special "MERA tax." The present system is funded by payments from member agencies, with different members paying different amounts according to their population and usage. MERA plans to ask voters to pay a $29 per year parcel tax to fund the bond for the Next Gen system. This will be a new tax, requiring a two- thirds vote for passage. In the current budget - tightening environment, it was not practical to ask MERA members (cities and towns) to somehow find more money they didn't have to pay for the replacement system. Members will continue to fund MERA system operations. 12. What if I'm a senior on a fixed income and I can't afford another expense? Based on our current estimates, we anticipate the cost for a single - family residence to be approximately $2.50 per month. We are also discussing a low - income exemption for seniors. 13. Will the bond be used to pay for public pension costs? No. The funds generated by this measure can only be spent for capital purposes, such as construction, communication equipment and towers. By law, funds cannot be spent for operating purposes such as administration, salaries and pensions. 14. Who will place the tax initiative on the ballot? How and when? If MERA members vote to move forward with this parcel tax request to voters, we expect to ask the Marin County Board of Supervisors to place this measure on the ballot for the November 2014 election. That request to the Supervisors would likely occur in July or August 2014. 15. If this is a problem for 2018, why are we talking about this in 2013? The process to develop a replacement system is a lengthy one. The current effort to create a funding source will run through 2014. Funds from the parcel tax will begin providing revenues in 2015. Once the funding has been secured, a detailed RFP will be developed that specifies the system and capabilities we require within our available resources. After providing potential vendors time to prepare and deliver their proposals, it will take additional time to vet their proposals and select a final vendor(s) leading to contract negotiations. After that, it will take additional time to develop the new tower sites and infrastructure before the system can be used. The timeline is actually fairly quick for a project of this size and complexity. 16. How can I find out more about MERA? TOWN COUNCIL MINUTES CALL TO ORDER cc -i Mayor O'Donnell c lledrtli "e regular eting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, ovember 6, 2013, i Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Califoi 'a. ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell ABSENT: COUNCILMEMBERS: Slavitz PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Building Official Lustenberger, Town Clerk Crane Iacopi ORAL COMMUNICATIONS None. CONSENT CALENDAR Town Council Minutes — Adopt minutes of October 16, 2013 regular meeting (Town Clerk Crane Iacopi) 2. 2308 Mar East — Adopt resolution denying appeal of Magdalena Yesil /Jim Wickett of Design Review Board Site Plan and Architectural Review approval for the construction of additions to an existing single - family dwelling, with a variance for excess lot coverage and a floor area exception (Planning Manager Watrous) General Plan Circulation Element Update — Approve consultant selection and budget amendment for a comprehensive update of the General Plan Circulation Element; authorize Town Manager to negotiate and execute the Service Agreement (Director of Community Development) 4. Storm Drain Repairs — Award of contracts for 2013 storm drain repairs and flushing (Director of Public Works /Town Engineer Nguyen) DRAFT Town Council Minutes #aa- -2013 November 6, 2013 Page 1 MOTION: To adopt Consent Calendar Item No. 1 through 4, as written. Moved: Fredericks, seconded by Fraser Vote: AYES: Unanimous ABSENT: Slavitz PUBLIC HEARINGS Uniform Construction Codes Updates — Consider amendments to Title IV, Chapter 13 of Town Code to adopt by reference and with modifications the latest State - authorized Construction Codes (Community Development Department) — Introduction and first reading of ordinance Director Anderson gave the report. He said that the State of California adopts updated uniform construction codes approximately every three years and that the new state codes will go into effect on January 1, 2014. Anderson said the ordinance before the Town Council at tonight's meeting contained the proposed Town adoption of the most recent State of California- authorized construction codes, with modifications for local conditions, and also ratifies the two local Fire Districts' adoption of the 2013 California Fire Code and other fire - related codes adopted by those Districts. He said that adoption of this ordinance is ministerially exempt from the requirements of CEQA per state statutes. In his analysis, the Director said there are few significant changes to the standardized construction codes for this cycle. The primary change of which staff is aware is that the basic 2013 California Green Code contains significant new water conservation provisions that will require upgrading of plumbing components upon issuance of a building permit. Anderson said that local building divisions in Marin County are studying alternative methods of implementing the new water conservation requirements, including self - certification programs. He said the Town was considering this approach as well. Director Anderson said new provisions will almost certainly add cost to many permits and involve additional plumbing work that is not currently required. Also with respect to the Green Code, he noted that at the prior code adoption cycle in 2010, the Town chose to defer adoption of Tier 1 provisions as set forth in the CalGreen Code, instead opting for adoption of the basic CalGreen code. However, several Marin County cities and the County of Marin either adopted Tier 1 or the similar Green BERST standards in 2010. Anderson said that for the 2013 cycle, it appears that most Marin jurisdictions will be adopting Tier 1 provisions of the CalGreen Code. He said Town staff supports the greatest amount of consistency throughout the county with respect to CalGreen Code adoption, and supports DRAFT Town Council Minutes #xx -2013 November 6, 2013 Page 2 adoption of Tier 1 provisions by the Town on that basis. He added that the water conservation requirements referenced above are part of the basic CalGreen Code and are not a separate requirement created by Tier 1 provisions. The Director said that that staff had provided the Council with a supplemental memo describing the proposed CalGreen Tier 1 measures. He said the measures do not apply to additions and remodels —only to new construction projects. Anderson also said an article describing these new regulations appeared in [the October edition of] the Town's electronic newsletter. Council asked a number of questions. Vice Mayor Fredericks asked how the new measures differed from current water efficiency requirements. Building Official Lustenberger said there were two different types of requirements – one set being contained in a civil code section adopted four years ago that requires low water usage for plumbing, etc., as of January 1, 2014, and the second is each fire district's permitting requirements. He said the Green Code is different and it is not integrated into the model codes; he added that he brought this discrepancy up at the county -wide meeting of Building Officials to try to work on a solution toward reasonable implementation. Councilmember Fraser thanked staff for preparing the supplemental memo. He asked whether Residential Resale Building Reports (RBRs) would be impacted with the new plumbing checklist. Lustenberger said at this time they would not, but that at each cycle new requirements come into being, so that during the next cycle, the Town might need to implement such requirements. He added that the Town is not required to enforce the new water conservation regulations unless a building permit must be pulled by the homeowner. Fraser said that the more widely distributed this information was, the better. He asked the local newspaper reporter who was present to consider writing something about this so that residents would understand that these new requirements are coining from the State rather than their local government. Councilmember Doyle asked about the 20% permeable surface requirement for parking areas. Lustenberger said that most new shopping centers have penneable asphalt and concrete now, so the materials are readily available and will save money on permits pulled by homeowners since they won't need to pay the Town's impervious surface fees for the permeable asphalt sections. Doyle also asked about the regulation to preclude oversizing of beams or supports. The Building Official said that this was a mandatory feature of the CalGreen Code; and that Tier 1 simply enhances these requirements. To meet Tier 1 provisions, he said a homeowner could not have oversized beams or supports. (He went on to explain how you can pick two electives off this checklist to be compliant with Tier 1.) DRAFT Town Council Minutes #) -2013 November 6, 2013 Page 3 Vice Mayor Fredericks asked why precluding oversizing was important. Lustenberger said that using a 4 x 12 versus a 6 x 12 beam saves 10 board feet of lumber (resource management). Mayor O'Donnell opened the hearing to public comment. There was no public comment. Mayor O'Donnell closed the public hearing. MOTION: To read the ordinance by title only. Moved: Fredericks, seconded by Doyle Vote: AYES: Unanimous ABSENT: Slavitz Mayor O'Donnell read, "An ordinance of the Town Council of the Town of Tiburon amending Title IV, Chapter 13 of the Tiburon Municipal Code by adopting with amendments the most recent standardized Construction Codes." MOTION: To pass first reading of the ordinance, and waive second reading. Moved: Fredericks, seconded by Doyle Vote: AYES: Doyle, Fraser, Fredericks O'Donnell ABSENT: Slavitz ACTION ITEMS 1. Martha Property MOU — Recommendation to approve extension of Memorandum of Understanding with the Martha Company (Town Attorney Danforth/Community Development Department) — continued from October 2, 2013 Mayor O'Donnell said that he must recuse himself because he lived within 500 feet of the Martha property. Prior to turning over the meeting over to Vice Mayor Fredericks, he asked for Town Council and Town Manager reports (items moved up on agenda). TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT Town Manager Curran said that the Chamber was planning its annual holiday festival for Saturday, December 7, in downtown Tiburon. She said the format this year would be different, in that it was not a Friday evening, and they were requesting street closure [of Main Street] for the day. Because of the latter, Curran said her policy was to bring street closure requests directly to the Council and, if all goes well, it could be incorporated into future event planning. There was no negative comment from the Council. DRAFT Town Council Minutes #xx -2013 November 6, 2013 Page 4 Mayor O'Donnell recused himself and left the dais. Vice Mayor Fredericks took the gavel. Town Attorney Danforth gave the report on the Martha Company MOU extension request and answered Council questions. She said that at the October 2, 201' ) meeting, the Town Council had considered a request from the Martha Company ( "Martha ") to extend the expiration date of the 2009 Memorandum of Understanding ( "MOU ") to December 31, 2014. She said that after hearing considerable public testimony, the Council decided to delay action on the extension, due in part to the fact that the Council did not believe the County's meeting schedule had given the public enough time to consider and comment on the information in the EIR. But she also said the Council had concerns about various issues in the EIR. The Town Attorney said that Director of Community Development had articulated these concerns in a letter to the Board of Supervisors and had attended the October 22 hearing on the EIR. She said there had been a stay in the certification of the EIR, as Council had desired, however the MOU expiration was still imminent. Among the issues cited by the Council and expressed by the public was whether the MOU might expose the Town to liability for any unsafe conditions in the MOU Project (the 32 -unit development contemplated by the MOU). The Town Attorney addressed these concerns, which arose from Section 5 of the MOU and Section 1.7 of Exhibit 1 to the MOU (draft Development Agreement). Town Attorney Danforth said that the MOU requires the Town to review the County EIR to determine whether the MOU Project has any safety constraints and to conduct such further studies as necessary to satisfy itself that the MOU Project would not create any conditions dangerous to health and safety. She said that if after reviewing such studies, the Town concludes that the project will not create such conditions the Town would sign a certification that the MOU Project should not result in conditions dangerous to health and safety. If the Town cannot reach this conclusion, she said, the MOU will terminate. Danforth said that under statutory law, public agencies are not responsible for dangerous conditions on private property, even where agency staff has inspected the property for such conditions and were actually aware of their presence (Government Code Section 818.6). She added that even if the Town had conducted the required environmental review of the project, the Town would not be liable for any injuries that resulted therefrom; that responsibility would lie with the developer and their design team, contractors and so forth. The Town Attorney explained that the provisions in question were not included in the MOU to shift liability between parties. She said they are there because of the technical details of land use law and because of the parties' respective interests in entering into the MOU. Danforth said the Martha Company wanted to enter into a development agreement with the County that will grant it vested rights to construct the MOU Project over a 10 -20 year period. She added that the Town wanted the right, but not the obligation, to annex the property after the subdivision was complete. DRAFT Town Council Minutes #ax -2013 November 6, 2013 Page 5 Under normal circumstances, she said the Town could avoid being bound by the development agreement if the Town found that the MOU Project would result in conditions dangerous to health and safety. The MOU requires the Town to address that question at an earlier stage. If the Town cannot satisfy itself on the health and safety issue, it can decline to make the certification. In that event, there will be no development agreement, the MOU will tenninate and Martha will be free to pursue the 43 -unit project. Town Attorney Danforth said that although final certification of the EIR appears some months away, staff continues to believe that the 32 -unit MOU project is preferable from the Town's perspective to the 43 -unit Original Project. In the absence of the MOU, she said the Martha Company is free to pursue the larger project. She underscored that the MOU extension does not bind the Town to unconditional support of the MOU Project. The MOU expressly allows the Town to withdraw from the agreement under the following circumstances: • If the County imposes changes on the MOU Project that are unacceptable to either the Town or the Martha Company and the parties and the County are unable to agree upon a mutually acceptable resolution within 90 days after negotiating in good faith. • If the Town is unable to satisfy itself that the project will not result in dangerous conditions. Given the foregoing, Danforth said staff believes that the extension of the MOU is in the Town's best interests. She said the Martha Company's attorney, Paul Smith, originally requested an extension until June 30, 2014. However, this six -month extension may be insufficient to accommodate the extended project processing that will be caused by the additional studies that the Board of Supervisors requested on October 22. Accordingly, Mr. Smith now requests, and staff supports, a one -year extension. Council had the following questions: Councilmember Fraser asked the Town Attorney to confirm his understanding that the Council could extend the MOU for any period it chose, i.e., six months or a year. He also asked if the Town could withdraw from the MOU at any time if it uncovered any health and safety concerns. Town Attorney Danforth confirmed that the Town had discretion to extend the MOU for less than one year. She noted that the Town should not make the determination regarding health and safety until after the County acted; until that action, the Council does not have an actual project to evaluate. After the County acts, the Town Council could [theoretically] say that it cannot snake the health and safety certification; this would terminate the MOU and Martha could seek to develop the property according to the 43 -unit Original Project. DRAFT Town Council Minutes Ary -2013 November 6, 2013 Page 6 Councilrneimber Fraser asked for confirmation that the Town was not bound by the development agreement because the County wasn't parry to the MOU. Town Attorney Danforth said the MOU contemplates that the County will approve the 32 -unit project alternative and agree to enter into the Development Agreement. If the County does not take those actions, the MOU terminates and the health and safety certification will be moot. Danforth noted that the County is not a party to the MOU and the Town would not be a parry to the Development Agreement. Vice Mayor Fredericks said that she'd been concerned that once they made the health and safety certification (which would relate to the project - created issues, not pre- existing site conditions), it would come back as legal argument for an "undertaking" of liability. But it was for the benefit of the parties, not to create liabilities or defeat immunities. Danforth confirmed these statements and Vice Mayor Fredericks said that she understood. Vice Mayor Fredericks opened the matter to public comment. There was none. MOTION: To approve the extension of the MOU to December 31, 2014. Moved: Fraser, seconded by Doyle Vote: AYES: Unanimous ABSENT: Slavitz WEEKLY DIGESTS • Town Council Weekly Digests for October 18 & 25, 2013 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, acting Chair Vice Mayor Fredericks adjourned the meeting at 7:52 p.m. EMMETT O'DONNELL, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2013 November 6, 2013 Page 7 Under normal circumstances, she said the Town could avoid being bound by the development agreement if the Town found that the MOU Project would result in conditions dangerous to health and safety. The MOU requires the Town to address that question at an earlier stage. If the Town cannot satisfy itself on the health and safety issue, it can decline to make the certification. In that event, there will be no development agreement, the MOU will terminate and Martha will be free to pursue the 43 -unit project. Town Attorney Danforth said that although final certification of the EIR appears some months away, staff continues to believe that the 32 -unit MOU project is preferable from the Town's perspective to the 43 -unit Original Project. In the absence of the MOU, she said the Martha Company is free to pursue the larger project. She underscored that the MOU extension does not bind the Town to unconditional support of the MOU Project. The MOU expressly allows the Town to withdraw from the agreement under the following circumstances: If the County imposes changes on the MOU Project that are unacceptable to either the Town or the Martha Company and the parties and the County are unable to agree upon a mutually acceptable resolution within 90 days after negotiating in good faith. • If the Town is unable to satisfy itself that the project will not result in dangerous conditions. Given the foregoing, Danforth said staff believes that the extension of the MOU is in the Town's best interests. She said the Martha Company's attorney, Paul Smith, originally requested an extension until June 30, 2014. However, this six -month extension may be insufficient to accommodate the extended project processing that will be caused by the additional studies that the Board of Supervisors requested on October 22. Accordingly, Mr. Smith now requests, and staff supports, a one -year extension. Council had the following questions: Formatted: Font color: Red corsia c�cscrr� the I1r�I(�v fAr any eriod it ehese, i.e., months _ a year and that the Town soula flma one year. She neted that the Town sheuld not make the deteftninatieft r-egar-ding health and > unfil that aefieft, is ova hate. After- the r 1 believes that tw health an ..f Form tta�ed Font color: Red afe safety e it ee uld say that it eannot make 4; pe h ea I �__ -ee-f-fif-i-ea-t-i on-; -this- _w'eul d teaRinate the MOU and MaFtha eetild seek to, develop the pfepei:ty c ie the :,. ...... j Deleted: 2 i O -igifi .1 n. -eject Formatted: Font color: Red DRAFT Town Council Minutes #xr -2013 November 6, 2013 Page 6 T- - - - - - - - - - - - - - - -I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -. ...' _ - - - - - - - -- Councilmember Fraser asked for confirmation that the Town was not bound by the development agreement because the County wasn't party to the MOU_ Town Attorney Danforth said the MOU contemplates that the County will approve the 32 -unit project alternative and agree to enter into the Development Agreement. If the County does not take those actions, the MOU terminates and the health and safety certification will be moot. Danforth noted that the County is not a party to the MOU and the Town would not be a party to the Development Agreement. Vice Mayor Fredericks said that she'd been concerned that once they made the H &S certification (which would relate to the project- created issues, not pre- existing site conditions), it would come back as legal argument for an "undertaking" of liability. But it was for the benefit of the parties, not to create liabilities or defeat immunities. Danforth confirmed these statements and Vice Mayor Fredericks said that she understood. T _ Vice Mayor Fredericks opened the matter to public comment. There was none. MOTION: To approve the extension of the MOU to December 31, 2014. Moved: Fraser, seconded by Doyle Vote: AYES: Unanimous ABSENT: Slavitz WEEKLY DIGESTS • Town Council Weekly Digests for October 18 & 25, 2013 /\ 71 4111 mm 1 �1►Y Y There being no further business before the Town Council of the Town of Tiburon, acting Chair Vice Mayor Fredericks adjourned the meeting at 7:52 p.m. EMMETT O'DONNELL, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2013 November 6, 2013 Page 7 Deleted: Councilmember Fraser asked the Town Attorney to confirm his understanding that if the Council extends the MOU for any number of months that it can change that any time; also, that if the Town uncovered any health and safety 1 concerns, it could withdraw from the MOU. Q ;Town Attorney Danforth said that the County had to act fast, then the Town 1 Council could [theoretically] say that it cannot make the certification and the MOU is moot, and the property would be developed according to the 43 Deleted:2 t Deleted: -unit Original Project.$ i$ 1Councihnember Fraser asked why this Cwas so, given the current Development Agreement. Town Attorney Danforth said that the County is not a party to the MOU; i likewise, the Town is not a party to the LDDA (Development Agreement).$ Deleted: Vice Mayor asked a question about the difference between health and safety issues created by the project versus on the property itself. [But 1 could not jfollow this or die response, sorry!) add something here... To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor & Members of the Town Council Community Development Department Town Council Meeting November 20, 2013 Agenda Item: C'C _ z Subject: Amend Title IV, Chapter 13 (Building Regulations) of the Tiburon Municipal Code to Adopt by Reference and with Modifications the Latest State - Authorized Construction Codes; File MCA 2013 -04; Adoption of Ordinance Reviewed By: 1, BACKGROUND The Town Council held first reading of this ordinance following a public hearing at its meeting on November 6, 2013, and waived all further readings. The item now comes to the Town Council for adoption. PROCEDURE This is a consent calendar item. The Council's motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. RECOMMENDATION Staff recommends that the Town Council enact final adoption of Ordinance No. 547 N. S., a draft of which is attached as Exhibit 1, as part of the Consent Calendar. EXHIBIT 1. Draft Ordinance No. 547 N. S. Prepared by: Scott Anderson, Director of Community Development ORDINANCE NO. 547 N. S. (DRAFT) AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE IV, CHAPTER 13 OF THE TIBURON MUNICIPAL CODE BY ADOPTING WITH AMENDMENTS THE MOST RECENT STANDARDIZED CONSTRUCTION CODES The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. A. The Town Council held a public hearing on November 6, 2013, and has heard and considered any and all public testimony on this matter. B. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. C. The Town Council finds that the amendments made by this Ordinance are necessary for the protection of the public health, safety, and welfare. D. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan. E. The Town Council finds that the adoption of this Ordinance is ministerially exempt from the requirements of CEQA and is also exempt pursuant to Section 15061(b) (3) of the CEQA Guidelines. Section 2. Amendments to Chapter 13, Article II. Tiburon Municipal Code Title IV, Chapter 13, Article II (Technical Codes) is hereby amended in its entirety to read as follows: Article 11. Technical Codes 13 -4 Adoption by reference of technical cedes. For the purpose of establishing proper regulations for building construction, for the installation of plumbing, gas appliances and electrical systems, and for the storage and handling of flammable liquids, the codes or portions thereof set forth in this article are adopted and are made a part of this chapter by reference without further publication or posting thereof, and not less than one certified copy, along with the deletions and exceptions therefrom and additions and amendments thereto, shall be kept on file for use and examination by the public in the office of the town clerk. Town of Tiburon Ordinance No. 547 N. S. Effective - -/- -/2013 Page 1 T- 1.Tr7l N ©. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the 2013 California Building Code (based on the International Building Code, 2012 Edition), Volume 1 and Volume 2, including the following appendices: Appendices F, H, I, J and M as published by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 2, hereinafter referred to as the "California Building Code ", save and except such portions as are hereinafter amended or modified by Section 13 -4.1.1 of this chapter. 13 -4.1.1 Amendments made to the 2013 California Building Cade. The 2013 California Building Code is amended to read as follows: (a) Section 1.8.5.1 is amended to read as follows: 1.8.5.1 General. Subject to the provisions of law, including Code of Civil Procedure Section 1822.50 et. seq., officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following: (The remainder of this section is unchanged.) (b) Section 1.8.8.1 is amended to add the following sentence thereto: For appeal of non - administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (c) Chapter 1, Division II is modified as follows: (1) Section 104.6 is amended to add the following phrase to the end of the last sentence: ", including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California." Town of Tiburon Ordinance No. 547 N. S. Effective - 442013 Page 2 (2) Section 105.2 is amended to delete subsections 2, 4, 5, 6 and 12, and to modify subsections 1 and 7 to read as follows: 1. Detached accessory structures used as playhouses or play structures provided that the structure: a. Does not exceed one - hundred twenty (120) square feet in area; b. Does not exceed twelve (12) feet in height; and C. Contains no plumbing, electricity or heating or cooling appliances. 7. Painting, papering, tiling, carpeting, counter tops and similar finish work; except that repaving and /or re- striping of parking lots shall require a permit. (3) Section 105.5 is amended to read as follows: 1. All permits issued by the Building Official shall expire by limitation and become null and void eighteen (18) months from the date the permit is issued, except as follows: a. In instances where the project is unusually large or complex, a twenty -four (24) month permit may be issued in the reasonable discretion of the Building Official at the time of initial issuance; or b. In instances where the permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six (6) months may be granted, without payment of additional charges or penalties. In determining whether due diligence has been exercised, the Building Official shall consider whether work began promptly after permit issuance, whether work was conducted on a regular basis and any other relevant facts. 2. Once the initial permit and /or approved six (6) month extension has expired, a Stop Work Order shall be issued and work shall not recommence until the permit is reactivated and extended. Reactivation and extension shall be allowed only if there have been no substantive changes to the approved plans and specifications and a Reactivation /Extension Charge equal to the original project construction permit fees is paid. A Town of Tiburon Ordinance No. 547 N. S. Effective 4- 42013 Page 3 Reactivation /Extension Charge, for purposes of this section, is primarily a penalty for failure to complete the project within the allotted time, and secondarily a fee to recover the cost of providing additional building inspection division services, and is defined as the subtotal of the building, electrical, plumbing, mechanical, grading, and business license fee portions of the original permit. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation /extension granted pursuant to this paragraph. 3. If the project is not completed within the six (6) month extension allowed under subsection 2 above, a Stop Work Order shall be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. Reactivation and extension of the permit for another six (6) month period shall be allowed only if there have been no substantive changes in the approved plans and specifications and a Reactivation /Extension Charge equal to three (3) times the original project construction permit fees, as defined in subsection 2 above, is paid. The Building Official may, in his sole discretion, reduce the penalty based on such reasons as the project's nearness to completion and /or the cause of the delay. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation /extension granted pursuant to this paragraph. 4. If the project is not completed within the six (6) month extension allowed under subsection 3 above, a Stop Work Order shall be issued and the matter referred to the town council for resolution. The town council may reactivate and extend the permit for an additional six (6) months upon submission and acceptance of a completion schedule for the project and payment of five (5) times the original project construction permit fees (as defined in subsection 2 above) as a Reactivation /Extension Charge, and provided that there have been no substantive changes in the approved plans and specifications. The town council may, in its sole discretion, reduce the reactivation /extension charge based on such Town of Tiburon Ordinance No. 547 N. S. Effective -4 -42013 Page 4 reasons as the project's nearness to completion and /or the cause of the delay. 5. If the project is not completed within the six (6) month extension allowed under subsection 4 above, or pursuant to this subsection 5, a Stop Work Order shall be issued and the matter referred to the town council for resolution. The town council may impose additional requirements, such as the retention of a qualified contractor for owner /builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The town council may reactivate and extend the permit upon imposition of any such conditions deemed reasonable, and payment of five (5) times the original project construction permit fees (as defined is subsection 2 above) as a Reactivation /Extension Charge, provided that there have been no substantive changes in the approved plans and specifications. (4) Section 109.2 is amended to read as follows: 109.2 Schedule of Fees. On buildings, structures, electrical, gas, mechanical and plumbing system alterations requiring a permit, a fee for each permit shall be required as set forth in the Building Division Fee Schedule as adopted by resolution of the town council and amended from time to time. (5) Section 109.4 is amended to read as follows: 109.4 Work commencing before permit issuance. Any person who commences any work without a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a penalty as set forth in the Town's Schedule of Fines, established by resolution of the town council and amended from time to time. (6) Section 113.1 is amended by adding the following sentence thereto: For appeal of non - administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin's Disability Access Appeals Board. The town council Town of Tiburon Ordinance No. 547 N. S. Effective 4- 42013 Page 5 shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (d) Section 501.2 is amended to read as follows: 501.2 Address Numbers. 1. The following standards for address markings shall apply to residential buildings: a. All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four inches in height, and one -half inch in width, of a color contrasting to the background and located so they may be clearly seen and read. If a building is not easily visible from the street, then the numbers are to be mounted at the access drive leading to the building. b. At each vehicular access to a multiple family dwelling complex having four or more buildings, there shall be an illuminated diagrammatic representation (plot plan) of the complex, which shows the location of the viewer and the building units within the complex. c. In multiple family dwelling complexes, any building having a separate identifying factor other than the street number shall be clearly identified in the manner described in subsection a. Each individual unit of residence shall have a unit identifying number, letter, or combination thereof displayed upon the door. d. Maps of the multiple family complex will be furnished to the police department and applicable fire district upon completion of construction. The maps shall include building identification and unit identification. e. Buildings shall be numbered in such a manner and sequence as to meet with the approval of the enforcing authority. f. This section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering, but this shall be considered supplemental only and shall not satisfy the requirements of this section. 2. The following standards for address markings shall apply to commercial buildings: a. The address number of every commercial building shall be located and displayed so that it shall be easily visible from the street. b. The numerals in these numbers shall be no less than six inches in height, one -half inch in width, and of a color contrasting to the Town of Tiburon Ordinance No. 547 N. S. Effective - 442013 Page 6 background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway, or parking lot shall also display the same numbers on the rear of the building. c. When required by the Building Official, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number height and width shall comply with Section 501.2. (e) Section 903.2, first sentence, is amended to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section, provided that where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control. (f) Section 1013.1 is amended by adding the following sentence: Guards are also required at waterfront bulkheads, fixed piers and gangways. (g) Section 1505 is amended to read as follows: The roof covering on any structure regulated by this code shall be as specified in California Building Code Chapter 15 with the following conditions: 1. All new buildings and new additions shall have at least a Class A- listed or noncombustible roof covering. 2. Where alterations or repairs to existing roofs involve more than fifty (50) percent of the total area of an existing building within a one year time period, the entire roof shall be retrofitted with at least a Class A- listed or noncombustible roof. 3. Where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control. (h) Appendix J "GRADING' is amended as follows: J103.3 Grading Permit Fees. Fees shall be as set forth in the Building Division Fee Schedule established by resolution of the town council as amended from time to time. Town of Tiburon Ordinance No. 547 N. S. Effective - -/- -/2013 Page 7 J110.3 Mud, Loose Dirt, or Debris on Public Street. No person, firm or corporation who has a valid building, demolition or grading permit shall permit any mud, loose dirt or debris to be removed from the job site and deposited on any public street or sidewalk. 13 -4.2 Residential Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public, that certain code known as the 2013 California Residential Code (based on the International Residential Code, 2012 edition), including Appendices G, H, and J published by the International Code Council, and as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 2.5, hereinafter referred to as the "California Residential Code," save and except such portions as are hereinafter amended or modified by Section 13 -4.2.1 of this chapter. 13 -4.2.1 Amendments to the 2013 California Residential Code. The 2013 California Residential Code is amended as follows: (a) Section 1.8.4.1 is amended to read as follows: 1.8.4.1 General. Subject to the provisions of law, including Code of Civil Procedure Section 1822.50 et. seq., officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following: (The remainder of this section is unchanged.) (b) Section 1.8.7.1 is amended by adding the following sentence thereto: For appeal of non - administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (c) Chapter 1, Division II is modified as follows: Town of Tiburon Ordinance No. 547 N. S. Effective 442013 Page 8 (1) Section 104.6 is amended to add the following phrase to the end of the last sentence: ", including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California." (2) Section 105.2 is amended to delete (building) subsections 2, 3, 4, 5, 9 and 10, and to modify subsections 1 and 6 to read as follows: 1. Detached accessory structures used as playhouses or play structures provided that the structure: a. Does not exceed one - hundred twenty (120) square feet in area; b. Does not exceed twelve (12) feet in height; and C. Contains no plumbing, electricity or heating or cooling appliances. 6. Painting, papering, tiling, carpeting, counter tops and similar finish work; except that repaving and /or re- striping of parking lots shall require a permit. (3) Section 105.5 is amended to read as follows: Section 105.5 Expiration. 1. All permits issued by the Building Official shall expire by limitation and become null and void eighteen (18) months from the date the permit is issued, except as follows: a. In instances where the project is unusually large or complex, a twenty -four (24) month permit may be issued in the reasonable discretion of the Building Official at the time of initial issuance; or b. In instances where the permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six (6) months may be granted, without payment of additional charges or penalties. In determining whether due diligence has been exercised, the Building Official shall consider whether work began promptly after permit issuance, whether work was conducted on a regular basis and any other relevant facts. 2. Once the initial permit and /or approved six (6) month extension has expired, a Stop Work Order shall be issued and Town of Tiburon Ordinance No. 547 N. S. Effective 442013 Page 9 work shall not recommence until the permit is reactivated and extended. Reactivation and extension shall be allowed only if there have been no substantive changes to the approved plans and specifications and a Reactivation /Extension Charge equal to the original project construction permit fees is paid. A Reactivation /Extension Charge, for purposes of this section, is primarily a penalty for failure to complete the project within the allotted time, and secondarily a fee to recover the cost of providing additional building inspection division services, and is defined as the subtotal of the building, electrical, plumbing, mechanical, grading, and business license fee portions of the original permit. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation /extension granted pursuant to this paragraph. 3. If the project is not completed within the six (6) month extension allowed under subsection 2 above, a Stop Work Order shall be issued on the date of expiration and work shall not recommence until the permit is reactivated and extended. Reactivation and extension of the permit for another six (6) month period shall be allowed only if there have been no substantive changes in the approved plans and specifications and a Reactivation /Extension Charge equal to three (3) times the original project construction permit fees, as defined in subsection 2 above, is paid. The Building Official may, in his sole discretion, reduce the penalty based on such reasons as the project's nearness to completion and /or the cause of the delay. A permit reactivated and extended under this subsection shall be valid for an additional six (6) months beyond the date of its expiration prior to the reactivation /extension granted pursuant to this paragraph. 4. If the project is not completed within the six (6) month extension allowed under subsection 3 above, a Stop Work Order shall be issued and the matter referred to the town council for resolution. The town council may reactivate and extend the permit for an additional six (6) months upon submission and acceptance of a completion schedule for the project and payment of five (5) times the original project construction permit fees (as defined in subsection 2 above) as a Town of Tiburon Ordinance No. 547 N. S. Effective - -/- -/2013 Page 10 Reactivation /Extension Charge, and provided that there have been no substantive changes in the approved plans and specifications. The town council may, in its sole discretion, reduce the reactivation /extension charge based on such reasons as the project's nearness to completion and /or the cause of the delay. 5. If the project is not completed within the six (6) month extension allowed under subsection 4 above, or pursuant to this subsection 5, a Stop Work Order shall be issued and the matter referred to the town council for resolution. The town council may impose additional requirements, such as the retention of a qualified contractor for owner /builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The town council may reactivate and extend the permit upon imposition of any such conditions deemed reasonable, and payment of five (5) times the original project construction permit fees (as defined is subsection 2 above) as a Reactivation /Extension Charge, provided that there have been no substantive changes in the approved plans and specifications. (d) Section R319.1 is amended to read as follows: R319.1 Address Numbers. (1) The following standards for address markings shall apply to residential buildings: a. All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four inches in height, and one -half inch in width, of a color contrasting to the background and located so they may be clearly seen and read. If a building is not easily visible from the street, then the numbers are to be mounted at the access drive leading to the building. b. At each vehicular access to a multiple family dwelling complex having four or more buildings, there shall be an illuminated diagrammatic representation (plot plan) of the complex, which shows the location of the viewer and the building units within the complex. c. In multiple family dwelling complexes, any building having a separate identifying factor other than the street number shall be clearly identified in the manner described in subsection a. above. Each individual unit of Town of Tiburon Ordinance No. 547 N. S. Effective 4- 42013 Page 11 residence shall have a unit identifying number, letter, or combination thereof displayed upon the door. d. Maps of the multiple family complex will be furnished to the police department and applicable fire district upon completion of construction. The maps shall include building identification and unit identification. e. Buildings shall be numbered in such a manner and sequence as to meet with the approval of the enforcing authority. f. This section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering, but this shall be considered supplemental only and shall not satisfy the requirements of this section. (e) Section 1013.1 is amended by adding the following sentence: "Guards are also required at waterfront bulkheads, fixed piers and gangways." (f) Section R313.3, first sentence, is amended to read as follows: R313.3 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section, provided that where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control. (g) Section R905 is amended to read as follows: The roof covering on any structure regulated by this code shall be as specified in California Residential Code Chapter 9 with the following conditions: 1. All new buildings and new additions shall have at least a Class A- listed or noncombustible roof covering. 2. Where alterations or repairs to existing roofs involve more than fifty percent of the total area of an existing building within a one year time period, the entire roof shall be retrofitted with at least a Class A- listed or noncombustible roof. 3. Where applicable code provisions adopted by the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the more restrictive provisions shall control. Town of Tiburon Ordinance No. 547 N. S. Effective 442013 Page 12 13 -4.3 Plumbing Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the 2013 California Plumbing Code (based on the Uniform Plumbing Code, 2012 Edition), including Appendices A, B, D, I, and L published by the International Association of Plumbing and Mechanical Officials, and as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 5, hereinafter referred to as the "California Plumbing Code ", save and except such portions as are hereinafter amended or modified by Section 13- 4.3.1 of this chapter. The 2013 California Plumbing Code is amended as follows: (a) Section 1.8.5.1 is amended to modify the first sentence to read as follows: Section 1.8.5.1 General. Subject to the provisions of law, including Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California, officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code. (The remainder of this section is unchanged) (b) Section 1.8.8.1 is amended by adding the following sentence thereto: For appeal of non - administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (c) Section 203.0 is amended to read as follows: The definition of "AUTHORITY HAVING JURISDICTION" is amended to read as follows: AUTHORITY HAVING JURISDICTION —The Authority Having Jurisdiction shall mean the Building Official or his duly authorized representative. Town of Tiburon Ordinance No. 547 N. S. Effective 442013 Page 13 (d) Section 207.0 is amended as follows: The definition of "ENFORCING AGENCY' is amended to read as follows: ENFORCING AGENCY —The enforcing agency shall be the Building Division of the Community Development Department of the Town of Tiburon. (e) Chapter 1, Division 11 is amended as follows: (1) Section 101.1 is amended to read as follows: These regulations shall be known as the California Plumbing Code, may be cited as such, and will be referred to herein as "this code ". (2) Section 103.2.1 is amended to read as follows: 103.2.1 Application. To obtain a permit, the applicant shall apply to the Authority Having Jurisdiction for that purpose. Every such application shall: (The remainder of this section is unchanged.) (3) Section 103.4.1 is amended to read as follows: 103.4.1 Permit Fees. Any person desiring a permit required by this code shall, at the time of issuance therefore, pay a fee, which fee shall be as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. (4) Section 103.4.2 is deleted. (5) Section 103.5.6 is amended to replace the fourth paragraph with the following: To obtain re- inspection, the applicant shall first pay the re- inspection fee in accordance with the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. (6) Table 1 -1 is deleted. 13 -4.4 Electrical Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the 2013 California Electrical Code (based Town of Tiburon Ordinance No. 547 N. S. Effective 442013 Page 14 on the National Electrical Code, 2011 Edition) as published by the National Fire Protection Association, and as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 3, hereinafter referred to as the "California Electrical Code ", save and except such portions as are hereinafter amended or modified by Section 13 -4.4.1 of this chapter. 13 -4.4.1 Amendments made to the 2013 California Electrical Code. The 2013 California Electrical Code is amended or modified as follows: (a) Section 89.108.4.2 is amended to read as follows: 89.108.4.2 Fees. Any person desiring a permit required by this code shall, at the time of issuance thereof, pay a fee, which shall be as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. (b) Section 89.108.5.1 is amended to modify the first sentence to read as follows: Section 89.108.5.1 General. Subject to other provisions of law, including Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California, officers and agents of the Building Official may enter and inspect public and private properties to secure compliance with the provisions of this code. (The remainder of this section is unchanged.) (c) Section 89.108.8.1 is amended by adding the following sentence thereto: For appeal of non - administrative provisions of the code, the local appeals board and the housing appeals board shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the local appeals board and the housing appeals board shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (d) Article 100 is amended to read as follows: The definition of "Authority Having Jurisdiction" is amended to read as follows: Town of Tiburon Ordinance No. 547 N. S. Effective 442013 Page 15 Authority Having Jurisdiction (AHJ) —The Authority Having Jurisdiction shall mean the Building Official or his or her duly authorized representative. (e) Section 210.12 (B) is amended by adding the following sentence: The provisions of this section shall apply to existing dwelling units when electrical service panels or sub - panels are replaced or upgraded. 13 -4.5 Fire Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the 2013 California Fire Code (as adopted and modified by the current Tiburon Fire Protection District and Southern Marin Fire Protection District ordinances), which Code and ordinances are hereby referred to, ratified, and made a part hereof as if fully set forth herein. Copies of said code and ordinances are on file and available for public inspection in the office of the town clerk. 13 -4.6. Housing Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, that certain code known as the Uniform Housing Code (1997 Edition, as published by the International Conference of Building Officials), hereinafter referred to as the "Uniform Housing Code ", save and except such portions as are hereinafter changed or modified by Section 13 -4.6.1 of this chapter. 13 -4.6.1 Amendments made to the 1997 Uniform Housing Code. The 1997 Uniform Housing Code is amended as follows: (a) Section 103 is amended to revise the second sentence of the first paragraph to read as follows: Such occupancies in existing buildings may be continued as provided by the California Existing Building Code, as contained in Title 24, Part 10 of the California Code of Regulations, except such structures as are found to be substandard as defined by this code. (b) Section 104.1 is amended to read as follows: Town of Tiburon Ordinance No. 547 N. S. Effective -4 -42013 Page 16 All buildings or structures that are required to be repaired under the provisions of this code shall be subject to the provisions of the California Existing Building Code, as contained in Title 24, Part 10 of the California Code of Regulations. (c) Section 201.1 is amended to revise the first paragraph to read as follows: The Building Official and his designees are hereby authorized and directed to enforce all of the provisions of this code. For such purposes, such officials shall have the powers of law enforcement officers. (d) Section 201.2 is amended to read as follows: Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be unoccupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California. (e) Section 203.1 is amended by adding the following sentence thereto: For appeal of non - administrative provisions of the code, the housing advisory and appeals board shall be the Tiburon Building Code Appeals Board. If required by Health and Safety Code section 19957.5, the housing advisory and appeals board shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions of this code. (f) Section 301 is amended to read as follows: Town of Tiburon Ordinance No. 547 N. S. Effective -4 -42013 Page 17 No building or structure regulated by this code shall be erected, constructed, enlarged altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained as required by the Building Code. (g) Section 302 is deleted. (h) Section 303 is amended to read as follows: Buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the Building Official as provided by this code and in accordance with the applicable requirements of the Building Code. (i) Section 401 is amended as follows: The definition of "Building Code" in Section 401 is amended to read as follows: BUILDING CODE is the California Building Code as adopted with amendments by the Town of Tiburon. (j) A definition for "Building Official" is added to Section 401 to read as follows: BUILDING OFFICIAL is the Building Official in the Community Development Department of the Town of Tiburon. (k) The definition of "Mechanical Code" in Section 401 is amended to read as follows: MECHANICAL CODE is the California Mechanical Code as adopted with amendments by the Town of Tiburon. (1) The definition of "Plumbing Code" in Section 401 is amended to read as follows: PLUMBING CODE is the California Plumbing Code as adopted with amendments by the Town of Tiburon. 13 -4.7 Mechanical Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the Town of Tiburon Ordinance No. 547 N. S. Effective -4 -42013 Page 18 general public, that certain code known as the 2013 California Mechanical Code (based on the Uniform Mechanical Code, 2012 Edition) as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 4, hereinafter referred to as the "California Mechanical Code ", save and except such portions as are hereinafter amended or modified by Section 13 -4.7.1 of this chapter. 13 -4.7.1 Amendments mane to the 2013 California Mechanical Cade. The 2013 California Mechanical Code is amended as follows: (a) Chapter 1, Division I, Section 1.8.8.1 is amended by adding the following sentence thereto: For appeal of non - administrative provisions of the code, the board of appeals shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the board of appeals shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (b) Chapter 1, Division II is amended as follows: (1) Section 101.0 is amended to read as follows: These regulations shall be known as the California Mechanical Code, may be cited as such, and will be referred to herein as "this code" (2) Section 108.3 is amended to add the following phrase to the end of the last sentence: ", including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California." (3) Section 110.1 is amended by adding thereto the following sentence: For appeal of non - administrative provisions of the code, the board of appeals shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the board of appeals shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions as generally described in the administrative chapter of this code. (4) Section 115.1 is amended to read as follows: 115.1 General. Fees shall be assessed in accordance with the provisions of this section and as set forth in the Building Division Town of Tiburon Ordinance No. 547 N. S. Effective 442013 Page 19 Fee Schedule adopted by resolution of the town council and amended from time to time. (5) Section 115.2 is amended to read as follows: 115.2 Permit Fees. Any person desiring a permit required by this code shall, at the time of issuance for the permit, pay a fee, which fee shall be as set forth in the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. (6) Section 115.3 is deleted. (7) Section 116.6 is amended to replace the third paragraph with the following: To obtain re- inspection, the applicant shall first pay the re- inspection fee in accordance with the Building Division Fee Schedule adopted by resolution of the town council and amended from time to time. (8) Table 1 -1 is deleted. (c) Section 203.0 is amended as follows: The definition of "AUTHORITY HAVING JURISDICTION" is amended to read as follows: AUTHORITY HAVING JURISDICTION — The Authority Having Jurisdiction shall mean the Building Official or his duly authorized representative. (d) Section 207.0 is amended as follows: The definition of "ENFORCING AGENCY" is amended to read as follows: ENFORCING AGENCY — The enforcing agency shall be the Building Division of the Town of Tiburon. r;- s s' s ar- The Dangerous Building Code of the Town shall be the California Code for the Abatement of Dangerous Buildings (1997 edition, as published by the International Conference of Building Officials), on file with the office of the Town Clerk, which Code is hereby referred to, adopted and made a part hereof as if fully set forth herein, save Town of Tiburon Ordinance No. 547 N. S. Effective - -/- -/2013 Page 20 and except such portions as are hereinafter amended or modified by Section 13 -4.8.1 of this chapter. 13 -4.8.1 Amendments made to the 1997 California Code for the Abatement of The 1997 California Code for the Abatement of Dangerous Buildings is amended as follows: (a) Section 103 is amended to read as follows: All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the California Existing Building Code, as contained in Title 24, Part 10 of the California Code of Regulations. (b) Section 201.3 is amended to read as follows: Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises an immediate threat to health and safety, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if such building or premises be occupied he shall first present proper credentials and demand entry; and if such building or premises be unoccupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California. (c) Section 203 is deleted. (d) Section 204 is amended to read as follows: All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the Building Official as provided in this code and in accordance with the applicable requirements of the Building Code. Town of Tiburon Ordinance No. 547 N. S. Effective - -/- -/2013 Page 21 (e) Section 205.1 is amended by adding the following sentence thereto: For appeal of non - administrative provisions of the code, the board of appeals shall be the Tiburon Building Code Appeals Board, except that if required by Health and Safety Code section 19957.5, the board of appeals shall be the County of Marin's Disability Access Appeals Board. The town council shall hear appeals of administrative provisions of this code. (f) Section 301 is amended as follows: The definition of "Building Code" is amended to read as follows: BUILDING CODE is the California Building Code as adopted with amendments by the Town of Tiburon. (g) A definition of "Building Official" is added to read as follows: BUILDING OFFICIAL is the Building Official in the Community Development Department of the Town of Tiburon. 13 -4.9 Green Building Standards Code. The Town Council hereby adopts, for the purpose of providing minimum requirements to enhance the public health and welfare and assure that residential and commercial development is consistent with the Town's desire to create a more sustainable community by incorporating green building measures into the design, construction, and maintenance of buildings and appurtenant development, that certain code known as the California Green Building Standards Code, 2013 edition (also known as the 2013 CALGreen Code) as published by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 11, herein referred to as the "CALGreen Code," save and except such portions as are hereinafter amended or modified by Section 13 -4.9.1 of this chapter. 13 -4.9.1 amendments made to the 2013 CALGreen Code. The California Green Building Standards Code is amended as follows: (a) For new residential construction only (not including additions), the Town Council hereby adopts as mandatory measures the following otherwise voluntary divisions of Appendix A4: Town of Tiburon Ordinance No. 547 N. S. Effective - -/- -/2013 Page 22 1. Division A4.1 (Planning & Design); 2. Division A4.3 (Water Efficiency & Conservation); 3. Division A4.4 (Material Conservation and Resource Efficiency); 4. Division A4.5 (Environmental Quality); and 5. Division A4.6 (Tier 1 & Tier 2), deleting all Tier 2 measures. (b) For new nonresidential construction only (not including additions), the Town Council hereby adopts as mandatory measures the following otherwise voluntary divisions of Appendix A5: 1. Division A5.1 (Planning & Design); 2. Division A5.3 (Water Efficiency & Conservation); 3. Division A5.4 (Material Conservation and Resource Efficiency); 4. Division A5.5 (Environmental Quality); and 5. Division A5.6 (Tier 1 & Tier 2), deleting all Tier 2 measures. The Energy Code of the Town shall be the California Energy Code, 2013 edition, and the appendices thereof, as published by the California Building Standards Commission, on file with the office of the Town Clerk, which Code and appendices are hereby referred to, adopted and made a part hereof as if fully set forth herein, except that the first paragraph of Section 20.3 is deleted. 13 -4.11 Miscellaneous Portions of the Building Standards Code. The Town Council hereby adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public, 2013 California Building Standards Code Part 8 (Historical Building Code), Part 10 (Existing Building Code), and Part 12 (Referenced Standards Code), said codes being on file with the office of the Town Clerk. The Administrative Code of the Town shall be the California Administrative Code, California Code of Regulations, Title 24, Part 1, 2013 edition, as published by the International Code Council, on file with the office of the Town Clerk, which Code is hereby referred to, adopted and made a part hereof as if fully set forth herein. Town of Tiburon Ordinance No. 547 N. S. Effective - -/- -/2013 Page 23 Section 3. Findings Pursuant to Health & Safety Code. A. California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 require that findings be made in order to change or modify building standards found in the California Building Standards Code based on local climatic, geologic, or topographic conditions. Therefore, the Town of Tiburon hereby finds that these changes or modifications to the Building Code as adopted herein are reasonably necessary because of the following local climatic, geological and topographical conditions: I. Climatic conditions: a. Most of the annual rainfall in Tiburon occurs during the winter, it receives no measurable precipitation between May and October. During this time, temperatures average between 60 and 85 degrees. These conditions eliminate most of the moisture in the natural vegetation and heavily wooded hillsides. The area also suffers periodic droughts that can extend the dry periods to other months of the year. These conditions can be further exacerbated by occasional off -shore hot, dry, Santa - Ana winds. b. Most of the annual rainfall in Tiburon occurs during the winter, and some portions of Tiburon are subject to tidal influences, there are times that flooding conditions occur in low -lying areas. c. Tiburon is situated within a densely populated major metropolitan area (the San Francisco Bay Area) that generates and releases into the atmosphere significant quantities of greenhouse gases, which have detrimental effects to the local climate as determined by the State of California. II. Geologic conditions: a. Tiburon lies near several earthquake faults, including the very active San Andreas Fault and the Hayward Fault, and there are significant potential hazards such as road closures, fires, collapsed buildings, and isolation of residents requiring assistance. b. Much of the Downtown commercial area is located on bay alluvial soils, which are subject to liquefaction in the event of an earthquake. III. Topographic conditions: a. Much of Tiburon is located in steep, hilly areas; many of the residential areas are heavily landscaped; and many exist adjacent to hilly open space areas which are characterized by dry vegetation and have limited access. In addition, the steepness of grades located in the hills and dales results in narrow and winding roads, and limited water supply. Town of Tiburon Ordinance No. 547 N. S. Effective -4- 42013 Page 24 b. The major arterial route between Tiburon and U. S. Highway 101 is Tiburon Boulevard (State Highway 131). Should that highway become impassable, the only alternative roadway on and off the Peninsula is Paradise Drive, a narrow, winding road easily subject to closure in stones and having an extensive history of lane failures due to unstable soils and poor drainage. This would result in traffic congestion, severely limiting emergency access. IV. Adoption by Reference of Tiburon Fire Protection District and Southern Marin Fire District Findings: The Town Council further adopts by reference all applicable climatic, geological, and topographical conditions findings of the Tiburon Fire Protection District and the Southern Marin Fire Protection District in their most recently- enacted ordinances adopting and modifying the California Fire Code and other related codes. B. The above modified building standards are listed below with the corresponding climatic, geological or topographical condition which necessitates the modification. Building Code Climatic, geological and Section Number topographical condition 501.2 Ia, Ila, IIIa, IV 903.2 la, IIa, IIIa,IIIb, IV 1013.1 lb, IIa, IV 1505 Ia, IV Section 4. Severabifity. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 5. Effective Date. A summary of this Ordinance shall by published and a certified copy of the full text of this Ordinance shall be posted in the office of Town Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after the date of adoption, and the summary of this Ordinance shall be published within fifteen (15) days after its adoption, together with the names of the Councilmembers voting for or against same, in a newspaper of general circulation in the Town of Tiburon, County of Marin, State of California. Town of Tiburon Ordinance No. 547 N. S. Effective - -/- -/2013 Page 25 This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 2013, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 2013, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S :IPlanninglRegulationslBuilding Regidationsl2013 Building Codes adoption ordinancev2.doc Town of Tiburon Ordinance No. 547 N. S. Effective - -/- -/2013 Page 26 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Town Council Town Attorney Towrn Council Meeting November 20, 2013 Agenda Item: EC _3 Subject: Recommendation to Adopt a Resolution Approving an Agreement with the County of Marin for the Collection and Disbursement of Measure A Funds; and to Approve a Budget Amendment. Reviewed By: BACKGROUND On November 6, 2012, Marin County voters passed Measure A, a .25 percent transactions and use tax dedicated to parks and open space. The tax became effective on April 1, 2013 and will expire after nine years. Measure A earmarks fifteen percent of Measure A revenues, or approximately $1,500,000 annually, to the "City, Town and Applicable Special District Program" ( "CTSD Program ")" The CTSD funds must be used for the following purposes: • to maintain, restore and /or renovate existing parks, reserves and recreational facilities; • to construct new parks and recreational facilities or acquire parklands; or • to engage in vegetation management to reduce wildfire risk, promote bio- diversity, or control invasive, non- native weeds on public, municipal or district lands. Measure A also provides for a citizen oversight committee that will review expenditures annually to ensure that they conform to the intent of Measure A. After consulting with the stakeholders, the County developed a funding allocation method and form of agreement to use for the CTSD Program. All of the recipient local agencies will (1) enter in an agreement with the County; (2) file an annual work plan; and (3) file an amlual expenditure report. This administrative and reporting structure will ensure that recipients use the new revenues as prescribed by Measure A. ANALYSIS The proposed Agreement reflects the collaboration between the County and other recipients of CTSD funds. The Agreement will allocate the funds on a per capita basis, as follows: • The Agreement allocates 73.55 % of the CTSD funds to cities and towns, reflecting their share of the County's total population. Town Council Meeting November 20, 2013 • Each city and town's share reflects their respective share of the Marin County population living in incorporated areas. The County has calculated that the Town of Tiburon's share is 4.83 %. • The above allocations are based on the California Department of Finance population estimates and may be adjusted every three years to reflect population changes. The County will disburse the CTSD funds twice a year, in January and July. 30 days prior to each disbursement, the recipient cities and towns must submit an Annual Measure A Work Plan. The first Work Plan is due on December 15, 2013; future Work Plans will be due on June lst of each year. Recipients must also submit an Annual Measure A Expenditure Report on or before September 15th, beginning in 2014. The program's benefits to the Town are substantial. On January 6, 2014, the County expects to disburse $539,520 in January. Accordingly, if sales tax receipts meet expectations, the Town's share of the first disbursement will be approximately $26,079. Assuming that the recipient agencies' relative populations remain stable, the Town will receive approximately $52,000 annually and $468,000 over the nine -year life of Measure A. If the Council approves the Agreement, staff will prepare a Work Plan for 2014 in the form set forth in Exhibit 3. Staff anticipates using the first year's funds ($36,079 through this fiscal yar) for vegetation management and improvements in the Town's parks and open space. The annual budget process will include subsequent Measure A expenditures. FISCAL IMPACT The Agreement with the County of Marin will provides Measure A funding to the Town of approximately $52,000 annually for the next nine years. If the Council approves the Agreement, it should amend the current Town budget to reflect the new revenue and expenditures. RECOMMENDATION Staff recommends that the Town Council: 1. Approve a Resolution approving an Agreement with the County of Marin providing for the disbursement of Measure A revenues; authorizing the Town Manager to negotiate and execute the final Agreement and prepare and approve submit the Town's Work Plan for 2014; and 2. Amend the Town Budget by $26,079 for Fiscal Year 2013 -2014 to reflect the Measure A revenues and expenditures. Exhibits: (1) Draft Agreement (2) Draft Resolution (3) Form Work Plan Prepared By: Ann R. Danforth, Town Attorney P of I C)%'� t)i= T1Ri'RO\ ane 2 2 RESOLUTION NO. RESOLUTION AUTHORIZING THE TOWN MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE COUNTY OF MARIN FOR USE OF MEASURE A REVENUES AND TO DEVELOP AN ANNUAL WORK PLAN WHEREAS, on November 6, 2012, Marin County voters passed Measure A, a one - quarter of one percent transactions and use tax, dedicated to parks and open space for the duration of nine years; and WHEREAS, fifteen percent of the Measure A revenues is eannarked for Marin municipalities and special districts for the purpose of managing parks, open space preserves, recreation programs and vegetation; and WHEREAS, the County of Marin is responsible for the administration of Measure A funds, and has developed a form of agreement and program materials for use by Marin municipalities; and WHEREAS, the Town of Tiburon is eligible to receive Measure A funds, currently estimated at $52,000 per year, and must enter into an agreement with the County of Marin, in order to obtain these funds; and WHEREAS, Town staff have presented to the Town Council a draft Agreement and recommends that the Town use the 2014 Measure A funds for vegetation management in the Town open space and the Pt. Tiburon Marsh. NOW, THEREFORE, BE IT RESOLVED, by the Tiburon Town Council that the Town Manager is authorized to negotiate and execute an agreement with the County of Marin to provide for the disbursement of Measure A proceeds and the accounting for Measure A fund expenditures; to develop and submit an annual Work Plan to the County and to take other actions necessary to fulfill this intent; and PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on November 20, 2013, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK a) Q X a) C O U O C O N a) ca Q O C O O Q cn 4- O 0) c� a O >S ^' >0, CU U) c cu O 0 L N O 0 U C7 p- Q UO cu N M U ° U) U) cn o co m a) o } d Q U 6 U N C) N O i O a) N Q -0 U >, X o E M X O W m O p 4-- O) cC O O a) U) O "a 0) C i m O c0 a� IL� Q ° _0 � ° IL °, 0- _0 CU Q 0) M •O to 0 0 rn N C v_1N a mU Q o CU •� Q r •� L O ~ � a) .� Q. 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Y L 0 Q Q) L Cl) m Cd C C m Q m r., U) L- 0 0 c v 0 L) C lo- ° aO+ Q 0— F R O x ° ° ° m 41 O Qj �O f% O� C O N C U) cu cu E Q O oQ a r L O 61} EF} G � � CU U) N ° cu i y L) O O d tm (� L — Q O (Q = N O O N C CD � N C M C Ri d Q) 0 O v 0 'a tm C U Md C Q ° v O' O 0 O c4 N N N L i E 0 O o U 0 0 D Q m C Q 4+ >'.N_ O � N 0 — O * " L' 6 d Q O _ L 0 °L Q) i C) aC3acno.0 i-� V 0 .° L Q L 0 _ t4 Y L 0 0 3 o � E ca r N z w �t O co cu U c N d C N E Q O N c D .0 C N Q N J U (0 C N E C O c c .0 C C a N N c U C N 7 U i tiB C c c U C U m c O .m Q) U N O � U C C (B X c � C O � C O N (6 O 7 C Of� �2 U C 6) E a O CD CD c 0) .m m c E N Q 3 A) a� co c a� E c O c c C C w CL m c U c J+ �U cu c O U N 0 Y 63 Q 41 C O C O U i C O U w 6) 6) 3 a� cu C C Y O O i C i 6) N > > O_ co En o 3 U O O c E O C L Q O O O O N O N O 0) 0) 0) m m (6 y c C c 7 M M N C- E E E 0 C c c .O O O O 65 �6 C6 63 6 6 t i m O1 O) a >>> r_ O R d U W a� N O C Y E O U) a) m O N L O U U C6 C co L C O C C O U C O co E O 4- a) L cu i_ a) U N H C m O (�6 r) O co Z C �L a- d' 0 m c� TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting November 20, 2013 Agenda Item: Cc— Recommendation to Adopt Resolution Commending Former May Denis Rice 55 -year Tiburon resident and former Mayor, Denis Rice, is leaving Tiburon and moving across the country to New Hampshire. Denis' friends and colleagues have taken the time to reflect on his many contributions to the Tiburon community and have asked the Council to lend its voice to this recognition on the eve of his departure. RECOMMENDATION Staff recommends that the Council adopt the resolution commending Denis Rice and wishing him well in his future endeavors. Exhibit: Resolution Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TYBURON PAGE 1 OF 1 RESOLUTION NO. XX — 2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING DENIS RICE AND WISHING HIM WELL UPON HIS DEPARTURE FROM THE TOWN OF TIBURON WHEREAS, Denis Rice, former Mayor and Tiburon resident for the last 55 years, has decided to move across the country to the Town of Hampton Falls, New Hampshire; WHEREAS, Denis' friends and colleagues have taken the time to reflect on his many contributions to the Tiburon community and have asked the Council to lend their voice to this recognition on the eve of his departure; WHEREAS, Denis' public service includes serving two terms as Mayor of Tiburon (1970 -71 and 1971 -72) and one term as Marin County District 3's representative to the Board of Supervisors; WHEREAS, Denis was on the Town Council that acquired the land from Southern Pacific Railroad that has become a priceless treasure, now called the Old Rail Trail, which includes Shoreline Park and runs the entire length of the waterfront to McKegney Green; WHEREAS, after leaving the Town Council in 1972, Denis assumed co- chairmanship of the Tiburon Open Space Bond campaign, resulting in the first open space bonds issued by any municipality in Northern California; WHEREAS, Denis was instrumental in the acquisition of additional open space for the public, including the County's Ring Mountain Open Space Preserve, and he has continued to stay involved with residents who are interested in the future development of the Martha Property; WHEREAS, Denis has worked to improve and preserve our County's pension system and has appeared before the Board of Supervisors on many occasions to provide valuable insight and information; NOW, THEREFORE, BE IT RESOLVED, that the Town Council hereby commends Denis Rice for his current and past service to the community, feeling certain that he will continue to contribute wherever he may reside; and BE IT FURTHER RESOLVED that the Town Council wishes Denis and his wife, Pamela, all the best in their new home and life in New Hampshire. PASSED AND ADOPTED at a regular meeting of the Town Council on November 20, 2013, by the following vote: AYES: COLNCILMEMBERS: EMMETT O'DONNELL, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA94920 To: From: Subject: Reviewed By: I BACKGROUND Mayor and Members of the Town Council Office of the Town Manager Town Council Meeting November 20, 2013 Agenda Item: CC_,�_) Recommendation to Approve Resolution Reallocating Transient Occupancy Tax Revenues for Marketing Tiburon In recent years, the Town Council has prioritized the revitalization of the Downtown. The current action is the latest in a series of actions to create funding for a marketing campaign to attract business to our local hotels and merchants. Transient Occupancy Funds In 1989, the Town Council adopted Resolution 2653 (a), which increased the Transient Occupancy Tax (TOT) from nine percent to ten percent and allocated the additional one percent (10% of the total TOT) to the Tiburon Peninsula Chamber of Commerce for operational and promotional expenses. The Town only had one hotel at that time, The Lodge at Tiburon (then known as The Tiburon Lodge); the Town has never allocated the TOT received from the subsequently established Water's Edge Hotel to the Chamber. In the current calendar year, staff expects the Chamber will receive $50,000 from The Lodge at Tiburon TOT revenues. Business Improvement District Funds The Town Council formed the Tiburon Tourism Business Assessment District (BID) in 2007 at the request of the Town's two hotels. The BID levies an additional 2% TOT on the hotels and currently generates approximately $132,000 annually, for use in promoting the local lodging industry. In 2013, the Town Council approved an agreement terminating the Town's contract with the Marin Convention and Visitors Bureau. This termination brought the BID funds back to the Town for use in directly marketing Tiburon as a destination. The Town took this action, at the request of the hotels and pursuant to the advice of the Town Council Downtown Committee and the advisory Marketing & Communications Task Force, believing that the BID funds would be more effective if spent on local marketing rather than through a county -wide marketing organization. The Town intends to eventually provide these funds to a yet -to -be formed Tiburon Visitors Bureau (TVB) to perform this marketing function. Until such organization is incorporated, the Town Council authorized the Town Manager to use these funds for marketing purposes, in consultation with the hotels and other downtown business interests. PAGE 1 OF 2 TOWN OF TIBURON Town Council Meeting November 20, 2014 ANALYSIS The Chamber of Commerce performs a key function for the benefit of the downtown. The Chamber orchestrates popular events such as the Wine Festival and Friday Nights on Main and organizes merchants for mutual promotions. However, the Chamber is not a strategic marketing and communication organization. Going forward, the anticipated Tiburon Visitors Bureau will need appropriate and dedicated funding sources to develop and implement strategic marketing and communication plans to benefit our hotels and all other retail businesses in Town. The Town has already created a portion of this funding by reclaiming the BID funds. However, a broad marketing campaign will require unrestricted funds in addition to the more limited BID funds. Staff recommends that the Town secure such funds by reallocating a portion of TOT dollars currently flowing to the Chamber. Together, the BID funds and reallocated Chamber funds would provide a meaningful financial base enabling the creation of a long term marketing and communication program for our community and a strong catalyst for sustaining the Town's revitalization initiatives. The Chamber would continue to receive substantial funds under this proposition, approximately $25,000 per year, leaving them well positioned to carry on their critical special event work. Even at this reduced level, the Town's contribution to the Chamber would be substantially greater than is typical for comparable communities in Marin and elsewhere. FINANCIAL IMPACT The attached resolution reallocates one -half of the funds currently flowing to the Chamber of Commerce to the Town's marketing effort effective January 1, 2014; this will have no net impact on the Town budget but will result in greater marketing activity. RECOMMENDATION Staff recommends that the Town Council: Move to approve the attached Resolution. Exhibits: Resolution Prepared By: Peggy Curran, Town Manager Page 2 of 2 TOWN or- T I B I TROD RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ALLOCATING A PORTION OF TRANSIENT OCCUPANCY TAX RECEIPTS TOWARDS MARKETING THE TOWN OF TIBURON WHEREAS, Resolution 2653(a) of the Town of Tiburon was adopted on November 15, 1989, and increased the Transient Occupancy Tax (TOT) collected from hotels from nine percent to ten percent. It also indicated the Town's intent to allocate one percent of the TOT collected from the Tiburon Lodge (10% of amount remitted to Town) to the Tiburon Peninsula Chamber of Commerce (Chamber) to assist in covering its annual operational and promotional expenses. WHEREAS, in October 2000 the Water's Edge Hotel opened in downtown Tiburon and the TOT collected from the hotel is not subject to allocation to the Chamber. WHEREAS, the Town of Tiburon has embarked upon an extensive marketing campaign in recent years to promote tourism and revitalize the downtown, and wishes to retain a portion of these funds in a separate account for the purpose of marketing Tiburon. NOW, THEREFORE, BE IT RESOLVED, that effective January 1, 2014, the Town of Tiburon shall: 1. remit five percent (5 %) of the TOT received from the Lodge at Tiburon to the Chamber for the purpose of promoting Tiburon businesses and conducting special events. The Chamber shall submit an annual budget to the Town for each prospective calendar year indicating how these funds shall be spent; and 2. retain five percent (5 %) of the TOT remitted by the Tiburon Lodge to be held by the Town in a separate account for marketing purposes. BE IT FURTHER RESOLVED, that these retained funds shall be used to market Tiburon as a destination and increase the demand for local goods and services by Tiburon residents and visitors. The Town may, in the future, determine that the most effective means of expending these funds for this purpose is to contract with a third party, such as a Tiburon Visitor's Bureau. 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: ABSENT: COUNCILMEMBERS: EMMETT O'DONNELL, MAYOR ATTEST: DIANE CRANE- IACOPI, TOWN CLERK