Loading...
HomeMy WebLinkAboutTC Agenda 2019-02-20 TOWN OF TIBURON Tiburon Town Council I Tiburon Town Hall February 20, 2019 _2 1505 Tiburon Boulevard Special Meeting 6:30 P.M. Tiburon, CA 94920 Regular Meeting—7:30 P.M. . TIBURON TOWN COUNCIL AGENDA Teleconference.Location: Councilmember Holli Thier The Ritz-Carlton, Lake Taboe 13031 Ritz Carlton Highlands Court Truckee,CA 96161 PURSUANT TO THE RALPH M. BROWN ACT,ALL VOTES SHALL_BE BY ROLL CALL DUE TO COUNCILMEMBER TRIER TELECONFERENCING FROM THE RITZ CARLTON LAKE TAHOE,13031 RITZ CARLTON HIGHLIANDS COURT,TRUCKEE,CA 96161 SPECIAL MEETING—6:30 P.M. CALL TO ORDER AND ROLL CALL Cotmcilmembcr Fraser,Councilmember Thier, Councilmember Wehner,Vice Mayor Fredericks,Mayor Kulik CLOSED SESSION L) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: 500 Tiburon Boulevard,Tiburon,California;APN's 055 093-06,07,08,08 Agency Negotiators: Greg Chanis,Benjamin Stock Negotiating Parties: Town of Tiburon and Richardson Bay Sanitation District Under Negotiation: Price and terms for possible property acquisition. 2) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIG.-ITION Significant Exposure to Litigation Pursumit to Paragraph (2)of SLlbdivinion (d) of Government Code Section 54956.9: (1 potential case) INTERVIEWS FOR VACANCIES ON TOWN BOARDS Esc COMMISSIONS • Darvin Hosseinyoun ADJOURNMENT— to regular meetin- REGULAR MEETING — 7:30 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fraser,Councilmember Thier,Councilmember Welner,Vice Mayor Fredericks,Mayor Kulik ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION 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. 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. CC-1. Town Council Minutes — Adopt minutes for February 6, 2019 special and regular meetings (Town Clerk Stefani) CC-2. 2000 Paradise Drive (Caprice Restaurant) — Adopt Resolution partially granting appeal of Design Review Board approval of a 37 square foot addition. Exterior changes also include raising the roof by 1 foot, a new awning, window changes from west elevation, and change in color (Community Development Department) Owners/Applicant: Jerry Dal Bozzo/Audrey Hitchcock Appellant(s): John Davis&Heidi BCU "nes Address: 2000 Paradise Drive Assessor Parcel No.: 059-172-46 CC-3. Resolution —Adopt Resolution in Recognition of Town Services (Department of Administrative Services) RECOGNITION OF TOWN SERVICES • Heidi Bigall,40 years of Service to the Town of Tiburon ACTION ITEMS A1-1. Town Audit Report — Recommendation to accept and file the Town's FY Basic Financial Statements and Independent Auditor's Report (Department of Administrative Services) AI-2. Special Event Permits—Consider two special cwent permits by the Chamber of Commerce for two 2019 events to include the closure of'lain Strcet (Chamber of Commerce/Department of Administrative Services) AI-3. Richardson's Bay Regional Agency Update-Receive update from Executive Director of the Richardson Bay Regional Agency and consider funding request for Eelgrass study (Executive Director Beth Pollard) AI-4. Proclamation of Local Emergency-Consider Resolution proclaiming a local emergency related to storm damage to Vistazo West and Paradise Drive during a recent winter storm(Office of the Town Manager) PUBLIC HEARINGS PH-1. Alta Robles Subdivision - Consider adoption of Resolution granting request for a 3-year time extension on an Approved Vesting Tentative Subdivision Map (Community Development Department) TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests-February 8 &15, 2019 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 arc 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.townof tibu ron.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address,phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. Town of Tiburon e 4AIR 1505 Tiburon Blvd., Tiburon, CA 94920 Istefani@townoftiburon.org 415.435.7377 TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk d � Full Name: Darvin Hosseinyoun Date: 1/22/2019 Please indicate your areas of interest in numerical order: 2 Planning Commission 4 Parks, Open Space & Trails Comm. 1 Design Review Board 3 Bel-Tib Joint Recreation Board 10 Heritage & Arts Commission 6 Disaster Advisory Council 5 Bel-Tib Library Board 8 Commission on Aging 7 Affordable Housing 9 Building Code Appeals Board 96 Mount Tiburon Road Address: Street Address Apartment/Unit# Tiburon, CA, 94920 City State ZIP Code Phone: (415)-320-3801 Email: darvinhoss@gmail.com I'm interested in these areas because I believe I can be the most help in these areas with the skillsets and experience I have garnered. Planning is of particular interest because it involves creativity, vision, and real estate knowlege, which was something I studied extensively. Design review is also fascinating because it helps expose you to different ideas and perspectives of what people in the community are seeking approval for which can be not only be an invaluable learning process but an insight into what people are passionate about. s � JIM $MET I recently graduated from New York University (NYU) with Cum Laude distinction. I studied real estate at my university and complimented this with numerous internships. I continue to apply these coursework learnings as a full-time valuations analyst at Prologis. Prologis, is a real estate investment trust (REIT), that focuses on high-barrier and high-growth markets with an emphasis on logistics and this exposure has quickly developed my thought process, critical thinking, and accountability as I'm being tasked to evaulate a sizeable portfolio with a plethora of assets. I believe this background will bring forth both a healthy concept of knowledge along with the ability to bring forth a different perspective. Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. Darvin Hosseinyoun 96 Mount Tiburon.CA,94920•415-320-3801•dhossein�oun r;prologis.com EDUCATION New York Universitv.New York.NY Graduation:May 2018 Schack Institute of Real Estate Major GPA:3.94 Bachelor of Science in Real Estate Cumulative GPA:3.75 Honors Received:Cum Laude ACTIVITIES Kappa Sigma Fraternity:Previous social chair,intranuual chair_and volunteer chair Aug 2014 to Present Best Buddies:Nonprofit.volunteering position Aug 2015 to Present Real Estate Club Aug 2014 to Present COURSEWORK •Commercial Lease Analysis Real Estate Principles Calculus •Real Estate Finance f=inancial Modeling Microeconomics •Real Estate Accounting&Taxation Real Estate Law •Real Estate Valuation •Intro to Risk and Portfolio Management Real Estate Development Process •Macroeconomics •Real Estate Market Analysis Real Estate Capital Markets •Algebra and Calculus AWARDS AND SCHOLARSIIIPS New York University Honors Scholar Aug 2014 to June 2018 New York University Dean's List Aug 2016 to June 2018 California Scholarship Federation Aug 2010 to.lune 2014 EXPERIENCE Prologis,San Francisco,CA Sep 2018 to Present Valuations Analyst • Supporting the valuation team in preparing,reviewing.and presenting models across markets using discounted cash flow, residual analysis,and income capitalization methods • Interacting with regional operating teams and market officers to understand local market trends and property specific characteristics • Participating in market research of-comparables for quarterly tracking,and providing feedback for determination ofmarket rents,growth rates,cap rates,value trends and risk factors • Providing 3rd party appraisers with properly information.reviewing appraisals for reasonableness,accuracy,and consistency; and assisting in providing feedback on drab appraisal reports • Assisting in the preparation of quarterly Investment Committee reports summarizing portfolio results,value changes,and the group's outlook based on the market trends • Providing internal valuations and analvtical assistance to regional teams and for strategic decisions and acquisition/disposition efforts,as needed • Assisting in ongoing development o1 the Valuations group.including the development of appropriate applications and processes;and the enhancement of our data mining capabilities Equiventure Capital LLC.New York.NY Nov 2016 to Aug 2017 Assistant Financial Analysi • Helped the vetting,underwriting.and analysis of numerous real estate proiects ranging from domestic to international locations • Inspected nunnerous components of each proposal including.but not limited to.competitive properties,proposed sources and uses of finds,.site plan_timeline and dcnnographic research • Exposed to a wide variety of commercial projects such as retail ground uh_residential condominium,and mixed-use • Aided the JD Manager with the lending process and helped decipher prudent investments SKILLS Trilingual:Spanish.Farsi,and English Proficient in Microsoft Word_PowerPoint.ENeel_and Outlook Argus:Enterprise and Developer Proficient in DropboN.Salesforce.and Yardi CC-1 TOWN COUNCIL SPECIAL AND REGULAR MEETINGS DRAFT MINUTES SPECIAL MEETING —6:00 P.M. Mayor Kulik called the special meeting of the Tiburon Town Council to order at 6:00 p.m. on Wednesday, February 6. 2019, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks, I , Welner(at 6:15pm) ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: TownMu,1, r Chanis Town Attorne ,ock, Director `\Commu evelopment Kwon, Director Ii rks/Town Engineer Barnes, Director of strative Services Bigall, anagement A t Creekmore, ing/Finan eager Kurakina, Associate Ian ey, Clerk Stefani f ORAL COMMUNICATIONS There were none. INTRODUCTION O WTO STAFF • Elena Kuraki ecou anager Management Cree 011 introduced new Town employee Elena Kurakina, who will serve as A ,_ inari'= , : anager. Ms. Kurakina said she was happy to be on the team. PRE ATIONS . • nhouse Gas jetion —Christine O'Rourke, Marin Climate and Energy Pa hip r Christine O'Rot t rated on Tiburon's community-wide emissions report and Tiburon's Ns" government emisseport. She reported a positive reduction in emissions, and said Tiburon has met its 2020 emissions reduction goals, but still has a way to go to meet the 2030 and 2050 goals. CONSENT CALENDAR CC-1. Town Council Minutes— Adopt minutes of January 16, 2019 regular meeting (Town Clerk Stefani) Page 1 (?1'15 Tor-nii Council NIii7irles #02-2019 DRAFT Februazy 6, 2019 CC-2. Investment Summary—Adopt investment summary for month ending November 30, 2018 (Director of Administrative Services Bigall) CC-3. Investment Summary—Adopt investment summary for month ending December 31, 2018 (Director of Administrative Services Bigall) CC-4. Mayor's Proclamation —Adopt Mayors Proclamation in honor of Cathleen Andreucci (Department of Administrative Services) Councilmember Thier requested Consent Calendar Item No. I be ren-to r amendments. MOTION: To adopt Consent Calendar Items Nos. 2-4, as writ Moved: Thier, seconded by Fredericks VOTE: AYES: Unanimous CC-I. Town Council Minutes—Adopt minutes of J y 16, 20 regular meetr Town Clerk Stefani) Councilmember Thier made a change to Item No. CC-] a rected the vote. She said she voted in favor of the item, and was not abs MOTION: To adopt Consent Calendar I ende Moved: Thier, seconded by Frederick VOTE: AYES: U1 imous ACTION ITEMS AI-I. Town Council rd and mittee A nmen —Consider revisions to the Town Council Committee L 2019 ministrative Services) Town Cleric St aid it alar practice for the Council to review their annual list of appointme iona local boards and commissions, and to Town ad hoc subcom es. She re : Kende Council review the list for any changes, and particularly consi raking appointis to th aria County Council of Mayors and Councilmembers ad hoc su nittee on hom sness and the Tiburon Peninsula Traffic Relief JPA. Of the Town hoc su ' irnittees, she recommended the Council review the list for changes, and particularlembership to the 2019 Budget/Finance Committee and dissolve the 2017-18 Shared s, McKegney Green Renovation and Litigation ad hoc subcommittees. She added it would now be appropriate for the Council to consider converting the remaining ad hoc subcommittees to standing committees, or dissolve them if they are no longer necessary. Mayor Kulik opened the floor for public comment. There was none. Councilmember Fraser nominated Councilmember Fredericks to serve as Alternate Director to the Tiburon Peninsula Traffic ReliefJPA. Councilmember Thier volunteered to serve on the homelessness ad hoc subcommittee. Page 2 of 15 Tolrn Council Minutes 902-2019 DRAFT Februar>>6, 2019 For the 2019 Budget/Finance ad hoc subcommittee, Mayor Kulik said he would like to serve With COUncilmember Fraser. Councihpember Weiner requested a discussion at a future meeting about another committee on energy conservation and climate change issues. The Council thought the annual Council/Staff retreat would be a good opportunity to discuss the matter. MOTION: To appoint Alice Fredericks as Alternate Director to the Ti n Peninsula Traffic Relief JPA; to appoint Holli Thier to the MCCM IOC subcommittee on homelessness; to appoint David Kulik and Jim Fra the 2019 Budget/Finance ad hoc subcommittee; to dissolve it n, McKegney Green Renovation and 2017-18 Shared Servicesa oc subittee; to change the status of the remaining ad hoc subcommi to standing c 'ttees. Moved: Welner, seconded by Thier VOTE: AYES: Unanimous AI-2. Virginia Drive Undergrounding District— er mu n required construction contingency for the Virginia Drive Undergrounding proje artment of Public Works) Director of Public Works/Town Engineer staff is r pending a construction contingency for the Virginia Drive undergr din f 200 e said the estimated cost of the project had increased between the prelin ry en rt and the completion of the complete design. Barnes said co re expect tinue in easing. Barnes explained the hist f the p ct, and that if the approved assessment funds are insufficient to cover th t of the ct, based the construction bids submitted, the Town would need to author other v > ital assessment. He further explained that if the project goes over bu L constr and there are insufficient funds in the assessment to c to the ct, the Town would likely need to fund the remainder. Barnes iat while ging t nstruction contingency to the bids may actually push the proje er the threshol thus r vire a supplemental assessment, any unused funds will be returne he property ow S. The Collnci staff , pand on the need for the Town to pay any over-budget costs of the project. Town canis explained that whether or not the district requires a supplemental assessment, the Tod ; ill be obligated to complete and fund any project that begins. He said an appropriate contingency is necessary to cover any unforeseen expenses or change orders that arise during construction. He said if the assessment fund pool and contingency is not enough to cover the extra expenses, the Town is still committed to paying for the total cost. COuncilmember Thier asked if the increase in construction costs while waiting for a supplemental assessment had been considered, and how staff decided between recommending a 20 and 25% contingency. Page 3gf'15 Toivn CozIncil111hutles 402-2019 DRAFT February 6, 2019 Barnes confirmed this point, and said the staff recommended 20% over 25% because it seems to be a straightforward project, but it is impossible to know until construction begins. He expressed concern that the Town covering a portion of an undergrounding district is against Town policy. Vice Mayor Fredericks asked if there was a downside to a higher contingency. Chanis said the only downside is asking the property owners to vote for a higher assessment amount, but confirmed that any unused finds would be returned to the property owners. Mayor Kulik opened the floor for public comment. Henry Ho, Virginia Drive, said he was a property owner in the distri spoke in favor of a contingency, but spoke against the differing assessment amounts ' t. He thought the total cost should be split equally among all property owners in tl ►strict. Paras Fancy, Virginia Drive, spoke about the safety bene 'undergrounding. ked the Council to consider waiting until the bids come in to s conting ncy to get a be idea of costs so as to avoid the need for a supplemental vot unkno formation. Mayor Kulik closed the floor. Vice Mayor Fredericks commented that t . d numbe► not be the final cost of the project, and change orders arise that increa ost nstru i. Chanis said the bid numbers should not dictate the contingency enta e what the Council deems appropriate. Councilmember Thier asl I hat co the cont ncy will be applied to. Chanis said the contingency will be ap to the bi Councilmember Welner in av plying a higher contingency, like 25%, to the project, out of ndanc aution, considering the unused funds will be returned to the Property o\ May ik agreed that ing a ghee contingency would put the Town at the least risk as possib ". e Council agre MOTION: set the,;, imum required construction contingency for the Virginia Drive ding project at 25%. Moved: Fre <s, seconded by Welner VOTE: AYE Unanimous CLOSED SESSION 1) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property:500 Tiburon Boulevard, Tiburon, California; APN's 055-093-06. 07, 08. 08 Agency Negotiators: Greg Chanis. Benjamin Stock Page 4 of 15 Tou,rn Coinicil Nlii7uies #02-2019 DR4FT Februar-i%6, 2019 Negotiating Parties: Town of Tiburon and Richardson Bay Sanitation District Under Negotiation: Price and terms for possible property acquisition. 2) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(d)(1)) Name of Case: People of the State of California v. Rosna Tjuatja, Marin County Superior Court Case No. CIV 1801979 3) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: 7 Marsh Road, Tiburon, Califor 8-440-27 Agency Negotiators: Benjamin Stock, Heidi Bigall Negotiating Parties: Town of Tiburon and Jose ondy Under Negotiation: Price and terms for pos ' property acquisiti ADJOURNMENT—to re,ular nieetina REGULAR MEETING— M. Mayor Kulik called the regular meeting o n Town it to order at 7:45 p.m. on Wednesday, February 6, 2019, in Town Co it 1505 ron Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCI BE Fra Fredericks, Kulik, Thier, Welner ABSENT: COU EMB e PRESENT: FICI Town Manager Chanis, Town Attorney Stock, Director of Community Development Kwon, Town Clerk Stefani ANN EMENT OF TION TAKEN IN CLOSED SESSION IF ANY None. JONS ORAL COM . r Steve Weisenbakech Road, spoke on behalf of several Peninsula residents in support of the appeal recently filed relating to the proposal amplified music at Sam's Anchor Cafe downtown. He said the group did not believe the proposal was in line with the General Plan. Hank McWhinney, Paradise Drive, spoke against the Sam's Anchor Cafe proposal and thought Tiburon needed a noise ordinance. Page 5 q1'15 Toi>>n C'ouneil Mii7irtes #02-_7019 DRAFT Februaiy 6, 2019 Another resident from Beach Road said sound travels across water, and the noise from the Sam's Anchor Cafe proposal will dissipate natural wildlife sounds and decrease property value for those that live on the water. PUBLIC HEARINGS PH-1. 8 Rolling Hills Road —Consider appeal of Design Review Board approval of a request for a new house and Variance for front setback(Community Development Department) Owners/Applicant: Ana & Joseph Lepera Appellant(s): James & JoAnn To, Renata & George Le tt& Sam Chatham Address: 8 Rolling Hills Road Assessor Parcel No.: 058-111-24 Director of Community Development Kwon summarized th posed projec ; . history of actions taken by staff, the Planning Commission, Town it and Design Rev oard. He said the applicant has gone to the Design Review Boar ee times nd made varyi, hanges to their proposal based on comments from the Board. id the pr was approved with a front setback Variance on 11/15/18, and the appellants file el eal of the DRB approval. He noted that several of the original applicants had requeste removed from the appeal as appellants to allow them the opportunity to ak during pu mment. Vice Mayor Fredericks inquired about ho fro ism red. Kwon explained the setback is measured from the property line in th ement. Mayor Kulik commented th lot of y with this project, and asked the Town Attorney to comment on shout review Town Attorney Stock said the Town Council adopted a Resolution mg the D m Revie and to take certain things into consideration when reviewing the He sa' 7 ild determine if the Design Review Board followed the Town Cou r n set o ie Resolution. Kulik and F d fog 'tional details on the Variance requirements. Kwon explained the appydid not r t a si rd Variance. Appel , 11", •esentation James rho, . Rant and o r of 88 Rolling Hills Road, said this property was previously governed by ;Iding e ope. He presented a rendering of what the neighborhood would have expected t .,; - : n the lot, had the envelope been retained. and then a comparative � d hone. Mr. To arbued that the proposal is a large departure from What rendering of the p�'' , � «- , the neighborhood expected based on the removal of building envelope. He said he and his neighbors believe it to be too large and out of character with the neighborhood. Mr. To reviewed four specific recommendations for modifications including the removal of the lower level, increase the space between the property and neighboring 6 Rolling I-fills. lower the height of third level and to assist in preservation of natural screening at 88 Rolling Hills Road. He said these specific requests were meant to protect the neighborhood from the impacts of the proposal. Puge 6 o, 15 Town Council Minutes 402-2019 DRAFT Februury 6, 2019 Mr. To expressed disappointment that the Town Council's original directive to consider the rationale for the original building envelope when reviewing the proposed design was ignored. Bob Haroche, attorney for the appellants, said this project does not fit in to the neighborhood. He argued that the Council removed the building envelope with the directive that the Design Review Board still keep the same objectives and tools that the envelope provided. Mr. Haroche presented comparable home data fi-om other homes in the are- >d said the data on shows how this home is significantly larger than others in the neighbor Applicant Presentation Joseph Lepera, applicant and owner of 8 Rolling Hills Road, sai e Coun asked tonight to determine if the Design Review Board followed the directiv I d feedback o Town Council in their review of the proposal. Mr. Lepera argued that th ign Review Boar onsider the Hillside Design Guidelines, the Municipal Code and f ck from neighbors abou 'e character of the neighborhood. Mr. Lepera reviewed the detailed changes that had been i ter all three Design Review Board hearings. He specifically noted that - gad heard the i bons' feedback about landscape screening, and revised his proposal to reta ig oak tre e said all 35 changes were made in response to feedback from the Bo n ors. Mr. Lepera said the Council's d'- tive to ma i l 0-foo ieight restriction from the street had been retained to protect rs, and d that 43% of the home is now underground in response to the Design iew B is coma s about cutting the home into the hillside. Mr. Lepera also sho veral c raphs exhibiting the view impacts on several neighbors as the designs d. Mr. Lepera ha everything the Town had asked him to do, and the Design Review J followe , appr e principles, the Municipal Code and the Town Council's recoi dation in their ion. Mayor Kt id the Coun allowed the former appellants to speak for three minutes each. Public Con-mei David Readerman, ' mg Hills Road, spoke against the proposal and in favor of the appeal. He said he has different come data than Mr. Lepera presented, and expressed disappointment over the suggestion to increase the size of the home again. He said the process was not handled well. Scott Peters. Rolling Hills Road, opposed the project in its current form. and said it was out of character with the neighborhood. He expressed disappointment that the size of the home had increased again, and asked the Council to intervene. Page 7 of75 Town Council Mimales 902-2019 DRAFT Februui-Y 6, 2019 Rita Burgess, Rolling Hills Road, said there had been a lot of opportunities for significant changes to the proposal during the process and none were done. She said the home was out of character with the neighborhood, and made several suggestions for changes. Alan Rappaport, Rolling Hills Road, spoke in support of the appeal and said there was an expectation of the preservation of views with the removal of the envelope. He said the neighbors do not object to a development on the lot, but they do object to this proposal. Another Rolling Hills Road resident said the neighbors have a fail-expecta to retain the character of the neighborhood. He said this proposal is an improvement is still not acceptable. He said when the envelope was removed, there was an e tion that this would be a very different project. Rebecca Bunya resident said information needs to be consistent) plied R,, the hearing, and the process should be fairer. Appellant Rebuttal Mr. To pointed out that while Mr. Lepera suggested orae w e a visible 2600 square foot home,the visible mass of the home appears to be o t times larger. Mr. Haroche found it unusual that Mr. Lep - is suggesting ouncil consider his original proposal, and said many of the points he ► changes i► resentation were irrelevant because they do not address the major pro b o t: the and scale of the home. He argued that if the home were scaled back to origi lie building envelope, a much smaller home would be propose Applicant Rebuttal Mr. Lepera believed h followe of the C il's directives, including the standard procedure for buildin w hon gn Review Board addressed the Council's comments at length, an e I ►ght restriction imposed by the Council was still in place. Mr. Lep id their p al bu own the hill, and does not violate the side setbacks. He said t � ose proximity t neige ring property is because that property exists within its own se and argued th is home should not be penalized for that. He said lie built within his allow arameters. Council Delibe► Mayor Kulik invit Mon Cousins of the Design Review Board to speak. Board member Cousins said the Design Review Board considered their directive fi-om the Town Council Resolution relating to the bulk of the hone and the 10-foot height restriction, and did not necessarily review the prior building envelope. He said the home has minimal impact on the character of the Rolling Hills neighborhood, because only 10 feet is visible fi•on the street. He noted that it is normal to have a garage like the proposed on a sloped lot. Page 8 of I5 Town Council A7inetes #02-2019 DRAFT February 6, 2019 Cousins believed the bulk of the building was within the envelope, and the lower two stories are not largely visible. He noted that this home has a lot of excavation, and much of the usable rooms are underground. He said it is the policy of the Design Review Board to exclude the square footage that is underground and not visible as part of the building mass. Councilmember Thier asked to re-open the Public Hearing to hear thoughts on Board member Cousins' statements. Renata Lee, appellant, disagreed with Board member Cousins and said the ign Review Board did not appear to address the visual bulk and mass of the building. Joseph Lepera, applicant, said every time the Board asked for cha licants complied. He said much of the home is built into the hillside and undergrot and of me is visible above ground. Councilmember Weiner first said he is not intending t ' iew any for version o plans, other than the final version approved by the DRB. r said tl hitectural drawings showing how the home is built into the hillside and Co s lents about what a taller home built within the envelope could have looked like at this si convincing. He felt that building the home down the hill was a mor oughtful desib I e said the biggest impact seemed to be on the neighbor at 6 Rolling is not obj 7 to the project. He said he was inclined to approve the project the DR pr Councilmember Thier believed roposed till be to big, and not in keeping with the rest of the neighborhood. Sh tall of eighbors were present, except one. She felt compelled by the appella nalysi other h sizes and data in the neighborhood, and said more work could be d scale th ze back. aid she would be in favor of granting the appeal with the condi f incre b ween 6/8 Rolling Hills, reducing the height of level 4, and scaling ba v Vice Mayo- gree Thier. She agreed that the comparable home data was compel]' he said p the creates impacts and while things have been reduced, more s to be done to a me ingful impact on the neighbors. She noted she would also like to condition that applicant take responsibility to provide adequate landscape screening. Councilrnembe d he found it difficult to find significant impact to Mr. To's home. Fraser also believe ould be unfair to penalize the applicant for building within the parameters of his lot ecause the neighbor built within their setback. He said the evidence on both sides was compelling, and he wanted to find a compromise. He thought a good compromise might be to scale back level 3. He recommended including a condition for landscaping. Mayor Kulik agreed that he has no desire to revisit any prior version of this project, other than what was presented to the DRB. He said his initial concern was the impact of a Variance on the neighbors, but said in this situation, the Variance seems to mitigate some of the concerns. Page 9 of 1 S Town Council Minutes 902-2019 DRAFT Februca-v 6, 2019 Kulik said he could support the DRB's findings for the front setback Variance. He thought the main issue was level 3, and felt it could be further minimized. He acknowledged the neighborhood's concern of the close proximity between 6/8 Rolling Hill, but said he did not feel comfortable imposing a restriction on a property that is in compliance with its own zoning. He agreed on a landscaping condition. The Council discussed what directive to give the applicant prior to coming back to the Council. Weiner said the Council could ask the parties to work together and come b to the Council with their determined compromise. He said he did not see any of the si ssues the appellants raised as enough to overturn the DRB decision, but agreed that scalir k level 3 could be appropriate. Thier believed what is being proposed is too large, despite a aving been ince the first design. She agreed that reducing the level 3 will lessen ii s, but said she wo e to see the parties work together on a compromise. Fredericks agreed that scaling back level 3 would less it Kulik said there appeared to be consensus -equiring con for landscape screening and the lateral reduction of level 3. Thier and d. MOTION: To continue the item to the h 20.. Council meeting and direct the applicant to meet h the app d cons i r pulling back Level 3 laterally and looking t greem ith 88 Rolling Hills regarding the landscapii -een; i - agreem annot be reached, the Town Attorney will bring f d a coed' i of appro for consideration on March 20, 2019. Moved: Thier, ded b VOTE: AYES: At 10:35 P lik c, for a recess. The Council resumed at 10:45 P.M. P11-2 0 Paradise D (Capr e Restaurant) —Consider appeal of Design Review Board approv 37 square foo dition. Exterior changes also include raising the roof by 1 foot, a new awnr indow chan . on the west elevation, and change in color-(Community Developmen artme Owners/A nt: Jerry Dal Bozzo/Audrey Hitchcock Appellant(s): John Davis & Heidi Barnes Address: 2000 Paradise Drive Assessor Parcel No.: 059-172-46 Director of Community Development Kwon said the Council had continued this item to tonight with a request for the applicant to provide visuals to better determine view impacts on the appellants, additional analysis on a primary vs. side view, and clarifying information about what interior restaurant seating might be affected by a lower ceiling. Kwon said the applicants had Page 10 of 15 Tor-rn Cozrncil/V1inuies 402-2019 DRAFT Febrzuarr; 6, 2019 provided this information, and clarified the uses of some of the areas under 8 feet in ceiling height inside the restaurant: the dining area, seating area and exit hallway. For the additional view analysis, Kwon directed the Council to several points in the Hillside Design Guidelines. He said the guidelines state views from primary living areas are more important for view protection than areas less actively used in the home, and a wide panoramic view can accept more view blockage than a small slotted view. Kwon concluded his report by reviewing a new letter submitted by the ap nts, and providing a brief staff analysis. Appellant Presentation Riley Hurd, attorney for the appellants, said the Council is being sente new and critical information tonight about the impacts of this project, and th re, the Desig iew Board was not fully aware of the impacts of the project when th iewed it. He said the view, sound and odor impacts are bigger than previously tho Mr. Hurd questioned the Council's ability to make the IT ings from the Zoning Ordinance to be able to approve this project, and express pointment at the lack of data made available to the appellants, staff, the ign Review nd the Council. He said all the required information should be provided ling. Mr. Hurd showed comparative photographs ibiti ''" ' pacts of the proposal, and argued that the mechanical equi nt placem creep is roblematic. He argued that information or a spec sheet I went sl be provided for analysis prior to approval. He said the project is not Tete, , not rea r a final decision. He recommended sending the project back to the gn Revie oard wit] new renderings, or asked the Council consider alternate me to min' Mr. Hurd intro John . , architect, who was asked if he can meet the goals of this project wit he i► r height. Mr. Drake showed an alternative solution and showed del of ho 'r pro could fit within the roof ridge without raising the height. Heidi appellant, sa le Council could now see the impacts of this project on her property. aid they ha gaged a qualified professional to come up with a solution,but had been ignore e appl' s. She expressed disappointment that the applicants are taking away their view becai not want to spend more time to get it right. She asked the Council to help them find the balance. Applicant Presentation Jennifer Dal Bozzo, applicant and co-owner of the restau►-ant, showed several aerial photographs, exhibiting the location and orientation of the two neighboring properties and the proposed outcome of their project. She showed the appellants' property extending further out into the water, and the location of the discussed atrium, which she noted was not a primary living space. Page 11 of 15 Toivn Council Nlimacs 902-2019 DRAFT Fehruarw 6, 2019 She highlighted and reviewed nine roof items, and explained which ones will consolidated, and which ones will be removed entirely, including conduit piping and other debris. She said the new equipment is all in accordance with current regulatory requirements, and is required for normal operation of the restaurant. Ms. Dal Bozzo showed a photograph taken from the appellant's atrium, and reviewed the renderings of several different options for the equipment screening. She said the applicants are flexible to work with the appellants to find a screen option that would be acceptable to them. Ms. Dal Bozzo said there are many other code requirements that will n be addressed in the update of the building that require substantial investment. She said t m did research on the property to understand what would be necessary to update it, and ave purchased it if a Variance had been required. She said the applicants are seekinb ual op ity to improve their property based on existing guidelines. Vice Mayor Fredericks asked what portions of the pro• ere app ved by the ap Ints. Ms. Dal Bozzo said no portion had been approved by thllants. Mayor Kulik asked if any of the new equipment was ther port a new feature beyond what currently exists. Ms. Dal Bozzo said no. Councilmember Fraser asked Ms. Dal Boz o re evera erent options for equipment screening again. Councilmember Thier asked nsulati tion presented by the appellants, and if it was an option they could cons' Ms. ozzo s rtilizing this option would not necessarily alleviate the height iss ie explai that they it to keep the roof as low as possible, but may need up to 12 in Lie to r - 1-' ances while building. Public Comme A Main Str t. 'd he ntly lives adjacent to two restaurants. He said it is difficult to live nex restauran use sound and odor associated with the various equipment need run the restaura e belied the noise issues were important to consider. Pat Wals ch Road, bei: ed if the applicants could find a way to do their proposal without blocking the Uhbor'� , they should explore it, and that the Design Review Board should have been giver - i cation to make a decision long before now. Appellant Rebuttal Mr. Hurd argued that the items that will be removed or consolidated from the roof is not relevant, as the issue is the mass and location of the new equipment. He said the Council should be asking detailed questions about the equipment, and if the applicants cannot answer those questions, it is not time for a decision yet. He believ ed the second appeal hearing was far too late to be receiving the information, and asked the Council to consider the impacts on the appellants. Page 12of15 Toren Council Minutes 902-2019 DRAFT Fehruary 6. 2019 He also said the appellants have designed an alternative option for the roof that would be acceptable, and questioned why the applicants have not pursued it. Applicant Rebuttal Ms. Dal Bozzo believed the applicants had been communicative with requested information, and said there had been a lot of otherwise positive feedback from the rest of the Tiburon community. She argued that the restaurant will be developed at one point, and a large component of success is the food service and design. She said the applicants have tried to be trap nt. Council Deliberation Councilmember Welner asked about the maximum heights all o roperties. Director Kwon said the maximum height is 30 feet, but rooftop equipmen ould n essarily need to fall within that. He noted the appellants' property exceeds t rrent height Vice Mayor Fredericks asked if there were nuisance c ints on ollution elemen rom a restaurant. Kwon said they are permitted to run a re nt, and will be some odors associated. Town Attorney Stock added that there are ► c sound limitations, but the building code requirements for equipment are meant to a some of those issues Councilmember Thier asked about the re for the ical equipment. Kwon explained that the DRB did not request ren ngs ii me r their review. Mayor Kulik asked if the pence of comp mation uld change anything. Kwon said the Town requires complian ting no andards, and prior to any final inspection, the existing standards will ne be m Fredericks commente the at r ikely not a primary or protected view, even though it does eliminate . water he also expressed concern about the loss of light. She thou')' rain e edge of the roof, rather than the ridge, or moving the mechanica anot cation on the roof, would be an improvement. COull tuber Fraser di Iff t belie . the request to raise the roof 12 inches would impact the appellai rimary view. aid the location of the mechanical equipment was still a concern, however, sked if ther s a way to relocate the equipment to be less impactful. Thier felt compalternate proposal for the roof shown by the appellants. She agreed that the 12-inch he' -ricrease could eliminate the water view, and expressed similar concern about the location of the equipment. She said if there was a way to preserve the view without impacting the restaurant, it should be considered. She believed the building permit process would require compliance with noise standards. She suggested sending the project back to the Design Review Board with specific direction about view preservation and determining the best location for the rooftop equipment. Councilmember Wehner recommended denial of the appeal. He did not believe it was fair to not permit the restaurant to increase one foot to accommodate required mechanical equipment, when Page 13 of 15 Torn» Council Minutes 402-2019 DRAFT February 6, 2019 the property next door exceeds their maximum height. Weiner noted the panoramic bay views from the appellants' primary living spaces, and did not believe this proposal would be so impactful. He believed the proposal consolidates and cleans up a cluttered roof and attempts to preserve the view. He also noted that the applicants may not need to raise the roof a full 12 inches. He said the only apparent issue is the location of the equipment— if it is possible to move it, it may be less impactful to move it as far to the right as possible. Kulik agreed that noise concerns will comply with zoning requirements prior to completion, and agreed that there would likely be a net improvement to the view with the clidation of rooftop equipment. Of the height increase, Kulik said he might feel differently i Proiance were required. He noted that if this were a residence, the Council would li e reviewing a much more dramatic request for a second story. He said one thing that c I Dined is if the equipment could be moved further to the right, if it was possible. agree this could move the bulk away from the appellants' property. Fredericks said she did not feel she had enough inforr to mak a determinatio . out the actual feasibility of some of the alternative options p ted. K oted that part of the mechanical equipment is a health requirement directly o terior location of the kitchen. Fraser agreed that a better compromise for solidating an ing the equipment as far to the right as practical would be ideal. Thier recommended the project go back to t esig rd to review the two main issues of preserving the water vi and findi r locatio for-the rooftop equipment. She was in favor of Director Kw ng the r S. Kulik asked the Counc' make a d ion tonig e believed there was potential to craft a motion for a partial g► a of th r conditions about moving the rooftop equipment as far to the r ,a� s ica an � the appellants to have input on the screen. Thier requ - tions include the sentiment that the roof height increase should not exceed hes, but t ';a lica kill minimize it as much as practical. r MOTI To direct st o bring back a resolution that would partially grant appeal by adding con ns to the Design Review Board's approval as follows: 1) a ximtm (height. as reasonably practical, as determined by the Director of I „, Development, to remain as small as possible but not exceed 12 incthe HVAC to be moved to the farthest to the right and away from the appelants' property, as reasonably practical, as determined by the Director of Community Development; 3) appellants have the right to provide input on any rooftop screening: and 4) to eliminate fascia requirements except for on the front side of building facing Paradise Drive. Moved: Thier. seconded by Fraser VOTE: AYES: Fraser. Kulik, Thier, Welner NAYS: Fredericks Page 14 q/75 Torun Council AIlirnuies #02-2019 DRAFT February 6, 2019 TOWN COUNCIL REPORTS There were none. TOWN MANAGER REPORT There were none. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Counci e Town of Tiburon or Kulik adjourned the meeting at 12:45 a.m. KU L , MAYOR ATTEST: LEA STEFANI, TOWN K Page 15 of 15 Tbivii Coz-mcil lllinzties #02-2019 DRAFT February 6, 2019 Town Council Meeting TOWN OF TIBURON February 20, 2019 1505 Tiburon Boulevard Agenda Item: CC - 2 Tiburon, CA 94920 STAFF O . To: Mayor and Members of the Town Council From: Community Development Department Subject: 2000 Paradise Drive; Appeal of Site Plan and Architectural Review for the construction of a 37 square foot addition, increasing the roof height by l foot, new mechanical equipment on the roof, replacement of the privacy screen on the roof, a new awning, new building color, and window changes.; 2000 Paradise LLC, Owner; Heidi Barnes and John Davis, Appellants; File No. DR2018-074; Assessor Parcel No. 059-172-46 , Reviewed By. 11 C ' Greg Chanis,Town Manager Benjamin Stock,Town Attorney SUMMARY On February 6, 2019,the Town Council partially granted an appeal of tile Design Review Board's decision on the project at 2000 Paradise Drive(Caprice Restaurant).This item is consideration of a Resolution memorializing that decision. RECOMMENDED ACTIONS) 1. Adopt the Resolution as part of the Consent Calendar. BACKGROUND On February 6. 2019, the Town Council held a continued public hearing (from January 16, 2019) on an appeal of the Design Review Board's decision on this application. On October 4, 2018, the Design Review Board approved a Site Plan and Architectural Review application for the construction of a 37 square foot addition, raising the roof by 12 inches, a new awning, window changes on the west elevation, and revised colors. After closing the public hearing, the Council partially granted the appeal with additional conditions and directed staff to prepare and return a draft resolution. The draft resolution is attached as Exhibit 1. No comments have been received as of the writing of this report. ANALYSIS No further analysis proN ided. TOWN OFT]BURoN PAGE 1 OF 2 0: ;1 �Qlthi:l� �'1C�L111E�, FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this iter is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the Town Council adopt this Resolution, attached as Exhibit 1, as part of the Consent Calendar. Exhibit(s): Draft Resolution Prepared By: Sung H.Kwon,Director of Community Development TOWN OF TIBURON PAGE 2 of 2 RESOLUTION NO. XX-2019 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PARTIALLY GRANTING AN APPEAL OF THE DESIGN REVIEW BOARD'S APPROVAL OF A REMODEL AND ADDITION OF 2000 PARADISE DRIVE (ASSESSOR PARCEL NO. 059-172-46) WHEREAS, on October 4, 2018, the Design Review Board a duly noticed public hearing to consider an application (File #DR2018-074) requesting roval of a remodel of an addition to an existing restaurant. The application consists of t 1. Application form and supplemental mate ' received Jun 018 2. Plans received September 25, 201 d as supplement Plans received January 10, 2019 The official record for this application is porated and made part of this Resolution. The record includes, without limitation, stab s, minutes, application materials, appeal materials, correspondence, and omments an terials received at any public hearings. WHEREAS, at that hearing, the cent ger opposed the application and raised issues involving amon ler things impacts n views, and on neighborhood character; and WHEREA lowing public heg, the Design Review Board voted 3-1 to approve the applicati d W S, in ving the application, the Design Review Board found that the project is e irthe ew under the California Environmental Quality Act (CEQA) pursuant 15301 an 303 e CEQA Guidelines for the following reasons: Projec erupt fiom CE pursuant to the same Class 1 and Class 3 categorical exemptions, and that n eptions to tl xemptions apply. Class I Catego plion (CEQA Guidelines SS 15301 Existing F(icilities) The proposed project consists o square feet addition. In addition, the project would reduce the number of restaurant seats. As such, the project proposes minor repairs/alterations to an existing restaurant involving negligible expansion of existing building. Class 3 Categorical Exemption (CEQA Guidelines § 15303 — Nein Construction/('onversion of Small Structures) The proposed project involves a minor amount of new construction to add a 37 square toot addition and the restaurant use would not involve substantial hazardous materials beyond Use of the normal cleaning and sanitation materials typical of any restaurant. The EXHIBIT I proposed awning would not create significant impact. Facade upgrades are typical of restaurant improvements. Categorical Exemption Exceptions (CEQA Guidelines 55 ]5300.2) Further, none of the exceptions listed in CEQA Guidelines Section 15300.2 apply. There is no evidence that the Project will result in any adverse environmental impacts and the Project does not involve any unusual circumstances or historical resources. Indeed, the proposed project would not significantly impact any environmental resource. In addition, there is no evidence that any significant cumulative impacts would occur. WHEREAS, on October 15, 2018, John Davis & Barnes (Collectively "Appellants") filed a timely appeal of the Design Review Board' ► on the merits to the Town Council, and did not raise the issue or challenge the ap val ba i the compliance with CEQA; and WHEREAS, on January 16, 2019, the Counci held a duly-n ed public hearing, on a de novo basis, on the appeal, during ch testi► was heard and considered regarding the application and the Design Review Boa► v* rid decision on the application and continued the hearing to February 6, 2019. WHEREAS, on February 6, 2 wn Court d a continued public hearing which testimony was heard and consider reg appe ith additional information provided by that applicant. At the conclusi f the . g, the Town Council voted 5-0 to direct staff to prepare and re with a ution to consideration of adoption at the next meeting. The draft res uld part grant the appeal by adding certain conditions ofapproval to the project WHERE A e Tow t the project is exempt fi-om further review under CEQA pursuant t 1. o § § 15303 of the CEQA Guidelines for the same reasons found Desi., iew Board. The Town Council directs staff to file a Notice of Exemption NOW, THER RE, IT RESOLVED that the foregoing Recitals are true and correct re incorporate rein and form a part of this Resolution. FUR RESOLVED that the ToxAn Council of the Town of Tiburon hereby partiall I appeal of the Appellants by imposing the following conditions of approval as set for attached Exhibit "A", hereby fully incorporated and made a part of this Resolution. PASSED AND ADOPTED at a regular meeting of the Town Council on February 20, b\ the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: Town Council Resolution No. xx-2019 02/6/2019 Page 2 of 8 DAVID KULIK, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Town Council Resolution No. xx-2019 02/6/2019 Page 3 of 8 Exhibit A Conditions of Approval Community Development Department 1. The roof height increase shall be the minimum required, not to exceed 12 inches, to the extent reasonably practicable as determined by the Director of Community Development in his sole discretion. 2. The HVAC equipment shall be located to the farthest no- st along Paradise Drive, and as far from the appellant's property line, extent reasonably practicable (without changing the interior layout of tl the determined by the Director of Community Development in his so cretion. 3. The Appellants shall be provided the opportt to provide input on ight of any rooftop screening for rooftop mechan' quipmei o the Applicai and the Director of Community Development. ed of input, the Director of Community Development will require su ng as the Director deems reasonable in his sole discretion. 4. With the exception of the fi-on e builds ing Paradise Drive, and on the western side, all fascia el nts s ' nina 5. To the extent pern ' law, ti cant shall indemnify and hold harmless the Town, its T its of employees and agents (the "indemnified parties") froi d again ny claii ctioi, or proceeding brought by a third party agai ne of i of the in unified parties or one or more of the indemnifie ies a attack, set aside, or void this Resolution or any perms roval aut io '"zed hereby for the application, including (w' iitati •eimbursing the Town its actual attorneys' fees and costs -re rise litigation. The Town may, in its sole discretion, elect to efend any ctiol attorneys of its choice, and will be frilly reimbursed by the applican -any such costs. 6. approval 1 be used within three (3) years of the approval date, and shall be null void unless a building permit has been issued. 7. The con ction of this project shall substantially conform to the application as approved by the Design Review Board on October 4, 2018, as may be amended by these conditions of approval. Any substantial modification to the drawings dated September 25 2018, stamped "Approved by Design Review Board October 4, 2018", (and as supplemented by Plans received January 10, 2019) as determined in the sole discretion of the Director of Community Development or his/her designee, shall be reviewed and approved by the Design Review Board. Town Council Resolution No. xx-2019 02/6/2019 Page 4 of 8 8. Construction drawings submitted to the Building Division for plan check shall be materially identical to those approved by the Design Review Board. If any changes are made to the approved Design Review drawings, the permit holder is responsible for clearly identifying all such changes when construction drawings are submitted to the Building Division for plan check. For Planning Division conformance check purposes, such changes must be clearly highlighted (with a "bubble" or "cloud") on the submitted construction drawings. A list describing in detail all such changes shall be submitted and attached to the construction drawing set, with a signature block to be signed by the Plan Division Staff member indicating that these changes have been reviewed are approved, or will require separate Design Review approval. All chan( a project that have not been explicitly approved by Planning Division S of the Building Division Plan Check process are not approved. Coi uction oes not have Planning Division approval is not valid and sh subject to s ork orders and may require removal. 9. At the time of building permit submi constru drawings for building permit shall demonstrate that all exterior lig, s must be down-light type fixtures with shielding. 10. At the time of building perm a photo energy system shall be shown on the drawings in cornice -equire is of Section 16-40.080 of the Tiburon Municipal Code d sh d and operational prior to issuance of a Certific, of Occup wilding rmit final sign-off. 11. At the time o ding p it subm /planning conformance check, it shall be confirmed 11 skylia will be b -ed o►- tinted in a non-reflective manner (minimum ), and 1 e placed in the wells of the skylights. Installation i► o e w► proved plans shall be documented prior to fina in- in on sign-off. 12. the tim buil )el-mit submittal, a copy of the Planning Division's "Notice of A ", inc ding the attached "Conditions of Approval" for this roject, shall b pied onto a sheet near the front of each set of construction rags. 13. All AC units and generators shall comply with the Town's Noise Standa olicyfor Air Condilioning Units. www townoftiburon.oro/DOCLliiieiitCeiitei-/Viev-v/1050/1-IVAC-and-Similar- Mechanical-Equipment-Noise-Policv. If the units exceed any noise standards at the property line, noise haftles or other sound reduction measures shall be required to reduce the sound levels at the property lines and may require a separate Design Review application. Compliance with all applicable noise standards shall be established prior to the issuance of a building permit. Town Council Resolution No. xx-2019 02/6/2019 Page 5 of 8 14. Throughout project construction, fencing and/or walls located within a required setback shall not exceed six feet (6') in height at any point, measured fi-om grade on both sides of the fence/wall, except where allowed by Municipal Code section 16-30.040(B)(2). All new fencing, walls and footings shall be located entirely on the subject property. 15. Prior to commencement of construction, a construction information sign shall be posted on the site during construction of the project, in a location plainly visible to the public. The sign shall be 24" x 24" in size and shall b de of durable, weather-resistant materials intended to survive the life of th struction period. The sign shall contain the following information: job st dress; work hours allowed per Chapter 13 of the Tiburon Municipal Co company name, city, state, ZIP code); project manager (name and ph numb d emergency contact (name and phone number reachable at nes). The sI all remain posted until the contractor has vacated the site 16. Prior to under-floor inspection, a surve ared b icensed surveyor of the structure foundation is required to be itt o the Building Division. Required documents shall include: 1) graphi mentation accurately locating the building on a site plan; 2 ecific distanc m property lines and other reference points to the foun ropriate; 3) elevations relative to mean sea level of the foundati a s. No itional inspections will be provided until the confirming vey r en submitted. 17. Prior to the issu ertifle Occupancy or final building inspection sign-off, all capinb d irrig shall be installed in accordance with approved p The ins tion of p 'ngs and irrigation shall be verified by a Planning on Ciel I o the issuance of occupancy permits. 18. Prio- ie issu of building permits, flood proofing shall be addressed to the the of Tiburon Building Official. 1 Prior to final i ction, e applicant shall obtain a sign permit for the restaurant ame sign. 20. o the i ice of a building permit, the applicant shall obtain all necessary appy the Bay Conservation and Development Commission (BCDC). 21. The heig-it limit increase shall be limited to 1 foot. Prior to Building Permit issuance, the applicant shall clearly show (to the satisfaction of staff) the extent of any height increase and the necessity for that height. Additionally, the applicant shall provide staff vt ith a height survey of the roof in the before condition. 22. Prior the final inspection, the applicant shall obtain a height survey to show that the height increase was limited to the amount approved by the Director of Community Development, as required by Condition 1. Town Council Resolution No. xx-2019 02/6/2019 Page 6 of 8 23. All work shall be limited to the subject property. 24. There shall be no increase in the internal ceiling heights. 25. The proposed height along the ridge shall be a maximum of 12 inches above the survey dimensions of the existing heights of the building, and as required by the Director of Community Development as stated in Condition 1. 26. The awning shall project a maximum of no more than 5 feet Public Works Department 27. All requirements of the Town Engineer shall et, including, but n sited to, the following, which shall be noted on buil plan the plans: ■ An Encroachment Permit from is requ' or any work within the Town's road right-of-way, includin t mited to, utility trenching, installation of new utility connections, codifications to the driveway apron. The plans shall rly identify a posed work in the right of way and an Encroacht t shall be fined prior to conducting such work. Tiburon Fire Protection D' et (TFP 28. Throughout tl ►ration projec nstruction, all requirements of the Fire Protection let shall let, inclu but not limited to the following: ■ Autom ire S Required per NFPA 13. An automatic fire sprin is reqs be installed conforming to NFPA Std. 13. and h is calculations shall be submitted to the Fire Marshal for 'or t allation. Contact the Marin Municipal Water District to apply f ser onnection. Additional sizing may be required due to available p ores a► fire flow. System Su 'ision Required. All automatic fire sprinkler and fire alarm ystems, flo witches, and control valves shall be monitored by an approved Cent- tation company, zoned and enunciated as required by the I' ire Code. ■ Kn ey Access Required. 'Knox' key access shall be installed at the premises conforming to TFPD Policy 423.1. ■ A Vegetation Management Plan (VMP) conforming to the policies of the Tiburon Fire District shall be prepared and implemented at the site. The VMP- Fuels Management Plan shall conform to Tiburon Fire Protection Policy 433.5. The plan shall be incorporated into the landscape plan for the project and submitted to the Fire Marshal for review prior to implementation. The plan shall be implemented prior to building final. Town Council Resolution No. xx-2019 02/6/2019 Page 7 of 8 ■ Exit Signage redlined to state " This Exit shall remain unlocked When Occupied." The sticker that stated "...during Business Hours" is no longer compliant to the 2016 Code. ■ Hood and Duct Extinguishing Systems. California Mechanical Code, California Fire Code, State Fire Marshal Building Standards and Regulations, Conformance Required. This will apply to the commercial cook line and duct system and be covered under the Building Permit process. Other Alzencies 29. The applicant shall obtain any necessary sewer permits f• nitary District No. 5 and pay all applicable fees (including connectio fees) prior to construction. Sanitary District#5 permit issued be onstru starts: • Sewer line lateral video (Section. #610) ■ Check valve installation/confirmation (Se #612) ■ All remodels, new construction or an •k over Ok (Section. & # 611. (a) o for-Residential and Commercial pro o Connection fees for additional bath/ki undty fixtures o Require set of existing is,. as well as osed plans, for comparison purposes � ■ Any bathroom or kitchen re el tion. ) ■ New Construction: Conner fe lot/home Residential and Commercial ■ For Commer ' -ties w hens: installation/confirmation of grease trap 01' lilt for ■ Paymel new fixt fees and it ■ Permit for al rk lateral repairs or replacements to city main sew lloi es: age List provide the Sanitary District with a sewer line lateral video b sale roperty, this is to review the condition of sewer lateral. The Sault istric inspector will determine if the line needs a repair or replacement ection. 4408 & 9611 (b) ) Check Valy stallation/confirmation ■ final ects with the city must have a Sanitary District final walk 0 job card sign off. 30. Prior to Issuance of a Certificate of Occupancy by the Building Division, applicant shall submit documentation from MMWD confirming that all applicable requirements of MMWD have been satisfied for occupancy. ------- End of Conditions of Approval ------- Town Council Resolution No. xx-2019 02/6/2019 Page 8 of 8 Town Council Meeting TOWN OF TIBURON February 20, 2019 1505 Tiburon Boulevard Agenda ]tem: CC-3 Tiburon, CA 94920 STAFF O . To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Adopt Resolution Z Reviewed By: n/a Greg Chanis,Town Manager Beniamin Stock,Town Attorney SUMMARY The Council will consider authorization of a Resolution in Donor of Heidi Bigall, Director of Administrative Services, on the occasion of her retirement from the Town of Tiburon. RECOMMENDED ACTIONS) 1. Adopt Resolution. BACKGROUND After 40 years of service to the Town of Tiburon, Heidi Bigall is planning to retire on February 28, 2019. Heidi has been a valued employee of the Town for many, many years and she will be D reatly missed when she retires at the end of the month. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the Town Council: TOWN OF TIBURON PAGE I OF 2 lo��,n Cri�u-�cil '�icctln�r .1..0. 01') l. Adopt Resolution (Exhibit 1). Exhibit(s): 1. Resolution Prepared By: Lea Stefani,Town Clerk TOWN oF T IBURoN' 1), c►�.2 or 2 DRAFT RESOLUTION NO. xx-2019 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING HEIDI BIGALL ON THE OCCASION OF HER RETIREMENT FROM THE TOWN OF TIBURON WHEREAS, on June 17, 2009, the Town Council adopted Resolution No. 08-2009, commending Director of Administrative Services Heidi Bigall on her 30tr, anniversary of e nployment with the Town of Tiburon; and WHEREAS, The Town of Tiburon, in its infinite wisdom, first ern p eidi on April 9, 1979 and she has since become an exemplary model of stability, intell can and leadership, beloved by her fellow staff., both past and present; and WHEREAS, Heidi has served the Town with distinetior 0 years, rising throub ranks to the position of Director of Administrative Services demonst- g remarkable a ility and dedication as guardian of the Town's finances, and ac s th n's Risk Manager and Human Resources Director in a fair and impartial marine qual parts skill and poise; and WHEREAS, Heidi's loyalty and leadersh' -thee shown er successful turn as Interim Town Manager in 2006; and WHEREAS, Heidi has diligently erformed L with g humor and strength of character, through changing ' challent, ircumstances, and has been a cherished co- worker, font of institutioi owle and exa e of the highest standards of professional conduct, ethical behav' rid the pr' pies of to overnment; and WHEREAS, Heidi has s own t r b countless changes in leadership with the utmost professionalis ledge, cation and commitment to meeting the goals of the Council, the needs of 1 . . at wish Tiburon residents; and WH f S, Heidi has no iosen t retire after an exceptional 40 year career with the Town, which s look back or th great pride and a sense of accomplishment whenever riding her motorcycle i Tiburon < ulevard to visit her colleagues turned friends and this fine community, w t 11 eft an indelible mark. NOW, THEREFOR -, BE 1T RESOLVED, that the Town Council of the Town of Tiburon. on behalf of all our citizens, does hereby commend, congratulate and sincerely thank Heidi 131-all for an incredible 40 years of dedicated and exceptional service to the Town of Tiburon on the occasion of her retirement and the capping of a remarkable and distinguished career, and wishes her a blissful retirement. PASSED AND ADOPTED at a regular meeting of the Town Council on February 20. 2019.. by the following vote: EXHIBIT 1 AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: DAVID KUL.IK, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Town Council Meeting TOWN OF TIBURON February 20, 2019 1505 Tiburon Boulevard Agenda Item: Al -1 Tiburon_ CA 94920 STAFF O . To: Mayor and Members of the Town Council From: Department of Administrative Service Subject: Accept Audited Financial Statements for period ended June 30, 2018 Reviewed By: �� n/a Benjamin Stock,Town Attorney Greg Chanis,Town Manager SUMMARY The annual financial audit by the Town's independent Accountants is being presented for acceptance by the Council. RECOMMENDED ACTION(S) 1. Receive a presentation by Ralph Marcello of Marcello& Co. CPAs 2. Receive Public Comment 3. Move to'accept the financial audit for FY 2017-18 BACKGROUND The Town's independent auditor. Marcello & Company Certified Public Accounts, conducted the annual audit of the Town's financial statements for the fiscal year ended June 30, 2018. The audit was performed in accordance with generally accepted auditing standards. These standards require that they plan and perform the audit to obtain reasonable assurance as to whether the financial statements are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting amounts and d1Sc10SUres in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. ANALYSIS Attached are the audited financial statements for the Town of Tiburon for the fiscal year ended June 30, 2018. The Town's Basic Financial Statements provide a presentation of the financial results of the Town as a whole. The results of the Town's financial activities are presented in the Government-Wide Statement of Net Position (page 12). Net as,,ets are a good indicator of the Town's financial position. The Town ended FY 201 with approximately $52.75 million in net assets, which is a decrease of$1,587.514 as compared to last year's Net Position. TOWN OF TIBURON PAGE I OF 3 F oAVll Co;!Ill'll :`VICCIIiI�� The Government-wide Statement of Activities (page 13) is the equivalent to the private sector Income Statement. This statement provides detailed accounting of the Town increase in net assets. The General Fund as presented in the audit report includes the General Operating Account and 13 reserve funds. The Balance Sheet of the Governmental Funds on Page 14 illustrates the balance sheet for total General Funds and Other Governmental Funds. The balance sheet on page 39 of the audit report provides information on each of the fiinds that comprise the General Fund. The Town, unless directed otherwise by the Town Council, will continue to keep each of these funds separate for its own internal records. The General Fund's ending fund balance as of June 30, 2018 was $16,454,800 as compared to $15,680,819 as of June 30, 2017, an increase of$864,981. Supplementary explanatory information is provided with the Management's Discussion and Analysis (MD&A) beginning on page 3. The MD&A provides key highlights and a summary view of performance of financial activities for the year ended June 30, 2018. The auditors have issued a report that includes required communications concerning their responsibility under generally accepted accounting standards, significant changes in accounting policies and unusual transactions, management judgments and accounting estimates, significant audit adjustments, and other issues related to performance of the audit. In the area of accounting practices and internal controls, there are no findings as to material weaknesses. This conclusion is known as a"clean audit". Ralph Marcello will be present to provide a brief presentation and answer any questions the Council may have. FINANCIAL IMPACT There is no fiscal impact to the Town by having the Council accept this financial audit report. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt fi-om the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: Move to accept the Fiscal Year 2017-18 annual financial audit as prepared by Marcello & Company, C.P.A.'s. TOWN OF TIBURON PAGE 2 m 3 I'o\yn Council 't9cetML-! I chruar' "..0. -,0 i Exhibits: Report and General-Purpose Financial Statements of the Town ofTiburon for Fiscal Year ended June 30, 2018 Prepared By: Heidi Bigall, Director of Administrative Services TowN OE TIBURON PAGE 3 of 3 TOWN OF TIBURON California Annual Financial Report June 30, 2018 EXHIBIT I TOWN OF TIBURON Table of Contents INDEPENDENT AUDITOR'S REPORT.............................................................................................1-2 MANAGEMENT'S DISCUSSION AND ANALYSIS (unaudited) Required Supplementary Information, as prepared by management.........................................3-11 GOVERNMENT-WIDE FINANCIAL STATEMENTS Statementof Net Position ..............................................................................................................12 Statementof Activities ...................................................................................................................13 FUND FINANCIAL STATEMENTS Balance Sheet- Governmental Funds........................................................................................... 14 Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Position ................................................................................................. 15 Statement of Revenue, Expenditures, and Change in Fund Balances - Governmental Funds................................................................................... 16 Reconciliation of the Statement of Revenue, Expenditures, and Change in Fund Balances of Governmentaf Funds to the Statement of Activities....................................... 17 Statement of Fiduciary Assets and Liabilities-Agency Funds...................................................... 18 NOTES TO FINANCIAL STATEMENTS........................................................................................19-38 REQUIRED SUPPLEMENTARY INFORMATION(unaudited) Cost-Sharing Multiple-Employer Defined Benefit Pension Plan........................................39-40 Other Postemployment Benefits Plan............................................................................................41 Budgetary Comparison Information ..........................................................................................42-44 OTHER SUPPLEMENTARY INFORMATION Combining Funds Financial Statements General Fund: CombiningBalance Sheet.................................................................................................45 Combining Statement of Revenue, Expenditures, and Change in Fund Balance.............46 Nonmajor Governmental Funds: Combining Balance Sheet............................................................................................47-48 Combining Statement of Revenue, Expenditures, and Change in Fund Balances......49-50 MARCELLO & COMPANY ("ERTIFIED PT iBLIC ACCO t iNTAN'l;S Post Office Box 60127/ Sacramento, California 95860 INDEPENDENT AUDITOR'S REPORT Honorable Mayor Members of the Town Council Town of Tiburon, California Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the Town of Tiburon, California, as of and for the year ended June 30, 2018, and the related notes to the financial statements, which collectively comprise the Town's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based upon our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial staternents. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements,whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purposes of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 1 Honorable Mayor Members of the Town Council Town of Tiburon, California Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the Town of Tiburon, as of June 30, 2018, and the respective changes in financial position thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis, pension plan schedules, other postemployment benefits plan schedules, and the respective budgetary comparison information of the general and major funds as listed in the table of contents be presented to supplement the basic financial statements. Such information, although not part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational; economic, or historic context. We have applied certain limited procedures to the required supplernentary information in accordance with auditing standards generally accepted in the United States of America,which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming an opinion on the financial statements that collectively comprise the Town of Tiburon's basic financial statements. The combining nonmajor fund financial statements are presented for purposes of additional analysis and are not a required part of the financial statements. The combining nonmajor fund financial statements are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining nonmajor fund financiai statements are fairly stated, in all material respects, in relation to the basic financial statements as a whole. Certified Public Accountants Sacramento; California October 12, 2018 2 MANAGEMENT'S DISCUSSION & ANALYSIS As Prepared by Management (unaudited) Town of Tiburon Management's Discussion and Analysis As management of the Town of Tiburon, we offer readers of these financial statements this narrative overview and analysis of the financial activities of the Town for the fiscal year ended June 30, 2018 (1-Y 2018). We encourage readers to consider the information presented here in conjunction with the Town's financial statements, which follow this discussion and analysis. OVERVIEW OF THE BASIC FINANCIAL STATEMENTS This discussion and analysis is intended to serve as an introduction to the Town's basic financial statements, which consist of three components: 1) Government-wide Financial Statements 2) Fund Financial Statements 3) Notes to the Financial Statements This report also contains required and other supplementary information in addition to the basic financial statements. Government-wide Financial Statements The Government-wide Financial Statements consist of the Statement of Net Position and the Statement of Activities. These statements are designed to provide readers with a broad overview of the T'own's finances in a manner similar to private sector businesses. They provide information about the activities of the Town as a whole and present a long-term view of the Town's finances. The Statement of Net Position presents information on all of the Town's assets and liabilities, with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the Town is improving or deteriorating. The Statement of Activities presents information about how the Town's net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, sonic of the revenue and expenses reported in this statement may result in cash flows only in fixture fiscal periods, such as revenue related to uncollected taxes and interest expense incurred but not yet paid. Fund Financial Statements A fund is a �11-01-lping of related accounts that is used to maintain control over resources that have been segregated For specific activities or obicetives. The Town, like other governmental entities, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. Funds of governmental activities are divided into three categories: 1) Governmental Funds 2) Proprietary Funds 3) Fidu,;iary Funds 3 Town of Tiburon Management's Discussion and Analysis Governmental Funds Most of the Town's basic services are included in Government Funds, which focus on (1) how cash and other financial assets that can be readily converted to cash, flow in and out, and (2) the balances remaining at year- end that are available for spending. Consequently, the Government Funds Financial Statements provide a detailed short-term view that helps to determine whether there are more or fewer Financial resources that can be spent in the near future to finance the Town's programs. Because this information does not encompass the additional long-term focus of the Government-wide Statements, there is a schedule subsequent to each Government Funds Financial Statement that reconciles it to the related Government-wide Financial Statement. Proprietary Funds Services for which the Town charges customers a fee are generally reported in Proprietary Funds. Proprietary Funds, like the Government-wide Financial Statements, provide both long-term and short-term financial information. Currently the Town does not require the use ol'Proprietary Funds. Fiduciary Funds Fiduciary Funds are used to account for resources held for the benefit of parties outside the municipality, such as special assessment districts. Fiduciary Funds are not reflected in the Government-wide Financial Statements because those resources are not available to support the Town's own programs. Notes to the Financial Statements The Notes provide additional information that is essential for a full understanding of the data provided in the Government-wide and Fund Financial Statements. The Notes to the Financial Statements follow the basic financial statements. Required Supplementary Information In addition to the basic financial statements and accompanying Notes, this report also presents certain required supplementary information other than this discussion and analysis. concerning the Town's budgetary comparison schedule, its schedule of funding progress for both its other postemployment medical benefits plan (OPEB) and its defined benefit pension plan administered by the California Public l�mployees Retirement Plan (Ca1PI16). FINANCIAL HIGHLIGHTS Government-wide Financial Statement Highlights r The Government-wide Statement of Net Position, appearing as the fust statement of the basic financial statements, shows that the Town's total assets exceeded total liabilities by $52.8 million. Of this amount, $7.7 million was unrestricted net position and may be used to meet the Town's ongoing obligations to the citizens and creditors of the Town. r Town cash and investments totaled $25.7 million, and capital assets totaled $39.3 million on .tune 30, 2018, representing 39%and 60%of the Town's total assets, respectively. The Town's liabilities totaled approximately $12.8 million and consist of accounts payable, refundable deposits, compensated absences, net OPEB plan liability, and net pension plan liability. 4 Town of Tiburon Management's Discussion and Analysis y The Government-wide Statement of Activities shows that total revenue was approximately $13 million (general revenue of$10.6 million and program revenue of$2.4 million) compared with total expenses of approximately$14.6 million, resulting in a decrease in net position of$1,587,514. Fund Financial Statement Highlights Y At the close of FY 2018, the combined fund balance of the Town's Governmental Funds was $24.1 million, which represents an increase of$1,535,117 over the previous fiscal year. Of this combined fund balance, approximately $16.5 million is from the General Fund, which is an increase of$773,981 over FY 2017. The detailed components of revenue and expenditures can be found in the accompanying Statement of Revenue, Expenditures, and Change in Fund Balances. Town Hi(_Wil4hts r In FY 2018 the Town implemented new financial accounting software, replacing the DOS based system that was launched in 1998. v The Town began construction of the new McKegney Green soccer field, which will be completed in early FY 2019. Y The Town continued making significant investment in drainage infi-astructure, and completed $575,000 in such improvements during the fiscal year. y The Town contributed an additional $200,000 above its required contribution towards its CalPERS unfunded pension liability. FINANCIAL ANALYSIS OF THE TOWN AS A WHOLE The Town reports its financial statements in accordance with Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statement - Management's Discussion and Analysis - for State and Local Governments. Net Position The Town's unrestl'icted net position was negatively impacted with the implementation of GASB Statement No. 75, Accounting and financial Reporling for Posternploynaent Benefits Other Than Pensions in this fiscal year, and GASB Statement No. 68, Accounting and Financial Reporting for Pensions in fiscal year 2014-15, which require the Town to report its unfunded liabilities for its pension plan and its other postemployment medical benefits plan in which it participates. More information on the Town's pension and OP1 B plans can be found in Notes 9 and 10 in this annual financial report. Net position is a measure o]'a government's financial position. In the case of the Town of Tiburon, assets exceeded liabilities and deferred inflows by $52.8 million, a decrease of $1.6 million over the previous fiscal year's net position. By far the largest portion (74%) of the Town's net position reflects its investment in capital assets (land, buildings, roadways, drainage systems, and equipment). The ']'own uses capital assets to provide sei-vices to its citizens. Consequently, these assets arc not available for future appropriations. The Town carries no debt related to its capital assets. 5 Town of Tiburon Management's Discussion and Analysis A condensed presentation of the T'own's Statement of Net Position is presented in the following table comparing last fiscal year to the most recently completed fiscal year: Statement of Net Position Comparison of FY 2018 and FY 2017 June 30 Amount Percent 2018 2017 Change Change Assets Current and other assets $ 26,328,158 $ 24,047,821 $ 2,280,337 9% Capital assets, net 39,298,827 39,201,213 97,614 0% Total assets 65,626,985 63,249,034 2,377,951 4% Deferred Outflows of Resources Deferred pension outflows 2,703,793 1,804,466 899,327 50% Deferred OPEB outflows 178,272 - 178,272 100% Total assets and deferred outflows 68,509,050 65,053,500 3,455,550 5% Liabilities Current liabilities 2,263,971 1,530,234 733,737 48% Noncurrent liabilities 238,574 273,025 (34,451) -13% Net pension liability 8,168,481 7,159,119 1,009,362 14% Net OPEB liability 2,128,177 804,566 1,323,611 165% Total liabilities 12,799,203 9,766,944 3,032,259 31% Deferred Inflows of Resources Deferred pension inflows 862,705 946,227 (83,522) -9% Deferred OPEB inflows 2,094,327 - 2,094,327 100% Total liabilities and deferred inflows 15,756,235 10,713,171 5,043,064 47% Net Position Net investment in capital assets 39,298,827 39,201,213 97,614 0% Restricted 5,745,170 2,500,490 3,244,680 130% Unrestricted 7,708,818 12,638,626 (4,929,808) -39% Total net position $ 52,752,815 $ 54,340,329 S (1,587,514) -3% i% Total assets increased by 4% or $2.4 million over the prior year. Deferred pension outflows increased by 50% or $900,000. Deferred OPER outflows and inflows are newly recognized this fiscal year in compliance with implementation of GAS13 Statement No. 75. r Capital assets increased slightly over the prior fiscal year. Y Total liabilities increased by $3 million or 31% from the prior year. Approximately $1 million of tills is due to an increase in net pension liability, and $2.1 million ol'this net OPER liability increase is due to the implementation of GASI3 75. 6 Town of Tiburon Management's Discussion and Analysis A condensed presentation of the Town's Statement Activities is provided in the following table, which compares the current fiscal year over the prior year: Statement of Activities Comparison of FY 2018 and 2017 June 30 Amount Percent 2018 2017 Change Change Revenue Program revenue $ 2,407,897 $ 2,355,717 $ 52,180 2% General revenue 10,613,841 9,560,918 1,052,923 11% Total revenue 13,021,738 11,916,635 1,105,103 9% Expenses General government 5,218,838 4,962,103 256,735 5% Public Safety 4,959,250 2,682,296 2,276,954 85% Public Works 2,601,372 1,271,111 1,330,261 105% Capital Improvements 371,210 44,842 326,368 728% Depreciation 1,458,582 1,560,114 (101,532) -7% Total expenses 14,609,252 10,520,466 4,088,786 39% Change in Net Position -1,587,514 1,396,169 (2,983,683) -214% Net Position - beginning 54,340,329 52,944,160 1,396,169 3% Net Position -end of year $ 52,752,815 $ 54,340,329 $(1,587,514) -3% �= Program Revenue increased by $52,180 or 2% over the prior year. This increase was due to Town contracting out Police Service Aide personnel to the Town of Belvedere for parking patrol. Y General Revenue increased by $1.1 million or 11% from the previous fiscal year. The"-own continued to see greater than anticipated increases in General Revenue, particularly property, sales, transient occupancy, and property transfer taxes, along with investment income. Y Total expense increases were in large part attributable to the continuing impact of GASB 68 (pension plan expense) and implementation oil' GASB 75 (OPEB retiree medical benefits plan expense). When the expected Discount Rate (return on investments) on these two plans is less than anticipated, the difference is amortized over a five-year period. Consequently, FY2017-18 recognizes a pro-rata share of pension expense from both current and prior years. In subsequent years, the OPEB plan will also affect total expenses at the government-wide financial statement level. 7 Town of Tiburon Management's Discussion and Analysis FINANCIAL ANALYSIS OF THE GENERAL FUND Revenue The general fund is the main operating fund of the Town. The general fund consists of the general operating account and 1 I reserve funds. During FY 2018, the Town received general fund revenue of$11.5 million which represents an increase of$1 million or 10% over the previous fiscal year. The table below compares general fund revenue by category for the fiscal years ended June 30, 2018 and 2017: General Fund Revenue Comparison June 30 Amount Percent 2018 2017 Change Change Property taxes $ 5,697,027 $ 5,451,487 $ 245,540 5% Other taxes 1,792,821 1,723,923 68,898 4% Franchise fees 780,840 788,866 (8,026) -1% Fines and penalties 147,607 174,508 (26,901) -15% Investment earnings 240,191 114,676 125,515 109% Intergovernmental 527,310 202,811 324,499 160% Licenses and permits 1,108,235 1,219,755 (111,520) -9% Charge for services 587,072 447,283 139,789 31% Other revenue 600,620 340,326 260,294 76% $ 11,481,723 $ 10,463,635 $ 1,018,088 10% ➢ Property Taxes, In FY 2018 the Town realized a 5% increase in overall propei-ty tax revenue. Secured Property Taxes, the 1% of assessed valuation charged on property, increased by $182,911, or 5%. Secured property tax represents approximately 68% of all property tax revenue received during the year by the Town. Other Taxes. Overall the Town recorded a 4% increase in other taxes. Within this revenue category the Town realized an increase of 5% in transient occupancy taxes, and 14% in property transfer taxes. y Franchise Fees. Franchise fees decreased by 1% over the previous year. The Town receives franchise fees from PG&E, Mill Valley Refuse, and Comcast Cable. All categories of franchise fees experienced increases over the prior year, except for cable franchise fees. Fines and Penalties. Overall, fines and penalties decreased by 15%. Building permit reactivation fines decreased by 63%. i Investment Earnings. Investment Earnings increased 109% due to rising interest income rates on funds invested with the State of California Local Agency Investment Fund (LAIF). ➢ Intergove►•nmental. Intergovernmental revenue increased by 160% in FY 2018. This increase was due to the receipt of a $400,000 contribution from the Tiburon Peninsula Soccer League towards the McKegney Green soccer field project. 8 Town of Tiburon Management's Discussion and Analysis License and Permits. 'fhe Town realized a 9% decrease in license and permit revenue in FY 2018. "fhe Town experienced decreases in building related activities, such as building permits, design review fees, and encroachment permits. Y Charge fo►• Sciwices. This revenue category increased by 31% in FY 2018. This increase was a combination of increased plan check fees and police cost-recovery revenue. Expenditures General Fund expenditures increased by 8% or $805,307 in FY 2018. The two-year comparison table below illustrates the expenditure categories by department for the fiscal years ended.lune 30, 2018 and 2017: General Fund Expenditures Comparison June 30 Amount Percent 2018 2017 Change Change Town Administration $ 1,657,207 $ 1,396,301 $ 260,906 19% Community Development 1,230,518 1,189,135 41,383 3% Public Safety 3,263,627 3,165,095 98,532 3% Public Works 1,619,389 1,457,822 161,567 11% Legislative 68,495 59,345 9,150 15% Nondepartmental 1,308,855 2,403,062 (1,094,207) -46% Capital Improvements 1,682,093 354,117 1,327,976 375% 10,830,184 10,024,877 805,307 8% Excess Revenue over (under) Expenditures $ 651,539 $ 438,758 $ 212,781 48% Town Administration increased by 19% or $260,906, over FY 2017. This increase is a combination of increased expenditures in the legal department, salary and benefit increases for department employees, and the purchase of new accounting software. r Community Development increased by 3%. `Phis is consistent with salary and benefit increases that were granted during the year. Public Safety expenses increased by 3% or $98,532 over FY 2017. There were no notable expenditure increases other than negotiated salary and benefits. ➢ Public Works expenditures increased by 11% over the previous year. Besides negotiated salary and benefit increases, the remainder of the increase is due to annual operating projects that were not expended in 2017 but.carried forward and spent in FY 2018. Nondepartmental expenses decreased by 46% over 2017. In the previous fiscal year, the Town contributed $1.3 million the Town's OPLB Plan irrevocable Trust, and in FY 2018 contributed $39,521. y General Fund Capital Improvement expenditures increased by 375% or $1.3 million. "I'he Town began construction of the new McKegney Green soccer field and a large storm drain project in FY 2018, which were funded by General Fund Reserves. 9 Town of Tiburon Management's Discussion and Analysis FINANCIAL ANALYSIS OF GOVERNMENTAL FUNDS The following table presents a two-year comparison of the Town's governmental funds revenue and expenditures for FY 2018 and 2017: Total Governmental Funds Comparison of FY 2018 and FY 2017 June 30 Amount Percent 2018 2017 Change Change Revenue Property Taxes $ 5,713,571 $ 5,468,031 $ 245,540 4% Other Taxes 2,376,393 1,723,923 652,470 38% Franchise Fees 780,840 788,866 (8,026) -1% Fines and Forfeitures 147,607 174,508 (26,901) -15% Interest Earnings 338,773 158,691 180,082 113% Intergovernmental 687,112 834,152 (147,040) -18% License and Permits 1,108,235 1,219,755 (111,520) -9% Other Revenue 1,177,220 1,005,699 171,521 17% Charge for Services 691,987 543,011 148,976 27% Totals 13,021,738 11,916,636 1,105,102 9% Expenditures Town Administration 1,658,809 1,396,301 262,508 19% Community Development 1,236,060 1,222,848 13,212 1% Public Safety 3,263,627 31165,095 98,532 3% Public Works 1,753,561 1,512,510 241,051 16% Legislative 71,665 61,705 9,960 16% Nondepartmental 1,404,493 2,522,649 (1,118,156) -44% Capital Projects 2,098,406 645,775 1,452,631 225% Totals 11,486,621 10,526,883 959,738 9% Excess Revenue over (under) Expenditures $ 1,535,117 $ 1,389,753 $ 145,364 10% 10 Town of Tiburon Management's Discussion and Analysis ECONOMIC OUTLOOK AND NEXT YEAR'S 13IJDGET The adopted budget for FY 2018-19 projects an operating surplus of $137,800. General Fund revenues are anticipated to increase $530,900 over the approved FY 2017-18 budget, and expenditures by $593,500. The Town's largest tax revenue generator is property taxes. The Town is anticipating the fiscal year 2018-19 tax roll to increase by approximately 4.5% over the previous year. Other tax and non-tax revenue is expected to grow moderately, in the range of 1%to 2%. The Town's largest expenditure relates to employee salaries and benefits. Personnel costs are tied to labor agreements with the t'own's two organized employee groups, and unrepresented management and mid- management employees. The Tiburon Police Association and the smaller Service Employee's International Union have negotiated new three-year contracts effective June 30, 2018. Unrepresented employees are covered under Resolution of the'Down Council which expires on June 30, 2019. Negotiated salary increases under these contracts ranged between 2.75% and 3.0%. The Town continues to have a healthy long-term financial position, while Staff aggressively monitors revenue and expenditures along with recently implemented financial planning strategies to reduce unfunded pension and OPER liabilities. The citizens of the Town are fortunate that they are able to enjoy exceptional Town services, a balanced budget, and that vital Town infrastructure continues to be maintained and improved. CONTACTING THE TOWN'S FINANICAL MANAGEMENT This financial report is designed to provide the citizens, taxpayers, customers, investors, and creditors of the Town of Tiburon with a general overview of the Town's finances and to demonstrate the Town's accountability for the money it receives. If you have questions about this report or need additional information, contact the Town of Tiburon Administrative Services Department, 1505 Tiburon Bourlevard, Tiburon, CA 94920. a 11 GOVERNMENT-WIDE FINANCIAL STATEMENTS TOWN OF TIBURON Government-wide Financial Statements Statement of Net Position June 30, 2018 Total Governmental Assets Activities Current Assets Cash and investments $ 25,697,774 Receivables 603,348 Prepaid expense 27,036 Total current assets 26,328,158 Noncurrent Assets Capital assets not being depreciated 4,087,952 Capital assets, net of depreciation 35,210,875 Total noncurrent assets 39,298,827 Total assets 65,626,985 Deferred Outflows of Resources Deferred pension outflows 2,703,793 Deferred OPEB outflows 178,272 Total assets and deferred outflows of resources 68,509,050 Liabilities Current Liabilities Accounts payable 1,032,798 Accrued liabilities 272,009 Deposits 879,639 Compensated absences -current 79,525 Total current liabilities 2,263,971 Noncurrent Liabilities Compensated absences 238,574 Other postemployment benefits liability 2,128,177 Net pension liability 8,168,481 Total noncurrent liabilities 10,535,232 Total liabilities 12,799,203 Deferred Inflows of Resources Deferred pension inflows 862,705 Deferred OPEB inflows 2,094,327 Total liabilities and deferred inflows of resources 15,756,235 Net Position Net investment in capital assets 39,298,827 Restricted 5,745,170 Unrestricted 7,708,818 Total net position $ 52,752,815 The accompanying notes are an integral part of these financial statements 12 TOWN OF TIBURON Government-wide Financial Statements Statement of Activities Year Ended June 30, 2018 Program Revenue Net(Expense) Charges Revenue and for Operating Capital Change in Functions/Programs Expenses Services Grants Grants Net Position Governmental Activities: General government $ 5,218,838 $ 1,700,847 $ - $ - $ (3,517,991) Public safety 4,959,250 90,776 122,442 - (4,746,032) Public works 2,601,372 493,832 - - (2,107,540) Capital improvements 371,210 - - - (371,210) Depreciation 1,458,582 - - - (1,458,582) Totals $ 14,609,252 $ 2,285,455 $ 122,442 $ - (12,201,355) General Revenue: Property taxes 5,713,571 Sales taxes 885,286 Transient occupancy tax 848,738 Property transfer taxes 249,532 Gasoline taxes 392,837 Investment earnings 338,773 Intergovernmental 564,670 Franchise fees 780,840 Fines and forfeitures 147,607 Other revenue 691,987 Total general revenue 10,613,841 Change in Net Position (1,587,514) Net Position - beginning 54,340,329 Net Position -end of year $ 52,752,815 The accompanying notes are an integral part of these financial statements 13 FUND FINANCIAL STATEMENTS TOWN OF TIBURON Balance Sheet Governmental Funds June 30, 2018 Tiburon Other Total General Street Governmental Governmental ASSETS Fund Impact Fund Funds Funds Cash and investments $ 17,974,070 $ 2,951,165 $ 4,772,539 $25,697,774 Receivables 530,606 13,907 58,835 603,348 Prepaid expense 27,036 - - 27,036 Total assets $ 18,531,712 $ 2,965,072 $ 4,831,374 $26,328,158 LIABILITIES AND FUND BALANCES Liabilities. Accounts payable $ 984,504 $ 34,904 $ 13,390 $ 1,032,798 Accrued liabilities 222,009 - 50,000 272,009 Deposits 870,399 - 9,240 879,639 Total liabilities 2,076,912 34,904 72,630 2,184,446 Fund Balances: Nonspendable - - - - Restricted - 2,930,168 2,815,002 5,745,170 Committed 5,607,883 - 1,521,255 7,129,138 Assigned 7,269,521 - 422,487 7,692,008 Unassigned 3,577,396 - - 3,577,396 Total fund balances 16,454,800 2,930,168 4,758,744 24,143,712 Total liabilities and fund balances $ 18,531,712 $ 2,965,072 $ 4,831,374 $26,328,158 The accompanying notes are an integral part of these financial statements 14 TOWN OF TIBURON Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Position June 30, 2018 Total fund balances -governmental funds (page 14) $ 24,143,712 Amounts reported for governmental activities in the statement of net position are different because: (1) Capital assets used in governmental activities are not financial resources, and therefore, are not reported in the balance sheet. 39,298,827 (2) Pension plan contributions are reported as deferred outflows of resources in the statement of net position. 2,703,793 (3) Other post-retirement employee medical benefit plan contributions are reported as deferred outflows of resources in the statement of net position. 178,272 (4) Long-term liabilities and obligations are not due and payable in the current period and therefore, are not reported in the governmental funds balance sheet. All such liabilities are reported in the statement of net position. (10,614,757) (5) Deferred pension plan inflows of resources are not recognized as revenue in the governmental funds financial statements. (862,705) (6) Other post-retirement employee medical benefit plan inflows of resources are not recognized as revenue in the governmental funds financial statements. (2,094,327) Net position of governmental activities (page 12) $ 52,752,815 The accompanying notes are an integral past of these financial statements 15 TOWN OF TIBURON Statement of Revenue, Expenditures, and Change in Fund Balances Governmental Funds Year Ended June 30, 2018 Tiburon Other Total General Street Governmental Governmental REVENUE Fund Impact Fund Funds Funds Property taxes $ 5,697,027 $ - $ 16,544 $ 5,713,571 Othertaxes 1,792,821 - 583,572 2,376,393 Franchise fees 780,840 - - 780,840 Fines and forfeitures 147,607 - - 147,607 Investment earnings 240,191 37,263 61,319 338,773 Intergovernmental and agency 527,310 - 159,802 687,112 Licenses and permits 1,108,235 - - 1,108,235 Charges for services 587,072 474,838 115,310 1,177,220 Other revenue 600,620 - 91,367 691,987 Total revenue 11,481,723 512,101 1,027,914 13,021,738 EXPENDITURES Current- Town administration 1,657,207 - 1,602 1,658,809 Community development 1,230,518 - 5,542 1,236,060 Public safety 3,263,627 - - 3,263,627 Public works 1,619,389 - 134,172 1,753,561 Legislative boards 68,495 - 3,170 71,665 Non-departmental 1,308,855 - 95,638 1,404,493 Capital improvement projects 1,682,093 159,064 257,249 2,098,406 Total expenditures 10,830,184 159,064 497,373 11,486,621 Excess Revenue over (under) Expenditures 651,539 353,037 530,541 1,535,117 Other financing sources/ (uses): Operating transfers in 4,822,442 - - 4,822,442 Operating transfers (out) (4,700,000) (122,442) (4,822,442) Total other sources (uses) 122,442 - (122,442) - CHANGE IN FUND BALANCES 773,981 353,037 408,099 1,535,117 Fund balances - beginning 15,680,819 2,577,131 4,350,645 22,608,595 Fund balances -end of year $ 16,454,800 $ 2,930,168 $ 4,758,744 $ 24,143,712 The accompanying notes are an integral part of these financial statements 16 TOWN OF TIBURON Reconciliation of the Statement of Revenue, Expenditures, and Change in Fund Balances of Governmental Funds to the Statement of Activities Year Ended June 30, 2018 Change in fund balances -governmental funds (page 16) $ 1,535,117 Amounts reported for governmental activities in the statement of activities are different because: Capital Assets (1) The acquisition of capital assets uses current financial resources but has no effect on net position. 1,727,196 (2) The cost of capital assets is allocated over their estimated useful lives and and reported as depreciation expense in the statement of activities. (1,458,582) Measurement focus (3) Certain expenses reported in the statement of activities do not require the use of current financial resources and therefore, are not reported as expenditures in governmental funds. In addition, interest on long-term debt is not recognized under the modified accrual basis of accounting until due, rather than as it accrues, Change in compensated absences liability 45,935 Change in OPEB liability with the implementation of GASB 75 (2,427,818) Change in net pension liability (1,009,362) Change in net position of governmental activities (page 13) $ (1,587,514) The accompanying notes are an integral pail of these financial statements 17 TOWN OF TIBURON Statement of Fiduciary Assets and Liabilities Agency Funds June 30, 2018 1972 Tiburon South Open Public Del Mar Mount. Virginia Hawthorne Peninsula Total Space Finance Valley View Under- Terrace Library Agency Bonds Authority A/D AD ground UAD JPA Funds ASSETS Cash and investments with Town $ 30,089 $ 534,223 $ 243 $ 106,265 $ 119,603 $ 293,274 $ 479 $ 1,084,176 Cash held by trustee - 56,574 - - - - - 56,574 Other receivables 145 6,427 - 240 1,393 9,568 17,773 Total Fiduciary Assets $ 30,234 $ 597,224 $ 243 3 106,265 $ 119,843 $ 294,667 $ 10,047 $ 1,158,523 LIABILITIES Accounts payable $ - $ $ $ $ - $ $ 9,682 $ 9,682 Deposits - 69,118 - - 69,118 Total Fiduciary Liabilities $ - $ $ $ $ 69,118 $ $ 9,682 $ 78,800 The accompanying notes are an integral part of these financial statements 18 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 The notes to the financial statements include a summary of significant accounting policies and other notes considered essential to fully disclose and fairly present the transactions and financial position of the Town as follows: Note 1 - Defining the Financial Reporting Entity Note 2 - Summary of Significant Accounting Policies Note 3 - Stewardship, Compliance and Accountability Note 4 - Cash and Investments Note 5 - Capital Assets Note 6 Long-term Obligations Note 7 - Special Assessment District Bond Obligations Note 8 - Interfund Transfers Note 9 - Other Postemployment Benefits Plan Note 10 - Cost-Sharing Multiple-Employer Defined Benefit Pension Plan Note 11 - Commitments and Contingencies Note 12 - Risk Management Note 13 - Subsequent Events Note 14 - New Pronouncements Note 15- Fund Balance Designations Section of the Balance Sheet 19 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 Note 1 -Defining the Financial Reporting Entity The Town of Tiburon (the Town) was incorporated in 1964 under the laws of the State of California. Tiburon operates under a Council-Manager form of government. The Town provides municipal services to its citizens including police, public works, community development and general administrative support. These financial statements present the financial status of the Town and its component unit, as discussed in the following paragraph. The Tiburon Public Facilities Financing Authority(the Authority)was established in 1990 pursuant to a joint powers agreement between the Town and the former Tiburon Redevelopment Agency, to assist in the clearance and rehabilitation of areas determined to be in a declining condition in the Town. Although the component unit is legally separate from the Town, it is reported in the statement of fiduciary assets and liabilities, and its board consists of members of the Town Council. The Town participates in the following Joint Powers Authority agreements (JPAs): • the Belvedere-Tiburon Joint Recreation Committee • the Bay Cities Joint Powers Insurance Authority (BCJPIA) • the Association of Bay Area Governments (ABAG) • the Marin Emergency Radio Authority (MERA) • the Tiburon Peninsula Traffic Relief JPA The financial activities of the JPAs are not included in the accompanying financial statements because they are administered by governing boards which are separate from, and independent of the Town. Note 2- Summary of Significant Accounting Polices The accounting policies of the Town conform to accounting principles generally accepted in the United States of America as applied to governmental agencies. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant accounting policies of the Town are described as follows: Financial Statements The Town's basic financial statements consist of the following: • Government-wide financial statements • Fund financial statements • Notes to the financial statements The government-wide financial statements(ie, the statement of net position and the statement of activities)report information on all of the non-fiduciary activities of the primary government. For the most part,the effect of interfund activity has been removed from these staternents. Governmental activities,which normally are supported by taxes and intergovernmental revenue, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenue. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenue includes(1)charges to custorners or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and (2)grants and contributors that are restricted to meeting the operational or capital requirements of a particular function or segment taxes. 20 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 Separate fund financial statements are provided for governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Fund Accounting The accounts of the Town are organized on the basis of funds, each of which is considered a separate entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities,fund balance/equity, revenue, and expenditures or expenses,as appropriate. Government resources are allocated to, and accounted for, in individual funds based upon the purposes for which they are to be spent and the rneans by which spending activities are controlled. The funds are organized as follows: Governmental Funds The General Fund is the Town's primary operating fund. It is used to account for all financial resources except those required to be accounted for in another fund. Special Revenue Funds are used to account for the proceeds of specific revenue sources(other than special assessments, expendable trusts or major capital projects)that are legally restricted to expenditures for specific purposes. Capital Projects Funds are used to account for revenue and expenditures restricted to the acquisition or construction of major capital facilities (other than those financed by Proprietary or Trust funds). Debt Service Funds are used to account for the accumulation of resources for, and the payment of, governmental fund long-term debt, both principal and interest. Fiduciary Funds Agency Funds are used to account for assets administered by the Town in a trustee capacity or as an agent for other governments, primarily special assessment districts. Agency Funds are custodial in nature(assets and liabilities), and do not involve measurement of results of operations. Basis of Accounting and Measurement Focus Basis of accounting refers to when revenue and expenditures or expenses are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of measurement made, regardless of the measurement focus applied. The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenue is recorded when earned and expenses are recorded when a liability is incurred regardless of the tinning of related cash flows. Property taxes are recognized as revenue in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements have been met. In the fund financial statements, all Governmental Funds and Agency Funds are accounted for using the modified accrual basis of accounting. Revenue is recognized when it becomes both measurable and available to finance the expenditures of the current period (susceptible to accrual). Major revenue sources susceptible to accrual include substantially all property taxes, taxpayer-assessed taxes (such as sales and use, utility users, business license, transient occupancy,franchise fees and gas taxes), interest, special assessments levied, state and federal grants, and charges for current services. Revenue from licenses, permits, fines and forfeits is recorded as received. Expenditures are recorded when the related fund liability is incurred. Fiduciary Fund revenue and expenses or expenditures (as appropriate) are recognized on the basis consistent with the fund's accounting measurement objective. 21 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 All Governmental Funds are accounted for using a current financial resources measurement focus. This means that only current assets and current liabilities are generally included on their balance sheets. Their reported fund balance is considered a measure of"available spendable resources." Governmental Fund operating statements present increases(revenue and other financing sources)and decreases (expenditures and other financing uses)in net current assets. Accordingly,they present a surnmary of sources and uses of"available spendable resources"during a period. The government-wide financial statement is accounted for on a flow of economic resources measurement focus. This means that all assets and all liabilities (whether current or noncurrent) associated with their activity are included on their statement of net position. Cash and Investments Deposits in financial institutions, money market funds, and the State Treasurer's investment pool are reported as cash and investments since funds can spend cash at any time without prior notice or penalty.All investments with fiscal agents are also considered cash equivalents if they are liquid. Investments are stated at fair value. Restricted Assets Certain cash and investments of the Town are classified as restricted because their uses are limited by revenue sources. When an expense is incurred for purposes for which there are both restricted and unrestricted cash assets available, restricted cash is used first, then unrestricted cash as it is needed. Use of Estimates Financial statement preparation in conformity with accounting principles generally accepted in the United States of America requires the use of estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenditures/expenses during the reporting period.Actual results could differfrom those estimates. Receivables and Payables Property, sales, and use taxes related to the current fiscal year are accrued as revenue and accounts receivable are considered available if received within 60 days of fiscal year end. Federal and State grants are considered receivable and accrued as revenue when reimbursable costs are incurred under the accrual basis of accounting in the government-wide staternent of net position. The amount recognized as revenue under the modified accrual basis of accounting is limited to the amount that is deemed measurable and available. The Town considers these taxes available if they are received during the period when settlement of prior fiscal year accounts payable and payroll charges normally occur. Grants, entitlements or shared revenue are recorded as receivables and revenue in the general, special revenue, and capital projects funds when they are received or susceptible to accrual. Balances representing lending/borrowing transactions between funds outstanding at the end of the fiscal year are reported as either"due to/due from other funds" (amounts due within one year), "advances to/from other funds" (non-current portions of interfund lending/borrowing transactions), or "loans to/from other funds" (long-term lending/borrowing transactions as evidenced by loan agreements). Allowance for Doubtful Accounts Management has elected to record bad debts using the direct write-off method. Accounting principles generally accepted in the United States of America require that the allowance method be used to reflect bad debts. However, the effect of the use of the direct write-off method is not materially different frorn the results that would have been obtained had the allowance method been followed. Property Taxes Property taxes in the State of California are administered for all local agencies at the County level and consist of secured, unsecured, and utility tax rolls. The following is a summary of major policies and practices relating to property taxes: 22 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 y Property Valuations - are established by the Assessor of Marin County for the secured and unsecured property tax rolls;the utility property tax roll is valued by the California State Board of Equalization. Under the provisions of Article XI IIA of the State Constitution (Proposition 13, adopted by the voters on June 6, 1978), properties are assessed at 100%of full value. From this base of assessment, subsequent annual increases in valuation are limited to a maximum of 2%. However, increase to full value is allowed for property improvements or upon change in ownership. Personal property is excluded from these limitations and is subject to annual reappraisal. r Tax Levies-are limited to 1%of full assessed value which results in a tax rate of$1.00 per$100 assessed valuation under the provisions of Proposition 13.Tax rates for voter-approved indebtedness are excluded from this limitation. Tax Levy Dates - are attached annually on January 1, preceding the fiscal year for which the taxes are levied. The fiscal year begins July 1 and ends June 30 of the following year. Taxes are levied on both real and unsecured personal property. Liens against real estate, as well as the tax on personal property, are not relieved by subsequent renewal or change in ownership. v Tax Collections - are the responsibility of the Marin County's tax collector. Taxes and assessments on secured and utility rolls, which constitute a lien against the property, may be paid in two installments: The first is due on November 1 of the fiscal year and is delinquent if not paid by December 10; and the second is due on March 1 of the fiscal year and is delinquent if not paid by April 10. Unsecured personal property taxes do not constitute a lien against property unless the taxes become delinquent. Payment must be made in one installment, which is delinquent if not paid by August 31 of the fiscal year. Significant penalties are imposed by the County for late payments. r Tax Levy Apportionments-due to the nature of the Town-wide maximum levy, it is not possible to identify general-purpose tax rates for specific entities. Under State legislation adopted subsequent to the passage of Proposition 13, apportionments to local agencies are made by each County auditor-controller based primarily on the ratio that each agency represented of the total Town-wide levy for the three fiscal years prior to fiscal year 1979. Property Tax Administration Fees - the State of California fiscal year 1990-91 Budget Act authorized Counties to collect an administrative fee for its collection and distribution of property taxes. Capital Assets Capital assets are reported in the government-wide statement of net position. Capital assets are stated at historical cost, when available and at estimated replacement cost when original cost was not available. Donated assets are stated at estimated market value at date of donation. The Town's policy is to capitalize all capital assets with costs exceeding a minimum threshold of $5,000. Depreciation is recorded using the straight-line method over the estimated useful lives of the assets, which range from five to seventy-five years. Compensated Absences Compensated absences represent the vested portion of accumulated vacation and sick leave. The Town's method of calculating the liability is in accordance with GASB Statement No. 16,except that additional accruals for salary- related payments associated with the payment of compensated absences, for example, the employer's share of pension contributions, social security and medicare taxes, have not been accrued as that amount is not considered significant or material to the financial statements taken as a whole. In governmental fund types, the cost of vacation and sick leave benefits is recognized when payments are made to employees. Long-term Obligations In the government-wide financial statements, long-term debt and obligations are reported as liabilities in the applicable statement of net position. Bond premiums, issuance costs and discounts are deferred and arnortized over the life of the bond. In the fund financial statements,governmental fund types recognize bond premiums and discounts,as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. 23 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 Pension Plan In government-wide financial statements, defined benefit pension plan overfunded or underfunded liabilities are required to be recognized and disclosed using the accrual basis of accounting, regardless of the amount recognized as pension expenditures on the governmental fund statements,which use the modified accrual basis of accounting. In general, the Town recognizes a net pension liability, which represents the Town's proportionate share of the excess of the total pension liability over the fiduciary net position(plan assets owned)of the pension reflected in the actuarial report provided by the California Public Employees Retirement System (CaIPERS). The net pension liability is measured as of the Town's prior fiscal year-end. Changes in the net pension liability are recorded, in the period incurred, as pension expense or as deferred inflows of resources or deferred outflows of resources depending on the nature of the change. The changes in net pension liability that are recorded as deferred inflows of resources or deferred outflows of resources (that arise from changes in actuarial assumptions or other inputs and differences between expected or actual experience) are amortized over the weighted average remaining service life of all participants in the respective pension plan and are recorded as a component of pension expense beginning with the period in which they are incurred. For purposes of measuring the net pension liability and deferred outflows/inflows or resources relating to pensions and pension expense, information about the fiduciary net position of the Town's pension plan with CaIPERS and additions to/deductions from the plan's fiduciary net position have been determined on the same basis as they are reported by CaIPERS. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefits terms. Investments are reported at fair value. Projected earnings on pension investments are recognized as a component of pension expense. Differences between projected and actual investment earnings are reported as deferred inflows of resources or deferred outflows of resources and amortized as a component of pension expense on a closed basis over a five-year period beginning with the period in which the difference occurred. Each subsequent year will incorporate an additional closed basis five-year period of recognition. Other Postemployrnent Benefits Plan (OPEB) For purposes of measuring the net OPEB liability,deferred outflows of resources and deferred inflows of resources related to OPEB, and OPEB expense, information about the fiduciary net position of the Town's Retiree Benefits Plan ("OPEB Plan")and additions to/deductions from the OPEB Plan's fiduciary net position have been determined on the same basis as they are reported by the Plan. For this purpose,the OPEB Plan recognizes benefit payments when due and payable in accordance with the benefit terms. Investments are reported at fair value, except for money market investments, which are reported at amortized cost. Generally accepted accounting principles require that the reported results must pertain to liability and asset information within certain defined timeframes. For this report, the following timeframes are used: Valuation Date June 30, 2017 Measurement Date June 30, 2017 Measurement Period July 1, 2016 to June 30, 2017 Major Funds The Town's Major Funds are as follows: General Fund-this fund is used to account for the general operations of the Town,and is used to account for al' financial resources except those required to be accounted for in another fund. Tiburon Street Impact Fund-this fund is used to account for the collection of impact fees frorn permits issued for construction projects within the Town limits,whose use is restricted for street projects. 24 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 Net Position and Fund Balances The government-wide financial statements utilize a net position presentation. Net position represents the difference between assets plus deferred outflow of resources,as compared to liabilities plus deferred inflow of resources,and is displayed in the following three components: • Net Investment in Capital Assets - this component groups all capital assets, reduced by accumulated depreciation, and the outstanding balances of debt that are attributable to the acquisition, construction or improvement of the assets. • Restricted Net Position - this component represents net position that is subject to constraints either (1) externally imposed by creditors(such as debt covenants), grantors, contributors, or laws or regulations of other governments or(2) imposed by law through constitutional provisions or enabling legislation. • Unrestricted Net Position-this component represents net position of the Town that is not restricted for any other purpose. When both restricted and unrestricted net position is available, restricted resources are used first,then unrestricted resources as they are needed. Governmental funds report fund balance as nonspendable, restricted, committed, assigned or unassigned,based primarily on the extent to which the Town is bound to honor constraints on how specific amounts can be spent and are described as follows: • Nonspendable Fund Balances - amounts that cannot be spent because they are either (a) legally or contractually required to be maintained intact or (b) not in spendable form such as long-term notes receivable. • Restricted Fund Balances - amounts that can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation. • Committed Fund Balances - amounts that can be used only for the specific purposes determined by a formal action of the Town Council, to establish, modify or rescind a fund balance commitment. • Assigned Fund Balances-amounts that are constrained by the government's intent to be used for specific purposes but do not meet the criteria to be classified as restricted or committed,as determined by a formal action or policy of the Town Council or its appointed official. • Unassigned Fund Balances-the residual classification for the government's general fund and includes all spendable amounts not contained in the other classifications. The Town has set aside amounts for emergency situations or revenue shortages or budgetary imbalances, commonly referred to as revenue stabilization. The authority to set aside those amounts generally comes from statue,ordinance, resolution,constitution or policy. Stabilization arnounts may be expended with Council approval only when certain specific circumstances exist as determined by Council at that tirne. When expenditures are incurred for purposes for which both restricted and unrestricted amounts are available, it is the Town's policy to expend restricted fund balances first. When expenditures are incurred for purposes for which committed,assigned, or unassigned amounts are available, it is the Town's policy to expend committed,then assigned,then unassigned amounts in that order. Note 3 - Stewardship, Compliance and Accountability Budoetary Information The Town follows these procedures annually in establishing the budgetary data reflected in the financial statements: 25 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 1. The Town Manager submits to the Town Council a proposed draft budget for the fiscal year commencing the following July 1. The budget includes proposed expenditures and the means of financing them. 2. The Town Council reviews the proposed budget at special scheduled sessions which are open to the public. The Council also conducts a public hearing on the proposed budget to obtain comments from interested persons. 3. Prior to July 1, the budget is adopted through the passage of a resolution. 4. From the effective date of the budget, which is adopted and controlled at the department level, the amounts stated therein as proposed expenditures become appropriations to the various Town departments. The Town Council may amend the budget by resolution during the fiscal year. The Town Manager may authorize transfers from one object or purpose to another within the same department, and between departments within the General Fund. All appropriations lapse at year end. Economic Dependency In fiscal year 2017-18, the Town received 50% of its total general fund revenue from one source; property taxes. Any reduction in assessed property values or reductions in the Town's property tax share due to the State's ongoing budget issues could impair the Town's operating budget. Revenue Limitations Imposed By California Proposition 218 Proposition 218, which was approved by the voters in November 1996, regulates the Town's ability to impose, increase, and extend taxes, assessments, and fees. Any new, increased, or extended taxes, assessments, and fees subject to the provisions of Proposition 218, require voter approval before they can be implemented. Additionally, Proposition 218 provides that these taxes, assessments, and fees are subject to the voter initiative process and may be rescinded in future years by the voters. Note 4- Cash and Investments The Town follows the practice of pooling cash and investments of all funds except for restricted funds required to be held by outside custodians,fiscal agents or trustees under the provisions of bond indentures. Cash and investments are classified in the accompanying financial statements as follows: Statement of Net Position Cash and investments $ 25,697,774 Statement of Fiduciary Assets Cash and investments with Town 1,084,176 Cash investments with fiscal agent 56,574 $ 26,838,524 Cash and Investments are comprised of the following: Deposits with financial institutions: money market mutual funds $ 100,000 checking accounts 95,487 Investment in State Investment Pool 26,586,463 US Treasury money market funds 56,574 $ 26,838,524 26 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 Investment in State Investment Pool The Town is a voluntary participant in the Local Agency Investment Fund (LAIF). LAIF, established in 1977, is regulated by California Government Code Section 16429 and under the day to day administration of the California State Treasurer. There is a five member Local Investment Advisory Board that is chaired by the State Treasurer. LAIF determines fair value of its investment portfolio based on market quotations for those securities where market quotations are readily available, and on amortized cost or best estimate for those securities where market value is not readily available. LAIF is part of the Pooled Money Investment Account (PMIA) and under the control of the State Treasurer's Office, which is audited by the Bureau of State Audits on an annual basis. At fiscal year end PMIA had approximately$88.8 billion in investments. Audited financial statements of PMIA may be obtained from the California State Treasurer. The fair value of the City's investment in this pool is reported in the accompanying financial statements at amounts based upon the City's pro-rata share of the fair value provided by LAIF for the entire LAIF portfolio(in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. Disclosures Relating to Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally,the longer the maturity of an investment,the greater the sensitivity of its fair value to changes in market interest rates. Information about the sensitivity of the fair values of the Town's investments to market interest rate fluctuations is provided by the following table that shows the maturity date and yield of each investment: Maturity/Yield State investment pool (LAIF) $26,586,463 6 months average maturity, 1.90%yield Bank money market funds 100,000 due on demand, 0.15% yield Trustee money market funds 56,574 due on demand, 0.30% yield Disclosures Relating to Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment.This is measured by the assignment of a rating by a nationally recognized statistical rating organization. LAIF does not have a rating provided by a nationally recognized statistical rating organization. Concentration of Credit Risk The investment policy of the Town contains limitations on the amount that can be invested in any single issuer as follows: 5% for negotiable certificates of deposit and commercial paper, 15% for money market funds, 20% for federal agencies and US GSEs, and no limit for US Treasury Securities and LAIF. There are no investments in any single issuer that represent 5% or more of total Town investments. Nearly 99% of the Town's cash and investments at fiscal year end were invested in LAIF. Custodial Credit Risk Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. The California Government Code and the Town's investment policy do not contain legal or policy requirements that would limit the exposure to custodial credit risk for deposits, other than the following provision for deposits: "the California Government Code requires that a financial institution secure deposits made by state or local governmental units by pledging securities in an undivided collateral pool held by a depository regulated under state law(unless so waived by the governmental unit). The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies." California law also allows financial institutions to secure Town deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. At fiscal year end the Town had $218,013 that was not covered by depository insurance but collateralized by either marketable securities,first trust deed mortgage notes, or a combination of both. 27 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 The custodial credit risk for investments is the risk that, in the event of the failure of the counterparty(e.g., broker- dealer)to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The California Government Code and the Town's investment policy do not contain legal or policy requirements that would limit the exposure to custodial credit risk for investments. With respect to investments, custodial credit risk generally applies only to direct investments in marketable securities. Custodial credit risk does not apply to a local government's indirect investment in securities through the use of mutual funds or government investment pools (such as LAIF). Note 5- Capital Assets The following is a summary of changes in the Town's capital assets as reported in the Governmental-wide financial statements: Beginning Additions/ Retirements/ Ending Balance Completions Adjustments Balance Non-depreciable Assets Land $ 4,087,952 $ - $ - $ 4,087,952 Depreciable Assets Buildings and improvements 5,965,293 - - 5,965,293 Furniture and equipment 2,928,904 177,499 (171,000) 2,935,403 Infrastructure 58,522,497 1,549,697 - 60,072,194 67,416,694 1,727,196 (171,000) 68,972,890 Accumulated Depreciation (32,303,433) (1,458,582) - (33,762,015) Depreciable assets, net 35,113,261 268,614 (171,000) 35,210,875 Net Capital Assets $ 39,201,213 $ 268,614 $ (171,000) $ 39,298,827 Note 6-Long-term Obligations Changes in long-term obligations for the fiscal year were as follows: Due Within Beginning Additions Reductions End of Year One Year Compensated Absences $ 364,033 $ - $ (45,935) $ 318,098 $ 79,525 Postemployment Benefits 804,566 1,323,611 2,128,177 Net Pension Liability 7,159,119 1,009,362 - 8,168,481 $ 8,327,718 $ 2,332,973 $ (45,935) $ 10,614;756 Note 7- Special Assessment District Bond Obligations The Town acts as an agent for collection of property taxes and repayment of several special assessment district improvement bonds issued on behalf of these districts located within the Towns boundary limits. Since the Town is not obligated in the event of any manner for these special assessment bonds, debt service payments, or default, the debt is not recorded in these financial statements. 28 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 In 2016, the Board of Directors of the Tiburon Public Financing Authority determined that it was in the best interest of the Town and the various Special Assessment Districts to refund the existing bonds issued by several Special Assessment Districts which will result in savings in effective interest rates, thereby resulting in significant public benefits to the Town and the Authority within the contemplation of Section 6586 of the California Bond Law. The Board authorized the issuance and sale of$10,500,000 revenue bonds for the purpose of financing the acquisition of reassessment bonds for the Town of Tiburon 2016 Consolidated Reassessment District. At fiscal year end, the outstanding balance of the "Town of Tiburon Limited Obligation Refunding Bonds 2016 Consolidated Reassessment District"was $9,661,951. Note 8-Interfund Transfers Operating interfund transfers for the fiscal year comprise the following: Fund Transfers In Transfers Out General Fund 101 $ 122,442 $ 3,900,000 Reserve - Employee housing - 800,000 Reserve - Retirement GASB 68 800,000 - Reserve-OPEB GASB 75 1,000,000 - Reserve- OPEB GASB 45 250,000 - Reserve - Insurance 150,000 - Reserve - Park improvements 750,000 - Reserve - Drainage Streets 1,000,000 - Reserve - Infrastructure 750,000 - COPS Supplemental grant - 122,442 $ 4,822,442 $ 4,822,442 Note 9- Other Postemployment Benefits Plan ("OPEB") Plan Description and Eligibility The Town of Tiburon provides retiree medical benefits to employees who retire from the Town at age 50 or later with at least 5 years of service and are eligible for a CalPERS pension. Employees who retire due to disability are also eligible. Dental benefits are not provided to retirees. Eligible retirees are entitled to the minimum CalPERS monthly medical benefit,which was$128 in 2017 and$133 in 2018. This amount is expected to increase annually. This benefit continues for the life of the retiree and for the life of any surviving spouse. In addition to the above, retirees with 15 or more years of Town service are eligible to receive a monthly benefit based on the monthly premium charged by CalPERS for Kaiser single person coverage($733 in 2017 and$780 in 2018). However,this benefit does not apply to Manager and Mid-Management employees hired after July 1,2009, Police employees hired after July 1, 2010, or SEIU employees hired after July 1, 2014. The benefit amount is the below percentage of the Kaiser premium at the time of retirement. The amounts,which are paid by the Town directly to retirees, are fixed at retirement and do not increase in subsequent years. The benefit amount does not decrease at age 65 even though Kaiser Premiums decrease substantially at that age. This benefit continues only for the life of the retiree. 29 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 15— 19 years of service 50% 20—24 years of service 75% 25 or more years of service 100% Retirees may select any retiree medical plan offered by CaIPERS, including spouse or family coverage, but must incur the cost of premiums exceeding the above benefits. Employees Covered As of the June 30, 2018 actuarial valuation,the following current and former employees were covered by the benefit terms: Active employees 37 Inactive employees or beneficiaries currently receiving benefits 21 Inactive employees entitled to, but not yet receiving benefits - Total 58 Contributions The obligation of the Town to contribute to the plan is established and may be amended by the Town Council. The contribution required to be made is based on a pay-as-you-go basis(i.e., as medical insurance premiums become due). For fiscal year 2018,cash contributions were made totaling$178,272(including implied subsidy of$55,782). Net OPEB Liability The Town's net OPEB liability was measured as of June 30, 2017, and the total OPEB liability used to calculate the net OPEB liability was determined by an actuarial valuation as of June 30, 2017. Actuarial Assumptions The Town's net OPEB liability was measured as of June 30,2017 and the total OPEB liability used to calculate the net OPEB liability was determined by an actuarial valuation dated June 30, 2017 based on the following actuarial methods and assumptions: Actuarial Cost Method Entry Age Normal Amortization Method Straight-line amortization Actuarial Assumptions: Discount Rate 6.50% based on a PARS Balanced investment policy Net Investment Return 6.50% based on a PARS Balanced investment policy Inflation 2.25% per annum Payroll increases 3.25% annual increases Healthcare Trend Rate 5.00% to 7.80% over a 12 year period Morbidity Factors Derived using CalPERS membership 2013 study The actuarial assumptions used in the June 30, 2017 valuation were based on the results of an actuarial experience study for the period July 1, 2016 through June 30, 2017. The long-term expected rate of return on OPEB plan investments was determined using a building-block method in which best-estimate ranges of expected future real rates of return(expected returns, net of OPEB plan investment expense and inflation)are developed for each major asset class. These ranges are combined to produce the long- term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. 30 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 The target allocation and best estimates of arithmetic real rates of return for each major asset class are summarized in the following table: Long-term Target Expected Real Investment Class Allocation Rate of Return (1) Equity 58% 5.66% Fixed Income 35% 1.41% REIT 2% 5.06% Cash 5% -0.26% (1) JP Morgan Long-term Capital Market assumptions and expected inflation of 2.25% Discount Rate The discount rate used to measure the total OPEB liability was 6.50 percent. The projection of cash flows used to determine the discount rate assumed that Town contributions will be made at rates equal to the actuarially determined contribution rates. Based on those assumptions,the Town plan's fiduciary net position was projected to be available to make all projected OPEB payments for current active and inactive employees. Therefore,the long- term expected rate of return on OPER plan investments was applied to all periods of projected benefit payments to determine the total OPEB liability. Sensitivity of the Total OPEB Liability to Changes in the Discount Rate The following presents the total OPEB liability of the Town, as well as what the total OPEB liability would be if it were calculated using a discount rate that is one percentage point lower or one percentage point higher than the current rate, for the measurement period ended June 30, 2017: 1% Decrease Current Discount 1% Increase 5.66% Rate 6.66% 7.66% Net OPEB Liability $2,571,330 $2,128,177 $1,759,272 Sensitivity of the Total OPEB Liability to Changes in Healthcare Cost Trend Rates The following presents the total OPER liability of the Town, as well as what the total OPEB liability would be if it were calculated using a health care cost trend rates that are one percentage point lower or one percentage point higher than the current rates, for the measurement period ended June 30, 2017: Current Trend Healthcare Cost Current Trend less 1% Trend Rate 6.66% plus 1% Net OPEB Liability $1,866,573 $2,128,177 $2,443,882 OPEB Expense For the year ended June 30, 2018, OPEB expense in the amount of $50,323 is included in the accompanying statement of activities. Deferred Outflows/Inflows of Resources Related to OPEB At June 30, 2018, the Town reported deferred outflows of resources and deferred inflows of resources related to OPEB from the following sources: 31 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 Deferred Outflows Deferred Inflows of Resources of Resources Contributions subsequent to the measurement date $ 178,272 $ - Differences between projected and actual experience - 48,869 Changes of assumptions - 1987025 Net difference between projected and actual earnings of OPEB Plan investments - 58,433 Totals $ 178,272 $ 2,094,327 Deferred outflows of resources in the amount of$178,272 are contributions made subsequent to the measurement date, and will be recognized as a reduction of the total OPEB liability in the year ended June 30, 2019. Other amounts reported as deferred inflows of resources related to OPEB will be recognized as OPEB expense as follows: Year Ending June 30: 2019 $ (314,636) 2020 (314,636) 2021 (314,636) 2022 (314,637) 2023 (300,028) thereafter (535,754) $ (2,094,327) Note 10- Cost-Sharing Multiple-Employer Defined Benefit Pension Plan Overview of the Plan Governmental Accounting Standards Board Statement No. 68,Accounting and Financial Reporting for Pensions (GASB 68), requires public employers to comply with new accounting and financial reporting standards. GASB 68 outlines a different approach to the recognition and calculation of pension obligations. Under GASB 68,employers that participate in a defined benefit pension plan administered as a trust or equivalent arrangement are required to record their portion of the net pension liability, pension expense, and deferred outflows/deferred inflows of resources related to pensions in their financial statements as part of their financial position. Net pension liability is the plan's total pension liability based on the entry age normal actuarial cost method less the plan's fiduciary net position (plan assets owned). This may be a net pension asset when the Plan's fiduciary net position exceeds its total pension liability. Pension expense is the change in net pension liability from the previous reporting period to the current reporting period less adjustments. This may be a negative expense(pension income),which should be reported as a credit in pension expense. Deferred outflows of resources and deferred inflows of resources related to pensions are certain changes in total pension liability and fiduciary net position that are to be recognized in future pension expense. 32 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 SummarV of Significant Accounting Policies For purposes of measuring the net pension liability, deferred outflows of resources and deferred inflows of resources related to pensions, and pension expense, information about the fiduciary net position of the Plan and additions to/deductions from the Plan's fiduciary net position have been determined on the same basis. For this purpose, benefit payments (including refunds of employee contributions)are recognized when currently due and payable in accordance with the benefit terms. Investments are reported at fair value. GASB 68 requires that the reported results must pertain to liability and asset information within certain defined timeframes. For this report, the following timeframes are used: Actuarial Valuation Date June 30, 2016 Measurement Date June 30, 2017 Measurement Period July 1, 2016 to June 30, 2017 General Information about the Pension Plan: Plan Description Benefits Provided and Employees Covered The Plan is an agent multiple-employer defined benefit pension plan administered by the California Public Employees'Retirement System (CalPERS). A full description of the pension plan regarding number of employees covered, benefit provisions, assumptions(for funding,but not accounting purposes),and membership information are listed in the Plan's June 30, 2016 Annual Actuarial Valuation Report(funding valuation). Details of the benefits provided can be obtained in Appendix B of the actuarial valuation report. This report and CalPERS' audited financial statements are publicly available reports that can be obtained at CalPERS' website: https://www.calpers.ca.gov Contribution Description Section 20814(c) of the California Public Employees' Retirement Law (PERL) requires that the employer contribution rates for all public employers are determined on an annual basis by the actuary and shall be effective on the July 1 following notice of a change in the rate. The total plan contributions are determined through CalPERS' annual actuarial valuation process. The actuarially determined rate is the estimated amount necessary to finance the costs of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. The employer is required to contribute the difference between the actuarially determined rate and the contribution rate of employees. Employer contribution rates may change if plan contracts are amended. Payments made by the employer to satisfy contribution requirements that are identified by the pension plan terms as plan member contribution requirements are classified as plan member contributions. Actuarial Methods and Assumptions Used to Determine Total Pension Liability The June 30, 2016 valuation was rolled forward to determine the June 30, 2017 total pension liability, based on the following actuarial methods and assumptions: 33 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 Valuation Date June 30, 2016 Measurement Date June 30, 2017 Measurement Period July 1, 2016 to June 30, 2017 Actuarial Cost Method Entry Age Normal Cost Actuarial Assumptions: Discount Rate 7.15% Inflation 2.75% Salary Increases Varies by Entry Age and Service Mortality Rate Table Derived using Membership Data Investment Rate of Return 7.00% Post Retirement Benefit Increase Contract COLA up to 2.75% Change of Assumptions In 2017, the accounting discount rate reduced from 7.65 percent to 7.15 percent. Discount Rate The discount rate used to measure the total pension liability was 7.15 percent. To determine whether the municipal bond rate should be used in the calculation of the discount rate for each plan, CalPERS stress tested plans that would most likely result in a discount rate that would be different from the actuarially assumed discount rate. The tests revealed the assets would not run out. Therefore, the current 7.15 percent discount rate is appropriate and the use of the municipal bond rate calculation is not deemed necessary. The long-term expected discount rate of 7.15 percent is applied to all plans in the Public Employees' Retirement Fund (PERF). The cash flows used in the testing were developed assuming that both members and employers will make their required contributions on time and as scheduled in all future years. The stress test results are presented in a detailed report called "GASB Crossover Testing Report" that can be obtained at CaIPERS website under the GASB 68 section. The long-term expected rate of return on pension plan investments was determined using a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. In determining the long-term expected rate of return, CaIPERS took into account both short-term and long-term market return expectations as well as the expected pension fund(PERF)cash flows. Taking into account historical returns of all the Public Employees Retirement Funds'asset classes(which includes the agent plan and two cost- sharing plans or PERF A, B, and C funds),expected compound(geometric) returns were calculated overthe short- term (first 10 years) and the long-term (11-60 years) using a building-block approach. Using the expected nominal returns for both short-term and long-term,the present value of benefits was calculated for each PERF fund. The expected rate of return was set by calculating the single equivalent expected return that arrived at the same present value of benefits for cash flows as the one calculated using both short-term and long- term returns. The expected rate of return was then set equal to the single equivalent rate calculated above and rounded down to the nearest one quarter of one percent. 34 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 The table below reflects long-term expected real rate of return by asset class. The rate of return was calculated using the capital market assumptions applied to determine the discount rate and asset allocation. The target allocation shown was adopted by the Board effective on July 1, 2014. Current Target Real Return Real Returns Asset Class Allocation Years 1-10 (1) Years 11+ (2) Global Equity 47.00% 4.90% 5.38% Global Fixed Income 19.00% 0.80% 2.27% Inflation Sensitive Assets 6.00% 0.60% 1.39% Private Equity 12.00% 6.60% 6.63% Real Estate 11.00% 2.80% 5.21% Other 3.00% 3.90% 5.36% Liquid Assets 2.00% -0.04% -0.90% 100.00% (1) An expected inflation rate of 2.5% used for this period (2) An expected inflation rate of 3.0% used for this period Subsequent Events There were no subsequent events that would materially affect the results presented in this disclosure. Amortization of Deferred Outflows and Deferred Inflows of Resources Under GASB 68, gains and losses related to changes in total pension liability and fiduciary net position are recognized in pension expense systematically over time. The first amortized amounts are recognized in pension expense for the year the gain or loss occurs. The remaining amounts are categorized as deferred outflows and deferred inflows of resources related to pensions and are to be recognized in future pension expense. The amortization period differs depending on the source of the gain or loss, as follows: • Net Difference between projected and actual earnings on pension plan investments: 5 year straight-line amortization. • All Other Amounts: Straight-line amortization over the expected average remaining service lifetime (EARSL)of all members that are provided with benefits(active, inactive, and retired)as of the beginning of the measurement period. Deferred Outflows/Inflows of Resources Related to Pensions The Town reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: 35 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 Deferred Outflows Deferred Inflows of Resources of Resources Differences between expected and actual experience $ - $ 46,635 Changes of assumptions 1,473,203 112,665 Differences between projected and actual investment earnings 327,457 - Change in employer's proportion 22,988 438,276 Differences between employer's share of contributions - 265,129 Pension contributions subsequent to the measurement date 880,145 - Totals $ 2,703,793 $ 862,705 Recognition of Deferred Outflows and Inflows of Resources in Future Pension Expense as follows: Fiscal Year Ending June 30: 2019 $ (51,303) 2020 756,428 2021 448,917 2022 (193,099) Sensitivity of the Proportionate Share of the Net Pension Liability to Changes in the Discount Rate The following presents the Town's proportionate share of the unfunded net pension liability calculated using the discount rate that is 1 percentage point lower or 1 percentage point higher than the current rate: Discount Rate -1% Current Discount Discount Rate +1% 6.15% Rate 7.15 % 8.15% Net Pension Liability $ 13,029,724 $ 8,168,481 $ 4,167,377 Note 11 - Commitments and Contingencies The Town receives funding from a number of federal, state and local grant programs. These programs are subject to financial and compliance review by grantors. Accordingly, the Town's compliance with applicable grant requirements will be determined at some future date. Expenditures, if any,which maybe disallowed by the granting agencies,cannot be determined at this time. The Town does not expect the undeterminable amounts of disallowed expenditures, if any, to materially affect the financial statements. Receipt of this federal, state and local grant revenue is not assured in the future. The Town participates in a Joint Powers Agreement through the Marin Emergency Radio Authority(MERA) under an operating agreement dated February 1, 1999,which provides a public safety radio system to its members. The Town has committed to pay a pro-rata share of MERA's operations costs and debt service through year 2022, which are projected at $90,000 per year. 36 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 Note 12- Risk Management General Liability The Town participates in the Association of Bay Area Governments (ABAG Plan), a Joint Exercise of Power Agency. The ABAG Plan provides the Town with coverage for general liability, excess liability, public official bond, property, and crime insurance,with various deductibles. For those liability claims below$50,000 per occurrence, the Town is self-insured. ABAG Plan mernbers may receive rebates when so declared by ABAG. In the event excess liability claims exceed available resources, members may be required to make additional contributions. The ABAG Plan is a self-insured, risk-sharing pool comprised of 29 member local agencies,towns and cities in the San Francisco-Oakland Metropolitan Bay Area. The governing body includes one person from each member town, city, or agency with an annual election for the executive committee positions. Financial statements may be obtained from ABAG, Post Office Box 2050, Oakland, California 94604. Workers' Compensation The Town participates in a joint powers agreement through the Bay Cities Joint Powers Insurance Authority (BCJPIA). Claim expenditures and liabilities are reported when it is probable that a loss has occurred and the amount of that loss can be reasonably estimated. The Town currently reports all of its risk management activities in its general fund self insurance reserve. BCJPIA was created as a California Public Agency by an agreement between certain public agencies in the San Francisco Bay Area to provide workers' compensation coverage. BCJPIA is governed by a Board of Directors which is comprised of officials appointed by each member town, city or agency. The workers'compensation fund is self-insured for the first$150,000 of loss per accident;excess coverage policy is provided by an outside insurance carrier up to statutory limits. Financial statements may be obtained from BCJPIA, 1750 Creekside Oaks Drive, Suite 200, Sacramento, California 95833. Note 13- Subsequent Events The management of the Town has reviewed the results of operations for the period from its year end June 30,2018 through November 10, 2018, the date the draft financial statements were available to be issued, and have determined that no adjustments are necessary to the amounts reported in the accompanying financial statements nor have any subsequent events occurred, the nature of which would require disclosure. Note 14 -New Pronouncements The Governmental Accounting Standards Board (GASB) has released the following new pronouncements, which can read in their entirety at http://www.gasb.org GASB Statement No. 83, Certain Asset Retirement Obligations Effective Date: The requirements of this Statement are effective for reporting periods beginning after June 15, 2018. Earlier application is encouraged. (Issued 11/16) GASB Statement No. 84, Fiduciary Activities Effective Date: The requirements of this Statement are effective for reporting periods beginning after December 15, 2018. Earlier application is encouraged. (Issued 01/17) GASB Statement No. 87, Leases Effective Date: For reporting periods beginning after December 15, 2019. (Issued 06/17) 37 TOWN OF TIBURON Notes to Financial Statements June 30, 2018 Note 95- Fund Balance Designations Section of the Balance Sheet(page 14) Tiburon Nonmajor General Street Governmental Governmental Fund Balances Fund Impact Fund Funds Total Nonspendable $ - $ - $ - $ - Restricted for: Streets and sidewalks - 2,930,168 - 2,930,168 Parks in-lieu - - 38,083 38,083 Open space acquisition - - 198,746 198,746 Planning area mitigation - - 189,970 189,970 Storm water run-off - - 24,666 24,666 Circulation system improvement - - 112,128 112,128 Bunch grass mitigation - - 134,528 134,528 Cypress Hollow LLD-98 - - 30,370 30,370 Measure A sales tax parks - - 69,649 69,649 Gas tax-streets/sidewalks - - 1,601,273 1,601,273 Measure A sales tax TAM - - 269,011 269,011 Measure B sales tax streets - - 110,849 110,849 State RMRA - - 35,729 35,729 Total restricted fund balances - 2,930,168 2,815,002 5,745,170 Committed to: Operating reserve 3,000,000 - - 3,000,000 Employee compensated leave 262,507 - - 262,507 Retirement reserve 800,000 - - 800,000 OPEB reserve 250,000 - - 250,000 Self insurance reserve 250,004 - - 250,004 Capital equipment reserve 458,361 - - 458,361 Technology equipment reserve 587,011 - - 587,011 LMI Housing - - 1,215,003 1,215,003 Street frontage improvements - - 2 2 Long range planning - - 306,250 306,250 Total committed fund balances 5,607,883 - 1,521,255 7,129,138 Assigned. Public works facility 3,111,633 - - 3,111,633 Park development 1,150,627 - - 1,150,627 Open space management 25,141 - - 25,141 Disaster response reserve 100,000 - - 100,000 Streets &drainage reserve 1,640,748 - - 1,640,748 Capital outlay reserve 1,241,372 - - 1,241,372 Town owned housing units - - 393,660 393,660 Heritage &Arts project - - 4,309 4,309 Playground equipment - - 2,030 2,030 Paula Little Flower fund - - 22,488 22,488 Total assigned fund balances 7,269,521 - 422,487 7,692,008 Unassigned 3,577,396 - - 3,577,396 Total Fund Balances $ 16,454,800 $ 2,930,168 $ 4,758,744 $ 24,143,712 38 REQUIRED SUPPLEMENTARY INFORMATION (unaudited) TOWN OF TIBURON Required Supplementary Information (unaudited) Cost-Sharing Multiple-Employer Defined Benefit Pension Plan Year Ended June 30, 2018 Schedule of Proportionate Share of the Net Pension Liability The proportion (percentage) of the collective net pension liability represents the Town's share of both cost-sharing plan assets (the miscellaneous and safety plans) offset against the actuarial determined collective pension liability. The proportionate share (dollar amount) of the collective net pension liability represents the Town's share of both cost-sharing plan assets offset against the actuarial determined collective pension liability. The employer's covered-employee payroll represents the payroll of employees that are provided with pensions through the applicable miscellaneous or safety pension plan. Schedule of Contributions The employer's contributions to the plans are actuarially determined or based on statutory or contractual requirements which comprise the following: (1) the agent employer's actuarially determined contribution to the pension plan (its statutorily/contractually required contribution), (2) the employer's actual contributions, the difference between the actual and actuarially determined contributions (its statutorily/contractually required contributions), and (3) a ratio of the actual contributions divided by covered-employee payroll. 39 TOWN OF TIBURON Required Supplementary Information (unaudited) Cost-Sharing Multiple-Employer Defined Benefit Pension Plan Last 4 Fiscal Years Schedule of the Town's Proportionate Share of the Plan's Net Pension Liability Measurement Date - Fiscal Year Ending: 2017 2016 2015 2014 Town's proportion of the net pension liability 0.0824% 0.0827% 0,0789% 0.0841% Town's proportionate share of the net pension liability $ 8,168,481 $ 7,159,119 $ 5,412,997 $ 5,232,395 Town's covered-employee payroll ` $ 3,397,462 $ 3,215,899 $ 3,297,050 $ 3,503,315 Town's proportionate share of the net pension liability as a percentage of its covered-employee payroll 240% 223% 164% 149% Plan fiduciary net position as a percentage of the total pension liability 73% 74% 78% 81% *for the fiscal year ending on the measurement date Schedule of the Town's Contributions Fiscal Year Ending June 30: 2018 2017 2016 2015 Contractually required employer contribution $ 680,145 $ 626,552 $ 553,153 $ 463,611 Contributions in relation to the contractually required employer contribution 880,145 816,552 753,153 463,611 Contribution (excess) deficiency $ (200,000) $ (190,000) $ (200,000) $ - Town's covered-employee payroll $ 3,626,434 $ 3,397,462 $ 3,215,899 $ 3,297,050 Contributions as a percentage of 24% 24% 23% 14% covered-employee payroll **for the fiscal year ending on the date shown 40 TOWN OF TIBURON Required Supplementary Information (unaudited) Other Postemployment Benefits Plan As of June 30, 2018 Schedule of Changes in Net OPEB Liability and Related Ratios For Reporting at Fiscal Year End June 30. 2018 For the Measurement Period: 2016-17 Total OPEB Liability Service cost $ 224,595 Interest 163,787 Changes of benefit terms - Differences between expected and actual experience (56,071) Changes of assumptions (2,279,851) Contribution from employer - Benefit payments (119,394) Net Change in Total OPEB Liability (2,066,934) Total OPEB Liability- beginning 5,581,592 Total OPEB Liability-ending (a) $ 3,514,658 Plan Fiduciary Net Position Contributions-employer $ 1,409,411 Net investment income 98,547 Administrative expenses (2,083) Benefit payments (119,394) Net Change in Plan Fiduciary Net Position 1,386,481 Plan Fiduciary Net Position - beginning - Plan Fiduciary Net Position -ending (b) $ 1,386,481 Net OPEB Liability-ending (a) - (b) $ 2,128,177 Fiduciary Net Position as a % of Total OPER Liability 39.45% Covered-employee payroll $ 3,853,068 Net OPEB liability as a percentage of covered-employee payroll 55.23% Schedule of OPEB Contributions Actuarially Determined Contributions $ 257,809 Contributions in relation to the actuarially determined contribution 1,409,411 Contribution deficiency (excess) $ (1,151,602) Covered-employee payroll $ 3,853,068 Contributions as a percentage of covered payroll 6.69% 41 TOWN OF TIBURON Required Supplementary Information (unaudited) Budgetary Comparison Information Year Ended June 30, 2018 The Town follows these procedures in establishing the budgetary data reflected in the financial statements: • Prior to the close of each fiscal year, the Town Manager submits to the Town Council a proposed operating budget for the fiscal year commencing the following July 1. The operating budget includes proposed revenue and expenditures. • Public hearings are conducted at Town Council meetings to obtain taxpayer comments prior to adoption of the budget in June. • Prior to July 1, the budget is legally adopted for all governmental fund types through Council approved resolution. • The Town Manager is authorized to transfer budget amounts within and between funds as deemed desirable and necessary in order to meet the Town's needs; however, revisions that alter the total expenditures must be approved by the Town Council. Formal budgetary integration is employed as a management control device during the year for the governmental type funds. • Budgets for the governmental type funds are adopted on a basis consistent with generally accepted accounting principles. Budgeted amounts presented are as originally adopted and as further amended by the Town Council 42 TOWN OF TIBURON Required Supplementary Information (unaudited) Budgetary Comparison Information General Fund Year Ended June 30, 2018 Variance with Final Budget Budget Amounts(unaudited) Actual Positive Resources (inflows) Original Final Amounts (Negative) Property taxes $ 5,441,259 $ 5,441,259 $ 5,697,027 $ 255,768 Other taxes 1,647,068 1,647,068 1,792,821 145,753 Franchise fees 780,000 780,000 780,840 840 Fines and forfeitures 129,000 129,000 147,607 18,607 Investment earnings 100,100 100,100 240,191 140,091 Intergovernmental and agency 493,324 493,324 527,310 33,986 Licenses and permits 992,100 992,100 1,108,235 116,135 Charges for services 375,200 375,200 587,072 211,872 Other revenue 160,295 160,295 600,620 440,325 Transfers in 4,956,600 4,956,600 4,822,442 (134,158) Amounts Available for Appropriation 15,074,946 15,074,946 16,304,165 1,229,219 Charges to Appropriations(outflow) Town administration 1,709,899 1,709,899 1,657,207 52,692 Community development 1,237,375 1,267,375 1,230,518 36,857 Public safety 3,342,049 3,342,049 3,263,627 78,422 Public works 1,746,669 1,746,669 1,619,389 127,280 Legislative boards 85,250 90,250 68,495 21,755 Non-departmental 1,413,927 1,413,927 1,308,855 105,072 Capital improvement projects 4,111,550 5,328,550 1,682,093 3,646,457 Transfers out 3,900,000 3,900,000 4,700,000 (800,000) Total Charges to Appropriations 17,546,719 18,798,719 15,530,184 3,268,535 Surplus (Deficit) $ (2,471,773) $ (3,723,773) $ 773,981 $ 4,497,754 43 TOWN OF TIBURON Required Supplementary Information (unaudited) Budgetary Comparison Information Tiburon Street Impact Fund Year Ended June 30, 2018 Variance with Final Budget Budget Amounts(unaudited) Actual Positive Resources (inflows) Original Final Amounts (Negative) Property taxes $ - $ - $ - $ - Other taxes - - - - Franchise fees - - - - Fines and penalties - - - - Investment earnings - - 37,263 37,263 Intergovernmental and agency - - - - Licenses and permits - - - - Charges for services - - 474,838 474,838 Other revenue - - - - Transfers in - - - - Amounts Available for Appropriation - 512,101 512,101 Charges to Appropriations (outflow) Town administration - - - - Community development - - - - Public safety - - - - Public works - - - - Legislative boards - - - - Non-departmental - - - - Capital improvement projects 405,000 1,601,670 159,064 1,442,606 Transfers out - - - - Total Charges to Appropriations 405,000 1,601,670 159.064 1,442,606 Surplus (Deficit) $ (405,000) $ (1,601,670) $ 353.037 $ 1,954,707 44 OTHER SUPPLEMENTARY INFORMATION TOWN OF TIBURON General Fund Combining Balance Sheet June 30, 2018 Page 1 of Employee Public GASB 45 Si. Capital Open Disaster Streets& Capital Genera' Compensated Retirement Works OPER Insurance Equip. Technology Park Space Response Drainage Outlay TOTALS Operation Leave Reserve Facility Reserve Reserve Replace, Fund Develop Mgmt. Reserve Reserve Reserve ASSETS Cash&investments $ 7,214,154 S 262,507 $ 800,000 $ 3,111,633 S 250,000 S 473,004 $ 431,325 $ 589.793 $ 1,460,494 $25,141 5 100,000 S 1,907,774 S 1,348,245 S 17,974,070 Receivables 513,106 - - - - - - - - - - 17.500 - 530,606 Prepaid expense - - - - - - 27,036 - - - - - 27,036 Totals $ 7,727,260 S 262,507 S 800.000 $ 3,111,633 $ 250,000 $ 473,004 $ 458,361 $ 589,793 $ 1,460,494 S 25,141 $ 100,000 $ 1,925,274 S 1,348,245 S 18,531,712 LIABILITIES Accounts payable S 305,456 $ - S - $ - $ $ $ $ 2,782 S 284,857 S - S - $ 284,526 S 106,873 S 984,504 Accrued liabilities (991) - - - - 223,000 - - - - - - - 222,009 Deposits 845,399 - - - - - - - 25,000 - - - - 870,399 Totals 1,149,864 - - - - 223,000 - 2,782 309,867 - - 284,526 106.873 2,076,912 FUND BALANCES Nonspendable Restricted _ _ Committed 3,000,000 262.507 800.000 - 250.000 250,004 458,361 587,011 - - - - - 5,607,883 Assigned - - - 3,111,633 - - - - 1,150,627 25,141 100.000 1,640,748 1,241,372 7,269,521 Unassigned 3.577,396 - - - - - - - - - - - - 3,577,396 Totals 6,577,396 262,507 800.000 3,111,633 250,000 250,004 458,361 587,011 1,150,627 25,141 100,000 1,640,748 1.241,372 16.454,800 Total Liabilities& Fund Balances S 7,727,260 $ 262,507 $ 800,000 S 3,111,633 S 250,000 $ 473,004 $ 458,361 S 589,793 5 1,460,494 $25,141 S 100,000 $ 1,925,274 S 1,348,245 S 18,531,712 45 TOWN OF TIBURON General Fund Combining Statement of Revenue, Expenditures, and Change in Fund Balances Year Ended June 30, 2018 Page 2 of 2 Employee Employee Public GASB 45 Self Capital Open Disaster Streets& Capital General Compensated 'Housing Retirement Works OPER Insurance Equip, Technology Park Space Response Drainage Outlay TOTALS Operation Leave Assistance Reserve Facility Reserve Reserve Replace. -Fund Develop Ugmt. Reserve Reserve Reserve REVENUE Property taxes S 5,697,027 $ - $ _ S _ $ _ $ _ $ _ $ _ $ _ $ _ $ _ S _ $ _ S - $ 5,697,027 Othertaxes 1,792,821 - - - - - - - 1,792,821 Franchises 710,840 _ _ _ _ _ _ _ _ _ _ - 70,000 - 780,840 Fines and penalties 147,607 - - - - - - - - - - - - - 147,607 Investment eamings 240,191 - - - - - - - - - - - - - 240.191 Intergovemmental&agency 127,310 - - - - - - - - 400,000 - - - - 527,310 Licenses and permits 1,108,235 - - - - - - - - - - - - - 1,108.235 Charges for services 587,072 - - _ _ _ _ _ _ _ _ _ _ _ 587,072 Other revenue 312,742 - - - - - - 122,200 165,678 - - 600.620 Total Revenue 10,723.845 - - - - - 122,200 165,678 400,000 70,000 17,481,723 EXPENDITURES Current- Town administration 1,562,429 - - - - - _ _ 94,778 - - - - - 1,657.207 Community development 1,178,700 31,717 - - - - - 9,030 11,071 - - - - - 1,230,518 Public safety 3,137,544 - - - - - - 41,396 84,687 - - - - - 3,263,627 Public works 1,614,435 - - - - - - 3,858 1,096 - - - - - 1,619,389 Legislative boards 68,495 - _ _ _ _ _ _ _ _ _ _ _ _ 68,495 Non-departmental 1,308,855 - _ _ _ _ _ _ _ _ 1,308,855 Capital Projects 224,600 - - - - - _ - 752,675 - 575,721 129,097 7,682,093 Total Expenditures 9,095.058 31,717 - - - - - 54,284 191,632 752,675 - 575,721 129.097 10,830,184 Excess Revenue over (under)Expenditures 1,628,787 (31,717) - - - - 67,916 (25,954) (352,675) - (505,721) (129,097) 651,539 OTHEP,FINANCING SOURCES Operating transfers in 122,442 - - 800.000 1,000,000 250,000 150.000 - - 750,000 - - 1,000,000 750,000 4,822,442 Qperntiing trnn;fnm(nut) (3.900.000) - (800,000) - - - - - - (4,700,000) Total Other Sources(Uses) (3,777,558) - (800,000) 800,000 1,000,000 250,000 150,000 - - 750,000 - 1,000,000 750,000 122,442 CHANGE IN FUND BALANCES (2,148,771) (31,717) (800,000) 800,000 1,000,000 250,000 150,000 67,916 (25,954) 397,325 - - 494,279 620,903 773,981 FundBalances-Beginning 8,726,167 294,224 800,000 - 2,111,533 - 100,004 390,445 612,965 753,302 25,141 100,000 1,146,469 620,469 15,680.819 Fund Balances-End of Year S 6,577,396 $ 262,507 S - S 800,000 S 3,111,633 $250,000 S 250,004 $ 458,361 S 587,011 $ 1,150,627 $ 25,141 S 100,000 $ 1,640,748 $ 1.241,372 S 16,454,800 46 TOWN OF TIBURON Nonmajor Governmental Funds Combining Balance Sheet June 30, 2018 Page 9 of 4 Capital Projects Funds: Total Town owned Heritage Town's Tiburon Tiburon Open Planning Storm Circulation Bunch Street Tiburon Capital Housing &Arts LMI Playground Parks Space Area Water System Grass Frontage Long Range Project Units Project Housing Improvement In-Lieu Acquisition Mitigation Run Off Improvement Mitigation Improvement Planning Funds ASSETS Cash&investments $ 408,305 $ 5,634 $ 1,209,259 S - S 67,967 S 197,806 $ 189,126 $ 44,549 S 111,598 S 133,892 S 2 S 304,802 $ 2,672,940 Receivables 1,861 20 5.744 2,030 116 940 844 117 530 636 - 1,448 14,286 Totals $ 410,166 $ 5.654 $ 1,215,003 $ 2,030 S 68,083 $ 198,746 $ 189,970 $ 44,666 $ 112,128 $ 134,528 $ 2 $ 306,250 $ 2,687,226 LIABILITIES Accounts payable $ 7,266 $ 1,345 $ - S _ $ _ $ _ S _ $ _ $ _ S _ $ _ S - S 8,611 Accrued liabilities - - - - 30,000 - - 20,000 - - - - 50.000 Deposits-tenants 9,240 - - - - - - - - - - - 9,240 Totals 16,506 1,345 - - 30,000 - - _ _ 20,000 - - 67,851 FUND BALANCES Nonspendable _ _ Restricted - - - - 38,083 198,746 189,970 24,666 112,128 134,528 - - 698,121 Committed - - 1,215,003 - - - - - - - 2 306,250 1,521,255 Assigned 393,660 4,309 - 2,030 - _ _ _ - - - - 399,999 Unassigned _ _ _ Totals 393.660 4,309 1,215.003 2,030 38,083 198,746 189,970 24,666 112,126 134,528 2 306,250 2,619,375 Total Liabilities& Fund Balances $ 410,166 $ 5,654 S 1,215.003 S - $ 68,083 $ 198,746 $ 189,970 S 44,666 $ 112,128 S 134,528 $ 2 $ 306,250 S 2,687,226 47 TOWN OF TIBURON Nonmajor Governmental Funds Combining Balance Sheet June 30, 2018 Page 2 of 4 Special Revenue Funds: Total Total Total Police Cypress Measure A State Measure A Measure B Special Capital Ncnmajor Supp Law Hollow Paula Little Sales Tax Gasoline Sales Tax VLF State Revenue Project Governmental Enforcement LLD-98 Flower Fund Parks Tax TAM Roads RMRA Funds Funds Funds ASSETS Cash&investments S - S 30,120 $ 22,382 $ 34,084 S 1,594,610 $ 272,518 $ 110,325 $ 35,561 $ 2,099,599 S 2,672,940 5 4,772,539 Receivables - 251 i06 35.565 6,662 1,272 524 169 44,549 14,286 58,835 Totals S $ 30,370 S 22,488 $ 69,649 $ 1,601,273 S 273,790 $ 110,849 $ 35,729 S 2,144,148 S 2,687,226 $ 4,831,374 LIABILITIES Accounts payable $ - S - S - 5 - $ - $ 4,779 S - $ - S 4,779 S 8,611 S 13,390 Accrued liabilities - - - - - - - - - 50,000 50,000 Deposits-tenants - - - - - - - - 9,240 9,240 Totals - - - - - 4,779 - - 4,779 67,851 72,630 FUND BALANCES Ncnspendable _ _ _ _ _ _ Restricted - 30,370 - 69,649 1,601,273 269,011 110,849 35,729 2,116,881 698,121 2,815,002 Committed - - - - - - - - 1,521,255 1,521,255 Assigned - - 22,488 - - - - - 22,488 399,999 422,487 Unassigned _ _ _ _ Totals - 30.370 22,488 69,649 1,601,273 269,011 110,849 35,729 2,139,369 2,619,375 4,758,744 Total Liabilities& Fund 5alances 5 - S 30,370 5 22,488 S 69,649 $ 1,601,273 5 273,790 5 110,849 S 35,729 $ 2,144,148 5 2,687,226 S 4,831,374 48 TOWN OF TIBURON Nonmajor Governmental Funds Combining Statement of Revenue, Expenditures, and Change in Fund Balances Year Ended June 30, 2018 Page 3 of 4 Capital Project Funds: Total Town owned Heritage Town's Tiburon Tiburon Open Planning Storm Circulation Bunch Street Tiburon Capital Housing &Arts LMI Playground Parks Space Area Water System Grass Frontage Long Range Project Units Project Housing Improvement In-Lieu Acquisition Mitigation Run Off Improvement Mitigation Improvement Planning Funds REVENUE Property taxes S S S S S S $ S S S S S S Othertaxes Franchises Fines and penalties Investment earnings 4,903 67 17,474 - 524 2,793 2,550 529 1,112 1.710 - 4,040 35,702 Intergovernmental&agency - 1,800 - _ _ Licenses and permits _ _ Charges for services 115,310 - _ _ _ - - - - - - 115,310 Other revenue - - 3,848 - 24,063 - - 1,472 1,189 - - 48,794 79,366 Total Revenue 120.213 1.867 21,322 - 24,587 2,793 2,550 2,001 2,301 1,710 - 52,834 232.178 EXPENDITURES Current- Town administration _ Community development 5,542 5.542 Public safety Public works Legislative boards - 3,170 - - - - - - - 3.170 Non-departmental 72.264 - 23,374 - _ _ _ _ _ _ - 95,638 Capital improvement projects - - - 15,503 - 15,503 Total Expenditures 72,264 3,170 23,374 - - - - 15,503 - - 5,542 119,853 Excess Revenue over (under)Expenditures 47,949 (1,303) (2,052) - 24,587 2,793 2,550 (13,502) 2,301 1,710 47,292 112.325 OTHER FINANCING SOURCES Operating transfers in(out) _ Total Other Sources(Uses) CHANGE IN FUND BALANCES 47,949 (1,303) (2,052) - 24,587 2,793 2,550 (13,502) 2,301 1,710 - 47,292 112.325 Fund Balances-Beginning 345,711 5,612 1,217,055 2,030 13,496 195,953 187,420 38,168 109,827 132,818 2 258,958 2,507,050 Fund Balances-End of Year $ 393,660 S 4,309 $ 1,215,003 S 2,030 S 38,083 S 198,746 $ 189,970 $ 24,666 $ 112,128 S 134,528 S 2 $ 306,250 $ 2,619,375 49 TOWN OF TIBURON Nonmajor Governmental Funds Combining Statement of Revenue, Expenditures, and Change in Fund Balances Year Ended June 30, 2018 Page 4 of 4 Special Revenue Funds: Total Total Total Police Cypress Measure A State County Measure B Special Capital Nonmajor Supp Law Hollow Paula Little Parks Gasoline Measure A VLF State Revenue Project Governmental Enforcement LLQ-98 Flower Fund Sales Tax Tax Sales Tax Roads RMRA Funds Funds Funds REVENUE Property taxes S - S 16,544 S - S - S - S - 5 - $ - S 16,544 S - S 16,544 Other taxes - - - 71,242 392,837 119,493 - - 583,572 - 583,572 Franchises Fines and penalties _ _ Investment earnincs - 328 264 489 19,531 3,338 1,500 169 25,617 35,702 61,319 Intergovernmental&agency 122,442 - - - - - - 35,561 158,002 1,800 159,802 Licenses and permits _ Charges for services _ _ _ - - - - - 115,310 115,310 Other revenue - - 12,000 - - - - - 12,000 79,366 91,367 Total Revenue 122,442 16,872 12,264 71,731 412,368 122,831 1,500 35,729 795,735 232,178 1,027,914 EXPENDITURES Current- Town administration - - - - 1,602 - - - 1,602 - 1,602 Community development _ _ _ _ _ _ _ _ _ 5,542 5,542 Public safety _ _ _ _ Public works - 15,489 10,563 73,000 34,120 - - - 134,172 - 134,172 Legislative boards - - - - - 3,170 3,170 Non-departmental - - - - - - - - - 95,638 95,638 Capital improvement projects - - - 177,963 63,784 241,746 15,503 257,249 Total Expenditures - 16,489 10,563 73,000 213,685 63,784 - - 377,520 119,853 497,373 Excess Revenue over (under)Expenditures 122,442 383 1,701 (1,269) 198,683 59,047 1,500 35,729 418,215 112,325 530,541 OTHER FINANCING SOURCES Operating transfers in(out) (122,442) - - - - - - - (122,442) - (122,442) Total Other Sources(Uses) (122,442) - - - - (122,442) (122,442) CHANGE IN FUND BALANCES - 383 1,701 (1,269) 198,683 59,047 1,500 35,729 295,774 112,325 408,099 Fund Balances-Beginning - 29,987 20,787 70,918 1,402,590 209,964 109,349 - 1,843,595 2,507,050 4,350,645 Fund Balances-End of Year S - S 30,370 S 22,488 $ 69,649 S 1,601,273 $ 269,011 S 110,849 S 35,729 S 2,139,369 S 2,619,375 $ 4,758.744 50 Town Council Meeting TOWN OF TIBURON February 20, 2019 1505 Tiburon Boulevard Agenda Item: Al - 2 Tiburon, CA 94920 STAFF O . To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Tiburon Peninsula Chamber of Commerce Special Event Permits (2): Summer on Main and Tiburon Best in Show Reviewed By: n/a Greg Chanis,Town Manager Benjamin Stock,Town Attorney SUMMARY ' The Tiburon Peninsula Chamber of Commerce is requesting approval of special event permits for two new summertime events in 2019,both including a closure of Main Street.Both events follow the basic model of the existing Friday Nights on Main event. RECOMMENDED ACTIONS) 1. Consider approval of the"Summer.on Main"Special Event Permit. 2. Consider approval of the"Tiburon Best in Show"S ecial Event Permit. BACKGROUND . The Tiburon Peninsula Chamber of Commerce, with the partnership of downtown vendors, has been producing the Friday Nights on Main (FNOM) events for the past 15 years. The events are well-attended by the community. FNOM operates the last Friday night of every month from May through September, and closes Main Street between 3:30— 10 PM. In 2019, the Chamber of Commerce is requesting approval of two new special event permits (Exhibits 1 and 2) that would also close Main Street in a similar manner to the Friday Nights on Main event. The two events are the "Summer on Main" event, which would take place over four (4) Friday's in the spring/summer. and the "Tiburon Best in Show" event, which would take place on Saturday, June 1. ANALYSIS The Chamber of Commerce is presenting two new Main Street event proposals to encourage the patronage of local downtown businesses. These proposed events will also further the Chamber's mission to bring together community members. business owners, property owners and the town/peninsula: The two events are as follows: TOWN OF TIBURON PAGE 1 OF 3 1,o\\11 ( o!,H)c11 !'\'1...'.11',ii, Summer on Main 1) Venue: Main Street— in the same footprint as existing FNOM event. 2) Dates: Pour Fridays May 3, June 14, July 12, August 16 3) Time of event: 5PM — 8PM 4) Closure of Main Street: 4PM — 8:30PM. 5) Expected Number of Participants: 200-300 6) Goal: Low key event with live music at a low level, no outside dining, scattered high-top tables only, and an optional children's package. Partnering with local organizations, this event aims to promote shopping and dining downtown through offering a different approach than the more heavily attended FNOM. 7) All affected merchants will be notified in advance. Tiburon Best in Show I) Venue: Main Street—in the same footprint as existing FNOM event. 2) Date: Saturday, June l 3) Time of Event: 1 l:30AM— 1:30PM 4) Closure of Main Street: 9:OOAM —2:OOPM 5) Expected Number of Participants: 200 6) Goal: Chamber working with Vineyard Vines and the Milo Foundation (non-profit rescue adoption center for domestic animals)will bring a new family and pet owner dimension to downtown as a destination. The event will feature a pet parade up and down Main Street, with a show for Best Costume and Best Pet Trick. 7) All affected merchants will be notified in advance. FINANCIAL IMPACT The Chamber will be responsible for all work with volunteers. The Town's Department of Public Works will be requested to drop off and pick up barriers during normal working hours. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements ofthe California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the Town Council: 1. Review the Special Event Permit applications and ask questions of staff and/or the applicant; 2. Hear any public testimony about the proposed events; and �. Consider approval or modification of the permits, as submitted, or deny the permits. Exhibit(s): 1. Chamber of Commerce Event Application—Summer on Main 2. Chamber of Commerce Event Application—Best in Show TowN, ole Ti i3t.:izon PAGE 2 or 3 3. Chamber of Commerce Presentation including flyers for both events Prepared By: Patti Pickett, Administration Assistant Tom� ori TIt3uaoN, P:� im, 3 or 3 U LOA i Town of Tiburon 1505 Tiburon Blvd, Tiburon CA 94920 Patti Pickett . 415.435.7373 . ppickett@townoftiburon.org 2018 SPECIAL EVENT PERMIT APPLICATION FOR USE OF PUBLIC PROPERTY NAME OF EVENT: — r Date of Event: �ti OlAn- Name of Organization: - Type of Organization (IRS 501(C) or for profit): -' Mailing AddressCity- zip ?Y Business Phone Number: (I( E Evening Phone Number: 7( R /9 (�L�� Cellular Phone Number: (� 11 )6 Email_ ;� ���11� I : �J r h6V/ �� �� � ' exYf Contact Person"ON SITE" day of event: U (Note:This person must be in attendance for the duration of the event and immediately available.) E. 1 )Cy( Cellular Phone Number:Number: Alternate Contact Person "ON SITE" day of event: Cellular Phone Number: TYPE OF EVENT: EVENT ACTIVITIES: o Block Party o Parade o Food Service o Live Animals o Carnival o Race/Walk/Run o Fireworks o Drawing/Raffle N Street Festival o Fundraising Event o Lights/Laser Amplified Music 1�- `t'y f-,w,,) o Wedding o o Motion Picture o 1 EXHIBIT 1 LOCATION OF EVENT: (Attach Map to illustrate area) V Date: Start time: AM6 Finish time: ? AM Actual "Open to the Public" or"advertised" event hours: Date: r Start time: ' AM1 Finish time: AM/ M Estimated attendance: � � Admission fee (If applicable): Will items or services be sold at the event? Yes ❑ No If ,yes, please describe: ENTERTAINMENT: Yes No ❑ Are there any musical entertainment features related to your event'? NUT ❑ Will sound amplification be used? �y Start time: AIV(P Finish time:_ AIV�PM ❑ Will sound checks be conducted prior to the event? Start time: AM/PM Finish time: AM/PM Amplification is subiect to approval pursuant to Chapter 25-1 of the Town Code ALCOHOL: Yes No ❑ Does the event involve the sale or use of alcoholic beverages? Does the event require an ABC permit? 0_ E]❑ If yes, the Town must have a copy of the permit prior to approval of event. STREET OR SIDEWALK CLOSURE: Yes No ❑ ❑ Does the event involve a moving route of any kind along streets, sidewalks or Highways? If yes, attach a detailed map of your proposed route, the direction of travel, and a written narrative to explain your route and its impact. ❑ Is street closure sought? ❑ If yes, who will place and pick up the "rricades? U'rV � .NOL/epi\'V ��... 1 2 PUBLIC WORKS DEPARTMENT: Describe request for Public Works Department assistance, if any: Public Works Department assistance will be provided based upon availability of staff time and materials. Applicant will be billed for staff time at rates established by the Town. Do you have a cost recovery agreement on file? ❑ Yes ❑ No ACCESSIBILITY, SANITATION, RECYCLING: The event sponsors shall maintain safe and accessible paths of travel in the public right of way, as required by the American with Disabilities Act (ADA) and state law. Accessible paths of travel must be at least four feet wide and free from debris and other obstructions. For further details, see the ADA checklist provided by Town Staff. Applicants are also encouraged to hire their own ADA consultant to ensure compliance. ❑ Portable and/or Permanent Toilet Facilities: • Number of portable toilets: REQUIRED: One for every 250 people • Number of ADA Accessible toilets: REQUIRED: 10%of total portable toilets Note: Unless the applicant can substantiate the availability of adequate accessible and non-accessible toilet facilities in the immediate area of the event site, the above is required. ❑ Trash Containers and Dumpster • Number of Trash Cans: • Number of Dumpsters w/lids: REQUIRED: One for every 400 people • Recycling Containers Describe the plan for clean-up and removal of waste and garbage during and after the event: \ Fi N "v 1' r r Note: IMMEDIATELY UON CONCLUSION OF THE EVENT, THE VENUE MUST BE RETURNED TO A CLEAN CONDITION. It is the Event Organizer's responsibility to dispose of waste and garbage throughout the event. The Town does not provide clean up services for special events. If clean-up during or after the event is required, the Tiburon Department of Public Works will bill the applicant for staff time and overtime at rates established by the Town. 3 SECURITY: ❑ Yes No Is there a Professional Security organization hired to handle security Arrangements for this event? If yes, please list: Security Company: Security Organization Address: Security Director(Name): Phone: POLICE ON SCENE: Number of uniformed officers requested: Does this event have a cost recovery agreement on file? ❑ Yes ❑ No Police primary duties/responsibilities: • Parking lot patrol: ❑ Yes ❑ No • Interior venue patrol: ❑ Yes ❑ No • Stationary entrance security: ❑ Yes ❑ No Exterior: Other: Dates and hours: PARKING PLAN—SHUTTLE PLAN — MITIGATION OF IMPACT Note: Parking, traffic congestion, and environment pollution are all factors for concern with events. Consider and encourage the use of car pools, public transportation, and alternate modes of non-polluting transportation when in the planning stage of the event. If the ratio of total attendance to available parking spaces exceeds three (3) people per parking space, off-site parking and shuttle service shall be provided to avoid illegal parking and to ensure emergency access for emergency vehicles is available at all times. Parkin nd Shuttle plans(prov'de detailed de cription of locations a q parking 1 is to be used): TA Am ' i W % % Impact to grounding areas—residents, businesses, etc. (Dscribe i pac and plan for notification): INSURANCE REQUIREMENTS: Insurance information must accompany the application materials. Liability insurance can be purchased through the Recreation Department, at 435.4355 or your own carrier. The Town of Tiburon must be named as an additional insured. The insurance information should include an endorsement providing the Town its agents officials and employees primary and non-contributory coverage for claims, losses, etc. arising from the exercise of the permit._ Is the insurance endorsement attached? ❑ Yes ❑ No TO BE COMPLETED BY THE APPLICANT: I have read, understood and accepted the foregoing conditions and the following: 1. The Town reserves the right to deny any special event permit, impose any conditions it deems appropriate, and require payment for cost associated with an event, such as police and public works services. (Gatherings for the purpose of espousing views as permitted by the First Amendment do not require a permit.) Permission for an event in one year does not imply permission in future years. 2. Owner shall indemnify, defend and hold harmless the Town and its officials, employees, agents and contractors,from any claims, losses, damages or other liabilities that may arise from this event. The obligation to defend is separate and distinct from the obligation to indemnify and hold harmless and shall apply even if neither the Town nor owner is found liable for the aforesaid claims, losses, damages or other liabilities. r� Signat� � pplicant Printed Name of Applicant Date 5 Approved by: Chief of Police—Mike Cronin /Patricia Seyler Date Director of Public Works— Patrick Kerslake Date Administration Assistant— Patti Pickett Date Town Manager—Greg Chanis Date Additional conditions or requirements: "After Action Reports99 will be prepared by Town staff and filed with Town Manager and Police 2017 form was last revised in 6/2017 — PP 6 v/6 _ KP f............,_ .... _.........,. ,.., .. ,. .' 3 .... .. .. ... ..__.. ,,_„__i Town of Tiburon 1505 Tiburon Blvd, Tiburon CA 94920 Patti Pickett .415.435.7373 . ppickett@towiioftiburon.org 201 SPECIAL EVENT PERMIT APPLICATION FOR USE OF PUBLIC PROPERTY NAME OF EVENT: Date of Event: ( .4_ , f«_ (INAWL& e1111e__9__ Name of Organization: �J �` Type of Organization (IRS 501(C) or for profit): J Mailing Address .b ~- City t L` Zip Y a Business Phone Number: (�6 � ) � � Evening Phone Number: ( ) Cellular Phone Number: ( ) i _ Email r _ Contact Person"ON SITE”day of event:­`, (Note: This person must be in attendance for the duration of the event and immediately available.) Cellular Phone Number: Alternate Contact Person "ON SITE" day of event: Cellular Phone Number: ( ) TYPE OF EVENT: EVENT ACTIVITIES: o Block Party o Parade o Food Service KlFive Animals o Carnival o Race/Walk/Run o Fireworks o Drawing/Raffle Street Festival o Fundraising Event o L ights/Laser 'Amplified Music { o Wedding o _ o Motion Picture o ___ 1 EXHIBIT 2 LOCATION OF EVENT: (Attach Map to illustrate area) Date: Start time:_ M/PM Finish time: AM M Actual "Open to the Public" or"advertised" event hours: Date: " i' Start time: M/PM Finish time: AM/FM `-� Estimated attendance: c'� '`- Admission fee (If applicable): Will items or services be sold at the event? ❑ Yes ❑ No If yes, please describe: ENTERTAINMENT: Yes No ❑ Are there any musical entertainment features related to your event? ❑ Will sound amplification be used? Start time: AM/PM Finish time: AM/PM ❑ Will sound checks be conducted prior to the event? Start time: AM/PM Finish time: AM/PM Amplification is subiect to approval pursuant to Chapter 25-1 of the Town Code ALCOHOL: Yes No ,�0 r ❑ Does the event involve the sale or use of alcoholic beverages? �❑ Does the event require an ABC permit? ❑ If yes, the Town must have a copy of the permit prior to approval of event. STREET OR SIDEWALK CLOSURE: Yes No _ _--tjDoes the event involve a moving route of any kind along streets, sidewalks or Highways? If yes, attach a detailed map of your proposed route,the direction of travel, and a written narrative to explain your route and its impact. ❑ Is street closure sought? ❑ If yes, who will place and pick up the barricades? 2 PUBLIC WORKS DEPARTMENT: Describe request for Public Works Department assistance, if any: 1-7 Public Works Department assistance will be provided based upon availability of staff time and materials. Applicant will be billed for staff time at rates established by the Town. Do you have a cost recovery agreement on file? ❑ Yes ❑ No ACCESSIBILITY SANITATION RECYCLING: The event sponsors shall maintain safe and accessible paths of travel in the public right of way, as required by the American with Disabilities Act (ADA)and state law. Accessible paths of travel must be at least four feet wide and free from debris and other obstructions. For further details, see the ADA checklist provided by Town Staff. Applicants are also encouraged to hire their own ADA consultant to ensure compliance. ❑ Portable and/or Permanent Toilet Facilities: • Number of portable toilets: REQUIRED: One for every 250 people • Number of ADA Accessible toilets: REQUIRED: 10%of total portable toilets Note: Unless the applicant can substantiate the availability of adequate accessible and non-accessible toilet facilities in the immediate area of the event site, the above is required. ❑ Trash Containers and Dumpster • Number of Trash Cans: • Number of Dumpsters w/lids: REQUIRED: One for every 400 people • Recycling Containers Describe the plan for clean-up and removal of waste and garbage during and after the event: 444 X35-., Note: IMMEDIATELY UON A4CLUSION OF THE EVENT, THE VENUE MUST BE RETURNED TO A CLEAN CONDITION. /t is the Event Organizer's responsibility to dispose of waste and garbage throughout the event. The Town does not provide cleanup services for special events. If clean-up during or after the event is required, the Tiburon Department of Public Works will bill the applicant for staff time and overtime at rates established by the Town. 3 SECURITY: ❑ Yes XN o Is there a Professional Security organization hired to handle security Arrangements for this event? If yes, please list: Security Company: Security Organization Address: Security Director(Name): Phone: POLICE ON SCENE: Number of uniformed officers requested: Does this event have a cost recovery agreement on file? ❑ Yes ❑ No Police primary duties/responsibilities: • Parking lot patrol ❑ Yes ❑ No ® Interior venue patrol: ❑ Yes ❑ No • Stationary entrance security: ❑ Yes ❑ No Exterior: Other: Dates and hours: PARKING PLAN—SHUTTLE PLAN— MITIGATION OF IMPACT Note: Parking, traffic congestion, and environment pollution are all factors for concern with events. Consider and encourage the use of car pools, public transportation, and alternate modes of non-polluting transportation when in the planning stage of the event. If the ratio of total attendance to available parking spaces exceeds three (3) people per parking space, off-site parking and shuttle service shall be provided to avoid illegal parking and to ensure emergency access for emergency vehicles is available at all times. Parking and Shuttle plans (provide a detailed description f It�cations and parking lots to be used): - Impact to surrounding areas—residents. businesses, etc. (Describe impact and plan for notification):r Cn} t-, xx 4 INSURANCE REQUIREMENTS: Insurance information must accompany the application materials. Liability insurance can be purchased through the Recreation Department, at 435.4355 or your own carrier. The Town of Tiburon must be named as an additional insured. The insurance information should include an endorsement providing the Town, its agents, officials and employees, primary and non-contributory coverage for claims, losses, etc. arising from the exercise of the permit. Is the insurance endorsement attached? 0 Yes ® No TO BE COMPLETED BY THE APPLICANT: I have read, understood and accepted the foregoing conditions and the following: 1. The Town reserves the right to deny any special event permit, impose any conditions it deems appropriate, and require payment for cost associated with an event, such as police and public works services. (Gatherings for the purpose of espousing views as permitted by the First Amendment do not require a permit.) Permission for an event in one year does not imply permission in future years. 2. Owner shall indemnify, defend and hold harmless the Town and its officials, employees, agents and contractors, from any claims, losses, damages or other liabilities that may arise from this event. The obligation to defend is separate and distinct from the obligation to indemnify and hold harmless and shall apply even if neither the Town nor owner is found liable for the aforesaid claims, losses, damages or ther liabilities. 3� Signatur of pplicant Printed Name of Applicant Date 5 Approved by: Chief of Police— Mike Cronin/ Patricia Seyler Date Director of Public Works— Patrick Kerslake Date Administration Assistant— Patti Pickett Date Town Manager—Greg Chanis Date Additional conditions or requirements: "After Action Reports"will be prepared by Town staff and filed with Town Manager and Police 2017 form was last revised in 6/2017— PP 6 Tiburon Peninsula Chamber of Commerce ---------- Suminer on Main Presentation to Tiburon Town Council February 20, 2019 T16buron Besti" n Show ................. ........... EXHIBIT 3 More Events .......... ............... The Tiburon Peninsula Chamber of Commerce has seen much success in community building through Friday Nights on Main, the Holiday Festival and the Wine Festival. Cour events bring together community members, business owners, property owners and. Town leadership. atik ,� x t gal rs,��'�°�. � ' ���� �✓�2� �s " � r � y f" � w x 71 s f" r .'. s y S-Pammer on Main ............... ............... -------------- . ........... .................. ................ Goal: create an eventpromotes shopping i Proposed Dates: May 3rd, June 14th; July 12th, August 16th Select Fridays from 5 - 8 pm Target Audience: Date Night, Drinks with Friends / 200 attendees mr What it will NOT be: FNOM - no outside table service, no large lands with a stage That it will be: Live music at a low level for background enjoyment, bar set up outside of Waypoint Pizza, high top tables to enjoy wine and beer Optional Kids Night Out Package: babysitting services provided by Rent a Parent with dinner, movie, games at local restaurant P7-tnersliips with local organizations such as Landmarks society, the Belvedere Tiburon Library, Little League, The Ranch, Angel Island Ferry, Musica Marie, Pedego Bikes J v �-. 1 `� � 'at'Vv��vVv� �\�p�i'✓��/s��r� �s �,� g � �' � v >" -ix vv :/ ✓,✓`;4 G � v v'c�f�. r�,/�/f��/s�%i/i, �?�-�\�,a��i VAv�\ w�x�.�� sr y�/����r � z i s ✓' / //,gym,.�P� t f�i�`� � ✓ ', � r r 1 % � r a � Y i t p o e Al i � y �{ The Milo Foundation zY A Non-Profit Rescue,Adoption Center and Sanctuary for Domestic Animals ... ... .......... .. v v i • vineyardvine s' � Steps for Success .............—---------- ......... Work with. the Town of Tiburon. and Local. Property Owners to create formal. Main. Street Road. Closure Plan. Improved Signage at key intersections Checklist for Event Hosts - Chamber and Non Chamber Coordinated Plan with Fire Department and Police Department .. Specific procedure for closing and opening street Post event clean up plan / Additional MVRS bins Notify impacted businesses and continue to gamer their input - pivot where necessary to support businesses Effectively communicate with members of the community to create awareness of new events Promote LOCAL BUSINESSES as a PARTNER �c 2 Thank Town Council Meeting TOWN OF TIBURON February 20, 2019 1505 Tiburon Boulevard Agenda Item: AI-3 Tiburon. CA 94920 STAFF REPORT To: Mayor and Mernbers of the Town Council From: Office of the "hown Manager Subject: Receive update from Executive Director of the Richardson Bay Regional Agency, and Consider Funding Request for Eelgrass Study. Reviewed By: i �. - n/a Benjamin Stock,Town Attorney Greg Chanis,Town Manager SUMMARY Council will receive a presentation frorn Beth Pollard,Executive Director of Richardson Bay Regional Agency,and consider a request to help fund an updated survey on Eelgrass and Bathymetry in Richardson Bay. RECOMMENDED ACTION(S) 1. Receive a presentation from RBRA:Executive Director 2. Consider funding request for Eelgrass/Bathymetry 3. If contribution is approved,and exceeds$1,000,authorize budget amendment in needed amount with the source of funds being unallocated General Fund Reserves. BACKGROUND Richardson Bay. bounded on three sides by Sausalito, Mill Valley, County of Marin, Tiburon and Belvedere, is a unique and valuable scenic and natural resource. In recognition of this, and of the fact they each have jurisdiction over a portion of the Bay, these 5 local governments, along with the San Francisco Bay Conservation District Commission (BCDC), adopted the Richardson Bay Special Area Plan (Plan) in April 1984. The Plan was designed to provide a comprehensive framework to manage the future use and protection of this valuable natural resource. An aerial view of Richardson Bay showing the jurisdictional boundaries is attached as Exhibit 1. In October 2000. in an effort to more fully implement portions of the Plan, the 5 local jurisdictions entered into a Joint Powers Agreement, forming the Richardson Bay Regional Agency (RBRA). A copy of the original Joint Powers Agreement is attached as Exhibit 2. Section 6 of the agreement details what portion of the Plan the RBRA would focus on, and reads as follows: The governing body shall maintain and implement those provisions of the Special Area Plan (which consists of a diagram or diagrams and tevt containing a description of the needs and Town or TIBURON PAGE 1 OF 3 ovv.rI Cowlci; ' 1t:clirI I eLruar. r _.'.Uij bowls of the region and statement ofpolicies and goals for the Richardson Bay area) relative to: • a. Mooring, dredging and navigational channel implementation including but not limited to the establishment and enforcement of permitted anchorage zones, navigational channels and.fairways plans and similar activities. • b. Public services rued facilities which by the nature of their./unction, size, extent and other characteristics are necessary or appropriate for inclusion in the Special Area Plan. Such facilities and services may include, but are not limited to, water based police and fire protection, sewage pump-out facilities for vessels, enforcement of a vessel sewage no discharge area when given authority by the Environmental Protection Agency, and public docks or nroorings. Since it's formation in 2000, the RBRA has struggled to implement management practices to meet the objectives described above. This is in large part due to the ongoing presence of a large number of illegally anchored vessels in Richardson Bay. These vessels, collectively referred to as `Anchor Outs', present multiple, unique challenges which have proven difficult to effectively address since the RBRA's formation. Over the past 4 years, there has been arenewed effort by the RBRA to implement a long term solution regarding the anchorage. This effort has highlighted the different perspectives among the member agencies, and led to the withdrawal of Sausalito from the RBRA in 2017. Although Sausalito continues to work with the RBRA in managing the anchorage, their focus is more geared to enforcement of current regulations. The RBRA, in large part due to funding constraints, is more focused on a long-term strategy for how the anchorage should be managed. One idea the RBRA Board has discussed is to create a mooring field for vessels. In an effort to further explore this option, The RBRA has hired Merkel & Associates, Inc. (Merkel) to perform a marine-ecology based mooring feasibility and planning study in Richardson's Bay. Merkel will analyze available data and information about bay conditions to advise on potential mooring location(s), equipment, capacity, and transiting to the shore from vessels. The recommendations that emerge fi-om the study will inform future RBRA Board decisions on whether to pursue moorings as a means of improving the health, safety, and overall management of the bay. The County of Marin has agreed to fund the $100,000 cost of the Merkel study. ANALYSIS Two key components of the Merkel study will be the location and condition of eelgrass beds and the bathymetry/depths of the bay. While the study can be accomplished utilizing existing data sets., obtaining up-do-date data from site-specific side-scan surveys on the Bay's current bathyrnetry and eelgrass beds would be most ideal for greater precision in making recommendations. If moorings are pursued. current and refined survey data would likewise subsequently improve planning and implementation. Merkel has provided a separate proposal to complete this additional work at a cost of$40,000. The RBRA does not have sufficient funds to complete this additional work, and is seeking contributions fi-om its member agencies. as well as other sources to fund the study. A copy of the funding request from the RBRA is attached as Exhibit 3. Tow'y, OFT 113URON "AGr 2 or 3 1,()\"11 Col Ink,il l'lccl;11S_ FINANCIAL IMPACT The FY 2018-2019 Budget includes an allocation for the RBRA of$65,000. Allocations in the prior 3 Fiscal Years were as follows: FY 15/16- $26,910 FY 16/17- $28,910 FY 17/18- $53,283 The $38,090 increase (140%) from FY15/16 is largely due to Sausalito's withdrawal fi-om the RBRA in 2017. Tiburon's RBRA dues for the current Fiscal Year totaled $63,940, leaving approximately $1,000 available for expenditure in this line item. Funding for any additional contribution over that amount will require a budget amendment, with the source of funds being unallocated General Fund Reserves. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act(CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Receive a presentation from RBRA Executive Director 2. Consider funding request for Eel grass/Bathymetry Study 3. If contribution is approved, and exceeds $1,000, authorize budget amendment in needed amount with the source of funds being unallocated General Find Reserves Exhibit(s): 1. RBRA jurisdiction Map 2. RBRA JPA Agreement(2000) 3. RBRA Funding Request Prepared By: Greg Chanis,Town Manager TowN or TFBURON PAGt-3 of 3 m . a � / i%yams s f -g Sly�Mv v v s WI s rfr�i � 00 �y 8 s r r OEM v � � ..yi, s u 3'�� 3�gJ'Se 1 8�5y1v� '.L� l '' / r�' 'z"7j r��✓�£ s ,' ,' x �m e�_moo y!'� `�; �W � �� �'�f�y X''"`E ✓/ .� v 9 �j/f r r � Y � a.w.� r✓ r- �" s _ - Lf✓ / / �a Vic. �s'� ,�� 3 . ` � � s,�,, �`� y�'s \fieV /'Crr/.✓"' -�� wl '%"i�4s� l y"„r. J. ✓���� � gym;` x��� ,pr ✓���s- �vi� � t rn a��S�ry ��� racy"� � 2 l "f �� _:� � �' ✓Yrs/ l'� VA ��`� ' � ' F a � a � c y 8 ✓ �,y'+ � �'`�k - v�� "fit,.. d r � � a s � 9 As- Al MO, YAPpyy a YJ r fir ck zs'ova co ,_ M��AMAn ' RICHARDSON BAY JOINT EXERCISE OF POWERS AGREEMENT THIS AGREEMENT, made and entered into this 5'day ofoctobgr2000, by and between the COUNTY OF MARIN, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and the CITIES OF BELVEDERE, MILL VALLEY, SAUSALITO and TIBURON, municipal corporations of the State of California, hereinafter referred to as "CITIES". WITNESSETH: WHEREAS, COUNTY and CITIES have jointly prepared and adopted the Richardson Bay Special Area Flan (with minor modifications as it applies to Sausalito) which sets forth policies and recommendations for the waters of Richardson Clay, portions of which fall within the jurisdictions of each of the CITIES and the COUNTY; and WHEREAS, COUNTY.and CITIES believe that the mutual exercise of certain functions within the waters of Richardson Bay would be beneficial to all parties; and WHEREAS, COUNTY and CITIES are public entities of the State of California authorized under California law to provide police, fire and other governmental services to the inhabitants and property owners located upon and along Richardson Bay, as more particularly depicted on Exhibit "A", attached hereto and by this reference incorporated herein; and WHEREAS, Chapter 5 of Division 7 of Title 1 of the California Government Code (commencing with Section 6500) authorizes agreements for the prevision of services to the residents and property owners upon and along the area depicted on Exhibit°A" so as to maximize cost savings and to coordinate the efforts on this valuable resource; i EXHIBIT 2 NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties hereto do hereby agree as follows: 1. There is hereby created a public agency to be known as the Richardson Bay Regional Agency as a separate legal entity formed pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the California Government Code relating to the joint exercise of powers common to public agencies, and for the purposes of this Agreement Agency is a public entity separate from the parties hereto. 2_ The governing body of the Agency shall be constituted of five (5) members, one to be selected by the Board of Supervisors with respect to the COUNTY representative, and one to be selected by each City Council with respect to the representative of each of the CITIES. Such member appointed shall be a member of the Board of Supervisors or City Council and shall serve at the pleasure of such governmental body. The governing body shall elect from its own members a Chairman and Vice Chairman whose terms of office shall be two years. The Chairman and Vice Chairman may not be reelected to a second consecutive term in the same office. An alternate may be appointed by each member jurisdiction and such alternate may act for the member jurisdiction in the absence of the regular member of the governing body. 3. The members shall each have one vote in all matters brought before the Agency provided, however, that on any matter affecting any member CITY or COUNTY a no vote from the member of the affected CITY or COUNTY shall prohibit the Agency from taking the proposed action within the affected jurisdiction's boundaries. The no vote provided for in the precedent sentence may be cast by a member within thirty (30) days of notice of the proposed action. In the event a no vete is not cast in such period it shall be deemed waived. 4. A majority of the members of the governing body constitute a quorum for the transaction of business, leo act of the governing body shall be valid or binding unless a majority of all the members concur therein. 5. The Agency shall not have any powers over any uses, zoning or subdivisions on any area within the boundaries of its member jurisdictions. 6. The governing body shall maintain and implement those provisions of the Special Area Plan (which consists of a diagram or diagrams and text containing a description of the needs and goals of the region and statement of policies and goals for the Richardson Bay area) relative to: a. Mooring, dredging and navigational channel implementation including but not limited to the establishment and enforcement of permitted anchorage zones, navigational channels and fairways plans and similar activities. b. Public services and facilities which by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the Special Area Plan. Such facilities and services may include, but are not limited to, water based police and fire protection, sewage pump-out facilities for vessels, enforcement of a vessel sewage no discharge area when given authority by the Environmental Protection Agency, and public docks or moorings. 7. On or before May 1 of each calendar year the Agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of that year provided, however, that the opportunity to exercise a "no" vote contained in Section 3 hereof shall be given each member prior to May 1. The parties shall contribute to the Agency among the parties hereto as follows: Agency Percenta,g �ihgrQ County 4Z5% Sausalito 35% Tiburon 10% Mill Valley 5°icy Belvedere 7.5% Increases in agency revenue in keeping with the cost distribution formula may be changed by a resolution of the governing board of all rriernber jurisdictions. (Per, amendment adopted 1997 by all parties.) 8. Clean-up of pre-existing conditions in the Bay shall be the responsibility of the individual jurisdictions. This includes costs of legal action. taken by the individual members. Coordination of this clean-up activity is essential to the success of this Agreement. 9. Following establishment and funding of the Agency, Agency shall have power to enforce such regulations to accomplish the provisions of paragraph 8 of this Agreement as it may adopt from time to time. Costs of such enforcement shall be borne by the Agency including necessary legal costs. The RBRA Harbor Administer is designated to enforce agency ordinances and regulations including the issuance of citations for infractions in violation of RBRA Ordinances which include but are not limited to the violations listed in "Exhibit C", attached hereto and by this reference incorporated herein. (Amendment adopted 1999 by all parties)_ W The Agency shall have the power to issue citations and perform ether enforcement actions in the name of the Agency. 11. The Ardency shall fix and collect reasonable fees for services rendered by it from persons ether than its member jurisdictions. 12. The Agency shall be strictly accountable to any party for all funds paid by them to the Agency and shall be strictly accountable to all participating bodies for all receipts and disbursements_ 13. The Agency is authorized to receive gifts, donations, subventions, grants or other financial aids or funds. 14. The Agency may not obligate itself beyond the monies due under this Agreement for its support from the several parties for the current fiscal year, plus any monies on hand or irrevocably pledged to its support from other sources. No obligation contracted by the Agency shall bind CITIES or COUNTY. 15. Agency shall have the power to deliver or contract with any member hereof, or any governmental eritity located within the area depicted in Exhibit"A° for the provision of police protection services. 17. This Agreement shall become effective when representatives of all of the parties have executed it and shall continue in full farce and effect until terminated by an agreement executed by all parties. This Agreement supersedes the Richardson Bay Joint Exercise of Powers Agreement dated July 16, 1965, under which the member agencies have been acting until the execution of this Agreement. The rzember agencies hereby ratify the prior acts of the Richardson Bay Regional Agency. 18. Agency is hereby authorized in its own name to do all acts necessary for the exercise of the powers described in Paragraphs 6, 15 and 16, including but not limited to any of the following: to make and enter into contracts; to apply for and accept grants, advances and contributions; to employ agents and employees; to sue and be sued in its own name; to incur debts, liabilities or obligations; to issue bonds, execute warrants and other evidence of indebtedness: to finance costs and expenses incidental to the projects of Agency; and, to exercise jointly the common powers of the parties set forth above. Agency shall have the power of eminent domain but not the power to levy ad valorem property taxes. 19. Agency shall appoint a Treasurer from among the senior management staff of any of the member parties provided that the member agency is amenable to the same. The Treasurer shall be either the Auditor/Controller or Treasurer of the COUNTY or the Treasurer or Finance Director of one of the CITIES. The Treasurer shall serve as the depository and have custody of such books, records, funds, and accounts as may be required by reasonable accounting practice, Government Code Section 6505, or by another governmental agency. (Amendment to original JPA, approved by all parties in 1992.) 20. Regular meetings of the governing board of the Agency shall be held at such times and places as shall be established by it by resolution. All such meetings, including regular, adjourned or special meetings, shall be called, noticed and held and conducted in accordance with the provisions of the Ralph M. Brown Act, Sections 54950 through 54960 of the Government Code of the State of California. 21. Agency shall have the power and authority to issue and sell revenue bonds in accordance with Article 2, Chapter 5, Division 7, Title 1, and Chapter 6, 6 Division 2, Title V of the Government Code, and such other relevant provisions of law as may now or hereafter be applicable. 22. For purposes of referendum and any necessary votes on taxes on Agency- wide basis, the boundaries of Agency shall be as depicted on Exhibit "A" and as described in Exhibit "B°, attached hereto and by this reference incorporated herein. Under applicable law, Agency may form improvement districts. Bond elections shall be conducted pursuant to the Uniform District Election Law and applicable provisions of the California Elections Code. 23. Agency shall have and exercise all powers conferred on local agencies by the provisions of law with respect to revenue bonds. Revenues required to provide monies for bond interest and redemption of other bond funds in connection with revenue bonds issued by Agency shall be derived from user fees and service charges, which charges shall be determined by the governing board of the Agency. 24. COUNTY or a CITY may withdraw from Agency, which withdrawal shall have the effect of requiring either a renegotiation of this Agreement or dissolution of the Agency. Any member wishing to withdraw may do so only on July 1 of any such year, and shall provide the Agency with at least 180 days' notice in writing of its intent to withdraw. Upon dissolution of Agency funds and property shall be distributed as follows: a. discharge of any liability shown on the books of the Agency; b, any remaining assets to be divided according to the amount of contribution by COUNTY and CITIES. The distribution of assets may be made in kind or assets may be sold and proceeds thereof distributed to COUNTY or CITIES, provided, however, that all facilities and rights assigned or transferred by COUNTY or CITIES to Agency shall be reconveyed to said COUNTY or CITY free and clear of all encumbrances and liens of any kind not in existence at the time of conveyance to Agency. Upon dissolution of Agency the responsibility of COUNTY or CITIES to contribute to the discharge of enforceable liabilities incurred by Agency shall be limited to the portion that the contribution made by the COUNTY or CITIES bears to the total contributions made to agency from the effective date of this Agreement to the date of dissolution. 25- In the event that liability is imposed upon the Agency by a court of competent jurisdiction by reason of the negligent or willful act or omission of it, its officers or employees, in the performance of this Agreement the money judgement shall be paid in the ratio set forth in Section 7 hereof. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first above written. List of Exhibits: Exhibit A- "Key to Plan Maps" Exhibit B - Legal Description of Richardson Lay Boundaries Exhibit C- "RBRA Bail Schedule" coUC 1Af;IN DATE: T _ 3 2000 BY _.-___----_-..__�.. Steve Kinsey l President, Board of Supervisors CITY OF SAUSALITO DATE: E3Y _ 8 CITY OF BELVEDERE EKY ........_. TOWN OF TIBURON DATE B C ITY 0 F M I L L nVL-IL EY 9_t :rs�<�g �1:Exi3t f 1,E.AYJ03PJ r, E„XIIIBIT A ,v ur 1�JG HABDSLN+J \ _,r s BAY Key to Beare Maps 1 -5 Me boundaries of the 3t.iV;.2.rdscni _Bay Special Area Plan r.'a3:e beginning at the point: of intersection of the Mar.i.X2/ a:'3 F'X--a 1.::,,„"- sco County line sand the t „ al�_tc:P �deur�� .na_ 'I Caval l<J �'c>�.7Y$ � �.}lenc:€ e':Sle7ng a line cL3.lfa&?ct::i."a1C'j `-".,mid pointwith the end Of %;Y;.;".'„t 1.10,1(3., then {along the shor€, aside of toast Roar,, to it.:,, junction with Alexander. thence along the shore .>1t'e of Alexander to }»tjs intersection with 2n--< Street, along the shore side of 2nd St. , , to its into sect%cnn with Bridgeway, thence alone- the hare. gide of Brf_dgeaway to its intersection w taa "US .101 , thence alona .. t. e .. e.. ., : €zi..'..::,a_.,.x C:;C>i.:)ri x3;t,£,.`4,� ..s:.-c'ft.;€_. .Route-1, �3lC'j%i43 the shore:ide of State Route I ( l.n.onte Blvd, to Miller Ave. , s the shore sire of ?hiller Ave. . to its intersection w?itl, Cavin?,) Alto, thence along the shore side of Camino Alto to its inter- section with East Irl a thele-le, thenc along its shox:eside- to its. intersection with Roque Mo aces Dr. , along its shore side:: TIa[t1ilton z.31"_"ive, thence along its shore side to its terminus,, nee along a line 100 feet _inland from the shoreline -of =.ctrardsc>ra Bay near the Goodman Marsh, thence a:t.ocs the. wester.�.y de c)f U.S.. 101 to S(--.:unary Drive, thence crossing, U.S. 101, .ad followiio The s?-"re side of Seminary Drive to Great. Circle Dri.Vk:xi, tt34='1I4".e along t:hE3 shore side of tsrC?at: Circle t)Y"1.VE' to Strawberry Drive, thence ali£..id.Eg atr wbeJ rfi.y Drive to its inter— section nter...>ection wit.h.. `t'.binrorr Blvd; thence along Tiburon Blvd. to San Rafael Ave , th pace a1_trrag San Rafael Ave. to West Shore Road, thence along Belvedere Ave. to its intersection wit.h. Beach Road, ad, thencc along t_ng ;:;hn shore side of Beach Road 'to itsintc;,rsection with Bellevue Ave, thencealongthe shore side of r3c1,l,evaAe Ave, to its with Bain Street, thence moor Ma:Ln a str4:.€^t= to1t, �, i XatE:S" ;�°'.�tv�.C3T1 Wit-,h c'3�`%�C2�.sac Tiburon; c:i"1C'ai�"'f? ci.CL'7i"itt the shor:£eas�.�" e 6. i, Pac_"cti ise Drive to Point .LtSt.11"on; and 3.Y1{,tdk-l..ng a13 water areas encompassed thorein, and thence along t}''xC ".i'i):.:Sa..'iro'4 Town limit line Lo :he t`'taC1.Tlf San 10- aX1C3.::co County .t_ 2.%t£,', r_"lnd )w,,i('}, to the c� Bim, CHE.I3u—E vcs!el?bgG0€7A"Alirias *acbcx n�i r r�dpi :xtcd z c S2Q+P z� orinforaoretrrr`? 3�us�fu�ov"grit I 3.0lt1i9{ } S50+PC I tai.nrs a este m �-i'.hhcul a c=it 3 3.Q4.410ic t11 S50 PC InStDings dMtc r= r MUOUt 2 PC=�t I' md,0m-c ,S50+PC usin aa aver sr s bs;thonto °s ani irars E 3.t�4.ai0tc 550-':-PC FE-Tum to obtain a^ a '.for rnnsferofmcor I 3,Ofi.0i€Q{v S$ 50+PC Lry' . abva a hccas aat oc s�l I MOM +FIC � a l I 3.04.040 S50+PC '��tsel Spe�d Safe# the 5 NTPH sp=d UrnI W=of Richardson I3k B6i 4.04.0 i 0(a) S50 _2222!j2Lz,m=1 it a rccEcss n fi . `or =-,ms r;srawr I 4.04.0€O(a) SI GO =frngthe 5Nil°ii Ii'mit-,%itym2Mcfa,wimrzrct btrater sailboudorrowboat I 4.04.01% 1 S103 's the 5 MPH sp=d li=A wi6in 2(0'ofa be-ach or HcHric I 4.f7d.0I0�n) 'a Sl0�3 x dra the 5 P fPH spccd Tiny t Kabir€2Qt3'ai a S s it�r fl� dv6n atf'arn or lifcisc i 4.t}4.£Y 1 C�v� ��`b) S i CO Exc.:,.&g the 5 hf`'r II sp�Iimk v i6lu 200'ofa dock,way,ort-sd sS float.to,yb.icl ,vcsscls�v I r..adc fast or sjstd for=ibiti rr orr dischngmg p=crEcrs 4.04-010 A i o . SIN a=ding the S IfPH ILra 200'ofAnv bo=: —4.04.010(b)(3) SIGO Op=t oral�°xtcrmaft bcme=the hours of s sct rnd 10 jT — I 4,04.010(c) Sys RidrArdson BE°Ti�ldlif Sanctuwy bct �October 1 ;Nfarch 31 I 4.04.P.10Q S50 � b 5 ' irtt � v ��rcatic arclUe „ . _ S50 ' Er-,imm;rental Prrfecieon D, cl—'a fr0;sc _ I 5.04OtO Sico+PC Nuisince CodyImint-nd �tcra CEa public nulszna{list ofnuis ,cc ro ndrtic�is a'tauhai-?.iii is f,t;ch day the �iolat n=tin=to cxist$ I 6.04,030 SIN r PC I ortaano its tuffs ass sam ous biovar aril or M 4.05.010, ` . SSO3 1 Ie7 actica i�f l�f[sdesr. sc; PC=t r fo Cos.coos :iso#u°ldc a 95-6, 6/2)1195 RICHARDSON'S BAY REGIONAL AGENCY February 6, 2019 Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Greg, The Richardson's Bay Regional Agency(RBRA) is pleased to announce that, with $100,000 in funding fiom the County of Marin, it has entered into a contract with Merkel & Associates, Inc. to conduct a marine ecology-based mooring feasibility and planning study for Richardson's Bay. Merkel will analyze data and information to advise on potential mooring location(s), equipment, capacity, and transiting to the shore from vessels. The recommendations that emerge from the study "gill inform future Board decisions on whether to pursue moorings as a means of improving the health, safety, and management—and related enforcement efforts—on the bay. Merkel is willing and able to conduct the study with existing data sets, but notes the additional value of conducting 2019 bathymetric and eelgrass surveys. The bathymetric survey in particular would provide very current data on bay depths, while the eelgrass survey would provide data to a finer point of specificity and accuracy. In its proposal, Merkel indicated these surveys as an optional service at a cost of$40,000. At its meeting of January 10, 2019,the RBRA Board asked that agencies and organizations be contacted about providing funding for the surveys, as it would be ideal to have this information for the mooring study. In addition,this information could be useful to others for purposes beyond moorings. RBRA has been seeking funding from a variety of sources, but with issues including the short time frame, grant resources for this type of work have not surfaced. One of the agencies staff contacted was the City of Sausalito; its City Council was supportive of contributing if funding commitments were also made by RBRA cities. In the spirit of leveraging those potential funds and obtaining current and valuable information about marine ecology conditions in the bay, I am making this request that the Town of Tiburon participate in funding the surveys. Sincerely, Beth Pollard RBRA Executive Director c �, AI1ii : Comm Community- Development Agcncv. 35101 (Ciaic Centel 1)r_ -',05 - San Ralael. < A 9-1903 CCII l0 S 12-62'81 - t.-aX -41 1 o bcthap���1�;r<l it�niail.com EXHIBIT 3 Town Council Meeting TOWN OF TIBURON February 20, 2019 1505 Tiburon Boulevard Agenda Item: Al 4 Tiburon, CA 94920 STAFF PO . To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Proclamation of Local Emergency Related to February 12-14, 2019 Storm Reviewed By: k-, / Greg Chanis,Town Manager Benjamin Stock,Town Attorney SUMMARY Council is being asked to approve a Resolution declaring a local emergency related to the damage caused by the storm of February 12-14 2019. RECOMMENDED ACTIONS) 1. Approve a Resolution declaring a localemergency related to damage caused by a storm which occurred between February 12,2019 and February 14,2019. BACKGROUND A storm syste►n beginning on February 12, 2019, arrived on the Tiburon Peninsula, resulting in rainfall totally over 7 inches in a short time period. Several landslides occurred during this timeframe. The Council is being asked to issue a Resolution proclaiming a local emergency based on darnage caused by these slides. The first slide occurred near 1435 Vistazo West, causing extensive damage to the road, and forcing a road closure which limited access for eight single family homes beyond the location of the slide to pedestrian only for a period of time. In addition. over 150 additional homes along Vistazo West lost gas and power for an extended period of time. Although utilities and limited vehicular access (alternating one way) has been temporarily restored. Reconstruction of the road and associated utility infrastructure will take many months to complete, at a cost that is difficult to estimate at this point. The second slide occurred near 2032 Paradise Drive. This slide resulted in debris covering both lanes oftraffic on Paradise Drive. Town crews were able to clean up the debris, but one lane of traffic will remain closed until ownership of the slide area can be determined, and the area can be assessed and stabilized. ANALYSIS TOWN OF TIBURON PAGE l OF 2 l'oNN11 Council llr�ctin� I e';-ri a1.\ '0. 2019 Approval of the Resolution would allow Town to seek reimbursement from the State and/or Federal sources for costs associated with local damage, if they become available. Under the California Emergency Services Act(California Government Code Sections 8550, et seq.), the California Disaster Assistance Act (California Government Code Sections 8680, et seq.) and the Tiburon Municipal Code section 21-5, the resolution proclaiming a local emergency may be made by the Council, and should be made within 10 days of the local emergency in order to potentially reimburse the Town for costs associated with the local emergency. State law also requires that the Council review the need for continuing the local emergency at least once every 60 days. We anticipate that the first review will occur at the regularly scheduled Council meeting on March 6th. FINANCIAL IMPACT There is no direct financial impact to the Town through approval of this Resolution. It is not known at this time what the final cost of repairing the damage caused by the storm will be, nor is it known whether funding will be available from State and/or Federal sources as a result of this storm. However, adoption of this Resolution will preserve the Town's ability to seek reimbursement if funding becomes available ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Approve a Resolution declaring a local emergency related to damage caused by a storm which occurred between February 12, 2019 and February 14, 2019. Exhibit(s): DRAFT Resolution Prepared By: Greg Chanis,Town Manager TOWN oF'T1BURON PAGE 2 OF 2 DRAFT RESOLUTION NO. xx-2019 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROCLAIMING ALOCAL EMERGENCY RELATED TO RECENT STORMS BEGINNING ON FEBRUARY 12,2019 WHEREAS, the California Emergency Services Act, Chapter 7, of the California Government Code, commencing with § 8550 confers upon the governing bodies of the political subdivisions of this state emergency powers necessary to protect health and safety and preserve lives and property; and WHEREAS, § 8630 of the California Government Code, states that "a local emergency may be proclaimed only by the governing body of a county, city and county, or city or by an official so designated by ordinance adopted by such governing body;"and WHEREAS, Section 21-5 of the Tiburon Municipal Code (TMC) appoints the Town Manager as the Director of Emergency Services and TMC Section 21.6(a)(1) empowers the Director of Emergency Services to request that the Town Council proclaim the existence of a local emergency; and WHEREAS, the Town Council does hereby find: That conditions of extreme peril to the safety of persons and property have arisen within this Town, caused by a series of severe storm systems with significant wind-driven rainfall. resulting in localized flooding, landslide and road closure, commencing on or about February 13, 2019; and, That these conditions resulted in landslides on Vistazo West and Paradise Drive damaging those public streets and depositing debris causing the closure of local roadways and damaging public infrastructure and facilities; and That these conditions are likely to be beyond the control of the services, personnel, equipment,and facilities of the Town; and That the aforesaid conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency; NOW, THEREFORE, IT IS HEREBY RESOLVED that a local emergency now exists throughout this Town, and the Town Council shall review this confirmation and continuance of the proclamation of local emergency at least every 30 days until terminated, to determine the need for continuing the local emergency and this Council shall proclaim termination of the local emergency at the earliest possible date that conditions warrant; and IT IS FURTHER RESOLVED that during the existence of said local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the Town shall be those prescribed by state law, and by ordinance and resolutions of Page 1 of 2 Town COuncll Resolution No. XX-2019 DRAFT 02/20/19 EXHIBIT 1 this Town approved by the Town COL11161, and by the Town of TiburonlCity of Belvedere Emergency Operations Plan, as approved by the Town Council. IT IS FURTHER ORDERED that a copy of this proclamation be forwarded to the Director of the Governor's Office of Emergency Services. PASSED AND ADOPTED at a regular meeting of the Town Council on February 20, 2019, by the following vote: AYES: COUNCILMEMBF_,RS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: DAVID KULIK, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Page 2 of 2 Town Council Resolution No. XX-2019 DRAFT 02/20/19 s�- TOWN OF TIBURON Tov7n Council Meeting Feb20,2019 t ruar 1505 Tiburon Boulevard 5 Tiburon,CA 94920 Agenda Item: PH -1 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Alta Robles (Rabin/SODA) Residential Project (PD#20): Request for an Extension of Time on an Approved Vesting Tentative Subdivision Map for the Creation of Fourteen (14) Single Family Residential lots on 52 acres in the vicinity of 3825 Paradise Drive; SODA, LLC, Owner; IPA, Inc., Applicant; Assessor's Parcel Nos. 039-301-01 and 039-021-13 Al Reviewed By: b e �Y C Greg Chanis,Town Manager Benjamin Stock,Town Attorney SUMMARY Re4uest for an Extension of Time on an Approved Vesting Tentative Subdivision Map for Alta Robles' Residential Project(PD#20). RECOMMENDED ACTIONS) Staff recotnmends that the Town Council, following a public hearing, adopts the resolution granting the 3-year time extension. BACKGROUND The Town is in receipt of an application for a 3-year time extension for an approved vesting tentative map. The 52-acre Alta Robles (a.k.a. Rabin/SODA) property is located at 3825 Paradise Drive, extending frons Hacienda Drive on the south, up to the Tiburon Ridgeline, then downward to Paradise Drive on the north. The project is commonly known as the Alta Robles project. In 2012, the Town Council approved the Alta Robles precise development plan. On March 16, 2016, the Town Council approved the vesting tentative map, which is set to expire on March 16, 2019. ANALYSIS Please refer to the Planning Commission staff report and its attachments (Exhibit A) for background information and analysis. The Planning Commission held a public hearing on January 23, 2019 and recommended approval of the time extension to the Town Council through adoption of Resolution No. 2019-01 (Exhibit TOWN OF TIBURON PAGE 1 OF 2 i OAA !Cci l;l B). The vesting tentative map drawings (9 sheets) are attached as Exhibit D. No changes to the project are proposed. PUBLIC COMMENTS As of the preparation of this report, one letter has been received regarding this application. Notification of the application was mailed out to all property owners within 300 feet of the property. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. ENVIRONMENTAL STATUS An environmental impact report was certified in 2011 by the Town Council for this project. No changes to the project are proposed and no new information has been presented that would require additional environmental review. All adopted mitigation measures continue to apply. RECOMMENDATION Staff recommends that the Town Council, following a public hearing, adopts the resolution (Exhibit C) granting the 3-year time extension, with the new expiration date being March 16, 2022. EXHIBITS A. Planning Commission Staff Report dated January 23, 2019, with exhibits. B. Planning Commission Resolution No. 2019-01 recommending approval of the extension. C. Draft Resolution granting a 3-year time extension for the vesting tentative map. D. Letter dated February 15, 2019 fi•om David Posner E. Alta Robles Vesting Tentative Map drawings (9 sheets). Prepared by: Kyra O'Malley, Associate Planner TOWN OF TIBURON PAGE 2 OF 2 TOWN OF TIBURON Planning Commission Meeting 1505 Tiburon Boulevard January 23, 2019 �1 Tiburon,CA 94920 Agenda Item: PH-I STAFF PO . To: Members of the Planning Commission From: Community Development Department Subject: Alta Robles (Rabin/SODA) Residential Project (PD#20): Request for Extension of Time on an Approved Vesting Tentative Subdivision Map for the Creation of Fourteen (14) Single Family Residential lots on 52 acres of land in the vicinity of 3825 Paradise Drive STAFF RECOMMENDATION Following a public hearing, adopt the resolution (Exhibit 1) recommending that the Town Council approve a 3-year time extension for the Alta Robles Vesting Tentative Map. PROJECT DATA Address: Vicinity of 3825 Paradise Drive Assessor's Parcel Number: 039-021-13 and 039-301-01 File Number: TM2015-001 Project Name: Alta Robles (Rabin/SODA) Residential Development General Plan: PD-R (Planned Development-Residential)—Up to 0.4 du/acre Zoning: RPD (Residential Planned Development; Alta Robles Precise Development Plan (PD#20) Property Size: Approximately 52 acres Current Use: One single family dwelling Owners: Varda Rabin and SODA LLC Applicant: Scott Hochstrasser, IPA Inc. Flood Zone: X (outside 500-year storm event flood area) BACKGROUND On March 16, 2016, the Town Council approved a vesting tentative subdivision map (VTM) for the Alta Robles Residential project, which depicts 14 single family detached residential lots on 52 acres of land upslope from Paradise Drive in the vicinity of the Seafirth Estates subdivision. Please see the vicinity map attached as Exhibit 2. The Planning Commission had earlier recommended approval of the VTM to the Town Council. The precise development plan for the project was approved by the Town Council in 2012. The precise development plan specified the project density, size, design, location, and height of homes; it also resolved the substantive zoning and general plan-related issues associated with EXHIBIT A III tiI I)i1) C:Inur)issir11) MccriI)o lanuar� �3,_'_i?19 development of the property. The project review process was lengthy and detailed, involving several years of Town review and a frill environmental impact report. The Town Council's 2016 vesting tentative map approval is valid for three years, and is set to expire on March 16, 2019. The applicant submitted the time extension request in December 2018 (see Exhibit 3). An application for final map was filed with the Town in February 2018 and processing of that application is actively ongoing, but will not be completed prior to the expiration date for the tentative map. ANALYSIS The request before the Planning Commission is for its recommendation to the Town Council regarding the proposed 3-year time extension of the approved vesting.tentative map. The State Subdivision Map Act Section 66452.6 contains no specific criteria for assessing time extension requests for tentative maps, but allows extensions of up to 3 years at a time. Section 14-2.209 (4) of the Tiburon Municipal Code likewise allows individual extensions of up to 3 years each (but with a combined total not to exceed 6 years), and sets forth criteria for review of time extensions. This is the first time extension requested for this vesting tentative map. These criteria and staff commentary on each are as follows: a. That the subdivider has clearly documented that it has made a good.faith effort to complete the subdivision process. Staff comment: As noted above, the applicant submitted the final map application in 2018 and continues to diligently process the application. Staff notes that this is a large and complex project by Tiburon standards, and the processing of a final map application (and the associated subdivision improvement drawings) can take approximately two years. On October 2018, the applicant submitted a project for Site Plan and Architectural Review application that includes landscaping, lighting, retaining walls, and a bridge as required by Condition 25 in the vesting tentative map conditions of approval that subdivision improvements be reviewed and approved by the Design Review Board. Thereafter, the latest materials for the final map were submitted to the Town in November 2018 and are currently under review. b. That it is in the best interest of the Town of Tiburon to extend the tentative map. Staff comment: Lacking any substantive reason for not extending the vesting tentative map approval, staff believes it would be in the best interest of the Town to grant the time extension. The precise development plan and vesting tentative map were both unanimously approved by the Planning Commission and Town Council, with praise for the lot layout and the design of the homes in the subdivision as part of the precise development plan approval. The Town Council minutes, staff report, and resolution from the initial vesting tentative map approval are attached as Exhibits 4, 5 and 6. A copy of the approved vesting tentative map drawings are attached as Exhibit 7. 111Q1-Illlllo CoIIIIIl1.Sti Urn�l c'Clllly )auuar� ',,31719 C. That there are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken, and no new information of substantial importance that would require any further environmental review pursuant to the California Environmental Quality Act. Staff comment: No amendments to the vesting tentative map are being sought or are contemplated prior to recordation of the final map. Staff is not aware of substantial changes to the circumstances under which the project is being undertaken, and no new information has been presented that would require additional environmental review. Generally speaking, time extensions for tentative maps are routine and are virtually automatic in Tiburon, barring a dramatic change in circumstances since the original map approval. Examples of such change could be that the project is no longer consistent with the community's general plan, or that circumstances in the project area have changed so dramatically that the project could no longer be reviewed in the same context. Neither of these situations exists in this case. The Tiburon General Plan is virtually unchanged since the 2012 precise development plan approval and the project vicinity has changed little in the three years since initial approval of the vesting tentative map in 2016. PUBLIC COMMENTS As of the preparation of this report, no correspondence has been received regarding this application. Notification of the application was mailed out to all property owners within 300 feet of the property. ENVIRONMENTAL STATUS An environmental impact report was certified in 2011 by the Town Council for this project. No changes to the project are proposed and no new information has been presented that would require additional environmental review. All adopted mitigation measures continue to apply. EXHIBITS 1. Draft Resolution granting a 3-year time extension for the vesting tentative map. 2. Vicinity Map. 3. Application form and cover memo dated December 5, 2018. 4. Minutes of the Town Council meeting of March 16, 2016. 5. Town Council Staff Report dated March 16, 2016 (without exhibits). 6. Town Council Resolution 11-2016. 7. Previously-approved vesting tentative map drawings (9 sheets). Prepared by: Kyra O'Malley,Associate Planner RESOLUTION NO. 2019-DRAFT A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING APPROVAL OF A TIME EXTENSION FOR THE ALTA ROBLES VESTING TENTATIVE SUBDIVISION MAP (PD#20) ASSESSOR PARCEL NOS. 039-021-13 AND 039-301-01 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. On March 16, 2016 the Tiburon Town Council adopted Resolution 11-2016 approving a vesting tentative subdivision map application TM2015-001 to subdivide 52 acres of land into 14 single family residential lots in the vicinity of 3825 Paradise Drive. The approval is valid for three years and is set to expire on March 16, 2019 unless extended. B. On December 5, 2018, the Planning Division received an application for a 3-year time extension of the vesting tentative map approval. Pursuant to Chapter 14 of the Tiburon Municipal Code, the time extension is subject to public hearings before the Planning Commission and Town Council. C. The Planning Commission, based on the staff report dated January 23, 2019, finds that the time extension request does not require additional review under the California Enviroiunental Quality Act. D. The Planning Commission held a duly-noticed public hearing on January 23,2019,and heard and considered any comments from interested persons. E. The Planning Commission finds, based on the staff report dated January 23, 2019,that the time extension request is consistent with state law and local regulations regarding time extensions for subdivision maps specifically Tiburon Municipal Code Section 14-2.209(3), which states the following criteria: 1)that the subdivider has clearly documented that it has made a good faith effort to complete the subdivision process. The applicant submitted the final map application in 2018 and continues to diligently process the application;2)that it is in the best interest of the Town of Tiburon to extend the tentative map as the precise development plan and vesting tentative map were both unanimously approved by the Planning Commission and Town Council with praise for the lot layout and the design of the homes in the subdivision; and 3) that there are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken,and no new information of substantial importance that would require any further environmental review pursuant to the California Environmental Quality Act. No amendments to the vesting TIBURON PLANNING COMM1SSION RESOLUTION NO. 2019-DRAFT 01/23/2019 1 1,,Ni-iil's1T � P. of tentative map or are contemplated prior to recordation of the final map and no new information has been presented that would require additional environmental review. Section 2. Recommendation for Approval. NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the Town of Tiburon does hereby recommend to the Tiburon Town Council granting of a 3-year time extension for the Alta Robles Vesting Tentative Map, with the new expiration date being March 16, 2022. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of"Tiburon on January 23, 2019, by the following vote: AYES: COMMISSIONERS: NAYS: COMMISSIONERS: ABSENT: COMMISSIONERS: ERICA WILLIAMS, CHAIR TIBURON PLANNING COMMISSION ATTEST: SUNG H. KWON, SECRETARY TIBURON PLANNING COMMISSION RESOLUTION NO.2019-DRAFT 01!23/2019 2 p.--- f,� Marin map ALTA ROBLES VICINITY MAP 311 R.af-ae1 Legend r� f Con mi ium Common �r do n C ea( Mobile Home Pad L..: r t Community Marin County Legal Boundary ri r _;Il t.ti> c Other Bay r e a Counzy Ocean and Ba Ad dress Parcel Secured _ �yq Stream-Perennial(NHD) Area(NHD) � •; � � �anal;.itch PROJECT SITE -•_ , ': L '�. S';: � �- "..-' Spillway streamRiver F �\ o • rte+wv�rtmo r 1: 4,800 Motes 800.0 0 400.00 800.0 Feet This map is a user generated static output from an Internet mapping site and is for reference only.Data layers that appear on this map may or may not be j NAC_1983_HARN_StatePlane_California_(Il_FIPS_0403_Feet accurate,current,or otherwise reliable. f ©Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION DEC 0 5 2018 ll - TOWN OF TIBURON PLANNING DIVISION LAND DEVELOPMENT APPLICATION TYPE OF APPLICATION o Conditional Use Permit o Design Review(DRB) o Tentative Subdivision Map o Precise Development Plan o Design Review(Staff Level) jr Final Subdivision Map o Accessory Dwelling Unit o Variance(s) # o Parcel Map 7'--Alt a 8 o Zoning Text Amendment o Floor Area Exception o Lot Line Adjustment o Rezoning or Prezoning o Tidelands Permit o Condominium Use Permit o General Plan Amendment o Sign Permit o Junior Accessory Dwelling o Temporary Use Permit o Tree Permit o Other APPLICANT REQUIRED INFORMATION SITE ADDRESS: 3S2 9 'CSL, . PROPERTY SIZE: ePD PARCEL NUMBER: .o3Q-oz t- 13 03 7 - 30 t d t ZONING: PROPERTY OWNER: GLS MAILING ADDRESS: ze PHONE/FAX NUMBER: 4,1-- 4ci -a t.z ti t E-MAIL: 5-c.14� , n �.sa/_ e&w APPLICANT (Other than Property Owner): lyv(r. MAILING ADDRESS: [ [ ,mss xc� en PHONE/FAX NUMBER: 415- 4 5-5- c,zz Y E-MAIL: ARCHITECT/DESIGNER/ENGINEER C's c.. )1.5 MAILING ADDRESS: S Z. dA `1!y PHONE/FAX NUMBER: c S S6 E-MAIL: Please indicate with an asterisk (*)persons to whom Town correspondence should be sent. BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed): I, the undersigned owner (or authorized agent) of the property herein described, hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge, with the defense counsel subject to the Town's approval. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorney's fees that might result from the third party challenge. Signature(required):* / ���/ _ Dater I understand that the property involving this permit request may be subject to deed restrictions called Covenants, Conditions and Restrictions (CC&Rs), or similar instruments that may restrict the property's use and development. These deed restrictions are private agreements and are NOT enforced by the Town of Tiburon. Consequently, development standards specified in such restrictions are NOT considered by the Town when granting permits. I am hereby advised to determine if the property is subject to deed restrictions and, if so, contact the appropriate homeowners association or affected parties about the proposed project prior to proceeding with the application_ Following this procedure will minimize the potential for disagreement among parties and possible litigation. Signature(required):* /<—__ Date: 1 4z *If other than owner, you must submit an authorization letter from the owner or show evidence of de facto control of the property or premises for purposes offiling this application. NOTICE TO APPLICANTS Pursuant to California Government Code Section 65945,applicants may request to receive notice from the Town of Tiburon of any general (non-parcel-specific),proposals to adopt or amend the General Plan,Zoning Ordinance, Specific Plans,or an ordinance affecting building or grading permits. If you wish to receive such notice, then you may make a written request to the Director of Community Development to be included on a mailing list for such purposes, and must specify which types of proposals you wish to receive notice upon. The written request must also specify the length of time you wish to receive such notices (s), and you must provide to the Town a supply of stamped,self-addressed envelopes to facilitate notification. Applicants shall be responsible for maintaining the supply of such envelopes to the Town for the duration of the time period requested for receiving such notices. The notice will also provide the status of the proposal and the date of any public hearings thereon which have been set. The Town will determine whether a proposal is reasonably related to your pending application, and send the notice on that basis. Such notice shall be updated at least every six weeks unless there is no change to the contents of the notice that would reasonably affect your application. Requests should be mailed to: D �a C FE d W CE l� Town of Tiburon Community Development Department j Planning Division DEC 0 5 2018 1505 Tiburon Boulevard Tiburon,CA 94920 PLANNING DIVISION (415)435-7390(Tel) (415)435-2438(Fax) www.townoftiburon.org DO NOT WRITE BELOW THIS LINE DEPARTMENTAL PROCESSING INFORMATION Application No.: GP Designation: Fee Deposit: Date Received: Received By: Receipt#: Date Deemed'Complete: By: Acting Body: Action: Date: Conditions of Approval or Comments: Resolution or Ordinance# M F:t r `L ml c 1, --- Scott L. Hochstrasser I PA, .1 11 c. E-Mail _ - _ k 141 13olinas Road*Fairfax;CA 94930 USA Tcic(415)459-6224*Mobile(415)-572-2777 December 5, 2018 via email and U.S. Postal Service Scott Anderson, Director Community Development Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94921 RE: Request for Alta Robles Project— Vesting Tentative Map Thne Extension Dear Scott, As you know on February 12, 2012 the Tiburon Town Council adopted Resolution #09-2012 approving the Alta Robles Precise Development Plan & Mitigation Monitoring Program. Resolution - Page 11, condition of approval #34 "Expiration": notes that the PDP approval is valid for a period of 36 months following the effective date of the approval unless a time extension is granted or a tentative Wrap has been approved. In October 2014 a Development Plan Time extension was approved and on February 12, 2016 the Council approved a Vesting Tentative Map (VTM) (Resolution 2816). Resolution 2816 -- Condition of Approval 938 notes that the VTM approval shall be valid for a period of three 3) years unless a Final Map is approved and recorded. Section #4 "Effective Date" of the Vesting Tentative Map resolution pursuant to Town Code Section 16.52.060 is thirty (30) days after adoption. Accordinp,ly, technically the VTM will expire on March 12, 2019 The purpose of this letter is to request, on behalf of my clients, a three (3)year extension of'thne to complete the project Final Map and Subdivision Improvement Plan and secure Town Council approval of the Subdivision Improvement Agreement. DEC � 0 5 2018 1 P1 .NNING C1YLS10-N , Reasons for Extension Request The delay in final preparation and submission of the project Final Map and Subdivision Improvement Plans and Agreement has resulted for several reasons generally beyond the project sponsors control as follows: 1. The project subdivision improvements are extensive and required a substantial amount of time to coordinate the civil engineering plans with the geotechnical engineers and biological consulting team. The project mitigations require biological consultations and permit submissions and approvals by other agencies, for example CA Fish and Wildlife and Regional Water Quality Control Board (RWQCB). Design coordination with the Marin Municipal District, Sanitary District 5 and PGE requires that these agencies actually design their system extensions in coordination with the client's civil engineers. 2. Development Plan and VTM conditions of approval require that several elements of the subdivision improvements, the bridge for example, require Design Review prior to the approval of the subdivision improvement plan and Final Map. 3. The approvals also require substantial work to finalize the open space and trail dedications, construction budgets and subdivision agreement, and final OCR's all before the Final Map can be recorded. 4. In order to present a Subdivision Improvement Agreement for the Council to approve a full project budgeting and performance bonding must be completed by the project engineers. The Final Map, Subdivision Improvement Plans and Subdivision Improvement Agreement require Town Council approval. Final, CCR's require review and approval by the Town Attorney all prior to recordation of the Final Map and before construction can commence. Progress To-date To-date the applicant's project team has completed a "Mitigation Monitoring and Reporting Program for Biological Resources". Prepared permits necessary from CA Fish and Wildlife and RWQCB review and approval. Subdivision Improvement Plans have been filed with the Town reviewed and commented on by Public Works and the Town's third party consultant. The final subdivision improvement plan modifications are underway and the client team and the Town staff have been meeting to "complete" the applications. A Final Map has been prepared and submitted and is under review by the Town and a third party consultant. In October 2018 a Design Review application was submitted for the subdivision improvements and is currently tinder review by the Planning staff. 2 J✓ Three (3) Year Time Extension Requested The requested three (3) time extension should be more than sufficient time for the subdivision improvement plans, Final Map and required agreements to be finally prepared and submitted; completed for processing by the Town staff, and heard and acted upon by the required decision making bodies of the Town. Based on the current project teams estimates we expect to have a "complete" Design Review application ready for review in the New Year. We plan to have the Final Map and Subdivision Improvement plan package for Town Council review and approval before early fall 2019. The goal is to start subdivision improvements on-site in early spring 2020. Application, Fee and Plan Submission Along with this request for time extension letter find attached a signed application and the application fee check for $2,840.00, plus 15 sets (11"xl7") of the approved VTM. Finally, please let me know if you have questions or need additional information to process this application. As always, I look forward to working with you and your staff to move this project to the next step in the process and thank you advance for your continued assistance and cooperation. Si erely, Sco L. o hstrasser, President CC: Client's via Email Only 3 PRE 0o0 The Mayor read "AN ORDINANCE OF TI IF TOWN COUNCIL Of THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) REGARDING SETBACKS, YAIZDS, MARIJUANA SALIN, AND CULTIVATION, USE-FOR- USE CHANGES, FIIZEARMS-RELATED RI"GULATIONS, AND OTHER MISCELLANEOUS AMENDMENTS". MOTION: To pass first reading of this ordinance, waive second reading, and set the ordinance for adoption at the next regular meeting. MOVED: O'Donnell, seconded by Fraser VOTE: AYES: Doyle, Fraser, Fredericks, O'Donnell, Tollini --mss 4. Alta Robles Subdivision (PD#20) — Consider application for a Vesting Tentative Subdivision Map for 14 lots on a 52.2 acre parcel; 3825 Paradise Drive; SODA, LLC, Owner(Rabin Family); IPA, Inc., Applicant; Assessor's Parcel Nos. 039-301-01 and 039- 021-13 (Director of Community Development Anderson) Director of Community Development Anderson reviewed the staff report and noted the Town is in receipt of a Vesting Tentative Map application from SODA LLC, which would subdivide a 52.2 acre parcel into 14 lots. The project is commonly known as the Alta Robles project. In 2012, the Town Council approved the Alta Robles Precise Development Plan. On February 24, 2016 the Planning Commission adopted a Resolution recommending approval with conditions of the application to the Town Council. The Director noted four letters had been received to date, all from September 2015 when the application was first filed; the Planning Commission addressed the concerns raised by the letters at its meeting and found that conditions of approval adequately addressed those concerns. The Commission further determined that it was inappropriate to reconsider the project density established by the Precise Development Plan. The Final Environmental Impact Report was certified by the Town Council in 2011 for this project. No substantive changes to the project are proposed as part of the vesting tentative map and no additional environmental review is U arranted or required. All adopted mitigation measures would continue to apply. The Director stated the staff recommends the Town Council hold a public hearing and adopt the draft resolution approving the application. The Mayor opened the public hearing. Scot Hochstrasser, on behall'ofthe Rabin family, said the applicants concurred with the staff report and that he was available to respond to any questions. There being no public comment; the Mayor closed the public hearing. Town Council Minzaes i;'05-201 h Harch 16, 2016 Page 8 0 In response to Councihnember O'Donnell, Mr. IIochstrasser stated the applicants can receive a final map approval prior to building roads, installing utilities etc., by bonding for the fixture improvements. Ile stated that Rabin family is studying its timing options and have no definitive timeline yet for the start oil'construction. Ariel Rabin, representing the Rabin family, stated that this is a very complex.project, the family is not in the development field and they are learning as they go along, and they wish to do things correctly and well the first time. Councilmember O'Donnell and CounciImember Fredericks both recalled this project being through a thorough, lengthy and extensive planning process. MOTION: To adopt the Resolution of the "Town Council of the Town of Tiburon Approving a Vesting Tentative Subdivision Map for a 14-Lot Subdivision at 3825 Paradise Drive (PD 1120, Alta Robles Project) MOVED: Fredericks, seconded by O'Donnell VOTE: AYES:Unanimous TOWN COUNCIL IZl✓PORTS CounciImember Fredericks stated the Executive Committee met with TAM and discussed the crossing guard eligibility scale and said that two or three intersections in Tiburon have fallen below the funding line. She said there will be a proposal brought before TAM for volunteer- crossing guards. Councilmember O'Donnell stated Marin Clean Energy Agency is poised to get four members from Contra Costa County. Other Community Choice Aggregators are Sonoma and San Francisco: both have their own initiatives. Mayor Tollini stated RBRA changes are afoot; she said the City of Sausalito had announced they are going to enforce anchor- outs. Councilmember Doyle stated there arc no Community Development Block Grants available. TOWN MANAGER REPORT The Town manager stated lie had no reports. Regarding the Town Council/Staff Retreat scheduled for April 1, Councilmember O'Donnell asked that agenda items be sent to the Council prior to final agenda so they might prioritize items. The Town Manager noted prior re.trrats have been all day long affairs and a portion has been reviewing tasks in various departments. Given the fact the Council hasn't changed since the last Town Council Mimaes ri05-2016 Murch l6, 2016 Page S1 F__TU CGFV 1 own Council meelinci OWN OF TIBURON 1505 1I iburon Boulevard March 16, 2016 Agenda 1tPni: v r Tiburon, CA 94920 S 91 3 12 To: Mayor and Members of the Town Council From: Community Development Department Subject: Alta Robles Residential Project (PD 920): Vesting Tentative Subdivision Map Application (File #TM2015001) for the Creation of 14 lots on a 52.2 acre Parcel; 3825 Paradise Drive; SODA,LLC, Owner; IPA, Inc., App scant; Assessor's Parcel Nos. 039-301-01 and 039-021-13 Reviewed By: BACKGROUND The "Town is in receipt of a Vesting Tentative Map application from SODA LLC which would subdivide a 52.2 acre parcel into 14 lots. The property is located at 3825 Paradise Drive, extending from Hacienda Drive on the south, up to the Tiburon Ridgeline, then downward to Paradise Drive on the north. The project is commonly known as the Alta Robles project. In 2012, the Town Council approved the Alta Robles Precise Development Plan. On February 24,2016 the Planning Commission adopted Resolution No. 2016-02 (Exhibit 1) recommending approval with conditions of the Alta Robles Vesting Tentative Map application to the Town Council. HISTORY On February 15, 2012, the Town Council approved a precise development plan application (the Alta Robles Precise Development Plan; PD 1#20) for this property by adopting Resolution No. 09- 2012 (Exhibit 2). The precise development plan approved the project density and the location, maximuna height and Door areas of the 14 homes (one existing single-family dwelling and 13 new homes) that could be dei eloped on this property. It also addressed the design of the homes based on drawings by architect Ken Kao, analyzed environmental impacts of the project, and established a lengthy list of mitigation measures to be implemented as the project is constructed. The applicants are now applying for the vesting tentative subdivision map approval that would establish the proposed lot lines for the subdivision, consistent with those approved as part of the Alta Robles Precise Development Plan. The tentative subdivision map is the first of several "trailing" permits that follow the precise development plan approval. The main thrust of review at the tentative map stage is to better delineate the"when," "how," and "by whom" of actual project implementation. Conditions of approval typically focus on project dedications, implementation of mitigation measures and precise development plan conditions of approval requirements for preparation of subdivision improvement drawings, requirements for monetary security (bonding), and payment of development impact fees. TOWN OF TIBURON PAGE 1 OF 3 Future applications would include a final subdivision map, subdivision improvement drawings, site plan and architectural review applications and building permits for each residence. PROJECT DESCRIPTION The proposal sets forth the proposed subdivision of an approximately 52.2-acre parcel located at 3825 Paradise Drive, extending from Hacienda Drive on the south, up to the Tiburon lUgeline, then downward to Paradise Drive on the north. Fourteen (14) residential lots would be created. A single-family dwelling exists on one lot, and each of the remaining 13 lots would be developed with a single-family residence. The proposed lot/parcel sizes are as follows: Lot 1: 15.16 acres Lot 2: 1.67 acres L,ot 3: 1.44 acres I_,ot 4: 1.03 acres Lot 5: 1.15 acres Lot 6: 1.34 acres Lot 7: 1.50 acres Lot 8: 1.51 acres Lot 9: 1.50 acres Lot 10: 1.51 acres Lot 11: 1.51 acres Lot 12: 1.51 acres Lot 13: 1.50 acres I,ot 14: 1.20 acres SUBTOTAL 33.53 acres Private common open space: 18.68 acres TOTAL 52.21 acres Private open space easements would be established over portions of all 14 lots. Combined with three separate parcels of common open space, approximately 77% Of the site would be dedicated to open space per the precise development plan approval. Access would be provided to the proposed lots from a private roadway connecting to Paradise Drive at the northeast corner of the property. The Alta Robles Vesting Tentative Map drawings are attached as Exhibit 3. The vesting tentative neap application proposes no substantive changes to the project as approved in the Alta Robles Precise. Development Plan. All conditions and specifications of the approved precise development plan would continue to be in effect. ANALYSIS The Town's consulting engineer and Planning Division Staff have reviewed the Vesting Tentative Map and found it in conformance with the approved Precise Development Plan and state and local subdivision regulations. The Planning Commission reviewed the application on February 24, 2016 and round the tentative map to be consistent with the Tiburon (general Plan, the Alta Robles Precisc Development Plan, and the Tiburon Subdivision Ordinance. TOWN OF TiBURON PAGE 2 OF 3 PUBLIC COMMENTS Tour public comment letters have been received regarding this application (Exhibits 4-7),all dating to September 2015. At the February 24, 2016 meeting, the Planning Commission addressed the concerns raised in these letters regarding construction staging and management and requests to reduce the number of approved lots in this subdivision. The Commission determined that conditions of approval attached to the Alta Robles Precise Development Plan and Alta Robles Vesting"Tentative Map addressed issues related to construction parking, staging, and management of theproject. The Commission also determined that it was inappropriate to reconsider the project density that had been established in the Alta Robles Precise Development Plan following years of extensive review and environmental analysis. Draft minutes of the February 24, 2016 PlaDT1ing Commission meeting are attached as Exhibit 8. ENVIRONMENTAL REVIEW A Final Environmental Impact Report was certified by the Town Council in 2011 for this project. No substantive changes to the project are proposed as part of the vesting tentative reap and no additional environmental review is warranted or required. All adopted mitigation measures would continue to apply. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing on this item 2. Adopt the draft resolution (Exhibit 3) approving the application EXHIBITS I. Planning Commission Resolution No. 2016-02 2. Town Council Resolution No. 09-2012 3. Draft Resolution 4. Letter from Sandra Swanson, dated September 27, 2015 5_ Letter from Doug Dossey, dated September 27, 2015 6. Letter from John Kunzweiler, dated September 28, 2015 7. Letter from David Joyner, dated September 29, 2015 8. Draft minutes of the February 24, 2016 Planning Commission meeting 9. Application form and supplemental materials 10. Alta Robles Vesting Tentative Map drawings (9 sheets) Prepared By: Daniel M. Watrous, Planning Manager shared\\ctministration\7bwn Council\staff Repons\2016\March 16 Dra ls'Alta Robles tentative map report.doc PAGE 3 OF 3 TOWN of E IHlSG�CrIV ., 1 ��N , (�S1..__.. RESOLUTION NO. 11-2016 A RESOLUTION OF THE TOWN COUNCIL OF TIIE TOWN OF TIBURON APPROVING A VESTING TENTATIVE SUBDIVISION MAP FOR A 14-1,01- SUBDIVISION AT 3825 PARADISE DRIVE, (I'D #20, ALTA ROBLES PROJECT) ASSESSOR'S PARCEL NOS. 039-021-13 AND 039-301-01 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section_1. Findi.n 7s. A. An-application for Vesting Tentative Subdivision Map to subdivide 52.21 acres of land into fourteen (14) residential lots has been received from SODA, LLC. The subject property is located between Paradise Drive and Hacienda Drive and is identified as Assessor's Parcel Nos. 039-021-13 and 039-301-01. B. The application consists of the following: 1. Land l)evelopnient Application Form and supplemental application information received September 8, 2015. 2. Vesting Tentative Map (9 sheets) entitled "Vesting Tentative .Map,Rabin Subdivision," received December 22, 2015, prepared by CSW/Stuber-Stroeh Engineering Group, Inc. Draft Declaration of Covenants, Conditions and Restrictions of Alta Robles received September 8, 2.015. 4. Mitigation Monitoring, and Reporting Program for Biological Resources, prepared by LSA Associates, Inc., dated May 3, 2013. Biological Assessment Alta Robles Residential Development, prepared by LSA Associates, Inc., received September 8, 2015. 6. Biological Information to Support the Vesting Tentative Map Application, Alta Robles Project, prepared by LSA Associates, Inc., dated December 16, 2015. C. The Town Council finds that a Final E,nvirolunental Impact Report was certified by the Town Council in 2011 for this project in conformance with the requirements of the Callfornla Envlronnicntal Quality Act, and that no further environmental review Is required. 1). The Planning Division and the Town Engineer have reviewed the project in accordance v�,ith applicable regulations and have recommended conditional approval of the. application, as set north in the Staff Report dated March 16, 2016. 111WRoN OWN COUNCIL, 1 I1:SOIJ 1]lt iN NO, 11-2016 MARC:]1 16,?016 1 I . hhe Planning Commission held aduly-noticed public hearing on February 24, 2016, and adopted Resolution No. 2016-02 recommending approval with conditions of the Alta Robles Vesting Tentative Map application to the"Town Council. l'. The Town Council held a duly-noticed public hearing on March 16, 2016, and has heard and considered testimony from interested persons. G. The Town Council finds that the application, as conditioned, is consistent with the goals and policies of the Tiburon General Plan. The Council further finds that the application is in conformance with the provisions of the Alta Robles Precise Development Plan and is consistent with the provisions of Chapter 14 of the Tiburon Municipal Code regulating the subdivision of land. Section 2. Recommendation for Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the Alta Robles Vesting Tentative Map application (File#TM2015001), subject to the following conditions: Public Works & En gineering 1. All of the following requirements of the Town Engineer shall be met prior to the approval of the Final Map, including the ability to provide all essential utilities to the site. Two copies of a recent(within six weeks of submittal)preliminary title report, plus traverse calculations in electronic form, shall accompany the Final Map submittal. The Final Map shall be prepared in conformance with the standards of the Town of Tiburon and the standards of the State Subdivision Map Act. 2. All engineering requirements and standards, including but not limited to landslide repair, drainage, dust control, erosion control and winterization; soils stabilization, construction criteria,tree and other resource protection, roadway geometries, and grading shall be subject to review and approval by the Town Engineer through the subdivision improvement process. Landslide repair shall be based upon the Preliminary Landslide Assessment dated February 28, 2007, prepared by Kleinfelder, Inc.; the Preliminary Geotechnical Investigation dated March 5, 2007 and the Response to Geotechnical Peer Review Comments dated January 28, 2008, prepared by Miller Pacific Engineering Group; the Geotechnical Peer Review dated April 16, 2007 and the Review of Response to Geotechnical Pcer Review, prepared by Herzog Geotechnical; and the several prior geotechnical studies and letters referenced therein. I IBURON TOWN COUNCIL RESOLUTION NO. 11-2016 MARCH 16,2016 2 s. C 3. Prior to approval of the Final Map, project sponsor shall enter into a subdivision improvement agreement with the Town of Tiburon and post all required monetary securities. Said agreement shall be recorded with the Final Map. 4. Prior to approval of the Final Map, project sponsor shall submit detailed subdivision improvement drawings addressing without limitation all elements in Condition #2 above for review and approval by the Town Engineer, Director of Community Development, and other applicable agencies. 5. The Final Map shall include all easements shown in the title report dated December 3, 2015, on file with this application, including, but not limited to Items 5, 6, 9, 12, 25, 26, 28, 30, 34, and 36 in the title report, and shall include all elements shown on the approved Vesting"Tentative Map and Precise Development Plan drawings. 6. The Final Map shall include a site reconnaissance statement in compliance with Section 14-3.4 (a) of the Tiburon Municipal Code. 7. Elevations on the Final Map shall reference current National Geodetic Survey data (NAVD 88), or as required by the Town Engineer. 8. As part of the subdivision improvement drawings submitted with the Final Map application, project sponsor shall incorporate storm water treatment Best Management Practices (BMPs) into the design of the project to the extent practicable and shall include all measures required by Mitigation Measure 5.4-4 of the adopted Mitigation Monitoring Program for the Alta Robles Precise Development Plan. Consideration of BMPs shall include, but not be limited to, the use of grassy swales, landscaped areas, grasscrete, and similar measures in accordance with NPDES and MCSTOPP. All storm drain inlets shall be imprinted with a sign indicating"no dumping, flows to creek." 9. All portions of private lots outside the residential use areas (KUAs) shall be protected by an open space easement or easements offered for acceptance to the "Town of Tiburon or, with the approval of the Town, to other public or non-profit entities,by separate instrument as part of the Final Map application. This protection limitation does not apply to improvements and the maintenance thereof contemplated for installation in the Alta Robles Precise Development Plan, such as, without limitation, the private roadways serving the subdivision; driveways, retaining walls necessary to support driveways; utilities; landslide repair devices and re-vegetation; drainage ditches; existing water tanks and other existing improvements, or other ancillary improvements necessary for installation of the subdivision improvements contemplated in the Precise Development Plan or permits issued in reliance thereon, including the subdivision improvement (IBURON TOWN COUNCIL RESOLUTION NO. 1 1-2016 MARCH 16,2016 3 drawings. Open space easement or dedication documents shall be reviewed and approved by the Town Attorney and Director of Community Development prior to acceptance for filing of the Final Map application. Said open space easement or easements (if accepted) shall be recorded in conjunction with the recordation of the Final Map and their official records reference numbers shall be noted on the Final Map. 10. The area designated as Rabin Private Zone on Lot 1 shall be reserved for natural resource protection and scenic view preservation. A natural resource protection and scenic view preservation easement for the Rabin Private Zone shall be offered for acceptance to the Town of Tiburon by separate instrument as part of the Final Map application. Said easement shall be recorded in conjunction with the recordation of the Final Map and its official records reference shall be placed on the Final Map. Said easement shall acknowledge, if necessary, any existing improvements, any required roadway, drainage and/or utility easements and any landscape installation (e.g. mitigation planting) and maintenance agreements that are required or reasonably foreseeable in the Alta Robles Precise Development Plan approval. 11. As described on p. 49 of the Alta .Robles Draft EIR, three-foot high permanent bollards with plaques shall be installed at intervals of approximately 60 feet between the boundary of the residential use areas and the private open space areas of each lot. Said bollards shall be maintained in good condition at all times by the homeowner's association for the subdivision. This demarcation shall initially occur as part of the subdivision improvements, and shall be restored as necessary prior to issuance of a certificate of occupancy for each completed residence. A suitable mechanism for this permanent demarcation shall be specified on the subdivision improvement drawings and recorded as a deed restriction or by other appropriate mechanism as determined by the Town. 12. As detailed in the Certified EIR for this project; each residential lot shall be provided with a cistern sufficient to store the additional stormwater runoff generated by the construction of lot impervious surfaces (such as roof surfaces, driveways, patios, etc.). "The cisterns shall store sufficient runoff to enable the proposed project to maintain site peak flows at pre-project levels for the 100-year design rainstorm. 13. If lighting is required by the "Town Engineer for the project roadways, lighting details shall be reviewed by the Design Review Board prior to the approval of subdivision improvement drawings for the project. All roadway lighting shall be shielded downlights to the satisfaction of the Design Review Board. Lighting proposed on the subdivision improvement drawings shall be limited to the minimum amount necessary to safely illuminate points of access, as determined TIBURON'DOWN COUNCIL RCSOLUIION NO. 11-2016 MARCH 16,2016 4 by the Town Engineer. Street lighting maintenance and utility expense (if any) shall be included in the private roadway maintenance agreement. 14. Prior to issuance of a grading permit for the subdivision improvements, the project sponsor shall hold a preconstruction meeting with the Town, all other reviewing agencies associated with the project, and the subdivision improvement contractors. At that time, a final review of the implementation of the mitigation measures and determination of monitoring responsibilities shall be completed and agreed upon. 15. Not more than ninety (90) days prior to submitting the Final Map application and subdivision improvement drawings, the applicant shall retain a qualified traffic consultant to perform a traffic study, at applicant's expense and to the Town Engineer's specifications. The traffic stuffy will ascertain the average speed of " vehicles near the proposed project entry. The Town Engineer wili'determine, in his sole discretion, whether the retaining wall and associated improvements set forth in Mitigation Measure 5.1-4 from the Draft EIR are required as mitigation at that time, in which event such improvements must be installed. Mitigation Measure 5.1-7 shall be applied in any event. 16. Upon completion of the improvements for this subdivision, the existing access roadway leading from Paradise Drive to the residence at 3825 Paradise Drive, located at the farthest eastward edge of the property, shall be used for emergency vehicle and Lot 1 access only and shall be secured and gated for that purpose to the satisfaction of the Town Engineer and the Fire Marshal of the Tiburon Fire Protection District. This access point shall not be used for project construction. 17. Applicant shall survey, design, and install a traversable public access recreational trail within the easement immediately north of Hacienda Drive. Said trail shall be designed as part of the subdivision improvement drawings. The design shall include installation of six (6) foot-high solid fencing at the northwestern edge of the trail nearest 139 Iacienda Drive that will to the maximum extent feasible prevent trail users from approaching the shared property line of that property with the Alta Roblcs property and thus protect the privacy of occupants of 139 Hacienda Drive. Applicant-performed trail work shall be done as part of the subdivision improvement phase of the project. Alternatively, with Town Engineer consent, applicant may make a monetary contribution to cover fully the Town's estimated reasonable costs of designing, surveying and installing said path. If an in-lieu monetary contribution is proposed instead of applicant installation, then said payment shall occur prior to recordation of the Final Map. The amount of any monetary contribution shall be based on an estimate by the Town Engineer. Notwithstanding this condition, "town and applicant may agree to an earlier installation of the public path improvements by separate agreement that would TIBURON TOWN COUNCIL RI-SOLUIION NO. 1 1-2016 MARCH 16,2016 5 satisfy this condition. Affected Agencies & Utilities 18. All applicable requirements of the Tiburon Fire Protection District(Th'PD) shall be met or set in place prior to approval of the Final Map. The project sponsor shall provide a letter from the TFPD to that effect. Fire apparatus access areas shown on Lot 1 shall be shown as easements for emergency vehicle use and offered for dedication as such on the Final Map to the satisfaction of the Town Engineer and Fire Marshal. 19. Domestic water shall be supplied by the Marin Municipal Water District. "The project sponsor shall comply with all District rules and regulations. The project sponsor shall provide a will-serve letter from the District prior to approval of the Final Map. 20. Connection of all lots to Sanitary District No. 5 is required. All requirements of the District shall be met. The project sponsor shall provide a will-serve letter from the District prior to approval of the Final Map. 21. A will-serve letter from Pacific Gas & Electric Company shall be provided prior to approval of the Final Map. Community Development Department 22. All mitigation measures contained within the adopted Mitigation Monitoring Program for the project shall be implemented prior to finalization of the project by the Town of Tiburon. Project sponsor shall submit with the application for Final Map and the Subdivision Improvement Drawings a detailed narrative describing how these mitigation measures are being complied with, or will be complied with, at the appropriate phase of project development. The Final MapiSubdivision Improvement Drawing application materials shall include/address all adopted mitigation measures generally, and the following Mitigation Measures (MM) specifically, to the satisfaction of the Town Engineer and Director of Community Development: Mitigation Measures C.4, D.I(a); D.1(b); 1).1(c); D.1(d); D.2(a); D.2(b); D.3; DA; E.2; F.1; 1.1; L3; and I.4. 23. No smoking shall be permitted on site by any person, contractor or employee during any phase of project construction. A water truck shall be present on the site during vegetation removal. "These requirements shall be noted on the subdivision improvement drawings and shall be incorporated into construction documents for the contractor(s)performing the work. I'MURON TOWN COUNCII, RGSOIJJION NO. 1 12016 MARCI 1 16,2016 6 24. As part of the installation of the subdivision improvements, applicant shall remove dilapidated fencing and fence-posts, litter, garbage, and otherjunl< materials from the entire site. 25. The appearance of any publicly-visible project retaining walls (including debris catchment fences or walls) shown on the subdivision improvement drawings in excess of forty-two (42) inches in height shall be subject to review and approval by the Design Review Board (DRB) prior to Town approval of said drawings. Where publicly visible, all subdivision improvement-related retaining walls and bridges shall have the appearance of rock to provide a natural look, and shall be medium to dark in color to reduce contrast. The DRB review and approval shall include appropriate landscaping screening for such walls. Where such fences or walls are proposed to be located in, or would require access through, sensitive resource areas, alternative solutions shall be explored that would avoid to the extent feasible impacts on sensitive resources. 26. A detailed landscape plan for the subdivision improvement phase of the project shall be prepared as part of the subdivision improvement drawing submittal and shall be reviewed and approved by the Design Review Board. This landscape plan shall include removal of any remaining invasive plant species; review of common area plantings, entry landscaping, retaining wall screening, and any landscaping required in adopted mitigation measures. Infrastructure and subdivision improvement-related landscaping must be supported by a functional, reliable, and appropriate irrigation system for which maintenance is guaranteed by the homeowners association. Mechanisms shall be instituted in the CC&R's and/or elsewhere as appropriate that provide the Town the right, but not the obligation, to compel maintenance of such landscaping at homeowner association expense if deemed necessary by the Town. 27. A detailed Tree Protection and Replacement Plan shall be submitted with the subdivision improvement drawings to set forth protection measures for trees to be retained during project construction and to implement Mitigation Measure 5.5-5 and shall be reviewed and approved by the Director of Community Development and Director of Public Works. Said Plan shall be subject to third party review by a professional biologist of the Town's choosing at the applicant's sole expense. 28. All grading involving the use of heavy construction equipment shall be limited to the period between April 15 and October 15. The Building Official may authorize limited extensions of time to this period in his reasonable discretion. 29. Inclusionary housing in-lieu fees, as required by Chapter 16 of the Tiburon Municipal Code, shall be paid prior to recordation of the Final Map. TIBURON TOWN COUNCIL RESOLUTION NO. 11-2016 MARCH 16,2016 7 q 30. Prior to issuance of a grading permit for the subdivision improvements, project sponsor shall obtain and implement provisions of a NPDES General Construction Permit. A Storm Water Pollution Prevention Plan (SWPPP) shall also be obtained and implemented. 31. A detailed Construction Management Plan shall be prepared and submitted with the Final Map application and subdivision improvement drawings for review and approval by the Town Engineer and Director of Community Development. The Construction Management Plan shall, without limitation, outline the sequence and estimated timing of subdivision improvement installation; and shall comprehensively address construction staging areas, construction parking, materials storage, soil stockpiling, debris boxes,portable restrooms, and protective fencing for the subdivision improvement installation phase of the project. The Construction Management Plan shall specify an aggressive subdivision improvement installation schedule. In no event shall installation exceed a period of three (3) calendar years. The Construction Management Plan shall specify that no parking or staging of construction vehicles shall be permitted along or adjacent to Paradise Drive. 32. Final CC&R's, deed restrictions, and/or joint maintenance agreements or other similar instruments for the subdivision shall be prepared and submitted for review and approval by the Town Attorney and Director of Community Development prior to approval of the Final Map, and shall be recorded in conjunction with the Final Map. Said CC&Rs or other instruments acceptable to the Town Attorney shall contain provisions and limitations as set forth in the Alta Robles Precise Development Plan and the certified Final Environmental Impact Report to the satisfaction of the "Town Attorney and Director of Community Development. These instruments shall contain, without limitation, provisions for ongoing maintenance of the private roadway, common areas, ongoing maintenance of drainage structures and facilities, and ongoing removal of invasive plant species (French broom, pampas grass, etc.) from the property. 33. A mitigation monitoring consultant may, in the Town's discretion, be retained by the "Town at the project sponsor's expense to provide monitoring of the project and its mitigation measures, as set forth in the approved Mitigation Monitoring Program. Prior to issuance of a grading permit for the subdivision improvements, the project sponsor shall enter into a written agreement with the "Town and submit a deposit for the anticipated cost of retaining the mitigation monitoring consultant to perform said work. The agreement shall contain provisions for post- construction monitoring and vegetation replacement in addition to monitoring during project construction. TIBURON'rOWN COUNCIL RGSOLUlION NO. 11-2016 MARCl1 16;2016 8 34. The Final Map shall indicate that this property cannot be further subdivided. 35. The Final Map shall contain a note or notes referencing the various limitations and restrictions contained within the Alta Robles Precise Development Plan, and shall include one or more Public Information Sheets showing building envelopes and describing other zoning limitations, as determined by and to the satisfaction of the Director of Community Development. 36. Traffic mitigation fees shall be paid prior to issuance of a building permit for each residence in accordance with the adopted fee schedule at that time, unless said building permits are issued within the one-year vested time period of this approval, in which case said fees shall be based on the fee schedule in effect on the date of approval of the Vesting Tentative Map. 37. All fees and deposits required by the Town or other agencies having Jurisdiciion shall be paid prior to the`T'own's approval of the Final Map or issuance of any grading permit, whichever comes first. 38. Violations of the permit or permit conditions shall be subject to stop-work orders, fines, penalties, and all other enforcement methods authorized by law. 38. This approval shall be valid for three years and shall expire and become null and void unless a Final Map is approved and recorded, or unless a time extension is granted. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on March 16, 2016 by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell,Toltini NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ERIN TOLLINI, MAYOR Town of Tiburon ATTEST.- DIANE TTESZ :DIANE CRANE IACOPI. 'TOWN CLERK I'IBIiRON]OWN COUNCIL R1 SOLUTION NO. 11-2016 MARCH 16.2016 9 RESOLUTION NO. 2019-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING APPROVAL OF A TIME EXTENSION FOR THE ALTA ROBLES VESTING TENTATIVE SUBDIVISION MAP (PD#20) ASSESSOR PARCEL NOS. 039-021-13 AND 039-301-01 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. On March 16, 2016 the Tiburon Town Council adopted Resolution 11-2016 approving a vesting tentative subdivision map application TM2015-001 to subdivide 52 acres of land into 14 single family residential lots in the vicinity of 3825 Paradise Drive. The approval is valid for three years and is set to expire on March 16,2019 unless extended. B. On December 5, 2018, the Planning Division received an application for a 3-year time extension of the vesting tentative map approval. Pursuant to Chapter 14 of the Tiburon Municipal Code, the time extension is subject to public hearings before the Planning Commission and Town Council. C. The Planning Commission, based on the staff report dated January 23, 2019, finds that the time extension request does not require additional review under the California Environmental Quality Act. D. The Planning Commission held a duly-noticed public hearing on January 23,2019,and heard and considered any comments from interested persons. E. The Planning Commission finds, based on the staff report dated January 23, 2019,that the time extension request is consistent with state law and local regulations regarding time extensions for subdivision maps specifically Tiburon Municipal Code Section 14-2.209(3), which states the following criteria: 1)that the subdivider has clearly documented that it has made a good faith effort to complete the subdivision process. The applicant submitted the final map application in 2018 and continues to diligently process the application;2)that it is in the best interest of the Town of Tiburon to extend the tentative reap as the precise development plan and vesting tentative map were both unanimously approved by the Planning Commission and Town Council with praise for the lot layout and the design of the homes in the subdivision; and 3) that there are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken,and no new information of substantial importance that would require any further environmental review pursuant to the California Environmental Quality Act. No amendments to the vesting TIBURON PLANNING COMMISSION RESOLUTION NO.2019-01 01/23/2019 1 EXHIBIT B tentative map or are contemplated prior to recordation of the final map and no new information has been presented that would require additional environmental review. Section 2. Recommendation for Ap rp oval. NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the Town of Tiburon does hereby recommend to the Tiburon Town Council granting of a 3-year time extension for the Alta Robles Vesting Tentative Map, with the new expiration date being I\/larch 16, 2022. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon on January 23, 2019, by the following vote: AYES: COMMISSIONERS: CORCORAN, TSAI, WILLIAMS NAYS: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AMIR, DEFEVER ERICA WILLIAMS, CHAIR TIBURON PLANNING COMMISSION ATTEST: 6-41h.-KWON, SECRETARY TIBURON PLANNING COMMISSION RESOLUTION NO.2019-01 01/23/2019 2 RESOLUTION NO. XX-2019 A RESOLUTION OF THE TOWN COUNCIL OF THE "TOWN OF TIBURON APPROVING A TIME EXTENSION FOR THE ALTA ROBLES VESTING TENTATIVE SUBDIVISION MAP (PD#20) ASSESSOR PARCEL NOS. 039-021-13 AND 039-301-01 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. On March 16, 2016 the Tiburon Town Council adopted Resolution 1 1-2016 approving a vesting tentative subdivision neap application (TM2015-001) to subdivide 52 acres of land into 14 single family residential lots in the vicinity of 3825 Paradise Drive. The approval is valid for three years and is set to expire on March 16, 2019 unless extended. B. On December 5, 2018, the Planning Division received an application for a 3-year time extension of the vesting tentative map approval. Pursuant to Chapter 14 of the Tiburon Municipal Code, the time extension is subject to public hearings before the Planning Commission and Town Council. C. The Planning Commission held a public hearing on January 23, 2019 and recommended approval of a 3-year time extension to the Town Council by adoption of Resolution No. 2019-01. The Planning Commission also found that no additional review is required under the California Environmental Quality Act. D. The Town Council held aduly-noticed public hearing on February 20, 2019, and heard and considered any comments from interested persons. E. The Town Council finds, based on the staff report dated February 20. 2019. that the time extension for the project requires no additional review pursuant to the California Environmental Quality Act. F. The Town Council finds, based on the staff report dated February 20, 2019, that the time extension request is consistent with state law and local regulations regarding time extensions for subdivision maps. Section 2. Approval. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tibul-0rl does hereby grant a 3-year time extension for the Alta Robles Vesting Tentative Map. with the new expiration date being March 16, 2022. TIBURON TOWN COUNCIL RESOLUTION NO. XX-2019 02/20/2019 1 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on February 20, 2019, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: DAVID KULIK, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. XX-2019 02;20/2019 2 RESOLUTION NO. XX-2019 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A TIME EXTENSION FOR THE ALTA ROBLES VESTING TENTATIVE SUBDIVISION MAP.(PD#20) ASSESSOR PARCEL NOS. 039-021-13 AND 039-301-01 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. On March 16, 2016 the Tiburon Town Council adopted Resolution 11-2016 approving a vesting tentative subdivision map application (TM2015-001) to subdivide 52 acres of land into 14 single family residential lots in the vicinity of 3825 Paradise Drive. The approval is valid for three years and is set to expire on March 16, 2019 unless extended. B. On December 5, 2018, the Planning Division received an application for a 3-year time extension of the vesting tentative map approval. Pursuant to Chapter 14 of the Tiburon Municipal Code, the time extension is subject to public hearings before the Planning Commission and Town Council. C. The Planning Commission held a public hearing on January 23, 2019 and recommended approval of a 3-year time extension to the Town Council by adoption of Resolution No. 2019-01. The Planning Commission also found that no additional review is required under the California Environmental Quality Act. D. The Town Council held a duly-noticed public hearing on February 20, 2019, and heard and considered any comments fi-om interested persons. E. The Town Council finds, based on the staff report dated February 20, 2019, that the time extension for the project requires no additional review Pursuant to the California Environmental Quality Act. F. The "Town Council finds, based on the staff report dated February 20, 2019. that the time extension request is consistent with state law and local regulations regarding time extensions for subdivision reaps. Section 2. Approval. NOW, THEREFORE BE IT RESOLVED that the Town Council of the "1 own of Tiburon does hereby grant a 3-year time extension for the Alta Robles Vesting Tentative Map, with the new expiration date being March 16, 2022. TIBURON TOWN COUNCIL RESOLUTION NO. XX-2019 02/20/2010 1 EXHIBIT C PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on February 20, 2019, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: DAVID KULIK, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK TIBURON TOWN COUNCIL, RESOLUTION NO. XX-2019 02 20/2019 2 February 15, 2019 David A.Posner 139 Gilmartin Drive Tiburon,CA 94920 347-610-8994 david.a.posncrla?.gmiiil.com SENT BY ELECTRONIC MAIL AND FIRST CLASS MAIL Lyra O'Malley Associate Planner Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Ms, O'Malley: Re: Alta Robles Project As we discussed, during my meeting with you at Town Hall on Wednesday, February 13, 2019, we are the owners of 1.39 Gilmartin Drive ("Posner Property"). We received a Notice of Public Hearing for a time extension for the Alta Robles Project scheduled for Wednesday, February 20, 2019 at 7:30 p.m. in the Town Council Chambers (the "Hearing"), Unfortunately, due to prior travel schedules, we are unable to attend the Hearing in person and, therefore, we kindly request that this letter serve as a proxy for our attendance and as the basis for our concerns. We strongly oppose the granting of a three-year time extension for the Alta Robles Vesting t Tentative Subdivision Map (the "Project"). We purchased the Posner Property on June 30, 2015. Prior to our purchase, we visited Tiburon Town Nall to inquire specifically about any pending projects that would affect the market value of the property, with a particular emphasis on projects that would obstruct the view of the home. At that time, we were told by town representatives that there "were no such projects approved"and that the"land in question was designated as open lands"and that"new construction in the site line was prohibited." It wasn't until we received a notice for the January 29, 2019 hearing that we were made aware of the Project. After viewing the information and maps on bile with you this week, we strongly believe that the Project will have a- material negative impact on the market value of Posner Property. Specifically, we feel an unobstructed view is a Ivey asset of the property and the reason i)why we purchased the property and ii) why we paid a significant premium for it. In addition, we wholeheartedly feel that building 14 single-family residential homes will have a material negative impact on the neighborhood characteristics that attracted many of the homeowners to the area. We also believe that such characteristics are the reason we have all paid high home prices and on- going high taxes. EXHIBIT D Town of Tiburon February 15, 2019 Page 2 We understand that the Project has been already approved, but as we were unaware of this at the time of purchase, we compel the "Town of"Tiburon to not approve the extension in question and also to reopen the approval process so that the community affected has the ability voice their- concerns and defend their financial interests. We kindly request that you consider our objections at the February 20, 2019 Hearing. Y ry truly, David A. Posner cc Jennifer A. Posner i