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HomeMy WebLinkAboutTC Agd Pkt 2015-01-21 (2)TOWN OF TIBURON Tiburon Town Hall Tiburon Town Council 1505 Tiburon Boulevard January 21, 2015 Tiburon, CA 94920 Regular Meeting — 7.30 p.m. Closed Session — 6:00 p.m. AGENDA TIBURON TOWN COUNCIL — (6:00 p.m.) PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Titles: Town Manager CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Mimlman v. Tome of Tiburon (CIV 1404795) CALL TO ORDER AND ROLL CALL Councilmember Fraser, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Tollini, Mayor Doyle ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes —Adopt minutes of November 19, 2014 regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes - Adopt minutes of December 3, 2014 regular meeting (Town Clerk Crane Iacopi) 3. Vacancies on Town Boards, Commissions and Committees - Announce pending vacancies in 2015 (Town Clerk Crane Iacopi) 4. Town Investment Summary - Adopt report for December 2014 (Director of Administrative Services Bigall) 5. Town Audit Report - Accept report for FY ending June 30, 2014 (Director of Administrative Services Bigall) 6. Retirement of Police Capt. Hutton - Adopt resolution commending Capt. David Hutton for 33 years of service upon his retirement from the Town of Tiburon (Police Chief Cronin) 7. Retirement of Building Inspector Dailey - Adopt resolution commending Building Inspector George Dailey on his retirement from the Town of Tiburon (Director of Community Development Anderson) S. Annual Development Fee Report - Receive annual report on the status of the Town's Development Impact Fees pursuant to the California Government Code (Director of Community Development Anderson) 9. Street Impact Fees - Receive required five-year report of the Town's Street Impact Fees and adopt resolution making the required findings pursuant to California Government Code (Director of Community Development Anderson) ACTION ITEMS 1. Town Council Board and Committee Assignments - Consider appointments to 2015 Town Council committees and board representation (Mayor Doyle) PUBLIC HEARINGS L 2015 Fee Schedules - Recommendation to adopt fee schedules for the Community Development Department and Public Works Department (Director of Community Development) 2. 2015 Hourly Billing Rate Schedule - Recommendation to Update Hourly Billing Rate Schedule for Town Personnel (Director of Community Development Anderson) 3. 110 Solano Street - Consider appeal of Planning Commission review of permit to operate a portion of an existing two-family dwelling as a Seasonal Rental Unit (Community Development Department) - continued to March 4, 2015 meeting Owners/Applicants: Courtney and Sandy Anderson Appellants: Cathy and Joe Haraburda Address: 110 Solano Street Assessor Parcel No.: 059-143-35 TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests January 9 & 16, 2015 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 46 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere -Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability -related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed actions) 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. IL Ragghianti IFreitas LLP Christopher A. Skelton cskelton@rflawllp.com January 21, 2015 Via E-mail Only Tiburon Town Council Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Re: Updated Fees Dear Tiburon Town Council: USE MAU Attorneys at Law 1101 Fifth Ave, Suite 100 San Rafael, CA 94901 telephone 415.453.9433 facsimile 415.453.8269 www.rflawllp.com Our office continues to represent Stuart and Gina Peterson in connection with their new home project ("Project") at 110 Gilmartin Drive in Tiburon. This letter is concerning Public Hearing item 1 and Consent Calendar items 8 and 9 on the Council's January 21, 2015 agenda. The revised Fee Schedule found in item 1 is not supported by the evidence and the necessary findings for adoption cannot be made. Specifically, there is no evidence to demonstrate that that the fees do not exceed the cost of providing the services for which the fees are charged. In fact, the evidence suggests just the opposite. In light of the more than $1.5 million in fees exacted from the Peterson alone, a proper accounting is in order, and the fee schedule should represent a drastic reduction to future applicants. Excess revenue generated from the proposed fee structure is tantamount to a special tax under Proposition 26 and requires a two-thirds vote of the residents. Additionally, based on the staff materials supporting consent items 8 and 9, the finding required by Government Code 66001(d)(1)(B) cannot be made in regards to the monies held by the Town in the Street Impact Fee Fund. Specifically, the report supporting the amount of the Street Impact Fee ("Fee"), as well as the portion of the fund remaining unexpended, fails to demonstrate the required reasonable relationship between the Fee and the purpose for which it is charged. \f RagghiantilFreitas LLP January 21, 2015 Page 2 of 5 Background The Community Development fee structure, which includes the Building Department's fees, is premised on offsetting the cost of services provided like plan review, site inspections, and other services provided in connection with the construction process. The Towns Building Department budget for fiscal year 2014/2015 is $577,972. Yet, there is nothing in the supporting staff report that identifies the hours of services provided, by what personnel, or the revenue generated by permit fees from the prior year. The Towns current Street Impact Fee is based on the valuation of a construction project. The basic premise is that construction -related traffic will damage and degrade the Towns public streets disproportionately when compared to typical residential vehicles. As a result, the Town imposes the Fee to defray additional costs associated with the construction traffic. The Hilton Frankopf & Hobson report ("Report"), which contributes to the bases for the amount of the Towns Fee, is specific to garbage trucks. The purpose of the Report is clearly stated as estimating "the Towns projected funding required to achieve the [Towns] target PCI that is attributed to residential Refuse Vehicles." Extending the assumptions and premises from the refuse vehicle street maintenance costs to construction vehicle street maintenance costs is not factually or legally supportable. The report specifically states, "it is important to understand that the assumptions made regarding the impact of construction vehicles on the Towns roads in this study are not based on data specific to the town, but instead to generic data developed through studies in other Bay Area jurisdictions." (Report page 4). This point is further reiterated in the Report where it is stated that, "the impacts of construction vehicles, other trucks, and automobiles stated in this analysis are based on generic ESALs and traffic levels derived from studies in other jurisdictions with varying demographics." (Report p 7). In other words, the garbage truck data was specific (e.g. truck size, vehicle trips, weight), while the supporting construction truck data was not. Is a RagghiantilFreitaS LLP January 21, 2015 Page 3 of 5 Analysis The Towns building permit fee structure and related accounting is fatally deficient. The staff report on item 1 cannot demonstrate that compliance with the Subdivision Map Act. Specifically, section 66014 (a) provides that local agency fees for building inspections and permits may not exceed the estimated reasonable cost of providing the service for which the fee is charged unless the excess amounts are submitted to and approved by a two-thirds vote of the electorate. Note, this is consistent with Attorney General opinion 92-506, March 9, 1993, which holds a local agency is prohibited from charging building permit and similar fees which exceed the estimated reasonable costs of providing the services rendered unless the amount of fees are approved by the electorate. In Barratt American, Inc. v. Cihj of Rancho Cucamonga, (2005) 37 Cal. 4th 685, the California Supreme Court held that under the "reenactment rule' of statutory interpretation, when only a portion of a statute is amended, the unamended portion of the statute is reenacted with the enactment of the amendment, so that the statute is deemed to have been acted on as a whole. The Towns Street Impact Fee accounting is fundamentally flawed and fails to demonstrate a reasonable relationship between the Fee and the purpose for which it is charged. The Report used as a premise for continuing to apply the Fee assumes vehicle trips, ESALs, vehicle type axle setup, payloads, and other elements as constants, while the refuse vehicles are the variable. The Report does not provide the tools to rotate variables and constants in analyzing the information. Furthermore, the data for creating some of these assumptions is approaching 15 years old. Unlike the refuse vehicle street impacts fee, which was a regulatory fee enabled under the Town's police power, the Street Impact Fee (and updated Community Development fee structure) is regulated under the Mitigation Fee Act (Gov. Code §66000 et. seq.) and subject to the related case law. Under the Mitigation Fee Act, the Town must establish that the amount of funds being collected will not exceed the need to pay for the improvements. (§66005). Government Code section 66014(a) identifies the application to building permit fees and demands that the fee not exceed the estimated reasonable cost of providing the services. Although the staff report represents a $5.8 million deficit in achieving 100 Pavement Condition Index (PCI), the Report assumes that streets have a life expectancy of 20 years. Thus, the Town does not reconcile the current measure of IL Ragghianti (Freitas LLP January 21, 2015 Page 4 of 5 75 PCI with the alleged $5.8 million needed to complete the public facilities improvements. More importantly, applying the Fee on a cost of construction basis fails to meet the legal standard for a user fee. Practically, the cost of construction basis is flawed because cost does not directly translate to street impacts. The Town has taken the unique, and legally unsupportable, position that the cost of finishes in a home are included in the building permit valuation process. Accordingly, a homeowner that uses extremely high-end finishes pays a much higher building permit fee than one who uses standard finishes, despite the fact that the inspection of said work is a nearly identical process. This valuation procedure has the secondary effect of a much higher Street Impact Fee and Building Permit Fee. This higher Street Impact Fee is not supportable because construction traffic for a gold faucet is no different than for a steel faucet. This demonstrates the absence of a reasonable relationship between the cost of construction and the amount of the Fee, but it also offers reasonable alternatives for updating the fee, like value per square footage basis. Application to 110 Gilmartin The Town has exacted more than $1.5 million from the Petersons in building permit fees and associated reactivation of the permits. This amount could account for approximately three years of the annual operating budget for the Building Department, yet there is no reduction in the permit fees proposed under item 1. The failure to account for these fees raises serious questions about the Towns accounting and prospective fee for future users. The owners of 110 Gilmartin were originally charged a Street Impact Fee of $132,000 at the time of pulling their building permit. This represents approximately 20% of the Towns allocated budget from the street impact fund. Presently, I understand that the Town is re-evaluating the project's final cost of construction and the updated Fee based on this new calculation is approximately $400,000. This new value represents more than 65% of the Town's allocated budget. Furthermore, the accounting presented in the staff report indicates that there was approximately $40 million in building permit valuation for the annual reporting period \F Ragghianti lFreitas LLP January 21, 2015 Page 5 of 5 resulting in total Street Impact Fees collected of $440,746. This single project at 110 Gilmartin has the same building permit valuation of all of last year's projects, and the current Fee amount is proposed at $400,000, thereby requiring that this one project has the same street impact as every project undertaken in Tiburon in the last year. This is simply unsupportable. Conclusion Public Hearing item 1 and Consent Calendar items 8 and 9 are fundamentally flawed and not supported by law. Application of a cost of building permit fee basis for the Fee also fails to meet the standards established by Proposition 26 (passed November 2nd, 2010), which limits local government's ability to fund public services via fees. Therefore, these items cannot be approved. In our June 3, 2013 letter to the Town, we identified the potential financial exposure to the Town related to the excessive fees levied against the Petersons. The items on the June 21, 2015 agenda fail to adequately account for the revenue generated and are susceptible to challenge under both the Mitigation Fee Act and the California Constitution. Thank you for your consideration of this matter. Very 11 Truly Yours, Chris Skelton CC: Stuart Peterson David Whiteside Rob Osborne Neil Sorensen David Feingold TOWN COUNCIL MINUTES CALL TO ORDER CC-/ Mayor Frederic ed theregu eting of the Tiburon Town Council to order at 7:30 p.m. on Wednesda , November 19, 2014, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Calirnia. ROLL CALL PRESENT: COUNCILMEMEERS: PRESENT: EX OFFICIO: CLOSED SESSION — (6:30 p.m.) Doyle, Fraser, Fredericks, O'Donnell, Tollini Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Town Clerk Crane Iacopi PUBLIC EMPLOYEE PERFORMANCE REVIEW - CANCELLED (Section 54957) Title: Town Manager At 7:15 p.m., the Council met in public session to determine whether circumstances warranted adding the case of Jordan v. Town of Tiburon et al. to the agenda as an urgency closed session item. The Council unanimously voted to do so, based on the following facts: The Town received notice of the lawsuit on Friday, November 14, 2014, after the posting of the regular agenda for the November 19s' meeting; and The Town should begin to prepare its response to the lawsuit before the Town Council's next regular meeting. The Council then met in closed session to discuss Jordan v. Tonin of Tiburon et al. pursuant to Section 54956.9(d)(1) of the California Government Code. No action was taken. CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor Fredericks noted the closed session discussion above. RAFT cil Minutes #xx -2014 November 19, 2014 Page 1 ORAL COMMUNICATIONS Mayor Fredericks commented on the continuing community interest in the Mark Di Suvero sculpture, Huru. The Mayor said there had been two public opportunities for the Council to place the matter on the agenda; once, in response to a September 12 email received by the Town through the Town Manager, and at the last Council meeting, after hearing public comment. She said that the process by which a matter could be placed on an agenda was by vote of any three Councihnembers. She asked if the Council wanted to address this issue further. Councilmember Tollini said that she would be interested in placing the matter on a future Council agenda. She said that when she first heard of the offer, she had no idea that there would be so much public interest; she said that this led her to think it should be heard by the Council in a public forum. Councilmember Fraser said he agreed with Councilmember Tollini's assessment. Vice Mayor Doyle said that he had no objection to placing it on a future agenda so that people could air their feelings about the sculpture. Councilmember O'Donnell said that in light of his colleagues' statements, he would not object to the matter being agendized at this juncture. Mayor Fredericks said that the upcoming meeting schedule, including closure for the holiday period, would make February 4, 2015 the next available meeting agenda to hear the item. The Mayor asked for further input as to the scope of what the Council might consider. She said she was concerned about how much time should be spent by staff to develop information about the proposal. Councilmember O'Donnell said there were many complicated issues surrounding the idea of receiving such a large structure. He said, for instance, that the piece might require a foundation; he said there were liability issues to think about; and he said the questions not only of height and mass, but ongoing maintenance, as well. Mayor Fredericks commented that if the cultural considerations of accepting such a piece were put aside, the more general question of where a structure of this size could be placed, and the impacts of a structure in those locations, had to be considered. Town Manager Curran said that she would ask the people who were offering the sculpture to flesh out the terms of the proposal. She said that staff would then try to provide useful information to the Council. DRAFT Town Council Minutes #xe -2014 November 19, 2014 Page 2 Fredericks added that the Council may identify further threshold items for discussion at the meeting. The Mayor opened Oral Communications to the public. Pamela Decena, Tiburon resident since 1968, said she was thrilled to hear the Council was going to undertake a discussion of Huru. She said that she was excited about a public dialog. Richard Kulp, Tiburon resident, suggested that the Council talk to the head of MOMA about the matter; he noted that a number of Di Suvero sculptures had been installed at Crissy field without foundations; he said MOMA could help answer some of the Council's questions. PRESENTATION • Recognition of outgoing Commissioner Roger Smith, Tiburon representative to the Marin - Sonoma Mosquito Abatement District Mayor Fredericks thanked Smith for his dedication to the health and safety of our community over the past 21 years. She said that the Mosquito Abatement District served over 700,000 residents of both Marin and Sonoma counties. CONSENT CALENDAR 1. 515 Hilary Drive — Adopt resolution partially granting the appeal of the Design Review Board's approval of a site plan and architectural review application for the construction of a fence at 515 Hilary Drive; AP No. 039-133-10 (Community Development Department) 2. Dairy Knoll Property — Adopt resolution accepting Grant Deed for Dairy Knoll property to reflect its increased size and current boundaries subsequent to the Town's recent purchase of property from the Chandler's Gate Homeowners Association (Director of Community Development Anderson) 3. Fee Waiver — Request for waiver of fees associated with Design Review and Encroachment Permit applications filed by the Belvedere -Tiburon Landmarks Society for the Gallows Wheels Relocation project (Planning Manager Dan Watrous) Destination:Tiburon Contract — Approve contract between the Town of Tiburon and Destination:Tiburon for use of Tiburon Tourism Business Improvement District (TTBID) funds (Town Manager Curran) Councilmember Fraser asked to remove Item No. 3 for discussion. He asked about the next steps for the location and approval process. DRAFT Town Council Minutes 9= -2014 November 19, 2014 Page 3 Director of Community Development Anderson said that the Council had given conceptual approval for the placement, with conditions. He said the Town would require a site plan for the plaque and other above -ground elements of the application, as well as an encroachment permit. He said the application would be heard by the Design Review Board. Councilmember Fraser asked whether a site had been selected. Anderson said the proposed location was the same as the location approved by the Council in 2005. On a separate item, Consent Calendar Item No. 2, Anderson noted the receipt by the Council of a revised exhibit to the Deed, containing some clarifying language regarding existing restrictions. MOTION: To adopt Consent Calendar Item Nos. 1 through 5, as amended above. Moved: Fraser, seconded by Tollini Vote: AYES: Unanimous PUBLIC HEARINGS General Plan Circulation Element Amendments — Consider adoption of proposed amendments to the Tiburon General Plan Circulation Element Incorporating "Complete Streets" policies and concepts and consider adoption of a Negative Declaration for the amendments (Director of Community Development Anderson) Director Anderson said that in September 2008, the California Complete Streets Act became law, codified as Government Code sections 65302(b)(2)(A) and (B) which requires changes to a local jurisdiction's General Plan, beginning at the next major update undertaken after 2011. Anderson said the Town's current General Plan circulation element was adopted in 2005 and is currently undergoing a comprehensive update, which will include compliance with the Complete Streets Act. However, he said that the Metropolitan Transportation Commission (MTC) is requiring complete streets policies in circulation elements earlier than state law requires if a municipality wishes to remain eligible for OBAG funds. He said the Town has received OBAG monies in the past and hopes to continue securing these roadway funds during each cycle. Director Anderson said he was confident that the Town's proposed additions to its Circulation Element will satisfy both the State and MTC's requirements. He said staff had prepared an initial study and had received no public comments. In addition, he said the changes had been reviewed by the POST as well as the Planning Commission. Councilmember Fraser said that while the concepts of "complete streets" made sense, he asked what affect the Town's adoption of such a policy would have given that its main thoroughfare, DRAFT Town Council Minutes #xr -2014 November 19, 2014 Page 4 Tiburon Boulevard, is owned and maintained by CalTrans which doesn't have to comply with the complete streets program. As an example, Fraser mentioned the intersection at Tiburon Boulevard and Ned's Way. He said there had been two accidents involving pedestrians in the last year. He said that CalTrans' response to the Town's request for installation of safety devices or other alterations to the intersection was that it might be able to program changes into its 2018/19 budget cycle. Fraser also said the Town had recommended to CalTrans that a crosswalk be installed on Tiburon Boulevard in the vicinity of The Lodge. Again, he said the Town faced a slow, arduous process in order to effect these changes. He asked how the Town might get CalTrans to "play ball" with us on issues of importance to the community. Director Anderson agreed with Fraser that it was a slow process; that the Town could generate its own ideas but would still have to work with CalTrans in order to ensure receipt of funding for projects. He said that CalTrans seemed to be becoming more "friendly" through adoption of two new design manuals. But he reiterated that the process will take time in order to receive funding. Anderson said staff felt that the request for crosswalk at The Lodge was moving forward in the process and would likely be approved shortly. He noted that the Town is applying for a grant for Ned's Way intersection safety improvements that would provide the improvements much more quickly than the CalTrans time schedule. Mayor Fredericks asked how the Town's complete streets policy differed from previous policies. Anderson said that the Town Council had adopted a resolution setting forth Complete Streets policies a few years ago. The policy was more procedural than the concepts proposed for the General Plan circulation element, but that the two were consistent. Councilmember Tollini asked about the intersection at Tiburon Boulevard and Stewart Drive. She said there seemed to be many "rear -ender" accidents there. She asked whether signalization had been considered. Mayor Fredericks said that it had been studied extensively and [ultimately] CalTrans had authorized the overhead "Pedestrians Crossing" sign. She suggested it might be more helpful if the sign only blinked when pedestrians are in the crosswalk; now, it blinks all the time which seems less effective for getting the attention of drivers. Councilmember O'Donnell said that was a great idea. Councilmember Fraser suggested the sign should blink and state, "Pedestrians in Crosswalk" rather than Pedestrian Crossing (or whatever it currently states). Town Manager Curran said the Town could explore this suggestion with CalTrans; she said she guessed it would be well received. DRAFT Town Council Minutes #ax -2014 November 19, 2014 Page 5 Tollini asked whether a traffic roundabout had been explored for the intersection at Trestle Glen Boulevard and Tiburon Boulevard. Town Manager Curran said this concept had been explored numerous times. She said there were problems inherent in installing a roundabout in that location due to the size of the bend and poor visibility on the curve and hill. In addition, she said the cost was enormous and could even be more problematic than the current configuration in that it might worsen traffic movement. Curran also noted that Tiburon Boulevard goes from four lanes to two lanes at that intersection. Ultimately, she said the capacity problem was the main issue at that location. She said it had been discussed most recently by the CART committee. As a result of these discussions, Curran said CalTrans was giving more "green time" to the light there. Councilmember O'Donnell commented that this might be one of the worst intersections in the County. Town Manager Curran agreed, noting the blind turns in both directions. There were no further comments from the Council. Mayor Fredericks asked if there was any public comment. There was none. MOTION: To adopt the resolution as presented. Moved: O'Donnell, seconded by Fraser Vote: AYES: Unanimous 2. Alta Robles Precise Development Plan — Consider request for time extension of an approved Precise Development Plan for a 14 -unit single family residential project on approximately 52 acres of land (Planning Manager Watrous) Address: 3825 Paradise Drive AP Nos.: 039-021-13 and 039-301-01 Director Anderson said that in 2012 the Town Council had approved the Alta Robles Precise Development Plan for the eventual subdivision of 52.2 acres of land, currently developed with one single-family dwelling, into 14 single-family residential lots. He said this approval was set to expire early next year. Anderson noted that the applicants intended to file an application around Thanksgiving but that staff would not be able to complete processing of the application in the time that remained. Director Anderson said that the conditions of approval require that the Precise Development Plan approval shall be valid for thirty-six (36) months following its effective date, and shall expire unless a time extension is granted or a tentative subdivision map has been approved. As a tentative map has not yet been granted, he said the applicants have requested an 18 -month time extension for the Precise Development Plan while they continue to prepare the materials necessary for the tentative subdivision map application. DRAFT Town Council Minutes #xx -2014 November 19, 2014 Page 6 Anderson said the Planning Commission held a hearing last month and recommended approval of the 18 -month time extension. Mayor Fredericks opened the hearing to public comment. Daniel Rabin said he and his family remained excited about the project but that due to the passing of their father, they had needed some time to deal with this, as well as to settle his estate. He said they were now refocused and were working to finalize the Tentative Map which would be filed shortly. He said an extension would be very helpful and thanked the Council for its consideration. There was no further public or Council comment. MOTION: To adopt the resolution as presented. Moved: O'Donnell, seconded by Tollini Vote: AYES: Unanimous ACTION ITEMS 1. Legal Services — Discuss process for considering legal service alternatives after current Town Attorney's retirement in 2015 (Town Attorney Danforth) In her report, Town Attorney Danforth outlined the different options for filling her position after her retirement. These options would include retaining an outside law firm, an in-house attorney, or a combination of both. She recommended the formation of a committee to explore these options; ultimately, she said she hoped it would result in the hiring of a skilled and accessible attorney for the Town. Councilmember Tollini and Mayor Fredericks volunteered to serve on the ad hoc committee. The Council ratified their selection. TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT None. WEEKLY DIGESTS • Town Council Weekly Digests November 7 & 14, 2014 DRAFT Town Council Minutes #xx -2014 November 19, 2014 Page 7 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 8:10 p.m. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #ax -2014 November 19, 2014 Page 8 TOWN COUNCIL MINUTES CALL TO ORDER Cc -z Mayor Fredericks call ere - eeting of the Tiburon Town Council to order at 7:30 p.m. on Wednes December 3, 2014, Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, C ' ornia. ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Totlini PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Assistant Planner O'Malley, Director of Public Works/Town Engineer Barnes, Police Chief Cronin, Police Captain Hutton, Management Analyst Creekmore, Town Clerk Crane Iacopi ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Fredericks said there was no closed session. ORAL COMMUNICATIONS WITIM CONSENT CALENDAR Town Council Minutes — Adopt Minutes of November 5, 2013 Meeting (Town Clerk Crane Iacopi) 2. Annual Appointments List —Adopt Annual List of Appointments made by Town Council in 2014 pursuant to state law (Town Clerk Crane Iacopi) 3. Agreement with Marin Sanitary District No. 5 — Approve Agreement between Town and Marin Sanitary District No. 5 formalizing practice of mutual waivers of fees and charges _._(Town Manager Curran) D Town Council Minutes #ax -2014 December 3, 3014 Page I MOTION: To adopt Consent Calendar Item Nos. I through 3, as written. Moved: Fraser, seconded by Tollini Vote: AYES: Unanimous ACTION ITEMS: REORGANIZATION OF TOWN COUNCIL 1. Remarks by Outgoing Mayor (Mayor Fredericks) Mayor Fredericks said she was proud to serve as Mayor over the last year with a Council that had been responsive, respectful, collaborative, and connected to the community. She said the Town was experiencing change which would continue into the future. She noted the imminent retirement of 33 -year veteran Police Captain David Hutton, whom she described as not only a true community policeman but a civic leader who contributed countless hours to make town events fun and functional. She also noted the recently -announced retirement of Town Attorney Ann Danforth who, in addition to her expertise in land use law, has provided guidance to the Council through many challenging lawsuits while helping to avoid others. Fredericks listed some of the projects and accomplishments of the Council such as the Tiburon Boulevard median planting, its ongoing pursuit of undergrounding of utilities; supporting the County process on the Martha project so Tiburon might keep one of the most iconic sections of its ridgeline; the formal opening of the Dairy Knoll facility; and implementing strategies to minimize and reduce pension liabilities while maintaining service levels. She said that the Council continues the work to control congestion on Tiburon Boulevard. 2. Election of Mayor —The outgoing Mayor will entertain nominations for the Office of Mayor and conduct the election. Councilmember O'Donnell said that Frank Doyle was not only a personal friend but was a part of a family that had served the community well over the years. O'Donnell also said he had the pleasure of serving with Frank on the Design Review Board, and commended him for the creative way he had addressed the issues that had come before that board. He also noted that Frank had gone on to serve on the Planning Commission before being elected to the Town Council. He especially noted that Frank's approach to solving problems was to "make things fun". MOTION: To appoint Frank Doyle as Mayor. Moved: O'Donnell, seconded by Tollini Vote: AYES: Unanimous Town Clerk Crane Iacopi asked for the floor. She said that the Mayor of Freehold, New Jersey had contacted the Town about the Mayor's appointment, and asked that a resolution be read into the record. DRAFT Town Council Minutes ku -2074 December 3, 2014 Page 2 The Town Clerk read the text of the document, entitled, "Resolution of the Mayor of the Borough of Freehold Honoring Francis X. Doyle": "Whereas, Francis X. Doyle is a former resident of Freehold Township, a graduate of St. Rose of Lima School, Freehold, New Jersey; Christian Brothers Academy, Lincroft, New Jersey, and Northeastern University, Boston, Massachusetts; and Whereas, Frank Doyle has served his community as a member of the Tiburon Town Council and as Vice Mayor of the Town of Tiburon, California; and Whereas, Frank Doyle will [likely] be appointed Mayor of Tiburon at its reorganization meeting to be held on Wednesday, December 3, 2014; and Whereas, Frank Doyle has been a lifelong friend of this Mayor, having introduced Nolan Higgins to his wife, the former Christine Seery, over 39 years ago; Now, therefore, be it resolved that Freehold Borough Mayor J. Nolan Higgins extends his best wishes and congratulations to his longtime friend, the Honorable Francis X. Doyle as he begins his tern of office as Mayor of the Town of Tiburon, California. Signed/J. Nolan Higgins, Mayor, November 25, 2014". Mayor -elect Doyle accepted the resolution from the Town Clerk. 3. Election of Vice Mayor— The new Mayor will conduct the election of Vice Mayor. Councilmember Fraser said that Councilmember Tollini had served the community as a Planning Commissioner prior to joining the Town Council. He said that she brought new energy and vibrancy to her role and that he would like to nominate her to the position of Vice Mayor. MOTION: To appoint Erin Tollini as Vice Mayor. Moved: Fraser, seconded by Fredericks Vote: AYES: Unanimous 4. Town Council Comments — The Council may share any additional comments at this time. After taking his seat at the dais, Mayor -elect Doyle asked the Council if anyone had any additional comments. Councilmember O'Donnell thanked outgoing Mayor Fredericks for her tremendous representation of the Town on the many regional boards and commissions on which she has served and continues to serve. He mentioned her Chairmanship of the Transportation Authority of Marin, the MCCMC Legislative Committee, and others. DRAFT Town Council Minutes #xx -2014 December 3, 2014 Page 3 Councilmember Fraser seconded this, wondering how Fredericks found enough hours in the day to do the amount of research she does for both her role as Councilmember, as well as for the regional boards. On a personal note, he said that if ever stumbled on an issue, Alice was always there to help him right himself. Fraser especially thanked the outgoing Mayor for her tremendous job in chairing the Town's 506' Anniversary Committee. He said the celebration went off without a hitch due to the tremendous amount of time and effort of everyone involved, and her direction of that committee. Vice Mayor -elect Tollini thanked Fredericks for making her feel welcome during her first year on the Council, and for her continued leadership and guidance. Mayor -elect Doyle said he sometimes read Mayor Fredericks' notes while sitting next to her at the dais and was impressed by the massive amount of information and material she had prepared. Doyle noted he first met Fredericks during his interview for the Design Review Board; he said that she has "always been there for me." 5. Town Council Photograph — Photographer Diane Smith will photograph the new Council. Photograph taken after the meeting adjourned. TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT Discussion of Meeting Recess: Cancellation of December 17, 2014 regular meeting; January 2015 meeting schedule. There was no discussion. WEEKLY DIGESTS • Town Council Weekly Digests —November 21 & 28, 2014 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 7:50 p.m. FRANK DOYLE, MAYOR -ELECT DRAFT Town Council Minutes #xx -2014 December 3, 2014 Page 4 ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #=-2014 December 3, 2014 Page 5 To: From: Subject: Reviewed By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting January 21, 2015 Agenda Item: 02---3 Announcement of Vacancies on Town Boards, Commissions & Committees Town Council Resolution No. 16-2007 (Appointments Procedure) requires that the Mayor announce pending vacancies on Town boards, commissions and committees at the first regular meeting of the New Year. A notice is subsequently published in the Ark newspaper and posted at Town Hall and the Belvedere -Tiburon Library for the purpose of informing the public of these vacancies and to seek applicants to fill the positions. Commissioners whose terms are expiring in 2015 will be notified by the Town Clerk of their term expirations and asked whether they are interested in seeking reappointment. Due consideration will be given to incumbent commissioners, however, the Council is required to interview all new applicants, pursuant to Resolution No. 16-2007. An exception to this rule is for commissioners who have served terms of less than two years in duration; the Council is not required to interview new applicants for these pending vacancies, if the incumbent seeks reappointment to the position. The attached Notice of Current & Pending Vacancies itemizes all of the known vacancies to which the Council will make appointments in 2015. RECOMMENDATION Staff recommends that the Town Council: 1. Announce the pending vacancies in 2015 on Town boards, commissions and committees by adoption of this report on the Consent Calendar; 2. Direct staff to publish and post the notice of pending vacancies in accordance with Town policy. Exhibit: Notice of Pending Vacancies on Town Boards, Commissions & Committees beginning in January 2015 Prepared By: Diane Crane lacopi, Town Clerk TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES On Town Boards, Commissions & Committees January 2015 BELVEDERE-TIBURON LIBRARY AGENCY BOARD BUILDING CODE APPEALS BOARD DESIGN REVIEW BOARD HERITAGE & ARTS COMNESSION PARKS, OPEN SPACE & TRAILS PLANNING COMMISSION THE RANCH (Belvedere -Tiburon R. Recreation Committee) The following vacancies on Town Boards, Commissions and Committees are current or pending in 2015. Pursuant to Resolution No. 16-2007, the Tiburon Town Council will conduct interviews of interested applicants beginning in February 2015. Current commissioners whose terms are expiring may seek re -appointment for another term; commissioners who have served terms of less than two years are eligible for automatic re- appointment. Most Town appointments are made for four-year terms, effective March 1. Other terms are stated in the agency's by-laws, for instance, the Belvedere -Tiburon Library Agency terms are for three years and expire at the end of June. Applicants should be residents of the Town of Tiburon and have the time, interest and desire to serve on the board or commission, including attendance at regular monthly meetings and other activities. Some commissions, such as the Heritage & Arts Commission, are comprised of residents of both Tiburon and Belvedere, or the Tiburon Peninsula. Applications can be obtained at Town Hall, 1505 Tiburon Boulevard, or from the Town's website, ti+ninay.tou,noftiburon.org (click on "Useful Forms"). You may also contact Town Clerk Diane Crane Iacopi at dcraneC@toN,nofiburon.org (tel: 435-7377) for more information. TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES ON BOARDS, COMMISSIONS & COMMITTEES JANUARY 2015 BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF TRUSTEES Appointee Appointed Term Expires • Tom Gram June 2012 6/30/15 BUILDING CODE APPEALS BOARD Appointee Appointed Term Expires • Mark Swanson February 2012 2/28/15 • David Kallmeyer April 2012 2/28/15 DESIGN REVIEW BOARD Appointee Appointed Term Expires , • Linda Emberson July 2010 2/28/15 • John Kricensky March 2009; 2011 2/28/15 HERITAGE & ARTS COMMISSION • Marlene Halden Rice March 2007; 2011 2/28/15 • Phillip Ramirez April 2013 2/28/15 MARIN-SONOMA MOSQUITO ABATEMENT BOARD Appointee Appointed Tern: Expires • Roger Smith 1994 (served thru Aug. 2014) 12/31/14** PARKS, OPEN SPACE & TRAILS Appointee Appointed Term Expires • Peter Winkler June 2008; 2012 2/28/15 PLANNING COMMISSION Appointee Appointed Term Expires • Erica Williams May 2014 2/28/15* THE RANCH (Belvedere -Tiburon Jt. Recreation Committee) Appointee Appointed Tern: Expires • Jerry Riessen Oct. 1992 (continuous service) 2/28/15 • Jane Jacobs Nov. 2008; Feb. 2013 2/28/15 *Appointees who have served terms oft years or less are eligible for automatic reappointment pursuant to Town Council Resohrtion No. 16-2007. **No set term limit Copies to: The Ark (for publication on Januan, 21 & 28, 2015) Courtesy copy to: The Marin Independent Journal Notice Posted at Tiburon Town Hall and Belvedere/Tiburon Library ~ TOWN OF TIBURON Town Council Meeting 1505 Tiburon Boulevard January 21, 2015, Tiburon, CA 94920 Agenda Item: CC - To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Administrative Services Department Investment Summary — December 2014 Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended December 31, 2014. ANALYSIS December 2014 Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $20,629,083.25 0.267% Liquid Fund (LAIF) Housing note to $ 800,000.00 0.260% Based on Town Manager Contract Money Market $ 100,000.00 0.10% Liquid (Bank of Marin) Total $21,529,083.25 The total funds invested at the end of the prior month were $19,919,083.25; therefore the Town's investments increased $1,610,000 in December 2014. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing — safety, liquidity and yield in this respective order. I; F K��IuTl�1`►I�S�LI Staff recommends that the Town Council: Move to accept the Investment Summary for December 2014 Prepared By: Heidi Bigall, Director of Administrative Services TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Administrative Services Department Town Council Meeting January 21, 2015 Agenda Item: CCC ^5 Recommendation to Accept and File the FY 2013-14 Basic Financial Statements and Independent Auditor's Report 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, 2014. 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 disclosures 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, 2014. The Town's Basic Financial Statements provide a comprehensive 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 State of Net Position (page 12). Net assets are a good indicator of the Town's financial position. The Town ended FY 2014 with approximately $55.51 million in net assets, an increase of $2.24 million over the previous fiscal year. 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 Fund. The balance sheet on page 39 of the audit report provides information on each of the funds 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, 2014 was $12,685,059 as compared to $11,139,144 as of June 30, 2013, or an increase of $1,545,915. TOWN OF TI uRON PAGE 1 OF 2 Town Council Meeting Ja1uarz121. 'Ul 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, 2014. 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. FINANCIAL IMPACT There is no fiscal impact to the Town by having the Council accept this financial audit report. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Fiscal Year 2013-14 annual financial audit as prepared by Marcello & Company, C.P.A.'s. Exhibits: Report and General Purpose Financial Statements of the Town of Tiburon for Fiscal Year ended June 30, 2014 Prepared By: Heidi Bigall, Director of Administrative Services "\ op Tjiwp 1A Pate 2 of 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Police Department Town Council Meeting January 21, 2015 Agenda Item: cC_ /_ Recommendation to Adopt Resolution Commending Captain David M. Hutton for 33 years of Service with the Town of Tiburon On December 31, 2014, Captain David M. Hutton retired from the Town of Tiburon following 33 years of service. Attached is a resolution of appreciation. RECOMMENDATION Staff recommends that the Town Council adopt the resolution commending Captain Hutton for his 33 years of service with the Town of Tiburon. Exhibit: Resolution Prepared By: Michael J. Cronin, Chief of Police TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION No. xx-2015 A Resolution of the Town Council of the Town of Tiburon Commending Captain David Michael Hutton upon his retirement from the Tiburon Police Department WHEREAS, David (Dave) Michael Hutton began his career as a police officer with the Town of Tiburon on July 1, 1981 following five years of service with the Pacifica Police Department and the EI Cerrito Police Department; and WHEREAS, Dave has served with distinction in a variety of assignments during his thirty three years in Tiburon; first as a patrol officer and later as a field training officer, corporal sergeant, lieutenant and captain, and for a period of time in 2006 and 2007, Interim Police Chief; and WHEREAS, Dave developed a deep understanding of Tiburon and in particular, the role residents expect policeto play in serving the community and, as his authority and responsibilities grew so did his ability to share his vision with his co-workers; something he did with a quiet persistence that personified his style of leadership; and WHEREAS, Dave, a man steeped in the concept of principle -based leadership honed through years of association with the Sherman Block Supervisory Leadership Institute, led by daily examples of integrity and ethical behavior, characteristics evidenced by innumerable letters of appreciation and commendations from police chiefs, council members, business leaders, residents, and visitors alike; and WHEREAS, Dave's commitment to the Town of Tiburon went well beyond his job as a police officer, extending into community activities where his fairness, impartiality and integrity as Coach Hutton during years in local Little League Baseball earned him the role of Little League Commissioner, an experience later repeated upon his election by fellow Rotarians as President Hutton of their Rotary, and WHEREAS, Dave remains an exampleof the highest standards of professional conduct, ethical behavior and commitment to the principles of community policing in meeting the goals of the Town Council, the needs of his co-workers and the wishes and expectations of Tiburon residents: NOW THEREFORE, the Town Council of the Town of Tiburon does hereby heartily thank, commend and congratulate Captain David Michael Hutton for his 33 years of exemplary service to the Town of Tiburon. He will be greatly missed by his co-workers and the Tiburon community. PASSED AND ADOPTED at the Town Council on January 21, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Doyle; Tollini, Fredericks, Fraser, O'Donnell, ABSENT: COUNCILMEMBERS: None FRANK DOYLE, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of Town Council Community Development Department Town Council Meeting January 21, 2015 Agenda Item: Cc - Resolution Commending Building Inspector George Dailey on his Retirement from the Town of Tiburon Building Inspector George Dailey has retired from the Town of Tiburon, effective January 15, 2015, after nearly seven years of service. The Town thanks him for his service, congratulates him on his retirement, and wishes him well in all future endeavors. A resolution to that effect has been prepare and is attached. RECOMMENDATION Adopt the Resolution. EXHIBIT 1. Draft Resolution. Prepared By: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION No. XX -2015 A Resolution of the Town Council of the Town of Tiburon Commending Building Inspector George Dailey on the Occasion of his Retirement from the Town of Tiburon WHEREAS, George Dailey began work for the Town of Tiburon in February 2008 after a previous career in construction and in the building inspection field as both a building inspector and building official for various jurisdictions in California; and WHEREAS, George's extensive experience and wealth of certifications and credentials in the field of building inspection, including that of a Certified Access Specialist, brought a new and higher level of building inspection to the Town of Tiburon; and WHEREAS, George performed thousands of inspections during his tenure, providing valuable advice and guidance to homeowners, builders, contractors, and many others involved with the building trades in the Town of Tiburon; and WHEREAS, George will be missed by fellow employees for his stalwart dedication, lifetime of hands-on experience in the construction and inspection fields, and encyclopedic knowledge of construction codes; and WHEREAS, George's professionalism, dedication and work ethic set a shining example for those who may follow him in service to the Town; and WHEREAS, George has announced his retirement from the Town in order to move in other directions, for which we extend him our best wishes in all future endeavors. NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON, on behalf of all its citizens, does hereby commend, congratulate and sincerely thank Building Inspector George Dailey for his seven years of exceptional service on the occasion of his retirement. Passed and Adopted at the Town Council on January 21, 2015, by the following vote: AYES: Doyle, Fraser, Fredericks, O'Donnell, Tollini NAYS: None ABSENT: None ATTEST: DIANE CRANE IACOPI, TOWN CLERK FRANK DOYLE, MAYOR TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed by: BACKGROUND Mayor & Members of the Town Council Community Development Department Town Council Meeting January 21, 2015 Agenda Item: CC -Y Recommendation to Accept Annual Reporting of Development Impact Fees Pursuant to the California Government Code Similar to most cities and counties in California, the Town of Tiburon imposes public facilities fees on development projects during the approval process. Certain of these fees are categorized as "development fees" under Section 66000 et seq. of the California Government Code. Section 66006 of that code requires that specific data regarding development fees is made available to the public within 180 days following the end of each fiscal year, with a public meeting held on the matter at the next regularly scheduled meeting following release of the data. This report sets forth the required annual data reporting for the Town's development fee accounts for Fiscal Year (FY) 2013-2014, which closed on June 30, 2014. ANALYSIS The Town of Tiburon imposes four categories of fees that could qualify as development fees. These categories are 1) traffic impact fees 2) street impact fees 3) affordable housing in -lieu fees and 4) stormwater runoff fees. Park and recreation in -lieu fees, which the Town also collects, are not defined as development fees in the statute. Reporting data for each of the Town's development fee categories is shown below. Traffic Mitigation Fees Traffic mitigation fees have been collected by Town since 1980; the two current fee accounts were established in 1996, each addressing different portions of the Tiburon Planning Area. In March 2007, an updated Traffic Mitigation Fee Schedule based on projections from the Town's General Plan Tiburon 2020 went into effect. The Town Council received a mandatory five-year report on these funds in January 2012 and made findings regarding the future use of unexpended funds in these accounts; the next five-year review is scheduled for January 2017. The two traffic mitigation accounts and the required data for this annual report are as follows: Circulation System Improvement Fund (CSIF): This fund contains the collected exactions for construction of public traffic improvements in the incorporated portions of the Tiburon Planning Area.. The fee varies depending on the location of the project in relation to intersections Tmvn Cnun.il Mccunl- lanuary'_l. 20li identified in the General Plan Circulation Element as requiring improvement. The fee varies from $0 per PM peak trip to $5,278 per PM peak trip. TIBURON CIRCULA Fund Balance, July 1, 2013 Revenues: Fees Collected Interest Income TOTAL REVENUES Expenditures: TOTAL EXPENDITURES Fund Balance, June 30, 2014 SYSTEM IMPROVEMENT FUND $5,603 $1 $39,416 $5,604 $(0) 020 In the adopted FY 2014-15 budget there are no planned expenditures identified from this account. No inter -fund loans or transfers occurred from this account for FY 2013-14 and no refunds from this account were issued in FY 2013-14. Planning Area Mitigation Fund (PAMF): This fund contains the collected exactions for public traffic improvements in portions of the Tiburon Planning Area outside of the Town's corporate limits. The fee varies depending on the location of the project in relation to intersections identified in the General Plan Circulation Element for improvement. The fee varies from $0 per PM peak trip to $361 per PM peak trip. TIBURON PLANNING AREA MITIGATION FUND Fund Balance, July 1, 2013 $181,310 Revenues: Fees Collected $412 Interest Income $262 TOTAL REVENUES $674 Expenditures: $0 TOTAL EXPENDITURES $(0) Fund Balance, June 30, 2014 $181 The FY 2014-15 Town budget does not contain any planned expenditures from this account. Additional future projects to which these funds would be contributed include a ni-DBvizoN 7 of 5 Town Council Meeting January 21, 2015 merge/acceleration lane at the Tiburon Boulevard/Cecilia Way intersection and capacity improvements at the Tiburon Boulevard/Redwood Highway Frontage Road intersection. These improvements are set forth in the General Plan Circulation Element, but are likely to be at least five years away. The cost of these improvements will exceed funds available at this time. No inter -fund loans or transfers occurred in this account for FY 2013-14 and no refunds from this account were issued in FY 2013-14. StreetlmpactFee The street impact fee went into effect in July 1999. This fee partially off -sets the Town's costs of public roadway maintenance by assessing a fee of 1.0% (.01) on the valuation of all building permits issued by the Town. A project with a $100,000 building permit valuation would therefore be subject to a street impact fee of $1,000. TIBURON STREET IMPACT FUND Fund Balance, July 1, 2013 $1,852,480 Revenues: Fees Collected $440,746 Interest Income $4,402 Refund/Reimbursement $57,000 TOTAL REVENUES $502,148 Expenditures: $759,480 TOTAL EXPENDITURES $(759,480) Fund Balance, June 30, 2014 $1,595,148 EXPENDITURES Projects completed FY 2013-14: Cost % from Fund Annual Pavement Management Program $759,480 100% Miscellaneous Projects $0 Total Projects FY 2013-14 $759,480 For FY 2014-15, the Town has identified in its adopted budget $665,000 in planned street improvement projects to be funded by the Street Impact Fund. The Town maintains a Pavement Management Program (PMP), which analyzes the condition of the Town's streets and suggests appropriate repair/replacement techniques based on this analysis. In 2006, the Town embarked on an aggressive program to eliminate its "failed" street segments, which has been successfully TOWN OFTIMTRON Page 3 of 5 Town Council Meeting January 21, 2015 completed. According to the most recent Pavement Management Program (PMP) update report, the Town's overall Pavement Condition Index (PCI) now stands at 75, up from a PCI of 66 in 2006. No refunds or transfers were issued from this account in FY 2013-2014. The Town Council received a mandatory five-year report on these funds in January 2010 and made findings regarding future use of the unexpended funds. The next five-year report is due in January 2015. Affordable Housinglu-Lieu Fee This fee is collected either at the subdivision map or building permit stage, at the option of the developer. Its revenues are used for the design and construction of permanently affordable housing units or for other actions that would directly preserve, conserve, rehabilitate, or increase the supply of affordable units in the Tiburon Planning Area. The fee is calculated using a formula contained within Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. The formula contains several variables (such as interest rates) and the amount of the fee can vary over time depending on these variables. Generally, at the current time, the in -lieu fee amount is approximately $405,000 for each required affordable unit that is not built, dependent upon prevailing interest rates and other variables at the time of calculation. A project creating 12 or more units or lots would be responsible to provide 20% affordable units or pay the resulting in - lieu fee. Projects that create 7 through 11 units would be responsible for providing 15% affordable units or pay the resulting in -lieu fee. Projects that create 2 through 6 new lots or units pay a prorated share of the in -lieu fee for a single affordable unit. For example, a 6 -unit project would pay 0.9 (15% X 6 units = 0.9) of the in -lieu fee. It is unclear whether affordable housing in -lieu fees are a "development fee" as defined in state law; however, the following information is public record. AFFORDABLE HOUSING IN -LIEU FUND Fund Balance, July 1, 2013 $1,078,494 Revenues: Reimbursements $159,750 Interest Income $3,391 TOTALREVENUES $170,174 Expenditures: Bank Fees $264 Marin Housing JPA $10,853 Legal Expenditures $0 TOTAL EXPENDITURES $(11,117) Fund Balance, June 30, 2014 $1,233,524 of TIBURON Page 4 Town Council Meeting januan 31.'_015 The Town Council received a mandatory five-year report on these funds in January 2011 and made findings regarding future use of unexpended funds in this account. The next such report will be due in January 2016. For FY 2014-15 the Town has $21,190 in expenditures planned from the Affordable Housing In - Lieu Fund, primarily for Marin Housing Authority -related services and an annual contribution to the Homeward Bound program for homeless persons. Several affordable housing sites are identified in the Housing Element of the Tiburon General Plan, and as developers move forward with actual projects, the housing in -lieu funds collected will be expended toward affordable housing projects. No inter -fund loans or transfers occurred in this account for FY 2013-14, and no refunds from this account were issued in FY 2013-14. Storm water RunoffFee The Town began collecting stormwater runoff fees, also known as impervious surface fees, in 2005. The stormwater impact fee helps recover the costs of upgrading the Town's public storm drain system to accommodate additional runoff caused by new construction. The fee is $1.00 per square foot of new impervious surface created by construction projects. The Town Council received a mandatory five-year report on these funds in January 2011 and made findings regarding the use of unexpended funds in this account. The next such report will be due in January 2016. STORMWATER RUNOFF FUND Fund Balance, July 1, 2013 $7,995 Revenues: Fees Collected $61,929 Interest Income $17 TOTAL REVENUES Expenditures: $61,946 Storm Drainage Improvements $0 Railroad Marsh Maintenance $0 TOTAL EXPENDITURES $(0) June 30, 2014 For FY 2014-15 the Town has no expenditures planned from the Storm Water Runoff Fund. No inter -fund loans, transfers, or refunds were issued to or from this account in FY 2013-14. RECOMMENDATION Staff recommends that the Town Council accepts this annual report. No other action is required. Prepared By: Scott Anderson, Director of Community Development Page 5 et 5 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject:. Reviewed by: BACKGROUND Mayor & Members of the Town Council Community Development Department Town Council Meeting January 21, 2015 _ Agenda Item: CC Recommendation to Adopt A Resolution Making Mandatory Findings Regarding Street Impact Development Fees For approximately fifteen years, the Town of Tiburon has assessed street impact fees in conjunction with building permits in order to partially offset the cost of roadway damage caused by construction activity. The Town began collection of street impact fees in FY 1999-2000, pursuant to Town Council Resolution No. 3330, effective July 5, 1999. State law requires that during the fifth fiscal year following deposit of the first fee deposited in such accounts, and every five years thereafter, the legislative body must make certain findings regarding the unexpended funds. The Town Council most recently made such findings in January, 2010. This report sets forth the status of the Town's street impact fee account and makes the findings required by state law for the five year period following the close of the FY 2008-2009 budget, i.e. through the close of FY 2013-2014. ANALYSIS State law requires the following topics to be addressed, and findings made, with respect to unexpended funds in the Town's street impact fee account. In making the findings, reference to existing public documents containing the pertinent information is allowed under the State law. 1. Purpose of the Fee The Town Council finds that the purpose of the fees is to maintain the Town's public street system by partially off -setting the cost of road maintenance and repair caused by construction activity. 2. Reasonable Relationship Between the Fees and the Purpose for which they are Charged All street impact fees are based on the valuation of the construction project that generates the construction traffic that will damage and degrade the Town's public street network. The Town Council finds that the justification and the mechanism for calculating fees are adequately set forth in the Staff Report dated May 5, 1999 and the associated Town Engineer Analysis dated April 22, Town Council Meeting January 21, 2015 1999, and in the study prepared by Hilton, Famkopf & Hobson, LLC dated October 4, 2004, all of which are available for public review at Tiburon Town Hall. 3. Sources and Amounts of Funding Anticipated to Complete Financing of Improvements Overlay, repair, and, where necessary, reconstruction of the Town's public street network is an ongoing process. The Town combines street impact fee revenues with state gas tax monies, general fund revenues, federal grants, and other sources in an effort to maintain the Town's street network. The Town of Tiburon periodically performs a Pavement Management Program (PMP) update, the most recent of which is dated March 29, 2013. The PMP Update Final Report is available for review at Tiburon Town Hall. The Town of Tiburon maintains approximately 33.1 centerline miles of pavement, equating to 64.62 lane miles, divided between arterials, collectors and local streets. The Town's Pavement Condition Index (PCI) is currently about 75 on a 100 - point scale, with 0 being a failed street and 100 being a new street. In 2005, the Town's PCI was 62, at the low end of "Good" condition. A PCI below 50 is considered "Poor" condition and a PCI of 70 is the low end of "Very Good" condition. Years ago the Town established a PCI goal of 70, which has been surpassed over the last several years. The PMP identifies a current "backlog" of pavement maintenance and rehabilitation at about $5.8 million. The Town's current annual budget goal for street maintenance and repair (from all sources) is $925,000, of which approximately $665,000 is from the street impact fund. The PMP projects that at an expenditure rate of $1.9 million per year the Town could achieve a PCI of 85 at the end of a 5 -year cycle and decrease its backlog of pavement maintenance to under $1 million at the end of the cycle. The Town Council finds that the ongoing collection and expenditure of street impact fees will help to slow the deterioration of the public street system and continue to raise the PCI. The current balance of $1,595,148 unexpended in the account as of 7/1/2014 reflects a drop from over $1.8 million at the end of the prior fiscal year. Over the past five fiscal years, the Town has expended more from this account than has been received in revenue for the account. 4. Approximate Dates When Necessary Funding is Anticipated to be Deposited The Town Council finds that street repair and maintenance resulting from construction -related damage is an ongoing process. As long as new construction, remodeling, and other construction - related activity occurs in the Town, street damage will result. Street impact fees are generally expended within 2 to 3 years of collection. STATUS REPORT ON SPECIFIC STREET IMPROVEMENTS In FY 2013-2014 the Town expended $759,480 from the Street Impact Fund for maintenance and/or rehabilitation of various streets. The Town has budgeted $665,000 from the Street Impact Fund for street rehabilitation as part of its Capital Improvement Budget for FY 2014-2015. The FY 2014-2015 street rehabilitation expenditure program includes the following streets: Lyford Drive (portion), Rock Hill Road (portion), Hawthorne Drive (entirety). TOWN OF TIBURON Town Council Meeting January 21, 2015 The work is anticipated to begin in late spring 2015 but cavy over into the next fiscal year for completion. RECOMMENDATION Staff recommends that the Town Council take any public testimony and adopt the resolution (Exhibit 1) making the required findings. EXHIBITS 1. Draft Resolution. Prepared by: Scott Anderson, Director of Community Development-; ` / TOWNOFTIBURON Page 3 of 3 RESOLUTION NO. XX -2015 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MAKING CERTAIN FINDINGS REGARDING FEES COLLECTED FOR STREET IMPACT PURPOSES The Town Council of the Town of Tiburon does hereby resolve as follows: WHEREAS, for the past several years, the Town of Tiburon has assessed street impact fees in conjunction with building permits in order to partially offset the cost of roadway damage caused by construction activity; and WHEREAS, the Town began collection of its street impact fee in FY 1999-2000, pursuant to Town Council Resolution No. 3330, effective July 5, 1999; and WHEREAS, the Town of Tiburon has collected street impact fees since adoption of Resolution 3330 in 1999, and as subsequently amended by adoption of Resolution 15-2005 on April 16, 2005. Pursuant to the California Government Code, the Town Council is required to make certain findings relative to unexpended funds collected for such purposes after the fifth fiscal year in which the initial deposit is made and every five years thereafter; and WHEREAS, the Town Council most recently made such findings at its meeting on January 6, 2010; and WHEREAS, the Town has prepared the required documentation regarding the unexpended fees and such documentation has been available for public review for at least fifteen (15) days; and WHEREAS, the Town Council received the required documentation in the form of a Staff Report prior to its meeting of January 21, 2015 and held a public hearing on the matter on January 21, 2015. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby make the following findings relative to its unexpended street impact fees. 1. Purpose of the Fees. The Town Council finds that the purpose of the street impact fees is to partially offset the costs of maintenance and repair of Town - maintained roadways resulting from damage caused by construction activity. 2. Reasonable Relationship between the Fees and the Purpose for which they are Charged. The Town Council finds that street impact fees are based on the pro rata share of street damage caused by construction activity. The Town Tiburon Town Council Resolution No. XX -2015 —1--12015 I;T�IIBIT NO. ' Council further finds that the justification and the mechanism for calculating fees are adequately set forth in the following documents: Staff Report dated May 5, 1999; Town Engineer Analysis dated April 22, 1999; Study prepared by Hilton Farnkopf & Hobson, LLC dated October 4, 2004, all of which are available for public review at Tiburon Town Hall. 3. Sources and Amounts of Funding Anticipated to Complete Financing of Improvements. The Town Council finds as follows: a. The Town of Tiburon uses its Pavement Management Program to help prioritize street repair and/or reconstruction needs. The current Pavement Management Plan, dated March 29, 2013, is available for review at Town Hall. The Town of Tiburon maintains approximately 33.1 centerline miles of pavement, covering 64.62 lane miles, divided between arterials, collectors and local streets. The Town's Pavement Condition Index (PCI) is currently about 75 on a 100 -point scale, with 0 being a failed street and 100 being a new street. A PCI of 65 is considered the middle range of "Good" condition, while a PCI below 50 is considered "Poor" condition and a PCI of 70 is the low end of "Very Good" condition. The PMP identified a current "backlog" of pavement maintenance/rehabilitation at $5.8 million. The Town's current annual budget goal for street maintenance and repair (from all sources) is approximately $925,000, of which approximately $665,000 is from the street impact fund. The Town Council finds that the ongoing collection and expenditure of street impact fees will help to slow the deterioration of the public street system, increase the overall PCI. The current balance of $1,595,148 unexpended in the account as of 7/1/2014 reflects a decrease from the prior fiscal year ending balance of over $1.85 million. b. Street repair and maintenance resulting from construction -related damage is an ongoing process. As long as new construction, remodeling, and other construction -related activity occurs in the Town, street damage will result. For FY 2014-2015, a total of $665,000 is budgeted from the street impact fund for street maintenance and/or rehabilitation. C. The Town is aware that additional sources of funding, including but not limited to, funds from the State and Federal governments, County of Marin Congestion Management Agency, and Metropolitan Transportation Commission, will be required to supplement the Town's street impact fees in order to maintain the Town's streets in a serviceable condition. Tiburon Town Council Resolution No. XX -2015 /—/2015 2 4. Approximate Dates When Necessary Funding is Anticipated to be Deposited. The Town Council finds that street repair and maintenance resulting from construction -related damage is an ongoing process. As long as new construction, remodeling, and other construction -related activity occurs in the Town, street damage will result. Typically, street impact fees are expended within 2-3 years of collection and are never retained for a period exceeding five years. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, State of California, held this 21 st day of January, 2015, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: FRANK DOYLE, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution No. XX -2015 —1--/2015