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HomeMy WebLinkAboutTC Agd Pkt 2016-01-20TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA Tiburon Town Council January 20, 2016 Regular Meeting - 7:30 p.m. TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Doyle , Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Fraser, Mayor Tollini 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 18, 2015 regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes - Adopt minutes of December 2, 2015 regular meeting (Town Clerk Crane Iacopi) 3. Town Investment Summary -Adopt report for month ending November 30, 2015 (Director of Administrative Services Bigall) 4. Vacancies on Town Boards, Commissions and Committees - Announce pending vacancies in 2016 (Town Clerk Crane Iacopi) 5. Town Council Board and Committee Assignments - Adopt updated list of Town Council committees and board representation for 2016 (Mayor Tollini) 6. Administrative Fine Schedule — Adopt resolution updating the schedule of fines for violations of the Town Code enforced by administrative citation (Community Development Department) 7. Annual Development Fee Report — Receive annual report on the status of the Town's Development Impact Fees pursuant to the California Government Code (Community Development Department) 8. In -lieu Housing Fees — Receive required five-year report of the Town's In -Lieu Housing Fees and adopt resolution making the required findings pursuant to California Government Code (Community Development Department) 9. Stormwater Impact Fees — Receive required five-year report of the Town's Stormwater Impact Fees and adopt resolution making the required findings pursuant to California Government Code (Community Development Department) 10. Las Lomas Lane Pedestrian Easement — Consider acceptance of a Grant of Easement for Public Pedestrian Access from William and Susan Lukens over an undeveloped portion of Las Lomas Lane; property adjacent to Assessor Parcels 059-121-08, 059-122-56 and 57, in the vicinity of Centro West Street at Las Lomas Lane (Community Development Department) 11. Point Tiburon Bayside Stairs (Mar West Street near Las Lomas Lane) — Consider approval of an agreement for acquisition of a Public Pedestrian Easement over the Point Tiburon Bayside Condominium Association Common Area and for use and maintenance of a stairway leading down from Mar West Street to the Common Area; authorize Town Manager to execute the agreement; authorize a budget amendment for the easement purchase (Community Development Department) 12. Associate Civil Engineer position — Recommendation to reclassify vacant Engineering Technician position to Associate Civil Engineer (Department of Public Works/ Administrative Services Department) ACTION ITEMS 1. Golden Gate Bridge, Highway and Transportation District Route 8 — Receive report from GGBHTD Planning Director regarding commuter Route 8 bus service and commuter ferry service (Mayor Tollini) 2. Yellow School Bus Program — Consideration of future options for funding the Yellow School Bus Program and formation of a joint powers authority (Vice Mayor Fraser/Councilmember O'Donnell/Town Manager Chanis/Town Attorney Stock) 3. Regulation of Firearms — Discussion of options for the Tiburon Town Council to consider regarding amendments to Chapter 32 of the Town Code (Mayor Tollini/Vice Mayor Fraser) PUBLIC HEARINGS 1. 145 Rancho Drive — Request to amend Cypress Hollow Precise Development Plan (PD#45) to create a secondary building envelope (Community Development Department) Owners/Applicants: Rapport Investment Group, LLC Assessor Parcel No.: 034-392-10 2. 35-37-39 Lyford Drive — Request to amend 35-37-39 Lyford Drive Precise Development Plan (PD#35) and approve a condominium use permit (Community Development Department) Owners/Applicants: Richardson Bay Land Company Assessor Parcel No.: 058-301-49 TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests December 4, 11 & 25, 2015 • Town Council Weekly Digests January 8 & 15, 2016 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere -Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability -related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. CC TOWN COUNCIL MINUTES SPECIAL CLOSED SESSION MEETING The Tiburon Town Council held a special meeting on Wednesda , November 18, t 6:15 p.m., to discuss the following: CLOSED SESSION 1) Public Employee Appointment (Cal. Gov. Code § 54957(b)) Title: Town Manager 2) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: Five potential cases CALL TO ORDER At 7:30 p.m., in public session, Mayor Doyle asked the Clerk to call the roll for the special meeting. PRESENT: Councilmember Fraser, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Tollini, Mayor Doyle ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Doyle said that while there was no reportable action taken by the Town Council on any of the closed session items, the Council provided direction to the Town Manager Recruitment Committee to negotiate on the Council's behalf a town manager employment agreement that will hopefully be brought forward for consideration before the full Town Council at its December 2 regular meeting. ADJOURNMENT — to rekular meeting REGULAR MEETING CALL TO ORDER AND ROLL CALL Mayor Doyle called the November 18, 2015 regular meeting of the Tiburon Town Council to order at 7:30 p.m. and asked the Clerk to call the roll. CDRAFT flown Council Minuses #xx -2015 November 18, 2015 Page 1 PRESENT: PRESENT: COUNCILMEMBERS: EX OFFICIO: Doyle, Fraser, Fredericks, O'Donnell, ToIlini Town Manager Curran, Town Attorney Stock, Director of Administrative Services Bigall, Director of Community Development Anderson, Chief of Police Cronin, Town Clerk Crane Iacopi ORAL COMMUNICATIONS None. PRESENTATION • The Ranch Annual Report — Cathleen Andreucci, Executive Director Director Cathleen Andreucci presented the annual report, stating that they are "doing great". She especially noted how well the new Dairy Knoll facility was working out for everyone. She thanked the Council for its support in building the facility. In her power point presentation, Andreucci reviewed the programs presented to the community from Tots, to Youth (K -5th Grade), to Teens (6-12`h grade). She said the latter category was very well served with 50-60 teens in attendance at the Friday night program, as well as the volunteer program. Andreucci said that the numbers of attendees at the Angel Island Camps were up, as were the number of attendees in Adult Programs. The Director described the community events sponsored or assisted by The Ranch, such as Breakfast with Santa, Father -Daughter Dance, Walk Your History (with Landmarks), Mah Jongg tournaments, and Summertime on Main. She said these programs were in the "break even" or loss category. Others, such as the Labor Day Parade, Tiburon Half Marathon, Golf Tournament, and Tiburon Taps Beer Festival, generated income for the department. Ms. Andreucci reviewed the 10 -year financial history of the department and reported that this year The Ranch would be close to covering all its costs. She noted that the budget had been balanced since 2008 [while the department had received assistance from the two cities in covering its expenses]. Councilmember Fraser, Council representative to The Ranch committee, said that the breadth of services The Ranch provides to the community is exceptional. He said the department had developed a great culture — one of willingness to try new things. He especially commended Director Andreucci for her can -do attitude and said that the word "no" did not exist in her vocabulary. The Council thanked Director Andreucci for her report. DRAFT Town Council Minutes #xx -2015 November 18, 2015 Page 2 CONSENT CALENDAR 1. Town Investment Summary — Accept report for month ending October 31, 2015 (Director of Administrative Services Bigall) MOTION: To adopt the Consent Calendar, as written. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous PUBLIC HEARINGS 1. Seasonal Rental Units — Amendments to Chapter 16 (Zoning) of the Tiburon Municipal Code to prohibit seasonal rental units (Community Development Department) — hearing continued from September 2 Planning Manager Watrous provided a summary of the written staff report. He said the Town had initiated amendments to the Tiburon Zoning Ordinance that would prohibit short-term rental units in Tiburon. Watrous said these amendments would amend Section 16-40.040 of the zoning ordinance to replace the current provisions for issuing seasonal (short-term) rental unit permits, with a prohibition of renting out a dwelling for a period of 30 days or less. The Planning Manager said that first reading of the ordinance was held on August 19, 2015. On September 2, 2015, he said the Town Council appointed a subcommittee to study the issue and make further recommendations to the Council. He reviewed the work of the committee at its October 12, 2015 meeting, and its goals and recommendations as to possible regulations. He also outlined the options available for the Council's consideration as to further action, per the staff report: "Option 1: Proceed with prohibition. The Planning Commission held a public hearing, considered the draft ordinance, and made its recommendations to the Town Council. The Town Council may choose to move forward with adoption of the previously discussed ordinance prohibiting seasonal rental units. Option 2: Amend existing regulations The Town Council may discuss the potential amendments above and any other possible changes to the seasonal rental regulations and direct staff to prepare an ordinance for public hearing at a future date. If the Council chooses this option, it would be ideal if the Council provide direction on which of the above items should be incorporated into the draft ordinance. A checklist of potential seasonal rental regulation amendments is attached [to the staff report] for use in this discussion. DRAFT Town Council Minutes #u -2015 November 18, 2015 Page 3 Option 3: Table discussion to a future date As noted above, the regulation of seasonal rentals continues to evolve. There is legislation pending at the State of California (SB 593) which would create certain statewide regulations for such uses and numerous cities in California are studying this situation and attempting to come up with regulations to address many of the same concerns facing Tiburon. The Town Council may choose to wait until a decision is made on SB 593 or wait to see how other cities deal with seasonal rentals. The Town's current seasonal rental regulations would remain in place." Councilmember Fredericks asked to add a clarification for the record. She said that most of the people who attended the ad hoc committee meetings were people who supported short -tern rentals. She said there was no consensus on whether to prohibit or permit them. Rather, Fredericks said the discussions focused on the question of whether there are regulations that would address the concern of those who oppose them. Town Manager Curran said that since the last Council meeting, the Town had been contacted by Airbnb which had indicated that it would like to engage the Town in a discussion of revenue sharing (of transit occupancy tax) should the Town adopt an ordinance allowing short-term rentals. She said that if an agreement could be reaching on a regulatory framework deemed reasonable by Airbnb, it would collect TOT and remit them to the Town. She cited examples of other cities that have such an agreement with Airbnb, such as Oakland and San Jose. Curran noted, however, that Airbnb, citing privacy concerns, said that while they could remit a check in an aggregate amount, they would not be willing to divulge actual rental information. She said it was likely that this data could be audited; she noted that that Airbnb indicated that it would be open to further discussion of this aspect of TOT collection. Vice Mayor Tollini said she had read that Airbnb allows a permit number to be shown on listings, and wondered if this was a way to track the information in Tiburon. Town Manager Curran said that Airbnb said it would not or even could not allow it; she said it considered a permit number to be a "unique identifier". Curran said Airbnb maintained that the Town's request is not technically feasible in that the information in their system is "scrubbed" to remove unique identifiers and would not allow them to provide a permit number. Town Manager Curran said that at the conclusion of the meeting, she asked the representative of Airbnb to provide a written summary of the concepts proposed. She said that her request was declined. Vice Mayor Tollini asked if there was still a way for the Town to track the individual rentals. Town Attorney Stock said that if the Town adopts its own ordinance requesting this information, then it could be enforced. For instance, he said if the ordinance states that all rentals would be in violation of the Town's ordinance, he said Airbnb (and other platforms) might re -think their position. DRAFT Town Council Minutes #xx -2015 November 18, 2015 Page 4 Councilmember Fredericks asked if staff had a more up-to-date number of current short-term rentals in Town. Planning Manager Watrous said that staff had not done a recent count. Town Manager Curran said the number of short-term rentals had been estimated at 90; Watrous clarified that this number was provided by a resident. Fredericks said the number 50 had been used at the last Council meeting. Mr. Watrous said that number had been verified by staff, at that time. Mayor Doyle opened the hearing for public comment. 1. Allan Lefkof, Treasurer of Tiburon Marinero HOA, representing 132 homes, talked about short-term rentals in their neighborhood that had been problematic. He gave the example of 121 Sugarloaf, which had been listed on VRBO as a corporate meeting place for $1400 per night. Lefkof said the problems that ensued were traffic going the wrong way on that street, smoking in the residence, and others. He said the Town had subsequently found that it was a commercial usage, incompatible with the zoning of the neighborhood. Thereafter, he said the property owner switched to advertising the property for weekend rentals, for "family reunions" and the like. He said the owner rented the home for around 100 days per year, or as he told Mr. Lefkof, "only 27% of the time". Lefkof said that staff and the Town Council had done a good job in preserving the peace and tranquility of Tiburon's neighborhoods. But he went on to describe what he called, "Raccoon Mondays" that followed the family reunion weekends. He said that weekend renters did not know about the garbage and fire rules of the local area, which led to problems with trash collection and health and safety issues. Mr. Lefkof said that he brought two recommendations from his HOA, to the hearing: 1) Support of a total prohibition by the Town of short-term rentals; or if that does not occur, 2) To establish limitations like a 7 -day minimum (and maximum 14 day) rental to avoid 50 weekends of neighborhood "churn" per year. Lefkof said he understood the free market economy but stated that "churn" destroys the fundamental properties of a neighborhood. 2. Maureen Miekle said she had lived here for a long time in a 12 -unit condominium building which stood isolated at the end of a street. She said that all the front doors in the building faced each other and, until recently, all the neighbors knew each other. Recently, Ms. Miekle said that two units had been sold and were now used as short-term rentals. She said, "Now, we don't know who's corning in or out." She said this was disconcerting and a bit frightening. Ms. Miekle said one listing said its rental was for not less than a month and prohibits smoking, however, she said there was no way to know if this was the case, and noted that there had been smoking violations, water left running, and other issues. Miekle said the problem is that "we don't know these people" and in the case of water left running, there was no way to reach the owners to report the problem. DRAFT Town Council Minutes #xx -2015 November 18, 2015 Page 5 She asked the Council to uphold its original ban until there was more information on what the State would do to address this issue. She asked for the Council's support. 3. Ulrik Binzer said that there was general consensus about the problems related to short-term rentals but that there was an "easy fix", that is, to require permanent residency of the unit's owner. He said that the Town could ask for a driver's license or utility bill, or both, to determine residency. He said that a five or seven-day minimum would not create "churn" and that people would "self -police". He said people who rent on this basis did not want massive parties; that they would have their self-interest at heart. 4. George Landau, resident of Sugarloaf Drive for 43 years, said he prided himself in having a home that was a "conflict -free" zone. He said they had entertained countless guests over the years and that it was not a commercial use. He said he had done home exchanges, as well, and thought that people who wanted to take sabbaticals, for instance, should still be allowed to do so [and rent out their homes]. He said that younger people could not afford to buy homes and rents are escalating, so he proposed allowing short-term rentals (he used three months as an example). He recommended this type of "commercial" use, which he said was not an "abuse". 5. Cleveland Justis, resident of Karen Way for 12 years, thanked the Council for its thoughtful deliberation. He said that he worked for a non-profit and that his family had used rental income to be able to live here. He said the subcommittee meetings were helpful, noting that most who favor short-term rentals want to "do it right" and care deeply about the community. In short, he said he favors the institution of regulations rather than a ban. Justis said that bans are flagrantly abused, and said that these rentals were not part of the "new economy"; he added that it was a good sign that Airbnb is reaching out to the Town. He recommended that the Town Council adopt the Planning Commission's recommendation as to regulation of short-term rentals. 6. Sue Zimmerman Quinn, Vista Del Mar Lane, said that Old Town Tiburon was unique and may well need special handling in this issue. She said that since 1986 she had lived in a duplex and rented out the other half. She said that within 100 feet of her residence were 11 other homes, and 16 rental units. She said and 6 of the 11 homes had absentee owners. Of these rentals, she said there was nightly, weekly and monthly "chum." She said that regulations led to a "slippery slope" of rules and exceptions to rules, and that the financial incentive was so great as to lead to violation of rules. Ms. Quinn said the problem is lopsided—that she experiences inconvenience [from "churn"]; worse, she said that the rentors do not, plus they make lots of money. She said that if the ban is lifted, it will be very difficult to retract because the rentals generate income and this will create a whole class of capital and people who will fight to protect it. Ms. Quinn said that another reason to uphold the ban was that allowing short-term rentals removes needed housing from the market, further reducing the pool. DRAFT Town Council Minutes #xx -2015 November 18, 2015 Page 6 With regard to complaint -based enforcement, Ms. Quinn said that complaints would need to be followed up upon right away. She said that the fines should be high — a month's rent, for instance, and on up for second offenses, etc. She said she was leery of regulations because she would not want to "rat out" her neighbors. She asked the Council to ban short-term rentals in Tiburon. Mayor Doyle closed the hearing at 8:18 p.m. and opened the Council discussion. Councilmember Fraser said he had voted in favor of the new ordinance (ban) in August but had asked for a "pause" in order to do a bit more work and obtain more information on this subject. Having done so, he said that he had not heard or learned anything different since that time. Fraser said he had read the reports in the Council packet on the impacts of short-term rentals in places like Richmond, Virginia, and Los Angeles, California, and they were not all favorable. He said that Tiburon was a "one of a kind" community; not LA or Santa Monica, and that he would vote in favor of an ordinance to ban short-term rentals. He reiterated that Tiburon is not a resort community; rather, it's a community where "people know people". He said it has unique neighborhoods, such as Old Tiburon, and that "one size does not fit all" in this sort of community. He said it was too early to adopt rules and regulations as the industry was rapidly evolving. He said this sea change should not drive the Town's decision. Vice Mayor Tollini said she takes her role as "guardian" of our neighborhoods seriously, but she said that a ban on short-term rentals would have the opposite effect to what the Council was seeking to protect. Tollini said that with 50-90 existing rentals, an outright ban would leave no room to create a budget for enforcement, and that the Town would really hold no sway unless there is a permit system and an ability to collect TOT and impose fines. She said the rules could be simple, such an establishing an annual maximum (such as 14 days), a fine if the rules were broken, and a "kitty" for enforcement. She said the best way to address the issue of "churn" and "party houses" is to allow short-term rentals, reasonable rules, and hefty fines for violators. Councilmember O'Donnell said that this was a challenging issue, with good arguments on all sides. However, he said he would not change his position (to ban short-term rentals) and the reason is that Tiburon is primarily a "residence community", as opposed to a "secondary residence community", such as Palm Springs, Cape Code and others. He said in those communities, residents know what to expect; this is not the case, in Tiburon. O'Donnell surmised that 95% of Tiburon residents think of this as a "primary residence" community, and that it was important to protect the integrity of the community spirit. He said it would not be wise to move to allow commercialization of residential property, and that it was not in the interest of the community. He said one has to ask the question, what is fair for all, and not to allow what is only great for some, because it is not in the community's interest. DRAFT Town Council Minutes ftxx -2015 November 18, 2015 Page 7 Councilmember Fredericks said that the question considered by the ad hoc committee was one of allowing reasonable use of short-term rentals while minimizing its impacts. But Fredericks noted that short-tenn rentals change the ratio of pennanent housing, and would be contrary to the goals of the General Plan, such as "Village Character". Moreover, Fredericks said that outright prohibition is clear, without need for interpretation, and that this action would not implicitly lead to support of illegal activity. She said that she, too, would continue to vote in favor of banning short-term rentals. Mayor Doyle said that he was leaning toward support of the. Vice Mayor's position. He referred to a book entitled, "Disruptive Innovation" that describes a phenomenon of change in that once it surfaces, everything around it also changes. Doyle said that he did not believe in making laws for the lowest common denominator; he said that in his mind, "fair for all" would be to make reasonable rules and make the existence of short-term rentals acceptable to the majority of the community. Doyle said that in his view, short-term rentals were a way for people with kids in school who want to take a vacation to be able to afford it. He proposed trying a system of regulations for a trial period, such as six months. He said the 50-90 units were not going to go away; he said that most of these were people who wanted to "do the right tiling". He suggested trying an owner - occupied, primary residence rule, with a7 -days rental minimum, for a trial period. Councilmember Fredericks made a motion to adopt the ordinance, as written. Mayor Doyle asked to continue the discussion. Councilmember O'Donnell said that a short-term rental on his street had been a "nightmare". Doyle said that not all short-term rentals were like this. O'Donnell said that the bottom line was commercialization of the Town. Doyle asked how the Council planned to stop this phenomenon. Councilmember Fraser said that it would be a regulatory nightmare, one way or the other. But he said it was an issue that would evolve. For instance, he said that rentals should not be allowed in tight, compact neighborhoods. Fraser also said that this issue could be revisited in future, as the industry evolves. But for right now, Councilman Fraser said the best course of action for the Council to take was [uphold the ban]; to "keep its powder dry" and vote to "do the right thing for the community". Vice Mayor Tollini said that Fraser himself had noted the changing demographics of the community; a change that represented many younger families. She said that [for these families] two-week rentals did not represent "commercialization". She said that reasonable restrictions and enforcement would equal good neighbors. DRAFT Town Council Minutes #xx -2015 November 18, 2015 Page 8 Councilmember O'Donnell said that Councilmember Fraser's point was well taken about the uniqueness of each neighborhood. He called out Old Tiburon, Hillhaven, and others, that these were popular locations for "party houses". He said that neighborhoods that were more spread out, like Belveron, might not be as affected. But he said that preservation of neighborhood character is important—he said that is why people run for office and are voted into office. He said the Council would be wise to stop this now. Councilmember Fredericks noted that the Vice Mayor had served on the Planning Commission which had adopted the most recent General Plan. She again cited the values and goals of the General Plan --residential and village character; she said these are not "ageist" issues; rather, they represent what is important to the community. Fredericks also said that it was valid to look at what has happened in smaller towns and how they have been affected [by short-term rentals], in making an evaluation. The Vice Mayor said that she did not disagree. Councilmember O'Donnell said he agreed with Tollini's statement about a lack of funds for enforcement, but he said that neighbors will call in and the Police and Community Development Departments will have to find ways to respond to complaints. Councilmember Fredericks said that money for enforcement is a "Trojan horse". O'Donnell agreed, stating that this is not about [the Town obtaining] revenue and Airbnb knows that. Vice Mayor Tollini countered, stating that the Town could say that a permit is required; or perhaps require them [renters] to list on another platform [if Airbnb does not cooperate] such as VRBO. Councilmember Fraser said that under current regulations, the Town only had five or six permits currently on file, but that that the number of rentals far exceeded it. Fraser then seconded the motion on the floor - to adopt the ordinance [Amending Title IV, Chapter 16, Zoning] to prohibit seasonal rentals. The Town Clerk called for a roll call vote: AYES: Fraser, Fredericks, O'Donnell NOES: Doyle Tollini. Motion passed 3-2. Ordinance adopted. TOWN COUNCIL REPORTS Councilmember Fraser gave a report and update on the Yellow Bus program, as well as some insights into the future of the program and a return to the Council in January. He talked about successes (reduction of traffic on Tiburon Boulevard, counted during certain hours of the day), DRAFT Town Council Minutes #xx -2015 November 18, 2015 Page 9 and areas that still needed work (bus schedules and meeting arrival times). He gave credit to the many stakeholders in the program, and the people who had worked so hard to ensure its success, including Councilmember McCaskill of Belvedere and Chief Cronin of Tiburon, who were in the audience. Councilmember Fraser also commended Sally Wilkinson who had volunteered to work on a "real-time" platform to track bus schedules. Councilmember Fraser said the idea was to keep moving forward with the Yellow School Bus program, however, he said it would need support. To this end, Fraser said that options on the table included the formation of a joint powers authority between Tiburon and Belvedere, and the need to find a way for a revenue stream, such as a parcel tax, to fund the program. He said these matters would cone before the Council for its consideration in the new year. Councilmember O'Donnell gave a report on a PG&E proposal to increase exit fees charged to new Marin Clean Energy customers. Also part of the packet was a sample letter to the California Public Utilities Corrunission (CPUC) in opposition to these fees. O'Donnell said as the Town's representative to Marin Clean Energy, he was prepared to sign the letter. The Council concurred. Mayor Doyle reported that the Blackie's Picnic Area project would be completed shortly. TOWN MANAGER REPORT None. WEEKLY DIGESTS • Town Council Weekly Digests — November 6 & 13, 2015 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Doyle adjourned the meeting at 8:59 p.m. ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2015 FRANK X. DOYLE, MAYOR November 18, 2015 Page 10 CALL TO ORDER Mayor Doyle on Wednesd Tiburon, Cali TOWN COUNCIL MINUTES c. • e regu ar : - t'ng of the Tiburon Town Council to order at 7:30 p.m. , December 2, 2015, i Town Council Chambers, 1505 Tiburon Boulevard, ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini PRESENT: EX OFFICIO: CC -Z. Town Manager Curran, Town Attorney Stock, Director of Administrative Services Bigall, Director of Public Works/Town Engineer Barnes, Director of Community Development Anderson, Chief of Police Cronin, Town Clerk Crane Iacopi ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY There was no closed session. ORAL COMMUNICATIONS Judson Walsh, nine-year resident, reported that there was a petition circulating in opposition to the elimination of Golden Gate Transit Bus Route 8 [ferry feeder]. He said that he offered to attend the meeting and speak in support of reconsideration. Mr. Walsh said the he believed in public transit and the route served the purpose of keeping Marin "eco -friendly" by keeping cars off the road. He said the route served the people who did not want to drive to the ferry and while its elimination was no doubt based on "business reasons," he asked the Council to consider keeping the route and placing a discussion of the item on an agenda in January. Councilrnember Fredericks said that while the Council usually did not comment on Oral Communications, she thought it would be helpful to note that the Golden Gate Bridge, Highway and Transportation District was planning to hold a public hearing on the matter in January and that all interested parties should attend. DRAF T ouncil Minutes #.xx -2015 December 2, 2015 Page 1 CONSENT CALENDAR 1. Town Council Minutes — Adopt minutes of November 4, 2015 meeting (Town Clerk Crane Iacopi) 2. Town Council Appointments List — Adopt annual List of Town Council appointments pursuant to State Law (Town Clerk Crane Iacopi) 3. Town Council Election Results — Adopt resolution certifying results of November 3, 2015 Municipal Election (Town Clerk Crane Iacopi) 4. Town Signature Authority — Adopt resolution updating signature authority on Town checks and financial instruments (Director of Administrative Services Bigall) 5. Commendation of Margaret A. Curran — Adopt resolution commending retiring Town Manager Margaret A. Curran for her outstanding service to the Town of Tiburon (Town Clerk Crane Iacopi) MOTION: To adopt Consent Calendar Item Nos. 1-5, as written. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous ACTION ITEM — APPOINTMENT OF NEW TOWN MANAGER 1. Appointment of Town Manager — Consider appointment of Town Manager and authorize Mayor Doyle to execute contract on behalf of the Town (Recruitment subcommittee) Councilmember O'Donnell said that a Council subcommittee, comprised of he and Councilmember Fraser, had been appointed over the summer to begin the recruitment for a new Town Manager. O'Donnell said that the Council was truly sorry to see current manager Peggy Curran go (retire) at the end of the year. He said she had been a terrific Town Manager. O'Donnell said the subcommittee had reviewed 50 resumes and selected five finalists. All were excellent candidates, according to O'Donnell. He said that the top three finalists were interviewed by the entire Council who was unanimous in its decision to make an offer to Greg Chanis, currently an employee of Santa Barbara County government. Councilmember O'Donnell gave some background on Mr. Chanis' work history and experience that includes 20 years in Parks Management and Land Conservation in New Hampshire, and a number of years as the County Administrator in Sullivan County, New Hampshire. He said that he was pleased to introduce Greg, and his wife, Polly, who were in the audience. DRAFT Town Council Minutes #xx -2015 December 2, 2015 Page 2 Councilmember O'Donnell said Mr. Chanis was a collegial person with excellent skills, and he recommended approval of his employment agreement and appointment as the next Tiburon Town Manager. Mayor Doyle asked for public comment. There was none. MOTION: To appoint Greg Chanis as the new Town Manager and authorize Mayor Doyle to execute his employment agreement on behalf of the Town Council. Moved: Tollini, seconded by Fredericks Vote: AYES: Unanimous ACTION ITEM — SEATING AND REORGANIZATION OF THE TOWN COUNCIL 1. Oath of Office — The Town Clerk will administer the oath of office to Council members - elect Doyle and Tollini. Councilmembers-elect Doyle and Tollini were sworn in. 2. Recognition of Outgoing Mayor Frank Doyle — Mayor Doyle is invited to share his comments and the Council is invited to share their comments with the outgoing Mayor, as well. Councilmember Fraser lauded outgoing Mayor Doyle for his vision for the community and the way he brought projects forward in a down-to-earth manner, making this a better place for everyone. In addition, he said that he had a great sense of humor and that working with him had been fun due to his energy, vision, and laughter. Councilmember O'Donnell said that he had started his public service on the Design Review Board (DRB). He said how much he had enjoyed working with his fellow board members including Doyle, Liz Bird and Cathy Frymier. He said that Frank had a great creative vision and had made the work fun. Vice Mayor Tollini said that she had served on the Planning Commission with Doyle, and also appreciated his down-to-earth approach to problem -solving. Tollini said that another quality she appreciated was that Frank listens to everyone's point of view, and she said that the Town Council was better for it. Councilmember Fredericks seconded all of these comments and said that she had never had so much fun working with someone that she occasionally disagreed with. Mayor Doyle talked about his experience serving on the DRB, Planning Commission and Council, to which he humorously attributed his rise as a kind of "Peter Principle". He noted that all along the way he had been supported by an "incredible staff' and thanked them, while also DRAFT Town Council Minutes #xx -2015 December 2, 2015 Page 3 thanking his colleagues for their support. He said it had been a lot of fun to serve on the Council which is one of the reasons he ran for re-election. 3. Election of New Mayor — Outgoing Mayor Doyle will receive nominations for the Office of Mayor and conduct the election. MOTION: To appoint Vice Mayor Tollini as the new Mayor [2015-16]. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous 4. Election of Vice Mayor — The Mayor -elect will take the Chair and conduct the election of Vice Mayor. MOTION: To appoint Councihnember Fraser as Vice Mayor [2015-16]. Moved: Doyle, seconded by Fredericks Vote: AYES: Unanimous 5. Town Council Comments — The Council may share any additional comments at this time. None. TOWN COUNCIL REPORTS Councilmember Fredericks reported on the Golden Gate Bridge, Highway & Transportation District (GGBHTD) proposal to eliminate Route 8 which she said had consistently low ridership (an average of 10 passengers per run) for a number of years. She said the District was considering elimination of the route based on low ridership and the fact that there is now a shuttle that goes the length of Tiburon Boulevard to Highway 101. Fredericks said that the District would be holding a hearing on this proposal in January, and she encouraged people to attend the hearing to find out the facts and to have input on the proposal. TOWN MANAGER'S REPORT There was no report; however, Town Manager Curran noted that this was her last Council meeting before her retirement. WEEKLY DIGESTS • Town Council Weekly Digests — November 20 & 27, 2015 Accepted. DRAFT Town Council Minutes #xx -2015 December 2, 2015 Page 4 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor -elect Tollini adjourned the meeting at 7:57 p.m. ERIN TOLLINI, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2015 December 2, 2015 Page 5 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 20, 2016 Agenda Item: CC- 3 To: From: Subject: Reviewed By: Mayor and Members of the Town Council Administrative Services Department Investment Summary — November 2015 BACKGROUND 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 November 30, 2015. ANALYSIS Agency Investment November 2015 Amount Interest Rate Maturity Town of Tiburon Local Agency Investment Fund (LAIF) $19,987,949.08 0.374% Liquid Housing note to Town Manager $ 800,000.00 0.330% Based on Contract Money Market (Bank of Marin) $ 100,000.00 0.10% Liquid Total $20,887,949.08 The total invested at the end of the prior month was $21,162,949.08; therefore the Town's investments decreased by $275,000 over September 2015. 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. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for November 2015 Prepared By: Heidi Bigall, Director of Administrative Services TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 20, 2016 Agenda Item: /, L/ 1 STAFF REPORT To: From: Subject: Ann ncement of Vacancies on Town Boards, Commissions & Committees Reviewed By: C_ Mayor and Members of the Town Council Office of the Town Clerk BACKGROUND 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 2016 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 2016. RECOMMENDATION Staff recommends that the Town Council: 1. Announce the pending vacancies in 2016 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, January 2016 Prepared By: Diane Crane lacopi, Town Clerk TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES On Town Boards, Commissions & Committees January 2016 BELVEDERE-TIBURON LIBRARY AGENCY BOARD BUILDING CODE APPEALS BOARD DESIGN REVIEW BOARD HERITAGE & ARTS COMMISSION PARKS, OPEN SPACE & TRAILS COMMISSION PLANNING COMMISSION THE RANCH (Belvedere -Tiburon Jt. Recreation Committee) Town Treasurer Town Artist Laureate The following vacancies on Town Boards, Commissions and Committees are current or pending in 2016. Pursuant to Resolution No. 16-2007, the Tiburon Town Council will conduct interviews of interested applicants beginning in February 2016. Current commissioners whose terms are expiring may seek reappointment for another term; commissioners who have served terms of less than two years are eligible for automatic re- appointment. Most appointments are made for four-year terms, effective March 1. Other terms are stated in the agency's bylaws; for instance, the Belvedere -Tiburon Library Agency terns are for three years and expire at the end of June; and The Ranch committee members serve for two-year terms. 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, and The Ranch, 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, ww'v.tol.Pnoftiburon.org (click on "Useful Forms" under "Government"). You may also contact Town Clerk Diane Crane Iacopi at dcrane@townoftiburon.org (tel: 435-7377) for more information. TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES ON BOARDS, COMMISSIONS & COMMITTEES JANUARY 2016 BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF TRUSTEES Appointee Appointed Term Expires • Jeff Foran May 2013 6/30/16 BUILDING CODE APPEALS BOARD Appointee • David Kallmeyer Appointed April 2012 Term Expired 2/28/15 [position vacant] DESIGN REVIEW BOARD Appointee Appointed Term Expires • Bryan Chong March 2008; 2012 2/28/16 • Michael Tollini June 2008; 2012 2/28/16 HERITAGE & ARTS COMMISSION • Daniel Amir February 2012 2/28/16 • Kerma Norris July 2015 2/28/16* PARKS, OPEN SPACE & TRAILS Appointee Appointed Terris Expires • Phillip Feldman June 2008; Feb. 2012 2/28/16 • Michael McMullen June 2008; Feb. 2012 2/28/16 PLANNING COMMISSION Appointee Appointed Tenn Expires • Lou Weller June 2011; Feb. 2012 2/28/16 THE RANCH (Belvedere -Tiburon Jt. Recreation Committee) Appointee Appointed Tenn Expires • Nuria Ibars Oct. 2012; March 2014 2/28/16 TOWN TREASURER Appointee Appointed • William Osher January 1998 Term Expires * * Resigned 10/7/15 [position vacant] TOWN ARTIST LAUREATE Appointee Appointed Term Expires • Jaleh Etemad September 2012 8/31/2016 *Appointees who have served terms oft years or less are eligible for automatic reappointment pursuant to TOW?? Council Resolution No. 16-2007. **No set term limit Copies to: The Ark (for publication on 1/27 and 2/3/16; Courtesy copy to: The Marin Independent Journal Notice Posted at Tiburon Town Hall and Belvedere/Tiburon Library TOWN OF TIBURON ;w 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 20, 2016 Agenda Item: cc 5 - STAFF REPORT To: From: Subject: 201 Town Council Committee Appointments /J Reviewed By: / -C- Mayor and Members of the Town Council Office of the Town Clerk BACKGROUND Members of the Town Council are appointed to serve on a variety of local and regional boards and committees and as Town representatives on a number of joint powers authorities. They also serve on ad hoc Town committees, formed to study specific issues or projects in town. The Town Council reorganized at its December 2, 2015 regular meeting, appointing Erin Tollini as Mayor and Jim Fraser to the Vice Mayor position. It is now timely for the Council to review its list of committee appointments and make any changes or new appointments. Staff also notes that it may be timely for the disbandment of some ad hoc committees, such as the Dairy Knoll Project and Town Manager Recruitment (both of which are now complete). If there are no additional changes to the cun-ent schedule, the Council may adopt this list on the Consent Calendar. If the Council wishes to discuss the matter and make further recommendations for changes to committee appointments, it is free to pull the matter from Consent Calendar and move it to Action Items. RECOMMENDATION Staff recommends that the Town Council consider any revised or new appointments for 2016. Exhibit: 2015 Council Committee Appointments, last updated on September 2, 2015 Prepared By: Diane Crane lacopi, Town Clerk TIBURON TOWN COUNCIL COMMITTEE APPOINTMENTS 2015 I. STATE & REGIONAL AGENCIES 1. ASSOCIATION OF BAY AREA GOVERNMENTS (General Assembly meets in April and October) Jim Fraser, Delegate Emmett O'Donnell, Alternate 2. MARIN CLEAN ENERGY BOARD OF DIRECTORS (Meets 1'" Thursday from 7-9 p.m. at 1 McGinnis Parkway, San Rafael) Emmett O'Donnell, Delegate Erin Tollini, Alternate 3. COMMUNITY DEVELOPMENT BLOCK GRANT PRIORITY -SETTING COMMITTEE (CDBG) (Meets twice a year in Marin City and at Civic Center) Frank Doyle, Delegate Jim Fraser, Alternate 4. HOMELESS POLICY STEERING COMMITTEE (HPSC) (Under auspices of County Dept. of Health Human Services) Frank Doyle appointed as Town representative to the "Homeless Policy Makers Committee" in Feb. 2014 — (this is a subcommittee chaired by San Rafael Councilmember Kate Colin comprised of policy makers from each city) 5. LEAGUE OF CALIFORNIA CITIES (Meets quarterly and at the Annual Conference in September; other events as published) Alice Fredericks • Voting Delegate for Town of Tiburon • North Bay Division Executive Committee • Transportation, Communication & Public Works State Policy Committee - (Appointment by League President) 6. MARIN CLIMATE ENERGY PARTNERSHIP (ICLEI) Local Governments for Sustainability (Meets In Thursday, San Rafael City Hall) Kyra O'Malley, Staff Liaison & voting board member 7. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS (Meetings scheduled as needed) Police Chief Michael Cronin, Delegate Retired Capt. David Hutton, volunteer Delegate Erin Tollini, Alternate Adopted on January 21, 2015; rev. Feb. 9, 2015; May 6, 2015 ; August 19, 2015; Sept. 2, 2015 Page 1 of 4 8. MARIN TELECOMMUNICATIONS AGENCY BOARD OF DIRECTORS (Meets 2nd Wednesday from 7-9 p.m., San Rafael City Hall) Jim Fraser, Delegate Frank Doyle, Alternate 9. RICHARDSON BAY REGIONAL AGENCY BOARD OF DIRECTORS (Meets monthly on 2nd Wednesday at 6:00 p.m. - Sausalito City Hall) Erin Tollini, Delegate Emmett O'Donnell, Alternate 10. TRANSPORTATION AUTHORITY OF MARIN BOARD OF COMMISSIONERS (Meets monthly on 4th Thursday at 7:30 p.m. - Board of Supervisors Chambers, Civic Center) [Four year terms, effective May 1, 2008] Alice Fredericks, Delegate Erin Tollini, Alternate • Fredericks serves as TAM's representative to MCCMC • Fredericks serves on the TAM Legislative Committee, and Programming and Projects Executive Corrunittee • Fredericks was appointed to serve on the SB 375 Marin SCS Ad Hoc Committee formed by TAM in February 2011— committee now inactive 11. TRANSPORTATION AUTHORITY OF MARIN (Safe Routes to School ad hoc subcommittee) Jim Fraser — Town Appointee (January 2014) 12. CITIZEN'S ADVISORY COMMITTEE OF THE WATER EMERGENCY TRANSIT AUTHORITY --Committee has sunsetted II. LOCAL AGENCIES/COMMITTEES 1. BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL (Meets bi-monthly on 2ii! Tuesday from 4:00 - 5:30 p.m. in the Town Council Chambers) Jim Fraser, Town Council Representative 2. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (The Ranch' (Meets bi-monthly on 3rd Monday in the Town Hall Conununity Room) Jim Fraser, Town Council Voting Member (as of June 2012) Adopted on January 21, 2015; rev. Feb. 9, 2015; May 6, 2015 ; August 19, 2015; Sept. 2, 2015 Page 2 of 4 III. TOWN AD HOC COMMITTEES - (in alphabetical order) (Meetings scheduled as needed) 1 AFFORDABLE HOUSING i. Alice Fredericks ii. Erin Tollini 2 2015-2016 BUDGET i. Emmett O'Donnell ii. Erin Tollini 3 DAIRY KNOLL PROJECT i. Jim Fraser ii. Emmett O'Donnell 4 DOWNTOWN PARKING i. Jim Fraser ii. Emmett O'Donnell 5 DOWNTOWN REVITALIZATION i. Jim Fraser ii. Frank Doyle 6 LEGISLATIVE ACTION (current Mayor/ MCCMC Legislative Committee appointee) i. Frank Doyle ii. Alice Fredericks 7 LITIGATION i. Alice Fredericks ii. Jim Fraser 8 MARTHA PROPERTY APPLICATIONS i. Alice Fredericks ii. Jiin Fraser 9 PATHS & OPEN SPACE ACCESS i. Frank Doyle ii. Alice Fredericks 10 RECRUITMENT (Town Manager transition) i. Jim Fraser ii. Emmett O'Donnell 11 SEASONAL RENTALS i. Frank Doyle ii. Alice Fredericks Adopted on January 21, 2015; rev. Feb. 9, 2015; May 6, 2015 ; August 19, 2015; Sept. 2, 2015 Page 3 of 4 12 TIBURON BOULEVARD RELINQUISHMENT i. Emmett O'Donnell ii. Jim Fraser 13 YELLOW BUS CHALLENGE 2.0 i. Emmett O'Donnell ii. Jim Fraser V. MCCMC APPOINTMENTS • Nominated by MCCMC and appointed by Board ofSupervisors Golden Gate Bridge, Highway & Transportation District Board of Directors (Meets 2"d & 4" Fridays at10 a.m., GGBHTD offices) Alice Fredericks Fredericks GGBHTD Committee Appointments: Building and Operating Committee; Finance Committee; Strategic Financial Planning Committee; OPEB Committee; Transportation Committee Fredericks is also District representative to the GGB/Amalgamated Transit Union Pension Board of Trustees • Town Appointments to MCCMC Committees 1. Legislative Committee [a Standing Committee per MCCMC Bylaws' (Meets4th" Monday at 8:00 a.m., San Rafael City Hall) Alice Fredericks (also serves as Chair) No alternate 2. JPA Oversight Ad Hoc Committee (Meetings scheduled as needed) Jim Fraser, delegate No alternate 3. Sea Level Rise —Ad Hoc Committee (August 19, 2015) (Meetings scheduled as needed) Alice Fredericks, delegate No alternate VI. TOWN APPOINTMENTS IN OTHER AREAS OF INTEREST MarinMap Steering Committee (Meetings scheduled as needed) Pat Barnes Marin County Hazardous & Solid Waste JPA (Meets quarterly) Peggy Curran Adopted on January 21, 2015; rev, Feb. 9, 2015; May 6, 2015 ; August 19, 2015; Sept. 2, 2015 Page 4 of 4 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 20, 2016 Agenda Item: Cc STAFF REPORT To: From: Mayor & Members of the Town Council Community Development Department Subject: Consider Adoption of Resolution Updating the Schedule of Fines for Violations of the Municipal Code Enforced by Administrative Citation Reviewed by: BACKGROUND The Town's Schedule of Fines is adopted pursuant to Chapter 31 (Enforcement of Code) of the Municipal Code, and sets forth the amount of the "fine" applied and in which instances the Town issues an Administrative Citation for a violation of the Municipal Code. The Town updated its Schedule of Fines in September 2015. At that time, the staff report noted the possibility that the Schedule of Fines would need further updating pending the outcome of the vacation rental issue that was still being studied by the Town Council at the time. The Town Council subsequently voted to prohibit vacation (short-term) rentals, and the increase of fines associated with vacation rental regulation violations is being returned for consideration of adoption. The only proposed change to the Schedule of Fines is that associated with violation of the Vacation Rental provisions of the Zoning Ordinance. A redlined document highlighting the proposed change to the current Schedule of Fines is attached as Exhibit 1. A draft resolution updating the Schedule of Fines is attached as Exhibit 2. ANALYSIS Because of the community's highly desirable location, physical beauty and other attributes, vacation rentals in Tiburon can command high prices and constitute a lucrative endeavor for hosts. Staff believes in order to be a more effective deterrent to violating the Town's vacation rental provisions, the penalty associated with administrative citation fines needs to be the maximum allowed by state law, which is $1,000 per violation. In the absence of a specific line item for vacation rental violations, the current default penalty is $158 per day for a Zoning Ordinance violation. Staff does not believe this latter amount would constitute an effective deterrent and a means of quickly rectifying violations, which are the primary purposes of the Administrative Citation process. Town Council Meeting January 20, 2016 RECOMMENDATION Staff recommends the Town Council adopt the Resolution approving the updated Schedule of Fines. EXHIBITS 1. Redlined Schedule of Fines document. 2. Draft Resolution. Prepared by: Scott Anderson, Director of Community Development SA TO\\'N OF TIBUTRON Page 2 of 2 REDLINED VERSION ADMINISTRATIVE FINES SCHEDULE 1. Work without a Permit [Building, Plumbing, Electrical, etc.] (Municipal Code § 13-2): Project valuation less than or equal to $5,000: $250. Project valuation greater than $5,000 but less than or equal to $10,000: $500. Project valuation greater than $10,000 but less than or equal to $50,000: $1,000 plus two (2) times the permit fee. Project valuation in excess of $50,000: $1,000 plus four (4) times the permit fee. 2. Violation of Building Permit Conditions (Municipal Code §§ 13-10, 23-31, 23-34, 26-3, 31-3, etc): First violation: $500 Second violation: $1,000 Third violation: $2,000 Fourth violation: $3,000 penalty and suspension of permit. In addition to assessing monetary fines, the Building Official may, in his sole discretion, issue a Stop Work Order upon ascertainment of the violation. All penalties must be paid, and violations corrected, before the Stop Work Order is lifted. Upon a fourth offense, the Building Official will make a formal complaint to the State Contractors License Board. 3. Failure to obtain a Report of Residential Building Record prior to sale or exchange of a dwelling unit (Municipal Code § 13A-3): $500 for each day the violation persists. 4. Failure to make "mandatory" corrections required by a Report of Residential Building Record (Municipal Code § 13A-8): $100 per each day the failure persists 5. Violation of any conditions included in a resolution designating property as an historic landmark (Municipal Code §§ 13B-4): $500 for each day the violation persists. 6. Violation of Zoning Ordinance or of Zoning Permit Conditions (Municipal Code § 16- 56.030): $158 for each day that the violation persists, unless a higher fine is otherwise imposed for that specific violation in this Exhibit A. 7 Violation of Zoning Ordinance Regulations Prohibiting Vacation Rentals (Municipal Code § 16-40.042): $1,000 for each violation. 87. Alteration, Planting, or Removal of Tree without Permit (Municipal Code § 15A-3): $1,000 per tree. ILZIT INTO. 94. Violation of the Town of Tiburon Urban Runoff Pollution Protection Ordinance (Municipal Code §§ 20A-7, 20A-8, 20A-9, 20A-10, and 20A-11): First violation: $250 per day Second violation: $500 per day Third and subsequent violations: $1,000 per day. 1 109. Violations of the Town of Tiburon Solid Waste Ordinance (Municipal Code §§ 26-3, 26- 4, 26-5, 26-6, 26-7, and 26-8): $100 for each violation. 1 119. Violation of the Town of Tiburon Smoking and Tobacco Ordinance (Municipal Code §§ 28-3, 28-4, 28-5, 28-6, 28-7, 28-9, 28-10 and 28-11): $100 for each violation otherwise punishable as an infraction and $773 for each violation otherwise punishable as a misdemeanor (§ 28-11 only). 12-1-. Unlawful Use of Leaf Blower or Hedge Trimmer (Municipal Code § 30-4): $250 for each violation. 1 132_ All other violations of the Municipal Code: In the absence of a different fine specifically imposed in the Municipal Code or this Exhibit A, or a higher fine imposed in the applicable Bail Schedule, the fine shall be $158 for violations otherwise punishable as infractions and $773 for violations otherwise punishable as misdemeanors. 2 RESOLUTION NO. DRAFT -2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON SUPERSEDING RESOLUTION NO. 40-2015 AND SETTING FORTH THE VIOLATIONS OF THE MUNICIPAL CODE THAT MAY BE ENFORCED BY ADMINISTRATIVE CITATION PURSUANT TO CHAPTER 31 OF THE MUNICIPAL CODE AND ADOPTING AN UPDATED SCHEDULE OF FINES FOR VIOLATIONS WHEREAS, on September 16, 2015, the Town Council adopted Resolution No. 40-2015, which superseded Resolution No. 45-2011 and set forth the violations of the Municipal Code that may be punished by administrative citation and established a schedule of fines for said violations; and WHEREAS, Resolution No. 40-2015 incorporated in part the amounts set forth in the most recent Uniform Penalty and Bail Schedules published by the Marin County Courts for violations of the Tiburon Municipal Code ("Bail Schedule"); and WHEREAS, the Town Council fords that certain amendments to the Municipal Code adopted since adoption of Resolution No. 40-2015, specifically provisions for vacation rental regulation violations, require amendment to the said resolution; and WHEREAS, the Town Council finds that adjustments to the fine schedule for such violations are warranted; and WHEREAS, the Town Council finds that the amendment of the fore schedule is not a project under the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. Resolution No. 40-2015 is hereby superseded by this Resolution on its effective date. 2. Any violation of the Town of Tiburon Municipal Code may be enforced by administrative citation pursuant to Chapter 31 of the Municipal Code in the discretion of the Town Attorney. 3. Exhibit A, attached hereto and adopted herein, sets forth a list of fines for particular violations of the Municipal Code. In some instances, the Municipal Code and/or the applicable Bail Schedule may also establish a fee, fine or other penalty. In case of direct conflict in fine amounts, the Municipal Code shall govern, followed by Exhibit A, then the Town Council Resolution NoXX-2016 Schedule of Administrative Fines Effective —/—/20I6 1 EXHIBIT NO. applicable Bail Schedule. The applicable Bail Schedule shall be that in effect at the time of the violation. 4. The fine amounts imposed herein shall become effective immediately. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2016 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ERIN TOLLINJ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Resolution No.XX-2016 Schedule of Administrative Fines Effective --/--/2016 2 EXHIBIT A ADMINISTRATIVE FINES SCHEDULE 1. Work without a Permit [Building, Plumbing, Electrical, etc.] (Municipal Code § 13-2): Project valuation less than or equal to $5,000: $250. Project valuation greater than $5,000 but less than or equal to $10,000: $500. Project valuation greater than $10,000 but less than or equal to $50,000: $1,000 plus two (2) times the permit fee. Project valuation in excess of $50,000: $1,000 plus four (4) times the permit fee. 2. Violation of Building Permit Conditions (Municipal Code §§ 13-10, 23-31, 23-34, 26-3, 31-3, etc): First violation: $500 Second violation: $1,000 Third violation: $2,000 Fourth violation: $3,000 penalty and suspension of permit. In addition to assessing monetary fines, the Building Official may, in his sole discretion, issue a Stop Work Order upon ascertainment of the violation. All penalties must be paid, and violations corrected, before the Stop Work Order is lifted. Upon a fourth offense, the Building Official will make a formal complaint to the State Contractors License Board. 3. Failure to obtain a Report of Residential Building Record prior to sale or exchange of a dwelling unit (Municipal Code § 13A-3): $500 for each day the violation persists. 4. Failure to make "mandatory" corrections required by a Report of Residential Building Record (Municipal Code § 13A-8): $100 per each day the failure persists 5. Violation of any conditions included in a resolution designating property as an historic landmark (Municipal Code §§ 13B-4): $500 for each day the violation persists. 6. Violation of Zoning Ordinance or of Zoning Permit Conditions (Municipal Code § 16- 56.030): $158 for each day that the violation persists, unless a higher fine is otherwise imposed for that specific violation in this Exhibit A. 7 Violation of Zoning Ordinance Regulations Prohibiting Vacation Rentals (Municipal Code § 16-40.042): $1,000 for each violation. 8. Alteration, Planting, or Removal of Tree without Permit (Municipal Code § 15A-3): $1,000 per tree. 9. Violation of the Town of Tiburon Urban Runoff Pollution Protection Ordinance (Municipal Code §§ 20A-7, 20A-8, 20A-9, 20A-10, and 20A-11): Town Council Resolution NoXX--2016 Schedule of Administrative Fines Effective -W—/2016 3 First violation: $250 per day Second violation: $500 per day Third and subsequent violations: $1,000 per day. 10. Violations of the Town of Tiburon Solid Waste Ordinance (Municipal Code §§ 26-3, 26- 4, 26-5, 26-6, 26-7, and 26-8): $100 for each violation. 11. Violation of the Town of Tiburon Smoking and Tobacco Ordinance (Municipal Code §§ 28-3, 28-4, 28-5, 28-6, 28-7, 28-9, 28-10 and 28-11): $100 for each violation otherwise punishable as an infraction and $773 for each violation otherwise punishable as a misdemeanor (§ 28-11 only). 12. Unlawful Use of Leaf Blower or Hedge Trimmer (Municipal Code § 30-4): $250 for each violation. 13. All other violations of the Municipal Code: In the absence of a different fine specifically imposed in the Municipal Code or this Exhibit A, or a higher fine imposed in the applicable Bail Schedule, the fine shall be $158 for violations otherwise punishable as infractions and $773 for violations otherwise punishable as misdemeanors. Town Council Resolution NoU--2016 Schedule of Adininistrative Fines Effective --/—/2016 4 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 STAFF RCPOR Town Council Meeting January 20, 2016 Agenda Item: CC _ T7 To: Mayor & Members of the Town Council From: Community Development Department Subject: Recommendation to Accept Annual Reporting of Development Impact Fees Pursuant to the California Government Code Reviewed by: BACKGROUND 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 specific data regarding development fees to be 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) 2014-2015, which closed on June 30, 2015. 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 Town Council Mceting January 20, 2016 identified in the General Plan Circulation Element as requiring improvement. The fee varies from $0 per PM peak trip to $5,278 per PM peak trip. TIBURON CIRCULATION SYSTEM IMPROVEMENT FUND Fund Balance, July 1, 2014 $45,020 Revenues: Fees Collected $39,221 Interest Income $112 TOTAL REVENUES Expenditures: TOTAL EXPENDITURES Fund Balance, June 30, 2015 $0 $39,323 $(0) $84,353 In the adopted FY 2015-16 budget there are no planned expenditures identified from this account. No inter -fund loans or transfers occurred from this account for FY 2014-15 and no refunds from this account were issued in FY 2014-15. 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, 2014 $181,984 Revenues: Fees Collected $2,884 Interest Income $458 TOTAL REVENUES Expenditures: TOTAL EXPENDITURES Fund Balance, June 30, 2015 $0 $3,342 $(0) $185,326 TOWN OF TIM IRON Page2of5 Town Council Meeting January 20, 2016 The FY 2015-16 Town budget does not contain any planned expenditures from this account. Additional future projects to which these funds would be contributed include a merge/acceleration lane at the Tiburon Boulevard/Cecilia Way intersection and capacity improvements at the Tiburon Boulevard/Redwood Highway Frontage Road intersection. These improvements are set forth in the General Plan Circulation Element, but are likely to be at least five years away. The cost of these improvements will exceed funds available at this time. No inter -fund loans or transfers occurred in this account for FY 2014-15 and no refunds from this account were issued in FY 2014-15. Street Impact Fee 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, 2014 $1,595,148 Revenues: Fees Collected $891,175 Interest Income $4,838 Refund/Reimbursement $3,720 TOTAL REVENUES Expenditures: TOTAL EXPENDITURES Fund Balance, June 30, 2015 $759,480 $899,733 $(48,632) $2,446,249 EXPENDITURES Projects completed FY 2014-15: Cost % from Fund Annual Pavement Management Program $0 Miscellaneous Projects $48,632 100% Total Projects FY 2014-15 $48,632 For FY 2015-16, the Town has identified in its adopted budget $825,000 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 TOWN OF TIBURON Pagc 3 of 5 Town Council Meeting January 20, 2016 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 completed. According to the most recent Pavement Management Program (PMP) update report, the Town's overall Pavement Condition Index (PCI) now stands at approximately 78, up from a PCI of 66 in 2006. No refunds or transfers were issued from this account in FY 2014-2015. The Town Council received a mandatory five-year report on these funds in January 2015; the next such report is due in January 2020. Affordable Housing In -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, 2014 $1,237,524 Revenues: Reimbursements Interest Income TOTAL REVENUES Expenditures: $7,001 $2,874 Bank Fees $144 Marin Housing JPA $10,746 Legal Expenditures $0 TOTAL EXPENDITURES $9,875 $(10,890) Fund Balance, June 30, 2015 $1,236,509 TOWN OF TIBI'RON Page 4of5 Town Council Meeting January 20, 2016 The Town Council is due to receive a mandatory five-year report on these funds in January 2016. For FY 2015-16 the Town has $33,774 in expenditures planned from the Affordable Housing In - Lieu Fund, primarily for Marin Housing Authority -related services, an annual contribution to the Homeward Bound program for homeless persons, and a contribution to the Marin Homelessness program. 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 2014-15, and no refunds from this account were issued in FY 2014-15. Stormwater Runoff Fee 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 is due in January 2016. STORMWATER RUNOFF FUND Fund Balance, July 1, 2014 $69,941 Revenues: Fees Collected $106,745 Interest Income $235 TOTAL REVENUES $106,980 Expenditures: Storm Drainage Improvements Railroad Marsh Maintenance TOTAL EXPENDITURES $0 $0 $(0) Fund Balance, June 30, 2015 $176,921 For FY 2015-16 the Town has $100,000 in expenditures planned from the Storm Water Runoff Fund. No inter -fund loans, transfers, or refunds were issued to or from this account in FY 2014- 15. RECOMMENDATION Staff recommends the Town Council accept this annual report. No other action is required. Prepared By: Scott Anderson, Director of Community Development TOWN OF TIBURON Page 5 of 5 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 20, 2016 Agenda Item: Cc_ � STAFF REPORT To: From: Subject: Reviewed by: Mayor & Members of the Town Council Community Development Department Housing In -lieu Impact Fees: Required Five -Year Reporting and Finding(Adopt Resolution) BACKGROUND As part of the Town's implementation of its General Plan Housing Element policies and programs, the Town requires developers of housing projects that do not provide affordable housing units on-site or off-site to contribute to an affordable housing in -lieu fund. The mechanism is enforced through Article VII of the Tiburon Zoning Ordinance (Inclusionary Housing and Density Bonuses). The fees have been used over the years to purchase affordable housing units, maintain affordable units owned by the Town, fund payments to the Marin Renters Rebate Program, and make loans to the Marin Housing Authority for the construction of additional affordable units in Tiburon. As in -lieu housing fees may constitute a "development fee" pursuant to Government Code section 66000, the Town may be required to make periodic findings regarding the collection, retention, and expenditure of these funds. In an abundance of caution, the Town is preparing this report in the event that affordable housing in -lieu fees are actually found subject to provisions of Section 66001 of the Government Code. The purpose of this report is to provide background information in support of the findings that will be adopted by resolution. The Town of Tiburon has been collecting affordable housing in -lieu fees for approximately 30 years. Only fees collected after January 1, 1989 are subject to the state -mandated reporting/findings procedure, as this requirement was not made retroactive by the Legislature in its adoption of AB 1600 in 1988. Findings regarding unexpended monies are required to be made every fifth fiscal year. The Town Council most recently adopted the findings for housing in -lieu fees on January 5, 2011. As there were no developer contributions subject to AB1600 remaining in the fund at that time, this report addresses only fund activity for the past five fiscal years. ANALYSIS Over the past five (5) fiscal years, the Town has received revenues of $211,258 into the housing in -lieu fund, and has expended $114,328 from the account, primarily for Marin Housing Authority -related services, legal services, and annual contributions to the Homeward Bound Town Council Meeting January 20, 2016 program for homeless persons. Since 2013, the Town has collected more deposits into this account than have been expended, due to a substantial deposit made in FY 2013-2014 from a development project. The Town continues to identify sites and pursue with private developers and property owners suitable projects upon which the accumulated affordable housing in -lieu funds would be spent to provide new affordable housing units. These sites are identified in the General Plan Housing Element and in the Housing Implementation Plan for the Tiburon Redevelopment Project Area. REQUIRED FINDINGS The Tiburon Municipal Code states as follows: No later than January 30 of each year, the Town Manager shall prepare a report for the Town Council to make findings with respect to any fees in the Town -wide housing in -lieu fund remaining unexpended or uncommitted for five years or more after their deposit. The findings shall identify the purpose to which the fees are to be put and shall demonstrate a reasonable relationship between the fees and the purpose for which they were collected. The findings need only be made for moneys in the possession of the Town. The report for fiscal year 2014-2015 is set forth as a separate item on this agenda for Council acceptance. Findings for the most recent five fiscal -year cycle are made in the attached Resolution (Exhibit 1). RECOMMENDATION Staff recommends the Town Council adopt the attached Resolution as part of the Consent Calendar. EXHIBITS 1. Draft Resolution. Prepared by: Scott Anderson, Director of Community Development, lAl TOWN OF TIBURON Page 2 of 2 RESOLUTION NO. XX -2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MAKING CERTAIN FINDINGS REGARDING FEES COLLECTED FOR AFFORDABLE HOUSING PURPOSES The Town Council of the Town of Tiburon does hereby resolve as follows: WHEREAS, the Town of Tiburon has collected housing in -lieu fees since adoption of Ordinance No. 339 N.S. in November of 1988, prior to legislation regarding annual fee reporting. Pursuant to the California Government Code, the Town Council may be required to make certain findings relative to unexpended funds collected for in -lieu housing purposes on a five-year basis; and WHEREAS, pursuant to Section 16-70.090 of the Tiburon Municipal Code, the Town Manager shall annually prepare a report to the Town Council with respect to unexpended funds; and WHEREAS, the Town has prepared such documentation regarding the housing in -lieu fees and such documentation has been available for public review for at least fifteen (15) days prior to the scheduled public hearing, and WHEREAS, the Town Council received the documentation in the form of a Staff Report prior to its meeting of January 20, 2016 and held a public meeting on the matter on January 20, 2016. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Tiburon does hereby make the following fmdings relative to its unexpended housing in -lieu fees. 1. Purpose of the Fees. The Town Council finds the purpose of the housing in lieu fees is to enhance the public welfare by ensuring that further housing development contributes to the attainment of the Town's General Plan Housing Element goals, policies and programs by (1) increasing the stock of dwelling units accessible to the handicapped; (2) increasing the stock of dwelling units affordable by households of low or moderate income; and (3) requiring housing in -lieu fee contributions for the production or preservation of affordable units. Revenues collected (including interest earned) shall be used for the following purposes: a. Design and construction of permanently affordable units. Tiburon Town Council Resolution No. XX -2016 Page 1 of 3 b. Other actions which would directly preserve, conserve, rehabilitate, or increase the supply of affordable units in the Tiburon Planning Area. The aforementioned goals, policies, and programs are found in the Tiburon General Plan Housing Element, copies of which are available at Town Hall and on the Town's web site at www.townoftiburon.org. 2. Reasonable Relationship Between the Fees and the Purpose for which they are Charged. Housing in -lieu fees are calculated on the basis of the difference between the affordable purchase price of a dwelling unit for which a moderate income family (earning 80% of median income) can qualify, and the estimated cost of constructing a market rate unit of appropriate size. The Town Council finds that the justification and the mechanism for calculating fees are adequately set forth in Chapter 14B and in Chapter 16, Article VII of the Tiburon Municipal Code, which is available for public review at Tiburon Town Hall and on the Town's web site at www.townoftiburon.org. 3. Sources and Amounts of Funding Anticipated to Complete Financing of Improvements. a. The Town Council finds that affordable housing projects constructed in southern Marin County are generally required to be heavily subsidized in order to be economically feasible. This is primarily due to very high land and development costs, although other factors, such as environmental sensitivity, also play a role. b. The Town Council finds that the creation of affordable housing units is an ongoing process, largely driven by the State of California's affordable housing policies as implemented through the Housing Element revision and regional fair share allocation processes. The Town adopted a new Housing Element on August 20, 2014, which identifies several sites as affordable housing opportunity sites upon which housing in -lieu fees are anticipated to be expended. The Housing Element is available for review at Tiburon Town Hall and on the Town's web site at www.townoftiburon.org. The Town Council, acting as successor agency to the now -dissolved Tiburon Redevelopment Agency, has also adopted a Housing Implementation Plan that identifies several housing sites in the Town's solitary Redevelopment Project Area for future projects containing affordable housing units. The Housing Implementation Plan is available for review in the Planning Division and Town Clerk offices at Tiburon Town Hall. c. The Town Council finds that the Town of Tiburon housing in -lieu funds, while helpful to the financing of affordable housing projects, by no means constitute the primary funding source for such projects. The Town is reliant on Tiburon Town Council Resolution XX -2016 --/--/2-16 Page 2 of 3 private property owners for its affordable housing sites, as it does not own any of these sites. Many other sources of funding are typically used in the production of affordable housing developments, which dwarf any subsidy provided by the Town's housing in -lieu fund. The Town Council therefore further finds the collection and expenditure of housing in -lieu fees is an ongoing process for which the funding on hand ($1.23 million) will not be sufficient to insure actual production of the affordable housing units sufficient to meet the Town's regional fair share housing allocations, which currently call for forty (40) units of extremely low, very low, or low-income units. Therefore, the sources and amounts of funding anticipated as necessary to complete the financing of affordable housing improvements are unknown and will vary from project to project. 4. Approximate Dates When Necessary Funding is Anticipated to be Deposited. As stated above, the production of affordable housing is an ongoing process. The Town Council finds housing in -lieu funds collected will be expended toward the purposes stated above and will be used in a timely fashion as new affordable housing project sites are identified and development is pursued. The Town Council anticipates all funds currently in the Town's in -lieu housing fund that are subject to the provisions of Government Code Section 66000 et seq. will be expended within five to ten years. In adopting this resolution, the Town Council neither admits nor implies that the above findings are required by law for its housing in -lieu fees. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, State of California, held this 20th day of January, 2016, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ERIN TOLLINI, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution XX -2016 --/--/2-16 Page 3 of 3 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 20, 2016 Agenda Item: cc_ 7 STAFF REPORT To: From: Subj ect: Reviewed by: Mayor & Members of the Town Council Community Development Department Storm Runoff Impact Fees: Required Five -Year Reporting and Findings BACKGROUND AND ANALYSIS The Town began collecting stormwater runoff 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 fee is collected at the time of building permit issuance. In the past five (5) fiscal years, the Town has received revenues of $265,578 into the stormwater runoff fund, and has expended $248,542 from the account for drainage -related improvements. However, as of July 1, 2013, the fund was nearly depleted (balance under $8,000), due to the prolonged recession and the continuing need for drainage system repair and replacement. No expenditures were made from this account in the past two years. With the advent of the economic turnaround, stormwater fund revenues have increased substantially in the prior two fiscal years, and budget programming to expend the recently -accumulated funds has been resumed. For FY 2015-16 the Town has $100,000 in expenditures planned from the Storm Water Runoff Fund for culvert and storm drain repairs and other improvements identified in the Tiburon Storm Drain Master Plan. Major unexpected storm drain repairs, such as the roughly half - million dollar Stewart Drive project completed in 2015, will continue to place demands on the revenues placed into this mitigation fund beyond its funding capacity. Additional funding sources are required and are used to maintain the Town's storm drain system. RECOMMENDATION Staff recommends the Town Council adopts the attached Resolution as part of the Consent Calendar. EXHIBITS 1. Draft Resolution. Prepared by: Scott Anderson, Director of Community Developments�� RESOLUTION NO. XX -2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MAKING CERTAIN FINDINGS REGARDING FEES COLLECTED FOR STORMWATER RUNOFF PURPOSES The Town Council of the Town of Tiburon does hereby resolve as follows: WHEREAS, since 2005 the Town of Tiburon has assessed stormwater runoff impact fees in conjunction with building permits creating new impervious surface in order to partially offset the cost of upgrading the Town's public drainage system; and WHEREAS, 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 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 20, 2016 and held a public meeting on the matter on January 20, 2016. NOW, THEREFORE, BE IT RESOLVED the Town Council of the Town of Tiburon does hereby make the following findings relative to its unexpended stormwater runoff fees. 1. Purpose of the Fees. The Town Council finds the purpose of the strormwater runoff fees is to partially offset the costs of upgrading, enhancing, and/or rehabilitating the Town's storm drain system to accommodate drainage water resulting from the creation of new impervious surfaces resulting from construction activity. 2. Reasonable Relationship Between the Fees and the Purpose for which they are Charged. The Town has conducted studies and analyses regarding the extent of its storm drain system and the estimated cost of its future rehabilitation. The Town's future storm drainage rehabilitation costs are estimated at $12,210,100 in the GASB 34 Infrastructure Valuation Study (hereafter "GASB Analysis"), prepared by the engineering firm of Harris & Associates, dated March 3, 2004, and available for review in the Office of the Town Engineer. The Town Engineer also prepared the Town of Tiburon Drainage Impact Fee Analysis (hereafter "Fee Analysis"), revised Tiburon Town Council Resolution No. XX -2016 --/--/20I 6 1 EXHIBIT NO. I March 29, 2004, available for review in the office of Town Engineer, which estimates an impervious surface total for the Town of 12.17 million square feet that contributes to stormwater runoff. The Town has also caused to be prepared the Town of Tiburon Storm Drainage Master Plan, conducted by the engineering firm of CSW/Stuber-Stroeh and dated May 1, 2008, that extensively identifies needed upgrades to the Town's public storm drain system. This Plan may be viewed in the office of the Town Engineer. Based on these studies, the proportionate unit cost to rehabilitate the storm drain system is approximately $1.00 per square foot of impervious surface. 3. Need for the Fees. In the judgment of the Town Council, the current storm drain system will not be sufficient to accommodate the amount of runoff likely to be generated by new impervious surfaces in the foreseeable future. Without significant drainage improvements, the Town's storm drain system will likely deteriorate to a point where flooding and property damage would occur. 4. Sources and Amounts of Funding Anticipated to Complete Financing of Improvements. The Town Council finds as follows: a. The Town of Tiburon uses the Tiburon Storm Drainage Master Plan to help prioritize its stormwater drainage system upgrade and/or rehabilitation. The total cost estimate for the complete list of upgrades to the system approaches $11 million. The fund balance at the end of FY 2014-15 was $176,921. b. Stormwater drainage system upgrade and rehabilitation is an ongoing process. As long as new construction, remodeling, and other construction - related activity occurs in the Town that creates new impermeable surfaces, stormwater drainage system upgrades will be required. 5. Approximate Dates When Necessary Funding is Anticipated to be Deposited. The Town Council finds stormwater drainage upgrading, enhancement and rehabilitation is an ongoing process. As long as new construction, remodeling, and other construction -related activity occurs in the Town that creates new impervious surfaces, stormwater drainage system upgrades will be required. Typically, stormwater impact fees are expended within 2-3 years of collection. Tiburon Town Council Resolution No. XX -2016 --/--/2016 2 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, State of California, held this 20th day of January, 2016, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ERIN TOLLINI, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution No. XX -2016 --/--/20 I 6 3