HomeMy WebLinkAboutTC Agd Pkt 2016-02-17TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
• Tiburon, CA 94920
AGENDA
Tiburon Town Council
February 17, 2016
Special Meeting - 7:00 p.m.
Regular Meeting - 7:30 p.m.
TIBURON TOWN COUNCIL
SPECIAL MEETING - 7:00 p.m.
CALL TO ORDER AND ROLL CALL
Councilmember Doyle , Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor
Fraser, Mayor Tollini
CLOSED SESSION
1) CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant
Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
One potential case
2) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
One potential case
ADJOURNMENT - to regular meeting
REGULAR MEETING - 7:30 P.M.
CALL TO ORDER AND ROLL CALL.
Councilmember Doyle , Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor
Fraser, Mayor Tollini
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however, that the Town Council is not able to undertake extended discussion
or action on items not on the agenda. Matters requiring action will be referred to the appropriate
Commission, Board, Committee or staff for consideration or placed on a future Town Council
meeting agenda. Please limit your comments to three (3) minutes.
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council, public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. Town Council Minutes - Adopt minutes of January 20, 2016 regular meeting (Town Clerk
Crane Iacopi)
2. Town Audit Report - Recommendation to accept and file the Town's Fiscal Year 2014-15
Basic Financial Statements and Independent Auditor's Report (Director of Administrative
Services Bigall)
3. Mid -year Budget Report - Recommendation to accept Town mid -year budget review for
Fiscal Year 2015-16 (Director of Administrative Services Bigall)
4. 27 Main Street (Sam's Anchor Cafe) - Adopt resolution of findings of appeal of Planning
Commission decision to approve a 920 square foot canopy on a portion of an exterior deck
for an existing restaurant (Community Development Department)
5. Settlement Agreement - Authorize execution of Release and Settlement Agreement
between Union Pacific Railroad Company and the Town of Tiburon (Town Attorney Stock)
ACTION ITEMS
1. Leaf Blower Regulations - Review of existing town regulations pertaining to leaf blowers
and hedge trimmers; Title VI, Chapter 30 of the Tiburon Municipal Code (Director of
Community Development Anderson)
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
WEEKLY DIGESTS
• Town Council Weekly Digests February 5 & 12, 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.
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Tollini called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, January 20, 2016, in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock,
Director of Administrative Services Bigall, Director
of Public Works/Town Engineer Barnes, Acting
Police Chief Seyler, Planning Manager Watrous,
Town Clerk Crane Iacopi
ORAL COMMUNICATIONS
Mayor Tollini welcomed Town Manager Greg Chanis' to his first Town Council meeting as
manager.
There were no other oral communications.
CONSENT CALENDAR
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)
oundl Minutes #01 -2016
January 20, 2016 Page 1
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 Stornwater
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)
Vice Mayor Fraser asked to remove Item No. 11 for discussion. He said he had heard the
stairway in question needed upgrades and repairs, possibly costing $80,000. Fraser asked if the
Point Tiburon Condominium Association would bring the stairway up to code prior to the Town
taking possession.
DRAFT
Town Council Minutes #01 -2016 January 20, 2016 Page 2
Town Attorney Stock replied affirmatively, noting that under the agreement, Point Tiburon will
construct the stairway and the Town will not acquire ownership until all the necessary work with
permits are completed and signed off on by the Town.
MOTION: To adopt Consent Calendar Item Nos. 1 through 12, as written.
Moved: O'Donnell, seconded by Fraser
Vote: AYES: Unanimous
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)
The Council received a report from GGBHTD Planning Director Ron Downing. He said the
two components of the service proposal undergoing public review were: 1) whether the
Bridge District would assume the Blue & Gold Ferry Service (due to Blue &Gold's proposed
elimination of its commuter ferry routes); and 2) whether to continue the GGBHTD ferry
commuter bus service, Route 8.
Mr. Downing said that Route 8 had a long history of under -performance as a bus route and
had been on the district's "radar" for a number of years. He said the town had participated in
a Tiburon Peninsula transit needs assessment which called for more transit to Highway 101;
as a result of this survey, and the stated needs, he said the shuttle service on the peninsula had
been "beefed up".
Downing said the district was respectful of the concerns expressed by Route 8 riders,
however, he said that the ridership was not consistent, one reason being that people no longer
tend to commute to the city five days a week anymore. He said an alternative was to use
Route 219 shuttle service to bring commuters to Strawberry, where they could connect to bus
service to San Francisco. He said the district had moved trips around to accommodate
commuters, and would further alter Bus Route 4 from Mill Valley in March. Downing said
in no way did the district want this change [elimination of Route 8] to be construed as
"leaving people stranded"; rather, he said steps were being taken to accommodate commuters
from Belvedere and Tiburon.
Mr. Downing noted that there were a whole host of issues that needed to be resolved in order
for the district to consider taking over the ferry service. He said the California Public
Utilities Commission (CPUC) would need to take action, and that would not take place until
late spring or perhaps June of this year.
DRAFT
Tori' 17 Council Minutes #01-2016 January 20, 2016 Page 3
Meantime, Mr. Downing said that the district had crafted alternatives for everyone who uses
the bus and ferry service. He noted the comment period would remain open until Friday at
4:30 p.m.
The Council had some questions and comments on the report.
Councilmember Fredericks commented that people did not like the idea of crossing over the
freeway overpass in Strawberry in order to connect to a [southbound] bus. Alternative, she
asked if the new routes more or less coincided with Route 8, and would not require crossing
over the freeway.
Mr. Downing answered affirmatively, and said the district had responded to the concerns
about crossing over the freeway and rerouted Route 4 (morning service) to the back of the
Strawberry Shopping Center to accommodate people with these concerns. He said that riders
requiring more frequent service could still cross over and catch a southbound bus. In the
evening, Downing said there was much more frequent northbound service to the freeway bus
pad and Route 219 connection.
Councilmember O'Donnell asked how the financial [fare] systems would work together in
the proposed ferry and bus service. Mr. Downing said that the Clipper Cards would make the
fare changeover "seamless".
Vice Mayor Fraser asked for a more graphic description of the routes and connections in the
Strawberry area, which Mr. Downing provided. He also wanted to know how much time it
would take to make these connections and arrive in San Francisco. Mr. Downing said that it
would take about an hour, with a short wait time between connections.
Mayor Tollini asked how many of the busses would go through Mill Valley [which adds
another 10-15 minutes added to the route]. Mr. Downing said that three or four go through
Mill Valley, but that during mid-day, there would be more opportunities [bus service] for
Tiburon residents going to San Francisco.
Mayor Tollini opened the item for public comment.
Drew Marks, 43 -year peninsula resident and Route 8 rider, said that some of the stated
information was factually incorrect. He said that the reason he takes the Route 8 bus is that it
is direct and convenient. He said that Route 8 riders disagreed with the GGBHTD staff's
assessment and noted that he had a petition with 48 signatures opposing the elimination of
Route 8. He said that the busses are "almost full" when you get to the highway and that there
are 30-35 riders on the first bus home in the evening.
Mr. Marks said the Belvedere City Council had sent a letter opposing the elimination of
Route 8, and he urged the Tiburon Town Council to do the same. He said that people take
DRAFT
Town Council Minutes #01 -2016
Januaiy 20, 2016 Page 4
the bus for enjoyment and efficiency, and that public transit should indeed be a convenient
and efficient way to get to work. He said that Route 4 was not a solution.
There being no further comment, Mayor Tollini closed the item to public comment.
Councilmember O'Donnell agreed with the comment about efficiency, adding he thought the
bridge district's intention was not to reduce public service. He said that he had done an
informal survey of Route 8 ridership, and said that one morning he counted only eight riders
picked up along the route all the way to Strawberry. He also said he knew of a disabled rider
for whom the crossing of the freeway would indeed be an issue. He said the issues being
discussed were not easy to resolve, and he wondered what might be done that would effect a
change at this juncture.
Councilmember Fredericks commented that Route 8 appeared to be efficient for a few riders,
but that public transit's mandate was to serve the greater needs of the public. She said that
the district had to subsidize the Route 8 service, a subsidy which could likely be used to
improve efficiency elsewhere. She said she hoped the outcome would be a decision made in
the best possible way.
Fredericks noted that the "trade-off' to the elimination of Route 8 would be an extra 10
minutes on the route through Mill Valley, or to get off at the highway and take an express bus
to the city. But she said that the crossing of the freeway had been eliminated from the
proposal.
Vice Mayor Fraser said that change, in general, is difficult. He wondered if there might be
some way to incentivize it, perhaps through a one-time (six month) fare reduction or the like.
Councilmember Fredericks said that maybe there should be a six-month monitoring period to
count ridership, or perhaps a trial period for the new service. She said that if the 143 people
who signed the petition would take the bus, the route would be in great shape.
Mayor Tollini said that perhaps the Council could send a letter to GGBHTD asking for a
confirmation of ridership and asking the district to explore an incentive for the transition.
She said if the number of riders on Route 8 was higher than expected, perhaps the district
would consider continuing to subsidize it.
Councilmember Fredericks [who also serves as a director of the GGBHTD] said that the
district already provides a 25-29% subsidy to its bus routes, and for Route 8, it is three to four
times that amount. She said it did not make sense to create an incentive for a select few.
Mayor Tollini said that if ridership could be increased, that would be a great goal to shoot for.
DRAFT
Town Council Minutes #01 -2016 January 20, 2016 Page 5
Councilmember Fredericks said she thought in this market a fare reduction would not carry
that much weight, but she agreed that asking for consideration for promotion and incentive
for the new service might be worthwhile.
Councilmember O'Donnell said his approach and advice to riders would be to try the new
service and see if they like it.
There was no motion made to take further action.
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)
In his report, Town Manager Chanis summarized the success of the Yellow Bus Challenge
Program (YBCP) in doubling student ridership and helping to reduce traffic on Tiburon
Boulevard.
The Town Manager said that during the current school year, a number of changes were made
in the operation of the YBCP, including expanding the number of routes, clustering
passengers by school, and subsidizing the cost of bus passes. According to Chanis, these
changes, along with the decision to stagger "bell times" at the schools, have resulted in
increased ridership on buses serving the Reed Unified School District (RUSD) and reduced
school -related traffic congestion on Tiburon Boulevard.
Town Manager Chanis noted that a committee comprised of representatives and volunteers
from the City of Belvedere (City), Town of Tiburon (Town), and RUSD -- (the Committee) --
meets regularly to oversee implementation of the YBCP, troubleshoot problems or issues,
and develop a strategy to ensure the YBCP continues and improves in the future. He said
that although the Committee feels the current year's experience has been positive, it has
identified a number of areas in need of improvement, including:
• Performance of the current service provider, who has been unable to consistently provide
the level of service required for a successful operation.
• Administrative management of the YBCP, which has placed an unanticipated burden on
RUSD staff.
• Streamlining of the bus pass purchasing process and improved access to information
about the YBCP.
• Long-term funding of the YBCP.
Chanis said the Committee has also developed a list of recommendations, which if
implemented, will allow the YBCP to better serve the users of the service and partner
agencies in the future. These recommendations include:
DRAFT
Town Council Minutes #01 -2016
January 20, 2016 Page 6
• Develop a bus pass purchasing platform that creates efficiencies, streamlines
administration and improves the flow of YBCP information to families and staff. Due to
the timelines associated with the goal of having passes for the 2016-2017 school year
available for sale in April/May 2016, this work needs to be completed in the first quarter
of 2016, which makes it an expense in the current fiscal year.
• Create a Joint Powers Authority (JPA), initially comprised of the Town, City and RUSD,
to establish, operate and maintain a school bus system to mitigate traffic congestion
during RUSD bell times. (He noted that a draft agreement to establish the proposed JPA
was attached to the staff report).
Once established, Chanis said the Committee recommends the JPA consider the following
actions:
o Solicit proposals from qualified companies to provide bus service beginning in the
2016-2017 school year.
o Recruit and hire administrative staff to coordinate the YBCP.
o Explore options for identifying and securing a permanent source of funding (In
addition to bus pass sales) for the program, including investigating the possibility
of seeking a voter -approved parcel tax.
o Study the potential benefits of inviting the Town of Corte Madera and County of
Marin to join the JPA in the future.
Town Manager Chanis also reviewed costs and funding for the YBCP for the current and
coming fiscal years (detailed in the written staff report). He pointed out that the proposed
JPA would not provide funding in the current year; he also said that costs could be further
reduced if other sources of funding are identified.
Vice Mayor Fraser echoed the comments of the Town Manager and lauded the 15 -member
committee for its efforts and commitment. He said that the additional costs for software
development were warranted and would provide real-time information that could be added to
the ticket -purchasing platform. He said that committee member Sally Wilkinson, an expert
in information technology and business, was volunteering her time to develop this
application.
The Vice Mayor also touched on the problems with the current bus provider which had been
verified by some other districts. He suggested that the cost difference for a more expensive
but reliable service would have to be borne through ticket price. He said families could
anticipate the annual fare cost to rise from $215 to about $300.
Fraser said that what really works about the YBCP is the collaboration between the City,
Town and RUSD. He said the proposed JPA would mirror the school district boundaries. He
said the RUSD board, at a recent meeting, had expressed its interest in wanting to be
involved, but he said the board had asked for more information about what [the JPA] would
DRAFT
Town Council Minutes #01 -2016
January 20, 2016 Page 7
entail. Fraser cautioned that "pausing" at this juncture would not help anyone, and warned
that the program might implode if the program members were not "all in".
As for funding sources, Fraser said that a ballot measure for a proposed parcel tax had been
discussed. He said that a community poll on this issue had also been discussed, however, it
would cost around $75 - $100K for such a poll. He said the City and Town had done a good
job in providing funding for this program to date, but the question remained as to how to
assume some of these additional costs.
Councilmember Fredericks said that in reviewing the goals and purposes of the JPA, she
wondered whether anyone had considered broadening it from simply bus service to
congestion relief. Fredericks said this would allow for future funding for improvements such
as bus stops, sidewalks, and lights.
Vice Mayor Fraser said what he heard at the RUSD board meeting last night was that "we
need to do one thing right first" and later on, the JPA board could work with and make
changes to the accord.
Town Attorney Stock noted that this issue had come up and been considered initially by the
Committee. He said the JPA had started out with a broader goal, and he said that there was
nothing to prohibit it from being made more broad in future. He also noted that with the
example of bus shelters, and other facilities would be part of operating a bus service, the cost
of which would fall under "operations".
Councilmember Fredericks said that with a sales tax expenditure plan, you must clearly state
what the funds are used for. Town Attorney Stock said that likewise, with a parcel tax, the
language must clearly state what the funds will be used for. He said the joint powers
agreement could be more broad, while the ballot language could be more specific.
Committee member Councilmember O'Donnell said that they would like to invite the County
and Corte Madera to be in at the "get go", as well, especially if the JPA district boundaries
included these areas. He said that due to the many Proposition 218 legal challenges, might
not it be better to include them now rather than adding them later.
Town Attorney Stock said this was a valid concern and had been discussed by the
Corrunittee. However, he said he had been given direction to draft the JPA for the three
parties and to make it easy for the others to join later. The policy question would be whether
to include them at the front end, so that they would have a "seat at the table".
Vice Mayor Fraser said that the idea of "starting small" seemed to make sense at this time.
He said that Corte Madera had joined the YBCP because they understood the rationale for it
and that there were 100 or more kids from that jurisdiction in RUSD. He said that the YCBP
had promised a maximum bus time of 30 minutes in order to make it work for parents and
DRAFT
Town Council Minutes #01 -2016 January 20, 2016 Page 8
kids in Corte Madera. In turn, the Corte Madera Town Council had contributed $25,000 to
the program.
Councilmernber O'Donnell said that the City and Town had been spearheading this effort
from the beginning; he said that other areas, such as Paradise ay and Corte Madera,
understand the benefits and so he would lean towards including them, and at least find out if
there is an interest in the taxation and subside (benefit).
Mayor Tollini opened the floor to public comment.
District 3 Supervisor Kate Sears, who said she had come to the meeting to hear the discussion
on firearms regulation, said the County would be willing to talk about a JPA, as well as other
ways to participate. She suggested that for timing reasons noted in the staff report, the
current parties should proceed with its plans to adopt the JPA.
Sears said the YBCP is a fantastic model and the lessons learned from it are being shared
with other communities, such as Mill Valley, who want to emulate the program.
Councilmernber O'Donnell said that the Town had ponied up $300,000 or more to date. He
said that the problems of traffic congestion were wider than just Tiburon and affected all of
southern Marin. He said that he would like to talk to the County as soon as possible about
participating in the "bridge year" program. He noted that Marin Transit had been a very able
and active participant at the table.
Supervisor Sears noted that Mill Valley Middle School had agreed to subsidize a person like
Robert Betts (manager of Marin Transit) in its plans. She indicated a willing to continue the
discussion with Tiburon.
The discussion returned to the Council.
Councilmember O'Donnell said that he was in favor of the JPA and cost subsidy, adding that
he would like to have the County's participation, as well.
O'Donnell said that he was both a Councilman [and member of the Committee] as well as a
customer. He said the Yellow Bus program had been a positive experience for his son. He
said that often programs only receive negative publicity and he wanted to represent the "silent
majority" of people for whom it had been a success. He said he hoped the program could
continue, with RUSD being a partner in the JPA. He said while it might not be necessary for
the school district to contribute to the subsidy, it was important that they have a voice at the
table.
Vice Mayor Fraser agreed; he said there would be no JPA consisting solely of Belvedere and
Tiburon; rather, its formation was conditioned upon the participation of all three parties. He
DRAFT
Town Council Minutes #01-2016
January 20, 2016 Page 9
said it was important to know where RUSD stood as soon as possible, as bus passes for the
coming year go on sale in April.
Councilmember O'Donnell said he supported formation of the JPA with the three parties,
with the mission of adding the Town of Corte Madera and the County of Marin at a later date.
Councilmember Fredericks said she, too, supported staff's recommendations. She asked for
clarification of the dollar amount being contributed by the Town. She also said she fully
supported Councilmember O'Donnell's idea of adding Corte Madera and the County, and
perhaps even Mill Valley, when the time is right. She said she would vote in favor of the
current JPA, as written.
Town Manager Chanis confirmed the Town's [previously approved] contribution for the
current school year was $325,000; he said there would be a more precise number for the
upcoming fiscal year when the FY 2016-17 Operating Budget was presented to the Council.
Councilmember Doyle also concurred with O'Donnell's comments about the YBCP and his
recommendation to get Corte Madera and the County involved in the program. He said that
as a "kid" riding the bus, he found it to be a positive experience during the day; a break
between school and home.
Mayor Tollini said the numbers don't lie; that there had been a measurable reduction in
traffic as a result of the YBCP, as evidenced by the traffic studies. She applauded everyone's
efforts toward making the program a success.
Mayor Tollini said she, too, would support staff's recommendations, and asked for a motion to:
1. Reaffirm the Town's support of the Yellow Bus Challenge Program and continued
participation on the Yellow Bus Challenge 2.0 Committee and,
2. Review the Draft "Joint Powers Agreement to establish, operate and maintain a
school bus system to reduce traffic" and provide direction to the Town Manager, who
will work with representatives from Belvedere and the Reed Union School District to
finalize the document for Town Council consideration at the February 17, 2016 Town
Council meeting and,
3. Direct staff to include, for Town Council consideration, an appropriation in the Fiscal
Year 2016-2017 Town Operating Budget, to subsidize the Yellow Bus Challenge
program in School Year 2016-2017.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Unanimous
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)
DRAFT
Town Council Minutes #01-2016
January 20, 2016 Page 10
Mayor Tollini said she was fully in support of Second Amendment rights. She said she had
asked staff to place a discussion of this item [Chapter 32] on the agenda so that the town
could weigh in against the kinds of guns used in recent crimes and mass shooting. She said
these events had created a "tipping point" between the rights of certain types of gun
ownership and public safety and welfare. She said that as a mother and a community leader,
she wants the Town to be at the forefront of this discussion and to take action in order to
make our community a safer place, and to send a message to County and State leaders.
In his staff report, Town Manager Chanis said that some local jurisdictions have begun
reviewing their regulations to determine whether there are additional measures that can be
enacted at a local level to address the increase in gun violence. He said that most California
cities that have considered further regulation have focused on regulations in the following
areas:
1. Possession of large capacity magazines.
2. Reporting requirements for lost or stolen firearms.
3. Requirements for the safe storage of firearms.
4. Further regulating firearm dealers.
Chanis' report further analyzed these types of regulations. He also included copies
ordinances adopted by the City of San Francisco, City of Sunnyvale, and proposed state
legislation, the "Safety for All" initiative. He said staff would seek direction from the
Council as to any amendments to the Town Code it might want to consider, and if so, direct
staff to return with a draft amended ordinance.
Councilmember Fredericks asked whether it is possible to restrict certain types of business
activities in the town. Town Attorney Stock said that action would be impermissible; he said
the Town has to allow a location somewhere to sell firearms and ammunition. He said that it
could be made clear, however, that the location must be located in a commercial zone.
In referencing other legislation, Councilmember Fredericks asked if the State or Federal
regulations might preempt any changes to the Town Code.
Attorney Stock said that cases interpreting the Second Amendment indicated there was no
blanket prohibition. But he said that the State of California regulates multiple areas
involving firearms and has preempted discrete areas of gun regulation, including licensing of
firearms dealers.
Fredericks asked if the lists of dealers with permits, or permittees, would be a public
document. Town Attorney Stock said he would look into this question further.
Councilmember Fredericks asked if Lt. Governor Newsom's "Safety for All" initiative
passed, would it preempt all local control of the sale of firearms and ammunition.
DRAFT
Town Council Minutes #01 -2016
January 20, 2016 Page 11
Attorney Stock said that it would likely preempt several categories under consideration. He
said the initiative included sections on the regulation of large capacity magazines and lost and
stolen firearms, both of which were under discussion in the council's review of Chapter 32.
Attorney Stock added that a local jurisdiction could enact more stringent regulations if not
preempted.
Vice Mayor Fraser said he had been present in meetings with the Mayor and Town Attorney
that had included a local expert from the Law Center to Prevent Gun Violence on these types
of regulation. He said he was aligned with the Mayor in her desire to regulate large capacity
magazines, lost or stolen firearms, and possibly firearms dealers. He said he personally did
not want to see the people of Tiburon owning or selling large capacity weapons.
Mayor Tollini opened the matter to public continent.
Supervisor Kate Sears expressed her support and appreciation to the Mayor for bringing this
matter forward. She said it would be fabulous if Tiburon was the first town to take action,
and it could provide a model for other cities, and the County of Marin. She said it was the
right way to go.
There being no further comment, the discussion returned to the Council.
Councilmember Fredericks said she, too, would support amendments to the Town Code. She
suggested writing a letter of support for Newsom's bill; also requesting that it be amended to
not usurp local control, if the Council thought it was important to make that statement.
Attorney Stock noted that if Newsom's initiative passed, the town would be unable to enact
stricter legislation on the areas covered under the initiative. Mayor Tollini said that the areas
under consideration in the Town's regulations tracked Newsom's bill.
Councilmember O'Donnell recalled the Sandy Hook school shooting that had taken place
during his term as mayor. He said that [former] New York Michael Mayor Bloomberg had,
with his own funds, formed an organization called "Mayors Against Illegal Firearms" which
O'Donnell had subsequently joined. After joining, O'Donnell said that Town was flooded
with public records requests and letters opposing gun regulation, and he said he had been
counseled at the time to be careful about joining larger initiatives outside of local control. He
said someone told him when he ran for office that local officials should concentrate on the 4
P's: Police, Potholes, Policy and Parks (or programs).
O'Donnell said that he understood the symbolic nature of strengthening regulations but he
advised a cautious approach to avoid any legal issues. He said that President Obama had
spoken eloquently about gun regulation. He said he would be in favor of supporting
legislation, such as the Lt. Governor's initiative, rather than adopt a "symbolic" local
ordinance. However, he said he would support the majority vote on this matter.
DRAFT
T011'n Council Minutes #01 -2016
January 20, 2016 Page 12
Councilmember Doyle reiterated his belief that legislation should not be adopted to regulate
the "lowest common denominator". He said it was common sense to track lost or stolen
firearms, and to regulate large capacity magazines, and that he would support local regulation
for its symbolic purposes. He commented that Tiburon was not Montana where, for instance,
one can purchase firearms at the local WalMart. But he said the Town should "not make a
big deal" about regulating firearms.
Vice Mayor Fraser said he agreed that the Town should proceed cautiously on this issue but
said that the symbolic nature of it was important.
Vice Mayor Fraser and Councilmember Doyle said they also concurred with the
recommendation to send a letter of support to Newsom for his "Safety for All" initiative.
Mayor Tollini said she was encouraged by a conversation with the Chief of Police who had
told her that anything the Town could do to get even one large capacity magazine off the
street would be moving in the right direction. She said she would like to build a coalition of
cities in the County who were interested in doing so.
Tollini went on to say that after the 101 California shooting, locals activists banned together
and used their influence to recommend stricter firearms regulations, which were now State
law. She said she wanted to send a letter of support for "Safety for All", as well as consider
amendments to local regulations.
Councilmember Fredericks said that she and the seated Mayor [Mayor Tollini] comprised the
Town's ad hoc legislative subcommittee, and they might write the letter on behalf of the
Council.
MOTION: To direct staff to prepare amendments to Chapter 16 (Zoning) and Chapter 32
(Regulation of Firearms) of the Town Code for Council's future consideration;
and send a letter of support to Lt. Governor Newsom for his "Safety for All"
initiative.
Moved: Fredericks, seconded by Doyle
Vote: AYES: Unanimous
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
DRAFT
Town Council Minutes #01 -2016
January 20, 2016 Page 13
Senior Planner Watrous summarized the application in the staff report, and noted the Planning
Commission's approval and recommendation to approve the amendment. There were no
additional questions or comments from the Council.
Mayor Tollini opened the public hearing. There was no public comment. Mayor Tollini closed
the public hearing.
MOTION: To adopt the resolution approving the precise plan amendment, as written.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Unanimous
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
Councilmember Doyle recused himself from hearing the item.
Senior Planner Watrous summarized the discussion in the staff report. He said the applicant
proposed creating three (3) separate condominium parcels to allow separate ownership of each of
the existing single-family dwellings. He said the Planning Commission's recommended
approval of the amendment to the PDP and condominium use permit.
Mayor Tollini opened the public hearing.
Michael Heckman spoke, representing the owners, Alan Allen and his wife, who were out of
town. He said the Planning Commission had done a thorough review of the ownership structure
and proposed changes.
Councilmember O'Donnell said that he was happy to support the proposal while also noting the
Town had recently spent around $200,000 in drainage improvements to the parcels as a result of
a settlement with the applicants.
There being no further comment, Mayor Tollini closed the public hearing.
MOTION: To adopt the resolution approving the PDP amendment and condominium use
permit, as written.
Moved: O'Donnell, seconded by Fraser
Vote: AYES: Fraser, Fredericks, O'Donnell, Tollini
RECUSED: Doyle
DRAFT
To11,/7 Council Minutes #01 -2016
Januazy 20, 2016 Page 14
TOWN COUNCIL REPORTS
None.
TOWN MANAGER REPORT
Town Manager Chanis said the Town had received information from Blue & Gold Fleet that their
Tiburon dock platform would be undergoing repairs, thereby cancelling ferry service between
Februaryl6 and 28, 2016. He said B&G would provide busses to service the ferry passengers
during commute hours but not during the mid-day runs. He said that the Tiburon ferry tickets
would be honored on the Larkspur and Sausalito ferries.
In response to Mayor Tollini's earlier remarks, Chanis said how welcoming everyone had been to
him, and his wife, Polly, thereby making their transition to living in Tiburon both easy and
enjoyable.
WEEKLY DIGESTS
• Town Council Weekly Digests December 4, 11 & 25, 2015
• Town Council Weekly Digests January 8 & 15, 2016
Received.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Tollini
adjourned the meeting at 9:19 p.m.
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT
Town Council Minutes #01 -2016
ERIN TOLLINI, MAYOR
January 20, 2016 Page 15
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
February 17, 2016
Agenda Item: ( C r
STAFF REPORT
To:
From:
Mayor and Members of the Town Council
Community Development Department
Subject: 27 Main Street; File No. CUP2015002; Conditional Use Permit to Install
a Canopy on a Portion of an Exterior Deck at an Existing Restaurant; 27
Main Street, LLC, Owner; Sam's Anchor Cafe, Applicant; Assessor's
Parcel Number: 059-151-35
Reviewed By:
/ z.=
BACKGROUND
At its meeting of February 3, 2016, the Town Council held a hearing on this item and directed
Staff to return with a resolution denying the appeal while modifying two conditions of approval
imposed by the Planning Commission. The two conditions were #4 and #5, which involved
(respectively) the hours of operation for outdoor dining and alcohol service on the existing deck,
and the prohibition of amplified sound, outdoor audio speakers, and live music on the deck.
ANALYSIS
Based on direction provided by the Town Council at the meeting, staff has prepared a draft
resolution for consideration of adoption. Proposed modifications to the two conditions of
approval are set forth in redlined version on attached Exhibit 1. A clean copy of the draft
resolution is attached as Exhibit 2.
RECOMMENDATION
Staff recommends that the Town Council review the draft resolution and the recommended
revisions to the conditions of approval, and if found acceptable, adopt the Resolution denying the
appeal and modifying conditions of approval imposed by the Planning Commission.
EXHIBITS
1. Revised conditions of approval #4 and #5.
2. Draft Resolution (clean copy).
Prepared By: Kyra O'Malley, Associate Planner
TOWN OF TIBURON PAGE 1 OF 1
Revised Conditions #4 and #5
Original #4
4. Hours for food services outdoors shall be limited to 11:00 a.m. to 9:30 p.m. Monday —
Friday and 9:30 a.m. to 9:30 p.m. Saturday -Sunday.
Proposed #4
4. Hours for provision of dining services (both food and drink) on any portion of the
deck, including the canopy area, shall be limited as follows:
a. From May 1 through October 31: 11:00 a.m. to 10:30 p.m. Monday through
Friday; and 9:30 a.m. to 10:30 p.m. Saturday and Sunday.
b. From November 1 through April 30: 11:00 a.m. to 9:30 p.m. Monday through
Friday; and 9:30 a.m. to 9:30 p.m. Saturday and Sunday.
Original #5
5. There shall be no amplified sound, public address (PA) system, outdoor speakers, or
live music on the deck.
Proposed #5
5. There shall be no amplified sound, public address (PA) system, outdoor speakers, or live
music allowed on any portion of the deck, including the canopy area, unless a permit is
obtained pursuant to provisions of Chapter 25, Section 25-1 of the Tiburon Municipal
Code or successor sections thereto.
NO._L_. _
RESOLUTION NO. DRAFT -2016
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON DENYING AN APPEAL FILED BY THE WATERS EDGE HOTEL
OF THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT TO
INSTALL A CANOPY ON A PORTION OF THE EXTERIOR DECK OF AN EXISTING
RESTAURANT (SAM'S ANCHOR CAFE) LOCATED AT 27 MAIN STREET WHILE
MODIFYING CONDITIONS OF APPROVAL IMPOSED BY THE PLANNING COMMISSION
(ASSESSOR PARCEL NO. 059-151-35)
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Recitals/Findings.
A. On August 31, 2015, the Town received an application (#CUP2015-002) filed by 27
Main Street, LLC calling for installation of a 920 square foot canopy on the
easternmost portion of the existing exterior deck on a restaurant (Sam's Anchor Cafe)
located at 27 Main Street. The application was deemed complete on October 16, 2015,
and consists of the following:
1. Application form and supplemental materials received August 31, 2015
2. Site Plan and Floor Plan received January 25, 2016
The official record for this project is hereby incorporated and made part of this
resolution. The record includes, without limitation, staff reports, minutes, application
materials, appeal materials, correspondence, and all comments and materials received at
any public hearings.
B. The Planning Commission held duly -noticed hearings on the application on November
11, 2015 and December 14, 2015. At the conclusion of the public hearings, the
Planning Commission determined, based upon the totality of the record at that time, the
project as conditioned would be consistent with the Tiburon General Plan and in
compliance with applicable sections of the Tiburon Zoning Ordinance, specifically
Section 16-52.040 (D), and with other applicable regulations. The Commission found
the proposed canopy and its operating conditions would be consistent with the intent of
the Village Commercial zoning and General Plan land use designation, which
encourages "resident -serving commercial and office uses, tourist oriented uses and
mixed (commercial/residential or office/residential) uses." The Commission further
found the proposed project would provide additional outdoor dining options year-round
and serve patrons during evening hours in the deck area instead of limiting such service
to surnrner months or to sunset. The Commission also found the proposed project
would be consistent with Land Use Policy DT -3, which states that the "the Town shall
actively promote the economic vitality of its Downtown," in that it would allow for
patrons to enjoy the deck during evening hours and year round, which would promote
economic vitality on Main Street.
TIBURON TOWN COUNCIL
RESOLUTION NO. DRAFT -2016 --/--12016 1
EXHIBIT NO. a.
C. On December 14, 2015, the Planning Commission adopted Resolution No. 2015-10
approving the project with conditions, including limits on the dining service hours for
the entire deck area and requirements for a solid wall on the canopy abutting the
adjacent Waters Edge Hotel to address potential noise issues.
D. In approving the project, the Planning Commission found that the project is exempt
from further review under the California Environmental Quality Act (CEQA) pursuant
to Section 15301 (e) of the CEQA guidelines for the following reasons: 1) the proposed
canopy structure constitutes a minor addition/alteration to the existing restaurant
facility; 2) no increase in floor area is proposed; 3) the project is located in an area
where all public services and facilities area available; and 4) the project is not in an
environmentally sensitive location. The Planning Commission further found that the
project is exempt from CEQA pursuant to Section 15303 (e) of the CEQA guidelines in
that the project involves installation of an accessory structure appurtenant to an existing
commercial building and there are no environmental resources of hazardous or critical
concern in the project vicinity. A Notice of Exemption to that effect was filed by the
Town on December 18, 2015.
E. On January 4, 2016, the Waters Edge Hotel filed a timely appeal of the Commission's
decision on the merits of the project. The appeal did not raise the issue or challenge the
approval on the basis of compliance with the California Environmental Quality Act,
and the Notice of Exemption filed by the Town on December 18, 2015 is final.
F. On February 3, 2016, the Town Council held a public hearing to consider the appeal
and heard and considered all testimony and evidence in the record. At the conclusion
of the public hearing, the Town Council voted 4-0 to direct staff to prepare and return
with a draft resolution for consideration of adoption at the next meeting. The draft
resolution would deny the appeal while modifying certain conditions of approval
imposed by the Planning Commission regarding outdoor dining service hours on the
deck and the qualified prohibition of amplified sound and or/live music on the deck.
Section 2. Incorporation of Recitals
NOW, THEREFORE BE IT RESOLVED that the foregoing Recitals are true and
correct and are incorporated herein and form a part of this Resolution.
Section 3. Denial of the Appeal
NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby denies the appeal filed
by the Waters Edge Hotel.
Section 4. Amendment of Conditions of Approval
NOW, THEREFORE BE IT RESOLVED that the Town Council hereby amends the conditions
of approval of the conditional use permit to read as set forth on attached Exhibit "A", hereby
incorporated and made a part of this Resolution.
TIBURON TOWN COUNCIL
RESOLUTION NO. DRAFT -2016 --/--/2016 2
PASSED AND ADOPTED at a regular meeting of the Town Council on
, 2016, by the following vote:
AYES:
NAYS:
ABSENT:
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TIBURON TOWN COUNCIL
ERIN TOLLINI, MAYOR
TOWN OF TIBURON
RESOLUTION NO. DRAFT -2016 --/--/2016 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
FILE #CUP2015002
27 MAIN STREET
1. The use shall operate in substantial conformance with the application materials
submitted by the applicant as amended by this approval. Any substantial
modification of the approved use, as determined in the reasonable discretion of
the Director of Community Development, shall require an amendment to this
use permit or a new use per7nit.
2. Site Plan & Architectural Review approval shall be required for any exterior
modifications and site improvements, pursuant to Chapter 16 of the Tiburon
Municipal Code.
3. The applicant shall obtain all necessary permits from the Town Building
Division.
4. Hours for provision of dining services (both food and drink) on any portion of
the deck, including the canopy area, shall be limited as follows:
a. From May 1 through October 31: 11:00 a.m. to 10:30 p.m. Monday through
Friday; and 9:30 a.m. to 10:30 p.m. Saturday and Sunday.
b. From November 1 through April 30: 11:00 a.m. to 9:30 p.m. Monday
through Friday; and 9:30 a.m. to 9:30 p.m. Saturday and Sunday.
5. There shall be no amplified sound, public address (PA) system, outdoor
speakers, or live music allowed on any portion of the deck, including the canopy
area, unless a permit is obtained pursuant to provisions of Chapter 25, Section
25-1 of the Tiburon Municipal Code or successor sections thereto.
6. The applicant shall comply with the design recommendations for noise
reduction stated in the acoustical consultant letter dated September 23, 2015,
attached hereto as Exhibit "A' and incorporated herein.
7. The eisenglass panels shall be dropped down from the canopy no later than 9:30
p.m., seven days a week.
8. A solid wall shall be installed along the eastern side of the canopy between the
outdoor bar and the existing dining area, or be replaced with other similar noise
mitigation mutually agreed upon by the applicant and the owners of the Waters
Edge Hotel.
9. The permittee shall comply with all applicable regulations of the Marin County
Health Department, the Marin Municipal Water District, Sanitary District No. 5,
and the Tiburon Fire Protection District.
TIBURON TOWN COUNCIL
RESOLUTION NO. DRAFT -2016 4-42016 4
10. The applicant shall comply with all requirements of the Bay Conservation and
Development Commission.
11. This Conditional Use Permit shall be reviewed by the Planning Commission at
the first Planning Commission meeting in November 2016. Said review shall
entail, without limitation, conformance with conditions, noise, or any other
operational aspect of the use within the regulatory land use purview of the
Town. Permittee agrees to bear all reasonable costs, including outside
consultants if necessary, associated with said reviews.
12. The Town reserves the right to amend or revoke this Conditional Use Permit for
cause, in accordance with adopted regulations of the Town.
13. This Conditional Use Permit approval shall become null and void if the
approved use has not commenced within one (1) year of final approval, unless
an extension is approved.
14. If this approval is challenged by a third party, the property owner/applicant will
be responsible for defending against this challenge, with defense counsel subject
to the Town's approval. The property owner/applicant agrees to defend,
indemnify and hold the Town of Tiburon harmless from any costs, claims or
liabilities arising from the approval, including, without limitations, any award of
attorney's fees that might result from the third party challenge.
TIBURON TOWN COUNCIL
END
RESOLUTION NO. DRAFT -2016 --/--/2016 5
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
February 17, 2016
Agenda Item:
STAFF REPOR;f
To:
From:
Subject:
Reviewed By:
Mayor and Members of the Town Council
Administrative Services Department
Recommendation to Accept and File the FY 2014-15 Basic Financial
Stame„nts and Independent Auditor's Report
BACKGROUND
The Town's independent auditor, Marcello & Company Certified Public Accounts, conducted the
annual audit of the Town's financial statements for the fiscal year ended June 30, 2015. The
audit was performed in accordance with generally accepted auditing standards. These standards
require that they plan and perform the audit to obtain reasonable assurance as to whether the
financial statements are free of material misstatement. The independent audit involved
examining, on a test basis, evidence supporting amounts and disclosures in the financial
statements; assessing the accounting principles used and significant estimates made by
management; and evaluating the overall financial statement presentation.
ANALYSIS
Attached are the audited fmancial statements for the Town of Tiburon for the fiscal year ended
June 30, 2015. The Town's Basic Financial Statements provide a comprehensive presentation of
the financial results of the Town as a whole. The results of the Town's financial activities are
presented in the Government -Wide Statement of Net Position (page 12). Net assets are a good
indicator of the Town's financial position. The Town ended FY 2015 with approximately $52.63
million in net assets, which is an increase of $2.68 million as compared to last year's restated Net
Position. Due to the implementation of Governmental Accounting Standards Board Statement
No. 68 (GASB 68), which requires the Town to report its unfunded net pension liability in the
government -wide fmancial statements, the Town was required to make an adjustment to the
Town's Net Position as of July 1, 2014. This adjustment reduced last year's Net Position by
$5,561,018, which recorded the Town's unfunded net pension liability as of June 30, 2014. This
new requirement is designed to enhance the comparability of financial statements by requiring the
measurement of pension -related assets and liabilities at fair value, using a consistent and more
detailed definition of fair value and accepted valuation techniques.
The Government -wide Statement of Activities (page 13) is the equivalent to the private sector
Income Statement. This statement provides detailed accounting of the Town increase in net
assets.
TOWN OF TIBURON PAGE 1 OF 2
Town Council N kcting
February }' 17. 20.16
The General Fund as presented in the audit report includes the General Operating Account and 13
reserve funds. The Balance Sheet of the Governmental Funds on Page 14 illustrates the balance
sheet for total General Funds and Other Governmental Fund. The balance sheet on page 39 of the
audit report provides information on each of the funds that comprise the General Fund. The
Town, unless directed otherwise by the Town Council, will continue to keep each of these funds
separate for its own internal records. The General Fund's ending fund balance as of June 30,
2015 was $14,673,528 as compared to $12,685,059 as of June 30, 2013, or an increase of
$1,988,469.
Supplementary explanatory information is provided with the Management's Discussion and
Analysis (MD&A) beginning on page 3. The MD&A provides key highlights and a summary
view of performance of financial activities for the year ended June 30, 2015.
The auditors have issued a report that includes required communications concerning their
responsibility under generally accepted accounting standards, significant changes in accounting
policies and unusual transactions, management judgments and accounting estimates, significant
audit adjustments, and other issues related to performance of the audit. In the area of accounting
practices and internal controls, there are no findings as to material weaknesses. This conclusion
is known as a "clean audit".
FINANCIAL IMPACT
There is no fiscal impact to the Town by having the Council accept this financial audit report.
RECOMMENDATION
Staff recommends that the Town Council:
Move to accept the Fiscal Year 2014-15 annual financial audit as prepared by Marcello &
Company, C.P.A.'s.
Exhibits: Report and General Purpose Financial Statements of the Town of Tiburon for Fiscal
Year ended June 30, 2015
Prepared By: Heidi Bigall, Director of Administrative Services
TOWN OF CIBl'RCN Rig i 2 or 2
TOWN S F TIBURON
California
Annual Financial Report
June 30, 2015
Town Council
Frank Doyle Mayor
Erin Tollini Vice Mayor
Jim Fraser Member
Emmett O'Donnell Member
Alice Fredericks Member
Appointed Officials
Town Manager
Margaret Curran
Town Treasurer
William Osher
TOWN OF TIBURON
Table of Contents
INDEPENDENT AUDITOR'S REPORT 1-2
MANAGEMENT'S DISCUSSION AND ANALYSIS (unaudited)
Required Supplementary Information, as prepared by management...... ..... ...................... 3-11
GOVERNMENT -WIDE FINANCIAL STATEMENTS
Statement of Net Position 12
Statement of Activities 13
FUND FINANCIAL STATEMENTS
Balance Sheet - Governmental Funds 14
Reconciliation of the Governmental Funds Balance Sheet
to the Statement of Net Position 15
Statement of Revenue, Expenditures, and Change
in Fund Balances - Governmental Funds 16
Reconciliation of the Statement of Revenue, Expenditures, and Change in
Fund Balances of Governmental Funds to the Statement of Activities 17
Statement of Fiduciary Assets and Liabilities - Agency Funds 18
NOTES TO FINANCIAL STATEMENTS 19-39
REQUIRED SUPPLEMENTARY INFORMATION (unaudited)
Schedule of Changes in the Net Pension Liability and Related Ratios,
and Schedule of Contributions 40-41
Schedule of Funding Progress - Other Postemployment Benefits Plan 42
Budgetary Comparison Information 43-45
OTHER SUPPLEMENTARY INFORMATION
Combining Funds Financial Statements
General Fund:
Combining Balance Sheet 46
Combining Statement of Revenue, Expenditures, and Change in Fund Balance 47
Nonmajor Governmental Funds:
Combining Balance Sheet 48-49
Combining Statement of Revenue, Expenditures, and Change in Fund Balances 50-51
MARCELLO & COMPANY
CERTIFIED PUBLIC ACCOUNTANTS
2701 Cottage Way, Suite 30 / Sacramento, California 95825
INDEPENDENT AUDITOR'S REPORT
Honorable Mayor
Members of the Town Council
Town of Tiburon, California
Report on the Financial Statements
We have audited the accompanying financial statements of the governmental activities, each major fund,
and the aggregate remaining fund information of the Town of Tiburon, California, as of and for the year
ended June 30, 2015, which collectively comprise the Town's basic financial statements as listed in the
table of contents.
Management's Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial statements in
accordance with accounting principles generally accepted in the United States of America; this includes
the design, implementation, and maintenance of internal control relevant to preparation and fair
presentation of financial statements that are free from material misstatement, whether due to fraud or
error.
Auditor's Responsibility
Our responsibility is to express an opinion on these financial statements based upon our audit. We
conducted our audit in accordance with auditing standards generally accepted in the United States of
America. Those standards require that we plan and perform the audit to obtain reasonable assurance
about whether the financial statements are free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in
the financial statements. The procedures selected depend on the auditor's judgment, including the
assessment of the risks of material misstatement of the financial statements, whether due to fraud or
error. In making those risk assessments, the auditor considers internal control relevant to the entity's
preparation and fair presentation of the financial statements in order to design audit procedures that are
appropriate in the circumstances, but not for the purposes of expressing an opinion on the effectiveness
of the entity's internal control. Accordingly, we express no such opinion. An audit also includes
evaluating the appropriateness of accounting policies used and the reasonableness of significant
estimates made by management, as well as evaluating the overall financial statement presentation.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for
our audit opinion.
1
Honorable Mayor
Members of the Town Council
Town of Tiburon, California
Opinion
In our opinion, the financial statements referred to above present fairly, in all material respects, the
financial position of the governmental activities, each major fund, and the aggregate remaining fund
information of the Town of Tiburon, as of June 30, 2015, and the changes in financial position for the year
then ended in conformity with accounting principles generally accepted in the United States of America.
Other Matters
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the management's
discussion and analysis on pages 3-11, the Town's schedule of changes in the net pension liability and
related ratios, and schedule of contributions on pages 40-41, the schedule of funding progress for the
Town's other postemployment benefits plan on page 42, the respective budgetary comparison information
of the general and major funds on pages 43-45, be presented to supplement the basic financial
statements. Such information, although not part of the basic financial statements, is required by the
Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting
for placing the basic financial statements in an appropriate operational, economic, or historic context. We
have applied certain limited procedures to the required supplementary information in accordance with
auditing standards generally accepted in the United States of America, which consisted of inquiries of
management about the methods of preparing the information and comparing the information for
consistency with management's responses to our inquiries, the basic financial statements, and other
knowledge we obtained during our audit of the basic financial statements. We do not express an opinion
or provide any assurance on the information because the limited procedures do not provide us with
sufficient evidence to express an opinion or provide any assurance.
Other Information
Our audit was conducted for the purpose of forming an opinion on the financial statements that
collectively comprise the Town of Tiburon's basic financial statements. The combining nonmajor fund
financial statements are presented for purposes of additional analysis and are not a required part of the
financial statements. The combining nonmajor fund financial statements are the responsibility of
management and were derived from and relate directly to the underlying accounting and other records
used to prepare the financial statements. The information has been subjected to the auditing procedures
applied in the audit of the financial statements and certain additional procedures, including comparing and
reconciling such information directly to the underlying accounting and other records used to prepare the
financial statements or to the financial statements themselves, and other additional procedures in
accordance with auditing standards generally accepted in the United States of America. In our opinion,
the information is fairly stated in all material respects in relation to the financial statements as a whole.
Implementation of New Accounting Standards
As disclosed in the Note 2 to the financial statements, the Town of Tiburon implemented GASB Statement
No. 68, Accounting and Financial Reporting for Pensions — an amendment of GASB Statement No. 27,
and GASB Statement No. 71, Pension Transition for Contributions Made Subsequent to the Measurement
Date — an amendment of GASB Statement No. 68, during the fiscal year 2014-15.
i'%?a2ce.eeo & eoyv O,
Certified Public Accountants
Sacramento, California
September 18, 2015
2
MANAGEMENT'S DISCUSSION & ANALYSIS
As Prepared by Management
(unaudited)
Town of Tiburon
Management's Discussion and Analysis
As management of the Town of Tiburon, we offer readers of these financial statements this narrative overview and
analysis of the financial activities of the Town for the fiscal year ended June 30, 2015 (FY 2015). We encourage
readers to consider the information presented here in conjunction with the Town's financial statements, which
follow this discussion and analysis.
OVERVIEW OF THE BASIC FINANCIAL STATEMENTS
This discussion and analysis is intended to serve as an introduction to the Town's basic financial statements, which
consist of three components:
1) Government -wide Financial Statements
2) Fund Financial Statements
3) Notes to the Basic Financial Statements
This report also contains required and other supplementary information in addition to the Basic Financial
Statements.
Government -wide Financial Statements
In the fiscal year ended June 30, 2015, the Town of Tiburon implemented Governmental Accounting Standards
Board Statement No. 68, Accounting and Financial Reporting for Pensions. The implementation of this
pronouncement required a prior period adjustment and reduced the Town's net position as of July 1, 2014, by $5.56
million.
The Government -wide Financial Statements consist of the Statement of Net Position and the Statement of
Activities. These statements are designed to provide readers with a broad overview of the Town's finances in a
manner similar to private sector businesses. They provide information about the activities of the Town as a whole
and present a longer-term view of the Town's finances.
The Statement of Net Position presents information on all of the Town's assets and liabilities, with the difference
between the two reported as net position. Over time, increases or decreases in net position may serve as a useful
indicator of whether the financial position of the Town is improving or deteriorating.
The Statement of Activities presents information about how the Town's net position changed during the most
recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change
occurs, regardless of the timing of related cash flows. Thus, some of the revenue and expenses reported in this
statement may result in cash flows only in future fiscal periods, such as revenue related to uncollected taxes and
interest expense incurred but not paid.
Fund Financial Statements
A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated
for specific activities or objectives. The Town, like other governmental entities, uses fund accounting to ensure and
demonstrate compliance with finance -related legal requirements. Funds of governmental entities are divided into
three categories:
1) Governmental Funds
2) Proprietary Funds
3) Fiduciary Funds
3
Town of Tiburon
Management's Discussion and Analysis
Governmental Funds
Most of the Town's basic services are included in Government Funds, which focus on 1) how cash and other
financial assets that can be converted readily to cash flow in and out, and 2) the balances left at year-end that
are available for spending. Consequently, the Government Funds statement provides a detailed short-term view
that helps to determine whether there are more or fewer financial resources that can be spent in the near future
to finance the Town's programs. Because this information does not encompass the additional long-term focus
of the Government -wide Statements, there is a schedule subsequent to each Government Funds Financial
Statement that reconciles it to the related Government -wide Financial Statement.
Proprietary Funds
Services for which the Town charges customers a fee are generally reported in Proprietary Funds. Proprietary
Funds, like the Government -wide Financial Statements, provide both long-term and short -tern financial
information. Currently the Town does not require the use of Proprietary Funds.
Fiduciary Funds
Fiduciary Funds are used to account for resources held for the benefit of parties outside the municipality, such
as assessment districts. Fiduciary Funds are not reflected in the Government -wide Financial Statements
because those resources are not available to support the Town's own programs.
Notes to the Financial Statements
The Notes provide additional information that is essential to a full understanding of the data provided in the
Government -wide and Fund Financial Statements. The Notes to the Financial Statements follow the Basic
Financial Statements.
Required Supplementary Information
In addition to the Basic Financial Statements and accompanying Notes, this report also presents certain required
supplementary information other than this discussion and analysis, concerning the Town's budgetary comparison
schedule, and its schedule of funding progress for its postemployment medical benefits plan and California Public
Employees' Retirement Plan (CaIPERS).
FINANCIAL HIGHLIGHTS
Government -wide Financial Statement Highlights
• The Government -wide Statement of Net Position, appearing as the first statement of the Basic Financial
Statements, shows that the Town's total assets exceeded total liabilities by $52.63 million (net position).
Of this amount, $8.67 million was unrestricted net position and may be used to meet the Town's ongoing
obligations to the citizens and creditors of the Town.
> Town cash and investments totaled $21.28 million, and capital assets totaled $39.26 million on June 30,
2015, representing 34.4 percent and 63.5 percent of the Town's total assets, respectively.
> The Town's liabilities totaled approximately $8.34 million and consist of accounts payable, refundable
deposits, compensated absences, Other Post Employment Benefits (OPEB) obligations, and the Town's Net
Pension Liability as required by GASB 68.
4
Town of Tiburon
Management's Discussion and Analysis
> The Government -wide Statement of Activities shows that total Town revenue was approximately $12.27
million (general revenue of $9.33 million and program revenue of $2.94. million) compared with total
expenses of approximately $9.59 million, resulting in an increase in net position of $2.68 million.
Fund Financial Statement Highlights
9 At the close of FY 2015, the combined fund balance of the Town's Governmental Funds was $21.14
million, of which approximately $14.67 million is General Fund. This represents an increase of $3,170,090
over the previous fiscal year. The combined General Fund balances accounted for $1,988,469 of the total
increase. The detailed components of revenues and expenditures can be found in the accompanying
Statement of Revenues, Expenditures and Change in Fund Balances.
Town Highlights
> In FY 2015 the Town completed the Tiburon Boulevard median improvement project from Cecilia Way to
Bay Vista Drive. This project was funded through community donations, the County of Marin, and
General Fund reserves.
> The Lyford parking lot utility poles were undergrounded to Mar West. This project was funded with
General Fund reserves. The poles should be removed in early 2016.
> The Dairy Knoll Recreation Facility access path from Reed School was constructed in FY 2014-15. This
provides school children a safe pathway to Dairy Knoll off of local streets.
> Town Manager Peggy Curran announced in April 2015 that she would be retiring at the end of the year. In
June 2015, the Town contracted for legal services with Burke, Williams and Sorensen after the retirement
of Town Attorney Ann Danforth in March 2015.
FINANCIAL ANALYSIS OF THE TOWN AS A WHOLE
The Town has presented its financial statements in accordance with Governmental Accounting Standards Board
(GASB) Statement No. 34, Basic Financial Statement - Management's Discussion and Analysis - for State and
Local Governments.
Net Position
For financial statements beginning with the year ended June 30, 2015, the Town has implemented GASB 68,
Accounting and Financial Reporting for Pensions — an amendment of GASB Statement No. 27. The intention of
this Statement is to improve the decision-making usefulness of information in employer and governmental non -
employer contributing entity financial reports and enhance its value for assessing accountability and inter -period
equity by requiring recognition of the entire net pension liability and a more comprehensive measure of pension
expense.
Net position is a measure of a government's financial position and, over time, a trend of increasing or decreasing
net position is an indicator of the financial health of the organization. In the case of the Town of Tiburon, assets
exceeded Liabilities by $52,632,219, an increase of $2,682,323 over the previous fiscal year's restated net position.
By far the largest portion (74.5 percent) of the Town's net position reflects its investment in capital assets, e.g.,
land, buildings, roadways, drainage systems, and equipment). The Town uses capital assets to provide services to
its citizens. Consequently, these assets are not available for future appropriations. The Town carries no debt
related to its capital assets.
5
Town of Tiburon
Management's Discussion and Analysis
A condensed presentation of the Town's Net Position is presented in the following table comparing last fiscal year
to the most recently completed fiscal year:
Assets
Current and other assets
Capital assets, net
Total assets
Statement of Net Position
Comparison of FY 2015 and FY 2014
June 30
2015
$ 22,506,746
39,259,058
61,765,804
Deferred outflows related to pension* 469,029
Liabilities
Current and other liabilities
Non-current liabilities
Net Pension Liability
Total liabilities
1,455,487
2,117, 080
4,771,765
8,344,332
Deferred Inflows related to pension* 1,258,282
Net Position
Amount invested in
capital assets
Restricted
Unrestricted
Prior Year Adjustment
Total net position
*See Note 11
39,259,058
4,704,027
8,669,134
$ 52,632,219
2014
$ 19,531,260
39,649,702
59,180, 962
1,557,530
2,112,518
3,670,048
39,649,702
3,528,035
12,333,177
(5,561,018)
$ 49,949,896
Amount
Change
$ 2,975,486
(390,644)
2,584,842
469,029
(102,043)
4,562
4,771,765
4,674,284
1,258,282
(390,644)
1,175,992
(3,664,043) -30%
Percent
Change
15%
-1%
4%
100%
-7%
0%
100%
127%
100%
-1
33%
5,561,018 -100%
$ 2,682,323
Comparative data is not available for FY 2014 related to deferred outflows, deferred inflows and net pension
liability due to pension accounting changes required by GASB 68 & 71.
> Total assets increased by 4% or $2.58 million over the prior year.
> Capital assets decreased by $0.39 million or 1 percent over last fiscal year.
5%
> Total liabilities increased by $4.67 million or 127 percent from the previous year. The majority of this
increase is due to the implementation of GASB Statement No. 68 which requires governmental entities to
place their net pension liability on their government -wide financial statements.
General Government Functions
A condensed presentation of the Town's Governmental Activities is provided in the following table, which
compares the current fiscal year over the prior year:
6
Town of Tiburon
Management's Discussion and Analysis
Statement of Activities
Comparison of FY 2014 and 2013
June 30 Amount Percent
2015 2014 Change Change
Revenue
Program revenue $ 2,942,905 $ 2,356,621 $ 586,284 25%
General revenue 9,328,681 8,927,101 401,580 4%
Total revenue 12,271,586 11,283,722 987,864 9%
Expenses
General government 3,608,905 3,202,580 406,325 13%
Public Safety 2,895,619 3,023,401 (127,782) -4%
Public works 1,370,151 1,354,848 15,303 1%
Capital improvements 565,431 152,826 412,605 270%
Depreciation 1,149,157 1,306,574 (157,417) -12%
Total expenses 9,589,263 9,040,229 549,034 6%
Change in Net Position
2,682,323 2,243,493 438,830 20%
Net Position - beginning 49,949,896 53,267,421 (3,317,525) -6%
Prior Period Adjustment (5,561,018) 5,561,018 -100%
Net Position - end of year $ 52,632,219 $ 49,949,896 $ 2,682,323 5%
i Program Revenue increased by $586,284 or 25 percent over the prior year. This increase was due to
activity in building and planning related fees, and with the re-evaluation of construction costs related to 110
Gilmartin Drive.
r General Revenue increased by $401,580 or 4 percent from the previous fiscal year. The largest
contributing factors to this increase are property taxes ($155,869), transient occupancy tax ($124,564), and
fines and forfeitures ($86,038).
Total expenses increased by $549,034 or 6 percent over the previous year. The largest increase was in
general government, which includes Administration, Community Development and Non -Department
expenses. Expenses contributing to this increase include the purchase of new permit tracking software,
changing the Town's website platform, expenses related to updating the General Plan, and repayment of
RDA revenue per an Agreement with the Department of Finance.
Public Safety realized a 4 percent decrease in expenses during FY 2015. This was due in part to the cost
sharing of the Belvedere Chief of Police who provides part-time services as the Town's police Captain,
along with other salary savings due to staff vacancies.
FINANCIAL ANALYSIS OF THE GENERAL FUND
Revenue
The general fund is the main operating fund of the Town. The general fund consists of the general operating
account and 13 reserve funds. During FY 2015, the Town received general fund revenues of $10,461,981, which
represents an increase of $688,881, or 7 percent over the previous fiscal year.
7
Town of Tiburon
Management's Discussion and Analysis
The table below compares general fund revenue by category for the fiscal years ended June 30, 2015 and 2014.
General Fund Revenue Comparison
June 30 Amount Percent
2015 2014 Change Change
Property taxes $ 4,781,844 $ 4,609,431 $ 172,413 4%
Other taxes 1,734,377 1,611,087 123,290 8%
Franchise fees 743,125 750,459 (7,334) -1%
Fines and penalties 700,320 614,282 86,038 14%
Investment earnings 38,465 36,327 2,138 6%
Intergovernmental 408,520 117,634 290,886 247%
Licenses and permits 1,350,029 963,442 386,587 40%
Charge for services 579,414 559,381 20,033 4%
Other revenue 125,887 511,057 (385,170) -75%
$ 10,461,981 $ 9,773,100 $ 688,881 7%
> Property Taxes. In FY 2015 the Town realized a 4 percent increase in overall property tax revenue.
Secured Property Taxes, the 1 percent of assessed valuation charged on property, increased by $210,241, or
7 percent. Secured property tax represents approximately 67 percent of all property tax revenue received
during the year by the Town.
Other Taxes. Overall the Town recorded an 8 percent increase in Other Taxes. Within this revenue
category the Town realized increases in sales tax of 14 percent; Transient Occupancy Tax of 16 percent;
and a decrease in Property Transfer Tax of 29 percent.
> Franchise Fees. Franchise Fees decreased 1 percent over FY 2014. The largest decrease was in cable
franchise fees of $19,200 or 10 percent over FY 2014. This decrease is due to the diversion of cable fees to
the Community Media Center of Marin. Fees from Grange Debris increased by $12,520 in FY 2015, which
is a year -over -year increase of 39 percent. Mill Valley Refuse fees were up approximately 1 percent, while
PG&E was down 5 percent.
> Fines and Penalties. Fines and Penalties increased 14 percent in FY 2015; this is after a 42 percent
increase in 2014. The majority of this increase is due to construction permit penalties received for building
permit extension fines.
> Investment Earnings. Investment Earnings were up 6 percent due to the amount of funds invested as
opposed to increased investment return rates.
> Intergovernmental. Intergovernmental revenue increased by $290,886, or 247 percent from FY 2014. In
FY 2015 the Town received $158,774 in SB 90 State Mandated Reimbursements dating back to the early
2000s, and $52,968 in a Zero Waste grant. Both of these revenues were unanticipated at the beginning of
the fiscal year.
> License and Permits. The Town realized a 40 percent, or $386,587 increase in license and permit revenue
in FY 2015. Most sources of revenue within this category were consistent with the previous year, except
Building Permits, which increased by $314,267. This increase was due to the re-evaluation fees collected
in connection with the Petersen residence on Gilmartin Drive.
8
Town of Tiburon
Management's Discussion and Analysis
> Other Revenue. This revenue category decreased by 75 percent, or $385,170 over FY 2014. In FY 2014
the Town received over $332,500 in one-time legal settlements.
Expenditures
General Fund expenditures increased by 3 percent or $252,004 in FY 2015. This increase is the net of a $180,057
decrease in Capital Improvement expenditures combined with an increase of $432,061 in departmental
expenditures, as compared to FY 2014.
The two-year comparison table below illustrates the expenditure categories by department for the fiscal years ended
June 30, 2015 and 2014.
General Fund Expenditures Comparison
June 30 Amount Percent
2015 2014 Change Change
Town administration $ 1,441,632 $ 1,272,918 $ 168,714 13%
Community development 1,225,967 1,081,045 144,922 13%
Public safety 2,854,191 2,905,268 (51,077) -2%
Public works 1,305,445 1,272,525 32,920 3%
Legislative 32,524 87,514 (54,990) -63%
Non -departmental 761,093 569,521 191,572 34%
Capital improvements 958,337 1,138,394 (180,057) -16%
8,579,189 8,327,185 252,004 3%
Excess of Revenue over
(under) Expenditures $ 1,882,792 $ 1,445,915 $ 436,877
30%
> Legislative Departmental expenses decreased by 63 percent in FY 2015 due to the one-time funding
associated with the Town's 50th Anniversary celebration in FY 2014.
> General Fund Capital Improvement expenditures decreased by 16 percent over FY 2014.
> In FY 2015 Non -Departmental expenses increased by 34 percent due to increases in JPA annual fees,
economic development expenses, and insurance premiums.
> Community Development expenses increased by 13 percent or $144,922. The purchase of a new permit
racking system in FY 2015 added an additional $100,000 to departmental expenses.
> Town Administration Departmental expenses also increased 13 percent, or $168,714. The majority of this
increase is due to the previously mentioned RDA repayment, new website platform costs, and the payout of
accrued vacation and sick leave when an employee separates from the Town.
FINANCIAL ANALYSIS OF GOVERNMENTAL FUNDS
The following table presents a two-year comparison of the Town's governmental funds revenue and expenditures
for FY 2015 and 2014 and the amount of increase or decrease.
9
Town of Tiburon
Management's Discussion and Analysis
Total Governmental Funds
Comparison of FY 2015 and FY 2014
June 30 Amount Percent
2015 2014 Change Change
Revenue
Property taxes $ 4,781,844 $ 4,625,975 $ 155,869 3%
Other taxes 2,183,435 1,611,087 572,348 36%
Franchise fees 743,125 750,459 (7,334) -1%
Fines and forfeitures 700,320 614,282 86,038 14%
Interest earnings 52,064 48,544 3,520 7%
Intergovernmental 515,518 761,565 (246,047) -32%
License and permits 1,350,029 963,442 386,587 40%
Other revenue 1,487,199 1,293,179 194,020 15%
Charge for services 458,052 615,192 (157,140) -26%
Totals 12,271,586 11,283,725 987,861 9%
Expenditures
Town administration 1,443,161 1,274,456 168,705 13%
Community development 1,287,395 1,143,657 143,738 13%
Public safety 2,854,191 2,905,268 (51,077) -2%
Public works 1,335,120 1,295,782 39,338 3%
Legislative 34,164 90,331 (56,167) -62%
Non -departmental 823,471 635,071 188,400 30%
Capital projects 1,323,994 1,933,439 (609,445) -32%
Totals 9,101,496 9,278,004 (176,508) -2%
Excess of Revenue over
(under) Expenditures $ 3,170,090 $ 2,005,721 $ 1,164,369 58%
ECONOMIC OUTLOOK AND NEXT YEAR'S BUDGET
The adopted budget for FY 2015-16 calls for an operating surplus of' $535,802. General Fund revenues are
anticipated to increase $562,643 over the approved FY 2014-15 budget, and expenditures by $316,431. The
Town's largest tax generator is property taxes. The Town is anticipating the fiscal year 2015-16 tax roll to increase
by approximately four percent over the previous year. Other tax and non -tax revenues are expected to grow
moderately, in the range of two to four percent.
The Town's largest expenditure relates to employee salaries and benefits. Personnel costs are tied to labor
agreements with the Town's two organized employee groups and unrepresented Management and Mid -
Management employees. The Tiburon Police Association and smaller Service Employee's International Union are
entering the second year of a three year agreement which expires on June 30, 2018. Unrepresented employees are
covered under Resolution of the Town Council which expires on June 30, 2017. Negotiated salary increases under
all contracts range up to three percent in FY 2016.
The Town continues to have a healthy long-term financial position, and Staff aggressively monitors revenue and
expenditures.
10
Town of Tiburon
Management's Discussion and Analysis
Recently implemented strategies to reduce unfunded liabilities related to employment costs continue to improve the
cost of providing the Town's largest expenditure — salary and benefits. The citizens of the Town are fortunate that
they are able to enjoy exceptional Town services, a balanced budget, and that vital Town infrastructure continues to
be maintained and improved.
CONTACTING THE TOWN'S FINANICAL MANAGEMENT
This financial report is designed to provide the citizens, taxpayers, customers, investors, and creditors of the Town
of Tiburon with a general overview of the Town's finances and to demonstrate the Town's accountability for the
money it receives. If you have questions about this report or need additional infonnation, contact the Town of
Tiburon, Administrative Services Department, 1505 Tiburon Boulevard, Tiburon, CA 94920.
11
GOVERNMENT --WIDE FINANCIAL STATEMENTS
TOWN OF TIBURON
Government -wide Financial Statements
Statement of Net Position
June 30, 2015
Total
Governmental
Assets Activities
Current Assets
Cash and investments $ 21,280,864
Receivables 425,882
Total current assets 21,706,746
Noncurrent Assets
Notes receivable
Capital assets not being depreciated
Capital assets, net of depreciation
Total noncurrent assets
Total assets
Deferred Outflows of Resources
Deferred pensions
Total assets and deferred outflows of resources
800,000
4,087,952
35,171,106
40,059,058
61,765,804
469,029
62,234,833
Liabilities
Current Liabilities
Accounts payable 424,387
Accrued liabilities 232,559
Deposits 705,980
Compensated absences - current 92,561
Total current liabilities 1,455,487
Noncurrent Liabilities
Compensated absences
Other postemployment benefits obligation
Net pension liability
Total noncurrent liabilities
Total liabilities
Deferred Inflows of Resources
Deferred pensions
Total liabilities and deferred inflows of resources
277,683
1,839,397
4,771,765
6,888,845
8,344,332
1,258,282
9,602,614
Net Position
Invested in capital assets 39,259,058
Restricted 4,704,027
Unrestricted 8,669,134
Total net position $ 52,632,219
The accompanying notes are an integral part of these financial statements
12
TOWN OF TIBURON
Government -wide Financial Statements
Statement of Activities
Year Ended June 30, 2015
Program Revenue Net (Expense)
Charges Revenue and
for Operating Capital Change in
Functions/Programs Expenses Services Grants Grants Net Position
Governmental Activities:
General government $ 3,608,905 $ 2,837,228 $ - $ $ (771,677)
Public safety 2,895,619 105,677 (2,789,942)
Public works 1,370,151 - (1,370,151)
Capital improvements 565,431 - (565,431)
Depreciation 1,149,157 (1,149,157)
Totals $ 9,589,263 $ 2,837,228 $ 105,677 $ (6,646,358)
General Revenue
Property taxes 4,781,844
Sales taxes 883,646
Transient occupancy tax 824,290
Property transfer taxes 208,645
Franchise fees 743,125
Fines and forfeitures 700,320
Intergovernmental 409,841
Gasoline taxes 266,854
Investment earnings 52,064
Other revenue 458,052
Total general revenue 9,328,681
Change in Net Position 2,682,323
Net Position
Beginning 55,510,914
Prior period adjustment (note 16) (5,561,018)
Beginning, as restated 49,949,896
End of year $ 52,632,219
The accompanying notes are an integral part of these financial statements
13
FUND FINANCIAL STATEMENTS
ASSETS
Cash and investments
Receivables
Notes receivable
Total assets
TOWN OF TIBURON
Balance Sheet
Governmental Funds
June 30, 2015
General
Fund
$ 14,711,107
419,732
800,000
Tiburon
Street
Impact Fund
$ 2,447,949
1,337
$ 15,930,839 $ 2,449,286
LIABILITIES AND FUND BALANCES
Liabilities:
Accounts payable $
Accrued liabilities
Deposits
Total liabilities
Fund Balances:
Nonspendable
Restricted
Committed
Assigned
Unassigned
Total fund balances
Total liabilities and
fund balances
377,347 $ 3,037
182,559
697,405
1,257,311 3,037
800,000
3,745,153
4,380,456
5,747,919
2,446,249
14,673,528 2,446,249
$ 15,930,839 $ 2,449,286
The accompanying notes are an integral part of these financial statements
14
Other
Governmental
Funds
$ 4,121, 808
4,813
Total
Governmental
Funds
$ 21,280,864
425,882
800,000
$ 4,126,621 $ 22,506,746
$ 44,003
50,000
8,575
102,578
2,257,778
1,458,570
305,665
2,030
4,024,043
$ 424,387
232,559
705,980
1,362,926
800,000
4,704,027
5,203,723
4,686,121
5,749,949
21,143,820
$ 4,126,621 $ 22,506,746
TOWN OF TIBURON
Reconciliation of the Governmental Funds Balance Sheet
to the Statement of Net Position
June 30, 2015
Amounts reported for governmental activities in the statement of net position are different because of:
Total fund balances - governmental funds (page 14) $ 21,143,820
(1) Capital assets used in governmental activities are not financial
resources and therefore, are not reported in the balance sheet: 39,259,058
(2) Long-term liabilities are not due and payable in the current period
and therefore, are not reported in the balance sheet:
Compensated absences
Other post employment benefits obligation
Net pension liability
(3) Deferred outflows of resources reported in the statement of net position
(4) Deferred inflows of resources reported in the statement of net position
Net position of governmental activities (page 12)
The accompanying notes are an integral part of these financial statements
15
(370,244)
(1,839,397)
(4,771,765)
469,029
(1,258,282)
$ 52,632,219
TOWN OF TIBURON
Statement of Revenue, Expenditures, and Change in Fund Balances
Governmental Funds
Year Ended June 30, 2015
Tiburon Other Total
General Street Governmental Governmental
REVENUE Fund Impact Fund Funds Funds
Property taxes $ 4,781,844 $ - $ - $ 4,781,844
Other taxes 1,734,377 449,058 2,183,435
Franchise fees 743,125 - 743,125
Fines and forfeitures 700,320 700,320
Investment earnings 38,465 4,838 8,761 52,064
Intergovernmental and agency 408,520 106,998 515,518
Licenses and permits 1,350,029 - 1,350,029
Charges for services 579,414 891,175 16,610 1,487,199
Other revenue 125,887 3,720 328,445 458,052
Total revenue 10,461,981 899,733 909,872 12,271,586
EXPENDITURES
Current -
Town administration 1,441,632 - 1,529 1,443,161
Community development 1,225,967 - 61,428 1,287,395
Public safety 2,854,191 - 2,854,191
Public works 1,305,445 29,675 1,335,120
Legislative boards/commissions 32,524 1,640 34,164
Non -departmental 761,093 62,378 823,471
Capital improvement projects 958,337 48,633 317,024 1,323,994
Total expenditures 8,579,189 48,633 473,674 9,101,496
Excess (Deficiency) of Revenue
Over (Under) Expenditures
1,882,792 851,100
436,198 3,170,090
Other financing sources / (uses)
Operating transfers in 484,283 - 484,283
Operating transfers (out) (378,606) (105,677) (484,283)
Total other financing sources 105,677 - (105,677)
CHANGE IN FUND BALANCES
Fund balances - beginning
Fund balances - end of year
1,988,469 851,100 330,521 3,170,090
12,685,059 1,595,149 3,693,522 17,973,730
$ 14,673,528 $ 2,446,249 $ 4,024,043 $ 21,143,820
The accompanying notes are an integral part of these financial statements
16
TOWN OF TIBURON
Reconciliation of the Statement of Revenue, Expenditures, and Change in
Fund Balances of Governmental Funds to the Statement of Activities
Year Ended June 30, 2015
Amounts reported for governmental activities in the statement of activities are difference because:
Change in fund balances - governmental funds (page 16) $ 3,170,090
Capital assets
(1) The acquisition of capital assets uses current financial resources but has
no effect on net position. 758,513
(2) The cost of capital assets is allocated over their estimated useful lives and
reported as depreciation expense in the statement of activities. (1,149,157)
Long-term obligations
(3) Payments against long-term compensated absences use current resources
but have no effect on net position.
Measurement focus
(4) Some expenses reported in the statement of activities do not require the use
of current financial resources and therefore, are not reported as expenditures in
governmental funds.
76,357
(173,480)
Change in net position of governmental activities (page 13) $ 2,682,323
The accompanying notes are an integral part of these financial statements
17
ASSETS
Cash and
investments
Cash held by trustee
Special assessment
receivables
Other receivables
TOWN OF TIBURON
Statement of Fiduciary Assets and Liabilities
Agency Funds
June 30, 2015
Tiburon
Public
Del Mar Stewart Lyford Other Facilities Peninsula Total
Valley Drive Cove Assessment Financing Library Agency
ND A/D A/D Districts Authority JPA Funds
$ 1,134,415 $ 80,330 $ 431,839 $ 206,351 $ 188,748 $
- 103,249
1,351
$ 2,041,683
- 103,249
866 3,010 1,361 8 20,929 27,525
Total assets $ 1,135,766 $ 184,445 $ 434,849 $ 207,712 $ 188,756 $ 20,929 $ 2,172,457
LIABILITIES
Accounts payable $ - $ $ $ $ $ 7,397 $ 7,397
Special assessment
commitments
Held in trust
O.
Total liabilities $ - $ $ - $ $ $ 7,397 $ 7,397
The accompanying notes are an integral part of these financial statements
18
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
The notes to the financial statements include a summary of significant accounting policies and other notes
considered essential to fully disclose and fairly present the transactions and financial position of the Town as
follows:
Note 1 - Defining the Financial Reporting Entity
Note 2 - Summary of Significant Accounting Policies
Note 3 - Stewardship, Compliance and Accountability
Note 4 - Cash and Investments
Note 5 - Notes Receivable
Note 6 - Capital Assets
Note 7 - Long-term Obligations
Note 8 - Special Assessment District Bond Obligations
Note 9 - Interfund Transfers
Note 10 - Postemployment Benefits Other Than Pensions
Note 11 - Cost -Sharing Multiple -Employer Defined Benefit Pension Plan
Note 12 - Commitments and Contingencies
Note 13 - Risk Management
Note 14 - Subsequent Events
Note 15 - Future Accounting Pronouncements
Note 16 - Prior Period Adjustment
Note 17 - Fund Balance Designations Section of the Balance Sheet
19
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
Note 1 - Defining the Financial Reporting Entity
The Town of Tiburon (the Town) was incorporated in 1964 under the laws of the State of California. Tiburon
operates under a Council -Manager form of government. The Town provides municipal services to its citizens
including police, public works, community development and general administrative support. These financial
statements present the financial status of the Town and its component unit, as discussed in the following
paragraph.
The Tiburon Public Facilities Financing Authority (the Authority) was established in 1990 pursuant to a joint
powers agreement between the Town and the former Tiburon Redevelopment Agency, to assist in the
clearance and rehabilitation of areas determined to be in a declining condition in the Town. Although the
component unit is legally separate from the Town, it is reported in the statement of fiduciary assets and
liabilities, and its board consists of members of the Town Council.
The Town participates in four Joint Powers Agreements (JPAs) with the following entities: the Belvedere -
Tiburon Joint Recreation Committee, the Bay Cities Joint Powers Insurance Authority (BCJPIA), the
Association of Bay Area Governments (ABAG) and the Marin Emergency Radio Authority (MERA). The
financial activities of the JPAs are not included in the accompanying financial statements because they are
administered by governing boards which are separate from, and independent of the Town.
Note 2 - Summary of Significant Accounting Polices
The accounting policies of the Town conform to accounting principles generally accepted in the United
States of America as applied to governmental agencies. The Governmental Accounting Standards Board
(GASB) is the accepted standard-setting body for establishing governmental accounting and financial
reporting principles. The more significant accounting policies of the Town are described as follows:
Financial Statements
In accordance with GASB Statement No. 34, "Basic Financial Statements and Management's Discussion
and Analysis for State and Local Governments," the financial statements consist of the following:
• Government -wide financial statements
• Fund financial statements
• Notes to the financial statements
The government -wide financial statements (ie, the statement of net position and the statement of activities)
report information on all of the non -fiduciary activities of the primary government. For the most part, the
effect of interfund activity has been removed from these statements. Governmental activities, which normally
are supported by taxes and intergovernmental revenue, are reported separately from business -type
activities, which rely to a significant extent on fees and charges for support. The statement of activities
demonstrates the degree to which the direct expenses of a given function or segment is offset by program
revenue. Direct expenses are those that are clearly identifiable with a specific function or segment. Program
revenue includes (1) charges to customers or applicants who purchase, use, or directly benefit from goods,
services, or privileges provided by a given function or segment and (2) grants and contributors that are
restricted to meeting the operational or capital requirements of a particular function or segment taxes.
Separate fund financial statements are provided for governmental funds and proprietary funds. Major
individual governmental funds and major individual enterprise funds are reported as separate columns in the
fund financial statements.
Fund Accounting
The accounts of the Town are organized on the basis of funds, each of which is considered a separate entity.
20
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
The operations of each fund are accounted for with a separate set of self -balancing accounts that comprise
its assets, liabilities, fund balance/equity, revenue, and expenditures or expenses, as appropriate.
Government resources are allocated to, and accounted for, in individual funds based upon the purposes for
which they are to be spent and the means by which spending activities are controlled. The funds are
organized as follows:
Governmental Funds
The General Fund is the Town's primary operating fund. It is used to account for all financial resources
except those required to be accounted for in another fund.
Special Revenue Funds are used to account for the proceeds of specific revenue sources (other than
special assessments, expendable trusts or major capital projects) that are legally restricted to
expenditures for specific purposes.
Capital Projects Funds are used to account for revenue and expenditures restricted to the acquisition or
construction of major capital facilities (other than those financed by Proprietary or Trust funds).
Debt Service Funds are used to account for the accumulation of resources for, and the payment of,
governmental fund long-term debt, both principal and interest.
Fiduciary Funds
Agency Funds are used to account for assets administered by the Town in a trustee capacity or as an
agent for other governments, primarily special assessment districts. Agency Funds are custodial in
nature (assets and liabilities), and do not involve measurement of results of operations.
Basis of Accounting and Measurement Focus
Basis of accounting refers to when revenue and expenditures or expenses are recognized in the accounts
and reported in the financial statements. Basis of accounting relates to the timing of measurement made,
regardless of the measurement focus applied.
The government -wide financial statements are reported using the economic resources measurement focus
and the accrual basis of accounting. Revenue is recorded when earned and expenses are recorded when a
liability is incurred regardless of the timing of related cash flows. Property taxes are recognized as revenue
in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all
eligibility requirements have been met.
In the fund financial statements, all Governmental Funds and Agency Funds are accounted for using the
modified accrual basis of accounting. Revenue is recognized when it becomes both measurable and
available to finance the expenditures of the current period (susceptible to accrual). Major revenue sources
susceptible to accrual include substantially all property taxes, taxpayer -assessed taxes (such as sales and
use, utility users, business license, transient occupancy, franchise fees and gas taxes), interest, special
assessments levied, state and federal grants, and charges for current services. Revenue from licenses,
permits, fines and forfeits is recorded as received. Expenditures are recorded when the related fund liability
is incurred. Fiduciary Fund revenue and expenses or expenditures (as appropriate) are recognized on the
basis consistent with the fund's accounting measurement objective.
All Governmental Funds are accounted for using a current financial resources measurement focus. This
means that only current assets and current liabilities are generally included on their balance sheets. Their
reported fund balance is considered a measure of "available spendable resources." Governmental Fund
operating statements present increases (revenue and other financing sources) and decreases (expenditures
and other financing uses) in net current assets. Accordingly, they present a summary of sources and uses of
"available spendable resources" during a period.
21
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
The government -wide financial statement is accounted for on a flow of economic resources measurement
focus. This means that all assets and all liabilities (whether current or noncurrent) associated with their
activity are included on their statement of net position.
Cash and Investments
Deposits in financial institutions, money market funds, and the State Treasurer's investment pool are
reported as cash and investments since funds can spend cash at any time without prior notice or penalty. All
investments with fiscal agents are also considered cash equivalents if they are liquid. Investments are stated
at fair value.
Use of Estimates
Financial statement preparation in conformity with accounting principles generally accepted in the United
States of America requires the use of estimates and assumptions that affect the reported amounts of assets
and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the
reported amounts of revenue and expenditures/expenses during the reporting period. Actual results could
differ from those estimates.
Receivables and Payables
Property, sales, and use taxes related to the current fiscal year are accrued as revenue and accounts
receivable are considered available if received within 60 days of fiscal year end. Federal and State grants
are considered receivable and accrued as revenue when reimbursable costs are incurred under the accrual
basis of accounting in the government -wide statement of net position. The amount recognized as revenue
under the modified accrual basis of accounting is limited to the amount that is deemed measurable and
available. The Town considers these taxes available if they are received during the period when settlement
of prior fiscal year accounts payable and payroll charges normally occur. Grants, entitlements or shared
revenue are recorded as receivables and revenue in the general, special revenue, and capital projects funds
when they are received or susceptible to accrual.
Balances representing lending/borrowing transactions between funds outstanding at the end of the fiscal
year are reported as either "due to/due from other funds" (amounts due within one year), "advances to/from
other funds" (non-current portions of interfund lending/borrowing transactions), or "loans to/from other funds"
(long-term lending/borrowing transactions as evidenced by loan agreements).
Allowance for Doubtful Accounts
Management has elected to record bad debts using the direct write-off method. Accounting principles
generally accepted in the United States of America require that the allowance method be used to reflect bad
debts. However, the effect of the use of the direct write-off method is not materially different from the results
that would have been obtained had the allowance method been followed.
Property Taxes
Property taxes in the State of California are administered for all local agencies at the County level and
consist of secured, unsecured and utility tax rolls. The following is a summary of major policies and practices
relating to property taxes:
> Property Valuations - are established by the Assessor of Marin County for the secured and
unsecured property tax rolls; the utility property tax roll is valued by the California State Board of
Equalization. Under the provisions of Article XII IA of the State Constitution (Proposition 13, adopted
by the voters on June 6, 1978), properties are assessed at 100% of full value. From this base of
assessment, subsequent annual increases in valuation are limited to a maximum of 2%. However,
increase to full value is allowed for property improvements or upon change in ownership. Personal
property is excluded from these limitations and is subject to annual reappraisal.
22
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
> Tax Levies - are limited to 1% of full assessed value which results in a tax rate of $1.00 per $100
assessed valuation under the provisions of Proposition 13. Tax rates for voter -approved
indebtedness are excluded from this limitation.
> Tax Levy Dates - are attached annually on January 1, preceding the fiscal year for which the taxes
are levied. The fiscal year begins July 1 and ends June 30 of the following year. Taxes are levied on
both real and unsecured personal property. Liens against real estate, as well as the tax on personal
property, are not relieved by subsequent renewal or change in ownership.
Tax Collections - are the responsibility of the Marin County's tax collector. Taxes and assessments
on secured and utility rolls, which constitute a lien against the property, may be paid in two
installments: The first is due on November 1 of the fiscal year and is delinquent if not paid by
December 10; and the second is due on March 1 of the fiscal year and is delinquent if not paid by
April 10. Unsecured personal property taxes do not constitute a lien against property unless the
taxes become delinquent. Payment must be made in one installment, which is delinquent if not paid
by August 31 of the fiscal year. Significant penalties are imposed by the County for late payments.
> Tax Levy Apportionments - due to the nature of the Town -wide maximum levy, it is not possible to
identify general-purpose tax rates for specific entities. Under State legislation adopted subsequent to
the passage of Proposition 13, apportionments to local agencies are made by each County auditor -
controller based primarily on the ratio that each agency represented of the total Town -wide levy for
the three fiscal years prior to fiscal year 1979.
> Property Tax Administration Fees - the State of California fiscal year 1990-91 Budget Act authorized
Counties to collect an administrative fee for its collection and distribution of property taxes.
Capital Assets
Capital assets are reported in the government -wide statement of net position. Capital assets are stated at
historical cost, when available and at estimated replacement cost when original cost was not available.
Donated assets are stated at estimated market value at date of donation. The Town's policy is to capitalize
all capital assets with costs exceeding a minimum threshold of $5,000. Depreciation is recorded using the
straight-line method over the estimated useful lives of the assets, which range from five to forty years.
Compensated Absences
Compensated absences represent the vested portion of accumulated vacation and sick leave. The Town's
method of calculating the liability is in accordance with GASB Statement No. 16, except that additional
accruals for salary -related payments associated with the payment of compensated absences, for example,
the employer's share of pension contributions, social security and medicare taxes, have not been accrued as
that amount is not considered significant or material to the financial statements taken as a whole. In
governmental fund types, the cost of vacation and sick leave benefits is recognized when payments are
made to employees. Upon termination, 100% of vacation leave is paid.
Long-term Obligations
In the government -wide financial statements, long-term debt and obligations are reported as liabilities in the
applicable statement of net position. Bond premiums, issuance costs and discounts are deferred and
amortized over the life of the bond. In the fund financial statements, governmental fund types recognize
bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of
debt issued is reported as other financing sources.
Pensions
23
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
In government -wide financial statements, retirement plans (pensions) are required to be recognized and
disclosed using the accrual basis of accounting, regardless of the amount recognized as pension
expenditures on the governmental fund statements, which use the modified accrual basis of accounting.
In general, the Town recognizes a net pension liability, which represents the Town's proportionate share of
the excess of the total pension liability over the fiduciary net position of the pension reflected in the actuarial
report provided by the California Public Employees Retirement System (CaIPERS). The net pension liability
is measured as of the Town's prior fiscal year-end. Changes in the net pension liability are recorded, in the
period incurred, as pension expense or as deferred inflows of resources or deferred outflows of resources
depending on the nature of the change. The changes in net pension liability that are recorded as deferred
inflows of resources or deferred outflows of resources (that arise from changes in actuarial assumptions or
other inputs and differences between expected or actual experience) are amortized over the weighted
average remaining service life of all participants in the respective pension plan and are recorded as a
component of pension expense beginning with the period in which they are incurred.
For purposes of measuring the net pension liability and deferred outflows/inflows or resources relating to
pensions and pension expense, information about the fiduciary net position of the Town's pension plan with
CaIPERS and additions to/deductions from the plan's fiduciary net position have been determined on the
same basis as they are reported by CaIPERS. For this purpose, benefit payments (including refunds of
employee contributions) are recognized when due and payable in accordance with the benefits terms.
Investments are reported at fair value.
Projected earnings on pension investments are recognized as a component of pension expense. Differences
between projected and actual investment earnings are reported as deferred inflows of resources or deferred
outflows of resources and amortized as a component of pension expense on a closed basis over a five-year
period beginning with the period in which the difference occurred. Each subsequent year will incorporate an
additional closed basis five-year period of recognition.
Major Funds
The Town's Major Funds are as follows:
General Fund - this fund is used to account for the general operations of the Town, and is used to
account for all financial resources except those required to be accounted for in another fund.
Tiburon Street Impact Fund - this fund is used to account for the collection of impact fees from permits
issued for construction projects within the Town limits, whose use is restricted for street projects.
Net Position and Fund Balances
Net position designations are classified on the government -wide statement of net position as follows:
• Invested in capital assets, net of related debt - represents the Town's total investment in capital
assets reduced by any outstanding debt used to acquire these assets.
• Restricted net position - includes resources that the Town is legally or contractually obligated to
spend in accordance with restrictions imposed by external third parties.
• Unrestricted net position - represents resources derived from sources without spending restrictions,
are used for transactions relating to the general operations of the Town, and may be used at the
discretion of those charged with governance to meet current expenses or obligations for any purpose.
In accordance with GASB Statement No. 54, "Fund Balance Reporting and Governmental Fund Type
Definitions,"governmental funds report fund balance as nonspendable, restricted, committed, assigned or
unassigned based primarily on the extent to which the Town is bound to honor constraints on how specific
amounts can be spent.
24
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
• Nonspendable - amounts that cannot be spent because they are either (a) legally or contractually
required to be maintained intact or (b) not in spendable form such as long-term notes receivable.
• Restricted - amounts that can be spent only for the specific purposes stipulated by constitution,
external resource providers, or through enabling legislation.
• Committed - amounts that can be used only for the specific purposes determined by a formal action
of the Town Council, to establish, modify or rescind a fund balance commitment.
• Assigned - amounts that are constrained by the government's intent to be used for specific purposes
but do not meet the criteria to be classified as restricted or committed, as determined by a formal
action or policy of the Town Council or its appointed official.
• Unassigned - the residual classification for the governments general fund and includes all spendable
amounts not contained in the other classifications.
The Town has set aside amounts for emergency situations or revenue shortages or budgetary imbalances,
commonly referred to as revenue stabilization. The authority to set aside those amounts generally comes
from statue, ordinance, resolution, constitution or policy. Stabilization amounts may be expended with
Council approval only when certain specific circumstances exist as determined by Council at that time.
When expenditures are incurred for purposes for which both restricted and unrestricted amounts are
available, it is the Town's policy to expend restricted fund balances first. When expenditures are incurred for
purposes for which committed, assigned, or unassigned amounts are available, it is the Town's policy to
expend committed, then assigned, then unassigned amounts in that order.
New Accounting Pronouncements
The following Governmental Accounting Standards Board (GASB) Statements have been implemented in the
current financial statements:
Statement No. 68 "Accounting and Financia! Reporting for Pensions—an amendment of GASB Statement No.
27." The provisions of this statement revise existing standards of financial reporting for most governments
that provide their employees with pension benefits. The Statement establishes reporting requirements of the
net pension plan liability in the government -wide financial statements, how to measure pension liabilities, and
presentation of the financial information and disclosures related to the employer. This Statement is effective
for periods beginning on or after June 15, 2014.
Statement No. 71 "Pension Transition for Contributions Made Subsequent to the Measurement Date—an
amendment of GASB Statement No. 68." The objective of this statement is to address an issue regarding
application of the transition provisions of Statement 68 relating to amounts associated with contributions
made by a local government employer contributing entity to a defined benefit pension plan after the
measurement date of the government's beginning net pension liability. The provisions of this statement are
required to be applied simultaneously with the provisions of Statement 68.
Note 3 - Stewardship, Compliance and Accountability
Budgetary Information
The Town follows these procedures annually in establishing the budgetary data reflected in the financial
statements:
1. The Town Manager submits to the Town Council a proposed draft budget for the fiscal year commencing
the following July 1. The budget includes proposed expenditures and the means of financing them.
2. The Town Council reviews the proposed budget at special scheduled sessions which are open to the
public. The Council also conducts a public hearing on the proposed budget to obtain comments from
25
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
interested persons.
3. Prior to July 1, the budget is adopted through the passage of a resolution.
4. From the effective date of the budget, which is adopted and controlled at the department level, the
amounts stated therein as proposed expenditures become appropriations to the various Town
departments. The Town Council may amend the budget by resolution during the fiscal year. The Town
Manager may authorize transfers from one objector purpose to another within the same department, and
between departments within the General Fund. All appropriations lapse at year end.
Economic Dependency
In fiscal year 2014-15, the Town received 46% of its total general fund revenue from one source; property
taxes. Any reduction in assessed property values or reductions in the Town's property tax share due to the
State's ongoing budget crisis could have serious consequences to the Town's operating budget.
Revenue Limitations Imposed By California Proposition 218
Proposition 218, which was approved by the voters in November 1996, regulates the Town's ability to
impose, increase, and extend taxes, assessments, and fees. Any new, increased, or extended taxes,
assessments, and fees subject to the provisions of Proposition 218, require voter approval before they can
be implemented. Additionally, Proposition 218 provides that these taxes, assessments, and fees are subject
to the voter initiative process and may be rescinded in future years by the voters.
Note 4 - Cash and Investments
The Town follows the practice of pooling cash and investments of all funds except for restricted funds required
to be held by outside custodians, fiscal agents or trustees under the provisions of bond indentures. Cash and
investments at June 30, 2015 are classified in the accompanying financial statements as follows:
Statement of Net Position
Cash and investments $ 21,280,864
Statement of Fiduciary Net Assets
Cash and investments 2,041,683
Cash investments with fiscal agent 103,249
$ 23,425,796
Cash and Investments are comprised of the following:
Deposits with financial institutions:
money market mutual funds
checking accounts
Investment with Local Agency Investment Fund
US Treasury money market funds
$ 100,000
217,829
23,004,718
103,249
$ 23,425,796
Investment in State Investment Pool
The Town is a voluntary participant in the Local Agency Investment Fund (LAIF). LAIF, established in 1977,
is regulated by California Government Code Section 16429 and under the day to day administration of the
California State Treasurer. There is a five member Local Investment Advisory Board that is chaired by the
State Treasurer. LAIF determines fair value of its investment portfolio based on market quotations for those
securities where market quotations are readily available, and on amortized cost or best estimate for those
securities where market value is not readily available. LAIF is part of the Pooled Money Investment Account
26
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
(PMIA) and under the control of the State Treasurer's Office, which is audited by the Bureau of State Audits
on an annual basis. As of June 30, 2015, PMIA had approximately $69.6 billion in investments. Audited
financial statements of PMIA may be obtained from the California State Treasurer.
The fair value of the City's investment in this pool is reported in the accompanying financial statements at
amounts based upon the City's pro -rata share of the fair value provided by LAIF for the entire LAIF portfolio
(in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the
accounting records maintained by LAIF, which are recorded on an amortized cost basis.
Disclosures Relating to Interest Rate Risk
Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an
investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to
changes in market interest rates. Information about the sensitivity of the fair values of the Town's
investments to market interest rate fluctuations is provided by the following table that shows the maturity date
and yield of each investment:
State investment pool (LAIF)
US Treasury money market funds
Money market mutual funds
$ 23,004,718
103,249
100,000
Maturity / Yield
7 months average maturity, 0.27% yield
due on demand, 0.0% yield
due on demand, 0.43% yield
Disclosures Relating to Credit Risk
Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the
investment. This is measured by the assignment of a rating by a nationally recognized statistical rating
organization. LAIF does not have a rating provided by a nationally recognized statistical rating organization.
Concentration of Credit Risk
The investment policy of the Town contains limitations on the amount that can be invested in any single
issuer as follows: 5% for negotiable certificates of deposit and commercial paper, 15% for money market
funds, 20% for federal agencies and US GSEs, and no limit for US Treasury Securities and LAIF. There are
no investments in any single issuer that represent 5% or more of total Town investments. Nearly 98% of the
Town's cash and investments at year end were invested in LAIF.
Custodial Credit Risk
Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution,
a government will not be able to recover its deposits or will not be able to recover collateral securities that are
in the possession of an outside party. The California Government Code and the Town's investment policy do
not contain legal or policy requirements that would limit the exposure to custodial credit risk for deposits,
other than the following provision for deposits: "the California Government Code requires that a financial
institution secure deposits made by state or local governmental units by pledging securities in an undivided
collateral pool held by a depository regulated under state law (unless so waived by the governmental unit).
The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount
deposited by the public agencies." California law also allows financial institutions to secure Town deposits
by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. At fiscal
year end the Town had $362,738 that was not covered by depository insurance but collateralized by either
marketable securities, first trust deed mortgage notes, or a combination of both.
The custodial credit risk for investments is the risk that, in the event of the failure of the counterparty (e.g.,
broker-dealer) to a transaction, a government will not be able to recover the value of its investment or
collateral securities that are in the possession of another party. The California Government Code and the
Town's investment policy do riot contain legal or policy requirements that would limit the exposure to
custodial credit risk for investments. With respect to investments, custodial credit risk generally applies only
to direct investments in marketable securities. Custodial credit risk does not apply to a local government's
27
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
indirect investment in securities through the use of mutual funds or government investment pools (such as
LAIF).
Note 5 - Notes Receivable
In conjunction with the October 2006 employment agreement between the Town of Tiburon and the Town
Manager, the Town provided a second mortgage secured by a deed of trust on the Manager's primary
residence in the amount of $800,000. The loan is payable in monthly installments of interest only, and bears
interest at the LAIF rate, up to a maximum annual rate of 5.5%. The loan shall be fully due and payable
when (1) the property for which the loan is made is no longer the employee's primary residence, or (2) within
two years of the employee's termination of employment. This amount is recorded as a note receivable in the
Town's general fund.
Note 6 - Capital Assets
The following is a summary of changes in the Town's capital assets as reported in the Governmental -wide
financial statements:
Beginning
Balance
Additions/ Retirements/
Completions Adjustments
Non -depreciable Assets
Land $ 4,087,952 $
Depreciable Assets
Buildings and improvements
Furniture and equipment
Infrastructure
5,784,599
2,791,619
55,481,733
64,057,951
Accumulated Depreciation (28,496,201)
Depreciable assets, net
Total capital assets, net
180,694
185,347
502,472
(110,000)
868,513 (110,000)
(1,149,157)
35,561,750 868,513 (1,259,157)
$ 39,649,702 $ 868,513 $ (1,259,157)
Ending
Balance
$ 4,087,952
5,965,293
2,866,966
55,984,205
64, 816,464
(29,645,358)
35,171,106
$ 39,259,058
Note 7 - Long-term Obligations
Changes in Tong -term obligations for the fiscal year were as follows:
Beginning Additions Reductions End of Year
Due Within
One Year
Compensated Absences $ 446,601 $ - $ (76,357) $ 370,244 $ 92,561
Postemployment Benefits 1,665,917 173,480 - 1,839,397
Net Pension Liability 4,771,765 4,771,765
$ 2,112,518 $ 4,945,245 $ (76,357) $ 6,981,406
Note 8 - Special Assessment District Bond Obligations
The Town acts as an agent for collection of property taxes and repayment of several special assessment
district improvement bonds issued on behalf of these districts located within the Town's boundary limits.
28
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
Since the Town is not obligated in the event of any manner for these special assessment bonds, debt service
payments, or default, the debt is not recorded in these financial statements.
The outstanding balance of Special Assessment District bond obligations at fiscal year end was as follows:
Del Mar Valley Utility District Underground Bonds
Del Mar Valley District 2010 Bonds
Stewart Drive District 2001 Bonds
Lyford Cove Utility Underground District 2005-01 Bonds
Lyford Cove Utility Underground District 2005 Supplemental Bonds
Main Street District ADA Improvements (1999)
Note 9 - Interfund Transfers
Operating interfund transfers for the fiscal year comprise the following:
Fund
General Fund
GASB 45 reserve fund
Capital Equipment reserve fund
Technology reserve fund
Police Supplemental Law Enforcement grant fund
$ 2,580,000
1,900,000
970,000
3,040,000
1,992,561
178,000
Transfers In Transfers Out
$ 105,677 $ 378,606
201,006
122,200
55,400
105,677
$ 484,283 $ 484,283
Note 10 - Postemployment Benefits Other Than Pensions
Plan Description
The Town provides retiree medical benefits to employees who retire from the Town at age 50 or later with at
least 5 years of service and are eligible for a CaIPERS pension. Eligible retirees are entitled to the minimum
CaIPERS medical benefit, which was $119 per month in year 2014, and $122 per month in year 2015. The
amount is anticipated to increase annually. This benefit continues for the life of the retiree and then for the
life of a surviving spouse, as applicable.
In addition, retirees with 15 or more years of Town service are eligible to receive a monthly benefit based on
the monthly premium charged by CaIPERS for Kaiser Permanente medical insurance at the single person
rate, which was $743 in year 2014, and $714 in year 2015. However, this benefit does not apply to
management and mid -management employees hired after July 1, 2009, or police employees hired after July
1, 2010, or SEIU employees hired after June 1, 2014. The benefit amount is the below percentage of the
Kaiser single premium at the time of retirement. The amounts, which are paid by the Town directly to
retirees, are fixed at retirement, and do not increase in subsequent years. The benefit amount does not
decrease at age 65 even though Kaiser insurance premiums may decrease substantially at that age. The
benefit continues only for the life of the retiree, as follows:
15-19 years of service 50% of benefit
20-24 years of service 75% of benefit
25 or more years of service 100% of benefit
Retirees may select any retiree medical plan offered by CaIPERS, including spouse or family coverage, but
29
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
must incur the cost of the premiums exceeding the above benefits.
Actuarial Method and Assumptions
The valuation was completed using the Entry Age Normal Cost Method. This is a projected benefit cost
method, which takes into account those benefits that are expected to be earned in the future as well as those
already accrued.
Discount Rate
Valuation results were computed at a 4.00% discount rate. 4.00% is a reasonable Tong -term assumption of
the Town's expected return on its investments.
Valuation Results and Accounting Requirements
The Actuarial Valuation of Postemployment Health Benefits report was prepared with a Valuation Date of
July 1, 2014 to provide an estimate of the Town's liability for postemployment medical benefits attributable to
past service rendered by current retirees and employees who are expected to receive the benefit. Public
entities that sponsor postemployment benefits are required by Governmental Accounting Standards Board
(GASB) Statement No. 45 to account for the cost of those benefits using accrual accounting rather than the
more common pay-as-you-go accounting. This means that each employee's benefit will "accrue" throughout
their working lifetime and that the Town will be required to show the annual accruals as a current year
expense.
The table below contains estimates of the present value of the cost of postemployment medical benefits
attributable to past service rendered by current retirees and employees who are expected to receive the
benefit. The estimates are based on the assumptions and methodology prescribed for Agencies that
participate in the CaIPERS administered California Employers' Retiree Benefit Trust Fund. The valuation
results are based on a discount rate of 4.00%, assuming that the Town continues pay-as-you-go funding of
the program. If the Town joins the CERBT Trust and contributes at least part of the Annual Required
Contributions (ARC) each year, a higher discount rate may be possible. This could result in lower annual
costs as reported under GASB 45.
A primary goal of GASB 45 is to require employers to recognize postemployment healthcare expense
systematically over periods approximating employees' years of service. The Actuarial Accrued Liability
represents the estimated present value of future benefits that are associated with past service rendered by
employees and retirees. The Unfunded Actuarial Accrued Liability is the excess of the Actuarial Accrued
Liability over the Actuarial Value of any Assets, as follows:
Present Value of Future Postemployment Healthcare Cost
Attributable to Past Service
As of July 1,2014
4%
Discount Rate
Actives $ 2,223,165
Retirees and Spouses 1,247,622
Total Actuarial Accrued Liability $ 3,470,787
Actuarial Value of Assets
Unfunded Actuarial Accrued Liability $ 3,470,787
Projected Postemplovment Health Benefit Costs
30
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
The following table provides a ten-year projection of the pay-as-you-go cost to provide postemployment
benefits to current retirees and future retirees from the Town's current employees:
Estimated Annual Pay-as-you-go Cost
Year Estimated Amount
2014/15 $ 91,690
2015/16 105,580
2016/17 119,394
2017/18 131,269
2018/19 144,075
2019/20 158,954
2020/21 170,382
2021/22 183,205
2022/23 191,993
2023/24 201,442
Benefit Costs under GASB 45
The following table provides disclosure of information regarding the Town's Annual OPEB Cost. The
Unfunded Actuarial Accrued Liability amount is currently not required by GASB to be reported in the Town's
government -wide financial statements.
The Annual Required Contribution (ARC) consists of the Normal Cost plus the portion of the Unfunded
Actuarial Accrued Liability that is to be amortized in the current year. The Normal Cost is the portion of the
actuarial present value of future benefits that is allocated to the current year. Another interpretation is that
the Normal Cost is the present value of future benefits that are "earned" by employees for service rendered
during the current year. This valuation is based on the Entry Age Normal Cost method of calculation and an
attribution period that runs from date of hire until the expected retirement date.
An employer is allowed to commence amortization of the Unfunded Actuarial Accrued Liability (UAAL) over a
period not to exceed 30 years. The amortization method used in this valuation is the level dollar method.
The UAAL amortization is occurring over a closed 30 -year period that commenced in the 2008/09 fiscal year.
The Plan's actuary assumed that 6 years of amortization have occurred since 2008/09 and that 24 years
remained as of July 1, 2014. The following table is based on a level percentage of payroll amortization over
24 years:
31
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
Development of 2014 / 2015 Fiscal Year
Annual OPEB Cost - Based on a 4.00% discount rate
Actuarial Accrued Liability
Actuarial Value of Assets
Unfunded Actuarial Accrued Liability
Amortization Period
Amortization Factor (based on 4.00% Discount Rate)
$ 3,470,787
$ 3,470,787
24 years
12.261
Annual % of Payroll Amortization of Unfunded AAL $ 163,250
Normal Cost (based on the Entry Age Normal Method) 113,641
Annual Required Contribution 276,891
Interest on Net OPEB Obligation 66,637
Adjustment to ARC (78,358)
Annual OPEB Cost 265,170
Pay-as-you-go Cost (91,690)
Increase in net OPEB Obligation 173,480
Net OPEB Obligation - beginning of year 1,665,917
Net OPEB Obligation - end of year $ 1,839,397
Note 11- Cost -Sharing Multiple -Employer Defined Benefit Pension Plan
A. General information about the Plan
Plan Description
The Town provides pension benefits to eligible employees through a cost-sharing multiple -employer defined
benefit pension plan administered by the California Public Employees Retirement System (CaIPERS).
CaIPERS provides retirement and disability benefits, annual cost -of -living adjustments, and death benefits to
plan members and beneficiaries. CaIPERS acts as a common investment and administrative agent for
participating public entities within the State of California. Benefit provisions and all other requirements are
established by State statute and Town ordinance. CaIPERS issues publicly available reports that include a
full description of the pension plans regarding benefit provisions, assumptions and membership information
that can be found on the CaIPERS website.
Benefits Provided
CaIPERS provides service retirement and disability benefits, annual cost of living adjustments and death
benefits to plan members, who must be public employees and beneficiaries. Benefits are based on years of
credited service, equal to one year of full time employment. Members with five years of total service are
eligible to retire at age 50-55 with statutorily reduced benefits. Death benefits are the pre -retirement Optional
Settlement 2W Death Benefit, and the post-retirement death benefit lump sum. The cost of living
adjustments for each plan are applied as specified by the Public Employees Retirement Law.
The Plans' provisions and benefits in effect at June 30, 2015, are summarized as follows:
32
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
Hire date
Benefit formula
Benefit vesting schedule
Benefit payments
Retirement age
Monthly benefits, as a % of eligible compensation
Required employee contribution rates
Required employer contribution rates
Hire date
Benefit formula
Benefit vesting schedule
Benefit payments
Retirement age
Monthly benefits, as a % of eligible compensation
Required employee contribution rates
Required employer contribution rates
Miscellaneous Plan
Prior to
January 1, 2013
2% @ 55
5 years svc
monthly for life
55
2.0%
6.891%
10.781%
On or after
January 1, 2013
2% @ 62
5 year svc
monthly for life
62
2.0%
6.308%
6.250%
Safety Plan
Prior to
January 1, 2013
3% @ 55
5 years svc
monthly for life
55
3.0%
8.980%
20.774%
On or after
January 1, 2013
2.7% @ 57
5 year svc
monthly for life
57
2.7%
11.500%
11.500%
Contributions
The Town makes contributions required as the employer. Employee members are required to make
contributions of their annual covered salary in an amount depending upon date of hire. The contribution
requirements of plan are established and may be amended by CaIPERS. Section 20814(c) of the California
Public Employees' Retirement Law requires that the employer contribution rates for all public employers be
determined on an annual basis by the actuary and shall be effective on the July 1 following notice of a
change in the rate. Funding contributions for the Plans are determined annually on an actuarial basis as of
June 30 by CaIPERS. The actuarially determined rate is the estimated amount necessary to finance the
costs of benefits earned by employees during the year, with an additional amount to finance any unfunded
accrued liability. The Town is required to contribute the difference between the actuarially determined rate
and the contribution rate of employees.
For the year ended June 30, 2015, the contributions recognized as part of pension expense for this plan were
as follows:
Contributions — employer $463,611
Contributions — employee $268,402
B. Pension Liabilities, Pension Expenses and Deferred Outflows/inflows of Resources
Related to Pensions
As of June 30, 2015, the Town reported net pension liabilities for its Proportionate Share of the Net
Pension Liability of the Plan in the amount of $4,771,765. The Town's net pension liability for its Plan
with CaIPERS is measured as the proportionate share of the net pension liability. The net pension liability
33
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
of the Plan is measured as of June 30, 2014, and the total pension liability for the Plan used to calculate the
net pension liability was determined by an actuarial valuation as of June 30, 2013 rolled forward to June 30,
2014 using standard update procedures. The Town's proportion of the net pension liability was based on a
projection of the Town's long-term share of contributions to the pension plan relative to the projected
contributions of all participating employers, actuarially determined.
The Town's proportionate share of the net pension liability as of June 30, 2014 was as follows:
Miscellaneous Plan - Classic
Miscellaneous Plan - PEPRA
Safety Plan - Classic
0.04173%
0.00000%
0.04236%
At June 30, 2015, the Town reported deferred outflows of resources and deferred inflows of resources
related to this pension plan from the following sources:
Deferred Outflows Deferred Inflows
of Resources of Resources
Pension contributions subsequent to the measurement date $ 463,611 $
Changes of assumptions
Net difference between projected and actual
earnings on pension plan investments - (1,258,282)
Changes in proportion and differences between Town
contributions and proportionate share of contributions 4,556
Differences between expected and actual experience 862
Totals $ 469,029 $ (1,258,282)
Other amounts reported as deferred outflows of resources and deferred inflows of resources related to this
pension plan will be recognized as pension expense as follows:
Year Ended
June 30,
2015 $ 419,172
2016 419,172
2017 418,758
2018 417,096
$ 1,674,198
C. Actuarial Assumptions
The total pension liability for this plan in the June 30, 2013 actuarial valuation was determined using the
following actuarial assumptions:
34
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
Valuation Date
Measurement Date
Actuarial Cost Method
Actuarial Assumptions:
Discount Rate
Inflation
Payroll Growth
Projected Salary Increase
Investment Rate of Return
Miscellaneous & Safety Plans
June 30, 2013
June 30, 2014
Entry -Age Normal Cost
7.50%
2.75%
3.00%
3.3% - 14.2% (1)
7.5% (2)
(1) Depending on age, service, and type of employment
(2) Net of pension plan investment expenses, including inflation
D. Discount Rate
The discount rate used to measure the total pension liability was 7.50% for each Plan. To determine
whether the municipal bond rate should be used in the calculation of a discount rate for each plan,
CaIPERS stress tested plans that would most likely result in a discount rate that would be different from
the actuarially assumed discount rate. Based on the testing, none of the tested plans run out of assets.
Therefore, the current 7.50 percent discount rate is adequate and the use of the municipal bond rate
calculation is not necessary. The long-term expected discount rate of 7.50 percent will be applied to all
plans in the Public Employees Retirement Fund (PERF). The stress test results are presented in a detailed
report that can be obtained from the CaIPERS website.
According to Paragraph 30 of GASB 68, the long-term discount rate should be determined without reduction
for pension plan administrative expense. The 7.50 percent investment return assumption used in this
accounting valuation is net of administrative expenses. Administrative expenses are assumed to be 15
basis points. An investment return excluding administrative expenses would have been 7.65 percent. Using
this lower discount rate has resulted in a slightly higher Total Pension Liability and Net Pension Liability.
CaIPERS checked the materiality threshold for the difference in calculation and did not find it to be a material
difference.
CaIPERS is scheduled to review all actuarial assumptions as part of its regular Asset Liability Management
(ALM) review cycle that is scheduled to be completed in February 2018. Any changes to the discount rate will
require Board action and proper stakeholder outreach. For these reasons, CaIPERS expects to continue
using a discount rate net of administrative expenses for GASB 67 and 68 calculations through at least the
2017-18 fiscal year. CaIPERS will continue to check the materiality of the difference in calculation until such
time as we have changed our methodology.
The long-term expected rate of return on pension plan investments was determined using a building-block
method in which best -estimate ranges of expected future real rates of return (expected returns, net of
pension plan investment expense and inflation) are developed for each major asset class. In determining the
long-term expected rate of return, CaIPERS took into account both short-term and long-term market return
expectations as well as the expected pension fund cash flows. Using historical returns of all the funds' asset
classes, expected compound returns were calculated over the short-term (first 10 years) and the long-term
(11-60 years) using a building-block approach.
35
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
Using the expected nominal returns for both short-term and Tong -term, the present value of benefits was
calculated for each fund. The expected rate of return was set by calculating the single equivalent
expected return that arrived at the same present value of benefits for cash flows as the one calculated using
both short-term and long-term returns. The expected rate of return was then set equivalent to the single
equivalent rate calculated above and rounded down to the nearest one quarter of one percent.
The table below reflects the long-term expected real rate of return by asset class. The rate of return was
calculated using the capital market assumptions applied to determine the discount rate and asset allocation.
These rates of return are net of administrative expenses.
Asset Class
Global Equity
Global Fixed Income
Inflation Sensitive
Private Equity
Real Estate
Infrastructure and Forestland
Liquid Assets
New Strategic
Allocation
47.00%
19.00%
6.00%
12.00%
11.00%
3.00%
2.00%
(1) an expected inflation rate of 2.5% is used for this period
(2) an expected inflation rate of 3.0% is used for this period
Real Return
Years 1-10 (1)
5.25%
0.99%
0.45%
6.83%
4.50%
4.50%
-0.55%
Real Return
Years 11+ (2)
5.71%
2.43%
3.36%
6.95%
5.13%
5.09%
-1.05%
E. Sensitivity of the Proportionate Share of the Net Pension Liability to Changes in the Discount Rate
The following presents the Town's proportionate share of the net pension liability for each Plan, calculated
using the discount rate for each Plan, as well as what the Town's proportionate share of the net pension
liability would be if it were calculated using a discount rate that is 1 percentage point lower or 1 percentage
point higher than the current rate:
Misc-Classic
Misc-PEPRA
Safety -Classic
Discount Rate: -1%
6.50%
$ 4,626,210
72
4,535,918
Note 12 - Commitments and Contingencies
Current Discount
Rate 7.50%
$ 2,596,528
40
2,635,827
Discount Rate +1%
8.50%
$ 912,085
14
1,070,235
The Town receives funding from a number of federal, state and local grant programs. These programs are
subject to financial and compliance review by grantors. Accordingly, the Town's compliance with applicable
grant requirements will be determined at some future date. Expenditures, if any, which may be disallowed by
the granting agencies, cannot be determined at this time. The Town does not expect the undeterminable
amounts of disallowed expenditures, if any, to materially affect the financial statements. Receipt of this
federal, state and local grant revenue is not assured in the future.
The Town participates in a Joint Powers Agreement through the Marin Emergency Radio Authority (MERA)
under an operating agreement dated February 1, 1999, which provides a public safety radio system to its
members. The Town has committed to pay a pro -rata share of MERA's operations costs and debt service
through year 2022, which are projected at $82,000 per year.
36
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
At June 30, 2015, the Town had one ongoing construction contract totaling approximately $500,000, of which
approximately $400,000 has been paid.
Note 13 - Risk Management
General liability
The Town participates in the Association of Bay Area Governments (ABAG Plan), a Joint Exercise of Power
Agency. The ABAG Plan provides the Town with coverage for general liability, excess liability, public official
bond, property, and crime insurance, with various deductibles. For those liability claims below $50,000 per
occurrence, the Town is self-insured. ABAG Plan members may receive rebates when so declared by
ABAG. In the event excess liability claims exceed available resources, members may be required to make
additional contributions. For the current fiscal year the Town paid $147,658 for liability coverage.
The ABAG Plan is a self-insured, risk -sharing pool comprised of 29 member local agencies and cities in the
San Francisco -Oakland Metropolitan Bay Area. The governing body includes one person from each member
town, city, or agency with an annual election for the executive committee positions. Financial statements
may be obtained from ABAG, Post Office Box 2050, Oakland, California 94604.
Workers' compensation
The Town participates in a joint powers agreement through the Bay Cities Joint Powers Insurance Authority
(BCJPIA). The Town currently reports all of its workers' compensation related risk management activities in
its General Fund (self-insurance reserve). Claim expenditures and liabilities are reported when it is probable
that a loss has occurred and the amount of that loss can be reasonably estimated. The Town currently
reports all of its risk management activities in its General Fund. For the current fiscal year the Town paid
$105,897 for workers compensation coverage.
BCJPIA was created as a California Public Agency by an agreement between certain public agencies in the
San Francisco Bay Area to provide workers' compensation coverage. BCJPIA is governed by a Board of
Directors which is comprised of officials appointed by each member town, city or agency. The workers'
compensation fund is self-insured for the first $150,000 of loss per accident; excess coverage policy is
provided by an outside insurance carrier up to statutory limits. Financial statements may be obtained from
BCJPIA, 1750 Creekside Oaks Drive, Suite 200, Sacramento, California 95833.
Note 14 - Subsequent Events
The management of the Town has reviewed the results of operations for the period from its year end June
30, 2015 through October 30, 2015, the date the draft financial statements were available to be issued, and
have determined that no adjustments are necessary to the amounts reported in the accompanying financial
statements nor have any subsequent events occurred, the nature of which would require disclosure.
Note 15 - Future Accounting Pronouncements
GASB Statements Nos. 72-76 listed below will be implemented in future financial statements:
Statement No. 72 "Fair Value Measurement and Application"
The provisions of this statement are effective for financial statements for reporting periods beginning after
June 15, 2015.
Statement No. 73 "Accounting and Financial Reporting for Pension and Related Assets That Are Not within
the Scope of GASB Statement No. 68, and Amendments to Certain Provision of GASB Statements No. 67
and No. 68"
37
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
The provisions of this statement are effective for fiscal years beginning after June 15, 2015 - except those
provisions that address employers and governmental non -employer contributing entities for pensions that are
not within the scope of GASB Statement No. 68, which are effective for fiscal years beginning after June 15,
2016.
Statement No. 74 "Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans"
The provisions of this statement are effective for fiscal years beginning after June 15, 2016.
Statement No. 75 "Accounting and Financial Reporting for Postemployment Benefits Other Than Pension
Plans"
The provisions of this statement are effective for fiscal years beginning after June 15, 2017.
Statement No. 76 "The Hierarchy of Generally Accepted Accounting Principles for State and Local
Governments"
The provisions of this statement are effective for reporting periods beginning after June 15, 2015.
Note 16 - Prior Period Adjustment
A prior period adjustment in the amount of $(5,561,018) was made to decrease the Town's beginning net
position to reflect the prior period's net pension liability in accordance with the implementation of GASB
Statement No. 68. The restatement of beginning net position is summarized as follows:
38
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2015
Note 97 - Fund Balance Designations Section of the Balance Sheet
Fund Balances
Nonspendable:
Long-term notes receivable
Tiburon Nonmajor
General Street Governmental
Fund Impact Fund Funds
Total
$ 800,000 $ $ $ 800,000
Restricted for:
Cypress Hollow LLD -98 29,130 29,130
Gas tax - streets / sidewalks - 1,170,810 1,170,810
Sales tax & VLF projects - 272,911 272,911
Parks in -lieu 13,180 13,180
Open space acquisition 193,678 193,678
Planning area mitigation - - 185,326 185,326
Streets and sidewalks 2,446,249 - 2,446,249
Storm water run-off 176,921 176,921
Circulation system improvement - - 84,353 84,353
Bunch grass mitigation - 131,469 131,469
Total restricted fund balances 2,446,249 2,257,778 4,704,027
Committed to:
GASB 45 OPEB reserve 1,045,153 1,045,153
Streets and capital projects 2,700,000 2,700,000
Town's LMI housing - 1,236,510 1,236,510
Street Frontage improvement - - 2 2
Long range planning 222,058 222,058
Total committed fund balances 3,745,153 1,458,570 5,203,723
Assigned:
Employee compensated leave 316,380 316,380
Future public works facility 2,111,633 - 2,111,633
Self insurance reserve 160,004 - 160,004
Capital equipment reserve 135,000 - 135,000
Technology equipment reserve 556,546 556,546
Future Park development 298,859 298,859
Open space management 25,141 - - 25,141
Disaster response reserve 100,000 - 100,000
Streets & drainage reserve 374,400 374,400
Capital outlay reserve 302,493 302,493
Town owned housing units - 291,108 291,108
Playground equipment - -
Flower Fund 7,035 7,035
Heritage & Arts project - 7,522 7,522
Total assigned fund balances 4,380,456 305,665 4,686,121
Unassigned 5,747,919 - 2,030 5,749,949
Total Fund Balances $ 14,673,528 $ 2,446,249 $ 4,024,043 $ 21,143,820
39
REQUIRED SUPPLEMENTARY INFORMATION
(unaudited)
TOWN OF TIBURON
Required Supplementary Information
Cost -Sharing Multiple -Employer Defined Benefit Pension Plan
Year Ended June 30, 2015
Schedule of Changes in the Net Pension Liability and Related Ratios
The beginning and ending balances of the total pension liability, the plan assets available for pension
benefits (called plan net position), and the net pension liability, as well as the change in those amounts
during the year are presented by cause.
Total pension liability, plan net position, net pension liability, a ratio of plan net position divided by the
total pension liability, payroll amount for current employees in the plan (covered -employee payroll), and a
ratio of the net pension liability divided by covered -employee payroll.
Schedule of Contributions
If an agent employer's contributions to the plan are actuarially determined or based on statutory or
contractual requirements: the agent employer's actuarially determined contribution to the pension plan
(or, if applicable, its statutorily or contractually required contribution), the employer's actual contributions,
the difference between the actual and actuarially determined contributions (or statutorily or contractually
required), and a ratio of the actual contributions divided by covered -employee payroll.
40
TOWN OF TIBURON
Required Supplementary Information
Cost -Sharing Multiple -Employer Defined Benefit Pension Plan
Year Ended June 30, 2015
Schedule of Changes in the Net Pension Liability and Related Ratios
Total Pension Liability 2015
Service Cost $ 680,549
Interest on total pension liability 2,076,671
Differences between expected and actual experience
Changes in assumptions
Changes in benefit terms
Benefit payments, including refunds of employee contributions (1,241,524)
Net change in total pension liability 1,515,696
Total pension liability - beginning 27,969,436
Total pension liability - ending $ 29,485,132
Plan Fiduciary Net Position
Contributions - employer (current year) $ 463,611
Contributions - employee (current year) 268,402
Net investment income 1,939,619
Benefit payments 1,110,416
Net change in plan fiduciary net position 3,782,048
Plan fiduciary net position - beginning 20,931,319
Plan fiduciary net position - ending $ 24,713,367
Net Pension Liability (7.5% discount rate)
$ 4,771,765
Plan fiduciary net position as a percentage of the total pension liability 0.84090%
Plan's Proportionate Share of the net pension liability/(asset) $ 4,771,765
Covered employee payroll $ 3,503,315
Net pension liability as percentage of covered employee payroll 136.21%
Schedule of Contributions
Actuarially determined contribution $ 451,460
Contributions in relation to the actuarially determined contributions (451,460)
Contribution deficiency (excess) $
Covered - employee payroll
Contributions as a percentage of covered employee payroll
41
$ 3,503,315
12.89%
TOWN OF TIBURON
Required Supplementary Information
Schedule of Funding Progress (unaudited)
Other Postemployment Benefits Plan
As of June 30, 2015
The Schedule of Funding Progress presents trend information about whether the actuarial value of plan
assets is increasing or decreasing over time relative to the actuarial accrued liability for benefits. Trend
information from the actuarial studies is presented below:
Actuarial UAAL
Accrued Actuarial Unfunded as a % of
Actuarial Liability Value of AAL Funded Covered Covered
Valuation (AAL) Assets (UAAL) Ratio Payroll Payroll
Date (a) (b) (a -b) (b/a) (c) [(a-b)/c]
July 1, 2008 $ 2,157,932 $ - $ 2,157,932 0% $ 2,575,797 83.8%
July 1, 2011 $ 2,900,736 $ - $ 2,900,736 0% $ 3,700,000 78.4%
July 1, 2014 $ 3,470,787 $ $ 3,470,787 0% $ 6,750,391 51.4%
42
TOWN OF TIBURON
Required Supplementary Information
Budgetary Comparison Information
Year Ended June 30, 2015
The Town follows these procedures in establishing the budgetary data reflected in the financial
statements:
• Prior to the close of each fiscal year, the Town Manager submits to the Town Council a proposed
operating budget for the fiscal year commencing the following July 1. The operating budget
includes proposed revenue and expenditures.
• Public hearings are conducted at Town Council meetings to obtain taxpayer comments prior to
adoption of the budget in June.
• Prior to July 1, the budget is legally adopted for all governmental fund types through Council
approved resolution.
• The Town Manager is authorized to transfer budget amounts within and between funds as
deemed desirable and necessary in order to meet the Town's needs; however, revisions that alter
the total expenditures must be approved by the Town Council. Formal budgetary integration is
employed as a management control device during the year for the governmental type funds.
• Budgets for the governmental type funds are adopted on a basis consistent with generally
accepted accounting principles. Budgeted amounts presented are as originally adopted and as
further amended by the Town Council.
43
TOWN OF TIBURON
Required Supplementary Information
Budgetary Comparison Information
General Fund
Year Ended June 30, 2015
Resources (inflows)
Property taxes
Other taxes
Franchise fees
Fines and penalties
Investment earnings
Intergovernmental and agency
Licenses and permits
Charges for services
Other revenue
Transfers in
Amounts Available for Appropriation
Charges to Appropriations (outflow)
Town administration
Community development
Public safety
Public works
Legislative boards and commissions
Non -departmental
Capital improvement projects
Transfers out
Total Charges to Appropriations
Budget Amounts (unaudited)
Original Final
$ 4,432,233
1,430,979
726,998
144,750
27,250
91,000
905,350
351,800
121,700
177,600
8,409,660
$ 4,432,233
1,430,979
726,998
144,750
27,250
91,000
905,350
351,800
121,700
177,600
8,409,660
Actual
Amounts
$ 4,781,844
1,734,377
743,125
700,320
38,465
408,520
1,350,029
579,414
125,887
484,283
Variance with
Final Budget
Positive
(Negative)
$ 349,611
303,398
16,127
555,570
11,215
317,520
444,679
227,614
4,187
306,683
10,946,264 2,536,604
1,681,691 1,681,691 1,441,632 240,059
1,265,456 1,295,456 1,225,967 69,489
3,206,971 3,228, 571 2,854,191 374,380
1,458,846 1,468,846 1,305,445 163,401
41,500 41,500 32,524 8,976
807,180 807,180 761,093 46,087
1,458,000 1,942,236 958,337 983,899
378,606 (378,606)
9,919,644 10,465,480 8,957,795 1,507,685
Surplus (Deficit) $ (1,509,984) $ (2,055,820) $ 1,988,469 $ 4,044,289
44
TOWN OF TIBURON
Required Supplementary Information
Budgetary Comparison Information
Tiburon Street Impact Fund
Year Ended June 30, 2015
Variance with
Final Budget
Budget Amounts (unaudited) Actual Positive
Resources (inflows) Original Final Amounts (Negative)
Property taxes $ - $ $ $
Other taxes
Franchise fees
Fines and penalties -
Investment earnings 4,838 4,838
Intergovernmental and agency -
Licenses and permits -
Charges for services 665,000 665,000 891,175 226,175
Other revenue - 3,720 3,720
Transfers in -
Amounts Available for Appropriation 665,000 665,000 899,733 234,733
Charges to Appropriations (outflow)
Town administration
Community development -
Public safety
Public works -
Legislative boards and commissions
Non -departmental - -
Capital improvement projects 665,000 665,000 48,633 616,367
Transfers out -
Total Charges to Appropriations 665,000 665,000 48,633 616,367
Surplus (Deficit) $ $ $ 851,100 $ 851,100
45
OTHER SUPPLEMENTARY INFORMATION
O
04 7":
4
lc a
Cf O K
N Z
5 o m
N O m
till
O R C
c E
a
O W f
x VV
6 Y
O
O
O
LL
C ▪ P 6
e W C
C �
• m
m W
m a
a o M
0
a t
LL
N
aW
a
m
E C q
▪ ]
= N
1:
m
•n •
m
0
• •
M
N
0 '
O
O
v1
N
00
r
•e
m
CO
CD
CD
Y)
M
OfLISA
M
S 323,004
m
O
m
)
N
a)
Z a)
O
cc m
mmmu>
P g
O IL, c"
C c
m M
Z L
s
o• w0m
O ar c 3
M
5 374,155 S 407.985 5 15.930.839
O
O
O
5 376.457
5 800.000 5 175.063
TOTAL ASSETS
M
m)
m
m
• • •
07.
N
m
M
• 0
w
M
m
N
m
CO WI 0
• •P• Q
CO 0 0-
M — A
(D
0)
m
0
O
35.• 2
O. • m m
W
f b 9 .N. 7
J � m — m
•i 8 to
na<0
FUND BALANCES
o • M (O Of
o ' •n
O o Ot
o •D o r
a n m o
m M r
c44'.
• Q •
e
0
• • • p r
0Q
M
0 1
O
O
• I 0,
m
m
• m •
m
• • p m
o M
O ._
o Q
N
1 •
a
m
• M I r
w
0 0
• M i
m
N
• r M
8
u1
r
O
O
m
1 • • 0 I
Nonspendable
•D
M
0 • W
O O!
SM
0. N N
5 407,985 $ 15,930,839
5 376,457 S 25,141 S 100.000 S 374,155
S 376,938 5 612.361
M
m)
5 175,063 $ 2,111.633 5 1.045.153
5 800,000
5 8,886,570 5 316.380
0
z
N
g °M
IL
m ,z
m 3
o v m
a y m j < m
."5
E 153 C LL - O
c E Oo 7,
m_, z
.O F LL
;,g
O C 5- O
K o Q = 1-
a
a
! �!
!!|
k/)
|i{
\
!E/
§ |$
u.
\
0
ers
a.
w
ƒt0
773
z \�
@ E�
may—,
-27
z)Zw
§§k%
eou›-
i§Rk#R§Ri
M ENE EU
t7dEP,'H
$
ugHE#'
EE W Ie §
k
k
( / k
— :k k�
, •-;lr,0 -k!!i
.l=E{$|!$|ƒ k isE. �2 !k
' l-70.1 03 §IAIH3 L35
=0`}jff\j!` ;«!ai=}!- E/
#
)
§
Q#q
k §
si
§f§
\86
\00
• ¥
k \
6 8
� }
# 5
§ ;
0.
§
)
V
O s , m
A
Fp c o ` C
17 N o 0 a ii
(p Z
Q
Capital Projects Funds:
LL a)
d
A d
C L
Cr)
Z E
O c
c
(p
03
03C! a7 C
LL O c
O • C d
Z E s M
EE
o
Z O -,
E a p
O q C
(n3 4
O1
C i 0O
R QFg-
a g
C N O
O Y V
A
a c
O m
g C
� � O
O)
YH
.a a`
CO
N
N
om) CO
M
N
0 to
CO
CO N
n
CO
M
N
40
.n
M N
V M
�-
CO
O O
4) M
P
.n
I 0 1
0
N
co
nOi
f�•1
n
N
W C-
N
0
CO
0
LO
Vl
N
N
N
M
N
W
co
M
M
m
193.678 S
O
W
0
TOTAL ASSETS
CO 0 CO
- 0 u)
r N
CO
n I I I
M
(,
N
I 0 1 I
O
N
O
0
N
• 0 I I
0
0
(n
0
0
M
N
M
M
N ' N
(O !(4
W N
W
M
M
m
FUND BALANCES
n o 0 0
CV
I 1 CO 0
m L 0W N
M1 Q N
I 40 I I
0
N
I p• I I I
CO
M
• I I •
N
N
04
' ' N
ri
m I
0
N
O
N
N
O
M
m
0(
LO
CN)
CO
W
0-
(D
W
O
W
C)
CV
N
CO
O
N
Total Fund Balances
TOTAL LIABILITIES AND
185.326 5
FUND BALANCES
TOWN OF TIBURON
-at. R
o R E
N S
4 z 0
0
N
9
LL • u
d
CL
N N
E m
E v
` C
• co
>
o • m
CC
E
• Q1
O 0
z U
0
LL
O
3 .a y a
F E G
O 0 • d
O Fi
LL
a1
CO
>
m
LL
N J
d >
2
a
0
CC
a)
E
;
7:1
N
N R 1-
0
m �
i -
JLL
R G
a 0 o
a LL
O 0
O
co 0
• 7
Q
Ca
CO 0
O r
rCO0
O o
N
69
o o
ID
(O v
N a-•
O 0
a00)
N
N
N V)
O COd.
N
r o
0 ao
0)
43
0) r
co .-
O
N
w
O
M 40
M 90
v)
w
Notes receivable
R
N
0
CD
4.
N
0)
0
N
u)
N
N
0
0
N
m
O
N
CO
0
ri
0)
0
0
N
0
O
49
0
m
4.▪ )
1n
TOTAL ASSETS
LIABILITIES
c') 0 10
0 0 r
O O M '
4 0 m
R co
vi
01 0 10
0 I, -
LO
N R
m
CO cN
v
(0
u)
co
Q '
O
el
r
N
0
0)
m
0)
IDN
(0
611
Ca
FUND BALANCES
N N O
r rO fD
r 03 0 0
a
) 0
N C M
N
✓ o 0 0
N r l•) P)
0) N [O O
h N N
u) co
c)
co ' 0
h r
Nit.
v1
N
O
O
(0 . . .
W
0
. .
0
0
. N 1 . .
N
u)
M
' O
r
C
O
0
h
N
0
CO
CO
a
0
m
0
0
0
N
N
v)
0
r
Total Fund Balances
N
N
cCP.
0ID
N
45
0
r
N-
N: 0)
VI
0
0
N
N
49
m
0
✓
49
a
LL
LL
a
w
d
GO
LL
c
CD
cnc
ce
C
U
w
x
x
w
• r
OO
▪ N
Z E mc
O ` M
rt W d G
m O
N
LL p C
o m G C
Z E a w
o E 0
Z V
__0
E e o e
I-5 V 6 LL
z
•
•
N
CD
ti
N
m
N
CI
N
n
Vl
2.030 5 13.180 5 183.678
TOWN OF TIBURON
ti . C
0N d NO
Ov- 3 � ' C
aLL,7 0 O 0) W
a. Z0
N
0
m
m
[t]
LL
113
4)
0)
c
Of
U
a
c
N
N
9
a
W
ai
N c
.0
C >
m
u in
N 0 0
N
E
c E d
d w C
O co '7
C_
N C W
o
z V >-
0
c
Q LL
a
ATo Ta' 7 N
a i
~ N N LL
Z �
a
Measure "B"
VLF - Roads
CO N CO 0 (0
LI) (O 0) ?
O ' ( n O) (0 Q
7 O co4N
y M
(0
(D
M
9,
• NI . . O (O
0 (0 .3 eo
6) M (0 (D
R
en
9,
Paula Little
Flower Fund
O co
0
0 T
LL
0
0
c
> 3 E
0: U J 0
O. `
O. 0
O 0) `0
w
Cr)
V9
ur
f9
69
N
II I
n ( (
(N0 0)
3
Cr)
( ( ( 0 ( I 0
(0
w
O
(0.
Ln
co
Other revenue
M
0)
5
N
M
ID
n
N
CO
LO
0)
N
0
CO
6u,)
CO
0)
n
(D
Total Revenue
EXPENDITURES
01 m ( 5) O 03 R
(0 e} (D t0 M O
0) N
(D N (O t --
0) ( ( co ( ( 0
r-
51
r N O
N
0/ n
N
0)
0)
(D
ro
C
N
m
N
( ) O 0
0 0
0. o rn
v v 6)
N N (V
0 0 CDco
10
r 0- O
N N 0)
0 ( ( It I ( 0 t0
n
(0 (0 0 0
0
0 0 0
0 0 n
NI CSI CV
N 1n 1-
0 00 LII
M M u)
n n '0
0 (O 00
M (0 0
N N U1
N N
0
0
E
v
mF
0 3
Public works
0
0)
E0 r3
OJ
3 o
c
m a. m
a Ea c
Q
C
0
x
Lc 0. W
" o E To
TA
0) 00 F
Z m
0
0
0 4)
cu
� a
O N
T Q-
2 U M
c W
U 0
0
O 7
10e O
W
n
0
O
P-
CD
(0 (n0
0 0
W
0)
0
0 o
D 5 m
O c 0 .F,
V)•
N N 0
Z .61. c
N 0 it
Z E 2 d
Q
1? m E O
"a_
'R
W c F-
C O O
0
N 0 4
N N .6
N 0 O
O M -
o
0 (0 O
M '0
0 M 00
N r
(0) ON) .0
M (D
N N
C.9
n 0) CO
CO 0) 0
n 00, 0.
m 03
co
0 0 0
f7 07 PI
N n N
9,
(D Q 0
CO 0 CO
0) 0 w
61
N (n
nD N CO
0) O 0
O n0 r-
01
01 m
O c N
C N
69
61 41
CO PI
O
N
69.
6) 0
(0 c M
(0 c6
'V 0)
M N
C07
>-
E c O
-al 13
0 W
10CD 0
N
10 R
m m
a
c c
LL (=L
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
February 17, 2016
Agenda Item: cc _ 51
STAFF REPORT
To:
From:
Subject:
Reviewed By:
Mayor and Members of the Town Council
Department of Administrative Services
Recommendation to Accept the Mid -Year Budget Review
BACKGROUND
On June 17, 2015, the Town Council adopted the Municipal Budget for Fiscal Year 2015-16 (FY
2016). The total budget appropriated approximately $14.3 million in expenditures which
consisted of:
Operating Program $ 10,076,387
Capital and IT Outlay Program 236,635
Capital Improvement Program 3,226,000
Debt Service program 758.377
Total Appropriation $ 14,297,399
Since adoption of the budget, the Town Council has approved $131,405 in Capital Improvement
Program budget revisions. These amendments include $89,000 towards the Lyford Utility
Undergrounding project, and $42,405 towards the Blackie's Picnic Meadow project. As
amended, the FY 2015-16 CIP program totals $3,357,405.
The following analysis will concentrate on the Operating Budget, which focuses on the Town's
ability to fund and provide the ongoing day-to-day services to the residents and businesses of the
Town.
ANALYSIS
Schedule 1 of the attached statistical information provides the highest summary level of the
Town's Operating Budget. At mid -year, operating revenues are at 45.4% of budget and operating
expenditures are at 49.1 %. It is normal for revenues to lag below the 50% mark mid -year due to
the timing of certain larger revenue sources such as property tax in -lieu of vehicle license fees
and second quarter franchise fees, which are received after December 31. It is also norrnal for
expenditures at mid -year to be near or exceed the 50% mark due to the payment of large, one-
time expenditures early in the fiscal year, such as liability and worker's compensation insurance
premiums and Joint Powers Agreement fees. The adopted Municipal Budget plan called for a
$525,801 operating surplus and at mid -year staff projects the Town will complete FY 2016 with
an operating surplus of approximately $699,199.
Town Council Meeting
Fcbruary 17. 2015
The table below compares the operating budget at mid -year for the current fiscal year and the
prior year.
Operating Budget
Mid -Year Comparison FY 2015 and FY 2014
At mid -year, operating revenue is tracking approximately $21,591 behind last fiscal year. As this
report is prepared on a cash basis, it should be noted that there may be some timing issues in the
receipt of certain revenues that may skew year-to-year actual figures, however staff is not aware
of any significant variances. At mid -year, operating expenditures are tracking approximately
$362,584 greater than last year. Of this increase, over half is due to the Town prepaying our
required unfunded liability payment to Ca1PERS in July as opposed to 12 monthly payments.
Prepaying saves the Town approximately $8,000 in interest expense.
At mid -year General Fund operating revenues are outperforming the prior year by $18,786 or
0.04%. General Fund operating expenditures are $415,311, or 11%, greater than last year at
December 31. This is due to the Ca1PERS prepayment and overall increase in appropriated
expenditures.
Operating Revenue
Schedule 2 of the attached statement provides budget -to -estimate figures for FY 2016 at the
category level of detail. Overall, the revenue forecast for FY 2016 is projected to exceed budget
by $213,398. This increase in operating revenues is due to property taxes, other taxes, and
Intergovernmental and Agency revenue performing better than anticipated at the adoption of the
budget.
Property Taxes are the Town's largest revenue source and include Secured, Unsecured,
Supplemental, Education Revenue Augmentation Funds (ERAF), and Property Tax In -Lieu of
Vehicle License Fees. Secured property taxes account for approximately 69% of total property
revenue. Overall property taxes are projected to exceed budget by $118,648, or approximately
2.4%. Secured property taxes were budgeted to increase 4.0% over FY 2014-15 actual receipts.
Based on the December receipt, it appears secured property taxes will exceed budget by
$130,000. Property Tax in -lieu of Vehicle License Fees increases are tied to the same percentage
increase as secured property taxes and are also projected to exceed budget by $38,000. ERAF
Rebate taxes are projected to be under budget by $50,000, which is due to a budgeting error
rather than an indication of downturn in this revenue source. All other property tax revenue
sources are performing at budget.
Other Taxes include sales, transient occupancy and property transfer taxes and is the Town's
second largest revenue category. Staff is projecting that Other Tax revenue will exceed budget
by $48,500 or 3%. Sales tax receipts are tracking approximately 3% behind last year, but staff
TOW,: OF Dr1'Riw
I'agc 2 of 5
Budget
Actual
% of
Budget
Actual
% of
FY 2016
12/31/15
Budget
FY 2015
12/31/14
Budget
Revenue
$10,602,188
$4,812,673
45.4%
$9,888,889
$4,834,264
48.8%
Expenditures
$10,076,387
$4,947,891
49.1%
$9,699,300
$4,585,307
47.2%
At mid -year, operating revenue is tracking approximately $21,591 behind last fiscal year. As this
report is prepared on a cash basis, it should be noted that there may be some timing issues in the
receipt of certain revenues that may skew year-to-year actual figures, however staff is not aware
of any significant variances. At mid -year, operating expenditures are tracking approximately
$362,584 greater than last year. Of this increase, over half is due to the Town prepaying our
required unfunded liability payment to Ca1PERS in July as opposed to 12 monthly payments.
Prepaying saves the Town approximately $8,000 in interest expense.
At mid -year General Fund operating revenues are outperforming the prior year by $18,786 or
0.04%. General Fund operating expenditures are $415,311, or 11%, greater than last year at
December 31. This is due to the Ca1PERS prepayment and overall increase in appropriated
expenditures.
Operating Revenue
Schedule 2 of the attached statement provides budget -to -estimate figures for FY 2016 at the
category level of detail. Overall, the revenue forecast for FY 2016 is projected to exceed budget
by $213,398. This increase in operating revenues is due to property taxes, other taxes, and
Intergovernmental and Agency revenue performing better than anticipated at the adoption of the
budget.
Property Taxes are the Town's largest revenue source and include Secured, Unsecured,
Supplemental, Education Revenue Augmentation Funds (ERAF), and Property Tax In -Lieu of
Vehicle License Fees. Secured property taxes account for approximately 69% of total property
revenue. Overall property taxes are projected to exceed budget by $118,648, or approximately
2.4%. Secured property taxes were budgeted to increase 4.0% over FY 2014-15 actual receipts.
Based on the December receipt, it appears secured property taxes will exceed budget by
$130,000. Property Tax in -lieu of Vehicle License Fees increases are tied to the same percentage
increase as secured property taxes and are also projected to exceed budget by $38,000. ERAF
Rebate taxes are projected to be under budget by $50,000, which is due to a budgeting error
rather than an indication of downturn in this revenue source. All other property tax revenue
sources are performing at budget.
Other Taxes include sales, transient occupancy and property transfer taxes and is the Town's
second largest revenue category. Staff is projecting that Other Tax revenue will exceed budget
by $48,500 or 3%. Sales tax receipts are tracking approximately 3% behind last year, but staff
TOW,: OF Dr1'Riw
I'agc 2 of 5
"1 --own Council Meeting
February ir. 2015
still anticipates achieving budget projections. Transient Occupancy Tax receipts remain strong
and are tracking 6% ahead of last year, and are projected to exceed budget by $48,500 or 6.8%.
Property transfer taxes are projected to meet budget. All these revenue sources are highly
dependent on the local, state and national economy and normally will be the first affected by any
change in the economy. Staff traditionally takes a conservative approach when projecting these
revenues. Through mid -year, these revenue sources continue to increase, but at a slower pace
than during the past five years.
Franchise Fees include PG&E, cable and refuse collection. PG&E fees are received annually in
April of the fiscal year, so it is too early to determine any variance from budget. Based on
receipts to date all other franchise fees are performing as budgeted.
Fines and Forfeitures include vehicle code, parking, false alarm and building related fines.
Revenues within this category are projected to meet budget.
Investment Earnings include all interest income earned on general funds that are either invested
in money market accounts, with the State Local Agency Investment Fund (LAIF) or loans.
Investment earnings are anticipated to exceed budget by 7%, or $2,750. LAIF interest earnings
are beginning to slowly increase which accounts for the projected increase in investment
earnings.
Intergovernmental and Agency includes miscellaneous reimbursement from local agencies for
fuel purchased at the Town pumps, State reimbursement for police personnel training, and fees
received by the Town for abandoned vehicles, and general grants. The Town has received greater
than anticipated SB 90 revenue for State mandated reimbursements that were suspended during
the recession. Overall Intergovernmental and Agency revenue is projected to exceed budget by
$28,500.
Licenses and Permits is the Town's third largest operating revenue category and includes fees
related to business licenses, building permits, design review, parking permits and several other
small revenue sources. This revenue category is projected to meet budget by fiscal year-end,
even though revenues are at 41.5% at mid -year. This is due to business license renewals which
are not due until after the reporting period. Staff will note that both building permit revenue and
business license fees that are collected at the time a building permit is issued is tracking behind
last year. Staff will continue to monitor these line -item revenues to determine if a trend is
developing in construction activity.
Charges for Services consist of plan checking fees, residential building inspection reports
(RBR), cost recovery for staff time that can be bill to others, and several other small revenue
sources. Overall this revenue category is projected to exceed budget by $15,000, or 4.4%, due to
plan checking and plan storage revenue tracking ahead of budget.
Other Revenue includes rent received for the cellular tower at Town Hall, litigation settlements
and other refunds and reimbursements. This revenue category is performing as budgeted.
Use of Other Fund Sources accounts for restricted revenue sources, other than the general
operating revenues, that are charged directly for certain operating expenditures. At mid -year
these revenue sources are projected to meet budget by fiscal year-end.
TC \v' ('FTim RCN
Pap: of 5
Town Council \•leerin g
February 1.7, 2015
Operating Expenditures
The FY 2016 budget appropriated $10.08 million in operating expenditures. At mid -year,
operating expenditures are at $4.95 million or 49.1 %. Although staff projects overall operating
expenditures to meet budget at year end, the Legal Division is currently projected to exceed
budget by $40,000. In FY 2016, the Town transitioned from in-house counsel to contracting for
legal services. Through the first half of the fiscal year, actual billing for legal services has
exceeded the amount projected for that time period. Staff will continue to closely monitor these
expenditures and work to minimize legal counsel's billable hours during the remainder of the
fiscal year. All other divisions are expected to operate at budget or slightly below. It is
anticipated by the end of the fiscal year, any over expenditure in the Legal Division will be offset
by projected surpluses in other divisions. If this projection does not hold, staff will return to the
Council with a budget amendment for consideration at a later date.
Capital Improvement Program
The municipal budget, as amended, appropriates $3.38 million in Capital Improvement Projects,
which are outlined in Schedule 3 A -C of the exhibit financial statements. At mid -year,
expenditures are well below budget due to the timing of construction projects which normally
take place during the second half of the fiscal year. Staff is projecting that the $400,000
appropriated for the Kayak launch, and the $133,000 for Tiburon Boulevard relinquishment
studies will not be spent in FY 2016.
Capital Equipment and IT Outlay
The adopted budget appropriated $236,635 for the purchase of capital equipment and information
technology equipment. At mid -year expenses are at 52.3% and are expected to be at budget by
the fiscal year end.
Statement of Funding Resources
Schedule 4 of the attached statements provides an overview of activity for each of the various
Town General and Restricted funds.
General Fund Designated Reserves
The Town's policy -restricted General Fund Reserves began the year with $6,130,084 in fund
balance and is projected to end the year with $6,982,113, an increase of $852,029. This increase
in fund balance is due primarily to the projected General Fund operating surplus.
The General Fund Discretionary Set -Asides began the year with $3,212,527 in fund balance and
are projected to end the year with $1,757,392, a decrease of $1,455,135. This decrease is due to
budgeted Capital Improvement projects programmed from these Reserves.
The General Fund Unallocated Reserve began the year with $5,330,919 in fund balance and is
projected to end the year at $4,754,984. This decrease of $575,935 is due to budgeted Capital
Improvement expenditures from this reserve. As noted above, $533,000 in Capital Improvement
Tn v`:OPD131-RON Pagc4of5
Town Council Meeting
February 17, 2015
projects that were appropriated this year with Unallocated Reserves are not projected to go
forward at this time. If the Tiburon Blvd. relinquishment studies and kayak launch projects did
go forward as budgeted, the Unallocated Reserve balance would be further reduced accordingly.
Restricted Fund Reserves
Restricted Funds have legal constraints on their use imposed by outside entities or by legislation
of the Town. The Town began the year with $6,463,165 in Restricted Funds and is projected to
end the year with $5,655,212. This decrease of $807,953 is due to Capital projects budgeted
from these funds.
Summary
Based on mid -year revenue and expenditures, the Town's financial condition continues to be very
strong. Staff projects a General Fund operating surplus of $699,199 at fiscal year-end, an
increase of $173,398 over the adopted budget. Key revenues are performing better than
budgeted, and staff continues to monitor and control operating expenses to stay within budget.
FINANCIAL IMPACT
There is no financial impact in accepting this mid -year budget review.
RECOMMENDATION
Staff recommends that the Town Council accept the Mid -Year Budget Review.
Exhibits: 1. Financial Statements 1-4
Prepared By: Heidi Bigall, Director of Administrative Services
TOWN OFTIM IRON
Page 5 of 5
SCHEDULE 1.
OPERATING BUDGET SUMMARY
Period: July I, 2015 to December 31, 2015
Budget
Adopted
Budget
Revised
Year -To -Date Estimated to Variance Percent of
Dec -31-2015 June -30-2016 (unfavorable) Budget YTD
REVENUES & SOURCES OF FUNDS
General Fund Revenues
Use of Other Fund Sources
8,821,103
1,781,085
8,821,103
1,781,085
3,973,465 9,034,501
839,208 1,781,085
213,398 45.0%
47.1%
Total Revenues
$ 10,602,188 $ 10,602,188 $ 4,812,673 $ 10,815,586 $ 213,398 45.4%
EXPENDITURES
Town Administration
Community Development
Police Department
Public Works
Legislative
Non -Departmental
1,645,966
1,189,034
3,144,563
1,496,985
61,500
2,538,339
1,645,966
1,189,034
3,144,563
1,496,985
61,500
2,538,339
735,762
561,254
1,488,286
718,334
29,342
1,414,913
1,685,966
1,189,034
3,144,563
1,496,985
61,500
2,538,339
(40,000)
44.7%
47.2%
47.3%
48.0%
47.7%
55.7%
Total Expenditures
$ 10,076,387
$ 10,076,387 $
4,947,891 $ 10,116,387 $ (40,000) 49.1%
Total Operating Net
$ 525,801
$ 525,801 $
(135,218) $ 699,199 $ 173,398
Page 1 of 8
SCHEDULE 2.
OVERVIEW OF OPERATING REVENUES & EXPENDITURES
Period: July 1, 2015 to December 31, 2015
Budget Year -to -Date Estimated to Variance Percent of
Adopted Dec -31-2015 June -30-2016 (unfavorable) Budget YTD
REVENUES & SOURCES OF FUNDS
General Fund Revenues
Property Taxes 4,845,153 2,246,896 4,963,801 118,648 46.4%
Other Taxes 1,565,500 700,458 1,614,000 48,500 44.7%
Franchises 690,000 143,419 690,000 - 20.8%
Fines & Forfeitures 144,500 40,297 144,500 - 27.9%
Investment Earnings 37,250 14,144 40,000 2,750 38.0%
Intergovernmental & Agency 101,500 110,091 130,000 28,500 108.5%
Licenses & Permits 975,100 405,943 975,100 - 41.6%
Charges for Services 336,800 224,814 351,800 15,000 66.8%
Other Revenues 125,300 87,403 125,300 69.8%
Subtotal General
8,821,103 3,973,465 9,034,501 213,398 45.0%
Use of Other Fund Sources
Employee Comp Leave Reserve - - 0.0%
Police SLESF/COPS Fund 100,000 63,792 100,000 63.8%
Low/Moderate Housing Fund 33,774 23.270 33,774 68.9%
Long Range Planning Fund 35,000 1,555 35,000 4.4%
Town Owned Housing Fund 78,002 23.270 78,002 29.8%
Peninsula Library JPA Fund 1,517,809 726,980 1,517,809 47.9%
Cypress Hollow LLD 16,500 341 16,500 2.1%
Subtotal Other Fund Sources 1,781,085 839,208 1,781,085 47.1%
Total Revenues & Funds
10,602,188 4,812,673 10,815,586 $ 213,398 45.4%
EXPENDITURES
Town Administrative Services
Administration 1,138,366 523,512 1,138,366 46.0%
Legal Services 255,000 141,216 295,000 (40,000) 55.4%
Town Hall Facility 252,600 71,034 252,600 28.1%
Community Development
Planning & Design Review 532,384 260,214 532,384 48.9%
Building Inspection 621,650 299,485 621,650 - 48.2%
Advanced Planning 35,000 1,555 35,000 4.4%
Police Department
Police Services 3,081,963 1,465,800 3,081,963 47.6%
Police EOC/Facility 62,600 22,486 62,600 35.9%
Public Works
Administration 366,763 181,151 366,763 49.4%
Streets Maintenance 489,122 234,834 489,122 - 48.0%
Parks Maintenance 507,300 246,034 507,300 48.5%
Page2of8
SCHEDULE 2.
OVERVIEW OF OPERATING REVENUES & EXPENDITURES
Period: July 1, 2015 to December 31, 2015
Budget Year -to -Date Estimated to Variance Percent of
Adopted Dec -31-2015 June -30-2016 (unfavorable) Budget YTD
Street & Signal Light System
Corporation Yard
Legislative
Council, Boards/Commissions
40,100 12,238 40,100
93,700 44,077 93,700
61,500 29,342 61,500
Non Departmental
Insurance & JPAs 908,754 639,068 908,754
Town -Owned Housing 78,002 25,595 78,002
Low -Moderate Income Housing 33,774 23,270 33,774
Belvedere -Tiburon Library Agency 1,517,809 726,980 1,517,809
30.5%
47.0%
47.7%
70.3%
32.8%
68.9%
47.9%
Total Expenditures
10,076,387 4,947,891 10,116,387 (40,000) 49.1%
OPERATING NET:
525,801 (135,218)
699,199 173,398
Page 3 of 8
SCHEDULE 3-A.
CAPITAL IMPROVEMENT PROGRAM
STREET IMPROVEMENT PROJECTS
Period: July 1, 2015 to December 31, 2015
1
Project
Annual Street
Improvements
Selected Streets from PMS
Funding Source
Street Impact
Budget _
$ 650,000
Actual YTD
Dec -31-2015
$ -
Estimated to
June -30.2016
$ 650,000
2
Administration,
Engineering
Annual Street
Improvements
Gas Tax
100,000
52,380
100,000
3
Paradise Drive
Roadway Maintenance
Gas Tax
140,000
-
140,000
4
Contingency Provision
Emergency, Non -
Scheduled Repairs
Street Impact
30,000
900
30,000
5
Traffic Calming
Impvts
Annual Allocation
Gas Tax
20,000
1,156
20,000
6
Crosswalk Impvts. @
Ned's Way
Flashing Beacon
Safe Routes to School
25,000
24,923
24,923
7
Crosswalk Impvts. @
Blackfield Dr.
Safe Routes to School
117,000
6,862
117,000
8
Gilmartin Area
Imprvts.
Various Locations
Street Impact
145,000
79603
145000
TOTAL STREET PROJECTS
Page 4of8
$ 1,227,000 $ 165,824 $ 1,226,923
SCHEDULE 3-B.
CAPITAL IMPROVEMENT PROGRAM
DRAINAGE IMPROVEMENT PROJECTS
Period: July 1, 2015 to December 31, 2015
Project
Drainage
Im s rovements
Storm Drain Flushin
Based on Master Plan
Based on Master Plan
Actual YTD Estimated to
Funding Source Budget Dec -31.2015 June -30.2016
General Fund Streets &
Draina:e
Draina•e Im act Fund
$ 500,000
100,000
$ 435,511
26,950
$ 500,000
100,000
TOTAL DRAINAGE PROJECTS
Page 5 of 8
$ 600,000 $ 462,461 $ 600,000
SCHEDULE 3-C.
CAPITAL IMPROVEMENT PROGRAM
COMMUNITY DEVELOPMENT PROJECTS
Period: July 1, 2015 to December 31, 2015
1
Project
Blackie's Pasture Two
Picnic Tables, Grading.
Path Realignment
Funding Source
General Fund Parks,
Measure A Parks,
General Fund
Unallocated
Budget
$ 204,405
Actual YTD
Dec -31-2015
$ 176.982
Estimated to
June -30-2016
204,405
2
Railroad Marsh
Vegetation Removal &
Permits
GF Streets & Drainage
50,000
35,688
35,688
3
Town Hall
Exterior Paint
General Fund
Infrastructure
40.000
-
40,000
4
Curb Ramps/Sidewalk
Various Locations
Gas Tax
19,000
-
19,000
5
Open Space Trail
Impvts.
Hacienda Dr/Rabin Trail
General Fund Parks
125,000
-
125,000
6
Old Rail Trail
Signage
General Fund Parks
7,500
-
7,500
7
Open Space
Vegetation Mgmt.
Annual Program
Measure "A" Parks
26,000
26,000
26,000
8
Town Council
Chambers
Audio//Video
Improvements
Technology Fund
50,000
-
50,000
9
Town Council Project
Set Aside
Undesignated Projects
General Fund
Unallocated
400,000
-
0
10
Blackie's Pasture
Frontage Improvements
General Fund Parks
25,000
11.270
25,000
11
Tennis Court Overlay
Teather Park
Measure "A"
8,000
-
8,000
12
New Waste
Receptacles &
Benches
Various Locations
General Fund Parks
18,000
30,235
30,235
13
Tiburon Blvd.
Relinquishment
Cost/Benefit Analysis
General Fund
45,000
-
0
Downtown
Improvements
Main Street Bollards
General Fund
80,000
10,380
80,000
14
Tiburon Blvd.
Relinquishment
CalTrans PSSR Report
General fund
88,000
-
0
15
Downtown
Improvements
Signage, Misc.
General Fund
Unallocated
7.500
1.256
7,500
16
Congestion
Improvements
School Bus Subsidy
Program
General Fund
250,000
210,008
250,000
TOTAL COMMUNITY PROJECTS
Page 6 of 8
$ 1,443,405 $ 290,555 $ 908,328
SCHEDULE 4.
,•Ls
I Co
= r
LL p N
d
41 is Ul .113 C
O m 3
CL '
rnoo00enc —en
ON t.") 000 to -0—,-1
— — cn 0 0 0 0 cn
O� O\% O vi hi O O
V01 IO r• O - N -D if
69
+".
N
CO
,---. ,-„-.
\Qcn'o00
0enb00v
N ,.(:)., 00 O O •--
t` •--� vD N0 N
c •-- N --0 N
1,757,392
4,754,984
13,494,489
co d
C13C
..=R
0 to
13 m
co .a
7
G LL
r. p
w
CL
a\ O N N
- N 00cn
' ' '00 'N
dN v
ON cn O CO
V;) N �
01
O
NO
1l )
00
O N O
C3
O[�01
' t}' 1 '
u7 d\
d• N 00
c �D
s..... s.....
en
."1
to
'?
1
N
N
�"�
O
T
r-
—
Projected Transfers and
Projected Operating Projected Capital Other Sources In
Revenues Expenses Project Expenses (Out)
9,034,501 8,335,302 - -
90,000 - 122,200
- 206,865
55,000 146,635 50,000 55,400
9,089,501 8,571,937 50,000 384,465
- - 440,000 -
- 325,735 -
73,600 905,000 142,000
1,670,735 142,000
575,935 -
7,270,753 8,571,937 2,296,670 526,465
c
3
LL
'a
c Ili
0 r
Cf N
0
C
�''
R 7
O 00 O O C.1 C.1 VD
0 en 0o 0 \O N 0 d•
0 a, en 0 0 •--- 0
O \O \D. O vi cr O ‘15
0 [� •-- 0 h V' N
N en en 00 0 N.
N
"V
00
O'0
C
en
'ch M ON O O
O. cn N O O
00 ..:t.O --
N .— 00 O N
O •--- °", N 0 N
en — N mR
N
3,212,527
5,330,919
$ 14,673,530
.
ce
LU
CO
CC
G
LL.
a) 0 mia) U)
Q CO +8..co)
aw N R' a) y a) G d
N a cU Q�"
w bz,`- c b E )'
C T
pG
'O U
o, • D. O° N E a) L' °"
`J 0. c Q- Cr C� Z •v� W caa dTio �
Q W a0i aUi cn p ir O o
W ° VY o owa� c7
WF" a. a. Q. C. ay6.-a o
a`� E a� ami
C7rs,CDC1W wOOci -
CA ''--'
.a aa' E c 0
Q V U U G
+i. as 0 N=
d o. a. h tot'
a+ a) to .L as
e s V 0 C
o aai 7- 6 C] T V es
m C4 >, C la p
� EL
�rnE-
aai
3 i cn
ca. aacnri Q
u
K
e7
cv
Total General Fund
Mt
_ = r
LCL 0 N
-a d
t7 C
2 R =
O m =
CL
V1 N 0 VD cn 'rt '0 M — 00 O ' O —
1 VD N O, O+ C=5 00 - ' O C. N O ON M O' O - N EO 0 '0
04' 00 .6 d '/1 cr c7 .O —� Q` M — N O`
Cl — 0 01 — N N N 00 OT — — cn CO et
Cr) N N N N 0
ER ER ER ER ER ER ER ER ER 6s ER ER ER ER ER ER ER ER ER
$ 5,655,212
dd
co =
'rd'
_ =
0 co
cci.3
�UL
0
C
O 00 kr) O O N O o
en O o, N n C\'0 O O Nor) 0iv
' — kr) ' 1 1 O 0 1 en . ' V•1
' en O r.:,
.—N m d' M 00 ' 01
$ (807,953)
-
Projected Transfers and
Projected Operating Projected Capital Other Sources In
Revenues Expenses Project Expenses (Out)
1,517,809 1,517,809
16,835 16,500 - -
1,000
103,800 78,002 -
2,250 33,774 - -
475 - - -
100,000 100,000 - -
200,000 155,805 -
91,000 - 55,439 -
56,000 56,000
15,000 100,000
32,000 35,000 - -
325 - - -
450 - - -
325,000 - 1,121,568 -
$ 2,461,944 $ 1,781,085 $ 1,488,812 1 $ -
N
= 0 e—
LL N N
'a V •
4)e=4 7
MI A
Q CO
0 N 00 0 00 0 0 'n 0 M— CO 0 O> >D 0 D\
c. -)N O— N- )--00 N O VI Ni 'r) CO 0 M M d'
' 4.1 — '4'f VO ' 00 VO 0 N el, G) 0 --et N 0 N
N —.VD M6 M M1/44:5' eh �D N to - to N kD
N ON rn 0' N 0. '/1 N 00 N- N — en 00 -It
N N— — N -- et
ER ER ER ER
In
0D
'---
M
'D
d
ER
W
w
CO
LL
C c y C O Y
N -0 N v
C y '0 ate) CR Li O C op
C 0A 0 •b 0ur � o., c ^ O
C w 2• C C E) 0- Q V cd 0 G Q.
cl)
Nat 2, .a Q o 'I.Q .cc,":-- E 4) yWCZ =. Q 0 Q.
E■ 3 3"= f U w s0. 0 >> c C c o
c/] .D o '" b i Q —J x COi . , r .= OD A 0 .0 to i
gy O Q G O 0 la. f—' 0 = 0 •." " O cC c� tit i
i X 3� w 0 U C ra c. In 5: E ea
W °v' c �3 c,, ,. , c c, 0 0 0 0 0 5 0 0
"� > 0. • c: 3 3 N «. t- = 0 0 0 D 0 0 0 O
F 0) >, a) 0 0 Q. O 0 c0 O ,rn an .fl .0 .9 .D .O
OulL)=E-'a Do-ctO OPE-E-E-E-,E- HE=
Total Restricted Funds
TOWN OF TIBURON
;...., 1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
February 17, 2016
Agenda Item: Cc
STAFF REPORT
To:
From:
Mayor and Members of the Town Council
Office of the Town Attorney
Subject: Recommendation to Execute Settlement Agreement between Union Pacific
Railroad Company and the Town of Tiburon
Reviewed By:
BACKGROUND
In 2013, the Town received a claim from Union Pacific Railroad Company ("UP") alleging
damages in the form of soil contamination at the Stege Pistol Range allegedly caused, in part, by
the Town's past use of the site. Several public entities throughout the Bay Area received similar
claims from UP. The Town joined with other Bay Area cities and engaged in protracted
negotiations with UP to settle these claims, and a global settlement between UP and the involved
Bay Area cities was reached in September 2015. Each city's portion of this global settlement has
been determined based on that city's size and history of use of the pistol range facility, with
payments ranging from $21,818 to $46,363. The Town's share of the settlement payment is the
lowest at $21,818. In the proposed Settlement Agreement between the parties, the Town has
agreed to pay UP a total of $21,818 in exchange for a full release and settlement of all claims.
If this Settlement Agreement is approved by the Council, payment of the $21,818 will be
submitted to UP within 30 days of execution of the Settlement Agreement.
RECOMMENDATION
Staff recommends that the Town Council:
Authorize the Town Manager to execute the Release and Settlement Agreement between Union
Pacific Railroad Company ("UP") and the Town of Tiburon ("Town") which resolves all present
and future property damage claims related to alleged contamination of the Stege Pistol Range
resulting from the Town's past use of the site.
Exhibit:
Prepared By:
Release and Settlement Agreement between Union Pacific Railroad Company and the
Town of Tiburon
Benjamin Stock, Town Attorney
TOWN OF TIBURON PAGE 1 OF 1
RELEASE AND SETTLEMENT AGREEMENT
This Release and Settlement Agreement (hereinafter "Settlement Agreement") is made
and entered into by and between the Town of Tiburon (hereinafter referred to as the "Settling
Party") and Union Pacific Railroad Company, a Delaware corporation ("UP") (referred to
hereinafter collectively as the "Parties" and individually each as a "Party") as of the date of the
last signature below ("Effective Date").
WHEREAS, UP is the current owner of certain real property commonly known as the
former Stege Pistol Range in Richmond, California, as more specifically identified in the map
attached hereto as Exhibit A (the "Range");
WHEREAS, UP has asserted that Settling Party and other public and private entities
used the Range for target practice from approximately the early 1980s to 1997 (collectively the
"Range Users");
WHEREAS, pursuant to the direction of the California Department of Toxic Substances
Control ("DTSC"), UP, through its consultants, has investigated and monitored environmental
contamination at the Range, including, but not limited to, lead contamination, and any other soil
and/or groundwater contamination at, under, in or migrating from the Range that is: (1) related to
or caused by any substance, product, waste or other material of any nature whatsoever which is
or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental
Response Compensation and Liability Act, 42 U.S.C. section 9601, et seq., ("CERCLA"); the
Hazardous Materials Transportation Act, 49 U.S.C. section 1801, et seq.; the Resource
Conservation and Recovery Act, 42 U.S.C. section 6901, et seq. ("RCRA"); the Toxic
Substances Control Act, 15 U.S.C. section 2601, et seq.; the Clean Water Act, 33 U.S.C. section
1
1251, et seq.; the California Hazardous Waste Control Act, Health and Safety Code section
25100, et seq.; the California Hazardous Substance Account Act, Health and Safety Code section
25300, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and
Safety Code section 25249.5, et seq.; California Health and Safety Code section 25280, et seq.
(Underground Storage of Hazardous Substances); the California Hazardous Waste Management
Act, Health and Safety Code section 25500, et seq. (Hazardous Materials Release Response
Plans and Inventory); or the Porter Cologne Water Quality Control Act, California Water Code
section 13000, et seq.; all as amended; or any other federal, state or local statute, law, ordinance,
resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or
standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material,
as now or at any time hereafter in effect; (2) any substance, product, waste or other material of
any nature whatsoever which may give rise to liability under any of the above statutes or under
any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or
strict liability or under any reported decisions of a state or federal court; (3) petroleum and its
fractions, crude oil, and other petroleum products; and (4) radioactive materials including
naturally occurring radioactive materials, (collectively the "Contamination");
WHEREAS, UP has conducted a remedial investigation and prepared a feasibility study
for the remediation and/or removal of the Contamination which is set forth in the Remedial
Action Work Plan (the "RAW") that has been made available for public comment on or about
January 2, 2013;
WHEREAS, UP completed the performance of the RAW and on February 12, 2015,
DTSC approved and certified that the work has been completed;
2
WHEREAS, UP has claimed that Settling Party is liable to UP for the past and future
costs of investigating and remediating the Range and has demanded, inter alia, that Settling
Party indemnify UP for its past and future costs; and
WHEREAS, UP and Settling Party have reached a resolution of such claims and
demands as provided below.
NOW THEREFORE, with the acknowledgment that this Settlement Agreement has
been negotiated in good faith, and in recognition of the obligations, covenants and other good
and valuable consideration contained herein, the Parties agree as follows:
SECTION I. PARTIES BOUND
1.0 This Settlement Agreement applies to, is binding upon, and shall inure solely to
the benefit of the Parties, the Settling Party's police department and their predecessors and
successors.
SECTION II. PAYMENT OF CASH
2.0 No later than 30 days from the Effective Date, Settling Party shall make a
payment of Twenty One Thousand Eight Hundred Eighteen Dollars ($21,818) by wire transfer
(with instructions to be provided by Greenberg Glusker upon request), or by delivery of a
check to the office of Greenberg Glusker at 1900 Avenue of the Stars, Suite 2100, Los
Angeles, CA 90067, payable to Greenberg Glusker Fields Claman & Machtinger LLP Client
Trust Account.
3
SECTION III. REMEDIATION
3.0 UP shall continue to perform all investigation and monitoring of the
Contamination at the Range (including, but not limited to, any contamination of soil, soil
vapor, or groundwater, relating to, arising from or emanating from, the Contamination on the
Range) and any investigation, remediation or removal and related activities (including, without
limitation, the performance of the RAW and any changes or amendments thereto) required by
DTSC or any other agency which has jurisdiction with respect to the Contamination at the
Range (the "Agencies") in order to obtain a "No Further Action" letter(s) (or its equivalent) for
the Range from DTSC, or other Agencies (all such work shall be referred to collectively as
"Remediation Work"). UP shall also perform all monitoring, post -closure maintenance or any
additional investigations or remediation that may be required by the Agencies in the No
Further Action letter(s) or in any subsequent notification(s) with respect to the Contamination
at the Range at any time and for any reason ("Post -Closure Work"). For purposes of this
Agreement, all Remediation Work and Post -Closure Work shall be referred to herein as
"Response Action." Nothing herein shall affect UP's rights and remedies to recover its past
and future costs in performing the Response Action from parties not bound by this Agreement.
SECTION IV. RELEASES AND COVENANTS NOT TO SUE
4.0 In consideration of the receipt of the settlement payment in Section 2.0 and
other Settling Party obligations herein, UP hereby releases, discharges and covenants not to sue
Settling Party from, against and for any claim, cause of action, damages, costs, attorneys' fees,
fines or penalties in connection with, or arising, in any way, out of (1) the Response Action or
any other investigation, assessment, remediation, or removal in connection with the
4
Contamination and/or the Range, including but not limited to, any past or future response costs
in connection with same; (2) any diminution in value or loss of use related to the
Contamination; and (3) any alleged bodily injury or property damage arising from or related to
the Response Action and/or exposure to the Contamination that takes place at the Range.
Settling Party understands and agrees that this release does not include a release of any
contractual duty or obligation assumed under this Settlement Agreement. This release does not
apply to any claims for bodily injury or property damage asserted by third parties based on
exposure to the Contamination that takes place off of the Range.
4.1 In further consideration of the receipt of the settlement payment in Section 2.0
and other Settling Party obligations herein, UP shall indemnify and defend Settling Party (1)
from any lawsuit or order asserted by Agencies seeking to recover response costs and/or
requiring Settling Party to undertake a Response Action that arises out of the Contamination at
the Range; and (2) from and against any lawsuit or cross-claim for contribution, indemnity,
response costs, nuisance, trespass, negligence (or any other property damage claim), injunctive
or declaratory relief brought against Settling Party in connection with the Response Action
("Cross -Claim"). UP's obligation to indemnify and defend a lawsuit, order or Cross -Claim
under this paragraph shall only be triggered by the actual filing of a lawsuit, Cross -Claim or
issuance of an order, and shall not cover any internal costs of Settling Party arising from said
lawsuit, Cross -Claim or order. Settling Party's defense shall be provided by counsel selected
by UP. As a condition precedent to UP's obligations under this paragraph, Settling Party must
provide written notice within ten (10) days of actual notice, receipt or service (whichever is
sooner) of any lawsuit or Cross -Claim and twenty (20) days of actual notice of any order. UP
shall have no obligation for any costs or obligations incurred by Settling Party in response to a
5
Cross -Claim, order or lawsuit without the written consent of UP. This indemnity shall not
apply to any third -party claims, demands or lawsuits for bodily injury.
4.2 In consideration of UP's obligations herein, Settling Party hereby releases,
discharges and covenants not to sue UP, its employees, agents, predecessors, successors and
assigns, other Range Users, or any other parties responsible for or liable for the Contamination
at the Range (except for Settling Party's insurers), from, against and for any claim (including
subrogation claims), loss, liability or damages relating to (1) any lawsuit or order asserted by
Agencies seeking to recover response costs and/or requiring Settling Party to undertake a
Response Action that arises out of the Contamination at the Range; (2) any lawsuit or cross-
claim for contribution, indemnity, response costs, nuisance, trespass (or any other property
damage claim), injunctive or declaratory relief brought against Settling Party in connection
with the Response Action; and, (3) Settling Party's payment of cash under Section 2.0.. UP
understands and agrees that this release does not include a release of any contractual duty or
obligation assumed under this Settlement Agreement. With the exception of any claim relating
to Settling Party's payment of cash under Section 2.0, which is covered by this release, UP
further understands and agrees that Settling Party will not release, does not release, and this
release does not apply to, any claim, cause of action, damages, costs, attorneys' fee, fines or
penalties that is/are not covered by UP's indemnity obligations in Section 4.1. This release
does not apply to any third -party claims, demands or lawsuits for bodily injury.
4.3 Settling Party and UP agree to reasonably cooperate with one another should
UP seek a judicial determination that this Settlement Agreement was entered into in good faith
and constituted a fair share payment in any litigation wherein UP seeks contribution protection
6
for Settling Party, a good faith settlement determination, a fair share determination or similar
procedure for protection against a Cross -Claim.
4.4 The Parties understand and agree that this Settlement Agreement is a full and
final release applying to all unknown, unsuspected, unasserted and unanticipated claims,
liabilities, losses, demands, rights or causes of action with respect to the matters released
above. The Parties warrant that each explicitly took this into account in determining the
consideration for the giving of this release, and a portion of said consideration, having been
bargained for between the Parties with the knowledge of the possibility of such unknown,
unsuspected, unasserted and unanticipated claims, was given in exchange for a full accord,
satisfaction and discharge of all such claims. The Parties expressly waive all rights under
California Civil Code section 1542 which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.
SECTION V. NO ADMISSIONS
5.0 Entering into this Settlement Agreement, and any conduct of any Party in
executing and implementing the terms of this Settlement Agreement, shall not constitute or be
used as evidence of any admission of liability on any issue of fact or law or any admission of
fact or law by any Party or by any other person or entity not a Party, except as to the
obligations expressly assumed herein. This Settlement Agreement may not be used in any
fashion or be admitted as evidence in any subsequent legal proceeding, except that this
Settlement Agreement may be used as evidence against a Party in a legal proceeding brought
7
by another Party to enforce the terms of and the obligations and responsibilities contained in
this Settlement Agreement.
SECTION VI. NO MODIFICATION
6.0 No modification shall be made to this Settlement Agreement unless in writing
and executed by all Parties.
SECTION VII. ENTIRE AGREEMENT
7.0 This Settlement Agreement constitutes the entire understanding of the Parties
with respect to this Settlement Agreement's subject matter and supersedes any and all other
agreements and negotiations, whether oral or in writing, with respect to this Settlement
Agreement's subject matter.
SECTION VIII. NO THIRD PARTY BENEFICIARIES
8.0 Except as provided in Section 1.0, this Settlement Agreement is not intended to
confer rights, benefits or obligations upon any person or entity except the Parties herein.
SECTION IX. CHOICE OF LAW AND DISPUTE RESOLUTION
9.0 This Settlement Agreement shall be governed and construed in accordance with
the substantive laws of the State of California without reference to principles of conflicts of
law.
8
SECTION X. NO ASSIGNMENT
10.0 Each of the Parties has entered into this Settlement Agreement in reliance on the
ability of the other Parties to carry out the obligations herein. Accordingly, the obligations
under this Settlement Agreement may not be assigned or transferred without the written
consent of the other Party which may be withheld in that Party's sole and absolute discretion.
SECTION XI. COUNTERPARTS
11.0 This Settlement Agreement may be executed in any number of counterparts,
each of which when so executed and delivered shall be deemed to be an original and all of
which together shall constitute one and the same instrument. When signed, the Parties shall
serve signature pages on all other Parties by overnight mail, Federal Express overnight or
equivalent service.
SECTION XII. WARRANTY
12.0 Each of the Parties hereby warrants and declares that this Settlement Agreement
is executed and delivered voluntarily, without any duress of any type or nature whatsoever,
whether economic or otherwise, or undue influence or misrepresentation by any of the Parties,
their agents or attorney. Each of the Parties and signatories to this Settlement Agreement
warrant that they have the requisite authority to execute this Settlement Agreement and bind
the Parties on whose behalf they are signing. Each of the Parties agrees that this Settlement
Agreement is supported by contemporaneous, fair and legally sufficient consideration,
including, without limitation, the forbearance of legal rights and remedies, compromise of
claims, releases, indemnities, and covenants contained herein.
9
SECTION XIII. ADVICE OF COUNSEL
13.0 The Parties acknowledge that they have (a) had an equal role in drafting this
Settlement Agreement, (b) read each of the provisions of this Settlement Agreement and
understand the same, and (c) signed this Settlement Agreement of their own volition based
upon the explicit advice of their counsel. Because each of the Parties has participated in
drafting this Settlement Agreement, there shall be no presumptions in interpretation and
construction against any Party on the ground that such Party was responsible for preparing the
Settlement Agreement or any part of it.
IN WITNESS WHEREOF, the Parties enter into this Settlement Agreement. Each
person signing this Settlement Agreement represents and warrants that he or she has been duly
authorized to enter into this Settlement Agreement by the Party on whose behalf it is indicated
that the person is signing.
UNION PACIFIC RAILROAD TOWN OF TIBURON
COMPANY
Greg Chanis, Town Manager
Dated: Dated:
Approved as to Form:
Benjamin Stock, Town Attorney
Dated:
10
Form'
San Francisco
Bay
Source;`Esri; i -cubed, USDA USES AEX, GeoEye, C�etmapping,
‘'.`Aerogrid IGN,.IGP and tps,rps^tjserCommunity :c
LEGEND
n Former Pistol Range
0 950 700
I I I
Feet
VICINITY MAP
1•'otreroAvc-3l
u2) 123
189 .c
El Cerrito �.�C'�
N,nee
\9s�
Project Area
1t.AYie e�';;;:l;
laza-
Sources: E�Sri,- DeLorrrre;
NAVTEQ, TornTom, Intermap,
increment P Cop., GEbiCO,
Pistol Range Location Map
LINKIIZINFANDELIPROJIUNIONPACIFICRAILROAD12A0167RICHMOND10 0 LABORATORY DATA \GIS1MAPFILES120121FIG 1-1_BLAIRSOLO.MXD ECLARK1 3/22/2013 9 18 06 AM
EXHIBIT A
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
February 17, 2016
Agenda Item: 41-
STAFF REPORT
To:
From:
Mayor & Members of the Town Council
Community Development Department
Subject: Review of Leaf Blower/Hedge Trimmer Regulations; Title VI, Chapter
30 of the Tiburon Municipal Code
G
Reviewed by: -1 ( •
BACKGROUND
At its meeting of September 16, 2015, members of the Town Council requested the Town hold a
review of its leaf blower regulations, and the Council directed staff to return with the item at a
future meeting (see minutes attached as Exhibit 1).
ANALYSIS
The Town first adopted leaf blower regulations in 1995, codified as Chapter 30 of the Tiburon
Municipal Code (Leaf Blowers and Hedge Trimmers). Chapter 30 was revised and amended in
2010. The current regulations are attached as Exhibit 2. The Town also publishes a summary
chart of the leaf blower regulations in the English and Spanish languages (see Exhibit 3).
Adoption of the leaf blower regulations initially took place after significant public interest was
expressed in regulating these potentially noisy devices, especially in residential areas. The
regulations make distinctions between "residential" and "non-residential areas", between gas -
powered and electric -powered devices, and between allowable days and hours of use. All use is
prohibited on identified holidays. Public agencies are exempt from the regulations for emergency
purposes and for park and public right-of-way maintenance.
RECOMMENDATION
Staff recommends the Town Council:
1. Hear any public comment on this item.
2. Review and discuss the regulations and provide direction to staff.
Any suggested amendments to the Municipal Code regulations would require a separate public
hearing before the Town Council at a future date.
Town Council Meeting
February 17, 2016
EXHIBITS
1. Excerpt of Town Council minutes of September 16, 2015.
2. Municipal Code Chapter 30 (Leaf Blowers and Hedge Trimmers).
3. Summary Chart of Leaf Blower Regulations.
Prepared by: Scott Anderson, Director of Community Development,4/—
TOWN
TOW N of Tr BURON Page 2 of
Councilmember Fraser questioned the increase in the Residential Building Report (RBR) fines
and felt it sent a bad message by changing it from $1,000 per residence to increasing it to $500
per day. He noted other communities have moved away from requiring an RBR.
A brief discussion ensued and Councilmember O'Donnell favored the higher fine to encourage
compliance with the law rather than allow someone to potentially pay $1,000 and not do an
RBR. In response to a query by Councilmember O'Donnell, Director Anderson stated that
violations for work without a permit are typically issued a stop -work order under Chapter 13 of
the Municipal Code.
Councilmember O'Donnell noted his pet peeve was the "electric leaf blower" regulations, which
didn't apply to the Town's Public Works department and/or their use in commercial areas.
Councilmember Tollini agreed the "leaf blower" regulations needed to be revisited. Town
Manager Curran responded that the matter would be placed on a Council agenda for review at a
future date.
MOTION: To adopt A Resolution of the Town Council of the Town of Tiburon Superseding
Resolution No. 45-2011 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
Moved/Seconded:
Vote: AYES:
NAYS:
ABSENT:
PUBLIC HEARING
1.
O'Donnell/Tollini
O'Donnell, Tollini, Doyle
Fraser
Fredericks
1694-1696 Tiburon Boulevard - Appeal of Conditional Use Permit Approval for
Construction of a New Three -Story Mixed -Use Commercial and Residential Building
Intended for Condominium -type Ownership (Community Development Department)
Owners:
Applicant:
Appellant:
A.P. No:
ACV Argo Tiburon LP
Zwick Architects
Jim Mantegani
059-101-12
Community Development Director Anderson reviewed the written staff report, providing a
description of the project, a summary of the project's processing history and deliberations of the
Planning Commission, a summary of the grounds contained in the appeal and the staff response,
and a recommendation to hold a public hearing and consider the appeal.
Town Council Minutes #18-2015 September 16, 2015 Page 3
Chapter 30
LEAF BLOWERS AND HEDGE
TRIMMERS*
Sections:
30-1 Title.
30-2 Purpose and intent.
30-3 Definitions.
30-4 Use Restricted.
30-5 Exemptions.
30-6 Enforcement and violations.
30-1 Title.
This chapter shall be known as the "Town of
Tiburon Leaf Blower and Hedge Trimmer Ordi-
nance" and may be so cited.
(Ord. No. 518 N.S., § 3, 1-20-2010)
30-2 Purpose and intent.
(a) The purpose of this chapter is to regulate
the use of leaf blowers and nonmanually-powered
hedge trimmers within the town, so as to prevent
the unreasonable and continuous disruption of
the community due to associated mechanical noise
and the propensity of the devices to broadcast
dust and other airborne pollutants into the air and
onto nearby properties.
(b) Residential areas are being distinguished
from other areas of the town because of the spe-
cial maintenance needs for commercial and other
public areas, and the particular sensitivity of resi-
dential uses to the impacts and effects resulting
from the use of leaf blowers and nonmanually-
powered hedge trimmers.
(Ord. No. 518 N.S., § 3, 1-20-2010)
30-3 Definitions.
For the purposes of this chapter, the terms in
this section shall have the following meaning:
"Electrically -powered hedge trimmer" means
any hedge trimmer powered by electric means,
including, but not limited to, cordless, recharge-
able hedge trimmers.
* Ord. No. 518 N.S., §§ 2, 3, adopted Jan. 20, 2010, repealed the
former Tit. VI, Ch. 30 and enacted a new Tit. VI, Ch. 30 as set out
herein. The former Tit. VI, Ch. 30 pertained to similar subject
matter and derived From Ord. 415 N.S.; Ord. No. 471 N.S., § 2(part).
255
30-4
"Electrically -powered leaf blower" means any
leaf blower, leaf vacuum or other leaf -gathering
device powered by electric means, including, but
not limited to, cordless, rechargeable leaf blowers.
"Gas -powered hedge trimmer" means any
hedge trimmer directly powered by an internal
combustion or rotary engine using gasoline, alco-
hol or other liquid or gaseous fuel. Electrically -
powered hedge trimmers are not included in this
definition.
"Gas -powered leaf blower" means any leaf
blower, leaf vacuum or other leaf -gathering device
directly powered by an internal combustion or
rotary engine using gasoline, alcohol or other liq-
uid or gaseous fuel. Lawn mowers, lawn edgers,
and electrically -powered leaf blowers are not in-
cluded in this definition.
"Nonresidential area" means any area other
than a "residential area", as defined herein.
"Residential area" means any parcel of land
where the primary use of the property is for resi-
dential purposes (such as a single-family resi-
dence, duplex, apartment building or other form
of residential structure). Street areas, up to the
centerline of the street, directly in front of prop-
erties used for residential purposes are also con-
sidered residential areas for the purposes of this
chapter. No parcel with a mixture of residential
and commercial uses shall be considered as a res-
idential area for purposes of this chapter.
(Ord. No. 518 N.S., § 3, 1-20-2010)
30-4 Use Restricted.
(a) In any residential area:
(1) It is unlawful for any property owner or
employee, agent or contractor working for a prop-
erty owner to operate or authorize the operation
of any:
a. Gas -powered leaf blower to blow leaves,
dirt or other debris off sidewalks, driveways, lawns
or other surfaces at any time within any residential
area; and
b. Gas -powered leaf blower to collect leaves,
dirt or other debris from sidewalks, driveways,
lawns or other surfaces at any time within any
residential area.
(Tiburon Supp. No. 11, 2-10)
`7E7EIT NO.
30-4
(2) It is unlawful for any property owner or
employee, agent or contractor working for a prop-
erty owner to operate or authorize the operation
of any gas -powered hedge trimmer to trim, prune
or otherwise maintain landscaping at any time
within any residential area.
(3) It is unlawful for any property owner or
employee, agent or contractor working for a prop-
erty owner to operate or authorize the operation
of any electrically -powered leaf blower or any
electrically -powered hedge trimmer within any res-
idential area except between the hours of nine
a.m. and four p.m. No use of these devices is
allowed on the following holidays: New Year's
Day, Martin Luther King Day, President's Day,
Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day.
(b) In any nonresidential area:
(1) It is unlawful for any property owner or
employee, agent or contractor working for a prop-
erty owner to operate or authorize the operation
of any leaf blower within any nonresidential area
except between the hours of nine a.m. and four
p.m. No use of any leaf blower shall be allowed on
any Saturday, on any Sunday or on any of the
following holidays: New Year's Day, Martin Luther
King Day, President's Day, Memorial Day, Inde-
pendence Day, Labor Day, Thanksgiving Day, and
Christmas Day.
(2) It is unlawful for any property owner or
employee, agent or contractor working for a prop-
erty owner to operate or authorize the operation
of any electrically -powered hedge trimmer within
any nonresidential area except between the hours
of nine a.m. and four p.m. No use of electrically -
powered hedge trimmers in any nonresidential area
shall be allowed on any Saturday, on any Sunday
or on any of the following holidays: New Year's
Day, Martin Luther King Day, President's Day,
Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day.
(Ord. No. 518 N.S., § 3, 1-20-2010)
(Tiburon Supp. Na. 11, 2-10)
30-5 Exemptions.
Use of leaf blowers and/or hedge trimmers by
public agency employees for emergencies or for
park or public right-of-way maintenance is ex-
empted from regulations of this chapter.
(Ord. No. 518 N.S., § 3, 1-20-2010)
30-6 Enforcement and violations.
(a) Violations of this chapter will be subject
to an administrative enforcement process under
title VI, chapter 31 of this Code that may include a
citation assessing a monetary fine not to exceed
two hundred fifty dollars and/or a verbal or writ-
ten cease and desist warning from town officials.
The town council may adjust the monetary fine
amount for violations from time to time by reso-
lution.
(b) Any property owner or employee, agent
or contractor working for a property owner who
violates this chapter may also be considered guilty
of an infraction, and each day such violation is
committed or permitted to continue shall consti-
tute a separate offense and shall be punishable as
such. Such infraction shall be punishable by a
monetary fine not to exceed two hundred fifty
dollars. The town council may adjust the mone-
tary fine amount for violations from time to time
by resolution.
(Ord. No. 518 N.S., § 3, 1-20-2010)
256
TOWN OF TIBURON
LEAF BLOWER AND HEDGE TRIMMER
SUMMARY OF REGULATIONS
(Pursuant to Title V, Chapter 30, Tiburon Municipal Code)
Tvoe of Device
In a Residential Area
In a Non-residential Area
Gas -Powered Leaf Blowers
Use prohibited at all times
Use allowed only between
9 a.m. and 4 p.m. Monday
through Friday; use
prohibited on Holidays
Electrically -Powered Leaf Blowers
Use allowed only between 9
a.m. and 4 p.m. on any day;
use prohibited on Holidays
Use allowed only between
9 a.m. and 4 p.m. Monday
through Friday; use
prohibited on Holidays'
Gas -Powered Hedge Trimmers
Use prohibited at all times
Use allowed only between
9 a.m. and 4 p.m. Monday
through Friday; use
prohibited on Holidays
Electrically -Powered Hedge Trimmers
Use allowed only between 9
a.m. and 4 p.m. on any day;
use prohibited on Holidays
Use allowed only between
9 a.m. and 4 p.m. Monday
through Friday; use
prohibited on Holidays*
Holidays are New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, and Christmas Day.
S:1Inter Dept\Ordinances\leaf blower use chart 2010.doc
r -IIB. T INTO.3
g 0
AWS
go
WOW o
Axaa
W M
AAy
g V
ocA
21)
a
o
Para Zonas Comerciales
Para Zonas Residenciales
ca
A
eels
a)
"0
CC
..r
0
E
_
a)
u
a)
0
x
as • �
a'
L 0
u
A a>
o
o �
_
o A
0 o
o
U
'a
� C
y �
• TA
• .r
as