The URL can be used to link to this page

Home My WebLink AboutTC Agd Pkt 2006-01-04 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. TIMING OF ITEMS ON AGENDA 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). PUBLIC HEARINGS 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. 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. AVAilABILITY OF INFORMATION 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. ASSISTANCE FOR PEOPLE WITH DISABILITIES January 4, 2006 6:15 P.M. - Closed Session 7:30 P.M. - Regular Meeting TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 3. Approval of Town Council Minutes - December 15, 2005 2. Approval of Town Council Minutes - December 7, 2005 1. Approval of Town Council Minutes - November 30, 2005 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 public, staff or Town Council that an item be transferred to the Regular Agenda for separate discussion and consideration. Likewise, any item on the Regular Agenda may be moved to the Consent Calendar. If you would like to speak on any of these items on the Consent Calendar below, please do so now. CONSENT CALENDAR Persons wishing to address the Town Council on any subject not on the agenda may do so now. Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration andlor placed on a future Town Council meeting agenda. Please limit vour comments to no more than three (3) minutes. ORAL COMMUNICATIONS ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Councilmember Berger, Councilmember Fredericks, Councilmember Slavitz, Vice Mayor Gram, Mayor Smith CALL TO ORDER AND ROLL CALL Initiation of Litigation - One Case CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9(c)) Threatened Litigation by County of Marin CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION (Section 54956.9(b)) Town of Tiburon v. Sylvia Bonander v. Town of Tiburon CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) CLOSED SESSION AGENDA Agenda - Town Council Meeting January 4, 2006 Page 2 of 4 Town Council Weekly Digest - December 23, 2005 Town Council Weekly Digest - December 16, 2005 Town Council Weekly Digest - December 9, 2005 WRITTEN COMMUNICATIONS COUNCIL AND COMMITTEE REPORTS a) A Resolution of the Town Council of the Town of Tiburon Certifying the Final Environmental Impact Report (FEIR) For the Ling Residential Development (PD#24) Assessor Parcel No. 055-261-10 11. Recommendation by Planning Manager - Adopt FEIR for Proposed Five Lot Residential Development (Ling Precise Development Plan) located at the end of Stony Hill Road; AP No. 055-261-10 a) A Resolution of the Town Council of the Town of Tiburon of Intention to Make Acquisitions and Improvements Town of Tiburon - Ly10rd Cove Utility Undergrounding Supplemental Assessment District 10. Recommendation by Interim Director of Public Works and Project Coordinator - Consider Actions Pertaining to Formation of Ly10rd Cove Utility Undergrounding Supplemental Assessment District PUBLIC HEARING 9. Report by Interim Director of Public Works - Pavement Management Update 8. Recommendation by Director of Community Development - Adopt Annual Fee Reports a) Annual Reporting of Development Project Fees b) Housing In-Lieu Fee Report and Findings 7. Recommendation by Mayor - Town Councilmember Committee Appointments 6. Recommendation by Town Clerk - Announcement of Pending Vacancies on Town Boards, Commissions and Committees REGULAR AGENDA a) A Resolution of the Town Council of the Town of Tiburon Adopting the Disadvantaged Business Enterprise Annual Overall Goal for 2005-06 5. Recommendation by Interim Director of Public Works - Adopt Disadvantaged Business Enterprise (DBE) Program 4. Recommendation by Director of Administrative Services - Accept Town Monthly Investment Summary - November 2005 Agenda - Town Council Meeting January 4, 2006 Page 3 of 4 . Accept Annual Town Audit Report FY 2004-05 - (January 18) . Reallocation of Reserves FY 2005-06 - (January 18) . Disaster Preparedness Presentation by Dr. Tom Cromwell- (January 18) . Appeal by Abraham Valentino of fines for expired building permit - (January 18) . Sam Chapman Statue Presentation - (January 18) . Funding and Schedule for Friday Nights on Main - (January 18) . Del Mar Valley Utility Undergrounding District Plans & Specifications - (January 18) . Appeal of Design Review Board Approval of Variances for Lot Coverage and FAR at 2 Audrey Court (Tyler Phillips, Applicant; Michael & Kathleen King, Appellants) - (February 1) . Adoption of Revised Records Retention Schedule - (February 1) . Recognition of Outgoing and Past Town Commissioners - (February 1) . Interviews for Vacancies on Town Boards, Commissions & Committees - (February) . Award of Contract and Budget Amendment for Organizational and Operational Review of the Belvedere- Tiburon Jt. Recreation Department . Consideration of new Light Standards on Tiburon Boulevard FUTURE AGENDA ITEMS - Note: These items are tentative until thev aDDear on the final aoenda ADJOURNMENT Agenda - Town Council Meeting January 4, 2006 Page 4 of 4 Acknowledgment: This summary report accurately reflects all pooled investments of the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity with State laws and the Investment Policy adopted by the Town Council. The investment program herein summarized provides sufficient cash flow liquidity to meet next month's estimated expenditures. State of California Local Agency Investment Fund (LAIF): The interest rate represents the effective yield for the month referenced above. The State of California generally distributes investment data reports in the third week following the month ended. Notesto Table Information: State of California Local Agency $938,790.02 3.636% Liquid Investment Fund (LAIF) T otallnvested: $938,790.02 Maturity Investment Institution! Agency Amount Interest Rate TIBURON REDEVELOPMENT AGENCY State of California Local Agency $18,690,823.29 3.636% Liquid Investment Fund (LAIF) Total Invested: $18,690,823.29 a Maturity Amount Interest Rate Investment TOWN OF TIBURON Institution! Agency . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . REVIEWED BY: MEETING DATE: January 4, 2006 Mayor and Members of the Town Council Heidi Bi9all, Director of Administrative Services ~ Monthly Investment Summary - November 2005 SUBJECT: FROM: TO: . . . .. . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . AGENDA ITEM ~ Town of Tiburon STAFF REPORT In order for the Town to receive these funds, the Disadvantaged Business Enterprise Annual Overall Goal must be adopted by the Town Council. The adoption of the Overall Annual Goal is a requirement of the US Dept of Transportation for those jurisdictions who elect to apply for and receive Federal funds for road improvements. Currently, the Town is in the process of applying for funding for the Pine Terrace Bicycle and Pedestrian path improvements ($107,000) and for Mar West reconstruction ($112,000). Analysis Tiburon has submitted the draft Overall Annual Goal to Caltrans and has received its approval. A public notice was published in the Marin Independent Journal as well as with the Marin Builders Association, the San Francisco Builders Exchange and the Compliance News. The notices, published November 4, 2005, informed the public that the Annual Goal was available at the Town Public Works Department for a period of 30 days and that comments will be accepted on the Annual Goal for a period of 45 days from the publication of the public notice. No comments were received. 1. Submit a draft annual overall goal information, before June 1, to Caltrans; 2. After review and approval by Caltrans, the Town shall institute a 30- day public notification period for comments on the annual statement; 3. Staff shall review any comments received and respond to same; and 4. The Town Council shall adopt the Annual Overall Goal Information at a regular meeting In compliance with Title 49 CFR Part 26, which governs Disadvantaged Business Enterprises (DBE) procedures for the US Department of Transportation, the Town of Tiburon, as a recipient of federal road funds, must fulfill the following requirements annually: Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mayor and Members of the Town Council Dave Bernardi, Interim Public Works DirectorfTown Engineer ~ Disadvantaged Business Enterprise Annual Overall GOal~005!06 January 4, 2006 APPROVED BY:~ MEETING DATE: SUBJECT: FROM: TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 AGENDA ITEM STAFF REPORT Town of Tiburon December 20, 200 Page 2 of 2 1. Draft Resolution - Annual Overall Goal 2. Public Notice Exhibit It is recommended that the Tiburon Town Council adopt the attached resolution approving the Overall Annual Goals for the Town's Disadvantage Business Enterprise. Recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STAFF REPORT Town of Tiburon DIANE CRANE IACOPI, TOWN CLERK ATTEST: PAUL SMITH, MAYOR TOWN OF TIBURON COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NOES: COUNCILMEMBERS: AYES: PASSED and adopted at a regular meeting of the Town Council on the 4th day of January, 2006, by the following vote: BE IT FURTHER RESOLVED that the Town Manager or Director of Public works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose ofthis resolution. NOW, THEREFORE, BE IT RESOLVED that the Town council hereby adopts the disadvantaged Business Annual Overall Goal for 2005/06; and, WHEREAS, the U.S. Department of Transportation requires that the Disadvantaged Business Enterprise Annual Overall Goal for fiscal year 2005/06 be adopted by the Town Council and incorporated into the federally funded bidding process; WHEREAS, the Town desires to continue to apply for federal and state funding and currently has two applications under consideration; and, WHEREAS, the Town of Tiburon actively seeks federal and state funding to supplement its fiscal budget to improve infrastructure and build new facilities to improve the quality oflife in the Town of Tiburon; and, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE DISADVANTAGED BUSINESS ENTERPRISE ANNUAL OVERALL GOAL FOR 2005/06 RESOLUTION NO. /// Town ofTiburon . 1505 Tiburon Boulevard' Tiburon, CA 94920' P 415.4.35.7373 F. 415.435.2438' wwvv.ci.tiburon.ca.us ANNUAL OVERALL GOAL INFORMATION FFY 2005/06 September 26, 2005 TO: CAL TRANS DISTRICT 4 District Local Assistance Engineer The amount of overall goal, methodology, breakout of estimated race/gender-neutral, race/gender-conscious participation, and any DBE program updates are presented herein in accordance with Title 49 of the Code of Federal Regulations Part 26 and as described in the Local Assistance Procedures Manual. The Town of Tiburon submits their annual overall goal information for your review and comment. We propose an annual overall DBE goal of 14.5% for Federal Fiscal Year 2005-06, beginning on October I, 2005 and ending on September 30, 2006. Methodology - The Town of Tiburon utilized the two-step methodology to calculate their DBE goal for FFY 2005-06. The following were determined: amount of Federal funds, availability of DBEs willing to work in the Town's determined market area utilizing the U.S. 2002 NAICS Codes, and the total number of all establishments utilizing the California 200 I County Business Pattern NAICS Census Codes. "tep I produced a base figure of 6.8%. The adjustment of Step 2 increased the base figure by 7.7%, for an overall annual DBE goal of 14.5%. Please see attached worksheets for details. Breakout of Estimated Race-Neutral and Race-Conscious Particioation - It was determined that of the 14.5% annual overall DBE goal, 5.7% would be met through racelgender-neutra1 methods and 8.8% through race!gender-conscious methods. Please see attached worksheets for details. DBE Liaison Uodates - Garry E. Lee; Deputy Town Engineer, has been appointed interim DBELO; 120 Mason Circle, Concord, CA 94520-1214; telephone number (925) 827-4900 Ext. 106; fax number (925) 827-4982; Email address glee@harris-assoc.com. DBE Pro\Iram Uodates - As required, the Town of Tiburon will comply with Title 49 Code of Federal Regulations (CRF) Part 26.29 and will implement a prompt payment and retainage method as listed on last year's procedure of the LPP 04-05. Please see attached Addendum No.1. A~r- Garry E. Lee, Deputy Town Engineer D BE Liaison Officer q-;;u~ -oS- Date Attachments "':/File . , .1>' ~ OF TI8v'-'. :tEH \ .... . '~~ ~ ~ . -. ('l'..~~~,~ ~,.~::::-~'o.'O \I';~O~.'~ . ~1y'A \",c. . , . PROOF OF PUBLICATION (2015.5 C.C.P.) ........T.Q.wN..9f..P~Y~9.~......... .............. ............ ........ ... ................................................................................................ ................................................................................................ ................................................................................................ STATE OF CALIFORNIA County of Marin J SS Proof of Publication of I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the prin- cipal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25568; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit; Pll8U~ NOI1CE ltlETOWH OfnBURON '.. SNEtI, t!lai the toWn o! ]ouron ha6 :=~so~S.US~~::h~~.~ .ppllcaol. to "''''''!::'..:!.o! =~1lIi _I,voar . 8~' .Weroed Mng the'''''''~~llnnuat G".L..~ ~. me T9\'llI of 110urongoal~ P~ra\lOl16l6 haveb8'~ r.::. Th.overall annual onto! llaJ16jlCIlla1\' Pert In _ to u.s: papert1l1.......,,", BneI.'RuI. (49 CIlF' ..8USInese ent8<\lIIse,,~ \nSp6OIklnforthlrIY(30)dal6 tag the program Is Il'/~I&ble for 9:30 . m. to 4:00 p.m., ~Owlng the dele o! 1ll\S ~':'~h FrIdaY .t our prlnclpel Peclfl.Stan<\aI<I]~,MOIIIl'/ . . Iscao!ilUSlneea\006ts<1st . p, .. ..... '_ t50511\lUmnBoulevard, O.pert11i""o! Publ~ CA' 94920 TlbUron, . . ... uaI goal will o. ",spted for for- I commerrts on the=~a:ta ofthlsNatiCe. com~ca~ .ty-1i'i' (45) dsys ".~ ".. OBElOlO.Pujy Town. 9 '. f\lrW6fd..to'~',,~, : : abOVestated~=a this 4tt1 day of NOV9I1lber, 2005. DatedatT\bU1'OO1 '. . 005' ~ No. 34'23 November4, 2 , ...........NQ.YgMJ?J;:~.~..................... ....... ........ .......... .......... ................................................................................................ all in the year 2005. I certify (or declare) under penaity of perjury that the foregoing is true and correct. ~""W\. X'~~~ ......... -...................... 'i:')oiiiii Liiiiirui;'........................... Signature . 4 NOV Dated thlS...............day of.............................2005 PROOF OF PUBLICATION If?vL IL~. 7 TlBURON TOWN COUNCILMEMBER COMMITTEE APPOINTMENTS / 1. STATE & REGIONAL AGENCIES I. ABAG - (Executive Board meets monthly in Oakland, MetroCenter, ABA G, Room /02A) Paul Smith, Delegate Tom Gram, Alternate 2. AIR TRAFFIC OVER MARIN/SFO EXPANSION Paul Smith 3. COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE (CDBG) Paul Smith, Delegate Tom Gram, Alternate 4. LEAGUE OF CALIFORNIA CITIES - (North Bay Division Meets Quarterly- Annual Conference in October) Alice Fredericks, Immediate Past President, North Bay Division a) Transportation, Communication & Public Works State Policy Committee- (I-year appointment by North Bay Division) 5. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS Town Manager Alex McIntyre (Town Council appointed representative) Councilmember JeffSlavitz, Alternate 6. RICHARDSON BAY REGIONAL AGENCY - (Meets Monthly on 2nd Wednesday at 6:00 p.m. - Sausalito City Hall) Paul Smith, Delegate JeffSlavitz, Alternate 7. TRANSPORTATION AUTHORITY OF MARIN (TAM--formerlv CMA)- (Meets Monthly on 4th Thursday at 7:30 p.m. - San Rafael City Hall) Alice Fredericks, Delegate [also elected by city representatives to serve as Southern Marin Representative to Executive Committee; also appointed as TAM's representative to MCCMC] Paul Smith, Alternate 8. WATER TRANSIT AUTHORITY Miles Berger, Delegate Alice Fredericks, Alternate Adopted January /9, 2005/Amended August 17 & November 2,2005 I LOCAL AGENCIES/COMMITTEES 9. JOINT DISASTER ADVISORY COUNCIL - (Meets Quarterly on 2"d Mondayfrom 5:00 - 6:00 p.m. in the Town Hall Community Room) Alice Fredericks, Delegate 10. JOINT RECREATION COMMITTEE - (Meets bi-monthly on 3'd Monday in the Town Hall Community Room) Tom Gram, Delegate 11. BEL VEDERE- TffiURON LffiRARY AGENCY - (Community Partners for Librory Expansion) Alice Fredericks II. TOWN OF TffiURON STANDING COMMITTEES - (Meetings scheduled as needed) 1. FINANCE & ADMINISTRATION Tom Gram Jeff Slavitz 2. POLICE Alice Fredericks JeffSlavtiz 3. PUBLIC WORKS Alice Fredericks Miles Berger 4. LANDS & DEVELOPMENT Tom Gram Paul Smith 5. LEGAL Tom Gram Jeff Slavitz III. AD HOC TOWN COMMITTEE APPOINTMENTS I. Downtown Public Art Project - Miles Berger/Tom Gram 2. Bicycle/Pedestrian Advisory Committee - Jeff Slavitz 3. Downtown Economic Development Committee - Miles Berger/Alex McIntyre 4. MERA Negotiating Team - Alice FredericksIMiles Berger 5. MERA Legal Team - Tom GrarnlPaul Smith 6. St. Hilary Expansion - Tom GrarnlPaul Smith 7. Kol Shofar Expansion - Tom GrarnlPaul Smith 8. Paradise Drive Liaison - Alice Fredericks/JeffSlavitz 9. Martha Property Applications - Alice Fredericks/Paul Smith 10. Caprice Expansion Appeal- Miles Berger/Alice Fredericks Adopted January 19, 2005/Amended August 17 & November 2, 2005 2 IV. MCCMC APPOINTMENTS - (Elected by MCCMC) I. Local Agency Formation Commission (LAFCO) Jeff Slavitz . Town Appointments to MCCMC Committees 1. MCCMC Legislative Committee Alice Fredericks Paul Smith, alternate 2. JP A Oversight Committee Jeff Slavitz Paul Smith, alternate · Town appointed representatives in other areas of interest Marin Telecommunications Agency - (subcommittee meets every second Wednesday) Tom Gram (Delegate) JeffSlavitz (Alternate) Hazardous & Solid Waste JPA Alex McIntyre Marin Community Foundation Citv Liaison Committee Alice Fredericks MarinMap Steering Committee Kris Krasnove (replacement for Pat Echols) Chad Monterichard, alternate General Services JP A - (Director appointments made by Marin Manager's Association) Alex McIntyre, Board Chair Adopted January 19, 2005/Amended August 17 & November 2, 2005 3 .- . . .~ qt u~v 'I. ~p'~'~o .?(. \f .(* ~". *a~! (\\-::::::::::::-'-~I~ .,,<,;~< m.~'O "'....o<~/"', . 09""IAltoIoc..- . , . -. Town of Tiburon STAFF REPORT AGENDA ITEM r~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUBJECT: TOWN COUNCIL SCOTT ANDERSON, DIRECTOR OF COMMUNITY DEVELOPMEN~ ANNUAL REPORTING OF DEVELOPMENT PROJECT FEES TO: FROM: MEETING DATE: DECEMBER 6, 2005 JANUARY 4, 2006 REV<EWED Ry,--i) REPORT DATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND Similar to most cities and counties in California, the Town of Tiburon imposes certain public facilities fees on development projects during the approval process. Certain of these fees are categorized as "development fees" under Section 66000 et seq. of the California Government Code. Section 66006 of that code requires that specific data regarding development fees is made available to the public within 180 days following the end of each fiscal year, with a public meeting held on the matter at the next regularly scheduled meeting foliowing release of the data. This report sets forth the required annual data reporting for the Town's development fee accounts for Fiscal Year 2004-2005, which closed on June 30, 2005. ANALYSIS The Town of Tiburon imposes five categories of fees that could qualify as development fees. These categories are 1) traffic impact fees, 2) street impact fees, 3) property development fees, 4) affordable housing fees, and 5) stormwater runoff fees. Park and recreation in-lieu fees, which the Town also collects, are not defined as development fees in the statute. Reporting data for each of the Town's development fee categories is shown below. Traffic Mitigation Fee Accounts In 1996, the Town established two separate traffic mitigation fee accounts, each addressing different portions of the Tiburon Planning Area. The Town Council received a mandatory five- year report on these funds in January 2002 and made findings regarding the future use of unexpended funds in these accounts. The next five-year report will be due in January, 2007. The two traffic mitigation accounts and the required data for this annual report are as follows: Circulation System Improvement Fund (CSIF): This fund contains the collected exactions for construction of public traffic improvements in the incorporated portions of the Tiburon Planning Area. The fee varies depending on the location of the project in relation to intersections identified in the General Plan Circulation Element as requiring improvement. The fee varies from $200 per PM peak trip to $3,400 per PM peak trip. Tiburon Town Council Staff Report January 4, 2006 page 1 of 7 Town of Tiburon STAFF REPORT .. . I ., ",,9-f_J1..i!_~~ "". ~/ '-0 .?7.\1- .,,,,.~). :t6~ ('lX~ C-~~/'Io' :V<"<:7~; ~:,,'O ......o~~{:''''. , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TIBURON CIRCULATION SYSTEM IMPROVEMENT FUND Fund Balance, July 1, 2004 $151,865 Revenues: Fees Collected Interest Income TOTAL REVENUES $10,604 2,395 $ 12,999 Expenditures: (see list below) TOTAL EXPENDITURES $ 74,273 $ 74,273 $90,591 Fund Balance, June 30, 2005 EXPENDITURES Projects completed FY 2004-05: Cost % from Fund Tiburon Boulevard/Reed Ranch Road Impvts. $31 ,408 100% Stewart Drive Bus Shelter $42,865 100% In the adopted Fiscal Year 2005-06 budget, the Town has programmed $75,000 in expenditures from the Tiburon Circulation System Improvement Fund for the purpose of constructing traffic improvements. Sufficient funds wili exist to construct these improvements, which include intersection improvements at Reed Ranch Road and Tiburon Boulevard, and the Mar West Traffic Signal Warrant Study. No inter-fund loans or transfers occurred in this account for FY2004-05 and no refunds from this account were issued in FY 2004-05. Planning Area Mitigation Fund (PAMF): This fund contains the collected exactions for public traffic improvements in portions of the Tiburon Planning Area outside of the Town's corporate limits. The fee varies depending on the location of the project in relation to intersections identified in the General Plan Circulation Element for improvement. The fee varies from $0 per PM peak trip to $2,300 per PM peak trip. Tiburon Town Council Staff Report . January 4. 2006 page 2 of 7 STAFF REPORT Town of Tiburon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLANNING AREA MITIGATION FUND Fund Balance, July 1, 2004 $229,203 Revenues: Fees Collected Interest Income TOTAL REVENUES $12,851 5,350 18,201 Expenditures: TOTAL EXPENDITURES $ 0 .$ o Fund Balance, June 30, 2005 $247,404 The FY 2005-06 Town budget does propose, and the Town Council has committed, to expend $100,000 from this fund for the purpose of contributing towards the improvements at the Tiburon Boulevard intersection with U.S. Highway 101, which are primarily being funded by Caltrans and the County of Marin. Additional future projects to which these funds would be contributed include a merge/acceleration lane at the Tiburon Boulevard/Cecilia Way intersection; and capacity improvements at the Tiburon Boulevard/Redwood Highway Frontage Road intersection. These improvements are set forth in the General Plan Circulation Element, but are likely to be at least 3-4 years away. The cost of these improvements will exceed funds available at this time. No inter-fund loans or transfers occurred in this account for FY2004-05 and no refunds from this account were issued in FY 2004-05. Street Impact Fund Account The street impact fee went into effect in July 1999. This fee partiaily off-sets the Town's costs of public roadway maintenance by assessing a fee of 1.0% (.01) on the valuation of all building permits issued by the Town. A project with a $100,000 building permit valuation would therefore be subject to a street impact fee of $1 ,000. The Town Council received a mandatory five-year report on these funds in January 2004 and made findings regarding the future use of unexpended funds in these accounts. The next five-year report will be due in January, 2009. Tiburon Town Council Staff Report January 4, 2006 page 3 of 7 Town of Tiburon STAFF REPORT .. . . ." ~}~_f_mT(~,,(r-f' ,.- ~/ ''\0 ,~' .V 'I'*,,-~\. '''' 2;~! "'\""~-~ v.\~-,.=~/~ ";")c:-A ~;o;o o-.:::,~/".... .'- ~"""AI~(.' ~. , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TIBURON STREET IMPACT FUND Fund Balance, July 1, 2004 $575,958 Revenues: Fees Collected $465,857 Interest Income 19,008 Grant Revenue 49.305 TOTAL REVENUES $534,170 Expenditures: See List Below $309.249 TOTAL EXPENDITURES $309.249 Fund Balance, June 30, 2005 $800,879 EXPENDITURES Projects completed FY 2004-05: Cost Dig-out repairs (various streets) Esperanza Street Overlay Blackfield Drive Overlay Via Capistrano Overlay Cypress Hollow Drive Overlay Slurry Seal Program (various streets) Engineering Costs Total Projects FY 2004-05 $4,983 $4,901 $6,739 $215,765 $1,472 $6,127 $69,263 $309,249 % from Fund 100% 100% 100% 100% 100% 100% 100% 100% For FY 2005-06, the Town has identified in its adopted budget $646,200 in planned street improvement projects to be funded by the Street Impact Fund. These improvements are expected to be completed in FY 2005-06. The Town maintains a Pavement Management Tiburon Town Council Staff Report January 4, 2006 page 4 of 7 Town of Tiburon .- . I .~ ~o-f_Y8v :..-.- 1::C:J ~~l~_? :,.(>o<"..~/.... ."- Jj>~JK-i\4i;.. "'. , . STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Program (PMP), last updated in 2005, which analyzes the condition of the Town's streets and suggests appropriate repair/replacement techniques based on this analysis. Cost estimates for the work can be extrapolated from the PMP. The PMP indicates that the Town would need to spend approximately $480,000 annually on its streets to hold the overall pavement condition index steady over the next four years. However, since the Town's policy is to upgrade the condition of its streets above the current PCI rating of 66, an average annual expenditure of $620,000 would be required, according to the PMP. Unexpended funds currently remaining in the Street Impact account will be spent over the next 2-3 years as the Town continues its ongoing street maintenance and repair program. No refunds or transfers were issued from this account in FY 2004-2005. Property Development Fund This fee is levied at the building permit stage for new homes and commercial buildings that are not located in in-fill areas and are not re-builds. Its revenues are used for the acquisition, construction, improvement, or maintenance of public property and facilities. The fee is $750 for new single family homes, $500 for other residential units, and 75 cents per square foot for commercial buildings. PROPERTY DEVELOPMENT FUND Fund Balance, July 1, 2004 ($3,003) Revenues: Fees Collected Interest Income TOTAL REVENUES $3,145 ~ $3,145 Expenditures: Town Hall Facility Improvements L-.Q Fund Balance, June 30, 2005 L-.Q $142 TOTAL EXPENDITURES For FY 2005-06, the Town has no expenditures planned from the Property Development Fund. No inter-fund loans or transfers occurred in this account for FY2004-05, and no refunds from this account were issued in FY 2004-05. Affordable Housing In-Lieu Fund This fee is collected either at the subdivision map or building permit stage, at the option of the developer. Its revenues are used for the design and construction of permanently affordable Tiburon Town Council Staff Report January 4, 2006 page 5 of 7 Town of Tiburon STAFF REPORT .- . . ." ~}~ t !ts,v ". ~/ -10 !'1.\1- l?2 '-' ~\I' V1:::~~ ';.\~~~;~ .('*~/O.'O .' O~N-~(" "'. , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . housing units or for other actions that would directly preserve, conserve, rehabilitate, or increase the supply of affordable units in the Tiburon Planning Area. The fee is calculated using a formula contained within the Tiburon Zoning Ordinance. The formula contains several variables (such as interest rates) and the amount of the fee can vary over time depending on these variables. Generally, the in-lieu fee amount ranges from $150,000 to $300,000 for each required affordable unit that is not built. A project creating 10 or more units or lots would be responsible to provide one affordable unit or pay the resulting in-lieu fee. Projects that produce less than 10 units pay a prorated share of the in-lieu fee, for example, a five unit project would pay half of the in-lieu fee for an affordable unit not built. It is unclear whether affordable housing in-lieu fees are a "development fee" as defined in state law; however, the following information is public record. In providing affordable housing in-lieu fund information contained within this report, the Town of Tiburon neither admits nor implies that the above information is required to be reported pursuant to Section 66006 of the Government Code. AFFORDABLE HOUSING IN-LIEU FUND Fund Balance, July 1, 2004 $1,340,551 Revenues: Sale of Town Owned Unit Rents Interest Income TOTAL REVENUES $116,995 30,000 35,616 . $184,057 Expenditures: Homeowner Dues Building Improvements Property Tax, Marin Renter's Rebate Purchase 2 Bedroom Unit $27,644 35,111 12,623 154.491 TOTAL EXPENDITURES Fund Balance, June 30, 2005 $229.884 $1,294,724 For FY 2005-06 the Town has $7,850 in expenditures planned from the Affordable Housing In- Lieu Fund for the purposes of maintaining and conserving existing Town-owned affordable housing units. These efforts are expected to be completed in FY 2004-05. As several new affordable housing sites have been identified in the recently-adopted Housing Element of the Tiburon General Plan, and as developers move forward with actual projects, the housing in-lieu funds collected will be expended toward affordable housing projects. The Town anticipates committing or spending this money within the time frame of the current Housing Element (2009). No inter-fund loans or transfers occurred in this account for FY2004-05, and no refunds from this account were issued in FY 2004-05. Tiburon Town Council Staff Report January 4, 2006 page 60f7 Town of Tiburon STAFF REPORT .. . . -" o.tIl.&v ';(.- ~~-----,-i>o ;:/.\t .i:& _ ~1. \~~~I r>~~~' ".\~~"~J~ ......."-_:::.."'~/b.'O ~"'O'-~_~./,,\ . I\>....'A-It'l(..~. , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Storm water Runoff Fee The Town adopted a Stormwater Runoff impact fee in 2004, but did not collect any such fees until after the close of the fiscal year on June 30th Therefore, this is the first fiscal year that annual reporting has been possible. The stormwater impact fee helps recover the costs of upgrading the Town's public storm drain system to accommodate additional runoff caused by new construction. The fee is $1.00 per square foot of new impervious surface created by construction projects. STORM WATER RUNOFF FUND Fund Balance, July 1, 2004 $0 Revenues: Fees Collected Interest Income $75,148 378 TOTAL REVENUES $75,940 Expenditures: Storm Drainage Improvements $77,323 TOTAL EXPENDITURES Fund Balance, June 30, 2005 $77 .323 ($1,761) RECOMMENDATION Staff recommends that the Town Council review the data, take any public testimony, and accept the report. EXHIBITS A. Government Code Section 66006. s:administration/town council/staff reports/2006/deveiopment fees annual reporting FY2005.doc Tiburon Town Council Staff Report January 4, 2006 page 70t7 66006. (a) If a local agency requires the payment of a fee specified in subdivision (c) in connection with the approval of a development project, the local agency receiving the fee shall deposit it with the other fees for the improvement in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, except for temporary investments, and expend those fees solely for the purpose for which the fee was collected. Any interest income earned by moneys in the capital facilities account or fund shall also be deposited in that account or fund and shall be expended only for the purpose for which the fee was originally collected. (b) (1) For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. (C) The beginning and ending balance of the account or fund. (D) The amount of the fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. (H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. (2) The local agency shall review the information made available to the public pursuant to paragraph (1) at the next regularly scheduled public meeting not less than 15 days after this information is made available to the public, as required by this subdivision. Notice of the time and place of the meeting, including the address where this information may be reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the local agency for mailed notice of the meeting. Any written request for mailed notices shall be valid for one year from the uate on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (c) For purposes of this section, IIfeell means any fee imposed to provide for an improvement to be constructed to serve a development project, or which is a fee for public improvements within the meaning of subdivision (b) of Section 66000, and that is imposed by the local agency as a condition of approving the development project. EXHIBIT NO. I (d) Any person may request an audit of any local agency fee or charge that is subject to Section 66023, including fees or charges of school districts, in accordance with that section. (e) The Legislature finds and declares that untimely or improper allocation of development fees hinders economic growth and is, therefore, a matter of statewide interest and concern. It is, therefore, the intent of the Legislature that this section shall supersede all conflicting local laws and shall apply in charter cities. (f) At the time the local agency imposes a fee for public improvements on a specific development project, it shall identify the public improvement that the fee will be used to finance. Town of Tiburon .. . I .s ~);!L-r~~v.p ~\tE~ -A':~~ ('\';;::;E"~. "P'\~:":::~ <~-^,.~l;\ O'~/'\ ."1'. oi'iViln~(.' , . STAFF REPORT AGENDA ITEM fj,y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: TOWN COUNCIL SCOTT ANDERSON, DIRECTOR OF COMMUNITY DEVELOPME~ HOUSING IN-LIEU FEE REPORT AND FINDINGS FROM: SUBJECT: MEETING DATE: JANUARY 4, 2006 REVIEWED BY: REPORT DATE: DECEMBER 6, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND As part of the Town's implementation of its General Plan Housing Element policies and programs, the Town requires developers of housing projects that do not provide affordable housing units on-site or off-site to contribute to an affordable housing in-lieu fund. The mechanism is enforced through Subchapter 6 of the Tiburon Zoning Ordinance (Inclusionary Housing). The fees have been used over the years to purchase affordable housing units, maintain affordable units owned by the Town, fund payments to the Marin Renters Rebate Program, and make loans to the Marin Housing Authority for the construction of additional affordable units in Tiburon. As in-lieu housing fees may constitute a "development fee" pursuant to Government Code section 66000, the Town may be required to make periodic findings regarding the collection, retention, and expenditure of these funds. In an abundance of caution, the Town is preparing this report in the event that affordable housing in-lieu fees are actually found subject to provisions of Section 66001 of the Government Code. The purpose of this report is to provide background information in support of the findings that will be adopted by resolution. The Town of Tiburon has been collecting affordable housing in-lieu fees for approximately 20 years. Only fees collected after January 1, 1989 are subject to the state-mandated reporting/findings procedure, as this requirement was not made retroactive by the Legislature in its adoption of AS 1600 in 1988. ANALYSIS At the time the reporting procedures went into effect on January 1, 1989, the balance in the housing in-lieu fund was approximately $700,000. Since 1989, the Town has received approximately $1.6 million into this fund, most of which is from interest earnings and from rent payments from Town-owned affordable units. Oniy about $360,000 (26%) of the revenue generated since 1989 has been from direct developer in-lieu fee contributions. Over $1.2 million has been expended since 1989 from this fund, leaving a current (cash) balance of $1,294,724. The vast majority of the cash balance remaining in the account can be attributed to either interest earnings from monies collected prior to 1989, or rent monies collected from Town-owned housing units at the Point Tiburon Marsh condominiums. In short, the Town has Tiburon Town Council Staff Report January 4, 201 page 1 of 2 Town of Tiburon STAFF REPORT .. . . .", ~9_L!(~u.p </.- ~/ "{.p ~/.f i.... I 'i:t 0~-' \7:,3~ {"l\~~~!'iI' V..;;~.c.; ~~ "'&-~~--' .J' ~1\hA-I~C." ~. I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . expended more housing in-lieu funds than it has accumulated through developer contributions (including interest earned on those contributions) collected after the fee reporting procedures went into effect in 1989. This is a healthy state of affairs that would not expose the Town to any requirements to return unexpended housing in-lieu funds to developers, should such provisions apply to affordable housing in-lieu fees. REQUIRED FINDINGS The Tiburon Municipal Code states as follows: No later than January 30 of each year, the Town Manager shall prepare a report for the Town Council to make findings with respect to any fees in the Town-wide housing in-lieu fund remaining unexpended or uncommitted for five years or more after their deposit. The findings shall identify the purpose to which the fees are to be put and shall demonstrate a reasonable relationship between the fees and the purpose for which they were collected. The findings need only be made for moneys in the possession of the Town. The Town Council made these findings last year as part of the broader State-mandated five- year reporting process for unexpended funds. The findings for fiscal year 2004-2005 are made in the attached Resolution (Exhibit 1). STATUS REPORT ON POTENTIAL AFFORDABLE HOUSING OPPORTUNITIES The Town adopted a new Housing Element on September 7, 2005. The Element identifies nine new (9) affordable housing opportunity sites, and provides each with density bonuses and higher-density overlay zoning to achieve densities above 20 units per acre. New sites were needed as all of the sites listed in the prior Housing Element had been developed with projects containing affordable housing units. None of the sites listed in the current Housing Element are owned by the Town, but the Housing Element contains numerous incentives for property owners to pursue affordable housing projects. Property owners and/or developers have already expressed interest in at least three of the affordable housing opportunity sites listed in the Housing Element and some other sites as well. The Town anticipates expending the housing in-lieu funds in subsidizing the production of affordable housing at these sites or other sites over the course of the current Housing Element cycle (by 2009). RECOMMENDATION Staff recommends that the Town Council take any public testimony and adopt the resolution making the required findings. EXHIBITS A. Draft Resolution Isharedladministration/town council/staff reports/20061housing in-lieu fees annual report2005.doc Tiburon Town Council Staff Report January 4, 201 page 2 of 2 RESOLUTION NO. XX-2006 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MAKING CERTAIN FINDINGS REGARDING FEES COLLECTED FOR AFFORDABLE HOUSING PURPOSES The Town Council of the Town of Tiburon does hereby resolve as follows: WHEREAS, the Town of Tiburon has collected housing in-lieu fees since adoption of Ordinance No. 339 N.S. in November of 1988, prior to legislation regarding annual fee reporting. Pursuant to the California Government Code, the Town Council may be required to make certain findings relative to unexpended funds collected for in-lieu housing purposes on a five-year basis; and WHEREAS, pursuant to Section 16-6.9 of the Tiburon Municipal Code, the Town Manager shall annually prepare a report to the Town Council with respect to unexpended funds; and WHEREAS, the Town has prepared such documentation regarding the housing in-lieu fees and such documentation has been available for public review for at least fifteen (15) days prior to the scheduled public hearing, and WHEREAS, the Town Council received the documentation in the form of a Staff Report prior to its meeting of January 4,2006 and held a public hearing on the matter on January 4, 2006. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Tiburon does hereby make the following findings relative to its unexpended housing in-lieu fees. 1. Purpose ofthe Fees. The Town Council finds that the purpose ofthe housing in lieu fees is to enhance the public welfare by ensuring that further housing development contributes to the attainment of the Town's General Plan Housing Element goals, policies and programs by (1) increasing the stock of dwelling units accessible to the handicapped; (2) increasing the stock of dwelling units affordable by households of low or moderate income; and (3) requiring housing in-lieu fee contributions for the production or preservation of affordable units. Revenues collected (including interest earned) shall be used for the following purposes: a. Design and construction of permanently affordable units. b. Other actions which would directly preserve, conserve, rehabilitate, or increase the supply of affordable units in the Tiburon Planning Area. Tiburon Town Council Resolution No. draft-2006 Adopted on --1--/2006 Page 1 oJ3 Page 2 of 3 Tiburon Town Council Resolution No. draft-2006 Adopted --/--/2006 c. The Town Council finds that the Town of Tiburon housing in-lieu funds, while helpful to the financing of affordable housing projects, are by no means constitute the primary funding source for such projects. The Town is reliant on other property owners for its affordable housing sites as it does not own any of these sites. Many other sources of funding are typically used in the production of affordable housing developments, which dwarf any subsidy provided by the Town's housing in-lieu fund. The Town Council therefore further finds that the b. The Town Council finds that the creation of affordable housing units is an ongoing process, largely driven by the State of California's affordable housing policies as implemented through the Housing Element revision and regional fair share allocation processes. The Town adopted a new Housing Element on September 7, 2005, which identifies several new sites as affordable housing opportunity sites upon which housing in-lieu fees are anticipated to be expended. The Housing Element is available for review at Tiburon Town Hall and on the Town's web site at www.ci.tiburon.ca.us. a. The Town Council finds that affordable housing projects constructed in southern Marin County are generally required to be heavily subsidized in order to be economically feasible. This is primarily due to very high land and development costs, although other factors, such as environmental sensitivity, also playa role. For example, in order to create four (4) very low income units at the Chandlers Gate project in 2002, the Town of Tiburon provided a subsidy of $800,000 to the developer. Low-income or moderate-income units typically require smaller per unit subsidies. 3. Sources and Amounts of Funding Anticipated to Complete Financing of Improvements. 2. Reasonable Relationship Between the Fees and the Purpose for which they are Charged. Housing in-lieu fees are calculated on the basis of the difference between the affordable purchase price of a dwelling unit for which a moderate income family (earning 80% of median income) can qualify, and the estimated cost of constructing a market rate unit of appropriate size. The Town Council finds that the justification and the mechanism for calculating fees are adequately set forth in Chapter 14B and in Chapter 16, Section 6 of the Tiburon Municipal Code, which is available for public review at Tiburon Town Hall and on the Town's web site at www.ci.tiburon.ca.us. The aforementioned goals, policies, and programs are found in the Tiburon General Plan Housing Element, copies of which are available at Town Hall and on the Town's web site at www.ci.tiburon.ca.us. Page 3 of 3 Tiburon Town Council Resolution No. draji-2006 Adopted --/--/2006 S:Town Council/staffreports/2006/housing in-lieu fees 2006 reso.doc DIANE CRANE IACOPI, TOWN CLERK ATTEST: PAUL SMITH, MAYOR TOWN OF TIBURON COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NOES: COUNCILMEMBERS: AYES: PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, State of California, held this 4th day of January, 2006, by the following vote: In adopting this resolution, the Town Council neither admits nor implies that the above findings are required by law for its housing in-lieu fees. As stated above, the production of affordable housing is an ongoing process. The Town Council finds that housing in-lieu funds collected will be expended toward the purposes stated above and will be used in a timely fashion as new affordable housing project sites are identified and development is pursued. The Town Council anticipates that all funds currently in the Town's in-lieu housing fund that are subject to the provisions of Government Code Section 66000 et seq. will be expended within five years. 4. Approximate Dates When Necessary Funding is Anticipated to be Deposited. collection and expenditure of housing in-lieu fees is an ongoing process for which the funding on hand ($1.29 million) will not be sufficient to insure actual production of affordable housing sufficient to meet the Town's regional fair share housing allocations. Therefore, the sources and amounts of funding anticipated as necessary to complete the financing of affordable housing improvements are unknown and will vary from project to project. 555 DUBOIS STREET SAN RAFAEL, CA 94901-3965 December 22, 2005 ~ottA -<- C~ .~G . He. ~OJ'h ENGINEERING CONTRACTORS MARIN COUNTY CALIF. Lie. #226767 PHONE (415) 459-8640 ESTIMATING FAX (415) 459-2065 GENERAL FAX (415) 459-4884 ~~~~~w~~ JAN:l 2006 Attn: David M. Bernardi Interim Public Works Director/Town Engineer 1505 Tiburon Blvd. Tiburon, CA 94920 Ph: (415) 435-7354 Fax: (415) 435-2438 DIRECTOR OF PUBLIC WORKS TOWN OF TIBURON RE: Lyford Cove Underground Project Mr. Bernardi: This letter will serve as Maggiora & Ghilotti, Inc.'s intention to honor your letter dated 12/21/05 requesting the extension of our bids for both projects from December 30, 2005 to April 19,2006. The fact that the Council has indicated that it would agree to increase contract amounts to reflect the documented increase in the cost of materials up to a maximum of 25% over the current amount shown in our bid indicates to us that there are a number of people who support this project. With that said, you should be aware of a different increase that will be associated with and must be compensated for this project and I will explain why. When the project was bid in November of 2005, Maggiora & Ghilotti, Inc. figured that the job would be completed by mid June of2006. The new projected late start date will now have an affect on our labor wages. Union Labor Rates are increased each year in the montl} of June. This increase will take place again in 2006. During the past three years, this increase averages somewhere between 3.5% and 4%. Contract specifications require us to pay the C-lJrrent l1revaHing wage rates. Maggiora & Ghilotti, Inc. will do everything in our power to provide the Town of Tiburon and its' Residents with the best possible service in order to make this a successful project that we can all be proud of. Thank you and if you have any questions, feel free to call me at (415) 459-8640. :str: .~. Gary Ghil01 President TOWN COUNCIL LATE MAIL # MEETING DATE 10 / - ~-06 Diane Crane lacopi From: Sent: To: Subject: Cheryl Goodwin [CGoodwin@renault-handley.com] Tuesday, January 03, 2006 12:59 PM Diane Crane lacopi Attention: Town Council Dear Town Council, With regard to the Utility Undergrounding Project of the Lyford Cove Undergrounding Assessment District, as an owner of six properties on Mar East Blvd. (2180, 2200, 2248, 2308, 2310 and 2312-14) which will be subject to an assessment for the undergrounding, I strongly believe that the matter of additional funding should go to a vote. Raymond G. Handley 2500 EI Camino Real Palo Alto, CA 94306 650 321-3040 ~ Eef,r~ ~l ~ JAN - 3 2006 IJ!j IOWN CLERK I;Q.WN OF .~BIJRON TOWN COUNCIL LATE MAIL # /0 MEETING DATE /-'1-00 1 Town of Tiburon STAFF REPORT 10 AGENDA ITEM .. . .. . . . . .. . . . . .. . . . . . .. . . . . . . . . . . TO: Mayor and Members of the Town Council FROM: Dave Bernardi, Interim Director of Public WorkslTown Engineer Troy Bassett, Project Coordinator SUBJECT: Lyford Cove Utility Undergrounding Assessme MEETING DATE: January 4,2006 REVIEWED BY: . . . . . . . . .. . . . . .. . . . . .. . . . . . . . . .., ...... On December 15, 2005, the Town Council received public comment and considered the options available for awarding a construction contract to complete the work associated with the utility undergrounding for Lyford Cove. At this meeting, Council identified a preference to allow the property owners in the District to vote on a supplemental assessment to fund the estimated shortfall between available funds and the cost of construction. A majority vote of the property owners will allow this project to move forward. The Town Council adopted a resolution which requested consent from the Marin County Board of Supervisors for extra-territorial jurisdiction to undertake supplemental assessment proceedings in the Lyford Cove Utility Undergrounding Assessment District. At their meeting on December 20, 2005, the Board of Supervisors unanimously voted to adopt the Town's request for a resolution of consent. In order to put the issue of a supplemental assessment to a ballot of the property owners in the District, the Town Council must adopt a resolution of intention (Exhibit A), directing a Supplemental Engineer's Report to be made and filed, and to include an estimate of the additional costs of improvements and incidental expenses required to complete construction of this project. This estimate shall be based on a not to exceed amount agreed to by the contractor. After the Supplemental Engineer's Report has been preliminarily approved, the Town Council can set a Public Hearing, and direct the mailing of the Notices of proposed assessments and the ballots to property owners. BACKGROUND On May 21, 2003, the Town Council adopted Resolution No 15-2003 declaring its intention to order the making of acquisitions and improvements with respect to the Lyford Cove Utility Undergrounding Assessment District; and on February 2, 2005, the Council adopted a resolution authorizing the issuance of limited obligation improvement bonds. On September 7, 2005, the Council adopted a supplemental resolution authorizing the issuance of an additional series of limited obligation improvements bonds secured by the original assessments. D'" . . ... '. December 22, 2005 1 of 5 Town of Tiburon STAFF REPORT .. . . .. . . . . .. . . . ... .. .. .. . . . .. . .. . .. .. . . .. . . . .. In July 2005, the Town received two bids, substantially higher than the original estimates; both bids were rejected, the bid package was restructured, and the Town Council directed Staff to re-bid the project later in the year. On November 15, 2005, the Town received a second set of contractor bids to do the work associated with the Lyford Cove Utility Undergrounding. Again, despite our efforts to re-engineer the project, all were higher than anticipated. The apparent low bidder is Maggiora & Ghilotti with a bid proposal in the amount of $3,868,654. The amount of money remaining from the combined Bond issues for construction is $2,854,259. With the necessary 10% contingency added to the low bid, the difference between the costs of the construction and the amount of funds available for construction is $1 .4 million. AVAILABLE OPTIONS At the December 15 Council meeting Staff presented the following potential costs savings, and alternate sources of funding. Staff has provided additional comments and thoughts on these ideas. 1. Delete the proposed new street lighting from the project by leaving the existing street lighting in place. The current utility poles where streetlights exist would simply be cut down to the height of the street light. This would create a savings of approximately $110,000. This is a viable option, although public comment was heard against cutting costs in this manner. 2. Minimize the pavement patching at the trench to the width of the trench, rather than requiring the contractor to do a wedge grind with a 4' wide T- patch. This could possibly save an additional $80,000. Additionally, on those streets which will be receiving either a slurry seal or a full pavement overlay per recently adopted Town Policy, the costs of pavement marking could be shifted to the Town's pavement management program budget for approximately $10,000 in savings to the District. This continues to be a viable option. 3. One of the utilities that share the "joint trench" is Comcast. There is a dispute between the Town and Comcast as to the financial extent to which Comcast is required to pay its share of the trench. The Town is currently having discussions with. Comcast, and no agreement has been reached. These funds cannot be relied upon as their disposition may remain unsettled for some time. Staff does not consider this to be a viable option for the purpose of filling the shortfall. December 22. 2005 2 of 5 Town of Tiburon STAFF REPORT . . . . .... .. . . .. . . . . . .. . . . . . . . . .. . . . . .. ... . . 4. Marin County Sanitary District #5 presently has a "force main" under Paradise Drive which needs to be relocated out of the way for the undergrounding trench. Sanitary District 5 is also disputing its responsibility for this cost, and discussions are continuing. These funds cannot be relied upon as their disposition may remain unsettled for some time. Staff does not consider this to be a viable option for the purpose of filling the shortfall. 5. Pacific Gas & Electric's franchise with the State of California requires it to provide undergrounding to certain qualifying areas within the franchise boundaries. Paradise Drive appeared to qualify for PG&E Rule 20A funds. Town Policy identifies Tiburon Boulevard as the priority for use of Rule 20A funding, and Trestle Glen as nex1 in-line for 20A funds once Tiburon Blvd has been completed. Council has directed Staff to coordinate with PG&E to develop preliminary maps and resolutions of intent for the Tiburon Blvd projects; however, no applications have yet been submitted. Rule 20A funds no longer appear to be an available option due to conflicts in the original Engineer's Report and Rule 20A criteria for qualifying. Staff will follow up on this option; however, Staff does not now recommend these funds be considered for purposes of filling the shortfall. 6. In all public works projects, the Town requires a contingency to be secured. The Lyford Cove project has a 10% construction contingency. By reducing the 10% construction contingency, funds could be freed up for use by the District; each 1 % reduction in contingency = $38,600. Staff does not recommend the construction contingency be reduced. 7. When the District sold the bonds, it created a necessary "Bond Reserve Fund." The Town considered releasing the reserve fund proceeds toward the construction shortfall and restricting a comparable amount in the Town's general fund as a replacement reserve fund. Upon further review, Staff has determined that this money has already been pledged to bondholders; the documents do not allow for substitutions; therefore this is not an option. The Town Council has the discretion to include or abandon any of the viable options listed above. However, all of the known available options combined are not adequate to fund the $1.4 million shortfall. December 22, 2005 3 of 5 Town of Tiburon STAFF REPORT The Town Council can also choose to cancel the project at its sole discretion citing lack of adequate funding to carry out the work associated. As discussed in December, the bonds would be recalled and paid off with the existing funds. If the Council opted to abandon this project, it should be noted that expenses already incurred by the District would still need to be paid. After a preliminary review of funds already spent, we have estimated that the cost to property owners would continue to appear on property tax bills on average at $120/year/parcel for the life of the bonds (30 years). Those property owners who pre-paid their assessment would be refunded their prepayment less their share of the expenses already incurred. The Maggiora & Ghilotti bids expire on December 30, 2005; Town Staff will present written confirmation from Maggiora & Ghilotti that they will extend their bid prices, subject to increases in material and labor costs within defined limits. The Town, on behalf of the District, can sell supplemental bonds to make up the balance if approved by the property owners. With the current $1.4 million shortfall estimate, on average, per parcel, it is estimated that it would cost an additional $350 per year. Clearly, the District Engineer will need to apply the spread to the existing formula, take into account additional costs, and recalculate each supplemental amount. The bond underwriter will be available at the meeting to help better explain this methodology. Should there be any additional monies available in the future, those monies would be returned to property owners. If the Town wanted to pursue a supplemental bond, procedurally, the Town would need to: 1. Adopt a Resolution of Intention to Make Acquisitions and Improvements and ask the District Engineer to draft a report. At the time of doing so, the Town Council will need to be able to direct the District Engineer on any cost savings, cost shiftings or project modifications it desires. (January 4) 2. Receive and preliminarily approve, the Engineer's Report and call for ballots. (January 18) 3. At least 45 days following the mailing of the notice of proposed assessments and the ballots, the Town Council would tally the ballots and with a majority vote consider approving the supplemental assessments. (March 15) 4. If the ballot is successful and the Town Council agrees, then following the 30 day challenge period, and cash payment period, the Town Council could authorize the sale of the supplemental bonds. (April 19) 5. With the bond closing, the Town Council could award a contract or contracts to Maggiora & Ghilotti. If started immediately, this entire process could be completed by May 2005. December 22. 2005 4 of 5 Town of Tiburon STAFF REPORT . . . . . . . . . ... . . . . . ... . . . ... . . RECOMMENDATION It is recommended that the Town Council take the following actions: a) Receive public comment; b) Consider the various proposals above to fund the difference between the existing bid and the funds available for construction of underground improvements, and direct Staff regarding which options to include. c) Adopt a Resolution of the Town Council of the Town of Tiburon of Intention to make Acquisitions and Improvements d) Direct Harris & Associates to prepare a supplemental Engineer's Report. e) Provide Staff with direction regarding contract negotiation with Maggiora & Ghilotti based the proposal submitted by Maggiora & Ghilotti. EXHIBITS A. Resolution of the Town Council of the Town of Tiburon of Intention to make Acquisitions and Improvements December 22, 2005 5 of 5 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS TOWN OF TIBURON Lyford Cove Utilitv UnderQroundinQ SUDDlemental Assessment District RESOLVED by the Town Council (the "Council") of the Town of Tiburon (the "Town"), County of Marin (the "County"), State of California, as follows: 1. Prior Proceedings. On May 21, 2003, this Council adopted Resolution No. 15- 2003 declaring its intention to order the making of the acquisitions and improvements described therein with respect to the Town's Lyford Cove Utility Undergrounding Assessment District (the "District"), and on February 2,2005, this Council adopted a resolution authorizing the issuance of limited obligation improvement bonds secured by assessments with respect to the District (the "Original Assessments"). On September 7, 2005, this Council adopted a supplemental resolution authorizing the issuance of an additional series of limited obligation improvement bonds secured by the Original Assessments. 2. Intention. The public interest, convenience and necessity require, and that this Council intends to order the making of, the acquisitions and improvements described in Exhibit "A" attached hereto and made a part hereof in and for the Town's proposed Lyford Cove Utility Undergrounding Supplemental Assessment District (the "Supplemental Assessment District"). 3. Law Applicable. Except as herein otherwise provided for the issuance of bonds, all of the work shall be done as provided in the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California (the "Act"). The Supplemental Assessment District shall constitute a supplemental assessment district to be established under Section 10426 of the Act. 4. Nature and Location of and Grades for Improvements. All of the work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. There is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on the plans, profiles and specifications. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work is shown on the plans to be done therein. The streets and highways are or will be more particularly shown in the records in the office of the County Recorder of the County and shall be shown upon the plans. 5. Change of Grade. Notice is hereby given of the fact that in many cases the work and improvements will bring the finished work to a grade different from that formerly existing, and that to the extent the grades are hereby changed and that the work will be done to the changed grades. 6. Work on Private Property. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on the private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, the work on private property shall, with the written consent of the owner of the property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which the work is to be done. 7. Official Grades. This Council does hereby adopt and establish as the official grades for the work the grades and elevations to be shown upon the plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of this Town. 8. Descriptions - General. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions as contained in the Supplemental Engineer's Report, hereinafter directed to be made and filed, shall be controlling as to the correct and detailed description thereof. 9. Special Benefit and Boundary Map. The contemplated acquisitions and improvements, in the opinion of this Council, are of more than general or ordinary public benefit, and the costs and expenses thereof are made chargeable upon the Supplemental Assessment District, the exterior boundaries of which are shown on a map thereof on file in the office of the Town Clerk, to which reference is hereby made for further particulars. The map indicates by a . boundary line the extent of the territory proposed to be included in Supplemental Assessment District and shall govern for all details as to the extent of the Supplemental Assessment District. 10. Public Property. This Council declares that all public streets, highways, lanes and alleys, and properties owned by any public agency or department of the United States of America, the State of California, the County, any city or special district, within the Supplemental Assessment District and in use in the performance of a public function shall be omitted from the assessment hereafter to be made; provided, however that to the extent found to be specially benefited, such lands shall be subject to assessment. 11. Supplemental Engineer's Report. The acquisitions and improvements are hereby referred to Harris & Associates, being a competent firm employed for the purpose hereof as Engineer of Work for the Supplemental Assessment District (the "Engineer of Work"), and the Engineer of Work is hereby directed to make and file with the Town Clerk a report in writing (the "Supplemental Engineer's Report"), presenting the following: (a) Maps and descriptions of the lands and easements to be acquired, if any; (b) Plans and specifications of the proposed improvements if the improvements are not already installed. The plans and specifications do not need to be detailed and are sufficient if they show or describe the general nature, location, and extent of the improvements. If the Supplemental Assessment District is divided into zones, the plans and specifications shall indicate the class and the type of improvements to be provided for each zone. The plans or specifications may be -2 - prepared as separate documents, or either or both may be incorporated in the Supplemental Engineer's Report as a combined document. (c) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances, or property are to be acquired as part of the improvements. (d) An estimate of the cost of the improvements and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the improvements, including any cost of issuing and registering the Supplemental Bonds. (e) A diagram showing, as they existed at the time of the passage of this Resolution, all of the following: (1) The ex1erior boundaries of the Supplemental Assessment District. (2) The boundaries of any zones within the Supplemental Assessment District. (3) The lines and dimensions of each parcel of land within the Supplemental Assessment District. Each subdivision, shall be given a separate number upon the diagram. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels. (f) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the Supplemental Assessment District in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvement (the "Supplemental Assessments"). The Supplemental Assessments shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (e). When any portion or percentage of the costs and expenses of the acquisitions and improvements is to be paid from sources other than the Supplemental Assessments (including without limitation the Original Assessments), the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the acquisitions and improvements, and the Supplemental Assessment shall include only the remainder of the estimated cost and expenses. 12. Use of Surplus. If any excess shall be realized from the assessment it shall be used, in such amounts as this Council may determine, in accordance with the provisions of the Act, for one or more of the following purposes: (a) Transfer to the general fund of this Town, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; - 3- (b) As a credit upon the assessment and any supplemental assessment or for the redemption of bonds, or both; or (c) For the maintenance of the improvements. 13. Contact Person. Patrick Echols, Director of Public Works/Town Engineer, is hereby designated as the person to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at Town Hall, 1505 Tiburon Blvd., Tiburon, California 94920, or by calling telephone number (415) 435-7388. 14. Contracts with Others. To the extent that any of the work, rights, improvements and acquisitions indicated in the Supplemental Engineer's Report, to be made as provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this Town, or of any public utility, it is the intention of this Council to enter into an agreement with such public agency or public utility pursuant to Chapter 2 (commencing with Section 10100) of the Act, which agreement may provide for, among other matters, the ownership, operation and maintenance by such agency or utility of the works, rights, improvements and acquisitions, and may provide for the installation of all or a portion of such improvements by the agency or utility and for the providing of service to the properties in the area benefiting from the work, rights, improvements and acquisitions by such agency or utility in accordance with its rates, rules and regulations, and that such agreement shall become effective after proceedings have been taken for the levy of the Supplemental Assessments and sale of bonds and funds are available to carry out the terms of any such agreement. 15. Supplemental Improvement Bonds. Notice is hereby given that serial and/or term improvement bonds (the "Supplemental Bonds") to represent unpaid Supplemental Assessments, and bear interest at the rate of not to exceed such rate of interest as may be authorized by applicable law a the time of sale of the Supplemental Bonds, will be issued hereunder in the manner provided by the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code (the "Bond Law"). The last installment of the Supplemental Bonds shall mature not to exceed 39 years from the second day of September next succeeding their date. The Supplemental Bonds shall be issued in such series and shall mature in such principal amounts at such times as shall be determined by this Council at the time of the issuance of the Supplemental Bonds. The provisions of Part 11.1 of the Bond Law, providing an alternative procedure for the advance payment and calling of bonds, shall apply to the Supplemental Bonds. It is the intention of this Council to create a special reserve fund pursuant to and as authorized by Part 16 of the Bond Law. It is the intention of the Town that the Town will not obligate itself to advance available funds from the treasury of the Town to cure any deficiency in the redemption fund to be created with respect to the Supplemental Bonds; provided, however, that a determination not to obligate itself shall not prevent the Town from, in its sole discretion, so advancing funds. 16. Refunding of Bonds. The Supplemental Bonds may be refunded pursuant to the provisions of Division 11.5 of the California Streets and Highways Code upon the determination of the Council of the Town that the public interest or necessity requires such refunding. Such refunding may be undertaken by the Council when, in its opinion, lower prevailing interest rates may allow reduction in the amount of the installments of principal and interest upon the Supplemental Assessments given to owners of property assessed for the works herein described. The refunding bonds shall bear interest at a rate not to exceed that - 4- which is stated in the resolution of the Council expressing its intention to issue the refunding bonds, which resolution of intention shall also set forth the maximum term of years of the refunding bonds. The refunding shall be accomplished pursuant to Division 11.5 (commencing with Section 9500) of the California Streets and Highways Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the Council finds that each of the conditions specified in the resolution of intention to issue the refunding bonds is satisfied and that adjustments to the assessments are on a pro-rata basis, the Council may approve and confirm the report and may, without further proceedings, authorize, issue and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5 of the California Streets and Highways Code. 17. Division 4. Reference is hereby made to proceedings had pursuant to Division 4 of t e Streets and Highways Code of California which are on file in the office of the Town Clerk. It is the intention of this Council to comply with Division 4 of the Streets and Highways Code of Cali ornia by proceeding under Part 7.5 thereof. To that end, the Engineer of Work is hereby dire ted to include in the Supplemental Engineer's Report all of the material specified by such Pa 7.5 and for which the total true value shall be estimated as the full cash value of the par els of land in the Supplemental Assessment District as shown on the last equalized ass ssment roll of the County, or alternatively, by means of a current appraisal on such terms as may be prescribed by this Council. 18. No Private Contract. Notice is hereby given that, in the opinion of this Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and therefore that, pursuant to Section 20487 of the California Public Contract Code, no notice of award of contract shall be published. 19. Professionals Appointed. The Town hereby appoints Jones Hall, A Professional Law Corporation, San Francisco, California, as bond counsel, and Wulff, Hansen & Co., San Francisco, California, as underwriter. The Town Manager and/or Town Attorney are hereby authorized and directed to enter into agreements with such firms for their services to the Town for the Supplemental Assessment District and the issuance, sale and delivery of the Supplemental Bonds. 20. Effective. This resolution shall be effective upon its adoption by the Council. ************ - 5 - PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon, State of California, on this day of , 2006, by the following vote to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS COUNCILMEMBERS MILES BERGER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK - 6- EXHIBIT A TOWN OF TIBURON Lyford's Cove Undergrounding Supplemental Assessment District DESCRIPTION OF IMPROVEMENTS Within the Town of Tiburon, (the "Town") County of Marin, State of California, the construction and acquisition of the following public improvements, including the acquisition of all lands, easements, rights-of-way, licenses, franchises, and permits and the construction of all auxiliary work necessary and/or convenient to the accomplishment thereof in accordance with plans and specifications to be approved by the Town: Within the area of the Lyford's Cove Supplemental Assessment District and in and along all or portions of Paradise Drive, Solano Street, Centro East Street, Spanish Trail, Agreste Avenue, Vista Del Mar Lane, Linda Vista Avenue, and Mar East Street, as more particularly shown on the proposed Boundary Map of the Lyford's Cove Supplemental Assessment District on file in the office of the Town Clerk, the installation of new, underground facilities to replace such utility lines, including all required removal of pavement, trenching, backfilling, repaving, installation of substructures, conduits, pull boxes, vaults and appurtenances and the removal of existing overhead electric, telephone and CATV utility lines, including existing, transformers and other overhead structures. A-1