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Home My WebLink AboutTC Agd Pkt 2005-02-16 .11 //t1AlJ?j Gf TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 February 16, 2005 7:00 PM - Closed Session 7:30 PM - Regular Meeting 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.cUiburon.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. " Agenda - Town Council Meeting February 16,2005 Page 2 of 4 AGENDA CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956(a)) Fenster v. Town Council, Planning Commission & Library Agency CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Gram, Councilmember Slavitz, Vice Mayor Smith, Mayor Berger ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS 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 and/or placed on a future Town Council meeting agenda. Please limit your comments to no more than three (3) minutes. INTRODUCTION OF NEW TOWN EMPLOYEE . Lynn Skillings, Public Works Aide ANNUAL REPORTS FROM BOARDS. COMMISSIONS & COMMITTEES . Marin-Sonoma Mosquito & Vector Abatement District - Tiburon Representative Roger Smith 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 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. 1. Approval of Town Council Minutes - February 2, 2005 2. Approval of Town Council Minutes - February 7, 2005 ,; l' Agenda - Town Council Meeting February 16, 2005 Page 3 of 4 3. Recommendation by Director of Administrative Services - Adopt Monthly. Investment Summary for January 2005 4. Recommendation by Director of Administrative Services - Adoption of FY 2003-04 Audit Report 5. Recommendation by Town Manager - Council-Staff Retreat Draft Goals for 2005 6. Recommendation by Administrative & Financial Analyst - Amend Hourly Rate Schedule for Town Staff Cost Recovery a) A Resolution of the Town Council of the Town of Tiburon Adopting a Revised Hourly Rate Schedule for Town of Tiburon Personnel 7. Recommendation by Town EngineerlDirector of Public Works - Application for Grant Funding for South Knoll Playground Renovation a) A Resolution of the Town Council of the Town of Tiburon Authorizing the Filing of an Application for the California Integrated Waste Management Board Funding for The South of the Knoll Playground Renovation REGULAR AGENDA 8. Recommendation by Director of Community Development - Request for Waiver of Processing! Annexation - Soda LLC PUBLIC HEARING 9. Recommendation by Town Manager - Amendment to Town Code Pertaining to Taxicabs Second Reading and Adoption of Ordinance a) An Ordinance of the Town Council of the Town of Tiburon Repealing Chapter 11 of Title III of the Tiburon Municipal Code and Adopting a New Chapter 11 Regulating Taxicab Operation b) A Resolution of the Town Council ofthe Town of Tiburon Authorizing the Marin Streetlight Joint Powers Authority to Assume Responsibility to Administer a Taxicab Regulation Program WRITTEN COMMUNICATIONS Town Council Weekly Digest - February 4, 2005 Town Council Weekly Digest - February 11, 2005 ADJOURNMENT To a meeting of the Tiburon Redevelopment Agency. 1(," ~ ""\. Agenda - Town Council Meeting February 16, 2005 Page 4 of 4 TIBURON REDEVELOPMENT AGENCY AGENDA CALL TO ORDER AND ROLL CALL .Boardmember Fredericks, Boardmember Gram, Boardmember Slavitz, Vice Chair Smith, Chair Berger APPROVAL OF MINUTES 1. Decem ber 1, 2004 BUSINESS MEETING 2. Adoption of Audit Report for Fiscal Year Ending June 30, 2004 ADJOURNMENT To the next regular Town Council Meeting scheduled for March 2, 2005. AGENDA ITEMS - Note: These items are tentative until they aooear on the final aaenda . Resolution Partially Upholding Appeal of Charles & Dales Sofnas of Design Review Board Decision to Approve a Site Plan and Architectural Review Application for Construction of a new Single Family Dwelling at 79 Round Hill Road- continued from November 17, 2004 - (March 2) . Appointments to Boards, Commissions & Committees - (March 2) . South Knoll Restroom Plans and Specifications - (March 2) . Greenwood Court Drainage Improvements Notice of Completion - (March 2) . Special Event Permit Application for Classic Car Show at Shoreline Park - (March) . Revisions to Street Impact Fee - (March) . Del Mar ValleyUndergrounding of Utilities Assessment District - Adoption of Preliminary Engineer's Report and Actions related thereto - (March) . Tiburon Glen Precise Development Plan . Proposed Erosion and Siltation Control Ordinance . Approval of Countywide Services JPA . Adoption of Updated Personnel Rules and Regulations 'TktU. /IA. / 0:..----' ~ TOWN COUNCIL MINUTES CALL TO ORDER Mayor Berger~ed the reiUJar mee . g ofthe Tiburon Town Council to order at 7:30 p.rn. on Wednesda February 2,2005, in own Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLLCALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith EX OFFICIO: Director of Administrative Services Bigall, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Echols, Chief of Police Odetto Prior to the regular meeting, beginning at 7:00 p.m., the Town Council met in closed session to discuss the following matters: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956(a)) Fenster v. Town Council, Planning Commission & Library Agency CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9(c)) [Property Dispute regarding Easement over a portion of 160 Gilmartin) Initiation of Litigation - Case name( s) withheld because disclosure would jeopardize existing settlement negotiations CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION (Section 54956(b)(3)(C) Name of Claimant: Kasey Boak, 1895 Mar West Town Council MinuteS # 03-2005 February 2, 2005 Page] ORAL COMMUNICATIONS Mayor Berger thanked the Town Council and Staff for the sympathy cards and flowers sent due to his father's death. ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Berger said that no action was taken on the matters discussed. CONSENT CALENDAR 1. Approval of Town Council Minutes - January 19,2005 2. Recommendation by Director of Administrative Services - Accept Second Quarter FY 2004-05 Financial Report 3. Recommendation by Advance Planner - Amend Solar Panel Policy to Comply with New State Legislation - Continued from January 19, 2005 Councilmember Fredericks read into the record proposed changes to the January 19, 2005 minutes. MOTION: To approve the Consent Calendar as amended. Moved: Smith, Seconded by Fredericks Vote: AYES: Unanimous REGULAR AGENDA 4. Recommendation by Director of Administrative Services - Lyford Cove Utility Undergrounding Assessment District Bond Issuance a) A Resolution ofthe Town Council ofthe Town of Tiburon Authorizing Issuance of Limited Obligation Improvement Bonds Director of Administrative Services Bigall reported that adoption ofthe proposed Resolution would authorize the issuance of Bonds for the purpose of constructing underground improvements in the Lyford Cove Utility Underground District. Mayor Berger asked for comments from the public; there were none. Town Council Minutes # 03-2005 February 2, 2005 Page 2 MOTION: To adopt the Resolution Authorizing Issuance of Limited Obligation Improvement Bonds Moved: Fredericks, seconded by Slavitz Vote: AYES: Unanimous PUBLIC HEARING 5. Recommendation by Fountain Plaza Committee - Selection of Artist Finalist for Construction of Fountain in Downtown Mayor Berger thanked all the members of the committee who worked on this project and to members of the community who took the time to comment on the proposed artwork. He noted the responses pointed to finding a location and funding for all three pieces, but the favored piece was "Coming Around". Councilmember Gram noted that in June 2004, the Council decided to take on the selection process of the downtown fountain after a previous attempt had failed to raise the necessary funds. Gram said that he and Mayor Berger worked on the subcommittee consisting of Jim and Jean Dietz, Donna Klein, Katherine and Angelo Servino, Alex McIntyre, Georgia Kirchmeier, Mogens and Mary Catherine Bach, Laleh Zelinsky and Steve Sears. He then introduced Donna Klein of the Heritage and Arts Commission who was responsible for the comment box. Ms. Klein reported there were 166 responses in the box and there was a clear majority who favored Coming About. She noted all the comments were very positive for all three artists. Council questioned the artist, Jeffrey Reed, to see ifthere was any warranty he could provide to the moving parts of the artwork. He responded that he was willing to offer a 5-year warranty for the mechanism that allows the movement of the artwork. He then briefly discussed the lighting for the piece and said that he had a lighting consultant who could determine if fiber optic lighting was a possibility. Mayor Berger opened the public hearing. Former Mayor and committee member Mogens Bach noted that the committee was hoping that the opinion cards would make the decision easy, and noted that the "Sharks" fountain was a close second. There being no further public comment, Mayor Berger closed the public hearing. MOTION: To select the "Coming About" entry as the finalist for the downtown fountain plaza. Moved: Gram, Seconded by Slavitz Vote: AYES: Unanimous Town Council Minutes # 03-2005 February 2, 2005 Page 3 6. Recommendation by Town Manager - Amendment to Town Code Pertaining to Taxicabs Introduction and First Reading of Ordinance a) An Ordinance of the T9wn Council of the Town of Tiburon Repealing Chapter 11 of Title III of the Tiburon Municipal Code and Adopting a New Chapter 11 Regulating Taxicab Operation Town Attorney Danforth reported that California Government Code requires the Town to adopt an ordinance regulating taxicab operations in the Town. She noted the ordinance before the Council proposed that the Marin County Street Light JP A Taxi Cab Regulation Program be the agency responsible for the Town's taxi cab regulations. Mayor Berger opened the public hearing. There was no public coinment. Mayor Berger closed the public hearing. MOTION: To read the ordinance by Title Only Moved: Fredericks, Seconded by Smith Vote: AYES: Unanimous Mayor Berger read, "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBUORN REPLEALINGBV THE EXISTING CHAPTER 11 OF TITLE III OF THE TOWN CODE AND ADDING A NEW CHAPTER 11 OF TITLE III REGULATING TAXICAB OEPRATIONS." MOTION: To pass first reading of above ordinance. Moved: Slavitz, Seconded by Smith V ote: AYES: Slavitz, Gram, Smith, Fredericks, Berger NOES: None WRITTEN COMMUNICATIONS Town Council Weekly Digest - January 21,2005 Town Council Weekly Digest - January 28,2005 Town Council Minutes # 03-2005 February 2, 2005 Page 4 ADJOURNMENT There being no further business before the Town Council ofthe Town ofTiburon, Mayor Berger adjourned the regular meeting at 8:18 p.m., to the next regular meeting scheduled for February 16,2005. MILES BERGER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 03-2005 February 2, 2005 Page 5 7 ~k "'- Ak. 2- --- TOWN COUNCIL MINUTES CALL TO ORDER Mayor Berge aIle(ft~" eeting of the Tiburon Town Council to order at 2:15 p.m. on Monda February 7, 2005, at ervino Ristorante, 9 Main Street, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Director of Administrative Services Bigall, Director of Public Works/Town Engineer Echols, Administrative/Financial Analyst Stott, Town Clerk Crane lacopi, Assistant Planner Krasnove, Advance Planner Bryant, Planning Manager Watrous, Deputy Director of Public Works lacopi, Assistant Superintendent of Public Works Davenport, Police Lieutenant Hutton, Building Official Bloomquist ORAL COMMUNICATIONS None. AGENDA The Council and Staff discussed the following matters and Council gave Staff direction on goals for the coming year. 1. Introduction by Mayor 2. Comments by Town Manager 3. Review and Update of Goals and Action Items from 2004 Retreat - McIntyre 4. Town Financial Presentation - McIntyre/Stott · Continuation of Trends · Impact of Proposed State Budget · Project priorities for General Fund Expenditures Town Council Minutes # 04-2005 February 7,2005 Page 1 ;?' 5. Proposed Merit Pay Program - Merit Pay Committee/McIntyre 6. Progress Report on the General Plan - Anderson/Bryant 7. Proposed Information Technology Strategy- Monterichard 8. Development of a Downtown Improvement/Enhancement Strategy - McIntyre/Bryant 9. Development of a Street Improvement Strategy - Echols · Policy on failing streets · Enhancing Road Impact Fee · Introducing Refuse Impact Fee · Paving streets in undergrounding districts · Funding future street programs (General Fund/Service Tax) 10. Update on the Undergrounding Districts - Echols · Complete Street Overlay · Removal of Street Lighting · Rwe 20 A Priority Policy 11. Specific Town Council and/or Staff items and concerns · Future Paradise Drive Development - Town/County Processing - AndersonlDanforth · Economic Exceptions - Danforth · Community Center - Slavitz/Fredericks · Recreation Master Plan - Fredericks · Legislation - Housing - Fredericks · Serial Building Permits/Length of Building Permits - Smith · MERA Update - Slavitz/Fredericks · Zelinsky Recognition - McIntyre · Committee Review, Reorganization and Consolidation - Slavitz · Banning Wood Burning Fireplaces - Berger · Re-Development of Multi-Use Path (MMWD) - Echols 12. Finalize Goals for 2005 13. Convene to Dinner ADJOURNMENT Town Council Minutes # 04-2005 February 7, 2005 Page 2 There being no further business before the Town Council of the Town ofTiburon, Mayor Berger adjourned the special meeting at 6:15 p.m., to the next regular meeting scheduled for February 16, 2005. ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 04-2005 MILES BERGER, MAYOR February 7, 2005 Page 3 Town of Tiburon STAFF REPORT AGENDA ITEM ?J TO: Mayor and Members of the Town Council Heidi Bigall, Director of Administrative Services k:}- FROM: SUBJECT: Monthly Investment Summary - January 2005 MEETING DATE: February 16, 2005 REVIEWED BY: kf TOWN OF TIBURON Institution/Agency Investment Amount Interest Rate Matu rity State of California Local Agency $10,501,123.90 2.264% Liquid Investment Fund (LAIF) Bank of America Other $100,000.00 1.75% May 2005 Total Invested: $10,601,123.90 TIBURON REDEVELOPMENT AGENCY Institution/Agency Investment Amount Interest Rate Maturity State of California Local Agency $919,385.25 2.264% Liquid Investment Fund (LAIF) Bank of America Other $0 Total Invested: $919,385.25 Notes to Table Information: 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. 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. "', , SUBJECT: Mayor and Members of the Town Heidi Bigall, Director of Administrative Services 1\f- Accept Annual Audit Report for Fiscal Year Ended June 30, 2004 February 16, 2005 Reviewed by: --# Town of Tiburon STAFF REPORT . '. . '. .' .'. '. . . . . '. .. .' .'. . . . TO: FROM: MEETING DATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attached are the Town of Tiburon Audited Financial Statements for the fiscal year ended June 30, 2004. The firm Nicholson & Olson conducted and completed the annual audit and is the first year they have provided these services to the Town. These statements have been revised to comply with Governmental Accounting Standards Board Statement No. 34 (GASB 34) and therefore will not be comparable to prior statements. The revisions of GASB 34 that were effective with municipal financial statements issued beginning June 30, 2004 have revised the presentation of the standardized fund grouping structure and now require the capitalization and depreciation of all infrastructure and other fixed assets. Previously, streetslroadways and drainage facilities were not recorded or depreciated in the Town's financial records, which the Town is now required to record and depreciate. The changes of GASB 34 are to the reporting format and not to governmental accounting. The above discussion is very generalized and does not go into detail with all the countless changes ingovernmental accounting, reporting, disclosure, and financial statement formatting and presentation that has transpired. Below is a brief explanation of the revised Financial Statement's presentation. Independent Auditor's Report - Paae 1 Self-explanatory . Manaaement's Discussion and Analvsis - Paa.es 3-9 This is a new section to the Town's audited financial statements, which is required by GASB 34. This includes further discussion on the revised financial statements and provides a good overview of the Town's finances. Basic Financial Statements - Pages 10-11 The consolidated Statement of Net Assets on Page 10 is presented on the accrual basis and is as comparable to the Balance Sheet of a private business entity as deemed possible by the GASB. The Statement of Activities on Page 11 distinguishes between program generated revenue and tax generated revenue and their comparative support of the Town's functions. This is intended to be compared to the Income Statement of a private business. ---- , Town of Tiburon STAFF REPORT . . _. . .-. . ..' ,....... . .. .. . .- . . . . .. . -...- . . Fund Financial Statements - Paoes 12-16 Although the presentation of funds has been restructured, this section is similar to past financial statements. Notes to the Financial Statements Most of this material is going to be very familiar. The notes to the financial statements contain information concerning Town partiCipation in the State Public Employees' Retirement System (PERS), the ABAG PLAN liability insurance pool, the Marin County Risk Management Association workers' compensation insurance pool, the joint powers agreement for recreation services (BT JRC), as well as information pertaining to long-term obligations including special assessment debt, bonds payable, and compensated leave payable. Auditor's Manaoement Report 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. RECOMMENDATION It is recommended that the Town Council accept the Report and audited Financial Statements of the Town of Tiburon for the Fiscal Year ended June 30, 2004. The formal bound copies of the annual audit will be provided prior to the Town Council meeting. Attachments 1. Report and General Purpose Financial Statements of the Town of Tiburon for Fiscal Year ended June 20, 2004 February 11, 200! page 2 of 2 . .... \ TOWN OF TIBURON California Annual Financial Report June 30, 2004 Town Council Alice Fredericks Miles Berger Tom Gram Jeff Slavitz Paul Smith Mayor Vice Mayor Member Member Member Appointed Officials Town Manager Alex Mcintyre Administrative Services Director Heidi Bigall TABLE OF CONTENTS INDEPENDENT AUDITOR'S REPORT....................................................................... 1-2 MANAGEMENT'S DISCUSSION AND ANAL YSIS (REQUIRED SUPPLEMENTARY INFORMA TION) ................................................. 3-9 FINANCIAL STA TEMENTS Basic Financial Statements: Government-wide Financial Statements Statement of Net Assets...........................................................................................1 0 Statement of Activities.............................................................................................. 11 Fund Financial Statements: Balance Sheet - Governmental Funds ........................................................................12 Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Assets................................................................................. 13 Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds .................................................................14 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities.................15 Statement of Fiduciary Net Assets - Fiduciary Funds ........................................ ..........16 Notes to the Financial Statements ........................................................................ 17-34 TABLE OF CONTENTS (continued) REQUIRED SUPPLEMENTARY INFORM A TION Schedule of Funding Progress - Defined Benefit Pension Plan ..................................35 Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - General and Special Revenue Funds ....................36 ADDITIONAL REPORTS Report on Compliance and on Internal Control over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards..............................37 INDEPENDENT AUDITOR'S REPORT Honorable Mayor Members of the Town Council Town of Tiburon, California We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the Town of Tiburon, California, as of and for the year ended June 30,2004, which collectively comprise the Town's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the Town's management. Our responsibility is to express an opinion on these financial statements based on 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 of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As described in Note 1, the Town has implemented a new financial reporting model, as required by the provisions of Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments, as of June 30, 2004. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the Town of Tiburon, California, asof June 30, 2004, and the respective changes in financial position and cash flows, were applicable thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. -1- Honorable Mayor Members of the Town Council Tiburon, California The management's discussion and analysis, budgetary comparison information, and schedule offunding progress as listed in the table of contents are not a required part of the basic financial statements but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Town of Tiburon's basic financial statements. The introductory section and other supplemental information as listed in the table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements. The other supplemental information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion is fairly stated in all material respects in relation to the basic financial statements taken as a whole. nic!wgon & Ogon Certified Public Accountants Roseville, California September 15, 2004 -2- Town of Tiburon Management's Discussion and Analysis This discussion and analysis of the Town of Tiburon's financial activities and performance provides an overview for the fiscal year ended June 30, 2004. Please read this in conjunction with the Town's financial statements, which follow this discussion and analysis. In this fiscal year, the Town implemented Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments; No. 37, Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments: Omnibus; and No. 38, Certain Financial Statement Note Disclosures along with related interpretations. The implementations of these new statements resulted in significant changes in the presentation of the financial statements. As a result, certain financial information is not comparable to prior years, and comparative information is not presented. However, comparative financial data will be provided in future years in the financial statements and in this discussion and analysis. Government-Wide Hiahliahts ~ The Government-Wide Statement of Net Assets appearing as the first statement of the Basic Financial Statements and summarized in this Management Discussion and Analysis, show the Town's assets to be $53.1 million, liabilities of $4.3 million and net assets of $48.8 million )- Total Town revenues were $7.7 million compared with total expenses of $6.7 million, resulting in an increase in net assets for the fiscal year ended June 30, 2004 of $1 million. )- The Town's net capital assets totaled $39.6 million at June 30, 2004, representing 74% of the Town's total assets. )- The Town's long-term debt totaled $3.5 million as of June 30, 2004, representing a decrease of $440,000 from the prior year. Fund Hiahliahts At the close of fiscal year 2004, the Town's governmental funds reported a combined ending fund balance of $12.7 million, which represents an increase of $1 ,014,978. - 3- Town of Tiburon Management's Discussion and Analysis OVERVIEW OF THE FINANICAL STATEMENTS This discussion and analysis is intended to serve as an introduction to the Town's basic financial statements. The Town's basic financial statements consist of three components 1) government-wide financial statements, 2) fund financial statements, and 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 The government-wide financial statements consist of a Statement of Net Assets and a Statement of Activities and Changes in Net Assets. These statements are designed to provide readers with a broad overview of the Town's finances, in a manner similar to a private-sector business. 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 Assets presents information on all of the Town's assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the Town is improving or deteriorating. The Statement of Activities and Changes in Net Assets presents information showing how the Town's net assets changed during the most recent fiscal year. All changes in net assets 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 revenues and expense reported in this statement may result in cash flows only in future fiscal periods, such as revenues 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: governmental funds, proprietary funds, and fiduciary funds. - 4- Town of Tiburon Management's Discussion and Analysis Governmental Funds Government 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 readily be converted to cash flow in and out and (2) the balances left at year-end that are available for spending. Consequently, the governmental funds statements provide a detailed short-term view that helps you 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 additional information at the bottom of the governmental funds statement, or on the subsequent page, that explains the relationship or differences between them. Proorietary funds: Services for which the Town charges customers a fee are generally reported in proprietary funds. Proprietary funds, like the government-wide statements, provide both long-term and short-term financial information. Fiduciary Funds Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government-wide finance 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 toa 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 an analysis concerning the Town's budgetary comparison schedules and PERS schedule of funding progress. - 5 - Town of Tiburon Management's Discussion and Analysis GOVERNMENT-WIDE FINANICAL ANALYSIS As this is the first year that the Town has presented its financial statements in accordance with GASB Statement No. 34, Basic Financial Statement-Management's Discussion and Analysis - for State and Local Governments, thus, comparative information is not available. In future years, when prior-year information is available, comparative financial data will be included in this report. Net Assets Net assets for the Town are summarized below and an analysis follows: Descriotion Total Governmental Activities Cash and Investments Capital Assets, Net Other Assets $ 11,384,693 39,564,975 2.149.277 Total Assets $ 53.098.945 Long-term debt, net Other liabilities $ 3,461,242 846.781 Total Liabilities $ 4.308.023 $ 36,367,675 4,104,679 8.318.568 Invested in Capital Restricted Unrestricted Net Assets $ 48.790.922 Net assets of $48,790,922 at June 30, 2004 consist primarily of the following elements: . Unrestricted cash and investments of $6,865,487 and restricted cash and investments of $4,519,206 , . Cash held by trustees of $491 ,862 . Accounts receivable of $315,657 . Notes receivable/Due from other funds of $1,351,501 . Net capital assets of $39,564,975 . Accounts payable of $463,827 - 6 - Town of Tiburon Management's Discussion and Analysis . Accrued liabilities of $364,112 . Refundable deposits of $36,842 . Net long-term debt totaling $3,461,242 Chanaes in Net Assets Changes in net assets for the Town are summarized below and an analysis follows: Total Governmental Activities Revenues: Program revenues: Charges for Services General Revenues: Taxes Intergovernmental Investment Earnings Franchise Fees Other Total Revenues $ 1,326,398 4,004,326 674,332 180,483 348,446 1.140.494 7.674.479 Expenses: General Government Police Services Community Development Public Works Capital Improvement Projects Debt Service Total Expenses 1,076,316 2,013,586 1,031,774 1,227,862 819,119 490.844 6.659.501 Change in Net Assets $1014978 Net assets increased $1,014,978 during the fiscal year ended June 30,2004. General Fund General Fund revenues of $6,288,094 increased by $99,617 since the previous fiscal year. General Fund expenditures of $5,180,192 increased by $329,740 over the previous fiscal year, due to an additional $277,777 in capital projects and the remainder related to personnel costs. - 7 - Town of Tiburon Management's Discussion and Analysis The General Fund balance at fiscal year end was $7,232,983 of which $2,613,732 was unreserved and undesignated; $4,119,251 was unreserved and designated and $500,000 was reserved. Analvsis of All Governmental Funds The following schedule presents a summary of general, special revenues, and capital projects fund revenues and expenditures for the fiscal year ended June 30, 2004 and the amount of increases and decreases in relation to prior year revenues and expenditures. Fiscal Fiscal Increase 2003 2004 (Decrease 1 Revenues: Program Revenues: Charges for Services $ 309,228 $ 377,429 $ 68,201 General Revenues Taxes - Property 2,109,183 2,241,311 132,128 Other Taxes 2,286,918 1,763,015 (523,903) Franchise Fees 335,589 348,446 12,857 Fines and Forfeitures 209,582 217,466 7,884 Interest Earnings 235,640 180,483 (55,157) Intergovernmental 1,338,782 674,332 (664,450) License and Permits 817,365 948,969 131,604 Other Revenue 966.418 923.028 (43.390) Total Revenues $ 8.608.705 $ 7.674.479 $ (934.226) Expenses: Town Administration $ 1 ,245,524 $ 1,076,316 $ 169,208 Community Development 877,611 1,031,774 (154,163) Public Safety 1 ,984,875 2,013,586 (28,711) Public Works 1,169,086 1,227,862 (58,776) Capital Projects 1,360,106 819,119 540,987 Debt Service: Principal 740,100 315,900 424,200 Interest 248,755 148,317 1 00,438 Other 26.627 (26.627) Total Expenses $ 7.626.057 $ 6.659.501 $ 966.556 - 8 - Town of Tiburon Management's Discussion and Analysis ECONOMIC OUTLOOK AND NEXT YEAR'S BUDGET The Town's adopted FY 2005 Municipal Budget projects a 4% decrease in overall revenues (and 8.4% in General Fund revenues) due primarily to the uncertainty surrounding the future of the State's budget. Given these revenue projections, the Town's spending will remain generally static over last year's; with an overall increase in General Fund expenditures of 9.7%. The most significant expenditure increase will be to the Town's employee retirement program, CaIPERS, which the Town will be paying into for the first time in recent memory. Other notable changes include increases resulting from previously negotiated compensation packages for union-represented employees as well as increases in many of the Joint Powers Agreements (JPA). CONTACTING THE TOWN'S FINANICAL MANAGEMENT This financial report is designed to provide the citizens, taxpayers, customers, investors, And creditors of the Town of Tiburon with a general overview of the Town's finances and to demonstrate the Town's accountability for the money it receives. If you have questions about this report or need additional information, contact the Town of Tiburon, Administrative Services department, 1505 Tiburon Boulevard, Tiburon, CA 94920. - 9 - TOWN OF TIBURON Government-wide Financial Statements Statement of Net Assets June 30,2004 Total Assets Total Governmental Activities $ 11,384,693 491,862 44,773 270,884 1,341,758 39,564,975 53,098,945 ASSETS Cash and investments Cash held by trustee Accrued interest receivable Other receivables Notes receivable Capital assets, net LIABILITIES Accounts payable Accrued liabilities Deposits Long-term liabilities: Due within one year Due in more than one year 463,827 346,112 36,842 662,498 2,798,744 Total Liabilities 4,308,023 NET ASSETS Invested in capital assets, net of -reHated debt Restricted Unrestricted 36,367,675 4,104,679 8,318,568 $ 48,790,922 Total Net Assets See accompanying notes to financial statements -10- TOWN OF TIBURON Government-wide Financial Statements Statement of Activities Year Ended June 30, 2004 Program Revenues Charges Grants Net Operating for and (Expense) Functions/Programs Expenses Services Contributions Revenue Governmental Activities: General government $ 2,108,090 $ 53,018 $ $ (2,055,072) Public safety 2,013,586 20,392 (1,993,194) Public works 1,227,862 1,252,988 25,126 Public improvements - capital outlay 819,119 401,501 22,802 (394,81.6) Interest on long-term debt 174,944 174,944 Total governmental activities $ 6,343,601 $1,902,843 $ 22,802 (4,417,956) General Revenues Property taxes Other taxes Franchises Fines and penalities Investment earnings Intergovernmental Other revenue 2,241,311 1,763,015 348,446 217,466 180,483 674,332 323,781 Total general revenues 5,748,834 Change in Net Assets 1,330,878 Net Assets - Beginning of Year 47,460,044 Net Assets - End of Year $ 48,790,922 See accompanying notes to financial statements -11- TOWN OF TIBURON Balance Sheet Governmental Funds June 30, 2004 Other Total General Tiburon St. Governmental Governmental ASSETS Fund Impact Fund Funds Funds Cash and investments $ 6,865,487 $ 770,061 $ 3,749,145 $ 11,384,693 Cash held by trustee 89,296 402,566 491,862 Accrued interest receivable 30,101 2,767 11 ,905 44,773 Other receivables 232,669 38,215 270,884 Due from other funds 9,743 9,743 Notes receivable 500,000 841,758 1,341,758 Total Assets $ 7,717,553 $ 772,828 $ 5,053,332 $ 13,543,713 LIABILITIES Accounts payable $ 106,566 $ 196,870 $ 160,391 $ 463,827 Accrued liabilities 346,112 346,112 Deposits 31,892 4,950 36,842 Due to other funds 9,743 9,7 43 Total Liabilities 484,570 196,870 175,084 856,524 EQUITY Reserved 500,000 3,604,679 4,104,679 Unreserved - designated 4,119,251 4,119,251 Unreserved - undesignated 2,613,732 575,958 1,273,569 4,463,259 Total Equity 7,232,983 575,958 4,878,248 12,687,189 Total Liabilities and Equity $ 7,717,553 $ 772,828 $ 5,053,332 $ 13,543,713 See accompanying notes to financial statements -12- TOWN OF TIBURON Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Assets June 30, 2004 Fund Balance - Total Governmental Funds Amounts reported for governmental activities in the statement of net assets are different because: Capital assets used in governmental activities are not financial resources and therefore are not reported in the funds: Governmental capital assets Less: accumulated depreciation $ 57,558,256 (17,993,281) Long-term liabilities, including bonds payable, are not due and payable in the current period and therefore are not reported in the funds: Accrued compensated absences Bonds payable (263,942) (3,197,300) Net Assets of Governmental Activities See accompanying notes to financial statements -13- $ 12,687,189 39,564,975 (3,461,242) $ 48,790,922 TOWN OF TIBURON Statement of Revenues, Expenditures and Changes in Fund Balances Governmental Funds Year Ended June 30, 2004 Other Total General Tiburon St. Governmental Governmental Fund Impact Fund Funds Funds REVENUES Property taxes $ 2,241,277 $ $ 34 $ 2,241,311 Other taxes 1,115,8.85 647,130 1,763,015 Franchises 348,446 348,446 Fines and penalties 217,466 217,466 Investment earnings 97,734 10,486 72,263 180,483 Intergovernment and agency 435,788 238,544 674,332 Licenses and permits 948,969 948,969 Charges for services 377,429 377,429 Other revenue 505,100 246,859 171 ,069 923,028 Total Revenues 6,288,094 257,345 1,129,040 7,674,479 EXPENDITURES Current - Town administration 1,023,875 1,023,875 Community development 806,074 225,700 1,031,774 Public safety 1,847,610 165,976 2,013,586 Public works 1,070,995 156,867 1,227,862 Legislative boards and commissions 52,441 52,441 Capital improvement projects 379,197 261,007 178,915 819,119 Debt service - Principal 315,900 315,900 Interest 148,317 148,317 Other 26,627 26,627 Total Expenditures 5,180,192 261,007 1,218,302 6,659,501 Excess (Deficiency) of Revenues Over (Under) Expenditures 1,107,902 (3,662) (89,262) 1,014,978 OTHER FINANCING SOURCES (USES) Operating transfers in 1,165,000 61,757 1,226,757 Operating transfers (out) (1,165,000) (61,757) (1,226,757) Total Other Financing Sources Excess (Deficiency) of all Revenues Over (Under) all Expenditures 1,107,902 (3,662) (89,262) 1,014,978 Fund Balances - Beginning of Year 6,125,081 579,620 4,967,510 11,672,211 Fund Balances - End of Year $ 7,232,983 $ 575,958 $ 4,878,248 $ 12,687,189 See accompanying notes to financial statements -14- TOWN OF TIBURON Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities Year Ended June 30, 2004 Net Change in Fund Balances - Total Governmental Funds Amounts reported for governmental activities in the statement of net assets are difference because: Capital outlay is an expenditure in the government funds financial statements, but the costs of those assets is allocated over their estimated useful lives as depreciation expense in the Statement of Activities. Capital outlay Depreciation expense $ 1,641,499 (880,599) Repayment of long-term debt principal is an expenditure in the government funds financial statement, ~ut the repayment reduces long-term liabilities in the statement of net assets. Repayment of principal portion of long-term debt Change in Net Assets of Governmental Activities See accompanying notes to financial statements -15- $ 1,014,978 760,900 (445,000) $ 1,330,878 fl TOWN OF TIBURON Statement of Fiduciary Net Assets . Fiduciary Funds June 3~, 2004 Via Hillhaven Cibrian Peninsula pt Tiburon Capistrano Underground Drive Library Miraflores CFD TPFFA AD TPFFA TPFF A TPFFA JPA AD Totals ASSETS Cash and investments $ 112,807 $ 10,021 $ 108,776 $ $ 27,568 $ 45 $ 259,217 Accrued interest receivable 406 36 391 2,716 3,549 Other receivables 670 78 225 973 TOTAL ASSETS $ 113,883 $ 10,135 $ 109,392 $ $ 30,284 $ 45 $ 263,739 LIABILITIES Accounts payable $ $ $ $ $ 30,284 $ $ 30,284 Other liabilities Total Liabilities 30,284 30,284 Net Assets held in trust 113,883 10,135 109,392 45 233,455 TOTAL LIABILITIES AND NET ASSETS HELD IN TRUST $ 113,883 $ 10,135 $ 109,392 $ $30,284 $ 45 $ 294,023 See accompanying notes to financial statements -16- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 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 Debt Note 8 - Interfund Loans Note 9 - Interfund Transfers Note 10 - Defined Benefit Pension Plan Note 11 - Post-Retirement Health Care Benefits Note 12 - Litigation Note 13 - Commitments and Contingencies Note 14 - Risk Management TOWN OF TIBURON Notes to Financial Statements June 30, 2004 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. The component units are discussed in the following paragraphs and are included in the Town's reporting entity because the Town is financially accountable for their operations. The- Tiburon Redevelopment Agency (the Agency) was established by the Town as a separate legal entity in accordance with state law. The purpose of the Agency is to encourage new investment and reinvestment within legally designated redevelopment areas in partnership with property owners. The Tiburon Public Facilities Financing Authority (the Authority) was established in 1990 pursuant to a Joint powers agreement between the Town and the Agency to assist in the clearance and rehabilitation of areas determined to be in a declining condition in the Town. Although the component units are legally separate from the Town, they are reported on a blended basis as part of the primary government because their boards consists of members of the Town Council. The componentunit financial statement may be obtained from the Town. The Town participates in three (3),joint power agencies through formally organized and separate entities. The financial activities of the Belvedere- Tiburon Joint Recreation Committee, the Bay Cities Joint Powers Insurance Authority ("BCJPIA") and the Association of Bay Area Governments ("ABAG") are not included in the accompanying financial statements, because they are administered by governing boards which are separate from and independent of the Town. -17- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 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 below: A. Basis of Presentation In June 1999, the GASB issued Statement No. 34, Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments. GASB Statement No. 34 is effective in three phases based on the public institution's total annual revenues in the fiscal year ending after June 15, 1999. The Town adopted the provisions of this statement along with GASB Statement No. 37, Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments: Omnibus (an amendment to GASB Statements No. 21 and No. 34), as of July 1, 2003. In June 2001, GASB issued Statement No. 38, Certain Financial Statement Note Disclosures, to revaluate certain existing disclosure requirements in the context of reporting model statement No. 34. The Town adopted the provisions of Statement No. 38 as of July 1, 2003. The Financial Statement presentation, required by GASB 34, 37, and No. 38 provides a comprehensive, entity-wide perspective of the Town's assets, liabilities, and replaces the fund-group perspective previously required. The Town now follows the "primary government's governmental activities" reporting requirements of GASB No. 34 that provides a comprehensive one-line look at the Town's financial activities. B. Government-wide and Fund Financial Statements The government-wide financial statement 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 revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. -18- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 2 - Summary of Significant Accounting Policies (continued) B. Government-wide and Fund Financial Statements (continued) The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include (1) changes 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, and other items not properly included among program revenues, are reported instead as general revenues. The accounts of the Town are organized on the basis offunds. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues, 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. In the fund financial statements in this report, the various funds are grouped into six generic funds within three broad fund types. They are as follows: Governmental Funds The General Fund is the general operating fund of the Town. It is used to account for all financial resources except those required to be accounted for in another fund. Fund Accounting 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 revenues 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. -19- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 2 - Summary of Significant Accounting Policies (continued) B. Government-wide and Fund Financial Statements (continued) 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, and other funds. Agency Funds are custodial in nature (assets equal liabilities), and do not involve measurement of results of operations. Trust Funds are used to account for assets held by the government in a trustee capacity. C. Basis of Accounting and Measurement Focus Basis of accounting refers to when revenues 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. Revenues are 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 revenues 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. Revenues are recognized when they become 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. Revenues from licenses, permits, fines and forfeits are recorded as received. Expenditures are recorded when the related fund liability is incurred. Fiduciary Fund revenues and expenses or expenditures (as appropriate) are recognized on the basis consistent with the fund's accounting measurement objective. -20- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 2 - Summary of Significant Accounting Policies (continued) C. Basis of Accounting and Measurement Focus (continued) 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 (net current assets) is considered a measure of "available spendable resources". Governmental Fund operating statements present increases (revenues 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. 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 balance sheets. Private sector standards of accounting and financial reporting issued prior to December 1, 1989, generally are followed in the government-wide financial statements to the extent that those standards do not conflict with or contradict guidance of the Governmental Accounting Standards Board. D. 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 revenues and expenditures/expenses during the reporting period. Actual results could differ from those estimates. E. Cash and Investments Cash and investments held in the Town'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. -21- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 2 - Summary of Significant Accounting Policies (continued) F. Receivables and Payables 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). Advances and loans to other funds are offset by a fund balance reserve in applicable Governmental Funds to indicate they are not available for appropriation, and are not expendable available financial resources. Property taxes - Article XIII of the California Constitution (Proposition 13) limits ad valorem taxes on real property to one percent of value plus taxes necessary to pay indebtedness approved by voters prior to July 1 , 1978. The Article also established the 1975/76 assessed valuation as the base and limits annual increases to the cost of living, not to exceed two percent, for each year thereafter. Property may also be reassessed to full market value after a sale, transfer of ownership, or completion of new construction. The State is prohibited under the Article from imposing new ad valorem, sales, or transaction taxes on real property. Local government may impose special taxes (except on real property) with the approval of 66.67% of the qualified electors. All property taxes are collected and allocated by the County of Marin to the various taxing entities. Property taxes are determined annually as of January 1 and attach as an enforceable lien on real property as of July 1. Taxes are due November 1 and February 1, and are delinquent if not paid by December 10 and April 1 0, respectively. Property, sales, use, and utility user taxes related to the current fiscal year are accrued as revenue and accounts receivable and considered available if received within 60 days of 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 assets. 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 revenues are recorded as receivables and revenues in the General, Special Revenue and Capital Projects Funds when they are received or susceptible to accrual. -22- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 2 - Summary of Significant Accounting Policies (continued) G. 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. H. Capital Assets Capital assets are reported in the applicable governmental activities column in the government-wide financial statements. Capital assets are stated at historical cost, when available,' and at estimated replacement cost when original cost was not available. Depreciation is recorded using the straight-line method over the estimated useful lives of the assets, which range from five to forty years. Donated assets are stated at estimated market value at date of donation. I. Compensated Absences Compensated absences represent the vested portion of accumulated vacation and sick leave. In accordance with GASB Statement No. 16, the liability for accumulated leave includes all salary-related payments that are directly and incrementally connected with leave payments to employees. 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. K. Long-Term Obligations In the government-wide financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable statement of net assets. 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. -23- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 2 - Summary of Significant Accounting Policies (concluded) L. Net Assets The Town's net assets are classified as follows: . Invested in capital assets, net of related debt - This represents the Town's total investment in capital assets reduced by any outstanding debt for these assets. · Restricted net assets - Restricted net assets include resources that the Town is legally or contractually obligated to spend in accordance with restrictions imposed by external third parties. · Unrestricted net assets - Unrestricted net assets represent resources derived from sources without spending restrictions. These resources are used for transactions relating the general operations of the Town, and may be used at the discretion of the governing board to meet current expenses for any purpose. 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 interested persons. 3. Prior to July 1, the budget is adopted through the passage of a resolution. 4. From the effective date of the budget, which is adopted and controlled at the department level, the amounts stated therein as proposed expenditures become appropriations to the various Town departments. The Town Council may amend the budget by resolution during the fiscal year. The Town Manager may authorize transfers from one object or purpose to another within the same department, and between departments within the General Fund. All appropriations lapse at year end. -24- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 3 - Stewardship, Compliance and Accountability (continued) Deficit Fund Eauity At June 30, 2004, certain funds had deficit fund equity balances as follows: Fund Deficit Balance Special Revenue Funds Police Supplemental Law Enforcement $ 741 Capital Projects Funds Del Mar Valley Construction Property Tax Development 840 3,003 Note 4 - Cash and Investments Cash and investments comprise the following: Less fiduciary funds cash and investments $ 173,006 491,862 11.482.878 12,147,746 (271.191 ) $ 11.876.555 Cash deposits Cash with fiscal agent Investments The Town follows the practice of pooling cash and investments of all funds except forfunds required to be held by outside fiscal agents under the provisions of bond indentures. Interest income earned on pooled cash and investments is allocated to the various funds based on average maintained balances. Earnings from cash with fiscal agents are credited directly to the related fund. Cash Deposits At year-end the total bank balance was $394,132. Of the bank balance, $100,000 was covered by the Federal Depository Insurance Corporation (FDIC), $294,132 was uninsured yet collateralized with securities held by the pledging financial institution at 110% of the deposits, in accordance with the State of California Government Code, but not in the Town's name. -25- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 4 - Cash and Investments (continued) Cash with Fiscal Agent Certain funds are required to be held by outside fiscal agents under the provisions of various bonds issues. Investments The Town's investments consist entirely of funds on deposit with the State of California Local Agency Investment Fund (LAIF). The investments with LAIF are not classified as to credit risk due to their diverse nature. All monies deposited with LAIF are stated at cost, which approximates fair value. Note 5 - Notes Receivable Notes receivable consist of the following at June 30, 2004. Developer (Cecilia Place Senior Housing) Town Manager Past Employee Marin County Housing Development Financing Corporation $ 643,185 500,000 57,140 151.176 $ 1.351.501 Developer (Cecilia Place Senior Housing) At June 30, 2004 the Agency has $643,185 in notes receivable due from Cecilia Place Homes Limited Partnership, a California limited partnership (the "Developer"). The notes are secured by a Deed of Trust, bear annual interest as defined and are due on March 31, 2027. The notes consist of the following: Notes receivable from Developer: Bears annual interest at 3% Interest free $ 439,149 204.036 $ 643.185 In fiscal 1997 , the Ecumenical Association for Housing completed the Cecilia Place Senior . Housing Improvement Project. The Agency's Housing Set;-Aside Fund funded a portion of the site and building construction improvements of the project. -26- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 5 - Notes Receivable (continued) Developer (Cecilia Place Senior Housing) (continued) In addition, the Agency loaned the Developer $339,149 for predevelopment and construction costs (the "Original Loan"). The Original Loan bears simple interest at 3% per annum, commencing on March 31, 1997, and is due thirty years after that date. The Agency later modified the Original Loan. In the First Modification to the Development, Disposition and Loan agreement ("DDLA"), the Agency increased the Original Loan amount by $412,373 (the "Supplemental Component"), which increased the principal amount of the loan to $751,522. The Supplemental Component was not intended to bear interest. The Second Amendment to the DDLA amended the interest rate provisions to make $100,000 of the Supplemental Component bear interest at 3%. Related Party In conjunction with the hiring of the Town Manager in September 2000, the Town provided a second mortgage secured bya deed of trust on the Town Manager's primary residence in the amount of $277,916. Effective September 1 , 2002, the Loan was amended whereby the Town refinanced the existing first and second deeds of trust, and a portion of a third deed of trust, up to a maximum total amount of $500,000. The amended loan is secured by a first deed of trust, and is payable in monthly (interest only) installments. The loan bears interest at the LAI Frate (up to a maximum of 5%) in effect for May and November of each year, and will be adjusted July 1st and January 15\ respectively, of each year. The rate at June 30, 2003 was 1.7%. The loan shall be fully due and payable when (1) the property for which the loan is made is no longer the Town Manager's primary residence, or (2) within six months of the Town Manager's termination of emp)oyment. At June 30,2004 the principal outstanding on the note was $500,000. This amount is recorded as a note receivable from related party in the General Fund. Past Employee On June 30, 1987, the Town loaned $89,500 to the then Assistant Town Clerk for the purpose of assisting with the purchase of a low and moderate income residence in Tiburon. Under terms of the note collateralized by a first deed of trust, the debt is payable in monthly installments including interest at 5.55% per annum for thirty (30) years. At June 30, 2004, the principal outstanding on the note was $57,140. This amount is recorded as a note receivable in the Low and Moderate Income Housing Capital Projects Fund. -27- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 5 - Notes Receivable (continued) Marin County Housing Development Financing Corporation During the fiscal year ended June 30, 1992, the Town advanced the Marin County Housing Development Financing Corporation (the "Corporation") $300,000 collateralized by a deed oftrust, for construction of three (3) additional housing units in the Bradley House complex. In March 1993, the Town and the Corporation finalized the $300,000 loan agreement, which called for varying annual payments beginning December 31, 1992 through December 31, 2009. These annual payments increased from $22,006 to $33,005 at various dates over the term of the loan agreement. The note bore interest at rates ranging from 3.965% to 11.550%. On March 24, 2003, the promissory note was amended, whereby the note bears interest at 5.25%, or 2% above the Local Agency Investment Fund rate, whichever is higher, and is adjusted monthly. At June 30, 2004 the principal outstanding on the note was $151,176. This amount is recorded as a note receivable in the Low and Moderate Income Housing Capital Projects Fund. Note 6 - Capital Assets A summary of changes in the Governmental Activities follows: Capital Assets Additions Dispositions $ 3,653,039 $ July 1 . 2003 $ 637,186 4,951,340 2,214,988 7,803,514 Land Building and improvements Furniture and equipment Infrastructure 136,055 45.965.648 49,754,742 (17.993.281) $ 31 761 461 $ Less accumulated depreciation $ 7.803.514 Note 7 - Long-Term Debt June 30.2004 $ 4,290,225 4,951,340 2,351,043 45.965.648 57,558,256 (17.993.281) $ 39.564975 Changes in long-term obligations and debt for the fiscal year ended June 30, 2004 are as follows: Compensated absences Bonds payable Special assessment debt Balance July 1. 2003 $ 258,653 895,000 2.748.200 $ 3.901 853 $ 5289 Additions $ 5,289 -28- Balance June 30. 2004 $ 263,942 765,000 2.432.300 $ 3.461.242 TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 7 - Long-Term Debt (continued) Bonds and special assessments debt payable at June 30, 2004 by individual issue, are as follows: Bonds pavable: Mark-Roos Local Bond Pooling Act (Tiburon Public Facilities 1996) (1) To Year 2015 Rate 5.11% - 6.00% Balance June 30. 2004 $ 765.000 (1) These bonds are collateralized by the revenues received by the Tiburon Public Facilities Financing Authority (UTPFFA") Special Assessment Debt: Linda Vista Assessment District, 1994-2 Gilmartin Drive Assessment District (Refunding, 1993-1 ) Main Street Assessment District Stewart Drive Assessment District 2011 4.50% - 6.50% 2007 2020 2029 6.32% - 6.70% 6.30% 3.25% - 5.30% $ 40,300 595,000 377,000 1.420.000 $ 2.432.300 Annual requirements to amortize all bonds and special assessment debt obligations outstanding as of June 30, 2004 are as follows: Fiscal Years Ending June 30. 2005 2006 2007 2008 2009 2010-2014 2015-2019 2020-2024 2025-2029 TPFFA Bonds $ 185,081 181,930 163,705 136,140 133,850 77,250 16,200 Less interest Balance as of June 30, 2004 894,156 (129.156) $ 765.000 Other Special Assessment Districts: Special Assessment Bonds $ 411 ,431 414,645 328,489 145,324 143,955 705,818 654,581 568,455 570.118 3,942,816 (1.510.516) $ 2.432.300 For the other special assessment and community facilities districts' bonds listed below, the Town acts as an agent in the collection of the bond repayment assessment, and accordingly unpaid principal balances at June 30, 2004 are not included in the Town's General Long-Term Debt Account Group. -29- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 7 - Long-Term Debt (continued) Other Special Assessment Districts: (continued) The unpaid balances at June 30, 2004 are as follows: Point Tiburon Community Facilities District 1985, Refunding Series 1990-1 Via Capistrano Assessment District, 1990-1 Hillhaven Undergrounding Assessment District, 1990-2 Due Serially Principal to Year I nterest Rate Remaining 2008 4.22% - 5.05% $ 542,000 2015 4.79% - 5.05% 136,000 2006 4.33% - 4.80% 109.000 $ 787.000 Note 8 - Interfund Loans Due From/Due to Other Funds comprise the following: Due To Other Funds $ 5,999 741 3.003 $ 9.743 Fund General Fund Public Facilities Financing Police Supplemental Law Enforcement Property Development Tax Due From Other Funds $ 9,743 $ 9.743 Occasionally, individual funds overdraw their share of the pooled cash resulting in a cash overdraft. The above overdrafts have not been recorded as a fund liability with offsetting receivables in other funds. Note 9 - Interfund Transfers Operating transfers comprise the following: Fund General Fund Capital Project Funds: Del Mar Valley Construction Lyford Cove A. D. Debt Service Funds: Del Mar Valley A. D. Lyford Cove A. D. Operating Transfers In $1,165,000 Operating Transfers Out $1,165,000 23,886 37,871 23,886 37.871 $ 1 226.757 $ 1.226.757 -30- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 10 - Defined Benefit Pension Plan Plan Description The Town of Tiburon contributes to the California Public Employees Retirement System (PERS), an agent multiple-employer public employee defined benefit pension plan. PERS provides retirement and disability benefits, annual cost-of-living adjustments, and death benefits to plan members and beneficiaries. PERS 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. Copies of PERS annual financial report may be obtained from their Executive Office, 400 lip" Street, Sacramento, California 95814. Funding Status and Progress Non-safety participants are required to contribute 7% of their annual covered salary, while public safety employees are required to contribute 9% of their annual covered salary. The Town makes the contributions required of Town employees on their behalf and for their account. The Town is required to contribute at an actuarially determined rate. The contribution requirements of plan members and the Town are established and may be amended by PERS. Annual Pension Cost For 2004, the Town's annual pension cost of $ 212,165 for PERS was equal to the Town's required and actual contributions. The required contribution was determined as part of the June 30, 2002 actuarial valuation using the entry age normal actuarial cost method. The actuarial assumptions included: a) 8.25% investment rate of return (net of administrative expenses) and b) projected annual salary increases of 3.75%. Both a) and b) include'd an inflation component of 3.5%. The actuarial value of PERS assets was determined using techniques that smooth the effects of short-term volatility in the market value of investments over a three-year period (smoothed market value). PERS unfunded actuarial excess assets is being amortized as a level percentage of projected payroll on a closed basis. The contribution rate for normal cost is determined using the entry-age normal actuarial cost method, a projected benefit cost method. It takes into account those benefits that are expected to be earned in the future as well as those already accrued. Significant actuarial assumptions used in the 2002 valuation to compute the actuarially determined contribution requirement are the same as those used to compute the pension benefit obligation as described above. -31- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 10 - Defined Benefit Pension Plan (continued) Historical trend information Three-year trend information gives an indication of the progress made in accumulating sufficient assets to pay benefits when due. Combined Fiscal Annual Pension Cost Percentage of Net Pension Year (APC) APC Contributed Obligation 6/30/02 $ 177,299 100% $ -0- 6/30/03 199,164 100% -0- 6/30/04 212,165 100% -0- Note 11 - Post-Retirement Health Care Benefits The Town sponsors health care benefits to certain retired employees until they become. eligible for Medicare Benefits. Employees of the Town may become eligible for these benefits when they reach normal retirement age while working for the Town. The Town recognizes the cost of providing these benefits by expensing the monthly insurance premiums. Post-Retirement benefits paid by the Town for the year totaled $6,361. Note 12 - Litigation The Town has been named in various claims and lawsuits in the normal course of business, including litigation with the Marin Emergency Radio Authority. The Town is vigorously defending these actions. The amount of liability, if any, at June 30,2004, with respect to these actions cannot be ascertained. Note 13 - Commitments and Contingencies The Town receives funding from a number of federal, state and local grant programs, principally the Community Development Block Grants. 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 these federal, state and local grant revenues is not assured in the future. -32- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 13 - Commitments and Contingencies (continued) On November 5, 1996, California voters approved Proposition 218 which limited the ability of the state's local governments to impose, increase, and extend taxes, assessments, and fees. This applies to all taxes, assessments, and fees enacted or increased on or before January 1, 1995. The Town is resolved to set forth procedures for bringing existing and new assessments, taxes, and fees into conformity with this law. Note 14 - Risk Management General liability The Town participates in the Association of Bay Area Governments ("ABAG"), a Joint Exercise of Power Agency. ABAG PLAN provides the Town with $7 million of coverage for general liability claims, in excess of $50,000 of loss per occurrence (claim). For those claims below $50,000 per occurrence, the Town is self-insured. ABAG hold umbrella liability coverage up to $7 million per single occurrence. Plan members may receive rebates when so declared byABAG, or in the event excess liability claims exceed available resources members may be required to make additional contributions. The Town's contribution to the ABAG PLAN for the fiscal year ended June 30, 2004 was $91,016. 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 city or town and there is an annual election for the executive committee positions. Financial statements may be obtained from ABAG, 101 Eighth Street, P. O. Box 250, 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). Claims expenditures and liabilities are reported when it is probable that a loss has occurred and the amount of that loss can be reasonably estimated. BCJPIA was created 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 city or town. -33- TOWN OF TIBURON Notes to Financial Statements June 30, 2004 Note 14 - Risk Management (continued) Workers' compensation (continued) The workers' compensation fund is self-insured for the fist $250,000 of loss per accident; excess coverage policy is provided by an outside insurance carrier up to statutory limits. The Town currently reports all of its risk management activities in its General Fund. Claims expenditures and liabilities are reported when it is probable that a loss has occurred and the amount of that loss can be reasonably estimated. During the year ended June 30, 2004, the Town paid $53,677 for current year coverage and did not receive a rebate from the program. -34- REQUIRED SUPPLEMENTARY INFORMATION REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Honorable Mayor Members of the Town Council Town of Tiburon, California We have audited the financial statements of the Town of Tiburon as of and for the year ended June 30, 2004, and have issued our report thereon dated September 15, 2004. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the Town of Tiburon's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Town of Tiburon's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended for the information and use of management, Town Council, federal awarding agencies, and the Office of the Controller of the State of California and is not intended to be and should not be used by persons other than these specified parties. niclwgon & Ogon Certified Public Accountants September 15, 2004 -37- STAFF REPORT AGENDA ITEM s- l Town of Tiburon TO: Mayor and Members of the Town Council FROM: Alex D. Mcintyre, Town Manager ~ SUBJECT: Council-Staff Retreat Draft Goals for 2005 MEETING DATE: February 16, 2005 Below you will find a summary of the goals for the coming year resulting from the Council-Staff retreat held on Monday, February 7,2005. . Develop and implement a customer service survey for the purpose of measuring customer satisfaction with its interaction with Town staff. . Through the 2005-2006 Budget development process, produce a General Fund Priorities project listing. · Develop and submit for Town Council consideration a Merit Pay Program for mid- managers and Department heads. . Adopt the General Plan. · Present to the Town Council for consideration an Information Technology Strategic Plan. · Affirm Town Council prioritization of Rule 20A public utility undergrounding funds. · Develop and submit for Town Council consideration a utility undergrounding policy for street resurfacing and repair. . Develop and submit for Town Council consideration a variety of street improvement funding mechanisms. · Identify replacement light standards along Tiburon Boulevard. · Explore a policy for evaluating takings claims by developers. · In cooperation with the Joint Recreation Department, initiate development of a Recreation Master Plan that will initially focus on community recreation assets and opportunities with the ultimate quest of exploring opportunities for development of a Community Center. · Research and report to Town Council possible mechanisms to limit "serial building" projects. STAFF REPORT .. Town of Tiburon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Develop for Town Council consideration a "Policy Regarding Reduction of Fines" imposed during the administrative citation enforcement process. . Develop for Town Council consideration a revised definition of "Floor Area" to be applied to new applications. . In conjunction with the Mayor and Vice Mayor of Belvedere and Tiburon, identify an appropriate memorial and/or celebration for Ed Zelinsky. . Introduce for Town Council consideration an ordinance addressing/limiting new wood burning fireplaces. Recommendation It is recommended that the Town Council review these goals as submitted, make any modifications as necessary, and approve these goals for implementation by staff in the coming year. February 9, 2005 Page 2 of 2 Town of Tiburon STAFF REPORT AGENDA ITEM o . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. ........... TO: MAYOR & MEMBERS OF THE TOWN COUNCIL SUBJECT: BRIAN M. STOTT, ADMINISTRATIVE & FINANCIAL ANALYST REVISED HOURLY RATE SCHEULE RESOLUTION ~ FEBRUARY 16, 2005 REVIEWED BY:~ FROM: MEETING DATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Town of Tiburon recovers a portion of its operating expenses through the imposition of fees recovered for staff time. The hourly rate fees are set forth in the Town's Hourly Rate Schedule, currently Resolution No. 02-2004, which was adopted on January 21, 2004. The Town periodically reviews its Hourly Rate Schedule for appropriate adjustments and this report constitutes one such periodic review. Adjustments are recommended for the Town's Hourly Rate Schedule. The draft Hourly Rate Schedule is attached to Exhibit 1. Hourly rates represent the cost to the Town of each employee in terms of salary and benefits. The revised schedule reflects salary and benefits increases since the previous update in 2004. RECOMMENDATION It is recommended that the Town Council adopt the new Hourly Rate Schedule EXIDBITS 1. Resolution adopting a revised Hourly Rate Schedule for the Town of Tiburon personnel /- RESOLUTION NO. XX-2005 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A REVISED HOURLY RATE SCHEDULE FOR TOWN OF TIBURON PERSONNEL WHEREAS, the Tiburon Municipal Code requires that any changes to the Town's filing and processing fees be set forth by Resolution of the Town Council, and WHEREAS, it is the intent of the Town Council that such fees be used to reimburse the Town for the costs of providing the services for which the fees are assessed, thereby maintaining productive and efficient service levels commensurate with the work demands within the Town's various departments, and WHEREAS, from time to time it is necessary to revise these fees to reflect actual costs incurred by Town personnel in the normal course of its operation and according to its obligations to administer State statutory requirements under the authority of Town ordinances, and WHEREAS, the Town's current fee program charges by hourly rate for processing certain applications and performing certain services, as set forth in the adopted Fee Schedules of the Town of Tiburon; said hourly rates being set forth in Resolution 02- 2004; and WHEREAS, increases in salary and benefits of some Town Officials have occurred since adoption of Resolution 02-2004, causing it to be in need of revision; and WHEREAS, the Council wishes to ensure that the Town recovers from project applicants the cost of all services that the Town provides by adopting this resolution and by requiring all project applicants to enter into agreements providing for the advance deposit of estimated fees; the further payment of any required fees in excess of the deposit; and the refund of any portion of the deposit not expended in the processing of the application; and WHEREAS, the Town of Tiburon has provided required notice and held a public hearing pursuant to state law and local ordinances; and Tiburon Hourly Rate Schedule 1 Effective XXlXX/2005 WHEREAS, the Council finds that the hourly rate schedule established by this resolution will not exceed the cost of the services to be provided. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt the Hourly Rate Fee Schedule for Town of Tiburon Personnel, attached hereto as Exhibit A, said Hourly Rate Fee Schedule to become effective 60 days from the passage of this resolution and supersede Resolution No. 02-2004. All applicants for permits that may be subject to the fees adopted by this Resolution shall be required to enter into agreements with the Town for the payment of said fees. Town Department Heads and their designees are hereby authorized to negotiate and execute said agreements on behalf of the Town, subject to the approval of the Town Attorney. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on February XX, 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: MILES BERGER, MAYOR Town of Tiburon ATTEST: DIANE CRANEIACOPI, TOWN CLERK Tiburon Hourly Rate Schedule 2 Effective XX1XX12005 Exhibit "A" HOURLY RATE FEE SCHEDULE FOR TOWN OF TI)3URONPERSONNEL ADMINISTRATNE SERVICES HOURLY RATE Town Manager Town Attorney Director of Administrative Services IT Coordinator Town Clerk Financial & Administrative Analyst Office Assistant III $125.90 $109.29 $79.42 $71.24 $61.77 $61.47 $45.95 COMMUNITY DEVELOPMENT Director of Community Development Planning Manager Advance Planner Assistant Planner Planning Secretary Building Official Building Inspector Building Permit Clerk Records Management Clerk $91.28 $72.15 $67.60 $55.24 $45.95 $67.82 $60.41 $50.42 $48.20 POLICE DEPARTMENT Police Chief Police Lieutenant Police Sergeant Police Officer Police Service Aide Police Secretary $103.54 $83.10 $73.59 $64.79 $42.37 $47.01 PUBLIC WORKS Director of Public Works Deputy Director of Public Works Assistant Superintendent ofPW Public Works Foreman Maintenance Worker II Maintenance Worker I Administrative Aide $104.49 $74.30 $61.22 $54.53 $47.74 $46.94 $45.95 NOTES: 1. Hourly rate adjustments not to exceed 5% may be adopted annually, without a public hearing, based on Town Council approved salary and benefit adjustments. Any annual adjustments to this Hourly Rate Schedule exceeding 5% shall require a public hearing. 2. This annual adjustment clause is valid for no more than five years from the first day of the fiscal year (July 1) nearest to its adoption date. Additional adjustments beyond that date shall require adoption of a revised hourly rate schedule following a public hearing. '~ \ Town of Tiburon STAFF REPORT AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RECOMMENDATION It is recommended that the Town Council adopt the attached resolution authorizing the filing of an application by the Town Engineer for California Integrated Waste Management Board grant funding for the South of Knoll Playground tot lot renovation. EXHIBIT Resolution Subject February 9, 2005 2of2 ~. .." Town of Tiburon STAFF REPORT " :; AGENDA ITEM TO: Mayor and Members of the Town Council FROM: Pat Echols, Director of Public Worksl Town Engineer SUBJECT: Adopt Resolution for California Integrated Waste Management Board Playground Cover Grant Application MEETING DATE: February 16, 2005 REVIEWED BY: BACKGROUND AND DISCUSSION The Town is currently pursuing the renovation of the South of Knoll Playground tot lot. In March of 2003, the South of Knoll Playground subcommittee was formed by the Parks & Open Space Commission to assist staff with generating renovation plans and identify funding sources to raise the estimated $70,000 needed to successfully complete the renovation. Through the sale of commemorative tiles and donations, over $35,000 has been raised to date. Additional funding commitments are pending and other potential funding sources are being pursued. One of the requirements of renovation is to bring the facility up to current playground safety and accessibility standards, including replacement of the existing sand surface with an accessible surfacing. The California Integrated Waste Management Board (CIWMB) sponsors a grant program which provides funding for playground surfacing composed of California recycled tires. The City of Belvedere recently utilized this program as part of their new playground project. Staff has prepared a grant application for consideration by the CIWMB as it affords the opportunity to provide needed funding towards the playground renovation as well as use a product containing recycled materials. The $12,000 (maximum allowable) grant request was submitted to the CIWMS on December 8, 2004. In order to be awarded the grant, the Town must provide a local match of at least $6,000. In order for the application to be deemed complete, the Town Council must adopt a resolution authorizing the Town Engineer to submit an application to the CIWMB as well as execute all necessary applications, contracts, agreements, amendments, and payment requests for the purpose of securing grant funds. The resolution must be received by the CIWMB by March 1, 2005. . , .~ ~ }!J-r(s .... 0'1 ""fi. ,lj~o .~ ~(~ :c~~}:=?tl.. ~\ ,. ,'''' ,_.~ .-.~:-. ".0 :~~:~~;~~<<" . 09'NfA\~c..:,:. , . 2/11/2005 1 of 2 A , , RESOLUTION NO. XX-2005 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON AUTHORIZING THE FILING OF AN APPLICATION BY THE TOWN ENGINEER FOR CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD GRANT FUNDING FOR THE SOUTH OF THE KNOLL PLAYGROUND RENOVATION WHEREAS, Senate Bill 876 (Escutia, Statutes of 2000, Chapter 838) authorized the California Integrated Waste Management Board to establish a grant program to provide opportunities to divert waste tires from landfill disposal, prevent illegal tire dumping, and to promote markets for recycled-content waste tire products; and WHEREAS, the California IntegratedW aste Management Board has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by California cities, counties, city and county, special districts or political subdivisions thereof, and Federally recognized California Indian tribes; and WHEREAS, said procedures established by the California Integrated Waste Management Board require the. applicant to certify by resolution approval of the application before submission of said application to the State; and WHEREAS, if awarded a grant, the applicant will enter into an agreement with the State of California for development of the proj ect. NOW, THEREFORE, BE IT RESOLVED, that the Town of Tiburon authorizes the submittal of an application to the California Integrated Waste Management Board for FY 2004-05 Waste Tire Playground Cover Grant. The Town Engineer/Director of Public Works of the Town of Tiburon is hereby authorized and empowered to execute in the name of the Town of Tiburon all necessary applications, contracts, agreements, amendments and payment requests hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, State of California, held on the 16th day of February, 2005 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: MILES BERGER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 1 of 1 TOWN OF TIBURON STAFF REpORT Date: ITEM NO. MEETING DATE: 2/1612005 MAYOR & MEMBERS OF THE TOWN COUNCIL SCOTT ANDERSON, DIRECTOR OF COMMUNITY DEVELOPMENT r REQUEST FOR WAIVER OF PROCESSING/ANNEXATION: SODA PROPERTY (FORMER UPPER KILGORE PROPERTY); 20.95 ACRES UPSLOPE OF PARADISE DRIVE IMMEDIATELY SOUTH OF SEAFIRTH ESTATES; LANDS OF SODA, LLC, OWNER; SCOTT HOCHSTRASSER, APPLICANT; ASSESSOR PARCEL 39-301-01 FEBRUARY 10, 2005 r To: From: Subject: BACKGROUND From time to time, the Town receives requests from owners of property located in the unincorporated portions of the Town of Tiburon sphere of influence to waive or defer application processing and annexation. Such requests may either be 1) referred to the Lands and Development Committee ofthe Town Council for a recommendation to the full Town Council, or 2) heard by the full Town Council without referral to the Committee. This request is being forwarded directly to the Town Council for consideration. Lands of SODA, LLC is the owner of a 20.95-acre parcel of land fronting Paradise Drive in the unincorporated Paradise Drive area of the Tiburon Peninsula (see location map attached as Exhibit 1). This property was owned for many decades by the Kilgore family, and is designated "C-2 Kilgore" in the Tiburon General Plan Vacant Land Inventory. The property is designated for a maximum density of 0.4 dwelling units per acre in the Tiburon General Plan, corresponding to a maximum potential of eight (8) units. The property is contiguous to the Town of Tiburon along its south and west property lines, which together comprise approximately 40% of the lineal footage of the property's perimeter. Staff believes that the Rabin family, owners and residents of an adjacent 30-acre parcel at 3825 Paradise Drive, own a controlling interest in SODA, LLC. The owners have filed land development applications with the County of Marin that request the creation of eight (8) single family lots on the property. The Marin County Community Development Agency has indicated that pursuant to its Countywide Plan policies, the Town of Tiburon has the "right of first review" to processthe development applications and to require initiation of annexation proceedings. The specific policy is Policy CF -1.4 of the Marin Countywide Plan, which states as follows: Tiburon Town Council Staff Report 2/16/2005 1 CF-1.4: Development of Unincorporated Land. Prior to development of vacant unincorporated lands within an urban services area, the unincorporated territory should seek annexation to the city, unless the city signifies that it does not desire to annex the lands at that time. The "urban services area" referenced above is coterminous with the Town of Tiburon Sphere of Influence in this area. In order to conform to this policy, the County of Marin requires applicants, as part of application completeness process, to submit a letter from the affected municipality stating whether or not it wishes to process the applications and annex the property. The property owners' representative has submitted a letter (Exhibit 2) requesting that the Town signify that it does not desire to annex the property at this time and so inform the County of Marin in writing. PROPOSAL A site plan showing the approximate proposed lot layout filed with the County of Marin is attached as Exhibit 3. Lots would all be 1.5 acres in area, with about 8.5 acres of private open space and a 0.5 acre tennis court area making up the balance of the acreage. The overall density of development would be 0.38 units per acre. Access to seven of the lots would be from an existing "fire road" intersecting Paradise Drive that would be improved to roadway status. The eighth lot would have access from an existing driveway that provides access to the Rabin home located at 3825 Paradise Drive in the Town of Tiburon. The development applications currently on file with the County of Marin include a Master Plan, Precise Development Plan, and Vesting Tentative Subdivision Map. Trailing permits would include a Final Subdivision Map, Subdivision Improvement Drawings, Design Review and Building Permits for each home. PREVIOUS TOWN POLICY ON ANNEXATION OF PROPERTY IN THE AREA The subject property and others in the immediate vicinity have generated considerable Town of Tiburon correspondence over the years regarding annexation. The Town's consistent position from 1992 through the most recent correspondence in April 2001 was that any development plan encompassing the entire property should be required to annex and should be processed by the Town of Tiburon. Following release ofthe Town of Tiburon-Paradise Drive Prezoning Study and Assessment of Financial Feasibility and Municipal Fiscal Impacts report, dated September 1996, concerns regarding the cost of providing Town services to the annexed area (primarily the cost of maintaining Paradise Drive and the drainage facilities within it) have become a very large factor in the Town's decision-making process on annexations, and waivers have become commonplace for developed lots and vacant lots not capable of subdivision. The issue of annexing a large sub-dividable property has not faced the Town Council since April 2001, when the Town Council reiterated its earlier decision (in March 2000) not to waive the "right of first review" for the Sorokko (Lower Kilgore) property, which is located directly across Paradise Drive from the SODA property. Tiburon Town Council . Staff Report 2/16/2005 2 TOWN ACTION ON OTHER PROPERTY REQUESTS FOR WAIVER The Town's 1989 General Plan goals and policies call for annexation of all unincorporated territory within the Tiburon Planning Area/Sphere of Influence. There is flexibility within these policies whereby the Town can make exceptions. In recent years, the Town has made decisions on a case-by-case basis, sometimes waiving annexation, sometimes requiring it, and sometimes deferring it to a future time of the Town's choosing. Under current General Plan policies, the Town has within the past 15 years: . Waived annexation of the Sky Road Estates project (Strawberry) . Waived annexation of the Eagle Pointe project (Strawberry) . Waived annexation of the Kilgore property Lot Split (Paradise Drive) . Deferred annexation (by recorded agreement) of the Lower Smith property Lot Split (Paradise Drive) . "V-! aived annexation of a vacant lot on Mar East Street (Paradise Drive) . Required annexation ofthe Old Landing Road Area (Paradise Drive) . Refused to waive processing of the Winter Lot Split (Paradise Drive), which was shortly thereafter annexed to Tiburon as part of the Old Landing Road Annexation. . Deferred annexation (by recorded agreement) of 3636 Paradise Drive (failed septic) . Deferred annexation (by recorded agreement) of a vacant lot on Mar East Street (Paradise Drive) . Argued that the Martha Company property development applications be processed by the Town of Tiburon . Annexed the Cypress HollowlRancho Drive/Barn Road area in response to overwhelming property owner desire to annex . Deferred annexation (by recorded agreement) of the 50-acre BRC property off Paradise Drive (former DakinIBank of California property). The agreement has since become void. . Deferred annexation (by recorded agreement) for thirty (30) separate single family lots (mostly with existing homes) located in the Paradise Drive/Teaberry Lane vicinity. The recent approval of numerous annexation deferments in the Paradise Drive vicinity occurred after the Marin Local Agency Formation Commission (LAFCO) revised its dual annexation policy to reduce the power of a municipality to successfully achieve annexation when a property annexes to another public service provider such as a sanitary district. LAFCO now has clear authority to waive or defer application of its dual annexation policy in virtually all instances, at its Board's discretion. Since the revision of the dual annexation policy, two applicants for development of major unincorporated properties in the Tiburon Sphere of Influence (Martha Company and Sorokko) have withdrawn applications on file with the Town of Tiburon and pursued applications with the County of Marin. SODA filed its development applications directly with the County of Marin in September 2002, and seeks annexation to Sanitary District No.5 without concurrent annexation to the Town of Tiburon. Staff believes that waiving the "right of first review" in this particular instance would likely establish a precedent that would be difficult to reverse in the future. Under that scenario, development of virtually all the large undeveloped properties in the unincorporated Paradise Drive area would likely occur under Tiburon Town Council Staff Report 2/16/2005 3 County of Marin jurisdiction. Once the properties are developed, requests for annexation by the new owners/residents could be expected, as was the case with the Cypress Hollow subdivision. When reviewing annexation proposals on a case-by-case basis, the current Tiburon General Plan lists the following factors for consideration: 1. Land use implications (including Town of Tiburon versus County of Marin control of development approvals; density of development; location and pattern of development; access points; and impact on properties currently within the Town). 2. Economic implications for the Town, including extension of Town services to the site. 3. Resident and property owner sentiment. Policies proposed in the Town's draft General Plan take a more cautious and realistic view of the Paradise Drive annexation issue. Those draft policies, while not analyzed in this report, are listed on attached Exhibit 4. A brief analysis of the factors listed in the current ( applicable) General Plan relative to this waiver of annexation request is provided below. ANALYSIS 1. Land use implications. ---. Town control over land use decisions: Obviously, the Town would exert greater control over development of the property ifit were processed by and annexed into the Town. If the County of Marin processes the application, the Town would retain the ability to review and comment on the applications, but would have no decision-making authority. In recent years, the County of Marin has been very cooperative toward, and supportive of, reasonable Town of Tiburon requests and suggestions concerning development proposals. This is made easier by the fact that the Tiburon General Plan (1989) and the Marin Countywide Plan (1994) have more similar development policies and densities than was the case prior to 1994. However, Town Staffs knowledge of a project, and the relative priority of review, is lessened when the applications are not processed by the Town. The County's Community Development Agency recently indicated in a letter (Exhibit 5) dated December 22,2003, that it would consider development of the SODA property to be appropriate at "rural zoning levels", signaling that development at higher densities than "rural" should be pursued through the Town of Tiburon. "Rural" could be interpreted as meaning the lower end ofthe Countywide Plan's density range of 0.1 to 1.0 units per acre. The SODA application requests a density of 0.38 units per acre. An approved density of 0.2 units per acre would yield four (4) units. Density and Location and PaUern of Development: The Town of Tiburon General Plan and Marin Countywide Plan designations are as follows: Tiburon Town Council Staff Report 2/16/2005 4 Town ofTiburon: L (Low Density Residential; up to 0.4 units/acre) County of Marin: PR (Planned Residential; 1 unit/l-lO acres; with a Ridge & Upland Greenbelt Overlay Zone over the upper half of the property) The zoning designation for Marin County is RMP-O.4 (Residential Multiple Planned, 0.4 units per acre). Probable Town of Tiburon prezoning would be RPD-O.4 (Residential Planned Development & Open Space, up to 0.4 units per acre). The Town and County procedures for review and approval of development are similar, although the County of Marin allows applications for subdivision map to be processed concurrently with the zoning (Master/Precise Plan) approvals. The Town of Tiburon requires a subsequent process for the subdivision after the zoning approvals have been secured. The Town and County also have very similar policies concerning the location and pattern of development. The County has policies that encourage "clustering" to a stronger degree than Tiburon policies. Most Paradise Drive residents preferred the "clustering" approach to development in the area during the lengthy public meetings held on the Paradise Drive Visioning Plan in 1997-99. The proposed project appears to be a "lightly clustered" design that sets aside less than 50% of the land area for open space. Town and County policies seek to protect ridgeline areas, although different approaches are used. Attempting to predict the difference between projects approved by the Town of Tiburon versus the County of Marin would be speculative; however, Planning Division staff opines that the difference in the number of units eventually approved would probably not exceed one or two units. Impacts on properties already within Tiburon: This project has considerable immediate impact on properties already within Tiburon because of its relatively high visibility from surrounding areas and the general lack of dense screening vegetation. Town residents of Seafirth Estates would be most directly affected because the primary access roadway is close to that subdivision, and the construction directly above it. Other affected Tiburon residents would be those at Norman Estates, Acacia Drive, and Gilmartin Drive. Construction traffic would need to pass through Tiburon (probably via Trestle Glen Boulevard), but then would remain on Paradise Drive or private driveways the remainder ofthe way to the site. Sewage Systems: The applicants propose annexation of the propertyjnto Sanitary District No.5, and are actively participating in the effort to convert the Paradise Cove Treatment Plant into a storage and pumping facility and route all treatment of effluent to the District's main plant on Mar West Street. 2. Economic implications. Cost/Revenue Balance: The addition of up to eight (8) homes to the Town of Tiburon would not in and of itself significantly affect public expenditures or revenues. However, it seems certain that the Town would be required to annex all of Paradise Drive along the property frontage. Any public improvements within the subdivision accepted from the developer (such as roads, drainage facilities, land or easements requiring regular maintenance) would also have Tiburon Town Council Staff Report 2/16/2005 5 cost/revenue implications for the Town. Given the low revenue generated for the Town of Tiburon by residential development under current tax laws and agreements, the cost/revenue implications would almost surely be negative over the long run from annexation. Cost/revenue implications could be adverse should the Town be required to accept the Paradise Drive right-of-way along the property frontage, which is currently the responsibility of the County of Marin. LAFCO's Executive Director has indicated that the agency's policies would require that Paradise Drive along the full frontage (0.42 miles) of the SODA property be annexed to the Town of Tiburon if the property itself were annexed. The Paradise Drive right-of-way south of Trestle Glen Boulevard suffers occasional slides and sloughs with considerable price tags for repair. The Town of Tiburon-Paradise Drive Prezoning Study and Assessment of Financial Feasibility and Municipal Fiscal Impacts report, dated September 1996, revealed the high cost of maintaining Paradise Drive in comparison to revenues accruing from annexation of residentially-developed property. The Tiburon Public Works Director recently estimated the costs of bringing the 4.46 miles of Paradise Drive from the Corte Madera Town limits to the Tiburon Town limits in Old Tiburon to an acceptable condition as follows: Total Resurfacing Cost: $1.5 million Total Slide Repair Cost: $2.1 million Storm Drain Repairs: $0.5 million TOTAL COST $4.1 million The County of Marin official in charge of street maintenance, in a meeting last year, informed Town Staff that the County doesn't have the money to maintain Paradise Drive, and that it is gradually deteriorating with no monetary relief in sight at the county level. Town Staff estimates that annual recurring revenue from annexation of the subject property (when fully developed) would be approximately $15,000. Direct Town costs, other than those associated with maintaining Paradise Drive, are more difficult to estimate but would probably be fairly low assuming the roadways accessing the lots remain privately-maintained. The Town Council has previously expressed concern that incremental annexations can draw limited resources away from existing Town neighborhoods and facilities, and that the community benefits of annexation need to be weighed against the obligations assumed. This concern is generally reflected in proposed draft General Plan Policy LU-25 (see Exhibit 4). Based on a site visit of the Paradise Drive segment that fronts the SODA property, and using prior information on file, the Town Engineer has roughly estimated that the annual cost of routine maintenance of this segment would be on the order of$8,000-$10,000 per year. Long- term costs include rehabilitation of pavement ($160,000), drainage facilities ($40,000) and slope stabilization ($50,000). In comparison to other segments of Paradise Drive south of Trestle Glen Boulevard, the portion fronting the SODA property was in surprisingly decent condition. Tiburon Town Council Staff Report 2/16/2005 6 Extension of Town Services to the Property: In addition to Paradise Drive maintenance by Tiburon Public Works Department, extension of Town services would involve Police Department, Community Development, and Town Administration services. The Tiburon Police Department already serves the nearby Seafirth Estates neighborhood and the addition of eight homes nearby would not have a dramatic effect, although the Police Department has previously expressed concern about the gradual potential degradation of existing police services and response times as a result of continued annexations. The ability to provide (and pay for) public services to an area is a major factor in LAFCO's review of any annexation request. While the responsibility and expense of maintaining Paradise Drive would be a factor in any LAFCO decision regarding annexation, it should be noted that actual maintenance and service would not likely deteriorate if the Town of Tiburon took over the roadway, as the County of Marin provides only minimal maintenance of the roadway currently and for the foreseeable future, unless a new revenue source is found. LAFCO could well decide that creating rational boundary lines and efficiency of service provision may outweigh any minor differential in roadway maintenance that could result from annexation of the property to the Town of Tiburon. 3..:.- Property Owner and Resident Sentiment. Property Owner Sentiment: The owners have clearly indicated that they do not desire to have the development applications processed by the Town of Tiburon. Staff is not aware that there is the same level of opposition to annexation following development of the property [by which time the land would likely be held by others]. Resident Sentiment: There are currently no residents on the subject property, which is undeveloped. Surrounding residents and neighborhood associations have been sent notice of the hearing on this item (Exhibit 6). SCENARIOS FOR FUNDING MAINTENANCE OF PARADISE DRIVE ) ~-S /. 7 (lJ-C)t\ . As the Town Council is aware, maintenance of the public street system requires a greater expenditure of funds than has been committed by, or available to, the Town in recent decades. Tiburon's existing streets are experiencing a slow deterioration (to a current average pcr of 62), while at the same time the projected costs of deferred maintenance are increasing. The Town's current Pavement Management Program indicates that doubling the Town's current street repair expenditures from $500,000 to $1,000,000 annually would cause the average pcr to rise from 62 to 70 by the year 2007, but deferred maintenance costs would continue to rise (from $7.3 million to $8.1 million by year 2007). The Town Council is considering a range of options for increasing the Town's annual commitment to street maintenance and improvement. Councilmembers and Town Staff have been working over the past few years with County of Marin officials to agree upon a cost-sharing system of maintenance ofPar~dise Drive that would allow Town to proceed with annexation of the Paradise Drive area without absorbing the full Tiburon Town Council Staff Report 2/16/2005 7 maintenance costs ofthe street. These Town efforts have not reached fruition to date, but continue to proceed apace. Town Staff met with County of Marin Public Works personnel and the LAFCO Executive Director in 2004 to discuss options for maintenance funding of Paradise Drive. The County painted a very grim picture of ongoing deterioration and lack of maintenance of Paradise Drive, stating that sufficient funds for maintenance have not existed for many years and that there is currently no plan, vision, or anticipated revenue source at the County level for reversing that situation. Among the several ideas discussed for a viable long-term maintenance solution, only two showed substantial promise for being effective. These were: I) Formation of an assessment district for the Paradise Drive area, possibly through a Community Services Area, and possibly encompassing other public utility improvements and services such as water, sewer, and fire suppression. 2) Passage of a bond measure or parcel tax involving street maintenance. Either option presents a major challenge to securing approval. OPTIONS FOR WAIVER REQUEST Staff has identified three primary options with respect to the SODA waiver request: 1. Deny the applicant's request and send a letter to the County of Marin urging that it enforce its Countywide Plan policy and offer the Town of Tiburon right offirst review of the development applications. This would set the Town on a course of firmly pursuing annexation ofthe property and Paradise Drive along its frontage. 2. Indicate to the County of Marin that the Town would agree to County of Marin processing of the development applications provided that the property owner, County of Marin, and Town of Tiburon enter into a memorandum of understanding, or similar document regarding development and annexation, which would provide Tiburon a meaningful role in the project review and approval process. 3. Grant the applicant's request for waiver of application processing in favor of the County of Marin. The grant could be made on a conditional basis, including that the property owner first enter into an agreement running with the land that provides for future annexation by the Town, at an appropriate time, without opposition from the property owner(s). If the Town Council selects the third option, staff recommends that the letter to the County of Marin [and LAFCO] include some very strong direction regarding, but not limited to, the following: a. Approving densities at a "rural zoning level". Tiburon Town Council Staff Report 2/16/2005 8 b. Agreeing to future participation in a roadway-related assessment district regarding Paradise Drive. c. Limiting access to existing driveways/roadways to the maximum extent feasible, and improving those as needed for traffic safety. d. Limiting the visibility of homes to help preserve the rural character described in the Paradise Drive Visioning Plan. e. To the extent possible, coordinate access points with potential access points to the Sorokko (lower Kilgore) property across Paradise Drive. RECOMMENDATION This is strictly a policy decision. All options have potential advantages and disadvantages for the Town of Tiburon. Established policy has been for the Town of Tiburon to pursue development permit processing and annexation of large undeveloped parcels in the Paradise Drive unincorporated area which are seeking "buildout" densities and which are subject to the dual annexation policy. EXHIBITS 1. Vicinity Map. 2. Letter from Scott Hochstrasser dated September 23,2004. 3. Site Plan dated 9/16/2002. 4. Draft General Plan annexation policies. 5. Letter from County of Marin Community Development Agency dated December 22, 2003. 6. Notice and mailing list. SODA waiver request tcreport.doc Tiburon Town Council Staff Report 2/16/2005 9 ~ ~ ; ~ Il; !il ~ ~ ~ J ~ 71 i f~ I: F ~ rJl o ~ ~ ~ ~ ~I ~ ~ ::0 --3 -< !~ RACcooN 8TRArrs ~ o n > ~ ~ o z ~ > ~ EXHIBIT 1 ,. Scott L. Hochstrasser IP A, Inc. 3727 Forest Gate Drive* Iowa City, IA 52240 USA * Tele(3l9) 354-3290 * Fax 354-3051 * E-Mail slhlipa@aol.com 42 Glen Drive, Suite B * Fairfax, CA 94930 USA * Tele(4l5)459-6224 * Fax 459-5810 September 23,2004 Mr. Scott Anderson, Community Development Director Town ofTibuorn 1505 Tiburon Boulevard Tiburon, CA 94920 RE: SODA Master Plan, Precise Development Plan and Vesting Tentative Map (APN 039-301-01 near 3800 Paradise Drive) Dear Scott; I want to thank you and Dan Watrous for meeting with Gary Ragghianti and me to discuss Town annexation policies. As you know from our discussions, the subject property is currently located on Paradise Drive in the unincorporated Marin County jurisdiction. The property is also located in the Town ofTiburon sphere of influence (SOl) and within the greater Town of Tiburon planning area. The property is currently located outside the service boundary of Sanitary District #5 and must be annexed to the District for sewer service when it is developed. Generally, the County, and LAFCO policy encourage annexation of vacant property proposed for development to a municipality if the land is located within the SOl and urban scale development is proposed. The purpose of the various policies is to encourage "urban scale" development to locate within the boundaries of a municipality so that urban services may be provided more efficiently and in a more organized manner. As we have discussed, the Countywide Plan encourages annexation when "urban scale" development is proposed for vacant land. Even though the subject project is designed to maintain rural level development density, and county policy allows rural level subdivision applications to be processed, the Town staff in their October 17, 2002 letter requested that the County direct the applicants to formally approach your Council for clarification on the matter of annexation before the County will accept the application as complete. Accordingly, in the spirit of cooperation the purpose of this letter is to formally request that Tiburon Town Council review and comment on this matter. Background In September 2002 representatives for the owners of the SODA property submitted a Master Plan, Precise Development Plan and Vesting Tentative Map application to the County of Marin seeking approval for a land subdivision of 20+ acres of vacant land. In October 2002 the County Community Development Agency sent a "Notice of Project Status" which included a number of information items needed in order to process the applications. Over the past several months the project sponsor and his consultants have been working on a detailed response to the long list of additional information items requested by the County. One of the items listed included approaching the Town Council to explore the Town's possible interest in annexation of the subject property. The County's Notice of Project Status included a letter from the Town staff indicating that the Town would most likely be interested in annexation of the property because of past actions the Council took on other property in the immediate vicinity. It turns out that the property the Town staff referred to in their October 2002 letter (Sorroko) has since elected to pursue development in the County of Marin. Additionally, shortly after the staffletter of October 2002 the residents of the Town voted, in November 2002, to reject an Open Space Initiative that would have significantly reduced land development densities in the Town and the Town's SOL During public debates on the these matters the Town Council made it very clear that it had no intention of annexing our client's property and other properties in the Paradise Drive area because of the potential services costs involved and the limited revenue that might be expected from development. Requested Action Based on the Town General Plan policy which sets the threshold for Council action when considering annexation, and based on 1 EXHIBIT NO. ~ public discussions which occurred at the Council back in November 2002 and, based on the property owners interest in maintaining a rural level of development in the County, the owners continue to pursue approvals in the County. Accordingly, by this letter it is requested that the Council act in accordance with the Town General Plan policy (Annexation Policy LU-5. Paradise Drive Area South of Trestle Glen) based on the following facts, and vote to waive any interest in annexation and report this action in writing to the County of Marin. Findings of Fact - Draft Resolution for Town Council to Consider for Waiver of Annexation of SODA Property Whereas the Town ofTiburon has adopted a General Plan and implementing programs for annexation oflands in the Paradise Drive Area South of Trestle Glen (Policy LU-5, and Whereas the policy specifies a list of criteria for determining when and under what circumstances annexation is appropriate, and Whereas the SODA property owners are not desirous in effecting annexation to the Town of Tiburon at this time, and Whereas the SODA property development plan is consistent with rural levels of development specified in the Marin Countywide Plan and the zoning density specified in the Town ofTiburon General Plan, and Whereas the Town ofTiburon Council finds that annexation of the subject property would be inconsistent with Town, County and LAFCO policy at this time based on the following findings of fact: I. The property owner is not interested in annexation to the Town ofTiburon at this time and 2. Based on previous studies, (1998/99 Financial Feasibility Studies) annexation of the property would not generate adequate revenue to offset the costs of providing service especially given that the subject property has over 700 linear feet of Paradise Drive frontage, and annexation would include repair and maintenance responsibility for Paradise Drive, and 3. Town services to the site would be limited to government administration, police protection and road maintenance because special districts provide water, sewer and fire protection, and 4. Cost implications of service for police protection and Paradise Drive road repair and maintenance would likely exceed the Town revenue from property taxes. Now therefore be it resolved, the Town of Tiburon Council hereby waives rights of interest in annexation of the subject property and will seek to work closely with the County of Marin on land use matters during the County of Marin application process. Conclusion In accordance with Town and County staff direction, owners of the SODA property seek Town Council action on the question of annexation of the subject property. Based on the findings and facts presented, annexation of the subject property at this time would be inconsistent with the Town General Plan policy LU-5 and could have unknown cost implications and impacts on Town services. Accordingly, the SODA property owners seek to continue processing their applications at the County of Marin and request that the Town ofTiburon waives any interest in annexation at this time. Finally, in the interest of time we request that this matter be set on the Town Council agenda for the earliest possible time available. Please contact project counsel, Gary T. Ragghianti, or me if you have questions regarding this matter. Thank you in advance for your immediate attention to this matter. Sincerely, Scott L. Hochstrasser CC: Gary T. Ragghianti Irving Rabin David Warner Ben Berto 2 I I I I I I I I I I I , I I c E g. 1 o ... c o .... - .>, '" '" ~ - -=i- @~ '\041 '" ~@ [~~ ~ ". "<. "" .<>.... '\ :--. "- ~\ "- ~ . "- oS' ~"- +260' ~....,.. . '\ I ...,p. .. '.,.:'\ "- ::: "'''10' "- J ....,..~ "N ~~, '''-,1 '- ( I : I l I ~ I I I;" l I G:? CI) : ~ I I~ Il- 1-'" Ire I!j! I", / I I I / I I I . -- ..------......... @4 LEGEND \BBREVlA llONS , tlt SYMBOLS I'roportyIM Lot 1M 10' Contour L-. T... Dr\> L-. 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(.) 0.... ........... 13- c.. c 0 '" 0 ~ U c: Q) .<;; > " ....- ::0 0 5 ....- C I Q) 5 I- ..., I O"l 0> ..., :@ 0 Z (I) D.. Q) c( > ........... C 0 0.... '- (lJ ....- (fJ 0 ~ @ ~ ~ @5 I :; J &>~ '" .Il :; ~) . Drown MLT Design ed MLT Checked MPG Dote 09-16-02 Scale None -- Destination tourist facilities and commercial recreation uses be carefully regulated to preserve convenient use of co ercial services, harbors, shorelines, local transportation, and p . g facilities. Waterfront LU-23: The Town recogniz and wishes to preserve its bay and waterfront as significant ources and shall closely consider the sensitivity of its coastal en nment through the application review process, and shall encoura maximum feasible access to the waterfront, as called for in the San Francisco Bay Conservation and Development Co . sion's (BCDC) San Francisco Bay Plan, and where not in. co with other public uses or with private uses which are of public be fit. LU-24: The Town supports BCDC policies regarding "filling 0 e bay" and "shoreline public access" for land and water areas BCDC's jurisdiction. ~ Annexation To facilitate the orderly provision of urban services, the Marin LAFCO has adopted a Dual Annexation Policy, which states that when urban services are provided to unincorporated land, concurrent or subsequent annexation to a municipality is required if the land is located within the municipality's Sphere of Influence. The TiburonPlanning Area includes two distinct Annexation Areas which are also within the Town's Sphere of Influence. See Figure 2.5-1 for the location of the annexation areas. The unincorporated area along Paradise Drive is an "island," referring to the fact that the area is surrounded on all sides by the incorporated Town of Tiburon. Paradise Drive remains the location of most of the undeveloped land on the Tiburon Peninsula. Properties along Paradise Drive are the most likely to be annexed to the Town of Tiburon, through application of the Dual Annexation Policy. However, with annexation the cost of maintaining Paradise Drive would be an enormous drain on the Town's General Fund. Therefore, the Town will need to cooperate with the Marin LAFCO and the County of Marin to develop a financing plan which does not result in the Town's inability to provide or maintain . TIBURON 2020 Town ofTiburon Draft General Plan February2005 2. Land Use Element Page 2-18 q. EXHIBIT NO. critical public services such as road maintenance and adequate drainage facilities. The Eagle Rock/Bay Vista area connects the western boundary of Tiburon's corporate limits with u.s. Highway 101. With the exception of two multi-acre properties, this area is essentially built-out. Because the Eagle Rock/Bay Vista area is contained within the County of Marin Strawberry Community Plan area, it is less likely that this area would be annexed to the Town of Tiburon. LU-25: The Town shall, through prezoning and annexation processes, add land to the Town when such action will materially enhance the community or substantially further the goals and policies of the General Plan. LU-26: The Town recognizes that the unincorporated Paradise Drive area is an "island" completely surrounded by the Town of Tiburon and that the area is functionally a part of Tiburon, and therefore supports the annexation of the area into Tiburon at /such time as annexation is viable. LU-27: The Eagle Rock/Bay Vista area could provide benefits to Tiburon, including the accommodation of new affordable housing, additional commercial . properties, and more direct influence regarding Tiburon Blvd./Highway 101 interchange issues. Therefore, the Town would consider annexation of this area during the planning period. LU-28: Factors to be considered in annexation requests include: resident/ property owner interest, cost/revenue and other fiscal implications, the nature and extent of necessary infrastructure, streets, parking, utilities and other facilities~ and the feasibility of extending Town services to the annexation area without adversely affecting levels of service provided to current Town residents and property owners. LU-29: Timing of annexation of property shall be determined, or recorded future annexation agreements shall be required early in the development review/entitlement process. . . TIEURON 2020 Town ofTiburon Draft General Plan February 2005 2. Land Use Element Page 2-19 LU-30: Annexation requests may be processed by the Marin Local Agency Formation Commission (LAFCO) concurrently with development applications by the Town. LU-31: The Town shall pre-zone property consistent with this General Plan when annexation is imminent or when the Town deems prezoning timely and appropriate. LU-32: The Town supports the LAPCO's Dual Annexation Policy, including longer-term implementation through future annexation agreements when immediate annexation is not appropriate. --- 'Inter-Agency Coordination \ tl.{-33: The Town shall coordinate its land use and zoning plans with "'''-" the County of Marin, Strawberry Community, the City of .,..,.., Belvedere, Town of Corte Madera, LAFCO, and other agencies '~d jurisdictions to. provide for more effective' comprehensive pl~g. " '. ',- " LU-34: The Town'-.shall work constructively with LAFCO to retain an '- . appropriate S~ere of Influence (SOl) for Tiburon. . "" LU-35: The Town shall w~ with the County of Marin to approve projects within the 'fi1?uron Sphere of Influence that are consistent with the Town~''I?olicies and compatible with nearby land uses in Tiburon. ~'" LU-36: The Town shall encourage the ~ to manage Angel Island State Park in a way that protects ~ natural character and preserves the historic resources of the islan~ "-~. LU-37: The Town supports the Reed Union School D1$ict and the Tamalpais Union School District and encourages ~ovision of neighborhood-accessible school facilities. ~ Update of General Plan LU-38: The Town shall review this General Plan periodically and shall revise the plan approximately every ten (10) to fifteen (15) years, or as necessary to ensure the relevance of its goals, policies, and . . TIBURON 2020 Town ofTiburon Draft General Plan February 2005 2. Land Use Element Page 2-20 I ~ ~ ;: !:: ~ ~ ~ ~ .........-....~..... ~~ ...~~..:.....:......:......:......:::.:~,... -(~ ........ ...-... ......... ~. , . . , .'...( ..... MARIN COUNTY COMMUNITY DEVELOPMENT AGENCY ALEx HINDS, DIRECTOR December 22, 2003 Scott Anderson, Community Development Director 1505 Tiburon Boulevard Tiburon, CA 94920 RE: Sorokko Land Division and Master Plan, APN 039-302-01; S.O.D.A. Subdivision, Precise Development Plan, and Master Plan, APN 039-301-01 Dear Scott: I am writing as a follow-up to your recent discussions with County staff regarding the status of the above projects in relation to Countywide Plan urban service area (USA) policies and dual annexation policies administered by the Local Agency Formation Commission (LAFCO). This letter is also intended to clarify our project referral to the Town for review and comment. Both projects are within the USA of the Town of Tiburon, which means that projects are subject to USA policies in the CWP. The two projects are directly across Paradise Drive from each other for a substantial portion of their frontages. As you know, the Sorokko project previously processed by the Town included a request to annex to Sanitary District No.5, which triggered LAFCO dual annexation policies requiring the property to also be annexed to the Town. However, the applicants have informed County staff that they have withdrawn their application with the Town (the Town's request to modify their project, and their failure to do so or proceed further with the application constitute de facto withdrawal of their application). The project was subsequently filed with the County. The applicants are apparently unable at this time to annex and connect their sewerage to Sanitary District No.5. Staff has confirmed that the nearest sewer lines are private, with no estimates for whether or when they might be taken over by the Sanitary District. The applicants therefore represent that LAFCO's dual annexation policies are not applicable to their project. Staff has requested that the applicants' attorney clarify their legal position with respect to annexation and the applicability of LAFCO's dual annexation policies, with the understanding that the permit applications will not be accepted as complete until the dual annexation issue is resolved at LAFCO. 3501 CIVIC CENTER DRIVE, ROOM 308 - SAN RAFAEL, CA 94903-4157 - 415-499-6269 ~ 415-499-7880 EXHIBIT NO. :) COURTESY NOTICE TO SURROUNDING PROPERTY OWNERS S. O. D. A. (RABIN) PROPERTY 21 ACRES UPSLOPE FROM PARADISE DRIVE SOUTH OF SEAFIRTH ESTATES (FORMERLY UPPER KILGORE PROPERTY) ASSESSOR'S PARCEL NO. 39-301-01 Please be advised that the Tiburon Town Council will hold a public meeting to discuss a written request by Scott Hochstrasser on behalf of the S. O. D. A. property owners, for. the Town Council to consider waiving any interest in annexation of the property in conjunction with the processing of development applications currently on file with the County of Marin. The development applications on file with the County of Marin propose the subdivision of the 20.95-acre property into eight (8) single family lots. The County of Marin has directed the S. O. D. A. property owners to make this request to the Town of Tiburon. The Town's options include declining to endorse a waiver of annexation, or agreeing to waive or defer annexation, possibly subject to certain stipulations. The Town Council will meet on Wednesday, February 16, 2005, at 7:30 P.M. The meeting will be held in the Tiburon Town Hall Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. All interested persons are invited to attend. Written. comments may be submitted to the Planning Division, 1505 Tiburon Boulevard, Tiburon, CA 94920. Please contact Scott Anderson ofthe Tiburon Planning Division at (415) 435-7392 if you have questions regarding this matter. Scott Anderson Director of Community Development 1/2712005 '.. The S.O.D.A. project has been inactive for several months, in part due to the County requirements that the applicants resolve the dual annexation issue with LAFCO before the applications are accepted as complete by the County. The S.O.D.A. project differs from the Sorokko proposal insofar as it includes, to date, an annexation request to Sanitary District No.5. With respect to both projects, CDA has advised the applicants to consult with the Town of Tiburon regarding its interest in annexing the properties, as encouraged by the USA policies of the CWP. In the mean time, County staff will continue to process the permit applications consistent with relevant County procedures and Permit Streamlining Act requirements. Given the nature of the proposals and applicable processing and environmental review procedures, we anticipate that both projects will be in process for at least 12 months, should Tiburon decide to initiate annexation of one or both of the properties. If the projects remain under the County's jurisdiction, we intend to consider them within the context of CWP Policy CF-l.l and Program CF-1.1a, which recommend that subdivision of property within a USA be permitted .at rural zoning levels. Regardless of the annexation issue outcome, the County intends to work closely with Town planning staff to ensure that these projects conform to our respective plans and policies. Please feel free to contact me if you have any questions or concerns about the status of the above proj ects and our position on the relevant Urban Service Area policies. I can be reached at 499-3658. Sincerely, ~ Ben Berto, AICP Principal Planner cc. Supervisor Annette Rose Alex Hinds, Community Development Director Brian Crawford, Deputy Director of Planning Services Serge Sorokko, 71 Marlin Avenue, Mill Valley, CA 94941 John Roberto, P.O. Box 31330, San Francisco, CA 94131 William McLaughlin, McLaughlin Development Group, P.O. Box 1234, Belvedere, CA 94920 Irving Rabin, 298 San Bruno Avenue, San Francisco, CA 94103 David Warner, Redhorse Constructors, Inc. 36 Professional Center Parkway, San Rafael, CA 94903 Gary Ragghianti, Esq., 874 4th Street, Suite D, San Rafael, CA 94901 Scott Hochstrasser, 42 Glen Drive, Suite B, Fairfax, CA 94930 Feb 13 05 08:15a p. 1 10 (j;tlL~OUNC IL ;i{/75 - ,;)-1' --or LATE MAil # ~ Fax r~E(~EiVED To Mr. Scott Andersen, for the Tiburon Town Council Fax 435 2438 From Acacia Drive residents (see below) FEB 1 4 Z005 PLANNiNG DIVISION TOWN OF TIBURON Fax Direct Date February 13.2005 No of pages 2 (inclusive) If you do not receive all of these pages please call Please find the attached letter to the Council regarding the annexation of the SODA property. From - The Sholls 13 Acacia Dr. The Shaws 17 Acacia Dr. The Gullets 4 Acacia Dr. The HeraUs 9 Acacia Dr. The Ohmers 18 Acacia Dr. The McDows 12 Acacia Dr. Confidentiality Notice The information contained in this communication is confidential to the sender, and is intended only for use of the addressee. Unauthorized use, disclosure or copying is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify us at the above number. Feb 13 05 08:15a p.2 February 10. 2005 Scott Anderson Director of Community Development Town ofTiburon -- by fax - Dear Scott, We are writing this letter to you in response to the notice we received from you rcgardil~g the V,ll~tvcr of annexation of the 'SODA (Rabin)' property off of Paradise Drive. Please include this communication in the materials you arc furnishing to the Town Council on this isslIc. We arc the residents on Acacia Drive, Tiburon (the Acacia Drive subdivision), and our homes overlook the knoll and hillside where the SODA property is located. Thus, homes that may be built on the SODA property in the future wiIllikely fall directly into our viewscape as ,,ve look out from our homcs towards the Bay. Our point of view on the annexation issue is simply that we have a strong preference to imvc our Town of Tiburon be the oversight body for the development of the SODA properties. Wc feci most confident in the local Town Council and our local Design Review Board as the bodies that wouid best balance our interests as exi.'iting residents and homeowners alongside the interests of the SODA group. We respect the right of any property owner to develop and improve what !:hey own; we simply {r~ej that such development and improvement should be done in a way that does not damage the interests of nearby residents or ereate undue disturbances. Thus, we urge the Tiburon Councii to retain its rights to review the SODA developmeTlt arp:i~a(ion(s) in the future and not waive its interest in annexation. Sincerely, (Ja.c.~\f.-,....f...R.t?YW::i/~\~...C~V\ -ti \""S r\LA-C,\~,q D\t~.'v-{ \ 7 j J v-------- .?{ ~ \" - ~ 7 Co r ",'..d~i.:k.~..t--Lt:'AA:l-.......{r....1I-: Cd--Gt~ . r'YL~_ /(5).$ -; '11~' J. "__'-'-1'\.-- -1 ~ k // L' il',." (.. '-...,1" \'. - ~.. . , .- ,- .~~'!:f ~~_.> .. \- ~ '~~..~~ \ ~cJ-c~~ II\.~.,- k~ . ~-.t(-\!A .l'..2(\~\',--Y -, '1::::", - I . _ _ I) _ ......-=\ ., C r.::.::::>'. ,':','.)). (\\i!...trd.., ('~\"~ -. ,- .........<.............~?Z~t~~.>~:I~Z.~. - '.- ." <, " '^~(~~fuu~u.l4?h.M~j,w -# /'2 f'\wuOc ).;-1 . , \ /)\.J I x'd) {i ~.-'/ . I!;'Y/Ij.. ~ ... .-~.t~ t.. .~... ':t. .. .~10::!.f:t... .!?!(J.t.!f.-, 71fl!/ pt! i' t :3 A1-J CIlI.~1.1:. / ~ ~ ~ 0 --^-"^--. ~ _>{,c...:~}O {7 Ac..<:t..<:-1''': Dv. --riouro..... ~ch~ 6,. ~ fa-u<.- _,/.,d.'.-.1 Norman Estates Homeowners Association Scott Pearson, President 40 Norman Way Tiburon, CA 94920 Tel: 415-435-8321 February 10, 2005 Tiburon Town Council Town ofTiburon 1505 Tiburon Boulevard Tiburon, CA 94920 RE: S.O.D.A. Property To the Town Council: The Norman Estates Homeowners Association represents the 12 families living on Norman Way in Tiburon. I am writing this letter on behalf of the association and our members. We strongly oppose the request made to the Town to waive any interest in annexation of the S.OD.A. property in conjunction with the processing of development applications currently on tlle with the County of Marin. We believe it is strongly in the interests of the Town and of the residents of Paradise Drive that the Town ofTiburon annex this property and oversee the planning for any development that might occur. The S.O.D.A. property is contiguous with incorporated Tiburon, and so it makes good planning and political sense that any development be in harmony with the standards and values that govern development within the Town. To do otherwise would create a patchwork of different planning standards that will undermine the best efforts of the Town to create the kind of livable community we all desire. All members of the NEHOA pass the SD.D.A. property every day as we drive along a Paradise Drive that still has thewild, open, and rural feeling that belies its proximity to San Francisco. We believe we can count on the Town to preserve this environment, and so we strongly desire that the Town, not the County, oversee its planning. Sincerely, S-oJ-- '1"OWN COUNCIL Scott Pearson President Norman Estates Homeowners Association LATEMAIL# g MEETING DATE 8 --I tP - Qj ., "- .~ February 11, 2005 LATE rMl. E... Tiburon Town Council Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Re: S.O.D.A. Property, February 16 Town Council Meeting; consideration of waiving interest in annexing property. Dear Members ofthe Town Council, This property is located across Paradise Drive from our Seafirth community. Because of the past history regarding this property as well as the Sorokko property, directly abutting Seafirth to the west, waiving Tiburon's interest in the S.O.D.A. property would be in the worst interests of Tiburon. The Rabin "fire road," July 2002: Enclosed is a document (DOC. A) sent to the Tiburon Planning Commission in July, 2002 regarding a "fire road" that Mr. Rabin created, along with responses from Messrs. Scott Anderson, Miles Berger and Jeff Slavitz; the only responses received. Mr. Berger responded, "Who was the official at the County that was providing [or not providing] oversight for this project? I assume the design was presented to you and the other neighbors, approved and that there are controls in place. I am very sorry to hear that it sounds as though the controls are either inadequate or worse, that they are being flaunted." I replied to Mr. Berger that nothing had been presented to us, that there was no warning whatsoever before the destruction began. By November, 2002, a scant three months later, Mr. Rabin had presented plans created by Kao Design Group of Massachusetts, for eight units of 8,900 to 9,000 square feet each that showed the "fire road" as its main access. (DOC. #B) Presumably, the elaborate plans had been created before the "fire road" was built. Sorokko illegal tree removal and illegal grading: Enclosed is a letter of March, 2001 (DOC. C) directed to the Marin County Planning Department regarding the illegal removal of trees, illegal grading and illegal building of a road on the Sorokko property. The above actions indicate the inability of the County to provide adequate and timely oversight for development in this area. Good planning requires that Tiburon, where the S.O.D.A. property is dearly located, should process the proposed development. Background on the S.O.D.A. property: July 1991: Tiburon Planning Commission Meeting. The S.O.D.A. property owner, Mr. Rabin presented his Precise Development Plan for the incorporated parcel directly above and contiguous with the S.O.D.A. property, stating that his plan was for a single-family residence for his own family. April 21, 1993 Town Council Meeting: Mr. Hal Edelstein, representing Mr. Rabin, advised the Tiburon Town Council that Mr. Rabin planned to build a sewer line from his residence to Playa Verde. The Town Council queried the location of the line, which, on the diagram presented, was shown as running straight down to the water through the riparian corridor. Mr. Edelstein said that the map is "erroneous." Council asked, "Shouldn't some environmental review process be considered?" . l , ,., ~~ { ~ : .;f':lf '.' Mr. Edelstein replied that all decisions are up to Sanitary. #5, that Sanitary #5' s decisions are outside the jurisdiction of the Town of Tiburon, since the application is for a single-family home only, and not a development. Consequently, he advised, the line is not subject to the policies of the Tiburon General Plan, nor any EIR considerations nor considerations to the immediate neighbors nor considerations as to where the line will run and how it will be installed. The Council expressed dissatisfaction at "backroom deals" with no public input. May 5, 1993: Sanitary #5 Board Meeting. Board meets to decide whether to accept or deny the sewer line plan. They accept it. The line is subsequently installed, without oversight. These actions demonstrate that Mr. Rabin (and Mr. Sorokko) have little respect for "process" and that the County does not have the ability to provide oversight. Lastly, not annexing the property is inconsistent with the Tiburon General Plan: LU-5: Paradise Drive Area South of Trestle Glen: "Annexation of property in this area to the Town should be required prior to the approval of specific development projects." Thank you for your time. Sincerely, ~~~ SandraJ.Swanson 2 Seafirth Lane Tiburon 94920 Sswan200@aol.com 435-9565 Tuesday, July 30, 2002 DOCUMENT A: 3 PAGES FAX TO: Eric Steger, Marin County Public Works Department 499-3799 Christine Gimmler, Marin County Community Development Agency 499-7880 Rich Pearce, Fire Chief, Tiburon Fire Protection District 435-7205 Ron Barney, Fire Marshal, Tiburon Fire Protection Agency Alex Hinds, Marin County Planning Dept. 499-3645 Alex McIntyre, Town Manager, Town of Tiburon 435-2438 Scott Anderson, Planning Department, Town of Tiburon 435-2438 EMAIL TO: Tiburon Planning Commission FROM: Sandra J. Swanson Seafirth Estates Company 2 Seafirth Lane, Tiburon 94920 RE: Property belonging to Mr. Irving Rabin This morning, at 7 AM, several large trucks barreled past our neighborhood on Paradise Drive, shaking our windows, rattling our houses like an earthquake, and spewing exhaust fumes that will remain in our yards until the wind picks up. A couple of the larger vehicles pulled off to the side of the road, about 50 feet from my bedroom, to "reorganize" their equipment, using the loud horn that signals a truck is backing up. That really got the attention of Seafirth, our 29-home neighborhood, and our dogs got pretty excited, too. For several weeks now, we have watched the pristine 30- acre hillside directly above us, owned by Irving Rabin, as 10-foot plus cuts were made into the hillside to provide access for a "fire road". We have listened all day to what sounds to us, in the valley below, like jet airplanes at full throttle. Trucks go back and forth every few minutes, rattling our homes as they carry out dirt and we don't know what else. This "project" has decimated acres of what was previously the Tiburon peninsula's last intact ecosystem. This "project" has proceeded without respect for the land and environment, nor for the neighborhood nor for the Tiburon planning process nor Tiburon's construction rules. Just a year ago, on the property directly next to Seafirth, owned by Serge Sorokko, wholesale clear-cutting was taking place, with much of the work accomplished on Sundays. An illegal road was also cut. When the neighbors advised Marin County of the scope of this unpermitted project, it took the County two weeks to come out to take a look. Work was stopped, sanctions were imposed, fines were levied. But the clear-cutting had been accomplished, and the illegal road had been cut. It is not surprising that the owners of the properties along Paradise Drive would be so arrogant as to destroy hundreds of trees and acres of land in their rush to develop, but it is unacceptable that there would be no review or oversight. If Marin County cannot provide review and oversight, the County should not be involved in our neighborhood projects. "- EMAIL RESPONSE RE: FIRE ROAD BUILT BY MR. IRVING RABIN FROM MILES BERGER: Dear Ms. Swanson, Who was the official at the County that was providing [or not providing] oversight for this project? I assume the design was presented to you and the other neighbors, approved and that there are controls in place. I am very sorry to hear that it sounds as though the controls are either inadequate or worse, that they are being flaunted. As this is in the county, I ani not sure what the Town of Tiburon can do. What has been brought to our attention is that projects are approved and built under the county and then brought into the Town of Tiburon when there is little we have to say about them. We had suggested that projects may be developed under Tiburon guidelines if they are to become part of Tiburon eventually. You can imagine the "turf battles". You might contact the Tiburon Planning department to see if there is any help Tiburon can give at this time. Miles Berger EMAIL RESPONSE FROM JEFF SLA VITZ: Sandra, I agree! But the property is in the county, not the town, so we have no jurisdiction. If you haven't already, you should send this em ail to Annette Rose. I am meeting with her on Friday regarding another matter and I will be sure to bring this up. Thanks for the information, Jeff Slavitz Community Development Department July 15, 2002 " Mr. Irving Rabin 3825 Paradise Drive Tiburon, CA 94920 RE: GRADING FOR FIRE ROAD Dear Mr. Rabin: This letter is written out of concern over the amount of grading occurring on your undeveloped property off Paradise Drive, located adjacent to the TownofTiburon, in unincorporated Marin County. I have viewed the extent of the grading from Acacia Drive and found it somewhat excessive and alarming. As a rough approximation, it appears that a minimum of 1-2 acres of grassland have been disrupted for the creation of this fire road. While I understand from Mr. Eric Steger of the Marin County Public Works Department that all required County of Marin permits and environmental exemptions were obtained prior to the start of work, the Town ofTiburon is nevertheless disappointed that such a large amount of earthwork was authorized without any site planning review or oversight, and only cursory environmental review in the form of a categorical exemption. Please be advised that any grading work contemplated on your 30-acre parcel located in the Town ofTiburon at 3825 Paradise Drive would require prior issuance of a zoning permit under the Town ofTiburon's zoning regulations. In this case, such a permit would be an amendment to your existing Precise Development Plan approved on October 1,1991 by adoption of Ordinance No. 377 N,S., and amended on February 3,1993 by adoption of Ordinance No. 390 N.S, Please do not hesitate to call me at (415) 435-7392 should you have any questions. 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I:l < '" n '" ,.,,,~ .... ~ Q.~"'C1'OoE =:=>(lI"!jn ~Er a S. ~2."t:l ::! 0 (II '< .... ::1, ~ (I).... o n f,;i, ~:::l '" ~ '="> 0 Co"t:l ~ ::l Q.~ ...... ~ , ::l ~:r ::r 0 n ~ ~ 0 . ~ c: lICl _ ;:t. _ 0.... 0 ':< ..... ~ ~ Q.;!O ow ~~.... ~Q. .... '" 0 '" =...., S C1';;l,~ '< ~ Q. ::l ~ "tj ...' 0 0. "0 S .... ~ g (') ell ~ g r;> c: 0' ~ g, .... ;:t. ::r !:l; g .... ~..... ;:t, t:l :; g 2' e, ~ c:: sa :::.: Vlo:2 . h ::0' 0 ~ '1,." ,.. f""t'~ """""'" .... ..."t/'J.t/) ~ ~ Carey A. Tate, Planner Marin County Community Development Agency 3501 Civic Center Drive #308 San Rafael, CA 94903-4157 By facsimile: 499-7880 DOCUMENT C Copies: Alex Hinds, Agency Director Debbi Poiano Town of Tiburon Planning Department Tiburon Town Council '" Monday, March 19, 2001 Dear Carey, I received your notice dated March 15,2001. Thank you. You stated that concerns or questions regarding the application of Serge Sorokko to legalize the removal of 17 trees and 8 shrub specimens at 3910 Paradise Drive should be directed to you before March 30, 2001. As I understand it, these 17 trees (some of which are protected) and eight shrub specimens were removed, without permits, about a year ago. Since then, many very old, large Eucalyptus trees and oak trees have been cut to the ground. The land has been cleared for development. We here in neighboring Seafirth have concerns and questions regarding the violations: First, we deeply regret that our new neighbor has violated the County codes by destroying so many trees and by degrading a piece of property that has been described in previous DEIRs as "part of the Tiburon peninsula's last intact ecosystem." When we last heard the Sorokko's plans for the property at the Tiburon Town Council meeting in spring of 2000, the applicants advised us that they planned to build a home on the property, for themselves. They were most adamant about this and used limited development as an explanation for creating a new roadway and removing trees without permits. Now we hear that they are planning a development of 5 units and their application with the Town of Tiburon is almost complete. However, when I spoke with Debbi Poiani, she said that as of today, the applicant has told the County that they are planning to build only one house. While the property is being planned in one jurisdiction, another jurisdiction, some 12 miles up the freeway, is overseeing it. What oversights can we expect from the County on this property in the future? A new access to the property has been created. Protected trees have been removed. A significant portion of the property has been clear-cut since the original violation. More recently, Sunday morning, March 11, 2001, there were several large trucks, including at least one 10-wheeler, hauling loads of dirt and tree trunks from the Sorokko site. At 6:15 am, the trucks were backing up to park, awaiting their loads, with their warning horns blaring. At 6:30 am, I phoned the Tiburon Police to report the action (Tiburon has an ordinance against Sunday construction/ deconstruction as well as against Monday-Friday construction that begins before 7:30 am.) This was the third weekend in a row, 1 that I am aware of, that these trucks have been hauling out dirt in the early weekend mornings. Is the County reasonably able to oversee unauthorized development activity in our area? Fines levied after the fact do not protect environmental values. In view of the property's zoning (Bayfront Conservation) we are concerned not only with Code violations, with the decimation of our woodlands and riparian corridors, and with the practical considerations of run-off pollution into the Bay from the disturbed land. We are keenly disturbed by the inconsistency between what Sorokko publicly purports to be his intentions and what his actions have been, inside the County loopholes, in the early weekend hours, without permits, and outside the guidelines of an overall development plan, while their plans are in process with Tiburon. We support meaningful fines for last year's unpermitted destruction. We have grave concerns about the ongoing, unpermitted work. We strongly request that the County support the Town in the annexation process for this property to maximize close and careful oversight of the soon-to-be-realized development. Sincerely, Sandra J. Swanson Two Seafirth Lane Tiburon, CA 94920 415-435-9565 Fax: 435-0954 E-Mail: Sswan200@aol.com 2 STAFF REPORT AGENDA ITEM 1 Town of Tiburon _. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. SUBJECT: Mayor and Members of the Town en Alex D. Mcintyre, Town Manager ~ Proposed Adoption of Taxicab Ordinance TO: FROM: MEETING DATE: February 16, 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Background Government Code Section 53075.5, adopted in 1998, creates a duty for each of the Town to regulate taxicab operations within its jurisdiction. This section, in relevant part, requires the Town to adopt an ordinance (Exhibit A) or resolution regarding taxicab transportation that includes the following items: 1. A policy for regulating taxicabs services that includes the following provisions: a. A requirement that an offer of employment be conditioned upon an acceptable drug test; b. That the driver's permit will become void upon termination of employment; c. The driver's permit will state the name of the employer; d. The employer will be required to notify the Town upon termination of employment; and e. The driver shall return the permit to the Town upon termination of employment. 2. A process for the establishment or registration of fees for the provisions of taxicabs services. We have the authority to set or just accept (Le., register) fees set by the companies. 3. A mandatory controlled substance and alcohol testing certification program. Proposed Program As proposed, the program will be managed by the Marin Streetlight Acquisition Joint Powers Authority (and the successor General Services Agency if that new JPA is established). Each member (City, Town and the County) will need to adopt the same ordinance that establishes the statutory framework for uniform taxicab regulation and delegates program administration to the JPA. The Marin Streetlight Acquisi"tion Joint Powers Authority then adopts the regulations, which are the specific program requirements. This provides for a more effective mechanism to amend the regulatory program, which does not require every City/Town and the County to amend its ordinance, Town of Tiburon STAFF REPORT (-; . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The proposed ordinance requires a company permit conditioned on the company having a drug and alcohol policy that complies with state law, insurance (names the JPA member as additionally insured), and an indemnification agreement. Also, it requires a driver's permit that includes a valid driver's license, compliance with the controller substance testing program, and a background check performed by the Sheriffs office. Finally, it requires a vehicle permit, which includes a vehicle license, periodic safety inspection, and clean and sanitary conditions in the vehicle. The program requires the posting of fares but does not regular them. In addition, each jurisdiction has the ability to require the taxi cab companies to obtain a business license and pay the requisite fee in accordance with the jurisdictions applicable regulations. The JPA also has the ability to enforce the requirements of the Program through an administrative process. Each entity will be responsible for ensuring that only authorized companies and drivers utilizing permitted vehicles operate within that entity's jurisdictional boundaries. The Marin Streetlight Acquisition Joint Powers Authority has agreed to fund the startup costs, Ongoing program administration will be funded by the fees levied on the company, drivers and vehicles. Initially, the fees are as follows: Company Driver Vehicle $250 (every 5 years) $1 00 (every 5 years) $100 (every 5 years) The Marin Streetlight Acquisition Joint Powers Authority created a Taxicab Working Group (two Board members and the Executive Officer) who meet with representatives of the cab companies. (Two of five companies were involved). This group is in agreement with the terms of the regulatory program. The first step in the establishment of the taxicab regulation program is to have the Marin Streetlight Acquisition Joint Powers Authority member agencies consider whether or not the JPA should be authorized to take on the proposed taxicab regulation program as a "special project." As set forth in Section 1, paragraph 3 of the Streetlight Agreement".. .the separate entity may consider and initiate other special projects as determined appropriate by a majority of the member agencies." The "member agencies" are the County of Marin, Marinwood Community Services District, Bel Marin Keys Community Services District, City of Belvedere, Town of Fairfax, City of Mill Valley, City of San Rafael, Town of Tiburon, City of Novato, City of Larkspur, Town of San Anselmo, City of Sausalito and Town of Corte Madera. Approval of the attached resolution (Exhibit B) is the necessary action should Tiburon agree with theJPA taking on this "special project." Once a majority of the JPA members approve adding the proposed taxicab regulation program as a "special project" (and adopt the taxicab ordinance), the JPA Board could adopt the proposed taxicab regulations. February 8. 2005 Page 2 of 3 Town of Tiburon STAFF REPORT . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recommendation It is recommended that the Town Council: 1. Conduct a public hearing on the proposed new ordinance and resolution; 2. By motion, waive second reading and read by title only an ordinance of the Town of Tiburon repealing the existing Chapter 11 of the Tiburon Municipal Code and adding a new Chapter 11 regulating taxicab operations; 3. Adopt the ordinance by roll call vote; and 4. Approve the attached resolution authorizing the JPA to take on the taxicab regulation program. Exhibits A - Draft Ordinance B - Draft Resolution February 8, 2005 Page 3 of 3 ORDINANCE NO. 487 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING THE EXISTING CHAPTER 11 OF TITLE III OF THE TOWN CODE AND ADDING A NEW CHAPTER 11 OF TITLE III REGULATING TAXICAB OPERATION 4. Authority (the" . es that every city or an ordinance or Recitals 1. California Government Code Section 5 county shall protect the public health, safety, and w resolution in regard to taxicab transportation se reet1ight Acquisition Joint Powers am (t rogram") in order to provide for the hout the unincorporated areas of the County of lcipating in the JP A in accordance with all of the 6. and adopt a new compliance with the cil desires to repeal Chapter 11 of the Code in its entirety to require that all taxicabs operated in the Town are in am adopted by and operated by the JP A. NOW THEREFORE, THE COUNCIL OF THE TOWN OF TIBURON HEREBY ORDAINS AS FOLLOWS: SECTION 1. Chapter 11 of Title III ofthe Tiburon Municipal Code is hereby repealed in its entirety, provided however, that this repeal shall not effect or prevent the prosecution or punishment of any person for any act done or omitted in violation of said chapter prior to the effective date of this ordinance. Town of Tiburon Ordinance No. 487 N,S. 1 Adopted on xx/xx/OS SECTION 2. A new Chapter 11 of Title III is hereby added to the Tiburon Municipal Code to read as follows: "Chapter 11, Taxicabs" Section 11-1 Definitions. "Taxicab" means passengers for hire, driver. .thout limitation, t corporation, For the purpose ofthis chapter, the words and phrases defined. construed in accordance with the following definitions. "Town" means the Town of Tiburon. "Company" means any entity operating a Taxica a natural person, firm, association, organizati or public entity. "Company Permit" means a valid permit issued by operate a Taxicab business. "Driver" means a person who drives or "Driver's Permit" me control the moveme "JP A" means the entity. and either solicit or pick up passengers for treet ht Acquisition Joint Powers Authority Taxicab d administered by the JP A. icle regularly engaged in the business of carrying ed for carrying not more than eight persons, excluding the "Vehicle Permit" means a valid permit issued by the JP A authorizing a particular vehicle to be operated as a Taxicab. Section 11-2 Compliance with Program. Town of Tiburon Ordinance No, 487 N,S, 2 Adopted on xx/xx/05 " , No Driver or Company shall operate or cause the operation of a Taxicab in the Town unless such operation complies with the terms and requirements of the Program, which shall be adopted by separate resolution of the Town. Section 11-3 Driver's Permit Required. A person shall only operate a Taxicab in the Town if that person possesses a Driver's Permit. A Company shall only allow a Driver to operate a Taxicab if that Driver possesses a Driver's Permit. Section 11-6 Application for Per %". Application for a Driver's Permit, V e to the JP A, upon a form provided by tli. fee sufficient to cover the administrative established by the IP A e fee schedule separate resolution Council. ssesses Section 11-4 Taxicab Vehicle Permit Required. A Driver shall only operate a Taxicab in the Town if that Permit. A Company shall only allow a Taxicab to be if that vehicle displays a Vehicle Permit. Section 11-5 Company Permit Required. A Company shall only operate a Taxicab bu a Company Permit. shall carry with himlher at all times proof of Section 11-9 Eq A Taxicab operated standards establishedi r the authority of this chapter shall be equipped according to the the IP A. Section 11-10 Mechanical Condition. A Taxicab operated under the authority of this chapter shall be maintained according to the standards established by the JP A. Section 11-11 Operational Requirements. A. A Driver shall only carry a passenger to hislher destination by the most direct and accessible route. Town of Tiburon Ordinance No, 487 N,S, 3 Adopted on xx/xx/OS .. B. A Taxicab shall have all permits issued by the JP A conspicuously displayed according to the standards established by the JP A. C. A Taxicab shall have the following information continuously posted in a prominent location in the Taxicab passenger compartment according to the standa'rds established by the JP A. 1. A schedule of rates and charges for the hire of said Taxicab; 2. The Company's name, address and telephone number; 3. The Company Permit; 4. The Taxicab identification number; 5. The Driver's Permit issued by the JP A; and 6. The Vehicle Permit issued by the IP A. D. A Driver shall give a receipt for the amount charge paying the fare. E. A Taxicab shall only be operated if the passe~:~~l!\~:\part and sanitary condition free from offensive odors . AWa~6ord~nce with: established by the IP A. F. The name or trade name of the Comp conspicuously on the outside of each: Taxicab ace the JP A. Section 11-12 Separate from Busi The requirements of this chapter are se and any other provisions under the To operating a Taxicab in wn shall obt under the terms of ed, stamped 0 e standards est .-.":'" the business licensing ompany and/or Driver o the extent required Section 11-13 no' sions. The Town intends to se ' visions ofthis chapter by any of the followin epara . Each method set forth herein is not inten exclu nd do . t prevent concurrent or consecutive me liance against continuing violations nor does it pr~ven . 'zation of an ent mechanisms and/or penalties available by law. Eacn ,ts coIl,. Itutes a separate offense. Notwithstanijivision of this chapter, each violation of the provisions of this chapter ma ltematively as follows: A. Infraction, or entity including without limitation a Driver or Company violating any of the ions or failing to comply with any of the mandatory requirements of this c pter may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by the Town by separate resolution. Any person convicted of an infraction under the provisions of this chapter shall be punished by: 1. A fine not exceeding one hundred dollars for a first violation; 2. A fine not exceeding two hundred dollars for a second violation within one year; 3, A fine not exceeding five hundred dollars for each additional violation within one year. Town of Tiburon Ordinance No, 487 N,S, 4 Adopted on xx/xx/OS B. Misdemeanor. Any person or entity including without limitation a Driver or Company violating any of the provisions or failing to comply with any ofthe mandatory requirements of this chapter may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by the Town by separate resolution. Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine not exceeding one thousand dollars or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. C. Civil Action. The Town Attomey by and at the request of the Town Council, may institute an action in any court of competent jurisdiction to res enjoin or abate the condition(s) found to be in violation of the provisions ofthi te ,as provided by law. SECTION 4. Effective Date. the date of its adoption. s thereof are hereby clared by the courts e validity of the eclared to be SECTION 3. Severability. This ordinance and th declared to be severable. Should any section of t . to be unconstitutional or invalid, such decis' ordinance as a whole, or any portion there unconstitutional or invalid. SECTION 5. Publication. This Ordi days after its passage and adoption in a Tiburon. cwithin fifteen (15) lation in the Town of introduced at a regular meeting of the 2005, and was adopted at a regular day of MILES BERGER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town of Tiburon Ordinance No, 487 N,S, 5 Adopted on xx/xx/05 f EXHIBIT NO.~ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE MARIN STREETLIGHT ACQUISITION JOINT POWERS AUTHORITY TO ASSUME RESPONSIBILITY TO ADMINISTER A TAXICAB REGULATION PROGRAM WHEREAS, the Town of Tiburon is a member of the Marin Streetlight Acquisition Joint Powers Authority; and WHEREAS, the Authority is considering assuming responsibility for taxicab regulations responsible for its member agencies NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon hereby determines that it is appropriate for the Marin Streetlight Acquisition Joint Powers Authority to initiate taxicab regulations as a special project under Section 1 of the Joint Exercise of Powers Agreement creating Marin Streetlight Acquisition Joint Powers Authority. PASSED AND ADOPTED at a regular meeting of the Town Council on this 16th day of February, 2005 by the following vote: COUNCILMEMBERS: AYES: NAYES: ABSENT: ABSTAIN: MILES BERGER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK '-, ~ {l)4-#1 TIBURON REDEVELOPMENT AGENCY MINUTES CALL TO ORDER Chair Fredericks called a meeting of the Tiburon Redevelopment Agency to order on Wednesday, December 1,2004, at 7:45 p.rn. in the Town Council Chambers at 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: BOARDMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Administrative Services Bigall, Chief of Police Odetto, Director of Public Works/Town Engineer Echols, Director of Community Development Anderson, Town Clerk Crane Iacopi ORAL COMMUNICATIONS None. APPROVAL OF MINUTES 1. January 21,2004 2. June 16, 2004 MOTION: Moved: Vote: To adopt minutes as written. Gram, Seconded by Berger AYES: Unanimous BUSINESS MEETING 3. Adoption of Financial Report for Fiscal Year Ending June 30, 2004 The Board waived reading of the Staff report. There was no pubic comment. MOTION: Moved: Vote: To adopt Financial Report. Gram, Seconded by Berger AYES: Unanimous Redevelopment Agency Minutes #03-04 December 1, 2004 Page 1 ~ .:i ADJOURNMENT There being no further business of the Tiburon Redevelopment Agency, Chair Fredericks . adjourned the meetwg at 7:50 p.rn., to the regular meeting ofthe Tiburon Town Council. ALICE FREDERICKS, CHAIR ATTEST: DIANE CRANE IACOPI, BOARD CLERK Redevelopment Agency Minutes #03-04 December 1, 2004 Page 2 TOWll.0f Tiburon STAFF REPORT " l) /)A .~/W d AGENDA ITEM . . '.' '.. . -. .' . ,a . '. ... . . . s' '. .. TO: Board of Directors, Tiburon Redevelopment Agency FROM: Heidi Bigal!, Director of Administrative Services SUBJECT: Accept Annual Audit Report for Fiscal Year Ended June 3~04 February 16,2005 REVIEWED BY: iJ MEETING DATE: . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attached are the Audited Financial Statements for the Tiburon Redevelopment Agency for the fiscal year ended June 30, 2004. The audit was performed by the public accounting firm of Nicholson and Olson and complies with Governmental Accounting Standards Board Statement No. 34. The Redevelopment Agency is considered a component unit of the Town of Tiburon and is therefore required to be audited as a separate entity of the Town. RECOMMENDATION It is recommended that the Board of Directors accept the Audited Annual Financial Report for the Tiburon Redevelopment Agency for the fiscal year ended June 30, 2004. Exhibit THE TIBURON REDEVELOPMENT AGENCY California A Component Unit of The Town of Tiburon Annual Financial Report Year Ended June 30, 2004 TABLE OF CONTENTS Independent Auditor's Report.......................................................................... 1-2 Management's Discussion and Analysis (Required Supplementary Information). .............. ...................... ...................... a Financial Statements Basic Financial Statements: Government-wide Financial Statements Statement of Net Assets. .'....................... ............................................... ..... ...........3 Statement of Activities.................................................................................. .........4 Fund Financial Statements: Balance Sheet - Governmental Funds .......... .............................. .................... .......... 5 Statement of Revenues, Expenditures, and Changes i'n Fund Balances - Governmental Funds .............................................................6 Notes to Financial Statements............................................................................. 7 -12 Required Supplementary Information Statement of Revenues and Expenditures - Budget and Actual - Governmental Funds....................................................................... 13 Other Reports Independent Auditor's Report on Compliance with Audit Guidelines for California Redevelopment Agencies.............................................................. 14 .- NICHOLSON & OLSON INDEPENDENT AUDITOR'S REPORT LIMITED LIABILITY PARTNERSHIP CERTIFIED PUBLIC ACCOUNTANTS 729 Sunrise Avenue, Suite 303 Members of the Tiburon Redevelopment Agency Town of Tiburon, California Roseville, California 95661 (916) 786-7997 We have audited the accompanying basic financial statements of the governmental activities and each major fund of the Tiburon Redevelopment Agency (the "Agency"), a component unit of the Town of Tiburon, California, as of and for the year ended June 30, 2004, as listed in the table of contents. These financial statements are the responsibility of the Agency's management. Our responsibility is to express an opinion on these basic financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and Guidelines for Compliance Audits of California Redevelopment Agencies issued by the State Controller's Office, Division of Local Government Fiscal Affairs. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the basic financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall basic financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As described in Note 1, the Agency has implemented a new financial reporting model, as required by the provisions of GASB Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments, as of July 1,2003. The Agency has not presented management's discussion and analysis that the GASB has determined is necessary to supplement, although not required to be part of, the basic financial statements. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the governmental activities and each major fund of the Tiburon Redevelopment Agency, as of June 30, 2004, and the results of its operations for the year then ended in conformity with accounting principles generally accepted in the United States of America. -1- .' Member~ of the Tiburon Redevelopment Agency Town of Tiburon, California The management's discussion and analysis, and budgetary comparison information, as listed in the table of contents are not a required part of the basic financial statements but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the . methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. In accordance with Government Auditing Standards, we have also issued our report dated September 15, 2004, on our consideration of the Agency's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. ~ & ()~ Certified Public Accountants Roseville, California September 15, 2004 -2- ,- THE TIBURON REDEVELOPMENT AGENCY STATEMENT OF NET ASSETS JUNE 30, 2004 Governmental Activities ASSETS Cash and investments Receivables: Accounts Notes $ 910,933 36,160 643,185 Total Assets 1,590,278 LIABILITIES Accounts payable 1,809 Total Liabilities 1,809 NET ASSETS Unrestricted Total Net Assets 1,588,469 $ 1,588,469 See accompanying notes to financial statements . -3- THE TIBURON REDEVELOPMENT AGENCY STATEMENT OF ACTIVITIES YEAR ENDED JUNE 30, 2004 Operating Program Net (Expense) Functions/Programs Expenses Revenues Revenue ERAF contribution to state $ 48,147 $ $ (48,147) Community Development 4,636 (4,636) /\ Total governmental activities $ 52,783 $ (52,783) General Revenues: Property tax revenues Excess ERAF contribution rebate Investment earnings Total general revenues Net assets, end of year 32,874 13,751 46,625 (6,158) 1,594,627 $ 1,588,469 Change in net assets Net assets, beginning of year See accompanying notes to financial statements -4- THE TIBURON REDEVELOPMENT AGENCY BALANCE SHEET GOVERNMENTAL-FUNDS JUNE 30, 2004 Total Special Capital Governmental Revenue Projects Funds Assets Cash $ 696,070 $ 214,863 $ 910,933 Receivables: Accou nts 2,512 33,648 36,160 Notes 643,185 643,185 Total Assets ' $ 1,341,767 $ 248,511 $ 1,590,278 Liabilities and Fund Balances Liabilities Accounts payable $ 1,809 $ $ 1,809 Total Liabilities 1,809 1,809 Fund Balances Unreserved: Undesignated 1,339,958 248,511 1,588,469 Total Fund Balances 1,339,958 248,511 1,588,469 Total Liabilities and Fund Balances $ 1,341,767 $ 248,511 $ 1,590,278 See accompanying notes to financial statements -5-' THE TIBURON REDEVELOPMENT AGENCY STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2004 Total Special Capital Governmental Revenue Projects Funds $ $ $ 32,874 32,874 10,404 3,347 13,751 10,404 36,221 46,625 Revenues Property tax increment Excess ERAF contribution rebate Investment earnings Total Revenues Expenditures ERAF contribution to State Administration and planning 2,636 48,147 2,000 48,147 4,636 Total Expenditures 2,636 50,147 52,783 Excess of Revenues Over (Under) Expenditures 7,768 (13,926) (6,158) Fund Balances, Beginning of Year 1,332,190 262,437 1,594,627 Fund Balances, End of Year $ 1,339,958 $ 248,511 $ 1,588,469 See accompanying notes to financial statements , -6- THE TIBURON REDEVELOPMENT AGENCY Notes to Financial Statements June 30,2004 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 Agency as follows: Note 1 - Defining the Financial Reporting Entity Note 2 - Summary of Significant Accounting Policies Note 3 - Education Revenue Augmentation Fund (ERAF) Note 4 - Cash and Investments Note 5 - Notes Receivable Note 6 - Stewardship, Compliance and Accountability THE TIBURON REDEVELOPMENT AGENCY Notes to Financial Statements June 30, 2004 Note 1 - Defining the Financial Reporting Entity The Tiburon Redevelopment Agency of the Town of Tiburon, California (the "Agency"), is a separate legal entity subject to oversight by the Town of Tiburon (the "Council"). As the primary governing unit of the Agency, the Council exercises significant financial and management control over the Agency. Therefore, the Agency is also a component unit of the Town of Tiburon (the "Town"). In addition to presenting these financial statements of the Agency, the financial data of this component unit has also been combined with the Town's annual financial report for the fiscal year ended June 30, 2004. The Agency, was established in July 1983 under the provisions of the California Community Redevelopment Law (Health and Safety Code, Section 33000, et seq.) primarily to eliminate and reduce many aspects of economic, physical, visual and social blight then existing within the Town. The Agency will expire when the Town's housing increments, as defined by the State of California, have been met. The Town needs and additional four units of low-income housing to meet these requirements. As a result, during the year Marin County stopped passing the Low-moderate income portion of tax increment revenue to the Agency. The Agency is authorized to finance the Plan with financial assistance from the Town of Tiburon, County of Marin, State of California, United States Government, private developers, or any other public or private source including property tax increments, interest income, and Agency notes and bonds or other indebtedness. Note 2 - Summary of Significant Accounting Policies The accounting policies of the Agency conform to accounting principles generally accepted in the United States of America as applicable to governments. The Governmental Accounting Standards Board is the accepted standard-setting body for establishing governmental accountiqg and financial reporting principles. The following is a summary of the more significant accounting policies: -7- THE TIBURON REDEVELOPMENT AGENCY Notes to Financial Statements June 30, 2004 Note 2 - Summary of Significant Accounting Policies (continued) A. Basis of Presentation In June 1999, the GASB issued Statement No. 34, Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments. GASB Statement No. 34 is effective in three phases based on the public institution's total annual revenues in the fiscal year ending after June 15, 1999. The Agency adopted the provisions of this statement along with GASB Statement No. 37, Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments: Omnibus (an amendment to GASB Statements No. 21 and No. 34), as of July 1,2003. In June 2001, GASB issued Statement No. 38, Certain Financial Statement Note Disclosures, to revaluate certain existing disclosure requirements in the context of reporting model statement No. 34. The Agency adopted the provisions of Statement No. 38 as of July 1, 2003. The Financial Statement presentation, required by GASB 34, 37, and No. 38 provides a comprehensive, entity-wide perspective of the Agency's assets, liabilities, and replaces the fund-group perspective previously required. The Agency now follows the "primary government's governmental activities" reporting requirements of GASB No. 34 that provides a comprehensive one-line look at the Agency's financial activities. B. Fund Accountinq The accounts of the Agency are organized on the basis of funds, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that-comprise its assets,liabilities, fund equity, revenue, and expenditures. Governmental Funds Special Revenue Funds - Special Revenue Funds account for the proceeds of specific revenue sources that are restricted by law or administrative action to expenditures for specified purposes. Within the Agency, this fund is used to account for financial resources to be used for financing development and rehabilitation of low and moderate income housing units (LMI set-aside). -8- THE TIBURON REDEVELOPMENT AGENCY Notes to Financial Statements June 30, 2004 Note 2 - Summary of Significant Accounting Policies (continued) B. Fund Accountinq (continued) Capital Project Funds - Capital Project Funds account for the financial resources used for the acquisition and/or construction of major capital facilities, as well as being the general operating fund of the Agency. They are used to account for all financial resources except those required to be accounted for in the Special Revenue Fund. C. Measurement Focus and Basis of Accountinq Basis of accounting refers to when revenues and expenditures 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 accrual basis of accounting. Revenues are 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 revenues 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. All Governmental Funds are accounted for using the modified accrual basis of accounting. Revenues are recognized when they become both measurable and available to finance the expenditures of the current period (susceptible to accrual). Expenditures are recorded in the accounting period in which the related liability is incurred, except that principal and interest payments on general long- term debt are recognized when paid 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 (net current assets) is considered a measure of "available spendable resources". Governmental Fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. -9- THE TIBURON REDEVELOPMENT AGENCY Notes to Financial Statements June 30, 2004 Note 2 - Summary of Significant Accounting Policies (continued) D. Budqetarv Accountinq, The Tiburon Town Council, in its capacity as members of the Board, adopts a budget for the Agency annually, effective each July 1, for all Agency funds. The Board may amend the budget by resolution during the fiscal year. Budgets are prepared on a basis consistent with accounting principles generally accepted in the United States of America. Encumbrance accounting is not employed by the Agency and all appropriations lapse at year end. F. Net Assets In the government-wide financial statements, net assets are classified as either restricted or unrestricted: . Restricted net assets - Restricted net assets include resources that the ,Agency is legally or contractually obligated to spend in accordance with restrictions imposed by external third parties, such as property tax increment. . Unrestricted net assets - Unrestricted net assets represent resources derived from sources such as rental income and developer fees. These resources are used for transactions relating the general operations of the Agency, and may be used at the discretion of the governing board to meet current expenses for any purpose. G. Tax Increment The Agency does not have the authority to levy tax, but receives tax increment directly from Marin County. Tax increment is the additional property tax created in a project area, which exceeds the base year (year of Plan adoption) value because of improvements and reassessments. Property tax revenue is recognized when measurable and collectible. H. Interfund Transactions "Operating Transfers-In" and "Operating Transfers-Out" on the Statement of Revenues and Expenditures are restricted to transfers within the funds and/or projects of the agency. "Transfers to" or "transfers from" the legislative body of the agency are reported as appropriate revenue or expenditure line items. -10- THE TIBURON REDEVELOPMENT AGENCY Notes to Financial Statements June 30, ,2004 Note 2 - Summary of Significant Accounting Policies (continued) I. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make 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 revenues and expenditures during the reporting period. Actual results could differ from those estimates. Note 3 - Education Revenue Augmentation Fund (ERAF) The State of California required redevelopment agencies to shift property tax revenues to K-12 schools and community colleges during the 2003-04 fiscal year. The Tiburon RDA received no property tax revenues during the year and paid $48,147 to the State, of which $32,874 was refunded as an excess contribution. Note 4 - Cash and Investments A. Authorized Investments Under the provisions of the Agency's investment policy, the Agency may invest or deposit in the following types of investments: Local Agency Investment Fund (State Pool) Deposits . Certificates of Deposits placed with commercial banks and/or Savings and Loan associations Negotiable Certificates of Deposit Bankers Acceptances Securities of the U. S. Government or its Agencies Commercial Paper B. Pooled Deposits All cash accounts of the Agency are included in a cash pool maintained by the Town of Tiburon. At June 30, 2004, the Town had the following accounts in the pool: Bank checking accounts collateralized with securities equal to at lease 110% of the deposit balance and held by the bank's agent in the bank's name. Interest is deposited into the account monthly. -11- THE TIBURON REDEVELOPMENT AGENCY Notes to Financial Statements June 30, 2004 Note 4 - Cash and Investments (continued) State of California Local Agency Investment Fund ("LAIF"). Interest is deposited into the LAIF account quarterly. Interest income earned on pooled cash and investments is allocated to the various funds based on the average cash balances held by each fund during the year. During the year ended June 30, 2004 the Agency held no investments which are required to be categorized by risk. Note 5 - Notes Receivable At June 30, 2004, the Agency has $643,185 in Notes receivable due from Cecilia Place Homes Limited Partnership, a California limited partnership (the "Developer"). The notes are secured by a Deed of Trust and are due on March 31, 2027. The notes consist of the following: Notes receivable from Developer: Interest bearing at 3% Interest free $ 439,149 204.036 $ 643.185 The interest receivable related to the notes as of June 30, 2004 is $77,048, which is not reported in the accompanying financial statements. . The Ecumenical Association for Housing, a nonprofit corporation, completed the Cecilia Place Senior Housing Improvement Project in 1997. The Agency's housing set-aside fund provided the funds for a portion of the project's site and building construction improvements. In addition, the Agency loaned the Developer $339,149 for predevelopment and construction costs ("Original loan"). The Original loan bears simple interest at 3% per annum, commencing on March 31, 1997, and is due thirty years after that date. The Agency increased the Original loan amount by $412,373, which increased the note receivable balance to $751,522. The additional note was originally interest free but was later amended to bear a 3% interest rate on $100,000 of the additional note. Note 6 - Stewardship, Compliance and Accountability Management is not aware of any material violations of finance-related legal or contractual provisions in any of the funds of the Agency. -12- THE TIBURON REDEVELOPMENT AGENCY STATEMENT OF REVENUES AND EXPENDITURES BUDGET AND ACTUAL - GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2004 Special Revenue Fund Housing Set-Aside Fund Original Final Budget Budget Actual Revenues Property tax increment $ $ $ Excess ERAF contribution rebate Investment earnings 12,500 12,500 10,404 Total Revenue 12,500 12,500 10,404 Expenditures ERAF contribution to State Administration and planning 6,000 6,000 2,636 Total Expenditures 6,000 6,000 2,636 Excess of revenue over (under) expenditures $ 6,500 $ 6,500 $ 7,768 See independent auditor's report -13- 4,500 4,500 4,500 4,500 48,147 2,000 50,147 $ (500) $, (500) $ (13,926) -13- INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH AUDIT GUIDELINES FOR CALIFORNIA REDEVELOPMENT AGENCIES Members of the Tiburon Redevelopment Agency Tiburon, California We have audited the component unit financial statements of the Tiburon Redevelopment Agency ("the Agency") as of and for the year ended June 30, 2004, and have issued our report thereon dated September 15, 2004. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the component unit financial statements are free of material misstatement. Compliance with laws and regulations applicable to the Agency is the responsibility of the Agency's management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of the Agency's compliance with provisions of laws and regulations contained in Guidelines for Compliance Audits of California Redevelopment Agencies issued by the State Controller's Office, Division of Accounting and Reporting. The results of our tests indicated that, with respect to the items tested, the Agency complied, in all material respects, with the provisions referred to in the second paragraph. With respect to items not tested, nothing came to our attention that caused us to believe that the Agency had not complied, in all material respects, with those provisions. This report is intended for the information of the Agency and the State Controller's Office and is not intended to be and should not be used by persons other than these specified people. ~ & t)~ Certified Public Accountants Roseville, California September 15, 2004 -14-