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Home My WebLink AboutTC Agd Pkt 2001-01-17 I!iAS7Ef ...- TOWN OF TIBURON Regular Town Council Meeting Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 7:30 PM - Wednesday, January 17, 2001 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 Ihe Belvedere-Tlburon Library located adjacent to Town Hall. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed actlon(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). REGULAR AGENDA CALL TO ORDER AND ROLL CALL Councilmember Bach, Councilmember Gram, Vice Mayor Mathews, Mayor Thompson 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 tonighI 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. SWEARING IN OF NEW TOWN COUNCIL MEMBER (1) Administration of the Oath of Office by Town Clerk to newly.appointed Town Councilmember Jeff Slavitz Agenda - Town Council Meeting January 17, 2001 Page 2 of 2 PRESENTATION (2) Tamalpais High School District Bond Measure - Superintendent William J. Levinson CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion unless a request is made that an item be transferred to the Regular Agenda for separate discussion and consideration. Any item on the Regular Agenda may be moved to the Consent Calendar. (3) Approval of Town Council Minutes - December 20, 2000 (No. 1207) (4) Approval of Town Council Minutes - January 3, 2001 (No. 2001.01) (5) Receipt of MCCMC 2001 Legislative Report - Report by Councilmember Mathews (6) Receipt of Monthly Investment Summary Report - December 2000 - Report from Finance Director (7) Designation of Town Manager for Determination of Disability Retirements (Public Safety Only) - Report and Recommendation from Town Manager (a) Adoption of a Resolution of the Town Council of the Town of Tiburon Granting the Town Manager Authority to Determine Local Safety Employees as Disabled for the Purpose of Retirement REGULAR AGENDA (8) Town Council Committee Appointments - Report and Recommendation from Town Clerk (9) Approval of Zelinsky Parking Lot Improvements - Report and Recommendation from Town Manager COUNCIL. STAFF. COMMITTEE REPORTS AND RECOMMENDATIONS (10) Acceptance of 1999-2000 Audited Financial Statements - Report by Finance Director (11) Approval of Mid-Year Budget Review (2000-2001) - Report by Finance Director (12) Review of Secondary Dwelling Units Ordinance - Report by Planning Director WRITTEN COMMUNICATIONS (13) Town Council Weekly Digest - January 5, 2001 (14) Town Council Weekly Digest - January 12, 2001 ADJOURNMENT T AMALPAIS UNION HIGH SCHOOL DISTRICT P.O. BOX 605 - LARKSPUR, CA 94977 - (415) 945-3737 - FAX (415) 945-3609 California Distinguished Schools: Tamalpais, Drake and Redwood High Schools Tle~FL - December 14,2000 Mayor Tom Gram Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Mayor Gram and Members of the Town Council: Two years ago the Tamalpais Union High School District established a Facilities Planning Committee to study the physical condition of the District's five high schools. With the collective expertise of structural, electrical, seismic and soils engineers, architects, cost estimators, teachers and community members, a master plan was developed for the repair and renovation of the District's facilities. After careful consideration, the Board of Trustees voted to place a $121 million bond measure on the March 6, 2001 ballot to provide the funds needed to repair and modernize school facilities to better serve our students and communities. I'm writing to request an opportunity to appear on your January agenda for a brief presentation of the District's plans for your local public high school. Your awareness and understanding of our planning process, our facilities needs, and our plans for the future of our high schools are a critical component of our public education efforts. Please notify my secretary, Laurie Famera, 945-3720, if! can provide you with any additional information in advance. Sin reI, ]jam J. Levinson Superintendent of Schools District Mission: Preparing toJaY'$ students for tomorruw's world. TOWN COUNCIL MINUTES ~~3 O'?4r, CALL TO ORDER, Mayor Thomps ed the regular on Wednesd , December 20,2000, i Tiburon, Cal mia. eting of the Tiburon Town Council to order at 7:45 p.m. Town Council Chambers, 1505 Tiburon Boulevard, A. ROLL CALL PRESENT: COUNCILMEMBERS: Thompson, Bach, Gram, Hennessy, Matthews PRESENT: EX OFFICIO: Town Manager Mcintyre, Town Attorney Danforth, Acting Chief of Police Odetto, Superintendent of Public Works Iacopi, Town Clerk Crane Iacopi B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Thompson said litigation was discussed but no action was taken in closed session. C. PUBLIC QUESTIONS AND COMMENTS None. D. COUNCIL. COMMISSION & COMMITTEE REPORTS Councilmember Hennessy recommended that someone from Southern Marin be appointed to her MCCMC position as LAPCO representative. She noted that there were already three representatives on the LAPCO Board from Novato. Councilmember Bach expressed an interest in the position. Mayor Thompson asked his fellow Councilmembers to look at the other Council Committee appointments, and to make a list of goals for the upcoming retreat in January. Vice Mayor Matthews, Chair of the MCCMC Jt. Services JPA Oversight Committee, said that the final draft of the committee's report had been distributed to all Marin cities and the County, and that a presentation would be made to each entity in January and February 2001. E. CONSENT CALENDAR 1) MARGARTET AZEVEDO - Resolution in Memoriam - (Adopt) 2) GRANT APPEAL OF DESIGN REVIEW BOARD DECISION - (Based on Compromise Reached between Appellant and Applicants) - to approve Site Plan and Architectural Review for Construction of a Fence on property located at 163 A venida Miraflores - AP No. 039-261-05 - Farnoosh & Firuze Hariri, Applicants; Chester Judah, Appellant - (Adopt Resolution) 3) STEWART DRIVE INTERSECTION - (Authorize Agreement for Professional Services to perform Traffic Study - Korve Engineering) Town Council.Uinu/es #1207 December 20. 2000 Page I Council commented that it was important to instruct the engineers performing the above traffic study to check with the School District to ensure that the counts were of typical traffic days, not holidays. 4) TOWN COUNCIL MINUTES - No. 1204 - November 9, 2000; No. 1205 - November 14,2000 - (Adopt Amended Minutes) MOTION: Moved Vote: To approve Consent Calendar Item Nos. 1 - 4 above. Hennessy, Seconded by Bach AYES: Unanimous F. UNFINISHED BUSINESS 5) ZELINSKY PARK - ( Award of Contract) Town Manager McIntyre said the remaining issues boiled down to two: I) Whether the landscaping portion of the park would be contracted out or done by the Town's Public Works Department; 2) Water rights, i.e. the purchase and installation of a water meter and allocation from MMWD. McIntyre said he had spoken with MMWD and had been informed there would be a six-week lead time for approval of a new meter and water allocation once the landscaping plans were received. Zelinksy Park Committee Chair Bruce Ross commented that the landscaping portion was "Phase I" of the project, which would be followed at a later date by the installation of trellis, park bench and picnic furnishings. Councilmember Bach said the Tiburon Peninsula Foundation had already pledged money toward the latter. Mayor Thompson opened and closed the public hearing. There was no public comment. In response to a question from Vice Mayor Matthews, Mr. Ross said no lighting would be installed in the Park. Superintendent of Public Works Iacopi said that the Town was already into Tier 2 water usage, prompting Vice Mayor Matthews to ask for clarification about the annual cost of water for the park. Councilmember Gram said the project was moving forward, but asked Council which direction it should go with regard to the landscaping. Gram recommended using Town Staff versus an outside contractor, which would result in cost savings that could be applied to the rest of the project. Gram also pointed out that due to the delay in receiving approval for the water meter, the timing argument in favor of using an outside contractor was no longer valid. Town Council Minutes #1207 December 20, 2000 Page 2 Town Manager McIntyre noted that Superintendent Iacopi's estimate showed a $7500 cost savings for the landscaping portion of the project. However, Bruce Ross pointed out that the Public Works' estimate called for hydroseeding while the contractor's bid showed the use of sod. Ross said therefore that the comparison was not "apples to apples." Mayor Thompson argued against the use of Town Staff on the project during the upcoming winter months when they are often called out on emergencies. Councilmember Bach said that while the Public Works Department had submitted an estimate to perform the job, the contract from Neary Landscaping was a firm bid. Bach said he would prefer to use an outside contractor to avoid further delays. Vice Mayor Matthews asked whether the contract price would continue to increase as a result of change orders. Councilmember Gram concurred that this was an unknown factor. Councilmember Hennessy said she had understood the arguments from both sides. Chair Ross noted that the cost of Zelinsky Park was not coming from tax dollars but rather from park "in-lieu" fees charged by the Town to the developer of Pt. Tiburon. MOTION: To accept the "not to exceed" bid of Neary Landscaping [for Phase I of the project]. Bach, Seconded by Hennessy AYES: Bach, Hennessy, Thompson NOES: Gram, Matthews Moved: Vote: MOTION: To authorize the expenditure of Town funds for a water meter and allocation from MMWD. Hennessy, Seconded by Bach AYES: Unanimous Moved: Vote: Finally, Town Manager McIntyre asked Council to let the Public Works Department pour the footings and foundations for the park furnishings during Phase I of the project to avoid tearing up the newly installed landscaping after the fact. Council agreed with his recommendation. G. NEW BUSINESS 6) PUBLIC WORKS DIRECTOR/TOWN ENGINEER - (Authorize Recruitment for full- time position) Town Manager McIntyre said that Public Works was the second largest department in the Town with an annual budget of nearly one million dollars and a capital budget of over a million dollars. McIntyre said a Public Works Director/Town Engineer was a traditional position and appropriate in this instance. He said the benefits to the Town would be consistency on projects, stronger project management and inspection, and a better management team, which would be more responsive to the Council and the public. Town Counci/Minutes #1207 December 20, 2000 Page 3 McIntyre pointed out that large-scale design projects would still have to be contracted out, such as the Ferry Area improvements. Councilmember Gram asked for an estimate ofthese fees for future reference. Mayor Thompson said he also wanted to see these numbers. Gram also asked how much of the current engineer's fees were reimbursed from other sources. He said he would like to see these amounts broken down. McIntyre said that last year the Town paid $164,000 for Engineering Services to I.L. Schwartz and Associates, some of which were design costs and some ongoing costs. Councilmember Gram asked for clarification of how much of the $164,000 was for design services. McIntyre delineated the cost of recruitment for a Director of Public Works/Town Engineer as follows: · $143,000 annual salary and benefits (consisting of$120,000 Director salary plus $23,000 salary for a part-time assistant) . $15,000 remodel of office space (one-time cost) . $20,000 recruitment fee (one-time cost) Councilmember Hennessy said she and Vice Mayor Matthews had endorsed the proposal when it was presented to them at a Finance Subcommittee meeting. Mayor Thompson opened the public hearing. John Kern, Stewart Drive, said the Town needed to hire an in-house engineer who would be responsive during a crisis and which would also eliminate potential conflicts of interest on Town projects. Mr. Kern said that projects were not being properly supervised and said he strongly supported the recommendation of the Town Manager. Mayor Thompson closed the public hearing. MOTION: To authorize Staff to begin the recruitment process for a Public Works Director/Town Engineer Gram, Seconded by Matthews AYES: Unanimous Moved: Vote: H. PUBLIC HEARING 7) DOWNTOWN FERRY AREA ACCESS & SAFETY IMPROVEMENTS - Ordinance Exempting Project from Tiburon Zoning Ordinance and Establishing Streamlined Processing Procedures therefore - (2nd Reading and Adoption) Council waived the Staff report. Mayor Thompson opened and closed the public hearing. There was no public comment. Town Council Jlviinutes #1207 December 20, 2000 Page 4 u MOTION: Moved: Vote: To read the ordinance by title only. Gram, Seconded by Matthews AYES: Unanimous Mayor Thompson read, "An Ordinance of the Town Council of the Town of Tiburon Establishing Streamlined Permit Review Procedures for the Downtown Ferry Area Improvement Project." MOTION: Moved: Vote: To adopt above ordinance. Bach, Seconded by Gram AYES: Bach, Gram, Hennessy, Matthews, Thompson NOES: None 1. STAFF & TOWN MANAGER REPORTS Town Manager McIntyre confirmed the Holiday closure schedule for Town Hall. J. INTERVIEWS - (Town Council Vacancy) Mayor Thompson said this was the last meeting of Council member Terry Hennessy. Councilmember Bach said he was proud to have served with her. Vice Mayor Matthews concurred. Councilmember Henessy said it had been a pleasure to serve on the Council for the last five years and said she was proud of the accomplishments made by the Council. She said it had been a "broadening" experience and that she had learned to become more flexible as a result of serving on the Council. She thanked everyone for the honor of serving. At 8:40 p.m., Council commenced the interviews for the replacement of Council member Hennessy. The following residents were interviewed: I. Margarita Perry, 549 Silverado Drive 2. JeffSlavitz, 45 North Upper Terrace 3 Miles Berger, 14 Raccoon Lane 4. Alice Fredericks, One Cazadero Lane 5 Catharine Benediktsson, 2352 Mar East Street All of the candidates were given the following questions prior to their interviews: · "What have you done to prepare yourself for taking over this role?" · "Please give us more detail on what your 'Vision' is for the Town ofTiburon." In addition to the above questions, Council asked each candidate whether they were familiar with the Town's General Plan, Zoning Ordinance and Budget, what experience they had appearing before commissions and committees, whether their time commitments would allow them to serve, if not selected would they run for Council, and what they thought were the most important issues facing the Town. Town Council Minutes # 1207 December 20, 2000 Page 5 Once the 15-20 minute individual interviews were concluded in public session, Council deliberated briefly and determined to bring Planning Commissioners Berger, Fredericks and Slavitz back for second interviews on January 3,2001. They noted the long-time community involvement of all three. K. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Thompson adjourned the meeting at 10:15 p.m., sine die. ANDREW THOMPSON, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #1207 December 20, 2000 Page 6 TOWN COUNCIL MINUTES ~ O'?4Fr CALL TO ORDER Mayor Thompson called the regul:lK meeting of the Tiburon Town Council to order at 7:33 p.m. on Wednesd~, January 3,2001, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ~ A. ROLL CALL PRESENT COUNCILMEMBERS: Bach, Gram, Matthews, Mayor Thompson PRESENT EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Superintendent of Public Works Iacopi, Acting Chief of Police Odetto, Town Clerk Crane Iacopi B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Thompson said there was no closed session. C. PUBLIC QUESTIQNS AND COMMENTS None. D. COUNCIL. COMMISSION & COMMITTEE REPORTS None. E. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES 1) TOWN OF TffiURON APPOINTMENTS LIST - As of December 31,2000 - (Adopt) Council reviewed the list and determined that the Downtown Revitalization Task Force, an inactive committee, should be disbanded. Town Clerk Crane Iacopi was directed to write a letter to the committee members informing them of the action. Town Clerk Crane Iacopi also noted that a new ad hoc committee, the Lanes & Paths Committee, consisting of Mayor Thompson, Planning Commissioner Alice Fredericks, Parks & Open Space Commissioner Helen Lindqvist, and Lyford's Cove/Old Tiburon Resident Leslie Lynch, had been appointed in December and would be added to the list. 2) NOTICE OF PENDING VACANCIES - 2001 - (Announce) Mayor Thompson read the following pending vacancies into the record: · Planning Commission - Term Expiration ofJeffSlavitz, February 28,2001 · Design Review Board - Term Expiration of Michael Figour, February 28,2001 · Heritage & Arts Commission - Term Expiration of Andrea Morgan, February 28, 2001 Town Council Minutes #01-2001 January 3, 2001 Page 1 . Parks & Open Space Commission - Term Expiration of Judy Burgin, Chair, February 28, 2001 & Jordan Eth, February 28, 2001 . Belvedere Tiburon Library Agency - Term Expiration of Board member Carol Forrell, June 30, 2001 . Parks & Open Space Commission - Existing Vacancy due to Thomas Allen's resignation in July 2000 Regarding the above term expirations, it was noted that Design Review Boardmember Michael Figour and Heritage & Arts Commissioner Andrea Morgan are eligible for automatic reappointment since they have served less than two years on their commissions. Town Clerk Crane Iacopi also pointed out that the Council would hear an ordinance in February that would reduce the number of Parks & Open Space Commissioners from its current seven to five. 3) TOWN COUNCIL COMMITTEE APPOINTMENTS - Continued pending the appointment of a new Councilmember. F. CONSENT CALENDAR 4) STEWART DRIVE UNDERGROUNDING UTILITIES ASSESSMENT DISTRICT- Appointment of Bond Underwriter - (Adopt Resolution) MOTION: Moved: Vote: To approve Consent Calendar Item NO.4 above Gram, Seconded by Bach AYES: Unanimous Stewart Drive resident John Kern and Bond Underwriter Mark Pressman were in the audience. Vice Mayor Matthews asked them about the amount of the bond issuance. Mr. Kern said it was over a million-dollar project and Mr. Pressman estimated the bond issuance to be in the vicinity of $900,000 after prepayments. Mr. Pressman said he was also eager to work with neighborhood groups in the future to provide information and facilitate the undergrounding of utilities process. G. INTEREVIEWS - (Town Council VaCanCY) Mayor Thompson asked Vice Mayor Matthews for assistance in drawing straws to determine the order of interviews. The results were as follows: 1. Jeff Slavitz 2. Miles Berger 3. Alice Fredericks Town Council Minutes #01-2001 January 3, 2001 Page 2 Council asked each candidate whether they thought there was room for improvement in the Town's Planning and Design Review Board processes. One of the issues discussed was whether the Town's guidelines for FAR exceptions should be upgraded to the level of a variance. Each candidate said the annual workshops held by the Council with each Commission were helpful and that ~ll feedback from the Council was welcome. It was also suggested that there be more communication between the Planning Commission and Design Review Board. The candidates, all of them Planning Commissioners, remarked on the professional caliber of the Town's Planning Staff Council once again asked each candidate what he or she saw as the main issues facing the Town and how they would address them. The candidates spoke of traffic, transportation, the viability of the downtown area, and future build-out and maintenance of Town character and quality oflife. H. NEW BUSINESS 5) TOWN COUNCIL APPOINTMENT Council began its deliberations at 8:40 p.m. Council praised the qualifications and experience of all the candidates and said it was a truly difficult decision to choose from among the three. Each Councilmember said it would be a pleasure to serve with any of the candidates, but noted that both Mr. Berger and Mr. Slavitz had lived in the community for a longer period of time and had more local community experience than Ms. Fredericks. MOTION: To appoint Planning Commissioner Jeff Slavitz to the Town Council to fill the unexpired term of Council member Terry Hennessy. Matthews, Seconded by Gram AYES: Unanimous Moved: Vote: It was noted that Mr. Slavitz would be sworn in at the January 17, 2001 Town Council meeting. I. STAFF & TOWN MANAGER REPORTS 6) SET DATE FOR TOWN COUNCILISTAFF RETREAT- January 31,2001 at 4:00 p.m. was selected as the date and time of the retreat. Town Manager McIntyre also announced that Police Chief Peter G. Herley had retired, effective December 30,2000, and that Matt Odetto, formerly named acting Chief, would continue in that capacity. III III III Town Council Minutes #01-2001 January 3, 2001 Page 3 J. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Thompson adjourned the meeting at 9:00 p.m., sine die. ANDREW THOMPSON, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #01-2001 January 3, 2001 Page 4 ~M' s- TOWN OF TIBURON MEMORANDUM , "~~OF-rl ~"(..~ !~ ~..."lt~"?O _. ~>"._ 1-1 ,'" .1 o ,~ '7('/ < j T. . ",'" .~ '" _. C, -"'iI/j O"'Nrltl,' \~0>.ol\. , . To; MAYOR ANDREW THOMPSON COUNCILMEMBER MOGENS BACH COUNCILMEMBER TOM GRAM COUNCILMEMBER JEFF SLA VITZ From: VICE MAYOR MATTHEWS Subject: MCCMC LEGISLATIVE COMMITTEE Date: January 10,2001 As you know, I am on the Legislative Committee of the MCCMC. During the past year we have placed emphasis on how to raise MCCMC's clout with our legislators in Sacramento, primarily John Burton and Joe Nation. The attached memo from Tony Curtis (Mayor, Ross) describes in some detail what we are trying to accomplish and how. I will not be at our January 17, 2001 Council meeting to give the Legislative Committee's report. However, at the MCCMC dinner on January 24 in Fairfax, this will be the program topic. Please take a few minutes to read Tony's memo and you can ask questions at the Fairfax dinner on the 24th. Re~~_i4~ Harry S. Matthews y HSM/dci Cc: Town Manager 01/09/01 TrE 17:43 FAX 415 459 2242 C!TY SA" R.\FAEL ~002 MCCMC LEGISLATIVE COMMITTEE Memo To.: MCCMC General Membership From: Tony Curtiss, Chair, MCCMC Legislative Committee Date: January 8, 2001 Re: Legislative Priorities and Advocacy Strategy The Legislative Committee has discussed at length how to raise MCCMC's profile with our legislators in both Washington and Sacramento. In particular, the Legislative Committee desires to foster a constructive and productive relationship with Assembly Member Nation and Senator Burton. The following legislative priorities and actions steps are offered for the purpose of discussion, and are not in particular order. I. MCCMC Legislative Priorities These are the 2001 legislative priorities adopted by the League of Califomia Cities, MCCMC needs to establish its legislative priorities to communicate to our legislators in Sacramento and our residents. The Legislative Committee recommends adoption of the same priorities, which are listed below. A. Local Control - Advocate legislation that enhances local control of resources and tools that allow city councils to address the needs of city residents within a framework of regional cooperation, Oppose new un-funded mandates and preemption of local authority. Encourage the use of state incentives for local govemment action rather than mandates. B, Fiscal Reform - Reform local govemment finance structure in a way that establishes a stable revenue base for local government to plan for future growth and provide needed public facilities and services. Support revenue . Page 1 01/09 01 TlE 17:44 FAX 415 459 2242 C IT\' SA" RAFAEL I4i 003 measures that dose the gap between tax revenue from development and the cost of providing services. C, Transportation investment. Support measures that promote a stable transportation finance Structure for state and local government that balances and supports all modes of transportation to enhance livable local communities. Should these priorities be adopted by MCCMC, they will collectively become the raison d'~tre for all our efforts in Sacramento and Washington. We will be weaving them into all correspondence and communication with our state and federal elected officials as we aggressively support favorable legislation while remaining vigilantly on the lookout for legislation at odds with our core values. Additionally, these priorities will be used as the cornerstone of public information pieces to the residents of Marin. II. A More Activist Role in Shaping the Legislative Process The Legislative Committee recommends that MCCMC and the Legislative Committee take a more active role in furtherance of the above legislative priorities. If the general membership is in favor of pursuing a more proactive and vigorous approach when it comes to supporting and defeating legislation, the Committee urges the membership to consider the following steps be included as possible actions at our disposal in pursuing a more vigorous advocacy of our priorities. III. Action Steps The Legislative Committee believes that these action steps will heighten MCCMC's visibility in communicating our legislative priorities. These action steps will augment the direct lobbying Ken Emanuels does for MCCMC. Direction is needed as to which of the steps the MCCMC general membership supports. The action steps proposed do not conflict with the current MCCMC by-laws, which clearly state that MCCMC shall not support or endorse any candidate for public office. We are not proposing that we become partisan. We are proposing that we more effectively pursue non-partisan commonly shared priorities. Proposed Action Steps A. Determine specific MCCMC legislative priorities and present them to Assemblymember Nation and Senator Burton, earty in the session. . Page 2 01/09/01 TUE 17:45 FAX 415 459 2242 CITY SA~ RAFAEL I4J 004 B. Maintain voting records on bills of significant concern to the League and MCCMC, and report to the membership. C, Consider inviting district office staff to MCCMC Legislative Committee meetings to report on discussions held by the committee. 0, Schedule at least one face-to-face meeting with our newly elected Assembly Member and the Legislative Committee to discuss priorities before March. E. Invite Senator Burton and Assembly Member Nation to be the featured speakers at future general membership meetings. F. Identify critical bills and advocate positions in face-to-face meetings, letter writing campaign, and Op Ed pieces. G, Acknowledge or reward helpful votes, with reports to the membership and letters to the editor. H. Immediately communicate displeasure with votes that are antithetical to MCCMC priorities or stated positions on critical bills. Consider holding a press conference if you are really doublecrossed, I. Consider creating a legislative report card that scores our legislators on MCCMC's priorities and gives a final grade for the session. This report card could be published in local papers and perhaps discussed on the public access channel. J. Work with County Supervisors to develop a joint "Marin County local government legislative priority statement" for Burton and Nation. We have many more positions in common with Marin County than disagreements. K. Schedule a legislative committee staffer to visit Sacramento every two or three months to visit the legislative offices of Burton and Nation and become personally acquainted with their legislative aides. These staffers change all the time; the idea is to establish a local face for MCCMC and a person they can call, in addition to Ken Emanuels. This should not take the place of visits or contact by MCCMC Legislative Committee members; this is staff-to-staff face time. L. Work to obtain more timely editorials or write Op Ed pieces in the I.J, for your positions, Even jointly signed letters to the editor on legislative issues are clipped and noted by legislative staff in Sacramento. M. Consider ways to further the agenda of either of our state elected officials. For example, ask each City Council to invite Assembly Mernber Nation to join . Page 3 01109/01 TrE 17:46 FAX 415 459 2242 CITY SA:" RAFAEL ~005 them in a council session, He gets exposure and the friendly support of local elected leaders. N. Research FPPC contributor list and general election endorsement list for ideas for future allies and coalition partners. The Legislative Committee recommends that tonight the MCCMC membership adopts the legislative priorities described above and endorses a more activist role for MCCMC and the Legislative Committee. If the MCCMC membership approves the two recommendations, the Legislative Committee would then suggest beginning a dialogue as to the action steps that wiil be beneficial in promoting the adopted priorities. My apologies for not being able to participate in tonight's panel discussion. I am on a long scheduled vacation to Hawaii, Anne Solem will ably represent our committee. . Page 4 TmURONTOWNCOUNca STAFF REPORT Meeting: To: From: Subject: January 17,2001 Item: TOWN COUNCIL MEMBERS RICHARD STRANZL, FINANCE DIRECTOR MONTHLY INVESTMENT SUMMARY REPORT- AS OF THE MONTH ENDED DECEMBER 31, 2000 CONSENT # ~ TOWN OF TIBURON Institution! Agency Investment Amount Interest Rate Maturity State of California Local Agency $7,550,249 6.535% Liquid Investment Fund (LAlF) I Total Invested: $7,550,249 I TIBURON REDEVELOPMENT AGENCY Institution! Agency Investment Amount Interest Rate Maturity State of California Local Agency $1,009,053 6.535% Liquid Investment Fund (LAlF) Bank of America Other $0 I Total Invested: $1,009,053 I Notes to Table Infonnation: State of California Local Agency Investment Fund (LAlF): 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. (As received January 11,2001) Acknowledgment: This surrunary report accurately reflects all pooled investments of the Town of Tiburon and !he Tiburon Redevelopment Agency, and is in confonnity with State laws and the Investment Policy adopted by the Town Council. The investment program herein surrunarized provides sufficient cash flow liquidity to meet next month's estimated expenditures. -Gif Richard Stranz1, Finance Director January 11, 2001 cc: Town Treasurer ~ TOWN OF TIBURON STAFF REPORT To: Mayor and Members of the Town C~. cil Alex D. McIntyre, Town Manager ~ ITEMNO.L From: Subject: Adoption of a Resolution Granting Town Manager Authority to Determine Local Safety Employees as Disabled Date: January 12, 2001 Presently, the Town Council retains the authority to grant individual disability retirements to public safety employees. For expediency purposes, this is a role that may be better suited at the administrative level for non-contested disability retirements. For more complex disability retirements, the Town Council would retain authority for special issues related to settlement. Also, remanding such authority to an administrative level may better preserve employees' privacy. Recommendation It is recommended that the Town Council adopt the attached resolution granting the Town Manager authority to determine local safety employees as disabled for the purpose of retirement Attachment RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON GRANTING THE TOWN MANAGER AUTHORITY TO DETERMINE LOCAL SAFETY EMPLOYEES AS DISABLED FOR THE PURPOSE OF RETIREMENT WHEREAS, the Town of Tiburon (hereinafter referred to as Agency) is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he is classified as a local safety member is disable for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such Law; and WHEREAS, the Town Council of the Town of Tiburon has determined upon legal advice that it may delegate authority under Section 21173 of the Government Code to make such determinations to the incumbent of the position of Town Manager authority to make determinations under Section 21152( c), Government Code, on behalf of the Agency, of disability and whether such disability is industrial and to certify such determinations and all other necessary information to the Public Employees' Retirement System; and BE IT FURTHER RESOL VED that such incumbent be and helshe is authorized to make applications on behalf of the Agency for disability retirement of all employees and to initiate requests for reinstatement of such employees who are retired for disability. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 17,2001, by the following vote: AYES NOES ABSENT COUNCILMEMBERS. COUNCILMEMBERS. COUNCILMEMBERS ANDREW THOMPSON, MAYOR Town of Tiburon ATTEST DIANE CRANE-IACOPI, TOWN CLERK TOWN OF TIBURON STAFF REPORT ITEM NO. ~ To: MAYOR AND MEMBERS OF THE TOWN COUNCIL From: DIANE CRANE IACOPI, TOWN CLERK Subject: TOWN COUNCIL COMMITTEE ASSIGNMENTS Date: January 17, 2001 At its January 3,2001 meeting, the Town Council deferred making its annual committee assignments pending the appointment of a new Councilmember. With the appointment of Jeff Slavitz to the Council, it is appropriate to both A) review the list and make new assignments, and B) delete or update any new or outdated committee assignments. It is recommended that the Town Council review the Committee Appointments list and revise accordingly. The attached 1999-2000 Appointments list shows highlights for Committee assignments previously held by Councilmember Hennessy and Committees which the Town Council may wish to disband. EXHIBIT --Tiburon Town Council Committee Assignments dated 12/1/99 TIBURON TOWN COUNCIL CQMl\'l1nEE APPQINTMENTS (1999 - 2000) L STATE. LOCAL & REGIONAL AGENCIES (Appointee & Alternate) I. LEAGUE OF CALIFORNIA CITIES - (North Bay Division Meets Quarterly- Annual Conference in October) Mogens Bach - Delegate Harry Matthews - Alternate 2. COUNTYWIDE PLANNING AGENCYICONGESTION MANAGEMENT _ (Meets Monthly on 4th Thursday at 7:30 p.m. - San Rafael City Hall) Tom Gram - Delegate Mogens Bach - Alternate 3. ABAG - (Executive Board meets monthly in Oakland, MetroCenler, ABAG, Room 102A) Andrew Thompson - Delegate Tom Gram - Alternate 4. COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE (CDBG) H Matthews - Dele ate 5. RICHARDSON BAY REGIONAL AGENCY - (Meets Monthly on 2nd Wednesday at 6:00p.m. -Sausalito City Hall) Andrew Thompson - Delegate Mogens Bach - Alternate II. STANDING COMMITTEES - (Meetings scheduled as needed) 1. FINANCE & ADMINISTRATION .... Harry Matthews 2. PUBLIC SERVICES Mogens Bach Andrew Thompson 3. LANDS & DEVELOPMENT Tom Gram Andrew Thompson 4. LEGAL Tom Gram Harry Matthews Council Committee Appointments - Adopted 12/1/99 t III. MCCMC APPOINTMENTS Appointed by MCCMC President 1. MCCMC Legislative Committee Harry Matthews 2. Joint Services Coordination Program Oversight Committee Harry Matthews Appointed by MCCMC City Selection Committee 1. LAFCO -- Town Appointments to MCCMC 1. ATT - Marin Telecommunications Agencv - (Subcommittee meets before MCCMC Dinners as needed) Mogens Bach 2. H"7"rdous & Solid WasteJPA Robert Kleinert Andrew Thompson (Alternate) 3. North Bay Division - League of Califomia Cities - (Meets Quarterly) Mogens Bach Harry Matthews (Alternate) 4. Marin Communitv Foundation City Liaison Committee - (Meets Quarterly) Mogens Bach Council Committee Appointments - Adopted 12/1/99 2 TOWN OF TIBURON STAFF REPORT ITEM NO. 3- To: Mayor and Members of the Town Council From: Alex D. McIntyre, Town Manager ~ Subject: Zelinsky Parking Lot Improvements Date: January 12,2001 With greater regularity, the Town Hall/Library parking lot has proven inadequate to handle the capacity for the number of visitors and staff who park there. During certain times of the day, parking spills onto Tiburon Boulevard and Mar West. This can prove frustrating to staff, and perhaps more importantly, the general public. The Zelinsky Parking lot located immediately east of Town Hall provides paid parking for visitors to Town and remains unimproved. During weekdays, the parking lot is little used. The parking lot operates with a conditional use permit (CUP) that expires in May 2001 (attached). One of the conditions of approval for the CUP is: 3. Permitee shall develop and submit for review and approval a more detailed and specific paving and improvement schedule prior to any further time extensions of this use permit. Mayor Thompson and I approached Ed Zelinsky and inquired as to the feasibility of Town and library staff using spaces in his parking lot. The concept discussed was that the parking lot could be improved (leveling, asphalt, drainage, lighting, striping and landscaping) as a public improvement in exchange for the Town having use of the parking spaces. In addition, in order to extend his CUP, Mr. Zelinsky needs to gain approval of an improvement schedule from the Town. Mr. Zelinsky was amenable to the idea. Estimated Costs The Town Engineer has "roughly estimated" the cost to improve the lot to be approximately $56,900 (without landscaping). There may be an opportunity to reduce these costs depending upon the amount (thickness) of asphalt needed. The cost of the improvements could be shared between the Mr. Zelinsky, the Town and the library. The first step would be to conduct soils testing and to have the engineer design the improvements. [ have received estimates for both which are $3,200 and $5,900 respectively. I would ask the Town Council January 12, 2001 Page 2 of2 T own to front these monies at this point as they can be recouped through the negotiated process. Recommendation There seems to be little disagreement that improving the parking lot would enhance Tiburon Boulevard and the adjacent civic center. Creating additional staff parking would generate adequate parking for those visiting Town Hall or the Library. It is recommended that the Town Council: Authorize the Town Manager to retain the appropriate soils engineer and civil design firms to initiate the project; 2. Authorize the Town Manager to negotiate with Ed Zelinsky to improve the parking lot in exchange for Town parking rights; and 3. Ask staff to return with the design, engineer's estimate and tentative agreement with Mr. Zelinsky for Town Council final approval. Attachments .' .lFnfL~ @@!PJW RESOLUTION NO. 99-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON EXTENDING A CONDITIONAL USE PERMIT TO OPERATE TWO (2) PUBLIC PARKING LOTS IN DOWNTOWN TIBURON ASSESSQR PARCEL NOS. 58-171-82 and 58-171-88 (PQRTION) WHEREAS, the Planning Commission of the Town ofTiburon does resolve as follows: Section I. Findin~s A. On May 24, 1995, the Planning Commission adopted Resolution No. 95-11 approving the operation of three (3) public parking lots in Downtown Tiburon. This permit was renewed in May, 1996 through adoption of Resolution No. 96-07, renewed again in 1997 through adoption of Resolution No. 97-07, and renewed again in 1998 through adoption of Resolution No. 98-11. Since the 1998 renewal, one of the lots has been paved and improved to Town standards B. The Planning Commission has received an application from Main Street Properties requesting a renewal of the conditional use permit to operate the two remaining public parking lots on unimproved sites in Downtown Tiburon as shown on attached Exhibit A; specifically: 1. 1525 Tiburon Boulevard (APN 58-171-82; just west of the Washington Mutual Bank building). 2. Currently unpaved portions of 1555 Tiburon Boulevard (APN 58-171-88; area adjacent to and just west of the Bell Market). C. The Planning Commission held a duly noticed public hearing on October 13, 1999 and has heard and considered any testimony from interested persons. D. The Planning Commission has found that the project is consistent with the Tiburon General Plan and is in compliance with the Tiburon Zoning Ordinance and other applicable regulations. E. The Planning Commission has determined that continued use of these areas for parking would be beneficial to the Downtown area and would not be detrimental to the public health, safety, or welfare. F. The Planning Commission finds that because the lots are unimproved (and are not proposed to be improved as part of this application), that only a temporary use pennit can be issued at this time. Applications for permanent parking lots would need to be filed separately with appropriate plans and specifications Tiburon Planning Commission Resolution No. 99.18 10/13/99 1 G. The Planning Commission has found that the project is categorically exempt from the requirements of CEQA. Section 2. Approval NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the Town of Tiburon hereby approves a two (2) year extension of the Conditional Use Permit application (File # 19503) subject to the following conditions: 1. The two lots shall be maintained in a neat and clean condition satisfactory to the Planning Director. 2. Any proposed interim improvement (lighting, signage, etc.) to the parking lots shall be reviewed by the Planning Director and may be referred to appropriate Town Boards andlor Commissions for consideration. 3. Permittee shall develop and submit for review and approval a more detailed and specific paving and improvement schedule prior to any further time extensions of this use permit. 4. In issuing this temporary pennit, the Town's action shall not be construed as a waiver ofthe right of the Town to apply any reasonable or necessary conditions to an application for permanent parking lots. 5 This pennit shall be extended two years and shall expire on May 8, 2001, unless an application for extension has been granted Should the use permit expire, the public parking use shall cease until such time as permits are secured. PASSED At'\JD ADOPTED at a regular meeting of the Planning Commission of the Town ofTiburon on October 13, 1999 by the following vote: AYES. NOES. ABSENT COl'v11'vllSS10NERS Berger, Klairmont, Knoble, Slavitz & Stein COl'v11'vllSSIONERS None COl'v11'vllSS10NERS None ATTEST II (~-& ~k M__ ~ SCOTT ANDERSON, SECRETARY 3Iots2c.res.doc Tiburon Planning Commission Resolution No 99-18 10/13199 2 :::. e, .... , '" ' . ::r ,-.-----. ;:0 OJ s: en ".. ..... ,. c.n Q - " -:.:::.0 :::! Q" <l> - I.D " "'0 IQ .t> r- Q ;:, Q" '" w ::: Q 1:1 ~ ::1 0- c: a ;:, - . . . 1 ~. , :. .. . " . .. ;. . ' . EXHIBIT "A" ~ '" ~ 5' - '~~';~i.~: . t:= ... ~ ;: v !=:)" ~ ~ ~"I :...:: ...?- ..... :.:., i: ':' =: ~ 't .. 'ZI _ ,. .'i''':;;.: _~ !~~....r~~ =g~st.L~ >>.. -.- ~:~rf~t _0". c.'" J" ;-~.:o;: '-)7. ;g.!g ~': ., ~ 1- .... ,.. ~ i 0; " , Q co ~ ~ '" " ., .. ~ :. ~ I: "' :r. ~ ,., .., en en ~ U. ;0 1,,- 1-ft" a1 < .' .,.s;' ~ ...'? .b, ,0 ~T ..1:>.... " " I'>.T .' J ~I ~.; . , " .. <; . ;/ '1--- . " ~ '- . ~ 0 E ~ "" . . .. ? : ,., ... ~. ~ .. '" . ~ 'r " " . 0 '" . ... - . , ~"\ .. " ,> f . ,: ~j " ,. ~ b ~. ,.. r r TOWN OF TIBURON '""~O' "."'0_ o . - . " . , . " 'rJ,-",,:' ,. "'.. : 1505 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 883-9200 FAX (415) 883-2763 OFFICE OF THE TOWN ENGINEER IrvingL Schwartz MEMO November 9, 2000 TO: Alex McIntyre Town Manager Irv SChwartz'U() Town Engin~r- In .'I::.9':\....J"!j.~!D u ':l:. it _'7i'M '.1 fk. il "---7:>\,,,'[:.'0;, ~- ~ t-_~ NOV 1 0 2000 FROM: TCWN MANAGERS nFF'^C T v ,\..t~ OWN OFTIBL'RCn RE: Zelinsky Parking Lot Our File No. 6940 - M "./../J .."..:..j-' -.r.;r ,,;;',d:.."''''' .;>...r-.,r0ffY'.."" .,,''''' _";f.lj'/_~ _.#,-"""-,1/.:",, "c. 'Ycr'"" .....""..if.."'''V.p: Vi.'" .", ".ie."'..'- ;." ;f./..~. .~".if/"".",,_..,'__ On Thursday, November 2, 2000, I made an inspection of the Zelinsky Parking Lot adjacent to Town Hall. The lot is approximately 140 feet wide by 200 feet deep. Over the years base rock and gravel have been added to the surface of the lot in order to provide a drivable area without too much dust or mud. The lot is relatively flat and it is not relatively apparent if it sheet flow drains or if water ponds during rainy weather. Paving of this lot would require approximately 8,070 tons of asphalt concrete per inch thickness of asphalt concrete. Using the price for asphalt concrete overlay bid by North Bay Construction for the Sring 2000 Road Rehabilitation Program, results in a cost of just over $9,400 per inch of thickness. Considering the fact that buses as well cars use this parking lot, the thickness of asphalt concrete required would probably vary from two to three inches. However, without some soils testing, this is unknown and could possibly increase in thickness. Additionally there would be costs involved in preparing the existing surface to receive the asphalt concrete, including the possible addition of base rock in order that the lot would properly drain. Based on the above, it is my estimate that the cost to pave this lot would be $30,000 minimum, plus the cost of some soils testing and surveying. CORRESPOJOB 6940.tncintyre.lot.memo.dcx: TOWN OF TIBURON Project: Date: Description: Proposed Work: : ~- _'r~t:-:~.~ .. ''';'''..,,,, .. -. 1505 TIBURON BOULEVARD. TlBURON . CALIFORNIA 94920 .. (415) 8SJ.9200 FAX (415) 8!J..Z763 OFFICE OF THE TOWN ENGINEER Irving L. Scbwartz .--- BUDGET ESTIMATE Zelinsky Parking Lot Improvements November 29,2000 The Zelinsky Parking Lot adjacent to Town Hall is approximately 140 feet wide by 200 feet deep_ Over the years base rock and gravel have been added to the surface to the lot in order to provide a drivable area without too much dust or mud_ The lot is relatively flat and appears to sheet-flow drain to Tiburon Boulevard. There is an existing kiosk near the center of the lot on a concrete pad and a center island with some lights on posts to accommodate nighttime use. There is some assemblence of a curb along the easterly side of the lot with log bolIards along the westerly and rear sides of the lot and around the center island. The area beyond the existing concrete apron leading to Tiburon Boulevard and excluding the concrete pad around the kiosk would be graded and base rock added in order to provide positive sheet- flow drainage towards Tiburon Boulevard. The existing unpaved area except for a strip approximately twenty (20) feet wide fronting Tiburon Boulevard and an island in the middle of the lot containing the existing light post would be reserved for landscaping would be paved. Some type of bollards or curb would be placed around the extremities of the lot and as a separation of the paved area from the landscaped areas mentioned above. In order to obtain bids for this project a Plan of the site will be prepared in order to establish grades and other details to assure proper drainage. Additionally, soils tests will be performed in representative locations in order to design a pavement section capable of withstanding the loads imposed by buses, which frequently use this parking area. Cost Estimate: A.. Construction 1. Asphalt Concrete 2. Aggregate Base 3. Bollards 4. Striping 5. Landscaping & Irrigation 480 Ton @ $65.00 per ton 200 Ton @ $20.00 perton 800 L.F. @ $5.00 per L.F. Lump Sum Subtotal Construction Contingency (10% :t) Total Construction B. Design & Administration 1. Civil Design 2. Soils Engineering 3. Construction staking & Construction Administration 4. Landscaping Architect Total Design & Administration * Total Project *Estimate does not include landscaping CORROSPOJOB 6940~.doc $31,200.00 $4,000.00 $4,000.00 $1,500.00 ? $40,700.00 $4,100.00 $44,800.00 * $5,900.00 $3,200.00 $3,000.00 ? $12,100.00 $56.900.00 * TOWN OF TIBURON STAFF REPORT January 17,2001 TOWN COUNCIL MEMBERS RICHARD STRANZL, FINANCE DIRECTOR AUDIT OF TOWN FINANCIAL STATEMENTS - FISCAL YEAR ENDED JUNE 30, 2000 - ACCEPT REPORT & STATEMENTS ITEM: 10 MEETING: TO: FROM: SUBJECT: BACKGROUND: This item is for acceptance of the audited statements of the Town ofTiburon and its Redevelopment Agency for the Fiscal Years ended June 30, 2000. DISCUSSION: The flnn Odenberg Ullakko Muranishi & Co., of San Francisco has conducted and completed the annual audits of the Town's General Purpose and Redevelopment Agency Financial Statements for Fiscal Year 2000. The audit commenced in September 2000 and was substantially completed by mid-December and [malized in December. The audited financial statements are consistent with generally accepted accounting and financial reporting standards. The financial reports include presentation of the assets, liabilities and fund equity positions of all funds, revenues and expenditures of all governmental fund types, supplemental data concerning assessed valuation, fund balance history, and general fund revenues and expenditures. The notes to the [mancial statements contain information concerning Town participation in the State Public Employees Retirement System (PERS), ABAG PLAN liability insurance pool, the Marin County Risk Management Association workers' compensation insurance pool, the joint powers agreement for recreation services (BTJRC), as well as information pertaining to long-term obligations including special assessment debt, bonds payable, and compensated leave payable. AUDITOR'S MANAGEMENT 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 judments and accounting estimates, significant audit adjustments, and other issues related to performance of the audit. The auditors also provide recommendations operational policies and procedures. Staff has discussed the representations with the auditor and will implement procedural changes where possible. A draft copy of the auditor's letter is attached for your review, the bound final copy should be ready for the meeting. RECOMMENDATION: Town COWlcil accept the report and audited financial statements of the Town of Tiburon and its Redevelopment Agency for the Fiscal Years ended Jm>e 30, 2000. ATTACHMENTS: 1. Report, General Purpose Financial Statements of the Town (2000, Component Unit Statements of Tiburon Redevelopment Agency (2000) 2. Auditor's Report to Town COWlcil (draft, as faxed to Staff) 2 01/12/2001 11: 37 F.U 415 434 3744 QUlI & CO. ~003 ", October 31, 2000 To the Honorable Mayor and Membe~oftheTownCouncilofthe Town of Tiburon, California REPORT OF INDEPE~DENT ACCOU/'Ii'T ANTS In planning and performing our audit of the financial statements of the Town of Tiburon (the "Town") for the fiscal year ended June 30,2000, we considered the Town's internal control structure in order to determine our auditing procedures. Although our audit was net desigr.ed to provide assurance on the intemal control str..lctUJ:e, we noted certain matters involving the internal control structure and its operation, and are submitting for your consideration related recommendations designed to help the Town make improvements and achieve operational efficiencies. Our comments reflect our desire to be of continuing a~sistance to the Town. Additionally, we have included a statement on Required Communications wit.~ the Town Council as required by professional standards. The accompanying comments and recommendations are intended solely for the information and use ot the management of the Town, the Town Council, and others within the organization. Please do not hesitate to contact Chris Millias at (415) 434-3744 should you have any questions regarding this report, or any other matters. Very truly vours, DRAFT 01/12/2001 11:38 FAX 415 434 3744 QLJI & CO. . 1i!I004 .' '" TOWN OF TIBURON 2000 REPORT TO TOWN COUNCIL I. REOUIRED COMMUNICATIONS Professional auditing standards require auditors to communicate with the Town Council on a number of subjects. The folloWir,g information satisfies these requirements, and is solely for use of management and the Town Council. A. The auditor's res'POnsibility under Generallv Accepted Auditine: Standards The audit of the Town's general purpose financial statements as of and for the fucal years ended June 30, 2000 was conducted in accordance with generally accepted auditing standards. The objective of an audit is the expression of an opinion concerning whether the finandal statemer.ts present fairly. in all material respects, the financial position and the results of operations of the Town in conformity with generally accepted accounting prindples. A; part of our audit, we considered the To"''Il's internal control structure, as required by generally accepted auditing Sbndards, for the purpose of establishing a basis for determining the nature, timing, and extent of auditing procedures necessa."Y for expressing our opinion on the financial statements. Our audit included procedures designed 1:0 provide reasonable assurance tlwt errors and irregularities material to the financial statements are detected. However, there Me inherent limitations in the auditing process. For example, audits are based on the concept of selective testing of the data being examined and are, therefor<-, subject to the limitation that such matters, if they exist, may net be de~d. Also, because of the characteristics of irregularities, including attempts at concealment through collusion and forgery, a properly designed and executed audit may not detect a material irregularity. It s..1.ould be recognized that our audit provides no assurance that illegal acts generally will be detected, and only reasonable assurance that illegal acts having a direct and material effect on the determination of financial statement amounts will be detected, Finandal statements and the establishment and maintenance of an internal control structure are the responsibility of management. Appropriate supervisory control procedur~s are necessary to provide reasonable assura.T1ce that adopted polides and procedures are adhered to and that errors and i.rregularities or illegal acts are identified. We did not note any illegal acts or material errors or irregularities during the course of our audit -1- 01/12/2001 11:39 FAX 415 434 3744 ";or ~~ QUM 80 CO. . IQ 005 . .,'.... n. RECOMMENDATIONS PRIOR YEAR FINDINGS 1. FinancelAccountine: manual: Recommendation: We recommend that the T m.n formalize its fina:nce policies and accounting procedures (accounting manual). This manual would describe in detail standard practices and procedures, fArm",..., cross training. and. serve as a useful reference tooL The manual should indude, among other things, the following: a) Job descriptions defining each E!lI'.ployee's duties and responsibilities. b) Nazrative desaiptions/flowchaz1:; of the variowl accounting systems (cash receipts and revenue cycle, bank reconciliation procedures, purchasing and payable cycle, payroll. etc.). c) Samples of source docwnents indiciting how they are used, who may initiate them, and who must approve them. d) Samples of accOIJItting reports indicating when and to whom the reports are to be distributed, and the pwpose of each report. e) A section on common and recuning problems and how to correct them. f) Procedures for backing up computer data, secu.'ity comrols, etc. Statement of Condition: Currently the Town has various written and non-written policies and procedures; however, it does not have a comprehensive accounting manual. Resolution/ follow"p' We understand that the finance department expects to develop such a comprehensive accounting manual. 2. Maintenance of fixed assets records: Recommendation: We recommend that the Town perform a thorough physical inventory (e.g., implement a tagging system) of assets within the General Fixed Asset Account Group. A detailed computerized subsidiary ledger of property and equipment should be developed, maintained and subject to periodic update and review. Adjustments to the carrying value should be based on the outcome of the physical inventory. We also recommend that the responsibility for annual verification and documentation of the existence of fixed assets be assigned to each department and monitored by the Finance Department. Resolution/fonow-up: We understand that the Town has various detailed schedules of fixed assets owned, which it expecto to formalize into computerized spreadsheets. It is also considering performing a physical inventory and evaluating the need for employing the services of a professional appraiser. -3- 01/12/2001 11:40 FAX 4"5 434 3744 QLJM & CO, 1i!J006 .- '", 3. Monthlv bank reconciliations: Recommendation; We recommend that the Towr. prepare moruhly bank recondliations 011. a timely basis for an cash and investment accounts. Statement of Condition: As a result of the conversion to new accounting software du:ring the year we noted that bank reconciliations were not prepared an a timely basis. Resolution! follow-up: We undemtaDd that bank reconciliation's are now being prepared by the finance assistant and reviewed by the finance director and Town Manager an a. monthly basis. 4. Pemonnel Files: Recommendation: We recommend that the Town ensure that all personnel fiLpS are complete with required fol'II\S, such as Form. 1-9 "Employment Eligibility Ver;f;..."tion". Statement of Coodition: During our testing we noted that employees l-dred prior to 1998 did not have Form 1-9 in their personnel file, although it is required for aU employees hired after November 1986. Resoluticn/follow-up: We understaDd that the Town willrev'.ew all ?"I"onnel.6les to ensure Form 1-9 is completed for all employees hired after November 1986. 5. Pavroll (l'avroll re'Dorts): Recommendation: The Town should run final pa ~'Ioll reports after each pay period, as the first report assigns temporary check numbers, whereas afte>- th" checks are printed, the final report il.tdicates actual check numbers. Also, quarterly summary reports should be kept to assist in payroll tax return preparation. Statement of Condition: The final payroll report was not printed for certain periods, therefor" check numbers indicated on the report did not track to actua1 check numbers used. Also, quarterly sununary reports were not kept. Resolution/follow-up: The Town shauldprint out final payroll reports for every period so there is a printed history of checks i<;sued. Although quarterly payroll tax reports appear to be properly filed,. we recommend that quarterly payroll registers and reports be printed and maintained to support th" qua...'terly payroll tax returns. + 01/12/2001 11:41 FAX 415 434 3744 QUM & CO, iii 007 " 6. Disbw:sements (saarmed checks\: Rec!1IDm!.'ndat:iot1; Checks" scmpped" in the check printing process shoo1d be voided to prevent use. StatemEmt of COI'll,;linn, Although scrapped checks are physically segregated and locked up, they are not always voided or otherwise altered to prevent them from being used. ResoIution/follow-up: All scrapped. checks should be voided ("mcIuding payroll checls) to prevent use. 7. Dis!mrsements (oaid invoicesl: RecommendRlinn: Vendor invoices should indicate the invoice was checked by Town personnel for cIerica1 acCUl'aCy, and the invoice should be stamped "Paid" or otherwise cancelled. 90 as to prevent reuse and dup1icab! payments. StaJ:emern of Condition: Not all invoices appear to be checked for clerical acCUIacy or cancelled when paid. Resotution/follow-up: The Town should institute in its cash disbwsements proce<iun!s that all invoices are iIti.tialEd by a Town employee indicating clerical accuracy was checked, and the invoice should be cancelled to prevent reuse upon payment. -5- 01/12/2001 11:42 FAX 415 434 3744 QVlI S. CO. liiIoos ," , UlRRENT 'tEAR FINDINGS 1, Finance! Acrountine: manual: Recommendation: As mentioned in the prior year, we recommend that the Town formalize its financa policies and accounting procedures (accounting manual). This manual wou!d describe in detail standard pmctices and procedures, f"";lH,,h> cross training; and serve as a usefuI reference tool The manua1 should include, among other things, the following: a) Job descriptions defining each employee's duties and responsibilities. b) Kanative cIescription.s/flowcharts of the various accounting systems (cash receipts and revenue cycle, bank reconciliation procedures, pun:hasing and. payable cycle, payrolL etc.). c) Samples of SOUl'Ce documents indicating how they are used, who may initiate them, and who must approve them. d) Samples of accounting report!l indicating when and to whom the reports 3I'€ to be distributed. ar.d the purpose of each report. e) A section on common and recurring problems and how to correct fr.em. f) Procedures for backing up computer data, see.1rity controls, etc. Statement of Condition; Currently the Town has various written and non-written policies and procedures; however, it does not have a comprehensive accounting manuaL Resolution/ follow-up: We under.rtand thdt this project was delayed during fiscal 2000 and. the finance department expects to develop such a comprehensive accounting manual dur',ng fiscal 2. Maintenance of fixed assets records: RecOlr.mendation; As mentioned in the prior year, we recommend that the Town perlom a thorough physical inventory (e.g., implement a tagging system) of assets withir. the General Fixed Asset Account Grm:cp A detailed computerized subsidiary ledger of property and equipment should be developed, maintained ane'. subject to pe"..odic update and review. Adjustrne..''lts to the carrying value should be based on the outcome of the physical inventory. We also re:on>.mend that the responsibility for annual verification and documentation of the existence of fixed assets be assigned to each department and monitored by the Finance Depe.rtment. Resolntion/follow-up: We understand that the Town has various detailed schedules of fixed assets owned, which it expects to formalize into computerized spreadsheets. It is also considering perionning a physical inventory and evaluating free need for employing the services of a professional appraiser. This project was delayed ir, fiscal 2000, and. will be rescheduled for -6- 01. I;:. ~OOl 11: 43 FAX 415 434 3714 QI,;M If. CO. IaJ009 .' " v 3. p~ Ftles: RecOmmendation: As mentioned in t.'te prior year, we recnmm,,"d that the Town ensure that all penonneI files are annplete with required forms, such as Form 1-9 "Employment Eligt'bility Verification". Statement of Cm>tlmnn- During our testiDg we noted that an employee hired. in 1999 did not have Form 1-9 in their penonneI file, although it is required for all employees hired after November 1986. R--.lnnnn lfollow-o.qr. We understand that the Town wiD review all personnel files to ensure Form 1-9 is completed for all employees hired. after November 1986. . 4. Monthlv bank ~dli.."ons: Rec=dation: We recommend that the Town investigate in a timely marmer reconciling differences. Statement of Condition; We noteg.~lll'iI!&. the pe:tfonIla.t1Ce of the audit the general checking and the pajTOll account had unidentified reconciling differences. Resolution/follow-up: Reconciling item booked in July 2000. . -7- TIBURON TOWN COUNCIL STAFF REPORT MEETING: TO: FROM: SUBJECT: January 17, 2001 ITEM: TOWN COUNCIL MEMBERS RICHARD STRANZL, FINANCE DIRECTOR FISCAL YEAR 2000-2001 FINANCIAL REPORT- MID-YEAR, 2nd FISCAL QUARTER, AS OF DECEMBER 31, 2000 II BACKGROUND This Staff Report provides summary narrative and fmancial infonnation concerning the General Fund Operating Budget, Capital Improvement Program, and Fund Resources of the Town for Fiscal Year 200 I, through the 2nd Fiscal Quarter (ended December 31, 2(00), and includes projections to Fiscal Year-end closing on June 30, 200 1. SUMMARY Staff currently projects that the General Operating Budget, net of fund reallocations and transfers, will be in swplus by Fiscal Year-end. The estimated year-end General Fund Unallocated Reserve balance will be approximately $1,315,000. This amount represents a 30% reserve against projected operating expenditures. Staff also estimates that combined General Fund Reserve resow-ces will be approximately $3,124,000, of this amount $1,809,000 will be in General Fund Designated Reserve Funds. RECOMMENDATION Town Council accept the Financial Report for the 2nd Quarter of Fiscal Year 2000-01. SECTION AITACHMENTS I. Operating Budget 2. Capital Improvement Program 3. Fund Resources ,-~ Financial Report, Fiscal Year 2000-01, 2nd Fiscal Quarter, December 31,2000 Town Council Meeting of January 17, 2001 1 GENERAL FUND OPERATING BUDGET Appropriation totals for budgeted Revenues, Expenditures, and Transfers incorporate changes that have been approved since initial adoption of the budget in July 2000. BUDGET SUMMARY STATUS As currently projected, General Fund operating revenues will exceed expenditures by $209,000. Budget Budget Y-T-D Estima ted Variance % Budget Adopted As Revised 12-31/2000 to Year-end (unfav) YTD Revenues 4,416,300 4,416,300 2,243,000 4,533,000 116,700 50.8% Expenditures 4,234,100 4,326,300 2,035,000 4,324,000 2,300 47.0% Operating Net: $ 182,200 $ 90,000 $ 208,000 $ 209,000 $ 119,000 Other Sources ( Transfers In Transfer In (COPS) 74,700 140,700 0 60,000 (80,700) RDA Repayment Advance 0 225,000 225,000 225,000 0 Other Sources: $ 74,700 $ 365,700 $ 225,000 $ 285,000 $ (80,700) Other Uses & Transfers (Out) Transfers (Out) 0 (515,000) (515,000) (515,000) Mortgage Agreement 0 (277,000) (277,900) (277,900) Other (U ses): $ 0 $ (792,000) $ (792,900) $ (792,900) $ 0 Adjusted Net: $ 256,900 $ (336,300) $ (359,900) $ (298,900) $ 38,300 Fund Balance. Open 1,614,500 1,614,500 1,614,500 1,614,500 Fund Balance, Close $ 1,871,400 $ 1,278.200 $ 1,254,600 $ 1,315,600 The projected Unallocated Reserve Balance of $1315,000 represents a 30% reserve for Operating Expenditures. Financial Report, Fiscal Year 2000-01, 2nd Fiscal Quarter, December 31.2000 Town Council ,\4eeting of January 17, 2001 2 GENERAL FUND OPERATING BUDGET OVERVIEW OF OPERATING REVENUES & EXPENDITURES Budget Budget Actual Estimated Variance % Budget Adopted Revised 12-31/2000 to year-end (unfav) Y-T-D REVENUES . Property Taxes 1,415,000 1,415,000 819,000 1,490,000 75,000 57.9% Other Taxes 1,082,000 1,082,000 466,000 1,092,000 10,000 43.1% Franchises 282,000 282,000 53,000 282,000 0 18.8% Fines & Forfeitures 126,000 126,000 49,000 120,000 (6,000) 38.9% Investment Earnings 125,000 125,000 49,000 135,000 10,000 39.2% Intergovernment & Agency 470,400 470,400 240,000 475,000 4,600 51.0% Licenses & Permits 663,400 663,400 359,000 675,000 11,600 54.1% Charges for Service 148,500 148,500 131,000 160,000 11,500 88.2% Other Revenues 104,000 104,000 77,000 104,000 0 74.0% Total revenues: $4,416,300 $4,416,300 $2,243,000 $4,533,000 $116,700 50.8% EXPENDITURES Town Attorney 167,900 167,900 81,000 168,000 (100) 48.2% Town Administration 608,200 620,400 363,000 613,000 7,400 58.5% Administration Building 46,900 46,900 23,000 50,000 (3,100) 49.0% Planning 449,900 459.900 162,000 459,000 900 35.2% Building Inspection 272,100 272,100 134,000 272,000 100 49.2% Police 1,802,200 1,872,200 830,000 1.850,000 22,200 44.3% Police Building 38,300 38,300 15,000 38,000 300 39.2% PW Streets Maintenance 413,700 413,700 199,000 415,000 (1,300) 48.1% Town Engineer 89,500 89,500 44,000 98,000 (8,500) 49.2~"O Street & Signal Light System 48,700 48,700 15,000 49,000 (300) 30.8% PW Parks Maintenance 234,700 234,700 131.000 240,000 (5,300) 55.8% PW Corporation Yard 32,700 32.700 25,000 42,000 (9,300) 76.5% Town Council 20,300 20,300 4,000 20,000 300 19.7% Town Commissions 9,000 9,000 9,000 10,000 (1,000) 100.0% Total expenditures $4,234, 100 $4,326,300 $2,035,000 $4,324,000 $2,300 47.0% NET REVENUES less $182,200 $90,000 $208,000 $209,000 $114,400 EXPENDITURES Transfers- In 74.700 140,700 0 60,000 (80,700) 0.0% RDA Repayment of Advance 225,000 225,000 225,000 0 100.0% Transfers (Out) (515,000) (515,000) (515,000) 0 100.0% Mortgage Agreement (277,000) (277,900) (277.900) (900) 100.3% Fund Balance, July 1 1,614,500 1,614,500 1,614,500 1,614,500 Fund Balance, June 30 $1,871,400 $1,278,200 $1,254.600 $1,315,600 Financial Report. Fiscal Year 2000-01, 2nd Fiscal Quarter, December 31.2000 Town Council Meeting oj January 17, 200 I 3 GENERAL FUND OPERATING BUDGET GENERAL REVENUES SUMMARY STATUS SUMMARY STATUS Year-to-Date: $2,243,000, or 51% of budget. Estimated Year: $4,533,000, or 2.6% ahead of budget. Property Taxes: Projected ahead of budget by 5%, or $75,000, due a projected ERAF rebate of $45,000 and an overall increase in assessed valuation from the prior year. The 1st installment of Property Taxes was received in December. Other Taxes: Projected to be ahead of budget by $10,000 due to Real Estate Transfer Tax, and Hotel Tax proceeds. Franchise Fees: Projected as budgeted. Cable and Refuse fees are received quarterly, PG&E fees are received once annually in April. Fines & Forfeitures: Projected to be less than budget by $6,000, associated with Parking and Vehicle Code Fines. Interest Earnings: Projected ahead of budget by $10,000, due to LAIF interest rato levels. Proceeds received quarterly. Other Agency Revenue: Projected ahead of budget by $4,600. Associated with matching contributions for printing of Walking Guide Brochure. Licenses & Pennits: Projected ahead of budget by $11,600. Building Pem,it and related construction pennit activity has been strong. Regular Business License revenues are realized during the mid-year renewal period.. Charges for Service: Projected ahead of budget by $11,500. Revenues associated with building construction activity have been strong. Other Revenue: Projected as budgeted Financial Report, Fiscal Year 2000-01, 2nd Fiscal Quarter. December 31,2000 Town Council Meeting of January 17. 2001 4 GENERAL FUND OPERATING BUDGET GENERAL FUND EXPENDITURES SUMMARY STATUS Year-to-Date: $2,035,000, or 47% of budget Estimated Year: $4,324,000, $2,300 less than planned. Town Attorney: Projected approximately as budgeted. Town Administration: Projected approximately as budgeted. Additional Management recruiting and transitional costs. Administration Building: Projected over budget by $3,100. Associated with Utility and facility maintenance. Risk Management: Projected as budgeted. All costs recharged to Departments. Liability, Workers' Compensation and Property Insurance(s) Planning: Projected approximately as budgeted. Important items in progress include the General Plan and Housing Element Updates, and the Design Guidelines project. Building Inspection: Projected approximately as budgeted. . Police Department: Projected under-budget. There may be salary savings associated with vacant positions (Investigator, Officer.) Police Building: Projected approximately as budgeted. PW Streets Maintenance: Projected approximately as budgeted. Street & Signal Light System: Projected approximately as budgeted. PW Parks Maintenance: Projected over budget by $5,300. Associated with MMWD water costs, repair of water pipes, leakage. PW Corporation Yard: Projected over-budget by $9,300. Costs of electrical system service repair/upgrade. Town Engineer: Projected over budget by $8,500, additional project engineering.. Town Council: Projected approximately as budgeted. Town Commissions: Projected over-budget by $1,000. Reprinting of Walking Guide Brochure(offset by matching contributions.) Financial Report, Fiscal Year 2000-01, 2nd Fiscal Quarter, December 31,2000 Town Council Meeting of January 17, 2001 5 GENERAL FUND OPERATING BUDGET OTHER FINANCING SOURCES (USES): 1. SOURCE: REDEVELOPMENT AGENCY REPAYMENT OF ADVANCE The amount of $225,000, that was owed by the Redevelopment Agency (RDA) to the General Fund Unallocated Reserve (as advanced from the General Fund to the RDA for the Ned's Way Senior Housing Project) was received in August 2000. 2. REALLOCA nONS & TRANSFERS (OUT) a. Transfers Out In September 2000, Town Council approved the reallocation of$515,000 from the General Fund Unallocated Reserve to certain Designated Reserves of the General Fund. As indicated in the following table Capital Outlay Reserve Capital Equipment Reserve Compensated Leave Reserve Housing Assistance Reserve (new) New Public Works Building Reserve Park Development Reserve Self Insurance Reserve Streets & Drainage Reserve Stonn Damage Reserve (new) $ 0 o 65,000 300,000 50,000 o o o 100,000 Total Reallocations: $ 515,000 b. Town Manager - Note The amount of $277,900 was provided as mortgage assistance to the Town Manager in accordance with his employment agreement with the Town. A Note(Loan) was established for the amount previously referenced. Financial Report, Fiscal Year 2000-01, 2nd Fiscal Quarter, December 31,2000 Town Council Meeting of January /7. 2001 6 .CAPITAL IMPROVEMENT PROGRAM This section presents summary information concerning the status of the Town's Capital Improvement Program plan. STREET & SIDEWALK IMPROVEMENTS: The total amount currently carried-forward and allocated for street improvement projects is now $451,000. Of this amount $245,000 will be funded by a 1998 State Transportation Grant (STiP) for roadway rehabilitation and overlays. Most carried-forward streets projects have recently been completed A total of $400,000 is allocated for improvements in FY 200 I. State Gas Tax ($190,000) and Tiburon Street Impact ($210,000 will be utilized for street and sidewalk projects. Additionally, the Town received one-time State funding in the amount of $63,400 specifically for streets improvements. Specific overlay projects will be recommended by the Town Engineer upon completion of an updated pavement management report. In February, Staff will present to Council recommendations concerning an augmented Streets Improvement Program for FY 2001 DRAINAGE IMPROVEMENTS: An amended total of $332,000 in Drainage Improvements is planned for FY 2000. The Greenwood Beach Road Easement Project - which requires combined Town, FCZ4 and homeowner funding in the amount of $130,000 is scheduled for completion this Winter. COMMUNITY DEVELOPMENT IMPROVEMENTS: An amended total of $298,600 in Community Development Projects is planned. These projects are to be funded with a combination of Town Reserve, Restricted Project Funds, and Grant Funds. Two additional capital projects have been authorized since adoption of the budget in July - participation in the Belvedere Reed Basin Drainage Diversion Project, and the Avenida Miraflores Median Landscape Maintenance Project. The Town has not to-date expended any funds for the Reed Drainage Diversion Project. Engineering of the Downtown Waterfront Access Project is underway. It is anticipated that project construction will take place in FY 2002. The proposed Stewart Drive Undergrounding Assessment District project has nearly completed the preliminary phase, and the Engineer's Report probably be submitted to Town Council in February. A total of approximately $39,000 contributed by the property owners and subsequently expended to secure engineering estimates and plans for the proposed District. REDEVELOPMENT IMPROVEMENTS: Final implementation of the Chandler's Gate Senior Housing Project will result in Agency Participation in the Affordable Housing component of the Senior Housing Project. A total of $800,000 of Housing Set-Aside monies will be used for this purpose. This is anticipated in Fiscal Year 2002. Financial Report, Fiscal Year 2000-01. 2nd Fiscal Quarter, December 31,2000 Town Council MeetingafJanuary 17, 2001 7 CAPITAL IMPROVEMENT PROGRAM STREET & SIDEWALK IMPROVEMENTS Project Funding Source Budget Actual Estimated 12-3112000 to year-end . CARRY FORWARD (FY 2000) State STIP Grant $ 245,000 Streets Drainage Reserve $ 29,000 Tiburon Street Impact $ 177,000 1 Centro East (Paradise/Solano) STIP Grant 30,000 3,400 30,000 2 Comstock Drive STIP Grant 33,000 0 33,000 3 Greenwood Beach Road Tiburon Street Impact 40,000 4,500 40,000 4 Irving Court STIP Grant 15,000 1,700 15,000 5 Jefferson Drive STIP Grant 30,000 3,400 30,000 6 Silverado Drive STIP Grant 47,000 0 47,000 7 Solano Street STIP Grant 18,000 2,100 18,000 8 Virginia Drive STIP Grant 23,000 2,700 23,000 9 V istazo West STIP Grant 63,000 7,200 63,000 10 Washington Court STIP Grant 15,000 1,700 15,000 11 Lower N. Terrace Tiburon Street Impact 27,000 1,900 27,000 12 Upper N. Terrace Tiburon Street Impact 17,000 3,100 17,000 13 Sugar Loaf Drive Tiburon Street Impact 55,000 6,600 55,000 14 Venado Tiburon Street Impact 38,000 4,300 38,000 . FISCAL YEAR 2001 State Gas Tax $ 190,000 Tiburon Street Impact $ 210,000 I Street Projects not yet designated State Gas Tax 140,000 0 140,000 by Town Engineer Tiburon Street Impact 200,000 0 200,000 2 Street Study State Gas Tax 10,000 0 15,000 3 Sidewalk Curb Cuts (ADA) State Gas Tax 13,000 8,300 14,000 4 Provision-miscellaneous repair State Gas Tax 25,000 9.300 25,000 5 Engineering Costs State Gas Tax 10,000 6,500 15,000 " " Tiburon Street Impact 10,000 6,500 15,000 TOTALS: $859.000 $73,200 $875,000 Note: The STIP Grant-funded projects will be accounted for in the General Fund Streets & Drainage Reserve Fund. All planned streets projects will be funded with STIP and Streets & Drainage monies. Financial Report, Fiscal Year 2000-01, 2nd Fiscal Quarter, December 31,2000 Town Council MeetingojJanuary 17,2001 8 CAPITAL IMPROVEMENT PROGRAM DRAINAGE IMPROVEMENTS Project Funding Source Budget Actual Estimated 12-31/2000 to year-end 1 Greenwood Beach Road Easement Homeowners $ 70,000 130,000 1,300 130,000 FCZ4 $ 10,000 Streets & Drainage $ 50,000 2 Reed Ranch- Tiburon Blvd Path Streets & Drainage Reserve 47,000 52,000 52,000 3 Old Landing Road Streets & Drainage Reserve 50,000 0 50,000 4 Main St-Bellevue Slope Wall Streets & Drainage Reserve 35,000 0 35,000 5 Mar West Raccoon Lane Streets & Drainage Reserve 60,000 0 60,000 6 Provision-miscellaneous repair Streets & Drainage Reserve 10,000 15,000 20,000 TOTALS: $332,000 $68,300 $347,000 Financial Report, Fiscal Year 2000-01, 2nd Fiscal Quarter, December 31,2000 Town Council Meeting of January 17, 2001 9 CAPITAL IMPROVEMENT PROGRAM COMMUNITY DEVELOPMENT PROJECTS Project Funding Source Budget Actual Estimated 12-3112000 to year-end I Richardson Bay Lineal Multi-Use Park Development Reserve 30,000 9,300 30,000 Path - park repairs, improvements 2 Public Parks Recycling Park Development Reserve 5,000 0 5,000 Receptacles (State Grant Funded) 3 Tiburon Boulevard-Ned's Way Tiburon Boulevard Circulation 20,000 0 20,000 Intersection Improvements System Fund 4 Zelinsky Park Improvements Flood Plain Fund $ 30,000 50,000 13,000 50,000 Parks In-Lieu Fund $ 20,000 5 Public Works Corporation Yard Public Works Building Reserve 25,000 0 25,000 Master Plan 6 Downtown Beautification - Main Millennium Event Funds 7,000 0 7,000 Street- Tiburon Boulevard 7 Pine Terrace Park Path Park Development Reserve 25,000 0 25,000 Improvements 8 Street Light Pole Replacement- Capital Outlay Reserve 30,000 0 30,000 Tiburon Boulevard (9/23 poles) 9 Town Hall Lobby Improvements - Capital Outlay Reserve 33,000 14,000 33,000 study, acoustics, furnishing 10 101 Tiburon Wye Improvements - Tiburon Planning Area Mitigation 60,000 0 60,000 County Directed Fund 11 Waterfront Access Project State Grant $710,000 834,000 25,000 50,000 Parks Dev Reserve $ 124,000 ADDED/AMENDED/OTHER A venida Miratlores Medians Park Development Reserve 7,000 3,000 4,000 Homeowners ($2,000) Marsh Management Study Marsh Maintenance Fund 7,600 2,200 7,600 Belvedere Drainage Diversion - Parks In-Lieu Fund 22,000 0 22,000 Lineal Path Landscaping (Town Contribution) Stewart Drive Undergrounding Property Owners contributions 39,400 39,400 Assessment District TOTALS: $1,155,600 $105,900 $408,000 FUND RESOURCES Financial Report, Fiscal Year 2000-01, 2nd Fiscal Quarter. December 3/,2000 Town Council Meeting of January 17, 2001 10 GENERAL FUND RESERVES: It is currently estimated that the June 30, 200 I combined balance for all Reserves of the General Fund will be $3,124,000, and the estimated General Fund Unallocated Reserve balance will be $1,315,000. The combined balance for all other General Fund reserves will be approximately $1,809,000 OTHER RESTRICTED CAPITAL IMPROVEMENT FUNDS: Current Fund Balances of certain restricted capital projects funds on December 31, 2000, include: Gas Tax Fund, $210.000 Flood Plain Restoration Fund, $31,000 Housing In-Lieu Fund, $880,000 Marsh Restoration Fund, $88,000 Open Space Acquisition Fund, $141,000. Tiburon Parks In Lieu Fund, $241,000 Tiburon Planning Area Mitigation, $150,000 Tiburon Traffic Circulation System Fund, $112,000 Tiburon Street Impact Fund $452,000 The above Fund Balance amounts are not adiusted for capital project commitments or anticipated revenues. REDEVELOPMENT AGENCY FUNDS: The Housing Set-Aside Fund has estimated current resources of$933,000; the Agency has committed $800,000 to the affordability component of the Chandler's Gate Senior Housing Project. Financial Report, Fiscal Year 2000-01, 2nd Fiscal Quarter, December 31,2000 Town Council Meeting of January 17, 2001 " FUND RESOURCES STATEMENT OF FUND BALANCES - ESTIMATED TO JUNE 30, 2001 Balance Revenue Expenses Transfers & Transfers, & I Balance July 1st Estimate Estimate Sources- In Uses (Out) June 30th GENERAL RESERVES Unallocated Reserve 1,614,500 4,533,000 (4,324,000) 285,000 (792,900) 1,315,600 ~apital Equip Replacement 330,149 12,900 (215,000) 132,800 260,849 Capital Outlay 312,913 (96,000) 216,913 Empl Compensated Leave 228,375 (121,000) 65,000 172,375 e--- Empl Housing Assistance 0 300,000 . 300,000 New Police Facility 163,854, (163,854) 0 New Public Works Facility 50,000 i . (25,000) 50,000 75,000 Park Development , 15,000 (60,000) (22,500) i 106,630 174,130, Self Insurance 327,103 327,103 Storm Damage 0 100,000 100,000 Streets & Drainage 437,546 353,000 (541,000) 249,546 e- ---. I Total reserves: $3,638,570 $4,913,900 ($5,545,854) $932,800 ($815,400) $3,124,016 -- ------ , f---- i OTHER FUNDS I Flood Plain 30,923 I 700 (30,000) 1,623 ~,rfront Access (Prop-I 16) 0: 35,000 (35,000) : 0 LowlModerate Housing 257,010 100,000 (27,300) 600,000 929,710 ~- Marsh Restoration 89,320 5,000 (7,600) 86,720 ",-Open Space Acquisition 109,928 7,000 i 30,000 146,928 Police Suppl Law Enforcement 56,516 215,006T (46,300) (60,000) ! 165,216 I--- I 0'-olice Asset Forfeiture ! 3,803 200 , 4,003 Property Development Tax 13,685 25,000 , 38,685 , State Gas Tax 156,434 190,000 (200,000) 1 146,434 Street Frontage Imprv 9,5831 500 10,083 Stewart Dr Assessment Dist 37,164 5,000 I (42,000) 164 Tiburon Circulation System 56,130 65,000 I (20,000) 101,130 I-'!:iburon Planning Area Mitig 111,235 45,000 (60,000) ! 96,235 Tiburon Heritage & Arts 2,701 10,000 -11,000) 1,701 2'iburon Parks In-Lieu 0 229,500 (42,000) 22,500 ' 210,000 Tiburon Playground lmprv 9,435 ' 1,500 i 10,935 Tiburon Street Impact 305,734 275,000 ' (387,000) 193,734 , Total other funds: $1,249,601 $1,209,400 ($908,200) $652,500 ' ($60,000) $2,143,301 REDEVELOPMENT I i AGENCY --'::.--.---.- _General 51,960 511,500 (502,500) 60,960 Housing Set-Aside 412,548 230,000 (23,500) 1,350,000 (825,000) 1,144,048 -- Total redevelopment: $464,508 I $741,500, ($526,000) $1,350,000 ($825,000) $1,205,008 Financial Report, Fiscal Year 2000-01, 2nd Fiscal Quarter, December 31,2000 Town Council Meeting of January 17, 2001 12 TOWN OF TIBURON STAFF REpORT ITEM NO. MEETING DATE: 1117/2001 /2- To: From: Subject: Date: TOWN COUNCIL SCOTT ANDERSON, PLANNING DIRECTOR ~\ - REVIEW OF SECONDARY DWELLING UNIT ORDINANCE JANUARY 11, 2001 BACKGROUND At its meeting of November 1, 2000 the Town Council received an update from Planning Department Staff regarding the General Plan Housing Element revision. A summary of the primary results of the Planning Commission's May 31,2000 Housing Element workshop was provided. It was noted that the Planning Commission was wary of amending the secondary unit provisions as a method of creating additional affordable housing on the grounds that most secondary dwelling unit applications were already problematical from a neighborhood compatibility standpoint (see Exhibit 1). The Town Council requested that provisions of the Zoning Ordinance regarding secondary dwelling units be agendized for review at a future Council meeting. The Town adopted its secondary dwelling unit ordinance in 1983 and began approving applications for secondary dwelling units in 1984. Secondary dwelling units are permitted with a conditional use permit in all single-family residential zones. Twelve (12) secondary dwelling unit applications were approved in 1984, a number never again approached in the years since (some of these 1984 applications legalized existing unauthorized units). Applications for secondary dwelling units have continued to dwindle over the past several years, partially because of robust economic times. Only 10 applications have been filed from 1995 to the present. Below are some statistics regarding secondary dwelling unit applications: Tihuron Town Council Stoff Report 1/17/2001 1 Total number of secondary dwelling units approved since inception in 1984: 37 Year # Approved 1984 12 1985 2 1986 1 1987 0 1988 4 1989 1 1990 1 1991 1 1992 3 1993 2 1994 0 1995 3 1996 4 1997 2 1998 0 1999 0 2000 1 TOTAL 37 Of the three most recent applications filed (1 in 1997, 1 in 1998, and I in 2000), one was approved, one denied, and one withdrawn before denial. Lack of sufficient on-site parking is a common reason why applications are not approved. The Planning Commission's recent experience with secondary dwelling units has therefore been somewhat negative. Taken over a longer period of time (1988 to present), a total of21 of the 27 secondary dwelling unit applications filed have been approved; only 6 applications have been denied or withdrawn. ANALYSIS Due to the dwindling numbers of secondary dwelling unit applications, staff has been forced downplayed the likely future contribution of secondary dwelling units as a creator of affordable housing units. As a general rule, secondary dwelling unit applications are fewer during robust economic times. However, the number of applications filed for secondary units is so small even during recession times that it is difficult for staff to envision that "tweaking" of the secondary dwelling unit ordinance provisions would produce any substantial increase in the number of applications filed. Also, legalization of pre-existing secondary dwelling units usually does not count toward meeting affordable housing numbers, as the units are not "new". Tiburon Town COlineil Staff Report 1/17/2001 2 Lack of adequate parking is sometimes a reason why secondary dwelling units are not approved. However, in a substantial proportion of approved permits, the Planning Commission has already reduced the number of required on-site parking spaces for the secondary unit to one space (instead of the two normally required). So while parking is often a factor, it is generally because the applicant simply cannot (or will not) provide anv additional useable on-site parking. Should the Town Council desire to make modifications to the Zoning Ordinance provisions to encourage secondary dwelling unit applications, the following measures could be considered: . Eliminating the requirement that the owner of the property reside in either the main house or the secondary unit. . Reduce the percentage of ownership in a property (currently at least 50%) that an owner must have to apply for a secondary dwelling unit. . Allow secondary dwelling units that do not meet current property development standards (allow variances or exceptions for setbacks, lot coverage, floor area ratio, height, etc.) . Increase the size allowed to greater than 700 square feet in floor area. . Increase the number of persons allowed to reside in secondary dwelling units above the three currently allowed (often reduced to two persons when only one parking space is provided). . Eliminate all on-site parking requirements for secondary dwelling units in certain circumstances (for instance, when nearby on-street parking is ample). Planning Department Staff does not particularly recommend any of these changes without close scrutiny and analysis, and does not believe that they would substantially increase the number of applications filed for secondary dwelling units. EXHIBITS 1. Excerpt from Town Council Staff report of 11/1/2000. 2. List of approved secondary dwelling units. 3. Secondary dwelling unit provisions. Tiburon Town Council Staff Report 1/17/2001 3 ! / ! I I WORKSHOP SUMMARY The packet that was received by the Planning Commission for its workshop is attached as Attachment A. The packet included a brief staff report and various exhibits setting forth the following: · Exhibit 1 described the Town's progress on implementation of its 1991 Housing Element. · Exhibit 2 set forth a comprehensive list of sites that have been identified over the years as "potential housing opportunity sites". · Exhibit 3 listed the ABAG housing numbers (since revised by ABAG) and a "Goals List" of possible sites for meeting the state requirement to identify and designate sites sufficient to accommodate the ABAG housing numbers. · Exhibit 4 described program options for the housing element update. · Exhibit 5 was the ABAG housing needs numbers for Marin cities and the County. · Exhibit 6 was a map of the comprehensive list of "potential housing opportunity sites". A map of "large vacant parcels" on the Peninsula will also be on display at the meeting, as these sites constitute additional "potential housing opportunity sites". The large vacant parcels are shown on Attachment B. The Planning Commission offered the following direction regarding the housing element revision: L. The majority of Planning Commissioners were wary of amending the Town's Secondary Dwelling Unit Ordinance to encourage the creation of such units. They noted that most such applications are fraught with problems and are often denied. 2. In order to designate sufficient sites at adequate densities to meet ABAG housing allocation numbers, the Planning Commission preferred to specify individual affordable housing sites rather than increasing allowable zoning densities over wide areas or particular zoning districts (such as the R-3 Multi-family Zone). 3. The Commission generally favored the provision of additional housing in the Downtown area, while acknowledging that there are limited areas where such housing could be constructed in the Downtown. Where feasible, residential opportunities in commercial areas should be expanded in the updated Housing Element. 4. The Commission expressed concern over the tear-down or conversion of existing two-family and multi-family housing units to single family use, and noted the need for a policy to restrict such tear-downs or conversions. 5. The Commission concluded that the "large vacant parcels" on the Peninsula (as shown on Attachment B) provide little opportunity for affordable housing construction but will serve to generate affordable housing in-lieu fees that can be more effectively used to promote affordable housing construction on those properties listed on the "Goals List", which is Tiburon Town Council Staff Report 1//111000 2 EXHIBIT NO.-L- Since the original adoption of Tiburon's Secondary Dwelling Unit Ordinance in September, 1983, the following Secondary Dwelling Unit Conditional Use Permits have been issued: NO. FILE # ADDRESS ISSUED ACTING STATUS -- BODY 1. 18401 2 Audrey Court 2/8/84 PC 2. 18402 2021 Vistazo East 3/14/84 PC Arnd 6/85 3. 18403 32 Sutter Court 3/14/84 PC 4. 18404 II 7 Harn Court 5/23/84 PC 5. 18406 2050 Centro East 4/4/84 TC 6 18407 640 Hilary Drive 4/11/84 PC 7. 18408 1845 Mountain View 5/23/84 PC 8. 18411 40 Norman Way 6/28/84 PC Expired 9. 18413 70 Rowley Circle 8/22/84 PC 10. 18414 1945 Straits View 8/22/84 PC rescd by20 II. 18415 1803 Lagoon View 9/26/84 PC unit remvd 12. 18416 941 Owlswood Lane 11/28/84 PC 13. 18504 35 Hacienda Drive 6/12/85 PC 14. 18505 98 Hacienda Drive 8/28/85 PC IS. 18602 1885 Mountain View 3/26/86 PC 16. 18803 660 Tiburon Blvd. 8/10/88 PC 17. 18804 688 Hawthorne Dr. 8/24/88 PC 18. 18812 2060 Centro East 12/7/88 TC 19. 18809 692 Hawthorne Dr. 12/14/88 PC 20. 18811 1945 Straits View 3/8/89 PC Expired 21. 19006 943 Owlswood Lane 9/12/90 PC Never Built 22. 19102 80 Mount Tiburon 4/10/91 PC 23. 19204 190 Gilmartin Dr. 8/12/92 PC 24. 19208 5080 Paradise Dr. 9/23/92 PC 25. 19205 650 Tiburon Blvd. 9/23/92 PC 26. 19210 7 East Terrace Dr. 1/13/93 PC 27. 19302 75 Spring Lane 4/29/93 PC 28. 19501 835 Tiburon Blvd. 3/22/95 PC 29. 19509 1 St. Bernard Lane 11/8/95 PC Secondary Dwelling Units 1 filesys/2ndun it. inx EXHIBIT NO. cl.. 2 St. Bernard Lane 8/17/98 Renumbered 30. 19512 2 McCart Court 1/10/96 PC 31. 19406 16 Old Landing Road 5/8/96 PC 32. 19607 4741 Paradise Drive 9/11/96 PC 33. 19608 90 Taylor Road 10/9/96 PC 34. 19615 849 Tiburon Blvd. 3/5/97 PC 35. 19703 350 RoundhilI Road 7/7/97 PC 36. 96-009 30 Old Landing Road 9/95 County Added after annexation jh too PC 31, l~qo'7 C, (.1 H",w+L'."G- Dr, Secondary Dwelling Units 2 filesys/2ndunit. inx SECONDARY DWELLING UNIT Tiburon Town Code Chapter 16: Zoning CHAPTER 4: ZONING PERMITS - SECTION 4.05.00. SECONDARY DWELLING UNIT USE PERMITS. 4.05.0~. Purpose. The purpose of this section is to provide for the establishment and reasonable regulation of secondary dwelling units in order to encourage housing opportunities for all segments of the population while ensuring the public health, safety, and welfare. 4.05.02. Definitions. secondary Dwelling Unit: An attached or detached additional dwelling unit on a single family lot which provides independent living facilities for not more than 3 persons, and which has kitchen/cooking, sleeping and sanitation facilities on the same parcel as the primary unit is situated. A Secondary Dwelling unit may be established by: (a) The revision of a single family dwelling unit so as to establish independent living facilities not shared in common. (b) The conversion of any previously uninhabited portion of a single-family unit so as to create an additional living unit that meets the definition contained here and above. (c) The construction of a separate dwelling unit physically attached by means of a common wall to an existing single-family dwelling. (d) The conversion of any detached structure which has received a Final Building Inspection prior to January 4, 1984, on any lot comprising a minimum of 10,000 square feet. Legal Nonconforming Secondary Dwelling Unit: A Secondary Dwelling Unit which currently does not conform to the regulations for the district in which it is situated but which did conform at the time it was constructed or erected. Owner of Record: The owner of record is defined as the owner of at least 50 percent interest in the subject real property. Principal Place of Residence: A dwelling unit that is occupied by the owner of record as a primary residence. Ordinance No. 360 N.S. Effective 12/26/90 Page 125 SXHIBIT NO. j Tiburon Town Code Chapter 16: Zoning CHAPTER 4: ZONING PERMITS Attached Secondary Dwelling unit: An attached second dwelling unit is a second dwelling unit as defined by this Ordinance which shares a common wall with the principal place of residence. 4.05.03. Second Dwelling Units; Where Permitted. Secondary permitted districts dwelling units, as defined in this Ordinance, shall be as conditional uses in the following residential zoning only: R-1, R-1-BA, RO-1, RO-2, and RPD. 4.05.04. Conditional Use Permit Required. Application for a Conditional Use Permit shall be made by the owner of record in writing to the Planning Department and shall contain the following: (1) The name of the owner or owners of record. (2) The address of the unit. (3) The Assessor's Parcel Number. (4) Floor area of the proposed secondary Dwelling Unit. (5) A scale drawing showing the lot dimensions, the location of the primary and the secondary dwelling units, and the location of all vehicular parking. (6) The date of establishment of the unit, if available, or a statement as to why it is not available. (7) The consent inspection of a Conditional of the applicant to the physical the premises prior to the issuance of Use Permit. (8) The appropriate fee as then established by the Town council for the processing of a Conditional Use Permit. Ordinance No. 360 N.S. Effective 12/26/90 Page 126 Tiburon Town Code Chapter 16: Zoning CHAPTER 4: ZONING PERMITS (9) Signature of the property owner of record under penalty of perjury that the Secondary Dwelling Unit is located on the same lot or parcel on which the owner of record maintains his or her principal place of residence. (10) A description and location of sanitary facilities. (11) A signed statement from the applicant that the Fire District, Water District, Police Department, and surrounding property owners have been notified of the intent to apply for a Conditional Use Permit. 4.05.05. Grant of Conditional Use Permit - ReqUired Findings. In order to grant a Conditional Use Permit for a secondary dwelling unit, following public hearing, findings shall be made by the Planning Commission, or on appeal by the Town Council, as follows: (1) The Secondary Dwelling Unit is located on the same lot or parcel on which the owner of record maintains his or her principal place of residence. (2) The Secondary Dwelling Unit meets all current property development standards of the residential zoning district in which it is located. (3) The Secondary Dwelling Unit meets the current building codes adopted by the Town. (4) Only one additional unit shall be allowed for each single family parcel. (5) The Secondary Dwelling Unit does not cause excessive noise, traffic congestion, parking congestion or overloading of pUblic facilities nor does it unduly interfere with existing privacy or views of neighboring homeowners. (6) Adequate sanitary services for the additional increment or effluent resulting from the Secondary Dwelling Unit is available. (7) The Secondary Dwelling Unit is a maximum of 700 enclosed square feet. Ordinance No. 360 N.S. Effective 12/26/90 Page 127 SUBCHAPTER 4: Chapter 16: ZONING PERMITS Zoning Tiburon Town Code (8) The Secondary Dwelling unit is structurally attached to the main single family dwelling (or is an existing detached structure built prior to January 4, 1984), and is located on a lot not less than 10,000 square feet in area. The Planning commission may make an exception to the 10,000 square footage or attachment requirements contained in this section, based upon the terrain of the site or other good cause. (9) The Secondary Dwelling Unit is to be occupied by no more than three persons. (10) Principal access to the proposed secondary Dwelling unit is through an entrance other than the entrance to the primary unit. The Planning Commission, or on appeal the Town Council, may make an exception to this requirement if the terrain and/or design of the primary residence would not reasonably permit such separate entrance to the proposed Secondary Dwelling unit. (11) Two on-site non-tandem parking spaces are provided for the secondary Dwelling Uni t. The Planning Commission, or on appeal the Town Council, may make an exception to this requirement if circumstances of the individual case warrant and each of the following findings can be made: (a) The rented unit shall be limited to occupancy by an individual or group of individuals with one vehicle if there is one parking space, or no vehicle if there are no parking spaces. Vehicle includes auto, boat, trailer, or recreational vehicle. (b) The parcel has limited available area for creation of additional parking spaces; access to the parcel is diff icul t. (c) Adherence to the requirement of two additional non- tandem spaces would create more of a disturbance to the neighborhood and surrounding environment than an exception. (d) The exception to the non-tandem and/or two parking space requirement will not cause traffic or parking congestion and will not overburden existing public or private streets. Tiburon Zoning Ordinance (No. 360 N.S., as amended 5/7/92) Page 128 Tiburon Town Code Chapter 16: Zoning SUBCHAPTER 4: ZONING PERMITS Any such exception granted shall be reviewed by the Planning Commission when any future change in ownership occurs and annually in accordance with Section 4.05.11. 4.05.06. Building Permits. A building permit shall be required in conjunction with the issuance of a Conditional Use Permit if repair or rehabilitation work otherwise requiring a building permit is necessary. A building permit shall be required in conjunction with the issuance of a Conditional Use Permit for a new Secondary Dwelling Unit. 4.05.07. Site Plan and Architectural Review Required. All secondary dwelling units that require additions or exterior modifications shall be subject to Site Plan and Architectural Review approval, as described in Section 4.02.00 of this Ordinance. 4.05.08. Premises Identification. Approved numbers or addresses shall be provided for each dwelling unit and shall be plainly visible and legible from the street fronting the property. 4.05.09. Expiration or Revocation. (a) Conditional Use Permits issued pursuant to this Section shall expire and become null and void two (2) years after their effective date unless the authorized use has been commenced or an extension has been granted. (b) For good cause, an extension of the expiration date of the Conditional Use Permit not to exceed one additional year may be granted by the Commission. A request for extension must be filed prior to the expiration date and shall be accompanied by a filing fee to be established by resolution of the Council. The permit holder shall submit sufficient information for the Commission to determine whether good cause for an extension exists. Consideration of the extension shall be made at a duly noticed public hearing. Pursuant to provisions of Section 4.04.17, however, all Conditional Use Permits may be revoked for good cause. 4.05.10. Recording Conditional Use Permits. Any Conditional Use Permit granted under provisions of this Tiburon Zoning Ordinance (No. 360 N.S, as amended 5/7/92) Page 129 Tiburon Town Code Chapter 16: Zoning SUBCHAPTER 4: ZONING PERMITS ordinance shall be recorded in the County Recorder's Office and all recording costs shall be borne by the owner of record. 4.05.11. Yearly Update. The Planning Department shall maintain a record of all legal secondary dwelling units and shall annually update the record. At the annual review, the owner of record shall verify in writing under penalty of perjury that the Secondary Dwelling unit is in compliance with all conditions of the Conditional Use Permit. 4.05.12. Reporting of violations. All reporting of Secondary Dwelling unit viol~tions shall be in writing and directed to the Planning Department. The Planning Director or his designee shall notify the owner of record of the property which is the subject of a complaint that a complaint has been registered within ten (10) calendar days from receipt of any such complaint. The Director or his designee shall investigate and issue a written report to the complainant within thirty (30) days from the date of the issuance of the notice outlining the current status of any alleged violation and the steps that have been requested of the owner of record to remedy the situation. 4.05.13. violations Considered an Infraction. Violations of this section shall be considered an infraction and shall be subject to the provisions of Section 5.12.00. 4.05.14. violations Additional Remedies-Injunctions. As an additional remedy, the existence and/or maintenance of any secondary dwelling unit in violation of any provisions of this ordinance shall be cause for revocation and shall be deemed and is declared to be a public nuisance and may be subject to summary abatement and/or restrained and enjoined by a court of competent jurisdiction. In the event legal action is instituted to abate said violation, the Town shall be entitled to recover its costs and reasonable attorney's fees incurred in prosecuting said action. 4.05.15. Appeals. Any person aggrieved by any decision involving the granting, denial, suspension or revocation of a Conditional Use Permit for a Secondary Dwelling Unit may appeal such decision to the Town Council pursuant to Section 3.08,00. Tiburon Zoning Ordinance (No. 360 N.S., as amended 5/7/92) Page 130 '* .-.~- ..Lfe~ :/t15 'Friday - January 5 2001 ':i\'~~ii:~J'~t,l . ' '~r'!,~~~;.: 1. Calendar of Activities - Town of Tiburon - January, 2001 2. Correspondence from Town Manager - re: Marin Co, Civil Grand Jury Request 3. Correspondence from County Administrator - re: 2001 Marin County Legislative Program 4. Correspondence from Pat Montag - re: Centro West/Raccoon Lane Undergrounding 5. Correspondence from Ed Sporl- re: Parking Ticket Dispute 6. Correspondence from Terry Hennessy to MCCMC - re: Unexpired Term on Lafco 7. Memorandum to 2001 United Way Campaign Chairperson - re: Campaign Results 8. Correspondence to John Panicker - re: Interest in Town Council Vacancy 9. Correspondence from Bruce Abbott - re: New Year's Eve Bon Fire 10. Correspondence from AT&T Broadband - re: Price Increase 11. Memorandum from Tiburon Permits Clerk - re: Building Activity- 2000 compared to 1999 12. Invitation from Chamber of Commerce - re: Annual Chamber Working Breakfast 13. Monthly Report - Design Review Applications - December, 2000 14. Notice of Pending & Current Committee Vacancies 15. Minutes - Belvedere/Tiburon Jt. Disaster Advisory Council - November 13, 2000 16. Action Minutes - Design Review Board - December 7, 2000 17. Action Minutes - Design Review Board - January 4,2001 18. Agenda - Belvedere/Tiburon Jt. Disaster Advisory Council - January 8, 200 I 19. Agenda - Marin County Open Space District - January 9, 2001 20. Agenda - Marin County Transit District - January 9, 2001 21. Agenda - Planning Commission - January 10, 200 I Attached Oril:inal Separates (Councilmembers Only) la. Western City Magazine 2a. AT&T News Release - Television Program - Treating Depression in Seniors 3a. ABAG New Years Greeting and Calendar for 200 I 4a. AT&T News Release - MCAL Basketball "Game of the Week" 5a. Bay Area Council - Smart Communities Progress Report - 2000 6a. Fair Housing of Marin - Calendar for 2001 Ile~ #IY' I. Memorandum - re: Applicants for Vacancies on Boards & Commissions 2. Correspondence from St. Hilary School - re: Traffic Monitors on Hilary & Rock Hill Dr. 3. Correspondence from Henry Broderick - re: Pine Terrace-McKegney Proposed Access 4. Correspondence from Jeffrey Clark - re: Petition from 4 Lyford Dr. Residents 5. Correspondence from August Strotz - re: New Street Lights 6. Correspondence from Taylor Woodrow - re: Tree Removal near Chandlers Gate 7. Correspondence from Larry Haman - re: Low Flying Aircraft 8. Correspondence from AT&T Broadband - re: Franchise Fees on Cable Modem Service 9. Notice of Reorganization - Tiburon Town Council 10. Minutes - Chamber of Commerce - December 13, 2000 II. Agenda - Design Review Board - January 18, 2001 12. Priority Focus - League of Calif. Cities Newsletter Attached Oril;:inal Separates (Councilmembers Only) la. UCSC Extension - Business, Management & Leadership Programs 2a. SFO International Airport - Runway Reconfiguration Program Update 3a. Transactions - MTC Newsletter 4a. The Marin Report - January 15-19,2001