HomeMy WebLinkAboutTC Agd Pkt 2011-04-06TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
Regular Meeting
Tiburon Town Council
April 6, 2011
Closed Session - 6:00 p.m.
Regular Meeting - 7:30 p.m.
AGENDA
TIBURON TOWN COUNCIL
TIBURON REDEVELOPMENT AGENCY
CLOSED SESSION-- (6:00 p.m.)
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
(Subdivision (c) of Government Code Section 54956.9)
Claims relating to Del Mar Undergrounding Litigation
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Bargaining Units: Tiburon Police Association; SEIU
Negotiators: Town Manager and Director of Administrative Services
CALL TO ORDER AND ROLL CALL
Councilmember Collins, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor
Fraser, Mayor Slavitz
CLOSED SESSION ANNOUNCEMENT, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however, that the Town Council is not able to undertake extended
discussion or action on items not on the agenda. Matters requiring action will be referred to
the appropriate Commission, Board, Committee or staff for consideration or placed on a future
Town Council meeting agenda. Please limit your comments to three (3) minutes.
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council, public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. Town Council Minutes - Adopt minutes of February 16, 2011 Meeting (Town Clerk
Crane Iacopi)
2. Town Council Minutes - Adopt minutes of March 2; 2011 Meeting (Town Clerk Crane
Iacopi)
3. Town Council Minutes - Adopt minutes of March 9, 2011 Special Meeting (Town Clerk
Crane Iacopi)
4. Town Investment Summary - Accept February 2011 report (Director of Administrative
Services Bigall)
5. Tiburon Tourism Business Improvement District (TTBID) - Adopt ordinance amending
Chapter 7A of Title II of the Town Code to increase TTBID assessments (Town Attorney
Danforth)
6. Town Audit for FY 2009-10 - Accept and authorize filing of Independent Auditor's
report for fiscal year ending 2009-10 (Director of Administrative Services Bigall)
7. Bay Trail Gap Closure - Adopt resolution approving acceptance of ABAG grant for study
of extension of Bay Trail in the vicinity of Greenwood Beach Road (Director of Public
Works/Town Engineer Nguyen)
S. Marilyn Kessler Retirement - Adopt resolution commending Marilyn Kessler for a long
and illustrious career as editor/publisher of the Ark newspaper upon the occasion of her
retirement (Town Clerk Crane Iacopi)
ACTION ITEMS
1. Lyford Drive Parking Project - Review of project, discussion and request for direction to
Staff (Town Manager Curran/Director of Public Works/Town Engineer Nguyen)
PUBLIC HEARINGS
Time Extension for Design Review Approvals - Consider adoption of a Zoning
Ordinance text amendment that would provide a one-year time extension for approved,
unexpired Design Review permits; Town-initiated application - Introduction and first
reading of ordinance (Director of Community Development Anderson)
2. Lyford Drive Parking Project - Consider establishing a streamlined Development Review
procedure for the Lyford Drive Multi-modal Parking Lot Project located at the intersection
of Lyford Drive and Tiburon Boulevard - Introduction and first reading of ordinance
(Director of Community Development Anderson)
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
WEEKLY DIGESTS
• Town Council Weekly Digest - March 11, 2011
• Town Council Weekly Digest - March 18, 2011
• Town Council Weekly Digest -March 25, 2011
• Town Council Weekly Digest - April 1, 2011
ADJOURNMENT - to a meeting of the Tiburon Redevclopment Agency
The Town Council meeting will be adjourned in memory of Charles McGlashan, District 3 Mal-ill County
Supenlisor
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TIBURON REDEVELOPMENT AGENCY
AGENDA
CALL TO ORDER AND ROLL CALL
Boardmember Collins, Boardmember Fredericks, Boardmember O'Donnell, Vice Chair Fraser,
Chair Slavitz
ORAL COMMUNICATIONS
BUSINESS MEETING
1. Adoption of Minutes - Adopt Minutes of February 16, 2011 meeting (Board Clerk Crane
Iacopi)
2. Adoption of Minutes - Adopt Minutes of March 2, 2011 meeting (Board Clerk Crane
Iacopi)
3. Audit Report - Adopt and Authorize filing of Independent Auditor's Report for fiscal
year 2009-2010 (Director of Administrative Services Bigall)
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
wwwv.ci.tiburon.ca.us.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and
preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
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TOWN COUNCIL
CALL TO ORDER
MINUTES
Mayor Slavitz c=Februa7ry16, ting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesda ,n Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, Cali ROLL CALL
PRESENT: COUNCILMEM BERS:
PRESENT: EX OFFICIO:
Collins, Fraser, Fredericks, O'Donnell; Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall,
Management Assistant Troy Bassett, Director of
Community Development Anderson, Planning
Manager Watrous, Director of Public Works/Town
Engineer Nguyen, Police Chief Cronin, Town Clerk
Crane Iacopi
Prior to the regular meeting, the Council met in closed session, beginning at 6:30 p.m., to discuss
the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
(Subdivision (c) of Government Code Section 54956.9)
Claims relating to Del Mar Undergrounding Litigation
CLOSED SESSION ANNOUNCEMENT, IF ANY
Mayor Slavitz said that no action was taken in closed session.
ORAL COMMUNICATIONS
Patrick Hulsbus, Marsh road resident, complained of cars being driven too fast at the intersection
of Marsh Road near the tennis courts. He asked that the Town "do something" about it. He said
that he had spoken to Chief of Police about the problem.
DRAFT Town Council Minutes #xx -2011 February 16, 2011 Page 1
CONSENT CALENDAR
1. Town Council Minutes -Adopt minutes of January 19, 2011 regular meeting (Town
Clerk Crane Iacopi)
2. Lyford Drive Parking Improvement Project - Adopt resolution authorizing Town
Manager to execute Cooperation and Fundng Agreement with Tiburon Redevelopment
Agency for project funding (Town Attorney Danforth)
3. Automated License Plate Reader Project - Adopt resolution accepting the work and
authorize the filing of the Notice of Completion (Department of Public Works/Police
Department)
4. 2312 Spanish Trail - Adopt resolution granting an appeal of a site plan and architectural
review approval for construction of a new, detached, two-family dwelling with a detached
two-family dwelling exception and variance for reduced front yard setback - (Planning
Manager Watrous)
Assessor Parcel No. 059-201-23
Owners: William and Joy Norris
Applicant: Roger Hartley
Appellants: Jerome Bernal, Shelley Brown, Celia and Ann DeMartini, Robert
Harrison, Wallace Quinn, Dennis and Terry Schwakopf, Sue
Zimmerman
5. Housing Funds from Tiburon Redevelopment Agency - Adopt resolution authorizing
Town Manager to execute a Cooperation and Funding Agreement with Tiburon
Redevelopment Agency for transfer of housing funds (Town Manager Curran/Town
Attorney Danforth)
Councilmember O'Donnell asked to remove Item No. 4 from the Consent Calendar.
Town Manager Curran noted that revised resolutions pertaining to Consent Calendar Item Nos. 2
and 5 had been submitted to Council for its consideration.
MOTION: To approve Consent Calendar Item Nos. 1, 2, 3 and 5, as submitted.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Unanimous
MOTION: To approve Consent Calendar Item No. 4, as written.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Collins, Fraser, Fredericks, Slavitz
NAYES: O'Donnell
DRAFT Town Council Minutes #xx -2011 February 16, 2011 Page 2
PUBLIC HEARINGS
1. Tiburon Tourism Business Improvement District (BID) - Public Information meeting
concerning proposed increase to assessment to lodging establishments within the Tiburon
BID (Town Attorney Danforth)
Town Attorney Danforth gave a brief report. She stated that this was the second of four
meetings about the proposed increase to the Tiburon Tourism BID assessment. She introduced
Mark Essman of the Marin County Visitors and Convention Bureau. Essman said that the
initial district was formed in 2008 and now the two hotels that formed the district sought an
increase to the initial assessment. Mr. Essman said that Tiburon was the "crown jewel" of
Southern Marin and that he looked forward to further promoting it.
Councilmember O'Donnell asked about some information in the written materials provided by
the Visitor's Bureau, and whether the current expenditures were "working". Mr. Essman said
that in the current economy, the Bureau was "rolling with the punches" and that although they
took in less revenue, they were able to make more of it. He said they looked forward to a
rebound in the economy.
Councilmember Fraser noted that 62% of Bureau's expenditures were for "head count" in the
written materials provided. He asked whether technology could be used more effectively in
promotion. Mr. Essman said that the Bureau planned to use the "social network" more
extensively since it was the primary way of reaching the 20- and 30-year old market. He also
noted that all of the Bureau's promotion was done in-house and nothing was outsourced.
There were no questions from the public.
No action was taken by Council, as this was an information item only.
2. Ned's Way Recreation Facility - Review and consider for land use and zoning permit
approval the site plan and architectural drawings for the Ned's Way Recreation Facility
project and adoption of a Mitigated Negative Declaration - (Director of Community
Development Anderson)
Assessor Parcel No.: 058-151-27
Address: 600 Ned's Way
Owner/Applicant: Town of Tiburon
Item No. 2 was moved down on the agenda to be heard after the CVS Pharmacy appeal.
3. CVS Pharmacy - Two appeals of Planning Commission decision to approve a conditional
use permit to operate a drug store and pharmacy in a building previously occupied by a
grocery store (Planning Manager Watrous)
DRAFT Town Council Minutes #xx -2011 February 16, 2011 Page 3
Assessor Parcel No.: 058-171-88 & 89
Address: 1599 Tiburon Boulevard
Appellants: Cres Van Keulen, Neal Toft, Terry Hennessy and Patricia Goss
Applicant/Appellant: Armstrong Development Properties, Inc.
Planning Manager Watrous gave the report and detailed the appeal hearing procedure.
Mayor Slavitz asked a question about the review of the conditional use permit (CUP). Slavitz
noted that the Planning Commission had approved the CUP with a 90-day and one-year review.
He asked if these were one-time, or recurring, reviews.
Planning Manager Watrous said that the Planning Commission could schedule additional reviews
as it sees fit, for instance, on a "complaint" basis, or maintain a continuing annual review.
Mayor Slavitz asked if the hours of operation set forth in the CUP could be changed, upon
review. Watrous said that they could be.
Mayor Slavitz opened the appeal hearing to the first appellant, applicant CVS Pharmacy.
Josh Eisenhut, Armstrong Development, representing CVS Pharmacy, said that the applicant's
appeal focused on the number of lanes and the hours of the drive-through, as well as the hours of
delivery. He said that the applicant's light studies showed that there were no significant impacts
from the proposed drive-through lanes, and that the acoustical studies showed that the noise
would not exceed the Town's thresholds to the adjoining properties. He noted that Town staff
had conducted their own study which showed that a "worse case scenario" of light pollution
might occur with "older type" headlights and high beams on; he said this study did not include a
new wall that CVS proposed to build. Nevertheless, Eisenhut said that even without this
mitigating measure, the light levels were virtually non-existent. He said that only two
condominiums would be affected, with a light level the equivalent of a 60-watt light bulb.
Eisenhut said that CVS was willing to work with the Town to further mitigate the situation, if
necessary. He also noted that the drive-through had been shifted 20feet back toward Tiburon
Boulevard, since the Planning Commission hearing.
Mr. Eisenhut said that the double drive-through was an essential part of the CVS business model.
He said it improved pharmacy efficiency and customer experience by alleviating long wait times
during pharmacy consultations. This would result in the same level of customer service, inside
and out. He said that two lanes would have no impact on the Marsh properties and was not
incompatible with nearby uses. He asked that the Council allow the two-lane drive through.
Eisenhut also said that the drive through hours should match the hours of operation for the store
itself (7 a.m. to 10 p.m., not the 8:00 a.m. until 8:00 p.m., as approved by the Planning
Commission). He said that this was important because the drive-through would be used by sick,
elderly and disabled persons. He said and the intersection safety issues raised by residents could
be addressed separately but noted that the studies had concluded that the light and noise impacts
DRAFT Town Council Minutes #xx -2011 February 16, 2011 Page 4
were minimal. He also contended that the hours of delivery should match those already
established in the Tiburon Municipal Code, both for fairness and ease of enforcement.
Before turning his report over to the acoustical engineer, Council had some questions for Mr.
Eisenhut concerning the width of the drive-through lanes (24 feet; 12-feet each) and how close
they would be to the building itself (possibly one foot away). Councilmember Collins also asked
where a recycling facility might be located (inside the store, according to Eisenhut) and whether
merchandise differed from store to store. Specifically, Collins asked what portion of the
merchandise was made up of food items. Mr. Eisenhut said that the items stocked were primarily
convenience food and comprised less than 20% of the floor space in an 18,000 square foot store.
Councilmember Fredericks asked about the possibility of adding or removing a second drive
through lane at a later date. In response, William McDermott, Armstrong Development, said that
adding another lane would be more difficult than removing one later because the engineering had
to take into account the structural load on the roof and the installation of a pneumatic tube
throughout the drive-through portion of the structure.
Paul Bollard, noise consultant for CVS Pharmacy, said he based his study on a similar site in Elk
Grove. He said that they measured 53 decibels of noise at night from the Pt. Tiburon Marsh
location. He said that 50 decibels would account for all aspects of noise such as stereo speakers,
idling vehicles, etc., during the 7 a.m. to 10 p.m. hours of operations at the pharmacy. He said
that these levels were under the Town standards of 60 decibels and also satisfied the CEQA
requirements.
Councilmember Fredericks said that noise levels and how people actually perceive noise can be
somewhat different. She asked how 50 plus 53 decibels could be less than 60. Mr. Bollard said
that logarithmically, 50 plus 53 would equal 54.
Councilmember Fraser asked if there were any other CVS pharmacies with drive-through lanes
in Marin County, or whether Elk Grove was the closest one. He also asked what percentage of
business was done in the drive-through lanes.
Mr. McDermott said that the majority of the business was done in the store, and that they
anticipated 25-30 cars per day which would comprise 10% of the business in the Tiburon
location.
Mayor Slavitz opened the hearing to the second group of appellants.
Neil Toft, representing the Pt. Tiburon Marsh residents who comprised the second group of
appellants, said they were not against CVS Pharmacy, rather, their primary concern was the
drive-through. He also said that there were other issues surrounding the application, such as the
failure to receive the public hearing notice, as well as an inadequacy of plans presented.
DRAFT Town Council Minutes #xx -2011 February 16, 2011 Page 5
J
Toft said that the approval of a drive-through represented a precedent in Marin County for CVS
stores. He said the drive-through would be a "boxy, tacked, on" structure, requiring an elevating
driveway, and that it would have prominent activity, lighting and noise from intercoms at night.
He asked why this new element was necessary because many pharmacies now provided delivery
services. He said that the neighbor/appellants concluded that the drive-through would constitute
"blight" to the Beach Road area, and said that the Town's General Plan while not restricting it,
did not encourage this type of activity either.
Mayor Slavitz asked whether the drive-through would be automatically permitted to any future
tenants. Planning Manager Watrous said any new tenant would be required to apply for a CUP, if
it were a different use, and that if a new tenant did not need the drive-through, it would merely
become an architectural "appendage" to the building. Mayor Slavitz asked whether a drive-
though was required to have an overhang. Watrous said that this was not a building code
requirement.
Appellant Cres Van Keulen added her voice to the traffic and pedestrian safety concerns in the
area. She said that the corner at Beach Road next to the CVS driveway was not a safe area to add
more vehicle traffic. She said that every Marsh resident had had "near misses" when walking in
this area, and she said that the area was used by many more pedestrians, in addition to those
living at the Marsh.
Van Keulen described how trucks would have to back into the loading dock with their "noses"
stuck out into traffic in the same "blind spot" described by Ms. Hulsbus in public comment time.
She said that the Pt. Tiburon Marsh fence had been knocked down several times in this area, and
that the drive-through and delivery hours would be an additional traffic burden not currently in
existence.
Mayor Slavitz pointed out that trucks previously made deliveries to this location when it was a
grocery store; Ms. Van Keulen agreed but noted that cars exiting the drive-through lanes would
create additional traffic into this intersection.
Appellant Terry Hennessy reiterated her support for the pharmacy and said that the Pt. Tiburon
residents wanted to be "good neighbors". However, Ms. Hennessy urged the Council to preserve
the unique character of downtown Tiburon, stating that a drive-through would be inconsistent
with planning for pedestrian access to downtown. She also said that a drive-through would set a
precedent for future applicants. She said that in 2005, drive through restaurants were banned
downtown, and that the only reason a drive-through was approved for the Bank of America in
1972 was that the Planning Commission was "too tired" after a long meeting to reject it. She said
that if the CVS drive-through was approved, the "ugliest part" of the Bank of America would be
replicated across the street.
Ms. Hennessy said that it was the duty of the Town Council to protect its residents and she urged _
the Council, even if it ruled against the, Pt. Tiburon Marsh appellants, to at least uphold the hours
of operation approved by the Planning Commission.
DRAFT Town Council Minutes #xx -2011 February 16, 2011 Page 6
Appellant Patricia Goss said that she was well aware of noise generated by the grocery store usage in
that location; she asked that the hours of truck deliveries be further reduced to 8 a.m. to 6 p.m.
Before opening the hearing to public comment, Council asked Planning Commission Chair
Frymier for her comments.
Councilmember O'Donnell asked Frymier how the commission reached a decision on the one-
stall versus two, drive through lanes. Chair Frymier said that the traffic estimates of 5-7 cars did
not seem to necessitate two lanes.
Mayor Slavitz asked why one lane was approved at all. Chair Frymier said that the look and
design of the drive through was discussed by the Commission which ultimately concluded that
one would be superior on the site.
Chair Frymier also said that the commission took into account the needs of the community in its
approval of the drive through. She said that the housing element of the General Plan projected a
75% increase in the elder demographic; she also said that many of the younger families preferred
to go through the drive through when they had children in the car.
Councilmember Fredericks questioned the use of demographical statistics. She wondered what
kind of disabled people might drive but not walk, and who these people were. Planning Manager
Watrous said that the Planning Commission did not delve into this level of specificity; however,
he said that all of the Commissioners identified segments of the community who would benefit
from the drive through, including sick people who did not want to get out of their cars and go
into the store.
Councilmember Fraser noted that of the 7 or 8 CVS pharmacies in Marin, none had drive
through facilities.
Mayor Slavitz opened the hearing to the public.
Jackie Brown, Pt. Tiburon Marsh resident, said that trucks often showed up for deliveries earlier
than specified, and then just sat and idled, played music on their radios, etc. She said that the
Town's downtown consultant had stated that the Town would benefit from pedestrian-friendly
design changes in the downtown area and that this seemed like the opposite direction. She said
that the safety concerns in that location also spoke against approval of a drive through.
Michael Scippa, 36-year resident, now residing at Pt. Tiburon Marsh, agreed that it was great to
be able to walk everywhere and enjoy the small-town "village". He questioned the decision to
"rush" to find a tenant in that area in order to bolster sales tax revenues. Scippa said that the drive
through was not in keeping with the small-town character, a vision shared by both Ed Zelinsky
and his father, Fred. He said that CVS "needs to value what we value" and said that the concerns
about light, noise, and traffic were real.
DRAFT Town Council Minutes #xx -2011 February 16, 2011 Page 7
Mr. Scippa also expressed concern about alcohol sales, and-whether they would be completed
through "self' check-outs, and possible teen shop-lifting of alcoholic beverages.
Susan Schneider, Marsh Road resident, said she was in favor of the CVS Pharmacy, but not the
drive through.
Ilse Gonzalez, Marsh Road, concurred with the "ugliness" of the drive through and the safety
issues, as well as air quality issues from idling cars.
Virgie Serra, Marsh Road, said she was concerned at what type of business might follow CVS in
that location if the pharmacy did not succeed.
TJ Lucas, Centro West, said she preferred having a drive through, and noted that she drove all
the way to Walgreens in Mill Valley to use one. She said that it was the same thing as the drive
through at Wells Fargo Bank, that it provided a convenience to residents; she stated that it was
especially important to single mothers and parents would did not want to carry a baby inside.
Claude Perasso, Peninsula Road, noted the low number of cars projected by CVS that would use
the drive through and said it would not be like "In N Out Burger" with a high volume; said that
most CVS pharmacies did not have drive through facilities because they were "in-line" stores.
Perasso stated that noise was not really an issue and that the existing line of trees in that location
would block the light from car headlights. Mr. Perasso said that he could not emphasize enough
what a convenience a drive through would be to the community; that it would lessen traffic on
Tiburon Boulevard; in addition, he said it would bring more people downtown.
Chuck Rieff, Vistazo West, echoed the last speaker's remarks. He said he was concerned that
Tiburon was a "tough place to do business" because of the NIMBYism expressed; said that the
Planning Commission had done a good job sorting out the issues and noted that the applicant had
stated its willingness to work with the community. Rieff questioned the importance of the issue
of safety that had been raised, and asked whether there had been accidents or incidents reported
from use of the drive through at Bank of America.
Allan Bortel, the Reedlands, said that drive through facilities did provide benefits for families
with sick children, and were more convenient than having the get kids in and out of car seats. He
asked whether the drive through in that location might go the other direction to mitigate the
headlight question.
Ken James, Marsh Road, said that headlights would be directly visible into his unit; he asked the
Council if it wanted approval of a drive through as its "legacy".
Mayor Slavitz closed the public hearing and opened the hearing to rebuttals by the appellants.
DRAFT Town Council Minutes #.x -2011 February 16, 2011 Page 8
Mr. McDermott clarified that the eight CVS stores in Marin were existing stores "inherited" by
CVS from Longs Drugs. He said that CVS was seeking drive-through opportunities for its stores.
He reiterated how willing CVS was willing to work with the community and he said they would
be willing to install traffic calming devices, signs and vegetation, among other things, in the
Tiburon location. He said they would work with staff to more fully develop these plans. He said
they would even be willing to limit the hours of delivery, as requested by the other appellants, but
that the drive through was the most important aspect of their application.
McDermott said that, if approved, the applicant would construct and operate two drive through
lanes and that after 90 days, they would be willing to eliminate one lane, if so directed. He said
that the CVS drive through in Tiburon would be integrated into the facility and would be a lower
profile than the Benicia store shown in the photos distributed by one of the speakers.
Vice Mayor Fraser said that he, too, loved "our village environment" and sought to maintain its
character and charm. But he also said that the CVS business model made sense and asked if they
would be willing to "soften" the design and possibly make it "fit" more into the community. Mr.
McDermott said that it would be "our pleasure" to work with the Town to achieve this.
Mayor Slavitz asked for further exploration of a one-lane drive through and whether an extended
canopy was actually needed. Mr. McDermott said that CVS still had to look at the structural and
engineering components of the drive through.
Mayor Slavitz asked whether the drive through might be moved to the opposite side of the store.
Mr. McDermott said that it was on a separate parcel of land and not within the CVS leasehold.
Councilmember Fredericks asked whether the one- or two-lane issue could be decided by the
Design Review Board in its review of the application. Planning Manager said that it could not,
because the CUP had to be established by the Planning Commission.
Mayor Slavitz asked whether the DRB could set the design parameters of the drive through, one
lane or two. Planning Manager Watrous said that it could.
Councilmember Collins said that in his research he had determined that 10 out of 12 CVS stores
with drive through facilities used a single lane.
Second appellant Terry Hennessy said that she appreciated the concessions made by CVS to
delivery hours but said that CVS was denied a drive through by the City of San Rafael because
the stacking lane would back up into traffic, and that they were also turned down in Novato for
similar traffic safety concerns. She said the store parking lot had been "sinking for 40 years"; she
said that noise and light were issues in the area which had a "bowl effect"; stated that if noise
was not an issue, why was CVS willing to build a wall. She asked the Council to deny the CVS
appeal and deny the drive; failing that, to keep the Planning Commission conditions in place.
Mayor Slavitz closed the appeal hearing at 9:28 p.m. and returned the discussion to the Council.
DRAFT Town Council Minutes #xx -2011 February 16, 2011 Page 9
Councilmember Collins addressed safety at the Beach Road/Marsh Road intersection and asked
the Town Engineer if the existing crosswalk might be moved to the other side of the intersection.
The Town Engineer noted that the sidewalk ended in that location and did not extend onto one
side of the intersection, but said it might be possible to make certain improvements.
Councilmember O'Donnell said that the project was very important, even critical, to the
community as a whole, and that it represented a revitalization of increasing suburban "blight" of
the downtown area. He said that CVS had been very accommodating to the community, and that
everyone needed to have a stake in ensuring its success.
O'Donnell said that he had conducted his own "field test" with regard to lights and said that he
concluded that the car headlights would have no effect on the adjacent residences. He said he had
to wait in line at the Bank of America drive through and it started him thinking about the
convenience of having two lanes; he said he would be willing to support the applicant's request
for two lanes.
Councilmember O'Donnell acknowledged that the Pt. Tiburon Marsh residents did not receive
the public hearing notice [due to the failure of mail delivery] but said that it was not a valid
ground to deny the appeal because the hearings were well publicized.
O'Donnell said that CVS Pharmacy would not represent a change in use of the property and that
there would be less impact from truck deliveries because there would be fewer, if any,
refrigeration trucks. He said the application was consistent with the goals of the Tiburon General
Plan and that the community had stated its desire for a pharmacy in town as long as he had lived
here.
Councilmember O'Donnell said that he would support the applicant's request to keep the hours
of delivery consistent with existing Town code, for fairness; he said it was an excellent
application and would be good for downtown Tiburon.
Councilmember Fredericks said that CVS would also provide a benefit to the community as a
place in town to buy sundries; she stated, however, that "many of us" buy on-line or use delivery
services for other items.
Fredericks acknowledged the convenience of a drive through facility but said that the downside
was an increased noise increment, as well as the creation of active commercial frontage on Beach
Road in a "quiet corner" of downtown Tiburon. She said that she appreciated the concessions
made by CVS, and acknowledged that the Planning Commission had done a good job in
balancing the issues by limiting the hours of delivery.
Vice Mayor Fraser said that all the comments by both sides pointed toward a solution that would
work well for the community. He said that two lanes in the drive through might be "one too
many' and that CVS should look to the Carmel downtown in the way businesses there "matched"
the community aesthetics and character. The Vice Mayor said that he would be in favor of
DRAFT Town Council Minutes #xx -2011 February 16, 2011 Page 10
upholding the Planning Commission CUP approval, which included the one lane drive through,
with an appropriate design.
Councilmember Collins concurred; he said that while he was personally not in favor of the drive
through, it was important to balance the needs of the overall community for the convenience of a
drive through. He said that the Planning Commission did a good job in balancing the issues. He
said everyone wanted CVS to come to town, and that its business model included drive through
facilities; he opined that one lane might even lessen the perceived negative traffic impacts.
Collins said that that the [lack of] notice was no longer an issue. He said that the application
complied with the General Plan, that there were no variances, and that its use would have a lesser
impact than the grocery store previously located on the site.
Mayor Slavitz agreed that the Council should find a solution that met the community's needs and
the needs of the neighbors by limiting hours of delivery and use of the drive through. But he said
the applicant's plans to him looked like a "big downtown" solution rather than a small town one.
He urged the applicant to come up with a design that was a "Tiburon solution" with perhaps a
lower profile drive through, not as wide as proposed, without the use of a large column, and to
match the existing architecture of the building. He said that the CUP would be reviewed in 90
days, and again in one year, and that if problems with the drive through existed, it could be
removed.
Councilmember O'Donnell said that site work still had to be done to determine the engineering
of the drive through; he agreed that a "small town" look was ideal but recommended leaving the
details of the design scheme to the DRB.
Councilmember Fredericks recommended some language along the lines of constructing the
"minimum structure necessary" to provide for a drive through, if approved.
Mayor Slavitz concurred with this recommendation; he said he also wanted to ask the applicant
to minimize lighting and to use tasteful signage in its design application.
Planning Manager Watrous asked if a motion was being formulated to uphold the Planning
Commission approval with direction to the DRB to minimize the volume of the drive through,
along with visual impacts, to fit with the building design, and with the addition of items listed on
page 13 of the staff report that the applicant had expressed its willingness to construct.
Mr. Armstrong said the he appreciated the civility of the Council and the productive
conversation, although he still maintained that CVS wanted a two-lane drive through facility.
Council indicated that it would not be willing to concede that point.
MOTION: To uphold the Planning Commission approval of the CVS Pharmacy application, _
with additional design direction to the Design Review Board, along with the
improvements listed on page 13 of the staff report to be added to the conditions of
DRAFT Town Council Minutes #xx -2011 February 16, 2011 Page 11
approval, along with amended hours of delivery as requested and agreed to by the
appellants, and to direct staff to return to Council with two resolutions reflecting
the above findings.
Moved: Fredericks, seconded by Collins
Vote: AYES: Unanimous
Mayor Slavitz returned to Public Hearing Item No. 2.
2. Ned's Way Recreation Facility - Review and consider for land use and zoning permit
approval the site plan and architectural drawings for the Ned's Way Recreation Facility
project and adoption of a Mitigated Negative Declaration - (Director of Community
Development Anderson)
Assessor Parcel No.: 058-151-27
Address: 600 Ned's Way
Owner/Applicant: Town of Tiburon
Director of Community Development Anderson gave the report, stating that the application had
been analyzed and found to be consistent with the General Plan and CEQA streamlining
procedures. He recommended that the Council adopt the resolution adopting the negative
declaration and mitigation measures.
Councilmember Fredericks asked about the hearing process and the extent of the notification of
the surrounding neighbors. Anderson said that notices would be sent to property owners within
300 feet, per Town policy. This would include Chandler's Gate, the Hilarita, but would not
extend as far as Spring Lane, according to the Director.
Fredericks asked about the size of the "V-6 soccer field" in the drawings. Management Assistant
Troy Basset said this was a small, 15 x 30 field.
Mayor Slavitz opened the public hearing.
Allan Bortel, Reedlands, said he had walked the property and that it looked to him like an ideal
site for the project as described. He said that it would enhance the town and would free up space
at Town Hall, as noted in the staff report.
Mayor Slavitz closed the public hearing.
Councilmember O'Donnell said that he and Vice Mayor Fraser comprised the subcommittee for
this project. He said that the space would be designed not just for after school programs for
children at Reed School, but would also have increased programming capabilities for adults, as
well. He acknowledged that detailed costs of the projects were not yet available, but he said that
the Council could move forward with the streamlining procedures while waiting to evaluate the
costs.
DRAFT Town Council Minutes #xx -2011 February 16, 2011 Page 12
Town Manager Curran concurred with this analysis and said that staff would return some time in
March or April with project costs, and estimated that the project could go out to bid in April.
While this timeline would not allow for completion of the project by the beginning of the next
school year, Curran said that an interim solution was being contemplated.
The Town Manager acknowledged all the time and hard work on the project to date by the team
of staff and council members, architect Berger, and others. Nevertheless, Curran stated said that
the Council could still "walk away from the project" after this juncture. Councilmember
Fredericks added her thanks to the team on behalf of the Council.
MOTION: To adopt the resolution approving the project and adopting the negative
declaration and mitigation measures, as written.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Unanimous
4. Repeal of Zoning Ordinance-Based Green Building Regulations - Introduction and first
reading of an ordinance repealing Article IX (Green Building) and related sections of
Chapter 16 (Zoning) of the Tiburon Municipal Code; adoption of a resolution rescinding
Green Building Standards from the current zoning-based system (Director of Community
Development Anderson)
Council waived the staff report.
Mayor Slavitz opened the public hearing. There was no public comment. Mayor Slavitz closed
the public hearing.
MOTION: To read the ordinance by title only.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon repealing the
Zoning Ordinance-based Green Building Regulations contained in Title IV, Chapter 16 (Zoning)
of the Tiburon Municipal Code."
MOTION: To pass first reading of the ordinance, as written.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Collins, Fraser, Fredericks, O'Donnell, Slavitz
NAPES: None
TOWN COUNCIL REPORTS
• Marin Clean Energy Update (Councilmember Collins)
The Council accepted Councilmember Collins' written report, as submitted.
DRAFT Town Council Minutes #xx -2011 February 16, 2011 Page 13
Councilmember Fredericks reported that at the League of California Cities Board meeting, an ad hoc
committee was formed to study the future of redevelopment and to ensure that projects continued
that would preserve jobs and create affordable housing in communities.
Fredericks also reported that the Transportation Authority of Marin (TAM) was in the process of
organizing a Marin Sustainable Communities (SCS) ad hoc committee. She said that each
member city was invited to designate a member of their governing body to serve on this
committee which would provide a forum for consideration of the various proposals leading up to
the final SCS proposal, pursuant to SB 375. Fredericks said she would be willing to represent the
Town on this ad hoc committee. The Council concurred with her recommendation.
TOWN MANAGER'S REPORT
• Proposed participation in developing a kiosk for downtown
There was no Council consensus at this time for a monetary contribution to this project.
• Requested contribution to Walk Your History event
Council concurred with the Town Manager's recommendation to make a $2,500 contribution
to this biennial event.
WEEKLY DIGESTS
• Town Council Weekly Digest -
January 21, 2011
• Town Council Weekly Digest -
January 28, 2011
• Town Council Weekly Digest -
February 4, 2011
• Town Council Weekly Digest -
February 11, 2011
ADJOURNMENT
There being no further business before the Tiburon Town Council, Mayor Slavitz adjourned the
meeting at 10:32 p.m. to a meeting of the Tiburon Redevelopment Agency (see separate
minutes).
JEFF SLAVITZ, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT Town Council Minutes #xx -2011 February, 16, 2011 Page 14
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Slavitz ca r meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesda , March 2, 2011, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Fraser, Fredericks, O'Donnell, Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Police Chief
Cronin, Town Clerk Crane Iacopi
Prior to the regular meeting, the Council met in closed session, beginning at 6:15 p.m., to discuss
the following:
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: Town Attorney
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
(Subdivision (c) of Government Code Section 54956.9)
Claims relating to Del Mar Undergrounding Litigation
CLOSED SESSION ANNOUNCEMENT, IF ANY
Mayor Slavitz said that no action was taken in closed session.
ORAL COMMUNICATIONS
None.
Town Council Minutes #.xx -2011 xxxxxxx, 2011 Page 1
PRESENTATION
• Independent Campaign Expenditure Ordinance (Elissa Giambastiani)
Ms. Giambastiani, Chair of the Campaign Reform Committee of the League of Women Voters in
Marin County, said that there was an increased lack of civility in the political arena, and
especially notable were the proliferation of "hit pieces" late in the election cycle against
candidates and measures. She said that the proposed ordinance promoted greater transparency so
that voters would know who had made independent expenditures (the main source of funding for
"hit pieces"), and that this information would be available to voters in a more timely manner.
Ms. Giambastiani asked the Council to consider adoption of a campaign disclosure ordinance
that the League hoped would be adopted county-wide. She said that the County of Marin and the
City of San Rafael had already adopted such ordinances. Ms. Giambastiani said that current
[state] law did not go far enough in requiring the disclosure of independent expenditures.
Mayor Slavitz asked if the ordinance would require filings, in addition to those required by state
law. Ms. Giambastiani said that existing law only required "late filings" of independent
expenditures. She said that the Marin and San Rafael ordinances required disclosure statements
to be filed with the city clerk at regular intervals during an election campaign, and that they be
posted on the county/city websites.
Councilmember Fredericks asked if the ordinance would apply only to independent expenditure
committees. Ms. Giambastiani said that it would apply to these committees, as well as
"primarily-formed" committees.
The Council expressed general agreement with the idea of increased transparency but asked that
staff provide additional information to Council for further evaluation of the request.
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of February 8, 2011 Special Meeting/Retreat
(Town Manager Curran)
2. Town Investment Summary - Accept January 2011 report (Director of Administrative
Services Bigall)
3. CVS Pharmacy - Resolutions denying the CVS appeal and partially upholding the Pt.
Tiburon Marsh neighbors' appeal of the Planning Commission decision to approve a
conditional use permit to operate a drug store and pharmacy in a building previously
occupied by a grocery store (Planning Manager Watrous)
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 2
Assessor Parcel No.: 058-171-88 & 89
Address: 1599 Tiburon Boulevard
Appellants: Cres Van Keulen, Neal Toft, Terry Hennessy and Patricia Goss
Applicant/Appellant: Armstrong Development Properties, Inc.
4. Repeal of Zoning Ordinance-Based Green Building Regulations - Adoption of an
ordinance repealing Article IX (Green Building) and related sections of Chapter 16
(Zoning) of the Tiburon Municipal Code (Director of Community Development
Anderson)
5. Repeal of Zoning Ordinance-Based Green Building Regulations - Adoption of a
resolution rescinding Green Building Standards from the current zoning-based system
(Director of Community Development Anderson)
6. Fair Housing Month - Proclamation in support of April 2011 Fair Housing Month in
Tiburon (Town Clerk Crane Iacopi)
7. Agreement with Franchise Tax Board - Authorize Town Manager to enter into an
agreement with the California Franchise Tax Board for Exchange of Tax Date
Information (Director of Administrative Services Bigall)
8. 2010 Street Rehabilitation Project - Adopt resolution accepting the work and authorize
the filing of the Notice of Completion (Director of Public Works/Town Engineer
Nguyen)
9. Purchase of Unit at Chandler's Gate - Recommendation to approve a loan to Marin
Housing Authority for Below Market Rate Unit at Chandler's Gate (Director of
Administrative Services Bigall)
The Council removed the following items from the Consent Calendar-Nos. 1, 3 and 7 and 8 for
discussion.
MOTION: To approve Consent Calendar Item Nos. 2, 4, 5, 6, and 9, as submitted.
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
Town Council Minutes - Adopt minutes of February 8, 2011 Special Meeting/Retreat
(Town Manager Curran)
Councilmember Collins asked whether it would be possible to obtain some additional
demographic information regarding the Angel Island ferry. Town Manager Curran said that staff
would follow-up on his request.
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 3
3. CVS Pharmacy - Resolutions denying the CVS appeal and partially upholding the Pt.
Tiburon Marsh neighbors' appeal of the Planning Commission decision to approve a
conditional use permit to operate a drug store and pharmacy in a building previously
occupied by a grocery store (Planning Manager Watrous)
Assessor Parcel No.: 058-171-88 & 89
Address: 1599 Tiburon Boulevard
Appellants: Cres Van Keulen, Neal Toft, Terry Hennessy and Patricia Goss
Applicant/Appellant: Armstrong Development Properties, Inc.
Councilmember Fredericks asked if the words "and necessity" could be removed from paragraph
2 on page 2 of the second resolution, or if they were required terms. Director of Community
Development Anderson responded that the words were part of the finding required by the State
Department of Alcohol and Beverage Control. Councilmember Fredericks also asked whether,
during the 90-day review process, the Planning Commission might look at the self check-out
operation in light of concerns raised about possible sales of cigarettes and alcohol to minors.
CVS representative William McDermott responded that the business practice of CVS required
cigarettes to be kept behind the sales counters, and that the checkers were required to ask for
identification prior to sale. In addition, he said that when alcohol was scanned at the self check-
out counter, a "beep" occurred that would alert staff to come to the counter to complete the
transaction.
Councilmember Fredericks said that these practices seemed to address the concerns expressed.
7. Agreement with Franchise Tax Board - Authorize Town Manager to enter into an
agreement with the California Franchise Tax Board for Exchange of Tax Data
Information (Director of Administrative Services Bigall)
Councilmember O'Donnell asked whether the agreement for data exchange was new. Director of
Administrative Services said that while it was "new" to the Town, it was not a new practice or
agreement, and was utilized by other cities. O'Donnell asked if the data exchange would include
information concerning home businesses. Bigall said that it would, in addition to businesses in
commercial areas.
A brief discussion ensued about the town's business license process and licensing home
businesses. Councilmember O'Donnell said that he thought the Town's business license
ordinance had not "kept up with the times"; that many more people worked at home in the
modern world and he wondered whether the current laws represented "double taxation" and also
a "big brother" approach to government.
Ms. Bigall said that the purpose of the town's regulations were to "level the playing field" so that
everyone who had a business in town would obtain a business license, and be in compliance with
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 4
the Town Code. She said the proposed agreement was "just another tool in the tool box" to help
the town obtain that information and enforce its ordinance.-
Councilmember Fredericks noted that the cost of a home business license ($100 per year) did not
seem onerous. Councilmember Collins noted that there were certain [home] businesses that were
exempt from the existing ordinance.
Mayor Slavitz said that at times, the current law seemed unfair because many people paid for
businesses operated out of their homes, but many others did not, and there was little the town
could do about it. The Mayor said that the broader question of whether or not the town should be
collecting for home business licenses could not be undertaken in the context of the current
agenda item, and he proposed that the Council discuss it at a later date.
8. 2010 Street Rehabilitation Project - Adopt resolution accepting the work and authorize
the filing of the Notice of Completion (Director of Public Works/Town Engineer
Nguyen)
Councilmember Collins asked whether the outstanding claims against the contractor mentioned in
the staff report had been resolved. Director Nguyen said that he was certain that they would soon be
resolved; he added that the Town held a10% retention on the project payment which protected the
Town for any outstanding claims.
Councilmember Collins suggested that language be added to the resolution accepting the project,
"pending release of claims," then noted that the language was already contained in the resolution.
On this basis, the Director recommended that the Council accept the project as complete at this
time.
MOTION: To approve Consent Calendar Item Nos. 1, 3, 7 and 8, as submitted.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Unanimous
ACTION ITEMS
1. Annual General Plan Implementation Report - Consider Acceptance of the annual
General Plan Implementation Status Report for Calendar Year 2010 (Director of
Community Development Anderson)
Director Anderson said the annual report generally reviewed progress on implementing programs
contained with the Town's General Plan ("Tiburon 2020") during the calendar year, with certain
housing data covering the period 2007-2010. He said the report was also used by the State in
conjunction with its review of the Housing Element of the General Plan.
Vice Mayor Fraser asked when the next Tiburon General Plan update was scheduled to take
place. Anderson said that there was no fixed timeline; he said that the last one was completed 16
years after its predecessor; he said he expected the current plan to be in place until 2020.
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 5
Councilmember Fredericks asked if SB 375, which requires the preparation of the Sustainable
Communities Strategy (SCS) plan, would affect the current Land Use Element of the General
Plan. Anderson said that while SB 375 addressed planning and transportation issues, it did not
require that local general plans be amended to be consistent with the SCS plan.
Vice Mayor Fraser posed the question of how the Town might more successfully do long-term
planning with regard to some of the stated goals in the report. For example, he asked how the
Town could address issues related to the maintenance and improvement of Paradise Drive; how
to make it more pedestrian-friendly, and the like.
Councilmember Fredericks said that she and Mayor Slavitz had served on a Council
subcommittee and had participated in many meetings with the County of Marin over issues
related to Paradise Drive. She said that neither the County nor TAM could promise funding for
its long-term maintenance. She said that Measure "A" funds were slated for other, more pressing
transportation needs and that the County did not view Paradise Drive as a well-travelled road that
rose to the level of priority funding. Director Anderson added that the County had recently
resurfaced Paradise Drive from the Corte Madera limit to Trestle Glen Boulevard, despite earlier
indications that there was no money to pay for such work; he speculated that the Town's efforts
regarding Paradise Drive may have played a role in the substantial expenditure that the County
had made.
Councilmember O'Donnell asked whether pre-annexation of the Martha Property was still in
process. Director Anderson said that the pre-zoning was stayed pursuant to the settlement
agreement between the Town and the Martha Company, and that annexation was addressed in the
memorandum of understanding worked out by the Town and Martha Company. He added that
the area in question [Martha Property] only represented one out of six miles of Paradise Drive.
Mayor Slavitz asked if anyone from the public wanted to comment on this item. There was no
public comment.
MOTION: To accept the report, as submitted.
Moved: Collins, seconded by Fredericks
Vote: AYES: Unanimous
2. Solar Panel Policy - Consider adoption of resolution amending Town of Tiburon's "Policy
for Solar Collector Panels" (Director of Community Development Anderson)
Director Anderson said that the Town Council last revised its solar collector panel policy in
February 2005. Anderson said the stated purpose of the policy was "to support the State of
California in encouraging the use of solar collector panels while also encouraging design which
will help to protect and maintain the valued aesthetic qualities which make Tiburon unique". He
said the policy set forth voluntary guidelines for the installation of roof-mounted solar collector
panels, and offered the incentive of significantly reduced building permit fees for those
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 6
i
applicants who adhere to those guidelines.
Anderson said the Town had been recently contacted by an environmental organization that
expressed concern over the potential cost of building permits for solar panel systems on
commercial buildings that did not meet the Town's voluntary guidelines for installation, and
therefore did not qualify for the building permit fee reductions set forth in the Town's policy.
The fee differential could be quite substantial, according to Anderson. He said this issue was
raised at the Town Council/Staff Retreat on February 8 and the Council directed staff to place
the issue on a future agenda.
Anderson said that the primary factor in the current policy that inhibits compliance with the
Town's guidelines for flat-roofed buildings is the requirement for essentially flush-mounted roof
panels, i.e., panels that do not extend more than 8 inches above the roof surface. The Director
said that many commercial buildings in Tiburon are flat-roofed or nearly flat-roofed buildings.
For purposes of the Town policy, "flat-roofed" is defined as having less than or equal to a 2 in
12 roof slope. The 8-inch height limit is a major deterrent to Town guideline compliance on
flat-roofed buildings since it provides a low angle to the sun for solar energy collection and
greatly reduces the solar energy system's efficiency and power generation capability.
According to Anderson, one possible approach that staff sees as having minimal consequence is
to increase the height limit above the roof surface on flat-roofed commercial buildings to 18
inches, or an increase of 10 inches over what the policy currently allows. He said that 10 inches
is rather short and the visual impacts of the increase would be quite limited. Furthermore, since
many flat-roofed commercial buildings in Tiburon have a 2- to 3-foot tall parapet wall extending
around the roof, the additional visibility of any slightly taller solar panels would be further
minimized. He added that any existing roof parapet would need to be retained or replaced as part
of the solar panel project. The Director said that this requirement would reduce the visibility of
the support structures and other mechanical components generally less aesthetically pleasing
than the solar panels themselves.
The Director said that staff does not anticipate that the policy revisions would dramatically
increase the number of Tiburon commercial building owners who choose to install solar
collector panels, but that the revision somewhat "levels the playing field" for flat-roofed
commercial buildings with respect to the solar panel incentives provided by the Town.
Anderson said that staff does not support extending the height limit to flat-roofed residential
buildings for aesthetic and safety reasons. He said that residential structures generally do not
have parapet roofs and are more likely to suffer wind-load-related problems from solar panels
that extend higher from the roof surface.
Councilmember Fredericks commented that more panels had to be installed on flat-roofed
residential buildings to make a viable system, and there were more maintenance issues related to _
this type of installation. She said this was seen as a disincentive to some owners.
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 7
Councilmember Collins asked what the average permit fee was to install a solar system.
Anderson said that for a $25,000 system, the permit was $ 1,250, which would be largely waived
if the [commercial] project met the criteria in the amended policy.
MOTION: To adopt resolution amending the Town's solar policy, as written.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
3. Appointments to Boards, Commissions and Committees - Consider reappointment of
board and commission members whose terms expired at the end of February 2011 (Town
Clerk Crane Iacopi)
Town Clerk Crane Iacopi said that all of the incumbents whose terms expired at the end of February
had notified the Town of their interest in being reappointed. She said that there were no additional
applicants for the positions at this time.
MOTION: To reappoint Erin Tollini to the Planning Commission; Linda Emberson and John
Kricensky to the Design Review Board; Marlene Rice and Ric Postle to the Heritage
& Arts Commission; Jane Jacobs and Jerry Riessen to the Jt. Recreation Committee;
and Peter Winkler to the Parks, Open Space & Trails Commission.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Unanimous
PUBLIC HEARINGS
1. Tiburon Tourism Business Improvement District (BID) - Protest hearing; Introduction
and 1 St reading of ordinance concerning proposed increase to assessment to lodging
establishments within the Tiburon BID (Town Attorney Danforth)
Town Attorney Danforth gave the report. She said the proposal to raise the assessment from 1 %
to 2% had been brought to the Council at the behest of the two hotels in town that comprised the
Tiburon Tourism Business Improvement District Assessment District (TTBID).
Vice Mayor Fraser asked if moving forward with the increased assessment would have a negative
impact if the Town decided to form its own business improvement district. The Town Attorney
said that formation of a BID had to be approved by the entities being assessed.
Councilmember O'Donnell asked whether the Town could withdraw from the current BID. Town
Attorney Danforth said that there was a termination clause in the ordinance; however, she also
noted that the two hotels had stated their satisfaction with what the services received from the
current BID, through the Marin County Visitor's Bureau.
The Town Attorney said that this hearing was the protest hearing for the proposed increase to the
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 8
current assessment. Town Clerk Crane Iacopi said that no written protests had been received.
Mayor Slavitz opened the public hearing and asked if anyone wanted to submit a written protest.
There were no written protests submitted.
Mayor Slavitz closed the public hearing.
MOTION: To read the ordinance by title only.
Moved: O'Donnell, seconded by Fraser
Vote: AYES: Unanimous
Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon amending the
Tiburon Tourism Business Improvement District (TTBID) in the Town of Tiburon."
MOTION: To pass first reading of the ordinance, as written.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Collins, Fraser, Fredericks, O'Donnell, Slavitz
NAYES: None
TOWN COUNCIL REPORTS
Councilmember Fredericks said that a question had arisen at the last Legislative Committee
meeting about pension reform. Fredericks said that there had not yet been much information at
the state level for the committee to consider.
Councilmember O'Donnell, Tiburon's appointee to the MCCMC ad hoc committee on pension
reform, made a brief report. He said that there had been two meetings and that the committee was
planning to issue a report by the end of April, or possibly at the May MCCMC meeting. He said
the report would include a compilation of each city or participating district's current pension
benefits, as well as post-retirement benefit projections. He said the group was also compiling a
"tool kit" with various options that could be used by cities to move forward to address the issue
of funding shortfalls.
O'Donnell said that some questioned the actuarial assumptions put forward by Ca1PERS. He said
the committee sought to have each town and city enter into an agreement with the Bartel Group
to do an independent actuarial report that would go three to four years further into the future than
the CalPERS' projections. He said that the cost of the study was estimated to be $3,000 per
city/agency, and that the Bartel Group would make an actual presentation of its findings to each
city/agency. O'Donnell said that report would be an additional tool in the toolkit for use by cities
and their staffs for budget projections.
Council was not asked to take any action on the funding of the report at this meeting.
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 9
TOWN MANAGER'S REPORT
Town Manager Curran discussed the possibility of scheduling a special meeting regarding the
Lyford Parking project that would be more timely than waiting until the next regular meeting on
April 6 (due to the cancellation of the March 16 meeting). She said that if the special meeting
were held on March 9, a Planning Commission meeting night, the Planning Commission would
meet in the upstairs Community Room.
WEEKLY DIGESTS
Town Council Weekly Digest - February 18, 2011
Town Council Weekly Digest - February 25, 2011
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz
adjourned the meeting at 8:55 p.m., to a meeting of the Tiburon Redevelopment Agency (see
separate minutes).
JEFF SLAVITZ, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 10
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Sla=March cial meeting of the Tiburon Town Council to order at 7:30 p.m. on
Wednesda 11 the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
ORAL COMMUNICATIONS: None
CONSENT CALENDAR
Collins, Fraser, Fredericks, O'Donnell, Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Minutes
Clerk Levison
1. Restroom Facilities at Blackie's Pasture - Accept project as complete and authorize
filing of Notice of Completion (Director of Public Works/Town Engineer Nguyen)
Vice Mayor Fraser acknowledged the hard work of the Public Works Department in putting
together such a great project on behalf of the community.
Mayor Slavitz echoed his comments.
MOTION: To approve Consent Calendar Item No. 1, as written.
Moved: Fredericks, seconded by Collins.
Vote: AYES: Unanimous
ACTION ITEMS
1. 600 Ned's Way Recreation Facility - Discussion of project and consideration of
authorization to bid project construction (Town Manager Curran & Director of Public
Works/Town Engineer Nguyen)
Town Manager Curran gave the report. She discussed the current project, which envisions a
4,800 square foot facility with space for Belvedere Tiburon Joint Recreation Committee (BTJR) _
offices, three classrooms, and parking for 22 cars. A trail leading from the Reed Elementary
School would also cut through from Kleinert Way. She said that as the project vision has evolved
over the initial concept, so has the cost. The more refined project estimate of $1.675 million is
DRAFT Town Council Minutes #06-2011 March 9, 2011 Page I
f~
significantly steeper than the $250,0004300,000 originally thought, primarily due to challenges
associated with the site itself. On the other hand, Curran, "said the Town has little other land to
press into this or any other productive use, and these costs are incumbent to using this land.
Ms. Curran discussed funding, stating that only $250,000 is currently appropriated for the
project, although this money was to have come from sources that did not materialize. It was
originally believed that the City of Belvedere would provide an up-front capital contribution, but
it will instead provide $30,000 per year with a capped CPI adjustment for so long as the facility
is used for BUR purposes. Additionally, the Town would realize modest savings from
elimination of the storage container at Town Hall and currently held parking passes, for an initial
annual net benefit of roughly $33,000.
Ms. Curran stated that because site work is a critical component of any use of this site, staff has
looked carefully at alternatives to shrink the building. She stated that doing so does little to alter
the cost and amount of site work needed, but potentially decreases the amount of utility in a very
significant way. Staff recommends putting the project out to bid, with an array of possible
alternatives and anticipated the project would return at the Council's June 1, 2011 meeting for
consideration regarding the award of bid. She said the Council should be mindful of the notion
that it will have to determine at that time whether to select from among the submitted bids,
modify the project further, or eliminate the project altogether.
Councilmember Fredericks requested more information on the project alternatives. Following the
Town Manager's explanation of bid scenarios, she asked if the project could be reduced in a way
that would concurrently reduce the amount of site preparation needed. Specifically, she said
trimming the project to meet only the needs of the afterschool program would reduce the square
footage and number of parking spaces required, which might also reduce the level of site work
needed.
Public Works Director Nguyen said this is possible, although not in a way that would support the
programmatic activities that were envisioned for the site and factored into the CEQA document.
He said the bids would not include such a scenario, but the Council could decide at that time to
reject all bids and return to the drawing board to tweak the overall program further. He noted the
smaller project involving only replacement of the lost space the BTJR currently occupies was
never fully engineered. While a considerable amount of the information learned thus far could be
used to that end, he estimated another $20,000 to engineer the project for bidding purposes. He
estimated that reducing the project scope in that way would reduce costs 25% to 30%.
Ms. Curran said the general feeling of staff and the subcommittee was that the site should be
used to the greatest possible advantage, given the costs associated with its preparation. The
advantage envisioned by staff, and heretofore the Council, is the opportunity to transcend the
afterschool program and provide BUR offices, community space, and a de facto expansion of
Town Hall as part of the complex. The funds spent to date, while not geared towards a less
encompassing project, have proffered considerably more information than was previously _
available. And, should the Council wish to scale back to a much smaller project, they would be
well ahead of square one with respect to site engineering.
DRAFT Town Council Minutes #06-2011 March 9, 2011 Page 2
Council and staff discussed costs incurred to date. Councilmember O'Donnell noted the project's
ad hoc committee was provided with more detailed cost assumptions prepared by both the cost
estimator and civil engineer that were not made available to the Council. He also noted the cost
estimates include contingency funds, which is not necessarily reflected in the staff report.
Council and staff discussed the bid alternates further. Councilmember Fredericks asked staff to
consider an additional alternative that delays the installation of infrastructure for uses that do not
serve the primary and immediate objective. Councilmember O'Donnell said the ad hoc
committee discussed this and its findings are incorporated into the proposed project.
Vice Mayor Fraser concurred that reducing the footprint in any significant way would be a
considerable challenge. He asked staff how else they would look to reduce costs in a significant
way, for example, by approximately $100,000. The Public Works Director said staff had
considered several options, none of which produced savings on that level, and would continue to
look for opportunities. To Councilmember Frederick's suggestions, he said they would sit down
with the BUR to identify any possible potential for streamlining current programs in a way that
would facilitate reducing the site's footprint in a meaningful way.
Public Comment:
Miles Berger, architect, said the proposed building costs only $115 per square foot even at its
highest estimate, whereas to add the same amount of space to Town Hall would cost $600 per
square foot. He said the greatest cost is in site preparation no matter the building size, and the
low cost per square foot makes this a very valuable and equitable project for the entire
community. He estimated that even if cutting the project by 50% were to reduce the number of
parking spaces and site preparation needed, it would cost $20,000 to re-engineer and save only
$40,000.
Mr. Berger said the bid specifications contain a series of alternates that define performance
parameters, but allows bidders to put forth the most competitive options they can without
decreasing the utility of the building. Berger said the alternates relate to everything from interior
finishing to HVAC systems.
The Council asked questions relating to the useful life, seismic safety, and foundation
construction of prefabricated buildings. Mr. Berger stated that the useful life is technically 25
years, although experience has shown that to be much longer. He said prefabricated structures
meet the same seismic and safety standards as any other building. Regarding the foundation,
Berger explained that the bid document would specify the eventual soil condition, which bidders
could then evaluate and decide what would be the most efficient footing.
Councilmember Fredericks asked why the Town was not better prepared to identify the
difficulties associated with developing this site. Public Works Director Nguyen said staff was
aware of the general limitations of the site, but full engineering was necessary to flesh out _
exactly what preparation would be needed to take on the project. He noted the site is actually no
more complex than perhaps any other virgin "hilly" site located in Town. Mr. Berger concurred.
DRAFT Town Council Minutes #06-2011 March 9, 2011 Page 3
I/
Councilmember Collins referred to the staff report and suggested cost per square foot numbers
that are very different than those stated by Mr. Berger: Mr. Berger clarified that his quote
includes the foundation, but not site preparation. He noted that Councilmember Collins'
estimates include the parking lot, which is not typical.
Mayor Slavitz asked if any consideration was given to solar panel installation. Mr. Berger said
the performance specifications still contain a small allocation for roof runners that would allow
installation of panels at a later date, but anything more than that is not in the budget.
Mayor Slavitz closed the public comment period.
Councilmember O'Donnell said he is a great proponent of the project. Even at the high estimate
of $1.6 million, he thinks the Town will have created a tremendous asset for itself. He said he
views this project in concert with the library expansion as a "generational" opportunity to create
a true community center that will allow the Town to do more for its youth and senior population.
Councilmember Collins concurred. He stated that while the project is important to the Town for
a variety of reasons, the question of affordability still remains. He said he would support moving
forward with the project bid, which the Council could then consider in relation to the Town's
finances.
Councilmember Fredericks cited similar concerns. She said she would like 1) reassurances that
this would not diminish the Town's emergency unallocated reserves to less than 25% of the
operating budget, 2) information on replenishing the allocated reserves that would finance the
project, and 3) to know how this changes the priority of other allocated reserves. She said the
proposed project is extraordinarily attractive and incredibly functional and should be put out to
bid, although she continued to have serious concerns with the increased cost estimates.
Town Manager Curran reiterated that staff proposes returning to the Council June 1, 2011,
during the budget process, which will allow consideration of the project in that context.
Vice Mayor Fraser echoed the comments of Councilmembers Collins and O'Donnell. He said he
views this as a strategic decision for the Town; he stated that Tiburon has not built many
structures for the community in the past, yet the influx of families continues to increase. He said
the BUR is an excellent and self-funded community asset which he has every confidence in and
will be able to expand its programs in a way that makes great sense for the community. He
echoed concerns relating to cost and said he would like to see staff continue to identify savings
opportunities, but that ultimately, any money invested in children is money well spent.
Mayor Slavitz concurred with all the above comments. Slavitz said that he appreciated the vision
expressed by the Vice Mayor, and that he also supported Councilmember Fredericks' request to
look at a smaller project so that the Council, as a public agency, can say it considered all
responsible options.
DRAFT Town Council Minutes #06-2011 March 9, 2011 Page 4
J
The Council deliberated further, primarily on whether to bid the project as is or with a re-
engineered smaller project alternative. The Council ultimately concluded to proceed with bidding
the project, as currently stated.
MOTION: To authorize staff to conclude development of the bid package and bid the project.
Moved: O'Donnell, seconded by Fraser.
Vote: AYES: Unanimous
Town Manager Curran thanked everyone involved in the project for their hard work. She said
that while cost estimates are significantly higher than anticipated, staff would not have come
forward with an unfeasible project. Curran said that staff will propose delaying the Lyford
project until the Ned's Way project is completed, but she added that she thinks the Council will
ultimately be comfortable with building both projects and still maintaining appropriate reserve
fund balances.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz
adjourned the meeting at 8:47 p.m.
JEFF SLAVITZ, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT Town Council Minutes #06-2011 March 9, 2011 Page 5
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To: Mayor and Members of the Town Council
From: Administrative Services Department
Subject: Investment Summary - February 2011
Reviewed By: daj__~
To`vn Council Meeting
April 6, 2011
Agenda Item: CC-
BACKGROUND
Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town's investment activities for the period ended February 28, 2011.
ANALYSIS
Agency Investment Amount Interest Rate Maturity
Town of Tiburon
Local Agency
$17,5699306.18
0.512%
Liquid
Fund (LAIF)
CDARS (Bank
$ 2,021,766.13
0.40%
April 21, 2011
of Marin)
Housing note to
$ 8009000.00
0.513%
Based on
Town Manager
Contract
Money Market
$ 2509000.00
0.50%
Liquid
(Bank of Marin)
TRAN (Town of
$ 500,000.00
4.00 %
April 23, 2011
Fairfax)
Note to Former
$ 339003.84
5.55%
June 1, 2017
Town Employee
Total
$21,1749076.15
Redevelopment Agency
Local Agency
$19145„587,46
0.512%
Liquid
Investment
Fund (LAIF)
FINANCIAL IMPACT
No financial impact occurs by adopting the report. The Town continues to meet the priority
principles of investing - safety, liquidity and yield in this respective order.
RECOMMENDATION
Staff recommends that the Town Council:
Move to accept the February 2011 investment summary
Prepared By: Heidi Bigall, Director of Administrative Services
To:
From:
Subject:
Reviewed By:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Town Attorney
1
Town Council Meeting
April 6, 2011
Agenda Item:
Amendment to Chapter 7A of Title II of the Tiburon Municipal Code to
Increase TTBID Assessments (Ordinance - Second Reading and Adoption)
J 0 ~Pl
BACKGROUND AND ANALYSIS
The proposed ordinance would amend Chapter 7A to the Town's Municipal Code, to increase
TTBID assessments from 1% to 2% of gross revenues. The amendment also clarifies that the
Town will only use the assessments for the benefit of the entities assessed, i.e., lodging
establishments. The Town's two lodging business both support the District. On March 2, 2011,
the Council held its first hearing on the ordinance, found no majority protest, introduced the
ordinance and unanimously passed its first reading.
PROCEDURE
This is a consent calendar item. The Council's motion to adopt this item on the consent calendar
will constitute a motion to confirm the waiver of second reading from the previous meeting and
adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the
consent calendar will constitute the equivalent of a roll call vote and will be recorded within the
ordinance.
Should any Councilmember choose to vote differently on this item than other items on the
consent calendar, then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be properly recorded. Should
the Council wish to discuss the item, it must be removed from the Consent Calendar and voted
upon separately.
RECOMMENDATION
Staff recommends that the Town Council approve final adoption of Ordinance No. 525 N. S., a
draft of which is attached as Exhibit B, as part of the Consent Calendar.
,A1)il ,'x).11.
EXHIBITS
A. Staff Report of March 2, 2011 (without Exhibits)
B. Draft Ordinance Amending The Tiburon Tourism Business Improvement District
(TTBID)
Prepared by: Ann R. Danforth
To:
From:
Subject:
Reviewed By:
BACKGROUND
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Town Manager and Town Attorney
Town Council Meeting
March 2, 2011
Agenda Item:
t
►f -I
Recommendation to Pass First Reading of the Tiburon Tourism Business
Improvement District Ordinance
On January 19, 2011, the Town Council adopted Resolution No. 03-2011, declaring its intention
to modify the Tiburon Tourism Business Improvement District ("TTBID"). The amendment
would increase TTBID assessments from 1% to 2% of gross revenues by amending Chapter 7A
of the Tiburon Municipal Code. The Town would use the increased revenue to expand the
existing program to promote tour visits to the Town, thereby increasing the business opportunities
for the businesses that pay the assessments, the Town's hotels. Both existing hotels, the Lodge at
Tiburon and the Water's Edge Hotel (collectively, Hotels"), have voiced their support for the
increased assessments.
After the January 19th meeting, the Town sent a copy of the Resolution of Intention to all record
owners of the Hotels, with a written notice of the Town Council's pending public informational
meeting and public hearing on the proposed amendment. The notice also advised the property
owners that (1) the Town would abandon the assessment process if they received written petitions
by owners that would pay 50 percent or more of the annual assessments levied; and (2) they could
make a protest against the assessment by mail to the Town Council, care of the Town Clerk.
No one spoke at the Council's February 16th informational meeting on the TTIBD. As of the date
of this writing the Town has not received any written protests or other opposition to the TTBID
assessments. Assuming that the Town does not receive adequate protests by the close of the
public hearing on the ordinance, the Town Council may pass first reading of the TTBID
ordinance. If the Council elects to proceed with forming the TTBID, the ordinance will return for
second reading and adoption on April 6, 2011.
RECOMMENDATION
Staff recommends that the Town Council conduct a public hearing on the TTBID and the
proposed new ordinance.
1. At the close of the public hearing, the Town Clerk should report on the
number of written protests received, if any.
2. If the Town Clerk has received written protests by owners that will pay 50
percent or more of the annual assessments, the Council should terminate
the TTBID process and take no further action.
3. If the Town Clerk has not received written protests by owners that will pay
50 percent or more of the annual assessments, the Council should consider
whether it wishes to proceed with forming the TTBID.
4. If it finds in the affirmative, the Council should by motion, read the
ordinance by title only; and pass first reading of the ordinance by roll call
vote.
EXHIBITS
A. Staff Report of January 19, 2011 (without Exhibits)
B. Resolution of Intention, Resolution No. 03-2011
C. Draft Ordinance Amending The Tiburon Tourism Business Improvement District
(TTBID)
Prepared by: Ann R. Danforth
ORDINANCE NO. 525 N.S. J
AN ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AMENDING THE
TIBURON TOURISM BUSINESS IMPROVEMENT
DISTRICT (TTBID)IN THE TOWN OF TIBURON
WHEREAS, on September 5, 2007, the Town Council of the Town of Tiburon adopted
Ordinance No. 498 N.S. (the "Ordinance") entitled "An Ordinance of the Town Council of the
Town of Tiburon Establishing the Tiburon Tourism business Improvement District (TTBID) in
the Town of Tiburon," thereby forming a Parking and Business Improvement Area known as the
Tiburon Tourism Business Improvement District (TTBID) to levy a benefit assessment on
lodging establishments with the TTBID ("Beneficiaries"); and
WHEREAS, on January 1, 2008, the Town entered into a contract with the Marin
Convention Visitors Bureau ("MCVB"), wherein, among other things, the Town agreed to
collect the assessments from lodging establishments within the TTBID, disburse the proceeds to
the MCVB and authorize supplemental assessments and/or adjusted assessments and MCVB
agreed to provide, manage and administer projects and programs designed to improve business
opportunities for the Beneficiaries by promoting tourism ("TTBID Services"); and
WHEREAS, the Beneficiaries and the MCVB have asked the Town to modify the
Ordinance to increase the TTBID assessments from one percent (1%) to two percent (2%), the
increase assessments to be used to enable the MCVB to expand the TTBID Services; and
WHEREAS, on January 19, 2011, the Town Council adopted Resolution No. 03-2011,
entitled A Resolution of the Tiburon Town Council Declaring its Intention to Modify the
Tiburon Tourism Business Improvement District (TTBID), Fixing the Time and Place of a
Public Meeting and a Public Hearing and Giving Notice Thereof, to modify the Ordinance as set
forth here, which Resolution has been duly mailed and published as required by Section 36523 of
the California Streets and Highways Code; and
WHEREAS, as specified in Resolution No. 03-2011, the Town Council held a public
meeting on February 16, 2011, to hear testimony regarding the proposed amendment to the
Ordinance, during which meeting, no one spoke in opposition to the proposal; and
WHEREAS, on March 2, 2011, as specified in Resolution No. 03-2011, the Tiburon
Town Council held a public hearing concerning the formation of the district on March 2, 2011 at
7:30 p.m., in the Council Chambers at 1505 Tiburon Boulevard, Tiburon, California; and
WHEREAS, at the hearing, the Council considered and duly overruled and denied all
protests, both written and oral, made or filed, and determined that there was no majority protest
within the meaning of Section 36523 of the Law; and
WHEREAS, the Town has not received protests in writing from businesses in the
proposed TTBID paying fifty percent or more of the proposed assessment; and
Page 1 of 4
WHEREAS, the Council finds that only businesses that benefit from tourist visits will be
assessed and that the lodging establishments within the TTBID will benefit by the expenditure of
the funds raised and the assessment levied hereby, in the manner prescribed herein; and
WHEREAS, the levy of assessment on the lodging establishments will fund the TTBID
Services for the special benefit of lodging establishments in the district. The revenue from the
levy of assessments shall not be used to provide programs outside the district or for any purpose
other than the purposes specified herein and in the Resolution of Intention; and
WHEREAS, the assessments levied on businesses pursuant to this Ordinance shall, to the
maximum extent feasible, be levied on the basis of the estimated benefit to the businesses within
the TTBID.
NOW THEREFORE, THE COUNCIL OF THE TOWN OF TIBURON HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Chapter 7A of Title II of the Tiburon Municipal Code is hereby amended
to read as follows:
Section 7A-1 Purpose. The purpose of this chapter is to establish the Tiburon Tourism
Business Improvement District.
Section 7A -2 Establishment of the District. Pursuant to the Act, a business improvement district
area is designated as the "Tiburon Tourism Business Improvement District" (TTBID) is hereby
created and established. The TTBID's boundaries shall be the Town's incorporated limits.
Section 7A -3 Amendments. All lodging establishments within the boundaries of the district
established by this Ordinance shall be subject to any amendments of the Parking and Business
Improvement Area Law of 1989, codified as California Streets and Highways Code Sections
36500 through 35551, inclusive.
Section 7A -4 Assessment. The assessment is proposed to be levied on all lodging
establishments, existing and future, within the TTBID based upon 2% of gross room rental
revenue. The TTBID projected annual assessment revenues in year one total approximately
$80,000. An assessment based on percentage will result in revenues that rise and fall in reflection
of greater and lesser business in an overall up or down tourism market and world economy.
Section 7A-5 Protests of Formation. All protests, both written and oral, are overruled and denied
and the Town Council finds that there is not a majority protest within the meaning of Section
36523 of the Act.
Section 7A-6 Annual Review of Assessments. All of the assessments imposed pursuant to this
Ordinance shall be reviewed by the Council annually, based upon the annual reports prepared by
the Advisory Board appointed pursuant to Sections 36530 and 36533 of the California Streets and
Highways Code.
Section 7A-7 Use of Assessments. No portion of the revenues from the assessments within the
district shall be used to provide improvements outside of the district for any purpose other than
Page 2 of 4
for the purposes of the expenses, services, activities and programs specified in the Resolution of
Intention to form the district, or as modified by the Town Council pursuant to compliance with
Sections 36534 and 36535 of the California Streets and Highways Code. Expenses services,
activities and programs paid for with the 1 % increase approved in April of 2011 shall provide a
direct and specific benefit to the payors that is not provided to those not charged. The direct and
specific benefit to payors will be increase sales of room nights provided through programs
designed to directly benefit payors. To generate additional room night sales, payors will be
featured on TTBID-funded websites and mobile applications, provided sales leads by TTBID
funded FAM tours sales missions, featured in TTBID-funded collateral materials, including
brochures and featured in other TTBID-funded programs specifically designed to increase room
night sales. Those not charged shall not be included in any of these activities nor shall they
receive the benefit of additional room nights. Notwithstanding the foregoing, the Town may
retain up to 1% of the annual revenues from the assessments to recoup the Town's administrative
costs.
Section 7A -8 Imposition of Assessment. The assessment imposed by this Ordinance is levied
upon the lodging establishments within the district, and the operator of each lodging
establishment shall be solely responsible for paying all assessments when due. Notwithstanding
the foregoing, in the event that the operator of a lodging establishment elects to pass on some or
all of the assessment to customers of the lodging establishment, the operator of the establishment
shall separately identify or itemize the assessment on any document provided to a customer.
Assessments levied on the operators of lodging establishments pursuant to this Ordinance and
passed on to customers are not part of a lodging establishment's gross receipts or gross revenues
for any purpose, including the calculation of sales or use tax, transient occupancy tax, or income
pursuant to any lease. However, assessments that are passed on to customers shall be included in
gross receipts for purposes of income and franchise taxes.
SECTION 2 SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held
by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the
remaining portions of this chapter. The Town Council declares that it would have passed this
chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact
that any one or more section, sentences, clauses or phrases be declared invalid.
SECTION 3
EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty days after the date of passage. At
least five days prior to its adoption and within fifteen days after its adoption, a summary of this
Ordinance, the latter summary to include the names of those Town Council members voting for
and against the Ordinance, shall be published once in a newspaper of general circulation printed
and published in the County of Marin and circulated in the Town of Tiburon. At the time of the
publication of each summary, the Town shall post in the Office of the Town Clerk a copy of the
full text of this Ordinance in compliance with Government Code Section 39633(c)(1).
Page 3 of 4
THE FOREGOING ORDINANCE was introduced at-a regular meeting of the Tiburon
Town Council on the 2nd day of March, 2011, and was adopted at a regular meeting of the
Tiburon Town Council on the April 6, 2011, by the following vote:
AYES : COUNCILMEMBERS :
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Page 4 of 4
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Administrative Services Department
1
Town Council Meeting
April 6, 2011
Agenda Item: CL -
Recommendation to Accept and File the FY 2009/10 Basic Financial
Statements and Independent Auditor's. Report
The Town's independent auditor, Marcello & Company Certified Public Accounts, conducted the
annual audit of the Town's financial statements for the fiscal year ended June 30, 2010. The
audit was performed in accordance with generally accepted auditing standards. These standards
require that they plan and perform the audit to obtain reasonable assurance as to whether the
financial statements are free of material misstatement. The independent audit involved
examining, on a test basis, evidence supporting amounts and disclosures in the financial
statements; assessing the accounting principles used and significant estimates made by
managements; and evaluating the overall financial statement presentation.
ANALYSIS
Attached are the audited financial statements for the Town of Tiburon for the fiscal year ended
June 30, 2010. The Town's Basic Financial Statements provide a comprehensive presentation of
the financial results of the Town as a whole. The results of the Town's financial activities are
presented in the Government-Wide State of Net Assets (pages 12). Net assets are a good
indicator of the Town's financial position. The Town ended FY 2010 with approximately $53.2
million in net assets, an increase of $110,000 over the previous fiscal year. The Government-
wide Statement of Activities (page 13) is the equivalent to the private sector Income Statement.
This statement provides detailed accounting of the Town increase in net assets.
Supplementary explanatory information is provided with the Management's Discussion and
Analysis (MD&A) beginning on page 3. The MD&A provides key highlights and a summary
view of performance of financial activities for the year ended June 30, 2010.
The auditors have issued a report that includes required communications concerning their
responsibility under generally accepted accounting standards, significant changes in accounting
policies and unusual transactions, management judgments and accounting estimates, significant
audit adjustments, and other issues related to performance of the audit. In the area of accounting
practices and internal controls, there are no findings as to material weaknesses.
TOWN OF TIBURON PAGE 1 OF 2
~i
FINANCIAL IMPACT
There is no fiscal impact to the Town by having the Councit accept this financial audit report.
RECOMMENDATION
Staff recommends that the Town Council:
Move to accept the Fiscal Year 2009-10 annual financial audit as prepared by Marcello &
Company, C.P.A.'s.
Exhibits: Report and General Purpose Financial Statements of the Town of Tiburon for Fiscal
Year ended June 30, 2010
Prepared By: Heidi Bigall, Director of Administrative Services
TOWN OF TIBURON
California
Annual Financial Report
June 30, 2010
Town Council
Richard Collins
Mayor
Jeff Slavitz
Vice Mayor
Alice Fredericks
Member
Jim Fraser
Member
Emmett O'Donnell
Member
Appointed Officials
Town Manager
Margaret Curran
Town Treasurer
William Osher
Town Attorney
Ann R. Danforth
TABLE OF CONTENTS
INDEPENDENT AUDITOR'S REPORT 2
MANAGEMENT'S DISCUSSION AND ANALYSIS
Required Supplementary Information, as prepared by management 3-11
GOVERNMENT-WIDE FINANCIAL STATEMENTS
Statement of Net Assets 12
Statement of Activities 13
FUND FINANCIAL STATEMENTS
Balance Sheet - Governmental Funds 14
Reconciliation of the Governmental Funds Balance Sheet
to the Statement of Net Assets 15
Statement of Revenue, Expenditures, and Change
in Fund Balances - Governmental Funds 16
Reconciliation of the. Statement of Revenue, Expenditures, and Change
in Fund Balances of Governmental Funds to the Statement of Activities 17
Statement of Fiduciary Assets and Liabilities - Agency Funds 18
NOTES TO FINANCIAL STATEMENTS .................................................................................19-34
REQUIRED SUPPLEMENTARY INFORMATION
Schedule of Funding Progress - Defined Benefit Pension Plan 35
Note to Required Supplementary Information - Budgetary Comparison Information............ 36
Budgetary Comparison Information 37
OTHER SUPPLEMENTARY INFORMATION
Combining Balance Sheets and Combining Statements of Revenue,
Expenditures, and Change in Fund Balances 38-43
1
MARCELLO & COMPANY
CERTIFIED PUBLIC ACCOUNTANTS
2701 Cottage Way, Suite 30 / Sacramento, California 95825 / 916.979.9079
INDEPENDENT AUDITOR'S REPORT
Honorable Mayor
Members of the Town Council
Town of Tiburon, California
We have audited the accompanying financial statements of the governmental activities, each major fund, and
the aggregate remaining fund information of the Town of Tiburon, California, as of and for the year ended
June 30, 2010, which collectively comprise the Town's basic financial statements as listed in the table of
contents. These financial statements are the responsibility of the Town's management. Our responsibility is
to express an opinion on these financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United States of
America. Those standards require that we plan and perform the audit to obtain reasonable assurance about
whether the financial statements are free of material misstatement. An audit includes examining, on a test
basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by management, as well as
evaluating the overall financial statement presentation. We believe that our audit provides a reasonable
basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the financial
position of the governmental activities, each major fund, and the aggregate remaining fund information of the
Town of Tiburon, as of June 30, 2010, and the respective changes in financial position for the year then
ended in conformity with accounting principles generally accepted in the United States of America.
The management's discussion and analysis on pages 3 through 11, schedule of funding progress and
budgetary comparison information on pages 35 through 37, are not a required part of the basic financial
statements but are supplementary information required by accounting principles generally accepted in the
United States of America. We have applied certain limited procedures, which consisted principally of
inquiries of management regarding the methods of measurement and presentation of the required
supplementary information. However, we did not audit the information and express no opinion on it.
Our audit was conducted for the purpose of forming an opinion on the financial statements that collectively
comprise the Town of Tiburon's basic financial statements. The combining and individual nonmajor fund
financial statements are presented for purposes of additional analysis and are not a required part of the basic
financial statements. The combining and individual nonmajor fund financial statements have been subjected
to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, are fairly
stated in all material respects in relation to the basic financial statements taken as a whole.
Certified Public Accountants
Sacramento, California
September 24, 2010
2
Town of Tiburon
Management's Discussion and Analysis
As management of the Town of Tiburon, we offer readers of these financial statements this
narrative overview and analysis of the financial activities of the Town for the fiscal year
ended June 30, 2010 (FY 2010). We encourage readers to consider the information
presented here in conjunction with the Town's financial statements, which follow this
discussion and analysis.
OVERVIEW OF THE BASIC FINANCIAL STATEMENTS
This discussion and analysis is intended to serve as an introduction to the Town's basic
financial statements, which consist of three components:
1) Government-wide financial statements
2) Fund Financial statements
3) Notes to the basic financial statements
This report also contains required and other supplementary information in addition to the
basic financial statements.
Government-wide Financial Statements
The Government-wide Financial Statements consist of the Statement of Net Assets and the
Statement of Activities. These statements are designed to provide readers with a broad
overview of the Town's finances in a manner similar to a private-sector business. They
provide information about the activities of the Town as a whole and present a longer-term
view of the Town's finances.
The Statement of Net Assets presents information on all of the Town's assets and
liabilities, with the difference between the two reported as net assets. Over time, increases
or decreases in net assets may serve as a useful indicator of whether the financial position
of the Town is improving or deteriorating.
The Statement of Activities presents information showing how the Town's net assets
changed during the most recent fiscal year. All changes in net assets are reported as soon
as the underlying event giving rise to the change occurs, regardless of the timing of related
cash flows. Thus, some of the revenues and expenses reported in this statement may result
in cash flows only in future fiscal periods, such as revenues related to uncollected taxes
and interest expense incurred but not paid.
Fund Financial Statements
A fund is a grouping of related accounts that is used to maintain control over resources that
have been segregated for specific activities or objectives. The Town, like other
governmental entities, uses fund accounting to ensure and demonstrate compliance with
finance-related legal requirements. Funds of governmental entities are divided into three
categories:
1) Governmental Funds
3
Town of Tiburon
Management's Discussion and Analysis
FINANCIAL HIGHLIGHTS
Government-wide Financial Statement Highlights
➢ The Government-wide Statement of Net Assets shows that the Town's assets
exceeded liabilities by $53 million (net assets). Of this amount, $16 million was
unrestricted net assets and may be used to meet the Town's ongoing obligations to
the citizens and creditors of the Town.
➢ The Town's net assets increased by $110,205 over the previous fiscal year (FY
2009). The table on Page 6 of this Management Discussion and Analysis provides
year-over-year detail and explanation of the factors attributing to this increase.
➢ The Town's capital assets, net of depreciation, totaled $36.5 million at June 30,
2010, representing 67 percent of the Town's total assets. Net capital assets
increased $763,686 from FY 2009. This increase is primarily due to the Town's
investment in capital infrastructure projects.
➢ The Town's cash and investments totaled $16 million, representing 29 percent of
total assets. This is a decrease of $536,679 over FY 2009.
➢ The Town's long-term debt obligation consists solely of compensated absences and
increased by $2,577 during FY 2010 to $471,205.
Fund Financial Statement Highlights
➢ The Town's Governmental Fund revenue was $9.1 million compared with expenses
of $9.7 million, resulting in a decrease in total fund balance of $650,904, or 3.7
percent. A year-over-year comparison is presented on page 10 of this report.
➢ At the end of FY 20105 the combined fund balance of the General Fund and its
Reserves was $10.4 million, a decrease of $403,501 or 3.7 percent. Of this
balance, $3.2 million was unreserved and undesignated. The remaining $7.2
million was in designated reserves, some of which are as follows:
• $1,370,965- Streets & Drainage Reserve
• $23161,383 New Public Works Corporation Yard Reserve
• $4479033 Town Infrastructure and Facility Reserve -
• $4405484 Park Development Reserve
5
f/
Town of Tiburon
Management's Discussion and Analysis
General Government Functions:
A condensed presentation of the Town's Governmental Activities is presented in the
following table:
June 30
Revenue
Charge for services
General revenue
Total revenue
2010
2009
Amount Percent
Change Change
$ 2,311,346 $ 2,826,018 $ (514,672) -18.2%
6,743,637 6,822,192 (78,555) -1.2%
9,054,983 9,648,210 (593,227) -6.1%
Expenses
General government
3,440,322
4,569,246
(1,128,924)
-24.7%
Public safety
2,821,652
2,909,982
(88,330)
-3.0%
Public works
1,094,924
1,419,943
(325,019)
-22.9%
Capital Improvement Projects
1,587,880
756,257
831,623
110.0%
Total expenses
8,944,778
9,655,428
(710,650)
-7.4%
Change in Net Assets
110,205
(7,218)
117,423
-1626.8%
Net Assets - beginning
53,078,592
53,085,810
(7,218)
0.0%
Net Assets - end of year
$ 53,188,797
$ 53,078,592
$ 110,205
0.2%
• Charge for services revenue decreased primarily due to a decline in
planning and building related fees.
• Investment earning decreased due to interest rate declines.
• Total expenses decreased primarily due to the economic slowdown and
related reduction in planning and building expenses
FINANCIAL ANALYSIS OF THE GENERAL FUND
The general fund (no. 101) is the main operating fund of the Town. During FY 2010, the
Town received general fund operating revenues of $7,334,969, which represents a decrease
of $679,119 over the previous fiscal year.
The two-year comparison chart below illustrates the revenue categories by revenue source.
7
Town of Tiburon
Management's Discussion and Analysis
Two-Year Comparison of General Fund Expenditures
June 30
Expenditures
General administration
Community development
Public safety
Public works
Town council & commissions
Non-departmental
Capital improvement projects
2010 2009
$ 2,103, 275 $ 1,514,382
973,306
986,329
2,667,493
2,686,470
1,190,724
1,116,413
32,211
30,189
513,055
529,702
10,050
41,146
7,490,114
6,904,631
Excess of Revenue over
Amount Percent
Change Change
$ 588,893
38.9%
(13,023)
-1.3%
(18,977)
-0.7%
74,311
6.7%
2,022
6.7%
(16,647)
-3.1%
(31,096)
-75.6%
585,483
8.5%
(under) Expenditures $ (155,145) $ 1,191,749 $ (1,346,894) -113.0%
• Because of the nature of public safety, being a 24/7 operation, it represents 35.6
percent of all general fund expenditures. During the current fiscal year, general
administration accounted for 28.1 percent.
• As the legal settlement mentioned above is accounted for in the general
administration department, if it were removed, this function would account for 21.4
percent of expenses (public safety would increase to 38.9 percent.). The latter
percentages are historically consistent with general fund expenditures.
Analysis of Governmental Funds
The following schedule presents a two-year comparison of the Town's
Governmental Funds revenues and expenditures for FY 2009 and 2010 and the
amount of increase or decrease.
9
Town of Tiburon
Management's Discussion and Analysis
The Town continues to have a healthy long-term financial position. The citizens of the
Town are fortunate that they are able to enjoy the same level of service they have received
during prosperous financial times, and that vital Town infrastructure continues to be
maintained and improved. The short-term outlook may present additional financial
challenges as the national, state, and local economies begin to recover from a deep and
lengthy downturn. Staff continues to closely monitor its revenue sources and expenses.
As noted in last year's Management Discussion and Analysis, the next financial issue the
Town will face will be increased pension costs beginning in FY 2011-12. These increases
are due to significant investment losses experienced by CalPERS in FY 2009. If general
fund revenues do not increase at a rate sufficient to cover the increased pension costs, staff
will be challenged to bring forward recommendations on how to close the gap during
budget hearings.
CONTACTING THE TOWN'S FINANICAL MANAGEMENT
This financial report is designed to provide the citizens, taxpayers, customers, investors,
and creditors of the Town of Tiburon with a general overview of the Town's finances and
to demonstrate the Town's accountability for the money it receives. If you have questions
about this report or need additional information, contact the Town of Tiburon,
Administrative Services Department, 1505 Tiburon Boulevard, Tiburon, CA 94920.
As prepared by the Town's Management
11
GOVERNMENT-WIDE FINANCIAL STATEMENTS
TOWN OF TIBURON
Government-wide Financial Statements
Statement of Net Assets
June 30, 2010
Total
Governmental
ASSETS
Activities
Cash and investments
$ 16,170,655
Interest receivable
21,817
Other receivables
213,339
Insurance deposit
86,826
Prepaid expense
31,466
Notes receivable
1,499,223
Capital assets, net
36,518,686
Total Assets 54, 542, 012
LIABILITIES
Accounts payable
402,554
Accrued liabilities
318,801
Deposits
160,655
Compensated absences
471,205
Total Liabilities
1,353,215
NET ASSETS
Invested in capital assets 36,518,686
Unrestricted 16,670,111
Total Net Assets $ 53,188,797
The accompanying notes are an integral part of these financial statements
12
FUND FINANCIAL STATEMENTS
TOWN OF TIBURON
Balance Sheet
Governmental Funds
June 30, 2010
ASSETS
Cash and investments
Interest receivable
Other receivables
Insurance deposit
Prepaid expense
Notes receivable
Total Assets
LIABILITIES
Accounts payable
Accrued liabilities
Deposits
Total Liabilities
FUND BALANCES
Reserved for:
Long term receivables
Unreserved, reported in:
General fund
Special revenue funds
Capital projects funds
Total Fund Balances
Total Liabilities and
Fund Balances
Other Governmental Funds Total
General
Special
Capital
Governmental
Fund
Revenue
Projects
Funds
$ 10,171, 945
$ 1,832,783
$ 4,165, 981
$ 16,170, 709
-
2,041
19,776
21,817
179,218
34,067
-
213,285
86,826
-
-
86,826
31,466
-
-
31,466
800,000
663,411
35,812
1,499,223
$ 11,269,455
$ 2,532,302
$ 4,221,569
$ 18,023,326
$ 302,425
318,801
152,430
773,656
$ 47,280 $ 52,849
- 8,225
47,280 61,074
$ 402,554
318,801
160,655
882,010
800,000 663,411 35,812 1,499,223
9,695,799 - - 9,695,799
- 1,821,611 - 1,821,611
- - 4,124,683 4,124,683
10,495,799 2,485,022 4,160,495 17,141,316
$ 11,269,455 $ 2,532,302 $ 4,221,569 $ 18,023,326
The accompanying notes are an integral part of these financial statements
14
TOWN OF TIBURON
Statement of Revenue, Expenditures, and Change in Fund Balances
Governmental Funds
Year Ended June 30, 2010
REVENUE
Property taxes
Other taxes
Franchise fees
Fines and forfeitures
Investment earnings
Intergovernmental and agency
Licenses and permits
Charges for services
Other revenue
Total Revenue
General
Fund
Other Governmental Funds
Special Capital
Revenue Projects
Total
Governmental
Funds
$ 4,205,295 $
- $
- $
4,205,295
970,991
340,725
-
1,311,716
410,133
-
-
410,133
96,707
-
-
96,707
89,024
14,498
25,385
128,907
329,552
116,544
525
446,621
892,805
-
-
892,805
405,355
-
650,045
1,055,400
425,668
-
81,731
507,399
7,825,530
471,767
757,686
9,054,983
EXPENDITURES
Current -
Town administration
2,122,322
2,500
56,474
2,181,296
Community development
1,066,568
-
214,864
1,281,432
Public safety
2,771,806
125,957
-
2,897,763
Public works
1,192,988
16,102
-
1,209,090
Legislative boards/commissions
32,212
-
3,159
35,371
Non-departmental
513,055
-
-
513,055
Capital improvement projects
530,080
749,662
308,138
1,587,880
Total Expenditures
8,229,031
894,221
582,635
9,705,887
Excess (Deficiency) of Revenue
Over (Under) Expenditures
(403,501) (422,454)
OTHER FINANCING SOURCES
Operating transfers in 1,305,400
Operating transfers (out) (1,305,400)
Total Other Financing Sources -
175,051 (650, 904)
1,305,400
(1,305,400)
Change in Fund Balances
(403,501)
(422,454)
175,051
(650,904)
Fund Balances - beginning
10,899,300
2,907,476
3,985,444
17,792,220
Fund Balances - end of year
$ 10,495,799
$ 2,485,022
$ 4,160,495
$ 17,141,316
The accompanying notes are an integral part of these financial statements
16
TOWN OF TIBURON
Statement of Fiduciary Assets and Liabilities
Agency Funds
June 30, 2010
Tiburon
Public
Facilities
Del Mar
Stewart
Lyford
Other
Peninsula
Total
Financing
Valley
Drive
Cove
Assessment
Library
Agency
Authority
A/D
A/D
A/D
Districts
JPA
Funds
ASSETS
Cash and investments
$ 27,429
$
3,890,866
$
79,485
$
1,123,647
$ 215,571
$
5,468
$ 5,342,466
Cash held by trustee
194,736
101,561
103,868
137,099
24,427
-
561,691
Receivables:
Special assessments
-
-
1,195,000
-
284,000
-
1,479,000
Other receivables
38
4,079
1,741
7,436
1,622
6,520
21,436
Total Assets
$ 222,203
$
3,996,506
$
1,380,094
$
1,268,182
$ 525,620
$
11,988
$ 7,404,593
LIABILITIES
Accounts payable
$ -
$
-
$
-
$
22,063
$ -
$
11,991
$ 34,054
Special assessment
commitments
-
-
1,195,000
11,910
284,000
-
1,490,910
Held in trust
222,203
3,996,506
185,094
1,234,209
241,620
(3)
5,879,629
Total Liabilities
$ 222,203
$
3,996,506
$
1,380,094
$
1,268,182
$ 525,620
$
11,988
$ 7,404,593
The accompanying notes are an integral part of these financial statements
18
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2010
The notes to the financial statements include a summary of significant accounting policies and other notes
considered essential to fully disclose and fairly present the transactions and financial position of the Town as
follows:
Note 1 - Defining the Financial Reporting Entity
Note 2 - Summary of Significant Accounting Policies
Note 3 - Stewardship, Compliance and Accountability
Note 4 - Cash and Investments
Note 5 - Notes Receivable
Note 6 - Capital Assets
Note 7 - Long Term Obligations
Note 8 - Special Assessment District Bond Obligations
Note 9 - Interfund Transfers
Note 10 - Defined Benefit Pension Plan
Note 11 - Postemployment Benefits Other Than Pensions
Note 12 - Commitments and Contingencies
Note 13 - Risk Management
Note 14 - Subsequent Events
Note 15 - New Pronouncements
19
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2010 _
Note 2 - Summary of Significant Accounting Polices
The Financial Statement presentation, required by GASB Statements 34, 37, and 38 provides a
comprehensive, entity-wide perspective of the Town's assets, liabilities, and replaces the fund-group
perspective previously required. The Town now follows the "primary government's governmental
activities" reporting requirements of GASB No. 34 that provides a comprehensive one-line look at the
Town's financial activities.
B. Government-wide and Fund Financial Statements
The government-wide financial statement reports information on all of the non-fiduciary activities of the
primary government. For the most part, the effect of interfund activity has been removed from these
statements. Governmental activities, which normally are supported by taxes and intergovernmental
revenues, are reported separately from business-type activities, which rely to a significant extent on fees
and charges for support.
The statement of activities demonstrates the degree to which the direct expenses of a given function or
segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a
specific function or segment. Program revenues include (1) charges to customers or applicants who
purchase, use, or directly benefit from goods, services, or privileges provided by a given function or
segment and (2) grants and contributors that are restricted to meeting the operational or capital
requirements of a particular function or segment taxes, and other items not properly included among
program revenues, are reported instead as general revenues.
The accounts of the Town are organized on the basis of funds. The operations of each fund are
accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund
equity, revenues, and expenditures or expenses, as appropriate. Government resources are allocated to,
and accounted for, in individual funds based upon the purposes for which they are to be spent and the
means by which spending activities are controlled.
In the fund financial statements in this report, the various funds are grouped into six generic funds within
three broad fund types. They are as follows:
Governmental Funds
The General Fund is the general operating fund of the Town. It is used to account for all financial
resources except those required to be accounted for in another fund.
Fund Accountin
Special Revenue Funds are used to account for the proceeds of specific revenue sources (other than
special assessments, expendable trusts or major capital projects) that are legally restricted to
expenditures for specific purposes. Capital Projects Funds are used to account for revenues and
expenditures restricted to the acquisition or construction of major capital facilities (other than those
financed by Proprietary or Trust funds). Debt Service Funds are used to account for the accumulation of
resources for, and the payment of, governmental fund long-term debt, both principal and interest.
21
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2010
Note 2 - Summary of Significant Accounting Policies
E. Use of Estimates
Financial statement preparation in conformity with accounting principles generally accepted in the United
States of America requires the use of estimates and assumptions that affect the reported amounts of
assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial
statements and the reported amounts of revenues and expenditures/expenses during the reporting
period. Actual results could differ from those estimates.
F. Receivables and Payables
Property, sales, and use taxes related to the current fiscal year are accrued as revenue and accounts
receivable and considered available if received within 60 days of year end. Federal and State grants are
considered receivable and accrued as revenue when reimbursable costs are incurred under the accrual
basis of accounting in the government-wide statement of net assets. The amount recognized as revenue
under the modified accrual basis of accounting is limited to the amount that is deemed measurable and
available. The Town considers these taxes available if they are received during the period when
settlement of prior fiscal year accounts payable and payroll charges normally occur. Grants, entitlements
or shared revenues are recorded as receivables and revenues in the General, Special Revenue and
Capital Projects Funds when they are received or susceptible to accrual.
Balances representing lending/borrowing transactions between funds outstanding at the end of the fiscal
year are reported as either "due to/due from other funds" (amounts due within one year), "advances
to/from other funds" (non-current portions of interfund lending/borrowing transactions), or "loans to/from
other funds" (long-term lending/borrowing transactions as evidenced by loan agreements). Advances and
loans to other funds are offset by a fund balance reserve in applicable Governmental Funds to indicate
they are not available for appropriation, and are not expendable available financial resources.
G. Allowance for Doubtful Accounts
Management has elected to record bad debts using the direct write-off method. Accounting principles
generally accepted in the United States of America require that the allowance method be used to reflect
bad debts. However, the effect of the use of the direct write-off method is not materially different from the
results that would have been obtained had the allowance method been followed.
H. Property Taxes
Property taxes - Article XIII of the California Constitution (Proposition 13) limits ad valorem taxes on real
property to one percent of value plus taxes necessary to pay indebtedness approved by voters prior to
July 1, 1978. The Article also established the 1975/76 assessed valuation as the base and limits annual
increases to the cost of living, not to exceed two percent, for each year thereafter. Property may also be
reassessed to full market value after a sale, transfer of ownership, or completion of new construction.
The State is prohibited under the Article from imposing new ad valorem, sales, or transaction taxes on
real property. Local government may impose special taxes (except on real property) with the approval of
66.67% of the qualified electors.
All property taxes are collected and allocated by the County of Marin to the various taxing entities.
Property taxes are determined annually as of January 1 and attach as an enforceable lien on real property
as of July 1. Taxes are due November 1 and February 1, and are delinquent if not paid by December 10
and April 10, respectively.
23
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2010 _
Note 3 - Stewardship, Compliance and Accountability
The combining balance sheets, and revenue and expenditure statements, are included in the Other
Supplementary Information section of this report.
Budgetary Information
The Town follows these procedures annually in establishing the budgetary data reflected in the financial
statements:
1. The Town Manager submits to the Town Council a proposed draft budget for the fiscal year commencing
the following July 1. The budget includes proposed expenditures and the means of financing them.
2. The Town Council reviews the proposed budget at special scheduled sessions which are open to the
public. The Council also conducts a public hearing on the proposed budget to obtain comments from
interested persons.
3. Prior to July 1, the budget is adopted through the passage of a resolution.
4. From the effective date of the budget, which is adopted and controlled at the department level, the
amounts stated therein as proposed expenditures become appropriations to the various Town
departments. The Town Council may amend the budget by resolution during the fiscal year. The Town
Manager may authorize transfers from one object or purpose to another within the same department, and
between departments within the General Fund. All appropriations lapse at year end.
Economic Dependency
In fiscal year 2009-10 the Town received 46% of it total revenue from one source, property taxes. Any
reduction in assessed property values or reductions in the Town's property tax share due to the State's
budget crisis could have serious consequences to the Town's operating budget.
Note 4 - Cash and Investments
Cash and investments are classified in the accompanying financial statements as follows:
Statement of Net Assets:
Cash and investments $ 16,170,709
Statement of Fiduciary Net Assets:
Cash and investments 5,342,466
Cash investments with fiscal agent 561.691
Total $ 22,074.866
Cash and investments are comprised of the following:
Deposits with financial institutions:
• Money market mutual funds $ 250,000
• Checking accounts (12,027)
Investment in Local Agency Investment Fund (LAIF) 16,997,873
Investment in US Treasuries 298,604
Investment in Certificates of Deposit (CDARS) 4,540,416
Total $ 22,074,866
25
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2010
Note 4 - Cash and Investments (concluded)
The custodial credit risk for investments is the risk that, in the event of the failure of the counterparty (e.g.,
broker-dealer) to a transaction, a government will not be able to recover the value of its investment or
collateral securities that are in the possession of another party. The California Government Code and the
Town's investment policy do not contain legal or policy requirements that would limit the exposure to custodial
credit risk for investments. With respect to investments, custodial credit risk generally applies only to direct
investments in marketable securities. Custodial credit risk does not apply to a local government's indirect
investment in securities through the use of mutual funds or government investment pools (such as LAIF).
Note 5 - Notes Receivable
Notes receivable consist of the following as of June 30, 2010:
Developer (Cecilia Place Senior Housing) $ 663,411
Current Employee 800,000
Former Employee 35,812
$ 1,499,223
Developer (Cecilia Place Senior Housing)
At June 30, 2010 the Tiburon Redevelopment Agency (the Agency), a component unit of the Town of
Tiburon, owned $663,411 in notes receivable due from Cecilia Place Homes LP, a California limited
partnership (the "Developer"). The two notes are secured by a Deed of Trust, bearing annual interest as
defined below, and are due on March 31, 2027, as follows:
Note Receivable from Developer:
note one - bears interest at 3% per annum $ 439,149
note two - interest free 224,262
$ 663,411
In 1997, the Ecumenical Association for Housing completed the Cecilia Place Senior Housing Improvement
Project. The Agency's Housing Set-Aside Fund funded a portion of the site and building construction
improvements of the project. In addition, the Agency loaned the Developer $339,149 for pre-development
and construction costs (the "Original Loan"). The Original Loan bears simple interest at 3% per annum,
commencing on March 31, 1997, and is due thirty years after that date. The Agency later modified the
Original Loan. In the First Modification to the Development, Disposition and Loan agreement ("DDLA"), the
Agency increased the Original Loan amount by $412,373 (the "Supplemental Component"), which increased
the principal amount of the loan to $751,522. The Supplemental Component was not intended to bear
interest. The Second Amendment to the DDLA amended the interest rate provisions to make $100,000 of the
Supplemental Component bear interest at 3%. This amount is recorded as a note receivable in the Tiburon
Redevelopment Agency fund.
Current Employee
In conjunction with the October 2006 employment agreement between the Town of Tiburon and the Town
Manager, the Town provided a second mortgage secured by a deed of trust on the Manager's primary
residence in the amount of $800,000. The loan is payable in monthly installments of interest only, and bears
interest at the LAIF rate, up to a maximum annual rate of 5.5%. The loan shall be fully due and payable when
(1) the property for which the loan is made is no longer the employee's primary residence, or (2) within six
months of the employee's termination of employment. At June 30, 2010 the principal outstanding on the loan
was $800,000. This amount is recorded as a note receivable in the Town's general fund.
27
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2010
Note 8 - Special Assessment District Bond Obligations (continued)
The outstanding balance of Special Assessment Districts' bond obligations at June 30, 2010 was as follows:
Tiburon Public Facilities Financing Authority 1996 Refunding Revenue Marks-Roos Bonds
Del Mar Valley Utility Underground District 1 Bonds
Stewart Drive District 2001 Bonds
Lyford Cove Utility Underground District 2005-01 Bonds
Lyford Cove Utility Underground District 2005-02 Bonds
Lyford Cove Utility Underground District 2005-Supplemental Bonds
Note 9 - Interfund Transfers
Operating Interfund transfers comprise the following:
Fund
Employee Compensated Leave
New Public Works Facility
Other Postemployment Benefits Reserve
Self Insurance Reserve
Technology Fund Reserve
Open Space Management Reserve
Streets and Drainage Reserve
General Fund No. 101
Capital Outlay Reserve
Transfers In Transfers Out
$ 100,000
700,000
150,000
50,000
55,400
50,000
200,000
$ 4,601
1,000,000
300,799
$ 1,305,400 $ 1,305,400
Note 10 - Defined Benefit Pension Plan
$78,000
$ 3,880,000
$1,195,000
$ 3,470,000
$ 173,415
$1,992,561
Plan Description
The Town of Tiburon contributes to the California Public Employees Retirement System (PERS), an agent
multiple-employer public employee defined benefit pension plan. PERS provides retirement and disability
benefits, annual cost-of-living adjustments, and death benefits to plan members and beneficiaries.
PERS acts as a common investment and administrative agent for participating public entities within the State
of California. Benefit provisions and all other requirements are established by state statute and Town
ordinance. Copies of PERS annual financial report may be obtained from their Executive Office, 400 "P"
Street, Sacramento, California 95814.
Fundinq Status and Progress
Non-safety participants are required to contribute 7% of their annual covered salary, while public safety
employees are required to contribute 9% of their annual covered salary. The Town made the contributions
required of Town employees on their behalf and for their account in FY 2009-10. Starting July 1, 2010 Town
employees started making their "employee" share of plan contributions. The Town is required to contribute at
an actuarially determined rate. The contribution requirements of plan members and the Town are established
and may be amended by PERS.
29
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2010 ,
Note 11- Postemployment Benefits Other Than Pensions (OPEB)
Plan Description
The Town provides retiree medical benefits to employees who retire from the Town at age 50 or later with at
least 5 years of service and are eligible for a CalPERS pension. Eligible retirees are entitled to the minimum
CalPERS medical benefit, which is $97 per month in year 2008. The amount is expected to increase
annually. This benefit continues for the life of the retiree and then for the life of a surviving spouse, as
applicable. In addition, retirees with 15 or more years of Town service are eligible to receive a monthly
benefit based on the monthly premium charged by CaIPERS for Kaiser Permanente medical insurance at the
single person rate, which was $471 in year 2008. The benefit amount increases with years of service, as
follows: 15-19 years of service 50%
20-24 years of service 75%
25 or more years of service 100%
The amounts are paid directly to retirees, are fixed at retirement, and do not increase in subsequent years.
The benefit amount does not decrease at age 65 even though Kaiser premiums may decrease at that age.
The benefit continues for the life of the retiree but does not continue to a surviving spouse. Retirees may
select any retiree medical plan offered by CaIPERS, including spouse or family coverage, but must incur the
cost of the premiums exceeding the above benefits.
Funding Policy
The Town is currently funding the OPEB plan on a pay-as-you-go basis, and annual contributions of
$150,000 for the past two years. Other postemployment benefits paid by the Town for the year totaled
$16,594.
Annual OPEB Cost and Net OPEB Obligation
The Town's annual OPEB cost is calculated based on the annual required contribution (ARC) of the Town, an
amount that is actuarially determined in accordance with the parameters of GASB Statement No. 45. The
ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover the normal cost each
year and amortize any unfunded actuarial liabilities (or funding excess) of the plan over a period not to
exceed thirty years. The current ARC rate is 11.8 percent of annual covered payroll. The following table
shows the components of the Town's annual OPEB cost for the year, the amount contributed to the plan, and
the changes in the Town's net OPEB obligation as of June 30, 2010.
Annual required contribution (ARC)
$
281,675
Interest on beginning OPEB liability
-
Adjustment to the ARC
-
Annual OPEB cost
$
281,675
Contributions made
(166,594)
Increase in net OPEB obligation
$
115,081
Net OPEB obligation - beginning of year
99,228
Net OPEB obligation - end of year
$
214,309
Covered payroll (active plan members)
$
3,700,000
UAAL as a percentage of covered payroll
66%
The Town's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and the net
OPEB obligation for the fiscal years ended June 30, 2009 and 2010 were as follows:
31
TOWN OF TIBURON
Notes to Financial Statements
June 30, 2010
Note 12 - Commitments and Contingencies (continued)
On November 5, 1996, California voters approved Proposition 218 which limited the ability of the state's local
governments to impose, increase, and extend taxes, assessments, and fees. This applies to all taxes,
assessments, and fees enacted or increased on or before January 1, 1995. The Town follows the required
procedures for proposing new assessments, taxes, and fees into conformity with this law.
Note 13 - Risk Management
General liability
The Town participates in the Association of Bay Area Governments (ABAG Plan), a Joint Exercise of Power
Agency. The ABAG Plan provides the Town with coverage for general liability, excess liability, public official
bond, property, and crime insurance, with various deductibles. For those liability claims below $50,000 per
occurrence, the Town is self-insured. ABAG Plan members may receive rebates when so declared by ABAG,
or in the event excess liability claims exceed available resources members may be required to make
additional contributions. The Town's contribution to the ABAG Plan for the fiscal year ended June 30, 2010
was $81,808.
The ABAG Plan is a self-insured, risk-sharing pool comprised of 31 member local agencies and cities in the
San Francisco-Oakland Metropolitan Bay Area. The governing body includes one person from each member
Town or town, with an annual election for the executive committee positions. Financial statements may be
obtained from ABAG, Post Office Box 2050, Oakland, California 94604.
Workers' compensation
The Town participates in a joint powers agreement through the Bay Cities Joint Powers Insurance Authority
(BCJPIA). The Town currently reports all of its workers' compensation related risk management activities in
its General Fund (self-insurance reserve). Claim expenditures and liabilities are reported when it is probable
that a loss has occurred and the amount of that loss can be reasonably estimated.
BCJPIA was created as a California Public Agency by an agreement between certain public agencies in the
San Francisco Bay Area to provide workers' compensation coverage. BCJPIA is governed by a Board of
Directors which is comprised of officials appointed by each member Town or town. The workers'
compensation fund is self-insured for the first $150,000 of loss per accident; excess coverage policy is
provided by an outside insurance carrier up to statutory limits.
The Town has $86,826 on deposit with its risk manager, which provides an 80% confidence level that the
Town will have enough reserves set aside to meet its workers compensation self insurance obligations.
The Town currently reports all of its risk management activities in its General Fund. Claims expenditures and
liabilities are reported when it is probable that a loss has occurred and the amount of that loss can be
reasonably estimated. During the year ended June 30, 2010, the Town paid $104,858 for current year
coverage. Financial statements may be obtained from BCJPIA, 1750 Creekside Drive, Suite 200,
Sacramento, California 95833.
Note 14 - Subsequent Events _
The management of the Town has reviewed the results of operations for the period from its year end June 30,
2010 through October 29, 2010, the date the financial statements were available to be issued, and have
determined that no adjustments are necessary to the amounts reported in the accompanying financial
statements nor have any subsequent events occurred, the nature of which would require disclosure.
33
. REQUIRED SUPPLEMENTARY INFORMATION
(unaudited)
TOWN OF TIBURON
Schedule of Funding Progress (CaIPERS cost sharing pool)
Defined Benefit Pension-Plan
Year Ended June 30, 2010
Pooled Report Format
Since the Town has less than 100 active members in each plan, it is required by CalPERS to participate
in a risk pool. The following actuary valuation reports the activity of the risk pool as a whole, and not
the specific activity of individual members such as the Town of Tiburon.
Actuarial Valuation Date - Year Ended
Miscellaneous Plan - 2% at 55 Risk Pool
June 30, 2007 June 30, 2008 June 30, 2009
Accrued Liabilities (AL)
Actuarial Value of Assets (AVA)
Unfunded Liabilities (UL)
Funded Ratio (AVA/AL)
Annual Covered Payroll
UL As a % of Payroll
Safety Plan - 3% at 55 Risk Pool
Accrued Liabilities (AL)
Actuarial Value of Assets (AVA)
Unfunded Liabilities (UL)
Funded Ratio (AVA/AL)
Annual Covered Payroll
UL As a % of Payroll
$ 2,611,746,790
$ 2,391,434,447
$ 220, 312, 343
91.6%
$ 2,780,280,768
$ 2, 547, 323, 278
$ 232,957,490
91.6%
$ 3,104,798,222
$ 2,758,511,101
$ 346,287,121
88.9%
$ 665,522,859
33.1%
$1,648,159,522
$1,422,143,105
$ 226,016,417
86.3%
$ 200,537,256
112.7%
$ 688,606,681
33.8%
$ 1,755,559,311
$1,517,609,609
$ 237,949,702
86.5%
$ 210,590,567
113.0%
$ 742,981,488
46.6%
$ 1, 802, 882, 330
$ 1,520,081,328
$ 282, 801, 002
84.3%
$ 221,600,192
127.6%
Note - Details of the defined benefit pension plan can be found in Note 10 of the financial statements.
Information for the year ending June 30, 2010 has not been released by the Plan Actuary.
35
TOWN OF TIBURON
Budgetary Comparison Information
General Fund
Year Ended June 30, 2010
Variance with
Final Budget
Budget Amounts
Actual
Positive
Resources (inflows)
Original
Final
Amounts
(Negative)
Property taxes
$ 3,324,475
$ 3,324,475
$ 4,205,295
$ 880,820
Other taxes
1,070,000
1,070,000
970,991
(99,009)
Franchise fees
450,000
450,000
410,133
(39,867)
Fines and penalties
175,000
175,000
96,707
(78,293)
Investment earnings
182,400
182,400
89,024
(93,376)
Intergovernmental and agency
773,800
773,800
329,552
(444,248)
Licenses and permits
922,150
922,150
892,805
(29,345)
Charges for services
391,600
391,600
405,355
13,755
Other revenue
213,200
213,200
425,668
212,468
Amounts Available for Appropriation
7,502,625
7,502,625
7,825,530
322,905
Charges to Appropriations (Outflow)
Town administration
1,612,154
2,272,154
2,122,322
149,832
Community development
1,113,817
1,113,817
1,066,568
47,249
Public safety
2,879,173
2,879,173
2,771,806
107,367
Public works
1,270,416
1,270,416
1,192,988
77,428
Legislative boards and commissions
39,500
39,500
32,212
7,288
Non-departmental
577,989
577,989
513,055
64,934
Capital improvement projects
1,555,000
1,555,000
530,080
1,024,920
Total Charges to Appropriations
9,048,049
9,708,049
8,229,031
1,479,018
Surplus (Deficit)
$ (1,545,424)
$ (2,205,424)
$ (403,501)
$ 1,801,923
37
OTHER SUPPLEMENTARY INFORMATION
Capital
Resv-
Disaster
Streets &
Traffic
Capital
Total
Equip.
Technology
Park
Open Space
Response
Drainage
System
Outlay
General
Replace.
Fund
Develop
Mgmt.
Reserve
Reserve
Reserve
Reserve
Fund
$ 271,232
$ 363,190
$ 499,233
$ 98,222
$ 100,000
$ 1,408,877
$ 450,000
$ 447,033
$ 10,171,945
-
-
-
-
-
-
-
-
86,826
-
-
-
-
-
-
-
-
179,218
-
-
-
-
-
-
-
-
31,467
-
-
-
-
-
-
-
-
800,000
$ 271,232
$ 363,190
$ 499,233
$ 98,222
$ 100,000
$ 1,408,877
$ 450,000
$ 447,033
$ 11,269,455
$ 5,908 $ 953 $ 58,749 $ - $ - $ 37,912 $ - $ - $ 302,426
- - - - - - - - 318,801
- - - - - - - - 152,430
5,908 953 58,749 - - 37,912 - - 773,657
800,000
265,324 362,237 440,484 98,222 100,000 1,370,965 450,000 447,033 9,695,799
265,324 362,237 440,484 98,222 100,000 1,370,965 450,000 447,033 10,495,799
$ 271,232 $ 363,190 $ 499,233 $ 98,222 $ 100,000 $ 1,408,877 $ 450,000 $ 447,033 $ 11,269,455
38
Self
Capital
Resv-
Disaster
Streets &
Traffic
Capital
Total
Insurance
Equip.
Technology
Park
Open Space
Response
Drainage
System
Outlay
General
Reserve
Replace.
Fund
Develop
Mgmt.
Reserve
Reserve
Reserve
Reserve
Fund
$
$ -
$
$ -
$ -
$ -
$ -
$ -
$ -
$ 4,205,295
'
-
-
-
-
-
-
-
970,991
'
-
-
-
-
-
-
-
410,133
"
-
-
-
-
-
-
-
96,707
"
-
-
-
-
-
-
89,024
-
-
-
27,462
-
-
235,679
-
-
329,552
"
-
-
-
-
-
-
892,805
-
-
82,961
-
-
-
-
-
-
405,355
-
122,200
-
-
-
-
22,257
-
-
425,668
-
122,200
82,961
27,462
-
-
257,936
-
-
7
825
530
,
,
-
-
19,047
-
-
-
-
-
-
2,122,322
-
-
72,952
-
-
-
-
-
-
1,066,568
-
102,055
2,258
-
-
-
-
-
-
2,771,806
-
-
2,265
-
-
-
-
-
-
1,192,989
-
-
-
-
-
-
-
-
32,211
-
-
-
-
-
-
-
-
513,055
-
-
-
126,839
10,984
-
343,951
-
38,256
530,080
-
102,055
96,522
126,839
10,984
-
343,951
-
38,256
8,229,031
-
20,145
(13,561)
(99,377)
(10,984)
-
(86,015)
-
(38,256)
(403,501)
50,000
-
55,400
-
50,000
-
200,000
-
-
1,305,400
-
-
-
-
-
-
(4,601)
-
(300,799)
(1,305,400)
50,000
-
55,400
-
50,000
-
195,399
-
(300
799)
-
,
50,000
20,145
41,839
(99,377)
39,016
-
109,384
-
(339,055)
(403,501)
64,589
245,179
320,398
539,861
59,206
100,000
1,261,581
450,000
786,088
10,899,300
$ 114,589
$ 265,324
$ 362,237
$ 440,484
$ 98,222
$ 100,000
$ 1,370,965
$ 450,000
$ 447,033
$ 10
495
799
,
,
39
Total
State
State Traffic
Measure A
CA
Special
Gasoline
Congestion
Sales
Proposition
Revenue
Tax
Relief
Tax
1B
Funds
$ 483,312
$ 24,546
$ 86,077
$ 52,698
$ 1,832,783
-
34
120
74
2,041
23,212
-
-
-
34,067
-
-
-
-
663,411
$ 506,524
$ 24,580
$ 86,197
$ 52,772
$ 2,532,302
$ - $ - $ - $ 44,780 $ 47,280
44,780 47,280
506,524 24,580 86,197 7,992 2,485,022
506,524 24,580 86,197 7,992 2,485,022
$ 506,524 $ 24,580 $ 86,197 $ 52,772 $ 2,532,302
40
Cypress
Hollow
199
16,544
State State Traffic
Gasoline Congestion
Tax Relief
253,725 -
2,363 659
County
Measure A California
Sales Tax Prop 1 B
$ - $
87,000 -
444 1,210
Total
Special
Revenue
Funds
340,725
14,498
116,544
16,743 256,088 659 87,444 1,210 471,767
- - - 2,500
- - - - - 125,957
14,402 1,700 - - - 16,102
42,667 205,798 8,973 96,000 396,223 749,661
57,069 207,498 8,973 96,000 396,223 894,220
(40,326) 48,590 (8,314) (8,556) (395,013) (422,453)
(40,326)
48,590
(8,314)
(8,556)
(395,013)
(422,453)
70,874
457,935
32,893
94,753
403,005
2,907,476
$ 30,548
$ 506,525
$ 24,579 $
86,197
$ 7,992 $
2,485,023
41
Total
Downtown Planning Tiburon Storm Circulation Bunch Marsh Street Tiburon Capital
Art Area Street Water System Grass Restoration & Frontage Long Range Project
Project Mitigation Impact Run Off Improvement Mitigation Maintenance Improvement Planning Funds
$ - $ 177,811 $ 1,991,890 $ 214,455 $ 27,914 $ 129,256 $ - $ 2,428 $ 180,726 $ 4,165,981
249 18,434 29 39 181 - 3 39 19,775
- - - - - - - - 35,812
$ - $ 178,060 $ 2,010,324 $ 214,484 $ 27,953 $ 129,437 $ - $ 2,431 $ 180,765 $ 4,221,569
$ - $ - $ - $ 54,599 $ - $ - $ - $ - $ - $ 54,879
- - - - - - (2,030)
- - - - - 8,225
- - - 54,599 - - - - - 61,074
- 178,060 2,010,324 159,885 27,953 129,437 - 2,431 180,765 4,160,495
- 178,060 2,010,324 159,885 27,953 129,437 - 2,431 180,765 4,160,495
$ - $ 178,060 $ 2,010,324 $ 214,484 $ 27,953 $ 129,437 $ - $ 2,431 $ 180,765 $ 4,221,569
42
Total
Downtown Planning
Tiburon
Storm
Circulation
Bunch
Marsh Street Tiburon
Capital
Art Area
Street
Water
System
Grass
Restoration & Frontage Long Range
Project
Project Mitigation
Impact
Run Off
Improvement
Mitigation
Maintenance Improvement Planning
Funds
- 1,150
8,921
89
182
786
- 15 845
25,385
' -
-
-
-
-
- - -
525
- -
560,949
46,587
-
-
- - 42,509
650,045
'
-
-
-
-
- - -
81,731
- 1,150
569,870
46,676
182
786
- 15 43,354 $
757,686
- - -
2,051
- - 206,664 93,208
2,051 - 206,664 93,208
(2,051) 1,150 363,206 (46,532)
182 786 -
- 56,474
13,400 214,864
- - 3,159
- - 308,138
13,400 582,635
15 29,954 175,051
(2,051) 1,150
363,206
(46,532)
182
786
- 15
29,954
175,051
2,051 176,910
1,647,118
206,417
27,771
128,651
- 2,416
150,811
3,985,444
$ - $ 178,060
$ 2,010,324 $
159,885 $
27,953
$ 129,437 $
- $ 2,431
$ 180,765
4,160,495
43
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
April 6th, 2011
Agenda Item: a~_
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Department of Public Works
Bay Trail Gap Closure Study Grant Award And Authorization For
Town Manager To Execute An Agreement For The Grant
In the January 2010 meeting of the POST Commission, Bicycle Subcommittee members Peter
Winkler and Ralph Leighton updated the Commission on their preliminary work with staff to
develop a project studying a gap closure of the Bay Trail from Blackie's Pasture to Blackfield
Drive generally following the Greenwood Beach Rd road alignment. Since then, staff had been
working with Chairperson Winkler and Mr. Leighton on refining the project scope.
Earlier this year, staff learned that a grant opportunity was expiring shortly and submitted a grant
application to the Association of Bay Area Government (ABAG), which manages the Bay Trail
program, to fund the project study. Staff is happy to report that an $85,000 grant was awarded to
the Town on February 14, 2011.
The proposed study seeks to evaluate and develop engineering concepts for a Class 1, 2, and/or 3
path that would close an existing gap of the Bay Trail and enhance service of bicycle and
pedestrian traffic along this alignment. The alignment would generally parallel Tiburon Blvd.
The conceived path would also serve children traveling to and from school and give access to the
Richardson Bay Audubon Center (see Exhibit 1). Greenwood Beach Rd/Greenwood Cove Rd is
already a designated county bicycle route (see Exhibit 2). The route crosses over Town, County,
and State right-of-ways, and would require partnering with these agencies. Community input
would be gathered and weighed to develop well-balanced solutions.
The grant was discussed in the March 15, 2011 POST Commission meeting and public testimony
was gathered. Of the approximately eight people that came to the meeting, some were supportive _
of the study and most were very weary of inviting more pedestrians and cyclists down their street
by formalizing a physical path. Many suggested using the shoulder of Tiburon Boulevard as a
possible path.
Cl~.~~ is f t)t.tl~Cll '~•"~C.'C'[~CI~~~;
The Commission was collectively supportive of the study and expressed the need to engage
residents near the proposed project alignment as much as possible. They did not agree with some
residents who thought pedestrians and cyclists should be discouraged from using the existing
route completely. The Commission unanimously felt that this study would be an opportunity to
dovetail the creation of a Bay Trail link with improved management of existing multi-modal
traffic in the area.
Staff has partnered with the County on the project and also foresees significant interaction with
Caltrans' staff. The multi jurisdictional complexities of the project and extensive public
participation are factors to consider if the project was undertaken. At the moment, project
funding only exist for a study, and no funding has been identified past this stage.
If the Council were to approve accepting the ABAG grant, staff would plan on starting the
project in July 2011 with the establishment of an agency team and POST subcommittee, and
preparing a Request For Proposal for engineering/planning consulting support.
FISCAL IMPACT
As is the common procedure for grants, if the ABAG grant is accepted and the project study
approved, the Town will have to commit fiends up front and seek reimbursement against the
grant. Town staff resources will also be needed, although the bulk of the work will be conducted
by a consultant funded by the grant.
RECOMMENDATION
Staff recommends that the Town Council:
1. Review the grant opportunity and project issues, and
2. If it approves of the project, move to adopt a resolution approving the project,
accepting the grant, and authorizing the Town Manager to execute an agreement with
ABAG.
Exhibits: Draft Resolution
Exhibit 1 - Site Map
Exhibit 2 - Map of County Bike Route 10
Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer
RESOLUTION NO. -2011
A RESOLUTION OF THE TOWN COUNCIL OF-THE TOWN OF TIBURON
APPROVING THE BAY TRAIL GAP CLOSURE STUDY, AND AUTHORIZING
THE TOWN MANAGER TO EXECUTE A FUNDING AGREEMENT WITH THE
ASSOCIATION OF BAY AREA GOVERNMENTS
WHEREAS, The Bicycle Subcommittee of the Parks, Open Space and Trails
Commission has done preliminary work with staff to develop a project studying a gap closure of
the Bay Trail from Blackie's Pasture to Blackfield Drive generally following the Greenwood
Beach Rd road alignment;
WHEREAS, Town staff submitted a grant application to the Association of Bay Area
Government (ABAG) to fund the study;
WHEREAS, ABAG awarded an $85,000 grant to the Town on February 14,2011; and
WHEREAS, The grant was discussed in the March 15th, 2011 POST Commission
meeting, where public testimony was gathered and the Commission unanimously approved of
the study.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Tiburon as follows:
Section 1. The Town Council does hereby approve of the Bay Trail Gap Closure Study.
Section 2. The Town Council authorizes the Town Manager to execute an agreement with
ABAG to fund the project.
PASSED AND ADOPTED at a regular meeting of the Town Council on the 6th day of
April, 2011, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
1/1
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09
RESOLUTION NO. 14-2011
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON COMMENDING
MARILYN KESSLER
FOR HER OUTSTANDING SERVICE TO THE COMMUNITY
UPON THE OCCASION OF HER RETIREMENT
WHEREAS, Marilyn Kessler began her career in journalism as editor of her college
newspaper, "The Drury Mirror", at Drury College in Springfield, Missouri; and
WHEREAS, Marilyn's travels with her first husband, Jim Olson, took her around the
country where she worked on the "ladies' pages" of the "Springfield [Missouri] News & Leader", the
"Corpus Christi [Texas] Caller-Times", and the "Birmingham [Michigan] Eccentric"; and
WHEREAS, Marilyn and Jim first came to Marin County and settled in Tiburon in 1968,
where their daughter, Christine, was born; and
WHEREAS, Marilyn was hired as a reporter for The Ark in 1978 by newspaper magnate
James McClatchy, who bought The Ark in 1977, and later promoted Marilyn to the position of editor of
the newspaper; and
WHEREAS, Marilyn Olson became Marilyn Kessler in 1985, when she married Dominic
Kessler, and later that same year, Marilyn formed another "perfect union" with the late Barbara Gnoss,
who became her co-editor of The Ark until her untimely death in 2009; and
WHEREAS, Marilyn and Barbara went on to purchase the newspaper outright and became
both editors and publishers of The Ark; and
WHEREAS, The Ark is the newspaper on the Tiburon peninsula, and covers "all the news
that's fit to print", bringing a unique local flavor and outlook to events on our peninsula;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the
Town of Tiburon commends Marilyn Kessler for her many years of outstanding service to the Tiburon
community as editor and publisher of The Ark, and is even more pleased to know that Marilyn will
continue to reside in and be a part of our Tiburon community upon the occasion of her retirement;
BE IT FURTHER RESOLVED, that the Town Council wishes Marilyn a happy
life and great success in all her future endeavors.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on
April 6, 2011, by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz
ATTE : ) j
Diane Crane Iacopi, Town Clerk