HomeMy WebLinkAboutTC Res 2020-07-01 (2) RESOLUTION NO. 32-2020
A RTSOLUTIOI�' OF THE TOWN COUNCIL OF THT TOW\� OF TIBURON
� CONFII2MING TH� ANNUAL ASS�SSM�NTS AND ORDTRING TNE LF�VY ANll
COLLECTION OF ASSESSMENTS FOR THC LANDSCAPI; AND LIGHTING
DISTRICT IN CYPRESS IIOLLOW FOR FISCAL Y�AR 2020/2021
WH�REAS; on June 17, 2020, the Town Council of the To�n o{� Tibiu-on adopted a
resolt�tion oi�deriilg an EnQineer's Report for the annual assessments in the Landscape and Lighting
District in Cypress Hollow; aild
WHEREAS, on June 17, 2020 the Town Council of the Town of Tibllr-on adopted a
resolution approving the Engineer's Repot-t and setting a Public Heal-i»g re�ardin� confirmation
of the assessments for the Regular Town Council Meeting of July 1, 2020: and
WIIEREAS, Staff caused the notice of the Public Hearing to be published ii1 the Marin
Independent Journal, a newspaper of genei•al circulation in the 7��own of Tibui-on, oile time,
pursuant to Government Code Section 6061, riot less than ten (10) days prioi- to the date of ihc
Hearing;
WHEREAS, the Town Council of the Town of Tiburon held a I'ublic Hearing regai-ding
con�lirniation of the assessnzents at the Rebular Council Meeting of July l, 2020.
NOW THEREFORE IT IS RESOLVF,D, as follows:
Sectioll 1. The Towi1 Council confirms the assessnlent diagram and assessments as set forth
in the Engineer's Report for Fiscal Year 2020/2021.
Section 2. The Town Council ordeis the levy and collection of assessments as set forth in
tlle Enginccr's Report fo�-Fiscal Year 2020/2021.
PASS�D AND ADOPTED at a regular meeting of the Town Coul�cil of the 'Town of
Tiburoi�, on July 1, 2020. by the following vote:
AYES: COUNCIL MEMBERS: �redericl<s_ Kulil<_ Rvan. Thiel-_ Wel»er
NOTS: COtJNCIL MEMBERS: None
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ALIC� FREDRICKS_ MAYOK
TOWN OF' TIBUKON
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Pa��e 1 of 1
Tori�n Cnzmcil Resohrtio�� �A�o. 32-2020 07/01/2020 �
RCSOLUTION NO. 34-2020
A 12ESOLUTION OF '1'H� TOWN COUNCIL OF TH� TOWN OF TIBURON
ACCI�PTING AS COMPL�I�L WORK UND�R A CONTRACT TO MIKSIS S�RVIC�S
FOR T��E 2020 STORM DRAIN R�HABILI'TATION PROJ�CT;
PROJ�CT NO. 20-SD-03
WHER�AS, the "l,own Manager of the Town of Tiburon did on �'ebruaiy 19, 2020, award a
co»tract to Mil:sis Seivices for the 2020 Storn� Drain Rehabilitation Project; and
WHEREAS. the I�own Council of the T'own of Tiburon has been advised that the worlc of
construction undei- said contract l�as been completed; and
WH�12F.AS. tlle Town Council of the Town of Tiburon has been advised that the work was
inspected b5� the Towii and was foiind to be acceptable.
TH�R�FORC, B� 1T RCSOLVED that the Tiburon Town Council, does resolve; cleclare,
deterrl�ine and oi-der as Follows:
1. The Town Council of the Town of I'iburon does hereby accept the woi-lc and
ilnpi-ovements referi-cd to in said contract, reserving however, all rights against tl�e
contractoi-, and the surety or sureties to any bond posted by thetn require full and
complete performance of the contract, including corrections of aily defective work which
may appear in said work or improvement.
2. The Dii-ector of Public Worl<s shall file a Notice of Completion with the County of
Marin.
PASSTD AND ADOPT�D at a regiilar meeting of the Tiburoil Town Cotulcil on July ]�, 2020
by the following vote:
AY�S: COUNCIL'v1EMBERS: I'redericics, Kulilc, Ryan, Tl�ier, Wel�iei-
NAYS: COUNCILMEMBERS: None
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ALICE FREDERICKS. MAYOR
TOWN OF TIBURON
ATTEST:
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LEA S`T' �Fn I, TOWN CI,F.RI�
Page 1 of 1
Town Council IZesolution No. 34-20?0 07/15/2020
PASSED AND ADOPT�D at a rebular n�eetin� of the Town Council of�the To�vn of
Tibui-on on .inly 1, 2020, by thE following vote:
AYES: COUNCILMEMBERS: Fredericl:s, Kulil<, Rya�1_ "I�hier. Welnei�
NO�S: COtJNCILMEMB�RS: None ,r.
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ALICE�FRE ERI �_ S, MAYOR
TOWN OF TIBURON
ATTEST: �
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LEA ,� A , "TOWN CLERK
Page 8�f 8
To�i�n C'namcil ResolaNion No. 31-2020 07/01/2020
R�SOLU'I'ION NO. 31-2020
� A RLSOLUTION OF THE TOWN COUNCIL
� OF TH� TOWN OF TIl3URON RESCINllING RESOLUTION NO. 30-2019
AND ADOI'TING �N AM�Nll�D MANAG�M�NT RECOGNITION
ANll INCENTIV� COMP�NSATION PROGRAM FOR FY 2020-21
WHEREAS, in January 1979_ the Towi� Coul�cil established and adopted a Management
Recognition and Incentive Compensation Progranl, in order to pi-omote the development of a
str•ong, more cffective n�anagemet�t team alld a means of i•ecognizing outstanding mallagelnent
performance in all public selvice ai�eas; aiid
WH�REAS, the Managen�ent Recognition and Incentive Compensation pi•ogram
enhances the professional gro���th, moti��atioi�. ai�d lovalty of manageinent employees and
promotes a consisteiltly l�iglier level of service to th�pu�lic; and
WHEREAS, tl�e To�vn Cou»ci] has updated and amended the Manabement Recognition
and Incentive Compensation Pi•og1-am oil several occasions, Inost recently in July 2019 by the
adoptiarl of Resolution No. 30-2019; and
WHERAS; the To�v» of Tibtu�on management elnployees are defined to inean the
following positions:
To�vn Managei-
Town Attorney
ChieF of Police
Director of Administrative Ser�rices
Director of Comil�wlity I�evelopme»t
Director of Public Worl<s/Town E�zbi�leei-
NOW, TH�R�F'ORE, BL IT RESOLVED that tl�e Town Council of the '1 own of
Tiburon does hereby repeal Resolution No. 30-2019 and all predecessor versions of the
Manageil�ent Recognition and Incenti��e Co�1�pe�lsation I'rogram and adopts the following
amended Management Reco��nition and Incentive C<�mpensation Progl-am:
SECTION 1. SALARIES
Effective July l. 20l 9 salar�t r�nges For�i�ana�ement positions shall be:
Chief of Police $13,430 - $16,787
Director of Admiilistrative Services $l 0,432 - $13,040
Director of Cotnmt�nity Developmellt $] L283 - $14,104
Director o�Public Worl<s/Town Engineer $13,022 - $16,277
Town Attornev Based on Colltract
`I�own IVlanagei- Based on Contract
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To��ni� Couf�cil Resolutio��1Vo. 31-2020 07/01/2020
SECTION 2. SALARY AD,TiJSTMENTS
Movenlent through tl�e s�lary ranges will be bas�d upon merit following a comprehensive
writtel� performance evaluation by the 'l��own Manager.
SECTION 3. BENEFITS AND INSURANCE
Tl�e Town shall contribute a dollar amount cqual to the combined total of the Ca1PERS
Kaiser two-pai•ty pren�ium and I��elta Dental family premium towards a Management
Employee's cafeteria plan to purchase medical, dental, life and disability insurance. This
dollar ainount will float with the increase or decrease in the cost of the Ca1PERS Kaiser �
two-party and Delta Dental family rate. If the full suin specified is exceeded for group
insurances of a given employee, then tl�at employee shall pay the balance of the monthly
cost via a payroll deduction from tl�e Iirst two payrolls of the month. If the filll suin
specilied is not used for the �i•oup inslirances cost of a given employce, then that amount,
not to exceed $400 per �nonth. sl�all deposited into one of the Town's Deferred
Con�pensation Plans in the employee's �1ame. Any employee who on Decen�ber 31, 2008 �
receives more than $400 per month accr�ui»g ti-inge shall be capped at the higher amount.
Should, at any time, such en�ployee's accruiiig �i�iilge fall below the grandfathered cap,
but�nore than $400 per month. the lower amount becomes that en�ployee's new cap.
Retirement—The Towi� coi�tracts wiih Ca1PF..,RS for the provision of a retirement
program for its miscella�ieous and public safety employees. The Town does not
administei•the retireinent progra�n and malces no 1-epresentaCion of the specific�arainetei•s
of the program beyond w11at is p1•ovided in tl�e Town's contract with Ca1PERS.
Employees may obtain a copy of the Ca1PLRS contract to review all elements of the
cui-rent progranl.
Effective July l, 201�, all employ�es consiclei•ed `'classic" under Ca1PERS shall "picic
up" 1% of the Ca1PERS Employers rate. This additional 1% is above the Em�loyee's
normal rate of 7% for Miscellaneous ai�d 9% foi- Safety. �nlployees considel•ed "new"
under PEPRA sl��ll continue to pay 50°/o of the nornlal cost. The employee retii•enlent
contribution sl�all be made o�1 a pre-tax basis as allowed uilder Internal Reveilue Code
414(h)(2).
Foi- Miscellaneous Menlber� of the Public Employee's IZetirement System hired prior to
Janualy l, 2013_ the �I�o��n of Tiburon shall provide the Ca1PERS 2% � 55 retirement
formula, with the highest sin�le year calculation. P��blic Safety members hired prior to
Janu�r-y 1; 2013 shall r�ceive the 3% � 55 retircnlent formula with the highest 36 inonths
calculation.
Miscellaneous members hired after luly 1, 2013, who are "new members" of the
retirelnent system as defined by CA Govel•nnlent Code Section 7�22.04(� sl�all be
provided the 2% at 62 beneiit forinula with the highest 36 months calculation. Public
Safety employees hired on or aftel-Januaiy 1, 20l 3, wllo are "new membel•s" of the
�� retireincnt system as defined by CA Govermnent Code Section 7�22.0�(�, sllall receive
� � tlle 2.7% c�t,r 57 retirement forn�ula wit11 tl�e liighest 36 nlontl�s calculation
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'lol��n Coa�i�cil Resola�lion No. 31-2020 07/01/2020 �
Medical Instu�a�7ce - T11e "I�own of�Tibul-on of1�e1-s managemel�t� employees and their
dependents medical/hospital ii�sul�alice coverage. A qualitied employee niay choose fi•om
� the plans oflered through the Public Employees Ketirement System Health Benefits
Division for medical/hospital instu�anee: coverage. Suclz iusurance is mandatoiy for
covered en�ployees unless they ca�1 demonstrate compliailce with other coverage.
Dental Instu•ancc - The Town of Tibtlron offers management employees and their
dependents a dental plan. Such insui�ance is �113ndatory for all qualified enlployees unless
they can den�onstrate coi»pliance with oil�er coverage.
Life Insurance - The Town of'I�iburoil offers manageme�lt e�nployees a life insurance
policy equal to one year's salary, not to e�ceed $95,000. Such insurance is maildatory for
all full-time employees. If the mandatory amount is not eaceeded, the Town of Tibtu-on
offers inanagement employees additional life iilsui-ance up to a combined total of no more
than $95,000. Participation is optional.
Disabilit_y Insurance - Tl�e Town of�Tiburon offei-s management employees long term
disability insurance. Such insurance is mandatoi-y.
Long Term Care - The Town of�l�iburoi� offei-s nlai�abement employees a long-term care
policy. Participation is optional.
Deferred Com�ensation Plan - �I'he "I�own of'I�ibtu•on oF9�ers a deferred con7pensation plan
to management emplo5�ees. Such n�onies deposited would become ta�-deferred and
would be subject to incon7e taxatio» i�7 tl�e yeal-tlle}� are withdrawn fi-oln the deferred
compensation plan. Participation is optio�lal.
IRS Section 125 Plan - The Town of Tiburon offers manaaemenl employees the ability to
partieipate in its IRS Section ]25 Pl�n. Participatio» is o}�tional.
SF,CTION 4. VACAT'ION I,EAVE
In recognition of the fact that man�� top i��ana�cn�e»t personne] are recru�ted fi•om outside
the Town, that the avel-age tenure for those managen�eilt personnel is substantially more
than that of non-managcll�ent personnel_ ai7d tliat at least tliree years prior experience is
required, the following vacation leave policy for inanagement personnel shall be
iinplemented:
Managelnent enlployees shall accumulate vacatioll le�vc in accordance with the
following vacation tiine entitlement:
Servicc Wol�l< Davs
0-5 Years l s Da}�s
6-15 Years 20 Days
16+ Years 2� Davs
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To�n�� Coir»cil Resolutroi�No. 31-2020 07/DIi2020
Upon te1-mi�lation of a�na»abement employee's sei�vice witl� tl�e Town; silel� en�ployee
shall be paid a lump sli�n ec�uivalent to his/Iler accl-lied vacation leave. Ma�iintui�
� - accilmulation of vacation leave is 40 �vorkdavs.
SECTION 6. SICK LEAVE
Management em�loyees shall be entiticd to accrue o11e workinb day of sicic leave�vith
pay for eacl� montl� or�najoi-fi-aetion thel-eof. Sick leave »�ay be acerued by ina»agement
employees without a maximlun limitation.
SECTION 7. SICK LEAVE PAY OI�F
Management employees hil•ed prior to .Tuly 1, 2001 m�y i-eceive cash cquivalent
compensation of 50% oi�their accrued sick leavc, lip to a total of 60 days, if the following
conditions are met:
a. The employee files for a scrvice retirement fi�o�n the Town, or
b. I'he employ�e volLultarily separ�tes fi-om tl�e 'I�owi� atld l�as at least 15 years of
service with the Towu.
Effective July l, 201 l, the cash value of this benefit will be detei��nined based on each
employee's hourly rate and munber of eligible l�ours foi� cash-out ptuposes (50% of
sick leave balance, up to 60 days). This value will be documented and the value
capped. This value cannot grow through add�tional acerued sick leave or though
increases in pay. Employees witl� I S years or•more sei-vice with the Town lnay
request a cash-out of 60% of�the eli�ible l�ours (early cash-out option). ShoLlld an
employee request the early cash-out of 60% of the elibible sick leave hours, they will
not be entitled to any fui•ther sick leave cash-out upon retire»�ent or separation of
employment with the Town. T11ose hours casl�ed out will be deducted froin t11e
einployees sick leave balance. If an eil�plc�yee is not eligible for, or elects not to take,
the early cash-otit opCion, they shall be paid tl�e fi�ozen dollar value upon separation of
employment with t�he Tow�i. Tl�e only way the li•ozen dollar amount can be lowered
is if an en�ployee has less accrued sicl< leave hours upon separation of em�loyment
than they do on July 1, 20l 1. Tor taa planni�lg putposes, should an employee desire
to take the early cash out option, they will be allowed to take tllis payinent in eithei-
2011 oi'in January 2012.
For manageme�ii employees l�ired after July 1. 2001, they 7nay accrue unlimited sick
leave wilh no option for "casl�back" benefits.
SECTION 8. HOLIDAYS
The Town agrees to provide management employees the following holidays:
New Year's Day Januar�� l
Martin Luther King Day Third M��nday in January
� President's Day Tl�ird Monday in Februaiy
Memorial Day Last Monday in Ma}%
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To1�rn Coa�i�cil Resolulio» No. 31-2020 07/01/2020
Ii�dependel�ce Day July 4
Laboi• Day I'irst Monda}� in Se�tember
� � Veterans Day Observed clurin� Holiday I�urlougl�
Thanl<saiv>>Z� Day Fourth 'Tlnirsday in I��oven�ber
� � Friday aftei� Th3nl<s��iving
Chrishnas Eve December 2�
Chrish7las Day December 25
New Year's Eve December 31
When a holiday falls on a Saturday. the prece:ding Friday shall be observed. However, if a
holiday falls on a Saturday and the precedi�lg Friday is also a 1loliday, the Town Manager
may desigilate the precedi»g Thlu•sday oi- following Monday to observe t]Ze 1loliday.
When a holiday falls on Sunday, the follo���ing Monclay shall be observed. However,
whcn a holiday falls on a Sunday and the follo��-in� Monday is also a holiday, tlle Town
Manaber may designate the preceding Fi-iday ol-follo�vin� Tuesday to observe the
holiday.
SFCTION 9. HOLIDAY CLOSURE
All represented and non-represented employces will be required to take 1 day vaeation or
adnlinistrative leave as part of the holiday clostn-e program. The Town will also
conti-ibute one day off as part of the progran�. Tibu3�on Town Hall ��ill be closed Fi-on1
December 24, 2020 through 3anuary 1, 2021.
Proposed Schedule:
Thursday, December 24, 2020 Christmas Eve Holiday
I'riday, December 25, 2020 Christinas lla5� I-loliday
Monday, December 28, 2020 Vetei-ans Day Holiday observ�d
Tuesday, December 29, 2020 Et�lployee Contriblites a day
Wednesday, December 30, 2019 "Town Contributes a day
Tl�ui�sday, Decen�ber 31, 2020 New Yeai-'s Eve Iloliday
Friday, Januaiy 1, 2021 N�w Year's Day L-Ioliday
SECTION 10. ADMINISTRATIVE LEAVE
In reco�ni�ion of the lon� hours rec�uired to perfocm at tl�e n�anagement level, including
attendanc� at numerous meetinbs outside normal workilig hotu�s. th� following
Administrativc Leave policy sl�all be implemented:
Managelnent employee may receive up to ten days adn�izlistl-ative leave annually, to be
awarded at the discretion of the Town Ma»age►�.
SECTION 11. DINNER ALLOWANCE
All managei��ent ernployees who live inol-e thai� l 0 iniles fi-om To����1 and who are
required to attend night ineetin�s or work atter oftice houi-s beyonci 7:00 P.M. niay be
i•ein�bursed in an a�nount not to eaceed $25.00 for tl�e purchase of�iinnei•for that night.
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To��i�n Cozn�rcil Resolzitio»No. 31-2020 07/01/2020
This allo��ance applies to manaben�ent en�ployees wl�o i-eside outsicle a tei�-mile radius of
the Town. Employee reimbtu•sement is subject to the approval of the Town Ma»ager and
mt�st be acco7npanied by a restaurant receipt, which shall include the a�1�oL�nt, date,
�neeting or pilrpose, and the en�ployee's name.
SECTION 12. TERMINATION ALLOWANCE
In oi-der to foster job sectu•ity within a protessional cli���aie. m�naben�ent e�nployees will
be entitled to severa�lce pay when they are tern�inated from To���n service. However;
sucl� employee must be in the ernploy of the Town for at le��st three (3) years, and such
ternlination is not for cause or for reasons listed i�i Governi��ent Code Section 19572, the
Town's Personnel Riiles & Regulations, Section C, or a»y em}�loyee who vollultarily
resigns fi�om Towi1 Service for personal reasons.
Unless otherwise noted in an Employment Agrce111ent_ Management enlployees sl�all be
covered by the following terminatiou allowance schedule:
� Service Work Weeks
Aftei�:
3 years 1 month
7 years 2 months
10 years 3 months
This severance pay is in addition to any accrued vacation leave, unused at the time of
terinination.
SCCTION 13. V�HICLE USAGE/ALLOWANCE
Management employees, to a far greater eYtent than other Town enlployees, are required
to travel tlzroughout the Town, Cotmty, and Bay Area to fulfill their job rcquire�nents.
This travel is fi�equently required outside of nori���l worl<ing holu-s. In recognition of tl�is
e�nployinent requil•ement, the "l��own shall provide either the use of a �Town vehicle or a�1
automobile allowance, as provided in tl�e Town blidget. Use of a Town vehicle shall be
in accol•dance with the Town's Administrative Policies and Procedtu�es and is not
intended for private use.
SL:CTION 14. TIJITION REIMBtJRSEMENI'
In order to promote continued developr��ent of skills_ l:nowledge, and abilities among
ma»agenlent employees, the Town of Tibtu•on shall rei�i�bursen�ent the costs of tuition,
books and fees at the rate of the Califor�lia State LI1livei•sity system. Employees must
receivc prior approval of the Town Managel•and submit certified transcr,ipts with tl�e
evidence of a grade of"C" oi•better fi-on� an accredited college oz� university and submit
boila fide rece�pts to qual�fy for tuition reimbtirseme�lt. This provision has been
suspended since FY 2011-12.
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SECTION I5. I'ROFESSIONAL MEMBERSI-IIY FEES
Most management personnel are expected to maintain member•ship in appropriatc
� professional organizatioias. These n�e�nbersl�ips serve to acc�uaint th�; Town witl� ciirrent
programs a11d procedures in these pi-ofessional areas b}� means of publications and
speci�c activities. The Town will include t�he cost of these n�cmbersl�ip fees in the
respective departmental budgets.
SFC"I,ION 16. R�TIRED �MPLOY�E'S MEDICAL ALLOWnNCE
For any Mailagement einployee hired pi•ior to July 1, 2009, t11e To�vn of Tiburon will
inake contributiar�s toward a retired employee's medical insui�a�ice plan based upon the
followii�� conditions:
a. En�ployee must retire directly fioili einployn�cnt ��Tith tlle Tow�i of Tibui-on and
apply to PERS for retirement benefits.
b. The retiree's medical iilsurance allowance is fixed and capped at tlie Kaiser sin�le
rate that is in effect at the tirne of the employce's retire�llent.
c. The Town's contributions rate is based on the follo�vil�g I�ormi�la:
Percent of Kaiser Years of Consecutive
Single Rate Service to To��n
50% 15 Years
75°/a 20 Ycars
100% 25 Years
Such coverage is not extended to employee's spouse or oillcr depe�ldents.
NOW, THEREFORE, BE IT FUKTHER RESOLVED that the provisio��s of this
i-esolutio» shall supersede any other previous rules and resolutions of the Town of�"I�il�uron which
may be in conflict herewitl�.
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