HomeMy WebLinkAboutTC Ord 1999-06-16
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ORDINANCE NO. 444 N.S.
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON AMENDING
CHAPTERS 2,3 AND 16 OF THE TIBURON
MUNICIPAL CODE, PERTAINING TO TOWN
ADMINISTRATION
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. Section 2-2 is hereby amended to read as follows:
Section 2-2. Bond of Town Officials and EmDlovees.
The Town shall insure all elected and appointed Town officials in the form of a public
employee's insurance blanket bond. This includes all Town officials associated with the Town
ofTiburon, the TibufOn Redevelopment Agency and the Tiburon Public Facilities Authority.
The policy limit shall be one million dollars ($1,000,000) per occurrence, with a deductible
of five thousand dollars ($5000) per occurrence.
SECTION 2. Section 2-3 of the Tiburon Municipal Code is hereby deleted.
SECTION 3. Section 2-6 of the Tiburon Municipal Code is hereby deleted.
SECTION 4. Section 2-7 is hereby amended to read as follows:
Section 2-7. Compensation: Reimbursement of Expenses.
The Town Manager shall receive such compensation and expense allowances as the Town
Council shall from time to time determine and fix by resolution and such compensation and
expenses shall be a proper charge against such funds of the Town as the Council shall
designate.
The Town Manager shall be reimbursed for all sums necessarily incurred or paid by him in the
performance of his duties or incurred when traveling on business pertaining to the Town
under direction of the Town Council. Notwithstanding the foregoing, the Town Manager
shall not receive reimbursement for any expenses covered by an automobile allowance
included in the Town Manager's compensation package. Prior to receiving reimbursement,
the Town Manager shall submit a verified and itemized claim, setting forth the sums expended
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for such business for which reimbursement is requested to the Town Finance Director with
signed and dated receipts.
SECTION 5. Subsection 2-8(m) of the Tiburon Municipal Code is hereby deleted.
SECTION 6. Subsection 2-8(n) of the Tiburon Municipal Code is hereby re-
designated as Subsection 2-8 (m) and revised to read as follows:
(m) To be responsible for the Town's finance and accounting procedures and
programs.
SECTION 7. Subsection 2-8(0) of the Tiburon Municipal Code is hereby re-
designated as Subsection 2-8 (n).
SECTION 8. Article III of Chapter 2 of the Tiburon Municipal Code is hereby
amended to read as follows:
Article m. Plannin!!: A!!:encv and Plannin!!: Commission.
Section 2-16. Established: Dlannin!!: a!!:encv desi!!:nated: duties
There is hereby established a planning agency and a Planning Commission for the Town.
The planning agency of the Town shall be the Planning Commission of the Town. Duties of
the Planning Commission shall be as set forth in Subchapter 3 of the Tiburon Zoning
Ordinance and as may be specified elsewhere in the Tiburon Municipal Code.
Section 2-17. ComDosition: aDDointment and removal of members.
The Planning Commission shall consist of five (5) members, all of whom shall be residents of
the Town ofTiburon. Members shall be appointed by the affirmative vote ofa majority of
the Town Council, and may be removed by the affirmative vote of a majority of the Town
Council.
Section 2-18. Term of office of members.
The term of office of Planning Commissioners shall be four (4) years. Terms shall be
staggered as to year of expiration. Appointment to fill a vacancy occurring prior to the
expiration of a term shall be for the balance of the term only.
SECTION 9. Article IV of Chapter 2 of the Tiburon Municipal Code is hereby
adopted to read as follows:
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Article IV. Desil!:n Review Board
Section 2-19. Established: duties.
There is hereby established a Design Review Board of the Town. Duties of the Design
Review Board shall be as set forth in Subchapter 3 of the Tiburon Zoning Ordinance and as
may be specified elsewhere in the Tiburon Municipal Code.
Section 2-20. Comoosition: aooointment and removal of members.
The Design Review Board shall consist offive (5) members, at least one of whom should be
a professional architect. Members shall be appointed by the affirmative vote of a majority of
the Town Council, and may be removed by the affirmative vote of a majority of the Town
Council.
Section 2-21. Term of office of members.
The term of office of Design Review Board members shall be four (4) years. Terms shall be
staggered as to year of expiration. Appointment to fill a vacancy occurring prior to the
expiration of the term shall be for the balance of the term only.
SECTION 10. Article V of Chapter 2 of the Tiburon Municipal Code is hereby
adopted to read as follows:
Article V. Parks and Ooen Soace Commission.
Section 2-22. Established: duties.
There is hereby established a Parks and Open Space Commission for the Town. Duties of the
Parks and Open Space Commission shall be as set forth in Subchapter 3 of the Tiburon
Zoning Ordinance and as may be specified elsewhere in the Tiburon Municipal Code.
Section 2-23. Comoosition: aooointment and removal of members.
The Parks and Open Space Commission shall consist of seven (7) members, all of whom shall
be residents of the Town of Tiburon. Members shall be appointed by the affirmative vote of
a majority of the Town Council, and may be removed by the affirmative vote ofa majority of
the Town Council.
Section 2-24. Term of office of members.
The term of office of Parks and Open Space Commissioners shall be four (4) years. Terms
shall be staggered as to year of expiration. Appointment to fill a vacancy occurring prior to
the expiration of the term shall be for the balance of the term only.
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SECTION 11. Article VI of Chapter 2 of the Tiburon Municipal Code is hereby
adopted to read as follows:
Article VI. Miscellaneous Boards and Commissions.
Section 2-25. Established: duties.
The Town Council may establish other boards or commissions by resolution; said resolution
must set forth the duties and qualifications, procedures for appointment and removal of
members, terms of office, and other such information as is necessary for the proper
appointment and functioning of the board or commission. The duties and functions of any
such miscellaneous board or commission may supplement, but may not supersede, the duties
and functions of a board or commission established by ordinance.
SECTION 12. Section 3-1 of the Tiburon Municipal Code is hereby amended to read
as follows:
Section 3-1. Personnel system - Established: Durnose
The Town shall establish and maintain an effective personnel system for the Town that will
assure: recruitment, selection and retention of employees on the basis of merit; promotion
on the basis of demonstrated ability; and compensation and personnel practices that will
enable the Town to compete with similar organizations for higWy qualified personnel.
SECTION 13. Section 3-4 of the Tiburon Municipal Code is hereby deleted.
SECTION 14. Section 16-3.02.03 of the Tiburon Municipal Code (Section 3.02.03
of the Tiburon Zoning Ordinance) is hereby amended to read as follows:
3.02.03 Membership and Terms.
The membership and terms of the Design Review Board shall be as set forth in Article IV of
Chapter 2 of the Tiburon Municipal Code.
SECTION 15. Section 16-3.04.02 of the Tiburon Municipal Code (Section 3.04.02
of the Tiburon Zoning Ordinance) is hereby amended to read as follows:
3.04.02. Membership and Terms.
The membership and terms of the Commission shall be as set forth in Article III of Chapter 2
of the Tiburon Municipal Code.
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SECTION 16. Section 16-3.07.02 of the Tiburon Municipal Code (Section 3.07.02
of the Tiburon Zoning Ordinance) is hereby amended to read as follows:
3.07.02. Membership and Terms.
The membership and terms of the Parks and Open Space Commission shall be as set forth in
Article IV of Chapter 2 of the Tiburon Municipal Code.
SECTION 17. SEVERABILITY.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held
to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of the Ordinance. The Town
Council of the Town ofTiburon hereby declares that it would have passed this Ordinance, any
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone
or more sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
SECTION 18. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty days after the date of
passage. Before the expiration of fifteen (15) days after passage by the Town Council, a
copy of the ordinance shall be published with the names of the members voting for and
against it at least once in a newspaper of general circulation published in the Town of
Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on June 2, 1999, and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on June 16, 1999, which was noticed pursuant to Government Code
Section 50022.3, by the following vote:
AYES: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
MOGEN~~
ATI1J~_ Town ofTiburon
DIANE L. CRANE, TOWN CLERK
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