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HomeMy WebLinkAboutTC Agd Pkt 2003-06-18 ~) e, e TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 June 18, 2003 ;/;! IL -;7'--jJ;fj1 ,Ilfle/v j! [D;(, (J 1 #L/ ,---,,{ j L. _.._._~_..----.-----"''''-- ---. 6:15PM - Closed Session 7:30 PM - Regular Meeting ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435-7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere- Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www/tiburon/ora/aovernment. 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 -....----..~--::Whilethe:..Town:Gouncil.attempts:tohear-aIHtems'inorderas'statedbn'theagenda;-it-reserves'---- the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. e iI.. Agenda - Town Council Meeting - June 18, 2003 Page 2 of 5 \~ . AGENDA CLOSED SESSION Pursuant to California Government Code Sections 54950 et. seq., the Town Council will hold a closed Session. More specific information regarding this meeting is indicated below: CONFERENCE WITH LEGAL COUNSEL (Section 54956.9(a)) Howard Zack, Diane Zack v. MERA MERA v. Town of Tiburon and Dean Bloomquist Citizens for Open Process in Antenna Siting (COPAS) v. MERA Dugar v. Jorgensen Properties, Ronald Jorgensen and City of Tiburon. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9(b)) Significant exposure to litigation: one case CALL TO ORDER AND ROLL CALL Councilmember Berger, Councilmember Gram, Councilmember Thompson, Vice Mayor Fredericks, Mayor Slavitz . ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now. Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration and/or placed on a future Town Council meeting agenda. Please limit your comments to no more than three (3) minutes. -------------PRESEN+A+IQN"'------------------------c-~------------.--------------------"'-------------------~----~________c____________________________________________ . Annual Report from Marin Commission on Aging - Tiburon representative Allan Bortel CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion unless a request is made that an item be transferred to the Regular Agenda for separate discussion and consideration. Any item on the Regular Agenda may be moved to the Consent Calendar. 1. Approval of Town Council Minutes - June 4, 2003 . r~ ~/ . . t. Agenda - Town Council Meeting June 18, 2003 Page 3 of 5 2. Recommendation by Town Clerk - Appointment to Fill One Vacancy on the Belvedere-Tiburon Library Agency Board of Trustees Applicant: Allan Bortel 3. Recommendation by Director of Administrative Services - Retention of Business License Auditor 4. Recommendation by Director of Administrative Services - Authorization of Fund Transfer for Completion of Tiburon Ferry Plaza Project 5. Recommendation by Town Manager - Approval of Mill Valley Refuse Service Rate Adjustment- Seventeenth Amendment to Franchise Agreement (Revised) 6. Recommendation by Director of Administrative Services - Point Tiburon Community Facilities District 1985-1 Special Tax Levy for Fiscal Year 2003-2004 a) A Resolution of the Town Council of the Town of Tiburon Levying a Special Tax Rate for the Property Tax Year 2003:..2004 - Community Facilities District No. 1985-1 Point Tiburon Development 7. Recommendation by Director of Community Development - Ned's Way Garden Homes Subdivision (Chandlers Gate): Acceptance of Subdivision Improvements as Complete and Authorization to Release Maintenance Bond a) A Resolution of the Town Council of the Town of Tiburon Accepting the Ned's Way Garden Homes (Chandlers Gate) Subdivision Improvements 8. Recommendation by the Director of Administrative Services - Adoption of Investment Policy for Fiscal Year 2003-2004 a) A Resolution of the Town Council of the Town of Tiburon Adopting a Statement of Investment Policy for Fiscal Year 2003-2004 REGULAR AGENDA ~_~________-,9.____Recommendation,by,Chief:of,Police--:...l?roposed,Modification.-ofcAlarm..Permit...Eees::,_________ . a) A Resolution of the Town Council of the Town of Tiburon Repealing Resolution No. 3135 and Adopting a New Alarm Fee Schedule for the Town of Tiburon 10. Recommendation by Chief of Police - Approval of Special Event Permit Application for 5th Annual RCP Tiburon Mile Open Water Swim - September 14, 2003 Agenda - Town Council Meeting June 18, 2003 Page 4 of 5 PUBLIC HEARING 11. Recommendation by Town Manager - Adoption of FY 2003-04 Municipal Budget and Enabling Resolutions a) A Resolution of the Town Council of the Town of Tiburon Adopting a Municipal Budget Plan for the Town of Tiburon and the Tiburon Redevelopment Agency for the Fiscal Year Ending June 30, 2004 b) A Resolution of the Town Council of the Town of Tiburo.n Repealing Resolution No. 30-2002 and Adopting an Amended Management Recognition and Incentive Compensation Program c) A Resolution of the Town Council of the Town of Tiburon Repealing Resolution No. 39-2002 and Adopting an Amended Mid-Management, Professional & Confidential Employees Recognition and Incentive Compensation Program d) A Resolution of the Town Council of the Town of Tiburon Memorializing a Loan from the General Fund to the Long Range Planning Fund e) A Resolution of the Town Council of the Town of Tiburon Establishing an Appropriations Limit for the Fiscal Year 2003-2004 Pursuant to Article X333 B of the Constitution of the State of California 12. Presentation by Skate Park Task Force - Task Force Report on Needs Assessment 13. Recommendation by Director of Community Development - Town-initiated Text Amendments to the Tiburon Zoning Ordinance - Modifications to Secondary Dwelling Unit Permit Process as set forth in Section 16-4.5 ofthe Tiburon Municipal Code (Section 4.05 ofthe Tiburon Zoning Ordinance), and related consistency amendments; the Addition of Regulations Requiring Site Plan and Architectural Review for Driveways and Open Parking Spaces 2nd Reading and Adoption of Ordinances '~ \~ . . . - . Read by Tit/esOnly~--~--------------------------------------------------"----------.:. a) An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 16 (Zoning) of the Tiburon Municipal Code With Respect to Secondary Dwelling Unit Regulations, Including Associated Amendments to Definitions b) An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 16 (Zoning) of the Tiburon Municipal Code Requiring Design Review for Driveways and Open Parking Spaces . ~> . . Agenda - Town Council Meeting June 18, 2003 Page 5 of 5 COUNCIL COMMITTEE AND COMMISSION REPORTS 14. Request by Vice Mayor - Funding for Property Tax Insert to 2003-2004 Marin County Property Tax Statements WRITTEN COMMUNICATIONS Town Council Weekly Digest - June 6, 2003 Town Council Weekly Digest - June 13, 2003 ADJOURNMENT UPCOMING AGENDA ITEMS - Note: These items are tentative until they appear on the final aoenda. July 2, 2003 . Standards for Secondary Dwelling Units July 16, 2003 . Heritage & Arts Commission Annual Report . Proposal to Relocate Gallows Wheels from the Belvedere-Tiburon Library to a Site Adjacent to the Donahue Building . Application for Removal of Trees along Boulevard in the vicinity of Blackie's Pasture . Award of Contract - Drainage Improvements FY 2003-04 . Proposed Drainage Impact Fee . Amendments to Sidewalk Maintenance Ordinance . Draft Grading Ordinance Future Agendas - To Be Scheduled . Proposed Jet Ski Ordinance . Raccoon Lane Undergrounding Utilities District . Creation of Downtown Business Improvement District . . Recommendation by Town Manager of Revenue Enhancement ICost Recovery Ideas . Drc:lft Qp~1} $PClceE()licyGuidelin~s ----'--.,-'"----.-.,-.--.-.,----~--.---.-Report-on".'[i6ra-ry-Exjia-nsion----------."---"--~..,--.----.,-"-.-----.---..-----------.---,.-,--.-------"----.-.-.------,---,--.-..---.-------"---'.-- .-,---,----,-.--~--'-"----.-'-----"---,.-...,--- . Appeal of Planning Commission Decision to Deny an Application to Amend the Cypress Hollow Precise Development Plan to amend a building envelope at 65 Monterey Drive; ApplicanUAppellant Eckhard Evers . r\." ~. ;~ . CALL TO ORDER J~~#I TOWN COUNCIL MINUTES eting of the Tiburon Town Council to order at 7:30 p.m. Council Chambers, 1505 Tiburon Boulevard, Tiburon, Fredericks, Slavitz, Thompson Berger, Gram Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Echols, Chief of Police Odetto, Director of Administrative Services McVeigh, Police Lieutenant Hutton, Administrative & Financial Analyst Stott, Town Clerk Crane Iacopi . CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Bargaining Unit:Management and Mid-Management/Non-Represented Employees Negotiator: Town Manager ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Slavitz said that the Council met but that no action was taken in closed session. .-.---------'QRAb-'G0MMUNI €-'A'FIONS=-"-"=-"~':-------------'----- ------.-.--...:---------.:-',--'-------------- . Two gentlemen addressed the Council about the world-wide practice of Falun Gong and said that they were raising awareness about the incarceration of a Menlo Park resident (and others) by the Chinese government for the practice ofFalun Gong. Town Council Minutes # ]4-:2003 June 4, 2003 Page] .-~ CONSENT CALENDAR 1. Recommendationby Town Clerk - Resolutions Pertaining to November 4, 2003 Municipal Election . a)' A Resolution of the Town Council of the Town of Tiburon Ordering and Calling a Municipal Election in the Town of Tiburon on November 4,2003 for the Purpose of Electing Two Councilmembers b) A Resolution of the Town Council of The Town of Tiburon Requesting the Marin County Board of Supervisors to Consolidate the Election and Authorize the County Clerk to Render Services Regarding the Municipal Election to be Held on November 4, 2003 2. Recommendation by Town Manager - Resolution Commemorating Steve Sears and Brian Wilson on the 25th Anniversary as Owners and Operators of Sam's Anchor Cafe a) A Resolution of the Town Council of the Town of Tiburon Commending Steve Sears and Brian Wilson for their 25 Years of Business in the Tiburon Community as Owners of Sam's Anchor Cafe . . 3. Recommendation by Director of Public Worksrrown Engineer - Approval of Plans & Specifications for the 2003 Drainage Improvement Program MOTION: Moved: Vote: To adopt Consent Calendar Items 1 through 3, above. Fredericks, seconded by Thompson AYES: Unanimous ABSENT: Berger, Gram REGULAR AGENDA 4. R.eco~m~ndatiC)nbY.I~i!ector C)fPublic Works(fown Engineer-Del MarValley Undergrounding ofUtiTities Assessment District a) A Resolution ofthe Town Council of the Town of Tiburon of Intention to Make Acquisitions and Improvements - Del Mar Valley Utility Undergrounding Assessment District Director of Public W orks/T own Engineer Echols gave the report which stated that 116 property owners and had submitted petitions in support of the undergrounding district along with checks in the amount of$110,000. He said that according to Town policy, sufficient interest had been Town Council Minutes # 14-2003 June 4, 2003 Page 2 . " . . shown (over 60% of the affected parcels) and that sufficient funds had been collected to coverthe "up front" costs of engineering studies and related costs in order to move forward with district formation. The Director of Public Works also said he had spoken with an interested resident from Hawthorne Terrace whose property was not contiguous to the proposed district but whose property fed off a power line in the. district, who wanted to join the district. He brought this to the. attention of Council in the event that the boundary map submitted by the proponents might be amended prior to adoption. Mr. Echols said that the district organizers, Henry Broderick and June Strunk, were in the audience along with the proposed engineers of record from Harris & Associates (Gary Lee and Mike Cooper). Council waived a formal presentation and Mayor Slavitz opened the public hearing. John Tripp, 104 Howard Drive, who stated that he was a proponent of under grounding, asked the Council to delay adoption of a resolution of intention until a new petition was circulated that did not have "erroneous" or misleading language pertaining to equal assessments. He said that the Town Council policy adopted on April 16, 2003 specifically stated that assessments would be based on th.e benefit received, which in other districts had been as high as 4:1. Mr. Tripp said that some people might not have signed the petition if the information had been stated accordingly. In response to a question from Council, Director of Public Works/Town Engineer Echols said that the engineers of record would survey each property in order to determine a formula on which to base the assessment. Mr. Tripp argued that the petition said that it would be equal. June Strunk, organizer, said that the language on the petition had been taken directly from the Lyford Cove Undergrounding District petition which had not seemed to cause any problems. Councilmember Thompson asked if anyone in the audience wanted to withdraw their petition or h<weth.eircl1eckreturIled t() theIll attl1is tiIlle. No one came forward but a number of other ..... . ......... ..... .... .-....----~--,-=peopte-sal(hlfeyliad queS1:ions-ana~neeaea-'-more iiifoiIDation-:-.-------.-------~-------------.--.---------:...:.:.-- . Ron Kosiescu, 402 Hilary Drive, asked whether it was a requirement to have an equal assessment. Town Attorney Danforth said that it was not; that the engineers used their best judgment in determining a benefit spread. She didnote, however, that the Council had to approve the engineer's report and that if the COurlcil determined that it was somehow inaccurate, it could Town Council Minutes # 14-2003 June 4,2003 Page 3 \ -, " reject it or otherwise request further action. Ms. Danforth said that the benefit spread and assessment was not determined until after the engineers had completed their work. . Gary Harker, 24 Noche Vista, said that six homes on Hacienda also wanted tot be included in the district. He said that the benefits of undergrounding were great and with high winds in their area, it was essential. Mr. Harker said that as a father of school-age children, he wanted to have access to high-speed internet lines. Gary Runes, 144 Porto Marino, said he was not in favor ofapportionrnent but rather, an equal assessment. He said that anyone driving up A venida Miraflores would benefit by the elimination of the many utility poles on that street. Pat Doyle, 115 A venida Miraflores, asked how much the per parcel assessment might be. Director Echols said that the Stewart Drive project assessed $17,000 per parcel for the right-of- way work, phis an additional $1,000-$2,500 for individual hook-ups. He said that the average total cost was $20,000 per parcel. In addition, Mr. Echols said that up to 10% of the bond proceeds could be used by the district to fund the individual hook-ups. Town Attorney Danforth said that property owners could pay the assessments up front (at a discount) or over time. Councilmember Thompson said that the assessment ran with the land and was not a lien on the individual owner if the property was sold. . Paula Kulp, 115 Geldert Drive, said that if only $110,000 was collected from 116 households, the percentage appeared to be less than the 60 % requirement (she calculated 58.8%). , Director Echols said that as long as the total dollars collected in subscription deposits covered the cost of the "upfront work," it met the Town's requirements (in addition to the petitions). Tony Molford, 102 Howard Drive, said he agreed with Mr. Tripp. He said he was disappointed in the proponents for failing to state that the benefit would be apportioned. He asked Council to delay the vote in order for the proponents to recirculate the petition in case people had been misled. -----_._~~~----~-~~~-----_.~-----,._-'_._-~---~----~---_._---------_.._,-_._-~-_._---------~-----.--_._._-------_._._..._----~------------~-~---------'-_..- Yvonne Riedden, 85 Rowley Circle, said that she had attended the April 16 Town Council meeting and congratulated the Council for adopting a policy that spoke of apportioned benefits. She said that she hoped the engineers or record would take the different topographies and views into account in their study. Joan McFetridge, Porto Marino, said she feared her assessment might go as high as $65,000 or $70,000. She also complained of unsightly metal plates in the street in the vicinity of Stewart Drive, which she said had come about as a result of that undergrounding project. Town Council Minutes # 14-2003 June 4, 2003 Page 4 . ~ .' . . " Director of Public Works Echols said that the plates were installed as part of a street improvement project unrelated to the undergrounding. Priscilla Tripp; 104 Howard Drive, submitted a letter from resident Ted Gazulis who could not be present. She read the last paragraph of the letter which urged the Council "to refrain from taking action, either favorable or unfavorable, on the proposed district until a factually correct petition has been recirculated. Doing otherwise would set a dangerous precedent, namely, that petitions submitted to property owners for consideration by the Town Council need not be factually accurate." Mayor Slavitz asked the Town Attorney to address the question of the wording ofthe petition. She said that the petition was required by the Town as a preliminary show of support and as the process evolved, some people might change their minds based on the amount of the assessment, once it was determined. She reiterated that the Town used the petition for its internal purposes only and that no particular language was mandated. Ms. Tripp also asked for clarification of the wording of Section 5 of the proposed resolution of intention. Town Attorney Danforth said that particular section pertained to the work performed on private property. If the property owner consents to the work, the cost would be assessed to said property owner for the lateral service connection. She also asked about the wording in . Section lO(b) pertaining to "zones." The Town Engineer said that the zones referred to areas that would be assessed differently if they feed onto a different grid or one outside the district, as in the case of the homes on Hawthorne Terrace.' Ms. Tripp said that both State law and the Town's adopted policy contained language pointing to assessment relating to benefit. Jean Lin, 30 Geldert Drive, asked some questions about the petition and the assessment process. Mayor Slavitz that she would have an opportunity to vote via a mail ballot either for or against the district,and that a majority vote was required in order to form the district. Valerie Bergmann, President of the Del Mar Homeowner's Association, asked how the school district property would be assessed. She also told that Council that she hoped they would be prudent so as not to leave "a neighborhood divided." . Mike Cooper of Harris & Associates answered the first of Ms. Bergmann's questions-. He said that since the passage of Proposition 218, public parcels could not be ignored and that the engineers would indeed evaluate the parcel to determine the benefit and apportionment. He said that everyone was sensitive to the schools' budgetary concerns but stated that he was required to make a determination by law and would work closely with bond counsel on this issue. Mr. Cooper also said that the parcel where the convalescent hospital was located on Hacienda Drive would be similarly evaluated. He said that the work of the engineers of record was to Town Council Minutes # 14-2003 June 4, 2003 Page 5 \. fairly determine the assessment in proportion tothe benefit received, for all properties in the district. .. VictorZsuftka, 158 Stewart Drive, advised against recirculating the petition aild said that 62% had supported an equal assessment. He said that there was so much more to undergrounding than view enhancement, such as safety and reliability of services which accounted for at least 80% of the equation. He wished the proponents well. In response to a question from Mayor Slavitz, Town Attorney Danforth said that if the Council was uncomfortable with the issue of the petition language, it could take steps to create certainty, such as continuing the item and sending a letter to the residents clarifying that the amounts assessed might not be equal. Ray Benvenuti, 408 Hilary Drive, said the apportionment argument could work both for or against the advocates. Gary Runes, 144 Porto Marino, said a letter had already been circulated to residents that explained the issue. After reading a copy of the letter submitted as late mail, Town Attorney Danforth concurred. Vice Mayor Fredericks asked Ms. Strunk if the Del Mar homeowners had had other opportunities to ask questions and discuss these issues. Ms. Strunk said that a special meeting of the Del Mar homeowners had been conducted at Town Hall. She said that over 100 homeowners attended and the engineers of record had been present to answer questions. Strunk also said that there had been a story in the Ark, and that a letter had been circulated by the Tripps [and others] referenced above. . Mike Cooper said that he and engineer Joan Cox had made clear at the Town Hall homeowners' meeting the methodology they used to determine assessments. He said that the methods varied and the assessments were never the same because each district was different. Karen Jones, 75 Hacienda Drive, said that the residents on her street were all aware of the assessment and benefit apportionment issue. ---.-----lI.~i~:=---.S-:I-::-c.'t.------"I.c--'::=d:.::"k ::::cc:=k'l"":: -t..-==':: " .' .......=. . IVlayor a':l Z c ose me puu !cueafing..--------------------------------------'---------------------'-------- Councilmember Thompson said that he was pleased that everyone had expressed support for undergrounding and the betterment of the community, even if they disagreed about some of the issues. He acknowledged that the process was complicated but said he was confident that "we will work through it together." Thompson said he would support formation of the district. Vice Mayor Fredericks said that given the opportunities presented to the Del Mar Valley property owners to ask questions and gather information, it was unlikely that there was a "silent majority" Town Council Minutes # 14-2003 June 4, 2003 Page 6 . . . . in opposition to the district. She also noted that this was not the meeting wherein assessments were decided or voted upon. The Vice Mayor said thatin most cases she had heard about, people were happy with the results and that the districts usually worked. She too expressed her support of formation of the Del Mar fu~ . Mayor Slavitz concurred. He said that the goal of the Town was to underground utility poles and that formation of this district would benefit the Town, the neighborhood, and the community as a whole. He said that the opponents could continue to ask questions of the district engineers and attempt to dissuade others, if desired, to vote against formation of the district. MOTION: Moved: Vote: To adopt the Del Mar Valley Undergrounding District Resolution of Intention. Thompson, seconded by Fredericks AYES: Unanimous ABSENT: Berger, Gram 5. Presentation by Town Manager - Proposed Municipal Budget Plan for Fiscal Year . 2003-04 Town Manager. McIntyre introduced the item which was followed by a power point presentation by Financial Analyst Brian Stott along with detailed information from four Department Heads- Heidi McVeigh (Administrative Services); Scott Anderson (Community Development); Matt .Odetto (Police); and Pat Echols (Public Works). The Town Manager said that Council was being presented with a balanced budget. In his presentation, Mr; Stott pointed out that certain State fund revenue sources shown in previous year's budgets, such as the Vehicle License Fee, ERAF, SB90 reimbursement and POST, were eliminated from the current year budget; nevertheless, Stott said that Staff estimated an operating budget surplus of $280,000. Town Manager McIntyre said that a final version of the budget would be presented for adoption at the next meeting. PUBLIC HEARING --~----~-_._--~--~----------------~------_._------------.."."--..-..-.---------.- 6. Recommendation by Town Manager - Approval of Mill Valley Refuse Service Rate Adjustment In his report, Town Manager McIntyre said that Mill Valley Refuse Service (MVRS) was entitled to an automatic annual rate increase tied to the CPI per its franchise agreement with the Town. McIntyre said that the current MVRS application for arate increase in the amount of 8.09% beginning July 1,2003 and 8.09% on July 1,2004, far exceeded the CPI. He said that this was based upon the company's planned introduction of certain operational and accounting. Town Council Minutes # 14-2003 June 4, 2003 Page 7 \ efficiencies, such as a modernized fleet, changes to its collection and disposal practices of recyclables and refuse, and improved accounting practices. . Mr. McIntyre also said that Richard Gertman of Environmental Planning Consultants had been retained by the affected agencies and that his analysis of the rate application had found it to be in order. Based on the above information and given the significant nature ofthe rate request, McIntyre recommended that the Council approve the initial 8.09% increase and defer approval of the second year's increase and tie it to actual measured and proven improvements in efficiency and customer service. The Town Manager recommended that the Council ask for another presentation from MVRS in March 2004 and said that MVRS had agreed to retain Mr. Gertman to do another analysis at its own cost at that time. Mr. Kevan Mullins, MVRS Controller, said that the company had wanted a 16% increase in the first year to cover a 13% increase in operating expenses, a 7% increase in insurance premiums, 3% increase in new equipment costs, and 1.5% union contract expenses, but that they were only asking for half. Mayor Slavitz asked whether it was appropriate for the public to pay for accounting deficiencies. Mr. Mullins replied that the company disputed some of the outside auditor's statements but said that the company was introducing a new accounting system which would aid it in its billing and collections. Other efficienCies would be created through the use of trucks with larger.bins and compacting capabilities; the introduction of single stream recycling and possible bi-weekly pick- ups, according to Mullins. He said that single stream recycling would reduce costs by 4%, or an estimated $40,000 per year. . Vice Mayor Fredericks expressed concern about the "crunching noise" a truck's compactor would make. Mr. Mullins said that the trucks currently in use by the company did not "crunch" but that they had the same number of moving parts as the new ones. The Mayor expressed his concerns to Mr. Mullins concerning the size of the proposed "blue -~~---cariS"::Ior-recyclliigan(raske(t=:tl1afiliecompany.make.. goO(f.onIts-promlse::io::alIowcusiomefsto~-_._-------_::_- receive smaller versions of those cans that had been discussed in an April 2003 Council meeting, rather than "rolling out" 68-gallon cans to all customers. Mr. Mullins said that that plan was to initially deliver the larger cans to all customers, but he said that the company would send out a mailer to all customers concerning this subject. He said that the new cans would be distributed in July or August of2003. Town Council Minutes # 14-2003 June 4, 2003 Page 8, . .J . Vice Mayor Fredericks asked if the rate 'increase was based, in part, on the continuation of weekly recycling. She asked if there was a possibility of a rebate or renegotiating the rate next year on the basis of changes to this system. She warned, however, that every other week pick ups would lead to blue cans being left on the sidewalk for lengthy periods of time, and suggested the use of just one can to be used alternatively for yard waste andrecyclables on a bi-weekly basis. Mr. Mullins said that the color designations were industry standard (blue cans for recycling and green cans for yard waste) and should be adhered to. Town Manager McIntyre reiterated the importance of informing and educating the community about these proposed changes. Mayor Slavitz asked about the "evergreen clause" in the franchise agreement which allowed for a la-year notice period for cancellation of the contract. He said that he meant no offense to the refuse service but suggested that,. as stewards of public funds, the Council should be in a position to renegotiate the contract, if necessary. He asked Staff to return to Council with information about how the Council could set the 1 a-year clock in motion. During public comment, Helen Lindqvist, Cazadero Lane, said that while.she was an avid recycler she would not use even use a smaller, 34-gallon can every other week. She said that many people in old Tiburon did not have a place to store a new, large blue can. . Wally Quinn, another resident of Lyford's Cove/Old Tiburon resident, said that the Town needed an ordinance to require that green cans be put away, or to take them away from people if they did not. He said that the Town should put it toa public vote to see if people really wanted the blue cans. In response to a question from Council, Town Manager McIntyre said that other cities did have ordinances regulating trash receptacles on the street, but noted that those cities also had code enforcement officers which Tiburon did not. Sue Quinn said that the rates for refuse collection in San Francisco had gone down and questioned why the Marin rates were going up. Councilmember Thompson said that while no one liked a rate increase, the independent auditor ---~'----C===C=liad~-sai(fitwas~warrantedCwhich=madeCitcdifficii1no'-coritest;C'-He~said:thafheCthoiightCthe~c~--._----------- uniformity of can colors was good and that the choice as to whether or not to receive one of the new cans was also good. He said that the large cans (both green and blue) were hard to move around, especially up for elderly people and those residents with steep driveways. Vice Mayor Fredericks concurred. She recommended that Council's review of the contract in the coming year should be explicitly based on specific factors and contingencies. She also agreed with the Mayor's recommendation to "close" the la-year window on the contract. . Town Council Minutes # 14-2003 June 4, 2003 . Page 9 With direction to Staff to return with additional information, Council agreed to the first-year rate . increase, as recommended by the Town Manager. 7. Recommendation by Director of Community Development - Town-initiated Text Amendments to the Tiburon Zoning Ordinance - Modifications to Secondary Dwelling Unit Permit Process as set forth in Section 16-4.5 of the Tiburon Municipal Code (Section 4.05 of the Tiburon Zoning Ordinance), and related consistency amendments; the Addition of Regulations Requiring Site Plan and Architectural Review for Driveways and Open Parking Spaces Introduction and rt Reading of Ordinances/Read by Titles Only a) An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 16 (Zoning) of the Tiburon Municipal Code With Respect to Secondary Dwelling Unit Regulations, Including Associated Amendments to Definitions b) An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 16 (Zoning) of the Tiburon Municipal Code Requiring Design Review for Driveways and Open Parking Spaces Director of Community Development gave the report on the proposed ordinances. - He stated that the Planning Commission was continuing to fine tune the regulations pertaining to secondary dwellings in (a) above and would have a version ready for final adoption at the July 2,2003 Town Council meeting. . Director Anderson said that-the Commission had looked at data from other communities on the issue of regulating parking in front yards (b) and had decided that the best way to address the issue in Tiburon, due to the diversity of lot size, topography and other factors, was through the mechanism of design review. Anderson said that the proposed process of review would be at the Staff level with the option of "bumping up" to the Board. During public comment, Barry Kahn said that he did not think that the proposed ordinance went far enough in addressing the issue of front yard parking, nor was he certain it addressed actually would regulate it at all. Director Anderson said that it did. Mr. Kahn said that the ----~---~eouncifsliould'ljan=parkirig=iirfront:yardsoutrigliftather'=tharFskirtih!ftlie:.issue;====----~----------------- Mayor Slavitz closed the public hearing. MOTION: Moved: Vote: To read ordinance (a) by title only. Thompson, seconded by Fredericks AYES: Unanimous Town Council Minutes # 14-2003 June 4, 2003 Page 10 . . Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon amending Chapter 16 (Zoning) of the Tiburon Municipal Code with respect to secondary dwelling unit regulations, including amendments to definitions." MOTION: Moved: Vote: MOTION: Moved: Vote: To pass first reading of (a) above. Fredericks, seconded by Thompson AYES: Unanimous To read ordinance (b) by title only. Thompson, seconded by Fredericks AYES: Unanimous ABSENT: Berger, Gram Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon amending Chapter 16 (Zoning) of the Tiburon Municipal Code requiring design review for driveways and open parking spaces." MOTION: Moved: Vote: To pass first reading of above ordinance. Fredericks, seconded by Thompson AYES: Fredericks, Slavitz, Thompson ABSENT: Berger, Gram 8. Recommendation by Director of Community Development - Town-initiated Text Amendments to.the Tiburon Zoning Ordinance - Modified Regulations Regarding Detached Two-Family Dwellings in the R-2 Zone; New and Modified Definitions; Establishment of New Regulations Regarding Parking Areas and Parking Lots . 2nd Reading and Adoption of Ordinance Read by Title Only a) An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 16 (Zoning) of the Tiburon Municipal Code Director of Community Development Anderson gave a brief presentation, reiterating the .~--~-~-----'actiori:tak.eri'-Dy'eo1.iriciFat'its'-lasfriieeting:=--------------~-~------------------------.---------------------- Mayor Slavitz opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: . To read Ordinance ,by title only Fredericks, seconded by Thompson AYES: Unanimous ABSENT: Berger, Gram Town Council Minutes # 14-2003 June 4, 2003 Page 11 ~, Mayor Slavitz read, "An Ordinance of the Town Council of the Town ofTiburon amending . Chapter 16 (Zoning) of the Tiburon Municipal Code." MOTION: Moved: Vote: To adopt above Ordinance. Thompson, seconded by Fredericks A YES: Fredericks, Slavitz, And Thompson ABSENT: Berger, dram COUNCIL COMMITTEE AND COMMISSION REPORTS Vice Mayor Fredericks said thatSouthem Marin (and Tiburon) were the firstto appoint representatives to the CMA CAC. WRITTEN COMMUNICA nONS Town Council Weekly Digest - May 23, 2003 Town Manager McIntyre noted the letter from Library Agency boardmember Allan Bortel seeking reappointment. Town Council Weekly Digest - May 30, 2003 . Town Manager McIntyre noted the letter from Director of Community Development in response to MERA's "degree of risk" forms. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 10:32 p.m., sine die. -----------_.-~------._-----------'_._-----------------,._-~----------------_._--,--_._--"---------_._-------".._---._---------"."------_._.__._-_._~--~ JEFF SLA VITZ, MA YOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 14-2003 June 4, 2003 Page 12 . /' . . . Town of Tiburon STAFF REPORT AGENDA ITEM 2- . . . . . . . . . . . . . . . . . . . . . . . .- . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR SLAVITZ AND TOWN COUNCIL FROM: TOWN CLERK CRANE IACOPI SUBJECT: APPOINTMENT TO LIBRARY BOARD OF DIRECTORS MEETING DATE: June 18,2003. REVIEWED BY: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND The bylaws of the Belvedere-Tiburon Library Agency, formed under the auspices of the Town of Tiburon and City of Belvedere (Joint Powers Agreement), provides for the appointment of three representatives to the Board from the Town of Tiburon. Boardmembers (other than charter members) are entitled to serve two consecutive terms; one three-year term followed by one two- year term. The first term of Tiburon Boardmember Allan Bortel will expire on June 30, 2003. Mr. Bortel is eligible for reappointment to a second term as described above. On May 22, 2003, Mr. Bortel sent a letter to the Town expressing his interest in serving another term (see Exhibit A). Pursuant to Town Council appointments policy (Resolution 3263), a notice of the pending vacancy (Exhibit B) was published in the Ark newspaper and was posted at the library and Town Hall. No other interested parties applied for the position as of the deadline; therefore no interviews were scheduled for the Council to interview any other applicants. RECOMMENDATION That the Council consider the reappointment of Allan Bortel to the Library Board of Trustees to a two-year term at its June 18, 2003 regular meeting. .._--....... ~...- . _.. ____'""".,._._____.v.__.._____...._..._."_'.._.._'.._.___.."......_._._._m ,..._____..,..._"..~_,_,_.._..,..__.,"'".""_".,_...._._...,.._._.~,..,..__,___._,.,.'v__"'_.._..._.__. ."""_'"''_''_'__''_.'____''.''''' ...,~.,_._-- ._.. -..... ...----- n" __.._"__..._.._'_.___,_. Diane Crane lacopi Town Clerk EXHIBITS Letter from Allan Bortel Notice of Pending Vacancy :. . . . ALLAN G. BORTEL 8 CORTE PALOS VERDES TIBURON, CA 94920 (415) 435-3988 invemess@earthlink.net Diane Crane Iacopi Office of Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Diane: 5(')..")..fc,,'$, ijU[UH~ ~ MAY 22 2003 ~ TOWN CLERK TOWN OF TIBURON I have enjoyed the last three years representing Tiburon as a trustee on the Belvedere- . Tiburon Library Agency Board. . I would very much like to be appointed for ~ flifr) year term. ~ Allan Bortel . [vLI.j A . TOWN OF TIBURON NOTICE OF PENDING VACANCY (Town Boards, Commissions & Committees) 2003 BELVEDERElTmURON LmRARY AGENCY - BOARD OF TRUSTEES (Statutory Authority: Govt. Code Section 6500 et seq. & Joint Powers Agreement for . Belvedere/Tiburon Library. POSITION: TERM: TRUSTEE - TOWN OF TIBURON 2 Years - (coinciding with fiscal year beginning July 1) Qualifications: Applicants should be residents of the Town of Tiburon and have the interest, desire, and time available to serve on the Board, including attendance at regular monthly meetings and other activities. . The following is a pending vacancy on the Board: 1) Aooointee Allan Bortel Date Aooointed June 2000 Date Resil!ned N/A Term Exoires June 30, 2003 Mr. Bortel is completing his first term on the Board and is eligible for reappointment. Interested residents can pick up an application or send a letter of interest to the Town Clerk Diane Crane Iacopi at Tiburon Town Hall; 1505 Tiburon Blvd., Tiburon CA 94920, or call 43S: 7~77 f()r 1ll0r:~infol"m2.ltj()n. Deadline for receipt of applications: Mav 30. 2003 cc: The Ark Marin Independent Journal Notice Posted at Office ofTiburon Town Clerk and BelvederelTiburon Library on May 15 & 23, 2003. Town Council . ~.,W J r).......,' /' ? (\ . . . Town ofTiburon STAFF REPORT . AGENDA ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Members of the Town Council Heidi McVeigh, Director of Administrative Services ~ Authorize Business License Revenue and Compliance i~ June 18, 2003 REVIEWED BY:~ FROM: SUBJECT: MEETING DATE: BACKGROUND At its March 19, 2003 meeting, the Town Council recommended that staff retain a consultant to perform a revenue and compliance audit of Town business license program. The Town has identified Municipal Analytics, LLC to perform a business license tax audit. The attached agreement outlines the services to be provided at a contract price of $5,460, plus miscellaneous expenses. It is anticipated that out-of-pocket expenses will be less than $500, and that County record and data charges will not be incurred, as this information is being provided to the Town by our property tax audit consultant, HdL Company. Staff is unable to estimate what level of revenue may be recovered from this audit, but it is anticipated revenues realized will minimally pay for the audit, and the Town should recognize additional revenues in future years. Funds for this audit have been budgeted for in the 2003-04 Municipal Budget. RECOMMENDATION It is recommended that the Town Council approve the agreement and authorize its execution by the Town Manager to retain Municipal Analytics, LLC to perform a revenue and compliance audit of Town business license taxes. Attachment . . . AGREEMENT FOR AUDIT SERVICES - TOWN OF BUSINESS LICENSE TAX THIS AGREEMENT, made and entered this _ day of ,2003, by and between the TOWN OF TffiURON, a political subdivision ofthe State of California, hereinafter called "Town," and MUNICIPAL ANAL YTICS, LLC, hereinafter referred to as "Consultant," RECITALS A. The Town wishes to ensure compliance with its Business License Tax ordinance and therefore has decided to retain a profession with experience and skill in managing compliance with similar tax ordinances. B. Consultant has experience and skill in reviewing compliance with business license tax ordinances; reporting on compliance to taxing authorities and assisting in the proper collection ofthe tax. C. The parties wish to contract for the Consultant to provide the services described in Exhibit A ("Services"), which are attached hereto and incorporated herein by reference. AGREEMENT 1. Scope of Consultant Services. Consultant shall perform those Services described in Exhibit A. Consultant may subcontract out certain ofthe Services to other Consultants only as may be approved in advance in writing by Town. In the event of such subcontracting, Consultant shall remain responsible for the full performance of such services. 2. Compensation. Consultant's fee for the Services shall be five thousand, four hundred and sixty dollars ($5,460), plus addition out of pocket expenses up to a maximum of two hundred dollars ($200),. as set forth in Exhibit A. This shall be payment in full for all Services. Consultant shall submit invoices as set forth in Exhibit A, the last invoice being submitted after satisfactory completion of the Services. Payments shall be due thirty days after submission of each invoice. Standard of ~()rk: ..!J:!.<!~~i!Y'c.g<!l?:~.~!!<i:l:!t_s..hl:!n:p~!:f(:l:r.r)::1.JI1~~~<?1."Y:!~~~:i!!::~_sJgJlfu.1..aJ1(t i)rofesslonar manner compatible with the usual, customary standard of Consultant's profession. Consultant shall indemnify, defend and hold Town harmless from and against claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a negligent act or omission of Consultant's in the performance of the Services pursuant to this Agreement. 4. . Consultant as Independent Contractor. Consultant (including its agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Consultant shall maintain complete control of its operations and personnel and shall be solely liable and C:\Documents and 8ettings\hmcveigh.TIBURON.OOOILocal Settings I Temporary Internet FileslOLK31 \Agreement for Bus. License Audit Municipal Analytics.doc 1 j responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. . 5. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Consultant's records and accounts of expenditures and program activities at its own expense. Consultant shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 6. Ownership of Documents. All documents, including drawings and specifications prepared by Consultant pursuant to this Agreement shall be the property of Town. 7. Termination of Contract. Either party shall have the right to terminate this agreement after 10 days written notice to the other party. In such event, Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to the contract, and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 8. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor permit others he may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 9. Miscellaneous. . A. Other Contract Provisions. Other contract provisions are set forth in Exhibit A and Exhibit 1. To the extent that there are any inconsistencies with these Exhibits and the other portions of this Agreement, the latter shall prevail. . B. Governing Law. This Agreement shall be governed by the laws of the State of California. C. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability ofthe remaining portions shall not be affected unless the effect thereof would materially chang~the economic burden on ":Cei'ti1er'p~art~':' ... -. ."....... ....... ..:c.,.:......._.:..:... -- ... ..:'.:':.: =-- ..'. . . D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. E. Entire Agreement: Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. . , c: IDocuments andSettingslhmcveigh. TIBURON. OOOILocal Settings I Temporary Internet FileslOLK31 \Agreement for Bus. License Audit Municipal Analytics.doc 2 IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to . execute this Agreement the day and year above written. . . MUNIC~AL ANAL YTICS, LLC TOWN OF TIBURON By: By: Alex D. McIntyre, Town Manager Its: APPROVED AS TO FORM: Ann R. Danforth, Town Attorney C:\Documents and Settingslhmcveigh.TIBURONOOOlLocal Settings \ Temporary Internet Files\OLK31 \Agreement for Bus. License Audit Municipal Analytics.doc 3 . , PROPOSAL FOR BUSINESS LICENSE REVENUE COMPLIANCE AUDIT SERVICES Town of Tiburon, California Presented to Ms. Heidi McVeigh Director of Administrative Services Town of Tiburon 1"505 Tiburon Boulevard Tiburon, California 94920 ~_9y_1JL?Q93 __ --.--- .-. -+ .~ - - .-- _. _. - - __ ~. - __ . ._. .._~ - - .._ - - _____________ _.._..... _____... - ,.__. _______._ _,", ._____.____.____ ~__. .,_ - __.~ _____ ___0.__--"" _".' _ + ..IICIPllllllnICS, llC 12003 Yearling Street Cerritos, California 90703-7616 (562) 860-8137 (Jiq}?G:I (7P-i '- OJ U 5" } . . . J r, ,( . . Draft Proposal for Business License Revenue Audit Ms. Heidi McVeigh Town of Tiburon May 11,2003 Ms. Heidi McVeigh Director of Administrative Services Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 Dear Ms. McVeigh: MA, LIc is pleased to present you with a brief proposal for Business License Revenue Compliance Audit Services that follows below. We will wait to hear from you. With regards Sincerely Partho MandaI 562-860-8137 . Draft Proposal for Business License Revenue Audit Ms. Heidi McVeigh Town of Tiburon May 11, 2003 Introduction to Municipal Analytics, Lie:. Municipal Analytics, Lie was founded in May 1999 and is Tax Revenue. Management consulting firm. The mission of Municipal Analytics is to empower cities to pursue its own revenue enhancement strategies. The strengths of Municipal Analytics include expertise in the following areas: · Government Revenue auditing · Information and analytical systems · Database and data consolidation applications for municipalities · Internet applications and web interfaces · Revenue forecasts, projections and impact analyses · Disclosure and due diligence for bonds and other debt issues · Redevelopment projects and analysis Services to Local Governments and Agencies · Revenue Management: Revenue Auditing (Sales Tax, Property Tax, Business License, Transient Occupancy Tax and Utility Users Tax), Revenue Information, Forecasting and Analytical Systems. · Provide computerized information systems, data systems and data consolidation programs · Consulting Services: In addition to Revenue Management services, MA, LIc provides consulting services in the areas of Fiscal Policy Studies, Fiscal Policy Decision Support, Economic Development, Business Attraction and Retention, Sales Tax and Use Tax Consulting, and Redevelopment Consulting. Software & Analytical Tools · As an integral part of these services we provide proprietary leading-edge software and analytical tools. Services include both audit discovery information systems and comprehensive GIS-based decision support systems for local government managers. . UniRevTM Revenue Management System provides computer analytical toolsformaxiIIlization of tax revenue for the .. . _."local govelillllenfcc. :U": C_...:.:'::::.::::::":.. ..co:::.'--.:........... . FINeCOMpTM System is a part of the Revenue Management System that provides a financial comparison among the city's peer group in California . One Account Tag An Invoice Consolidation Program creates a unique sequential identifier tag for all constituents of the municipalities, who will be presented one single invoice from the city. The One Account Tag will be a unique reference number for that entity and will be used for billing and for retrieval of information. for the city. Municipal AnalJlles, lie Page 3 of 6 ~ 4 ~); . . . Draft Proposal for Business License Revenue Audit Ms. Heidi McVeigh Town of Tiburon . May 11,2003 Scope of Services Proposed: Municipal Analytics, LLC is pleased to provide this draft proposal to the Town of Tiburon. The general scope of the services to be provided will include the following servIces: FEATURES OF SERVICES 1: Audit of all Business for Licenses in the Town iurisdiction: . 1. Compile existing list of Businesses a. Using Current Business License Data from City b. Using data merging methods with data bases: i. Unsecured Property Tax 11. Sales Tax (subject to permission of confidentiality) 111. Building Permit data from City IV. Business White Pages v. Business Yellow Pages vi. E business directory (if available for the Town) c. Isolate businesses delinquent in paying taxes d. Physical canvassing of businesses 2. List unlicensed business as discovered by data merging and physical canvassing 3. Assessment of Delinquency a. Assess delinquent tax payers for unpaid taxes 4. Assessment of Underpayment . a. Using Sales Tax Records assess underpayment of businesses with sales permits b. Using Property Tax data sources test for underpayment c. Telephone Canvassing d. Physical canvassing 5. !~stfor exeIl1J>tio~sper!o\\rn or~iIl~ce.. ........................... .... .............. ................. ................. ......... ............... .......:. ..... ...... ... ." .: ca::C:UsingexerripHondataCfiled~witndty~ complete. sample tests for exemptioIl ... verification 2: Report on Delinauencv and Underpayment . 1. Report and Data Base on all businesses (licensed and unlicensed) identified by this Audit 2. Report on compliance status of identified businesses 3. Report and estimate of delinquent and unpaid taxes 4. Report on Exempted business Draft Proposal for Business License Revenue Audit Ms. Heidi McVeigh Town of Tiburon May 11,2003 . 3: Preparin!! and Sendin!! Dunnin!! Notices to Delinquents 1. Prepare notices and address lists for delinquent, underpaid and unpaid businesses 2. In consultation with Town staff, mail notices to delinquents and unpaid businesses 4: Collection and follow-up 1. Assist Town in tracking the assessments and collection of paym.ents of delinquent taxes 2. Sending second or third round of reminder notices to delinquents and unpaid businesses 5: Closin!! Report and Evaluation of Business License Ordinance and Software MA, LIc will evaluate the Town's business license ordinance and business license software and provide recommendations based on the evaluations TIMING and DELIVERABLES . It is expected that the Audit Process will complete in a period of 90 days from the execution of an agreement. In general the following sequential time table will be followed: 1: Data Collection and Data preparation - 2 weeks 2: Assessment of Delinquency and Underpayment - 3 Weeks 3: Four Reports on Delinquency and Underpayment - 1 week 4: Preparation of Notices, address lists and Mailings -1 week 5: Follow-up, Reminders, and closure of Audit - 4 weeks 6: Final closing report and evaluation of ordinance and software - 1 week . Municipal Analvtlcs, llc Page 5 of 6 .r;, Draft Proposal for Business License Revenue Audit Ms. Heidi McVeigh Town ofTiburon . May 11,2003 Compensation: The compensation package is shown as below: 1. Fixed Fee Charges: Audit Database and Reports: $4,960.00 Mailing Notices and follow-up: Total Fixed Charges 500;00 $5,460.00 2. Other Charges & Expenses: 1. County Record and Data Charges 2. Mailing expenses 3. Out of pocket expenses not to exceed $200 Fixed Fee, Charges and Expenses will be invoiced in 3 monthly installments of $1,820 . each; the last invoice will include all balance allowable expenses. . :;r . .: . . . Town of Tiburon AGENDA ITEM L STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Members of the Town Council Heidi McVeigh, Director of Administrative service~ FROM: SUBJECT: Tiburon Ferry Dock Project Final Accounting and Request to Transfer Funds MEETING DATE: June 18, 2003 .~\ REVIEWED BY:~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ." . On March 5,2003, the Town Council authorized Staff to issue the notice of completion for the Tiburon Ferry Plaza Project. All expenditures related to the project have now been released. The actual costs for the Tiburon Ferry Plaza Project were: Tiburon Ferry Plaza Proiect Expenditures DCV IL Schwartz Engineers LSA J. McLane & Associates Miller Pacific Moritz Noble Maggoria Ghilotti Misc. Permits, Consultants Electrical Engineer Project Engineer Environmental Consultant Architect Soils Engineer ArbQrist Structural Engineer Construction Miscellaneous 9,614.42 133,508.33 . 16,267.87 91,473.92 4600.00 2693.35 17,825.20 730,014.30 3,222.50 Town of Tiburon STAFF REPORT The table below illustrates the sources used to fund the Ferry Plaza Project to date: Park Development Reserve $710,000 $8,100 $101,959 $80,000 Prop. 116 Grant Clean Air Grant Parks In-Lieu Fund Total Funding Sources To Date $900,058.98 $1.009.219.89 Total Project Cost In order to complete the accounting process, the Town's needs to transfer an additional . $109,160.91 from the Parks In-Lieu Fund to the Tiburon Ferry Dock Project fund. This fund transfer has been accounted for in the beginning fund balances in the proposed 2003-04 Municipal Budget. RECOMMENDATION That the Town Council authorize the transfer of $109,160.91 from the Park Development General Fund reserve to the Tiburon Ferry Plaza Fund. This transfer will leave the Park Development Fund with a balance of $316,295. . June 13, 20( page 2 of ;; . . . Town of Tiburon STAFF REPORT AGENDA ITEM 5 . . . . .. . . . . . . . . . . . . . . . . . . .. ...... III . . . . . . . . . . .. . . . . TO: Mayor and Members of the Town Council FROM: Alex D. Mcintyre, Town Manager @. SUBJECT: 2003 Refuse Collection Rate Application - Mill Valley Refuse Service MEETING DATE: June 18,2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11I . . . . . . . . . . . . . . . . At its June 4,2003 meeting, the Tiburon Town Council unanimously adopted the Seventeenth Amendment to the Mill Valley Refuse Service Franchise Agreement for the 2003 rate application req uest. However, in closely reviewing the Council's action, the Town Council made it clear that the 2nd year of the 2-year rate increase was to be conditioned on certain operational, financial and customer service efficiencies being successfully implemented. The approved Seventeenth Amendment does not accurately reflect that action. The attached Seventeenth Amendment to the Mill Valley Refuse Service" Franchise Agreement has been revised to properly reflect the Town Council's direction. Recommendation It is recommended that the Town Council approve the attached revised 17th Amendment to Franchise Agreement (Exhibit A) granting the rate increases. Exhibits A - Seventeenth Amendment to Franchise Agreement (revised) . . . SEVENTEENTH AMENDMENT TO FRANCHISE AGREEMENT . The parties are the TOWN OF TIDURON, a municipal corporation organized and existing under and by virtue ofthe laws ofthe State of California, hereinafter referred as "Town," and MILL VALLEY REFUSE SERVICE, INC." a California corporation hereinafterreferred to as "Company." WITNESSETH WHEREAS, the parties heretofore entered into a written agreement dated November 12, 1965 and renewed a modified Solid Waste Management Agreement on December 6, 1995, relating to the collection and disposal of all refuse within the Town, and have amended said rates for services referred to in the agreement on several occasions, and WHEREAS, the parties now desire to amend said agreement in the respects hereinafter set forth; and WHEREAS, the Town has heretofore held a hearing in the matter, and has determined that said further amendment is proper and in the best interests of its citizens; and WHEREAS, it has been determined that the rates charged by the Company for the services referred to herein should be modified and adjusted as hereinafter set forth; and . WHEREAS, the Tiburon Town Council adopted the 1 ih Amendment at its June 4,2003, so as to provide for an increase in monthly rates effective July 1,2003 and, also providing for a second increase, upon a showing of particular operational, financial and service improvements, effective July 1, 2004. NOW, THEREFORE, it is mutually agreed that the written agreement between the parties dated December 6,1995, and the subsequent amendments thereto, shall be amended in the following manner, effective for the period July 1, 2003 to June 30, 2005: Effective July 1, 2003, the monthly rates shall be those set forth in Exhibit A, which is attached hereto and incorporated herein by ...c.. _::I,-~fsrr~ll~~,::.Ihle~~::.!'~.t~~A!!c;h1.Q~:,,<:l!l.gjJ:).~p:tpor~!e_aIL ~ight ..R9i!lt;1:~.r()... nine percent (8.09%) adjustment to all ratesforsoll,fwastecoiIe-alon.. and recycling for all residential and commercial customers. . Effective July 1, 2004, and upon satisfaction of the Town in achieving certain operational, financial and customer service efficiencies, the monthly rates shall be those set forth in Exhibit B, which is attached hereto and incorporated herein by reference. These rates include and incorporate an additional eight point zero nine percent (8.09%) adjustment to all rates for solid waste collection and recycling for all residential and commercial customers. Seventeenth Amendment to MVRS Franchise Agreement - Adopted 6/4/03 -1- Other than as herein specifically provided, the aforesaid Agreement, and the amendments thereto, are . hereby ratified and confirmed to be and shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this 18th dayof June, 2003. TOWN OF TIBURON JEFF SLA VITZ Mayor ATTEST: DIANE CRANE IACOPI Town Clerk . MILL VALLEY REFUSE SERVICE, INC. By: Its: . Seventeenth Amendment to MVRS Franchise Agreement - Adopted 6/4/03 -2- l ' ,~ ,- TIBURON INCREASE 8.09"0 EFFECTIVE 7/1/03 Page 1 of 5 ~. c~ CURRENT PROPOSED NEW NEW MONTHLY RATE INCREASE MONTHLY RATE QUARTERLY # CAN 20.<;r7 1:62 21.-68 65;04 1 CANFLA T 23.89 1:93 25.82 77.46 1 CAN HILL ;, 36;52...... '. " ,....... .,..,2.~5 ..,'>, I.""".',. ',3Q:1~;' ..'",. "," ,'i.>'; ""," ',118:44- , 2 CANS ALL 52.71 4.26 56.98 170.94 3 CANS ALL ,/ ..,'I:.R:Ri::".. ".".";,, ~,: "i',',:,;,,',',, ,,'.". '.,,:, ;, ;,-,<;, . 17.78 1:44 19.22 57.66 MINI CAN FLAT ~(.::;- ,';' .,,[. ,;;:~ ';i:;1N\~~I';(:~N,,'HmlEL ,'." ,'. ,,' ,''', 28.32 2.29 30.61 91:83 45 GAL FLAT "', 34;00,.'" .; 1;:,',zi'f':iJ " "".,', ',,: '/'.. """, " 45 GAL HILL " ,. " " , ROLLING HILLS AREA I 44.$4- , , .....3:5~ ,; ""i ",",' ,'" : .'.,' ':.,i.' .;.. I"; " "',,' , ..; 143.79' 1CANl2PU .... " "" ,'" ,,4-7,.93., ........,'.,.'" I". , . 69.40 5.61 75.00 225.00 2 CAN/2PU 101:80 8.23 110:03 330.09 3 CAN12PU 134.19 10.85 145.03 435.09 4 CAN12PU 85.04 6.88 91.92 275.76 5 CAN/1PU 101:23 8.19 109.42 328.26 6 CAN/1PU 19.21 CU. YD. TIBURON. CONTAINERS CURRENT PROPOSED NEW MONTHLY RATE INCREASE MONTHLY RATE RENTAL PICKUPS 1 YARD CONTAINER 82'A(): ';.: >',-: , '....' ','S;';'" '.,n;'''.';;i ;"':::;;,:';:',."'" ;:I',.:;, ,.".' ''':,l,PICKUP , 164.94 13.34 178.28 13.00 2 PICKUP . 24.7\43" , ".' ":,' " ,,'..- .. '0 3m:pCl(pp. ',' , " ;,i .--, ..,;'.' ' 329.89 26.68 356.57 13.00 4 PICKUP . 412.38 33:35' ,": ',':- ,', 445:7?", ' " .' ,..;, , :' ," 13,00 5;PICKUP . '..' . 494.88 40.02 534.90 13.00 6 PICKUP 2 YARD CONTAINER 164.94 13.34 178,28 26.00 1 PICKUP 329.89 26.68 356.57 26.00 2 PICKUP 494,88 40.02 534.90 . 26.00 3 PICKUP 659.76 53.36 713.12 26.00 4 PICKUP 824.78 66.70 891.48 26.00 5.PICKUP 989.73 80.04 1069.77 26.00 6 PICKUP ...."", ,. ~;!:_.?~J:J"b.~~J:QV~:J:NEgRM,ATI9N.., COMMERCIAL CURRENT PROPOSED NEW MONTHLY RATE INCREASE MONTHLY RATE 27.46....,.,. .," , '/2'22 ..,.....'..,.' " "". ';,"..,.: ...,.,CG)f!\M.:'F32GAkCAN"lP.l!)" .. .. ,",,', ,; . " <;.7;Yl?, '. 35.19 2.85 . 38.04 COMM. 1-45GAL CAN 1PU 18.97 1:53 20:,50 - APT;JP6R'UNIT-"PLAT 18.03 1.46 19.49 HILARITA PER CAN FLAT 22.79 1:84 24.63 APT. PER UNIT -HILL . 21:79 1:76 23.55 HILARITA PER CAN HILL EXHIBrr ~;o,~ TIBURON INCREASE 8.09% EFFECTIVE 7/1/03 Page 2 of 5 COMMERCIAL 32 GL CAN CURRENT PROPOSED NEW MONTHLY RATE INCREASE MONTHLY RATE # OF CANS 27;44' .... ..' ':g,22, """"'; "'2966 ",', .:' \ ; ,::' ,,:.1;:CAr\.J/;t;PliI ".',J" ";:".",,,: , . ,'i. , 45.53 3.68 49.21 2 CANS/1 PU ,. .63:64'" "".:\\ I;. ...:t", ',~c:" ",' "\',i :'....""""".< . ,,' \", :".:<.", " 'i' ""i', '" 1" ....", ':"'" 81.74 6.61 88.35 4 CANS/1 PU 99:86;:' ;':,;. OJ:;;;!:"',; ....,,; ': ..,.""". .~",i"","" , .',,',. .><,; ".u"JU" :<'i,', .~ '"i, ,) ";.~ ",' ,,",:, ';':.t " :: ',',' 117.88 9.53 127.41 6 CANS/1 PU 136~O9 " ..":, ,iifiOi",:;,,::;' i(,.. i i,'..,'147~1(:l, " " 'i""", :7\CANS/1Pt.l., "'.""" ;'. '" 154.20 12.47 166.67 8 CANS/1 PU :172.33 " '13:94 " J, :186:2:7 ,,':, ;. '.: " '9:CANSI1 PU' 45;53 3;68 49,g1 1CAN/2 PU 81.77 6.6.1 88,38 2 CANSl2 PU 117.88 9.53 127.41 3 CANSl2 PU 154.20 12.47 166,67 4 CANSl2 PU 190.44 15.40 205:84 , 5CANS/2PU 226.66 18.33 244,99 6 CANSl2 PU 262;88' ", ' 21;26 ,,' .,' i. .,i .,'..,284;14, .,., " ',; . ,TC,6iNSJ2PLJ ',. "' 299.10 24.19 323.29 8 CANS/2 PU ,:7 335.32',: "~I: I::},,"';"" < ~~""',n': "":';"''''9 CAI'ilS/2 PliI ,:, t:,:>"\ w",':L:, , ;,i; :;,,;;..; "",:;.c.',': ",,,' ".,'''''''''",,'' , ' : \ ,', ,'; i>'..,L:;.':"",,,;!~,'~~,.',/:':,,,,>" ',...,......'" ,',.,:,,^",'I,"; '."c." " ", 63:65' " .,',,) ,.'!5.15, y:J ;:;.,.; ".,' "',',.,',i."...", ,',':,' , ',' ,i':, ;,:>:,;. '~ 117.88 9.53 127.41 2 CANSl3 PU 172.33 '13:94'" "': "',' , ,'",,!86;27: " ",;'i,,' , ' 3'cJXN~/3;PU '.,' 226.66 18.33 244.99 4 CANS/3 PU 28LOl 22;73 , 303.7'4 ,"',' 5,CJXNS/3PU , 335.32 27.12 362.44 6 CANSl3 PU 389.64 ,31.51 421.15 7 CANS/3 PU 443.97 35,91 479,88 8 CANS/3 PU 498.29 40,30 538.59 9 CAN S/3 PU ~ { .;,- ., . . . . -~--_._- ----- TIBURON INCREASE 8.09'0 EFFECTIVE 7/1/03 Page 3 of 5 COMMERCIAL 32 GL CAN CURRENT PROPOSED NEW MONTHLY RATE INCREASE MONTHLY RATE # OF CANS 85.02 6.88 91.90 1. CAN/4 PU 154.20 12.47 166.67 2 CANS/4 PU 226;66 18,33 244;99 3CANS/4,PU 299.10 24.19 323.29 4 CANS/4 PU 3771.47 ". ...; ... ,.. ~ ;." ....,:... ...... '. :., . 443.97 35.91 . 479.88 6 CANS/4 PU , 7.~~,..,,>,.:, .:' ~ ~. >,.... """.:' :" '. 588.96 47.63 636.59 8 CANS/4 PU I..,..........., ~ I;.;..":.,:......'..:.....:.,. . ,'.' . '.... ':'.: --y FR.....,.. .. I:: . .7.7,:"I..}..\ ." ,:~ "".","'" ".,~ ",:.,.'., '. 190.44 15.40 205.84 2 CANS/5 PU I: 281'.01 .':;.,"" " '. .... ,;. ,'..,'.",:.'.'.,' ;;; ,~, '~. .... 371.47 30.04 401.51 4 CANS/5 PU 461:94 37.36 ': 499:30 . 5CANS/5PU 552.40 44.67 597.07 6 CANS/5 PU 642:85 51.99 694,84 7 CANS/5 PU 733.32 59.31 792.63 8 CANS/5 PU 823.78 66;62 89Q:40 . . 9CANS/5PU I" ..,:, 1l7.88 I'.,:, '9:53. .... I...".........;,.. '.'>':' 1-:- , :"..', 226.66 18.33 244.99 2 CANS/6 PU ';..' 335.32' 1;;."':"''7'1 ~ .., ....' I1,S,.,\ .:. ' . ,. c;.,- ,.",.x'" i:'" "',",' ":". ....." . 444.00 35.91 479.91 4 CANS/6 PU 552.78 '.i....., I'. ';:". ",:,,~ >.>': 1/;:',.,:..'..: '> ,'.,. 661.36 53.49 714.85 6 CANS/6 PU 769:93,' .,' , . '.' " :",. ....., " ::.i ,.:'.,;''>, .:., '....,. .v ..: . 878.50 71.05 949.55 8 CANS/6 PU 987:07 ;79183," .. ": , :1066:9q\ ',: ...... ,"9'C,AiNs'/();PU I .. '.... ;1 . . ,., TIBURON INCREASE 8.09% EFFECTIVE 7/1/03 Page 4 of 5 COMMERCIAL 45 GL CAN CURRENT PROPOSED NEW MONTHLY RATE INCREASE MONTHLY RATE # OF CANS ',.,. .....: ..'35:19.. 1"'.,..,/,,, i.. .,..., .,...... '." ,,:'l:'; ,,:'.;, .. ..,' -'" ",-, I.., ',,> ...."....,."" ,", 62.32 5.04 67.36 2 CANS/1 PU ,89:50 . '..'.. I"'" , ,.': ,,:];24"'- . ,'-'. I ,..";:;";.':::Ib'/5.'. ".',.! ,.:.'",.,."; ..,3CJ:l:NSr1.-PU' . : 116.65 9.43 126.08 4 CANS/1 PU 143.82 11:63 155.45 5 CANS/1PU 170.85 13.82 184.67 6 CANS/1 PU 198.19 16.03 214.22 7 CANS/1 PU 225.33 18.22 243.55 8 CANS/1 PU 252;51 20.42 , 272.93 . 9CAN.S/l PU . .: 62:32. .... ,..'5;04',<',,' >";:,:\: 't..7.?t. " ':,. ": I) . ,''''",'lC,i\N/2:;PLJ' . '" ''', 116.69 9.44 126.13 2 CANS/2 PU " :170:B5,' .',"C:;>'- ,~ :"",.' I'" ',", . . .',;: .,' 'l'.Ji04< '..'C,,, <.,', 'C'. -r.' ;'''''', '" ...,:', 225.33 18.22 243.55 4 CANS/2 PU ",,;" '2'19/70":' :~I':' '... ".!.'~/"':".~' ,:""",:,,:,'-'~' I'::':'" " ',:; 334.02 27.01 361:03 6 CANS/2 PU 388.35 ".' -, 3t41t "','-'.,,- '. 4'19:76';, : ,-:.. ',', ;~. ,('..'" " (7:Gt\NS/Z',PlJ' ".',. ..' I" ,""" ",,'" ' ....;-:,....-.) ..,^.:<,.,.: . , ' ,.. 442.68 35.80 478.48 8 CANS/2 PU A9i7iOt: '", 40;20. i: \",-.,......,. '53,7::2,1..::' ", 1'" . ,.... ,g<QAN$/2'PtJ i . " I," " .. >e-, 89;52 7.24 96.76 l' CAN/3 PU 170.85 13.82 184.67 2 CANS/3 PU 252.51 20.42 272.93 3 CANS/3 PU 334.02 27.01 361:03 4 CANS/3 PU 415.54 33,61 449,.15 5,GANS/3PU 497.01 40.20 5.37.21 6 CANS/3 PU 578.50' , 46;79' 'i,,": ii/:',: ";62~;29.,:' ", It "::,,:,' 'Z'-:gf\t\J S/3'PU ., '. 659.98 53.38 713.36 8 CANS/3 PU "':" 741:47' ",C :~~. '., .'c'. ',':"", " , ",", 1:,...).....,' .,. '~ , , , . . . . TIBURON INCREASE 8.09% . EFFECTIVE 7/1/03 Page 5 of 5 COMMERCIAL 45 GL CAN CURRENT PROPOSED NEW MONTHLY RATE INCREASE MONTHLY RATE # OF CANS . 121:!57 9:83 ..... ......... '. 1}t4qh' ... .', .. '..' . 1GAN/4iPU 225.33 18.22 243.55 2 CANS/4 PU ..".... .,33.4;0.?.'.... ': I'........ "..,i 'c", .. "~c. "'. 442.68 35.80 478.48 4 CANS/4 PU "'X,':;,.' ~ '."""'.,;" ". .,. " 659.98 53.38 713.36 6 CANS/4 PU ,:,:,;:"...' ,,< ~ g I ",C: , ,', " ., .... 877.48 70.97 948.45 8 CANS/4 PU ii'::' ' "';':.n ,'} 'i"'i . .',.", ..,'," ',".' '. -.,.. '..,.',C':"',",,,'. . '143;'82 ' '.. ,.,."'....' '<c',.~~ .....". ". ., .... 1,C~N/5pU , l'l:t:l.j '".' .",: '.' , '.' 279.70 22.62 302.32 2 CANS/5 PU. 415.54 33,61 449.!5 3CANS/5 PU 551.23 44.58 595.81 4 CANS/5 PU 686;93 55.55 742.48 5CANS/5PU 822.62 66.53 889.15 6 CANS/5 PU 958.32 , ,.'. .77:5C)' "'.7.<;' ,.,......,,1.(D3!5,~?.,." .... ; . .'. .lG~NS/5.PU 1094.01 88.48 1182.49 8 CANS/5 PU .'",',.: ".' ~'''' --:-"'" .' .. ':::V '. '.' , I. " ;'170;~5U ,;;,,' ", ".'~' i."Y:':. ~.."':.."'.., ":ic'i.,." .", " "",::,1'< ,,"".:,', ~"",:,,:,":."".:."" '. '..C'.' 334.02 27.01 361.03 2 CANS/6 PU .r . 497;01 '.'.'" ....: ";,:. " ':.,,:'" .. .':' '. :'C:; ..', " .', ,. , 660.04 53.38 713.42 4 CANS/6 PU 823;20' .', .', ,. . .:.... I:X......,.'.. .;~ .' "'",,,,: ",. .' 986.07 79.75 1065.82 6 CANS/6 PU 1148:92 92:92 ~ ..' ,.... 1241:84 . ". '.' , ....7'CANS/6PLJ 1311.80 106.09 1417.89 8 CANS/6 PU . 1474;66 119.26 1593.92 9 CANS/6 PU '" ~I . . TIBURON INCREASE 8.09% EFFECTIVE 7/1/04 Page 1 of 5 BASE PROPOSED NEW NEW RATE INCREASE MONTHLY RATE QUARTERLY # CAN . . 21f68 I".';';"""'~>;""': "";:"\', ....... "";"'/'" ',\:' '.' ." .. 70:26 I... .1:CANFLAT ....C. ....."';. :. ",:' cf/. ""~ ,-:''-' : ,:..... r.: 25.82 2.09 27.91 83.73 1 CAN HILL , '39.4~~\ : -'."': :~"'~ I:.'....:'....... . ." .,..i.';);:;::. :<,",.'" I.:'.'" .'" 2:CANSALL "';'"".<.,i -<."',' '.' ,1<.,.....,.'. 56.98 4.61 61.60 184.80 3 CANS ALL I'. .... .,74?4~.::~::. ':"'''' "O,uc:' -, ".C .C"',C;'C' ;..\ I,Ic:,: ,'.',.'. 'C:""., .' . ,,#CANS'ALL "'.......c .. ,. .,.,-, .\-'"'' 19.22 1.55 20.77 62.31 MINI CAN FLAT .' 22.76i '.. .. ,c., 1;84"". ..) ,'2416'0,' " '".. "':.' .,:73:BO' .\ .'. ' MINI CAN HILL ',c, " , 30.61 2.4B ' . 33.09 99.27 45 GAL FLAT 36.7.5 ' 2:9Tt 39.7>2 119:16 .' 45 GAL HILL ROLLING HILLS AREA 47.93 3;88 51.81 155.43 1 CAN/2PU 75.00 6.07 81.06 243.18 2 CAN/2PU 110;03 -' 8.90 118.93 356.79 3 CANIZPU 145.03 11.73 156.75 470.25 4 CAN/2PU 91.92 ' 7:43 . . 99.35', '. " 298:05 5CAN/1PU 109.42 8.85 118.27 354.81 6 CAN/1PU 20.15 CU. YD. TIBURON CONTAINERS BASE PROPOSED NEW RATE INCREASE MONTHLY RATE RENTAL PICKUPS 1 YARD CONTAINER 89:13 '''''7'2L',''< .."" "'96.34.'.... ...... '. ..'..' .....'1,3100 , .'. 1 PICKUP " .' . :,' " ,. 'i, ,,,,',', '. ;' ."::::'..',,', Co' . 178.28 14.42 192.70 13.00 2 PICKUP 267.44 21:63 .:289fOT '.' , :-, , 13;;00 3 PICKUP . "', 1'. , 356.57 28.84 385.41 13.00 4 PICKUP 445.73 36.05 481.78 13i00 5 PICKUP 534.90 43.26 578.16 13.00 6 PICKUP 178.28 14.42 192.70 26.00 1 PICKUP 356.57 28.84 385.41 26.00 2 PICKUP 534;90 '43.26 " 578:16 26';00 3 PICKUP 713.12 57.67 770.79 26.00 4 PICKUP 891.48 7:,2:10.' , .. .',' ,''963:58,,' ' .,......'.. ':26:00 . I " 5.PICKUP I" .,' . ...,',' .' 1069.77 86.52 1156.29 26.00 6 PICKUP 'MISCEI;I;;ANEOUS"INf0RMATI0N:::::::: -'"'~--- -------_._~_._-_._--- - ".."',.,,,.,. - - "..,_...._~~,. ,-,."",."." _....',,_"'"""'0. "___'H_'_"_",,"',"'''_''''_' -,,"-.......,.~.....,,- . " ...."...... .. ''''.-.- ,,-_._._.._.._._..,,-,---------.._._--.~-----~----,_.__..- ._...._-_._---,,----~.... ,,, .- .. COMMERCIAL . BASE PROPOSED NEW RATE INCREASE MONTHLY RATE 29;68 2.40 32:08' COM'M. 1-32GALCAN 1PU 38.04 3.08 41.12 COMM. 1-45GAL CAN 1PU 20.50 1.66 22.16 APT. PER UNIT -FLA T 19.49 1.58 21.07 HILARITA PER CAN FLAT 24.63 1.99 26.62 APT. PER UNIT-HILL 23.55 1.90 25.45 HILARIT A PER CAN HILL ~ . EXT-IIEIT l',ro,-L :; . . . TIBURON INCREASE 8.09% EFFECTIVE 7/1/04 Page 2 of5 COMMERCIAL 32 GL CAN BASE PROPOSED NEW RATE INCREASE MONTHLY RATE # OF CANS 29:66 2AO 32i06 1GAN/1:PU 49.21 3.98 53.19 2 CANS/1 PU 68.79 5.56 74.35 3 CANS/1 PU 88.35 7.15 95.50 4 CANS/1 PU 107.94 8.73 116;67 5CANSI1 PU 127.41 10.30 . 137.71 6 CANS/1 PU 14Zil(i) "..', ". '1.1'06;\:' .>'..... :,.' '159'00' '...,.; I.: .........'... " .......7CA,NSlj PU, .' . ..... ,,".' " ,..... c' . 166.67 13.48 180.15 8 CANS/1 PU . ."e'.', ~.",. .7" .....,. ....,.. ....,... .. ~",'.,.,,,...:;:.' '.' ;,' '.....i'.; 'h,'''',."" .....:>,.,..,., ," .,' '. 88.38 7.15 95.53 2 CANS/2 PU ,,' '.,,'.'. ". , . , ", .' i', .,. """,>". ",.'..>':", '", .. 166.67 13.48 180.15 4 CANS/2 PU , 205:84 ., '.. .,-...., ,\. . .Z22:~9L':< (\ '. =-5GANSYZpLJ .,~.., :"... .' 244.99 19.81 264.80 6 CANS/2 PU 284.14 22.98 307.1? 7CANS/2 PU . 323.29 26.15 349.44 8 CANS/2 PU 362.44 29.31 391.75 9 CANS/2 PU 68.80 5.56 74.36 . 1 CAN/3 PU 127.41 10.30 137.71 2 CANS/3 PU 180:27 15.06.,> " ' ;.,. 2Qt33 3CANsI3PU 244.99 19.81 264.80 4 CANS/3 PU 303;'(4 " ';'."', h" . "..'", '<.1' ., ,';,'. e: 362.44 29.31 391.75 6 CANS/3 PU ""....' -C;;, :"...,.. ,.'. ." ;....." ,,' , "", "" ." ; ,..',' 479.88 38.81 518.69 8 CANS/3 PU ~ . '538:59 . I,' ;,' , ,',"",1 J', .OJ "."'''' ]'.'. ,.. .. , TIBURON INCREASE 8.09'0 EFFECTIVE 7/1/04 Page 3 of 5 COMMERCIAL 32 GL CAN BASE PROPOSED NEW RATE INCREASE MONTHLY RATE # OF CANS 91.90c.' ;.,' ..... ;.il.7<":' ,., "," on.,.~-~ ",," ,,:;''';,.;.'' :' <~:CAN/4':Ptl:' : ..=., . 'C'.". . ",.,-- ," " , 166.67 13.48 180.15 2 CANS/4 PU 2~4:99 , , 19m1. ,....;",. .-" ,', .' 264:80" . ','. '-. ,.,... 3GANS/4PU 323.29 26.15 349.44 4 CANS/4 PU 401.51 32:4:7.' .-.': :43'3:98 '-.. " 5 'CANS/4PU 479.88 38.81 518.69 6 CANS/4 PU 558.23 45.15 603.38 7 CANS/4 PU 636.59 51.48 688.07 8 CANS/4 PU 714:95 57.82 772 .77 . 9 CANS/4 PU 107:94 '" "...,8,,7'3;:, '." '(',:"., '.116;6~.... ',.,- '" .. j.,CAN/5PU .. 205.84 16.65 222.49 2 CANS/5 PU . : 303]4 ; li";,:,',;,,;c.f:l'.. . v:',,;;'.,/;.: I",,'.,........,'.....;.. " ,'. ,''';',,'.;J_',l '., 401.51 32.47 433.98 4 CANS/5 PU '4.99:39""'" "'.'" ".,'" '~ ,. v. ,.i, ,.' '. ',.:"'- - 597.07 48.29 645.36 6 CANS/5 PU . 694,84' h"; , '. ':; ';. '" ,.",.~ ';,;7;CAN.S/5 ,Ptl c;. .,,'. .', ;, , ., ....,.,t ..,.~ ...,. )'~"::':,\'; .:;, . "." 792.63 64.10 856.73 8 CANS/5 PU 890:.40 ., .72~01' . , ;.,.... -962:41--,.......' 9;CANS/5PlJJ , ,." .',.. . 127.4l 10.30 137.71 1CAN/6 PU 244.99 19.81 264.80 2 CANS/6 PU 362.44 29.31 391.75 3 CANS/6 PU 479.91 38.81 518.72 4 CANS/6 PU 597.49 48:32 645;81 5 CANS/6 PU 714.85 57.81 772.66 6 CANS/6 PU 832.20 '67.30., 899.50. Y'.CANS/qPU". 949.55 76.79 1026.34 8 CANS/6 PU ,1066:90:.';'/ d\':"''-su" ""."""':' i:"; ,\r;'::(;[;~;.f,'~ '.;,::9,CANS/6:PUJ;\ . ........', ,", .,. . -> .. .:,1 . . . TIBURON INCREASE 8.0910 EFFECTIVE 7/1/04 Page 4 of 5 COMMERCIAL 45 GL CAN . BASE PROPOSED NEW RATE INCREASE MONTHLY RATE # OF CANS t....... ..'" "X'i"" i..:;........:.... --c- ....,:......:......, . 67.36 5.45 12.81 2 CANS/1 PU I.'. ce. - ~ .,., ..,' "'i':'; '.' ;"'. ,".. ,..' i",,'.: I'''':....".!... 126.08 10.20 136.28 '. 4 CANS/1 PU .....;.... '(l. ~ ;;. . ',:; ......:i:':. '. ...... . ......... 184.67 14.93 199.60 6 CANS/1 PU ..,.... ..?111??::,'., I..........;...;... ~ CI'-!Id .......... ',' ..;.. .' . 243.55 19.70 263.25 8 CANS/1 PU 272:93 I .?,2i<il?::- I;. ..?9q;(i)Oi........... .:'.,: 9CANS/1:PU 67.36 5.45 12.81 1 CAN/2 PU 126.13 10.20 136.33 2 CANS/2 PU 184;67 14.93 co 199.60 . . 3 CANS/2 PU . 243.55 19.70 263.25 4 CANS/2 PU 302.32 24A5.... I' ..: . 32.6X07 . 5C~NS/2PU '. '.; i , .. '. 361.03 29.20 390.23 6 CANS/2 PU .... '. ,.,;....... ;>(,,":'.' ..,,:::';;.:. "..:..: ':, ...". :.' 478.48 38.70 517.18 8 CANS/2 PU ~ ." ":"'00;",,,;;:,/: ",y' . . .'. 1,> . ........ '; ',"".' .....','96.76 ,. "., I', ";",Iil;ts '.j. i.,: ~ii..;....,.t ~.C::,;.,....".,...". '.. 0' .i.., '.' .., . . ,. .\'.' 184.67 14.93 199.60 2 CANS/3 PU 272.93 ..' I"'.,, .. . .' '. ': .; ;" .'. ,.: ,,~.., . I','. '.' . 361.03 29.20 390.23 4 CANS/3 PU 449.15 36.32 -;, ,485.47 ~QANS/3 PU ,.,. 537.21 43.45 580.66 6 CANS/3 PU 625.29' 50.57 675.86 7 CANS/3 PU 713.36 57.69 771.05 8 CANS/3 PU 801.44 64.82 866..26 9 CANS/3 PU TIBURON INCREASE COMMERCIAL 45 GL CAN BASE PROPOSED RATE INCREASE . > .........^:. ";:f,:"':" .-',. .,', """: 243.55 19.70 '361:03,i:;':j;.:f\ 478.48 , ". '595,8,1 ..':,: ;,.,. 713.36 830:90 948.45 1065.98 .,,0 38.70 .,48:19~:;i 57.69 67:20 76.70 86.21 12.57 24.45 ,'. .~6:'32 48.19 ., .,'Ol,; 71.91 155.45 302.32 449:nr 595.81 .' 74Z:.~8'iF: 889.15 103582 "', "",',, '," 'v i ': .,.... 1182.49 1329:16::',,;: ',..'.);" . 184:67 361.03 537.21 713.42 889.78 1065.82 1241.84 1417.89 15,93.92 TIBURON DEBRIS BOXES . ,.- -.. 4'""MI)"." _._.c, 10 YD 20~D. 40 YD 5YDDIRT 10YD DIRT .;1." '. 95.63 .', '1'4:93': 29.20 43.45 57.70 71.96 86.20 100.43 114.67 128:91, ". INCREASE BASE RATE 8.09'0 NEW MONTHLY RATE '" '> 263.25 ,....^^ "",:,;!'."",. " EFFECTIVE 7/1/04 Page 5 of 5 # OF CANS , "";;" "i,I,':'-"','.~ .~. ~ ". "" 2 CANS/4' PU ,',:,;;.; .';:"3;C~NS{4jRLJ,,' ., ,": "."":' 4 CANS/4 PU 5i,ql>:NS/4iPLJ '. 6 CANS/4 PU 7CANS/4 PU 8 CANS/4 PU 9 CANS/4 flU 517.18 ,)644100::. I'::i,',; 771.05 898.10 1025.15 1152.19 ,.j , 168,02 326.77 485:47 ' 644.00 . 1CAN/5 PU 2 CANS/5 PU '. .': ...., ,', ".' '.',3Cl>:NS/5:Pl1 4 CANS/5 PU ,;,.',"(' 1<,'--:' I"".. . 6 CANS/5 PU -',.' ,~"i',:""..,-: I":,},,,;,;:... 8 CANS/5 PU . . '" ,.' ',:' .," .,' -'- ~ . ','" .,'. '. . , 961.06 ""'., .1278.12 ii' '. 199:60 390.23 580:66 771.12 961.74 1152.02 1342.27 1532.56 " 1722.83.. ,.. .',". 8.09% PROPOSED INCREASE '.... '/ ",': . :': , ,t'CAN/6Pli) 2 CANS/6 PU 3 CANS/6 PU 4 CANS/6 PU 5 CANS/6 PU 6 CANS/6 PU 7 CANS/6 PU 8 CANS/6 PU 9.CANS/6,PU . EFFECTIVE 7/1/04 . NEW RATE 7'.'.~P '"",.; ",.,:', . j,,""U''''' ,',',,:,'. 206.45 16.70 332:91 .. '; .': . 26':92' , 665.82 53.85 2,18.34 17;66 326.42 26.40 ,',.,'", ',,:,. ,.d,V.;),,!.;).... ".,:, 223.14 '.. "359,83 719.67 235.99 352.82 ..' , . " -f~ . .. '. . " , ? . . . Town of Tiburon STAFF REPORT AGENDA ITEM & Mayor and Members of the Town Council Heidi McVeigh, Director of Administrative Service's ~ TO: FROM: Poirit Tiburon Community Facilities District 1985-1 ~ Special Tax Levy for Fiscal Year 2003-04 . MEETING DATE: June 18 2003 REVIEWED BY: 0_00 SUBJECT: Annually, the Town Council adopts Special Tax rates to be levied on the commercial and residential parcels in the Point Tiburon Community Facilities District. The State Government Code requires local agencies to provide by Resolution for the annual levy of the Special Tax. Action to levy the Special Tax is required by August 12th of the tax (fiscal) year, by which time parcel tax data is to be filed with the County Auditor-Controller and Tax Office. Special Tax proceeds are applied to the debt service requirements of the bonds of the Point Tiburon Community Facilities District. The proposed total Special Tax Levy for Fiscal Year 2003-04 will be approximately $134,100, which is an increase of $7,400 over the Fiscal Year 2003-04 Levy and shall be apportioned as follows: Residential Property Owner Commercial Property Owner. Annual Rate $786.78 $27,877.86 The Special Tax rates are projected to stay at this general level until maturity of the bonds in September 2008. RECOMMENDATION It is recommended that the Town Council adopt the attached resolution establishing the Special Tax Levy in the Point Tiburon Community Facilities District for Tax Year 2003-2004. Exhibits":::-- A. Resolution Establishing Special Tax Levy, 2003-2004 (Exhibit A. Attached) 7 . . . RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON LEVYING A SPECIAL TAX RATE FOR THE PROPERTY TAX YEAR 2003-04 COMMUNITY FACILITIES DISTRICT NO. 1985-1 POINT TIBURON DEVELOPMENT TOWN OF TIBURON, MARIN COUNTY, CALIFORNIA WHEREAS, Town of Tiburon Ordinance No. 355 N.S., passed and adopted by Town Council on August 1, 1990, ordained that the Town, pursuant to Government Code Sections 53328 and 53340, levied a Special Taxon the property within Community Facilities District No. 1985-1 for the 1990-1991 tax year and for all subsequent years; and, WHEREAS, Pursuant to Government Code Section 53340 the Tiburon Town Council may provide, by resolution, for the levy of the Special Tax in the current tax year or future tax years at the same rate or at a lower rate than the rate provided by ordinance; and, WHEREAS, the Director of Administrative Services has estimated that sources of funds less uses of funds (provision for annual debt service, fiscal agent charges, administration fee, and reserve for delinquencies) requires a total Special Tax Levy in the amount of$134,093.16 (Residential share at $106,215.30, and Commercial at $27,877.86) for fiscal and tax year 2003- 04. THEREFORE IT IS RESOLVED, that the Town Council authorizes the tax year 2003-04 Special Tax levy in the amounts shown on Exhibit A attached, and the Director of Administrative Services is to prepare the Special Tax roll and provide all necessary information to the Marin County Auditor and Tax Collector in order to effect proper billing and collection of the Special Tax referenced within Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 18, 2003, by the following vote: . AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: BY: JEFF SLA VITZ, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK '~:.. " EXHIBIT A. (FOR RESOLUTION NO. ) ESTABLISHING THE SPECIAL TAX LEVY OF COMMUNITY FACILITIES DISTRICT NO. 1985-1 - POINT TIBURON DEVELOPMENT - . TAX [& FISCAL YEAR] ENDED JUNE 30, 2004 MARSH: 58-440-01 $786.78 58-440-02 $786.78 58-440-03 $_0.00 58-440-04 $_0.00 58-440-05 $786.78 - 58-440-06 $_0.00 58-440-07 $_0.00 58-440-08 $786.78 58-440-09 $786.78 58-440-10 $786.78 58-440-11 $786.78 58-440-12 $786.78 58-440-13 $_0.00 58-440-14 $_0.00 58-440-15 $786.78 58-440-16 $_0.00 58-440-17 $_0.00 58-440-18 $786.78 58-440-19 $_0.00 58-440-20 $_0.00 58-440-21 $786.78 58-440-22 $_0.00 58-440-23 $_0.00 58-440-24 $786.78 58-440-25 $786.78 58-440-26 $786.78 ,,--- ---- _-~5_R-:4~:t..Q:2.7:::=::= l:.::::-Q.QQ::.::: 58-440-28 $_0.00 58-440-29 $~O.OO 58-440-30 $_0.00 58-440-31 $_0.00 58-440-32 $_0.00 58-440-33 $_0.00 58-440-34 $_0.00 LAGOON: Below Market Rate Unit Below Market Rate Unit Below Market Rate Unit Below Market Rate Unit Below Market Rate Unit Below Market Rate Unit Below Market Rate Unit Below Market Rate Unit . Below Market Rate Unit Below Market Rate Unit Below Market Rate Unit Below Market Rate Unit . ....Jielow:Markc;:t R(j.t~-U:l1it::: Below Market Rate Unit Below Market Rate Unit Below Market Rate Unit Below Market Rate Unit Below Market Rate Unit Below Market Rate Unit Below Market Rate Unit . 59-380-40 59-380-41 59-380-42 59-380-43 59-380-44 59-380-45 59-380-46 59-380-47 59-380-48 59-380-49 59-380-50 59-380-51 59-380-52 59-380-53 59-380-54 59-380-55 59-380-56 59-380-57 59-380-58 59-380-59 59-380-60 59-380-61 59-380-62 59-380-63 59-380-64 59-380-65 59-380-66 59-380-67 PLAZA: 59-161-07 59-161-12 59-161-10 TOTAL LEVY: $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 $786.78 ", . . $16,854.70 $11,023.16 $_0.00 Building 13. Building 14. Parking Lot Residential $106,215.30 ,CommerciaL: $_ 21,877.86:::.: Total: $134,093.16 . . Town of Tiburon STAFF REPORT . . AGENDAITEM l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL FROM: SCOTT ANDERSON, DIRECTOR OF COMMUNITY <-~ DEVELOPMENT <2r~ SUBJECT: NED'S WAY GARDEN HOMES (CHANDLERS GATE) SUBDIVISION: ACCEPTANCE OF SUBDIVISION IMPROVEMENTS AS COMPLETE AND AUTHORIZATION TO RELEASE MAINTENANCE BOND ~ MEETING DATE: JUNE 18,2003 REVIEWEDBY:_~ . .... ...... ............ ................... BACKGROUND The Ned's Way Garden Homes Subdivision, now known as Chandlers Gate, was completed in May, 2002. Pursuant to the Subdivision Improvement Agreement for the project, the Town holds a one-year maintenance bond on the subdivision improvements to ensure that they are properly constructed and functioning acceptably one year following completion of the project. The Town Engineer has field inspected the improvements and found that they are in acceptable condition. He recommends that the one-year subdivision improvement maintenance bond be released. RECOMMENDATION Staff recommends that the Council adopt the Resolution. EXHIBITS . , . of r, . ~;y./---~~~: '-("...... A \'Z .... -i (-::~ ._;: :~-iC~ I' .... ("I., ^. __"___-:. _..^~,_____,.. l<t::t ~;Jg.:~~'-'-;f[J1~~(Q~ ." q^,li'Al~(.'~. , . 1. Resolution. \neds\subdivision imp release report. doc June 18, 2003 1 of 1 '" RESOLUTION NO. XX-2003 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING THE NED'S WAY GARDEN HOMES (CHANDLERS GATE) SUBDNISION IMPROVEMENTS (BOOK 2000 OF MAPS AT PAGE 138, MARIN COUNTY RECORDS) . WHEREAS, a Notice of Completion was issued on May 15, 2002 for the subdivision improvements associated with the Ned's Way Garden Homes Subdivision, located on Ned's Way near Kleinert Way; and . WHEREAS, a one-year bonding and maintenance period was established by the Subdivision Improvement Agreement for the subdivision, recorded as Serial Number 2000-0043597 of Marin County Official Records on August 24, 2000; and WHEREAS, at the end of the one-year maintenance period, it was determined that the subdivision has been completed to the satisfaction ofthe Town Engineer and that the improvements are in acceptable condition following the one-year bonding and maintenance period. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby accepts the improvements of the Ned's Way Garden Homes Subdivision as complete and authorizes the Director of Community Development to release of the one-year maintenance bond. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on , 2003 by the following vote: . AYES: NOES: ABSENT: JEFF SLA VITZ, MAYOR ..TQWNQFTIBDRON: ....- - .- ATTEST: DIANE CRANE IACOPI, TOWN CLERK Ineds/subdivision imp reso.doc Tiburon Town Council Resolution No. XX-2002 7/17/2002 1 . 1'1'" I . . . Town of Tiburon 't STAFF REPORT AGENDA ITEM . . . . .. . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . .. . . . . .' . TO: Mayor and Members of the Town Council Heidi McVeigh, Director of Administrative Services ...f:J- Adopt Investment Policy for Fiscal Year 2003-04 . ~.. . June 18, 2003 REVIEWED BY:~ FROM: SUBJECT: MEETING DATE: ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State law requires the Treasurer or Chief Fiscal Officer to submit annually to the Town Council a statement of investment policy. The Town's Investment Policy is attached as Exhibit A. This policy allows the Town to invest in certain high quality securities or instruments based on diversity and maturity guidelines. The current and past practice of the Town is to invest all idle cash in the Local Agency Investment Fund, which provides safety, liquidity and yield as outlined in the investment policy. Recommendation It is recommended that the Town Council approve the attached resolution adopting a statement of investment policy for Fiscal Year 2003-04. Attachments "to: '- RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2003-04 . WHEREAS, State of Cali fomi a Assembly Bill 1073, Chapter 1226 amended Government Code Section 53646(a) to require "The treasurer or chief fiscal officer shall annually render to the legislative body of the local agency a statement of investment policy" . WHEREAS, State of California Assembly Bill 1 073 also requires monthly reporting of local agency investment, Government Code Section 53646 (b) provides that "The treasurer or chief fiscal officer shall render a monthly report to the chief executive officer and legislative body of the local agency showing the type of investment, institution, date of maturity, amount of deposit, rate of interest, and such data as may be required by the local agency". NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt a Statement of Investment Policy (attached), and the Director of Administrative Services is directed to continue to submit a monthly investment summary statement to the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 18,2003, by the following vote: . AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR ATTEST: -. -, - . _ ___ u __ . __ .___..~_. .' .." ..,. .~_. u_.,.. _ ._.,._.'. ~ ___h .-.,.- DIANE CRANE-IACOPI, TOWN CLERK . I;;' _./--y' JI I /--) I~ n Town of Tiburon, Investment Policy Statement FY 2003-04 ~ I. PURPOSE . This Policy sets. forth the investment guideline~ for the prudent management of all surplus funds of the Town of Tiburon, Tiburon Redevelopment Agency and Tiburon Public Facilities Financing Authority. It is the goal of this Policy to establish investment objectives in accordance with the provisions of the State of California Government Code Sections 53600 et seq., and investment policy guidelines to ensure that funds under its purview are prudently invested to preserve capital, provide necessary liquidity and to achieve a rate of return consistent with the Town's needs and objectives. Investments may be made as authorized by this Investment Policy and subsequent revisions. This Statement ofInvestment Policy shall be reviewed annually by the Tiburon Town Council. The Town is therefore afforded a broad range of investment opportunities if the investment is deemed prudent and is allowable under current legislation of the State of California. ~ II. OBJECTIVES The Town's cash management system is designed to accurately monitor and forecast revenues and expenditures, thus enabling the Town to invest these surplus funds to the fullest extent possible. Surplus funds shall be invested in accordance with sound treasury management principles, State of California Government Code Sections 53600 et. seq, and this Policy. .When investing, reinvesting, acquiring, selling and managing Town funds, objectives for selecting investments, in priority of order, are 1. Safety. The primary objective shall be to safeguard the principal of the funds. The Town shall invest only in those investments considered safe. Investment ininstruments and with institutions permitted under Section 5. Investment Guidelines, 'are deemed to constitute safe investments within the meaning of this Policy. 2. Liquidity. The secondary objective shall be to meet the liquidity needs of the Town. It is important that the portfolio __.,_:.:_C2.!!!l!!n--,,!!!Y~~!m~nts.::.that.:proYide:flexibility:and..may,.easily-be':..,:..:: sold with minimal risk of loss of principal or interest. 3. Yield. The third objective shall be to achieve a reasonable rate of return on the portfolio. The investment portfolio shall be designed to attain safety and liquidity of principal fIrst, and thereafter attain a market rate of return that is consistent with portfolio design and Policy principles. ~ III. PRUDENCE Town Council Members, The Town Manager, Director of .dministrative Services and Town Treasurer, and any persons authorized to make investment decisions oil behalf of the Town, are trustees and therefore fIduciaries subject to the Prudent Investor Standard. When investing, reinvesting, acquiring, selling and managing Town funds, a trustee shall act with care, skill, prudence and diligence under the circumstances then prevailing, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims to safeguard the principal and to maintain the liquidity needs of the Town (Government Code Section 53600.3) The Pnident Investor Standard shall be applied in managing an overall portfolio. Investment offIcers acting in accordance with written procedures and the Investment Policy and exercising due diligence shall be relieved of personal responsibility for a particular security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control developments. ~ IV. DELEGATION OF AUTHORITY Authority to manage the Town's investment program is derived from approval of Town Council. Management responsibility for the Town's cash management systems and investments are delegated to the Town Manager and Director of Administrative Services. No person may engage in an investment transaction except as provided under the terms of this Investment Policy Statement and procedures established by the Town Council. ~ V. INVESTMENT GUIDELINES , Investments are to be made in high quality securities or instruments as permitted by the Government Code . and subject to the Limitations of this Investment Policy. A. Eligible securities for investment shall include the following: 1. U.S. Treasury Securities. United States Treasury notes, bonds, strips, bills or certifIcates of indebtedness, or obligations for which the full faith and credit of the U.S. Government are pledged for the timely payment of principle and.:.interest~::.::::::::.:.::::.::::::::=:,,:.:.::::::-,.=":::'::C:,::::::..::::.::::::.:::.::.::::::..:.::.:._..:::...,..cc..:....::... __c. 2. Federal Agencies and U.S. Government Sponsored Enterprises. Obligations, participations, or other instruments of or issued by a federal agency or federal . government sponsored enterprise. This includes, and is not restricted to, obligations of the: Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage Corporation (FHLMC), Federal National Mortgage Association (FNMA), Federal Farm Credit Bank (FFCB), Government National Mortgage Association (GNMA), Small Business Administration (SBA), Export-Import Bank of the United States, and the U.S. Department of Housing and Urban Development. .~ f '.. Town of Tiburon, Investment Policy Statement FY 2003-04 3. State of California and Local Agency Obligations. Registered State warrants, Treasury notes, or bonds of the State of Califomia, and bonds, notes, warrants or other evidence of indebtedness of any local agency of the State (including bonds payable solely out of revenues from a revenue producing property or asset owned, controlled, or operated by the State or local agency, or by a department, board, agency or authority of the State or local agency.) Such obligations must be rated AI, SP-I, its equivalent or higher short term, or "A" or higher long term, by a nationally recognized rating agency. 4. Commercial Paper. Commercial paper of "prime" quality rated A lIP I or higher by Moody's Investor Services, Inc. Or Standard & Poor's Corporation. Eligible paper is further limited to issuing corporations that: (a) are organized within the United States, (b) have total assets in excess of fIve hundred million dollars ($500,000,000), and have a long term debt rating of "A" or higher. 5. Negotiable CertifIcates of Deposit. Negotiable certifIcates of deposit issued by a nationally or state-chartered bank or savings association, or federal association, or a state or federal credit union, or by a state-licensed branch of a foreign bank carrying an individual rating of at least B/C by the Thompson Bank Watch or IBCA rating services, a short term debt rating of AIIPI or higher, and a long term debt rating of "A" or higher. 6 Money Market Funds. Shares of benefIcial interest issued by diversifIed management companies as authorized by California Government Code Section 536350). B. State Local Agency Investment Fund (LAIF). The Town may invest all or a portion of its investments, up to the State~mandated maximwn, in LAIF pursuant to California Government Section 16429.1. C. Diversity and Maturity Guidelines: Maximum Maximum Maximum Type ofInvestment %of % of one ." I\1~~ity -,-~"~-"~,.,,. -,-,,,' ,"'..,. ............ .' Port(oliQ : ...."jss1,!er:., ..--.--. ----.,+"..- -,.+,- U.S. Treasury 100 100 5 years Securities Federal Agencies and 65 20 5 years U.S. GSEs Commercial Paper 15 5 180 days Negotiable CertifIcates 25 5 3 years of Deposit Money Market Funds 15 15 N/A State LAIF 100 100 N/A '- ~ VI. REPORTING . Within thirty (30) days following the end of each quarter Staff shall render a report to the Town Council, which shall include the following information 1. A portfolio appraisal that includes the type of investment, issuer, date of maturity, par and dollar amount invested for all securities and investments of the Town, and shall additionally include a description of any Town monies that are under the management of any outside parties. 2. The current market value, as of the report date, of all investments, as well as the source of this same valuation. 3. A statement ofthe status of the compliance (or non- compliance) of the portfolio to this Investment Policy Statement. 4. A statement denoting the ability ( or inability )of the Town to meet its expenditure requirements for the next six (6) months. For investments placed in LAIF, a bank, or savings and loan association, the most recent statements received by the Town from the institution may suffIce in lieu of the requirements listed above. . ~ VII. SAFEKEEPING AND DELIVERY OF SECURITIES All transactions shall be executed on a Deliver versus Payment (DVP) basis. To protect against potential fraud or embezzlement, the assets of the Town shall be held in safekeeping by the Town's safe keeping agent, or secured through third-party custody and safekeeping procedures pursuant to the limitations set forth in Government Code Section 53608. These procedures will be reviewed annually by an external auditor. All investments are to be held in the name of the Town of Tiburon. . 2 ..~" ? . Town of Tiburon STAFF REPORT cr AGENDA ITEM . . . . . . . . . . . . . . . . . . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Members of the Town Council FROM: Matthew C. Odetto, Chief of Police SUBJECT: Adoption of Alarm Fee Schedule MEETING DATE: June 18, 2003 REVIEWED BY: . . . . . . . . . . . . . . . . . . . / The Tiburon Police Department recovers a portion of its operating costs through the imposition of fees on alarm permits and false alarm activations. These fees are set in the Town's fee schedules adopted by resolution. This resolution sets a fee schedule for the initial alarm permit and subsequent fines due to false alarm activations. The Town periodically reviews it fee schedule for the appropriate adjustments. Background . The Police Department responds to an average of ninety alarm activations per month. A minimum of two officers is required to respond to each alarm. Officers spend approximately 25 to 30 minutes on alarm activations from the initial dispatch to the officers' arrival on scene, and subsequent check of the property. This does not include the time spent checking the interior of the home if an open door or window is discovered. The Police Department is charged with the responsibility of processing the initial alarm permit application, issuance of the alarm permits, tracking of activations, tracking and processing non permitted homes, and invoicing home and business owners. _ _ Hourly_ rates rel?!ese_I]!Jb~~<?~t !Q th~c:T o~D.9Jeach_~l!!~lqy~el'1 ter....ms_Q.l~ala!Y'-______ . --------and l>enefits. Specifically, the employees directly involved in the alarm permit process are: Cost Recover Rates (FY 2002-2003) Police Lieutenant @ $71.45 Police Clerk @ $ 40.84 Police Officer @ $ 59.73 . June 13, 2003 1 of 3 Town of Tiburon STAFF REPORT AGENDA ITEM The Police Department staff conducted a survey of jurisdictions requiring alarm permits. In reviewing the data, it was determined that our current fee is lower than those jurisdictions that have alarm fees requiring yearly or biannual renewal as outlined in Exhibit 1. Current Fees/Penalty Schedule for Alarm Permits and False Alarms 1. Alarm user permit: Initial Permit (valid 2 years) Renewal (valid 2 years) $25.00 $15.00 2. False alarm fee and penalty based on calendar year period: A) Alarm user with valid permit First, second and third false alarm(s) No charge Fourth and subsequent alarms $100.00 Fee = $ 50.00 Penalty = $50.00 B) Alarm user without valid permit First and subsequent false alarms $100.00 Proposed Changes in Current Alarm Fee Schedule 1. Alarm user permit: Initial Permit Costs --- --------Renewalc{anrliTailyy--- -- . _$.1pO!OQ. . . f-- 50':00'-- The Police Department staff recommends no changes to false alarm and penalty fees. Analysis The Town's cost to respond to alarms and false alarms well exceeds the amount collected from the current fee schedule. The new proposed fees will better help offset the costs for responding to alarms. , . . . Alarm Fees June 13,2003 2 of 3 (i . Town of Tiburon STAFF REPORT AGENDA ITEM Recommendation It is recommended that the Town Council hold a public hearing on this proposal and adopt the proposed alarm fee schedule re.solution. Exhibits 1. Alarm permit and renewal fee survey. 2. Proposed Fee Resolution . '::::::"':':':.:::':-=-::~:-':":="::'::==::'=-'-:':'::=:::'::'-=-- - -=..";:.:'::'::"::"::== - :..'='"~- :~:=-~. -~-~ --- - --- :;..' .:..::':'::':-:.:~.:.::=.:::"=..::':::=~'-=::::'-':"":":"'~:~:":':':-_-.:.:--':::.:--~..:.-..:..:. -":,==::::-,::':.:~':~:::=-==-::.:-.:::..::-_::=.:.'^-_:- :- =,:,,'~-="-..:::.::=.:.:"- - ==-:..:.: '-=-=- --- ===:.. ":-:'::':':,,::.:::._-:.:.-::" ~'-:':':'::' . Alarm Fees June 13. 2003 3 of 3 " ~ CITY PERMIT FEE 'RENEW AL FEE Tiburon " $25 $15 (Bi-Annually) Belvedere N/A N/A S ausalito $25 - , . N/A Mill Valley N/A N/A . Twin Cities . $30 N/A Ross $50 N/A San Anselmo N/A. N/A Fairfax N/A N/A San Rafael $50 N/A N ovato $10 N/A Piedmont $100 $100 (Annually) . . &/Ll/I~~/ ,'-' " . ./ . RESOLUTION NO. - 2003 A RESOLUTION OF THE TOWN OF COUNCIL OF THE TOWN OF TIBURON ADOPTING A REVISED ALARM PERMIT FEE SCHEDULE FOR THE POLICE DEPARTMENT OF THE TOWN OF TIBURON. WHEREAS, the TiburonMunicipal Code requires that any changes to the Police Department's processing fees be set forth by Resolution of the Town Council, and . WHEREAS, it is the intent of the Town Council that such fees be used to reimburse the Town for costs of providing services for which the fees are assessed, thereby maintaining productive and efficient service levels commensurate with the work demands with the Police Department, and WHEREAS, from time to time it is necessary to revise these fees to reflect the actual costs incurred by the Police Department pertaining to alarm fees, and WHEREAS, the Town of Tiburon has provided required notice and held a public hearing pursuant to State Laws and local ordinances. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt a revised fee schedule for the Police Department, said fee schedule being attached hereto as Exhibit 1, said fee schedule to become effective 60 days from the passage of this resolution and supersede the fee schedule set forth in Resolution No. 3125 as Exhibit 3. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town' of Tiburon on June 18,2003 by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: JEFF SLA VITZ, MAYOR '.::'-'---'.::-'To'Wn'offIIJuFon'::: .---- . - -.---..------.-.------,-..----..--- ATTEST: Diane Crane Iacopi, Town Clerk ~i . . (" , Town of Tiburon STAFF REPORT 'D AGENDA ITEM ' / The Town Clerk received a Special Event Permit request for an open water swim race, . otherwise known as the RCP Tiburon Mile. This event is to take place on' Sunday, September 14, 2003, from 9:00 AM to 12:00 Noon. The promoter of the event has requested to utilize the Shoreline Park area for registration of the swimmers, awards stage and spectator use. The RCP staff expect' over 800 swimmers and a thousand spectators. There are approximately 250 volunteers that will assist the swimmers and spectators for the event. The roadway will remain open throughout the course of this event. The RCP Tiburon Mile Event Staff will set up various tents and tables in the park area between the hours of 5:00 PM and 8:00 PM the evening prior to the race. The Police Department and the Fire Department staff have met on several occasions with the promoters of this event. A comprehensive plan was developed to address the following areas of concern: (Exhibit 1.) 1. Provide adequate set up, parking and traffic control in the Down Town area. 2. Provide the appropriate security. .'_ .. "_,.,,..3..._..~[oYid~:9dequate::.::everll::.::staff.-fQr ,cleaq::l!p-=-::=._c::.:::=:.:.:=:.::::"'---'~'':::::=:':':':::::::'::::'::=::'::_=:C-C:~:::.::::::.::.:::::.::=:.--------,.--"..--.-==:: ----------------- 4. Provide adequate first aid personnel. 5. Provide adequate restroom facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . TO: MA VOR SLAVITZ AND MEMBERS OF THE TOWN COUNCIL DAVID M. HUTTON, LIEUTENANT ~ r<I- . FROM: ;~~~ ~~~~ ~;~~~~. ~;;T. ~~~~I~. .~c.p.~~~;~ ;~l~M .R~.CE BACKGROUND ANAL YSIS The Point Tiburon . Lagoon/Bayside Homeowner's Association, the Landmark Society and the Chamber of Commerce have all been contacted and support the event. The Board of Directors _ of the Point Tiburon Lagoon and Point Tiburon Bayside Condominium Associations have provided a letter voicing that support. (Exhibit 2.) June 3, 2003 1 of 2 Town of Tiburon STAFF REPORT AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -e . . . . . To date, over $100,000.00 has been raised to benefit the Special Olympics. Fox Sports Net is donating airtime to broadcast the event. The RCP staff has sub-contracted with a private film company to conduct the actual filming. Currently, the Town of Tiburon requires a $1,000.00 Filming Permit Fee for the filming of any special event held in the Town of Tiburon. The RCP staff has requested that the Tiburon Town Council consider waiving the Town of Tiburon Filming Permit requirement and any fees attached thereto for this event as stated previously, the event will be broadcast live on Fox Sports Net. RECOMMENDATION .~ . SUbject. June 3, 2003 2of2 '1' . . . ~HN.~42003 4:01PM t..,..."--~ f'. 1 THE TOWN OF TIBURON 4154352438 " ~XIJ-j/ ;5/ T -./ TOWN OF TIBURON SPECIAL EVENT PERMIT DATE OF EVENT: 9/14/03 TIME 6: 00am-12: 30pm :(Start to Finish) . TYPE OF EVENT: Open Water Swim' Race Number of P&4?ple anticipated: 800 lOCATION: I{ace from Anqel Island to Sam's, Tiburon TornmyBeach Lawn at waterfront park 5:00am-1:00pm NAME & ADDRESS OF INDIVIDUAL OR SPONSORING ORGANIZATION: Rep Events, Inc. PO Box 4098, San Rafael, CA 94903 Home Phone: 415-435-5644' Work Phone: 415-507-1440 Fax Number: 4 , c; - c; n 7 - , 4 c; h Please describe YOUR PLAN for the following: (Attach separate sheets If necessary) PARKING: Regular Tiburon outlets. Volunteers. swimmers~ and .spectators will be given instructions. on where to park. . Street Blockage or Closure: (plE:~~E: see attached event plan) Will acohol be served? NO CLEAN-UP & RECYCUNG - (REQUIRED BY TOWN OF TIBURON. Contact Romney Fennell at . 43S.7380 for details.) Garbage recepticals will be used as well as dumpsters.w will voluntarily clear beach morning of the race. We will hnve a clean up r.n:~w to hll~ t:hp rrll'P nrprI r1nn rlC::C::llIPP Fhrlt- rlll 'Jrlrhrl'Jp ; c:: cleaned when :-we vacate. . FIRST AID: An arilbulace, will be located at the finish, & .. a('First Do you anticipate using sound amplification equipment? YES If 110, pl... describe: A small PA sy~tp-rn wi" hp ll~pnnt: Snrn'~ t-n llpnrlt-p ~wi mmprc:: lAd t-1-I ; nf("lrmrlt-i ("In. rlnd rlt- wrlterfront pa'rk for award ceremony.. . Your Permit will be approved ~ after receipt of documentation showing that the Town of Tiburon has been added as an additional named insured to your insurance policy for this event This nonnally ll)Quires an endorsement A certificate showing only that you have insurance is not sufficient. Special Event Iw ~ . ~ Aid booth wi be manned a waterfront. park. APPROVED BY: Chief of Police Date Superintendent of Public Works Date Planning Director Date. Date MJ3 Town Manager ~ THE RCP TIBURON MILE OPEN WATER SWIM '\ Event Plan Summary DATE: Sunday, September 14,2003 . TIME: 9:00 A.M. - 12:00 NOON LOCATION: Angel Island to Downtown Tiburon. EXPECTED NUMBER OF SWIMMERS: 800 EXPECTED NUMBER OF SPECTATORS: 2000 NUMBER OF VOLUNTEERS (on shore): 150 NUMBER OF VOLUNTEERS (on water): 100 RACE CONTACT: Julie Marshall-Event Planner Jason Crow-Venue Operations Robin Schaefer-Director of Operations 415-507-1440 prior to event 415-577-1175 day of event 415-507-1440 priorto event 415-279-5643 day of event --------------------------------------------------------------------------------------------------------------------------- SET UP: We will provide people in orange bibs with signs as traffic control during set up. Please have sprinklers shut off from4pm Fri, 9112/03-Monday morning. . 5:00pm to 8:00pm-Saturday, September 13, 2003 1 large tent (approx. 20 x 80) for swimmer's brunch will be set up. Six awnings (lOx 10) will be set up for swimmer registration, check in, etc. Mill Valley refuse will deliver one dumpster to be placed in the parking lot ofthe Historical Society. Portable toilets will also be delivered and placed in the parking lot. Toilets will be enclosed in a tented area and clearly marked and covered with white lattice like last y~ar. Tables, chairs and all ancillary equipment and signage will be posted the evening prior to the event to mInImIZe early mornIng nOIse. Picket fen~ing \Vill?ep~"ac:? ~1?~-?-~~}~Il~t~?ft~~~~~:1Jtc=~?::::S~~_g~~~,~~:2L~tI~~U2:Pl~Y~ELfQotl~~ffl~= ::~-.::.=:=frbriFWalhfilfoidhe'lawn~--------mm-~--~---------- ",' '" . Parking signage will be made visible. Please review the attached Site Map for layout. SAFETY/SECURITY: Security will be provided the same as last year. One security personnel will be at the site from 8:00 pm Saturday, September 13th to 6:00am Sunday, September 14th. The security personnel'will guard the event site during the course of the evening. At 6:00 am two more security personnel will arrive. At this time, security will be stationed at the entrance to the Homeowner's parking lot to assure that event participants do not park in the Homeowner's lot. Security will be stationed at the awards/staging area and at the swimmer baggage area as well. . ,! . . First Aid will be located at the finish line, on Angel Island Tiburon Ferry dock and the American Red Cross will be available at the event site (Waterfront park) in addition to water safety personneL This will include approximately 9 people. Doctors will be on hand at the finish line, and an ambulance will be10cated in the parking lot of the Corinthian Yacht club. Anevent safety plan is attached for your reference. PARKING & TRAFFIC CONTROL: As in past years, we provide all swimmers, volunteers and sponsors with pre-event letters explaining the parking situation in Tiburon and encouraging car-pooling. In . addition, our personnel will manage traffic flow. There will also be 2 designated spots with traffic control. The drop-offs will be at the Main Street turnaround and at the water fouptain. There will be no double-parking allowed. TEAR DOWN: The event runs to 12:00 noon and we expect to have our tear down complete between 2:00 and 5:00 pm. The dumpster and porta-potties will be picked up between 1:00 pm and 3:00 pm on Sunday, along with all other equipment. ...."m_'.. ._~-,,-_._._,._--'- . .. ,........"......'.....-,.." .......~.' . ,-,".,,--"""-'~-~'-'''--_._'-'._'--'''-'-'-'' . ...,"~ --..-,---...---"-'--".."--.--- ", . .f' " . . . , ~ ,Ekt!18/-r 2- p o I N T ...' .--.- --- lIft T I B u R May 13, 2003 Christine Wilson, Event Coordinator The RCP Tiburon Mile P.O. Box 4098 Sal1 Rafael, CA 94913.4098 Reference: 208 Paradise Drive Dear Ms.'Wilson: On behalf ofthe Board of Directors of Point Tiburon Lagoon al1d Point Tiburon Bayside Condominium Associations, we wanted to wish you the best on The 5th Anuual RCP Tiburon Mile Open Water Swim to be held on September 14, 2003. . . We wanted to let you know that we appreciate your communication and, along with the Town of Tiburon, give you full support towards this wonderful fund raising community cause. . Your inVItation to join you in the VIP only affair sounds like a lot offun., Thank you. Sincerely, ~aY. Gen roo Manager As Directed by the oard of Directors Point Tiburon Baysi e Condominium Association :':':::"::'PoinFTiburon};agoo ,ColldominiunlAsli9,gialiQll,,:cc ...--........,.............,.,..".".-... ,--.......-......-..---..---. cc: Board of Direclor LAGOON CONDOMINIUM ASSOClAT10N Ml1iling Address 5~ Lagoon VislCl, Tiburon, Cil. 94920 OHice LOC(lLioT' 1680 C Tiburon Blvd., Tiburon, CiI. BA YSIDE CONDOMINIUM AS50CIATIO!\ Mailinf, Address !'is L.al!oon Vista, Tiburon, Ca. 94.920 Office, Location 1680 C Tiburon Blvd., TiUUJon, CI3- o N _.,-.....,..,._-,.,..........,,',',....,..,...,~..,.- ----.-..--..----....--- Telephont> 41543S.3467 415435.8504 FAX . TelephoM 415435-3467 415435-8's04 FAX ,.~ . Town of Tiburon STAFF REPORT /1 AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL FROM: HEIDI McVEIGH, DIRECTOR OF ADMINISTRATIVE SERVICES BRIAN M. STOTT, ADMINISTRATIVE & FINANCIAL ANALYST ADOPTION OF 2003-2004 MUNICIPAL BUDGET PLAN AND ENABLING RESOLUTIONS SUBJECT: MEETING DATE: JUNE 18, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MUNICIPAL BUDGET PLAN At its meeting on June 4,2003, the Town Council reviewed the Proposed Fiscal Year 2003-2004 Municipal Budget Plan and directed staff to bring back the resolutions adopting the budget with the recommended changes. . The budget is balanced as follows: Projected Revenues Projected Expenses $6,377,712 '$6,228.714 . $ 148,998 Operating Surplus The Total Budget for the Town including all funds (operating, capital improvement, debt service and the Redevelopment Agency) is $8,477,309. Recommended Changes from Proposed Budget Compensation Chanqes from the Proposed Budqet The Town Council authorized several changes to the budget in the area of salaries and benefits. The budget reflects compensation adjustments for all employees. For all Management and Mid-Management/Non-Represented employees, the Town Council authorized a 3% increase to the top of each position's salary range effective July 1, 2003. . As a result of the MAPE and TPA labor contracts, certain subordinates find themselves "bumping" into supervisors. Town staff performed a compaction study to look at these issues and determined that additional compensation i. / Town of Tiburon STAFF REPORT . AGENDA ITEM adjustments would be needed in the Police Department and the Community Development Department. These adjustments have been reflected in the Mid- management. Resolution. In addition, Town staff performed a salary survey with other Marin County jurisdictions and found that consistent with the Town's Adopted Compensation Policy, adjustments were found to be required in additional positions. However, as directed by Town Council, the proposed FY 2003-04 Budget reflects a decrease of $640,000 in General Fund monies as a result of the State budget. Recognizing the revenue shortfall, if by December 1,2003, the Town has received, or has knowledge that it will receive up to 50% ($320,000) of our revenue shortfall, then effective January 1, 2004, an equity adjustment will be implemented for the affected positions. These have been reflected in the respective resolutions. Since Health Insurance rates do not adjust until January 1,2004, the Town Council also agreed that increases to the Cafeteria Benefit amount that each employee receives be effective January 1,2004. If by December 1,2003, the Town has received, or has knowledge that it will receive up to 50% ($320,000) of our revenue shortfall, then effective January 1,2004, Mid- management/Non-represented and Management employees will receive an additional $100/month. However, if it appears the Town will not realize 50% of the revenue shortfall, then alternatively, the increase will be an additional $50/month for each Mid-management/Non-represented and. Management employee. . Capital Chanqes to the Proposed Budqet ____~tbe(eca [8_alsoJwo_ccapitalj mpJovemeot_projectscaod_one_ca pitaLoutlay__--:-_______________________c-_______________ purchase that were thought to be completed before the end of the 2002-03 fiscal year but will actually need to be carried over into the FY 2003-04 Budget. The two capital improvement projects are the construction of a permanent restroom on the Multiuse Path at the South of Knoll Park and the Master Plan for the Corporation Yard. The other carry.;.over item is the Capital Outlay purchase of the document imaging system, which will cost $14,000. . Municipal BUdget Pial June 18, 2003 2 of 5 ~ . Town of Tiburon STAFF REPORT AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . These carry-over items will not change the fund balances as they were already budgeted in the FY 2002-03 Budget. FY 2003-04 APPROPRIATION LIMIT Proposition 4, approved by California voters in November 1979, established and defined annual revenue appropriation limits on all government entities. Proposition 4 became effective in Fiscal Year 1980-81; however the calculations to determine the annual limit are carried.from a Fiscal Year 1978- 79 base. Prop 4 was modified in 1990 with the passage of Prop. 111, which slightly changes the annual adjustment factors, further identification of the types of expenditures which are excluded from the limit, and provisions for the exclusion of emergency expenditures from the limit. Implementation legislation provides that the Town Council shall, at a regularly scheduled meeting, establish by resolution the amount of appropriation subject to limitation. The State is to be provided with informational forms with the filing of the Annual Statement of Financial Transactions no later than ninety days after the start of the fiscal year. . The appropriations limit is the calculated dollar amount which limits the Town's ability to receive and expend proceeds of taxes. Such revenues include: Property Taxes, ERAF rebates, Sales Taxes, Real Property Transfer Taxes. Transient Occupancy Taxes, Business License Taxes, State Motor Vehicle Fees, Off-Highway Taxes, certain rental income, other revenues and rebates (excluding Redevelopment Agency Fees), a share of Investment Earnings, and transfer offunds from other funds into reserves of the General Fund. The limit is calculated by adjusting the previously adopted limit by factors ------whiGh-inGltlge;-cc(-1+4he'-State:oLCalifomiaJ~eLGap-tlgLI nQQ!Tle ~[Q~J:l ,angJ?J____________ _._ the Town's Population Grown. Both these figures are provided by the State - --.-..-.------ Department of Finance. The limit is further adjusted if cities bear the costs of legislated fees for the transfer of responsibility. The County, through SB 2335, established fees for the collection of property taxes and for booking prisoners. The calculation for the Appropriations Limitation for FY 2003-04 is illustrated on the following page: . Municipal Budget Pial June 18, 2003 3 of 5 'i Town of Tiburon STAFF REPORT . AGENDA ITEM Gann limit Calculation...., FY 2003-04 Amount 1. Previously established limit, July 1, 2002 2.' Adjustment Factors Per capital personal income Population growth $4,911,228 2.31% 1.69% 3. Multiplier, for adjustment to limit (1.0231 x 1.0169) 1.0404 (1) x (3) $5,109,642 4. Subtotal new limit 5. Add: legislated pass-through fees County property tax collection County Booking Fees $25,000 9,000 6. Revised limit, July 1, 2003 $5,143,642 . ---~_._,----,---~_._--~._--~--_.~---_._..~._~--,.---~-'--------_._~-~---,-_._-------_.__._-------_._-_.._-----_...-----------~--------------_._-----_._-------------~--- . Municipal Budget Pial June 18, 2003 4 of 5 . Town of Tiburon STAFF REPORT AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GENERAL FUND TO THE LONG RANGE PLAN FUND At the regular Town Council meeting of June 4,2003, Staff introduced the proposed municipal budget for fiscal year 2003-04. As part of the presentation, Council was advised that the Long Range Planning Fund, which is funded via a developmentimpact fee, would require a loan of $100,000 from the General Fund. This loan is reflected in the proposed budget as a transfer out of the General Fund and a transfer into the Loan Range Planning Fund on the Changes to Fund Balance Projections. Previously, in October 2001, $150,000 was transferred from the Undesignated General Fund Reserves to the Long Range Plan Fund, in order to provide seed-money for the General Plan Update. Prior to establishing the Long Range Planning Mitigation Impact Fee, General Plan Updates have been an expense to the General Fund. . The Long Range Plan Fund receives approximately $40,000 each year in development impact fees and interest earnings. It is anticipated the General Plan Update process will be substantially completed by the fiscal year end; June 30, 2004. After completion of the General Plan, the Long Range Planning Fund will begin to accumulate revenues with little or no expenditures against these funds, at which time the fund may begin repaying the General Fund. In order to memorialize this loan from the General Fund, staff has prepared the attached resolution for Council's adoption. Recommendation It is recommended that the Town Council hold a public hearing and approve ---the-attached-res0Iuti0As~ --.----------- --~-- -------- -----------~~ 1. Adopting the Municipal Budget Plan for FY 2002-2003; 2. Adopting a Revised Management Recognition and Incentive Compensation Program; 3. Adopting a Revised Mid-Management, Professional and Confidential Employee Recognition and Incentive Compensation Program. 4. Establishing the Town's Appropriation Limit for FY 2003-2004; and 5. Adopting a Loan from the General Fund to the Long Range Planning Fund. . Exhibits Municipal Budget Pial June 18,2003 5 of 5 .' . . . II (3 ) RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A MUNICIPAL BUDGET PLAN FOR THE TOWN OF TffiURON AND THE TffiURON REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDING JUNE 30, 2004 WHEREAS, the Town Council conducted a Public Hearing concerning the proposed Municipal Budget Plan for fiscal year2004 at it regularly scheduled meeting of Wednesday, June 4,2003 and on Wednesday June 18,2003; and WHEREAS, the Town Council now finds that the proposed Municipal Budget Plan, as estimated, provides for all appropriate municipal purposes and services with current fund(s) and resources and estimated revenues for fiscal year 2004; and J NOW, THEREFORE, BE IT RESOLVED; that the proposed Municipal Budget Plan appropriates revenues and other sources of funds for expenditures associated with operations, capital outlays, capital improvements, debt services, and the Redevelopment Agency in the following amounts: Section 1. General Fund Operating Budget Program - The proposed Plan has . sufficient resources to finance the planned expenditures: Revenues and Funding Sources $6,377,712 Expenditures 6,228,714 Total Operating Net: $ 148,998 Section 1 a. General Fund Operation Revenue Appropriation - Estimated Revenues and Sources of Funds for fiscal year 2004 GENERAL FUND Property Taxes . $2,007,000 Other Taxes 1,049,000 -'-Franchise::.Fees..----------~-----------~-----'------'-: -'----'--355;000=------ Fines & Forfeitures 199,000 Investment Earnings 97,000 Intergovernmental & Agency 225,300 Licenses & Permits 783,200 Charges for Services 289,100 Other Revenues 65,500 Subtotal General Fund Revenues $5,070,100 OTHER FUNDING SOURCES Employee Compensated Leave $ 29,800 Low/Moderate Housing Fund 55,950 Peninsula Library Agency 850,000 Long Range Planning Fund 182,288 Police COPS/SLESF Fund 189,574 Total Revenues & Sources $6,377,712 Section lb. General Fund Expenditures Appropriation - Planned Department expenditures for fiscal year 2004: AMOUNT ADMINISTRATION Town Attorney $ 148,313 Town Administration 861,267 Administration Building 60,600 N on-Departmental 905,950 Legislative J 7,400 COMMUNITY DEVELOPMENT Planning & Design Review $ 386,088 Building Inspection 382,231 Advance Planning 184,632 POLICE Police Department $2,155,148 Police Building 41,230 PUBLIC WORKS Administration $ 275,963 Streets Maintenance 388,422 Parks Maintenance 288,970 Street & Signal Light Maintenance 41,400 Corporation Yard 71,100 ---_.-~---~_.._-_._~-~~.-~._..__._._--------------"~---_._~.~_._------_._. --- ------- Total Expenditures: $6,228,714 . . . . Section 2. Capital Improvement Program - Sources of Funding for Planned Streets, Drainage and Community Development Improvements in fiscal year 2004: . . SOURCES PROJECTS Circulation System Improvement Fund 151,000 Gas Tax Fund 174,700 General Fund Streets & Drainage Reserve 270,000 Marsh Restoration Fund 32,000 RZH & Per Capita Grants 35,000 Parks In-Lieu Fund 87,000 Property Development Tax Fund 22,000 Public Arts Fund 100,000 Street Impact Fund 282,000 General Fund Infrastructure & Facility 75,000 Safe Routes to School Grant 30,000 General Fund '15,800 PW Corporation Yard Improvement Fund 25,000 STREETS Resurfacing $ 295,000 Engineering & Administration 151,700 Intersection Improvements 181,000 Subtotal Streets Improvements $ 627,700 DRAINAGE Taylor Road @ Paradise Drive $ 20,000 Spanish Trail Surface Drainage Improvements 60,000 Benton Court Storm Drain 20,000 Old Landing Road near Paradise Drive 50,000 Railroad Marsh Improvements 67,000 Juno Road Curb & Gutter 45,000 Linda Vista Curb & Gutter 5,000 Contingency Repairs 25,000 Tiburon Blvd. (ci2 Beach Road 15,000 .::Gatch:.Basin-'Repairs::-..:::.:....------...----.-.------ --_._-~._~----, -.. L5_,000_ . Preparation of Plans / Specification 25,000 Subtotal Drainage Improvements $ 347,000 COMMUNITY DEVELOPMENT Ferry Plaza Bike Rack Installation $ 2,800 Shoreline Park Waste Receptacles 27,000 Town Hall Improvements 97,000 Blackie's Pasture Irrigation Upgrades . 15,000 South of Knoll Park Restrooms 17,000 Repair / Replace Multi-Use Path Surface 20,000 . South of Knoll Parks Playground Improvements 1,000 Fountain Plaza Bench Replacement 10,000 Fountain Plaza Public Art Project 100,000 Replace Tiburon Blvd. Street Light Shades 10,000 Public Works Corporation Yard Master Plan 25,000 Subtotal Community Development Projects $324,800 Total Capital Improvements " . $1,299,500 . Section 3. Debt Service Program - Planned Debt Service and related expenses for special assessment, community facilities districts, and general obligation bond issues of the Town are as previously planned: . BOND ISSUE AMOUNT Gilmartin Drive Refunding District ,. $ 271,430 Hillhaven Undergrounding Assessment District . 45,506 Linda Vista Undergrounding District 7,503 Main Street Assessment District 38,500 Pt. Tiburon Community Facilities District 129,100 Stewart Drive Assessment District 105,900 Tiburon Public Facilities Financing Authority 187,531 Via Capistrano Assessment District 16,425 Total Debt Service $ 801,895 . Section 4. Redevelopment Agency Budget Plan - The following tables provide overview information for the general increment and Housing Set-Aside Funds of the Redevelopment Agency in fiscal year 2004. . Redevelopment General Increment Fund: AMOUNT Revenues & Sources .,.. $ 4,000 Expenditures 4,500 Total Operating Net ($ 500) Redevelopment Agency Housing Set-Aside Fund: AMOUNT Revenues & Sources $ 12,500 Expenditures 6,000 Total Operating Net $ 6,500 . . IT IS FURTHER RESOLVED, that the Town Manager may make adjustments and activities within the budget provided that no increase or diminishment in salaries result other than that provided by the Town's Personnel System and Master Salary Program, or as authorized by the Town Council, and provided that no expenditure or encumbrance contingent on contract agreement, or other engagement requiring approval of the Town Council shall be made until such contract is first approved by the Town Council. . . . PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 18,2003, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR ATTEST: DIANE CRANE-IACOPI, TOWN CLERK . . RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 38-2002 AND ADOPTING AN AMENDED MANAGEMENT RECOGNITION AND INCENTIVE COMPENSATION PROGRAM WHEREAS, in January 1979, the TownCounci1 established and adopted a Management Recognition and Incentive Compensation Program, in order to promote the development of a strong, more effective management team and a means ofrecognizing outstanding mariagement performance in all public service areas; and WHEREAS, the Management Recognition and Incentive Compensation program enhances the professional growth, motivation, and loyalty of management employees and promotes a consistently higher level of service to the public; and WHEREAS, the Town Council has updated and amended the Management Recognition and Incentive Compensation Program on several occasions, most recently in 2002 by the adoption of Resolution No. 38-2002; and WHERAS, the Town of Tiburon management employees are defined to mean the following positions: . Town Manager Town Attorney Chief of Police Director of Administrative Services Director of Community Development Director of Public Works/Town Engineer NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby repeal Resolution No. 38-2002 and all predecessor versions of the Management Recognition and Incentive Compensation Program and adopts the following amended Management Recognition and Incentive Compensation Program: SECTION 1. SALARIES II (6 ) --------------------"~-~------ .. . -..-...,. Effective July 1, 2003 salary ranges for manage~ent positions ~hallb-~~----.---.----_.----.-..- . Town Attorney Chief of Police Director of Administrative Services Director of Community Development Director of Public Works/Town Engineer $8,250 - $10,312 $7,858 - $9,822 $5,941 - $7,426 $6,609 - $8,261 $7,482 - $9,352 Page 1 As directed by Town Council, the prqposed FY 2003-04 Budget reflects a decrease of $640,000 in General Fund monies as a result ofthe State budget. Ifby December 1, 2003, the Town has received, or has knowledge that it will receive, up to 50% ($320,000) of our revenue shortfall, then effective January 1, 2004, equity increases for the following positions will be provided: . Director of Administrative Services Director of Community Development 8.65% 4.42% Therefore, the new salary ranges for these positions shall be: Director of Administrative Services Director of Community Development $6,455 - $8,068 $6,901 - $8,626 SECTION 2. SALARY ADJUSTMENTS The Town Manager shall submit annually to the Town Council recommended salary ranges for management employees. T~ese ranges will be based upon the Compensation Policy adopted by the Town Council. Movement through the salary ranges will be based upon merit following a comprehensive written performance evaluation by the management employee's direct supervisor. SECTION 3. BENEFITS AND INSURANCE . As directed by Town Council, the proposed budget reflects a decrease of $640,000 in General Fund monies as a result of the State budget. Ifby December 1,2003, the Town has received, or has knowledge that it will receive up to 50% ($320,000) of our revenue shortfall, then effective January 1, 2004, the Town of Tiburon shall contribute $725 per month towards a management employee's fringe benefit coverage. However, if the State fails to fund up to 50% of the revenue shortfall, then alternatively effective January 1, 2004, the Town of Tiburon shall contribute $675 per month towards a management employee's fringe benefit coverage. If the full sum specified is exceeded for group insurance of a given employee, then that employee shall pay the balance of the monthly cost via a payroll deduction from the first two_payrolls~oLthe,.month.::cILthe-,fuILsum_sp.-ecified is not used for the group_insurance cost of a given employee, then that amount shall be deposited into the Town's Deferred Compensation Plan in the employee's name. Retirement - For Miscellaneous Members of the Public Employee's Retirement System, the Town of Tiburon shall provide management employees the PERS 2%@ 55 retirement benefits, with highest single year calculation and service credit for unused sick leave. For Local Safety Members of the Public Employee's Retirement System the Town shall provided management employees the PERS 2% @ 50 (3% @ 55 effective June 1, 2004) retirement benefit, average three highest years calculation, and service credit for . unused sick leave. The Town shall contribute on behalf of management employees the full employer and employee retirement contributions, Page 2 . . Medical Insurance - The Town of Tiburon offers management employees and their dependents medical/hospital insurance coverage. A qualified employee may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for medical/hospital insurance coverage. Such insurance is mandatory for covered employees unless they can demonstrate compliance with other coverage. Dental Insurance - The Town of Tiburon offers management employees and their dependents a dental plan. Such insurance is mandatory for all qualified employees unless they can demonstrate compliance with other coverage. Life Insurance -The Town ofTiburon offers management employees a life insurance policy equal to one year's salary, not to exceed $95,000. Such insurance is mandatory for all full-time employees. If the mandatory amount is not exceeded, the Town of Tiburon offers management employees additional life insurance up to a combined total of no more than $95,000. Participation is optional. Disability Insurance - The Town of Tiburon offers management employees long term disability insurance. Such insurance is optional, except for the position of Chief of Police. Long Term Care - The Town of Tiburon offers management employee a long-term care policy. Participation is optional. Deferred Compensation Plan - The Town of Tiburon offers a deferred compensation plan to management employees. Such monies deposited would become tax-deferred and would be subject to income taxation in the year they are withdrawn from the deferred compensation plan. Participation is optional. IRS Section 125 Plan - The Town of Tiburon offers management employees the ability to participate in its IRS Section 125 Plan. Participation is optional. SECTION 4. VACATION LEAVE In recognition of the fact that many top management personnel are recruited from outside the Town, that the average tenure for those management personnel is substantially more ___________~______~____than,thaLofnon~managementp-ers-onnel,.:and::1b.J!l..atJeas_ttill~~:.::y~ill:s:P1:i.Qr"~}(:R~!'i~!!~~j~e:.... required, the following vacation leave policy for management personnel shall be implemented: . Page 3 Management employees holding their respective positions as of September 2, 1998, shall accumulate vacation time in accordance with the following vacation entitlement . schedule: Service Work Davs 1 Year 3 Years 5 Years 10 Years 15 Days 18 Days 20 Days 25 Days Management employees hired after September 2, 1998 shall accumulate vacation leave in accordance with the following vacation time entitlement: . Service Work Days 0-5 Years 6-15 Years 16+ Years 15 Days 20 Days 25 Days Upon termination of a management employee's service with the Town, such employee shall be paid a lump sum equivalent to hislher accrued vacation leave. Maximum accumulation of vacation leave is 40 workdays. SECTION 5. VACATION LEAVE CONVERSION . After one year's service with the Town, Management employees who use at least 10 working days of vacation leave, may convert into cash payment up to 50% ofthetotal number of vacation hours taken in a calendar year, notto exceed 10 working days. Vacation leave conversion will be granted during the month of December each calendar year. SECTION 6. SICK LEAVE Management employees shall be entitled to accrue one working day of sick leave with pay for each month or major fraction thereof. Sick leave may be accrued by management ---=------------__~--:"=.employees:without..,a.maximumJimitati911-'"______..____________________________c________________________~___,__ SECTION 7. SICK LEAVE PAY OFF Management employees hired prior to July 1, 2001, or if their employment contract states differently, may receive cash equivalent compensation of 50% oftheir accrued sick leave, up to a total of 60 days, if the following conditions are met: a. The employee files for a service retirement from the Town, or b. The employee voluntarily separates from the Town and has at least 15 years of service with the Town. . Page 4 . . . For management employees hired after July 1, 2001, may accrue unlimited sick.1eave with no option for "cashback" benefits. SECTION 8. HOLIDAYS The Town agrees to provide management employees the following holidays: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September December 26 Fourth Thursday in November Friday after Thanksgiving December 24 December 25 'December 31 Christmas Eve Christmas Day New Year's Eve When a holiday falls on a Saturday the preceding Friday shall be deemed a holiday. When a holiday falls on a Sunday, the following Monday shall be observed. For management employees who work an alternative work schedule and a holiday falls on his/her regular day off, he/she shall select either the preceding or following regular working day off. Effected employees shall provide the Town Manager with at least one week's notice as to which day they will observe as a holiday. SECTION 9. FURLOUGH All represented employees will be required to take a 3-day furlough. The days furloughed will be December 29 and December 30,2003. Tiburon Town Hall will be closed from December 24,2003 through January 1,2004. However, employees may not suffer compensation loss. The Town will provide a one- time paid day off for the December 29, 2003 day and the employee will be required to take a vacation day for the December 30, 2003 furloughed day. Proposed Schedule: Wednesday, December 24, 2003 Thursday, December 25, 2003 Friday, December 26, 2003 Monday, December 29,2003 Tuesday, December 30, 2003 Wednesday, December 31, 2003 Thursday, January 1,2004 Christmas Eve Holiday Christmas Holiday Veterans Day Observance Furlough Day #1 (additional day off) Furlough Day #2 (vacation day) New Years Eve Holiday New Years Holiday Page 5 SECTION 10. ADMINISTRATIVE LEAVE In recognition ofthe long hours required to perform at the management level, including . attendance at numerous meetings outside normal working hours, the following Administrative Leave policy shall be implemented: Management employee may receive up to ten days administrative leave annually, to be awarded at the discretion of the Town Manager. Administrative Leave shall be taken in one-day increments. SECTION 11. DINNER ALLOWANCE All management employees who live more than 10 miles from Town and who are required to attend night meetings or work after office hours beyond 7 :00 P.M. may be reimbursed in an amount not to exceed $15.00 for the purchase of dinner for that night. This allowance applies to management employees who reside outside a ten-mile radium of the Town. Employee reimbursement is subject to the approval ofthe Town Manager and must be accompanied by a restaurant receipt, which shall include the amount, date, . meeting or purpose, and the employee's name. SECTION 12. TERMINATION ALLOWANCE In order to foster job security within a professional climate, management employees will be entitled to severance pay when they are terminated from Town service. However; . such employee must be in the employ of the Town for at least three (3) years, and such termination is not for cause or for reasons listed in Government Code Section 19572, the Town's Personnel Rules & Regulations, Section 6, or any employee who voluntarily resigns from Town Service for personal reasons. Unless otherwise noted in an Employment Agreement, Management employees shall be covered by the following termination allowance schedule: Service Work Weeks After: 3 years I month 7 years 2 months __~-=_______~___~_____::......_10~ears=:.._::c,,_____,___:~~lJJlQJJJhs _~_~______________~__~___~______ This severance pay is in addition to any accrued vacation leave, unused at the time of termination. . SECTION 13. VEHICLEUSAGE/ALLOWANCE Management employees, to a far greater extent that other Town employees, are required to travel throughout the Town, County, and Bay Area to fulfill their job requirements. This travel is frequently required outside of normal working hours. In recognition ofthis . employment requirement, the Town shall provide either the use of a Town vehicle or an automobile allowance, as provided in the Town budget. Use of a Town vehicle shall be Page 6 . . . in accordance with the Town's Administrative Policies and Procedures and is not intended for private use. SECTION 14. TUITION REIMBURSEMENT In order to promote continued development of skills, knowledge, and abilities among management employees, the Town of Tiburon shall reimbursement the costs of tuition, books and fees at the rate of the California State University system. Employees must receive prior approval of the Town Manager and submit certified transcripts with the evidence of a grade of "C" or better from an accredited college or university and submit bona fide receipts to qualify for tuition reimbursement. SECTION 15. PROFESSIONAL MEMBERSHIP FEES Most management personnel are expected to maintain membership in appropriate professional organizations. These memberships serve to acquaint the Town with current programs and procedures in these professional areas by means of publications and specific activities. The Town will include the cost of these membership fees in the respective departmental budgets. SECTION 16. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE The Town of Tiburon will make contributions toward a retired employee's medical insurance plan based upon the following conditions: a. Employee must retire directly from employment with the Town of Tiburon and apply to PERSfor retirement benefits. b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. c. The Town's contributions rate is based on the following formula: Percent of Kaiser Single Rate Years of Consecutive Service to Town 75% 100% 20 Years 25 Years Such coverage is not extended to employee's spouse or other dependents. Page 7 NOW, THEREFORE, BE IT FURTHER RESOLVED that the provisions of this resolution shall supersede any other previous rules and resolutions ofthe Town of Tiburon which . may be in conflict herewith. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on ,2003, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JEFF SLA VITZ Mayor ATTEST: DIANE CRANE-IACOPI T own Clerk . . Page 8 . . . II (C) RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 39-20.0.2 AND ADOPTING AN AMENDED MID-MANAGEMENT, PROFESSIONAL & CONFIDENTIAL EMPLOYEES RECOGNITION AND INCENTIVE COMPENSATION PROGRAM WHEREAS, in January 20.0.2, the Town Council established and adopted a Mid- management Recognition and Incentive Compensation Program in order to attract and retain professional, competent and qualified employees to carry out the Town's public service mission, and WHEREAS, such a program enhances the professional growth, motivation, and loyalty of mid-management, professional and confidential employees and promotes a consistently higher level of service to the public; and WHERAS, the Town of Tiburon mid-management, supervisory and confidential employees are defined to include the following positions: Administrative Aide Advance Planner Associate Planner Deputy Director of Public Works Police Lieutenant Planning Manager Town Clerk Administrative & Financial Analyst Assistant Superintendent of Public Works Building Official Information Technology Coordinator Police Secretary Records Management Clerk NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby repeal Resolution No. 39-20.0.2 and all predecessor versions of the Mid- Management, Profession & Confidential Employees Recognition and Incentive Compensation Program and adopts the following amended Mid-Management, Profession & Confidential Employees Recognition and Incentive Compensation Program: SECTION 1. SALARIES ~----=-=:::~ff~~liveJu1 y.J, .20Ql sa1~:r<l!!g~s- for g!la1i!led. Rosij!(m~ shall_b~_______,____---=-____________________:..___ Account Clerk (part-time) Administrative Aide (part-time) Administrative & Financial Analyst Advance Planner Asst. Supt. of Public Works Associate Planner Building Official Deputy Director of Public Works Information Technology Coordinator up to $2Q.6Q/hr. up to $2Q.6Q/hr. $4,244 - $5,30.5 $4,984 - $6,229 $4,324 - $5,40.4 $4,0.29 - $5,0.37 $5,40.4 - $6,755 $5,566 ~ $6,832 $5,0.92 - $6,365 Page 1 Police Lieutenant Police Secretary Records Management Clerk Planning Manager Town Clerk $6,653 - $8,316 $3,289 - $4,111 $2,802 - $3,502 $4,984 - $6,229 $4,054 - $5,068 . As directed by Town Council, the proposed FY 2003-04 Budget reflects a decrease of $640,000 in General Fund monies as a result of the State budget. Ifby December 1, 2003, the Town has received, or has knowledge that it will receive up to 50% ($320,000) of our revenue shortfall, then effective January 1, 2004, an equity increase for the following position will be provided: Town Clerk 2.43% Therefore, the new salary range for this position shall be: Town Clerk $4,153 - $5,191 SECTION 2. SALARY ADJUSTMENTS The Town Manager shall submit annually to the Town Council recommended salary ranges for mid-management, professional and confidential employees. These ranges will be based upon the Compensation Policy adopted by the Town Council. Movement . through the salary ranges will be based upon merit following a comprehensive written performance evaluation by the employee's supervisor. SECTION 3. BENEFITS AND INSURANCES As directed by Town Council, the proposed budget reflects a decrease of $640,000 in General Fund monies as a result of the State budget. Ifby December 1,2003, the Town has received, or has knowledge that it will receive up to 50% ($320,000) of our revenue shortfall, then effective January 1, 2004, the Town of Tiburon shall contribute $675 per month towards a mid-management employee's fringe benefit coverage. However, if the State fails to fund up to 50% of the revenue shortfall, then alternatively, effective January 1,2004, the Town of Tiburon shall contribute $625 per month towards a mid- ~____~___~__",,-_,--:.D1...Jlnag~m~nL~mptQy_e~~_s ,fring~~b.ene:5.LQover::lge., P:~n1:1im~:emplQy~~s.wil1,.[~Q.~iYe-,!L.~~______ prorated contribution based on their scheduled number of hours worked per week. If the full sum specified is exceeded for group insurance of a given employee, then that employee shall pay the balance of the monthly cost viaa payroll deduction from the first two payrolls of the month. If the full sum specified is not used for the group insurance cost of a given employee, then that amount shall be deposited into the Town's Deferred Compensation Plan in the employee's name. Retirement - For Miscellaneous Members of the Public Employee's Retirement System, . the Town of Tiburon shall provide PERS 2% @ 55 retirement benefits, with highest Page 2 . single year calculation and service credit for unused sick leave. For Local Safety Members of the Public Employee's Retirement System the Town shall provided 2% @ 50 retirement benefit (3% @ 55 effective June 1,2004), average three highest years calculation, and servic.e credit for unused sick leave. The Town shall contribute on behalf of qualified employees a 7% contribution to the Public Employee's Retirement System. Medical Insurance - The Town of Tiburon offers its employees and their dependents medical/hospital insurance coverage. A qualified employee may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for medical/hospital insurance coverage. Such insurance is mandatory for covered employees unless they can demonstrate compliance with other coverage. Dental Insurance - The Town of Tiburon offers qualified employees and their dependents a dental plan. Such insurance is mandatory for all qualified employees unless they can demonstrate compliance with other coverage. Life Insurance - The Town of Tiburon offers qualified employees a $25,000 life insurance policy. Such insurance is mandatory for all full-time employees. The Town of Tiburon offers qualified employees additional life insurance above the mandatory $25,000 policy, up to a combined total of no more than $95,000. Participation is optional. . Disabilitylnsurance - The Town of Tiburon offers qualified employees long term disability insurance. Such insurance is optional, except for the position of Lieutenant. Long Term Care - The Town of Tiburon offers covered employee a long-term care policy. Participation is optional. Deferred Compensation Plan- The Town of Tiburon offers a deferred compensation plan to qualified employees. Such monies deposited would become tax-deferred and would be subject to income taxation in the year they are withdrawn from the deferred compensation plan. Participation is optional. . IRS Section 125 Plan - The Town of Tiburon offers covered employees the ability to participate in its IRS Section 125 Plan. Participation is optional. -" ~".". ., " ~. .._--... _F" . - ~"-"_._----_._--_._"----------_._---~--_._--------------~_."--~---------'---~~ ~ - --- - - SECTION 4. V ACATION LEAVE Mid-management, professional and confidential employees shall accumulate vacation time in accordance with the following vacation entitlement schedule: Service Work Days 0-5 Years 12 Days . 6-10 Years 18 Days 11 + Years 20 Days Page 3 Upon termination of a covered employee's service with the Town, such employee shall be . paid a lump sum equivalent to hislher accrued vacation leave. Maximum accumulation of vacation leave is 35 workdays. SECTION 5. VACATION LEAVE CONVERSION After one year's service with the Town, qualified employees who use at least 10 working days of vacation leave may convert into cash payment up to 50% of the total number of vacation hours taken in a calendar year, not to exceed 10 working days. Vacation leave conversion will be granted during the month of December each calendar year. SECTION 6. SICK LEAVE Mid-management, professional and confidential employees shall be entitled to accrue one working day of sick leave for each month or major fraction thereof. Sick leave may be . accrued by qualified employees without a maximum limitation. SECTION 7. SICK LEAVE PAY OFF Mid-management, professional and confidential employees hired prior to July 1,2001 may receive cash equivalent compensation of 50% of their accrued sick leave, up to a total of 60 days, if the following conditions are met: . a. The employee files for a service retirement from the Town, or b. The employee voluntarily separates from the Town and has at least 15 years of service with the Town. For employees hired after July 1, 2001, in the mid-management, professional or confidential positions, they may accrue unlimited sick leave with no option for "cashback" benefits. SECTION 8. HOLIDAYS The Town shall provide mid-management, professional and confidential employees the __________--"- foll~~_i!!gJ}._QJ!Q_'!y~~____________________________________-'____________~__________,__:cc_=_,_______,___ New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September December 26 Fourth Thursday in November Friday after Thanksgiving . Page 4 . Christmas Eve Christmas Day New Year's Eve December 24 December 25 December 31 When a holiday falls on a Saturday the preceding Friday shall be deemed a holiday. When a holiday falls on a Sunday the following Monday shall be deemed a holiday. For employees who have an alternative work schedule and a holiday falls on an employee's regular day off, he/she shall select either the preceding or following regular working day off. The employee shall provide their department head with at least one week's notice as to which day they will observe as a holiday. SECTION 9. FURLOUGH All represented employees will be required to take a 3-day furlough. The days furloughed will be December 29 and December 30,2003. Tiburon Town Hall will be closed from December 24,2003 through January 1, 2004. However, employees may not suffer compensation loss. The Town will provide a one- time paid day off for the December 29,2003 day and the employee will be required to take a vacation day for the December 30, 2003 furloughed day. Proposed Schedule: . Wednesday,. December 24,2003 Thursday, December 25,2003 Friday, December 26, 2003 Monday, December 29,2003 Tuesday, December 30, 2003 Wednesday, December 31, 2003 Thursday, January 1, 2004 Christmas Eve Holiday Christmas Holiday Veterans Day Observance Furlough Day #1 (additional day off) Furlough Day #2 (vacation day) New Years Eve Holiday New Years Holiday SECTION 10. ADMINISTRATIVE LEAVE In recognition of the long hours required to perform at the mid-management and professiona11evel, including attendance at numerous meetings outside normal working ______.~.._____J;1Ql!r~,th~.fQl1Q..wingA..dminis.tI.atiyeLe-ay.ePQ1icy_shall::.heimp1emented,____._._______~________ Each exempt mid-management, professional or confidential employee may receive up to ten days administrative leave annually, to be awarded at the discretion ofthe Town Manager. Administrative Leave shall be taken in one day increments. . Page 5 SECTION 11. DINNER ALLOWANCE . All mid-management, professional and confidential employees who live more thanlO miles of Town and who are required to attend night meetings or work after office hours beyond 7:00 P.M. may be reimbursed in an amount not to exceed $15.00 for the purchase of dinner for that night. Employee reimbursement is subject to the approval of the Town Manager and must be accompanied by a restaurant receipt which shall include the amount, date, meeting or purpose, and the employee's name. SECTION 12. TUITION REIMBURSEMENT In order to promote continued development of skills, knowledge, and abilities among employees, the Town of Tiburon shall reimburse the costs of tuition, books and fees at the rate of the California State University system. Employees must receive prior approval of the Town Manager and submit certified transcripts with the evidence of a grade of "C" or better from an accredited college or university and submit bona fide receipts to qualify for tuition reimbursement. SECTION 13. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE The Town of Tiburon will make contributions toward a retired employee's medical insurance plan based upon the following conditions: a. Employee must retire directly from employment with the Town ofTiburon and apply to PERS for retirement benefits. . b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. c. The Town's contributions rate is based on the following formula: Percent of Kaiser Single Rate Years of Consecutive Service to Town 50% 15 Years _____________________~_____________.__:_"'150/Q:::____..________.._______________2.Qc,)'.:.ears-"________..__..____.:.._____..___________.______.__,,::,_________ 100% 25 Years Such coverage is not extended to employee's spouse or dependents. . Page 6 . . . SECTION 14. PERSONNEL RULES & REGULATOINS In the event any provisions of this Resolution contradict those included in the Town's Personnel Rules & Regulations, the terms of this Resolution shall prevail. PASSED AND ADOPTED at a regular meeting of the Town Councilofthe Town of Tiburon on ,2003, by the following vote: AYES: NOES: ABSENT: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JEFF SLA VITZ Mayor DIANE CRANE-IACOPI Town Clerk Page 7 . . RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MEMORALIZINGA LOAN FROM THE GENERAL FUND TO THE LONG RANGE PLANNING FUND WHEREAS, Resolution No. 11-2001 established the Long Range Planning Mitigation Impact Fee, and WHEREAS, the Long Range Planning fee was established to provide funding for future updates to the Town's General Plan, and all revenues and expenditures are recorded in the Town's restricted Long Range Planning Fund; and WHEREAS, on October 3,2001, the Town Council authorized the transfer of$150,000 from the General Fund to the Long Range Planning fund in order to provide seed money for the General Plan Update, and WHEREAS, during fiscal year 2003-04 staffhas determined the Long Range Planning fund will require a loan of $1 00,000 from the General Fund to complete the General Plan update, and WHEREAS, it is intended that the Long Range Planning Fund will begin accumulating unexpended revenues during FY 2004-05, at which time it may begin repaying the General Fund, NOW, THERFORE, BE IT RESOLVED, that the Director of Administrative Services shall create a loan receivable in the General Fund in the amount 0{$100,000 to be paid from the Long Range Planning Fund. BE IT FURTHER RESOLVED, that during any fiscal year the Long Range Planning Fund has sufficient assets, Staff may use any portion of those assets to repay the General Fund, not to exceed a total of $1 00,000. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 18, 2003, by the following vote: AYES: COUNCILMEMBERS: '-------...--------::c=..-"'e::::..::'.:..::'N'o'Es::=:::.:::cc=.'.::.:c.:cotJNcttl'vfBMBERS:'::c,::: ------ ---- ------ - - - --- -- -- -- -- --- ---- -- - - -- . ABSENT: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR ATTEST: DIANE CRANE-IACOPI, TOWN CLERK . RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING AN APPROPRIA TIONLIMIT FOR FISCAL YEAR 2003-04 PURSUANT TO ARTICLE XIII B. OF THE CONSTITUTION OF THE STATE OF CALIFORNIA WHEREAS, Article XIII B. of the Constitution of the State of California provides that total annual appropriations subject to exceed the appropriations limit of such entity of government for the prior year adjusted for changes in the cost ofliving and population, except as provides in Artic e XIII B; and WHEREAS, pursuant to Article XIII B of the Constitution of the State of California, the Town Council of the Town of Tiburon deems it to be in the best interest of the Town of Tiburon to establish an appropriations limit for Fiscal Year 2003-04; and . WHEREAS, the previously established limit for Fiscal Year 2002-03 was $4,911,228, and the State Department of Finance has determined that the 2002 Per Capita I Personal Income Factor is 2.31%, and the Population Change Factor is 1.69%; the Director of Administrative Services estimates that legislated pass-through fees of the County will be $34,000; the Director of Administrative Services of the Town of Tiburon has determined that the appropriations limit in the amount of$5,143,642 shall be established for Fiscal Year 2003-04. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that an appropriations limit in the amount of $5, I 43,642 is established for Fiscal Year 2003-04 pursuant to Article XIII B. of the Constitution of the State of California. PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town of Tiburon onJune 18,2003 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS:. . -----~.=:::::===:,:::::::::::::=::,,======ABS_ENT:=.::::::.: eeUNGIEMEMBERS';" .- ..- "_. - ~ > ' , -.-..,.'" -""'-.----...-..,---- ,_._.~._._'-_.~--_._.._-~.._-_._--~---_._. ---.---------~-,--_..~ ".. - ---_..,.._--_._-_._-_._----_._-_...._,._-~--_.._- JEFF SLA VITZ, MAYOR ATTEST: . DIANE CRANE-'IACOPI, TOWN CLERK ,"~T OJ:- ~.". t .t> : 'C. 1; IL Z 1I1 n o ", . " DEPARTMENT OF' ~"I./FCft~\" FIN AN C E OF'F'ICE OF' THE DIRECTOR GRAY DAVIS, GOVERNOR STATECAPITCL.. RCCM' 1 145. SACRAMENTC CA. 95814-4998. WWW.OCF.CA.C3Ce May 1, 2003 Dear Fiscal Officer: Subject: Price and Population Information Appropriations Limit The California Revenue and Taxation Code, Section 2227, mandates the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction uses their percentage change in population factor for January 1, 2003, in conjunction with a change in the cost of living, or price factor; to calculate their appropriations limit for fiscal year 2003-04. Enclosure I provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2003-04 appropriations limit. Enclosure II provides 'city and unincorporated county population percentage changes, and Enclosure IIA provides county and incorporated areas population percentage changes. The population percentage change data excludes federal and state institutionalized populations and military populations, as noted. Population Percent Change for Special Districts . Some special districts must establish an annual appropriations limit. Consult the Revenue and . Taxation Code, Section 2228, for the various population options available to special districts to assess population change in their district. Article XIII B, Section 9, of the State Constitution exempts certain special districts from the appropriations limit calculation mandate. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. No State agency reviews the appropriations limit. Population Certification The population certification program applies only to cities and counties. Revenue and Taxation Code 11005.6, mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the .,_ "high~L~~ttm~tetott1~_St~te ~ontroller by June 5, 2003. __,_______,___________~._'.~=:...::::::.~.~~..:~....::~.=~.::._.::_-__..::.=_~_::.=..:::.:=.=:::::.:=.::==.::..:....~-~:.-_=::::.~"n'."'''-''=='.::=====::::_.::.:::==::.:::::..:::::::.:::.:::.:::.~.:.:.:.:.:...:=.:::::.::::.=====::...:::__.::.:~:::::::.:.:==:':====~::'===:=:'=-:::::::::::::.:::.:'=2.::.....__~_._~,___."__ Address questions about the price and population data to the Demographic Research Unit at (916) 323-4086. ' .---------- . Enclosure . . . May 1, 2003 Enclosure I A. Price Factor: Article XIII B specifies that local jurisdictions select' their cost-of-living factor to compute their appropriation limit by a vote of their governing body. The cost-of-living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the 2003-2004 appropriation limit is: Per Capita Personal Income Fiscal Year (FY) Percentage change over prior year 2003-2004 2.31 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2003-2004 appropriation limit. . 2003-2004: . Per Capita Change = 2.31 percent Population Change = 1.69 percent . Per Capita converted to a ratio: 2.31+100 = 1.0231 100 Population converted to a ratio: 1.69 + 1 00 = 1.0169 100 Calculation of factor for FY 2003-2004: 1.0231 x 1.0169 = 1.0404 Enclosure II Annual Percent Change in Population Minus Exclusions (*) January 1, 2002 to January 1,2003 and Total Population, January 1,2003 County City Percent Chanae 2002-2003 - Population Minus Exclusions - 1-1-02 1-1-03 Total Population 1-1-2003 MARIN .- . 0.28 2,131 2,137 2,137 0.26 9,369 9,393 9,393 0.21 7,311 7,326 7,326 0.22 12,007 12,033 12,033 0.26 13,622 13,658 13,658 0.60 47,417 47,703 48,648 0.56 2,339 2,352 2,352 0.35 12,336 12,379 12,379 1.45 56,329 57,146 57,146 0.31 7,335 7,358 7,358 1.12 8,697 8,794 8,794 0.76 62,932 63,410 69,185 0.77 241,825 243,689 250,409 . BELVEDERE CORTE MADERA FAIRFAX LARKSPUR MILL VALLEY NOVATO ROSS SAN ANSELMO SAN RAFAEL SAUSALlTO TIBURON UNINCORPORATED COUNTY TOTAL . ..,.,..,_, "...~, ". u__,_,.._ ". --~-"-'---"---'----'-'~~---,----- (0) Exclusions include residents on federal military installations and group quarters residents in state mental institutions and state and federal correctional.institutions. Page 1 . ~"-'~., ~ C'!r C--'i . r-'.....' I.."...,...,. : [- -: . '! t~ RESOLUTION NO. 25-2003 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 39-2002 AND ADOPTING AN AMENDED MID-MANAGEMENT, PROFESSIONAL & CONFIDENTIAL EMPLOYEES RECOGNITION AND INCENTIVE COMPENSATION PROGRAM WHEREAS, in January 2002, the Town Council established and adopted a Mid- management Recognition and Incentive Compensation Program in order to attract and retain professional, competent and qualified employees to carry out the Town's public service mission, and WHEREAS, such a program enhances the professional growth, motivation, and loyalty of mid-management, professional and confidential employees and promotes a consistently higher level of service to the public; and WHERAS, the Town of Tiburon mid-management, supervisory and confidential employees are defined to include the following positions: Administrative Aide Advance Planner Associate Planner Deputy Director of Public Works Police Lieutenant Planning Manager Town Clerk Administrative & Financial Analyst Assistant Superintendent of Public Works Building Official Information Technology Coordinator Police Secretary Records Management Clerk NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby repeal Resolution No. 39~2002 and all predecessor versions of the Mid- Management, Profession & Confidential Employees Recognition and Incentive Compensation Program and adopts the following amended Mid-Management, Profession & Confidential Employees Recognition and Incentive Compensation Program: SECTION 1. SALARIES Effective July 1, 2003 salary ranges for qualified positions shall be: Account Clerk (part-time) Administrative Aide (part-time) Administrative & Financial Analyst Advance Planner Asst. Supt. of Public Works Associate Planner Building Official Deputy Director of Public Works Information Technology Coordinator up to $20.60/hr. up to $20.60/hr. $4,244 - $5,305 $4,984 - $6,229 $4,324 - $5,404 $4,029 - $5,037 $5,404 - $6,755 $5,566 - $6,832 $5,092 - $6,365 Page 1 r;::~"c t' (""""""'..""'1 . \ ,l t. i'e""", [' , !. \. Police Lieutenant Police Secretary Records Management Clerk Planning Manager Town Clerk $6,653 ~ $8,316 $3,289 - $4,111 $2,802 - $3,502 $4,984 - $6,229 $4,054 - $5,068 As directed by Town Council, the proposed FY 2003-04 Budget reflects a decrease of $640,000 in General Fund monies as a result ofthe State budget. If by December 1,2003, the Town has received, or has knowledge that it will receive up to 50% ($320,000) of our revenue shortfall, then effective January 1, 2004, an equity increase for the following position will be provided: Town Clerk 2.43% Therefore, the new salary range for this position shall be: Town Clerk $4,153 - $5,191 SECTION 2. SALARY ADJUSTMENTS The Town Manager shall submit annually to the Town Council recommended salary ranges for mid-management, professional and confidential employees. These ranges will be based upon the Compensation Policy adopted by the Town Council. Movement through the salary ranges will be based upon merit following a comprehensive written performance evaluation by the employee's supervisor. SECTION 3. BENEFITS AND INSURANCES As directed by Town Council, the proposed budget reflects a decrease of $640,000 in General Fund monies as a result of the State budget. If by December 1, 2003, the Town has received, or has knowledge that it will receive up to 50% ($320,000) of our revenue shortfall, then effective January 1,2004, the Town of Tiburon shall contribute $675 per month towards a mid-management employee's fringe benefit coverage. However, if the State fails to fund up to 50% of the revenue shortfall, then alternatively, effective January 1,2004, the Town of Tiburon shall contribute $625 per month towards a mid- management employee's fringe benefit coverage. Part-time employees will receive a prorated contribution based on their , scheduled number of hours worked per week. If the full sum specified is exceeded for group insurance of a given employee, then that employee shall pay the balance of the monthly cost via a payroll deduction from the first two payrolls of the month. If the full sum specified is not used for the group insurance cost of a given employee, then that amount shall be deposited into the Town's Deferred Compensation Plan in the employee's name. Retirement - For Miscellaneous Members ofthe Public Employee's Retirement System, the Town of Tiburon shall provide PERS 2% @ 55 retirement benefits, with highest Page 2 (~~ \, 1...~~1 r-~l ~. I----~ , " f LJ I. single year calculation and service credit for unused sick leave. For Local Safety Members of the Public Employee's Retirement System the Town shall provided 2% @ 50 retirement benefit (3% @ 55 effective June 1,2004), average three highest years calculation, and service credit for unused sick leave. The Town shall contribute on behalf of qualified employees a 7% contribution to the Public Employee's Retirement System. Medical Insurance - The Town of Tiburon offers its employees and their dependents medical/hospital insurance coverage. A qualified employee may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for medical/hospital insurance coverage. Such insuranc~ is mandatory for covered employees unless they can demonstrate compliance with other coverage. Dental Insurance - The Town of Tiburon offers qualified employees and their dependents a dental plan. Such insurance is mandatory for all qualified employees unless they can demonstrate compliance with other coverage. Life Insurance - The Town of Tiburon offers qualified employees a $25,000 life insurance policy. Such insurance' is mandatory for all full-time employees. The Town of' Tiburon offers qualified employees additional life insurance above the mandatory $25,000 policy, up to a combined total of no more than $95,000. Participation is optional. Disability Insurance - The Town of Tiburon offers qualified employees long term disability insurance. Such insurance is optional, except for the position of Lieutenant. Long Term Care - The Town of Tiburon offers covered employee a long-term care policy. Participation is optional. Deferred Compensation Plan - The Town of Tiburon offers a deferred compensation plan to qualified employees. Such monies deposited would become tax-deferred and would be subject to income taxation in the year they are withdrawn from the deferred compensation plan. Participation is optional. IRS Section 125 Plan - TheTown of Tiburon offers covered employees the ability to participate in its IRS Section 125 Plan. Participation is optional. SECTION 4. V ACATION LEAVE Mid-management, professional andcontidential employees shall accumulate vacation time in accordance with the following vacation entitlement schedule: Service WorkDays 0-5 Years 6-10 Years 11+ Years 12 Days 18 Days 20 Days Page 3 (~= . "C,",_j r-C": l. '~",,- ['~""! i. Upon termination of a covered employee's service with the Town, such employee shall be paid a lump sum equivalent to his/her accrued vacation leave. Maximum accumulation of vacation leave is 35 workdays. SECTION 5. VACATION LEAVE CONVERSION After one year's service with the Town, qualified employees who use at least 10 working days of vacation leave may convert into cash payment up to 50% of the total number of vacation hours taken in a calendar year, not to exceed 10 working days. Vacation leave conversion will be granted during the month of December each calendar year. SECTION 6. SICK LEAVE Mid-management, professional and confidential employees shall be entitled to accrue one working day of sick leave for each month or major fraction thereof. Sick leave may be accrued by qualified employees without a maximum limitation. SECTION 7. SICK LEAVE PAY OFF Mid-management, professional and confidential employees hired prior to July 1,2001 may receive cash equivalent compensation of 50% of their accrued sick leave, up to a total of 60 days, if the following conditions are met: a. The employee files for a service retirement from the Town, or b. The employee voluntarily separates from the Town and has at least 15 years of service with the Town." For employees hired after July 1,2001, in the mid-management, professional or confidential positions, they may accrue unlimited sick leave with no option for "cashback" benefits. SECTION 8. HOLIDAYS The Town shall provide mid-management, professional and confidential employees the following, holidays: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day January 1 Third Mondayin January Third Monday in February Last. Monday in May July 4 First Monday in September December 26 Fourth Thursday in November Friday after Thanksgiving Page 4 r:r.'""^'" . ~;icSj I~'" I , ' I ' (. V^'~' , '.-~'--' )', Christmas Eve Christmas Day New Year's Eve December 24 December 25 December 31 When a holiday falls on a Saturday the preceding Friday shall be deemed a holiday. When a holiday falls on a Sunday the following Monday shall be deemed a holiday. For employees who have an alternative work schedule and a holiday falls on an employee's regular day off, he/she shall select either the preceding or following regular working day off. The employee shall provide their department head with at least one week'snotice as to which day they will observe as a holiday. SECTION 9. FURLOUGH All represented employees will be required to take a 3-day furlough. The days furloughed will be December 29 and December 30, 2003. Tiburon Town Hall will be closed from December 24, 2003 through January 1, 2004. However, employees may not suffer compensation loss. The ToWIl will provide a one- time paid day off for the December 29,2003 day and the employee will be required to take a vacation day for the December 30, 2003 furloughed day. Proposed Schedule: Wednesday, December 24,2003 Thursday, December 25,2003 Friday, December 26, 2003 Monday, December 29, 2003 Tuesday, December 30,2003 Wednesday, December 31,2003 Thursday, January 1,2004 Christmas Eve Holiday Christmas Holiday Veterans Day Observance Furlough Day # 1 (additional day off) Furlough Day #2 (vacation day) New Years Eve Holiday New Years Holiday SECTION 10. ADMINISTRATIVE LEAVE In recognition of the long hours required to perform at the mid-management and professional level, including attendance at numerous meetings outside normal working hours, the following Administrative Leave policy shall be implemented. Each exempt mid-management, professional or confidential employee may receive up to ten days administrative leave annually, to be awarded at the discretion of the Town Manager. Administrative Leave shall be taken in one day increments. Page 5 . 1,/,[ ,~,,,,,.~~,,;,....;i 1'-"-1: :. I."""""''''''''''''t I : f ,.",:,,::, I ' i. SECTION 11. DINNER ALLOWANCE All mid-management, professional and confidential employees who live more thanl 0 miles of Town and who are required to attend night meetings or work after office hours beyond 7:00 P.M. may be reimbursed in an amount not to exceed $15.00 for the purchase of dinner for that night. Employee reimbursement is subject to the approval of the Town Manager and must be accompanied by a restaurant receipt which shall include the amount, date, meeting or purpose, and the employee's name. SECTION 12. TUITION REIMBURSEMENT In order to prorpote continued development of skills, knowledge, and abilities among employees, the Town of Tiburon shall reimburse the costs of tuition, books and fees at the rate of the California State University system. Employees must receive prior approval of the Town Manager and submit certified transcripts with the evidence ofa grade of "C" or better from an accredited college or university and submit bona fide receipts to qualify for tuition reimbursement. SECTION 13. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE The Town of Tiburon will make contributions toward a retired employee's medical insurance plan based upon the following conditions: a. Employee must retire directly from employment with the Town of Tiburon and apply to PERS for retirement benefits. b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. c. The Town's contributions rate is based on the following formula: Percent of Kaiser Single Rate Years of Consecutive Service to Town 50% 75% 100% 15 Years 20 Years 25 Years Such coverage is not extended to employee's spouse or dependents. Page 6 ~=.._' 'l' ,,,,;.....,:,_,J ("'''''-': \. r':""'l I, ,.--. i. SECTION 14. PERSONNEL RULES & REGULATOINS In the event any provisions of this Resolution contradict those included in the Town's Personnel Rules & Regulations, the terms of this Resolution shall prevail. PASSED AND ADOPTED at a regular meeting of the Town Council ofthe Town of Tiburon on June 18,2003, by the following vote: AYES: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Thompson NOES: COUNCILMEMBERS: None '> ATTEST: ~~:~/ DIANE CRANE IACOPI Town Clerk Page 7 LATE MAIL # 11-, June 16, 2003 In Re Skateboard Park Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 RECEIVED JUN 1 b 2003 TO WHOM IT MAY CONCERN: fOWN MANAGeMS OFFice TOWN O~ TISURON Re: Skateboard Park Blackie's Pasture and the surrounding bird sanctuary is too passive an area for a skateboard park. . It would be highly disruptive to the wildlife we are trying to bring back to this area. I now understand that the area behind the Knoll and nextto Richardson Bay is again being considered as a site for the park. I walk my dog there every weekend and enjoy a wide variety of birds who congregate in this area. Not only would a skateboard park drive them from their habitat, it would also disrupt the wildlife visiting Richardson Bay. Have any environmentalists been consulted on this? The area is also too isolated and in all probability would be a mecca for late night gatherings. The noise would resound not only over the bay terrifying the wildlife, but would also detrimentally affect the residents of Pine Terrace, McCart Court and Bayshore Terrace. A skateboard park needs to be located near a public building where it can be supervised. What is wrong with locating it in the park behind the Tiburon Library? That area is rarely used. Very truly yours, ~7H~. Edna S. Mitchell 1 McCart Court Tiburon, CA 94920 88898.v1 Ie f!\\ fi' !t ~n Ii" rm ~i!!IKh i; ~ JUN 1 8 2003 To the Town Council Town of Tiburon (! 7C)t5' Virginia Brunini, CRS, SRES Certified Residential Specialist Seniors Real Estate Specialist "Realtor of the Year" - 1999 June 18, 2003 TOWN CLERK TOWN OF TIBURON RE: SKATEBOARD PARK Over the past few months I have appeared at hearings on the need for a skateboard park in Tiburon and regretfully, an unavoidable conflict in schedules prevents me from being there tonight. Over the past decade or more the skateboard park issue has come before our Town. This popular sport is especiaJly attractive and needed for the teen and subteen group, and it is so hard for me to believe that another generation might find their leaders unresponsive to their need. It isn't just the sport, it's sportmanship that is involved. It is filling unstructured time with challenge, with fun, and with good com- panionship. Unfortunately the word IIskateboardll enlivens debate with those who claim it is intrusive on our property, noisy, or might attract too many and disrupt neighborhood peace. I have visited Hamilton's new skateboard park (indeed, saw it from IItalkll to 1I0peningll), and see a recreational haven that every community should provide for its youth. Please, don't let another generation go by without giving them the opportunity to enjoy this sport to its fullest. These are our future leader /and your example of understanding and responsiveness is the mode 1__ they. 11%, m ber. :e 1 p them now. U!ii~r#~ IR~NIA R. BRUNINI 1680 Tiburon Boulevard, Tiburon, CA 94920 9 415.435.0848 .. Fax 415.435.0168 · Toll Free 888.984.8288 www.ReaIEstateTiburon.com June 18, 2003 LA TEMAIL # 12-. Virginia Brunini, CRS. SRE.S Certified Residential Specialist. Seniors Real Estate Specialist "Realtor of the Year" - 1999 To the Town Council Town of Tiburon RE: SKATEBOARD PARK Over the past few months I have appeared at hearings on the need for a skateboard park in Tiburon and regretfully, an unavoidable conflict in schedules prevents me from being there tonight. Over the past decade or more the skateboard park issue has come before our town. This popular sport is especially attractive and needed for the subteen group and it is so hard for me to believe that another generation might find their leaders unresponsive to their need. It isn't just sports, its sportsman?hip that is involved. It is filling unstructured time with challenge, with fun, with good companionship. It is indeed unfortunate that the very word "skateboard" enlivens debate with those who claim it is intrusive on our property, noisy, or might attract too many and disrupt neighborhood peace. I have visited Hamilton (indeed saw it from talk through opening) and see a recreational haven that every community should provide. Please, don1t let another generation go by wihout giving them the opportunity they need. These are our future leaders and your example of understanding and responsiveness is the model theylll remember. Help th m now. .ar:u.~ $:~ VIRGIJfIA R. BRUNINI ~U~~Hij JUN 1 6 2003 ~ TOWN CLERK TOWN OF TlBURON 1680 Tiburon Boulevard, Tiburon, CA 94920 · 415.435.0848 · Fax 415.435.0168 · Toll Free 888.984.8288 www.ReaIEstateTiburon.com FROM: QA PROS FAX NO. 415-388-1963 Jun. 16 2003 01:05PM P1 Skate Park location???? LATE MAIL # Ii To the editor: As of now the Skate Park Committee has engaged the Town and Task Force in about a years time attempting to determine NEED. All that has been . discussed is the need for a Skate Park, no other recreation needs. It has been determined that there is some degree of need. As for SIZE: it seems as though the Skate Park Committee states the appropriate size is approximately 15,000 sq. ft. LOCATION? LOCATION? LOCATION? In the beginning of the Skate Park Committee's pursuit they seemed to have stated the most appropriate site they recommended was the area ofBlackie's Pasture and the shoreline area. . The Committee seems to be going about their pursuit incrementally. The issue of need will be discussed at the June 18 Town Council meeting. A good number of residents do not want land use change in/near Blackie' s Pasture and along the shoreline. The Skate Park Committee has the opportunity to limit public dissension and discord. At the public meeting, the Committee should be sensitive to the community and not the process by stating they will not recommend/pursue a Skate Park in the areas ofBlackie's Pasture, Richardson Bay Lineal Park and South of . the Knoll. Wayne Snow, Joan & Marshall Foster, M/M Michael Arthur, Nicky Wolf, Arm Ross, Bernie Curley, Broce Abbott, Harry Heath. "\l'j;';; .'; ill \L- L~___-, It Ii ....... ~''''1 "';:.. '~ Ill; ;,~. lit. r :,.1 '" ~\C\4!; '~\ ~\ " ;>,;1t ~ (j; &2J \.~t.:~.::J d - /2 ij ~U~U ~ ~ JUN 1 6 2003 ~ June 16,2003 TOWN CLERK TOWN OF TIBURON Mayor Slavitz Tiburon Town Council Dear Mayor, I am writing in support of the skatepark proposal not in my capacity as a school board trustee, but as a resident of the Belvedere - Tiburon Peninsula. Children need many different recreational outlets and regrettably due to lack of space we have come up short. I understand the neighborhood concerns near Blackie's Pasture, so if another location can be found I would like to add my support for this project. I hope that you will consider seriously the findings of the Skatepark Task Force and recommend going forward with the feasibility process so that the community can address all the issues inherent in placing such a park in our community. Robert Weisberg ~.; t' ~!~ .. . .' Skate Park Needs Assessment ReQQ,tl May 29,2003 In presentations and testimony from The Committee for a Skatepark, the community at large, and representatives from other area communities, the Skate Park Task Force has made the following observations about an assessment of need, users and the relative utility of a skate park for Tiburon. SummarvConclusions Regarding Need: The determination of the task force is that within the target age group there is a need and expressed desire in Tiburon and Belvedere for a skate park as a place for skateboarders, in-line skaters, and BMX bikers. We believe that a properly designed and located skatepark could be a benefit to the community and will be used and supported by our youth. We have not tried to determine if a skate park is the paramount need for the 5 - 16 year-:-old age group. Nor have we determined if building a skatepark within the town of Tiburon would represent the highest and best use of community land and funds. However, it is an attractive and popular activity for the targeted demographic. . Supporting Information and Issues: The youth of Tiburon, ages 5 - 14, are a fast growing segment of our population. It has increased 45.5% in the last decade.1 Activities for youth need to be local since they cannot drive to other skate park locations. Activities also need to speak to the "culture" of this age group. [J While team sports and Joint Recreation programs provide structured activities, our youth also need the kind of informal, social, self- scheduled, individual athletic activities a skate park provides. [J While youth can and do enjoy sailing, tennis and other activities shared by adults, they also need activities popular and particular to the youth c:--.-----------------c---c::.suGh:::asvidee:games~'skatebeard ing,-in,;;lineskating=-and:cBMX-"biking;-- They also need a social space that, while supervised or monitored, is welcoming and identified by and for them such as a skate park can provide. . . [J For this age group, skate boarding, in-line skating, and BMX biking are not unusual recreational activities. They appeal to the youth along with baseball, basketball, soccer, and other activities. .. 1. 2000 US Census Data Rev_05.29.03 1 .i ~ I '\ Surveys of the local youth and their wide ownership of skateboards, in-line skates, and/or BMX bikes indicate a large percentage of the youth have interest in the activities of a skate park. . D Surveys conducted by The Committee for a Skate Park among Tiburon and Belvedere youth showed a strong desire to use a Tiburon skate park. Of 740 students surveyed, 386 responded that they would use a skate park. If only one out of ten of these positive respondents used the skate park on a given day the f: 40 users would be a more than adequate turnout. A higher number of local youth might use the skate park if it existed to expose them to skate boarding, in-line skating and BMX biking. D There are 1,809 Tiburon and Belvedere youth in ages 5 - 191 that would be served by the skate park. If only 4% of this age group used the skate park on a given day, this would be f: 72 per day. [An informal tally indicates that between 5%-10% of Del Mar School boys bring their skateboards to school every day even with no skate park to go to]. D We see young people skateboarding, in-line skating and BMX biking around Tiburon and Belvedere even though in many cases the uses are not permitted in those locations. D It is understood that the layout and features of the skate park can and shall be designed to appeal to the local user and the beginning and . younger users as opposed to more advanced outside older users. The experience of other bay area communities has shown that a skate park . designed' to suit the local population will be used and supported by that population. D Skate parks in other communities show use levels comparable to that expected in Tiburon. D Communities such as Mill Valley, Corte Madera and San Anselmo have also determined that skate parks in their communities will be supported and are in the process of building them. A skate park can provide a safe and approved venue for skateboard related _____., ___ _:,__~cthl.itie.s.::~ndj~.a~:,-eJhe:PIe-SJ~JJI~tQRjoaPP[QPIiate,:.alJd,:unlawtul,lo_cations.:c":...ccc:.,,,,:::--, D Several local merchants and landowners have strongly urged the town to provide a better and safer venue for skateboarding away from the central business district. D The skate park offers law enforcement an alternative in directing the youth to skateboard only in approved locations. This would eliminate the negative experience with law enforcement. However, it should also be noted that by providing an approved facility for skateboarding, experience has shown that this may not solve the problem of kids skateboarding in unapproved areas. . 1. 2000 US Census Data Rev_OS. 29. 03 2 ~ r;.. t' ,- . . . Not every youth can be reached through traditional activities. D A skate park and the sports it accommodates can provide an outlet to keep kids out of trouble. As Mr. Larry Dito, Recreation Director for the City of Novato, testified to the Task Force, "if we can keep 1, 5, or 10 kids out of trouble the skate park is worth it. We believe that for every one dollar invested, it pays back nine". Given the limited open space of Tiburon, the number of users per square foot of a skate park is of higher or comparable utility than tennis courts or soccer fields. . D McKegney Green and South Knoll Park are 335,000 SF. At 50 kids per weekday and 250 kids per summer weekend = 107 kids per day. .0003 kids/SF [data is from Public Works] D A pair of tennis courts is 14,400 SF. Assuming at least one game of singles on one court for 8 hours per day = 16 players per day for weekdays and weekends average = .0011 players/SF D The skate park may average 12,000 SF [10,000SF up to 14,000SF have been proposed] Assuming the low projected usage of 14 users per day average = .0012 users/SF. If only 5% of the positive respondents to the survey use the skate park that would mean 20 users per day = .0016 users/SF or5 times higher than McKegney green soccer and play areas, and 1.5 times higher than the public tennis courts. Concerns have been raised that a skate park will sap the volunteer resources, available lands, and funds for other projects for this age group that may have equal "need". Concerns have been raised that the users of the skate park are predominantly boys. D The skateboarders are predominantly boys but there ar~ some girls who skateboard. D When originally conceived, baseball, and soccer were also thought of ___.________________'=c::as_=~tri.g't!Yboy . acti",jti~lty~t!b~Y8.:r~.D()~, pLCiY~Ft.tJY q()th_tJoys and girl~, There' is--no-reason-{o-slJppose'-th-a'CsKatepa'i'K 'activitlesUwould"nof' enjoy this same wider participation over time. D Based on the data provided, the roller bladers and in-line skaters are predominantly girls, and while this is a. smaller number than skateboarders it does amount to a reasonable balance between boys and girls comparable to baseball and basketball. D Other activities such as art programs, dance and theater have greater participation by girls and these are not criticized or not sponsored because boys participate in smaller numbers. Rev_05.29.03 3 Concerns have been raised that a skate park in Tiburon will attract many users from outside the Tiburon and Belvedere area that will visit the park. o Observation has indicated that while some riders will come from outside at first, in general the great majority of users are locals. This will be even truer as so many other communities are building more accessible skate parks around our area. o The Tiburon skate park needs to be designed as a beginner park for the 5' - 16 age group; without the most challenging elements that attract the older outside users. Concerns have been raised that skate boarding, in-line skating, and BMX biking are passing fads and the needs that are outlined above now will disappear in a few years. o Skateboarding has been around for 40 years and the developments in the equipment in the last 20 years have led to the changes in the sport we see today. Roller-skating has been around for 80 years in competitive forms. While the popularity of these sports may change over time, it is reasonable to believe that adequate interest will remain throughout the expected life of the skate park. Background and supporting information is available in Town Hall by requesting the Skate Park Task Force Binder. . :" . Rev_05.29.03 I ''', " . . . 4 Page 1 ot 1 '!. Suzanne Creekmore . From: Suzanne Creekmore Sent: Monday, June 02, 20032:34 PM To: Scott Anderson; Pat Echols; Alex Mcintyre Subject: FW: List of Local Skate Parks To follow is a list of local skate parks that the Councilmembers may be interested in visiting. -----Orig ina I Message----- From: Acgoggio@aol.com [mailto:Acgoggio@aol.com] Sent: Monday, June 02, 2003 2:23 PM To: Suzanne Creekmore Subject: Re: Request for a List of Local Parks Hi Suzanne, Here is the information on the local skateparks: 1. Healdsburg: Carson Warner Memorial Skatepark, 20K+ square feet; contact: Chick Warner, developer, (707) 433-9283 or Robin Goodman, Director of Community Services, (707)431-3302; directions: North on 101 until last Healdsburg exit, Dry Creek Road, turn right off freeway exit and again right on Grove Street, look for skatepark on left; website: www,c::<:ir?90W<:irnE:!Jsk<:itE;!,c::Qrl'l . 2. Novato: Novato Skate Park, 15k+ square feet; contact: Larry Dito, Director of Parks, Recreation and Community Services, 897-4323 or Kevin Conklin; directions: North on 101 until Nave Drive exit, turn left off freeway exit heading north (past Hamilton) until you come to The Courtyard by Marriott Hotel and McDonald's, turn right at corner, street bends around to the right, skatepark is on left. 3. Piedmont: Kennelly Skate Park, 11.1 K square feet; contact: Mark Delventhal, Director of Parks and Recreation, (510) 420-3070; directions: North on 101 to Richmond San Rafael Bridge, east on 580 toward Oakland/Hayward then 24 toward Walnut Creek until 13 South, take Moraga Avenue exit off 13 South, follow winding road down approximately one mile, look onright for brown sign for Kennelly Skate Park and soccer fields Uust before curve to right), park in parking lot, walk to back of soccerfield to stairs, up stairs to skate park. Limited hours: call for hours. 4. Mill Valley: Mill Valley Skate Park, 7K (to fence) square feet; contact: Christine Sansome; 389-4198, Opening Day June 7,10 AM to 1 PM, above-ground facility on Mill Valley Middle School grounds; directions: East Blithdale to Camino Alto, left on Camino Alto to Sycamore Street, left onto Sycamore to end of road (adjacent to bike path). _....,._::,:L~_I}.9_Q.l!_@gE:!:llJE:!:c::Qu I}Qil.::.rnemb.ersJo:ca II:these:representatives'.,beforegoi ng.'.to=the..skateparks..so.',thatthey .may:be::.= met there by these officials and answer any questions the council members might have about the park. If they want more skatepark information, please let me know. Anne . 6/12/2003 .' . . . FRED AND RUTH MANTEGANI P. O. Box 882 Tiburon, Calif. 94920 May 5, 2003 Skateboard Task Force Tiburon RE: NEED FOR A SKATEBOARD RECREATIONAL AREA At a previous meeting we presented a letter to your Committee asking that you recognize the need for a skateboard park in our community and asking that you move forward in that direction as promptly as possible. We had previously offered $5,000 toward the implementation of a skateboard park in Tiburon, and reaffirm our offer. Hopefully, it is not necessary to recite again why we feel so strongly that the youth of this town deserve this recreational area. We1ve been talking lIaC the subject for years. A generation of children who might have had the joy of this recreational outlet have been deprived of the chance. Please do something for the young people who want and need a park within our own community. Sincerely, :]~\~- FRED MAN~~;~ '- . ij;a.l1prhplt{/ RUTH MANTEGANI ~ FRED MANTEGANI Post Office Box 882 Tiburon, California 94920 . March 10, 2003 Skateboard Task Force c/o Town of Tiburon RE: NEED FOR A SKATEBOARD PARK Many years ago my father donated the first $1,000 to get "Judge Field" rolling in order that the children of Tiburon and Belvedere could have some recreational activities. A ballfield was created by this "Southern Marin Recreational Center of Tiburon and Belv~dere" on the property we now know as "TPe'. Ti buron Peni nsul a Cl ub. ) The Southern Marin Recreational Center of Tiburon-Belvedere was founded by me, Hank Homan (Belvedere), Nason Wells (Belvedere), Frank Hamilton (Belvedere), Frank Smith (Corinthian Island), Louise Mirata (Tiburon~ and Elmer Doyden (Tiburon). We did it ourselves - with our labor and engineering help and materials donated by Hank Homan and others. Nothing of a similar nature has been done for Tiburon-Belvedere's youth since then, and our Tiburon-Belvedere young people have a need as great - or even greater - than our need for a ballfield. They have no place to go to enjoy themselves with this most popular sport. . I want them to have a skateboard park, hopefully along the bike path area near Blackie's Pasture which they can easily access from most parts of town. I have already indicated I will pledge $5,000 toward the building of the skateboard park and will be pleased to see our Peninsula's youth have the same opportunity we gave our children many, many years ago. This is long overdue. I hope you will do all you can to get this skateboard park into service, helping our children - and grandchildren- c~:nj.9..xc:!~5c~:::9:lJ::tQ_Q:tu=Jef. span.. of-th e:i .r:. chi ldh 0 0 d. . . ,-_.".- ..',. Thank you. 'f~ 17J~ FRED MANTEGANI . jSubj: skatepark !Date: 04/07/2003 1 :55:41 PM Pacific Daylight Time !From: feldfam5@earthlink.net lTo: acgoggio@aol.com _ent from the Internet (D,!!tails) Dear Task Force, I'm writing to you today to let you know my family supports the approval for plans to build a Skate Park. We feel it will be an asset to our community and a benefit to our children. Please recommend to the town council that the Skate Park plans should be approved. Thank you, Lisa and Philip Feldman 562 Tenaya Drive Tiburon, Ca 94920 . . " . . . FROM .. . . . PHONE NO. 14154359414 Apr. 07 2003 10:53AM Pl Miles Berger Chair of The Skate Park Task Force Tiburon. CA 94920 Dear Mr. BeIlF. April 7 . 2003 I am unable to.atteod.tonight~smeeting, buH would like a cbaDceto \loamy opinion before you tep(BttD the Town Council. In short, r support tbedesire to bui)da~ park somewhere in Tib~ t})at is ~accessib1e1D kids of tile area, I ~ \JP~.in 1i1e 19$Q's. AtthaUimetbere was a lot ofo~~ thatwas~i))~to any ODeW~Qw~.tQ"'~.9r,plliy. It.~,,.fim.~,to be..W'c,~'@~,!'!;~!P!'~:,~j!~~jdo nQt;'~~~x.,,'.Rig!lt.no~~ evm':tiJl~"QftM;Tib~~m~.iS9~04~p.~~by ~wllQ is lDO$l'1ikely,a~,w~J~.!!~~. ~.~:~~:.t~ ~.W.,IQCal ~JLa"'~.8Jly(~,TIlc:n;Wfl,..~.fOri~~ Y()~.st~j~.~"is"~",~...fC?t ~&.tI1eJY~Jots ofpJaces~.WidL-The~ld.ten an4;~:~~~~ wel!.~~c~ forrw=c~inpub1ic p~. ,~'l~l'~ol4sdon't~~:a:QYlpublicplace~ tiu-;~ir'l.lSe otbef~ ~i~~.like teon~~ball andSPCcer..l#!!.~1hisis a ~ ~~~ I have an II YeaI'oJd son'W~~ at every,.oppt!111nity~He~in o~.drivewaY~ ~icc: slaltes ina ~leaguc~ He skates at all fiuJskate.parks in. ~~ County. Now he is leaming to ~ I get a lot of chan~ tQ watch what these YOWlg ~ple do ,at a skate park. For the mos~ ~ they pr8Qtice and work and practice again on improv1118 tIleir skills. ~ also make some noise, but for the most part they are peacefully working,~:ving filA and ~sipg a lot of physicalfrecdom.It looks a lot like skiing to me but it is closetQ~cmd you 'don't have tQ wear cold weather c:lQthes. ?\fy ~J),tve AlIeon...W()dcecl years 4l,8C) on the firstattempttq~:a~,park ~ ~~:~ pbJy~o,..,~.,sIJ.oreline ~ 'He.yiIIS,4iscpun.sg~ by~,pp~~:iP.'~~~0~,.a p~,.for,ki4s.IrI,~ 19SQ~s1bis'C9tnmlJ~ity,ha4.a~ ~~~R'~~~~ it dQCStoday..YoullligbttJ1in)(.tWit'-'.ausefinnilies in that erabac:l~econonUc l'CSOurCes that . it:woul4ha\{c~ '~,.tDget things don~. ,I thiuk the ~.is~. A, Dl1ISeJ'y ~J got ~lljJ4j~yJ(~a.l.,~.Tb.epJaY8J"91lDds gqtbuiltwitt,lloca1vpl~~ Tbe~i~~ ",,~:b1liJt;~i~~~~;\Tbeseefforts~:~fII.,nity:~~succCS$:CS. A s~~CQlIld pr:oviLle;JQcaJ~.~ lJIli1yandbea~~ siterorkidsJCitwcre built. .' '.,,:''}:~~E0::'0...~'::::~~~:::-=:"''C';''';---:==:::.~::::::.';';;'~''"=-':.<:':~-':::'~':.:_:''::-:',::':::~"':::::::::::':.~=::::=:::':::~~::;:::::':':::::-,:..':=-~~~~~:~-C:::=:~=:::'~',::~:~':::::::',:::_-_-_:::::':~,:-_-,::::__:~.-::'.:::::::=;:::'::"':::-::'::::.:::':Z_:::=::::.:::=:''2'~'~:'~"::=~:::-::::':::.::'"''", P~add Q;lY.~ tD. th~1ist oflooa1~,owners whoJl!lpP5JJ't~c().JI~tnu;tiOll:()fa~ park inTiblJJ'OlL '. Sincerely. l Jim Allen BELVED~.l"ANp COl\&ANY . ~3 .l:3eac~ Road. Belvedere, CA 94920 -41543~-4525 - Fal( 415435-4581. Tiburon Town Council Honorable Jeff Slavitz, Mayor 1505 Tiburon Blvd. Tiburon, CA 94920 . Dear Mr. Mayor, ~. , ! name.)! t' -e v/(S1 r . I am ? yean; old and go to I .,...,e(';,f School. I am writing to tell you that I want a skatepark in Tiburon because: (circle any of that apply): J. ~p.~Q~(rOllerblade), (ride a bike) b. I Wallt"to learn to (skateboard), (rollerblade) (do trick on my bike) c. I want to hang out with my friends at the skatepark because there is no other place to go that kids are welcome I think a skatepark is needed right away. We need other things too but this would be easy to do fIrst. We also need: (circle any that apply): a. Gymnasium b. Teen Center c. Additional ball fIelds d. Kid-friendly stores such as a skateshop or a music store . Please vote "yes" on the skatepark so kids can have some fun here at home. Sincerely, (name')~/' ~~"--'-f'="}'--:''---'''c:,=,="".-""..,~." :"''''~ccr:::.,',''='=''''''="='', ,.'c,,'::c''',c::.::, "::,=' - "====,===.~,= _c = '-=-==~- ~I ~e..~v or ' 1\, \)I-e-J OA SEND TO: tihuronskatePark@hOlmail.co0right away! de} COME TO THE MEETING ON WED MAY 21 AT 7PM AND LET THEM KNOW YOU WANT IT! . . Tiburon Town Council Honorable Jeff Slavitz, Mayor 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Mr. Mayor, M;~ nam~ js/lli"les A kJ b e tt, I am 1/ years old and go to f.j(Jt1 .Ai 1I"'t:." School. I am writing to tell you that I want a skatepark in Tiburon because: (circle any of that apply): €J, I (skateboard), (rollerblade), (ride a bike) . @ I want to learn to (skateboard), (rollerblade) (do trick on my bike) . ~ I want to hang out with my friends at the skatepark because there is no other place ' to go that kids are welcome I think a skatepark is needed right away. We need other things too but this would be easy to do first. We also need: (circle any that apply): . rf) Gymnasium b. Teen Center c. Additional ball fields d. Kid-friendly stores such as a skateshop or a music store Please vote "yes" on the skatepark so kids can have some fun here at home. Sincerely, ~~ (name) u , ,. ' ~cc__"uc.__.~c_~c___,~_,___;~.~_'__".C_'..C_"_U'_C.-'.=.=',="'--==O:=-c.~:--=-===== '''''''_'_'_",_",:===:,:",==:~,,::~~:::~:~::::::::'.:':'==::.::~:::::~:::==::::::::::........:'~ _ :_ "" :":__::::::'.'-;'.::::':' _',:::::.' ': 'a :::- .:: ..:' :~:.~~"':~.:::~.~~::"...:-_.~::::::~.~:~~::::::::""~=-:._________~__~~_______._,___._______._______.____._ SEND TO: tiburonskatepark@hotmail.com right away! COME TO THE MEETING ON WED MAY 21 AT 7PM AND LET THEM KNOW YOU WANT IT! . '. Tiburon Town Council Honorable Jeff Slavitz, Mayor 1505 Tiburon Blvd. Tiburon, CA 94920 . I think a skatepark is needed right away. We need other things too but this would be easy to do first. Wealsoneed: S ~<l~e '5h'1llbJ (circle any that apply): a. Gymnasium b. Teen Center c. Additional ball fields @ Kid-friendly stores such as a skateshop or a music store . Please vote "yes" on the skatepark so kids can have some fun here at home. SincerelY'~~ . _--=::::==:====:=' ",(I1~rp~)L(Q ,~=c:,::,::-::=,-'.::.:,:.::.==_.._______..-::=:::.:::::=_==:==::=__=-'===:-'::==:cc:=::.:::,,:::::::.:=,=:::-'"=:-'____._________-c-=cc:~.. SENDiO: tiburonskateoark@hotmai1.com right away! .:,o.,~,' :~Jri COMETO THE MEETING ON WED MAY 21 AT 7PM AND LET THEM KNOW ~ ' YOU'WANTIT! . '! . . . Tiburon Town Council Honorable Jeff Slavitz, Mayor 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Mr. Mayor, My name is ~kr- , I am 10 years old and go to . ~ \'f"A",JI.::,,_y School. I am writing to tell you that I want a skatepark in Tiburon because: L lOIl~ S~'^-~~t\ak>' \ (circle any of that apply): JI 114.Il\Q Md. ()~ ~rt-~ ,.J J Vo'\q Kc....., ()It'( I 0" c.. <:. L05e ..l... be. fP I (skateboard), (rollerblade), (ride a bike) 7V ~(.. b. I want to learn to (skateboard), (roller blade) (do trick on my bike) c. I want to hang out with my friends at the skatepark because there is no other place to go that kids are welcome I think: a skatepark is needed right away. We need other things too but this would be easy to do fIrst. We also need: (circle any that apply): a. Gymnasium b. Teen Center . c. Additional ball fields @ Kid-friendly stores such as a skateshop or a music store Please vote "yes" on the skatepark so kids can have some fun here at home. Sincerely, ~Rdi - (narneL _1:J,.J~:;1;~---------- -......,.,.."......,--...."....".......--........,......".--.... - ---------~-------------~--~- SEND TO: tiburonskatepark@hotmail.comright away! COME TO THE MEETlNG ON WED MAY 21 AT 7PM AND LET THEM KNOW YOU WANT IT! " Tiburon Town Council Honorable Jeff Slavitz, Mayor 1505 Tiburon Blvd. Tiburon, CA 94920 . Dear Mr. Mayor, My name is ~ ~ .X , I am ~ years old and go to 5'Tfb...tvW!ychool. I am writing to tell you that I want a skatepark in Tiburon because: :r:. I (!) 0 e... .5 /\&'-6 tD ~ -r 0-1 t ~ tI\ Y'\. ~ r: / d- (circle any of that apply): I' h J L- 0-- 5 K 8 p V'.r I -t \ b tl rt @ (skateboard), (rollerblade), (ride a bike) 0---, C\).~ b. I want to e oar , ro er ade) (do trick on my bike) c. I want to hang out with my friends at the skatepark because there is no other place to go that kids are welcome ,I think a skatepark is needed right away. We need other things too but this would be.easy to do fIrst. We also need: (circle any that apply): . a. Gymnasium b. Teen Center c. Additional ball fIelds t!) Kid-friendly stores such as a skateshop ora music store Please vote "yes" on the skatepark so kids can have some fun here at home. Sincerely, . . I Y t:5 ~ SEND TO: tiburonskatepark@hotmail.comright away! COME TO THE MEETING ON WED MAY 21 AT 7PM AND LET THEM KNOW YOU WANT IT! . H~~-~~-~~ ~~;~b H~ .j .; j ;J:' ~; ..J:~ '~,' ".., .,{" , "- ....!. ~. ~{'~l(t.. ....':t . ~ . ::l:~~;. <tll{ I" l:: t: ; j'.' ; ,. .:~. ;, . . 't :'.' :;: ~',~ '.'. 'I' w' . ~ . i'.;t:L ~.~::::'.,: .~. .~.:~: . \", ~\;"'~\." .' . "1 ," i!...,.... ,t. .\ ." :.-. .'...~,t<: .,.,. '''j' ',' tr! '. . ~&. ': . ":. . u; _ " '~;'~il;i . .,....:.:-.>(: ,'\I.... .'. .. ':',:1,: ~. l' ::1: _'0; ,',:'"'.: 'j:.: I ." 'A9~ 7.~OO3 ; " .. . ." i. , . Mt.;tdi1' ~er i Ch~~St:'P:n: Task Force to~'1! of Tib'OtOn i . '~M4B~8er. . : l. i i I am- *'li~Ulis letteIi~ support of the skate: park thallS being FOposed t"or rib y~u"bow~ _}' kids ~ve used Point Tiburon as a place to skateboard. The , ~o4~t(Y o~g ~Off the grQunds. No one is happy about the sitl.1ation. haV' .i1o"bere else to o. We need tv bave a place for them to skateboarti and . ",:q. it ~o~'t bother ybody. I will personally lend my support to ~ project, beli~'\tc i' is #le right ~ g to do. Everyone will be, happier. Please reco.rnmead 'foWn CQunCU that a Ie park is nee&<! in this town_ I .' :.; i . S~l . ! . C...YC' ! \. _ I . I : .... , I . '; I . . .."" 1 . ~ i .,: ' . I .. Cb.Q4& CooJc .' . . ~)P:Oint'Tiburonr : 170,,~lT~OD. BoulCv' TibU,ron, CA 949"..0 . I , I \ ; I I i I I i I i I I i 'J!. j . .';..;.,",: j i ...:. ;~.:.::: ..: ;, .,: ,....-. 1t:.J~. 'f: j f '~~'i,!;;l')f':' :, :"l-.:.,.J, ',' '~ ..:>:f .:~~;1.1r.'.,..' ; : ! ...,i t : :\! .:.':l.f' II' ,~ (~\I k . :, 1';'1' r. ;: . ~~. t~ ':ii 'M~'l- I ~I ~? l~ r . . ::1, ,~l', r '. ~ 'i" r . , ;J;I~~I,!, : '''/! Yll..r ..t.. ni~nl "j!"":H' , :: .:1 r~j!;~ . '? '1.'1; Ii' ~! ~:: ~ ., " ,,1 ~ I~ :11 'IH~' .. '1J:~!,,.1!. ;" I\i!;'l'l:~!" \ . . ; . ,]I~tit:~;.~~: . j ""'lf1'~+ ", : l't~'N;>i :::~~;Ii~t,j .: "l~I:I!:flr : : :,'. ;A".\Jlf f~:',: -, '.' ;~' :~:~~l ; 11;r:~i::;;:'- .:.:;~~:: ~ I. 'h~'f ,: '" , i :;j'~g jj · ....'1. ~J. ~'" '.' ; ')I;'a~'I::'" ( . jl:~;ff~: t^-. .! /: I;~: i. .!':';'r,:, i :.lJt iFI- 'l ....1..' I. : ' r -" ) . . . ., Town of Tiburon STAFF REPORT AGENDA ITEM (j (a,) . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR & MEMBERS OF THE TOWN COUNCIL SCOTT ANDERSON, DIRECTOR OF COMMUNITY ~ ^-- DEVELOPMENT ~ FROM: SUBJECT: Z 2003-02: TOWN-INITIATED TEXT AMENDMENTS TO THE TIBURON MUNICIPAL CODE, MODIFYING SECTION 16- 4.5, SECONDARY DWELLING UNIT USE PERMITS, AND RELATED CONSISTENCY AMENDMENTS (SECOND READING & ADOPTION) ~ MEETING DATE: JUNE 18,2003 APPROVED BY ~ REPORT DATE: JUNE 12,2003 . .. .. .. .. .. .. .. .. .. . .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. BACKGROUND At its meeting of June 4, 2003, the Town Council introduced and held first reading of the ordinance setting forth zoning ordinance text amendments related to secondary dwelling units. The item now comes to the Town Council for second reading and adoption. If adopted, the amendments will take effect in 30 days. RECOMMENDATION Staff recommends that the Town Council: . Hold a public hearing and conduct any desired deliberations. . Move to read by title only, pass the motion, read the title, and then hold a roll call vote on second reading and adoption 'of the ordinance. EXHIBITS A. Draft Town Council Ordinance. \zo\Z2003-02 sdu report2.doc Tiburon Town Council Staff Report June 18, 2003 1 of 1 -. ( ORDINANCE NO. N.S. . AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING SECTION 16-4.5 OF THE MUNICIPAL CODE, ADOPTING A NEW SECTION 16-4.5 OF THE MUNICIPAL CODE AND ADOPTING AND AMENDING VARIOUS SECTIONS OF CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE REGULATING SECONDARY DWELLING UNITS . WHEREAS, the State Legislature has declared that secondary dwelling units provide a valuable form of housing for family members, students, senior citizens, in-home health care providers, the disabled and others at below market prices within existing neighborhoods; and _ WHEREAS, the Legislature stated its intent that any secondary dwelling unit ordinances adopted. by local agencies have the effect of providing for the creation of second units; and WHEREAS, the Legislature restated its commitment to secondary dwelling units as a valuable form of housing in 2002 with the passage of Assembly Bill 1866, which amends Government Code Section 65852.2 by eliminating the authority to require a conditional use permit or any discretionary review for second units and mandating ministerial approval of such units; and . WHEREAS, Section 65852.2 authorizes a local agency to designate areas where secondary dwelling units may be permitted based on criteria that may include adequacy of water and sewer services, impact on traffic flow or other factors identified by the Town; and subject to certain limitations, impose standards that include parking, height, setback, lot coverage, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register :QUjj~!9E~~gl a S~~~~!lJ~Lc:,=cc::____~_____ .,____ .,_._. .________ _.. .,., ___ '__m___ ____ '" _ "_.,,. __ ... .___m..__ WHEREAS, the Town Council wishes to permit secondary dwelling units, subject to standards and criteria to be adopted by Resolution, in all single-family residential zones; and WHEREAS, the Town wishes to establish a procedure authorizing the Community Development Director or his designee to consider applications for secondary dwelling units ministerially, subject to specified standards and criteria, in compliance with Section 65852.2 of the Government Code; and . Town of Tiburon Ordinance No. . N. S. Effective July 18, 2003 1 i' . WHEREAS, the Town Council has held public hearings on June 4, 2003 and June 18, 2003, and has received and considered public testimony on this matter; and WHEREAS, the Town Council finds that all notices and procedures required bylaw attendant to the adoption of this Ordinance have been followed; and WHEREAS, the Town Council finds that the changes and modifications made by this Ordinance are consistent with the objectives of Chapter 16 and would not be detrimental to the public health, safety, or welfare; and WHEREAS, the Town Council has found thatthe changes and modifications made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and are consistent with other Town ordinances, plans, and regulations; and WHEREAS, the Town Council finds that adoption of this Ordinance is statutorily exempt from the requirements of the California Environmental Quality Act pursuantto Section 21080.17 of the Public Resources Code. . NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON HEREBY ORDAINS AS FOLLOWS: Section 1. Repeal. Section 16-4.5 (Secondary Dwelling Unit Use Permits) of the Tiburon Municipal Code is hereby repealed. Section 2. Adoption. Section 16-4.5 (Secondary Dwelling Unit Permits) of the Tiburon Municipal Code is hereby adopted to read as follows: 16-4.5 SECONDARY DWELLING UNIT PERMITS. 16-4.5.1 Purpose. . The purpose of this section is to provide for the establishment and reasonable regulation of Secondary Dwelling Units in order to encourage housing opportunities for all segments of the population while ensuring the public health, safety, and welfare. Town of Tiburon Ordinance No. N.S. Effective July 18, 2003 2 16-4.5.2 Definitions. As used in this section: Secondary Dwelling Unit means an attached or detached additional Dwelling Unit on a single family lot which provides independent living facilities for not more than three (3) persons, and which has kitchen/cooking, sleeping and sanitation facilities on the same lot as the Primary Unit. New Construction means the construction of a new Building, or the construction of an addition to an existing Building that would increase the Floor Area of the Building. Legal Nonconforming Secondary Dwelling Unit means a Secondary Dwelling Unit which currently does not conform to the regulations for the Zone in which iUs situated but which did conform at the time it was constructed or erected. Primary Unit means the Building (or portion of the Building in cases of an Attached Secondary Dwelling Unit) in which the Principal.Use of the lot takes place. A Secondary Dwelling Unitcannot constitute the Primary Unit. Owner of Record means the owner of at least 50 percent interest in the subject real property. Principal Place of Residence means a Dwelling Unit that is occupied by the Owner of Record as his primary place of residence. Attached Secondary Dwelling Unit means a Secondary Dwelling Unit that shares a common wall with the Primary Unit. 16-4.5.3 Secondary Dwelling Units; Where Permitted. Secondary Dwelling Units shall be permitted in all single-family residential ",_~9P~~-,_.,,~Re-EitiE~IJ}l:~~,=f91.J9~?::J~~1,_.~::-:1~,,1?=,_Ji9:..~,.,_.B9.~f~.,._.~1]8J3eq,.,.,.,:-,._.. 16-4.5.4 Application and Fee. Application for a Secondary Dwelling Unit Permit shall be made pursuant to the provisions of Section 16-3.1 and shall be accompanied by the appropriate fee. Town of Tiburon Ordinance No. N.S. Effective July 18, 2003 ~ . . . 3 . 16.-4.5.5 Director of Community Development as Acting Body. Applications for Secondary Dwelling Units shall be acted upon by the Director of Community Development or his designee without discretionary review or a public hearing. 16-4.5.6 Grant of Secondary Dwelling Unit Permit. In order to grant a Secondary Dwelling Unit Permit, the Director of Community Development or his designee, shall find that the Secondary Dwelling Unit would comply with all of the standards set forth in the currently adopted list of "Standards for Secondary Dwelling Units", 16-4.5.7 Standards for Secondary Dwelling Units. The list of "Standards for Secondary Dwelling Units" shall be established by Resolution of the Town Council, and may be amended from time to time by Resolution of the Town Council. 16-4.5.8 Building Permits. . A building permit shall be required in conjunction with the issuance of a Secondary Dwelling Unit Permit if repair, rehabilitation, or other work otherwise requiring a building permit is necessary. 16-4.5.9 Approved Conditional Use Permits Still Valid. . Any Secondary Dwelling Unit legally established with an approved Conditional Use Permit prior to July 1, 2003 shall continue to be considered a legal, conforming Dwelling Unit. Secondary Dwelling Units established by any such Conditional Use Permit shall continue to comply with all conditions of the permit approval. . 16-4.5.10 Premises Identification. . ,,:.A~QrQY~fLQ_~_'!l_Q_~t~cQ~_~~:t9L~~~,~_~: sb,~II,::t:>~prg.\(i9~c;JJ8L~~EbQ}'\'~mD9,:Unit:,:..".. and said numbers or addresses shall be plainly visible and legible Trom-the street fronting the property. 16-4.5.11 Expiration. Secondary Dwelling Unit Permits issued pursuant to this Section shall expire and become null and void one (1) year afterissuance unless a Certificate of Occupancy has been issued by the Building Division. . Town of Tiburon Ordinance No. N. S. Effective July 18, 2003 4 16-4.5.12 Revocation. . Upon written notice to the holder of a Secondary Dwelling Unit Permit, and a hearing before the Director of Community Development or his designee, the Director of Community Development may revoke or modify any Secondary Dwelling Unit Permit, on anyone or more of the following grounds: (a) - That the approval was based on false information submitted by the applicant. (b) That the use for which such approval was granted has ceased to exist or has been suspended for one (1) year or more. (c)- That the permit granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation. 16-4.5.13 Yearly Update. The Community Development Department shall maintain a record of all legal Secondary Dwelling Units and shall annually update the record. At the annual review, the Owner of Record shall verify in writing under penalty of perjury that the Secondary Dwelling Unit is in compliance with all conditions of the Secondary Dwelling Unit Permit, or with all conditions of the . Conditional Use Permit if the Secondary Dwelling Unit was established under a Conditional Use Permit issued prior to July 1, 2003. 16-4.5.14 . Reporting of Violations. All reporting of Secondary Dwelling Unit violations shall be in writing and directed to the Community Development Department. The Director of Community Development or his designee shall notify the owner of record of the property that a complaint has been registered, within ten (10) calendar days from receipt of any such complaint. The Director of Community D.evelopment or his designee shall investigate and issue a written report to _ ....._,:'-'=:Jb~:g,Q!!}Rlatl1~ot~l!bJg::!blr:t}'j~Ql~~x~=:frQ[1Jh~2~1~:.::<?fJh_~jBgH~g2~U~fJQ_~ ".,.,:',.. notice outlining the current status of any alleged violation and the steps that -- have been requested of the Owner of Record to remedy the situation. 16-4.5.15 Violations Considered an Infraction. Violations of this section shall be punished as infractions or by administrative citation, in the discretion of the Director of Community Development and shall be subject to the provisions of Section 16-5.13 and/orChapter 31 of the Tiburon Municipal Code. This subsection also . Town of Tiburon Ordinance No. N. S. Effective July 18, 2003 5 ;' . applies to violations of conditions of approval issued in association with any Secondary Dwelling Unit approval. 16-4.5.16 Violations Additional Remedies-Injunctions. As an additional remedy, the existence and/or maintenance of any Secondary Dwelling Unit in violation of any provisions herein, or of any conditions of approval placed thereon, shall be cause for revocation and shall be deemed and is declared to be a public nuisance and may be subject to summary abatement (Le., including, without limitation, administrative abatement pursuant to Chapter 31), and/or restrained and enjoined by a court of competent jurisdiction. In the event legal action is instituted to abate said violation, the Town shall be entitled to recover its costs and reasonable attorney's fees incurred in prosecuting said action. 16-4.5.17 Appeals. Any person aggrieved by any decision involving the approval, denial, or revocation of a Secondary Dwelling Unit Permit (or a Conditional Use Permit if the secondary dwelling unit was established under a Conditional Use Permit issued prior to July 1, 2003), may appeal such decision tothe Town Council pursuant to Section 16-3.8. . Section 3. Associated Amendments. A. The following definitions contained within Section 16-1.5 of the Tiburon Municipal Code are hereby amended as follows: Accessory Use means a use customarily incidental, related, and subordinate to the principal legal use of the parcel or lot and located on the same. A Secondary Dwelling Unit is not an accessory use. Accessory Building or Structure means a building or structure which is subordinate to the main building on the same site, or the use , ,'.. .cQLwhichj~jflJ~i~:t~JJJc:111Q.tb.~!LS_~..Qft.b~~i!~.:.c:>r:!b~,,_LJ~cE:tc:>fJb~.m~~1J ',',.',. building on the site. An accessory building that shares a common mn .- wall with amain building shall be deemed a part of the main building. A building or structure which is used as a Secondary Dwelling Unit is not an accessory building or structure. (See Setback.) . Secondary Dwelling Unit means an attached or detached additional dwelling unit on a single family lot which provides independent living facilities for not more than three (3) persons, and which has kitchen/cooking, sleeping and sanitation facilities on the same parcel as the primary unit. See Section 16-:4.5. Town of Tiburon Ordinance No. N. S. Effective July 18, 2003 6 .. B. Section 16-2.2.1 (f) of the Tiburon Municipal Code is hereby added to read as follows: . (f) Secondary Dwelling Units pursuant to the provisions of Section 16-4.5. C. Section 16-2.2.2(0) of the Tiburon Municipal Code is hereby deleted. D. Section 16-2.4.1 (f) of the Tiburon Municipal Code is hereby added to read as follows: (f) Secondary Dwelling Units pursuant to the provisions of Section 16-4.5. E. Section 16-2.4.2(0)ofthe Tiburon Municipal Code is hereby deleted. F. Section 16-2.7.1 (f) of the Tiburon Municipal Code is added to read as follows: (f) Secondary Dwelling Units pursuant to the provisions of Section 16-4.5. G. Section 16-2.7.2(m) of the Tiburon Municipal Code is herebydeleted. . H. Section 16-3.4.1(a) (2) of the Tiburon Municipal Code is hereby deleted. Section 4. Severabilitv. 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 decisionshall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this :.Ord ina nce_,aDYcS~~ti91l...~.lJQ~~_cJiQn ,_~~n!~I}c::~ ,:c::!~~~~,_Qr:pb_r9~~Jt'lereQt irrespective of the fact that any one or more sections, subsections,---------- sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 5. Effective Date. This Ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance, or its legally required equivalent, shall be published with the names of the members voting for and . Town of Tiburon Ordinance No. N. S. Effective July 18, 2003 7 . . . 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 4,'2003, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on June 18, 2003, which was noticed pursuant to provisions of the California Government Code, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLAVITZ, MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI, TOWN CLERK \zo\Z2003-02 tc ordinance.doc Town of Tiburon Ordinance No. N.S. Effective July 18, 2003 8 -, _I '/ rj> . Town of Tiburon STAFF REPORT . . IJ( k) AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MA VOR & MEMBERS OF THE TOWN COUNCIL FROM: SCOTT ANDERSON, DIRECTOR OF COMMUNITY<"A..- DEVELOPMENT r SUBJECT: Z 2003-02: TOWN-INITIATED TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE REGARDING ESTABLISHMENT OF REGULATIONS REQUIRING SITE PLAN AND ARCHITECTURAL REVIEW FOR DRIVEWAYS AND OPEN PARKING SPACES ~ MEETING DATE: JUNE 18,2003 APPROVED BY ~ REPORT DATE: JUNE 12, 2003 . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND At its meeting of June 4,2003, the Town Council introduced and held first reading of the ordinance setting forth zoning ordinance text amendments related to design review for driveways and open parking spaces. The ordinance now comes to the Town Council for second reading and adoption. If adopted, the amendments will take effect in 30 days. RECOMMENDATION Staff recommends that the Town Council: . Hold a public hearing and conduct any desired deliberations. . Move to read by title only, pass the motion, read the title, and then hold a roll call vote on second reading and adoption of the ordinance. EXHIBITS A. Draft Town Council Ordinance. \zo\Z2003-02 parking tc report2.doc Tiburon Town Council Staff Report . 1 .s C?J v!J ~. O~~fi: -~\O .... :-1 :~~_ . ;~__~:_\\: .... ~;l:~~~~~ .'.'. o.9Ni;;~rii:(.' ~. , . June 18, 2003 1 of 1 " '\ 1( ORDINANCE NO. N.S. . AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE REQUIRING DESIGN REVIEW FOR DRIVEWAYS AND OPEN PARKING SPACES The Town Council of the Town of Tiburon does hereby ordain as follows: Section 1. Findinas. A. The Town Council has held public hearings on June 4, 2003 and June 18, 2003, and has received and considered public testimony on this matter. B. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. C. The Town Council finds that the changes and modifications made by this Ordinance are consistent with the objectives of Chapter 16 and would not be detrimental to the public health, safety, or welfare. D. The Town Council has found that the changes and modifications made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and are consistent with other Town ordinances, plans, and regulations. . E. The Town Council finds that adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act. Section 2. Amendment. , Section 16-4.2.2(g) of the Tiburon Municipal Code is added to read as follows: (g) After {the effective date of this Ordinance}, the creation, installation, or establishment of any driveway or of any open parking space (or other area capable of being used as a parking space) on an Improved Parking Surface. Section 3. Severabilitv. 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 . Town of Tiburon Ordinance No. #### N. S. Effective July 18, 2003 . 1 "" } . . . . portions of the Ordinance. The Town Council of the Town of Tiburon 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 4. Effective Date. This Ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the Ordinance, or its legally-required equivalent, 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 4, 2003, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on June 18, 2003, by the following vote: AYES: NOES: ABSENT: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: . PI8_N!;~CRANE!'&C_Q8LLIQWJ'~CI".ERK, /zo/Z2003-02parking ordinance.doc Town of Tiburon Ordinance No. #### N. S. Effective July 18, 2003 2 . . . Town of Tiburon STAFF REPORT AGENDA ITEM 1.!1- TO: Mayor and Members of the Town council~ Alex D. Mcintyre, Town Manager ~ Proposed Insert to 2003.2004 Property Tax Statements FROM: SUBJECT: MEETING DATE: June 18, 2003 Vice Mayor Fredericks asked that this item be brought before the Town Council for consideration. Over the past few years, the MCCMC has been working with the County on developing an insert into the Property Tax Statements. The purpose of the insert would be to educate the tax payers as to the allocation of their property tax dollars across public agencies. The proposed language of the insert would be: Proposition 13, the 1978 ballot measure that capped property taxes in the state, sharply diminished the property tax revenues that counties, cities and special districts had available to provide services. In 1976, local agencies received _ percent of their revenue from property taxes. Today, property taxes only support percent of local agency budgets. Proposition 13 allowed the State Legislature to reallocate local property taxes among local governments. In the midst of the 1991-92 recession, the State Legislature exercised this power to take the county, city and special district property taxes to fund the state government's constitutional obligation to support schools. Today, this tax shift is causing Marin governments (cities, counties and special districts) to lose more than $36 million this year alone. During the past 10 years, Marin governments have lost a cumulative amount of more than $ million in funds that previously were used for local community services. The Town's share in the cost of the insert would be approximately $400.