HomeMy WebLinkAboutTC Agd Pkt 2003-06-18
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TOWN OF TIBURON
Town Council Chambers
1505 Tiburon Boulevard
Tiburon, CA 94920
June 18, 2003
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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.
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Agenda - Town Council Meeting
- June 18, 2003
Page 2 of 5
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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.
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. 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
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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::,_________
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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
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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
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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
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. 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
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CALL TO ORDER
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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.
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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]
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CONSENT CALENDAR
1. Recommendationby Town Clerk - Resolutions Pertaining to November 4, 2003
Municipal Election
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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 .
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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
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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 ..... . ......... ..... ....
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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
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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.
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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.
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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%).
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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.
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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
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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."
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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
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fairly determine the assessment in proportion tothe benefit received, for all properties in the
district.
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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.
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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.
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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
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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
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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
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efficiencies, such as a modernized fleet, changes to its collection and disposal practices of
recyclables and refuse, and improved accounting practices.
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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.
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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,
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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.
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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
.
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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
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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
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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
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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
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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
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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
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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.
.
,
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for Bus. License Audit Municipal Analytics.doc
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IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
. execute this Agreement the day and year above written.
.
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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
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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
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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
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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
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Municipal Analvtlcs, llc
Page 5 of 6
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Draft Proposal for Business License Revenue Audit
Ms. Heidi McVeigh
Town ofTiburon
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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.
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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.
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June 13, 20(
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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
~
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.
.
.
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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
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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
~
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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;\ . ........', ,", .,.
.
->
..
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.
.
.
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.
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. 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:
. . . . . . . . . . . . . . . . . . .
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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.
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Alarm Fees
June 13,2003
2 of 3
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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
.
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Alarm Fees
June 13. 2003
3 of 3
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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)
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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':::
.---- .
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ATTEST:
Diane Crane Iacopi, Town Clerk
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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
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SUbject.
June 3, 2003
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~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_'..
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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
,.~
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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
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STAFF REPORT
AGENDA ITEM
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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:
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Municipal Budget Pial
June 18, 2003
3 of 5
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Town of Tiburon
STAFF REPORT
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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
.
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Municipal Budget Pial
June 18, 2003
4 of 5
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Town of Tiburon
STAFF REPORT
AGENDA ITEM
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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.
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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.
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Exhibits
Municipal Budget Pial
June 18,2003
5 of 5
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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
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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
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Section 2. Capital Improvement Program - Sources of Funding for Planned Streets,
Drainage and Community Development Improvements in fiscal year 2004:
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. 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
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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
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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
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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
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. 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. .
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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
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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-~~----.---.----_.----.-..-
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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:
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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
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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
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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:
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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
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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.
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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
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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
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Page 8
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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
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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
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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';"
.- ..- "_. - ~ > ' , -.-..,.'"
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---_..,.._--_._-_._-_._----_._-_...._,._-~--_.._-
JEFF SLA VITZ, MAYOR
ATTEST:
.
DIANE CRANE-'IACOPI, TOWN CLERK
,"~T OJ:-
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~"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__,_,.._ ".
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(0) Exclusions include residents on federal military installations and group quarters residents in state mental institutions and state and federal
correctional.institutions.
Page 1
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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
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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
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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
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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
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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
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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
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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.
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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
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.' 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.
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1. 2000 US Census Data
Rev_05.29.03
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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.
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1. 2000 US Census Data
Rev_OS. 29. 03
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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.
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Rev_05.29.03
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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
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6/12/2003
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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 $5,000 toward
the building of the skateboard park and will be pleased to see our
Peninsula's youth have the same opportunity we gave our children many,
many years ago.
This is long overdue. I hope you will do all you can to get this
skateboard park into service, helping our children - and grandchildren-
c~:nj.9..xc:!~5c~:::9:lJ::tQ_Q:tu=Jef. span.. of-th e:i .r:. chi ldh 0 0 d. . . ,-_.".- ..',.
Thank you.
'f~ 17J~
FRED MANTEGANI
.
jSubj: skatepark
!Date: 04/07/2003 1 :55:41 PM Pacific Daylight Time
!From: feldfam5@earthlink.net
lTo: acgoggio@aol.com
_ent from the Internet (D,!!tails)
Dear Task Force,
I'm writing to you today to let you know my family supports the approval
for plans to build a
Skate Park. We feel it will be an asset to our community and a benefit to
our children.
Please recommend to the town council that the Skate Park plans should be
approved.
Thank you,
Lisa and Philip Feldman
562 Tenaya Drive
Tiburon, Ca 94920
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FROM
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PHONE NO. 14154359414
Apr. 07 2003 10:53AM Pl
Miles Berger
Chair of The Skate Park Task Force
Tiburon. CA 94920
Dear Mr. BeIlF.
April 7 . 2003
I am unable to.atteod.tonight~smeeting, buH would like a cbaDceto \loamy opinion before you
tep(BttD the Town Council. In short, r support tbedesire to bui)da~ park somewhere in
Tib~ t})at is ~accessib1e1D kids of tile area,
I ~ \JP~.in 1i1e 19$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!
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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!
.
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to~'1! of Tib'OtOn i
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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_
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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
'/
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. 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
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June 18, 2003
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ORDINANCE NO. N.S.
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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.
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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 .
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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
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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.