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Home My WebLink AboutTC Agd Pkt 2004-12-01 e TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 1~/2 r; /-<r December 1, 2004 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/orQ/Qovernment. e Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, 'phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all ~ems in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. e --.. '~. Agenda - Town Council Meeting December 1, 2004 Page 2 of 4 . AGENDA CALL TO ORDER AND ROLL CALL Councilmember Gram, Councilmember Slavitz, Councilmember Smith, Vice Mayor Berger, Mayor Fredericks 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 vour comments to no more than three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the public, staff or Town Council that an item be transferred to the Regular Agenda for separate discussion and consideration. Likewise, any item on the Regular Agenda may be moved to the Consent Caiendar. If you would like to speak on any of these items on the Consent Calendar below, please do so now.' 1. Approval of Town Council Minutes - November 17, 2004 . 2. Recommendation by Town Clerk - Adoption of Annual Town Council Appointments List 3. Recommendation by Administrative and Financial Analyst - Approve Proposed Reorganization of Public Works Department and Related Budget Amendment " a) Establish Classification of Construction Project Coordinator Position b) Change Status from Part-time to Full-time for Administrative Aide (Public Works) c) Approve Budget Amendment for Reorganization - $38,200 4. Recommendation by Director of Administrative Services - Approve Budget Amendment for Installation of Photovoltaic Panels at Town Hall 5. Recommendation by Director of Administrative Services - Accept Town Investment Report for October 2004 6. Recommendation by Director of Administrative Services - Ratify Tiburon Police Association Labor Agreement 7. Recommendation by Mayor - Approve Fourth Amendment to Town Manager's Employment Agreement 8. Recommendation by Planning Manager - Authorize Execution of EI R Consultant Agreement for Kol Shofar Expansion Plan . p Agenda - Town Council Meeting December 1, 2004 Page 3 of 4 . COUNCIL COMMITTEE AND COMMISSION REPORTS WRITTEN COMMUNICATIONS Town Council Weekly Digest - November 19, 2004 Town Council Weekly Digest - November 26, 2004 ADJOURNMENT The Council will adjourn and reconvene as the Tiburon Redevelopmenf Agency. TIBURON REDEVELOPMENT AGENCY AGENDA CALL TO ORDER AND ROLL CALL Boardmember Gram, Boardmember Slavitz, Boardmember Smith, Vice Chair Berger, Chair Fredericks . APPROVAL OF MINUTES 1. January 21, 2004 2. June 16, 2004 BUSINESS MEETING 3. Adoption of Financial Report for Fiscal Year Ending June 30, 2004 ADJOURNMENT The Council will adjourn as the Redevelopment Agency and reconvene as the Tiburon Town Council. TIBURON TOWN COUNCIL ELECTION OF MAYOR Outgoing Mayor Fredericks will receive nominations for the Office of Mayor and conduct the election. TOWN COUNCIL COMMENTS e ELECTION OF VICE MAYOR The Mayor-elect will take the Chair and conduct the election of Vice Mayor. Agenda - Town Council Meeting December 1,2004 Page 4 of 4 TOWN COUNCIL COMMENTS ADJOURNMENT - To a celebration at the home of Miles Berger UPCOMING MEETINGS & EVENTS December is, 2004 - Special Town Council Meeting (5:00 p.m.) - (Regular Meeting Cancelled) December is, 2004 - Town Holiday Party - 6:00 p.m. (Servino's Ristorante) December 23, 2004 through JanuarY 2, 2005 - Town Hall Holiday Closure -, ,. ~ . . . ..,0' . . e . If;t\1. ;() 8 ! TOWN COUNCIL MINUTES CALL TO ORDER Mayor Frederi a ed the regu eeting of the Tiburon Town Council to order at 7:30 p.m. on Wedn ay, November 17, 2004, n Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, alifornia. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz Smith PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Public Worksrrown Engineer Echols, Director of Administrative Services Bigall, Chief of Police Odetto, Planning Manager Watrous, Town Clerk Crane lacopi Prior to the regular meeting, the Council met at 6:45 p.m. in closed session and discussed the following items: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956. 9( c)) Initiation of Litigation - Case name withheld because disclosure would jeopardize existing settlement negotiations CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.(b)) Potential litigation arising under Section 9.2 of the MERA Joint Powers Agreement because of delays to MERA Project ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Fredericks said that direction was given to Staff but no action was taken in closed session. Town Council Minutes # 23-2004 November /7, 2004 Page / ,~. ORAL COMMUNICATIONS 'Michelle Aswalt, representing "Afghans4Tomorrow," said that news commentator Dana King would be speaking on Afghanistan at the Community Congregation Church on Thursday, '. November 18, 2004. CONSENT CALENDAR I. Approval of Town Council Minutes - November 3,2004 2. Recommendation by Director of Administrative Services - Reallocation and Transfer of Reserves for FY 2004-05 3. Recommendation by Planning Manager- Partial Upholding of Appeal of Design Review Board Decision to Approve a Site Plan and Architectural Review Application for Construction ofa new Single Family Dwelling at 79 Round Hill Road Appellants: Charles and Dale Sofuas, 75 Round Hill Road Applicants: Ron Oznowicz & Carl Weissensee Assessor Parcel Nos.: 58-301-17 & -35. a) A Resolution of the Town Council of the Town ofTiburon Partially Upholding Appeal Charles and Dale Sofuas and Granting Conditions Thereto It was the Council consensus to remove Item No.3 from the Consent Calendar. Mayor Fredericks said that Item No.3 would be discussed during the ballot tabulation recess for Item No.4 below. Vice Mayor Berger made corrections to page 10 of the November 3, 2004 minutes. MOTTON: Moved: Vote: To adopt Consent Calendar Item Nos. I and 2, as amended. Gram, seconded by SIa"vitz AYES: Unanimous ABSENT: Smith PUBLIC HEARING 4. Recommendation by Director of Public Works/Town Engineer - Formation of Lyford Cove Undergrounding of Utilities Assessment District a) Project Summary. There will be a brief summary of the project and proposed financing by representatives of the proposed District and Staff. Town Council Minutes # 23-2004 November J 7, 2004 Page 2 . "'.. . . . ;:; . . e ; b) Public Hearing. Speakers will have three (3) minutes and will be asked to state their name, addrcss and identifY the property they own or represent within the proposed Asscssment District. c) Submittal of Ballots. The Mayor will ask for the final submittal of ballots to the Town Clerk. d) Tabulation of Ballots. Thc Public Hearing will be closed and the Council will take a short recess to allow the Town Clerk time to open and tabulate the ballots. e) Results. Based upon the results of the balloting, the Town Council will then discuss the matter and determine how to proceed. If the Council decides to proceed with the fi)rmation ofthe Assessment District, it will adopt the following resolution: (i) A Resolution of the Town Council of the Town ofTiburon Adopting the Engineer's Report, Confirming the Assessment, Ordering the Work and Acquisitions and Directing Actions with Respect thereto - Town ofTiburon, Lyford Cove Undergrounding Assessment District Mayor Fredericks described the order of hearing and made the following announcement: "Those homeowners who have nol yel submilled a ballot, or those who wish 10 change Iheir vole on Ihe , ballol already submitted, may do so al any lime up to Ihe close of Ihe Public Hearing. ". . Director of Public Worksrrown Engineer Echols gave a brief Staff report outlining the history and steps taken to form the district. Joan Cox, District Engineer, Harris & Associates, touched upon the changes made to the final Engineer's Report and outlined the method of assessment. Ms. Cox said that the costs a~sociated with the formation of the district had gone down slightly from the time the preliminary report was adopted, and the total project cost was now estimated at $4,244,000. She said that the special benefits were calculated on three factors--safety, aesthetics and reliability. It wa~ determined that each property would benefit equally in the first two areas. Ms. Cox said that reliability was calculated using the single-family residential parcel as the basic unit of comparison. Each single-family parcel received one benefit point; multiple residential properties were a~signed .7 points for each potential or actual dwelling unit (based on current zoning) and non-residential properties were rated based on the average size single-family lot within the district. Town Council Minute" # 23-2tJtJ4 November 17, 2tJtJ4 Page 3 Thc Engineers also assigncd bcncfit points bascd upon the "highest and best use" of existing properties and vacant lots within thc district, according to Cox. Ms. Cox explained that assessment'tormula consisted of Safety Benefit Points + Reliability Bcncfit P,oints + Aesthetics Benefit Points = Total Bcnefit Points. There were also somc exceptions, such as portions of the district that had prcviously undergrounding their utilities (Mar East Assessment District No. 83-1 and Linda Vista Assessmcnt District No. 1994-01). Thcsc parcels were calculated separately, using reduced bcncfit points. Ms. Cox noted that sincc adoption of the preliminary engineer's rcport, 10 propcrtics had bccn reviewcd and their asscssments reduced and that one property in the Mar East District had bcen reduced to zcro benefit points. Vice Mayor Berger asked whethcr any consideration had been given to thc size of a property. Ms. Cox said that parcels were revicwed to see whether thcrc was a potential for two units (within the R-2 zoning designation) but noted tliat it had becn dctermined that some ofthe properties werc in fad unable to support two units duc to their lot size. Mayor Fredericks opened thc public hearing. The following members of the public spoke: . Steve Patterson, resident of San Rafael, owner 01'2078 Paradisc Drivc, said that his property had four legal units but that he had been unawarc ofthe formation of the district when he purchases the property in March 2004; said that beautification was not always a factor taken into account when purchasing income properties and that he would bc unablc to pass through the assessment to his renters; a~ked for rcconsidcration of his assessment because his building was less than 3,000 squarc feet and that he was a "downhill" property [with little view impact form poles and wires]. Mayor Fredericks said that the amount of the assessment was not a decision made by the Council. Vice Mayor Bergcr commcnted that people who live in the neighborhood were, in fact, greatly affected by thc totality of the views and that removal of poles and wires would make the entire street more desirable and perhaps even incrcase rental valucs. . Lawrence Livingston, 2311 Mar East, said the previous speakcr ncglected to mention the effects of power outages on the area and said that there had becn three already so early in the winter scason; said that reliability was a major factor in creating a livable environment and was given due considcration in the engineer's report. Town Council Minutes II 23-2004 November 17, 2(1)4 Page 4 :' .~ ". . . . " e . . . Scan Eilcrs, 55 Linda Vista, said that his arca was Iitcrally "covcred" with powcr lincs which concerncd him ifany one of them broke and camc down in the yard where his children might be playing; said that there wcrc 8-10 powcr outages thc first year that he and his family lived in thc neighborhood, and that they were without heat for three days. . Jim Coggan, 2350 Mar Ea~t, 30-year resident, said he had never oncc seen a downed power line and that the reliability issue might be a false assumption and create false expectations; said that no water side propertics in the neighborhood had poles or lines in their view and that the [assessment] mcthodology was "seriously flawed" and unfair. . Ed Lynch 244] Paradise Drive, pointed out that property owners had "very little control" over what kinds of equipment thc utility companies put on the power poles; urged the audience not to let the opportunity "pass us by," because any delay would result in increa~ed costs and the possibility of more poles and equipmcnt in the future. . Knowles I-Iall, 2336 Mar East, downhill side, said that it was "ludicrous" to pay the samc asscssment as the uphill neighbors, and said the mcthodology was "grossly unfair_," . Mark Cunningham, 2088 Paradise Drive, said he was against the cost allocation and that he already paid "substantial taxes" on his duplex; asked why no [public] funds were available to underground utilities; disputed that the utilities could "put polcs anywhere." Mayor Fredericks said that the utilities could indeed place poles anywhere they wantcd bccause of existence of utility easements across properties. The Mayor said that "newer communities" were required by zoning laws to undcrground utilities but that older ones had the above-ground infra~tructure which the residents themselves took on the cost of under grounding. She pointed out that it was not a "tax." Vice Mayor Berger concurred, adding that in thc newer subdivisions, the developers paid felr the cost of undergrounding which was passed onto the buyers. Hc said that this sort of self- assessrnen1 and bond funding was "typical" of how older communities got their utilities undergrounded. . Nico Dirkzwager, 2246 Mar East, said the assessment methodology was "peculiar" and said that in Belvedere, there was a one-third/two-third split. She also complained ofthe "blank check" she would have to writc for the lateral conncction. Mayor Fredericks said that it was rcallyan "accident" that some people had poles or wircs in their views and some did not due to the design of the (elel:trical) grid. She said that the engineers came up with a assessment method that was less subjcctivc and more legally defcnsible, in this instance. , Town Council Minules II 23-J004 November 17, JOIN Page 5 . " . Boh Ellsberg, 2250 Centro East, said that he had worked on other undergrounding attempts in Lyford Cove 20 years ago and even as recently a~ 10 years ago; said that this . was a much larger district and a "wonderful opportunity" to underground the "whole neighborhood, not just a few hlocks." He added that most people would be very pleased with,the success of the district fllrmation even though everyone was going to be happy with the formula. . Klaus Meinberg, 2275 Mar East, that while he sympathized with some of the downhill neighhors that he supported the district formation. He relerred to a "latc mail" lctter from Tom O'Neill which proposed forfeiting the suhscription deposits and give them to people who really needed fmaneial assistance or were really opposed to the district. . Marion Hinman, 2074 Paradise Drive & vacant lot, said she would ''take the $1,000;" complained that she would not get any bene1it except "maybe fewer power outages." Asked why the utilities companies didn't do the undergrounding "like they do in San Francisco." Also expressed concern that she did not know where the new poles would be placed and that she was certain people might not be happy with the placement. . Suzanne Lincoln, 2420 Mar East, said she saw only uphill poles and that anyone who was opposed to the district should just ''take a walk" through the neighborhood to visualize the benefit; said that all the properties would increase in value with the district. . 11 Wintersteen, 2315 Paradise Drive, 20 year resident, said he had lived through a lot of . storms and had a broken power line on his property which had "sparked;" commented that one of his neighbors, with a utility casement, had gone away for a week and had come home to two poles instead of one on their property; said how "delightful" it was to walk through the Linda Vista area which had already been undergrounded; that $20,000 was really "not a lot of money," especially for those who had the benefit of Prop. 13 assessment on their homes. . Patrieia Young, 2298 Paradise Drive, said that she was not opposed to undergrounding hut rather the allocation of costs; that is was "unfair" to assign the same benefits to all. . Mark Pressman, bond underwriter for the district, said that he had a lot of experience with these kinds of districts and that the formulas used to calculate benefits were going to be sUQjeetive in that they depeneded on the analysis of the engineers; said that different districts had different formulas but that in his estimation, this was a "good stah" at fairness for all the people involved. Gave an example of making the allocation higher fllr uphill neighbors by $2,000 and less $2,000 for downhill neighbors; said that this would result in a ditlerenee of$140 per year or roughly, $10 per month. . Steven Mavromihalis, 220 Divso Street, said that he would "benefit enormously" from the district; said that as a "luxury home" real estate broker, aesthetics made "all the Town Council Minutes II 23-2()()4 Novemher /7. 2004 Page 6 . . differencc" to buyers and that the overall cost was a "tiny fraction" ofthe value of homes in this area; as much as thcy appreciate in a ycar' s time. . David Kirchhoff, 2290 Spanish Trail, 40 years, owncr ofa real estate appraisal company, agreed, stating that in his experience, the undergrounding of utilities resulted in a 5-10% increasc in value of homes, and said that this was confirmed in Stewart Drive, Hillhaven, and Corinthian Island districts. . Joan Lombardo, 2165 Paradise Drive, and Liz Bird, 2205 Paradise Drive, district proponents, said that they appreciated the Council's action in adopting the 1994 resolution in support of under grounding of utilities districts; said it was difficult to please everyone but noted that everyone agreed there would be improvements to the neighborhood if the district moved forward. Thcy thanked the District Engincers for a "great job." Mayor Fredericks adjourned the meeting to allow for ballot tabulation and to conduct the business below (Itcm No.3 and Item No.5). At the end ofthe recess, Mayor Fredericks re-opened meeting to Item No.4, Lylord Cove Undergrounding Assessment. District. The Town Clerk announced the results: 70% in favor; 30% opposed (based on dollars assessed-- $2,366,979 in favor; $1,001,731 opposcd). Of the 178 ballots received, 125 were in favor and 53 . wcrc opposed. MOTION: To adopt Resolution adopting Engineer's Report, Confirming the Assessment. Ordering the Work and Acquisitions and Directing Actions with Respect Thereto Gram, seconded by Berger AYES: Unanimous ABSENT: Smith Moved: Vote: CONSENT CALENDAR 3) Recommendation hy Planning Manager- Partial Upholding of Appeal of Design Review Board Decision to Approve a Site Plan and Architectural Rcvicw Application for Construction of a new Single Family Dwclling at 79 Round Hill Road Appellants: Charles and Dale Sofuas, 75 Round Hill Road Applicants: Ron Oznowicz & Carl Weissensec Assessor Parcel Nos.: 58-301-17 & -35 a) A Resolution ofthe Town Council of the Town ofTiburon Partially Upholding Appeal Charles and Dale Somas and Granting Conditions Thereto . Town Council Minutes # 23-7004 November 17, 20114 Page 7 Planning Manager Dan Watrous reported that on November 3, 2004, the Town Council held a public hearing on the appeal of the Design Review Board's decision to approve a Site PlaT! and Architect~al Review application to construct a single family dwelling on property located at 79 Round Hill Road. At the meeting, the Town Council voted 4-1 to direct staff to prepare a resolution partially granting the appeal. The Council imposed a condition requiring that tree trimming and/or removal be performed to create a slot view or "window" from the appellants' home. Watrous noted that Council had received late mail from Mr. Rifkind, attorney for the owners of 79 Round Hill Road, opposing the proposed condition of approval of the resolution addressing tree trimming/removal. Len Rifkind, attorney for the owners of79 Round Hill Road, introduced Ray Moritz, arborist, who was retained to look at the trees to be trimmed or removed. Mr. Moritz stated that there wa~ concern over the removal of the two oak trees which are part of the oak grove on the property. He noted the removal of the two stemmed oak may require the removal of a third tree as they are entangled. He also noted the removal of these trees may cause damage to the remainder of the grove due to possible wind damage. He recommended that the trees not be trimmed or removed due to the possible spread of sudden oak disease. Ron Oznowicz, owner of79 Round Hill Road, spoke in opposition of the proposed resolution, stating that it would require him to create a possible view for the Sofuas' who had not had a view before. Mr. Rifkind stated the property owner did not find the condition of removal of trees satisfactory, nor did he believe it was legally enforceable. Councilmember Gram noted that ifthc Council did not approve the resolution before them, theY would have to reopen the issue and might possibly require more stringent conditions. He asked if that was the desire of the applicant. ' Mr. Rifkind replied the applicant was opposed to thc condition oftree removal and would like to see the Council consider removing the condition. Carl Weissensee, applicant, questioned ifthc condition was in fact giving Mr. Sofuas a view easement over thc property at 77 Round Hill Road, which would impact the future siting of any home on that property. Councilmember Berger asked Mr. Sofnas ifhe could "live with" the resolution as written. Mr. Somas rcsponded that he could. Town Council Minutes # 23-2004 Novemher /7. 2004 Page 8 , . . . -. . " . Mayor Fredericks asked Mr. Sofnas that ifhe would forcgo any legal action against the owner of 79 Round Hill Road ifa view was created by the rcmoval of the trees. Mr. Sofuas responded he would, if the trimming was sufficient. He said that he would not be satisfied if he was not given a view by the tree removaVtrimming. Attorney Danforth recommended modifying the condition of approval to address the concerns of the applicant, and that there be some reference that Mr. Sofuas would not challenge Council's action. She stated it was not the intention to give anyone a view easement and the condition would limit the number 9ftrees in question. Mr. Rifkind stated he could not agree to anything that would significantly affect the siting ofthe home on 77 Round Hill Road. He recommended wording that would limit the number oftrccs to be trimmed to 2-3, as determined by Staff and an arborist, to gain views, and that Mr. Sofnas would execute a document releasing his right to challenge this decision. Mr. Rifkind stated he believed Council had made a good recommendation and would like to see the draft language. He expressed his desire to have sufficient time to see how this language could possibly impact lot 77. . MOTION: Moved: Vote: To continue the matter to a meeting in January 2005. Berger, Seconded by Gram AYES: Unanimous REGULAR AGENDA 5. Recommendation by Town Manager - Update on and Authorize Execution of a Proposed MERA Cooperative Agreement Concerning Feasibility Analysis ofWolfback Ridge Site Town M~ager McIntyre reported that the Town Council authorized him to negotiate an agreement with MERA with regard to the fea~ibility study to relocate the antenna rrom Mt. Tiburon to Wolfbaek Ridge. Couneilmembcr Berger recommended that Page 2, Section 2 (b) be changed to read "Tiburon shall reimburse MERA up to $23,961....." Mayor Fredericks opened the publie hearing. There was no public comment. Mayor Fredericks closed the public hearing. e Town Council Minutes # 23-2004 Novemher 17, 2004 Page 9 MOTION: Moved: Vote: To authorize the Town Manger to execute the agreement a.~ amended. Berger, Seconded by Slavitz A YES: Unanimous COUNCIL, COMMITTEE AND COMMISSION REPORTS WRITTEN COMMUNICATIONS Town Council Weekly I>igest - November 5, 2004 Town Council Weekly Digest - November] 2,2004 ADJOURNMENT There being no further business before the Town Council ofthe Town ofTiburon, Mayor Fredericks adjourned the regular meeting at 9:25 p.m., to the next regular meeting scheduled for December I, 2004. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes Ii 23-2004 November /7, 20tJ4 Page J() J . . . r';' . . . Town of Tiburon STAFF REPORT o AGENDA ITEM oZ . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR FREDERICKS AND MEMBERS OF THE TOWN COUNCIL FROM: TOWN CLERK DIANE CRANE IACOPI APPOINTMENTS TO BOARDS, COMMISSIONS . COMM~ December 1,2004 REVIEWED BY: SUBJECT: MEETING DATE: . . . . . . .. .. . . .. .. .. .. . .. . .. . .. . .. . .. . . . . .. . . . . .. . .. . . . . . .. . . .. . . . . . . Adoption of Annual Local Appointments List Pursuant to Town Council Resolution No. 3263 [Appointments Procedure] and State Law, the Town Council must adopt and publish a list of local appointments made by the Town Council prior to December 31 of that year. The list is then posted at the Town Hall and public library . A current list of Town Council appointments, for the period January through December 2004, is attached for Council's review and adoption. At its first regular meeting in the new year, the Council must also announce a list of commission and committee term expirations and pending vacancies that will occur in 2005. A separate notice and list will be made available at that time. ACTION REQUIRED . Adoption of annual Local Appointments List (Consent Calendar) EXHIBITS . List of Town Council Appointments (January - December 2004) 7 . . . TOWN OF TmURON - LOCAL APPOINTMENTS LIST January through December 2004 (Pursuant to Govt. Code Section 54972) Commission Incumbent Date Tenn Qualifications Appointed Expires PLANNING Wayne July 2000; February Resident of COMMISSION Snow reappointed 2007 Tiburon February 2003 Randy January 2002; February Greenberg RESIGNED 2006 APRIL 2004 (Appointed to County , Planning Commission Richard May 2002; February Collins reappointed 2008 February 2004 John February 2004 February Kunzweiler 2005 Jim Fraser February 2004 February 2006 Jim July 2004 February Hermann 2006 DESIGN REVIEW Bill Teiser March 2002; February Resident of BOARD Reappointed 2008 Tiburon February 2004 Peninsula Kirk Beales February 1997; February , reappointed 2007 February 1999; 1 reappointed February 2003 Mike Figour August 2000; February reappointed 2005 February 2001 Liz Bird February 2004 February (appointed 2007 to replace John KunzweiJer) Emmett October 2003; February O'Donnell reappointed 2008 (appo inted February 2004 to replace Jim Fraser) PARKS & OPEN SPACE Michael June 2002 February Resident of COMMISSION McMullen 2005 Tiburon Chris Wand April 2004 February (appointed 2006 to replace Jim Hermann) Helen February 2000; February Lindqvist Reappointed 2006 February 2002 Margo September February Zcnder 1992; 2008 Reappointed September '96; February '00 & February 2004 Mindy August 1995; February Canter Reappointcd 2007 February 1999; Reappointed February 2003 , 2 "! . . . " . . e HERITAGE & ARTS Meg Abbott July 1999; February Resident of COMMISSION Reappointed 2007 Tiburon February 2003 Peninsula Dave Gotz May 2001; February Reappointed 2006 February 2002 Peggy August 200 I; February Bremer Reappointed 2006 February 2002 Donna Kline March 1998; February reappointed 2006 , February 2002 Diane Smith July 1999 February 2003 Patricia October 2002 February Navonne 2004 Andrea August 2000; February Morgan Reappointed 2005 February 20001 Victoria August 1992; February Arnett Reapptd. 8/96 2004 & 2/00 - Resigned September 1002 - apptd. Commissioner Emeritus JOINT RECREATION Jerry October 1992; Resident of . COMMITTEE Riessen reappointed February Tiburon February 1999; 2007 (Belvcdere & reappointed RUSD make February 2003 separate appointments) Priscilla October 1994; Tripp reappointed February February 1999; 2007 3 - reappointed " February 2003 Tara September February Sullivan 2002; 2008 Reappointed February 2004 DISASTER ADVISORY Ellen Rony 2001 No set tcrm Tib. Resident COUNCIL limit (Be Ivedere makes separate appts. ) [Vacant] BEL/TIBURON Lynn August 1997; June 2005 Resident of LIBRARY BOARD OF Wellman reappo inted [Bylaws Tiburon ; TRUSTEES Barr June 1999; changed in Belvedere has ~ reappointed Feb. 2003 to appointments June 2002; reflect 2005 & RUSD appt. RESIGNED end date] is ratified by June 2004 both Belvedere & Tiburon Councils Allan Bortel June 2000; June 2006 reappointed [Bylaws June 2003 changed to 2006] Victoria May 2001; June 2007 Fong reappointed . May 2004 Lori Bucklcy September Junc 2006 (RUSD) 2004 Mary Falk May 2004 . .June 2005 , (to fill uncompleted tcrm of 4 " . . . " , . . . Lynn Barr) MARIN COMMISSION Allan Bortel JUne 2002; (3-year Tiburon ON AGING reappointed term) resident June 2003 June 2006 TOWN I-ITSTORIAN BrdnweIl August 1999 No set term Resident Fanning , B1CYCLEI PEDESTRIAN ADVISORYCOMMITTEE Tyler Philips September No set term Resident 1999 Peter September Winkler . 1999 Ralph July 2001 Leighton Petey Stein August 2001 Jim Fraser September (PC rep.) 2001 . Jeff Slavitz 2001 (Council rep.) HILARlTA REPRESENTATIVE [Vacant] Unknown No sct limit Resident Community at large rep = Michael Heckmann TOWN TREASURER William January 1998 . No set term Resident Osher - 5 MOSQUITO Col. Roger 1994; Reapptd December Resident ABATEMENT BOARD Smith. January 1999; 2006 I Reappointed January 2003 Ad Hoc Committees & Appointments: . Town Artist Laureate - [Vacant] . Lanes & Paths Committee (Appointed December 2000) - Helen Lindquist, Leslie Lynch, Alice Fredericks (2002) . ~ommunity Partners for Library Expansion (CPLE) - Alice Fredericks (2002) . Downtown Public Art Project Subcommittee - Tom Gram/Miles Berger (2003) . Downtown Revitalization Committee - Miles Berger . MERA Alternate Site Negotiating Team - Alice Fredericks/Miles Berger . MERA Alternate Site Agreement Review - Tom Gram/Paul Smith . See also TOWN COUNCIL COMMITTEE APPOINTMENTS List 6 11 . . . e . . Town of Tiburon . . . Of T ~~/-__/~~,,! ~It'~. "Ii;: ... j~ a EE . ~':::.:~~ ~~~ I:Oii_c~'~c.. . ,,",fAT~C..:"\. , . STAFF REPORT AGENDA ITEM ~ . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . TO: Mayor and Members of the Town Council Brian M. Stott, Administrative & Financial Analyst ~. FROM: SUBJECT: Proposed Public Works Department Reorganization and Related . ;;;.::::~t . . . . . . . . . . .RE:I~~~~~:'~ MEETING DATE: . . . . . . . . . . At its November 17, 2004 meeting, the Town Council adopted the final engineer's report confirming the assessment and ordering the work to be performed for the creation of the 228- parcel Lyford Cove Utility Undergrounding District. This represents the largest undergrounding district formed in the Town to date and based on the Town's previous experience with the 85-parcel Stewart Drive Utility Undergrounding District, staff anticipates a significant increased workload. Due to the popularity and success of the Lyford Cove Utility Undergrounding District, staff anticipates the possible creation of several more districts in the near future. These include the proposed 222-parcel Del Mar Valley Utility Undergrounding District and the proposed 87-parcel Hawthorne Terrace/Pilgrim Heights Utility Undergrounding District. Each of these could be created over the next 12 months. During the Stewart Drive Undergrounding Project in 2001, Town staff absorbed the increased workload associated with the project, which proved to be burdensome. The Town also relied heavily upon John Kern, a civil engineer and property owner, who voluntarily "managed" many aspects of the project. Having an on-site coordinator proved to be critical to the project's success. During the initial formation of the Lyford Cove Utility Undergrounding District, the Town devoted an extensive amount of staff time to this effort. Taking from these experiences, Town Staff believes it would be able to provide a better level of current ongoing core services. as well as better customer service to the undergrounding district by having a dedicated in-house staff member to coordinate all aspects of the undergrounding project(s). Staff also alternatively considered hiring a contract employee to perform the undergrounding coordination work but it was determined that the quality of service would be much higher with an in-house employee. Staff recommends retaining a full-time Project Coordinator to provide overall coordination of the undergrounding project(s) with the newly created Lyford Cove Utility Undergrounding Assessment District as well as any future districts that may be formed. Currently, and in the past, this work has been divvied up primarily between the Public Works DirectorfTown Engineer, Director of Administrative Services and the Town Clerk. The Project Coordinator would assume most duties previously absorbed by Town Staff and be the Town's resident expert on all undergrounding matters from the initial inquiry to the final completion of a project. Some of the work that would be performed would include serving as the primary contact person for all undergrounding questions, liaison between the Town and'the undergrounding district(s), accounting of the finances of the district(s), as well as the overall construction management from beginning to end. The full position description is attached as Exhibit B. The proposed salary range for this position would be $4,400 to $5,500 per month. The position would be an FLSA- '\..' Town of Tiburon STAFF REPORT Exempt position and classified as Mid-management, Professional and Confidential Employee. Exhibit A reflects the Public Works Department's proposed organizational structure, In addition to the Project Coordinator, staff is also recommending increasing the Public Works Administrative Aide (Exhibit C) position from part-time to full-time. The Town's present Public Works Administrative Aide has provided her notice to leave the Town effective mid-January to return to school full-time. When the Town created the Administrative Aide position to provide support for the Town Engineer back in FY 2001/02, it was created as a part-time twenty hour per week position. As designed, the position proved inadequate to support the activities of the Public Works Department. Since this time, and with the anticipated increase in work load due to the undergrounding project(s), it is apparent that twenty hours per week is insufficient to perform all of the duties necessary for the position. ' Fiscal Impact The final engineer's report for Lyford Cove Utility Undergrounding Assessment District allows from the bond issue $180,000 in construction management and an additional $110,000 in .town administration. The $110,000 in town. administration is to reimburse the Town for the staff time spent to date with regard to all aspects of forming the district and the administrative overhead necessary to complete the project. The $180,000 in construction management is provided for all . expenses incurred after the creation of the district which includes construction management and coordination as well as the accounting of the project. The Town proposes to use the $180,000 in construction management for the creation of the new Project Coordinator position. This full-time position would cost approximately $72,000 annually in salary and benefits as well as an additional $7,000 (roughly 10%) in overhead. In the FY 2004/05 adopted budget, the Public Works Administration and Engineering Budget included funding for a part-time twenty hour per week employee at a total cost of $27,844. Converting the Administrative Aide position to a full-time thirty-five hour per week would increase the annual cost of the position to $45,290 ($17,446 increase per year) annually based on.the current benefits and salary schedule for the position. Staff is proposing to fund the Project Coordinator with monies from the bond sale of the Lyford Cove Utility Undergrounding Assessment District as well as any future districts and to fund the increased expense from converting the Administrative Aide to a full time position from the. General Fund, Budget Amendment This budget amendment would fund both positions for the balance of the 2004/05 Fiscal Year and will be brought before the Council to be fully funded for the 2005/06 Fiscal Year during ,the annual budget hearings in June 2005.' . . Since it is unlikely that the Administrative Aide position would be filled any sooner than January 2005, the budget amendment request'for the remainder of the year would be $8,828. There November 24, 2004 page 2 of 3 Town of Tiburon . STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . .. ................ ,- . . . . would only be minimal capital expenses for this position since there is already office space and all necessary office equipment. Further, 'it is unlikeiy that the Project Coordinator position would be filled sooner than February 2005, the budget amendment request for the remainder of the fiscal year would be $29,372. It is also estimated that outfitting the Project Coordinator position with various office equipmenUsupplies would be a one-time minimal cost of approximately $500 which could be absorbed in the current budget. Recommendation It is recommended that the Town Council authorize: 1. The establishment of the position of Project Coordinator; 2. The increase of the Public Works Administrative Aide from part-time to full-time; and 3. A budget amendment in the amount of $38.200. Exhibit A - Proposed Public Works Organizational Chart Exhibit B - Proposed Project Coordinator Position Description Exhibit C - Administrative Aide Position Description . e November 24, 2004 page 3 of 3 t ro ..c. en () ~ ~ - 0 ro S c 0 U +-' .- ro ..c N ::J .- C a.. ro 0) ~ 0 - EXHIBIT NO.A.. ~ u <c ~ > ~ 1ii 'c E u <( Q; -/' ~ ~ e- ro e ~ C - 'm e 0 ;;; 0 - ~ 'Iii .....:ii~ ';; e u 0 is '*:i55: 'jij c.!:! ~ ~.~ :g '" ~ ro g-a. Q; e. w '" ~ ~ e- ro e " C 'm .!:! ;;; :E c: '0 , " ~ ~ ~ ~ D.. 0 CI> o-/' - I- CI> U 0 0 - .5 ~s: ~ III Cl o u 0 '" c: ~:E - ~ w ~ ~ " 0 :ire. CI> 5: ~ 0 i5 Q; '" ~ ~ e- ro e ~ C c m 0 ;;; 'Iii e .;; ro is E ~ l!l " ~ "- e Q; iil -/' 0 s: L e- ro e ~ C 'm ;;; ~ '" 0 c ;; 'C e e e 'C ~:J.5! " :: 2 .~ 0 :5 ~.~ u ,,0 1:5 '0 " c "0 " ii. . . . EXHIBITNO. e TOWN OF TIBURON DECEMBER 2004 . PROJECT COORDINATOR DEFINITION Under direction, performs a variety of sub-professional engineering and construction management tasks; and does related work as required. DISTINGUISHING CHARACT ARISTICS Under direction, this classification performs complex professional, analytical and administrative support activities for the Town including comprehension and sensitive special projects and studies. Functions common to the position include a number of specialty areas including utility undergrounding, plan checking, encroachment permit review, public works construction inspection and miscellaneous engineering administration tasks. SUPERVISION RECEIVED & EXERCISED . Direction is provided by the Director of Public Works/Town Engineer. Assignments may require director indirect supervision of office and support services personnel. EXAMPLES OF ESSENTIAL JOB FUNCTIONS/DUTIES Essential Duties: The following duties are considered essential for this job classification: . Serves as the primary liaison between Town and utility undergrounding districts . Handles citizen and contractor inquiries and provides information on departmental and Town operations/policies . Answers questions and provides information to the public; investigates complaints and recommends corrective action as necessary; resolves complaints concerning the Town's capital projects activities . Coordinates the work of engineering and design consultants; reviews plans and specifications; monitors work schedules and costs . Coordinates with design engineer and construction inspectors, maintains accurate records and responds to public inquiries . . Checks plans for compliance with pertinent public works construction standards and relative consistency with existing Town records .', TOWN OF TIBURON Project Coordinator (Continued) · Processes permit applications for work in the public right-of-way including a review . for adequacy and permit issuance Page 2 · Performs drafting and makes revisions to Town Geographic Information Systems (GIS) maps and other records to reflect changes in the Town's system of public works and property development or divisions · Performs engineering design work and prepares plans, specifications and cost estimates on minor Town construction projects · Prepares notices inviting bids on projects, analyzes bids and makes recommendations on bid acceptance · Sets up and attends pre-construction conferences and coordinates work processes associated with project construction · I ndependently conducts research and prepares reports on a variety of departmental concerns or problems · Independently conducts in-field inspections of construction activity or problems which relate to the Town's system of public works, including streets, drainage facilities and park facilities . · Consults with contractors and private parties on issues related to construction projects and work in progress · Provides information on Town codes, regulations, standards and requirements as relates' to construction within the Town to developers, engineers, contractors and the general public . Prepares grant applications on behalf of the Town and monitors grant implementation Additional Duties: In addition to the duties listed in the essential duties section, employees in this classification may perform the following duties: · Provides staff assistance to a variety of boards, commissions and neighborhood committees . Represents the Town in community and professional meetings as required . Performs related duties as assigned . '" . . . TOWN OF TIBURON Project Coordinator (Continued) Page 3 QUALlFICA nONS. The majority of the employee's contacts are with people who have an interest in land development and/or construction within the Town, particularly utility undergrounding. With respect to construction inspection activities, the employee normally is functioning as a compliance agent for the Town and may encounter some opposition requiring considerable . tact and persuasive ability. KnowledQe of: . Basic construction inspection, drafting, land survey, or construction project design and coordination . .Engineering design and construction project coordination techniques . Working knowledge of the materials, methods and techniques employed in public works construction . Working knowledge of civil engineering principles and practices . Familiarity with Geographic Information Systems (GIS) such as AutoCAD and/or ArcView . Basic report writing skills; basic techniques of public relations; English, spelling and proper grammar, modern office methods, procedure~ equipment and computers including various Microsoft (Word, Excel) programs Abilitv to: . Establish and maintain effective working relationships with those contacted in the course of work. . Deal courteously and effectively with land developers, engineers, contractors and the general public . Understand and execute oral and written instructions . Write clear ~nd concise memos, reports and letters; ability to determine the compliance of engineering plans and specifications with Tow!) standards, codes and general requirements . Communicate clearly and concisely, both orally and in writing . Interpret and apply pertinent laws, codes, rules and regulations " . TOWN OF TIBURON Project Coordinator (Continued) . Express complex technical matters related to civil engineering and right-of-way . problems in layman's terms Page 4 . Read and understand laws, ordinances, policies, rules and instructions . Read and interpret blue prints and technical specifications accurately . Analyze situations and adopt an effective course of action . Analyze and compile technical and statistical information and prepare reports EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities Education: Educational achievement equivalent to graduation from high school preferably with supplemental courses in drafting, mathematics, GIS and civil engineering desirable. Experience: . Considerable experience in sub-professional public works/engineering tasks which included plan checking, construction inspection or engineering design is required. Two years of full-time work involving public contact is strongly desired. License: A valid California Driver's License and satisfactory driving record. Physical Demands The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Mobility to work in a standard office setting and utilize standard office equipment including a computer; vision to read printed matter; hearing and speech to converse in person and over the telephone. While performing the duties of this job, the employee is frequently required to walk, sit and talk or hear. The employee is occasionally required to use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. . FLSA Status: Exempt . e TOWN OF TIBURON ~ EXHIBIT NO. FEBRUARY 2003 ADMINISTRATIVE AIDE DEFINITION To perform and respond to the administrative needs of the Public Works Department and provide the first point of public contact and customer service in a friendly and courteous manner. SUPERVISION RECEIVED Primary direction is provided by the Director of Public Works/ Town Engineer. Secondary direction may also be provided on occasion by the Deputy Director of Public Works. EXAMPLES OF ESSENTIAL JOB FUNCTIONS/DUTIES . Provide information at the counter, by telephone and through correspondence in response to routine questions regarding Public Works and Town Policies, Procedures and Ordinances pertaining to Public Works activities. . Oversee the encroachment permitting process and maintain accurate files and records pertaining to the permits. Coordinate permit application routing and follow-up with department staff. . Ability to utilize basic Geographic Information Syst,em (GIS) capabilities for task such as mailing label creation and general information queries. · Independently draft letters and correspondence for the Public Works Department. · Provide clerical support and other assistance as needed by the Director of Public Works/Town Engineer, including preparation and dissemination of meeting minutes, agenda packets and department policy information. . Understand and answer questions from the general public regarding Assessor's Parcel maps, Flood Zone map, topographical and parks maps. . Research current and archival files to obtain information as needed. . Maintain routine files including confidential material. . Manage phone calls for the Public Works Director/Town Engineer . Record and transcribe minutes for various committee meetings. . . Other duties as assigned by the Director of Public Works/Town Engineer. . .' TOWN OF TIBURON Administrative Aide (Cantinued) Page 2 QUALIFICATIONS . KnowledQe of: Filing systems; Public Warks aperatians and procedures; Microsaft Office applicatians; persanal camputers and madem .office practices. Abilitv to: . Cammunicate clearly and cancisely, orally and in writing, and ta carry aut written and .oral instructians. . Manage several projects simultaneausly with attentian ta accuracy and detail. . Recognizecamplex situatians and make appropriate referrals ta department prafessianals. . Perfarm wark with minimal supervisian · Maintain friendly and caaperative working relatianships with elected .officials, Tawn emplayees and the public. . . Operate a camputer system. Experience and Education: Any cambinatian equivalent ta experience and educatian that cauld likely provide the required knawledge and abilities wauld be qualifying. A typical way ta .obtain the knawledge and abilities wauld be: Experience: One year .of full time clerical .office experience preferably in anather gavemment entity with experience in a Public Warks Department. Education: Graduatian from high schaal .or equivalent, is required. . e e . TOWN OF TIBURON Administrative Aide (Continued) Page 3 Phvsical Demands The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Mobility to work in a standard office setting and utilize standard office equipment including a computer; vision to read printed matter; hearing and speech to converse in person and over the telephone. While performing the duties of this job, the employee is frequently required to walk, sit and talk or hear. The employee is occasionally required .to use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. ~ e . . Town of Tiburon STAFF REPORT , I // '''''- AGENDA ITEM r . . . . . . . . . . . . . . . . TO: Mayor and Members of the Town Council I' Heidi Bigall, Director of Administrative Services ~ FROM: SUBJECT: Request for Budget Amendment - Purchase and Installation of Photovoltaic Panels - Town Hall Building ~ December 1, 2004 REVIEWEDBY:~ MEETING DATE: At the regular Town Council meeting of October 6, 2004, Council received a presentation by the Town Engineer and representatives of Cooperative Community Energy regarding the installation of a 23 kilowatt photovoltaic system on Tiburon Town Hall. Council approved the project and directed staff to return with a funding plan for the project. The total cost of the project, including installation, is estimated at $182,839. This price will be reduced by rebates of $69,609 from the State of California, for a net cost to the Town of $113,230. In order to receive the maximum rebate available, the Town must enter into a purchase agreement for the equipment portion of the project no later than December 31, 2004. If the equipment is ordered after that date the amount of rebate to the Town would decrease by $4,500. The Town Engineer has advised that the design plan for the project will not be impacted by the equipment order. The final design will be submitted to the Council for approval in the New Year. Funding for this project was not approved in the adopted 2004-05 Municipal Budget. There are adequate reserves in the Infrastructure and Facilities Fund to absorb the equipment and installation costs. Recommendation It is recommended that the Town Council authorize the Town Manager to execute the exhibit purchase agreement between the Town of Tiburon and Cooperative Community Energy for the photovoltaic equipment for Town Hall in the amount of $76,690.57. It is further recommended that the Town Council approve a budget amendment in the amount of $113,230 for the equipment and installation costs to be funded by the General Fund Infrastnucture and Facility Reserve. Attachment ., . . . U,>,..., !'Rr' ~ (ni".' ", " &TI ,'~ Y""I" '( , "" Cooperative Community Energy Purchase Agreement Isslle Date: November 12,2004 Rated System Output: 22431 AC Watts Retailer Name & Address Purchaser's Name and Address ofInstallation Chris Neider Town ofTiburol1 Cooperative Community Energy Corporatiol 1505 Tihuron Blvd 534 Fourth Street, Suite C Tiburon, CA. 94920 San Rafael. California, 94901 Mailin~ Address (if different) Voice: (415)457-0215 Fax: (415) 457-0216 chrisn@ccenergy.con ,. Quantity Description of Equipment Unit Price Total Price Inverter manufacturer and model number Efficiency Rating 4 SMA America SB 6000U 95% $4,367.09 $17,468.35 1 SMA America SWR 2500U 208 94% $2,161.84 $2,161.84 Module manufacturer and model number Rated Output 158 Kyocera KC167G 149.6 DC watts $590.49 . $93,296.64 Balance of svstem components le.o. mountina racks, disconnect switchesl $16,340.79 InelTOible svstem components leo. batteries and related comoonents\ $0.00 Other eligible svstem costs (eg. permits, fees, shipping) $5,344.04 Taxable Costs $129,267.62 System performance meter is SMA America, SWR LCD Marin County Sales Tax $9,37190 Total Equipment Cost $143,983.57 Other Incentives Rebate Requested $0.00 $67.293.00 Net Equipment Cost {CCEnergy receives rebate) I $76,690.571 Pavment Terms $13,000.00 Deposit due at project initiation $63,690.57 Balance. due when equipment is ordered This purchase agreement between Cooperative Community Energy Corporation and the Purchaser is subject \0 standan..1 purchase conditions listed on page 2 of this agreement. Member Initials: " Accepted and Agreed CCEnergy Date: 11/12/2004 Purchaser Date: NOTE: The cost of installation and construction services is not governed by this agreement. A separate, independcnt agrcemcnt between the Member/Purchaser and contractor will govern the installation labor. CCEnergy 534 Fourth Stred, Suite C, San Rafael, Cj\ ~4<)01 (415) 457-0215 , '\ Purchase Agreement Terms and Conditions 1. DEPOSIT' Deposit SCCUll;:S CCEnergy assistance willi huilding pcnnit upplicatioll. fC!1;j'C reservatiull, Utility Net-metering Agreement and selection of contraclnrf'lIrinslaJiatioll. 2. BALANCE or PAYMENT FOR EQUIPMENT AND OTHER ELlGlDLE COSTS: The balance of pay men 1 for equipment and other eligible cl)Sl~ will he due when Member's building pemlit for installation is .Ipproved. A linal CCEnergy invoice will he provided to the Member when balam:c is due. All p;lymcnls will be made willlin ]0 days after hilling. Equipment order will he placed wheTI halallcc is received. To discontinue the insL11latioll process and obtain a refund un depusit, prior 10 the ordering of equipmellt. the Member will fhrli:itan adlllinistrationfeeeqllalto 10% of the ueposit. . 11. I'ERMISSIALE DELAYS. CCEnergy slmll he exeuseu from any deby in the (;olllpletion of the work to be perfom1ed under this Contract eilused by acts of Got!, illc!ement weather, acts or omissions ofMemher or of Memher's agents, employee: or independent e()n{rJc(or~', lImleria) shortages. strikc~ or othcr labor troubles, :Il:ts ofpuhlic utilities, acts ofpuhlie hodies or in~pcelOrs (unless rclated to dc'C"L, in CCEnergy'sperf"orm:lllce), extra wmk, changes requcsted hy Member, fllilure hy Memher to make payments promptly, or other eirculllstallce~ or conLingencies unforeseen by CCEnergy lInd heyond CCEncq~y's reasonable control. 12. EXTRA WORK. IfMemher or his agent~ or allY puhlic hody or illspeelor directs any lllodification or additiouto the work covered hy this Purchase Agreement. the I'nn.:hase Agreemel1tPril:e allll time ofperfonnam:e sh:.lIl he ildjusted. CCEnert~y shalllHlt he required tn pcrform any cxtra 01' eh;Juge-(mJcr J. HUYDClWN I'ROCiRAM: CCEnergy or MCl11herllmy nullify this agreement if work without prior wriltcn iluthnrization of Memher. thc C;Jlif<lmi;J Encrgy Commission makes any change 10 Ihe l1nydowll Program that will havc lI111uterial ef"feet on lhe Member's total cost for thc rellcw;Jhle cnergysystel11 descrihed ill this agreement. 4. COOPERATIVE COMMUNlTY ENEIUW CORPORA nON (CCENliRUY) rlECLARA"t"lON. CCEnergy is a eooJlerative ellTJJOration Jlroviding services to Members including n.:tail sales mId administrative services. CCEnergy is not a Contmc1o!. All references made to instal1ati01\ Contractors or any othel Contractor in this Purchase Agrecnll:nt 01' allY other documelll signcd by the Memher rcfcr to a Calif<lmilllicellsed Contrllctor that is hired independent of CCEncrgy. 5. CCENERGY MEMDERSHlP REQUIREMENT. Purchllser signing this lIgreement attcsLs tlllIt she/he is 1I current Mcmher of Coop em live CO!1llllunity Energy "tile en-or". ]3. ATTORNEY'S FEES. III the even! any lIThitratiou or any action;Jt law or in equity slmll bc brought Oil account of allY breach of this Purchase Agreement, llrtq enforce orinterprct anyorthe provisiollsof'tllis PUl'chaseAgreelllent, the prevailing party shall bcentilled !(I recoverfro111 the olher p:Jny its reasollahle attonley's fees, which slmll he fixed by the tribllnal or conn ,LlId he made;J part of auy awardorjntlgmelll rendered. ]4. CONTRACTORS IIIRED HY MEMBER ]U~QtIIRED TO BE LICENSED. Unless Member intends to per1<mn illstal!;Jtioll as an OWllerlHuilder, the Membet will hire a licensed Contrador to perfOnllthe instllll;Jtion. CCEnergy Illay assist memher wilh the selection of 11 Crllltractor to pert'onn instnllation. COlllmctors arc required by law to be licensed alld regulatcd hy Ihe Contraclor.,' State ].ieense Board which has jurisdiction to investigate conlpl;Ji1IL" against 6.1JESCRIl'TlON OF MATERIALS AND EQUIPMENT. The materials ;Jlld contractors if a complaint rcg;Jrding a patent aclllrollllssiun b filet! withill four equipment to he used ill tllc rOllstructioll orthe Memb~1"'s installation projCt:t will years of the date of tile alleged violatioll. A complaint regarding a latent act or be more fully descrihed in the specifications prepared by Member'.s designer who omissioll pert;Jining to strm:tllT<lI defects must he filed within 10 years of the dale may also be Member's Contractor. CCEnergy will obtain copies of all ]]nlll plum of the alleged violation. Any qucstions concerning;J contractor may be~crcrred to and other documents dcseribing the Memher's installation project for the purpose the Rcgistrar, Contractors' Stale License Hoard, \'.0. Box 26000, SacT3mcnto. ofracililalillg the Memher's installation. Califomia 95X26. . 7. DUYDOWN I'!WGRAM _ REFUND TO MEMOER. CCEncrgy will receive ] 5. COMP1.ETE A<lREEMENT This Purchase Agreemcnt constitutes tile cntire any incentive llW;Jrd from the State Buydownl'rogram as the Retailer for Memher ngreeHlent bctweclllhe palties. There lire no other agreements, oral or wril1ell, purchases. A refund check Iro111 CCEllergy will he mailed to the Member within pertaining to the work to he performed under this Purchase Agreement. This :; business days after the Buydnwn Prognlm incentive award is depositcd into Purchasc Agreement cnn he modified only by an agreement in wri,ing signed hy CCEnergy's hank of record. The amollnt uf"refund due member wl1l be equal to the panics. the amount of the Buydown Program incentive aW;Jrd received 11Y CCEnergy from the SI;Jte less any taxes or fees lawfully ,lssesscd. 1(>, MEMHE]{'S 1~]CiHT or CANCELLATION. Memher I\lay cancel this tr;lus;Jction at any time prior to midnight ufthe third business day after the 1.btc t\. STA!{"I' OF WORK. TIle WOl'k to bc performed undcr this Clllltfat:tshllll begin 1his Purchase Agrcement W;JS signed, without penalty or forfeiture of any reI's. OIl the dute thatthi,'i CCEnergy Purchase Agreemcn1 is signed as long as deposil is paid and Memher has satisfied CCEllergy's rcquestto provide proof that McmbcrJlasavailahlefundsfllrtlieb;J!;Jnccofp:lymenl. 17. MEMBER D]SCONTINUES CONTRACT. The contrdcl hetween thc Contractor ilnd Member will govel'1l the consequellces of either lhe Memher's 01' the Contractor's inability tn fullilltheireontracl. Ifa Member seeks to retunt <). PERMITS AND AUDITS, Unless otherwise agrced in writing by the panies, equipment ;Jt'ter it has becn purchased t"or jh~ Mcmhcr hy the Co.or, thcn the Memher shDlI he respollsible for tile cosl ol'al1 penuits required for the Project. Member will pay f<lr ullrestocking and ;Jdministratioll rees associated v.'ith such a Member .,hall ;Jlso he respllnsiblc for the cost of any audits or Inspectioll of the retulll. CCEllergy docs not guarantee that equipment c:m he n::tumed Ollce it lias Project which may he required hy Lhe plans and specifications or hy the orders of hcen ordered 1(lr lhe Memher. CCEnergy will take reason:101e actiout(l help the any public authority Iwvingjurisdicti()ll over the Proje<.:t. Memher hy ;Jttempting to return equipmcllt. 10. CCENER(iY RIGIIT"I'O STOP WORK, CCEnergy shall h:rve the right to StllP work if any Memhcr paymcnl, including allY ]layment for ext1a work. is nut made to CCEncrgy as agreed in this Purchase Agreement. IfaTlY Member payment required under this Purchase Agrecment is lIot received when duc, CCEllergy llIay keep the Project idle unlil such time as all paYlllellL, due have been received. 18. ACKNOWLEDGMENT. Memher ackllowlcdgcs receipt of a colllplele and legih]e copy of this Purchase Agreemcnt hy signing in the spacc provided 011 cover ]l;Jgc ()fl'urchaseAgreelllent. . CCEncrgy 5.'14 FOllrrh Street, Suire C, San Habel, Cl\ 1)4901 ('115) 457-0215 j'" / .,// /' Coun'cil heard a bricf presentation by rcpresentatives of CCE and discussed issues of design, costs and rcbatc programs. Mayor Frcdericks commented that although the pancls wcre not "beautiful." it was not a rcason not to install thcm. Chris Neider, CCE Ficid Representativc, said that unlike othcr projects undertaken by the Town, this project would actually "put money in thc Town's pocket" Councilmembers Slavitz and Gram expressed discomfort at the long "pay pack" period before costs were actually recouped; CCE rcprcscntatives said that witb rising energy costs there rcally was no good alternative. Thcy also said the projcctions presented werc "conservative" estimates, in thcir opinion. In a discussion of warranty and maintenancc, Dan Pelligrini, CCE President, said that the panels had a 25-year warranty but would last for 40 years, and that they would need to be cicancd on a regular basis, which required leaving an 8-inch space along the rooflinc lor someone to walk. Vice Mayor Bcrger said it would bc visually preferable to have the panels comc to the edge ofthc rooflinc but hc understood the reason for leaving a ,space. . Councilmcmber Slavitz said that it would be nice to see cxamples of other installations. Councilmember Gram askcd if any other public agencies in Marin County had similar installations and were told that they did not Dircctor Echols referred to an exhibit to the StalTreport which listed othcr public agencies thrcughout the statc that had installed solar systems on public buildings. Mayor Fredericks opened the public hearing. John Kern, Stcwart Drive, and Helen Lindqvist, Cazadero Lanc, rcferenced other solar systems in Town, such as the Romberg Center, and asked somc additional questions. , Mayor Fredericks closed thc public hearing. MOTION: To procecd with thc design drawings for a 23Kilowatt Solar Panel SystCll1 for Town Hal! (for final approval by Council) and to authorizc funding fc.lr such proj cct Berger, secondcd by Smith AYES: Unanimous Moved: Vote: ./ / / . c'/ Town Council Minules # 19-2004 October 6. 2004 Page 9 e Town of Tiburon STAFF REPORT AGENDA ITEM C;' . .. . . . .. . .. . . ... . . . . . . . . ... . .. . . . . FROM: Mayor and Members of the Town Council Heidi Bigall, Director of Administrative Services ..)J TO: SUBJECT: Monthly Investment Summary -. ~ct~,~er 2004 ~ MEETING DATE: December 1, 2004 ]',t'f!cv'IED BY:_~ . . . . . . . . . . . . .. . . . . . . . . . . . . . , . TOWN OF TIBURON Institution/Agency Investment Amount Interest Rate Maturity State of California Local Agency $9,054,227.97 1.89% Liquid Investment Fund (LAIF) Bank of America Other $100,000.00 1.75% May 2005 Total Invested: $9,154,227.97 . TIBURON REDEVELOPMENT AGENCY Institution/Agency Investment Amount Interest Rate Maturity State of California Local Agency $914,778.59 1.89% Liquid Investment Fund (LAIF) Bank of America Other $0 Total Invested: $914,778.59 Notes to Table Information: State of California Local Agency Investment Fund (LAIF): The interest rate represents the effective yield for the month referenced above. The State of California generally distributes investment data reports in the third week following the month ended. Acknowledgment: This summary report accurately reflects all pooled investments of the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity with State laws and the Investment Policy adopted by the Town Council. The investment program herein summarized provides sufficient cash flow liquidity to meet . next month's estimated expenditures. . Town of Tiburon STAFF REPORT AGENDA ITEM (; . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . SUBJECT: Mayor & Members of the Town Council He.idi Sigal!, Director of Administrative Services f:J- Approval of the Memorandum of Understanding between the Town of Tiburon and the Tiburon Police Association (TPA) TO: FROM: MEETING DATE: December 1, 2004 REVIEWED BY: . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . Staff recently concluded labor contract negotiations with the Tiburon Police Association (TPA) bargaining unit which comprises thirteen sworn positions including the ranks of police sergeant and police officer, as well as two full-time and one part-time police service aide positions. It is now appropriate for the Town Council to approve the Memorandum of Understanding between the Town and TPA for the period December 1, 2004 through June 30, 2007. The salary and benefit package agreed upon between the parties is outlined in the attached memorandum of understanding. Salary and benefit increases are within the parameters authorized by the Town Council in February 2004. . Recommendation Staff recommends the Town Council approve the Memorandum of Understanding between the Town and the Tiburon Police Association and authorize the Town Manager to execute the Agreement. Attachment . . . e MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF TIBURON AND THE TIBURON POLICE ASSOCIATION PREAMBLE This Memorandum of Understanding is entered into pursuant to the Meyers-Milias- Brown Act, by and between the Town of Tiburon and the Tiburon Police Association the 1 st day of December 2004. The parties have met and conferred in good faith regarding wages, hours, and . other items and conditions of employment of the employees in the Tiburon Police Department and have exchanged freely information, opinions, and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and Employer-Employee relations of such employees. This Memorandum of Understanding shall be presented to the Town Council as the joint recommendation of the undersigned for salaries, fringe benefits, and working conditions of all employees. This Memorandum of Understanding and following agreements shall not become effective until approved by the Tiburon Town Council and Tiburon Police Association. Section 1. Recoanition 1.1 ,Association Recoanition The Town recognizes the Association as the majority representative of the sworn and non-swom employees of the Tiburon Police Department, excluding the classifications of Chief of Police, Police Lieutenant, Secretary and Police Officer Trainee. The category of sworn police personnel represented by the Association includes. the classifications of sergeant and patrol officer. All other police personnel represented by the Association are considered non-swom. 1.2 Dues Deduction The Town shall, in a payroll deduction made twice each month, deduct the amount of Association dues or fees as specified by the Association and authorized by each affected employee in accordance with rules and regulations to implement the Employer-Employee relations ordinance. Said deductions are to be made without fee charged to the Association. The Association agrees to hold the Town harmless from any liability arising from such deduction. 1 Section 2. Association Represented Emplovee Riahts 2.1 The Association has the right to represent its members before the Town Councilor advisory boards or commission or the Town Manager or his/her designee with regard to wages, hours, and working conditions or other matters within the scope of representation. 2.2 The Association has the right to be given reasonable written notice of any proposed ordinance, rule, resolution, or regulation, or amendment thereto, relating to matters within the scope of representation. . 2.3 The Association has the right to reasonable access to employee work locations for officers of the Association and the officially designated representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the Department, Town or established safety or security requirements. 2.4 Employees represented by the Association shall be free to participate in Association activities without interference, intimidation, or discrimination, in accordance with State law and Town policies, rules, and regulations. Section 3. Manaaement Riahts Except as otherwise provided in this Agreement, the rights of the Town include, but are not limited to, the exclusive right to determine the mission of its, constituent department, commission, and boards; set standards of service; determine the procedures and standards of selection for employment and promotions; direct its . employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operation; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work, including contracting for specified services. The Town maintains the right to use qualified volunteers or reserves in the Police Department service, provided such use does not adversely affect wages, hours, and other terms and conditions of employment. Use of said individuals shall be in accordance with State law and Police Department regulations. Nothing contained within this Section is intended to, in any way, supersede or infringe upon the rights of the recognized employee organization as provided under State and Federal law, including, but not limited to, California State Government Code Sections 3500 through 3510, inclusive. Section 4. No Discrimination There shall be no discrimination because of race, creed, color, national origin, sex, or legitimate Association activities against any employee or applicant for employment by the Town or by the Department or by anyone employed by the Department; and to the extent prohibited by applicable State and Federal law, . 2 . there shall be no discrimination because of age. There shall be no discrimination against any handicapped person solely because of such handicap unless that handicap prevents the person from meeting the minimum standards established. Section 5. Scope of Aareement 5.1 Term: This Agreement shall be in effect from December 1 2004 through June 30, 2007. 5.2 Procedure for Meet and Confer: The Town, through its representatives, shall meet and confer in good faith with representatives of the Association regarding matters within the scope of. representation, including wages, hours, and other terms and conditions of employment, in accordance with the provisions of the Meyers-Milias-Brown Act. The Tiburon Police Association shall submit their next contract proposal changes to the Town Manager by no later than March 1, 2007. The Town shall commence contract negotiations no later than 45 days following receipt of contract proposal. Section 6. Cafeteria Benefits Plan . (a) Effective January 1, 2005, the Town agrees to pay the cost of group dental, life, long term disability insurance and a medical and hospital insurance program coverage of up to Seven Hundred Fifty Dollars ($750.00) per month per regular full-time employee. If the full sum specified is not used for the group insurance cost of a given employee, the difference, not to exceed One Hundred Dollars ($100.00) per month, shall be credited and paid to the employee during each payroll, or upon termination. Any part-time employee shall receive a pro-rated amount of this monthly allowance based on their full-time equivalence. (b) Effective January 1,2006, the Town agrees to pay the cost of group dental, life, long term disability insurance and a medical and hospital insurance program coverage of up to Eight Hundred Dollars ($800.00) per month per regular full-time employee. If the full sum specified is not used for the group insurance cost of a given. employee, the difference, not to exceed One Hundred Twenty Five Dollars ($125.00) per month, shall be credited and paid to the employee during each payroll, or upon termination. Any part-time employee shall receive a pro-rated amount of this monthly allowance based on their full-time equivalence. (c) Effective January 1, 2007, the Town agrees to pay the cost of group dental, life, long term disability insurance and a medical and hospital insurance program coverage of up to Eight Hundred Twenty Five Dollars ($825.00) per month per regular full-time employee. If the full sum specified is not used for the group insurance cost of a given employee, the difference, not to exceed One Hundred Fifty Dollars ($150.00) per month, shall be credited and paid to the employee during each payroll, or upon termination. Any part-time employee shall receive a pro-rated amount of this monthly allowance based on their full-time equivalence. 6.1 Medical/Hospital Insurance: The Town of Tiburon offers its employees and their dependents medical/hospital insurance coverage. A full-time employee may choose a plan from those offered e 3 through the Public Employees Retirement System (PERS) Health Benefit plans. If the full sum specified in Section 6. (a), (b), and (c) above is exceeded for group insurance cost of a given employee and dependents, then that employee shall pay . the balance of the monthly cost via a special twice per month payroll deduction for all full-time employees and their dependents. Such insurance is mandatory for all full-time employees. 6.2 Dental Insurance: The'Town of Tiburon offers its full-time employees and their dependents a dental plan. Such insurance is mandatory for all full-time employees. 6.3 Life Insurance: The Town of Tiburon offers a Fifteen Thousand Dollar ($15,000) life insurance policy. Such insurance is mandatory for all full-time employees. 6.4 Disabilitv Insurance: The Town of Tiburon offers its full-time employees long term disability insurance. Such insurance is mandatory for employees in the sergeant and patrol officer classification and optional for all others. , 6.5 Chanae in Emolovee Benefit Plans: From time to time, at its option, the Town intends to evaluate the hospital-medical, dental, life, and long~term disability insurance plans currently available to employees to determine if similar or better coverage may be available at a lower cost to the Town. The Town may substitute new insurance carriers or arrange for . self-insurance provided that the overall coverage is equal to or superior to the present coverage and provided that the Town meets with the Association to consult on any new plan before it is implemented. Section 7. Retirement Proaram 7.1 Scooe of Benefits: The Town of Tiburon provides the 3% @ Age 55 Cal-PERS Local Safety retirement formula for swom personnel, and the 2% @ Age 55 Local Miscellaneous retirement formula for full-time non-swom personnel covered under this Memorandum of Understanding. Part-time employees covered under this Memorandum of Understanding shall accrue retirement benefits under the Town's part-time, seasonal, temporary employee retirement plan administered by the Hartford Life Insurance Company. The Town contributes its employer required amount of retirement benefit as stipulated each year by Cal-PERS as well as nine percent (9%) of all full-time Local Safety employee's monthly retirement contribution, and (7%) of all full-time Local Miscellaneous employee's monthly retirement contributions. Part-time employees contribute 3.75% to the part-time, seasonal, temporary retirement plan, with the Town providing a matching contribution. . 4 . . . The Town of Tiburon provides swom employees retirement benefits based on the Cal-PERS three (3) year average salary calculation. The Town provides the single highest year retirement calculation for Local Miscellaneous Members covered under this Memorandum. The Town of Tiburon provides the following additional Cal-PERS benefits to employees covered under this Memorandum of Understanding: 1. 1959 Survivors Benefits 2. Death Benefits - $600 3. Unused Sick Leave Service Credit 7.2 Paid Medical at Retirement For full time employees hired into Association represented classifications prior to September 19, 2001, the Town of Tiburon will contribute toward a retired employee's medical insurance plan based on the following conditions: 1. The employee must retire directly from employment with the Town of Tiburon and apply to PERS for service retirement benefits. 2. The retiree's medical allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. The allowance will be remitted monthly from the Town to the retiree. Should Kaiser no longer, be provided through the Town's cafeteria program, a similar low-cost HMO provided will be substituted. 3. The Town contribution rate is based on the following formula: A. After 15 years service to the Town of Tiburon, the employee/retiree will receive 50% of the value of the Kaiser single rate. B. After 20 years service to the Town of Tiburon, the employee/retiree will receive 75% of the value of the Kaiser single rate. C. After 25 years service to the Town of Tiburon, the employee/retiree will receive 100% of the value of the Kaiser single rate. For full time employees hired into Association represented classifications after September 19, 2001, the Town of Tiburon will contribute toward a retired employee's medical insurance plan, based on the following conditions: 1 The employee must retire directly from employment with the Town of Tiburon and apply to PERS for service retirement benefits. 2. The retiree's medical allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. The allowance will be remitted monthly from the Town to the retiree. Should Kaiser no longer be provided through the Town's cafeteria program, a similar low-cost HMO provided will be substituted. 5 3. The Town contribution rate is based on the following formula: A. After 15 years service to the Town of Tiburon and the accrual of 720 hours . sick leave, the employee/retiree will receive 50% of the value of the Kaiser single rate. B. After 20 years service to the Town of Tiburon and the accrual of 960 hours of sick leave, the employee/retiree will receive 75% of the value of the Kaiser single rate. C. After 25 years service to the Town of Tiburon and the accrual of 1200 hours of sick leave, the employee/retiree ,will receive 100% of the value of the Kaiser single rate. Section 8. Holidavs 8.1 In accordance with Government Code and the Town Personnel Rules and Regulations, sworn personnel of the Town shall observe the following holidays on the dates indicated below: HOLIDAY Independence Day Labor Day Admissions Day Columbus Day Veterans Day Thanksgiving Christmas New Year's Day Martin Luther King Day Lincoln's Birthday President's Day Memorial Day DATE OBSERVED July 4 1 st Monday in September September 9 2nd Monday in October November 11 4th Thursday in November December 25 January 1 3rd Monday in January February 12 3rd Monday in February Last Monday in May . In accordance with Government Code and the Town Personnel Rules and Regulations, non-sworn personnel covered under this' Memorandum of Understanding shall observe the following holidays indicated below: HOLlDA Y Independence Day Labor Day Veteran's Day Thanksgiving Day After Thanksgiving Christmas Eve Christmas New Year's Eve New Year's Day Martin Luther King Day President's Day DATE OBSERVED July4 1 st Monday in September November 11 4th Thursday in November 4th Friday in November December 24 December 25 December 31 January 1 3rd Monday in January 3rd Monday in February . 6 Memorial Day Last Monday in May 8.3' Payment for holidays to sworn personnel shall be made, at the employee's option, as either eight (8) hours additional salary included in the pay period during which the holiday falls or eight (8) hours additional vacation shall be added to the employee's vacation accrual. 8.4 The position of Police Service Aide will receive the Holiday off and not the Holiday pay. Section 9. Sick Leave . Sick leave shall not be considered as a right which an employee may use at his/her discretion, but shall be allowed only in the case of necessity or actual sickness or disability, and in the case of disability other than sickness, only where such disability occurred while the employee was not gainfully employed elsewhere. 9.1 Use of Sick Leave: 1. 2. 3. . 4. 5. Sick leave may be taken for absences from duty made necessary by: Personal illness, caused by factors over which the employee has no reasonable immediate control. Injury not incurred in line of duty, except where traceable to employment other than the Town. . Medical, dental or eye examination or treatment for which appointment cannot be made outside of working hours. Death of a close relation as defined in the Town's Personnel Rules & Regulations. Hospitalization of a close relation as defined in the Town's Personnel Rules & Regulations or any member of the employee's household, where the Chief of Police or his/her designee approves such leave. \ 6. Care of a close relation as defined in the Town's Personnel Rules & Regulations, or any member of the employee's household who is ill or injured, though not hospitalized, where the Chief of Police or his/her designee approves such leave. 9.2 Sick Leave Accumulation: . Sick leave with pay shall be granted to all full-time employees who have served six (6) months, except as hereinafter provided. An employee shall accumulate eight (8) hours sick leave per month from date of hire until terminated or on leave without pay. Employees hired on a part-time basis shall accrue a pro-rated share of sick leave based on their full-time equivalent. Employees who are absent without pay for any reason more than ten (10) working days during a calendar month, shall not accumulate sick leave for that month. 7 9.3 Holidavs Durina Sick Leave: Holidays ana regular days off occurring while an employee is on sick or special . leave shall not be charged against such employee's sick leave credits. 9.4 Pavment for Unused Sick Leave: For each full-time classification represented by the Tiburon Police Association and hired prior to September 19, 2001, an employee may receive payment of fifty percent (50%) of the value of their unused sick leave up to a maximum of 480 hours if the following conditions are met: 1. The employee files for service retirement from the Town, or 2. The employee voluntarily separates from the Town and has at least fifteen (15) years service with the Town. For each full-time classification represented by the Tiburon Police Association and hired after September 19, 2001, an employee may accrue unlimited sick leave with no option for payment of unused sick leave upon retirement or separation of employment with the Town. 9.5 Termination of Sick Leave: Sick leave shall automatically terminate on the date of retirement or on the date upon which an ordinary disability allowance under the retirement system becomes effective. 9.6 Sick Leave Notification and Proof of Illness: . In order to receive compensation while on sick leave, the employee shall notify his/her immediate superior, prior to or at the time set for beginning his/her daily duties, or as may be specified by the Chief of Police or his/her designee, of the reason for requiring such leave and failure to reasonably do so may be grounds for denial of such leave with pay. 9.7 Proof of Illness: In any request for sick leave with pay for three (3) or more calendar days, the Chief of Police or his/her designee may require a statement in writing signed by a licensed physician, or the submission of "the' substantiating evidence that the employee is incapacitated and unable to perform his/her duties. The Town has the right to determine by reasonable means the validity of any sick leave usage by any employee at any time. Section 10. Leave With Pav The following provide for leave with pay: 10.1 Militarv Service: Military leave shall be granted in accordance with State and Federal statutes. . 8 . . .' 10.2 Jurv Dutv: At the call of the Jury Commissioner, all employees occupying authorized regular positions shall be allowed to leave for jury duty upon presentation of jury notice to the Chief of Police or his/her designee or Town Manager. The employee shall receive full pay for the time served on the jury. Monies received from the courts by the employee for jury duty will be deposited with the Town of Tiburon. Vacation Leave: 10.3 All regular employees occupying a position shown in the Annual Salary Program become eligible for vacation leave with pay as shown in Section 11 below. Section 11. Vacation All regular employees are eligible for vacation leave with pay as shown below: 11.1 Vacation Leave Accrual: Vacation leave with pay shall be credited to all full-employees at the following rates: First five (5) years service - eight (8) hours per month Second five (5) year service - twelve (12) hours per month Third five (5) years service - thirteen and one-third (131/3) hours per month Part-time employees hired into an Association represented classification shall accrue the pro-rated share of vacation leave accumulation above based upon their full-time equivalent. Vacation leave shall be credited to each employee's account monthly. 11.2 Pavment for Unused Vacation Time: When an employee with six (6) months service terminates, fractional periods of vacation shall be calculated and credited to the employee's account. Compensation will be at the employee's daily rate of pay. 11.3 Vacation Cash-Out Incentive Each full-time classification represented by the Tiburon Police Association with five years of service with the Town is eligible for vacation cash-out after the usage of eighty (80) hours of vacation leave during a calendar year. Vacation cash-out pay will be issued in December each year and eligible employees can receive the following: Employees with five (5) years of service may cash-out up to sixteen (16) hours of accrued vacation. Employees with ten (10) years of service may cash out up to thirty-two (32) hours of accrued vacation. 9 Employees with fifteen (15) years of service may cash-out up to eighty (80) hours of accrued vacation. . 11.4 Vacation Leave Accumulation: Vacation leave for employees with less than five (5) years service may not be accumulated beyond two hundred hours. For employees with more than five (5) years service, vacation leave may not be accumulated beyond two hundred and eighty hours; providing the Town Manager may require two (2) of those weeks to be taken at a separate time. Employees who are on leave or suspension without. pay for more than ten (10) working days in any calendar month shall not accumulate vacation leave for that month. 11.5 Sickness Durina Vacation Leave: Sickness occurring during vacation leave, upon doctor's certification, will be considered sick leave and not be charged against vacation leave. 11.6 Vacation Leave Schedulina: Requests for vacation leave shall be submitted in advance by the employee in writing to the Chief of Police or his/her designee, who shall approve the time employees may take their vacation. Section 12. Salarv Current monthly salary ranges for each represented classification are as follows: TITLE --L ~ ~ ---1L- -L Sergeant $5,074 $5,341 $5,622 $5,918 $6,229 Officer $4,340 $4,569 $4,809 $5,062 $5,329 Police Service Aide $3,173 $3,340 $3,516 $3,701 $3,896 . Effective the first pay period that includes August 1, 2005: For the classifications of Police Officer and Police Sergeant The Town of Tiburon will conduct a salary survey for the classification of Police Officer for the Law Enforcement Agencies of Belvedere, Fairfax, Mill Valley, Ross, San Anselmo, Sausalito, Twin Cities and Marin County ("Surveyed Agencies"). For purposes of the salary survey, the Town will use each agencies' top step for Police Officer, except for the City of Sausalito or any other "Survey Agency" who contributes the CalPERS Employee contribution under the section 414(h)(2) provision, whereby the 9% CalPERS Employee contribution will be deducted from the agency's top step salary for purposes of establishing the agencies top step salary. . 10 . Based on the survey, the Town will determine the percentage amount it would take to bring the top step salary for the Town's Police Officer position to the average of the survey agencies. Based on that percentage, the Town will increase the salaries for the position of Police Officer and Police Sergeant to the average, but in no case shall salaries be increased by more than 2.5%. In any event, as a result of this survey, employees will not suffer a pay reduction. In the event any agency surveyed is still in negotiations and does not have a new-posted salary by Septemb~r 1, 2005, the Town will use the actual salary in place on September 1, 2005. For the classification of Police Service Aide: . The Town of Tiburon will conduct a salary survey for the classification of Police Service Aide where they exist, for the Surveyed Agencies. For purposes of the salary survey, the Town will use each agencies top step salary, except for the City of Sausalito or any other "Survey Agency" who contributes the CalPERS Employee contribution under the section 414(h)(2) provision, whereby the 7% CalPERS Employee contribution will be deducted from the agency's top step salary for purposes of establishing the agencies top step salary. Based on the survey, the Town will increase salaries by the percentage to make the classifications at the average of the Surveyed Agencies, but in no case shall salaries be increased by more than 2.5%.. In any event, as a result of this survey, employees will not suffer a pay reduction. In the event any agency surveyed is still in negotiations and does not have a new-posted salary by September 1, 2005, the Town will use the actual salary in place on September 1, 2005. The Tiburon Police Association recognizes that the Police Service Aide works a modified work schedule as determined by the Police Chief. For salary calculation purposes, the hourly rate will be used in determining the average salary. Effective the first pay period that includes August 1, 2006: For the classifications of POlice Officer and Police Sergeant The Town of Tiburon will conduct a salary survey for the classification of Police Officer for the "Surveyed Agencies". For purposes of the salary survey, the Town will use each agencies top step for Police Officer, except for the City of Sausalito or any other "Survey Agency" who contributes the CalPERS Employee contribution under the section 414(h)(2) provision, whereby the 9% CalPERS Employee contribution will be deducted from the agency's top step salary for purposes of establishing the agencies top step salary. Based on the survey, the Town will determine the percentage amount it would take to bring the top step salary for the Town's Police Officer position to the average of the survey agencies. Based on that percentage, the Town will increase the salaries for the position of Police Officer and Police Sergeant to the average. In any event, as a result of this survey, employees will not suffer a pay reduction. In the event any agency surveyed is still in negotiations and does not have a new- posted salary by September 1, 2006, the Town will use the actual salary in place on September 1, 2006. . 11 For the classification of Police Service Aide: The Town of Tiburon will conduct a salary survey for the classification of Police . Service Aide where they exist. For purposes of the salary survey, the Town will use top step salary, except for the City of Sausalito or any other "Survey Agency" who contributes the CalPERS Employee contribution under the section 414(h)(2) provision, whereby the 7% CalPERS Employee contribution will be deducted from the agencies top step salary for purposes of establishing the agency's top step salary. Based on the survey, the Town will increase salaries by the percentage to make the classifications at the average of the Surveyed Agencies. In any event, as a result of this survey, employees will not suffer a pay reduction. In the event any agency surveyed is still in negotiations and does not have a new-posted salary by September 1, 2006, the Town will use the actual salary in place on September 1, 2006. The Tiburon Police Association recognizes that the Police Service Aide works a modified work schedule as determined by the Police Chief. For salary calculation purposes, the hourly rate will be used in detennnining the average salary. 12.2 Advancement Within Salarv Ranae: The following criteria shall apply to advancement within salary ranges of individual employees who are on a step plan: Step A: Employees generally shall be hired at Step A of their respective pay range. . Step B: Employees shall be eligible for advancement to Step B upon completion of six (6) months satisfactory performance as documented by a written perfonnnance evaluation, affinnned by the Chief of Police or his/her designee, and approved by the Town Manager. Additional Steps: Employees shall be eligible for advancement from Step B to higher steps in their respective pay range after completion of one (1) year satisfactory performance at the previous step as documented by a written perfonnnance evaluation, affirmed by the Chief of Police or his/her designee, and approved by the Town Manager. The Town Manager may increase an employee's salary on the basis of exceptional merit within the employee's respective pay range. The Town Manager may also designate the salary rate or step at which an employee is appointed. . 12 .. . e Section 13. Longevitv Pav For the Classifications of Police Officer and Police Sergeant, the Town will recognize tenure in the form of longevity pay and will compensate employees by the fixed monthly amount below: Upon the completion of five (5) years service to the Town $ 75 Upon completion of ten (10) years of service to the Town $125 Upon completion of twenty (20) year service to the Town $175 Section 14. Overtime 14.1 Definition: For the classifications of Police Officer and Police Sergeant assigned to a 3/12 work schedule: Authorized time worked in excess of eighty-four (84) hours in a fourteen day work period. Time paid for but not worked such as paid sick leave, vacation leave and comp time leave shall be included in the computation of said eighty-four (84) hour work period. For the classification of Police Service Aide: Authorized time worked in excess of eighty (80) hours in a fourteen day work period. Time paid for but not worked such as paid sick leave, vacation leave and compensatory time leave shall be included in the computation of said eighty (80) hour work period. Traditionally, the classification of Police Service Aide and precursor classifications worked a traditional 5-40 work schedule. The Town implemented a 9-80 work schedule in October 2003. The Town reserves the right to discontinue the 9-80 work schedule and return to the 5-40 work schedule in whole or in part at any time during the length of this contract 14.2 Policv: It is the policy of the Town of Tiburon to keep overtime at a minimum consistent with the protection of the lives and property of Tiburon citizens and the efficient operation of the Department. Overtime must be authorized by the Chief of Police or his/her designee and be in compliance with the overtime policy as set forth in the Town's Personnel Rules and Regulations. 14.3 Overtime Pav: Overtime pay shall be paid at the option of the employee based on the rate of pay at time and one-half (1-1/2) or. compensatory time at time and one-half (1-1/2) off. 14.4 Standbv Time: "Standby Time" is defined as that period of time an employee is required to leave work where he/she may be contacted to retum to work if needed within a reasonable period of time. Standby time will be computed at .25 hours of each 13 hour of standby time (1 hr: 4hrs). Standby time will be compensated at straight compensatory time off (CTO) only. 14.5 Court Time: . The minimum hours of compensation for court time on other than duty time 'shall be four (4) hours. Court time shall be computed at the time and one-half (1-1/2) rate and compensated as either compensatory time off or cash payment, at the employee's choosing. 14.6 Call Back Time: Any employee who has departed from his/her work location and is called back is guaranteed a minimum of two (2) hours compensation. Employees who do not receive twenty-four (24) hour advance notice of cancellation of department scheduled non-emergency call back will receive call back time. Section 15. Soecial Meal Allowance 15.1 For the classification of Police Officer and Police Sergeant directed to work a special twelve (12) hour overtime shift will be eligible for meal reimbursement not to exceed Ten Dollars ($10). This allowance applies only to a twelve (12) hour shift that is not the employee's normal working shift. For the classification of Police Service Aide directed to work twelve (12) or more continuous hours by the Chief of Police or his/her designee in a twenty four (24) hour period (commencing from 0100 to 2400 hours) without an eight hour break, will be eligible for meal reimbursement not to exceed Ten Dollars ($10) 15.2 A receipt must be obtained for any meals purchased or this allowance will be e disallowed. 15.3 This allowance applies only to regular shift duty worked. This allowance specifically excludes court time activity, range activity, standby activity, meetings, or other non-regular shift duty. Section 16. Education Incentive Proaram 16.1 For the classifications of Police Officer and Police Sergeant, the following education/certification incentive program will be compensated by the fixed monthly amount below: . Possession of POST Intermediate Certificate/Assoc. of Arts/Science Degree $ 95 Possession of POST Advanced Certificate/Bachelor of Arts/Science Degree 150 Possession of POST Supervisory Certificate/Master of Arts/Science Degree 185 If an employee is eligible for more than one certificate/degree incentive pay, the employee will be compensated at the higher rate, not the combined total. Section 17. Tuition Reimbursement Proaram Effective December 1, 2004, for each full-time classification represented by the Tiburon Police Association, a tuition reimbursement program shall be offered for the matriculation of an Associate or Bachelor's degree. Tuition reimbursement for . 14 . . . advanced degrees must be approved in advance by the Chief of Police and the Town Manager. The Town will reimburse costs up to $1,200 annually for the equivalent to the cost of tuition, books and fees at California State University rates. To qualify for reimbursement, employees must submit certified transcripts with evidence of a grade of "C" or better from an accredited college or university and submit bona fide receipts. Employees currently enrolled in an advanced degree program as of December 1" 2004 shall not be subject to the annual $1,200 cap 'on tuition reimbursement during the pursuit of the advanced degree currently enrolled. Section 18. Uniform Maintenance Allowance The Town will provide an adequate supply of unifonns and pay for necessary cleaning, as determined by the Chief of Police or his/her designee, for all classifications covered under this MOU. Section 19. Soecial Pav The Town shall compensate for the following specialty pays: 19.1 Thirty-five Dollars ($35.00) per month shall be paid to the person(s) assigned by the department to provide the special services listed below: 1. Motorcycle Officer 2. Juvenile Officer 19.2 Person assigned as Field Training Officer (FTO) shall be paid an additional Twelve Dollars ($12) per shift. No more than two (2) Field Training Officers shall be assigned to anyone (1) shift. Section 20. Safetv Eauioment 20.1 Safetv Eauioment The Town of Tiburon shall supply safety equipment to its Police Officer and Sergeant personnel. All Police Officers and Sergeants shall possess and have immediately available for their use those items of safety equipment detennined to be necessary by the Chief of Police or his/her designee. 20.2 Duty Footwear: The Town will pay up to One Hundred Twenty-five Dollars ($125.00) each fiscal year for duty footwear for personnel. Replacement shall be on as-needed basis, as decided by the Chief of Police or his/her designee, but replacement shall not be unreasonably withheld. 15 Section 21. Hours of Work 21.1 Normal Work Schedule for Non-Sworn Personnel The normal work schedule for employees occupying full time positions shall consist of eighty (80) hours to be worked in a fourteen (14) day work period. The normal workday for all non-sworn employees shall consist of not more than nine (9) hours. 21.2 Normal Work Schedule for Sworn Personnel . Sworn personnel work in accordance with FLSA 7k work period exemption consisting of fourteen (14) days commencing on Monday and ending fourteen (14) days later on Sunday. A typical workday for Sergeants and Officers assigned to patrol consists of twelve (12) hours per shift. Typically, each shift will normally work three twelve (12) hour shifts, or thirty-six (36) hours, followed by four (4) days off and will then work four (4) twelve (12) hour shifts or forty-eight (48) hours, followed by three (3) days off, within a fourteen (14) day work period. Typically, one team will work on Sunday, Monday, Tuesday and every other Wednesday. Typically, the other team will work Thursday, Friday, Saturday and every other Wednesday, dependent upon the needs of the department. Police Sergeants and Police Officers assigned to the above twelve (12) hour shift schedule will be assigned twelve (12) hours of working time off during each six (6) . week period, as scheduled by the Chief of Police or his/her designee. The following illustrates a typical work period: Monday ON WEEK 1 Wed. OFF Thurs. OFF Sunday ON Monday ON Tuesday ON WEEK 2 Wed. Thurs. ON OFF Friday OFF Saturday OFF There are periods in which the need to augment personnel away from the above illustrated typical shift occurs. Personnel may be designated to serve on various shifts at the direction of the Police Chief or his/her designee at any time. Scheduling of individual officers within the working schedule of shift rotation is subject to change at any time. Changes may occur during periods of personnel absence due to vacation, training, illness, injury, scheduling days off, compensatory time off, resignation or other unforeseen circumstances. Changes in the typical work schedule may also occur as a result of special needs of the department in order to address service to the community. Sworn personnel.may be assigned to work hours and/or days other than those listed above. An example could be 1500 hours to 0300 hours and/or Tuesday, Wednesday and Thursday. . 16 . . . Swom patrol personnel will receive at least three (3) calendar days off between scheduled work weeks. Except in times of emergency as defined by a supervising officer, no Sergeant or Officer shall work more than twelve (12) hours on patrol without an intervening break of at least eight (8) hours. Changes in the days or hours of the regular work schedule of an employee shall entitle such employee to regular overtime compensation at the rate on one and one-half (1 1/2) for any hours worked outside the employee's regular work schedule unless the Town has posted the change in the schedule seven (7) days prior to the change. No advance notice to employees by the Town of shift change shall be required and no overtime shall be paid when shift changes occur as a result of work related emergencies (i.e., multiple sicknesses, disabilities or injuries;. an unplanned for vacancy or shortage occurring less than seven (7) days in advance of the shift change). Section 22. Seniority 22.1 Deoartment Senioritv: 1. Employees shall be placed on the Department seniority list in accordance with their most recent date of hire. 2. When two (2) or more employees are assigned to the payroll on the same date, seniority shall be given in accordance with their relative standing on the respective eligibility list. Classification of Senioritv: 1. Employees shall be placed on a classification seniority list in accordance with their most recent date of appointment to the specific classification. 2. When two (2) or more employees are appointed or promoted to the same classification on the same date, seniority shall be based upon their relative standing on the respective eligibility list. Section 23. Lavoff Procedures 22.2 The appointing authority may layoff employees because of lack of work or lack of funds requiring the reduction of the work force of the Town. An employee or employees within a given job classification so released under this Section shall be laid off based upon seniority as defined in S~ction 22 with the least senior employee the first to be released from Town employment. The name of any employee so released shall be placed on an appropriate re-employment eligibility list. Within ten (10) working days before the effective date, the Personnel Officer shall notify the employee affected of the intended action, the effective date, and the reasons therefore. Employees laid off pursuant to this Section shall not have the right to appeal. Section 24. Disciolinarv Procedures and Action No discipline shall be imposed, other than emergency suspensions prior to the conclusion of the opportunity to respond; any discipline then imposed shall be effective after that time. 17 , 24.1 Disciolinarv Procedure: . Any complaint against any police personnel shall be investigated with due diligence and the investigations completed in a reasonable amount of time. The . police personnel against whom the complaint was filed shall be informed of the outcome of the investigation as soon as possible after the investigation has been completed. All applicable laws, including, but not necessarily limited to Government Code Sections 3300-3310 ("Peace Officers Bill of Rights") and also "Skelly" shall be adhered to. ' 24.2 The employee shall be shown the documents or materials upon which the disciplinary action is based; and if practical, he or she shall be supplied with a copy of those documents. 24.3 After being given a reasonable opportunity to review the documents and materials set forth in paragraph 1 and 2 above, the employee shall, within ten (10) days be given the right to respond, either orally or in writing (at the option of the employee), to the authority initially imposing discipline. 24.4 Per Califomia Law, Officers may request in writing, the Chief of Police delete complaints against them which arise from citizens five (5) years after the date of the complaint. Further complaints against officers from department personnel may be deleted per California law, by the Chief of Police at the written request of the concerned officer two (2) years after the date of the complaint. 24.5 Susoension: The Chief of Police or his/her designee may suspend an employee without pay . from his/her position at any time for cause, not to exceed three (3) working days in anyone (1) suspension nor more than ten (10) working days in one (1) fiscal year. Such suspensions shall be reported immediately to the Town Manager. The Town Manager may suspend an employee for a period not to exceed thirty (30) working days in any fiscal year. 24.6 Demotion: The Town Manager may demote an employee whose ability to perform the required duties of his/her position fall below standards or for disciplinary purposes. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. 24.7 Reduction in Salary: The appointing authority may, within the minimum and maximum salary range for the position, reduce or decrease the salary level of an employee whose ability to perform the required duties of his/her position falls below standard, or for disciplinary purposes. 24.8 Discharae: An employee in the career service may be discharged for cause at any time by the Town Manager. Any employee who has been discharged shall receive a written statement of the reasons for such action at the time of discharge. '. 18 . . . 24.9 Cause of Discipline: Disciplinary action may be taken for any causes listed in Section 19572 of the Government Code or for any of the following: 1. Unauthorized absence. 2. The commission or conviction of any felony or any other crime involving moral turpitude. . 3. Disorderly conduct. 4. Incompetence or inefficiency. 5. Insubordination. 6. Intoxication while on duty. 7. Neglect of duty. 8. Negligence or willful damage to public property or waste of public supplies or equipment. 9. Violation of any lawful regulation or order made and given by a line supervisor. 10. Willful violation of any of the provisions of the Ordinance of the Town, these rules, or other promulgated by the Town Manager as Administrative Orders. Section 25. Grievance Procedure 25.1 Informal Grievance Procedure: Within five (5) working days of the event giving rise to a grievance, the grievant shall present the grievance informally for disposition by the immediate supervisor, or at any appropriate level of authority. Presentation of an informal grievance shall be a prerequisite to the institution of a formal grievance. 25.2 Formal Grievance Procedure: If grievant believes that the grievance has not been redressed through the informal grievance procedure within five (5) working days from the date of informally presenting the event giving rise to a grievance to his/her immediate supervisor, he/she may initiate a formal grievance within five (5) working days thereafter. A formal grievance can only be initiated by completing the filing with the Chief of Police or his/her designee a memorandum. The memo shall contain: 1. Name(s) of grievant 2. Class 3. Title(s) 4. Mailing address(es) 5. A clear statement of the nature of the grievance (citing applicable ordinance, rules or regulations, or contract language). 6. The date upon which the grievance occurred. 7. A proposed solution to the grievance. 8. The date of execution of the grievance form. 9. The signature of the grievant. 10. The name of the organization or individual, if any, representing the grievant followed by the signature of the representative. 19 Step 1 Within ten (10) working days after a fonnal grievance is filed, the Chief of Police or his/her designee shall investigate the grievance and confer with the grievant . in an attempt to resolve the grievance and make a decision in writing. Step 2 (a) If the grievance is not resolved in Step 1 to the satisfaction of the grievant, he may, within not more than five (5) working days from his/her receipt of the Chief of Police or his/her designee's decision, request consideration of the grievance by the Town Manager by so notifying the Personnel Officer. (b) Within ten (10) working days after such notification, the Town Manager shall investigate the grievance, confer with the persons affected and their representatives to the extent he deems necessary, and renders a decision in writing. (c) The Town Manager shall advise the grievant, in writing, of his/her decision. If the decision does not resolve the grievance to the satisfaction of the grievant, the grievant may proceed to Step 3. Step 3 If the grievance is not resolved in Step 2, a final appeal may be filed, in writing, with the Town Council not more than five (5) working days from the employee's receipt of the Town Manager's decision. The Town Council shall, within thirty (30) days of receiving the grievance, hear and decide upon the grievance. The decision is final and binding in all respects. No employee shall, as a direct or proximate result of such grievance, suffer . dismissal from the services of the Town, transfer, demotion, reduction of salary, . or other disciplinary action unless it shall be determined by the Town Council that the grievance was taken willfully and/or spitefully for purposes of disruption, with intentional disregard of facts, to wrongfully embarrass the Town, its officers, and employees, to disturb the public peace, health, safety, and welfare, or to serve personal ends inimical to the public service. 25.3 Aaarieved Emplovee Representation: An aggrieved employee may be represented by any person or organization of . his/her choice at any stage of the proceedings. 25.4 Appeal: A regular employee may, within ten (10) calendar days after the effective date of demotion, discharge, reduction in pay, or suspension, file a written appeal with the Town Manager. The Town Manager may make whatever investigation of the appeal he/she deems appropriate and make a finding within fifteen (15) calendar days. If the employee is dissatisfied with such finding, within ten (10) calendar days, the employee may file a written appeal with the Town Council. The Town Council shall hold a hearing within thirty (30) calendar days thereafter. The Town Council shall render its decision on the appeal within fifteen (15) calendar days following the hearing and shall notify the employee in writing of its decision. . 20 . . e Section 26. Fair Labor Standards Act 26.1 For police officers under the 7k exemption, a work period is fourteen (14) days. Police officers may accumulate up to twelve (12) hours of compensatory time during the work period prior to being paid overtime. Compensatory time shall not be accumulated in excess of forty (40) hours. 26.2 The police service aide's work schedule shall either be a 5/8 or 9/80 plan at the discretion of the Police Chief or his/her designee. Overtime shall be paid for hours worked in excess of their normal work schedule. All overtime earned may be either paid in cash or allowed' to accrue compensatory time in accordance with the Fair Labor Standards Act. All or part of this Section shall be invalidated at such time as either a court of competent jurisdiction and/or the Congress of the United States amends or modifies the act to exclude all or some local govemment employees. Section 27. CatastroDhic Leave The Town agrees to establish a Catastrophic Leave Bank to assist employees who have exhausted accrued leave time due to a serious or catastrophic illness or injury. The Time Bank will allow other bargaining unit employees to donate time to the affected employee so that he/she can remain in a paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury or condition. Eliaibilitv To be eligible for this benefit, the receiving employee must: 1) Be a regular full- time employee who has passed his/her initial Town probationary period, 2) Have sustained a life threatening or debilitating illness, injury or condition which may require confirmation by a physician, 3) Have 'exhausted all accumulated paid leave including vacation, holiday, sick leave, and/or compensatory time off, 4) Be unable to return to work for at least thirty (30) days, and 5) Have applied for a Leave of Absence Without Pay for medical reasons. . Benefits Accrued vacation and compensatory time off hours donated by other employees will be converted to sick leave and credited to the receiving employee's sick leave time balance on a dollar-for-dollar basis and shall be paid to the recipient at the donor's rate of pay. For as long as the receiving employee remains in a paid status, seniority, and all other benefits will continue, with the exception of sick leave, holiday, and vacation accrual. The total leave credits received by an employee will not normally exceed three (3) months. However, if approved by the Chief of Police or his/her designee and the Town Manager or his/her designees the total leave credits may be extended on a case by case basis. 21. Guidelines For Donating Leave Credits To The Time Bank a. Accrued vacation leave and compensatory time off may be donated by any regular full-time employee who has completed his/her initial Town probationary period. b. Time donated will be converted from vacation or compensatory time to sick leave hours and credited to the receiving employee's sick leave balance on an dollar-for-dollar basis and shall be paid at the rate of pay of the receiving employee. c. The total 'amount of time donated to one employee by another employee shall not exceed the equivalent of forty (40) hours at the recipient's rate of pay. The total leave credits received by the employee shall not normally exceed three months; however, if approved by the Chief of Police or his/her designee, the Town Manager or his/her designees may approve an extension to six (6) months total time. d. Initial leave time donations must be a minimum of eight (8) hours at the recipient's rate of pay and thereafter, in four (4) hour increments. An employee cannot donate leave hours that would reduce his/her vacation balance to less than forty (40) hours. e. The use of donated leave hours will be in consecutive one shift increments (Le., eight (8) hours for a full-time employee working five (5) eight (8) hour days/week). f. While an employee is on leave using donated leave hours, no vacation, holiday, or sick leave hours will accrue. g. Under all circumstances, time donations received by the employee are forfeited once made. In the event that the receiving employee does not use all transferred leave for the catastrophic illness/injury, any balance will remain with that employee as sick leave until that employee's separation from Town service. h. Payment for unused sick leave at the time of termination of employment, shall be in accordance with the Memorandum of Understanding. L In accordance with IRS Ruling 90-29, leave transferred under such arrangements will not be considered wages for the employee who surrenders the leave and will therefore not be included in gross income or subject to withholding. An employee who donated leave 22 e " . . . . . incurs no deductible expense or loss either upon the donation or use by the recipient. Section 28. Full Understandina. Modification, Waiver 28.1 The parties agree that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. 28.2 Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights and agrees that the other shall not be required to meet and consult with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of the meeting and conferring for a proposed Memorandum of Understanding between the parties to be effective on or after 1 July 2007. Section 29. SeDarabilitv of Provisions Should any provision of this Memorandum of Understanding be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such provisions shall not invalidate the remaining portions thereof, and such remaining portions shall remain in full force and effect for the duration of the Memorandum of Understanding. Section 30. Maintenance of Benefits All rights, privileges, and terms and conditions of employment in full force and effect through the duration of the previous Memorandum of Understanding and not in conflict herewith shall be part hereby and remain thereby until mutually modified by the parties hereto. Section 31. Prevailina Riahts All matters within the scope of meeting and conferring that have previously been adopted through rules, regulations, ordinance, or resolutions that are not specifically superseded by this Memorandum of Understanding, shall remain in full force and effect throughout the term of this Agreement. 23 Section 32. MISCELLANEOUS At the request of the Town, the parties agree to meet and confer on any . modification of fringe benefits necessary to comply with the United States Internal Revenue Services Section 125. TIBURON POLICE ASSOCIATION TOWN OF TIBURON By Rob Law, President Tiburon Police Association By Alex D. Mcintyre, Town Manager Town of Tiburon Date: Date: Approved as to Form By Ann R. Danforth Town Attorney . . 24 ~. . . . Town of Tiburon STAFF REPORT AGENDA ITEM L TO: Members of the Town Council FROM: Alice Fredericks, Mayor SUBJECT: Fourth Amendment to Town Manager's Employment Agreement MEETING DATE: December 1, 2004 At its October 20, 2004 meeting, the Town Council reviewed the performance of the Town Manager and, based upon that review, authorized an amendment to the Town Manager's Employment Agreement. Specifically, the Town Manager's annual compensation has been adjusted to $142,812 payable retroactive to September 25, 2004. Recommendation It is recommended that the Town Council approve the Fourth Amendment to the Town Manager's Employment Agreement. Exhibit A - Fourth Amendment to Town Manager's Employment Agreement ! . . FOURTH AMENDMENT TO TOWN.MANAGER'S EMPLOYMENT AGREEMENT This AMENDMENT TO THE TOWN MANAGER'S EMPLOYMENT AGREEMENT ("Amendment") is effective as of September 25. 2004, by and between the Town 'of Tiburon ("Town") and Alexander D. McIntyre ("Employee"). RECTT ALS A The Town employs Employee as its Town Manager, pursuant to an Employment Agrcemcnt dated September 25, 2000, as amended on November 7, 2001, September 1,2002 and Scptcmbcr 25,2003 ("Managcr's Agrccmcnt"). B. The Town Council has conducted its fourth p erformancc c valuation 0 f Employee ass et forth in the Manager's Agreement and is well satisfied with Employee's Performance. The Council finds that the Employee has demonstrated management and leadership skills that . compare favorably to persons holding similar positions in similar agencies. C. . The Town's policy is to offer compensation packages that are competitive with similar employers for similar positions so as to maintain the highest quality staff to servc the public. The Town has amended the Manager's Agreement on several occasions to further this goal. To continue to maintain a competitive compensation package for Employee so as to retain Employee as Town Manager, the Council has decided to further modify the Manager's Agreement and compensation as set forth in this Amendment and Employee has agreed to such modification. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AGREEMENT, IT IS AGREED AS FOLLOWS: 1. Base Salarv. Section 4.1 of the Manager's Agreement shall be amended as follows: 4.1 Base Salary. Employee shall receive a base salary of One Hundred Forty Two.Thousand Eight Hundred and Twelve Dollars ($142,812) per year. 2. Manal!er's Al!reement Otherwise Unchanl!ed. Except as expressly modified by this Amendment, and the previous amendments described herein, the Manager's Agreement between the Town and Employee shall remain in full force and effect. e Manager's Empl Ag. 11-03--04 Amend. :r-\ IN WITNESS WHEREOF, this Amendmcnt to thc Manager's Agreemcnt shall be effective as ofthc day and year written abovc. . Datcd: TOWN OF TIBURON By: ALICE FREDERICKS Mayor APPROVED AS TO FORM ANN R. DANFORTH Town Attorney EMPLOYEE . ALEXANDER D. McINTYRE Town Manager Manager's Empl Ag, 11-03--04 Amend. . 2 ;;. e . . Town of Tiburon STAFF REPORT AGENDA ITEM J/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR AND MEMBERS OF TOWN COUNCIL FROM: DANIEL M. WATROUS, PLANNING MANAGER APPROVAL OF CONTRACT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT IN CONJUNCTION WITH A CONDITIONAL USE PERMIT APPLICATION TO EXPAND AN EXISTING RELIGIOUS FACILITY AND DAY SCHOOL (CONGREGATION KOL SHOFAR; 215 BLACKFIELD DRIVE) SUBJECT: MEETING DATE: DECEMBER 1, 2004 ~ REVIEWED BY: SUMMARY The Town of Tiburon has received an application for a conditional use permit to expand an existing religious facility and day school (Congregation Kol Shofar) on property located at 215 Blackfield Drive. Staff has determined that an Environmental Impact Report (EIR) is necessary for this project. Staff distributed a request for proposal to prepare the EIR for this project and received the following bids: Leonard Charles and Associates: LSA Associates, Inc.: $ 61,206 $121,534 Staff recommends that Leonard Charles and Associates be selected to prepare this EIR. A contract for these services has been prepared and is attached. RECOMMENDATION It is recommended that the Town Council approve the contract with Leonard Charles and Associates to prepare the EIR for the Congregation Kol Shofar conditional use permit for a cost not to exceed $61,206. EXHIBIT 1. Draft contract .- ... ~ 9L-~I_~& ~. ~/ "'fo ~(/.' \f 'I~ ,---,,~I'- ('I\~?~/~ ~~~2~~~Q ...o~;;,.;~i.. '. , . .~f . . . AGREEMENT FOR ENVIRONMENTAL PLANNING SERVICES - CONGREGATION KOL SHOFAR EXPANSION PROJECT THIS AGREEMENT, made and entered this _ day of December, 2004, by and between thc TOWN OF TIBURON, a political subdivision of the State of California, hereinafter called "Town," and Leonard Charles and Associates, hereinafter referred to as "Consultant," RECITALS A. The Town is considering a proposal to expand an existing religious facility on property located at 2]5 Blackfield Drive in the Town of Tiburon, commonly known as thc Congregation Kol Shofar project ("Project"). B. The Town has determined that under the California Environmental Quality Act, Public Resources Code SS 21000 et seq, ("CEQA"), the Project requires an initial study and EIR to analyze the environmental impacts resulting from the project. C. The parties wish to contract for the Consultant to provide the services described in Exhibit A ("Services"), which is attached hereto and incorporated herein by refcrence, in accordance with CEQA. ' AGREEMENT 1. Scope' of Consultant Services. Consultant shall perform those Services described in Exhibit A. Consultant may subcontract out certain of the 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 performancc of such services. , 2. Comoensation. Consultant's fee for the Services shall be as set forth in Exhibit A. Paymcnts shall be due thirty days after submission of an itemized invoice showing work actually , completed. Consultant shall submit invoices on a monthly basis for time and materials actually expended. Consultant shall not exceed the fce set forth in Exhibit A without prior Town approval of an amcndmcnt to this agreement. 3. Standard of Work: Indemnitv. Consultant shall perform thc services in a skillful and professional manncr compatible with the usual, customary standard of Consultant's profession. Consultant shall indemnity, defend and hold Town harmless from and against claims, liabilities, suits, loss, cost, expense and damages arising from Consultant's willful or negligent acts relating to the performance of the Services pursuant to this Agreement. 4. Consultant as Independent Contractor: Indemnitv. Consultant (including its agents and employces) is not an agent or cmployee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Consultant Agreement for Professional Service Congregation Kol Sh(ifar P"!iect Decemher, 2004 -. shall maintain complete control of its operations and personnel and shall be solely liable and responsible to pay all required salaries, wages, cxpcnscs. taxes and other obligations, . including, but not limited to, withholding and Social Security. Consultant shall indemnifY, defend and hold the Town harmless from any such liability that it may incur to thc Fcdcral or Statc Governments as a consequence of this contract. 5. Attendance at Hcarings. Ifrcqucsted by the Town Director of Community Development, Consultant shall appear at litigation and/or administrative hearings that pertain to thc Projcct. Town shall reimburse Consultant lor such appearancc(s) at thc hourly rate specified in Exhibit A. 6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or cvaluation of the Consultant's records and accounts of cxpenditurcs and program activities at its own expensc. Consultant shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation subject to rcstrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 7. Insurance. Consultant shall maintain insurance as set forth below. Town shall be added as an additional insured to all required insurance policies: A. Comprehensive General Liability: Combined single limit of $1 ,000,000 I()r each single occurrence and $2,000,000 annual aggregate. Comprehensive Automobile Liability: Combined single limit of$I,OOO.OOO for cach single occurrence and $2,000,000 annual aggregate. . B. 8. Ownership of Documents: Rc-Use: Indemnity. All documents, including drawings and specifications prepared by Consultant pursuant to this Agreement shall be the property of Town. Town acknowledges that said documents are prepared for use only in connection with the Project described in thc Exhibit A. Consultant makes no representation that said documents are suitable for re-use on any other project or on any expansion of the Project. Any such re-use by Town without specific written approval by Consultant shall be at Town's sole risk. Town shall indemnifY and hold Consultant harmless from all claims, losses, damages and expenses, including attorncys fces, that may, arise from Town's unauthorized re-use of said documents for another project or for any expansion of the Project. 9. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work Ordcr"), rcquire Consultant to stop or suspcnd perfonnance of the Services, in whole or in part, for a period of up to ninety days after such notice is delivered to Consultant. Upon receipt of the Stop Work Order, Consultant shall immcdiately comply therewith and take all reasonable stcps to minimize the incurrence of costs allocahle to the Services covered by the Stop Work Order during the period of work stoppage. Within ninety days ofthc delivery of the Stop Work Ordcr, or such later time as may be agreed to hy the parties, Town shall either cancel the Stop Work Order or tenninate this Agreemcnt as provided in Paragraph 11. Agreement for Pn?fessional l.\'ervice Congregation Ko/ Shqfar Prf?iect December, 2()(J4 2 . . . . 10. Consultant shall resume work upon the cancellation of the Stop Work Order. To the extent that the Stop Work Order results in a documentable increa~e in the cost of performing the Services or the time required for such performance, Consultant shall receive an equitable adjustment in compensation or an extension of time for performance, as appropriate. Delinquencv. In the event that a propcr invoice remains unpaid for more than 45 days after submittal, Consultant may commence to charge intcrest of the unpaid amounts at the lesser of 1.5% per month or the maximum rate allowed under applicable usury laws. In addition, Consultant may suspend the performance ofthe Services after giving Town 10 days notice of its intent to do so. In the evcnt of such suspension, the Base Fee shall be increased to include Consultant's reasonable costs of suspending and restarting the Scrvices. II. Tcrmination of Contract. It is cxprcssly understood that cither party shall have the right to tcrminatc this agrccment within five (5) days written notice to the other party. In such event, Consultant shall delivcr to the Town copies ofall [mished anduntinished surveys, studies, documents, computer disks, and/or reports pcrtaining to the contract, and Consultant shall be cntitlcd to receive just and equitablc compcnsation for any satisfactory work completed as dctcrmincd by the Town. 12. Discrimination. In the pcrformancc of thc terrns of this Agrccment, Consultant shall not engage in nor permit othcrs hc may employ to engage in discrimination in thc employmcnt of such persons based on racc, color, religion, sex, scxual preference, agc, or handicapped conditions. 13. Miscellaneous. A. Other Contract Provisions. Othcr contract provisions may be set forth in Exhibit A. To thc extent that therc arc any inconsistcncies with such Exhibit and the othcr portions of this Agrccmcnt, the lattcr shall prevail. B. Govcrning Law. Thc laws ofthc Statc ofCalifomia shall govcrn this Agrccmcnt.. C. Severabilitv. If any provision of this Agrecmcnt is found to be invalid or unenforceablc, thc validity and cnforceability ofthc rcmaining portions shall not bc affectcd unless thc cffcct thereof would materially change the economic burden on either party. D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neithcr party may assign their obligations undcr this Agreement without the written consent of the other party. E. Entire Agreement: Amendment. This Agreement represents the entire Agrecment between the parties. This Agreement may only be amended in writing. Agreementfor Prt~fessi()nal Service Congregation Kol Sh~rar Pr~iect December, 1004 3 IN WITNESS WHEREOf the parties hereto have caused their duly authorized representatives to . execute this Agre~ment the day and year above written. CONSULTANT TOWN OF TIBIJRON . Town Manager APPROVED AS TO FORM: Ann R. Danforth, Town Attorney . AgreementflJr I'rnjessiona/ ,\'ervice Congregation Ko/ Sh(~far Prt?iect Decemher, 2()()4 4 . ..~, . . e " Town of Tiburon STAFF REPORT RQA- AGENDA ITEM It~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'TO: Board of Directors, Jiburon Redevelopment Agency Heidi Bigall, Director of Administrative Services -k1- FROM: SUBJECT: Annual Report of the Tiburon Redevelopment Agency ~ Fiscal Year Ended June 30, 2004 December 1, 2004" REVIEWED BY: MEETING DATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Tiburon Redevelopment Agency regularly schedules its legally required annual meeting following the end of the fiscal year. The primary purpose of the annual meeting is to provide updated information concerning the financial status of the Agency for the fiscal year ending June 30, 2004, The Tiburon Redevelopment Agency was created under provisions of the Community Redevelopment Law primarily to assist in the clearance and rehabilitation of areas determined to be in declining condition in the Town of Tiburon. The Agency will expire when the Town's lowlmoderate income housing requirements have been met. The Town currently needs to develop four additional units of low-income housing within the RDA boundaries to meet the housing requirements, The Agency's financial assets, liabilities, and fund resources are allocated in accordance with the purposes of the Agency as described in the Fiscal Agreement, and the requirements of State community redevelopment laws, The Redevelopment Agency has had little financial activity since FY 2002-03 when it made its final annual payment to the Point Tiburon Community Facilities District (CFD) for debt service on the improvement bonds, Typically, at this time, the Agency would also approve its annual Audit. Unfortunately, the audit has not yet been completed and will be presented to the Agency in the New Year. Recommendation It is recommended that the Board of Directors accept the attached financial statements for the Tiburon Redevelopment Agency's General Tax Increment and the Housing Set-Aide Funds for FY 2003-04, . . e Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . AGENCY GENERAL TAX INCREMENT FUND This fund is used to account for those financial resources which are used for regular operating expenses of the Agency. The Agency made its final payment to the Point Tiburon Community Facilities District (CFD) for debt service on the improvement bonds of the CFD in FY 2002-03. Fund financial information for Fiscal Year 2003-04 is presented in the following tables. FY 2003-04 Balance Sheet Statement of Assets, Liabilities & Fund Equity ASSETS Cash & Investments ERAF Refund Receivable Interest Receivable Total assets: LIABILITIES Accounts Payable Payable to pt. Tiburon CFD Total liabilities FUND EQUITY Unreserved and undesignated Amount 214,864 32,874 774 $ 248,511 o o $ $248,511 FY 2003-04 Income Statement Revenues, Expenditures & Changes in Fund Equity Amount REVENUES ERAF Rebate Interest Earnings 32,874 3,347 Total revenues: $ 36,221 EXPENDITURES ERAF Payment to State Financial Audit Legal 48,147 2,000 o o Total expenditures: $50,147 FUND EQUITY Opening, July 1, 2003 Closing, June 30, 2004 $ 262,437 $ 248,511 November 24, 2004 page 2 of 3 STAFF REPORT Town of Tiburon AGENCY HOUSING SET-ASIDE FUND This fund is used to account for tax increment revenues which are to be used for low & moderate, or affordable, housing, Twenty percent (20%) of total tax increment revenue collected is designated for affordable housing purposes, Fund financial information for Fiscal Year 2003-04 is presented in the following tables. . November 24.2004 page 3 of 3 . . . 'J /J /J --.-/, J' /'( U f:J d-,'f/"- ,i 0 .<. TIBURON REDEVELOPMENT AGENCY MINUTES CALL TO ORDER During the public hearing portion ofthe June 16, 2004 Town Council meeting, Chair Fredericks briefly adjourned to convene a meeting of the Tiburon Redevelopment Agency, in Town Council Chambers at 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: BOARDMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith EX OFFICIO: Town Managcr McIntyre, Town Attorney Danforth, Dircctor of Administrative Services Bigall, Chief of Police Odetto, Director of Public Worksffown Engineer Echols, Director of Community Development Anderson, Town Clerk Crane lacopi ORAL COMMUNICATIONS None. ADOPTION OF BUDGET I. Recommendation by Town Manager - Adoption of Fiscal Year 2004-05 Municipal Budget a) A Resolution ofthe Town Council of the town of Tiburon Adopting a Municipal Budget for the Town ofTiburon and the Tiburon Rcdevelopment Agency for the Fiscal Year Ending June 30, 2005 MOTION: Moved: Vote: To ratifY adoption ofthe Tiburon Redevelopment Agency budget. Gram, Seconded by Berger AYES: Unanimous ADJOURNMENT There being no further business of the Tiburon Redevelopment Agency, Chair Fredericks adjourned the meeting at 7:50 P.M., to the meeting of the Tiburon Town Council. ALICE FREDERICKS, CHAIR ATTEST: DIANE CRANE IACOPI, BOARD CLERK Redevelopment Agency Minutes #02-04 June J 6, 2004 Page 1 Ie () 1+ J_/+1", I/D. ! . TIBURON REDEVELOPMENT AGENCY MINUTES CALL TO ORDER Chair Fredericks called the meeting of the Redevelopment Agency of the Town of Tiburon to order at 7:30 p.m. on Wednesday, January 21, 2004, in Town Council Chambers at 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS: Berger, Fredericks, Slavitz, Smith BOARDMEMBERS: Gram EX OFFICIO: Town Manager Mcintyre, Town Attorney Danforth, Director of Administrative Scrvices Bigall, Chief of Police Odetto, Director of Public WorksITown Engineer Echols, Director of Community Developmcnt Anderson, Town Clerk Crane Iacopi ORAL COMMUNICATIONS None. . ADOPTION OF MINUTES 1. June 18,2003 MOTION: Moved: Votc: To adopt above minutes as written. Thompson, Seconded by Gram AYES: Berger, Frcdericks, Slavitz ABSTAIN: Smith ABSENT: Gram NEW BUSINESS 2. Accept Audit for Fiscal Year Ending June 30, 2003 Director Bigall said she would be happy to answer any questions concerning the auditor's report. There was no public comment concerning the Redevelopment Agency audit. MOTION: Moved: Vote: To Accept the Auditor's Report for Fiscal Year cnding June 30, 2003 Berger, seconded by Slavitz AYES: Unanimous ABSENT: Gram . Redevelopment Agency Minutes #01-04 January 21, 2004 Page I ADJOURNMENT . There being no further business of the Tiburon Redevelopment Agency, Chair Fredericks" adjourned the meeting at 7:35 P.M., to the meeting of the Tiburon Town Council. ALICE FREDERICKS, CHAIR ATTEST: DIANE CRANE IACOPI, BOARD CLERK . . Redevelopment Agency Minutes #01-04 January 21,2004 . . Page 2