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HomeMy WebLinkAboutTC Agd Pkt 2001-05-16 ,AA/+ s T{;i\ - TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 Wednesday, May 16, 2001 7:00 p.m. - Reception 7:30 p.m. - Regular Town Council 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. 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). AGENDA TOWN HALL LOBBY RECEPTION (7:00 - 7:30 p.m.) CALL TO ORDER AND ROLL CALL Counciimember Bach, Councilmember Gram, Councilmember Slavitz, Vice Mayor Matthews, Mayor Thompson ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now. Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration and/or placed on a future Town Council meeting agenda. Please limit your comments to no more than three (3) minutes. Agenda - Town Council Meeting May 16, 2001 Page 2 of 3 CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion unless a request is made that an item be transferred to the Regular Agenda for separate discussion and consideration. Any ijem on the Regular Agenda may be moved to the Consent Calendar. (1) Approval of Town Council Minutes - April 18, 2001 (2) Denial of Appeal of Design Review Board Decision - 2090 Centro East, AP No. 59-133-02 - (Lany & Lacy Lang, ApplicantslAppellants) (a) Adoption of a Resolution of the Town Council of the Town of Tiburon Denying an Appeal by Lacy Lang of the Denial of a Sije Plan and ArcMectural Review and A Floor Area Exception for Property Located at 2090 Centro East Street (3) Parks & Open Space Recommendation to Purchase Park Furniture (Benches & Games Tables) at South Knoll Park & Cypress Hollow Park REGULAR AGENDA (4) Recommendation to Approve Employment Agreement - Authorization to enter into Agreement to Hire Matthew C. Odetto as Tiburon Police Chief (5) Recommendation by Town Manager - Authorize Condijional Award of Contract to Underground Construction Co. Inc. of Senicia for Stewart Drive Undergrounding Assessment District COUNCIL. STAFF, COMMITTEE REPORTS AND RECOMMENDATIONS WRITTEN COMMUNICATIONS Town Council Weekly Digest - May 4, 2001 Town Council Weekly Digest - May 11, 2001 ADJOURNMENT - to closed Session Agenda - Town Council Meeting May 16, 2001 Page 3 of 3 CLOSED SESSION Pursuant to California Government Code Sections 54950 et. seq., the Town Council will hold a closed Session. More specific information regarding this meeting is indicated below: CONFERENCE WITH LEGAL COUNSEL - CURRENT LITIGATION (Section 54956.9(a)) Masterson v. Majlessi et al. CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit - Tiburon Police Association Negotiator - Town Manager ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION ADJOURNMENT FUTURE MEETING DATES . May 19, 2001 (Town CouncillHomeowners' Association Workshop) . May 23, 2001 (Marin County Council of Mayors and Councilmembers - Ross) . May 30, 2001 (Town Council! POSC/Heritage & Arts Commissions Jt. WorKshop) FUTURE AGENDA ITEMS . Appeal of Design Review Board Denial of an Application to Construct a Fence at 35 Reed Ranch Road; AP# 34-301-02 - Ernest Ware, Applicant/Appellant) - (June 6) . Stewart Drive Undergrounding Assessment District - Discussion of Waiver of Town Fees - (June 6) . Adoption of Resolutions calling an Election for the Purpose of Electing Three Councilmembers (on November 6, 2001) and Consolidating Election with County of Marin - (June 20) . Presentation of Annual Heritage Preservation Award - (August 15) U"-' Alo. I TOWN COUNCIL MINUTES DRA~T CALL TO ORDE Mayor Thomp called the re on Wednes , April 18, 2001, . California. ar meeting of the Tiburon Town Council to order at 7:36 p.m. Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT COUNCILMEMBERS: Bach, Gram, Matthews, Mayor Thompson Slavitz PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Finance Director Stranzl, Director of Public Works Wilson, Chief of Police Odetto, Town Clerk Crane lacopi INTERVIEWS · Belvedere- Tiburon Library Agency Board of Directors - One Vacancy Council interviewed Victoria Fong, 182 Stewart Drive. ORAL COMMUNICATIONS None. CONSENT CALENDAR (I) Approval of Town Council Minutes - March 21,2001 (2) Approval of Town Council Minutes - April 4, 2001 (3) Approval of Town Council Minutes - April 11, 2001 (4) Recommendation to Approve Waiver of Annexation Agreement for Property located at 3310 Paradise Drive, AP No. 58-051-12 . (5) Receipt FY 2000-2001 Third Quarter Financial Report (6) Receipt of Town Monthly Investment Summary - (as of March 31,2001) Item 2 was continued due to the fact that a quorum of the Council present at that meeting was not present to approve the rninutes. Town Council Minutes #12-2001 April 18, 2001 Page 1 Item NO.3 was continued at Councilmember Bach's request for more details concerning the vote on certain items at the special meeting. MOTION: MOVED: VOTE: To approve Item Nos. I, 4, 5 and 6. Bach, Seconded by Gram AYES: Unanimous ABSENT: Slavitz REGULAR AGENDA (7) Recommendation for New Path from Pine Terrace to McKegney Green - Approval of Grant Application, Design Concept and Estimated Costs (a) Adoption of a Resolution of the Town Council of the Town ofTiburon Assuring Compliance with all Conditions and Requirements of the California State Coastal Conservancy Associated with the Allocation Of Bay Trail Grant Funds for Tiburon's Pine Terrace Path Improvements Proj ect Mayor Thompson said the focus of the item was Council adoption of a resolution so that the Town could apply for grant funds for the proposed pathway improvements. He noted that the actual design of the path was not under discussion and would go through a separate hearing process. Acting Town Engineer Wilson, filling in for Deputy Town Engineer John Huginin, gave the Staff report. He said the grant application had been submitted in order to secure funding for the path as an extension of the San Francisco Bay Trail. He concurred with Mayor Thompson that the actual design had not yet been "fixed" but that a proposal had been submitted with the grant application. Mr. Wilson said that the source of the funds was Proposition 12, the most recent parks and land acquisition initiative, and that $7.5 million of the funds had been allocated to the Coastal Conservancy for development of the Bay Trail. He said the Richardson Bay Lineal Park (or "Multi-Use Path") was a side loop off the trail and that the Pine Terrace path improvements would improve safety, and would be more accessible to people with disabilities and kids ridin" their bicycles to school. Acting Town Engineer Wilson described the proposed improvements as grading and realignment of the existing path, and a "beveling oft" of an extension in the opposition direction toward McKegney Green. In response to a question from Mayor Thompson, Wilson said the path would be about 4 feet wide in some areas, up to 10 feet in other areas. Town Council Minutes # 12-2001 April 18, 2001 Page 2 Mayor Thompson also asked how the new path would affect the big eucalyptus trees between the path and the Green. Mr. Wilson said the proposed design would avoid the two big eucalyptus trees near the bus stop but would take out some brush and maybe thin the dead branches of other trees. Engineer Wilson said the path was estimated to cost $77,000 of which 80% (or $61,600) was grant money with local matching funds of$15,400. He said this cost was based upon the installation of retaining walls in certain areas, although he also stated that the Town was looking at a "cheaper way" as well. In response to a question from Vice Mayor Matthews concerning the project's timing, Wilson said the grant application was submitted on April 16 and that Deputy Town Engineer Huginin expected a response in May. Mr. Wilson said an outstanding issue was the existing lease over a portion of the property belonging to the Pine Terrace Homeowners Association. Town Attorney Danforth addressed the issue. She said the Town had entered into a lease with the HOA in 1972, and the group, except for a couple of homeowners, had accepted an updated version. She said if the Council approved the proposed design in concept, she would send the lease back to the group and ask for a response within 30 days. At that point, ifthere were still not unanimous acceptance, she would bring the matter to Council to discuss alternate actions. Councilmember Bach asked if some of the grant money could be used to bolster an existing fence across the street from the path that was used for a short-cuts across Tiburon Boulevard. Acting Town Engineer Wilson agreed with Bach that the fence needed to be strengthened but said the focus of the plan was not on improvements to the other side of the street. Mayor Thompson opened the public hearing. Henry Broderick, interested resident, said he had sent a letter to the Mayor expressing concern about the large eucalyptus tree. He said he had acted too late when trees were removed at the Stewart Drive intersection and did not want to see it happen again. He encouraged Council to involve the public greatly in the design of the new path. Bill Tiedje, 30 Pine Terrace, said the property 170' beyond the fence where the vineyard was belonged to the Pine Terrace homeowners. He said 10 out of 12 owners would support the new path if the [large] eucalyptus remained. However, he said there were other issues of concern, such as parking on Pine Terrace (or shortage thereof) and safety hazards. Mr. Tiedje asked that the Town to prevent parking for soccer matches at McKegney Green in the neighboring areas. He said there were also concerns about drop-offs and pick-ups at Del Mar School. Town Council Minutes # 12-2001 April 18, 2001 Page 3 Mayor Thompson asked Mr. Tiedje to be sure to address the latter issue with the School Traffic Committee. He strongly encouraged Tiedje to put his concerns in writing to the Committee. Mr. Tiedje said it would be helpful if the Town brought some pressure to bear on the issue, as well. Finally, Mr. Tiedje said it was a good idea to discourage short-cuts but that barriers would be needed so that it was not a wasted effort. Doris Dantes, 25 Pine Terrace, handed a letter from Gail Smith, 20 Pine Terrace, to Mayor Thompson, and asked that it be part of the record. The concerns, as stated in the letter, were: 1. "The length of the lease should be five years only (not ten years), with the option to renew providing the term of the lease has not been violated. 2. No cost to the home owners for any attorney fees or court costs due to personal injury for those using the path. 3. One Dollar ($1.00) per year for renting the property does not cover any insurance costs to individual home owners; also the property could be leased for a greater dollar amount to outside sources. 4. Any costs incurred to restore property such as a six foot fence, etc. should be paid by Leasee, not the Lessor." Ms. Dantes, who said she was a trauma nurse at Marin General Hospital, said she was one of the "hold-outs" on the approval of the lease. She said the Town had failed to address the issues of increased traffic congestion and flow, and increased parking that a new path would have on the neighborhood. Ms. Dantes referred to Mr. Tiedje's testimony about the use of the neighborhood for parking, and said the Town had never enforced the provisions of the soccer permit [prohibiting parking in surrounding neighborhoods]. Ms. Dantes also wanted to know the exact zoning of the property in question. She said it was designated "park" in her deed but, according to the Tiburon Planning Department, it was zoned "public use." She said she would like this issue clarified. Finally, Ms. Dantes asked why the Town had to make the [new] path ADA compliant, and seemed concerned that it would affect the liability of the homeowners. Mayor Thompson noted that even public restaurants had to be ADA compliant, but said that even if the Town did not have to comply, he felt it was "the right thing to do." Ms. Dantes took Mayor Thompson's statement to mean that an increased usage of the path was contemplated by the Town. She said she wanted to discuss this and the other issues with the Town Attorney and have the "negative impacts" agendized by the Council for further hearing. Town Councii Minutes #12-2001 April 18. 2001 Page 4 She said she would be willing to work with the Town if the Town was willing to work with her (and the other homeowners) on resolving these concerns. Deirdre McCrohan, The Ark newspaper, asked how the accessibility would be enhanced from the current bus stop to the entrance of the path. Acting Town Engineer Wilson said that the Town's ADA consultant, Richard Skaff, said that if the sidewalk followed the slope of the highway, it was ADA compliant already and did not have to be changed. Mayor Thompson closed the public hearing. Councilmember Bach asked Town Attorney Danforth how leasing the property (versus ownership) would affect the grant application. She said the grant documents did not require ownership, nevertheless, she would recommend a longer lease with options to renew before the Town entered into any agreement with the homeowners. T own Attorney Danforth said that in addition to adopting the resolution authorizing the grant application, Council should at least express a conceptual approval of the design concept. Mayor Thompson asked if everything possibility was being done to preserve trees in the plan. Acting Town Engineer Wilson answered affirmatively. Both the Mayor and Vice Mayor said that the land lease issue and parking (enforcement) issues would be agendized for further discussion. Mayor Thompson noted that the Town had already painted many curbs reds in the area to discourage parking. MOTION: To adopt the resolution noted above. Moved: Matthews, seconded by Gram Vote: AYES: Unanimous ABSENT: Slavitz (8) Recommendation to Establish "No Parking Zone" -Intersection of Tiburon Boulevard and Lyford Drive (a) Adoption ofa Resolution of the Town Council ofthe Town ofTiburon Restricting Parking of Commercial Vehicles on the North Side of Tiburon Boulevard East of Lyford Drive and Fines for Such Violations Mayor Thompson asked Police ChiefOdetto whether the proposal pertained to both sides of Tiburon Boulevard. Odetto said it was just the north side, and that it would not prevent school parking on that side of the street. In his report, Chief Odetto said that the Town would restrict the use of the unpaved area by commercial vehicles, and that they would be required to obtain an encroachment permit from CAUTRANS in order to park there. Town Council }"finutes # 12-2001 April 18, 2001 Page 5 Odetto also said the proposed permits would limit the hours of work, and require clean up of the area after use. Mayor Thompson and Councilmember Bach asked about the Town's enforcement ability on a CAL/TRANS right-of-way. ChiefOdetto said that Town had received permission to install CAL/TRANS-approved signs, which would then allow the Tiburon Police Department to enforce the parking restrictions (through the issuance of fines). Town Manager McIntyre concurred. Mayor Thompson opened the public hearing. Lizette Bumbesti, 4 Lyford Drive, complained of dust, noise, diesel exhaust, and being awakened by trucks at 7:00 a.m. She said she was unable to open her windows during the summer, and that no one had said they could do anything about it. She described the problem as "absurd and obscene," and asked the Council to "find another place for the trucks." Jeff Clark, 4 Lyford Drive, said the creation ofthis truck staging area been inadvertently created by CAL/TRANS and the Town when it was widened to make an area for commuter parking. However, Mr. Clark said the area had never been used for the latter purpose. Clark said he appreciated the involvement of Town Manager McIntyre and Chief of Police Odetto in trying to resolve the issues. MOTION: To adopt the above resolution restricting parking by commercial vehicles in the proposed area and authorizing the issuance of fines. Bach, seconded by Matthews AYES: Unanimous ABSENT: Slavitz Moved Vote: COUNCIL. STAFF. COMMITTEE REPORTS AND RECOMMENDATIONS (9) Request by Town Clerk - Select dates for Heritage & Arts Commission and Parks & Open Space Commission Workshops with Town Council Mayor Thompson recommended holding a joint workshop with the both commissions. Council concurred. Date to be selected via e-mail canvass. WRITTEN COMMUNICATIONS Town Council Weekly Digest - April 6, 2001 Item No.2 - presentation by Congestion Management Agency. Council directed Town Manager McIntyre to schedule. Town Council Minutes # 12-2001 April 18, 2001 Page 6 Town Council Weekly Digest - April 13, 2001 Item NO.4 - Ecumenical Association for Housing letter regarding the creation of affordable housing for public employees and teachers. Town Manager McIntyre said he and RUSD Superintendent Chris Carter had met with the group to discuss the issue. Vice Mayor Matthews asked about a two-acre parcel ofland owned by the school district in the vicinity of Reed School. It was noted that the Town owned the other (one-acre) parcel, which was purchased with Open Space funds. Vice Mayor Matthews noted that Item No.3, letter to LAFCO prepared by Planning Director Anderson, was well written. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thompson adjourned the meeting at 8:36 p.m., sine die. ANDREW THOMPSON, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #12-2001 April 18, 2001 Page 7 -' TOWN OF TIBURON STAFF REpORT AGENDA NO.: :J- TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL FROM: SENIOR PLANNER WATROUS ~, TOWN MANAGER MCINTYRE ~ SUBJECT: ADOPTION OF RESOLUTION DENYING APPEAL OF DESIGN REVIEW BOARD DECISION TO DENY SITE PLAN AND ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF ADDmONS TO AN EXISTING SINGLE-FAMILY DWELLING, WITH A FLOOR AREA EXCEPTION (2090 CENTRO EAST STREET) REVIEWED BY: APPELLANT: LACY LANG APPLICANTS: SAME MEETING DATE: MAY 16, 2001 SUMMARY: On May 2,2001, the Town Council held a public hearing on an appeal of the Design Review Board's decision to deny a Site Plan and Architectural Review application for the conversion of unfinished lower floor area into habitable space for an existing single-family dwelling, with a Floor Area Exception, on property located at 2090 Centro East Street. At that meeting, the Town Council voted (3-2) to deny the appeal. A resolution has been prepared memorializing this decision, and is attached. RECOMMENDATION: Adopt the attached resolution denying the appeal. EXHmITS: Draft resolution TIBURON TOWN COUNCIL STAFF REPORT MAY 16,2001 1 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING AN APPEAL BY LACY LANG OF THE DENIAL OF SITE PLAN AND ARCHITECTURAL REVIEW AND A FLOOR AREA EXCEPTION FOR PROPERTY LOCATED AT 2090 CENTRO EAST STREET WHEREAS, in 1997, the Design Review Board reviewed and approved a Site Plan and Architectural Review application for the construction of a new single-family dwelling on property located at 2090 Centro East Street, proposed by Larry Lang; and WHEREAS, during the review of this application, the Board noted that the proposed house was designed with the absolute maximum floor area allowed under the Tiburon floor area ratio requirements, and raised concerns regarding the potential for crawl space within the proposed house to be later converted into additional floor area; and WHEREAS, the original develop of the now-existing dwelling, Mr. Lang, and Lacy Lang have applied for Site Plan and Architectural Review application for the conversion of unfinished lower building space into habitable floor area, with a Floor Area Exception, proposed by the developers and current owners of this house, Larry and Lacy Lang; and WHEREAS, on March 15, 2001, the Design Review Board held a public hearing to consider the Appellant's application; and WHEREAS, after receiving public testimony, including concerns raised by a representative of the Lyford Cove/Old Tiburon Homeowners Association, regarding the incompatibility of the requested floor area with the homes in the neighborhood, the Design Review Board was deadlocked (by a vote of2-2) in its determination of whether the proposed project was consistent with the guidelines for Site Plan and Architectural Review and Floor Area Exception applications, and therefore the Site Plan and Architectural Review and Floor Area Exception application for this property was denied; and WHEREAS, on March 26,2001, Lacy Lang ("Appellant"), owner of the subject property, filed an appeal of the Board's denial of this application; and WHEREAS, on May 2,2001, the Town Council of the Town ofTiburon held a duly- noticed public hearing on the appeal; during which public testimony was heard regarding the proposed floor area of the subject residence in comparison with other homes in the vicinity and the Design Review Board's review of the existing house on the site; and Tiburon Town Council Resolution No. 511612001 1 WHEREAS, after hearing all testimony and reviewing all documents in the record, the Town Council found that: 1) the existing house was originally approved at the absolute maximum floor area permitted for this property; 2) the Design Review Board, in its review of the original house, raised concerns regarding the potential for the conversion of unfinished lower building space into habitable floor area for this house; 3) the Appellant was aware of both the extent of the floor area of the house in relation to the Town's floor area ratio requirements and the Design Review Board's concerns for future expansion at the time the original house was approved; and 4) the proposed floor area would be inconsistent with the intent of the Town's floor area ratio requirements to discourage overdevelopment of property; and 5) the proposed floor area would be incompatible with the overall character of the surrounding sensitive Old Tiburon neighborhood, as a survey conducted by Town Staff indicates that the size of the subject house with the proposed floor area increase would exceed the size of every other residence in the immediate area with the exception of the home at 2050 Centro East Street, which is situated on a lot more than 2.5 times the size of the subject property. Further, although several other homes in this portion of Old Tiburon also exceed their respective floor area ratios, the requested floor area exception would exceed the permitted floor area ratio for the subject property by a greater margin than any other home in the vicinity; and 6) the Town Council is concerned with the recent proliferation of requests for Floor Area Exceptions, and intends to scrutinize such applications more carefully, recognizing that otherwise the function of the floor area ratio, as defined by Section 4.02.08 of the Tiburon Zoning Ordinance to "provide a 'community yardstick' for appropriate residential size and scale," shall be lost; and WHEREAS, based on the above findings, the Council determined to deny the appeal by the Appellants and uphold the Design Review Board's denial of the project (a vote of3-2). NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon memorializes that the appeal of Lacy Lang was denied on May 2,2001, as set forth in this resolution. Tiburon T aM1 Council Resolution No. 5/16/2001 2 PASSED AND ADOPTED at a regular meeting of the Town Council on May 16, 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ANDREW THOMPSON, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Tc:wn Council Resolution No. 5116/2001 3 TOWN OF TIBURON STAFF REpORT To: From: Subject: Date: ITEM NO. MEETING DATE: 5/16/01 TOWN COUNCIL ~-A- SCOTT ANDERSON, PLANNING DIRECTOR~ PURCHASE OF PARK FURNITURE MAY 11,2001 ALEX MCINTYRE, TOWN MANAGER 3 Rev. By: ~ The Parks & Open Space Commission has recommended the purchase of the following park furniture: South of Knoll Park . Two (2) six-foot long benches (new) . One (1) ten-foot long bench (new) . One (1) 3-seat game table (new) Cypress Hollow Park . One (I) game table (replacement) The total cost for the park furniture is $4,741.92. RECOMMENDA TION It is recommended that the Town Council approve the above purchases and authorize the following budget amendments Transfer $3,042 from the Park Development In-lieu fund for the purchase of the South at Knoll Park; and 2. Transfer $1,700 from the Cypress Hollow Landscaping & Lighting District for the purchase of the game table. Attachment TihurGn Town Council Slaj! I1epO,.1 I N T E R MEMO OFF ICE To: From: Subject: Date: Planning Director Assistant Superintendent of Public Works Park Benches April 23, 2001 Per your memorandum of April 9, 2001, these are the prices for the furniture recommended by the Parks & Open Space Commission. 3 #2140-6 Greenway Bench $1,335.00 2 #2053 3 Seat Game Tables 2.590.00 Sub-Total 3,925.00 Tax 274.75 Freight 542.17 TOTAL $4,741.92 There is a 30-day turnaround from order to delivery. If you would like these ordered, let me know. Thanks. Dave Davenport RECEIVED APR 2 3 2001 PLANNING DEPARTMENT TOWN OF TlBURDN TOWN OF TIBURON STAFF REPORT From: ITEM NO. f ALEX D. McINTYRE, TOWN MANAGER El'v(PLOYMENT AGREEMENT - POLICE CHIEF MATTHEW ODETTO To: Subject: Date: May 10, 2001 I am pleased to announce that Matthew Odetto has tentatively accepted the offer to become Tiburon's new Police Chief. Chief Odetto's official start date will be May 28, 2001. Late last year, when it was clear that now-retired Police Chief Herley was not returning to the Town, I approached Marin County Sheriff Bob Doyle to assist us with our need for an Interim Police Chief. The Town entered into an agreement with the Sheriff's Office and. after interviewing a number of candidates, Matt best met the Town's and the Department's needs Matt, who is a lieutenant with the Sheriff's office, has been with the Town since December 2001. Since his tenure with the Town, Matt has left a positive impression on staff, the Police Department and the public. I continue to receive compliments on Matt's performance and have a number of correspondences complimenting Matt on his handling and resolution of a number of situations. In fact, because of his impact on the Police Department, earlier this year, the Tiburon Police Association gave Matt their vote of confidence for the position. This highly unusual and unsolicited support further cemented my resolve to pursue him for the permanent position. The Town Council authorized me to negotiate an employment agreement with MaU. The agreement is attached and within the parameters set by the Town Council. Specifically, his agreement offers: . Salary - $104,000 per year . Retirement - Fully-paid PERS retirement similar to that of other Town Public Safety employees . Cafeteria Benefits - Similar to those received by other Department Heads with exceptions noted below . Vacation accrual for a 20-year employee = 21 days per year Town Council May 10, 2001 Page 2 of 2 . Sick leave bank - The Town will credit Matt with 50% of the sick leave credit he has with the Sheriff's Office at the time of his separation. This sick leave bank can only be applied towards a service retirement from the Town. There is no cash value to the sick leave. . Administrative Leave - 10 days per year . Education Reimbursement with a graduated payback schedule should Matt leave employment with the Town . Automobile provided . Uniform and safety gear provided . Severance clause - 6 months . Voluntary separation - requires 45 days notice Recommendation It is recommended that the Town Council approve the attached employment agreement with Matthew Odetto for the position of Police Chief with the Town of Tiburon. Attachment EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT ("Agreement") is effective as of May 27, 2001 by and between the Town of Tiburon (the "Town") and Matthew C. Odetto ("Employee"). RECITALS A The Town Manager desires to employ Employee as its Police Chief in order to retain Employee's experience, skills, abilities, background and knowledge, and is willing to engage Employee on the terms set forth below. B. Employee desires to work in the employ of the Town as its Police Chief and is willing to do so on the terms set forth below. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AGREEMENT, IT IS AGREED AS FOLLOWS: l. Emlllovment. On the terms and conditions contained in this Agreement, the Town employs Employee as its Police Chiet: and Employee accepts that employment. ~ Teml This Agreement shall commence effective May 27, 2001 and shall continue until terminated pursuant to the tenns of this Agreement. 3. Duties. Employee shall serve under the direction and supervision of the Town Manager. Employee shall perform all duties of the Police Chief described in the Town's Municipal Code and such other duties as may from time to time be established by the Town Manager. Employee shall devote Employee's entire professional, work and income-generating time, attention and effort to the business of the Town during the tenn of this Agreement. However, Employee may engage in charitable endeavors not involving employment or activities related to the business of the Town so long as such outside activities do not interfere with Employee's duties under this Agreement. 4 Compensation and Benefits Employee shall receive for Employee's services to the Town the following compensation and benefits 4. I Base Salarv. Employee shall receive a base salary of One Hundred and Four Thousand Dollars ($104,00000) per year. 4.2 Standard Mana~ement Emplovee Benefits. Except as otherwise provided in this Agreement, Employee shall receive all benefits ordinarily accorded to the Town's management personnel, and sllch other benefits as may be adopted by the Town for management personnel during the term of this Agreement These benefits include, without limitation, a monthly allowance that may be applied towards the purchase of medical insurance, dental insurance, life insurance, deferred compensation, long term disability insurance and dependant care benefits. The Town will also make available, as allowed by law, IRS Section 125 Benefits for dependent care and unreimbursed medical costs. 4.3 Sick. Vacation and Administrative Leave. (a) Employee will be credited with fifty percent (50%) of his accrued and unused sick leave at the time of his separation from employment with the Marin County Sheriff s Office ("Credited Sick Leave") as set forth is this Section. Any unused Credited Sick Leave shall be applied towards service credit at the time of Employee's retirement Employee shall not have the right to receive cash compensation for unused Credited Sick Leave. (b) Employee shall accrue sick leave on the same basis as other Town management personnel ("Town Sick Leave"). Before using Credited Sick Leave during his employment with the Town, Employee will be required to exhaust any accrued Town Sick Leave. (c) Employee will accrue 21 ( twenty-one) days of vacation per year, which accrual shall increase in accordance with the Tiburon policy for management personnel For purposes of calculating vacation accrual, the Town shall deem Employee to have been employed by the Town for a period of20 (twenty) years. At the discretion of the Town Manager, Employee shall also receive up to ten (10) days of administrative leave per year 4.4 Town Antomobile. The Employee's duties require him to be on-call during his employment by the Town. Accordingly, Employee shall have the use of a Town- owned automobile for personal and professional transportation. The Town shall equip the automobile in a manner appropriate for use by a Chief of Police. The Town shall maintain the automobile to a standard that renders it safe and reliable for the Employee's use and shall pay all fuel costs associated with operating the automobile. 4.5 Educational Pursuit aud Reimbursement. (a) Employee currently has an associate of arts degree. Employee will pursue and complete the post-secondary credits necessary to receive a bachelor's of arts or sciences in an area of study relevant to his employment with the Town. The Town will reimburse Employee for tuition, fees, books and miscellaneous expenses related to Employee's pursuit of a relevant bachelor's degree, provided that Employee receives a grade of "C" or better in each course and provides appropriate receipts for the expenses to be reimbursed. 2 (b) In the event that the Employee leaves the Town's employment within four years of receiving a bachelor's degree that qualifies for reimbursement under this section, the Employee will repay the Town according to the following schedule: (i) Within one year of receipt of degree: Employee will repay one hundred percent (100%) of those costs for which the Town reimbursed the Employee. (ii) Within two years of receipt of degree: Employee will repay seventy-five percent (75%) of those costs for which the Town reimbursed the Employee. (iii) Within three years of receipt of degree: Employee will repay fifty percent (50%) of those costs for which the Town reimbursed the Employee. (iv) Within four years of receipt of degree: Employee will repay twenty-five percent (25%) of those costs for which the Town reimbursed the Employee. (c) In the event that the Employee leaves the Town's employment without having received a bachelor's degree that qualifies for reimbursement under this section, the Employee will repay the Town one hundred percent (100%) of those costs tor which the Town reimbursed the Employee. 4.6 Retirement Employee will initiate membership into the Public Employees Retirement System of California, as a public safety member, and will be subject to the terms and benefits of that plan. The Town shall fully fund Employee's participation in the Public Employees Retirement System (PERS) 4.7. Professional Development. The Town will pay for the Employee's membership in appropriate professional law enforcement organizations, at the request of the Employee 5 Pe,formance Reviews. Employee's first Employee performance review shall be completed on or about December I, 2001 in the manner generally accorded to the Town's management personnel The Town Manager will conduct performance reviews annually on or about July 1 each year and will consider salary adjustments in conjunction with the performance evaluation. 6 At-Will Emplovment. Employee's employment is employment at-will of the Town Manager. Employment at-will may be terminated with or without cause and with or without notice at any 3 time by the Town Manager or Employee. Nothing in this Agreement shall limit the right of the Town Manager or Employee to terminate employment at-will. 7 Termination of Emolovment. 7.1 Termination bv Town. (a) Termination for Cause. Without limiting the at-will status of Employee's employment, the Town Manager may at any time terminate Employee's employment for cause. "Cause" shall mean, not by way of limitation (1) Employee's failure to carry out Employee's duties under this Agreement; or (2) Employee's failure to use Employee's best efforts to comply with the Town Manager's directives; or (3) Employee's gross carelessness or misconduct; or (4) the conviction of Employee of any felony. If the Town Manager terminates Employee's employment for cause, the Town's obligations under this Agreement to provide compensation and benefits to Employee shall terminate on the Employee's last day of employment. Employee shall continue to be bound by the provisions of Section 8 of this Agreement. No severance payment shall be made if the termination is for cause. (b) Termination Without Cause. If the Town Manager terminates Employee's employment for any reason other than for cause, the Town shall provide Employee with six months notice Should the Town choose not to provide Employee with notice. Employee is entitled to severance pay in the form of salary tor each day short of the six months required notice period. 7.2 Termination bv Emolovee Without limiting the at-will status of Employee's employment, Employee may resign from employment upon forty-five (45) days prior written notice to the Town. If Employee so resigns, the Town's obligations under this Agreement to provide compensation and benefits to Employee shall terminate on the Employee's last day of employment. Employee shall continue to be bound by the provisions of Section 8 of this Agreement. Should Employee retire, Employee shall provide the Town torty-five (45) days written notice. 8 Confidentialitv During the course of employment or at any other time, Employee agrees not to disclose, communicate, use to the detriment of the Town or for the benefit of any other person (including Employee) or misuse in any way any confidential information or data concerning the Town Employee acknowledges and agrees that all such confidential information received by Employee will be received in confidence and as a fiduciary of the Town 4 9 Miscellaneous. 91 Notices. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery if delivered personally or by overnight courier, or three (3) days after mailing if mailed by first class, registered or certified mail, postage prepaid, and return receipt requested. 9.2 Governin\! Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9.3 Severabilitv If any term of this Agreement is found by a court to be unenforceable, the remaining terms of this Agreement shall be deemed valid and enforceable to the full extent possible. 9.4 Entire A\!reement This Agreement constitutes the entire agreement of the parties with respect to Employee's employment and supersedes any and all prior oral or written negotiations, correspondence, understandings and agreements between the parties. 9.5 Modifications All modifications to this Agreement shall be in writing and signed by both parties. 9.6 ReJ)l'esentation Employee acknowledges that although this Agreement has resulted trom negotiations between the parties, the Town has retained its legal counsel to prepare the Agreement. Employee further acknowledges that the Town has advised him to seek the advice of his own attorney and accountant in connection with the signing of this Agreement. Employee further acknowledges that ifhe has not consulted with his own attorney and/or accountant, he has not done so at his own choosing. The parties agree that the normal rule of construction against the drafting party shall not apply. 5 IN WITNESS WHEREOF, this Agreement shall be effective as of the day and year written above Dated M~ \\! trot Dated M~ \\1 'WOI_ TOWN OF T. URON EMPLOYEE ltiftLtt;? ..........MATT w c. ODE. 0 APPROVED AS TO FORM ~e((it Town Attorney H\Manager\Agree111ents\Chiefs Empl Ag.doc 6 TOWN OF TIBURON STAFF REPORT ITEM NO. ~ From: MAYOR AND MEMBERS OF THE TOWN~NCIL ALEX D. MciNTYRE, TOWN MANAGER ~ To: Subject: Stewart Drive Underground District - Conditional Award of Bid to Underground Construction Co., Inc. Date: May 11, 2001 The Town Council will be asked to accept the bid and conditionally award a contract to undertake construction of the improvements of the Stewart Drive Undergrounding Assessment District to Underqround Construction Company of Benicia. Background Briefly, the project scope includes the undergrounding of all franchised utilities in the District and, as an option and as a means to achieve the greatest economy of scale, includes the private individual connections as well. Each property owner will be able to use Underqround Construction Company for their private improvements or their own contractor to complete the private portion of the project. The Engineer's Estimate for the entire project was $1,071,765 The Town appropriately advertised bids for the abovementioned project. On April 26, 2001, the Town conducted a bid opening and received the following four bids: Bidder WR Forde, (Richmond, CA) Leo Tidwell Excavating (Paso Robles, CA) Maggiora & Ghilotti (San Rafael, CA) Underground Construction (Benicia, CA) Bid Amount $ 3,684,135 $ 2,149,046 $ 1,588,888 $ 1,036,540 Underground Construction Co. submitted the lowest bid at $1,036,540, which is $35,225 less than the Engineer's Estimate. The contract will deem to have been awarded upon the successful issuance and sale of the bonds of the Stewart Drive Undergrounding Assessment District. Construction should begin after July 1, 2001 and be completed by the end of the year. Town Council May 11,2001 Page 2 of 2 Analysis Staff has reviewed the low bid to ensure that it is complete in scope, and to verify the calculations contained therein. Staff has also reviewed the company financial statements, and requested independent financial reports from Dun & Bradstreet in order to ascertain the company's current financial condition. It appears that the bid is complete in scope, and the verification of the calculated figures is complete, with some minor discrepancies remaining to be confirmed and resolved. The financial condition of the company is good, and their performance with respect to industry norms is well above average. Typically, capital projects of this size include a ten-percent contingency as a reserve for unanticipated circumstances This project budget includes a construction contingency allocation of approximately $60,000, which amount to approximately five-percent of the estimated construction cost of the proposed public improvements. Should there be problems during construction that call for the use of contingency monies in excess of $60,000, the Town Council needs to be advised that they may be required to consider appropriation of Town monies to the project. Recommendation It is recommended that Town Council conditionally award the construction contract to Underqround Construction Co. Inc of Benicia, contingent upon the successful issuance and sale of the bonds of the Stewart Drive Undergrounding Assessment District. -'