HomeMy WebLinkAboutTC Agd Pkt 2001-10-17
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TOWN OF TIBURON
Town Council Chambers
1505 Tiburon Boulevard
Tiburon, CA 94920
VVednesday, October 17, 2001
7:15 p.m. - Closed Session
7:30 p.m. - 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.
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
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- PENDING LITIGATION
(Section 54956.9(b)
Name of Claimant: Lucy Forbush
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
(Section 54956.9(c)
One (1) case. (To specifically identify the litigation would jeopardize the Town's ability to conclude existing
settlement negotiations to the Town's advantage)
CALL TO ORDER AND ROLL CALL
Councilmember Bach, Councilmember Gram, Council member Slavitz, Vice Mayor Matthews, Mayor Thompson
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY
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Agenda - Town Council Meeting
October 17, 2(101
Page 2 of 3
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.
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 Rem
on the Regular Agenda may be moved to the Consent Calendar.
(1) Approval of Town Council Minutes - October 3,2001
(2) Report by Planning Director - Annual General Plan Status Report
(3) Recommendation by Finance Director - Accept Annual Audit Report for Fiscal Year 2000-2001
(4) Report by Finance Director - First Quarter Financial Report for Fiscal Year 2001-2002
(5) Request by Mayor - Adoption of a Proclamation Recognizing the Reed Union School District and
Bel Aire School for Winning a Presidential Blue Ribbon Award
(a) A Proclamation of the Town Council of the Town of Tiburon
Recognizing the Reed Union School District and Bel Aire
School For Winning a Presidential Blue Ribbon Award
(6) Recommendation by Town Manager - Town Attorney Compensation Package
a) Amend Employment Agreement with Town Attorney Ann R. Danforth
b) A Resolution of the Town Council of the Town of Tiburon
Amending Resolution No. 44-2001 Which Established a
Management Recognition and Incentive Compensation
Program
(7) Recommendation by Town Attorney - Approve Amicus Brief Request - Lowenstein v. City of
Lafayette
REGULAR AGENDA
(8) Recommendation by Town Manager - Purchase of Below Market Rate Unit at PI. Tiburon Marsh
(32 Marsh Road)
(9) Recommendation by Town Manager - Chamber of Commerce Request for $2,000 for Holiday
Parade
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Agenda - Town Council Meeting
October 17, 2001
Page 3 of 3
PUBLIC HEARING
(10) Recommendation by Town Attorney - Add Chapter 24 to Town Code Providing that Property
Owners Shall Be Directly Liable to the Public for the Maintenance of Sidewalks
Introduction and First Reading of Ordinance (Read by Title Only)
(a) An Ordinance of the Town Council of the Town of Tiburon
Adding Chapter 24 of the Tiburon Municipal Code
Regarding Maintenance of Sidewalks
WRITTEN COMMUNICATIONS
Town Council Weekly Digest - October 5, 2001
Town Council Weekly Digest - October 12, 2001
ADJOURNMENT
FUTURE MEETINGS
October 22, 2001 - Closed Session - Town Manager Evaluation
October 24, 2001 - MCCMC - Sa usa lito
November 7, 2001 - Regular Town Council Meeting
November 14, 2001 - MCCMC - Tiburon
CANCELLED - November 21, 2001 - Regular Town Council Meeting
December 5, 2001 - Regular Town Council Meeting
FUTURE AGENDA ITEMS
. Approval of Downtown Design Guidelines Handbook - (November 7)
. Review of Noise Regulations in Downtown area - (November 7)
. Design Review Approval of Fence located at 223 Diviso Street pursuant to Agreement for the Settlement
of Brieant et al. v. Heirs of Lyford et. al- (November 7)
. Financial Trends Report - (November 7)
. Review of a Policy for Fines Related to Building Permn Extensions - (November 7)
. Tiburon Peninsula Traffic Safety Committee Report - (November 7)
. Application for New Year's Eve Bonfire at Blackies Pasture - (November 7)
. Review of Ferry Access Project - (December 5)
. Tiburon Court Precise Development Plan - (December 5)
. Railroad Marsh Management Plan - (December 5)
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TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Thompso.!l~caHedthiire!'!~~eting oft~e Tiburon Town Co~nciI to order at 7:4~ p.m.
on wednesdc,October 3,. 2001, in Jjwn Council Chambers, 1505 Tlburon Boulevard, Tlburon,
California. .".. .
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ROLL CALL
PRESENT COUNCILMEMBERS
Bach, Gram, Matthews, SIavitz, Mayor Thompson
PRESENT EX OFFICIO
Town Manager McIntyre, Assistant to the Town
Manager McVeigh, Town Attorney Danforth,
Planning Director Anderson, Finance Director
StranzI, Director of Public Works Echols, Chief of
Police Odetto, Town Clerk Crane Iacopi
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957)
Title: Town Manager
Title: Town Attorney
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY
Mayor Thompson said that no action was taken in closed session.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
(1) Approval of Town Council Minutes - September 19, 2001
(2) Report by Finance Director - Monthly Investment Summary Report (August 31,2001)
(3) Recommendation by Finance Director - Approval of a $15,000 Budget Amendment
Pertaining to Landscaping for the Greenwood Beach Road Drainage Project
(4) Recommendation by Joint Recreation Committee - Amendment to Joint Powers Agreement
to Change Regular Meeting Schedule from Monthly to Bi-monthIy
(5) Recommendation by Director of Public Works/Town Engineer - Request for Approval of
Plans and Specifications and Authorization to Bid - Centro WestlRaccoon Lane Drainage
Project
Town Council AfinUles #25-2001
October 3, 2001
Page 1
(6) Recommendation by Planning Director - Resolution of Commendation
(a) A Resolution of the Town Council of the Town of Tiburon
Commending Associate Planner Emi Theriault for her
Distinguished Service to the Town
(7) Recommendation by Planning Director - Adoption of Resolution Amending the Cypress
Hollow Precise Development Plan for 70 Cypress Hollow Drive
(a) A Resolution of the Town Council of the Town of Tiburon
Approving an Amendment to the Cypress Hollow Precise
Development Plan (PD #45) to Allow Increased Floor Area
for the Property Located at 70 Cypress Hollow Drive
MOTION:
Moved:
Vote:
To adopt Consent Calendar Items 1 through 7, above.
Gram, Seconded by Slavitz
AYES: Unanimous
REGULAR AGENDA
(8) Request by Committee to Rebuilt Reed Schools - Resolution in Support of Measure C - Reed
Union School District $38 Million Facilities Bond Measure
(a) A Resolution of the Town Council of the Town ofTiburon
In Support of Measure C for the Reed Union School District
$38 Million Facilities Bond Measure
Reed Union School District Superintendent Chris Carter said passage of the bond measure would
ensure that the District's facilities matched its excellent programs and would augment them by
adding two new libraries, new classrooms and special education facilities, as well as provide
facilities for the Jt. Recreation Department. Carter said that use of the funds would be managed
not only by the RUSD Board, but by a Citizens Oversight Committee, as well.
Ms. Carter noted the problems with existing, aging facilities. She also said the District must keep
pace with the projected 30% population growth based on the year 2000 birth rate.
Vice Mayor Matthews asked Ms. Carter if the bond measure included building a new gymnasium.
Ms. Carter said that it did not, only that air conditioning would be added to the existing Del Mar
gym.
Mayor Thompson, who said he was on the bond measure committee, commended Ms. Carter and
noted for the public the fact that _Bel Aire School had received a Presidential Blue Ribbon Award,
one of only 260 awarded nationwide.
Town Council .i.\Iinutes #25-2001
October 3, 2001
Page 2
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Councilmember Slavitz also commended Ms. Carter and said the District was lucky to have her in
charge of its programs.
MOTION
Moved:
Vote:
To adopt resolution in support of Measure C
SIavitz, seconded by Gram
AYES: Unanimous
(9) Recommendation by Finance Director - Reallocation of Un allocated Reserve Proceeds
Finance Director Stranzl noted that it was customary for the Town Council to review the status of
the Town's General Fund Reserves annually and to reallocate reserves based upon adopted policy
guidelines and projected operating and capital improvement program requirements.
Stranzl said the financial statements for year-end 2000-01 showed a General Fund Reserve
balance of$4, 183,000, of which $2,290,000 was in unallocated reserves. He noted the Town's
Financial Policies, adopted in July, required no less than a 25% reserve balance.
After meeting with the Town's Finance Committee, Director StranzI reported that the Town
Council would be presented with a five-year capital improvement plan at the beginning of the new
fiscal year, and that the following recommendations were made:
. Reallocate $983,000 among the General Fund reserves and to transfer $150,000 from the
General Fun Unallocated Reserve to the Long-Range Planning Fund in order to properly fund
the General Plan project update.
· Establish a new Designated Reserve Fund called 'Traffic System Reserve" to be used for
traffic circulation and signalization improvement projects
· Rename certain Reserve Funds to better reflect their purpose and intended use.
Stranzl asked for authorization to transfer $887,000 from the Town's unallocated reserved to
designated reserves, adjust certain existing reserves, and to rename certain funds, as follows:
. Capital Equipment Replacement ($118,000)
. Capital Outlay (renamed Infrastructure & Facility) $150,000
. Employee Housing Assistance $100,000
· Park Improvement (formerly Park Development) $143,000
· Public Works Corp Yard Replacement (formerly Improvement) $ 90,000
· SeIfInsurance $(128,000)
. Disaster Response (formerly Storm Damage) $ 0
. Drainage (formerly Streets and Drainage) $200,000
· Traffic System (new) $300,000
Mayor Thompson opened and closed the public hearing. There was no public comment.
CounciImember Gram commented on the recent economic downturn due to national events and
Town Council Jiinlltes #25-2001
October 3, 2001
Page 3
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said it would be prudent to "step back and look at" the Town's fiscal position. He noted the
Town's reliance on hotel revenues and other sources of income.
Town Manager McIntyre and Finance Director StranzI said that Staff would prepare a report on
the economic trends and their effect on the Town. Stranzl said that there had already been a
slow-down in construction activity.
MOTION:
To approve the reallocation and fund transfers and renaming of certain funds as
stated above.
Bach, seconded by Matthews
AYES: Unanimous
Moved:
Vote:
(10) Recommendation by Town Attorney - Proposed Noise Regulation in Downtown Area
T own Attorney Danforth said the report had been prepared at Council's request to address
complaints mainly from Corinthian Island residents concerning noise emanating from the
downtown area. She said that the Chief of Police and Planning Director had also collaborated on
the report and their recommendations were based, in part, on meetings with local business owners
and residents.
Ms. Danforth noted that the downtown area had long been home to bars, restaurants and a
marina. At the July 18 Town Council hearing on noise issues in the downtown area, a suggestion
had been made to regulate decibel levels. After researching this form of regulation by other
jurisdictions, Staff had concluded that it was neither simple nor easy to enforce and that it was
very labor intensive. As a result, Ms. Danforth said, many laws regulating decibel levels were in
fact not enforced.
Town Attorney Danforth said the recommendations compiled by Town Staff would be more
effective because they proposed regulating the activities which caused the noise and about which
the complaints were tallied. She went on to list the categories of noise that were the object of the
complaints by residents and possible solutions.
Danforth said that Staff recommended further limiting the hours when commercial vehicles and
garbage trucks could be on Main Street due to complaints about early morning disturbance. The
Town could also limit the hours of use of cleaning equipment, however, Ms. Danforth posed the
question of whether the community would be better served by allowing such vehicles on the street
during normal business hours.
Danforth said that Staff also recommended continued enforcement of the existing hours of
construction activity. She said the Town prohibited construction noise before 7:00 a,m. and
imposed fines of $500 for the first offense, and one, two and three thousand dollars per
subsequent offense.
Town Council Alinutes #25-2001
October 3. 2001
Poge 4
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As to noise emanating from the Corinthian Yacht Club, Ms. Danforth noted that the facility was
not located within the Town ofTiburon and therefore was not subject to its regulations. She said
one possible solution was to seek cooperation for regulation from the City of Belvedere.
Ms. Danforth noted that the Town issued permits for amplified music and any violation of the
current ordinance would result in a fine of $1 03. She suggested that the Council could expand
the ban on amplified music to residential areas since it currently only applied to commercial areas.
As to "loud" boats at the marina, the Town Attorney pointed out that the Town lacks the
resources to enforce regulations vessels on the water, and only has authority to regulate vessels in
Tiburon waters. She also noted that the problem mainly occurred on the weekends.
In addressing the complaint about noise from collection of recyclables late at night, Ms. Danforth
said that Staff thought the best solution would be to ask the restaurants to secure their materials
voluntarily since catching the "independents" was not an easy thing to do.
Finally, Ms Danforth addressed the issue of noise from gas-powered Ieafblowers and once again
pointed out that the Town had existing regulations governing them. She said that Council could
consider further regulation as a matter of policy.
In summation of the above, Danforth suggested that Council could direct Staff to:
Prepare an ordinance prohibiting operation of refuse collection trucks and commercial vehicles
on Main Street between the hours of 10:00 p.m. and 7:00 a.m.;
2. Educate the public regarding existing regulations of other noise sources and appropriate
means of enforcing those regulations; and
3. Work with the downtown businesses and Mill Valley Refuse to develop a means of securing
recyclable materials until they can be collected.
CounciImember SIavitz asked if Staff had considered expanding the early morning garbage
collection ban beyond the downtown area. Danforth said that Staff had considered it but said it
was like "squeezing a balloon" because they would only start earlier somewhere else. She also
pointed out that Mill Valley Refuse franchise agreement allowed garbage collection between 5:00
a.m. and 8:00 a.m., which was industry standard.
Mayor Thompson opened the public hearing.
Ron Riskin, Corinthian Island resident, spoke against regulation based on specifics and said it
would be preferable to have an ordinance similar to other jurisdictions that described what is
"reasonable" and "not reasonable" when it came to noise and decibel levels.
Riskin said that he and his neighbors were concerned about the combination of unreasonable noise
at unreasonable hours.
Town Council Minutes #15-2001
October 3. 2001
Poge 5
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He questioned how effective Staff's recommendations might be when he said they had been
unable to substantiate the claim by residents that Mill Valley Refuse in fact was collecting garbage
before 7:00 a.m. contrary to a verbal agreement with the Town. Riskin said he was jogging at
525 am. and had witnessed a truck loading garbage on Corinthian Island at 5:25 a.m.
He read an excerpt from the Mill Valley ordinance, which contained prohibitions on "willfully
making noise that disturbs a 'reasonable person.'" He urged Council to give the Tiburon Police
Department some reasonable way to deal with these problems.
Town Attorney Danforth said that Staff had looked carefully at the Mill Valley ordinance, which
was 14 pages long.
Councilmember Slavitz asked Chief of Police Odetto whether he thought the lack of a noise
ordinance was inhibiting Tiburon police officers from enforcement of Town regulations.
Chief Odetto said it was preferable to identifY what was causing the noise first. He agreed with
Mr. Riskin that 2:30 a.m. was an "unreasonable" hour for noise of any kind.
George Landau, SugarloafDrive, said it was not just sleep that was disturbed. He said that gas-
powered Ieafblowers disturbed those who work at home during the day and gave the example of
14 "normal communities" that had banned them. He asked the Council to do the same.
Bill Lukens, President of Lyford's Cove/Old Tiburon Homeowners' Association, said amplified
music emanating from the Corinthian Yacht Club and Guaymas Restaurant was a problem for
people who liked to sleep after 10:00 p,m. He asked Council to ban amplified music after 10:00
p.m., including weekends.
Mayor Thompson asked Staff to clarifY the Town's policy on amplified music. Town Attorney
Danforth said that amplified music that could be heard more than 50 feet away from its source
was in violation of the Town code.
Danforth said that the Town rarely issued permits for amplified music. She stated that when the
Tiburon Police received complaints pertaining to loud noise or parties, they e usually went to the
address and asked the residents to mitigate the problem. She stated that this approach was
generally successful.
Mr. Lukens contested the statement that permits were rarely issued and said that even if there was
a permit, the music could still be too loud, He said the sound of music from the open deck at
Guaymas and Corinthian Yacht Club could be heard at his home even though he had double-
paned windows.
Town Attorney Danforth suggested that Mr, Lukens call the police if the music was audible from
more than 50 feet.
Town Council Alinutes #25-2001
October 3, 200 I
Page 6
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Fred Mayo, 60 Eastview, Corinthian Island, said he agreed with Mr. Riskin and said that noise
during the night was a "quality oflife" issue for he and his neighbors.
George Swift, 71 Eastview, 40 year resident, said he had sent hundreds ofletters to the Town
over the years concerning the noise issue, and said what was needed was an "ordinance with
teeth." He said the police had told him repeatedly that they had no basis for enforcement and
suggested that Council adopt an ordinance on a 10-month trial basis.
Mr. Swift said he agreed with the recommendation that came as a result of meetings with Town
Staff, Mill Valley Refuse, and downtown businesses, to keep garbage trucks and commercial
deliveries off Main Street until 8:00 a.m.
He suggested controlling the music at Guaymas and Corinthian Yacht Club by keeping it
"confined within the walls."
Swift still complained ofloud cigarette boats and said that restaurants or the Town could be liable
if the operators were drunk and struck other vehicles.
Alice Strauss, 18 19 Mar West, said the downtown area had a long history of providing
entertainment and suggested that the Town let the "youngsters" have some fun.
Jim Iavarone, Mill Valley Refuse, said he had no opinion about an ordinance per se, but said the
company did in fact have a verbal agreement with the Town not to collect refuse on Main Street
before 700 am. on weekdays and 8:00 a.m. on weekends and holidays. However, he said that
agreement pertained to downtown only and that Corinthian Island collection, which took place
twice a week, started as early as 5:30 a.m. as part of the franchise agreement.
Mr. Iavarone explained to Council and the public the reasons for early garbage collection when
the streets were deserted which allowed them to work better and faster. He said the trucks had
to get in and out of commercial lots before they filled up.
In response to a question from Mayor Thompson, he said there were two trucks that came to
Tiburon to serve the residential areas, one for the commercial areas, and a smaller truck for
narrow streets and driveways. In addition to these vehicles, Mr. Iavarone said there were "green
can" trucks every other week as well as recycling trucks that came to the Peninsula.
Iavarone said that Mill Valley Refuse opened its doors at 4:30 a.m. The drivers then had to go to
the dump to get rid of their loads collected the day before and then went to their appointed route
locations and collected from approximately 5:30 a.m. until I I :30 a.m.
Councilmember SIavitz asked if additional trucks could be added in order to start collection time
at 7:00 a.m.
III
Town Council Alinutes #25-2001
October 3, 2001
Page 7
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Mr. Iavarone said that the company just went through a reorganization and staff reduction. He
also said that more trucks would cost more to the ratepayer. However, he said that point was
that the early hour(s) of deserted street allowed them to actually finish their work by 11:30 a.m.
Iavarone said that collecting on Main Street took about one hour every day and that the company
had been willing to live with the 7:00 a.m. start time.
Councilmember Gram asked if there was any way to quiet the trucks and their crushing devices by
adding "rubberized" materials to the dumpsters and truck components.
Mr. Iavarone said the containers did bang against a rubberized pad on the trucks but that the
blade crushers did make noise in their operation. He said the company didn't design trucks.
CounciImember Matthews asked Mr. Iavarone to veritY the hours of downtown garbage
collection since Mr. Riskin had said that it took place before 7:00 a.m.
Mr. Iavarone verified the hours but pointed out that there were other trucks, such as grease
collection trucks, that did not belong to Mill Valley Refuse. However, he confirmed that the 7:00
and 800 am. collection hours pertained not only to lower Main Street but to Ark Row as well.
Steve Sears, owner of Sam's Anchor Cafe, said he wanted to work with Messrs. Swift and Riskin
on the quality oflife on the "Tiburon Riviera."
Me. Sears vouched for the Mill Valley Refuse agreement with the Town but said he thought they
had reached agreement to change the hours of collection from 7:00 a.m. to 8:00 a.m. and to ban
all trucks from Main Street until that time.
Council member Gram asked Mr. Sears whether he secured his "recyclables". Mr. Sears said that
he had secured his but that that Guaymas and Servino' s restaurants had not. However, he said he
had spoken with the chefs of those restaurants and told them they had to padlock the areas. Sears
suggested that Council give the police time to communicate with the restaurants before taking
further action.
Mayor Thompson said he had concluded that what was needed was a "simple but enforceable"
ordinance.
Cynthia Marques, Corinthian Island, said the custodial staff at Corinthian Yacht Club also made a
lot of noise when they threw out bottles.
Noe Riskin, Corinthian Island, again asked Council not to address specifics but to adopt a more
general ordinance.
Mayor Thompson closed the public hearing.
Town Council Minutes #25-2001
October 3, 2001
Page 8
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While Council expressed sympathy with the concerns of the Corinthian Island and other Town
residents, there was consensus that Staff was taking the right tack in trying to address the causes
of the noise rather than create a "blanket" ordinance, and to concentrate on enforcement of
current Town ordinances.
Council directed Staff to a) return with an ordinance that would regulate operation, use or
presence of commercial trucks on Main Street between the hours of 10 p.m. and 7 a.m. on
weekdays and 10 p.m. and 8 a.m. on weekends and holidays; b) approach the City of Belvedere to
discuss noise issues pertaining to Corinthian Yacht Club; c) follow-up with downtown business
owners to ensure that "recyclables" are secured; d) check with other municipalities to determine
successes in banning gas-powered leaf blowers; e) publish in the next Town Newsletter
information on Town regulations pertaining to "quality oflife" issues; f) follow-up and take action
on complaints regarding amplified music in commercial areas that emanates more than 50 feet per
Town ordinance.
PUBLIC HEARING
( 11 ) Request for Amendment to Hexan Precise Plan (PD # 1) to Establish a Fencing Only
Building Envelop for Lot 4
Address:
Ownerl Applicant:
Assessor's Parcel No.:
18 Cibrian Drive
Randall and Sandra Huyser
38-044-42
Planning Director Anderson said the request pertained to a two-acre parcel of which 12,500
square feet would be enclosed by a fence, leaving over half of the lot in an "open" condition.
Anderson noted that the Hexan Precise Plan, approved in the early 1980' s, did not allow
structures, including fences, to be constructed outside the building envelopes on each lot and that
was the purpose of the requested amendment for this lot:
Anderson said the applicants, Mr. & Mrs. Huyser, were currently constructing a swimming pool
in the secondary building envelope and wanted a fence that would serve the dual purpose of pool
enclosure and deer barrier. The fence would consist of six-foot high wood post and wire mesh.
He said that all of the neighbors had been noticed and were aware of the request.
In response to a question from Mayor Thompson, he said that although there were no story poles,
a temporary fence was in place that covered some of the proposed area, The Planning Director
also said that it was possible to see a small portion of the fence from the Paradise Drive area.
Planning Director Anderson said that Staff had recommended approval of the application to the
Planning Commission provided that the proposed fence was set back 10 feet from the western
property line and made more curvilinear at the lower western edge. The Planning Commission
recommended approval of the Precise Plan amendment to the Council while allowing the
applicants' request to place a portion of the fence along the western boundary, as it would reduce
Town Council A,finutes #25-2001
October 3, 2001
Page 9
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the visual impact of the fence and would not detract from the intended "openness" of the original
subdivision as set forth in the Precise Plan.
Mayor Thompson opened and closed the public hearing. There was no public comment.
MOTION:
To adopt the resolution approving the Hexan Precise Plan amendment for Lot 4,
located at 18 Cibrian Drive
Bach, seconded by SIavitz
AYES: Unanimous
Moved:
Vote:
(12) Report by Planning Director - Review and Approval of Downtown Design Guidelines
Council waived the Staff report. Mayor Thompson asked for comments from Council and the
public.
Steve Sears, member of the Steering Committee that provided guidance for preparation of the
handbook, said the design firm had a good grasp on the downtown area and was good to work
with. He commended Planning Director Anderson and Stephen Wheeler (consultant) for their
efforts.
Bill Lukens agreed with Mr. Sears that the Committee and designers did an "outstanding job of
putting into print a model to follow" for the downtown area in the future. Lukens said the
guidelines were "tasteful yet preserved character" However, he commented that there was too
much light emanating from downtown and noted that the guidelines recommended voiding or
removal of some of the lights.
Chris Morrison, resident and business owner on Ark Row, said the handbook was a "masterpiece
of a document."
Mayor Thompson also commented that this was the first time the Town had tried to "get its arms
around" what the downtown should look like in order to preserve its character for the future.
CounciImember Gram said the process, which began four years earlier, had produced a "strong
document." However, he said he wanted to add his comments and also to see the comments of
the Design Review Board before recommending approval.
CounciImember Gram said one concern focused on why the designers recommended deciduous
trees in the downtown area.
Consultant Stephen Wheeler responded by stating that the guidelines were developed by the
Steering Committee in conjunction with the design team. He said he favored deciduous trees
because they allowed sunlight in during the winter months, and that broadIeaf evergreens had
heavy canopies that obscured signage and building facades. Mr. Wheeler also said that there were
currently deciduous trees only on Tiburon Boulevard.
Tmvn Council ADnutes #25-2001
October 3, 2001
Page 10
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Wheeler said his experience in working on a urban design project in downtown Santa Cruz had
colored his thinking because the merchants there had complained about the ficus trees on Pacific
Avenue, which was also a business district. Wheeler pointed out that one of the purposes of the
ferry plaza project, as well as the goal of the Main Street merchants, was to encourage pedestrian
activity and congregation in the downtown and fountain plaza areas.
Wheeler said that another benefit of deciduous trees was to add color and flowers in the Spring,
as opposed to the addition of flower boxes on the already narrow sidewalks of Main Street.
Mr. Wheeler spoke of the "unique character" of downtown Tiburon and the three distinct areas,
Ark Row, Main Street, and Tiburon Boulevard, which were the focus of the Downtown Design
Guidelines handbook
He described the "historical simplicity" of Main Street, the "residential feel" of Ark Row, and said
that if you tried to "unifY" the areas through additional planting of trees or the addition of flower
boxes, it would blur the uniqueness of the three areas. He said the Steering Committee concurred
that flower boxes would not enhance the storefronts or businesses on Main Street, but could work
on Ark Row because of its "bohemian" character.
Councilmember Gram said that even though the Town had recently completed the Main Street
Reconstruction Project, he thought it could be improved upon and needed the "warmth" of some
plants to balance its "sterile" look
Mr. Wheeler said it was a valid comment and agreed that Main Street was not "perfect," but
noted that the Committee wanted to focus on the buildings and commercial displays and bringing
people to the downtown area. He said that "people make a space."
Steve Sears concurred. He said that prior to working with the design team, the Town had a
"landscape plan" for downtown based upon recommendations by Mr. Zelinsky after observing the
downtown areas of some European cities. Mr. Sears said that after working with the committee
and consultants, his opinion had changed and he no longer thought it was as important to make
Main Street look like a European city.
Mayor Thompson commented that he thought a "hybrid" plan could be worked out. He proposed
windowsill boxes or hanging flowers as an option.
However, Thompson pointed out that the sidewalks had just been widened on Main Street for
pedestrian access and safety and that they should not be blocked.
Steve Sears said that the Heritage & Arts Commission had unanimously voted against hanging
flower baskets.
Mr. Wheeler said the goal was to use stores, signage and design to draw people into downtown.
He said planter boxes had a more "residential feel" to them.
Town Council A/inures #25-2001
October 3, 2001
Page 11
.
CounciImember Gram said he would revise his written comments based upon the discussion and
give them to Staff for further review before Council considered the matter again,
Mayor Thompson asked if there was further public comment.
Kathryn Servino said she would like to see more plants or planter boxes on Main Street because it
seemed "overwhelmingly stark" since its reconstruction.
Helen Lindqvist said she had just returned from Corvallis, Oregon and said the hanging baskets
there, along with trash containers with flower "pockets" really "warmed up" the landscape.
Mayor Thompson closed the public hearing.
Thompson said that the designers' recommendation to move the tall trees from the median strips
on Tiburon Boulevard to the sides of the boulevard was a good one, and that it would create a
"frame" ofMt. TamaIpais in the distance.
Councilmember Gram said he liked evergreen trees, but suggested that the guidelines delete the
word "deciduous" and just say "trees"
Councilmember Slavitz thought it might be possible to have a mixture of deciduous and evergreen
trees downtown. He also said he was impressed with the handbook and the positive comments by
the Planning Commission and Design Review Board.
CounciImember Gram said that some of the photographs, such as those of Monterey and
Copenhagen, should be removed from the handbook so as not to be construed by future
generations as a model to emulate. He said that "pictures seem to dictate things" and that the
handbook was "just a guideline" and should remain as such.
Me. Wheeler said that the document had become more than it started out to be, and was unique in
that it focused on both private property and public sector issues, such as urban design,
landscaping, lighting and furniture.
Item continued pending review of written comments to be submitted by CounciImember Gram.
(13) Recommendation by Chief of Police - Amendment to Town Code - Impoundment of
Illegal (Real Estate) Signs -
Second Reading and Adoption of Ordinance
III
III
/11
Town Council Alinutes #25-2001
October 3. 2001
Page 12
,
(a) An Ordinance of the Town Council of the Town of Tiburon
Amending Chapter 16A of the Tiburon Municipal Code
Regarding Impounded Signs
Council waived the Staff report.
Mayor Thompson opened and closed the public hearing. There was no public comment,
MOTION:
Moved:
Vote:
To read ordinance by title only
Gram, seconded by Bach
AYES: Unanimous
Mayor Thompson read, "An Ordinance of the Town Council of the Town of Tiburon Amending
Chapter I6A of the Tiburon Municipal Code Regarding Impounded Signs."
MOTION:
Moved:
Vote:
To adopt above ordinance.
Gram, seconded by SIavitz
A YES: Bach, Gram, Matthews, Slavitz, Thompson
NOES: None
ABSENT: None
WRITTEN COMMUNICATIONS
Town Council Weekly Digest - September 21,2001
Town Council Weekly Digest - September 28,2001
Town Manager McIntyre announced a community benefit for the United Way September 11 fund
in Zelinsky Park on October 12.
Town Manager McIntyre called attention to the following items:
· T own Attorney correspondence regarding Pine Terrace
· MMWD letter regarding Spring Lane water tank replacement project
. disposition of Henry Herold matter.
Mayor Thompson discussed attendance at the upcoming meeting of Marin Economic
Commission.
Mayor Thompson sought and received Council consensus to testify at next BCDC meeting
regarding Richardson Bay anchor-outs.
1/1
III
III
Town Council l\ifinutes #25-2001
October 3, 2001
Page 13
.
ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor
Thompson adjourned the meeting at 10:30 p.m., sine die.
ANDREW THOMPSON, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #25-2001
October 3, 2001
Page 1-1
,
TOWN OF TIBURON
STAFF REPORT
AGENDA NO.:
J..
TO:
MAYOR AND MEMBERS OF THE TOWN COUNCIL
FROM:
PLANNING DIRECTOR ANDERS~
TOWN MANAGER MCINTYRE ~
REVIEWED BY:
SUBJECT:
ANNUAL GENERAL PLAN STATUS REPORT FOR
FY 2000-2001
MEETING DATE:
OCTOBER 17,2001
------------------------------------------------------------------------------------------------------------------
SUMMARY
The Town of Tiburon has prepared an annual report on the status of the Tiburon General Plan.
On October 10, 200 I, the Planning Commission reviewed the draft annual report, and directed
Staff to forward the report to the Town Council and then to the State Department of Housing &
Community Development and the Governor's Office of Planning & Research.
BACKGROUND
Government Code Section 65400 requires that an annual report be prepared by the planning
agency of each town or city, which is then forwarded to the appropriate legislative body, on the
status of the General Plan and progress in its implementation. In Tiburon, the "planning agency"
is the Planning Commission.
The statute specifically requires a progress report on meeting the cornmunity's regional fair share
housing allocations. Furthermore, the statute requires that the annual report include a description
of "local efforts to remove governmental constraints to the maintenance, improvement, and
development of housing." These topics are addressed on Page 2 of the annual report.
State law also requires that the annual report be forwarded to the State Department of Housing
and Cornmunity Development (HCD) and to the Governor's Office of Planning & Research
(OPR) in Sacramento each year. Recently, the law changed to encourage annual reports on a
fiscal year basis as opposed to the more traditional calendar year basis.
T!BURON TOWN COUNCIL FY 2000.200 I GENERAL PLAN STATUS AND IMPLEMENT A TION REPORT OCTOBER 200 I
RECOMMENDA nON
It is recommended that the Town Council review the draft annual report, and direct Staff to
forward the report to the State Department of Housing & Community Development and the
Governor's Office of Planning & Research.
ATTACHMENTS
I. Draft annual report for Fiscal Year 2000-2001.
T]BURON TOWN COUNCIL FY 2000-200] GENERAL PLAN STATUS AND ]MPLEMENTAT]ON REPORT OCTOBER 200] 2
,
TOWN OF TIBURON
FISCAL YEAR 2000-2001
GENERAL PLAN STATUS AND IMPLEMENTATION REPORT
PREPARED BY TOWN OF TIBURON
PLANNING DEPARTMENT
ENDORSED BY TOWN OF TIBURON PLANNING COMMISSION
ON OCTOBER 10, 2001
ADOPTED BY TIBURON TOWN COUNCIL
ON , 2001
FY 2000-2001 GENERAL PLAN STATUS AND IMPLEMENTATION REPORT
1
OCTOBER 200 I
.
INTRODUCTION
This report is intended to satisfy statutory requirements of Government Code Section 65400
concerning the status and implementation of the Town of Tiburon General Plan. The following
is an element-by element summary of the General Plan status for Fiscal Year 2000-2001.
OVERALL GENERAL PLAN REVISION PROCESS
The Town's adopted two-year budget includes substantial appropriations for an update of the
Tiburon General Plan during Fiscal Years 2001-2002. The Town has also budgeted for a Senior
Planner position through Fiscal Year 2003-2004 for the purpose of updating the General Plan and
working on other long-range planning projects for the Town. The Housing Element revision has
been underway since December 1999 when the Town retained planning consultant Lisa Newman
to assist Planning Department Staff with the Housing Element revision.
HOUSING ELEMENT
The Housing Element was totally revised in 199 I. In 1994, an appendix was added to comply
with State requirements for "at risk" housing. The State Department of Housing & Community
Development (HCD) found this amendment satisfied the requirements of State law, although the
1991 Element was not certified by the State as in compliance. The Town Council self-certified
the Element in 1991, as allowed by State law.
State law currently requires that the Town adopt a new Housing Element by December 31, 200 I.
As noted above, the Town is well underway with its Housing Element revision process. A Draft
Housing Element is expected to be prepared and sent to HCD for review before the end of the
cal endar year.
At the end of Fiscal Year 1999-2000, construction work began on the Chandler's Gate Garden
Homes housing project that includes four (4) very-low-income units. This project was made
possible by the sale of the land (formerly held by the Town of Tiburon) and with subsidization of
the very-low-income units by the Tiburon Redevelopment Agency using redevelopment housing
set-aside funds. Completion and occupancy of this project and its affordable units is anticipated
before the end of 200 I.
Upon the completion of the Chandler's Gate project, all "housing opportunity sites" listed in the
1991 Housing Element will have been constructed with atIordable housing units. These include:
The Bradley House:
Cecilia Place:
Ned's Way:
3 low-income units
15 very-low-income units
4 very-low-income units
In addition, permanent preservation of The Hilarita, a I02-unit at-risk affordable housing project,
and by far the Town's most significant affordable housing asset, was secured under the 1991
2
FY 2000-2001 GENERAL PLAN STATUS AND IMPLEMENTATION REPORT
OCTOBER 2001
,
Housing Element, in part with monies from the Town of Tiburon's affordable housing in-lieu fee
fund. The revised Housing Element now in process will identify a new set of "housing
opportunity sites" with appropriate densities to meet the Town's regional fair-share allocation for
the period 1999-2006,
Besides the Chandler's Gate project, no below-market rate new housing units were constructed
and occupied for Fiscal Year 2000-200 I. In the "above-moderate income" housing category, 18
new single family detached dwelling units were constructed, while 3 housing units were
demolished. All of the demolished units were replaced with new units.
Section 65583(c)(3) of the California Government Code requires Housing Elements to "Address
and, where appropriate and legally possible, remove governmental constraints to the
maintenance, improvement, and development of housing." The Housing Element, at pages 18-
26. describes these constraints and concludes that the existing constraints to housing are
appropriately balanced with resource protection and quality of life considerations. Staff is
unaware of any changes during the 2000-200 I fiscal year that would significantly alter the
existing framework in which the maintenance, improvement, or development of housing occurs.
Tiburon's housing stock is in very good shape overall, and the Town's aggressive Residential
Building Report (RBR) program, among others, encourages the maintenance and improvement of
residential units prior to their sale,
OPEN SPACE & CONSERVATION ELEMENT
This element was adopted in 1989. The Town Council has requested amendments to this element
be pursued during the next round of general plan amendments, including better definitions of
certain terms, and incorporation of Resolution No. 2859 concerning secondary ridge lines. It is
not believed that any dramatic changes to this Element are needed, its content being of a more
timeless nature than certain other Elements and the Town's open space inventory being largely
complete with a few significant exceptions.
LAND USE ELEMENTIDOWNTOWN SUB-ELEMENT
The Land Use Element was adopted in 1989. Minor amendments to the Land Use
Element/Downtown Sub-element were adopted in 1990, 1991, and 1994. A major updating of
this Element, including its Downtown Sub-Element, will be perfonned during the upcoming
budgeted General Plan update. Modifications to the Land Use Element will be required to
incorporate designation of certain sites as "housing opportunity sites" at increased densities. The
Land Use Element continues to operate successfully for the shrinking list of large vacant parcels
that remain in the Tiburon Planning Area.
CIRCULATION ELEMENT
The Circulation Element was adopted in 1994. An update of this Element will be undertaken in
as part of the upcoming General Plan update in the next three years. New traffic counts of all
3
FY 2000-200\ GENERAL PLAN STATUS AND IMPLEMENTATION REPORT
OCTOBER 200 I
.
major intersections along Tiburon Boulevard were conducted in early June 2000. These counts,
supplemented by follow-up work, will become the basis for projected traffic conditions in the
revised Circulation Element and will be used for modeling Land Use Element changes created by
Housing Element redesignations.
The Town is pursuing safety and capacity improvements throughout the length of Tiburon
Boulevard from U.S. Highway 101 to Downtown Tiburon. These areas are all within CaItrans
jurisdiction and gaining the helpful cooperation of that Agency has been, and continues to be, a
challenge. The Town is currently evaluating the recommendations of a study focusing on traffic
safety and circulation improvements around Tiburon four major school sites.
At the Tiburon Wye, the Southbound U. S. Highway 101 off-ramp to Tiburon Boulevard and E.
BIythedaIe Avenue continues to show increased congestion. While outside ofTiburon's
jurisdiction, the Town collects fees from development project to assist with the upgrade of this
facility. The Marin County Congestion Management Agency is leading the effort for a
significant improvement at the southbound off-ramp. A Project Study Report for this
improvement is being prepared for review by CaItrans. Construction of such an improvement is
several years away, at best.
However, the Town has accumulated approximately $170,000 in a dedicated account for
improvements at the Tiburon Wye and the unincorporated areas along Tiburon Boulevard
between Cecilia Way and U. S. Highway 101, and will coordinate expenditure of the funds with
Marin County as improvements are proposed in the future.
SAFETY ELEMENT AND NOISE ELEMENT
Both of these elements were adopted in 1989. Updating of these elements will be performed
during Fiscal Years 2001-2002, 2002-2003 and 2003-2004.
PARKS & RECREATION ELEMENT
The Parks & Recreation Element was adopted in 1989 and amended in 1994. Updating of this
element will be performed during Fiscal Years 2001-2002 through 2003-2004, with assistance
from the Parks & Open Space Commission. An increased emphasis on public park facilities and
improvements will be included in the element update.
CONCLUSION
The Town continues to successfully implement the goals and policies of its current General Plan,
many of which have already been fully implemented. The budgeted General Plan update for
Fiscal Years 2001-2002 through 2003-2004 will represent a thorough review and refreshing of
policies without the sweeping land use policy shifts that accompanied the prior (1986- I 989)
General Plan revision.
h:ldwatrouslreportsITCGP2000-200 I annuaL report. doc
4
FY 2000-2001 GENERAL PLAN STATUS AND IMPLEMENTATION REPORT
OCTOBER 200 I
,
TIBURON TOWN COUNCIL
STAFF REPORT
AGENDA ITEM:
3
MEETING:
TO:
FROM:
SUBJECT:
REVIEWED:
OCTOBER 17, 2001
MAYOR & MEMBERS OF THE TOWN COUNCIL
RICHARD STRANZL, FINANCE DIRECTOR
ACCEPT AUDIT REPORT, FISCAL YEAR 2~1
ALEX D. McINTYRE, TOWN MANAGER _
Town Council is asked to accept the Audit Report to Town Council and the Financial Statements
of the Town ofTiburon and the Tiburon Redevelopment Agency for the Fiscal Year ended
June 30, 2001.
DISCUSSION
The firm Odenberg Ullakko Muranishi, of San Francisco has conducted and completed the annual
audits of the Town's General Purpose and Redevelopment Agency Financial Statements for Fiscal
Year 2000-01. The audit commenced in mid-August 2001, was substantially completed by mid-
September, and finalized in October for acceptance at this meeting.
The audited financial statements are consistent with generally accepted accounting and financial
reporting standards. The financial reports include presentation of the assets, liabilities and fund
equity positions of all funds, revenues and expenditures of all governmental fund types,
supplemental data concerning assessed valuation, fund balance history, and general fund revenues
and expenditures
The notes to the financial statements contain information concerning Town participation in the
State Public Employees Retirement System (PERS), the ABAG PLAN liability insurance pool,
the Marin County Risk Management Association workers' compensation insurance pool, the joint
powers agreement for recreation services (BTJRC), as well as information pertaining to long-term
obligations including special assessment debt, bonds payable, and compensated leave payable.
AUDITOR'S MANAGEMENT REPORT
The auditors have issued a report that includes required communications concerning their
responsibility under generally accepted accounting standards, significant changes in accounting
policies and unusual transactions, management judgments and accounting estimates, significant
audit adjustments, and other issues related to performance of the audit.
The auditors provide recommendations operational policies and procedures. Staff has discussed
the representations with the auditor and will implement procedural changes where possible.
Copies of the Report to Town Council and the General Purpose Financial Statements are attached
-1-
for your review. On September 27"' Staff discussed the audit with the Council Finance
Committee (Members Matthews and Slavitz), and provided them with draft copies of the
Financial Statements, and the Management Report, in advance of final issuance.
RECOMMENDA nON
Town Council accept the Report and audited Financial Statements of the Town ofTiburon and its
Redevelopment Agency for the Fiscal Years ended June 30,2001.
ATTACHMENTS
I. Report, General Purpose Financial Statements of the Town (2000, Component Unit
Statements of Tiburon Redevelopment Agency (2000)
2. Auditor's Report to Town Council
~
(g2
R. StranzI
-2-
TIBURON TOWN COUNCIL
STAFF REPORT
MEETING:
TO:
FROM:
SUBJECT:
REVIEWED:
AGENDA ITEM:
'f
OCTOBER 17, 2001
MAYOR & MEMBERS OF THE TOWN COUNCIL
RICHARD STRANZL, FINANCE DIRECTOR
FISCAL YEAR 2001-02 INTERIM FINANCIAL REPORT-
FIRST FISCAL QUARTER, AS OF SEPTE 30, 2001
ALEX D. McINTYRE, TOWN MANAGER
This Staff Report provides summary financial information concerning the Operating Budget,
Capital Improvement Program, Fund Transfers & Reallocations, and Fund Resources of the Town
for the current Fiscal Year, through the first Fiscal Quarter (ended September 30,2001.)
Financial Statements include projections to year-end closing on June 30, 2002.
Through September 30th, overall operating revenue and expenditure figures are approximately as
they were for the same period a year ago. Although the Fiscal Year is 25% completed, many
significant sources of revenue are not received on a monthly basis, the same is true for many non-
personnel expenses. Consequently, current operating revenues are approximately 10% of budget
and expenditures are 18% of budget. By mid-year, with receipt of Property Tax revenues,
revenues and expenditures equalize.
The adopted year-end estimate of total General Fund Reserves was $4,499,000; incorporating
transfers and budget amendments, the revised estimated year-end balance is $4,241,000. The
estimated year-end balance of the General Fund Unallocated Reserve is $1,991,000, this amount
is greater than 25 percent of projected General Fund Operating Expenditures.
Staff is monitoring economic conditions and will apprise Council of emerging trends, and
indicators of business and construction activity in Town.
RECOMMENDA nON
T own Council accept the Interim Financial Report for the First Quarter of Fiscal Year 2001-02.
ATTACHMENTS
Schedule 1
Schedule 2
Schedule 3
Schedule 4-A
Schedule 4-B
Schedule 4-C
Schedule 5
~
--c~ ...~
R Stranzl .
Operating Budget Summary
Overview of Operating Revenues & Expenditures
Transfers & Reallocations of Funds
Capital Improvement Program - Streets Projects
Capital Improvement Program - Drainage Projects
Capital Improvement Program - Community Development Projects
Statement of Fund Resources
>
,
SCHEDULE I.
OPERATING BUDGET SUMMARY
Period: July 1,2001 to September 30,2001
,
Budget Budget Year-To.Oate Esbmated to Variance Percent of
Adopted Revised Sept-30-2001 June,30.2002 (unfavorable) Budget YTO
REVENUES & SOURCES OF FUNDS
General Fund Revenues 5,163,400 5,163,400 613,900 5,148,400 (15,000) 11.9%
Use of Other Fund Sources 997,400 1,031,400 15,600 1.018,900 (12,500) 1.5%
I Total Revenues $ 6,160,800 $ 6,194,800 $ 629,500 $ 6,167,300 $ (27,500) 102%1
EXPENDITURES
Town Administration 1,580,500 1,617,700 t 77,200 1,617,700 11.0%
Community Development 825,400 853,300 167,800 840.800 12,500 19.7%
Police Department 2.083,700 2,089,300 415,000 2,074,300 15,000 19.9%
Public Works 995,500 1,018,800 253,500 1,018,800 24.9%
Legislative 31,000 31,000 2,400 31,000 7.7%
Total Expenditures $ 5.516.100 $ 5.610.100 $ 1.015.900 $ 5,582,600 $ 27,500 18.1%1
Total Operating Net $ 644.700 $ 584,700 $ (386,400) $ 584,700 $
.
SCHEDULE 2.
OVERVIEW OF OPERATING REVENUES & EXPENDITURES
Period: July 1, 2001 to September 30,2001
Budget Budget Year.lo-Oale Estimated to Variance Percent of
Adopted Revised Sep!-30.2001 June-30-2002 (unfavorable) Budget YTD
REVENUES & SOURCES OF FUNDS
General Fund Revenues
Property Taxes 1,688,000 1,688,000 1,688,000 0.0%
Other Taxes 1,177,000 1,177,000 126,500 1,177,000 10.7%
Franchises 307,000 307,000 36,200 307,000 11.8%
Fines & Forfeitures 140,000 t40,OOO 28,700 140,000 20.5%
Investment Earnings 165,000 165,000 4,900 150,000 (15,000) 3.0%
Intergovernmental & Agency 506,400 506,400 143,100 506,400 28.3%
Licenses & Permits 778,500 778,500 158.100 778,500 20.3%
Charges for Services 287,300 287,300 56,700 287,300 19.7%
Other Revenues 114.200 114,200 59,700 114,200 52.3%
Subtotal General $ 5,163,400 $ 5,163.400 $ 613,900 $ 5,148,400 $ (15,000) 11.9%
Use of Other Fund Sources
Employee Comp Leave Reserve 16,200 16,200 600 16,200 3.7%
Police SLESF/COPS Fund 130.000 130.000 6,300 130,000 4.8%
Police Asset Forfeiture Fund 4,000 4,000
LowlModerate Housing Fund 29,800 29.800 8.000 29,800 26.8%
Long Range Planning Fund 106,400 136.400 400 123,900 (12,500) 0.3%
Peninsula Library JPA Fund 7t5,OOO 715,000 300 715,000 0.0%
Subtotal Other Fund Sources $ 997,400 $ 1,031,400 $ 15.600 $ 1,018.900 $ (12,500) 1.5%
Total Revenues & Funds $ 6,160,800 $ 6,194,800 $ 629,500 $ 6,167,300 $ (27,500) 10.2%1
EXPENDITURES
Town Administrative Services
Administration 634,500 655.800 141.900 655,800 22.4%
Legal Services 145,400 161,300 23,900 161,300 16.4%
Town Hall Facility 55,800 55,800 3,100 55,800 5.6%
Non-Departmental 744,800 744,800 8,300 744,800 U%
Community Develooment
Planning & Design Review 486,000 512,700 90,500 500,200 12,500 18.6%
Building Inspection 339,400 340,600 77,300 340,600 22.8%
Police DeDartment
Police Services 2,039,100 2.044,700 408,000 2,029,700 15,000 200%
Police EOClFacility 44,600 44,600 7.000 44,600 15.7%
,
SCHEDULE 2.
OVERVIEW OF OPERATING REVENUES & EXPENDITURES
Period: July I, 2001 to September 30,2001
Budget Budget Year.to-Date Estimated to Variance Percent of
Adopted Revised Sept.30.2001 June.30.2002 (unfavorablef Budget YTD
Public Works
Administration & Engineering
Streets Maintenance
Parks Maintenance
Street & Signal Light System
Corporation Yard
247,300 258,500 72,500 258,500
401,300 408,300 103,300 408,300
261,500 266,600 67,300 266,600
49,700 49,700 4,400 49,700
35,700 35,700 6.000 35,700
31,000 31,000 2.400 31,000
29.3%
25.7%
25.7%
8.9%
16.8%
Lee:islative
Council, Boards/Commissions
7.7%
Total Expenditures
$ 5,516,100 $ 5,610,100 $ 1,015.900 $ 5,582,600
27,500
18.4%1
OPERATING NET:
$ 644,700 $ 584.700 $ (386,400) $ 584,700 $
,
SCHEDULE 3.
TRANSFERS & REALLOCATIONS OF FUNDS
Period: July 1,2001 to September 30,2001
Revised
Fund Balance on Beginning
Note July 1, 2001 Transfer In Transfer (out) Balance
GENERAL FUND RESERVES
U nallocated Reserve 2,290,000 4,000 (887,000) 1,407,000
Designated Reserves
Capital Equipment Replacement 268,000 (118,000) 150,000
Infrastructure & Facility 191,000 150,000 341,000
Employee Compensated Leave 171,000 171,000
Employee Housing Asistance 300.000 100,000 400,000
Park Improvement 2 57,000 143,000 200,000
PW Corp Yard Replacement 3 100,000 90,000 190,000
Self Insurance 328,000 (128,000) 200,000
Drainage Improvements 4 378,000 200,000 578,000
Disaster Response 5 100,000 100,000
Traffic System 6 300,000 300,000
Subtotal General Funds $ 4,183,000 $ 987.000 $ (1,133,000) $ 4,037,000 I
OTIlER FUNDS
Long Range Planning 7 8,000 150,000 158,000
Police Asset Forfeiture 8 4.000 (4,000)
Subtotal Other Funds $ 12,000 $ 150.000 $ (4,000) $ 158,000 I
NET (should be zero)
$ U37.000 $ (U37,000)1
Notes to Schedule
Town Council adopted the General Fund Transfers &
Reallocations referred to above, at the Meeting of October 3,
J Infrastructure & Facility - previously Capital Outlay
2 Park Development - previously Park Development
J PW Corp Yard Replacement - previously PW Corp Yard Improvement
4 Drainage Improvement - previously Streets & Drainage
5 Disaster Response - previously Storm Damage
6 Traffic System - new
- To fund General Plan Update project
8 For speed zone study/analysis
&
SCHEDULE 4-A.
CAPITAL IMPROVEMENT PROGRAM
STREET IMPROVEMENT PROJECTS
Period: July I, 200 I to September 30, 200 I
Actual no Estimated to
Prolect Funding Source Budget Sept-30-2001 June-30-2001
I Auburn Ct Stewart Dr to cul-de-sac Gas Tax Fund 11,000 II ,000
Marsh Rd to Mar West
2 Beach Rd (Slurrv Seal) Street Imoact Fund 2,000 2,000
3 Burrell Ct Warrens Wav to end Street Impact Fund 28,000 28.000
4 Circle Dr Cecilia Street Imoact Fund 86,000 86,000
General Streets Resv
5 Comstock Dr Stewart Dr to end (STIP $33K) 45,000 45.000
6 Corte San Fernando Blackfield to cul-de-sac Street Impact Fund 27,000 27.000
7 Greenwood Beach Rd East -end 500' General Streets Reserve 16.000 16,000
8 Paradise Dr (I) Main St to Mar West Street Impact Fund 72,000 72. 000
Street Impact Fund
9 Paradise Dr (2) Mar West to Town Limit (STIP ($122K) 128,000 128.000
10 Redding Ct Stewart Dr to end Gas Tax Fund 7,000 7,000
Tiburon Blvd to end
11 Rock Hill Rd (Slurrv Seal) Street Imoact Fund 17,000 17,000
12 Roscville Ct Stewart Dr to cul-de-sac Gas Tax Fund 16.000 16,000
13 Sierra Ct Stewart Dr to cul-de-sac Gas Tax Fund 11,000 I LOOO
General Streets Resv
14 Silverado Dr Stewart Dr to end (STIP $47K) 47,000 47.000
15 Sonora Ct Stewart Dr to cul-de-sac Gas Tax Fund 43,000 43.000
16 South Ridee East to cul-de-sac Street Impact Fund 26.000 26,000
Tramc Congestion
17 Stewart Dr (I) Roseville to Redding Relief ($63K) 10LOOO 101,000
Tiburon Blvd to Silverado
18 Stewart Dr (2) Dr Gas Tax Fund 7,000 7.000
19 Stewart Dr (3) Silverado Dr to Sutter Ct Gas Tax Fund 66,000 66,000
20 Stewart Dr (4) Sutter Ct to Roseville Ct Gas Tax Fund 80,000 80,000
21 Sutter Ct Tenava Dr to cul-de-sac Gas Tax Fund 22,000 22.000
22 T enaV3 Dr Stewart Dr to end Gas Tax Fund 10.000 10.000
23 Warrens Way Reed Ranch Rd to end Street Imoact Fund 35,000 35,000
> Engineerine Planning FY2003 Proiects Gas Tax Fund 30,000 2,443 30.000
>> PW Administration Provision for Contingency Gas Tax Fund 25,000 3,959 25.000
Tiburon Circulation
System Improvement
24 Tiburon Blvd at Neds Way Intersection Fund 50.000 50,000
Tiburon Circulation
System Improvement
25 Tiburon Blvd at Reed Ranch Intersection Fund 50.000 50.000
TOTAL STREET PROJECTS
$ 1,058,000 $
6,402 $ t,058,000
&
SCHEDULE 4.B.
CAPITAL IMPROVEMENT PROGRAM
DRAINAGE IMPROVEMENT PROJECTS
Period: July I, 2001 to September 30, 2001
Actual YTD Estimated to
ProJcct Funding Source Budget Sept.30.2001 June-:JO.2001
Belvedere Drainage
I Diversion Landscaping along RBLP Parks In-Lieu 22,000 22,000
Centro West - Mar General Fund Streets &
2 West Drainage Drainage Reserve 60,000 60,000
Centro West - Raccoon General Fund Streets &
3 Lane Drainage Drainage Reserve 70,000 1,173 70,000
Old Landing Road General Fund Streets &
4 near Paradise Drainage Drainage Reserve 50,000 50,000
Lagoon Road Silt General Fund Streets &
5 Basin Clear Silt Basin Drainage Reserve 3,000 1.800 1,800
Clear Silt Basin located at
6 Marsh Silt Basin NW end Marsh Fund 7,000
General Fund Streets &
7 Greenwood Beach Rd Landscave Benn Drainage Reserve 15,000 15.000
General Fund Streets &
>> PW Administration Provision for Contingency Drainage Reserve 20.000 20,000
TOTAL DRAINAGE PROJECTS
$ 247,000 $
2,973 $ 238,800
&
SCHEDULE 4-C.
CAPITAL IMPROVEMENT PROGRAM
COMMUNITY DEVELOPMENT PROJECTS
Period: July 1,2001 to September 30,2001
Actual YTO Estimated to
Project Fundmg Source Budget Scpt.30.2001 June-30.2001
Waterfront Access Prop 116 Grant
I Fenv Dock Imorovements (Construction) 710,000 13,297 710,000
Stewart Drive U ndergrounding of Issuance of Bonds, PGE
2 Assessment District Utilities Credits, Residents 1,995,000 440,063 1,995,000
BicyclelPedestrian Imprv Parks In-Lieu (Bay
3 Paradise - Trestle Glen Studv Trails Grant $105K) 120,000 120,000
Parks In-Lieu (Bay
4 Pine Terrace Path Improvements Trails Grant $6 L6K) 77,000 2,840 77,000
General Fund PW
5 PW Corporation Yard Master Plan Improvement 25,000 25,000
Facility Alterations & Propeny Development
6 Town Hall Improvements Tax Fund 25.000 3,391 25,000
TOTAL COMMUNITY DEVELOPMENT PROJECTS
$ 2,952,000 $ 459,591 $ 2,952,000
,
SCHEDULE 5.
STATEMENT OF FUND RESOURCES
Period: July I, 200t to September 30,2001
Estimated to June 30th 2002
GENERAL RESERVES
General Unallocated $ 2,290,000 5,148,400 4,563,700 (883,000) (298,300) $ 1,991,700
Capital Equipment Replacement 268,000 134,300 109,700 (118,000) (93,400) 174,600
Infrastructure & Facility 191,000 150,000 150,000 341,000
Employee Compensated Leave 171,000 16,200 (16,200) 154,800
Employee Housing Assistance 300.000 100,000 100,000 400,000
PW Corp Yard Replacement 100,000 25,000 90,000 65,000 165,000
Park Improvement 57,000 143,000 143,000 200,000
Self Insurance 328.000 (128,000) (128,000) 200,000
Drainage Improvement 378,000 364,000 200,000 (164,000) 214,000
Disaster Response 100.000 100,000
Traffic System 300,000 300,000 300,000
Total General Fund $ 4.183,000 5.282.700 4.689.600 389.000 (146.000) 58,100 $ 4,24t,100
OTHER RESTRICTED FUNDS
Belvedererriburon Library Agency $ 715,000 715,000 $
Ferry Dock Realignment Project 710,000 15,000 710,000 15,000
Low & Moderate Housing 966,000 144,000 29,800 114,200 1,080,200
Marsh Restoration 87,000 5,300 7,000 (1,700) 85,300
Open Space Acquisition 148,000 7.500 7,500 155,500
Police Asset Forfeiture 4.000 (4,000) (4,000)
Police Suppl Law Enforcement 98,000 100,000 134,500 (34,500) 63,500
Property Development Tax 43,000 7,000 25,000 (18,000) 25,000
State Gas Tax 268,000 195,000 t,100 328,000 (134,100) 133,900
State Traffic Congestion Relief 63,000 30,000 101,000 38,000 (33.000) 30,000
Stewart Drive Assessment District 2,000 1,995,000 1,995,000 2,000
Street Frontage Improvement 2,000 2,000
Tiburon Circ System Improvement 134,000 17.000 100.000 (83,000) 51,000
Tiburon Long Range Planning 8,000 45,000 123,900 150,000 71,100 79,100
Tiburon Parks In-Lieu 119,000 171,600 219,000 (15,000) (62,400) 56,600
Tiburon Planning Area Mitigation 169,000 18,400 18,400 187,400
Tiburon Playground Improvement 11,000 11,000
Tiburon Street Impact 428,000 312,000 421,000 (38,000) (147,000) 281,000
Total Other Funds $ 2.550.000 4,472.800 1,019.300 3,906,000 146,000 (306,500) $ 2,243.500
REDEVELOPMENT AGENCY
General Increment $ 63,000 390,000 28,500 (384,000) (22,500) $ 40,500
Housing Set-Aside 1,191,000 180,000 23,500 800,000 (643,500) 547,500
Total Redevelo menl $ 1.254.000 570.000 52.000 800,000 (384,000) (666,000) $ 588.000
I
I~ #s;-
TOWN OF TIBURON
PROCLAMATION
In recognition of the Reed Union School District
& Bel Aire School upon its receipt of a
National Blue Ribbon Award
WHEREAS, the Reed Union School District takes pride in providing
quality education for children on the Tiburon Peninsula grades K through 8;
WHEREAS, Bel Aire School has been recognized by the United States
Secretary of Education as a 2000-2001 National Blue Ribbon School, one of 43
elementary schools in California to receive this award and the only school in Marin
C01.U1ty to receive it;
WHEREAS; the National Blue Ribbon Program identifies exemplary
elementary and secondary schools in alternating years, and bases its selection on
strong leadership; clear vision and a sense of mission shared by all those connected
with the school;
WHEREAS; Bel Aire provided five years' worth of data to show achievement
and growth at the school over a period of time and it is also worthy to note that in a
recent parent survey, 77 % of Bel Aire families gave the school top grades for its
performance;
WHEREAS, Bel Aire Principal Wanny Hersey credits "exemplary teachers
and students who come eager and prepared to learn, parents who are unwavering in
their support and an outstanding support staff" with creating a school that is
worthy of national recognition;
WHEREAS, the Town of Tiburon commends the Reed Union School
District, and in particular the Bel Aire Schoot for its outstanding achievement and
receipt of the National Blue Ribbon Award; and for its continuing contributions to
the community and the children of the Tiburon Peninsula;
.
IN WITNESS WHEREOF I have hereunto set my hand and caused the
great seal of the Town of Tiburon to be affixed this 17th day of October 2001.
ANDREW THOMSPON, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRAi'JE IACOPI
TOWN CLERK
TOWN OF TIBURON
STAFF REPORT
ITEM NO.
b
To:
MAYOR AND MEMBERS OF THE TOWN COUNCIL
From:
ALEX D. McINTYRE, TOWN MANAGER Q
TOWN ATTORNEY COMPENSATION PACKAGE ~
OCTOBER 11,2001
Subject:
Date:
The Town has recently completed the Town Attorney's annual performance evaluation. Based
upon her annual performance evaluation, the Town Council has affirmed the Town Manager's
recommendation for certain adjustments to the Town Attorney's compensation package. These
include:
1. A 6% increase in annual pay;
2. A $75/month increase in automobile allowance; and
3. An additional 3 months of severance pay.
Each of the above shall be retroactive to July 1, 2001.
The Town Attorney's Employment Agreement (Exhibit 1) has been amended to reflect these
changes. Additional yet non-substantial changes have also been included in order to conform to
the Employment Agreements in use with other Department heads.
The Town Council also adopted Resolution No. 44-2001 in July establishing a Management
Recognition and Incentive Program. This needs to be rescinded and a new Resolution
(Exhibit 2) adopted reflecting the change in monthly salary range from $8,424 - $8,915 to
$8,915 - $9,720. No other changes are reflected in the new Resolution
Recommendation
It is recommended that the Town Council approve the following:
I. The attached employment agreement with the Town Attorney reflecting changes to her
compensation package; and
2. The attached resolution reflecting the new salary range for the Town Attorney.
Attachments
,
EX-tHBIT No.L
EMPLOYMENT AGREEMENT
This EMPLOYMENT AGREEMENT ("Agreement") is effective as of July 1, 2001 and
is by and between the Town of Tiburon ("Town") and Ann R Danforth ("Employee").
RECITALS
A. On December 15, 1995, the Town and Employee entered into a letter agreement
("Original Agreement") that retained Employee as Town Attorney for the Town. A copy of the
Original Agreement is attached as Exhibit A. Employee has ably served as the Town Attorney
since January 22, 1996,
B. On March 13, 1998, the Town and Employee amended the Original Agreement by a
memorandum providing for Employee's continuing as Town Attorney on a seventy-five percent
work schedule on an indefinite basis.
C. The parties now find multiple aspects of the Original Agreement, as amended, to be
out of date and further wish to adjust the compensation, automobile allowance and severance terms
of the Agreement. Accordingly, the parties now enter into a new agreement to supercede and
replace the Original Agreement and March 13, 1998, amendment. The Town Council accordingly
has authorized the Town Manager to execute this Agreement on behalf of the Town.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND
OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AGREEMENT, IT IS
AGREED AS FOLLOWS:
1. Emplovment. The Town hereby employs Employee as its Town Attorney on the terms and
conditions contained in this Agreement, and Employee accepts that employment.
2. Term. This Agreement shall commence effective July I, 2001 and shall continue until
terminated pursuant to the terms of this Agreement.
3. Duties. Employee shall serve at the pleasure of the Town Council and under the direction
and supervision of the Town Manager. Employee shall perform all duties of the Town
Attorney described in the Town's Municipal Code and California law and such other duties
as may from time to time be established by the Town Council and/or 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 term 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. In addition, the Town Manager may
.
approve Employee's limited engagement in income generating acltvtttes outside
Employee's duties for the Town if the Manager finds that such activities will not affect
Employee's performance of his duties under this Agreement.
4, Compensation and Benefits, Employee shall receive for Employee's services to the Town
the following compensation and benefits:
4.1 Base Salary. Employee's Base Salary shall be One Hundred Six Thousand Dollars
($106,000.00) per year.
4.2 Increases to Base Salary. The Town Council shall establish a Base Salary Range
by resolution. The Town Manager shall have the authority to increase Employee's
Base Salary to any amount within the current Base Salary Range.
4.3 Standard Manal!ement Emplovee Benefits. Except as otherwise provided in this
Agreement, Employee shall receive all benefits ordinarily accorded to the Town's
management personnel, and such 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 ("Monthly Insurance
Allowance"), Employee may apply any portion of this allowance not expended to
Employee's Deferred Compensation Plan. The Town will also make available, as
allowed by law, IRS Section 125 Benefits for dependent care and umeimbursed
medical costs.
4.4 Vacation and Administrative Leave. Employee will accrue 20 (twenty) days of
vacation per year, which accrual shall increase in accordance with the Tiburon
policy for management personneL At the discretion of the Town Manager,
Employee shall also receive up to ten (10) days of administrative leave per year,
4.5 Town Automobile. Employee shall receive an automobile allowance of Two
Hundred Fifty Dollars ($250.00) per month to compensate Employee for the use of
her personal vehicle on official Town business,
4.6 Retirement. Employee will continue to be a member of the Public Employees
Retirement System ofCaIifomia, as a miscellaneous 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 ProCessional Development. The Town will pay for the Employee's continuing
education requirements and for membership in the California State Bar Association
and in other appropriate professional organizations, at the request of the Employee.
2
,
4.8 Adiustment to Reflect Seventy-Five Percent Status. Notwithstanding anything in
this agreement to the contrary, for so long as Employee is employed on a seventy-
five percent basis, Employee shall receive (a) seventy-five (75 %) percent of
Employee's Base Salary, Monthly Insurance Allowance, sick leave and vacation
leave, as established by this Agreement; and (b) 63 hours of administrative leave,
rather than 70.
5. Performance Reviews. The Town Manager will conduct performance reviews of
Employee annually on or about July I st of each year in the manner generally accorded to the
Town's management personnel. The Town Council shall affirm the evaluation. The Town
Manager will consider salary adjustments in conjunction with the performance evaluation.
6, At-Will EmDlovment. Employee's employment is employment at-will of the Town
Council. Employment at-will may be terminated with or without cause and with or without
notice at any time by the Town Councilor Employee. Nothing in this Agreement shall limit
the right of the Town Councilor Employee to terminate employment at-will.
7. Termination of EmDloyment.
7.1 Termination bv Town.
(a) Termination for Cause. Without limiting the at-will status of Employee's
employment, the Town Council may at any time terminate Employee's
employment for cause. "Cause" shall mean, without limitation, Employee's
malfeasance, gross misconduct, or the conviction of Employee of any
felony. If the Town Council 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 Council terminates Employee's
employment for any reason other than for cause, the Town shall provide
Employee with six (6) months notice, Notwithstanding the foregoing, the
Town may, in the sole discretion of the Town Council, provide Employee
with severance pay in instead of the required notice period. In the event that
the Town provides Employee with less than the full notice period, Employee
is entitled to severance pay in the form of salary for each day short of the six
(6) months required notice period.
7.2 Termination by Emoloyee. 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
3
.
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 forty-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.
9. Miscellaneous.
9.1 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 Governinl! Law. This Agreement shall be governed by and construed III
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 Al!reement. Except as otherwise referenced herein, this Agreement
constitutes the entire agreement of the parties with respect to Employee's
employment and supersedes any and all prior oral or writ-ten 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 Representation. Employee acknowledges that although this Agreement has
resulted from negotiations between the parties, the Town has retained its legal
counsel to prepare the Agreement. Employee further acknowledges that the Town
has advised her to seek the advice of her own attorney and accountant in connection
with the signing of this Agreement. Employee further acknowledges that if she has
not consulted with her own attorney and/or accountant, she has not done so at her
own choosing. The parties agree that the normal rule of construction against the
drafting party shall not apply.
4
,
IN WITNESS WHEREOF, this Agreement shall be effective as of the day and year
written above.
Dated:
Dated:
TOWN OF TIBURON
EMPLOYEE
ALEX D. McINTYRE
Town Manager
ANN R. DANFORTH
APPROVED AS TO FORM
JOHN SHARP
Acting Town Attorney
5
.
RESOLUTION NO.
EXHIBIT :N'O, Z.
..- -'
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TffiURON AMENDING RESOLUTION
NO. 44-2001 WHICH ESTABLISHED A MANAGEMENT
RECOGNITION AND INCENTIVE COMPENSATION PROGRAM
WHEREAS, in January 1979, the Town Council established and adopted a Management
Recognition and Incentive Compensation Program, in order to promote the development of a
strong, more effective management team and a means of recognizing outstanding management
performance in all public service areas; and
WHEREAS, the Management Recognition and Incentive Compensation program
enhances the professional growth, motivation, and loyally of management employees and
promotes a consistently higher level of service to the public; and
WHEREAS, in September 1981 and September 1998 the Town Council amended the
Management Recognition and Incentive Compensation Program; and
WHEREAS, the Town Council further amended the Management Recognition and
Incentive Compensation Program in August 1999 by adoption of Resolution No. 3356 and in
July, 2001, by Resolution No. 44-2001; and
WHEREAS, the Town finds it necessary to correct and rescind Resolution No.44-2001,
and adopt a new Resolution, and
WHERAS, the Town of Tiburon management employees are defined to mean the
following positions:
Town Manager
Town Attorney
Finance Director
Planning Director
Chief of Police
Director of Public Works/Town Engineer
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby amend Resolution No. 44-2001 to read as follows:
SECTION I. SALARIES
Effective July I, 200 I salary ranges for management positions shall be:
Chief of Police
Finance Director
Planning Director
Public Works DirectorlTown Engineer
Town Attorney
$8,666 - $9,258
$5,520 - $6,833
$6,752 - $7,144
$8,583 - $8,816
$8,915 - $9,720
Page 1
,
SECTION 2, SALARY ADJUSTMENTS
The Town Manager shall submit annually to the Town Council recommended salary
ranges for management employees. These ranges will be based upon the Compensation
Policy adopted by the Town Council. Movement through the salary ranges will be based
upon merit following a comprehensive written performance evaluation by the
management employee's direct supervisor.
SECTION 3. BENEFITS AND INSURANCE
Effective July 1, 2001 the Town ofTiburon shall contribute $600 per month towards a
management employee's fringe benefit coverage. Ifthe full sum specified is exceeded for
group insurance of a given employee, then that employee shall pay the balance of the
monthly cost via a payroll deduction from the first two payrolls of the month. If the full
sum specified is not used for the group insurance cost of a given employee, then that
amount shall be deposited into the Town's Deferred Compensation Plan in the employee's
name.
Retirement - For Miscellaneous Members of the Public Employee's Retirement System,
the Town of Tiburon shall provide management employees the PERS 2% @ 55
retirement benefits, with highest single year calculation and service credit for unused sick
leave. For Local Safety Members of the Public Employee's Retirement System the Town
shall provided management employees the PERS 2% @ 50 retirement benefit, average
three highest years calculation, and service credit for unused sick leave. The Town shall
contribute on behalf of management employees the full employer and employee
retirement contributions.
Medical Insurance - The Town of Tiburon offers management employees and their
dependents medicaI/hospitaI insurance coverage. A qualified employee may choose from
the plans offered through the Public Employees Retirement System Health Benefits
Division for medicaI/hospitaI insurance coverage. Such insurance is mandatory for
covered employees unless they can demonstrate compliance with other coverage.
Dental Insurance - The Town of Tiburon offers management employees and their
dependents a dental plan. Such insurance is mandatory for all qualified employees unless
they can demonstrate compliance with other coverage.
Life Insurance - The Town of Tiburon offers management employees a life insurance
policy equal to one year's salary, not to exceed $95,000. Such insurance is mandatory for
all full-time employees. If the mandatory amount is not exceeded, the Town of Tiburon
offers management employees additional life insurance up to a combined total of no more
than $95,000. Participation is optional.
Disability Insurance - The Town of Tiburon offers management employees long term
disability insurance. Such insurance is optional, except for the position of Chief of
Police.
Long Term Care - The Town of Tiburon offers management employee a long-term care
policy. Participation is optional.
Page 2
Deferred Compensation Plan - The Town of Tiburon offers a deferred compensation plan .
to management employees. Such monies deposited would become tax-deferred and
would be subject to income taxation in the year they are withdrawn from the deferred
compensation plan. Participation is optional.
IRS Section 125 Plan - The Town of Tiburon offers management employees the ability to
participate in its IRS Section 125 Plan. Participation is optional.
SECTION 4. VACATION LEAVE
In recognition ofthe fact that many top management personnel are recruited from outside
the Town, that the average tenure for those management personnel is substantially more
than that of non-management personnel, and that at least three years prior experience is
required, the following vacation leave policy for management personnel shall be
implemented:
Management employees holding their respective positions as of September 2, 1998, shall
accumulate vacation time in accordance with the following vacation entitlement
schedule:
Service
Work Davs
1 Year
3 Years
5 Years
10 Years
15 Days
18 Days
20 Days
25 Days
Management employees hired after September 2, 1998 shall accumulate vacation leave in
accordance with the following vacation time entitlement:
Service
Work Days
0-5 Years
6-15 Years
16+ Years
15 Days
20 Days
25 Days
Upon termination of a management employee's service with the Town, such employee
shall be paid a lump sum equivalent to hislher accrued vacation leave. Maximum
accumulation of vacation leave is 40 workdays.
SECTION 5. V ACATION LEAVE CONVERSION
After one year's service with the Town, Management employees who use at least 10
working days of vacation leave, may convert into cash payment up to 50% of the total
number of vacation hours taken in a calendar year, not to exceed 10 working days.
Vacation leave conversion will be granted during the month of December each calendar
year.
Page 3
SECTION 6. SICK LEAVE
,
Management employees shall be entitled to accrue one working day of sick leave with
pay for each month or major fraction thereof. Sick leave may be accrued by management
employees without a maximum limitation.
SECTION 7. SICK LEAVE PAY OFF
Management employees hired prior to July I, 2001, or if their employment contract states
differently, may receive cash equivalent compensation of 50% of their accrued sick leave,
up to a total of 60 days, if the following conditions are met:
a. The employee files for a service retirement from the Town, or
b, The employee voluntarily separates from the Town and has at least 15 years of
service with the Town.
For management employees hired after July I, 2001, may accrue unlimited sick leave
with no option for "cashback" benefits.
SECTION 8. HOLIDAYS
The Town agrees to provide management employees the following holidays:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Friday after Thanksgiving
December 24
December 25
December 31 .
When a holidays falls on a Saturday the preceding Friday shall be deemed a holiday.
When a holiday falls ona Sunday, the following Monday shall be observed. For
management employees who work an alternative work schedule and a holiday falls on
his/her regular day off, he/she shall select either the preceding or following regular
working day off. Effected employees shall provide the Town Manager with at least one
week's notice as to which day they will observe as a holiday.
SECTION 9. ADMINISTRATIVE LEAVE
Page 4
.
In recognition of the long hours required to perform at the management level, including
attendance at numerous meetings outside normal working hours, the following
Administrative Leave policy shall be implemented:
Management employee may receive up to ten days administrative leave annually, to be
awarded at the discretion of the Town Manager. Administrative Leave shall be taken in
one-day increments.
SECTION 10, DINNER ALLOWANCE
All management employees who live more than 10 miles from Town and who are
required to attend night meetings or work after office hours beyond 7:00 P.M. may be
reimbursed in an amount not to exceed $15.00 for the purchase of dinner for that night.
This allowance applies to management employees who reside outside a ten-mile radium
ofthe Town. Employee reimbursement is subject to the approval of the Town Manager
and must be accompanied by a restaurant receipt, which shall include the amount, date,
meeting or purpose, and the employee's name.
SECTION 11 TERMINATION ALLOWANCE
In order to foster job security within a professional climate, management employees will
be entitled to severance pay when they are terminated from Town service. However;
such employee must be in the employ of the Town for at least three (3) years, and such
termination is not for cause or for reasons listed in Government Code Section 19572, the
Town's Personnel Rules & Regulations, Section 6, or any employee who voluntarily
resigns from Town Service for personal reasons,
Unless othetwise noted in an Employment Agreement, Management employees shall be
covered by the following termination allowance schedule:
Service
Work Weeks
After: 3 years
7 years
I 0 years
I month
2 months
3 months
This severance pay is in addition to any accrued vacation leave, unused at the time of
termination,
SECTION 12. VEHICLE USAGE/ALLOWANCE
Management employees, to a far greater extent that other Town employees, are required
to travel throughout the Town, County, and Bay Area to fulfill their job requirements.
This travel is frequently required outside of normal working hours. In recognition of this
employment requirement, the Town shall provide either the use of a Town vehicle or an
automobile allowance, as provided in the Town budget. Use of a Town vehicle shall be
Page 5
,
in accordance with the Town's Administrative Policies and Procedures and is not
intended for private use.
SECTION 13. TUITION REIMBURSEMENT
In order to promote continued development of skills, knowledge, and abilities among
management employees, the Town of Tiburon shall reimbursement the costs of tuition,
books and fees at the rate of the California State University system. Employees must
receive prior approval ofthe Town Manager and submit certified transcripts with the
evidence of a grade of "C" or better from an accredited college or university and submit
bona fide receipts to qualify for tuition reimbursement.
SECTION 14 PROFESSIONAL MEMBERSHIP FEES
Most management personnel are expected to maintain membership in appropriate
professional organizations. These memberships serve to acquaint the Town with current
programs and procedures in these professional areas by means of publications and
specific activities. The Town will include the cost of these membership fees in the
respective departmental budgets.
SECTION 15. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE
The Town of Tiburon will make contributions toward a retired employee's medical
insurance plan based upon the following conditions:
a. Employee must retire directly from employment with the Town ofTiburon and
apply to PERS for retirement benefits.
b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single
rate that is in effect at the time of the employee's retirement.
c. The Town's contributions rate is based on the following formula:
Percent of Kaiser
Single Rate
Years of Consecutive
Service to Town
50%
75%
100%
15 Years
20 Years
25 Years
Such coverage is not extended to employee's spouse or other dependents.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the provisions of this
resolution shall supersede any other previous rules and resolutions of the Town of Tiburon which
may be in conflict herewith.
Page 6
.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on , 2001, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ANDREW THOMPSON
Mayor
ATTEST:
DIANE CRANE-IACOPI
Town Clerk
Page 7
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
-1-
To: MAYOR AND TOWN COUNCIL
From: ANN R. DANFORTH, TOWN ATTORNEY
Subject: REQUEST FOR SUPPORT AS AMICUS CURIEA
CITY OF LAYFAYETTE TAKINGS CASE
Date: October 17, 2001
BACKGROUND AND ANALYSTS
From time to time, the League of California Cities asks individual municipalities to join an amicus
curiae brief in a case that involves issues of mutual concern. When the Town joins an amicus brief,
it authorizes the inclusion of its name as one of the municipalities supporting one side or the other
of the case. The League and the City of Lafayette have asked the Town to join such a brief in the
case of Loewenstein v. City of Lafayette, in which the City has appealed an adverse ruling.
Loewenstein v. City of Lafayette arose from the City's denial of a lot line adjustment. The plaintiff
property owner obtained a trial court ruling ordering the City to approve the lot line adjustment.
More significantly, the court took the unusual step of awarding damages against the City for inverse
condemnation, finding that the denial denied the plaintiff of substantially all economically viable use
of his property.
If affirmed by the Court of Appeals, the case would significantly lower the bar for takings claims
based on good faith denials of development permits. The Town, like most municipalities, often
denials or imposes conditions on development applications. When an applicant disagrees with the
Town's disposition of his permit, the normal remedy is to seek a court order correcting the alleged
illegality. The lower court's ruling in Loewenstein v. City of Lafayette, if affirmed on appeal, would
motivate dissatisfied applicants to claim any monetary losses that result from the denial of the
application. This could have a chilling effect at every step of the municipal decision making process.
RECOMMENDA nON
The Council should agree to join in the amicus brief to be filed by the City of San Francisco in
support of the City of Lafayette.
EXHIBITS
Request for Amicus Support from the City Attorney of Lafayette.
,
LAW OFFICES
of
CHARLES J. WILLIAMS
a ProfessionaL Corporation
Charles J. Williams
Muir Parkway
1330 Arnold Drive, Suite 149
Martinez, CA 94553
Telephone: (925) 228-3840
Facsimile: (925) 228-1703
E-Mail: ChasLaw@AOL.com
MEMORANDUM
To:
California City Attorneys
1o)~@~~W~1n\
IJl) OCT - 5 2001 lW
From:
Charles J. Williams, City Attorney
E. Clement Shute, Special Counsel
Date:
October 2,2001
TOWN ATTORNEY'S OFFICE
TOWN OF TISURCN
Re:
Request to Cities to Join as Amicus Curiae in
Loewenstein v. Citv of La fa vette (No. 8093590, Court of Appeal of the
State of California, First Appellate District)
On behalf of the City of Lafayette ("City"), we join with the League of California Cities in
urging you to join in an amicus curiae brief which will be filed in the First District Court of Appeal
in Lowenstein v. Citv of La fa vette. The amicus brief is being prepared by Andrew Schwartz,
Deputy City Attorney of the City of San Francisco. There is no cost to your city to join in the
amicus brief The remainder of this memorandum sets forth the background of the case and why
the issues raised are of major significance to cities.
CASE SUMMARY
The principal issue in this case is whether the City is liable to the property owner for a
compensable taking of private property for the two year period during which the City's denial of
his application for a lot line adjustment was in effect.
The plaintiff property owner lives on a three (3) acre parcel that is part of subdivision
limited to four building sites. A condition of the subdivision's approval prohibited further
subdivision of the four lots without City approval. After building his home and living there for 10
years, the property owner paid $13,500 to acquire an abandoned water district tank site for the
purpose of combining it with his existing three (3) acre residential parcel and then splitting the
resulting parcel into two residential parcels. The tank site was a substandard, but legal non-
conforming parcel. The property owner thus sought to use the lot line adjustment process,
thereby avoiding the subdivision process, to create a fifth building site in the subdivision.
After the City denied the property owner's application for a lot line adjustment, the
property owner filed a legal action asserting two claims: a writ of mandate to compel the City to
grant the lot line adjustment and an inverse condemnation claim for damages. The trial court
granted the petition for writ of mandate and held, following the trial of the inverse condemnation
claim, that the City's denial of the application for a lot line adjustment deprived the property
owner of substantially all economically viable use of his property, The trial court awarded
damages in the amount of$611,666.66.
The court denied the City's motion for a new trial. The City hereafter converted the
alleged permanent taking to a temporary taking by rescinding its denial and approving the
application for a lot line adjustment.
WHY THIS CASE MERITS CITY ATTENTION
This case presents issues of major significance to cities involving the law of inverse
condemnation.
First, a taking was found notwithstanding the property owner's failure to submit even one
development application, contrary to established principles of ripeness. The court relied on the
extremely narrow futility exception, even though there was no dispute that, without the lot line
adjustment, the property was legally developable and could support a single family residence of
substantial value. Ifupheld, the ruling would broaden the futility exception and encourage
property owners to bring takings challenges against preliminary land use decisions.
Second, the takings claim was based solely on the City's allegedly improper denial of a lot
line adjustment. The facts of the case are very similar to those of Land gate v. California Coastal
Commission (1998) 17 Cal.4th 1006,73 Cal. Rptr.2d 841, in which the California Supreme Court
rejected a takings claim based on the Coastal Commission's legally erroneous but good faith
assertion of jurisdiction over a lot line adjustment. The court in the present case properly held
that there was no taking under Landgate since the City's denial of the lot line adjustment, though
legally erroneous, was reasonable and in good faith. But while this should have ended the inquiry
the court went on to undertake a second takings analysis under Penn Central and found that a
taking had occurred. By ruling that a normal delay in development caused by preliminary
litigation is a compensable takings, the decision could have a chilling effect at every step of the
decision making process.
Third, the court applied the Penn Central factors to find a taking even though the plaintiffs
had suffered, at most, a restriction in their ability to expand the size of their existing, developable
lot. The decision runs counter to a long line of precedent holding that a mere diminution in the
value of property is not sufficient to effect a taking.
THE AMICUS BRIEF
Amicus City and County of San Francisco will address three issues in its brief on behalf of
California cities. First, it will argue that the trial court should not have reached the takings claim
because the claimants failed to secure a final decision regarding the permissible level of
development on the tank site. The United States Supreme Court has consistently affirmed that
the final decision ripeness doctrine is crucial to the preservation of government's flexibility to
regulate land use in the public interest. Allowing landowners to bring takings claims straight to
,
court, without obtaining a determination as to the level of development to the local agency will
allow, undennines every city's administrative land use regulatory process.
Second, San Francisco will argue that Landgate imposes a blanket rule controlling every
takings claim arising from regulatory delay. Under Landgate, a regulatory delay claim is not
compensable as a taking, even if the exercise of regulatory authority is later detennined to be
erroneous, if that authority is exercised under a good faith belief in its validity. Application of the
Penn Central three-factor test to a regulatory delay case would eviscerate Landgate, exposing
local government agencies to massive liability for takings.
Third, even if the appellate court disagrees and affirms the trial courts' decision to apply
Penn Central, San Francisco will argue that the City of Lafayette's temporary interference with
the claimants' use of the tank site did not effect a taking. Penn Central requires an analysis of
three factors: (1) the economic impact of the challenged regulation; (2) the claimants'
reasonable, investment -backed expectations; and (3) the character of the government action.
(Penn Central, 438 U.S. at p. 124.) San Francisco will demonstrate that a delay in development
occasioned by a local agency's delay in approval of a lot line adjustment cannot constitute a
taking under any of the Penn Centralfactors.
The Appellate Advocacy Committee of the California League of Cities urges all California
cities to join in this important amicus effort. Currently it is anticipated that the amicus briefwill
be filed concurrently with the City of Lafayette's opposition brief on or about December 20,
2001. If your city is willing to join as an amicus party, please obtain the necessary authority
and return the enclosed consent form by facsimile or first class mail as soon as possible but
no later than November 15, 2001.
If you need further information, please do not hesitate to call either Charles J. Williams,
Lafayette City Attorney ((925) 228-3840) or Osa Armi of the law firm of Shute, Mihaly &
Weinberger ((415) 552-7272). We look forward to receiving your support.
TIBURON TOWN COUNCIL
STAFF REPORT
AGENDA ITEM:
J>
MEETING:
TO:
FROM:
SUBJECT:
OCTOBER 17, 2001
MEMBERS OF THE TOWN COUNCa
RICHARD STRANZL, FINANCE DIRECTOR
TOWN PURCHASE OF POINT TIBURON BELOW-MARKET-RATE
UNIT LOCATED AT 32 MARSH ROAD, T N, CA
ALEX D. McINTYRE, TOWN MANAGER
REVIEWED:
DISCUSSION
Town Council is asked to approve acquisition of the BeIow-Market-Rate (BMR) condominium
unit located at 32 Marsh Road, in the Point Tiburon Marsh Area. This item is continued from the
Town Council Meeting of September 19, 2001. At that meeting Council asked Staff to determine
if there was interest in renting the unit among Town employees, and further directed Staff to
explore the option of selling the units to Town employees.
Staff has solicited interest among Town employees and has had brief discussions with other public
agencies in the Tiburon Peninsula Community, and we are confident that we will find a tenant to
rent this unit in a timely manner. Staff will continue to explore the issues associated with selling a
unit to Town employees.
FISCAL IMPACT
Resources of the Town's General Low & Moderate Income Housing In-Lieu would be utilized to
purchase the Unit. As of June 30, 2001 total available resources of the Fund were $966,000.
RECOMMENDA nON
That Town Council:
1. Approve the acquisition of the one-bedroom condominium unit located at 32 Marsh Road,
and authorize the appropriation of$l 14,000 from the Town's General Low & Moderate Housing
In-Lieu Fund to purchase Point Tiburon Marsh Area Unit No. 32.
2. Authorize Staff to execute all documents associated with acquisition of the unit. At a
meeting subsequent to executing purchase and acquisition documents, and prior to recordation of
the deed, Town Council will be required to adopt a resolution authorizing the Mayor to accepting
conveyance of the unit.
ATTACHMENT
~rt, d"", "'''mb~ 19, 200 I
R Stranzl
1.
,
/
TIBURON TOWN COUNCIL
STAFF REPORT
MEETING:
TO:
FROM:
SUBJECT:
SEPTEMBER 19,2001
MEMBERS OF THE TOWN COUNCIL
RICHARD STRANZL, FINANCE DIRECTOR
ACQUISITION OF POINT TIBURON BELO -
LOCA TED AT 32 MARSH ROAD, TIBUR
ALEX D. McINTYRE, TOWN MANAGER
~&~~!!cy TT6vl
7' - (7--0j
REVIEWED:
RKET-RATE UNIT
r
This item is for approval to acquire the Below-Market-Rate (BMR) condominium unit located at
32 Marsh Road. in the Point Tiburon Marsh Area.
DISCUSSION
The Council's regularly published Agenda for September 19, 2001, does not include the issue of
purchasing No. 32 Marsh Road. This is because staff published the Agenda on Friday.
September 14, 200!' as required by the Brown Act. and the Marin Housing Authority did not
notify Town Staff of the unit's availability until Monday, September 17, 2001. According to the
Town Attorney. the Brown Act allows the Council to discuss and decide whether to purchase the
unit if two-thirds of the Counci1members present find that there is a need for immediate action
that cannot reasonably wait until the next regularly scheduled meeting (if only three members of
the Council are present, the vote must be unanimous). The Town Attorney advises that this
finding could be based on the fact that the Housing Authority has requested a decision by
Thursday. September 20th. and the next regularly scheduled Council meeting is not until
Wednesday. October 3rd.
The acquisition price of the Unit is $1 12, I 00, including costs associated with title and escrow the
final purchase price will be about $114,000.
The Town has the first right-of-refusal to purchase BMR units located in the Point Tiburon
Marsh Area. The Town currently owns five (5) units in the Marsh Area complex, as indicated in
the following table:
Condominium Location
3 Marsh Road
I I Marsh Road
14 Marsh Road
18 Marsh Road
20 Marsh Road
Characteristic
2-Bedroom
I-Bedroom
I-Bedroom
I-Bedroom
I-Bedroom
EXHIBIT NO,
\
. ,_. . -
,
-1-
/'
.
The Town is deed-restricted to rent the BMR units in accordance with the HCD Annual Income
Limits for Marin County, as presented in the following Table:
Classification
Very Low Income
Lower Income
Median Income
Moderate Income
1- Person
29,750
47,800
56,050
67,250
2-Persons
34,000
54,400
64,100
76,900
It has been recent policy of the Town to acquire BMR Units as a possible source of affordable
housing assistance: first, for Town Staff, second, for employees oflocal and public agencies that
serve the Tiburon Peninsula community, The acquisition of this unit would further serve this
policy.
FISCAL IMP ACT
Resources of the Town's General Low & Moderate Income Housing In-Lieu Fund (as
distinguished from the Redevelopment Housing Set-Aside Fund) would be utilized to purchase
the Unit. As of June 30, 2001 total available resources of the Fund were $966,000.
RECOMMENDA nON
That Town Council:
I, If the Council is to discuss and act on this matter, at least two-thirds of Councilmembers
present must vote to determine that there is a need for immediate action that cannot reasonably
wait until the next regularly scheduled meeting.
2. Approve the acquisition of the one-bedroom condominium unit located at 32 Marsh
Road, and authorize the appropriation of$114,000 from the Town's General Low & Moderate
Housing In-Lieu Fund to purchase Point Tiburon Marsh Area Unit No, 32.
3. Authorize the Staff to execute all documents associated with acquisition of the unit
~
I '
\ - :/
~S~anz- .
,
'L
TOWN OF TIBURON
STAFF REPORT
ITEM NO. ~
From:
MAYOR AND MEMBERS OF THE TOWN C~CIL
ALEX D. McINTYRE, TOWN MANAGER ~
To:
Subject: HOLIDAY PARADE
Date: OCTOBER 12, 2001
The Chamber of Commerce Town has approached the Town of Tiburon to allow a Holiday
Parade scheduled for Saturday, December 1, 2001 from 3:30 PM to 5:30 PM, culminating with
lighting of the boats in the Harbor and the tree atop Mt. Livermore on Angel Island. Steve Sears
and BB Bernheim are organizing this community event (Exhibit 1),
Th event will require closing a portion of Tiburon Boulevard, all of Main Street and Ark Row
during that period, The Town staff will manage any special permits needed.
The Town has also been asked to contribute $2,000 offset a part of the event costs. The City of
Belvedere has also been approached. The Chamber and a number of individuals are also
contributing funds towards the success of the event.
There are sufficient balances in the unallocated budget reserve to fund this request.
Recommendation
It is recommended that the Town Council:
1. Approve the $2,000 funding request for the Chamber of Commerce to offset costs for the
December 1, 2001 Holiday parade; and
2. Approve a budget amendment of $2,000 from the unaUocated reserves,
Attachments
"
EXHIBIT NO, ,
~
tJIG~
,8.,.
October 2, 2001
Mr. Alex Mcintyre
Town Manager
Town of Tiburon
1505 Tiburon Blvd
Tiburon, Ca. 94920
Dear Alex:
The Tiburon Peninsula Chamber of Commerce is planning a Holiday
Celebration on Saturday, December 1. We hope we can count on the
Town for a donation for this very worthwhile event.
Date: Saturday, December 1
Time: 1 pm-3pm at The Boardwalk
3:30-5:30 - Parade from Ark Row to Main Street and return.
parade will include - Wells Fargo Stagecoach, reindeer,
antique cars, nutcracker characters, local children,
street venders, elves and much more.
5:30-6:30 - Marin Mens Chorus will be singing on Sam's
deck and a 6:00pm Corinthian Yacht Club will light up their
boats and Angel Island will light up their tree atop Mount
Livermore.
From 6:00pm-8:00pm the restaurants will have a price fix
dinner (very simple) for a party of four the cost would be
$40.00. (Plans are being firmed up now).
We will be attracting local families to come downtown to enjoy the
festivities which in turn will help the merchants and the Town.
The following are making a donation: Main Street Properties, Point
Tiburon Plaza, The Tiburon Peninsula Foundation and the Chamber.
Tiburon Peninsula Chamber of Commerce. P.O. Box 563 . Tiburon, CA 94920 . 415-435-563:;
e-mail - tibcC';Eaol.com w\vw.tiburon.citysearch.C'om
~
~
...
Page two
The Hadley Company will be assisting us in the lighting of trees on
Tiburon Blvd and Main Streel We will be erecting at least four very large
trees on Tiburon Blvd and Main Streel
Thanks Alex for all your support.
Sincerely,
\~
~
STEVE SEARS
Chairman
BB BERNHEIM
Event Coordinator
,
TOWN OF TIBURON
STAFF REpORT
To:
From:
Subject:
Date:
MAYOR AND TOWN COUNCIL
ANN R DANFORTH, TOWN ATTORNEY
SIDEWALK MAINTENANCE ORDINANCE
October 17, 2001
ITEM NO/I)
BACKGROUND
Under California law, property owners are responsible for maintaining the sidewalk abutting their
property. However, the courts have repeatedly indicated that this duty runs from the property owner
to the municipality and not to members of the general public, absent a local ordinance to the contrary.
This means that if a member of the public is injured because of a property owner's failure to maintain
the abutting sidewalk, the municipality may be found liable rather than the property owner.
In light of this incongruity in the law, the Town's Risk Manager, the Association of Bay Area
Governments (" ABAG"), has urged its members to adopt local ordinances that expressly provide that
abutting owners are liable to members of the general public for any failure to maintain the sidewalk
ANALYSIS
ABAG recommends a model previously adopted by the Cities of San Jose and MilIbrae. This
ordinance does not change the substantive obligations of property owners, given that state law
already requires that they maintain sidewalks. The ordinance does clearly state that if any person
should sustain injury due to the failure of the owner to maintain the sidewalk in a safe and non-
dangerous condition, the owner is directly liable to the injured person. The ordinance also establishes
a procedure for the Town Engineer to notifY property owners of sidewalk conditions requiring repair,
reconstruction or improvement. If the owner fails to make the necessary repair, reconstruction or
improvement within two weeks, the ordinance would allow the Town to perform the work and obtain
reimbursement from the owner.
Staff expects that the ordinance will reduce claims against the Town for injuries relating to defects
in sidewalks. Where such claims occur, the Town will be in a better position to deny them and refer
the claimant to the responsible property owners.
RECOMMENDA nON
Staff recommends that the Council:
I. Conduct a public hearing on the proposed new ordinance;
2. By motion, read the ordinance by title only; and
3. Pass first reading of the ordinance by roll call vote.
EXHffiITS
Draft Ordinance
,
ORDINANCE NO.
N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TmURON ADDING CHAPTER 24 OF THE
TmURON MUNICIPAL CODE, REGARDING
MAINTENANCE OF SIDEWALKS
The Town Council of the Town ofTiburon does ordain as follows:
SECTION 1. A new Chapter 24 entitled "Maintenance of Sidewalks" is hereby
added to the Tiburon Municipal Code to read as follows:
Sections:
24-0 I.
24-02.
24-03.
24-04.
24-05.
24-06.
24-07.
24-08.
24-09.
24-10.
Section 24-01
CHAPTER 24
MAINTENANCE OF SIDEWALKS
DEFINITIONS
DUTY OF PROPERTY OWNER TO REPAIR SIDEWALK
LIABILITY FOR INJURIES TO PUBLIC
NOTICE TO REPAIR SIDEWALK; COMMENCEMENT DATE
NOTICE; METHOD OF GIVING
REP AIRS; WHEN PERFORMED BY TOWN
REPORT; TOWN ENGINEER TO FILE
REPORT; NOTICE OF HEARING
HEARING; PROTESTS; CONFIRMATION OF REPORT
ASSESSMENT OF COST; COLLECTION
Definitions
The term "Sidewalk Area" shall mean the area between a private property line and the
street line, which area may include the sidewalk itself, a planting strip, parking strip and any
curbing, bulkheads, retaining walls or other works for the protection of any sidewalk, planting
strip, or parking strip. For the purpose of this definition, "street line" shall mean the outer
physical boundary of the street, where the asphalt meets the concrete gutter or curb.
The term "Owner" includes without limitation, the fee owner(s) of real property, or their
agents, or the person(s) in possession of real property adjacent to a Sidewalk Area.
Section 24-02.
Duty Of Property Owner to Repair Sidewalk
The Owner of real property adjacent to or fronting on any portion ofa Sidewalk Area
shall repair and maintain such Sidewalk Area in a safe and nondangerous condition at the
(';, TEMPlMainlenance of sidewalk. doc
,
Owner's cost and expense. The Owner shall have the primary and exclusive duty to perform such
repair and maintenance, whether or not the Town has notified the Owner of the need for such
repairs or maintenance or has performed similar maintenance or repairs in the past. This duty to
repair shall include damage caused by any forces including without limitation damage caused by
street trees planted within the public right of way or adjacent private property.
Section 24-03
Liability for Injuries to Public
Any Owner required by Section 24-11.02 to repair and maintain any portion ofa
Sidewalk Area shall owe a duty to members of the general public, including travelers on the
Sidewalk Area, to repair and maintain the Sidewalk Area in a safe and nondangerous condition.
It shall be a violation of this chapter for any Owner to fail to perform the duties and obligations
established by Section 24-11.02 or to perform such duties and obligations in a negligent manner.
If any person suffers personal injury or damage to property, as a result of the failure of any
Owner to maintain any Sidewalk Area in a safe and nondangerous condition as required by
Section 24-1 1.02, the Owner shall be directly liable to such person for the resulting injury or
damages, and no liability shall attach to the Town for such injury or damages.
Section 24-04
Notice To Repair Sidewalk; Commencement Date
When in the judgment of the Town Engineer, any portion of any Sidewalk Area is so out
of repair or in such condition as to endanger persons or property passing thereon or as to
interfere with the public convenience in the use thereof, the Town Engineer is authorized to
notify the Owner in writing, to be delivered to such Owner, requiring such Owner to repair,
reconstruct or improve forthwith, in such manner, with such material( s) and to the extent as the
Town Engineer may determine and direct, such that the Sidewalk Area is restored to a safe and
nondangerous condition.
Within two weeks after such notice shall have been delivered to such Owner, he or she
shall cause to commence such repair, reconstruction or improvement as may have been
determined by the Town Engineer and directed in the notice, and shall diligently and without
interruption, prosecute the same to completion.
Section 24-05
Notice; Method Of Giving
Notice to repair may be given by delivering a written notice personally to the Owner of
the property adjacent to the Sidewalk Area or by mailing written notice, postage prepaid, to the
Owner thereof at hislher last known address as the same appears on the last equalized assessment
rolls of the Town or to the name and address of the person owning such property as shown in the
records of the office of the Town clerk.
Section 24-06
Repairs; When Performed By Town
If any Owner refuses or neglects to make such repair, reconstruction or improvement
when required and directed in conformity with the provisions of this chapter, the Town Engineer
shall cause such repair, reconstruction or improvement to be made, and any and all costs
2
,
necessarily expended by the Town in making such repair, reconstruction or improvement shall be
reimbursed to the Town as described below in Section 24-11. 10.
Section 24-07
Report; Town Engineer to File
Upon the completion of the repair, the Town Engineer shall prepare a report specifying
the repairs, reconstruction or improvement which have been made, the cost of the said work, a
description of the real property adjacent to the Sidewalk Area on which the work has been
undertaken and the amount against each lot or parcel ofIand proposed to become a special
assessment to pay the cost of such work. Any such report may include repairs to any number of
parcels of propellY, whether contiguous to each other or not All such reports shall be compiled
and filed with the Town Council on an annual basis, allowing the council enough time to
approve the reports and forward any special assessment to the Marin County Assessor's Office
prior to the date fixed by law for the delivery of the assessment book, as discussed below in
Section 24- I 1. 10.
Section 24-08
Report; Notice of Hearing
Upon the completion of the repair, the Town Engineer shall cause notice of the cost of
the repair to be given the Owner (in the same manner specified in Section 24-11.05 for the giving
of notice to repair), which notice shall specify the date, time and place when the Town Council
will hear and pass upon the report by the Town Engineer regarding the cost of the repair (if such
date, time and place has been determined), together with any objections or protests, if any, which
mllY be raised by any Owner liable to pay the cost of such repair and any other interested
persons. If, upon completion of the work, the date, time and place for the hearing have not yet
been determined, the Town shall send a second notice including such information at least 30
days prior to the hearing.
Section 24-09
Hearing; Protests; Confirmation of Report
Upon the date and time fixed for the hearing the Town Council shall hear and pass upon
the repoll of the Town Engineer, together with any objections or protests which may be raised by
any Owners liable to pay for the repair work and any other interested persons. Thereupon the
Town Council may make such revision, correction or modifications in the report as it may deem
just, after which, by resolution, the report as submitted, revised, corrected or modified shall be
confirmed. The Town Council may adjourn the hearings from time to time. The decisions of the
Town Council on all protests and objections that may be made shall be final and conclusive.
Section 24-10
Assessment of Cost; Collection
A The cost of the repair may be assessed by the Town Council against the parcel of
property adjacent to the Sidewalk Area upon which such repair was made, and such cost so
assessed, if not paid within fourteen days after its confirmation by the Town Council, shall
constitute a special assessment against that parcel of property, and shall be a lien on the property
for the amount thereof which lien shall continue until the assessment and all interest thereon is
paid, or until it is discharged of record.
3
6
B. If the cost so assessed is not paid within fourteen days, then the special
assessment shall be delivered to the Marin County Assessor's Office (together with the
Engineer's report and the Town Council's resolution approving it), who shall enter the amount
thereof on the County assessment book opposite the description of the particular property and the
amount shall be collected together with all other taxes thereon against the property. The special
assessment shall be delivered to the County Assessor's Office prior to the date fixed by law for
the delivery of the assessment book to be collected at the same time and in the same manner as
ordinary Town taxes are collected, and such special assessments shall be subject to the same
penalties and the same procedure under foreclosure and sale in case of delinquency, as provided
for ordinary municipal taxes.
SECTION 2 SEVERABILITY
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of the Ordinance. The Town
Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or
more sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
SECTION 3. EFFECTIVE DATE.
.
This Ordinance shall take effect and be in force thirty days after the date of passage, and
before the expiration of fifteen (I5) days after passage by the Town Council At least five days
prior to its adoption and within fifteen days after its adoption, a summary of this Ordinance, the
latter summary to include the names of those Town Council members voting for and against the
Ordinance, shall be published once in a newspaper of general circulation printed and published
in the County of Marin and circulated in the Town ofTiburon. At the time of the publication of
each summary, the Town shall post in the Office of the Town Clerk a copy of the full text of this
Ordinance in compliance with Government Code Section 39633(c)(l).
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on ,2001, and was adopted at a regular meeting of the Town Council of
the Town of Tiburon on ,2001, by the following roll call vote:
AYES
NOES:
ABSENT
ANDREW THOMPSON, MAYOR
4