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Home My WebLink AboutTC Agd Pkt 2008-06-18 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard . Tiburon, CA 94920 Regular Meeting Tiburon Town Council ]uneI8,2008 7:30 p.m. Interviews - 6:30 p.m. AGENDA TIBURON TOWN COUNCIL INTERVIEWS FOR VACANCIES ON TOWN BOARDS &: COMMISSIONS (6:30 p.m.) (Design Review Board, Planning Commission,Jt. Recreation Committee, POST Commission) 6:30 p.m. - Matt Turley 6:40 p.m. - Jackie Brown 6:50 p.m. - Mark Cappell 7:00 p.m. - Helen Lindqvist 7:10 p.m. - Philip Feldman Petey Stein - Application Withdrawn CALL TO ORDER AND ROLL CALL Councilmember Berger, Councilmember Collins, Councilmember Gram, Vice Mayor Fredericks, Mayor Slavitz ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATION . Library Expansion Update (EHDD Architects) CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - Adopt minutes of June 4, 2008 meeting (Town Clerk Crane Iacopi) 2. Community Development Block Grant - Approve renewal of three~year agreement with County of Marin and authorize Town Manager to execute agreement (Director of Community Development Anderson) 3. 430 Ridge Road - Adopt resolution approving subject to conditions a Site Plan and Architectural Review application for exterior modifications to an existing single~family dwelling (Associate Planner Tyler) - item continued from June 4, 2008 Applicant: Assessor's Parcel No. Mark and Lynn Garay 059~082~ 22 4. Marin County GrandJury Report - Authorize Town Response to GrandJury Report on Animal Control Services (Town Attorney Danforth) 5. Mar West Overlay Project - Adopt Resolution and Authorize filing of Notice of Completion of Work (Director of Public Works/Town Engineer Nguyen) ACTION ITEMS 1. Appointments to Town Boards, Commissions &: Committees - Consider appointments to fill vacancies on Town boards, commissions and committees (Town Clerk Crane Iacopi) a) Parks, Open Space &; Trails (five vacancies) b) Planning Commission ( one vacancy) c) Design Review Board ( one vacancy) d) Jt. Recreation Committee (two vacancies) e) Belvedere~ Tiburon Library Agency (one vacancy) f) Marin Commission on Aging ( one vacancy) 2. Department of Public Works Management Audit - Presentation of conclusions of Organizational and Operational Review of the Public Works Department by Matrix Consulting Group and Staff recommendations on implementation (Town Manager Curran &; Director of Administrative Services Bigall) 3. Neighborhood Permit Parking - Consider adoption of resolutions creating a New Pine Terrace Permit Parking Program and amending the existing Mar West area Residential Parking Permit Program - (Chief of Police Cronin) 4. Municipal Budget - Consider adoption of resolutions pertaining to Municipal Budget and Capital Improvement Program for Fiscal Y ear 2008~ 2009 (Town Manager Curran &; Director of Administrative Services Bigall) TOWN COUNCIL REPORTS . Report from TAM - SMART Working Group (Vice Mayor Fredericks) TOWN MANAGER'S REPORT WEEKLY DIGESTS . Town Council Weekly Digest - June 6, 2008 . Town Council Weekly Digest - June 13, 2008 ADJOURNMENT GENERAL PUBLIC INFORMATION 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) 4 35~ 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere~ Tiburon Library located adjacent to Town Hall. Agendas and staff reports are posted on the Town's website, www.ci.tiburon.ca.us. Materials related to an item on this agenda submitted to the Town Council after distribution of the agenda packet are available for public inspection at Town Hall during normal business hours. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability~related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action ( s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing ( s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing( s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN OF TIBURON - 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 18, 2008 Agenda Item: (- C- J STAFF REP()RT To: Mayor and Members of the Town Council From: Office of the Town Attorney Subject: 430 Ridge Road: Supplemental Reviewed By: ~ BACKGROUND The applicant requested an amendment to a home that the Town had previously approved. The Town Council heard the matter on May 21,2008 and directed staff to return with a resolution approving the application, adding new conditions of approval. Originally, the applicants only requested an amendment to allow them to increase the height of stone panels at the front of the residence. After the Council agreed to hear that application de novo, the applicants added a request that the Town approve the removal of skylight shrouds imposed as condition on the earlier approval in order to prevent light pollution, as required by the Municipal Code. Staff prepared a draft resolution for the following meeting on June 4, 2008. At the applicants' request, the Council continued the item to June 18th to allow them to review the draft resolution more carefully. On Saturday, June 14th, the applicants sent staff an e-mail requesting a further continuance and objecting to the last sentence of Condition #2 as overly broad. ANAL YSIS The Council agreed to hear this item in order to settle a lawsuit that the applicants filed against the Town. If the Council continues the item, it will further defer the applicants' obligation to dismiss that litigation; accordingly, I recommend against another continuance. However, upon meeting with the Community Development Department and the Town Manager, I have concluded that the last sentence of Condition #2 goes further than the Council intended. Accordingly, we have re-drafted that sentence to hew more closely to the Municipal Code's directives, specifically Zoning Ordinance Section 16-4.2.7(h). I have attached a revised resolution as Exhibit 1, with the change highlighted. RECOMMENDATION Staff recommends that the Town Council adopt the attached resolution. Exhibits: Draft Resolution (revised 6/17/2008) Prepared By: Ann R. Danforth, Town Attorney RESOLUTION NO. DRAFT -2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON APPROVING A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR EXTERIOR MODIFICATIONS TO AN EXISTING SINGLE-FAMILY DWELLING ON PROPERTY LOCATED AT 430 RIDGE ROAD WHEREAS, on June 1, 2007, Planning Division Staff received a Site Plan and Architectural Review application (the "Application") for an exterior modification to raise several stone veneer panels fifteen inches at the front (north elevation) of an existing residence located at 430 Ridge Road. The Application was submitted by property owners Mark and Lynn Garay ("Applicants"); and WHEREAS, on June 19,2007, Planning Division Staff approved the Application with the condition that gave the Applicants the option to remove the skylight shrouds behind the raised stone veneer panels; and WHEREAS, on June 26, 2007, the adjacent neighbor to the Applicants located at 440 Ridge Road filed a timely appeal of this decision to the Design Review Board; and WHEREAS, the Design Review Board held a duly noticed public hearing for the appeal on July 19,2007, and after receiving public testimony, determined that the raised stone veneer panels would not effectively screen the skylights from the uphill neighbors, and that therefore the shrouds should remain; and WHEREAS, based on the above fmding, the Design Review Board voted 4-0 to grant the appeal, thus denying the extension of the raised panels and causing the skylight shrouds to remain in place; and WHEREAS, on November 1, 2007, the Applicants filed a petition for writ of mandate, Marin Superior Court No. CV 075196, (the "Complaint") challenging the Design Review Board's decision, asserting that there was no substantive evidence in the record to support the Design Review Board's fmdings to grant the appeal and deny the Applicants request to modify the exterior of the residence ; and WHEREAS, as a compromise settlement of the case, the Town and the Applicants agreed that the Town Council would hold a De Novo hearing on the merits of the Application after which the Applicants would dismiss the Complaint in its entirety with prejudice ("Settlement Agreement"); and TIBURON TOWN COUNCIL Revised 6/1712008 RESOLUTION NO. DRAFT -2008 --/--/2008 EXHIBIT NO. I WHEREAS, in reliance on the Settlement Agreement, and specifically in reliance on Applicant's promise to dismiss the Complaint with prejudice, the Town scheduled the hearing on the Application on April 2, 2008. On that same date, Applicants requested that the Application be amended to include removal of all the skylight shrouds on the residence, including those not in a location where the stone veneer panels were proposed to be extended, and further requested that the Town continue the hearing to allow the Town to consider this new request; and WHEREAS, on May 21, 2008, the Town Council of the Town of Tiburon held a duly- noticed public hearing on the merits of the Application, as provided in the Settlement Agreement, and the subsequently-made requests to amend the Application; during which public testimony was heard regarding the project and the Design Review Board's review of the Application; and WHEREAS, after hearing all testimony and reviewing all documents in the record, the Town Council determined that the increased height of the proposed raised stone veneer panels would not block views from the uphill residence at 440 Ridge Road and therefore approved Applicants' request to raise the panels up to 15 inches in height; and WHEREAS, the prior Site Plan and Architectural Review approval for the residence had required shrouds for all skylights to avoid off-site light pollution to the neighbors. The Council could not determine on the evidence before it whether some or all of the previously-required shrouds would be necessary for this purpose; and WHEREAS, based on the above fIDdings, the Council voted 4-0 to direct Staff to return with a draft Resolution conditionally approving the amended Application, subject to conditions imposing a maximum fifteen inch height limit for the extension of the stone veneer panels and subject to verification by Staff prior to occupancy that the skylights would not emit light that is visible off-site, both in the fully open and fully closed positions. NOW, THEREFORE BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby approve the Application, as amended, subject to the following conditions: 1. The stone veneer panels may be raised a maximum of fifteen inches (15") in height, measured from the existing roof line. 2. Following installation of the extended stone veneer panels and completion of the interior walls and installation of interior lighting fixtures, but prior to issuance of an occupancy permit for the residence by the Building Division, Town staff shall view the residence from the neighbors' properties after dark, with all interior lighting installed and turned on, to determine which skylights, if any, emit light that is visible off-site. Staff shall view the residence with all skylights fully open and with all skylights closed. If Town Staff determines that light from the skylights causes licl1t pollution on other prooerties is: _ _ _ _ - - { Formatted: Strikethrough '/isible Hem eff site, the Applicants shall install shrouds as required and directed by Town S2t.aft:. t9 _s!1!el~ ~~i~~~f!.t yi~~~ fr9Q1 ~ny_ ~ky!igQ.~(~t *~t_ _ _ - -1 Formatted: Strikethrough emit(s) such light. TIBURON TOWN COUNCIL Revised 6/1 712008 RESOLUTION NO. DRAFT-2008 -/--/2008 2 3. Applicants shall dismiss the Complaint with prejudice within ten (10) days of the adoption of this resolution. 4. If this approval is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge. The property owner/applicant agrees to defend, indemnify and hold the Town ofTiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. PASSED AND ADOPTED at a regular meeting of the Town Council on 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI TOWN CLERK s: IAdministration I Town Counci/lStaff Reports \2008 Vune J 8 Drafts\430 Ridge Road Reso.doc TIBURON TOWN COUNCIL Revised 6/1 712008 RESOLUTION NO. DRAFT-2008 --/--/2008 3 Page 1 of2 Dan Watrous ~rOWNCOUNCIl From: garayllc [garayllc@pacbell.net] Sent: Saturday, June 14, 2008 7:46 PM To: Dan Watrous Cc: John Dresslar Subject: Proposed Resolution 430 Ridge appeal LATE MAIL #cc- ~3 MEETING DATE frJ- /r-o,f' Dear Dan, Please circulate to the council, Town attorney, and others concerned. AsI have previously informed you, we will not be returning until the 2gth. We therefore would be faced with the hardship of having little time to file an appeal, in the event we disagree with the resolution as approved. Conversely, there would be no prejudice to continuing this matter until we return. We request that the matter be continued. In the event the Council does not continue this matter as requested, we hereby offer the following objection to the proposed resolution. We note that the proposed resolution seemingly would require the Town staff - if it ultimately determines that "light from the skylights is visible from off-site" (without describing how much light and viewed from where) - to require us to install shrouds to "shield any skylight(s) that emit(s) such light." The requirement that we prevent all light from being visible in each and every spot off-site - as contrasted with keeping annoying or polluting light from being visible from the living areas of our two neighbors -is contrary to what the ORB required, goes beyond what the appeal considered, is far too subjective, and is contrary to Town practice. In fact such a condition is impossible to compty with as there would certainly be some light visible from any such skylight at some location "off site" viewed by someone at a distance. In fact there is abundant light emanating from our windows when they are viewed over our fence, and conversely from our neighbors, built so what? Seeing a small amount of light in the distance, or in the skyline is a condition acceptable in an urbane lifestyle. Why should the Town care whether a mote of light is visible to passing cars, neighbors off in the distant hills, or otherwise, where the alternative, placing shrouds completely around the skylights, would be architecturally unattractive, and costly? First, there is no question that the issue of concern about the skylights was their impact upon neighbors. The staff position at ORB and at the councilleval was articulated and made through photographs that they took from inside the Hannahs residence, which were made the pivotal exhibit to both staff reports. Second, in the two instances where "light pollution" issues arose in residences since the beginning of 2007, the Council took a much more reasonable position. In its recent decision on a house to be constructed at 275 Diviso, the Council had to address a proposed 17 -foot tower with 14 windows, and in granting an appeal of ORB approval simply required that windows be removed from the clerestory that would face two specifically identified neighbors (at 2040 Vistazo East and 295 Oiviso Street). More significantly, in addressing a house at 2135 Vistazo East Street, the Council in April 2007 noted the existence of a light pollution problem from two skylights but let the project proceed as planned even though the architect seemed willing to readily remove the proposed skylights. Finally, Town policy on skylights appears to focus on the impact they have on adjacent views. At the April 4, 2007 Council hearing regarding possible changes in the Town Code, the minutes reflect the following exchanges: 'With regard to skylights, Berger said that whatever language was finally chosen should ensure that they are shielded form the views from contiguous properties.... Mayor Gram recommended language that would require all skylights to be bronzed or tinted and not made of frosted glass. He added that they should "be shielded from adjacent views." Mr. Watrous said that this was not possible at times due to topography. He added that applicants were encouraged to limit and shield skylights from adjacent views; that these were guiding principles." The views to be considered are the views from neighbors homes as they enjoy the evening, and not when they walk to the fence line to peer over the shrubs. 6/17/2008 Page 2 of2 In sum, therefore, we believe that the proposed Resolution's absolute prohibition on any leakage of light viewable off property is impossible to comply with, contrary to reason and Town practice. Based upon the foregoing, we respectfully request that the resolution language be reconsidered and redrafted to state; "if the Town Staff determines that there is excessive Ught visible that disturbs the neighbors when viewed from their home, or pollutes the night skyline as viewed from the neighbors residence..." Sincerely , Mark M. Garay 6/17/2008 \"" June 18, 2008 Draft 4/....3 ~-,.(f Cl' RESOLUTION NO. XX-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TillURON ESTABLISHING A RESIDENTIAL PARKING PERMIT PROGRAM ON PINE TERRACE WHEREAS, the Town Council of the Town of Tiburon, after hearing any and all public testimony, finds and determines as follows: a. The entire street of Pine Terrace is subject to heavy use and demand from persons who utilize McKegney Green and surrounding areas; b. Pine Terrace provides only marginally adequate on-street parking for residents; c. The California Vehicle Code authorizes the Town to adopt by Resolution a system granting preferential parking privileges on streets within the Town to residents adjacent to such streets; and d. The establishment of a permit parking zone for Pine Terrace will alleviate the parking problems of the residents. NOW, THEREFORE, THE TOWN COUNCIL ON THE TOWN OF TIBURON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Authority. This resolution is adopted pursuant to Section 22507 of the Vehicle Code of the State of California. Section 2. Permit System Established. The Pine Terrace Residential Parking Permit Program is hereby established. Section 3. Parking Restricted. No operator of any vehicle shall stop, stand or park such vehicle on any portion of Pine Terrace on any day, including Saturdays, Sundays and Holidays, between the hours of7:00 A.M. and 7:00 P.M., unless a valid residential or construction parking permit is affixed to the left rear window of the vehicle or suspended from the rear view mirror of the vehicle. Section 4. fuw. Street signs shall notify the public that any vehicle parked in the violation of this resolution may be cited and/or towed. 1 June 18, 2008 Draft Section 5. Residential Parking Permits. A. Residents. Residents meeting the following criteria may apply for residential parking permits at the Tiburon Police Department: 1. The applicant presents proof of residency such as a property tax bill, utility bill bearing the applicant's name and a Pine Terrace address, or title thereto, or a lease or rental agreement for a residence with a Pine Terrace address, and 2. The applicant presents one of the following: a. a valid vehicle registration, temporary registration or title bearing the applicant's name, the name of a family member or domestic partner, or b. a letter from the registered or legal owner of the vehicle stating the person is authorized to use the vehicle accompanied by valid vehicle registration for the vehicle. B. Dual Residence. Residents of Pine Terrace who maintain more than one household, and whose vehicle(s) is registered at an address other than Pine Terrace, will be entitled to obtain parking permit(s) upon meeting the requirements of Section 5.A.l, accompanied by a written statement affirming that the applicant periodically resides at the Pine Terrace residence, and that said residence is not rented to others who occupy the premises to the exclusion of the applicant. C. Company Vehicles. Applicants who regularly operate a vehicle owned/leased by their employer shall, in addition to providing proof of residency, provide proof of the vehicle assignment by furnishing a letter attesting to the fact, and signed by an officer or managing agent of the company on company letterhead. D. Multiple Permit Stickers. A single permit sticker will be issued for each vehicle registered meeting the requirements of Section 5.A.lor Section 5.A.2. Section 6. Guest Parking Permits. Two guest parking permits for each legally established dwelling unit (residence) will be provided to applicants meeting the conditions described in Section 5.A.lor Section 5.A.2. A Guest Parking Permit is to be suspended from the interior rear-view mirror of the guest's vehicle while the vehicle is parked on Pine Terrace. Section 7. Party Parking Permits. Party Parking Permits for each legally established dwelling unit (residence) may be obtained from the Police Department. Residents may obtain the desired number of temporary guest permits by bringing one of their Guest Parking Permits to the Police Department during normal business hours. A member of the department will duplicate the Guest Permit on department letterhead and sign and date/time the temporary permit for the start of the desired 24 hour period. The permit is to be displayed on the driver's side dashboard of the party guest's vehicle. Each Party Parking Permit will be valid for a 24-hour period only. 2 June 18, 2008 Draft Section 8. Construction Parking Permits. Construction Parking Permits for each legally established dwelling unit (residence) may be obtained from the Building Department and are to be displayed on the driver's side dashboard. Each Construction Permit will show the address where work is being done, an expiration date not to exceed six months from issuance, and will be valid only from 7:00 A.M. - 5:00 P.M. on weekdays and from 9:30 A.M. to 4:00 P.M. on Saturdays. Section 9. Fees. The fees for the issuance of the parking stickers and permits are as follows: a. Resident Sticker(s) & two Guest Parking Permits: (May be prorated with minimum fee of$10.00) Annual Fee: b. Construction Parking Administrative Fee (No Limit) c. Replacement Permit Administrative Fee $25.00 $25.00 $10.00 Section 10. Replacement Sticker and Permits. Upon loss, destruction, or theft of a resident parking sticker of guest parking permit, the Police Department will issue a replacement sticker or permit with a new number. Any vehicle displaying a permit previously reported as lost or stolen, or otherwise invalid, is in violation of the resolution and is subject to citation and towing. Section 11. Violation. Vehicles parked in violation of this resolution are hereby decreed a public nuisance and shall be subject to a fine of$30.00. The owner/operator of the vehicle is responsible for payment of all towing and storage fees. Section 12. Effective Date. The Permit Parking System established for Pine Terrace herein shall become effective immediately. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 18, 2008 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI, TOWN CLERK \ \townhall1 \sharedlAdministration \ Town CouncillResolutions \2 008\Pine Terrace parking permit resolution 6-18 (3). doc 3 P()LF EISELiN ~ ~f-~~"Z:~ m ~. ;'f!.,z..z..~-'r'rJ ['\' ~' -I ~ - z n1 (;) o~ =t~ mr- ~.. ~., ~ \ ~. :; ~, ~~, 'I BEi8 r'J10U~~T AIN ViEW DRIVE 'r-jON, CA 94920-1810 RES, LA CC)TE 60 -"110 MORC3ES SUISSE tel, +41218017077 fax + 41 21 801 7036 1 415 435 1198 -i 1 415 435 1238 e-mail: rolfeiselm@aol.com 8002 ZURICH tel.+4112810774 t"RCHITECT SI,b, DIPL,EPFZ F~H3ISTERED A.RCHITECT, STATE OF ILLINOIS, USA + S\NITZERLAND Addresses: till 7.29.08: Tiburon; after 7.31. till 1 0.6.08: Morges, Switzerland Tiburon,6.17.08 rD) ~ ~ ~ ~ W ~ :"') Inl JUN 1 8 2008 .~ Tiburon Town Council Town Hall Tiburon, CA 94920 TOWN CLERK TOWN OF TIBURON re: Belvedere- Tiburon Library Expansion Dear Council members, please consider to expand the library on the land behind the library. Reasons: the proposal to expand on the current parKing tot is unsatisfactory. The space between Town Hall and existing Library would be overcrowded. The style of the proposed expansion does not fit with tne traditionai style of 1he town Half and the existing Library. The view from Tiburon Boulevard, where all residents and visitors pass by, would be especially affected. Much bener would be an expansion benind the Library. Here the arcnltects woutd have a free hand to design a building in contemporary style. It could be a jewel of architecture, to attract visitors to Tiburon from here and abroad. This criticism IS not against the EHOD Arch~tecture, a very good firm, nor against Deborah Mazzolini, the excellent Library Director. I just think the current proposal is "on the wrong track". Sincerely, n~1 ~, ~~~ Rolf EisJlin PS: t wr'ite because I UKe this town ana' wish to contribute what I nave learned here and abroad (among other at SOM Skidmore Owings & Merrill in design team for the US Air Force Academy). copies for info 10: Belvedere- Tiburon Library Agency Deborah Mazzolini, Library Director .. i&.v-~ ,t';"; ~...' ~~ ~ C--l o c: :z n - r- ~ r- ~ ~ ~~ ~ ~ TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 18, 2008 Agenda Item: '~ . !/~(-Ji tL (a-ff ci/( STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Presentation by the Belvedere- Tiburon Library Agency Building Committee and Architects Regarding Library Expansion Options e Reviewed By: DISCUSSION As the Town Council is aware, the Belvedere- Tiburon Library Agency is in the midst of a multi- year effort to expand its facility to meet the growing need in the community for library space and services. To help the Library achieve this goal, the Town Council voted on June 6, 2007, to conditionally grant the Library approximately 16,000 square feet of land behind the current library. On March 19, 2008, the Library made a presentation to the Town Council of two alternate scenarios for expansion, one which would expand the current Library building toward Town Hall, with parking located in the rear, and another which would add a building to the rear of the site, with parking left between the buildings. At that meeting the Town Council encouraged the Library to continue its expansion efforts, but did not provide specific feedback on the issue of location. The Library Agency is now at a juncture in its planning where it needs to make a firm decision on location to advance both its architectural programming and its fundraising efforts, so it is seeking feedback from the Town Council on this question. Toward this end, the Library Agency and its architects will make a presentation to update the Council on its expansion plans and the options for locating the new square footage. The public has been encouraged to attend and may also wish to speak to this or other Library expansion issues. Because this is not an application before the Town at this time, there is no formal motion or action for the Town Council to consider. Rather, the Library is seeking a "sense of the body" so that it may have the benefit of the Town Council's thinking as it moves through its planning process. RECOMMENDATION Staff recommends that the Town Council hear the presentation, ask any questions it may have of the Library Agency and its architects, and provide feedback to the Library Agency on its expansion plans with a specific focus on the issue of location. If a consensus emerges, the Mayor may wish to articulate the "sense of the Council" to summarize and clarify the outcome of the meeting for the benefit of the Library and the public. Prepared By: Peggy Curran, Town Manager (~(" ~--- I TOWN COUNCIL MINUTES CALL TO ORDER Mayor Slavitz called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, Wednesday, June 4, 2008~ in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Collins, Fredericks, Gram, Slavitz PRESENT: EX OFFICIO: Town Manager Curran, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Chief of Police Cronin, Town Clerk Crane Iacopi INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS (6:30 p.m.) (POST Commission) . Ralph Leighton - 6:30 p.m. . Peter Winkler - 6:40 p.m. . Mindy Canter - 6:50 p.m. . Jim Fraser - 7 :00 p.m. . Michael McMullen -7:10 p.m. . Hank Skade - 7:20 p.m. ORAL COMMUNICATIONS None. INTRODUCTION OF NEW TOWN EMPLOYEES New Police Officers - Eric Engstrom & Zachary Jacobsen (Chief of Police Michael Cronin) Chief Cronin introduced the two new officers and welcomed them to the community. PRESENTATION - Annual Heritage Preservation Award Chris Morrison, Recipient (Heritage & Arts Commission Chair Margaret Bremer) DRAFT Town Council Minutes #10 -2008 June 4, 2008 Page 1 '" Ms. Bremer said the award was given annually to recognize excellence in safeguarding yesterday's treasures for future generations. She presented the award to Chris Morrison who, for over 40 years, she said had been collecting and sharing local history through the collection of artifacts, legends, and stories from the Tiburon Peninsula. Mr. Morrison accepted the award and thanked the commission and community for this high honor. Members of the Town Council added their comments and thanked Mr. Morrison for his contributions. CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of May 21,2008 meeting (Town Clerk Crane Iacopi) 2. 430 Ridge Road - Adopt resolution approving subject to conditions a Site Plan and Architectural Review application for exterior modifications to an existing single-family dwelling (Associate Planner Tyler) Applicant: Assessor's Parcel No. Mark and Lynn Garay 059-082-22 3. Tiburon Court Subdivision - Approve Services Agreement for Biological Review and Mitigation Monitoring Services (Director of Community Development Anderson) Mayor Slavitz said that Item No.2 was being removed from the Consent Calendar. He stated that the appellant had requested a postponement and that the item would be continued to June 18. MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1 and 3. Berger, seconded by Fredericks AYES: Unanimous PUBLIC HEARINGS 1. Municipal Budget - Introduction of proposed Municipal Budget for Fiscal Year 2008- 2009 (Town Manager Curran & Director of Administrative Services Bigall) Town Manager Curran thanked the Director of Administrative Services for all of her work in preparing the budget. She said that staff was pleased to present a balanced budget, although there was a smaller surplus than in years past. She also pointed out some changes in the format of the budget, from landscape to portrait, and the addition of a "non-departmental" section which would show costs not attributable to just one department that had previously been included in the administrative services department budget. DRAFT Town Council Minutes #10-2008 June 4, 2008 Page 2 Director Bigall reviewed the operating budget with a power point presentation. She first reviewed projected revenues which she estimated would include a 3% increase in property taxes but a 12% decrease in Building Department revenues which she said were a result of the economic downturn and declining interest rates. Councilmember Berger asked whether the transient occupancy taxes were going up or down. Ms. Bigall said that they would exceed budget in the current fiscal year and that she proj ected an increase in the next fiscal year, as well. With regard to expenditures, Director Bigall said that employee benefits were projected to be higher in the coming year due to the elimination of the Town's CALPERS "super-funded" status, as well as other increases in personnel costs. She said that the Police Department investigator position had been staffed using COPS funding, but since that is not anticipated in the coming year budget the position would be funded through the Town's general fund. The Council discussed projected revenues versus expenditures. Councilmember Berger praised Ms. Bigall for her prudence and probity in planning for economic downturns. He asked whether she thought that expenditures would exceed revenues in the current year. Ms. Bigall said that the Town would not allow this to happen, however she predicted that the gap would close due to possible state take-aways and decreased property taxes. Town Manager Curran added that Town staff took a more conservative approach than other cities in Marin in projecting lower property tax revenues in the coming year. Director Bigall also discussed the town's reserves, stating that the Town would start the coming fiscal year with over $8 million in reserves, which represented one year's worth of operating reserves. Vice Mayor asked what the difference was in the budget between reserve funds and restricted funds. Ms. Bigall explained that the general fund had both designated reserves and restricted funds; the designated reserves were a part of the budget process that allowed the Town to fund projects in a specific area. Town Manager Curran added that allocated general fund reserves can be reallocated or reprogrammed by the Council while restricted funds, by law, cannot. During the department overview, Council asked certain questions of staff. One question was directed to Director of Community Development Anderson about whether any thought had been given to the impact of the economic downturn on the planning and building division budgets. Mr. Anderson said that while there had been a slight decrease in activity in those divisions, no program shifts were anticipated at this time. Mayor Slavitz asked what would happen if the Marin Clean Energy program took off-would there be a cost to the Town. DRAFT Town Council Minutes #10-2008 June 4, 2008 Page 3 Town Manager Curran said that according to the County's analyst, Dawn Weisz, there would not; however, she said that staff would certainly bring the issue to the Council if that information changed. Ms. Curran then introduced Director of Public Works/Town Engineer Nguyen who gave an overview of the upcoming capital improvement program budget for fiscal year 2008-09. Director Nguyen said that the coming year would see another ambitious street rehabilitation program, and that $650,000 was budgeted for this program. Nguyen said that the Town had received a "safe routes to school" grant in the amount of$250,000, which would be used for re-striping crosswalks and installation of curb ramps at Del mar School. In addition, the Director said that grant funding had also been obtained for improvements to the Pine Terrace Path, as well as other paths on Cayford, Jefferson to Reed Ranch Road, and Raccoon Lane. The Director said that a new storm drain rehabilitation plan was in place for the coming year, which would start with the Beach Road and Tiburon Boulevard area. He said the Town would spend $200,000 each year for the next few years to achieve deferred maintenance and rehabilitation for its drainage infrastructure. Other community projects described by the Nguyen were the replacement of guard rails on certain streets and seawall improvements in conjunction with the City of Belvedere. He also described a project to replace a wall that had eroded in the Paradise Drive area. Director Nguyen praised the efforts of the playground committee and said that through their efforts, $90,000 had been raised toward the improvements at the Zelinksy Playground. He also said that improvements were scheduled for the Cypress Hollow Park tot lot. Mayor Slavitz asked about previous play structures at Belveron Mini Park and whether new structures were planned for that location. Director Nguyen said that no further improvements were planned to that park at this time. Council asked about the proposed plans for the Public Works Corporation Yard. Director Nguyen said that staffwas working with the Council's finance subcommittee to select an architect to develop a master plan for the corporation yard. The possibility of improving the dirt parking area near Lyford Drive was also raised by Council. Council praised Nguyen for his attention to improving the local roads. Mayor Slavitz noted that when he joined the Council, it looked like the "failed streets" would never be caught up and now it looked like they would be improved sooner than later. Councilmember Gram said that he believed Director Bigall and Manager Curran "got it" in terms of the overall economic climate and produced a budget that reflected that context. He was very impressed by Director Bigall's knowledge of the town's finances in meetings with the finance DRAFT Town Council Minutes #10 -2008 June 4, 2008 Page 4 committee. Councilmember Berger agreed that Bigall had her "finger on the pulse" of both the Town's finances and the current economy. Mayor Slavitz opened the public hearing. There was no public comment. Mayor Slavitz closed the public hearing. Staff said they would return to council with resolutions adopting the current budget at the next meeting. 2. Amendment to Town Contracts Ordinance - Consider repeal of existing Chapter 3A and adoption of new Chapter 3A of the Town Code pertaining to Contracts (Town Attorney Danforth) - 2nd reading and adoption of Ordinance Council waived the staff report. Mayor Slavitz opened the public hearing. There was no public comment. Mayor Slavitz closed the public hearing. MOTION: Moved: Vote: To read by title only. Collins, seconded by Berger AYES: Unanimous Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon repealing the existing Chapter 3A and adopting a new Chapter 3A governing town contracts." MOTION: Moved: Vote: To adopt ordinance, as written. Berger, seconded by Collins AYES: Berger, Collins, Fredericks, Gram, Slavitz TOWN COUNCIL REPORTS Vice Mayor Fredericks said that Supervisor Kinsey had made a briefreport at MCCMC stating that the County had applied for more channels for the MERA system which had met with opposition from commercial entities. She also said that Will Travis, Executive Director of BCDC, was the speaker and had calculated a one to three-foot rise in sea level due to global warming. She said the Dutch had estimated a five-foot rise by the year 2100. Fredericks said that some possible responses to this phenomenon that Travis discussed were build housing on dikes; also, to preserve certain wetlands areas but use fill for housing in other areas. Coumcilmember Berger said that he was honored to read the resolution adopted by the Town Council at the Landmarks' Society memorial to Beverly Bastian. DRAFT Town Council Minutes #10 -2008 June 4, 2008 Page 5 TOWN MANAGER'S REPORT Town Manager Curran distributed a draft agenda for the upcoming Homeowner's Summit on June 14, 2008, and asked for any changes to the agenda. WEEKLY DIGESTS . Town Council Weekly Digest - May 23,2008 . Town Council Weekly Digest - May 30,2008 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 8:37 p.m. JEFF SLA VITZ, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #10 -2008 June 4,2008 Page 6 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 18, 2008 Agenda Item: Cc -' 2- STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Renewal of Cooperation Agreement with County of Marin Regarding the Community Development Block Grant (CDBG) Program CiiJ:>-- Reviewed By: BACKGROUND The federally-funded Community Development Block Grant (CDBG) program provides grants to local governments for housing, community facility, and human service programs serving lower- income people. Every three years, the Town of Tiburon (and all the other municipalities in Marin County) renews a cooperation agreement with the County of Marin regarding CDBG funds and programs. This is necessary because of the small population of most municipalities in Marin; with the federal government defining "small" as less than 50,000 persons. The County of Marin has the staff and expertise to administer the CDBG program on behalf of the entire county. This Agreement enables residents and homeowners in Tiburon to apply for financial assistance under various federally-funded programs, such as the HOME Investment Partnership Act. The Agreement, last renewed in 2005, is about to expire and must be renewed by June 30, 2008 in order for the Town to continue participation in the program. There are no substantive changes in the Agreement from the 2005 version. A resolution authorizing renewal and execution of the Agreement is attached as Exhibit 1. The draft Agreement is attached as Exhibit 2. FISCAL IMPACT Renewal of the Cooperation Agreement will have no fiscal impact on the Town. RECOMMENDATION Staff recommends that the Town Council adopt the attached resolution. Prepared By: 1. Draft Resolution 2. Draft Agreement Scott Anderson, Director of Community Development~ Exhibits: RESOLUTION NO. Draft-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATION AGREEMENT WITH THE COUNTY OF MARIN WHEREAS, it is mutually desired by the Town of Tiburon and the County of Marin that they enter into a Cooperation Agreement, in accordance with the Housing and Community Development Act of 1974, as amended, in order to jointly undertake community development and housing assistance activities; and WHEREAS, the Town of Tiburon entered into such an agreement with the County of Marin for a three-year period ending on June 30, 2008, as adopted by Resolution No. 25-2005 on June 15, 2005; and WHEREAS, said Agreement is nearing expiration and both parties are desirous of renewing the Cooperation Agreement. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon approves and authorizes the Mayor to execute, on behalf of the Town of Tiburon, a three-year Cooperation Agreement with the County of Marin for the Community Development Block Grant and HOME Programs, and that the Town of Tiburon hereby adopts the policies included in the Cooperation Agreement. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 18, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK EXHIBIT No.L Tiburon Town Council Resolution No. XX-2008 June 18, 2008 COOPERATION AGREEMENT THIS AGREEMENT, entered into this 18th day of June, 2008, by and between the TOWN OF TffiURON, hereinafter referred to as "City" and COUNTY OF MARIN, hereinafter referred to as "County." WITNESSETH WHEREAS, TOWN OF TffiURON is a duly constituted municipal corporation under the laws of the State of California, and is empowered thereby to undertake essential community renewal and lower- income housing assistance activities; and WHEREAS, COUNTY OF MARIN is a duly constituted subdivision of the State of California, and is also empowered by State law to undertake essential community renewal and lower-income housing assistance activities; and WHEREAS, Government Code Sections 6500, et seq., authorize two or more public agencies to jointly exercise any power common to both; and WHEREAS, it is mutually desired by the parties hereto to enter into a Cooperation Agreement, in accord with the Housing and Community Development Act of 1974, as amended, and applicable Federal rules and regulations adopted pursuant thereto, whereby the parties shall jointly undertake community renewal and lower-income housing assistance activities, including those funded by the Community Development Block Grant Entitlement Program (CDBG) and the HOME Investment Partnerships Program (HOME). NOW, THEREFORE, BE IT HEREBY RESOLVED as follows: 1. The parties hereto agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities, pursuant to the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnerships Act, as amended. City agrees to undertake, or assist in undertaking, community renewal and lower- income housing assistance activities. This Agreement shall become effective October 1, 2008, and be in effect until terminated, but termination may not occur before September 30, 2011. In any event, this agreement shall remain in effect until the Community Development Block Grant and HOME Investment Partnerships Program funds from appropriations for federal fiscal years 2009,2010, and 2011 and any program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. Neither County nor City may terminate or withdraw from this Cooperation Agreement while it remains in effect. 2. Upon certification of Marin County, including all or a portion of the incorporated cities, as an "urban county" for federal fiscal years 2009, 2010, and 2011, under the Housing and Community Development Act of 1974, as amended, and applicable rules and regulations adopted pursuant thereto, a Priority Setting Committee shall be formed consisting of one (1) representative designated by each of the participating cities and one (1) representative designated by the Board of Supervisors. Each representative shall have equal voting rights on the Committee. The Committee shall prepare a proposed budget for the use of funds, and any other documentation required by the U.S. Department of Housing and Urban Development EXHIBIT NO. J 2 (HUD) for the Community Development Block Grant Program and the HOME Investment Partnerships Program, including, but not limited to, a list of specific projects to be undertaken and priorities for implementation for both housing and community development projects. In preparing its proposed plans, project priorities, proposed budget, and other documentation, the Committee shall disseminate complete information to citizens of Marin County concerning its proposals and alternatives; shall conduct public hearings to obtain the views of citizens on community development and housing needs; and shall provide citizens with adequate opportunity to participate in the development of programs and priorities. To ensure adequate participation in the planning process, six subregional citizen participation/planning areas will be designated which will include the cooperating incorporated cities as well as adjacent unincorporated areas. These will be the Richardson Bay Planning Area, the Lower Ross Valley Planning Area, the Upper Ross Valley Planning Area, the Novato Planning Area, the San Rafael Planning Area, and the West Marin Planning Area. Each year, a minimum of one workshop or public hearing shall be conducted within each citizen participation/planning area by a panel consisting of one (1) representative designated by the Board of Supervisors and one (1) representative designated by each of the participating cities located within the planning area. 3. After deduction of administrative expenses, forty percent (40%) of the net Community Development Block Grant monies and one hundred percent (100%) of the net HOME Investment Partnerships Program monies allocated annually to the County of Marin as an "urban county" under the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnerships Act, as amended, shall be allocated for housing purposes on a countywide basis. The portion of CDBG funds described in the immediately preceding sentence shall be known as "CDBG Countywide Housing funds." Distribution of such funds will be made by the Board of Supervisors, on recommendation of the Priority Setting Committee. Such distribution will be consistent with HUD guidelines and evaluation criteria developed by participating cities and the county, to ensure consistency and facilitate implementation of countywide housing goals. The remaining sixty percent (60%) of the net Community Development Block Grant urban county allocation shall be suballocated to the interjurisdictional citizen participation/planning areas according to the general Community Development Block Grant funding distribution formula used by HUD to determine Marin County's allocation, based on the latest available countywide data on population, the extent of poverty, and the extent of housing overcrowding, with the provision that the extent of poverty be counted twice. However, a different distribution formula is hereby expressly authorized if and when necessary to comply with Title I of the Housing and Community Development Act of 1974, as amended. Recommendations for the use of citizen participation/planning area funds shall be made by the citizen participation/planning area panels, as described above in Section 2, and then referred to the full Priority Setting Committee, which will make its recommendations to the Marin County Board of Supervisors. The Marin County Board of Supervisors will make the final funding decisions. If any project submitted by County as a portion of the Community Development Block Grant documentation is found to be ineligible by HUD, the proposed project shall not be funded. In such an event, the County, acting in concert with the Priority Setting Committee and the affected citizen participation/planning area panel, may submit an alternative priority project which is within the original cost and in line with the stated needs and objectives of County, provided such a resubmission conforms with the rules and regulations of the Department of Housing and Urban Development for the administration of Title I of the Housing and Community Development Act of 1974, as amended. 3 4. Upon completion of planning area and Priority Setting Committee deliberations, the proposed budget and other documentation shall be submitted to the Marin County Board of Supervisors for review and approval. The Marin County Board of Supervisors will have final responsibility for selecting Community Development Block Grant (CDBG) and HOME activities and submitting the Consolidated Plan and other documentation to HUD. 5. For any Community Development Block Grant Planning Area which includes a city with a population of 50,000 or more (according to population estimates issued by the U.S. Department of Housing and Urban Development), the system described in Section 3 of this Agreement for allocation of Community Development Block Grant funds in that Planning Area will, at the option of the largest city in the Planning Area, be modified as follows: The City Council of the largest city in the Planning Area, rather than a panel consisting of one representative designated by the Board of Supervisors and one representative designated by each of the participating cities located within the Planning Area, will prepare the proposed list of projects for the use of (a) that Planning Area's funds, and (b) that Planning Area's "proportional share" of CDBG Countywide Housing funds. "Proportional share" shall be defined as the same proportion by which Planning Area funds are distributed among the Planning Areas according to the formula described in Section 3 of this Agreement. The City Council. will establish its own system for setting local funding priorities, but its process for selecting projects must include a public hearing. The City Council must consider the needs of all eligible persons who reside within the Planning Area, including those outside city limits, but will not be subject to any quotas with regard to the type or location of projects. The resulting recommendations will be referred to the full Priority Setting Committee and then to the Marin County Board of Supervisors for review and approval. The Priority Setting Committee will recommend allocation of HOME funds on a countywide basis, but may restrict the CDBG Countywide Housing funds remaining under its jurisdiction to planning areas not implementing the provisions of this paragraph. 6. City may terminate its participation in this Cooperation Agreement and membership on the Priority Setting Committee by a single majority vote of its governing body. Such termination shall take effect only at the end of the federal three-year urban county qualification period in which the action is taken. The next such qualification period will end September 30, 2011. Subsequent urban county qualification periods will end September 30 on every third year following that date. 7. Any public housing to be located in City and which under the Constitution of the State of California requires approval of the voters shall not be approved unless it receives a favorable majority of the voters of City. This Cooperation Agreement shall not exempt any project from the required local government planning approval process. Community Development Block Grant and HOME funds received by County may be allocated to projects only through the process described in this Cooperation Agreement. 8. Pursuant to the Cooperation Agreement, County, acting through the Board of Supervisors, shall be the primary general-purpose local governmental unit under the Housing and Community Development Act of 1974, as amended. It shall be the responsibility of County to apply for grants, to administer all funds received, and to undertake or assist in undertaking essential community renewal and lower income housing assistance activities. County shall have the 4 authority to carry out activities which will be funded from annual Community Development Block Grants and from HOME Investment Partnerships Program funds from Federal Fiscal Years 2009, 2010, and 2011 appropriations and from any program income generated from the expenditure of such funds. Records shall be kept by County in accordance with approved accounting procedures, and said records shall be available for public inspection at all times. 9. County, City, and all other cooperating cities shall take all actions necessary to assure compliance with the urban county's certification required by Section 1 04(b) of Title I of the Housing and Community Development Act of 1974, as amended, including the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Executive Order 11988, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. Use of urban county funds for activities in, or in support of, any cooperating city that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with the county's fair housing certification shall be prohibited. Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503. 10. City shall inform County of any income generated by the expenditure of Community Development Block Grant funds and HOME Investment Partnerships Program funds received by City. Any such program income shall be paid to County for use for eligible activities in accordance with all Community Development Block Grant and HOME Investment Partnerships Program requirements as may then apply. County has the responsibility for monitoring and reporting to HUD on the use of any such program income, thereby requiring appr9priate recordkeeping and reporting by City as may be needed for this purpose. In the event of close- out or change in status of City, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to County. 11. The following standards shall apply to real property acquired or improved in whole or in part using Community Development Block Grant or HOME funds that is within the control of a participating City. a. City shall give County timely notification of any modification or change in the use of the real property from that planned at the time of acquisition or improvement including disposition. b. City shall reimburse County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of funds other than Community Development Block Grant or HOME) of property acquired or improved with Community Development Block Grant or HOME funds that is sold or transferred for a use which does not qualify under the Community Development Block Grant or HOME regulations. c. City shall pay to County any program income generated from the disposition or transfer of property prior to or subsequent to the close-out, change of status or termination of the cooperation agreement between County and City. Any program income shall be allocated by County for eligible activities in accordance with all Community Development Block Grant or HOME requirements as may then apply. 5 12. The parties hereto agree that the final responsibility for analyzing needs, setting objectives, developing plans, selecting projects for community development and housing assistance, selecting Community Development Block Grant and HOME activities, and filing the Consolidated Plan and other required documentation rests with County, as required by the Housing and Community Development Act of 1974, as amended. 13. By executing this Community Development Block Grant Program Cooperation Agreement, City understands that it may not apply for grants under the State Community Development Block Grant Program from appropriations for fiscal years during the period in which it participates in the urban county's Community Development Block Grant Program; that it will be part of the urban county for the HOME Program; that it may receive a formula allocation under the HOME Program only through the urban county; and that, even if County does not receive a HOME formula allocation, City cannot form a HOME consortium with other local governments except through the urban county. This does not preclude City or County from applying to the State for HOME funds, if the State allows. 14. The cooperating unit of general local government has adopted and is enforcing: a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and b. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. The phrase "cooperating unit of general local government" has the same meaning in this Cooperation Agreement as it does in HUD Notice #CPD-08-04. IN WITNESS WHEREOF, the parties have executed the above instrument on the day and year first above written. COUNTY OF MARIN TOWN OF TillURON By: By: Jeff Slavitz Mayor Charles McGlashan, President Board of Supervisors ATTEST: ATTEST: Deputy Clerk of the Board Diane Crane Iacopi, Town Clerk 6 MASTER FORM APPROVED AS TO FORM: David L. Zaltsman Deputy County Counsel County of Marin Ann R. Danforth Town Attorney Town of Tiburon S:\Administration\Town Council\StaffReports\2008\Tune 18 Drafts\2008 CDBG Agreement.doc TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 18, 2008 Agenda Item: (' (' ._ ~~ ST AFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: 430 Ridge Road: Recommendation to Adopt a Resolution Approving Subject to Conditions a Site Plan and Architectural Review Application for Exterior Modifications to an Existing Single-Family Dwelling; Town File #707071 (Continued from June 4, 2008) Reviewed By: /~.~/ -~ Jj -) ~ '" -.' BACKGROUND On May 21, 2008, the Town Council heard and considered a Site Plan and Architectural Review application to construct exterior modifications to an existing single-family dwelling currently under construction on property located at 430 Ridge Road. After hearing public testimony, the Town Council directed staff to prepare and return with a resolution approving the application, with the inclusion of additional conditions of approval. The draft resolution has been prepared and is attached as Exhibit 1. The consideration of the draft resolution was scheduled for the June 4, 2008 town Council meeting, but was continued at the request of the appellant. RECOMMENDA TION Staff recommends that the Town Council adopt the attached resolution. Exhibits: 1. Draft Resolution Prepared By: Laurie Tyler, Associate Planner RESOLUTION NO. DRAFT -2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR EXTERIOR MODIFICATIONS TO AN EXISTING SINGLE-FAMILY DWELLING ON PROPERTY LOCATED AT 430 RIDGE ROAD WHEREAS, on June 1,2007, Planning Division Staff received a Site Plan and Architectural Review application (the "Application") for an exterior modification to raise several stone veneer panels fifteen inches at the front (north elevation) of an existing residence located at 430 Ridge Road. The Application was submitted by property owners Mark and Lynn Garay ("Applicants"); and WHEREAS, on June 19,2007, Planning Division Staff approved the Application with the condition that gave the Applicants the option to remove the skylight shrouds behind the raised stone veneer panels; and WHEREAS, on June 26, 2007, the adjacent neighbor to the Applicants located at 440 Ridge Road filed a timely appeal of this decision to the Design Review Board; and WHEREAS, the Design Review Board held a duly noticed public hearing for the appeal on July 19,2007, and after receiving public testimony, determined that the raised stone veneer panels would not effectively screen the skylights from the uphill neighbors, and that therefore the shrouds should remain; and WHEREAS, based on the above fmding, the Design Review Board voted 4-0 to grant the appeal, thus denying the extension of the raised panels and causing the skylight shrouds to remain in place; and WHEREAS, on November 1, 2007, the Applicants filed a petition for writ of mandate, Marin Superior Court No. CV 075196, (the "Complaint") challenging the Design Review Board's decision, asserting that there was no substantive evidence in the record to support the Design Review Board's fmdings to grant the appeal and deny the Applicants request to modify the exterior of the residence ; and WHEREAS, as a compromise settlement of the case, the Town and the Applicants agreed that the Town Council would hold a De Novo hearing on the merits ofthe Application after which the pplicants would dismiss the Complaint in its entirety with prejudice ("Settlement A ement"; and WHEREAS, in reliance on the Settlement Agreement. and specifically in reliance on A licant's romise to dismiss the Com laint with re"udice the Town scheduled the hearing on the Application on April 2, 2008. On that same date, Applicants requested that the Application be TIBURON TOWN COUNCIL RESOLUTION NO, DRAFT-2008 --/--/2008 am nded to include removal ofillLthe skylight shrouds on..ether pertioRS of the resisience_~ incl din those not in a location 1ftaa where the st<?ne_ veneer panels w~re propose~ _t() bee2'tended, and further requested that the Town continue the hearing to allow the Town to consider this new request; and iHeI~a"=~'~~~,~9';:~=~~ r~f':athe f4'l'lieatisR be further llRl""dea to WHEREAS, on May 21,2008, the Town Council of the Town of Tiburon held a duly- notilced public hearing on the merits of the Application. as provided in the Settlement Agreement. andlthe subsequently-made requests to amend _th~ Application; d!Jfing which public (e~timony was heard regarding the project and the Design Review Board's review of the Application; and WHEREAS, after hearing all testimony and reviewing all documents in the record, the Town Council determined that the increased height of the proposed raised stone veneer panels would not block views from the uphill residence at 440 Ridge Road and therefore approved Applicants' request to raise the panels up to 15 inches in height; and WHEREAS, the prior Site Plan and Architectural Review approval for the residence had required shrouds for all skylights to avoid off-site light pollution to the neighbors. The Council could not determine on the evidence before it whether some or all of the previously-required shrouds would be necessary for this purpose; and WHEREAS, based on the above fmdings, the Council voted 4-0 to direct Staff to return with a draft Resolution conditionally approving the amended Application, subject to conditions imposing a maximum fifteen inch height limit for the extension of the stone veneer panels and subject to verification by Staff prior to occupancy that the skylights would not emit light that is visible off-site, both in the fully open and fully closed positions. NOW, THEREFORE BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby approve the Application, as amended, subject to the following conditions: 1. The stone veneer panels may be raised a maximum of fifteen inches (15") in height, measured from the existing roof line. 2. Following installation of the extended stone veneer panels and completion of the interior walls and installation of interior lil!hting fixtures, but prior to issuance of an occupancy permit for the residence by the Building Division, Town staff shall view the residence from the neighbors' properties after dark, with all interior lighting installed and turned on, to determine which skylights, if any, emit light that is visible off-site. Staff shall view the residence with all skylights fully open and with all skylights closed. If Town Staff determines that light from the skylights is visible from off-site, the Applicants shall install shrouds as required and directed by Town staff to shield any skylight(s) that emit(s) such light. TIBURON TOWN COUNCIL RESOLUTION NO. DRAFT-2008 --/--/2008 2 { Formatted: Strikethrough { Formatted: Strikethrough { Formatted: Strikethrough ( Formatted: Strikethrough 3. Applicants shall dismiss the Complaint with prejudice within ten (10) days of the adoption of this resolution. 4. If this approval is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge. The property owner/applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. PASSED AND ADOPTED at a regular meeting of the Town Council on 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI TOWN CLERK ~:\A411linistration\Town Counci/lStaffReports\2008Vune 4 Drafts \430 Ridge Road Resojinal revised. doc TIBURON TOWN COUNCIL RESOLUTION NO. DRAFT -2008 --/--/2008 3 ( Formatted: Font: 9 pt, Italic TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting ]uneI8,2008 Agenda Item: CC'- Y STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Attorney Subject: Recommendation to Approve Response to Grand Jury Report Animal Control Services Reviewed By: ~ BACKGROUND On April 7, 2008, the Marin County Civil Grand Jury issued a report entitled "Tails of Marin; Marin County Animal Control Services and the Marin Humane Society." The Report describes the joint powers arrangement by which the County, and most cities in the County, contract with the Marin Humane Society ("MHS") to provide animal control services. While the Grand Jury praises the effectiveness of this arrangement and the quality of MHS services, the Report finds that the government agencies have not adequately explained their relationship with MHS to the public. The Report also faults enforcement of dog-licensing laws and public compliance with leash laws, noise ordinances and waste pickup. ANALYSIS The Report concludes with nine findings and five recommendations. The Grand Jury has requested that Marin cities and towns each respond to Findings 1 through 9 and Recommendations 2,4 and 5. Under State law/ the Town Council must review and approve the responses, which are due to back to the Grand Jury on or before July 6,2008. 1. Grand Jurv Findines. Under ~ 933.05 of the Penal Code, the Town is required to either state that it (a) agrees with the finding; or (b) disagrees wholly or partially with the finding. In the latter case, we must include an explanation of the portion of the finding that is disputed and include an explanation of the reasons therefore. The draft letter, attached as Exhibit A, sets forth the Town's proposed responses to each finding. The Town agrees with most of the nine findings, at least insofar as they pertain to the Town or come within staffs knowledge. However, finding 9 states that pet owner compliance with leash laws, noise ordinances and waste pickup is "dismal." Although the Town cannot boast of 100 percent compliance, and we also hope for improvement, the Grand I See Cal. Penal Code ~ 933. Ll\\f) Counul lS~ 2()()f1 Jury's characterization of the problems seems extreme, at least as applied to the Town. Accordingly, we recommend that the Town disagree with this finding. 2. Grand Jurv Recommendations. In responding to the Grand Jury's Recommendations, Penal Code ~ 933.05 requires the Town to report one of the following actions: (a) The recommendation has been implemented, with a summary regarding the implemented action. (b) The recommendation has not been implemented, but will be implemented in the future, with a timetable for implementation. (c) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the Grand Jury Report. (d) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. The Report directs the Town to respond to Recommendation Nos. 2, 4 and 5. These recommendations, and staff s recommended response, are as follows. · Recommendation 2. The county, Marin's municipalities, and MHS work to update their web sites and public outreach materials to explain their cost sharing agreement and the relationships established by the Joint Powers Agreement. Recommended Response: The Town will not implement this recommendation because it is not currently warranted. The Town uses its website and public outreach materials to communicate information in which there is considerable public interest, which persons doing business in or with the Town require and/or which public policy requires be readily available. The Town does not believe that the Joint Powers Agreement and relationship with the MHS meet these criteria. Interested members of the public can easily find this information elsewhere. · Recommendation 4. The county and Marin's other municipalities adopt measures similar to Novato's progressive ordinances to control their unwanted cat population through mandatory micro-chipping and spaying or neutering. Recommended Response: The Town will not implement this recommendation because it is unwarranted at this time. The Town has no reported significant problems with stray, unwanted cats. "rmvn C:nundl IS, 2ClU8 . Recommendations 5. The county, Marin's municipalities, and MHS staffs take appropriate steps to improve pet-owner compliance with all animal control, annual licensing and animal protection ordinances. These steps could include, but are not limited to: (1) holding public workshops; and (2) conducting intensive public education efforts. Recommended Response: The Town will not implement this recommendation because it is unwarranted at this time. To date, the Town has found that conventional enforcement methods (i.e., citation of violations) suffice to handle any problems with animal control, licensing and protection ordinances. RECOMMENDATION Staff recommends that the Town Council: Move to approve the Town's proposed response to the Grand Jury's Report of April 7, 2008. EXHIBITS Proposed Response to Grand Jury Report Grand Jury Report of April 7, 2008 Prepared By: Ann R. Danforth, Town Attorney Office of the Town Manager (415) 435-7383 n~~', /::~ ~T LJo; ut '\1. i/"''t, ~ II June 19, 2008 The Honorable Verna Adams Marin County Superior Court Post Office Box 4988 San Rafael, CA 94913-4988 Ms. Roberta Robinson, Foreperson Marin County Grand Jury 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 Re: Response to Grand Jury Report April 7, 2008 Marin County Animal Control Services Dear Honorable Judge Adams and Ms. Robinson: This letter explains in detail the Town of Tiburon's response to the Grand Jury Report dated April 7, 2008. The Report directs the Town to respond to Findings Nos. 1 - 9 and Recommendations Nos. 2, 4 and 5. These findings and recommendations involve a number of agencies other than the Town. The Town does not have sufficient information to evaluate the Report's accuracy with respect to these other jurisdictions. The Findings also involve conclusions of fact that the Town has little or no independent basis to evaluate. In responding to these findings, the Town assumes that the information in the Report is correct and relies on that information. Lastly, the Recommendations require action by agencies and individuals that are outside the Town's control. Accordingly, this letter is intended only to apply to the Report's recommendations insofar as they pertain to the Town. FINDINGS Finding 1: The Town agrees with the Report's finding regarding the Marin Humane Society's ("MHS") value and role. Finding 2: The Town agrees with the Report's finding regarding Marin County local government support of and contracts with MHS. Finding 3: The Town agrees with the Report's finding regarding the Joint Powers Agreement. Finding 4: This finding states that the MHS subsidizes 10 percent or more of animal control services with its own charitable funds. The Town has no contrary Response to Grand Jury June 19,2008 Page 2 of3 information, therefore agrees with this finding on the assumption that the Report is accurate. Finding 5: The Town agrees with the Report's finding regarding the source of MHS funding, based primarily on the statements in the Report. Finding 6: This finding states that the public is poorly informed regarding the MHS status and activities. The Town has no contrary information, therefore agrees with this finding on the assumption that the Report is accurate. Finding 7: This finding states that two of the Joint Powers Agreement's performance goals are not being met. The Town has no contrary information, therefore agrees with this finding on the assumption that the Report is accurate. Finding 8: This finding states that Novato has been a strong advocate for control of its cat population. The Town has no contrary information, therefore agrees with this finding on the assumption that the Report is accurate. Finding 9: This finding states that pet-owner compliance with leash laws, noise ordinances and waste pickup is "dismal." The Report does not provide a factual basis for this statement. The Town is aware of some violations within its own borders, but would not characterize the situation as "dismal." The Town cannot speak to compliance in other jurisdictions. The Grand Jury has not asked the Town to respond to any other findings. RECOMMENDATIONS . Recommendation 2: The Town will not implement this recommendation because it is not currently warranted. The Town uses its website and public outreach materials to communicate information in which there is considerable public interest, which persons doing business in or with the Town require and/or which public policy requires be readily available. The Town does not believe that the Joint Powers Agreement and relationship with the MHS meet these criteria. Moreover, this information is readily available elsewhere. . Recommendation 4: The Town will not implement this recommendation because it is unwarranted at this time. The Town has no reported problems with stray, unwanted cats. Response to Grand Jury June 19,2008 Page 3 of3 · Recommendation 5: The Town will not implement this recommendation because it is unwarranted at this time. To date, the Town has found that conventional enforcement methods (i.e., citation of violations) suffices to handle any problems with animal control, licensing and protection ordinances. The Grand Jury has not asked the Town to respond to any other recommendations. * * * * * The Tiburon Town Council reviewed and approved this response on June 18, 2008 at a duly noticed and agendized public meeting. If you have further questions on this matter, please do not hesitate to call. Very truly yours, MARGARET A. CURRAN Town Manager cc: T own Council Town Attorney Town Chief of Police 2007-2008 MARIN COUNTY CIVIL GRAND JURY Tails of Marin Marin County Animal Control Services .. 4 4 - ~ ~ I ~ I s ~ ~ ............... ~ .... .... ~ ... . . . . . ... I ~ , .. .. .. .. .. ,. ... .... ..... ..... ..... ..... .... .. , , . & '-- ~ r(",. -:--- ~'- \ )-.......;.\ - ,~' .r ./A....Jt",~ -:-.". ~ The Marin J Humane Society The fox said to the little prince: Men have forgotten this truth, but you must not forget it. You remain responsible, forever, for that which you have tamed. Antoine de Saint-Exupery from "The Little Prince" Marin County Civil Grand Jury "Tails of Marin" Marin County Animal Control And The Marin Humane Society SUMMARY The Marin Humane Society (MHS), a nationally recognized and honored nonprofit organization, has served both the citizens of Marin and their pets well for over 100 years. Marin is home to more than 150,000 household pets, as well as wildlife and the animals in our robust ranching and sustainable farming communities. The care, protection, and well-being of Marin's animals are important responsibilities. The county's local governments have endorsed and financially supported MHS's mission since its beginning. The nearly $3 million per year current contractual commitment for animal control services between the County of Marin and MHS is due for renewal, as it will expire June 30, 2008. It's been 18 years since the Grand Jury last looked at MHS and animal control services. It is an appropriate time to review the operations and economics of animal control in Marin-past, present and future. This report centers on the following key points. · MHS is an important community asset, and the citizens, pets and wildlife of Marin are better off for it. · A Joint Powers Agreement (JP A) unites the county, cities and MHS for delivering cost-effective animal control services and promoting consistent enforcement of animal control ordinances throughout the county. · MHS has an unusual funding formula and fee-collection function with the county. About 10 percent of animal control services costs are subsidized by MHS from the donations it receives. An amount equal to another ten percent is collected by MHS for various license and other fees, which is remitted to the county. City and county taxpayers fund the balance. · MHS' s dual role as both a private nonprofit organization and as a contractor to the county for animal control services is not widely understood and is not clearly explained to the public. April?,2008 Marin County Civil Grand Jury Page 1 of 13 Tails of Marin · Public officials have failed for years to enforce compliance with two specific performance goals set out in the JP A: (1) license 75 percent of all dogs in Marin County, and (2) set license and other fees at a level to fund 20 percent or more of total animal control services costs. · Novato has adopted progressive measures to control its cat population. · The long history of collaboration, cooperation, and advocacy between county and municipal officials and MHS in adopting progressive animal ordinances is a partnership the Grand Jury commends. The Grand Jury recommends: · The Board of Supervisors take appropriate steps to fulfill JP A goals by: (1) improving dog-licensing compliance to at least the 75 percent rate, and (2) increasing annual animal license and other fees to assist in achieving 20 percent or more self-funding of animal control services costs. · The county, city and MHS staffs take appropriate steps to achieve improved pet- owner compliance with all animal control, annual licensing and animal protection ordinances. · The county, city and MHS staffs take appropriate steps to update their websites and public outreach materials to explain their cost sharing agreement and the relationships established by the JP A. · The county and Marin's other cities adopt measures similar to Novato's progressive ordinances to control Marin's unwanted cat population through mandatory micro-chipping and spaying or neutering. BACKGROUND Marin County and municipal animal control ordinances have been enforced through a Joint Powers Agreementl (JP A) since 1979. At that time Marin County, acting for the parties to the JP A, entered into a countywide multimillion dollar, multiyear animal control services contract with the Marin Humane Society (MHS), a nonprofit agency. The current MHS contract expires on June 30, 2008. Numerous animal control situations are currently in the public eye, and pending state and local legislative initiatives are actively being lobbied for adoption. As part of this trend, 1 Joint Powers Agreement (JP A): a legal arrangement that two or more local governments may create by contract to perform a function common to both or all parties. April ?, 2008 Marin County Civil Grand Jury Page 2 of 13 Tails of Marin the county recently updated its animal control ordinance, and Marin's municipalities are in the process of doing the same. This current legislative activity, along with an 18-year gap since the Grand Jury last reported on MHS, makes a review of its activities and related economic issues appropriate. METHODOLOGY The Grand Jury reviewed documents relevant to animal control services within Marin County. Documents reviewed included the JP A, the county's animal control ordinance (Title 8), a city's animal control ordinance, the current animal control services contract, and MHS' s most recent annual audited financial reports. Principal documents reviewed are listed in the Bibliography. The Grand Jury interviewed a cross section of public and MHS officials knowledgeable about the MHS animal control services contract, MHS and the public interest. They included a city manager, a deputy city manager, a police captain, an executive director, several department heads and chief deputy department heads, a police psychologist and various staff. Extensive use was also made of the internet to compare and contrast best practices in other jurisdictions, national animal rights trends, and pending legislative issues. Members of the Grand Jury toured MHS facilities and attended several MHS centennial functions. DISCUSSION The Marin Humane Society: An important community asset The Marin Humane Society (MHS) has been serving the people and animals of Marin for over 100 years. As the Grand Jury began its research on the topic of animal control services in Marin, a \vell known and highly placed county official said, "] certainly hope you don't plan to investigate the Marin Humane Society-they do such a great job!" And so they do. Without exception, everyone the Grand Jury interviewed was highly complimentary of the professionalism and dedication of MHS' s staff. MHS is widely recognized as a progressive, award-winning animal shelter. It offers refuge and rehabilitation to nearly 8,000 animals each year through a myriad of community services. These include adoptions, foster care, behavior and training, humane education, lost-and-found pet services, low-cost clinics, and more. April?,2008 Marin County Civil Grand Jury Page 3 of 13 Tails of Marin And it has been effective. During MHS's first 100 years, over 250,000 lost, stray or abandoned animals were placed for adoption and over 75,000 sterilization procedures performed. MHS assisted in rescuing over 2,500 animals from Hurricane Katrina as part of a Bay Area rescue program. Over 10 percent of those animals were placed locally by MHS. More recently, MHS relocated to Marin for medical care, fostering, and eventual adoption 100 of 800 Chihuahuas and other small dogs discovered in a horrific hoarding situation in Arizona. A conservative estimate puts the current number of pets in Marin County at about 153,000: approximately 70,000 cats, 60,000 dogs, 10,000 birds, 4,000 horses, and 9,000 rabbits, turtles, hamsters, snakes, lizards, etc. Given those numbers it is not so surprising that in the past three years, MHS has handled over 35,000 animal service calls. On average, over 2,000 strays are rescued and 1000 bite complaints are investigated annually in Marin. MHS also handles all calls involving sick, injured, dead or rabies-suspect wildlife: over 2,500 wildlife emergency calls per year. These calls range from deer stuck in fences, to coyotes intruding into backyards, to educating property owners about coexisting with wildlife. Appendix A summarizes the main categories of community services and programs carried out by MHS. MHS and Marin elected officials: Partners in animal advocacy Throughout its history, MHS has aggressively pursued a course of advocacy for animals. The MHS mission statement: Guided by the humane ethic, it is the mission of the Marin Humane Society to protect animals from neglect, abuse, and exploitation; to advocate for their interest and welfare; and to inspire awareness and compassion for all living things. Some of MHS' s better-known advocacy positions are included in Appendix B. Yet MHS can only accomplish so much acting on its own. Working as partners with MHS, Marin's elected officials have been well ahead of most California communities and the state in enacting progressive animal legislation. Together, they have prohibited: · Leaving animals in unattended vehicles without adequate ventilation. · Selling shelter animals for experimentation. · Selling shelter animals unless spayed or neutered. · Allowing dogs to ride unrestrained in open vehicles. April?,2008 Marin County Civil Grand Jury Page 4 of 13 Tails of Marin Marin County and municipalities: Collaborative, cooperative contracting The Joint Powers Agreement (JP A) for animal control services encourages members to establish uniform animal control ordinances and citation authority. It also provides for enforcement of these rules and regulations through MHS. The Grand Jury found that although not all officials were familiar with the JP A and its requirements, all agreed with the JP A's spirit of collaboration and cooperation and with the intent to implement common goals for animal services. All officials further agreed that options to provide animal control services through alternatives to MHS were either nonexistent or significantly more costly. A city manager familiar with alternate animal control models said Marin would experience an increase in costs and degradation in service quality if MHS were not involved in providing animal servIces. As the county's animal control services provider, MHS is authorized to appoint qualified professionals to act in a regulatory role as animal services officers. These officers are available 24 hours a day every day of the year. The scope of their services is extremely broad. Appendix C details those essential services that are part of MHS' s legislated and contracted animal control service operations. Who pays for Marin's animal control services? Under the present JP A, the county and cities underwrite the cost of animal control services to a maximum of$2.7 million per year. The county's annual share of the net cost of the animal control services contract fee is 30 percent (about $.7 million per year). The remaining 70 percent ($1.5 million per year) is prorated among Marin's municipalities. The actual share each municipality pays is based on population and the number of animal control actions performed by MHS within each jurisdiction. As MHS performs its services, it bills the county. But with an interesting twist. Only 90 percent of the cost for the service is charged to the county, in effect a sort of back door subsidy. But what happens if MHS costs exceed the $2.7 million agreement figure even with the ten percent subsidy? The short answer is that MHS absorbs all costs above $2.7 million from charitable donations it receives. All told, the MHS budget is about $6 million a year. MHS depends on charitable giving for that other $3.3 million. That money covers not only the 10 percent or more that MHS contributes to animal control service costs and any excess costs, it also funds administration, maintenance, and the other expenses that are part of any substantial organization. It also helps to fund many other services that aren't part of the JP A agreement. April 7, 2008 Marin County Civil Grand Jury Page 5 of 13 Tails of Marin Subsidy aside, the county and cities benefit in yet another way. As a law-abiding pet- owner who has a licensed dog, you may think the license fee goes into the coffers of MHS. In reality, MHS is a collection agency for the county. Last year it forwarded a little over $250,000 in license and fee collections. In summary, the county avoids over $500,000 in contract costs because of what MHS both collects and contributes each year. The Grand Jury asked MHS why it would agree to seek reimbursement for only 90 percent of its costs to provide animal control services. MHS responded that animal control services are an essential part of its mission and that by subsidizing 10 percent of the costs to deliver these services, MHS establishes itself as a partner with local jurisdictions. As a partner, it has more input in determining the quality of care provided for animals. For instance, if MHS believes an animal should be kept longer than expected while waiting for the right home, or needs more costly medical treatment, MHS can do what's right for the animal, and not just what the budget may allow. MHS: Organization and funding not clearly explained MHS is a stand-alone nonprofit agency. It works under contract to the county and municipalities of Marin as the sole animal control services provider. The county's website links to MHS without an explanation of this relationship. Taxpayers fund 80 percent of what MHS spends on animal control services, but you couldn't tell that from the county website. The city websites we looked at explain even less. For its part, MHS has not helped clarify its role as deliverer of a publicly funded service. Its website and some fund-raising solicitations state that MHS receives no government funds and relies solely on private donations, bequests, and grants. The inaccuracy of this claim is acknowledged by MHS officials, but it still has not been fully corrected. The county, Marin's municipalities and MHS need to update their websites and public outreach materials to explain their cost sharing agreement and the relationships established by the JP A. Dog-licensing compliance and funding goals not met The JP A includes two performance goals that are consistently unmet: (1) that 75 percent of dogs be licensed countywide, -and (2) that the MHS animal control services contract be at least 20 percent self-funding through the fees charged. These goals are related: if the 75 percent licensing of the dog population were achieved, the additional revenues generated would satisfy the 20 percent self-funding goal even at current rates. Sadly, the Grand Jury found no evidence in the past 30 years that either goal has come close to being achieved: · In a county with one of the highest median household incomes in the country, MHS estimates owner compliance with dog-licensing laws is, at best, 25 to 33 percent. This is based on the ratio of license revenue to the estimated county dog population. License fees can be as low as $8 per year for a dog, among the lowest in the Bay Area. April 7, 2008 Marin County Civil Grand Jury Page 6 of 13 Tails of Marin · As noted previously, the county recoups only about 10 percent of animal control services costs through fees for dog-licensing, impound, boarding, permit, quarantine, veterinary and disposal services. County fee schedules were last revised in 2004. So, by default if not intentionally, JP A licensing goals are ignored by public officials, while the majority of Marin's dog owners ignore dog licensing ordinances. MHS's benefactors and the taxpayers pick up the difference. Immediate steps should be taken to ensure that the long-standing JP A goal of 75 percent compliance with dog licensing be accomplished. In addition to reducing reliance on the county's general tax revenues to subsidize animal control services, improved licensing compliance would also result in proper vaccinations for more pets (a requirement to obtain a license). The county's license and permit fees should be increased to assist in achieving the JP A goal of 20 percent or more self-funding of animal control services. Novato's commendable actions to control its cat population Novato has a mandatory microchip identification program for cats. It is also pursuing adoption of a progressive ordinance requiring spaying or neutering of all cats (with few exceptions). The Grand Jury commends Novato's continued efforts to reduce its unwanted cat population and urges the county and other municipalities to follow Novato's lead. In February 2008, the City of Los Angeles e,nacted a mandatory spay or neuter ordinance that applies to cats and dogs. Poor compliance by Marin's pet owners Marin County, Marin municipalities and MHS have established an admirable record of working together for public safety and animal well being. The Grand Jury hopes this partnership continues. At the same time, the Grand Jury is concerned about low public compliance with animal ordinances. Any interested observer who enjoys Marin's outdoors is familiar with noncompliance by pet owners regarding leash laws, noise ordinances, and waste pickup. Marin officials should take appropriate and effective steps now to achieve improved compliance with all animal control, animal licensing and animal protection ordinances. All of Marin will benefit: pet owners, the general population, and the animals. FINDINGS Fl. The nonprofit Marin Humane Society is nationally respected and honored. It has served Marin's citizens and animals well over the past 100 years. April?,2008 Marin County Civil Grand Jury Page? of 13 Tails of Marin F2. The Marin County Board of Supervisors and Marin's city councils have supported the Marin Humane Society and its mission for many years, and historically contracted with the Marin Humane Society as the county's sole animal service agency. The current MHS contract expires on June 30, 2008. F3. The Joint Powers Agreement between Marin County, Marin's cities and MHS promotes uniform ordinances, equitable enforcement and cost-effective delivery of animal control services throughout Marin's jurisdictions. F4. The Marin Humane Society subsidizes 10 percent or more of animal control services costs with its own charitable funds. F5. MHS collects fees for dog-licensing, impound, boarding, permit, quarantine, veterinary and disposal services. These funds are remitted to the county. County and city taxpayers fund the balance of animal control services costs. F6. MHS' s dual role as both a private nonprofit organization and as a contractor to the county for animal control services is not widely understood and is not clearly explained to the public. F7. Two performance goals set forth in the Joint Powers Agreement are not being met: (1) licensing of all dogs in Marin County is targeted at 75 percent, while MHS estimates compliance at 25-33 percent; and (2) license and other fees were to be set at a level to fund 20 percent or more of animal control services costs, while actual fee revenues account for only 10 percent. F8. Novato has been a strong advocate for control of its cat population by mandatory micro-chipping and spaying or neutering. F9. Pet-owner compliance with leash laws, noise ordinances, and waste pickup is dismal. The need continues for improved enforcement of local animal control ordinances. RECOMMENDATIONS The Grand Jury recommends that: Rl. The county renews the animal control services contract with the Marin Humane Society prior to its expiration date of June 30, 2008. R2. The county, Marin's municipalities and MHS work to update their websites and public outreach materials to explain their cost sharing agreement and the relationships established by the Joint Powers Agreement. R3. The Marin County Board of Supervisors talc... appropriate steps to improve dog- licensing compliance to at least the 75 percent compliance goal and increase annual animal license and other fees to assist in achieving self-funding 20 percent or more of animal control services costs. April?,2008 Marin County Civil Grand Jury Page 8 of 13 Tails of Marin R4. The county and Marin's other cities adopt measures similar to Novato's progressive ordinances to control their unwanted cat population through mandatory micro-chipping and spaying or neutering. R5. The county, city and MHS staffs take appropriate steps to improve pet-owner compliance with all animal control, annual licensing and animal protection ordinances. These steps could include, but are not limited to: (1) holding public workshops; and (2) conducting intensive public education efforts. REQUEST FOR RESPONSES Pursuant to Penal Code Section 933.05, the Grand Jury requests responses from the following governing bodies: Marin County Board of Supervisors: Fl through F9; Rl through R5. City and Town Councils of Marin's eleven cities and towns (Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon): Fl through F9; Rl, R4, and R5. The governing bodies indicated above should be aware that the comment or response of the governing bodies must be conducted in accordance with Penal Code Section 933 (c) and subject to the notice, agenda and open meeting requirements of the Ralph M. Brown Act. The California Penal Code Section 933 (c) states that"... the governing body of the public agency shall comment to the presiding judge on the findings and recommendations pertaining to matters under the control of the governing body." Further, the Ralph M. Brown Act requires that any action of a public entity governing board occur only at a noticed and agendized public meeting. The Grand Jury also invites a response from the Executive Director of the Marin Humane Society specifically on: F4, F6, and F9; and Rl, R4, and R5. BIBLIOGRAPHY · Agreement for Animal Service Contract Between Marin County and Humane Society (dated 7 June 2005, expires 30 June 2008) · Animal Control Joint Powers Agreement between Marin County and Marin municipalities (dated 20 March 1979; amended 4 December 1990) · Final Report for the Animal Services Alternatives Study to the County of Marin and the Marin Managers Association (a county-sponsored study dated March 1996) April?,2008 Marin County Civil Grand Jury Page 9 of 13 Tails of Marin · 1990 Grand Jury Report on the Marin Humane Society (County response dated 15 March 1991; MHS response dated 14 January 1991) · Making Tracks... the Marin Humane Society Celebrates 100 Years (published in 2007) · Stray Animal Statistics for the years 2005, 2006, 2007 provided by the Marin Humane Society · List of Collaborative Affiliations by the Marin Humane Society Field Services Division (dated 3 January 2008) · Marin Humane Society field call statistics from 2003-2006 · MHS SB 90* Claim information (pursuant to the Hayden Bill) for fiscal years 2004-2006 · Novato cat-licensing program reports from inception in 1995 through June 2007 · Novato Animal Control Ordinance, including January 2008 revisions · Related cat ordinance supporting materials provided by the Marin Humane Society (dated 27 March 1997) · Marin Humane Society independent audited financial reports for 2005-06 and 2006-07 · MHS animal services revenue collection records for 2006 and 2007 *This information is used by the county to seek reimbursement for state-mandated costs. Reports issued by the Civil Grand Jury do not identifY individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person, or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Civil Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. April 7, 2008 Marin County Civil Grand Jury Page 10 of 13 Tails of Marin APPENDIX A: The Marin Humane Society program summary list 1. Rescue, Rehabilitate and Rehome... The Heart of MHS Mission.. . Partners with 40 different agencies to bring more than 1000 cats and dogs to Marin each year for adoption. 2. Behavior and Training... Building Better Relationships between People and Pets... The Marin Humane Society offers a variety of animal behavior services, including up to 35 training classes each week, as well as private lessons and behavior consultations. Among its specialized classes are sessions for senior handlers, for small dogs, and for dogs who show aggression toward other dogs. 3. Humane Education... A Legacy of Teaching Kindness... Marin Humane Society's Education Department offers tours of the shelter as well as classroom visits to Marin County schools. It also provides weeklong Animal Care day camps each summer. Education Department volunteers and staff are involved in local after school programs, pet assisted therapy for children, and animal intervention projects with at-risk youth. MHS can create special animal related education programs for groups such as 4- H, Girl Scouts, and Boy Scouts. 4. Adoptions... Where Lasting Relationships Start.. .MHS helps to: Reunite lost animals with their worried families; Adopt unwanted animals into new, loving homes; Give sick and injured animals a second chance at life; Assist elderly pet guardians; Bring the joy of animals to"the elderly and homebound through animal-assisted therapy; Teach young people the responsibilities and rewards of companion animals. 5. Share (Special Human-Animal Relationships)...Lending a Helping Hand.. .provides pet care assistance to low-income seniors, persons living with HIV / AIDS and those receiving hospice services. The MHS Volunteer program offers an assortment of exciting opportunities to those wanting to make a hands-on difference for the animals. 6. "Companions in Crisis" serves three purposes: (1) it removes animals from dangerous situations, (2) it makes sure that they are cared for until a situation stabilizes, and (3) it provides peace of mind and one less thing to worry about for victims desperate to provide for their own safety and that of their children. Ultimately, it helps keep animals with the people who love them. 7. Emergency Response. . . When Disaster and Tragedy Strike... The Marin Humane Society Animal Services Department has organized a countywide animal disaster plan in the event of a disaster or emergency. Together with the Marin County Office of Emergency Services, the American Red Cross and other key agencies, The Marin Humane Society provides food, shelter, medication and transportation for those families who need help with their pets in the event of an emergency. 8. Animal Services...Coming to the Rescuefor a Century...Administers a feral cat trap, treat, and release program for feral cat colonies along with those services required by the JP A's animal service contract and listed in Appendix C. April?,2008 Marin County Civil Grand Jury Page 11 of 13 Tails of Marin APPENDIX B: Marin Humane Society's past animal control and protection advocacy positions Ouuosed .. .1960s... furs; leg-hold traps; cockfighting; pound seizure of animals for experimentation... 1970s... clubbing of northern fur seals; bullfighting; coyote trapping; greyhound racing;. . . 1980s. .. dogs riding loose in trucks; leaving dogs in cars without adequate ventilation; genetically altered animal patents. Promoted.. . early 1900s humane treatment of horses and livestock throughout Marin... 1930s.. . rescue of stray and unwanted cats and dogs.. .1940s... better treatment of "pound" animals.. . 1950s.. .dog owner education... 1960s... encouraged debates on the ethical issues about the nature of zoos, rodeos, circuses, sport hunting, puppy mills, and classroom dissection of animals.. .1970s.. . awareness of county mountain lions; cat registration; mandatory spay and neutering of adoption animals.. .1980s... Statewide Humane Officer Training; microchip identification; expansion of the volunteer program .. .1990s... program assisting victims of domestic violence; non-lethal means for coyote control.. .2000s ... animal companion programs including San Quentin partnership program and "Share A Book" reading program. Currentlv.. .MHS is supporting a petition drive aimed at passing the California Prevention of Farm Animal Cruelty Act to make living conditions more humane for farm animals. APPENDIX C: MHS animal control services: contract services list Part I: Services mandated by either State Code or County Ordinance. 1. Receive all animal related calls countywide. 2. Dispatch field service. 3. Enforce all animal ordinances including loose and unlicensed dogs. 4. Enforce all City animal laws. 5. Pick up stray dogs and confined cats; impound animals or return home and issue citation. 6. Receive all unwanted animals from the community. 7. Patrol problem areas pursuant to citizen and city complaints. 8. Administer licensing program including ordering tags, developing paperwork, sales site, sponsor rabies clinic, data processing, mailing, renewals, problem solving and enforcement. 9. Investigate complaints including those regarding potentially dangerous or vicious animals and cruelty and neglect. 10. Investigate livestock depredation and wildlife harassment. 11. Participate in dangerous animal mediation and hearings; enforce orders issued by Hearing Officers and the Court, liaison with the District Attorney's office about violations. April 7, 2008 Marin County Civil Grand Jury Page 12 of 13 Tails of Marin 12. Promulgate regulations, inspect and license all commercial animal establishments and exhibits. 13. Promulgate regulations, inspect and license applicants for animal hobbyist and ranch dog permits. 14. Serve as field agents for the County Health Department; take and administer all bite complaints; quarantine, check during quarantine, and release from quarantine all biting domestic animals; impound quarantined animals whenever ordered by the Health Department; hold for testing and euthanize all rabies suspect animals. 15. Administer the county injured animal program. 16. Pick up and release or euthanize all trapped wild animals when authorized by the Department of Fish and Game. 17. House and care for all stray and exotic animals in Marin including cats, dogs, livestock, poultry, snakes, birds, rodents, and reptiles. This care includes an in-house identification system, vaccinations, feeding, cleaning, exercise, veterinary care, redemption/adoption, euthanasia and disposal. 18. Provide in-house veterinary care. 19. Euthanize all untreatable animals. 20. Dispose of dead animals by cremation or rendering. ,21. Pick up all dead animals countywide on public and private property (excludes marine mammals). 22. Maintain and search to match lost pets with their human guardians. 23. Redeem "found" animals and collect all fees. 24. Sterilize all adoption animals prior to replacement. 25. Produce and maintain all paperwork and generate statistics/ reports. 26. Provide disaster services as the designated lead animal services agency. 27. Treat all animals that can "reasonably" be rehabilitated. 28. Comply with all Hayden and Vincent provisions and other state mandates. Part II: Other animal services contracted wI Marin Humane Society but not as a result of legal mandate. 1. Transport all sick and injured wildlife to the Wildlife Center. 2. Provide coverage 7 days a week, 24 hours a day. 3. Resolve complaints about animal service. 4. Provide animal rescue services: i.e. cats in trees, horses in wells, deer caught in fences, etc. April?,2008 Marin County Civil Grand Jury Page 13 of 13 TOWN OF TIBURON _ 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting june18,2008 Agenda Item: r5. -'. ~,_ ~-C~ ,~,) STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Recommendation to Accept the Mar West Street Overlay Improvement Project - Phase 1 And Authorize The Filing Of The Notice Of Completion For The Work ~ Reviewed By: BACKGROUND On June 20, 2007, the Council authorized staff to advertise and seek bids for the construction of Mar West Street Overlay Improvement project - Phase 1. The project was posted and advertised as required by the State of California's Public Contract Code. Bids were opened on July 20, 2007, and the contract was awarded to Ghilotti Construction on August 15,2007 in the amount of$418,358, plus 10 percent for contingency, or $41,836. The types of improvement included asphalt concrete grinding and resurfacing, pedestrian path construction along Mar West Street, slurry sealing, localized base repair, curb and gutter installation, traffic striping, and other miscellaneous drainage improvements. Work was performed on Mar West and Esperanza Streets. There were four change orders in the project. However, one of the change orders, in the amount of$45,881.90, was to slurry seal Paradise Drive as part of the resurfacing commitment the Town had with the Lyford Cove Undergrounding project. Based on the work performed and material installed, the total final construction cost is $492,229. Subtracting the change order for Paradise Drive, the final cost for the project is $446,347.10, delivering the project under the allocated construction budget. Construction management and materials testing was provided by Gannet Fleming, located in Mill Valley, within the allocated budget. 1()\\'11 (~)uncil RECOMMENDA TION Staff recommends that the Town Council: Move to adopt a resolution accepting this project as complete and authorizing the Director of Public Works / Town Engineer to execute the Notice of Completion on behalf of the Town Council, and upon completion of the 35 day period, release the retention funds to the contractor. Exhibits: Resolution Accepting the Mar West Street Overlay Improvement Project - Phase 1 And Authorizing The Filing Of The Notice Of Completion For The Work. Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer 1< () " ') RESOLUTION NO. - 2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING THE MAR WEST STREET IMPROVEMENT PROJECT - PHASE 1 AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR THE WORK WHEREAS, The Town Council budgeted funds in Fiscal Year 2007-2008 to complete the project; WHEREAS, Ghilotti Construction, Inc. was awarded the contract on August 15,2007 to perform the work; WHEREAS, The construction of the project was completed under budget on June 6, 2008; and WHEREAS, The total final construction cost, including payment of total quantities installed is $492,229.00. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: Section 1. The Town Council does hereby accept the construction of the Mar West Street Overlay Improvement Project - Phase 1 as complete by Ghilotti Construction, Inc. Section 2. The Town Council authorizes the Director of Public Works / Town Engineer to execute the Notice of Completion and the Town Clerk to record the Notice of Completion. Section 3. The Town Council authorizes the Director of Public Works / Town Engineer to release the retention payment 35 days after the recordation date of the Notice of Completion, pending release of any stop notices or Town claims. PASSED AND ADOPTED at a regular meeting of the Town Council on the 18th day of June, 2008, by the following vote, to wit: A YES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK When recorded mail to: Town of Tiburon Diane Crane lacopi, Town Clerk 1505 Tiburon Blvd Tiburon, CA 94920 SPACE ABOVE THIS LINE FOR RECORDER'S USE Town of Tiburon NOTICE OF COMPLETION OF IMPROVEMENT TO ALL PERSONS WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN for and on behalf of the Town of Tiburon, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 6th day of June, 2008 and accepted the 18th day of June, 2008; that the name, address and nature of the title of the party giving this notice is as follows: The Town of Tiburon, a municipal corporation, in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said Town and/or over which said Town has an easement; that said work or improvement is described as follows: Mar West Street Overlay Improvement Project - Phase 1 and reference is hereby made for a further description thereof to the contract approved for said work or improvements now on file in the office of the Town Clerk of said Town, and said contract is hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is Ghilotti Construction, Inc. I declare under penalty of perjury that the foregoing is true and correct. Executed at Tiburon, California, on ,20_. TOWN OF TIBURON A Municipal Corporation By: Nicholas T. Nguyen, P.E. Director of Public Works / Town Engineer 1/1 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 18, 2008 Agenda Item:/I_ / nL ST AFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: ~ents to Town Boards, Commissions and Committees Reviewed By: BACKGROUND Over the past few months, the Town Council has interviewed a number of applicants for vacancies on Town boards and commissions-Planning Commission, Design Review Board, Jt. Recreation, and the newly-formed POST (Parks, Open Space & Trails) Commission. There has been a significant response to serve on the new POST Commission. The deadline for applications for that commission has passed and the Council will consider making appointments at its June 18 meeting. The Council will also consider making appointments to the Planning Commission, Design Review Board, and Jt. Recreation Committee, as well, or continue to advertise and interview candidates until those positions are filled. Additionally, staff has advertised the pending vacancies for two other Town appointments, the terms of which are expiring on June 30, 2008: the Belvedere- Tiburon Library Agency Board and the Marin Commission on Aging. The incumbents for these two positions, Mary Falk and Allan Bortel, have expressed their willingness to continue to serve. No other applications have been received for these positions to date. The following is a list of applicants the Council has interviewed on May 21 or June 4, as well as those scheduled for interviews on June 18, 2008: PARKS. OPEN SPACE AND TRAILS (POST) (Five vacancies - new commission) . Jill Sperber, 171 Leland Way . Eva Buxton, 111 Hacienda Drive . Sandra Esposito, 68 Reed Ranch Road . Erin Tollini, 1870 Vistazo West . Ralph Leighton, 578 Virginia Drive . Mindy Canter, 167 Blackfield Drive . Peter Winkler, 104-A Main Street . Jim Fraser, 1786 Vistazo West . Michael McMullen, 2105 Mar East Street . Hank Skade, 62 Peninsula Road, Belvedere . Jackie Brown, 13 Marsh Road 'ro\-vn C:()UnCll J.8~ 2()(;(3 . Mark Capell, 4410 Paradise Drive . Philip Feldman, 562 Tenaya Drive · Helen Lindqvist, 3 Cazadero Lane · John (Jeff) Foran, 52 Linda Vista Avenue (out of town on 6/18/08) · Petey Stein, 98 Lagoon Road, Belvedere (application w/drawn 6/9/08) PLANNING COMMISSION (One vacancy - AI Aguirre) . John Corcoran, 5 Janet Way · Michael Tollini, 1870 Vistazo West . Matt Turley, 2245 Paradise Drive DESIGN REVIEW BOARD (One vacancy - Cathy Frymier) . Kaeso Maas, 99 Marinero Circle · Michael Tollini, 1870 Vistazo West . Jackie Brown, 13 Marsh Road JT. RECREATION COMMITTEE (Two vacancies - Tara Sullivan and Priscilla Tripp) . Erin Tollini, 1870 Vistazo West BELVEDERE-TIBURON LIBRARY AGENCY BOARD (Pending Vacancy - Mark Falk) MARIN COMMISSION ON AGING (Pending Vacancy - Allan Bortel) RECOMMENDATION Staff recommends that the Council consider the following actions: a) Conclude its interviews for the POST Commission and make appointments to fill the five (5) vacancies; b) Make appointments to fill the vacancies on Planning Commission, Design Review Board, and Jt. Recreation Committee; c) Reappoint the incumbents to the Belvedere-Tiburon Library Agency Board and Marin Commission on Aging; and/or c) Direct staff to continue to advertise and schedule interviews for any remaining vacancies on boards and commissions. Exhibits: . Special Vacancy Notice - POST . Special Vacancy Notice - Planning Commission, Design Review Board, Jt. Recreation Committee . Notice of Pending Vacancy - Belvedere- Tiburon Library Agency Board and Marin Commission on Aging . Letter from Library Boardmember Mary Falk . Letter from Marin County Department of Health & Human Services/Division on Aging Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON SPECIAL VACANCY NOTICE (Town Commissions, Boards & Committees - May 2008) Parks.. Open Space and Trails Commission (POST) (Statutory Authority: Title I, Chapter 2, Article VI of the Tiburon Municipal Code; Town Council Resolution No. 22-2008) Purpose: This newly-formed commission combines the duties of the former Parks & Open Space Commission and the ad hoc Bicycle-Pedestrian Advisory Committee. The POST Commission will serve as the official Bicycle- Pedestrian Advisory Committee of the Town. Among its duties are to periodically review the Tiburon Bicycle & Pedestrian Master Plan and submit recommendations to the Town Council on bicycle and pedestrian- related matters. The POST Commission will also periodically review the Parks and Recreation Element of the Tiburon General Plan, and make specific recommendations to the Planning Commission and Town Council on policy matters pertaining to parks and/or open space lands under the jurisdiction of the Town, including their acquisition, maintenance, improvement and operation. The POST Commission will also assist with the organization of Town-sponsored events such as the Coastal Clean-up, public facility dedications and fund-raising events. The POST Commission will also coordinate with other boards and agencies on matters affecting the Commission's purview or jurisdiction. Membership & Qualifications: The POST Commission shall be comprised of five (5) members as follows: a) Four (4) members must live in the Town of Tiburon; b) One (1) member may live or work in the Tiburon Peninsula (including the Town of Tiburon, City of Belvedere, Strawberry, or any other unincorporated area of the Tiburon Peninsula). Terms: The term of office shall be four (4) years, except that the initial terms will have staggered expiration dates in order to promote continuity of experience and expertise. Two terms will expire on 2/28/1 0; one term will expire on 2/28/11; and two terms will expire on 2/29/12. Meetings: The new POST Commission will establish a regular meeting schedule; the commission will meet quarterly or have more or fewer meetings as deemed necessary to conduct its business. Interested persons can contact the Tiburon Town Clerk at 435-7377 or pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard. Application forms can also be downloaded from the Town's web site, www.ci.tiburon.ca.us (click on "useful forms"). DEADLINE for Receiot of Aoolications - Mav 16. 2008 Positions will remain open until filled. Notice Posted at Town Hall and BelvederelTiburon Public Library. Notice to be published in The Ark on May 7 & 14, 2008. Cc: Marin Independent Journal TOWN OF TIBURON SPECIAL VACANCY NOTICE On Town Commissions, Boards & Committees Unscheduled Vacancies - MARCH 2008 PLANNING COMMISSION - Statutory Authority: Section 3.04 of Tiburon Zoning Ordinance Term: Four years Purpose: The Planning Commission reviews and acts on applications for Conditional Use Permits, Secondary Dwelling Unit Use Permits, Minor Subdivisions, Lot Line Adjustments and certain other required applications. The Planning Commission also makes recommendations to the Town Council regarding Zone Changes, Zoning Text Amendments, Precise Development Plans, Major Subdivisions, and amendments to Master Plans and the Tiburon General Plan. Decisions of the Commission are final, unless appealed to the Town Council. Qualifications: Applicants must be residents of the Town of Tiburon and have the interest, dedication and time commitment to promote the general welfare of the community through proper interpretation and implementation of the Tiburon General Plan and Tiburon Zoning Ordinance. DESIGN REVIEW BOARD - Statutory Authority: Section 3.02 of Tiburon Zoning Ordinance Term: Four years Purpose: The Design Review Board reviews and acts on applications for Site Plan and Architectural Review, which can include plans for new residential and commercial building, remodels, additions, accessory buildings, swimming pools, fences, decks, and other structures. This review includes both the site layout and architectural design characteristics of a proposal. Decisions of the Board are final, unless appealed to the Town Council. Qualifications: A licensed architect is preferred to this vacancy, although not required. Applicants should be residents of the Town of Tiburon and have an interest and time available to help promote the general welfare and aesthetics of the community through proper regulation of site planning and architectural design. Formal training, experience or familiarity with architecture, design, and/or landscape architecture are preferred but not required. BELVEDERE/TffiURON JT. RECREATION COMMITTEE Statutory Authority: Joint Powers Agreement between City of Belvedere and Town of Tiburon Term: Four Years Purpose: The Committee is formed under a Joint Powers Agreement with the City of Belvedere and Town of Tiburon and is comprised of an equal number of Belvedere and Tiburon residents and a Reed Union School District Trustee. The purpose of the Committee is to oversee the Joint Recreation Department mission to provide quality recreational and educational programs that inspire and enrich the lives of children and adults in the community while maintaining a self- supporting agency. The Committee meets monthly and serves as a policy-setting and advisory board to both the Belvedere City Council and Tiburon Town Council. Qualifications: Applicants must be residents of the Town ofTiburon and have the interest, desire, and time available to serve for a full term, including attendance at regular meetings and other activities. The unscheduled vacancies on the Design Review Board and Jt. Recreation Committee have occurred as follows: Appointees Date Appointed Date Resiened - Term Expires 1) Al Aguirre May 2005; (Planning Commission) February 2006 March 2008 February 28,2010 4) Priscilla Tripp (11. Rec. Committee) 1984 March 2008 February 28,2011 2) Cathy Frymier May 2006 (Design Review Board) March 2008 February 28,2012 3) Tara Sullivan (Jt. Rec. Committee) September 2002; February 2004 February 2008 February 28, 2012 ********* Interested residents can contact Tiburon Town Clerk Diane Crane at 435-7377 for more information, or pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard. Applications are also on-line at www.ci.tiburon.ca.us (click on "Useful Forms"). Deadline for Applications = open until tilled cc: The Ark/Independent Journal Notice posted at Town Hall TOWN OF TIBURON NOTICE OF PENDING VACANCY ON TOWN BOARD OR COMMISSION MAY 2008 BELVEDERE/TIBURON LIBRARY AGENCY - BOARD OF TRUSTEES (Statutory Authority: Govt. Code Section 6500 et seq. and Joint Powers Agreement for Belvedere/Tiburon Library Agency) Position: Term: TRUSTEE - TOWN OF TmURON 3 Years - (beginning July 1) Qualifications: Applicants must be residents of the Town of Tiburon and have the interest, dedication and time commitment to serve as a trustee on the Board, including attendance at regular monthly meetings and other activities. The pending vacancy on the Library Board will occur as follows: 1) Aooointee Mary Falk Date Aooointed May 2004; 2005 Resienation * N/A Term Exoires June 30, 2008 *Ms. Falk is eligible to serve another term under the By-laws. Deadline for Receiot of Aoolications = Mav 26. 2008 Interested residents should contact Town Clerk Diane Crane Iacopi at 435-7377 to apply. --Posted at Tiburon Town Hall and Bel/Tib Library --Published in The Ark --Faxed to Marin Indevendent Journal TOWN OF TIBURON PENDING VACANCY NOTICE (Town Commissions, Boards & Committees) May 2008 MARIN COUNTY COMMISSION ON AGING (Statutory Authority: Federally-mandated advisory council to the Marin County Board of Supervisors which serves as the policy-making board of the Area Agency on Aging within the County government. POSITION: TERM: MEMBER - Town of Tiburon Representative 3 Years - (beginning July 1) Qualifications: Applicants should be residents of the Town of Tiburon and have the interest, desire, and time available to serve on the Commission, including attendance at regular monthly meetings which are held on weekdays, during daytime hours. Appointed Commissioners are expected to have an active interest in and a willingness to become knowledgeable about the needs and concerns of Marin's elderly residents, whether living in their own homes or in institutions, and those caring for them in the community in which they live. A majority of the commissioners must be 60 years of age or older. Since there is currently a majority of commissioners over age 60, the applicant need only be interested in the issues of aging in Marin County. The following commissioner's term will expire in June 2008: 1) Aooointee Allan Bortel Date AODointed June 2002; 2005 Date ResiJ!ned* N/A Term Exoires June 30, 2008 *Mr. Bortel has expressed his desire to continue to serve on the commission. Interested residents can pick up an application at Tiburon Town Hall, 1505 Tiburon Blvd., Tiburon CA 94920, or by calling Town Clerk Diane Crane Iacopi at 435-7377. DEADLINE = May 26, 2008. Notice Posted at Tiburon Town Hall and Be/vederelTiburon Library & Published in the Ark. MARY S. FALK 19 Tanfield Rd. Tiburon, Ca 94929 [0) ~~~~W~ ~ ~ JUN - 9 Z008 ill} TOWN CLERK IOWN OF TIBURON Mayor Jeff Slavitz Tiburon Town Council Tiburon Town Hall 1505 Tiburon Blvd. Tiburon, CA 94920 June 6, 2008 Dear Jeff and Council Members: Please accept Iny application for a second full tern1 on the Belvedere Tiburon Library Agency. Previously, I also served the last year of a BTLA term that another trustee did not complete. My Library service includes 3 years as president of the Library Foundation. I was a member ofthe original Steering COInn1ittee, and I have been a director of the Foundation since it was fonned. I continue to be a Inember of several Library committees. It is an honor to serve the Library. Thank you for considering my application. Sincerely, ;7) Mary s. ~ DIGEST fj. DEPARTMENT OF HEALTH AND HUMAN SERVICES Larry Meredith,Ph.D., Director Miles _Beyer r Mayo~ ,: ~ow of Tiburon 15 5 Tiburon Boulevard Iburon, CA 94920 RECEIVED APR 1 1 2008 DIVISION OF AGING 10 N. SAN PEDRO RD., STE. 1012 SAN RAFAEL, CA 94903 PHONE: (415) 499-7396 FAX: (415) 499-5055 www.co.marin.ca.us/aging April 9, 2008 TOWN MANAGERS OFFICE TOWN OF T/SURON Dear Mr. Berger: As you know, each of the 11 incorporated cities and towns in Marin County has an appointment to the County Commission on Aging, which also has ten seats appointed by the Board of Supervisors. The term of your appointee, Allan Bortel is up as of June 30, 2008. We would appreciate your City Council re-appointing or selecting another resident to sit on the Commission. In making appointments for this seat, the Council should be aware of State and Federal laws and regulations that require the following membership composition of advisory councils to Area Agencies on Aging: ' · A majority of persons 60 years of age or older; · Service providers and consumers; · Members who reflect the geographic, racial, economic, and social complexion of the planning and service area they represent. We encourage you to consider a representative from a low-income and / or minority group when making this appointment, since it is the expressed objective of the Commission on Aging to increase its diversity at this time. The current composition of the Commission on Aging (23 members) includes 16 members over the age of 60, seven members under 60, and service providers and consumers. We would appreciate confirmation of your City's appointment at the earliest possible date. If you have any questions, please do not hesitate to call me. Sincerely, A /; "~~ It ------I. "l / "A A I ~ <-"Lf'-' / V~C "-t Nick Trunzo (. Director TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 18, 2008 Agenda Item: a-. 'T/ / Ii --1--1-, STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Administrative Services Department Public Works Department Subject: Presentation of Conclusions of Organizational and Operational Review of the Public Works Department by Matrix Consulting Group and Staff Recommendations on Implementation Reviewed By: @ BACKGROUND In 2005, the Town embarked on a sequential operational review of its various departments in order to assess service levels, organizational structure, procedures, strengths, areas for improvement, and so forth. The Police Department received an operational review in 2005, followed by the Community Development Department in 2006. In 2007 the Town authorized a contract with Matrix Consulting Group (Matrix) of Palo Alto to perform an independent operational review and analysis of the Public Works Department, which is comprised of two divisions: Administration and Engineering, and Maintenance. Matrix Consulting was also the firm that conducted the Community Development Department review. Gary Goelitz of Matrix Consulting led the consulting team and will make a presentation of the key findings and recommendations of the operational review report. The approximately 75-page written report from Matrix contains many recommendations, including those involving budgeting for new expenditures, reorganization of personnel resources, new maintenance programs, and investment in technology and training. The report sets forth an immediate to long-range vision for the Public Works Department. Since Matrix began the study in June 2007, there has been a turn over of two key positions in the Maintenance Division. Based on the retirement of the Deputy Director of Public Works and the resignation of Assistant Superintendent of Public Works, staff has already implemented reclassification of these positions as recommended in this report. The Town Manager, Director of Administrative Services, and Director of Public Works have monitored the report's progress and recommendations throughout its development. In November 2007, the full report was presented to all members of the Public Works Department for their review and comment. The Council Public Works Subcommittee was also presented the initial findings and recommendations. Overall, the Matrix report concluded that the Department is well run and provides a high level of service, particularly in the Parks Maintenance Division, but does identify areas for improvement. Brief Overview of Department Public Works Administration and Engineering typically manages over $3.5 million in capital projects annually, and significantly more within the last several years as a result of the utility undergrounding projects. Additionally, it works closely with the Community Development Department to review development and master plans (e.g. the Bicycle and Pedestrian Master Plan). It safeguards the Town's right of way through review and issuance of encroachment permits generated by residents, contractors, and utility agencies who desire to operate within the public right of way. Approximately 95 permits are processed and over $20,000 are collected annually. Public Works Administration also maintains, directly and indirectly, the Town's approximately 33 centerline miles of roadway, 30 miles of culverts/v-ditches, 11 parks, medians, and open space, 3 major facilities, plus Town-owned condominiums. It manages the stormwater pollution prevention program, is developing a drainage master plan, will be overseeing the master planning of the Public Works Corporation Yard reconstruction and oversees state and federally grant funded initiatives across many areas. ANALYSIS Summary of Matrix Recommendations To aid analysis of the report recommendations, staffhas taken the Executive Summary as prepared by Matrix and added a column to reflect Town management's comments and perspecti ves. Cost Section Matrix Recommendation Increase Management Comments (Decrease) 4.6 Reclassify the position of Deputy ($3,500 Agree - Already implemented Director of Public works to Public annually) with the hire of replacement for Works Superintendent previous Deputy Director. 4.6 Reclassify the Assistant ($31,500 Agree - Implemented through in- Superintendent position to Senior annually) house open promotional Maintenance Worker recruitment 4.6 Reclassify the Foreman position to $0 Agree - To be implemented Senior Maintenance Worker. through attrition subject to meet and confer requirements 5.1 Public Works Superintendent and the $0 Agree - Staff is developing a Senior Maintenance Worker for park regular inspection schedule maintenance should conduct formal inspections of the Town's parks and landscaped areas on a quarterly basis; identify opportunities for improvement, and schedule maintenance or repairs to address these opportunities 5.2 Town should budget a minimum of $0 Agree - Currently implemented. $620,000 annually in2005 dollars for slurry seal, overlay, and reconstruction of the Town's streets 5.3 Develop a complete inventory of $0 Agree - will implement as time work activities performed by the permits Maintenance Division 5.3 Complete the development of the $0 Agree - will implement as time feature inventory maintained and permits repaired by the Maintenance Division 5.3 Develop service level standards for Agree - will implement as time the assets maintained and repaired by permits the Maintenance Division 5.3 Develop performance standards for Agree - will implement as time each work activity permits 5.3 Develop an annual work plan for the Agree - will implement as time Maintenance Division permits 5.3 Develop a monthly performance Agree - will implement as time report permits 5.3 Acquire and install a computerized $40,000 in Agree in concept - contingent on maintenance management system one-time future budget consideration $4,000 in ongoIng annual 5.4 Maintain the existing level of staffing $0 Agree for park maintenance 5.5 Maintenance Division should develop $0 Agree - This will be done in a five-year infrastructure preservation conjunction with Section 5.1. plan for the Town's parks 5.6 Maintenance Division should use $3,000 Agree selected herbicides to control weeds in the Town right-of-way in compliance with an integrated pest management policy 5.6 Develop a formal written integrated $0 Agree - will implement as time pest management policy permi ts 5.7 Maintenance Division should utilize $0 Agree - Currently implemented beaded paint for pavement legends, crosswalks, and stop bars for all other streets 5.8 Maintenance Division should replace $5,000 in Agree - In process the remainder of the Town's stop one-time signs with high-resolution signs in fiscal year 2007-08 T O\vn Council Meeting June 18, 2008 Page 3 9 5.9 Town should authorize the use of $10,000 Agree in concept - staff may seasonal staff for the performance of recommend funding through the unskilled and semi -skilled budget process in future years maintenance work in the summer 5.9 Maintenance Division should enhance $0 Agree - In process the effective use of the talents and skills of its street maintenance staff in the accomplishment of checking the sign reflectivity testing of the Town's regulatory signs on an annual basis, inspection of the Town's sidewalks for tripping hazards on a three to five year basis, sidewalk grinding, and temporary asphalt repairs, and base repair and skin patching of the Town's streets 5.10 Town should develop a plan for the $0 Agree - To be implemented in review and approval of the Town conjunction with proposed Open Council to reduce the fuel load and Space Management Plan mass in Town-owned rights-of-way 5.10 The plan to reduce fuel load and mass Agree - To be implemented in in Town-owned rights-of-way should conjunction with proposed Open be developed in partnership with the Space Management Plan Tiburon Fire Protection District 5.11 Town should engage the services of $0 Agree - funds budgeted in CIP an architectural firm to evaluate the for Corp Yard redevelopment existing corporation yard site, identify plan alternatives to the existing structures, and develop estimates of capital costs for each alternative 5.12 Consolidate through attrition the $0 Agree - To be implemented with Maintenance Worker I and II next hire subject to meet and classifications into one classification: confer requirements Maintenance Worker 6.1 Develop a 5-year capital plan that $0 Agree - Included in FY 2008-09 includes, at a minimum, a proj ect Municipal Budget description, project justification, goals of each project and the priorities, and the expected outcomes. 6.1 Partner with the Finance Department $0 Agree - done in the development of the 5-year capital plan. 6.2 Town should reduce the extent of use ($100,000) See narrative in next section of consulting engineering expenses for ongoing and routine engineering tasks 6.2 T own should authorize an Associate $114,000 See narrative in next section Engineer position. l unc 13\\)8 7.1 Develop departmental objectives and $0 Agree in concept - Will performance measures. implement through an enhanced employee performance evaluation process 7.1 Issue quarterly reports regarding its $0 Agree in concept - Department progress in achieving the goals, currently reports project updates objectives, and performance and meets with Town Manager measures. on a bi-weekly basis. 7.2 Develop a training plan for its $0 Agree - Department is employees based upon a needs implementing a revised training assessment. plan and binder for its employees. Draft plan is in process. 7.3 Clearly document departmental $0 Agree - Staff will develop a policies and procedures. policies and procedures manual for the Department for approval by the Town Manager. 7.4 Transition the Administrative Aide ($33,800) See narrative in next section position from full-time to part-time. 7.4 Town Manager should develop an $0 See narrative in next section arrangement for shared support/clerical services with the Community Development Director and the Public Works Director Matrix Proposed Staffing Changes for Administration and Engineering Division Matrix has recommended two significant structural changes be made within the Administration and Engineering Division: 1) Create a permanent staff engineer position and 2) Reduce the hours of the Administrative Aide position. These are discussed below. Staff Engineer Matrix observed that the Public Works Director / Town Engineer is limited in his ability to manage the Department and manage the capital improvement program; sufficient time is not available to do both well. Further, the Department faces various challenges in the maintenance division and other day-to-day aspects of Public Works, such as increasing regulatory compliance (e.g. stormwater and bay water quality compliance) and encroachment permitting. These demands persist and may worsen over time as the Town matures and regulatory requirements increase. Other cities or towns of comparable population as Tiburon have authorized a higher number of engineers, such as: . Lost Altos Hills, population 8,607 has authorized a Public Works Director, an Associate Engineer, and an Engineering Technician . Atherton, population 7,423 has authorized a Public Works Director and an Assistant/Associate Engineer . Corte Madera, population 9,400 has authorized a Public Works Director, a Senior Civil Engineer and an Associate Engineer Staff also realizes that other small towns comparable to Tiburon, such as Fairfax or Sebastopol, do not have professional engineering staff besides the Public Works Director/Town Engineer. Matrix believes assessing the need for a second professional engineer position must ultimately be driven by a workload analysis. A review of the Town's capital improvement plan suggests an additional engineering position is warranted. Matrix utilized cost of construction guidelines in evaluating the staffing requirements for design administration and construction management. According to Matrix, a professional engineer should be capable of performing project administration and construction management of capital projects with a value of $2.5 million to $3.0 million annually. Even if the Lyford Cove assessment district and the Del Mar assessment district are excluded from the capital projects, there still remains almost $3.9 million in funded capital projects. Matrix believes there is more than sufficient workload to warrant the addition of a professional engineer for project and construction administration of the Town's capital projects and other professional level tasks (such as special projects and regulatory compliance). Estimating the project and construction oversight provided by consultants to be about 4 percent ofproject cost, $120,000 could be saved by bringing this function in-house based on a $3 million CIP. However, a more conservative estimate places this savings at $72,000 since the proposed engineer would be providing value while performing other tasks. Should the Town proceed with the recommended staffing, the Town could recover a portion of the Associate Engineer's costs from restricted funds budgeted for projects with which he/she was involved. Administrative Aide Under the current staff structure, Matrix does not believe the administrative workload of the Public Works Department requires a full-time administrative support position, and feels some the workload can be absorbed by other support positions in the Town. Consequently, Matrix recommended that the Administrative Assistant position be reduced from full-time to 15 hours per week. At this level of hours, the position would continue to be responsible for a number of duties for the Public Works Department including the following: . Collect employee timecards and ensure information contained is complete. . Provide administrative support to the Parks and Open Space Commission (now joined with BP AC and restructured as POST), including coordinating meetings every two months, preparing and distributing the meeting's agenda and minutes. . Support the proposed new staff engineer in tasks related to the Marin County Storm Water Pollution Prevention Program committee (MCSTOPP). . Maintain the Public Works Department's records and files. Matrix believes the Community Development Department's Planning Secretary and Building Permit Clerk should be able to assist in filling any gaps resulting from the reduction of the Administrative Aide position. The Planning Secretary is responsible for providing support to the Director and the three staff of the Planning and Design Review Division. This includes preparation of the packets for the Planning Commission and the Design Review Board, providing public noticing of applications, responding to public inquiries at the Planning and Design Review Division counter, generating monthly reports for the department, and retrieving files for the Planning and Design Review Division and Building Inspection Division. She also covers for the receptionist when the latter is on break or otherwise unavailable. The Building Permit Clerk is responsible for answering the phones for the division (an average of 40 a day), responding to public inquiries at the counter (an average of 20 a day), issuing building permits, accepting and routing building permit applications, and pulling and filing address cards for inspections. Matrix recommends that the Town develop a protocol for limited sharing of these two staff members with the Public Works Department. This protocol should include the following: · The Planning Secretary should answer and direct phone calls for the Public Works Department; . The Planning Secretary should collect employee timecards and ensure information contained is complete for the Public Works Department; . The Building Permit Clerk should perform front counter duties as needed, including the intake, payment collection, and processing of encroachment permits, and forwarding encroachment permit applications to the Director or Associate Engineer depending on the nature and complexity of the application. Reducing the Administrative Aide's hours (at top step of the range) saves about half of the current position's salary and benefit, or about $33,000. Management Proposed Staffing Changes for Administration and Engineering Division The chart below illustrates the cost for a full-time and a part-time Administrative Aide and the estimated cost of a full-time Associate Engineer: Full- Time Part- Time Assoc. Engineer Admin Aide Admin Aide Salary $45,950 $22,975 $ 85,500 Retirement 7,803 $ 3,902 14,520 Medical 11,400 $ 5,700 12,600 FICA 666 $333 1,240 Total $65,819 $32,910 $113,859 Though Staff generally agrees with the findings by Matrix, the recommendation does call for the Town to increase its currently authorized personnel by 0.5 FTE, which would drive up personnel costs by approximately $81,000. Matrix's basis for adding a staff engineer position and reducing the administrative aide hours is sound, and under more certain economic conditions might be an ideal option, but it is not consistent with the present direction of the Town budget. Staff wishes to keep any recommended personnel changes as budget and personnel neutral as possible. Given this desire, and after considerable discussion with Matrix, staff believes that the Town would be better served, and an acceptable workload versus staffing compromise would be achieved, by adding an Engineering Technician rather than Associate Engineer, coupled with the elimination of the Administrative Aide position. An Engineering Technician would not be aPE, but would be capable of serving as a high-level assistant to the Town Engineer and might possess a 2-year engineering degree or something similar. An Engineering Technician can provide a combination of administrative and technical assistance that would benefit the Town in various ways including: · Support the stormwater pollution program and act as the stormwater pollution prevention liaison while adding value to the program with technical knowledge · Process encroachment permits with the ability to review application more effectively and efficiently · Assist the Director and Superintendent with labor-intensive contract administration and construction inspection to facilitate capital, maintenance, and special projects · Assist the Director and Superintendent in performing a variety of administrative tasks from research gathering to customer service · Complete small engineering and Town projects from beginning to end, such as traffic calming solutions · Aid the Director in managing key capital projects, from representing the Director in certain meetings to filing documents · Aid the Director in fulfilling the recommendations of the Matrix study · Assist the Department in preparing grant applications · Process Department invoices · Be the initial contact at the Public Works counter · Respond to customer requests The Engineering Technician position would be a hybridized one, able to provide some level of support on the technical and administrative fronts. However, this position cannot perform two roles completely so staff believes the remaining routine clerical/reception duties could be absorbed by a combination of the Building and Planning front counter personnel as described above under the Matrix recommendation for reduced Administrative Aide hours. If this position is approved and the Administrative Aide position is eliminated (the incumbent, Lynn Skillings, would likely retire), it is recommended that this reorganization take effect September 1, 2008. Staff has met and conferred with the employee union that represents the Administrative Aide and have reached agreement on the proposal with a September 1 st effective date. The net impact of staff s recommendation would be no additional FTE and no additional cost to the Town. The first table below shows that although there would be an increase of $29,667 through the addition of an Engineering Technician and elimination of the Administrative Aide, the economic savings reaped by having the Technician perform various tasks engineering consultants currently perform would conservatively negate this cost. Even when considering a proposal from staff to increase the engineering operating budget by $40,000 to allow for potential outside engineering staff support for this transitional year, there is no net increase, considering the resource savings in CIP project and construction oversight to be performed in-house, as illustrated in the second table below. T oV,Tn Council Meeting June IS, 2008 Potential Net Savings from Proposal Estimated savIngs from project & construction oversight $72,000 to be performed in-house Net cost of hiring Engineering Technician & Eliminating ($29,667) Administrative Aide Budget allowance for outside engIneenng staff support ($40,000) Estimated. .l).et s(\villi!s $2,33~ FINANCIAL IMPACT As presented, the Matrix report calls for approximately $45,000 in one-time costs, of which $40,000 is for the purchase of a would be useful, but feels this recommendation is of low priority. Also recommended is $5,000 towards the replacement of the Town's stop signs with high- resolution signs. This recommendation is being implemented and funded though the Streets Department normal operating budget. The most significant impact would be from the Matrix report's recommendation related to the proper level of staffing for the Administration and Engineering Division. As illustrated above, based on staffs recommendations, adding an Engineering Technician and eliminating the Administrative Aide position would increase the Department's operating budget by approximately $29,000. However, it is anticipated that this increase would be negated and represent an actual cost savings reaped through using less consultant support. The remaining financial impacts from the Matrix report are considered immaterial and when implemented would be funded through the normal budget process. RECOMMENDATION Staff recommends that the Town Council: 1. Receive the presentation by Gary Goelitz of Matrix Consulting 2. Moved to accept the report with the provision that 2008-09 municipal budget provide for the position of Engineering Technician and the position of Administrative Aide be eliminated, effective September 1, 2008. Exhibits: Management Study of the Public Works Department, prepared by Matrix Consulting Group (available upon request) Prepared By: Heidi Bigall, Director of Administrative Services Nicholas Nguyen, Director of Public Works/Town Engineer Peggy Curran, Town Manager Page 9 9 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting JunelS,200S Agenda Item: 4r- j ST AFF REPORT To: Mayor and Members of the Town Council From: Police Department Subject: Recommendation to Approve Resolutions Creating a New Pine Terrace Permit Parking Program and Amending the Existing Mar West Area Residential Parking Permit Program ~ Reviewed By: Pine Terrace The residents of Pine Terrace have complained of parking problems on their small cul-de-sac that result from their proximity to the heavily used Town owned recreational field at McKegney Green. Despite efforts by the residents to discourage parking congestion on the street by posting of signs advising drivers to park at Blackie's Pasture, communication with the soccer league and enforcement of illegal parking by the police department, the problem persists. Several meetings between the Police Chief and residents have resulted in a consensus to restrict parking on Pine Terrace from 7:00 AM to 7:00 PM daily to residents and their guests holding annual parking permits issued by the Police Department. Access to McKegney Green by the public would not be adversely affected by this action. Adequate parking exists at Blackie's pasture and on Avenida Mira Flores. The establishment by resolution of a permit parking zone will give the police Department sufficient authority to abate the problem in the future when notified by the residents of violations. The Town Council has authority to enact such programs under CVC 22507. Mar West Area Through a series of resolutions extending back to 1988, the Town Council established and subsequently modified a parking permit program for portions of Mar West Street, Esperanza Street, Cazadero Lane and Raccoon Lane to address a shortage of on-street parking for residents. The new Pine Terrace Permit Parking Program, if Council chooses to proceed with it as set forth in the attached Resolution, streamlines processes for the administration of the program from those contained in the existing Mar West program. Because this Resolution contains a different fee structure and administrative procedures from those approved in the existing Mar West Resolution, staff recommends the latter be modified to make them consistent. A Resolution affecting this change is attached and recommended for adoption. FINANCIAL IMPACT Costs of reviewing applications for permits, issuance of the permits and installation of signs ($1000.00) for Pine Terrace will be recovered by a combination of annual fees ($25.00 per household) and parking fines within three years, after which the program will generate a small amount of net revenue. Reductions in revenues from modifying the fees in the Mar West permit parking area will be approximately $1,000 annually. Enforcement costs are not expected to be significant. RECOMMENDATION Staff recommends that the Town Council move to: 1. Adopt the attached Resolution establishing the Pine Terrace permit parking program 2. Adopt the attached Resolution modifying the Mar West area permit parking program Exhibits: Pine Terrace Resolution Mar West Area Resolution Prepared By: Michael J Cronin, Chief of Police RESOLUTION NO. A RESOLUTION OF THE TOWN COUCIL OF THE TOWN OF TIBURON ESTABLISHING A RESIDENTIAL PARKING PERMIT PROGRAM ON PINE TERRACE WHEREAS, the Town Council of the Town of Tiburon, after public hearing, finds and determines as follows: a. The entire street of Pine Terrace is subject to heavy use and demand from persons who utilize McKegney Green. b. Pine Terrace provides only marginally adequate on-street parking for residents; c. The California Vehicle Code authorizes the Town to adopt a system granting preferential parking privileges on streets within the Town to residents adjacent to such streets; and d. The establishment of a permit parking zone for Pine Terrace will alleviate the parking problems of the residents. NOW, THEREFORE, THE TOWN COUNCIL ON THE TOWN OF TIBURON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Authority. This resolution is adopted pursuant to the Uniform Traffic Ordinance codified in Chapter 23, Article 1 of the Tiburon Municipal Code, and Section 22507 of the Vehicle Code of the State of California. Section 2. Permit System Established. The Pine Terrace Residential Parking Permit Program is hereby established. Section 3. Parking Restricted. No operator of any vehicle shall stop, stand or park such vehicle on Pine Terrace on any day, including Saturdays, Sundays and Holidays, between the hours of7:00 A.M. and 7:00 P.M. unless a valid residential or construction parking permit is affixed to the left rear window of the vehicle or suspended from the rear view mirror of the vehicle. Section 4.~. Street signs shall notify the public that any vehicle parked in the violation of this resolution may be cited and/or towed. Section 5. Residential Parking Permits. A. Residents. Residents meeting the following criteria may apply for residential parking permits at the Police Department: 1 1. The applicant presents proof of residency such as: Property tax bill, utility bill bearing the applicant's name and a Pine Terrace address, or title, or a lease or rental agreement for a residence with a Pine Terrace address, and 2. The applicant presents one of the following: a. a valid vehicle registration, temporary registration or title bearing the applicant's name, the name of a family member or domestic partner, or b. a letter from the registered or legal owner of the vehicle stating the person is authorized to use the vehicle accompanied by valid vehicle registration for the vehicle. B. Dual Residence. Residents of Pine Terrace who maintain more than one household, and whose vehicle(s) is registered at an address other than Pine Terrace, will be entitled to obtain parking permit(s) upon meeting the requirements of Section 5.A.l., accompanied by a written statement affirming that the applicant periodically resides at the Pine Terrace residence, and that said residence is not rented to others who occupy the premises to the exclusion of the applicant. C. Company Vehicles. Applicants who regularly operate a vehicle owned/leased by their employer shall, in addition to providing proof of residency, provide proof of the vehicle assignment by furnishing a letter attesting to the fact, and signed by an officer or managing agent of the company on company letterhead. D. Multiple Permit Stickers. A single permit sticker will be issued for each vehicle registered meeting the requirements of 5.A.l.or 2. Section 6. Guest Parking Permits. Two guest parking permits for each legally established dwelling unit (residence) will be provided to applicants meeting the conditions described in Section 5.A.l.or 2. A Guest Parking Permit is to be suspended from the interior rear-view mirror of the guest's vehicle while the vehicle is parked on Pine Terrace. Section 7. Party Parking Permits. Party Parking Permits for each legally _ established dwelling unit (residence) may be obtained from the Police Department. Residents may obtain the desired number of temporary guest permits by bringing one of their Guest Parking Permits to the Police Department during normal business hours. A member of the department will duplicate the Guest Permit on department letterhead and sign and date/time the temporary permit for the start of the desired 24 hour period. The permit is to be displayed on the driver's side dashboard of the party guests vehicle. Each Party Parking Permit will be valid for a 24-hour period only. Section 8. Construction Parking Permits. Construction Parking Permits for each legally established dwelling unit (residence) may be obtained from the Building Department and are to be displayed on the driver's side dashboard. Each Construction 2 Permit will show the address where work is being done, an expiration date not to exceed six months from issuance, and will be valid only from 8:00 A.M. - 5:00 P.M. on weekdays. Section 9. Fees. The fees for the issuance of the parking stickers and permits are as follows: a. Resident Sticker(s) & two Guest Parking Permits: (May be prorated with minimum fee of$10.00) Annual Fee: $25.00 b. Construction Parking Administrative Fee (No Limit) $25.00 c. Replacement Permit Administrative Fee $10.00 Section 10. Replacement Sticker and Permits. Upon loss, destruction, or theft of a resident parking sticker of guest parking permit, the Police Department will issue a replacement sticker or permit with a new number. Any vehicle displaYing a permit previously reported as lost or stolen, or otherwise invalid, is in violation of the resolution and is subject to citation and towing. Section 11. Violation. Vehicles parked in violation of this resolution are hereby decreed a public nuisance and shall be subject to a fine of $30.00. The owner/operator of the vehicle is responsible for payment of all towing and storage fees. Section 12. Effective Date. The Permit Parking System established for Pine Terrace herein shall become effective immediately. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: MAYOR, Town of Tiburon ATTEST: TOWN MANAGER/CLERK 3 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON SUPERSEDING RESOLUTIONS NO. 2560 AND 3247 AND ESTABLISHING A RESIDENTIAL PARKING PERMIT PROGRAM ON MAR WEST STREET BETWEEN 1645 MAR WEST AND LAS LOMAS LANE AND ESPERANZA STREET BETWEEN MAR WEST STREET AND CAZADERO LANE AND TO CENTRO WEST BETWEEN ESPERANZA STREET AND RACOON LANE WHEREAS, On November 2, 1988, The Town Council adopted Resolution No. 2560 which established a residential parking permit program on Mar West Street between 1645 Mar West and Las Lomas Lane; and WHEREAS, On October 15, the Town Council of the Town of Tiburon, after public hearing, expanded the permit parking program to include portions of Cazadero Street and Racoon Lane; and WHEREAS, on June 15,2008, the Town Council, after public hearing established a permit parking program on Pine Terrace establishing a different fee schedule and administrative procedures; and WHEREAS, the Town Council, after public hearing finds and determines: a. Parking on that portion of Mar West Street between 1645 Mar West Street and Los Lomas Lane (hereinafter referred to as "Mar West") is subj ect to heavy use and demand from non-resident commuters who work in or visit the downtown area; b. Mar West already provides only marginally adequate on-street parking for residents; c. The California Vehicle Code authorizes the Town to adopt a system granting preferential parking privileges on streets within the Town to residents adjacent to such streets; and d. The establishment of a two hour parking zone and a residential parking program for Mar West will alleviate the parking problems of the residents of Mar West and portions on Centro West streets. a. The entire street of Pine Terrace is subject to heavy use and demand from persons who utilize McKegney Green. b. Pine Terrace provides only marginally adequate on-street parking for residents; 1 c. The California Vehicle Code authorizes the Town to adopt a system granting preferential parking privileges on streets within the Town to residents adjacent to such streets; and d. The establishment of a permit parking zone for Pine Terrace will alleviate the parking problems of the residents. NOW, THEREFORE, THE TOWN COUNCIL ON THE TOWN OF TIBURON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Authoritv. This resolution is adopted pursuant to the Uniform Traffic Ordinance codified in Chapter 23, Article 1 of the Tiburon Municipal Code, and Section 22507 of the Vehicle Code of the State of California. Section 2. Permit System Established. The Pine Terrace Residential Parking Permit Program is hereby established. Section 3. Parking Restricted. No operator of any vehicle shall stop, stand or park such vehicle on Pine Terrace on any day, including Saturdays, Sundays and Holidays, for a period of time longer than two hours, between the hours of8:00 AM and 10:00 PM unless a valid residential or construction parking permit is affixed to the left rear window of the vehicle or suspended from the rear view mirror of the vehicle. Section 4. fuw. Street signs shall notify the public that any vehicle parked in the violation of this resolution may be cited and/or towed. Section 5. Residential Parking Permits. A. Residents. Residents meeting the following criteria may apply for residential parking permits at the Police Department: 1. The applicant presents proof of residency such as: Property tax bill, utility bill bearing the applicant's name and a Pine Terrace address, or title, or a lease or rental agreement for a residence with a Pine Terrace address, and 2. The applicant presents one of the following: a. a valid vehicle registration, temporary registration or title bearing the applicant's name, the name of a family member or domestic partner, or b. a letter from the registered or legal owner of the vehicle stating the person is authorized to use the vehicle accompanied by valid vehicle registration for the vehicle. B. Dual Residence. Residents of Pine Terrace who maintain more than one household, and whose vehicle(s) is registered at an address other than Pine Terrace, will 2 be entitled to obtain parking permit(s) upon meeting the requirements of Section 5.A.l., accompanied by a written statement affirming that the applicant periodically resides at the Pine Terrace residence, and that said residence is not rented to others who occupy the premises to the exclusion of the applicant. C. Company Vehicles. Applicants who regularly operate a vehicle owned/leased by their employer shall, in addition to providing proof of residency, provide proof of the vehicle assignment by furnishing a letter attesting to the fact, and signed by an officer or managing agent of the company on company letterhead. D. Multiple Permit Stickers. A single permit sticker will be issued for each vehicle registered meeting the requirements of 5.A.l.or 2. Section 6. Guest Parking Permits. Two guest parking permits for each legally established dwelling unit (residence) will be provided to applicants meeting the conditions described in Section 5.A.l.or 2. A Guest Parking Permit is to be suspended from the interior rear-view mirror of the guest's vehicle while the vehicle is parked in the described area. Section 7. Party Parking Permits. Party Parking Permits for each legally established dwelling unit (residence) may be obtained from the Police Department. Residents may obtain the desired number of temporary guest permits by bringing one of their Guest Parking Permits to the Police Department during normal business hours. A member of the department will duplicate the Guest Permit on department letterhead and sign and date/time the temporary permit for the start of the desired 24 hour period. The permit is to be displayed on the driver's side dashboard of the party guests vehicle. Each Party Parking Permit will be valid for a 24-hour period only. Section 8. Construction Parking Permits. Construction Parking Permits for each legally established dwelling unit (residence) may be obtained from the Building Department and are to be displayed on the driver's side dashboard. Each Construction Permit will show the address where work is being done, an expiration date not to exceed six months from issuance, and will be valid only from 8:00 A.M. - 5:00 P.M. on weekdays. Section 9. Fees. The fees for the issuance of the parking stickers and permits are as follows: a. Resident Sticker(s) & two Guest Parking Permits: (May be prorated with minimum fee of$10.00) Annual Fee: b. Construction Parking Administrative Fee (No Limit) c. Replacement Permit Administrative Fee $25.00 $25.00 $10.00 3 Section 10. Replacement Sticker and Permits. Upon loss, destruction, or theft of a resident parking sticker of guest parking permit, the Police Department will issue a replacement sticker or permit with a new number. Any vehicle displaying a permit previously reported as lost or stolen, or otherwise invalid, is in violation of the resolution and is subject to citation and towing. Section 11. Violation. Vehicles parked in violation of this resolution are hereby decreed a public nuisance and shall be subject to a fine of$30.00. The owner/operator of the vehicle is responsible for payment of all towing and storage fees. Section 12. Effective Date. The Permit Parking System established for Pine Terrace herein shall become effective immediately. 4 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: MAYOR Town of Tiburon ATTEST: TOWN MANAGER/CLERK 5 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 18, 200S Agenda Itemj4 t~ 1 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Administrative Services Department Subject: Fiscal Year 2008-09 Municipal Budget Plan and Related Resolutions Reviewed By: ~~ ' ..,.,,- BACKGROUND At its meeting of June 4, 2008, the Town Council received a presentation and held a public hearing on the proposed Fiscal Year 2008-09 Municipal Budget. This evening staff will provide a brief oral presentation on the Debt Service and Redevelopment Agency portion of the Municipal budget. Since the first presentation, two changes are being proposed in the operating portion of the municipal budget. First, staff is recommending that the Richardson Bay Regional Agency JP A costs be increased from $19,000 to $20,763. Secondly, a new line item for Marin Clean Energy JP A is established at $2,000. Both these changes are within the Non-Departmental budget, and adjust the operating surplus to $13,574. ANAL YSIS Debt Service The Town's debt service program consists of eight bond issues, totaling approximately $11.5 million in outstanding principal. Each bond issue is paid by assessments levied against residential and commercial properties located within each assessment district. The Town acts as the fiduciary agency for the receipt of assessment revenues and subsequent payment of the bonds. Redevelopment Agency The proposed FY 2008-09 budget for the Tiburon Redevelopment Agency totals $3,500 which will provide for costs related to the annual financial audit of the agency and legal services that may be required during the year. The Redevelopment Agency will continue to be a component part of the Town's municipal budget until such time as the Town fulfills the Agency's housing requirements. Municipal Budget Re-Cap The operating budget is balanced as follows: Proj ected Revenues Proj ected Expenses $8,922,654 $8,909,080 Operating Surplus $ 13,574 As proposed, the total budget for the Town is $16,798,690. Once adopted, the final document will be printed and circulated to all interested parties. FY 2008-09 APPROPRIATION LIMIT Proposition 4, approved by California voters in November 1979, established and defined annual revenue appropriation limits on all government entities. Proposition 4 became effective in Fiscal Year 1980-81; however the calculations to determine the annual limit are carried from a Fiscal Year 1978-79 base. Proposition 4 was modified in 1990 with the passage of Proposition 111, which slightly changes the annual adjustment factors, further identifies of the types of expenditures which are excluded from the limit, and provides for the exclusion of emergency expenditures from the limit. Implementation legislation provides that the Town Council shall, at a regularly scheduled meeting, establish by resolution the amount of appropriation subject to limitation. The State is to be provided with informational forms with the filing of the Annual Statement of Financial Transactions no later than ninety days after the start of the fiscal year. The appropriations limit is the calculated dollar amount which limits the Town's ability to receive and expend proceeds of taxes. Such revenues include: Property Taxes, ERAF rebates, Sales Taxes, Real Property Transfer Taxes, Transient Occupancy Taxes, Business License Taxes, State Motor Vehicle Fees, Off-Highway Taxes, certain rental income, other revenues and rebates (excluding Redevelopment Agency Fees), a share of investment earnings, and transfer of funds from other funds into reserves of the General Fund. The limit is calculated by adjusting the previously adopted limit by factors which include: (1) the State of California Per Capita Income Growth, and (2) the Town's Population Growth. Both these figures are provided by the State Department of Finance. The limit is further adjusted if cities bear the costs of legislated fees for the transfer of responsibility. The County, through SB 2335, established fees for the collection of property taxes and for booking prisoners. The calculation for the Town of Tiburon's Appropriations Limitation for FY 2008-09 is illustrated as follows: Gann Limit Calculation - FY 2008-09 Amount 1. Previously established limit, July 1, 2007 2. Adjustment Factors $6,306,780 Per capital personal income Population growth 4.29% 0.77% 3. Multiplier, for adjustment to limit (1.0429 x 1.0077) 1.05093 4. Subtotal new limit (1) x (3) $6,627,986 5. Add: legislated pass-through fees County property tax collection $50,000 6. Revised limit, July 1, 2007 $6,677,986 Once the Appropriations Limitation has been determined for the upcoming fiscal year, staff must then determine the amount of revenues that Town expects to receive that are subject to the limit. The table below illustrates revenues that are subject to the Gann Limit. 2008-09 Appropriations Subject to Gann Limit Amount A. Proceeds of Taxes $5,913,534 B. Exclusions -0- C. Appropriations subject to Limitation $5,913,534 D. Current Year Limit (from above) $6,677,986 E. Over (Under) Gann Limit ($ 764,452) F. Percent Over (Under) Limit (12.93%) This calculation indicates the Town could receive up to $764,452 in additional taxes without running afoul of its Gann limit. MANAGEMENT AND MID-MANAGEMENT EMPLOYEE INCENTIVE PROGRAM Annually, the Town Council adopts by Resolution the Management and Mid-Management employee groups recognition and incentive compensation program. The salary range for each employee has been increased by the CPI for the period April 2007 - April 2008, which recently was reported to be 3.20/0. Effective January 1, 2009 the Town is also increasing its monthly contribution to each employee's cafeteria insurance plan $25. Additionally, effective January 1, 2009, the Resolution as proposed would cap at $400 the amount of unused cafeteria benefit dollars that may be paid into an employee's deferred compensation plan. Currently, employees covered by this Resolution may retain, in one form or another, their entire cafeteria benefit even if it is not needed for insurance coverage. This approach to cafeteria benefits is ultimately expensive for the Town as it means that the full allowance for benefits is used in every case. By capping the amount of "unused" cafeteria benefit that can be retained essentially as deferred salary, the Town will, over time, reduce the cost it must incur to keep up with spiraling medical insurance costs. In order to avoid penalizing any employee who has come to rely upon these contributions to deferred compensation or who may have elected to come into the Town's employ in part based upon this expectation, this limit will not reduce any employee's current allocation of their unused cafeteria benefit. Any employee exceeding $400 per month on December 31, 2008 shall be capped at the higher level, but not be allowed to move beyond that level as cafeteria benefits increase over time. Additionally, should the grandfathered amount ever be voluntarily reduced, the reduced amount will become the employee's new cap, which can not be exceeded in the future. The proposed Municipal Budget includes all costs associated with the Management and Mid- Management employee incentive program. RECOMMENDA TION Staff recommends that Council: 1. Hold a public hearing and after due consideration, 2. Approve the attached resolutions: a. Adopting the Municipal Budget Plan for FY 2008-09; b. Establishing the Town's Appropriation Limit for FY 2008-2009, c. Adopting an Amended Management Recognition and Incentive Compensation Program; and d. Adopting an Amended Mid-Management, professional & confidential Employees Recognition and Incentive Compensation Program Exhibits 1. Resolution Adopting the Municipal Budget Plan for FY 2008-09 2. Resolution Establishing the Town's Appropriation Limit for FY 2008-09 3. Resolution Adopting the Management Recognition and Incentive Compensation Program 4. Resolution Adopting the Mid-Management, Professional & Confidential Employees Recognition and Incentive Compensation Program. Prepared By: Heidi Bigall, Director of Administrative Services Peggy Curran, Town Manager RESOLUTION NO. -2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A MUNICIPAL BUDGET PLAN FOR THE TOWN OF TIBURON AND THE TIBURON REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDING JUNE 30. 2009 WHEREAS, the Town Council conducted a Public Hearing concerning the proposed Municipal Budget Plan for fiscal year 2009 at it regularly scheduled meetings of Wednesday, June 4,2008 and June 18,2008; and WHEREAS, the Town Council now finds that the proposed Municipal Budget Plan, as estimated, provides for all appropriate municipal purposes and services with current fund(s) and resources and estimated revenues for fiscal year 2009; and NOW, THEREFORE, BE IT RESOLVED; that the proposed Municipal Budget Plan appropriates revenues and other sources of funds for expenditures associated with operations, capital outlays, capital improvements, debt services, and the Redevelopment Agency in the following amounts: Section 1. Operating Budget Program - The proposed Plan has sufficient resources to finance the planned expenditures: Revenues and Funding Sources $8,922,654 Expendi tures 8,909,080 Total Operating Net: $ 13,572 Section 1 a. Operating Revenue Appropriation - Estimated Revenues and Sources of Funds for fiscal year 2009 GENERAL FUND Property Taxes $3,211,926 Other Taxes 1,245,000 Franchise Fees 458,200 Fines & Forfeitures 175,000 Investment Earnings 240,000 Intergovernmental & Agency 758,108 Licenses & Permits 950,900 Charges for Services 316,600 Other Revenues 92,500 Subtotal General Fund Revenues $7,448,234 OTHER FUNDING SOURCES Employee Compensated Leave $ 0 Page 1 of5 Low/Moderate Housing Fund 24,725 Town Owned Housing Fund 59,500 Peninsula Library Agency 1,349,215 Police COPS/SLESF Fund 0 Cypress Hollow Fund 15,980 Long Range Planning Fund 25,000 Total Revenues & Sources $8,922,654 Section 1 b. General Fund Expenditures Appropriation - Planned Department expenditures for fiscal year 2009: AMOUNT ADMINISTRATION Town Attorney $ 311,772 Town Administration 988,777 Administration Building 213,300 Legislative 42,500 COMMUNITY DEVELOPMENT Planning & Design Review $ 538,163 Building Inspection 554,442 Advanced Planning 25,000 POLICE Police Department $2,867,037 Police Building 83,000 PUBLIC WORKS Administration $ 319,395 Streets Maintenance 463,492 Parks Maintenance 375,234 Street & Signal Light Maintenance 42,400 Corporation Yard 90,600 Cypress Hollow 15,980 NON-DEPARTMENT AL Insurances & JP As 544,548 Low-Moderate Income Housing 24,725 T own Owned Housing 59,500 Belvedere/Tiburon Library Agency 1,349,215 Total Expenditures: $8,909,080 Page 2 of5 Section 2. Capital Improvement Program - Sources of Funding for Planned Streets, Drainage and Community Development Improvements in fiscal year 2009: SOURCES PROJECTS Del Mar Assessment District 3,261,000 Infrastructure & Facility Fund 55,000 Circulation System Improvement Fund 15,000 Gas Tax Fund 230,000 General Fund Streets & Drainage Reserve 667,500 Drainage Impact Fund 150,000 General Fund Open Space Management Reserve 60,000 Street Impact Fund 360,000 PW Corporation Yard Improvement Fund 160,000 Tiburon Playground Fund 90,000 Land & Water Conservation Grant 75,000 Measure A Funds 87,000 General Fund Park Development Fund 162,000 Non-Motorized Transportation Grant 350,000 Safe-Routes to School Grant 250,000 Prop. 1 B Fund 400,000 State TCR Fund 35,000 General Fund 57,500 Cypress Hollow LLD 59,000 City of Belvedere Contribution 12,500 STREETS Resurfacing Engineering & Administration $1,025,000 Traffic Safety Improvements 370,000 Subtotal Streets Improvements $1,395,000 DRAINAGE Culvert Rehabilitation/Replacement 15,000 Beach Road/Tiburon Blvd. Drainage 30,000 Drainage Improvements 200,000 Subtotal Drainage Improvements $ 245,000 COMMUNITY DEVELOPMENT Del Mar Valley Utility Undergrounding 3,261,000 Sidewalk & Curb Ramps (ADA Compliance) 7,500 MUP @ Pine Terrace 200,000 Paths, Lanes & Steps Improvements 350,000 Paradise Drive Foundation Repair 165,000 San Rafael A venue Seawall 49,000 Parking Improvements @ Tib. Blvd./Lyford Dr. 275,000 Way Finding Signage 50,000 Page 3 of 5 Open Space Vegetation Clearance 20,000 Open space Management Plan 40,000 Paradise Drive Maintenance Agreement 20,000 Recreation Master Plan 50,000 Median Maintenance 20,000 Refinish Council Chamber Floors 5,000 New Public Works Corp Yard Design Phase 160,000 Cypress Hollow Playground Renovation 50,000 Cypress Hollow Park Fence 9,000 Zelinsky Playground Renovation 165,000 Subtotal Community Development Projects $4,896,500 Total Capital Improvements $6,536,500 $6,536,500 Section 3. Debt Service Program - Planned Debt Service and related expenses for special assessment, community facilities districts, and general obligation bond issues of the Town are as previously planned: BOND ISSUE AMOUNT Linda Vista Undergrounding District 7,172 Main Street Assessment District 39,762 Pt. Tiburon Community Facilities District 130,180 Stewart Drive Assessment District 105,825 Tiburon Public Facilities Financing Authority 137,850 V ia Capistrano Assessment District 16,847 Lyford Cove Assessment District 365,899 Del Mar Valley Assessment District 276,223 Total Debt Service $1,079,758 Section 4. Redevelopment Agency Budget Plan - The following tables provide overview information for the general increment and Housing Set-Aside Funds of the Redevelopment Agency in fiscal year 2009. Redevelopment General Increment Fund: AMOUNT Revenues & Sources $ 7,500 Expendi tures 1,000 Total Operating Net $ 6,500 Page 4 of 5 Redevelopment Agency Housing Set-Aside Fund: AMOUNT Revenues & Sources $ 21,000 Expenditures 2,500 Total Operating Net $ 18,500 IT IS FURTHER RESOLVED that the Town Manager may make adjustments and activities within the budget provided that no increase or diminishment in salaries result other than that provided by the Town's Personnel System and Master Salary Program, or as authorized by the Town Council, and provided that no expenditure or encumbrance contingent on contract agreement, or other engagement requiring approval of the Town Council shall be made until such contract is first approved by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 18, 2008, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 5 of 5 RESOLUTION NO. -2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON ESTABLISHING AN APPROPRIATION LIMIT FOR FISCAL YEAR 2008-09 PURSUANT TO ARTICLE XIII B. OF THE CONSTITUTION OF THE STATE OF CALIFORNIA WHEREAS, Article XIII B. of the Constitution of the State of California provides that total annual appropriations subject to exceed the appropriations limit of such entity of government for the prior year adjusted for changes in the cost of living and population, except as provides in Artic e XIII B; and WHEREAS, pursuant to Article XIII B of the Constitution of the State of California, the Town Council of the Town of Tiburon deems it to be in the best interest of the Town of Tiburon to establish an appropriations limit for Fiscal Year 2008-09; and WHEREAS, the previously established limit for Fiscal Year 2007-08 was $6,306,780, and the State Department of Finance has determined that the 2007 Per Capita Personal Income Factor is 4.29%, and the Population Change Factor is 0.77%; the Director of Administrative Services estimates that legislated pass-through fees of the County will be $50,000; the Director of Administrative Services of the Town of Tiburon has determined that the appropriations limit in the amount of $6,677,986 shall be established for Fiscal Year 2008-09. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that an appropriations limit in the amount of $6,677,986 is established for Fiscal Year 2008-09 pursuant to Article XIII B of the Constitution of the State ofCalifomia. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 18,2008 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK RESOLUTION NO. -2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 29-2007 AND ADOPTING AN AMENDED 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 loyalty of management employees and promotes a consistently higher level of service to the public; and WHEREAS, the Town Council has updated and amended the Management Recognition and Incentive Compensation Program on several occasions, most recently in 2007 by the adoption of Resolution No. 29-2007; and WHERAS, the Town of Tiburon management positions are defined to mean the following positions: Town Manager T own Attorney Chief of Police Director of Administrative Services Director of Community Development Director of Public Works/Town Engineer NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby repeal Resolution No. 29-2007 and all predecessor versions of the Management Recognition and Incentive Compensation Program and adopts the following amended Management Recognition and Incentive Compensation Program: SECTION 1. SALARIES Effective July 1, 2008 salaries for all management positions shall be adjusted by a 3.2% cost of living adjustment. Salary ranges for applicable management positions shall be: Chief of Police Director of Administrative Services Director of Community Development Director of Public Works/Town Engineer $9,622 - $12,028 $7,741 - $9,339 $7,665 - $9,581 $9,169 - $11,461 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 Town Manager. SECTION 3. BENEFITS AND INSURANCE Effective January 1, 2009 the Town shall contribute $1,125 per month towards a management employee's fringe benefit coverage. If the full sum specified is exceeded for group insurance of a given employee, then that employee shall pay the balance of the monthly cost via a paYroll deduction from the first two paYrolls of the month. If the full sum specified is not used for the group insurance cost of a given employee, then the employee shall have the option to have an amount not to exceed $400 per month deposited into one of the Town's Deferred Compensation Plans in the employee's name. Any employee who on December 31, 2008 receives more than $400 per month "accruing fringe" shall be capped at the higher amount. Should at any time such employee fall below the grandfathered cap, the new lower amount shall become their new cap and the employee shall not be able to return to the higher figure in the future. 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 3% @ 55 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 medical/hospital insurance coverage. A qualified employee may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for medical/hospital insurance coverage. Such insurance is mandatory for covered employees unless they can demonstrate compliance with other coverage. Dental Insurance - The Town of Tiburon offers management employees and their dependents a dental plan. Such insurance is mandatory for all qualified employees unless they can demonstrate compliance with other coverage. Life Insurance - The Town 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. Page 2 Disability Insurance - The Town of Tiburon offers management employees long term disability insurance. Such insurance is optional, except for the position of Chief of Police. Long Term Care - The Town of Tiburon offers management employee a long-term care policy. Participation is optional. Deferred Compensation Plan - The Town of Tiburon offers a deferred compensation plan to management employees. Such monies deposited would become tax-deferred and would be subject to income taxation in the year they are withdrawn from the deferred compensation plan. Participation is optional. IRS Section 125 Plan - The Town of Tiburon offers management employees the ability to participate in its IRS Section 125 Plan. Participation is optional. SECTION 4. VACATION LEAVE In recognition of the fact that many top management personnel are recruited from outside the Town, that the average tenure for those management personnel is substantially more than 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 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 his/her accrued vacation leave. Maximum accumulation of vacation leave is 40 workdays. SECTION 5. VACATION LEAVE CONVERSION After one year's service with the Town, Management employees who use at least 10 working days of vacation leave, may convert into cash payment up to 50% 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 1,2001, 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 1, 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 Day After Thanksgiving 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 December 26 Fourth Thursday in November Friday after Thanksgiving December 24 December 25 December 31 When a holiday falls on a Saturday, the preceding Friday shall be observed. However, if a holiday falls on a Saturday and the preceding Friday is also a holiday, the Town Manager may designate the preceding Thursday or following Monday to observe the holiday. When a holiday falls on Sunday, the following Monday shall be observed. However, when a holiday falls on a Sunday and the following Monday is also a holiday, the Town Manager may designate the preceding Friday or following Tuesday to observe the holiday. 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. Page 4 SECTION 9. FURLOUGH All positions covered by the Resolution will be required to take a 2-day furlough. The days furloughed will be December 29 and December 30, 2008. Tiburon Town Hall will be closed from December 24, 2007 through January 1, 2008. However, employees may not suffer compensation loss. The Town will provide a one- time paid day off for the December 29, 2008 day and the employee will be required to take a vacation day for the December 30, 2008 furloughed day. Proposed Schedule: Wednesday, December 24, 2008 Thursday, December 25, 2008 Friday, December 26, 2008 Monday, December 29, 2008 Tuesday, December 30, 2008 Wednesday, December 31, 2008 Thursday, January 1, 2009 Christmas Eve Holiday Christmas Holiday Veterans Day Observance Furlough Day #1 (On Town) Furlough Day #2 (mandatory vacation day) New Years Eve Holiday New Years Holiday SECTION 10. ADMINISTRATIVE LEAVE 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 11. DINNER ALLOWANCE All management employees who live more than 10 miles from Town and who are required to attend night meetings or work after office hours beyond 7:00 P.M. may be reimbursed in an amount not to exceed $20.00 for the purchase of dinner for that night. This allowance applies to management employees who reside outside a ten-mile radius of the 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 12. TERMINATION ALLOWANCE In order to foster job security within a professional climate, management employees will be entitled to severance pay when they are terminated from Town service. However, such employee must be in the employ of the Town for at least three (3) years, and such termination is not for cause or for reasons listed in Government Code Section 19572, the Town's Personnel Rules & Regulations, Section 6, or any employee who voluntarily resigns from Town Service for personal reasons. Page 5 Unless otherwise noted in an Employment Agreement, Management employees shall be covered by the following termination allowance schedule: Service Work Weeks After: 3 years 7 years 10 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 13. 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 in accordance with the Town's Administrative Policies and Procedures and is not intended for private use. SECTION 14. TUITION REIMBURSEMENT In order to promote continued development of skills, knowledge, and abilities among management employees, the Town of Tiburon shall reimbursement the costs of tuition, books and fees at the rate of the California State University system. Employees must receive prior approval of the Town Manager and submit certified transcripts with the evidence of a grade of "C" or better from an accredited college or university and submit bona fide receipts to qualify for tuition reimbursement. SECTION 15. PROFESSIONAL MEMBERSHIP FEES Most management personnel are expected to maintain membership in appropriate professional organizations. These memberships serve to acquaint the Town with current programs and procedures in these professional areas by means of publications and specific activities. The Town will include the cost of these membership fees in the respective departmental budgets. SECTION 16. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE The Town of Tiburon will make contributions toward a retired employee's medical insurance plan based upon the following conditions: a. Employee must retire directly from employment with the Town of Tiburon and apply to PERS for retirement benefits. Page 6 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2008, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 7 RESOLUTION NO. -2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 30-2007 AND ADOPTING AN AMENDED MID-MANAGEMENT, PROFESSIONAL & CONFIDENTIAL EMPLOYEES RECOGNITION AND INCENTIVE COMPENSATION PROGRAM WHEREAS, in January 2002, the Town Council established and adopted a Mid- management Recognition and Incentive Compensation Program in order to attract and retain professional, competent and qualified employees to carry out the Town's public service mission, and WHEREAS, such a program enhances the professional growth, motivation, and loyalty of mid-management, professional and confidential employees and promotes a consistently higher level of service to the public, and WHEREAS, the Town Council has updated and amended the Mid-management Recognition and Incentive Compensation Program most recently in 2007 by the adoption of Resolution No. 30-2007; and WHEREAS, the Town of Tiburon mid-management, supervisory and confidential employees are defined to include the following positions: Assistant Planner Associate Planner Building Official Emergency Services Coordinator Police Captain Town Clerk Assistant to the Building Official Superintendent of Public Works Information Technology Coordinator Police Secretary Planning Manager NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby repeal Resolution No. 30-2007 and all predecessor versions of the Mid- Management, Profession & Confidential Employees Recognition and Incentive Compensation Program and adopts the following amended Mid-Management, Profession & Confidential Employees Recognition and Incentive Compensation Program: SECTION 1. SALARIES Effective July I, 2008 salary ranges for qualified positions shall be: Assistant Planner Associate Planner Assistant to the Building Official Building Official Superintendent of Public Works Emergency Services Coordinator $4,094 - $ 5,118 $4,550 - $ 5,687 $4,573 - $ 5,716 $6,500 - $ 8,125 $6,742 - $ 8,427 $4,357 - $ 5,446 Page 1 Information Technology Coordinator Police Captain Police Secretary Planning Manager Town Clerk $5,603 - $ 7,004 $8,179 - $10,224 $4,318 - $ 5,398 $5,460 - $ 6,825 $5,081 - $ 6,351 SECTION 2. SALARY ADJUSTMENTS The Town Manager shall submit annually to the Town Council recommended salary ranges for mid-management, professional and confidential employees. These ranges will be based upon the Compensation Policy adopted by the Town Council. Movement through the salary ranges will be based upon merit following a comprehensive written performance evaluation by the employee's supervisor. SECTION 3. BENEFITS AND INSURANCES Effective January 1,2009, the Town shall contribute $1075 per month towards a mid- management employee's fringe benefit coverage. If the full sum specified is exceeded for group insurance of a given employee, then that employee shall pay the balance of the monthly cost via a paYroll deduction from the first two paYrolls of the month. If the full sum specified is not used for the group insurance cost of a given employee, then the employee shall have the option to have an amount not to exceed $400 per month deposited into one of the Town's Deferred Compensation Plans in the employee's name. Any employee who on December 31, 2008 receives more than $400 per month "accruing fringe" shall be capped at the higher amount. Should at any time such employee fall below the grandfathered cap, the new lower amount shall become their new cap and the employee shall not be able to return to the higher figure in the future. Retirement - For Miscellaneous Members of the Public Employee's Retirement System, the Town of Tiburon shall provide 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 3% @ 55 retirement benefit, average three highest years calculation, and service credit for unused sick leave. The Town shall contribute the full employee employer retirement contributions. Medical Insurance - The Town of Tiburon offers its employees and their dependents medical/hospital insurance coverage. A qualified employee may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for medical/hospital insurance coverage. Such insurance is mandatory for covered employees unless they can demonstrate compliance with other coverage. Dental Insurance - The Town of Tiburon offers qualified employees and their dependents a dental plan. Such insurance is mandatory for all qualified employees unless they can demonstrate compliance with other coverage. Page 2 Life Insurance - The Town of Tiburon offers qualified employees a $25,000 life insurance policy. Such insurance is mandatory for all full-time employees. The Town of Tiburon offers qualified employees additional life insurance above the mandatory $25,000 policy, up to a combined total of no more than $95,000. Participation is optional. Disabilitv Insurance - The Town of Tiburon offers qualified employees long term disability insurance. Such insurance is optional, except for the position of Captain. Long Term Care - The Town of Tiburon offers covered employee a long-term care policy. Participation is optional. Deferred Compensation Plan - The Town of Tiburon offers a deferred compensation plan to qualified employees. Such monies deposited would become tax -deferred and would be subject to income taxation in the year they are withdrawn from the deferred compensation plan. Participation is optional. IRS Section 125 Plan - The Town of Tiburon offers covered employees the ability to participate in its IRS Section 125 Plan. Participation is optional. SECTION 4. VACATION LEAVE Mid-management, professional and confidential employees shall accumulate vacation time in accordance with the following vacation entitlement schedule: Service Work Days 0-5 Years 6-10 Years 11 + Years 12 Days 18 Days 20 Days Upon termination of a covered employee's service with the Town, such employee shall be paid a lump sum equivalent to his/her accrued vacation leave. Maximum accumulation of vacation leave is 35 workdays. SECTION 5. VACATION LEAVE CONVERSION After one year's service with the Town, qualified employees who use at least 10 working days of vacation leave may convert into cash payment up to 50% of the total number of vacation hours taken in a calendar year, not to exceed 10 working days. Vacation leave that is converted into cash shall be deducted from the employee's vacation leave balance Vacation leave conversion will be granted during the month of December each calendar year. Page 3 SECTION 6. SICK LEAVE Mid-management, professional and confidential employees shall be entitled to accrue one working day of sick leave for each month or major fraction thereof. Sick leave may be accrued by qualified employees without a maximum limitation. SECTION 7. SICK LEAVE PAY OFF Mid-management, professional and confidential employees hired prior to July 1,2001 may receive cash equivalent compensation of 50% of their accrued sick leave, up to a total of 60 days, if the following conditions are met: a. The employee files for a service retirement from the Town, or b. The employee voluntarily separates from the Town and has at least 15 years of service with the Town. For employees hired after July 1, 2001, in the mid-management, professional or confidential positions, they may accrue unlimited sick leave with no option for "cashback" benefits. SECTION 8. HOLIDAYS The Town 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 Day After Thanksgiving 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 December 26 Fourth Thursday in November Friday after Thanksgiving December 24 December 25 December 30 When a holiday falls on a Saturday, the preceding Friday shall be observed. However, if a holiday falls on a Saturday and the preceding Friday is also a holiday, the Town Manager may designate the preceding Thursday or following Monday to observe the holiday. When a holiday falls on Sunday, the following Monday shall be observed. However, when a holiday falls on a Sunday and the following Monday is also a holiday, the Town Manager may designate the preceding Friday or following Tuesday to observe the holiday. For mid-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 Page 4 following regular working day off. Affected employees shall provide the Town Manager with at least one week's notice as to which day they will observe as a holiday. SECTION 9. FURLOUGH All represented employees will be required to take a 2-day furlough. The days furloughed will be December 29 and December 30,2008. Tiburon Town Hall will be closed from December 24, 2007 through January 1,2008. However, employees may not suffer compensation loss. The Town will provide a one- time paid day off for the December 29, 2008 day and the employee will be required to take a vacation day for the December 30, 2008 furloughed day. Proposed Schedule: Wednesday, December 24, 2008 Thursday, December 25, 2008 Friday, December 26, 2008 Monday, December 29, 2008 Tuesday, December 30, 2008 Wednesday, December 31, 2008 Thursday, January 1, 2009 Christmas Eve Holiday Christmas Holiday Veterans Day Observance Furlough Day #1 (On Town) Furlough Day #2 (mandatory vacation day) New Years Eve Holiday New Years Holiday SECTION 1 O. ADMINISTRATIVE LEAVE In recognition of the long hours required to perform at the mid-management and professional level, including attendance at numerous meetings outside normal working hours, the following Administrative Leave policy shall be implemented. Each exempt mid-management, professional or confidential employee may receive up to ten days administrative leave annually, to be awarded at the discretion of the Town Manager. Administrative Leave shall be taken in one day increments. SECTION 11. DINNER ALLOWANCE All mid-management, professional and confidential employees who live more than 1 0 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 $20.00 for the purchase of dinner for that night. Employee reimbursement is subj ect 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. Page 5 SECTION 12. TUITION REIMBURSEMENT In order to promote continued development of skills, knowledge, and abilities among employees, the Town of Tiburon shall reimburse the costs of tuition, books and fees at the rate of the California State University system. Employees must receive prior approval of the Town Manager and submit certified transcripts with the evidence of a grade of "C" or better from an accredited college or university and submit bona fide receipts to qualify for tuition reimbursement. SECTION 13. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE The Town of Tiburon will make contributions toward a retired employee's medical insurance plan based upon the following conditions: a. Employee must retire directly from employment with the Town of Tiburon and apply to PERS for retirement benefits. b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. c. The Town's contributions rate is based on the following formula: Percent of Kaiser Single Rate Years of Consecutive Service to Town 50% 75% 100% 15 Years 20 Years 25 Years Such coverage is not extended to employee's spouse or dependents. III III III Page 6 SECTION 14. PERSONNEL RULES & REGULATIONS In the event any provisions of this Resolution contradict those included in the Town's Personnel Rules & Regulations, the terms of this Resolution shall prevail. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 7