HomeMy WebLinkAboutTC Agd pkt 2011-07-06TOWN OF TIBURON Regular Meeting
Tiburon Town Hall Tiburon Town Council
1505 Tiburon Boulevard July 6, 2011
Tiburon, CA 94920 Meeting time - 7:30 p.m.
Closed Session - 7:00 p.m.
AGENDA
TIBURON TOWN COUNCIL
CLOSED SESSION - (7:00 p.m.)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Lowenberg v. Town of Tiburon
CALL TO ORDER AND ROLL CALL
Councilmember Collins, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor
Fraser, Mayor Slavitz
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY
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.
PRESENTATIONS
• Commendation for Carol Rayner - Flower Baskets on Tiburon Boulevard
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 the June 7 special meeting (Town Clerk
Crane Iacopi)
2. Town Council Minutes - Adopt minutes of the June 15 regular meeting (Town Clerk
Crane Iacopi)
3. Town Investment Summary - Adopt report for month ending May 31, 2011 (Director of
Administrative Services Bigall)
4. Annexation Agreement - Approve future annexation agreement for property located at
4970 Ranch Road, AP No. 038-041-39; Kenneth and Charlene Ip, Owners and Applicants
(Director of Community Development Anderson)
5. FY 2011-12 Budget Resolutions/Employment Contracts - Approve and adopt the
following: a) Management compensation program resolution; b) Mid-management
compensation program resolution; c) Service Employees International Union (SEIU)
contract; d) Tiburon Police Association (TPA) contract (Director of Administrative
Services Bigall)
6. Solid Waste Ordinance - Repeal and adoption of a new Chapter 26 of the Town Code,
Ordinance Governing Solid Waste Storage, Collection and Disposal (Town Attorney
Danforth)
7. Creation of Building Code Appeals Board - a) Adopt ordinance amending Chapter 13
(Building Ordinance) of the Town Code to reference a Building Code Appeals Board; b)
rescind Resolution No. 31-2011 and adopt revised resolution creating the Tib'pron
Building Code Appeals Board (Director of Community Development Anderson)
8. Claims Ordinance - Adopt new Chapter 3B of the Town Code, Ordinance Governing
Claims against the Town (Town Attorney Danforth)
9. Sam Chapman Monument - Update on proposed monument for Sam Chapman at Point
Tiburon Plaza (Director of Community Development Anderson)
PUBLIC HEARINGS
1. Smoking Ordinance - Introduction and first reading of an ordinance repealing Title VI,
Chapter 28 (Smoking &t Tobacco Regulations) and adopting a new Title VI, Chapter 28
of the Tiburon Municipal Code (Director of Community Development Anderson)
2. 65 Reed Ranch Road Appeal - Consider appeal of Design Review Board approval of a site
plan and architectural review for construction of additions to an existing single-family
dwelling at 65 Reed Ranch Road (Planning Manager Watrous)
• AP No. 038-301-35
• James Parsons and Andrea Hong, Owners
• Jeffrey Wong, Applicant
• Dan Mihalovich, Appellant
3. Mill Valley Refuse Service - Further consideration of the proposed Mill Valley Refuse
Service rate increase (Town Manager Curran; Director of Administrative Services Bigall)
- continued from the June 15 regular meeting
TOWN COUNCIL REPORTS
Report from TAM delegate Alice Fredericks
TOWN MANAGER'S REPORT
• Marketing and Communications Task Force Interview Process
WEEKLY DIGESTS
• Town Council Weekly Digest -June 17, 2011
• Town Council Weekly Digest -June 24, 2011
• Town Council Weekly Digest - July 1, 2011
ADIOURNMENT
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) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to Make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
www.ci.tiburon.ca.us.
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 COUNCIL
MINUTES
CALL TO ORDER
Mayor Slavitz called th6- e ' 1 meeting of the Tiburon Town Council to order at 7:00 p.m.
on Wednesday, June 7, 2011, i Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS
PRESENT: EX OFFICIO:
Collins, Fraser, Fredericks, O'Donnell, Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Police Chief
Cronin, IT Coordinator Monterichard, Town Clerk
Crane Iacopi
Prior to the regular meeting, the Council met in closed session and conducted interviews, as
follows:
CLOSED SESSION - (6:45 p.m.)
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Bargaining Units: Tiburon Police Association; SEIU
Negotiators: Town Manager and Director of Administrative Services
INTERVIEWS - Pending or current vacancies on Planning Commission (I seat), Marin
Commission on Aging (I seat), Library Agency Board of Directors (1 seat)
• Barbara Selby - 7:00 p.m. (Mann Commission on Aging)
• Paul Kochis - 7:15 p.m. (Mann Commission on Aging or Library Agency Board)
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
Mayor Slavitz said that no action was taken in closed session.
DRAFT Town Council Minutes #xx -2011 June 7, 2011 Page 1
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
1. Town Council Minutes - Adopt Minutes of May 18, 2011 regular meeting (Town Clerk
Crane Iacopi)
2. Martha Company MOU - Recommendation to approve extension of the Memorandum of
Understanding (MOU) with the Martha Company (Town Attorney Danforth)
MOTION: To approve Consent Calendar items, as written.
Moved: Fredericks, seconded by Collins
'Vote: AYES: Unanimous
ACTION ITEMS
1. Blackie's Pasture Development Plan - Consider recommendations from Parks, Open
Space & Trails (POST) Commission regarding proposed improvements to the Trestle
Berm portion of Blackie's Pasture and rescission of the Blackie's Pasture Development
Plan (Director of Community Development Anderson)
Director of Community Development Anderson gave the report. He said that the Belvedere-
Tiburon Landmarks Society (BTLS) and Tiburon Peninsula Foundation (TPF) had approached
the Town with proposed improvements to portions of the Blackie's Pasture area of the
Richardson Bay Lineal Park, primarily focusing on the "trestle berm" portion of the Park.
Director Anderson said that while the proposed improvements appeared to be community-
oriented, beneficial, and consistent with current staff thinking and direction, they would not be
consistent with certain provisions of a Development Plan for Blackie's Pasture adopted by the
Town Council in 1982 and most recently revised in 1992. He said that pursuit of major elements
of this Development Plan (including the dredging of a salt marsh, grading out of the trestle berm,
and planting of a mixed hardwood forest) were long ago abandoned by the Town, however, the
1992 Development Plan technically remained "on the books." He recommended that the
inconsistencies be resolved as part of any consideration of the BTLS & TPF proposal.
Anderson said the Parks Open Space and Trails (POST) Commission had voted to rescind the
1992 Development Plan at its May 17 meeting and approved the concept of the proposed work,
pending more detailed drawings of physical improvements (other than the invasive plant removal
and basic restoration work that do not require such drawings). He said there was no apparent
financial impact to the Town, as neither organization had requested any Town funds and the
Tiburon Peninsula Foundation had $25,000 in grant funding to use for this purpose.
DRAFT Town Council Minutes #xx -2011 June 7, 2011 Page 2
Councilmember Fredericks commented that while there may be no current costs on the table for
approval by the town, she wondered if the grant funding would cover the entire scope of the
project recommended by the two organizations.
Town Manager Curran said that there was a separate, but related, line item in next year's capital
budget in the amount of $15,000 that will allow the Town to make improvements to the Blackie's
Pasture frontage area concurrent with the TPF improvements. .
Mayor Slavitz opened the hearing to public comment.
Ed Lynch, representing the Tiburon Peninsula Foundation, said their organization had received
an unsolicited [$25,000] grant from the Rocky Fund, through the Marin Community Foundation.
He said the funds had been earmarked for use in the Blackie's Pasture area over the next two
years. Lynch said that they had agreed that the non-native vegetation should be removed first,
and that after this part of the "clean up" of the area was completed, they could work with staff to
come up with a longer-range plan.
In response to a question from Vice Mayor Fraser, Mr. Lynch said that the first phase (vegetation
removal) should be complete by this summer. Mayor Slavitz said it would be nice to be able to
see the trestle berm again.
Scott Durkee, resident, asked if the Blackie's Pasture Development Plan under consideration for
rescission would be replaced by another plan.
Director Anderson said that there were new policies that governed use of the area that had been
adopted by the Town's General Plan and Zoning Ordinance. He said the older ideas were not
consistent with the "passive recreational use" outlined in the Town's General Plan.
Mayor Slavitz closed the public hearing.
Council concurred with the concept of making improvements in the area. Vice Mayor Fraser
added that it seemed consistent with the spirit of "revitalizing" Tiburon.
MOTION: To approve the POST recommendation to rescind the 1992 Blackie's Pasture
Development Plan, and to approve in concept the BTLS & TPF proposal for
clean-up and improvements (Phase 1 work) to the trestle mound area of Blackie's
Pasture, subject to issuance of an Encroachment Permit from the Public Works
Department and permits required by other agencies (if any).
Moved: Fredericks, seconded by Collins
Vote: AYES: Unanimous
DRAFT Town Council Minutes #xx -2011 June 7, 2011 Page 3
2. Lyford Drive Multi-Modal Parking Lot Project - Review and consider for Land Use
and Zoning Permit approval the site plan and architectural drawings for the project located near the
southeast corner of Lyford Drive and Tiburon Boulevard; consider adoption of Mitigated Negative
Declaration - AP No. 060-061-15 and adjoining State Highway right-of-way. (Director of Public
Works/Town Engineer Nguyen /Director of Community Development Anderson)
Town Manager Curran said that Director of Public Works/Town Engineer Nguyen would present
an overview of the project, including an alternative to the current plan, followed by an
environmental review by the Director of Community Development.
Director Nguyen said that improvements to the Lyford Drive parking area had first been
considered by the Council in 1997 but no plans were developed at that time. He said the idea was
raised again in 2008 by Councilmember Collins and had gone through a process of development
and review since that time. The four objectives or goals of the project, according to Nguyen, were
a) traffic control and safety; b) beautification of the area; c) multi-modal transportation features;
and d) parking management.
The Director described the project as a paved parking lot for 45-55 cars. He showed slides of an
artist's rendering of what the project would look like both from Tiburon Boulevard and the multi-
use path below. He said what was visible from the multi-use path would be a retaining wall, a
fence on top of that, with a parking lot between the fence and Tiburon Boulevard. He said there
was a minimum five-foot setback between the path and the wall. Nguyen also showed some
slides of other areas along the multi-use path where vegetation and fences "encroached" up to the
multi-use path, by way of example.
Director Nguyen showed a schematic drawing of the parking lot and parking configuration (a
double row of diagonal parking) which would have areas for planting, as well as street lights. He
said that there was vegetative and bio-swale drainage to accommodate run-off from the lot.
The Director presented an alternative design which consisted of one diagonal of parking (rather
than two), along with a parallel parking lane, that would contain approximately 46 instead of 50
spaces which would result in a significantly wider setback between the wall and multi-use path
(from a 5 foot minimum setback to 12 - 19 feet). In the alternative plan, the wall height would
range from 7 feet to 4 feet, according to Nguyen. He noted that the alternative plan was estimated
to be somewhat less expensive to build than the first plan.
Councilmember Fredericks asked about the "per space" cost of the two plans. Town Manager
Curran said she thought the alternative would be approximately $24,000 per space versus
$27,000 per space of the original plan. Curran later refined those numbers to state that, after
eliminating the cost of the undergrounding from the project, one lane of parking would result in a
per space cost of $34,560, the one diagonal and one parallel configuration results in $24,100 per
space, and two diagonal rows of parking would produce a $21,280 per space cost.
DRAFT Town Council Minutes #xx -2011 June 7, 2011 Page 4
The Town Manager also noted that the Town did not yet have a firm estimate for the revised
project that had just been presented, so the per space cost estimate provided for that configuration
was an approximate one.
Mayor Slavitz asked about possible impacts from the lights in the parking lot. Director Nguyen
said that while the lights were required for safety, they would be only be 12 feet tall, with down-
casting light, and the bulbs would be under bell-shaped housings, and not visible. He said any
final lighting plan would have to be consistent with Cal/Trans regulations since the parking lot
was in Cal/Trans' right of way. He said the Town was still in the process of negotiating a
maintenance agreement with Cal/Trans.
Councilmember Collins asked if the lot would have to be lit all night if overnight parking was not
allowed (current regulations). Director Nguyen said the lights could possibly be put on timers.
Town Manager Curran said that while everyone wanted a minimum of lighting, the Town
envisioned a lot used by ferry and other commuters, and she said it would have to be safety lit
after dark. She said that bollard-style lighting would not be possible because the light would be
blocked by the parked cars. The Town Manager also pointed out that the light fixtures would not
be located close to anyone's home.
In response to a question about the $314,000 grant received by the Town from the Congestion
Management Agency (TAM), Director Nguyen said that multi-modal transportation features had
to be built into the project as a condition of the grant funding. He said this would include a
widened sidewalk, bus stop, bus shelter, bike racks, and accessible connection to the multi-use
path. He said a multi-modal project strives to promote connection between car, foot, and other
forms of transportation and that the Lyford Parking lot was indeed a small transportation "hub".
Director of Community Development presented his report. He said that on April 20, 2011, the
Town Council adopted Ordinance No. 527 N.S., establishing review and decision-making
procedures for this project. Anderson said the ordinance exempted the project from provisions of
the Zoning Ordinance but required the Town Council to review the site plan and architectural
drawings for the project at a public meeting prior to any approval. According to the Director,
approval of the site plan and architectural drawings for the project in no way obligates the Town
Council to proceed with the project, but would satisfy the land use permit approval and
environmental review obligations associated with doing so.
Director Anderson gave a detailed summary of the project history and its review by the Council.
He said the project appears, on balance, to be consistent with applicable goals and policies of the
Tiburon General Plan, including the Circulation Element of the General Plan, as well as Design
Review guiding principles.
Anderson said that an initial study of the project had been issued and the comment period closed
in April, 2011. He said the study concluded that any environmental impacts from the project
would be less than significant with the agreed-upon mitigation measures, and that the Town had
received no substantial evidence to support a fair argument that a significant effect on the
DRAFT Town Council Minutes #.xx -2011 June 7, 2011 Page 5
environment would occur. He said the Town had received more letters regarding the project after
the close of the comment period, expressing concern over visibility, proximity, and height, and
that an ad-hoc committee of the Town Council, along with staff, had met with Belvedere officials
and neighbors to discuss these concerns. He said these meetings had resulted in a reduced version
of the plan, as described by the Director of Public Works. He said that additional options were
considered, including reducing the parking to a single row, and moving the location of the multi-
use path further away from the proposed retaining wall.
Director Anderson concluded with a recommendation for the Council to take public testimony on
the matter, and after deliberation on the merits of the project, consider adoption of a resolution
approving the project alternative and draft negative declaration.
Council began its deliberations on the project.
Councilmember Collins said that ever since he had served on the Planning Commission, he was
concerned about the lack of safety from cars entering and exiting the existing unpaved parking lot
at Lyford Drive. He said this was an opportunity to make it better and safer for both Tiburon and
Belvedere residents. He said he heard the concerns about the retaining wall being very high, so he
said the Council subcommittee (of which he was a member) had worked to come up with an
alternative plan that was equal or better to the initial plan.
Councilmember (and committee member) O'Donnell agreed that it would be beneficial to clean
up the parking area and make it better; he said that CalTrans had certain regulations which led to
the design of the retaining wall. O'Donnell concurred that that people engaged in unsafe parking
practices at present, with cars backing out into traffic on Tiburon Boulevard, and making unsafe
U-turns, etc. He said that the Town had received grant funding to help with the improvements
and that this project was a good use of these funds. O'Donnell said that in addition to addressing
the safety issues, it would be beneficial to create as much parking as possible for residents and
people who want to use the multi-use path (MUP). He noted that the only other public parking
adjacent to the MUP is at Blackie's Pasture.
Councilmember O'Donnell said that he and Councilmember Collins held two meetings with
residents of Lagoon Road in Belvedere, and had worked out what he described as a fair
compromise, changing one diagonal row of parking to be parallel, and had solved the issues of
headlights shining in that direction; also, that they retaining wall had been moved and lowered to
seven feet, and that set back from the MUP would be 12 to 19 feet. He said the wall could be
easily screened by vegetation. He said that the end result would be a much improved area, with
utility poles coming down, and a project worthy of the Town.
Mayor Slavitz opened the public hearing.
The following people spoke:
• Jeff Clark, Lyford Drive resident, said the biggest issue for people living at his complex
was commercial parking; said that the Town had adopted a no-parking zone for
DRAFT Town Council Minutes #xx -2011 June 7, 2011 Page 6
commercial vehicles on his complex's side of the boulevard, and he said they were
concerned that commercial vehicles would be forced to come back to that side during
construction of the proposed lot and afterwards, particularly if that type of vehicle parking
was not allowed or accommodated in the new project; he also said the revised plan
seemed more aesthetically pleasing than the original plan before the Council.
[Mayor Slavitz noted that there was only parking in the alterative plan for two oversize
vehicles; Councilmember O'Donnell commented that a policy would have to be developed
concerning commercial parking, and that it was hoped that commercial parking would go to
the paid lots downtown.]
Elizabeth Burke, 4 Lyford Drive, asked if the Council had received the petitions
submitted from residents at 2 and 4 Lyford Drive (the Council affirmed that they had).
She, too, spoke in favor of continuing the prohibition of commercial vehicle parking on
her side of the street because she said they leave piles of dirt, start their engines at 4 or 5
a.m., and leave their engines running while parked there. She asked about the height of
the retaining wall [Director Nguyen said that the parking lot would be below grade and
not block views] and lighting [he said it would be downward lighting].
• Helene Denebeim, San Rafael Avenue resident, said that trucks and commercial vehicles
needed to park somewhere and said the Council should address the issue, not ignore it;
• Art Kern, Lagoon Road resident, representing the Lagoon Road "contingent," said that the
alternate plan seemed like a pretty good compromise and he thanked the Council for its
consideration of their concerns; said that at least for now, "we're for it," but said that it
would be beneficial to add landscaping and greenery, because it was a community project.
• A lady in the audience asked to look at the alternate plan; [Town Manager Curran said
that it was Exhibit 14 in the Council packet; Mayor Slavitz said that actual schematic
drawings would be forthcoming.]
• Roberta Williamson, Red Hill Circle, asked for a "bottom line" on the project; [Town
Manager Curran said the alternate had less paved surface, a lower wall, and was
somewhat less expensive, etc. Director Nguyen added that the new plans would be
available for review at the public counters at Town Hall after it was developed].
• Another resident asked about the hours of parking at the existing lot;
[Chief Cronin said that overnight parking was prohibited (between the hours of 2 and 6 a.m.)
and was posted at the existing lot.]
• A resident asked if story poles would be erected for the alternative project; [Mayor Slavitz
said, probably not] and whether the elevation of the wall would be the same [Director
DRAFT Town Council Minutes #.xx -2011 June 7, 2011 Page 7
[Director Nguyen said yes, but that it would just be moved back up the slope and thus was
lower in height];
• Jennifer Hall, Peninsula Road, Belvedere, said she was a big user of the MUP and that she
was pleased to hear about the alternate plan; said she would like the project to have a
"bucolic look" and that people would be interested in contributing to this aspect of the
proj ect;
• Kathy Niggman, 70 Lagoon Road, said she was most impacted by the project because she
had a large patio on Lagoon Road and she was concerned about cars looking into the
rooms in her home; said she wanted screening at the parking lot and retaining wall.
Councilmember O'Donnell said that the Town had opened discussions concerning screening of
the MUP with City of Belvedere officials, as well.
Mayor Slavitz closed the public hearing.
Councilmember Fredericks said it was a great project. She said that safety was paramount but
that it also provided a multi-modal transportation hub (for ferry parking, for instance). She said
that the subcommittee, with the input of residents, had come up with the best solution for all, and
that everyone deserved recognition for their involvement with the process.
Fredericks said that she still had concerns about the cost of the project, in addition to the
escalating costs of the Ned's Way [Recreation building] project, which is a priority to the
community. She said she was not entirely comfortable with approval of the project and asked
staff to keep addressing concerns regarding escalating costs; she added that she was also
uncomfortable that there was no exit strategy for these projects.
Town Manager Curran said that the decision before the Council tonight was to approve a project
design and mitigated negative declaration; she said that the project would still have to go out to
bid and that this would most likely happen sometime after the Del Mar Undergrounding and
Ned's Way projects. At that juncture, she said the award of bid would come back to the Council
for final action.
Curran also addressed the issue of oversize vehicle parking by stating that the project drawings
were not complete and that more oversize spaces could be added before they plans were finalized
or at any point in the future if desired.
Vice Mayor Fraser applauded a job well done by the ad hoc subcommittee in coming up with an
alternate plan. He agreed that the safety aspect of the project was important. He described the
parking in the Reed School area as "dangerous and treacherous" which could be made safer by
the project. He also applauded the work of staff and said that the proper findings had been made
and that he could support the project on its merits.
DRAFT Town Council Minutes #xx -2011 June 7, 2011 Page 8
Mayor Slavitz echoed these remarks. He said it was unfortunate that the story poles had been
erected so late in the process but said that through cooperation and hard work, a better solution
had been arrived at. He said that it would be helpful to minimize lighting in the project, and that
the Town needed the cooperation of the City of Belvedere and neighbors in finding a solution for
contractor parking, as well as landscaping features for the project.
Councilmember O'Donnell said that the project was consistent with the goal of a more vibrant, as
well as aesthetically pleasing, downtown. He said that the Town could not make a lot of parking
in the downtown area because the parking was controlled by private property owners, however,
he noted that the Lyford Drive parking area was one area that could be affected by the Town.
In addressing the issue of cost, he said the Town would be financially foolish if it moved ahead
with this project before the Del Mar Undergrounding and Jt. Recreation projects were approved
and funded. He noted that the Council would not give its final go-ahead to this [Lyford] project
until January 2012.
Councilmember Collins said he would still like to see this project come to fruition. He raised a
final question as to whether standards for noise and construction would be addressed in the
parking lot project; Director Anderson said that construction noise hours are already limited by
law (Town Code). Director Nguyen added that working hours for construction would be limited
to 8 AM to 5 PM Monday through Friday.
MOTION: To adopt a resolution approving site plan and architectural drawings [for the
alternate project, as presented] and adopting a mitigated negative declaration and
mitigation monitoring program for the Lyford Drive Multi-modal Parking Lot
project on property at Lyford Drive and Tiburon Boulevard.
Moved: O'Donnell, seconded by Collins
Vote: AYES: Unanimous
PUBLIC HEARINGS
1. FY 2011-12 Municipal Budget - Introduction and adoption of Municipal Budget for fiscal
year ending June 30, 2012 (Director of Administrative Services Bigall)
Director of Administrative Services Bigall gave the report. She said the Town, while
experiencing a downturn in revenues ($1.2 million since 2007-08) from declining property taxes
and investment earnings, had stayed well ahead of the recession in its financial planning. She said
that in 2009-10, the Town had taken steps to freeze benefit levels for employees, as well as to
freeze positions in the Police Department and not fill other positions when employees left the
Town. She presented a balanced operating budget for fiscal year 2011-12 in the amount of
$8,558,731.
DRAFT Town Council Minutes #xx -2011 June 7, 2011 Page 9
Bigall said the balanced budget had been achieved by requiring employees to pay their share of
PERS contributions, eliminating the cash-out of unused vacation leave at year end, funding the
capital equipment budget at 80%, capping sick leave accruals, and requiring department heads to
make no increases in their materials and supply budgets.
The Director said that to backfill the loss of COPS revenue (in the state budget), staff and the
budget committee of the Council proposed using 50% of the gas tax revenues to fund public
works and engineering projects, along with street impact funds.
Mayor Slavitz asked if this would have an affect on other parts of the budget.
Ms. Bigall said that while this represented $80,000 taking out of the streets rehabilitation project
fund, the alternative would be to take the funds out of reserves. She said that Town staff did not
assume that the COPS funding would be received this year, but if it was, she noted that other
funding would not have to be used to backfill the loss of this revenue.
Director Bigall reviewed expenditure by department, stating that the Town was & "service-
driven" operation. She said that the Town through its fiscal management had avoided laying off
additional personnel to balance the budget.
Director of Public Works/Town Engineer Nguyen reviewed the Capital Improvements Budget for
FY 2011-12. With regard to street rehabilitation, Nguyen said that there was no more funding for
"failed streets" in the budget, but that the streets in the Del Mar neighborhood would be paved in
2012-13, following completion of the undergrounding.
Mayor Slavitz asked if this funding reduction would allow the Town to maintain its PCI. Director
Nguyen said that it would remain at 73% in the near term, and that after paving Del Mar, it would
probably go above 73%. He did recommend reinvesting funds in street rehabilitation on an
annual basis, over time.
Director Nguyen described plans for a storm drain master plan and line flushing, plus repairs in
the amount of $215,000. He also described the community projects during the last fiscal year and
coming fiscal year.
Town Manager described seven projects related to the Downtown Vibrancy Project in the Capital
Improvement Budget and asked for Council consensus to proceed. The addition of restrooms at
the Donahue Building raised some questions from Council, but Vice Mayor Fraser said that the
downtown restrooms needed to be upgraded and the Council needed to look at where to locate an
additional restroom downtown, but that was not under discussion tonight. It was recommended
that the stated location (Donahue Building) be removed from the budget document and that the
location be left open at this time. .
In looking at the bigger picture, Vice Mayor Fraser asked how it would be possible for the Town
to get back to a position of being able to contribute to its reserves and build up a surplus. Director
DRAFT Town Council Minutes #xx -2011 June 7, 2011 Page 10
Bigall said that there were many restricted funds that were continuing revenue streams, like gas
tax revenues. However, she agreed that the Town needed to prioritize its budget for capital
projects because it would not be able to spend at the current level ($3 million in the current
budget) every year.
Vice Mayor Fraser noted that the Town was "blessed" to have such good reserves.
Councilmember O'Donnell noted that the reserves represented more than 100% of the Town's
operating budget, the highest in Marin County.
Councilmember Fredericks agreed that it was important to look at funding future reserves, and
suggested perhaps establishing a "floor" to spending them down.
Mayor Slavitz said that it was important to find a middle ground but the fact that the Town was
able to spend $3 million dollars on capital improvement projects in the current economy was
remarkable.
Mayor Slavitz opened the public hearing. There was no public comment.
Mayor Slavitz closed the public hearing.
MOTION: To approve resolutions: a) approving the FY 2011-12 Budget, and b) adopting the
Gann Act Limit for FY 2011-12.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Unanimous
TOWN COUNCIL REPORTS
Councilmember reported on a League Board meeting discussion of the SCS (Sustainable
Communities Strategies) process and its the impacts on the Town of Tiburon. She said that the
Director of Community Development had written a letter to MTC in support of receiving
regional transportation funding for Marin County, noting that even though it is 84% open space,
it provides farm to market economies, and the protection of agricultural lands also contributes to
carbon emission reductions. She said that while providing housing along transportation corridors
was a stated (SCS) goal, it really was a "one trick pony" because the emergence of Marin Clean
Energy, the use of electric vehicles, and other programs in the county, were also important to the
process.
TOWN MANAGER'S REPORT
None.
DRAFT Town Council Minutes #xx -2011 June 7, 2011 Page 11
WEEKLY DIGESTS
• Town Council Weekly Digest -May 20, 2011
• Town Council Weekly Digest -May 27, 2011
• Town Council Weekly Digest -June 3, 2011
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz
adjourned the meeting at 10:13 p.m.
JEFF SLAVITZ, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT Town Council Minutes #xx -2011 June 7, 2011 Page 12
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Slavitz cared the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesdays `June 15, 2011, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California. '
ROLL CALL
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Fraser, Fredericks, O'Donnell, Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Police Chief
Cronin, IT Coordinator Monterichard, Town Clerk
Crane Iacopi
Prior to the regular meeting, the Council met in closed session, beginning at 7:15 p.m., to discuss
the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Lowenberg v. Town of Tiburon
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
Mayor Slavitz said that no action was taken in closed session.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
1. Town Council Election - Adopt resolutions pertaining to November 8, 2011 municipal
election for the purpose of electing two council members (Town Clerk Crane Iacopi)
s DRAFT
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page I
2. Community Development Block Grant - Authorize renewal of three-year agreement
with County of Marin (Director of Community Development Anderson)
3. 600 Ned's Way Recreation Facility project - Reject all construction bids and authorize
staff to revise the project specifications and re-bid the project (Director of Public
Works/Town Engineer Nguyen)
MOTION: To approve Consent Calendar item Nos. 1 through 3, as written.
Moved: Collins, seconded by Fraser
Vote: AYES: Unanimous
ACTION ITEMS
1. Appointments to Boards, Commissions and Committees - Consider appointments to fill
vacancies on the Marin Commission on Aging (Town representative to the Board),
Belvedere-Tiburon Library Agency Board of Directors (Tiburon trustee), and Tiburon
Planning Commission (one seat) (Town Clerk Crane Iacopi) P
The Town Clerk made a brief report concerning the vacancies. There were no Council questions or
public comment.
MOTION: To appoint Lou Weller to the Planning Commission.
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
MOTION: To reappoint Allan Bortel to the Marin Commission on Aging.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
MOTION: To appoint Ric Postle to the Library Board.
Moved: Fredericks, seconded by Collins
Vote: AYES: Unanimous
The Council asked the Town Clerk to express their thanks to the other candidates for their
interest.
PUBLIC HEARINGS
1. Cypress Hollow Landscaping and Lighting District (LLD) - Conduct protest hearing
and consider adoption of a resolution adopting an assessment for continuation of the
district in fiscal year 2011-12 (Director of Administrative Services Bigall)
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Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 2
In her report, Director Bigall said that the proposed assessment was for the continuation of the
LLD and that it had not been increased since 1990. Bigall also said that the Town had not
received any inquiries, or protests, in response to its mail notification of the assessment.
In response to a question from Vice Mayor Fraser about the fund balance, Director Bigall said
that the assessments received were placed in a restricted fund which continued to build in value.
She said that the Town had spent $50,000 last year on improvements in the district.
Mayor Slavitz opened the public hearing. There was no public comment.
Mayor Slavitz closed the public hearing.
MOTION: To approve the resolution adopting the Cypress Hollow LLD assessment for FY
2011-12.
Moved: Collins, seconded by Fredericks
Vote: AYES: Unanimous
2. Mill Valley Refuse Service - Consider actions related to the proposed Mill Valley Refuse
Service rate increase, renewal of franchise agreement, and adoption of a new Chapter 26,
Ordinance Governing Solid Waste Storage, Collection and Disposal (Town Manager
Curran; Town Attorney Danforth; Director of Administrative Services Bigall)
A. Renewal of Franchise Agreement
B. Rate Increase
C. Adopt new Solid Waste Ordinance (Repeal and adopt new Chapter 26 of the
Town Code) - introduction and first reading of ordinance
A. Renewal of Franchise Agreement
Town Attorney Danforth said that the Town had experienced more than 45 years of excellent
service and competitive rates with Mill Valley Refuse Service. She said that negotiations on the
renewal of the franchise agreement had been underway for over two years, and that a council
subcommittee, comprised of Council members Collins and O'Donnell, as well as outside
counsel, John Abaci, had assisted Town staff members Danforth, Curran and Bigall in the
negotiations.
Ms. Danforth said that while the franchise agreement did not set rates, it did contain formulas for
services and setting rates in future. She said the Agreement categorized the cost of various
services as pass-through, allowable and non-allowable costs.
Danforth outlined two notable changes in the agreement from the existing contract:
--A change in the collection start times from 5 a.m. to 6 a.m.
--A franchise fee charge on debris boxes (not currently under franchise).
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Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 3
She said the overall increase in franchise fees of 15.5% was offset by eliminating the Town's
existing Road Impact Fee, resulting in an actual net increase of fees of only 2%.
Danforth said that folding in the road impact fee made it easier to adjust the fees in future.
Councilmember O'Donnell added that it also helped offset the cost of other services provided to
the Town, such as street sweeping.
Danforth said that under the agreement, the rates charged by MVRS would increase every three
years based on audited financial statements, and would automatically increase two out of the
three years based on CPI.
Council asked questions about what was included in the contract (it was noted that the new food
waste program is included in the "green waste" program), the nature of the evergreen clause, and
the proposed 10% mark-up by Mill Valley Refuse.
Town Attorney Danforth said that an evergreen clause means that a contract automatically
renews every year; she said that the proposed contract did not have an evergreen} clause. The
contract had a term of 10 years with two five-year renewals that would take effect automatically
unless the Town, in its sole discretion, gave notice of non-renewal.
Attorney John Abaci said that the contract allowed Mill Valley Refuse to impose a 10% mark-up
on its allowable costs (e.g. solid waste pick-up). He said that the percentage was a well-accepted
industry standard and that the independent auditor had determined that the profit return was
actually much lower. He said the percentage method used in the contract was preferable to the
more all-compassing language, such as "a fair return".
Mayor Slavitz and Vice Mayor Fraser questioned a 10% return and whether the industry standard
was nation-wide or based on county-wide, or more local, standards. Mr. Abaci said it was based
on Bay Area and surrounding area standards.
Vice Mayor Fraser asked why the contract had not gone out to competitive bid. (It was noted that
there were four other garbage haulers in the County of Marin.)
Town Manager Curran said that the Town had considered doing so. However, she said that
because the Town had such a long, successful history with Mill Valley Refuse, and because the
community was considered a "high service" community, staff felt that it was not worth risking a
loss of level of service and long adjustment period, and risking possible higher increases in fees,
with a bid process. She said it was within the Town's legal rights not to bid out the contract,
noting this had been the direction staff was openly pursuing with Council concurrence for several
years now.
B. Rate Increase.
Director of Administrative Services Bigall gave the report. She said that in early May, the cities
under contract to Mill Valley Refuse Service had met to review and discuss the rate application.
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Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 4
She said the consensus was that the requested increase was justified. She said the application
listed estimated losses in revenue to MVRS, based on such factors as customers migrating from
35-gallon to 20-gallon cans due to increased recycling, a hike in worker's compensation
insurance rates, increases in fuel (diesel) prices, and increases to dump fees. She said all these
increases are passed on to the rate payers, resulting in an increase of over 15%.
Ms. Bigall said that the 15.88% increase translated into a $4.31 per month increase for a Tiburon
customer on the flat lands, and a $5.72 per month increase for a hill customer. Ms. Bigall
acknowledged that double-digit increases were difficult in the current economy, and that this was
a significant increase. However, she noted that other communities, such as San Anselmo, faced a
31 % increase from their carrier, Central Marin Sanitary. She said the listed costs were driving
rate increases by the other carriers, as well.
On the other hand, Bigall noted that the new franchise agreement, if approved, would generate
$105,000 in revenue for the Town. (Town Manager Curran added that this represented an overall
increase of 2% to the franchise fees.) Bigall said that $20,000 of that amount would be generated
by debris box fees, which formerly were not subject to the agreement. She recorpmended
adoption of the rate increase, as proposed.
Mayor Slavitz asked if the proposed rate increase would allow MVRS to achieve its 10% return.
Ms. Bigall affirmed this and also noted that the company had operated at a loss over the past
year.
Vice Mayor Fraser said that in his experience, any company would be ecstatic to have a
guaranteed 10% return. Councilmember O'Donnell expressed concern that the rate of return
would be set by contract for such a long period of time, in his opinion, for 20 years.
Mr. Abaci said that other methods of determining rates were explored by the negotiating team,
but that it kept coming back to the industry standard, and having a formula to apply to allowable
and non-allowable costs. He said this method was better than the existing contract, and more
advantageous to the Town.
Vice Mayor Fraser said that "industry standard" was "an umbrella that was fraught with risk and
puts the consumer at the other end of paying the bills".
Mr. Abaci said that the method preferred by the company (MVRS) was to base the rate of return
on an operating margin. He said it was his belief that the Town was not going to get a better deal
than the one before the Council.
Jim Iavarone, Mill Valley Refuse Service, clarified that "we're not pocketing 10%". He said it
represented the mark-up, not profit, that pays for the non-allowable costs and that the company
takes what's left over. He said that historically the company's profit is more like 3%.
DRAFT
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 5
Mayor Slavitz said that while the Town really did appreciate the service provided by Mill Valley
Refuse, he had to also wear his "consumer hat" and ask the tough questions concerning escalating
costs. He asked what percentage of operating expenses were allowable costs. The answer
received was 90 to 92%.
Examples of non-allowable costs, according to Iavarone, were the company's administrative fees,
and services provided to the town, not subject to rate increases, such as the debris box pick-ups
for the cattail removal in the Railroad marsh, and public garbage/recycling can pick-ups and
town-owned building garbage/recycling pick-ups.
Councilmember O'Donnell challenged how the cost increases were detailed in the MVRS
newsletter that was sent to customers. He said the overall costs were not attributable solely to
Tiburon, but were touted as such. He said the costs associated with fuel prices were completely
misleading, basing his information on the fact that he owned a trucking company.
Mr. Iavarone said that the rate applications were due on April 1 and that the information in the
newsletter was based on existing conditions at that time; he said the newsletter Vas written "in
general" for all its customers.
Vice Mayor Fraser suggested that the garbage industry may have to re-invent itself, like other
companies, to adjust to market changes. He said that a chart provided to him by Town staff
showed a cumulative rate increase of 73 % and a compounded rate increase of 103 % over 10
years. Fraser said he understood that it was a capital-intensive business that required planning
ahead but he questioned a guaranteed margin over such a long period (of the contract). He asked
what steps the company was taking to cut costs and whether it had considered other ideas, such as
consolidation with other carriers.
In his response, Mr. Iavarone said that one thing the company could not do was reduce its service
to its customers. He said that there were many factors that drove the business over which the
company had no control, such as increasing and changing regulations. He said that since the
adoption of AB 939 in 1995, a bill that set mandatory levels of waste reduction to the landfills,
more workers were required to do the recycling and composting portion of the business in
addition to garbage workers. He said that dump fees continued to escalate but that MVRS had
negotiated a good contract with Redwood Sanitary.
Councilmember O'Donnell also expressed concerns about the information presented in the rate
application, notably, the profit and loss statement. He noted several apparent discrepancies in
Mill Valley Refuse's depiction of its operational costs, finding the overall reports to be
misleading. He also questioned how the estimated numbers could be the same as the actual
numbers for the previous year.
Discussion continued between Mr. O'Donnell, Mr. Iavarone, MVRS Finance Manager Jennifer
Dami and other Mill Valley Refuse personnel. In the end, the Council concluded that a more
detailed review of the numbers presented would be beneficial.
DRAFT
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 6
Town Manager Curran noted that every few years, the company underwent an independent audit,
at the behest of the cities. She said the last one was conducted in 2009 and the next one was set
for 2012. She said that would be a good time to delve into the financial information in more
detail. She said the independent auditor concluded that a 13% rate increase was warranted last
year, however, the company only raised its rates by 3.1 She also noted that the average
increase over 10 years had been 3.79%, which was more along the lines of what the customers
might expect over time. She said that another factor that had driven up prices during the past year
was the introduction and implementation of the food waste recycling program. She concurred
with the comment by MVRS that this had the unintended consequence of driving some customers
to a smaller garbage can and reduced rates.
C. Adopt New Solid Waste Ordinance.
Town Attorney Danforth said the Town's ordinance had been adopted in 1965 and required updating
to comply with current law. She recommended adoption of a new Chapter 16 of the Town Code,
following a public hearing and first reading of the ordinance.
Mayor Slavitz opened the public hearing on Items A, B and C.
George Landau, 38-year resident and MVRS customer, praised the company's service but said
that "only in American do we use less and pay more." He said that while he was not sure what the
answer was, perhaps the company could look at staggered routes or less frequent trips, in order to
cut costs.
Mr. Iavarone said that state law required garbage to be picked up once a week and in order to
reduce pick-ups, the law would have to change. However, he said that if the food waste program
became more successful, this might reduce the number or frequency of garbage pick-ups.
Steven Gold, Mt. Tiburon Road, said that he hoped the Council would tie the percentage increase
to some index (a "garbage index" suggested by Councilmember O'Donnell, or some other index).
He said his primary concern in attending the hearing was noise. He said noise from the garbage
trucks could be heard all over the valley in which he lived, and he asked why the trucks could not
start their routes at 7 a.m., like other construction, for instance. He said that four or five drivers
disturbed thousands of people; that the costs to residents was phenomenal, and that he paid a lot
of money to live here and that he did not want to see garbage men so early in the morning. He
said that there might be a referendum on this subject.
Mr. Iavarone said that garbage workers had started early in the morning from the beginning of
time. He said that having heavy trucks sitting in traffic [at a later start time] would add to fuel
costs. He also said that while there used to be one truck per route, there were now three trucks
because of recycling services.
DRAFT
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 7
Mayor Slavitz asked Mr. Iavarone if he objected to a later start time in the contract. Mr. Iavarone
said that the company did not receive many complaints from its 14,000 customers about the early
start time. On the other hand, he gave an example of adjusting the start on Christmas Tree Hill (in
Corte Madera) and receiving complaints from customers that the later start time resulted in trucks
blocking the roads [during commute or school traffic times].
In answer to the Mayor's question, Iavarone said that starting one hour later probably would not
impact their operations, but delaying the pick-ups by two or more hours would certainly
contribute to operating costs going up.
In response to a question from the Vice Mayor, Mr. Iavarone said that the trucks were finished
with their routes and out of town by 11 a.m. or 12 noon.
Mayor Slavitz noted that "tailored rates" had also been a topic of discussion with the company.
Councilmember O'Donnell echoed this remark and said that the company had promised to
provide a new route plan in an effort to cut costs.
Mr. Iavarone said that it takes a couple of years to evaluate trends and the effects of programs
like recycling, green waste, etc. on routes. However, he said that they were working with a
company that provides routing software and that there was a possibility of dropping a route by
year end.
Councilmember O'Donnell also said that during negotiations, there was a discussion about
reducing costs if people brought their garbage out to the street, for instance, establishing curbside
versus backyard rates. Councilmember Collins commented that it was a net zero gain; that it
merely shifted rates around.
Councilmember Fredericks said that there were lots of older people in the community who
simply could not move their cans around like that. However, she said she liked the idea of
incentives.
The Mayor asked when the commercial food waste program might start. Mr. Iavarone said that
the sewer district in Marin would have the capacity for the program by the summer of 2012, but
that it would require a special truck and there were additional sorting issues that would be labor-
intensive.
Council asked a few more questions about the profits earned by Mill Valley Refuse over the past
few years. A company representative said that they were 2.3%, 2.3%, and 3%.
Mayor Slavitz closed the public hearing.
Councilmember Fredericks said that the negotiations had been delegated to a subcommittee of
the Council and she was satisfied with the work of the committee. She said the company had to
be able to plan for its long-term capital expenditures, and she did not have an issue with the
DRAFT
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 8
forecast numbers which were audited by a CPA and were due much earlier than the contract
negotiations. She said that there might be a benefit to a later audit of the information MVRS
would bring back to Council.
Fredericks said that the issue of bidding the contract was one that should be discussed separately
by the Council in order to determine whether the costs were justified for the Town to undertake
such a process.
Vice Mayor Fraser reiterated that the community appreciated the stellar service provided by
MVRS, however he said he was troubled by a 20-year contract which was far too long, especially
with a 10% margin on 92% of the company's costs. He asked whether there might be a way to
shorten the contract or re-evaluate it in 36 months, or so. Fraser also asked the company to
continue to evaluate its practices and look for opportunities to cut costs, such as using natural
gas, or perhaps instituting a central pick-up location.
Councilmember O'Donnell, member of the negotiating committee, said that while it was a good
contract in many respects, he was not happy with everything in it, including its l9ng-term
component. He said he would have liked to tie the rates to a CPI or garbage rate index, but on the
other hand, he said that the Town received a lot of extra services and benefits in the contract.
With regard to the rate increase, Councilmember O'Donnell said the proposed amount was
"ridiculous" and that the justifying numbers were inconsistent and presented in a "tsunami-like
way". He said he was certain that the company was not going to lose money, as stated in its
application.
Councilmember Collins, also a member of the negotiating committee, recommended changing
the references in the contract from "profit" to [10%] "mark-up", for purposes of understanding
the meaning. He also clarified that it was a 10-year, not a 20-year contract, to be renewed at the
Town's discretion. He said he had raised the question or whether to bid the contract or not, and
he agreed that a rate hike was difficult because residents had been "hit" recently with a large
sewer rate increase, in addition to a [proposed] garbage rate increase.
Mayor Slavitz said he concurred with the comments of his colleagues. He, too, said he wished the
contract had been put out to bid; he said it would add veracity to what had been stated here
tonight. He said in future, for piece of mind, the contract should be bid out but he concluded that
there did not seem to be an option at this juncture to adopting the 10-year contract.
Vice Mayor Fraser called for a "pause in the action before pulling the trigger on the contract."
O'Donnell said that while his original idea was to simply tie the rates to a straight CPI over a 20-
year contract, he said he was satisfied with the continuity and benefits to the town of the
proposed contract.
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Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 9
Town Manager Curran agreed that the negotiations had started out with a 20-year contract but
that had been reduced to 10 years, with two, five-year options. She said a longer contract was
favored by the company because it was a capital-intensive business.
Curran said that agreement was very thorough, had been reviewed extensively by the committee,
and was not a "cookie cutter" contract.. She said that a lot of time and energy had been spent
reviewing the contract for a relatively small organization. She concurred with Councilmember
O'Donnell that the agreement contained many benefits and services to the Town.
On the question of rates, the Town Manager said that the Town was not obligated to adopt a rate
increase if it was not appropriate. Councilmember Fredericks asked whether the contract could
be adopted separately from the rate increase. Town Attorney Danforth said that it could, but
counseled that it might not be prudent to wait for another audit on the numbers; she suggested
that the Council might ask for some refinement of the numbers at this time.
Mayor Slavitz asked if the Town had an obligation to adopt either component tonight. Town
Attorney Danforth said it did not. She added that during negotiations with MVR,S, the company
felt that it would be exposed to significant losses if the contract term was shortened; she said the
Town came up with the 10-5-5 year formula to address the Town's concerns and move the
negotiations forward.
The Council took the following actions:
A. Renewal of Franchise Agreement
MOTION: To adopt the resolution approving the franchise agreement, amended to delete Exhibit
A, setting rates.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Collins, Fredericks, O'Donnell, Slavitz
NAYES: Fraser
B. Rate Increase
MOTION: To continue the discussion of the MVRS rate increase to the July 6 meeting
[direction given by Council was to re-verify the numbers included in the P/L section
of the rate application, as well as providing five years of profit and loss
data, and continue the discussion on ways the company can save money]
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Unanimous
C. Adopt new Solid Waste Ordinance (Repeal and adopt new Chapter 26 of the
Town Code) - introduction and first reading of ordinance
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Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 10
MOTION: To read the ordinance by title only.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Unanimous
Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon repealing
Chapter 26 and adding a new Chapter 26."
MOTION: To pass first reading of the ordinance.
Moved: Collins, seconded by Fredericks
Vote: AYES: Unanimous
3. Creation of Building Code Appeals Board - Consider establishment of a Building Code
Appeals Board to hear and decide appeals of non-administrative decisions of the Building
Official and related actions (Building Official Lustenberger)
A. Adopt a resolution establishing the Building Code Appeals Board
B. Amend Chapter 13 (Building Ordinance) of the Town Code tp reference a
Building Code Appeals Board - introduction and first reading of ordinance
Building Official Lustenberger gave the report recommending formation of an independent
Building Code Appeals Board that is technically qualified to rule on appeals of non-
administrative decisions or code interpretations made by the Building Official. Currently, this
function is performed by the Town Council.
Lustenberger said that most jurisdictions in California had such a board, and that while such
appeals had been rare in Tiburon over the years, the recent advent of new uniform construction
codes and the changing and diversifying range of construction materials and techniques were
likely to drive an increase in the number of appeals over time. He also said that the Insurance
Services Office (ISO), an independent statistical, rating and advisory organization the serves the
property/casualty insurance industry, said that the lack of such a board might lead to higher
insurance rates for all Tiburon property owners unless rectified.
Councilmember Collins asked if the creation of the board would adversely affect the construction
timelines of projects, and drive up costs. Mr. Lustenberger said that the review could possibly
take place during the plan check portion of the process, where findings could be applied to like
processes across the board. On the other hand, he also said it might be advantageous for a
homeowner to finish the job and then appeal. The Building Official said that the appeals board
offered a recourse to contractors and property owners.
Town Manager Curran said that she had worked with similar boards in other cities, and that they
really did provide a service by bringing together a group of dispassionate people to review
questions that the Council or staff outside the Building Division did not have the technical ability
to judge. She said the board would meet infrequently but offered a recourse and "safety valve" to
both the town and appellants.
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Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 11
Councilmember O'Donnell said he supported the concept of a board but thought the $500 appeal
fee might act as a deterrent to potential appellants. He asked whether it could be lowered or made
refundable, if the appellant prevailed. Town Manager Curran said the fee could be lowered and
suggested $250 would probably be sufficient to cover staff costs.
Council agreed that lowering the fee was preferable and directed staff to change the appeal fee to
$250. It was noted that this type of appeal would not be as staff labor intensive as other appeals.
Mayor Slavitz opened the matter to public comment. There was none.
Mayor Slavitz closed the public hearing.
MOTION: To adopt the resolution, as written.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
MOTION: To read the ordinance by title only.
Moved: Fredericks, seconded by Collins
Vote: AYES: Unanimous
Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon amending
provisions of Title IV, Chapter 13 of the Tiburon Municipal Code to modify provisions related to
appeals."
MOTION: To pass first reading of the ordinance.
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
4. Claims Ordinance - Consider adoption of an ordinance governing claims against the
Town (Town Attorney Danforth)
A. Add new Chapter 3 B to the Town Code - introduction and first reading of ordinance
Town Attorney Danforth said that the California Government Claims Act, which governs most
claims for money damages against public agencies, gives public agencies the opportunity for
early investigation and resolution of most claims for money damages. The Act also allows local
agencies to adopt their own claims requirements by ordinance to govern claims that are otherwise
outside the scope of the Act. Danforth recommended adoption of a proposed ordinance
incorporating the Government Claims Act presentation and processing requirements. The
ordinance also includes as well as two new features:
• Section 313-1(a)(3) providing that claims on behalf of a class of persons must be signed by
each member of that class; and
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Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 12
• No claimant may bring suit regarding a tax, fee or other charge unless they have first paid
that tax, fee or charge, together with interest and any penalties.
Councilmember O'Donnell asked if this meant the town was writing its own rules. Ms. Danforth
said that the new requirements have not been tested in court, but are common in other
jurisdiction's recent claims ordinances.
Mayor Slavitz opened the hearing to public comment. There was no public comment.
Mayor Slavitz closed the public hearing.
MOTION: To read the ordinance by title only.
Moved: Fredericks, seconded by Collins
Vote: AYES: Unanimous
Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon adding Chapter
3B (Claims against the Town) to Title I of the Municipal code establishing procedure for filing
and processing claims against the Town."
MOTION: To pass first reading of the ordinance.
Moved: Fredericks, seconded by Collins
Vote: AYES: Unanimous
TOWN COUNCIL REPORTS
None.
TOWN MANAGER'S REPORT
None.
WEEKLY DIGESTS
• Town Council Weekly Digest - June 10, 2011
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz
adjourned the meeting at 10:45 p.m.
JEFF SLAVITZ, MAYOR
DRAFT
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 13
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT
Town Council Minutes #xx -2011 xxxxxxx, 2011 Page 14
TOWN OF TIBURON
1505 Tiburon Boulevard
w Tiburon, CA 94920
To: Mayor and Members of the Town Council
From: Administrative Services Department
Subject: Investment Summary - May 2011
Reviewed By:
Town Council Meeting
July 6, 2011
Agenda Item: CC-
BACKGROUND
Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town's investment activities for the period ended May 30, 2011.
ANALYSIS A
Agency Investment Amount Interest Rate Maturitv
Town of Tiburon
Local Agency
Fund (LAIF)
$1995919500.53
0.413%
Liquid
CDARS (Bank
of Marin)
$ 2,0259794.88
0.46%
October 21,
2011
Housing note to
Town Manager
$ 8009000.00
0.513%
Based on
Contract
Money Market
(Bank of Marin)
$ 2509000.00
0.50%
Liquid
Note to Former
Town Employee
$ 319923.79
5.55%
June 1, 2017
Total
$22,699,219.20
FINANCIAL IMPACT
No financial impact occurs by adopting the report. The Town continues to meet the priority
principles of investing - safety, liquidity and yield in this respective order.
RECOMMENDATION
Staff recommends that the Town Council:
Move to accept the May 2011 investment summary
Prepared By: Heidi Bigall, Director of Administrative Services
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
July 6, 2011
Agenda Item:
Future Annexation Agreement for the Property Located at
4970 Ranch Road; Assessor Parcel 038-041-39; Kenneth and Charlene
Ip, owners and applicants
4~?~
The owners are seeking approval of an Annexation Agreement with the Town. The owners are
currently processing applications through the Marin County Community Development Agency
for demolition of the existing residence and construction of a new residence on the property. The
project requires connection to the public sewer system maintained by Sanitary District No. 2
(Corte Madera). The Marin Local Agency Formation Commission (LAFCO) voted to defer
application of its dual annexation policy for this property on the condition that the owners enter
into the standard Annexation Agreement with the Town of Tiburon. The Town has previously
authorized and entered into approximately forty (40) such agreements, ranging from properties in
Old Tiburon to properties near the Corte Madera town limits.
The property owners of 4970 Ranch Road are now seeking approval from the Town for the
standardized annexation agreement that would enable them to connect into the public sewer
system. The subject property is currently developed with a single family home and is not eligible
for future subdivision under current zoning. Approval of the annexation agreement would be
consistent with adopted Town policy and practice for this portion of the unincorporated Tiburon
Peninsula, given that LAFCO has already approved deferral of its dual annexation policy.
RECOMMENDATION
Staff recommends that the Town Council:
Authorize the Town Manager to execute the Annexation Agreement for 4970
Ranch Road.
Exhibits: 1. Form of Agreement
Prepared By: Scott Anderson, Director of Community Development
APN NO. 038-041-39
Recording Requested By:
TOWN OF TIBURON
Return to :
Director of Community Development
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
This document is for the benefit of the Town of Tiburon.
AGREEMENT REGARDING
ANNEXATION OF REAL PROPERTY
COMMONLY KNOWN AS
4970 RANCH ROAD
TO THE TOWN OF TIBURON
EXHIBIT NO.
AGREEMENT REGARDING ANNEXATION OF REAL PROPERTY
TO THE TOWN OF TIBURON
This Agreement is made and entered into this day of , 2011, by
and between the Town of Tiburon, a municipal corporation, ("Town" hereafter) and
Kenneth Ip and Charlene Ip ("Owner" hereafter) and is based upon the following facts:
(a) Owner holds title to that certain real property ("the Property" hereafter) described
in Exhibit "A" attached hereto and shown for illustrative purposes only on the
attached Exhibit "B"; and
(b) Owner desires to connect to the public sewer system provided by Sanitary District
No. 2. As a result of the Marin Local Agency Formation Commission (LAFCO)
dual annexation policy, Owner would be required to annex to the Tmyn of
Tiburon concurrently with annexation to the Sanitary District unless the policy is
waived or deferred by LAFCO.
(c) The Town has agreed to a deferment of annexation of the Property and has
recommended such to the Local Agency Formation Commission on the conditions
set forth in this Agreement. LAFCO has approved annexation to the sanitary
district without concurrent annexation to Tiburon so on the condition that Owner
enters into an annexation agreement with the Town.
(d) The Town recognizes that at this time, annexation of this non-contiguous property
would result in inefficient provision of Town services to the property, but that at
some point in the future, the Town may desire annexation.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
1. Owner agrees on behalf of himself, his heirs, successors and assigns that, in the
event any future proceedings for the annexation of the property to the Town shall
be initiated by the Town, Owner shall neither directly nor indirectly oppose nor
protest such annexation.
2. Owner agrees that his obligations hereunder shall run with the Property and that
the Property shall be held, conveyed, hypothecated, encumbered, leased, rented,
used and occupied subject to the provisions of this Agreement and that the
obligations undertaken by Owner hereunder shall be binding on all parties having
or acquiring any right, title, or interest in the Property.
2
OWNER:
Kenneth Ip
r
Charlene Ip
TOWN OF TIBURON:
By:
Margaret Curran, Town Manager
APPROVED AS TO FORM:
By:
Ann Danforth, Town Attorney
Attachments: Exhibits "A" and "B"
SAAdministration\Town Council\Staff Reports\2011Vuly 6 drafts\IP Annexation agreement.doc
State of California
County of -M-APJN
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personally appeared
before me, EPJCA Y JOUBER7-- -VOT RY PURUC
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Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) 'i re
subscribed to the within instrument and acknowledged
to me that they executed the same in
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Commission # 1872349
Notary Public - California
Marin County
M Comm. Expires Dec 3, 2013
heir authorized capacity(ies), and that by
iffier their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that th foregoing
paragraph is true and correct. n
WITNESS my hAnd and
Signature:
Place Notary Seal and/or Stamp Above Si nat a Notary ublic
OPTIONAL
Though the information below is not required by law, it may ove v luabl to pe ns rel. ing on the document
and could prevent fraudulent removal and reattach of this orm t nother document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer- Title(s):
❑ Individual
❑ Partner - ❑ Limited D General Top of thumb here
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❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 2008 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91 31 3-2402- www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876.6827
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARIN, STATE OF CALIFORNIA
AND IS DESCRIBED AS FOLLOWS:
LOT NUMBER 24, as the same is laid down and delineated on that certain map entitled, "Map of Paradise Cove,
Subdivision No. 2, Marin County, Calif.", filed in the office of the Recorder of Marin County on April 18, 1941, in
Book 5 of Maps, at page 90, Marin County Records.
APN: 038-041-39
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To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Department of Administrative Services
Town Council Meeting
July 6, 2011
Agenda Item: 1
~C J
Subject: Recommendation to Adopt Resolutions Amending the Town Management
and Mid-Management, Professional, Confidential and Unrepresented
Employees Recognition and Incentive Compensation Program for
FY 2011-12.
Reviewed By:
BACKGROUND
Annually the Town Council adopts resolutions restating the employee recognition and incentive
compensation programs for the Town's Management and Mid-Management, Confidential and
Unrepresented employee groups. The Resolutions outline any changes over the previous year's
program relative to compensation and benefits.
The key changes to the current recognition and incentive compensation program are:
1. Compensation
There are no changes to the salary ranges that were in effect during FY 2010-11. Merit
increases are again suspended for FY 2011-12.
2. Vacation Leave Cash-Out
Effective July 1, 2011 the ability to cash out up to 10 day vacation per year has been
eliminated.
3. Payment for Unused Sick Leave
Employees in either group hired prior to July 1, 2001 are eligible for cash payment of
50% of their accrued sick leave upon termination of employment with the Town after 15
years service, or upon service retirement from the Town.
Effective July 1, 2011, employees who are eligible for the above benefit shall have this
payment capped at their current hourly rate and number of eligible hours. This will cap
the future liability associated with this benefit. In addition, if any employee has 15 years
of service with the Town, they may chose an early cash-out option of this benefit, and
receive 60% of the value of their sick leave that is calculated as of July 1, 2011. They will
not receive any further compensation for this benefit upon separation or retirement.
TOWN OF TIBURON PAGE 1 OF 2
4. Tuition Reimbursement Program
The Town's tuition reimbursement program for employees of each group is suspended for
FY 2011-12.
FINANCIAL IMPACT
Adoption of these two resolutions provides a savings to the Town of $23,000 in FY 2011-12.
RECOMMENDATION
Staff recommends that the Town Council:
1. Adopt the following Resolutions:
a) Amending the Management Recognition and Incentive Compensation
Program; and
b) Amending the Mid-Management, Professional, Confidential and
Unrepresented Employees Recognition and Incentive Compensation Program
Exhibits: 1. Management Incentive Program Resolution
2. Mid-Management, Professional, Confidential and Non-Represented Employees
Recognition and Incentive Program
Prepared By: Heidi Bigall, Director of Administrative Services
RESOLUTION NO. 2011
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REPEALING RESOLUTION
NO. 34-2010 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 2010 by the
adoption of Resolution No. 34-2010; and 0
WHERAS, the Town of Tiburon management employees are defined to mean the
following positions:
Town Manager
Town Attorney
Chief of Police
Director of Administrative Services
Director of Community Development
Director of Public Works/Town Engineer
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby repeal Resolution No. 34-2010 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, 2011 salary ranges for management positions shall be:
Chief of Police $10,279 - $ 12,849
Director of Administrative Services $ 8,209 - $ 10,261
Director of Community Development $ 8,316 - $ 10,395
Director of Public Works/Town Engineer $10,083 - $ 12,604
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. Merit increases are suspended for FY 2011-12.
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. 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's accruing fringe fall below the
grandfathered cap, but more than $400 per month, the lower amount becomes that
employee's new cap.
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 year's calculation, and service credit for unused sick leave. Effective July
11 2010, each employee shall contribute the required member contribution towards
retirement. This employee retirement contribution shall be made on a pre-tax basis as
allowed under Internal Revenue Code 414(h)(2).
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 15 Days
6-15 Years 20 Days
16+ Years 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.
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.
Effective July 1, 2011, the cash value of this benefit will be determined based on each
employee's hourly rate and number of eligible hours for cash-out purposes (50% of
sick leave balance, up to 60 days). This value will be documented and the value
capped. This value cannot grow through additional accrued sick leave or though
increases in pay. Employees with 15 years or more service with the Town may
request a cash-out of 60% of the eligible hours (early cash-out option). Should an
employee request the early cash-out of 60% of the eligible sick leave hours, they will
not be entitled to any further sick leave cash-out upon retirement or separation of
employment with the Town. Those hours cashed out will be deducted from the
employees sick leave balance. If an employee is not eligible for, or elects not to take,
the early cash-out option, they shall be paid the frozen dollar value upon separation of
employment with the Town. The only way the frozen dollar amount can be lowered
is if an employee has less accrued sick leave hours upon separation of employment
than they do on July 1, 2011. For tax planning purposes, should an employee desire
to take the early cash out option, they will be allowed to take this payment in either
2011 or in January 2012.
For management employees hired after July 1, 2001, they may accrue unlimited sick
leave with no option for "cashback" benefits.
Page 4
SECTION 8. HOLIDAYS
The Town agrees to provide management employees the following holidays:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
December 27
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.
SECTION 9. HOLIDAY CLOSURE
All represented employees will be required to take 2 days vacation or administrative
leave furlough. The day furloughed will be December 28 and December 29. Tiburon
Town Hall will be closed from December 24, 2011 through January 2, 2011.
Proposed Schedule:
Friday, December 23, 2011
Monday, December 26, 2011
Tuesday, December 27, 2011
Wednesday, December 28, 2011
Thursday, December 29, 2011
Friday, December 30, 2011
Monday, January 2, 2012
Christmas Eve Holiday Observed (+7, 8)
Christmas Holiday Observed (-1)
Veteran's Day Observed (-1)
Employees contributes 1 day vacation (-8, 9)
Employees contributes 1 day vacation (-8, 9)
New Years Eve Observed (+1)
New Years Eve Holiday Observed (-1)
Page 5
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 radium
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.
Unless otherwise noted in an Employment Agreement, Management employees shall be
covered by the following termination allowance schedule:
Service Work Weeks
After: 3 years
1 month
7 years
2 months
10 years
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
Page 6
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. This provision is suspended for
Fiscal Year 2011-12.
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
For any Management employee hired prior to July 1, 2009, 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 other dependents.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the provisions of this
resolution shall supersede any other previous rules and resolutions of the Town of Tiburon which
may be in conflict herewith.
Page 7
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on , 2011, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Page 8
RESOLUTION NO. -2011
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REPEALING RESOLUTION NO. 35-2010 AND ADOPTING AN
AMENDED MID-MANAGEMENT, PROFESSIONAL, CONFIDENTIAL AND
UNREPRESENTED 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
employees and promotes a consistently higher level of service to the public, and
WHEREAS, the Town Council has updated and amended the Mid-mana&ement
Recognition and Incentive Compensation Program most recently in 2010 by the adoption of
Resolution No. 35-2010; and
WHEREAS, the Town of Tiburon mid-management, professional and confidential
employees are defined to include the following positions:
Assistant Planner
Associate Planner
Building Official
Emergency Services Coordinator
Police Captain
Town Clerk
Building Permit Technician
Superintendent of Public Works
Information Technology Coordinator
Police Secretary
Planning Manager
Engineering Technician
WHERAS, the Town of Tiburon Unrepresented employees are defined to include the
following positions:
Office Assistant III
Building Inspector
Planning Secretary
Building Permit Clerk
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby repeal Resolution No. 35-2010 and all predecessor versions of the Mid-
Management, Profession & Confidential Employees Recognition and Incentive Compensation
Program and adopts the following amended Mid-Management, Professional, Confidential and
un-represented Employees Recognition and Incentive Compensation Program:
Page 1
SECTION 1. SALARIES
Effective July 1, 2011 salaries ranges for covered positions shall be:
Assistant Planner
$4,443 - $ 5,554
Associate Planner
$4,937 - $ 61171
Building Permit Technician
$4,318 - $ 51398
Building Official
$7,132 - $ 8,915
Superintendent of Public Works
$7,017 - $ 8,772
Emergency Services Coordinator
$4,955 - $ 6,193
Engineering Technician
$5,042 - $ 6,302
Information Technology Coordinator
$6,153 - $ 71691
Police Captain
$8,653 - $10,817
Police Secretary
$400 - $ 5,850
Planning Manager
$5,924 - $ 7,405
Town Clerk
$5,505 - $ 602
Office Assistant III
$31402 - $ 4,253
Planning Secretary
$39402 - $ 4,253
Building Inspector
$5,629 - $ 7,036
Building Permit Clerk
$3,755 - $ 4,694
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. Merit increases are suspended for
fiscal year 2011-12.
SECTION 3. BENEFITS AND INSURANCES
Effective January 1, 2009 for mid-management employees, and effective January 1, 2010
for unrepresented employees, the Town shall contribute $1075 per month towards
covered employee's fringe benefits. 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.
Page 2
Retirement - For Miscellaneous Members of the Public Employee's Retirement System,
the Town of Tiburon shall provide 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
year's calculation, and service credit for unused sick leave. Effective July 1, 2010, each
employee shall contribute the required member contribution towards retirement. This
employee retirement contribution shall be made on a pre-tax basis as allowed under
Internal Revenue Code 414(h)(2).
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 uriless they can
demonstrate compliance with other coverage.
Life Insurance - The Town of Tiburon offers qualified employees a $25,000 life
insurance policy. Such insurance is mandatory for all full-time employees. The Town of
Tiburon offers qualified employees additional life insurance above the mandatory
$25,000 policy, up to a combined total of no more than $95,000. Participation is
optional.
Disability Insurance - The Town of Tiburon offers qualified employees long term
disability insurance. Such insurance is optional, except for the position of 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.
Page 3
SECTION 4. VACATION LEAVE
Employees covered by this Resolution shall accumulate vacation time in accordance with
the following vacation entitlement schedule:
Service Work Days
0-5 Years 12 Days
6-10 Years 18 Days
1 l+ Years 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 6. SICK LEAVE
Employees covered by this Resolution 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.
Effective July 1, 2011, the cash value of this benefit will be determined based on each
employee's hourly rate and number of eligible hours for cash-out purposes (50% of
sick leave balance, up to 60 days). This value will be documented and the value
capped. This value cannot grow through additional accrued sick leave or though
increases in pay. Employees with 15 years or more service with the Town may
request a cash-out of 60% of the eligible hours (early cash-out option). Should an
employee request the early cash-out of 60% of the eligible sick leave hours, they will
not be entitled to any further sick leave cash-out upon retirement or separation of
employment with the Town. Those hours cashed out will be deducted from the
employees sick leave balance. If an employee is not eligible for, or elects not to take,
the early cash-out option, they shall be paid the frozen dollar value upon separation of
employment with the Town. The only way the frozen dollar amount can be lowered
is if an employee has less accrued sick leave hours upon separation of employment
than they do on July 1, 2011. For tax planning purposes, should an employee desire
to take the early cash out option, they will be allowed to take this payment in either
2011 or in January 2012.
Page 4
Employees hired after July 1, 2001, may accrue unlimited sick leave, but with no option
for "cashback" benefits.
SECTION 8. HOLIDAYS
The Town agrees to provide employees covered by this Resolution the following
holidays:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
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
SECTION 9. HOLIDAY CLOSURE
Employees covered by this Resolution will be required to take a 2 days vacation or
administrative leave furlough. The days furloughed will be December 28 and December
29. Tiburon Town Hall will be closed from December 23, 2011 through January 2, 2012.
Proposed Schedule:
Friday, December 23, 2011
Monday, December 26, 2011
Tuesday, December 27, 2011
Wednesday, December 28, 2011
Thursday, December 29, 2011
Friday, December 30, 2011
Monday, January 2, 2012
Christmas Eve Holiday Observed (+7, 8)
Christmas Holiday Observed (-1)
Veteran's Day Observed (-1)
Employees contribute 1 day vacation (-8, 9)
Employees contribute 1 day vacation (-8, 9)
New Years Eve Observed (+I)
New Years Eve Holiday Observed (-1)
Page 5
SECTION 10. ADMINISTRATIVE LEAVE
In recognition of the long hours required to perform at the mid-management and
professional level, including attendance at numerous meetings outside normal working
hours, the following Administrative Leave policy shall be implemented.
Each exempt mid-management, professional or confidential employee may receive up to
ten days administrative leave annually, to be awarded at the discretion of the Town
Manager. Administrative Leave shall be taken in one day increments.
SECTION 11. DINNER ALLOWANCE
All mid-management, professional and confidential employees who live more than 10
miles of Town and who are required to attend night meetings or work after office hours
beyond 7:00 P.M. may be reimbursed in an amount not to exceed $20.00 for the purchase
of dinner for that night. Employee reimbursement is subject to the approval of the Town
Manager and must be accompanied by a restaurant receipt which shall include the
amount, date, meeting or purpose, and the employee's name. r
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. This provision shall be suspended for FY
2011-12.
SECTION 13. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE
For employees covered by this Resolution, and who are hired prior to July 1, 2009, 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 Years of Consecutive
Single Service to Town
50% 15 Years
75% 20 Years
100% 25 Years
Page 6
Such coverage is not extended to employee's spouse or dependents.
Employees hired after July 1, 2009, shall not be eligible for retiree medical allowance.
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 , 20109 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Page 7
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Department of Administrative Services
Town Council Meeting
July 6, 2011
Agenda Item:
Recommendation to approve the Memorandum of Understanding between the
Town of Tiburon and SEIU Local 2021
The SEIU Local 1021 bargaining unit consists of six employees within the Publi6 Works
maintenance department. The current three-year contract expired on July 1, 2011. The Town's
negotiating team has met over the past few months with the SEIU 1021 membership and has
reached an agreement. The exhibit MOU outlines in detail the terms of a new, one-year contract
from July 1, 2011 through June 30 2012.
The key elements of the new contract are as follows:
1. Compensation
Effective July 1, 2011, in exchange for members of the unit paying the employee's
portion of retirement (7% of reportable wages), the Town of Tiburon shall increase the
pay range each classification by 3.5%.
2. Retirement
Effective July 1, 2011, each member of the unit shall pay their portion of CalPERS
retirement (7%) tax deferred,
3. Paid Medical Allowance at Retiremen
Any employee hired after July 1, 2011 will not be eligible for the provisions of Section
8.2 of the MOU (paid medical allowance upon retirement).
4. Payment for Unused Sick Leave
Employees of the Unit hired prior to July 1, 2011 are eligible to receive payment for 50%
of their sick leave on the books upon separation of employment with the Town and having
15 years service, or upon service retirement from the Town with no minimum service
requirement. Employees are eligible to receive payment for up to 60 days of sick leave.
TOWN OF TIBURON PAGE 1 OF 3
Effective July 1, 2011, employees who are eligible for the above benefit shall have this
payment capped at their current hourly rate and number of eligible hours. This will cap
the future liability associated with this benefit. In addition, if any employee has 15 years
of service with the Town, they may chose an early cash-out option of this benefit, and
receive 60% of the value of their sick leave that is calculated as of July 1, 2011. They will
not receive any further compensation for this benefit upon separation or retirement.
5. Vacation Cash Out Incentive
Effective July 1, 2011 employees of the Unit will no longer be eligible to purchase
vacation leave of up to 10 days per year. Section 12.3 of the previous MOU has been
deleted.
6. Tuition Reimbursement
Section 16 (Tuition Reimbursement) is suspended for the term of this contract.
ANALYSIS
With the negotiation and approval of this contract, all Town employees now pay their portion of
CaIPERS retirement contributions. In addition, no new employees are eligible for paid medical
allowance upon retirement, or sick leave payment upon separation, which will ultimately have a
positive effect on the unfunded liabilities.
Special recognition should be expressed to the members of the SEIU 1021 unit, as they have
made the same concessions in one year that all other employees have made over two.
FINANCIAL IMPACT
By approving this contract, it is estimated that savings to the Town during FY 2011-12 will be
$13,282. In addition future unknown savings will be realized in the Town's unfunded sick leave
and medical at retirement liabilities.
RECOMMENDATION
Staff recommends that the Town Council:
1. Move to approve the exhibit Memorandum of Understanding between the Town of
Tiburon SEIU Local
Exhibits: Draft Memorandum of Understanding between the Town of Tiburon and SEIU 1021
Prepared By: Heidi Bigall, Director of Administrative Services
TABLE OF CONTENTS
Section 1. RECOGNITION 2
Section 2. UNION REPRESENTED EMPLOYEE RIGHTS 3
Section 3. MANAGEMENT RIGHTS
3
Section 4. NO DISCRIMINATION
4
Section 5. SCOPE OF AGREEMENT
4
Section 6. EMPLOYEE REPRESENTATIVES
4
Section 7. CAFETERIA BENEFITS PLAN
5
Section 8. RETIREMENT PROGRAM
6
Section 9. HOLIDAYS
7
Section 10. SICK LEAVE
7
Section 11. LEAVE WITH PAY
9
Section 12. Vacation
9
Section 13. FURLOUGH
10
Section 14. SALARY
10
Section 15. OVERTIME
11
Section 16. TUITION REIMBURSEMENT PROGRAM
11
Section 17. NOTICE TO EMPLOYEES
11
Section 18. UNIFORMS FURNISHED AND MAINTAINED
1 I
Section 19. HEALTH AND SAFETY
12
Section 20. SENIORITY
12
Section 21. LAYOFF AND RE-EMPLOYMENT
12
Section 22. DISCIPLINARY ACTION
13
Section 23. GRIEVANCE PROCEDURES
14
Section 24. RECLASSIFICATON PROCEDURE
19
Section 25. PERSONNEL FILES
17
Section 26. AGENCY SHOP/FAIR SHARE FEE
17
Section 27. FULL UNDERSTANDING. MODIFICATION. WAIVER
19
1
MEMORANDUM OF UNDERSTANDING
BETWEEN
TOWN OF TIBURON
and
SERVICE EMPLOYEES INTERNATIONAL UNION, SEIU 1021
PREAMBLE
This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act,
by and between the Town Manager of the TOWN OF TIBURON "the Town" and the Service
Employees International Union, SEIU 1021 "the Union" on the day of July, 2011
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment of the represented employees of the Town of Tiburon and have
exchanged freely information, opinions, and proposals and have endeavored to reach
agreement on all matters relating to the employment conditions and Employer-employee
relations of such employees.
The Memorandum of Understanding shall be presented to the Town Council as the joint
recommendations of the undersigned for salaries, fringe benefits and working conditions of all
represented employees of the Town of Tiburon.
This Memorandum of Understanding and following agreements shall not become effective
until approved by the Tiburon Town Council and SEIU 1021.
Section 1. RECOGNITION
1.1 Union Representation: The employment classifications represented by the Union
include: Public Works Foreman, Senior Maintenance Worker, and Maintenance
Worker I and II.
1.2 Dues Deduction: The Town shall, in a single payroll deduction made bi-monthly, deduct
the amount of Union Dues or fees as specified by the Union and authorized by each
affected employee in accordance with rules and regulations to implement the
Employer-Employee Relations Resolution. Said deductions are to be made without fee
charged to the Union. The Union agrees to hold the Town harmless from any liability
arising from such deduction.
1.3 COPE Deduction: The Town agrees to the establishment of a payroll deduction
program for voluntary unit member contributions to the Committee on Political
Education (C.O.P.E.).
Section 2. UNION REPRESENTED EMPLOYEE RIGHTS
2.1 The Union's right to represent its members before the Town Council or advisory
boards or commissions or the Town Manager or his/her designee with regard to
wages, hours, and working conditions or other matters within the scope of
representation.
2.2 The right to be given reasonable written notice of any proposed ordinance, rule,
resolution, or regulation, or amendment hereto, relating to matters within the scope of
representation.
2.3 Reasonable access to employee work locations for officers of the Union and the
officially designated representatives for the purpose of processing grievances or
contacting members of the Union concerning business within the scope of
representation. Access shall be restricted so as not to interfere with the normal
operations of the Town or established safety or security requirements.
2.4 Employees represented by the Union shall be free to participate in Union activities
without interference, intimidation, or discrimination, in accordance with State law and
Town Policies, rules, and regulations.
Section 3. MANAGEMENT RIGHTS
The rights of the Town include, but are not limited to, the exclusive right to determine
the mission of its constituent departments, commissions and boards; set standards of
service; determine the procedures and standards of selection for employment and
promotion; train and direct its employees: take disciplinary action; relieve its employees
from duty because of lack of work or for other legitimate reasons; maintain the
efficiency of governmental operations; determine the methods, means and personnel
by which governmental operations are to be conducted; determine the content of job
classifications; take all necessary actions to carry out its mission in emergencies;
exercise complete control and discretion over its organization and the technology of
performing its work; and to make rules and regulations for its employees consistent
with this Memorandum of Understanding.
The Town maintains the right to use qualified volunteers or reserves in the Town
service, provided such use does not adversely affect wages, hours, and other terms
and conditions of employment. Use of said individuals shall be in accordance with
State law and regulations.
Nothing contained within this Article is intended to, in any way, supersede or infringe
upon the rights of the recognized employee organization as provided under State and
Federal law, including, but not limited to, California State Government Code Sections
3500 through 3510, inclusive.
Section 4. NO DISCRIMINATION
4.1 Employment by the Town shall be based upon merit, qualifications and ability. There
will be no unlawful discrimination in hiring, promotion, advancement, termination or any
other personnel action based on an individual's race, religion, color, national origin,
ancestry, physical or mental disability, medical condition, marital status, veteran's
status, sexual orientation, age or sex. . There shall be no discrimination against any
disabled individual solely based on such disability, unless that disability prevents the
individual from meeting the minimum standards established for the employment position
the applicant seeks.
4.2 No member, official, or representative of the Union shall, in any way, suffer any type of
discrimination in connection with continued employment, promotion, or otherwise by
virtue of membership in or representation of Union.
Section 5. SCOPE OF AGREEMENT
5.1 Term: This Agreement shall be in effect from July 1, 2011 through June 30, 2012.
5.2 Procedure for Meet and Confer: The Town, through its representatives, shall meet and
confer in good faith with representatives of the Union regarding matters within the scope
of representation. These matters include employee wages, hours, and other terms and
conditions of employment, in accordance with the provisions of the Meyers-Milias-
Brown Act.
SEIU 1021 shall submit their next contract proposal to the Town Manger no later than
March 31, 2012.. The Town shall commence contract negotiations within 45 days
following receipt of the contract proposal.
Section 6. EMPLOYEE REPRESENTATIVES
6.1 The Union may by written notice to the Town Manager, designate a member of the unit
as an Employee Representative. The Employee Representative shall be permitted
reasonable time during regular work hours for Union activities. Total employee time
shall not exceed the equivalent of one hour per week, or a total of fifty-two (52) hours
during the fiscal year. The Employee Representative shall secure permission from
his/her Supervisor before leaving a work assignment for pertinent Union
responsibilities. Such permission shall not be unreasonably withheld.
6.2 Employee Representatives may investigate and process formal grievances by
employees.
6.3 The Union may request that the Town meet and develop a format for Management-
Labor meetings and a Memorandum of Understanding orientation meeting.
4
Section 7. CAFETERIA BENEFITS PLAN
The Town agrees to pay the cost of group dental, life, long term disability, medical and
hospital insurance program coverage of up to One Thousand and fifty dollars $1,050
per regular full-time represented employee. If the full sum specified is not used for the
group insurance cost of a given employee, then that amount, not to exceed $400 per
month, shall be deposited into the Town's Deferred Compensation Plan in the
employee's name. See Section 7(a) for exception to $400 per month cap. Any part-
time employee shall receive a prorated amount of this monthly allowance based on
their full-time equivalence.
7.1 Medical/Hospital Insurance: The Town of Tiburon offers its employees and their
dependents medical/hospital insurance coverage. A full-time employee may choose
from the plans offered through the Public Employees Retirement System Health
Benefits Division for medical/hospital insurance coverage. If the full sum specified is
exceeded for group insurance cost of a given employee and dependents, then that
employee shall pay the balance of the monthly cost via payroll deduction. Such
insurance is mandatory for all full-time employees unless they can demonstrate
compliance with other coverage.
7.2 Dental Insurance: The Town of Tiburon offers its full-time employees and their
dependents the Delta Dental plan. Such insurance is mandatory for all full-time
employees and their dependents, unless they can demonstrate compliance with other
coverage.
7.3 Life Insurance: The Town of Tiburon offers its full-time employees a $15,000 life
insurance policy. Such insurance is mandatory for all full-time employees.
7.4 Disability Insurance: The Town of Tiburon offers its full-time employees long term
disability insurance. Such insurance is optional. The current maximum monthly benefit
is $1,500. The Town is agreeable to meet with members of the bargaining unit to
determine if they would like to increase this maximum monthly benefit. Any premium
increase would be borne by the employee through the cafeteria benefit plan.
7.5 Long Term Care: The Town of Tiburon offers its full-time employees a long term care
policy. Participation is optional.
7.6 Vision Care Insurance: The Town is willing to explore and provide a vision care
insurance program in which participation is strictly voluntary for any employee. If the
Town is unable to find an insurance provider that will insure based on the plan being
voluntary, then such insurance shall not be made available to employees of the Town.
7.7 IRS 125 Plan: The Town of Tiburon offers its employees the ability to participate in its
IRS 125 Plan. Participation is optional.
7.8 FMLA & ADA:
FMLA
FMLA shall be administered pursuant to applicable federal and state law.
ADA
ADA shall be administered pursuant to applicable federal and state law.
7.9 Change in Employee Benefits Plans: From time to time, at its option, the Town intends
to evaluate the hospital-medical, dental, life, and long-term disability insurance plans
currently available to employees to determine if similar or better coverage may be
available at a lower cost to the Town. The Town may substitute new insurance carriers
or arrange for self-insurance provided that the overall coverage is equal to or superior to
the present coverage and provided that the Town meets with the Union to confer on any
new plan before it is implemented.
Section 8. RETIREMENT PROGRAM
8.1 Scope of Benefits: The Town of Tiburon provides the two percent (2%) @ Age 55 Cal-
PERS retirement formula for full-time personnel covered under this Memorandum of
Understanding.
The Town contributes its employer required amount of retirement benefit as stipulated
each year by Cal-PERS. Effective July 1, 2011, each member of this unit shall pay
his/her portion of the required CalPERS retirement contribution of #7% towards
retirement. This employee retirement contribution shall be made on a pre-tax basis as
allowed under Internal Revenue Code 414(h)(2).
The Town provides the single highest year retirement calculation for full-time
employees covered under this Memorandum of Understanding.
The Town provides the following additional CalPERS benefit to employees covered
under this Memorandum of Understanding.
1. Death Benefits - $600
2. Unused Sick Leave Service Credit
3. 19594 th Level Survivors Benefits
8.2 Paid Medical at Retirement: For employees hired prior to July 1, 2011, the Town of
Tiburon will make contributions toward a retired employee's medical insurance plan
based on the following conditions:
1. The employee must retire directly from employment from the Town of Tiburon and
apply to PERS for retirement benefits.
2. The retiree's medical allowance is fixed and capped at the Kaiser employee rate
which is in effect at the time of the employee's retirement.
3. The Town's contribution rate is based on the following formula:
a. Fifty percent (50%) of the Kaiser employee rate at ten (15) years of consecutive
service.
b. Seventy five percent (75%) of the Kaiser employee rate at fifteen (20) years of
consecutive service.
c. One hundred percent (100%) of the Kaiser employee rate at twenty-five (25)
years of service.
Employees hired after July 1, 2011 shall not be eligible for this benefit.
Section 9. HOLIDAYS
In accordance with Government Code and the Town Personnel Rules and Regulations,
the following holidays shall be observed by the Town:
HOLIDAY
Independence Day
Labor Day
Veteran's Day
Thanksgiving
Day After Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
DATE OBSERVED
July 4
1St Monday in September
November 11
4th Thursday in November
4th Friday of November
December 24
December 25
December 31
January 1
3rd Monday in January
3rd Monday in February
Last Monday of May
Section 10. SICK LEAVE
10.1 Use of Sick Leave: Sick leave maybe taken in one-half hour increments for absences
from duty made necessary by:
1. Personal illness, caused by factors which are not within the employee's immediate
control.
2. Injury not incurred in line of duty, except where traceable to employment other than
the Town.
3. Medical, dental or eye examination or treatment for which appointment cannot be
made outside of working hours.
4. Death of a close relative, or any member of the employee's household, where such
leave is approved by the Department Head.
5. Hospitalization of a close relative, or any member of the employee's household,
where such leave is approved by the Department Head.
6. Care of a close relative, or any member of the employee's household who is ill or
injured, though not hospitalized, where such leave is approved by the Department
Head.
10.2 Sick Leave Accumulation: Sick leave with pay shall be granted to all full-time employees
except as hereinafter provided. An employee shall accumulate one (1) sick leave day
per month from date of hire until terminated, or on leave without pay. There is no cap
on the amount of sick leave that may be accumulated.
Employees who are absent without pay for any reason more than ten (10) working days
during a calendar month, shall not accumulate sick leave for that month.
10.3 Holidays During Sick Leave: Holidays and regular days off occurring while an employee
is on sick or special leave shall not be charged against such employee's sick leave
credits.
10.4 Payment for Unused Sick Leave: Employees of this Unit hired before July 1, 2011,
may receive payment of 50% of the value of their unused sick leave up to a maximum of
60 days if the following conditions are met:
1. The employee files for service retirement from the Town, and
2. The employee voluntarily separates from the Town and has at least fifteen (15)
years of service with the Town.
Effective July 1, 2011, the cash value of this benefit will be determined based on each
employee's hourly rate and number of eligible hours for cash-out purposes (50% of sick
leave balance, up to 60 days or 480 hours). This value will be documented and the
value capped. This value cannot grow through additional accrued sick leave or though
increases in hourly pay rate. Employees with 15 years or more service with the Town
may request a cash-out of 60% of the eligible hours (early cash-out option). Should an
employee request the early cash-out of 60% of the eligible sick leave hours, they will not
be entitled to any further sick leave cash-out upon retirement or separation of
employment with the Town. Those hours cashed out will be deducted from the
employees sick leave balance. If an employee is not eligible for, or elects not to take,
the early cash-out option, they shall be paid the frozen dollar value upon separation of
employment with the Town. The only way the frozen dollar amount can be lowered is if
an employee has less accrued sick leave hours upon separation of employment than
they do on July 1, 2011. For tax planning purposes, should an employee desire to take
the early cash out option, they will be allowed to take this payment in either 2011 or in
January 2012. For the purpose of providing examples of this section, attached to this
MOU is Exhibit "A".
Employees of this Unit hired after July 11, 2011 shall not be eligible for payment of
unused sick leave. .
10.5 Termination of Sick Leave: Sick leave shall automatically terminate on the date of
retirement or on the date upon which an ordinary disability allowance under the
retirement system becomes effective.
10.6 Sick Leave Notification and Proof of Illness: In order to receive compensation while on
sick leave, the employee shall notify his/her immediate superior, prior to or at the time
set for beginning his/her daily duties or as may be specified by the Department Head, of
the reasons for requiring such. Failure to notify the immediate supervisor may be
grounds for denial of such leave with pay.
10.7 Proof of Illness: In any request for sick leave with pay for three (3) or more calendar
days, the Department Head may require a statement in writing signed by a licensed
incapacitated and unable to perform his/her duties. The Town has the right to determine
by reasonable means the validity of any sick leave used by any employee at the time.
Section 11. LEAVE WITH PAY
The following conditions provide for leave with pay:
11.1 Military Service: Military leave shall be granted in accordance with State and Federal
law.
11.2 Jury Duty: All employees occupying authorized regular positions shall be allowed paid
leave for jury duty upon presentation of jury notice to the Department Head or Town
Manager. The employee shall receive full pay for the time served on the jury. Monies
received from the courts by the employee for jury duty will be deposited with the Town,
with the exception of mileage reimbursement.
11.3 Vacation Leave: All regular employees occupying a position shown in the Annual Salary
Program shall become eligible for vacation leave with pay as shown in Section 12
below.
Section 12. Vacation
12.1 Vacation Leave Accrual: Vacation leave with pay shall be credited to all employees at
the following rates:
1. First five years service - 1 day per month, or 12 working days per year.
2. Second five years service - 1-1/2 days per month, or 18 working days per year.
3. Third five years service - 1-2/3 days per month or 20 working days per year.
4. 20 years service or more - 1-3/4 days per month or 21 days per year
The yearly vacation leave shall be pro-rated and credited to each employee's account
monthly.
12.2 Payment for Unused Vacation Time: When an employee terminates, fractional periods
of vacation shall be calculated and credited to the employee's account. Compensation
will be at the employee's daily rate of pay.
12.3 Vacation Leave Accumulation: Vacation leave for employees with less than five (5)
years service may accumulate up to twenty (20) days and employees with more than
five (5) years service may accumulate up to thirty (30) days. Employees who are on
leave or suspension without pay for more than ten (10) working days in any calendar
month shall not accumulate vacation leave for that month.
12.4 Sickness During Vacation Leave: Sickness occurring during vacation leave, upon
doctor's certification, will be considered sick leave and will not be charged against the
employee's vacation leave.
12.5 Vacation Leave Scheduling: Requests for vacation leave shall be submitted in advance
by the employee in writing to the Department Head, who shall approve the time
employees may take their vacation.
12.6 Employees represented by the Union may use either vacation leave or leave without
pay for the purpose of attending Union training. Adequate notice of such leave must
be provided to the employee's supervisor.
Section 13. FURLOUGH
Each year, by August 1 St , the Town Manager or his/her designee shall notify the Union
as to whether employees of the Town shall be allowed to take a furlough between the
Christmas Eve and New Year's Day holiday observances. The exact terms of the
furlough will also be disclosed at that time. The Union will notify the Town Manager by
October 10th of its desire to participate in any potential furlough.
Section 14. SALARY
Effective July 1, 2011 the monthly salary range for each classification shall be increased
3.5% as follows:
POSITION
Step A
Step B
Step C
Step D
Step E
Maintenance Worker 1
35782
3,981
4,191
45412
4,643
Maintenance Worker II
4,071
4,285
4,511
43749
4,998
Public Works Foreman
4,911
5,169
5,441
5,727
61030
Senior Maintenance
4,281
4,506
4,744
4,994
57256
Worker
14.1 Advancement of Salary: The following criteria shall apply to advancement within salary
ranges of individual employees who are on a step plan:
1. Step A shall be the minimum hiring rate.
2. Step B: Employees shall be eligible for advancement to Step B, or the next highest
step upon completion of twelve (12) months employment.
3. Additional Steps: Employees shall be eligible for advancement to the next step upon
completion of one (1) year at the previous step. The Department Head is responsible
for determining that there has been satisfactory growth in the service value of the
employee, and final approval is determined by the Town Manager.
The Town Manager may increase an employee's salary range on the basis of merit
within the range set forth. The Town Manager may also designate the salary rate or
step at which an employee is appointed.
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Section 15. OVERTIME
15.1 Definition: Authorized time worked in excess of forty (40) hours in one (1) week as
defined by the Town and consistent with FLSA shall constitute overtime. Time paid for
but not worked such as paid sick leave and paid holidays shall be included in the
computation of said forty (40) hour workweek.
15.2 Policy: It is the policy of the Town to keep overtime at a minimum consistent with the
efficient operation of the Town. Overtime must be authorized in advance by the
Department Head and must be in compliance with the overtime policy as set forth in the
Town's Personnel Rules and Regulations.
15.3 Overtime Pay: Overtime shall be paid at the rate of pay of time and one-half (1-1/2) the
base hourly salary.
15.4 Compensatory Time: Each employee may elect to convert ten (10) overtime hours per
year to compensating time off. The maximum compensation time hours credited to the
employee shall not exceed thirty-five (35) hours at any time. The use of these hours
shall be by mutual agreement of the employee and the Employer.
15.5 Stand-by Pay: The Town seeks clarification of stand-by pay for Public Works
employees. Within six months of ratification of this agreement, a subsequent side letter
will be agreed upon.
Section 16. TUITION REIMBURSEMENT PROGRAM
Each full-time employee represented by this Memorandum of Understanding, a tuition
reimbursement program shall be offered. The Town will reimburse costs equivalent to
the cost of tuition, books and fees at California State University rates. To qualify for
reimbursement, employees must submit certified transcripts with evidence of a grade of
"C" or better from an accredited college or university and submit bona fide receipts.
This provision shall be suspended for the period July 1, 2011 through June 30, 2012.
Section 17. NOTICE TO EMPLOYEES
Employees shall receive ten (10) working days notice whenever the Town makes a
change in the work schedules.
Section 18. UNIFORMS FURNISHED AND MAINTAINED
18.1 The Town will supply and launder an adequate supply of uniforms for those employees
required to wear them.
18.2 The Town will supply adequate rainwear and rain boots for those employees required to
wear them in the line of duty.
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18.3 The Town will pay up to One hundred Fifty Dollars ($150.00) per fiscal year for work
boots for those employees required to wear them in the line of duty. Replacement shall
be on an as-needed basis, as determined by the Town, but replacement shall not be
unreasonably withheld.
18.4 The Town will reimburse maintenance workers for the cost of safety lenses to their
prescription glasses.
18.5 The Town requires that uniformed (Public Works) employees wear Town provided
uniforms, including pants, shirts, hats, belts and shoes or boots.
Section 19. HEALTH AND SAFETY
Safety equipment is supplied by the Town to its personnel. All employees shall possess
and have immediately available for their use those items of safety equipment, issued
and which are described by Town Regulations. Furthermore, the Town agrees to
provide and maintain a safe and healthy work environment.
Section 20. SENIORITY
20.1 Department Seniority:
Employees shall be placed on the Town seniority list in accordance with their most
recent date of hire.
2. When two (2) or more employees are assigned to the payroll on the same date,
seniority shall be given in accordance with their relative standing on the respective
eligibility list.
20.2 Classification of Seniority:
1. Employees shall be placed on a classification seniority list in accordance with their
most recent date of appointment to the specific classification.
2. When two (2) or more employees are appointed or promoted to the same
classification on the same date, seniority shall be based upon their relative standing
on the respective eligibility list.
Section 21. LAYOFF AND RE-EMPLOYMENT
21.1 Notice of Layoff: The Town Manager shall give at least three (3) weeks' advanced
written notice to employees to be laid off. Such notice shall also be furnished to the
Union.
21.2 Order of Layoff: Layoffs shall be determined by job classification in reverse order of
seniority, as determined by the length of continuous service with the Town in full-time,
non-probationary status. Layoffs and leaves of absence without pay shall be bridged in
computing the employee's length of continuous service.
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21.3 Bumping Rights: An employee who has achieved full-time, non-probationary status at
the time of layoff may displace the least senior employee in the lower classification,
provided that the employee to be laid off has greater seniority than the least senior
employee in the lower classification and further provided that the employee to be laid off
had previously, held permanent status in that lower classification.
21.4 Re-employment: An employee who has achieved full-time, non-probationary status at
the time of layoff shall have his/her name placed on a re-employment list, which shall be
maintained for a minimum of twenty-four (24) months from the time of layoff. Former
employees on the re-employment list shall be called first by seniority to fill openings in
the classification from which the employees were laid off before other candidates are
hired to fill those openings. Employees bumped as a result of a layoff shall be allowed
to return to openings in the position from which they were bumped by seniority at the
salary for the position to which the employee returns. Employees restored to previously
held positions shall be deemed to have returned from a leave of absence for the
purpose of all rights and benefits legally permissible.
Section 22. DISCIPLINARY ACTION
The following procedure shall be adhered to for non-emergency suspensions,
discharges and disciplinary actions of employees:
22.1 Disciplinary Procedure:
1. The concerned employee shall be given written notice of the proposed action within
seventy-two (72) hours of the incident resulting in disciplinary action. Such written
notice shall include a statement of the reasons why the disciplinary action is being
proposed and shall include a copy of the charges being considered by the Town
management in addition to a statement of employee rights appropriate to the
preliminary notice.
2. The employee shall be shown the documents or materials upon which the
disciplinary action is based; and if practical, he or she shall be supplied with a copy
of those documents.
3. After being given a reasonable opportunity to review the documents and materials
set forth in paragraphs 1 and 2 above, the employee shall, within ten (10) days, be
given the right to respond, either orally or in writing (at the option of the employee),
to the authority initially imposing discipline.
4. No discipline shall be imposed, other than emergency suspensions prior to the
conclusion of the opportunity to respond; any discipline then imposed shall be
effective after that time.
22.2 Suspension: The Department Head may suspend an employee without pay from his/her
position at any time for cause, not to exceed three (3) working days in one (1) fiscal
year. Such suspensions shall be reported immediately to the Town Manager. The Town
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Manager may suspend an employee at any time for cause for a period not to exceed
thirty (30) working days in a fiscal year.
22.3 Demotion: The Town Manager may demote an employee whose ability to perform the
required duties of his/her position fall below standard or for disciplinary purposes. No
employee shall be demoted to a position for which he/she does not possess the
minimum qualifications.
22.4 Reduction in Salary: The appointing authority may, within the minimum and maximum
salary range for the position, reduce or decrease the salary level of an employee whose
ability to perform the required duties of his/her position falls below standard, or for
disciplinary purposes.
22.5 Discharge: An employee in the career service may be discharged for cause at any time
by the Town Manager. Any employee who has been discharged shall receive a written
statement of the reasons for such action at the time of discharge.
22.6 Cause for Discipline: Disciplinary action may be taken for causes listed in Section
19572 of the Government Code or for any of the following:
1. Unauthorized absence.
2. Being under a controlled substance while on duty.
3. Neglect of duty.
4. Negligence or willful damage to public property or waste of public supplies or
equipment.
5. Violation of any lawful regulation or order made and given by a line supervisor.
6. Willful violation of any of the provisions of the Ordinance of the Town, these rules, or
other promulgated by the Town Manager as Administrative Orders.
22.7 Appeal: A regular employee may, within ten (10) calendar days after the effective date
of demotion, discharge, reduction in pay, or suspension, file a written appeal with the
Town Manager. The Town Manager may conduct an investigation of the appeal he/she
deems appropriate and make a finding within fifteen (15) calendar days. If the employee
is dissatisfied with such finding, within ten (10) calendar days the employee may file a
written appeal with the Town Council. The Town Council shall hold a hearing within
thirty (30) calendar days thereafter. The Town Council shall render its decision on the
appeal within fifteen (15) calendar days following the hearing and shall notify the
employee and Town Manager in writing of its decision.
Section 23. GRIEVANCE PROCEDURES
23.1 Definition: A grievance shall be defined as any claimed violation, misinterpretation,
inequitable application or non-compliance with provisions of a collective bargaining
agreement, or resolutions, rules, regulations, or existing practices affecting the status or
working conditions of Town employees.
23.2 Right to File and Representation: A grievance may be filed by an employee on the
employee's own behalf, or jointly by any group of employees, or by an employee
organization.
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An aggrieved employee may be represented by any person or organization of the
employee's choice at any stage of the proceedings. A representative of an organization
certified to represent a majority of employees in the representation unit, in which the
aggrieved employee is included, is entitled to be present at all meetings, conferences
and hearings.
The Town shall act as a central repository for all grievance records.
Any time limit may be extended only by mutual agreement of the parties in writing.
23.3 Informal Grievance Procedure: Within five (5) working days of the event precipitating the
grievance, the grievant shall present the grievance informally for the disposition by the
employee's immediate supervisor, or at any appropriate level of authority. Presentation
of an informal grievance shall be prerequisite to the instituting of a formal grievance.
23.4 Formal Grievance Procedure: If the grievant believes that the grievance has not been
redressed through the informal grievance procedure within five (5) working days from
the date the grievant informally presented the event precipitation the grievance to
his/her immediate supervisor, he/she may initiate a formal grievance within five (5)
working days thereafter. A formal grievance can only be initiated by completing and
filing a memorandum with the Department Head. The memo shall contain:
1. Name(s) of grievant
2. Official Job Title(s) and Classification(s)
3. Department(s)
4. Home Mailing Address(es)
5. A clear statement of the nature of the grievance (citing applicable ordinances, rules
or regulations, or contract language)
6. The date upon which the event precipitating the grievance occurred
7. A proposed solution to the grievance
8. The date of execution of the grievance form
9. The signature of the grievant(s)
10. The name of the organization or individual, if any, followed by the signature of the
representative.
Step 1 - Within ten (10) working days after a formal grievance is filed, the Department
Head shall investigate the grievance and confer with the grievant in an attempt to
resolve the grievance and make a decision in writing.
Step 2 - (a) If the grievance is not resolved to the satisfaction of the grievant in Step 1,
he/she may, within not more than five (5) working days from his/her receipt of the
Department Head's decision, request consideration of the grievance of the Town
Manager by notifying the Town Manager. (b) Within ten (10) working days after such
notification, the Town Manager shall investigate the grievance, confer with the
employee affected and their representatives to the extent the Town Manager deems
necessary, and render a decision in writing to the grievant. If the decision does not
resolve the grievance to the satisfaction of the grievant, the grievant may proceed to
Step 3.
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Step 3 - If the grievance is not resolved in Step 1 or Step 2, a final appeal may be filed,
in writing, with the Town Council, not more than five (5) working days from the
employee's receipt of the Town Manager's decision. The Town Council shall, within
thirty (30) days of receiving the grievance, hear and decide upon the grievance. The
Town Council's decision is final and binding in all respects.
No employee shall, as a direct or proximate result of such grievance, suffer dismissal
from the service of the Town, transfer, demotion, reduction in salary, or other
disciplinary action.
Section 24. POSITION RECLASSIFICATION PROCEDURE
The Town of Tiburon seeks to maintain a classification system and process whereby all
positions are accurately classified on the basis of current and ongoing job
responsibilities officially assigned to said position(s).
24.1 Reclassification Procedure: The Appointing Authority or their designee or an incumbent
of a position or the Union on behalf of an employee may request, in writing, a
classification review. This classification review may be requested of the position has not
been revieweing with the previous twelve (12) months and either permanent and
substantial changes have been made in the duties and responsibilities assigned to the
position or there is evidence that the majority (50% or more) of the work being
performed in not appropriate for the position's current classification.
1. All requests for reclassification must be submitted to the Personnel Officer
in writing.
2. Employee initiated reclassification request must first be directed to he
employee's appointing authority. The appoint authority shall forward the
employee's request to the Personnel Officer within ten (10) days of
receipt.
3. The Personnel Officer shall ensure the review (audit) of the employee's
position is completed within sixty (60) calendar days of receipt of the
request in his/her office.
4. Based upon the analysis and evaluation of a position, the Personnel
Officer may recommend that the position be sustained in its current class
or be reclassified (up or down) to the proper classification based upon the
assigned work. The Town Manager or his/her designee shall review all
reclassification recommendations made by the Personnel Officer.
5. Within ten (10) days of receipt of the written audit decision the affected
employee(s) may, in writing, submit a request for review of this decision to
the Town Manager. This request for review must show substantial error
and/or omission on the part of the Personnel Officer. The Town Manager
may render a decision on the appeal on the basis of the written material or
may interview the involved parties to discuss the specific error omission
prior to rendering a decision.
6. The Town Manager shall have final decision-making authority on all
reclassifications.
7. Reclassifications shall become effective the first of the month following
final approval of the action. Any changes of pay as a result of the
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reallocation shall be in accordance with the Town's Personnel Rules and
Regulations in effect at the time.
Section 25. PERSONNEL FILES
An employee or employee's representative, on presentation of written authorization from
the employee, shall have access to the employee's personnel file. The Town shall
furnish copies of all performance evaluation reports and letters of reprimand or warning
to the employee prior to placement of such documents into the employee's personnel
file. The employee shall be required to acknowledge the receipt of any document
entered into the employee's personnel file without prejudice to subsequent arguments
concerning the contents of such documents.
Section 26. AGENCY SHOP/FAIR SHARE FEE
26.1 The Service Employees International Union, SEIU 1021 is the Union representing the
Town's employee's listed in Section 1.1 of this Memorandum of Understanding. It is
recognized that SEIU 1021 owes equal responsibilities to all empldyees in the
representation unit and has a duty to provide fair and equal representation to all
employees in all classes in the unit whether or not they are members of SEIU 1021.
26.2 All employees in the bargaining units represented by SEIU 1021, shall become
members of SEIU 1021 or pay a fair share fee beginning the first pay period after July 1,
1986, and until termination of the contract.
26.3 All new employees hired in the bargaining unit on or after July 1, 1986, shall, beginning
within the first thirty (30) days after such hire date and until the termination of the
contract, either:
1. Become a member of SEIU 1021 and pay dues; or
2. Pay to SEIU 1021 a fair share fee.
26.4 During the term of this agreement, a fair share fee for services rendered by the Union
shall be a percentage of the regular membership dues in accordance with the
Government Code. Each employee shall have provided to him/her without prejudice the
full representational services of the Union. Payments shall be made biweekly by payroll
deduction.
The appropriateness of the amount of the fair share service fee of non-members shall
be reviewed by the Town at the beginning of the year. The parties agree that the fair
share service fee is reasonable and appropriate.
26.5 The provisions specified above shall not apply during period of separation from the
representation unit by any such employee but shall reapply to such employee
commencing with the next full pay period following the return of the employee to the
representation unit. The term separation includes transfer out of the unit, layoff, and
leave of absence with a duration of more than five (5) working days.
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26.6 Temporary and extra hire employees are excluded from the Agency fee contract
provisions.
26.7 Annually, SEIU 1021 shall file with the Town an acceptable SEIU 1021 financial
statement prepared and certified by a Certified Public Accountant. Such reports shall be
made available to employees in the represented unit by SEIU 1021 and the Town.
26.8 SEIU 1021 shall provide advance written notice of the amount of the pending fair share
service fee to the Town.
26.9 The parties agree that a failure of an obligated employee hired after July 1, 1986, in a
bargaining unit to pay a fair share fee shall be grounds for the Union to file an action
against the employee in Small Claims Court subject to the following procedures:
1. SEIU 1021 shall notify the employee (and provide a copy to the Town) of non-
compliance by certified mail, return receipt requested. Said notice shall detail the
non- compliance by explaining that the employee is delinquent in not tendering a fair
share service fee, specifying the amount of the delinquency, and warning the
employee that unless such fees are tendered within thirty (30) calendar days, SEIU
1021 will file an action in Small Claims Court. 0
2. If the employee fails to comply, SEIU 1021 may file an action in Small Claims Court.
3. The Town shall not incur any costs due to Small Claims Court appearances by Town
staff.
26.10 SEIU 1021 shall defend, indemnify and hold the Town harmless against any and all
claims, demands, suits, orders, judgments or other forms of liability that shall arise out
of or by reason of, action taken or not taken by the Town under this article. This
includes not only the Town's attorney fees and costs but the cost of management
preparation time as well. The Town shall notify SEIU 1021 of such costs on a case by
case basis.
26.11 The authorization for payroll deductions shall specifically require the employee to agree
to hold the Town harmless from all claims, demands, suits or other forms of liability that
may arise against the Town for or on account of any deduction made from the wages of
such employee.
26.12
1. An election to implement the provisions of this Section shall not prohibit or restrict an
election to rescind this provision as provided by Section 3502.5 of Government Code
as follows: An Agency Shop provision in a Memorandum of Understanding which is
in effect may be rescinded by a majority vote of all the employees in the unit covered
by such Memorandum of Understanding, provided that: (1) a request for such a vote
is supported by a petition containing the signatures of at least thirty (30) percent of
the employees in the unit; (2) such vote is by secret ballot; (3) such vote may be
taken anytime during the term of such Memorandum of Understanding, but in no
event shall there be more than one (1) vote taken during such term.
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2. All employees holding probationary or regular status in classifications included in the
unit, on the last day of the pay period thirty (30) days prior to the holding of the
election, shall be eligible to vote in a certification or a decertification election.
3. The ballot shall reflect a choice with the following wording:
a. I vote in favor of agency shop/fair share fee;
b. I vote against agency shop/fair share fee.
26.13 Religious Exemption: Rather than pay dues or a fair share/agency fee, an employee
may opt to pay a fee to a charity under the following criteria:
1. Execute a written declaration with proof that the employee is and has been a
member of a bona fide religious, body, or sect which holds a conscientious objection
to joining or financially supporting any public employee organization as a condition of
employment, and said employee shares that belief; and
2. Pay a sum equal to the agency fee to a non-religious, non-labor charitable fund
chosen by the employee from those charities listed within United Way or CHAD. The
employee shall furnish written proof to the Town and SEIU 1021 that his/her
contribution has been made either on a biweekly payroll deduction basis or as one
(1) annual payment made within thirty (30) days of the beginning of each new
contract year.
26.14 This agency shop/fair share fee provision expires at the end of this contract period.
Section 27. FULL UNDERSTANDING. MODIFICATION. WAIVER
27.1 The parties jointly represent to the Town Council that this Memorandum of
Understanding sets forth the full and entire understanding of the parties regarding the
matters set forth herein.
27.2 Except as specifically otherwise provided herein, it is agreed and understood that each
party hereto voluntarily and unqualifiedly waives its rights and agrees that the other
shall not be required to meet and confer with respect to any subject or matter covered
herein, nor as to wages or fringe benefits during the period of the term of this
Memorandum. The foregoing shall not preclude the parties hereto from meeting and
conferring at any time during the period of this Agreement with respect to any subject
matter within the scope of the meeting and conferring for a proposed Memorandum of
Understanding between the parties to be effective on or after November 2, 2005.
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SIGNATURE PAGE
MARIN ASSOCIATION OF PUBLIC EMPLOYEES, SEIU, LOCAL 949
David deTomasi, Town of Tiburon
DATE
Shop Steward, SEIU 1021
Rob Roland, Town of Tiburon
DATE
Shop Steward, SEIU 1021
Paul Carrol, Union Representative
DATE
SEIU 1021
TOWN OF TIBURON
Margaret A. Curran„ Town Manager
DATE
Town of Tiburon
Heidi Bigall, Director of Admin. Services
DATE
Town of Tiburon
APPROVED AS TO FORM:
Ann R. Danforth, Town Attorney
DATE
Town of Tiburon
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EXHIBIT "A"
Section 10.4. Payment for Unused Sick Leave.
Examples:
Employee A has 2000 hours sick leave on the books at 7/1/11. He/she is eligible for 480
hours cash out. Employee's hourly rate is $30/hour. Amount eligible for cash out is
$14,400 upon separation. Employee may elect to leave this amount on the books, or if
they have over 15 years service with the Town they may cash out 60% of these hours in
2011 or 2012. This would amount to cashing out 288 (480 X 60%) hours @ $30/hour for
a total of $8,640. Employee A's sick leave balance would be reduced by 288 hours to
1,712. They would no longer be eligible for compensable sick leave. They would
continue to accrue unlimited sick leave which will be turned into service credit if they
retire from the Town. If employee A leaves the amount on the books, they will be
eligible for the payment of 480 hours @ $30/hours upon separation from the Town,
providing they have a minimum of 960 hours sick leave on the books at that time.
Should the employee have less than 960 hours, they will be compensated 50% of those
hours at $30/hour.
Employee B has 200 hours sick leave on the books at 7/1 / 11. He/she is eligible for 100
hours cash out (50% of 200 hours). Employee's hourly rate is $30/hours. Amount
eligible for cash out is $3,000 upon separation. Employee may elect to heave this amount
on the books, or if they have over 15 years service with the Town they may cash out 60%
of these hours in 2011 or 2012. This would amount to cashing out 60 hours (100 X 60%)
at $30/hour for a total of $1,800. Employee would no longer be eligible for compensable
sick leave. Employee B's sick leave balance would be reduce by 60 hours to 140. They
would continue to accrue sick leave which will be turned into service credit if they retire
from the Town of Tiburon. If employee B leaves the amount on the books, they will be
eligible for the payment of 100 hours @ $30/hours upon separation from the Town,
providing they have a minimum of 200 hours sick leave on the books at that time.
Should the employee have less than 200 hours, they will be compensated 50% of those
hours at $30/hour.
Employee C has 70 hours on the books at 7/1/11. They are eligible for cash payment of
35 hours. Employee C's hourly rate is $30/hours. Amount eligible for cash out is
$1,050. Employee C has 15 years service with the Town. They are not eligible for 60%
cash payment. Upon separation or retirement with the Town, Employee C will be paid
for 35 hours sick leave at $30/hour, provided they have a minimum of 70 hours on the
books at that time. If they have less hours they will be paid 50% of the hours at
$30/hour.
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Office of the Town Manager
Administrative Services Department
Town Council Meeting
Ju16 6, 2011
Agenda Item: J
CC
Recommendation to Approve the Memorandum of Understanding between
the Town of Tiburon and the Tiburon Police Association for FY 2011-12
The Town negotiating team and the Tiburon Police Association team have reach agreement on a
one-year contract that is consistent with the guidelines authorized by the Town Council. A
summary of the key elements of the MOU follows:
1. Term of Agreement
July 1, 2011 through June 30, 2012.
2. Compensation
No increase to current salary ranges.
3. Vacation Cash-Out Incentive Program
Employees of the Unit will no longer be eligible to purchase vacation leave of up to
10 days per year. Section 11.3 of the previous MOU has been deleted.
4. Payment for Unused Sick Leave
Employees of the Unit hired prior to September 19, 2001 are eligible to receive
payment for 50% of their sick leave on the books upon separation of employment with
the Town and having 15 years service, or upon service retirement from the Town with
no minimum service requirement. Employees are eligible to receive payment for up
to 60 days of sick leave.
Effective July 1, 2011, employees who are eligible for the above benefit shall have
this payment capped at their current hourly rate and number of eligible hours. This
will cap the future liability associated with this benefit. In addition, if any employee
has 15 years of service with the Town, they may chose an early cash-out option of this
TOWN OF TIBURON PAGE 1 OF 2
V 6, 0 11
benefit, and receive 60% of the value of their sick leave that is calculated as of July 1,
2011. They will not receive any further compensation for this benefit upon separation
or retirement.
5. Tuition Reimbursement Program
The Town has suspended this program for the current contract period.
6. Disciplinary Action
Changes language to allow the Chief of Police to suspend, demote or reduce the salary
of an employee of the Unit. Currently the Town Manager issues disciplinary action
and acts as the first line of appeal authority.
It must be mentioned that Town Management is very appreciative and proud that the Tiburon
Police Association has again agreed to be part of the solution to the Town's budgetary
difficulties. The concessions made by the TPOA as part of this agreement will provide the Town
a foundation for building a stronger financial position as the Town as a whole weathers this
difficult post-recessionary period.
FISCAL IMPACT
Over the course of this one-year agreement the total cost savings to the Town are anticipated to
be $15,000 for this bargaining group. There are additional future benefit savings that also will be
realized, but not determined at this time
RECOMMENDATION
Staff recommends that the Town Council:
Approve the Memorandum of Understanding between the Town and the Tiburon
Police Association and authorize the Town Manager to execute the Agreement
Exhibit
1. Draft MOU between the Town and Tiburon Police Association
Prepared by,
Heidi Bigall
Director of Administrative Services
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF TIBURON
AND
THE TIBURON POLICE ASSOCIATION
PREAMBLE
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-
Brown Act, by and between the Town of Tiburon and the Tiburon Police
Association the Day of 2011.
The parties have met and conferred in good faith regarding wages, hours, and
other items and conditions of employment of the employees in the Tiburon Police
Department and have exchanged freely information, opinions, and proposals and
have endeavored to reach agreement on all matters relating to the employment
conditions and Employer-Employee relations of such employees.
This Memorandum of Understanding -shall be presented to the Town Council as
the joint recommendation of the undersigned for salaries, fringe benefits, and
working conditions of all employees.
This Memorandum of Understanding and following agreements shall not become
effective until approved by the Tiburon Town Council and Tiburon Police
Association.
Section 1. Recognition
tion
1.1 Association Recognition
The Town recognizes the Association as the majority representative of the sworn
and non-sworn employees of the Tiburon Police Department, excluding the
classifications of Chief of Police, Police Captain, Secretary, Emergency Services
Coordinator and Police Officer Trainee. The category of sworn police personnel
represented by the Association includes the classifications of sergeant and patrol
officer. All other police personnel represented by the Association are considered
non-sworn.
1.2 Dues Deduction
The Town shall, in a payroll deduction made twice each month, deduct the amount
of Association dues or fees as specified by the Association and authorized by each
affected employee in accordance with rules and regulations to implement the
Employer-Employee relations ordinance. Said deductions are to be made without
fee charged to the Association. The Association agrees to hold the Town harmless
from any liability arising from such deduction.
Section 2. Association Represented Employee Rights
2.1 The Association has the right to represent its members before the Town Council or
advisory boards or commission or the Town Manager or his/her designee with
regard to wages, hours, and working conditions or other matters within the scope
of representation.
2.2 The Association has the right to be given reasonable written notice of any
proposed ordinance, rule, resolution, or regulation, or amendment thereto, relating
to matters within the scope of representation.
2.3 The Association has the right to reasonable access to employee work locations for
officers of the Association and the officially designated representatives for the
purpose of processing grievances or contacting members of the Association
concerning business within the scope of representation. Access shall be restricted
so as not to interfere with the normal operations of the Department, Town or
established safety or security requirements.
2.4 Employees represented by the Association shall be free to participate in
Association activities without interference, intimidation, or discrimination, in
accordance with State law and Town policies, rules, and regulations.
Section 3. Management Rights
Except as otherwise provided in this Agreement, the rights of the Town include, but
are not limited to, the exclusive right to determine the mission of its constituent
department, commission, and boards; set standards of service; determine the
procedures and standards of selection for employment and promotions; direct its
employees; take disciplinary action; relieve its employees from duty because of
lack of work or for other legitimate reasons; maintain the efficiency of government
operation; determine the methods, means and personnel by which government
operations are to be conducted; determine the content of job classifications; take
all necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the technology of
performing its work, including contracting for specified services.
The Town maintains the right to use qualified volunteers or reserves in the Police
Department service, provided such use does not adversely affect wages, hours,
and other terms and conditions of employment. Use of said individuals shall be in
accordance with State law and Police Department regulations.
Nothing contained within this Section is intended to, in any way, supersede or
infringe upon the rights of the recognized employee organization as provided
under State and Federal law, including, but not limited to, California State
Government Code Sections 3500 through 3510, inclusive.
Section 4. No Discrimination
There shall be no discrimination because of race, creed, color, national origin, sex,
or legitimate Association activities against any employee or applicant for
employment by the Town or by the Department or by anyone employed by the
Department; and to the extent prohibited by applicable State and Federal law,
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there shall be no discrimination because of age. There shall be no discrimination
against any handicapped person solely because of such handicap unless that
handicap prevents the person from meeting the minimum standards established.
Section 5. Scope of Agreement
5.1 Term:
This Agreement shall be in effect from July 1, 2011 through June 30, 2012.
5.2 Procedure for Meet and Confer:
The Town, through its representatives, shall meet and confer in good faith with
representatives of the Association regarding matters within the scope of
representation, including wages, hours, and other terms and conditions of
employment, in accordance with the provisions of the Meyers-Milias-Brown Act.
The Tiburon Police Association shall submit their next contract proposal changes
to the Town Manager by no later than March 1, 2012. The Town shall commence
contract negotiations no later than 45 days following receipt of contract proposal.
Section 6. Medical/Dental/Life and LTD Benefits Plan
For hospital/medical insurance the Town shall contribute a dollar amount not to
exceed the Kaiser two-party premium. For dental insurance the Town will
contribute the dollar amount equal to the employee family premium. For life
insurance the town will contribute an amount equal to the premium of the Town's
group $15,000 term life insurance policy. Part-time employees shall receive a
prorated amount of this monthly allowance based on their full-time equivalence.
6.1 Medical/Hospital Insurance:
The Town of Tiburon offers its employees and their dependents medical/hospital
insurance coverage. A full-time employee may choose a plan from those offered
through the Public Employees Retirement System (PERS) Health Benefit plans. If
the full sum specified in Section 6 above is exceeded for group insurance cost of a
given employee and dependents, then that employee shall pay the balance of the
monthly cost via a special twice per month payroll deduction for all full-time
employees and their dependents. Such insurance is mandatory for all full-time
employees.
6.2 Dental Insurance:
The Town of Tiburon offers its full-time employees and their dependents a dental
plan. Such insurance is mandatory for all full-time employees.
6.3 Life Insurance:
The Town of Tiburon offers a Fifteen Thousand Dollar ($15,000) life insurance
policy. Such insurance is mandatory for all full-time employees.
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6.4 Disability Insurance:
The Town of Tiburon offers its full-time employees long term disability insurance.
Such insurance is mandatory for employees in the sergeant and patrol officer
classification and optional for all others.
6.5 Change in Employee Benefit Plans:
From time to time, at its option, the Town intends to evaluate the hospital-medical,
dental, life, and long-term disability insurance plans currently available to
employees to determine if similar or better coverage may be available at a lower
cost to the Town. The Town may substitute new insurance carriers or arrange for
self-insurance provided that the overall coverage is equal to or superior to the
present coverage and provided that the Town meets with the Association to
consult on any new plan before it is implemented.
Section 7. Retirement Proaram
7.1 Scope of Benefits:
The Town of Tiburon provides the 3% @ Age 55 Cal-PERS Local Safety
retirement formula for sworn personnel, and the 2% @ Age 55 Local
Miscellaneous retirement formula for full-time non-sworn personnel covered under
this Memorandum of Understanding. Part-time employees covered under this
Memorandum of Understanding shall accrue retirement benefits under the Town's
part-time, seasonal, temporary employee retirement plan administered by the
Hartford Life Insurance Company.
Effective July 1, 2010 each employee covered under the Local Safety 3% @ 55
coverage group shall pay their 9% normal member contribution. This employee
contribution will be made pursuant to Internal Revenue Code (IRC) 414(h)(2),
which allows the contribution to be made on a pre-tax basis.
Effective July 1, 2010 each employee covered under the Local Miscellaneous 2%
@ 55 coverage group shall pay their 7% normal member contribution. This
employee contribution will be made pursuant to Internal Revenue Code (IRC)
414(h)(2), which allows the contribution to be made on a pre-tax basis.
Part-time employees contribute 3.75% to the part-time, seasonal, temporary
retirement plan, with the Town providing a matching contribution.
The Town of Tiburon provides sworn employees retirement benefits based on the
Cal-PERS three (3) year average salary calculation.
The Town provides the single highest year retirement calculation for Local
Miscellaneous Members covered under this Memorandum.
The Town of Tiburon provides the following additional Cal-PERS benefits to
employees covered under this Memorandum of Understanding:
1. 1959 Survivors Benefits
2. Death Benefits - $600
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3. Unused Sick Leave Service Credit
7.2 Paid Medical at Retirement
For full time employees hired into Association represented classifications prior to
September 19, 2001, the Town of Tiburon will contribute toward a retired
employee's medical insurance plan based on the following conditions:
1. The employee must retire directly from employment with the Town of Tiburon
and apply to PERS for service retirement benefits.
2. The retiree's medical allowance is fixed and capped at the Kaiser single rate
-that is in effect at the time of the employee's retirement. The allowance will be
remitted monthly from the Town to the retiree.
Should Kaiser no longer be provided through the Town's cafeteria program, a
similar low-cost HMO provided will be substituted.
3. The Town contribution rate is based on the following formula:
A. After 15 years service to the Town of Tiburon, the emplgyee/retiree will
receive 50% of the value of the Kaiser single rate.
B. After 20 years service to the Town of Tiburon, the employee/retiree will
receive 75% of the value of the Kaiser single rate.
C. After 25 years service to the Town of Tiburon, the employee/retiree will
receive 100% of the value of the Kaiser single rate.
For full time employees hired into Association represented classifications after
September 19, 2001 but before July 1, 2010, the Town of Tiburon will contribute
toward a retired employee's medical insurance plan, based on the following
conditions:
1 The employee must retire directly from employment with the Town of Tiburon
and apply to PERS for service retirement benefits.
2. The retiree's medical allowance is fixed and capped at the Kaiser single rate
that is in effect at the time of the employee's retirement. The allowance will be
remitted monthly from the Town to the retiree.
Should Kaiser no longer be provided through the Town's cafeteria program, a
similar low-cost HMO provided will be substituted.
3. The Town contribution rate is based on the following formula:
A. After 15 years service to the Town of Tiburon and the accrual of 720 hours
sick leave, the employee/retiree will receive 50% of the value of the Kaiser
single rate.
B. After 20 years service to the Town of Tiburon and the accrual of 960 hours
of sick leave, the employee/retiree will receive 75% of the value of the
Kaiser single rate.
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C. After 25 years service to the Town of Tiburon and the accrual of 1200 hours
of sick leave, the employee/retiree will receive 100% of the value of the
Kaiser single rate.
Any employee hired into an Association represented classification after July 1,
2010 will not be eligible to receive a paid medical allowance upon retirement,
irrespective of length of service.
7.3. Retirement Medical Trust
The Town of Tiburon agrees to establish a Retirement Medical Trust for voluntary
employee contributions. Such trust shall be established upon the Tiburon Police
Association meeting the selected administrator's minimum requirements.
Section 8. Holidays
8.1 In accordance with Government Code and the Town Personnel Rules and
Regulations, sworn personnel of the Town shall observe the following holidays on
the dates indicated below:
HOLIDAY
Independence Day
Labor Day
Admissions Day
Columbus Day
Veterans Day
Thanksgiving
Christmas
New Year's Day
Martin Luther King Day
Lincoln's Birthday
President's Day
Memorial Day
DATE OBSERVED
July 4
1st Monday in September
September 9
2nd Monday in October
November 11
4th Thursday in November
December 25
January 1
3rd Monday in January
February 12
3rd Monday in February
Last Monday in May
In accordance with Government Code and the Town Personnel Rules and
Regulations, non-sworn personnel covered under this Memorandum of
Understanding shall observe the following holidays indicated below:
HOI IDAY
Independence Day
Labor Day
Veteran's Day
Thanksgiving
Day After Thanksgiving
Christmas Eve
Christmas
New Year's Eve
New Year's Day
Martin Luther King Day
President's Day
DATE OBSERVED
July 4
1st Monday in September
November 11
4th Thursday in November
4th Friday in November
December 24
December 25
December 31
January 1
3rd Monday in January
3rd Monday in February
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Memorial Day Last Monday in May
8.3 Payment for holidays to sworn personnel shall be made, at the employee's option,
as either eight (8) hours additional salary included in the pay period during which
the holiday falls or eight (8) hours additional vacation shall be added to the
employee's vacation accrual.
8.4 The position of Police Service Aide will receive the Holiday off and not the Holiday
pay.
Section 9. Sick Leave
Sick leave shall not be considered as a right which an employee may use at
his/her discretion, but shall be allowed only in the case of necessity or actual
sickness or disability, and in the case of disability other than sickness, only where
such disability occurred while the employee was not gainfully employed elsewhere.
9.1 Use of Sick Leave:
Sick leave may be taken for absences from duty made necessary by:
1. Personal illness, caused by factors over which the employee has no
reasonable immediate control.
2. Injury not incurred in line of duty, except where traceable to employment other
than the Town.
3. Medical, dental or eye examination or treatment for which appointment cannot
be made outside of working hours.
4. Death of a close relation as defined in the Town's Personnel Rules &
Regulations.
5. Hospitalization of a close relation as defined in the Town's Personnel Rules &
Regulations or any member of the employee's household, where the Chief of
Police or his/her designee approves such leave.
6. Care of a close relation as defined in the Town's Personnel Rules &
Regulations, or any member of the employee's household who is ill or injured,
though not hospitalized, where the Chief of Police or his/her designee approves
such leave.
9.2 Sick Leave Accumulation:
Sick leave with pay shall be granted to all full-time employees who have served six
(6) months, except as hereinafter provided. An employee shall accumulate eight
(8) hours sick leave per month from date of hire until terminated or on leave
without pay. Employees hired on a part-time basis shall accrue a pro-rated share
of sick leave based on their full-time equivalent. Employees who are absent
without pay for any reason more than ten (10) working days during a calendar
month, shall not accumulate sick leave for that month.
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9.3 Holidays During Sick Leave:
Holidays and regular days off occurring while an employee is on sick or special
leave shall not be charged against such employee's sick leave credits.
9.4 Payment for Unused Sick Leave:
For each full-time classification represented by the Tiburon Police Association and
hired prior to September 19, 2001, an employee may receive payment of fifty
percent (50%) of the value of their unused sick leave up to a maximum of 480
hours if the following conditions are met:
1. The employee files for service retirement from the Town, or
2. The employee voluntarily separates from the Town and has at least fifteen (15)
years service with the Town.
Effective July 1, 2011, the cash value of this benefit will be determined based on
each employee's hourly rate and number of eligible hours for cash-out purposes
(50% of sick leave balance, up to 60 days or 480 hours). This value will be
documented and the value capped. This value cannot grow through additional
accrued sick leave or though increases in hourly pay rate. Employees with 15
years or more service with the Town may request a cash-out of 60% of the
eligible hours (early cash-out option). Should an employee request the early
cash-out of 60% of the eligible sick leave hours, they will not be entitled to any
further sick leave cash-out upon retirement or separation of employment with the
Town. Those hours cashed out will be deducted from the employees sick leave
balance. If an employee is not eligible for, or elects not to take, the early cash-
out option, they shall be paid the frozen dollar value upon separation of
employment with the Town. The only way the frozen dollar amount can be
lowered is if an employee has less accrued sick leave hours upon separation of
employment than they do on July 1, 2011. For tax planning purposes, should an
employee desire to take the early cash out option, they will be allowed to take
this payment in either 2011 or in January 2012. For purposes of providing
examples of this section, attached to this MOU is Exhibit "A.
For each full-time classification represented by the Tiburon Police Association and
hired after September 19, 2001, an employee may accrue unlimited sick leave with
no option for payment of unused sick leave upon retirement or separation of
employment with the Town.
9.5 Termination of Sick Leave:
Sick leave shall automatically terminate on the date of retirement or on the date
upon which an ordinary disability allowance under the retirement system becomes
effective.
9.6 Sick Leave Notification and Proof of Illness:
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In order to receive compensation while on sick leave, the employee shall notify
his/her immediate superior, prior to or at the time set for beginning his/her daily
duties, or as may be specified by the Chief of Police or his/her designee, of the
reason for requiring such leave and failure to reasonably do so may be grounds for
denial of such leave with pay.
9.7 Proof of Illness:
In any request for sick leave with pay for three (3) or more calendar days, the Chief
of Police or his/her designee may require a statement in writing signed by a
licensed physician, or the submission of the substantiating evidence that the
employee is incapacitated and unable to perform his/her duties. The Town has the
right to determine by reasonable means the validity of any sick leave usage by any
employee at any time.
Section 10. Leave With Pay
The following provide for leave with pay:
10.1 Military Service:
Military leave shall be granted in accordance with State and Federal statutes.
P
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10.2 Jury Duty:
At the call of the Jury Commissioner, all employees occupying authorized regular
positions shall be allowed to leave for jury duty upon presentation of jury notice to
the Chief of Police or his/her designee or Town Manager. The employee shall
receive full pay for the time served on the jury. Monies received from the courts by
the employee for jury duty will be deposited with the Town of Tiburon.
10.3 Vacation Leave:
All regular employees occupying a position shown in the Annual Salary Program
become eligible for vacation leave with pay as shown in Section 11 below.
Section 11. Vacation
All regular employees are eligible for vacation leave with pay as shown below:
11.1 Vacation Leave Accrual:
Vacation leave with pay shall be credited to all full-employees at the following
rates:
First five (5) years service - eight (8) hours per month
Second five (5) year service - twelve (12) hours per month
Third five (5) years service - thirteen and one-third (13113) hours per month
Part-time employees hired into an Association represented classification shall
accrue the pro-rated share of vacation leave accumulation above based upon their
full-time equivalent.
Vacation leave shall be credited to each employee's account monthly.
11.2 Payment for Unused Vacation Time:
When an employee with six (6) months service terminates, fractional periods of
vacation shall be calculated and credited to the employee's account.
Compensation will be at the employee's daily rate of pay.
11.4 11.3 Vacation Leave Accumulation:
Vacation leave for employees with less than five (5) years service may not be
accumulated beyond two hundred hours. For employees with more than five (5)
years service, vacation leave may not be accumulated beyond two hundred and
eighty hours; providing the Town Manager may require two (2) of those weeks to
be taken at a separate time. Employees who are on leave or suspension without
pay for more than ten (10) working days in any calendar month shall not
accumulate vacation leave for that month.
11.5 Sickness During Vacation Leave:
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Sickness occurring during vacation leave, upon doctor's certification, will be
considered sick leave and not be charged against vacation leave.
11.6 Vacation Leave Scheduling:
Requests for vacation leave shall be submitted in advance by the employee in
writing to the Chief of Police or his/her designee, who shall approve the time
employees may take their vacation.
Section 12. Salary
The monthly salary ranges for each represented classification shall be:
TITLE
A
B
C
D
E
Sergeant
6,677
7,010
7,361
73729
8,115
Officer
5,574
5,852
6,145
6,452
6,775
Police Service Aide
4,013
4,214
4,424
4,646
4,878
12.2 Advancement Within Salary
Range:
The following criteria shall apply to advancement within salary ranges of individual
employees who are on a step plan:
Step A: Employees generally shall be hired at Step A of their
respective pay range.
Step B: Employees shall be eligible for advancement to Step B upon
completion of six (6) months satisfactory performance as
documented by a written performance evaluation, affirmed by
the Chief of Police or his/her designee, and approved by the
Town Manager.
Additional Steps: Employees shall be eligible for advancement from Step B to
higher steps in their respective pay range after completion of
one (1) year satisfactory performance at the previous step as
documented by a written performance evaluation, affirmed by
the Chief of Police or his/her designee, and approved by the
Town Manager.
The Town Manager may increase an employee's salary on
the basis of exceptional merit within the employee's
respective pay range. The Town Manager may also
designate the salary rate or step at which an employee is
appointed.
Section 13. Longevity Pay
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For the classifications of Police Officer and Police Sergeant, the Town will
recognize tenure in the form of longevity pay and will compensate employees by
the fixed monthly amount below:
Upon the completion of five (5) years service to the Town
$125
Upon completion of ten (10) years service to the Town
$150
Upon completion of fifteen (15) years service to the Town
$175
Upon completion of twenty (20) years service to the Town
$200
Section 14. Overtime
14.1 Definition:
For the classifications of Police Officer and Police Sergeant assigned to a 3/12
work schedule:
Authorized time worked in excess of eighty-four (84) hours in a fourteen day work
period. Time paid for but not worked such as paid sick leave, vacation leave and
comp time leave shall be included in the computation of said eighty-four (84) hour
work period.
For the classification of Police Service Aide:
Authorized time worked in excess of eighty (80) hours in a fourteen day work
period. Time paid for but not worked such as paid sick leave, vacation leave and
compensatory time leave shall be included in the computation of said eighty (80)
hour work period.
Traditionally, the classification of Police Service Aide and precursor classifications
worked a traditional 5-40 work schedule. The Town implemented a 9-80 work
schedule in October 2003. The Town reserves the right to discontinue the 9-80
work schedule and return to the 5-40 work schedule in whole or in part at any time
during the length of this contract
14.2 Policy:
It is the policy of the Town of Tiburon to keep overtime at a minimum consistent
with the protection of the lives and property of Tiburon citizens and the efficient
operation of the Department. Overtime must be authorized by the Chief of Police
or his/her designee and be in compliance with the overtime policy as set forth in
the Town's Personnel Rules and Regulations.
14.3 Overtime Pay:
Overtime pay shall be paid at the option of the employee based on the rate of pay
at time and one-half (1-1/2) or compensatory time at time and one-half (1-1/2) off.
14.4 Standby Time:
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"Standby Time" is defined as that period of time an employee is required to leave
work where he/she may be contacted to return to work if needed within a
reasonable period of time. Standby time will be computed at .25 hours of each
hour of standby time (1 hr: 4hrs). Standby time will be compensated at straight
compensatory time off (CTO) only.
14.5 Court Time:
The minimum hours of compensation for court time on other than duty time shall
be four (4) hours. Court time shall be computed at the time and one-half (1-1/2)
rate and compensated as either compensatory time off or cash payment, at the
employee's choosing.
For any employee who is subpoenaed to appear in court and such appearance is
cancelled, but not by 1800 hours the day before, said employee shall be credited
with 2 hours non-premium compensatory time.
14.6 Call Back Time:
Any employee who has departed from his/her work location and is called back is
guaranteed a minimum of two (2) hours compensation. Employges who do not
receive twenty-four (24) hour advance notice of cancellation of department
scheduled non-emergency call back will receive call back time.
Section 15. Special Meal Allowance
15.1 For the classification of Police Officer and Police Sergeant directed to work a
special twelve (12) hour overtime shift will be eligible for meal reimbursement not
to exceed fifteen dollars ($15). This allowance applies only to a twelve (12) hour
shift that is not the employee's normal working shift. For the classification of Police
Service Aide directed to work twelve (12) or more continuous hours by the Chief of
Police or his/her designee in a twenty four (24) hour period (commencing from
0100 to 2400 hours) without an eight hour break, will be eligible for meal
reimbursement not to exceed Fifteen Dollars ($15)
15.2 A receipt must be obtained for any meals purchased or this allowance will be
disallowed.
15.3 This allowance applies only to regular shift duty worked. This allowance
specifically excludes court time activity, range activity, standby activity, meetings,
or other non-regular shift duty.
Section 16. Education Incentive Program
16.1 For the classifications of Police Officer and Police Sergeant, the following
education/certification incentive program will be compensated by the fixed monthly
amount below:
Possession of POST Intermediate Certificate/Assoc of Arts/Science Degree $150
Possession of POST Advanced Certificate/Bachelor of Arts/Science Degree $200
Possession of POST Supervisory Certificate/Master of Arts/Science Degree $200
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If an employee is eligible for more than one certificate/degree incentive pay, the
employee will be compensated at the higher rate, not the combined total.
Section 17. Tuition Reimbursement Program
Effective December 1, 2004, for each full-time classification represented by the
Tiburon Police Association, a tuition reimbursement program shall be offered for
the matriculation of an Associate or Bachelor's degree. Tuition reimbursement for
advanced degrees must be approved in advance by the Chief of Police and the
Town Manager.
The Town will reimburse costs up to $1,200 annually for the equivalent to the cost
of tuition, books and fees at California State University rates. To qualify for
reimbursement, employees must submit certified transcripts with evidence of a
grade of "C" or better from an accredited college or university and submit bona fide
receipts. Employees currently enrolled in an advanced degree program as of
December 1 „ 2004 shall not be subject to the annual $1,200 cap on tuition
reimbursement during the pursuit of the advanced degree currently enrolled.
The provisions of this section are suspended for the period July 1, 2011 through
June 30, 2012.
Section 18. Uniform Maintenance Allowance
The Town will provide an adequate supply of uniforms and pay for necessary
cleaning, as determined by the Chief of Police or his/her designee, for all
classifications covered under this MOU.
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Section 19. Special Pay
The Town shall compensate for the following specialty pays:
One hundred Dollars ($100) per month shall be paid to the person(s) assigned by
the department to provide the special services listed below:
1. Motorcycle Officer
2. Investigator/Juvenile Officer
In the event that the department eliminates the position of Investigator, the employee
assigned as the Juvenile Officer would receive the above specialty pay. In the event that
an officer other than the investigator is assigned to the Juvenile Officer position, that
officer would also be entitled to the above specialty pay.
19.2.1 Person assigned as Field Training Officer (FTO) shall be paid an additional Twenty
Dollars ($20) per shift. No more than two (2) Field Training Officers shall be
assigned to any one (1) shift.
19.2.2 Town shall provide bi-lingual pay of Ten Dollars ($10) per shift that bi-lingual
translation services are provided. In order to qualify for this pay, translation
services must be approved by the duty Sergeant or higher ranking management
position. Any employee wishing to be compensated for bi-lingual skills must first
pass a proficiency test that certifies the employee as fluent in such language. If an
employee certified in a foreign language is called at home to provide translation
services, said employee shall be eligible for a minimum of one hour overtime.
19.3 Shift Differential
Police Officers and Sergeants assigned to the 6:00 PM to 6:00 AM shift shall be
entitled to a One Hundred Twenty-five Dollars ($125) per month shift differential
Section 20. Safety Equipment
20.1 Safety Equipment
The Town of Tiburon shall supply safety equipment to its Police Officer and
Sergeant personnel. All Police Officers and Sergeants shall possess and have
immediately available for their use those items of safety equipment determined to
be necessary by the Chief of Police or his/her designee.
20.2 Duty Footwear:
The Town will pay up to One Hundred Twenty-five Dollars ($125.00) each fiscal
year for duty footwear for personnel. Replacement shall be on as-needed basis,
as decided by the Chief of Police or his/her designee, but replacement shall not be
unreasonably withheld.
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Section 21. Hours of Work
21.1 Normal Work Schedule for Non-Sworn Personnel
The normal work schedule for employees occupying full time positions shall
consist of eighty (80) hours to be worked in a fourteen (14) day work period.
The normal workday for all non-sworn employees shall consist of not more than
nine (9) hours.
21.2 Normal Work Schedule for Sworn Personnel
Sworn personnel work in accordance with FLSA 7k work period exemption
consisting of fourteen (14) days commencing on Monday and ending fourteen (14)
days later on Sunday. A typical workday for Sergeants and Officers assigned to
patrol consists of twelve (12) hours per shift.
Typically, each shift will normally work three twelve (12) hour shifts, or thirty-six
(36) hours, followed by four (4) days off and will then work four (4) twelve (12) hour
shifts or forty-eight (48) hours, followed by three (3) days off, within,a fourteen (14)
day work period. Typically, one team will work on Sunday, Monday, Tuesday and
every other Wednesday. Typically, the other team will work Thursday, Friday,
Saturday and every other Wednesday, dependent upon the needs of the
department.
Police Sergeants and Police Officers assigned to the above twelve (12) hour shift
schedule will be assigned twelve (12) hours of working time off during each six (6)
week period, as scheduled by the Chief of Police or his/her designee.
The following illustrates a typical work period:
WEEK 1
Sunday
J
Monday
Tuesday
Wed.
Thurs.
Friday
Saturday
ON
ON
ON
OFF
OFF
OFF
OFF
WEEK 2
Sunday
Monday
Tuesday
Wed.
Thurs.
Friday
Saturday
ON
ON
ON
ON
OFF
OFF
OFF
There are periods in which the need to augment personnel away from the above
illustrated typical shift occurs. Personnel may be designated to serve on various
shifts at the direction of the Police Chief or his/her designee at any time.
Scheduling of individual officers within the working schedule of shift rotation is
subject to change at any time. Changes may occur during periods of personnel
absence due to vacation, training, illness, injury, scheduling days off,
compensatory time off, resignation or other unforeseen circumstances. Changes in
the typical work schedule may also occur as a result of special needs of the
department in order to address service to the community. Sworn personnel may be
assigned to work hours and/or days other than those listed above. An example
could be 1500 hours to 0300 hours and/or Tuesday, Wednesday and Thursday.
16
Sworn patrol personnel will receive at least three (3) calendar days off between
scheduled work weeks. Except in times of emergency as defined by a supervising
officer, no Sergeant or Officer shall work more than twelve (12) hours on patrol
without an intervening break of at least eight (8) hours. Changes in the days or
hours of the regular work schedule of an employee shall entitle such employee to
regular overtime compensation at the rate on one and one-half (1 1/2) for any hours
worked outside the employee's regular work schedule unless the Town has posted
the change in the schedule seven (7) days prior to the change. No advance notice
to employees by the Town of shift change shall be required and no overtime shall
be paid when shift changes occur as a result of work related emergencies (i.e.,
multiple sicknesses, disabilities or injuries; an unplanned for vacancy or shortage
occurring less than seven (7) days in advance of the shift change).
Section 22. Seniority
22.1 Department Seniority:
1. Employees shall be placed on the Department seniority list in accordance with
their most recent date of hire.
2. When two (2) or more employees are assigned to the payroll onrthe same date,
seniority shall be given in accordance with their relative standing on the respective
eligibility list.
22.2 Classification of Seniority:
1. Employees shall be placed on a classification seniority list in accordance with
their most recent date of appointment to the specific classification.
2. When two (2) or more employees are appointed or promoted to the same
classification on the same date, seniority shall be based upon their relative
standing on the respective eligibility list.
Section 23. Layoff Procedures
The appointing authority may layoff employees because of lack of work or lack of
funds requiring the reduction of the work force of the Town. An employee or
employees within a given job classification so released under this Section shall be
laid off based upon seniority as defined in Section 22 with the least senior
employee the first to be released from Town employment. The name of any
employee so released shall be placed on an appropriate re-employment eligibility
list. Within ten (10) working days before the effective date, the Personnel Officer
shall notify the employee affected of the intended action, the effective date, and
the reasons therefore. Employees laid off pursuant to this Section shall not have
the right to appeal.
Section 24. Disciplinary Procedures and Action
No discipline shall be imposed, other than emergency suspensions prior to the
conclusion of the opportunity to respond; any discipline then imposed shall be
effective after that time.
17
24.1 Disciplinary Procedure:
Any complaint against any police personnel shall be investigated with due
diligence and the investigations completed in a reasonable amount of time. The
police personnel against whom the complaint was filed shall be informed of the
outcome of the investigation as soon as possible after the investigation has been
completed.
All applicable laws, including, but not necessarily limited to Government Code
Sections 3300-3310 ("Peace Officers Bill of Rights") and also "Skelly" shall be
adhered to.
24.2 The employee shall be shown the documents or materials upon which the
disciplinary action is based; and if practical, he or she shall be supplied with a copy
of those documents.
24.3 After being given a reasonable opportunity to review the documents and materials
set forth in paragraph 1 and 2 above, the employee shall, within ten (10) days be
given the right to respond, either orally or in writing (at the option of the employee),
to the authority initially imposing discipline.
24.4 Per California Law, Officers may request in writing, the Chief 9f Police delete
complaints against them which arise from citizens five (5) years after the date of
the complaint. Further complaints against officers from department personnel may
be deleted per California law, by the Chief of Police at the written request of the
concerned officer two (2) years after the date of the complaint.
24.5 Suspension:
The Chief of Police or his/her designee may suspend an employee without pay
from his/her position at any time for cause, not to exceed three (3) working days in
any one (1) suspension nor more than ten (10) working days in one (1) fiscal year.
Such suspensions shall be reported immediately to the Town Manager. The Town
Manager may suspend an employee for a period not to exceed thirty (30) working
days in any fiscal year. Such suspensions shall be reported immediately to the
Town Manager.
24.6 Demotion:
The Chief of Police may demote an employee whose ability to perform the
required duties of his/her position fall below standards or for disciplinary purposes.
No employee shall be demoted to a position for which he/she does not possess
the minimum qualifications.
24.7 Reduction in Salary:
The Chief of Police, within the minimum and maximum salary range for the
position, reduce or decrease the salary level of an employee whose ability to
perform the required duties of his/her position falls below standard, or for
disciplinary purposes.
24.8 Discharge:
An employee in the career service may be discharged for cause at any time by the
Chief of Police. Any employee who has been discharged shall receive a written
statement of the reasons for such action at the time of discharge.
18
24.9 Cause of Discipline:
Disciplinary action may be taken for any causes listed in Section 19572 of the
Government Code or for any of the following:
1. Unauthorized absence.
2. The commission or conviction of any felony or any other crime involving
moral turpitude.
3. Disorderly conduct.
4. Incompetence or inefficiency.
5. Insubordination.
6. Intoxication while on duty.
7. Neglect of duty.
8. Negligence or willful damage to public property or waste of public supplies
or equipment.
9. Violation of any lawful regulation or order made and given by a line
supervisor.
10. Willful violation of any of the provisions of the Ordinance of the Town, these
rules, or other promulgated by the Town Manager as Administrative Orders.
Section 25. Grievance Procedure
25.1 Informal Grievance Procedure:
Within five (5) working days of the event giving rise to a grievance, the grievant
shall present the grievance informally for disposition by the immediate
supervisor, or at any appropriate level of authority. Presentation of an informal
grievance shall be a prerequisite to the institution of a formal grievance.
25.2 Formal Grievance Procedure:
If grievant believes that the grievance has not been redressed through the
informal grievance procedure within five (5) working days from the date of
informally presenting the event giving rise to a grievance to his/her immediate
supervisor, he/she may initiate a formal grievance within five (5) working days
thereafter. A formal grievance can only be initiated by completing the filing with
the Chief of Police or his/her designee a memorandum. The memo shall
contain:
1. Name(s) of grievant
2. Class
3. Title(s)
4. Mailing address(es)
5. A clear statement of the nature of the grievance (citing applicable
ordinance, rules or regulations, or contract language).
6. The date upon which the grievance occurred.
7. A proposed solution to the grievance.
8. The date of execution of the grievance form.
9. The signature of the grievant.
10. The name of the organization or individual, if any, representing the
grievant followed by the signature of the representative.
19
Step 1
Within ten (10) working days after a formal grievance is filed, the Chief of Police
or his/her designee shall investigate the grievance and confer with the grievant
in an attempt to resolve the grievance and make a decision in writing.
Step 2
(a) If the grievance is not resolved in Step 1 to the satisfaction of the
grievant, he may, within not more than five (5) working days from his/her
receipt of the Chief of Police or his/her designee's decision, request
consideration of the grievance by the Town Manager by so notifying the
Personnel Officer.
(b) Within ten (10) working days after such notification, the Town Manager
shall investigate the grievance, confer with the persons affected and their
representatives to the extent he deems necessary, and renders a decision in
writing.
(c) The Town Manager shall advise the grievant, in writing, of his/her
decision. If the decision does not resolve the grievance to the satisfaction of the
grievant, the grievant may proceed to Step 3.
Step 3
If the grievance is not resolved in Step 2, a final appeal may be filed, in writing,
with the Town Council not more than five (5) working days from the employee's
receipt of the Town Manager's decision. The Town Council shall, within thirty
(30) days of receiving the grievance, hear and decide upon the grievance. The
decision is final and binding in all respects.
No employee shall, as a direct or proximate result of such grievance, suffer
dismissal from the services of the Town, transfer, demotion, reduction of salary,
or other disciplinary action unless it shall be determined by the Town Council
that the grievance was taken willfully and/or spitefully for purposes of
disruption, with intentional disregard of facts, to wrongfully embarrass the
Town, its officers, and employees, to disturb the public peace, health, safety,
and welfare, or to serve personal ends inimical to the public service.
25.3 Aggrieved Employee Representation:
An aggrieved employee may be represented by any person or organization of
his/her choice at any stage of the proceedings.
25.4 Appeal:
A regular employee may, within ten (10) calendar days after the effective date
of demotion, discharge, reduction in pay, or suspension, file a written appeal
with the Town Manager. The Town Manager may make whatever investigation
of the appeal he/she deems appropriate and make a finding within fifteen (15)
calendar days. If the employee is dissatisfied with such finding, within ten (10)
calendar days, the employee may file a written appeal with the Town Council.
The Town Council shall hold a hearing within thirty (30) calendar days
thereafter. The Town Council shall render its decision on the appeal within
fifteen (15) calendar days following the hearing and shall notify the employee in
writing of its decision.
20
Section 26. Fair Labor Standards Act
26.1 For police officers under the 7k exemption, a work period is fourteen (14) days.
Police officers may accumulate up to twelve (12) hours of compensatory time
during the work period prior to being paid overtime. Compensatory time shall
not be accumulated in excess of forty eight (48) hours. Effective July 1, 2009
this cap shall be increased to sixty (60) hours.
26.2 The police service aide's work schedule shall either be a 5/8 or 9/80 plan at the
discretion of the Police Chief or his/her designee. Overtime shall be paid for
hours worked in excess of their normal work schedule. All overtime earned
may be either paid in cash or allowed to accrue compensatory time in
accordance with the Fair Labor Standards Act. All or part of this Section shall
be invalidated at such time as either a court of competent jurisdiction and/or the
Congress of the United States amends or modifies the act to exclude all or
some local government employees.
Section 27. Catastrophic Leave
The Town agrees to establish a Catastrophic Leave Bank to aspist employees
who have exhausted accrued leave time due to a serious or catastrophic illness
or injury. The Time Bank will allow other bargaining unit employees to donate
time to the affected employee so that he/she can remain in a paid status for a
longer period of time, thus partially ameliorating the financial impact of the illness,
injury or condition.
Eligibility
To be eligible for this benefit, the receiving employee must: 1) Be a regular full-
time employee who has passed his/her initial Town probationary period, 2) Have
sustained a life threatening or debilitating illness, injury or condition which may
require confirmation by a physician, 3) Have exhausted all accumulated paid
leave including vacation, holiday, sick leave, and/or compensatory time off, 4) Be
unable to return to work for at least thirty (30) days, and 5) Have applied for a
Leave of Absence Without Pay for medical reasons.
RPnPfitq
Accrued vacation and compensatory time off hours donated by other employees
will be converted to sick leave and credited to the receiving employee's sick
leave time balance on a dollar-for-dollar basis and shall be paid to the recipient at
the donor's rate of pay. For as long as the receiving employee remains in a paid
status, seniority, and all other benefits will continue, with the exception of sick
leave, holiday, and vacation accrual. The total leave credits received by an
employee will not normally exceed three (3) months. However, if approved by
the Chief of Police or his/her designee and the Town Manager or his/her
designees the total leave credits may be extended on a case by case basis.
21
Guidelines For Donating Leave Credits To The Time Bank
a. Accrued vacation leave and compensatory time off may be donated
by any regular full-time employee who has completed his/her initial
Town probationary period.
b. Time donated will be converted from vacation or compensatory
time to sick leave hours and credited to the receiving employee's
sick leave balance on an dollar-for-dollar basis and shall be paid at
the rate of pay of the receiving employee.
C. The total amount of time donated to one employee by another
employee shall not exceed the equivalent of forty (40) hours at the
recipient's rate of pay. The total leave credits received by the
employee shall not normally exceed three months; however, if
approved by the Chief of Police or his/her designee, the Town
Manager or his/her designees may approve an extension to six (6)
months total time. r
d. Initial leave time donations must be a minimum of eight (8) hours at
the recipient's rate of pay and thereafter, in four (4) hour
increments. An employee cannot donate leave hours that would
reduce his/her vacation balance to less than forty (40) hours.
e. The use of donated leave hours will be in consecutive one shift
increments (i.e., eight (8) hours for a full-time employee working
five (5) eight (8) hour days/week).
f. While an employee is on leave using donated leave hours, no
vacation, holiday, or sick leave hours will accrue.
g. Under all circumstances, time donations received by the employee
are forfeited once made. In the event that the receiving employee
does not use all transferred leave for the catastrophic illness/injury,
any balance will remain with that employee as sick leave until that
employee's separation from Town service.
h. Payment for unused sick leave at the time of termination of
employment shall be in accordance with the Memorandum of
Understanding.
In accordance with IRS Ruling 90-29, leave transferred under such
arrangements will not be considered wages for the employee who
surrenders the leave and will therefore not be included in gross
income or subject to withholding. An employee who donated leave
22
incurs no deductible expense or loss either upon the donation or
use by the recipient.
Section 28. Full Understanding, Modification, Waiver
28.1 The parties agree that this Memorandum of Understanding sets forth the full
and entire understanding of the parties regarding the matters set forth herein.
28.2 Except as specifically otherwise provided herein, it is agreed and understood
that each party hereto voluntarily and unqualifiedly waives its rights and agrees
that the other shall not be required to meet and consult with respect to any
subject or matter covered herein, nor as to wages or fringe benefits during the
period of the term of this Memorandum. The foregoing shall not preclude the
parties hereto from meeting and conferring at any time during the term of this
Agreement with respect to any subject matter within the scope of the meeting
and conferring for a proposed Memorandum of Understanding between the
parties to be effective on or after 1 July 2010.
Section 29. Separability of Provisions
Should any provision of this Memorandum of Understanding be declared illegal by
final judgment of a court of competent jurisdiction, such invalidation of such
provisions shall not invalidate the remaining portions thereof, and such remaining
portions shall remain in full force and effect for the duration of the Memorandum of
Understanding.
Section 30. Maintenance of Benefits
All rights, privileges, and
effect through the duration
in conflict herewith shall be
by the parties hereto.
Section 31. Prevailing Rights
terms and conditions of employment in full force and
of the previous Memorandum of Understanding and not
part hereby and remain thereby until mutually modified
All matters within the scope of meeting and conferring that have previously been
adopted through rules, regulations, ordinance, or resolutions that are not
specifically superseded by this Memorandum of Understanding, shall remain in full
force and effect throughout the term of this Agreement.
23
Section 32. MISCELLANEOUS
At the request of the Town, the parties agree to meet and confer on any
modification of fringe benefits necessary to comply with the United States Internal
Revenue Services Section 125.
TIBURON POLICE ASSOCIATION
James McVeigh, President
Tiburon Police Association
TOWN OF TIBURON
Margaret A. Curran, Town Manager
Town of Tiburon
Date:
Approved as to Form
By
Ann R. Danforth
Town Attorney
Date:
24
EXHIBIT "A"
Section 9.4. Payment for Unused Sick Leave.
Examples:
Employee A has 2000 hours sick leave on the books at 7/1/11. He/she is eligible for 480
hours cash out. Employee's hourly rate is $30/hour. Amount eligible for cash out is
$14,400 upon separation. Employee may elect to leave this amount on the books, or if
they have over 15 years service with the Town they may cash out 60% of these hours in
2011 or 2012. This would amount to cashing out 288 (480 X 60%) hours @ $30/hour for
a total of $8,640. Employee A's sick leave balance would be reduced by 288 hours to
1,712. They would no longer be eligible for compensable sick leave. They would
continue to accrue unlimited sick leave which will be turned into service credit if they
retire from the Town. If employee A leaves the amount on the books, they will be
eligible for the payment of 480 hours @ $30/hours upon separation from the Town,
providing they have a minimum of 960 hours sick leave on the books at than time.
Should the employee have less than 960 hours, they will be compensated 50% of those
hours at $30/hour.
Employee B has 200 hours sick leave on the books at 7/1/11. He/she is eligible for 100
hours cash out (50% of 200 hours). Employee's hourly rate is $30/hours. Amount
eligible for cash out is $3,000 upon separation. Employee may elect to heave this amount
on the books, or if they have over 15 years service with the Town they may cash out 60%
of these hours in 2011 or 2012. This would amount to cashing out 60 hours (100 X 60%)
at $30/hour for a total of $1,800. Employee would no longer be eligible for compensable
sick leave. Employee B's sick leave balance would be reduce by 60 hours to 140. They
would continue to accrue sick leave which will be turned into service credit if they retire
from the Town of Tiburon. If employee B leaves the amount on the books, they will be
eligible for the payment of 100 hours @ $30/hours upon separation from the Town,
providing they have a minimum of 200 hours sick leave on the books at that time.
Should the employee have less than 200 hours, they will be compensated 50% of those
hours at $30/hour.
Employee C has 70 hours on the books at 7/1/11. They are eligible for cash payment of
35 hours. Employee C's hourly rate is $30/hours. Amount eligible for cash out is
$1,050. Employee C has 15 years service with the Town. They are not eligible for 60%
cash payment. Upon separation or retirement with the Town, Employee C will be paid
for 35 hours sick leave at $30/hour, provided they have a minimum of 70 hours on the
books at that time. If they have less hours they will be paid 50% of the hours at
$30/hour.
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To: Mayor and Members of the Town Council
From: Office of the Town Attorney
Town Council Meeting
July 6, 2011
Agenda Item: C~
Subject: Recommendation to Pass Second Reading and adopt an Ordinance Governing
Soli4-),V~aste Storage, Collection and Disposal
Reviewed By:
BACKGROUND AND ANALYSIS
The proposed ordinance would replace the existing Chapter 26 of the Town's Municipal Code
with a new and updated Chapter 26. The ordinance modifies enforcement procedures and
addresses such issues as recyclables, green waste or disposal of household waste items that are
not suitable for collection with other categories of waste. However, the new Chapter 26 would
not significantly change actual solid waste practices within the Town. The Council passed first
reading of the ordinance at its regular meeting on June 15, 2011. .
PROCEDURE
This is a consent calendar item. The Council's motion to adopt this item on the consent calendar
will constitute a motion to confirm the waiver of second reading from the previous meeting and
adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the
consent calendar will constitute the equivalent of a roll call vote and will be recorded within the
ordinance.
Should any Councilmember choose to vote differently on this item than other items on the
consent calendar, then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be properly recorded. Should
the Council wish to discuss the item, it must be removed from the Consent Calendar and voted
upon separately.
RECOMMENDATION
Staff recommends that the Town Council approve final adoption of Ordinance No. N. S., a
draft of which is attached as Exhibit A, as part of the Consent Calendar.
Exhibits: Draft Ordinance
Prepared By: Ann R. Danforth, Town Attorney
TOWN OF TIBURON PAGE 1
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REPEALING THE EXISTING
CHAPTER 26 AND ADOPTING A NEW CHAPTER 26
GOVERNING SOLID WASTE STORAGE,
COLLECTION AND DISPOSAL
WHEREAS, the Town Council adopted the current Chapter 26 (Refuse
and Garbage) of the Tiburon Municipal Code in 1965 and has not significantly
amended that chapter; and
WHEREAS, in the intervening years, both state law and industry practice
have changed significantly, rendering much of the current Chapter 26 outdated;
and
WHEREAS, the Town Council finds that adoption of this ordinance is
exempt from the requirements of the California Environmental Quality Act
pursuant to Sections 15301 and 15061(b)(3) of the CEQA Guidelines because the
new Chapter 26 will not change existing solid waste practices; and
WHEREAS, the Town Council hereby adopts this ordinance in order to
promote and protect the public health, safety, and general welfare and achieve
compliance with state-mandated solid waste disposal codes.
NOW, THEREFORE, the Town Council of the Town of Tiburon does
ordain as follows:
SECTION 1. Chapter 26 of the Tiburon Municipal Code is hereby repealed
SECTION 2. Chapter 26 of the Tiburon Municipal Code is hereby adopted
to read as follows:
Chapter 26
SOLID WASTE STORAGE, COLLECTION AND DISPOSAL
Sections:
Article I. In General
26-1 Definitions
26-2 Purpose of Chapter
26-3 Disposal of Solid Waste, Generally
26-4 Duty of Owner, Occupant, etc., to subscribe to Solid Waste Collection
Service
26-5 Storage Receptacles; Accumulation
26-6 Receptacle Location
26-7 Improper use of Public Refuse Receptacles
26-8 Transportation of Solid Waste in Town
26-9 Emergency Removal of Solid Waste
26-10 Administration and Enforcement of Chapter.
Article II. Collection
26-11 Town Contracts for Collection Services; Renewal of Contract
26-12 Terms and Conditions of Contract
26-13 Duty of Collector; Regulation and Supervision of Collection
26-14 Responsibility and Liability of Collector; Liability Insurance Required
26-15 Perfonnance bond required of Collector.
26-16 Exclusive rights of Collector.
26-17 Rates and Charges.
26-18 Establishment of Routes and Time for Collection.
Article I. In General
26-1 Definitions.
For purposes of this chapter, the following words, phrases and terms shall have the
meanings set forth by this section unless a different meaning is clearly intended by
the use or context of the word, phrase or term:
"Collector" shall mean any person, firm or corporation that the town has
authorized by contract to collect and transport Solid Waste through the streets,
alleys or public ways of the town.
"Commercial Property" refers to all properties that are not included in the
definition of "Residential Property" or "Mixed-Use Property," with the exception
of town-owned property.
"Disposal Facility" means any facility (including a transfer station) licensed by the
State of California, and the local jurisdiction in which it is located, to receive Solid
Waste.
2
"Dispose" or "dispose of' means to dispose of or to transport and deliver to another
for disposal.
"Garbage" means and includes any and all garbage, debris, refuse, putrescible and
non-putrescible debris, grass or weed cuttings, tree and brush trinunings, roofing,
construction and demolition wastes, and all other waste materials such as metal,
glass, crockery, sweepings, paper, wood, clothing, packaging materials, ashes,
wrappings, containers, cartons and similar articles, but does not mean and excludes
the following: Recyclables placed in an approved recycling container, Hazardous
Waste and Hazardous Materials, Household Hazardous Waste, Green Waste and
sewage.
"Green Can" means any receptacle provided by Collector for the periodic
collection of Green Waste.
"Green Waste" means and includes any and all plant matter that is compostable,
and includes grass, shrub, bush and weed clippings, tree trimmings and cuttings
(not exceeding three (3) inches in diameter), and food waste, in each case to the
extent compostable, but does not mean and excludes dirt, rocks, any other material
that is not plant, tree or food waste, any plant waste greater than three (3) inches in
diameter, and any other item expressly excluded from time to time as collectible
Green Waste on Collector's website.
"Hazardous Waste" or "Hazardous Materials" means any waste materials or
mixture of wastes defined as such pursuant to the Resource Conservation and
Recovery Act, 42 U.S.C. 6901, et seq., the Comprehensive Environmental
Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. 9601 et
seq., and the California Health & Safety Code 25110.02, 25115 or 25117, and
all future amendments to any of the same or regulations promulgated under any of
the same, or as defined by the Environmental Protection Agency, the California
Environmental Protection Agency, and the California Integrated Waste
Management Board, or any of them. Where there is a conflict in the definitions
employed by two (2) or more agencies having jurisdiction over Hazardous Waste
or Solid Waste, the term "Hazardous Waste or Materials" shall be construed to
have the broader, more encompassing definition. "Hazardous Waste" or
"Hazardous Materials" does not mean or include Household Hazardous Waste.
"Household Hazardous Waste" means materials that the Collector may designate
from time to time as eligible for curbside pick-up but inappropriate for collection
with regular pick up and that are commonly generated by residential customers.
Examples include, without limitation, consumer electronic waste, including
computers, monitors, printers and cell phones, latex paint, used motor oil, oil
3
filters, common household batteries (but not car batteries), fluorescent light bulbs
under four (4) feet in length, and non-empty aerosol cans.
"Mixed-Use Property" means properties that contain both living units and
commercial or non-living units.
"Multi-Family Units" means dwellings that (i) include four (4) or more individual.
living units and (ii) receive and pay Collector's invoices as a single, collective bill.
"Recyclables" means materials that are reused or processed or in the future will be
reused or processed into a form suitable for reuse through re-processing or
remanufacture, consistent with the requirements of AB 939, as may be amended
from time to time, and specifically means paper, newsprint, printed matter,
pasteboard, paper containers, cardboard, glass, aluminum, plastics, beverage
containers, compostable materials, including Green Waste, materials designated as
recyclables by the California Integrated Waste Management Board or other agency
with jurisdiction, and other recyclable materials, in each case to the extent listed as
acceptable for recycling on Collector's website from time to time.
"Recycling" means the collection and processing of any Recyclables outside of the
premises from which such materials have derived.
"Residential Property" means all Single-Family Units and Multi-Family Units.
"Single-Family Unit" means a dwelling that is not a. Multi-Family Unit as defined
above (i.e., a dwelling that includes three (3) or fewer individual units or an
individual unit on a residential property which property does not receive and pay
Collector's invoices as a single, collective bill).
"Solid Waste" means all Garbage, Recyclables and Green Waste and as otherwise
defined in Public Resources Code § 40191 and "garbage" as defined in Health &
Safety Code § 6406 (except that in no event shall Solid Waste include Hazardous
Waste, Hazardous Materials or Household Hazardous Waste).
"Storage Container" means portable enclosed storage units for temporary on-site
storage.
26-2 Purpose of chapter.
The purpose of this chapter is to prevent actual or potential public health hazards
and nuisances by the regulation of the accumulation, collection and disposal of
Solid Waste and the licensing of persons engaged therein.
4
26-3 Disposal of Solid Waste generally.
It is unlawful for any person to keep, deposit, bury or dispose of any Solid Waste
in or upon any private property, public street, alley, sidewalk, gutter, park, upon
the banks of any stream or creek in the town, or in or upon any of the waters
thereof except as provided in this chapter. Every person having the obligation of
the disposal of Solid Waste as provided in this chapter shall dispose of the same
only through the Collector or as may be expressly permitted by this chapter.
26-4 Duty Of Owner, Occupant, etc., to Subscribe to Solid Waste collection
Service.
Every tenant, lessee or occupant of any premises within the town shall have the
Solid Waste collection service by the Collector at least once each week, and shall
pay the Collector for said service at the monthly rates provided therefore.
26-5 Storage _ Receptacles; Accumulation
It is unlawful to place or permit to remain any Solid Waste except in a suitable
covered container supplied by the Collector as set forth in this chapter.
(a) Collector shall provide suitable and sufficient collection receptacles for
purchase or rent by any person or entity having a duty to subscribe to Solid Waste
collection service under this chapter.
(b) The specific nature of the required receptacles shall be established as from
time to time approved by the town and the Collector.
(c) All Solid Waste shall be placed in receptacles constructed of metal or an
approved plastic material and type that is watertight, nonabsorbent, animal
resistant, durable, easily cleanable, equipped with handles, and has tight fitting
covers such that the containers hold the solid waste without spillage and leakage,
escape of odors or access of flies to the contents thereof.
(d) No person owning or occupying any building, lot or premises shall allow any
Solid Waste to accumulate or remain in or upon the building, lot or premises in a
manner in violation of this chapter or that otherwise creates a public nuisance.
26-6 Receptacle Location
Except as expressly provided by this section, no Solid Waste receptacle other than
those owned or rented by the town shall be placed or kept in or on any public
street, sidewalk, footpath, or any public place whatsoever, but shall be maintained
on the premises in a location and manner so as not to be visible from the public
street. Notwithstanding the foregoing, Solid Waste receptacles may be placed on
the day(s) and in the locations designated by the Collector for removal and
emptying of said receptacles, but shall be removed within 24 hours of the day of
collection.
5
26-7 Improper use of Public Solid Waste Receptacles
It is unlawful for any person to place or cause to be placed in any public receptacle
owned by the town and located upon public streets or in public places any refuse
originating within or upon any private property.
26-8 Transportation of Solid Waste in Town
(a) No Solid Waste shall be removed and carried on and along the streets and
alleys of the town, unless the same is carried, conveyed or hauled in conveyances
so constructed as to be dust proof, and so arranged as not to permit dust or other
matter to sift through or fall upon the streets and alleys. The contents of such
conveyances shall be further protected with appropriate covers so as to prevent the
same from being blown upon the streets, alleys and adjacent lands.
(b) No wet Garbage shall be removed and carried on or along any street or alley of
the town, unless the same is transported in watertight containers with proper
covers so that the garbage shall not be offensive, and every such container shall be
kept clean and such garbage shall be so loaded that none of it shall fall, drip or
spill to or on the ground, sidewalk or pavement.
(c) Every truck used in the collection or removal of Solid Waste shall be kept well
painted and clean inside and out; and the naive of the contract agent and the truck
number shall be prominently displayed on each truck.
26-9 Emergency Removal of Solid Waste.
Nothing in this chapter shall be deemed to prohibit the town from removing and
hauling any Solid Waste considered by the town manager to undermine the health,
safety or welfare of the public.
26-10 Administration and Enforcement of Chapter
(a) The town manager shall make such rules and interpretation of the terms of this
chapter not inconsistent with the provisions of this chapter as may be necessary,
reasonable and proper to effect the proper expedient, economical and efficient
collection and removal of Solid Waste by the Collector.
(b) It is unlawful for any person to violate any provision or to fail to comply
with any of the requirements of this chapter. A violation of this chapter, may be
charged and prosecuted as either an infraction or misdemeanor or pursuant to
chapter 31 of this code, in the sole discretion of the town attorney. Each
separate day or any portion thereof on which a violation occurs or is coininitted,
continued or permitted shall be deemed to constitute a separate offense
punishable as herein provided.
6
Article II. Collection
26-11 Town Contracts for Collection Services; Renewal of Contract
The town council may, with or without having invited bids therefore, enter into a
contract with any responsible person or entity to be the Collector under this
chapter. The term of such contract, rates of collection and other provisions of such
contract shall be as provided by resolution of the town council. Where such a
contract has been entered into between the town and a contractor for the
collection, removal and disposal of Solid Waste, and such contractor shall have
satisfactorily performed such contract, the town council, without inviting bids or
proposals therefore and without giving notice of its intention to do so, may, either
prior to or after the expiration of such contract, extend or renew the same for such
a period and on such tenns and conditions as the town council shall provide by
resolution.
26-12 Terms and Conditions of Contract
The contract shall contain the following provisions:
(a) The Collector shall be required to dispose of all Solid Waste at appropriate
disposal facilities satisfactory to the town.
(b) The Collector shall comply with all applicable federal, state and local laws, as
they may be amended from time to time, in performance of the contract.
(c) The Collector shall be required to make provisions for collection and disposal
of Household Hazardous Waste.
26-13 Duty of Collector; Regulation and Supervision of Collection
The collector shall provide garbage pickup service to all persons situated within
the town; provided, that payment for service is made. The town council may
establish standard regulations for the methods of collection of garbage service
charges, including the enforcement thereof. The town manager shall supervise the
collection and removal of all garbage, rubbish and refuse by the garbage collector.
26-14 Responsibility and Liability of Collector; Liability Insurance Required
The Collector shall be considered as and shall be an independent contractor and
shall be responsible to the town for the result of his work to be done, but shall act
under his own directions as to the manner of perfonning this work; and he shall
keep himself and all of his employees insured against all liability under state
workmen's and employees insurance, compensation and safety laws and against
public liability and property damage (including all such liability for use or
operation of motor vehicles used in the performance of work hereunder). Such
public liability insurance shall be in a form and manner and to the extent
satisfactory to the Town. Evidence of such insurance shall be filed with the town
annually.
7
26-15 Performance bond required of Collector
Prior to execution of any contract authorizing any person or entity to act as the
Collector under this chapter, said person or entity shall file with the town a bond
for the faithful perfonnance of the contract in the sum of one hundred thousand
dollars.
26-16 Exclusive rights of Collector.
(a) An award of a contract under this chapter shall confer upon the person to
whole the contract is awarded the exclusive right to serve as Collector under this
chapter during the tenns of the contract, to collect, transport and dispose of Solid
Waste, subject only to such exceptions as are specifically set forth in this chapter
or the town's contract with Collector. All provisions of this chapter applicable to
the Collector shall constitute and be a part of any contract awarded hereunder.
(b) Nothing in this chapter shall preclude an occupant, renter, or owner of property
in the Town to regularly dispose of their Solid Waste either personally or through
the uncompensated services of another, in either case at a County-operated
Disposal Facility.
(c) No person, other than the Collector or persons authorized under subsection (b)
of this section, shall remove paper, glass, cardboard, plastic, used motor oil,
ferrous metal, aluminum, or other recyclable materials which have been
segregated from solid waste materials and placed at a designated collection
location for residential curbside collection for the purposes of collection and
recycling.
26-17 Rates and char.
The Collector shall charge every user of Solid Waste collection service, at rates
established pursuant to the contract between the town and the Collector. Such
rates shall be subject to change in accordance with said contract. The Collector
shall use reasonable efforts to set rates so as to fairly distribute the costs of Solid
Waste collection service between users thereof according to the extent of their
usage
26-18 Establishment of routes and time for collection.
The Collector shall establish routes, days and hours for collection of Solid Waste
and may change the same from time to time. When such routes, days and hours are
established or changed, the same shall be filed with the town manager.
SECTION 3 SEVERABILITY
If any section, subsection, clause, sentence, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of a Court of
competent jurisdiction, such decision shall not affect the validity of the remaining
8
portions of the Ordinance. The Town Council of the Town of Tiburon hereby
declares that it would have passed this Ordinance, any section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the
date of passage, and before the expiration of fifteen (15) days after passage by the
Town Council, a copy of the ordinance shall be published with the naives of the
members voting for and against it at least once in a newspaper of general
circulation in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Tiburon on June 15, 2011 and was adopted at a regular meting of the
Town Council of the Town of Tiburon on July 6, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
Town of Tiburon
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
9
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
July 6, 2011
Agenda Item:
CC I
To:
From:
Subject:
Reviewed by:
BACKGROUND
Mayor & Members of the Town Council
Community Development Department
Amend Title IV, Chapter 13 (Building Regulations) of the Tiburon
Municipal Code to Reference a Building Code Appeals Board and to
Correct Certain Code Section References (Ordinance Adoption); File
MCA 2011-02
/ r~kl
The Town Council held first reading of this ordinance at its meeting on June 15, 2011, and
waived any further readings. The item now comes to the Town Council for adoption.
PROCEDURE
This is a consent calendar item. The Council's motion to adopt this item on the consent calendar
will constitute a motion to confirm the waiver of second reading from the previous meeting and
adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the
consent calendar will constitute the equivalent of a roll call vote and will be recorded within the
ordinance.
Should any Councilmember choose to vote differently on this item than other items on the
consent calendar, then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be properly recorded. Should
the Council wish to discuss the item, it must be removed from the Consent Calendar and voted
upon separately.
RECOMMENDATION
Staff recommends that the Town Council approve final adoption of Ordinance No. 528 N. S., a
draft of which is attached as Exhibit 1, as part of the Consent Calendar.
EXHIBITS
1. Draft Ordinance No. 528 N. S.
Prepared by: Scott Anderson, Director of Community Development
ORDINANCE NO. 528 N. S. (DRAFT)
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING PROVISIONS OF TITLE IV,
CHAPTER 13 OF THE TIBURON MUNICIPAL CODE TO
MODIFY PROVISIONS RELATED TO APPEALS
The Town Council of the Town of Tiburon does ordain as follows:
Section 1. Findings.
A. On January 19, 2011, the Town Council enacted Ordinance No. 523 N. S. adopting
with amendments certain uniform construction codes as its Building Regulations.
Among those provisions adopted was one that allowed the Town Council to appoint
itself as the board of appeals to hear and decide upon appeals of non-administrative
decisions and determinations made by the Building Official. P
B. The Town Council has subsequently identified benefits associated with the
appointment of a standing appeals board that is technically qualified to rule on such
appeals, as is strongly recommended by the California Building Code and by
insurance carriers. Town Staff has therefore prepared amendments to the Town's
adopted building regulations, in the form of an ordinance for consideration by the
Town Council, which would implement the change in appeals board designation.
C. The Town Council held a public hearing on June 15, 2011, and has heard and
considered any and all public testimony on this matter.
D. The Town Council finds that all notices and procedures required by law attendant to
the adoption of this Ordinance have been followed.
E. The Town Council finds that the amendments made by this Ordinance are necessary
for the protection of the public health, safety, and welfare.
F. The Town Council has found that the amendments made by this Ordinance are
consistent with the goals and policies of the Tiburon General Plan.
G. The Town Council finds that the adoption of this Ordinance is ministerially exempt
from the requirements of CEQA and is also exempt pursuant to Section 15061(b)
(3) of the CEQA Guidelines.
Section 2. Amendments.
Tiburon Municipal Code Title IV, Chapter 13 (Building Regulations) is hereby
amended as follows:
EX-I-11~IDIT NO. I
Town of Tiburon Ordinance No. 528 N. S. DRAFT Effective --/--/2011 Page 1
A. Section 13-4.1.1(b) is amended to read as follows:
(b) Section 1.8.8.1 is amended to add the following sentence thereto:
The local appeals board and the housing appeals board shall be the Tiburon
Building Code Appeals Board.
B. Section 13-4.1.1(c)(7) is amended to read as follows:
(7) Section 113.1 is amended by adding the following sentence thereto:
The board of appeals shall be the Tiburon Building Code Appeals Board.
C. Section 13-4.2.1(a) is amended to read as follows:
(a) Section 1.8.4.1 is amended to read as follows:
1.8.4.1 General. Subject to the provisions of law, including Code of Civil
Procedure Section 1822.50 et. seq., officers and agents of the building
official may enter and inspect public and private properties to secure
compliance with the provisions of this code and the rules and regulations
promulgated by the department of housing and community development. For
limitations and additional information regarding enforcement, see the
following:
(The remainder of this section is unchanged.)
D. Section 13-4.2.1 (b) is amended to read as follows:
(b) Section 1.8.7.1 is amended by adding the following sentence thereto:
The local appeals board and the housing appeals board shall be the Tiburon
Building Code Appeals Board.
E. Section 13-4.3.1(b) is amended to read as follows:
(b) Section 1.8.8.1 is amended by adding the following sentence thereto:
The local appeals board and the housing appeals board shall be the Tiburon
Building Code Appeals Board.
F. Section 13-4.4.1(c) is amended to read as follows:
(c) Section 89.108.8.1 is amended by adding the following sentence thereto:
Town of Tiburon Ordinance No. 528 N. S. DRAFT Effective --/--/2011 Page 2
The local appeals board and the housing appeals board shall be the Tiburon
Building Code Appeals Board.
G. Section 13-4.6.1(e) is amended to read as follows:
(e) Section 203.1 is amended by adding the following sentence thereto:
The housing advisory and appeals board shall be the Tiburon Building Code
Appeals Board.
H. Section 13-4.7.1 is amended in its entirety to read as follows:
13-4.7.1 Amendments made to the California Mechanical Code.
The 2010 California Mechanical Code is amended as follows:
(a) Chapter 1, Division I, Section 1.8.8.1 is amended by adding tht following
sentence thereto:
The board of appeals shall be the Tiburon Building Code Appeals Board.
(b) Chapter 1, Division II is amended as follows:
(1) Section 101.0 is amended to read as follows:
These regulations shall be known as the California Mechanical Code,
may be cited as such, and will be referred to herein as "this code"
(2) Section 108.3 is amended to add the following phrase to the end
of the last sentence:
including the warrant provisions of Section 1822.50 et. seq. of the
Code of Civil Procedure of the State of California."
(3) Section 110.1 is amended by adding thereto the following
sentence:
The board of appeals shall be the Tiburon Building Code Appeals
Board.
(4) Section 115.1 is amended to read as follows:
115.1 General. Fees shall be assessed in accordance with the
provisions of this section and as set forth in the Building Division
Fee Schedule adopted by resolution of the Tiburon Town Council
Town of Tiburon Ordinance No. 528 N. S. DRAFT Effective --/--/2011 Page 33
and amended from time to time.
(5) Section 115.2 is amended to read as follows:
115.2 Permit Fees. Any person desiring a permit required by this
code shall, at the time of issuance for the permit, pay a fee, which fee
shall be as set forth in the Building Division Fee Schedule adopted
by resolution of the Tiburon Town Council and amended from time
to time.
(6) Section 115.3 is deleted.
(7) Section 116.6 is amended to replace the third paragraph with the
following:
To obtain re-inspection, the applicant shall first pay the re-inspection
fee in accordance with the Building Division Fee Schedule adopted
by resolution of the Tiburon Town Council and amended from time
to time.
(8) Table 1-1 is deleted.
(c) Section 203.0 is amended as follows:
The definition of "AUTHORITY HAVING JURISDICTION" is amended to
read as follows:
AUTHORITY HAVING JURISDICTION The Authority Having
Jurisdiction shall mean the building official or his duly authorized
representative.
(d) Section 207.0 is amended as follows:
The definition of "ENFORCING AGENCY" is amended to read as follows:
ENFORCING AGENCY The enforcing agency shall be the Building
Division of the Town of Tiburon.
1. Section 13-4.8.1(e) is amended to read as follows:
(e) Section 205.1 is amended by adding the following sentence thereto:
The board of appeals shall be the Tiburon Building Code Appeals Board.
Town of Tiburon Ordinance No. 528 N. S. DRAFT Effective --/--/2011 Page 4
Section 3. Severability.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have
passed this Ordinance, any section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or
phrases may be declared invalid or unconstitutional.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage and before the expiration of fifteen (15) days after its passage a copy of the
ordinance shall be published, with the names of the members voting for and against it, at
least once in a newspaper of general circulation in the Town of Tiburon.
This Ordinance was read and introduced at a regular meeting of the Town Council
of the Town of Tiburon, held on the 15th day of June, 2011, and was adopted at a regular
meeting of the Town Council of the Town of Tiburon, held on the day of
, 20115 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: Wministrationl Town CouncillStaff Reports120111July 6 draftsOuilding Code appeals board ordinance 2nd reading.doc
Town of Tiburon Ordinance No. 528 N. S. DRAFT Effective --/--/2011 Page 5
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To: Mayor & Members of the Town Council
From: Community Development Department
Town Council Meeting
July 6, 2011
Agenda Item:
cc ~
Subject: Rescind Resolution No. 31-2011 and Adopt a Revised Resolution
Creating the Tiburon Building Code Appeals Board
Reviewed by:
BACKGROUND
On June 15, 2011, the Town Council adopted a resolution creating the Tiburon Building Code
Appeals Board. Through an inadvertent error, the draft resolution included in the Town Council
packet was an earlier version that had subsequently been modified and was not the version
intended to be presented to the Town Council. Staff is proposing that the resolution adopted on
June 15'' be rescinded and that the Council adopt the correct version.
ANALYSIS
The solitary difference between the two resolutions regarding the appeals board is that the fifth
position on the appeals board was intended to be a person qualified to rule on issues regarding
energy code and/or green building code or roofing methods and materials, rather than on issues
regarding fire protection engineering. Staff's rationale was that the fire codes are enforced by
separate fire protection districts and appeals of fire code-related issues would normally be heard
by the governing boards of those special districts and not by the Town. In Tiburon, energy code,
green building code, and roofing-related issues are far more common areas where interpretations
by the Building Official are required and may be subject to appeal.
RECOMMENDATION
Staff recommends that the Town Council adopt the attached resolution as part of the Consent
Calendar.
EXHIBITS
1. Draft Resolution.
Prepared by: Scott Anderson, Director of Community Development
RESOLUTION NO. DRAFT-2011
A RESOLUTION OF THE TOWN COUNCIL
RESCINDING RESOLUTION NO. 31-20011 AND ADOPTING A CORRECTED
RESOLUTION ESTABLISHING THE
TIBURON BUILDING CODE APPEALS BOARD
AS AN OFFICIAL STANDING BODY OF THE TOWN OF TIBURON
WHEREAS, on June 15, 2011, the Town Council adopted Resolution No. 31-
2011 creating a Building Code Appeals Board; and
WHEREAS, the draft resolution sent to the Town Council and adopted as
Resolution No. 31-2011 was an incorrect earlier version that had subsequently been modified
by staff to replace a member qualified to rule on fire protection engineering issues with a
member qualified to rule on technical aspects of energy code and/or green building code
issues or on roofing issues; and
WHEREAS, the Town desires to correct this error by rescinding Resolution
No. 31-2011 and adopted the correct version of the Resolution.
NOW, THEREFORE, BE IT RESOLVED that the Town Council does
hereby rescind Resolution No. 31, 2011, adopted on June 15, 2011.
BE IT FURTHER RESOLVED that pursuant to Title I, Chapter 2, Article VI
of the Tiburon Municipal Code, the Town Council does hereby establish the Tiburon
Building Code Appeals Board (BLAB) as an official standing body of the Town of Tiburon
and sets forth its duties and qualifications, procedures for appointment and removal, tenure,
and other such information as necessary for its proper appointment and functioning, as
follows:
1. Duties. The duties of the BCAB are set forth below:
(a) To act as the appeals board from decisions and interpretations of the
Building Official regarding non-administrative provisions of the
Town's adopted building codes.
(b) To render decisions on appeals and other decisions in writing to the
Building Official with a duplicate copy to the appellant.
(c) To adopt such reasonable rules and regulations as it may deem
necessary for the conduct of its duties.
2. Membership. The BCAB shall be comprised of:
(a) Five (5) regular members.
(b) Two (2) alternate members, who shall be called by the Chairman to
hear appeals or serve at meetings during the absence or
disqualification of any regular member. Alternate members shall
possess the qualifications for BCAB membership.
(c) The Building Official shall act as secretary and staff support to the
BCAB, but is not a member and shall have no vote on any matter
before the BLAB.
Tiburon Town Council Resolution No. XX-2011 Draft 71612011
3. Terms. The term of office of members shall be five (5) years, except that to
promote continuity of experience, the initial appointments shall be staggered
terms as follows:
a. Two (2) members shall be appointed to terms that expire on the last day of
February, 2013;
b. One (1) member shall be appointed to a term that expires on the last day of
February, 2014;
c. Two (2) members shall be appointed to terms that expire on the last day of
February, 2015.
All subsequent appointments shall be for terms of five (5) years, except that
appointments to fill a vacancy where there is an unexpired term shall be for
the balance of the unexpired term only. Alternate members shall be appointed
for five (5) years or until a successor has been appointed.
4. Qualifications.
(a) By experience and training, as verified by the Building Official prior to
appointment, BCAB members shall be qualified to rule upon matters
pertaining to building construction; including building design,
construction, and installation of building, electrical, plumbing, and
mechanical systems, equipment and techniques. The following are
recommended as guidelines for membership only:
i. One member shall be a registered design professional with
architectural experience or a builder or superintendent of building
construction with at least ten years' experience, five of which shall
have been in responsible charge of work.
ii. One member shall be a registered design professional with
structural engineering experience.
iii. One member shall be a registered design professional with
mechanical and plumbing engineering experience or a mechanical
contractor with at least ten years' experience, five of which shall
have been in responsible charge of work.
iv. One shall be a registered design professional with electrical
engineering experience or an electrical contractor with at least ten
years' experience, five of which shall have been in responsible
charge of work.
v. One member shall be a registered design professional with energy
code and/or green building code compliance experience or a
licensed roofing contractor with at least ten years' experience, five
of which shall have been in responsible charge of work.
(b) Tiburon residency is not a requirement.
5. Appointment and Removal of Members. Members shall be appointed by the
affirmative vote of a majority of the Town Council, and may be removed by the
affirmative vote of a majority of the Town Council. The Mayor shall appoint a
Chairman and a Vice-Chairman. The Chairman shall preside over the meetings.
Tiburon Town Council Resolution No. XX-2011 Draft 71612011 2
The Vice-Chairman shall assume the duties of the Chairman in the absence of the
Chairman.
6. Procedures.
(a) Any person making an appeal must file a completed Town of Tiburon
Notice of Appeal form with the Town Clerk within twenty (20) days after
the notice of decision or interpretation was served. The appeal filing fee is
$250.
(b) The BCAB shall adopt and make available to the public through the
secretary procedures under which a hearing will be conducted. The
procedure shall not require compliance with the strict rules of evidence,
but shall mandate that only relevant information be received.
(c) The BCAB shall hear written appeals and make any necessary
determinations or interpretations as soon as reasonably practical. It may
affirm, overrule, or modify rulings or interpretations of the Building
Official, and its decisions shall be final. Decisions shall be by a majority
vote of those voting. 0
(d) Unless at least one member of the BCAB is qualified by experience and/or
training to rule on a particular matter presented to it, the Board shall not
decide the question until it has consulted with and been advised by a
disinterested individual who is qualified.
(e) A member shall not hear an appeal or make a determination in which that
member has a personal, professional, or financial interest.
(f) The Building Official shall take immediate action in accordance with the
decision of the BLAB.
7. Staffing. The Town Manager or a Town Manager-designated representative or
representatives shall serve as staff to the BLAB.
8. Meetings. The BCAB shall meet as needed to hear and act on appeals or to make
necessary determinations. Meetings are subject to State of California open
meeting laws (i.e., the Brown Act) and shall be open to the public and notices of
meetings shall be posted and distributed in accordance with state law. The
appellant, appellant's representative, the Building Official and any persons whose
interests may be affected shall be given an opportunity to be heard.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on , 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Tiburon Town Council Resolution No. XX-2011 Draft 71612011 3
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Resolution No. XX-2011 Draft 71612011 4
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Office of the Town Attorney
Town Council Meeting
July 6, 2011
Agenda Item: CC
Subject: Recommendation to Pass Second Reading and adopt an Ordinance Governing
Claims Against the Town
Reviewed By:
BACKGROUND AND ANALYSIS
The proposed ordinance would add a new Chapter 3B to the Town's Municipal Code.
Chapter 3B would govern claims against the Town that are not subject to the California
Government Claims Act. This will give the Town the opportunity to review and investigate and,
where appropriate, settle such claims before either side incurs litigation costs. The Council
passed first reading of the ordinance at its regular meeting on June 15, 2011.
PROCEDURE
This is a consent calendar item. The Council's motion to adopt this item on the consent calendar
will constitute a motion to confirm the waiver of second reading from the previous meeting and
adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the
consent calendar will constitute the equivalent of a roll call vote and will be recorded within the
ordinance.
Should any Councilmember choose to vote differently on this item than other items on the
consent calendar, then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be properly recorded. Should
the Council wish to discuss the item, it must be removed from the Consent Calendar and voted
upon separately.
RECOMMENDATION
Staff recommends that the Town Council approve final adoption of Ordinance No. N. S., a
draft of which is attached as Exhibit A, as part of the Consent Calendar.
Exhibits: Draft Ordinance
Prepared By: Ann R. Danforth, Town Attorney
TOWN OF TiBURON PAGE 1 OF 1
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ADDING CHAPTER 3B
(CLAIMS AGAINST THE TOWN) TO TITLE 1 OF
THE MUNICIPAL CODE ESTABLISHING
PROCEDURES FOR FILING AND PROCESSING
CLAIMS AGAINST THE TOWN
NOW THEREFORE, BE IT ORDAINED BY THE TOWN OF TIBURON,
CALIFORNIA, AS FOLLOWS:
WHEREAS, the Town of Tiburon ("Town is authorized by the provisions of
California Government Code section 935 to establish procedures for all claims against the
Town for money or damages, provided that such claims are not governed by any other
statute or regulations; and, #
WHEREAS, the Town Council of the Town wishes to adopt such procedures in order to
process such claims more efficiently and expeditiously and preserve and protect the
taxpayers" dollars; and,
NOW THEREFORE, BE IT FURTHER ORDAINED BY THE COUNCIL
OF THE TOWN OF TIBURON AS FOLLOWS:
SECTION 1: That a new Chapter 13B (Claims Against the Town) is added to Title 1
(General Provisions) of the Code of the Town of Tiburon, California, to read as follows:
3B -1 Claims Required.
(a) General Provisions
(1) All claims against the town for money or damages not otherwise governed by
the Government Claims Act, California Government Code Sections 900 et seq., or
another state law (hereinafter in this ordinance, "Claims") shall be presented in
accordance with this section.
(2) All Claims shall be made in writing, under penalty of perjury and verified by
the claimant or by his or her guardian, conservator, executor or administrator. No Claim
may be filed on behalf of a class of persons unless verified by every member of that class
as required by this section. In addition, all Claims shall contain the information required
by California Government Code Section 910.
(3) All Claims shall be presented to the town clerk and shall be submitted in
accordance with this section and the Government Claims Act. For purposes of
determining whether a Claim is timely presented, a Claim is presented to the town clerk
when it is received in the office of the town clerk.
(4) A Claim shall be submitted on the claim form furnished by the town. A Claim
may be returned if it was not presented using the proper form.
(5) Where there is a conflict between the provisions of the Government Claims
Act and this chapter, the provisions of this chapter shall apply.
(b) Tax Refund Claims. In addition to the presentation requirements set forth in
subsection (a), tax refund Claims shall be subject to the presentation requirements set
forth in this subsection and to any other legal requirements or conditions stated in
applicable tax refund provisions in the Municipal Code. Every tax refund Claim shall
state the following:
(1) the specific amount claimed to have been overpaid or paid more than once, or
erroneously or illegally collected or received by the town;
(2) the tax period at issue, and
(3) the grounds upon which the claim is founded, with specificity sufficient to
enable town officials to understand and evaluate the claim. A tax refund Claim shall be
signed by the taxpayer or, if applicable, the person obligated to remit the tax, or such
person's guardian or conservator. No agent, including the taxpayer's attorney, may sign
a tax refund claim. Class Claims for tax refunds shall not be permitted.
Section 3B-2 Action by Town; Delegation of Authority. r
(a) Pursuant to Government Code Section 912.4, the town shall act on a Claim within
forty-five days after the claim has been presented. By mutual agreement of the claimant
and the town, such forty-five day period may be extended by written agreement. If the
claim is not acted on within forty-five (45) days, it shall be deemed to have been rejected
on the forty-fifth (45th) day unless such time period has been extended, in which case it
shall be denied on the last day of the period specified in the extension agreement.
(b) The town attorney shall have the authority to review all claims. In the event that the
town attorney finds that the claim is not a proper charge against the town, the town
attorney shall have the authority to reject the claim. This subsection 313-2(b) shall apply
to all claims, including, without limitation, claims submitted under this chapter and
claims submitted under the Government Claims Act.
Section 3B-3 Exhaustion of Administrative Remedies.
(a) Lawsuits Generally. No suit for money or damages may be brought against the town
or any officer, employee, board, commission or authority of the town on a cause of action
for which a. claim is required to be presented by this chapter unless (a) a written claim
therefore has been presented in accordance with this section and has been rejected by the
town or deemed to have been rejected; and (b) the claimant has exhausted all
administrative remedies applicable to the claim.
(b) Lawsuits Regarding Taxes, Fees or Other Charges. No suit for judicial relief with
respect to a dispute regarding a tax, fee or other charge may be brought against the town
or any officer, employee, board, commission or authority of the town until (a) the
disputed tax, fee or charge, with interest and penalties owing, has been first paid to the
town, (b) a claim for refund has been presented by the claimant in accordance with this
section and the town has rejected the claim or the claim is deemed to have been rejected,
and (c) the claimant has exhausted all administrative remedies applicable to the claim.
(c) Where the town takes action on a claim subject to this chapter:
2
(1) If the town allows the claim in full and the claimant accepts the amount
allowed, no suit may be maintained on any part of the cause of action to which the claim
relates.
(2) If the town. allows the claim in part and the claimant accepts the amount
allowed, no suit may be maintained on that part of the cause of action which is
represented by the allowed portion of the claim.
(3) If the town allows the in pail and requires the claimant to accept the amount
allowed in settlement of the entire claim, no suit may be maintained on no suit may be
maintained on any part of the cause of action to which the claim relates.
Section 3B-3 Limitation Period; Time for Filing Claims.
Any claim specified in this chapter shall be presented within the following time
limitations established in Government Code Section 911.2:
(a) Claims relating to a cause of action for death, injury to person or to personal property,
or growing crops shall be presented within six months after the accrual of the cause of
action.
(b) Claims relating to any other cause of action shall be presented within ope year after
the accrual of the cause of action.
(c) When a claim that is required by this chapter to be presented not later than six months
after the accrual of the cause of action is not presented within that time, the claimant may
apply in writing to the town for leave to present that claim, as provided by Goverment
Cody; section 911.4. The town will consider the application pursuant to Government
Code section 911.6.
(d) The limitations periods set forth in this section shall be automatically adjusted to
reflect any changes in the limitations periods set forth in Government Code Section 911.2
or its successor statute.
Section 3B-4 Limitation Period; Time for Commencing Suit.
Any suit against the town on a cause of action for which a claim is required to be
presented in accordance ~N,ith this chapter must be commenced:
(a;)lf the town has given written notice of its action, not later than six months after the
date such notice is personally delivered or deposited in the mail.
(b) If the town has not given written notice of its action., within two years from the
accrual of the cause of action.
(c) The limitations periods set forth in this section shall be automatically adjusted to
reflect any changes in the limitations periods set forth in Government Code Section 945.6
or its successor statute.
Section 3B-4 Effective Date of Chapter; Transitional Clause.
The provisions of this Chapter shall apply retroactively to any causes of action occurring
prior to the effective date of this Chapter. Notwithstanding the foregoing, any claim that
would have been timely if presented on the day before this Ordinance becomes effective
which claim would be untimely under the requirements of this Ordinance may,
notwithstanding this Ordinance, be presented not later than the 45"' day after the adoption
of this Ordinance.
3
SECTION 2. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, is for any reason held to be
invalid or unenforceable, such invalidity or unenforceability shall not affect the validity
or enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any other person or
circumstance. The Town Council of the Town of Tiburon hereby declares that it would
have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more other sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
SECTION 3. PUBLICATION AND EFFECTIVE DATE.
This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
Before the expiration of fifteen (15) days after passage by the Town Council,a copy of
the ordinance shall be published with the names of the members voting for and against it
at least once in a newspaper of general circulation published in the Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on June 15, 2011, and was adopted at a regular meeting of the Town Council of
the Town of Tiburon on July 6, 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFFREY SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
4
To:
From:
Subject:
Reviewed by:
BACKGROUND
Mayor & Members of the Town Council
Town Council Meeting
July 6, 2011
Agenda Item: c-
CC-
Town Manager and Community Development Department
Update on Proposed Sam Chapman Memorial at Point Tiburon Plaza
The effort to create a memorial to local baseball great Sam Chapman has been ongoing since at
least 2003 and was first presented to the Town Council in March 2005. At that time, the proposal
was to erect a bronze statue of Mr. Chapman seated on a bench in Ferry Plaza. In August 2006,
the Town Council approved the proposal subject to an encroachment permit and indemnity, but
the project did not move forward, primarily for funding reasons.
More recently, efforts have focused on a smaller-scale tribute to be located on private property at
Point Tiburon Plaza. The project proponents have secured permission from the property owner
and are prepared to begin work on the monument; its two bronze plaques have already been
fabricated. An application for Site Plan & Architectural Review approval has been submitted to
the Town and is scheduled for staff action following the Town Council meeting.
ANALYSIS
The current proposal calls for a brick monument, matching the Point Tiburon Plaza sidewalk
bricks in color, to be placed in an existing landscape planter area at the Plaza, near the crosswalk
across Tiburon Boulevard from Main Street. The roughly square structure would range from 37
to 42 inches in height, would be 28 inches wide and 24 inches deep, and would contain a plaque
commemorating Sam Chapman on the top and on the front face. The sides and rear would be
exposed brick, surrounded by enhanced landscaping to be planted in the planter area. Please refer
to attached materials in Exhibit 1 for details.
Town staff has reviewed and is supportive of the proposal. Unless Staff hears contrary concerns
from the Town Council, it will approve the design review application with a condition requiring
provision and maintenance of enhanced landscaping on the three exposed brick sides of the
structure.
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
RECOMMENDATION
This is a Consent Calendar item, and if adopted as part of the Calendar will constitute Council
concurrence with Staff's intention to approve the application.
EXHIBITS
1. Photos and Graphics of current proposal.
2. Town Council materials from March 2005 and January 2006.
3. Town Council staff report and minutes of August 2, 2006.
Prepared by: Scott Anderson, Director of Community Development 4
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TOWN OF TIBURON
STAFF REPORT
To: TOWN COUNCIL
From: CHAIR, HERITAGE & ARTS CONMSSION
Subject: BRONZE STATUE OF SAM CHAPMAN
Date: MARCH 28, 2005
BACKGROUND
In December of 2003, the Heritage & Arts Commission was approached by Frank Buscher with a proposal to
commemorate "home town hero" Sam Chapman with a fountain on the plaza. He presented us with information
detailing Mr. Chapman's achievements in athletics, as well as his upbringing in Tiburon as part of one of the
early families. He also provided us with a list of over 100 Tiburon residents who supported the idea. At the
time, H & A was working on the plaza art project, and advised Mr. Buscher that it would not be possible to do
what he asked. However we did advise him that some commemorative to Mr. Chapman could be possible.
.t our regular meeting in November of 2004, Mr. Buscher returned with Sam Chapman, his son Chris
-hapman, daughter Cathy and attorney Jay MacMahon. He proposed that Mr. Chapman be commemorated
with a seated bronze statue on a bench in the downtown plaza area. At the time Mr. Buscher did not have
drawings or specifics regarding the project. We recommended that they prepare a detailed proposal with a
rendering of the statue and its possible location.
At our regular meeting on March 22, 2005, the Chapman group returned (Mr. Buscher was absent due to
illness). Mr. MacMahon presented us with an artist's sketch of the proposed statue and photos of the benches in
the downtown plaza area.
DISCUSSION
The H & A commissioners discussed the idea with Mr. MacMahon and the Chapman family and decided that
the best location would be at the ferry plaza on one of the benches closest to the intersection of Paradise Dr. and
Main St., facing the Point Tiburon fountain. (see photos No. 03 and 04, in the materials provided to Council
members by the Chapman group.) This location would have the statue of Mr. Chapman facing the approximate
location of the old baseball playing fields where Chapman once played. Additionally it would provide a good
spot for people to have a photo opportunity with Mr. Chapman's likeness and the San Francisco skyline in the
background.
We also discussed the need for an informational plaque near the statue, to detail some of Mr. Chapman's
achievements. We agreed that the best choice would be a plaque similar to the historical trail plaque's recently
Y-KNIIBIT NO.
31aced along the bike path. The location should be adjacent to the end of the bench where the statue is placed,
ind slightly below the top of the bench back.
Mr. MacMahon made it clear that the statue would be fully funded from private sources, and that he already ha
some potential donors.
H & A Commissioners discussed the idea and concluded that the only potential issue was that a
commemoration of this nature would set a precedent and others would come forward to similarly commemorat
prominent citizens. However we believe if it were made clear that because Mr. Chapman is unique as a
regionally and nationally known sports star, and from a family with the deepest of roots in the Town, that this
would be a one-of-a-kind tribute. In addition we concluded that the ferry plaza area mentioned above could us
a sculpture of this kind to create some interest in an otherwise spartan area.
The commissioners voted unanimously to approve the proposal as outlined above.
CONCLUSION
The Heritage & Arts Commission recommends to the Town Council that it allow a bronze seated statue of Sai
Chapman to be placed on a bench in the ferry plaza near the corner of Main St., facing the Point Tiburon
fountain. In addition, an informational plaque should be placed adjacent to the statue against the end of the
bench and slightly lower than the bench-back height. This statue will privately financed.
Mayor Smith suggested that there be a "not to exceed" number for 2006, in the amount of $5,000
or $6,000, and that the number of police should be monitored by the Chief, as needed.
The Mayor also recommended that the Chamber pay for any overages to such an agreement.
Council directed Staff to proceed with a budget amendment.
M~+ 7. Presentation by Jay MacMahon - Proposed Statue in honor of Sam Chapman
Mr. MaMMahon presented a proposal to Council whereby local baseball legend Sam Chapman
would be honored through the installation of a bronze sculpture on a bench at the Tiburon Ferry
Plaza. He said that he had known Sam for 50 years and that he would turn 90 on April 11.
Mr. MacMahon said that no public funds would be involved in the project, which would be
funded by residents and businesses in Belvedere and Tiburon. He estimated the project cost to be
between $36,000 and $40,000.
Mr. MacMahon submitted an updated list of business owners who had endorsed the project to the
Council. He noted that Mrs. Laleh Zelinsky had indicated that she would support both the statue
and its proposed location, and said that Kathy Chapman, Sam's daughter, had received a similar
response from Mrs. Chong Cook. In addition, he said that Town Historian Bran Fanning
endorsed the project.
Mr. MacMahon said that the Heritage & Arts Commission had unanimously approved the project
in concept in March 2005. He said that the Commission had deemed the Ferry Plaza bench to be
the best location; he said that this location was significant in that the statue would face the
approximate location of the field where Mr. Chapman used to play.
According to McMahon, the Commission suggested that an information plaque, similar to the
historic trail plaques installed by the Tiburon Peninsula Foundation, be installed to describe the
significance of the statue.
Mr. MacMahon reviewed Mr. Chapman's athletic career; he said that the last time that CAL had
won the Rose Bowl was 67 years ago when Mr. Chapman was on the team. He also enumerated
his accomplishments as a baseball player, drafted directly out of CAL, to the Philadelphia
Athletics. Mr. Chapman interrupted his baseball career to go to war, according to MacMahon,
when he joined the Navy in 1942-1945. He ended his baseball career in 1951 with the Cleveland
Indians, and was subsequently inducted into five halls of fame.
Mr. MccMahon said that Mr. Chapman was the best athlete to come out of Marin and certainly to
come from Tiburon. In addition, he said that his qualities of integrity and humility made him an
exemplary model for youth in Tiburon and the County.
Town Council Minutes # 02-2006 January 18, 2006 Page 9
MacMahon said that the only issue raised by the Heritage & Arts Commission was the question
of setting a precedent (for other requests to install commemorative statues in public space); he
said that it would not be a precedent if it were made clear that this man was a regionally and
nationally known star with family roots in Tiburon; that this was a "one of a kind" tribute.
Kaleen (Kathy) Chapman, daughter, said that the seed for the idea had been planted 20 years ago
when her father had been asked to be Grand Marshal in a parade to honor Tiburon's 100 years of
railroad history. She said that he was an innately kind and inclusive man and that he could be
seen as an "historical face" of Tiburon. She added that the sculpture would be an interesting
piece of local history.
Mill Valley artist Gloria Nusse described the material (bronze) and concept of the sculpture-
Sam sitting on the bench with a bat in hand. She said that it would be interactive in that people
could sit next to him for photographs and the like. She said that the mounting, details would have
to be worked out but said that it would have to be "bronze on bronze."
Ms. Nusse noted her experience working with public agencies, including a recent installation at
Yosemite National Park, and said that she looked forward to the project.
Councilmember Fredericks asked if the sculpture could be forged and installed for $34,000. Ms.
Nusse replied that it was the price of the sculpture only.
Chris Morrison, Ark Row, said that he had joined the committee because it was an excellent
project; said that it would become a focal point of the ferry plaza and that it shouldn't be located
"in a ball field somewhere." He said that the drawings were preliminary; that the only opposition
he had encountered was from one person in Point Tiburon who was concerned about their view.
Councilmember Fredericks asked if the residents of Pt. Tiburon had received notice of this
meeting. Chris Morrison replied that he had invited the person to come to the meeting and that
some Pt. Tiburon residents had signed the petition in favor of the project.
Mayor Smith asked what the Council was being asked to consider this evening. Town Manager
McIntyre said that the Council should give feedback to Mr. MacMahon and the committee.
Bill Kuhn, Belvedere resident and member of Sunset Rotary, said that his organization supported
the project. He said that he had thought about other locations, such as one of the school fields or
Strawberry, but said that Sam was a Tiburon boy and that the location was perfect.
Don Davis, Corinthian Island resident, said that he met Sam in 1951 or 1952; said that he was a
strong but gentle man, and humble. He said that he could recommend the project to
commemorate a "good friend" and a "first class nice guy."
Town Council Minutes # 02-2006 January 18, 2006 Page 10
Fred Montegani, Tiburon native born in 1918, gave additional historical background on Sam and
his own baseball experience with the Tiburon Timeclocks. He said that Sam had gone on to "put
Tiburon on the map" in those days.
Mayor Smith closed the public hearing.
The Mayor said that he was a strong supporter of the project for several reasons. He agreed that
the ferry plaza would be enhanced and that it was the best location; he said that it did not impact
any views because "people sit [on benches] too." He said that he had discussed the issue with
several Pt. Tiburon boardmembers.
Mayor Smith said that it was important to let today's kids see the Town's history and to have
someone to look up to; that baseball was about having heroes and dreams and that Sam is a hero
who can keep our kids' dreams alive. He noted that the Town had recently approved a fountain in
honor of one of its citizens, Mr. Zelinsky, and added that the Town lacked this kind of artwork.
Councilmember Fredericks asked that serious examination be given to other points of views and
that the larger questions, such as who deserves a memorial, be answered. She said that it would
be a "sad task" to have to choose.
Councilmember Fredericks said that the Town had adopted a policy in order to limit the
placement of plaques and benches in public space and that past applications for public art in the
waterfront area had been denied. She said that the idea of keeping the area with "compelling
views of the Bay" pristine was worth considering.
That being said, Councilmember Fredericks said that perhaps this project would be an exception
due to Mr. Chapman's historical ties with Tiburon; however, she said that there should be a
serious investigation into other locations, as well.
Councilmember Berger said that there was no doubt in his mind that the project would receive
funding. He added that there might have to be room on a bench for Tiburon athletes Johnny
Moseley and Pam Healy, as well.
Berger said that the committee should proceed with its efforts to work out the details. He said
that the sculpture was a way to keep telling the history of Tiburon.
When asked about the proposed location, Berger concurred that the siting was good, facing the
old ball field, and added that it was "exactly the right spot."
Councilmember Gram said he, too, was in favor of the location. He said that he would like to see
the total cost of the package and to have the issues of ongoing maintenance and possible
vandalism addressed. He also said that he would like to see how the committee planned to
display the plaque and asked that it not detract from the artwork itself.
Town Council Minutes # 02-2006 January 18, 2006 Page 11
Councilmember Slavitz agreed that Sam "is a legendary person." He said that he had served on
the Heritage & Arts Commission when the "Memory Book" was instituted [in lieu or plaques and
benches] and that it just did not seem to be enough.
However, Slavitz said that he was concerned about how this sculpture would work with the other
public art installation nearby and hoped that it would all work together and not be out of
character. He said that he was in favor of the idea and thought that the location was appropriate.
Mr. MacMahon asked what procedure should be followed to pursue the project. Mayor Smith
directed Mr. MacMahon to prepare a formal proposal and address the specific issues raised by
the Council, and that mock-ups and material samples would be helpful, as well.
Item continued.
8. Presentation by Dr. Tom Cromwell - Disaster Preparedness for Tiburon Peninsula
Item continued without hearing.
9. Report by Director of Community Development - Options to Fill Planning
Commission Vacancy
Because the Council was not prepared to interview commission applicants prior to its March 1
meeting, Director Anderson recommended that a former Mayor or Planning Commissioner be
appointed on an interim basis in order to reach a quorum for the Belvedere Tennis Club
application hearing scheduled before the Planning Commission on February 22.
Council directed Anderson to return with some names for Council's consideration and to
schedule an interim appointment.
COUNCIL AND COMMITTEE REPORTS
None.
WRITTEN COMMUNICATIONS
Town Council Weekly Digest - January 6, 2006
Town Council Weekly Digest - January 13, 2006
Town Council Minutes # 02-2006 January 18, 2006 Page 12
Town of Tiburon
STAFF REPORT
TO:
FROM:
SUBJECT:
MEETING DATE:
AGENDA ITEM
Mayor and Members of the Town Council
Heidi Bigall, Interim Town Manager
Sam Chapman Statue at Tiburon Ferry Plaza
August 2, 2006
REVIEWED BY:
At its regular meeting of January 18, 2006, the Town Council received a presentation by Jay
MacMahon on a proposal to install a bronze statue of Tiburon baseball legend Sam Chapman.
The proposal is to have a sculpture of Mr. Chapman seated on a bench at the Tiburon Ferry
Plaza. Funding for the project is to be completely from private donations. The Heritage and
Arts Commission unanimously approved the concept in March 2005 at which time the
Commission recommended the Ferry Plaza as the best location.
At the January 18th meeting Council provided input on the application and Mr. MacMahon was
directed to prepare a formal proposal and address specific issues raised by the Council. Issues
that were raised included an investigation into other locations for the sculpture; what the total
cost of the project is anticipated to be; addressing ongoing maintenance of the statue; and
information on how the committee planned to display the plaque so that is does not detract from
the statue.
The attached brochure illustrates the proposed statue design and bench location on the Tiburon
Ferry Plaza. The proposed wording for the plaque is described on page 5 of the brochure along
with the plaque installation location. The last page provides a cost estimate for the project, by
the proposed artist of $40,000.
Mr. MacMahon will provide an oral presentation on the project at the meeting and will specifically
address the issues of maintenance and indemnification.
Recommendation
Staff recommends that the Town Council receive a final presentation from Mr. MacMahon on the
proposed Sam Chapman statue, take public comments and then approve the installation of the
Sam Chapman statue at the Tiburon Ferry Plaza, subject to the obtaining an encroachment
permit, and providing indemnity and maintenance agreements that are satisfactory to the Town.
Exhibits
1. Sam Chapman Statue Brochure
2. Excerpt from January 18, 2006 Town Council Minutes
3. Memorandum from Heritage & Arts Commission to Town Council dated 3/25/05
F,YTIT-131T NO. t3
In summary, the response to Councilmember Frederick's question was that the budget ~
amendment, allocated among all the member agencies of the JPA, was for a one-time expense,
and that Tiburon's share was $2,163.
MOTION: To adopt Consent Calendar Item No 4, above.
Moved:. Fredericks, seconded by Berger
Vote: AYES: Unanimous
ABSENT: Gram, Slavitz
PUBLIC FEARING
5. Report by Interim Town Manager Request for Final Approval for Placement of
Statue of Sam Chapman in Ferry Plaza
Proponent Jay MacMahon gave some background and a summary of the project, which he said
was started three years ago by [retired Tiburon Fire Chiefl Frank Bushcher. Mr. MacMahon
reviewed Sam's athletic history and noted that his children were in the audience tonight.
Mr. MacMahon said that in March 2005, the Heritage & Arts Commission had approved the
concept of the creation and placement of a statue of Sam Chapman in the Ferry Plaza area, and
that in January of 2006, the Council had also approved it subject to further inquiry and
investigation.. MacMahon said that the Town wanted agreements regarding maintenance and
indemnity, as well as an encroachment permit.
i
Mr. MacMahon said that attorney Hadden Roth was working with. Town Attorney Danforthto
craft an indemnity agreement that would be subject to final approval by the Council.
Mr. MacMahon showed the Council a new version of the model statute sitting on a bench in the
proposed location. The bench in the ferry plaza closest to Main Street and facing Pt. Tiburon, the
site of the old ballfield where Sam had played, was the best location, according to MacMahon.
McMahon said that the previous artist selected for the project had withdrawn and that Daniel
Oberti had agreed to take it on. Mr. Oberti briefly described some recent projects and credentials.
He also described his vision for the creation of the statute and stated his enthusiasm for the
project.
In response a question from the Mayor about the process of creating the sculpture, Mr. Oberti
described of using a plaster cast of a model's body (his son-in-law), and that he would
collaborate with another artist (Heidi Hornberger) on the facial expression. He said that the
statute would be sculpted in plasticene clay and cast in bronze at a foundry in Sebastopol.
In response to a question from Council, Mr. MacMahon said that the artist's estimate of $40,000
was a "base figure" which would most likely go up.
Town Council Minutes # 17-2006 August 2, 2006 Page 3
1-~ Chris Morrison said that the Tiburon Peninsula Foundation had pledged to "take over" the
stewardship of the project and provide maintenance in perpetuity.
Councilmember Fredericks asked whether the $2,000 described in the TPF minutes (handed out
by Mr. Morrison) was the total amount pledged for maintenance. She said that while it was a
generous offer, she questioned whether it was, in fact, a pledge for maintenance in perpetuity.
Mr. Morrison said that while he would personally keep the statute clean during his lifetime, the
Foundation's pledge was for $2,000, rather than in perpetuity.
Mayor Smith opened the public hearing.
Mayor Smith commented that in addition to Sam's athletic achievements, Mr. Chapman had
family roots in Tiburon which also warranted consideration of the statue in his honor.
Mark Chapman, Sam's youngest son, and his daughter Kathy, both expressed their appreciation
on behalf of the family.
Phil Cassou, Landmark's Society President, said that his organization also wanted to lend its
support. He noted how few memorials there were in town to honor local citizens ("just a horse"),
and said that there was now an opportunity to honor a "native son." He applauded the efforts.
Mayor Smith' closed the public .hearing.
Councilmember Fredericks said that while it was clear that Sam was deeply loved and had
excellent bona fides, she was concerned about the lack of a memorial policy which could lead to
the shoreline becoming a "memorial park." She spoke in favor of creating such a policy.
Ms. Fredericks said that she viewed the statute as a piece of artwork, and that in its current form,
it did not meet the aesthetic standard of the nearby fountain. She said that there were better
locations for such a statute, and in the absence of a ball field, Zelinsky Park, McKegney Careen,
or South Knoll Park would be preferable to the proposed location. She also said that the Town's
history was one of the rail road, and that a plaque with lengthy text was called for in order to
explain who the person being honored [Sam Chapman] was.
Councilmember Berger said that he was sympathetic to some of Councilmember Frederick's
concerns, however, he said that the benefits of the statute outweighed these concerns. He said
that it would keep the historic idea of the town alive, and that there was in fact a ball field in that
location at one time where the "Tiburon Timeclocks" played; and that this was the time when the
town was "rough and tumble."
Mr. Berger also said how happy he was to have Mr. Oberti, one of the artist finalists on the
fountain project, "back on the team."
Town Council Minutes # 17-2006 August 2, 2006 Page 4
Mayor Smith said that two years ago, he had received a letter "out of the blue" from Frank
Buscher with the concept for the Sam Chapman statute in downtown. He said the idea was now
supported by the Heritage & Arts Commission, Landmarks Society, and Tiburon Peninsula
Foundation and that he had heard no objection from the public.
Mayor Smith said that he could not think of a better person to honor, with his family ties to
Tiburon. Smith said that baseball was the "quintessential American sport," and that Sam's
athletic career and his service to his country would continue to set an example for current and
future generations.
Mayor Smith noted that the Zelinksy family was also placing a plaque on the fountain across the
street. He said he thought that the proposed location was appropriate, as it was secure and well
lit. Nevertheless, Mayor Smith said that the statute and bench should be affixed in a "permanent
way" to avoid vandalism.
MOTION: To support the placement of the Sam Chapman statute in the proposed location
pending finalization of the indemnity agreement and encroachment permit.
Moved: Smith, seconded by Berger
Vote: AYES: Berger, Smith
NOES: Fredericks
ABSENT: Gram, Slavitz
6. Recommendation by Planning Manager.-- Tiburon Highlands Precise Development
Plan Request to Amend a Building Envelope
Applicants:
Address:
Assessor Parcel No.
Andrew & Robin Bloch
18 Upper Cecilia Way
034-360-23
a) A Resolution of the Town Council of the Town of Tiburon
Approving an Amendment to the Tiburon Highlands Precise
Development Plan (PD #15) for Property located at
18 Upper Cecilia Way - AP No. 034-360-23
Council waived the staff report, noting that the Planning Commission had voted 5-0 in support. of
the amendment and that the building envelope was well -back from the rear yard setback.
Mayor Smith opened and closed the public hearing. There was no public comment.
MOTION: To adopt resolution, as presented.
Moved: Berger, seconded by Fredericks
Vote: AYES : Unanimous
ABSENT: Guam, Slavitz
low
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Town Council Minutes # 17-2006 August 2, 2006 Page 5