HomeMy WebLinkAboutTC Agd Pkt 2012-08-15TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
AGENDA
TIBURON TOWN COUNCIL
CALL TO ORDER AND ROLL CALL
Regular Meeting
Tiburon Town Council
August 15, 2012
Meeting time - 7:30 p.m.
Councilmember Doyle, Councilmember Collins, Councilmember Fredericks, Vice Mayor
O'Donnell, Mayor Fraser
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.
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. Amendments to Town Code pertaining to Mobile Vending Vehicles - Adopt ordinance
amending Title VI, Chapter 23 (Motor Vehicles and Traffic) of the Tiburon Municipal
Code to prohibit the parking or standing of mobile vendors on certain street segments
during certain hours (Chief of Police Cronin)
2. Amendments to Town Code pertaining to the Keeping of Chickens and Honey Bees
and other text amendments - Adopt ordinances amending Title VI, Chapter 20
(Animals) and Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code (Town
Code) (Director of Community Development Anderson)
A) An Ordinance of the Town Council of the Town of Tiburon Amending Municipal Code
Title IV, Chapter 16 (Zoning) by Making Various Text Amendments including but not
limited to adding, deleting and modifying definitions, adding a section regarding
reasonable accommodation [for the disabled], requiring site plan and architectural
review approval for demolition of structures, making amendments to requirements for
Temporary Use Permits, Tidelands Permits, vehicle gate setbacks, secondary dwelling
unit s and termination of nonconforming uses, and modifying affordable housing overlay
zone incentives consistent with the Tiburon General Plan;
B) An Ordinance of the Town Council of the Town of Tiburon Amending Municipal Code
Title IV, Chapter 16 (Zoning) and Municipal Code Title VI, Chapter 20 (Animals) with
respect to Chicken and Honey Bee-Keeping Regulations and Miscellaneous other
Amendments
3. Management/Mid-Management Compensation Program - Adopt resolutions repealing
Resolution No. 22-2012 and No. 23-2013 and adopted amended resolutions for Fiscal
Year 2012-13 to correct clerical errors (Director of Administrative Services Bigall)
4. Memorandum of Understanding (MOU) with Service Employees International Union
(SEIU) - Approve MOU between Town of Tiburon and SEIU Local 2021 effective July 1,
2012 through June 30, 2015 (Director of Administrative Services Bigall)
ACTION ITEMS
1. Establish Name for new Joint Recreation Facility at 600 Ned's Way - Consider
recommendation of Heritage & Arts Commission and determine appropriate name for
new building at 600 Ned's Way (Town Manager Curran)
2. Encroachment Permit for Staircase at 1877 Centro West - Consider approval of
encroachment permit for the installation of a staircase in the public right-of-way at 1877
Centro West Street, Assessor Parcel No. 059-07-16 (Director of Public Works/Town
Engineer Nguyen)
PUBLIC HEARINGS
1. 1 Blackfield Drive - Consider appeal of Design Review Board decision to approve a request
for site plan and architectural review to construct exterior alterations to an existing
commercial building (Planning Manager Watrous)
Applicants: Fresh &t Easy Neighborhood Markets; Nadel Architects
Appellants: Darren Wein, Jennifer Rasmussen, Lynde Selden, Kyle and Ann Mary
Belek, Murray and Tiffany Dunn
AP No. 034-212-18
2. 2308 Mar East Street - Consider appeal of Design Review Board decision to approve a
request for site plan and architectural review to construct additions to an existing
single-family dwelling with variances for reduced side yard setbacks and excess lot
coverage, and a floor area exception (Associate Planner Tyler)
Applicant: Dr. Peter Wilton
Appellants: Magdalena Yesil and Jim Wickett, David and Kathryn Kulik
AP No. 059-195-01
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
WEEKLY DIGESTS
• Town Council Weekly Digest - August 3, 2012
• Town Council Weekly Digest - August 10, 2012
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 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.
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of Town Council
Community Development Department
Town Council Meeting
August 15, 2012
Agenda Item: CC Subject: Adoption of Ordinance Making Text Amendments to Title VI, Chapter 23
(Motor Vehicles and Traffic) of the Tiburon Municipal Code Relating to
Regulation of Mobile Vendor Vehicles
Reviewed By:
BACKGROUND
The Town Council held first reading of this ordinance following a public hearing at its meeting
on August 1, 2012, and waived all further readings. The ordinance 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 enact final adoption of the ordinance, a draft of which is
attached as Exhibit 1, as part of the Consent Calendar.
EXHIBIT
1. Draft Ordinance.
Prepared by: Scott Anderson, Director of Community Development C~
S: Wininistration I Town CouncihStaff Reports 12012 1A ugust 15 DraftslMobile Vendor Vehicle staff report.doc
TOWN OF TIBURON PAGE 1 OF 1
ORDINANCE NO. 540 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING PROVISIONS OF TITLE VI,
CHAPTER 23 OF THE TIBURON MUNICIPAL CODE
(MOTOR VEHICLES AND TRAFFIC)
The Town Council of the Town of Tiburon does ordain as follows:
Section 1. Findings.
A. The Town Council has held a public hearing on August 1, 2012, and has heard and
considered any and all public testimony on this matter.
B. The Town Council finds that all notices and procedures required by law attendant to
the adoption of this Ordinance have been followed.
C. The Town Council finds that the amendments made by this Ordinance are necessary
for the protection of the public health, safety, and welfare.
D. The Town Council has found that the amendments made by this Ordinance are
consistent with the goals and policies of the Tiburon General Plan and other adopted
ordinances and regulations of the Town of Tiburon.
E. The Town Council finds that this is not a "project" as defined by the California
Environmental Quality Act.
Section 2. Amendment to Title VI, Chapter 23, Section 23-36.
Title VI, Chapter 23, Section 23-26 of the Tiburon Municipal Code is amended to read as
follows:
23-36 UNLAWFUL PARKING - PEDDLERS, VENDORS
(a) No person shall stand or park any vehicle, wagon, pushcart, or any
other means of transport (including lunch wagons or eating cars) from which
goods, wares, merchandise or food are offered for sale, barter or exchange
(collectively, "Mobile Vendor"), on any portion of any street within the
town except as expressly allowed by this section.
(b) Subject to the exceptions set for in subsection 23-36(c), a Mobile
Vendor may stand or park at the request of a bona fide purchaser for a period
Ez&/6~(,4 I
Town of Tiburon Ordinance No. N.S. Effective --/--/2012 Page
of time not to exceed ten minutes at any one place. The driver of any Mobile
Vendor snaking this type of stop shall bring the vehicle to a complete stop
and park adjacent to the curb as required by Vehicle Code section 22455.
The provision of this subsection shall not apply to persons delivering such
articles upon order of, or by agreement with a customer from a store or other
fixed place of business or distribution.
(c) No person shall stand or park any Mobile Vendor from which
consumable goods, wares, merchandise or food are offered for sale, barter or
exchange, on any of the following portions of any street between the hours
of 7:00 AM and 5:00 PM on any weekday:
(1) Karen Way in its entirety
(2) Corte San Fernando in its entirety
(3) Corte Palos Verdes in its entirety
(4) Corte Las Casas in its entirety
(5) Reed Ranch Road between Corte Las Casas and Via
Capistrano
(6) Blackfield Drive between Reedland Woods Way and Via
Capistrano
(7) Claire Way in its entirety
(8) Leland Way in its entirety
(9) Kleinert Way in its entirety
(10) Ned's Way in its entirety
(11) Lyford Drive between Tiburon Boulevard and Roundhill
Road
(12) Tiburon Boulevard between Mar West Street and Ned's Way
(13) Rock Hill Road between Tiburon Boulevard and Delmar
Drive
(14) Hawthorne Drive in its entirety
(15) Hilary Drive between Maravista Court and its southerly end
at the St. Hilary Church gated entrance
(16) Hilary Drive from the intersection of Theresa Court to its end
northwest of Howard Drive
(17) Howard Drive between Hilary Drive and Rowley Circle
(18) Rowley Circle in its entirety
Town of Tiburon Ordinance No. N.S. Effective --/--/2012 Page 2
(19) Avenida Miraflores between Tiburon Blvd. and Francisco
Vista Court
(20) Pine Terrace in its entirety
(21) Felipa Court in its entirety
(22) Tiburon Boulevard between McCart Court and the north end
of the Golden Gate Transit bus stop located approximately
300 feet north of Avenida Miraflores.
(d) No person shall park or stand any vehicle or other means of transport
used or intended to be used in transportation of property for hire on any
street while awaiting patronage for such vehicle without first obtaining a
written permit to do so from the town traffic engineer which shall designate
the specific location where such vehicle may stand. Such permits may be
revoked for cause, including parking in unauthorized locations, by the town
traffic engineer.
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 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 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 August 1, 2012, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on August 15, 2012, which was noticed pursuant to
relevant sections of the California Government Code, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
Town of Tiburon Ordinance No. N.S. Effective --/--/2012 Page 3
ABSENT: COUNCILMEMBERS:
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town of Tiburon Ordinance No. N.S. Effective --/--/2012 Page
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of Town Council
Community Development Department
Town Council Meeting
August 15, 2012
Agenda Item: CC _ Z
(A)
Adoption of Ordinance Making Text Amendments to Title IV, Chapter 16
(Zog) of the Tiburon Municipal Code
The Town Council held first reading of this ordinance following a public hearing at its meeting
on August 1, 2012, and waived all further readings. The ordinance 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 enact final adoption of the ordinance, a draft of which is
attached as Exhibit I. as part of the Consent Calendar.
EXHIBIT
1. Draft Ordinance.
Prepared by: Scott Anderson, Director of Community Development
S: Udministration I Town CouncillStafj"Reports1201214ugust 15 DraftslZoning Ordinance Text Amendments adoption.doc
rOWN OF TIBURON PAGE 1 OF 1
DRAFT ORDINANCE NO. 541 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) BY MAKING
VARIOUS TEXT AMENDMENTS
SECTION 1. FINDINGS.
A. On June 13, 2012, the Planning Commission adopted Resolution No. 2012-10
recommending to the Town Council that various text amendments be made to Title IV,
Chapter 16 (Zoning) of the Tiburon Municipal Code.
B. The Town Council held a duly noticed public hearing on August 1, 2012 and has heard
and considered all public testimony on the proposed Ordinance.
C. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
D. The Town Council finds that the amendment actions made by this Ordinance are
necessary for the protection of the public health, safety, and welfare.
E. The Town Council has found that the amendments made by this Ordinance are consistent
with the goals and polices of the Tiburon General Plan and other adopted ordinances and
regulations of the Town of Tiburon.
F. The Town Council finds that adoption of this ordinance is exempt from the requirements
of the California Environmental Quality Act pursuant to Sections 15304 and 15305 of the
CEQA Guidelines, as well as being exempt from CEQA under the "general rule",
pursuant to Section 15061(b)(3) of the CEQA Guidelines.
SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.
Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code shall be amended as follows:
(A) Section 16-21.030, Table 2-1, shall be modified to read as follows:
Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 1
EXHIBIT NO.
TABLE 2-1 P Permitted Use
Allowed Land Uses and Permit Requirements U Conditional Use Permit
for Residential Zones - Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Us
LAND USE (1) R-1 R-1-B RO R-2 R-3 RPD RMP Regulation
AGRICULTURAL & OPEN SPACE USES
Agriculture
U
U
U
U
U
U
U
Botanical conservatories, outdoor nature laboratories, similar
facilities
-
-
-
-
-
U
U
Open space use
-
-
-
-
-
P
P
Wildlife sanctuaries
-
-
-
-
-
U
U
RECREATION. EDUCATION & PUBLIC ASSEMBLY USES
Equestrian facility (2)
U
U
U
-
-
U
U
Title VI, 20-;
Golf course/country club
U
U
U
-
-
U
U
Library, museum
U
U
U
U
U
-
-
Parochial or other nonprofit school - elementary, secondary, or
college
U
U
U
U
U
U
U
Philanthropic or charitable facility
U
U
U
U
U
U
U
Private residential recreation facilities
U
U
U
U
U
U
U
Public park
P
P
P
P
P
P
P
Playground
U
U
U
U
U
U
U
Publicly owned building or facility
U
U
U
U
U
U
U
Religious places of worship
U
U
U
U
U
U
U
Kt51UtN I IAL UStb
Home occupation (5)
P
P
P
P
P
P
P
16-52.11(
Intermediate or community care facility (3)
P
P
P
P
P
P
P
Multifamily dwelling
-
-
-
-
P
-
P
Secondary dwelling unit
P
P
P
-
-
P
-
16-52.10(
Single-family dwelling
P
P
P
P
-
P
P
Single-family dwelling providing room/board for 1 paying guest
P
P
P
P
-
P
P
Two-family dwelling, attached
-
-
-
P
-
-
P
Two-family dwelling, detached
-
-
-
P(4)
-
-
-
16-40.02(
Transitional, supportive housing
P
P
P
P
P
P
P
Key to Zoning District Symbols
R-1
Single-Family Residential
R-3
Multifamily Residential
R-1 -B
Modified Single Family Residential
RPD
Residential Planned Development
RO
Residential Open
RMP
Residential Multiple Planned
R-2
Two-Family Residential
Notes:
(1) See Article X (Definitions) for land use definitions.
(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate up
revocation of license issued under horse license ordinance.
(3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities
shall be subject to all regulations of the California Health and Safety Code.
(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Sectionl6-40.020. Detached two-famil
dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Section 16-62.
(5) Subject to the requirements of Section 16-52.110 (Home Occupations).
Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 2
(B) Section 16-21.040 C.1., shall be modified to read as follows:
1. Undeveloped land. Maximum residential densities for undeveloped land in the
RPD and RMP zones shall be as established on the Land Use Diagram in the
Land Use Element of the General Plan.
(C) Section 16-23.030 D. a. shall be amended to read as follows:
a. Include a minimum of five percent very low-income, ten percent low-
income, and ten percent moderate-income housing units, as defined in
Section 16-70.030 (General Inclusionary Requirements). Moderate-
income rental units shall be counted only if they are below ninety percent
of the median income.
(D) Section 16-23.050 A.1. shall be amended to read as follows:
1. Density/regulations. Higher density and relaxation and/or flexibility in the
development standards in Section 16-23.040 (Affordable Housing Overlay Zones
General Development Standards). Densities toward the top of the range may be
appropriate where units are significantly smaller and would have fewer impacts
than the market norm. For purposes of calculating densities, the number of studio
dwelling units shall be counted toward the total number of dwelling units allowed
at a one and one-half to one (1.5: 1) ratio provided that each studio unit does not
exceed six hundred (600) square feet in floor area; and the number of one
bedroom units shall be counted toward the total number of dwelling units allowed
at a one and one-quarter to one (1.25: 1) ratio provided that each one bedroom unit
does not exceed eight hundred (800) square feet in floor area.
(E) Section 16-23.050 A. 2. shall be amended to read as follows:
2. Architectural design. Affordable units within a mixed affordable/market rate
development shall be allowed to vary in design and square footage from non-
affordable units as long as the project remains architecturally harmonious.
Attached units, smaller (in square footage) units and other design variations from
market rate units shall be permitted within reason by the Review Authority to
reduce costs of providing affordable units. Affordable developments are
encouraged to include shared common spaces in order to reduce the size of
individual living units and increase community interaction. Examples include co-
housing, live-work housing opportunities, or other types of housing that create
shared spaces.
(F) Section 16-23.050 B. 2. shall be amended to read as follows:
2. Architectural design. Affordable units within a mixed affordable/market rate
development shall be allowed to vary in design and square footage from non-
affordable units as long as the project remains architecturally harmonious.
Attached units, smaller (in square footage) units and other design variations from
market rate units shall be permitted within reason by the Review Authority to
Tiburon Town Council Ordinance No. XXX N.S. Effective -4-42012
reduce costs of providing affordable units. Affordable developments are
encouraged to include shared common spaces in order to reduce the size of
individual living units and increase community interaction. Examples include co-
housing, live-work housing opportunities, or other types of housing that create
shared spaces.
(G)
(H)
(I)
(J)
(K)
(L)
Section 16-23.050 A. 3. shall be amended to read as follows:
3. Parking standards. Parking standards shall be reduced within reason by the
Review Authority depending on project characteristics and availability of on-
street parking. Flexible parking standards may include shared parking, joint use
parking, off-site parking, allowances for reduced standards depending on location
(such as near transit), and modified parking stall dimensions and tandem parking.
Section 16-23.050 B. 3. shall be amended to read as follows:
3. Parking standards. Parking standards shall be reduced within reason by the
Review Authority depending on project characteristics and availability of on-
street parking. Flexible parking standards may include shared parking, joint use
parking, off-site parking, allowances for reduced standards depending on location
(such as near transit), and modified parking stall dimensions and tandem parking.
Section 16-23.050 A. 7. shall be added to read as follows:
7. Other incentives and contributions. Town financial contributions toward the
construction of utilities, public road improvements and other traffic
improvements; soils remediation; plan preparation and development; construction
subsidies for the affordable units; and assistance and support in securing public
financing, such as bonds or tax credits.
Section 16-23.050 B. 7. shall be added to read as follows:
7. Other incentives and contributions. Town financial contributions toward the
construction of utilities, public road improvements and other traffic
improvements; soils remediation; plan preparation and development; construction
subsidies for the affordable units; and assistance and support in securing public
financing, such as bonds or tax credits.
Section 16-25.030 B. 2. shall be amended to read as follows:
2. Berthing, mooring and landing facilities for boats.
Section 16-25.030 B.4. shall be added to read as follows:
4. Facilities for yacht and boat clubs, except that yacht and boat sales, maintenance,
haul-outs and similar facilities shall not be allowed.
Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 4
(M) Section 16-30.030 H. shall be revised to read as follows:
H. Vehicle entry gates. Vehicle entry gates shall be set back a minimum of fifteen
feet from a private or public roadway, shared driveway, curb, gutter or sidewalk
so as not to impede vehicular or pedestrian traffic. The Review Authority shall
have reasonable discretion to require a larger setback distance, if circumstances
warrant.
(N) Section 16-30.100 B. shall be revised to read as follows:
B. The area of such lots that is below the mean high tide line shall not be used in the
determination of lot coverage, floor area ratio, or any other land and structure
regulation of the zone in which it is located, but submerged land under the same
ownership may be applied toward the minimum lot area requirements and the
required rear yard setback of a lot.
(O) Section 16-40 (index at the beginning of the section) shall be amended to read as follows:
Section:
16-40.010 - Purpose and Applicability
16-40.020 - Exceptions for Detached Two-family Dwelling Unit
16-40.030 - Bed and Breakfast Inns (B&Bs)
16-40.040 - Seasonal Rental Units
16-40.050 - Child Day-Care Facilities
16-40.060 - Emergency Shelters
(P) Section 16-50.020, Table 5-1 (Review Authority), shall be amended to read as follows:
Table 5-1 - Review Authority
Role of Review Authority'
Type of Permit or Decision
Director
Design Review
Planning
Town Council
Board
Commission
Site Plan and Architectural
Review
Decide
Appeal Action
Site Plan and Architectural
Decide
Appeal Action
Review Minor Alterations
Variance, Site Plan and
Architectural Review-related
Decide
Appeal Action
Variance, Other
Decide
Appeal Action
Conditional Use Permit
Decide
Appeal Action
Condominium Use Permit
Decide
Appeal Action
Precise Development Plan
Recommend
Decide
Secondary Dwelling Unit Permit
Decide
Appeal Action
Zoning Ordi lance Text
Amendment
Recommend
Decide
Rezoning or Prezoning2
Recommend
Decide
Tiburon Town Council Ordinance No. XXX N.S. Effective 442012
Table 5-1 - Review Authority
Role of Review Authority'
Type of Permit or Decision
Director
Design Review
Planning
Town Council
Board
Commission
Home Occupation Permit
Decide3
Appeal Action3
Temporary Use Permit
Decide
Appeal Action
Tidelands Permit
minor and incidental
3
Decide
3
Appeal Action
Tidelands Permit (all other)
Decide
Appeal Action
Minor changes to an approved
project
Decide4
Notes:
1. "Recommend" means that the review authority makes a recommendation to a higher decision-making
body; "Decision" means that the authority makes the final decision on the matter; "Appeal Action"
means that the review authority may consider and decide upon appeals to the decision of an earlier
decision-making body, in compliance with Section 16-66 (Appeals).
2. If the Planning Commission denies an application for a Precise Development Plan amendment,
Zoning Text Amendment, Rezoning or Prezoning, that decision is final unless appealed to the Town
Council.
3. The Director may refer any such application to the Planning Commission for review and action, in
which case the Town Council will be the appeal body.
4. An appeal of the Director's decision shall be heard by the original project's Review Authority, whose
decision shall be final.
(Q) Section 16-52.020 E. shall be amended to read as follows:
E. Design Review Board as Review Authority.
1. The Design Review Board (Board) shall be the Review Authority for all
applications for Site Plan and Architectural Review, except as otherwise
provided in Subsection F. Meetings and actions of the Review Authority
shall be as set forth in Section 16-64 (Public Hearings).
2. The Review Authority shall meet and act on applications for Site Plan and
Architectural Review within time limits in compliance with State law. The
Review Authority shall determine from the reports and data submitted,
supplemented by public comment and on-site inspections as the Review
Authority may deem appropriate, whether the proposed use and structures
will further the purpose set forth in Section 16-52.020 (A) and satisfy the
applicable criteria of Section 16-52.020 (H), and shall, upon making
affirmative findings, approve the application.
3. If the Review Authority finds, based on evidence in the record, that the
project would be contrary to the purpose herein, or would not meet the
applicable criteria herein, it shall deny the application or approve it subject
to specified conditions or modifications.
4. The Review Authority may impose such reasonable conditions it
determines are necessary to allow it to make the required findings and
which insure that the principles, guidelines, provisions and standards will
Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 6
be met. Conditions required by the Review Authority must be
implemented prior to final inspection and occupancy, unless otherwise
stipulated.
(R)
(S)
(T)
(U)
(V)
(W)
Section 16-52.020 H. (introductory paragraph only) shall be amended to read as follows:
H. Guiding principles in the review of applications. In reviewing applications for
Site Plan and Architectural Review, the Review Authority shall determine
whether the project meets the applicable criteria below, as well as any other
guidelines that the Town Council may have adopted to govern Site Plan and
Architectural Review.
Section 16-52-020 H. 11. shall be amended to read as follows:
11. Green building. The project design includes features that foster renewable
energy and/or resource conservation.
Section 16-52.080 F. shall be amended to read as follows:
F. Permitting Procedures. The Director shall act on Tidelands Permit applications
if the application includes only repair to a structure, or is minor and incidental and
without significant environmental impact. Otherwise, the application shall be
referred to the Commission for consideration with a Conditional Use Permit
(Section 16-52.040). The Director may refer any application for Tidelands Permit
to the Planning Commission.
Section 16-52.080 G. shall be added to read as follows:
G. Notices. The Director shall mail courtesy (i.e., not required by state or local law)
notices of all applications for a Tidelands Permit to contiguous owners of
property, as shown on the latest equalized Marin County assessment roll, but may
include other property owners as determined by the Director. Failure of any party
to receive a courtesy notice shall not invalidate the proceedings.
Section 16-52.090 B. 5. shall be added to read as follows:
5. Temporary tents. A temporary tent not exceeding five hundred (500) square feet
in area, for private recreational or promotional use, may be approved on a
residential or commercial property for a time period not to exceed five (5)
calendar days.
Section 16-52.090 E. shall be added to read as follows:
E. Notices. The Director shall mail courtesy (i.e., not required by state or local law)
notices of all applications for Temporary Use Permit to owners of property, as
shown on the latest equalized Marin County assessment roll, located within three
hundred (300) feet of the subject property. Failure of any party to receive a
courtesy notice shall not invalidate the proceedings.
Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 7
(X) Section 16-52.100 N. shall be added to read as follows:
N. Density. Pursuant to California Government Code Section 68552.2, no secondary
dwelling unit approved under these provisions shall be considered in calculating
the density of the lot allowed by the land use designation contained in the Land
Use Element of the Tiburon General Plan."
(Y) Section 16-52.110 A. shall be amended to read as follows:
A. Application and fee. Application for a Home Occupation Permit shall be made
in compliance with the provisions of Section 16-50 (Application Filing and
Processing), and shall be accompanied by the appropriate fee. A Home
Occupation Permit is required for any use defined as a home occupation.
(Z) Section 16-60.020 D. shall be amended to read as follows:
D. Meetings. The Board shall adopt a regular schedule of meetings and should meet
at least one time per month. Meetings shall generally be conducted in accordance
with Rosenberg's Rules of Order, but otherwise in accordance with reasonable
rules and regulations established by the chairman.
(AA) Section 16-60.030 A. 1. c. shall be amended to read as follows:
C. Home Occupation Permits when referred by the Director, as set forth in
Section 16-52.110 (Home Occupations),
(BB) Section 16-60.030 D. shall be amended to read as follows:
D. Meetings. The Commission shall adopt a regular schedule of meetings and should
meet at least one time per month. Meetings shall generally be conducted in
accordance with Rosenberg's Rules of Order, but otherwise in accordance with
reasonable rules and regulations established by the chairman.
(CC) Section 16-62.030 A. 4. c. shall be added to read as follows:
C. A two-family dwelling or multi-family dwelling that is involuntarily damaged or
destroyed may be reconstructed, pursuant to the requirements of California
Government Code Section 65852.25, or successor sections thereto.
(1) If the structure is proposed to be rebuilt substantially to the same
floor area, form, appearance, elevations, footprint, volume, lot
coverage and number of dwelling units as the previously existing
structure, Site Plan and Architectural Review approval shall be
required only for exterior materials and colors, provided that
reasonable efforts are made to correct or mitigate conditions that
do not conform to this chapter.
Tiburon Town Council Ordinance No. XXX N.S. Effective 442012
(2) If the structure is not proposed to be rebuilt substantially the same
as the previously existing structure as set forth in subsection (1)
above, Site Plan and Architectural Review approval of all new and
altered construction shall be required. Existing nonconforming
conditions that are not directly affected by the new, enlarged or
altered construction need not be brought into full conformity,
unless otherwise required by law.
(DD) Section 16-66.020. C. 3. shall be amended to read as follows:
3. Appeal on completeness. Any determination that a permit application or
information submitted with the application is incomplete, in compliance with
State law (Government Code Section 65943). Refer to Subsection 16-50.050.C.
(Appeal of Determination of Completeness) for further information.
(EE) Article IX is hereby added to Chapter 16 read as follows:
ARTICLE IX REASONABLE ACCOMMODATION
Section:
16-90.010 - Purpose
16-90.020 - Applicability
16-90.030 - Application Requirements
16-90-040 - Review Authority
16-90-050 - Review Procedure
16-90-060 - Findings, Other Requirements, and Decision
16-90-070 - Appeal of Determination
16-90.010 - Purpose
This Article provides a procedure to request reasonable accommodation for persons with
disabilities seeking equal access to housing under the Federal Fair Housing Act and the
California Fair Employment and Housing Act (the Acts) in the application of zoning laws and
other land use regulations, policies and procedures.
16-90.020 - Applicability
A request for reasonable accommodation may be made by any person with a disability, their
representative or any entity, when the application of a zoning law or other land use regulation,
policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a
person who has a physical or mental impairment that limits or substantially limits one or more
major life activities, anyone who is regarded as having such impairment or anyone who has a
record of such impairment. This Article is intended to apply to those persons who are defined as
disabled under the Acts.
A request for reasonable accommodation may include a modification or exception to the rules,
standards and practices for the siting, development and use of housing or housing-related
Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 9
facilities that would eliminate regulatory barriers and provide a person with a disability equal
opportunity to housing of their choice. Requests for reasonable accommodation shall be made in
the manner prescribed in Section 16-90.030 (Application Requirements).
16-90.030 - Application Requirements
A. Application. Requests for reasonable accommodation shall be submitted on an
application form provided by the Community Development Department, or in the form of
a letter, to the Director of Community Development and shall contain the following
information:
1. The applicant's name, address and telephone number.
2. Address of the property for which the request is being made.
3. The current actual use of the property.
4. The basis for the claim that the individual is considered disabled under the Acts.
5. The zoning code provision, regulation or policy that is the subject of the
applicant's requested reasonable accommodation, and a narrative and graphic
(where applicable) description of the specific accommodation requested.
6. Why the reasonable accommodation is necessary to make the specific property
accessible to the individual.
B. Review with other land use applications. If the project for which the request for
reasonable accommodation is being made requires one or more discretionary approvals
(including, but not limited to, conditional use permit, site plan and architectural review,
encroachment permit, etc.), then the applicant shall file the information required by
Subsection A. above, together for concurrent review with the application for
discretionary approval.
16-90.040 - Review Authority
A. Director of Community Development. Requests for reasonable accommodation shall be
reviewed by the Director if no discretionary permit approval is required other than the
request for reasonable accommodation.
B. Other Review Authority. Requests for reasonable accommodation submitted for
concurrent review with another discretionary permit application shall be reviewed by the
Review Authority reviewing the discretionary permit application.
16-90.050 - Review Procedure
A. Director Review. The Director shall make a written determination within 45 days and
either grant, grant with modifications, or deny a request for reasonable accommodation in
accordance with Section 16-90.060 (Findings, Other Requirements, and Decision). The
Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 10
Director shall mail a notice of a request for reasonable accommodation to contiguous
owners of property, as shown on the latest equalized Marin County assessment roll, but
may include other property owners as determined by the Director. Said notice shall be
mailed at least ten days prior to making a determination.
B. Other Reviewing Authority. The written determination on whether to grant or deny the
request for reasonable accommodation shall be made by the Review Authority
responsible for reviewing the discretionary permit application in compliance with the
applicable review procedure for the discretionary review. The written determination to
grant or deny the request for reasonable accommodation shall be made in accordance
with Section 16-90.060 (Findings, Other Requirements, and Decision).
16-90.060 - Findings, Other Requirements, and Decision
A. Findings. The written decision to grant or deny a request for reasonable accommodation
will be consistent with the Acts and shall be based on a consideration of the following
factors:
1. Whether the housing which is the subject of the request will be used by an
individual considered disabled under the Acts.
2. Whether the request for reasonable accommodation is necessary to make specific
housing available to an individual with a disability under the Acts.
3. Whether the requested reasonable accommodation would impose an undue
financial or administrative burden on the Town.
4. Whether the requested reasonable accommodation would require a fundamental
alteration in the nature of a Town program or law, including but not limited to
land use or zoning.
5. Potential impact on surrounding uses.
6. Physical attributes of the property and structures.
7. Alternative reasonable accommodations that may provide an equivalent level of
benefit.
B. Other Requirements.
An approved request for reasonable accommodation is subject to the applicant's
compliance with all other applicable regulations.
2. A modification approved under this Article is considered a personal
accommodation for the individual applicant and does not run with the land.
Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 11
C. Conditions of approval. In granting a request for reasonable accommodation, the
Review Authority may impose any conditions of approval deemed reasonable and
necessary to ensure that the reasonable accommodation would comply with the findings
required by Subsection A above, including but not limited to the following:
Inspection of the property periodically, as specified, to verify compliance with
this article and any conditions of approval.
2. Removal of the improvements, where removal would not constitute an
unreasonable financial burden, when the need for which the accommodation was
granted no longer exists.
3. Time limits and/or expiration of the approval if the need for which the
accommodation was granted no longer exists.
4. Recordation of a deed restriction requiring removal of the accommodating feature
once the need for it no longer exists.
5. Measures to reduce the impact on surrounding uses.
6. Measures in consideration of the physical attributes of the property and structures.
7. Other conditions necessary to protect the public health, safety and welfare.
16-90.070 - Appeal of Determination
A determination by the Review Authority to grant or deny a request for reasonable
accommodation may be appealed within ten days of the decision to the Town Council in
compliance with Section 16-66 (Appeals).
(FF) Section 16-100 [Definitions] shall be amended as follows:
The definition of "home occupation" shall be amended to read as follows
Home occupation. Any use which is conducted entirely within a dwelling and
carried on by the inhabitants thereof, is clearly incidental and secondary to the use
of the dwelling for residential purposes, and does not change the character thereof
or adversely affect the uses permitted in the residential zone in which it is located,
and may be permitted in any residential zone. Subject to the regulations contained
in Section 16-52.110 (Home Occupations).
2. The definition, of "secondary dwelling unit" shall be amended to read as follows:
Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 12
Secondary dwelling unit. An attached or detached additional dwelling unit on a
single-family lot, which provides independent living facilities for not more than
three persons, and which has kitchen/cooking, sleeping and sanitation facilities on
the same lot as the primary unit is situated. See Section 16-52.100 (Secondary
Dwelling Unit). The following definitions are used for secondary dwelling units:
1. Attached secondary dwelling unit. A secondary dwelling unit that shares
a common wall with the primary unit.
2. Legal nonconforming secondary dwelling unit. A secondary dwelling
unit that currently does not conform to the regulations for the zone in
which it is situated but which did conform at the time it was constructed or
erected.
3. Owner of record. The owner of at least fifty percent interest in the subject
real property.
4. Primary unit. The building (or portion of the building in cases of an
attached secondary dwelling unit) in which the principal residential use of
the lot takes place. A secondary dwelling unit cannot constitute the
primary unit.
5. Principal place of residence. A dwelling unit that is occupied by the
owner of record as a primary place of residence.
3. The following definitions shall be added to read as follows:
Domestic housekeeping unit. One person or two or more individuals living
together sharing household responsibilities, which may include sharing expenses,
chores, and sharing meals together.
Target population. Adults with low income having one or more disabilities,
including mental illness, HIV or AIDS, substance abuse, or other chronic health
conditions, or individuals eligible for services provided under the Lanterman
Developmental Disabilities Services Act Division 4.5 (commencing with Section
4500 of the Welfare and Institutions Code) and may, among other populations,
include families with children, elderly persons, young adults aging out of the
foster care system, individuals exiting from institutional settings, veterans, or
homeless people.
4. The following definitions shall be deleted:
LEED®. Any one of the U.S. Green Building Council's Leadership in Energy and
Environmental Design green building rating systems or programs.
LEED® accredited professional. A person who is accredited by the U.S. Green
Building Council as having a thorough understanding of green building practices
and principles and familiarity with LEED® requirements, resources and processes.
Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 13
SECTION 3. 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 4. PUBLICATION AND EFFECTIVE DATE.
This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
Pursuant to the provisions of the California Government Code, a summary of this ordinance shall
be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at
which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a
newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town
Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this
ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in
the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the
ordinance along with the names of those Council members voting for and against the ordinance.
This ordinance was read and introduced at a regular meeting of the Town Council of the
Town of Tiburon, held on the 1 st day of August, 2012, and was adopted at a regular meeting of
the Town Council of the Town of Tiburon, held on the _ day of , 2012, by
the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 14
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of Town Council
Community Development Department
Town Council Meeting
August 15, 2012
Agenda Item: cc-
(/5)
Subject: Adoption of Ordinance Making Text Amendments to Title IV, Chapter 16
(Zoning) and Title V, Chapter 20 (Animals) of the Tiburon Municipal Code
Relating to the Regulation of Chickens and Bees
Reviewed By: . _;g,
BACKGROUND
The Town Council held first reading of this ordinance following a public hearing at its meeting
on August 1, 2012, and waived all further readings. The ordinance now comes to the Town
Council for adoption. At the August 1 meeting, several Town Council members asked for
additional information regarding the proposed standards for chicken-keeping and bee-keeping.
These standards are to be adopted by a separate resolution, which will be presented, along with
additional information addressing the Council's requests, at the September 5, 2012 meeting.
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 enact final adoption of the ordinance, a draft of which is
attached as Exhibit L as part of the Consent Calendar.
EXHIBIT
1. Draft Ordinance.
Prepared by: Scott Anderson, Director of Community Development
S: IAdministrationlTown CouncibStaff Reports 120121A ugust 15 DraftslChicken and Bee Municipal Code Amendments report.doc
TOWN OF TIBURON PAGE 1 OF 1
DRAFT ORDINANCE NO. 542 N.S. DRAFT
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) AND
MUNICIPAL CODE TITLE VI, CHAPTER 20 (ANIMALS)
WITH RESPECT TO CHICKEN AND HONEY BEE-KEEPING REGULATIONS AND
MISCELLANEOUS OTHER AMENDMENTS
SECTION 1. FINDINGS.
A. On June 13, 2012, the Planning Commission adopted Resolution No. 2012-11
recommending to the Town Council that text amendments be made to Title IV, Chapter
16 (Zoning) of the Tiburon Municipal Code.
B. The Town Council held a duly noticed public hearing on August 1, 2012 and has heard
and considered all public testimony on the proposed Ordinance.
C. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
D. The Town Council finds that the amendment actions made by this Ordinance are
necessary for the protection of the public health, safety, and welfare.
E. The Town Council has found that the amendments made by this Ordinance are consistent
with the goals and polices of the Tiburon General Plan and other adopted ordinances and
regulations of the Town of Tiburon.
F. The Town Council finds that adoption of this ordinance is exempt from the requirements
of the California Environmental Quality Act pursuant to Sections 15304 and 15305 of the
CEQA Guidelines, as well as being exempt from CEQA under the "general rule",
pursuant to Section 15061(b)(3) of the CEQA Guidelines.
SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.
(A) Section 16-40.070, entitled "Chickens and Honey Bees", is added to Title IV, Chapter 16,
Article IV of the Tiburon Municipal Code to read as follows, and shall be reflected in the
index at the beginning of Section 16-40 by adding the sentence "16-40.070 - Chickens
and Honey Bees":
16-40.070. Chickens and Honey Bees
This section provides for establishment and reasonable regulation of bee-keeping and/or
chicken-keeping as an accessory use to a single-family dwelling in certain residential
zones while ensuring the public health, safety and welfare.
EXHIBIT NO.
Tiburon Town Council Ordinance No. XXX N.S. Effective 442012
A. Permit Required. It is unlawful to keep, possess, or maintain chickens or honey
bee hives on any lot or parcel of land located in the Town unless a permit has first
been approved by the Director of Community Development.
B. Application and Fee. Application for a bee-keeping permit or for a chicken-
keeping permit shall be made in compliance with the provisions of Section 16-50
(Application Filing and Processing) and shall be accompanied by the appropriate
fee.
C. Director of Community Development as Review Authority. Applications for
bee-keeping and/or chicken-keeping permit shall be acted upon by the Director as
a ministerial permit without notice, discretionary review, or a public hearing.
D. Grant of Bee-keeping or Chicken-keeping Permit; Standards for Review. In
order to grant a bee-keeping or chicken-keeping permit, the Director shall find
that the use would comply with all of the standards set forth in the Standards for
Bee-keeping or the Standards for Chicken-keeping, whichever is applicable, as
adopted by Resolution of the Town Council.
E. Trailing Permits. Any required Site Plan and Architectural Review and/or
Building Permits associated with a bee-keeping or chicken-keeping use shall be
obtained prior to commencement of the use.
F. Approved Conditional Use Permits Still Valid. Any bee-keeping or chicken-
keeping use with an approved Conditional Use Permit in existence prior to [insert
effective date of this Ordinance] shall be a legal, non-conforming use, provided
that it shall continue to comply with all conditions of its permit approval.
G. Expiration by Limitation. A bee-keeping or chicken-keeping permit issued in
compliance with this Section shall expire and become null and void two (2) years
after issuance if the use has never commenced.
H. Revocation. Upon written notice to the holder of a bee-keeping or chicken-
keeping permit, and a hearing before the Director, the Director may revoke or
modify any such permit, on any one or more of the following grounds:
1. That the approval was based on false information submitted by the
applicant and that false information had a material bearing on the granting
of the permit.
2. That the permit granted is being or recently has been exercised contrary to
the Town's adopted Standards for Bee-keeping or the Standards for
Chicken-keeping, whichever is applicable, or in violation of any statute,
ordinance, law or regulation.
3. That the bee-keeping or chicken-keeping use has been abandoned for a
continuous period of at least two (2) years.
4. That the use is declared by the Town to constitute a public nuisance in
accordance with Chapter 31 of the Tiburon Municipal Code.
Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 2
I. Periodic Update. The Director shall maintain a record of all approved bee-
keeping and chicken-keeping permits and shall review and update the record
every two years. At the review, the owner of record shall verify in writing under
penalty of perjury that the use is in compliance with the Town's adopted
Standards under which it was granted or with all conditions of approval if the use
was authorized by a Conditional Use Permit.
J. Reporting of Violations. All reporting of bee-keeping or chicken-keeping permit
violations shall be in writing, supported by substantial evidence, and directed to
the Director. The Director shall notify the owner of record of the property that a
complaint has been registered, within ten (10) business days from receipt of any
such complaint. The Director shall investigate and issue a written report to the
complainant within thirty (30) days from the date of the issuance of the notice
outlining the current status of any alleged violation and the steps (if any) that have
been requested of the owner of record to remedy the violation should such be
found to exist.
K. Violations Considered an Infraction. Violations of this Section, and violations
of Standards adopted pursuant to this Section, shall be punished as infractions or
by administrative citation, in the discretion of the Director and shall be subject to
the provisions of Section 16-56.030 (Violations and Penalties) of this Chapter
and/or Municipal Code Chapter 31 (Enforcement of Code).
L. Violations--Additional Remedies--Injunctions. As an additional remedy, the
existence and/or maintenance of any bee-keeping or chicken-keeping use in
violation of any provisions of this Section, applicable Standards, or conditions of
approval shall be cause for hearing and revocation and may be deemed and may
be declared to be a public nuisance and may be deemed subject to summary
abatement (i.e., including, without limitation, administrative abatement in
compliance with Municipal Code Chapter 31), and/or restrained and enjoined by a
court of competent jurisdiction. In the event legal action is instituted to abate said
violation, the Town shall be entitled to recover its costs and reasonable attorney's
fees incurred in prosecuting said action.
M. Appeals. An applicant aggrieved by the Director's decision involving the
approval, denial, or revocation of a bee-keeping or chicken-keeping permit may
appeal such decision to the Planning Commission, pursuant to Section 16-
66.020(A), within ten (10) days of the decision. The decision of the Planning
Commission on appeal shall be final.
(B) Title IV, Chapter 16, Article X (Definitions) is amended as follows:
(1) The definition of "Agriculture" is amended to read as follows:
Tiburon Town Council Ordinance No. XXX N.S. Effective 442012
Agriculture. The keeping of livestock; the breeding and raising of bees, fish,
poultry or other fowl; the planting, raising, harvesting or producing of
agricultural, aquacultural, horticultural, or forestry crops; or similar activity;
excluding a household garden and a private, non-commercial vineyard less than
one-quarter acre in area. For the purposes of this Chapter, except where
specifically exempted, the interpretation of what constitutes "agriculture" is
intended to be broadly applied and widely-encompassing.
(2) The following definitions are added to read as follows:
Aviary. Any outdoor cage or enclosure where birds are kept or maintained.
Bee. A honey producing insect of the species Apis mellifera, including all life
stages of such insect.
Chicken run. The outside area of a coop that is enclosed to provide adequate
space for chickens to exercise.
Colony. The social community of bees that includes the queen bee, worker bees
(female) and drones (male).
Coop. A house or cage in which a chicken lives.
Hen. A mature female chicken.
Hive. Any receptacle or container, or part of any receptacle or container, which is
inhabited by a live colony of bees.
Livestock. All domestic or domesticated bovine (cattle type), equine (horse
type), ovine (sheep type), porcine (pig type), corvine (deer type), caprine (goat
type), or ratite (ostrich type) animals.
(C) Title IV, Chapter 16, Article II, Section 16-21.030, Table 2-1 is amended as follows:
(1) The line item for Agriculture shall have added after the word Agriculture
including Aviaries (6)".
(2) The Notes at the bottom of page one of Table 2-1 shall have added "(6) Except for
chicken- and bee-keeping as set forth in Section 16-40.070."
(D) Title VI, Chapter 20 (Animals) of the Municipal Code is amended as follows:
(1) Section 20-1.003 is amended to read as follows:
Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 4
20-1.003. Use Permit Required---poultry.
The keeping of poultry shall require a conditional use permit pursuant to Title IV,
Chapter 16 of the Code, except as may otherwise be provided therein for the
keeping of chickens.
(2) Sections 20-2.050, 20-2.060, 20-2.070, 20-2.080, 20-2.150, 20-2.179(d), 20-
2.181(e)(15), 20-2.195, 20-2.220, 20-2.230(a), 20-2.240, 20-2.245 shall be
amended such that all references to the "Board of Supervisors" are changed to
"Town Council".
(3) Section 20-2.181(e)(16)(A) is amended to read as follows:
(A) The owner/guardian of a dog determined to be vicious shall, if it is not
subject to destruction, in addition to the regular licensing fee, pay to the animal
control agency an annual fee, as may be established by resolution of the Town
Council, to provide for the increased costs of maintaining the records of the dog.
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 be in full force and effect thirty (30) days after the date of adoption.
Pursuant to the provisions of the California Government Code, a summary of this ordinance shall
be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at
which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a
newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town
Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this
ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in
the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the
ordinance along with the names of those Council members voting for and against the ordinance.
This ordinance was read and introduced at a regular meeting of the Town Council of the
Town of Tiburon, held on the 1 st day of August, 2012, and was adopted at a regular meeting of
the Town Council of the Town of Tiburon, held on the _ day of , 20121 by
the following vote:
Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 5
AYES: COUNCILMEMBERS:
NAYS COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012
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
August 15, 2012
Agenda Item: (~C - 2
Subject: Recommendation to Adopt Amended Managers and Mid-
Manager/Unrepresented Employee Recognition and Incentive Compensation
Pro m Resolutions
Reviewed By:
BACKGROUND
At their regular meeting of June 20, 2012, the Town Council adopted Resolutions 22-2012 and
23-2012, which approved the Management and Mid-Management/Unrepresented Employee
Recognition and Incentive Compensation Program for Fiscal Year 2012-13 and FY 2013-14.
After adoption of the resolutions Staff realized there was a clerical error regarding the Holiday
Schedule and the Holiday Closure for FY 2012-13, and that the closure for FY 2013-14 was not
provided. In particular, in the Resolutions indicated that employees would be required to take
one day vacation or administrative leave furlough, and that the Town would provide one day
leave during the furlough, which has been the Town's practice since instituting the holiday
closure. The actual schedule erroneously indicated the Town was providing two days instead of
one day leave. The attached exhibit resolutions provide the correct Holiday Closure schedules.
FINANCIAL IMPACT
There is no financial impact in amending the previously adopted resolutions
RECOMMENDATION
Staff recommends that the Town Council:
Move to approve the two exhibit resolutions rescinding Resolutions 22-2012 and 23-
2012 and adopting a revised Management and Mid-Management/ Employees Recognition
and Incentive Compensation Program for FY 2012-13 and 2013-14
Exhibits: 1. Draft Resolution Rescinding Resolution No. 22-2012 and adopting a revised Management Recognition
and Incentive Compensation Program for FY 2012-13 and 2013-14
2. Draft Resolution Rescinding Resolution No. 23-2012 and adopting a revised Mid-
Management/Unrepresented Employees Incentive Compensation Program for FY 2013 and 2014
Prepared By: Heidi Bigall, Director of Administrative Services
TOWN OF TIBURON PAGE 1 OF 1
RESOLUTION NO. XX-2012
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
REPEALING RESOLUTION NO. 22-2012
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 June 2012 by the
adoption of Resolution No. 22-2012; and
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. 22-2012 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, 2012 salary ranges for management positions shall be:
Chief of Police $101474 - $ 13,093
Director of Administrative Services $ 85406 - $ 10,261
Director of Community Development $ 8,515 - $ 10,644
Director of Public Works/Town Engineer $10,214 - $ 12,768
Page 1
2Y
Effective July 1, 2013 salary ranges for management positions shall be:
Chief of Police $1084 - $13,355
Director of Administrative Services $ 8,574 - $10,717
Director of Community Development $ 806 - $10,857
Director of Public Works/Town Engineer $10,419 - $13,023
SECTION 2. SALARY ADJUSTMENTS
Effective July 1, 2012 Management employees shall receive a 2.5% compensation
adjustment, but shall not exceed the maximum of their respective salary range.
Effective July 1, 2013 Management employees shall receive a 2% compensation
adjustment, but shall not exceed the maximum of their respective salary range.
Movement through the salary ranges will be based upon merit following a comprehensive
written performance evaluation by the Town Manager.
SECTION 3. BENEFITS AND INSURANCE
Effective July 1, 2012 the Town shall contribute a dollar amount equal to the CaIPERS
Kaiser two-party premium to a Management employee's cafeteria plan to purchase
medical, dental, life and disability insurance. This dollar amount will float with the
increase or decrease in the cost of the Ca1PERS Kaiser two-party rate. If the full sum
specified is exceeded for group insurances 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 insurances cost of a given
employee, then that amount, not to exceed $400 per month, shall 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'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
hired prior to July 1, 2013, the Town of Tiburon shall provide the Ca1PERS 2% @ 55
retirement benefits, with highest single year calculation. For Miscellaneous members
hired after July 12013, the Town shall provide the CaIPERS 2% @ 60 retirement
formula using the average three highest year calculation. For Local Safety Members
hired prior to July 1, 2013, the Town shall provide the Ca1PERS 3% @ 55 retirement
benefit, average three highest year's calculation. For Safety members hired after July 1,
2013, the Town shall provide the CalPERS 2% @ 50 retirement benefit using the average
three highest year's calculation. Effective July 1, 2010, all employees covered under this
resolution were required to pay the employee's portion of retirement costs. The
employee retirement contribution shall be made on a pre-tax basis as allowed under
Internal Revenue Code 414(h)(2).
Page 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.
Disability Insurance - The Town of Tiburon offers management employees long term
disability insurance. Such insurance is mandatory.
Long Term Care - The Town of Tiburon offers management employees 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
Page 3
Upon termination of a management employee's service with the Town, such employee
shall be paid a lump sum equivalent to his/her accrued vacation leave. Maximum
accumulation of vacation leave is 40 workdays.
SECTION 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
Observed during Holiday Furlough
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. Affected employees shall provide the Town Manager
with at least one week's notice as to which day they will observe as a holiday.
SECTION 9. HOLIDAY CLOSURE
FY 2012-13:
All represented employees will be required to take a 1 day vacation or administrative
leave furlough. The day furloughed will be December 28, 2012. Tiburon Town Hall will
be closed from December 24, 2012 through January 1, 2013.
Proposed Schedule:
Monday, December 24, 2012
Tuesday, December 25, 2012
Wednesday, December 26, 2012
Thursday, December 27, 2012
Friday, December 28, 2012
Monday, December 31, 2013
Tuesday, January 1, 2013
Christmas Eve Holiday
Christmas Day
Veteran's Day Observed
Furlough Day on Town
Furlough Day on Employee
New Years Eve Holiday Observed
New Years Day
Page 5
FY 2013-14
All represented Employees shall be required to take one day vacation or administrative
leave furlough. The day furloughed will be December 27, 2013. Town Hall will be
closed from Tuesday, December 24, 2013 through Wednesday, January 1, 2014.
Proposed Schedule:
Tuesday, December 24, 2013
Wednesday, December 25, 2013
Thursday, December 26, 2013
Friday, December 27, 2013
Monday, December 30, 2013
Tuesday, December 31, 2013
Wednesday, January 1, 2014
Christmas Eve Holiday
Christmas Day
Veteran's Day Observed
Furlough Day on Employee
Furlough Day on Town
New Years Eve
New Years Day
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-hour 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:
Page 6
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 than other Town employees, are required
to travel throughout the Town, County, and Bay Area to fulfill their job requirements.
This travel is frequently required outside of normal working hours. In recognition of this
employment requirement, the Town shall provide either the use of a Town vehicle or an
automobile allowance, as provided in the Town budget. Use of a Town vehicle shall be
in accordance with the Town's Administrative Policies and Procedures and is not
intended for private use.
SECTION 14. TUITION REIMBURSEMENT
In order to promote continued development of skills, knowledge, and abilities among
management employees, the Town of Tiburon shall reimbursement the costs of tuition,
books and fees at the rate of the California State University system. Employees must
receive prior approval of the Town Manager and submit certified transcripts with the
evidence of a grade of "C" or better from an accredited college or university and submit
bona fide receipts to qualify for tuition reimbursement. This provision was suspended in
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.
Page 7
b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single
rate that is in effect at the time of the employee's retirement.
C. The Town's contributions rate is based on the following formula:
Percent of Kaiser
Single Rate
Years of Consecutive
Service to Town
50%
75%
100%
15 Years
20 Years
25 Years
Such coverage is not extended to employee's spouse or other dependents.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the provisions of this
resolution shall supersede any other previous rules and resolutions of the Town of Tiburon which
may be in conflict herewith.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on August 15, 2012, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS:
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
JIM FRASER, MAYOR
TOWN OF TIBURON
Page 8
RESOLUTION NO. XX-2012
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
REPEALING RESOLUTION NO. 23-2012
AND ADOPTING AN AMENDED MID-MANAGEMENT AND
UNREPRESENTED EMPLOYEES RECOGNITION AND INCENTIVE
COMPENSATION PROGRAM
WHEREAS, in January 2002, the Town Council established and adopted a Mid-
Management and Unrepresented Employee Recognition and Incentive Compensation Program in
order to attract and retain professional, competent and qualified employees to carry out the
Town's public service mission, and
WHEREAS, such a program enhances the professional growth, motivation, and loyalty of
mid-management, professional and confidential employees and promotes a consistently higher
level of service to the public, and
WHEREAS, the Town Council has updated and amended the Mid-Management and
Unrepresented Employee Recognition and Incentive Compensation Program most recently in
June 2012 by the adoption of Resolution No. 23-2012; and
WHEREAS, the Town of Tiburon Mid-Management and Unrepresented employees are
defined to include the following positions:
Assistant Planner
Building Permit Technician
Associate Planner
Superintendent of Public Works
Building Official
Information Technology Coordinator
Emergency Services Coordinator
Police Secretary
Police Captain
Planning Manager
Town Clerk
Engineering Technician
Office Assistant III
Planning Secretary
Building Inspector
Building Permit Clerk
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby repeal Resolution No. 23-2012 and all predecessor versions of the Mid-
Management and Unrepresented Employees Recognition and Incentive Compensation Program
and adopts the following amended Mid-Management and Unrepresented Employees Recognition
and Incentive Compensation. Program:
Town Council Resolution No. X2012 AA91matigh.1 .06: :?000- Page I of 8
SECTION 1. SALARIES
Effective July 1, 2012 salary ranges for positions covered by this resolution shall be:
Assistant Planner
$4,643 - $ 504
Associate Planner
$5,159 - $ 6,449
Building Permit Technician
$4,426 - $ 5,533
Building Official
$7,581 - $ 91477
Superintendent of Public Works
$7,263 - $ 9,079
Emergency Services Coordinator
$5,069 - $ 65336
Engineering Technician
$5,107 - $ 6,384
Information Technology Coordinator
$61304 - $ 71880
Police Captain
$8,903 - $111129
Police Secretary
$4,787 - $ 5,984
Planning Manager
$6,191 - $ 7,738
Town Clerk
$5,632 - $ 7,040
Office Assistant III
$31487 - $ 4,359
Planning Secretary
$3,487 - $ 4,359
Building Inspector
$5,770 - $ 7,212
Building Permit Clerk
$3,835 - $ 41794
Effective July 1, 2013 salary ranges for covered positions shall be:
Assistant Planner
$4,736 - $ 5,920
Associate Planner
$5,262 - $ 6,578
Building Permit Technician
$41426 - $ 5,533
Building Official
$7,733 - $ 9,666
Superintendent of Public Works
$7,408 - $ 9,261
Emergency Services Coordinator
$5,170 - $ 6,463
Engineering Technician
$5,209 - $ 61512
Information Technology Coordinator
$6,430 - $ 8,038
Police Captain
$9,081 - $11,352
Police Secretary
$403 - $ 6,104
Planning Manager
$6,315 - $ 7,893
Town Clerk
$5,745 - $ 7,181
Office Assistant III
$3,557 - $ 4,447
Planning Secretary
$3,557 - $ 4,447
Building Inspector
$505 - $ 7,356
Building Permit Clerk
$3,912 - $ 4,890
SECTION 2. SALARY ADJUSTMENTS
Effective July 1, 2012 Mid-Management and Unrepresented employees shall receive a
2.5% compensation adjustment, but shall not exceed the maximum of their respective
salary range.
Town Council Resolution No. 23-2012 Adopted June 20, 2012 Page 2 of 8
Effective July 1, 2013 Mid-Management and Unrepresetned employees shall receive a
2% compensation adjustment, but shall not exceed the maximum of their respective
salary range.
Movement through the salary ranges will be based upon merit following a comprehensive
written perfonnance evaluation by the employee's supervisor.
SECTION 3. BENEFITS AND INSURANCES
Effective July 1, 2012 the Town shall contribute a dollar amount equal to the CalPERS
Kaiser two-party premium to each Mid-Management and Unrepresented employee's
cafeteria plan to purchase medical, dental, life and disability insurance. This dollar
amount will float with the increase or decrease in the cost of the CaIPERS Kaiser two-
party rate. If the full sum specified is exceeded for group insurances 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 insurances cost of a given employee, then that amount, not to exceed $400
per month, shall 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'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
hired prior to July 1, 2013, the Town of Tiburon shall provide the CalPERS 2% @ 55
retirement benefits, with highest single year calculation. For Miscellaneous members
hired after July 1, 2013, the Town shall provide the CalPERS 2% @ 60 retirement
formula using the average three highest year calculation. For Local Safety Members
hired prior to July 1, 2013, the Town shall provide the CalPERS 3% @ 55 retirement
benefit, average three highest year's calculation. For Safety members hired after July 1,
2013, the Town shall provide the CaIPERS 2% @ 50 retirement benefit using the average
three highest year's calculation. Effective July 1, 2010, all employees covered under this
resolution were required to pay the employee's portion of retirement costs. The
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. An employee covered under this resolution 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 employees unless. they can demonstrate compliance with other coverage.
Dental Insurance - The Town of Tiburon offers employees and their dependents a dental
plan. Such insurance is mandatory for all employees unless they can demonstrate
compliance with other coverage.
Town Council Resolution No. 23-2012 Adopted June 20, 2012 Page 3 of 8
Life Insurance - The Town of Tiburon offers employee covered by this resolution a
$25,000 life insurance policy. Such insurance is mandatory. The Town of Tiburon
offers employees covered by this resolution 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 employees covered by this resolution
long term disability insurance which provides two-thirds of an employees salary up to a
maximum benefit of $4,500/month. Such insurance is mandatory.
Long Term Care - The Town of Tiburon offers covered employee a long-tenn care
policy. Participation is optional.
Deferred Compensation Plan - The Town of Tiburon offers a choice of two deferred
compensation plan to 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 employees the ability to participate
in its IRS Section 125 Plan. Participation is optional.
SECTION 4. VACATION LEAVE
Mid-management and Unrepresented employees 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
11 + 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 5. SICK LEAVE
Mid-management and Unrepresented employees shall be entitled to accrue one working
day of sick leave for each month or major fraction thereof. Sick leave may be accrued by
qualified employees without a maximum limitation.
Town Council Resolution No. 23-2012 Adopted June 20, 2012 Page 4 of 8
SECTION 6. SICK LEAVE PAY OFF
Mid-management and Unrepresented 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 number of
eligible hours and hourly rate capped at current values. 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, or a lesser hourly rate, 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 employees hired after July 1, 2001 in Mid-Management and Unrepresented positions
may accrue unlimited sick leave with no option for "cashback" benefits.
SECTION 7. HOLIDAYS
The Town agrees to provide Mid-Management and Unrepresented 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
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
December 26 (observed)
Fourth Thursday in November
Friday after Thanksgiving
December 24
Town Council Resolution No. 23-2012 Adopted June 20, 2012 Page 5 of 8
Christmas Day December 25
New Year's Eve 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 8. HOLIDAY CLOSURE
FY 2012-13:
All represented employees will be required to take a 1 day vacation or administrative
leave furlough. The day furloughed will be December 28, 2012. Tiburon Town Hall will
be closed from December 24, 2012 through January 1, 2013.
Proposed Schedule:
Monday, December 24, 2012
Tuesday, December 25, 2012
Wednesday, December 26, 2012
Thursday, December 27, 2012
Friday, December 28, 2012
Monday, December 31, 2013
Tuesday, January 1, 2013
Christmas Eve Holiday
Christmas Day
Veteran's Day Observed
Furlough Day on Town
Furlough Day on Employee
New Years Eve Holiday Observed
New Years Day
FY ?011-14
All represented Employees shall be required to take one day vacation or administrative
leave furlough. The day furloughed will be December 27, 2013. Town Hall will be
closed from Tuesday, December 24, 2013 through Wednesday, January 1, 2014.
Proposed Schedule:
Tuesday, December 24, 2013
Wednesday, December 25, 2013
Thursday, December.26, 2013
Friday, December 27, 2013
Monday, December 30, 2013
Tuesday, December 31, 2013
Wednesday, January 1, 2014
Christmas Eve Holiday
Christmas Day
Veteran's Day Observed
Furlough Day on Employee
Furlough Day on Town
New Years Eve
New Years Day
Town Council Resolution No. 23-2012 Adopted June 20, 2012 Page 6 of '8
SECTION 9. ADMINISTRATIVE LEAVE
In recognition of the long hours required to perform at the Mid-Management and
Unrepresented level, including attendance at numerous meetings outside normal working
hours, the following Administrative Leave policy shall be implemented.
Each exempt Mid-Management or Unrepresented 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 hour increments.
SECTION 10. DINNER ALLOWANCE
All Mid-Management and Unrepresented employees who live more thanl 0 miles from
Town and who are required to attend night meetings or work after office hours beyond
7:00 P.M. may be reimbursed 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.
SECTION 11. 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 has been suspended since
FY 2011-12.
SECTION 12. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE
For employees covered by this Resolution and who were 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:
Town Council Resolution No. 23-2012 Adopted June 20, 2012 Page 7 of 8
Percent of Kaiser
Single Rate
50%
75%
100%
15 Years
20 Years
25 Years
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 13. PERSONNEL RULES & REGULATION
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 August 15, 2012, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Years of Consecutive
Service to Town
JIM FRASER, MAYOR
TOWN OF TIBURON
Town Council Resolution No. 23-2012 Adopted June 20, 2012 Page 8 of 8
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
August 15, 2012
Agenda Item:
Cc-
y
Recommendation to approve the Memorandum of Understanding between the
of Tiburon and SEIU Local 2021
J T 7
The SEIU Local 1021 bargaining unit consists of six employees within the Public Works
maintenance department. The current one-year contract expired on July 1, 2012. The Town's
negotiating team has met with SEIU Local 1021 membership over the past few months and has
reached an agreement. The exhibit MOU outlines in detail the terms of a new, three-year contract
from July 1, 2012 through June 30 2015.
As a bit of history, over the past three years, the Town has negotiated the following major
contract changes with the SEIU. Local 1021 and all other employee groups:
• Employees pay their portion of retirement which was previously paid by the Town. This
amounted to an effective 4% salary reduction
• Eliminate option for employees to "cash out" vacation leave at the calendar year-end
• Capped amount of sick leave that is compensable upon separation from employment with
the Town.
• Eliminated eligibility for a medical allowance upon retirement from the Town for new
hires.
ANALYSIS
The Town's major focus when negotiating with all employee groups this year was to create a
second-tier retirement benefit for new hires which is less costly than the retirement benefits
provided to current Town employees.
The key elements of the new contract are as follows:
1. Compensation
January 1, 2013 2% across-the-board increase
July 1, 2014 2% across-the-board increase
January 1, 2015 2% across-the-board increase
TOWN OF TIBURON PAGE 1 OF 3
Ti1MAI COLHIC.il \,f ctincy
Auoust 15, 2012.
2. Retirement
Effective July 1, 2013, new hires will be enrolled in a second tier CaIPERS retirement
plan under the 2% @ 60 retirement formula using the average three highest years
calculation. Employees hired prior to July 1, 2013, receive the Ca1PERS 2% @ 55
retirement formula, using the single highest year calculation.
3. Cafeteria Benefits Plan
Effective October 1, 2012, the Town will contribute the dollar amount equal to the Kaiser
two-party rate ($1220.88) towards an employee's medical, dental, life and long-term
disability insurance premiums.
Effective March 1, 2013, the Town will contribute the dollar amount equal to the Kaiser
two-party rate that is in effect as of January 1, 2013, towards an employee's medical,
dental, life and long-term disability insurance premium.
Effective January 1, 2014, the Town will contribute the dollar amount equal to the Kaiser
two-party rate towards an employee's medical, dental, life and long-term disability
insurance premiums.
Effective January 1, 2015, the Town will contribute the dollar amount equal to the Kaiser
two-party rate towards an employee's medical, dental, life and long-term disability
insurance premiums.
4. Reclassification of Maintenance Worker I and II positions
Effective July 1, 2012, the positions of Maintenance Worker I and II shall be consolidated
and reclassified as "Maintenance Worker". The new salary range for the Maintenance
Worker position shall be $3,895 - $4,735, which represents an approximate 1.5% equity
increase for those occupying the Maintenance Worker I positions. The current incumbent
in the Maintenance Worker II position shall maintain his current pay range and receive
across-the-board increases. When the Maintenance Worker II leaves the employ of the
Town, the employee hired as his replacement shall be compensated within the
Maintenance Worker salary range.
FINANCIAL IMPACT
The fiscal impact of the proposed contract, assuming an 8% increase in health insurance
premiums, for each fiscal year is as follows:
FY
2012-13
$
14,632
FY
2013-14
$
3,680
FY
2014-15
$
16,700
The above figures do not include any savings that may be realized as new employees join the
Town under the second tier retirement plan.
.
(::AAr Cil tl et its„
RECOMMENDATION
Staff recommends that the Town Council:
1. Move to approve the exhibit Memorandum of Understanding between the Town of
Tiburon and SEIU Local 1021
Exhibits: Draft Memorandum of Understanding between the Town of Tiburon and SEW Local 1021
Prepared By: Heidi Bigall, Director of Administrative Services
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, 2012
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, 2012 through June 30, 2015.
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, 2015.. 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.
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. Any part-time employee shall receive a prorated amount of this
monthly allowance based on their full-time equivalence.
Effective October 1, 2012 through March 30, 2013, 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 two hundred and twenty dollars and 88 cents. 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. Any part-time employee shall
receive a prorated amount of this monthly allowance based on their full-time
equivalence.
Effective April 1, 2013, the Town agrees to pay the cost of group dental, life, long term
disability, medical and hospital insurance program coverage in amount equal to the
Kaiser 2-party rate in effect on January 1, 2013. During the remaining term of this
contract the Town's contribution will increase or decrease with the premium associated
with the Kaiser 2-party rate.
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. 1.1 Scope of Benefits:
For employees hired prior to July 1, 2013, the Town of Tiburon provides the two
percent (2%) @ Age 55 CaIPERS 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 hired prior to July 1, 2013.
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
For employees hired on or after July 1, 2013, the Town of Tiburon shall provide the
two percent (2%) at age 60 retirement formula for full-time personnel covered under
this Memorandum of Understanding. Each member of this unit shall pay his/her
6
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 414(h)(2).
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:
The employee must retire directly from employment from the Town of Tiburon and
apply to CalPERS for retirement benefits.
2. The retiree's medical allowance is fixed and capped at the Kaiser employee only 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:
H01 InAY
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
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
President's Day Td Monday in February
Memorial Day 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
physician, or the submission of other sustaining 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 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. Union Unpaid Leave
12.1 Union Unpaid Leave: There will be an annual pool of 24 unpaid hours for Union
Training. This pool can be requested using the same method as vacation. No more than
one employee can utilize this leave at one time. The employee will not suffer any
change in benefits during the use of Union Leave.
Section 13. 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 Durinq 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 14. FURLOUGH
10
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 15. SALARY
Effective July 1, 2012 the monthly salary range for each classification shall be::
POSITION Step A Step B Step C Step D Step E
Maintenance Worker
3,895
42090
4,294
47508
47735
Maintenance Worker
4,071
4,285
4,511
4,749
47998
II*
Public Works Foreman
4,911
5,169
5,441
5,727
6,030
Senior Maintenance
49281
4,506
41744
4,994
51256
Worker
* Effective July 1, 2012, the positions of Maintenance Worker I and 11 shall be
consolidated to "Maintenance Worker". The current incumbent in the Maintenance
Worker II position shall be "Z" rated.
Effective January 1, 2013, the monthly salary range for each classification shall be
increased by 2%:
POSITION
Step A
Step B
Step C
Step D
Step E
Maintenance Worker
3,973
41172
41381
4,600
4,830
Maintenance Worker II
5,098
Public Works Foreman
5,060
5,313
5,579
5,858
6,151
Senior Maintenance
4,411
4,631
4,863
5,106
5,361
Worker
Effective July 1, 2014, the monthly salary range for each classification shall be
increased by 2%:
POSITION
Step A
Step B
Step C
Step D
Step E
Maintenance Worker
4,053
4,256
4,469
4,692
4,927
Maintenance Worker II
5,200
Public Works Foreman
5,162
5,420
5,691
51975
6,274
Senior Maintenance
42499
41724
4,960
5,208
5,468
Worker
11
Effective January 1, 2015, the monthly salary range for each classification shall be
increased by 2%:
POSITION
Step A
Step B
Step C
Step D
Step E
Maintenance Worker
4,135
4,341
4,558
41786
5,026
Maintenance Worker II
5,304
Public Works Foreman
5,265
5,528
5,805
61095
6,399
Senior Maintenance
4,588
4,818
5,059
5,312
5,577
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.
Section 16. 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.
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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 17. 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 18. NOTICE TO EMPLOYEES
Employees shall receive ten (10) working days notice whenever the Town makes a
change in the work schedules.
Section 19. 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.
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 20. 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.
13
Section 21. SENIORITY
20.1 Department Seniority:
1. 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 22. 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.
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.
14
Section 23. 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
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.
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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 24. 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.
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)
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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.
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 25. 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 if the position has not
been reviewing with the previous twelve (12) months and either permanent and
17
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
reallocation shall be in accordance with the Town's Personnel Rules and
Regulations in effect at the time.
Section 26. 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 27. 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 employees 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.
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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 SEW 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.
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 SEW 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.
2. If the employee fails to comply, SEIU 1021 may file an action in Small Claims Court.
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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.
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
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(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 28. 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
SEIU, LOCAL 1021
David deTomasi, Town of Tiburon
DATE
Shop Steward, SEIU 1021
Rob Roland, Town of Tiburon
DATE
Shop Steward, SEIU 1021
Paul Carroll, Field Representative
DATE
SEIU 1021
Lathe Gill, Area Director
DATE
SEIU 1021
Peter Castelli, Field Director
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
22
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
Town Council Meeting
August 15, 2012
Agenda Item: l
1
Recommendation to Establish a Name for the New Joint Recreation Facility
at 600 Ned's Way
On April 18, 2012, the Town Council approved a contract to construct a new 4,800 square foot
Town facility at 600 Ned's Way. It will house Belvedere-Tiburon Joint Recreation offices and
programs and will serve both children and adults with a wide array of offerings. The project is on
Town land and primarily funded by the Town, but the City of Belvedere is also contributing to
the project though both a one-time construction contribution and an annual payment to the Town.
The project has been informally called the "Ned's Way Project" for some time, but now that it is
underway it is timely to determine a permanent, more fitting, name for the building. The Town's
naming policy (Exhibit A), directs the Town Manager to take naming issues to the Heritage and
Arts Commission, which in turn makes a recommendation to the Town Council. Of course, the
Council is free to adopt whatever name it wishes.
In originally considering a name for this building when it was conceived of several years ago,
several governing concepts were employed. These included finding a name that:
• Was unique and evocative rather than routine;
• Was rooted in Tiburon history;
• Had not been used in other major place or building names in Town or in the County;
• Avoided the use of bureaucratic or institutional sounding names like "facility";
• Was perhaps a bit whimsical, in light of its recreational use;
• Was not overly specific to "recreation" in the event the use of the building expands over
time.
A good example of a unique, delightful and historic name is Blackie's Pasture. The name is
instantly identifiable throughout the region, and reflects the specific, endearing history of that
site.
TOWN OF TIBURON PAGE 1 OF 2
The historic use of the Ned's Way site for dairy cows made the term "dairy", or something
similar, seem like a natural choice. There is also a high likelihood that the calving shed from the
Town's Corporation Yard will be eventually relocated to the site. It would be preserved and
honored with a plaque, and serve to reinforce the "dairy" nomenclature and help preserve a bit of
the history of the site. A Portuguese dairy farm history group came to the Town Council about a
year ago and offered to help with the calving shed's relocation and preservation; staff intends to
pursue this offer later this year. This tie-in is all the more reason to evoke "diary" in the name of
the site.
An additional benefit to a fun or unusual name is the branding opportunity it presents. One can
easily see how cows or other symbols evocative of dairies could easily be used in outreach to
increase awareness of the building and its role in the community. This same branding can be a
very useful tool for fundraising, which Joint Recreation intends to undertake to pay for furnish
the new space.
In early musings the Town and Joint Recreation staff, in consultation with some residents very
knowledgeable about local history, hit upon Dairy Knoll as a possibility. It has personality, is
quirky (like `Blackie's Pasture"), short, unique and it is a meaningful reference to the property's
history. On June 26, 2012, the Town Manager took this concept to the Heritage and Arts
Commission for its review and recommendation to the Town Council. Their recommendation is
attached (Exhibit B). The H&A Commissioners very much approved using a dairy reference and
liked the name Dairy Knoll, but after some discussion came to the notion that it seemed more
appropriate for a place name than a building name, and hence unanimously recommended Dairy
Hall.
Staff sees merit in each name (Dairy Knoll being more interesting and Dairy Hall being more
descriptive) and thinks either would be successful and meet the criteria set forth above.
FINANCIAL IMPACT
There is no financial impact associated with this item.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hear from any interested members of the public;
2. Consider the recommendation of the Heritage and Arts Commission and determine an
appropriate name for the new building at 600 Ned's Way; or
3. Provide further direction to staff as to how to proceed.
Exhibits: A. Town of Tiburon Naming Policy
B. Memorandum from Marlene Halden Rice, Chair, Heritage and Arts Commission
Prepared By: Peggy Curran, Town Manager
r
EXHIBIT NO,
NAMING OF TOWN OWNED PARKS,
LANDS, STREETS AND OTHER FACILITIES
POLICY
1. Except as otherwise provided below, Town-owned lands (including dedications to
public use) shall receive names of geographical or local historical significance.
This policy shall be flexible and consideration should be given to the
appropriateness of the name. (Refer to attached list of Local Historic Names.)
2. Significance of the name shall be explained with any request.
3. The naming of Town-owned lands for individuals (living or deceased) may be
considered when warranted for individuals donating land or substantial funds for
its purchase or when warranted by outstanding community service.
Such notable individuals (living or deceased), may be honored by an appropriate
plaque on any building, monument, fountain or street located on Town-owned
property.
The above-mentioned individuals, and additionally, all other individuals for
whom a commemorative tribute is desired, may be honored through one of the
following guidelines:
a. Inclusion in a Commemorative Book to be placed in the Town Hall, which
will contain a page for each person to be honored. The person's family or
sponsor will provide a brief background or special memory which will
serve both as a personal history and as a segment of the history of the
Tiburon Peninsula.
b. The expenditure of money from a specially established Heritage & Arts
Fund which would implement civic projects chosen from a "wish list"
generated by Town Council, Commissioners, and donors. Monies may be
channeled to a particular project from the "wish list" at the request of the
donor. The projects may take care of tree planting programs, establishment
and care of shrub and flower beds, art work for public buildings and other
worthwhile undertakings. The chosen project and its location will be
noted on the page of the Commemorative Book honoring the individual(s).
PROCEDURE
1. Requests concerning names to be given to the Town-owned land and facilities or
structures thereupon shall be made in writing to the Town Manager.
2. The Town Manager shall review the request and submit it to the Tiburon Heritage
& Arts Commission for its recommendation regarding appropriateness.
3. The comments and recommendation of the Commission should be forwarded in
-writing to the Town Council, via the Town Manager. A copy of this report shall
be sent to the Parks and Open Space Commission.
4. The decision of the Town Council shall be the final step in the naming process.
Adopted 2/6/80
Revised 6/16/92
Revised 12/5/94
Revised 2/16/96
Local Historic Names
E rlv Residents & Town Benefactors:
Vl' Rose Verrall (The Goat Lady) - an early Tiburon benefactor
Manuel Rodrigues da Fonta - father of Rose Rodrigues da Fonta Verrall
Earl)' merchants and active citizens of the Town prior to 193 0:
Barr, McDonogh, Creighton, Oldag, Kelly, Kircher, Williamson, Adams, Chapman,
Beyries, Hooper, Vella, Anderson
Howard White (Capt. of ferryboat Tiburon)
Mickey McGowan (donated playground equipment for Belveron Mini-Park)
Silas Lent (early settler 1856)
Gustave Behrnd (stone tower architect)
Miwok or Mewah (meaning "the people")
Prohibition era names:
Rum Runners, Bottle Point, Revenuers Reach, Bootleggers Lane
Historic Locations:
Coaling Station (1909)
Waterspout Point (tank built 1846)
Piper's Point (Marine Crematory)
Point Blunt
El Campo (later Paradise Park)
Historic N7essels:
The Freda (32' sloop built in Tiburon 1886 for Joe Tracy; Jr. founder of the
Corinthian Yacht Club)
Tropic Bird (brigantine used as a residence)
Flora Temple (sidewheeler ferry)
The Charles 01dag (tugboat operated in Tiburon 1918)
Ukiah (ferry built in Tiburon in 1890 - later rebuilt and renamed the Eureka - 1923)
Eureka
San Carlos (packet boat of Ayala - 1775)
Local flora & fauna:
Black Jewel, Paintbrush, Biscuit Root, Gold Fields, Tidy tips,
Leopard Lily, Yellow Fountain, Zigadene, Tar Weed, Pitted Onion, Tiburon
Sneezeweed, Herring, Clam, Mollusk, Otter,
Whale, Sea Lion, Heron, Terado Worm
H:/h&a/namin; pol.town-owned lands.doc
EXHIBIT NO.
TO: Peggy Curran, Tiburon Town Manager
FROM: Marlene Halden Rice, Chair
Tiburon Heritage & Arts Commission
DATE: June 28, 2012
RE: New Ned's Way Tiburon Recreation Center
This memo is to confirm that on the night of June 26, 2012, after much
discussion, the Tiburon Heritage & Arts Commission voted unanimously in favor
of the name Dairy Hall as its recommendation to the Town Council.
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Department of Public Works
Town Council Meeting
August 15, 2012
Agenda Item:
Subject: Consider recommendation of Encroachment Permit #12-75, installation of a
staircase in the public right of way at 1877 Centro West Street, APN# 059-
07-16
Reviewed By:
BACKGROUND
In June 2012, local contractor Mark Swanson submitted Encroachment Permit application #12-75
for work at 1877 Centro West Street. The encroachment permit application is for the replacement
of entry stairs, handrails, a steel gate and retaining walls. Please refer to Exhibit A. The previous
staircase and retaining wall were installed many years ago in the right of way (ROW) and the new
staircase and retaining wall propose to do the same.
ANALYSIS
The home at 1877 Centro West Street is located on a very steep hillside and is undergoing a
complete renovation. Over the past few years, both Planning and Public Works staff have
reviewed the project application at least three times. The first two reviews indicated no
encroachment in the ROW, however, during the third review, the staircase encroachment was
identified. Mr. Swanson was informed no permanent improvements are permitted in the public
right of way and instructed the staircase must be moved back onto private property. Mr.
Swanson's analysis was that due to the lot's hillside configuration and in order to have correct
rise and run measurements for the staircase, it must encroach onto public right of way as it did
previously. The proposed development plans show the previous staircase outlined in red and the
proposed staircase. Please refer to page A 1.1-1 of Exhibit B. It should be noted the footprint of
the proposed new staircase actually encroaches less into the public right of way by 2 feet 1 inch
than the previous staircase and allows for safer ingress/egress from the home.
The proposed staircase is located to the left of the garage and can be found in the bottom right
corner of page Al. I of Exhibit B. The proposed retaining wall is located to the right of the garage
and can be found in the upper right hand corner of page Al. 1. Please refer to Exhibit B. The
birds eye schematic drawing on page A 1.0 of Exhibit B also show the proposed staircase and
retaining wall.
Mr. Swanson has been informed staff does not have the authority to approve encroachments of a
substantial nature that encroach upon the ROW and only Town Council may authorize as outlined
in Chapter 19-4 (b) of the Municipal Code. Section 19-4 requires the Town Council to review
TOWN OF TIBURON PAGE 1 OF 2
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\(.Iol st- 17, 2012
and act upon encroachment permit applications "entailing the construction of buildings, car
decks, carports, garages or other long term encroachments of a substantial nature." Council
Resolution No. 16-2010, adopted by Town Council in March 2010, provides further
encroachment clarification. Section C- I. Allowable Purposes, suggests that encroachments are
allowable for residents to have access to private property for entry/egress purposes. As a matter
of clarification, it should be noted this permit and all encroachment permits are revocable.
Upon review of the encroachment permit application and accompanying drawings, Staff finds the
proposed encroachment to be in general compliance with Town requirements and guidelines of
Municipal Code, Chapter 19-4 and Resolution No. 16-2010, and recommends approval of the
permit application with conditions to be developed by Staff. Should Town Council authorize this
encroachment, a recorded Memorandum of Encroachment (MOE) will be required from the
homeowner.
FINANCIAL IMPACT
Other than staff time, there is no fiscal impact to the Town.
RECOMMENDATION
Staff recommends that the Town Council:
1. Review the encroachment permit application and exhibits,
2. Approve the encroachment permit application with conditions to be developed by
Staff, or
3. Direct Staff to work with the applicant to minimize the proposed encroachment.
Exhibits: Exhibit A - Encroachment Permit Application
Exhibit B - Development Plans
Prepared By: Matthew Swalberg, Engineering Technician
Nicholas Nguyen, Director of Public Works
A
NNW -0-M
ENCROACHMENT PERMIT APPLICATION
Town of Tiburon • 1505 Tiburon Boulevard * Tiburon. CA 94920 • (415) 435-7354
FOR OFFICE USE ONLY
r
r
Q
Payment Amt. Encroachment Permi No:
X Check No: Date Received:
❑ Cash Plan Attached: Ayes ❑ No
Notes:
❑ Inspection Required. Contact Public Works at 435-7399 two days before starting work.
❑ Performance Bond / Deposit required
❑ Additional Conditions Apply - See Attached List.
CONDITIONS OF APPROVAL:
Approved by Public Works
Approval Date
Planning Dept. Rev. (if apply):
Initials
The permit is valid for 6 month from approval date, unless otherwise stated.
APPLICATION INFORMATION
Basic applications (e.g., driveway resurfacing or routine utility connections) are reviewed by the Public Works and usually
granted within 5 to 7 business days. The basic Encroachment Application fee is $85 with a $150 Inspection Fee (for 1
inspection). Applications for more involved projects are reviewed by the Town Engineer and there may be an additional fee
charged. After the encroachment application has been reviewed and granted, the applicant will be notified to pick up a copy
of the approved application which serves as the permit. When the project is completed, a final inspection will be performed.
If related to a building project, occupancy permit will be withheld until final Public Works approval.
Location of Work & Nearest Cross Street Name of Property Owner
Description of Proposed Work - Attach any drawings, documents, schematics, and written description to illustrate your
sco e. For driveways, specify type of surfacing and size of culvert, if ap licable.
Estimated Start Date:
~ k("&
a e of Applicant
(Area Code) Phone Number
beL
Estimated Completion Date:
V1n fc'l
Name of Contractor
L' e
Mr2No-34Z
660Z(4
(Area Code) Phone Number
The undersigned hereby applies for permission to perform the above described work and/or otherwise encroach on Town of
Tiburon right-of-way or property pursuant to any required building permits. Applicant agrees that all work shall be
performed in accordance with the rules, regulations and standards of the Town of Tiburon, in addition to the General
Provisions or Special Conditions as applicable. All work shall be subject to inspection and approval by the Public Works
Department. Applicant agrees to indemnify, defend and hold the Town of Tiburon, and its employees, agents, and officials,
harmless from any claims, losses or damages that may arise from Applicant's exercise of this encroachment permit and any
other permit granted by the Town. Proof of insurance is required upon request.
Applicant's Si Date: 7i