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HomeMy WebLinkAboutTC Agd Pkt 2014-04-02TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA Tiburon Town Council April 2, 2014 Regular Meeting - 730 p.m. TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Fraser, Councilmember O'Donnell, Councilmember Tollini, Vice Mayor Doyle, Mayor Fredericks CLOSED SESSION ANNOUNCEMENT, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATION • Introduction of Tiburon Tourism Group new Marketing Director, Anh Sundstrom • The Ranch (Joint Recreation) Annual Report -Cathleen Andreucci, Executive Director CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes -Adopt amended minutes of February 5, 2014 meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes —Adopt minutes of March 5, 2014 meeting (Town Clerk Crane Iacopi) 3. Town Council Investment Summary —Accept February 2014 report (Director of Administrative Services Bigall) 4. Fair Housing Proclamation — Adopt annual proclamation in support of April 2014 Fair Housing Month (Town Clerk Crane Iacopi) 5. Town Manager Employment Agreement — Recommendation to adopt agreement and authorize Mayor to execute the Fifth Amendment to the Town Managers Employment Agreement (Town Attorney Danforth) ACTION ITEMS 1. Tiburon General Plan — Recommendation to adopt the annual General Plan Implementation Status Report for Calendar Year 2013 (Community Development Department) 2. Special Event Permit Application — Consideration of a Special Event Permit application submitted by Landmarks Society to stage an event at Shoreline Park (Town Manager Curran) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digests —March 7, 14, 21 & 28, 2014 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 Towns website, www.cixiburon.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: Subject: Reviewed By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Amended Town Council Minutes M Town Council Meeting April 2, 2014 Agenda Item: At the March 5, 2014 regular meeting, Mayor Fredericks and Councilmember O'Donnell asked for corrections to be made to the February 5, 2014 minutes (Item No. 1 on the Consent Calendar). The text of these amendments appears below, and the item was continued to the next regular meeting for adoption. Page 4, delete and replace last sentence of paragraph: Additionally, Fredericks said that both the Governor in his budget and a Caltrans Director in a recent presentation described coming policy changes for Caltrans that would result in more attention to the priorities of local jurisdictions, including a simplified design exceptions process. Page 7, delete and replace paragraph: Councilmember O'Donnell commented that when CouncilmemberTollini was on the Planning Commission, she reviewed this item. She stated then that any new ordinance couldn't be applied retroactively to the application for a real estate office at the location of Tiburon Boulevard and Main Street. Councilmember O'Donnell believed that Councilmember Tollini was completely correct on this point, and Councilmember O'Donnell mentioned it again, because he thought it was important to clarify that the town was denying the application for the real estate office on the basis of not adhering to various provisions in the General Plan for downtown commercial uses and not on the basis of the new ordinance. He made this point because there was late mail from counsel objecting to our actions. RECOMMENDATION Staff recommends that the Town Council: Adopt the minutes of the February 5, 2014 Town Council meeting, as amended by Mayor Fredericks and Councilmember O'Donnell. Exhibit: Draft Minutes of February 5, 2014 Town Council meeting Prepared By: Diane Crane Iacopi, Town Clerk TOWN COUNCIL MINUTES CALL TO ORDER Cc - / Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, February 5, 2014, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Califorma. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Doyle, Fraser, Fredericks, O'Donnell, Tollini Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Planning Manager Watrous, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session, beginning at 6:00 p.m., to discuss the following: CLOSED SESSION — (6:00 p.m.) PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Title: Town Manager Title: Town Attorney CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor Fredericks said that there was no action taken in closed session on the matter discussed. ORAL COMMUNICATIONS George Landau, 41 -year resident, said he had attended the State's Angel Island concession hearing and asked if the Town was planning to make a statement or adopt a resolution in support of Angel Island Ferry. On the subject of the state -wide drought, Landau said he remembered the water shortages of the 1970s. He noted that the City of Mill Valley was supporting grey water initiatives and encouraged the Town to join other communities in this endeavor, as well. Town Council Minutes #ax -2014 DkAFT %M_. --_. February 5, 2014 Page 1 PRESENTATION • Belvedere- Tiburon Library Agency & Library Foundation reports Deborah Mazzolini, Executive Director of the Belvedere- Tiburon Library Agency, provided on the service statistics for the 2012 -13 fiscal year (more fully delineated in the written Annual Report). Mazzolini said that the demand for services and the execution of programs were all up over previous years. She noted that the 2012 California State Library report had stated that the Belvedere - Tiburon Library ranked fourth in the State in circulation for libraries among its size. Glenn Issacson, Building Committee Chair, gave an update on the plans for the library expansion. He said that during the current fund- raising period, there had been no expenditures but that when fundraising reached a certain point (estimated to be in 2015), architectural drawings and design would commence. He said that actual construction was estimated to cover an 18 -month period, once final plans are approved. Mazzolini introduced Donna Bero, of the Library Foundation who she said had a background in fundraising for the San Francisco Public Library and Conservatory of Flowers. Mazzolini said the Foundation was indeed lucky to have such an experienced person at the helm of its capital project fundraising. Ms. Bero explained that the Foundation was a not a public agency but rather a private, non -profit (5013c)) foundation that was governed by its own Board of Directors. She said that its expenditures had been $138,000 in the previous year. She noted that funding comes from individuals, events, investment returns, and proceeds from the Comer Books store. She said that 81 % of the proceeds go directly to the Library Agency and that 16% of the Library's program costs of the Library are covered by foundation proceeds. As of year -end, Ms. Bero said the Foundation had raised $5,900,000. She said their mission was to support the Library's collections and programs and capital projects through advocacy, book sales and events, and community outreach. Mayor Fredericks thanked the three speakers for their presentation. CONSENT CALENDAR 1. Town Council Minutes — Adopt minutes of January 15, 2014 meeting (Town Clerk Crane Iacopi) 2. FY 2013 -14 Town Budget — Accept mid -year budget report (Director of Administrative Services Bigall) Town Council Minutes #xr -2014 Februmy 5, 2014 Page 2 3. 1704 Tiburon Boulevard – Adopt resolution denying an appeal by K2 Properties and Decker Bullock Realty, Inc. of the Planning Commission's decision to deny a conditional use permit application to establish a real estate business office in the VC Zone (Community Development Department) 4. Storm Drain Repairs –Authorize award of contract for budgeted work in 2013 -14 (Department of Public Works) Appointments to Boards, Commissions &Committees – (Town Clerk Crane Iacopi) a) Belvedere- Tiburon Joint Recreation Committee ( "The Ranch ") – Ratification of "at large" representative selected by the Reed Union School District; b) Homeless Policy Makers Committee – Appointment of Vice Mayor Doyle as the Town Council's representative to a subcommittee of the County's Homeless Policy Steering Committee 6. Caltrans Relinquishment Study –Approval of Cooperation Agreement with Caltrans for the Project Scope Summary Report (PSSR) (Town Attorney Danforth) Item Nos. 1, 2, 3 and 6 were removed from the calendar for discussion. The following two items were approved: MOTION: To approve Item Nos. 4 and 5, as written. Moved: Fraser, seconded by Tollini Vote: AYES: Unanimous Councilmembers O'Donnell and Tollini had corrections to page 3 and 8 of the minutes. MOTION: To approve Item No. 1, as amended. Moved: O'Donnell, seconded by Tollini Vote: AYES: Unanimous Councilmember Fraser noted that he had recused himself from hearing this [appeal] item at the February 5 meeting. MOTION: To approve Item No 3, as written. Moved: O'Donnell, seconded by Doyle Vote: AYES: Doyle, Fredericks, O'Donnell, Tollini ABSTAIN: Fraser Councilmember O'Donnell asked about two items in the budget report (Item No. 2)—the new police vehicle and funding for the emergency sirens. Town Manager Curran said that there was a slight acceleration in the replacement schedule for the police vehicle but that it was scheduled Town Council Minutes #xx -2014 February 5, 2014 Page 3 and did not represent an additional vehicle. Curran when on to say that half of the $100,000 slated for funding of the emergency sirens on the peninsula was paid and the remainder would be funded upon successful testing of the sirens. MOTION: To approve Item No 2, as written. Moved: Fraser, seconded by Doyle Vote: AYES: Unanimous Mayor Fredericks had the following comments about the PSSR ( Caltrans study). She said that although the study had been approved in concept by the Council, two key pieces of information — sea level rise and flooding — as well as sources of funding for fixture paving — would be either incomplete due to the scope of the study and the future legislative outcome of funding sources. She said she had confirmed the former explicitly in a conference call with Caltrans representatives and that legislatively, the State was in the process of shifting costs onto local jurisdictions because local funds and bonds were drying up. , • �EQQ -f`P t ���z c2� .SQM.�2. The Mayor continued to call for an independent cost benefit analysis of the risks involved in taking over a portion of the Boulevard and said that the Town should not rely on Caltrans to do this. She said that such an independent study could proceed without knowing the exact boundaries of the boulevard (information anticipated in the PSSR). The Mayor also continued to express her concern that any future paving of Tiburon Boulevard would be a drain on the Town's General Fund in perpetuity. For these reasons, she said she would continue to vote against spending Town funds on this matter. Councilmember Fraser said that he had a slightly different perspective on the matter. He said he agreed on the expressed need for a cost benefittrisk analysis. But he said he also thought the PSSR study was greater in scope than characterized above and that the Town would benefit from it. He said he would vote for the PSSR, as well as another [independent] study. Councilmember O'Donnell agreed with this analysis. He said he viewed the PSSR as a down payment on a potential venture and that the Town needed to have this information in order to find out if it wanted to proceed. He added that the cost of the PSSR had been negotiated downwards from $180,000 to $108,000. Vice Mayor Doyle agreed with all the opinions expressed and said he favored taking the parallel path and having two studies. He said that getting all the information would help the Council make the right decision at the right time. Councilmember Tollini said she was a fan of "more" information and agreed on the need for the two studies in tandem. Town Council Minutes #xx -2014 Februaq 5, 2014 Page 4 Mayor Fredericks opened the matter to public comment. Diane Lynch, Solano Avenue resident, said that while the Town had saved money on election costs by appointing its Council, she thought that the money might be well spent on the matter of relinquishment by putting it to a vote of the Townspeople. Ms. Lynch said that it seemed to her that the idea of relinquishment seemed to be mostly about the improvement of the downtown business district; but she argued that the entire Town would have to pay for relinquishment. She agreed with the Mayor's remarks that more information was needed about flooding, especially in [chronic] areas like Tiburon Boulevard and Beach Road. Bill Lukens, Las Lomas Lane, said he spoke for himself as well as expressing the opinion of former Mayor Denis Rice who had serious concerns about relinquishment of Tiburon Boulevard. Mr. Lukens said that not only are we in the dark about costs but also about the benefits of such a venture. Lukens aid that Mayor Rice and his colleagues on the Town Council had reviewed the matter 40 years ago and had decided against relinquishment due to ongoing costs and unknowns, such as tidal movement and drainage problems; issues he said remain today. Richard Kandell, resident, asked the Council to save its money until it had asked the residents of Tiburon if they want to take over the road. There was no more public comment. MOTION: To approve Item No. 6, as written. Moved: O'Donnell, seconded by Fraser Vote: AYES: Doyle, Fraser, O'Donnell, Tollini NAYES: Fredericks PUBLIC HEARING Zoning Ordinance Text Amendments — Amend Title IV, Chapter 16 (Zoning Ordinance) of Town Code to incorporate various proposed text amendments including but not limited to: Expanding limitations on ground floor office use locations in the downtown; Requiring site plan & architectural review for the demolition of main buildings; Modifying permitted flagpole heights; Adding a new findings for approval of conditional use permits; and other miscellaneous text amendments (Community Development Department) — introduction and first reading of ordinance In his report, Planning Manager Watrous said that the text amendments before the Council were two -fold: The first represent a number of clean-up text amendments to the Tiburon Zoning Ordinance to address issues that have arisen, and the second part are revisions to correct or clarify minor text discrepancies and errors that have been discovered since the adoption of the comprehensive Zoning Ordinance update in 2010. Town Council Minutes #= -2014 February 5, 2014 Page 5 Watrous said the Planning Commission had conducted a public hearing on the proposed text amendments on October 23, 2013. He noted that the staff report for that meeting (attached as Exhibit A to the written report for this meeting) contains descriptions of the various amendments and their intended purposes. Watrous also referenced a supplemental staff report (Exhibit B) that contains several recommended revisions to the draft text amendments described in the original staff report. At the October 23, 2013 meeting, Watrous said the Planning Commission heard testimony from several residents who supported the recommended changes that would expand the list of addresses where street - fronting ground floor office uses are prohibited (without the granting of an exception) to include additional properties along Tiburon Boulevard. He said that staff also recommends an additional finding be included to ensure that a future ground floor office use is not proposed in an inappropriate location based on general plan and zoning The Planning Manager said the use is otherwise consistent with the General Plan and Zoning Ordinance provisions and the findings can be made for approval of a conditional use permit for the use. He recommended that the Council hold a public hearing and take testimony on the proposed text amendments and consider adoption of the draft ordinance. Mayor Fredericks asked for comments from the Council. Councilmember Tollini asked about the text amendments that had been added since the last [Planning Commission] hearing; she asked whether the proposed ordinance should go back to the Planning Commission for further review prior to consideration by the Town Council. Town Attorney Danforth said that the Government Code Section pertaining to ordinance adoption clearly requires the Council to refer the new language to the Planning Commission, but is ambiguous as to the timing. She said that given this ambiguity, she thought it would be acceptable for the Council to conduct its hearing and pass first reading of the proposed ordinance but it would also be prudent to defer final adoption of the ordinance under after the Planning Commission had time to review the additional changes. Planning Manager Watrous said that there was a Planning Commission hearing scheduled before the next Town Council meeting in which this could be accomplished. Councilmember Fraser asked about some text on page 3, pertaining to height of FCC antenna. He asked whether this was a change to the ordinance. Director of Community Development Anderson said no, that the changes to text were noted in strikeout or underline format and that this was not a change to the ordinance. Planning Manager Watrous clarified that the text referenced by the Councilmember had to do with the heights of flagpoles. Councilmember Fraser also asked about the "new" construction project versus remodel definition on page 4. Planning Manager Watrous said this language was found elsewhere in the Zoning Town Council Minutes #ax -2014 February 5, 2014 Page 6 Ordinance and pertained to the basic definition of [remodel of] less than 50% of change to a house or structure. Councilmember O'Donnell commented that Councilmember Toll' ' had served on the PjpAi1fig n ✓n Commission prior to appointment to Council and woAdtfed whether this p5seified any sort of conflict ' oting to deny, 704 Tiburon Bou ard] appeal. Town orney Danforth comme?Dntecrthat the action o peal was taken ba on the current Zo ' g Ordinance, not the propoted changes; ther5fofe there was not an sis for conflict. %� N���� Mayor Fredericks opened the public hearing. There was no public comment. Mayor Fredericks �� closed the public hearing. MOTION: To read the ordinance by title only. Moved: O'Donnell, seconded by Doyle Vote: AYES: Unanimous Mayor Fredericks read, "An ordinance of the Town Council of the Town of Tiburon amending Municipal Code Title IV, Chapter 16 (Zoning) by making various text amendments ". MOTION: To pass first reading of the ordinance, and direct staff to refer the item to the Planning Commission for its report and recommendation on the text change prior to adoption by the Town Council. Moved: Tollini, seconded by O'Donnell Vote: AYES: Doyle, Fraser, Fredericks, O'Donnell, Tollini TOWN COUNCIL REPORTS Mayor Fredericks commented on the proposed plastic bag ban ordinances that are currently working their way through the Marin cities. She said it would be preferable [for the Town] to wait a little while longer before undertaking this issue, in light of the fact that there are two separate bills before the state legislature. She said that while she supported the concept of the bag bans, she said it would be helpful to see how the state -wide legislation sorts out before adopting a local ordinance. TOWN MANAGER'S REPORT Town Manager Curran noted that the February meeting of the Marin County Council of Mayors and Councilmembers is being hosted by the Town of Tiburon and Marin Community United. She said that Jason's Restaurant in Greenbrae had been originally selected for the location for capacity, ease of parking, and the "central location" policy of MCCMC. However, she noted that at the last MCCMC meeting, several Council members had said that the Town should the dinner in Town. Mayor Fredericks added that her colleagues on the Council had wanted to show their support for local businesses, so that the new location that had been chosen is Sam's Anchor Cafe. Town Council Minutes #xx -2014 February S, 2014 Page 7 Town Manager Curran said that owners Steve Sears and Brian Wilson had been very helpful to the Town in planning this event. WEEKLY DIGESTS • Town Council Weekly Digests —January 24 & 30, 2014 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 8:25 p.m. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #zx -2014 February S, 2014 Page 8 TOWN COUNCIL MINUTES CALL TO ORDER CC -2 Mayor Fredericks called- the - regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday March 5, 2014, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: 141103= Wmel0y co) Coll Doyle, Fraser, Fredericks, O'Donnell, Tollini Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Planning Manager Watrous, Interim Director of Public Works Petrie, Police Chief Cronin, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met inclosed session, beginning at 6:30 p.m., to discuss the following: CLOSED SESSION — continued from February 5, 2014 PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Title: Town Manager Title: Town Attorney CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor Fredericks said there was no action to report. ORAL COMMUNICATIONS Allen Bortel, Ned's Way, informed the Council that he would be stepping down in June, after 12 years, as the Town's representative to the Marin Commission on Aging. Mr. Bortel noted that he had been appointed to the California Senior Legislature and was running for another term. He described the mission of the California Senior Legislature and its advocacy on behalf of seniors. Mayor redericks thanked Mr. Bortel for his service to the Town and on behalf of our seniors. Town Counc' Minutes #xx -2014 r / March S, 2014 Page 1 PRESENTATION • Marin Transit District Update on Tiburon Route 219 — (Robert Betts, Planning Manager) Mann Transit District representative Robert Betts updated the Council on how the Route 219 and 219F Shuttle program — service to the Tiburon Peninsula - had progressed since its roll -out in August 2013. He informed the Council that ridership at 8 passengers per hour is the threshold for viability and that generally the program is meeting its target. He said that ridership on the weekends was less than during the week. Mr. Betts commented that the shuttles carried workers into and out of downtown Tiburon and that it was also utilized by the student population on the peninsula. Mr. Betts said the shuttle program came about as a result of an outreach program (survey) conducted by the transit district in 2011. In this survey, he said that the public requested a high frequency connection between Strawberry and downtown Tiburon that would connect to the ferry service. This resulted in three trips in the morning hours and three in the afternoon that are timed to the ferry, the shuttles go up into the hillside neighborhoods, as well as provide service to Belvedere, according to Betts. Mr. Betts also described several proposed service changes being contemplated by the Marin Transit District Board: 1) to reroute service off of Reed Boulevard in Strawberry and to make a connection at the northbound Seminary Drive bus pad thereby creating more connectivity to other bus routes; and 2) to change one ferry service route in order to meet the last ferry in Tiburon rather that the first a.m. ferry, based on demand. Council had some questions and comments. Councilmember Fraser applauded Betts and his team for bringing enhanced service to the Tiburon peninsula community. He asked how the Council could help increase ridership and ensure the continued success of the program. Mr. Betts said that one way would be to create partnerships, through advertising the service for special events, such as the Wine Festival, particularly when parking might be an issue; also, to make mention on the Town's website for every town event. He said and another way would be to promote, through incentives such as free or discounted passes, programs by employers, businesses or the Town, to encourage their workers to use the shuttle service. Fraser and Betts talked about the idea of "apps" on cell phones and the like to show shuttle schedules; Betts said that there was already a "real time" graph on -line that showed the exact location of the shuttle and estimated arrival at the next stop. He also mentioned that they had shown hotels an Wad application that could be shared with their guests at the concierge desk, and the like. DRAFT Town Council Minutes #xx -2014 March 5, 2014 Page 2 Councilmember O'Donnell also applauded the program and said that his son used the shuttle twice a week. He asked whether there was a possibility to "rebrand" the shuttle service with a catchy name, such as the "Shark Shuttle", that might attract ridership. Mr. Betts said that permanent signage might be difficult on the buses themselves, as they were switched out to other routes at different times during the day within the Marin Transit District. But he also noted that the digital "head sign" might be changed. O'Donnell also expressed concern regarding the re- routing of the shuttle off of Reed Boulevard. He said that this was an important stop for riders going to the Strawberry Recreation Center which provided service to kids going to Little League games, the swimming programs, etc. He said he thought that "NIMBYism" had prompted the route change and expressed regret about it. Mr. Betts said that two stops would be preserved in the vicinity but conceded that the change would now require kids to have to cross Tiburon Boulevard in order to get to the Strawberry Recreation Center. O'Donnell said that this would be too dangerous and too tough for many kids. Mayor Fredericks said the Council had received questions about the timing of shuttles to school bells; she asked whether there were any constraints for transit district [non - school - district] busses to provide service to the schools. Betts said that it was hard to meet the needs of the schools due to economies of scale; he said that the bells are too close and that the district would have to dedicate one bus to each school. He also said there are preclusions for transit district busses to go onto school properties and for transit dollars to be diverted to school routes. Nevertheless, he said the district tried wherever it could to cooperate with the school districts and shared a common goal to reduce congestion within the County. Mayor Fredericks asked whether the 219 program might eventually become a substitute for the Route No. 8 of the Golden Gate Bridge District. Betts said that the Marin Transit District No. 219 would never go into San Francisco; and that if the Golden Gate No. 8 were ever discontinued, it might follow that the 219 could be rerouted to connect to the highway stop at Strawberry in some fashion. Finally, Mayor Fredericks asked about a possible connection to the Marin Airporter bus pad in Strawberry. Betts said they were going to test that, and possibly going on to Mazanita, as well, but only to determine if that would be productive. He commented that the latter might not make sense because it would be too far off route. Mayor Fredericks asked Mr. Betts to describe the methodology used by the transit district to measure targets and ridership. He did so, explaining that it was not random and was an established methodology; he also noted that every month the Board received reports and and made service changes, if necessary. DRAFT Town Council Minutes #ax -1014 March S, 2014 Page 3 Town Manager Curran commended Mr. Betts and said he had been a terrific partner to the Town of Tiburon. She thanked him for his continued vigilance. Mayor Fredericks asked if there were any questions or comments from the public. Allan Bortel also commended Mr. Betts for the institution and success of the program. He suggested another source of riders, namely, the Roads Scholars who come into Town and stay at the Lodge. Bortel also suggested that advertising in San Francisco about the route would be helpful, and if the Marin Airporter company could advertise the connection to their busses, as well. Leslie Alden thanked the Council and Betts for the presentation. She invited everyone to attend the meeting at Strawberry Recreation Center on March 12 and share their views about the 190i i A Mark Lieberman, resident of Belvedere Drive (Strawberry), rebutted the comment about N]MBYism. He said that they were never notified of the meeting regarding [the institution of] the shuttle service and that they had ongoing safety concerns that had not been addressed. He commented, for instance, that there were no sidewalks in areas of Strawberry and he feared for children like his two- year -old who did not yet know about the danger of automobiles. Nevertheless, Lieberman said he was happy to hear of the new connection to the Airporter bus and said that the residents of Strawberry would likely use this service. He also said he hoped that everyone could work together more closely in the future for a positive result. Ken Weil, Hilary Drive, said that he had participated in the original study but was shocked to see that his name had been used in print [on the published results of the study]. Mr. Weil said he shared some of the concerns expressed by Mr. Lieberman, as he lived in an area with no sidewalks, as well, and that the [commuter] shuttle went up and down Hilary Drive. He said that he had raised this issue but had not received any notification of the meeting tonight. He said he was torn about what to think of the program overall. Mr. Bortel suggested that Mr. Weil might subscribe to the Town's newsletter as a way to stay informed of programs and meeting schedules. CONSENT CALENDAR 1. Town Council Minutes —Adopt minutes of February 5, 2014 meeting (Town Clerk Crane Iacopi) Town Council Investment Summary — Accept January 2014 report (Director of Administrative Services Bigall) DRAFT Town Council Minutes #xc -2014 March 5, 2014 Page 4 3. Town Financial Audit Report— Accept report for fiscal year ending June 30, 2013 (Director of Administrative Services Bigall) 4. Commendation —Adopt resolution commending Mervin Field for his lifetime achievements and continuing contributions to the Tiburon community (Heritage & Arts Commission) 5. Notice of Completion of Town Project —Adopt resolution accepting downtown Tiburon Guest Facilities project as complete and authorize filing of Notice of Completion (Department of Public Works) 6. Notice of Completion of Town Project —Adopt resolution accepting Dairy Knoll Recreation Building project as complete and authorize filing of Notice of Completion (Department of Public Works) Annual Street Rehabilitation Project — Authorize call for bids for 2013 -14 Annual Street Rehabilitation Project (Department of Public Works) 8. Appointments to Town Boards, Commissions and Committees — Consider appointments to fill expiring term vacancies on Town boards and commissions (Town Clerk Crane Iacopi) Item Nos. 1, 3, and 5 were taken off the consent calendar for discussion. MOTION: To adopt Consent Calendar Item Nos. 2, 4, 6, 7 and 8, as written. Moved: Doyle, seconded by O'Donnell Vote: AYES: Unanimous Council discussed the remaining items, as follows: Town Council Minutes — Adopt minutes of February 5, 2014 meeting (Town Clerk Crane Iacopi) Mayor Fredericks asked for a correction on page 4; Councilmember O'Donnell asked to strike a paragraph from page 6 and replace it with new text that more accurately reflected what he had said. Item continued to next meeting for adoption. Town Financial Audit Report — Accept report for fiscal year ending June 30, 2013 (Director of Administrative Services Bigall) Councilmember Tollini said that one of the line items in the Town's income statement did not foot with a deficit figure in another part of the report. Director Bigall asked for a moment to review the pages in questions and prepare a response. Town Manager Curran suggested that staff prepare a brief memo to Council by way of response. DRAFT Town Council Minutes #ax -1014 March S, 2014 Page 5 MOTION: To adopt Consent Calendar Item No. 3, as written. Moved: Tollini, seconded by Fraser Vote: AYES: Unanimous 5. Notice of Completion of Town Project —Adopt resolution accepting downtown Tiburon Guest Facilities project as complete and authorize filing of Notice of Completion (Department of Public Works) Councilmember O'Donnell noted that the mayor's name was stated incorrectly in the adopting resolution. Town Clerk Crane Iacopi said that the typo had been corrected after the packets went out. MOTION: To adopt Consent Calendar Item No. 5, as amended. Moved: Fraser, seconded by Tollini Vote: AYES: Unanimous ACTION ITEMS 1. Tiburon Boulevard Medians —Recommendation to approve call forbids for the Tiburon Boulevard Median Landscape Project (Department of Public Works) In her report, Town Manager Curran brought the Council up to date on the proposed Tiburon Boulevard Median Landscape Project. She said the project would entail the curb -to -curb removal of concrete in the medians from Cecilia Way to Bay Vista Drive and the introduction of plant soil, an irrigation system, and planting. In addition, Curran said that the Town's Maintenance Agreement with Caltrans, currently in place for all the planted medians, would need to be modified to expand the Town's responsibilities and include the new planted areas. She said the Town is currently working with Caltrans to both modify the existing Maintenance Agreement and gain a Caltrans Encroachment Permit for the project. Town Manager Curran said that the Town's current fiscal year budget included $65,000 for engineering the median project. She said she was happy to report that the results of this study had produced good news in that the estimated price was lower than staff had anticipated. Curran noted previous estimates put the project cost at between $500,000 and $600,000; she said that detailed engineering now provided a revised budget of $417,181, inclusive of soft costs and a 15% contingency. Curran said that the Council had earmarked an additional $235,000 in the five -year capital plan to fund this project (for a total contribution of $300,000); funding that was contingent upon its inclusion in the 2014 -15 budget. Curran said that the Council was not being asked to approve this amount at this time, rather, to authorize staff to bid the project and return to the Council for further discussion and a possible award of bid at the first meeting in July 2014. The Town Manager noted that the Board of Supervisors had provided a $25,000 contribution to the project, the site of which is located in the unincorporated area of the County on Tiburon DRAFT Town Council Minutes #xx -2014 March 5, 2014 Page 6 Boulevard, which leaves a funding gap of $92,181. She said that efforts are underway with the Tiburon Peninsula Foundation to raise some or all of these funds through public donations. She also noted that the City of Belvedere had been approached to contribute to the project because Tiburon Boulevard represents the entryway to that city, as well. Curran said that if fundraising efforts were successful, and Council approves the project, a permit might be issued for work to begin in the Fall. Otherwise, she said that an entire year would be lost if the project was not bid this spring. Curran said that because the project estimates had come in under estimate, making the fundraising a realistic goal, she recommended that the Town Council authorize staff to bid the Tiburon Boulevard Median Landscaping Project at this time. Mayor Fredericks asked for clarification what was meant by Curran's statement that the Council had the "wherewithal" to take action at this time. Town Manager Curran said that because the Town had already approved the engineering for the project, an approval to bid the project would preserve the Town's positioning for a potential permit in the Fall. Mayor Fredericks asked if there was any public comment. There was none. MOTION: To authorize staff to bid the Tiburon Boulevard Median Landscaping Project, as described in the staff report. Moved: O'Donnell, seconded by Fraser Vote: AYES: Unanimous 2. FY 2013 -14 Town Budget Amendments — Authorize mid -year budget amendments (Director of Administrative Services Bigall) Director of Administrative Services Bigall said that following the mid -year budget review at the February 5, 2014 Council meeting, staff indicated that it would return at the subsequent meeting to request amendments to the 2013 -14 fiscal year Town Budget for several unanticipated expenditures. She described these expenditures in more detail in the written report. They are, in summary: -- Town's 5& Anniversary Celebration: Staff request for budget amendment of $30,000 in current fiscal year to augment the already budgeted $20,000; total cost of event is estimated to be between $75,000 and $100,000; - -Minor Remodel of Upstairs Offices at Town Hall resulting from Recreation Department move to new facilities at Dairy Knoll: Staff request for $50,000 from the Unallocated General Fund for this project, to begin in early Spring and will include a new conference room with audio and video capabilities and reconfiguration of remaining space for building and planning file storage; -- Blackie's Pasture Frontage Improvements: Staff request for an additional $20,000 from the Unallocated General Fund ($40,000 total) for modest improvements to the hardscape and DRAFT Town Council Minutes #xc -2014 March 5, 2014 Page 7 landscape area along Tiburon Boulevard, including making the area more accessible for the disabled to comply with the Americans with Disabilities Act (ADA); -- Replace Police Vehicle: Staff request for $33,625 from the Capital Equipment Replacement Fund to rotate one vehicle slightly ahead of schedule, a 2003 Crown Victoria with over 275,000 miles that had experienced major mechanical problems; -- Replace Police Mobile Data Computers: Staff request for $21,600 from the Technology Replacement Fund for equipment that supports current Department records management software; -- Peninsula Emergency Siren System: Staff request to budget the final installment of $52,500 from Unallocated General Fund for the (Town contribution) toward new system. Council had some questions of staff. Councilmember Fraser referenced the recent siren test on February 20. He said that he had not seen an official report of the results, however, he had read and heard that the sirens were not as audible as we would have liked in various places on the peninsula. He suggested delaying the balance of the payment until further testing and any bugs had been worked out. Chief Cronin acknowledged that the sirens were not as loud as expected, and two of them were not working properly. On the other hand, he said that most people who were outside of their homes had heard them; he said that it was not expected that the sirens would be heard necessarily by people who were indoors. The Chief said his personal opinion was that the test had achieved pretty good coverage, and that combined with the direct calls from the MEANS and TENS call out systems, he thought that everyone on the Tiburon Peninsula could be reached during an emergency. Councilmember Fraser asked if "tweaks" would be made to the (non - functioning) sirens; the Chief said that yes, the tweaks were in progress and that the system would be retested to ensure its workability. Councilmember Fraser also asked about the pricing for the computer equipment in the police patrol cars; he said he was surprised at the cost, given how much it costs to buy laptops at retail. The Chief agreed but said that these laptops were not off the shelf; they had touch screens and were "ruggedized" for the challenging circumstances of police usage. He said that they had looked into pricing and other vendors before proposing the purchase and were satisfied this was the best price available. Councilmember Doyle commented that unlike some people who did not hear the sirens while inside their homes, he said the siren in his neighborhood was so loud (during the test) that it seemed like it was right in his backyard. DRAFT Town Council Minutes Aix -2014 March 5, 2014 Page 8 Mayor Fredericks said that some people had posted comments on her Facebook page that it was difficult to distinguish the sound of the sirens from other, emergency vehicles. She asked whether a different sound might be chosen. Chief Cronin said this was a point well taken and that there were three or four [sound] options available. He also said that more frequent testing would be helpful in creating an "identifier" for the sirens so that people would know what they should start listening for. Councilmember O'Donnell asked about the replacement of the police vehicle and why it was not in the current year's budget. Chief Cronin said that it was in the replacement schedule but did not quite make it to the due date, even after minor repairs. He said that to make more extensive repairs would not be cost effective. There were no other comments from the Council or the public. MOTION: To authorize the budget amendments, as proposed. Moved: O'Donnell, seconded by Doyle Vote: AYES: Unanimous Mayor Fredericks moved up the public hearing item. PUBLIC HEARING 1. 2 Miraflores Lane —Application for precise plan amendment to extend existing secondary building envelope to accommodate a proposed garden room/cabana and additional deck area (Community Development Department) Precise Plan: Owner /applicant: Assessor Parcel No.: Miraflores Precise Plan Davoud Sadeghi 039 - 271 -21 Planning Manager Watrous said the applicant proposes to amend the Miraflores Precise Plan for property located at 2 Miraflores Lane. He said the amendment seeks to expand the existing secondary building envelope on the site to accommodate a proposed garden room/cabana and additional deck area. The garden room would be used primarily for storage of garden and pool equipment and would include a bathroom for use by gardeners and residents using the pool, according to the application. Watrous said the proposed expansion to the secondary building envelope would extend the envelope 23 feet, 2%2 inches toward the northern end of the site. Also, he said the proposed garden room would be constructed at a lower level adjacent to the existing pool and decks without extensive grading. The Planning Manager said that after the building envelope expansion was approved in 2010, the applicant realized that construction of the gazebo would have placed the structure across an existing sewer line and utility easement. He said the applicant has DRAFT Town Council Minutes A= -2014 Mm•ch 5, 2014 Page 9 requested the currently proposed envelope expansion to locate the room beyond the utility easement and that the applicant would be required to obtain permission from the Miraflores Homeowners Association prior to construction of improvements across a private drainage easement on the site. Mr. Watrous said that the Planning Commission held a public hearing on this application at its February 12, 2014 meeting. At that meeting, the Planning Commission generally supported the proposed request and found that it was in conformance with the overall intent of the Miraflores Precise Plan and the Tiburon General Plan. However, he said the Commission raised concerns that the garden room structure on the site could be used in the future for more intensive purposes, such as an office, guest room or secondary dwelling unit. Therefore, the Commission voted 4 -0 to recommend the application for approval as modified to prohibit an office, guest room or secondary dwelling unit within the expanded envelope. The Planning Manager said that the applicant, Mr. Sadegbi, was present and available to answer any questions of the Council. He recommended that the Town Council hold a public hearing on this item and adopt the draft resolution approving the application. Mayor Fredericks opened the public hearing. There was no public comment. Mayor Fredericks closed the public hearing. Mayor Fredericks commended the applicant for doing a good job in including his neighbors in the process. MOTION: To adopt the resolution approving the precise plan amendment, as written. Moved: Doyle, seconded by O'Donnell Vote: AYES: Unanimous 3. Zoning Ordinance Text Amendments — Consider report and recommendation from the Planning Commission on a referral of proposed modifications to a previous Planning Commission recommendation on an ordinance proposing to amend Title IV, Chapter 16 (Zoning Ordinance) of the Tiburon Municipal Code (Community Development Department) — Second reading and adoption of ordinance by Roll Call Vote Councilmember Fraser recused himself from hearing the item and left the meeting. Planning Manager Watrous gave the report. He said the Town Council held first reading of this ordinance following a public hearing at its meeting on February 5, 2014. As part of its motion, Watrous said the Town Council referred the item to the Planning Commission for its report and recommendation on the modification proposed to a section of the ordinance addressing findings necessary to grant a ground -floor office use exception in portions of the Downtown area. He said the ordinance now comes to the Town Council for consideration of adoption pending receipt of the Planning Commission's report and recommendation on the proposed modification. DRAFT Town Council Minutes #xz -2014 March 5, 2014 Page 10 The Planning Manager went on to say that at its February 12, 2014 meeting, the Planning Commission discussed the Town Council - referred modification to the proposed text amendment to Section 16- 22.040 (B[2]). He said the Commission supported the proposed modification and voted 4 -0 to forward that position of support as its report and recommendation to the Town Council. Further, Mr. Watrous said that if the Town Council determines that theses modifications are not desirable, it should conduct a first reading of the proposed ordinance without the modifications to Section 16- 22.040 (B[2]). Mr. Watrous recommended that the Town Council 1) accept comment from any interested persons on the item; 2) accept the report and recommendation of the Planning Commission with respect to the proposed modification of Section 16- 22.040 (B[2]); and 3) proceed to adopt the proposed ordinance. There were no comments from the Council. Mayor Fredericks opened the public hearing. There was no public comment. Mayor Fredericks closed the public hearing. MOTION: To read ordinance by title only. Moved: Tollini, seconded by O'Donnell, Vote: AYES: Unanimous 175L4110a111 wr"Mm Mayor Fredericks read, "An ordinance of the Town Council of the Town of Tiburon amending Municipal Code Title IV, Chapter 16 (Zoning) by making various text amendments." MOTION: To adopt the ordinance, as written. Moved: O'Donnell, seconded by Tollini Vote: AYES: Doyle, Fredericks, O'Donnell, Tollini RECUSED: Fraser TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT Manager Curran said that there was a possibility of cancelling the March 19 regular meeting and also noted the upcoming March 25 Town Council/Staff Retreat at Ristorante Servino. WEEKLY DIGESTS Town Council Weekly Digests — February 7, 14, 21 & 28, 2014 DRAFT Town Council Minutes #ax -2014 March 5, 2014 Page 11 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 8:52 p.m. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #n -2014 March 5, 2014 Page 12 TowN OF TIBuRON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Administrative Services Department Investment Summary — February 2014 Town Council Meeting April 2, 2014 Agenda Item: CC- Pursuant to Government Code Section 53 60 1, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended February 28, 2014. I: M.101'6.31.1 February 2014 Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $19,444,907.44 0.236% Liquid Fund (LAIF) Housing note to $ 800,000.00 0.271% Based on Town Manager Contract Money Market $ 100,000.00 0.10% Liquid ank of Marin Note to Former $ 14,054.05 5.55% June 1, 2017 Town Em loyee Total $20,358,961.49 The total funds invested at the end of the prior month were $20,359,375.57; therefore the Town's investments decreased $414.08 in February 2014 FINANCIAL IMPACT No financial impact occurs by adopting the report. The Town continues to meet the priority principles of investing — safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for February 2014 Prepared By: Heidi Bigall, Director of Administrative Services TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Clerk Proclamation for Fair Housing Month Town Council Meeting April 2, 2014 Agenda Item: In April 2014, Fair Housing of Marin will once again celebrate Fair Housing Month. The Town Council is being asked to adopt a proclamation that urges all Tiburon residents to adopt the spirit, as well as the law, of equal housing and to embrace the rich cultural diversity of our citizens. RECOMMENDATION Staff recommends that the Town Council: Authorize Mayor Fredericks' signature on the attached Proclamation in support of Fair Housing Month in Marin. Exhibits: Letter from Fair Housing of Marin Draft Proclamation Prepared By: Diane Crane Iacopi, Town Clerk 0 FAIR HOUSING OF MARIN 615 B Street, San Rafael, CA 94901 ♦ (415) 457 -5025 v TDD: (800) 735 -2922 ♦ Fax: (415) 457 -6382 www.fairhousingmarin.com ♦ fhom@fairhousingmarin.com March 6, 2014 Alice Fredericks 1505 Tiburon Boulevard Tiburon, CA 94920 RE: APRIL 2014 - FAIR HOUSING MONTH PROCLAMATION Dear Mayor Alice Fredericks: In April 2014, Fair Housing of Marin will once again celebrate National Fair Housing Month, as a reminder that equal housing is not only state and national policy, but also a fundamental human right that the people of our County embrace. At this time, we would like to ask the Town of Tiburon to be part of this effort and issue a Proclamation declaring April 2014 as Fair Housing Month. Your leadership in this effort is vital because during Fair Housing Month we strive to emphasize the rich cultural diversity of our citizens. To that end, we are enclosing sample wording for the Proclamation. The Proclamation will be mentioned in our literature and press releases regarding Fair Housing Month. We hope the Town of Tiburon will participate have any questions, please do not hesitate to aames @fairhousingmarin.com. Sincerely, z iiam"I -ZiirJ Adriana Ames Education Director Enclosure in this effort to support equitable housing for all. If you contact me at (415) 457 -5025 x108 or via email to TDD: CALIFORNIA RELAY SERVICE FOR THE HEARING OR SPEECH IMPAIRED: (800) 735 -2922 SE HABLA ESPANOL- NEU CAN GIUP DO BANG TING VIET NAM XIN LIEN LAC SO: (415) 491 -9677 MEMBER, NATIONAL FAIR HOUSING ALLIANCE (SAMPLE) FAIR HOUSING PROCLAMATION WHEREAS, the principle of fair housing is not only state and national law and policy, but a fundamental human concept and entitlement for all citizens; and WHEREAS, discrimination based on race, national origin, gender, disability, familial status (exclusion of minor children), religion, marital status, and sexual orientation is illegal in California; and WHEREAS, as a community we welcome all good neighbors, recognizing the contributions and richness tendered by a wide variety of young and old, male and female, people of all colors and ethnic backgrounds, religious traditions, etc; and WHEREAS, interested parties from both the private and public sectors will participate in a city, state and national effort to promote fair housing; NOW THEREFORE I, City/Town/County of April, Two Thousand and Fourteen to be: , Mayor /Supervisor of the do hereby proclaim the month of FAIR HOUSING MONTH in the City/Town/County of and urge all residents of our community to personally adopt the spirit of equal housing opportunity and adhere to the letter and character of the Fair Housing Laws. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City/Town/County of to be affixed this day of April, Two Thousand and Fourteen. To: From: Subject: Reviewed By: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Town Attorney's Office Town Council Meeting April 2, 2014 Agenda Item: CC- S Recommendation to Approve and Authorize the Mayor to Execute the Fifth Amendment to Town Manager's Employment Agreement BACKGROUND AND SUMMARY On February 5, 2014 and March 5, 2014, the Town Council met in closed session to conduct an evaluation of Town Manager Peggy Curran. The Council praised Ms. Curran's outstanding dedication and service to the Town. Accordingly, before the Council is a proposed contract amendment that would provide a two percent salary increase and a one -time payment of $7,500, as incentive to continue in the Town's employ. FINANCIAL IMPACT The proposed contract amendment will result in $9,805.83 in additional costs to the Town's Administrative Services Department during the current fiscal year. The Town's adopted budget can accommodate this expense. RECOMMENDATION The recommendation is that the Town Council: Approve, and authorize the Mayor to execute, the attached amendment to the Town Manager's Employment Agreement. Exhibits: Fifth Amendment to Employment Contract Prepared By: Ann R. Danforth, Town Attorney FIFTH AMENDMENT TO TOWN MANAGER'S EMPLOYMENT AGREEMENT This AMENDMENT TO THE TOWN MANAGER'S EMPLOYMENT AGREEMENT ("Amendment ") by and between The Town of Tiburon ( "Town ") and Margaret A. Curran ( "Employee ") is effective as of January 1, 2014. RECITALS 1. The Town employs Employee as its Town Manager, pursuant to an Employment Agreement effective October 2, 2006 ("Manager's Agreement "). 2. The Town Council has conducted its annual performance evaluation of Employee as set forth in the Manager's Agreement and is well satisfied with Employee's performance. The Council finds that the Employee has demonstrated management and leadership skills that compare favorably to persons holding similar positions in similar agencies. 3. The Town's policy is to offer compensation packages that are competitive with similar employers for similar positions so as to maintain the highest quality staff to serve the public. To continue to maintain a competitive compensation package for Employee so as to retain Employee as Town Manager, the Council has decided to modify the Manager's Agreement and compensation as set forth in this Amendment and Employee has agreed to such modification. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AMENDMENT, IT IS AGREED AS FOLLOWS: Base Salary. Section 4.1 of the Manager's Agreement shall be amended as follows: Employee shall receive a base salary of Two Hundred Nine Thousand Five Hundred Fifty-Six dollars ($209,556) per year. Employee is required to pay 100% of the employee share for her participation in the PERS retirement system. This salary shall be retroactive to January 1, 2014. 2. One -Time Retention Allowance. Section 4.8 is hereby amended to read as follows: To retain Employee and reward her service during the past performance evaluation period and demonstrated skill level, Employee is granted a one- time cash allowance of Seven Thousand Five Hundred dollars ($7,500) which shall be paid directly to Employee or directed to her 457 Deferred Compensation Account at her discretion. The Town shall pay this allowance within 15 days of this Amendment. The Council shall not be obliged to grant similar allowances in the future. However, in conjunction with future performance evaluations, the Town Council may, in its sole discretion, consider whether Employee's demonstrated skill level and the compensation practices of similar employers for similar positions warrants payment of a future retention allowance or allowances. 3. Except as expressly modified by this Amendment, The Manager's Agreement between the Town and Employee shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment to the Manager's Agreement shall be effective as of the day and year written above. Dated: THE TOWN OF TIBURON By: Alice Fredericks Mayor, Town of Tiburon EMPLOYEE By: Margaret A. Curran Town Manager, Town of Tiburon APPROVED AS TO FORM By: Ann R. Danforth Town Attorney, Town of Tiburon