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Home My WebLink AboutTC Digest 2016-07-29TOWN COUNCIL WEEKLY DIGEST July 25-29, 2016 TIBURON Correspondence, Notices and other Information 1. Grand Jury Response — July 21— Web Transparency Report Card 2. Grand Jury Response — July 21— Police Firearm Security Agenda, Minutes 1. Agenda — August 4 — Tiburon Design Review Board Regular Meeting REGIONAL, NOTICES AND AGENDA Correspondence, Notices and other Information Agenda, Minutes 1. Agenda — August 3 — Marin County Hazardous & Solid Waste Management Joint Powers Authority RESPONSE TO GRAND JURY REPORT FORM Town of Tiburon Report Title: Web Transparency Report Card Report Date: March 10, 2016 Public Release: March 17, 2016 Response By: Greg Chanis FINDINGS • We agree with the findings numbered: F1 -F5 • We disagree wholly or partially with the findings numbered: None RECOMMENDATIONS • Recommendations numbered R1, R3, R4 have been implemented. • Recommendations numbered R2, R5 will not be implemented because they are not warranted or are not reasonable. Date: Number of Pages Attached: 3 Signed: GRE CHANIS, TOWN MANAGER Town of -Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 E 415.435.2438 • www.townoftiburon.org Office of the Town Manager / 415.435.7388 July 21, 2016 The Honorable Kelly V. Simmons Judge of the Marin County Superior Court Post Office Box 4988 San Rafael, CA 94913-4988 Mr. John Mann, Foreperson Marin County Grand Jury 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 Re: Response to Grand Jury Report Marin Web Transparency Report Card Dear Honorable Judge Simmons and Mr. Mann: This letter explains in detail the Town of Tiburon's response to the Grand Jury Report dated March 17, 2016. The Report directs the Town to respond to Findings Nos. 1-5 and Recommendations Nos. 1-5. The Findings involve conclusions of fact that the Town has little or no independent basis to evaluate. In responding to these Findings, the Town assumes that the information in the Report is correct and relies on that information. FINDINGS Finding 1: As of January 4, 2016, 27 Marin local agencies lacked public websites (and of the 99 agencies that have websites, 65 did not satisfy the Grand Jury's web transparency criteria as of that date). Town's Response to Finding 1: The Town agrees with this finding. Finding 2: Inspecting the Marin County Clerk's "Roster of Public Agencies," the Grand Jury discovered a majority of local agencies out of compliance per California Government Code §53051 (no filings or outdatedf lings). Town's Response to Finding 2: The Town agrees with this finding. Finding 3: Effective January 1, 2015, Assembly Bill (AB) 2040 requires that if a public agency "maintains as Internet Web site, it shall post, in a conspicuous Erin Tollini Mayor Jim Fraser Vice Mayor Frank X. Doyle Councilmember Alice Fredericks Councilmember Emmett O'Donnell Councilmember Greg Chanis Town Manager Page 2 of 3 location on its Internet Web site, information on the annual compensation of its elected officials, officers, and employees that is submitted to the Controller under §53891." The Grand Jury discovered a majority of the agencies were out of compliance (and potentially at -risk for fines and/or audit), per California Government Code sections 53895, 53895.7 and 53896). Town's Response to Finding 3: The Town agrees with this finding. Finding 4: The County of Marin does not currently publish a definitive list of all its dependent special districts and JPAs. Town's Response to Finding 4: The Town agrees with this finding. Finding 5: Marin County's "Roster of Public Agencies" is available for viewing only as hard copy at the office of the Marin County Clerk. Town's Response to Finding 5: The Town agrees with this finding. RECOMMENDATIONS Recommendation 1: The agency should improve its web transparency score to "B-" (or better), by updating its website and submitting the appropriate self audit form. The form may be obtained by emailing: grandjury- audit@marincounoi.org. Recommendation 2: The agency should file and keep updated its Statement of Facts with the California Secretary of State and the Marin County Clerk as required by California Code §53051. Recommendation 3: The agency should update its website to include information of the annual compensation of its elected officials, officers and employees; and this information should also be submitted to the Controller, as required by Sections 12463 and 53909 of the California Government Code. Page 3 of 3 Recommendation 4: The Marin County Board of Supervisors should create a comprehensive online "digital directory" with links to all County ofMarin's dependent special districts and JPAs. Recommendation 5: To further improve web transparency, the County Clerk of Marin County should allow public remote Internet access to its "Roster of Public Agencies." Town's Response to Recommendations: Recommendation 1: The Town has implemented this recommendation. Recommendation 2: The Town will not be implementing this recommendation because California Government Code section 53050 exempts the Town from following section 53051. Recommendation 3: The Town has implemented this recommendation. Recommendation 4: The Town has implemented this recommendation. Recommendation 5: The Town has no ability to require the County Clerk of Marin County to take any action and require public remote access to the County's "Roster of Public Agencies." The Tiburon Town Council reviewed and approved this response on July 20, 2016, at a duly noticed and agendized public meeting. If you have further questions on this matter, please do not hesitate to call. Very 4 uly, y GING CHANIS Twn Manager cc: Town Council Town Attorney RESPONSE TO GRAND JURY REPORT FORM Town of Tiburon Report Title: Police Firearm Security Report Date: April 21, 2016 Public Release: April 28, 2016 Response By: Greg Chanis FINDINGS • We agree with the findings numbered: F1, F2, F6, F7, and F8 • We disagree wholly or partially with the findings numbered: F3, F4, and F5 RECOMMENDATIONS • Recommendations numbered R1 -R5 have been implemented. • Recommendations numbered will not be implemented because they are not warranted or are not reasonable. Date: 7A2 Number of Pages Attached: 4 Signed: GRE'CHANIS, TOWN MANAGER Town of -Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 E 415.435.2438 • www.townoftiburon.org Office of the Town Manager / 415.435.7388 July 21, 2016 The Honorable Kelly V. Simmons Judge of the Marin County Superior Court Post Office Box 4988 San Rafael, CA 94913-4988 Mr. John Mann, Foreperson Marin County Grand Jury 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 Re: Response to Grand Jury Report April 21, 2016 Police Firearm Security Dear Honorable Judge Simmons and Mr. Mann: This letter explains in detail the Town of Tiburon's response to the Grand Jury Report dated April 21, 2016. The Report directs the Town to respond to Findings Nos. 1-8 and Recommendations Nos. 1-5. The Findings involve conclusions of fact that the Town has little or no independent basis to evaluate. In responding to these Findings, the Town assumes that the information in the Report is correct and relies on that information. FINDINGS Finding 1: Firearms left in unattended vehicles are vulnerable to theft and, if stolen, are in the hands of criminals. Town's Response to Finding 1: The Town agrees with the finding. Any item of value left unattended in a vehicle is vulnerable to theft. Once that item is stolen, the person who stole it is by definition a criminal. Finding 2: Firearms belonging to Marin County peace officers have been stolen from their vehicles, although the incidence is low. Town's Response to Finding 2: The Town agrees with this finding. While the Town does not have any independent knowledge about the rate of firearms being stolen from other jurisdictions, it is presumed that the rate is low. Erin Tollini Mayor Jim Fraser Vice Mayor Frank X. Doyle Councilmember Alice Fredericks Councilmember Emmett O'Donnell Councilmember Greg Chanis Town Manager Page 2 of 4 Finding 3: There is currently no public tracking of lost or stolen firearms from Marin County peace officers, making the number offirearms missing difficult to determine. Town's Response to Finding 3: The Town disagrees with this finding. Stolen firearms are tracked in the Federal Automated Firearms System, which is accessible to law enforcement agencies. Finding 4: With the exception the Fairfax Police Department, Marin County Police Departments and the Sheriff's Office have not amended or updated their policies in response to high profile reports of law enforcement guns being stolen from vehicles. Town's Response to Finding 4: The Town disagrees with this finding. The Town amended its firearm policy to require that all officers adequately secure unattended firearms in any vehicle. Finding 5: Most Marin County Police and Sheriff's Departments do not have a clear-cut policy and/or procedure specifying how firearms are to be secured if left in an unattended vehicle. Town's Response to Finding 5: The Town disagrees with this finding. The Town does have a clear-cut procedure specifying how firearms are to be secured if left in an unattended vehicle. Each officer is required to secure any firearm in a gun vault secured to the vehicle. However, the Town is not in a position to comment on other public entities policies. Finding 6: Neither the general topic of firearm security nor a specific letter from the SF Chief has been discussed at Marin County Police Chief's Association meetings. The view commonly expressed by the law enforcement executives is that it is a "common sense" responsibility and understood as such by deputies and officers. Town's Response to Finding 6: The Town agrees with this finding. However, the Marin County Police Chief's Association did discuss this matter at their May 2016 meeting. Page 3 of 4 Finding 7: Concern for public safety has led to proposed State and some recent local legislation (in San Francisco and Oakland) requiring that firearms be secured in all unattended vehicles. Town's Response to Finding 7: The Town agrees with this finding. Finding 8: Specifically designed lock boxes are readily available for safely securing firearms inside a vehicle, should a gun and vehicle need to be left unattended. Town's Response to Finding 8: The Town agrees with this finding. RECOMMENDATIONS Recommendation 1: Marin County Sheriff's Office and Police Departments should track and record all firearms that have been lost or stolen from law enforcement and personal vehicles. Recommendation 2: Marin County Sheriff's Office and Police Departments should make public the number and circumstances of all firearms that have been lost or stolen from law enforcement and personal vehicles. Recommendation 3: Marin County Sheriff's Office and Police Departments should update their policies and procedures regarding firearm security, particularly with regard to firearms left in unattended vehicles (departmental and personal) and if a firearm is left in a vehicle, how it is to be secured. Recommendation 4: The Marin County Sheriff and all Police Chiefs should discuss the issue of firearm security including storage, tracking and reporting of lost or stolen firearms at Marin County Police Chief Association meetings and make a recommendation as to whether there should be a standard county policy for leaving a law enforcement firearm in a vehicle. Recommendation 5: Marin County Sheriff's Office and Police Departments should install lock boxes in all department vehicles and require that in the event it is necessary to leave a firearm in a vehicle, the firearm be secured in the lock box. Page 4 of 4 Town's Response to Recommendations: Recommendation 1: The Town has implemented this recommendation. This recommendation has always been the practice of the Town. Recommendation 2: The Town has implemented this recommendation. Town Police Officers are required to report any lost department owned weapons and such instances are made public. The Town has no records indicating that any firearm has been stolen from the Town, so there is no data to make public. To the extent this recommendation seeks disclosure of officers who have had their privately -owned weapons stolen, that information is protected by crime victim privacy laws. Recommendation 3: The Town has implemented this recommendation. As referenced above, the Town updated its policy to require officers to secure any firearm in a gun vault secured to the vehicle. Recommendation 4: The Town has implemented this recommendation. The issue of firearm security was discussed at the May 2016 Marin County Police Chiefs Association meeting. At the meeting, it was decided that the issue of setting a policy should be done by the Chief of each department. Recommendation 5: The Town has implemented this recommendation. The Tiburon Town Council reviewed and approved this response on July 20, 2016, at a duly noticed and agendized public meeting. If you have further questions on this matter, please do not hesitate to call. Very tgtilyyours, GREG CHANIS To n Manager cc: Town Council Town Attorney TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA TIBURON DESIGN REVIEW BOARD Regular Meeting Design Review Board August 4, 2016 7:00 P.M. CALL TO ORDER AND ROLL CALL Chair Kricensky, Vice Chair Emberson, Boardmembers Chong, Cousins and Tollini ORAL COMMUNICATIONS Persons wishing to address the Design Review Board on any subject not on the agenda may do so under this portion of the agenda. Please note that the Design Review Board is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Design Review Board agenda. Please limit your comments to no more than three (3) minutes. Any communications regarding an item not on the agenda will not be considered part of the administrative record for that item. STAFF BRIEFING (if anv) OLD BUSINESS 1. 65 HARRIET WAY: File No. DR2016032; J.R. Begg, Owner; Site Plan and Architectural Review for construction of additions to an existing single-family dwelling. The floor area of the proposed house would be 2,181 square feet and the house would cover 2,650 square feet (29.2%) of the site. Assessor's Parcel No. 034-212-12. [KO] NEW BUSINESS 2. 2051 VISTAZO EAST STREET: File No. DR2016046; David Godfrey, Owner; Site Plan and Architectural Review for construction of additions to an existing single-family dwelling. The project would add a one-story wing to the upper level of the existing house, including a family room, guest bedroom, office, bathroom and powder room. The floor area of the house would be increased by 1,190 square feet to a total of 4,412 square feet and the lot coverage would be increased by 1,310 square feet to a total of 3,913 square feet (9.1%). Assessor's Parcel No. 059-082-26. [DW] 3. 8 APOLLO ROAD: File Nos. DR2016080 & VAR2016021; Cedric Barringer, Owner; Site Plan and Architectural Review for construction of additions to an existing single- family dwelling, with a Variance for excess lot coverage. The floor area and the lot coverage of the house would be increased by 726 square feet for a lot coverage of 35.3%, which is greater than the 30.0% maximum lot coverage allowed in the R-1 zone. Assessor's Parcel No. 038-301-14. [DW] CONTINUED TO AUGUST 18, 2016 Design Review Board Agenda August 4, 2016 Page 1 MINUTES 4. Regular Meeting of July 21, 2016 ADJOURNMENT Design Review Board Agenda August 4, 2016 Page 2 MARIN COUNTY HAZARDOUS & SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY AB 939 LOCAL TASK FORCE Wednesday, August 3, 2016 1600 Los Gamos, Suite 211 San Rafael, CA 8:30 — 10:00 AM AGENDA DIGEST i2/A -( Call to Order. 1) Open Time for Public Comment 2) Approval of the March 2, 2016 JPA Local Task Force Minutes (Action) 3) Program Updates (Information) • Overview • Focused: i) School Zero Waste Programs. ii) Zero Waste Grants. iii) Household Hazardous Waste Programs (HHW, bulb & battery, used oil, marine flares). 4) Local Task Force Subcommittees (Information) 5) Open Time for Member Comments (Information) The full agenda including staff reports can be viewed at: http://zerowastemarin.org/Agenda F.•l WasfelJPA1LTFIAGENDA! 16-07-06.doc --E, IR III IIIIW III MEM IN ■i■ All public meetings and events sponsored or conducted by the County of Marin are held in accessible sites. Requests for accommodations may be requested by calling (415) 473-4381 (voice) (415) 473-3232 (TTY) at least four work days in advance of the event. Copies of documents are available in alternative formats, upon written request. Contact the County's Waste Management Division, at 473-6647 for more information 03 August 2016 LTF Page 1