HomeMy WebLinkAboutTC Agd Pkt 2005-04-06
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TOWN OF TIBURON
Town Council Chambers
1505 Tiburon Boulevard
Tiburon, CA 94920
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April 6, 2005 '
6:00 P.M. - Closed Session
7:00 P.M. - Interviews
7:30 P.M. - Regular Meeting
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 I-:Iall. 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). ,
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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.
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Agenda - Town Council Meeting
April 6, 2005
Page 2 of 4
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AGENDA
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL
(Section 54956.9(c))
Initiation of Litigation - (Two Cases)
INTERVIEWS
. 7:00 p.m. - Chris Morrison, 112 Main Street (Heritage & Arts Commission)
. 7:10 p.m. - Elizabeth Schmidt, 32 Sutter Court (Heritage & Arts Commission)
. 7:20 p.m. - Matthew Richter, 23 Apollo Road (Design Review Board)
CALL TO ORDER AND ROLL CALL
Couhcilmember Fredericks, Councilmember Gram, Councilmember Slavitz, Vice Mayor Smith, Mayor Berger
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject not on the agenda may do so now.
Please note however, that the Town Council is not able to undertake. extended discussion.oLaction
tonight on items not on the agenda. Matters requiring action will be referred to the appropriate
Commission, Board, Committee or staff for consideration and/or placed on a future Town Council
meeting agenda. Please limit your comments to no more than three (3) minutes.
APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES
. Heritage & Arts Commission - (Two Vacancies)
. Design Review Board - (One Vacancy)
PRESENTATION
Presentation by Captain Dave Hutton of the Tiburon Police Department Annual Report
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Agenda - Town Council Meeting
April 6, 2005
Page 3 of 4
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 public, staff or Town Council that an item be transferred to the
Regular Agenda for separate discussion and consideration. Likewise, any item on the Regular
Agenda may be moved to the Consent Calendar. If you would like to speak on any of these items
on the Consent Calendar below, please do so now.
1. Approval of Town Council Minutes - March 16, 2005
2. Approval of Town Council Minutes - March 30, 2005
3. Recommendation by Director of Administrative Services - Adopt Information Technology
Strategic Plan
4. Recommendation by Town Manager - Funding for Law Enforcement for "Friday Nights on Main"
5. Request by Marin Telecommunications Agency - Direct Comcast to Restore FM Radio Service to
Cable TV subscribers
a) A Resolution of the Town Council of the Town of Tiburon
Urging Comcast Cable to Restore FM Service to its
Subscribers in Marin County
6. Recommendation by Chief of Police - Accept Annual Report of Tiburon Police Department
REGULAR AGENDA
,,- , -_Z. ,..., Recommendation by Town Manager- Adoption _of MeritJ?cw_PrQgram_
8. Recommendation by Director of Administrative Services - Adoption of Personnel Rules and
Regulations
a) A Resolution of the Town Council of the Town of Tiburon
Repealing Existing and Adopting New Procedures for the
Administration of Employer-Employee Relations
PUBLIC HEARING
9. Recommendation by Town Engineer/Director of Public Works - Consider Adoption of New and
Increased Street Impact Fees
a) Resolution of the Town Council of the Town of Tiburon
Adopting a Refuse Vehicle Impact Fee to provide for
Residential Street Repairs related to Damages caused
By Residential Refuse Vehicles
b) Resolution of the Town Council of the Town of Tiburon
Making Certain Findings regarding Collection of Fees
For Street Impact Fee Purposes
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Agenda - Town Council Meeting
April 6, 2005
Page 4 of 4
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WRITTEN COMMUNICATIONS
Town Council Weekly Digest - March 18, 2005
Town Council Weekly Digest - March 25,2005
Town Council Weekly Digest - April 1 ,2005
ADJOURNMENT - In memory of Martin Mackey, former Executive Director, Ecumenical Association for
Housing
AGENDA ITEMS - Note: These items are tentative until they aDDear on the final agenda
. Third Quarter FY04-05 Financial Reports - (April 20)
. Approval of Countywide Services JPA - (April 20)
. Lyford Cove Undergrounding Assessment District - Approve Plans & Specifications - (April 20)
. 2004-05 Street Rehabilitation Program - Approve Plans & Specifications - (April 20)
. Award of Contract for Installation of Solar Panels at Town Hall- (April 20)
. Funding Agreement for Downtown Plaza Fountain - (April 20)
. Tiburon Glen Precise Development Plan
. Award of Contract for Trestle Glen Bike & Pedestrian Path
. Drainage Improvements - Notice of Completion
. Lyford Cove Undergrounding Project Bid Award of Contract - (May 18)
. Del Mar Valley Undergrounding Assessment District Public Hearing & ballot tabulation - (May 18)
. Annual Heritage Preservation Award - (May 18)
,,__~___Ff fitQ_12-q6.M.~njgil?~L~~_c:lg~JPublicl:1_~~ril1g_--:(June _1)
. FY 2005-06 Budget Adoption - (June 15)
. Tiburon Hosts MCCMC - (June 22)
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Diane Crane lacopi
TOWN CLERK
TOWN-GF-TlBl;.IR0N--
From: Frank Mulberg [fmulberg@yahoo.com]
Sent: Sunday, April 03, 2005 1 :25 PM
To: Mayor, Miles Berger; Vice Mayor, Paul Smith; Councilmember Tom Gram; Councilmember Jeff
Slavitz; askalicenow@usa.net; Diane Crane lacopi
- ,
Cc: David M. Fried; jean & jim Bonander
Subject: 56,66,76,88 Hacienda Reconsideration of Exclusion from Del Mar District-Boundary Redesign
Dear Mr. Mayor and Council Members:
As you may know, the four homeowners at 56,66, 76 and 88 Hacienda Drive have filed a petition
requesting to be excluded from the proposed Del Mar Assessment District.
, At the Town Council Meeting held March 16, 2005 the Council was erroneously advised that, regardless
of the merits of whether these homes should have been included in the project, these homes could not be
excluded from the project at the meeting because to do so would increase finance and bond costs in the
amount of approximately $400,000; thus, the plan needed to be approved that night in its present fonn
This is not the case. The financing and bond costs are unrelated to whether these homes are included in
the final plan. These homes may be excluded without material effect on the project engineering or
financing. The engineers can redesign the boundary line to exclude these properties.
In view of this confusion at the March 16,2005 meeting, we are requesting that the Council place on the
agenda a limited reconsideration of the proposed plan, so that the Council can hear from the affected
homeowners and decide whether to exclude these homes from the District.
As explained in the attached one-page memo, there is no principled reason for including these homes in
the District. These homeowners get no benefit - aesthetic, safety or increased reliability of service --
from the proposed under-grounding plan, but would incur costs of $40,000 or more per parcel, or
$125,000 over 30 years. The above ground wiring for electrical, telephone and cable will be still with
,us even after the creation of the district. Inclusion is a disincentive for future under grounding of Lower
Hacienda.
The exclusion would not adversely affect the project: the project engineers already have prepared a
revised plan to exclude these homes. There is, and was, a plan in hand by the engineers on March 16,
2005 to exclude these homes.
Cordially,
TOWN COUNCIL ____.-.-....~O\..
LATEMAILlAJ!A- .
MEETING DATE 1--10 -())
04/04/2005
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MEMORANDUM
To: Tiburon Town Council
Date: April 3, 2005
Re: Lower Hacienda Dr. v. Del Mar Assessment District
The four homeowners at 56, 66, 76 and 88 Hacienda Drive have filed a petition to be excluded from
the Proposed Del Mar Assessment District. The reasons for excluding these homes are:
1. These homeowners get no benefit - either in improved aesthetics or in terms of increased
reliability of serVice -~ from the proposed under-grounding plan.
. These homes are located on lower Hacienda Drive between Trestle Glen and Porto Marino.
They receive their utility services from Trestle Glen, which will not be under-grounded.
. Most ofthe homes and all ofthe streets between Trestle Glen and Porto Marino, other than
this small section of lower Hacienda, already have been excluded from the plan. Benton
Court, Warren Court, Tanfield Drive and Acacia Drive, most oflower Hacienda (including
the Convalescent Hospita~ 27 and 35 Hacienda), as well as Trestle Glen are already
excluded from the project:
. These homes will continue to have their electrical supply reliability (including telephone
and cable reliability and safety) determined by above ground services on lower Hacienda,
Trestle Glen and adjoining streets, rather than by the lines to be under-grounded under the
plan.
. Non-PGE utilities (telephone and cable) will continue to be above ground on the existing
poles and wires.
. 'These homes receive no aesthetic benefit from the under-grounding.
2. These homeowners would incur costs of $40,000 or more per parcel (over $125,000 iffmanced)
without receiving any benefit from the project. . ,
3. Lower Hacienda should be included in an under-grounding project when the rest ofthe
neighborhood is included, i.e., Trestle Glen, Benton Court, Warren Court, the Convalescent
Hospital and 27 and 35 Hacienda.
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4. The exclusion of these homes would not affect materially the project.
. The other properties in the District receive their electrical service, telephone and cable
services via Porto Marino, not from the poles on lower Hacienda.
. The engineers already have a plan to exclude these four homes.
. The exclusion ofthese homes will reduce the total project costs.
Indeed, we would add that the assessment formula used in this case punishes these homes by, in
effect, using them to subsidize the costs of under-grounding for 'much larger properties on upper
Hacienda and adjoining streets. The assessment also assumes that the aesthetic benefits for these
downslope homes, who do not now have views obstructed by poles, are equal to upslope homes,
which do in fact overlook the poles and wires. Indeed, not only is this assumption factually false, but
because some of the upslope homes that abut and look over "Hacienda" (including a home on two
acres worth $15 million) have Tanfield addresses, they are excluded from the District and will pay
nothing, but receive all ofthe aesthetic benefits while the downslope Hacienda homes payfo~ it.
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2005 ,_J
NAME:
PERSONAL DATA
Only computer-generated or typewritten copy will be accepted;
Attach separate pages, including resumes and cover letters, if necessary.
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MAILING ADDRESS:
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TELEPHONE: Home: 035 i
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Fax No. -, oU,~
PROPERTY OWNERS' ASSOC. (If applicable) ~/A
TIBURON RESIDENT: (Years) '3 I
DATE SUBMITTED:
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REASONS FOR SELECTING
YOUR AREAS OF INTEREST
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APPLICABLE QUALIFICATIONS.
AND EXPERIENCE
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Date Application Received:
3-2.-oj
Intervievv Date:
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Appointed to:
(Commission, Board or Committee)
, (Date~
Date llerm Expires:
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Length of llerm:
S:dcrane:comm.app (12/01)
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PERSONAL DATA
Only computer-generated or typewritten copy will be accepted;
Attach separate pages, including resumes and cover letters, if necessary.
NAME:
, k ~ (Elizabeth A. Schmidt)
E_i0a~otu ~. Ceflffiiat
MAILING ADDRESS: '
32 Sutter Court
TELEPHONE: Home: 435-0487 Work:
Fax No. 435-0487
PROPERTY OWNERS' ASSOC. (If applicable) Reed Heights/Tib. Knolls
TIBURON RESIDENT: (Years) 37
DATE SUBMITTED: March 23, 2005
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REASONS FOR SELECTING
YOUR AREAS OF INTEREST
T w;::u:;invitpn tn cmnmir ;::on;::orrli,..~t-ir"\n -For the Merits']Q sJ;ld
Arts Commission. Both areas on this Commission r:lrp nf grpr:lt
i ntprpst tn mp
APPLICABLE QUALIFICA nONS
AND EXPERIENCE
Town Hall Use ---
Date Application Received: ,)" ),9- d \-
Interview Date:
Appointed to:
(Commission, Board or Committee)
(Date)
Date Term Expires:
Length of Term:
S:dcrane:comm.app (12/01)
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1m MAR 1 0 2005 /!})
10WN CLERK
IQWN OF TIBURON
Instructions and Application to Serve on a Town Board~
Commission or Committee
The Town Council considers appointments to various Town boards,
commissions and committees throughout the year due to term expirations' and
unforeseen vacancies. In an effort to broaden participation by local residents in
Tiburon's governmental process and activities, the Council needs to know your
interest in serving, the Town in some capacity.
Please indicate your specific areas ofinterest and special skills or experience
which would be beneficial to the Town, by completing both pages of this form and
returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to
(415)435-2438.
Copies of the application will be forwarded to the Town Council and an
informal interview will be scheduled when a vacancy occurs. Your application will
remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
Diane Crane Iacopi
Town Clerk
* * * * * ** * * * * * * * * * * * * *** * * * * ** ** * * * * ** ** * * ** * * * **
AREAS OF INTEREST
Please Indicate Your Area(s) oflnterest in Numerical Order
(#1 Being the Greatest Interest)
~PLANNING # PARKS & OPEN SPACE
~DESIGN REVIEW # RECREATION
# HERITAGE & ARTS # DISASTER PREPAREDNESS
# LIBRARY # MARIN COMMISSION ON AGING
# BICYCLE/PEDESTRIAN ADVISORY COMMITTEE
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PERSONAL DATA
Only computer-generated or typewritten copy will be accepted;
Attach separate pages, including resumes and cover letters, if necessary.
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NAME:
Matthew Klchter
MAILING ADDRESS:
L j Apollo Rd.
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TELEPHONE: Home:
W k 613-4734
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PROPERTY OWNERS' ASSOC. (If applicable) <Enter Here>
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TIBURON RESIDENT: (Years) ,
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DATE SUBMITTED: 3/6/05
REASONS FOR SELECTING
YOUR AREAS OF INTEREST
I am interested in providing community service relating to my career in
Architecture and Planning.
APPLICABLE QUALIFICATIONS
AND EXPERIENCE
See attached
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mJ MAR 1 0 2005 IJ))
"[OWN CLERK
TOWN OF TIBURON
----------..:----------------------------------- Town Hall Use -------------------------------------------------
Date Application Received:
1b~{Or-, 0 ~
Interview Date:
L/--~,. 85
Appointed to:
(Commission, Board or Committee)
(Date)
Date Term Expires:
Length of Term:
2
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APPLICABLE QUALIFICATIONS
AND EXPERIENCE
Occupation Architect
. Registered Architect in CA since 1896.
. Principal with the SmithGroup a 1,600 person National Practice Firm with a 130
person office in SF. 1999-present
. Previously with Anshen + Allen Architects (4years) and The Stichler Design
Group (14 years)
. Healthcare Architect, Planner/Designer, 21 years experience in design and
construction of many building types commercial, institutional,healthcare,
educational, hospitality, retail, residential.
. MSR Design, sole proprietor, residential and small projects 1996-present.
Affiliations:
AlA, American Institute of Architects
, ACHA, American Academy of Healthcare Architecture
AIA, Committee for Health
AIA Awards Arizona Chapter, Juror
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TOWN CLERK
TOWN OF TIBURON
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TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Berger ca!!ed'thespeCialmeetin of the Tiburon Town Council to order at 7:30 p.m.
on WednesdaYfMarch 16,2005, in To n Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California. "'-_____-,
ROLL CALL
PRESENT: COUNCILMEMBERS:
Berger, Smith, Fredericks, Gram, and Slavitz
ABSENT: COUNCILMEMBERS:
None
PRESENT: EX OFFICIO:
Town Manager McIntyre, Town Attorney Danforth,
Director of Community Development Anderson,
Director of Public Works/Town Engineer Echols,
Chief of Police Odetto, Director of Administrative
Services Bigal, Meeting Recorder Creekmore
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY
Mayor Berger said no actions were taken in closes session.
ORAL COMMUNICATIONS
There were none.
CONSENT CALENDAR
1. Approval of Town Council Minutes - March 2, 2005
2. Recommendation by Director of Administrative Services - Accept Monthly
Investment Summary for February 2005
MOTION:
Moved:
Vote:
To approved Consent Calendar Items 1 and 2, above.
Gram, seconded by Berger
Unanimous
REGULAR AGENDA
3. Request by Tiburon Peninsula Chamber of Commerce - Proposed "Friday Nights on
Main" Program for 2005
Town Council Minutes #
March 16, 2005
Page 1
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Town Manager McIntyre gave a brief report of the Chamber of Commerce's request to extend the
2005 program to consist of 22 consecutive Friday nights during the months of May through
September. He invited Mr. Angelo Servino to speak on behalf of the Chamber of Commerce's
request to extend the program.
Angelo Servino, President of the Chamber of Commerce, reported on the success of the "Friday
Nights on Main" program in 2004. He said that the community welcomed and accepted the
program and he requested that the Town Council approve the proposal to extend the program to
22.consecutive Friday nights for 2005.
Steve Sears, owner of Sam's Cafe and Event and Committee Chair for the Chamber of
Commerce, noted the program's success in the past year and gave an overview of the Chamber of
Commerce's proposal to extend the 2005 program. He described the proposal as a request to
close Main Street for food and beverage service as well as for musical performances and
entertainment. He said that he has received requests from both the Fire Department and Reed
Union School district about incorporating some of their events, such as the Fireman's Ball, into
the "Friday Nights on Main" program. He said that the Chamber has been working with the
merchants on Ark Row to include them into the event and bring greater visibility of their services
to the community. He said that the program will be successful despite the apprehension of Town
Staff and the estimated cost of $700 per night for police service should be paid by the Town. He
noted that Tiburon's economic vitality has suffered over the past few years and the "Friday Nights
on Main" program is a "step in the right direction" to revitalize its economy.
Mary Catherine Bach, co-chair of the "Friday Nights on Main" program said that she believes
that the continuity of a 22-week program will bring the event into the community's consciousness
and revitalize the life of downtown Tiburon. She noted that the Main Street business owners
have "put up" capital for the event and that an overwhelming amount of support has been
demonstrated by both business and property owners.
'Connie Wiley, former mayor for the town of Belvedere and co-chair of the Friday Nights on
Main program said that she was initially concerned with the proposed duration ofthe 2005
program but that she has since changed her mind due to the overwhelming support by busin~ss
owners, property owners, and the community. She believes that the program will be a
tremendous success and noted that most of Marin County's eleven cities have some form of
entertainment for their community.
Councilmember Slavitz asked the Chamber of Commerce how Ark Row will be addressed and
how traffic on Corinthian Island will be impacted. Mr. Sears replied that a Corinthian Island
resident informed him that traffic was not a problem during the event. He added that the
Chamber has been working with Laleh Zelinsky to incorporate Ark Row merchants into the
program.
Town Council Minutes #
March 16, 2005
Page 2
Councilmember Fredericks said that she contacted some of the towns listed in the Chamber's
brochure. She questioned how the program will entice businesses to work with other businesses
in Tiburon. Mr. Sears said that it partly depends on what merchants have to sell and how they
manage their businesses.' He believes that the closing of Main Street is good for everyone's
business because it gets people used to coming into downtown. He added that merchants net:d to
begin thinking long-term about their business goals.
CouncilmemberGram asked Staffwhen construction on the fountain project will begin, its
expected duration, and if it will conflict with the "Friday Nights on Main" event. Town
Engineer/Director of Public Works Echols replied that plates and fencing could be placed around
the project but that there would be several weeks where access around the project site would be
restricted.
Mayor Berger said that he does not believe that there will be any conflict with the fountain
project because it wiltnot begin until the end of sUmmer and that any potential overlap would be
towards the end of the program.
Councilmember Gram asked Staff to speak to the difference in costs between Belvedere and
Tiburon police enforcement. Police Chief Odetto replied that the difference is due to the cost
recovery rate.
Mayor Berger opened the public hearing.
Richard Pearce, Tiburon Fire Department Chief, spoke in support of the proposed program and
said that the Fire Department was completely satisfied with last year's program in terms of access
and that there had been no emergency responses as a result of the event.
The public comment period was closed.
Councilmember Fredericks said that the program is a terrific community event and that she
understands that the event needs to be held a certain number of times in order to be cost effective,
but encouraged the program's committee to discuss the program duration a little more. She said
that the committee should take into consideration that the cost to the Town is not only the hard
cost of $14,000 for providing police enforcement, but that there is also the cost of giving a free
lease of a public thoroughfare to the Town's restaurants. She added that she supports the concept
of the event and that while it may attract people, it may also deter others that are looking for a
"quiet evening". She added that there are risks such as weather and conflicts with the.
construction ofthe fountain project that may put the event's reliability at risk. She suggested that
the event not overlap with any scheduled construction. She further suggested that the committee
consider a slower expansion ofthe event. She thinks that doubling the number of nights might
be a good starting place for expansion.
Town Council Minutes #
March 16, 2005
Page 3
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Vice Mayor Smith agreed that the event has been very successful and enjoyable for the
community, yet he expressed concerns of a potential overlap with construction of the fountain
project and possible weather conflicts. He agreed that a 22 nights is too many and suggested that
the event be expanded to 12 nights. He said that the Town should cap the amount of police costs
that they are willing to spend on the event.
Councilmember Slavitz said that he enjoys the event and attended it regularly in 2004 but agreed
that 22 nights is too many. He said that merchants should share the cost of police enforcement.
He commented that the Town needs more fun, community events and liked the idea of a "local
talents event" to get the children of the community involved and supports the overall idea of the
program.
Councilmember Gram said thathe supports the idea of the program as proposed and that he
thinks the Chamber of Commerce has done a goodjob with the event.
Mayor Berger said that some of the logistics of traffic and pedestrian flow should be worked out.
He also expressed concern over the number of days proposed in the 2005 program but agreed
with Councilmember Gram's comments that the program will be successful and endorsed the
Chamber's propo'sal.
The Council discussed some funding concerns regarding police enforcement and agreed that they
'will return to work out a clear view of what amount the Town will contribute.
MOTION:
To approve the proposed expansion with the proviso that funding for police
services will be worked out at a later date.
Fredericks, seconded by Slavitz
Unanimous
Moved:
VOTE:
4. Recommendation by Town Engbieer/Director of Public Works - Del Mar Valley
Utility Proposed Undergrounding Assessment District
a) Resolution Adopting Preliminary Engineers Report & Action Related Thereto
Town Engineer/Director of Public Works Echols presented the Staff Report and said that Joan
Cox, Harris and Associates, would provide details regarding the Engineer's Report and
assessment methodology. He said that the proposed district contains 221 parcels and is estimated
to have a total cost of $4.7 million. He informed the Council that two informational meetings
where held at Town Hall on January 25 and March 7 of this year and based on feedback received
at those meetings, minor revisions to the assessment distribution were considered by the
, assessment engineers. He concluded by giving an overview of the assessment process.
Town Council Minutes #
March J 6, 2005
Page 4
;"I
Mayor Berger asked ifthe elements of the Engineer's Report for the Lyford Cove Utility
, Undergrounding District are essentially the same for the Del Mar district. Town Engineer Echols
confirmed that the elements of both reports are essentially the same.
Del Mar Neighborhood Organizers June Strunk and Hank Broderick gave the Council an
overview of the undergrounding effort to form the undergrounding district b~ginning in March
2003. They presented conceptual photographs of what the pr~posed district might look like
should the utility poles be underground. Mr. Broderick said that the organizers relied on the.
experience of past projects and noted that they have taken great efforts to educate the property
owners of the details of the project. He encouraged the Council to support the project.
Joan Cox, District Engineer (Harris & Associates) described the project. She noted that the Del
Mar Valley project differs from the Lyford Cove project namely in that it has three distinct areas:
Del Mar Valley, West Hawthorne Drive, and Hacienda Drive. She mentioned the difficulties
encountered when approaching the Hacienda Drive area and said that efforts were made to survey
the property owners in that area to assess their concerns. She noted that due to issues with the
adjacent convalescent hospital, the boundary ofthe district was drawn to exclude it.
Ms. Cox said that the overall cost ofthe project is $4.72 million, which does not include private
service connections (a cost to be borne by the individual property owners). The Del Mar Valley
area's construction cost are approximately $2.8 million, West Hawthorne approximately $200
thousand~ and Hacienda Drive approximately $900 thousand. She then described the benefit
assessment methodology and said that each parcel was evaluated to determine its benefit. She
explained how construction costs were assessed to each of the three areas and that costs were
apportioned to each parcel based on aesthetic, safety, and reliability benefit points. The only
exception to how the costs were apportioned are Noche Vista Lane and Geldert Drive because
the overhead lines adjacent to these areas have already been underground. They have been given
'half a point for both service reliability and safety. Some properties on Noche Vista and Geldert
were also given half a point for aesthetic benefits due to the relation of the property to utility
poles.
Vice Mayor Smith asked Ms. Cox to clarify why the assessment costs for Noche Vista Lane and
Geldert Court properties differ from other parcels in the district. Ms. Cox replied that the Noche
Vista Lane parcels are part of the Hacienda Drive system and Geldert Lane is part of that Del
Mar Valley system that construction costs for Hacienda are higher than construction costs for Del
Mar Valley. Ms. Cox also confirmed that no parcels with Tanfield Drive addresses have been
included in the district.
Councilmember Fredericks said that properties owners on Noche Vista Lane expressed to her
that it was important to note that they were a private drive and that their power lines came from
Geldert Drive and Porto Marino. She asked Ms. Cox why this would make any difference in the
number of benefit points. Ms. Cox replied that Noche Vista properties get their power from
Hacienda Drive, not Geldert Drive and Porto Marino. Ms. Cox went on to explain that due to
regulations outlined in Proposition 218, Noche Vista Lane parcels have to be initially included in
Town Council Minutes #
, March 16, 2005
Page 5
'1:>
the assessment district but can be excluded if the Town makes a contribution for their benefit.
She confirmed that they are not an integral part of the utility "grid", but because they receive
safety and reliability benefits, they must be initially included.
Ms. Cox said that the single familyhomeassessment for the Del Mar Valley area properties is
$21,718; West Hawthorne Drive area properties is $12,529; and Hacienda Drive area properties
is $31,147. The difference in assessments costs for each ofthe areas is, due to the vast
differences in construction costs. She said that if Council goes forward with the project and sets
a public hearing date for May 18, ballots will be mailed out by March 30. She said that the yes
and no votes are weighted by the assessment amounts, which means Hacienda Drive votes will
weigh more than votes in the Del Mar and West Hawthorne areas. She said that a majority vote
would be needed to form the district and that'Council wOlJ.ld have the final say.
Ms. Cox said that if the district is approved, a second notice will be sent to property owners in
late May to inform them that the district was passed and that they have 30 days to pay offthe
assessment if they so desire. She said that the goal is to sell the bonds by early July so that the
Town can minimize their financing costs by meeting the August 10 deadline to get on the
property tax roll.
Councilmember Fredericks asked what the extra' financing cost would be if they did not get on
the tax roll. Ms. Cox replied that they would be in the range of $200 -to $400 thousand, which is
approximately an additional $1,000 to $1,500 per parcel.
Councilmember Slavitz asked if the contingency is based on their experience with the Lyford
Cove district and if voting could be performed by "subdistricts". Ms. Cox replied that a revised
report would be required in order for voting to be performed by subdistricts. She further replied
that the 12% contingency was not as high as the 15% contingency for the Lyford Cove district
because this project does not have the same complexities as that project.
Councilmember Fredericks asked if preparing a report that allowed for independent voting
districts would affect the May voting date. Ms. Cox replied that Council could direct the
engineers to amend the report and still meet the May voting date.
Ms. Cox confirmed for Councilmember Slavitz that if they were to raise the contingency amount,
any unspent contingency funds would be refunded to the property owners at the end of the
project.
Mayor Berger opened the public hearing.
Michael Bass, Hacienda Drive, thanked Ms. Cox and Mr. Broderick for their efforts on
organizing the districts and said that the project would benefit Tiburon's open-space. He said that
many of the people on upper Hacienda are in support of the residents' of lower Hacienda request
to withdraw from the district.
Town Council Minutes #
March 16, 2005'
Page 6
Kathleen Bailey, Hawthorne Drive resident, said that she worked on soliciting support for
Hawthorne Drive properties when the project first began and noted that more than 50% of ,
Hawthorne Drive residents are in support of the project. She urged Council to take efforts to
underground all of Tiburon to ensure complete safety, reliability, and aesthetic benefits.
TeiTel Mason, representative for the property owners of 19, 17, 18,20,24,30, and 34 Noche
Vista Lane, stated that those residents feel that they were disenfranchised during the initial
phases ofthe project. He noted Noche Vista Lane's status as a private street and said that
because the utility poles on Noche Vista Lane were previously underground, residents do not feel
that they benefit aesthetically from the proposed project He sited regulations from Proposition
218 to support his argument and added that Noche VistaLane residents feel that they would not
receive safety benefits either. He said that there is a disproportionate recognition of which
properties are receiving benefits and which are note. He requested that if the Council does
include N6che Vista ~ane properties in the assessment that they adjust the assessment so that it
more accurately reflects the benefits that they would be receiving.
Councilmember Fredericks asked what the significance ofNoche Vista Lane being a private
. street has on the district. Mr. Mason replied that his clients' interest in noting that it is a private
street is to point out that the distinction that it is not an extension of Hacienda Drive and
therefore not all of their utilities are connected with the parcels on Hacienda Drive.
Mr. Mason confirmed for Councilmember Slavitz that Noche Vista residents feel that the 1.5
benefit points assigned to their parcels is too much.
Councilmember Gram noted that Geldert Drive and Noche Vista Lane residents are assessed one-
third of the standard assessment. Mr. Mason replied that the assessment should be reduced to
half of the standard assessment.
Mayor Berger said that while the Council is in favor of undergrounding as a principle, they want.
to ensure that it is performed fairly.
John Trent, Tiburon resident, spoke in opposition to the methodology used to assess view
enhancements. H.e said that the methodology did not take into account the vast topographical
differences in the proposed district.
Roy Benvenutti, Hilary Drive, spoke in favor to the district as an overall beautification project
and the whole community will benefit from the undergrounding of utility poles.
A Hacienda Drive resident said that he has been an active supporter ofthe project and that it is
well worth the assessed costs.
Joe Bachelor, Hilary Drive, said that he lives on the "flat" end of Hilary and is in favor of the
project.
Town Council Minutes #
March 16, 2005
Page 7
Mike Hanley, Rowley Circle, said that he recognizes how the project will significantly enhance
the value of everyone's home.
Kevin Mostyn, Noche Vista Lane, spoke in opposition to the, project. He expressed concerns
lover the claim that Tanfield does not receive its power form Hacienda and questioned why
Tanfield has been excluded from the district. He requested that the Hacienda Drive area be split
into two separate areas and stated that the entire process has been unfair and unlawful.
Mike Cooper, District Engineer (Harris & Associates), confirmed for the Council that there is an
existing pole at the comer of Hacienda and Tanfield that will remain. The pole, which in on
Tanfield Drive serves the residents ofTanfield.
Frank Mulberg, Hacienda Drive and representative for 56, 66, 76, and 88 Hacienda Drive, stated
that lower Hacienda derives their power from Trestle Glen and is independent from where upper
Hacienda derives their power. He requested that lower Hacienda be excluded from the district
because they are not getting any service, safety, or aesthetic benefits. He requested that Council
continue their approval to allow time for the engineer to exclude lower Hacienda Drive from the
district.
Mr. Cooper noted that he performed research in response to a request from Mr. Mulberg
regarding his concerns. He noted correspondence received from a Pacific Gas and Electric
official which confirmed that the utility system for lower Hacienda Drive is not separate from
Upper HaCienda as Mr. Mulberg claims. '
Town Manager McIntyre introduced Steve Casselegio,Bond Counsel (Jones 'Hall) to the
Council.
Mr. Casselegio informed Council that ifthe item was continued, the Town would incur financing
costs because it would delay them from getting the assessment on the 2005-06 tax roll. He said
that if the tax roll is missed, they would have to wait until the, next one. In order to pay the
investors, the Town would have the option of increasing the assessment by the amount of interest
that incurred, which would be typically be about 6%.
Mr. Casselegio said that Council carl request a larger contingency ifthey so desired, but that it
would be a very significant move since they have endeavored to keep the contingency as low as
possible.
Priscilla Tripp, Howard Drive, said that the method of assessment needs further consideration.
She said that everyone is interested in approving streetscape, but that view benefits have not been
assessed fairly and should be adjusted. Councilmember Gram asked Ms. Tripp if she had a
specific nlimber that she t~ought was fair. Ms. Trip replied that she did not.
Town Council Minutes #
March 16, 2005
Page 8
Troy Gordon, Avenida Miraflores, spoke in support of the project and agreed with previous
comments.
Jahangir Sedaghatfar, Noche Vista resident since 1980, said that he is appalled at the previous
comments claiming that the assessment is not a question of fairness. He stated that assessments
should not be measured arbitrarily.
Kathy Keating, Hilary Drive, referenced page 2 of the Staff Report and asked for clarification
regarding whether the asses~ment could be financed over 30 years or if it had to be paid up front.
The Council confirmed that the property owner has the option of paying the assessment either
up front or over a 30-year assessment period.
Barry Jones, resident oflower Hacienda Drive, spoke in favor of the project and urged the
Council to allow lower Hacienda residents to be part of the district.
Brian Shields, resident of lower Hacienda Drive, spoke in favor of the project as a lower
J?:acienda Drive property owner, but that he would like to see people informing low and fixed
income property owners of the assistance available to them.
Mr. Berger asked ifhe felt that people receive a greater benefit ifpoles are being removed from
their front yards as opposed to their back yards. Mr. Shields replied that that there are factors
that weigh more heavily than whether you see poles from the front or back of your home.
..
Sue Morris, Rowley Circle, spoke in support of the project and agreed with previous comments.
Doris Eberts, Geldert Drive, gave a history of the introduction of utility poles in the area and said
that the project will benefit the entire community.
Kay Smith, Wilkins Court, agreed with previous comments in support ofthe project.
Janet Drew, Howard Drive, spoke in favor of the project.
Frank Van Ligten, Hawthorne Drive, spoke in opposition to the project because of the
disproportionate aesthetic assessments to Hawthorne Drive properties.
Ms. Cox confirmed for Mayor Beger that the parcels for lower Hacienda Drive receive the same
amount of benefit points as the parcels on upper Hacienda Drive. '
Jim Taggart, Felipa Court, spoke in favor of the project and said that the issue of fairness should
not keep the project from moving forward as the engineers have done a thorough job of
performing a fair assessment.
Town Council Minutes #
March 16, 2005
Page 9
A resident ofthe proposed district said that while he is not opposed to the district, he is opposed
to the unfair appropriation of assessments. He said that the assessment is not equitable and that
uphill properties benefit from more "curb appeal" than downhill properties.
A Geldert Drive resident spoke in favor of the project and agreed with previous coniments.
Mr. Daru, Howard Drive, said that view-based distribution would be nearly impossible to
achieve and that residents should be more concerned about improving the ambient aesthetics of
the area.
Brian Strunk, 20 Mark Terrace, spoke in favor of the project and said that many people have
worked very hard on the project and that there would never be a "perfect" assessment district.
Sam Coffey, Rowley Circle, spoke in favor of the project 8.Q.d urged the Council to more forward
with their approval.
c
Gary Runes, Porto Morino, urged the Council to vote in favor of the project and agreed that it
would be impossibleto have an entirely. fair assessment district.
Spencer Hahn, Howard Drive, thanked those responsible for organizing the district and said that
he believes that aesthetics should be given 2 benefit points and that the system should be tiere~.
\ '
Mark Morris, Tiburon resident, thanked Ms. Strunk and Mr. Broderick for their efforts and urged
the Council to approve the project.
Jim Doyle, Avenida Miraflores,spoke in support of the project for reasons pertaining to
improving public safety.
Marianna Longstreth, Hawthorne Drive, spoke in favor or the project and said that the view
factor should have been considered when determining assessments.
Tom Lloyd, Mark Terrace, agreed with previous comments supporting the project.
Marvin Breen, Noche Vista Lane, spoke in opposition to Noche Vista Lane being included in the
district and said that 'the ,decision to include Hacienda was made without the input of the people
that it would affect. He complained that those on Hacienda Drive that are in favor of the project
did not include Noche Vista property owners on discussions of the project. He suggested that
Hacienda Drive be separated from the rest of the district and that Tanfield and Acacia residents
be consulted with for their opinions regarding the proposed district.
Jim Bonander, Hacienda Drive, said that Mr. Mulberg represented him and added that the cable
arid phone lines for lower Hacienda Drive come from Trestle Glen. He said that he has no view
Town Council Minutes #
March 16, 2005
Page 10
or safety benefit from the proposed project. He presented Council with photographs of his
prop~rty.
Ms. Strunk thanked the audience and said that residents of Hacienda Drive have wanted to be
included in the district since the very beginning and that it was her recollection that Noche Vista
residents were originally not going to be included in the district.
Jon Smith, Felipe Court, gave a brief history of other assessment districts and said that fairness is
imperative when planning an assessment district. He asked Council if there had been any
assessment districts were made between the time that the Mountain View and Stewart Drive
districts were formed. Mayor Berger advis~d Mr. Smith to contact Town Engineer/Director
Echols regarding the question.
There being no further comments, the public hearing was closed.
In response to questions by Council, Town Manager McIntyre said that districts can be cut out
and incidental costs can be increased bunhat the methodology in the Engineer's Report can not
be changed.
,Ms. Cox said that while the "blue, pink, and purple" areas (which is the Hacienda Drive area, as
, denoted in the district map) as well as end areas can be eliminated from the district, but that
taking something out of the middle of the district would be very problematic. She added that an
alternate Engineer's Report that did not include Hacienda Drive had been prepared and could be
adopted by Council. In response questions by Council, she stated that the incidental contingency
could be increased by either a dollar amount or percentage.
Vice Mayor Smith stated that while he is in favor of undergrounding, he does not feel
comfortable with the practice of including properties that have already been underground into the
district. He stated that he has developed an appreciation of the assessment methodology and
believes that it is fair. He noted that Proposition 218 has introduced many restrictions into the
assessment process and that there will always be those that are not happy with the assessment.
He said that he believes that the assessment has been performed in a fair and reasonable marnier
and that alternative methods of assessment would delay the project and introduce major financing
implications. He referenced the Town's general policy regarding undergrounding and stated that
he supports the Engineer's Report as it is.
Councilmember Fredericks said that per Proposition 218, she has come to rely on the engineer's
assessment. She said that eliminating the lower Hacienda Drive and Noche Vista Lane parcels
would be problematic and that they should remain included in the district. She said that she
supports the Engineer's Report as presented.
Councilmember Gram said that a perfect assessment will never be achieved and that the
Engineer's Report is as good as they get. In regards to the comments about the Mountain View
project, he said that that district did not prepare an engineer's report and had to negotiate a
settlement. He said is in favor ofthe project.
Town Council Minutes #
March 16, 2005
Page II
'(~;
Councilmember Slavitz agreed with the comments of his fellow council members and that the.
Engineer's Report addresses the issues as fairly as po'ssible. He would like the c~ntingency
amount increased as a prudent measure if it is feasible to do so.
Mayor Berger said tl}at he does not like the time pressure that Council has been put under and
hopes that time restraints are given further consideration when planning future projects. He said
that the attempts to fairly assess the district are reasonable and ifthe project is unfair that it will
be evident in the vote. He added that the total aesthetics of the Town's views are enhanced by the
project and concluded by stating that he is in favor ofthe project with reservations.
MOTION:
To adopt the resolution preliminarily approving the Engineer's Report and
directing related actions thereto:
Fredericks, seconded by Slavitz
Unanimous
Moved:
Vote:
WRITTEN COMMUNICATIONS
Town Council Weekly Digest - March 4, 2005
Town Council Weekly Digest - March 11, 2005,
ADJOURNMENT
There being no further business before the Town Council ofthe Town ofTiburon, Mayor Berger
adjourned the meeting at 11 :06 p.m., to the next regular meeting of the Town Council.
MILES BERGER, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #
1
March 16, 2005
Page 12
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TOWN COUNCIL
MINUTES
--,-"-
CALL TO ORDER
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Mayor Ber~~;ii~~~h~~pe~~meeting of the Tiburon Town Council to order at 7:05 p.m.,
WednesdaJ\March 30, 2005,~the Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California. ,."-,..,.",.,____.,,",//
ROLL CALL
PRESENT: COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz, & Smith
PRESENT: EX OFFICIO:
Town Manager McIntyre, Director of Community
Development Anderson, Advance Planner Bryant
ORAL COMMUNICATIONS
None
PUBLIC HEARING
1. GENERAL PLAN UPDATE: TIBURON 2020 PUBLIC REVIEW DRAFT-Take public
comment and provide direction to staff on necessary changes to prepare general plan for
adoption
Advance Planner Bryant presented the; staff report using a power point slide show and responded
to questions from the Council.
, Public comments on various sections ofthe draft general plan were received from Steve Sears,
proprietor of Sam's Anchor Cafe; Jim Wheary, owner of the Sam's Anchor Cafe property;
George Landau, Bruce Abbott, Jerry Riessen and Scott Pearson.
Mr. Sears and Mr. Wheary supported the Planning Commission recommended Policy DT-33A to
replace the Public Review Draft Program DT-j. '
Mr. Landau requested clarification regarding view protection versus tree protection, urged use of
reclaimed water for irrigation purposes, and expressed concern about bicyclists using certain
portions of Tiburon Boulevard near Trestle Glen Boulevard.
Mr. Abbott spoke in favor of the "passive recreation" designation for the Blackie's Pasture area
as shown in the draft general plan.
Town Council Minutes # 08-2005
March 30, 2005
Page J
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Mr. Riessen spoke in support of the draft general plan as written.
Mr. Pearson submitted a revised letter, urging the Town Council to be flexible in its regulation of
wireless communication facilities as technology advances would be dramatic during the time
frame of the general plan.
The Town Council directed that the following changes be made to the draft general plan as
revised by the Planning Commission:.
~ Modify Policy OSC-15 to change "prohibit" to "discourage" and consider allowing
certain exceptions. Staff to develop revised wording for consideration
~ Revise Policy OSC-27 to delete the words "wherever possible".
~ Find an appropriate place in the document to reference the importance of the View
Ordinance, possibly in the Land Use Element.
~ Delete the Planning Commission's proposed changes to Program C-b.
~ Revise Policy DT-1to add "passive recreation" after "commercial".
~ Revise Policy DT-3 to read "Actively promote the economic vitality of Downtown".
~ Revise Program DT-e to read "Facilitate the long-term future improvement ofthe four
comer properties at the intersection of Tiburon Boulevard and Beach Road and adjacent
sites" .
~ Revise Policy SE-6 to read "The Town should actively encourage owners of developed
property to repair or improve unstable slopes, install drainage facilities, and take other
measures that may reduce potential safety hazards".
~ Add a reference to the efforts of the Landmarks Society in the discussion of Historical
Resources Policies.
~ Have Town Historian Branwell Fanning add a few paragraphs to his narrative to reflect
more current events and issues.
~ Staff was directed to review the letter (attached hereto) of suggestions and clarifications
submitted by Councilmember Fredericks and consider incorporation where appropriate.
The Town Council also discussed other issues, but did not make any recommendations for
changes to the goals, policies, or programs as drafted and amended by the Planning Commission.
These issues were the permanent protection of open space versus the ability to consider low
value open space areas for other uses, discouraging take-out restaurants in the Downtown,
extending the Affordable Housing Overlay to other Downtown sites.
The Council complimented the Planning Commission and staff for an excellent document and a
thorough review.
Town Council Minutes # 08-2005
March 30, 2005
Page 2
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ADJOURNMENT
There being no further business before the Town Council of the Town'ofTiburon, Mayor Berger
adjourned the special meeting at 10:00 p.m., to the next regular meeting scheduled for April 6,
2005.
MILES BERGER, MAYOR
ATTEST:
ALEX MCINTYRE, TOWN CLERK (ACTING)
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Town Council Minutes # 08-2005
March 30, 2005
Page 3
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1m MAR 3 0 2005 ll))
General Plan Update for TC March 30, 2005
"
"tOWN CLERK
TOWN OF TIBURON
Dear Fellow Council Members
Below are changes I suggested to the GP Draft. Most are for clarity.
Chances that reflect policy rather than clarity are marked with an
octothorp (hash mark)
Pg 1-6: Table 1.5-1:
1. Table does not always show what the text interpreting - partially
because age subsets are missing, partially because the table is arranged by percent
changes that do not reflect differences in absolute #'s in all cohorts.
a)e.g. Table does not show date for the cohort 45 to 54, yet text
talks about predictions for 45 and up.
b) e.g. Text talks about ages I5~44 shrinkage, but table does not
show IS-partially because age subsets are missing
Suggested Change: Correct or delete table.
The text misses important data that the table shows: The percentage increase and
often the absolute number of older folks is greater than that of kids. Drop outs are late
teens and young adults? This reflects all of Marin County. Text should interpret the data
more specifically:
Suggested Change:
If this demogt'apmc treBd eoBtmaes, A continuing increase in the number of
youngest and oldest residents could have an impact......:
#### 2 -14: LV -0: says to protect preserve and enhance existing neighborhood identity
Why enhance? Sounds like that negates the other two verbs
Suggested Change:
Drop enhance
LV - 19 pg ~ -17
Wireless Policy: The wireless facilities are located by someone, they don't
locate themselves:
Suggested Change:
WiTeless eeR'R'BmMeatiofls faeilities Wireless Services are strongly
discouraged from locating their facilities in residential or open space....
LU-19A: (NEW)
Similar Suggested Change: Wireless services shall be required to
minimize the visual impacts of their facilities to the maximum extent feasible.
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2-18 LU 23:
waterfront access... Isn't policy about public access??? Does BCDC
really encourage piers on mudflats on private property with no access from public
property?
Suggested Change: add public to all reference to BCDC approved
water or bay access
2-17: LU -21: We will not be adding categories, we will be adding businesses
Suggested Change:
encourage addition of under represented retail and service
ea:tegofles businesses to provide shopping opportunities
#####Re: other goal: To increase sales tax revenue ?:
Encouraging under represented business may be at odds with
increasing sales tax revenues. i.e pharmacy. Sales tax revenue shouldn't
be the guide when choosing businesses: Pits town self interest in revenue
against needs of the residents for certain business when those businesses
(pharmacy, gas station) are not as successful as others (restaurants).
Suggested Change:
Leave out sales tax revenue.
OPEN SPACE
POLICIES
OSC-3: Uses of access should be added since some uses maybe the basis of
conforming to other programs, of specific funding
SUGGESTED CHANGE: town will secure access to those portions of open
space most appropriate fot public usefor recreation,'connections within and between
neighborhoods, access to alternate modes of transportation such as pedestrian and
bicycle ways, ferries and buses, pedestrian safety in areas with substandard roads and
general mobility in times of emergency.
See Also ,Circulation Element on pg 5-11, C-J, PR-9 or Safety Element for
other possible placement of the text suggested above
#### 'OSC-A: Public or private open space shall be permanently protected. . ..
Regardless of whether we include the possibility of an overwhelming
public good or not, some open space'may be required by law to allow some public use
under some conditions. I suggest we take the high road and make a firm statement about
our expectations. '
Depending on answer to above Suggested Change:
delete last line:
T{"herc a clcar p'bfblie benefit 1'I'laY' bc ae1'l'lB1'lsiffltea.....
2
Water and shoreline development
OSC15 - With exception of piers and docks approved by BCDC...
l)BCDC should not have the.last word re use. Sometimes there are
view issues surrounding personal use piers and docks mud flats in
east Tiburon too?
, Private use should be distinguished from public.
2) It might be in the Town interest to allow a new structure over
the bay on one part of the property in exchange for demolition or a
public use of another part of the property over the bay.
###### Suggested Change: Maintenance and replacement of existing structures built
over the water shall be allowed. ' With the eJ{e~ioB of 13iers and cloaks a1313r0ved by the
Bay CenservatioR B:Bd De';eleJ:lmeRt Cammissien (BCDC), Expansion of existing
structures or construction of new structures over the water shall be prohibited.
Exceptions to be considered are a) a public or priVate pier or dock that is approved by
the Bay Conservation and Development Commission (BCDC)~ b) if such expansion
is the only way pedestrian public access along the bay can be provided on a part of the
existing or new structure.
OSC-17: Pg 4-5(report) :3-9:
Suggested Change: change impedes to impede (if barriers is the noun the
clause modifies.' Anyway, cut and impede should match re '8'
OSC - 29: protect through entitlement (1)
Suggested Change: Substitute permitting for the word "entitlement" '
OSC38A:minimize impact of retaining walls:
is this simply a requirement to plant
along them, or, to minimize planning to need them?
Suggested Change: The visual impact of retaining walls and similar
engineering elements shall be reduced to the maximum extent possible by minimizing
their use in the improvements on the land and requiring appropriate plantings on such
elements.
Programs
Pg 3-16 GP: OSC B: confusing needs rewrite
Suggested Change: The town shall review all development applications that are
submitted to the County and are within the Town's sphere of influence or areas of
interest in order to encourage.......
Pg 3-22: ,Suggested change: last line end with a superfluous "and" or, put in a separate
paragraph where it belongs to function as a conjunctive for the bulleted elements listed.
Pg 3-23: OSC 60A
"
3
Unclear re whether this is about open space or private residences. In
either case, I disagree with the approach. Giving HOAs seeming authority is a recipe for
conflict. I suggest the more persuasive and clarified change below:
Suggested Change: The Town should encourage HOAs to disseminate
iriformation about the harmful effects of use of invasive exotic species in
landscaping and to provide opportunities for residents to organize to remove
them on open space.
DT ELEMENT
DT 3 : Pg 6 (report) 4-5 GP
Actively promote the establishment (?)
Suggested Changed: development of a commercial strategy.
Pg 4 -4: Fri Nite on Main shows interest in making downtown a community center. May
be confused with Community Center project so, change:
Suggested Change: "a center of community activity"
DT 28: 4- 10: Strongly encourage sidewalkuse
. Although examples are given, there are some uses that should be
strongly,aiscouraged--- a plethora of sidewalk vendors of tourist trinkets,
ersatz art, spillage of retail goods out onto the sidewalk --. Specify the
goal of providing the outdoor spaces.
IIfIf/fUf/f Suggested Change: Retail ' storefronts, outdoor spaces for
community gatherings and uses such as sidewalk cafes are strongly
encouraged in order to make strolling along Tiburon Blvd a -stimulating
and enjoyable activity
DT - h pg 4-11: Installation of sign: Gallows area should not be only
consideration. The Gallows area is the introduction to a Civic center plaza in the
next 20 years. (Library expansion: Zelinsky Park, Town Hall). Other locations
could be beautified parking at the end of Lyford, or other side of the street, at
Sharkeys, etc. Leave all possibilities open.
Suggested Change: Consider installation of a Downtown Tiburon Entry
Sign at an appropriate location.
DT 35 pg 4-12: The Town will support ferry service providers and encourage
the use of ferries to reduce traffic and parking demand in downtown refers to
visitors. Ferry Commuters often use parking downtown, and we should provide it.
Suggested Change: to reduce visitor traffic and parking demand
downtown. ' ,
DT -J: ..... Note PC change from a program to a policy
4
##### Suggested Change: When changes in use and construction of substantially
redesigned new buildings allow, the town should pursue the eompletiel'l of a
DO\VRte\V'B. waterfront prome:eade all oppportunities for waterfront pedestrian
access along the full length of Main St.. ..etc.
Substantially similar to PC suggestion.
, DT -M pg 4 - 12: : Designate bus parking spaces in the Tiburon Blvd pay parking
lot at 1525 Tib Blvd
Are we paving someone elses lot?
Designate bus spaces: no engine running?
Suggested Change: with signage discouraging motors left running.
DT-t: pg 4.12: Is there really actual or possible public access from Teather Park to
Judge's field?
Ifnot: drop this.
CIRCULATION
C-C: Pg 5 -5 PC recommended delete traffic volume table, change text.
Suggested Change: add to end of sentence as PC edited it:
.. . .residential quality of life.
"'* Pg 5- 6:Top paragraph: still refers to neighborhood streets as those that carry
fewer than 500 vehicles per day: That overstates the neighborhood burden
and implies that uses that increase traffic might be compatible.
Suggested Changes: I) drop all references to traffic volume in text
2) Acknowledge existence of and any
policies that apply for substandard
streets and limits on solutions in
intro text on 5-5 and 5-6
5-11 Circulation Element: Bay Trail:
There are also neighborhood paths and trails that hook up with Tiburon Blvd,
downtown Tiburon, and the Bay Trail. These serve functions that fit various elements of
the GP, but I suggest staff guide the placement to avoid redundancy.
Suggested Change: (See also PR-9) detail may belong there also
(See also OSC 3, Circulation: C-J? and Safety (?)
Bay Trail
The Bay TraiL... Tiburon Blvd to Paradise Drive. and tllere a:re
other trails Booh as those found... .eoaneet to the Bay Trail.
5
Other Trails and Paths: There are other Trails such as those
found on Ring Mountain and smaller paths winding to andfrom the Bay
Trail through neighborhoods that connect ultimately to Tiburon Blvd.
These trails serve uses for recreation, connections within and between
neighborhoods, access to alternate modes of transportation such as .
pedestrian, and bicycle ways, ferries and buses, pedestriqn safety in areas
with substandard roads and general mobility in times of emergency.
Pg 5-13: Acknowledge Blue and Gold is also an important link for bicylists who bike ~he
Peninsula). Sometimes so full (Fri or Sat PM?) that passengers have to stand to make
room for bikes. Bikes standing in rando!ll places.
Suggested Change: Pa add: and serves asa cross bay connectionfor bicyclists.
C-J (new): to provide facilities and incentives to encourage non auto pedestrian travel
(See also pg 5-11 under Bay Trail, Safety element, PR - 9, etc)
Suggested Changes: add the following at the end ofthe line
. . for uses including recreation, connection to neighborhoods and
alternate modes of transportation, and safety.
C-15: Why not safety going both ways? Can we ensure safety? And will it ever be safe
for bicycles?
SUGGESTED CHANGES:
The Town shall work with the County of Marin and LAFCO to secure
safe and reliable access to and from the northeastern side of the Tiburon
Peninsula along Paradise Drive.
SAFETY ELEMENT
SE - 6: SOCIAL (?) responsibility to repair unstable slopes: responsibility to the
community??? Town shouldn't be mucking in social responsibility:
Suggested Change: Ciyic
,
##### Emergency:
,
\ ,
The Town shall consider the use of trails and paths to provide mobility in times of
emergency.
PARKS AND RECREATION
Pg 8-3 Grammatical Correction:
last parag, last sentence: dangling modifier. As private facilities (referring to the
four commercial recreation facilities in previous sentence), neither the Town nor the /
Recreation Department.... (does not modify the nouns it,is nearest)
Suggested Change: Neither the Town nor the Recreation department has any
role in influencing the recreation amenities or programs offered by these private
facilities.
6
-!'
PR -BGoa1s: pg 8.5: The statement promising adequate facilities to meet future parks
and recreation needs: Does this deal with the realities of what is available?
SUGGESTED CHANGE: to address the needs
Policies:
##### PR-6 pg 8-6: B1ackies passive and informal.
Silent as to uses of So Knoll area, path along waterfront, lineal pathway
Suggest Preserve the bay front for passive use where appropriate
SUGGESTED CHANGE: :
Shoreline area traversing path in front of McKegney Green to end of south
of the knoll park to provide continuity from Blackies Pasture and bayfront
area of So. of Knoll Park are for passive cmd informal use.
PR - 9: pg 9 report: 8-7 GP:
. Ifnot in OSC 3, Circulation under Bay Trail text, or Circulation: C-J?
or Safety
SUGGESTED CHANGE: Town will continue to increase its network of public
trails within the Planning Area for recreation, connections within and between
neighborhoods, access to alternate modes of transportation such as pedestrian and
bicycle ways, ferries and buses, pedestrian safety in areas with substandard roads and
general mobility in times of emergency ,
PR-b: See also PR9, OSC 3, Circulation under Bay Trail text pg 5-11 , or C-J, or the
Safety
Element
Suggested Change:
... . creation of easements and or trails that connect or continue to allow public
access to .recreation and open space areas, to the Bay Trail and connections
within and between neighborhoods, to alternate modes of transportation such as
pedestrian and bicycle ways, ferries and buses and to provide mobility in times of
emergency.
7
,.'
i'
Town of Tiburon
STAFF REPORT
3
AGENDA ITEM
TO:
Mayor and Members ofthe Town Council
FROM: Chad Monterichard, IT Coordinator
Heidi Bigall, Director of Administrative ServicesjJ- c/{M
SUBJECT: Proposed Information Technology Strategic PIU
MEETING DATE: April 6, 2004 REVIEWED BY: ~
Prior to May 2002, the Town relied upon consultants to recommend and maintain
the Town's information technology resources, including personal computers, file
servers, the email system, and desktop software. Due to escalating consulting
costs, coupled with frustration over responsiveness and poor customer service,
staff recommended and the Town Council approved the creation of the Information
Technology Coordinator position. The IT Coordinator would be responsible for all
aspects of the Town's information technology infrastructure.
The Information Technology Coordinator was charged with preparing the Town's
first long range strategic plan which is a framework by which the Town could make
informed technology decisions in the future, allocate resources effectively, best
serve the public, address daily support issues, and formalize the internal processes
used to achieve long range technology goals. The initial Strategic Plan, as
prepared by the IT Coordinator, was then reviewed by a sub-committee of the
Director of Administrative Services and Director of Public Works, and modified
slightly. At the Council/Staff retreat in February, Council received a presentation of
the draft Information Technology Strategic Plan. The Council offered staff
suggestions, among them:
· Place an emphasis on selecting off-the-shelf solutions over ground-up
development.
· Share resources with other agencies whenever possible and examine
options to achieve this throughout the project prioritization process.
. That the IT Coordinator take the lead on all Town technology projects.
. That the plan also address the need to asses what technology-assisted
Town services the public would like to see.
Staff has incorporated the Council's suggestions into the Strategic Plan, which was
then reviewed by the subcommittee. The attached document represents the final
draft of the Strategic IT Plan, which will be periodically revisited.
Financial Impact
The adoption of the proposed IT Strategic Plan will not have an immediate financial
impact on the Town. However, it will serve as a guide to make recommendations
for IT products and services during the annual budget process. As a reminder, in
4/1/2005
1 of 2
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Town of Tiburon
STAFF REPORT
AGENDA ITEM
3
,. ,. . . . . . ,. . . . .. . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . .
2003 the Town Council created a new reserve fund for information technology and
initially reallocated $150,000 of General Fund surplus into the fund. Any
expenditure of these funds will be authorized by the Town Council with the
adoption of the annual budget.
RECOMMENDATION
It is recommended that the Tow,n Council adopt the attached Strategic Plan for the
Acquisition and Use of Information Technology for the Town of Tiburon.
ATTACHMENT
1. Strategic Information TeclinologyPlan
2of2
';
A Strategic Plan for the Acquisition
and Use of Information Technology
for the Town of Tiburon
("
Revised March 2005
Chad Monterichard
,
,
IT Strategic Plan for the Town of Tiburon
Why does Tiburon need a strategic IT plan?
Today's cut~ing edge technologies are tomorrow's recyclables.
Even trained IT professionals have difficulty ke,eping up with
cutting edge. Tiburon needs a Strategic IT Plan to better direct
its resources toward accomplishment of its goals and
objectives, and to formalize the process used to select and
deploy the information technology projects the Town pursues.
This plan builds a framework upon which the Town may achieve
its information technology goals. It is difficult to predict what
"cutting edge" will mean beyond five (5) years, so a flexible
long-term strategy with a thoughtful, forward-thinking
approach best serves us all.
The plan is nota collection of tactical implementation plans.
Specific tactical plans, capital projects and special projects are
the appropriate mechanisms to address specific business
requirements with particular information technologies.
What are the key objectives of this plan?
. Increase the quality of services we provide to the public
. Increase staff productivity
. Improve cost effectiveness of government
What are the primary components of the plan?
. Project prioritization and the allocation of IT resources
. The need to establish technology standards
. IT-related purchase considerations
. Project recommendations
Ir Strategic Plan for the Town of Tiburon
Page 1
n
,
IT Strategic Plan for the Town of Tiburon
Project prioritization and the allocation of IT resources.
Requests for technical support and training continue to rise with
the deployment of more technological resources. Rapid
advancements in technology also complicate the project
selection process. How do we choose which new technologies
the Town will deploy? '
The answer: It is essential that the Town regularly prioritize its
investments in technology, first funding those projects which
not only assist the work efforts of its agencies' and
departments, but those that provide the biggest return on
investment to the Town.
To enable the Town'sIT staff to plan and support the
technological needs of the Town, cooperating agencies and
departments will be asked, twice yearly, to prioritize and
submit their list of technology objectives (3 - 5 years out).
Effective communication is crucial to IT resources being made
broadly accessible, used appropriately, and supported
effectively. Communication between the IT Coordinator and the
Director of Administrative Services must be targeted and
frequent. Formal communication ensures that department
heads know what.IT resources, services, and support are
available to th~m, and how they are accessed; that ,
management is aware of the appropriate use of IT resources;
and that end-users know and understand pertinent information
about policies, guidelines, and procedures.
The plan calls for:
. One-on-one, semi-annual meetings with representatives from
each of the following agencies and departments - Public Works,
Planning, Building, Police, and Administration - to prioritize each
department's information technology goals for the coming year.
. / One-on-one, semi-annual meetings with the Director of
Administrative Services, andjoran Information Technology
Subcommittee, to evaluate each agency and department's
information technology goals and identify priorities and resource
requirements as recognized by the entire Town.
IT Strategic Plan for the Town of Tiburon
Page 2
,
IT Strategic Plan for the Town of Tiburon
. Bi-weekly meetings with the Director of Administrative Services
to communicate progress, concerns,-and to allocate IT
resources. .
How important are technology standards?
The Information Technology industry is constantly changing. It
is not uncommon to find technical obsolescence in hardware
and software within two years. The Town must seek to leverage
its investments in technology by ensuring that its. hardware,
software, and support infrastructure lends itself to evolutionary
changes in technology. This will be accomplished through the
adoption of widely accepted industry standards and by utilizing
technologies offered and supported by market leaders within
the industry.
By choosing to adopt industry standard hardware and software
the Town can:
. Ensure that its legacy systems are able to coexisfwith future
,systems, as well as to make upgrades simpler and less
costly. .
. Incorporate new technology while minimizing disruption to
Town business.
. Provide the Town the flexibility to choose from a' large
number of compliant products and vendors.
. Ensure compatibility in the management and sharing of
information resources within and among all Town
departments and agencies, as well as with outside agencies
where applicable.
IT Strategic Plan for the Town of Tiburon
Page 3
p
IT Strategic Plan for the Town of Tiburon
How will we make IT purchasing decisions?
With advancements in technology there are literally hundreds
or thousands of vendors and products in the marketplace for
every giv,en need. New vendors and products are introduced
and marketed on a daily basis. Making sound purchasing
decisions can be a challenge. In light of rapidly changing
technologies, the Town must protect its investments for the
long term by making the following considerations:
. Look for widely used industry accepted technologies to
broaden our support and deployment options for both
hardware and software.
'.J
. Fund a managed discretionary "test lab" budget as soon as
the Town's budget allows for one. With a budget for testing,
the Town could realistically investigate technologies like
wireless cameras, portable field computers (PDAs) and
potentially helpful software prior to the formal annual budget
approval period, and more effectively implement useful
technologies throughout the year.
. Tip the scales in favor of choosing "cutting edge" over
"bleeding edge" technologies. Give brand new technologies
time to matur~ in the marketplace before choosing to adopt
them.
. Protect investments in technology by selecting vendors with
a proven track record and significant market share.
I '
. Always look for ways to share the Town's investment dollar
and its resources with multiple departments and agencies.
. Develop Town-wide standards to help promote better data
communication, data sharing capability, and to lower cost of
ownership.
,IT Strategic Plan for the Town of Tiburon
Page 4
IT strategic Plan for the Town of Tiburon
What investment guidelines should we follow in the acquisition
of technology?
. Investments in automation should not be made merely to do
things faster, but instead to do things better.
. Communicate with counterparts throughout the County and with
appropriate staff before major purchase decisions to look for
ways to share 'investment resources.
. Approval for subsequent year funding of multi-year projects,
such as the rollout of a document imaging system, should not be
given until the planned goals of the previous phases have been
attained.
. The Town should first evaluate the use of off-the-shelf software
wherever and whenever possible, to avoid the cost of "ground
up" program development or intensive application
customizations.
. Internal development of applications software by the Town
should be viewed as the last resort, considered only after
determining that off.,.the-shelf software solutions are, not viable
alternatives to internal process re-engineering.
Project Recommendations:
The following are staff's recommendations for key projects. Many
are ongoing. For projects listed with estimated times to completion,
estimates are based upon approved funding and available staff time
to complete.
. Branded Website. (6 Months). Contract for a complete visual
upgrade of the Town's website, improving navigation
through the use of menus, and providing a consistent user
experience.
e;- Integrated Web-Based Services. (12 Months) Place a focus
on how we can utilize Internet and Intranet (internal only)-
based technologies as a means of doing Town business. The
Web is increasingly the virtual space for residents and staff
to access information and to do work. Deploy online
permitting and the ability to access parcel data online.
Internally, within many private sector organizations,
r
IT Strategic Plan for the Town of Tiburon
Page 5
IT Strategic Plan for the Town of Tiburon
employees are able to schedule vacation time using Intranet
web forms accessed on their, computer workstations. The
Town must provide Web-based services that fulfill a wide
range of needs and that are technically and admillistratively
integrated.
. Educational Technology. (Ongoing) Each Town agency and
department has significant educational technology needs and
uses, many of which are increasingly discipline-specific (GIS,
permit tracking, law enforcement, accounting, etc.), but
concurrently reliant on centrally-managed resources. A
robust, centrally-managed technology and support
infrastructure can provide staff with the critical IT resources
they need. Always look for ways to share training resources
with outside agencies, where applicable.
. Internal Standards. (3 months) Establish and enforce
Townwide technology standards for network document
filenames, folder names, computers models, and telecom
equipment to improve inter-departmental and inter-agency
,sharing of information. Additionally, standards will lower
training costs, hardware and software acquisition costs,
maintenance costs, and technical support costs (Total Cost
of Ownership).
)
. Going Digital. (Ongoing) 'Continue looking for ways to utilize
technologies to reduce the creation and use of paper within
the city.
. Resource Sharing. (Ongoing) Continue looking for ways to
share resources with our neighbor agencies in the County.
This does not necessarily mean creation of a central data
warehouse.
. Upgraded Email System. (3 Months) Provide enhanced' email
services to staff, allowing for a better work experience when(
working remotely: ability to attach audio to messages,
instant messaging, full/integration with the Town's internal
email and calendaring system, attaching powerPoint slides,
and providing automatic spellchecking from the Web email
access tool.
. Security. (Ongoing) Continuously enhance the Town's
network security.
IT Strategic Plan for the Town of Tiburon
Page 6
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IT Strategic Plan for the Town of Tiburon
. Antivirus. (3 Months) Implement improved internal antivirus
system to aggressively protect the Town's systems from
computer viruses, Trojans, and worms, as well as from
future threats.
. Wireless. (Ongoing) Expand upon the Town Hall's wireless
802.11 network and pursue ways to deploy it in both large
and small scale projects. Continue participating with
neighboring agencies on ways to extend the usefulness of
wireless technologies.
. IT Resource Audit. (2 Months) Provide management with a
formal IT resource audit to better gauge available time and
funding for projects, as well as better budget for future
specific initiatives.
. Backlog Conversion. (12 Months) Continue deployment of
document imaging system. Estimated 400,000 - 500,000
pages of backlogged documents to be scanned and indexed
into Town's document imaging system.
. Productivity Enhancements. (Ongoing) Deploy inkless
signature pads for the public counters, and provide staff the
ability to send faxes directly from their computer desktop. ,
. Office After Hours. (2 Months) Deploy a Building Division
permit kiosk to enable public access in the Town Hall's lobby
to expedited permitting for simpler projects. "
. Pay Online. (2 Months) Implement electronic commerce
technologies to facilitate online payment processing for Town
services using credit and debit cards.
. Work Remotely. (Ongoing) Continue to enhanc::e the ability of
staff to telecommute - to be able to work from home or on
the road. Broaden the reach offield telecommuting to the
Town'inspectors, the Town Engineer and to Public Works
where possible. Increasing freedom with mobile devices -
increasingly, people are choosing portable, small and
wireless devices for their computing needs, which helps
them realize unprecedented mobility in information and
network access. Additionally, these devices provide more
, capacity and functionality in a single device.
IT Strategic Plan for the Town of Tiburon
Page 7
IT Strategic Plan for the Town of Tiburon
. Central Management. (Ongoing) Provide centralized
management control of all IT related resources. Through
central management of the Town's computer resources, the
Town can realize benefits associated with volume purchases
of hardware, software, and maintenance. Centralization also
enables the Town to lower costs of operation by reducing
some of the redundancies associated with decentralized
management.
Conclusion
The Town of Tiburon Strategic IT Plan reflects the Town's
overall strategic planning process. The Town's integrated
approach to reaching both long and short term goals, making
better purchasing decisions and sticking to technology plans
form the foundation. Major emphases include:
. A focus on both the public and on Town staff.
. The assessment of regular technology goals and priorities,
by department, which are comprehensive, extensive and
focused.
. A framework for more effective purchase planning.
. A streamlining of Town processes where available as
alternatives to costly or unproven technologies.
. The development of internal standards for how we use
current and future technologies.
Finally, as a remind~r, this is a strategic plan. It is not a
collection of tactical implementation plans. Specific tactical
, p,lans, capital projects, and special projects are the appropriate
mechanisms to address specific business requirements with
particular information technologies.
IT Strategic Plan for the Town of Tiburon
Page 8
.
.
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Town of Tiburon
STAFF REPORT
AGENDA ITEM L
. . . . . . . . . . . . . . . . . . . . . . . . . . . II . . . . . . . . .1 . . . . . . . . . . .
TO:
Mayor and Members of the Town CO~I,
Alex D. Mcintyre, Town Manager , ~
Funding for Friday Nights on Main Street
FROM:
SUBJECT:
MEETING DATE:
April 6, 2005
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
At its last meeting, the Tiburon Town Council approved the Tiburon Peninsula Chamber of
Commerce's request to authorize the continuation of the highly successful Friday Nights on Main
Street for 22 consecutive Friday nights through the summer. The Council also directed staff to
work with the Chamber to determine how to pay for the additional overtime required for law
enforcement presence during these events. It has been calculated that to effectively staff the
events, it would cost the Tiburon Police Department an additional $14,000 in overtime costs.
Staff met with Chamber Special Events Committee Chairman Steve Sears and decided that we
would approach this problem in time segments to better gauge the success of the events and the
actual law enforcement needs. As such, the Chamber has agreed to reimburse the Town for its
overtime costs for the first four Friday Nights on Main Street events. Based upon this experience,
staff will again meet with the Chamber to determine 'future law enforcement needs. The Town will
strive to control overtime costs by utilizing volunteer Police Reserves for the program as well as
using uniformed command staff as well. The Belvedere Police Department has also been asked
to contribute manpower to these events (Exhibit A).
Recommendation
It is recommended that the Town Council affirm this short term solution and ask staff to return with
a full report on actual law enforcement needs for the Friday Nights on Main Street.
Exhibit A - Letter Request to Belvedere Police Department
TOWN OF TIBURON
POLICE DEPARTMENT
EXHIBIT NO. A
.
MATTHEW C. ODETTO
Chief of Police
March 31, 2005
Chief Mark Campbell
Belvedere Police Department
450 San Rafael Avenue
BelyedereCA. 94920
Dear Mark,
As we previously discussed, the Town Council approved the" Friday Nights on Main"
event. This event will commence on Friday May 6,2005 and every consecutive Friday
throughoutthesummet. I am requesting your assistance with the security. I would
appreciate a commitment by your agency to fill two security slots per month. If you have
any questions, feel free to contact me directly. '
.
Thanks again for your assistance.
Sinc. er~,lY",,- "
'i '--j!vtl;C~ .
, - tiatthew C.Odetto, Chief of Police
Town of Tiburon
cc. TownManager
.
CARING NCOMPETENCE--COMMITMENT
1155 Tiburon Boulevard . Tiburon, CA 94920 · (415) 789-2801 . Fax: (415) 789-2828
]}k;(/j j
.
Resolution No. XX - 2005
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
URGING COMCAST CABLE TO RESTORE FM SERVICE
TO ITS SUBSCRIBERS IN MARIN COUNTY
WHEREAS, the cable television franchise operators in Marin County,
recognizing the unique topographic challenges present by the hilly terrain or our
county, have continuously provided FM radio service as part of the basic cable
service for the last twenty years; and
WHEREAS, without this service, many residents of the Town of Tiburon
are unable to receive clear, and in some instances any, reception ofFM radio; and
WHEREAS, FM radio service is vital in providing locally produced public
affairs programming, news, cultural programming music, traffic reports and
emergency broadcast information; and
.
WHEREAS many cable subscribers actually rely on the FM cable service
for the majority of their informational and entertainment needs; and
WHEREAS, Comcast Corporation promised and agreed to continue
providing the same basic service as it predecessor until a new cable franchise
agreement could be negotiated; and
WHEREAS, the existing franchise agreement states that the terms and
conditions therein cannot be modified without mutual consent of all parties to the
agreement; and
WHEREAS, the recent decision to terminate FM cable service was made
by Comcast without the consent or authorization of the local franchising
authority, the Marin Telecommunications Agency; and
WHEREAS, the Marin Telecommunications Agency has made formal and
informal objection to Comcast about its decision to terminate the cable FM
service; and
WHEREAS, Comcast Corporation has not adequately responded to the
request made by the Marin Telecommunications Agency to reconsider its
decision;
.
WHEREAS, Comcast has stated that it intends to use the bandwidth
spectrum. previously. devoted to FM radio for subscription video and music
services that are not locally based;
.
WHEREAS, a great many cable subscribers cannot afford to subscribe to
these services, have no interest in them and will not be able to have their basic
informational, cultural and entertainment needs met by them;
WHEREAS, without these services many Marin residents will suffer an
irreparable loss of connection with their community and in most instances cannot
build antennas or otherwiSe compensate for the loss of the service through any
other means;
THEREFORE, the T~wn Council of the Town of Tiburon hereby requests
that Comcast Corporation reverse its decision to terminate cable FM radio ,service
and resume providing the service as it has been so provided for the last twenty
years to Marin County cable subscribers forthwith;
The Council hereby directs the Clerk ofthe Town of Tiburon to forthwith
send a copy of this resolution to the Marin Telecommunications Agency, Brian L.
Roberts, Chief Executive Officer of Comcast Corporation, Senators Boxer and
Feinstein, Congresswoman Woolsey, State Senator Migden and Assembly
member Nation.
The foregoing resolution was duly and regularly adopted by the Tiburon Town
Council, County of Marin, State of California, at a regular meeting thereof, held
on the 6th day of April, 2005, by the following vote:
.
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
MILES BERGER, MAYOR
TOWN OF TIBURON
ATTEST:
Diane Crane Iacopi, Town Clerk
.
Town of Tiburon
STAFF REPORT
10
AGENDA ITEM
. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .
TO:
Mayor and Members of the Town Council
FROM:
David M. Hutton, Captain
SUBJECT: 2004 Tiburon Police Department Ann.ual Re~..
MEETING DATE: April 6, 2005 REVIEWEDBY:~
. . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . .
BACKGROUND
In 2004, the Tiburon Police Department prepared our second Annual Report for
the Town Council summarizing the events during the year within the Department
and events that occurred of interest within the community. Additions to this
year's report include a feature on the history of the Tiburon Police Department
through a review of the past (and present) Police Chiefs and a section dedicated
to a new community relations tool, the Tiburon Police Department Baseball
Trading Card Program.
A presentation will be made by Chief Odetto and me for the Town Council during
their meeting of April 6, 2005, recounting the individual sections and key areas in
the report.
In preparation for this presentation, I have prepared one copy of the 2004 Annual
Report to be presented to each Council Member in their Council Packets. This is
the Council's original copy that will be reviewed by Chief Odetto during the
Council Meeting on April 6, 2005.
January 30, 2004
1 of 1
.-
STAFF REPORT
AGENDA ITEM
1
Town of Tiburon
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SUBJECT:
MEETING DATE:
Mayor and Members of the Town CO~Cil
Alex D. Mcintyre, Town Manager & .
Merit Pay Committee
Adoption of a Merit Pay Policy and Compensation Program
April 6, 2005
. TO:
FROM:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BACKGROUND
Last year, the Town Manager proposed the idea of Merit Payor pay-for-performance for non-
represented employees to the Town Council. He argued a desire to be able to reward highly
productive and engaged employees using a clear and understandable basis of measuring
performance. Merit systems are not uncommon in the private sector as a tool to stimulate and
reward performance.
In August of 2004, the Town Manager formed a committee to study the idea of creating a "pay-
for-performance" program for management and mid-management employees of the Town of
Tiburon. The committee was comprised of representatives of each department within the .
organization: administration, community development, public works, and police. The
Committee was comprised of Advance Planner Kevin Bryant, Assistant Planner Kris Krasnove,
Assistant Superintendent of Public Works Dave Davenport, Police.Captain Dave Hutton and
Town Clerk Diane Crane lacopi.
The group met weekly; its chargewas to explore the question of "what constitutes merit?" and to
create a program that would not only be easy to administer but would be seen as "financially
reasonable." The Town Manager's goal was to present such a program to the Town Council for
consideration and adoption as a policy for the upcoming fiscal year.
Resource Material
The committee used the Town's established Compensation Policy (Exhibit A) as a starting point
and as a basis for discussion and further study. It also reviewed the Town's past and existing
compensation programs, policies and practices. Some of the committee members (Capt.
Hutton, Asst. Superintendent Davenport and Town Clerk Crane lacopi) have considerable
tenure with the Town and brought their experience in working with past programs and
procedures to the table; the "newer" members of the committee (Advance Planner Bryant and
Assistant Planner Krasnove) brought their work experience in other jurisdictions, as well as a
"fresh" perspective, to the process.
The Merit Pay Committee reviewed policies from jurisdictions that responded to the Town's
request for copies of already established merit compensation programs; the Committee's
mandate was not limited solely to the study of public agencies within Marin County. The
Committee identified the following California cities which have established "pay for performance"
programs and. criteria:
Town of Tiburon
STAFF REPORT
. . . . . . . .. . . . . . .. . . . . . . . . . . . .. .. .. .. . .. . . .. .. .. .. .. . .. .. .. . .. .. .. .. .. . .. ..
. City of Belmont . City of Fremont
. City of Claremont . City of Modesto
. City of Concord . City of Oceanside
. City of Dublin . City of Salinas
. City of Napa . City of Irvine
. City of San Jose . City of Santa Barbara
. City of San Francisco . City of Santa Monica
. City of Long Beach . City of Carls bad
The committee attempted to garner the most important points from each of the programs it
reviewed and make them applicable to the Town of Tiburon. It relied upon already established
concepts (such as goal-setting) within the Town's current performance evaluation system and
attempted to create standardized definitions and criteria upon which an employee can be
evaluated for meritorious performance. In other words, the committee tried to define what
constitutes outstanding performance as a member of "Team Tiburon."
The committee also relied upon the ICMA (International City/County Management Association)
treatise on "Employee Evaluation and Development: The key to performance improvement" as a
reference tool. \,
Timeline
The committee presented its draft program and policy at the annual staff retreat in Healdsburg
on October 26, 2004; the Town's department heads subsequently met in December of 2004 and
added their comments and suggested revisions. The committee met with the Town Manager in
January of 2005 to continue to refine the program, after which a brief synopsis was presented to
the Town Council at the Council/Staff retreat in February 2005.
PROGRAM ANALYSIS
The Merit Pay Program (Exhibit B) consists of three components:
. criteria which make up meritorious performance,
. a process which requires communication between a supervisor and an employee, and
. a scoring system which provides some transparency to the compensation adjustment.
process.
The Merit Pay Program has two criteria for measuring performance: organizational values and
job performance standards, and job objectives. In order to be eligible for merit pay increases, an
employee is expected to perform well in both areas. Organizational values and job performance
standards apply to all members of Team Tiburon. Organizational values reflect an individual's
contribution to the team. Job performance standards reflect job skills as they relate to a position.
Job objectives are projects or tasks which are results oriented, realistic and attainable, and
measurable. These are similar to the goals which are part of the current manager and mid-
manager job evaluation process.
April 1, 2005
Page 2 of 4
Town of Tiburon
STAFF REPORT
. \II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Merit Pay Program establishes a process that requires open communication between a
supervisor and employee in establishing and weighting job objectives, as well as agreeing on
what would constitute meritorious performance as it relates to organizational values and job
standards.
Finally, the Merit Pay Program uses a scoring system to determine compensation for meritorious
performance. The scoring system is intended to ensur~ that employees are performing well
across all criteria and exceptionally in at least some aspects of their job to receive a salary
increase; The scoring system is also designed to provide consistency across Town
departments.
This program is different from past practice because it establishes a known compensation
adjustment (at least 5%) which an employee can strive for if he or she does a meritorious job.
\-.
The scoring system is somewhat rigorous; it is anticipated that not every employee will be
eligible for the full merit increase (5%) that will be budgeted for the program at the beginning of
the fiscal year. Nevertheless, the idea is to "set the bar high" and to reward outstanding
performance.
Financial Impact
/
While there is an inherent financial impact in implementing this program (after all, it is a means in
providing pay increases to employees), any additional financial impact cannot be known at this
time. Th~ Merit programwill be pre~funded through the budget adoption process and the
payouts not known until the end of the year (based upon performance r f1owever, it is unlikely
that there will be notable overall financial impacts to the Town.
Proposed Implementation
Clearly, this type of program will require time to properly implement since it requires a year of
preparation (goal setting and regular reviews) before the final evaluation and the performance
reward. Department heads will be reviewed by the Town Manager using the present year's
goals and objectives as a model of the proposed program.
When the draft program was presented to the Town Council at the Council/Staff retreat, the
Council's primary concerns centered on other cities' experiences with merit pay programs. Each
city is unique and would therefore have differences in their program. Also, many cities claim to
have pay-for-performance systems, but they are not memorialized. However, in conversations
with the Marin managers where such programs exist (San Rafael), he indicated that their
program is effective and highly successful and have required little modification over the years.
It is contemplated that the program, if adopted, will continue to be "fine-tuned" once it is
implemented and utilized in the upcoming fiscal year.
April 1, 2005
Page 3 of 4
Town of Tiburon
STAFF REPORT
,1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RECOMMENATION
It is recommended that the Town Council approve the proposed Merit Pay Policy and
Compensation Program and direct staff to make it effective July 1, 2005.
EXHIBITS
Exhibit A - Town of Tiburon Compensation Policy
Exhibit B. - Town of Tiburon (Draft) Merit Pay Program
April 1, 2005
Page 4 of 4
:\
,
EXHIBIT No.A
TOWN OF TIBURON
Number:
Effective:
Authority: .
1
8/15/01
Council Motion
Town Council Policy
COMPENSATION POLICY
The Town desires to attract and retain professional, competent and qualified employees
to carry out the Town's public service mission. In order to assure quality customer
service, superior performance, innovation and accurate work product, employees need
to feel satisfied and fulfilled in their employment.
To that end, the Town will offer challenging positions in its workforce, adequate tools to
perform effectively and safe and secure facilities: to carry out one's duties.
The Town desires to compensate employees competitively for si'!lilar positions in the
local market. Recognizing the Town's limited revenue sources, the Town will attempt to
cdmpensate positions based upon prevailing wages, the economy, the Town's financial
condition, and individual performance. Within the market for each type of classification,
the Town will strive to achieve the average salary range as surveyed for local
communities.
As the economy adjusts, in order to remain competitive in the marketplace,
compensation must adjust accordingly. Compensation will be adjusted annually by a
cosJ of living indicator.
The Town-believes. in reward ing exceptional performance. The Town will offer-merit
adjustments when performance warrants such. Such adjustments will be awarded upon
the completion of a comprehensive written performance evaluation.
The Town's benefit package will remain competitive within the local market and will
reflect benefits needed and desired by the employees. When evaluating benefits, the
Town will consider the cost, flexibility and the content of the benefits.
"
Adopted August 15,2001
Town Council Policy
EXHmIT NO.~
Number:
Effective:
Authority:. Council Motion
,
TOWN OF TIBURON
MERIT PAY PROGRAM
Salary adjustments beyond cost-of-living adjustments (COLA) shall be
determined based on an employee's performance. The pose of the Merit Pay
Program is to provide a clear tool for use by an employeeir supervisor, and
the Town Manager in establishing criteria for meritorio rformance and in
measuring the performance of each employee.
This program implements the Mid-Manageme rofessional
Employees Recognition and Incentive Co~p,}nsation Program, 'ch seeks to
enhance the professional growth, motiva~i~:~? and 10y~I~~ of mid-m1';~.~ment,
professional and confidential employees a . ." pro iter a consistenti~)'tligher
level of service to the public.
DEFINING MERIT
,)';,-'':::\:,-f,:i:.)
What is meritorious? T~~~which d~~~rve~t?~arclprMeritocraCy: a
system in which adval'l~~r[l~l'lt is base.(jj;0~;gbilitY0r}9Qhievement. Merit is what
is valued by the 6rg~mi:zaiion;".ufl,;iS refleql~dby excellence or superior quality of
work or serviQe prQyided.,:.
',3.'"
"....'" ^:"/-.:':"'-:",
We~~;rr defines a'b1~,it S,<,~;[''' as "a system by which appointments and
prom . . ns in the civilt' 1" rviceq~fl,based on competence rather than political
favoritl ,,- ..
The Merit Pay Pro; m has two components: 1) organizational values and job
performance standards; and 2) specific objectives. In order to be eligible for
merit pay increases, an employee is expected to perform well in both areas.
Organizational values and job performance standards relate to an employee's
role within Team Tiburon, including ongoing tasks and responsibilities; job
objectives are those aspects of a position that relate to one-time projects or
targets and have measurable results.
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~ j
Any employee who successfully performs the duties defined in their job
description is eligible for a cost-of-living increase, whether or, not they receive
merit pay. '
I. ORGANIZATIONAL VALUES AND JOB PERFORMANCE STANDARDS
-
Organizational values and job performance standards are intended to measure
an employee's effectiveness as an individual employee and as a member of the,
larger team and serving the larger community. E,mployees are rated on their
conduct as a part of team and in their performance of their osition.
ORGANIZATIONAL VALUES. These five criteria refl
Tiburon, which places emphasis on fostering a pO~ti~;.!ccc '
where individual members of the team work togetherto
goals.
values of Team
-do" environment
lish organization
.,..",.' .,,,..
a. Customer Service - Is responsive)t$;~Gblic que9tions and~&~:~ents;
responds to inquiries in a courteous}~~? time.IY;!1)1Ianner; deliver9'
consistent, reliable information that isceasil8erstood by lay people and
professionals alike; deliver is free from sonal judgment or opinion.
b.
ing and diligent; maintains agreed
ick leave appropriately; is available
from Ime outside of regularly scheduled
need 'arises.
c.
d:>~~dgmentllnitia~iXr - Us.~~good judgment and common sense in making
d~~i~ions. Work.~;~ith others within the organization who will be impacted
byagyisions and:.~~tions. Makes ethical decisions and encourages
others/to do the .same.
J
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\
2
~~
JOB PERFORMANCE STANDARDS. These five criteria reflect the skills and
expertise that each employee brings to his/her job and the effectiveness with
which those skills and expertise are utilized in performing his/her job.
f. Job Knowledge - Applies skills, methods, techniques, policies and
procedures necessary to perform the functions outlined in job description.
Continues to grow professionally through participation in outside and in-
house educational programs,.
. 0
h. Oral Communication - Public speakin~i;,~~Jllsare well- ~~,~ginated,
effective, accurate and persuasive. ,i'~ tens actively and shiares
information appropriately.
uties in an efficient
erformance of
g. Job Competence/Quality/Productivity'::" Performs ,'0
manner; ensures accuracy and thoroughness i
duties; completes tasks within established,ti
I. Written Communication :- Staff repo
are accurate and succinc swell ase
j. Fiscal Management - Resp;; ation for the budget
process; processes financia;'x,ms i~':~~;~g~u\i\and timely manner;
operates withi~',~~X,,'~llgcated o~g~~~,;iusing~~~~J1 resources in a cost-
effective wax;;,~r0perly)'~~timate~it~tme and costs; uses materials, supplies
and equiprri~mt resporisI~ly. ,i' ,
II. JOB OBJECTIVES
t an employee is trying to achieve during a specified
"oints on the way toward realizing a goal.
Job ob ,,;~ii~es are one-:!~e projects or targets that generally result in the growth
or improve~iint of the e~~loyee's department, the Town and/or the employee's
ability to effe~\it~~ly pe'*" in his/her position. Although they are listed as a one-
time event, the0 0 f time required to accomplish an objective will vary.
Some maybe cOB.,~ ed in less than one year; others may take more than one
year and be brokeri'down into components with individual deadlines.
Job objectives may be established for a goal as a means of identifying how a
goal will be met. Objectives are specific and can be measured. A well-written
objective has the following characteristics: understandable, results oriented,
realistic and attainable, and measurable.
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Employees are rated based on whether they completed, completed with
exceptional results, or did not complete the objective. Exceptional performance
on an objective is defined as:
Overall performance that exceeds what is expected in most areas of the
objective. For example, an objective is completed with results that are
higher or more valuable than anticipated. The objective may be
successfully completed sooner and/or utilizing fewer resources than
originally anticipated.
III. DETERMINING MERIT PAY
It is the intent of this policy that employee and supe 41flgree on the
organizational values and job performance stan.~ar s, andql:f~)'jjob objectives that
will be used to evaluate the employee. It is al~~>jMe intent of'~t~.~i,pOliCy to provide
a structure for dialogue between employee.~@gisupervisor througMput the
evaluation period to measure progress..~' '<'<C'
~'j,~,~{?:::_:,~,
'(;~~:~~:~~gf~' .
Below are the Merit Pay Worksheets whichsgi:iJJ p ed to calculate eligibility
~''':;~,:_:{:'''' ~(j.
for and amount of a Merit Pay ingrease. The foiI~,.. Ing steps shall be used to
, develop and utilize the Workshee
(sheW ,[,,;gteeonj6b objectives for the
evalu~ti~.~f en0~l}le tIl,.\~.I~tive weight of completing each job objective. No
fewer,tlnan three (3)(0!!?jecfiv~sare to be identified.
.':":,..:,-~<,"'- ../!:pr<,': "JF.<:_
-yo /,,; .. "'1::;.;:-'>\
Ste 2r;l:nid evaluation~~iod :",i\t the mid-term of the evaluation period, the
employee;;!l'ld supervisqti:.$hall meet to review performance and to reaffirm
mutual expeGt~tions. Q.!0l~nges to the weighting of organizational values, job
standards, or job'~~Jj'Gtives can be made at this time. All changes must be
supported in writing,...
'':*~i'ls'
Step 3 (at the end of the evaluation period): Prior to review by the supervisor,
the employee shall prepare a self-evaluation. The self-evaluation shall consist of
scoring of the organizational values and job standards, and job objectives using
the values identified in the worksheets. The self-evaluation shall also include a
narrative description supporting the score assigned.
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Step 4 (at the end of the evaluation period): The'supervisor shall review the
employee's self-evaluation and prepare his/own evaluation of the employee. The
supervisor may use the employee's self-evaluation in preparing his/her
evaluation. The employee's evaluation shall include scoring of the organizational
values and job standards, and job objectives and a narrative description
supporting the score assigned.
Step 5 (at the end of the evaluation period): The employee and supervisor shall
meet to finalize the employee's evaluation. At this time, the process shall also
begin for the following evaluation period.
'{0,~;/
. ..,c<<'.-.',}""
~_:.:,:\.: f{j:" .
To determine the merit pay increase that an employ:~!~m"~:searned for the
evaluation period, the Table below shall be used. ~~~;'s6,g>J;tng from Tables A and
B are combined to determine where on the rang (jt~availc1tDie!{,n.,. erit increases
<1"'<>
and employee falls. This determines the merit increase tA'h mployee has
earned.
A minimum of 250 total points, with at leas
,an employee earns a "0" in any 0
to which a weight of greater tha
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WORKSHEETS
Table A: Or anizational Values & Job Performance Standards
Organizational Values & Job Performance Standards:
Discuss effectiveness, im acts and obstacles
(Or anizational Values)
Or anizational Value a: Customer Service
Or anizational Value b: Attitude/Teamwork
Or anizational Value c: Work Ethic'
Or anizational Value d: Jud ment/lnitiative
Or anizational Value e: Leadership/Motivation
Job Performance Standards
Job Standard f: Job Knowled e
Job Standard : Competence/Qualit /Productivit
Job Standard h: Oral Communication
Job Standard i: Written Communication
Job Standard ': Fiscal Mana ement
Weighted
Score
~.~,i~aional value or job
Improvirig:perfdrmance oLan
,edtol:>y~sl!P~rvisor and employee for
andard for the' erformance review period.
POINTS
\
\
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'~
Table B: Job Ob'ectives
Summary of each objective, and discussion of
completeness, timeliness, effectiveness/impact, and
obstacles
Job Ob' ective1 :
Job Objective 2:
Job Ob'ective 3:
Job Ob'ective 4:
Job Objective 5: '
Weight Score
Weighted
Score
Scoring:
1 - Baseline rating; employee met the job objective or
objective for the performance review period.
2 - Employee exceeded expectations in completi
extraordinary efforts to meet job objective
o ~ Emplo ee did not attem t to meet the 'ot:>
SUBTOTAL TABLE B =
TOTAL SCORE (both tables)-
SCORING:
250 - 299 points
300 - 349 points
350 - 400 points
gre
ble A to be eligible fora -Merit Pay
eases will not be considered if an employee earns a
category found in Table A to which aweight of
ssigned,
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IV. BUDGETING FOR MERIT PAY ADJUSTMENTS
The 100% merit increase (350 - 400 points) shall never fall below 5%. The
percentage increase will be established by the Town Manager at the beginning of
each evaluation period (fiscal year). This will help the employee and their
supervisor understand what the "value" of the merit program is in terms of actual
increases available.
,V, ADJUSTMENT TO COMPENSATION
In addition to the annual cost of living (COLA) salary increase, merit pay will be
calculated onthe following basis for the pertinent revi riod:
a. Base pay Salary Adiustment - Employee ho e not reached the
maximum of their salarY range will b igible for meipay based on
the employee's base pay at the t,' f the performanc"i valuation;
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8
STAFF REPORT
AGENDA ITEM
?
'~-'
"
Town of Tiburon
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TO:
Mayor and Members of the Town Council
FROM:
Heidi Bigal!, Director of Administrative Services
Brian M, Stott, Administrative & Financial Analyst
MEETING DATE: April 6, 2005
REVIEWED BY:
SUBJECT:
Adoption of Personnel Rules & Regulations
Adoption of Employer-Employee Relations Resolution
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Background
The Town's Personnel Rules & Regulations (Rules) and Employer-Employee Resolution
(Resolution) were each last revised in 1984. To bring them into compliance with state and
federal laws and to have them reflect current Town practices and new policies, Town staff has
revised both the Rules and the Resolution.
Attached, you will find the following exhibits for your review:
1. Draft Personnel Rules & Regulations
2. Current Personnel Rules & Regulations (Last revised April.4, 1984)
3. Draft Employer - Employee Relations Resolution
4. Current Employer - Employee Relations Resolution No. 2227 (Adopted May 30, 1984)
I
The Rules are required pursuant to Chapter 3 of the Town Municipal Code, which requires the
Town to establish a personnel system. The Rules set up processes for recruitment, selection,
retention of employees and general employment policies and procedures to enable the Town to
compete for highly qualified personnel with similar organizations.
The purpose of the Resolution is to implement Chapter 10, Division 4, Title 1 of the Government
Code of California (Sections 3500 et seq.), and provides for the orderly procedures and
administration of employer-employee relations between the Town and its employee
organizations (unions) and for resolving disputes regarding wages, hours and other terms and
conditions of employment. Some of the major matters covered in the Resolution are employee
grievance procedures, impasse procedures, recognition procedures foremployee organizations
and the scope of meet and confer and meet and consult procedures.
Town staff, with the assistance of an outside labor attorney, underwent an extensive review and
update of the Rules and Resolution, but paid particularly close attention to the Rules since
several internal policies and significant state and federal laws such as the Family Medical Leave
Act (FMLA) have changed or been implemented since its last adoption in 1984.
The Town was required to meet and consult with its two employee organizations ab9ut the
proposed changes. The Town's two employee organizations are the Marin Association of Public
Employees (MAPE), which represents the majority of the Public Works Department employees,
STAFF REPORT
\
Town of Tiburon
. . . . . . . . . . .. . . . . .. . . . . . .. . .. .. .. .. .. . . .. .. .. .. .. . .. .. .. .. . .. .. . .. .. .. .. .. ..
as well as the Town Hall clerical employees and the Tiburon Police Officers Association (TPA),
which represents the classifications of Police Sergeant, Police Officer and Police Service Aide.
A letter notifying e9ch union of the Town's intent was sent to the union representatives on
March 3, 2005 with copies of the existing and draft versions of the Rules and Resolution.
The MAPE representative provided cqmments regarding the Rules. Their primary concern was
ensuring consistency between the Rules and MAPE's Memorandum of Understanding (Contract)
with the Town. As a side note, MAPE's contract expires June 30, 2005 and MAPE and the Town
will be negotiating a new contract this spring. Staff explained that the Rules are consistent with
the MAPE contract and that any future negotiated provisions in the contract would supersede the
Rules.
The TPA also did not have any significant objections with either document.
Copies of the Rules were also provided to the Town's unrepresented classifications to give them
an opportunity to review and make comments. Some comments were received but no significant
substantive changes were implemented.
In all cases, the Town comp!ied with state labor laws requiring changes to such significant
documents. .
Major Changes
The major changes to the Personnel Rules and Regulations center mainly with the introduction
of Family Medical Leave requirements and Policies Governing Conduct as found in Rule IX and
Rule XIV.
With the exception of minor clean-up language, there are not any major changes to the
Employer-Employee Relations Resolution.
Personnel Rules & Reaulations
The Rules went through an extensive review and the draft Rules have several modifications
clarifying language, new policies as well as new items required by either state and or federal law.
There are several modifications throughout the Rules cleaning up language and better defining
certain sections. The following is a summary of those modifications:
=:> Rule I, Section 3.2 was added to clarify to whom the Rules apply.
=:> In Rule I, Section 4.J, replaces the term "close relative" with "close relation" to reflect a
broader definition of today's family structure.
=:> Rule II, Section 3, further defines and restricts Town exceptions on the simultaneous
employment of close relations in the same department.
April 1, 2005
page 2 of 4
.'
STAFF REPORT
...;,
Town of Tiburon
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
=> Rule VII, Section 1 lists specific hours of work in the current Rules but the draft Rules
eliminate specific listing of hours and instead defers to an employee's Memorandum of
Understanding or employment agreement.
=> Rule VIII, Section 3 provides a more accurate definition of the different procedures
between union and non-union represented employees in regards to salary advancement
in the draft Rules. The current Rules do not differentiate between union and non-union
represented employees.
In addition, the following is a summary of the policy changes reflected in the draft Rules which
are silent in the current Rules:
=> Rule IV, Section 5 expands the definition on the limitations of Town employees outside
employment to include the prohibition of using Town equipment.
=> Rule V, Section 2 adds language to distinguish each position as exempt or non exempt
with regard to overtime pay under the federal wage and hour laws. This reflects current
Town practice. -
=> Rule XIV, Section 4 is a new policy that limits a Town employee's ability to participate in
political activities during work hours. '
New laws have also been enacted since the last update of the Rules, which have been
incorporated. in draft Rules.
=> Rule X, Section 8, addresses the Family Medical Leave Act (FMLA) of 1993 by adding
language into the Town's Rules which reflect this federal law.
=> Rule X, Section 10.0 provides Town employees the ability to participate in up to 40 hours
of school or daycare related activities per year as prescribed by state law.
=> Rule XIV, Sections 1-3 and Section 5 deal with discrimination, sexual harassment,
conflict of interest and a drug free workplace, which brings the Town's Rules into
compliance with federal and state laws.
Emplover - Emplovee Relations Resolution
With the exception of minor clean up language to help better define certain sections of the
Resolution, there are no major substantive changes in the draft Resolution.
April 1, 2005
page 3 of 4
"
Town of Tiburon
STAFF REPORT
.It.~
. . . . . .. . . ..s . .. . . . . . . . . . . . . . . . . . . .
Recommendation
It is recommended that the Town Council adopt the attached resolution Exhibit 5 which:
. Repeals the existing Personnel Rules & Regulations and adopts the draft Personnel
Rules & Regulations; and
. Repeals the existing Employer - Employee Relations Resolution No. 2277 and adopts
the draft Employer - Employee Relations Resolution.
Exhibits
1. Draft Personnel Rules & Regulations
2. Current Personnel Rules & Regulations
3. Draft Employer - Employee Relations Resolution
4. Current Employer - Employee Relations Resolution (Resolution No. 2227)
5. Draft Resolution
April 1, 2005
page 4 of 4
,
EXHIBIT NO. \
/
TOWN OF TIBURON
PERSONNEL RULES &
REGULATIONS'
., \,
,TABLE OF CONTENTS
Page No.
RULE I. PERSONNEL SYSTEM.. .... ........ ...... ........................... ............................ .... ............ 1
Section 1. Personnel System - Established: Purpose ........................................................ 1
Section 2. Personnel Officer'- Duties and Powers............................................................. 1
Section 3. Personnel System...... ........ .............................................. ............................ ...... 1
Section 3.1. Personnel Rules and Regulations......................:.......................................,. l'
Section 3.2. Application........... ......................... ......... .................................. ................... 2
Section 3.3. Salary and Benefits Plans............................................................................ 3
Section 3.4. Administrative Policies of the Town Manager ..........;................................ 3
Section 3.5. Memoranda of Understanding ........ ....... ............,........ ........... ..................... 3
Section 4. Definition 'of Terms........... .......... ............... ..... ........... ...... ............ ................: .... 3
Section 5. Violation of Rules......................... ............. ............................. .... .....................; 6
RULE II. APPLICATION AND APPLICANTS .....................................................................6
Section 1. Applications ....... .......... ......... ................. ....... .................,.................................. 6
Section 2. Disqualification of Applicants ..... ............ .............. ............... ..... ...... ................. 6
Section 3. Exceptions: Employment of Close Relations .................................................. 6
RULE III. SELECTION FOR EMPLOYMENT OR PROMOTION .................................... 7
Section 1. Examinations Required ....... :.... ...... .... ..................... ........ ......... ..'...,........... ........ 7
Section 2. Nature of Examinations ............... ............ ......... ...... ................... ......................... 7
,
Section 3. Scope of Examination. ...... ....:. ..;.... ................. ............ ..................... ........... ...... 7
Section 4. Qualifying Grades and Rating Examinations .............................:..................... 7
Section 5. Notification of Results ..... .................. ........ ............................. ..........................7
Section 6. Establishment of Eligible List................... ........................................ ................ 8
Section 7. Effective Dates. ....~................................... ............. .... ........................................ 8
Section~. Removal of Names. ........... .....:....... ............ ..................................:.................... 8
Section 9. Appointing Authority.... ................ .............. ......... ......... ...... .............................. g.
RULE IV. APPOINTMENTS ............................~........................,.......... ...... ..................... ...... 8
Section 1. Types of Appointment ..,................................................................................... 8
Section 2. Preparation for Appointment. ................ ......... ............. ............................. ........ 9
Section 3. Provisional Appointment............................................................................. ./... 9
Section 4. Temporary Appointment... ............ ...... .... ...................... ...... ........ ...................... 9
Section 5. ,Limitations on Outside Employment................................................................ 9
31252.001 3274412
Page No.
RULE V'. CLASSIFICATION OF POSITIONS................................................................. 10
Section 1. General....... ....... ............ ........................:.... ............................... ......... ............. 10
Section 2. Exempt/Non- Exempt Designation ................. ... .......... ...... ............ .......... :.... .... 10
Section 3. Preparation of Plan.~.......... ................ .,............ .................. .......... ..................... 10
Section 4. Changes in Duties of Positions ........................:............................................... 10
Section 5. New Positions. ...... ....... ...... ............;.......... ....... ..............;........... ............. ......... 10
Section 6. Position Description~... ........ .......................... ............. .................... ........,' ........ 10
Section 7. Reclassification...... ........................ ........... .............. .........:...... .............. ........ .:. 11
Section 8. Advancement Salary Limitations................ ..................... ........ ........ ....;..... ...:.. 11
Section 9. Transfer......................... .................. .............. ....... ........................................... 11
RULE VI. PROBATIONARY PERIOD .........................,.................................................... 11
Section 1. Period. ..................... ...................... ...;.. ..... ....................... ...... ..... ...................... 11
Section 2. Objectives of Probationary Period.... .......................... ........ ................ ............ 12
, Section 3. Extension of Probationary Period ...............................................:................... 12
Section 4. Regular Appointment. ............. ...... ...:........... ...........................:... .................... 12
Section 5. Rejection of Probationer ........... ......... ......... ............................. :............. ......... 12
RULE VII. HOURS OF WORK AND OVERTIME ............................................................ 12
Section 1. Schedule of Ordinary Work Week.................................... .......... .................... 12
Section 2. Flex Time........ ....................:.................. ................................................ .... ..... 12
Section 3. Overtime ...... .............. ..... ..... ....................................................... ........... ......... 12
RULE VIII. COMPENSATION....... .... ........ ..................... .......:............................ ................. 13
Section 1. Preparation ofSalaty and Benefits PlailProgram........................................... 13
Section 2. Salary and Benefits Plan Explained................................................................ 13
Section 3. Salary Advancement...... ......... ...... ...............................;................... ............... 13
Section 4. Withholding Advancement ....'................... ......... ....... ...... ......................... ....... 13
Section 5. Effect of Salary Adjustments.. ........ ............. ..............;.... ........ ...... ............. ..... 14
Section 6. Reclassification;.......................................... ... ..:.....................:...... .................. 14
Section 7. Demotion..................................;...................................................................... 14
Section 8. Anniversary Date... ................. ............. ................................................ ........... 14
Section 9. Schedule for Computirig Fractions .................................................................14
Section 10: Pay Periods......... ............... ................................................ .,..................... ........ 14
Section 11 Reimbursement for Job Expenses.... ............................... ....................... ...... ... 15
11
3273147
Page No.
Section 10. Compensation for Part-Time Employees............................................:........... 15
RULE IX. LEAVES OF ABSENCE....................................................................................15
Section 1., Legal Holidays................. ..... .,............... ........ ..... ;:........... ...... .'. ........................ 15
Section 2. Sick Leave.... ............ .:.... ......... .... ......... .... ................ ..;..... ................. ............... 15
Section 3. Sick ,Leave Accumulation.. ......... ...... ....... ..... ................. ..... ...... ...................... 16
Section 4. Sick Leave Notification and Proof of Illness. ................................................. 16
Section 5. Proof of Illness... .'............. ................ ........................................... .................... 16
Section 6. Industrial Accident Leave ....................................:.......................................... 16
Section 7. Leave With Pay............. .............. ................... ................. .................................. 16
Section 8. Family and Medical Leave................~............................................................. 17
Section 9. Pregnancy/Matemity Disability Leave .....................:..................................... 20
Section 10. Other Leaves of Absence ................................................................................. 21
Section 11. Personal Matters or Hardship.......................................................................... 23
Section 12. Administrative Leave ............... ..................... .............. .......... ....... ......... .......... 23
RULE X. REPORTS AND RECORDS ..................................................:................:.......... 23
Section 1. Roster Card.. ............................ .............. ....'........... .......................................... 23
Section 2. Reports to the Pers~nnel Clerk .....................................~..;.............................. 23
Section 3. Access to Administrative Records. .................................................................23
Section 4. Evaluation of Performance ...... ....... .................. ............. .... ...... ....................... 23 .
Section 5. Accident Reportse ...............~....~. ~....................~ ~.~~: ~,.'."""'" '_~.~'" ~..~~ ~,.'~,'_'.",,"""""'''' ~,24
RULE XI. TRAINING OF EMPLOyEES................ ....................... ..................... ........... .... 24
Section 1. Responsibility for Training...... .............. ....... ,..... ....... ~... ...........................~..... 24
Section 2. Credit forTraining. ............ ........ .....:....... ......... ........................ .:.... ................. 24
Section 3. Training Expenses....................... ....... .;..... ........................ .............................. 24
RULE XII. EMPLOYEE MORALE AND WELFARE........................................................ 24
Section 1. Powers of Investigation.......... .......~.................;............................. .................. 24
Section 2: Employee Grievance............................. .......................... ...:........ .............. ...... 24
Section 3. Employee Grievance Procedure............. .......;............ ............... ...................... 24
RULE XIII. DISCIPLINARY ACTION/SEPARATION FROM THE SERVICE..........:..... 26
Section 1. Types of Disciplinary Actions .........:...:........................:..:...................:.......... 26
Section 2. Notification of Action.......... .......... .......... ................;... .............. .............. ........ 27
Section 3. Suspension. .................................. .... ..:.............. :.. ',' ......................................... 27
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Page No.
Section 4. Demotion..... .... ..... ...,........ ........ ........ ........... ........ ...... ...... .................... ........ ..... 27
Section 5. Reduction in Salary....7........................ ....., .... ........................... ......................... 27
Section 6. Discharge ........ ................ .......................... ................................................. ..... 27
Section 7. Causes for Discipline ................... ........ .:...... ..................... ........... .................... 28
Section 8. Appeal................................... ...... ........ .......... ......,.................. ..........,.............. 28
Section 9. Layoff.......................,........ .............. ........ ........................... ...................... ....... 28
Section 10. Resignation... :......... ........ .................. ..................... ...!....... ............ ...... ...... ....... 28
Section. 11. Abolition of Position............ .................. ......,.. ....................... .......... ............ .:. 29
Section +2. Compensation Upon Separation ............. .....................:: ................... .............. 29
RULE XIV. DISCIPLINARY ACTION/SEPARATION FROM THE SERVICE................ 29
Section 1. N 6 Discrimination.................;...,..................................................................... 29
Section 2. Sexual Harassment Policy......... .......... ............ ................................. ............... 30
Section 3. Conflict of Interest.......... ...................... :............................ .................~........... 31
Section 4. Political Activity............. ..... ..... .............. ........,............................................... 31
Section 5. Drug Free Workplace Policy.............................................:............................ 32
Section 6. Drug! Alcohol Policy..... ................ ......................... ..,......... ............. ............ ..... 33
\,
IV
3273147
, "
PERSONNEL RULES AND REGULATIONS
RULE I.
PERSONNEL SYSTEM
Section 1. Personnel System - Established: Purpose: Pursuant to Chapter 3 of
the Town Code, the Town of Tiburon has established a personnel system. The purpose of the
personnel system is to assure: recruitment, selection, and retention of employees on the basis
of merit; promotion on the basis of demonstrated ability; and compensation and personnel
practices that will enable the Town to compete for highly qualified personnel with similar
organizations.
Section 2. Personnel Officer - Duties and Powers: The Town Manager, or his or
her designated appointee, shall be the Personnel Officer. The Personnel Officer shall:
administer the position classification plan and recommend appropriate and necessary
revisions; administer salary and benefits plans; keep an official roster of officers and
employees, and maintain such other records as may be required; enforce the provisions of
these rules; and perform ' all lawful and necessary duties essential to the effective
administration of the personnel system, including such additional rules and regulations
revisions as may be promulgated from time to time pursuant to these rules.
Section 3. Personnel System: The established personnel system for the Town
shall consist of the following:'
1. Personnel Rules and Regulations.
2. Salary and Benefits PHms.
3. Administrative Policies of the Town Manager.
-- 4.-- - Memoranda.ofUnd,erstanding..-.,--
5. Additional rules and regulations promulgated pursuant to these rules.
Section 3.1. Personnel Rules and Regulations: ThePersonnel Officer shall
administer the personnel system in accordance with personnel rules and regulations adopted
by resolution of the Town Council. ,The Town Manager shall prepare and present proposed
rules and regulations to the Town Council. Personnel rules and regulations shall provide for:
a. the classification of all employed positions based on the duties,
authority and responsibility of each position with adequate provisions
'for reclassification of any position whenever warranted;
b. methods for determining the merit and fitness of candidates for '
appointment or promotion;
c. policies and procedures concerning reductions in force and removal of
employees;
1
3274412
/1
d.
policies and procedures governing relationships with employee
organizations;
e. grievance procedures;
f. ' procedures for disciplinary actions for just cause; and,
g. other related policies and procedures.
Some of the elements of the Personnel Rules and Regulations may be set forth in separate
documents.
Section 3.2. Application:
These Personnel Rules and Regulations shall apply to all officers and employees in
the service of the Town except the following unless otherwise noted:
a. Members of the Town Council
b. Members of appointive boards, commissions and comm*ees
c. Persons engaged under contract to supply expert, professional or
technical or any other services
d. Volunteer personnel
e. Town Manager
f. . Town Attorn~y
g. Department Heaos "and 6ther.managementpositibUS so-designated by
the Town Council, except where expressly provided by the Town
Council, insofar as their Employment Agreement supersedes these
Personnel Rules and Regulations
h. Emergency employees who are hired to meet the immediate
requirements of an emergency condition, such as extraordinary fire,
flood, earthquake, etc., which threatens life or property
1. Employees, other than those listed elsewhere in this section, who are
not regularly employed in regular full-time or regular part-time
positions
J. Temporary or seasonal employees, whether part-time or full-time
k. Any position primarily funded under a State or Federal employment
program
2
L Any new position hereafter created by the Town Council, unless
declared by the Town Council to be in the competitive service at the
time of creation or thereafter
Section 3.3. Salary and Benefits Plans: Salary and Benefits Plans shall be
established by resolution of the Town Council from time to time. The Plans shall set forth
those benefits including', but not limited to, health insurance and retirement which may be
provided for employees, and the methods of participation. Salary and Benefits Plans
resolutions shall, at a minimum, provide the following schedules:
a. The positions and retained services currently authorized;
b, The salary ranges applicable to each group of employees together with
the ranges applicable to each authorized position;
c; Apolicy outlining the use of allowances and other reimbursable' items;
and,
d. , A policy for the appropriation of benefits.
, Salary and Benefits Plans are int(;:nded to provide for the immediate personnel
requirements ofthe Town, and may, therefore, be amended from time to time by resolution to
fulfill municipal requirements.
The annual municipal budget shall make such appropriations as necessary to fund the
provisions of Salary and Benefits Plans.
Provisions of Memoranda of Understanding with recognized employee organizations
may contain provisions pertaining to salary and benefits that may be utilized by the Town in
lieu of a Salary and Benefits Plan,-
Section 3.4. Administrative Policies of the Town: Administrative policies of the
Town shall be promulgated by the Town Manager in writing to interpret, amplify or apply
the provisions of the personnel system, consistent with State law. These administrative
policies, unless modified or rescinded by theTown Council, shall have the same authority as
all other portions of the personnel system.
Section 3.5. Memoranda of Understanding: In the event the provisions of these
rules contradict those included in any Memorandum of Understanding adopted by the Town
Council, and in effect between the Town of Tiburon and a formally recognized employee'
organization, the terms ,of the Memorandum of Understanding shall prevail.
Section 4. Definition of Terms: The following terms, whenever used in these
Personnel Rules and Regulations shall be defined as follows:
3
A. Advancement: A pay increase within the limits of the salary range
established for a cla$sification generally, but not necessarily, based on a year ofsatisfactory,
continuous service.
B. Allocation: The official assignment of an individual position to its
proper classification in accordaIlcewith the duties performed, and the authority and
responsibilities exercised. .
C. Anniversary Date: ,The date that represents for an individual employee
the date used to compute changes in the~employee's salary and benefits. The employee's
date of hire will be adjusted to the closest first day of the month for ease of calculation and
administration.
(
D. Applicant: A person who has filed an application for an examination.
,E. Appointment: The offer to and acceptance by a person of a position in
accordance \V,ith the provisions of these Rules and Regulations.
F. Appointing Authority: The Town Manager and/or other official
designated by the Town Manager or Town Council having the power to make appointments
to the position to be filled.
G. ,Candidate: An applicant who is participating in an examination.
H. Certification: The act of providing verification of eligibility for
employment as provided for in these Rules and Regulations.
I. Class or Classification: A position or group of positions with duties
and responsibilities so similar that the same descriptive title, duties, recruiting standards, and
__~~l~:ry p=:mgegag b~appl!e.d'YHheqllity.
J. Close Relation:. Mother, father, mother-in-law, father-in-law,
grandmother, grandfather, son, daughter, husband, wife, brother, sister, son-in-law, daughter-
in-law, brother-in-law, sister-in-law, step-parents, or other person with whom an employee
has a special relationship based upon mutual love, respect and affection, such as a domestic
partner (as defined in Section 297 of the Family Code or subsequent law), significant other,
or fiance, as well as such other person's mother, father, mother-in-law, father-in-law,
grandmother, grandfather, sori, daughter, brother, sister, son-in-law, daughter-in-law, brother-
in-law, sister-in-law, step-parents.
K. Competitive Service: The positions that are included or which may
hereafter be included under the personnel system.
L. Date of Hire: The date on which the employee was officially
employed by the Town.
4
M.' Demotion: The change in status of an employee from a position in one
class to a position in a different class having a lower maximum rate of salary, and/which has
less difficult duties- and responsibilities.
N. Eligible. A person whose name is recorded on an eligible list and
who may be legally appointed to a vacant position in the competitive service in accordance
with these Rules aild Regulations. '\
O. Eligible List: A list of names of persons who have taken and passed
the examination for a position in the competitive service, and passed as provided in these
Rules and Regulations.
P. Examination: Any test or combination of tests used to measure
particular qualifications or abilities of candidates for a position.
Q. Memoranda of Understanding: Memoranda of Understanding are
signed agreements between recognized employee organizations and the Town, and which are
entered into pursuant to the Meyers- Milias- Brown Act.
R. Open Examination: A competitive examination for a particular class
in which all persons meeting the qualifications for the class, after submitting a proper
application, may participate, regardless of whether or not they are employed by the Town.
,J-
S. Probationary Period: A working, on the job, test period during which
an employee is required to demonstrate fitness for the duties to which the employee was
appointed, by actual performance of the duties of the position.
T. Promotion: The change in status of an employee from a position in
one class, to a position in a different class having a higher maximum rate of salary, and/or
--which has-more difficult. duties and responsibilities: -- ,_..-
U. Promotional Examination: A competitive exaITlination for a particular
class restricted to persons who are already a part of the competitive service and employed by
the Town.
V. Provisional Appointment: 'An appointment acquired by a person who
possesses the minimum qualifications established for a particular class and who has been
appointed to a position in that class in the absence of available eligibles.
w. Reclassification: The change in allocation of an individual position by
raising it to a higher, reducing it to a lower, or moving it to another class of the 'same level,
on the basis of significant changes in the kind or difficulty of duties and responsibilities in
that position. .
X. Reduction: A salary decrease within the limits ofthe pay range
established for a classification.
5
Y. Re-emploYment List: A list of names of probationary and regular
employees who are separated from the competitive service by abolition of position, lack of
work, or lack of funds.
Z. Regular Employee: An employee who has successfully completed his
or her probationary period and has been retained as hereafter provided in these rules.
AA. Reinstatement: The re-employment of a former employee without
examination within twenty-four (24) months following that employee's separation fromthe
servIce.
BB. Salary Range: A schedule of rates to be paid that is within specified
minimum and maximum amounts.
.CC. Suspension: The temporary separation of an employee from his or her
position for disciplinary purposes with loss of pay.
DD. Transfer: A change of an employee from one position to another
position in the same class or another class having the same pay range,. involving the
performance of similar duties, and requiring substantially the same basic qualifications.
Section 5. Violation of Rules: Violation of the provisions of these rules
constitutes grounds for dismissal, rejection, or other disciplinary action by the department
head or Town Manager.
RULE II.
APPLICATION AND ~PLICANTS
.section 1. Applications: Application for employment shall be made on forms
prescribed by the Personnel Officer. These forms may solicit information covering
-- ------- education,-experience;references~-and-otherpertinentitems:-Fingerprints-maybe.required~--
for sworn officers or for purposes of security. An application shall be completed and signed
by each applicant.
Section 2. Disqualification of Applicants: The Personnel Officer may refuse to
accept an application, or, subsequent to accepting an application, may disqualify a candidate
whenever it is found that the applicant does not possess the minimum qualifications for the
class or position, or has been dismissed from public service for delinquency, or has made
false statements of material facts in his or her application, or has practiced deception or fraud
in securing eligibility, or has otherWise violated the provisions of these rules. The cause for
rejection shall be entered upon the record ofthe' application aIld filed in conformity with
these rules, and the person affected shall be notified.
, ,
Section 3. Exceptions: Employment of Close Relations: The simultaneous
employment of close relations other than spouses or domestic partners in the same
department, shall not be allowed. However, the Town Manager may allow simultaneous
employment of close relations not in the same department.
6
The Town may refuse to place spouses or domestic partners in the same department,
division or facility whereon a case by case basis it is determined such placement has the
potential for creating adverse impact on supervision, safety, security, or morale, or where the
work involves potential co~flicts of interest or other hazards greater for married or
domestically partnered couples' than for other persons.
If co-employees marry or become domestic partners, the Town shall make reasonable
efforts to assign job duties so as to minimize problems of supervision, safety, security, or
morale~ In the event two persons employed in the same Town department marry each other or
become domestic partners, and would thereby fall within the prohibitions listed in this policy,
one of such employees shall be transferred to a comparable vacant position, if any exists, in
another division or Town department. Ifno comparable position is then vacant, the married
or domestically partnered employees may remain in their respective positions for up to six
(6) months. If any conflict exists at the end of six (6) months, the married or domestically
, partnered employees may designate the one to be terminated, or the employee with less
seniority will be terminated.
RULE III.
SELECTION FOR EMPLOYMENT OR PROMOTION
Section 1. Examinations Required: ,Written, oral, manual, and/or physical
examinations may be required for eligibility for any position with the Town as determined by
the Personnel Officer.
Section 2. Nature of Examinations: The examination process shall be impartial
and shall relate to those subjects, which in the opinion of the Personnel Officer, fairly
measure the relative capacities of the persons examined to execute the duties and
responsibilities of the position to which they seek appointment.
Section J. Scope ofExamimition: Examinations may include investigation of
-training afid-experiefice~-testsofaptittiQe, particular aoilities;generar aild-tecliiiicar ,-- --- - --- - -------.------ ----
knowledge, manual skill, physical and mental fitness; and such other tests as are required to
discover the capabilities of applicants relative to the duties of the position. Outside personnel
planning, analysis and recruiting assistance may be called upon to conduct portions of
examinations as determined by the Town Manager.
Section 4. Qualifying Grades and Rating Examinations: In all examinations the
minimum grade, or standing by which eligibility is to be determined, shall be based upon all
factors of the examination. Failure in one part of an examination may be, considered grounds
for declaring that the applicant has failed the entire examination or has been disqualified for
subsequent parts of an examination.
Section 5. Notification of Results: Each candidate shall be given written notice
of the examination results and, if successful, of final rating and relative order on the list of
successful candidates. Following any written examination, the examination key will be
available for inspection for three working days following such examination. Key inspection
shall be at such time and place and under such conditions of supervision that the Personnel
Officer may require. Any protest or complaint as to form, content, or administration of the
7
examination must be filed in writing with the Town Manager during this three day period.
Upon receipt of a test or item protest, the Personnel Officer shall review the basis for protest
and make a determination that the items shall stand) as keyed, be eliminated, or the key
modified and the test re-scored accordingly. Any candidate shall have the right to inspect his
or her own examination papers after all phases of the examination have'been completed and
scored, providing that he or she shall do so within thirty (30) days after the eligible list has
'been established. An error in grading or rating, if called to the attention of the Personnel
Officer within one month after announcement of examination results, shall be corrected.
Correction shall not, however, invalidate app,ointments previously made.
Section 6. Establishment of Eligible List: After each examination has been
scored and rated, the names of successful candidates shall be recorded in the order of their
standings on the examination.'
\
Section 7. Effective Dates: Eligible lists shall remain in effect for one year after
establishment. The effective date may be extended for a period not to exceed one year or
abolished before the expiration of the yearly period upon the recommendation of the
Personnel Officer and approval of the Town Manager.
Section 8. Removal of Names: The name of any person on the eligible list may
be removed by the Personnel Officer if: (I) the eligible person requests in writing that his or
her name be removed; (2) ifhe or she fails to respond to a written offer of employment
within five (5) business days next succeeding the mailing of notice; or (3) if a subsequent
report of a character investigation is unsatisfactory.
Section 9. Appointing Authority: The Town Manager may select for hire or
promotion, that individual who meets the needs of the Town, but for only those position
classifications provided for in the current schedule of authorized paid positions set forth in a
S ala!)'. ~_~..~~n_en!~_J>lall.l:)~..!!!_!l:1~...<?~~!!t,. .~~l:1~~~te:_l)f~~!Cl~~g~e~~Cl~~Cl!.e:l!1pl()~_e:nt. Such
action shall be based on merit.
I
RULE IV.
APPOINTMENTS
Section 1. Types of Appointment: All vacancies in the competitive service shall
be filled by reinstatement, re-employment, promotion, transfer, demotion or original
appointment from an eligible list.
A. Reinstatement: A permanent employee who has resigned in good
standing may be reinstated to a vacant position in the same class as his or her previous
position within a period of one year from the effective date of his or her resignation.
Reinstatement shall be on probationary status. After successful completion of the
probationary period, the employee shall be restored to full seniority as if service was
unbroken.
B. Re-Employment: The name of each employee who is laid offln
accordance with these rules shall be placed at the head of the eligible list for the class of
position which he or she held, and he or she shall be given preference in filling vacancies in
that class.
8
C. Promotion: In the event it is desirable to fill a vacancy by promotion,
the Town Manager may have an examination prepared and administered to those persons
holding positions in lower classes. The preparation ofthe examination and the certification
of eligible employees shall follow the procedure as for original appointment outlined in these
rules. >.
D. Transfer: Upon recommendation by the supervisor or department
head, and approval ofthe Town Manager, or upon the employee's request and approval of
the Town Manager, an employee may be transferred from one class in one department or
organizational unit to a position of the same class in another organizational unit, or to a
comparable class. Transfer shall not be used to effect a promotion, demotion, advancement
or reduction. Such transfer shall not result in a loss to the employee of any accumulated
vacation, sick or other accrued leave balances.
E. Demotion: A position maybe filled by demotion of an employee in
accordance with these rules or in the event of a necessary reduction in personnel due to lack
of work or funds. 'An employee may be demoted in preference to being laid off, not being
the result of disciplinary action.
Section 2. Preparation for Appointment: Insofar as practicable, vacancies should
be anticipated sufficiently in advance to permit the Personnel Officer to determine who may
be available for appointment, whether the position involved is properly classified, and if
necessary, to prepare a class specification and to proceed to establish a list of eligible
persons.
Section 3. Provisional Appointment: When. there is. no eligibility list, a person
meeting the minimum qualifications for the class/and acceptable to the department head may
be appointed temporarily upon approval of the Town Manager. Time spent under provisional
a.PP2!~!!llc;:_nt~h~lU2_~_~r~~!!~_~ to__t~~ P~9.~~tio~~ p~1j.9~~!.~s~d. for computing any privileges
accruing under the Personnel Rules and Regulations. ,.,.. . .... .----...----..---...-------.-.---------.,
Section 4. Temporary Appointment: When work loads occur which do not
require full time permanent employees, temporary help may be employed. Benefits,
including vacations and sick leave shall not accrue to temporary employees and such
employees shall not acquire permanent status for the period so employed. Temporary
employees serve atthe will of the appointing authority and may be discharged with or
without cause.
Section 5. Limitations on Outside Employment: No full time regular or
probationary employee may, for profit or reward, engage in any outside occupation,
profession or activity without first receiving specific authorization from the Town Manager
within the policy limits set by the Town Council. In each case; and after discussion with the
department head, the Town Manager shall determine whether the proposed activity is
compatible with ToWn employment, reduces the efficiency of the employee in Town
employment, or adversely affects the employee's availability to work overtime. Conflict of
interest must be completely avoided by Town employees to insure that a high standard of
ethics be maintained. Employees engaged in outside employment shall not use Town-owned
9
equipment, including but not limited to, telephones, computers, e-mail, facsimile machines,
copiers, automobiles, trucks, tools, supplies or any other Town property while engaged in
outside employment, or allow any unauthorized person to borrow, rent or use any of Town-
owned equipment or property.
RULE V.
CLASSIFICATION OF POSITIONS
Section 1. General: Each regular position in the competitive service of the Town
shall be classified by the Town Manager. The classification shall consist of a position
description setting forth the skills, experience and responsibility attached to the .position, and
the duties required ofthe position.'
Classifications may be changed on recommendation of the department head, with the
approval of the Town Manager, and shall become effective with the authorization of the
TownCouncil. In lieu thereof, the Town Council may initiate and make such changes in
classifications as it deems expedient and propeL
Section 2. Exempt/Non-ExemptDesignation: Each classification shall be
designated as either exempt or non-exempt. Employees will be informed when they are hired
if they are considered an exempt or non-exempt employee. Exempt employees are certain
iuiininistrative, professional and executive employees. Exempt employees are excluded from
specific provisions offederal wage and hour laws. At-will employees are not necessarily
exempt employees. Non-exempt employees are all other employees. Non-exempt.
employees are entitled to overtime pay under certain federal wage and hour laws.
Section 3. Preparation of Plan: The Personnel Officer, or any agency selected for
the purpose, shall ascertain and record the duties and responsibilities of all positions in the
Town. The classification plan shall establish appropriate titles for each class of po siti oris and
describe the typical duties and responsibilities of the positions in each class. The
. ,nclassincatioiiplaii-slialr.oeso(ieveropedandmaiiitained:-tliafall-positions-'suoshiiihall'/. n...._
similar with respect to the kind, difficulty, and responsibility of work are included within the
s~e class; that the same means of recruitment.can be used for filling all positions within the
class; and that the same schedule of compensation may be applied with equity under like
working conditions to all positions of the same class.
Section 4. . Changes in Duties of Positions: Whenever a need for change in the
duties and responsibilities of any position occurs in which matters of Classification may be ,
involved, the department head concerned shall notify the Town Manager. Ir'necessary, the
Town Manager shall study the matter and recommend to the Town Council abolition,
consolidation, continuance, or re-allocation of the position.
Section 5. New.Positions: Positions hereafter established shall be allocated to the
appr()priate existing class, orto a new classification by the Town Manager.
Section 6. Position Description: Each classification shall be designated as being
either exempt or non-exempt for federal wa~e and hour law purposes;
10
A. For purposes of compensation, any classification may be assigned to a
range within the group which, inthe opinion of the Town Manager, is equivalent to skills,
responsibility and experience of the employee so designated, and for which purpose funds
have been budgeted or. allocated.
The class or position definition shall not necessarily prescribe the complete duties of
any position nor limit the authority of management to prescribe or alter the duties of any
position.
'-
B. Examples of Duties: The list of examples of duties shall be illustrative
of the kind of work involved in positions in the class but not necessarily complete or all
inclusive. '
C. Desirable Qualifications: The statement of desirable qualifications
shall be a general guide for the,recruitment of employees. Certain qualifications, when not
, expressly stated, shall be understood as required. These include, but are not limited to the
ability to perform the essential job functions with or without reasonable accommodation.
Section 7. ,Reclassification: When a position is reclassified becau~e of change in
duties or responsibilities, or other sufficient reasons, to a range having a different maximum
salary, the salary of the incumbent in such position shall be changed to the new range so that
the salary paid in the new range is equal to or greater than the salary paid in the former range
as may be determined by the department head with approval of the Town Manager. Such
adjustment will not affect the employee's anniversary date.
Section 8. , Advancement Salary Limitations: Advancements in range, whether in
conjunction with advancements in classification, may be made only within the limits of the
annual salary program. , The program may be amended as provided elsewhere in these rules
to accommodate advancements.
Section 9. Transfer: Transfer is the assignment of an employee to another
positionin the same, or different department.
A. An employee transferred from one position to another shall not receive
less pay, except as the result of disciplinary action by the Town Manager;
B. ',' An" employee whose salary was not reduced by disciplinary action
shall be eligible for advancement to the next higher step in a new position range as
determined by the anniversary date, of the former position.
RULE VI.
PROBATIONARY PERIOD
Section 1. Period: All employees hired for service in the Town shall complete
six months of continuous employment in a probationary status, except in the case of sworn '
peace officers whose probationary status will be eighteen months of continuous employment.
, ,
11
r'
Normally, a probationer will be hired at the minimum ofthe classification range,
which is considered to be the probationary step. The Town Manager may authorize
employment on ahigher salary.
Section 2. Obiectives of Probationary Period: The probationary period shall be:
regarded as an integral part of the examination process and shall be utilized by management
to observe the employee's work; for securing the most effective adjustment of a new
employee to his or her position; and, for rejecting any probationary employee whose
performance does not meet required work _standards.
_ Section 3. Extension ofProbationarv Period: With the approval of the Town
Manager, department heads may grant one or more extensions of the probationary period but
not to exceed an additional six months.
Section 4. Regular Appointment: At the end of the probationary period, if the
department head desires to make a regular appointment ofthe employee, he or she shall file
with the Towp Manager the prescribed performance evaluation reflecting that the employee's
services are satisfactory. If the employee's services are not satisfactory, the department head
shall file a performance evaluation rejecting the probationer, or requesting an extension as
defined in Section 3.
Section 5. Reiection of Probationer: During the probationary period, an
employee may be rejected at any time by the appointing authority for any reason, or for no
reason at all, and without the right of appeal. Notification of rejection in writing shall be
given to the probationer, and a copy filed with the Personnel Officer.
A. Any employee rejected during the probationary period following
promotion shall be reinstated to the position from which he or she was promoted, unless
charges are filed and he or she is discharged in accordance with the provisions of the Town
p--Eode;-and- - ------
B. If a probationary employee is not certified by the Town Manager for
regular employment after six months consecutive service within thirty days after the
completion of his probationary period, the service of such employee shall be terminated at
the expiration of such thirty day period.
RULE VII. HOURS OF WORK AND OVERTIME
Section 1. Work Week: Employees are required to work the prescribed number
of hours per their employment agreement or as those set forth in the applicable memorandum
of understanding. The exact hours will be determined by the Town Manager or department
director and maybe modified from time-to-time.
Section 2. Alternative Work Schedule: The Town Manager may; in the best
interests'ofthe Town and on a case by case basis, authorize an alternative work schedule for
an employee.
Section 3.
Overtime:
12
A. Overtime and holiday work shall becompeilsated in such a manner
and at such rates as are specified in a Memorandum of Understanding, or in policy rules and
regulations promulgated by the Town Manager and ratified by the Town Council.
B. ' Overtime provisions do not apply to department heads and any'other
employee determined by the Town ,to be exempt,
_ C, _Due to work levels, the Town may require employees to work overtime.
Employees who qualify as administrative, executive or professional employees within the
meaning of federal wage and hour laws are exempt from overtime pay and are not subject to
this rule. Employees covered by this rule must have their supervisor's prior approval, except
in emergency situations; to work overtime. The Town may ,discipline employees who work
unauthorized overtime.
RULE VIII. COMPENSATION
- Section 1. Preparation ofSalarv and Benefits Plan Program: The Town Manager
shall from time to time prepare and submit to the Town Council-a salary and benefits plan
schedule showing minimum and maximum salary wage rates for each class or positions in
Town service.
, Section 2. Salarvand Benefits Plan Explained: Thebeginning or normal hiring
rate shall usually be at the minimum of the compensation range. Employees may be eligible
to be adVanced within their .respective salary ranges as merited by progressive improvement
injob skills and work peiJormance. In all advancements, the department head will initially
make ,the recommendatio~. ,The Town Manager will make the final approval and
advancement. '
Section 3.
Salary Advancement:
A. Union represented employees: The department head will be responsible
-for evaluating each employee's performance within the department. The Town will consider
these performance evaluations in determining salary advancements. Advancements in salary,
step will be made only upon the department head's recommendation and the Town
Manager's approval. Employees will be eligible for their first step increase as prescIjbed by
an applicable Memorandum of Understanding and annually thereafter.
B. Non-Union represented employees: The department head will be
responsible for annually evaluating each employee's performance within the department. ,
The ToWI), will consider-these performance evaluations in determining salary advancements
within the salary range. Advancements within the salary range will be made only upon the
department head's recommendation and the Town Manager's approval.
- Section 4. Withholding Advancement: Supervisors and their superiors have the
authority and responsibility to recommend to the Town Manager that a salary advancement
not be awarded if that salary advancement is not merited. Supervisors shall notify the
13
employee in writing as to the reasons for recommending that a salary advancement n,ot be
avvarded. I
Section 5. Effect ofSalarv Adiustments: Employees may be promoted either in
classification or salary range, or both. In no case shall an advancement in classification or
range result in a lower salary than the salary previously paid.
Section 6. Reclassification: When a position is reallocated to a classification
with a higher salary range, an incumbent employee shail normally be placed at the minimum
of the new range. If the minimum is equal t6 the present salary, that employee may, upon
recommendation 'of the department head and approval of the Town Manager, receive more
than the minimum in the salary range of the new position.
When a position is reallocated to a classification with a lower salary range, the
incumbent employee's pay shall not be reduced while he or she continues to occupy the
position. If the present salary exceeds the maximum ofthe new range, the employee's salary
shall be frozen at its current level.
Section 7. Demotion: When ,an employee is demoted, that employee shall be
placed in the salary in the new class which,is the same as or above the salary held prior to
demotion, provided said demotion is not the result of disciplinary action.
Section 8. Anniversary Date: The anniversary date of an employee is the first
day ofthe month that is closest to the date of hire. This is illustrated as follows:
A. 31 day months - day of hire date 1-16, first day of current month;
17-31, first day of next month.
B. 30 day months - day of hire date 1-15, first day of current month; 16-
30, first day of next month.---------- .--- -----
C. February - 1-14, first day of current month unless it is leap year,
during which day of hire date of 1-15, first of current month; 15-28, first of next month; and
leap year, 16-29, first day of next month.
Section 9. Schedule for Computing Fractions: For purposes of computing
fractions in order to compensate for less than full pay period worked, the rate of daily and
hourly compensation shall be determined in the following manner:
A. Daily;.. annual salary divided by 260 working days.
B. Hourly - daily salary divided by working hours in one day.
Section 10. Pay Periods: All regular and probationary employees shall be paid on
a bi-weekly basis in accordance with an applicable Salary and Benefits Plan. Compensation
for each period shall be for the immediately preceding 14 days allowing for a 5-day lead time
between the pay day and the pay period being paid.
14
Section 11. Reimbursement for Job Expenses: Employees will be reimbursed for
, all routine expenses incidental to the proper performance oftheir jobs, provided such expense
claims are authorized in advance, are accompanied by appropriate vouchers and are receipts,
and approved by both the department head and Town Manager.
Section 12. Compensation for Part-Time Employees: Part-time or casual
employees shall be paid an hourly salary that is to be designated in a Salary Plan. Part-time
employees working less than 32 hours per week are not ,entitled to PERS benefits.
RULE IX.
LEAVES OF ABSENCE
Section 1. Legal Holidays: All employees occupying authorized, regular
positions shall be eligible for the holidays specified. by the President of the United States or
the Governor of the State of California for a public fast, thanksgiving or holiday approved by
, the Town Council. These holidays will be set forth in a Salary and Benefits Plan.
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 2. Sick Leave: Sick leave shall not be considered as a privilege that an
employee may use at his or her discretion, but shall be allowed only in the case of necessity
or actual sickness or disability, and in the case of disability other than sickness, only where
such disability occurred while the employee was not gainfully employed elsewhere. Sick
leave shall be taken in minimum hour increments.
,,----Sick leave maybe taken for absences from dutymadenecessary- by~----"-,--,
A. Personal illness, caused by factors over which the employee has no
reasonable immediate control;
B. Injury not incurred in the line of duty, except where traceable to
employment other than the Town; ,
C. Medical, dental or eye examination or treatment for which the
appointment cannot be made outside of working hours;
D. Death of a close relation;
E. Hospitalization of a close relation where such leave is approved by the
department head; or
F. Care of a close relation, who is ill or injured, though not hospitalized.
Sick leave for the care of a close relation is limited to one week, at which point, RULE IX.
Section 8 Family Medical Leave would apply.
15
Section 3. Sick Leave Accumulation: Sick leave with pay shall be granted to all
full-time employees. An employee shall accumulate one (1) day sick leave per month from
date of hire until terminated or on leave without pay as provided for in these rules.
I
Employees who are absent without pay for any reason for more than ten w~rking
days-during a calendar month, shall not accumulate sick leave for that month.
Section 4. Sick Leave Notification and Proof of Illness: In order to receive
compensation while on sick leave, the employee shall notify his or her immediate supervisor,
prior to or at the time set for beginning his or her daily duties, or as may be specified by the
department head, of the reason for requiring such leave. Failure to reasonably do so may be
grounds for denial of such leave with pay.
Section 5. Proof of Illness: In any request for sick leave with pay is for three Or
more calendar days, the department head may require a statement in writing signed by a
licensed physician, or the submission of other substantiating evidence, that the employee is
incapacitated and unable to perform his or her duties. The Town has the right to determine
by reasonable means the validity of any sick leave usage by any employee at any time.
A. 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;
B. . 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.
Section 6. Industrial Accident Leave: In the event that an employee is absent
from work as' a result of any injury or disease which comes under the State of California .
'-W orker'S-Compensation-Insuranceand Safety-Act;the-.absence'shallbe-considered-to..-be------'-----------
"industrial accident" leave. Additional compensation equal to the difference between the
employee's regular pay and his or her worker's compensation allowance shall be charged
against accumulated sick leave.
In the case of public safety employees injured on duty, such employees shall receive
Worker's Compensation benefits as prescribed by State law.
Section 7.
Leave With Pay: The following provide for leave with pay:
A. Military Service: Military l~ave shall be granted in accordance with
State and Federal statutes; ,
B. JUry duty at the call of the JUry Commissioner: All employees
occupying regular positions shall be allowed to leave for jury duty upon presentation of jury
notice to the department head or Town Manager. An employee shall receive full pay for the
time he or she is called for jury service. Monies received from the courts for jury duty will
be deposited with the Town ofTiburon.
16
C. Vacation Leave: All non-management employees occupying a
position shown ina Salary and Benefits Plan become eligible for vacation leave with pay as
shown below, or as established by Memoranda of Understanding.
1. Vacation Leave Accrual: Yearly vacation leave with pay shall
be pro-rated and credited to each non-management employee at the following rates:
.;
(a) First five years of service (month 0 through month 60): 1
day per month, or 12 working days per year;
(b) Second five years of service (month 61 through month 120:
1 ~ days per month, or 18 working days per year;
(c) Third five years of service (beginning on the month 121):
1-2/3 days per month or 20 working days per year.
Vacation leave accrual for management employees shall be
as set forth by resolution of the Town Council;
2. Vacation Leave Scheduling: Requests for vacation leave shall
be submitted in advance by the employee to the department head or Town Manager who
shall approve the time employees may take their vacation;
3. Sickness During Vacation Leave: Sickness occurring during
vacation leave, upon doctor's certification, will be considered sick leave and not be charged
against vacation leave.
Section 8.
Family and Medical Leave:
A
'Eligibility---'
Employees who have been employed by the Town for 12 months or more and who
have worked at least 1,250 hours during the preceding 12-month period, are eligible for
Family Medical Leave Act (FLMA)/California Family Rights Act (CFRA) leave of absence
(family and medical leave) under the following circumstances:
1. For the birth and care of a newborn child, or the placement and
initial care of an adopted or foster care child; or
2. To care for the employee's spouse, child, or parent with a serious
health condition; or
3. For the employee's own serious health condition.
B. Leave Request Procedure
17
The Personnel Officer must approve family and medical leave requests in advance. If
the need for the leave is foreseeable, employees must provide the Town with at least 30 days
advance notice before the leave is to begin. If the need is not foreseeable, and 30 days notice
is not possible, employees must give notice as soon as practicable, and within one or two
days of learning of the need for leave.
Employees must make leave requests in writing, stating the reasons for the requested
leave', the anticipated duration of the leave, and the anticipated start date of the leave. All
employees requesting a leave extension must also do so in writing, ifpossible, two weeks
prior to the end oftheir scheduled leave. .
Failure to comply with this notice requirement will be grounds for, and may result in,
deferral of the requested leave until the employee complies with this notice policy.
I
I
c. Medical Certification
Employees who request a family and medical leave for their own serious health
condition or to care for a family member with a serious health condition must submit a '
written medical certification from a health care provider to support the leave request. If there
is a dispute about the initial medical opinion regarding an employee's serious health
condition, the Town may require a second opinion by a health care provider of its choice at
its expense. If a third opinion is necessary, a third health care provider may be selected, also
at the Town's expense. The Town requires periodic updates to support continuing leave.
All employees returning from a family and medical leave for their own serious health
condition must provide medical certification of their fitness to return to work. All employees
requesting a leave' extension must provide medical certification of the need for continued
leave.
D;-------DurationofFamilyAndMedicalbeave. - - --- --,-,. - - ,-, '---.---.------.------..----
Eligible employees are generally entitled to up to a cumulative maximum of 12 weeks
of family and medical leave within a 12-month.period. The 12-month period is measured
backwards from the date an employee's requested family and/or medical leave will begin.
Parents who both work for the Town are entitled to a combined total of 12 weeks leave in a
12-month period for the birth, adoption or'foster care placement of their child.
Employees on a workers' compensation leave of absence are granted leave consistent
with the Town's obligations under workers' compensation law. If an employee's work-related
injury also meets the criteria of a serious hea~th condition for family and medical leave
purposes, the leave for a work-related injury will be counted against an employee's family
and medical leave entitlement. However, benefits provided und~r this family and medical
leave policy will normally extend only for a cumulative maximum of 12 weeks of leave.
Additional benefits may be available under state workers' compensation law. \
E. Scheduling Family And Medical Leave
18
-,
The Town generally requires that employees take family and medical leaves in one
consecutive period of time. Under certain circumstances, employees may take leave
intermittently or on a reduced work schedule. If an employee takes an intermittent or
reduced work schedule leave, the Town may temporarily transfer him or her to another
position with equivalent pay and benefits in order to better accommodate the leave. If an
employee requests such a leave due to medical necessity, he or she is required to submit
certification from a health care provider stating the basis for the medical necessity and, if
applicable, the anticipated schedule for treatment.
Employees planning medical treatment must consult their department head and make
a reasonable effort, subject to the health care provider's approval, to schedule the leave when
it will not unduly disrupt the Town's operations. Employees are ordinarily expected to
consult their department head or the Personnel Officer prior to the scheduling of treatment in
order to work out a treatment schedule that best suits the needs of both the employee and the
Town. '
F. Compensation During Leave
Generally, family and medical leave is unpaid. Except as described in the paragraph
below and in Sections 2, 3,4 and 5 of this Rule, accrued vacation must be used during leave
for any family or medical leave reason, and accrued sick leave must be used during leave for
an employee's own serious health condition. When accrued paid leave is exhausted,
employees may continue the balance of their family or medical leave of absence on an
unpaid basis.
It is the responsibility of an employee on medical leave to apply for. disability
insurance benefits or workers' compensation benefits, as applicable. The appropriate forms
are available from the Personnel Officer. Consistent with applicable law, accrued vacation,
sick leave and other paid time off may not be used during any family and medical leave that
also qualifies an employee-for workers' compensati6iioehefits, State. Disability Insurance orm
other paid leave under a temporary disability plan. When paid leave is exhausted, employees
may continue the balance of their family or medical leave of absence on an unpaid basis.
The use of accrued vacation or sick leave, or receipt of Disability Insurance or
workers' compensation benefits during a leave will not extend the length of an employee's
family and medical leave. Vacation and sick leave benefits and length of service credits will
continue to accrue only during the paid portion (if any) of a family or medical leave.
However, family and medical leave will not constitute a break in service for purposes of
longevity, seniority, or any employee benefit plan.
G. Coordination With Other Employee Benefits
The Town will maintain an eligible employee's group health and dental insurance
coverage during a family and medical leave while in a paid status.' If an employee has
exhausted all available leaves (sick, vacation and administrative leave), the Town will make
arrangements for employees to pay their share of health insurance premiums while on leave,
19
should they desire. Employees may elect to continue the same coverage for their dependents
under the Town's group health insurance plans.
H. Return To Work
All employees returning from a family and inedicalleave for their own serious health
condition must provide medical certification of their fitness to return to work.
Upon return from a family and medical leave, the employee will be returned to the
same position held prior to the leave, or,one that is equivalent in pay, benefits and the terms
and conditions of employment, unless the job has ceased to exist. The Town will consider
employees to have resigried if they donot return to their prior position or an equivalent
position as soon as they are able (assuming either option is available), or after taking the
maximum leave allowed. Acceptance of other employment during a family and medical
leave will also be considered a resigriation from the Town. Unless prohibited by other state
or federal laws, if the employee's prior position or an equivalent one is not available at the
end of the leave, employment will be terminated.
I. Kev Employee Exception
The Town may deny reinstatement to certain key employees on family and medical
leave who are among the highest paid.lO% of the Town's employees. Key employees may
be denied reinstatement if it is necessary to prevent substantial and grievous economic injury
to the Town operations. The Town will notify a key employee of its intent to deny
reinstatement on this basis at the time the employee requests leave, or as soon thereafter as
the Town determines'that the employee is a key employee. At this time, the Town will
provide t~e employee with an opportunity to immediately return to his or her position.
Section 9.
A.
Any employee who is disabled due to pregriancy, childbirth or related medical
conditions is entitled to apregriancy/maternity leave of absence up to a maximum of 4
months. This leave runs concurrently with any FMLA leave. If an employee is also entitled
to any CFRA leave, she may combine her CFRA leave with pregriancy/maternity disability
leave for a maximum of7 months leave in a l2-month period, The Town's rules regarding
family and medical leaves are set forth in SectIon 9.
B. Leave Request Procedure
Employees must provide reasonable notice ofthe date the leave is to begin and the
estimated duration of the leave.
C. Medical Certification
Employees who request a pregriancy/maternity disability leave must. submit a written
medical certification from a health care provider to support the leave request.
20
'\
D. Compensation During Leave
Accrued sick leave and vacation time may be used during pregnancy/maternity
disability leave.
E. Coordination With Other Emplovee Benefits
The Town will maintain an eligible employee's group health and dental insurance
~overage during a pregnancy/maternity disability leave under the same conditions as
coverage would be provided if the employee was actively at work. Employees may elect to
continue the same coverage for their dependents under the Town's group health insurance
plans.
F. Return to Work
Employees returning from a pregnancy/maternity disability leave will be returned to
their same position unless that job has ceased to exist or the Town could not keep the job
open and operate safely and efficiently. In that event, the Town will seek to provide
returning employees with a substantially similar position. Acceptance of other employment
during a pregnancy disability leave will be considered a voluntary resignation. Medical
certification of an employee's fitness for duty is required at the time she returns to work.
Employees who do not return to work after taking a maximum of four months
pregnancy disability leave plus any applicable CFRA leave will be considered to have
resigned.
Section 10. " Other Leaves of Absence:
A. Bereavement Leave
'Empfoyees-wilfieceiveuploJililyspaid..leaveTcif'the.aeathor critical illness ofa close
relation. Regular employees will be paid at their regular hourly rate for the time they are absent.
This time will be charged to the employee's sick leave account.
The Personnel Officer and/or the department head may require medical certification
or other documents to verify the reason for any employee's absence.
B. Military Leave
The Town will comply with applicable laws regarding military leaves of absence and re-
employment rights.
C. Jury Dutv
The Town requires employees to give reasonable advance notice to their department
heads. Employees will be required to present a jury notice to verify the reason for the leave.
Regular, probationary, and at-will employees will receive compensation for the difference
between the pay they receive asjurors and their regular salaries, and any other compensation to
21
which they are entitled under federal and state wage and hour laws. The Town Manager must
approve payment for jury duty before it will be paid.
D. School or Daycare Related Activities
All employees may take time off to participate in the school or day care activities of
their child(ren). The time off is subject to the following provisions:
1. The employee must be the parent, guardian or grandparent having
custody of one or more children in kindergarten or,grades 1 to 12, or attending a licensed'
daycare facility.
2.. The time off for school activity participation cannot exceed eight
(8) hours in any calendar month, or a total of 40 hours each school year.
3. The employee must provide as much advance notice as possible
and submit an Absence Request Form to the department head.
4. If both parents are employed by same employer, the first employee
to request such leave will receive the time off. The other parent will receive the time off only
if the department head approves his or her request for leave.
5. If requested, the employee will provide written verification of
parental participation from the school or licensed daycare facility.
6. Leave to attend school activities will be unpaid. Regular'
employees may elect to substitute accrued vacation or administrative leave for the time off.
7. If an employee i,s the parent or guardian of a child who has been
suspended, and the child's school has sent the employee a notice requesting the employee to
attend cipOiiiOri ofthe school daY iri the child's classroom, the employee may take time off
for this purpose. The employee should alert the department head as soon as possible of the .
employee'~ need to take time off. The employee may be required to provide a copy of the
notice from the school. No discriminatory action will be taken against an employee for taking
time off for this purpose.
8: Leave to attend a school conference involving suspensions will be
unpaid. Regular employees may elect to substitute accrued vacation or administrative leave
for the time off.
22
-
Section 11. Personal Matters or Hardship:
A. Leave of Absence Without Pay:
1. ' Upon the written request of an employee, the Town Manager
may approve, in writing, a leave of absence without pay for a period not exceeding three
months. The Town Manager may, at his or her discretion, extend such leave of absence for'
an additional period not to exceed a total of nine (9) months;
2. Failure ofihe employee to return to work upon expiration ofthe
leave shall result in his separation from employment with the Town;
3. Upon return to work; the employee shall return to. the same
classification, range and step held by him or her upon taking the leave, if the position is still
authorized. No vacation or sick leave credit shall be earned or accumulated during the leave;
4. The employee who takes a leave of absence for longer than
thirty (30) days may, at his or her option, reimburse the Town for continued insurance
benefits.
Section 12. Administrative Leave: The Town Manager may grant time off with
pay to management personnel whose on-the-job requirements necessitate work beyond a
normal working week. All administrative leave granted in a calendar year must be used in
that particular calendar year and may not be carried forward to a new calendar year.
Administrative leave is non'-compensable at the time of separation from employment.
RULE X.
RECORDS
Section 1. Records: As directed by the Town Manager, the Personnel Officer
. shall-maintain personnel, and-payroll records, as.required-by-law-and.business..,necessity..
Section 2. Reports to the Personnel Officer: Every appointment, transfer,
promotion, demotion, change in salary, and any other temporary or permanent change in
status of employees in the service shall be reported to the Personnel Officer.
Section 3. Access to Administrative Records: The Town Manager and/or
Personnel Officer shall have access to all departmental records, documents, and papers of the
Town, the examination of which will aid in the discharge of their duties.
Section 4. Evaluation of Performance: The Personnel Officer shall require a
performance evaluation for each employee prior to that employee's anniversary date to be
completed by the employee's immediate supervisor~ Evaluations shall be prepared upon
forms provided by the Personnel Officer which set forth criteria for evaluating employee
performance. .The employee shall participate in the evaluation process. The employee may
be asked for pre-evaluation participation and input. The employee shall acknowledge receipt'
of the evaluation. The employee shall be provided an opportunity to respond to the
evaluation.
23
Section 5. Accident Reports: Any employee involved in an accident ~hile on the
job which results in personal injury or property damage of any kind shall report that accident
promptly to his or her supervisor. The employee and/or the supervisor shall complete the
required forms for reporting the accident. to the Personnel Officer in the manner prescribed.
RULE XI.
'TRAINING OF EMPLOYEES
Section 1. Responsibilitv for Training: The Personnel Officer has the
responsibility for training programs for employees. Such training programs may include
lecture courses, demonstrations, reading assignments, or other such devices as may be
available for the purpose of improving the efficiency and broadening the knowledge of
municipal employees in the performance oftheir duties and service to the Town.
(a) Department heads will submit departmental requirements, and designate who wilL conduct
the actual training as it relates to professional advancement. (b) The Personnel Officer will
arrange for general training applicable to all employees.
Section 2. Credit for Training: Participation in and successful completion of
special tniinirig courses may be considered in making advancements and promotions.
Evidence of such activity shall be filed with the Personnel Officer by the Department Head.
Section 3. Training Expenses: Upon the prior approval of the Town Manager
and the department head, and upon successful completion of a training program by an
employee, that employee shall be reimbursed the cost of the training from departmental funds
designated for training, conferences, an4 workshops.
RULE XII. EMPLOYEE MORALE AND WELFARE
, Section 1. Powers of Investigation: The Town Manager may investigate or hav~
investigated, any situation relative to the morale and welfare of the employee in service, 'and
the Town Manager may take such action as he or she deems necessary within the limits of
the Town Code and the rules. ,
Section 2. Employee Grievance: An employee may file a grievance on his or her
own behalf. A grievance'is a claimed violation, misinterpretation, inequitable application or
non-compliance with provisions ofa Memorandum of Understanding, or of Town
. ordinances, resolutions, rules, regulations, or existing practices affecting the status or
working conditions of Town employees. If a Memorandum of Understanding, ordinance,
resolution, rule or regulation contains a grievance or complaint procedure, then that more
specific procedure shall take precedence over the grievance procedure set forth here.
Section 3.
Emplovee Grievance Procedure:
. A. Informal Grievance: Within five working days of the event giving rise
to a grievance, the grievant shall present the grievance informally for dispo~ition by the
immediate supervisor, or, if the grievance involves the immediate supervisor, then to the
immediate supervisor's supervisor. Presentation of an informal grievance shall be a
prerequisite to the institution of a formal grievance.
\
24
, B. Formal Grievance: If the grievant believes that the grievance has not
been redressed through the informal grievance procedure, he or she may initiate a formal
grievance within five working days,thereafter. A formal grievance can only be initiated by
completing and filing with the department head a form provided by the Personnel Officer for
this purpose. The form shall contain:
1. Narrie(s) of grievant;
2. Class Title(s);
3: ' Department(s);
; 4. Mailing addressees);
5:' , A clear statement of the nature of the grievance (citing applicable
ordinance, rules or regulations, or contract language);
6. The date upon which the grievance occurred;
7. A proposed solution to the grievance;
8. The date of execution of the grievance form;
9. The signature of the grievant; and
10. The name of the organization or individual, if any, representing
the grievant followed by the signature of the representative.
(a) Step 1: Within ten working days after a formal
grievance is filed, the department'head shall investigate the grievance,
'-"andconfenvith-thegrievant in, an attempt-to -resolve the grievance, and ,,-.
make a decision in writing.
(b) Step 2: (1) If the grievance is not resolved in Step 1 to
the satisfaction of the grievant, he or she may, within not more than
five' working days from his or her receipt of the department head's
decision, request consideration ofthe grievance by the Town Manager,
'by so notifying the Personnel Officer, in writing; (2) within ten
working days after such notification, the Town Manager shall
investigate the grievance, confer with persons affected and their
representatives to the extent he or she deems necessary, and render a
decision in writing; (3) the Town.Manager shall advise the grievant, in
writing, of his or her decision. If the decision does not resolve the
grievance to the satisfaction of the grievant, the grievant may proceed
" to Step 3.
(c) Step 3: A final appeal to Step 2 may be filed, in
writing, with the Town Council not more than five working days from
the employee's receipt of the Town Manager's decision. The Town
25
Council shall, within thirty (30) days of receiving the grievance, hear
and decide upon thegrievarice. The Town Council's decision is final
and binding in all respects insofar as the Town is concerned. No
employee shall, as a direct or proximate result of such grievance,
suffer dismissal from the services ofthe Town, transfer, demotion,
reduction of salary or other disciplinary action unless it shall be
determined by the Town Council that the grievance was taken willfully
and/or spitefully, with intentional disregard of facts, for purposes of
disruption of and or interference with efficient business operations of
the Town, its officers and employees, to disturb the public peace,
health, safety and welfare, or to serve personal ends inimical to the
public service.
Section 4.
Grievances Generally:
L,
A. The Personnel Office shalract as a central repository for all grievance
records.
B. Any time limit may be extended onlyby mutual agreement in writing.
C. An aggrieved employee maybe represented by any person or
organization of his or her choice at any stage of the proceedings.
RULE XIII. DISCIPLINARY ACTION/SEPARATION FROM THE SERVICE
Section 1. Types of Disciplinary Actions: The following are types of actions that
may be utilized by the Town Manager in disciplining employees.
A. Oral Reprimand: A formal discussion with an employee about
performance or conduct problems. This action preferably is summarized by a memo to the
employee outlining the nature of the discussion. An 'oral reprimand is not subject to the
appeal process described below. '
B. Written Reprimand: A written document presented to an employee
regarding performance or conduct problems. A copy must be provided to the employee with
a copy being placed in the employee's personnel file. A written reprimand -is not subject to
the appeal process described below.
C. Disciplinary Suspension: An involuntary absence without pay for a
fixed period of time.
D. Reduction in Pay: The.temporary or permanent reduction in pay of an
employee.
E. Demotion: Demotion to a lower classification.
F. Termination: Discharge from the Town service.
26
Pending investigation of and imposition of a disciplinary matter, the Town Manger
may place an employee on paid administrative leave.
Section 2. Notification o~ Action: The following procedure shall be adhered to
for non-emergency suspensions, discharges and disciplinary actions of employees:
A. The concerned employee shall be given written notice of the proposed
action within a reasonable amount of time of the incident resulting in disciplinary action.
Such written notice shall include a statement of reasons that a disciplinary action is being
proposed, and shall include a copy ofthe charges being considered by department
management in addition to a statement of employee rights appropriate to the preliminary
notice.
B. 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. ,
C. 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 (I 0) days, be
given the right to respond either orally or in writing (at the option of the employee) to the
authority initially imposing discipline.
D. No discipline shall be imposed, other than emergency suspensions,
prior to the conclusion of the opportunity to respond; any discipline imposed shall be
effective after that time.
/
Section 3. Suspension: A department head may suspend an employee without
pay from his or her position at any time for cause, not to exceed three working days in any
one suspension nor more thap ~hirty (30) working days in one fiscal year. Such suspensions
shall be reported immediately tothe Personnel Officer. '
The Town Manager may suspend an employee at any time for cause for a period not
to exceed thirty (30) working days in any fiscal year.
, Section 4. Demotion: ' The Town Manager may demote an employee whose
ability to perform required duties of his or her position fall below standard, or for disciplinary
purposes. No employee shall be demoted to a position for which he or she does not possess
the minimum qualifications.
Section 5. Reduction in Salary: The appointing authority may, within the
minimum and Illaximum of the salary range for the position, decrease the salary level of an
employee whose abilityto perform the required duti~s'ofhis or her position falls below
standard, or for disciplinary purposes.
Section 6. Discharge: An employee in the competitive service may be discharged
. for cause at any time b'y the Town Manager. Any employee who has been discharged shall
receive a written statementofthe reasons for such action at the time of discharge.
27
Section 7. Causes for Discipline: Disciplinary action may be taken for any
causes listed in Section 19572 of the Government Code, or for other just cause, including, but
not limited to, the following: '
A. Unauthorized absence;
B. The commission or conviction of any felony, or any other crime
involving moral turpitude;
C. Disorderly conduct;
D. Incompetence or inefficiency;
E. Insubordination;
F. Intoxication while on duty;
G. Neglectof duty;
H. Negligence or willful damage to public property, or waste of public
supplies or equipment;
I. Violation of any lawful regulation or order made and given by a line
. '
supervIsor; or
J. Willful violation of any of the provisions of the Ordinances of the
Town, these rules, or others promulgated by the Town Manager as Administrative Orders.
Section 8. 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 Maniger. The Town Manager may make whatever investigation of the
appeal he or 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 9. Layoff: The appointing authority may layoff employees because of
lack of work, lack of funds, changes in duties of the organization, abolition of positions or
( , .
reorganization, requiring the reduction of the workforce of the Town. The name of any
, employee so released shall be placed on an appropriate re-employment eligibility list. Within
, ten (10) working days before the effective date, the Personnel Officer shall notify the
employee affected of the intended actIon, the effective date, and the reasons therefore.
Employees laid off pursuant to this section shall not have the right to appeal.
Section 10. Resignation: An employee wishing to leave the competitive service in
good standing shall file with his or her supervisor a written resignation notice, stating the
28
effective date and reasons for leaving at least ten (10) working days before the effective date.
The resignation shall be forwarded to the Personnel Officer along with 'other pertinent
information. An employee's failure to comply with this rule shall be entered in that
employee's service record. The resignation of an employee who fails to give the minimum
ten-day notice shall be reported to the Personnel Officer by the supervisor immediately, and
shall be sufficient cause to deny subsequent request for reinstatement.
Section 11. Abolition of Position: The Town Council may abolish for cause, any
position of employment by amendment of the appropriate schedules of positions and
employments in a Salary and Benefits Plan Resolution. Employees transferred, demoted or
laid off because of the abolishment of positions, shall not have the right of appeal in such
cases.The effective date of abolishment of a position occupied by an employee shall be at
least thirty (30) calendar days after the act of abolishment. The Town Council may, by
declaration of an emergency, modify the effective date.
B. Within ten (10) working days before the effective date, the Personnel
Officer shall notify the employee affected of the intended action, the effective date, and the
reasons therefore:
C. When reduction of personnel is generally indicated, positions shall be
vacated on decision of the Town Manager, who shall take into consideration the
administrative needs ofthe Town as well as maintenance ofthe public peace, health, safety
and welfare.
Section l~. Compensation Upon Separation: Upon separation, the employee will
receive compensation for pay, allowances and accrued vacation and sick leave balances for
date of termination.
RULE XIV. POLICIES GOVERNING CONDUCT
Section 1.
No. Discrimination: Reasonable Accommodation
J
A. Employment in this 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, ancestl)', physical or mental disability, medical condition, marital status,
veteran's status, sexual orientation, age or sex.
B. The Town will make reasonable accommodation for any known
disability, as defined by applicable state or federal law, of employment applicants or
employees who, with or without reasonable accommodation, can perform the essential
functions of the employment they hold or for which they have applied. The Town will
engage in an interactive process with the employee or applicant to determine if there is
appropriate reasonable accommodation. This process will include at least one meeting with
the employee or applicant to discuss potential accommodations. In the event that the Town is
unable tomake a reasonable accommodation to enable an existing employee to perform the
essential functions of their position, the interactive process shall include a review of open
, positions in the Town's employment for which the employee is qualified and whose essential
29
functions the employee can perform, with or without reasonable accommodation. If the
Town has an open position for which the employee is qualified and whose essential functions
the employee can perforin, with or without reasonable accommodation, the employee may
. elect to transfer into that position. However, in no event shall the Town be required to create
a new position.
C. Any employee who believes that he or she has been the victim of
discrimination, as outlined above, should promptly report the facts ofthe incident(s) and the
names of the individuals involved, and any witnesses or other relevant facts, to the Town
Manager. The complaint shall immediately be investigated by the Town Manager or his or
her designee. Corrective action, if warranted, shall be taken as soon as possible. Such .
corrective action may include disciplinary actions up to and including termination for any
employee found to have violated this policy.
Section 2.
Sexual Harassment Policy
A.
Purpose
It is the intention of this policy to provide in the Town a work environment
free of unlawful harassment.
B. Policy
This policy applies to all employees and officials of the Town. Harassment of
any type will not be tolerated and is unlawful.
C. Prohibited unlawful harassment includes, but is not limited to, the
following behavior:
1. Verbal conduct such as gender ba~edepithets, derogatory jokes
or comments about an individual's body, slurs, or unwanted sexual advances, invitations or
comments;
2. Visual conduct such as derogatory and/or sexually-oriented
posters, photography, cartoons, drawings, or gestures;
3. Physical conduct such as assault, unwanted touching, leering,
blocking normal I)1ovement,' or interfering with work;
4. Threats and demands to submit to certain non-work-related
conduct ot perform certainnon-work-relatedactions in order to keep or get a job, to avoid
some other loss, or as a condition of continued employment benefits, security or promotion;
and/or,
5. Retaliation for reporting or threatening to report unlawful
harassment, for objecting to harassment, or for assisting another employee to report
, harassment.
30
.~
The conduct stated above will not be tolerated by the Town, and an employee
who harasses in violation of the law can be personally liable to the victim for
damages and will be subject to discipline up to and including termination.
The Town will take reasonable steps to prevent this conduct from occurring.
. D. Complaint Procedure
Any employee who believes that he or she has been harassed, as
outlined above, by another employee, or a supervisor, should as a first step tell tpe individual
that the conduct is unwelcome. If the conduct continues employees are encouraged to
promptly report the facts .ofthe incident(s) and the names of the individuals involved and any
witnesses or other relevant facts to a supervisor or the Town Manager. Supervisors shall
immediately report any incidents of harassment to the Town Manager. The complaint shall
immediately be investigated by the Town Manager or his or her designee. Corrective action,
as warranted, will be taken as soon as possible. Such corrective action shall include
disciplinary actions up to and including termination for any employee found to have violated
this policy. In the situation where a complaint is filed against the Town Manager, the Town
Attorney shall receive the complaint and conduct the appropriate investigation in
consultation with the Mayor.
Section 3.
Conflict of Interest
1. Employees of the Town are prohibited from:
A. Engaging in or having any interest in any business or transaction, or
incurring any obligation which conflicts or impairs, or appears to conflict or impair, their
independent judgment in the disch3!geoftheir official duties; ,
B. Accepting money, favors, or other considerations for work they would be
required or expected to perform in the regular course of their duties;
r
C. Accepting gifts, gratuities, or favors of any kind from persons or vendors
doing business with the Town. The only exception is the acceptance of consumable gifts
offered to an entire work group, with a value not subject to reporting an income pursuant 'to
Government Code section 87207 (i.e. less than $50), and permitted under Fair Political
Practices Commission regulations where rejection would damage the spirit in which the gifts
were offered;
D. Disclosing confidential information acquired by or made available to them
in the course of their "employment with the Town, or using such information for speculation
or personal gain; ot
E. Being a member of any Town committee when such committee's
responsibilities would cause a conflict with the employees' normal duties.
2. It is the employee's responsibility to disclose and report all potential conflict
of interest situations to his or her supervisor or the Town Manager.
31
Section 4.
Political Activity
1. Employees shall not engage in political activity of any kind during work
hours. Prohibited activity shall include, but is not limited to, soliciting money,
influence, service, or any other thing to aid, promote, or defeat any political
committee or nomination or election of any person to public office, while on
the job during working hours: No person shall attempt to coerce, command,
or require a person holding, or applying for, any position, office, or
employment with the Town to influence or give money, service, or other
valuable thing to aid, promote, or defeat the nomination or election of any
person to public office.
2. Subject to the foregoing, any employee may seek appointment or election to
any public position, office, or employment for which he or she is qualified.
The exception is an employee running for a position on the Town Council. If
elected, the employee would be required to resign his or her employment with
the Town.
Section 5.
Drug Free Workplace Policy
The Town, in compliance with Public Law 100-690, the Drug-Free WorkPlace Act
of 1988, adopts the following policy:
1. Purpose
It is the intention of this policy to provide a drug free workplace for
employees of the Town at all work sites. While the Town has no intention of
intruding into the private lives of its employees, the use of controlled substances
(drugs, substances or immediate precursors thereto, subject to the California Uniform
Controlled Substance Act, as defined in the Health & Safety Code section l1007et,
seq.) impacts the safety and efficiency of Town operations and the provision of
services to the public. '
2. Policy
a. The unlawful manufacture, distribution, dispensation, possession, or
use of a controlled substance by employees is prohibited at all Town
work sites.
b. Employees, as a condition of employment, shall notify their
department head of any criminal drug statute conviction for a violation
occurring in the workplace, no later than five days after such
conviction.
c. Employees who violate the above policy, or are convicted on criminal
drug statute violations occurring at the workplace, or who fail to give'
the notice required above, shall be subject to the appropriate personnel
action, up to and including termination, or may, where appropriate, be
32
required to participate in a drug-apuse assistance or rehabilitation
program by a federal, state, or local health, law enforcement, or other
appropriate agency.
d. The Town will establish a drug-free awareness program to inform
employees of this policy, the dangers of drug abuse in the work place,
and any available drug counseling, rehabilitation" and employee
assistance programs.
3. Rights
No provision of this policy is intended to remove or limit an employee's right
to appeal a disciplinary action under applicable sections of these Personnel
Rules and Regulations.
Section 6.
Drug! Alcohol Policy
1. The Town has adopted a Drug Free Workplace Policy within the provisions of
the Federal Drug Free Workplace Act In conjunction with this policy, the
, Town retains the right to assure that employees are free from the influence of
drugs and alcohol during the performance of their Town duties. The Town
Manager shall retain the right to:
A. Access any Town property, including but not limited to desks, lockers,
closets and vehicles for the purposes'of inspection to assure no illegal drug or alcohbl is on'
the Town premises;
B. Order for drug and/or alcohol testing any employee who has demonstrated
behavior on duty that causes a reasonable suspicion that he/she may be under the influence.
The employee shall immediately comply and cooperate in being transported to the testing
facility. If the employee is found to be under the influence of an illegal drug or alcohol, the
employee shall have transportation arranged for him or her, and sent home pending
disciplinary action; and
C. Order for drug and/or alcohol testing any employee who is in an accident
that results in death, injury, or major property damage; ,
2. Employees who are taking prescription drugs that may hamper their ability to
operate vehicles or equipment, and who are required by their assigned duties
to operate vehicles or dangerous equipment, are to notify their supervisor
i~mediatelyupon reporting to duty. If for reasons of safety a supervisor
believes an employee is demonstrating diminished abilities, the supervisor
may, after consultation with the Town Manager, arrange for transportation for
the employee to send him or her home on sick leave.
33
Section 3.2 Application:
Rule XIV of these Personnel Rules and Regulations shall apply to all officers and
employees in the service ofthe Town. Rules I-XIII shall apply to all officers and
'employees in the service of the Town except the following:
'*
.....J
-
U
Z
:::>>
10
f~ LLI
~~
e--l
W
1-'
ct
C
e
z
i=
w
w
:&
~ e.
~ f.
%g.
a.
Members of the Town Council
b.
Members of appointive boards, commissions and committees
c.
Persons engaged under contract to supply expert, professional or
technical or any other services
d.
Volunteer personnel
Town Manager, except for Rule IX and as may be provided by
agreement
Town Attorney, except for Rule IX and as may be provided by
agreement
Except where the Town Council has expressly provided otherwise,
Department Heads and other management positions designated by
the Town Council are subject only to Rules IX and X. In the event
of a conflict between any employee's written Employment
Agreement and these Personnel Rules and Regulations, the
Employment Agreement shall govern with respect to said
employee
h.
Emergency employees who are hired to meet the immediate
requirements of an emergency condition, such as extraordinary
fire, flood, earthquake, etc., which threatens life or property
1.
Employees, other than those listed elsewhere in this section, who
are not regularly employed in regular full-time or regular part-time
positions
J. Temporary or seasonal employees, whether part-time or full-time
k. Any position primarily funded under a State or Federal
employment program
1. Any new position hereafter created by the Town Council, unless
declared by the Town Council to be in the competitive service at
the time of creation or thereafter
2-
Town of Tiburon
STAFF REPORT
AGENDA ITEM ~
TO:
Mayor and Membersofthe Town Council
FROM:
Pat Echols, Director of Public WorkslTown Engineer
Amend street Impact Fee Resolution and crea~, fU,.se
Vehicle Impact Fee " ~,
MEETING DATE: April 6, 2005 REVIEWED BY: ..,'
. . . . . . . . . . . . . . . . .. .......................... .
SUBJECT:
BACKGROUND & DISCUSSION
The pavement engineering community widely agrees that refuse and heavy
construction vehicles cause the most deleterious effects on roadways, effectively
shortening the service life of the pavement. Pursuant to Town Council direction, the
Department of Public Works has explored the creation of a refuse vehicle impact fee
and reviewed the existing construction vehicle impact fee (also known as the Street
Impact Fee). The intent of assessing construction and refuse vehicle impact fees is
to compensate for the annual street maintenance costs attributed to these vehicles.
Nearly all Marin municipalities have adopted a construction vehicle impact fee
(typically 1 % of building permit construction valuation). The T own retained Hilton,
Farnkopf & Hobson (HF&H) to perform an analysis of the impact of these vehicles on
the Town's road system. HF&H also performed this analysis for San Rafael and Mill
Valley. San Rafael and Fairfax have adopted a refuse vehicle impact fee based on
HF&H's findings and the City of Mill Valley will consider adoption such a fee next
month. A copy of HF&H's final report is attached (Exhibit 1).
The Town of Tiburon utilizes the Pavement Management Program (PMP) developed
by the Metropolitan Transportation Commission (MTC). The PMP is utilized by most
Bay Area municipalities. The PMP assigns a Pavement Condition Index (PCI) to all
street segments in the Town's road network. PCI values range between o and 100
with 100 representing a new road or newly resurfaced road. PCI values below 70
require a more costly rehabilitation whereas PCI values above 70 require a less
expensive rehabilitation strategy such as maintenance seal coating or slurry sealing.
The average PCI for Tiburon streets is 62 and is on the decline at the current funding
level. By comparison, the average PCI for all Bay Area municipalities is 65. In order
to maintain the Town's street network PCI at 70, a funding level of approximately
$1,000,000 per year would be required.
March 31, 2005
1 of 3
, " ~
Town of Tiburon
STAFF REPORT
. . -. . . . . . . .,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Construction Vehicle Street Impact Fee
The Town Council adopted the existing construction vehicle street impact fee in
1999. The fee was developed based on impacts estimated by the Town Engineer
and amounted to 0.7% of the project valuation for building permits issued by the
Town. Staff has re-examined the construction vehicle impact based on updated
information provided in the HF&H report. HF&H have estimated that construction
vehicles account for 57% the total impact to the Town's streets. Accordingly, the
commensurate annual maintenance cost would be 57% of the required annual
pavement rehabilitation costs of $1,000,000 (or $570,000). A method to recover the
costs related to construction vehicle impacts is to apply the annual expected vehicle
impact to the annual cost to maintain our roads at the target PCI. These costs may
be captured by assessing a fee on construction related activities occurring in the
Town, based on a percentage of the total building permit project valuation. This
approach is a logical method because larger projects will have a great impact on our
roads and would be assessed at a greater value. Conversely, a small project will
result in a smaller fee due to the lesser impacts on the roadway system.
Town Building Division records indicate that total building permit improvement
valuations totaled $59 million in 2004. Accordingly, the corresponding impact fee that
is proportional to building permit project valuation would be applied to all construction
related permits issued by the building . ,department in the amount of 1.0% of the
estimated construction value ($570,000/$59,200,000 x 100).
Refuse Vehicle Impact Fee
Mill Valley Refuse Service (MVRS) provides refuse and recycling services for the
Town under a franchise agreement. HF&H have determined that MVRS vehicles
account for approximately 11 % of the total impact on residential streets, which
equates to $70,000 per year for the proportionate cost of maintaining the Town's
residential streets at the target PCI. Accordingly, the Town may elect to assess
MVRS an annual impact fee of $70,000 to recover this cost.
Staff has prepared draft resolutions for each proposed fee (Exhibits 2 & 3). It is
anticipated that staff will work with MVRS to develop an implementation schedule for
the refuse vehicle impact fee. Pursuant to Government Code provisions, the
construction vehicle impact fee would go into effect 60 days after adoption by the
Town Council. MVRS will submit its annual rate application next week and this
additional fee will need to be incorporated into their rate structure.
March 31, 2005
20f3
,/ .
Town of Tiburon
STAFF REPORT
RECOMMENDA liON
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
It is recommended that the Town Council take the following actions:
1. Receive public comment.
2. Adopt the attached resolutions amending the construCtion vehicle street impact
fee and establishing a refuse vehicle impact fee.
EXHIBITS
1. Hilton, Farnkopf & Hobson Final Report
2. Betsy Straus Legal Opinion '
3. Resolution Amending the Construction Vehicle Street Impact Fee
4 Resolution Establishing a Refuse Vehicle Impact Fee
v
March 31, 2005
3 of 3
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HILTON FARNKOPF & HOBSON, LLC
Advisory Services to "
Municipal Management
2175 N. California Boulevard, Suite 990
Walnut Creek, California 94596
Telephone: 9'15/0/17-6950
FaX: 925jCf77-6955
www.hfh-consultants.com
Northern California
Southern California
Central California
Robert D. Hilton, CMC
John W. Famkopf, PE
Laith B. Ezzet, CMC
Sent via e-mail
February II, 2005
Mr. Pat Echols
Director of PublicWorks/Town Engineer
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Subject:
Refuse Vehicle Street Maintenance Cost Analysis - Final Report
Reference Number: 51947
Dear Mr. Echols:
Hilton Farnkopf & Hobson" LLC (HF&H) was engaged by the Town of Tiburon (Town) to
analyze the" impact of residential solid waste, recycling;. and' yard waste vehicles (Refuse
Vehicles) on residential street maintenance costs (Le., _maintenance, rehabilitation, and
reconstruction costs). This report communicates our results. Also included is a summary of a
legal opinion regarding the validity of imposing a Refuse Vehicle impact fee (attached).
Our analysis is based on available information related to street maintenance costs, funding
sources, traffic volumes, and vehicle profiles for the types of Refuse Vehicles providing service
in the City, their weights and axle configurations, and Service frequency. Should there be any
future material changes to that information, the City may wish to. review the results of the
analysis and change the calculated impacts and any associated fees that might be established. '
Objectives
. The objectives of the engagement were to estimate the Town's projected funding required
to achieve the City' starget Pavement Condition Index (PO) 1 that is attnbuted to
residential Refuse Vehicles.
1 The unit of measure used to rate the condition of pavement. A newly constructed street would have a
PCl of 100, while a failed road would have a PCl of 10 or less.
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HILTON F ARNKOPF & HOBSON, LLC
Mr; Pat Echols
October 4, 2004
Page 2 of 9
Background
Mill Valley Refuse Service (Company) provides residential solid waste, recycling, and yard
waste services in the City. Residential solid waste and recycling service is provided weekly,
while yard waste service is .provided bi-weekly. All three services are provided with two-
person, rear-loading vehicles that generally make a single pass down each street to provide
service (i.e., they service both sides of the street on the same pass). The only exception is in the
case of busy streets where two-passes are required to provide service due to safety
considerations. The Company also utilizes small, &-cubic-yard, rear-loading vehicles to access
certain hard-to-service accounts (e.g., long driveways). These vehicles then deposit their
loads into the back of the larger rear-loading vehicles. In general, the larger rear-loading
vehicles are in close proximity to the smaller vehicles and utilize the same residential streets.
Approach
The underlying premise for the analysis is that the weight anc! loading of Refuse Vehicles
impose a particular, specific, and quantifiable impact on residential streets. The analysis is
based on the fact that the typical residential street is designed to handle a certain amount of
vehicle traffic (loading) over its design life. That loading is a function of both the number and
weight of vehicles. The lifetime "vehicle loading" that a street can accommodate can be
expressed as the total number of Equivalent Single Axle Loads (ESALs). Each vehicle type
(e.g., Refuse Vehicles, construction vehicles, other trucks and automobiles) can also be
converted into an associated FSAL, based on the vehicle's weight and its distnbution among
the vehicle's axles. By projecting the type and number of vehicles that will travel on a street
over its design life, the total number of FSALs can be calculated, and the street designed to
handle that projected loading. Similarly, the relative impact of each type of vehicle on that
street can be calculated, based on the percentage of the total ESALsattnbuted to each vehicle
type.
While the Town currently receives various non-discretionary funds to maintain its streets (e.g.,
gas ta?< apportionments; traffic congestion relief funds) this funding generally does not cover
all costs, and any resulting shortfall must be paid from discretionary funds (e.g., general fund,
motor vehicle license fee revenue) andj or available Restricted Balances for Street Purposes
(i.e., balances of non-discretionary street purpose funding). Our analysis estimates the
funding requirement attnbuted to residential Refuse Vehicles at projected maintenance level
(cost) required to achieve target PO of 70, as reported by the Town.
The allocation of 'those costs to residential Refuse Vehicles is based on the above-referenced
FSAL ~ysis.
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HILTON F ARNKOPF & HOBSON, LLC
Mr. Pat Echols
October 4, 2004
Page 3 of9
I
Findings
Based on current pavement-related expenditures and additional funds required to achieve a
PCI of 70, the residential street funding requirement is $651,000. This is calculated by
allocating the total funding requirement for all streets amongst the various street types (i.e.
residential, collector, arid arterial) by the number miles of each type of street in the Town.
As shown in the following table, based on the approach described above, we project that
Refuse Vehicles account for approximately 10;9% of the total impact that a typical residential
street experiences. Assuming the same percentage of the residential street portion of the
funding requirement can be attributed to Refuse Vehicles, this is equivalent to approximately
, $70,000 annually at the estimated cost to achieve the City's target PCI of 70. Accordingly, if
the City wishes to recover the amount necessary to achieve the City's target. PCI, it would
assess the Company an annual fee of $70,000. '
RESIDENTIAL STREET IMPACT ANALYSIS
20-yr Lifetime per lane
Solid Waste Vehicles 691 345 $28,000 4.4%
Yard Waste Vehicles 492 246 $20,000 3.1%
Recycling Vehicles 540 270 $22,000 3,4%
REFUSE VEHICLE SUBTOTAL 1,723 862 570,000 10.9%
Other T rocks 2,215 1,108 $91,000 14.0%
Construction Vehicles " 8,979 4,489 $370,000 56.9%
utomobiles 2,874 1,437 $118,000 18.2%
TOTAL 15,792 7,896 $651,000 100.0%
It should be noted that reasonable ranges exist for various key assumptions used in our
analysis, and that the analysis is highly sensitive to changes in certain of the key assumptions.
A discussion of key assumption sensitivities is provided later in this report. It should also be
noted that construction vehicles accoUnt for the majority of the projected impacts, which is
consistent with the Town's prior findings in support of the establishment of its Street Impact
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HILTON F ARNKOPF & HOBSON, LLC
Mr. Pat Echols
October 4, 2004
Page 4 of 9
Fee related to construction vehicles. While this consistency,with the prior analysis eXists, it is
important to understand that, the assumptions made regarding the impact of construction
vehicles on the Town's roads in this study are not based on data specific to the town, but
instead to generic data developed through studies in other Bay Area jurisdictions.
Overview
Road maintenance is based on deterioration. While roads will deteriorate if simply left
unused, most deterioration is associated with use. The damage caused by vehicles increases
much more than proportionately with size and weight. Hence, maintenance costs are greater
for trips made by heavy vehicles. A single, large truck can cause as much damage as
thousands of automobiles, and a truck's configuration can affect the amount of damage as
well. If the load is spread over more axles, allowing for less weight on each wheel, then
damage is reduced.2 Refuse Vehicles are generally some of the heaviest, if not the heaviest,
vehicles regularly' operating on residential streets. Accordingly, Refuse Vehicles contribute
significantly to the cost of maintaining those streets.
It is generally acknowledged that preventative maintenance is the single most important
component of an effective pavement management program and that each dollar spent on '
preventative maintenance now saves as much as five.dollars or more in future costs. The key
is to maintain streets and roads in good condition (at a relatively low cost), rather than
allowing pavement to deteriorate to the point where extensive rehabilitation or reconstruction
becomes necessary.
Local roads within the Bay Area have an average PO of 65.3 The Town's streets also have any
average PCI of 62, which falls in the category of "Good" (60-74). While this is a generally
positive rating, rapid deterioration of pavement typically occurs after roadways drop to. a PO
score of 60 or lower.4 Therefore, assuring adequate funding for an effective pavement
management program for the City's streets is critical. Delays in preventative maintenance
increase the quantity and severity of pavement defects, and result in higher costs during
pavement life. Consequently, using only a routine and reactive approach will considerably
increase the life cycle costs of the pavement. 5
2 Rufolo, Cost-Based Road Taxation, Cascade Policy Institute, Policy Perspective #5, November 1995.
3 Bay Area Transportation, State of the System 2003; Metropolitan Transportation Commission and Caltrans District
4.
4 Metropolitan Transportation Commission "Current ISsues in Pavement Maintenance and Management." July
2002: '
5 A Pavement Preventative Maintenance Proaram; Larry GaIehouse, P.E., L.S.; Michigan Department of
Transportation.
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HILTON F ARNKOPF & HOBSON, LLC
Mr. Pat Echols
October 4, 2004
PageS of9
As part of its ongoing efforts to maintain and improve its streets, the Town has established a
target PCI of 70. It has estimated that approximately $1,000,000 per year in pavement related
costs will be required over the next five years to achieve this level. While this target PCI is a
significant improvement over the current rating, it is still well below the range of 80 to 85,
considered the most cost effective PCI to maintain.6 Should the City wish to achieve a PCI
higher than its current target, additional funding would be required.
Methodology
The methodology used 'to project the impact of ' Refuse and Construction Vehicles can be
summarized as follows:
Determine Number of. Vehicle Trips by Vehicle Type
HF&H worked with the Town and the Company to develop an understanding of the number
of average daily vehicle trips by vehicle type (refuse, construction, other truck, and
automobile). During this process, HF&H:
. consulted with the Company to determine the number of trips their vehicles took on each
street within the Town; and
. reviewed information provided by the Town that reported average daily traffic.
Determine the Impact of Each Vehicle Tvpe
HF&H collected from the Company and through independent investigation, vehicle weights
and profiles for the various. vehicles being studied in this analysis,' Each vehicle type was
modeled based on weight, vehicle engineering specifications, axle profile, and average
payload. This modeling produced an average ESAL for each vehicle type which was then
used to assess the direct impact of each vehicle trip by each vehicle type.
Project Maintenance Costs Associated with Each Vehicle Type
. 'The Town provided, through their Pavement Management System, a target funding
amount of $1,000,000 per year for the next five years to achieve their target PCI of 70, this
assumption was used as the basis for the funding requirement;
. The funding requirement for pavement-related activities was allocated among residential,
collector and arterial streets in proportion to the percentage of lane miles for each of those
6 Metropolitan Transportation Commission.
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HILTON F ARNKOPF & HOBSON, LLC
Mr. Pat Echols
October 4, 2004
Page 6 of 9
street classifications; and
. The residential street portion of the funding requirement for pavement-related activities
was allocated among the various vehicle types in proportion to the calculated impact of
each vehicle type, as determined above.
Key Assumptions/Inputs
The analysis relied in part on the following key assumptions, provided largely by the Town,
HF&H, and/ or the Company (supplemented with data from other sources as noted):
. Residential streets account for approximately 67% of the total residential, collector, and
arterial lane miles in the Town;
. An average of 500 vehicles travel on a typical residential street each day, withl.3% of
those vehicles being trucks, and 75% of the trucks being construction related vehicles;
. Residential solid waste and recycling service is provided weekly;
. Residential yard waste service is ,provided biweekly;
. Residential ,solid waste, recycling and yard waste vehicles typically travel on each
residential street segment once to provide service (i.e., they service both. sides of the street
on a single pass);7
. Refuse Vehicle tare weight and payload weight data was provided by the Company;
. Refuse Vehicle axle weight distribution profiles were based on data provided by vehicle
manufacturers for the same or similar vehicle types;
. Axle weight data for Other Trucks, construction vehicles, and automobiles was based on
data from a variety of sources and the impact of these vehicles is highly sensitive to change
based on these assumptions; and
. The Town's funding requirement to reach the target PeI of 70 is $1,000,000 per year over
the next five years.
Using the assumptions noted above, the portion of the Town's funding requirement associated
with residential Refuse Vehicles was calculated 'following the previously descnbed
methodology.
7 The analysis does not account for any additional passes due to vehicle routing (e.g., "dead-heading"
over a previous~y serviced street).
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~ HILTON FARNKOPF & HOBSON, LLC
Mr. Pat Echols
October 4, 2004
Page 7 of 9
Limitations
. Our analysis is specific to the impact of residential Refuse Vehicles on residential streets
and does ,not account for any impacts on collector or arterial streets. 8
. Our analysis does not account for the potential impact of any non-vehicle-related faCtors
(e.g., underground utilities). To the extent any such factors affect street maintenance and
rehabilitation costs the impact attributed to the different vehicle types would be affected.
. Our analysis is based on the various' assumptions noted, including the total number of
vehicle trips and average ESALs associated with the various vehicle types. Changes to
these assumptions may have a material affect on the analysis.'
. The impacts of construction vehicles, other trucks, and automobiles stated in this analysis
are based on generic ESALs and traffic levels derived from studies in other jurisdictions
with varying demographics.
. The projection of maintenanCe costs needed to achieve the City's target PCI are based on
the stated target of 70. Should the City wish to achieve a higher PCI, additional funding
would be required.
Sensitivity Analysis
As noted in the Limltations section above, our analysis is based on a number of key
assumptions, and changes to those assumptions may have a material impact on the resulting
findings. The following information provides an overview of the relative impact of changes in
certain of our key assumptions on the projected impacts associated with residential Refuse
Vehicles.
Funding Requirement
Our analysis is based on a total funding requirement, for all streets, of $1,000,000. Changes to
that amount would have a directly proportional effect on the amount allocated to residential
Refuse Vehicles (e.g" a change in the funding requirement amount of 10% would result in a
10% change in the amount of costs allocated to residential Refuse Vehicles).
8 While residential Refuse Vehicles also travel on non-residential streets to access residential
neighborhoods, and exert an associated impact on those streets, that impact is minimal This is due to
the relatively lower number of miles traveled and the relatively higher impact of other vehicle types
(particularly trucks) on non-residential streets.
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~ HILTON F ARNKOPF & HOBSON, LLC
Mr. Pat Echols
October 4, 2004
Page 8 of 9
Refuse Vehicle Trips
Changing the I:lumber of trips assumed for Refuse Vehicles has a direct effect on the projected
impacts (e.g., the calculated impact for a Refuse Vehicle making two passes down each street
segment is twice that of aRefuse Vehicle making only one pass). While the current number of
trips associated with residential Refuse Vehicles is well established, changes to the collection,
methods (e.g., switching from two-pass rear loader solid waste collection to one-pass fully
automated side loader collection) would impact the number of Refuse Vehicle trips and the
associated impact.
"-,
Total Vehicle Trips and Percentage of Vehicle Types
Changing the number of total vehicle trips (without changing the number of Refuse Vehicle
trips), affects the projected impacts in roughly inverse proportion (e.g., doubling the number
of total vehicle trips reduces the calculated impact of Refuse Vehicles by about half, while
halving the number of total vehicle trips roughly doubles the calculated impact).
Changing the percentage of total vehicles assumed to be trucks has a material impact on the
analysis. The impact of trucks is substantial; therefore, as the percentage of trucks increases,
I their relative impact increases, while the relative impact of Refuse Vehicles decreases. There is
a similar relationship with automobiles, however, that impact is not as significant ~ue to the
lesser relative impact of automobiles. "\
)
Equivalent Single Axle Loadings (ESAL)
Changing the assumed ESAL for Refuse Vehicles has a roughly proportional effect on the
calculated impact. If we double the associated FSAL, the impact roughly doubles. Simifarly,
if we reduce the assumed ESAL by half, the impact is reduced by about half., While we have
attempted to estimate the FSALs for Refuse Vehicles as accurately as pOSSIble, those
calculations are highly sensitive to assumed vehicle weights (both loaded and unloaded) and
the distribution of that weig)1t among the vehicles axles.
,
The assumptions regarding the ESALs ,of Other Trucks, construction vehicles, and
automobiles also affect the calculated impacts associated with Refuse Vehicles. Changes in the
'assumed ESALs of Other Trucks, construction vehicles; and automobiles have an inverse effect
on the calculated impact of Refuse Vehicles (i.e., as the assumed ESAL of Other Trucks,
construction vehicles, and/ or automobiles increases, the calculated impact of Refuse Vehicles
decreases and visa versa). The impact of changes in the Other Truck ESAL, however, is more
significant than similar, relative changes in the ESAL of construction vehicles or automobiles,
since the overall ESALs of Other Trucks are more significant.
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HILTON F ARNKOPF & HOBSON, LLC
Mr. Pat Echols
October 4, 2004
Page 9 of9
Legal Opinion
In Howard Jarvis Taxpayers Association v. City of Los Angeles, the court reaffirmed that: (1) a
fee imposed on a user (such as a refuse collection company) rather than a property owner is
not ap,rbperty-related fee; and (2) a fee may not exceed the cost of service or facility provided.
A legal opinion from Betsy Strauss, Esq., City Attorney for the City .of Rohnert Park and
Special Counsel to the League of California Cities found ,that such a fee:
. Is a (regulatory) fee, not a tax, provided the amount of the fee does not exceed the sum
reasonably necessary to cover the costs of the regulatory program (street maintenance);
. Is not subject to the procedures and restrictions of Proposition 218, because it is not a
property-related fee or charge, since it will not be imposed on property owners for a public
service having a direct relationship to property ownership;
. Would require a study that considers appropriate jurisdiction-specific factors necessary to
substantiate the basis of the amount of such a fee; and
. Would be lawful to include in any new refuse collection franchise, and may be possible to
impose during the term of an existing franchise, provided certain conditions are met
The legal opinion is attached.
1(,1(,1(,01- 01- 01- 01-
We appreciate the opportunity to' be of service to the City. If you have any questions
regarding this submittal, please do not hesitate to call me directly at (925) Cffl-6952, or Rob
Hilton at (925) 977-6956.
Very truly yours,
HILTON F ARNKOPF & HOBSON, LLC
~~du~
Robert D. Hilton, CMC
President
Attachment - Legal Opinion
~.. :t
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BETSY ,STRAUSS
AttofntJ at Law
1,
VIA FACSIMILE
July 19, 2002
William Schoen
Hilton Famkopf & Hobson
2940 Spafford Street, Suite 210
Davis, CA 95616
Dear William:
Hilton Farnkopf & Hobson has requested th&t i provide a legal opinion on the vuIidit'j of
imposing a refuse vehicle impact fee. The purpose of this letter is to set forth that
opinion.' .
The Residential Refuse Vehicle ImDSel Fee,'
The residential refuse vehicle impact fee is a fee imposed on a refuse hauler to defray the
impact of residential refuse vehicles on the cost of maintaining residential streets. The
fee would be imposed upon, and payable by, the city or county's refuse hauler, The fee is
based upon the assumption that the weight and loading of refuse vehicles impose a
particular, specific, and identifiable impact on residential streets that increases the cost of
maintaining those streets and reduces their useful life.
The Factual Assumptions
The analysis in this letter is based upon the following factual assumptions:
I. The useful life of a typical residential street is 20 years. An average of250
vehicles travel on a typical residential street each day over its lifetime, with 4% of
those vehicles being trUcks other than refuse vehicles.
2. Roadway maintenance is based on deterioration. There are three primary causes
of roadway damage: aging of asphalt (20%); sun, rain, and other weather
conditions (20%); and vehicle impact (60010).
3. The weight of the refuse vehicles (as well as other vehicles) and the number of
axles are significant factors in the cak:ulation of impact. The damage caused by
vehicles goes up much more than proportionately with size and weight.
4. The impact of a vehicle on a residential street is measured in terms of single axle
equivalents (SAE). One car is equal to .0008 SAE. One trash truck, one-half full
is equal to 0.379 SAE (or 475 cars). One single fL~le trash truck" one-half full is
1595KingAvenue Napa} CA 94559
(707) 253-0435 Fax (707) 258-8892 -
lnunibwlCwul.com
"
" ,
equal to 2.71 SAE (or 3390 cars). One recycling truck is equal to 0.524 SAE (or
655 cars).
5. There are 5 SAE per day on a typical residential street. Assuming that the useful
life ofa typical residential street is 20 years, then there will be 36,500 SAE over
the life of the street divided between aU cars, all, trash trucks and all othertnlcks.
If the SAE for trash tnlcks were removed from the equation, the useful life of the
street would be extended if the SAE for aU cars and other trucks remains constant.
6. It costs the same amount to maintain a street over its lifespan, regardless of the
length of the lifespan. If the length of the lifespan is extended, then the annual
cost of street maintenance goes down.
There are four legal issues associated with the proposed fee: (1) Is the fee actually a tax
that requires voter approval? (2) Is the fee subject to the requirements of Proposition
218? (3) Is the fee preempted by State Jaw? (4) Would imposition of the fee on an
existing refuse collection franchisee violate the contracts clause of the federal or state
Constitution?
-Fees and Taxes
Goveminent levies fall into three categories: taxes, special assessments, and user or
regulatory fees. Each class of charge has particular characteristics, limitations. and
purposes, I "Tax" is a term without fIXed definition. The word may be construed
narrowly or broadly depending on its particular context and the purpose for which the
definition is to be used, In its broadest sense, a ta.'X includes all charges upon persons or
property for the support of government or for public purposes, In narrower contexts, the
word has been construed to. exclude charges to particular individuals which do not exceed
the value of the governmental benefit conferred upon or the service rendered to the
individuals; and to exclude charges against particular individuals for governmental
regulatory activities where the fees involved do not exceed the reasonable cost of the
, regulatory activities. 2 The residential refuse vehicle impact fee is a regulatory fee (rather
than a user fee) since the fee is not imposed to "use" residential streets. Rather, the fee is
imposed for governmental regulatory activities that are directly related to the fee payer's
activities. Ifa business imposes an unusUal burden on city services, a municipality may
properly impose fees pursuant to, itS police power to assure that personS responsible pay
their fair share of the cost of government. 3
I Special assessmenrs, Dot at issue in this opinion. are made for the purpose of completing a specifIC public
, improvemenl: in a designated district pursuant to express legislative authority; they are compulsory charges
and are, imposed upon specific real propeny todefraytbe cost of the proposed local public irnprovemenL.
!saac v. City of Los Angeles (19~8) 66 Cal. App. 41h 586, 594.. - , '
- Mills v. CormtyofTrinity (1980) 108 Cal.App.3d 656. 659. The fonner are c:alled"user fees;" the latter
are called ''m!uJatory fees."
J Sinclair Paint Co. v. State Bf!'lrd of Eqzmlization (1997) IS Cal.4111447, 455.
2
";\
i .
Traditionally, courts have determined whether a local government charge denominated a
regulatory fee is an exercise of the police power or the power to raise revenue by
analyzing the use of the fee involved rather than relying on its label. The general rule is
that a regulatory fee must not exceed the sum reasonably necessary to cover the costs of
the regulatory program in order to be considered a fee rather than a guise for a tax.4 As
long as enactments are not in conflict with general laws, tbe power to impose valid
regulatory fees is not dependent on any legislatively autborized taxing power but exists
pursuant to the direct grant of police power under article Xl, section 7 of the California
Constitution.5
, ,
CONCLUSION: The residential refuse vehicle impact fee is a (regulatory) fee, not a
tax, because the amount of the fee will not exceed the sum reasonably necessary to cover
the costs of the regulatory program (street maintenance),
Prooosition 218 Fees
In November 1996 the voters approved Proposition 218, the Rightto Vote on Taxes Act,
The proposition amended the California Constitution, adding article XIIID. Section
3(a)(3) provides that:
No tax, assessment, fee, or charge shall be assessed by any agency upon any
parcel of property or upon any person as an incident of property ownership
except.. ,as provided in this article.
"Fee" or ~'charge" means "any levy other than an ad valorem tax, a special tax, or an
assessment, imposed, ,. upon a person as an incident of property oV\tnership, including a
user fee or charge for a property-related service. "Property-related service" means "a '
public service having a direct relationship to property ownership.,,6 This definition
means that not all fees or charges must comply with Proposition 218: Proposition 218
applies only 'to that subset of fees imposed upon a person as an incident of property
ownership, or levied for a public service having a direct relationship to property
ownership, Proposition 218 only restricts fees imposed directly on property owners in
their capacity as such.7 For example, the City of Los Angeles adopted an ordinance that
required owners of all residential rental properties subject to inspectjon under its program
to remedy substandard housing conditions, to pay a fee, The City did not comply with
the procedures and restrictions of Proposition 218. The Court upheld the fee finding that
although property owners paid the fee, the fee was imposed on landlords not in their
capacity as landlords, but in their capacity as business owners, The fee was only imposed
~ Mills v. Count)' of Trinity (1980) 108 Cal.App.3d 656. 661.
~ County of Plumas v, Wheeler (1906) 149 Cal. 758,763. For a cautionary note on whethetthe proposed
fee conflicts with the general law, please see page _ ofthis lener.
, _ Art. XIlID, ~ 2(h).
I Apartment Associalion ofw Angeles COllntyv. Cit)' of Los Angeles (2001) 24 C81.4111 830,838.
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an thase landowners who. chose to. enga,e in the residential rental business, and enly
while they were aperating the business.
The residential refuse vehicle impact fee will be imposed an a business owner, nat a
property awner. The fee is for a public service (raad maintenance) but that service does
not have a direct relatianship to. praperty ownership. Road maintenance mare likely has a
direct relationship to. the safety of pedestrians and metoris~s.
CONCLUSION: The residential refuse vehicle impact fee is nat subject to. the
procedures and restrictions af Proposition 218 because it is nat a property-related fee or
charge because it will not be imposed an praperty owners far a public service having a
direct relatianship to. property awnership.
State Preemntian
As discussed abave, the authority to. impose a regulatory fee derives directly from the
police pawer granted by article XI, section 7 afthe California Canstitution. That sectian
pravides that a city ar caunty may adapt ordinances and atherwise regulate in the public
interest, as lang as the regulatian is nat in conflict with the general laws of the State. An
ardinance is in conflict with the general laws o.fthe State if it (1) contradicts; (2)
duplicates; ar (3) enters a subject maner area that has beenfully occupied by state law.
When the state determines that a particular subject matter area is of paramaunt state
concern, then the legislature prohibits lacal regulatian in that area to. achieve a uniform
statewide approach,
The analysis is slightly different for charter cities. Far a general law city, the inquiry
stops with the question of whether a canflict exists betWeen the local ordinance and the
state law, If there is a conflict, the local ardinance fails. However, the home rule
provisian afthe Canstitutian,9 authorize a charter city to exercise plenary authority over
municipal affairs, free from any constraint imposed by the general law and subject anly
to canstitutionallimitations. In addition to. explicitly granting charter cities savereignty
aver municipal affairs, the home rule pravision recognizes state legislative supremacy
aver matters which are not municipal- affairs and are, instead, "statewide concerns," If-
there is a contlict between the charter city's local ordinam:e and the statelaw, the charter
city ordinance will survive-unless the subject matter area is a "matter of statewide
concern. n Only the caurts can answer the question of whether the subject matter is a
matter af statewide concern. to , _'
In November 1989 the voters appro.ved Propositian 1 ] 1. Among other provisions, this
ballot measure increased the excise tax on motor vehicle fuel from $,09 to. $.14; and
increased commercial vehicle weight fees by 40% in August 1990 and an additionall 0%
in January 1995. ~ommercial vehicle weight fees are paid to. the State by commercial
vehicles with a certain minimum weight. The legislature adopted a companion measure
· [d. at p. 840.
· Cat ConSl. An Xl, Section 5.
HI California Federal Savi1rgS and Loan v. CilJ'ofLos A.ngeles (1991) 54 Cal.3d I.
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to Proposition 1 1-1 (SeA 1) that would only take effect if thev:oters approved Proposition
Ill. Vehicle Code ~ 9400,8 provid'es:
Notwithstanding any other provision of law, if the voters approve Senate
Constitutional Amendment I...no local agency may impose a ta.", permit fee, or
other charge for the privilege of using its streets or highways, other than a permit
fee for extra Jegalloads, after December 31. 1990, unless the local agency had
imposed the fee prior to June 1. 1989.
Vehicle Code ~ 9400.8 occupies the field of charges that may be imposed "for the
privilege of using its streets or highways,..." This means thata general law city may not
impose a tax, fee or other charge for the privilege of using its streets or highways. A
charter City may adopt such a tax, fee, or other charge unless the subject area - charging
, for the use of streets and highways - is a matter of statewide concern, A court would
ultimately detennine whether the state has a more substantial interest in the subject than
the charter city. J [ Although it is not possible to predict with certainty how a court would
treat the conflict between a charter city's fee for the privilege of using its streets and the
prohibition contained in Vehicle Code ~ 9400,8, it would seem reasonable to conclude
that because ' this section of the law was adopted in conjunction with a voter-approved
stat~ide meaSure, that the state has a more substantial interest in the subject than the
charter city. The prohibition contained in Vehicle Code ~ 9400.8 seems intended to
ensure that the commercial weight fees increased by Proposition III would be the
maximum fees imposed for the privilege of using the streets,
Vehicle Code 9 9400,8 was adopted as part of Chapter 1337 of the 1989 Statutes.
Section 4 of Chapter 1337 is an uncodified section of the law that provides:
Nothing in this act shall be construed to allow local governments to
impose fees not otheIWise authorized by statute.
The Constitutional grant of the police power provides the authority to impose the
residential refuse vehicle impact fee. Therefore. it is not necessary to rely on he "act" for
authority. The word "statute" is construed to include a reference to the California '
Constitution.
CONCLUSION: The proposed residential refuse vehicle impact fee is a regulatory fee
not a user fee, (The nature of the regulatory fee will be discussed in the section on
methodology,) As a regulatorY fee~ it would not violate Vehicle Code ~ 9400,8 because it
does not charge refuse trucks for the "privilege of using". streets or highways but rather
charges refuse trucks to defray the increased maintenance costS attributable to those
trucks. I have been unable to find any interpretation of Vehicle Code ~ 9400.8, Norbave
I been able tofind'any interpretation of the uncodified section of Chapter 1337 of the
1989 statutes. This causes me to provide a cautionary note: If the phrase "privilege of
using its streets,'" in Vehicle Code S 9400,8 is construed broadly. it is possible that a court
could determine that the residential refuse vehicle impact fee were such a fee, Cities and
II Johnson v. Bradley (1992) 4 CaI.40 389. 403-404.
5
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counties receive a portion of the coIJUriercial weight fees. These fi.!nds are' eligible to be
used for the same purposes as is the tU on motor vehicle fuel. 12 One of these eligible
purposes is street maintenance.13 It is possible to construe the residential refuse vehicle
impact fee as a. prohibited fee for the privilege of using the streets, since funds generated
by the same law in which the prohibition is found, may, be used for street maintenance. I
do not think that such an interpretation. would be correct. Any. city or county adopting
this fee should include language in the enabling ordinance to distinguish the residential
refuse vehicle impact fee from a fee for the privilege of using its streets.
Contracts Clause
The Constitution prohibits either the state or a local government from passing a law that '
impairs the obligations 'in an existing contract. 14 The City of Santa adopted' a trench cut
fee' ordinance and imposed the fee .on gas companies, Southern California Gas has held a
franchise to provide gas service to the City of Santa Ana since 1938. The Court assumed
that the trench cut fee was a valid exercise of the police power. However, the Court in
Southern California Gas v. CilJl of Santa Ana ruled that the franchise right granted to the
Gas Company to lay and maintain pipes. and appurtenances in return for payment of a 2%
franchise fee was impaired by the imposition of any additional charge by the City. The
Court discounted several reSerVations in the 1938 franchise, including .one requiring the
franchisee to comply with all subsequently adopted police power regulations. Although
not articulated, it seems reasonable to speculate that the fact that the trench cut fee was
imposed only on holders of gas franchises influenced the Court and inclined it toward the
impairment of contracts argument. The Santa Ana case has been appealed to the federal
circuit court of appeals.
CONCLUSION: It clearly would be lawful to include the requirement to pay the
residential refuse vehicle impact fee in any new refuse collection franchise. There is no
contracts clause issue until there is a contract to impair. However, if a local government
proposes to adopt this fee during the term of its refuse collection franchise, three steps
must be taken: (I) carefully review the language of the franchise agreement to determine
whether the contract requires the franchisee to pay subsequently adopted fees; (2)
carefully review the language of the franchise agreement to determine whether the
agreement implicitly or'explicitly requires the city to maintain the streets (without further,
compensation from the franchisee); and (2) follow the progress of the Santa Ana case on
appeal.
Methodol02v.
12 Vehicle Code * 4220:;.
13 CaI.Const.arr. XIX. S";.2.
l~ Cal. Const. Art. I S 9:
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A regulatory fee must be limited to tbe amount necessary to carry out the purposes and
provisions of the regulatory program, IS Such costs include all ~ose incident to the
system of supervision and enforcement, 16 The government bears the burden of proving
that a regulatory fee is a valid fee.17 This means that the government must set forth the
evidence that supports the nature of the fee, rather than the challenger setting forth the
evidence explaining why the fee is invalid, The government must establish (1) the
estimated costs of the service or regulatory activity; (2) the portion of those costs
,'attributable to refuse collection vehicles; and (2) the basis for determining the mannedn
which the costs are apportioned, so that charges allocated to the payer be8.r a fair and
reasonable relationship to the payer's burdens on the regulatory activity. Courts look to a
variety of evidence in detennining whether the agency has satisfied that burden. The
record must demonstrate a reasonable relationship between the fees to be charged and the
estimated cost of the service or program to be provided; that requirement,may be satisfied,
by evidence showing only that the fees will generate substantially less than the
anticipated costs, 18
The methodology proposes to isolate the maintenance cost associated with the operation
of refuse vehicles on residential streets. Cost is'expressed.as lost savings: Annual
maintenance cost savings cannot be realized because of the impact of the operation of
refuse vehicles on residential streets. The operation of refuse vehicles on residential
streets increases the local governments' annual maintenance cost by reducing the useful
life of the residential street, But for the operation of refuse vehicles on residential streets,
the useful life of the streets would be extended and, therefore, the anriual maintenance
cost would go down.
Prior to considering adoption of the residential refuse vehicle fee, an extensive'stUdy
wouJd be required to (I) relate, and if necessary, modify the factual assumptions so as to
make them applicable to the city or county adopting the fee; 19 (2) establish the annual
cost of maintenance of a residential street; (3) calculate that portion of the cost of
maintenance attributable to refuse vehicles; (4) establish the estimated cost of foregoing
the adoption of the fee; and (5) substantiate the basis for determining the manner in
which the costs are apportioned, so that charges allocated to the payer bear a fair and
reasonable relatIonship to the payer's burdens on residential streets.
I have reviewed some of the material that your initial analysis relies on, including the Ft,
Collins' study and the infonnation generated for the City ofPetalwna In my opinion the
methodology is sound: However, the factual assumptionS must be confinned against the
local conditions in the city or county that proposes to adopt the fee. Your proposal
15 There is some risk that a court would find that maintenance of residential streets is not a "regulatory
program.... A regulatory program is often discussed in tenns of licenses. permits, and investigation. It may
. also be possible to describe the program for which this fee is charged as regulation of refuse collection.
I~ California Association ofProJessional Scientists (2000) 79 Cal.AppAdL 935,945.
I. Bemtnlonllnvestors v. Beallmont-Cherry Valley Water District (1985)165 Cal.App.3d 227, 235.
IS Cily of Dublin v. County of Alameda {1993) 14 CaI.App.4d1264, 283.
19 For example, determine whether the factual assumptions regarding the number of SAE per day per
residential street; the SAE attributable to the refuse trucks used by the locality's franchisee; the percentage
of deterioration due to weathcNelated conditions; and the useful life of residential streets.
7
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relates the cost of maintaining a residential street to each residential account because
refuse vehicles are providing service to'each residential account,20 Therefore your
proposal distributes the cost among the residential accounts. I would suggest that.this
step not be included in the methodology for two reasons: by spreading the cost over
residential refuse accounts,. the fee begins to take on characteristics of a user fee rather
than a regulatory fee, If the fee is a user fee that is imposed on the refuse hauler, then (1 )
it potentially rUns afoul of Vehicle Code ~ 9400,8; and (2) the methodology to detennine
the amount of the fee will be different. S inee the fee is imposed on the refuse, hauler to
defray its impact on the maintenance cost of residential streets, I suggest that the .fee be
expressed only in a lump sum amount,
CONCLUSION: The proposed methodology, with one exception, is sound and
conforms to the principle that a ~gulatory fee must be reasonably related to the fee
payer's impact on the regulatory program, I am recommending excluding that step in the
methodology that determines the average residential. street maintenance cost per month
per residential account. It will be necessary for a city or county proposing to adopt the
fee to review its franchise agreement'to determine whether (1) the fee can be passed
through to the customer; and (2) if so, if the pass-through constitutes a rate increase that
is inconsistent with the terms of the franchise or. which requires the city or county to
undertake rate increase proceedings. '
,
Proper drafting of the enabling ordinance for the residential refuse vehicle impact fee is
critical to the legal validity of the fee. ' If you continue to be interested in proposing this
fee to your clients, you may wish to consider providing a model ordinance with yom
materials,
Thank you for the opportunity to work on this very interesting project. Please call me to
discuss any questions or comments that you have about the information contained in this
letter. ..
Sincerely, .
~
c: Bob Hilton
10 The average residential street maintenance cost per month per residential account associated with refuse
vehicles is calculated by dividing the annual "cost" by the total n\ltnber of residential accounts, and then
dividing by twelve months.
8
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A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
ADOPTING A REFUSE VEHICLE IMPACT FEE
TO PROVIDE FOR RESIDENTIAL STREET REPAIRS
RELATED TO DAMAGES CAUSED BY RESIDENTIAL REFUSE VEHICLES
I. WHEREAS, the Town of Tiburon (Town) is required to fund ongoing street projects to
repair residential streets; and I
II. WHEREAS, traffic associated with residential solid waste, recycling and yard waste
collection vehicles (Refuse Vehicles) places a significant burden on residential streets
and is a significant cause of residential street damage; and, .
III. WHEREAS, the Town commissioned an independent study that determined the annual
residential street maintenance cost associated with residential Refuse Vehicles is
approximately $70,000; and,
IV. WHEREAS, the Town Council has considered that independent study analyzing the cost
of residential street maintenance resulting from Refuse Vehicles; and,
V. WHEREAS, the Town Council has determined that the cost to the Town for such
residential street repair resulting from Refuse Vehicles should be offset by the collection
of fees charged to the Town~s franchised solid waste services provider to cover at least a
portion of the costs to the Town; and,
VI.' WHEREAS, the- Director of Public WorkslTown Engineer has concluded that the
following fees will cover the proportionate costs to the Town for its residential street
maintenanCe costs resulting from residential Refuse Vehicles; and,
VII. WHEREAS, the proposed Refuse Vehicle Impact Fee has been noticed consistent with
California Government Code Sections 66018.
NOW, THEREFORE BE IT RESOLVED, that the following fees are to become effective
consistent with State law and shall be subject to the requirements and collected as specified
herein: '
1. An annual Refuse Vehicle Impact Fee of $70,000 shall be assessed to the Town's
franc~i~~~soli.~_ wa~t~ coll_~~tion :servi~s proyi~er__an~ relT1i~ed t? the Town ~n~:gl.J~rterly
ba~.i_s',':conslsterit,Wit6:;~b~-idurrent;\resi'aen~-ial"~QiiCli'w~sj~::coii~Ction;6i.illng ;..~chedule;'
2. Refuse Vehicle Impact Fees shall be retained in a separate fund with all fund accounting
and reporting performed consistent with State law.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held
on the 6th day of April, 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NAYS:
COUNCILMEMBERS:
ABSTAIN:
ABSENT:
, ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
MILES BERGER, MAYOR
TOWN OF TIBURON
\ \ 10.0.0.6\ shared\ Administration\ Town Council\Resolutions\2005\Refuse Vehicle Fee Reso.doc
Page 2 of 2
RESOLUTION NO. 03-2005
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON MAKING CERTAIN FINDINGS REGARDING
FEES COLLECTED FOR STREET IMPACT PURPOSES
The Town Council ofthe Town of Tiburon does hereby resolve as follows:
( , ,
WHEREAS, for the past several years, the Town ofTiburon has assessed street
impact fees in conjunction with,building'permits in order to'partially offset the cost of roadway
damage caused by construction activity; and
WHEREAS, the Town began collection of its street impact fee in FY 1999-2000,
pursuant to Town Council Resolution No. 3330, effective July 5, 1999; and
WHEREAS, the Town of Tiburon has collected street impact fees since adoption
of Resolution 3330 in 1999. Pursuant to the California Government Corle, the Town Council is
required to make certain findings relative to unexpended funds collected for such purposes after
the fifth fiscal year in which the initial deposit is made, and
WHEREAS, the Town has prepared the required documentationregarding the
unexpended fees and such documentation has been available for public review for at least fifteen
(15) days, and
, WHEREAS, the Town Council received the required documentation in the form of
a Staff Report prior to its meeting of January 19,2005 and held a public hearing on the matter on
January 19,2005,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby make the following findings relative to its unexpended street impact fees.
1. Purpose ofthe Fees. The Town Council finds thatthe purpose of the street
impact fees is to partially offset the costs of maintenance andrepair of Town-
niaintained roadways resulting from damage caused by construction activity.
2. Reasonable Relationship Between the Fees and the Purpose for which they
are Charged. The Town Council finds that street impact fees are based on the
pro rata share of street damage caused by construction activity. The Town
Council further finds that the justification and the mechanism for calculating fees
are adequately set forth in the Staff Report dated May 5, 1999 and the associated
Town Engineer Analysis dated April 22, 1999. Both documents are available for
public review at Tiburon Town Hall.
Tiburon Town Council
Resolution No. 03-2005
1/19/2005
1
EXHIBI~:~)
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3. Sources and Amounts of Funding Anticipated to Complete Financing of
Improvements. The Town Council finds as follows:
a. The Town ofTiburon uses its Pavement Management Program to help
priontize street repair and/or reconstruction needs, The total cost estimate
for the complete list of improvements in the Pavement l'Janagement
Program is $11,8 million over the next five years. At an annual '
expenditure of$500,000 toward the Pavement Management Program, the
Town's streets would continue to deteriorate overall, and the deferred
maintenance costs would rise. At an annual expenditure level of
$1,000,000 the current street condition index would improve but deferred
maintenance costs would continue to rise. The current Pavement
Management Plan, dated August 29, 2003, is available for review at Town
Hall,
b. Street repair and maintenance resulting from construction-related damage
is an ongoing process. As long as new construction, remodeling, and other
construction-related activity occurs in the Town, street damage will result.
For FY 2004-2005, a total of$300,000 is budgeted from the street impact
fund for street repairs.
c. The Town is aware that additional sources offunding, including but not
limited to, funds from the State and Federal governments, County of Marin
Congestion Management Agency, and Metropolitan Transportation
CommiSsion, will be required to supplement the Town's street impact fees
in order to maintain the Town's streets in a serviceable condition.
4. Approximate Dates When Necessary Funding is Anticipated to be Deposited.
The Town Council finds that street repair and maintenance resulting. from
construction-related damage is an ongoing process. As long as new construction,
remodeling, and other construction-related activity occurs in the Town, street
damage will result. Typically, street impact fees are expended within 1-3 years of
collection.
Tiburon Town Council
Resolution No. 03-2005
1/19/2005
2
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PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town
ofTiburon, State of California, held this 19th day of January, 2005, by the following vote:
AYES:
COUNCILMEMBERS: Fredericks, Gram, Slavitz, Smith
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Berger
PAUL SMITH, VICE MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council
Resolution No. 03-2005
1/19/2005
3
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C~kY
RESOLUTION NO. XX-2005
A RESOLUTION OF'THE TOWN COUNCIL
OF THE TOWN OF TIBURON
UPDATING THE CONSTRUCTION
VEHICLE STREET IMP ACT FEE
,WHEREAS, on May 5,1999, the Town Council adopted Resolution No. 3330 which established
a street impact fee to provide for repair of roadway damage caused by construction activity; and
WHEREAS, the Town commissioned Hilton Farnkopf & Hobson LLC("HFH") to perform an
independent analysiS of the annual residential street maintenance cost associated heavy vehicle impacts;,
resulting in a study dated October 4, 2004; and,
WHEREAS, the Town Engineer has concluded that the existing fee does not adequately
compensate for the' impact caused by construction vehicles based on the HFH Study; and
WHEREAS, the Town Council has considered the HFH Study, Town Engineer's updated
analysiS of annual road rehabilitation costs and the proportionate share of such costs that are attributable
to vehicle traffic associated with demolition, earthwork and other construction activity, all as set forth in
his Staff Report, the HFH Study and other information in the evidentiary record; and
WHEREAS, the Town of Tiburon has adopted an ordinance (codified as Chapter 14B of the
Municipal Code) establishing the authority for imposing and collecting Public Facilities Development
Fees; and
WHEREAS, the Town has provided public notice of the proposed impact fee in accordance with
Government Code, ~~66000 et seq.
NOW, THEREFORE, BE IT RESOLVED, thatthe Town Council of the Town ofTiburon does
hereby resolve as follows:
1. The existing street impact fee established by Town Council Resolution No, 3330 shall be updated
pursuant to the Town Engineer's analysis.
2, The Street Impact Fee shall be one percent (1.0%) ofthe building permit project valuation.
3. The fee established herein shall become effective in 60 days and shall be collected and maintained
as set forth herein and as required by law.
III
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,TOWN COUNCIL
LA TEMAll # cp
MEETING DATE L/- &- O~'-
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon
on by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
MILES BERGER, MAYOR
Town of Tiburon
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TOWN OF TIBURON, CALIFORNIA
R,r;~~C;~m'~.N}E~f?);t::'>':F.' ','.'
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ADOPTING A REFUSE VEHICLE IMPACT FEE TO PROVIDE FOR RESIDENTIAL STREET
REPAIRS RELATED TO DAMAGES CAUSED BY RESIDENTIAL REFUSE VEHICLES
I. WHEREAS, the Town of Tiburon (Town) is required to fund ongoing street projects to
repair residential streets; and"
II. WHEREAS, traffic associated with residential solid, waste, recycling and yard waste
collection vehicles (Refuse Vehicles) places a significant burden on residential streets
and is a significant cause of residential street damage; and, ' '
III. WHEREAS, the Town commissioned Hilton Farnkopf & Hobson LLC ("HFH") to perform
an independent study that determined the' annual residential street maintenance cost
associated with residential Refuse Vehicles is approximately $70,000; and, "
IV. ' WHEREAS, the Town Council has considered the HFH study dated October, 4, 2004,
analyzing the cost of residential street maintenance resulting from Refuse Vehicles; and,
V. WHEREAS, based on the HFH study, the Town Engineer's Staff Report and ether
materials in the administrative record, the Town Council has determined that the costte
the Town for such residential street repair resulting from Refuse Vehicles should be
offset by the collection of fees charged to the Town's franchised solid waste services
previder te cover at least a port!en of the costs te the Town; and,
VI. WHEREAS, the Director of Public WorkslTown Engineer has concluded that the
. following fees will cover the proportionate costs to the Town for its residential street
maintenance costs resulting from residen'tial Refuse Vehicles; and,
VII. WHEREAS, the proposed Refuse Vehicle Impact Fee has been noticed consistent with
Califernia Government Code Sectiens 66018.
NOW, THEREFORE BE IT RESOLVED, that the following fees, are to become effective
consistent with State law and shall be subject to the requirements and collected as specified
herein:
1. An annual Refuse Vehicle Impact Fee of $70,000 shall be assessed to the Town's
franc;~ise~solid..wastE3.,c()lI~c!i()n ,servi.CE3s provid~rand remitted to th.e Town 9n;~'qU~rte~ly
t5asisL~'c6nsistentGwithtth~e:icurrerittresidentialsse\ie;waste>c'olleCtlori,l5fili!f('i.$chedule.
.'.. ,.,., .... ..'" ..'" .. ... ,.,.,.....,.. .'..'..',.. "",...."..... ..,'-.., " '..' ". ,....,.,,,,.,......., '. ....,., ,g...., '", .... ..
2. Refuse Vehicle Impact Fees shall be retained in a separate fund with all fund accounting
and reporting performed consistent with State law.
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PASSED AND ADOPTED at a Regular Meeting of the Town Council of the Town of
Tiburon, held on the 6th day of April,:2~$9i by the following vote:
COUNCILMEMBERS:
AYES:
COUNCILMEMBERS:
NAYS:
COUNCILMEMBERS:
ABST AIN:
COUNCILMEMBERS:
ABSENT:
MILES BERGER, MAYOR
TOWN OF TIBUORN
ATTEST:
Diane Crane lacopi, Town Clerk
S:\Public Works\Engineering Division\Impact Fees\Street Impact\Refuse Vehicle Fee Reso.doc
Page 2 of 2
'Table: f/) /'
ConteRtsl
Introduction
Personnel and
Operations
Community
Policing
Budget
The Year in
Review
From ChiefOdetto's Office
In Appreciation
Department Values Statement
A Look at the Department's History
Awards Program for 2004........................................................7
Organization Chart.........:......................................................... 12
Department Personnel and Operations..................................... 13
Training.................................................................................... 16
The Town ............................................... ........... ....... ... ....... ... ...20
Community Oriented Programs ............................................... 23
Baseball Trading Cards.............................................. ..'............ 26
FY 2003 - 2004
In Perspective........................................................................... 30
The Monthly Reports................................................................ 32
Statistical Report 2004...................... ............... .......... .......... ....57
Crime and Traffic Trends......................................................... 58
2004 Annual Report
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2004 Annual Report
111
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From Chief Odg)/
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Tiburon is a safe, well-served
On behalf of the staff of our police department, I am extremely
pleased to present to you the 2004 Annual Report. I would
personally like to thank the men and women of the Department
for their work and contribution to this annual report.
The Tiburon Police Department employs 15 sworn police
officers, 5 civilian personnel and approximately 5 volunteer,
reserve, and part time employees. Department services include patrol, administration,
investigations and a nationally recognized crime prevention program providing exemplary
service to our community.
One of the most challenging issues facing our Town this past year has been our decreasing
budget resources. As sure as the State financial difficulties will continue into the next fiscal
year, the Town of Tiburon will also face continuing fiscal demands by way of increasing
operating costs. In order to combat these complex situations, we at the Tiburon Police
Department have designed a program to efficiently deploy our personnel and to enhance our
services provided to the community with the continued utilization of our Police Service Aide
program. This program required the cross training of many civilian employees to handle parking
enforcement, front office responsibilities and non-emergency reports. This deployment of our
civilian personnel has allowed the sworn officers to remain in the field to handle emergency calls
for service and proactive patrol in the community. We will continue to meet your expectations
tailoring our services towards the needs of the citizens, visitors and business owners of the Town
of Tiburon.
In this report you will find information related to the Department's personnel and services
provided by the Police Department, the Department's budget, and an overview of the events
occurring in 2004. Also this year, the Police Department Website has been vastly improved to
include features such as the Anonymous Tip page, a page regarding information on Megan's
Law, and other useful menus including a copy of this report. If you would like more information
about the Police Department, the Town, or the services we provide, please log onto our website
at www.tiburon.org and visit the Police Department link or call me directly at 789-2801.
Sincerely,
Matthew C. Odetto
Chief of Police
2004 Annual Report
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tackled several
major issues during
the year. The most
challenging issue
faced by the
Tiburon Town
Council in 2004 was
the resolution of the
MERA (Marin
Emergency Radio
Authority) sight
location on Mount
Tiburon. The
Council also worked
with the community
and the Department
to resolve matters
relating to public
safety that best serve the citizens of our Town. The Town Council continued to provide valuable
leadership to the Department during the past year for which we are very grateful. The Tiburon
Police Department is looking forward once a ain to a close workin relationshi with the Town
Council in the years to come. 2004 Tiburon Town Council:
From lefi to right (Standing): Councilmember Paul
Smith, Councilmember Jeffi'ey Slavitz and
Councilmember Tom Gram, (Seated): Mayor Alice
Fredericks and Vice-Mayor Miles Berger,
JfifbOOT!@1JiJ ,@UurcrE J/))rE,@rrd!MJrE1JiJa
In Appreciation. . .
During 2004, the Tiburon Town Council faced a common struggle
shared with many California cities--trying to accomplish more with
fewer resources. The Town Council and the Police Department
For the past four years, the staff of the Town of Tiburon has
worked under the direction of Town Manager Alex McIntyre who
continues to strive to insure that the overall service to the Tiburon
community is second to none. Mr. McIntyre continues to have a
direct line of communication with all staff members. It is vital for
a Police Department to have a rapport built on confidence and
assurance with its Town Manager and we are grateful to have that
type of liaison with Mr. McIntyre.
"
/'
Town Manager Alex McIntyre
2004 Annual Report
2
In 1989, members of the Tiburon Police Department drafted the following Values Statement ':li'om the
bottom up." Members of the Department, including civilian, patrol and administrative personnel developed
the document which has been nationally recognized in law enforcement publications. The document is
displayed throughout the .Tiburon Police Station and is used as an evaluation key.
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ORGANIZATIONAL VALUES STATEMENT
We of the Tiburon Police Department recognize our contribution to the quality of life and a safe environment in our
community through the provision of professional l~nforcement services. We will meet the challenge of
providing these services by basing our thoughts and actiQrts on the following shared values as the foundation of our
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organtzahon: i t
SER VICE",TGf0~GQ
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We value the opportu~.to pr,S?x,j' cF",?~m
continually improve th~u~lity..o(1if!...
indispensable resources in ($6mo"'" '
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We value candor, honesTh"; afill
positions of trust by ih ;\~
California Peace Offi" ,
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Weare aware of ana
because of race, relig'
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We value and accept dieful
'il pI
admit our errors and learn.from em
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ensure our behavior earn"s"".thei 's
demonstrate fiscal responsibif
t:f' -~~. ~
We value the spirit of professionalism, havifig=;a~c ~~~=ofd7Commitment, perspective and direction through
constant self-evaluation. Our professionalism T;lretlected by our demeanor, personal and organizational
competence and excellence in caring for our communi Beare dedicated to achieving the highest standards of the
law enforcement profession.
RECOGNITION AND REWARD
We value an atmosphere which recognizes, rewards, and encourages creativity, innovation, teamwork and mutual
respect. We acknowledge and appreciate commitment to quality performance and recognize the accomplishments of
both our department and each individual who contributes to its success.
PRIDE IN AND ENJOYMENT OF OUR PROFESSION
We value our work and believe it to be a source of enjoyment and satisfaction. We take pride in being an integral
part of the community. We do not take ourselves so seriously that we fail to have some fun doing what we choose
to do -- serving the Law Enforcement Profession with the Tiburon Police Department.
2004 Annual Report
3
Tiburon Chiefs of Police...
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2004 Annual Report
Chief of Police Mike Lafferty (pictured on the left),
was the Town of Tiburon s first Chief of Police.
Chief Lafferty joined the Department in 1972
when it was first fonned coming from the Novato
Police Department. Chief Lafferty served until
1975.
Chief Mike Manick (pictured above), also jointed
the Department in 1972 from the Novato Police
Department and was the Towns first Police
Lieutenant. Chief Manick was promoted to Police
Chiefin1975 and served until 1978.
hl 1978, Chief John Balley (pictured left), was
hired as TibuTon S third Chief of Police after
serving as the Police Chief for King City. Pn'oT to
that, Chief Bailey had a long lllustTious career for
the City of Napa. Chief Bailey served as the Towns
Chief of Police until his TetiTement in 1987.
4
In 1987, Peter Herley (pictured nght),
was hired as the Town s Chief of Police
after a lengthy, flourishing career with
tlle Torrance Police Department.
During his tenure as the Chief of Police
for the Town of Tiburon, Chief Herley
was elected as the President of the
California Police Chief's Association, a
rare honor for a Chief of Police of a
relatively smaller California Police
Department.. Chief Herley was also
instrumental in overseeing the
developipent and construction of the "
current Tiburon Police FaCility which
will celebrate its 5th anniversary in
2005. Chief flerley served as Chief
until his retirement in 2000.
2004 Annual Report
In 2000, the Towns current Chief of Police
Matthew Odetto (pictured to the left), was
hired after serving many successful years with
the Marin County Shenff's Office. Chief
Odetto was no stranger to the personnel here
at the Tiburon Police Department when he
arrived in 2000, as he served many years as a
member of the Southern Marin sub-station
where he worked closely with many Tiburon
Officers. Prior to his arrival at Tiburon PD,
Chief Odetto developed his leadership skills
working as the Commander of the Central and
Northern Patrol Districts as well as the
Commander of the Coun~ys Special Response
Team. This, along with his ability to treat and
manage people fairly and his leadership skills
made Chief Odetto the perfect fit to bring our
Department into the 21st Century!
5
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Awards Recognition Program
Each year, the Tiburon Police Department recognizes selected members of the Police
Department and the Community who distinguish themselves through meritorious or outstanding
service or significant contributions to the well being of the organization. This program, known
as the Tiburon Police Department A wards Recognition Program, is presented annually at the
Police Department Holiday Dinner.
In order to achieve the utmost benefit of the awards program, it is vital that all levels of the
Department recognize its significance and insure that momentous acts are promptly and properly
recognized and reported. Any employee may recommend a member for a Department award or
letter of commendation. The recommendations will include all reports and other information
which will assist in an evaluation of the action. The committee is chaired by the Police
Lieutenant, which includes supervisors, patrol officers and civilian personnel. Nominations are
reviewed by the committee and the findings are sent to the Chief of Police for his review and
approval.
The following is a list of award winners for 2004 that were presented at the Department Holiday
Dinner at the Cattleman's Restaurant on December 10,2004.
f'l.. 8-ar't";.:ff,,> /~ 7'i~11rltfJ; 6\..'-f' /(Pl~;I1'i'i'WiQ!t;1! li;'rl;'''~~''fj1!
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Officer Shane Ford
The Tiburon Police Department acknowledged Officer Shane
Ford for his exemplary dedication and performance during the
past year. Officer Ford's infield investigations, courtroom
demeanor, work ethic, integrity, and natural intuition have lead
to many arrests, an exceptionally high prosecution rate and have
undoubtedly been responsible for the prevention of countless
more crimes. The following are two specific examples of
Officer Ford's performance during the year:
In the early morning hours of April 23, 2004, Officer Ford
observed a suspicious vehicle driving on Stewart Drive. The
vehicle was stopped for a brake light out and the four occupants
were contacted. The subjects did not know what town they were
in or where they had come from.
The driver consented to a search and burglary tools, flashlights,
2004 Annual Report
7
handcuffs and a Stanford University badge were found. It was later determined that the
handcuffs and badge had been stolen from a vehicle in San Francisco. Due to the fact the
subjects were in possession of burglary tools it is most probable that they had intended to commit
a crime in Tiburon and were prevented by Officer Ford's tenacity and intuition.
On November 26, 2004, Tiburon Police Officers responded to a report of a residential burglary
that had just occurred on Mountain View Drive. The suspect fled on foot and a minimal
description was given. As the officers approached the victim's house, Officer Ford instinctively
turned down Lagoon View, thinking the suspect may have traveled through the property of a
neighboring residence. As he made the turn, he saw a dark vehicle approach and Officer Ford
turned his spotlight on the driver, who matched the description of the suspect. A subsequent
vehicle stop led to the arrest of the suspect and the recovery of the victim's property.
The tradition to protect and to serve the community through the prevention of criminal activity is
evidenced in Officer Ford's performance. For his service to the Town of Tiburon and his
dedication to his chosen profession, law enforcement, Officer Shane Ford was awarded the
Tiburon Police Department Certificate of Commendation.
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! -~ f iii' /'/i ,"_~' I .. ,} 7J /' 1,_'/'( i/l ," it'll
~~ ~ /'tjca dl 0;/ 1/ ,pprecUL ~Jon
Sergeant James T .Me Veigh
On September 23, 2004, Tiburon Police Sergeant Jim
McVeigh and Officer Jerry Wachowiak were dispatched to
310 Neds Way. The units were told there was an injured
subject on the street at the bottom of the hill. While enroute,
units were told a person had been stabbed and was inside the
residence. The units were also told the suspect was the
victim's son and he had fled the scene. What transpired over
the next several hours was not only one of the most dramatic
crime scene investigations in Tiburon Police Department
history, but one of the best examples of leadership and
teamwork as well.
When Sergeant McVeigh arrived, he immediately assessed
the victim's injuries and rendered first aid to the victim.
Sergeant McVeigh, upon determining that the victim had been
stabbed repeatedly about the head, face and neck,
immediately took control of the scene by requesting medical
attention for the victim and by directing that a perimeter of
the area be established in an effort to try and apprehend the
suspect. Sergeant McVeigh requested allied agencies for
assistance and directed them to appropriate locations on the perimeter. Sergeant McVeigh also
used all available Tiburon Police personnel, sworn and civilian, to search the area for potential
pieces of evidence.
2004 Annual Report
8
C~1!tifict:ltQ; of)Eppreciatiollt
.~ ,,t/ ,., .. ,
Officer Jerry Wachowiak
Officer Jerry Wachowiak was the first Officer to arrive on this horrific crime scene. When he
arrived, Officer Wachowiak also rendered first aid to the victim, summonsed fire and medical
assistance and obtained valuable information at the scene to assist with the criminal
investigation.
Officer Wachowiak secured the crime scene
and photographed the entire area for evidence.
During a search of the interior and perimeter
of the area, Officer Wachowiak found an
identification card of the suspect and was able
to identify the defendant as the victim's son.
Both Sergeant McVeigh and Officer
Wachowiak spent countless hours on this
investigation, including 24 hours on the day of
the incident. In the end, the suspect was
apprehended and the victim, though needing
hours of surgery, survived this brutal attack.
For the leadership, tenacity, investigative
ability and above all, teamwork demonstrated
during this case, Sergeant Jim McVeigh and Officer Jerry Wachowiak were both awarded with
the Tiburon Police Department's Certificate of Appreciation.
Other Letters and Certificates ojJlppreciatiQn,
2004 Annual Report
The following Department members and
private Citizens were also awarded Letters or
Certificatates of Appreciation:
~ Officer Travis Higgins - for his third
consecutive year of recognition by the
State of California and Mothers Against
Drunk Drivers acknowledging his efforts
in the area of DUI enforcement.
Chief Matt Odelto and Lieutenant Dave Hutton present
recognition mvards at the 2004 Tiburon Police'
Association Holiday Banquet.
9
Officers receive donation for the Tiburon
Police Association Children's Scholarship
Fundfi'om Ms. Chong Cook.
~ Ms. Chong Cook for her support of the Tiburon Police Department and our family
members.
~ Officer Mike Slobodnik for the leadership and supervision he demonstrated on Team
Three during the year.
~ Lieutenant Dave Hutton - for his preparation of the Tiburon Police Department's
first Annual Report and for his work on the Department's Web Site.
Group photos taken at the
Association Holidav Dinner.
2004 Annual Report
10
Pers()nne]
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&i
('''v
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Operations
2004 Annual Report
11
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O. o. 4- e, Ii C1h t
! JrganlZ3JI!Jl.Onai ,I .~....~lr j
Police Chief
Patrol Lieutenant
Investigation Department
Secretary
I I I I
Patrol Support Sergeant Sergeant Sergeant Sergeant
Reserve Officers I-- (Day Shift) (Day Shift) (Evening Shift) (Evening Shift)
Patrol Officer - Patrol Officer ~ f- Patrol Officer f-- Patrol Officer
Patrol Officer - Patrol Officer I-- '- Patrol Officer '-- Motorcycle Patrol
Officer
Police Service Aide - Police Service Aide I--
Police Service Aide -
(Part-time) Q
2004 Annual Report
12
JlOlbTfjTf@!fij 1 @Uarr:~ mJ~lf)(ffjTfitrmrJ~!fija
Administration
The Administration of the Department includes the Chief of Police,
the Lieutenant, the Detective Sergeant and the Department's
Administrative Secretary., The Administration Division of the
Department is responsible for upper level managerial oversight of
all major operational units of the agency.
The Chief of Police has ultimate
responsibility for developing and
communicating the vision of the
Department within the Town of
Tiburon. The Chief, using a
participatory management style,
provides leadership to the
~ Department by setting proper
Department policy, directing
strategic planning and by setting the
goals and objectives for the entire
organization.
Chief Mati Odetto and Lieutenant Dave Hutton
revievving a report to present to the Town
rnunci/.
In fiscal year 2003-2004, The Department had a total budget of over $2.1, million dollars, a
combined fulltime, part-time, and volunteer contingent of 25, served a population of 8,900
citizens, which can triple at times including merchants and visitors during the busy summer
months. The Police Department received over 11,000 total calls (service oriented and officer
initiated). As such, the Department operates much like a medium-size business venture, with our
objective being that of modem-day problem solving and efficient law enforcement leading to an
improved quality of life and established public safety for the Town's citizens, businesses and
visitors.
As established in the list of the Administrative Division at the Tiburon Police Department, the
Town is fortunate to be lead by administrative personnel that average over a quarter of a century
each in law enforcement expertise:
Administrative Personnel
Name Position
Years of Service
Matthew C. Odetto
David M. Hutton
Stephen D. Hahn
Cindy Rodriguez
Chief of Police
Lieutenant
Detective Sergeant
Administrative Secretary
2004 Annual Report
26
26
17
33
13
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JlOlbTfjTf@!fij 1 @Uarr:~ mJ~,@TfitrmrJ~!fija
Patrol
The Tiburon Police Department maintains a Patrol Division of
4 Sergeants and 9 Officers, with one sergeant previously listed
working both patrol and investigations responsibilities. The
Patrol Division operates on a 3/12 work schedule, working 12 hour days for a total of 240 hours
in a 42 day work period. This schedule utilizes a team concept of policing
allowing the same "team" of supervisors and patrol officers to work together on
the same days on the same shift during a six month rotation. During the year,
this alignment of personnel allowed the Patrol Division to meet the
Department's minimum staffing requirements allowing the officers to work
together while at the same time minimizing shift overtime significantly.
In 2004, Palrol
Personnel
responded to
over 7, 100 calls
f(Jr service Fom
the public.
handled more
than 3,800
officer initiated
activities,
including 222
arrests, an
increase of39%
over 2003.
The Patrol Division handled 7,106 calls for service in 2004. These included
calls to handle criminal investigations, traffic collisions and suspicious
circumstances; burglary and robbery alarms at residential and commercial
buildings, medical aid calls, calls to assist other allied agencies, and calls to
assist citizens with civil matters. Officers and Police Service Aides added 683
moving citations and 2971 parking citations over the year which totals 11,061
calls for service and officer initiated incidents combined. Police Reserves and
Police Service Aides supplemented patrol in areas of parking enforcement, traffic control, special
Town functions, administrative details and crime prevention assignments. In addition to routine
patrol, officers walk foot beats in the Downtown and work bicycle patrol in both the Downtown
and residential areas. Officers make regular security checks of Town parks and licensed
establishments. Officers working the midnight shift continue the time-honored tradition of
"shaking the door knobs" in the downtown to provide an additional measure of security to our
merchants. Officers initiated over 2,000 such activities during the year.
Chief Odetto addresses the staif at a
Department tvleeting in December of
2004.
2004 Annual Report
14
JlOlbTfjTf@!fij , @Uarr:~ mJ~,@TfitrmrJ~!fija
In contrast to the Administration Division, the Town of Tiburon is
fortunate to be served by a Patrol Division that is comprised of a blend
of veteran officers mixed with a young, enthusiastic staff. The Patrol
Division serves the Tiburon Community 24 hours a day, 365 days a
year. From supervisors, to patrol, to reserve support and civilian
personnel, the patrol force averages nearly 10 years of service to the Town of Tiburon.
The following is a list of the patrol personnel providing service to our community:
Patrol Personnel
Name
Position
Years of Service
Mike Mourgos
Jim Me Veigh
Bob Rossi
Jerry Wachowiak
Mike Slobodnik
Jamie Waterman
Travis Higgins
Rob Law
Wendy Gloeckner
Cindy Baxman
Shane Ford
Gunnar Googins
Danny Gonzalez
Kevin Swift
Mike Mojabi
Jean Ahuncain
Support Personnel
Name
Sergeant
Sergeant
Sergeant
19
19
26
Officer / FTO / DARE Officer
Officer / FTO / Motors
Officer
Officer / FTO /Juvenile Officer
Officer / FTO
Officer
Officer / FTO
Officer
Officer
19
6
4
8
4
3
3
6
1
Reserve Officer
Reserve Officer
Reserve Officer
Reserve Officer
8
8
9
4
Position
Years of Service
Laurie Nilsen
Cece Garcia
Caitlin Collins
Catherine Rossi
John Kern
2004 Annual Report
Police Service Aide
Police Service Aide
Police Service Aide
Police Service Aide
Police Volunteer
10
4
2
1
6
15
JlOlbTfjTf@[f{J '@Uarr:~ mJ~,@TfitrmrJ~[f{Ja
Training Division
Police Officers Standards and Training
(POST)
The State of California Commission on Peace Officer Standards and Training has been involved
in continuing education and training for police officers for over 27 years. The Commission sets
standards for this training and provides various levels of reimbursement to agencies whose
employees attend POST approved classes. In 2004, the Department continued to provide
,I necessary training to employees in all the areas of
the Law Enforcement field. The Training Division is
managed by the Department's Investigator, Sergeant
Steve Hahn. Managing this Division not only
requires identifYing training needs and arranging
classes, but it also requires maintaining records of
all Departmental training as well.
During the last twelve months, Department.
personnel attended 87 POST approved courses;
logging 1859 hours of POST sponsored training. A
few of the courses that Department personnel
attended in 2004 ranged from the Basic Police
Academy to Traffic Collision Investigation, Digital
Crime Investigations (Computer Crimes and Identity
Theft) Racial Profiling, Tactical Communications
and POST Management School. The Department
continues to be active in POST's internationally
recognized Sherman Block Supervisory Leadership
Institute, sending members' of the staff to participate as students and instructors. Also in 2004,
the Administrative Staff and the Sergeants attended a POST Team Building Workshop facilitated
by the Director of Justice Training Institute, Tom Anderson. This was the first Team Building
Workshop to be held under t~e Administration of Chief Odetto which focused primarily on
opening the lines of communications between Administration and Patrol.
2004 Annual Report
16
The list below delineates formal POST training received by Department members during 2004.
This list does not reflect the many in-house training received such as monthly scheduled firearms
qualification shoots conducted by a consortium of firearms instructors from local allied agencies
and from our own Department firearms instructor.
TRAINING CLASS
# OF ATTENDEES
Racial Profiling
Tactical Communications
1 st Response to Child Sexual Abuse
Report Writing
Crisis Intervention Training
EP AS (Evidential Portable Alcohol System)
Public Records Act
POST Supervisory Course
Identity Theft Investigation
POST Instructor Development
Crisis Negotiation
Internal Affairs Investigation
Computer Training: Word 2000; Levell
Radar Operator
Less Lethal Shotgun
Patrol Rifle
Traffic Accident Investigation
SEMS lncident Command System
Digital Crimes Investigation
Basic Police Academy
Criticallncident Response for Supervisors
Arrest & Control
Defensive Driving
Teambuilding Workshop
CPOA 2005 Legislative Update
POST Management Course
10
8
12
1
1
17
1
1
1
1
1
1
1
3
12
12
1
1
2
1
3
2
2
6
3
1 Police Department Administrative Staff
attend a Team Building Workshop in
May of 2004 facilitated by Tom
Anderson.
2004 Annual Report
17
2004 Annual Report
.......;.. . .-
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CrJime PrJevention
And
Community
PoHcing
19
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01ilJlt Community=Commuuity Poli~
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Community
Oriented Policing
builds on the
understanding that
it is the
Community itself
that can best say
what it thinks it
needfJ f;'om its
Police Department
- and that the
Police and the
Community must
work together to
accomplish jointly
set goals through
cooperative
efforts.
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The Town of Tiburon
The Town of Tiburon covers approximately 14 square miles and has
approximately 42 miles of roadway. The Department serves a population
of approximately 8,900 residents.
For law enforcement and calls for service, the Town is divided into two
areas with an officer assigned to each. Although the Town is broken into
two separate geographical sections, the patrol officers regularly cross the
boundaries from one area to the other. This system not only allows more
overlap and coverage for routine type patrol, but also can concentrate
more personnel for area specific problems. When not bound to a specific
part of the Town, officers can collaborate their efforts and work closely
with the residents to solve community issues.
Officers Mike Slobodnik and Travis
Higgins show a police car and
motorcycle to Tiburon school children
during a recent tOllr of the police
station.
2004 Annual Report
20
'~,
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San Francisco Bay
MILL VALLEY
~
n 17
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o 025 0.5
\ 1 I I 1 I
1 Miles
I
Prepared by the Town ofTiburon Community Development Department
Ja nua ry 2004
Area 1
Area 1 or Beat 1 covers the east part of the Town from the Town limits with the County at
Agreste Drive to A venida Mira Flores and borders with the Town of Belvedere. The Area
encompasses the Downtown district a portion of the residential community and the San
Francisco Bay.
Chief OdeI/o with the Community Downtown.
Officers take an active role in problem solving
and make themselves available to the public as
much as possible. The Downtown district
accounts for much of the Department's reactive
enforcement, by way of traffic and parking
incidents and commercial related calls for service.
The surrounding neighborhoods have traditionally
given officers more opportunity to be proactive.
Part of the allure of Tiburon is the historic
Downtown district. It contributes to the "small
town community" feel, and finds itself the host of
public events. The Department has been ~
instrumental in the success of events such as the Wine Festival, Opening Day on the Bay and the
new "Friday Nights on Main Street." To safeguard the invaluable tradition the Downtown offers,
the patrol officers maintain a high degree of complimentary presence with foot beats, bicycle
patrol, vehicle enforcement and nightly business checks.
2004 Annual Report
21
Area 2
Area 2 or Beat 2 covers the West part of the Town from Avenida Mira Flores to the City limits at
Blackfidd Drive and north on the back side of Paradise Drive to the Corte Madera City limits.
Comprising a great deal of the Town's residences, Area 2 also includes the Cove Shopping
Center and Del Mar Middle School. Here too, community involvement is a high priority, with
time spent focusing on neighborhood-specific issues.
The Cove Shopping Center is an active part of Area 2 based on the large number of patrons that
visit each day. Patrol officers devote time during each shift to make regular checks of the
businesses and keep in touch with shop owners. Much like the Downtown, foot patrols are a key
element in the way information is shared with business owners in the Shopping Center.
The Department is working hard to maintain the good relationship we have with the
administration and student body at Del Mar Middle School. This year, the Department members
participated in several school related events including a program'entitled "The Law and You."
This is a program that educates the youth in current laws that affect their daily lives. We look
forward to future involvement with all of the schools, continuing current programs and working
to develop new initiatives. We will continue to be an active voice in the education of our Town's
youth.
IN WHAT OTHER WA YS DO WE SER VE OUR COMMUNITY?
THE EMERGENCY OPERATIONS CENT-ER
In an effort to better serve our community, the Police Department Training/Conference Room
also serves as the Emergency Operations Center (EO C) for the entire Tiburon Peninsula. All
Department Personnel have received training in this area and are prepared to establish the EOC
in a moments notice.
Tiburon and Belvedere stafJ~' develop their
skills in a disaster drill held in the
Emergency Operations Center at the Tiburon
Police Department in March of 2004. (Photo
compliments of Diane Smith, Ark
Newspaper.)
2004 Annual Report
22
Community Oriented Programs
Throughout this annual report, we have tried to give you a better understanding of the people of
the Tiburon Police Department whose charge is to serve and protect you. Now that you know
more about us, let us review with you what your Police Department is doing to make things
better for Tiburon.
At the Tiburon Police Department, we believe that Community
policing fosters a better relationship and develops a partnership
between citizens and the police. The Tiburon Police
Department has developed many programs to help build that
relationship, many that date back to 1987. One particular
program, the Vacation House Check Program, has been in
existence since the inception of the Tiburon Police Department
in 1972. All of the below listed programs continue to flourish
under the current administration of Chief Matt Odetto.
Sergeant Mike Mourgos is in charge of the Tiburon Police
Department Crime Prevention Unit. Sergeant Mourgos has
been a member of the Police Department since 1986 and was
promoted to the position of Sergeant in 2002. Sergeant
Mourgos is well known for his relationship with the
community including residents, merchants and visitors alike
\
and is a perfect fit to lead the Crime Prevention unit.
In order to ensure you live or work in a safe and secure
community, here are just some of the community programs that
Sergeant Mourgos and the Tiburon Police Department have for
you!
Dru2: Abuse Reco2:nition Education (DARE) - The Drug Abuse Resistance Education
(DARE) program in the schools assists in developing self-esteem in our young citizens and
methods from which they can say "No" to drugs and other temptations they may encounter
throughout their lives.
"You Are Not Alone" ("Y ANA") - The Tiburon Police Department gained nationally
recognition for developing its "You Are Not Alone" ("Y ANA") program. Tiburon's elderly and
disabled population are called each morning to ascertain how they are feeling. If there is a
problem or there is no response, police officers are immediately dispatched to the citizen's home.
Nei2:hborhood Watch - The police department works with homeowners associations to develop
Neighborhood Watch groups. Neighbors are taught to work together to recognize suspicious
circumstances, what to do if something suspicious occurs, and what to do to protect yourself
from being a crime victim at home or away. The program also develops "neighborhood
responsibility," in partnership with the police, to ensure a safe community.
Business Watch - Business Watch is a Neighborhood Watch-type program directed toward
businesses.
2004 Annual Report
23
"Operation Identification" - In order to quickly identify stolen property that is recovered, the
Police Department provides instructions and an engraver to citizens which enable them to
engrave their driver's license numbers on valuables.
Citizen Ride-Alone Proeram - Citizens are encouraged to ride with our police officers during a
shift to obtain a better understanding of Tiburon police work.
"Fineerprint Your Child" - The Police Department fingerprints virtually all the children in our
schools. The fingerprint cards are then given to their parents should the fingerprints be needed in
the future.
"Home Security Inspections" - At no charge, police officers will evaluate your home's
vulnerability and also provide suggestions to increase its security.
"Crime Prevention Packets" - Crime Prevention Packets
are provided to residents to increase their awareness of
crime prevention techniques to lessen their possibility of
being a crime victim.
"Bicycle Safety Rodeo" - Bicycle Safety Rodeos are
presented in our schools by members of the Tiburon Police
Department Bicycle Patrol Unit. Children are taught proper
habits of safe bicycle riding.
"Good Driver Proeram" - The "Good Driver Program"
has earned national recognition! When an officer observes a
driver exhibiting good driving habits (e.g. being courteous),
the driver is stopped and given a "Good Citation" and a
"reward" (e.g. discounts, free turkeys, free dinners, etc.) by
the business community.
V acation House Checks - While many police departments have eliminated checking homes
when residents are on vacation, our Department continues this tradition. This program provides
a feeling of security for our residents while they are away on vacation.
Meet an Officer Day - A few times a year, our officers attend a full day of classes in all our
schools from kindergarten through fifth grade. Students are contacted and have an opportunity
to meet and talk with a police officer.
"What To Do" - Police officers provide important instruction to small children in our schools to
recognize what child molestation is and what to do if confronted with a molestation situation.
Volunteer Proeram - The police department is expanding its volunteer program. Volunteering
provides citizens with an opportunity to help-the community in often a very interesting and
challenging way. When qualified citizens volunteer a few hours a month, it allows us to
maintain our progressive public service programs.
2004 Annual Report
24
What does the Tiburon Police Department do for you?
In short, the Department is striving to better the experience that is Tiburon as it pertains to our
involvement. The concept of Community Oriented Policing has been in place in Tiburon for
many years and has only received an official title the past few years. The members of your
D~partment believe in ajob well done for the betterment. of our community. After all...that's
the way good policing has always been done!
The Tiburon Police Department prides itself on being a strong part of the community we serve.
To that end, we participate in, or organize the above listed programs to enhance the quality of
life in and around the Town of Tiburon. If you would like to have further information or
participate in any of the above programs, please call Sergeant Mike Mourgos at 789-2811 or
Officer Jerry Wachowiak at 789-2813.
Officer Jerry Wachowiak presents
his 2004 DARE Class at graduation.
2004 Annual Report
25
Baseball Trading Cards
In 2004, in order for our Department to reach out further to our community, especially to the
youth, the Tiburon Police Department Baseball Card Program was establish~d. Each Officer or
Police Service Aide, at his or her own expense, purchased Baseball Trading Cards to be
distributed to the public. Below you will see the image of the front of each individual
Department member's Baseball Trading Card. To see more information on each Officer,
including his or her own personal message, please be sure to visit the Police Department's web
page at http://www.townoftiburon.org/Police/main.htm and click on the Tiburon Police Tool /
Tiburon Police Baseball Cards link.
2004 Annual Report
26
2004 Annual Report
27
....
T'ibuxon Police Department
Budget
2004 Annual Report
29
'~",
/.
JlOlbTfjTf@[f{J '@Uarr:~ mJ~,@TfitrmrJ~[f{Ja ,.< .
c~
The Budget - In Perspective
The population of the Town has been generally stable for the
last 10 years. The Town's overall' budget has increased
during those years due to inflation and an increased demand
for services. The same is true for the Police Department's
budget. The budget for the Town of Tiburon for Fiscal Year
1993-94 was $3,134,650 in FY 2003-04 it was $6,207,990 an increase of 98%. The Police
Department's budget grew from $1,447,950 to $2,161,061 during the same time period, an
increase of 49%.
FY 2003-2004 Budget
As in most parts of government, the highest cost center (and the largest resource) is the
Department's personnel. This year labor increased slightly (l %) as a percentage of the total
costs while services decreased a corresponding amount. As illustrated below, the 72% of the
Police Department budget is devoted to labor costs, 27% to supplies necessary to operate the
, Department and another 1 % is dedicated to outside services and contractors. For Fiscal Year
2003-2004, the Police Department finished the year 13% below our anticipated budget.
~004 Annual Report
30
Fbr~t QUlrt~r 2004
On January 2, the Police were called to the Bradley House on Esperanza after a fifty-five year
old male resident reportedly assaulted the seventy-two year old manager of the complex. The
manager signed a citizen's arrest and the suspect was taken to the Marin County Jail.
Also on January 2, a Novato resident visited a residence on Greenwood Beach Road. While he
went inside, he left his "girlfriend" in the car with the engine running. When he came out, the
car was gone. The "girlfriend" told the victim a short time later by phone that she had gotten
tired of waiting and simply drove off to San Francisco. When asked to return the car, she said
that it had been stolen from her in the City. A report was taken for the theft of the vehicle which
actually belonged to the parents of the victim. On January 21, the San Francisco Police located
and recovered the vehicle. The "girlfriend" was prosecuted for the theft.
On January 14, and again on January 23, "hot-prowl" burglaries took place in the evening hours.
The first occurred in the upper area of Gilmartin Drive and the other in the upper area of Reed
Ranch Road. Both homes border on open space. Both homes were occupied by the residents at
the time of the break-ins which were forcible entries through ground level glass. In both cases,
the burglar confined his activities to the master bedroom escaping with a significant amount of
jewelry without being seen or even heard at the time of the crime. It was never determined if
these burglaries were the work of the same
subject(s) involved in the rash of "hot-prowl"
burglaries on the Tiburon Peninsula in the
autumn of 2003.
In this Auto vs. Pedestrian trqfJic collision,
the patient was fortunate to have sl!fJered
only minor injuries.
On January 23, a 48 year old Tiburon man was
struck while walking in the cross walk on
Tiburon Blvd. at Neds Way by a car driven by a
70 year old San Francisco man. The pedestrian
destroyed the windshield of the car as he was
thrown about sixty feet. He was transported to
Marin General Hospital by the Tiburon Fire
Department where he was fortunately fomid to
have no serious injuries aside from some small
cuts and bruises.
On January 25, Police responded to a residence in the upper Blackfield Drive area where the 20
year old son of the family had been going into fits of rage over presumed medical problems. The
son had recently returned home from southern California and was convinced that a newly
prescribed medicine was reacting badly with his long-time prescription of Paxil. He had been
throwing objects around the house, one of which inadvertently hit his mother in the face. The
family was now in fear for their own safety. The son fled from the house when the Police
arrived. He was located a short time later at the Cove Shopping Center and was peacefully taken
into custody and transported to the Crisis Unit at Marin General Hospital.
2004 Annual Report
33
On January 26, Police responded to a report of a disturbance involving two women in the street
on Lyford Drive. A 67 year old Tiburon woman and a 40 year old Belvedere woman, both
intoxicated, had been having an argument in the street. The Tiburon woman's husband came out
and escorted his wife inside. The other woman began to go back to her car to drive off. When
the Police intervened, she flew into a rage and fought with the Officers. With the assistance of
two more Officers from Belvedere, the woman was finally subdued without injury and
transported to the Marin County Jail. On the way, the woman continued to struggle, attempting
to kick out the windows of the patrol car, banging her head against the inside of the patrol car
and at one point biting one of the restraining Officers on the shoulder. It was later learned from a
family member that the woman was under the influence of cocaine as well as alcohol.
On January 29, Police were once again called to a residence on Circle Dr. where a 12 year old
boy reportedly had assaulted his mother. On this occasion he was taken to the Juvenile
Detention facility in Lucas Valley. Earlier that same day, Police had gone to the residence after
the boy had threatened to hurt his mother and himself. At that time, he had been taken to the
Crisis Unit at Marin General Hospital. His stay there was apparently brief and ineffectual. The
boy was subsequently transported by his family to the native country of his parents to be placed
with family members there. The boy continued his bad behavior abroad and after a few months,
has returned to Tiburon to live with his mother and step-father. Police have repeatedly returned
to their Pine Terrace residence in response to outbursts by the now 13 year old boy. As of
December, he is once again incarcerated in the Juvenile Detention facility in Lucas Valley after a
number of assaults on his mother and a social worker at his residence.
On the evening of February 6, Police were called to the Caprice Restaurant for an "unwanted
subject." The Police contacted a 41 year old Tiburon woman who was not so intoxicated but
rather having some type of mental/emotional problem. She was transported home and turned
over to a responsible adult there. That turned out to be only a temporary solution. The next
morning at about 4:30, she was found running down Tiburon Blvd. near San Rafael Ave.. When
she told the Officers about the "voices" she was hearing, she was given a ride to the Crisis Unit
at Marin General Hospital.
Four more residential burglaries were reported during the month of February, all involving
entries through unlocked/unsecured doors. One is believed to have occurred while the residents
were home. On February 3, a Miraflores Lane resident reported the loss of jewelry from the
master bedroom sometime that day. On February 7, a similar report was received from a Stewart
Dr. resident - a daytime loss of jewelry from the master bedroom. On February 17, a report was
received from a resident on Corte Las Casas that he had returned home after a four day absence
to find his house had been entered and searched. The loss included jewelry and other small items
including several handguns. On the evening of February 22, a Point Tiburon resident called the
Police to her condo because she had found a rear sliding glass door open and her patio gate ajar.
No one had been seen or heard. The Officers found no one in the area and the resident reported
no apparent loss or disturbance of property. The next day, she called back and reported that she
was missing her purse, personal papers and jewelry that she estimated to be worth between
$150,000.00 and $200,000.00. Several days later, a Main St. business person found the contents
of her purse and personal papers in a trash can on the rear deck of 23 Main Street. The jewelry
was not recovered.
2004 Annual Report
34
In the early morning hours of February 27, an Officer stopped a vehicle for a Vehicle Code
violation on Tiburon Blvd. near Rockhill Drive. The two young male adults from the East Bay
had quite a bit of suspicious property in the car. The driver consented toa search of the vehicle.
In the process, the passenger was found to be in possession of drug paraphernalia and he was
arrested and booked into the County Jail. At the time of the stop, it could not be established that
the property in the car was stolen. When the Jail Deputies searched the Martinez man at
booking, they found that he had hidden a small wallet with identification in the rear portion of
his pants. The identification was for a volunteer firefighter with the Tiburon Fire District who
resides on Spanish Trail. A quick follow-up determined that he had indeed been the victim of
theft from his unlocked vehicle. The Pleasant Hill Police were called and responded to the
residence of the driver who had been released after the original stop. He was found to be on
probation with a search waiver. The rest of the stolen property from Spanish Trail was located
and that subject was booked into the Contra Costa County Jail for possession of stolen property.
On February 29, an Officer on patrol
was alerted to an argument occurring
in front of a residence in Bel Aire.
The argument was between a woman
in her seventies and her forty-year
old son. Police had been to this
location a number of times on ~
various ordinance violations and
also had investigated possible elder
abuse by the son against his mother.
On this occasion, an investigation
showed that the son, who is
unemployed and known to abuse
alcohol and drugs, had been trying to
control his mother's movements by
disabling her car and disconnecting
the phone so she could not call for help.
Marin Adult Protective Services was called in to assist in this
elder abuse investigation. The suspect in this case was later
arrested by Tiburon PD for violating a restraining order at this
location.
An immediate Emergency Protective Order was secured from a Marin County Judge and served
on the son. Several firearms were removed from the house. The case was forwarded to the
District Attorney's Office for prosecution against the son for criminal elder abuse. He was
subsequently found guilty of several offenses including the elder abuse and made to serve several
months in the County Jail. A court order has barred him from returning to the area. Other
family members have responded to assist the victim. On March 3, Officers learned that a subject
had returned to his mother's residence in violation of a court order. The man's mother, for
whom the court order had been issued, denied that her son was in the house. Officers had seen
the man inside the house as they arrived. They eventually found him hiding next to his mother
under the covers in her bed. The forty-year old son was arrested and booked at the Marin
County Jail. On March 9, Officers were back at this same location. This time, the stay-away
order had temporarily expired, but an arrest warrant had been issued for the son by the District
Attorney. He chose not to hide this time and was placed under arrest without incident and taken
back to jail.
2004 Annual Report
35
Late in the evening on February 29, Police were called to Sutter Court on a report that someone
was trying to break into a residence there. On arrival, an Officer found a large male on a second
floor balcony banging on the window. He was held at gun point for a moment until cover
Officers arrived. It was learned that the 24 year old Albany man had come over to Tiburon to
speak with his ex-girlfriend. Police confirmed with the "ex-girlfriend" that she did not want to
speak with him. He was admonished not to return and all parties went about their business
peacefully.
On March 3, Officers responded to a disturbance at an apartment on Redhill Circle. The ex-
husband of the resident was found to have assaulted his ex-wife's boyfriend. A "citizen's arrest"
was filed by the boyfriend. The ex-husband was also found to have an arrest warrant from
Sonoma County which led to his being booked into the Marin County Jail. Police have been
dealing with these involved parties for the last several years over a long, on-going child custody
dispute and battle over visitation arrangements. There have been almost two dozen separate case
reports filed on behalf of these parties. .
On March 11, Officers responded to a residence on Mercury Drive on a report of a missing 14
year old girl. A teenage friend of the missing girl was located and indicated that the girl was
actually a runaway and hiding with another friend on Geldert Drive. Officers responded to that
location with the missing girl's parents. There they met the teenage resident who denied that the
missing girl was there. Officers checked the house and found the missing girl hiding in a closet.
The girl was re-united with her parent and the resident accomplice was admonished for her lies.
S~~~nd QlOOiri~r 2@ij~
The Department of Justice, Criminal History Systems, conducted an audit of our records and no
deficiencies were noted. A CLETS (California Law Enforcement Telecommunications System)
Policies, Practices and Procedures audit was conducted and the Department was found to be in
complete compliance.
In the spring of 2004, the Police
Department co-hosted a lunch for
Town Staff with the Public Works
Department.
A1embers of the Police Department share lunch with
their fellow Town of Tiburon staff members at a
Spring time luncheon.
On April 19, Tiburon Police
became involved in the recovery
of a vehicle stolen in Ross. Early
that morning, a Marin County
Sheriffs Deputy located a Ford
Mustang just reported stolen in
Ross as it was traveling on Sir Francis Drake Blvd. in Greenbrae. A pursuit ensued onto
Highway 101, south to the Strawberry area. The stolen vehicle turned onto Tiburon Blvd., went
2004 Annual Report
36
east to Trestle Glen then north to Paradise Drive. With units from a number of agencies
converging, the stolen vehicle went out Paradise Drive toward Paradise Park where it crashed on
the narrow winding road. One subject was immediately taken into custody while the other fled
on foot up a hillside. With the aid of a Police canine unit from Fairfax and a number of Officers
and Deputies, the second subject was located and arrested. The two Richmond men, 27 and 22
years of age, were booked into the Marin County Jail on a variety of charges.
On April 22, Officers responded to a reported vehicle collision on Tiburon Blvd. at Mar West.
On arrival, they found a 24 year old Walnut Creek woman in the driver's seat of her disabled
V olkswagen bug which was perched on the center median. Both air bags had deployed; she was
naturally a bit dazed. As medical aid was enroute from the Tiburon Fire District, it was learned
that the woman had been trying to return to Walnut Creek from San Francisco. She was only
vaguely aware that she was in Marin County. When asked what might have caused her to crash
into the center median and light pole, she could only keep repeating that she was lost.. Even
though she complained of no injury except for a small cut on her lip, the paramedics felt it was
prudent to take her to the emergency room at Marin General Hospital for a check since she had
hit the light pole with apparent great force and had been struck in the face by the air bag in her
car. An Officer followed her to the Hospital where it became more apparent that the driver had
been drinking. After being medically released and submitting to a urine test at the Hospital, the
woman was booked at the County jail for driving under the influence of alcohol.
...., ,t3u Ron P. D.
CASE% TPO\-\-OClO~
~ E C.O\.l1;R'C D
PROPERT'I
On April 21, a Mercedes utility vehicle was
stolen overnight from a residence on Reed
Ranch Road. Using the "on-Star" tracking
system, the vehicle was located the next day in
Oakland. Oakland Police arrested a transient
type sleeping in the vehicle who is not believed
to be the person who came to Tiburon and took
the vehicle. A quantity of stolen property found
in the vehicle opened a series of investigations
where the property was linked to other crimes in
Tiburon and throughout the County.
Stolen property was recovered by Tiburon PD Investigator resulting Fom this stolen
vehicle investigation. The property was later returned to the rightful owner.
On April 23, an Officer discovered a window smash at the Union 76 gas station on Tiburon
Blvd. (County jurisdiction). The area was quickly searched by Sheriff's Deputies, Tiburon,
Belvedere and Mill Valley Police. No suspects were found. The loss appeared to be some small
items including cigars and cigarettes. Later that morning, an Officer stopped a car neat Stewart
Dr. and Porto Marino that was obviously driving around aimlessly. In the car were four young
males from San Francisco who were very vague about their purpose for being in this area. A
consent search of the vehicle did not link them to the earlier burglary at the Union 76 station, but
it did yield a Stanford University Campus Police identity card and a pair of handcuffs. None of
the subjects had anything to say about these items which were seized and secured while an
investigation was made to determine if they were stolen. The parties were identified and
released. The items were later determined to have been stolen from a vehicle in San Francisco
and the subjects have been held to answer for that theft.
2004 Annual Report
37
Sunday, April 25, was Opening Day on the Bay. The weather was nice and there was a large
contingent of serious drinkers on the back deck of Sam's Anchor Cafe. Sam's had hired special
security for the day and two Police Officers had been assigned to be in the back deck area for the
afternoon. Things had been relatively peaceful throughout the day. Just before 9 PM, three
Santa Rosa male subjects in their mid twenties followed a Sausalito man, also in his twenties,
into the restroom at Sam's. These subjects, all of whom had been drinking for most of the day,
were later said to have exchanged unkind words several times prior to this encounter. In the
restroom, the Sausalito man was said to have struck one of the Santa Rosa men on the head with
a beer bottle. Another Santa Rosa man then reportedly struck the Sausalito man with some
object causing a laceration on his head. At the same time, an uninvolved 71 year old Tiburon
man was cut on the neck by some unknown object during the assault on the Sausalito man. The
three Santa Rosa men left the bar. When the injured men in the restroom came to the attention of
the security staff at Sam's, they went outside to look for the other involved parties. They found
them walking on Tiburon Blvd. in the 1600 block. When they were asked to stop and return to
Sam's, all three ran toward the Boardwalk Center with the security men in pursuit. The Police
were finally called and joined the security people (;It the Boardwalk Center. One subject, too
intoxicated to run much more, was detained. Another subject was found hiding in the backseat
of his parked car. The third subject fled and was not found. The injured parties from Sam's
were brought to the Boardwalk by ambulance and identified the subject found hiding in his car as
the primary assailant. He was subsequently arrested and booked for felony battery as well as a
parole violation (he was a former State prison inmate). The other party who was said not have
been directly involved in the assault; was booked into the County Jail for public intoxication
only.
On the morning of May 2, an Officer on patrol spotted two juvenile
males walking along Tiburon Blvd. near Blackie's Pasture, one of
whom was carrying an illuminated garden light. The juveniles, Corte
Madera and San Rafael residents, said they had just left a nearby
residence but refused to give an address. They were found to be in
possession of alcohol and tobacco/marijuana smoking paraphernalia as
well as prescription medicine later determined to have been taken
from the residence they had visited. The garden light was later. found
to have been stolen from a front yard on Juno Road. The juveniles
were taken to the Station and released to parents with citations to
Marin County Juvenile Probation. One of the subjects was already on
probation in Marin County.
This lighter common~v used to light pipes used to smoke
narcotics and a bottle of cough syrup was found to be in the
possession of two young juveniles found walking the street at
3:00 AM in the morning by Tiburon evening shift ofJicers.
2004 Annual Report
38
On May 13, Police responded to a call from a Corte Madera man waiting at the Del Mar School
parking lot. He wanted to report a confrontation he had just had with his ex-wife after he
returned their children to the residence on Miraflores Lane. Another Officer went to the
residence to check on the welfare of the ex-wife and found her quite agitated and suffering from
a badly sprained arm. She reported that her ex-husband had twisted her arm in the course of a
verbal argument. The ex-husband reported that he had been trying to restrain his ex-wife from
attacking him. After assessing the statements of both parties, a report has been filed with the
District Attorney's Office seeking a charge of battery against the ex-husband.
On the afternoon of May 25, Blockbuster Video at the Cove Shopping Center reported that they
had just been visited by four subjects who were believed to have stolen a number of items. A
vehicle description was given and a Tiburon Officer spotted the vehicle southbound on Highway
101 going into Marin City. With the assistance of Deputy Sheriff's, the vehicle was located and
four subjects were detained at the Blockbuster Video on Donahue Street. The subjects, two men
and two women from Livermore, all in their 20's gave statements. They were found in
possession of the stolen items and a small amount of drug paraphernalia. Having established that
the subjects had entered the Blockbuster/Video in Tiburon with the intent to steal, they were
arrested and booked into the County Jail for burglary and conspiracy to commit burglary.
"" On May 29, Police responded to a large juvenile
party on Via Los Altos that had gotten out of
control. A number of uninvited minors had
arrived with alcohol. A 19 year old Mill Valley
man was identified after reportedly assaulting
four 19 year young adults from Belvedere,
Tiburon, Corte Madera and Larkspur using
empty beer bottles as weapons against the
youths that were hosting the party. Three of the
victims were injured sufficiently to make this
battery charge a felony.
These beer bottles located in the /f'ont yard of a residence
in Tiburon were usedas weapons by party crashers at a
local juvenile party. The suspects were taken into cLlstody
by Tiburon PD.
Of all the property crimes during June, the most notable seem to have been a series of thefts from
unlocked cars in the Bel Aire area. By virtue of an observant resident and some follow-up Police
investigation, the responsible parties were identified and much of the stolen property was
retrieved. Starting on June 6, a woman reported the theft of her wallet from her car which was
parked in the lot at Bel Aire School. She had left the car unlocked while she was transporting
property from her car into the school. She had reported that two young boys had spoken with her
as she parked her car and then loitered for awhile in the area. They were gone when she
discovered the theft. Some of the contents from her wallet were found in a nearby field. Other
thefts from unlocked cars were reported from Karen Way on June 12 and Claire Way on June 24.
Taken were small items such asa wallet, camera, hand-held computer, and a GPS unit.
2004 Annual Report
39
On June 6, a theft of $200 in cash from a parked car on Reedland Woods Way was reported. A
neighbor of the victim reported that she had seen two young boys around the car who then
departed up into the open space above Reedland Woods Way. A Tiburon Officer while enroute
to the call and having been given information about possible suspects over the radio~ stopped at
the Cove Shopping Center to question two young boys. The officer secured their identities, but
they denied any involvement in the theft. A day or so later, the neighbor called back to report
that some juveniles from the neighborhood had given her the names of the two young boys she
had seen in conjunction with the theft from the car. Coincidentally, these were the same two
boys that the responding Officer had questioned at the Cove Shopping Center. With that
information, the Police made contact with the two suspects, a 15 year old Bel Aire boy and a 14
year old Corte Madera boy, and their parents. After a series of interviews with the boys and their
parents by our Police Investigator, admissions of guilt to the above thefts were made and there
was recovery of some of the property. Other property was located as the responsible parties
escorted Police around the Bel Aire area showing where they had discarded some of the items.
There were some items that were recovered even before the victim knew they had been stolen.
Once all the incidents were correlated, the case was forwarded to the Marin County Juvenile
Probation Department for review.
On the evening of June 8, Officers were called to a disturbance at a residence on Paradise Drive.
On arrival, Officers were confronted in the driveway by an angry, near hysterical woman who
was loading some paintings into her car. The woman, currently living in Belvedere, was the ex-
wife of the Paradise Drive resident. She had come to this residence to pick up her dog and in the
process got into a dispute with her ex-husband over some paintings she felt belonged to her. Her
ex-husband tried to intervene as she began to remove the pictures and she assaulted him with her
hands and fists and at one point hit him with one of the pictures. His injuries were minor and he
declined emergency medical aid. The ex-wife was detained and booked into the Marin County
Jail for the battery on her ex-husband.
On June 10, a passerby reported to Police that
two youths in a parked car near the Tiburon
Child Care facility at Reed School appeared to
be smoking marijuana. A responding Officer
found the two subjects in a car backed into a
park~ng stall in front of the Child Care center.
As he approached, he saw one subject quickly
stash something under his seat. With the aid of
other Officers, the two subjects, both eighteen
years old, one from San Rafael, the other from
Mill Valley were detained. Besides marijuana,
they were found to be in possession of a
switch-blade knife and had a BB gun pistol in
the car. Possession of these weapons in
proximity to a school is a particular violation
of the California Penal Code. The subjects,
who had questionable business in the area in
the first place, were booked into the County
Jail.
Would you be able to tell the difference
between this and a real hand gun in the matter
of a split second?
2004 Annual Report
40
On June 11, Police were called to Main Street on a report that a truck driver delivering fish to
one of the restaurants had been robbed at knifepoint. The driver said that two black men in an
older Pontiac had pulled up beside his truck, threatened him with a knife and took about 90 Ibs.
of fish in boxes. Investigating Officers could find no witnesses to this incident which had
occurred when many people were out and about on Main St. and most businesses were open.
When the driver was re-interviewed, he began to contradict his initial report to the point where it
is now believed that the incident never occurred and he may have been trying to cover up for the
disappearance of some of his stock. A case was prepared and forwarded to the Marin County
District Attorney for possible prosecution of the driver for filing a false Police report.
On June 12, a report was made that for at least the second time, a cable utility box had been
vandalized on lower Sugarloaf Drive. This time the damage was extensive. The company
representative estimated the cost of repairs at over $15,000.00. They reported that a nearby
neighbor has had problems with Comcast. Police contacted that neighbor who denied any
knowledge or involvement in the damage to Comcast property.
On June 22, two vehicles collided eastbound on Tiburon Blvd. near Blackie's Pasture as they
struggled to merge from the two-lane portion of the highway to the single lane. This is a
problem area for traffic as drivers frequently feel the need to compete with each other to see who
can merge ahead of the other into the single lane. It is the scene of frequent "road-rage" type
incidents. On this occasion, a vehicle driven by a forty-seven year old Tiburon man sideswiped
another vehicle driven by a fifty-seven year old San Rafael woman. The Tiburon man was found
at fault for the unsafe lane change.
Thfurd Qg~rt(er 2ijij4
On July 21,
Officer Gunnar
Googins was
sworn in as the
Town of
Tiburon's
newest Police
Officer. Officer
Googins, who
grew up in the
Town of
Tiburon, was
Officer Gunnar Googins is sworn in CiS afuUtime Police OfJlcer by
Tiburon Town Clerk Diane Crane-Iacopi. Oificer Googins and his
fami~v were then introduced to the Town Council by Chief Matt
Odetlo.
the first Police Intern and is now
working as a full time sworn Police
Officer. Officer Googins was hired
using funds from the State COPS
(Community Oriented Policing) Program.
2004 Annual Report
41
Early in the morning of July 4, Officers responded to a report of a loud disturbance in the
parking lot below the 100 level of Neds Way. Two men and a woman were contacted, all in
various states of inebriation. One of the males, a 25 year old Tiburon resident, had scratches on
his face that he initially stated were the result of an assault by his girlfriend. This was confirmed
by the other male subject, a San Rafael resident. After further questioning of all the subjects, it
was determined that the 20 year old woman had initiated the battery on her boyfriend. She was
arrested and booked into the Marin County Jail for the battery/domestic violence.
On July 12, the UPS Store at the Cove Shopping Center reported another burglary, the second in
one month. Sometime over the weekend, an inner rear glass door had been shattered. $450.00
was missing. Employees have been interviewed and are not considered suspects
On the night of July 13, the manager of a Point Tiburon restaurant went to his car parked in the
Point Tiburon parking lot to drive home. As he proceeded down Tiburon Blvd., he noticed one
of his car tires seemed flat. He pulled into the
R&S Service Station at the Boardwalk to put air in
the tire. While there, he was accosted by a man in
a mask who demanded the cash receipts that he
somehow knew the manager was carrying:
Despite the mask, the manager believed he
recognized the voice as belonging to a former
employee of the restaurant. The masked man was
armed with a bladed weapon, possibly a short
pruning saw. The victim was cut slightly on his
hand when he instinctively put his hand up. He
gave the man a portion of the money he had and
the masked man fled. The victim did not
immediately call the Police, but rather called a tow
The R & S Service Station was the location of an truck for his car. When the tow truck driver
armed robbery and assault of a Tiburon Business arrived, he found that the car tire had been
man. The business owner had pulled into the gas punctured and learned what had happened to the
station to put air in the tire of his automobile. driver. The tow truck driver alerted the Police.
The suspect was long gone when the Police arrived. Tiburon P.D. prepared the report for the
punctured tire. Belvedere P.D. has initiated the investigation for the armed robbery. Despite the
lead on the identity of the suspect, he has not been located as of yet.
On July 17, the Department received a call of a traffic collision with injuries on Spring Lane. An
85 year old Rolling Hills Road resident lost control of her car and careened down Spring Lane
hitting a tree and coming to rest with the car overturned on its side. She was taken by Fire
Department ambulance to the area behind Town Hall from where she was airlifted by helicopter
to John Muir Medical Center in the East Bay. She had received a number of lacerations on her
face and arms and legs and a broken wrist.
On July 25, an Officer on patrol came upon a large pick-up truck inexplicably stopped in the
traffic lane of Tiburon Blvd. at Rockhill Drive. When he contacted the driver, he found a
somewhat disoriented 37 year old woman from San Jose. In the truck with the woman were
three children, a ten year old girl and two toddlers onel8-months old and one six-month old. '
The children were barely dressed and there were no car seats for the toddlers. The woman was
2004 Annual Report
42
not drunk or obviously under the influence of drugs, but had a hard time communicating. The
Officers were able to communicate with the ten year old who related that the woman's husband
had been murdered in San Jose some months prior. The juvenile related that the group had been
trying to return home from a visit in Novato and got lost looking for the Golden Gate Bridge.
The group was escorted back to the Tiburon Police Station. Child Protective Services was called
to pick up the children while the mother was taken to the Crisis Unit at Marin General Hospital
as gravely disabled.
There were ten driving while intoxicated arrests made in Tiburon during July, but the most
significant arrest actually occurred in Belvedere engaging both the Belvedere and Tiburon
Police. On the evening of July 29, the Tiburon Police received a report from a motorist with a
cell phone that a white utility vehicle being driven by a woman was proceeding quite erratically
eastbound on Tiburon Blvd. from Trestle Glen. Before Tiburon Officers could locate the
vehicle, it had turned onto San Rafael Avenue into Belvedere. At San Rafael A venue and
Hilarita Circle, the utility vehicle drifted across the center line and collided head-on with a BMW
sedan driven by a 59 year old Tiburon woman. The utility vehicle, disabled by the collision,
came to rest about a hundred yards down San Rafael A venue. The BMW ended up in the front
yard of a residence on San Rafael Avenue. Tiburon Fire Department personnel treated the
Tiburon woman for minor injuries at the scene. She was transported to Marin General Hospital
by private; vehicle. The driver of the utility vehicle, a 45 year old Belvedere woman, was
uninjured. Belvedere Police contacted her at the scene and determined that she had been driving
under the influence of alcohol. She was transported to Marin General Hospital for a medical
check and then to the County Jail where she was booked for felony driving while intoxicated
charges after providing a blood sample. Tiburon Officers assisted at the scene with the collision
investigation.
On August 7, Police were summoned to Sam's Cafe on Main Street to deal with an intoxicated
subject who had caused a disturbance and had been asked to leave by the management. Police
contacted the boisterous subject out on the street and took him into custody. The 42 year old
Tiburon resident was transported to the County Jail and booked on the charge of public
drunkenness and a violation of his probation for habitual drunkenness and other past offenses.
In the early hours of August 11, Police were called to a residence on North Terrace when the
resident reported that she was hearing strange noises inside her house. The Police found a small
window to the bathroom ajar, but no one was seen in the area and the interior of the house
seemed undisturbed. Later that morning the resident discovered a note written on a message
board in her teenage daughter's room; the daughter was away at a camp. There ~ere also signs
that someone may have searched the room. Dayshift Officers responded to investigate. There
was no loss of property from the house. The resident suspected that a friend of her daughter
might have been responsible for leaving the note. Officers were given a name of a local teenage
girl. That girl was contacted, but denied involvement. She did, however mention the names of
two other girls who might have knowledge of the incident. After extensive follow-up
investigation with the girls, one from Tiburon and one from Corte Madera, it was determined
that the two friends of the absent teenager were indeed responsible for squeezing through the
partially open window at 4:00 AM and leaving the note. The case has been forwarded to Marin
County Juvenile Probation information and follow-up counseling.
2004 Annual Report
43
On August 14, Police were called to a residence at the top of Taylor Road where some
landscaping work was being done. Workers had unearthed some bones that the resident, a
physician, felt might be human bones. Police called for a Coroner's Investigator who confirmed
the suspicion that the bones might be human, possibly of great age. Work was stopped; the
bones were collected by the Coroner and forwarded to a laboratory for inspection. Notification
was made to a Native American Heritage group of the possible find of Native American remains.
A laboratory examination determined that the bones were those of a large dog.
On August 21, Police responded to a "911" call at a residence in Bel Air. The call was made by
a hysterical female who reported she had been assaulted by her boyfriend. Police contacted both
parties and learned that they had been at a party at a residence in San Francisco where they got
into an argument after consuming a substantial amount of alcohol. While the boyfriend was
driving them home to Tiburon, the argument turned physical in the vehicle with the boyfriend
striking the woman in the face cutting her lip and bruising her face. Once home, he momentarily
locked her out of the house. When she was let in, the tight continued with him pulling her hair
and reportedly choking her. The 29 year old boyfriend was taken into custody, charged and
booked at the Marin County Jail for felony domestic violence. The couple, who moved to
Tiburon only one month prior, had been together for two years. The girlfriend reported that she
had been the victim of physical assaults approximately once per week. This was the first time
there had been Police intervention.
On September 4, a 20 year old Novato woman returned to Tiburon after having been arrested for
battery against her then co-habitant boyfriend in the parking lot on Neds Way on July 4. This
time, she burst into his Neds Way apartment and found him to be in the company of another
young woman. She assaulted the "other woman" and then turned on her ex-boyfriend when he
intervened leaving him with scratches on his face and chest. She was again arrested and booked
into the Marin County Jail. This time, the boyfriend secured an Emergency Protective Order to
keep the ex-girlfriend away, but said he would not seek criminal charges. The District Attorney
nonetheless did file criminal charges in this second case.
Just after midnight on September 5, an Officer on patrol located a group of juveniles in the
parking lot at 1 Blackfield Drive, one of whom was carrying a heavy marble statue to a waiting
car. The juvenile claimed he had "found" the statue which was unlikely due to its obvious value.
and good condition. He was subsequently cited to Marin Juvenile Probation for possession for
stolen property. It was not until September 13, that the owner of the statue, a resident of upper
Gilmartin Drive, contacted the Police to report the theft of the statue. In their absence, their
juvenile son had had a party of his friends at the residence the prior weekend when the statue was
believed to have been taken. Through investigative follow-up, it was determined that the suspect
was on hand at the party on September 5.
Between September 8 and September 27, the Tiburon Police took seven reports of varying types
of credit card, A TM card frauds based on identity thefts. The victims were Tiburon residents
from various parts of Town. The fraudulent transactions took place at department stores all
around the Bay Area and Marin, but mostly on the peninsula in San Mateo and Santa Clara
Counties. As the reports were taken, it was learned that there was one common denominator
among all these victims. They had all recently used their credit cards or A TM cards at a local
restaurant. The assistance of the Northern California Computer Crimes Task Force has been
enlisted to assist with this investigation.
2004 Annual Report
44
On September 15, Police were once again called to a residence on Meadowhill Road where a 14
year old boy had just assaulted his mother. The mother reported that an argument over school
work and a weekend trip had resulted in her son spitting in her face, pushing her down on her
bed and pinning her down while screaming at her. He then fought to prevent her from phoning
the Police and at one point swung a floor lamp at his mother. When Police arrived, they found
broken dishes and two broken floor lamps strewn about the floor as well as a fractured glass
table top. The mother was outwardly uninjured. The boy was arrested for the aggravated battery
and placed at the Juvenile detention facility in Lucas Valley, San Rafael. He has since been
released and has returned home on very strict probation. This would not be the last time that
Police would have to respond to this residence as a result of serious assaults by the son against
his mother.
On September 15, the parent of a 12 year old Tiburon girl contacted the Police to report that her
daughter had apparently been the victim of sexual battery while at one of the local Tennis Clubs.
The perpetrator was identified as a 19 year old Tiburon man who has been accused of forcibly
kissing and fondling the young girl. Investigators with the Marin County District Attorney's
Office and the Jeanette Prandi Children's Center have assisted the Tiburon Police in this
investigation. The responsible party is being criminally charged with sexual battery and
lewd/lascivious behavior with a juvenile under 14. While the case is being processed, a court
order has been issued to keep the suspect from having any type of contact with the victim.
On September 15, Tiburon Police were contacted by the U.S. Coast Guard and asked to assist
with the arrest and booking of a 33 year old Vacaville man who had been detained in San Pablo
Bay near Paradise Cay for boating while under the influence of alcohol. The subject was
brought into the dock behind Sam's and turned over to Tiburon officers who processed the man
and booked him into the Marin County Jail for the violation of the California Harbor and
Navigation Code.
Early in the morning of September 16, an Officer was dispatched to check on a stranded motorist
in the 4400 block of Paradise Dr.. On arrival, the Officer found a large older sedan parked
perpendicular to the roadway blocking a lane of traffic. This seemed suspicious so the Officer
requested a cover unit. As the Officer drew closer to check the vehicle, he found an adult male
standing near the driver's door. The subject refusedto acknowledge the Officer's greeting or to
look at him. As the Officer moved closer to the subject, he could see he was holding a large
knife in his right hand. The Officer called for emergency assistance and ordered the subject, at
gunpoint, to drop the knife. As the second Police unit arrived, the Officer learned that the
subject had a companion who had walked up a nearby driveway. The cover Officers located this
subject about 200 feet up the private driveway, detained him and brought him back to the scene.
Neither subject would readily admit to owning the car or knowing the registered owner who
resided in Monterey County. They claimed they were lost and had run out of gas. The vehicle
registration had expired over a year prior. A search of the subjects and the vehicle turned up
several syringes. Both subjects were detained and the vehicle was impounded. At the Tiburon
Police Station, both subjects were questioned extensively. Eventually, they separately gave
enough information to piece together a basic account of their activities. One subject, a 35 year
old transient who moves back and forth between Monterey County and San Francisco, had been
with the registered owner of the vehicle several days before. While he was with that subject in
the Salinas area, that subject was said to have overdosed on heroin and died. The subject told a
story of trying to revive the car owner, but never called for any type of professional assistance
2004 Annual Report
45
out of fear. After waiting a day or so, the subject simply took the victim's car and drove off to
San Francisco. There he met a former acquaintance, a 52 year old transient to whom he related
the above incident. He offered to sell the car to the San Francisco man who accepted the offer.
He then asked his companion to drive him over to Marin County from where he planned to travel
on to Washington State. With great difficulty, Officers learned the address of the vehicle owner
and asked the Monterey County Sheriff's Department to do a welfare check. When they arrived
at the address, a trailer in the back of an auto repair shop, they indeed found the vehicle owner
deceased. Tiburon Police eventually booked both the subjects into the Marin County Jail for
auto theft and the possession of the syringes. Monterey County Sheriff's Deputies have
investigated the suspicious death of the vehicle owner and have determined that there was no
evidence to find the subject in our custody criminally responsible for the death. The Marin
District Attorney has nonetheless charged the subject from Salinas for the vehicle theft.
On the evening of September 16, Police received a report from a neighbor on Hilary Drive that
several "crashing" noises had been heard coming from the Del Mar School area. About ten
minutes later, an alarm was reported at the school. Unfortunately, when the first report was
received, all Tiburon Police units as well as units from Belvedere, Mill Valley and the Marin
County Sheriff's Office were searching for a burglar who had just fled from a residence on upper
Via Los Altos. As units from Tiburon were just about to break away and respond to the school,
the, suspect was located at the Safeway Store in Strawberry where he had just used the victim's
credit card to make a purchase. The suspect in the Via Lost Altos burglary, a former Neds Way
resident very familiar to the Police, was taken into custody a block from the Safeway Store.
Meanwhile, Police units from Mill Valley and Belvedere finally arrived at Del Mar School to
find that a door to the multi-purpose building had been forced open and a room filled with
computer equipment had also been forced open. Follow-up investigation the next day
determined that no property had been taken in the burglary at Del Mar School. At present there
are no suspects in the Del Mar School burglary. The Via Los Altos burglar pled guilty and
remains in custody at the time of this report.
Crime Scene Investigator Sergeant Jim Mc Veigh collects valuable
evidence at the scene of an attempted murder.
2004 Annual Report
Early in the morning of September
23, Police received a call of a
person covered in blood standing
in the area of Neds Way and
Tiburon Blvd.. While responding
to that call, they were directed to
an apartment on Neds Way by
neighbors who had heard a violent
disturbance. The first Officers on
the scene found a 59 year old
woman on the floor of her
apartment covered in blood and
barely conscious. The woman had
been stabbed and cut many times
with a kitchen knife which was
later found nearby. She was able
to tell Officers that her 22-year old
46
son had done this to her. The same Officers on the scene had been to this apartment several days
prior when the mother had reported that her son was acting strange and hearing "voices." He has
had a history or mental instability and was on that occasion transported to the Crisis Unit at
Marin General Hospital where he was only held for a few hours. Tiburon Fire Department
Paramedics responded and took the mother to Marin General Hospital where she underwent
emergency surgery for a number of very serious wounds. Knowing the identity of the assailant
in this case, Tiburon Police enlisteq the aid of Officers from Belvedere, Mill Valley, Sausalito,
the Marin County Sheriff s Office and the California Highway Patrol as well as the CHP
helicopter for a search of the area. Several hours later, a resident on East Strawberry Drive
reported a suspicious man who had just climbed out of the water and was walking along the
shore line. A CHP Officer located the man, and with assistance from Marin County Sheriffs
Deputies, took the man into custody without incident. His identity was confirmed as the son of
the assault victim on Neds Way.. The son has freely admitted his deadly assault and has been
charged with attempted murder.
On September 30, Police were called to a disturbance on the Angel Island Ferry dock behind
Main Street. A Ferry employee was said to be quite drunk and fighting with co-workers. On
arrival, Police found the subject standing in the middle of Main Street verbally berating two co-
workers who were standing a distance away. The 35 year old Tiburon resident was indeed very
intoxicated. He was said to have become enraged when the Ferry Company manager and
another worker tried to control his behavior while they were out together on the Bay. On the
dock, the subject had got into a physical fight with the Company staff and began throwing
objects around the pier and dock. The Ferry Company official did not wish to press charges.
The subject was taken and booked into the Marin County Jail for public drunkenness due to his
inability to care for himself and his potential danger to others if left unattended.
The last two Friday nights in September and the first three Friday nights in October saw the
institution of a special "Friday Night on Main Street." With lower Main Street closed to vehicle
traffic during the early evening hours, the downtown eating establishments set up tables outside.
These events seemed very well attended by local families and presented few if any "Police
problems." Extra Officers were. assigned to patrol the area during the hours of the event.
A family atmosphere
prevailed during one of the
"Friday Night on Main
Street" events.
2004 Annual Report
47
F@gri~ Qtwart(ef 2ij@4
During the month of October, Reed
School Kindergarten Classes toured
the Tiburon Police Facility in an effort
orient the Children to police activities
and to introduce the officers to them.
Each child was introduced to the
complete Department staff, allowed to
see how the Police Officers work with
the various police tools they have and
given a demonstration of the police
car. The children were also given
Police Badge stickers and the Tiburon
Police Trading Cards.
Can you find the biggest kid in
this picture?
On October 7, Police responded to a report of vandalism to a vehicle which had just occurred on
Neds Way. A vehicle leaving the scene with two young males was stopped. The passenger fit
the description of the vandal, but the victim declined to pursue the' matter. The driver of the
vehicle, a 20 year old Sausalito man, had been drinking. He refused to take a field breath test as
required by law for persons less than 21 years of age. His level of intoxication did not seem to
meet the standard for a drunken driving arrest. He was issued a citation for the administrative
violation of the Vehicle Code. His parents were called to the scene to retrieve the vehicle.
On the night of October 9, Tiburon Officers monitored the radio call of a Mill Valley Police unit
as it attempted to stop a car with no license plates eastbound on Tiburon Blvd. from the overpass.
The car, containing a number of juveniles, failed to yield and- fled from the Mill Valley Officers.
A Tiburon Police unit assisted as the pursuit continued on Tiburon Blvd., up Trestle Glen to
Paradise Drive and then south on Paradise Drive. In the 3900 block of Paradise Drive, the
juveniles went up a fire road, crashed through a gate and then fled on foot. Units from
Belvedere, Tiburon, Twin Cities, Sausalito, the Sheriff's Office and the California Highway
Patrol joined in the search. Some time later, three juveniles were found loitering around the
Marin Convalescent Hospital on Hacienda Drive by a CHP unit. Mill Valley and Tiburon
Officers responded and it was established that these were the juveniles (15 year olds, all from the
East Bay) that had abandoned the car on Paradise Drive. All three subjects were taken into
custody and have been referred to the Marin County Juvenile Probation Department.
On October 14, Tiburon Police responded to a call from a witness in the parking lot of Bel Aire
School that two parents were having an argument over the custody of their two small children.
Police encountered each of the parents as they were leaving the area on Blackfield Drive. The
six year old girl and her five year old brother were unharmed and in the company of their mother
even though a court order showed that the father was entitled to custody at that time. A follow-
2004 Annual Report
48
up investigation with the involved parties and the witness indicated that there was not enough
evidence to substantiate any criminal charges of battery by either parent. A report was taken for
documentation in what will apparently be an ongoing civil court dispute over child custody.
On the night of October 15, Tiburon Officers stopped to assist a Sausalito Police Officer who
had stopped.a motorist on Tiburon Blvd. near South Knoll Road. He had followed the speeding
motorist all the way from Bridgeway in Sausalito, up Highway 101 onto Tiburon Blvd.. As he
was trying to speak with the female motorist, a male motorcyclist approached him and started a
loud verbal argument. The motorcyclist later found to be the husband of the speeding motorist
was determined to be intoxicated and taken into custody for drunken driving by the Sausalito
Officer. The female driver, also intoxicated, engaged in a loud argument with the assisting
Tiburon Officers and was taken into custody for public intoxication. The couple was booked
into the County Jail by the Sausalito Officer.
On October 20, Police received a report from a Main Street clothing store that two women had
just left whom the proprietor was pretty sure had stolen a sweater. With the vehicle description
given, Mill Valley Police located and stopped the vehicle. Tiburon Officers responded and
contacted the passenger, a 63 year old Santa Cruz woman who subsequently confessed to
stealing the sweater. The driver, her adult daughter, reportedly knew nothing about the theft.
On October 20, a proverbial misunderstanding on Neds Way led to a case of assault with a
deadly weapon. A young man and young woman oflong acquaintance got into a lively, but not
threatening conversation. The woman's 20 year old "husband" from San Pablo overheard the
comments and took exception. As he was berating the old friend, a relative stranger, a 20 year
old Marin City man, came upon the scene and got into an argument with the "husband." The
husband retreated into an apartment and emerged with a metal rod and chased his antagonist up
to another apartment level threatening the young Marin City man. The victim took refuge in an
apartment there where he was located by the investigating Officers. A report has been taken and
prosecution will be sought against the San Pablo man.
On Thursday, October 21, Tiburon Police were contacted by Child Protective Services who had
been monitoring a 14 year old juvenile off of Lyford Drive who had been arrested on September
15 for assaulting his mother, (previously listed in quarter three of this report.) They had learned
from the boy's mother that he had again assaulted his mother the previous weekend. Twice, the
boy had threatened his mother with a kitchen knife, holding her at bay for several hours while he
alternately threatened suicide and then threatened his mother with the knife when she tried to
leave to call for help. The first time, the boy had tired and left the house. The second time, the
mother escaped and locked herself in her car until the boy again left the area. The mother had
chosen not to call the Police at the time of these incidents despite the many prior instances of
violent behavior by her son.
In early October, Tiburon Police received an arrest warrant notification from the Marin County
Municipal Court for a 48 year old man who had given a mailbox at the UPS Store at 1 Blackfield
Drive as his mailing address. A few weeks later, the San Rafael Police contacted Tiburon P.D.
looking for the subject who they wanted in connection with a strong arm robbery in their
jurisdiction. A photograph had been secured from a computerized DMV database and was
shown to the proprietor at the UPS Store who confirmed that the subject still came in
occasionally to pick up his mail. In the early evening of October 27, the subject did indeed show
2004 Annual Report
49
up at the Cove Shopping Center and the UPS Store employee called the Police. An Officer
located the subject as he drove away onto Tiburon Blvd. Because the subject was wanted for
several serious crimes and was possibly armed, the Officer waited for assistance before
attempting to stop the subject. They drove onto northbound Highway 101 in commute traffic.
The subject knew an Officer was behind him but did not try to flee. Once several units caught up
to the first Officer, they coordinated their approach and stopped the subject near the Paradise
Drive Exit in Corte Madera. The subject did not resist and was taken into custody peacefully.
He was unarmed, but had a quantity of narcotics and syringes in his vehicle. Tiburon P.D.
notified San Rafael P.D. and booked the subject into the Marin County Jail.
On November 9, just prior to 3 AM, Police
responded to an alarm at a downtown jewelry
store. Arriving within two minutes, Officers
found an outside window smashed. Inside,
several display cases had also been smashed open.
A sledge hammer had been left on the floor at the
scene. The loss was almost $30,000 in jewelry. A
security camera caught a view of the suspect who
was masked at the time of the break in.
A burglar uses the sledgehammer seen in this photo to smash the
window of this Downtown .leweltJ! store. and then llses it to smash
display cases in the store while removing jewelry. Officers arrived
within 90 seconds of receiving the call however the suspect is still at
large.
On two successive days, November 15 and 16, Police were called to a residence off of Tiburon
Blvd. On the first occasion, the 13 year old juvenile had assaulted his mother and threatened to
break her legs if he was placed in a residential treatment facility. (This juvenile has been the
subject of many Police contacts previously mentioned in this report.) This incident was recorded
and the matter forwarded to the Marin County Juvenile Probation Department where the juvenile
is on probation. The next day, in another outburst, the juvenile destroyed some landscaping
outside his residence and then assaulted his mother with a skateboard and battered a County-
assigned counselor who was on the scene. This time, the juvenile was immediately placed at the
Juvenile Detention facility by the Police.
On November 14, an Officer stopped a 34 year old Pacifica man who was driving a vehicle with
a mechanical violation on Tiburon Blvd. near Lyford Drive. The man did not have his license
and had difficulty verifying his identity. He was momentarily detained and his vehicle was
searched. A small amount of crystalline methamphetamine was found secreted in a cigarette
pack. The subject was arrested and taken to the Marin County Jail. Before he was admitted to
the Jail, he confessed that he had more methamphetamine hidden in his shoe. He knew that to
bring narcotics inside the Jail would have been a separate and even more serious offense.
Late in the afternoon of November 18, a vehicle was stopped on Tiburon Blvd. near Cecilia Way
for a Vehicle Code infraction. The 33 year old man with no fixed address was found to be on
probation with a consent-to-search condition. In his vehicle was found a glass pipe with crack
cocaine residue and a video game device with the serial number removed. There was also a large
2004 Annual Report
50
amount of brand new items with price tags still attached for which the subject had no receipts or
ready explanation. The subject was booked into the Marin County Jail for possession of drug
paraphernalia and the item with the removed serial number. The suspicious property in his
vehicle was seized for further investigation.
On November 24, an Officer located a vehicle that records indicated was registered to a woman
with a felony "no-bail" arrest warrant. The vehicle was in the vicinity of a Bel Aire residence
where, ex-convicts and narcotics users have been known to visit. A short time later, the vehicle
was seen leaving the scene driven by a man with a woman passenger. The vehicle was stopped
on the Redwood frontage road just off Tiburon Blvd. for a mechanical Vehicle Code violation.
The driver, a 41 year old man with no fixed address, had no license or identification but readily
identified himself as a parolee who had spent the last nine months avoiding the California
Department of Corrections who had put out a warrant on him. He was taken into custody and
was found to be hiding a hypodermic needle in his pants pocket. His female companion, a 34
year old Corte Madera woman, was able to provide identification which confirmed that she was
not the registered owner of the vehicle for whom the warrant had been issued. She was shown to
have just been bailed out of the Contra Costa County Jail for a narcotics violation. Before
releasing her at the scene, the investigating Officer checked her outer garments and had her
"shake" her blouse to see if she was hiding anything. When she shook her blouse, white flakes
fell to the ground. These later tested positive for methamphetamine and she was arrested and
transported to the Marin County Jail with her companion. Since the male Officers could not do
an extensive search of the female arrestee, she was warned that it would be a much more serious
offense if she were hiding narcotics on her person and took them into the Jail facility. She
insisted that she had no narcotics on her person. A search by female Deputy Sheriffs subsequent
to her booking at the jail turned up a bag of methamphetamine powder which the suspect had
secreted upon her person.
On the night of November 23, a
resident of Redhill Circle watched
from his deck as a woman got out of
her car and began to nervously walk
around two vehicles in a carport. He
called the Police while continuing to
monitor the woman's movements. He
watched as she entered one of the
vehicles and took something, walked
away, and then returned and smashed
the taillight of one of the cars. Having
been given the description of the
woman and her vehicle, she was
located by responding Officers on
Lyford Drive near Marinero Circle and
detained. The reporting party was brought to the scene for an in-field identification which
confirmed the Police had detained the correct woman that he had been watching. Once the
Police located the victim vehicles, they were able to make a connection between the 45 year old
San Rafael woman that had been detained and the victims. The suspect had been in the area
looking for her ex-husband who she suspected was visiting a previous ex-wife. When she found
his car in her carport, she entered the vehicle and took several small items out of spite. The
2004 Annual Report
Vehicle vandalized by ex-wife
in a Tiburon carport.
51
woman admitted entering the vehicle and removing the items, however she would not admit to
smashing the taillight despite the clear observation of the initial caller. The victims were
contacted and requested that charges be filed. The matter was forwarded to the District
Attorney's Office charging the woman with theft and vandalism.
On November 27, a van was stopped on Tiburon Blvd. near North Knoll Road for driving
without taillights and having registration which had expired eleven months prior. The driver, a
43 year old Richmond man, had no California driver's license. As the vehicle was being
prepared to be towed, Officers found two glass pipes used to smoke crack cocaine, several
hypodermic needles and other drug paraphernalia in the vehicle. That subject was arrested and
booked at the County jail on the appropriate charges.
On November 19, a young woman was stopped on Tiburon Blvd. near Stewart Drive after she
had been observed traveling 60 MPH in a 40 MPH zone. Officers found that the driver had been
drinking, but was not sufficiently intoxicated to be considered driving while intoxicated. There
was also an open container of alcohol in the vehicle. The woman did not have her license with
her. When the physical description of the person whose name the driver had given did not quite
match the driver, the Officer pressed the driver for more information. It was subsequently
learned that the 21 year old Ukiah woman had given the name and information for her 20 year
old sister. The driver's own license had been suspended. The woman was charged with false
impersonation of another, a Penal Code violation which can be charged as a felony. She was
. booked into the Marin County Jail.
In the evening of November 26, Police
received a call from a woman on Mountain
View that she had encountered a young
male who had entered her house and
walked into her bedroom. The subject
claimed to have been looking for a friend
and left. Unfortunately, the victim waited
ten minutes to call the Police. By that
time, she discovered that cash, credit cards
and a camera were missing from her purse
which had been sitting in the kitchen. As
Police units from Tiburon and Belvedere
entered the area, a car was seen leaving the
area on Lagoon View near Ridge Road
driven by a subject fitting the description
given by the victim. The driver, a 21 year
old man formerly of San Anselmo and
lately living with his grandparents on Mar
West Street told the contacting Officer that he was simply driving around looking for a friend.
As it happened, he gave the same name for his friend as he had given the victim which clearly
indicated he was the person the victim had encountered in her house. This was confirmed when
the victim was brought tp the scene of the stop for an in-field identification. On the front seat of
his car, Police .found the camera from the victim's purse and a Sony disc player belonging to her
Entrance to this Mountain View
burgled home was through an
open sliding glass rear door.
2004 Annual Report
52
son. Spread out all over the back seat of the car were several dozen pieces of the victim's mail
which had apparently been taken out of her curb side mail box. The subject was subsequently
booked into the Marin County Jail for burglary, possession of stolen property as well as mail
theft.
On November 27, Police responded to an alarm at a
residence on A venida Miraflores. With two Tiburon
Police units tied up with a narcotics arrest near
Highway 101, a lone Tiburon Officer responded.
When he located a smashed side window, outside
Police assistance was summoned. Units from
Belvedere, Mill Valley and the Marin County Sheriffs
Office responded to secure the scene and search the
residence. No one was found inside and early
indications were that there had been no ransacking
inside the house. Follow-up investigation has not
turned up any property loss. It appears the suspect
fled the residence soon after entering when the alarm
was tripped.
The burglar alarm deterred a would-he-burglar at this
Avenidct Mira Flores home. While the window was
smashed, entry was not gained.
On November 28, Police responded to a report of a juvenile disturbance on Blackfield Drive.
near Pamela Court. On arrival, Officers found a 14 year old boy being detained by his mother's
boyfriend on the street corner. The boy had become intoxicated with wine from his home and
had gotten into a fight with another 14 year old boy who was visiting. He had then gotten into a
physical fight with his mother before running out of the house. The boy is already on formal
probation in Marin County. Given his violent behavior on this occasion, his mother and the
Police agreed that he should be placed at the Juvenile Detention facility on Lucas Valley Road.
During the month of December there were three reported vehicle thefts, all three were
subsequently recovered. On December 3, a Honda VRF motorcycle was stolen overnight from
in front of a Rancho Drive residence. It was found the next day under a tarp at the rear of the
Cove Shopping Center where it had apparently been pushed since it was not in working order.
Early in the morning of December 6, a report was made of a vehicle abandoned in the middle of
the street on upper Stewart Drive. A responding Officer found a Jeep Cherokee registered to a
residence on Porto Marino. The owner was contacted and reported that he had parked the Jeep in
his driveway the evening before. The Jeep had not been locked and a key had been left in the
vehicle. That same morning, reports were taken of a ransack of an unlocked parked car on upper
Stewart Drive and a theft from another unlocked parked car on upper Geldert Drive. Presented
with the gift of a key on Porto Marino, the thief had tried to take the whole vehicle before he was
confronted with a weak battery which caused the car to stall before he could travel very far.
2004 Annual Report
53
On December 10, the Police took a report of a stolen vehicle. This car had been parked in the
Point Tiburon residential area, also unlocked, and also with an extra key in the glove
compartment. The 2004 BMW was recovered in Richmond on December 14.
Six subjects were stopped this month for a variety for driving offenses and found to be driving
without a license or with a suspended license. Each was issued a misdemeanor citation and in
most cases their vehicles were impounded. One of these incidents involved a 42 year old
Strawberry man who had just left and Alcoholics Anonymous meeting at a church in Tiburon.
When he was stopped on December 13, the Officer found an open 40 oz. bottle of beer that the
subject had just bought at the nearby Bell Market. He was cited for having the open container as
well as the suspended license.
Vehicle roll-over traffic collision at the new
Stewart Drive bus IOne construction site.
On the night of December
14, Police responded to a
report of a vehicle collision
on Tiburon Blvd. in the
vicinity of Stewart Drive.
A single vehicle was found
overturned near the
intersection. The driver had
left the scene. The vehicle
had apparently collided with
the construction barriers
along the side of the road.
A short time later, the
Belvedere Officer found a
woman wandering around
Blackie's Pasture. The
identity the woman gave to the Officers matched the identification documents found in the
overturned vehicle and she subsequently admitted to being the driver and sole occupant of the
vehicle. The 22 year old Tiburon woman was uninjured, but a breath test showed that her blood
alcohol was slightly less than twice the legal limit. She was issued a citation and released to a
sober, responsible adult.
On December 23, an Officer on patrol late at night in the area of Blackfield Drive and Cecilia
Way found a subject wandering around the street. The Officer recognized the 35 year old man as
a parolee who frequents a residence on Pamela Court. The subject was intoxicated in violation
of his terms of probation and was issued a misdemeanor citation. This household has been the
focus of many Police contacts as mentioned previously in this report.
2004 Annual Report
54
A case that has helped solve a series of property
crimes in several Bay Area Counties started with
an almost routine contact of a "suspicious" person
in a vehicle. Between the hours of 2AM and 4AM
on December 24, an Officer on patrol had noticed a
particular vehicle driving back and forth on
Tiburon Blvd. At about 5AM, he saw the same
vehicle again head toward Reed Ranch Road. As
the Officer drove up Reed Ranch Rd., he saw the
vehicle pulled over to the side of the road. As he
drove by, the driver seemed to slouch down in his
seat.
Stolen property and cultivated Marijuana plants
were seized during the service of a search warrant
in Hayward. The suspect in this case had been
arrested during an auto burglaty investigation by
Tiburon Officers.
This type of behavior could not be ignored. The Officer stopped and contacted the driver, a 33
year old Hayward man. The subject claimed he had been in the area looking for a place to fish.
During the investigation, the Officer found that the vehicle registration had expired but the rear
plate had a 2005 registration sticker. The driver could not explain the apparent fraudulent
registration tab which now gave the Officer probable cause to investigate further. The driver
consented to a search of his vehicle. Therein was found a small amount of methamphetamine for
which the driver was placed under arrest. As the vehicle was thoroughly searched prior to being
impounded, burglary tools and credit cards in various names were found. It was decided not to
confront the suspect at that time with these other discoveries but simply book him into the
County jail on the narcotics violation. The Department investigator was called in and a follow-
up investigation confirmed that one of the credit cards had been taken in a burglary in Sonoma
County. Without alerting the suspect, further investigation was done and on December 27, a
search warrant was secured for the suspect's Hayward residence. With the assistance of the
Hayward Police, the search warrant was executed that day at the suspect's home. More stolen
property and a marijuana cultivation system were found in the residence. The subject was re-
arrested at his residence and booked into the Marin County Jail for a number of charges
including the possession of burglar tools and stolen property. He will likely be facing charges in
several different Police jurisdictions
During December there were six various types of frauds and identity theft reports made. One
investigation involved a Mara Vista Court resident who was trying to sell her boat over the
internet. In October, a prospective buyer offered to pay $16,500; $10,000 for the boat and
$6,500 for engineering inspection fees. In December, someone deposited a check for $16,500
into the victim's account at the Washington Mutual Bank in Tiburon. While the victim was
vacationing in Hawaii, she got a call from someone representing the buyer saying they needed
the $6,500 engineering fee as soon as possible. The victim then used her personal credit card
and wired that amount via Western Union to the person in London, England as requested. Upon
returning home, the victim was informed by Washington Mutual that the check for $16,500
deposited into her account was a counterfeit and was therefore deducted from her account
leaving her liable for the $6,500.00 she had forwarded to London. Washington Mutual could
2004 Annual Report
55
provide no help in identifying the person who deposited the counterfeit check. The case has
been forwarded to the FBI for their consideration
During the month of December, several Tiburon Police Officers joined Officers from throughout
the County in staffing DUI checkpoints in Novato, San Rafael, Ross Valley and Southern Marin.
Officers also participated in a joint "strike team" effort on December 30. Specifically, on
December 18, The Town of Tiburon and the City of Mill Valley co-hosted a DUI Sobriety
Checkpoint in the 800 Block of East Blithedale in Mill Valley. At this DUI Checkpoint,
members from the
Patrol,
Administration
and Support
Division planned,
administered and
implemented this
checkpoint along
with our
counterparts from
the Mill Valley
Police
Department. All
in all, the
checkpoint was
successful as over
2300 vehicles
were screened
that night for
driving while
impaired.
2004 Annual Report
Tiburoll Police Staff co-host a
Sobriety Checkpoint with Mill
Vallev PD in December 2004.
~
56
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21664, Statistical Report
TOTAL CALLS FOR 7728 1.724 1769 1885 1729 .7106.
SERVICE
PART I CRIMES-TOTAL 192 28 39 46 48 161
HOMICIDE 0 0 0 I 0 ]
RAPE 0 0 0 0 0 0
ASSAULT 21 6 4 8 13 3]
ROBBERY 0 ,0 1 0 0 1
BURGLARY 50 6 6 9 8 29
'LARCENY! THEFT In 15 26 27 ' 22 90
MOTOR VEHICLE THEFT 5 1 2 I 5 9
ARSON 3 0 0 ,0 0 0
TOTAL ARRESTS MADE 136 35 36 48 48 167 .
VEHICLE CODE
ENFORCEMENT
DRUNK DRIVING 48 ll. 12 21 II 55
MOVING CITATIONS 1050 218 154 175 136 683
ADMIN. CITATIONS'
PARKING CITATIONS 4175 1118 834 593 426 2971
ABANDONED VEHICLES TOWED 5 2 I , I 3 7
TRAFFIC COLLISIONS -'- 68 12 30 24 13 79
TOTAL
NON-INJURY COLLISIONS 48 8 22 17 4 51
INJURY COLLISIONS 20 4 8 7 9 28
2004 Annual Report
57
Crime Statistics
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P~I1/tJ'mOJ1fIJCe (!J;veHt Time
Members of the Tiburon Police Department are directed to enforce penal and traffic laws
pursuant to the provisions of the statutes of the Town of Tiburon, the County of Marin, the State
of California and the United States of America. Officer discretion is paramount for each officer
contact as each situation requires sound judgment on the part of our officers. Enforcement in
these matters consists of education, issuing warnings, citations and arrests when warranted. An
emphasis is added to those violations that are deemed "hazardous" or those that are considered
common factors in causing traffic collisions. A hazardous violation includes but is not limited
to; speeding, stop sign violations, failure to yield the right of way (to vehicles and pedestrians),
following too closely, signal light violations, turning violations, unsafe starting or backing and
driving while under the influence.
At the beginning of this current decade the declining economy and an increase in the 15 to 25
year old age bracket in the Tiburon lead to an overall slight increase in crimes per thousand
population. However in 2004, we saw a slight decrease in Part I Crimes 161 as opposed to 192
in 2003. A disturbing trend that we have begun to see was the serious crimes committed by
children against their parents, a total of 10 such crimes throughout the year. Such crimes have
been reflected previously in the 2004 In Review section of this Annual Report.
An important part of the Department's infrastructure that is utilized in solving crimes is the
Department's Investigator. While the number of Part I Crimes decreased from 191 in 2003 to
167 in 2004, the loss of property rose this year from $444,734 in 2003 to $672,806 in 2004. The
Department was, however, able to recover $187,076 of that property, over six times the amount
of stolen property that was recovered by Department in 2003. The Department's Monthly
Reports reflect a broader view of the crime rate that includes all violent as well as major felony
cnme.
Cases Reported I Cases Cleared
1000
800
600
400
200
o
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
10 Cases l!I Cases Cleared I
2004 Annual Report
58
The following two charts demonstrate the amount of calls for service for the Tiburon Police
Department and the number of total arrests for the last IO year period. In the area of
arrests, after a :-.pike in the amount of arrest in the year 2000 and a decrease the following
year, the trend appears to once again be on the rise.
Calls for Services from the Tiburon Police
Department 1995-2004
10000
8000 I
6000 I -~
4000 I I .
2000 1 I
o --
-
i
~
~
~
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~--
~
--
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1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
Tiburon Police Department Arrest 1995-2004
300
250 I
2001
150 I
100 I
50 11
o
1995
1997
1999
I D Adult IjJ Juvenile D Driving Under the Influence I
2004 Annual Report
59
JlOlbTfjTf@[f{J '@Uarr:~ mJ~,@TfitrmrJ~[f{Ja
. - ,
Traffic. Statistics
During the past year, we witnessed an increase in traffic collisions in Town
particularly in the classtfication of injury collisions. While the amount of non-
injury collisions stayed relatively stable, we saw an increase in injury collisions of
40% in 2004 over 2003.
'"
Traffic Citations - 10 Year Trend
- -:;
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,
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"-
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Citations
..:
Traffic Collisions - 10 Year Trend
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1
50
,-'
Collisions
2004 Annual Report
60
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