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Home My WebLink AboutTC Agd Pkt 2005-03-02 TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 ;rc~/r<r <:.-. .1./ March 2, 2005 Regular Meeting 7:30 P.M. ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435-7377, Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address, PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items, If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda, Agenda - Town Council Meeting March 2, 2005 Page 2 of 3 '" '. AGENDA CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Gram, Councilmember Slavitz, Vice Mayor Smith, Mayor Berger ORALCOMMUNICA TIONS 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 or action 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 vour comments to no more than three (3) minutes, CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the 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 - February 16, 2005 2, Recommendation by Assistant Planner - Application for Irrigation Well Permit Address: Applicant: Assessor Parcel No. 121 Barn Road Altman 038-012-38, 40, 54 & 60 3, Recommendation by Police Chief - Results of Police Management Study a) Reclassification of Police Lieutenant to Police Captain b) Staffing of the Investigator from a Police Sergeant to Police Officer c) Affirmation of Update of Police Policies and Procedures Manual 4, Recommendation by Town Engineer/Director of Public Works - Adopt Final Plans and Specifications for South Knoll Restroom Facility REGULAR AGENDA 5. Recommendation by Town Clerk - Vacancies on Town Boards and Commissions a) Re-Appointment of Planning Commissioner Kunzweiler and Library Boardmember Falk b) Temporary (Interim) Re-Appointment of Retiring Design Review Boardmember Figour c) Update on other Vacancies on Town Boards and Commissions : Agenda - Town Council Meeting March 2, 2005 Page 3 of 3 6, Recommendation by Planning Manager - Partial Upholding of Appeal of Design Review Board Decision to Approve a Site Plan and Architectural Review Application for Construction of a New Single Family Dwelling at 79 Round Hill Road - continued from November 17,2004 Appellants: Charles and Dale Sofnas, 75 Round Hill Road Applicants: Ron Oznowicz & Carl Weissensee Assessor Parcel Nos.: 58-301-17 & -35 a) A Resolution of the Town Council of the Town of Tiburon Partially Upholding Appeal Charles and Dale Sofnas and Granting Conditions Thereto WRITTEN COMMUNICATIONS Town Council Weekly Digest - February 18, 2005 Town Council Weekly Digest - February 25, 2005 ADJOURNMENT To the next regular Town Council Meeting scheduled for March 16,2005. AGENDA ITEMS - Note: These items are tentative until they aDDear on the final agenda . Del Mar Valley Undergrounding of Utilities Assessment District - Adoption of Preliminary Engineer's Report and Actions related thereto - (March 16) . Chamber of Commerce Request for Extension of "Friday Nights on Main" . Award of Contract - Installation of Solar Panels at Town Hall . Award of Contract - Trestle Glen Bike & Pedestrian Path . Drainage Improvements - Notice of"Completion . Street Impact Fee Revisions . Tiburon Glen Precise Development Plan . Proposed Erosion and Siltation Control Ordinance . Approval of Countywide Services JPA . Adoption of Updated Personnel Rules and Regulations :j 'r[-- / ir: ,~.:) -J.--'" i '. IA,,\... lC,G, / -------------- TOWN COUNCIL MINUTES CALL TO ORDER Mayor Berger called'tlle regUIar'meetitIg of the Tiburon Town Council to order at 7:30 p.m. o~ Wednes~y, ~ruary 16, 2005,yown Council Chambers, 1505 Tiburon Boulevard, Tlburon, Califorrua.",,-, _~. ' ----...-...-, ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Director of Administrative Services Bigall, , Chief of Police Odetto, Director of Public Works/Town Engineer Echols, Town Clerk Crane Iacopi CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956(a)) Fenster v. Town Council, Planning Commission & Library Agency ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY The Mayor said that no action had been taken in closed session. ORAL COMMUNICATIONS Gus Strotz, Spanish Trail, said that he was building an addition to his home for his children andcomplainedofthe small size allowed by the Town for second units (400 squarefeet). He mentioned several other communities that allowed larger units-750 square feet in Mill Valley and 1,000 square feet in San Rafael. The Mayor suggested that he talk to Town Staff further and noted that there was something called an "accessory structure" [in the Town Code] which could be up to 1,000 square feet. Town Council Minutes # 05-2005 February J 6, 2005 Page J ~ Steve Wanat, Mar West Street, complained of the profusion of pollen this time of year being produced by acacia trees and suggested that the Town consider banning the planting of these "noxious" trees in the Town's General Plan. INTRODUCTION OF NEW TOWN EMPLOYEE . Lynn Skillings, Public Works Aide Director of Public Worksffown Engineer Echols introduced Ms. Skillings. He said that she had a bachelor's degree from the University of Connecticut and had most recently worked as the Office Manager of the Marin Historical Society. Ms. Skillings said that she was happy to be working for the Town and said that she had been impressed with the professionalism and sense of humor of the members of Town Staff. ANNUAL REPORTS FROM BOARDS. COMMISSIONS & COMMITTEES . Marin-Sonoma Mosquito & Vector Abatement District - Tiburon Representative Roger Smith Roger Smith, former President ofthe District, said that he had recently returned form a conference in Monterey with the latest information and statistics on the spread of West Nile virus. He said that there had been 28 [human] deaths in Southern California but none in Marin County to date. With regard to the District, Mr. Smith said that it had completed annexation of several unincorporated areas which increased the size from 1,000 square miles to 2,500 square miles of service area. He said that the District had a budget of $3 million this year; $1 million to payoff the loan of the recently built new headquarters building in Sonoma; and $.7 million to serve the new district area. In response to a question from Councilmember Slavitz concerning spaying, Smith said that the District had not sprayed anything toxic for 15 years; that the controversy covered by the press in Fairfax had been in response to complaints from residents about swarms of mosquitoes which the District had "fogged" for 20 minutes with pyrethrum, a chrysanthemum extract. In addition, Mr. Smith said that "alticid", a hormonal extract, was sprayed by the District into catch basins in the County in order to stop the reproductive cycle of mosquitoes, and that they also used oil on horse ponds. Mayor Berger asked for a definition of , 'vector." Mr. Smith said that word meant anything that carries a disease to humans. Town Council Minutes # 05-2005 February 16, 2005 Page 2 ., v Mayor Berger thanked Mr. Smith for his work and for his report to the Council. CONSENT CALENDAR 1. Approval of Town Council Minutes - February 2,2005 2. Approval of Town Council Minutes - February 7,2005 3. Recommendation by Director of Administrative Services - Adopt Monthly Investment Summary for January 2005 4. Recommendation by Director of Administrative Services - Adoption ofPY 2003.04 Audit Report 5. Recommendation by Town Manager - Council-Staff Retreat Draft Goals for 2005 6. Recommendation by Administrative & Financial Analyst - Amend Hourly Rate Schedule for Town Staff Cost Recovery a) A Resolution of the Town Council ofthe Town ofTiburon Adopting a Revised Hourly Rate Schedule for Town of Tiburon Personnel 7. Recommendation by Town EngineerlDirector of Public Works - Application for Grant Funding for South Knoll Playground Renovation a) A Resolution ofthe Town Council oftheTown ofTiburon Authorizing the Filing of an Application for the California Integrated Waste Management Board Funding for The South ofthe Knoll Playground Renovation Town Manager McIntyre said that one goal had been admitted in No.5 and asked that it be added: "To develop a strategy to revitalize Tiburon's downtown." MOTION: Moved: Vote: To approve Consent Calendar Item Nos. 1 through 7, as amended. Fredericks, seconded by Slavitz AYES: Unarrimous REGULAR AGENDA 8. Recommendation by Director of Community Development - Request for Waiver of Processing! Annexation - SODA LLC Town Council Minutes # 05-2005 February 16, 2005 Page 3 Director Anderson gave the report. He described the property location as the uphill side of Paradise Drive and said that SODA LLC had applied to the County to build eight single family homes in that location. Mr. Anderson said that the Marin Countywide Plan provided for a "right of first review" by the Town in applications within its sphere ofintluence, and that the Town had a lengthy history of this type of review. Moreover, Anderson described the Town's consistent policy and practice of pursuing annexation in development applications larger than a two-lot split since 1992 whenever LAFCO's dual annexation policy applies. Anderson suggested that if the Council chose not to pursue annexation in this instance, future developers would likely all choose to bypass the annexation process and file directly their applications directly with the County. This could result in a situation similar to the Cypress Hollow Development, according to Anderson, in which homes were built according to allowable County standards at the time, and the residents applied for annexation to the Town after the fact. In his report, Director Anderson outlined the criteria used by the Town to analyze applications and discussed the implications of the project in question: I) Land use implications, including density and location and pattern of development, as well as impacts on properties already within Tiburon; 2) Economic implications, including cost/revenue balance and extension of Town services to property; and 3) Property owner and resident sentiment. In particular, Anderson discussed the financial implications, already well known to the Town, of annexing property in the Paradise Drive area and assuming control of the public street. He said that members ofthe Council and Town staffhad been working over the past few years with County of Marin officials to agree upon a cost-sharing system for maintenance of Paradise Drive ~hat would allow the Town to proceed with annexation of the Paradise Drive areas without absorbing the full maintenance costs of the street. He noted that these discussions were on-going at the present time. Mr. Anderson also said that Town staffhad met with County Public Works personnel and the LAFCO executive director in 2004 to discuss the same issue. In that meeting, the County painted a "very grim picture," according to Anderson, of the ongoing deterioration and lack of maintenance of Paradise Drive, stating that sufficient funds had not existed for many years for maintenance and that there was currently no plan or anticipated revenue source at the County level for reversing this situation. Some ideas that were discussed for ameliorating this situation were: a) the formation ofan assessment district for the Paradise Drive area, possibly a community services district, that might encompass public utility improvements and services such as water, sewer and fire suppression; and b) passage of a bond measure or parcel tax involving street maintenance. Town Council Minutes # 05-2005 February J 6, 2005 Page 4 ., Finally, Director Anderson outlined three possible responses for Council's consideration of the applicant's request for waiver of annexation: 1) Deny the applicant's request and send a letter to the County urging that it enforce its Countywide Plan policy and offer the Town the right of first review ofthe development applications; this would set the Town on a course of firmly pursuing annexation of the property and the Paradise Drive frontage; 2) Indicate to the County that the Town would agree to the County processing the development applications while entering into a memorandum of understanding, or similar document, which would provide the Town a meaningful role in the project review and approval; 3) Grant the applicant's request for waiver of application processing in favor of the County; made conditional upon, among other things, the property owner entering into an agreement, running with the land, that would provide for future annexation by the Town, at an appropriate time, without opposition from the property owner(s). Vice Mayor Smith asked some questions about the Sorokko property development application, located directly across from the SODA property. Director Anderson said that Mr. Sorokko had withdrawn his development application with the Town during the EIR process and that the application was now being processed by the County of Marin. He noted that the application called for a septic system rather than sewer, therefore LAFCO's dual annexation policy was not triggered.. Mayor Berger asked whether the Town was in a better position to find funding for the infrastructure problems if the property was annexed. Director Anderson replied that annexation would surely increase the Town's "stake" in the matter. Councilmember Slavitz pointed out that the costs for sewer (Sanitary District No.5) and water (Marin Municipal Water District) were not costs borne by the Town, just the roadway. Mayor Berger asked for comments from the applicant. Scott Hochstrasser, Planning consultant representing the owners ofthe property (SODA LLC), challenged some of the analysis presented in the staffreport concerning precedent-setting (if annexation is deferred) and density (if the application is approved by the County). Mr. Hochstrasser said that there was another option, ifannexation was deferred by the Council, of collaborating with the property owners to create a funding package that would address some of the issues of street maintenance. With regard to density issues, Hochstrasser said that the County-wide Plan allowed for up to 20 units on the property while the application called for eight, and possibly fewer, which would Town Council Minutes # 05-2005 February 16, 2005 Page 5 " include two units of affordable housing. He also stated that 50% of the open space could be maintained and that the County's processes for public review, including hearings on the EIR, were very similar to the Town's. The difference to the property owner, according to Hochstrasser, was that the County is able to process the Precise Plan and a vested tentative map all in one step, while the Town's review process takes much longer. He explained that a bank would not lend money to a developer if there was no vested map. Mr. Hochstrasser said that the property owners wanted to work with the Town and suggested that the Council consider Option No.3 but agree to a deferral, rather than a waiver, of annexation, to allow the owners of the property to proceed with their application on file with the County. Moreover, he requested that the Council continue the item and form a committee to work with the property owners on a funding mechanism for the street frontage, including the possible development of a bike lane, prior to taking action. Vice Mayor Smith asked what the difference between a waiver and deferral of annexation. Mr. Anderson said that really was no difference but that it was just a way of "buying time." He clarified that LAFCO did not really waive annexation, only deferred it. Smith asked about the BRC property where the Town agreed to allow the County to process the application several years ago. Anderson responded that this property was never subject to the dual annexation policy and that the Town felt "aced out" of being able to process the applications. The Town ended up entering into a separate'agreement with the property owners instead. Councilmember Fredericks asked why the property oWners were just now coming forward with'a funding proposal since the development of the property had been under consideration since 1996. Mr. Hochstrasser replied that it was a "market-timing" question and that the time was right due to a shortage ofland in the County, and especially this size of parcel, to develop it. He pointed out that the Town had been talking about the Paradise Drive maintenance question for an equal amount oftime with no resolution and asked why it would not consider such an offer. Councilmember Slavitz said that the resolution of the street's problems was not contingent upon development of the parcel and continued to ask why the owners wanted to process their application through the County, rather than through the Town. Mr. Hochstrasser said a longer the application process would ''whittle down" the revenue available to the owners, as well as funds for the road, and that the applicants could not wait for "five, 10, or 20 more years" for the Town to decide how to maintain the area. Mayor Berger saId that there were ''political and logistical" problems with residents attending EIR hearings at the County; that some residents preferred to drive to town Hall. Town Council Minutes # 05-2005 February 16,2005 Page 6 'I He also asked whether Mr. Sorokko might change his application from septic to sewer at some point in the [County] process. Director Anderson said that was a definite possibility. Councilmember Fredericks asked whether there was a downside to the Council continuing the item, per the applicant's request, until a "package" for services was in place. Director Anderson said that the County was holding the application "incomplete" pending a hearing by the Town Council and that at some point they would move ahead. Mayor Berger opened the hearing to members of the public. The following people spoke in favor of the Town annexation of the property: . Jack Sholl, 13 Acacia, said that the perception of he and his neighbors, who had submitted a petition against the waiver, was that Town's review process was more ''rigorous'' and its attention to detail in planning process and public review was far superior to the County; . Diane McEwen, Old Landing Road, said that if the application was processed by the Town, it would afford residents an opportunity to talk in more detail about the application andavoid the construction of "hulking houses"; . . Dave Coury, Paradise Drive, who had worked on the Paradise Drive visioning plan, said that paid a ''ransom'' to get sewer; said that the Town should not succumb to "bribery;" said that a concern for the commonwealth outweighed the convenience to a single developer; . Larry Gelb, 15 Seafirth Place, Homeowner's Association President speaking on behalf of 30 homes, urged the Council to follow the goals and guidelines of the 1989 General Plan, and that a waiver of annexation would "diminish" the ability to influence the development; . Jerry Riessen, Ridge Road, warned of the "domino theory" taking place if this property was not annexed; . John Kunzweiler, 16 Norman Way, said that the residents in his area viewed the development of the Paradise Drive area as "critical" and that it was important to "get it right" by "keeping the process local;" [Planning Commission Kunzweiler lives in excess of500 feet from the SODA property in response to a question from the Mayor]; . Robert Swanson, 2 Seafirth, since 1977, said that the Town's Engineer's great attention to 'detail during the development of the homes on Acacia Drive (uphill) had resulted in a lack of adverse conditions for the downhill neighbors; said that when Mr. Sorolcko did unpermitted grading and tree removal, it took the County two weeks to respond and that it would be a "comfort" to have the application processed by the Town; . Barbara Kautz, 4131 Paradise Drive, 27 years, agreed that the County seemed to have less attention to detail than the Town and that annexation would help create a "sense of community" on the Paradise Drive side; . Randy Greenberg, Norman Way, County Planning Commissioner, commenting on the annexation issue rather than the application, said that the Town had greater local Town Council Minutes # 05-2005 February 16, 2005 Page 7 .. knowledge and closer oversight; that the property was a "logical extension" of the town's boundaries; and that the mutual concerns of existing neighbors in Seafirth and Norman Way were social and political reasons for annexation; added that a bike path "would not happen" because of the "substandard" road width and would also require the agreement of more than one abutting property owner; said that the property owner's "hurry" bespoke of desperation, noting that the application on file with the County was, in fact, incomplete; said that the Town "could do it" with regard to assuming maintenance of Paradise Drive. Other members of the public spoke: . Ken Marks, 3680 Paradise Drive, over 30 years on "both sides" ofthe Peninsula, said that the County did an "extremely good job" and was "constantly involved" when he developed his property; said that the Town would be "more lax" if the area was not annexed; said that his portion of the road was over 40 feet wide, more than adequate for the creation ofa bike path; said that s<?me of the neighbors, while friendly, were opposed to annexation. . Becky Pringle, Comstock Drive and Paradise Drive property owner, said that the majority of residents in the area had been opposed to annexation since before the incorporation of the town which had led to the incorporation of the Paradise Drive Property Owner's Association; said that during the visioning process 80% of the respondents still opposed annexation; said that the County was "viable" and did its best to defer to the town; suggested that the Council look "at all sides" of the argument and that there were those who did not like being "overbearingly processed." Mr. Irving Rabin, co~owner of SODA property along with his children, addressed the Council. He said that they had filed their application with the County two years ago after learning about the Town's concerns regarding possible future maintenance of Paradise Drive. Mr. Rabin said that the County's feedback about the application had been favorable; he said that they were told that they had "an exceptionally environmentally friendly development" application. He warned against "hysteria" in the room and said that his family's goal was to work with the city [sic] on issues but that it was more expedient to process the application with the County. Rabin requested that the Council defer annexation and look into ways to work with he and his family on issues such as safety (adding a bike lane at their cost) and affordable housing issues. Councilmember Slavitz asked whether a bike lane and road development couldn't also be looked into if the Town processed the application. Councilmember Fredericks agreed. Mr. Rabin referred the question to Mr. Hochstrasser who again stated that there was a timing question and that they owners wanted to move forward. He reiterated Mr. Rabin's comments that it was a "fabulous" development and that homes had low FAR's with basements dug into the Town Council Minutes # 05-2005 February 16; 2005 Page 8 hillside. He said that the County already had "green building" standards in place and that they recognized the efforts made by the developer. Mr. Hochstrasser said that annexation alone could take six months and that it took three years to process an application through the Town, while the County's process took one year plus 90 days. Councilmember Fredericks asked for clarification of the action sought by the applicant. Mr. Hochstrasser said that they requested a deferral ofthe decision [or continuance of the matter] in order to allow the applicants and the Town to ''work out a deal" in which the Town could derive benefit while allowing the applicants to process their development application through the County. Mayor Berger closed the public hearing. Councilmember Slavitz said that it was important to annex the property now for the reasons of sensible planning and precedent. He said the property in question was fronted by a parcel that was under the County's jurisdiction but that on all other sides, it was surrounded by the Town of Tiburon. Furthermore, Slavitz said that the Town did not want another Cypress Hollow development, whereby ''we digested something that we didn't cook." Councilmember Slavitz added that it was important for the Town to continue its policy of having right of review over applications for dividable property and to defer annexation on'smaller parcels. He said that the To~ should continue to work with the County on finding a funding mechanism for Paradise Drive but admitted that it might be a long-term process. However, he . said that by deferring annexation now it would only encourage the County to proceed with the processing of the [SODA] applicatio~. Councilmember Fredericks concurred. She said that she still hoped that the Rabin family would take the opportunity to work "hand in glove" with the Town on funding issues for Paradise Drive and to work on developing a project that was consistent with Tiburon neighborhoods. She said that the Town could provide better oversight and had a better "overall picture" of the area, both socially and geographically, because it was within the Town's sphere of influence which, in the long run, she contended would be the most efficient way to get services and planned development. Councilmember Gram said that Paradise Drive had made for "lousy planning" and that the Town had "run away from it" in the past. He said that if the Council voted to annex the [SODA] property, it would start a process on all the undeveloped parcels in the area. He said that he would vote in favor of annexation but only "if we are serious" about addressing not only the road maintenance but other issues, such as drainage, as well. Town Council Minutes # 05-2005 February 16,2005 Page 9 Gram said that he understood that there had been recent progress on these issues but asked whether we were "really around the comer." He said that he hoped that there would be a confluence of parties, including Sanitary District 5 who wanted to extend their [sewer] pipeline, MMWD, and the property owners, who would also be willing to participate in the (funding) ~olutions. Councilmember Fredericks pointed out that LAFCO staff indicated that there were solutions to be found based on other examples of inter-jurisdictional participation throughout the state. Finally, Councilmember Gram said it was important to realize that "we have one of the better developers here and we should appreciate" [his] efforts and that he should be '"treated with sensitivity. " Vice Mayor Smith said that the Town faced complex issues over the long term in dealing with these large (undeveloped) parcels. He said that the real question was the future of Paradise Drive which, he predicted, would ultimately be part ofthe Town. He said that the Town had "dodged and weaved" around some of the issues in the past and that he was uncomfortable with the annexation issue "if we're not proactive" in addressing the issues and finding funding. However, Smith said that if the Town believed that the parcels would eventually become part of the Town, then it was incumbent upon the Town to have input into the planning process now. He said that his experience with working with County staff was different than working with Town Sta1f; however, he stated that if Mr. Rabin's plan was as good as they say it is, then it should be well received by the Town. Mayor Berger said that he too would support annexation. He concurred with the Vice Mayor's comments about working with the County staffbut said that the County had an excellent Planning Commission. He said that the input from Town residents and the competence of the Town Staff would make it even a better project. The Mayor acknowledged that the road conditions would continue to worsen if nothing was done; he said that during a Measure A [transportation sales tax] hearing, the County had even said that there would be no funding for Paradise Drive because ''the Town will take care of it." This underscored in his mind the importance of finding funding solutions. MOTION: To deny the request for waiver of annexation and direct staff to inform the County of the Town's intention to exercise its right of first review of the project application. Fredericks, seconded by Slavitz AYES: Unanimous Moved: Vote: , Town Council Minutes # 05-2005 February J 6, 2005 Page 10 ) PUBLIC HEARING 9. Recommendation by Town Manager - Amendment to Town Code Pertaining to Taxicabs Second Reading and Adoption of Ordinance a) An Ordinance of the Town Council of the Town of Tiburon Repealing Chapter 11 of Title III of the Tiburon Municipal Code and Adopting a New Chapter 11 Regulating Taxicab Operation b) A Resolution ofthe Town Council of the Town ofTiburon Authorizing the Marin Streetlight Joint Powers Authority to Assume Responsibility to Administer a 'Taxicab Regulation Program Council waived the Staff report. Mayor Berger opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read ordinance by title only. Gram, seconded by Slavitz AYES: Unanimous Mayor Berger read, "An Ordinance ofthe Town Council of the Town of Tiburon repealing Chapter 11 of Title III ofthe Tiburon Municipal Code and adopting a new Chapter 11 Regulating Taxicab Operation." MOTION: Moved: Vote: MOTION: Moved: Vote: To adopt above ordinance. Gram, seconded by Smith AYES: Berger, Fredericks, Gram, Slavitz, Smith To adopt resolution authorizing JPA to administer. Fredericks, seconded by Smith AYES: Unanimous WRITTEN COMMUNICATIONS Town Council Weekly Digest - February 4,2005 Town Council Weekly Digest - February 11,2005 Town Council Minutes # 05-2005 February 16, 2005 Page 11 \. ADJOURNMENT To a meeting of the Tiburon Redevelopment Agency. TffiURON REDEVELOPMENT AGENCY AGENDA CALL TO ORDER AND ROLL CALL Boardmember Fredericks, Boardmember Gram, Boardmember Slavitz, Vice Chair Smith, Chair Berger APPROVAL OF MINUTES 1. December 1, 2004 MOTION: Moved: Vote: To adopt minutes. Gram, seconded by Smith AYES: Unanimous BUSINESS MEETING 2. Adoption of Audit Report for Fiscal Year Ending June 30, 2004 MOTION: Moved: Vote: To adopt report. Fredericks, seconded by Slavitz AYES: Unanimous ADJOURNMENT There being no further business before the Redevelopment Agency of the Town ofTiburon, Mayor Berger adjourned the meeting at 9:35 p.rn. The next regular Town Council meeting is scheduled for March 2,2005. MILES BERGER MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 05-2005 February 16, 2005 Page 12 .... Town of Tihuron STAFF REPORT AGENDA ITEM 2 :I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL SUBJECT: KRISTIN KRASNOVE, ASSISTANT PLANNER 121 BARN ROAD; FILE #W05-01 REVIJ;:W OF A WELL PERMIT APPLICATION FOR THE DRILLING OF A WELL FOR THE PURPOSES OF IRRIGATION. FROM: MEETING DATE: MARCH 2, 2005 REVIEWED BY: AM . . . . . . . . .. "........................................ PROJECT DATA: OWNER! APPLICANT: WELL DRILLER: ADDRESS: ASSESSOR PARCI;L NUMBER: FILE NUMBER: ZONING: GENERAL PLAN: FLOOD ZONE: DATE COMPLETE: IAN AND LAURA ALTMAN HADLEY . 121 BARN ROAD 034-012-38,40,54,60 W05-01 R-1 (SINGLE-FAMILY RESIDENTIAL) M (MEDIUM DENSITY RESIDENTIAL) C FEBRUARY 10, 2005 PROPOSAL: , The applicant has submitted a request to drill a well on the property at 121 Barn Road for the purposes of landscape irrigation. The well would be located on the west comer of the property adjacent to the proposed driveway and auto court. No specifications for any well appurtenances, such as water storage containers, have been submitted at this time. The owner is required to obtain design review approval for any such appurtenances. ANAL YSIS: In reviewing well permit applications, the Town must ensure that the proposal is in compliance with the requirements set Chapter 13F of the Municipal Code (water well construction and use), In accordance with Chapter 13F, staff has made the following conclusions: . The applicant has provided the necessary documentation to ensure that the contractor to perform the work has the appropriate credentials, and that the location of the proposed , well will not affect the properties in the vicinity. Tiburon Town Council Staff Report 3/02105 1of2 Town of Tiburon STAFF REPORT \'" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Based on the submitted materials, it appears that the granting of the permit will not be detrimental to the public health, safety or welfare, nor injurious to other properties in the vicinity. Based on the above conclusions, the project is found to be in compliance with the Town's requirements in respect to the construction of irrigation wells. PRELIMINARY ENVIRONMENTAL DETERMINATION: Planning Division Staff has made a preliminary determination that this proposal would be exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303. RECOMMENDATION: It is recommended that the Town Council review this project with respect to Chapter 13F of the Municipal Code (water well construction and use) and determine that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303 of the CEQA Guidelines, It is further recommended that the Town Council adopt the attached resolution of approval for the proposed project. EXHIBITS: 1. Draft Resolution 2. Plans for the project Tiburon Town Council Staff Report 3/2105 2of2 RESOLUTION -DRAFT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE DRILLING OF A WELL FOR IRRIGATION PURPOSES ON A PROPERTY LOCATED AT 121 BAR.N ROAD ASSESSOR PARCEL NUMBER 034-012-38,40.54.60 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. FindinQs. A An application for drilling of an irrigation water well has been submitted by the property owner of 121 Barn Road, B, The Town Council has reviewed the application and determined that the project is consistent the requirements of Chapter 13F of the Municipal Code concerning water wells and is consistent with the Tiburon General Plan. C. The Town Council has determined that the project is categorically exempt from the requirements of CEQA per Section 15303(d) of the CEQA Guidelines, D, The Town Council finds that the project, as conditioned, will not be detrimental to the public health, safety, or general welfare nor injurious to other properties in the vicinity_ E. The Town Council finds thatthe owner has provided a written report from a registered civil engineer stating that the water well is unlikely to produce harmful impacts on neighboring properties or result in subsidence. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council approves the application for an irrigation water well at 121 Barn Road subject to the following conditions: 1, The well shall meet all applicable well standards adopted by Chapter 7.28 of the Marin County Code, as may be amended from time to time, and any other regulations adopted by the County pursuant thereto. 2, The well shall meet all applicable requirements of the Marin Municipal Water District. ' 3, No well-related work shall commence until such time as a Well Permit Certificate has been issued by the Planning Director. Hours of well drilling and any Town Council Resolution-DRAFT - Well Pennit at 121 Barn Road r- .~ associated construction work shall be limited to 7:00 A.M. to 5:00 P.M. Monday through Friday, and 9:30 A.M. to 4:00 P.M, on Saturday. 4. Any and all equipment and/or vehicles associated with the well construction shall not prevent or substantially impede vehicular passage on any street within the Town of Tiburon, 5, Site Plan and Architectural Review approval shall be required for any structures associated with the well, such as water storage containers, which require such approval. 6. This approval may be suspended or revoked for cause, pursuant to Section 13F- 8 of the Tiburon Municipal Code, 7. This approval shall expire and become null and void six months after Council approval. One extension of up to six months may be granted by the Town Manager for good cause, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 2, 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: MILES BERGER, MAYOR TOWN OF TIBURON ATTEST: DIANE L CRANE, TOWN CLERK S:\Planning\Staff Folders\kkrasnove\Resolutions\121 Barn Road WelI.RES,doc Town Council Resolution-DRAFT - Well Pennit at 121 Barn Road @ ~ '" Q:- " QJ / Zlo <{ " --' ~ G..ji LLJ~'~ '"' I- ~ - ...... en - - ~) , / " 15'-0" ~\<. 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BACKGROUND Police and Sheriff's departments throughout the State of California are required to participate in annual audits to ensure compliance with all State and Federal mandates. In addition to the annual audits, the Chief of Police and the Town Manager may request the Peace Officer Standards and Training (POST) to conduct a Management Study of the police department. The purpose and scope of this study is to review all aspects of police operations and identify areas related to the department's well-being. This would include a review of the organization's structure, staffing, scheduling and policies. Last year, the Town Manager requested the Management Study. ANAL YSIS POST completed the Management Study for the Town in January 2005 and submitted the results to the Chief of Police and the Town Manager (Exhibit 1). The study found that the Tiburon Police Department is a "very well run police department which is healthy, efficient and effective in the delivery of service to the Town of Tiburon". The study made several recommendations to strengthen the department's operations. Staff is recommending implementing the following three recommendations upon Town Council approval. Reclassify the Police Lieutenant position to that of Police Captain and develop a new job description for the position The Police Department is presently staffed with a Police Chief, a Police Lieutenant, four Sergeants, eight Officers, an Investigator and three Police Service Aides. The Management Study focused on the Police Lieutenant position to determine its appropriateness. Among other duties, Tiburon's Police Lieutenant is the second-in- command and serves as the acting chief. February 23, 2005 1 of 3 :> Town of Tiburon STAFF REPORT AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . POST reviewed the job descriptions for the Police Captain position in agencies of similar size. The two primary functions are the ability to serve as the acting chief in his/her absence and to manage patrol operations. POST conducted a survey of agencies in Marin County and found that the second-in-command consistently use the rank of Captain in their respective organizations. Those agencies include Mill Valley, Sausalito, Twin Cities, San Anselmo, San Rafael and Novato. Up until March of 1994, the second-in-command at the Tiburon Police Department held the rank of Police Captain. For the purpose of salary comparisons, Tiburon's Lieutenant has always been compared with the Captain position in other agencies. Attached is the draft Job Description for the Police Captain (Exhibit 2) and the current Job Description for Police Lieutenant (Exhibit 3). Staff recommends that the same salary range be used for the Police Captain as was being used by the Police Lieutenant. Staff the investigator position with an individual with the rank of Police Officer In January of 2002, the Town created an investigator position which is staffed by a Police Sergeant. The study recommended that this position be staffed by a police officer. This change would create an opportunity within the police officer rank for greater mobility and career development within the organization. In addition, there would also be a $15,000 annual cost savings to the Town. Staff is recommending that this change be implemented July 1 , 2005 for transition purposes. Update the department's policy and procedures manual The police department identified this need prior to the POST study. The department is currently. in the process of updating the Department Manual which is scheduled to be completed in June of 2005. The following POST recommendations will need further review and development by staff before making an allowance for successful implementation. . Rebuild the department's reserve program . Analysis of patrol staffing . Conduct an analysis of existing personnel hours availability determined by agency maturity for patrol personnel in the department February 23, 2005 2 of 3 Town of Tiburon STAFF REPORT AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . · Review existing deployment schedule by hours to determine policing priorities (Although this was a POST recommendation, the issue has already been addressed and completed as the result of the recent contract negotiations between the Town and the Tiburon Police Association.) · Establish a review of past practices on overtime spending · Modify format of the monthly report prepared for the Town Council · Develop a strategic plan to identify organizational goals and objectives and work plans or strat~gies to meet the future needs of the organization Fiscallmpacts ' The pr-oposed reclassification of the Police Lieutenant to Police Captain and the revision of the policy and procedures manual will have no fiscal impact to the Town. As previously stated, the staffing of the investigator's position with the police officer rank ' will have a budgetary cost savings to the Town in the amount of $15,000 annually. RECOMMENDATION It is recommended that the Town Council approve 1.) The reclassification of the Police Lieutenant to Police Captain. 2.) The staffing of the investigator's position with an officer holding the rank of police officer. 3.) Affirm the update of the Department's policy and procedure manual. Staff will revisit at a future date a plan for implementation of the remaining POST recommendations. Exhibits Attached: POST Management Study Police Captain Job description Police Lieutenant Job description February 23, 2005 3 of 3 ~i- .. -=_ .~/~ EXHmIT NO. J COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Report of the POST Management Stu.dy of the Tiburon Police Department January 10, 2005 G:\MCS\MCSBStudies\Tiburon PD\TiburonPD Final Report.wpd THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF LAW ENFORCEMENT IN SERVING ITS COMMUNITIES. TABLE OF CONTENTS BACKGROUND ............................... ........................... ... ...... ............ ..........., .......,...................,.... 1 Town of Tiburon ..... ............................... ........................ ..... ...................... .................... ...... 1 Local Government......................... ......... ............................................................................ 1 " Tiburon Police Department .......................;.......... ................... ........... ......... ....................... 1 SCOPE OF THE STUDY ......................................... .....................;.......................... ..... .............. 3 METHODOLOGY ............... ..... ................................. ............ .... ............ ..........,..................,..'.... 3 DISCUSSION OF RECOMMENDATIONS ..................... ..................................... ..... .............. 4 Organization and Staffing ..... ........... .............. .....................................,............ .....,.........,., 4 Analysis of Patrol Staffing . ..................... ........... ... ...... ........... ......... ..................... ~"...,......... 7 Administration ........... ........ ........... ......... ........... .................. ........ ............................,........ 11 SUMMARY OFRECOMMENDA TIONS ............. ................. ............. .............. ..................... 14 APPENDICES Tiburon Police Department Current Organizational Chart .............................. Appendix A Tiburon Police Department Collateral Duties Chart ......................................... Appen~ix B Tiburon Police Department Proposed Organization Chart .............................. Appendix C Tiburon Police Department Mission Statement ............................................... Appendix D Tiburon Police Department Organizational Values ............................,............. Appendix E REPORTOF THE POST MANAGEMENT STUDY FOR THE TIBURON POLICR DEPARTMENT " This report summarizes the Commission on Peace Officer Standards and Training (POST) management study of the Tiburon Police Department. The report is focused on issues that were identified by the Chief of Police and POST consultants. POST staff would like to thank the Department staff for their hospitality and assistance during the on-site visits. We compliment the Department and each of the staff members interviewed for their interest, cooperation, and positive attitude toward the law enforcement profession. During several on-site visits, Department staff continually demonstrated a desire to improve law enforcement services to the Town of Tiburon. BACKGROUND Town of Tiburon The Town of Tiburon is located on the Tiburon Peninsula in the northwest quadrant of San Francisco Bay, north of the Golden Gate Bridge. It is one of 11 incorporated cities in Marin County. The Town of Tiburon was incorporated on June 23, 1964 as a General Law city, Tiburon covers a land area of four and one half square miles and a water area of more than eight and one half square miles. Although it has a population of 8,900, numerous special events throughout the year attract thousands of tourists from throughout the world. Local Government The Tiburon Town Council is the community's part-time legislative body~ It consists of the 'Mayor, Vice-Mayor, and three Council members. They are elected at-large on a non-partisan basis for four~year terms. The terms are staggered so that a measure of continuity is maintained in the transition from one Council to the next. Tiburon Police Department The Tiburon Police Department consists of fifteen sworn police officers, three civilian full-time personnel, and one half-time civilian employee. The Department has three Level I reserve officers and two Level II reserve/officers. ,.-J The fifteen peace officer positions are classified as follows: Chief Lieutenant Sergeants Investigator Police Officers 1 , 1 4 1 8 The civilian position classifications include: Administrative Secretary 1 Police Service Aides (FT) 2 Police Service Aide (PT) 1 The current organization chart of the Departrnent is attached as Appendix A. This organization chart visually depicts how personnel are organized within the 'agency and illustrates how the agency is designed to provide police services to the Town of Tiburon. Rules and regulations, Department operational manuals, and job descriptions and position specifications for a variety of classifications generally support this formal organization, The chain of command in the Department is the order of authority. It begins at the top with the Chief of Police and flows downward to the lieutenant, sergeants, and finally to the police officers and civilian positions. The Department's organizational structure consists of one division: the Patrol Division. This is appropriate for a department the size ofthe Tiburon Police Department. Although there are many collateral functions required to' effectively run a police department, these functions can be assigned to patrol staff The Patrol Division is responsible for all patrol-related functions. The Department currently schedules patrol personnel on the 3/12 work schedule. Four sergeants and eight police officers are assigned to the patrol function which is staffed 24 hours a day, seven days a week. The Patrol Division is commanded by the Lieutenant who reports directly to the Chief of Police. The patrol function consists of four watches, each staffed with one sergeant and two police officers. Teams 1 and 3 work from 0600 hours to 1800 hours and are staffed with one sergeant and two police officers each. One full-time police service aide and one part-time police service aide are assigned to Team 1. Team 3 is also staffed with one police service aide. Teams 2 and 4 are staffed with one sergeant and two police officers. Teams 2 and 4 work 1800 to 0600 hours on the schedule. The two full-time police service aides work a 9/80 work schedule. The police service aides are primarily responsible for parking enforcement and desk/records duties, The Chief of Police exercises command and control over the Department and is ultimately responsible for the entire operation ofthe Department. The Chief reports directly to the Town Manager. In addition, the Department's secretary and the Department's investigator are directly supervised by the Chief of Police. 2 The lieutenant, in addition to commanding the patrol function, is also responsible for a variety of duties, Some of these duties include Department scheduling,inaintaining the Department manual, managing the Field Training Officer Program, maintaining the Department computer network, serving as the Department records custodian, managing specialprojects, preparing annual budgets, serving as the town's disaster preparedness coordinator and managing the Emergency Operations Center. Sergeants assigned to the Patrol Division are also responsible for managing many of the collateral duties required to operate the Police Department. Some of these functions include: training, recruitment, background investigations, reserves, internal affairs, vehicle maintenance, traffic, and juvenile. A chart describing the functional duties required and the formal assignment of collateral duties to employees is found inAppendix B, . During our on-site visits, we learned that one sergeant was off on extended workers compensation leave. The status of this case or its disposition was not known at the time of our visits. It was also learned that one police officer was absent from duty due to maternity leave. The exactretum-to-duty date for this officer was not known at the time of our visits. As a result of these extended absences, the patrol force has been short two officers. This has resulted in the Department using overtime to fill shift slots. SCOPE OF THE STUDY POST received a request from Chief of Police Matthew Odetto for a management study. Bureau Chief Jack Gamer and Senior Consultant Bob Fuller met with Chief Odetto to determine the scope of his request. It was agreed the study would identify issues related to the Department's overall well-being. This would include a review of the organizational structure, staffing, and, scheduling. Chief Odetto and Town Manager Alex McIntyre are to be commended for their openness to request an outside agency to review all aspects of police operations in the Town of Tiburon. " METHODOLOGY POST consultants met with Chief of Police Matthew Odetto and most members of the Department. The current organizational structure was reviewed with the Chief and lieutenant. In addition, the POST consultant met with all but three members of the Department. City Manager Alex McIntyre and one reserve officer were also interviewed. Additional resource documents provided by the Police Department and reviewed by POST included: · Town of Tiburon Adopted Budget Fiscal Year 2003-2004; Police Department 110nthly Reports for January, February, and March 2004; Organizational charts from the Police Department; 3 . Current work schedules of the Police Department; Job descriptions for Police Department positions; 3/12 Proposal of the Tiburon Police Association; Town of Tiburon Police Department 2003 Annual Report; Police Department Policy and Procedural Manual including Mission Statement, Values Statement, and Objectives; , Memorandum of Understanding - Tiburon Police Officers Association, September 19, 2001; Town Council Resolution Number 39-2002 relating to middle management; and Various data regarding operations of the Tiburon Police Department. . . . . . . . Before beginning a discussion of our recommendations for the Department, it is important to mention that we believe the Tiburon Police Department to be a very well run police department. Part ofthe focus of our study was to provide feedback to the Chief of Police on how well the Department was running. As a result of our numerous interviews and review of the many documents provided..t,Qus, we believe the Department is healthy, efficient, and effective in the delivery of polic~serves to the Town of Tiburon. The recommendations provided below are only intended to fUrther slrengthen the Department's operation. DISCUSSION OF RECOMMENDATIONS Or~anization and Staffin~ . Reclassify the police lieutenant position to that of police captain. Develop a new job description for the position. The second-in-command position for the Department is therank oflieutenant. The lieutenant reports directly to the Chief of Police. Four police sergeants report directly to the lieutenant. Historically, the Department has used both the lieutenant rank and the captain rank . (during different periods of time) as second-in-command of the Department. Both ranks are considered middle-management. The practice of using either rank as the second-in- command position is primarily a matter of local preference. Local preference usually is based upon the following variables: 1. The size of the agency, 2. The number of personnel assigned to the manager, 3. The collateral duties assigned to the managerahd suborslinates, 4. The common practice (rank structure) of area/allied agencies of similar size, . 5. The level of sophistication required to perform the management duties assigned, 6, Span of control, 7. Command presence, and 8, The application of principles of organization to the Department. 4 In reviewing the job descriptions for the captain position in agencies of similar size to Tiburon, we found that the current tasks performed by the Tiburon lieutenant are very similar in nature. The two primary functions are the ability to serve as the Acting Chief in any absence of the Chief, and to manage the patrol operations of the Department. A third critical task includes the ability to represent the Department and the Town of Tiburon at important regional and/or multi-agency meetings. Police Departments in the surrounding area consistently use the rank of captain as their second-in-command position. The chart below identifies the agency and rank currently being used. AGENCY SECOND IN COMMAND RANK Mill Valley Police'Department Captain Twin Cities Police Department Captain Sausalito Police Department Captain San Anselmo Police Department Commander San Rafael Police Department Captain Novato Police Department Captain , The remaining police agencies in Marin County do not have a rank between the Chiefof Police and the sergeant positions. We believe the skills and experience required to perform established tasks and assignments of the Tiburon police lieutenant'are equivalent to those performed by captains in surrounding agencies. It is appropriate to reclassify the current lieutenant position to that of police captain. Our proposed organization chart depicting this recommendation is found in Appendix C. . Conduct department-wide staff meetings two to four times a year. During interviews with Department members, we inquired as to the level of communications that currently exist within the Department. For the most part, employees interviewed felt that most communications were adequate, especially at the operations level. Many officers and supervisors felt that having additional department-wide staff meetings on a more frequent basis would be helpful and would enhance patrol operations. 5 It is important that information and communication flow freely through a police department. This is currently done in the Department through the use of e-mails, memos, and an occasional Department meeting. We believe it is import to conduct department- wide meetings on a regular basis in order to keep all Department members informed of important issues facing the Department. Frequent department meetings also allow employees to meet face-to-fa~e to share information and improve morale and develop camaraderie. . Rebuild the Department's Reserve Program. The Department currently has three Level I reserve officers and two Level II reserve officers. The use of these reserves to augment the regular patrol force is rather limited, One reserve is usually not available for routine assignment because of work-related demands that keep him away from Tiburon. A second reserve works several shifts a month and does special details when available. The third Level I reserve also works limited shifts when available. Reserves are required to work a minimum of two shifts per month to keep active status. It is important to maintain a Reserve Program that is adequately staffed and can provide additional patrol support capabilities. As soon as appropriate, the Department should actively recruit a new group of reserve officer candidates and process them through the Field Training Program. Once qualified, the Level I reserves should be assigned to specific shifts as needed to augment patrol when high periods of activity are expected or long-term absences of regular staff are anticipated. . Staff the investigator position with a police officer rank. The Department has assigned a sergeant to the investigator position. The position has been funded by a COPPS grant that is due to expire at the endpfthis fiscal year. The sergeant assigned to this position spends approximately 40% of his time managing the Department training program, approximately 40% of time working follow-up investigations and attending meeting of miscellaneous investigative groups; and the remainder oftime doing administrative work. The ability to provide one patrol team with a supervisor is lost by assigning a sergeant to the investigative function, We believe the investigator position should be staffed with a police officer rank. This allows for ~ome upward mobility for the police officer rank, especially if officers are rotated through the position every 2-.:3 years. Ifproperly implemented, the rotation of officers through the investigative function leads to better qualified and more experienced police officers once they have served their tour and have been rotated back to patrol. A police officer serving as the Department investigator will receive additional benefit from the assignment since administrative and training manager duties are aligned with the investigator position. The fact that an officer can gain training and administrative 6 experience in the investigative assignment will provide them with a well-rounded scope of experience that is supportive of career development strategies. Analysis of Patrol Staffin~ The challenge of running a patrol operation that seeks both to provide emergency service and to engage the full range of community resources in eradicating underlying causes of crime and other police-related problems is the most difficult and demanding managerial function in a police department. The patrol resources of contemporary police organizations must be simultaneously focused on emergencies and the calls-for-service workload, on specific patrol objectives, and on longer-term problem-solving efforts. An effective patrol operation requires continuous management oftime and resources. Management must continually review a range of organizational responsibilities, must ensure that time for purposeful problem solving is made available when the implementation of specific activities is most opportune, and must establish policies and procedures to assist officers in accomplishing their assigned projects. Police administrators are continually plagued with the problem of managing a limited patrol force in the face of essentially unlimited demands. A goal of the Tiburon Police Department is to develop an effective resource allocation plan, determining how police patrol personnel are deployed in response to staffing projections and personnel availability. The cost of overtime required to staff the patrol function is a legitimate concern for most law enforcement agencies. The Department should conduct a survey ofhow patrol overtime has been allocated during the previous 12-month period. A form should be developed that will track and account for all overtime used by the patrol force. All categories of overtime usage should be recorded on a monthly basis. The patrol commander will be able to review this management information report on a monthly basis to assist in determining the allocation, scheduling, and management of resources for the patrol function. The current assignment to the patrol function is eight police officers and four sergeants. The sergeants report directly to the police lieutenant, also known as the patrol commander. There are no police officers available for assignment as patrol relief when necessary. As stated earlier in this report, one sergeant is on extended injury leave and one police officer is ,off on maternity leave. The patrol force works a 3/12 schedule, Allocation of resources is one of the most critical topics facing law enforcement. This allocation in the Tiburon Police Department exists for three basic reasons: first, considerations of efficiency and economy; second, the responsibility of patrol for crime suppression, preventative patrol, and investigative efficiency; and third, the importance of morale in the patrol function and how it can, in turn, affect productivity. POST believes that each individual community must determine what level of police service is desired and the ability ofthe community to financially support this adopted level of service. The operating budget for the Town of Tiburon in FY 2003/2004 Was $6,377,712, The Police 7 Department portion of this budget was approximately 30 %. Numerous factors must be analyzed to determine the correct patrol allotment in Tiburon. The review of the Tiburon Police Department fiscal plan indicates an adopted Police Department budget in FY 2003/2004 of approximately $2,196,378. In order to establish parameters in the police patrol budget and make recommendations the following is recommended: · Conduct an analysis of existing personnel hours' availability determined by agency maturity for patrol personnel in the Tiburon Police Department. This analysis should be conducted every quarter, commencing with the beginning of the current fiscal year. The normal personnel hours' availability is projected at 2080 hours (52 weeks times 40 hours per week) per 12-month period. The Department must identify the number of productive work hours for the patrol function per authorized Full-Time Equivalent (FTE), in order to review deployment and scheduling practices. This analysis may indicate that a relief or rotating assigned shift (overfill or overlap) be developed on a monthly basis, the purpose of which would be to minimize the impact of overtime costs in the patrol function. An example of this availability schedule may include, but not be limited to the following analysis: Dependent on scheduled assignment, a quarterly review of the following data as it pertains to the Tiburon Police Department personnel assigned to the patrol function: · Days off (average number of hours) · Sick leave (based on true quarterly estimates and annual hours) · Vacation (based on annual accrual and assigned hours) · Training (based on current and projected training needs based on agency assessment) · Discipline (if it becomes an issue in patrol staffing) · On-duty injury (based on true quarterly estimates and annual history) · Time-offbenefits (based on past practices of Department and MOD) · Holiday in lieu (based on time off, overtime pay, or comp time accrual) · Compensatory time off (based on staffing, accrual, and constraints in the current MOD) Agency-specific needs of the Tiburon Police Department may provide miscellaneous categories not mentioned above that may include, but not be limited to the following: · Family or medical leave · Extended training requirements beyond the identified training needs assessment · Other categories specific to the Tiburon Police Department The purpose of this review is to establish an ability in the Department to move to overfill/overlap a position or positions when certain critical hours of non-availability become apparent. 8 An example of how this model may be developed utilizing an 12-hour workday could be as follows: Days Off 26 weeks x 3 = 78 x12 hours per day = 2184 hours 26 weeks x 4 = 104 x 12 hours per day Sick Leave 8 days @ 12 hours per day = 96 hours Vacation 10 days @ 12 hours per day 120 hours Training 10 days @ 12 hours per day = 120 hours Total 2520 hours not available One patrol 12-hour shift x 365 days per year requires 4,380 production hours. 4,380 hours required - 2,520 hours not available 1,860 production hours 4,380 1,860 = 2.4 officers per shift x 2 shifts requires 4.8 officers per 24-hour shift assignment The following examples show how the number of officers needed can change as availability factors change: 4,380 hours required - 2,620 hours not available 1,760 production hours 4,380 1,760 = 2.5 officers per shift x 2 shifts requires 5.0 officers per 24-hour shift assignment 4,380 hours required -'2720 hours not available 1,620 production hours 4380 1,620 = 2.7 officers per shift x 2 shifts requires 5.4 officersper 24-hour shift assignment 4,380 hours required - 2,820 hours not available 1,520 production hours 4,380 1,560 == 2.8 officers per shift x 2 shifts requires 5.6 officers per 24~hour shift assignment , A two-beat system with a staffing level of 4.8 officers per assignment would require 9.6 officers, a staffing level of 5.0 would require 10 officers, a staffing level of 5.4 would require 10.8 officers, and a staffing level of 5.6 would require 11.2 officers. Please keep in mind that these numbers only reflect the police officer positions assigned to the patrol force and do not include any supervisory positions. Currently, eight police officer positions are assigned to the patrol force. After calculating the number of officers required to properly staff the patrol force, the department may want to re-evaluate work schedules or modify the number of police officers assigned to patroL 9 A change to the above formula may apply ifor when a variety of scheduling proposals are evaluated.. Shift, team, or individual assignment to a modified schedule may change the staffing level if a 5/8, 9/80, IO-hour, or II-hour workday was implemented. The above analysis is for two shifts per 24-hour day (14 shifts to be covered per week) and would indicate the minimum number of officers required to police the Town of Tiburon on a 24-hour-a-day basis. This example is representative of the 3/12 work schedule now used by the patrol function. The actual non-available time for Tiburon should be used to calculate exact requirements for staffing the Tiburon Police Department's patrol force. . Review existing deployment schedule by hours to determine policing priorities. After reviewing the existing patrol schedule once the minimum staffing hours requirement is established, it may be advantageous for the Tiburon Police Department to implement a variety of scheduling approaches for the patrol function when staffing becomes adversely affected by events such as: . Non-ability to recruit and maintain minimum staffing levels required by staffing analysis. Unforeseen issues that affect staffing levels, both short- and long-term, relating to on-duty injuries or other significant categories. Unforeseen special events that require staffmg levels to generate numerous work- hour requirements above the 12-hour staffing level. . . The Tiburon Police Department must manage a limited patrol function in the face of essentially unlimited demands. One part of the solution is effective resource allocation and the determination of how many officers should be assigned to the patrol function by day of the week, hour of the day, and geographical area of the Town. Although there are no universal standards, a review of the existing staffing and deployment trends in the Tiburon Police Department will assist in developing an effective patrol plan. . Establish a review of past practices on overtime spending. , We recommend the Department review expenditures of patrol spending. The review should include the past 24 months on a month-by-month basis and establish what variables occurred that changed spending patterns. The Tiburon Police Department should develop a comprehensive plan, in line-item format, for all patrol spending categories. The purpose of this review is to develop an ongoing monthly fiscal appropriation spending plan that identifies the amount and purpose of overtime spending for patrol personnel. Once the review is complete, the patrol commander should have the information needed to manage the patrol function, and specifically overtime expenditures. 10 ( Administration . Update the Department's Policy and Procedures Manual. A review of the Department's Policy and Procedures Manual revealed that many of the policies were in need of update or revision. We also learned that copies of the manual were available to officers for review at approximately five locations throughout the police facility. As a practice, officers are not routinely issued individual copies of the manual. During our review we learned that the Department was about to contract with a third party to have the manual revised and updated. Once the manual is ready to implement, we suggest that each police officer on the E>epartment receive an individual copy. By , order, each member issued a policy and procedures manual should be required to keep the manual current. In addition, officers should sign an acknowledgment that they have received, read, and understand each order provided. This document should include all updated orders and material, and should be maintained in each officer's training record/file. . Modify the format of the monthly report prepared for the Town Council. The Tiburon Police Department's Annual Report for 2003 was reviewed. This document was well presented and very detailed. While most of the report described the many facets of Department operations, we observed that a major section ofthe report provided details of most crimes reported in the Town during the year covered by the report. We recommend the Town Council be surveyed to determine if the amount of detail provided is required or desired by Council members. It appears the amount of time needed to prepare this report is significant. It may be more advantageous to streamline the report and use the saved time for other duties. . Develop a strategic plan to identify organizational goals and objectives and work plans or strategies to meet the future needs of the organization. (This recommendation would formalize the process currently in place.) Law enforcement planning for the Tiburon Police Department is usually identified as either tactical planning (short-term operational planning) or strategic planning (usually long-term, larger scale, futuristic planning). Strategic planning is a focus on the future with an objective of setting priorities forthe Department. There are several elements of strategic planning that relate specifically to law enforcement, including: · Management-for-Results Orientation - Requires planning participants to distance themselves somewhat from their daily duties and think about the larger picture, 11 · Organizational Review - Primary activities here are data gathering and analysis of relevant needs regarding technological issues, environmental concerns, economic impact, and political concerns. · Organizational Assessment Review - A determination of the organization's capabilities (strengths and weaknesses) in light of its existing mission. Resource assessment is conducted at this point with focus on the Department's competence and shortcomings. Successful law enforcement organizations seek to understand changes in their existing environment in order to develop contingencies for complex issues that can affect the total operation of police services in their community. This ability to understand can be greatly enhanced by strategic planning. It is critical to long-term success to implement a solid planning process. A strategic plan takes into account current and likely future changes in the policing discipline that could not have been foreseen with short-range planning techniques. A successful strategic planning process will ensure that the Tiburon Police Department's limited resources are correctly aligned to maximize their impact. The basis of a law enforcement strategic plan should inc1udethe following seven-step plan as a guide to implementation for the Department. Values Statement - This portion of the strategic plan should address the definition of the Tiburon Police Department, correctly identifying and communicating the Department's values. It establishes trust and confidence within the Department and allows the community to relate to the way the Department conducts business. The Department currently has a Values Statement that meets this requirement and is posted throughout the Department. A copy ofthe Department's value statement is found in AppendixD. Vision of the Department - This is the view from the executive level of the department (Chiefs perspective) where the organization can see and relate to the larger picture, From this level the Tiburon Police Department should be able to look and see the overall landscape well enough to reveal majorobstac1es and opportunities to such an extent that a vision of where the Departmentis headed in the next three to five years can be established. Mission Statement - Although members of the Tiburon Police Department acknowledged that a current mission statement does exist, several members interviewed where unsure or unaware of the mission statement being communicated to all members and functions within the Department. A superior mission statement is inspirational, easily understood, and descriptive of the collaborative goals and objectives of the department. This, along with the above steps, should be reviewed by a cross-section of Department personnel every few years. Many Department members were not employed by the Department when the last planning process was completed. Participation by representatives of all Department stakeholders is critical for the staff to buy into and be committed to the mission. A copy of the Department's mission statement is found in Appendix E. 12 Environment - This is more finely focused than the vision, This portion of the plan honestly views the law enforcement profession and competitive situation of the Department. The goal is to interpret current information, to spot trends, and to determine how and what conditions are likely to change in the next three to five yeats in the City of Tiburon. Strategic Focus Areas - It is here that all previous sections are synthesized into focus areas that maximize the success potential of the Department. This section takes into account how the department conducts its business, its strengths and weaknesses, and its likely future competitive landscape, and identifies and prioritizes a list of four to seven key strategic focus areas. Review and Update - The management staff should agree on the frequency with which the strategic plan will be revised and updated and ensure that future time is set aside for review and revision. (An annual review is recommended, staff time permitting.) Tactics/Action Items - This section takes full advantage of a good planning session by laying out specific actionable and. measurable objectives for department management that flow directly from the strategic plan. In addition, key elements to successful strategic planning include the following recommendations. The strategic planning sessions should be conducted off-site to avoid interruptions. The planning sessions should include the Chief, middle management, and personnel representing a vertical slice of the organization of the department. · The planning group should be kept manageable in size; preferably no larger than 6 to lO people. · Begin each planning process meeting with an endorsement from the Chief of Police that emphasizes the importance and value of the strategic planning process, · Ifpossib1e, an outside facilitator should be used to maintain flow and objectivity of the process. Weare aware that the management of the Department attended a team building workshop while this study was in progress. The agency is eligible to apply for these workshops every other year. We would suggest that the next team building workshop be used for reviewing and further developing the Department's planning process. 13 SUMMARY OF RECOMMENDATIONS Oreanization and Staffine . Reclassify the police lieutenant position to that of police captain. Develop a new job description for the position. . Conduct department-wide staff meetings two to four times a year. . Rebuild the Department's Reserve Program. . Staff the investigator position with a police officer rank. Analvsis of Patrol Staffine . Conduct an analysis of existing personnel hours' availability determined by agency maturity for patrol personnel in the Tiburon Police Department. . Review existing deployment schedule by hours to determine policing priorities. . Establish a review of past practices on overtime spending. Administration . Update the Department's Policy and Procedures Manual. . Modify the format of the monthly report prepared for the Town Council. . Develop a strategic plan to identify organizational goals and objectives and work plans or strategies to meet the future needs of the organization. 14 Appendix A -t - to C ;:;c o Z "'0 o r- - () m c m "'0 )> ;:;c -t s: m z -t "'t] .., (I) en (I) :::s - o .., co s:u :::s N" s:u :t- o :::s s:u ("') :::J'" s:u ~ ("') J: ffi " o " " o r (') m :;- < C1l l!!. <C. !!t O' :J (J) C1l o m iil -< " ~ 2- r (ii' c: lii :J \l) ::l. ;:0 C1l " (fl \l) <D~ :;: 0 C1l - Og' 3l:g o 0 ~ ;:I. 'O(J) III <D '<ca (J)<D ::rill Za 'O(J) III <D '<ca (J)<D ::rill a::l. m ~ (J) :J <D :r~ CO C1l (J)1lI ::r::l. a m ~(J) 5.~ CO C1l (J)1lI ::r::l. a " !!t 2- o :ll ~. " ~ 2- o 31 o ~ " !!t 2- o 31 ~ " ~ 2- o 31 o ~ " ~ 2- o 31 ~ " ~ 2- o :ll ~. " ~ 2- o 31 ~ -0 ~s: a g. -0 o~ -..S! =no @ro ~ -0 Q. }> ~. a:(J) CD C1l :;: 0' C1l -0 Q. o' }>C1l a:g' :;: ~' -=0 ~ ~'}> ~. b-.Q.:(J) 3 C1l CD CD :;: - @" ( , )> ~ 0 CL -. Cll () 0 3 ~;:o ~ I (jj -0 0(") OJ 0 () < -' en Cll 0 _ 0 0.., ,:::r" c: :;j -. 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In" ui" 0 5"::) ::J;:4. -, E:. taO )> :;j 3 - n -0 -, (Q c: 3 0 3' 0) :::l:l g Cll i?l ' 3 ~ 9!. ~ Cll 3 Cll 0' O>:;j -. Cll :;j CL:;j :;j ~. g a - en..- c.n o m- ~ ~ )> Cll -o:;j _. < 0_, ....,-0 c:<::J <::J 3 0) -, Cll - Cll Cll ~ ;::l. <:l:;j Cll=r ~Cll o 3 3 - :;j 0' S,:;j ,-, 0 0> - Cll 0) '<Cll ~-< :;jCll ::E:;j ::J ....- - (") n - Cll Cll -0 (") ~ () -. -000 ,:;j 0> Cll () 0::1. 3 ~ -. Iii =-0 cri::1, = Cll 3 ;:0 ~ - g-)> :;j 3 Q. ~ c: )> o::C 0> (j) g Cll ~ ~:1, ^:;j ~ g ::J -.< ~ ::J Q;:o o Cll O-CJ) -, Cll :;j :< 0) Cll Q Cf) OJ ->. to 00 G) Cll :;j Cll OJ Q ~ OJ 3l n s:: c: :1, () o CL Cll ;:o() Cll 0 <:l c: o :;j ;::l.g, < o E :;j ro ~ CJ) -0 a ;:00 <:l Cll C Cll n_ ;::l. 0 () '< <0 ;:0 Cll CJ) o -<_ o 3 -0 0) '< g -0)> 0> 8 '< 0 0> c: O-:;j CDur " o 3 CJ) () o ~ ~ ~ OJ 3l n Cf) 0) CD' -< Q a o' :;j CJ) " a ~ o 3l 16 )>;:0 g.~ _. 0 < ~ Cll a.. CJ) ~ () 0 == OJ~)> ~(j)I=o>ar - CJ ::;" c:r -, -<0) (Q~3 - Cll 0) __ " a ~ o 3l n Cll c () ;:0 Cf) Iii en w >< C-n () 0> 0- CJ) "Q21 O:::lo- 3~g Appendix C ~, " -t - OJ C ;0 o z -c o r (") m CJ m -c )> ;0 -t S m z -t "'U ""I o '" o (J) CD C. o ""I co D) = N' D) !:!: o = D) (") ::r D) ~ $'iJ <II Ql <1l '" :< Q. <1l CIl 0<= 3lil hl 0 ~ ;:+ <II 'OCIl Ql <1l '< ~ (Q CIl<1l ~Ql ~;:t - 5. ~ 2J 2J iJ iJ C% iJ= = Ql Ql <II ~?hl )>lil a a g. &a.cn c::iC/) - - Q) 3 <1l <1l <1l <1l 0 0 o' CD:< :< 31 31 ::l ~ 0' -, hl lil ro @ ~ ~ (") iJ ~ 'OCIl ~ m mro a ~ '<~ - 0 CIl <1l (") " ~Ql Ql _::> ~ iJ 3- W 0 - r l] iJ iJ :::l n ~ & a m )>CD Q. ~ aCll 0 0 ~ 31 :!l CIl -, hl lil <1l hl ~ ~ (') ro ~ W m ~ < CIl ~ CD :5" cO (Q m CIl~ ~ - ;:ii iJ iJ ~ ~ ~ ~ ~ Q. S!- o 0 31 31 @@. m <CIl ~ CD s.ca (QCD CIlQl ~3. ;:ii iJ '1J ~ Ql s: Ql ~o ~ o - 0 -0 - 00 0 3l~ 31 hl CD lil ~ ~ Appendix D . TIBURON POLICEDEP ARTMENT DEP ART:MENT MISSION Promotion and maintenance of public safety and order urider law. DEPARTMENT OBJECTIVES Crime Prevention To minimize the occurrence of crime. Crime Control To maximize police knowledge of crime; successfully close reported crimes; maximize adherence to constitutional safeguards, present all relevant facts to, and participate as required in, the judicial process; and to recover and return crime-related stolen property. Conflict Resolution To minimize disorder resulting from interpersonal and intergroup conflict and from personal stress and disorganization, subsequent to police intervention. Services To maximize the level and quality of those police services authorized or required by Federal, State, and/or local governments provided to the community and/or local government. Facilitation/Support To maximize the achievement of those objectives which facilitate the fulfillment of the primary responsibilities of the police and their parent government. . Appendix E UKGANIZA'110NAL V ALUb~ TIBURON POLICE DEPARTl\I1ENT We of the TiburonPolice Department recognize our contribution to the quality of life and a safe environment in our community through the provision of professional law enforcement services, We will meet the challenge of providing these servfces by basing our thoughts and actions on the following shared values as the foundation of our organization: SERVICE TO OUR COMMUNITY We value the opportunity to provide fair, courteous, responsive and effective law enforcement in order to continually improve the quality of life of the community. We value the members of our community as partners and indispensable resources in a combined policing effort. INTEGRITY We value candor, honesty, and ethical behavior in the members of our department. We are committed to uphold our positions of trust by maintaining the highest ethical standards as set forth in the Code of Professional Conduct for California Peace Officers and the Law Enforcement Code of Ethics. RESPECT FOR DIVERSITY We are aware of and value Human Diversity. Weare committed to ensure that persons are not discriminated against because of race, religion, culture, disability, gender or sexual orientation. RESPONSIBILITY and ACCOUNTABILITY We value and accept the full scope of our responsibilities and are accountable for our own actions -- being willing to admit our errors and learn from them. We have a responsibility to the department, community, and our profession to ensure our behavior earns their support and trust. We will make IJUl?cimum effective use of resources and demonstrate fiscal responsibility. PROFESSIONALISM We value the spirit of professionalism, having a clear sense of commitment, perspective and direction through constant se1f-evaluation, Our professionalism is reflected by our demeanor, personal and organizational competence and excellence in caring for our community. We are 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 aclrnowledge and appreciate commitment to quality performance and recognize the accomplismnents 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. EXHIBIT NO. :J--- TOWN OF TIBURON February 2005 POLICE CAPTAIN , DEFINITION Under general supervision, to plan, direct and coordinate the law enforcement activities of the Town; to provide highly responsible and technical staff assistance to the Chief of Police. SUPERVISION RECEIVED AND EXERCISED Administrative direction is provided by the Chief of Police. Responsibilities include direct supervision of professional, technical and clerical personnel in the Police Department. EXAMPLES OF DUTIES . Plans, directs and coordinates the activities of Police Department personnel in preserving order, protecting life and property, and in enforcing laws and municipal ordinances. . Helps establish procedures and directs compliance with procedures. . Prepares work schedule for all department patrol, support and administrative personnel. . Evaluates personnel and equipment needs and submits annual budget requests. . Coordinates activities of the department with other law enforcement agencies. . Evaluates the performance of personnel and directs the training. . Reviews crime reports and directs the investigation of crimes. . Confers with the Chief of Police and other members of Staff on general departmental polices. . Receives handles and investigates citizen complaints/inquiries about police activities and recommends appropriate action to the Chief of Police. . Prepares annual report for the Town Council and the public summarizing the Department's personnel, operations and critical events for the year. . Coordinates all Emergency Operation Services for the Town of Tiburon. Page 31 I TOWN OF TIBURON Captain (Continued) . Assists the Town IT Coordinator with the Department's computer systems and the web site. . Participates as a member of the Town of Tiburon's Traffic Safety Committee which makes recommendations to the Town Council regarding traffic safety issue in the Town. . Prepares the agenda and conducts monthly staff meetings for the Department's administrative staff ( . Acts for the Chief during his/her absence or at his/her direction. . Performs related duties as assigned. QUALIFICATIONS Knowledae of: . Modern principles, practices and techniques of police administration, organization and operation. . Technical and administrative phases of crime prevention and law enforcement, including investigation and identification, patrol, traffic control, records management, and care and custody of persons and property. . Laws, ordinances and regulations affecting the work of the Department. . Principles of budgeting. Abilitv to: . Communicate clearly and concisely, orally and in writing. . Plan, direct, supervise and coordinate the work of the Police Department. . Develop and administer sound departmental policies. Page 41 .1 TOWN OF TIBURON Captain (Continued) . Properly interpret and make decisions in accordance with laws, regulations and policies. Experience and Education Five (5) years of police work, at least one (1) year of which must be of increasingly responsible supervisory experience. Equivalent to an Associates of Arts degree from an accredited college with major work in public administration, police administration or a closely related field is required. A Bachelor~ degree or completion of the POST Sherman Block Supervisory Institute is, highly desirable. Licenses Possession of a valid California Class C drivers license and a satisfactory driving record obtained from the Department of Motor Vehicles. Certification Possession of the Peace Officer Standard and Training (POST) Management Certificate. Phvsical Demands The physical demands and working environment described here are representative of those that must be met by an employee to successfully perform the essential functions of this position. While performing the duties of this job the employee is frequently required to sit and talk or hear, stand and/or walk; use hands to finger coordination; handle, or operate mechanical objects, controls, or tools; reach with hands and arms; climb or balance; stoop; kneel, crouch, or crawl; and taste or smell. The employee may occasionally be required to lift and/or move more than 100 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust and focus. EXHIBIT NO. ,,3 TOWN OF TIBURON January 2001 POLICE LIEUTENANT DEFINITION Under general supervision, to plan, direct and coordinate the law enforcement activities of the Town; to provide highly responsible and technical staff assistance to the Chief of Police. SUPERVISION RECEIVED AND EXERCISED Administrative direction is provided by the Chief of Police. Responsibilities include direct supervision of professional, technical and clerical personnel in the Police Department. EXAMPLES OF DUTIES . Plans, directs and coordinates the activities of Police Department personnel in preserving order, protecting life and property, and in enforcing laws and municipal ordinances. · Helps establish procedures and directs compliance with procedures. · Evaluates the performance of personnel and directs the training. · Evaluates personnel and equipment needs and submits annual budget requests. · Coordinates activities of the department with other law enforcement agencies. · Investigates citizen complaints against department personnel and recommends appropriate action. . Reviews crime reports and directs the investigation of crimes. . Confers with the Chief of Police and other members of Staff on general departmental policies. . Acts for the Chief during his/her absence or at his/her direction. · Performs related duties as assigned. TOWN OF TIBURON Page 2 Lieutenant (Continued) QUALIFICATIONS Knowledae of: . Modern principles, practices and techniques of police administration, organization and operation. . Technical and administrative phases of crime prevention and law enforcement, including investigation and identification, patrol, traffic control, records management, and care and custody of persons and property. . Laws, ordinances and regulations affecting the work of the Department. · Principles of budgeting. Ability to: . Communicate clearly and concisely, orally and in writing. . Plan, direct, supervise and coordinate the work of the Police Department. . Develop and administer sound departmental policies. . Properly interpret and make decisions in accordance with laws, regulations and policies. Experience and Education Five (5) years of police work, at least one (1) year of which must be of increasingly responsible supervisory experience. Equivalent to an Associates of Arts degree from an accredited college with major work in public administrati0n, police administration or a closely related field, a Bachelors degree is highly desirable. . Town of Tiburon STAFF REPORT 4 AGENDA ITEM . . . . . . . . . . . . . 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 Mayor & Members of the Town Council Pat Echols, Director of Public Worksl Town Engineer ft:- Approve Plans for Permanent Restroom Adjacent to South of Knoll Playground MEETING DATE: March 2, 2005 TO: FROM: SUBJECT: 11 11 11 11 11 11 11 " 11 .. 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 BACKGROUND & DISCUSSION The Town Council approved the concept design for a permanent restroom near the South of Knoll Park, replacing the existing portable restroom along the Multi-Use Path. The new facility will be a pre-engineered structure manufactured by Romtec, Inc. The restroom will be constructed adjacent to the South of Knoll playground as depicted on the project plans (Exhibit 1) and photo rendering (Exhibit 2) prepared by staff. . The project was not included in the adopted fiscal year 2004-2005 Capital Improvement Program budget The engineer's construction cost estimate for the facility is $45,000 and will require a budget amendment of $50,000 (to cover contingencies and landscaping costs). ' RECOMMENDATION It is recommended that the Town Council 1. Approve the project plans for a permanent restroom facility and direct staff to solicit contractor bids. 2. Approve budget amendment of $50,000 from the Parks In-Lieu fund. EXHIBITS 1. Project plans 2. Photo rendering . . , \= 0 f, _ TIIJ ~. .~r~~ > "v"o:__ "7'-''0 t"''''A' "', " _;' , ;...0. .'" oR~'A ,~c:.. ~. I . 2/24/2005 1012 Town of Tiburon STAFF REPORT AGENDA ITEM 4 . . . I. . . . . . . . . . . . . . I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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TO: MAYOR BERGER AND MEMBERS OF THE TOWN COUNCIL FROM: TOWN CLERK DIANE CRANE IACOPI APPOINTMENTS TO TOWN BOARDS, COMMISSIONS &~,ITTEES March 2, 2004 REVIEWED BY: . .. .. . . . .. . .. . . .. . . . .. . .. . . . .. . .. . .. .. .. .. . .. . .. . .. . . . "I SUBJECT: MEETING DATE: BACKGROUND A) Reappointment of Commissioners whose terms expired on 2/28/05 The following board or commission members' terms expired at the end of February and were duly noticed subject to the Town's appointment process: . Parks & Open Space Commission - Michael McMullen . Design Review Board - Mike Figour . Heritage & Arts Commission - Andrea Morgan Both Mr. Figour and Ms. Morgan informed the Town that they did not seek reappointment due to other commitments. Town Staff has contacted Commissioner McMullen to determine whether he seeks reappointment; he has not responded as of the date of this report. No applications have been received to date to fill these vacancies. B) Reappointment of Commissioners who have served less than two years Pursuant to Town Council Resolution No. 3263 [Appointments Procedure]. the Town Council can reappoint any board or commission member whose term is set to expire in any given year as long as they have served less than two years and have indicated their interest in writing to the Town. The terms of the following two board and commission members either expired at the end of February or will expire (in the case of the Library Board) in 2005; both have expressed interest in continuing to serve on their respective boards and commissions . Planning Commission - John Kunzweiler . Belvedere-Tiburon Library Board of Directors - Mary Falk Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C) Unscheduled Vacancies on Town Boards, Commissions and Committees In addition to the above vacancies (Figour and Morgan), there are two more unscheduled vacancies (due to resignation) on Town boards and commissions which the Council must fill: . Heritage & Arts Commission - Meg Winther Abbott . Planning Commission - Jim Hermann ANAL YSIS The Council has the following options under its policy (Resolution No. 3263): . the Town Council can reapooint any board of commission member who has served less than a two-year term automatically; . the Town Council can appoint a previous applicant or existing boardmember to fill an existing vacancy on any board or commission without re-interviewing that applicant or boardmember; . the Town Council can make interim appointments to fill an existing vacancy. . RECOMMENDATION A) That the Council, by Motion, reappoint Planning Commissioner Kunzweiler and library Boardmember Falk, who have served less than two years and seek another term; B) That the Council, by Motion, reappoint Parks & Open Space Commissioner Michael McMullen (if he has notified the Town by the date of this Council meeting of his interest in continuing to serve); C) That the Council, by Motion, appoint Design Review Boardmember Mike Figour to serve on an interim basis until the position is filled (Mr. Figour has volunteered to "hold over" for an indefinite time, if needed); D) That the Council solicit applications for the remaining vacancies on the Town's Planning Commmission, Design Review Board and Heritage & Arts Commission, and direct the Town Clerk to continue advertising for these positions. H:DcraneIWpdocslBoardsl2005 Appointments Staff Report,doc . February 24, 200~ page 2 of 2 STAFF REPORT AGENDA ITEM (p , ..-:.~ I" Town of Tiburon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . MEETING DATE: MAYOR AND MEMBERS OF THE TOWN COUNCIL DANIEL M. WATROUS, PLANNING MANAGER 79 ROUND HILL ROAD; ADOPTION OF RESOLUTION MEMORIALIZING THE PARTIAL GRANTING OF AN APPEAL OF DESIGN REVIEW BOARD DECISION TO APPROVE A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR THE COri. . UCTION OF A SINGLE-FAMILY DWELLING , MARCH 2, 2005 REVIEWED BY: TO: FROM: SUBJECT: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUMMARY On November 3, 2004, the Town Council held a public hearing on the appeal of the Design Review Board's decision to approve a Site Plan and Architectural Review application to construct a single-family dwelling on property located at 79 Round Hill Road. At that meeting, the Town Council voted (4-1) to direct Staff to prepare a resolution partially granting the appeal, subject to conditions of approval. The draft resolution has been prepared and is attached. The Town Council imposed a condition of approval on the application requiring that tree trimming and/or removal be performed to create a slot view or "window" from the appellants' home below the site of the house to be constructed on the subject property, with Planning Division Staff to determine the appropriate work to be done in conjunction with an arborist. Staff has reviewed the area in question on the site and has determined that the desired window can likely be created with the removal of two oak trees. It should be noted that the trees identified by the Town Council to be windowed, as well as the other trees unlawfully trimmed by the / appellants, are not situated on the subject property, but are instead located on the vacant lot at 77 Round Hill Road which is also owned by the applicants. The Town Council considered the draft resolution at its November 17,2004 meeting. At that time, the applicant expressed concern over the proposed tree trimming condition of approval, and asked for additional time to consider this requirement. Staff has met with the applicant's representative several times since that meeting, but is unsure at this time whether or not the applicant will accept this condition of approval. RECOMMENDATION Adopt the attached resolution partially granting the appeal. EXHIBITS 1. Draft resolution H:dwatrouslreportsrrC704119.appeaI3.doc RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PARTIALLY GRANTING AN APPEAL BY CHARLES AND DALE SOFNAS OF THE APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR PROPERTY LOCATED AT 79 ROUND HILL ROAD WHEREAS, on September 16, 2004, the Design Review Board held a public hearing to consider the approval of a Site Plan and Architectural Review application for the construction of a single-family dwelling on property located at 79 Round Hill Road, proposed by Carl Weissensee . and Ron Oznowicz ("Applicants"); and; WHEREAS, at that hearing, the Applicants presented revised plans that slightly reduced the height of the proposed house from those plans that were submitted with the application. The . neighboring property owners at 75 Round Hill Road raised concerns over the potential view blockage that would be caused by the location of the proposed house, and the owner of the neighboring property at 85 Round Hill Road raised concerns about potential view impacts that could occur if the house location was moved uphill to address the view concerns from 75 Round Hill Road; and WHEREAS, after receiving public testimony, the Design Review Board expressed concerns that revised plans were submitted at such a late date, and the request was continued to the October 7, 2004 meeting to allow the applicant to formally submit the revised plans and modify the story poles for the project; and . WHEREAS, on October 7,2004, the Design Review Board held the continued public hearing, reviewed revised plans for the project, and heard additional public testimony from the property owner at 75 Round Hill Road again about potential view blockage; and testimony from the owner of 85 Round Hill Road about the potential view impacts that could be caused by an alternate house location, and about the location of the proposed house in relation to the future development of the other vacant lots at 77. and 81 Round Hill Road; and WHEREAS, after receiving public testimony,' the Design Review Board determined that the views across the subject property from the home at 75 Round Hill Road were "borrowed" views across undeveloped land, and that it would be unreasonable to force the owner of the proposed home, and the owner of any future home on the intervening lot at 77 Round Hill Road, to sacrifice a large portion of each lot to protect such a borrowed view; and WHEREAS, on October 7,2004, the Design Review Board voted (4-1) to conditionally approve this application; and WHEREAS, on October 15, 2004, the owners of the adjacent property at 75 Round Hill Road, Charles and Dale Sofnas ("Appellants"), filed an appeal of the Board's decision to approve the application for Site Plan and Architectural Review for 79 Round Hill Road; and . WHEREAS, on November 3,2004, the Town Council of the Town of Tiburon held a duly- noticed public hearing on the appeal; during which public testimony was heard regarding the proposed dwelling and the Design Review Board's review of the application; and TIBURON TOWN COUNCIL RESOLUTION NO. 312105 1 0.. ...~, " \\ WHEREAS, the evidence in the record indicated that Appellants' current view was largely the result of the trimming of trees and brush on the Applicants' property without the Applicants' permission and that had such trimming not occurred, the trees and brush would have blocked said view. Appellant Charles Sofnas acknowledged cutting the trees and did not assert that he had the Applicant's permission. The Town Council determined that views that are the result of unlawful action are not subject to the same protections given by the Tiburon Hillside Design Guidelines and the Guidelines for Site Plan and Architectural Review as views that have been lawfully obtained; and WHEREAS, the Council also noted that the Applicant's and Appellants' properties are relatively level with each other, and that protecting such lateral views is difficult without banning all or most development on the property within the viewshed, and that for this reason, the Tiburon Hillside Design Guidelines and the Guidelines for Site Plan and Architectural Review primarily address downhill views; and WHEREAS, after hearing all testimony and reviewing all documents in the record, the Town Council determined that although the proposed house design would be consistent with the Tiburon Hillside Design Guidelines and the Guidelines for Site Plan and Architectural Review, the trimming and/or removal of several trees under the control of the Applicants would help improve the long- term views across the subject property from the Appellants' home at 75 Round Hill Road. WHEREAS, based on the above findings, the Council determined to partially grant the appeal by the Appellants (a vote of 4-1), and add the following condition of approval to the Design Review Board's approval of the project: 15. The applicants shall trim and/or remove trees to create a window view for the property at 75 Round Hill Road. The amount of tree trimming and/or removal shall be determined by Planning Division Staff after consultation with an arborist hired by the applicants. The required tree trimming and/or removal shall be completed within thirty (30) days of the approval of this project. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon memorializes that the appeal of Charles and Dale Sofnas was partially granted on November 3, 2004, as set forth in this resolution. PASSED AND ADOPTED at a regular meeting of the Town Council on March 2, 2005, by the following vote: NOES: COUNCILMEMBERS: COUNCILMEMBERS: AYES: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON A TT!::ST: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. 3/2/05 2 """ March 2, 2005 Town of Tiburon Dan Watrous, Head Planner 1505 Tiburon Blvd. Tiburon, CA 94920 MORITZ ARBORICULTURAL CONSULTING VIEW ENHANCEMANT REPORT for the Tree Health Maintenance at 77 and 79 Round Hill Road Oak Trees PURPOSE The purpose of this report is to preserve the grove of heritage oak trees while creating an enhanced view along the view corridor created by unauthorized cutting of trees and shrubs on the 77 and 79 Round Hill property. TREES As expressed in Town policy this recommendation recognizes the importance of trees to the tree owner and to the community while creating an enhanced view for the view seeker (75 Round Hill Road). The prior proposal by the Town would result in the destruction ofthree mature, heritage coast live oak trees and increase the risk of damaging the grove. This proposal by Moritz Arboricultural Consulting will preserve the trees while providing views of the lagoon, Belvedere Island, Sausalito and W oltback Ridge. The Bay tree in the stand is diseased and declining, and must be removed to protect the other trees (See Figure 1). Two of the best specimen, mature oaks would be removed by the Town's plan. One additional heritage oak would be destroyed by the removal of the two specimen oaks. Figure 1: Trees proposed to be removed per site meeting with staff. The oaks would be preserved under this plan. Page 1 of 2 219 SHORELINE HIGHWAY MILL VALLEY CALIFORNIA 94941 PH 415 381 2339 FAX 415 381 2674 Page 2 (View Enhancement Report) CONCLUSIONS · The 75 Round Hill Road property did not have a view as defined in the ordinance. Any claimed view must be "pre-existing". · The 75 Round Hill Road property owner obtained his "view" by entering onto and altering "protected trees" without a permit and without permission from the tree owner. · The view ordinance does not recognize "views" created in the manner that the 75 Round Hill Road property owner obtained his view and he could not comply with the requirements of the view ordinance based on the evidence available to claim a view. · The 75 Round Hill Road property owner severely damaged the 77 and 79 Round Hill Road trees at issue with the unprofessional cutting he did to obtain his "view". He performed "stub cuts" of branches and trunks. He rendered the affected five mature protected oaks vulnerable to SOD by his actions. · The 75 Round Hill Road property owner removed at least eight (8) small oaks when he cleared a "view' corridor on the 77 and 79 Round Hill Road property. PROPOSAL Side and top trimming of two specimen oaks and removal of one oak that was mutilated by unauthorized cutting will not damage the grove or the trimmed trees, yet will create a view corridor that provides the majority of the sought after view. All work should be supervised by the consulting arborist. Consultmg Arborist Fire Ecologist Page 2 of 2 TREE FRIENDLY VIEW CORRIDOR