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Home My WebLink AboutTC Agenda 2019-07-17 - ; Tmv""' 01--T113L lzaZ \ Tiburon Town Council Tiburon Town Hull July 17,2019 �= 1505 Tiburon Bo<<levard Special Meeting—6:45 P.M. iburon, CA 94920 T Regular Meeting—7:30 P.M. . .__ TIBURON TOWN COUNCIL AGENDA SPECIAL_MEETING—6:45 P.M. CALL TO ORDER AND ROLL CALL Coulcilhnember Fraser,Councilmcmber Thier,Councilmcmber Wehner,Vice Mayor Fredericks, Mayor Kulik INTERVIEWS FOR VACANCIES ON TOWN BOARDS est COMMISSIONS • Larry Drew,Belvedere-Tiburon Library Agcncy Board of Trustees • Susan Wolfe,Belvedere-Tiburon Library Agency Board of Trustees • Leslie Lava,Belvedere-Tiburon Library Agency hoard of-f-rustees ADJOURNMENT— to regularmeeti g REGULAR MEETING —7:30 P.M. CALL TO ORDER AND ROLL CALL Councihnember Fraser,Couicihnember Thicr,Councilmcmber\Vehier,Vice;vMayor Freclericks, Mayor Kulik ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION,IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town COLmCI on subjects not on the agenda may do so at this time. Please note however, that the Town Council is notable to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission,hoard, Committee or staff for consideration or placed on a future Town Cotmcil meeting agenda., Please limit your comments to three (3)minutes. CONSENT CALENDAR All items on the Consent Calenclar may be approved by one motion of the Town Council unless a request is made by a member of the Town Cotmcil,public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please scelz recognition by the Nlayor and do so at this umc. CC-1. Town Council Minutes — Adopt minutes of Junc 5, 2019 special and regular meetings (Department of Adminisurativc Services) CC-2. Town Council Minutes — Adopt minutes of June 19, 2019 special and regular meetings Department of Achninistrative Services) CC-3. Municipal Code Amendments — Adopt amendments to Chapter 25 of the Tiburon Municipal Code relating to tuunanned aerial systems (UAS), or drone, operations in the Town of Tiburon (Department of Administrative Services) CCA Local Emergency — Adopt Resolution continuing the declaration of a local emergency related to clamagc caused by February 20119 storms(Office of the Town Manager) CC-5. Belvedere-Tiburon Library Expansion Project — Authorize a budget amenchnent in the amount of 5150.000 to make a contribution toward the library expansion project (Office of the l-o\vn Nlanaoer/Department of Administrative Services) CC-6, Grand Jury Response — Approvc Tmvn's response to Marin County Civil Grand Jury Report: Wild firc Prchan-cdncss:A Nciv Approach (Office of the Town Manager) CC-7. Management and Unrepresented Employees — Adopt Resolutions amending management and unrepresented employee recognition and incentive compensation programs for FY 2019-20 (Department of Achninistrative Services) CC-8. Investment Summary — Adopt investment summary for month ending May 30, 2019 (Dcparnnent of Administrative Services) CC-9. Letter of Support for Golden Gate Ferry—Ratify Mayor's signature on letter of support for the Golden Gatc Fridge, Highway and Transportation District's application for federal grant funds for the purchase of a new high-speed ferry (Office of the Town Manager) PUBLIC HEARINGS PH-1. 2000 Paradise Drive—Consider encroachment permit application by Caprice Restaurant for the use of a portion of the public parking lot at the intersection of Paradise Drive and Mar West Street as a drop off and pick up valet service location (Department of Public\Works) P11-2. 5 Main Strect—Consider encroachment permit application by Mina TPD Restaurant for the use of a portion of an existing loading and unloading zone on Paradise Drive as a drop off and pick up "dCC service 1"'-Hon M--rt.......t Of Dul-lie A,A;ork ) TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • 1OW11 CounCil \,Vccl:ly Digests—Junc 20 k 28.and July 5 12,2019 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior- to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Behvedcre-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.townoftiburon.org. 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 Totivn Council attempts to hear all items in order as stated on the agenda, it reserves the right to take itcm�, out of order. No set times are assigned to items appearing on the Town Council aocnda. LESLIE M. LAVA 11 MATH-)DRIVE-1 TIBURON,CA LI FORM,%94920 Tm.Eu,jjom:: (415)331-6464 EMAIL.: Ilavala,'p cbell.net June3, 2019 Via Hand Delivel�� Ms. Lea Stefani Town Clerk Town of"Tiburon 1505 Tiburon Blvd. Tiburon,CA 94920 Re: A lication for Belvedere Tiburoq 11brary ngepcy I3oard Tear Ms. Stefflnl: Please find enclosed my application to serve on the Belvedere Tiburon Library Agency Board. Also enclosed is a Statement of(qualifications. If you have any questions regarding the foregoing or if you need any additional information,please contact me. Thank you for your assistance. Very truly yours„ Leslie M. Lava LML:rl enclosures 2 p 1 505 Tiburon; Blvd., Tiburon, CA 94928 r Istefani@townoftiburon.org 41.5.435.7377 TOWN OF TIBURON COMMISSION BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and speciai skills or experience which would be 1_ . . i__ T_...._ 1_.. 1 L J L..�.-:.-_. '1 1., T_ Hall '1L beneficial to the rdwn, uy completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk Full Name: Leslie M. Lava Date: June 3, 2019 Please indicate your areas of interest in numerical order: Planning Commission Parks, Open Space & Trails Comm. Design Review Board _ Bel-Tib Joint Recreation Board Heritage & Arts Commission __ _ Disaster Advisory Council Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board Address: 11 Mateo Drive Street Address Apartment/Unit# Tiburon, California 94920 City State ZIP Code Phone: 415-331 -6464 Email: flava@pacbell.net As a 27-year resident of Tiburon, I have enjoyed over the years actively using the Library and participating in its many programs, including "Read to a Dog", in which three generations of my dogs were read some great books by children in the Children's Library. I would now like to apply my special expertise described below to assist this important Tiburon treasure during the upcoming critical phases of its expansion project. ME 0 . � @ M=1 & 6 MMM 9 n� 8 am an attorney who has specialized in municipal finance for the last 38 years (see the accompanying Statement of Qualifications). While working on over 620 financings aggregating in excess of$74 billion, I performed the necessary due diligence in order to deliver an unqualified tax exemption opinion, to ensure the appropriate expenditure of bond proceeds and/or to confirm the viability of the project. This necessitated reviewing detailed expenditure reports, ongoing financial statements and project plans, and asking the right questions. Since 2015 1 have also applied this expertise in my role as Chair of the Marin Healthcare District Bond Oversight Committee. In this position I have reviewed the District's expenditure reports relating to the use of$394 million bond proceeds to ensure compliance with Measure F, the authorizing bond legislation, for Marin General Hospital's replacement project. This invaluable legal, financial and due diligence expertise I would also bring to the Library Board. Thank you for your consideration. Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. LE'SLIE A LAVA, EsQ. 1 I MATED DRIVE, TIBURON,CALIFORNIA 94920 TPAYPHON1,: (415)435-3003 CELL,PHONL: (415)331-6464 EMAIL: Ilava(c ai llaiet STATEMENT OF QUALIFICATIONS—June 1, 2019 Pi-ofessional Employment Sole Proprietor, Law Offices of Leslie M. Lava, 1990 to present. Associate, Brown & Wood (now called Sidley Austin), San Francisco, California, 1984 to 1988,New York,New York, 1988 to 1990. Associate, Chapman and Cutler, Chicago, Illinois, 1981 to 1983. Professional Kypet•ience Extensive experience in the field of public finance having served as the lead attorney on approximately 620 financings aggregating in excess of $74 billion in principal amount, which included serving as bond counsel, disclosure counsel, issuer's counsel, underwriter's counsel, trustee's counsel and special counsel on taxable and tax-exempt financings and related matters ('or the State of California, municipalities. for profits and nonprofits. These transactions financed projects for general municipal purposes, all types of health care, educational and solid waste disposal facilities, water and wastewater systems, public power facilities, assessment districts, airports, seaports and zoos. Duties included negotiating, structuring and processing all stages of publicly and privately placed municipal financings. including analyzing the borrower's capital needs, addressing tax, due diligence and other Icgal concerns, negotiating contracts and complying with securities, tax, contract and commercial laws. Representative bond counsel clients included the State of California, the State Public Works Board of the State of California, the California Educational Facilities Authority, the California Health Facilities Financing Authority. the California Pollution Control ,Financing Authority, the City and County of San I'rancisco, the Cities of Monterey, Napa, Reno, San .lose and Vallejo, Alameda County. the City of San Gose financing Authority, the Parking Authority of the City and County of San Francisco, the Public Utilities Commission of the City and County of San Francisco, the Redevelopment Agency of the City and County of San Francisco, the Redevelopment Agency of the City of S,.in Jose, the San Francisco Airport Commission. and the San Jose-Santa Clara Clean Water Financing Authority. Representative underwriter's counsel clients included Bear, Stearns & Co. Inc., Goldman, Sachs & Co., JP Morgan & Co., Lehman Brothers, lvlerrill Lynch & Co., Morgan Stanley & Co. Incorporated, John Nuveen & Co. Incorporated, UBS Financial Services Inc., Prager & Sealy, Westhoff, Cone & I--lolmstedt and Ziegler Securities. Other clients include the Richmond Redevelopment Agency, the State of California Auditor's Office, the Office of Statewide Health Planning and Development of the State of California, the ABAG Finance Authority for Nonprofit Corporations, ABAG Finance Corporation, I31' West Coast IProducts LLC, Calpine Corporation and its subsidiaries, the City of Fresno, California, Chemical Trust Company of California and National Consumer Cooperative Bank. Also served as special issuer's counsel to the California Educational Facilities Authority, the California Health Facilities Financing Authority, the California Pollution Control Financing Authority and the California Infrastructure and Economic Development Bank and is a member of the California State Treasurer's Office Bond Counsel Pool. Details regarding these financings and references are available upon request. Biographical Information Education University of Florida College of Law, Gainesville, Florida, J.D., with honors. Vanderbilt University, Nashville, Tennessee, B.A., magna cum laude. Majors: psychology and political science. Honors Marin County Volunteer of the Week for March 24. 2012. Outstanding Minority Enterprise of the Year - Service Category, 1995. Member of Order of the Coif, Phi Beta Kappa, University of Florida L,aw Review, Phi Kappa Phi. Pi Sigma Alpha, Mortar Board and Athenians. Bar A(Imissions California Florida District of Columbia Illinois Board Memberships anal Board Committees Board of Directors, Marin Shakespeare Committee. 2018 to 2019. Board of Directors, San Francisco Zoological Society, 2004 to 2009. Co-Chair, Government and Community Relations Committee, San Francisco Zoological 2 Society, 2004 to 2005. Board of Directors, The San Francisco SPCA, 2002 to 2007. Board of Directors, The Dolphin Institute, 1997 to 2001. Other Volunteer Aetivities Chair, Citizens Bond Oversight Committee of the Marin IIealthcare District, 2015 to present. Member, Koala Clancy Foundation, Melbourne, Australia, 2017 to present. Alumni Interviewer, Vanderbilt University, 2005 to present. Owner and General Counsel, San Rafael Pacifies Baseball Team, 2017 to 2019. Volunteer, Animal Assisted Therapy and Book Reading, SHARF; (Special Human- Animal Rciationships) Program, Marin Humane Society, 2007 to 2017. Volunteer, San Quentin State Prison, Recreation and Education Departments, 2009 to 2016 (brown card holder, 2010 to 2016). Volunteer, Animal Assisted Therapy Program, Delta Society, 2008 to 2012. Vohntecr, Animal Assisted Therapy Program, The San Francisco SPCA, 1997 to 2008. Member, Debt 'Technical Advisory Committee of the California Debt and Investment Advisory Commission, 2000 to 2005. Member, Old Mint Task Force, appointed by Mayor Willie Brown, 2001 to 2003. Fxccutive Committee_ 2001 San Francisco Mayor's Summit for Women. t!'xecutive Committee and Co-Chair, Finance Committee, 2000 San Francisco Mayor's SUmmlt IOr Women. Steering Committee and Finance Committee, 1999 San Francisco Mayor's SUmmlt for Women and 1998 San Francisco Mayor's Summit for Women. 3 JUN 1 i 2W9 .I O x Tiburon s oti'L n € ii.. 1505 Tiburon 3 l3d l.Air °.in y --TRA _E_K OWN OF TIBIJRON *2 Paradise Drive, Tiburon, CA 94920 T: C 415-846-5665 RE: Library Agency Vacancy EF(,y REASONS NS $ €1R F'l I £ I'l : am applying to be on t 13 o Library #'i-,ency filling ishe upcoming vacancy for the 11buinn seat , I 'Iay.. lived :r.r`r Tiburon Wr 304 yearn and have been an active membet- of the Library ;u .. a xs for m o t of that tIe. l have = te . eved as ["-0LJ55d Y ,,on Secretary, f 7 ` o e Nominating Committee, member, of the By-Laws cowrii : tee, Annual Fund drive ive and others. I have been ra member of the Capital Fund Campaign since ,its inception. and have been involved with rais , ng funds for the Library expansion a(.r planning v _, t � �� Y rd that goal. My husband B n b and .1 hay.--, been actively involved in Library events and are f f biS'.j��n P f. 5 €.s...�t.r., t....i.{.PA £ �. r ., .,S in Capital.,, I�� t7l C 'dm a 4.4#337: My t ::tin on the S.oIn ch n E {, 1? f. Xj! -;�' .' E nevi years s `;7go c ndl I interested n vonlinuhw '.' ossht the `'€... b r,::r r y reach a t:;(-w, i s both h i ;" r € r e j .E an E m.,: wid or coc6 ,.urrut,3,t ion o .s..t.s ,,..'.. .,k.si .-, and itst'". £. ' e ': ANWKAW2 n (P. r £, ¢hist,#ti a.t y QUALIFICATIONS Tufts University, l�"A' Harvard E., t 1 ife� , < ML;1111. €4P experience rel ..r i .., s rur on :;i+, volunteer basis 000111 '-{ s,. been with i, Hr`.n..., Lanni .'"# r_., r,... ,fta3, niqlankatlons, PrutessionatLy, j c ,v=_ 4rivrd an ,._. Nive rat L ,i €r of tart' r an t Ic:-i Ren (Wirion University of the Negev, foundiAg tic first regiona ". board in the country and performing boti ethicatirsvil, ImAtic relations and fundraising activitiesA was the piincipal of Sunwl. A WHe Rindraising and Events business,, T)Wlteer activities have been extensive inIudjAqj filAt WON presAdent of my congregation, President of the Western Region of Women of Reform Judaism ani.'] service on its National Board and the above immion(A" responsibilities for our Library, Susan Kirschen Baum Wolfe 412 Paradise Drive Tiburon, California 94920 (415) 435-5686 Professional Expeiienee NON-.PROFIT NL1NAGEJVTEJVT NORTHWEST REGIONAL DIRECTOR, American Associates, Ben-Gurion University of the Negev, San Francisco, CA, 1990-P-rent.)'Vi ( Responsible for all development/fundraising activities,event planning, donor activities, faculty forums and public relations for Northwest Region. Generated over $2.5 million in contributions,pledges, grants and planned gifts in last fiscal year. Doubled contributions since 1990. Cultivate and develop a working Board of Directors. Increased size of Board from 14 to 23 members. Instituted Committee Chairs and Officers. Communicate continuously with donors, prospects and grantors through personal visits, events; meetings academic forums, and correspondence. Create an enhanced visibility for the University in the region through participation in community activities, events, educational forums and media. Plan and execute Annual Fundraising Dinners for approximately 300 people. Achieved pledges and receipts of $275,000+ at each of last three dinners. * Coordinate activities and schedules of visiting guests including member of United States Cabinet, University President, members of the faculty. Initiated joint scientific project between University of California, Davis and Ben-Gurion University which will be funded by a $300,000 grant. EXECUTIVE DIRECTOR, Congregation Sherith Israel, San Francisco,CA, 1983-85. EXECUTIVE DIRECTOR, Temple Sinai, Oakland, CA 1979-83. Managed daily business affairs, volunteer activities and public relations and planned for future vitality of congregations of up to 1100 families. Selected, trained and supervised staff of approximately 20 employees. Coordinated all volunteer activities and acted as a resource person to the Board of Directors and Committees, including program development, membership enhancement and fundraising. * Led Leadership Training and Board Development workshops for the congregations and for other local and national organizations. Susan. Mrschenbaum Wolfe Page .2 Instituted new committees and programs to reflect the changing needs of the members families. Prepared and managed operating and capital budgets and endowment funds. ® Handled all aspects of facilities management including tenant relations and restoration of interior of historic building. EXECUTIVE SF.fi RCH CONSULTING ASSOCIATE, Luciani, Schlatter and Associates, San Francisco, CA, 1987-1990. ASSISTANT VICE PRESIDENT, Newton Associates,Walnut Creek, CA, 1985-87. ® Recruited and placed accounting and financial professionals. n l.J4VCLoped cuent relations with Bay Area corporations. m Negotiated terms of employment including salary and benefit packages. Education HARVARD UNIVERSITY, Master,of Education TUFTS UNIVERSITY, Bachelor of Arts Coir MUnity Activities/Professional associations National Society of Fundraising Executives Bay Area Association of Temple Administrators, President 1984-85 Professional Women's Network of San Francisco, Board of Directors Harvard Club of San Francisco Tufts Alliance Volunteer Positions with the Richmond, Walnut Creek and Lafayette public schools Q. l�.-�Piti'm6 l�i'1 Nr 9=19:10 li(r�,brrtr )�15. i; 5.561iG 3 i i 'TOWN OF TIBURON JON 1 8 2019 COMMISSION, BOARD & COMMITTEE NUTS R APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Full with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hail for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk fps f ...., Fun Nme: William Lo Drew Date: June 16, 2019 Please indicate your areas of interest in numerical order: _ Planning Commission _-—_ Parks, Open Space & Trails Comm. Design Review Board Bel-Tib Joint Recreation Board - Heritage & arts Commission Disaster advisory Council Bel-Tib Library Board Commission on aging Affordable Housing Building Code appeals Board OS E, s Address: 2345 Spanish Trail Street Address Apartment/Unit# Tiburon CA 94920 Citv State ZIP Code Phone. 415-435-3978 Email. lawrence.drew@ucsf.edu L I have been a strong supporter of the library spiritually and to a lesser extent financially for many years. I moved here when our library was one room near the post office and it has literally been thrilling to see it grow and expand. i arri an educator and have had a lifelong love affair with books and visit our library at least once every week. it is a wonderful resource for building a personal library and is, in my opinion, the jewel of our community. My admiration for Debbie and her staff is unbounded and I would like to help them in any way I can. rza - ONR f. Please see attached. Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. Drew, Lawrence From: Drew, Lawrence Sent: Monday,June 17, 2019 2:21 PM To: Anne Drew(asdrewl@comcast.net) Qualifications- public and private servicea 1) 1 developed and supervised a virology research program that required management of hundreds of thousands of dollars from governmental and pharmaceutical company grants 2) 1 was one of 3 directors of the field foundation from 2002-2008,overseeing the award of hundreds of thousands of dollars to the arts in the Bay area 3) 1 was chairman of the board of Marin Catholic social services,overseeing the distribution of financial support to numerous service entities in Marin. 4) 1 chaired the financial committee of St. Hilarys school for 7 years 5) 1 served on the boards of Marin Homes for Independent Living and the House at San Quentin. 6) 1 was President of the Bay area infectious disease society for 15 years 7) Member of the board of directors at the Tiburon Peninsula club 8) For 15 years I have led a program at St Hilarys to collect clothing for the homeless and deliver it to St Anthonys dining room. 9) 1 was a director of the Tiburon Peninsula Library Foundation from 2005-2010 and vice president from 2007-2009 ,-Activity in the world of books. 1)1 have edited or co edited 6 textbooks in medicine 2)1 was editor of the Journal of clinical virology from 1999-2005 and a reviewer for 18 other journals. 3) 1 have contributed 36 chapters to additional medical text books i CURRICULUiN9 VITAL: WILLIAM IAM LAWRFNCE DREW, M.D., I'h.D. Professor Emeritus Department of Laboratory Medicine and Medicine School of Medicine, University of California, San Francisco Consultant in Infectious Diseases UCSF Medical Center at Mount Zion University of California, San Francisco UCSF Medical Center at Mount Zion Room B 201 1600 Divisadero Street l3ox 1629 San Francisco, CA. 94143 "]TSL, (415) 885-7315 FAX (41 5) 35 3-9583 Ismail: la\vrence.drev.v(,ucsf.edu H)UC;ATION 195058 I-loly Cross College, Worcester, class. - B.A. 1958-62 .IeRerson Medical Colle�-,c, Phikidelphia, PA - M.D. 1963-66 .IeO&son Medical Collc-ge; Philadelphia, PA Experimental Pathology (Virology) - Ph.D. BOARD CERT.I IICATION: American Board of Internal Medicine (AMM) 1970 ABIM Infectious Disease 1950 American Board o] Medical ',v icrohiO!0gy 1983 California L iCC:IASe wur1-110cr C;1 1943 PRINCIPAL POSITIONS 1 II�LD: 1962-1963 .1el7crson Nledical ColI loshit;d Lnern 1 1966-1968 University of California, San Francisco Resident 19691969 University of\Washington, Seattle, Washingimn NIH Fellow in Clinical Microbiology 1977-1984 University of California; San Francisco Assoc. Clin Professor Medicine 1985-1991 University of California, San Francisco Assoc. Prof. In Res Lab Medicine and Medicine 1991- 2010 University of California, San Francisco Prof. In Res Lab Medicine and Medicine 2010— Present, University of California., San Francisco Professor Emeritus (EDied ve 6/3W2010) OTHER POSITIONS HELD CONCURRENTLY: 1969--Present UCSF Mount Zion Medical Center, Associate Chief, Medicine; In charge of Infectious Diseases 1995 -- 2009 UCSF, Director, Clinical Virology Laboratory 1980 —Present Director, Clinical Virology Research, UCSF Mount Zion Medical Centel- 1996-- 2008 enter1996-2008 Academic Associate, Quest Diagnostics, San Juan Capistrano, California I-10N0RS/AWARDS: Scholarship - Regis High School New York State College Scholarship, 1954 Francis Shain Scholarship - Jefferson Medical College, 1961 Alpha Omega Alpha - Jefferson Chapter, 1962 lJobart Hare Medical Honor Society - Jefferson Medical College, 1962 S.S. Cohen Prize in Mcclicine - 1962 Charles Labelle Prize as the Outstanding Graduate Student - 1966 Outstanding Teacher Award - Mount Zion Hospital and Nledical Center 1971, 1974 Irving Slotnick Award Lecture - Cedars Sinai Memorial I lospitak Ims Angeles, California,November 1983. Alberta 1-Ieritage Days, University of Alberta. Is CMV a Cofactor in AIDS`' Invited Keynote Speaker, Alberta Canada, November 22, 1985. 1 dish Hsiang Lecture. Pan American Group fur Rapid Virgil Diagnosis. Clearwater, Florida. 1992 and 1995. Fellow, American College of Physici<<ns, 1990 to present Keynote Speaker 1V International Symposium on Ocular In17alnul tion. London England, September 1996. Ortho-McNeill Annual Visiting Professor, Orcgon I Icaldi Sciences l.Jnivem4y, July 1997 UCSD' Mount "Zion Alumni and Staff.Association Award of Distinguished Alm-anus for 1997 Fellow, American Academy December 1997 Elected to American Board of Internal Medicine Subspecialty Board on Infectious Disease, February 1998 Pan American Socicty for Clinical Virology, Cle<uwater_ 11, April 2000 2 CC-1 TOWN COUNCIL SPECIAL AND REGULAR MEETINGS DRAFT MINUTES SPECIAL MEETING —6:45 Y.M. On June 5, 2019, the COunCll held a special meeting as follows: CALL TO ORDER AND ROLL CALL COLlllcilmember Fraser. COMIC llmember Thier. Councilmember Welnei'(absent), Vice Mayor Fredericks, Mayor Kulik CLOSED SESSION 1. CONFERENCE WITH PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: 500 Tiburon Boulevard, Tiburon. California; APN's 055-093-06, 07. 08. 09 Agency Negotiators: Greg Chanis,Benjamin Stock Negotiating Parties: Tow,, of Tiburon and Richardson Bay Sani4fon District Under Negotiation: Price and terms for possible property acquisition. 2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigAti©n'','ursuant to Gov&rrnn6ntCode Section 54956.9(d)(4): (One potential case) . ADJOURNMENT"-10 regular rnee in REGULAR MEETING —7:30 P.M. Mayor K.ulik called the regular meeting, of the Tibru-on Town Council to order at 7:30 p.m. on Wednesday, June 5. 2019, in Town Council Chambers. 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks. Kulik, Thier ABSENT: COUNCILMLMBERS: Wehner PRESENT: BX OFFICIO: Town Manager Chanis. Town Attorney Stock. Director of Community Development Kwon. Chief of Police Cronin. Director of Administrative Services Sweitzer. Director of Public Works/Toy-vii Engineer Barnes. Town Clerk Stefam Puge 1 of 7 Torn Council31ii7zdc.s #10-2019 DRAFT Jzwe 5. 2019 ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY The Mayor announced the Conncil had given direction to staff in closed session. ORAL COMMUNICATIONS A local holistic health professional expressed concern about 5G rollout and the depl,oynent of small cell towers across the United States. CONSENT CALENDAR CC-1. Town Council Minutes—Adopt minutes of April 17,12419 special and regular meetings (Department of Administrative Services) CC-2. Town Council Minutes—Adopt minutes of May 1,2019 special and regular meetings (Department of Administrative Services) CC-3. Tiburon Tourism Business Improvement District—Ado' t;_Resolution of Intention to levy assessments for Fiscal Year.2G19-20 (Office of the Ta Manager) CC-l. Belvedere-Tiburon Library Expansion Proleef-Adopt Resolution revising Condition of Approval #5, waiving traffic irnpactafees foi;the project(Gomnir nity Development Department) CC-5. Town Manager Employment AgreeTnentApprove amendment to Town Manager Employment.Agreement (C)f#ice of the" Attorney) CC-6. Investment Summary A06pt investrnentstimmary for month ending April 30. 2019 (Department of Adm iii,istrative.Services) CC-7. Announcemenit ofI''ending Vacancy Announce pending vacancy on the l3elvedere- Tiburon Library Agency Board of Trustees (Department of Adm inistrat1ve Services) Couiicilmember Thier requested Consent Calendar Items 2 and 3 to be removed for discussion. MOTION: To adopt Consent Calendar Items I and 4-7, as written. Moved: Fredericks, seconded by Thier VO"fE: AYES Fraser, Fredericks, Kulik, Thier ABSENT: Welner CC-2. Town Council Minutes—Adopt minutes of May 1, 2019 special and regular meet1110s (Department of Administrative Services) COuncllmember Thier requested clarification on Colnlcll direction given, and the Mayor recommended continuing the item to the next meeting. Puge 2 o17 Town Council Minuses #10-2019 DRAFT June 5, 2019 MOTION: To continue the item to the next Council meeting. Moved: Fraser, seconded by Fredericks VOTE: AYES: Fraser. Fredericks, Kulik, Thier ABSENT: Welner CC-3. Tiburon Tourism Business Improvement District—Adopt Resolution of to levy assessments for Fiscal Year 2019-20 (Office of the Town Manaer)" COLincilmembel'Thier requested assurance that the notices would be sent toproperty owners and the tenants of the lodging establishments. Town Manager Chanis con finned this point. MOTION: To adopt Consent Calendar Item No. 3, as written.,' Moved: Fredericks. seconded by Fraser VOTE: AYES: Fraser, Fredericks, Kulik, .bier ABSENT:: Welner ACTION ITEMS AI-1. Sustainability Ad Hoe Committee—Receive update fiom T6wu Council ad hoc committee on sustainability and consider authorization of support of state legislation Vice Mayor Fredericks said the ad hoc sub committee had disciissed improving the website's sustainability resources and getting involved in,all Earth Day euehf an-2020, the event's 50`x' anniversary. The Vice Mayor also commented on pending state legislation that would accomplish similar Pals to a local ordinance requiring single-use food service ware to be compostable. She recommended the Council take an official position Of Support on the two bills. Mayor Kulik opened the floor for public comment. Pat Barnard, Andrew Drive. said a plastic-free environment is a difficult and complicated goal to accornplish; She said some local cities are moving forward with their own single-use food ware ordinances. but it also made sense to develop consistent regulations through the state and county. Fredericks agreed that one local ordinance may not be a good template for all, and some cities are hoping to eii a(-,e with their local businesses before adopting regulations. She said the state legislation. if passed,will preempt any local regulations. She recommended the Council take a position of support on the state legislation by authorizing the Mayor to sign a letter she would draft. The Council discussed drafting, a letter to support the legislation as it is currently drafted only. Councilmciiiber Thier believed the Council should still consider the revised local ordinances being considered at other cities in Marin County. and staying involved with a county-wide initiative for consistent local regulations. Pugc 3 of 7 Toirn ('ohne°il,llinzr[e.e #10-?019 DR I-Y Ju»e 5. 2019 MOTION: To write and submit a letter of support from the Tiburon Town Council for state legislation (Senate Bill 54 and Assembly Bill 1080). as Of,'JUne 5. 2019. Moved: Fraser, seconded by Thier VOTE: AYES: Fraser, Fredericks, Kulik, Thier ABSENT: Welner PUBLIC HEARINGS PH-I. Cypress Hollow Landscape & Lighting District (LLT))--Hold annual protest fearing and consider adoption of Resolution to continue the LLD assessment for Fiscal Year 2019-20 (Department of Public Works) Director of Public Works/Town Engineer Barnes said this assessment has been in place since 1998, and the "Town is required to hold an annual pubh,6 hearing on the assessment. He said no complaints had been received. He pointed out an error in the,draft resolution. and recommended the Council adopt the resolution continuing the assessment for another year as amended. Mayor Kuiik opened the 111001-for public 66ininent. There was none.. MOTION: To adopt resolutionn cont� tlrtg the°assessment f or Fiscal Year 2019-20. as amended. Moved: Fredericks, seconded by Thier VOTE: AYES: Fraser, Fredet Thier ABSENT We�t1 r PH-2. Mill Vail ey Refuse Service=Consider approval of rate increase requested by Mill Valley Refuse Service ( * ,rtment of Administrative Services) Town ManagerChanis said the Councilladpreciously heard a presentation fi-om Jim lavarone of Mill Valley Refuse,,Set-vice regarding two potential base rate increase applications: one for a single stream recycling program, and another for a dual-stream recycling pro<gram. The Town Manager said the Council had indicated it would like to hold a public hearing on the dual-stream reeycling program application. .,. Chanis also recommended the Council adopt the draft resolution. as amended. to add lan�ua,Lc indicating the specific tete increase for"Tiburon is 4.01%. Several councilmembers inquired about the differences in rate increases across jurisdictions. Mr. favarone explained the cost of services in different towns is a bit different. Mayor Kulik opened the floor for public comment. There was none. MOTION: To adopt the resolution, as amended. Moved: Fredericks, seconded by Kulik VOTE: AYES: 1-racer. Fredericks, Kullk. Thier Page 4 of 7 Town Council llllinitio 4'10-2019 DRAFT Amc'5, 2019 ABSENT: Welner PH-3. 2019-20 Municipal Budget and Capital Improvement Program — Introduction of Fiscal Year 2019-20 Municipal Budget and Capital Improvement Prop-ani (Office of the Town Manager/Department of Administrative Services) Director oi'Administ-ative Services Sweitzer said the proposed Fiscal Year-2019-20 budget is presented at a total appropriation of$17,024,516. She said the operating budget is balanced and provides for an operating surplus of$127,436. Director Sweitzer said,the Town's operati110 revenues are projected to increase 1.9% over the pi-ior year, and reviewed the historical trends of several of the top sources of operating revenue. She also explained the Town's operating' expenditures are expected to increase 2.0% over the prior year 'andagain revicwed the historical trends of several of the major expenditw-e categories. She then summarized the projected expenditures of eacl 'd0partment as follows: • Administ-ation's proposed budget is $1.93 million `, • Community Development's proposed budget is $1.4'7 million • Police's proposed budget is $3.67 million. • Public Works' proposed budget is,$2',2 million. • The non-departmental proposed bite d"is$3 33 »pillion. She also reviewed historical data points ofopeating budget to enues against expenditures. and noted the Town has run a surplus since 2010 Director of Public Works/ToWnErgineer Bay nes presented the proposed Capital Improvement Pi-ogram. with total expenditures of$2.759,150: Director Barnes briefly reviewed the project list, and summarized the anticipated costs and current status of the projects..He also listed the proposed projects based on their rank. I le said mane of the projects in the proposed Pi-oeranl are.Tier 1, but several are Tier 2. Town Manager Chanis reviewed the balances of the Town's reserve funds, and said there are increasing compacting uses for the Unallocated general fund reserves. The Town Manager and the Council discussed the Town's long term liabilities. and the TovvAi's responsibility and plan to pay down pension liabilities. Mayor Kulik opened the Moor for public comment. There was none. COunelln1embei- Thier requested the Council be provided a list ofthe contracts the To\An Manager,has the authority to enter into throughout the year. Thier also inquired about the funds budgeted for the Corporation Yard and noted that the Council requcstcd a presentation by a consultant on the several different options. Iters continued to next meeting 'for adoption. P(we 5 of 7 Town Council Minziles 410-2019 DRIFT June 5. 2019 ACTION ITEMS AI-2. Belvedere-Tiburon Library Expansion Project— Discuss a financial contribut=ion toward the expansion project and the shared public space between Town Hall and the Library (Community Development Department) Mayor Kulik noted the absence of COUnCllmember Welner fi-om the mceting. and believed this to be an important item to discuss with the full Council. The rest ofthe Council agreedto"have enough of a discussion to be able to direct staff to bring back answers to any questions lhat>come LIP prior to discussing the contribution in depth at the next meeting, with the full Council' Town Manager Chanis said the Council had asked staff for additional information regarding potential contribution toward the expansion project. He said tonight's presentation is in the context ofthe greater municipal budget, and staff had determined that the library's request for funding was based on a reasonable estimate. Tom Cromwell, board member ofthe library Agency, said the current library is too small to accomplish its goal of transitioning from a library to a learning center, and the new library would be a significant asset to the entire community. He said the shared space between the library and Town Hall would also be a benefit to all.4,11,e -ioped'the=Town Council would "lead the way" in making a financial contribution, so others Would follow suit. Mayor Kulik opened the floor for public comtne»t. r„ Barry Moss, Presidgj oft(ie Belvedere-Tiburon ;Library Foundation, said the library has the full amount needed tobegin construction, but it needs to be built upon by the Town's contribution so the library can pay off the line of credit and fundraise less. Fle spoke to the great value ofthe library to the coniraIunity. Mr. Moss added that a contribution over a period of several years would be acceptable, and would help the agerieyplan ahead. Councilmember Fraser asked about a contribution from the City of Belvedere. Mr. Moss said the library representatives had not yet made the formal request. and hoped to have a contribution from the Town first. Vice Mayor Fredericks said it would be useful to have staff provide an analysis of what the impacts ofmakim, the full contribution would have on the bud1-1et over the next rive vears. and what capital improvement projects might be deferred. The Mayor said the item would be continued to the June 19 re<Iular meetin<-1. TOWN COUNCIL REPORTS Vice Mayor- Fredericks gave a report on housing legislation. Page 6 q/7 Toi+vn Council Minutes '10-2019 DRAFT Jime 5, 2019 TOWN MANAGER REPORT None. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Council of the,Town of Tiburon, Mavor Kulik adjourned the meeting at 9:25 p.m. DAVID KULIK_ MAYOR ATTEST: LEA STEFAN], TOWN CLERK Pt 7 of 7 Tou,rn C'ozrncil.1/izzzzle.Y #10-2019 DRAFT Jzme 5, 2019 CC-2 TOWN COUNCIL SPECIAL AND REGULAR MEETINGS DRAFT MINUTES SPECIAL MEETING — 6:30 P.M. On ,lune 19, 2019. the Council held a special meeting joint meeting with theHeritage & Arts Commission as follows: CALL TO ORDER AND ROLL CALL Town Council: Councilmember Frase►-, COnnClmembel'Thie1`'(absent). COuncilmembel' Wehler: Vice Mayor Fredericks, Mayor Kulik Heritage & Arts Commission: Commissioner Etemad_Commissioner Hall (absent). Commissioner Mujica-Beavers (absent), CommissionerNoguez. Vice Chair Norris. Chair Fong ORAL COMMUNICATIONS Thei-c wel'e (lone. ACTION ITEMS AI-1. Heritage & Arts Annual Report—Receive 201'$-19 annual report by Heritage & Arts Commission (Heritage&"Alts Commisst9101)'R The Council accepted the annual report. AI-2. Public Art Policy— Review and discuss draft Public Art Policy (1-lelitage & Arts Commission)F, Chair Fon-said the Commission is seeking guidance from the Council On the draft public art policy the Commission has prepared. Chair Fong and AI-tist Laureate Richard Rozen introduced the policy they said is meant to serve as a roadmap for future public art decisions. COuncilmember Frasex:recommended the H&A conduct a robust public process on the policy and recommended the approval process language be updated to more clearly explain the H&.A or staff will be making recommendations to the Town Council. which will have the final approval of projects. He also subbested the H&A involve a representative from the local school district. Vice Mayor Fredericks also cautioned against the recommendation to build art into private capital projects clue to proposed legislation about the reduction of'extra Fees to enable housing production. Mayor Kullk recommended the Commission consider"batching," the public art applications and the Council could review the entire inventory for the coaling year. Page 1 of 7 Trni,n C'ozuzcil Alizutze.s 1111-2019 DRAFT June 19, 2019 The group also discussed including the Parks. Open Space and Trails Commission as part of the review process as many pieces of public art are displayed in public parks. The Mayor recommended the Commission update the approval process language to be more delineated and clear, and suggested that Parks_. Open Space and Trails Commission review be a required step only if necessary. ADJOURNMENT—to re-ular meetin- REGULAR MEETING —7:30 P.M. Mayor Kulik called the regular meeting of the Tiburon Town COUncilto order at 7:30 p.n, 6h Wednesday, June 19. 2019, in Town COnnell Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks 1Su1,} ,Thier (by teleconference), Welner ABSENT: COUNCILMLMBERS: None PRESENT: EX OFFICIO: Town ManagerChanis,__Town'-Attorney Stock, Director of Comi nmity.Development Kwon, Chief of Police Cronin. Director of Administrative Services Sweitzer. Director of Public Works/Town Engineer Barnes. Town Clerk Stefani ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY ORAL COMMUNICATIONS There-.were.none. CUNSENTCALENDAR. CC-1. Town Council Minutes—Adopt minutes of May 1. 2019 special and regular meetings (Department of Administrative Services) CC-2. Town Council Minutes—Adopt minutes of Mav 15. 2019 special and reIMular meetinLs (Department of Administrative Services) CC-3..Local Emergeney—Adopt Resolution continuing the declaration of a local emergency related to damage caused by February 2019 storms (O(tice ofthe Town Manager) CC-4. Town Budget and Gann Limit Resolution —Adopt Resolution approving Fiscal Year 2019-20 Tiburon Municipal Budget and Capital Improvement Program and Gann limit Page 2 of 7 Town Coamcil l>rli Maes 411-2019 DR Il T .lame 19. 2019 appropriations limit for Fiscal Year 2019-20 (Office ofthe Town Manager/Department of Administrative Services) CC-5. California Department of Emergency Services Signature Authority— Adopt> Resolution authorizing the Town Manager to act as a signing agent for requiredforrs for state and federal reimbursement related to local storm emergency (Departlent of Public Works) CC-6. Signature and Safe Deposit Box Authority— Adopt Resolution updating ieferetces to Town signature authority to reflect changes in staff composition and location and authority to access town safe deposit boxes (Department of Administrative Services), CC-7. SB 2 Grant Funding (Planning Funds)— Authorization to apply for SB 2 Grant Funding related to future planning activities MOTION: To adopt Consent Calendar Iters 1-7, as writteal. Moved: Fraser, seconded by Fredericks VOTE: AYES: Fraser, Fredericks, Kulik_ Thier. Weiner ACTION ITEMS AI-1. Belvedere-Tiburon Library Expansion Project—Discuss a financial contribution toward the expansion project and the shared public space between Town Hall and the Library (Community Development Dehartnent)`' Town Manager Chani said t}ie To'Wn Council hatl previously asked for a staff analysis on the impact of funding tlie'fiibrary agency's full request.lie said any contribution fi-om the Town would core from the Town's unallocated general fund reserves. which are used to fund capital projects that do not otherwise lxave a source of fund,in-. Chanis presented a basic forecast of upcoming capital improvement projects that right otherwise be delayed by using the funds for another purpose. but noted that the Council ultimately determines priority, sostaff is unable to present definitively the projects that will be delayed. He rev iewed the unallocated 'general fund reserve balances over the last several \ears, and said there have been several large expenditures. He explained that even without a contribution toward the library.. the Council may be facing additional budget pressure and difficult decisions ahead for allocating these hinds—particularly for repairs to the Towns storm drains. Corporation Yard renovations and unfunded liabilities. Mayor Kulik incited representatives from the library to rake a presentation. Tom Cromwell, Belvedere-Tiburon Library Agency Board of Trustees. emphasVed the important service provided by the library. He said the facility is well-used. free, and is transitioning frog a book depository to becoming a learning center. He said the library Page 3 q/'7 Torii Cnarncil Alin ae.s #1I-2019 DRAFT .lime 19, 2019 expansion was a gift that was already 80% funded by donors. He believed that if the Town Council made a financial contribution, the rest of the community would follow suit. Jeff Foran, Library Agency Board, said the library touches more people in the comtllun.ity than almost any capital project. and the convenience of the park and shared space betw'ven the library and Town Hall would be a direct benefit to many people. Jeff Slavitz said the library is well utilized. but more space is needed. He acltnovuledged the tight budget, but said large contributions have been made toward other projects°m town He emphasized the great community asset ofthe library that creates uniquevalue forthe community. Councilmember Welner asked the library representatives ifthere were any additional obstacles'-,'.'- preventing bstacles:' preventing the agency from getting their building permit, and�said he under ood the agency had access to loan funds that would allow them to start co"'r t"u ,tion. Mr. Gram said a line of credit has been arranged, but the ageaey hopesthat it does not need to be utilized. He said the library hopes the community will be able fo h'tdraise the remaining $4 million. Glen Isaacson, project manager said the permits are appio irately 90% completed and once issued, the project will be put out to bid. Mayor Kulik opened the floor for public comment. Susan Wolfe spoke in support of the project and hopedAhe Council','would make a contribution. Ken Weil spoke in support of the prq_ject and said a_project already 80%funded was remarkable. He hoped the CoimCil Would makea'contribution, Jim Wood spore to the essential role of the library ilt the community and believed the requested contribution Would be the Town's fair share to the shared space. Ann Alwyn said the original study concluded an even bigger library would be necessary to reach the library's needs, and said the current proposal i� a fiscally responsible and appropriate soltition. Mayor Kulik closed the floor. Vice Mayor Fredericks supported the "[own Making a contribution toward the project, but said it Would be difficult lindi g, a tiscally responsible wav to do so. She liked the idea of contrihutins= an at-hount certain over a several-year time period. and thought the amount could be increased in several years if'it was deemed fiscally responsible at that time. She said she would like to see the 'Town make the full contribution over several year;. Councilmember Thier also supported making the Dull contribution over a period of several years, if it could be done in a fiscally prudent N-vay. Page 4 of 7 Towl'? Council All X11-?019 DRAFT .huge 19. 2019 COunellmember Wehner agreed that the library was a great asset. but questioned if the project really needed this contribution from the Town. Ile said the Town did need these funds for several important projects, and not making the contribution Would not hold up construction. He did not feel comfortable making such a large financial contribution toward a project Was critically needed. Ile added that the Town could still contribute in the next several &A,rs, if the finds were still needed. Collnclh7lember Fraser said he was in favor of making a contribution to the project�bbt the Council needed to review the Town's assets to determine the best ba lance,between'funditfg the Town's critical projects, and making a fiscally responsible contribution. He liked the IVfayir's previous suggestion of contributing a portion of the annual surplus over a period of several`yeat;s. Mayor Kulik said the Council seemed to express enthusiasm about the library expansion project, but tonight's question was more about what. if any- the Town could affordjo,.make a contribution. He spoke of the Town's other critical projects wid unfunded liabilities, and noted that the Council is proud to represent a fiscally responsible town with no debt. He wanted to support the library substantially, but within reason ofwhat the Town is able to do. He recommended committing $150,000 annually. representative of the Town's annual surplus, over a period of four years, and ask the agency representatives to request a matched contribution fi-0111 the City of Belvedere. Fraser said the Council could also express aw.iIIingness'to revisit the issue in several years, and the Council could consider making another contribution at that time. Fredericks liked this idea. Weiner agreed that theMyor's suggestion was a iilodest and measured approach and he could support it. The Council discussed the review Period. and agreed that the first contribution would be made soon, and the matter would be reviewed again at the beginning of the budgeting process in 2022. MOTION: To'contt-ibutel$150.000 annuallyto the 13elvedere-TihUroil Library Agency starting-at the nearest date possible. and continuing fOr the next 4 years, to revisit the issue at the start of the budh)eti lL) process in 2022. and that the Agency will ask Tor a dollar-for-dollar contribution match from the City of Belvedere. Moved: Fredericks, seconded by Fraser VOTE: AYES:_, Fraser. Fredericks. Kulik. Thier- Welner The Mayor called for a recess at 8:55 p.m._ and the Council resumed at 9:00 p.m. PUBLIC HEARINGS PHA. Unmanned Aerial System ("UAS") Regulations— Consider municipal code amendinents that would regulate takeoff. laudim—, and operation of UAS (commonly known as drones) near public schools. public special events and emergency operations 1171rocluction aid first reading of 01-ChI7017Ge Page 5 qf'7 7'011'17 Council Jl4inutc's #11-2019 DRAFT June 19. 2019 Town Clei-k Stefani said the Council had previously directed staffto prepare an ordinance regulating UAS, or drones. in Tiburon. She said the proposed ordinance regulates drone operation on the grounds olepublic schools, with the intent to capture images of public school grounds; and near emergency operations. She said the Council could consider expanded,, regulations, but passage ofthe first reading of the proposed ordinance tonight would,ensure it would be effective before the new school year begins. She also recommended the Council consider amending the ordinance to revise any references to 500 feet to read as 400 feet. to ensure consistency throughout the entire'ordinance.' Conncllnember Fraser recommended consulting with commerctal•indust►y prafessionalsbeEore considering expanded regulations. Mayor Kulik opened the floor for public comment. Dr. Nancy Lynch, Reed Union School District, asked the CotinciI tider an amendment to the ordinance that would prohibit all drone flight above schools, ratllei�than only up to 400 feet. Town Attorney Stock explained the ordinance is written in this way because the Federal Aviation Administration already prohibits drone flight in,the airspace 400 or in, feet above ground. MOTION: To read by title only, as amended. Moved: Welner. seconded by Fraser VOTE: AYES:Fi-aser, Fredericks, Kultk,Thief, 1X/elner MOT1ON: To pass first reading ol'the oidmane'e as amended by roll call vote and schedule second reading- and adoption at th'e,3tily 17, 2019 Town Council meeting. Moved: Weler. seconded by Fredericks VOTE: AYES:Fraser, Fredericks, Kulik, Thier Weiner PH-2. Tiburon Tourism Business Improvement District ("TTBID")—Conduct public hearinux to: a. Consider any>,protc�ts to continue TTBID assessments as set forth in Resolution No. 17-2019 b. Consider adoption of Resolution to continue TTBID as set forth in Resolution No. 17-2019 Town Manager Chanis said the "Frown formed the Tiburon TOurlsm Business Imnrovement District in 2007 and isrequired to hold an annual public hearing on the proposed assessments for the following year,The Town Managm-said no protests against the assessments had been received, and noted the two lodging establishments in Town have been very supportive of the TTBID program and are represented on the Advisory Board. Mayor KLII]k opened the floor for public comment. There was none. Page 6 of 7 Torun C91117Cil Alinute.N 7111-2019 DRA1 T June 19, 2019 MOTION: To adopt the Resolution to Levy and Collect Assessments. Moved: Fredericks. seconded by Welner VOTE: AYES: Fraser. Fredericks. Kulik, Thier, Wehner TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT None. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Councilof the Town of Tiburon, Mayor Kulik adjourned the meeting at 9:20 p.m. DAVID KULIK, MAYOR ATTEST: LEA STEFANI. TOWN CLERK Page 7 of 7 7,oTPll Co it/ fin zties 4111-2019 DRAPY Jima ]9, 2019 Town Council Meeting TOWN OF TIBURON July 17, 2019 1505 Tiburon Boulevard Agenda Itern: CC - 3 Tiburon, CA 94920 I till F1 To: Mayor and Members of the Town COUncil From: Department of Administrative Services Subject: Recommendation to Adopt Municipal Code Amendments to Chapter 25 of the Tiburon Municipal Code Reviewed By: Greg Chanis,Town Manager Benjamin Stock,Town Attorney SUMMARY The Council will consider a Municipal Code Amendment to modify Chapter 25 of the Tiburon Municipal Code relating to the regulation of Unmanned Aerial Systems ("UAS"), commonly known as drones. RECOMMENDED ACTION(S) 1. Approve the adoption of Ordinance No. 583 N.S. (Exhibit 1). BACKGROUND This ordinance would adopt Chapter 25-4 to the Tiburon Municipal Code relating to the regulation of Unmanned Aerial Systems ("UAS") the Town of Tiburon. The ordinance imposes safety requirements on the operation of UAS, including the regulation of operation of drones directly above or on the grounds of public schools without permission of school officials, with the intent to record. transmit or capture images of public school �-11-01,lnds, and within four hundred (400) feet ofpublicly permitted events. emergency vehicles operating with lights and/or sirens, or in a manner that interferes with any emergency response. The Town Council held a public hearing at its meeting on June 19. 2019 and passed first reading of the ordinance, waiving further readings. The ordinance now comes to the Town Council l01- adoption. oradoption. ANALYSIS No further analysis provided. FINANCIAL IMPACT TOWN OF TIBURON PAGE I OF 2 Staff anticipates no direct fiscal impact to the Town by adoption of this ordinance. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption ofthis ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pul•suant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION "The Council's motion to adopt this item on the Consent Calendar will constitute a motion to confirm the waiver of second reading from the previous reading and adopt the ordinance. Each COUneilmember'S vote on the motion to approve this item on the Consent Calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any COUnCllmember choose to vote differently on this item than other items on the Consent Calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. Staff recommends that the "mown COLInCII: 1. Approve the adoption of dealt Ordinance No. 583 N.S., which is attached as Exhibit 1. Exhibit(s): 1. Draft Ordinance 583 N.S. Prepared By: Lea Stefani,Town Clerk ToNv\ OF'TIt3l lzo\ I';1GE 2 m 2 DRAFT ORDINANCE NO. 583 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING CHAPTER 25-4 TO THE TIBURON MUNICIPAL CODE IMPOSING SAFETY REQUIREMENTS ON THE OPERATION OF MODEL AIRCRAFT AND TO IMPOSE RESTRICTIONS CONSISTENT WITH CERTAIN FEDERAL AVIATION RULES ON THE OPERATION OF BOTH MODEL AIRCRAFT AND CIVIL UNMANNED AIRCRAFT SYSTEMS (UAS), COMMONLY KNOWN AS DRONES. DRONES AND UNMANNED AIRCRAFT SYSTEMS Section 1—Contents 25-4 (a) Purpose 25-4(b) Definitions 25-4(c) Local Regulations of Unmanned Aircraft Systems 25-4(d) Exemptions 25-4(e)Violation; penalties 25-4(a) Purpose The purpose of this chapter is to regulate the operation of Unmanned Aircraft, commonly known as drones,which can at times pose a hazard to full-scale aircraft in flight and to persons on the ground. Imposing community-based safety requirements on the operation of Model UAS and imposing restrictions on the operation of both Model UAS's and Civil UAS's consistent with Federal Aviation Administration rules is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of Unmanned Aircraft. 25-4(b) Definitions "Civil UAS"shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any Person for any purposes other than strictly hobby or recreational purpose, including, but not limited to, commercial purposes or in the furtherance of, or incidental to, any business or media service or agency. "Drone" refers to any UAS. "FAA" means the Federal Aviation Administration. "Model UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any Person strictly for hobby or recreational purposes. "Person" shall mean natural person,joint venture,joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. Page 1 of 4 Town of Tiburon Ordinance No. 583 N.S. Effective Date xx/xx/xxxx EXHIBIT 1 "Public UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any public agency for government related purposes. "Unmanned Aircraft" shall mean an aircraft without a human pilot onboard,that is controlled by an operator on the ground, and is operated without the possibility of direct human intervention from within or on the aircraft. "Unmanned Aircraft System (UAS)" shall mean an Unmanned Aircraft and associated elements, including, but not limited to, any communication links and components that control the Unmanned Aircraft. 25-4(c) Regulations The following shall apply to the operation of any Model UAS or Civil UAS within the Town of Tiburon: 1) No person shall operate any Model UAS or Civil UAS within the Town of Tiburon in a manner that is prohibited by any federal statute or regulation. 2) Excluding takeoff and landing, no person shall operate any Model UAS or Civil UAS within the Town of Tiburon closer than 25 feet to any individual, except the operator or the operator's helper(s). 3) No person shall takeoff, land or operate any Model UAS or Civil UAS while under the influence of alcohol or any other drugs, intoxicating compound or any combination thereof. 4) No person shall knowingly and intentionally operate any Model UAS or Civil UAS on the grounds of, or less than 400 feet above ground level within the airspace overlaying, a public school facility in the Town of Tiburon during school hours or school events,without the written permission of school officials. 5) No person shall knowingly and intentionally operate any Model UAS or Civil UAS to record, transmit or capture images of public school grounds in the Town of Tiburon during school hours or school events, without the written permission of school officials. 6) No person shall takeoff, land or operate any Model UAS or Civil UAS within four hundred (400) feet of any publicly permitted events without prior notification and authorization of the Town of Tiburon 7) No person shall takeoff, land or operate any Model UAS or Civil UAS within four hundred (400) feet of any emergency vehicle that is operating with lights and/or sirens. Page 2 of 4 Town of Tiburon Ordinance No.583 N.S. Effective Date xx/xx/xxxx 8) No person shall takeoff, land or operate any Model UAS or Civil UAS within four hundred (400) feet of any active law enforcement or emergency response incident in a manner that interferes with firefighting, police activity or other emergency response activity. 25-4(d) Exemptions This chapter shall not apply to any Public UAS, or UAS weighing less than 0.55 pounds. 25-4(e)Violation; penalties In addition to other enforcement means available to the Town, any Person violating this Chapter is subject to fines and confiscation of the UAS by the Tiburon Police Department or other local, state or federal law enforcement agency operating on their behalf. Section 2—Severability Should any section, clause, or provision of this Ordinance be declared by the courts to be invalid,the same shall not affect the validity of the Ordinance as a whole, or parts thereof, other than the part so declared to be invalid. Section 3—California Environmental Quality Act The Town hereby determines that that this ordinance is exempt from the California Environmental Quality Act review under Title 14,section 15061(b)(3) as there is no potential for causing a significant effect on the environment. Furthermore,this ordinance will not cause a direct or indirect physical change to the environment and is therefore exempt pursuant to Title 14, Section 15378(b)(2) and (3) of the California Code of Regulations. Section 4—Effective Date This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code Section 36937, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on June 19, 2019, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEBERS: ABSENT: COUNCILMEMBERS: Page 3 of 4 Town of Tiburon Ordinance No.583 N.S. Effective Date xx/xx/xxxx DAVID KULIK, MAYOR Town of Tiburon ATTEST: LEA STEFAN[,TOWN CLERK DATE: Page 4 of 4 Town of Tiburon Ordinance No.583 N.S. Effective Date xx/xx/xxxx Town Council Meetin(I TOWN OF TIBURON July 17, 2019 1505 Tiburon Boulevard Agenda Item: CC - 4 Tiburon, CA 94920 7To:: Mayor and Members ofthe Town Council From: Office of the Town Manager Subject: Declaration Continuing Local Emergency Related to February 2019 Storms r Reviewed By: .� 4' - Greg Chanis,Town Manager Benjamin Stock.Town Attorney SUMMARY As required by state law, the Council is asked to approve a Resolution continuing the declaration of a local ernergency`related to thedamage caused by the storm of February 12-141, 2019. RECOMMENDED ACTIONS) 1. Approve a Resolution continuing the declaration of a local emergency related to damage caused by the storm of February 12-14,2019. BACKGROUND A storm system beginning on February 12, 2019. arrived on the Tiburon Peninsula, resulting in rainfall totaling over 7 inches in a short time period. Several landslides occurred during this timeframe, near 1435 Vistazo West and 2032 Paradise Drive. and the Council adopted Resolution No. 02-2019 on February 20, 2019 proclaiming a local emergency in the"l-own ofTibur-on related to the landslides. 1435 Vistazo West Slide Update The geotechnical report on the landslide is complete and has been submitted to the town for review. An engineering consultant hired by the Town has nearly completed the process of designing a permanent repair for the landslide which will consist of a serje�, of drilled piers, tiebacks, and a concrete retaining wall. Additionally. as part of this project. Public Works staff have been coordinating with Sanitary District 5 to include a planned replacement of the sanitary sewer main that was damaged during the landslide. It is expected that the design component of this project will be completed in the next week so that the repair project can be put out for competitive bids and constructed this summer. 2032 Paradise Drive Slide Update A contractor hired by the property owner at 10 Tower Point Lane has mobilized and cleared the hillside to expose the full extent of repairs that are needed. The geotechnical en(�ineer, structural TOWN or TiBURON PAGE I or 2 engineer, as well as surveyor for the project have visited the site and have updated their recommendations for the design and scope ofwork based upon updated field conditions. The town has provided comments on the updated repair plans and is awaiting feedback fi-om the designers. Alternating one-way traffic control is in effect with Uaggem during the normal workday. Construction to stabilize the slope will be ongoing and is expected to run through the summer. Local Emergency Status Update On May 1, 2019, President Trump approved a Major Disaster Declaration for the State of California relating to the severe winter storms and landslides that occurred on February 13-15, 2019 and approved public assistance for hazard mitigation for 1 1 counties statewide, including Marin County. Town staff has begin submitting requests and documentation to FEMA to request reimbursement for emergency related work and repairs. ANALYSIS Due to the ongoing nature of the landslides and associated emergency conditions, the Council is asked tonight to adopt a Resolution (Exhibit 1) continuing the declaration of a local emergency. The Council will continue to review the need for continuing the local emergency within 30 days. FINANCIAL IMPACT There is no direct financial impact to the Town through approval of this Resolution. It is not known at this time what the final cost of repairing the damage caused by the storm will be, nor is it known whether tunding will be available from State and/or Federal sources as a result ofthis storm. However, adoption of this Resolution will preserve the Town's ability to seek reimbursement if funding becomes available. ENVIRONMENTAL REVIEW Staffhas preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pw,nant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staffrecommends that the Town Council; 1. Approve a Resolution continuing the declaration of a local emergency related to damage caused by a storm which occurred between February 12. 2019 and February 14. 2019. Exhibit(s): DRAFT Resolution Prepared By: Greg Chanis. Town Manager Tow of TltiVRON - PACE 2 or 2 DRAFT RESOLUTION NO. xx-2019 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CONTINUING THE DECLARATION OF A LOCAL EMERGENCY RELATED TO RECENT STORMS BEGINNING ON FEBRUARY 12 2019 WHEREAS, the California Emergency Services /act. Chapter 7, of the California Government Code, commencing with § 8550 confers upon the governing bodies of the political subdivisions of this state emergency powers necessary to protect health and safety and preserve lives and property; and WHEREAS, S 8630 of the California Government Code, states that "a local emergency may be proclaimed only by the governing body of a county. city and county, or city or by an official so designated by ordinance adopted by Such governing body;" and WHEREAS, Section 21-5 of the Tiburon Municipal Code ("TMC) appoints the Town Manager as the Director of Emergency Services and TMC Section 21.6(a)(1) empowers the Director of Emergency Services to request that the Town Council proclaim the existence of a local emergency; and WHEREAS, on February 20. 2019. in accordance with California Government Code § 8630 and Tiburon Municipal Code Section 21.6(a)(1), the Town Council adopted Resolution No. 02-2019 proclaiming a local emergency; and WHEREAS, California Government Code § 8630 requires that the Council review the need for continuing the local emergency at least once every 30 days; and WHEREAS, the Town Council has adopted Resolution Nos. 09-2019, 12-2019, 16-2019, and 22-2019 continuing the declaration of local emergency; and WHEREAS, additional earth movement has occurred in the Town of Tiburon as a result of the storm system that caused landslides in February 2019: and WHEREAS, the landslides and associated emer«cncy conditions are of an ongoing nature and the emergency should not be terminated at this time: and WHEREAS. the Town Council does hereby find: That conditions of extreme peril to the safety of persons and property have arisen within this Town, caused by a series of severe storm systems v,pith significant wind-driven rainfall resulting in localized flooding. landslide and road closure. commencing on or about February 13, 2019; and a local emerocncy is deemed io exist in the Town of Tiburon in accordance with TONVII Council Resolution Nos. 02-2019. 09-2019, 12-2019, and 16-2019; and 22-2019 EXHIRITIIr 3 Town Council Resolution No. xx-2019 07/17/2019 That these conditions resulted in landslides on Vistazo West and Paradise Drive damaging those public streets and depositing debris causing the closure of local roadways and damaoing public infi-astructure and facilities; and That these conditions are likely to be beyond the control of the services. personnel. equipment, and facilities of the Town; and That the aforesaid conditions of extreme peril warrant and necessitate the continuance of the proclamation of the existence of a local emergency. NOW, THEREFORE, IT IS HEREBY RESOLVED that the Town Council has reviewed the need for continuing the declaration of local emergency and finds based on substantial evidence that the public interest and necessity require the continuance of the declaration of local emergency. BE IT FURTHER RESOLVED that the Town Council shall review the need for continuing the local emergency at least once every 30 days until the Town Council terminates the local emergency. IT IS FURTHER IZESOLVED that during the existence of said local emergency the powers, functions. and duties of the Director of Emergency Services and the emergency organization of the Town shall be those prescribed by state law, and by ordinance and resolutions of this Town approved by the Town Council, and by the Toiwn of Tiburon/City of Belveclere Emergency Operations Plan, as approved by the Town Council. IT IS FURTHER ORDERED that a copy of this proclamation be forwarded to the Director of the Governor's Office of Emergency Services. IT IS FURTHER ORDERED that a copy of this declaration be forwarded to the Governor of California with the request fi)r assistance though California Disaster Assistance Act (CDAA) fundim'. a Presidential Declaration of an Emergency or Major Disaster and any and all recover assistance the State of California can provide is requested. PASSED AND ADOPTED at a regular meeting of the Town Council on July 17. 2019. by the following vote: AYES: COUNCIL,MEMBERS: NAYS: 000NCILMElV113ERS: AR1 FIAlT• (,OI INl('II NAT_N/lPr:Rc- • ��v....• • �.��vi♦`-•v. vl L,Ivl 1.J L1\J. Pape 2 of 3 Town Council Resolution No. xx-'o19 07/17/2019 DAVID KULIK, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI. TOWN CLERK Pagc 3 of 3 Town Council ResolUtlon No. x,\-2019 07/17/2019 Town Council Meetin(I TOWN OF TIBURON July 17. 2019 1505 'l-iburon Boulevard Agenda Item: CC - 5 Tiburon. CA 94920 To: Mayor and Members ofthe ToN-vn COL11161 From: Office of the 'Down Manager Department of Administrative Services Subject: Approve a budget amendment in the amount of$150,000 to make a contribution to the Belvedere-'hiburon Library Expansion Project Reviewed By ,,4 N/A Gre�-, Chanis,Town Nlanaoer Benjamin Stock,Town Attorney SUMMARY The Council will consider a$150,000 budget amendment to make the first of four annual contributions toward the Belvedere-Tiburon Library Expansion Project in FY 2019-20. RECOMMENDED ACTION(S) 1. Approve a budget amendment in the amount of$150,000,with the source of funds being Unallocated General Fund Reserves. BACKGROUND At the June 19, 2019 re')ular"hog-vn Council meetin1-1, the Council agreed to make a $600,000 contribution to the Belvedere-Tiburon Library Expansion project split over a period of 4 years, beginning with the 2019-20 fiscal year. Staff recommends the Council approve a budget amendment in the amount of$150,000 to make the contribution toward the project. The next $150.000 contribution will be included as part of the FY 2020-21 budget. The source of funds for the proposed budget amendment would be Unallocated General Fund Reserves. ANALYSIS No further analysis provided. FINANCIAL IMPACT The COUncil approved a total contribution of$600.()00 from the Town toward the project split over a period of four years. The Col-11161 will be mmiking four(4) contributions of$150.000 each over the next four fiscal years. totaling $600.000. ToNvN OF T1BURON PAGE. I of 2 ENVIRONMENTAL REVIEW Staff has prcliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the Town Council approve a budget amendment in the amount of $150,000, with the source of fiends being Unallocated General Fund Reserves. Prepared By: Lea Stefani,Town Clerk "I oil N of h m lto.N ':1GE 2 ol;2 Town Council Meetin<l TOWN OF TII3URON July 17, 2019 1505 Tiburon Boulevard Agenda Item: CC - 6 Tiburon, CA 94920 To: Mayor and Members ofthe Town Council From: Office of the Town Manager Subject: Consider approval of Town's Response to Marin County Civil Grand July Report Titled: Wildfire Preparedness-A Neu-Approach Reviewed By: Greg Chanis,Town Manager Benjamin Stock_Town Attorney SUMMARY For this iters, C01,11161 will consider approval of the Town's response to the 2018-2019 Marin County_Civil Grand Jury Report titled: ff,&fire Preparedness-A Neiv Approach. RECOMMENDED ACTION(S) 1. Review and approve the proposed response and authorize the"hown Manager to sign and forward the response to the Marin County Civil Grand Jury. BACKGROUND On April 25, 2019, the Marin County Civil Grand Jury released a report entitled: Wildfire Prepcnredness-A New Approach (Exhibit 1). The report includes numerous recommendations the Town must respond to,with the responses conforming to the format required by Penal Code section 933.05. The topic of this Grand Jury report is important to all residents of Marin County_ and as a sign of' our commitment to addressing the issue in a collaborative.. countywide approach, the executives of Marin's municipalities and fire agencies have worked to�uctl1er to prepare responses to all of the report's findings and recommendations. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by adoption of this item. TOWN OF TIBURON PAGE I m 2 ENVIRONMENTAL. REVIEW Staff has preliminarily determined that adoption of this ordinance is statutorily exempt fi-om the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION StafFrecommends that the "Down Council: 1. Review and approve the proposed response and authorize the Town Manager to sign and forward the letter to the Civil Grand .Lary. Exhibit(s): 1. 2018-2019 Marin County Civil Grand Jury Report: Wildfire Preporechiess-A Neu Approach. 2. Draft response to 2018-2019 Marin County Civil Grand Jury report titled: Wildfire Preparechiess- A Nei+,Approach. Prepared By: Greg Chanis,Town Manager how or Tttit t�o� P:k(;i 2 or 2 2018-2019 MARIN COUNTY CIVIL GRAND JURY Wildfire Preparedness A New Approach Report Date: April 18, 2019 Public Release Date: April 25, 2019 e Sn • • COUNTY OF MARIN EXHIBIT 1 , Marin County Civil Grand JUI'v Wildfire Preparedness: A New Approach SUMMARY Marin faces unprecedented danger to life and property fi-om wildfire. The Grand Jury reviewed the conditions that make us vulnerable to wildfire, assessed the plans currently in place to correct them, and recommends a new approach to meeting these challenges. Fou-areas of vulnerability stand out: Vegetation Managlement: Fuel conditions make Marin extremely vulnerable to wildfires. Through a combination ofaggressive fire suppression and environmental policies, overgrown vegetation has created hazardous fuel loads throughout the county. The policies and procedures intended to manage and reduce vegetation are inadequate. Too few inspectors are available to determine compliance, and enforcement is too slow. Educating the Public: The public's ignorance of how to prepare for and respond to wildfires makes Marin vulnerable. Most people do not know how to make their homes fire resistant or create defensible space by cutting back vegetation. Many have failed to collect emergency supplies or plan for evacuations.Nearly 90% of the county's residents have not signed up to receive emergency alerts. Programs to educate the public for wildfire are not well known and are offered infrequently. The county's only organization assigned to educate the public about wildfires is understaffed. Alerts: The two crucial emergency alert systems in the county have a flaw that restricts their reach. Both Alert Marin and Nixle, as opt-in systems, warn only those who have registered. Evacuations: Evacuation planning is also a grave concern. Mai-in's topography creates great danger for those who live far from the main evacuation routes. Most connecting roads are narrow and overgrown. Some are constricted by traffic calming obstacles such as concrete medians- and bump outs which impede traffic in emergency evacuations. Plans to ease emergency traffic flov-v such as traffic-lioht sequencin<Y and the conversion of two-way roads to one-way flow corridors are years away from implementation. Marin's roads lack the capacity for a mass evacuation in Personal vehicles. Public transit is a neglected piece of evacuation preparedness and is underused. Inertia and complacency have prevented a proactive and nimble response to wildtire dangers. The Graand_JLirNfroposes: The creation of a joint powers authority to coordinate a comprehensive. consistent approach to pre-ignition planning funded by a '/4 cent sales tax. This new approach will remedy the gaps in our preparedness and demonstrate our political will to improve wildfire safety in Marin. 1171cdfire Preparedness:A New Approach INTRODUCTION The conditions that made wildfire a distant and unlikely risk have now changed. Through a combination of new weather patterns. aggressive suppression of natural wildfires, and pro- vegetation environmental policy, Marin has become extremely vulnerable to devastation from wildfires. We are living in a powder keg. Marin's first responders are highly trained and dedicated specialists who excel in fighting fires. Mutual aid among fire agencies and disaster coordinators operates seamlessly, and countywide agencies meet regularly to discuss pre-ignition (before a fire) and pre-suppression (before a fire is extinguished) preparation. However, there are significant disparities among fire districts in the policies applicable to vegetation management, education of the public, evacuations and use of sirens. Considering Marin's current state of preparedness, citizens should not assume that first responders will be able to save them fi-om the horrors ofa wildfire like those experienced during Butte County's Camp Fire. The deadly threat of fire creates an urgent need for new policies for wildfire preparedness which must be implemented without delay. These policies and practices must be made a top priority to ensure the public's safety. Marin County has been warned repeatedly that it stands one spark away from a major conflagration, but many of the county's governments continue to conduct business as usual. Uncoordinated pre-ignition planning,jurisdictional rivalries. and a glacial pace for implementation of improvements has lett the public in grave danger. This report argues for a change in civic Culture and suggests a mechanism to address many of the inadequacies in wildfire preparedness. The Grand Jury recommends the creation of countywide umbrella agency to fund. coordinate and lead pre-ignition and pre-suppression planning. METHODOLOGY To prepare this report_ the Grand .Jury: ■ Interviewed county officials and fire chiefs. ■ Interviewed individuals in law enforcement, arboriculture, emergency planning. wildfire education, public advocacy. transportation. and public transit. ■ Surveyed current fire preparedness procedures and practices. ■ Reviewed newspaper articles. ■ Examined websites. ■ Studied wildfire and firefighting blogs. ■ Reviewed emergency alert platforms. ■ Researched emergency transportation studies. ■ Considered previous Grand Jury wildfire reports. ■ Visited 2017 and 2018 wildfire sites in Sonoma and Butte Counties. April 18. 2019 Marin County Civil Grand .Jury Page 2 of 37 lf'ilclfire Preparcch?ess: A Neer Approach DISCUSSION Vegetation Management The danger of a catastrophic wildfire in Marin exists in part due to vegetation management policies. Approximately 60,000 acres fall within the wildland urban interface (WUl), where residences are intermixed with open space and wildland vegetation. The Marin County Fire Department estimates there are upwards of 69,000 living units valued at $59 billion within this area. which borders virtually every city and town in Marin. While vegetation management is critical throughout the county, its importance is elevated in areas where homes and residences are within the WUI.I Photographs of Marin County in the first half of the 20th Centm-y reveal a landscape of open grassland with a smattering of trees and bushes. When the Golden Gate Bridge opened, many new homes were built, and more vegetation was planted. Marin now consists of homes, businesses, and shopping centers stu-rounded by densely overgrown vegetation. This overgrowth constitutes an enormous hazard that could fuel a firestorm and devastate our communities. Wehcr_Jason and Nei IL Chi isLie. :'t; Alarm(ounr t'nit SualcYic Iirc P!alI A- nunuitit\ A\ildIiI CI'n ,'i.0 section I.0-Acccssed 12 Sept.2018. April 18. 2019 Marin Co(ulty Civil Grand Jury Page 3 of 37 Wihc re Preparedness: A A/c,it Approach }Rif , i 1� � 1 , K 4 5 x 4 wss View from Not.Tanuilpais in dais gone hN (top)and today 2019.(Bottom photo: Eileen Alemander) Overgrown vegetation also threatens Mann's roads and evacuation routes. it narrows these escape routes- many of which will be impassable in a wildfire. As happened in Paradise. panicked Marin residents may try to flee only to find the roads impeded by humin« vegetation. fallen trees. do\yned power lines, and stalled cars with melting engine blocks.'` St.John. Page Serna.Joseph.and I_in II. Rong-Gong. .A leis <<,dic niati and h rn i>�i':.I.i.t).:�1_t?.: LA Time.,.30 Dec. 2018. April I S. 2019 Marin COUnTV Civil Grand Jury Page 4 of 37 Wihc fire Pre1)ared,,7ess- A Ne1tr Aj)jwoach m f0E Mfr xVV , it a WK s �,yi3/ P ti2arj�s- //✓/a3r 3 Lam.,- � , `7 ^'. :�, a ,. �. r �"�r•z�� j�j'�/ .c/,� 1, ,,, a s�v ;„:r°"r�r "i�"�f€a'�' Burned Cars and MeltedAluminum ti•om f_ngtne Block C aUSCd by I_.Xu-eine I Icat in Camp lire_November 2018.(Jane Tyska/Bay Area Ne4vs Group) Phe Afercury Acus.Published Nov. 13,2018. Overhanging trees, thick underbrush, and vegetation that have grown too close to structures also pose serious threats. First responders will bypass evacuated homes that are overgrown by vegetation. Instead, they will move on to homes that have defensible space rather than attempt to save a structure that has none. Facts: I. The federal government and the State of California own thousanCls of acres of ungroomed open space in the county. 2. The Marin Municipal Water District owns approximately 21.500 acres ofwildland3 and has been clearing only 30 acres per year. 3. Marin County Open Space District owns approximately 16.000 acres of�\ildland, but only about 10%are managed to reduce fire hazard annually.` 4. According to the Marin County Assessor's Office. approximately 4.400 s acant lots are in the county.They are usually not well maintained. or maintained at all. and as a result are dangerously overgrown, often with pyrophytic (fire prone) plants. 5. The vegetation management policies and practices by the county fire Clepartments and districts are not Uniform. A1.AaA\L). Alarm;Flunicipal Weller District. Accessed on 14 'Mm..2018. Spotswood.Dick.--(ImILnec hccomc_ in y i>it to AI.Ni\1 i)� �i1s: �..��.11�irin li�d��pc�ncleni./"t�rnril.25 Sept.2018. Dorton_Max." 010-17:Annu��l Kegort.':Ilarin('01,1111 Parks anal Open.Spm e. p.3.Accessed 6 Mar.2019. April 18, 2019 Marin County Civil Grand ,lury Page 5 of 37 Wildfire Prepure(hwss: A Aicn,.fpproach 6. The number of dedicated vegetation inspectors. who are also trained firefi-liters. varies significantly from one department to another. For example,the largest fire department,the County of Marin. has two chief officers, two captains, two part-time inspectors, and foto-to six seasonal defensible space inspectors. In contrast, many smaller departments cannot dedicate even a single firefighter to full-time inspection duties. 7. The number and frequency of vegetation/defensible space inspections vary significantly among jurisdictions. S. Jurisdictions differ regarding the vegetation that is or should be banned. For example. San Rafael requires but fails to enforce the removal of juniper and bamboo as they are considered pyrophytic plants, but most cities and towns have no list of prohibited plants. 9. In residential communities, the lack of vegetation inspectors requires some departments to conduct only "windshield" inspections, where engine crews drive through neighborhoods looking for obvious violations that can be seen fi-om the street, often missing hidden hazardous conditions. 10. Where hazardous conditions are observed and corrective notices are issued,jurisdictions rarely have the resources to follow-up and confirm the violations have been remedied. 11. The formal procedures to take action against code violators vary from one jurisdiction to another and none provide a streamlined process that will accomplish corrective actions in a timely manner. 12. Vegetation management is a repetitive task that needs to be performed at least annually; it requires clearing underbrush, mowing grass, limbing-up trees and disposing of dead matter. Two charts summarizing current vegetation management practices in all of Marin's fire jurisdictions are attached as Appendix A. Educating the Public Another essential issue is education of the public. To reach everyone in every neighborhood the number of Firewise Communities should be expanded through the efforts of Firewise USAT`r and FIRESafe Marin. These two oruanizations support Marin County neighborhoods to reduce wildfire risks by educating and motivating citizens to mitigate hazards and prepare for a wildfire disaster. Firewise Communities are neighborhood groups certified by Firewise USA. a national organization that teaches people about the risk of wildfire and encourages neighbors to take immediate action to protect their homes and improve their safety through neighborhood-wide collaboration. Communities develop plans that guide their risk reduction activities and develop collaborative efforts for neighbors to work toward building a safer place to live. Marin already has over 30 Firewise Communities. FIRE-Safe Marin is a local non-profit information organization dedicated to wildfire risk prevention and increasing tire-safety awareness in Marin County. This organization provides education. resources. tools. and on-going support for neighborhoods to form Firewise COmmunrtres. April 18. 2019 Marin County Civil Grand Jury Page 6 of 37 fl'iidfire Preporedness:A Nein Approaeh FIRESafe Marin also provides information and literature to the Fire in Merin! program that is held each wildfire season. Only a single volunteer delivers the Fire in Il1lurin! program thereby limiting the number of sessions and attendees. In addition. there are a number of emergency preparedness programs offered, most of which cover all disasters, not exclusively wildfire. These are delivered by volunteers or fire departments. Most public education sessions have been notable for the predominance of older residents and the paucity of parents of young children. Even if all local fire jurisdictions in Marin were to act too,ether_ more personnel would be needed to make sure everyone gets the messa0e and gets prepared. This must be done at a grass roots level. Marin Firewise Communities have shown that they can generate much more neighborhood participation and preparation than public agencies are able to do. In order to involve all neighborhoods, FIRESafe Marin needs to expand its staff and activities from its one current part- time employee. Education Of the public is essential to enable Marin residents to reduce damages and destruction, to escape wildfire, and to survive. Educating and informing the public requires complete disclosure. This includes posting all possible evacuation routes and other exits including stairs, paths, fire roads and shortcuts. It also includes malting all appropriate geographic information System maps easily understandable so residents can see and evaluate their own individual properties and situations regardless of possible commercial misuse by the insurance industry or others. By providing all information, emergency planners will enable people to make the best decisions for their own safety and survival because people cannot rely on being protected and rescued in a large emergency. Wildfire is Coming: Are We Ready? Ultimately, to be prepared for wildfire.. everyone must take responsibility for their own property and join their neighbors to build strop(,. fire resistant communities. We must shake off apathy, ( et informed, and act. Citizens have to ask themselves, "Am I ready and do 1 know what actions to take?" For example, have I... I. Created defensible space around my home? 2. Hardened ill), home against ember showers? 3. Discussed evacuation plans with my family? 4. identified two exit routes from my neighborhood? 5. Stocked emergency supplies to last 72 hours? 6. Signed up for all emergency alerts? 7. Packed a go-bay,? If the answer to any of these questions is no. our safety authorities have failed to meet their obligation to educate and convince the public. or our citizens have failed to incorporate their message. Prompt action is needed while there still is time to prepare. April 18. 2019 Marin County Civil Grand Jury Page 7 of 37 I,Vildfire Preparedness:A Noir.=fpproach Facts: 1. Public education on wildfire preparedness is delivered inconsistently via websites. email. and in person in neighborhoods, homes, pop-up meetings, and classes. 2. County wildfire education policies are not consistent across towns/cities nor is the application of those policies. 3. Marin has 30 plus Firewise Communities which encourage neighbors to help neighbors to prepare for emergencies. 4. Only about 10%of Marin residents are signed up for Alert Marin. 5. Only a small percentage ofMarin's citizens have attended a wildfire safety preparation meeting. 6. F1RESafe Marin has only one part-time employee to educate the entire county. 7. Emergency preparedness information is occasionally offered by CERT. Get Ready Novato, Neighborhood Response Groups, Fire in Marin!, F1RESafe Marin, FireWise Communities and fire departments. 8. There are no other countywide government sponsored programs that cover wildfire preparation. 9. Few residents take advantage of home visits provided by fire departments to assess their properties' vegetation and fire hazards. Two charts summarizing current programs to educate the public in the county are attached as Appendix B. Alerts When a wildfire starts. emergcncy managers implement a number of alert systems to protect the public. It is critical that those in the path of a deadly wildfire receive accurate and timely information. The effectiveness of these warnings depends on the reliability of all alert system technologies and their rapid implementation through the emergency command structure. Alert Technologies and their Weaknesses Marin County has overlapping alert systems, which can be implemented for emergcncy events. Such redundancy is important as no single system will reach all residents at all times. Emergency managers use the Emergency Alert System, Wireless Emergency Alerts. Alert Marin. Nixie and. in some tine districts, sirens. In addition, emergency services use television and radio bulletins. and social media such as Facebook, Twitter, Nextdoor, and Instagram to inform the public. As a last resort. law enforcement personnel and fire fighters may ego door to door or use loud speakers to deliver evacuation orders. Emergency Alert System is used for catastrophic events. It is a national vwarning system. but state and local authorities can use it to deliver local emergency information. It reaches April 18. 2019 Marin County Civil Grand Jury Page 8 ot'37 Wildfire Preparedness: 1 Neir Al?proach the public via broadcast. cable. satellite. and wired communications pathways. I lov\evcr. if posa'er is lost or the devices are ss\itched ofl: the alert fails. Wireless Emergency Alerts (WEA) is a system that employs "push notification" alerts. It reaches mobile devices by gcographicall� targeting cell towers in a certain area. It sends text-like messtigcs that s\arn of imminent threats to safety in the area. WEA does not require telephone subscribers to sign-up. The disadvantage of the WEA system is that it is geographically imprecise. The message can "bleed over" to those who drive in and out of a cell tower's range so it can reach more people than the intended recipients ofthe warning or evacuation order. Because of this, emergency officials hesitate to use it, as was the case in both the Tubbs Fire in 2017 and, again, in the Camp Fire in 2018. Recent history has shown that early use of WEA might be less dangerous, even if too many people are notified, than the risk of using it too late. Despite its over-reach_ it offers at least a chance of escape to those in danger. If WEA is used too early and too many people receive an evacuation notice, at worst, it will provide a real-time. full scale evacuation drill for those involved even though it might strain evacuation routes. Additionally, cell tower locations are proprietary information and therefore emergency officials cannot be sure when sending out a WEA that the information will be transmitted to exactly the right geographic location. Emergency planners discovered that in the East Bay, an emergency alert was issued to a specific location and after the event it was revealed that the alert had not gone through because no cell towers were in the targeted geographic area. Further, alerts only reach WEA compatible cell phones that are turned on, that are within range of an active cell tower, and whose wireless provider participates in WEA. Significantly, in the context of wildfires, Vv EA are also vulnerable to failure because if cell towers and power lines are destroyed. phone contact will be lost, and alerts will fail. Alert Marin is the most precise way to tarLet those populations that need to be warned of danger. It is considered to be the first-tier emergency notification system for the county. It reaches land lines. and for those who re-ister. cell phones, email, and VOID (Voice Over Internet Protocol) connections. Alerts are sent to individuals who are registered to specific postai addresses and contain vital, but short, instructions such as speller in place, prepare to evoczrcrle. or evacimle noir. These directives remain in effect until the situation changes. Alert Marin keeps leavin�� messa��es until the recipient responds. Alert Marin is designed to provide messages to the public using pre-written templates. so its directives are terse. inflexible. and not explanatory. Consequently, after a recent fire event on Mt. Barnabe in Marin. fire officials were told that some recipients were ApriH8, 2019 Marin County Civil Grand July Page 9 of 37 Yhilclfire Prepuredness:A Ne►n Approuch confused because the information conveyed was so brief or not updated as the situation unfolded. Alert Marin is an opt-in service that only reaches those who have signed up. The fact that it is not opt-out is a significant weakness. The Marin Office of Emergency Services (OES) estimates that only about 10% of Marin residents are registered with Alert Marin. In addition, like WEA, Alert Marin is vulnerable to cell tower damage and therefore its communications may fail to reach people in the path of danger. 11 Nixie sends out a text messages to smartphones. It reaches an entire zip code. Messages are sent from different safety authorities to inform the public of local conditions such as roadwork, accidents, weather. and other events. Emergency officials find Nixie a useful and flexible means of transmitting warnings and updates in dynamic situations. It is hard to track how many people subscribe to Nixie because it is a zip code-based registration system with multiple zip codes easily added by one phone subscriber. Emergency planners believe that a low percentage of Marin's residents are signed up for Nixie. A disadvantage of the Nixie system is that people might develop "Nixie fatigue." They may stop reading their texts because Nixie is used by so manN different agencies and alerts are sent so frequently, including situations that they don't consider dangerous or relevant. Another disadvantage is that Nixie.. as with Alert Marin. is an opt-in system and that it is vulnerable to failure when communications systems are overwhelmed or when cell towers go down. Sirens do not depend on wireless technology and therefore they are less likely to fail at the same time than other alert systems. Their disadvantages are that sirens cannot be heard everywhere or by all people and then do not convey specific information unless they have a voice communication system attached such as a Long Range Acoustic Device (LRAD). Social media are useful but also subject to cell tower failure. Also, social media cannot reach those who are not online. Radio and TV bulletins are reliable because they are independent of cell towers and they operate on different frequencies in the wireless spectrum. Radio and TV, however, require power and access to equipment. To serve as a reliable alert system such devices must be on at all times. Megaphones are used when all else nails. Police and firefighters drive through neighborhoods to warn residents with loud speakers and horn,. They also may knock on April 1 8, 2019 Marin Count\' Civil Grand .1111'v Page 10 of 37 YYildIire Preparedness:A A/c it, .1hProcrch doors to announce all MICltatlOn. While these methods are highly effective, they are time COIISllilling. dallgerOUS. Waste Skilled Manpower and provide the least alllOullt of advance notice. 11/lass i'motification Landscape y E1AS arp ack bk sbvst L 7TiTTF"T'T" S 3> Y „ M l..1.17 YX IN Sirensy/Horns, gg p} +Iii, 4 `rse c'f t �. Evgrbrldcge G,odeR]ED, , r x NIXLE lip Social Medla* Woody Baker-Cohn. h:mergajcy Service,Coordinator. Marin County Sheriffs Office of Emergency Services Having multiple alert systems is essential to reach the greatest number of residents who are in the path of fire danger. No single system is adequate because at some point, each is vulnerable to failure when put to the test. However, designing a warning system that requires the public to sign-up and then failing to advertise adequately its existence, fails to meet even minimum standards ofenlergency preparedness and common sense. Evacuations I laving alerted the public to clanger. the next step is to evacuate large groups away from an oncoming wildfire. Evacuations will be difficult; they have not been well planned or practiced. Evacuations in Marin will be chaotic. and Could be deadly, during a wildfire. Evacuation Dam-e-s and Concerns The geography of Marin County is varied and most of the county is open space, much of which has become dan�'UerOUSly ovel-grown. The majority o'fMarin's population is concentrated alone the Highway 101 corridor. Access fi-om residential neighborhoods to the fi-eeway iS usually crowded, through narrow corridors. and often deliberately constricted. Some smaller ConlnlunitieS in West Marin are Situated along Highway I, Sir Francis Drake Boulevard. and Novato Boulevard. the countv's main cast/west routes. These roads, and Highway 37, would be main evacuation routes to or fi-onl 1-lighway 101 to escape a wildfire. None of these arteries is designed to accommodate mass evacuations. April 18. 2019 Marin County Civil Grand Jtu'y Page 1 1 of 37 Hlikc ire Preparedness:A Nerr Approach About 69,000 homes in Marin are in the WU1.(' Due to surrounding vegetation and proximity to wildlands these areas are considered to be at greater risk ol"wildfrres. In the WUI, many residential communities are in steep, box canyons with only one entry or exit road. Houses built on hills are frequently connected to safety only by narrow, winding roads that lack shoulders and have a steep drop to one side. Roads in these areas also snake through hills covered by dense vegetation. The topography and overgrown vegetation ofthe county makes us vulnerable to catastrophic evacuation failures. Indeed, all areas in Marin are vulnerable to swildfire and evacuation failure no matter whether they are situated inside or outside of the WUI. Those shown on the county's fire hazard severity zone maps to be located in low fire risk areas are also vulnerable.' Ember showers and fire tornadoes are frightening characteristics of recent, devastating fires. In wind driven wildfires, embers travel miles ahead of the flame front. igniting new fires. For example, Coffey Park in Santa Rosa is not in the WUI: it abuts Highway 101 and was totally destroyed by the Tubbs Fire. In fact, fire authorities are beginning to consider hazard projection maps misleading because people rely on them mistakenly believing that they are safe.8 No neighborhood can consider itself immune to the ravages ofwildfire and difficulties in evacuating. Evacuations in the Camp Fire proved deadly. Poor vegetation management on both sides of the evacuation routes created fuel loads that sent temperatures to over 1500 degrees. This intense heat melted tires and wheel rims.. and many newer cars simply ceased to operate when their air intake temperature sensors detected extreme heat. Roads were blocked with abandoned cars, fallen trees and downed power lines, which led to panic -- creating a lethally dangerous situation for those attempting to escape the fire. A number of people died in their cars while attempting to evacuate. -`t E d t:d_A Sidi r;,i.'�� t ::r P ut t)! d Bt J _.Comm ol.11arin.Acresscd on 22 Feb.2019. 7"\1 ildland 1 Ll/,l d buil lin ( odc': I il" I `I ipl-;_-Cal Fire.Accessed on 13 Mar.2019. Pera.Maul-'Mill ill .1/cu-m 110epenclemJournol.6 Jan.2019. 9 Krie'er.Lisa and Debolt_Dai id."C amlr I =w._J >.� "i,rt,.�i\ tllc\_ -c i\ed no cellPhonc aleru to r\acuate.or to �of lire~ Rc,id'llt: i;mnt:d I i!c I M . . L,r_. ��.i �n,.l ],)c Uercurt :Aeu's.Nov.18.2018. April 18. 2019 Marin Countv Cis d Grand Jury Paste 12 of 37 Wik(frre Pi-cparechiess. A New Approach J r �" � a � 3 �� A a y / a VIV ff M 20- W. POW a / R 10101,20 l��f 3f6 6 s,� "{f'.c✓"�' g/. ' \ » \ W ti I ✓rte e Y?u.F/ N/u.... "�v��"�^5s/ .ww> i�`?�� Z"y�/ �> ..�, ✓taa' nh Burned Cal:s and Downed I,owcr Lines Block Pearson Road in Paradise.California,on SatwRday.Nov. 10.2018.I.Iane Tvska/13av Arca News(3roup)San Jose Allercauy News,November 17.2018. The Grand July visited Paradise in January 2019 to view the disaster. See Appendix h to this report, which compares Paradise's wildfire preparedness before the Camp Fire with Marin's current state of'preparedness. Marin County has failed to manage its vegetation adequately and its evacuation routes are narrow and overgi-mvn. The public IS not sufficiently prepared or drilled in evacuation procedures and first responders cannot handle evacuation events with the speed and scale required by the neV-v. routinely occurring megafires. Even when drills are practiced.. they occur-on a small scale. using unblocked roads, with clear information and no panic (See Appendix E). The mass nnovennent of populations in an unpredictable, dynamic emergency needs meticulous planning. Fire departments wort: with law enforcement to manage evacuations and neither may be able to muster sufficient personnel to handle it. The staftinu, of enner(-,ency personnel in Marin is a matter of concern. According to the Grand Jury report in 201 1- only 20-30% of first responders live in the cownty.10 That number is likely to be even lower now. Considering how fast a wildfire travels and how few police and lirefighters would be on duty to handle a sudden threat, the county's reliance on a prompt response from non-resident. reserve and off-duty personnel is unrealistic. They could be delayed Tor hours because oFroad da]Mloe or congestion, if they even arrive at all. A n- Al l otI I:�ids ' .Aurin Couniv Civil Grand.herr.21 .lune 201 I.p.1. .... _.._.. ..._..... ... April 18. 2019 Marin County Civil Grand Jury Page 13 of 37 Wildfire Prepare6lness:A Nerr Approach Marin's narrow roads cannot all be rebuilt, but existing, wider roads and those that are major evacuation routes should not be narrowed or impeded. Some roads now have obstacles such as concrete medians, sidewalk bump-outs. lane reductions, speed bumps and other"traffic calming" techniques. which will significantly hinder evacuations. The lethal danger these obstacles create outweiulhs the benefit a community achieves by reducing the "expressway feeling" that busy roads give to a pleasant town. The possibility of a mass evacuation now rises to a significant daily risk in the fire season: constricting already inadequate roads seems reckless. Plans to ease the flow of traffic along existing evacuation routes are far from ready. The use of traffic-light sequencing which could be used to improve the speed and flow of traffic along evacuation routes such as Sir Francis Drake Boulevard are being discussed, but implementation is years away. Other roads that might be suitable for this life-saving innovation have not yet been considered. Additionally, contraflow arrangements. making two-way roads into one-way thoroughfares, is essential to move people more swiftly. Contraflow can increase the directional capacity of a roadway without the time or cost required to construct additional lanes. 1-lowever.. eontratlow procedures have not yet been developed or tested for the county's main evacuation routes. No traffic studies have been performed to determine how long a mass evacuation would take for an entire community. Consequently, comparing the time a mass evacuation on available exit roads would take with the duration of an evacuation on contraflow routes and routes with sequenced traffic lights_ has not been considered in evacuation planning. These omissions put the public at grave risk. They will make mass evacuations along Marin's inadequate roads a predictably terrifying. if not deadly. event. Use of Transit in Evacuations Finding that plans for residents to evacuate in their own vehicles down Marin's narrow roads has not been adequately addressed. the Grand Jury examined the county's plans to use public transit to ease congestion along routes that cannot or will not be improved, straightened or enlarged. A vital part of evacuation planning in Marin County should involve the participation of public transit. In the Tubbs tire. a memory care facility was evacuated by bus drivers who, on their own initiative. drove to the facility and rescued the residents.11 Public transit is an underused resource for es acuations. It must be included in emergency planning- because buses can carry numerous passengers who otherwise might be trapped. Marin residents who do not have cars cannot simply drive away from a wildfire, yet planners have not identified hose mangy non-drivers svorlld need rescue. McCallum. Kevin. ,, .!,i I: ��:> ic;��-lig, .< h,�TI I uhh, Iirc rcIcue."Smmt Rosa Press Democivi. j Jun.2018. ........... ........ .... ............ ......... April 18. 2019 Marin County Civil Grand Jury Page 14 of 37 IIJ,ildfire Preparediress .A Neil•Approach A major national report by the Transportation Research Board of the National Academies found that transit should be involved in both planning and implementation procedures of an emergency evacuation. It specified that "transit agencies should be part of preparedness plans and represented in the emergency command structure. They can also play a vital role dur1110 the response phase. in both helping to evacuate those without access to a private vehicle and gorging emergency responders and equipment to the incident site. Additionally, other emergency transportation preparedness studies reviewed by the Grand .fury make it clear that for an orderly evacuation, large populations cannot be moved without transit being fully represented in the chain of command in an emergency operations center(EOC),I' In Mai-in's EOC, transit is only represented by Marin Transit. Golden Gate Transit emergency managers. SMART representatives, Whistlestop, Marin Airporter and ferry operators do not have a seat in the room. The current arrangement is that Marin Transit will keep Golden Gate Transit and the other transit agencies informed and on standby. This places most transit agencies too far from the emergency command structure in the operations center and will lead to unnecessary delays as information has to be relayed to and from these other agencies before any assets can be deployed. These emergency transportation studies indicate that an evacuation usinLI public transit requires real-time communication between transit operators and emergency managers prior to and during emergency evacuations. This entails integration of communications within a transit system, among different transit agencies and between transit and other governmental safety partners. Currently. Mann's transit communications fail to meet these standards. Transit communications are not properly integrated into the Marin Emergency Radio Authority (MERA), a multi-agency Com nn unications system. In 2014, a special parcel tax was passed to bund MERA's Next Generation radio equipment, a system that was intended to improve its interoperability and integrate emergency eolnnnnunications services into a unified system. Despite this. units in the field of both Golden Gate Transit and Marin Transit still cannot Com nn unicate directly ,vith each other, with other transit agencies or with other nnutual aid safety partners and first responders to coordinate emergency activities because the neve equipment has not yet been installed. It is expected that the new system will be up and runnillg by 2023. This lLillure impedes the county's ability to deploy transit services and help evacuate large populations in an corer<"cncv. auu��u Ott uotn Ctuerm Ui integration with the command st1-ucun-e and iuiiy integrated conununications, transit is an underused resource of evacuation preparedness in Marin. ra. ;t in I mci 3,211c\ h ilcumuion ]mw p�mlltionRc�c_uei� Bolu l ui the ;eau!" ! 11_�,�.icl rm�_,�� r al R"pel t ?V!. 7imisportation Ree,arch Board 2008.p.3. Schwarz.Michac-' A.and Litman.Todd A."I-\acuzilion Slmioll In,,u;_ol I'Llhli�l lil:i11r_nt i u,1 ii_IAI_n;i_cmCllt 171: lourrr(/7 on the I1'eh..Ian.2008. - - - Scanlon. 1 "1 ra! ),l( ,i In 111 I mcrt u�c .�: .0 OItcn Ac I:cl�dtorv, Dis(Isler Prelcjllion mil.17anagemenr. Vol. 12.No.5 _ . 2003. April IS. 2019 Marin County Civil Grand Jury Page 15 of 37 [Wildfire PreParech7ess: A Neir App-ouch Impediments to Progress Much could be done to greatly improve Marin's wildfire preparedness in all the areas mentioned above were it not for public and private inertia, governmental distrust of the public, and instances of bureaucratic complacency. In the face of wildfires' unprecedented threat, our political culture must change. We must prioritize public safety now. We need to adopt a new wildfire safety ethic. In the last twenty years, the Marin County Civil Grand JLu-y has issued five reports on the dangers of wildfire and the importance of being prepared; the most recent was released in 2013. County elected officials overseeing multiple departments and agencies have been required to read and respond to the reports' recommendations. Although summaries have been published ill the Alorin Iwdepei7cici7i.Ioi.ii-ncrl and other publications, not enough has been done publicly or privately to improve countywide preparedness. In some cases, local government does not trust the public. It "spins" information to avoid an adverse public response. Government officials and first responders would like the public to believe that all evacuation routes have been cleared of roadside vegetation, all designated access and egress roads are accessible and passable, and that traffic congestion can be handled by police officers who will be in place at critical intersections. The public would be mistaken to believe this. Emergency planners in many jurisdictions do not publicize all possible evacuation routes and other exits including stairs. paths. fire roads and shortcuts because they think that wildfires are too dynamic and unpredictable. They fear that residents will focus on a predetermined route even though changing conditions might make that route unfeasible. Withholding information prevents people fi-onl planning ahead for their own evacuation or improvising as circumstances change. It is precisely the unpredictability of wildfire that makes it essential that all possible escape routes be known well in advance. Only ifthey understand all the options can residents make well- reasoned decisions ill Lill foreseen CiNUIllStanCeS. 7Fhe public needs to be protected from wlldtne. not frons knowledoe. Studies have shown that to build public trust, those in authority positions must be open.' Trust affects evacuation behavior in emergency situations and is vital to avoid panic. To gain the public's trust. enleruency planners must trust the public, keep them fully informed and explain the limits of their ability to help the public in an emergency. Governments must make it clear that alerts might fail and evacuations. if possible at all, will be dangerous, unpredictable and slow. If the public understands that nothing is being hidden. they will make preparations for themselves. trust that the information provided to them is both accurate and as complete as possible and respond to an emergency order V,Ithout delay or panic. DrurN..lcslm and ('ockins.Chris i h�AL_ ,P��\dI')Ios,\ of I) Ind I:III cr!m)n \ I.sacuatikm,\ kc, arch Rapp( nil ,.101 i;r.�t 'c"DeparmIerni oll'�r-ch ologt. 1.nn�ersitro/Sitsse.r. Marc11 2007. April 1 8. 2019 Marin County Civil Grand Jury Pal_,e 16 of37 11"ilclfire Preparech7ess: 4 Neir Approach The Transportation Authority of Marin (TAM) is an example of bureaucratic complacency and evasion of responsibility. TAM's,job is to oversee the use of*its 2004 sales tax money with a "single goal: [i]mprove mobility and reduce local congestion for everyone who lives or worl<s in Marin County by providing a variety of high quality transportation options designed to meet local needs." Also, improving Marin's roads and preventing evacuation congestion tits squarely with the provisions of'TAM's new 2018 Expenditure Plan which requires it to spend Measure AA dollars to, among other things, "[m]aintain, improve, and manage Marin County's local transportation infrastructure, including roads ... to create a well-maintained and resilient transportation system" and to "[m]aintain and expand local transit se►-vices.',16 Despite this, TAM has not involved itself in planning for mass evacuations. or to irnprove the county's roads. evacuation routes, and other emergency infrastructure for large scale emergencies. 'The Grand Jury was unable to determine why this is so since TAM's authorizing legislation allows it to perform these functions.17 18 Further, citing concerns about liability, TAM has been resistant to even convening a discussion to address evacuation congestion planning. Although it administers a "Safe Routes to School" program to reduce congestion, TAM claims that making routes safe from fire is not within its power or responsibility. Wouid not addressing evacuation planning and procedures "improve mobility and reduce congestion" for Marin residents and workers escaping wildfire? Bureaucratic inertia and the shirking of responsibility are dangerous to everyone. Another instance of potentially devastating complacency concerns the fact that both Alert Marin and Nixie are opt-in. Having estimated that only about 10% of Marin residents are registered with Alert Marin, and most likely the same with Nixie, the OES and other county officials should not be content with this dismal number. To date, little effort has gone into increasing registration with a public information campaign: no media blitz, bus advertisements, billboards. mailers or public service announcements. The fact that the vast majority of the county cannot be reached by its two most important warning systems should be ol"urgent concern. However, the Grand Jury considers that a public information campaign, even if implemented, would still be inadequate for public safety. The OES should Facilitate the inclusion of all Marin citizens into Alert Marin and Nixie to make them opt-out systems. Both should have a database containing residents' contact information. This information can be obtained from a variety of sources. Let those with privacy concerns opt-out. This is a matter of life or death for the ninety percent of Marin residents who are not registered. County and local governments cannot afford to manage vegetation. Property owners must be responsible for doing much ofthe work. Despite this, countv and local officials have made little effort to impress upon property owners that their safety depends on individual action. Few 16 i in.spoil Authorit� of NImin '018 I iiml I �nen�itmcI' n.Accessed on 15 Mar.2019._. ....._ .... _ ,,.... 17 «ria i P€tq, 'ci d . Division 19.Chaptets.1-6.Sections 180000-180264. is I\csoltit ion No.2004-21_11arin CoumY Board of Supervisors. 2 Mar.2004. April 18, 2019Marin County Civil Grand .luny Page 17 of 37 1117i1c fire Prepurechies,s:A Noir Approuch programs or subsidies are offered. Our local politicians reliance on public participation without adequate public outreach and education is a poor response to mitigating a significant hazard. This slipshod approach to public safety seems to rely More upon the hope for good luck than it does on rigorous planning. Appendix E to this report lists what a former Federal Emergency Management Agencv Administrator describes as the seven deadly sins of emergency management - each one can be found in Mann's plans. Why do we have inconsistent vegetation management, inefficient fire code enforcement procedures, and spotty public education? Where are our best thinkers and planners? What is every government agency doing to protect the public from the catastrophic dangers we now confront? Our priorities and attention are elsewhere. Despite the laudable efforts of Mai-in's fire chiefs to create a bold new approach to pre-ignition and pre-suppression issues, other entities such as city councils, transportation agencies, environmental groups, regional/urban planners, and land-use activists are not addressing the wildfire risks that climate change has brought to our daily lives. Environmental activists discourage vegetation removal and controlled burns, elected officials allow development in the WUI and choke evacuation routes with obstacles. These policies reflect an old reality and old thinking. The environment, housing, and traffic calming efforts are important, but the consequences of these policies are not being reviewed or modified to address the new hazards created by wildfire. Wildfires ravage the environment; they create massive air quality issues, toxic waste, mass destruction, and most importantly, they cause death. Whether through lethargy, indifference or inflexible thinking, many policy makers, emergency planners. and government agencies do not prioritize wildfire safety. nor do they seem willing or able to act nimbly to forestall an impending disaster. Two charts sunmnarizing current countywide evacuation and alerts issues are attached as Appendix C. April 18. 2019 Marin County Civil Grand Jury Pare 18 of-37 I hildfire Preparedness:A Neer Approach �,t4�Ji13 F'ZI�t Worst air on Earth State urged tO take steps t0 protect public 7 H s Y Po �\ Air Quality Dw'ing the Camp Fire. Marin Independent Journal dated November 17. 2018. (Risberg, Eric. Associated Press) CONCLUSION Proposed Umbrella Entity In response to its pre-ignition and pre-suppression planning concerns. the Grand Jury proposes the creation of a countywide entity whose purpose would be to coordinate fire preparedness throughout the county regardless of the political jurisdiction. This proposed umbrella entity (the Enity Vv Oii�ii i�0� pivpOsi: i0 iiitci ICIc -villi al.tLldl IIIC-Il11lltlllg Iss TICS 1101- WUUIU It attelll pl a cotmtywide consolidation of fire departlrtents or districts. Its mission would be to locus on pre- ignition and pre-suppression issues only. Proposed Powers The countywide Entity would have authority to investigate. create. propose, and cavy out programs and processes in the following areas: April 181 2019 Marin County Civil Grand July Page 19 of 37 Hlildfire Prepca•edneSS. A lVe11'Approach 1. Vegetation management: Create a countyyvide group of at least 30 plus full-time vegetation management inspectors with authority granted by each Constituent jurisdiction to inspect property throughout the county regardless of the city/town or county where the property is located.The inspectors would be authorized to issue citations to enforce countywide protocols established by best practices for safe vegetation management. The Entity would create uniform enforcement of vegetation management citations as well as develop an expedited legal process akin to the process currently used in civil Courts for evictions. This would ensure prompt compliance with citations. If the creation of this accelerated enforcement procedure requires state legislative action, the Entity should lobby the California legislature for these changes. 2. Fuel Reduction Crews: Create sufficient fire/fuels crews whose sole responsibilities would be to vv ork on reducing the fuel load starting with the highest fire risk areas. 3. Education: Engage in public outreach and education either through dedicated staff or by subcontracting with FIRESafe Marin. 4. Alerts and Evacuations: Develop countywide best practice policies for alert notification systems and evacuation route planning, including the possible use of nevn technology,such as the LRAD systern, as well as working with public transit agencies to develop emergency response protocols, evacuations, drills and alerts. 5. Public Participation: Create programs to encourage fuel reduction wort: by citizens on their own properties as well as develop funding programs either by the Entity or through grants from other sources to help the elderly,those with access and functional needs. and low-income residents. Suggested Structure The Grand Jury proposes that the Entity be a Joint Powers Authority (JPA). It should include every special fire district, every city and town, Marin County Fire Department. Marin Municipal Water District (MMWD) and Parks and Open Space. See Appendix D for a list of those that Should be members of the Entity. AlthouOh the fire chiefs and city/town managers in the county have come together to formulate a IOlnt COn1111iimty-wide response to all the ma1Or wildfire Issues, their\vOrking gl-oup is an informal structure. This group will not be able to 'Fully implement and enforce all of the programs and protocols necessary to make Marin firesafe and prevent individual jurisdictions from adopting-, their own practices. As fire knows no jurisdictional boundaries. a countywide JPA must be formed to unify wildfire preparation. Funding Funding Tor pre-ignition and pre-suppression projects is the main obstacle cited by all (?overnment agencies and fire districts. Not only do government entities claim that there are no excess funds in their budgets, individual fire departments and special fire districts also claim that they do not have enough money to undertake the types of pre-ignition and pre-suppression proposals cited in this report. It is imperative to solve this critical issue. April 18. 2019 Marin County Civil Grand Jury Page 20 of 37 YVilcdfire Prepnredrress: A Neir Approach Two practical methods for finding the Entity are (I) a countywide parcel tax or (2) a countywide sales tax: I. Parcel Tax: According to the Assessor's office there are approximately 90,000 taxable parcels in Marin County not counting the extensive holdings under control of the Golden Gate National Recreation Area, MMWD or Marin County Parks. Thus, any parcel tax paid would have to be high enough to fund projects on these tax-exempt lands. In order to be effective, each jurisdiction would have to pass exactly the same parcel tax measure for the same amount at the same time. Besides the difficulty of having 1 1 cities and towns as well as the county coordinate such a process,there are a number of special fire districts in the county that would also have to be involved in the drafting and implementation of this process. Ifjust one jurisdiction fails to cooperate with this proposal. the benefit of having a countywide plan to deal with wildfire preparedness would fail. Based on these very real political issues, the Grand Jury does not recommend a parcel tax as the best method to fund the Entity. 2. Sales Tax: The best way to find the Entity is to authorize a countywide quarter cent sales tax. Under state law, the sales tax is 6% plus an additional mandatory 1.25% for local jurisdictions for a total of 7.25%. State law allows local jurisdictions to assess up to an additional 2% sales tax with voter approval. The 7.25%coupled with the 2%maximum means that the maximum sales tax could be 9.25%. However, the state legislature routinely allows local entities to exceed the 2% cap by simply passing a statute to that effect. For example, a!! of Los Angeles County, including its 16 cities, plus an additional seven cities in Northern California have requested and been granted the right to exceed the 2% limit. Because of the 2%cap, a number of local officials have resisted putting this final '/4 cent tax before the voters. However, only four jurisdictions currently have actual combined sales tax rates at the 9% level. The remaining eight jurisdictions could easily add this '/4 cent and still not hit the 2%ceiling. Each jurisdiction's current sales tax is attached as Appendix G. As for the four jurisdictions that would hit the 9.25% maximum, they would be likely to get a state exemption Should the need arise in the future. Finally, the most important reason for recommending a '/A cent sales tax as a funding mechanism is that there need be only one enabling statute which can be placed directly on the ballot by the Marin County Board of Supervisors with the agreement of all the political jurisdictions. Marin voters used this process in November 2018 to continue a % cent sales tax for transportation improvements. The time has come to use the 1-111,11 '/, cent sales tax For our most pressing countywide issue, wildfire. If not now, when? 11'not for this. then for what? What could be more important than saving lives? If the citizens of Marin are oiven a chance to make their county as safe as possible fi-om wildfires, passing this sales tax measure should not be a problem. It will provide a steady source Of revenue SO that the local uovernr„eras s111d gnecinl ±;re districts will not I:ave to tan i11to their budgets. As part of this ballot measure. a citizen oversight committee should be created to make sure that the funds collected are used solely for the mission of the Entity. April 18, 2019 Marin County Civil Grand .lure Pane 21 of 3 1171((IirePreparednes.s. ANeu'Approach Local Interests Must Be SUbsUmed Into A Countywide Organization This proposal is revolutionary for Marin. It will require every government entity and every special fire district to become a member. The only way to make Marin safer is for the entire county to work together and not allow local politics to torpedo this innovative proposal. A number of critical issues prevent Marin from being fire safe. Current vel(yetation management policies, alert systems and evacuation planning, as well as current public education efforts are insufficient to make Marin pre-ignition and pre-suppression fire safe. The most crucial issue is the political will to create this countywide agency with such broad authority. The citizens of Marin must choose between safety and vegetation aesthetics. The creation of this Entity allows for necessary actions to be developed and implemented for all pre-ignition and pre-suppression matters. The Entity will ensure that the tax funds are used solely for wildfire preparedness and not for other environmental priorities. It also does not impinge on local sovereignty except where necessary to create countywide best practices. Without the Entity, local jurisdictions have neither the will nor the money to undertake such sweeping measures. Wildfires do not respect jurisdictional boundaries. Marin is known for providing mutual aid and cooperation among its professional firefighting agencies. What is missing are countywide, coordinated, science-based, pre-ignition and pre-suppression policies and procedures. This recommendation solves that issue. FINDINGS — Vegetation Fl. Existing vegetation management codes are both inconsistent and inconsistently enforced. F2. There are not enough trained vegetation inspectors or fuel reduction crews. F3. Current vegetation enforcement procedures are slow. diflicult and expensive. F4. Government agencies and safety authorities cannot currently manage vegetation on public lands. F5. All property owners are responsible for vegetation management on their property, yet they are not sufficiently educated about vegetation management and many do not have the physical and financial resources to create defensible space. FINDINGS — Education of the Public F6. Wildfire preparedness education is inconsistent and fails to reach most citizens. especially parents of yotmg children. F7. The most effective method of education is person to person in neighborhoods. F8. Although Marin has 30 plus Firewise neighborhoods. the most in California. they only cover a small percentage of population and land. F9. Sufficient public funds have not been provided to sustain comprehensive wildiire preparedness education. F10. Educating the public requires a different set of skills than firefighters usually have. April 18. 2019 Marin Comm, Civil Grand Ju]-\, Pace 22 of 37 GVihditre Preparedness: 9 New pIn-ouch FINDINGS — Alerts FI 1. Any hesitation to use the WEA system can be deadly even if its alerts might reach people outside of its intended taruet zone. F 12. Alert Marin sends the most accurately targeted warnings to endangered populations, but it reachcs too few residents because it is not well publicized. Both Alert Marin and Nixie require opt-in registration, a serious design flaw. H I Sirens could be a useful and reliable warning system if then- numbers and locations were increased to broaden their reach and if they were enhanced with a Customized message through LRAD. FINDINGS — Evacuations F14. 111 the WU1 and in many town centers, infrastructure and roads are inadequate for Mass evacuations. F15. Evacuation routes are dangerously overgrown with vegetation and many evacuation routes are too narrow to allow safe passage in an emergency. F16. Emergency planners often do not publicize evacuation routes due to their mistrust of the public. F17. Town councils, planners, and public works officials have not addressed traffic choke points and. in some instances, they have created obstacles to traffic flow by the installation of concrete medians, bumpouts. curbs, speed bumps, and lane reductions. Fl 8. No studies have been performed to determine how long it would take to evacuate entire communities via existing evacuation corridors. F19. The implementation of traffic-light sequencing and coordination to allow mass egress, and the conversion of two-way roads into one-way evacuation routes to ease traffic congestion, are dangerously delayed and years away from being implemented. F20. Public transit is a neglected asset of emergency response preparedness: all operators except one transit agency are left out of the command structure and none is integrated into the emergency radio communication system MERA. F21. A bureaucratic culture of complacency and inertia exists in Marin. Government often fails to act quickly to repair known gaps in emergency preparedness, to think flexibly, and to prioritize safety in its planning and policies. FINDINGS — Umbrella F22. No countywide comprehensive, coordinated policies have been made and no funds have been allocated to prepare for wildfires. April 18, 2019 Marin Counts Civil Grand Jury Page 23 of 37 Yhilclfire Prepureclness:A New Approach RECOMMENDATIONS —Vegetation Rl. Create a comprehensive, countywide vegetation management plan that includes vegetation along evacuation routes. a campaign to mobilize public participation, and low- income subsidies. R2. Hire at least 30 new civilian vegetation inspectors and at least eight fire/fuels crews focused on fuel reduction in the high risk areas of the county, including federal, state and local public lands. R3. Develop and implement a fast. streamlined procedure to enforce vegetation citations. RECOMMENDATIONS — Education R4. Adopt and deliver a comprehensive education program focused on action for all residents of Marin on a regular schedule by a team of-expert trainers. R5. Promote the creation of Fircwise Communities in every neighborhood by all local jurisdictions. R6. Employ individuals with skills in public speaking, teaching, curriculum design, graphics, web design, advertising, community organization_. convu r� nity relations, and diplomacy to educate the public. RECOMMENDATIONS — Alerts R7. Collect Marin residents' information and add it to Alert Marin and Nixie databases to make them opt-out systems. R8. Expand the use of sirens with LRADs. RECOMMENDATIONS — Evacuations R9. Research, develop, and publish plans for the mass movement of populations along designated evacuation routes. R10. Give the highest priority to mitigating known choke points and to maximizing the capacity of existing eVac!Iat1011 1'OUteS. R 1 1. Incorporate and prioritize plans for mass evacuations in all pending_ and future traffic/road projects along major escape routes. R12. Educate, prepare, and drill for evacuations in all communities. R 13. Fully integrate public transit into the MERA communications system without further delay. R 14. The Transportation Authority of Marin Must convene all stakeholders no later than December 31, 2019. to address congestion on escape 1-outes in an evacuation. RECOMMENDATIONS — Umbrella Entity R15. Establish in the form ofa .Joint Powers Authority an umbrella organization for wildfire planning and preparedness (vegetation management public education, alerts. and evacuation), funded by a '/4 cent sales tax. April 18. 2019 Marin County Civil Grand Jury Page 24 of 37 1,17&dfire Preparedness:A New Ipprouch REQUEST FOR RESPONSES Pursuant to Penal code section 933.05, the Grand Jury rcquests responses as follows: From the 'following governin<7 bodies: ■ County ofMarin Board of Supervisors (R1-13, R15) ■ Belvedere City Council (R1, R3-13, R15) ■ Corte Madera "Town Council (R1, R3-13, R15) o Fairfax Town Council (R1, R3-13, R15) ■ Larkspur City Council (RI, R3-13, R15) ■ Mill Valley City Council (R1, R3-13, R15) ® Novato City Council (R1, R3-13, R15) ■ Ross Town ColirleII (RI., R3-13, R15) ■ San Anselmo Town Council (RI, R3-13, R15) ■ San Rafael City Council (R1, R3-13, R15) ■ Sausalito City COlmcil (RI, R3-13, R15) ■ Tiburon Town Council (RI, R3-13, R15) ■ Bolinas Fire Protection District Board of Directors (R1, R3-13, R15) ■ Central Marin Fire Authority Council (RI, R3-13, R15) ■ Inverness Public Utility District Board (RI, R3-13, R15) ■ Kentfieid Fire Protection District Board (RI, R3-13, R15) ■ Marinwood Community Services District Board (R1, R3-13, R15) ■ Novato Fire District Board of Directors (R1, R3-13, R15) ■ Ross Valley Fire Department Board of Directors (RI, R3-13, R15) ■ Sleepy Hollow Fire Protection District Board of Directors (RI, R3-13. R15) IN Southern Marin Fire Protection District Board of Directors (R1, R3-13, R15) ■ Stinson Beach Fire Protection District Board (R1, R3-13, R15) ■ Tiburon Fire Protection District Board of Directors (R1, R3-13, R15) IN Marin Municipal Water District Board of Directors (R1, R2, R15) ■ Transportation Authority of Marin Board of Commissioners (R9-1 1. R 14) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933 (c) and subject to the notice. a0enda and open meeting requirements of the Brown Act. From the following individuals III Marin County Sheriff(R7. R 1 I) The Grand Jury also invites responses from the following individuals: v F1R_F_Safe Marin Cotlnrll Coordinator Note:At the time this report was prepared infornmtion was available at the websites listed. Reports issued b% the Ck it Grand Jure do not identify individuals interviewed.Penal Code Section 929 requires that reports of the Grand.lure not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand.ILII'y.The California State L.cgislatwe has stated that it intends the provisions of Penal Code Section 929 Prohibiting disclosure ol'\%itness identities to encourage full candor in testimony in Grand.lure investigations by protecting the privacy and Confidentiality ofthose who participate in any Civil Grand R11)'investigation. April 18, 2019 Marin County Civil Grand Jury Paoe 25 of 37 Wilclfire Preparedness:A Neil Approach APPENDIX A: Vegetation Management . PAF 4 r sS c � None noted Complaints&requests lo Goal individual properly 13olinas Fire e inspection neighborhoods and inspections every year:currently- Protection District roads are inspected annually. every 2-3-years. Central Marin hire None noted Yearly windshield inspections.30 No specific goals Authoritv(Larkspur& day\y'ildfiie hazard Notices Corte Madera) issued to those not in compliance Inverness VolunteerNone noted Complaints requests for Inspect and note problem areasi no inspection specific goals,MCFD has records Fire Department of inspection frequency i q Kenttield Fire ProtectionDire Inspector& Inspectors visit properties located Required by law to inspect every Communm Risk in WUI til MaY.Violators asked to _SRA parcel each year.Goal - District Reduction Specialist create defensible space by 0115, inspect 200 additional parcels/yr ` hief oflac n Defensibl Space Gun in lune oil 7 For the county,float inspect Marin County Fire Y. c iptain,. pin lime dui"st ilf inspections sp ctions m their 45001<parcels annual) Department(Marin Open } ) 1' un Space;provides fire ser pe tois.l6 seasonal tesponse wea Seasonal firefighter S 4 i d fut.ible space inspectois pei Harm 4kdefensible 1 vices to the GGNRA) inspectors space mspectioarlrvI. Mill Vallee Fire None noted Proactive&maturing compliance : Annually Department program requires active agency i � t r agement _ None noted neinc crews(rile W t11-leme door i Door hangers/windshield hanceis where needed Inspect reported 1 inspections I11 the WUI folloAAed ? propewcs referred Cor read v_or by notices.Homes remain on requested for volunt uc evaluation. I Watch Inst for 3 yrs. Novato Fite District Ncw const .uction major remodels in V','lJl must submit A M plan.Properties for sale reginre inspection. Assessment i ( in May to determine w])tell properties , '. must pi o\ deiensible space A A-1 pro mna includes Neat construction&111101 remodels of €Currently,no goal.bill it RV1-D Ross Vallev Fire ria dui}engine W11 mast submit VN-I plan.Properties Board approves dedicated Department(Felrfay,San company.full-time for sale require inspection.Ftomi e inspector prolooram,Will inspect 3- Anschno,Ross,&the inspector_urd 2 part- compsnr s assess in May to(fete]nune [ a time enaalo a Which xoa�nics must x(ctdc 41i parcels annually. Sleepy 1io11ow 11 D) I �e'. I I '6 lns!,eek ddcnsible space dedicated VM fire Proactive inspections.iA,sist Inspect all of theappl-m.8K San Rafael Fire Hispectors rangers&venulae homeless parcels in the WUI in a 3 veal Department encampments. Residcm>notified cycle ; and y9arivavood vem to keep defensible space. Inspections conducted h\ request t Southern Marin Pi re None noted None noted Annually inspects all parcels Protect.District(includes i Tani-Aallev,Almonte. _i homestead Valley,Alto, I Stra»-berm,Sausalito,Fort Baker,Marin Ileadlands, part of Tiburon) s Stinson Beach Fire None noted Some areas covered under':Marin =None Protection District County V 4.Citizens perfonn yolunten compliance Tiburon Fire Protection None noted Some areas covered under Mario Goal_to inspect 100%of high fire District(Tiburon and Co linty VM.Citizens perform severity zone parcels annually Belvedere) voluntary compliance April 18. 2019 Marin CountV Civil Grand Jury Page 26 of 37 Wihc fire Prepclre(h ss A A/eir Approach APPENDIX A: Vegetation Management (cont'd) n z i 13olinas Fire None noted Matchntg gmnl opportunities lift CoIIahoIatc with local utility district ve'-mation clearance on non-count)- = t0 reduce A'Cr,l'tilll011 s 1 I'Otl'l't1011 Dtst rtct maintained toads ` 3K+parcels are in WUl ! Free chipper program Yes Major reconstruction Central(Marin Fire t plans must be evaluated Authorit%(Larkspur c& by Fire prevention Corte Madera) 13111es1 to ensure i pyrophylic plant I emoverurlot replanted , r . t Inverness Volunteer None noted ( part of cost of chipper days Fire Dep(_panncrs tcith yl(FD K Fire ' Underm itten S,tle Alwin lin cicann�aloe_the local Fire Department ntgior ecacuauoll rows, i None noted , Not CUrrently Roadside I uance is Maiin DPAV' Kenttield Fire Protection xa vt i iesponsibiln) Stand ldl in place to 3- District ?ensure pirate dike,ns are maintained ti to current standards. Ncw construction RI n _ $13K CA Aire Foundation Brant 1 No."there is no code that requires substantial renwdels in matched plus$13K from BBS, extra wide vcectation clearances Niarin County Dire WL111 pruilibil pyrophyt'o Nolth Bay Lessons Learned plants w/iu 100'oh Department(�1;u•in Open Committee.Coordinating with sliuclures.othetvvise. Space;provides lin ser- p,ultibition not feasible HHS Senior Protective Service to vices to the GGNRA) tt„Mess in close i identity persons in need ptoaimily to residential structures) € .' s t { Changing code to Considering a program similar to Yes;cleat veeerllion but it isnot prohibit bamboo, Novato Due's grant program specified to be extra vvide Mill Valley Fire 4 juniper,cypress, llepartnent acacia and bays within 30'of structures None noted A-latching Bram to owners. Ls/m 5900 _ Nlajor evacuation routes maintained Novato Fire District - i fixchippee/fuel removal.I-lo:As in wt:1 = by Cal tans- - ` € offered annual matchine cram to 51900 as ( for sante Newconstruction R $15K CA Fire Foundation grant No. Iherc is no code that requires Ross Valley Fire substantial remodels matched plus$15K from 130S_ extra wide vcuetalion cleanuxcs Department(Fairfax,San in WUI prohibit North 13ay Lessons Learned Anselmo,Ross,&the pyrophytic plants and Committee.Coordinating with ,� ! Sleepy I lollovr hPD) require a Veg.N9grt 1-I1 IS Senior Protective Service to Plan be submitted. identity persons in need San Rafael Fire Mandatory removal Frcc chipper service for juniper Requires a 10 clearance I?om Della rtnenI of juniper and and bamboo oadvnty on each side considerins and:Niarinvvood bamboo additional distances in WUI Southern;Marin Fire Code wohibits Regularly nartner with Tam Valley I ntbrce Protect-DISII'iet(iod'lMill- i bamboo,juniper. Community Services District to requ cn,cros vcwanon clearances: alley,4lmonte,Itoulestend _ cypress.acacia and manage lalltJ Used lot chipper Road,m' I,,nwintain Ilwmnable alley„AIh>,Shavvbetts' bays within 30”of days and other vegetation s elation d ,trance hrnn mad, 10 feel Sausalito,Fort Balcet,Marin onto propvnies Inspect roa(bsays - structures management plagrams ; annually . headlands,part of"I iburon) ` Stinson Beach Fire 'stone noted Chipper da\s Yc5 s Protection District Tiburon Fire Protection None noted No Yes District(Tiburon and Belvedere) April 18, 2019 Mal-In County Civil Gralld JUIN Page 27 of 37 Pflildfire Prepured»ess:A Neer Approw,h APPENDIX B: Education No stafffulh,dedicated to education. Bolin Fire Annual community forums held with Fireli-liters are trained to teach i Protection District moderate attendance preparedness to the public No staff lolly dedicated to education. 32 Neighborhood Response Groups with Central Marin hire:�uthorih Firelighters are trained to teach coordinator:partners with FD to provide (Larkspur& Corte Madera) preparedness to the public fire safety education No staff fully dedicated to education. Inverness Volunteer hirefightcrs are trained to teach Inverness Disaster Council.West Marin Fire Department Disaster Council preparedness to the public _ _.._. No staff fully dedicated to education. Kenttield Fire District employees.I irc Kentfiield Fire ProtectionFireIII ghters are trained to teach � Inspector and Community Risk Reduction District preparedness to the public Specialist.educating the community and school children�yithin the community. N1,11-in County fie Supported by Marin BOO CALFIRG. No stafff-611% dedicated to education. Department(\i u m Open PIRGS�1e Marin.CLR"fs and disaster Firelighters are trained to teach Space; pros ides fire ser- preparedness to the public ( councils vices to the CGNRA) } rM: No staff fully dedicated to education. Rotary Club organizes and sponsors events: : dill Valley Fire Department : Firefighters are trained to teach I Emergency Preparedness Commission _ preparedness to the public sponsors programs No stafTfully dedicated to education Ready,Set.Go Get Reads Novato: but firefighters implement door hanger I FireWise Communities;Cal Fires. Prevent Novato Fire District i program targeting WUI Wildfire California. Ready for Wildfire.�: neighborhoods annually ! One Less Spark Ross Valley Fire Department No staff fidiv dedicated to education. Materials provided by FSM,Marin County (Fairf-M,San Anselmo, Ross, Firelighters are trained to teach he Sleepy 11o110\y FPD Fire Chiefs Assoc. S t I ) preparedness to the public Firelighters assist Prevention and OGS San Rafacl Fire Commission and San Rafael Fire Department staff\yith presentations.inspections � San Rafacl Fire Foundation fund%%ildlire and M:n inlyooti and public oiitrcaclt education along vyith FueSale Marm and Fire vise USA Southern Marin Fire Protect. District(includes Tam- No staff lolly dedicated to education. Partners with Tam Vallev Community Valln,.lhmonte,Ilonrestearl Firelighters are u'ainetl to teach Services District and Marin CountN FD to Valley,Alto,Strallberry, prepare and educate public Sausalito.bort Baker,Marin Preparedness to the public Headlands,part of Tiburon) Stinson Beach hire Protection No staff fully dedicated to education. Firefighters are trained to teach District i None preparedness to the public Deputy Fire Marshal performs public Tiburon Fire 1 rotectionBelvedere=Tiburon Joint Disaster District(Tiburon and education for emergency preparation: i Council promotes wildfire and Get Ready all firelighters can teach defensible Belvedere) awareness programs. space practices. April 18, 2019 Marin County Civil Grand Jury Pa(—,e 28 01-37 1Vildli-C Prepol-edness: A Neu,"'IpprocrC/7 APPENDIX B: Education (cont'd) E Not ready for nest lire season. Bolinas Fire - Property owners not engaged/active in Over 200 residents did evacuation chill and Protection District preparedness.Neighbors encouraged r discussion of lire ha/ard mitigation to know each other Participation in NRGs increases each Central Marin Fire Authorrtv , Several neighborhoods pursuing Firewise (Larkspur S Corte Madera) year.Community Iorurns. recognition presentations Inverness Volunteer i Residents are prepared as neighbors Dcsi�,nated local neighborhood disaster stoups since 1982: lire safety covered at Fire Department helping neighbors group meetings j i I Kentfield Fire District conducting I1"enttield Fire Protection inspections to prep for next tine Kent Woodlands community is Firewise Dish tet season;secured grant to create a 1 defensible space ice between District and .ccrtilied E large landowner partners. Marin Comm,Fire - Department(Marin Open Referenced in Marin County �, t ( I Performance Measures and Lessons F ircWrsc participation.evacuation Space; provides fire ser- exercises and conununih mectin'-'s vices to the GGNRA) Learned i x t Working towards entire community i 2-minute videos on website:8 community t Mill y allep Fire Department becoming FireWise certified 1 meetings:numinous FireWise communities 1 Neighbors helping p neighbors:three d FireWise Communities Pacheco V illcy MVNICC. Black I omt/Giecnl omt.Indian Novato Dire District FireWise conmmunitics are ready for Valla: f1OAs ti ildhorse Vallev and next fire season t Bahia Ross Valley Fire Department Frosting community meetings:and (Fan tax,San Anselmo,Ross, referenced in Marin Canty Cascade Canyon and Sleepy 1 follow the Sleepy hollow FPD) l erlormance Measures and FireWise eWise Conummlitics Lessons Learned San Rafael Wildfire Protection Plan 4 Firemsc communities.20-1 110 wildfire San Rafael Fire Department ,tlet\'/preparedness prescntation> in 2018_ 2 and�larinwood has 37 recommendations to mals \\iIdlire P] SvmposILI at SR fire safe. Dominican in 2018 Southern Marin Fire Protect. District(includesTam- Vallee,Alnlonte,Homestead No goals set yet:anticipate more ith 3 Get Rcady programs\chich lime low valley,Alto,Strawberr'J', the passage ofMeasure U participation Sa trial°t^ Fort Baker,.`la ri ii _ I eadlands,part of Tiburon) Stinson Beach Fire Protection Work in prop ess:hiring fire Mcetings mth Marin County FD and District prevention officer GGNRA Tiburon Fire Protection District(Tiburon and 2-3 additional FireWise Communities First l ireAVise(.,onnnuunity 011Harbor Hill Belvedere) in 2019 April 18, 2019 Marin County Civil Grand Jure Noe 29 ot'37 Hlildfire Preparediiess: A Nein Approach APPENDIX C: Evacuations & Alerts Disasict council file Ehn Road,Cveiareen Rd Yes All communities on No 13olinas Fire depatnncm keep list Mesa Rd.Olema Bohn n gt idded Mesa arc hi th i isk Protection District ofat-tiskresidems Rd 32 NRGs maintain Madrone C Magnolia ares `Madiolle&VMagnolia Airs. = NO official Redwood&Corte Madera Redwood R Col a Maclela listsaccounting Central Marill Fire \ves. Aves.Corp A91du e:Clu tstmaa Authorih•(Larkspur K ( Corte Madera:Christmas Tree Tree Hill_Sausalito Ave.(aka Cotte Madera) Hill,Sausalito Ave.(aka Hidden ?Hidden Valley) Larksout Vallee) t arksma:Ballinwre >Baltimore i- C am•on,Marina Vista Atca Canyon,Marina Vista Area Inverness Volunteer Yes ; Sir Francis Drake is the Scahaven No Fire Department only road in and out Kcntfield hire Protection I No Sir Francis Drake at Hx%y Most residential 'None District 101 connnunities at risk Marin Count Fite Residents with ! Yes,most non-county Yes,refer to 2016 CU PP Unkiimm Department Vlarin O lett special needs.or maintained roads in West pages 43-56 ( I _ elder ly roast Marin pace;prosides lire ser- 'smake AdCPD ass-are vices to the GGNRA) ofillen slants Maintain a list of All non-County maintained 75%of•MV is in the\AQUI The Redwoods those with roads in West Marin are and therefore at risk Mill Vallee Fire additional needs, i choke points.SFDB,Miller Department though this 4 Ave,Blithedale leading to changes often and I hvy 101 and on ramps to is unreliable I1vv}+101 No I Alhuton oa-tamp NB on fol i Wildhorse A lleF Atheuon IOC has • 3 North ofSan Rafael SB 101,on Marin Valley.Little Nlountmo- information HV,'Y 37(Sonoma Count')past s San Marin,Blackpoinl C'hc' F ` on agencies IO tate,ay No\'ato BIFd and Bill Indian Valley Ignacio Novato Fire District i Diablo A\e, ! Valley" Pacheco\alley. contact 'i Anderson Rowe.Lonut Aerde. Presalcnl s IIA C),Wilson AVrest ..�,.. <NoNato North.I-Iilhop - ' Residents with Most of RV1 D's response Yes.refer to 2016 MIT Unknom) Ross g alley Fire special needs or area consists ofsutgle lane pages 43-56 v Depal of(Fairfax,Sao elder ly must make ? roads leading to single tl.SF ttiSO,I:r155,&file Sleepy hollow FPD) RVFD aware of artery roadvyay their status Promme None identified All newdiborhoods in the Residential San Rafael Fire lie t.hho,hood Wt_ll lig in-, Department - zmat nc—ihrou li ` and Nlarimcood GeiR adF and CERT aciliucs.I atscr lruicnts Southern Alarin Fire List of residents of = f_very intersection is a Districts near the WtI and Public transit Protect.District(includes Sausalito only, choke point.Control of areas within canyons is av°ailahle in Hauler 'Irao-Valley,Almonte, ? intersections is by PD and topographic areas i 1-lomcstead Vallcy,Alto, ' DPW Stra,beirv,Sausalito,tort Baker,Marin headlands, part or"hibm"oo) - - Stinson Beach Fire Yes No No No Protection District Tiburon Fire Protection PD departments cul retltIv cleating"Red Neighborhoods adjacent to Neds Wai District(Tiburon and maintain lists Zones, open space at rideelme ldosinoen ret on Beh etlere) public u<utsit April 18. 2019 Marin Countv Civil Grand Jury Page 30 of 37 HW(i lure P1-ep611-Cd17ess:A New Approuch APPENDIX C: Evacuations & Alerts (cont'd) y g Bolioas Fire Policy decision not No sirens ctmenth I drill held in2017: No Protection District to publicize routes rest arching LRiAD Planning annual drill, Evacuation routes I siren and I diaphon Drill in 2018 had 18"o CMFD has no Central Vlarin Fire are not publicized system in Corte Madera not _ participation.Plan to authority to cite Authority(Larkspur& ' Plannma is kev yet operational conduct one exerciscvcar vehicles Corte Madera) element ofthe Considering LIZAD NRGs ` Inverness Volunteer ? No.Dependent on Sirens determined to be Monthh radio chills with No parking within 6' Fire Department specifics of the neticctive . C[:R'h.daihradio checks of center of road. elliel`-envy Violators cited. Possible evncuahon Kentheld File District has f vaeuation drills held in Puking enfoteement i Z- : routes ate avad�ble to one Siren.'I est of LIZAU Kent Woodlands;hull issues are referred to Ken Meld hire Protection the public throe b did not meet ex ectations Cain)us drill held at COM the Sheriff's office (1-110 ? District j ..infitc oig No I I signage used 2018.Yearly(it ills held E with all schools Marin County Fire No.Dependent on = One siren on Ihiockmonon As needed MCFD has no a Department(Marin open ) speuti of the Ridge authonty to enforce fire set emergency vehicle code Space;provides vices to the GGNRA) _ ? i Steps Lanes and 5 mens located throughout I drill performed each year Yes Cite and tow Mill Valley hire Paths are masked the City'LRAD system on 11117" 'Y, I Department evacuation routes :order Evacuation points to, No Coordinates drills.fill Letinla .Yes.Cites vehicles ( t3lackponn/ ` U'lll grease cn 3-? ears Works Novato fire District Gteenpoint&Millin \'alley mobile {with NPD and CHP Coltonv Club t Ross Valley fire No Dependent on Snens n,rail Its San Amclnto :As needed RVPD has no Department rttnent F9irfas,San S 7CCrfICS Of the and Ross.Reconnncnd a himc, . [ ( I uthonty to enforce Ansehro,Ross,&the emergency bac kip wauhu i,tdio it c i :uc(I - �` by The Emci encr Alcrl S�slem v'ChICIC Code Sleepy hollow FPD) - LncouraoC No sirens.RCIv upon On it small scale in\::rious No picking N\iihin t, of residents to kno�� NIXI.1.A\I-A L\ill ncighhorhoods Centel orlon& S:ui 12afael hire m alternate to other m stems Violniors cited. Y Department - t\Norkine to desienaic standard routes antl Ma rInmOod ?,parking in bVUI zones ,to,cine under red Oae conditions Southern Marin FireNo.There is a No hixcd sirens. One or uvo evCiy_ yc.r fres.Circ and tow Protect.District(includes potential conflict Coordinating kith OLS. Tam-Valley,Almonte, with actual I I2 AD cin be linked to Homestead Valley,Alto, emergency Alert Marin and Everbridge Strawberry.Sausalito, evacuation needs Fort Baker,Vlarin Headlands,part of Tiburon) Stinson Beach Fire No Ycs No.but\\oikine on l ens No Protection District Tiburon Fire Protection I No.but woikma 6 sirens currently in use. Not presently All vehicle District("Tiburon and on plans Considering LRAD violations are Belvedere) refen'ed to the PD April 18. 2019 Marin CountV Civil Grand Jury Page 31 of 37 1'11'ihc ire Preparedness:A New A])prouch APPENDIX D: Recommended Structure and Membership for Entity The Grand Jury recommends the following entities be members of the Entity. Listed in alphabetical order, with the fire districts first, the entities are: L Bolinas Fire Protection District 2. Central Marin Fire Authority—serves the City of Larkspur and Town ofCorte Madera 3. Inverness Volunteer Fire Dept. —run by the Inverness Public Utility 4. Kenttield Fire Protection District 5. Marin County Fire Department—serves unincorporated Marin County not within a Fire District and contracts to provide wildland fire protection with CAL Fire for all State Responsibility areas and with Golden Gate National Recreation Area (GGNRA) and Point Reyes National Seashore (PRNSS) for Federal Responsibility Area FRA within the County. 6. Marin Municipal Water District 7. Marinwood Community Services District—Fire Department 8. Novato Fire Protection District 9. Ross Valley Fire Department—serves the Towns of San Ansehno, Fairfax. Ross and the Sleepy Hollow Fire Protection District 10. Sleepy Hollow Fire Protection District—provides only pre-ignition and pre-suppression services to Sleepy Hollow 11. Southern Marin Fire Protection District-serves the communities of Tamalpais Valley. Almonte, Homestead Valley, Alto, Strawberry, approximately 1/4 ofthe Town of Tiburon, the City of Sausalito, Fort Balser and the Marin Headlands. 12. Stinson Beach Fire Protection District 13. Tiburon Fire Protection District—serves the Town of Tiburon and City of Belvedere and surrounding areas. 14. County of Marin 15. City of Belvedere 16. Town of Corte Madera 17. City of Fairfax 18. City of Larkspur 19. City of Mill Valley 20. City of Novato 21. 'Down of Ross 22. Town of San Ansehno 23. City of San Rafael 24. City of Sausalito 25. Town of Tiburon Since having 25 members would make the Entity difficult to managie. the Grand Jury recommends that the Entity hire an executive director. This should be a person with considerable knowled«e and experience with the key pre-ignition and pre-suppression issues such as comnumity education. vegetation management. alert notices. and evacuation policies. This person would be employed to create processes and programs. emphasizing "best practices." for all pre-ignition and pre-suppression matters. To do this, the executive director \yould be authorized to hire staff necessary to carry out the Entity's mandate. April 18, 2019 Marin County Civil Grand Jury Page 32 of37 Wik(fire Preparedness:A Nein Approach To help beide the executive director and staffwith policy development, the Grand Jury recommends that the Entity as a whole. select a (roup of individuals from its membership to act as a Board of Directors. finally, the Grand Jury recommends that the County Counsel's office be authorized to draft the legal documents to create the Entity as well as the ballot measure for the '/4 cent sales tax. April 18. 2019 Marin County Civil Grand ILII_\ Page 33 of 37 1170fire Preparedness:A Nene Approach APPENDIX E: The 7 Deadly Sins of Emergency Management At a conference in Stockholm, Sweden on November 28. 2017.. Craig Fugate. former Administrator of FEMA under President Obama, discussed what he considers to be The 7 Deadly Sins of EmeriZency Management:19 1.. We plan for what we are capable of respondin- to. 2. We plan for our communities by placing our vulnerable populations aside. 3. We do drills and exercises that we know will be successful. 4. We think 01.11-emergency response system can scale up from small emergencies to large disasters. 5. We build our emergency management team around government. leaving out volunteer organizations. the private sector and the public. 6. We treat the public as a liability. 7. We price risk too low to change behavior; as a result. risk grows. Mann's emergency management plans replicate these errors. Flluate.(Yaie. - Ih,� ]),:Id I\ Sin.0(1 �nc� Aiana�cI]] )oil IItheIideo. Vicvcal Ian.10.2019. April 18. 2019 Marin COUlltyCivil Grand Jury Page 34 of 37 Wildfire Preparechiess: A New Ai)proac/r APPENDIX F: A Case in Point: Paradise and Marin The Grand July visited Paradise. California in January 2019. Here are some of the major contrasts and comparisons between Paradise's wildfire preparedness and Marin's current preparedness: ■ Paradise has three well-paved good roads out of town. ■ Marin has many communities located in canyons with only one exit on narrow, poorly maintained roads. ■ All of Marin's main east west evacuation routes have choke points where they narrow to one lane in each direction. ■ At the time of the Camp Fire. most of Paradise's fire and police officers lived in town and were on the.job quickly. ■ Marin's fire and police officers often live in other counties which will severely delay response time. It may take hours for emergency personnel to get here. ■ Paradise had comprehensive evacuation plans that were tested in previous fires and had conducted practice evacuation drills. Even so. it tools around 5 hours to evacuate the town. ■ Marin's OES has given itself 36 months to update its evacuation plans. ■ Marin has no comprehensive evacuation plans that have been shared with the public, and only a few neighborhoods have had an evacuation drill. ■ Paradise had failed to mana0e vegetation. particularly along evacuation routes. ■ Marin has failed to manage vegetation adequately in its residential communities, open space and along evacuation routes. ■ The fire in Paradise did not come I'rom the usual direction but came from the opposite direction from what was expected. ■ Fire in Marin could come from any direction depending on the prevailing wind. ■ The Butte County Grand JUI'V report on Paradise in 2008 criticized the lack o'f an adegl:at' nnl;;ber of `✓a Iiltlol1 rOLIL11 olid Ll1C dei ILA,1te ]ICH IO'vVMi; Of the mall] evacuatiOn routes. ■ Many jurisdictions in Marin deliberately constrict the flow of traffic along already narrow evacuation routes with lake reductions and road impediments.. April 18, 2019 Marin Countv Civil Grand Jury Page 35 of 37 1 Pil (fire Prej,)ured17ess. A Nene Approuch APPENDIX G: Sales Tax With the local sales cap at 2%, the final quarter cent only applies to jurisdictions that are currently at 9%. The following are the breakdown of Marin jurisdictions and what the local rates are:20 Jurisdiction Current Sales Tax Local Sales Rate Corte Madera 9.00% 0.75% Fairfax 9.00% 0.75% Larkspur 9.00% 0.75% San Rafael 9.00% 0.75% San Anselmo 8.75% 0.50% Sausalito 8.75% 0.50% Novato 8.50% 0.25% Tiburon 8.25% 0% Belvedere 8.25% 0% County of Marin 8.25% 0.25% Mill Valley 825% 0% Ross 8.25°/0 0% From this, it can be seen that only form out of the 12 taxing authorities in Marin are at the limit. There are 16 cities, all in LA County, that each have their combined sales tax rate over 10% as well as seven cities in the Bay Area that are over the 9.25% cap. 11�� 1..Ini nii (.L(�or.:lcc�,srd on 2> Nlar.?01`1 April 18. 2019 Marin County Civil Grand JLlry Pa-e 36 of 37 Hlihc fire Prepureclne.Y.Y.- A Neir Approach APPENDIX H: Prior Marin County Civil Grand Jury Reports on Wildfire (Since 2000) -W1 1,11 1-I.11CI-s in III-ev.erition"- . 2002-03' -.__ --- "HieHie N xt I�1s A,-c Nlm-irr Citizens h- fired?^'. '005-OG ____ Malin Civil Gl.aid Jtwy, on l Esc' Not if', but when, 2007-08 ..... . - - \�larin..... ... ........_ .... -.. _........ ... ....... .. Mann Civil (it-at-id .filmy, "Mani-i o1i }'iro Redux", 1011.2-13 April 18, 2019 \larin COLlrlty Civil Grand Jnry Page 37 of 37 RESPONSE TO GRAND JURY REPORT FORM Town of Tiburon Report Title: Wildfire Preparedness-A New Approach Report Date: April 18, 2019 Public Release: April 25, 2019 Response By: Town of Tiburon RECOMMENDATIONS ■ Recommendations numbered _5 and 6_have been implemented. • Recommendations numbered: —NA—have not yet been implemented but will be implemented in the future. ■ Recommendations numbered: 1,2,3,4,7,8,9,10,11,12 and 13 require further analysis. ■ Recommendations numbered: _NA will not be implemented because they are not warranted or are not reasonable. Date: July 18, 2019 Signed: Number of pages attached: 10 EXHIBIT 2 Office of the Town M(tttaber Town of Tibrrrort Jttly 17, 2019 The Honorable Kelly Simmons Pat Randolph, Foreperson Ridge ofthe Marin County Superior Marin County Civil Grand Jury Court 3501 Civic Center Drive, Room 275 Post Office Box 4988 San Rafael, CA 94903 San Rafael. CA 94913-4988 Re: Response to Grand Jury Report Wildfire Preparedness-A New Approach Dear Honorable Judge Simmons and Mr. Randolph: This letter explains in detail the Town ofTiburon's response to the Civil Grand Jury Report dated April 18, 2 11 O The lJ I � 1 'T N �� .,,e Report v►1�`y' dirCCiS the 'own to respond to Recommendations R1, R3-13, and R15. However, given the importance of this issue to all residents of Marin, all the agencies/jurisdictions required to respond to the "Wildfire Preparedness: A New Approach" collaborated to create this response to the findings and recommendations. RESPONSE TO GRAND JURY FINDINGS F1. Existing vegetation management codes are both inconsistent and inconsistently enforced. Response: Agree. Fire agency policies differ, as do inspection and enforcement procedures. F2. There are not enough trained vegetation inspectors or fuel reduction crews. Response: Agree. Although fire agencies are doing their best to reduce vegetation around existing homes, additional resources and dedicated staff are necessary to enhance existing efforts. F.I. Current vPnPtAtinn Pnfnrr-ement nrnrorhirec urn �IA# rl'ff' I+ .J expensive. Response: Agree. Although each municipality has its own code enforcement procedures, a consistent countywide approach would allow for a more efficient and effective enforcement effort. F4. Government agencies and safety authorities cannot currently manage vegetation on public lands. Response: Partially Disagree. While municipal governments do not have authority beyond their own jurisdiction, a coordinated countywide effort could help bring focus and consistency, as well as potentially additional resources, to enhance existing efforts on public lands. Government agencies and safety authorities can and do manage vegetation on public lands over which they have jurisdiction to the extent that resources and funding are available. In Tiburon, the funding for vegetation management on town owned land has more than doubled in the past 5 years, with $125,000 allocated in the Fiscal Year 2019-20 budget. However, much more can be done, which is one of the many reasons the Marin cities, towns, fire agencies and County have formed a working group to explore the creation of a countywide wildfire prevention program to be funded by a parcel tax on the March 2020 ballot. F5. All property owners are responsible for vegetation management on their property, yet they are not sufficiently educated about vegetation management and many do not have the physical and financial resources to create defensible space. Response: Agree. Although education has been provided through municipalities, individual fire agencies and FIRESafe Marin, we agree that education efforts need to be understood by broader sections of the community. Grant programs should be considered for those that may not have the physical or financial means to complete necessary work. F6. Wildfire preparedness education is inconsistent and fails to reach most citizens, especially parents of young children. Response: Partially Disagree. Education is offered in a consistent fashion countywide by the fire agencies and FIRESafe Marin. The demographics of our hosted meetings/forums and exercises generally lack a younger demographic - especially parents of young children. Agencies need to create new forms of outreach to garner participation from this demographic. F7. The most effective method of education is person to person in neighborhoods. Response: Agree. Defensible space home evaluations with a trained professional are the preferred and best method for educating residents. F8. Although Marin has 30 plus Firewise neighborhoods, the most in California, they only cover a small percentage of population and land. Response: Agree. We agree that Firewise Communities are a great mechanism for bringing communities and neighborhoods together. They provide an organized approach to reducing hazards and risks. F9. Sufficient public funds have not been provided to sustain comprehensive wildfire preparedness education. Response: Agree. Generally, fire agencies are funded for response and mitigation of emergency incidents. Development into the Wildland Urban Interface and climate change, with attendant major fires in recent years, are requiring resources greater than those available by local municipalities and fire agencies. F10. Educating the public requires a different set of skills than firefighters usually have. Response: Partially Disagree. Firefighters have experience that adds value to educating the public; however, they also have other, often more pressing responsibilities. Dedicated public education staff and defensible space home evaluators can spend more quality time on task than Firefighters. F11. Any hesitation to use the WEA system can be deadly even if its alerts might reach people outside of its intended target zone. Response: Partially Disagree. All appropriate emergency alert systems should be used to the fullest capacity as soon as possible depending on the conditions and needs to maximize safety. The WEA system is not geographically specific and can bleed over to areas where evacuations are not necessary. This would result in adding unnecessary traffic to already congested roadways impeding evacuation egress of those most affected. We agree it is a useful tool, but it must be well-coordinated between the incident commander and Sheriff's Office of Emergency Services. F12. Alert Marin sends the most accurately targeted warnings to endangered populations, but it reaches too few residents because it is not well publicized. Doth Alert Marin and Nixle require opt-in registration, a serious design flaw. Response: Partially Disagree. Nixie and Alert iviarin are two very ditterent systems. Nixle, by design, is an "opt- in" solution providing general information to the public. Alert Marin is an emergency notification system. Nixle and Alert Marin information is publicized at almost every community event hosted by Fire Departments and Sheriff-OES, with information also available on social media and agency websites. Listed and unlisted/blocked Marin County landline and VoIP (Voice over Internet protocol) phone numbers are already included in our emergency notification system (Alert Marin), unless the owner specifically requests to have their phone number opted-out. Cell phone numbers are not included in Nixie and do require registration in our Self-Registration Portal. We agree that more of our residents need to "opt-in" with their cell phone numbers. Additionally, we support changes in State law mandating that cellular information be accessible with an "opt-out" provision like landlines and VoIP data. We are also pursuing newly available authority to cooperate with utility companies to obtain customer cell phone numbers for these purposes. We will work with legislators to support bills like SB 46 (Hueso; 2019) which would allow local governments to enter into agreements to access resident cell phone contact information for enrolling county residents in a county-operated public emergency warning system. F13. Sirens could be a useful and reliable warning system if their numbers and locations were increased to broaden their reach and if they were enhanced with a customized message through LRAD. Response: Partially Disagree. Long Range Acoustical Device (LRAD) is the name brand of one type of acoustical notification system. This system may have limited reach and limited ability to be heard inside a building. Local testing has provided mixed results based on topography and other outdoor existing noise. This type of system will not be effective in some areas of the County. F14. In the WUI and in many town centers, infrastructure and roads are inadequate for mass evacuations. Response: Agree. F15. Evacuation routes are dangerously overgrown with vegetation and many evacuation routes are too narrow to allow safe passage in an emergency. Response: Agree. Marin County has many narrow roads with limited access and overgrown vegetation, often in sloped and difficult terrain. Much of the vegetation encroachment into the road right of way is the responsibility of homeowners. Public works agencies regularly work with residents and fire agencies identifying and working in the most critical areas. F16. Emergency planners often do not publicize evacuation routes due to their mistrust of the public. Response: Disagree. In 2009 the Marin County Fire Agencies developed mutual threat zone maps, pre-identifying primary and secondary evacuation routes as well as evacuation zones. This information is available for first responders to access in conventional paper maps or online. It has also been made available to mutual aid responders outside of Marin County. Fire agencies are in the process of making these maps publicly available. We do caution residents to take personal responsibility and identify and regularly travel different routes away from their home. Wildland fires can be very dynamic and depending on wind and topography can change direction with little to no warning. A pre-identified evacuation route may not be the safest route for residents to take deepening upon the specific type and location of the incident. F17. Town councils, planners, and public works officials have not addressed traffic choke points, and, in some instances, they have created obstacles to traffic flow by the installation of concrete medians, bump outs, curbs, speed bumps, and lane reductions. Response: Partially Disagree. Although we agree that more needs to be done, we do not agree that public officials have not attempted to address these issues to date. Additionally, while we agree that traffic flow in an evacuation warrants renewed attention in our circulation planning, many of the elements labeled as "obstacles to traffic flow" by the Grand Jury are intended to increase public safety on a daily basis under regular conditions. Each agency must weigh these daily safety concerns against the use of roads during an evacuation. F18. No studies have been performed to determine how long it would take to evacuate entire communities via existing evacuation corridors. Response: Agree. The fire chiefs are exploring opportunities with technology companies and higher educational institutions studying this type of work. Large scale evacuation planning needs further study and development within Marin. F19. The implementation of traffic-light sequencing and coordination to allow mass egress, and the conversion of two-way roads into one-way evacuation routes to ease traffic congestion, are dangerously delayed and years away from being implemented. Response: Agree. Large scale evacuation planning needs to identify which corridors would benefit greatest from contra-flow traffic-light sequencing. Coordination with public works agencies and identification of funding sources would be needed to make this a reality. F20. Public transit is a neglected asset of emergency response preparedness: all operators except one transit agency are left out of the command structure and node is integrated into the emergency radio communication system MERG. Response: Partially disagree. Use of the term "neglected' suggests an active decision to exclude transit from emergency response preparedness. The current arrangements reflect an assessment by transit officials of their ability to respond to disasters. Many of these protocols reflect planning for a broad spectrum of disasters that might occur, and it would be appropriate to revisit these protocols for the "new normal' concerning wildfire preparedness and response to an event concentrated in Marin County. F21. A bureaucratic culture of complacency and inertia exists in Marin. Government often fails to act quickly to repair known gaps in emergency preparedness, to think flexibly, and to prioritize safety in its planning and policies. Response: Disagree. We agree that more needs to be done to address this critical public safety issue in the face of what now is commonly referred to as the "new-normal." Accelerating climate change has led to larger, costlier, and more frequent wildfires in the state than ever before, burning almost year-round. Because of this, all fire agencies, the County, cities and towns are working together to explore the creation a countywide wildfire prevention program. F22. No countywide comprehensive, coordinated policies have been made and no funds have been allocated to prepare for wildfires. Response: Disagree. There are several coordinated documents, policies or procedures within Marin County including: Mutual Threat Zone Plan, Community Wildfire Protection Plan, and the 2017 North Bay "Lessons Learned" report. All of Marin's agencies are evaluating their budgets and making difficult decisions to make more money available for wildfire preparedness. It is our belief that a stream of revenue dedicated to this purpose is the best route to addressing the resource needs identified in these documents. RESPONSES TO GRAND iURY RECOMMENDATIONS The Marin County Civil Grand Jury recommends the following: R1. Create a comprehensive, countywide vegetation management plan that includes vegetation along evacuation routes, a campaign to mobilize public participation, and low-income subsidies. This recommendation requires further analysis. The Marin cities, towns, fire agencies and the County are addressing this recommendation with a working group to explore the creation of a countywide wildfire prevention program governed by a countywide joints power authority. We agree that more needs to be done to address this critical public safety issue in the face of what now is commonly referred to as the "new-normal." Accelerating climate change has led to larger, costlier, and more frequent wildfires in the state than ever before, burning almost year-round. Because of this, all fire agencies, the County, and its cities and towns are working together to explore the creation a countywide wildfire prevention program. The program scope for an ongoing, locally-controlled, countywide wildfire prevention program would include the following: • Fire fuel reduction and vegetation management • Defensible-space home evaluations and education • Evacuation planning and neighborhood preparedness • Alert and warning enhancements • Pursuit of grant funds for countywide efforts, as well as grant funding for to assist seniors, financially disadvantaged and those with access and functional needs with preparedness measures. This program would require new ongoing funding. We are currently exploring a potential countywide parcel tax measure in March 2020. R2. Hire at least 30 new civilian vegetation inspectors and at least eight fire/fuels crews focused on fuel reduction in the high risk areas of the county, including federal, state and local public lands. This recommendation requires further analysis. As stated in our response to Recommendation No. 1, a countywide wildfire prevention initiative would include expanded defensible-space home inspections and education. A working group of fire chiefs and city/town managers are exploring options to ensure the most appropriate and cost-effective solutions are considered to improve defensible space countywide. This enhanced program would require new, ongoing resources. The staffing of this effort would be subject to policy decisions of a countywide JPA and/or the governing board of responsible fire agencies. R3. Develop and implement a fast, streamlined procedure to enforce vegetation citations. This recommendation requires further analysis. Fire prevention officers throughout the county are working on a countywide, streamlined approach updating codes and processes. It is the intention of the group to implement some items as part of regular code adoption cycle this fall. Larger scale collaboration and a more streamlined approach will be addressed as part of the countywide wildfire prevention program. At the countywide level, our intention is to educate homeowners for cooperative compliance. Addressing non-compliance would be a matter for each jurisdiction to address. R4. Adopt and deliver a comprehensive education program focused on action for all residents of Marin on a regular schedule by a team of expert trainers. This recommendation requires further analysis. A countywide wildfire prevention program would include a comprehensive education program for all residents. Although agencies have made efforts to educate the public, without additional resources to enhance existing efforts, we believe these efforts will continue to be insufficient and not consistent throughout the County. R5. Promote the creation of Firewise Communities in every neighborhood by all local jurisdictions. This recommendation has already been implemented. As the Grand Jury report points out, Marin currently has over 30 Firewise neighborhoods. With the creation of a countywide wildfire prevention program, our current efforts can be substantially enhanced and expanded throughout the County. R6. Employ individuals with skills in public speaking, teaching, curriculum design, graphics, web design, advertising, community organization, community relations, and diplomacy to educate the public. This recommendation has already been implemented We currently have very articulate fire professionals and FIRESafe Marin educating the public. However, we recognize more needs to be done and this work may not need to be done by our firefighters, who often have competing response priorities. R7. Collect Marin residents' information and add it to Alert Marin and Nixie databases to make them opt-out systems. This recommendation requires further analysis. This recommendation would require changes in State law. We will work with legislators to support bills like SB 46 (Hueso; 2019), which would allow local governments to enter into agreements to access resident cell phone contact information for enrolling county residents in a county-operated public emergency warning system. We are also pursuing newly available authority to cooperate with utility companies to obtain customer data for these purposes, but state legislation would be needed to obtain cell phone contact information. R8. Expand the use of sirens with LRADs. This recommendation requires further analysis. Sirens and LRAD's have limited reach and ability to be heard inside a building. Local testing has provided mixed results based on topography and other competing outdoor existing noise. This type of system does have valuable application in some areas within the County. For those communities for which these logistical challenges can be overcome, there is considerable appeal for technology such as LRAD's, which carry a more specific message than sirens. To be effective, sirens require communitywide understanding of their meaning and what is expected of residents when they are sounded. R9. Research, develop, and publish plans for the mass movement of populations along designated evacuation routes. This recommendation requires further analysis. Large scale evacuation planning needs to identify which corridors would benefit the most from contra-flow and traffic-light sequencing. The use of experts in this field should be engaged. Coordination with public works agencies and additional funding from a countywide wildfire prevention initiative will be a critical component to our success. R10. Give the highest priority to mitigating known choke points and to maximizing the capacity of existing evacuation routes. This recommendation requires further analysis. Large scale evacuation planning needs to identify "choke points". The use of traffic analysis experts in this field should be engaged. Coordination with public works agencies and additional funding from a countywide wildfire prevention initiative will be a critical component to our success. R11. Incorporate and prioritize plans for mass evacuations in all pending and future traffic/road projects along major escape routes. This recommendation requires further analvsis. Consideration of mass evacuations is an important element for agencies to add to their assessment of road-related capital projects. However, prioritizing evacuation plans above all other considerations may lead to design decisions that impair other important considerations, such as safe use of roads on a daily basis. A balanced lifestyle of each project is required. R12. Educate, prepare, and drill for evacuations in all communities. This recommendation has been implemented. Although all Marin Fire agencies have done this work to some extent, a countywide wildfire prevention program would substantially expand efforts to educate, prepare and drill for evacuations through Marin. R13. Fully integrate public transit into the MERA communications system without further delay. This recommendation requires further analysis. The member agencies of MERA welcome the addition of transit agencies serving Marin. It will be necessary to analyze how to integrate these agencies in a manner that is fair and equitable. R15. Establish in the form of a Joint Powers Authority an umbrella oroani7ation for wildfire ninnninn anti nranararinacc Aionnfnfinn management, public education, alerts, and evacuation), funded by a '/4 cent sales tax. This recommendation requires further analysis. The Marin cities, towns, fire agencies and County are addressing this recommendation with a working group to explore the creation of a countywide wildfire prevention program governed by a countywide joints power authority. The program scope for ongoing, locally-controlled, countywide wildfire prevention program would include the following: • Fire fuel reduction and vegetation management • Defensible-space home evaluations and education • Evacuation planning and neighborhood preparedness • Alert and warning enhancements • Pursuit of grant funds for countywide efforts, as well as grant funding to assist seniors, financially disadvantaged and those with access and functional needs with preparedness measures. This program would require new, ongoing funding. We are currently exploring a potential countywide parcel tax measure in March 2020. Based on our feedback from Marin fire-responsible agencies, we believe that a parcel tax is the appropriate funding mechanism. In addition, we believe the Grand Jury's recommendation may have been based on their assumption that "each jurisdiction would have to pass exactly the same parcel tax measure for the same amount at the same time." It is worth noting that, based on the support of agencies that are responsible for fire suppression, it is allowable for the Board of Supervisors to place a single, countywide parcel tax measure on the ballot. A recent example is Measure A on the November 4, 2014 countywide ballot, which implemented a countywide parcel tax for the Marin Emergency Radio Authority (MERA). Therefore, the results of a countywide measure would require a two-thirds support countywide, but would not require two-thirds support in each jurisdiction. sincerely, Greg Chanis Town Manager Town Council Meetino TOWN OF TIBURON July 17, 2019 1505 Tiburon Boulevard Agenda Item: CC - 7 Tiburon. CA 94920 , e . To: Mayor and Members ofthe Town Council From: Office of the Town Manager Department of Administrative Services Subject: Recommendation to Adopt Resolutions Amending the Management and the Unrepresented Employees Recognition and Incentive Compensation Program for FY 2019-20 r; Reviewed By: FCr� N/A Greg Chanis,Town Manager Benjamin Stock,Town Attorne SUMMARY The Council will consider two resolutions restating the employee recognition and incentive compensation programs for the new fiscal year. RECOMMENDED ACTIONS) 1. Adopt the following Resolutions: a) Amending the Management Recognition and Incentive Compensation Program; and b) Amending the Unrepresented Employees Recognition and Incentive Compensation Program. BACKGROUND Annually, the Town Council adopts resolutions restating the employee recognition and incentive compensation programs for the Town's Management and Unrepresented employee groups. The Management and Unrepresented employees are the largest group of employees and are not represented by any formal organization. The resolutions provide for a one-year compensation program for employees covered under the plan. It is proposed that in FY 2019-20 all Management and Unrepresented employees receive a salary increase of 3.0%. Equity adjustments are made every two years according to the Town's Administrative Policy for setting salary ranges for Management and Unrepresented employees. Salary surveys were performed and no equity adjustments�-Vere needed for FY 19-20. New salary ranges for Senior Planner and Administrative Services & EOC Coordinator are included this year. The new Senior Planner range of$7.387-$9234 is a result of the reclassification of the Planning Manager position. Kyra O'Malley was promoted from Associate Planner to Senior Planner on July 1, 2019 with an increase commensurate with her increased responsibilities. Also proposed is the reclassification of the Emergency Services Coordinator and Police Secretary positions to a single position that encompasses responsibilities from both roles. Laurie Nilsen currently occupies the position of Emergency Services Coordinator and has taken on additional duties previously assigned to the Police Secretary position since it was vacated in August 2015. The TOWN or TtaURON PAGE I or 2 new role of Administrative Services & EOC Coordinator position will have a salary ram c of $6,165-$7.707 which represents a 5% increase over the current rangc for the EOC Coordinator position. This reflects the increased breadth of responsibilities in the reclassified role. Further. it is proposed the position of Town Clerk be reclassified to Town Clerk/Management Analyst. As a result of shifting responsibilities within the Administration Department over the last several years, including increasing the hoLn-s of the Administration Assistant position to encompass duties previously held by the Town Clerk such as event permitting and planning. the Town Clerk has the ability to take on additional duties. Some of the responsibilities previously held by the Management Analyst will be transitioned to the Town Clerk role. Finally. the FY 19-20 budget includes salary and benefits costs for a three month overlap ofthe Town Engineer/Director of Public Works position to allow a transition period for the upcoming retirement of Town Engineer Barnes. The estimated costs of$63,926 includes three months salary, benefits, FICA. and CaIPERS employer costs. ANALYSIS No further analysis provided. FINANCIAL, IMPACT As proposed, the additional cost of this program in FY 2019-20 over the FY 2018-19 budget is estimated at $433,382 broken down as follows: Salary $261,757 CalPEIZS Employer Costs 47,775 Employer FICA 1,891 Insurance Premiums (Est l0%) 121,959 Total $433,382 ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements 01-the California Environmental Quality Act (CEQA) pursuant to Section 15378 of' the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the Town Council: 1. Adopt the following Resolutions: a. An-lendinz the 1v,airagcinent Recognition and incentive Compensation Prouram: and b. Amending the Unrepresented Employees Recognition and Incentive Compensation Program Exhibit: 1. Management Incentive Program Resolution 2. Unrepresented Employees Recognition and Incentive Program Prepared By: Suzanne Creekmore. Director of Administrative Services T mN N r>r Tttit tit» 1.�(; ; 2 m 2 DRAFT RESOLUTION NO. ##-2019 A RESOLUTION OF TI IF TOWN COUNCIL OF 'THE TOWN OF TIBURON RESCIND RESOLUTION NO. 29-2018 AND ADOPTING AN AMI:NDED MANAGEMENT RECOGNITION AND INCENTIVE COMPENSATION PROGRAM FOR FY 2019-20 WHEREAS. in January 1979. the Town Council established and adopted a Management Recognition and Incentive Compensation Program, in order to promote the development of a strong, more effective management team and a means of recon-nizing outstanding management performance in allpublic service areas; and WHEREAS. the Management Recognition and Incentive Compensation program enhances the professional growth. motivation. and loyalty of management employees and promotes a consistently higher level of service to the public; and WHEREAS, the Town Council has updated and amended the Management Recognition and Incentive Compensation Program on several occasions, most recently in July 2018 by the adoption of Resolution No. 29-2018: and WHERAS, the Town of"hiburon management employees are defined to mean the following positions: Town Manager Town Attorney Chief of Police Director of Administrative Services Director of Community Development Director of Public Works/Town Engineer NOW, THEREFORE. BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby repeal Resolution No. 29-2018 and all predecessor versions of the Management Recognition and Incentive Compensation Prooram and adopts the following amended Management Recognition and Incentive Compensation Program: SECTION 1. SALARIES Effcctive ,Iuly 1. 2019 salary ran( es for management positions shall be: Chief of Police $13.038 - $16.298 Director of Administrative Services $10.128 - $12.660 Director ofCommunitV Development $10260 - $12.825 Director of Public Works/Town En<>ineer $12.643 - $15.803 Attorney Based on Contract Town Mana(-ler Based on Contract EXHIBIT I Page I of.8 Toren Cmincil Resohaion No. ##-2019 DRIFT 07,16/2019 SECTION 2. SALARY ADJUSTMENTS Movement through the salary ranges will be based upon merit following a comprehensive written performance evaluation by the Town Manager. SECTION 3. BENEFITS AND INSURANCE The Town shall contribute a dollar amount equal to the combined total ofthe CalPERS Kaiser two-party premium and Delta Dental family premium towards a Management employee's cafeteria plan to purchase medical, dental, life and disability insurance. This dollar amount will bloat with the increase or decrease in the cost ol'the Call'E.RS Kaiser two-party and Delta Dental family rate. If the full sum specified is exceeded for group insurances Of given employee, then that employee shall pay the balance of the monthly cost via a payroll deduction from the first two payrolls ofthe month. lfthe full sum specitied is not used for the group insurances cost of a given employee.. then that amount, not to exceed $400 per month, shall deposited into one of the Town's Deferred Compensation Plans in the employee's name. Any employee who on December 31. 2008 receives more than $400 per month accruing fringe shall be capped at the higher amount. Should. at any time. such employee's accruing fringe fall below the grandfathered cap. but more than $400 per month, the lower amoant becomes that employee's new; cap. Retirement—The Town contracts with CalPERS for the provision ofa retirement program for its miscellaneous and public safety employees. The Town does not administer the retirement program and makes no representation ofthe specific parameters ofthe program beyond what is provided in the Town's contract with CalPERS. Employees may obtain a copy ofthe CalPERS contract to review all elements of the current program. Effective July I, 2015, all employees considered "classic" under CalPERS shall "pick up" I% of the CalPERS Employers rate. phis additional 1% is above the Employee's normal rate of 7% for Miscellaneous and 9% for Safety. Employees considered ``neve" under PEPRA shall continue to pay 50% of-the normal cost. The employee retirement contribution shall be made on a pre-tax basis as allowed under Internal Revenue Code 414(h)(2). For Miscellaneous Members ofthe Public Employee's Retirement System hired prior to January I. 2013. the Town ofTiburon shall provide the CalPERS 21% '(I 55 retirement formula. with the highest single year calculation. Public Safety members hired prior to January 1. 2013 shall receive the 3% n 55 retirement formula with the highest 36 months calculation. Miscellaneous members hired after July 1, 2013, who are "new members' ofthe retirement system as defined by CA Government Code Section 7522.04(f) shall be provided the 2% at 62 benefit 'Formula with the highest 36 months calculation. Public Safely employees hired on or after January I, 2013, who are "iie\v members" ofthe retirement system as defined by CA Government Code Section 7522.04(f). shall receive the 2.7% (4) 57 retirement formula with the highest 36 months calculation Putre 2 of 8 Town Comicil Resolution No. i'1-2019 DRAFT 07,/16/201 Q Medical 111sura11ce - ']'Ile Town of Tiburon offers management employees and their dependents medical/hospital insurance coverage. A qualified employee may choose from the plans offered throu,1211 the Public Employees Retirement System I lealth Benefits Division for medical/hospital insurance coverage. Such insurance is mandatory for covered employees unless they can demonstrate compliance with other coverage. Dental Insurance - The Town of Tiburon offers management employees and their dependents a dental plan. Such insurance is mandatory for all qualified employees unless they can demonstrate compliance with other coverage. Life lnsurance - The Town of"hiburon offers management employees a life insurance policy equal to one year's salary. not to exceed $95,000. Such insurance is mandatory for all full-time employees. If the mandatory amount is not exceeded, the Town of TibLu-on offers management employees additional life insurance up to a combined total of no more than $95,000. Participation is optional. Disability lnsurance - The Town of Tiburon offers management employees long term disability insurance. Such insurance is mandatory. Lone Term Care - The Mown of Tiburon offers management employees a long-term care policy. Participation is optional. Deferred Compensation Plan - The Town of Tiburon offers a deferred compensation plan to management employees. Such monies deposited would become tax-deferred and would be subject to income taxation in the year they are withdrawn from the deferred compensation plan. Participation is optional. IRS Section 125 flan - The Town of Tiburon offers management employees the ability to participate in its IRS Section 125 Plan. Participation is optional. SECTION 4. VACA"T"ION LEAVE In recoonition of the Fact that many top management personnel are recruited from outside the "Down. that the average tenure for those management personnel is substantially more than that of non-management personnel. and that at least three years prior experience is required. the following vacation leave policy for management personnel shall be implemented: Mana<,ement employees shall accumulate vacation leave in accordance Nvith the 1,0110«in( vacation time entitlement: Service Work Days 0-5 Years 15 Days 6-15 Years 20 Days 16+- Years 25 Days Page.3 ol8 Town Council Resolzrlion No. '.`1-2019 DRAFT 07/16/2019 Upon termination ofa management employee's service with the "Down, such employee shall be paid a Ilunp sum equivalent to his/her accrued vacation leave. Maxlmnm accumulation of vacation leave is 40 workdays. SECTION 6. SICK LEAVE Mana«ement employees shall be entitled to accrue one working day of sick leave with pay for each month or major fraction thereof. Sick leave may be accrued by management employees without a maximun limitation. SECTION 7. SICK LEAVE PAY OFF Management employees hired prior to July 1, 2001 may receive cash equivalent compensation of 50% of their accrued sick leave_, up to a total of 60 days. if the following conditions are met: a. The employee files for a service retirement from the Town, or b. The employee voluntarily separates from the Town and has at least 15 years of service with the Town. Effective July 1, 201 1, the cash value of this benefit will be determined based on each employee's hourly rate and number of eligible hours for cash-out purposes (50% of sick leave balance, up to 60 days). This value will be documented and the value capped. This value cannot grow through additional accrued sicl< leave or thou<-111 increases in pay. Employees with 15 years or more service with the Town may request a cash-out of 60% of the eligible hours (early cash-out option). Should an employee request the early cash-out of 60% of the eligible sick leave hours, they will not be entitled to any further sick leave cash-out upon retirement or separation of employment with the Town. Those hours cashed out will be deducted from the employees sick leave balance. if. an employee is not eligible for. or elects not to take, the early cash-out option.they shall be paid the frozen dollar value upon separation of employment with the Town. The only way the Irozen dollar amount can be lowered is if an employee has less accrued sick leave hours upon separation of employment than they do on July 1, 201 I. For tax planning purposes. should an employee desire to tale the early cash out option, they will be allowed to take this payment in either 201 1 or in January 2012. For management employees hired after July 1. 2001. they may accrue unlimited sick leave vv ith no option for "cashback" benefits. SECTION 8. HOLIDAYS. The Town agrees to provide management employees the following holidays: New Year's Day January I Martin Luther Kine Day Third Monday in January President's Day "Third Monday in February Memorial Day Last Monday in May A 4 of 8 T(Arn Cow7cil Resoh-Kion No. #fl-2019 DRAFT 07/16,12019 Independence [.Jay July 4 Labor Day First Monday in September Veterans Day Observed during Holiday Ftn-lou(Ih Thanks«iving Day Fourth Thursday in November Friday after Thanksgiving Christmas Eve December 24 Christmas Day, December 25 New Year's Eve December 31 When a holidav falls on a Saturday, the preceding Friday shall be observed. l-lowever. ifa holiday falls on a Saturday and the preceding Friday is also a holiday. the Town Manager may, designate the preceding Thursday or following Monday to observe the holiday. When a holiday falls on Sunday, the following Monday shall be observed. I loxvever. when a holiday falls on a Sunday and the following Monday is also a holiday. the Town Manager may designate the preceding Friday or following Tuesday to observe the holiday. SECTION 9. HOLIDAY CLOSURE All represented and non-represented employees will be required to take I day vacation or administrative leave as part ofthe holiday closure program. The Town will also contribute one day offas part ofthe program. Tiburon Town Hall will be closed from December 23. 2019 through January 1, 2020. Proposed Schedule: Monday. December 23, 2019 Town Contributes l Day Tuesday, December 24. 2019 Christmas Eve Holiday Observed Wednesday. December25. 2019 Christmas Day Thursday. December 26, 2019 Veteran's Day Observed Friday. December 27, 2019 Town Hall Closed Monday. December 30, 2019 Employee Contributes 1 Day huesday.. December 31. 2019 New Years Eve Holiday Observed Wednesday. January 1. 2020 New Year's Day SI CTI ON 10. A1)MINISTRAT]VE LEAVE In recognition ofthe lone hours required to perform at the management level. including attendance at numerous meetings outside normal working hours. the 1'6110winU, Administrative Leave policy shall be implemented: Management employee may receive up to ten days administrative leave annually- to be awarded at the discretion of the Town Manager. SECTION 1 L DINNER ALLOWANCE All management employees who live more than 10 miles from Town and who are required to attend night meetings or work after office hotn-s beyond 7:00 P.M. may be Page 5 of8 Town Council Resolution No. 10-2019 DRAFT 07!16/2019 reimbursed in an amount not to exceed $25.00 for the purchase Ofdinner for that night. This allowance applies to management employees who reside outside a ten-mile radius of the Town. Employee reimbursement is subject to the approval of the Town Manager and must be accompanied by a restaurant receipt. which shall include the amount, date. meeting or purpose, and the employee's name. SECTION 12. TERMINATION ALLOWANCE In order to foster job security within a professional climate. management employees will be entitled to severance pay when they are terminated from Town service. However; such employee must be in the employ of the "town for at least three (3) years, and such termination is not for cause or for reasons listed in Government Code Section 19572. the Town's Personnel Rules & Regulations, Section 6. or any, employee vrho voluntarily resigns fi-om Town Service for personal reasons. Unless otherwise noted in an Employment Agreement. Management employees shall be covered by the following termination allowance schedule: Service Work Weeks After: 3 years I month 7 years 2 months 10 years 3 months This severance pay is in addition to any accrued vacation leave, unused at the time of termination. SECTION 13. VEHICLE USAGE/ALLOWANCE; Management employees, to a far greater extent than other Town employees, are required to travel throughout the Town, County. and Bav Area to fulfill their job requirements. This travel is 'frequently required outside of normal vvorkin(Y hours. In recognition OftlliS employment requirement, the Town shall provide either the use of a "I own vehicle or an automobile allowance, as provided in the "Form bud(-'ct. Use of a Tovv.n vehicle shall be in accordance with the Town's Administrative Policies and Procedure, and is not intended Im-private use. SECTION 14. TUITION REIMBURSEMENT In order to promote continued development of skills. knowledge, and abilities among management employees, the Town of Tiburon shall reimbursement the costs of tuition. books and fees at the rate of the California State UniversitN system. I_mployccs must receive prior approval of the Town Mana(!er and submit certified tran,cripts with the evidence ofa grade of"C" or better from an accredited college or-univ ersity and submit bona fide receipts to qualify for tuition reimbursement. This provision has been suspended since FY 201 1-12. Page 6(#'8 Town Council Resolution No. 99-2019 DR,41,7-0 i16%201 J S1�:CTION 15. PROFESSIONAL MEMBERSHIP FEES Most management personnel are expected to maintain membership in appropriate professional organizations. These memberships serve to acquaint the Town with current programs and procedures in these professional areas by means of publications and specific activities. The Town will include the cost of these membership fees in the respective departmental budgets. SECTION 16. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE For any Management employee hired prior to July 1. 2009.the Fosvn of Tiburon will make contributions toward a retired employee's medical insurance plan based upon the followinu conditions: a. Employee must retire directly from employment with the ToNvn of Tiburon and apply to PERS for retirement benefits. b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. C. The "Down's contributions rate is based on the follovvini7 fol'mUla: Percent of Kaiser Years of Consecutive Single Rate Service to Tovvn 50% 15 Years 75% 20 Years 100% 25 Years Such covera(-,e is not extended to employee's spouse or other dependents. NOW. THEREFORE. BE IT FURTHER RESOLVED that the provisions of this resolution shall supersede any other previous rules and resolutions of theDown of"I'iburon which may be in conflict herewith. Town Council Resolnlion Alo. _4#-2019 DRAFT 07/16%20]9 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 17. 2019. by the following vote: AYES: COUNCILMEIVIBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: DAVID KULIK. MAYOR "TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK IlWe 8 of 8 Toiriz Co2177cil Resollllioi7 No. #�'s-2019 DRAFT 0:/1612019 DRAFT RESOLUTION NO. ##-2019 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 30-2018 AND ADOPTING AN AMENDED UNREPRESENTED EMPLOYEES RECOGNITION AND INCENTIVE COMPENSATION PROGRAM Wl-IEREAS, in January 2002, the Town Council established and adopted a Mid- Management and Unrepresented Employee Recognition and Incentive Compensation Program in order to attract and retain professional, competent and qualified employees to carry out the Town's public service mission, and WHEREAS, such a program enhances the professional �,rowth. motivation. and loyalty of mid-management, professional and confidential employees and promotes a consistently higher level of service to the public, and WHEREAS, the Town COuneil has updated and amended the Mid-Management and Unrepresented Employee Recognition and Incentive Compensation Pro�gyram most recently in July 2018 by the adoption of Resolution No. 30-2018; and WHEREAS, the Town of Tiburon Unrepresented employees are defined to include the following positions: Building Permit Technician Planning Technician Superintendent of Public Woks Building Official IT Coordinator Building Permit Clerk Planning Manager Senior Planner' Town Clerk/Management Analyst Associate Civil Engineer Administration Assistant Community Development Aide Building Inspector Administrative Services & FOC Coordinator Finance & Accounting Manager NOW. THEREFORE, BE IT RESOLVED that the Town Council ol'the Town of Tiburon does hereby repeal Resolution No. 30-2018 and all predecessor versions ofthe Mid- Management and Unrepresented Employees Recognition and Incentive Compensation Program and adopts the following amended Mid-Management and Unrepresented Emplovecs Recognition and Incentive Compensation Program: SECTION 1. SALARIES Effective July 1. 2019 salary ranges for positions covered by this resolution shall be: Assistant Planner S5.541 - S 6.926 Building Permit Technician $5.228 - $ 6.535 EXHIBIT 2 Town Couicil Resohmon:Vo. :-'=-2019 OR.I(T(I7 10 -1019 1'll,e 1 of7 BuildinU) OClicial $9,1 34 - $1 1,418 Superintenclent of Public Works $8,752 - $10.,940 Associate Civil EnIgineer $7,338 - $ 9,448 Senior Planner $6,634 - $ 8,292 ']'oven Clerk/Management Analyst $6,787 - $ 8,483 Administration Assistant $4,530 - $ 5,663 Community Development Aide $4,202 - $ 5,252 Building Inspector $6,951 - $ 8,689 Building Permit Clerk $4;530 - $ 5,663 Plannin'o Technician $4.530 - $ 5,663 Information Technology Coordinator $7.523 - $ 9,404 Admin Services & LOC Coordinator $6,165 - $ 7,707 Finance & Accounting Manager $7.010 - $ 8,762 SECTION 2. SALARY ADJUSTMENTS Movement through the salary ranges will be based upon merit following a comprehensive written performance evaluation by the employee's supervisor. SECTION 3. BENEFITS AND INSURANCES The Town shall contribute a dollar amount equal to the combined total of the Ca1PERS Kaiser two-party premium and Delta Dental family premium to each Mid-Management and Unrepresented employee's cafeteria plan to purchase medical, dental, life and disability insurance. This dollar amount will float with the increase or decrease in the cost of the CalPERS Kaiser two-party and Delta Dental family rate. If the full sum specified is exceeded for group insurances of a given employee, then that employee shall pay the balance of the monthly cost via a payroll deduction fi-om the first two payrolls of the month. If the full sum specified is not used for the group insurances cost of a given employee, then that amount. not to exceed $400 per month, shall deposited into one of the Town's Deferred Compensation Plans in the employee's name. Any employee who on December 3 I. 2008 receives more than $400 per month accruing fringe shall be capped at the higher amount. Should, at any time. such employee's accruing fi-inge fall below the grandl'athered cap. but more than $400 pet-month, the lower amount becomes that employee's nevv cap. Retirement—The Town contracts with CalPERS for the provision of a retirement pl' wranl For It$ 1111scellm-ous and public safety e mnlovet-z Tl1P TnNxi;1 drJec nr�f administer the retirement program and makes no representation ofthe specific parameters of the program beyond what is provided in the Town's contract with CalPERS. Employees may obtain a copy of the C ilPERS contract to review all elements of the current program. Effective July 1, 2015, all employees considered "classic'' under CalPERS shall "pick up" I% of the CalPERS Employers rate. Thi,, additional 1% is above the Employee's Tou'ia Council Resolution \o. ::::--?019 1)1Z.1 FT 0 Page 2 oJ'7 normal rate of 7% for Miscellaneous and 9% for Safety. Employees considered "new" under PEPRA shall continue to pay 50% of the normal cost. The employee retirement contribution shall be made on a pre-tax basis as allowed under Internal Revenue Code 414(h)(2). For Miscellaneous Members of the Public Employee's Retirement System hired prior to January 1, 2013, the Town of Tiburon shall provide the CalPERS 2% a, 55 retirement formula, with the highest single year calculation. Public SafetN members hired prior to January 1, 2013 shall receive the 3% (c- 55 retirement formula with the highest 36 months calculation. Miscellaneous members hired after July 1 2013. who are "new members" of the retirement system as defined by CA Government Code Section 7522.04(f) shall be provided the 2% at 62 benefit formula with the highest 36 months calculation. Public Safety employees hired on or after.laniary 1. 2013, who are "new members" of the retirement system as defined by CA Government Code Section 7522.04(1), shall receive the 2.7% @ 57 retirement formula with the highest 36 months calculation Medical Insurance - The Town of Tiburon offers its employees and their dependents medical/hospital insurance coverage. An employee covered under this resolution may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for medical/hospital insurance coverage. Such insurance is mandatory for employees unless they can demonstrate compliance with other coverage. Dental Insurance - The Town of Tiburon offers employees and their dependents a dental plan. Such insurance is mandatory for all employees unless they can demonstrate compliance with other coverage. Life I11SUrance - The Town of Tiburon offers employee covered by this resolution a $25,000 life insurance policy. Such insurance is mandatory. 'Ilie Town of Tiburon offers employees covered by this resolution additional life insurance above the mandatory $25,000 policy. up to a combined total of no more than $95.000. Participation is optional. Disability Insurance - The Town of Tiburon offers employees covered by this resolution long term disability insurance which provides mo-thirds of an employees salary up to a maximum benefit of$4.500/month. Such insurance is mandatory. Long Term Care - The Town of Tiburon offers covered employee a long-term care policy. Participation is optional Deferred Compensation Plan - The Town of Tiburon offers a choice of two deterred compensation plan to employees. Such monies deposited would become tax-deferred and would be subject to income taxation in the year they are v-vithdrawn from the deferred compensation plan. Participation is optional. Touv7 Council Resolnlion Yo, ::::_2019 DR.J1 7 07 10 '1019 Pn�e 3 of 7 IRS Section 125 Plan - The Town of Tiburon offers employees the ability to participate in its IRS Section 125 Plan. Participation is optional. SECTION 4. VACATION LEAVE Mid-mana0ement and Unrepresented employees shall accumulate vacation time in accordance %with the following vacation entitlement schedule: Service Work Days 0-5 Years 12 Days 6-10 Years 18 Days 1 1+ Years 20 Days Upon termination of a covered employee's service with the Town, such employee shall be paid a lump sum equivalent to his/her accrued vacation leave. Maximum accumulation ofvacation leave is 35 workdays. SECTION 5. SICK LEAVE Mid-management and Unrepresented employees shall be entitled to accrue one working day of sick leave for each month or major fraction thereof. Sick leave may be accrued by qualified employees without a maximum limitation. SECTION 6. SICK LEAVE PAY OFF Mid-maria<uement and Unrepresented employees hired prior to July 1, 2001 may receive cash equivalent compensation of 50% of their acc►•ued sick leave, up to a total of 60 days, ifthe following conditions are met: a. The employee files for a service retirement fi•om the Town, or b. The employee voluntarily separates from the Town and has at least 15 years of service with the Town. F,ftective July 1. 201 I. the ca,h value of this benefit will be determined based on each employees hourly rate and mrmber of eligible hours for cash-out purposes (50% of sick leave balance, up to 60 days). This value will be documented and the value capped. This value cannot grow through additional accrued sick leave or thoubh I ll( PE'a C('C In nn t-Ill it 111\/PPC �\/Ith r S vr�a t•c �r ninrr� c�,rv�r�n ntr, tr,n T(..,,.1 ... L...� ......I�..,.....,, .,..., .,� v� vvIu1 ul�, ivvvu utu� request a cash-out of 60% of the eligible hours (early cash-out option). Should an employee request the early cash-out of 60% ofthe eligible sick leave hours, they will not he entitled to any further pick leave cash-out upon retirement or separation of employment with the Town. (hose hours cashed out will be deducted from the employees sick leave balance. If an employee is not eligible for, or elects not to take. the early cash-out option. the% shall be paid the frozen dollar value upon separation of employment with the Town. The only way the frozen dollar amount can be lowered T(m n Council Resolution.Vo. ::::_-?Ol9 OR,I i 7-07 16 2019 Pa( e 4 of'7 is if an employee has less accrued sick leave hours upon separation of employment than they do on July 1. 2011. For tax planning purposes, should an employee desire to take the early cash out option. they will be allowed to take this payment in either 2011 or in January 2012. For employces hired after July 1. 2001 in Mid-Management and Unrepresented positions may accrue unlimited sick leave with no option for "cashback" benefits. SECTION 7. HOLIDAYS The Town agrees to provide Mid-Management and Unrepresented employees the following holidays: New Year's Day January 1 Martin Luther King Day Third Monday in January President's Day "Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veterans Day December 26 (observed) Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Christmas Eve December 24 Christmas Day December 25 New Year's Eve December 31 When a holiday falls on a Saturday. the preceding Friday shall be observed. However, if holiday falls on a Saturday and the preceding Friday is also a holiday, the Town Manager may designate the preceding Thursday or following( Monday to observe the holiday. When a holiday falls on Sunday. the following Monday shall be observed. However, when a holiday falls on a Sunday and the following Monday is also a holiday,the Town Manager may designate the pre MlIM-1 Friday or following Tuesday to observe the holiday SECTION 8. HOLIDAY (:LOSURE�: All represented and non-represented employces will be required to take 1 day vacation or administrative leave as part of the holiday closLu-e program. The Town will also contribute one day off as part of the program. Tiburon Town Hall will be closed fi-om December 23. 2019 throuU1h Janual-y 1. 2020. Proposed Schedule: Monday. December 23. 2019 Town Contributes 1 Day Tuesday. December 24. 2019 Christmas Holiday Observed Wednesday.. December 25. 2019 Christmas Da, Toirn C'orrncil Resohuion\o. :=:=-2l)19 0R.11-1-01 10 2019 P( e 5 ol'7 Thursday. December 26. 2019 Veteran's Day Observed Friday. December 27. 2019 Town Hall Closed Monday. December 30. 2019 Employee Contributes 1 Day Tuesday. December 31. 2019 New Year's Eve Holiday Observed Wednesday, January I, 2020 New Year's Day SECTION 9. ADMINISTRATIVE LEAVE In rccognition ol'the long hours required to perform at the Mid-Manabement and Unrepresented level, including attendance at numerous meetings outside normal working hours. the following Administrative Leave policy shall be implemented. Each exempt Mid-Management or Unrepresented employee may receive up to ten days administrative leave annually, to be awarded at the discretion of the Town Manager. Administrative Leave shall be taken in one hour increments. SECTION 10. DINNER ALLOWANCE All Mid-Management and Unrepresented employees who live more thanl0 miles from '['own and who are required to attend night meetings or work after office hours beyond 7:00 P.M. may be reimbursed an amount not to exceed $25.00 for the purchase of dinner for that night. Employee reimbursement is subject to the approval of the Town Manager and must be accompanied by a restaurant receipt which shall include the amount, date, meeting or purpose, and the employee's name. SECTION 11. TUITION REIMBURSEMENT In order to promote continued development of skills, knowledge, and abilities a1nong employees, the Town of Tiburon shall reimburse the costs of tuition, books and tees at the rate of the California State University system. Employees must receive prior approval ol'the Town Manager and submit certified transcripts with the evidence of a grade of"C" or better from an accredited college or university and submit bona fide receipts to qualify for tuition reimbursement. This provision has been suspencled since FY 2011-12. SECTION 12. RETIRED F MPLOYEFS MEDICAL ALLOWANCE For employees covered by this Resolution and who were hired prior to July 1. 2009. the Town of Tiburon will make contributions toward a retired employee's medical insurance plan based upon the following conditions: a. Employee must retire directly from employment with the Town ofTiburon and apply to PERS for retirement benefits. b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. Tuiin Coiuuil Rcsulruion.Ao: ===-,019 DR.1T T 07,'16.2019 Pane 6 o/7 C. The Town's contribution rate is based on the following formula: Percent of Kaiser Years of Consecutive Sin<udc Rate Service to Town 50% 15 Years 75% 20 Years 100% 25 Years Such coverage is not extended to employee's spouse or dependents. Employees hired afiterJuly 1, 2009, shall not be eligible for retiree medical allowance. SECTION 13. PERSONNEL RULES & REGULATIONS In the event any provisions of this Resolution contradict those included in the Town's Personnel Rules & Regulations. the terms of this Resolution shall prevail. PASSED AND ADOPTED at a regular meeting ofthe Town Council of the Town of Tiburon on July 17, 2019 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: DAVID KULIK, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI. TOWN CLERK Toirn C'orrncil Resolalion 10. : =-2019 QR.II-7 0- ;G 2019 Pc{,e 7 of- Town Council Mee1i110 TOWN OF TIBURON July 17. 2019 1505 Tiburon 1301-11evard Agenda Item: CC - g Tiburon- CA 94920 To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Accept the May 2019 Investment Summary ,rr Reviewed By: r� N/A Greg Chanis,Town Manager Benjamin Stock,Town Attorney SUMMARY Staff provides the Town Council a monthly report on the Town's investment activity. This report is for the month ended May 31,2019. RECOMMENDED ACTION(S) 1. Staff recommends that the Town Council: Move to accept the Investment Summary for May 2019 BACKGROUND Plll-Stlallt to Government Code Section 53601, staff is required to provide the Town Council \-vith a report regarding the Town's investment activities for the period ended May 31, 2019. ANALYSIS May 2019 Agency Interest Investment Amount Rate Maturity Town of Tiburon Local Agency Investment $23,549,020.73 2.449`% Liquid Fund (LAIF)- Beginning Balance as of 05/01/2019 Total Ending Balance as of $23,549.020.73 05/31/2019 The total invested at the end of the prior month was $23,549,020.73, therefore: the Town's investments did not change in value. Interest is posted by LAIF quarterly. TOwN OFT]BURON PAGE I or-2 Attached as Exhibit I to this report is the Towers Public Agency Retirement Services May 2019 Statement for its Section 115 Irrevocable Trusts for Other Post-Employment Benefits and Pension. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing—safety, liquidity and yield in this respective order. ENVIRONMENTAL REVIEW Staff has preliminarily determined that acceptance of this investment summary is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a pr0,ject Under CEQA. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for May 7019 Exhibit(s): 1. PARS Section 115 Trust Account activity for May 2019 Prepared By: Suzanne Sweitzer,Director of Administrative Services "hOw'N o)F TIBt lzo.y' f':�t;t: 2 OF 2 :_i P I j l�It �f '.0 I MPAFM 1 1 t TOWAI OF 17BURON Account Report for the Period R,IRSPost-1,nploPnentBene fits77rrst 5/1/2079 to 5/31/2019 Orcg l ('haniti (( {� )( (� own til(inaf)er JUN 19 2019 Town ofTiburon 4d°, � f) 1505 'l iburon 131vd. W l'jhuron;CA 9=4920 Account SU3nn1Qy lieginuing B:dance as Ending, or 13:tl:tnce as of Source Sll/2019 Contributions Earnings Expellses Distributions hamsters 5/31;2019 OPER $2,321,078.24 $0,00 -$72,574.12 $483.56 $0.00 $0.00 $2248.020.56 PI:N.SION $1,307,001.47 $0.00 -$10,584.74 $272.29 $0.00 $0.00 $1,296,144.44 Totals 'S3,628,079.71 $0.00 -$83,158.86 $755.85 $0.00 $0.00 $3.544,165.00 Investment Selection source 0111,13 Balanced Index PLUS PENSION Moderately Conservative Index PLUS Investment Objective Source I he dual goals of the Balanced Strategy arc growth of,prineipal and income.While dividend and inlcrcm inanne:it an imporuml comprntenl of "PHI the objective's total return,it is expected that capital appreciation will comprise a larger portion ol'the total icuum.The porllbho will be,dlocatcd between equity and fixed income investments. 1 he dual goals oflhe A9oderolely Conservative Strategy arc current income and moderate capital appi eciation.the major portion of the assets is PPNJION commitled to income-producing securities.Market Iluctuatio s should be expected. fr2vest.went Return Annualized Return Source I-Month 3-Months 1-Year 3-fears 5-Years 10-Years Plan'S inception Date 2.39';,, - .. .. 2;15,''2016 N NMON -0.819'i, 1.7o`/, 7'1()!:?018 Incl ;.�ti, a .ti J,; ed h..=.ti Il,uk. h—,', lo,P,AR, \ni PDIC In:a,.,,: No Bank(iun May Loan Valm I'.. po 1',1t;:nee d,r,1101 t-u: uu liamc rtiu_ P,, mi'xe 11[11Mm:.y not rtihcl till dulnU;on oral)[ l aIle Ice;,tchich 11,u1d 1111011 rcumis Inlomlotir t i's d—lied 1,1 n.c l _,wyaa to chnm�r° In—tm-i Rcmm Ann-I.A ed rate M lewu,Is he reu: on:ill i•,s almant over:,period crther thmi one,adr(miltiplicd or divided to gne a cc 1""able out scs rnmi_ A cc;nnn b:dancts me iwi-p.e of]not Admmisu'.uion. -'silo;md huaslmmt Manaeenx•nt:eel I irmi� -,i.r:--1 1i0 V,m F r n A,c-Suite 100.N I +it Iiv-h,(..A 92660 ROO.,;O f, 6 l i%910-0.120 .cs_[ EXHIBIT 1 Town Council Meeting TOWN OF TIBURON JLIly 17. 2019 1505 Tiburon Boulevard Agenda Item: CC-9 Tiburon. CA 94920 To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Ratify Mayor's Signature on Letter of Support for Golden Gate Bridge District Federal Funding Reviewed By: Greg Chanis,Town Manager Benjamin Stock,Town Attorney SUMMARY The Golden Gate Bridge, Highway and Transportation District has requested the Town's support in their application for federal grant funds for the purchase of a new high-speed ferry. RECOMMENDED ACTION(S) 1. Ratify Mayor's signature on the letter. BACKGROUND The Golden Gate Bridge, Highway and Transportation District has requested the Town's support fora federal grant application toward the purchase of a new high-speed ferry. The District requests the attached letter(Exhibit 1) indicating the Councils support. The new ferry would operate between San Francisco and the North Bay. As stated in the support letter. a new ferry is needed due to growing ridership and increasing challen«es to maintain com,istent and reliable service. The District also hopes a new terry vwill optimize use of the SMART train, soon to being serving the Larkspur ferry terminal. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. ENVIRONMENTAL REVIEW TOWN OF TiBURON PAGE I Of 2 Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the Town Council ratify the Mayor's signatUre. Exhibit(s): _ 1. DRAFT Letter of Support Prepared By: Lea Stefani."Down Clerk ToN).o. or Tm Im.v 1: 2 of 2 The Honorable Elaine L. Chao Secretary of Transportation US Department of Transportation 1200 New Jersey Avenue, SE Washington, DC. 20590 Dear Secretary Chao, We are writing to request that you give full and fair consideration to the Golden Gate Bridge Highway and Transportation District's (District) $18 million application to the Better Utilizing Investments to Leverage Development (BUILD) grant program. The District seeks 2019 BUILD program funds for the design, construction, and delivery of a new, 500-passenger, high-speed ferry vessel intended to operate between the City and County of San Francisco and the north bay. The project has a total cost of$30 million, and is requesting 60% of total funding from the BUILD program and 40% of the project will be supported with non-federal sources (from both state programs and bridge tolls.) The District's ferry service, Golden Gate Ferry (GGF) is a critical transportation mode for thousands of North Bay residents who rely on GGF to access high-paying, skilled jobs in San Francisco. According to a 2015 passenger survey, work-related trips account for 89 percent of the Larkspur terminal ridership and 80 percent of all trips on GGF. A new, eighth ferry is needed for the GGF system because with growing ridership and coast guard mandated dry docks, provision of consistent and reliable service has become increasingly challenging. Ferry ridership has grown by an average of 3% percent annually from 2004-2018 and by 45% cumulatively from 1,739,720 riders in calendar year 2004 to 2,527,118 riders in calendar year 2018. All seven existing ferries are currently in service during the peak summer season, stretching GGF's ability to perform routine maintenance and putting the day-to-day reliability and resiliency of the fleet at risk. The loyalty of ferry commuters, 97% of whom have a driver's license and at least one vehicle available at home, is also at risk if ferry service were to become less reliable. The San Francisco Ferry Building Terminal is within walking distance of 300,000jobs and the nearby Transbay Transit Terminal. These link Ferry passengers to BART, MUNI, Caltrain, and locations throughout the Bay Area. With congestion on Highway 101 north of the Golden Gate Bridge, ferry commuters save about 15-30 minutes from their commute each way. With the assistance of federal funding, SMART rail will soon begin serving the Larkspur Ferry Terminal, from where 89% of ferry commuters are destined for their place of work. We hope that an eighth ferry will, in time, help optimize the federal investment in SMART by assuring its commuters will be able to avail themselves of reliable ferry transportation into San Francisco. EXHIBIT 1 We believe the application of the Golden Gate Bridge, Highway and Transportation District for $18 million in BUILD funds assuring the continued success of its ferry system, reflects precisely the type of project that Congress had in mind when making available $900 million for this program. We strongly urge that it be favorably considered. Sincerely, David Kulik, Mayor Town of Tiburon Town Council Meetin<a TOWN OF TIBURON July 17. 2019 1505 Tiburon Boulevard Agenda ]tem: PH - I Tiburon. CA 94920 To: Mayor and Members of the Town Council From: Department of Public Worl<s Subject: Encroachment Permit (No. 19-032) application by Caprice Restaurant for the use of a portion of the public parking lot at the intersection of Paradise Drive and Mar West Street as a drop oft,-and pick up valet service location. Reviewed By: Gre<a,Chanis.]own Ndana,_Yer Ben'amin Stock,Town Attorney SUMMARY Consider an Encroachment Permit (No. 19-032) application by Caprice Restaurant for the use of aportion of the public parking lot at the intersection of Paradise Drive and Mar West Street as a drop off and pick up valet service location. The Caprice Restaurant site is located at 2000 Paradise Drive, and is Marin County Assessor Parcel No. 059-172-46. RECOMMENDED ACTION(S) 1. The Town Engineer/Director of Public Works has referred this application to Town Council for approval. BACKGROUND On March 19. 2019. Jerry Dal Bozz_o. owner of Caprice Restaurant, submitted an Encroachment Permit Application fog- 2000 Paradise Drive in Tiburon. The applicant is seeking permission to use a portion of the public parking lot at the intersection of Paradise Drive and Mar West Street as a chop off and pick up valet service location for the restaurant. The applicant originally wanted the valet service located on the restaurant's property on Paradise Drive. Staff objected to this location due to safety reasons. The valet drivers and restaurant patrons would have to mal<e a U-turn on Paradise Drive to head back into town. The applicant then suggested using the parking area at the intersection of Mar West and Paradise Drive. Staff agreed that this was a better proposal. However. as this proposal uses public property for a private purpose. staff informed the applicant that. in accordance with `mown policy (Exhibit 1) this request would need to be approved by the Town Council. On April 19. 2019, the applicant provided additional documentation to staff related to their requested encroachment permit. This information is attached as Exhibits 2, 3 and 4. In TOWN OP TIBURON PAGE 1 OF 4 preparation for the meeting tonight a Legal Notice was published in the ARK on .July 3, 2019 and mailed out to property owners within 300 feet of 2000 Paradise Drive the same day. ANALYSIS T0Im Polh y Town Council Resolution No. 45-2014 (Exhibit 1) states. "Encroachment permits for work Within. upon, or beneath Town streets, street right of ways, and other Town interests in real property (including easements) should not be issued in the following instances:" D.I Encroachment for the purpose of, or having the practical effect of, privatizing the affected area for the exclusive use or benefit of one or a limited number of individual owners in lieu of the general public, except as may be authorized under section C.S. D.2 Encroachments that would block, impede, or discourage public use or access over an area determined by the Town Engineer to be appropriate and suitable for public use or access either at present or in foreseeable future. Section C.5 of the resolution reads: To accommodate parking that would be required by the Municipal Code for a newly constructed use of the type associated with the encroachment permit. where the Town finds that (a) the applicant cannot feasibly locate such parking on private property; (b) the public safety or welfare is better served by allowing Such parking to encroach; (c) a Substantial and material public safety benefit will result in that a substandard safety related public street condition (Such as inadequate width or sight distance) in the project's public street frontage will be made standard or significantly improved: and d) the physical extent of the encroachment is minimized to the extent feasible. The Applies«t The applicant's documentation (Exhibits 2 and 3) documentation includes: 1. Proposed Valet Service Operations (Exhibit 2). 2. Photographs and aerial maps showing the valet service route and podium location options (Exhibit 3). The applicant states that Section D.1 allows for an encroachment under section C.5 specifically "that the encroachment would serve the public safety or welfare." The applicant asserts that the valet service will provide a location where patrons can safely drop their vehicle nft to fay, attendant and use the crosswalk at the intersection of Paradise Drive at Mar West Street to arrive at the restaurant. The applicant states that the valet service will not impede on the existing parking spaces as they are for general public use. The valet service will only be usiMI the ingress/egress isles ofthe parking lot and then transporting the vehicles to the restaurant's leaped spaces at the Point Tiburon Plaza Lot. Stuf f'Opirriort To\\N o T[fit RON 11.A(,v 2 mf -1 The Applicants docUmentatiol shows six proposed valet podium locations. Staff believes that this indicates that the applicant is flexible to changes should Council wish to discuss options or variations on the proposal. Option 1 places the valet station and sign near the opening to the parking lot on Paradise Drive. After review and a site visit. staff agrees with the applicant that Option 1 seems to work best for visibility and preventing bypassing the valet. The patrons can pull into the parking lot from Paradise Drive as valet staff will guide them towards Mar West Street. The patrons will disembark and use the new curb ramp and sidewalk to proceed towards the crosswalk on Paradise Drive to the restaurant. This arrangement avoids crossing the uncontrolled crosswalk at Mar West and Paradise. The crossing would now be after a stop sign at Mar West. Staff believes that the valet service can be reasonably accommodated with this configuration Should Council choose to grant an encroachment permit for this purpose. Staff did receive on comment letter on the proposed valet parking plan (Exhibit 5). This was fi-om the Tiburon Condominium Association. Their concern was the use of or trespass on Bayside property while implementing the parking plan. Staff believes that the plan as presented does not use or trespass on the Bayside property and so should satisfy the concerns of' these residents. All encroachment permits are, by their nature revocable. However, Council Resolution No. 45- 2014 Paragraph E.2. provides that, "the Town shall have discretion to issue a permit for a long- term encroachment if it finds that the encroachment is necessary for public safety reasons or that the encroaching improvement will have a long-term public benefit commensurate with the private benefit to the permit holder." hn such cases, Paragraph E.3. requires indemnification and a Memorandum of Encroachment Permit Conditions. These would be required should Council approve the encroachment permit. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it v-ere foLlnd to constitute a project. it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Hear the Applicant pursuant to the Towns adopted procedures. 2. Indicate its intention and direct staff to prepare a resolution to that effect for adoption at a future meeting. Toly"N or Ti(3t lm\ 3 or 4 Exhibit(s): 1. Passed and adopted Resolution No. 45-2014. 2.Proposed Valet Service Operations 3.Photographs and aerial maps showing the valet service route and podium location options. 4.Encroachment Permit 19-032 5.E-mail fi•om Tiburon Condominium Association. Prepared By: David O. Eshoo, Associate Engineer "1,ONy"N 01= TI BIRO.\ 11, 1.— 4 OF 4 RESOLUTION NO. 45-2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE TOWN'S POLICY REGARDING THE ISSUANCE OF ENCROACHMENT PERMITS PURSUANT TO TITLE V, CHAPTER 19 Of, THE TIBURON MUNICIPAL CODE WHEREAS, the Town's Municipal Code contains regulations regarding encroachment permits for work proposed in Town streets, street right-of-ways and other Town interests in real property (including easements)Title V, Chapter 19; and WHEREAS,said Chapter 19 establishes definitions and procedures for the review, issuance,conditioning and revocation of encroachment permits but does not set forth policy direction for the benefit of Town decision-makers as to the appropriateness of various requests for encroachment into said areas; and WHEREAS, in 2010, the Town Council adopted Resolution No. 16-2010,to restrict the granting of encroachment permits and to prohibit permanent encroachments that would effectively convert Town property to private use and private benefit,rather than for the use and benefit of the Town and the general public; and WHEREAS,the Town Council has found that in a very few cases,a permanent encroachment may abate or ameliorate an existing public health and safety risk and therefore wishes to establish an exception for such cases;and NOW,THEREFORE,BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby amend the policy adopted in Resolution No. 16-2010 by adopting the following amended policy with respect to encroachment permits issued pursuant to Title V, Chapter 19 of the Tiburon Municipal Code, to read as follows. Encroachment Permit Policy A. Definitions For the purposes of this Resolution, the meaning of words and phrases, including without limitation,Town streets, street right-of-ways,Town-owned land and other Town interests in real property(including easements), shall be as set forth or used in Title V, Chapter 19, of the Tiburon Municipal Code. B. General Provisions The Town shall have discretion to revoke any encroachment permit at any time. No encroachment permit shall grant any private property owner a permanent right to perform work in or use the area subject to the encroachment permit. The Town may, in its discretion,grant an Tiburon Town Council Resolution No.45-2014 Adopted 11/5/2014 1-\T encroachment permit allowing access from private property to the public right-of-way,provided that the Town shall condition any such encroachment permit as it deems appropriate to manage or enhance thepublic right-of-way. The Town is not responsible for the cost of altering, modifying, or removing any such encroachment if it deems such alteration, modification,or removal is warranted. C. Allowable Purposes For the following purposes, and only if the Town finds that the encroachment will serve public safety or welfare,the Town may issue encroachment permits for work within, upon, or beneath Town streets, street right-of-ways, and other Town interests in real property(including easements). Said permits shall contain conditions that shall include, without limitation, revocation at the Town's discretion. 1. To allow access to private property for entry/egress purposes. 2. To allow applicants to install, build or replace sidewalks, curbs and gutters and curb cuts. I To allow applicants to install, maintain,or replace landscaping, within the parameters of this policy. 4. To allow applicants to maintain,repair or replace previously lawfully-installed encroachments. 5. To accommodate parking that would be required by the Municipal Code for a newly- constructed use of the type associated with the encroachment permit,where the Town finds that(a)the applicant cannot feasibly locate such parking on private property;(b)the public safety or welfare is better served by allowing such parking to encroach;(c)a substantial and material public safety benefit will result in that a substandard safety- related public street condition (such as inadequate width or sight distance) in the project's public street frontage will be made standard or significantly improved;and d)the physical extent of the encroachment is minimized to the extent feasible. 6. To allow applicants the opportunity to secure approval for existing encroachments that the applicant cannot prove were lawfully installed and that are consistent with this policy and Title V, Chapter 19 of the Tiburon Municipal Code. 7. To allow applicants to drain their properties of storm water in a controlled fashion acceptable to the Town Engineer. 8. To allow utility companies to perform necessary work. 9. To allow Town contractors and/or service providers to perform authorized work. 10. To allow community groups to perform authorized work,either using volunteers or contractors. 11.To allow applicants to position a debris box or portable moving box for temporary construction,storage or moving purposes, where such placement will not unreasonably impede traffic circulation and pedestrian safety or otherwise be detrimental to public safety or welfare. 12. To allow a limited and controlled amount of equipment and material associated with permitted building construction activity. 13.To allow permitted special events with civic purpose and benefit. 2 Tiburon Town Council Resolution No.4.5-2014 Adopted 11/5/20 14 14. To allow applicants temporary relief from unusually severe topographic or other physical circumstances that result in practical hardships to the creation of proper access to or improvement of private property in the absence of the encroachment. 15. To allow control of invasive or fare-prone plants, for fire prevention or other purposes of public benefit. D. Impermissible Purposes Encroachment permits for work within,upon, or beneath Town streets,street right-of-ways, and other Town interests in real property (including easements)should not be issued in the following instances. 1. Encroachments for the purpose of, or having the practical effect of,privatizing the affected area for the exclusive use or benefit of one or a limited number of individual owners in lieu of the general public,except as may be authorized under Section C.5 above. 2. Encroachments that would block,impede,or discourage public use or access over an area determined by the Town Engineer to be appropriate and suitable for public use or access either at present or in the foreseeable future. 3. Encroachments that in the judgment of the Town Engineer are not necessary or appropriate to serve one of the allowable purposes listed in Section C above. E. Duration. Encroachment permits shall contain conditions of approval to restrict the duration of the encroaclunent to a reasonable time necessary to accomplish the purpose thereof. 1. Except where the Town grants the permit pursuant to Sections C.1, C.2, C.3, CA,C.5, C.6 or C.7,above,or as provided in E.2,the Town will allow only temporary encroachments. 2. Notwithstanding Section E.1,the Town shall have discretion to issue a permit for a long- term encroachment if it finds that the encroachment is necessary for public safety reasons or that the encroaching improvement wilt have a 'tong-term public benefit commensurate with the private benefit to the permit holder. 3. The conditions of approval for any permit for a long-term encroachment shall include, without limitation,the following conditions of approval: a. By acceptance of the permit and construction of the improvements or performance of the work,the permittee agrees to indemnify,defend and hold the Town harmless from any claims, losses,litigation or other liabilities that may arise from the permittee's performance of the work, construction and maintenance of said improvements and removal of the improvements. b. The permittee shall execute a Memorandum of Encroachment Permit Conditions, using the form attached hereto as Exhibit 1 and incorporated herein by reference, which the Town shall record in the County of Marin's Recorder's Office. If the subject project requires a building permit, the Town must record the Memorandum of 3 Tiburon Town Council Resolution No.45-2014 Adopted 1115/2014 Encroachment Permit Conditions before the Town issues said building permit. For all other projects, the Town must record the Memorandum of Encroachment Permit Conditions before the permittee enters onto the Town's property to perform work pursuant to the encroachment permit. F. Encroachment Permit Application Rettuiretnents 1. All applications for an encroachment permit shall include the following: a. Detailed drawings and naaIxative describing the work that will be performed on Town property. b. Any reports or analyses that the Town Engineer determines are necessary to evaluate the proposed encroachment. c. If the application is for a permanent encroachment,the Town Engineer shall also have discretion to require reports or analyses establishing that the encroachments can be removed without damage to adjoining properties or structures. 2. The Town Engineer shall have discretion to determine that the application drawings :infl/ffr matPYT alc rPf`i�iTrP iTl(IPr1PY1!'iPnt ----.�-• ••.�.+.•...•+w+...1 ua+.+ ii+u.Nviiuvait.riPY.rfl- hV.., an outside consultant or Y41J„L{knL1T.A+r LJ, either before accepting the application or during the processing thereof The Town Engineer may charge and collect the estimated cost of any special reports or consultant fees that he determines are required to process the application. Any actual cost that is more than the estimated cost collected shall be paid by the applicant prior to the issuance of the permit,and any collected estimated costs that exceed the actual costs shall be returned to the applicant at the time of issuance of the permit,or within sixty days of permit issuance. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 5, 2011, by the following vote: AYES: COUNCILMEMBERS: Doyle,Fraser, Fredericks,O'Donnell,Tollini NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DI ANT_' tvV A NTQ IACOPI,TOY i`v CLLRI\ Attachment: Exhibit I (Memorandum of Encroachment Permit Conditions) a Tiburon Town Council Resolution No.45-2014 Adopted 11/5/2014 The Ca p HE ce Restaurant 2000 Paradise Drive-Tiburon Ca. 94920 Encroachment permit from Town of Tiburon/Public Works Department Staff concluded that the valet parking route through the town-owned parking lot would be safer than a direct U-turn on Paradise Drive from the Caprice and will eliminate the routing of the valet parking through residential neighborhood streets of Old Tiburon. Both the Police Chief and Town Traffic Engineer believe that the proposed valet parking plan is the safest and least impactful route.The Planning Commission agrees and that it is acceptable and worthy of support and recommends to the Public Works Department to grant an encroachment permit or license for this specific purpose,with the conditions stated below. 1. The use of the Town-owned parking lot across Paradise Drive from the Caprice restaurant,for valet parking drop- off and pick-up only. 2. Valet service shall be limited from 6:00 pm to 10:00 prn daily 3. A Stainless-steel valet podium directing vehicles into the parking lot (see attached cut sheet) 4. The Director of Community Development approves any required signage for valet parking 5. Podium is on wheels and will to be stored in restaurant when not in use 6. The podium location can be one of 6 options 7. Option 1 seems to work best,for visibility, and preventing bypassing the valet and pulling up to the restaurant 8. Vehicles pull into parking lot from either entrance and passengers will disembark 9. Valet will immediately remove the vehicle, causing minimal impact to the parking lot 10. Valet will use the only route available, Paradise Drive,to the Pt. Tiburon Plaza parking lot 11. No residential routes will be taken, as none are practical 12. Returned vehicles will be pulled into the parking lot for patron pick up 13. City parking lot spaces are for the general public's use To the director of Community Development, a detail narrative and graphics describing the function of the valet parking, as recommended by The Planning Commission. 1. Shall not use walkie-talkies and shall not produce electronic sound plainly audible from nearby residential units. 2. Communication for valet program shall be limited to wired or Bluetooth-type earpieces and voices shall not be plainly audible from nearby residential units. 3. Route to Tiburon Point parking lot is to use Paradise drive only— no residential routes. 4. The valet service shall not make use of any cones or other devices to block off or discourage parking in any public parking spaces or in any off-premises private parking spaces without express permission from the property owner 5. The valet service shall not park cars in any public parking spaces and shall confine its parking to the leased spaces in the Point Tiburon Plaza lot. Details of Validated parking for restaurant patrons parked at the Point Tiburon Plaza parking lot 1. Validated parking at the Point Tiburon Plaza parking lot, will be for the lifetin-:e of this permit 2. Patrons obtain a parking ticket at the Pt.Tiburon Plaza parking lot. Park their vehicle. 3. The Caprice validates their parking ticket.They present it to the attendant,fl--Ir free parking This will be on our web site and printed documents Parking: 1. We recommend Ride Share for comfort and carefree dining 2. Limited public parking near the restaurant 3. Validated parking at Point Tiburon Plaza Parking lot, turn left at the roundabout and it's a pleasant walk on Paradise Drive, along the beautiful scenic shoreline promenade to the Caprice 4, Limited Valet Parking available-Turn left JUST BEFORE the restaurant and valet is. nearby Thank You pvn,� nd EXHIBIT 2 a � r r ` 50 u,"g Y� 1 �w r9 E a SIR iN � IC. . g i Door IVietal5ta A m Lock v. Y Key Fob �No Key Fob Pau+; Pouch ip fro;; No,Tip Bax caster � Pegular Casters !jnnbrella Po Umbrella Description The Stainless Podium has fashionable stainless steel accents `c iun, Na Podium Cave with rounded edges decorating all three customerfacing co""c'' sides.This gives the podium a sharp look rather than a sharp USB Na USB Charging touch. It also has an inviting customer counter that not only C1�ar�in looks good but helps hide the working surface. St-a�-ioii The structure,enter i0r, and even the liardware are all stainless steel. So this podium is great for accounts with i 'able No Portable Pavy harsher weather conditions that have to deal �,vith heat, �on humidity,and/or coastal air. :}t, tic}rr This podium can accommodate up to 200 car Keys. It comes with a built-in umbrella holderso you don't need to buy an umbrella base. More perks are recessed handles for easy $-,,- _9329M maneuvering through door frames, an elegant trim which hides casters making the podium look permanent, a tip box slot in the drawer,and grommets on the working surface for Quantity I hiding messy electronic cables. Add 'to cart *Please note that like with any type of steel equipment, maintenance and care precautions need to be taken to 100 SECURE CHECKOUT ensure the longevity of the product. 'We recommend using a I bi stainless steel cleaner periodically to help increase the life of your podium.The stainless steel podium should not be left unattended. Please contact LIS for further information! Features • 50-200 key capacity • 18 gauge brushed stainless steel metal • Staggered key hooks w/white,screen printed numbers,corrosion resistant © Brushed stainless steel working surface, silicon sealed edges • Umbrella holder • Grommet for routing electronics • Locking Casters • Stainless steel trim covering the wheels • 2 Slam-action iocks with 2 keys • Combo Lock Option • Recessed Handles • Tip slot with option to add a lockable tip box • Replaceable parts • Pre-assembled • Manufacturer's\Narranty Dimensions & Weight near Downtown Tibur-011 — Belvedere Tiburon St W t `..2ho r8it e Park �ibL{r0it Tiburo Err, R ii1toad it Forr,r Llcpot:`'att3scunl r :• 1� 0 :250 500 feet EXHIBIT LU CAPRICE RESTAURANT a G�yro, CL PP AT m a t Y - ^, ,MAR WEST STREET a „tib #"��,'�, � � ,p �'§,,. w 'r✓��` e ':�y,-ys�„� '� �t �'�'�r� ��S«�� ' 3*,�.' M ,r.. IT lea � 7 �• � �" ��' �,4 � `"" ..� :;?»eat` � '"'f� �� ..�_ ��4 �w. �,`',,,, s � ., C �+ � y J u, yJehicles can enter the parking lot from Paradise Drive or Mar West Street, disembark and velet will take the car to Z, 'the parking lot at Point Tiburon immediately. No public parking spaces at the tot will be used by the valet. it will ,continue as public parking. Our service will just use the `� ingress/egress isles of the lot. . s f ME rax Preferred podium location option , I 1 view inbound Paradise Drive �y. k 3 NO A t Z L 9 �',+ ap _ �� Y�<5�� syr✓ 3:� �✓ `Preferred podium location option y � �� , 1 view outbound Paradise Drive h t sof v rau� y y{4 x y ys7� rN 1 j. ?�sY`1► r � tea` , }��w_ b^, ��w a � {-.� s JJ xf r MARWESTSTREET k � Podium location Podium location Option 4 Podium location Qption 3o to ' Option 2 PARADISE DRtifE .f� C y e w � Podium Location Option 6 b;64 ��.Gs �..a\�.x Podium location location F �Option 5 a � RI " 3... �'. - . Yb � •y... ,y..` � yd, »mss ��.....� TOWN OF TIBURON ENCROACHMENT PERMIT APPLICXHON EPNumber: Al'I'LiCATION' DA I" CA FN: ADDRESS OF WORK Olt FNICROACHNIE-N F: CROSS STREET; ESTITMATIJ)COSI: S STARTDATE: TION COMITI: I DA]I': PROPERTY C7WNEiR'S NAME AND ADDRESS(II'diflierent lions applicant)" 0 CO THE UNDERSIGNED HEREBY APPLIES FOR PERMISSION TO PERFORM THE FOLLOWING DESCRIBED WORK AND/OR OTHERWISE ENCROACH ON A LOCAL AGENCY RIGHT-OF-WAY(ROW): DESCRIPTION OF WORK OR ENCROACHMENT {include plans or Sketch): Check all that apply to the project and provide a written description: ❑ DriveNvayApproach El Sidc\yalk FINewu,iiitio, DDebrisl3ox ❑ Curb&Gutter FJ WalerScrvico Flandscaping ❑rransponation El ExcavationElspcial ,,ent ther(Describe) Description-. c, (-A7 Road Surface Type: I Asphalt El Concrete El other: Trenching El Ys. r❑I No Linear Feet: Surface Thickness: Work: Traffic Control Plan: ID Yes ❑ No Applicant agrees that all work will be performed in accordance with the rules, regulations, standards, and general conditions of the Town of Tiburon Department of Public Works and any applicable Municipal Code. All work shall be subject to inspection and approval by the Department of Public Works. Applicant shall indemnify,defend and hold the Town of Tiburon,its officers,agents, avid employees harmless from any and all claims,Suits or liability, including,but not limited to,litigation costs and attorney's fees which the Local Agency may incur as the result of any and all claims and suits; for personal injury, property damage or inverse condemnation by reason of applicants placement of/or maintenance of encroachments authorized by this permit.No work shall commence until permit is issued. APPLICANT NAME/C0.1411ANY(III-EASE 11RINTy CONTRACTOR NAME: Contractor License No: APPLICAN I'NLAILING ADDRESS: E-NIAIL,ADDRESS: r4 kr�7 f I r c e", "VI CONTACT NUMBERS- ell-5-- _<r7 -7 62 7, Das,iiino Phone APPLICANT SIGNATURE: X For A-_Cn;;V Use rink' Fees: Accepted By: Application: �qcl— IIISLIranCC an M0 FJ Yes Net Final Insp,C loafed: ❑ Plan Rev ie%%.&,Inspection ]RoadMoratoriuni? El Yes ❑ No Ell 9 Receipt 3 Joial: 5;0— Page 2 orS Rcvised 112019 EXHIBIT 4 David Eshow From: Hank McWhinney <hmmvhinney@|ivezom` Sent: Thursday, May 9, 2018 3:58 PM To: DmvidEshoo Subject: Caprice valet parking stand onTown property Mr. David 0. Eshon Associate Engineer Town ofTiburon Dear Mr. Eshoo, | annwriting onbehalf ofthe Point Tiburon Bayside Condominium Association. We would like to register a concern about the Town's potential approval of an encroachment permit for a valet stand for Caprice patrons on the Town parking lot across from the restaurant. Clearly,this stand is intended to increase usage of the valet service. This would involve increased usage of the 25 parking spaces in the Point Tiburon Plaza lot leased by the Caprice. Unfortunately,the shortest route between the valet stand and these parking spaces is through the Bayside Association's private property, We request that if this valet stand is approved by the Town it be specified that the parking attendants may not trespass on Bayside property in implementing this commercial parking operation. Thank you for your consideration, and please forward this to the Town Council as appropriate. Hank McWhinney, President Point Tiburon Condominium Association H:415-435-8320 C: 415-269-6930 lEXHIBIT5 Town Council Meetin<( TOWN OF TIBURON July 17, 2019 1505 "hiburon Boulevard Agenda Item: PH - 2 Tiburon. CA 94920 To: Mayor and Members of the Town Council From: Department of Public Works Subject: Encroachment Permit (No. 19-081) application by Mina TBD Restaurant for a valet drop-off and pick-up location within the public right-of-way. Reviewed By: .,.6�.Air Gre(Chanis,Town N/lanager Benjamin Stock,Town Attorney SUMMARY Consider an Encroachment Perm it (No. 19-081) application by Mina TBD Restaurant for the use of an existing loading and unloading zone on Paradise Drive as valet drop-off and pick-up location. The Mina TBD Restaurant site is located at 5 Main Street, and is Marin County Assessor Parcel No. 059-151-41. RECOMMENDED ACTION(S) 1. The Town Engineer/Director of Public Works has referred this application to Town Council fora roval. BACKGROUND On January 4. 2019. Gary Bell. representative for Mina TBD Restaurant, submitted an Encroachment Permit Application for 5 Main Street in Tiburon. The applicant is seekin<7 permission to use the existing loading and unloading zone located at the intersection of Paradise Drive and Main Street as a drop off and pick up valet service location for the restaurant. Staff reviewed the proposal and determined the Encroachment Permit Application could not be processed in accordance with section D.I and D.2 ofTown Council Resolution No. 45-2014. This resolution does not «rant staff the authority to issue the encroachment permit for this purpose. Staff notified the applicant of their decision and requested documentation to support their Encroachment Permit for reference to the Town Council for consideration. The applicant delivered documentation to the Department of Public Works on June 17. 2019 for the Town Council to consider approving their Encroachment Permit. The Legal Notice was published in the ARK on July 3. 2019 and mailed out to property owners within 300 feet of 5 Main Street the same day. As of the date of wi-iting, this staff report. staff has received no public comments re0 arding this application. TOWN OF TIBURON PAGE I ol;4 ANALYSIS Towii Policy Town CoLlncll Resolution No. 45-2014 (Exhibit 1) states, "Encroachment permits for work Within, upon, or beneath Town streets, street right of ways, and other Town interests in real property (including easements) should not be issued in the following instances:" D.1 Encroachment ;or the purpose of, or having the practical effect of. privatizing- the affected area for the exclusive use or benefit of one or a limited number of individual owners in lien of the general public, except as may be authorized under section C.5 D.2 Encroachments that would block, impede, or discourage public use or access over an area determined by the Town Engineer to be appropriate and suitable for public use or access either at present or in foreseeable future. Section C.5 of the resolution reads: To accommodate parking that would be required by the M!micipal Code for a newly constructed use of the type associated with the encroachment permit. where the Town finds that (a) the applicant cannot feasibly locate such parking on private property; (b) the public safety or welfare is better served by allowing such parking to encroach, (c) a substantial and material public safety benefit will result in that a substandard safety related public street condition (such as inadequate width or sight distance) in the project's public street frontage will be made standard or significantly improved: and d) the physical extent of the encroachment is minimized to the extent feasible. The Applicant The Documentation includes: 1. Proposed Valet Service Operations (Exhibit 2) 2. Photographs and aerial maps showing the valet service route and podium location options (Exhibits 3 &4). The applicant states that Section D.1 allows for an encroachment under section C.5 specifically "that the encroachment would serve the public safety or welfare." The valet service will prov ide a safe location where patrons can drop their vehicle off to an attendant and will be directly in fi-ont of the restaurant. "The applicant states that the valet service will not impede on any existnP parking spaces and is not intended to be for the exclusive use of the Mina TBD restaurant. Other restaurant venues may use the valet operations subject to conditions ofapproval by the Town. Tile Applicant's documentation provides the location 01-the valet podium and route. The patrons can pull into the current loading and unloadinp zone with the <7uide of valet staff members. The patrons will disembark directly and safely in front of the restaurant. "file valet service will then transport the vehicles to the restaurant's leased spaces at the parking lot between the Bank of America and Tiburon Lodge on Tiburon Blvd near Beach Road. Town 0F Tniutzo' 11, 2 -1 Sluff Opinion Staff notes that the application requests valet parking during the hours from 7:00 a.m. to 2:00 a.m. daily. This request is not consistent with earlier applications reviewed by the Planni110 Commission on November 14. 2018. Previous discussions and recommendations were based on valet hours extending from 5:00 p.m. to 2:00 a.m. Staff can only recommend hours consistent with these earlier discussions and recommendations. Staff believes there are three potential concerns regarding the use of the loading area at Main Street and "Tiburon Blvd for valet parking. These include: I. Noise fi-oni the operation 2. Exclusive use 3. Loss of fent' drop off and pick lrp parking Staff believes that the first two issues are fully addressed in the application. The application states that no amplified sound will be allowed including any hand held "walkie-talkie" type devices. The application also states that the valet location will be open to other restaurants should they choose to use it. Staff notes that these other restaurants would need to file an application and encroachment permit and go through a similar process as the current applicant. Staff has looked at ferry parking and believes that there may be a way to accommodate ferry passengers and the valet parking. Staff notes that with the hours from 5:00 p.m. to 2:00 a.m.. the valet service only conflicts with evening ferry pick up. The valet parking area could be limited to about forty feet of the existing 100-foot freight and 3- minute passenger loading and unloading zone (Shown in Exhibit 5) during ferry pick-up and drop-off times. The valet parking could use the entire 100-foot length outside of the ferry drop- off and pick-up times currently set at 4:55pm, 6:15pm, 7:25pm and 8:35pm. Under this scenario, the valet parking would eliminate 2 parking spaces fi-om the 3-minute passenger zone at Main Street and Tiburon Blvd. On the north side of Tiburon Blvd (across the street), there are two parking spots that are currently 2-hour limit parking spots. These could be changed to 3-minute parking spots in the evening during ferry pick-up times. During these pick-up times, the majority of the businesses served by these 2-how- parking spots are closed. Additionally. there is a long length of red curb in this area. Some of this is for bus parking, but the red curb seems excessively long and the bus parking area does not seem ideally located with respect to the bus shelter, the ferry or to maximize parking. While specific details remain to be worked out, staff believes that another two parking spaces. perhaps more. could be created in this area. This would offset any loss due to the valet parking operations and have the additional benefit of providing more short-term parking during the work day for customers of businesses on the north side of Tiburon Blvd in this immediate area. Should Council wish to grant the encroachment permit for valet parking to the applicant. staff believes this plan Evill ameliorate any loss of parking for ferry passengers. Tow\ of Tim ImN P 161:3 0l. The benefit of providing valet parking includes improving business opportunities and reducing the number of cars driving around Town looking for a parking space. All encroachment permits are, by their nature revocable. However. Council Resolution No. 45- 2014 Paragraph E.2. provides that, "the Town shall have discretion to issue a permit for a long- term encroachment if it finds that the encroachment is necessary for public safety reasons or that the encroaching improvement will have a long-term public benefit commensurate with the private benefit to the permit holder." In such cases, Paragraph E.3. requires indemnification and a Memorandum of Encroachment Permit Conditions, which should be required if Council decides to grant the easement. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) Dursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Hear the Applicant pursuant to the Town's adopted procedures. 2. Indicate its intention and direct staff to prepare a resolution to that effect for adoption at a future meeting. Exhibit(s): 1. Passed and adopted ResolUtion No. 45-2014. 2.Proposed Valet Service Operations 3.Photographs and aerial maps showing the valet service route and podium location options. 4.Encroachment Permit 19-081 5.Proposed Ferry Drop-Off and Pick-Up locations Prepared By: David O. Eshoo, Associate Engineer TON1'N OF T113t R 0 N P:1G1:4 OF 4 EXHIBIT 1 RESOLUTION NO. 45-2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE TOWN'S POLICY REGARDING THE ISSUANCE OF ENCROACHMENT PERMITS PURSUANT TO TITLE V, CHAPTER 19 OF THE TIBURON MUNICIPAL CODE WHEREAS, the Town's Municipal Code contains regulations regarding encroachment permits for work proposed in Town streets, street right-of-ways and other Town interests in real property (including easements)Title V, Chapter 19; and WHEREAS, said Chapter 19 establishes definitions and procedures for the review, issuance,conditioning and revocation of encroachment permits but does not set forth policy direction for the benefit of Town decision-makers as to the appropriateness of various requests for encroachment into said areas; and WHEREAS, in 2010, the Town Council adopted Resolution No. 16-2010,to restrict the granting of encroachment permits and to prohibit permanent encroachments that would effectively convert Town property to private use and private benefit,rather than for the use and benefit of the Town and the general public; and WHEREAS,the Town Council has found that in a very few cases, a permanent encroachment may abate or ameliorate an existing public health and safety risk and therefore wishes to establish an exception for such cases; and NOW,THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby amend the policy adopted in Resolution No. 16-2010 by adopting the following amended policy with respect to encroachment permits issued pursuant to Title V, Chapter 19 of the Tiburon Municipal Code, to read as follows. Encroachment Permit Policy A. Definitions For the purposes of this Resolution, the meaning of words and phrases, including without limitation, Town streets, street right-of-ways,Town-owned land and other Town interests in real property (including easements), shall be as set forth or used in Title V, Chapter 19, of the Tiburon Municipal Code. B. General Provisions The Town shall have discretion to revoke any encroachment permit at any time. No encroachment permit shall grant any private property owner a permanent right to perform work in or use the area subject to the encroachment permit. The Town may, in its discretion,grant an 1 Tiburon Town Council Resolution No.45-2014 Adopted 11/5/2014 encroachment permit allowing access from private property to the public right-of-way,provided that the Town shall condition any such encroachment permit as it deems appropriate to manage or enhance the public right-of-way. The Town is not responsible for the cost of altering, modifying, or removing any such encroachment if it deems such alteration, modification,or removal is warranted. C. Allowable Purposes For the following purposes, and only if the Town finds that the encroachment will serve public safety or welfare,the Town may issue encroachment permits for work within, upon,or beneath Town streets, street right-of-ways, and other Town interests in real property(including easements). Said permits shall contain conditions that shall include,without limitation, revocation at the Town's discretion. 1. To allow access to private property for entry/egress purposes. 2. To allow applicants to install, build or replace sidewalks,curbs and gutters and curb cuts. 3. To allow applicants to install, maintain, or replace landscaping,within the parameters of this noliev. 4. To allow applicants to maintain,repair or replace previously lawfully-installed encroachments. 5. To accommodate parking that would be required by the Municipal Code for a newly- constructed use of the type associated with the encroachment permit,where the Town finds that(a) the applicant cannot feasibly locate such parking on private property;(b)the public safety or welfare is better served by allowing such parking to encroach;(c)a substantial and material public safety benefit will result in that a substandard safety- related public street condition (such as inadequate width or sight distance)in the project's public street frontage will be made standard or significantly improved; and d)the physical extent of the encroachment is minimized to the extent feasible. b. To allow applicants the opportunity to secure approval for existing encroachments that the applicant cannot prove were lawfully installed and that are consistent with this policy and Title V, Chapter 19 of the Tiburon Municipal Code. 7. To allow applicants to drain their properties of stone water in a controlled fashion acceptable to the Town Engineer. 8. To allow utility companies to perform necessary work, 9. To allow Town contractors and/or service providers to perform authorized work. 10.To allow community groups to perform authorized work,either using volunteers or contractors. 11.To allow applicants to position a debris box or portable moving box for temporary construction, storage or moving purposes,where such placement will not unreasonably impede traffic circulation and pedestrian safety or otherwise be detrimental to public safety or welfare. 12. To allow a limited and controlled amount of equipment and material associated with permitted building ennctrimflon activity 13.To allow permitted special events with civic purpose and benefit. 2 Tiburon Town Council Resolution No.45-2014 Adopted 11/5/2014 14. To allow applicants temporary relief from unusually severe topographic or other physical circumstances that result in practical hardships to the creation of proper access to or improvement of private property in the absence of the encroachment. 15. To allow control of invasive or fire-prone plants, for fire prevention or other purposes of public benefit. D. Impermissible Purposes Encroachment permits for work within,upon, or beneath Town streets,street right-of-ways, and other Town interests in real property(including easements)should not be issued in the following instances: I. Encroachments for the purpose of,or having the practical effect of,privatizing the affected area for the exclusive use or benefit of one or a limited number of individual owners in lieu of the general public,except as may be authorized under Section C.5 above. 2. Encroachments that would block,impede,or discourage public use or access over an area determined by the Town Engineer to be appropriate and suitable for public use or access either at present or in the foreseeable future. 3. Encroachments that in the judgment of the Town Engineer are not necessary or appropriate to serve one of the allowable purposes listed in Section C above. E. Duration. Encroachment permits shall contain conditions of approval to restrict the duration of the encroachment to a reasonable time necessary to accomplish the purpose thereof. I. Except where the Town grants the permit pursuant to Sections C.1, C.2, C.3,CA,C.5, C.6 or C.7,above, or as provided in E.2,the Town will allow only temporary encroachments. 2. Notwithstanding Section E.1,the Town shall have discretion to issue a permit for a long- term encroachment if it finds that the encroachment is necessary for public safety reasons or that the encroaching improvement will have a long-term public benefit commensurate with the private benefit to the permit holder. 3. The conditions of approval for any permit for a long-term encroachment shall include, without limitation, the following conditions of approval. a. By acceptance of the permit and construction of the improvements or perfonnance of the work, the permittee agrees to indemnify,defend and hold the Town harmless from any claims, losses, litigation or other liabilities that may arise from the permittee's performance of the work,construction and maintenance of said improvements and removal of the improvements. b. The permittee shall execute a Memorandum of Encroachment Permit Conditions, using the form attached hereto as Exhibit 1 and incorporated herein by reference, which the Town shall record in the County of Marin's Recorder's Office. If the subject project requires a building permit,the Town must record the Memorandum of 3 Tiburon Town Council Resolution No.45-2014 Adopted 11/5/2014 Encroachment Permit Conditions before the Town issues said building permit. For all other projects, the Town must record the Memorandum of Encroachment Permit Conditions before the permittee enters onto the Town's property to perform work pursuant to the encroachment permit. F Encroachment Permit Application Requirements 1. All applications for an encroachment permit shall include the following: a. Detailed drawings and narrative describing the work that will be performeu on Town property. b. Any reports or analyses that the Town Engineer determines are necessary to evaluate the proposed encroachment. c. If the application is for a permanent encroachment,the Town Engineer shall also have discretion to require reports or analyses establishing that the encroachments can be removed without damage to adjoining properties or structures. 2. The Town Engineer shall have discretion to determine that the application drawings n nrl/nr - lnfRr;n1c rPn,,;- indepenvent r �- r by� +-r -- - w . l- + u2w — - ,.y miwutJa consutta.Al.�t. VL UVt1JUAVUJAO, either before accepting the application or daring the processing thereof. The Town Engineer may charge and collect the estimated cost of any special reports or consultant fees that he determines are required to process the application. Any actual cost that is more than the estimated cost collected shall be paid by the applicant prior to the issuance of the permit,and any collected estimated costs that exceed the actual costs shall be returned to the applicant at the time of issuance of the permit,or within sixty days of permit issuance. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November S, 2011, by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser,Fredericks,O'Donnell,Tollini NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: TlT d-NTy rV+ iivE iACOi,1, 1 1 VY 14 CLEI'�ii Attachment. Exhibit l (Memorandum of Encroachment Permit Conditions) 4 Tiburon Town Council Resolution No.45-2014 Adopted 11/5/2014 EXHIBIT 2 Mina Restaurant TBD 5 Main Street, Tiburon The valet stand is proposed to be located at the sidewalk just beyond the bulb- out at Tiburon Blvd as shown on the accompanying drawing. The parking lot will be the lot between the Bank of America and the Lodge on Tiburon Blvd near Beach Road. The route from the valet stand to the parking lot will be along Tiburon Blvd only. No residential streets will be used. Parking attendants will use bicycles between the valet stand and the parking area. The Planning Commission, Public Works, and Planning Staff have reviewed the proposed valet plan and recommend approval with the following conditions: 1 . The portable valet stand will be on wheels and will be stored inside the restaurant when not in use. The stand will have signage indicating it is for valet parking. 2. The location of the valet stand will be on the sidewalk just beyond the bulb-out at Tiburon Blvd as shown on the accompanying drawing. 3. Valet service shall be from 7:00arn to 2:00am daily. 4. No residential routes will be used between the drop-off and the parking lot. 5. Communications between valet attendants will be by bluetooth earpieces. Walkie-talkies or other electronic devices will not be used -- and are not permitted where voices are plainly audible to nearby residents. 6. Valet parking is for patron drop-off and pick-up only. It is intended for short stay only. Valet attendants will be directed to immediately remove vehicles after patrons have disembarked to avoid conflicts with ferry parking and impacts to Tiburon Blvd or Paradise Drive. Attendants will bring returned vehicles into the curb inset so patrons can load without impacting traffic flow on Tiburon Blvd or Paradise Drive. 7. Attendants will use bicycles to travel between the kiosk drop-off location and the parking lot. 8. The valet kiosk is not intended to be for the exclusive use of the Mina TBD restaurant. Other restaurant venues may use the valet operation subject to conditions of approval by Public Works and Town Council. 9. Mina TBD will provide a Certificate of Insurance with the Town of Tiburon named as additional insured. EXHIBIT 2 LOT 1 : RESTAURANT PARKING 0 LOT, 77 SPACES PLUS 4 DISABLE ACCESS SPACES (81 O SPACES TOTAL) �d LOT 2: RESTAURANT AND VALET PARKING o O CVS LOT, 101 SPACES PLUS 8 DISABLE ACCESS RETAIL f o SPACES (109 SPACES TOTAL) C1 ® C� opo® o� �i BofA -- ®® BANK THE LODGE AT TIBURON VALET FLOW TO Ts PARKING LOT VALET FLOW TO RESTAURANT � s o� PARADISE DRIVE PROPOSED D PROPOSED VALET PLAN MINA TBD RESTAURANT SITE 5 Main Street Belvedere Tiburon, CA 94920 EXHIBIT 3 06/12/19 g o�� x d 4 F ,s. 1 4 � Y vwt i y Z y� y .. H' � VALET ZZ q� Z ( ��1 ate` � .,. ��'`�"4'�✓ ` � ��f q '` � PROPOSED VALET STAND -= � ` iOR k a r � _ .e. �'�s'""` ....k�A'+$"F �� c$..• , 4,..`�' '�a ,, _ n c�.q' � ,.�.. ,:�'�,a.r.�,�.��*�.��.� i i MINA TBD RESTAURANT SITE AERIAL VIE'JA►' VALET STAND N PROPOSED VALET PLAN 5 Main Street Belvedere Tiburon, CA 94920 06/12/19 PROPOSED VALET STAND MINA TBD RESTAURANT SITE PROPOSED VALET STAND 14 \ h 3 LK ZF �� Y �1 JE ,.L.�• \�. l S f f -rl f S f i 9 _ C i f �\ / "�" =� �7 r,ii�alldWi •'t MSE.: E a > t. , il +l E,. M,..yw ,:, ..., ,.-.. �. -Yrsi 9,x<;�: ,'�>^•.$ ,t, b, „P, .,; � :_, ... _. :..�_ ,,.;tea...-.. �k E A. i r; ... .. .. ........... .... ,.... -x.._ .1 .•. .....� ms`a,a...�:W.w�.-`—:,.,.... d,A:.�fit' � \., 3'. \, �:. i f r �I. 2 .. 1. . ,..,�. .... r ..�,. .:.. .. .., 1. 'MW ,.: .....a.- ......... .::. .... ..,..�, .��..,, c .,., F VIEW APPROACHING VALET STAND VIEW OF VALET STAND AT DROP OFF AND PICK UP PROPOSED VALET PLAN 5 Main Street Belvedere Tiburon, CA 94920 06/12/19 EXHIBIT 4 TOWN OF TIBURON ENCROACHMENT PERMITAPPI-10MON EP Number: 19-081 APPLICATION DATE: January 4, 2019 APN: ADDRESS Ole WORK OR ENCROACHMENT 5 gain Street, Tibiuron _ ...._. No , Street Cm/rot4nstnz CROSS STREET Rotary at Tiburon Blvd FSTIMATEDCOST: $1.00 STARTING DATE September 2019 COMPLETION DATE PROPERTY CiWNFR'S NAME AND ADDRESS(If Different from Applicant): ACV ARGO Tiburon, 465 1st Street, 2nd Floor, Sonoma CA 95476 THE UNDERSIGNED HEREBY APPLIES FOR PERMISSION TO PERFORM THE FOLLOWING DESCRIBED WORK AND/OR OTHERWISE ENCROACH ON A LOCAL.AGENCY RIGHT-OF-WAY(ROW)- DESCRIPTION ROW):IESCRI 'TION OF WORK OR ENCROACHMENT(Include plans or sketch): Check all that apply to the project and provide a written description: ❑ Driveway Approach ❑Sidewalk ❑Accessible Ramp ❑Debris Box HCurb&Gutter ❑ Water Service ❑New Utilities ❑ipecial Event Se�kerimprovernent ❑ Excavation ❑Landscaping ❑)ther(Describe) Describe: VALET PARKING KISOK AT NEW RESTAURANT REPLACING GUAYMUS Road Surface Type: ❑ Asphalt ❑ Concrete ❑ Other: Trenching Work: ❑ Yes ❑ No Linear Feet: Surface Thickness: Traffic Control Plan: ❑ Yes ❑ No Applicant agrees that all work will be performed in accordance with the rules,regulations and standards of the Local Agency Department of Public Works and any Local Municipal Code. All work shall be subject to inspection and approval by the Department of Public Works.Applicant shall indemnify,defend and hold the Local Agency,its officers,agents and employees harmless from any and all claims,suits or liability,including,but not limited to,litigation costs and attorney's fees which the local Agency may incur as the result of any and all claims and suits for personal injury, property damage or inverse condemnation by reason of applicants placement of/or maintenance of encroachments authorized by this permit.No work shall commence until permit is issued. APPLICAN"PSNAME/COMPANY(PL1=ASE.PRIN 1): Gary Bell for Property Owner CONTRACTOR'S NAME: NSA Contractor License No: APPLICAN'I'S MAILING ADDRES; PO Box 647, Inverness, CA 94937 AGENCY: CONTACT NUMBERS: 415-902-5400 gary@gbasf.com Dsy:uneYs:one (w:b Email APPLIC,AN 'S SIGNATURE: Fer ageac t lqe_i ;q Ices: Accepted By: Application. 29000 Insurancc on file? 71 Yep; No Final Insp.Cleared': ® Plan Review&Inspection 19-081 290.00 Road Moratorium?qq dd qq0 ¢¢Yes yy g Cogg Noq g 1-ph, ReCCipt-`: p �[ -_-@g g g g PAGE 'r tB 3:. 3...RET(A V_ l5.ffi�.t a.B.P 1 4 �.; &� ...,g 4- d & CONDITIONS AND SIG ON � 111" .LAS% 3.$��.GE EXHIBIT 4,- .,,; . .: :, ENCROACHMENT PERMIT APPLICATION INSTRUCTIONS AND FEES An encroachment permit must be obtained from the Department of Public Works for any work or activity performed withinTown streets, public right-of-ways, or 1'own-olv�,ned land, €3r I f'orany work that may affect these areas. Examples ofwork requiring an encroachment permit are: m Debris Box (special fee may apply-see No. 5 below and must be coordinated with Building Division), U Driveway approach, street and drainage improvements and sidewalk repair or installation, 0 Repair and maintenance of utility services. 0 Minor trec trimming or thinninlo. m I-en-thy traffic control or lane closures, e.g. work.or events requiring temporary Closure or diversion of traffic lanes. Must be coordinated with Police and Tiburon Fire District, w Transportation- Heavy, wide, and unusual loads through a separate ']'ibtiroii 'l'ratisportation Permit. Must be coordinated with the Police Department. 'I'he following items must be submitted prior to tile issuance Of all encroachment permit: I. A completed encroachment permit application including a comprehensive description of the proposed work, starandFinish dates, and 11.11i -L-1- I- proposed �1— --- — 1, 1� I t 1.11�U PlAWIC flIUDI'Del-, )host be filed In person at'l"own Hall. 2 A site plan or other diagrams illustrating general location and scope of the work ,md if applicable, traffic control measures. PaYrucilt Of a$110-00 application processing fee and $180.00 inspection fee, total 5290.00 1 4. Public Works will determine whether the proposed work is considered to be a minor or major improvement. In accordance with the current Engineering Fee Schedule Exhibit A,the applicant may be required to submit additional fees if the work is determined to be a major improvement and involves review by the 'I'mkri Engineer, a Minor linprovernent or Application Associated wide a Building Permit,,,..-Total$290.00 a Mtjor[niproveiiieiits,...,,.3% ofMarcie ofll-ilpr-ovc.-iiiciits..................... min) A kfiI (.1 tional application fees for major improvements will be due at the tirne of pic.'K-up, 'J"he applicant may riot begin work until these fees have been paid, 6. Debris Box$110 application fee and $80 inspection fee, iotal of S i 90.00. LJsual'','a debris box associated with a Building Permitted project will not require an encroadhinent pc"-nlit. 7. A certificate of liability insurance and endorsement pal e, listing the Town ol'Tiburon, its eniployees and officers as additionally insured and as certificate holder. Routine �pplications are revicwed by Public Works and are usuafl� granted within 5 to business days. Applications for more involved projects jects are reviewed by the I'own E'nginecr ands inay 1-cquire additional time to nrnrf-,..qq Once the application has been reviewed and granted, the applicant will be notified to laic:;:' tip I copy of the approved ap lication which serves as the P Permit, The applicant must complY with all special notes, general conditions, and/or special provisions applicable to their project, A Final Inspection will be performed by the Department of`Public Works upon c-oinpleti ,n of the project. A. phone call is required to Public Works to request final inspectioll. TOWN OF TIBURON PUBLIC WORKS PERMIT CONDITIONS 'a7e: 77 e fiVi n€-:rl,g stairdard and checke,,1COnditi rs up"ojj'to ti'.s ver!II t. 1. APPENDING LIS I.01 C::C)'v[.7ITIONS: In the event that these following conditions conflict 1xith the conditional;cites and langnasae round in the Peiniit Appliuition,tire following conditions and special conditions will supersede and prevail. ACCEPTANC-' O " IIF':PROVISIONS: It is understood and agreed by the Per;nittee that all conditions have been re rd,aril un4lcrstood.The Per€nittee agrees to comply with all conditions. KLEIP PERMI IFON WORK SITE:This permit,or a complete copy,shall be kept at the site of the and upon vcquest nwusi be shown to any representative of the Town or any law enforcement officer. PERNAITS FROM OTHER AGENCIES: Permittee must obtain all other persrlits required by other public or private agencies or i;,dividuals necessary in order to pLd'br n the intended work, INSPECTION NOTIFICATION: A preconstruction meeting or discussion will occur. The Pcrn ittee shall r0tify the Maintem-,rice [):vision at Ol^}4,5-7399 a minimum of two(2)working days prior to the perforr,ance tf ary ywor Peri,ittec will provide Construction schedule, initially and periodically,and contact information. All work must be inspected prior,during and;after backfill or re-excavation will be required at lerrnittee's expense. 6. ("ONSTRIJICTION METHODS: An?;wwvrk performed without inspection or contrary to discussions with the I`rJwwt:'s inspect rr,the Marin Cou?'tv Public Works Uniform Construction Standards(latest edition".Caltrans Standard Plans{latest cditions or a;'moved pians shall be deemed netrrcomplying and will not be accepted by the Town.Attention'is called to the fi}llowinzz special provisions. 'a, .I3ili:r£;rt-311n('a hne(e.o.Conduits,mains,services) installation will be neat open cull (b) Cernent sh,riy btackfil€for trenches is required unless proper cornpaetion can be dernoos rued as per attached standards or greater. (c) A minimum of six(6)inch saw-cut and removal of pavement beyond trench edge lines will be required. "F-Cut shall ne griricl and nainirnum 48"'wide. (d) if trench is within four(4)feet of edge of curb/gutter,saw-cut and removal will continue to the wile ofouster, Refer to Marin County Unified Construction Manual drawings 330,340&3cO (e) Ali I'C'C concrete replacement will be fall panel:score line to score `sine,or as directed by the Inspector. (1 P lalinr,of n triches will bd allowed for tip to five(5)calendar days. Ramping of'plfates is required. ( } All'cenierrt slurry back`ill and paving.will be completed within tell:(or }tale€dar draws of exc:,avra`klln fi,i,e:ch 1{)t; "oot section or pipe installation. � (h) Bilckf;ll,reclukexd compaction,:final Af:l paving and/or PCC;replacenwnt will be cs ndncted v;irhit tt'il fo ) calendar days of excav:.:ion. iij Te€nporar"v repairs to existing,grades,backfilling,and riiaking the warsite safe are?equircd. } A I USA markings mtisr be steam cleaned f;om all sidewalks and roads befibre::lose ofDRIlet. Others: �; N 2017 Tovoi of T;bur n PUTffit Application and Ci neral Conditions � 7. WORK HOUR&All wmi AM!be mmihwd m 8:00 am 310 510 pm Adonday—Friday(excluding holidays)oI as directed by Me Engineer.Work at times otherthan mguhr woldays reclukes addithnal compensation RH ovmtme inspe-cdon and wn.tten approval frorn the Town. S. TRAFFIC COiNi]ROL: Const-ruction traffic control shall conbrin to the current eddion of the Qlamial ofTraffic ConinAs for Construction and ;Maintenance Work Zones%as published by Me Slaw ofCaWbr-nia. Department ofTransportatkin. ProviMans shall be made for lighted barricades,delineators,traffic contial personnel during construction and excavation. 9. UNDERGROUND SERVKA ALERT: Per-inhwe must notify Dig Alerc network at least 48 hours in advance of start of wad for location of underground utilities. 11 GUARANTEE:The Pennittee shall indefinitely guarantee all work pedbi-ned tinder IN pum! Any Whire caused by clekaive materials M workmanship shall be promptly repaired or replaced .it the Permiuce's expense. 11. STORAGE OF MATERJAL: Excavated materia,,sand,gmwl or Wq chgmction materials and debris shall net be smckpiled or stored on Ile Town right-of-way,except as api-med by be Towm Large%541,trailers in equipment with a combined length of twenty Qt or nicire imay not be mood on the any public roadway or rVa away overnip-Ilt p,,.,r section 23-35A of the Tiburon Municipal Code unless approved by the Town. 11 PUBLIC CONVENIENCE;: (a) The Permittee shall conduct his operations as to o0hr the least passlie obstruction and inconvenience to the public and abutting property owners,and he shall have under construction no gremor amount of wait than he can prosecute property, with due regard to the rights of the public, (b) Spillage resulting from hauling operations along or across MV publicly uaveled wa� shall be rernoved inuilediately by the Permittee at his mpense. As applicable,noxious-frunes and smelk shall be mityawd to be satis%ion of the.Town,at the Perri-Que's expense. Action may include using or relocation of inatcrial until installed, (c) Convenient access to driveways,homes,and buildings dong,the"Vork shalt be uldrtained and temporary approaches to crossings or intersecting highways shalt be provideci, (d) If ordered by the Inspector,water shall be supplied by the Permittee Rg the alleviation or prevention of dust nuisance. (e) In order to expedite the passage ofpAhc traffic bl-mTh or umund be work and where ordered by tile Inspector,the Permittee shall install signs, lights, Hares,barricades.and other fhdHties for We solo convenience,salty zmd direction of pubhe traffic, (f) Where directed by the Inspector, the Perinitte,- shall providelnd station,m PermhVs eyllon, mmpewm nag-penoyls whose scle duties didl consist of directing to Imnement of public unfAc himugh ty around the mark, (W Pedestrian access shall he maintained and provisions Or ADA accessibility shall be mquied (Any blockage of public right of way mug comply will the Public MANks policy reganhng d1abled aunni we hwdow) 13, EROSION AND SEIAMENT CONTROL MEASURES: Ile Perrnhtm h oldQued to instm compliance\�ithall applicable mmmwwu regulAmis M all times.The B PAIF's(Best Mana� gement, Nactices)accotxiing to tht Muh County Swmwmer PAWdon Prevention Program(MCSTOPPM and Swunwatei Best 'Placli"t' f land1book C nstructkin l3kill" Fact Silects shall be hilplemerlmd md maintained to effe=ctively prevent We yondally nega6ve impacts an&A I: oject's cmarruction actORKs oil store-twater quality. Suxkpiks ofsoint, naterial,ind wares Mlall be prcihedy cw"Aud and cmvnd W runinuze from the site to sheets,drainage facilides or adjacent propet-tics vh runolf, vchkk VmkQ wimb' it CTEAN UR Qon completion of daily work he PermMee shall cRan Me Hghtwkway of am rubbish.constructJon debris,toes, brush,exccss materials,tenlpotar�y°Uucams d cquipim,`ilt. 15. SAFETY: (a) The Permittee shall be cornpletely responsible Ar the conttfons of the job she. 16 sing salty,and AM]not be !hulled to normal working hours. Work and Safety prwisions WWI conhimmi to all applicable , ederal, State,and local lairs, 8,4&"_01.711 wri ofPious TnczywhmeMTcr-mh Appl&Mhm and 3 ordinances,and codes,and to the rules and regulations established by the California Division of Industrial Safety applicable to the work. (b) The services of the Inspector in conducting construction review of the Permittee's performance is not intended to include review of the adequacy of the Permittee's work methods or safety measures, in,on,or near the construction site,and shall not be construed as supervision of the actual construction nor make the Inspector or the Town responsible for providing a safe place for the performance of work by the Permittee, or subcontractors;or for access,visits,use work,travel or occupancy by any person. (c) The Permittee shall carefully instruct all personnel working in potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instruction as is necessary to prevent injury to personnel and damage to property. (d) Shoring and'French Safety Plan-Attention is directed to the Civil Code of the`Mate of California,the State Labor Code,and the State of California Division of Industrial Safety. 16. PROTECTION OF PERSON AND PROPERTY:The Permittee shall take whatever precautions are necessary to prevent damage to all existing improvements,including above ground and underground utilities. If such improvements or property are damaged by reason of the Perrnittee's operations,they shall be replaced or restored to a condition equal to or greater than what existed prior,at the Perrnittee's expense,without delay. 17. RESPONSIBILITY FOR REPAIR OF FACILITIES:All public or private facilities and improvements to remain, including but not lirnited to structures,telephone cables,roadways,curbs,gutters,parking lots,private drives,and storm drains disturbed during construction of the work shall be repaired arrd;'or replaced by the Permittee to match facilities existing prior to construction. In addition,the Permittee shall be responsible for any settlement damage to such facilities or adjoining areas for atleriod mentioned in Item 10 "Guarantee"after acceptance of such required facilities. In the event the Permittee refuses or neglects to make good any loss or damage for which he is responsible under this Permit,the Town may itself,or by the employment of others,make good any such loss or damage,and all cost and expense of doing so shall be charged to the Permittee. 18. CONTRACTOR'S LICENSE NOTICE:Contractors are required by law to be licensed and regulated by the Contractor's State License Board. 19. PRIVATE IMPROVEMENTS:Any private improvements to be installed on Town right-of-way as part of this permit shall be continuously maintained to a safe,clean,and serviceable level,and that the Permittee agrees to remove said improvements at the Pennittee's expense in the event that the Town requests such removal at its discretion. 20. NO PRECEDENT ESTABLISHED:This permit is granted with the understanding that this action is not to be considered as establishing any precedent on the question of the expediency of permitting any certain kind of encroachment. All encroachment permits are revocable at any time by the Town Engineer. 21, INDEMNITY:The Permittee specifically obligates himself and hereby agrees to protect, hold free and harmless,defend and indemnify the Town,the Engineer and his consultants,and each of their officers,employees and agents, from any and all hability, penalties,costs, losses,damages,expenses,causes of action,claims orjudgments, including attorney's fees, which mise out of or are in any way connected with the(a)the Town's issuance of this Permit;or(b)the Permittee's,his Contractor's,or his subcontractors' or suppliers' performance of work under this Permit.To the extent legally permissible, this inderunity and hold harmless agreement by the Pern-rittee shall apply to any acts or omissions,whether active or passive,on the part of the Permittee or his a_:ents, employees, representatives,or Subcontractor's agents,employees and representatives,resulting in liability irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the hability. Univss waived by the "Town Attorney_,_Pern�.ttee shall include the Town,the Engineer and his consuhaltts,and each of their cif ficers_er-Dpl ,t.ees and agents as additional insured's on their p_q&y_with primary and non-contributor coveratic all insurance documents shall b ,submitted to the Tt2}yn._prior to work commencing. Applicant agrees to indemnify,defend and hold harmless the Town of Tiburon,and its employees, agents and officials form any claims, losses or damages that may arise from(a)the"I oven's issuance of this encroachment permit or any other permit issued to applicant;and(b)Applicant's exercise of this encroachment permil and any other permit_,ranted by the Town. Proof of insurance is required upon request. By signing below the hermit applicant acknowledges readies and understanding the standard permit conditions. i Perrnittee(s): Date: Print name . Sign name 9 =1:/901?Twrti ri of Fibunin Encroachment-Permit Application acid 0eneral-Conditions I EXHIBIT 5 raj,+=r •.', R h� '� a :. q' = i"^.z-""e =EXISTING 24-MIN PARKING ?ZONE PROPOSED TO r �� a FREIGHT AND 3-MIN .•�� Jf k,. s � a ` c s i s ''PASSENGER LOADING AND a +UNLOADING ZONE BETWEEN �' 4 30PM'9:f1QPNt. t a5 13t �•* "``� :i�'' '.;ec W �� ' '�.�`i�s`.�.�4�r.�+``��`'"�.,, '�t v i S � ✓h'�.�....•�Y'`_-��c��b + S 'x t EXISTING FERRY r" LOADING AND t LOCATION w r a gyp« EXISTING FREIGHT AND 3 MINUTE PASSENGER LOADING AND UNLOADING ZONE AND w� `- z, v o RESTURANTVALETSERVIGE q =PROPOSED 2 PARKING SPACES FOR MINA S �" , . -c a " a ..` ^h �. JJ'"f � ..�..- ,w� _: r�;2� �" lr ^,`�,^.'°'�s;.i., .�� T' �. ",'�'� �', �e> '�_.-< sem..�. ?•,�" � �# �3"'T � .`. ir,�as t„ ?.y'`T�'� .., t.,' *:t�;±<,� ',vipr 7 '•`'�:L'yl.�; �, \'a s ro ✓\ C', .,f �" MINATBDR£STUPANT s4" t�"Y 7? sari r EXHIBIT 5 Tiburon Town Council July 17, 2019 Late Mail Requests for Copies: Lea Stefani, Istefanitownoftiburon.org Lea Stefani From: David Eshoo Sent: Thursday, July 11, 2019 5:00 PM To: Lea Stefani Cc: Greg Chanis; Patrick Barnes Subject: FW: Proposed Valet Parking This is the first public comment I received. David O. Eshoo Associate Engineer Department of Public Works 1505 Tiburon Blvd Tiburon, California 94920 Tel: 415-435-7354 Email: deshoo@townoftiburon.org -----Original Message----- From: Kathleen Lederer<nutsol@icloud.com> Sent: Thursday,July 11, 2019 4:55 PM To: David Eshoo <deshoo@townoftiburon.org> Cc: David Kulik<dkulik@townoftiburon.org> Subject: Proposed Valet Parking I'm writing, once again, to express my disagreement with the subject proposals from Mina and Caprice. My name is Ed Lederer and I'm a resident of Point Tiburon. The overriding reason from my perspective is that they violate a fundamental objective of the town's planning, which is to "maintain a village-like atmosphere." In Mina's case, valets standing on the edge of a town park, Shoreline, with cars lined up waiting to get service, is what we'd expect in an "urban-like atmosphere". Add to this a tam closing time with people lined up waiting for cars, most of whom will have been drinking for hours, and the ensuing noise with homes directly across the street, and you have a recipe for major problems. Add to that the fact that there are two parking lots within less than a block, negating the need for anyone to have their car parked by someone else. My problem with the Caprice proposal is the same, with the exception of the parking lot distance. The parking lot they want to use for the valet is a public one, and I believe the town already has regulations in place in that regard. The issue of probable noise levels is also applicable here, with horneowners just steps away. Thank you for your service to what has always been a wonderful town with a village-like atmosphere. Ed Lederer Please provide to all council members. Thanks. 1 Lea Stefani From: Lea Stefani Sent: Monday, July 15, 2019 9:55 AM To: Lea Stefani Subject: FW: Letter in Support of Michael Mina Valet On Jul 14, 2019, at 10:36 PM, Conor Flaherty <cc i or fla lier_Lvrn`i)rt seiveF��_rtlrers.com>wrote: ......_..._........... G reg, I won't be able to make the meeting on Wednesday, but wanted to send the following. Let me know if I should forward to someone else. To Whom It May Concern: My name is Conor Flaherty and I'm the proprietor of Sam's Anchor Cafe. I regret not being able to be in attendance tonight, but wanted to send this email in support of Michael Mina getting valet privileges. I try to be as involved as possible in the happenings around Tiburon. I know that the Town, its employees, AC Ventures, and all those involved with the Michael Mina restaurant have put in an enormous amount of time and thought in to getting this approved. I'd like to thank all of those involved. It takes a lot of care and dedication to get a project this far. And frankly, we need more of that in our Town. Every person involved is working to improve the Town and I believe strongly that it is my responsibility to support that. Patrons and would be patrons of Downtown Tiburon often tell me that parking is a hurdle for them to come down here.The debate can be had as to whether it should he, but the reality is that the perception keeps people away. I am completely confident that the perception of parking issues hurts business in Tiburon. When Michael Mina's restaurant gets approved for a valet service it will remove this objection. The argument that valet parking will only help Mina's, and not other businesses, is incorrect. More people in Downtown Tiburon helps every business. Furthermore, the Town and Mina have graciously made it so that anyone who wants to apply for this permit would also have access. AC Ventures and Michael Mina are investing a lot of money in to Town. Their investment gave me more confidence to do our renovation at Sam's, and has clearly been the driving force behind other, similar projects like the old Caprice. I have lived in Tiburon my entire life and don't remember the last time this kind of money was invested anywhere in the entire Town. It is incumbent upon everyone who wants to see a "revitalized Downtown" to do whatever we can to help them. This may mean that some need to sacrifice. But this issue isn't about Sam's, it isn't about Mina's, and it isn't about any single business; when we boil it down, this is about contributing to the greater good of the Town. It is about doing what is right: supporting a group that is doing everything they can to make Tiburon an amazing place. Please approve Michael Mina's application for valet parking because it is a good thing for the Town. Thanks, Conor Flaherty 1 Lea Stefani From: David Eshoo Sent: Monday, July 15, 2019 9:32 AM To: Lea Stefani Subject: Fwd: Restaurant valet parking in Tiburon Hi Lea, Citizen communication. Sent from my iPhone Begin forwarded message: From: Diane Lynch <dianedlvnch@gmail.com> Date:July 11, 2019 at 8:57:09 PM PDT To: town@townoftiburon.org, deshoo@townoftiburon.org Subject: Restaurant valet parking in Tiburon To the Council, Greg Chanis and David Eshoo: Deirdre's article on the proposals by two restaurants to set up valet stands was well written and covers the rules that already exist for such things: "With few exceptions, town policy prohibits 'permanent encroachments that effectively convert town property to private use and benefit, rather than for the benefit of the town and the general public.' " I hope the council will stick to the rules when figuring out what to do about these two applications. Taking a space near the ferry landing is not a great idea. I regularly drive through the round-about when the ferry is dislodging passengers and the waiting cars often block the road so using one of these spaces from 7AM to 2AM covers most of the times that the spaces are needed—what restaurant is open all but 7 hours a day anyway? This is pretty close to permanent...but should be denied. As for moving the loading of cars away from the entrance to the Caprice into the parking lot, that would be very helpful to the neighbors, like me, who must pass through that intersection multiple times a day. When approaching that intersection at night I often had to stop while people wandered out into their cars, totally blocking Paradise Drive. Not neighborly. Four hours a day is very different from 19 hours a day. Please hold the line on not allowing these restaurant valets to park in the very few public parking spaces in these downtown areas, including the lot across from the Caprice, and find some way to enforce the use of the parking lots they've identified. Thanking you for your hard work on behalf of all the people of Tiburon. Diane Lynch 171 Solano St. 1 Lea Stefani From: David Eshoo Sent: Monday, July 15, 2019 9:36 AM To: Lea Stefani; Greg Chanis Subject: Fwd: Follow-Up Hi Lea, Another citizen communication. Sent from my iPhone Begin forwarded message: From: Kathleen Lederer<nutsol@icloud.com> Date:July 12, 2019 at 1:58:13 PM PDT To: deshoo@townoftiburon.org Cc: <dkulil<@townoftiburon.org> Subject: Follow-Up Hello again, This is a follow-up to the email I sent you yesterday regarding the valet parking requests. While on a walk today, I measured the distances from Mina's proposed valet spot, on public property, to the restaurant, and from the parking lot across the street to the restaurant. From the valet spot it was 130 steps which took one minute and four seconds. From the parking lot it was 188 steps and one minute and twenty-eight seconds. The difference is 58 steps and 24 seconds. First, common sense says there is absolutely no logical reason to have any valet parking at all. And when we add the problems that this will create, which I described in yesterday's note, it's indefensible. I thank you for your attention and urge you to, as you have in the past, do the right thing for the people of this town, and maintain the "village-like atmosphere" that we all embrace. Ed Lederer Point Tiburon Please distribute to other council members. 1 Lea Stefani From: David Eshoo Sent: Tuesday, July 16, 2019 4:36 PM To: Lea Stefani Cc: Greg Chanis; Patrick Barnes Subject: FW: Comments for Meeting tomorrow Received citizen communication on Mina Valet. David O. Eshoo Associate Engineer Department of Public Works 1505 Tiburon Blvd Tiburon, California 94920 Tel: 415-435-7354 Email:deshgo(0townoftib_ur_on o_rg From:Ashley Kristensen <ashley@angelislandferry.com> Sent:Tuesday,July 16, 2019 4:34 PM To: David Eshoo <deshoo@townoftiburon.org> Cc: Margaret McDonogh <maggie@angelislandferry.com>; Sam McDonogh <sam@angelislandferry.com>; Gabriela Salas <gaby@angelislandferry.com> Subject: Comments for Meeting tomorrow Dear David, Thank you for accepting our comments for the upcoming meeting on July 17th regarding the valet parking in downtown Tiburon. As you know, we operate the ferry service from Tiburon to Angel Island as well as numerous other cruises since the late 1880s in this beautiful town. We are enthusiastic regarding new and remodeled businesses here in Tiburon. We believe a vibrant and dynamic business community is a vital component of our town and larger Tiburon community as a whole. As such, we are very excited to see Mina's new restaurant open and to see the opening of Caprice after its remodel. We believe that the logistics of valet parking could be complex. For example, the loading zone next to Acri's is actively utilized by many persons and businesses. By way of a few examples, many contractors and vendors that service numerous businesses on Main street park their trucks there while performing maintenance that requires more than a few minutes. Often these contractors/vendors need easy access to their vehicles for tools and equipment. Emergency services use the area when out on a call or when servicing the fire boat. During commute times cars often double park in the loading zone, around the circle and even on the other side of the road across from the loading zone in order to pick up or drop off for the ferry. Tour buses use it to load and off load groups that not only travel with us but frequent parties or events along Main Street. Our customers use it when loading or unloading equipment. These are just a few of the many instances in which the loading zone is used regularly. Additionally, Angel Island State Park staff, local employees and families also use parking lots for numerous events. FNOM, Summer's on Main and other events such as the Wine Festival or Classic 1 Car show currently close down a part of Main street (or Tiburon Blvd) which naturally causes congestion. If we add valet service to the mix some restrictions might need to be in place to keep the roadways minimally congested. In other words, the loading zone is heavily used by a variety of people and businesses. The hours that are being requested for the valet service (7am until 2 am) might be more than necessary for the venues. We do believe that valet parking would be a huge asset for not only the restaurants but for all the businesses of Main street. There might be a way to have the valet parking benefit everyone downtown. We do not wish to discourage the possibility of valet service for the downtown area. It potentially could relieve many visitors' frustration around parking. We would like to offer a possible alternative to using the current loading zone. Perhaps converting the 20-minute spaces (in front of the Ark flower shop) into a loading zone and using that area for valet services would be a viable solution. The curbs could be repainted for loading and perhaps the space would even benefit the commuters who have rides coming to pick them up. This would alleviate the impact from the already heavily used loading zone to the lesser used 20-minute parking zone. Further, it would alleviate the congestion in the round-about area. At a minimum, it would provide additional areas for folks who now use the loading zone. We transport around 60,000-70,000 passengers a year and the commuter ferries transport just as many, if not more. I believe the ferry companies would like to see the valet service come to town but not interrupt or conflict with the current travelers into Tiburon. We would not like to see commuters, ferry riders, and tourists visiting Tiburon become frustrated when looking for parking. Thank you for taking our comments into consideration, we are looking forward to a mutually beneficial solution. Best, Ashley Kristensen Please note I am not in the office on Sundays and Mondays. Angel Island Tiburon Ferry, Inc. PO Box 1231 - Mail 21 Main Street - Physical Tiburon, CA 94920 415-435-2131 2