HomeMy WebLinkAboutTC Agd Pkt 2021-08-04
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
Tiburon Town Council
August 4, 2021
Special Meeting – 4:00 P.M.
Regular Meeting – 5:00 P.M.
TIBURON
TOWN COUNCIL
AGENDA
CORONAVIRUS (COVID-19) ADVISORY NOTICE
Consistent with Executive Orders No. N-25-20 and No. N-29-20 from the Executive Department of the
State of California, the Town Council meeting will not be physically open to the public and all Council
Members will be teleconferencing into the meeting. To maximize public safety while still maintaining
transparency and public access, members of the public can access the meeting by following the meeting
live at:
Audio/Video Webinar: https://us06web.zoom.us/j/81995873449
Webinar ID: 819 9587 3449
Call-in Number: +1 669 900 6833
Access Code: 819 9587 3449
Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s
website and to this agenda.
Members of the public may provide public comment by sending comments to the Town Clerk by email at
comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be
distributed electronically to the Town Council and posted on the Town’s website. Comments received
after the start time of the Council meeting, but prior to the close of public comment period for an item,
will then be read into the record, with a maximum allowance of 3 minutes per individual comment,
subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500
words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after
the agenda item is heard but before the close of the meeting, the comment will still be included as a part
of the record of the meeting but will not be read into the record.
Any member of the public who needs accommodations should email or call the Town Clerk who will use
their best efforts to provide reasonable accommodations to provide as much accessibility as possible
while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable
accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at
www.townoftiburon.org.
SPECIAL MEETING – 4:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier
CLOSED SESSION
1. Conference With Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Ghilotti Bros., Inc. v. Town of Tiburon, Marin County Superior Court Case Number
CIV2003478)
2. Public Employee Performance Review: Government Code Section 34957
Title: Town Manager
ADJOURNMENT – to regular meeting
REGULAR MEETING – 5:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this time.
Please note however, that the Town Council is not able to undertake extended discussion or action on
items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board,
Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit
your comments to three (3) minutes.
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless a request
is made by a member of the Town Council, public or staff to remove an item for separate discussion and
consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor
and do so at this time.
CC-1. Town Council Minutes – Adopt minutes for June 16, 2021 regular Town Council meeting
(Department of Administrative Services)
CC-2. Town Council Minutes – Adopt minutes for June 29, 2021 special Town Council meeting
(Department of Administrative Services)
CC-3. May Investment Summary – Adopt investment summary for month ending May 31, 2021
(Department of Administrative Services)
CC-4. June Investment Summary – Adopt investment summary for month ending June 30, 2021
(Department of Administrative Services)
CC-5. Management and Unrepresented Employees – Adopt resolutions amending management and
unrepresented employee recognition and incentive compensation programs for Fiscal Year 2021-
22 (Department of Administrative Services)
CC-6. Service Employees International Union – Approve Memorandum of Understanding and
authorize the Town Manager to execute the agreement (Department of Administrative Services)
CC-7. Fiscal Year 2021-22 Budget Amendment – Approve FY2021-22 budget amendment in the
amount of $27,797 to reflect salary and employee compensation adjustments (Department of
Administrative Services)
CC-8. League of California Cities Annual Conference – Appoint voting delegate and alternate for the
League of California Cities Annual Business Meeting (Department of Administrative Services)
CC-9. 281 Karen Way Appeal – Adopt resolution that would deny the appeal heard by Council on
June 16, 2021 (Community Development Department)
CC-10. Virginia Utility Undergrounding District– Adopt resolution declaring surplus improvement
funds in the amount of $120,600 and authorize disposition of the funds (Office of the Town
Manager)
CC-11. Hawthorne Utility Undergrounding District – Authorize the Town Manager to execute
easement acquisition agreements at 2 Palmer Court, 4 Palmer Court, and 700 Tiburon Boulevard
(Department of Public Works)
CC-12. Abandoned Vehicle Abatement Program – Adopt resolution that would extend the
Abandoned Vehicle Abatement Program fee until 2032 (Office of the Town Manager)
CC-13. SB1 Road Repair and Accountability Act – Adopt resolution that would allocate FY 2021-22
State Road Maintenance and Rehabilitation Account (RMRA) funds to fund the 2023 Street
Paving Project (Department of Public Works)
CC-14. Fiscal Agent SB 1383 Consulting – Authorize Town Manager to enter into agreement with R3
Consulting for SB 1383 Implementation Planning on behalf of all Mill Valley Refuse Service
Franchisees (Office of the Town Manager)
CC-15. Marin County Housing First Case Management Program – Authorize the Town Manager to
enter into an agreement with the County of Marin to contribute funds in the amount of $40,269
to the Housing First Case Management Program and authorize a FY 2021-22 budget amendment
in the amount of $40,269 (Office of the Town Manager)
CC-16. Belvedere-Tiburon Joint Recreation Committee (“The Ranch”) – Authorize a financial
contribution toward the Ranch in the amount of $54,880 and authorize a FY 2021-22 budget
amendment in the amount of $54,880 (Office of the Town Manager)
ACTION ITEMS
AI-1. Magellan Advisors Broadband Proposal – Receive presentation from Magellan Advisors and
consider authorizing the Town Manager to enter into an Agreement for developing a Broadband
Strategic Plan for the Town of Tiburon (Office of the Town Manager).
PUBLIC HEARINGS
PH-1. Mill Valley Refuse Service Rate Increase Application – Consider adoption of a resolution that
would approve a rate increase requested by Mill Valley Refuse Service for residential and
commercial refuse hauling services.(Office of the Town Manager)
PH-2. Zoning Text Amendments – Consider Municipal Code amendments to Chapter 16 (Zoning)
that would further define Accessory Dwelling Unit (ADU) unit size and type, including
additional text amendments to ensure consistency with state law – Introduction and first reading of
ordinance (Community Development Department)
PH-3. Tiburon Tourism Business Improvement District (TTBID) – Conduct Public Hearing to: a)
consider any protests to continue to TTBID assessments as set forth in Resolution No. 24-2021;
b) consider adoption of a resolution to continue TTBID assessments as set forth in Resolution
No. 24-2021 (Office of the Town Manager)
PH-4. Cypress Hollow Landscape and Lighting District (LLD) – Hold Public Hearing and consider
adoption of a resolution that would confirm the assessments and order the levy and collection of
assessments within the district for FY 2021-22 (Department of Public Works)
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the 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 Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
Page 1 of 4
Tiburon Town Council Minutes #11-2021 DRAFT June 16, 2021
TOWN COUNCIL REGULAR MEETING
DRAFT MINUTES
Consistent with Executive Orders No. N-25-20 and N-29-20 from the Executive Department of the State of California and the County Public Health Department’s May 18, 2020 Shelter-in-Place Order, councilmembers attended this meeting by teleconference. Members of the public
were invited to participate in the meeting by live-streaming the meeting on the Town’s website
and submitting comments to comments@townoftiburon.org to be included in the public record for the meeting.
REGULAR MEETING – 5:00 P.M.
Mayor Thier called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on Wednesday, June 16, 2021.
CALL TO ORDER AND ROLL CALL
PRESENT: COUNCILMEMBERS: Fredericks (at 5:06 p.m.), Ryan, Thier, Welner
ABSENT: COUNCILMEMBERS: One Vacant Seat
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Public Works/Town Engineer Palmer,
Director of Administrative Services Creekmore,
Accounting & Finance Manager Kurakina, Director of Community Development Tasini, Assistant Planner Bonifacio, Town Clerk Stefani
ORAL COMMUNICATIONS
There were none.
CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for June 2, 2021 special and regular Town
Council meetings (Department of Administrative Services)
CC-2. November 2, 2021 Special Municipal Election – Adopt resolutions a) calling a specialelection on November 2, 2021; b) requesting consolidation of election services with the County of Marin; and c) providing that the cost of printing the candidate statements shall
be borne by the candidate (Department of Administrative Services)
CC-3. Vacancies on Town Boards & Commissions – Announce special vacancy on theBelvedere-Tiburon Joint Recreation Committee (Department of Administrative Services)
CC-4. Belvedere-Tiburon Library Agency Board of Trustees – Approve Reed Union School
District’s appointment to the Belvedere Tiburon Library Agency Board of Trustees (Department of Administrative Services) DR
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CC-1
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Tiburon Town Council Minutes #11-2021 DRAFT June 16, 2021
CC-5. Tiburon Tourism Business Improvement District – Adopt Resolution of Intention to levy assessments for Fiscal Year 2021-22 (Office of the Town Manager)
CC-6. Cypress Hollow Landscape and Lighting District (LLD) – Adopt resolution approving the Annual Engineer’s Report, declaring intent to levy and collect assessments within the Cypress Hollow LLD, and setting time and place for Public Hearing (Department of Public Works)
CC-7. Tiburon Police Officers Association – Approve Memorandum of Understanding and authorize the Town Manager to execute the agreement (Department of Administrative Services)
CC-8. 5 Main Street – Adopt a resolution that would approve a Memorandum of Encroachment
between the Town and 5 Main Street for valet service (Department of Public Works) Mayor Thier removed Consent Calendar Items No. 5 and 6.
MOTION: To approve Consent Calendar Items No. 1-4 and 7-8, as written.
Moved: Ryan, seconded by Welner VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat
CC-5. Tiburon Tourism Business Improvement District – Adopt Resolution of Intention to
levy assessments for Fiscal Year 2021-22 (Office of the Town Manager) Mayor Thier made an amendment to the draft resolution to indicate that the Public Hearing will instead be held on August 4, 2021.
MOTION: To adopt Consent Calendar Item No. 5, as amended. Moved: Thier, seconded by Welner VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat
CC-6. Cypress Hollow Landscape and Lighting District (LLD) – Adopt resolution approving the Annual Engineer’s Report, declaring intent to levy and collect assessments within the Cypress Hollow LLD, and setting time and place for Public Hearing (Department of Public Works)
Mayor Thier made an amendment to the draft resolution to indicate that the Public Hearing will instead be held on August 4, 2021. MOTION: To adopt Consent Calendar No. 6, as amended.
Moved: Thier, seconded by Welner
VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat
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Page 3 of 4
Tiburon Town Council Minutes #11-2021 DRAFT June 16, 2021
PUBLIC HEARINGS PH-1. 281 Karen Way – Consider appeal of Site Plan and Architectural Review approval for
construction of additions to an existing single-family dwelling with a Variance request
for reduced side setback (Community Development Department) Owner/Applicant: Lisa Evers Appellants: Eileen McHale, Mary and Charles Barnes, Jill Sperber, Pru and Fred Starr
Address: 281 Karen Way
Assessor Parcel No.: 034-122-05 The following members of the public spoke in favor of granting the appeal:
• Ted Schroeder
• Brian Brown
• Brian
• Priscilla Wanat
• Evelyn Wu
• Cynthia Perry
• Mindy Canter
• Gil Norman
• Tiffany Whitney
• Joseph Starr
• Fred Whitney
• Andrew Rusting
The following members of the public spoke in favor of denying the appeal:
• Leonor Noguez
• Eckhard Evers
• An unknown speaker
• Stephanie Zacek
• Dan Schwager
• Gerry Fassig MOTION: To deny the appeal and direct staff to return with an appropriate resolution for consideration of adoption at the next Council meeting. Moved: Ryan, seconded by Fredericks
VOTE: AYES: Fredericks, Ryan, Welner ABSENT: Thier, One Vacant Seat PH-2. 2021-22 Municipal Budget and Capital Improvement Program – Hold Public Hearing and consider adoption of a resolution approving the Fiscal Year 2021-22 Municipal
Budget and Capital Improvement Program and Gann limit appropriations limit and if necessary, adoption of a continuing resolution for the FY 2020-21 Municipal Budget (Office of the Town Manager/Department of Administrative Services) DR
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Tiburon Town Council Minutes #11-2021 DRAFT June 16, 2021
MOTION: To adopt the Resolutions approving the Fiscal Year 2021-22 Municipal Budget and Capital Improvement Program and establishing the Fiscal Year 2021-22
Appropriations Limit.
Moved: Welner, seconded by Thier VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat
ACTION ITEMS AI-1. Hawthorne Utility Undergrounding District – Consider adoption of 2 Resolutions of Necessity that would initiate proceedings to acquire easements by eminent domain at 2 properties within the District (Department of Public Works)
MOTION: To adopt two Resolutions of Necessity for properties at 40 Del Mar Drive and
APN 055-201-25 (Sommers Court). Moved: Welner, seconded by Thier VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat
AI-2. Hawthorne Utility Undergrounding District – Consider approval of a possession and use agreement to possess and use property at 730 Hawthorne Drive (Department of Public Works)
Councilmember Ryan stated he had a material property interest within the District and would
therefore recuse himself from the vote on this item. MOTION: To authorize the Possession and Use Agreement. Moved: Fredericks, seconded by Welner
VOTE: AYES: Fredericks, Thier, Welner
RECUSED: Ryan ABSENT: One Vacant Seat ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Thier adjourned the meeting at 8:30 p.m.
HOLLI THIER, MAYOR TOWN OF TIBURON
ATTEST: LEA STEFANI, TOWN CLERK
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Page 1 of 2
Tiburon Town Council Minutes #12-2021 DRAFT June 29, 2021
TOWN COUNCIL SPECIAL MEETING
DRAFT MINUTES
Consistent with Executive Orders No. N-25-20 and N-29-20 from the Executive Department of the State of California, councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s
website and submitting comments to comments@townoftiburon.org to be included in the public
record for the meeting.
SPECIAL MEETING – 10:00 A.M.
Mayor Thier called the special meeting of the Tiburon Town Council to order at 10:00 a.m. on
Tuesday, June 29, 2021.
CALL TO ORDER AND ROLL CALL
PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner
ABSENT: COUNCILMEMBERS: One Vacant Seat
PRESENT: EX OFFICIO: Town Manager Chanis, Director of Public Works/Town Engineer Palmer, Director of
Community Development Tasini, Town Clerk
Stefani
ORAL COMMUNICATIONS
There were none.
CONSENT CALENDAR
CC-1. Hawthorne Utility Undergrounding District – Approve authorization and execution of
acquisition agreements at 145 Rock Hill Road and 40 Del Mar Drive (Department of
Public Works)
Councilmember Ryan stated he had a material property interest within the District and would recuse himself from the item.
MOTION: To adopt Consent Calendar Item No. 1, as written. Moved: Fredericks, seconded by Welner VOTE: AYES: Fredericks, Thier, Welner RECUSED: Ryan
ABSENT: One Vacant Seat DR
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CC-2
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Tiburon Town Council Minutes #12-2021 DRAFT June 29, 2021
ACTION ITEMS
AI-1. Regional Housing Needs Allocation (RHNA) – Consider submission of an appeal letter
to the Association of Bay Area Governments (ABAG) to consider a modification of the Regional Housing Needs Allocation for the Town (Community Development Department)
MOTION: To direct staff to submit an appeal letter to the Association of Bay Area
Governments to consider a modification of the Regional Housing Needs Allocation (RHNA) for the Town. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner
ABSENT: One Vacant Seat
ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thier
adjourned the meeting at 10:35 p.m.
HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST:
LEA STEFANI, TOWN CLERK
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TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Recommendation to Accept the May 2021 Investment Summary
Reviewed By:
_________
Greg Chanis, Town Manager
n/a ________
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, 2021.
RECOMMENDED ACTION(S) 1.Staff recommends that the Town Council move to accept the Investment Summary for May2021
BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town’s investment activities for the monthly period ended May 31, 2021.
All of the funds listed below are on deposit with the Local Agency Investment Fund (LAIF).
ANALYSIS
May 2021
Agency Investment Amount Interest Rate Maturity
Local Agency Investment Fund (LAIF) –
Beginning Balance as of 05/01/2021 $22,568,541.43 0.315 % Liquid
Deposits 1,900,000.00
Withdrawals 0.00
Interest Earnings (Posted Quarterly) 0.00
Total Ending Balance as of 05/31/2021 $24,468,541.43
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: CC-3
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 2
The total invested at the end of the prior month was $22,568,541.43. A deposit in the amount of $1.9M was made on May 17 after receiving $1.7M from the County of Marin for the balance of FY 20-21 property tax revenue. Interest is posted by LAIF quarterly and will be reported on the July 2021 statement.
In addition to the funds on deposit with LAIF, the Town invests funds in two Section 115 Irrevocable Trusts for Other Post-Employment Benefits and pension obligations. These trusts are administered by Public Agency Retirement Services (PARS). The PARS May 2021 Statement is attached to this report as Exhibit 1. 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.
CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. 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 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. Move to accept the Investment Summary for May 2021
Exhibit(s): 1. PARS Section 115 Trust Account Summary for May 2021 Prepared By: Suzanne Creekmore, Director of Administrative Services
EXHIBIT 1
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Recommendation to Accept the June 2021 Investment Summary
Reviewed By:
_________
Greg Chanis, Town Manager
n/a ________
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 June 30, 2021.
RECOMMENDED ACTION(S) 1.Staff recommends that the Town Council move to accept the Investment Summary for June2021
BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town’s investment activities for the monthly period ended June 30, 2021.
All of the funds listed below are on deposit with the Local Agency Investment Fund (LAIF).
ANALYSIS
June 2021
Agency Investment Amount Interest Rate Maturity
Local Agency Investment Fund (LAIF) –
Beginning Balance as of 06/01/2021 $24,468,541.43 0.262 % Liquid
Deposits 1,600,000.00
Withdrawals 0.00
Interest Earnings (Posted Quarterly) 0.00
Total Ending Balance as of 06/30/2021 $22,868,541.43
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: CC-4
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 2
The total invested at the end of the prior month was $24,468,541.43. A withdrawal in the amount of $1.6M was made on June 9 pay U.S. Bank $1.325M in prepayments for the Hawthorne Undergrounding bond issued. This withdrawal also included $275,000 to support regular operating expenses. Interest is posted by LAIF quarterly and will be reported on the July 2021
statement. In addition to the funds on deposit with LAIF, the Town invests funds in two Section 115 Irrevocable Trusts for Other Post-Employment Benefits and pension obligations. These trusts are administered by Public Agency Retirement Services (PARS). The PARS June 2021 Statement is
attached to this report as Exhibit 1. The PARS FY 2020-21 Fiscal Year summary covering the period 7/1/2020 to 6/30/2021 is attached as Exhibit 2. 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. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon.
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 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. Move to accept the Investment Summary for June 2021 Exhibit(s): 1. PARS Section 115 Trust Account Summary for June 2021 2. PARS Section 115 Trust Account Summary for Fiscal Year 20-21 Prepared By: Suzanne Creekmore, Director of Administrative Services
EXHIBIT 1
EXHIBIT 2
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the 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 2021-22
Reviewed By:
_________
Greg Chanis, Town Manager
n/a
________
Benjamin Stock, Town Attorney
SUMMARY The Council will consider two resolutions restating the employee recognition and incentive compensation programs for the Towns management and unrepresented employees for the new fiscal year.
RECOMMENDED ACTION(S) 1.Adopt the following Resolutions:a)Amending the Management Recognition and Incentive Compensation Program; andb)Amending the Unrepresented Employees Recognition and Incentive CompensationProgram.
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 2021-22 all Management and Unrepresented employees receive a cost-of-living-adjustment of 2.5%. The proposed Management Incentive resolution also provides for a 2.3% equity adjustment to the salary range for the Director of Community Development. The Mid-management and Unrepresented resolution provides for equity adjustments to the salary
ranges for the Town Clerk and Senior Planner positions in the amount of 6.5% and 2.7%,
respectively. These increases are based on a salary survey that found these three positions are more than 2% below the average salary for comparable positions of the other Marin County local agencies, excluding Ross and the County of Marin. These equity adjustments are consistent with the Town' s Administrative Policy for setting salary ranges for Management and Unrepresented
employees. Additionally, the position of Accounting and HR Clerk was reclassified to
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting
August 4, 2021
Agenda Item: CC-5
Town Council Meeting August 4, 2020
TOWN OF TIBURON PAGE 2 OF 2
Accounting and HR Technician to reflect the technical proficiency required in the position. No change to the salary range is proposed. Finally, the salary range for the Director of Administrative Services has been adjusted this year to reflect a 40-hour work week, consistent with the hourly work weeks for other Management employees. The financial impact related to these salary range
adjustments were reflected in the FY 2021-22 budget adopted at the June 16, 2021 Town Council
meeting. ANALYSIS
No further analysis provided. FINANCIAL IMPACT As proposed, the additional expenses associated with the proposed cost-of-living adjustment and
benefits program in FY 2021-22 is estimated at $84,139 broken down as follows:
COLA Increase $44,417 CalPERS Employer Costs 3,838 FICA (Medicare) 643
Benefits* 35,241 Total $84,139 The cost of benefits represents a 10% increase over the previous fiscal year’s unrepresented employee cafeteria benefits program.
CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon.
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.
RECOMMENDATION Staff recommends that the Town Council: 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
Exhibits: 1. Management Incentive Program Resolution
2. Unrepresented Employees Recognition and Incentive Program
Prepared By: Suzanne Creekmore, Director of Administrative Services
EXHIBIT 1
Town Council Resolution No. XX-2021 DRAFT 08/04/2021 Page 1 of 7
DRAFT RESOLUTION NO. XX-2021
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 30-2020 AND ADOPTING AN AMENDED MID-MANAGEMENT AND UNREPRESENTED EMPLOYEES RECOGNITION AND INCENTIVE COMPENSATION PROGRAM FOR FISCAL YEAR 2021-22
WHEREAS, 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 growth, 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 Council has updated and amended the Mid-Management and Unrepresented Employee Recognition and Incentive Compensation Program most recently in July 2020 by the adoption of Resolution No. 30-2020; and
WHEREAS, the Town of Tiburon Unrepresented employees are defined to include the
following positions: Building Permit Technician Planning Technician Superintendent of Public Works Building Official
IT Coordinator Building Permit Clerk
Planning Manager Senior Planner Town Clerk Management Analyst Associate Engineer Associate Planner Administration Assistant Community Development Aide
Building Inspector Administrative Services & EOC Coordinator
Finance & Accounting Manager Accounting & HR Technician Assistant Planner NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby repeal Resolution No. 30-2020 and all predecessor versions of the Mid-
Management and Unrepresented Employees Recognition and Incentive Compensation Program and adopts the following amended Mid-Management and Unrepresented Employees Recognition and Incentive Compensation Program:
Town Council Resolution No. XX-2021 DRAFT 08/04/2021 Page 2 of 7
SECTION 1. SALARIES
Effective July 1, 2021 salary ranges for positions covered by this resolution shall be:
Assistant Planner $5,850 - $7,312 Associate Planner $6,499 - $8,124 Building Permit Technician $5,519 - $ 6,899
Building Official $9,644 - $12,055
Superintendent of Public Works $9,240 - $11,550 Associate Engineer $7,980 - $9,975 Senior Planner $7,190 - $8,988 Town Clerk/Management Analyst $7,638 - $9,548
Management Analyst $6,951 - $8,689
Administration Assistant $4,783 - $5,979 Community Development Aide $4,783 - $5,545 Building Inspector $7,339 - $9,174 Building Permit Clerk $4,783 - $5,979
Planning Technician $4,783 - $5,979
Information Technology Coordinator $7,943 - $9,928 Admin Services & EOC Coordinator $6,509 - $8,136 Finance & Accounting Manager $8,457 - $10,572 Accounting & HR Clerk $30-35 per hour
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 CalPERS
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 from 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 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 amount becomes that employee’s new cap.
Town Council Resolution No. XX-2021 DRAFT 08/04/2021 Page 3 of 7
Retirement – The Town contracts with CalPERS for the provision of a retirement program for its miscellaneous and public safety employees. The Town does not
administer the retirement program and makes no representation of the specific parameters
of the program beyond what is provided in the Town’s contract with CalPERS. Employees may obtain a copy of the CalPERS contract to review all elements of the current program.
Effective July 1, 2015, all employees considered “classic” under CalPERS shall “pick
up” 1% of the CalPERS Employers rate. This additional 1% is above the Employee’s 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% @ 55 retirement formula, with the highest single year calculation. Public Safety members hired prior to
January 1, 2013 shall receive the 3% @ 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 January 1, 2013, who are “new members” of the retirement system as defined by CA Government Code Section 7522.04(f), 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 Insurance - The Town of Tiburon offers employee covered by this resolution a
$25,000 life insurance policy. Such insurance is mandatory. The 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 two-thirds of an employee’s salary up to a maximum benefit of $4,500/month. Such insurance is mandatory.
Town Council Resolution No. XX-2021 DRAFT 08/04/2021 Page 4 of 7
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 deferred compensation plan to 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 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-management 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 11+ 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 of vacation 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-management and Unrepresented 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, 2011, 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
Town Council Resolution No. XX-2021 DRAFT 08/04/2021 Page 5 of 7
capped. This value cannot grow through additional accrued sick leave or though 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 frozen 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, 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 employees 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 a holiday falls on a Saturday and the preceding Friday is also a holiday, the Town Manager
may designate the preceding Thursday or following Monday to observe the holiday.
When a holiday falls on Sunday, the following Monday shall be observed. However, when a holiday falls on a Sunday and the following Monday is also a holiday, the Town Manager may designate the preceding Friday or following Tuesday to observe the holiday
Town Council Resolution No. XX-2021 DRAFT 08/04/2021 Page 6 of 7
SECTION 8. HOLIDAY CLOSURE
All represented and non-represented employees will be required to take 1 day vacation or
administrative leave as part of the holiday closure program. The Town will also contribute one day off as part of the program. Tiburon Town Hall will be closed from December 23, 2021 through January 3, 2022.
Proposed Schedule:
Thursday, December 23, 2021 Christmas Eve Holiday observed Friday, December 24, 2021 Christmas Day Holiday observed Monday, December 27, 2021 Veterans Day Holiday observed
Tuesday, December 28, 2021 Employee Contributes a day
Wednesday, December 29, 2021 Town Contributes a day Thursday, December 30, 2021 New Year’s Eve Holiday observed Friday, December 31, 2021 New Year’s Day Holiday observed
SECTION 9. ADMINISTRATIVE LEAVE
In recognition of the long hours required to perform at the Mid-Management 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 than10 miles from Town 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 among employees, the Town of Tiburon shall reimburse the costs of tuition, books and fees at the rate of the California State University system. Employees must receive prior approval of 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 suspended since FY 2011-12.
Town Council Resolution No. XX-2021 DRAFT 08/04/2021 Page 7 of 7
SECTION 12. RETIRED EMPLOYEE'S 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 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 Town's contribution rate is based on the following formula: Percent of Kaiser Years of Consecutive Single 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 after July 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 of the Town Council of the Town of Tiburon on August 4, 2021 by the following vote:
AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS:
___________________________
HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST:
___________________________________ LEA STEFANI, TOWN CLERK
EXHIBIT 2
Page 1 of 7
Town Council Resolution No. XX-2021 DRAFT 08/04/2021
DRAFT RESOLUTION NO. XX-2021 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON RESCINDING RESOLUTION NO. 31-2020 AND ADOPTING AN AMENDED MANAGEMENT RECOGNITION
AND INCENTIVE COMPENSATION PROGRAM FOR FY 2021-22
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 recognizing outstanding management performance in
all public 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 2020 by the adoption of Resolution No. 30-2020; and
WHERAS, the Town of Tiburon 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. 31-2020 and all predecessor versions of the Management Recognition and Incentive Compensation Program and adopts the following amended Management Recognition and Incentive Compensation Program:
SECTION 1. SALARIES
Effective July 1, 2021 salary ranges for management positions shall be: Chief of Police $13,765 - $17,207
Director of Administrative Services $12,220 - $15,275
Director of Community Development $11,832 - $14,790 Director of Public Works/Town Engineer $13,347 - $16,684 Town Attorney Based on Contract Town Manager Based on Contract
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Town Council Resolution No. XX-2021 DRAFT 08/04/2021
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 of the 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
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 from 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 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 amount becomes that employee’s new cap.
Retirement – The Town contracts with CalPERS for the provision of a retirement program for its miscellaneous and public safety employees. The Town does not administer the retirement program and makes no representation of the specific parameters of the program beyond what is provided in the Town’s contract with CalPERS. Employees may obtain a copy of the CalPERS
contract to review all elements of the current program.
Effective July 1, 2015, all employees considered “classic” under CalPERS shall “pick up” 1% of the CalPERS Employers rate. This additional 1% is above the Employee’s 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% @ 55 retirement formula,
with the highest single year calculation. Public Safety members hired prior to January 1, 2013
shall receive the 3% @ 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 January 1, 2013, who are “new members” of the retirement system as defined by CA Government Code Section 7522.04(f), shall receive the 2.7% @ 57 retirement formula with the highest 36 months calculation
Medical Insurance - The Town of Tiburon offers management employees and their dependents
medical/hospital insurance coverage. A qualified employee may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for
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Town Council Resolution No. XX-2021 DRAFT 08/04/2021
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 Insurance - The Town of Tiburon 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 Tiburon offers management
employees additional life insurance up to a combined total of no more than $95,000.
Participation is optional. Disability Insurance - The Town of Tiburon offers management employees long term disability insurance. Such insurance is mandatory.
Long Term Care - The Town 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 Plan - The Town of Tiburon offers management employees the ability to
participate in its IRS Section 125 Plan. Participation is optional.
SECTION 4. VACATION LEAVE In recognition of the fact that many top management personnel are recruited from outside the
Town, 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: Management employees shall accumulate vacation leave in accordance with the following
vacation time entitlement:
Service Work Days 0-5 Years 15 Days
6-15 Years 20 Days
16+ Years 25 Days Upon termination of a management employee's service with the Town, such employee shall be paid a lump sum equivalent to his/her accrued vacation leave. Maximum accumulation of
vacation leave is 40 workdays.
SECTION 6. SICK LEAVE
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Town Council Resolution No. XX-2021 DRAFT 08/04/2021
Management 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 maximum 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, 2011, 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 sick leave or though 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 frozen 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, 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 management employees hired after July 1, 2001, they may accrue unlimited sick leave with
no option for "cashback" benefits. SECTION 8. HOLIDAYS
The Town agrees to provide management 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 Observed during Holiday Furlough Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve December 24 Christmas Day December 25
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Town Council Resolution No. XX-2021 DRAFT 08/04/2021
New Year's Eve December 31
When a holiday falls on a Saturday, the preceding Friday shall be observed. However, if a holiday falls on a Saturday and the preceding Friday is also a holiday, the Town Manager may designate the preceding Thursday or following Monday to observe the holiday. When a
holiday falls on Sunday, the following Monday shall be observed. However, when a holiday
falls on a Sunday and the following Monday is also a holiday, the Town Manager may designate the preceding Friday or following Tuesday to observe the holiday. SECTION 9. HOLIDAY CLOSURE
All represented and non-represented employees will be required to take 1 day vacation or administrative leave as part of the holiday closure program. The Town will also contribute one day off as part of the program. Tiburon Town Hall will be closed from December 23, 2021 through January 3, 2022.
Proposed Schedule: Thursday, December 23, 2021 Christmas Eve Holiday observed Friday, December 24, 2021 Christmas Day Holiday observed
Monday, December 27, 2021 Veterans Day Holiday observed
Tuesday, December 28, 2021 Employee Contributes a day Wednesday, December 29, 2021 Town Contributes a day Thursday, December 30, 2021 New Year’s Eve Holiday observed Friday, December 31, 2021 New Year’s Day Holiday observed
SECTION 10. ADMINISTRATIVE LEAVE In recognition of the long hours required to perform at the management level, including attendance at numerous meetings outside normal working hours, the following 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 11. 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 hours beyond 7:00 P.M. may be reimbursed in an amount not to exceed $25.00 for the purchase of dinner 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
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Town Council Resolution No. XX-2021 DRAFT 08/04/2021
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 who voluntarily resigns from 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 l 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 Bay Area to fulfill their job requirements. This travel is frequently required outside of normal working hours. In recognition of this employment
requirement, the Town shall provide either the use of a Town vehicle or an automobile
allowance, as provided in the Town budget. Use of a Town vehicle shall be in accordance with the Town's Administrative Policies and Procedures and is not intended for 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 University system. Employees must receive prior approval of 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 suspended since FY 2011-12. SECTION 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
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Town Council Resolution No. XX-2021 DRAFT 08/04/2021
For any Management employee 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 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 Town's contributions rate is based on the following formula:
Percent of Kaiser Years of Consecutive Single Rate Service to Town
50% 15 Years
75% 20 Years 100% 25 Years Such coverage 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 the Town of Tiburon which may be in conflict herewith.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon
on August 4, 2021, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________ HOLLI THIER, MAYOR
TOWN OF TIBURON
ATTEST:
___________________________________ LEA STEFANI, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Recommendation to Approve Memorandum of Understanding Between the Town of Tiburon and the Service Employees International Union (SEIU) Local 1021 (July 1, 2021 – June 30, 2024)
Reviewed By:
_________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney
SUMMARY Council will be considering approval of a Successor Memorandum of Understanding between the Town of Tiburon and SEIU Local 1021 establishing employment terms for a three-year agreement.
RECOMMENDED ACTION(S)
1.Approve the Memorandum of Understanding between the Town of Tiburon and theService Employees International Union and authorize the Town Manager to executethe Agreement.
BACKGROUND
The most recent Memorandum of Understanding (MOU) between the Town of Tiburon and the
Service Employees International Union (SEIU) expired on June 30, 2021. Beginning in mid-March, the Town’s negotiating team met with representatives of the SEIU to confer on the terms of a successor MOU. The Town and SEIU have tentatively agreed on a three-year contract which covers the terms and conditions of employment of Unit members from July 1, 2021 through June
30, 2024.
ANALYSIS
The Town’s major focus when negotiating with the SEIU this year was to keep base pay
consistent with the Town’s administrative policy for setting salaries. The Town used Marin
County local agency salary data to calculate average base salaries. The new agreement introduces a $100 monthly contribution to a Retirement Health Saving Account (RHSA). Members who receive any amount of 457 deferred compensation contribution through unused cafeteria benefits or who are eligible for Retiree Medical are not eligible to receive the Town-paid
RHSA contribution. Further, on-call rates had not been adjusted since they were established
between SEIU and the Town in 2013. The Town and SEIU negotiated on-call rates would be increased from $300 to $380 per month per employee for each month assigned to on-call. This is
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: CC-6
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 3
equal to 5% of pay for the Step E Maintenance Worker classification, which is equivalent to the rate established for on-call pay in 2013. The Town and SEIU also negotiated the terms of a new Paid Emergency Leave section that will provide up to ten (10) days of paid leave to members whose normal worksite or operations are
closed due to an emergency and the member is not reassigned to a non-impacted worksite. The Town also negotiated the terms of a new ‘Schedule’ section to establish regular working days for existing and new members. The new terms allow existing members to preserve their Monday through Friday work week while allowing the Town to hire new members whose regular workdays can include Saturdays and Sundays.
A reopener is included to discuss Town-paid holidays and determine whether the new federally declared Juneteenth National Independence Day holiday will be reflected in the agreement. The terms and conditions that were tentatively agreed upon and incorporated into the exhibit
Memorandum of Understanding are: Salary: July 1, 2021 2.0% increase plus one time $500 lump sum payment for all SEIU members
July 1, 2022 2.0% increase for all SEIU members July 1, 2023 2.5% increase for all SEIU members FINANCIAL IMPACT
FY 2021-22 Salary: $9,651 Lump Sum: 3,000 On Call: 960 RHSA: 1,200
FICA: 242
PERS: 1,114 Total $16,167 FY 2022-23 Salary: $9,916
On Call: 960
RHSA: 2,400 FICA: 200 PERS: 2,756 Total $16,232
FY 2023-24 Salary: $12,778 On Call: 960 RHSA: 1,200 FICA: 157
PERS: 889
Total $17,184 The total cumulative impact of the negotiated three-year agreement is estimated at $49,583.
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 3 OF 3
CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. 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 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. Move to approve the Memorandum of Understanding between the Town of Tiburon and the Service Employees International Union and authorize the Town Manager execute the Agreement
Exhibit(s): 1. Memorandum of Understanding between the Town of Tiburon and Service Employees International Union – Redlined 2. Memorandum of Understanding between the Town of Tiburon and Service Employees International Union – Final Prepared By: Suzanne Creekmore, Director of Administrative Services
EXHIBIT 1
TABLE OF CONTENTS
Page
-i-
Section 1. RECOGNITION ............................................................................................ 1
Section 2. UNION REPRESENTED EMPLOYEE RIGHTS ........................................... 2
Section 3. MANAGEMENT RIGHTS ............................................................................. 2
Section 4. NO DISCRIMINATION ................................................................................. 3
Section 5. SCOPE OF AGREEMENT ........................................................................... 3
Section 6. EMPLOYEE REPRESENTATIVES .............................................................. 3
Section 7. CAFETERIA BENEFITS PLAN ................................................................... 4
Section 8. RETIREMENT PROGRAM .......................................................................... 5
Section 9. HOLIDAYS ................................................................................................... 6
Section 10. SICK LEAVE .............................................................................................. 7
Section 11. LEAVE WITH PAY ..................................................................................... 9
Section 12. UNION UNPAID LEAVE ............................................................................ 9
Section 13. VACATION ................................................................................................. 9
Section 14. HOLIDAY CLOSURE PROGRAM ........................................................... 10
Section 15. SCHEDULE .............................................................................................. 10
Section 16. SALARY ................................................................................................... 11
Section 17. OVERTIME ............................................................................................... 13
Section 18. TUITION REIMBURSEMENT PROGRAM ............................................... 14
Section 19. NOTICE TO EMPLOYEES ....................................................................... 14
Section 20. UNIFORMS FURNISHED AND MAINTAINED ........................................ 14
Section 21. HEALTH AND SAFETY ........................................................................... 15
Section 22. SENIORITY .............................................................................................. 15
Section 23. LAYOFF AND RE-EMPLOYMENT .......................................................... 15
Section 24. DISCIPLINARY ACTION/SEPARATION FROM THE SERVICE ............. 16
Section 25. GRIEVANCE PROCEDURES .................................................................. 20
Section 26. POSITION RECLASSIFICATION PROCEDURE .................................... 22
Section 27. PERSONNEL FILES ................................................................................ 23
Section 28. FULL UNDERSTANDING MODIFICATION WAIVER ............................. 23
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MEMORANDUM OF UNDERSTANDING
BETWEEN
TOWN OF TIBURON
and
SERVICE EMPLOYEES INTERNATIONAL UNION, SEIU 1021
PREAMBLE
This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-
Brown Act, by and between the Town Manager of the TOWN OF TIBURON “the Town”
and the Service Employees International Union, SEIU 1021 “the Union” on the _____
day of JulyAugust, 202118.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment of the represented employees of the Town of
Tiburon and have exchanged freely information, opinions, and proposals and have
endeavored to reach agreement on all matters relating to the employment conditions
and Employer-employee relations of such employees.
The Memorandum of Understanding shall be presented to the Town Council as the
joint recommendations of the undersigned for salaries, fringe benefits and working
conditions of all represented employees of the Town of Tiburon.
This Memorandum of Understanding and following agreements shall not become
effective until approved by the Tiburon Town Council and SEIU 1021.
Section 1. RECOGNITION
1.1 Union Representation: The employment classifications represented by the Union
include: Maintenance Worker and Senior Maintenance Worker.
1.2 Dues Deduction: The Town shall, in a single payroll deduction made bi-monthly,
deduct the amount of Union Dues or fees as specified by the Union and
authorized by each affected employee in accordance with rules and regulations
to implement the Employer-Employee Relations Resolution. Said deductions are
to be made without fee charged to the Union. The Union agrees to hold the Town
harmless from any liability arising from such deduction.
1.3 COPE Deduction: The Town agrees to the establishment of a payroll deduction
program for voluntary unit member contributions to the Committee on Political
Education (C.O.P.E.).
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Section 2. UNION REPRESENTED EMPLOYEE RIGHTS
2.1 The Union's right to represent its members before the Town Council or advisory
boards or commissions or the Town Manager or his/her designee with regard to
wages, hours, and working conditions or other matters within the scope of
representation.
2.2 The right to be given reasonable written notice of any proposed ordinance, rule,
resolution, or regulation, or amendment hereto, relating to matters within the
scope of representation.
2.3 Reasonable access to employee work locations for officers of the Union and the
officially designated representatives for the purpose of processing grievances or
contacting members of the Union concerning business within the scope of
representation. Access shall be restricted so as not to interfere with the normal
operations of the Town or established safety or security requirements.
2.4 Employees represented by the Union shall be free to participate in Union
activities without interference, intimidation, or discrimination, in accordance with
State law and Town Policies, rules, and regulations.
Section 3. MANAGEMENT RIGHTS
The rights of the Town include, but are not limited to, the exclusive right to
determine the mission of its constituent departments, commissions and boards;
set standards of service; determine the procedures and standards of selection
for employment and promotion; train and direct its employees: take disciplinary
action; relieve its employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of governmental operations;
determine the methods, means and personnel by which governmental
operations are to be conducted; determine the content of job classifications; take
all necessary actions to carry out its mission in emergencies; exercise complete
control and discretion over its organization and the technology of performing its
work; and to make rules and regulations for its employees consistent with this
Memorandum of Understanding.
The Town maintains the right to use qualified volunteers or reserves in the Town
service, provided such use does not adversely affect wages, hours, and other
terms and conditions of employment. Use of said individuals shall be in
accordance with State law and regulations.
Nothing contained within this Article is intended to, in any way, supersede or
infringe upon the rights of the recognized employee organization as provided
under State and Federal law, including, but not limited to, California State
Government Code Sections 3500 through 3510, inclusive.
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Section 4. NO DISCRIMINATION
4.1 Employment by the Town shall be based upon merit, qualifications and ability.
There will be no unlawful discrimination in hiring, promotion, advancement,
termination or any other personnel action based on an individual’s race, religion,
color, national origin, ancestry, physical or mental disability, medical condition,
marital status, veteran’s status, sexual orientation, age or sex. There shall be no
discrimination against any disabled individual solely based on such disability,
unless that disability prevents the individual from meeting the minimum standards
established for the employment position the applicant seeks.
4.2 No member, official, or representative of the Union shall, in any way, suffer any
type of discrimination in connection with continued employment, promotion, or
otherwise by virtue of membership in or representation of Union.
Section 5. SCOPE OF AGREEMENT
5.1 Term: This Agreement shall be in effect from July 241, 202118, through June 30,
20241.
5.2 Procedure for Meet and Confer: The Town, through its representatives, shall
meet and confer in good faith with representatives of the Union regarding matters
within the scope of representation. These matters include employee wages,
hours, and other terms and conditions of employment, in accordance with the
provisions of the Meyers-Milias-Brown Act.
The parties agree to provide notification of their intent to begin negotiations for a
successor Agreement no later than March 31, 20241. The parties may modify
this date by mutual agreement. Nothing in this section is intended to change,
modify, or restrict the parties’ legal rights or obligations.
Section 6. EMPLOYEE REPRESENTATIVES
6.1 The Union may by written notice to the Town Manager, designate a member of
the unit as an Employee Representative. The Employee Representative shall be
permitted reasonable time during regular work hours for Union activities. Total
employee time shall not exceed the equivalent of one hour per week, or a total of
fifty-two (52) hours during the fiscal year. The Employee Representative shall
secure permission from his/her Supervisor before leaving a work assignment for
pertinent Union responsibilities. Such permission shall not be unreasonably
withheld.
6.2 Employee Representatives may investigate and process formal grievances by
employees.
6.3 The Union may request that the Town meet and develop a format for
Management-Labor meetings and a Memorandum of Understanding orientation
meeting.
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Section 7. CAFETERIA BENEFITS PLAN
The Town agrees to pay the cost of group dental, life, long term disability,
medical and hospital insurance program coverage in amount equal to the Kaiser
2-party and the Delta Dental family rate in effect on January 1 of each year. If
the full sum specified is not used for the group insurance cost of a given
employee, then that amount, not to exceed $400 per month, shall be deposited
into the Town’s Deferred Compensation Plan in the employee’s name. Any part-
time employee shall receive a prorated amount of this monthly allowance based
on their full-time equivalence.
7.1 Medical/Hospital Insurance: The Town of Tiburon offers its employees and their
dependents medical/hospital insurance coverage. A full-time employee may
choose from the plans offered through the Public Employees Retirement System
Health Benefits Division for medical/hospital insurance coverage. If the full sum
specified is exceeded for group insurance cost of a given employee and
dependents, then that employee shall pay the balance of the monthly cost via
payroll deduction. Such insurance is mandatory for all full-time employees unless
they can demonstrate compliance with other coverage.
7.2 Dental Insurance: The Town of Tiburon offers its full-time employees and their
dependents the Delta Dental plan. Such insurance is mandatory for all full-time
employees and their dependents, unless they can demonstrate compliance with
other coverage.
7.3 Life Insurance: The Town of Tiburon offers its full-time employees a $15,000 life
insurance policy. Such insurance is mandatory for all full-time employees.
7.4 Disability Insurance: The Town of Tiburon offers its full-time employees long term
disability insurance. Such insurance is optional. The current maximum monthly
benefit is $4,000. The Town is agreeable to meet with members of the
bargaining unit to determine if they would like to increase this maximum monthly
benefit. Any premium increase would be borne by the employee through the
cafeteria benefit plan.
7.5 Vision Care Insurance: The Town is willing to explore and provide a vision care
insurance program in which participation is strictly voluntary for any employee. If
the Town is unable to find an insurance provider that will insure based on the
plan being voluntary, then such insurance shall not be made available to
employees of the Town.
7.6 IRS 125 Plan: The Town of Tiburon offers its employees the ability to participate
in its IRS 125 Plan. Participation is optional.
7.7 FMLA & ADA:
FMLA
FMLA shall be administered pursuant to applicable federal and state law.
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ADA
ADA shall be administered pursuant to applicable federal and state law.
7.8 Change in Employee Benefits PIansPlans: From time to time, at its option, the
Town intends to evaluate the hospital-medical, dental, life, and long-term
disability insurance plans currently available to employees to determine if similar
or better coverage may be available at a lower cost to the Town. The Town may
substitute new insurance carriers or arrange for self-insurance provided that the
overall coverage is equal to or superior to the present coverage and provided
that the Town meets with the Union to confer on any new plan before it is
implemented.
Section 8. RETIREMENT PROGRAM
8.1 Scope of Benefits:
“Classic” Members
For employees hired prior to July 1, 2013, the Town of Tiburon provides the two
percent (2%) @ Age 55 CalPERS retirement formula for full-time personnel
covered under this Memorandum of Understanding.
Effective July 1, 2011, each member covered under the 2% @ 55 coverage
group shall pay their 7% normal member contribution. This employee
contribution will be made pursuant to Internal Revenue Code (IRC) 414(h)(2),
which allows the contribution to be made on a pre-tax basis.
Effective July 1, 2015 each employee covered under the 2% @ 55 coverage
group shall pay 1% of the Employer’s Share of retirement contributions. This
employee contribution will be made pursuant to Internal Revenue Code (IRC)
414(h)(2), which allows the contribution to be made on a pre-tax basis.
The Town provides the single highest year retirement calculation for full-time
employees hired prior to July 1, 2013.
The Town provides the following additional CalPERS benefit to employees
covered under this Memorandum of Understanding.
1. Death Benefits - $600
2. Unused Sick Leave Service Credit
3. 1959 4th Level Survivors Benefits
“New” Members
Employees classified as “new” under PEPRA will be covered by the CalPERS
2% at 62 plan. Employees shall pay at least fifty percent (50%) of the normal
Cost of their Plan as calculated annually by CalPERS
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The Town provides the following additional CalPERS benefit to employees
covered under this Memorandum of Understanding.
1. Death Benefits - $600
2. Unused Sick Leave Service Credit
3. 1959 4th Level Survivors Benefits
8.2 Paid Medical at Retirement: For employees hired prior to July 1, 2011, the Town
of Tiburon will make contributions toward a retired employee's medical insurance
plan based on the following conditions:
1. The employee must retire directly from employment from the Town of Tiburon
and apply to CalPERS for retirement benefits.
2. The retiree's medical allowance is fixed and capped at the Kaiser employee
only rate which is in effect at the time of the employee's retirement.
3. The Town's contribution rate is based on the following formula:
a. Fifty percent (50%) of the Kaiser employee rate at ten (15) years of
consecutive service.
b. Seventy five percent (75%) of the Kaiser employee rate at fifteen (20)
years of consecutive service.
c. One hundred percent (100%) of the Kaiser employee rate at twenty-five
(25) years of service.
Employees hired after July 1, 2011 shall not be eligible for this benefit.
8.3 Retirement Health Savings (RHS) Program: Beginning January 1, 2022,
or at the first pay period following implementation of a Retirement Health
Savings (RHS) program, the Town of Tiburon agrees to contribute $100 per
month per employee toward a Town-sponsored RHS program, subject to the
terms of the RHS program. Employees who receive the deferred compensation
credit of any dollar amount for unused cafeteria benefits under Section 7.1 or
Paid Medical at Retirement under Section 8.2 shall not receive the Town-paid
$100 RHS contribution. Eligible part-time employees shall receive a prorated
amount of this monthly allowance based on their full-time equivalence.
Section 9. HOLIDAYS
In accordance with Government Code and the Town Personnel Rules and
Regulations, the following holidays shall be observed by the Town:
HOLIDAY DATE OBSERVED
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Independence Day July 4
Labor Day 1st Monday in September
Veteran’s Day November 11
Thanksgiving 4th Thursday in November
Day After Thanksgiving 4th Friday of November
Christmas Eve December 24
Christmas December 25
New Year’s Eve December 31
New Year’s Day January 1
Martin Luther King Day 3rd Monday in January
President’s Day 3rd Monday in February
Memorial Day Last Monday of May
The parties agree to a reopener limited to discussion of Section 9 Holidays.
Reopener to begin by January 1, 2022 and end no later than April 1, 2022.
Section 10. SICK LEAVE
10.1 Use of Sick Leave: Sick leave may be taken in one-half hour increments for
absences from duty made necessary by:
1. Personal illness, caused by factors which are not within the employee’s
immediate control.
2. Injury not incurred in line of duty, except where traceable to employment other
than the Town.
3. Medical, dental or eye examination or treatment for which appointment cannot
be made outside of working hours.
4. Death of a close relative, or any member of the employee’s household, where
such leave is approved by the Department Head.
5. Hospitalization of a close relative, or any member of the employee’s
household, where such leave is approved by the Department Head.
6. Care of a close relative, or any member of the employee's household who is
ill or injured, though not hospitalized, where such leave is approved by the
Department Head.
10.2 Sick Leave Accumulation: Sick leave with pay shall be granted to all full-time
employees except as hereinafter provided. An employee shall accumulate one
(1) sick leave day per month from date of hire until terminated, or on leave
without pay. There is no cap on the amount of sick leave that may be
accumulated.
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Employees who are absent without pay for any reason more than ten (10)
working days during a calendar month, shall not accumulate sick leave for that
month.
10.3 Holidays During Sick Leave: Holidays and regular days off occurring while an
employee is on sick or special leave shall not be charged against such
employee's sick leave credits.
10.4 Payment for Unused Sick Leave: Employees of this Unit hired before July 1,
2011, may receive payment of 50% of the value of their unused sick leave up to
a maximum of 60 days if the following conditions are met:
1. The employee files for service retirement from the Town, and
2. The employee voluntarily separates from the Town and has at least fifteen
(15) years of service with the Town.
Effective July 1, 2011, 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 or 480 hours). This value will be
documented and the value capped. This value cannot grow through additional
accrued sick leave or though increases in hourly pay rate. 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 frozen 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, 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 the purpose of providing
examples of this section, attached to this MOU is Exhibit “A”.
Employees of this Unit hired after July 1, 2011 shall not be eligible for payment
of unused sick leave.
10.5 Termination of Sick Leave: Sick leave shall automatically terminate on the date of
retirement or on the date upon which an ordinary disability allowance under the
retirement system becomes effective.
10.6 Sick Leave Notification and Proof of Illness: In order to receive compensation
while on sick leave, the employee shall notify his/her immediate superior, prior to
or at the time set for beginning his/her daily duties or as may be specified by the
Department Head, of the reasons for requiring such. Failure to notify the
immediate supervisor may be grounds for denial of such leave with pay.
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10.7 Proof of Illness: In any request for sick leave with pay for three (3) or more
calendar days, the Department Head may require a statement in writing signed
by a licensed physician, or the submission of other sustaining evidence that the
employee is incapacitated and unable to perform his/her duties. The Town has
the right to determine by reasonable means the validity of any sick leave used by
any employee at the time.
Section 11. LEAVE WITH PAY
The following conditions provide for leave with pay:
11.1 Military Service: Military leave shall be granted in accordance with State and
Federal law.
11.2 Jury Duty: All employees occupying authorized regular positions shall be allowed
paid leave for jury duty upon presentation of jury notice to the Department Head
or Town Manager. The employee shall receive full pay for the time served on the
jury. Monies received from the courts by the employee for jury duty will be
deposited with the Town, with the exception of mileage reimbursement.
11.3 Vacation Leave: All regular employees occupying a position shown in the Annual
Salary Program shall become eligible for vacation leave with pay as shown in
Section 12 below.
11.311.4 Paid Emergency Leave: In the event that an emergency is declared that
impacts Town facilities or operations and results in the closure of any employee’s
regular work site, employees regularly assigned to work in a closed work site
may be required to report to a worksite other than their regular work site to assist
in emergency duties or to a non-impacted work site for regular duties at the
discretion of the Town. If employees are not assigned to a non-impacted work
site or assigned to assist in emergency duties, they shall be granted leave up to
10 days in any calendar year and compensated for their regularly scheduled
work day with no adverse effect to the employee. This provision applies to
Federal, State, County, or Town declared emergencies or to other non-declared
circumstances that result in the closure of Town facilities.
Section 12. UNION UNPAID LEAVE
12.1 Union Unpaid Leave: There will be an annual pool of 24 unpaid hours for Union
Training. This pool can be requested using the same method as vacation. No
more than one employee can utilize this leave at one time. The employee will not
suffer any change in benefits during the use of Union Leave.
Section 13. VACATION
13.1 Vacation Leave Accrual: Vacation leave with pay shall be credited to all
employees at the following rates:
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1. First five years service - 1 day per month, or 12 working days per year.
2. Second five years service - 1-1/2 days per month, or 18 working days per
year.
3. Third five years service - 1-2/3 days per month or 20 working days per year.
4. 20 years service or more - 1-3/4 days per month or 21 days per year
The yearly vacation leave shall be pro-rated and credited to each employee's
account monthly.
13.2 Payment for Unused Vacation Time: When an employee terminates, fractional
periods of vacation shall be calculated and credited to the employee's account.
Compensation will be at the employee's daily rate of pay.
13.3 Vacation Leave Accumulation: Vacation leave for employees with less than five
(5) years service may accumulate up to twenty (20) days and employees with
more than five (5) years service may accumulate up to thirty (30) days.
Employees who are on leave or suspension without pay for more than ten (10)
working days in any calendar month shall not accumulate vacation leave for that
month.
13.4 Sickness During Vacation Leave: Sickness occurring during vacation leave, upon
doctor's certification, will be considered sick leave and will not be charged
against the employee’s vacation leave.
13.5 Vacation Leave Scheduling: Requests for vacation leave shall be submitted in
advance by the employee in writing to the Department Head, who shall approve
the time employees may take their vacation.
13.6 Employees represented by the Union may use either vacation leave or leave
without pay for the purpose of attending Union training. Adequate notice of such
leave must be provided to the employee’s supervisor.
Section 14. HOLIDAY CLOSURE PROGRAM
Each year, by August 1st, the Town Manager or his/her designee shall notify the
Union as to whether employees of the Town shall be allowed to participate in a
Holiday Closure Program between the Christmas Eve and New Year’s Day
holiday observances. The exact terms of the Holiday Closure Program will also
be disclosed at that time. The Union will notify the Town Manager by October
10th of its desire to participate in any potential program.
Section 15. SCHEDULE
15.1 At the time of hire, each employee will be assigned a regular work schedule
consisting of no more than 80 hours of work time in each fourteen-day period.
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15.2 Employees hired before 7/1/2021 will have a regular work schedule that does not
include Saturday or Sunday in their work week. Employees hired before 7/1/2021
may be available to work outside of their normally scheduled hours and
compensated per MOU Section 17 Overtime.
15.3 Employees hired on or after 7/1/2021 will have a regular work week based on
seven consecutive calendar days. Employees hired on or after 7/1/2021 may
have a regular work schedule that includes Saturday or Sunday in their work
week.
15.4 All employees will have a work schedule that includes at least 2 consecutive
days off unless mutually agreed upon.
15.5 Normal work schedules (“10/80”) consist of ten 8-hour days, totaling eighty (80)
hours per fourteen-day period.
15.6 Based on the needs of the Town, an employee may be assigned a “9/80”
alternative work schedule consisting of eight 9-hour days, one 8-hour day per
fourteen-day pay period, and one additional day off.
15.7 Employees will be entitled to at least two 15-minute paid rest periods and one 45-
minute unpaid lunch period during each work day.
Section 15.Section 16. SALARY
Effective July 241, 202118: All bargaining unit members will receive a one-time,
non-pensionable, lump sum bonus in the amount of $500 the first pay period
after ratification and approval by the Town Council. Additionally, effective July 1,
2021, Bbase wages for represented unit members covered by this Agreement
shall be increased by 32.0% as follows:
POSITION Step A Step B Step C Step D Step E
Maintenance Worker 5,046 5,298 5,563 5,841 6,133
Senior Maintenance Worker 5,795 6,085 6,389 6,709 7,044
POSITION Step A Step B Step C Step D Step E
Maintenance Worker 4,663 4,896 5,141 5,398 5,668
Senior Maintenance Worker 5,355 5,623 5,904 6,200 6,510
Effective July 1, 202219: Base wages for represented unit members covered by
this Agreement shall be increased by an additional 32.0% as follows:
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POSITION Step A Step B Step C Step D Step E
Maintenance Worker 4,803 5,043 5,295 5,560 5,838
Senior Maintenance Worker 5,516 5,792 6,082 6,386 6,705
Effective July 1, 20202023: Base wages for represented unit members covered
by this agreement shall be increased by an additional 3.02.5% as follows:
POSITION Step A Step B Step C Step D Step E
Maintenance Worker 4,947 5,194 5,454 5,727 6,013
Senior Maintenance Worker 5,682 5,966 6,264 6,577 6,906
15.116.1 Advancement of Salary: The following criteria shall apply to advancement
within salary ranges of individual employees who are on a step plan:
1. Step A shall be the minimum hiring rate.
2. Step B: Employees shall be eligible for advancement to Step B, or the next
highest step upon completion of twelve (12) months employment.
3. Additional Steps: Employees shall be eligible for advancement to the next
step upon completion of one (1) year at the previous step. The Department
Head is responsible for determining that there has been satisfactory growth in
the service value of the employee, and final approval is determined by the
Town Manager.
The Town Manager may increase an employee's salary range on the basis of
merit within the range set forth. The Town Manager may also designate the
salary rate or step at which an employee is appointed.
15.216.2 Salary Upon Promotion:
When an employee is promoted to a position in a classification with a higher
salary range, he/she shall be placed at the next highest paid step in the salary
range for the position in the higher classification.
POSITION Step A Step B Step C Step D Step E
Maintenance Worker 5,147 5,404 5,674 5,958 6,256
Senior Maintenance Worker 5,911 6,207 6,517 6,843 7,185
POSITION Step A Step B Step C Step D Step E
Maintenance Worker 5,275 5,539 5,816 6,107 6,412
Senior Maintenance Worker 6,059 6,362 6,680 7,014 7,365
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Section 16.Section 17. OVERTIME
16.117.1 Definition: Authorized time worked in excess of forty (40) hours in one (1)
week as defined by the Town and consistent with FLSA shall constitute overtime.
Time paid for but not worked such as paid sick leave and paid holidays shall be
included in the computation of said forty (40) hour workweek.
16.217.2 Policy: It is the policy of the Town to keep overtime at a minimum
consistent with the efficient operation of the Town. Overtime must be authorized
in advance by the Department Head and must be in compliance with the
overtime policy as set forth in the Town's Personnel Rules and Regulations.
16.317.3 Overtime Pay: Overtime shall be paid at the rate of pay of time and one-
half (1-1/2) the base hourly salary.
16.417.4 Compensatory Time: Each employee may elect to convert ten (10)
overtime hours per year to compensating time off. The maximum compensation
time hours credited to the employee shall not exceed thirty-five (35) hours at any
time. The use of these hours shall be by mutual agreement of the employee and
the Employer.
16.517.5 Call-back Pay: Any employee called back to work at a time other than the
employee’s regular work shift or called back to work for emergency purposes
shall be guaranteed 2 hours pay at the rate of time and one-half, or may opt to
take equivalent compensatory time off. Under this subsection, this minimum time
payment does not apply to work that is contiguous to regularly scheduled work.
16.617.6 Stand-by Pay: The following guidelines will be applicable to the winter on-
call status of employees:
1. Winter “on-call” assignments may be required between the dates of October
1st and March 31st of each year.
2. There may be up to two employees on “on-call” status during the winter
months.
3. On call assignments shall be on a rotating basis for a period of one-month.
The Director of Public Works or his/her designee shall make every attempt to
have the “on call” schedule posted no later than September 15th of each year.
4. “On call” rotations may be by sign up or assigned, at the discretion of the
Public Works Director or his/her designee.
5. While an employee is on “on call” status, he/she shall be required to be
available by telephone or cell phone 24/7 and able to respond to the Public
Works building within one hour if directed.
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6. Employees shall not be impaired from being able to respond to work while
being “on call” status.
7. Employees shall be compensated at the rate of $300 380 per month during
the period assigned to “on call” status. This payment shall be made at the
completion of the period of “on call” status. Should the employee fail to
complete the entire period the pay shall be prorated for the period completed.
8. If an employee is called into work outside of normal work hours, they shall be
compensated at their overtime rate, either in pay or in compensatory time off.
Employees called into work shall be compensated a minimum of two hours
overtime.
9. Employees not completing their “on call” assignment for reasons other than
illness, injury, or approved leave could be subject to progressive discipline.
Section 17.Section 18. TUITION REIMBURSEMENT PROGRAM
17.118.1 Each full-time employee represented by this Memorandum of
Understanding, a tuition reimbursement program shall be offered. The Town will
reimburse costs up to $1,200 annually per calendar year for the equivalent to
the cost of tuition, books and fees at California State University rates. To qualify
for reimbursement, employees must submit certified transcripts with evidence of
a grade of “C” or better from an accredited college or university and submit bona
fide receipts. Employees are not eligible for reimbursement of tuition for
coursework that commenced while on probationary status or prior to employment
with the Town.
Section 18.Section 19. NOTICE TO EMPLOYEES
18.119.1 Employees shall receive ten (10) working days notice whenever the Town
makes a change in the work schedules.
Section 19.Section 20. UNIFORMS FURNISHED AND MAINTAINED
19.120.1 The Town will supply and launder an adequate supply of uniforms for
those employees required to wear them.
19.220.2 The Town will supply adequate rainwear and rain boots for those
employees required to wear them in the line of duty.
19.320.3 The Town will pay up to Two hundred Dollars ($200.00) per fiscal year for
work boots for those employees required to wear them in the line of duty.
Replacement shall be on an as-needed basis, as determined by the Town, but
replacement shall not be unreasonably withheld.
19.420.4 The Town will reimburse maintenance workers for the cost of safety
lenses to their prescription glasses.
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19.520.5 The Town requires that uniformed (Public Works) employees wear Town
provided uniforms, including pants, shirts, hats, belts and shoes or boots.
Section 20.Section 21. HEALTH AND SAFETY
20.121.1 Safety equipment is supplied by the Town to its personnel. All employees
shall possess and have immediately available for their use those items of safety
equipment, issued and which are described by Town Regulations. Furthermore,
the Town agrees to provide and maintain a safe and healthy work environment.
Section 21.Section 22. SENIORITY
21.122.1 Department Seniority:
1. Employees shall be placed on the Town seniority list in accordance with their
most recent date of hire.
2. When two (2) or more employees are assigned to the payroll on the same
date, seniority shall be given in accordance with their relative standing on the
respective eligibility list.
21.222.2 Classification of Seniority:
1. Employees shall be placed on a classification seniority list in accordance with
their most recent date of appointment to the specific classification.
2. When two (2) or more employees are appointed or promoted to the same
classification on the same date, seniority shall be based upon their relative
standing on the respective eligibility list.
Section 22.Section 23. LAYOFF AND RE-EMPLOYMENT
22.123.1 Notice of Layoff: The Town Manager shall give at least three (3) weeks'
advanced written notice to employees to be laid off. Such notice shall also be
furnished to the Union.
22.223.2 Order of Layoff: Layoffs shall be determined by job classification in
reverse order of seniority, as determined by the length of continuous service with
the Town in full-time, non-probationary status. Layoffs and leaves of absence
without pay shall be bridged in computing the employee's length of continuous
service.
22.323.3 Bumping Rights: An employee who has achieved full-time, non-
probationary status at the time of layoff may displace the least senior employee
in the lower classification, provided that the employee to be laid off has greater
seniority than the least senior employee in the lower classification and further
provided that the employee to be laid off had previously held permanent status in
that lower classification.
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22.423.4 Re-employment: An employee who has achieved full-time, non-
probationary status at the time of layoff shall have his/her name placed on a re-
employment list, which shall be maintained for a minimum of twenty-four (24)
months from the time of layoff. Former employees on the re-employment list shall
be called first by seniority to fill openings in the classification from which the
employees were laid off before other candidates are hired to fill those openings.
Employees bumped as a result of a layoff shall be allowed to return to openings
in the position from which they were bumped by seniority at the salary for the
position to which the employee returns. Employees restored to previously held
positions shall be deemed to have returned from a leave of absence for the
purpose of all rights and benefits legally permissible.
Section 23.Section 24. DISCIPLINARY ACTION/SEPARATION FROM THE
SERVICE
23.124.1 For purposes of these Rules, the following positions are considered
“department heads”: Director of Administrative Services, Director of Community
Development, Director of Public Works/Town Engineer, and the Chief of Police.
23.224.2 Types of Disciplinary Actions. The following are types of actions that may
be utilized by the department heads in disciplining employees.
1. Oral Reprimand: A formal discussion with an employee about performance or
conduct problems. This action preferably is summarized in a memo to the
employee outlining the nature of the discussion. An oral reprimand is not
subject to the appeal process described below.
2. Written Reprimand: A written document presented to an employee regarding
performance or conduct problems. A copy must be provided to the employee
with a copy being placed in the employee’s personnel file. A written reprimand
is not subject to the appeal process described below.
3. Disciplinary Suspension: An involuntary absence without pay for a fixed
period of time.
4. Reduction in Pay: The temporary or permanent reduction in pay of an
employee. The department head may, within the minimum and maximum of
the salary range for the position, decrease the salary level of an employee
whose ability to perform the required duties of his or her position falls below
standard, as determined by the department head, or for disciplinary purposes.
5. Demotion: Demotion to a lower classification. The department head may
demote an employee whose ability to perform required duties of his or her
position falls below standard, as determined by the department head, or for
disciplinary purposes. No employee shall be demoted to a position for which
he or she does not possess the minimum qualifications.
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6. Termination: Discharge from the Town service. An employee in the
competitive service may be discharged for cause at any time by the
department head.
Pending investigation of and imposition of a disciplinary matter, the department
head may place an employee on paid administrative leave.
The Town is not required to take disciplinary actions in sequential or progressive
order. The level of the disciplinary action taken shall be commensurate with the
offense, provided that the prior employment and disciplinary history of the
employee may also be considered pertinent.
23.324.3 Causes for Discipline. Disciplinary action may be taken for causes listed in
Section 19572 of the Government Code or for any of the following:
1. Unauthorized absence;
2. Being under a controlled substance while on duty;
3. Neglect of duty;
4. Negligence or willful damage to public property or waste of public supplies or
equipment;
5. Violation of any lawful regulation or order made and given by a line
supervisor;
6. Willful violation of the provisions of the Ordinance of the Town, these rules, or
other promulgated by the Town Manager as Administrative Orders;
23.424.4 Notice of Intent. The following procedure shall be adhered to for non-
emergency suspensions, demotions, reductions in pay, and terminations:
1. The department head shall issue to the affected employee a written Notice of
Intent of the proposed disciplinary action. The notice shall be delivered to the
affected employee personally or sent to the employee by either overnight mail
and/or certified or registered mail, return receipt requested, at the employee’s
last known address.
2. The Notice of Intent will include the following:
a. A statement that clearly defines the intent to take action, the proposed
action to be taken, and the proposed effective beginning and ending time
of intended action;
b. A statement of the specific grounds and particular facts upon which the
proposed disciplinary action will be taken;
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c. A copy of all written materials, reports, or documents upon which the
intended action is based;
d. A statement that the employee will be afforded the right to respond to the
Notice of Intent, either verbally or in writing, or both, within ten (10)
working days upon receipt of the intended disciplinary action; and
e. The employee’s signature on the Notice of Intent will acknowledge receipt
of said notice by the employee. If the employee refuses to sign, it will be
noted as such on the Notice of Intent. The signature documentation on
the Notice of Intent will acknowledge that the employee received the
Notice of Intent.
3. Employee Response to Notice of Intent. Within ten (10) working days after
the employee has been served with the Notice of Intent, the employee will
have the right to respond, verbally or in writing, or both, to the department
head concerning the proposed disciplinary action. If, within the ten (10) day
response period, the employee does not provide a written or verbal response,
the proposed action of the Town will take effect as set forth in the Notice of
Intent.
4. Notice of Final Discipline. After considering the employee’s timely response,
the department head shall issue and deliver to the employee a Notice of Final
Discipline, which shall be a written statement of the decision to uphold,
modify, or reject the proposed Disciplinary Action. Such action may not
include discipline more severe than that described in the Notice of Intent.
23.524.5 Appeal of Disciplinary Action.
1. Disciplinary Actions Subject to Appeal. A regular employee may, within ten
(10) calendar days after the effective date of a suspension, demotion,
reduction in pay, or termination, file a written appeal with the Director of
Administrative Services.
2. Failure to Request Disciplinary Appeal Hearing. If the employee fails to
request a disciplinary appeal hearing within the prescribed time and manner,
the employee shall have waived the right to a hearing and all rights to further
appeal of the disciplinary action.
3. Hearing Officer.
For any appeal of discipline, the Town and employee or Union shall obtain a
strike list of seven names from the Public Employee Relations Board (PERB).
The Town and the employee/ Union shall then mutually select the Hearing
Officer by striking names from the list in alternating turns. Fees for the hearing
officer will be borne by the Town unless the employee is represented by a Union
in the appeal, in which case the costs will be split evenly between the Town and
the Union.
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After the Town has issued the Final Notice of Discipline, any delay by the
employee or Union in selecting a hearing officer or setting a hearing date, in
excess of thirty (30) days, shall result in the employee forfeiting his or her right to
an appeal, and the discipline shall become final.
4. Representation at Disciplinary Appeal Hearing. At the disciplinary appeal
hearing, the employee may be represented by counsel or other
representative. The employee may not be represented by a person who will
be called as a witness.
5. Production of Witnesses and Documents. The Hearing Officer shall have the
authority to compel the attendance of witnesses, and to require the production
of documents. The Hearing Officer shall also have the authority to require the
identification of witnesses, documents, and other evidence in advance of the
disciplinary appeal hearing.
6. Conduct of Disciplinary Appeal Hearing. The proceedings before the Hearing
Officer shall be conducted as follows:
a. The Town shall have the burden of proof, and the burden shall be by the
preponderance of the evidence.
b. The hearing need not be conducted in accordance with the technical rules
relating to evidence and witnesses, but shall be conducted in a manner
most conducive to the determination of the truth. Any relevant evidence
may be admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rules which might make
improper admission of such evidence over objection in a court of law.
Decisions made by the Hearing Officer shall not be invalidated by any
informality in the proceedings.
c. The Hearing Officer shall determine the relevancy, weight, and credibility
of testimony and evidence.
d. Irrelevant evidence and unduly repetitious evidence shall be excluded.
e. The Hearing Officer shall have the authority to exclude any witnesses and
other persons not necessary to the proceedings.
f. The Hearing Officer shall not engage in ex parte communications with the
parties.
7. Hearing Officer’s Decision.
a. The Hearing Officer shall issue an advisory, written decision containing
findings of fact and conclusions of law. The Hearing Officer shall
recommend that the Town affirm, revoke, or reduce the disciplinary action
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imposed against the employee. The Hearing Officer may not recommend
discipline more stringent than that imposed by the department head. The
Hearing Officer shall not have the authority to render a binding decision
that requires the Town to expend additional funds, to hire additional
personnel, to buy additional equipment or supplies, or to pay wages or
benefits not specifically provided for in the Personnel Rules or any
resolutions, ordinances, or policies adopted by the Town. The Hearing
Officer shall not have the authority to require the Town to perform any
other action that would violate state or federal laws.
The Hearing Officer’s decision shall be advisory to the Town Manager.
The Town Manager shall, within 30 working days from after the date of
receipt of the Hearing Officer’s decision, issue a final written decision that
shall affirm, revoke, or revise the Hearing Officer’s recommendation. The
Town Manager’s decision constitutes a final resolution of any disciplinary
action and no further appeal shall be permitted within the Town’s
administrative process. A copy of the Town Manager’s decision shall be
provided to the charged employee, and may be placed in the employee’s
personnel file.
b. Extension of Time. Any time limits specified in this procedure may be
altered by mutual, written agreement.
Section 24.Section 25. GRIEVANCE PROCEDURES
24.125.1 Definition: A grievance shall be defined as any claimed violation,
misinterpretation, inequitable application or non-compliance with provisions of a
collective bargaining agreement, or resolutions, rules, regulations, or existing
practices affecting the status or working conditions of Town employees.
24.225.2 Right to File and Representation: A grievance may be filed by an
employee on the employee's own behalf, or jointly by any group of employees, or
by an employee organization.
An aggrieved employee may be represented by any person or organization of
the employee's choice at any stage of the proceedings. A representative of an
organization certified to represent a majority of employees in the representation
unit, in which the aggrieved employee is included, is entitled to be present at all
meetings, conferences and hearings.
The Town shall act as a central repository for all grievance records.
Any time limit may be extended only by mutual agreement of the parties in
writing.
24.325.3 Informal Grievance Procedure: Within five (5) working fourteen (14)
calendar days of the event precipitating the grievance, the grievant shall present
the grievance informally for the disposition by the employee’s immediate
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supervisor, or at any appropriate level of authority. Presentation of an informal
grievance shall be prerequisite to the instituting of a formal grievance.
24.425.4 Formal Grievance Procedure: If the grievant believes that the grievance
has not been redressed remedied through the informal grievance procedure
within fourteen (14) calendar within five (5) working days from the date the
grievant informally presented the event precipitatingon the grievance to his/her
immediate supervisor, he/she may initiate a formal grievance within seven (7)
calendar day five (5) working days thereafter. A formal grievance can only be
initiated by completing and filing a memorandum with the Department Head. The
memo shall contain:
1. Name(s) of grievant
2. Official Job Title(s) and Classification(s)
3. Department(s)
4. Home Mailing Address(es)
5. A clear statement of the nature of the grievance (citing applicable ordinances,
rules or regulations, or contract language)
6. The date upon which the event precipitating the grievance occurred
7. A proposed solution to the grievance
8. The date of execution of the grievance form
9. The signature of the grievant(s)
10. The name of the organization or individual, if any, followed by the signature of
the representative.
Step 1 – Within ten (10) workingfourteen (14) calendar days after a formal
grievance is filed, the Department Head shall investigate the grievance and
confer with the grievant in an attempt to resolve the grievance and make a
decision in writing.
Step 2 – (a) If the grievance is not resolved to the satisfaction of the grievant in
Step 1, he/shethe grievant may, within not more than five (5) workingfourteen
(14) calendar days from his/her the receipt of the Department Head’s decision,
request consideration of the grievance of the Town Manager by notifying the
Town Manager.
(b) Within fourteen (14) calendarten (10) working days after such notification, the
Town Manager shall investigate the grievance, confer with the employee
affected and their representatives to the extent the Town Manager deems
necessary, and render a decision in writing to the grievant. If the decision does
not resolve the grievance to the satisfaction of the grievant, the grievant may
proceed to Step 3.
Step 3 – If the grievance is not resolved in Step 1 or Step 2, a final appeal may
be filed, in writing, with the Town Council, not more than five (5) workingfourteen
(14) calendar days from the employee’s receipt of the Town Manager’s decision.
The Town Council shall, within thirty (30) days of receiving the grievance, hear
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and decide upon the grievance. The Town Council’s decision is final and binding
in all respects.
No employee shall, as a direct or proximate result of such grievance, suffer
dismissal from the service of the Town, transfer, demotion, reduction in salary,
or other disciplinary or retaliatory action.
The process for Disciplinary Action is governed by Section 23 (Disciplinary
Action/Separation from the Service) of this MOU. This Section 24 is used for
violations listed in Section 24.1 above.
Section 25.Section 26. POSITION RECLASSIFICATION PROCEDURE
The Town of Tiburon seeks to maintain a classification system and process
whereby all positions are accurately classified on the basis of current and
ongoing job responsibilities officially assigned to said position(s).
25.126.1 Reclassification Procedure: The Appointing Authority or their designee or
an incumbent of a position or the Union on behalf of an employee may request,
in writing, a classification review. This classification review may be requested if
the position has not been reviewing with the previous twelve (12) months and
either permanent and substantial changes have been made in the duties and
responsibilities assigned to the position or there is evidence that the majority
(50% or more) of the work being performed in not appropriate for the position’s
current classification.
1. All requests for reclassification must be submitted to the Personnel Officer in
writing.
2. Employee initiated reclassification request must first be directed to the
employee’s appointing authority. The appoint authority shall forward the
employee’s request to the Personnel Officer within ten (10) days of receipt.
3. The Personnel Officer shall ensure the review (audit) of the employee’s
position is completed within sixty (60) calendar days of receipt of the request
in his/her office.
4. Based upon the analysis and evaluation of a position, the Personnel Officer
may recommend that the position be sustained in its current class or be
reclassified (up or down) to the proper classification based upon the assigned
work. The Town Manager or his/her designee shall review all reclassification
recommendations made by the Personnel Officer.
5. Within ten (10) days of receipt of the written audit decision the affected
employee(s) may, in writing, submit a request for review of this decision to the
Town Manager. This request for review must show substantial error and/or
omission on the part of the Personnel Officer. The Town Manager may
render a decision on the appeal on the basis of the written material or may
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interview the involved parties to discuss the specific error omission prior to
rendering a decision.
6. The Town Manager shall have final decision-making authority on all
reclassifications.
7. Reclassifications shall become effective the first of the month following final
approval of the action. Any changes of pay as a result of the reallocation
shall be in accordance with the Town’s Personnel Rules and Regulations in
effect at the time.
Section 26.Section 27. PERSONNEL FILES
An employee or employee's representative, on presentation of written
authorization from the employee, shall have access to the employee's personnel
file. The Town shall furnish copies of all performance evaluation reports and
letters of reprimand or warning to the employee prior to placement of such
documents into the employee's personnel file. The employee shall be required to
acknowledge the receipt of any document entered into the employee's personnel
file without prejudice to subsequent arguments concerning the contents of such
documents.
Section 27.Section 28. FULL UNDERSTANDING MODIFICATION WAIVER
27.128.1 The parties jointly represent to the Town Council that this Memorandum
of Understanding sets forth the full and entire understanding of the parties
regarding the matters set forth herein.
27.228.2 Except as specifically otherwise provided herein, it is agreed and
understood that each party hereto voluntarily and unqualifiedly waives its rights
and agrees that the other shall not be required to meet and confer with respect to
any subject or matter covered herein, nor as to wages or fringe benefits during
the period of the term of this Memorandum. The foregoing shall not preclude the
parties hereto from meeting and conferring at any time during the period of this
Agreement with respect to any subject matter within the scope of the meeting
and conferring for a proposed Memorandum of Understanding between the
parties to be effective on or after November 2, 2005.
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SIGNATURE PAGE
SEIU, LOCAL 1021
Pete Velles, Town of Tiburon DATE
Steward Representative, SEIU 1021
Michael VanderbiltAdam Szuba, Town of
Tiburon
DATE
Steward Representative, SEIU 1021
Paul PfeilschiefterJoel Evans-Fudem,
Chief Negotiator
DATE
SEIU Local 1021
John Stead-Mendez, Executive Director
SEIU Local 1021
DATE
Jason Klumb, Area Director
SEIU Local 1021
DATE
TOWN OF TIBURON
Greg Chanis, Town Manager DATE
Town of Tiburon
Suzanne Creekmore, Management AnalystDirector of
Administrative Services
DATE
Town of Tiburon
APPROVED AS TO FORM:
Benjamin L. Stock DATE
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Town Attorney
Town of Tiburon
EXHIBIT 2
TABLE OF CONTENTS Page
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Section 1. RECOGNITION ............................................................................................ 1
Section 2. UNION REPRESENTED EMPLOYEE RIGHTS ........................................... 2
Section 3. MANAGEMENT RIGHTS ............................................................................. 2
Section 4. NO DISCRIMINATION ................................................................................. 3
Section 5. SCOPE OF AGREEMENT ........................................................................... 3
Section 6. EMPLOYEE REPRESENTATIVES .............................................................. 3
Section 7. CAFETERIA BENEFITS PLAN ................................................................... 4
Section 8. RETIREMENT PROGRAM .......................................................................... 5
Section 9. HOLIDAYS ................................................................................................... 6
Section 10. SICK LEAVE .............................................................................................. 7
Section 11. LEAVE WITH PAY ..................................................................................... 9
Section 12. UNION UNPAID LEAVE ............................................................................ 9
Section 13. VACATION ................................................................................................. 9
Section 14. HOLIDAY CLOSURE PROGRAM ........................................................... 10
Section 15. SCHEDULE .............................................................................................. 10
Section 16. SALARY ................................................................................................... 11
Section 17. OVERTIME ............................................................................................... 12
Section 18. TUITION REIMBURSEMENT PROGRAM ............................................... 14
Section 19. NOTICE TO EMPLOYEES ....................................................................... 14
Section 20. UNIFORMS FURNISHED AND MAINTAINED ........................................ 14
Section 21. HEALTH AND SAFETY ........................................................................... 14
Section 22. SENIORITY .............................................................................................. 14
Section 23. LAYOFF AND RE-EMPLOYMENT .......................................................... 15
Section 24. DISCIPLINARY ACTION/SEPARATION FROM THE SERVICE ............. 15
Section 25. GRIEVANCE PROCEDURES .................................................................. 20
Section 26. POSITION RECLASSIFICATION PROCEDURE .................................... 21
Section 27. PERSONNEL FILES ................................................................................ 22
Section 28. FULL UNDERSTANDING MODIFICATION WAIVER ............................. 22
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MEMORANDUM OF UNDERSTANDING
BETWEEN
TOWN OF TIBURON
and
SERVICE EMPLOYEES INTERNATIONAL UNION, SEIU 1021
PREAMBLE This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act, by and between the Town Manager of the TOWN OF TIBURON “the Town”
and the Service Employees International Union, SEIU 1021 “the Union” on the 5th day
of August, 2021. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of the represented employees of the Town of
Tiburon and have exchanged freely information, opinions, and proposals and have
endeavored to reach agreement on all matters relating to the employment conditions and Employer-employee relations of such employees. The Memorandum of Understanding shall be presented to the Town Council as the
joint recommendations of the undersigned for salaries, fringe benefits and working
conditions of all represented employees of the Town of Tiburon. This Memorandum of Understanding and following agreements shall not become effective until approved by the Tiburon Town Council and SEIU 1021.
Section 1. RECOGNITION
1.1 Union Representation: The employment classifications represented by the Union include: Maintenance Worker and Senior Maintenance Worker.
1.2 Dues Deduction: The Town shall, in a single payroll deduction made bi-monthly,
deduct the amount of Union Dues or fees as specified by the Union and authorized by each affected employee in accordance with rules and regulations to implement the Employer-Employee Relations Resolution. Said deductions are to be made without fee charged to the Union. The Union agrees to hold the Town
harmless from any liability arising from such deduction.
1.3 COPE Deduction: The Town agrees to the establishment of a payroll deduction program for voluntary unit member contributions to the Committee on Political Education (C.O.P.E.).
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Section 2. UNION REPRESENTED EMPLOYEE RIGHTS
2.1 The Union's right to represent its members before the Town Council or advisory boards or commissions or the Town Manager or his/her designee with regard to
wages, hours, and working conditions or other matters within the scope of
representation.
2.2 The right to be given reasonable written notice of any proposed ordinance, rule, resolution, or regulation, or amendment hereto, relating to matters within the scope of representation.
2.3 Reasonable access to employee work locations for officers of the Union and the
officially designated representatives for the purpose of processing grievances or contacting members of the Union concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the Town or established safety or security requirements.
2.4 Employees represented by the Union shall be free to participate in Union
activities without interference, intimidation, or discrimination, in accordance with State law and Town Policies, rules, and regulations.
Section 3. MANAGEMENT RIGHTS
The rights of the Town include, but are not limited to, the exclusive right to
determine the mission of its constituent departments, commissions and boards;
set standards of service; determine the procedures and standards of selection for employment and promotion; train and direct its employees: take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations;
determine the methods, means and personnel by which governmental
operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work; and to make rules and regulations for its employees consistent with this
Memorandum of Understanding.
The Town maintains the right to use qualified volunteers or reserves in the Town service, provided such use does not adversely affect wages, hours, and other terms and conditions of employment. Use of said individuals shall be in accordance with State law and regulations.
Nothing contained within this Article is intended to, in any way, supersede or
infringe upon the rights of the recognized employee organization as provided under State and Federal law, including, but not limited to, California State Government Code Sections 3500 through 3510, inclusive.
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Section 4. NO DISCRIMINATION
4.1 Employment by the Town shall be based upon merit, qualifications and ability. There will be no unlawful discrimination in hiring, promotion, advancement,
termination or any other personnel action based on an individual’s race, religion,
color, national origin, ancestry, physical or mental disability, medical condition, marital status, veteran’s status, sexual orientation, age or sex. There shall be no discrimination against any disabled individual solely based on such disability, unless that disability prevents the individual from meeting the minimum standards
established for the employment position the applicant seeks.
4.2 No member, official, or representative of the Union shall, in any way, suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Union.
Section 5. SCOPE OF AGREEMENT
5.1 Term: This Agreement shall be in effect from July 1, 2021, through June 30,
2024.
5.2 Procedure for Meet and Confer: The Town, through its representatives, shall meet and confer in good faith with representatives of the Union regarding matters within the scope of representation. These matters include employee wages,
hours, and other terms and conditions of employment, in accordance with the provisions of the Meyers-Milias-Brown Act.
The parties agree to provide notification of their intent to begin negotiations for a successor Agreement no later than March 31, 2024. The parties may modify this date by mutual agreement. Nothing in this section is intended to change,
modify, or restrict the parties’ legal rights or obligations.
Section 6. EMPLOYEE REPRESENTATIVES
6.1 The Union may by written notice to the Town Manager, designate a member of the unit as an Employee Representative. The Employee Representative shall be permitted reasonable time during regular work hours for Union activities. Total
employee time shall not exceed the equivalent of one hour per week, or a total of fifty-two (52) hours during the fiscal year. The Employee Representative shall secure permission from his/her Supervisor before leaving a work assignment for pertinent Union responsibilities. Such permission shall not be unreasonably withheld.
6.2 Employee Representatives may investigate and process formal grievances by employees.
6.3 The Union may request that the Town meet and develop a format for Management-Labor meetings and a Memorandum of Understanding orientation meeting.
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Section 7. CAFETERIA BENEFITS PLAN
The Town agrees to pay the cost of group dental, life, long term disability, medical and hospital insurance program coverage in amount equal to the Kaiser
2-party and the Delta Dental family rate in effect on January 1 of each year. If
the full sum specified is not used for the group insurance cost of a given employee, then that amount, not to exceed $400 per month, shall be deposited into the Town’s Deferred Compensation Plan in the employee’s name. Any part-time employee shall receive a prorated amount of this monthly allowance based
on their full-time equivalence.
7.1 Medical/Hospital Insurance: The Town of Tiburon offers its employees and their dependents medical/hospital insurance coverage. A full-time employee may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for medical/hospital insurance coverage. If the full sum
specified is exceeded for group insurance cost of a given employee and
dependents, then that employee shall pay the balance of the monthly cost via payroll deduction. Such insurance is mandatory for all full-time employees unless they can demonstrate compliance with other coverage.
7.2 Dental Insurance: The Town of Tiburon offers its full-time employees and their
dependents the Delta Dental plan. Such insurance is mandatory for all full-time employees and their dependents, unless they can demonstrate compliance with other coverage.
7.3 Life Insurance: The Town of Tiburon offers its full-time employees a $15,000 life insurance policy. Such insurance is mandatory for all full-time employees.
7.4 Disability Insurance: The Town of Tiburon offers its full-time employees long term
disability insurance. Such insurance is optional. The current maximum monthly benefit is $4,000. The Town is agreeable to meet with members of the bargaining unit to determine if they would like to increase this maximum monthly benefit. Any premium increase would be borne by the employee through the
cafeteria benefit plan.
7.5 Vision Care Insurance: The Town is willing to explore and provide a vision care insurance program in which participation is strictly voluntary for any employee. If the Town is unable to find an insurance provider that will insure based on the plan being voluntary, then such insurance shall not be made available to
employees of the Town.
7.6 IRS 125 Plan: The Town of Tiburon offers its employees the ability to participate in its IRS 125 Plan. Participation is optional.
7.7 FMLA & ADA:
FMLA
FMLA shall be administered pursuant to applicable federal and state law.
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ADA ADA shall be administered pursuant to applicable federal and state law.
7.8 Change in Employee Benefits Plans: From time to time, at its option, the Town intends to evaluate the hospital-medical, dental, life, and long-term disability insurance plans currently available to employees to determine if similar or better coverage may be available at a lower cost to the Town. The Town may substitute new insurance carriers or arrange for self-insurance provided that the overall
coverage is equal to or superior to the present coverage and provided that the Town meets with the Union to confer on any new plan before it is implemented.
Section 8. RETIREMENT PROGRAM
8.1 Scope of Benefits:
“Classic” Members
For employees hired prior to July 1, 2013, the Town of Tiburon provides the two percent (2%) @ Age 55 CalPERS retirement formula for full-time personnel covered under this Memorandum of Understanding.
Effective July 1, 2011, each member covered under the 2% @ 55 coverage
group shall pay their 7% normal member contribution. This employee contribution will be made pursuant to Internal Revenue Code (IRC) 414(h)(2), which allows the contribution to be made on a pre-tax basis.
Effective July 1, 2015 each employee covered under the 2% @ 55 coverage group shall pay 1% of the Employer’s Share of retirement contributions. This
employee contribution will be made pursuant to Internal Revenue Code (IRC) 414(h)(2), which allows the contribution to be made on a pre-tax basis.
The Town provides the single highest year retirement calculation for full-time employees hired prior to July 1, 2013.
The Town provides the following additional CalPERS benefit to employees
covered under this Memorandum of Understanding.
1. Death Benefits - $600 2. Unused Sick Leave Service Credit 3. 1959 4th Level Survivors Benefits
“New” Members
Employees classified as “new” under PEPRA will be covered by the CalPERS 2% at 62 plan. Employees shall pay at least fifty percent (50%) of the normal Cost of their Plan as calculated annually by CalPERS
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The Town provides the following additional CalPERS benefit to employees covered under this Memorandum of Understanding.
1. Death Benefits - $600
2. Unused Sick Leave Service Credit
3. 1959 4th Level Survivors Benefits
8.2 Paid Medical at Retirement: For employees hired prior to July 1, 2011, the Town of Tiburon will make contributions toward a retired employee's medical insurance plan based on the following conditions:
1. The employee must retire directly from employment from the Town of Tiburon and apply to CalPERS for retirement benefits.
2. The retiree's medical allowance is fixed and capped at the Kaiser employee only rate which is in effect at the time of the employee's retirement.
3. The Town's contribution rate is based on the following formula:
a. Fifty percent (50%) of the Kaiser employee rate at ten (15) years of consecutive service.
b. Seventy five percent (75%) of the Kaiser employee rate at fifteen (20) years of consecutive service.
c. One hundred percent (100%) of the Kaiser employee rate at twenty-five
(25) years of service.
Employees hired after July 1, 2011 shall not be eligible for this benefit.
8.3 Retirement Health Savings (RHS) Program: Beginning January 1, 2022, or at the first pay period following implementation of a Retirement Health Savings (RHS) program, the Town of Tiburon agrees to contribute $100 per month per
employee toward a Town-sponsored RHS program, subject to the terms of the RHS program. Employees who receive the deferred compensation credit of any dollar amount for unused cafeteria benefits under Section 7.1 or Paid Medical at Retirement under Section 8.2 shall not receive the Town-paid $100 RHS contribution. Eligible part-time employees shall receive a prorated amount of this
monthly allowance based on their full-time equivalence.
Section 9. HOLIDAYS
In accordance with Government Code and the Town Personnel Rules and Regulations, the following holidays shall be observed by the Town:
HOLIDAY DATE OBSERVED
Independence Day July 4
Labor Day 1st Monday in September
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Veteran’s Day November 11 Thanksgiving 4th Thursday in November Day After Thanksgiving 4th Friday of November
Christmas Eve December 24 Christmas December 25 New Year’s Eve December 31 New Year’s Day January 1 Martin Luther King Day 3rd Monday in January
President’s Day 3rd Monday in February Memorial Day Last Monday of May The parties agree to a reopener limited to discussion of Section 9 Holidays. Reopener to begin by January 1, 2022 and end no later than April 1, 2022.
Section 10. SICK LEAVE
10.1 Use of Sick Leave: Sick leave may be taken in one-half hour increments for absences from duty made necessary by:
1. Personal illness, caused by factors which are not within the employee’s
immediate control.
2. Injury not incurred in line of duty, except where traceable to employment other than the Town.
3. Medical, dental or eye examination or treatment for which appointment cannot be made outside of working hours.
4. Death of a close relative, or any member of the employee’s household, where
such leave is approved by the Department Head.
5. Hospitalization of a close relative, or any member of the employee’s household, where such leave is approved by the Department Head.
6. Care of a close relative, or any member of the employee's household who is
ill or injured, though not hospitalized, where such leave is approved by the
Department Head.
10.2 Sick Leave Accumulation: Sick leave with pay shall be granted to all full-time employees except as hereinafter provided. An employee shall accumulate one (1) sick leave day per month from date of hire until terminated, or on leave
without pay. There is no cap on the amount of sick leave that may be
accumulated.
Employees who are absent without pay for any reason more than ten (10) working days during a calendar month, shall not accumulate sick leave for that month.
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10.3 Holidays During Sick Leave: Holidays and regular days off occurring while an employee is on sick or special leave shall not be charged against such employee's sick leave credits.
10.4 Payment for Unused Sick Leave: Employees of this Unit hired before July 1, 2011, may receive payment of 50% of the value of their unused sick leave up to a maximum of 60 days if the following conditions are met:
1. The employee files for service retirement from the Town, and
2. The employee voluntarily separates from the Town and has at least fifteen
(15) years of service with the Town.
Effective July 1, 2011, 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 or 480 hours). This value will be documented and the value capped. This value cannot grow through additional
accrued sick leave or though increases in hourly pay rate. 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 frozen 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, 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 the purpose of providing examples of this section, attached to this MOU is Exhibit “A”.
Employees of this Unit hired after July 1, 2011 shall not be eligible for payment
of unused sick leave.
10.5 Termination of Sick Leave: Sick leave shall automatically terminate on the date of retirement or on the date upon which an ordinary disability allowance under the retirement system becomes effective.
10.6 Sick Leave Notification and Proof of Illness: In order to receive compensation
while on sick leave, the employee shall notify his/her immediate superior, prior to or at the time set for beginning his/her daily duties or as may be specified by the Department Head, of the reasons for requiring such. Failure to notify the immediate supervisor may be grounds for denial of such leave with pay.
10.7 Proof of Illness: In any request for sick leave with pay for three (3) or more
calendar days, the Department Head may require a statement in writing signed
by a licensed physician, or the submission of other sustaining evidence that the
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employee is incapacitated and unable to perform his/her duties. The Town has the right to determine by reasonable means the validity of any sick leave used by any employee at the time.
Section 11. LEAVE WITH PAY
The following conditions provide for leave with pay:
11.1 Military Service: Military leave shall be granted in accordance with State and Federal law.
11.2 Jury Duty: All employees occupying authorized regular positions shall be allowed
paid leave for jury duty upon presentation of jury notice to the Department Head or Town Manager. The employee shall receive full pay for the time served on the jury. Monies received from the courts by the employee for jury duty will be deposited with the Town, with the exception of mileage reimbursement.
11.3 Vacation Leave: All regular employees occupying a position shown in the Annual
Salary Program shall become eligible for vacation leave with pay as shown in Section 12 below.
11.4 Paid Emergency Leave: In the event that an emergency is declared that impacts Town facilities or operations and results in the closure of any employee’s regular work site, employees regularly assigned to work in a closed work site may be
required to report to a worksite other than their regular work site to assist in emergency duties or to a non-impacted work site for regular duties at the discretion of the Town. If employees are not assigned to a non-impacted work site or assigned to assist in emergency duties, they shall be granted leave up to 10 days in any calendar year and compensated for their regularly scheduled
work day with no adverse effect to the employee. This provision applies to Federal, State, County, or Town declared emergencies or to other non-declared circumstances that result in the closure of Town facilities.
Section 12. UNION UNPAID LEAVE
12.1 Union Unpaid Leave: There will be an annual pool of 24 unpaid hours for Union
Training. This pool can be requested using the same method as vacation. No more than one employee can utilize this leave at one time. The employee will not suffer any change in benefits during the use of Union Leave.
Section 13. VACATION
13.1 Vacation Leave Accrual: Vacation leave with pay shall be credited to all
employees at the following rates:
1. First five years’ service - 1 day per month, or 12 working days per year.
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2. Second five years’ service - 1-1/2 days per month, or 18 working days per year.
3. Third five years’ service - 1-2/3 days per month or 20 working days per year.
4. 20 years’ service or more - 1-3/4 days per month or 21 days per year
The yearly vacation leave shall be pro-rated and credited to each employee's account monthly.
13.2 Payment for Unused Vacation Time: When an employee terminates, fractional periods of vacation shall be calculated and credited to the employee's account.
Compensation will be at the employee's daily rate of pay.
13.3 Vacation Leave Accumulation: Vacation leave for employees with less than five (5) years’ service may accumulate up to twenty (20) days and employees with more than five (5) years’ service may accumulate up to thirty (30) days. Employees who are on leave or suspension without pay for more than ten (10)
working days in any calendar month shall not accumulate vacation leave for that month.
13.4 Sickness During Vacation Leave: Sickness occurring during vacation leave, upon doctor's certification, will be considered sick leave and will not be charged against the employee’s vacation leave.
13.5 Vacation Leave Scheduling: Requests for vacation leave shall be submitted in
advance by the employee in writing to the Department Head, who shall approve the time employees may take their vacation.
13.6 Employees represented by the Union may use either vacation leave or leave without pay for the purpose of attending Union training. Adequate notice of such
leave must be provided to the employee’s supervisor.
Section 14. HOLIDAY CLOSURE PROGRAM
Each year, by August 1st, the Town Manager or his/her designee shall notify the Union as to whether employees of the Town shall be allowed to participate in a Holiday Closure Program between the Christmas Eve and New Year’s Day
holiday observances. The exact terms of the Holiday Closure Program will also be disclosed at that time. The Union will notify the Town Manager by October 10th of its desire to participate in any potential program.
Section 15. SCHEDULE
15.1 At the time of hire, each employee will be assigned a regular work schedule
consisting of no more than 80 hours of work time in each fourteen-day period.
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15.2 Employees hired before 7/1/2021 will have a regular work schedule that does not include Saturday or Sunday in their work week. Employees hired before 7/1/2021 may be available to work outside of their normally scheduled hours and
compensated per MOU Section 17 Overtime.
15.3 Employees hired on or after 7/1/2021 will have a regular work week based on seven consecutive calendar days. Employees hired on or after 7/1/2021 may have a regular work schedule that includes Saturday or Sunday in their work week.
15.4 All employees will have a work schedule that includes at least 2 consecutive
days off unless mutually agreed upon.
15.5 Normal work schedules (“10/80”) consist of ten 8-hour days, totaling eighty (80) hours per fourteen-day period.
15.6 Based on the needs of the Town, an employee may be assigned a “9/80”
alternative work schedule consisting of eight 9-hour days, one 8-hour day per
fourteen-day pay period, and one additional day off.
15.7 Employees will be entitled to at least two 15-minute paid rest periods and one 45-minute unpaid lunch period during each work day.
Section 16. SALARY
Effective July 1, 2021: All bargaining unit members will receive a one-time, non-pensionable, lump sum bonus in the amount of $500 the first pay period after ratification and approval by the Town Council. Additionally, effective July 1, 2021, base wages for represented unit members covered by this Agreement shall be increased by 2.0% as follows:
POSITION Step A Step B Step C Step D Step E Maintenance Worker 5,046 5,298 5,563 5,841 6,133
Senior Maintenance Worker 5,795 6,085 6,389 6,709 7,044
Effective July 1, 2022: Base wages for represented unit members covered by this Agreement shall be increased by an additional 2.0% as follows:
Effective July 1, 2023: Base wages for represented unit members covered by this agreement shall be increased by an additional 2.5% as follows:
POSITION Step A Step B Step C Step D Step E Maintenance Worker 5,147 5,404 5,674 5,958 6,256
Senior Maintenance Worker 5,911 6,207 6,517 6,843 7,185
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16.1 Advancement of Salary: The following criteria shall apply to advancement within salary ranges of individual employees who are on a step plan:
1. Step A shall be the minimum hiring rate.
2. Step B: Employees shall be eligible for advancement to Step B, or the next highest step upon completion of twelve (12) months employment.
3. Additional Steps: Employees shall be eligible for advancement to the next step upon completion of one (1) year at the previous step. The Department
Head is responsible for determining that there has been satisfactory growth in
the service value of the employee, and final approval is determined by the Town Manager.
The Town Manager may increase an employee's salary range on the basis of merit within the range set forth. The Town Manager may also designate the
salary rate or step at which an employee is appointed.
16.2 Salary Upon Promotion:
When an employee is promoted to a position in a classification with a higher salary range, he/she shall be placed at the next highest paid step in the salary range for the position in the higher classification.
Section 17. OVERTIME
17.1 Definition: Authorized time worked in excess of forty (40) hours in one (1) week as defined by the Town and consistent with FLSA shall constitute overtime. Time paid for but not worked such as paid sick leave and paid holidays shall be included in the computation of said forty (40) hour workweek.
17.2 Policy: It is the policy of the Town to keep overtime at a minimum consistent with
the efficient operation of the Town. Overtime must be authorized in advance by the Department Head and must be in compliance with the overtime policy as set forth in the Town's Personnel Rules and Regulations.
17.3 Overtime Pay: Overtime shall be paid at the rate of pay of time and one-half (1-
1/2) the base hourly salary.
POSITION Step A Step B Step C Step D Step E
Maintenance Worker 5,275 5,539 5,816 6,107 6,412
Senior Maintenance Worker 6,059 6,362 6,680 7,014 7,365
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17.4 Compensatory Time: Each employee may elect to convert ten (10) overtime hours per year to compensating time off. The maximum compensation time hours credited to the employee shall not exceed thirty-five (35) hours at any time. The
use of these hours shall be by mutual agreement of the employee and the
Employer.
17.5 Call-back Pay: Any employee called back to work at a time other than the employee’s regular work shift or called back to work for emergency purposes shall be guaranteed 2 hours pay at the rate of time and one-half, or may opt to
take equivalent compensatory time off. Under this subsection, this minimum time
payment does not apply to work that is contiguous to regularly scheduled work.
17.6 Stand-by Pay: The following guidelines will be applicable to the winter on-call status of employees:
1. Winter “on-call” assignments may be required between the dates of October
1st and March 31st of each year.
2. There may be up to two employees on “on-call” status during the winter months.
3. On call assignments shall be on a rotating basis for a period of one-month. The Director of Public Works or his/her designee shall make every attempt to
have the “on call” schedule posted no later than September 15th of each year.
4. “On call” rotations may be by sign up or assigned, at the discretion of the Public Works Director or his/her designee.
5. While an employee is on “on call” status, he/she shall be required to be available by telephone or cell phone 24/7 and able to respond to the Public
Works building within one hour if directed.
6. Employees shall not be impaired from being able to respond to work while being “on call” status.
7. Employees shall be compensated at the rate of $380 per month during the period assigned to “on call” status. This payment shall be made at the
completion of the period of “on call” status. Should the employee fail to complete the entire period the pay shall be prorated for the period completed.
8. If an employee is called into work outside of normal work hours, they shall be compensated at their overtime rate, either in pay or in compensatory time off. Employees called into work shall be compensated a minimum of two hours
overtime.
9. Employees not completing their “on call” assignment for reasons other than illness, injury, or approved leave could be subject to progressive discipline.
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Section 18. TUITION REIMBURSEMENT PROGRAM
18.1 Each full-time employee represented by this Memorandum of Understanding, a tuition reimbursement program shall be offered. The Town will reimburse costs
up to $1,200 per calendar year for the equivalent to the cost of tuition, books and
fees. To qualify for reimbursement, employees must submit certified transcripts with evidence of a grade of “C” or better from an accredited college or university and submit bona fide receipts. Employees are not eligible for reimbursement of tuition for coursework that commenced while on probationary status or prior to
employment with the Town.
Section 19. NOTICE TO EMPLOYEES
19.1 Employees shall receive ten (10) working days’ notice whenever the Town makes a change in the work schedules.
Section 20. UNIFORMS FURNISHED AND MAINTAINED
20.1 The Town will supply and launder an adequate supply of uniforms for those employees required to wear them.
20.2 The Town will supply adequate rainwear and rain boots for those employees required to wear them in the line of duty.
20.3 The Town will pay up to Two hundred Dollars ($200.00) per fiscal year for work
boots for those employees required to wear them in the line of duty. Replacement shall be on an as-needed basis, as determined by the Town, but replacement shall not be unreasonably withheld.
20.4 The Town will reimburse maintenance workers for the cost of safety lenses to their prescription glasses.
20.5 The Town requires that uniformed (Public Works) employees wear Town provided uniforms, including pants, shirts, hats, belts and shoes or boots.
Section 21. HEALTH AND SAFETY
21.1 Safety equipment is supplied by the Town to its personnel. All employees shall possess and have immediately available for their use those items of safety
equipment, issued and which are described by Town Regulations. Furthermore,
the Town agrees to provide and maintain a safe and healthy work environment.
Section 22. SENIORITY
22.1 Department Seniority:
1. Employees shall be placed on the Town seniority list in accordance with their
most recent date of hire.
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2. When two (2) or more employees are assigned to the payroll on the same date, seniority shall be given in accordance with their relative standing on the respective eligibility list.
22.2 Classification of Seniority:
1. Employees shall be placed on a classification seniority list in accordance with their most recent date of appointment to the specific classification.
2. When two (2) or more employees are appointed or promoted to the same classification on the same date, seniority shall be based upon their relative
standing on the respective eligibility list.
Section 23. LAYOFF AND RE-EMPLOYMENT
23.1 Notice of Layoff: The Town Manager shall give at least three (3) weeks' advanced written notice to employees to be laid off. Such notice shall also be furnished to the Union.
23.2 Order of Layoff: Layoffs shall be determined by job classification in reverse order
of seniority, as determined by the length of continuous service with the Town in full-time, non-probationary status. Layoffs and leaves of absence without pay shall be bridged in computing the employee's length of continuous service.
23.3 Bumping Rights: An employee who has achieved full-time, non-probationary
status at the time of layoff may displace the least senior employee in the lower classification, provided that the employee to be laid off has greater seniority than the least senior employee in the lower classification and further provided that the employee to be laid off had previously held permanent status in that lower classification.
23.4 Re-employment: An employee who has achieved full-time, non-probationary
status at the time of layoff shall have his/her name placed on a re-employment list, which shall be maintained for a minimum of twenty-four (24) months from the time of layoff. Former employees on the re-employment list shall be called first by seniority to fill openings in the classification from which the employees were laid
off before other candidates are hired to fill those openings. Employees bumped
as a result of a layoff shall be allowed to return to openings in the position from which they were bumped by seniority at the salary for the position to which the employee returns. Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights
and benefits legally permissible.
Section 24. DISCIPLINARY ACTION/SEPARATION FROM THE SERVICE
24.1 For purposes of these Rules, the following positions are considered “department heads”: Director of Administrative Services, Director of Community Development, Director of Public Works/Town Engineer, and the Chief of Police.
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24.2 Types of Disciplinary Actions. The following are types of actions that may be utilized by the department heads in disciplining employees.
1. Oral Reprimand: A formal discussion with an employee about performance or
conduct problems. This action preferably is summarized in a memo to the employee outlining the nature of the discussion. An oral reprimand is not subject to the appeal process described below.
2. Written Reprimand: A written document presented to an employee regarding performance or conduct problems. A copy must be provided to the employee
with a copy being placed in the employee’s personnel file. A written reprimand
is not subject to the appeal process described below.
3. Disciplinary Suspension: An involuntary absence without pay for a fixed period of time.
4. Reduction in Pay: The temporary or permanent reduction in pay of an
employee. The department head may, within the minimum and maximum of the salary range for the position, decrease the salary level of an employee whose ability to perform the required duties of his or her position falls below standard, as determined by the department head, or for disciplinary purposes.
5. Demotion: Demotion to a lower classification. The department head may
demote an employee whose ability to perform required duties of his or her position falls below standard, as determined by the department head, or for disciplinary purposes. No employee shall be demoted to a position for which he or she does not possess the minimum qualifications.
6. Termination: Discharge from the Town service. An employee in the
competitive service may be discharged for cause at any time by the department head.
Pending investigation of and imposition of a disciplinary matter, the department head may place an employee on paid administrative leave.
The Town is not required to take disciplinary actions in sequential or progressive
order. The level of the disciplinary action taken shall be commensurate with the offense, provided that the prior employment and disciplinary history of the employee may also be considered pertinent.
24.3 Causes for Discipline. Disciplinary action may be taken for causes listed in Section 19572 of the Government Code or for any of the following:
1. Unauthorized absence;
2. Being under a controlled substance while on duty;
3. Neglect of duty;
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4. Negligence or willful damage to public property or waste of public supplies or equipment;
5. Violation of any lawful regulation or order made and given by a line
supervisor;
6. Willful violation of the provisions of the Ordinance of the Town, these rules, or other promulgated by the Town Manager as Administrative Orders;
24.4 Notice of Intent. The following procedure shall be adhered to for non-emergency suspensions, demotions, reductions in pay, and terminations:
1. The department head shall issue to the affected employee a written Notice of Intent of the proposed disciplinary action. The notice shall be delivered to the affected employee personally or sent to the employee by either overnight mail and/or certified or registered mail, return receipt requested, at the employee’s last known address.
2. The Notice of Intent will include the following:
a. A statement that clearly defines the intent to take action, the proposed action to be taken, and the proposed effective beginning and ending time of intended action;
b. A statement of the specific grounds and particular facts upon which the
proposed disciplinary action will be taken;
c. A copy of all written materials, reports, or documents upon which the intended action is based;
d. A statement that the employee will be afforded the right to respond to the Notice of Intent, either verbally or in writing, or both, within ten (10)
working days upon receipt of the intended disciplinary action; and
e. The employee’s signature on the Notice of Intent will acknowledge receipt of said notice by the employee. If the employee refuses to sign, it will be noted as such on the Notice of Intent. The signature documentation on the Notice of Intent will acknowledge that the employee received the
Notice of Intent.
3. Employee Response to Notice of Intent. Within ten (10) working days after the employee has been served with the Notice of Intent, the employee will have the right to respond, verbally or in writing, or both, to the department head concerning the proposed disciplinary action. If, within the ten (10) day
response period, the employee does not provide a written or verbal response, the proposed action of the Town will take effect as set forth in the Notice of Intent.
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4. Notice of Final Discipline. After considering the employee’s timely response, the department head shall issue and deliver to the employee a Notice of Final Discipline, which shall be a written statement of the decision to uphold,
modify, or reject the proposed Disciplinary Action. Such action may not
include discipline more severe than that described in the Notice of Intent.
24.5 Appeal of Disciplinary Action.
1. Disciplinary Actions Subject to Appeal. A regular employee may, within ten (10) calendar days after the effective date of a suspension, demotion,
reduction in pay, or termination, file a written appeal with the Director of
Administrative Services.
2. Failure to Request Disciplinary Appeal Hearing. If the employee fails to request a disciplinary appeal hearing within the prescribed time and manner, the employee shall have waived the right to a hearing and all rights to further
appeal of the disciplinary action.
3. Hearing Officer. For any appeal of discipline, the Town and employee or Union shall obtain a strike list of seven names from the Public Employee Relations Board (PERB). The Town and the employee/ Union shall then mutually select the Hearing Officer by striking names from the list in
alternating turns. Fees for the hearing officer will be borne by the Town unless the employee is represented by a Union in the appeal, in which case the costs will be split evenly between the Town and the Union.
After the Town has issued the Final Notice of Discipline, any delay by the employee or Union in selecting a hearing officer or setting a hearing date, in
excess of thirty (30) days, shall result in the employee forfeiting his or her right to an appeal, and the discipline shall become final.
4. Representation at Disciplinary Appeal Hearing. At the disciplinary appeal hearing, the employee may be represented by counsel or other representative. The employee may not be represented by a person who will
be called as a witness.
5. Production of Witnesses and Documents. The Hearing Officer shall have the authority to compel the attendance of witnesses, and to require the production of documents. The Hearing Officer shall also have the authority to require the identification of witnesses, documents, and other evidence in advance of the
disciplinary appeal hearing.
6. Conduct of Disciplinary Appeal Hearing. The proceedings before the Hearing Officer shall be conducted as follows:
a. The Town shall have the burden of proof, and the burden shall be by the preponderance of the evidence.
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b. The hearing need not be conducted in accordance with the technical rules relating to evidence and witnesses, but shall be conducted in a manner most conducive to the determination of the truth. Any relevant evidence
may be admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in a court of law. Decisions made by the Hearing Officer shall not be invalidated by any
informality in the proceedings.
c. The Hearing Officer shall determine the relevancy, weight, and credibility of testimony and evidence.
d. Irrelevant evidence and unduly repetitious evidence shall be excluded.
e. The Hearing Officer shall have the authority to exclude any witnesses and
other persons not necessary to the proceedings.
f. The Hearing Officer shall not engage in ex parte communications with the parties.
7. Hearing Officer’s Decision.
a. The Hearing Officer shall issue an advisory, written decision containing
findings of fact and conclusions of law. The Hearing Officer shall
recommend that the Town affirm, revoke, or reduce the disciplinary action imposed against the employee. The Hearing Officer may not recommend discipline more stringent than that imposed by the department head. The Hearing Officer shall not have the authority to render a binding decision
that requires the Town to expend additional funds, to hire additional
personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in the Personnel Rules or any resolutions, ordinances, or policies adopted by the Town. The Hearing Officer shall not have the authority to require the Town to perform any
other action that would violate state or federal laws.
The Hearing Officer’s decision shall be advisory to the Town Manager. The Town Manager shall, within 30 working days from after the date of receipt of the Hearing Officer’s decision, issue a final written decision that shall affirm, revoke, or revise the Hearing Officer’s recommendation. The
Town Manager’s decision constitutes a final resolution of any disciplinary
action and no further appeal shall be permitted within the Town’s administrative process. A copy of the Town Manager’s decision shall be provided to the charged employee, and may be placed in the employee’s personnel file.
b. Extension of Time. Any time limits specified in this procedure may be
altered by mutual, written agreement.
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Section 25. GRIEVANCE PROCEDURES
25.1 Definition: A grievance shall be defined as any claimed violation, misinterpretation, inequitable application or non-compliance with provisions of a
collective bargaining agreement, or resolutions, rules, regulations, or existing
practices affecting the status or working conditions of Town employees.
25.2 Right to File and Representation: A grievance may be filed by an employee on the employee's own behalf, or jointly by any group of employees, or by an employee organization.
An aggrieved employee may be represented by any person or organization of the employee's choice at any stage of the proceedings. A representative of an organization certified to represent a majority of employees in the representation unit, in which the aggrieved employee is included, is entitled to be present at all meetings, conferences and hearings.
The Town shall act as a central repository for all grievance records.
Any time limit may be extended only by mutual agreement of the parties in writing.
25.3 Informal Grievance Procedure: Within fourteen (14) calendar days of the event precipitating the grievance, the grievant shall present the grievance informally for
the disposition by the employee’s immediate supervisor, or at any appropriate
level of authority. Presentation of an informal grievance shall be prerequisite to the instituting of a formal grievance.
25.4 Formal Grievance Procedure: If the grievant believes that the grievance has not been remedied through the informal grievance procedure within fourteen (14)
calendar days from the date the grievant informally presented the event
precipitating the grievance to his/her immediate supervisor, he/she may initiate a formal grievance within seven (7) calendar day thereafter. A formal grievance can only be initiated by completing and filing a memorandum with the Department Head. The memo shall contain:
1. Name(s) of grievant 2. Official Job Title(s) and Classification(s) 3. Department(s) 4. Home Mailing Address(es) 5. A clear statement of the nature of the grievance (citing applicable ordinances,
rules or regulations, or contract language) 6. The date upon which the event precipitating the grievance occurred 7. A proposed solution to the grievance 8. The date of execution of the grievance form 9. The signature of the grievant(s)
10. The name of the organization or individual, if any, followed by the signature of the representative.
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Step 1 – Within fourteen (14) calendar days after a formal grievance is filed, the Department Head shall investigate the grievance and confer with the grievant in
an attempt to resolve the grievance and make a decision in writing.
Step 2 – (a) If the grievance is not resolved to the satisfaction of the grievant in Step 1, the grievant may, within fourteen (14) calendar days from the receipt of the Department Head’s decision, request consideration of the grievance of the Town Manager by notifying the Town Manager.
(b) Within fourteen (14) calendar days after such notification, the Town Manager shall investigate the grievance, confer with the employee affected and their representatives to the extent the Town Manager deems necessary, and render a decision in writing to the grievant. If the decision does not resolve the grievance to the satisfaction of the grievant, the grievant may proceed to Step 3.
Step 3 – If the grievance is not resolved in Step 1 or Step 2, a final appeal may
be filed, in writing, with the Town Council, not more than fourteen (14) calendar days from the employee’s receipt of the Town Manager’s decision. The Town Council shall, within thirty (30) days of receiving the grievance, hear and decide upon the grievance. The Town Council’s decision is final and binding in all
respects.
No employee shall, as a direct or proximate result of such grievance, suffer dismissal from the service of the Town, transfer, demotion, reduction in salary, or other disciplinary or retaliatory action.
The process for Disciplinary Action is governed by Section 23 (Disciplinary
Action/Separation from the Service) of this MOU. This Section 24 is used for
violations listed in Section 24.1 above.
Section 26. POSITION RECLASSIFICATION PROCEDURE
The Town of Tiburon seeks to maintain a classification system and process whereby all positions are accurately classified on the basis of current and
ongoing job responsibilities officially assigned to said position(s).
26.1 Reclassification Procedure: The Appointing Authority or their designee or an incumbent of a position or the Union on behalf of an employee may request, in writing, a classification review. This classification review may be requested if the position has not been reviewing with the previous twelve (12) months and either
permanent and substantial changes have been made in the duties and responsibilities assigned to the position or there is evidence that the majority (50% or more) of the work being performed in not appropriate for the position’s current classification.
1. All requests for reclassification must be submitted to the Personnel Officer in
writing.
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2. Employee initiated reclassification request must first be directed to the employee’s appointing authority. The appoint authority shall forward the employee’s request to the Personnel Officer within ten (10) days of receipt.
3. The Personnel Officer shall ensure the review (audit) of the employee’s
position is completed within sixty (60) calendar days of receipt of the request in his/her office.
4. Based upon the analysis and evaluation of a position, the Personnel Officer may recommend that the position be sustained in its current class or be
reclassified (up or down) to the proper classification based upon the assigned
work. The Town Manager or his/her designee shall review all reclassification recommendations made by the Personnel Officer.
5. Within ten (10) days of receipt of the written audit decision the affected employee(s) may, in writing, submit a request for review of this decision to the
Town Manager. This request for review must show substantial error and/or
omission on the part of the Personnel Officer. The Town Manager may render a decision on the appeal on the basis of the written material or may interview the involved parties to discuss the specific error omission prior to rendering a decision.
6. The Town Manager shall have final decision-making authority on all
reclassifications.
7. Reclassifications shall become effective the first of the month following final approval of the action. Any changes of pay as a result of the reallocation shall be in accordance with the Town’s Personnel Rules and Regulations in
effect at the time.
Section 27. PERSONNEL FILES
An employee or employee's representative, on presentation of written authorization from the employee, shall have access to the employee's personnel file. The Town shall furnish copies of all performance evaluation reports and
letters of reprimand or warning to the employee prior to placement of such documents into the employee's personnel file. The employee shall be required to acknowledge the receipt of any document entered into the employee's personnel file without prejudice to subsequent arguments concerning the contents of such documents.
Section 28. FULL UNDERSTANDING MODIFICATION WAIVER
28.1 The parties jointly represent to the Town Council that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein.
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28.2 Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights and agrees that the other shall not be required to meet and confer with respect to any subject or
matter covered herein, nor as to wages or fringe benefits during the period of the
term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the period of this Agreement with respect to any subject matter within the scope of the meeting and conferring for a proposed Memorandum of Understanding between the parties to be effective on
or after November 2, 2005.
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SIGNATURE PAGE SEIU, LOCAL 1021
Pete Velles, Town of Tiburon DATE
Steward Representative, SEIU 1021
Adam Szuba, Town of Tiburon DATE Steward Representative, SEIU 1021 Joel Evans-Fudem, Chief Negotiator DATE SEIU Local 1021
John Stead-Mendez, Executive Director SEIU Local 1021 DATE
Andrea Zanetti, Area Director
SEIU Local 1021
DATE
TOWN OF TIBURON
Greg Chanis, Town Manager DATE
Town of Tiburon
Suzanne Creekmore, Director of Administrative Services DATE Town of Tiburon
APPROVED AS TO FORM:
Benjamin L. Stock Town Attorney DATE
Town of Tiburon
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Recommendation to Amend the FY 21-22 Adopted Budget to reflect salary and compensation increases for Management, Unrepresented Mid-Management, SEIU Local 1021 and Tiburon Police Officer Association
employees.
Reviewed By:
_________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney
SUMMARY Town staff is proposing a budget amendment to reflect the negotiated terms of the successor MOUs with
its two bargaining units, Tiburon Police Officers Association and SEIU Local 1021, as well as the cost-of-living adjustment and revised salary ranges for Management and Unrepresented Mid-management employees.
RECOMMENDED ACTION(S) 1.Approve the proposed budget amendment for FY 2021-22 salary and compensationincreases for TPOA, SEIU Local 1021, Management and Unrepresented staff.
BACKGROUND
During the FY 2021-22 budget process, Town staff was engaged in contract negotiations with its
two bargaining units, Tiburon Police Officers Association (TPOA) and SEIU Local 1021, for successor Memorandums of Understanding. It is common practice for municipalities to exclude salary and compensation increases from a proposed budget when engaged in contract negotiations. The budget adopted by the Town Council at the June 16,2021 meeting included a
2.0% cost-of-living increase for all employee groups, including SEIU, TPOA, Management and
Unrepresented Mid-management (Unrepresented) staff. Potential increases for specialty pays for TPOA and SEIU were excluded from the proposed FY 2021-22 budget, as negotiations were ongoing at the time the budget was approved.
Staff has completed negotiations with TPOA and SEIU. The successor MOU between the TPOA
and Town of Tiburon, which included negotiated cost-of-living and specialty pay increases for a three-year term, was adopted by the Town Council at the June 16, 2021 meeting. A successor MOU between the Town of Tiburon and SEIU Local 1021 has been proposed for adoption by Council at tonight’s meeting. Annual cost-of-living increases and revised salary ranges for
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: CC-7
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 3
Management and Unrepresented staff are also proposed at tonight’s meeting for Council’s consideration. This agenda item is to amend the FY 2021-22 adopted budget to reflect the negotiated cost-of-living increases and specialty pays in the successor TPOA MOU, SEIU MOU, Management
Compensation Program and Unrepresented Mid-management Compensation and Incentive Program. ANALYSIS
The Fiscal Year 2021-22 budget appropriated a 2.0% cost of living increase for all Town employees. The proposed budget amendment reflects the actual negotiated costs of the first year of the TPOA and SEIU MOUs as well as projected salary expenditures for Management and Unrepresented staff within their respective salary ranges. The Town performed a salary survey for Management and Unrepresented employees based on its salary setting policy, which is
reflected in the Management Recognition Compensation Program and Unrepresented Employees Recognition and Incentive Compensation Program resolutions presented at tonight’s meeting. FINANCIAL IMPACT
As proposed, the additional compensation costs for Fiscal Year 2021-22 over the adopted budget total $27,797, summarized in the following table: Management and Unrepresented Employees:
Salary $8,298
PERS Employer 654
FICA 120 Subtotal $9,072
SEIU Local 1021 Salary ($2,434)
PERS Employer (201)
FICA (35)
On Call Pay 960
MOU Signing Bonus 3,000
RHSA Contribution 1,200
Subtotal $2,490
Tiburon Police Officer’s Association (TPOA)
Salary ($5,551) PERS Employer 711
FICA 83
MOU Signing Bonus 6,500
RHSA Contribution 4,800
Education Incentive 2,400
Shift Differential 3,600
Longevity 1,940
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 3 OF 3
Specialty 1,200 Bilingual 900
Holiday (348)
Subtotal: $16,235
Total Budget FY 21-22 Amendment: $27,797
The FY 21-22 budget adopted by Council on June 16, 2021 included a net operating surplus of
$97,455. The proposed amendment can be accommodated by this surplus, resulting in a revised net surplus of $69,658. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. 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 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. Move to approve a budget amendment in the amount of $27,797 for the 2021-22
Fiscal Year to reflect the first year of the negotiated TPOA and SEIU Local 1021 successor MOUs and proposed cost-of-living increases and revised salary ranges for Management and Unrepresented employees.
Exhibit(s): Summary of Compensation Increases for FY 21-22 Budget Amendment Prepared By: Suzanne Creekmore, Director of Administrative Services
EXHIBIT 1
EXHIBIT 1: Summary of Compensation Increases for FY 21-22 Budget Amendment
Mangement & Unrepresented Salary
PERS
Employer FICA TOTAL
Adopted FY 21-22 Budget (2.0%)2,353,915 205,999 34,131 - - - - - - - - - 2,594,045
Amended FY 21-22 Budget (2.5%)2,362,213 206,653 34,251 - - - - - - - - - 2,603,117
Variance (Budget Amendment)8,298 654 120 - - - - - - - - - 9,072
SEIU Salary
PERS
Employer FICA
MOU Signing
Bonus ($500)
RHSA
($100/Mo)
On Call
Pay TOTAL
Adopted FY 21-22 Budget (2.0%)546,425 40,926 7,923 - - 3,600 - - - - - - 598,874
Amended FY 21-22 Budget (1.5%)543,991 40,725 7,888 3,000 1,200 4,560 - - - - - - 601,364
Variance (Budget Amendment)(2,434) (201)(35) 3,000 1,200 960 - - - - - - 2,490
TPOA Salary
PERS
Employer FICA
MOU Signing
Bonus ($500)
RHSA
($100/Mo)
On Call
Pay Education
Shift
Differential Longevity Specialty Bilingual Holiday TOTAL
Adopted FY 21-22 Budget (2.0%)1,589,595 227,200 25,038 - - 30,300 18,000 10,780 6,000 4,500 66,265 1,977,678
Amended FY 21-22 Budget (1.5%)1,584,044 227,911 25,121 6,500 4,800 - 32,700 21,600 12,720 7,200 5,400 65,917 1,993,913
Variance (Budget Amendment)(5,551) 711 83 6,500 4,800 - 2,400 3,600 1,940 1,200 900 (348) 16,235
TOTAL ADOPTED FY 21-22 BUDGET 4,489,935 474,125 67,092 - - 3,600 30,300 18,000 10,780 6,000 4,500 66,265 5,170,597
TOTAL AMENDED FY 21-22 BUDGET 4,490,248 475,289 67,260 9,500 6,000 4,560 32,700 21,600 15,540 7,200 5,400 66,048 5,198,394
TOTAL VARIANCE (BUDGET AMENDMENT)313.00$ $ 1,164.00 168.00$ $ 9,500.00 $ 6,000.00 $960.00 2,400.00$ 3,600.00$ 4,760.00$ 1,200.00$ 900.00$ (217.00)$ 27,797.00$
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Confirm Voting Delegate and Alternate Appointments to the League of California Cities Annual Business Meeting
Reviewed By:
_________
Greg Chanis, Town Manager ________
Benjamin Stock, Town Attorney
SUMMARY The Council will consider appointing a primary and alternate delegate to the League of California Cities Annual Business meeting.
RECOMMENDED ACTION(S) 1.Confirm proposed representation of the Town at the Annual Business Meeting of the League ofCalifornia cities by adoption of this item on the Consent Calendar; or2.Pull the item from the Consent Calendar to consider appointing other representation.
BACKGROUND
The League of California Cities Annual Conference is scheduled for September 22-24, 2021 in Sacramento, California. To vote on matters at the Annual Business Meeting, the Town Council must appoint a voting delegate. The Town’s delegate, along with the representatives from other cities, will take action on resolutions that establish League policy. According to the League’s
bylaws, a city may appoint a voting delegate and up to two alternates.
Councilmember Fredericks has served as voting delegate in previous years and is tentatively planning to attend the conference but has requested the Council appoint an alternate voting delegate in case she is unable to attend. The Council has appointed Mayor Thier as the alternate
Council representative for other League of California Cities matters, and Mayor Thier has informed staff she is able to attend the Business Meeting as voting delegate if needed.
The appointments of Councilmember Fredericks as voting delegate and Mayor Thier as alternate
voting delegate may be adopted on the Consent Calendar if the Council wishes to do so.
If the Council wishes to consider appointing other members as delegates, the item should be pulled from the Consent Calendar for further discussion and action. Whoever is chosen as the Town’s voting delegate(s) must be able to attend the Annual Business Meeting scheduled for
Friday, September 24, 2021.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting
August 4, 2021
Agenda Item: CC-8
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 2
ANALYSIS No further analysis provided.
FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. 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 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. Confirm the proposed representation of the Town at the Annual Business Meeting of
the League of California Cities by adoption of this item on the Consent Calendar; or 2. Pull the item from the Consent Calendar to consider appointing other representation.
Exhibit(s):
1. League of California Cities 2021 Annual Conference Voting Procedures and Appointment of Delegate Form
Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200
June 16, 2021 TO: City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference & Expo – September 22-24, 2021
Cal Cities 2021 Annual Conference & Expo is scheduled for September 22-24, 2021 in Sacramento. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 24. At this meeting, Cal Cities membership considers
and acts on resolutions that establish Cal Cities policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.
Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Wednesday, September 15. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note: Our number one priority will continue to be the health and safety of participants.
We are working closely with the Sacramento Convention Center to ensure that important protocols and cleaning procedures continue, and if necessary, are strengthened. Attendees can anticipate updates as the conference approaches.
• Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the
form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager
alone.
• Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open mid-June at www.cacities.org. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but
Council Action Advised by August 31, 2021
1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200
only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting
card to another city official.
• Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate
or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the Sacramento Convention Center, will be open at the following times: Wednesday, September 22, 8:00 a.m. – 6:00 p.m.; Thursday, September 23, 7:00 a.m. – 4:00 p.m.; and Friday, September 24, 7:30 a.m.–11:30 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to
the League’s office by Wednesday, September 15. If you have questions, please call Darla Yacub at (916) 658-8254.
Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200
CITY:________________________________________
2021 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Wednesday, September 15, 2021.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the
Annual Conference Registration Area. Your city council may designate one voting delegate and up
to two alternates.
To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be
designated by your city council. Please attach the council resolution as proof of designation. As an alternative,
the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the
council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting.
Admission to this designated area will be limited to individuals (voting delegates and alternates) who are
identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting
Delegate Desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE
Name: Name:
Title: Title:
PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR
ATTEST: I affirm that the information provided reflects action by the city council to designate the
voting delegate and alternate(s).
Name: ____________________________________ Email _________________________________
Mayor or City Clerk___________________________ Date____________ Phone________________
(circle one) (signature)
Please complete and return by Wednesday, September 15, 2021 to:
Darla Yacub, Assistant to the Administrative Services Director
E-mail: dyacub@cacities.org
Phone: (916) 658-8254
1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200
Annual Conference Voting Procedures
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Community Development Department
Subject: 281 Karen Way; Appeal of Site Plan and Architectural Review Approval for construction of a 1,520 square foot addition to an existing single-
family dwelling with an attached garage as well a new spa, fire pit, and outdoor kitchen island with a barbeque, with a Variance request for reduced side setback. A portion of the project would extend within 5 foot, 5 inches of the left side property line, which is less than the 6-foot side setback required in the R-1-B-A zone.; Lisa Evers, Owner; Appellants
Eileen McHale, Mary and Charles Barnes, Jill Sperber, and Pru and Fred Starr, File Nos. DR2020-088/VAR2020-020; Assessor’s Parcel No. 034-122-05 Reviewed By:
_________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY
On June 16, 2021, the Town Council decided to uphold the Design Review Board’s decision on the project at 281 Karen Way and deny the appeal. This item for the consideration of a Resolution memorializing that decision. RECOMMENDED ACTION(S) 1. Adopt the Resolution as part of the Consent Calendar.
BACKGROUND On May 6, 2021, the Design Review Board conditionally approved a Site Plan and Architectural Review application for exterior alterations and additions to an existing single-family residence on a R-1-B-A zoned property at 281 Karen Way. A timely appeal was filed of the Design Review
Board’s decision. On June 16, 2021, the Town Council held a public hearing on an appeal of the
Design Review Board’s decision on this application. After closing the public hearing, the Town Council voted 3-0-1 (One councilmember was absent) to direct staff to prepare a resolution denying the appeal for consideration for adoption at the next
meeting. That resolution now comes before the Town Council for adoption. The draft resolution
is attached as Exhibit 1. ANALYSIS
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: CC-9
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 2
No further analysis is provided. FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town.
CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon.
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 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 adopt this Resolution (Exhibit 1), as part of the Consent Calendar.
Exhibit: Draft Resolution denying the appeal
Prepared By: Samantha Bonifacio, Assistant Planner
EXHIBIT 1
Page 1 of 3
Town Council Resolution No. 08/04/2021
RESOLUTION NO. XX-2021
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING AN APPEAL BY EILEEN MCHALE, MARY AND CHARLES BARNES, JILL SPERBER, PRU AND FRED STARR OF THE DESIGN REVIEW BOARD’S APPROVAL OF A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR THE EXTERIOR ALTERATIONS AND ADDITIONS TO
AN EXISTING SINGLE-FAMILY DWELLING ON A R-1-B-A ZONED PROPERTY LOCATED AT 281 KAREN WAY WITH A VARIANCE FOR A REDUCED SIDEYARD SETBACK (ASSESSOR PARCEL NO. 034-122-05)
WHEREAS, on February 18, 2021, April 1, 2021, and May 6, 2021, the Design Review Board held a duly noticed public hearing to consider a Site Plan and Architectural Review application (File No. DR2020-088/VAR2020-020) filed by Lisa
Evers (“Applicant’) for exterior alterations and additions to an existing single-family
dwelling on a R-1-B-A zoned property located at 281 Karen Way; and The official record for this application is hereby incorporated and made part of this Resolution. The record includes, without limitation, staff reports, minutes,
application materials, appeal materials, correspondence, and all comments and materials
received at any public hearings. WHEREAS, at that hearing, adjacent property owners opposed the application and raised concerns regarding building massing, view, light/glare, and privacy impacts.
The Design Review Board reviewed the plans and determined that the additions will
follow applicable design guidelines and the Guiding Principles expressed in Tiburon Municipal Code section 16-52.020 (H). The Design Review Board also found the additions to be consistent with the purposed established in Tiburon Municipal Code section 16-52.020(A).The Board found that the additions are properly laid out on the site
and are generously setback from the existing improvements on the adjoining sites, which
would mitigate the impacts on view, light/glare, and privacy that could potentially cause by the project. The Design Review Board also found the findings required in Tiburon Municipal Code Section 16-52.030 (E) could be made to grant the Variance for a reduced side yard setback. The addition to the rear of the property would extend the western wall
of the existing dwelling, which was constructed prior to the establishment of the R-1-B-A
zone and development standards. WHEREAS, the Design Review Board voted 4-1 to conditionally approve the project; and
WHEREAS, on May 17, 2021, owners of 279 Karen Way , 278 Karen Way, 171 Leland Way, and 160 Leland Way (“Appellants”) filed a timely appeal of the Design
Page 2 of 3 Town Council Resolution No. XX-2021 03/17/2021
Review Board’s decision, objecting to the potential view, light/glare, and privacy impacts caused by the proposed project; and
WHEREAS, on June 16, 2021, the Town Council held a duly-noticed public hearing, on a de novo basis, on the appeal, during which testimony was heard and considered regarding the application and the Design Review Board’s review and decision on the application. At the conclusion of the public hearing, the Town Council voted 3-0-
1 (one councilmember was absent) to direct staff to prepare a resolution denying the
appeal for the consideration of adoption at the next meeting. The Council determined that the subject application would be consistent with the guiding principles in review of Site Plan and Architectural Review application contained within Section 16-52.020 (H) as the project is appropriately scaled on the site and is designed reasonably to relate with
improvements on the adjoining properties.
WHEREAS, on August 4, 2021, a resolution denying the appeal and upholding the Design Review Board’s approval return to the Town Council.
WHEREAS, the Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per Sections 15301 and 15303 of the CEQA Guidelines; and NOW, THEREFORE, BE IT RESOLVED that the foregoing Recitals are true and
correct and are incorporated herein and form a part of this Resolution.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon hereby denies the appeal of Eileen Mchale, Mary and Charles Barnes, Jill Sperber, Pru and Fred Starr and approves the Site Plan and Architectural Review application (DR2020-088/VAR2020-
020) for exterior alterations and additions to an existing single-family dwelling on a R-1-B-A
zoned property located at 281 Karen Way. The conditions of approval that were previously imposed by the Design Review Board will remain in effect. PASSED AND ADOPTED at a regular meeting of the Town Council on August
4,2021, 2021 by the following vote:
AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________________
HOLLI THIER, MAYOR TOWN OF TIBURON
Page 3 of 3 Town Council Resolution No. XX-2021 03/17/2021
ATTEST:
___________________________________ LEA STEFANI, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Subject: Assessment District No. 2017-2 (Virginia Undergrounding District) - Adopt Resolution Declaring Surplus Improvement Funds and Authorize Disposition in Accordance with Streets and Highways Code Sections 10427(d) and
10427.1
Reviewed By:
_________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney
SUMMARY The Council will consider adoption of a resolution declaring surplus improvement funds in the
amount of approximately $120,600 and authorize disposition of the funds in accordance with Streets and Highways Code Sections 10427(d) and 10427.1.
RECOMMENDED ACTION(S)
1.Adopt Resolution attached as Exhibit 3.
BACKGROUND
The Town Council has taken proceedings under the Municipal Improvement Act of 1913, Division 12 of the California Streets and Highways Code (the “Code”) to form the Town of
Tiburon Assessment District No. 2017-2 (Virginia Undergrounding District) (the “Assessment District”), has levied assessments on the land within the Assessment District, and issued bonds secured by such assessments (the “Bonds”). The improvements are complete and all expenses from the Improvement Fund established for the Assessment District by the Bond Indenture between the Town and U.S. Bank National Association (the “Trustee”) have been paid. There
remains in the Improvement Fund a surplus of approximately $120,600.
Sections 10427(d) and 10427.1 of the Code specify how surplus amounts may be applied. In order to proceed with disposition of the funds, the Town Council must adopt a resolution declaring the funds are surplus and authorize the Town Manager to take actions necessary to
carry out disposition of the funds in accordance with Sections 10427(d) and 10427.1 of the Code.
ANALYSIS
Exhibits 1 and 2 to this Staff Report are written recommendations and Instructions to the Trustee
that were provided by the Town’s bond advisor, Sperry Capital, and bond counsel, Stradling Law.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: CC - 10
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 2
As provided in the Code and described in the recommendation and Instructions, the following actions will be taken if the Resolution is adopted: 1. Pursuant to Section 504 of the Indenture, $103,390.47 will be transferred from the Improvement Fund to the Prepayment Account and apply the funds to optionally redeem
Series B Bonds on September 2, 2025 at a price of 103% as described under Section 4.1(a) of the First Supplement, and to provide notice to bondholders (Exhibit 4); and 2. Transfer $17,273.25 from the Improvement Fund to the Town which will be used to refund a portion of the prepaid assessments; and 3. Separate from the $120,600 Improvement Fund surplus, the Town overfunded the Reserve
Fund in the amount of $27,149.03 from Town funds and a refund is due to the Town. Therefore, the Town will also request a transfer of $27,149.03 from the Reserve Fund to the Town. FINANCIAL IMPACT
This action will result in refunding of $27,149.03 from the Trustee to the Town for overfunding the Reserve Fund. These funds will be returned to the General Fund. Additionally, two parcels in the District will receive partial refunds of their prepaid assessments as a result of this action.
ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA).
RECOMMENDATION Staff recommends that the Town Council adopt the Resolution.
Exhibits:
1. Recommendations 2. Instructions to Trustee 3. Resolution
4. Notice to Bondholders
EXHIBIT 1
Sperry Capital Inc.
Three Harbor Drive, Suite 101
Sausalito, CA 94965
jgibbs@sperrycapital.com
Tel: 415.608.1744 (cell) 415.339.9203 (office) Fax: 415.339.6030
July 6, 2021
Mr. Greg Chanis
Town Manager
Town of Tiburon, California
Via email: gchanis@townoftiburon.org
Dear Greg,
The purpose of this letter is to present Sperry Capital’s recommendation for the disposition of surplus funds of
the Virginia Drive Undergrounding District (the District) 2018 Series A and 2019 Series B bonds. There are
surplus Improvement Fund balances and excess Reserve Fund balances.
This disposition plan has been designed to benefit the parcel owners in the District as much as possible in
accordance with applicable law and the terms of the bond documents. The plan has been drafted with detailed
guidance from Bob Whalen, Bond Counsel and subject to review by Nick Dayhoff, NBS Government Services.
All of the amounts we present here are drawn from the Trustee’s monthly statements of February 28, 2021, and
the May 6, 2019 Closing Memorandum for Series B.
Surplus in the Improvement Funds and the Reserve Funds
The surplus Improvement Funds for Series A and Series B together with the excess Reserve Funds total
$148,148.49 as detailed below:
Table I
Improvement Funds 2/28/2021
Series A $20.78
Series B 120,642.94
Surplus Improvement Funds $120,663.72
Table II
Reserve Funds 2/28/2021
Series A $28,259.76
Series B 87,600.01
Total $115,859.77
Less Reserve Requirement 88,375.00
Excess Reserves $27,484.77
Total Surplus (Excess Surplus +
Reserves)
$148,148.49
Sperry Capital Inc.
Three Harbor Drive, Suite 101
Sausalito, CA 94965
jgibbs@sperrycapital.com
Tel: 415.608.1744 (cell) 415.339.9203 (office) Fax: 415.339.6030
In accordance with Section 507 of the Indenture these funds “shall be used as determined by the Town in the
manner provided in Section 10427 of the 1913 Act.” We have prepared this plan with detailed guidance from
Bob Whalen to conform with the dictates of the law. Accordingly, we recommend that the Town (1) provide a
payment in cash to the two parcel owners who prepaid their assessments in whole or in part, and (2) instruct
the Trustee to deposit the remaining funds in accordance with the Indenture to be used to redeem bonds on the
first optional call date, September 2, 2025.
Refunding the Prepayments
The Engineer’s Report assigned each of the 22 parcels in the District a percentage share of the project’s
construction cost, their “assessment”. The parcel owners could fund their assessment by making a prepayment
or by participating in the assessment bond financing or some combination thereof. All but two parcels funded
their assessments entirely in the bond financing. Parcel 055-091-01 prepaid 100% of its assessment and parcel
055-091-05 prepaid $20,000 or 25.6% of its full assessment. Each of these two parcels are owed a refund and
the determination of the refund amount is different in each case.
Parcel 055-091-01 Prepayment: $69,117.92 Refund: $15,321.78
This parcel is owed a share of the Improvement Fund surplus and is owed the amount that it overpaid in making
its 100% assessment prepayment.
The parcel’s assigned share of the $1,236,000 construction cost is 4.82% or $59,616.02 which should have been
the amount of the prepayment. In fact, they were charged $69,117.92 due to an error in accounting for bond
financing expenses which were to be excluded from prepayments. The parcel needs to be refunded the overage
or $9,501.80 as a result.
Secondly, the parcel should be paid its 4.82% share of the $120,663.72 Improvement Fund surplus or $5,819,98.
The sum of the two amounts to be refunded is $15,321.78.
Parcel 055-091-05 Prepayment $20,000 Refund: $1,951.47
The parcel’s share of the $1,236,000 construction cost is 6.32% or $78,156.02. The prepayment was $20,000 or
25,6% of the full assessment. The parcels share of the Improvement Fund surplus is 25.6% of 6.32% of
$120,663.72 or $1,951.47.
Return of Excess Reserve Fund Balance to Town
Working with the Trustee and the Town, Stradling has determined that the Town overfunded the reserve from
Town funds in response to an erroneous request from the Trustee. The amount of $27,484,77 should be
transferred to the Town to correct this.
Sperry Capital Inc.
Three Harbor Drive, Suite 101
Sausalito, CA 94965
jgibbs@sperrycapital.com
Tel: 415.608.1744 (cell) 415.339.9203 (office) Fax: 415.339.6030
Funds for Future Optional Redemption
Table III
Total Surplus $148,148.49
Less 055-091-01 Refund -15,321.78
Less 055-091-05 Refund -1,951.47
Less return excess reserve to Town -27,484.77
Funds for Future Optional Redemption $103,390.47
Deducting the two refunds and the transfer of reserve funds to the Town from the total surplus leaves
remaining funds of $103,390.47 which should be used by the Trustee to call bonds at a premium of 103% on
September 2, 2025, in accordance with the Indenture.
The Town Council should adopt a resolution providing for the following:
1. Instruction to the Trustee to immediately wire back to the Town $27,484.77 for the amount that the
Town overfunded into the Reserve Fund per the Trustee’s request.
2. The Town Council declaring the remaining balance in the Improvement Fund to be surplus and directs
the refunds specified above and the application of the $103,390.47 to the Prepayment Account to
redeem Series B Bonds on 9/2/2025.
3. After adoption of the resolution, the Town should provide a written instruction to the Trustee to (i) pay
the refund amounts to the Town to pay to the property owners, and (ii) deposit the $103,390.47 to the
Prepayment Account of the Redemption Fund to be held there until applied to redeem the Series B
Bonds on September 2, 2025. Stradling will prepare the resolution and then the written instruction for
the Town to sign.
4. The Town should post a voluntary notice on EMMA stating that approximately $105,000 of Series B
Bonds will be optionally redeemed on September 2, 2025. Stradling will draft this for the Town to file.
This completes Sperry Capital’s advice regarding disposition of surplus funds, and we greatly appreciate the
cooperation of Stradling and NBS in sorting this out.
Please inform Stradling as to the Council meeting date they should agendize this matter.
If you have any questions about the numbers, we are available to respond.
Best Regards,
James H. Gibbs
Principal
Cc: Bob Whalen, Stradling Law and Nick Dayhoff, NBS Government Service
EXHIBIT 2
1
4811-0011-8259v1/200690-0002
TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-2
(VIRGINIA UNDERGROUNDING DISTRICT) LIMITED OBLIGATION IMPROVEMENT BONDS 2018 SERIES A AND 2019 SERIES B INSTRUCTIONS TO TRUSTEE
The undersigned hereby states and certifies to U.S. Bank National Association, as trustee (the “Trustee”), under the Bond Indenture dated as of July 1, 2018, as supplemented by the First
Supplemental Bond Indenture dated as of May 1, 2019 (collectively, the “Indenture”), each by and
between the Trustee and the Town of Tiburon (the “Town”), that:
1. The undersigned is the Town Manager of the Town with authority to instruct the Trustee regarding the application and disbursement of the funds in the funds and accounts established under the Indenture and held by the Trustee.
2. The Trustee is hereby directed to transfer to the Town the amount of $27,149.03 from the Reserve Fund, representing funds transferred by the Town to the Trustee in approximately November 2020 which amount is in excess of the Reserve Requirement (as defined in the Indenture).
3. The Trustee is hereby directed to transfer to the Town the amount of $17,273.25 from
the Improvement Fund, representing the proportionate share of the excess funds held in the Improvement Fund attributable to the Assessments which were previously paid in cash, which amount will be used by the Town to refund a portion of the prepaid assessments.
4. The Trustee is hereby directed, pursuant to Section 504 of the Indenture, to transfer from the Improvement Fund to the Prepayment Account the amount of $103,390.47 and to hold such
funds therein and apply such funds to optionally redeem Series B Bonds on September 2, 2025 at a price of 103% as described under Section 4.1(a) of the First Supplement.
[SIGNATURE ON FOLLOWING PAGE]
4811-0011-8259v1/200690-0002
All capitalized terms used herein and not defined shall have the meanings given them in the Indenture.
Dated: August __, 2021 TOWN OF TIBURON
By: Town Manager
[SIGNATURE PAGE TO INSTRUCTIONS TO TRUSTEE]
EXHIBIT 3
Stradling Yocca Carlson & Rauth
Draft of 7/22/21
4838-2919-2676v3/200690-0002
RESOLUTION NO. _____
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE DISPOSITION OF SURPLUS
MONEY IN THE FUNDS FOR THE TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-2 (VIRGINIA UNDERGROUNDING DISTRICT)
WHEREAS, the Town Council of the Town of Tiburon (the “Town”) has previously adopted
Town Council Resolution No. 2996 supporting the undergrounding of overhead utility wires and
poles and has adopted Policy and Procedures for the Formation of Utility Undergrounding Assessment Districts (the “Policies”); and
WHEREAS, in accordance with the Policies, this Town Council has taken proceedings under the Municipal Improvement Act of 1913, Division 12 of the California Streets and Highways Code
(the “Code”) to form the Town of Tiburon Assessment District No. 2017-2 (Virginia Undergrounding District) (the “Assessment District”) and has levied assessments on the land within the Assessment District and issued bonds secured by such assessments (the “Bonds”); and
WHEREAS, after the completion of the improvements and the payment of all the claims
from the Improvement Fund established for the Assessment District by the Bond Indenture by and between the Town and U.S. Bank National Association, as trustee (the “Trustee”) pursuant to which the Bonds were issued (as supplemented from time to time, the “Indenture”), there remains a surplus in the Improvement Fund in the amount of approximately $120,600; and
WHEREAS, pursuant to Sections 10427 of the Code, such surplus money remaining in the
Improvement Fund may be used for a number of different purposes, including to call Bonds, thereby reducing outstanding assessments and subsequent assessment installments; and
WHEREAS, the Town Council of the Town now desires to declare all the amounts remaining in the Improvement Fund for the Assessment District surplus and to direct that such surplus amounts
be applied as set for in Sections 10427(d) and 10427.1 of the Code; and
WHEREAS, in approximately November 2020, at the request of the Trustee the Town transferred $27,149.03 to the Trustee for deposit in the Reserve Fund established for the Bonds, and the Trustee has now determined that such funds are in excess of the Reserve Requirement established for the Bonds and the Town desires to have such excess returned to the Town; and
NOW, THEREFORE, the Town Council of the Town of Tiburon DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER as follows:
The above recitals are all true and correct.
Pursuant to Section 10427 of the Code, the Town Council of the Town hereby
declares all amounts on deposit in the Improvement Fund established by the Indenture to be surplus.
The Town Council hereby directs that that the surplus funds described in the foregoing Section 2 are to be applied in accordance with Section 10427(d) of the Code to optionally redeem a portion of the Series B Bonds issued and outstanding under the Indenture on September 2,
2 4838-2919-2676v3/200690-0002
2025 and to provide a credit to any assessment previously paid in cash in the amount of such assessment’s proportionate share of the surplus funds, as described in Section 10427.1 of the Code.
The Town Council hereby authorizes the Town Manager, and any other proper official of the Town, to take all actions necessary to carry out the disposition of such surplus funds in accordance with Sections 10427(d) and 10427.1 of the Code and to provide notice to the owners of the Series B Bonds of the planned redemption on September 2, 2025.
The Town Council hereby authorizes the Town Manager, and any other proper official of the Town, to take all actions necessary to instruct the Trustee to return to the Town the $27,149.03 transferred by the Town to the Trustee in November 2020 for deposit in the Reserve Fund.
This Resolution shall take effect immediately upon its adoption.
The Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED on August 4, 2021.
HOLLI P. THIER, Mayor
ATTEST:
LEA STEFANI Town Clerk
EXHIBIT 4
4836-9870-5137v2/200690-0002
VOLUNTARY NOTICE TO BONDHOLDERS
Bond Issue:
The Town of Tiburon (the “Town”), hereby provides a voluntary notice related to the Town of Tiburon Assessment District No. 2017-2 (Virginia Undergrounding District) Limited Obligation Improvement Bonds, 2019 Series B (the “Series B Bonds”) originally issued on May 9, 2019 in the initial aggregate principal amount of $1,275,000.
Voluntary Disclosure:
The Town previously formed the Town of Tiburon Assessment District No. 2017-2 (Virginia Undergrounding District) (the “Assessment District”) for the purpose of levying assessments within the Assessment District in order to pay the costs of construction of improvements to underground
overhead utilities (the “Improvements”) within the Assessment District. The Improvements have been completed and there are surplus funds in the Improvement Fund held under the Bond Indenture dated as of July 1, 2018, as supplemented by the First Supplemental Bond Indenture dated as of May 1, 2019 (collectively, the “Indenture”), each by and between U.S. Bank National Association (the “Trustee”) and the Town, pursuant to which the Series B Bonds were issued.
On August 4, 2021, the Town Council of the Town adopted a resolution, pursuant to Section 10427(d) of the California Streets and Highways Code, declaring such amounts held in the Improvement Fund surplus and directing that approximately $103,000 of such surplus funds be applied to redeem Series B Bonds on September 2, 2025 at 103%.
Other Matters:
This notice is provided as a voluntary disclosure. The filing of this notice does not constitute or imply any representation regarding any other financial or other information about the Town or the Assessment District or a representation that no other circumstances or events have occurred which may have a bearing on the Town or the Assessment District or an investor’s decision to buy, sell, or
hold the Series B Bonds.
Dated this ____day of August, 2021.
TOWN OF TIBURON
Tiburon Town Council
August 4, 2021
CC-10: Virginia Undergrounding Surplus
Funds
Late Mail
Requests for Copies:
Lea Stefani, lstefani@townoftiburon.org
From:Audrey Fancy
To:Lea Stefani
Subject:08/04/2021 Consent item CC# 10.
Date:Wednesday, August 4, 2021 2:29:50 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear Town Council Members,
RE: Consent item CC# 10.
I apologize for the late email; I had planned to provide verbal comments but unfortunately, I wasunable to adjust my work to participate shortly after 5.
Four and a half years ago in January 2017, my family and our neighbors experienced a terrifyingsafety issue when the power pole across from my house fell. That event spurred our neighborhoodto work toward undergrounding. The Virginia Utility Undergrounding District was quickly formed,and fortuitously for us, shortly before the town policy was rescinded. I am eternally grateful to thecouncil for supporting this project and to staff for all their work.
For more than four years we’ve all experienced increasingly problematic weather events andwildfires and yet the town has not set forth a new policy. As the council takes action to wrap up theVirginia project, I urge the council to revive the effort to develop and implement an undergroundingpolicy, ideally one that encourages and supports removing all poles in Tiburon. I would alsoencourage a policy that includes notice to and input from those in a district about key decisions. Forexample, we were not consulted about the contents of staff report CC# 10 regarding surplus funds.While the staff recommendation does not appear problematic, had our district been included in theprocess and we might have opted for a different option.
Thank you for your consideration.
Audrey Fancy
571 Virginia Dr.
TOWN OF TIBURON PAGE 1 OF 4
STAFF REPORT To:
Mayor and Members of the Town Council
From: Department of Public Works
Subject: Approve Acquisition Agreements for 2 Palmer Court, 4 Palmer Court, and 700
Tiburon Boulevard for the Hawthorne Undergrounding District Project Reviewed By:
_________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY Consider approving acquisition agreements for easements on 2 Palmer Court, 4 Palmer Court,
and 700 Tiburon Boulevard for the Hawthorne Undergrounding District Project. RECOMMENDED ACTION(S) Staff recommends Town Council: 1. Consider authorizing the Town Manager to execute in substantially the form presented,
the draft purchase and sale agreement related to 2 Palmer Court (APN 055-201-34).
2. Consider authorizing the Town Manager to execute in substantially the form presented, the draft purchase and sale agreement related to 4 Palmer Court (APN 055-201-35). 3. Consider authorizing the Town Manager to execute in substantially the form presented, the draft purchase and sale agreement related to 700 Tiburon Boulevard (APN 055-201-
36).
BACKGROUND
In 2016, property owners on portions of Rock Hill Drive, Hawthorne Drive, Hilary Drive, Hilary Court, Mira Vista Court, Del Mar Drive, Palmer Court and Tiburon Boulevard began the process of forming the Hawthorne Utility Undergrounding Assessment District (“The District”). The
goal of forming the District is to remove the existing overhead utility lines and poles and relocate
them underground (Project). The District consists of 120 parcels (plus 3 sliver parcels), including both residential and commercial properties. On February 7, 2018, property owners in the District approved tax assessments equal to the cost
estimate to fund completion of the project, with the intent the Town would sell bonds to finance
the portion of the assessments that are not prepaid by the property owners of the District. The Town Council recently approved agreements with Pacific Gas & Electric (PG&E), and Ranger
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: CC-11
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 4
Pipelines to construct the Project, and authorized issuance of bonds to finance the Project on May 5, 2021. The bond sale closed on June 9, 2021.
ANALYSIS
In order to complete the Project, the Town must acquire easements from the following eight (8) private properties:
APN ADDRESS DESCRIPTION ACQUISITION NO. STATUS
055-211-31 40 Del Mar Drive Single Family Residence 31320249B Agreement Executed
055-201-25 Sommers Court Private Road 31320249G Adopted RON
055-171-13 650 Tiburon Boulevard Single Family Residence 31320249D Adopted RON
055-201-35 4 Palmer Court Single Family Residence 31320249E Pending Council Action 055-201-34 2 Palmer Court Single Family Residence 31320249F Pending Council Action
055-222-04 730 Hawthorne Single Family Residence 31320249C Possession and Use Agreement
055-201-36 700 Tiburon Boulevard Belvedere Tennis Club 31320249H Pending Council
Action
039-111-21 145 Rock Hill Belvedere-Tiburon
Community Church
31320249A Agreement
Executed
As separate actions, the Town Council previously adopted Resolutions of Necessity for the
easements on 40 Del Mar Drive, Sommers Court, and 650 Tiburon Boulevard, and 4 Palmer Court. After adoption of the Resolutions of Necessity, the properties and Town Council approved acquisition agreements for 145 Rock Hill Road, and 40 Del Mar Drive. Additionally, a possession and use agreement has been executed with the property at 730 Hawthorne. Negotiations are continuing for the remaining acquisitions and Staff is optimistic that agreement
on just compensation can be reached on all, except for Sommers Court. Staff has reached tentative acquisition agreements with the property owners at 2 Palmer Court, 4 Palmer Court, and 700 Tiburon Boulevard and is now requesting Town Council authorization to execute the acquisition agreements. The easement on 2 Palmer Court is over a portion of an area
that is currently used as a driveway. The total area of the easement is approximately 89 square feet and is depicted in the grant deed and aerial photo in Exhibit 1. Town Staff and the owner negotiated the Acquisition Agreement attached as Exhibit 2. The agreement provides that the
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 3 OF 4
purchase price is $5,000, which is payable within ten (10) days of receipt of the executed documents. The owner has approved the agreement as to form, however, at the time of preparation of this staff report the owner had not yet signed the agreement.
The easement on 4 Palmer Court is over a portion of an area that is currently used as a driveway.
The total area of the easement is approximately 435 square feet and is depicted in the grant deed and aerial photo in Exhibit 3. Town Staff and the owner negotiated the Acquisition Agreement attached as Exhibit 4. The agreement provides that the purchase price is $5,500, which is payable within ten (10) days of receipt of the executed documents. The agreement also states that
the Town will resurface the asphalt paving within the easement area. Town Staff estimates that
the cost of resurfacing this section of paving to be less than $1,500. The owner has approved the agreement as to form, however, at the time of preparation of this staff report the owner had not yet signed the agreement.
The easement on 700 Tiburon Boulevard is over a portion of an area that is currently used as an
access from Tiburon Boulevard to the Old Rail Trail. The total area of the easement is approximately 1,584 square feet and is depicted in the grant deed and aerial photo in Exhibit 5. Town Staff and the owner negotiated the Acquisition Agreement attached as Exhibit 6. The agreement provides that the purchase price is $5,500, which is payable within ten (10) days of
receipt of the executed documents. The owner has approved the agreement as to form, however,
at the time of preparation of this staff report the owner had not yet signed the agreement. FINANCIAL IMPACT
The costs of acquisition, including the eminent domain process, are funded by the assessment
district. The following table summarizes the estimated Project cost and funding.
Description Cost
Preliminary Engineering $615,000
Right of Way $275,000
Environmental $188,950 Construction Management $563,958
Construction (20% Contingency) $5,638,047
Utility Costs $1,515,218 Other Incidentals $110,000
Cost of Issuance / Financing $955,951
Total Project Cost $9,862,124
Source of Funding
Town Contributions $771,040
Total Assessment District Cost $9,091,084
Total Funding $9,862,124 Bond financing is used to fund the assessments that are not paid in full during the prepayment period. The bond sale closed on June 9, 2021.
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 4 OF 4
ENVIRONMENTAL REVIEW A mitigated negative declaration for the Project was approved by Town Council on November 15, 2017.
RECOMMENDATION
Staff recommends Town Council: 1. Consider authorizing the Town Manager to execute in substantially the form presented, the draft purchase and sale agreement related to 2 Palmer Court (APN 055-201-34).
2. Consider authorizing the Town Manager to execute in substantially the form presented,
the draft purchase and sale agreement related to 4 Palmer Court (APN 055-201-35). 3. Consider authorizing the Town Manager to execute in substantially the form presented, the draft purchase and sale agreement related to 700 Tiburon Boulevard (APN 055-201-36).
Exhibits:
1. Easement Grant Deed for 2 Palmer Court 2. Acquisition Agreement for 2 Palmer Court
3. Easement Grant Deed and Aerial Photo for 4 Palmer Court 4. Acquisition Agreement for 4 Palmer Court
5. Easement Grant Deed and Aerial Photo for 700 Tiburon Boulevard 6. Acquisition Agreement for 700 Tiburon Boulevard
Prepared By: Steven Palmer, PE, Director of Public Works / Town Engineer
EXHIBIT 1
Distribution Easement (Rev.02/2020) – Modified 6/9/2021 RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY 245 Market Street, N10A, Room 1015 P.O. Box 770000
San Francisco, California 94177
Location: City/Uninc______________________ Recording Fee $_____________________________ Document Transfer Tax $ __________ [ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911). [ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale [ ] Exempt from the fee per GC 27388.1 (a) (2); This document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2401-06-EASEMENT DEED
PM# 31320249
BEN ARGOV and BRYN ARGOV, husband and wife,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, install, replace (of initial or any other size), remove, maintain, inspect and use facilities of
the type hereinafter specified, together with a right of way therefor, within the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the Town of Tiburon, County of Marin, State of California, described as follows:
(APN 055-201-34)
The parcel of land described and designated PARCEL TWO in the deed from Douglas K. McVickar and Nancy McVickar, husband and wife to Ben Argov and Bryn Argov dated June 8, 2011 and recorded as Document Number 2011-0029440, Marin County Records.
The facilities and easement area are described as follows:
Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical
conductors; underground switches, fuses, terminals, and transformers; and fixtures and appurtenances necessary to any and all thereof, as Grantee deems necessary for the distribution of electric energy and communication purposes located within the strip of land described as follows:
A strip of land of the uniform width of 10 feet lying contiguous to and southeasterly of the general
northwesterly boundary line of said lands and extending from the easterly boundary line of said lands westerly 10.00 feet (measured along said northwesterly boundary line).
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall
have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the
Distribution Easement Rev. (02/2020) facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement
area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or
construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.
Grantor further grants to Grantee the right to apportion to another public utility or cable television corporation (as defined in Section 216 and 216.4 of the California Public Utilities Code) the right to construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.
The legal description herein, or the map attached hereto, defining the location of this utility distribution
easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and Professions Code.
This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.
Dated: __________________, _______.
_________________________________ Ben Argov _________________________________ Bryn Argov
Distribution Easement Rev. (02/2020)
State of California County of ) On __________________________, before me, Notary Public, Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER [ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s) [ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
Applicant:
SECTION TOWNSHIP RANGE
PLAT MAP
REFERENCES
MERIDIAN
DATESCALE
CITY OF:
DRAWING NO.AUTHORIZDIVISIONPG&E
COUNTY OF:
F.B.: DR.BY: CH.BY: KXJM DAK8
31320249VV-3401
(36)
1"=40'
(1N)(6W)(MDBM)
MARIN TIBURON
NORTH BAY
(NW of NW)
RANCHO CORTE MADERA DEL PRESIDIO
UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG BOUNDARIES OR LINES
055-171-13
A.P.N.
6 M 674
(
A
T
O
W
N
R
O
A
D
)
SOMMERS COURT
P
A
L
M
E
R
C
O
U
R
T
29 OS 83
055-201-01
A.P.N.
(PRIVATE)
6 M 67510'
2012 M 9
055-201-35
A.P.N.
2 PALMER COURT, TIBURON
6 M 67; 29 OS 83, 2012 M 9
APN: 055-201-34
Marin County Records
PARCEL ONE, TWO
Doc. No. 2011-0029440
Deed Dated June 8, 2011
BRYN ARGOV
BEN ARGOV and
TW
OPARCEL 10'
(AREA= 89±SQFT)
PG&E EASEMENT DETAIL
ONEPARCEL
CONCURENTLY)
(TO BE ACQUIRED
PG&E EASEMENTS
6/9/21
31320249F REV1
Distribution Easement Rev. (02/2020) Attach to LD: 2401-06- Area, Region or Location: 7 Land Service Office: Santa Rosa
Line of Business: Electric Distribution (43) Business Doc Type: Easements MTRSQ: (24.01.06.36.44) Rancho: Corte Madera Del Presidio FERC License Number: N/A
PG&E Drawing Number: 31320249F REV1 Plat No.: VV-3401 LD of Affected Documents: N/A LD of Cross Referenced Documents: N/A Type of interest: Communication Easements (6), Electric Underground Easements (4)
SBE Parcel: N/A % Being Quitclaimed: N/A Order or PM: 31320249 JCN: N/A
County: Marin
Utility Notice Number: N/A 851 Approval Application No: N/A ;Decision: N/A Prepared By: KXJM Checked By: DAK8 _____
Approved By: P1A8 _____ (modified assignment clause)
Revised by: Y:\GenlSvcs\Land\R_W 2018\Marin\31320249_Hawthorne Rule 20B, Tiburon\Working Files\31320249F REV1.docx
EXHIBIT 2
1
PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT (this “Agreement”) is made and entered
into as of ________________, 2021 (the “Effective Date”), by and between Ben Argov and
Bryn Argov (“Seller”), and the Town of Tiburon, a municipal corporation (“Purchaser”). Seller and Purchaser may be referred to collectively below as “Parties”.
RECITALS
A. Seller is the owner of the land and improvements thereon, located at 2 Palmer
Court, Tiburon California 94920, APN 055-201-34, as more specifically described on Exhibit A
(the “Property”).
B. Purchaser desires to purchase from Seller for the benefit of Pacific Gas & Electric Company, a California corporation (“PG&E”), and Seller desires to convey to PG&E a non-exclusive permanent easement (“Easement”) on, over and across the approximately 89 square
foot portion of the Property adjacent to Palmer Court, which area is more specifically described
on Exhibit B (“Easement Area”), for the purpose of undergrounding existing overhead utilities as part of the Hawthorne Utility Undergrounding District Project (“Project”).
C. On March 12, 2021, Purchaser sent Seller an offer to purchase the Easement pursuant to Government Code section 7627.2(a).
NOW, THEREFORE, in consideration of the foregoing recitals and the representations,
warranties, agreements, covenants and conditions herein contained, and other good and valuable consideration, Seller and Purchaser hereby agree as follows:
AGREEMENT
1. Sale and Purchase of Easement Area. Seller agrees to sell to Purchaser and
convey the Easement to PG&E, and Purchaser agrees to purchase the Easement from Seller on
the terms and conditions set forth herein.
2. Purchase Price. The purchase price (the “Purchase Price”) for the Easement shall be Five Thousand Dollars ($5,000), payable by Purchaser to Seller within ten (10) days of Purchaser’s receipt of the documents listed in Paragraph 3 below.
3. Conveyance of Easement. Within five (5) days of execution of this Agreement,
Seller shall execute, acknowledge where appropriate, and deliver to Purchaser at the address provided in Paragraph 11 below each of the following instruments and documents:
(a) The Non-Foreign Transferor Declaration in the form of Exhibit C;
(b) The Easement Deed in the form of Exhibit D (“Easement Deed”); and
(c) Such other documents or instruments as may reasonably be required of
Seller to effect the transactions contemplated in this Agreement.
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Purchaser shall promptly upon receipt of such documents execute, acknowledge and record the Grant of Easement.
4. Use of the Easement Area and Facilities.
(a) PG&E shall have the right, pursuant to the Easement Deed, from time to time to excavate for, construct, reconstruct, install, replace (of initial or any other size), remove, maintain, inspect and use facilities of the type hereinafter specified, together with a right of way therefor, within the Easement Area as hereinafter set forth, and also ingress thereto and egress
therefrom, over and across the lands of Seller. Purchaser shall provide Seller at least ten (10)
business days’ written notice prior to commencement of construction. Additionally, Purchaser will require Purchaser’s contractor (the “Contractor”) to maintain access to the existing driveway on Seller’s Property. If access to the driveway will be restricted for an extended period of time, Purchaser will notify, or will require Contractor to notify, Seller in writing at least five
(5) business days and again forty-eight (48) hours in advance of the commencement of work that
will result in such restricted access. Purchaser shall require Contractor to avoid damage to existing facilities and landscaping on Seller’s Property. Any damage to such facilities or landscaping will be reasonably restored, at no cost to Seller.
(b) Pursuant to the Easement Deed, the facilities and Easement Area shall
include the following: Such underground conduits, pipes, manholes, service boxes, wires,
cables, and electrical conductors; underground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as PG&E deems necessary for the distribution of electric energy and communication purposes located within the Easement Area (the “Facilities”).
(c) Seller shall grant to PG&E, pursuant to the Easement Deed, the right, from
time to time, to trim or to cut down, without Purchaser paying compensation, any and all trees and brush now or hereafter within said Easement Area, and shall grant the further right, from time to time, to trim and cut down trees and brush along each side of the Easement Area which now or hereafter in the opinion of PG&E may interfere with or be a hazard to the Facilities
installed hereunder, or as PG&E deems necessary to comply with applicable state or federal
regulations.
(d) Seller shall grant to PG&E, pursuant to the Easement Deed, the right to use such portion of Seller’s lands contiguous to the Easement Area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal,
maintenance and inspection of the Facilities.
(e) Seller covenants and agrees, pursuant to the Easement Deed, not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within the Easement Area, or diminish or substantially add to the ground level within said
Easement Area, or construct any fences that will interfere with the maintenance and operation of
the Facilities.
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(f) Seller shall further grant to PG&E, pursuant to the Easement Deed, the right to apportion to another public utility (as defined in Section 216 of the California Public
Utilities Code) the right to construct, reconstruct, replace, remove, maintain, inspect, and use the
communications facilities within Easement Area including ingress thereto and egress therefrom.
(g) If Seller finds that a change in the location of the Easement is necessary, Seller shall first grant PG&E a suitable new easement acceptable to the PG&E and Purchaser, and Seller shall pay the full costs of relocating the Easement and the Facilities located within the
Easement Area.
(h) Seller reserves the right to use the Easement Area for any and all purposes that will not interfere with PG&E’s use of the Easement Area and operation of the Facilities. Provided that there is no interference with PG&E’s use of the Easement Area and operation of the Facilities, Seller may grant additional easements to owners of properties adjacent to the
Easement Area for uses including but not limited to ingress and egress.
5. Seller’s Waiver of Property Rights and Interests.
(a) Upon receipt by Seller of the Purchase Price, Seller for itself and for its agents, successors and assigns fully releases, acquits and discharges Purchaser and its officers, officials, council members, employees, attorneys, accountants, insurers, and agents, and all
entities, boards, commissions, and bodies related to any of them from all claims that Seller, its
agents, successors and assigns has or may have arising out of or related to Purchaser’s acquisition of the Easement Area including, without limitation, all of Seller’s property rights and interests in the Easement Area, including but not limited to (i) any improvements, including improvements pertaining to the realty, furniture, fixture, and equipment, (ii) business goodwill
and lost income (past or future) relating to the Property, (iii) relocation benefits, (iv) severance
damages, (v) economic or consequential damages, (vi) professional consultant fees and attorney’s fees and costs, and (vii) all other costs, and any and all compensable interests, and/or damages, and/or claims, of any kind and nature, claimed or suffered, by Seller, its agents, successors and assigns by reason of Purchaser’s acquisition of the Easement Area.
In connection with this Paragraph 5, Seller expressly waives all rights
under California Civil Code Section 1542, which provides that:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.”
(Seller’s Initials) [____________]
(b) Seller acknowledges that Purchaser is relying on Seller’s representation and warranty that Purchaser has not executed any leases, tenancies, subleases, or occupancy
agreements affecting the Easement Area (“Seller’s Occupancy Representation”). In the event
that Seller’s Occupancy Representation is untrue, then without limiting Purchaser’s recourse for Seller’s breach of Seller’s Occupancy Representation, if any tenants or occupants shall be
4
entitled to relocation benefits, Seller shall have the sole and exclusive responsibility for providing all such relocation benefits and paying all relocation costs required to comply with all
applicable federal and state laws, rules, and regulations and satisfying all claims of such parties.
Seller hereby agrees to indemnify, defend, protect and hold the Town of Tiburon and its officers, officials, council members, employees, attorneys, accountants, insurers, and agents, and all entities, boards, commissions, and bodies related to any of them, harmless from and against any claims arising out of its breach of the Seller’s Occupancy Representation.
6. Warranties, Representations, and Covenants of Seller. Except as expressly set
forth and disclosed in the Property Documents, Seller hereby warrants, represents, and/or covenants to Purchaser that:
(a) Pending Claims. To the best of Seller’s knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Easement Area or any
portion thereof, at law, or in equity before any court or governmental agency.
(b) Encroachments. To the best of Seller’s knowledge, there are no encroachments onto the Easement Area by improvements on the Property, nor do any improvements located on the Easement Area encroach on adjacent property.
(c) Seller’s Title. Seller shall not intentionally do anything which would
impair Seller’s title to the Easement Area without Purchaser’s prior written consent, which
consent may be withheld in Purchaser’s sole and absolute discretion.
(d) Authority. Seller is the owner of and has the full right, power, and authority to sell to Purchaser and convey and grant to PG&E the Easement Area as provided herein and to carry out Seller’s obligations hereunder.
(e) Condition of Easement Area. To the best of Seller’s knowledge, there are
no substances, materials or conditions on the Easement Area that qualify as a Hazardous Material (as defined below) or otherwise violate any Environmental Law (as defined below). For the purposes of this Agreement, the following items have the following meanings:
(i) “Environmental Law” means any law, statute, ordinance or
regulation pertaining to health, industrial hygiene or the environment including, without
limitation, CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980) and RCRA (Resources Conservation and Recovery Act of 1976).
(ii) “Hazardous Material” means any substance, material or waste which is or becomes designated, classified or regulated as being “toxic” or “hazardous” or a
“pollutant” or which is or becomes similarly designated, classified or regulated, under any
Environmental Law, including asbestos, petroleum and petroleum products.
To the extent that Purchaser discovers Hazardous Materials on or under the Easement Area subsequent to conveyance of the Easement pursuant to Paragraph 3 above (“Conveyance”), the Parties understand and agree that Purchaser shall have no responsibility for environmental
remediation.
5
Seller’s covenant set forth in this Paragraph 6 shall survive the Conveyance.
7. Warranties, Representations, and Covenants of Purchaser. Purchaser hereby
represents, warrants and covenants to Seller that Purchaser has all requisite power and authority
to execute and deliver this Agreement and to consummate the transactions contemplated hereby pursuant to the terms and conditions hereof. Purchaser’s covenant set forth in this Paragraph 7 shall survive the Conveyance.
8. Expenses. Each Party agrees to pay its own expenses (including the fees and
expenses of its own attorneys, accountants and other advisers) in connection with negotiating this
Agreement and any related agreements, obtaining any required approvals and otherwise preparing for the Conveyance. The Parties agree to cooperate with one another to prepare and file, or cause to be prepared and filed, with the relevant governmental authorities all transfer tax returns, affidavits and other similar instruments, if any, required in connection with the payment
of the foregoing expenses. The provisions of this Paragraph 8 shall survive the Conveyance.
9. Seller’s Indemnification. Seller hereby agrees to indemnify, hold harmless and defend Purchaser from and against any and all demands, losses, damages, claims, costs and expenses and any other liability whatsoever, including, without limitation, reasonable accountants’ and attorneys’ fees, charges and costs (i) incurred by Purchaser by reason of
Seller’s breach of any covenants, representations or warranties of Seller contained in this
Agreement or (ii) relating to or arising from Seller’s ownership, management or use of the Easement Area prior to the Conveyance. Seller’s obligations set forth in this Paragraph 9 shall survive the Conveyance.
10. Purchaser’s Indemnification. Purchaser hereby agrees to indemnify, hold
harmless and defend Seller from and against all losses, damages, claims, costs and expenses and
any other liability whatsoever, including, without limitation, reasonable accountants’ and attorneys’ fees, charges and costs incurred by Seller by reason of Purchaser’s breach of any covenants, representations and warranties of Purchaser contained in this Agreement; provided, however, this covenant shall not apply in those instances where such losses, damages, claims,
costs and expenses and any other liabilities are caused by the negligence of Seller. Purchaser’s
obligations set forth in this Paragraph 10 shall survive the Conveyance.
11. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by fax or email, reputable overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and shall
be deemed received upon the earlier of: (i) if personally delivered, the date of delivery to the
address of the person to receive such notice; (ii) if mailed, three (3) business days after the date of posting by the United States post office; or (iii) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; or (iv) if sent by facsimile or email, with the original sent on the same day by overnight courier, the date on which
the facsimile or email is received, provided it is before 5:00 P.M. Pacific Time. Notice of
change of address shall be given by written notice in the manner described in this Paragraph 11. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or
6
communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:
If to Seller: Ben Argov and Bryn Argov
2 Palmer Court Tiburon, CA 94920 Telephone: (___) ___-____ Facsimile: (___) ___-____
Email: ________________
with a copy to: _________________ _________________ _________________ Telephone: (___) ___-____
Facsimile: (___) ___-____
Email: _________________
If to Purchaser: Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920
Attention: Town Manager
Telephone: (415) 435-7373 Facsimile: (___) ___-____ Email: gchanis@townoftiburon.org
with a copy to: Burke, Williams & Sorensen, LLP
181 Third Street, Suite 200
San Rafael, CA 94901 Attention: Benjamin Stock, Esq. Telephone: (415) 755-2600 Facsimile: (415) 482-7542
Email: bstock@bwslaw.com
12. Miscellaneous.
(a) Entire Agreement. This Agreement contains all of the covenants, conditions and agreements between the Parties and shall supersede all prior correspondence, agreements and understandings, both oral and written.
(b) Mediation. All claims, controversies, disputes, or causes of action which
arise out of or relate to this Agreement, but not including any cause of action for injunctive relief, shall first be submitted to mediation if the dispute cannot be settled through direct discussions between the parties. Notwithstanding the foregoing to the contrary, without first initiating mediation, any party may bring an action in court for a temporary restraining order,
preliminary injunction, and permanent injunction for any alleged breach or anticipated breach by
any party of the provisions of this Agreement. The parties agree to first attempt to settle the dispute through mediation before a mutually acceptable mediator. The mediation shall be
7
conducted in Marin County, California. The parties shall jointly agree and select a mediator within thirty (30) days after either party delivers notice to the other that there is a dispute and
requests mediation. The notice shall generally describe the nature and factual basis for the
dispute and set forth a request for mediation. If the parties cannot mutually agree on a mediator within the thirty (30) day period, then either party may apply to have the mediator appointed by the California Superior Court for Marin County. The mediator shall be an active or retired lawyer licensed (or previously licensed if retired) in California or retired judge and have at least
fifteen (15) years’ experience in California concerning the subject matter of the dispute. The
cost of the mediator and any facilities for the mediation shall be divided equally between the parties. The mediator’s fee and the cost of the facility shall be paid as required by the mediator. The failure of any party to pay the fees for the mediator and the facility within ten (10) days after receipt of written request from the mediator for payment shall be deemed and construed to
constitute a refusal to mediate by that party, and in such event that party shall not be entitled to
recover any attorney fees or costs if that party is the prevailing party in any subsequent arbitration or litigation. All parties shall be present at the mediation. If a party fails to attend the first two mutually agreed scheduled dates for the mediation, then that party shall not be entitled to recover any attorney fees or costs if that party is the prevailing party in any subsequent
arbitration or litigation. Each party may have their legal counsel present at the mediation. Each
party shall pay its own attorneys' fees concerning the mediation. Any disputes that are submitted to mediation and remain unresolved forty-five (45) days after such submission may be litigated by filing a lawsuit in the California Superior Court for Marin County, California.
(c) Attorneys’ Fees. Should either party employ attorneys to enforce any of
the provisions hereof or to protect its interest in any manner arising under this Agreement, or to
recover damages for breach of this Agreement, or to enforce any judgment relating to this Agreement and the transaction contemplated hereby, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.
(d) Governing Law. This Agreement shall be governed in all respects by and
construed in accordance with the laws of the State of California.
(e) Further Assurances. Seller or Purchaser shall promptly perform, execute and deliver or cause to be performed, executed and/or delivered at or after the Conveyance any and all acts, deeds and assurances as either Party may reasonably require in order to carry out the intent and purpose of this Agreement.
(f) Counterparts; Electronic copies. This Agreement may be executed in one
or more counterparts, and all the counterparts shall constitute one and the same agreement. Duly executed counterparts of this Agreement delivered by email or fax shall be deemed originals for all purposes.
(g) Nonwaiver. No delay or omission in the exercise of any right or remedy
accruing to Seller or Purchaser upon any breach under this Agreement shall impair such right or
remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. The waiver by Seller or Purchaser of any breach of any term, covenant or condition herein stated shall not be deemed to be a waiver of any other term, covenant or condition.
8
(h) Captions. Paragraph titles or captions contained herein are inserted as a matter of convenience and for reference, and in no way define, limit, extent or describe the scope
of this Agreement.
(i) Brokers. The Parties represent and warrant to each other that no broker or finder was instrumental in arranging or bringing about this transaction and that there are no claims or rights for brokerage commissions or finder’s fees in connection with the transactions contemplated by this Agreement. If any person brings a claim for a commission or finder’s fee
based upon any contact, dealings or communication with Purchaser or Seller, then the party
through whom such person makes his claim shall defend the other party (the “Indemnified Party”) from such claim, and shall indemnify the Indemnified Party and hold the Indemnified Party harmless from any and all costs, damages, claims, liabilities or expenses (including, without limitation, reasonable attorneys’ fees and disbursements) incurred by the Indemnified
Party in defending against the claim. The provisions of this Paragraph 12(h) shall survive the
Conveyance or, if the purchase and sale is not consummated, any termination of this Agreement.
(j) Survival. Any covenants, agreements, and indemnifications that this Agreement does not require to be fully performed prior to the Conveyance shall survive the Conveyance and shall be fully enforceable after the Conveyance in accordance with their terms.
(k) Time of Essence. Time is of the essence of each provision of this
Agreement.
(l) Drafts Not An Offer. The Parties agree that the submission of a draft of this Agreement by one Party to another is not intended by either Party to be an offer to enter into a legally binding contract with respect to the purchase and sale of the Property pursuant to the
terms of this Agreement. The parties shall be legally bound with respect to the purchase and sale
of the Easement Area pursuant to the terms of this Agreement only if (i) Seller and the Town Manager of Tiburon (on behalf of Purchaser) have fully executed and delivered to each other a counterpart of this Agreement, and (ii) the Town Council of Tiburon has approved this Agreement at a public meeting by adoption of a resolution or minute action Seller agrees that
this offer shall be not be revoked for a period of thirty (30) days following presentation to
Purchaser by Seller.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
[SIGNATURES ON FOLLOWING PAGE]
9
SELLER:
Ben Argov
ed
Bryn Argov
ed
PURCHASER:
Town of Tiburon, a municipal corporation ATTEST:
By:
By: Greg Chanis, Town Manager
Lea Stefani, Town Clerk
APPROVED AS TO FORM:
By:
Benjamin Stock, Town Attorney
Exhibit A 1
SF #4830-0152-7016 v1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
The parcel of land described and designated PARCEL TWO in the deed from Douglas K. McVickar and Nancy McVickar, husband and wife to Ben Argov and Bryn Argov dated June 8, 2011 and recorded as Document Number 2011-0029440, Marin County Records.
Exhibit B 1
EXHIBIT B
DESCRIPTION OF THE EASEMENT AREA
Exhibit B 2
Exhibit C 1
EXHIBIT C
FIRPTA AFFIDAVIT
Section 1445 of the Internal Revenue Code of 1954, as amended (“Code”), provides that
a transferee of a U. S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U. S. real property interest by Ben Argov and Bryn Argov, the undersigned hereby certifies the following:
1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, or
foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder);
2. The Transferor’s U. S. employer identification number or social security number is ________________________.
3. The Transferor’s office/home address or mailing address is 4 Palmer Court,
Tiburon, CA 94920.
The Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.
Under penalty of perjury the undersigned declares that he/she has examined this
Certification and to the best of his/her knowledge and belief it is true, correct, and complete, and further declares that he/she has authority to sign this document on behalf of the Transferor.
Date: ________________, 2021 By: ______________________________ Ben Argov
______________________________ Bryn Argov
EXHIBIT D 1
EXHIBIT D
EASEMENT DEED
EXHIBIT 3
Distribution Easement (Rev.02/2020) – Modified 7/8/2021 RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY 245 Market Street, N10A, Room 1015 P.O. Box 770000
San Francisco, California 94177
Location: City/Uninc______________________ Recording Fee $_____________________________ Document Transfer Tax $ __________ [ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911). [ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale [ ] Exempt from the fee per GC 27388.1 (a) (2); This document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2401-06- EASEMENT DEED
PM# 31320249
JUDY L. BELL, as trustee of the Judy L. Bell Revocable Living Trust under agreement dated February 26, 1993, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct,
reconstruct, install, replace (of initial or any other size), remove, maintain, inspect and use facilities of the type hereinafter specified, together with a right of way therefor, within the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the Town of Tiburon, County of Marin, State of California, described as follows:
(APN 055-201-35)
The parcel of land described and designated PARCEL THREE in the deed from Judy L. Bell to Judy L. Bell, trustee dated April 26, 1993 and recorded as Document Number 93-040780, Marin County Records.
The facilities and easement area are described as follows:
Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground switches, fuses, terminals, and transformers; and fixtures and appurtenances necessary to any and all thereof, as Grantee deems necessary for the distribution of electric energy and communication purposes located within the strip of land described as follows:
A strip of land of the uniform width of 10 feet lying contiguous to and southeasterly of the northwesterly boundary line of said lands and extending from the westerly boundary line of said lands northeasterly approximately 42 feet to the southwesterly boundary line of Palmer Court, a town road.
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee
paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said
Distribution Easement Rev. (02/2020) easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities. Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or
construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities. Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.
The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and Professions Code. This document may be executed in multiple counterparts, each of which shall be deemed an original,
but all of which, together, shall constitute one and the same instrument.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated: __________________, _______.
JUDY L. BELL, as trustee of the Judy L. Bell Revocable Living Trust under agreement dated February 26, 1993
_________________________________ Judy L. Bell, Trustee
Distribution Easement Rev. (02/2020)
State of California County of ) On __________________________, before me, Notary Public, Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER [ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s) [ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
Applicant:
SECTION TOWNSHIP RANGE
PLAT MAP
REFERENCES
MERIDIAN
DATESCALE
CITY OF:
DRAWING NO.AUTHORIZDIVISIONPG&E
COUNTY OF:
F.B.: DR.BY: CH.BY: KXJM DAK8
31320249VV-3401
(36)
1"=40'
(1N)(6W)(MDBM)
MARIN TIBURON
NORTH BAY 31320249E
(NW of NW)
RANCHO CORTE MADERA DEL PRESIDIO
UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG BOUNDARIES OR LINES
055-171-13
A.P.N.
6 M 674
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SOMMERS COURT
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29 OS 83
055-201-01
A.P.N.
(PRIVATE)
(AREA= 435±SQFT)
PG&E EASEMENT
CONCURENTLY)
(TO BE ACQUIRED
PG&E EASEMENTS
6 M 675
10'23.35'18.40'±
PARCEL ONE
P A R C
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O
2012 M 9
055-201-34
A.P.N.
4 PALMER COURT, TIBURON
6 M 67; 29 OS 83, 2012 M 9
APN: 055-201-35
Marin County Records
PARCEL ONE, TWO, THREE
Doc. No. 93-040780
Deed Dated April 26, 1993
JUDY L. BELL, trustee
THREEPARCEL
6/18/2020
Distribution Easement Rev. (02/2020) Attach to LD: 2401-06- Area, Region or Location: 7 Land Service Office: Santa Rosa
Line of Business: Electric Distribution (43) Business Doc Type: Easements MTRSQ: (24.01.06.36.44) Rancho: Corte Madera Del Presidio FERC License Number: N/A
PG&E Drawing Number: 31320249E Plat No.: VV-3401 LD of Affected Documents: N/A LD of Cross Referenced Documents: N/A Type of interest: Communication Easements (6), Electric Underground Easements (4)
SBE Parcel: N/A % Being Quitclaimed: N/A Order or PM: 31320249 JCN: N/A
County: Marin
Utility Notice Number: N/A 851 Approval Application No: N/A ;Decision: N/A Prepared By: KXJM Checked By: DAK8 _____
Approved By: P1A8 _____
Revised by: Y:\GenlSvcs\Land\R_W 2018\Marin\31320249_Hawthorne Rule 20B, Tiburon\Working Files\31320249E REV1.docx
31320249 HAWTHORNE R20B
EASEMENT E
Legend
100 ft
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EXHIBIT 4
EXHIBIT 5
Distribution Easement (Rev.02/2020) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY 245 Market Street, N10A, Room 1015 P.O. Box 770000
San Francisco, California 94177
Location: City/Uninc______________________ Recording Fee $_____________________________ Document Transfer Tax $ __________ [ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911). [ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale [ ] Exempt from the fee per GC 27388.1 (a) (2); This document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2401-06- EASEMENT DEED
PM# 31320249
BELVEDERE TENNIS CLUB, a non-profit corporation, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, install, replace (of initial or any other size), remove, maintain, inspect and use facilities of
the type hereinafter specified, together with a right of way therefor, within the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the Town of Tiburon, County of Marin, State of California, described as follows: (APN 055-201-36)
“LANDS OF BELVEDERE TENNIS CLUB” shown upon the Record of Survey Map filed for record August 1, 2007 in Book 2007 of Maps at page 156, Marin County Records.
The facilities and easement area are described as follows:
Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses,
terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as Grantee deems necessary for the distribution of electric energy and communication purposes located within the strip of land described as follows:
A strip of land of the uniform width of 20 feet extending from the southwesterly boundary line of Tiburon Boulevard, also known as State Highway 131, southwesterly to the northeasterly
boundary line of the parcel of land described in the deed from Northwestern Pacific Railroad Company, formerly the San Francisco and San Rafael Railroad Company, a corporation to City of Tiburon, a municipal corporation of the State of California, dated January 4, 1971 and recorded in Book 2429 of Official Records at page 428, Marin County Records, and lying 10 feet on each side of the following described line:
Beginning at a point on said southwesterly boundary line of and running thence
Distribution Easement Rev. (02/2020) (1) south 22° 51' 32" east 25.00 feet, more or less, to a point that bears south 04° 25' 18" west 329.25 feet distant from the found monument marking the southeasterly terminus of the centerline of Hawthorne Drive, a town road, (for identification only, said course as shown on the Map of Hawthorne Terrace filed for record in Book 6 of Maps at page 22, Marin
County Records, has a bearing of S 31° 24’ E and a length of 372.024 feet) thence (2) south 18° 06' 23" east 28.25 feet; thence (3) south 05° 02' 06" east 19.00 feet, more or less,
to a point in said northeasterly boundary line; the sidelines of said strip shall be lengthened or shortened to terminate in said southwesterly boundary line of Tiburon Boulevard and said northeasterly boundary line.
The foregoing descriptions is based on a survey made by Grantee in May 2020. The basis of bearings used is based on a course in the northwesterly boundary line of said lands which course according to the Record of Survey filed for record in Book 6 of Maps at page 22, Marin County Records, has a bearing of South 31° 24’ East and a distance of 372.024 feet.
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the
facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal
regulations. Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction,
replacement, removal, maintenance and inspection of said facilities.
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add
to the ground level within said easement area, or construct any fences that will interfere with the
maintenance and operation of said facilities. Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom. The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and Professions Code.
This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
Distribution Easement Rev. (02/2020) The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. Dated: __________________, _______.
BELVEDERE TENNIS CLUB, a non-profit corporation
_________________________________ _________________________________
By By _________________________________ _________________________________ Print Name Print Name
_________________________________ Print Title _________________________________ Print Title
Distribution Easement Rev. (02/2020)
State of California County of ) On __________________________, before me, Notary Public, Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER [ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s) [ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
Applicant:
SECTION TOWNSHIP RANGE
PLAT MAP
REFERENCES
MERIDIAN
DATESCALE
CITY OF:
DRAWING NO.AUTHORIZDIVISIONPG&E
COUNTY OF:
F.B.: DR.BY: CH.BY: KXJM DAK8
31320249VV-3402
(36)(1N)(6W)(MDBM)
MARIN TIBURON
NORTH BAY 31320249H
(NE of NW)
RANCHO CORTE MADERA DEL PRESIDIO
UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG BOUNDARIES OR LINES
(A TO
WN ROAD)
HA
WTHORNE DRIVE
055-201-21
A.P.
N.
6 M 29; 2003 M 129
700 TIBURON BLVD., TIBURON 1"=100'7/14/2020
1 OF 2
SHEET
(A TOWN ROAD)
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(TYP)PER 6M22
MONUMENTFOUND
ROCK HILL DRIVE6
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055-161-18
A.P.
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TO BE ACQUIRED CONCURRENTLY
PG
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SHEET 2
SEE DETAIL
APN: 055-201-36
Marin County Records
Book 1292 Official Records page 15
Deed Dated June 23, 1959
BELVEDERE TENNIS CLUB
2007
M 156
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N.T.S.
Applicant:
SECTION TOWNSHIP RANGE
PLAT MAP
REFERENCES
MERIDIAN
DATESCALE
CITY OF:
DRAWING NO.AUTHORIZDIVISIONPG&E
COUNTY OF:
F.B.: DR.BY: CH.BY: KXJM DAK8
31320249VV-3402
(36)(1N)(6W)(MDBM)
MARIN TIBURON
NORTH BAY 31320249H
(NE of NW)
UNLESS OTHERWISE SHOWN ALL COURSES EXTEND TO OR ALONG BOUNDARIES OR LINES
6 M 29; 2003 M 129
700 TIBURON BLVD., TIBURON 1"=100'7/14/2020
2 OF 2
SHEET
T
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S
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NOT TO SCALE
PG&E EASEMENT DETAIL
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STRIP DETAIL
10'10'
Distribution Easement Rev. (02/2020) Attach to LD: 2401-06- Area, Region or Location: 7 Land Service Office: Santa Rosa
Line of Business: Electric Distribution (43) Business Doc Type: Easements MTRSQ: (24.01.06.36.44) Rancho: Corte Madera Del Presidio FERC License Number: N/A
PG&E Drawing Number: 31320249H Plat No.: VV-3401 LD of Affected Documents: N/A LD of Cross Referenced Documents: N/A Type of interest: Communication Easements (6), Electric Underground Easements (4)
SBE Parcel: N/A % Being Quitclaimed: N/A Order or PM: 31320249 JCN: N/A
County: Marin
Utility Notice Number: N/A 851 Approval Application No: N/A ;Decision: N/A Prepared By: KXJM Checked By: DAK8 _____
Approved By:
Revised by: Y:\GenlSvcs\Land\R_W 2018\Marin\31320249_Hawthorne Rule 20B, Tiburon\Working Files\31320249H.docx
31320249
EASEMENT H
Legend
400 ft
N
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EXHIBIT 6
SF #4836-3683-9654 v2 1
PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT (this “Agreement”) is made and entered
into as of ________________, 2021 (the “Effective Date”), by and between the Belvedere
Tennis Club, a California corporation (“Seller”), and the Town of Tiburon, a municipal corporation (“Purchaser”). Seller and Purchaser may be referred to collectively below as “Parties”.
RECITALS
A. Seller is the owner of the land and improvements thereon, located at 700 Tiburon
Blvd., Tiburon California 94920, APN 055-201-36, as more specifically described on Exhibit A (the “Property”).
B. Purchaser desires to purchase from Seller for the benefit of Pacific Gas & Electric Company, a California corporation (“PG&E”), and Seller desires to convey to PG&E a non-
exclusive permanent easement (“Easement”) on, over and across the approximately 1,584
square foot portion of the Property adjacent to Tiburon Boulevard, which area is more specifically described on Exhibit B (“Easement Area”), for the purpose of undergrounding existing overhead utilities as part of the Hawthorne Utility Undergrounding District Project (“Project”).
C. On March 12, 2021, Purchaser sent Seller an offer to purchase the Easement
pursuant to Government Code section 7627.2(a).
NOW, THEREFORE, in consideration of the foregoing recitals and the representations, warranties, agreements, covenants and conditions herein contained, and other good and valuable consideration, Seller and Purchaser hereby agree as follows:
AGREEMENT
1. Sale and Purchase of Easement Area. Seller agrees to sell to Purchaser and convey the Easement to PG&E, and Purchaser agrees to purchase the Easement from Seller on the terms and conditions set forth herein.
2. Purchase Price. The purchase price (the “Purchase Price”) for the Easement
shall be Five Thousand Dollars ($5,000), payable by Purchaser to Seller within ten (10) days of
Purchaser’s receipt of the documents listed in Paragraph 3 below.
3. Conveyance of Easement. Within five (5) days of execution of this Agreement, Seller shall execute, acknowledge where appropriate, and deliver to Purchaser at the address provided in Paragraph 11 below each of the following instruments and documents:
(a) The Non-Foreign Transferor Declaration in the form of Exhibit C;
(b) The Easement Deed in the form of Exhibit D (“Easement Deed”); and
SF #4836-3683-9654 v2 2
(c) Such other documents or instruments as may reasonably be required of Seller to effect the transactions contemplated in this Agreement.
Purchaser shall promptly upon receipt of such documents execute, acknowledge
and record the Grant of Easement.
4. Use of the Easement Area and Facilities.
(a) PG&E shall have the right, pursuant to the Easement Deed, from time to time to excavate for, construct, reconstruct, install, replace (of initial or any other size), remove,
maintain, inspect and use facilities of the type hereinafter specified, together with a right of way
therefor, within the Easement Area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Seller.
(b) Pursuant to the Easement Deed, the facilities and Easement Area shall include the following: Such underground conduits, pipes, manholes, service boxes, wires,
cables, and electrical conductors; aboveground marker posts, risers, and service pedestals;
underground and aboveground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as PG&E deems necessary for the distribution of electric energy and communication purposes located within the Easement Area (the “Facilities”).
(c) Seller shall grant to PG&E, pursuant to the Easement Deed, the right, from
time to time, to trim or to cut down, without Purchaser paying compensation, any and all trees and brush now or hereafter within said Easement Area, and shall grant the further right, from time to time, to trim and cut down trees and brush along each side of the Easement Area which now or hereafter in the opinion of PG&E may interfere with or be a hazard to the Facilities
installed hereunder, or as PG&E deems necessary to comply with applicable state or federal
regulations.
(d) Seller shall grant to PG&E, pursuant to the Easement Deed, the right to use such portion of Seller’s lands contiguous to the Easement Area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal,
maintenance and inspection of the Facilities.
(e) Seller covenants and agrees, pursuant to the Easement Deed, not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within the Easement Area, or diminish or substantially add to the ground level within said
Easement Area, or construct any fences that will interfere with the maintenance and operation of
the Facilities.
(f) Seller shall further grant to PG&E, pursuant to the Easement Deed, the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to construct, reconstruct, replace, remove, maintain, inspect, and use the
communications facilities within Easement Area including ingress thereto and egress therefrom.
SF #4836-3683-9654 v2 3
(g) If Seller finds that a change in the location of the Easement is necessary, Seller shall first grant PG&E a suitable new easement acceptable to the PG&E and Purchaser,
and Seller shall pay the full costs of relocating the Easement and the Facilities located within the
Easement Area.
(h) Upon the completion of the Project, Purchase shall restore as near as reasonably possible the surface of the ground to the condition in which it was prior to the commencement of the Project, including but not limited to any landscaping and the path between
Tiburon Boulevard and the bike path, all at Purchaser’s cost and expense.
5. Seller’s Waiver of Property Rights and Interests.
(a) Upon receipt by Seller of the Purchase Price, Seller for itself and for its agents, successors and assigns fully releases, acquits and discharges Purchaser and its officers, officials, council members, employees, attorneys, accountants, insurers, and agents, and all
entities, boards, commissions, and bodies related to any of them from all claims that Seller, its
agents, successors and assigns has or may have arising out of or related to Purchaser’s acquisition of the Easement Area including, without limitation, all of Seller’s property rights and interests in the Easement Area, including but not limited to (i) any improvements, including improvements pertaining to the realty, furniture, fixture, and equipment, (ii) business goodwill
and lost income (past or future) relating to the Property, (iii) relocation benefits, (iv) severance
damages, (v) economic or consequential damages, (vi) professional consultant fees and attorney’s fees and costs, and (vii) all other costs, and any and all compensable interests, and/or damages, and/or claims, of any kind and nature, claimed or suffered, by Seller, its agents, successors and assigns by reason of Purchaser’s acquisition of the Easement Area.
In connection with this Paragraph 5, Seller expressly waives all rights
under California Civil Code Section 1542, which provides that:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.”
(Seller’s Initials) [____________]
(b) Seller acknowledges that Purchaser is relying on Seller’s representation and warranty that Purchaser has not executed any leases, tenancies, subleases, or occupancy
agreements affecting the Easement Area (“Seller’s Occupancy Representation”). In the event
that Seller’s Occupancy Representation is untrue, then without limiting Purchaser’s recourse for Seller’s breach of Seller’s Occupancy Representation, if any tenants or occupants shall be entitled to relocation benefits, Seller shall have the sole and exclusive responsibility for providing all such relocation benefits and paying all relocation costs required to comply with all
applicable federal and state laws, rules, and regulations and satisfying all claims of such parties.
Seller hereby agrees to indemnify, defend, protect and hold the Town of Tiburon and its officers, officials, council members, employees, attorneys, accountants, insurers, and agents, and all
SF #4836-3683-9654 v2 4
entities, boards, commissions, and bodies related to any of them, harmless from and against any claims arising out of its breach of the Seller’s Occupancy Representation.
6. Warranties, Representations, and Covenants of Seller. Except as expressly set
forth and disclosed in the Property Documents, Seller hereby warrants, represents, and/or covenants to Purchaser that:
(a) Pending Claims. To the best of Seller’s knowledge, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Easement Area or any
portion thereof, at law, or in equity before any court or governmental agency.
(b) Encroachments. To the best of Seller’s knowledge, there are no encroachments onto the Easement Area by improvements on the Property, nor do any improvements located on the Easement Area encroach on adjacent property.
(c) Seller’s Title. Seller shall not intentionally do anything which would
impair Seller’s title to the Easement Area without Purchaser’s prior written consent, which
consent may be withheld in Purchaser’s sole and absolute discretion.
(d) Authority. Seller is the owner of and has the full right, power, and authority to sell to Purchaser and convey and grant to PG&E the Easement Area as provided herein and to carry out Seller’s obligations hereunder.
(e) Condition of Easement Area. To the best of Seller’s knowledge, there are
no substances, materials or conditions on the Easement Area that qualify as a Hazardous Material (as defined below) or otherwise violate any Environmental Law (as defined below). For the purposes of this Agreement, the following items have the following meanings:
(i) “Environmental Law” means any law, statute, ordinance or
regulation pertaining to health, industrial hygiene or the environment including, without
limitation, CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980) and RCRA (Resources Conservation and Recovery Act of 1976).
(ii) “Hazardous Material” means any substance, material or waste which is or becomes designated, classified or regulated as being “toxic” or “hazardous” or a
“pollutant” or which is or becomes similarly designated, classified or regulated, under any
Environmental Law, including asbestos, petroleum and petroleum products.
To the extent that Purchaser discovers Hazardous Materials on or under the Easement Area subsequent to conveyance of the Easement pursuant to Paragraph 3 above (“Conveyance”), the Parties understand and agree that Purchaser shall have no responsibility for environmental
remediation. Seller’s covenant set forth in this Paragraph 6 shall survive the Conveyance.
7. Warranties, Representations, and Covenants of Purchaser. Purchaser hereby represents, warrants and covenants to Seller that Purchaser has all requisite power and authority to execute and deliver this Agreement and to consummate the transactions contemplated hereby pursuant to the terms and conditions hereof.
SF #4836-3683-9654 v2 5
Purchaser’s covenant set forth in this Paragraph 7 shall survive the Conveyance.
8. Expenses. Each Party agrees to pay its own expenses (including the fees and
expenses of its own attorneys, accountants and other advisers) in connection with negotiating this
Agreement and any related agreements, obtaining any required approvals and otherwise preparing for the Conveyance. The Parties agree to cooperate with one another to prepare and file, or cause to be prepared and filed, with the relevant governmental authorities all transfer tax returns, affidavits and other similar instruments, if any, required in connection with the payment
of the foregoing expenses. The provisions of this Paragraph 8 shall survive the Conveyance.
9. Seller’s Indemnification. Seller hereby agrees to indemnify, hold harmless and defend Purchaser from and against any and all demands, losses, damages, claims, costs and expenses and any other liability whatsoever, including, without limitation, reasonable accountants’ and attorneys’ fees, charges and costs (i) incurred by Purchaser by reason of
Seller’s breach of any covenants, representations or warranties of Seller contained in this
Agreement or (ii) relating to or arising from Seller’s ownership, management or use of the Easement Area prior to the Conveyance. Seller’s obligations set forth in this Paragraph 9 shall survive the Conveyance.
10. Purchaser’s Indemnification. Purchaser hereby agrees to indemnify, hold
harmless and defend Seller from and against all losses, damages, claims, costs and expenses and
any other liability whatsoever, including, without limitation, reasonable accountants’ and attorneys’ fees, charges and costs incurred by Seller (i) by reason of Purchaser’s breach of any covenants, representations and warranties of Purchaser contained in this Agreement and/or (ii) arising out of or resulting by reason of the exercise of the rights hereby granted; provided,
however, this covenant shall not apply in those instances where such losses, damages, claims,
costs and expenses and any other liabilities are caused by the negligence of Seller. Purchaser’s obligations set forth in this Paragraph 10 shall survive the Conveyance.
11. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by fax or email, reputable overnight
courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and shall
be deemed received upon the earlier of: (i) if personally delivered, the date of delivery to the address of the person to receive such notice; (ii) if mailed, three (3) business days after the date of posting by the United States post office; or (iii) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; or (iv) if sent by
facsimile or email, with the original sent on the same day by overnight courier, the date on which
the facsimile or email is received, provided it is before 5:00 P.M. Pacific Time. Notice of change of address shall be given by written notice in the manner described in this Paragraph 11. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or
communication sent. Unless changed in accordance herewith, the addresses for notices given
pursuant to this Agreement shall be as follows:
SF #4836-3683-9654 v2 6
If to Seller: Belvedere Tennis Club 700 Tiburon Blvd.
Tiburon, CA 94920
Telephone: (___) ___-____ Facsimile: (___) ___-____ Email: _________________
with a copy to: _________________
_________________
_________________ Telephone: (___) ___-____ Facsimile: (___) ___-____ Email _________________
If to Purchaser: Town of Tiburon
1505 Tiburon Blvd. Tiburon, CA 94920 Attention: Town Manager Telephone: (415) 435-7373
Facsimile: (___) ___-____
Email: ________________
with a copy to: Burke, Williams & Sorensen, LLP 181 Third Street, Suite 200 San Rafael, CA 94901
Attention: Benjamin Stock, Esq.
Telephone: (415) 755-2600 Facsimile: (415) 482-7542 Email: bstock@bwslaw.com
12. Miscellaneous.
(a) Entire Agreement. This Agreement contains all of the covenants,
conditions and agreements between the Parties and shall supersede all prior correspondence, agreements and understandings, both oral and written.
(b) Attorneys’ Fees. Should either party employ attorneys to enforce any of the provisions hereof or to protect its interest in any manner arising under this Agreement, or to
recover damages for breach of this Agreement, or to enforce any judgment relating to this
Agreement and the transaction contemplated hereby, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.
(c) Governing Law. This Agreement shall be governed in all respects by and construed in accordance with the laws of the State of California.
(d) Further Assurances. Seller or Purchaser shall promptly perform, execute
and deliver or cause to be performed, executed and/or delivered at or after the Conveyance any
SF #4836-3683-9654 v2 7
and all acts, deeds and assurances as either Party may reasonably require in order to carry out the intent and purpose of this Agreement.
(e) Counterparts; Electronic copies. This Agreement may be executed in one
or more counterparts, and all the counterparts shall constitute one and the same agreement. Duly executed counterparts of this Agreement delivered by email or fax shall be deemed originals for all purposes.
(f) Nonwaiver. No delay or omission in the exercise of any right or remedy
accruing to Seller or Purchaser upon any breach under this Agreement shall impair such right or
remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. The waiver by Seller or Purchaser of any breach of any term, covenant or condition herein stated shall not be deemed to be a waiver of any other term, covenant or condition.
(g) Captions. Paragraph titles or captions contained herein are inserted as a
matter of convenience and for reference, and in no way define, limit, extent or describe the scope
of this Agreement.
(h) Brokers. The Parties represent and warrant to each other that no broker or finder was instrumental in arranging or bringing about this transaction and that there are no claims or rights for brokerage commissions or finder’s fees in connection with the transactions
contemplated by this Agreement. If any person brings a claim for a commission or finder’s fee
based upon any contact, dealings or communication with Purchaser or Seller, then the party through whom such person makes his claim shall defend the other party (the “Indemnified Party”) from such claim, and shall indemnify the Indemnified Party and hold the Indemnified Party harmless from any and all costs, damages, claims, liabilities or expenses (including,
without limitation, reasonable attorneys’ fees and disbursements) incurred by the Indemnified
Party in defending against the claim. The provisions of this Paragraph 12(h) shall survive the Conveyance or, if the purchase and sale is not consummated, any termination of this Agreement.
(i) Survival. Any covenants, agreements, and indemnifications that this Agreement does not require to be fully performed prior to the Conveyance shall survive the
Conveyance and shall be fully enforceable after the Conveyance in accordance with their terms.
(j) Time of Essence. Time is of the essence of each provision of this Agreement.
(k) Drafts Not An Offer. The Parties agree that the submission of a draft of this Agreement by one Party to another is not intended by either Party to be an offer to enter into
a legally binding contract with respect to the purchase and sale of the Property pursuant to the
terms of this Agreement. The parties shall be legally bound with respect to the purchase and sale of the Easement Area pursuant to the terms of this Agreement only if (i) Seller and the Town Manager of Tiburon (on behalf of Purchaser) have fully executed and delivered to each other a counterpart of this Agreement, and (ii) the Town Council of Tiburon has approved this
Agreement at a public meeting by adoption of a resolution or minute action Seller agrees that
this offer shall be not be revoked for a period of thirty (30) days following presentation to Purchaser by Seller.
SF #4836-3683-9654 v2 8
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
[SIGNATURES ON FOLLOWING PAGE]
SF #4836-3683-9654 v2 9
SELLER:
Belvedere Tennis Club, a California corporation
______________________ ______________________
PURCHASER:
Town of Tiburon, a municipal corporation ATTEST:
By:
By: _________________, Town Manager
___________________, Town Clerk
APPROVED AS TO FORM:
By:
Benjamin Stock, Town Attorney
Exhibit A 1
SF #4836-3683-9654 v2
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
“LANDS OF BELVEDERE TENNIS CLUB” shown upon the Record of Survey Map filed for record August 1, 2007 in Book 2007 of Maps at Page 156, Marin County Records.
Exhibit B 1
SF #4836-3683-9654 v2
EXHIBIT B
DESCRIPTION OF THE EASEMENT AREA
Exhibit B 2
SF #4836-3683-9654 v2
EXHIBIT C 1
SF #4836-3683-9654 v2
EXHIBIT C
FIRPTA AFFIDAVIT
Section 1445 of the Internal Revenue Code of 1954, as amended (“Code”), provides that
a transferee of a U. S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U. S. real property interest by Belvedere Tennis Club, as Transferor, the undersigned hereby certifies the following:
1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, or
foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder);
2. The Transferor’s U. S. employer identification number or social security number is ________________________.
3. The Transferor’s office address or mailing address is 700 Tiburon Blvd., Tiburon,
CA 94920.
The Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.
Under penalty of perjury the undersigned declares that he/she has examined this
Certification and to the best of his/her knowledge and belief it is true, correct, and complete, and further declares that he/she has authority to sign this document on behalf of the Transferor.
Date: ________________, 2021
Belvedere Tennis Club
By: ______________________________ Its: ________________________
EXHIBIT D 1 SF #4836-3683-9654 v2
EXHIBIT D
EASEMENT DEED
EXHIBIT D 2 SF #4836-3683-9654 v2
EXHIBIT D 3 SF #4836-3683-9654 v2
EXHIBIT D 4 SF #4836-3683-9654 v2
EXHIBIT D 5 SF #4836-3683-9654 v2
EXHIBIT D 6 SF #4836-3683-9654 v2
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Subject: Adopt Resolution Extending the Marin County Abandoned Vehicle Abatement Vehicle Registration Fee until April 2032
Reviewed By:
_________
Greg Chanis, Town Manager ________
Benjamin Stock, Town Attorney
SUMMARY The Council will consider extending the Marin County Abandoned Vehicle Abatement Program Fee.
RECOMMENDED ACTION(S) Adopt Resolution (Exhibit 1) extending the Marin County Abandoned Vehicle Abatement Vehicle Registration Fee until April 2023.
BACKGROUND
In October 1991, the County of Marin and cities and towns in Marin County, created the Marin County Abandoned Vehicle Abatement Program. The program was created as a “service authority” pursuant to California Vehicle Code section 22710 and is administered by the Marin
General Services Authority (MGSA).
At the time of creation, the Board of Supervisors also approved the imposition of a fee of $1 per vehicle registered in the county. The proceeds of this fee are used to reimburse service authority
members for the cost of abating abandoned vehicles based on the formula of 50% number of
vehicles abated, 45% population, and 5% geography.
The California Vehicle Code calls for the service authority fee to have a lifespan of 10 years and allows the fee to be extended in the same way it was created. To extend the service authority fee
for another 10 years, the Marin County Board of Supervisors must adopt a resolution by a two-
thirds vote, and a majority of the cities/towns that represent a majority of the incorporated population within Marin County must also adopt resolutions in favor of extending the fee.
Since the program’s creation, the Council approved two 10-year service fee extensions in 2001
and 2011. Tonight, the Council is asked to authorize a third 10-year service fee extension by
adoption of a resolution (Exhibit 1).
ANALYSIS
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting
August 4, 2021
Agenda Item: CC-12
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 2
No further analysis provided. FINANCIAL IMPACT
In Fiscal Year 2020-2021, the Town received $4,869.33 to aid in local abandoned vehicle abatement. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. 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 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 adopt the attached resolution (Exhibit 1) approving a ten-year extension of the Abandoned Vehicle Abatement Program through April 2032.
Exhibit(s): 1. Draft Resolution Extending the Vehicle Registration Fee Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
Page 1 of 1
Town Council Resolution No. XX-2021 DRAFT 08/04/2021
DRAFT RESOLUTION NO. XX-2021
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXTENDING
THE MARIN COUNTY ABANDONED VEHICLE SERVICE AUTHORITY VEHICLE
REGISTRATION FEE UNTIL APRIL 2032
WHEREAS, the Marin County Abandoned Vehicle Abatement Program (“AVAP”) Service
Authority was formed in 1991 pursuant to California Vehicle Code Section 22710; and
WHEREAS, pursuant to California Vehicle Code Section 9250.7, the Service Authority imposes a
one dollar ($1) annual service fee on motor vehicles registered to owners residing in Marin County; and
WHEREAS, existing authority to collect the one dollar ($1) AVAP service fee is set to expire in
April 2022; and
WHEREAS, California Vehicle Code Section 9250.7 has been amended to allow for a ten (10) year
extension of the AVAP service fee upon approval by two-thirds of the members of the Board of Supervisors
and subsequent confirmation by the city councils of a majority of the incorporated cities in the County
comprising a majority of the incorporated population; and
WHEREAS, the Town Council of the Town of Tiburon has previously adopted a resolution
authorizing extension of the AVAP service fee; and
WHEREAS, it is desirable to the residents of the Town of Tiburon that the AVAP vehicle
abatement program continue.
THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon confirms that
the $1 (one dollar) AVAP service fee shall be extended until April 2032.
PASSED AND ADOPTED this 4th day of August, 2021, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
HOLLI THIER, MAYOR TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Public Works
Subject: Recommendation to Allocate Fiscal Year 2021-2022 Road Maintenance and Rehabilitation Account (RMRA) Funds to the 2023 Various Streets Pavement Rehabilitation Project
Reviewed By:
_________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney
SUMMARY The Town is eligible to receive funds from the State Road Maintenance and Rehabilitation Account (RMRA), which was created by Senate Bill 1 (SB1). These funds are apportioned by
formula to the Town to use for basic road maintenance, rehabilitation, and critical safety projects on the local streets and road systems. In order to receive the RMRA funds, each year the Town must adopt a resolution identifying the projects and road segments where the funds will be used.
RECOMMENDED ACTION(S)
1.Adopt a Resolution to save the fiscal year 2021-2022 RMRA funds, estimated at$376,025, and allocate in the Capital Improvement Plan budget of fiscal year 2022-2023to fund construction of the 2023 Various Streets Pavement Rehabilitation Project.
BACKGROUND
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017. It provides additional funds for roadway maintenance.
In the upcoming 2021-22 Fiscal Year (FY), the predicted revenue to the Town is estimated at $376,025. These funds are anticipated to be allocated by the State in equal monthly payments.
One of the reporting requirements is for the Town Council to pass and adopt a Resolution on a recurring annual basis that allocates expenditure of the received funds to specific projects. Last
year, the Town Council passed and adopted Resolution No. 14-2020 (Exhibit 1) amending FY 2020-21 budget to include an additional $176,819 State Road Maintenance and Rehabilitation Account (RMRA) revenues fund construction of the 2022 Pavement Maintenance and Rehabilitation Project and Hawthorne Undergrounding Projects. Staff was instructed to submit a new resolution for the upcoming fiscal year with an updated list of projects for which RMRA
funding will be allocated. The resolution is enclosed as Exhibit 2.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: CC-13
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 2
ANALYSIS The actual amount of funding to be received is uncertain and depends on constantly changing factors such as the price of gasoline and the quantities purchased by the public. All of the received SB1 funding will be allocated towards the construction of the 2023 Various Streets
Pavement Rehabilitation Project that is anticipated to begin in the summer of 2023. Design is anticipated to begin in the Fall of 2022. FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town as there is no required local match. This grant will supplement funds allocated in the Capital Improvement Plan (CIP) budget towards the anticipated 2023 Street Paving Project at various locations in 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 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. Adopt a Resolution to save the fiscal year 2021-2022 RMRA funds, estimated at $376,025, and allocate in the Capital Improvement Plan budget of fiscal year 2022-2023 to fund construction of the 2023 Various Streets Pavement Rehabilitation
Project.
Exhibit(s): 1. Exhibit 1: Passed and adopted Resolution No. 14-2020. 2. Exhibit 2: Draft Resolution allocating and authorizing the RMRA funding Prepared By: Steven Palmer, Director of Public Works/Town Engineer David O. Eshoo, Associate Engineer
EXHIBIT 1
EXHIBIT 2
Page 1 of 3
Town Council Resolution No. XX-2021 08/04/21
RESOLUTION NO._______
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING
A LIST OF PROJECTS FOR FISCAL YEAR 2021-22 FUNDED BY SB 1: THE ROAD
REAPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor
in April 2017 to address the significant multi-modal transportation funding shortfalls statewide;
and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the
residents of our Town are aware of the projects proposed for funding in our community and which
projects have been completed each fiscal year; and
WHEREAS, the Town must adopt by resolution a list of projects proposed to receive fiscal
year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1,
which must include a description and the location of each proposed project, a proposed schedule
for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the Town, will receive an estimated $183,266 in RMRA funding in Fiscal
Year 2021-22 from SB 1; and
WHEREAS, this is the fifth year in which the Town is receiving SB 1 funding and will
enable the Town to continue essential road maintenance and rehabilitation projects, safety
improvements, repairing and replacing aging bridges, and increasing access and mobility options
for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the Town used a Pavement Management System to develop the SB 1 project
list to ensure revenues are being used on the most high-priority and cost-effective projects that also
meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the Town maintain and rehabilitate its streets
and roads throughout the Town and similar projects into the future; and
WHEREAS, the Town is anticipating to begin the 2023 Various Streets Pavement
Rehabilitation Project in the 2022-23 fiscal year.
WHEREAS, without revenue from SB 1, the Town will have a decreased ability to
undertake currently planned pavement repair projects; and
Page 2 of 3
Town Council Resolution No. XX-2021 08/04/21
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment
found that the Towns streets and roads are in an “good” condition and this revenue will help us
increase the overall quality of our road system and over the next decade; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads
infrastructure with a focus on basic maintenance and safety, investing in complete streets
infrastructure, and using cutting-edge technology, materials and practices, will have significant
positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the Town
Council of the Town of Tiburon, State of California, as follows:
1. The foregoing recitals are true and correct.
2. Funding received from the SB1 Program shall be saved in fiscal year 2021-2022 and be
allocated in the Capital Improvement Plan budget for fiscal year 2022-2023 for the 2023
Various Streets Pavement Rehabilitation Project.
Design for the Street Paving Project is anticipated to begin in Fall of 2022 and construction
to follow in the Summer of 2023 with useful pavement life of 25 years.
2023 Various Streets Pavement Rehabilitation Project
Street Name From To Description
Cecilia Court Upper Cecilia Cul-de-sac Heavy Rehabilitation Geldert Court Geldert End Heavy Rehabilitation
Red Hill Circle 2109’ S/O Lyford/COP Lyford Heavy Rehabilitation
Sommers Court Palmer End Heavy Rehabilitation Vistazo East Street Vistazo West North End Heavy Rehabilitation
Barner Lane Taylor End Light Rehabilitation
Cayford Drive Cecilia End Light Rehabilitation
Acacia Drive 525’ E/O Hacienda Cul-de-sac HM Digouts
Esperanza Street Cazadero Private Road HM Digouts
Midden Lane Paseo Mirasol End HM Digouts
Red Hill Circle 266’ S/O Lyford/COP 1304’ S/O Lyford/COP HM Digouts Reed Ranch Road 45’ N/O Via Capistrano End HM Digouts
Reedland Woods Way Blackfield Drive Cul-de-sac HM Digouts
Ridge Road 250’ W/O Straits View End HM Digouts
Seafirth Lane Seafirth End HM Digouts
Straits View Drive Ridge End HM Digouts
Venus Court Juno Cul-de-sac HM Digouts
Vistazo West Street Diviso End HM Digouts
Page 3 of 3
Town Council Resolution No. XX-2021 08/04/21
3. The following previously proposed and adopted 2020 Street Paving Project and Hawthorne
Undergrounding Project for fiscal year 2019-20 may utilize fiscal year 2021-22 Road
Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of
these projects in the adopted fiscal year resolution, the City/County is reaffirming to the
public and the State our intent to fund these projects with Road Maintenance and
Rehabilitation Account revenues:
The estimated useful life for this project is 25 years.
2020 Street Paving Project and Hawthorne Underground Project
Street Name From To PCI Project Schedule Description
Hawthorn Drive East End Rockhill 46 Summer 2022 Heavy Rehabilitation
Hawthorn Drive Rockhill West End 23 Summer 2022 Heavy Rehabilitation
Rock Hill Tiburon Blvd Del Mar 35 Summer 2022 Heavy Rehabilitation Rock Hill Del Mar Cul-de-sac 77 Summer 2022 Heavy Rehabilitation
PASSED AND ADOPTED at a regular meeting of the Town Council on August 4, 2021, by the
following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
HOLLI THIER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Subject: Consider Approving a Professional Services Agreement with R3 Consulting to Provide Consulting Services to the Mill Valley Refuse Service Franchise Group Related to Implementation of SB 1383.
Reviewed By:
_________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney
SUMMARY Council will consider supporting Tiburon acting as Lead Agency/Fiscal Agent for consulting work related to implementation of SB 1383 and authorize the Town Manager to approve a
contract with R3 Consulting to provide this service.
RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Authorize the Town Manager to approve a Professional Services Agreement with R3
Consulting to provide Professional Consulting Services to the Mill Valley RefuseService franchisee group related to implementation of SB 1383.
BACKGROUND In September 2016, Governor Brown signed into law SB 1383, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants
(SLCP) in various sectors of California's economy. SB 1383 establishes targets to achieve a 50
percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025.
Methane emissions resulting from the decomposition of organic waste in landfills are a significant source of greenhouse gas (GHG) emissions contributing to global climate change.
Organic materials--including waste that can be readily prevented, recycled, or composted--
account for a significant portion of California's overall waste stream. Food waste alone accounts for approximately 17-18 percent of total landfill disposal. Increasing food waste prevention, encouraging edible food rescue, and expanding the composting and in-vessel digestion of organic waste throughout the state will help reduce methane emissions from organic waste disposed of in
California's landfills.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: CC-14
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 3
CalRecycle is the state agency responsible for creating the regulatory standards for SB 1383, which will apply to all residents (single family homes, apartments and condominiums) and businesses. Timelines associated with implementation of the legislation include:
• Effective January 1st, 2022: CalRecycle’s regulations to meet statewide organics reduction and food recovery requirements take effect. Enforcement provisions, including
penalties for noncompliance issued by the state, also take effect.
• Effective January 1st, 2024: Regulations may require local jurisdictions to impose penalties for noncompliance on regulated entities subject to their authority.
SB 1383 has complex requirements which affect many aspects of solid waste collection and post-
collection systems. While refuse haulers can assist in implementation of many aspects of the law,
individual agencies (cities and towns) ultimately bear responsibility for its implementation. Zero Waste Marin (ZWM) is the formal name for the Marin Hazardous and Solid Waste Joint Powers Authority (JPA), which is comprised of agencies from all over Marin County, including
the Town of Tiburon. The JPA Board is comprised of the city and town managers of Belvedere,
Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, Tiburon and the County of Marin. To facilitate a coordinated approach to SB 1383 implementation, the FY 21-22 budget for Zero Waste Marin includes funding for hiring a consultant to assist its member agencies in understanding and planning for their individual
responsibilities under SB 1383.
Refuse haulers will play a key role in implementing SB 1383. As a result, ZWM is proposing separate consultant contracts for each franchise group, with Tiburon’s group including all of the entities that have franchise agreements with Mill Valley Refuse Service (MVRS). R3 Consulting
has provided a proposal for providing these services to the entire MVRS group, which is attached
as Exhibit 1. The proposed cost for completing the work is a not to exceed amount of $136,230. Representatives of all MVRS franchisee agencies have reviewed the proposal and agree R3 is uniquely positioned to provide this service.
As stated above, the Fiscal Year 21-22 ZWM budget includes funding for this work, however, to
simplify contracting requirements in these situations, it is typical for one agency to act as the Lead Agency/Fiscal Agent. For example, the City of Mill Valley has routinely contracted for the rate increase analysis that is completed every three years on behalf of the MVRS group, and they are reimbursed for the total cost of the work by MVRS. In this instance, I have offered for
Tiburon to act as Fiscal Agent for the SB 1383 consulting agreement, with ZWM reimbursing the
Town 100% for the cost of the work. Attached as Exhibit 2 is a draft contract between R3 and the Town. ANALYSIS
No further analysis is provided
FINANCIAL IMPACT If approved by Council, staff will establish a special account to monitor the expenditures and reimbursements for this work, all of which will occur during the current Fiscal Year (FY 21-22).
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 3 OF 3
However, as the work will be 100% funded by ZWM, there will be no financial impact to the Town associated with this proposed Council action. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. 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 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. Authorize the Town Manager to approve a Professional Services Agreement with
R3 Consulting to provide Professional Consulting Services to the Mill Valley Refuse Service franchisee group related to implementation of SB 1383. Exhibit(s): 1. R3 Proposal 2. Draft Professional Services Agreement Prepared By: Greg Chanis, Town Manager
EXHIBIT 1
March 31, 2021
Mr. Greg Chanis
City Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
submitted via email: gchanis@townoftiburon.org
SUBJECT: Proposal for 2021 SB 1383 Compliance Planning
Dear Mr. Chanis,
R3 Consulting Group, Inc. (R3) is pleased to submit this proposal to provide the Town of Tiburon
(Town) – serving as the lead entities on behalf of the agencies franchising Mill Valley Refuse Service
(MVRS), comprised of the Cities of Mill Valley and Belvedere, the Towns of Corte Madera and Tiburon,
the County of Marin, and the Sanitary Districts of Almonte, Alto, Homestead Valley, and Strawberry
Recreation District (collectively “Franchisors”) – in Senate Bill (SB) 1383 planning assistance and initial
implementation.
Per our prior discussions, R3 is proposing that the Town serve as lead agency for the matters of having a
central contract and mechanism for cost-reimbursement (either by MVRS or Zero Waste Marin) for the
cost of conducting the proposed work; the Town would not be responsible for project management
beyond these administrative matters, and R3 will take responsibility for engagement as necessary and
appropriate with each of the nine MVRS Franchisors and/or with the group as a whole.
R3 is excellently positioned to provide the requested services to the Franchisors, having completed the
prior three detailed rate reviews of MVRS’s rates and possessing extensive knowledge of Marin County.
R3 anticipates being engaged by the Marin Sanitary Service (MSS) Franchisors Group in the same SB
1383 planning and implementation scope of work, offering a significant advantage to the MVRS
Franchisors. It should be noted that time is of the essence. All SB 1383 planning activities should be
completed by the end of September.
R3 has been actively tracking the development of SB 1383 regulations and has participated in the
associated rulemaking process up through the law’s finalization as of November 3, 2020. We have gained
a thorough understanding of the regulations and are helping clients prepare for implementation. SB 1383
has complex requirements which affect many aspects of solid waste collection and post-collection
systems. While haulers can assist in implementation of many aspects of the law, agencies ultimately bear
responsibility for its implementation. Via this project, we will work with you to establish a coordinated
approach for all Franchisors, thus facilitating a cost-effective and smooth transition into implementation
for the MVRS, each of the Franchisors, and, of course, for your solid waste customers.
1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com
While a coordinated approach will result in greater economies of scale for the Franchisors, certain tasks
(in particular ordinance revision and procurement policy development) will require agency-specific efforts.
As such, this proposal includes tasks that will be completed for all Franchisors as well as specific tasks
that will be customized for each agency as appropriate. Please note that this proposal, and its costs,
assume that all Franchisors will elect to participate in the project, and assumes that the cost of this
agreement will be reimbursed to the Town by MVRS (if agreeable to that approach as a rate recoverable
expense) or Zero Waste Marin.
Rose Radford will serve as Project Manager and primary point of contact for this engagement. Garth
Schultz will serve as Principal-in-Charge and will work with Rose throughout the project.
* * * * *
We appreciate the opportunity to submit our proposal to the Franchisors. Should you have questions
regarding our proposal or need additional information, please do not hesitate to reach out directly.
Sincerely,
Rose Radford | Project Manager Garth Schultz | Principal-in-Charge
R3 Consulting Group, Inc. R3 Consulting Group, Inc.
415.347.9536 | rradford@r3cgi.com 510.292.0853 | gschultz@r3cgi.com
1. SCOPE OF WORK
MVRS Franchisors | SB 1383 Planning Assistance 2
SB 1383 Planning and Implementation Assistance
Task 1 Project Kick-off and Coordination
Task 1.1 Kick-off Meeting
Upon authorization to proceed, R3 will facilitate a project kick-off meeting with designated representatives
of the Franchisors. The meeting will provide an opportunity to review the project objectives, R3’s project
approach, schedule, and data availability. The kick-off meeting will serve to set the expectations and
timeline for the Scope of Work and establish the best means for ongoing communication and
collaboration between R3 and the Franchisors for the duration of this engagement.
One item of importance for discussion during the kick-off meeting will be how R3, the Franchisors and
MVRS will work collaboratively to ensure that this project provides the best possible outcomes for
customers and ratepayers, while still achieving meaningful compliance with the law. R3 understands that
the Franchisors do not intend for this SB 1383 planning and implementation exercise to be a “check-the-
box” exercise that results in compliance without due consideration of how to ensure the resultant
outcomes are good for customers, good for the environment, and good for the economy.
R3 whole-heartedly embraces this intention and has the on-the-ground experience working with
commercial business and other parties in Marin County on organics collection programs and other similar
policies. We will bring best practices gleaned from these experiences to bear in working with the
Franchisors throughout the course of the project.
Please note that we have budgeted for all meetings to be virtual, including check-in meetings with agency
staff, MVRS, as well as presentations to Councils/Boards, and other bodies. Additional costs will be
incurred for required attendance at in-person meetings; R3 will seek Franchisors’ approval of additional
costs before they are incurred.
Task 1.2 Information Request
Upon authorization to proceed, R3 will provide the Franchisors and MVRS with a preliminary list of
documents in support of this Scope of Work.
Requested documents may include, but will not necessarily be limited to, the following:
》 Customer rate sheets;
》 Education and outreach information provided by MVRS to customers;
》 Copies of most recent monthly and annual reports, including tonnage reporting; and
》 Other relevant data.
The provided information and materials, along with the documents already in R3’s files, will assist with our
analysis and ultimate drafting of our Final Analysis Report and Findings.
Task 2 Analysis of Current Programs and Implementation Pathways
There are aspects of the law, such as procurement policy, that would benefit from in-depth research,
engagement with industry and public-sector partners, and a detailed cost/benefit analysis. Planning for
requirements such as edible food recovery and reporting necessitates engagement with other agencies in
Marin County. Options for enforcement, which is required to begin in 2024, should be explored in concert
MVRS Franchisors | SB 1383 Planning Assistance 3
with interagency departments and other agencies in the County. Other aspects of the law, such as
municipal code updates, are self-contained and could be easily accomplished by each agency without
coordination with other agencies, though there are benefits to regional coordination.
R3 has been following SB 1383 regulations closely on behalf of many clients and has developed a user-
friendly SB 1383 action plan that we will customize according to the Franchisors’ needs. SB 1383 touches
upon many aspects of solid waste management, many of which are currently the responsibility of the
franchised haulers via agreements, while others are jurisdictional responsibilities, and some may already
be the responsibility of the County.
R3 will assess SB 1383 preparedness by beginning with our action plan template, and for
each requirement:
1. Determining if there is a similar existing requirement via another legislation such as Assembly Bill
(AB) 1826, and indicating which party(ies) are responsible for the similar requirement;
2. If there is a similar existing requirement, assessing current compliance activities conducted by the
party responsible against the upcoming requirements of the law and identifying changes that need to
be made, assuming no changes in responsible party; and
3. If there is no similar requirement (such as for edible food recovery), R3 will assess current conditions
and make recommendations that provide a pathway to compliance.
Gaps in compliance will be identified through this process, along with opportunities for program
improvements.
SB 1383 jurisdiction responsibilities can be broken up into five major compliance areas, described
in more detail in sub-tasks 2.1 - 2.5:
》 Education and Outreach;
》 Inspection and Enforcement, including the assessment of penalties and contamination monitoring;
》 Edible Food Recovery Programs;
》 Purchasing Policy Changes; and
》 Collection Service Adjustments.
Based on similar reviews for other jurisdictions, pathways are likely to include the following:
》 Implementing universal roll-out by providing organic waste collection services (including food waste)
to all residents and businesses;
》 Establishing a food recovery program in coordination with Marin County and/or other agencies as
appropriate;
》 Providing enhanced education and outreach to the community, which involves potential changes to
content and frequency of mailers and on-site outreach as appropriate;
》 Hiring a dedicated officer for enforcement of the law’s requirements;
》 Procuring more recyclable and recovered organic products;
》 Gathering a significant amount of information for reporting to CalRecycle, both during the initial
planning and reporting process, and on an ongoing basis as a part of Electronic Annual Reports to
CalRecycle (reporting is currently completed by Zero Waste Marin); and
》 Monitoring and enforcing compliance through the agencies’ municipal codes.
It should be noted that the tracking and reporting requirements of SB 1383 are substantial. While
Recyclist may be effective for ongoing reporting for SB 1383, the agencies may need to coordinate
reporting activities with Zero Waste Marin (currently the designated AB 939 reporting entity for
MVRS Franchisors | SB 1383 Planning Assistance 4
jurisdictions in Marin County). Reporting is built in to all the programmatic implementation steps outlined
in this task, and recommendations on reporting will be included as a part of all sub-tasks listed below.
It should also be noted that many of these tasks would benefit from a coordinated regional approach. As
a part of some of these tasks, R3 proposes to engage various agencies active in Marin County in order to
facilitate collaboration. However, this scope of work is specifically designed to facilitate the Franchisors’
implementation of SB 1383, and as such, engagement with regional actors and the County is focused on
specific topic areas.
Task 2.1 Education and Outreach
Data shows that on-the-ground technical assistance is key to effective program implementation, from
signing businesses up for organics service to reduce contamination by more effective sorting.
SB 1383 requires education and outreach activities – generally in alignment with AB 1826
education and outreach – including the following:
》 Monitoring of businesses that generate 2 or more cubic yards of solid waste per week;
》 Conducting site visits to encourage correct participation and sign-up for non-compliant accounts;
》 Waste assessments, especially in the case of exemption requests or reported self-haul or back-haul
activities;
》 Annual mailers, which will need to include the new requirements of SB 1383 such as multi-family
recycling instructional materials provided to new tenants on move-in, front-of-house sorting containers
including recycling and organics containers with labels and correct color coding; and
》 Education and outreach targeted at Tier I and Tier II covered generators under the edible food
recovery requirements, which differ from the organics recycling requirements of AB 1826 and will
likely require staff to facilitate relationship-building between covered generators and recovery
organizations.
While these activities are familiar to MVRS and Franchisors and ramping up to AB 1826 covered
generator thresholds will likely facilitate most education and outreach activities required under the new
regulations, R3 anticipates additional staff effort related to education and outreach. This will likely require
increased staffing for the party(ies) identified as responsible for these requirements, including MVRS and
the Franchisors’ staff.
This Education and Outreach task will be completed for Franchisors as a whole, and not substantially
customized for each agency.
Task 2.2 Inspection and Enforcement
Inspection and enforcement requirements included in SB 1383 represent a departure from the AB 1826
requirements in that penalties are required to be assessed on businesses not in compliance with
the recycling requirements, including: signing up, participating, placing containers for recycling and
organics in the front- and back-of-house, and self/back-hauling in compliance with the state’s
requirements.
MVRS Franchisors | SB 1383 Planning Assistance 5
In summary, SB 1383 introduces:
》 Penalties for non-compliant businesses (under the organics recycling requirements, the requirement
to right-size containers, and the requirements to provide educational material as well as the edible
food recovery requirements described in Task 2.3) in alignment with the SB 1383 penalty structure
introduced in the regulations;
》 Penalties for haulers, including franchised haulers and the self-haul sector for not diverting organic
material according to the requirements;
》 Penalties for regulated entities for not providing adequate reporting (this includes edible food recovery
organizations);
》 Investigation of complaints of non-compliance by members of the public or other entities;
》 Contamination monitoring via periodic (current regulations require annual) route audits for every route
and a representative portion of customers; or via monitoring at post-collection facilities;
》 A defined “waiver” system similar to the exemption system for AB 1826, except that organics
generation thresholds are lower (10 gallons or less for customers below 2 cubic yards of solid waste
service, and 20 gallons or less for customers at or above 2 cubic yards), inspection of businesses
subject to waiver and adequate documentation is required, and re-inspection on a prescribed basis
(now every 5 years). Note that physical space limitations are included as a possible waiver rationale.
R3 generally recommends that exemption/waiver authority resides in jurisdiction or authority staff and
not the hauler; and
》 Required reporting to CalRecycle on all site visits, penalties, waivers.
Via this task, R3 will further refine our staffing impact analysis, and research compliance fee mechanisms
and alternative options for enforcement.
While the inspections required by the regulations can reasonably be performed by the hauler, others
(such as the edible food recovery enforcement and the front-of-house container placement) are not
appropriate to include in hauler responsibilities. Moreover, the regulations clearly state that authority for
enforcement cannot be delegated to a private entity. Based upon the SB 1383 planning assistance R3
has conducted for other agencies, R3 anticipates at this time that at least one part-time enforcement staff
with the ability to issue citations will be needed; and some level of additional enforcement staff will be
needed for the other agencies. This Inspection and Enforcement task will be completed separately for
each agency.
Task 2.3 Edible Food Recovery Programs
Establishing and implementing food recovery programs can be challenging, but R3 is aware of a number
of edible food recovery organizations that are already operating in Marin County.
The County is responsible for a number of the key aspects of planning for SB 1383, including: 》 Inspection of all food-serving businesses via Environmental Health for enforcement of state minimum
standards; and
》 Planning for edible food capacity in the County, including identification of edible food recovery
organizations and assessment of those organizations’ capacity, as well as any need for additional
capacity in the County.
As such, R3 proposes to initially engage the County and request available information about the County’s
current edible food recovery planning efforts, as well as current activities conducted by County
Environmental Health inspectors and collateral already developed by the County. We will assist the
agencies in exploring opportunities for regional coordination and interagency collaboration related to
edible food recovery, with an eye toward going “above and beyond” basic requirements to design a
program that effectively captures edible food that was previously disposed and provides it to people in
need.
MVRS Franchisors | SB 1383 Planning Assistance 6
After engaging with the County, R3 will then prepare a list of strategies appropriate for the agencies to
implement or support. These could include: 》 Connecting potential donors to potential recipients;
》 Providing small grants to food recovery organizations for refrigerators or vehicles;
》 Distributing model food recovery agreements to surplus food generators, based upon CalRecycle’s
model agreement;
》 Coordinating efforts with County Environmental Health for distribution of food recovery information to
commercial food generators or training of food recovery organizations in safe food handling
procedures; and
》 Coordinating efforts with the County to ensure that food-insecure recipients are matched with food
distribution organizations.
The Edible Food Recovery Programs task will be completed for Franchisors as a whole, and not
substantially customized for each agency.
Task 2.4 Purchasing Policy Changes
SB 1383 requires changes to each agency’s purchasing policies, including procurement of recycled-
content paper, compost and/or mulch product from post-collection facilities, use of natural gas from post-
collection facilities, and use of electricity from qualifying post-collection sources.
Via this task, R3 will calculate the required amounts of product for each agency and will assist the
agencies as necessary in gathering information about current purchasing quantities of qualifying materials
from the various agency departments involved.
Informational interviews with up to four related industry and public sector partners will be
arranged, including: 》 Marin Community Choice Energy, a non-profit renewable electricity provider that the agencies partner
with, and which has already obtained energy from some qualifying sources;
》 Marin Carbon Project or other solutions-based collaboratives that focus on the use of compost,
mulch, and biosolids, including strategic spreading of recovered organic content in open space; and
》 The Wildfire Prevention Authority or another public agency partner to explore the existing generation
of woody matter and the highest and best use of that matter for environmental purposes.
R3 will also conduct limited research to gather information on the use of the products required for
procurement to assist the agencies in determining the most beneficial procurement strategy that will align
with the requirements of SB 1383.
This Purchasing Policy Changes task will be completed for the Franchisors as a whole, and not
substantially customized for each agency; although R3 will calculate recovered organics procurement
targets separately for each agency.
MVRS Franchisors | SB 1383 Planning Assistance 7
Task 2.5 Collection Service Adjustments
Although MVRS is currently conducting a range of activities for AB 1826 compliance, R3 initially expects
that these activities will need to be expanded and adjusted to facilitate compliance with SB 1383.
Specifically, the Franchisors and MVRS will need to explore the following types of adjustments in
collection programs:
》 Establishment or expansion of recycling and composting collection services to all customers to
address SB 1383 requirements;
》 Route audits for contamination monitoring;
》 Edible food recovery outreach and education and designation of responsibilities between hauler,
agencies, and County staff;
》 Diversion and program monitoring and reporting;
》 Coordination and task designation between the agencies and the hauler; and
》 Collection container labeling adjustment to align with SB 1383 requirements for all new carts and bins
placed into service. These labels may be printed and not include graphics, but they must include a list
of allowed and dis-allowed materials. While commercial bin labels may be compliant, it is possible
that CalRecycle will require labels to be placed on all residential carts as well. Moreover, if MVRS is
currently using black containers for the Food to Energy program, those carts will need to have their
lids changed to the yellow color to be compliant.
R3 will prepare a list of the adjustments that the Franchisors may consider requesting MVRS to make,
and present that list to MVRS during one virtual meeting to discuss operational feasibility, benchmarking,
and costs, with universal service for all businesses as a significant point of discussion.
The information gathered during that meeting will be synthesized, analyzed, and provided as guidance to
the Franchisors. This will identify which activities are best suited for MVRS to perform, as well as
determining marginal activities that may benefit from MVRS’s assistance or involvement. We will provide
the analysis and recommendations in our final report to the Franchisors, as a part of Task 4, and will be
available to assist the Franchisors in negotiations for an amendment to the MVRS agreement, or a
mutually agreed-upon letter of understanding (see optional Task 5).
This Collection Service Adjustments task will be completed for Franchisors as a whole, and not
substantially customized for each agency.
Task 2.6 Initial Cost Estimates
R3 proposes to provide an estimate of initial costs of implementation for implementation of the SB 1383
requirements by the Franchisors based upon our recommended implementation approach. This cost
estimate may be further adjusted depending upon agency interests and the final implementation strategy
during rate-setting in late 2021.
Task 2.7 Ongoing Coordination
R3 will arrange regular check-ins (approximately five meetings) by conference call with agency staff
throughout the duration of the project. R3 will advise agency staff of upcoming interviews and coordinate
agency staff availability to join in these meetings, with the ultimate goal of positioning staff to proceed with
implementation of the programmatic requirements after the planning process is complete. This task
includes regular check-ins with the MVRS Franchisor staff as a whole, as well as individual meetings with
each agency (up to two per agency, in addition to the combined meetings with all Franchisors).
MVRS Franchisors | SB 1383 Planning Assistance 8
Task 3 Municipal Code Update
R3 proposes to provide limited implementation assistance to the Franchisors in preparing a municipal or
district code update in alignment with SB 1383 requirements.
SB 1383 requires updates to the municipal or district codes of every jurisdiction in California, aligning with the following requirements in the regulations: 》 Universal service for organic waste diversion;
》 Other business and hauler requirements under the regulations, described more fully in Task 2, above;
》 Penalties for non-compliance and the mechanism for assessing such penalties;
》 Enforcement of CALGreen construction and demolition debris recycling requirements and container
design requirements; and the Model Water Efficient Landscape Ordinance, Title 23, Division 2,
Chapter 2.7 of the California Code of Regulations.
This task is limited to updates on municipal code language to align with SB 1383 and does not include
other revisions such as modernizing code language or alignment with franchise agreement language. Via
this task, we will also prepare one short memorandum that describes the requirements of SB 1383 and
how they are enacted in the model municipal code as well as the proposed municipal code. We will
provide an explanation on how self-haul regulation is envisioned in SB 1383, how it might be
implemented, and benefits/drawbacks to the proposed approach.
We recommend that the Franchisors develop municipal/district code updates using the model municipal
code provided by CalRecycle as a basis and adapt that municipal code in accordance with legal counsel’s
preference and R3’s professional judgement. Via this task, R3 will work directly with legal counsel and
Franchisor staff to prepare an ordinance for adoption by each agency, will be available to present and
introduce the proposed ordinances at one virtual Council/Board meeting, and will attend one additional
virtual Council/Board meeting to answer questions for final adoption, per agency.
Please note that ordinance revisions outside of SB 1383 requirements may require additional effort than
is anticipated herein. Should the Franchisors wish to explore other solid waste-related municipal code
changes, R3 would be happy to assist pending approval of additional contract expenses for work outside
of SB 1383.
Task 4 Training, Reporting, and Presentations
R3 will arrange a combined SB 1383 training meeting to provide Franchisor staff with additional
information about the law and suggests that agency management be engaged if not already for that
meeting. This training will be conducted virtually, and a copy of the presentation and an associated
handout will be provided beforehand to participants. We will present our findings to date and our
recommendations for next steps during that meeting and gather information from agency staff on
feasibility and preferences.
R3 will prepare a draft analysis report for review by the Franchisors which includes the following
key elements:
》 A summary update of recent legislation, including AB 341, AB 1826, AB 901, AB 1594 and SB 1383;
》 A summary of the research, interviews, recommendations and outcomes from Tasks 2 and 3;
》 Suggested best practices to include as part of the Agreement(s) updates and/or letters of
understanding with the hauler.
As part of this task, we will provide an electronic version of the draft analysis report to the Franchisors for
comments. At staff’s preference, we will be available for one additional meeting to review findings and
address comments on the draft report.
MVRS Franchisors | SB 1383 Planning Assistance 9
This report will include a preliminary estimate of the costs for implementing SB 1383, for potential
integration into the rates effective July 1, 2021. We anticipate that this cost estimate will need to be
further refined for rates effective July 1, 2022, but some funding will be needed to cover costs for SB 1383
implementation which begins January 1, 2022.
Following discussion with the Franchisors, R3 will revise our draft report and provide the Franchisors with
a second interim draft analysis report. We will be available to meet with each agency’s staff one additional
time to provide revisions and address comments, and thereafter will compile our final draft report.
R3 will also be available to provide one virtual presentation to each Council/Board with findings and
recommendations resulting from the tasks above.
Optional Task 5 Negotiations with MVRS
The role of the hauler is key in designing an effective SB 1383 implementation plan. We will already have
identified roles for the hauler to fill and met with MVRS to explore options on those roles as a part of Task
2.5. After resolution of those conversations, R3 expects that MVRS will either propose an amendment to
their agreements with the Franchisors, or request that a letter of understanding or other less formal
agreement be agreed upon and signed.
Regardless of the mechanism, we expect that implementation of the SB 1383 requirements will involve
changes to the MVRS costs of operation likely to impact rates. If the Franchisors so desire, R3 can assist
the Franchisors in negotiating the rate impacts and finalize the language on program requirements and
design for those elements of implementation for which each chooses to engage MVRS. In this proposal,
we have provided for up to five additional meetings with MVRS, and the drafting of an amendment or
letter of understanding as an optional task.
Deliverables
》 Two (2) Draft Analysis and Findings Reports, including an SB 1383 preparedness matrix;
》 One (1) municipal code update for each agency;
》 Two (2) virtual Council/Board meetings [one (1) presentation and one (1) to answer questions] prior
to adoption of each municipal code update;
》 One (1) Final Analysis Report and Findings in electronic format;
》 One (1) virtual presentation, per agency, to Council or Board on findings and recommendations;
》 (Optional) Amendment or letter of understanding with MVRS.
2. PROJECT SCHEDULE
MVRS Franchisors | SB 1383 Planning Assistance 10
R3 is available to begin work on this project as soon as indicated by the City. R3 proposes the following
schedule for work completion, with the project beginning in April 2021 and completing by the end of
December 2021.
This schedule provides ample time to complete the required project effort, achieve compliance with SB
1383 starting January 1, 2022 (pending appropriate agency action). However, this is not enough time to
incorporate project results into the regularly scheduled MVRS 2022 rate adjustment and setting process.
We propose to assist the Franchisors in further refining implementation costs for rates effective July 1,
2022.
TASK START DATE COMPLETION DATE
SCOPE B: SB 1383 Planning and Implementation Assistance
1. Project Kick-Off and Coordination April 2021 September 2021
2. Analysis of Current Programs and Pathways April 2021 May 2021
3. Municipal Code Update April 2021 September 2021
4. Final Analysis, Reporting, and Presentations May 2021 Fall 2021
5. (Optional) Negotiations with MVRS May 2021 Fall 2021
3. PROJECT BUDGET
MVRS Franchisors | SB 1383 Planning Assistance 11
R3 proposes a contract with the Town as the lead agency, providing for the scope of services for all
Franchisors. Payment for work performed under this scope of services is rate-recoverable MVRS as a
pass-through / rate reimbursable cost (if agreed to by MVRS) OR reimbursable by Zero Waste Marin (if
approved by the Zero Waste Marin Board).
The proposed contract amount of $136,230 is a not-to exceed amount based on time and materials for all
Franchisors, as shown in the table below.
TASK HOURS COST
SCOPE B: SB 1383 Planning and Implementation Assistance
1. Project Kick-Off and Coordination 15 $ 2,790
2. Analysis of Current Programs and Pathways 313 $ 57,900
3. Municipal Code Update 217 $ 40,140
4. Final Analysis, Reporting, and Presentations 79 $ 14,700
Subtotal, Tasks 1-4 624 $ 115,530
5. (Optional) Negotiations with MVRS 112 $ 20,700
Total, Tasks 1-5 736 $ 136,230
MVRS Franchisors | SB 1383 Planning Assistance 12
Billing Rates
In the table below, we have provided our hourly billing rates for R3 that may be involved in providing the
solid waste consultant services. These hourly rates are effective January 1, 2021 and are subject to
periodic adjustments based on CPI. R3 will submit any changes to our billing rates on an annual basis.
CLASSIFICATION HOURLY RATE
Principal $225 per hour
Project Director $215 per hour
Senior Project Manager $190 per hour
Project Manager $185 per hour
Senior Project Analyst $165 per hour
Senior Administrative Support $160 per hour
Project Analyst $155 per hour
Associate Analyst $145 per hour
Administrative Support $125 per hour
REIMBURSABLE COSTS
Consultants/Subcontractors Cost plus 10%
Lodging and meals Direct cost
Travel - Private or company car At Current Federal Rate
Travel - Other Direct cost
Delivery and other expenses Direct cost
Payments
Unless otherwise agreed in writing, fees for work completed will be billed monthly at the first of each
month for the preceding month and will be payable within 30 days of the invoice date.
4. FIRM QUALIFICATIONS
MVRS Franchisors | SB 1383 Planning Assistance 13
About R3
Incorporated in California in 2002, R3 is a California Certified Small Business with offices in Roseville and
Davis, California. Our firm is led by two principals, Richard Tagore-Erwin and Garth Schultz, who have
40+ years of combined solid waste expertise.
We specialize in providing a diverse range of solid waste management consulting services exclusively to
public agencies, including rate and financial reviews, competitive procurement and/or extension
negotiations of collection, processing and disposal services; development, implementation and monitoring
of service contracts and franchise agreements; and legislative compliance.
R3 works exclusively for public agencies and does not work for any private solid waste management
companies. We do, however, have very good professional working relationships with private sector
service providers - which is valuable in negotiations.
Food Waste Reduction Planning / Food Recovery
R3 assists clients with the development, implementation, and evaluation of their organics and food waste
reduction programs. Our extensive experience has allowed R3 to address a variety of issues that typically
confront our municipal clients during the implementation of their various programs and facilities, including
inter-jurisdictional coordination, planning requirements, diversion mandates, regulatory compliance,
community outreach, and public education.
Our organics-related services include the following: 》 Developing and evaluating existing organics programs;
》 Analyzing options for program improvement and potential new programs to implement;
》 Identifying businesses subject to compliance with SB 1383;
》 Monitoring and tracking covered generator compliance;
》 Designing and assessing public education and outreach materials and methods for notifying
businesses of their requirements and compliance options;
》 Developing franchised hauler tracking methods for necessary reporting, public education and
outreach, and compliance monitoring requirements;
》 Performing on-site waste assessments and material characterizations and providing hands-on
technical assistance to regulated businesses to support their compliance;
》 Facilitating private sector diversion opportunities, including food donations and recycle/reuse
vendors; and
》 Planning for end-use markets for compost product and SB 1383 implementation.
Legislative Compliance
R3 provides a full range of planning, design, implementation, monitoring, and administrative services in
support of regulatory compliance with AB 1826 (Mandatory Commercial Organics Recycling), SB 1383
(Short-Lived Climate Pollutants), AB 341 (Mandatory Commercial Recycling), AB 1594 (Ban on Green
Material ADC Diversion Credit), as well as new legislation such as AB 1669 (Displaced Employees), AB
901 (Solid Waste Reporting Requirements), and AB 876 (Organics Management Infrastructure Planning).
California has adopted aggressive legislation to reduce waste sent to the landfill and many jurisdictions
are not fully prepared to meet their requirements under AB 341, AB 1594 and AB 1826. Our
understanding of these legislative requirements and our hands-on experience assisting our clients with
implementing effective AB 341 and AB 1826 programs and preparing for the requirements of AB 1594,
AB 1669, SB 1383, and AB 901 has helped us to develop effective compliance strategies and
implementation plans that leverage existing franchised hauler resources and contractual requirements.
EXHIBIT 2
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AGREEMENT FOR PROFESSIONAL SERVICES FOR SB 1383 PLANNING AND IMPLEMENTATION ASSISTANCE
This Agreement is made and entered into this _____ day of __________________, 2021, by and between the TOWN OF TIBURON (hereinafter "TOWN"), and R3 CONSULTING GROUP, INC. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the Town of Tiburon, Town of Corte Madera, City of Mill Valley, City of Belvedere, Almonte Sanitary District, Alto Sanitary District, Homestead Sanitary District, Strawberry Recreation District, and the County of Marin (hereinafter “FRANCHISORS”) have similar franchise
agreements with Mill Valley Refuse Services; and WHEREAS, the FRANCHISORS desire to utilize the services of the CONTRACTOR to conduct SB 1383 planning work; and WHEREAS, the TOWN has agreed to act as the contracting agency on behalf of the FRANCHISORS; and WHEREAS, the FRANCHISORS entities (each a “Participating Entity” and collectively, “the Participating Entities”) have agreed that the cost of the analysis will be reimbursed by Zero Waste
Marin: AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION A. TOWN. The Town Manager shall be the representative of the TOWN for all
purposes under this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Garth Schultz is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should
circumstances or conditions subsequent to the execution of this Agreement require a substitute
PROJECT DIRECTOR for any reason; the CONTRACTOR shall notify the TOWN within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR
CONTRACTOR shall perform the duties and/or provide services as described in CONTRACTOR’s Proposal for SB 1383 Planning and Implementation Assistance, dated March 31, 2021, attached hereto as Exhibit "A" and incorporated herein.
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3. DUTIES OF TOWN TOWN shall cooperate with CONTRACTOR in its performance under this agreement and shall compensate CONTRACTOR as provided herein. 4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CONTRACTOR shall be compensated on a time and materials basis as described in Exhibit “A” in a total contract amount not to exceed $115,530 for SB 1383 planning and implementation assistance. This amount does not include optional contract negotiations with Mill Valley Refuse Service.
It is understood and agreed by the parties that payment of compensation hereunder for the SB 1383 Planning and Implementation Assistance project shall be made as follows: CONTRACTOR shall submit monthly invoices to TOWN for review and approval, and TOWN shall remit payment on each invoice directly to CONTRACTOR within thirty (30) of receipt thereof. TOWN shall forward CONTRACTOR’s approved invoices to Zero Waste Marin for reimbursement up to $115,530 for
SB 1383 planning services in Fiscal Years 2021-22. 5. TERM OF AGREEMENT. The term of this Agreement shall commence upon the date of execution of this Agreement
and shall end on June 30, 2022. 6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty
(30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure
or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice,
within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all TOWN documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to TOWN as soon as possible, but not later than thirty (30) days after termination.
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7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with
the performance of its duties under this Agreement, shall be the sole property of TOWN. TOWN may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to TOWN, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with TOWN or its agent in any such audit or inspection.
9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to TOWN, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death,
bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, TOWN
reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to
this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and
employer’s liability insurance with limits of no less than one million dollars ($1,000,000) per
accident for bodily injury or disease. CONTRACTOR’s worker’s compensation insurance shall be specifically endorsed to waive any right of subrogation against TOWN.
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B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements:
1. Except for professional liability insurance or worker’s compensation insurance, the insurance policies shall be specifically endorsed to include the TOWN, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies.
2. The additional insured coverage under CONTRACTOR’S insurance policies shall be “primary and noncontributory” with respect to any insurance or coverage maintained by TOWN and shall not call upon TOWN's insurance or self-insurance coverage for any contribution. The “primary and noncontributory” coverage in CONTRACTOR’S policies shall be at least as broad as ISO form CG20 01 04 13.
3. Except for professional liability insurance or worker’s compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury.
4. By execution of this Agreement, CONTRACTOR hereby grants to TOWN a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against TOWN by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not TOWN has received a waiver of subrogation
endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of TOWN (if agreed to in a written contract or agreement) before TOWN’S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to TOWN or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured; whichever is greater. No representation is made that the
minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CONTRACTOR under this agreement.
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C. Deductibles and SIR’s. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and Town Attorney, and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or TOWN or other additional insured party. At TOWN's option, the deductibles or self-insured retentions with respect to TOWN shall be reduced or eliminated to TOWN's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or TOWN’S Town Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3)
excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. TOWN reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the Town Attorney.
11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by TOWN, and hold
harmless TOWN, its officers, agents, employees and volunteers (collectively, the “Town Indemnitees”), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively “CLAIMS”), arising out of CONTRACTOR’S performance of its
obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the Town Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the Town Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the Town Indemnitees’ share of
liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR’s work or work product by the TOWN or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR’s indemnification obligations. In the event the Town Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR’S performance of or operations under this Agreement,
CONTRACTOR shall provide a defense to the Town Indemnitees or at TOWN’S option
reimburse the Town Indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONTRACTOR shall indemnify and hold harmless the TOWN and its officers, officials, and employees (collectively Town Indemnitees) from and
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against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney’s fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the
negligence, recklessness, or willful misconduct of CONTRACTOR, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such Town Indemnitee.
C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law.
12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless TOWN, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES.
TOWN and CONTRACTOR do not intend, by any provision of this Agreement, to create
in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES.
All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
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TO TOWN: Greg Chanis Town Manager Town of Tiburon
1505 Tiburon Boulevard Tiburon, CA 94920 TO CONTRACTOR: Garth Schultz Principal
R3 Consulting Group, Inc. 1512 Eureka Rd., Ste. 220 Roseville, CA 94661 16. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the TOWN. CONTRACTOR and TOWN expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of TOWN. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONTRACTOR and the TOWN.
C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the TOWN. E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that TOWN may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes TOWN under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts.
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19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. TOWN BUSINESS LICENSE / OTHER TAXES.
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a TOWN business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. TOWN shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided TOWN with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. SURVIVAL OF TERMS.
Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled, and shall apply to both Parties’ respective successors and assigns.
23. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement. 24. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written.
TOWN OF TIBURON CONTRACTOR ______________________________ By:______________________________
Greg Chanis, Town Manager Name: Garth Schultz Title: Principal and Secretary
ATTEST:
[If Contractor is a corporation, add signature of second corporate officer] ______________________________
Lea Stefani, Town Clerk
By:______________________________ APPROVED AS TO FORM: Name: Richard Tagore-Erwin
Title: Principal and President
______________________________ Benjamin Stock, Town Attorney
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Subject: Consider Authorizing a Contribution to the Marin County Housing First Case Management Program in an amount not to exceed $40,269
Reviewed By:
_________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY Council will be considering authorizing the Town Manager to enter into an Agreement with the County of Marin to provide Town funding for the Housing First Case Management Program in
an amount not to exceed $40,269. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Authorize the Town Manager to enter into an agreement with the County of Marin to
provide funding for Housing First Case Management in an amount not to exceed
$40,269. 2. Authorize a Fiscal Year 2021-22 budget amendment increasing expenditures in the amount of $40,269 with the source of funds to be the American Rescue Plan Unrestricted Reserve Fund (ARP1).
BACKGROUND
In January 2017, according to a report from the Bay Area Economic Institute and McKinsey
Consulting, Marin County had the seventh highest per capita rate of homelessness in the entire country. By January 2019, however, overall homelessness in Marin had fallen by 7%, long-term chronic homelessness had declined by 28%, and unsheltered homelessness in San Rafael had dropped by 30%. Over this same two-year period, approximately 80% of California counties saw
increases in homelessness, including a 20% increase in San Mateo County, a 31% increase in
Santa Clara County, and a 43% increase in both Alameda County and Contra Costa County. These results were not an accident. Over the last five years the City of San Rafael has been partnering closely with the County of Marin and local nonprofit partners to implement services
and housing for people experiencing homelessness. In 2016, the City of San Rafael and its
partners launched the Homeless Outreach Team (HOT), which from March of 2016 through September of 2017, housed 23 of the most visible and vulnerable people experiencing chronic homelessness in downtown San Rafael. HOT has subsequently been named a statewide best
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: CC-15
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 3
practice by the League of California Cities. This success helped inform the launch of Coordinated Entry (CE), which officially kicked off on October 1, 2017. Since the implementation of CE, countywide over 330 of the most vulnerable people experiencing chronic homelessness have been housed (and over 90% remain housed). Today, the most current data indicates there are fewer
than 400 people still experiencing chronic homelessness in Marin County. These housing
placements have been the result of strategically pairing local housing subsidies (e.g. Section 8 housing vouchers) with intensive “Housing First” case management. Housing First is an evidence-based best practice for housing people experiencing chronic homelessness that prioritizes getting back inside and then working on the underlying issues that might have caused a
person’s homelessness.
ANALYSIS Despite this impact, the last 18 months has raised many new challenges and concerns in the County about homelessness, and it is yet again requiring a fresh look at the way the County and
its partners address this complex issue. While objectively there has been tremendous success over
the last five years, subjectively, over the last year in particular, the rise of large homeless encampments (e.g. Lee Gerner Park in Novato, the Central San Rafael viaduct, Boyd Park in San Rafael, and Dunphy Park in Sausalito) has suggested just the opposite. What’s important to remember is that despite their outsized visibility and impacts, encampments remain relatively rare
overall. Based on the best data available (the 2019 Homeless Point-in-Time Count), it appears
only 15% of people experiencing homelessness in Marin County reside in tent encampments. Moreover, at least in San Rafael, upwards of 90% of people residing in encampments are in fact chronically homeless. Thus, continued progress around the core Housing First strategy for people experiencing chronic homelessness will ultimately also result in a reduction in encampments.
Due to the impacts of COVID-19, the federal government is making even more resources available for people experiencing homelessness. For example, the Biden Administration recently announced the rollout of 70,000 new housing vouchers for people experiencing homelessness, over 100 of which will come to Marin. However, as we have learned over the last few years,
people only have success with housing if they also have wraparound support services.
Fortunately, thanks to American Rescue Plan (ARP) funding coming to all local communities, there are now resources that have never existed before. Through a series of regional meetings, a proposal has been developed which would set aside approximately $2 million of ARP funds countywide to provide additional case management tied to the new emergency housing vouchers.
It’s important to remember that this funding will be highly leveraged by allowing the County to
utilize more Section 8 housing vouchers. Using a population-based formula, Tiburon’s share is approximately $40,269. A description of the program, including the proposed contributions from each Marin entity is attached as Exhibit 1.
This program is scalable as it is employing case managers to work with people experiencing
homelessness and matched up with a housing voucher. For example, the Marin Housing Authority has said they will make approximately half of the new vouchers available in July, so this program would be up and running fairly quickly. Each voucher will need to be matched with a willing landlord. Additional funding, such as through the State budget or additional federal
funds, would allow expanding the program to have a larger reach and assist more people. The
County and its partners are working on an initial program that manages the funding sources to flex up case management services for a period of 3-5 years. To that end, staff is recommending that the Town Council authorize the Town Manager to enter into an agreement with the County
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 3 OF 3
of Marin, agreeing to provide up to $40,269 to support the program. The goal is ultimately for all the cities and towns in Marin to contribute to this effort, which will help dramatically expand local service capacity.
FINANCIAL IMPACT The Town’s proposed contribution to the Housing First Case Management Program in the amount of $40,269 is not included in the adopted Fiscal Year 2021-22 Budget. Therefore, if Council chooses to approve the proposed contribution, a budget amendment will be required to
provide funding for the project.
As part of the American Rescue Plan (ARP) approved in March 2021, the Town is set to receive a direct allocation of funds totaling approximately $2.17M. The Town recently received its first allotment of ARP funds totaling approximately $1.08M A portion of these funds will be
restricted to specific uses, including expenditures on projects related to water, sewer and
broadband infrastructure development. In preparation for receipt and expenditure of ARP funds, staff has established 2 new reserve funds, ARP1 (unrestricted) and ARP2 (restricted), with the first allotment split evenly between these 2 reserve funds.
If Council chooses to approve the proposed contribution, staff is recommending Council also
authorize a Fiscal Year 2021-22 budget amendment, increasing expenditures in the amount of $40,269, with the source of funds to be the ARP1 (Unrestricted) Reserve Fund. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. 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 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. Authorize the Town Manager to enter into an agreement with the County of Marin to
provide funding for Housing First Case Management in an amount not to exceed $40,269. 2. Authorize a Fiscal Year 2021-22 budget amendment increasing expenditures in the amount of $40,269 with the source of funds to be the American Rescue Plan
Unrestricted Reserve Fund (ARP1)
Exhibit(s): 1. Housing First Case Management Description and Contributions Prepared By: Greg Chanis, Town Manager
EXHIBIT 1
Housing First for High Service Utilizers
Summary
“Housing First for High Service Utilizers” will utilize $2,000,000 from the County of Marin and local cities and towns, primarily from American Rescue Plan (ARP)
funds, to create 68 new units of housing-focused case management. Based on ARP spending requirements, the proposed funding will cover four years of
operations. This memo will describe the funding, services provided, operationalization, and administration.
The purpose of this program is to leverage available emergency funding that was allocated to the jurisdictions to help address the increased burden caused by
the pandemic while remaining faithful to the evidence-based practices of the Housing First philosophy embraced in Marin County. The program’s intent is to
allow those using the greatest quantity of municipal services to have access to federal housing vouchers by providing them the case management required to
attain stable housing and to qualify for housing voucher referrals. Homelessness is a county-wide issue; though homelessness is more visible in some
jurisdictions than others, high housing costs across Marin are a primary driver of homelessness. Marin County programs regularly serve people experiencing
homelessness who grew up and became homeless in Marin cities in which no people are experiencing unsheltered homelessness.
Marin’s Coordinated Entry system assigns homeless housing resources (including vouchers) based on vulnerability. Most tenant-based vouchers are assigned to
the next eligible individual or family that has case management. By providing case management, this program will effectively prioritize high service utilizers for
housing resources.
As not all resources (both case management and housing) are available immediately at program launch, this program will be phased in over 6-12 months.
1. Funding
Housing First for High Service Utilizers will begin as a $2 million program. This funding will come from the County of Marin, as well as local cities and towns, per
the following commitment levels, if all jurisdictions agree to participate1:
Total Program $ 2,000,000
County contribution $ 1,165,408
City/town contribution $ 834,592
Jurisdiction Population Proposed Contribution2
Corte Madera 9,459 $41,497.50
1 As of July 20, 2021, San Rafael, Novato, Sausalito, Mill Valley and Fairfax are participating jurisdictions.
2 Proposed contributions were based on city/town general population
Fairfax 7,607 $33,372.60
Larkspur 12,204 $53,540.06
Mill Valley 14,311 $62,783.67
Novato 54,194 $237,754.03
Ross 2,464 $10,809.79
San Anselmo 12,605 $55,299.29
Belvedere 2,122 $9,309.41
San Rafael 58,994 $258,812.07
Sausalito 7,099 $31,143.96
Tiburon 9,179 $40,269.11
Subtotal (cities and towns) 190,238 $834,591.51
The program described in this memo outlines what is possible from a one-time funding commitment by the cities, towns, and County. Future funding could be
added to increase the number of case management slots and/or extend the number of years covered by the program.
2. Allocation of Case Management Resources:
The County allocation will provide a 100% match of the city contributions in each region; the unmatched County dollars will serve individuals County-wide.
To distribute services equitably across the County, taking into consideration need in the various regions, the relative funding commitments from different
partners, and logistical concerns in operating a case management program, this program will divide the County into four service areas covering the incorporated
cities in Marin: Central Marin, Novato, Southern Marin, San Rafael. In addition, the Coordinated Entry program will act as a fifth service area and serve highly
vulnerable clients countywide.
Service Area Number of Case Management Units
San Rafael 17
Novato 17
Southern Marin 13
Central Marin 9
Coordinated Entry 12
Each case manager will carry a case load of 17 individuals. The cost of Housing First case management is $595 per person per month or $121,380 per case
manager per year (includes salary, benefits, and management overhead). When fully committed, this program will fund four new Housing First case managers
for four years, thus providing 68 new case management units. When the available case management units are divided across the five regions, the number of
case managers per regions is:
- 1 dedicated case manager for San Rafael
- 1 dedicated case manager for Novato
- 2 dedicated case managers for the combined Central, Southern, and Coordinated Entry service areas
Each service area will identify a lead agency (e.g. a nonprofit or government agency) to maintain a by-name-list (BNL) of people known to be or suspected of
experiencing chronic homelessness within the service area.
Individuals on the list will then be screened for “service utilization” (e.g. police, EMS, fire, and public works contacts). It is not necessary that every service area
prioritize in the same way, but the criteria must be applied consistently and developed in partnership with the County. The chronically homeless individuals with
the highest service utilization in a given service area will be prioritized for any available case management slots allocated to that region. When service impacts
are identical, the Coordinated Entry assessment (VI-SPDAT) score and client age will be used as tie-breakers.
Service Area Lead BNL Agency Criteria
Central Marin Central Marin Police Authority TBD
Novato City of Novato PD contacts, EMS contacts, DPW over the preceding 12 months
Southern Marin TBD TBD
San Rafael City of San Rafael PD contacts, EMS contacts, DPW over the preceding 12 months
Coordinated Entry Coordinated Entry General Coordinated Entry prioritization protocols
When considering the service impact of people residing in encampments, if the encampment receives general calls for service rather than for a specific
individual (e.g. DPW trash pickup, PD calls for noise), those general calls may be allocated equally across all the individuals residing within that encampment. In
cases where, a call to an encampment is clearly tied to an individual (e.g. a medical call), then the service contact only counts towards the individual.
3. Services Provided
The target population for this program is people experiencing chronic homelessness3 who are high utilizers of public services, including Emergency Medical
Services transports, police interactions, and jail stays. (See Distribution of Case Management Resources on Page 3.)
3 Housing funded through County general funds or the Housing Choice Voucher Chronic Homeless set-aside shall be limited to individuals with disabilities and families in which
one adult or child has a disability, including unaccompanied homeless youth, that at intake are:
(1) experiencing chronic homelessness as defined in 24 CFR 578.3;
(2) residing in a place not meant for human habitation, emergency shelter, or safe haven; but the individuals or families experiencing chronic homelessness as defined
at 24 CFR 578.3 had been admitted and enrolled in a permanent housing project within the last year and were unable to maintain a housing placement;
(3) residing in an institutional setting for more than 90 days or residing in transitional housing and who were experiencing chronic homelessness as defined at 24 CFR
578.3 prior to entering the project;
Housing First for High Service Utilizers will provide Housing First case management; each case manager will carry a maximum case load of 17 clients at any given
time.
The program will provide case management in accordance with Housing First principles and HHS’s Housing-Based Case Management protocol (see attachments).
Case managers will engage with identified clients while they are unsheltered, assist with the transition to housing, and provide clients with the support they
require to stabilize in housing.
Access to Housing
Many of Marin County’s permanent supportive housing placements are independent, tenant-based vouchers combined with housing-based case management
from a variety of programs. When vouchers are available through Coordinated Entry (CE), the CE program reviews the list of eligible households, sorted by
vulnerability, and assigns a voucher to the next eligible household with case management. Currently, there are more housing vouchers available than case
management units; therefore, participants in the High Utilizer Case Management Program will be among the next clients allocated a housing voucher.
4. Program Administration
The funding will be pooled and administered by the County of Marin’s Health and Human Services Department (HHS). HHS will be expanding staff and technical
assistance capacity in this domain and has already established guiding principles and contractual language for Housing First programs. HHS will expand and
extend existing case management contracts to accelerate program launch. HHS has already begun the contracting process.
During the first two years of operation, HHS will provide quarterly updates about the program, with semi-annual reports thereafter. Those reports will include:
- Case management utilization
- Housing placement status (e.g. enrolling, searching, housed, fallout)
- Aggregate data on where housing placements are occurring
5. Projected Timeline
Timeline subject to changed based on ability to hire case managers quickly.
Date Activity
June 2021 • Identified nonprofits begin recruitment
• HHS begins contract modifications
(4) residing and has resided in a place not meant for human habitation, a safe haven, or emergency shelter for at least 12 months in the last three years, but has not
done so on four separate occasions; or
(5) receiving assistance through a Department of Veterans Affairs (VA)-funded homeless assistance program and met one of the above criteria at initial intake to the
VA's homeless assistance system.
• Cities and County begin approving program funding
July 2021 • Case manager recruitment continues
• Program details developed and approved
August 2021 • First case managers hired
• Case manager onboarding/training
• Program participants identified
September 2021 • Participants enrolled in case management; engagement begins
October 2021 – April 2022 • Program participants enter permanent housing
May 2022-June 2025 • Program participants stabilize in housing
• HHS develops plan for ongoing program funding
Attachment A
PRINCIPLES OF HOUSING FIRST
1. Clients are moved into permanent housing as quickly as possible, with no service or program readiness requirements.
2. The project’s rules are limited to client safety, and do not try to change or control clients or their behaviors.
3. The project uses a trauma-informed approach.
4. The project does not require detox treatment and/or days of sobriety to enter.
5. The project does not conduct drug testing.
6. The project does not prohibit program entry on the basis of mental illness diagnosis and does not have a policy requiring medication and/or
treatment compliance to enter.
7. The project does not bar clients based on past (non-violent) rule infractions.
8. The project accepts all clients regardless of sexual orientation or gender identification and follows all fair housing laws.
9. The project does not exclude persons with zero income and/ or limited to no work history.
10. If the project is short-term or time-limited, the services provided to enrolled clients should be focused primarily upon securing permanent
housing and enhancing housing stability upon exit, as opposed to building “housing readiness,” attaining sobriety, or adherence to
treatment.
11. The project does not terminate program participants for any of the above listed issues. The project also does not terminate participants for:
a. low or no income,
b. current or past substance use,
c. history of domestic violence,
d. failure to participate in supportive services,
e. failure to make progress on a service plan, and criminal records – with the exceptions of restrictions imposed by federal, state or
local law or ordinance.
12. If the project entails housing placement and/or housing stability services, program staff treat eviction and/or termination of housing as a
last resort. Before termination/eviction, staff should engage as many other alternative strategies as are applicable and reasonable,
including – but not limited to – conflict resolution, landlord mediation, support with rental/utility arrears, tenancy skills building, and
relocation.
Attachment B
ROLES AND RESPONSIBILITIES OF
HOUSING-FOCUSED CASE MANAGERS
Any team serving individuals receiving housing vouchers shall:
• Provide housing location services tailored to the needs and preferences of the client.
o Housing location services include, but are not limited to, determining the characteristics of a unit appropriate for a client (including
geographic location, community ties, safety, unit accessibility, etc.; locating potential units near public transportation and other
amenities; networking with landlords, renter’s associations, property management businesses to stay abreast of available units;
selling the program to potential landlords and property managers, and developing and maintaining relationships with landlords
renting to clients. Develop and maintain relationships with property owners/managers by contacting them for your client and saying
hello when you are on their site. Accompany client to open houses, apartment viewings and housing application appointments to
assist with locating and securing housing, often during regular working hours.
• Screen available units to determine the potential for a unit to pass Housing Quality Inspections (HQS) performed by the Marin Housing
Authority prior to move-in or approval of a rental subsidy agreement.
• Assist client in securing necessary personal documentation and completing required paperwork, including “reasonable accommodation” if
appropriate, to qualify for a Marin Housing Authority, or other, rental subsidy. Provide direct support and assistance and work in
partnership with clients to help them move into housing.
o May include arranging for or directly helping the client move their items to the unit because they do not have any other way to
transport their items. This also means ensuring the client is set up with basic items, such as linens, pots/pans, towels, etc.
Homeward Bound works with our volunteer coordinator to gather a basket of basic items to assist a client start off with basic items.
• Provide housing stabilization services. Services should flex in intensity to match the client’s need. For example, services are generally
intensive when clients are first placed in housing and may taper as the client gains stability.
o Housing stabilization services include, but are not limited to, ensuring the client is able to maintain a space clean enough to pass
inspection; is able to manage their finances or is connected to a representative payee, is able to navigate transportation if necessary
to reach appointments related to health, benefits, etc.; intervening with landlords in the event that behavioral or neighborhood
issues arise.
• Work collaboratively with client to mitigate tenancy issues early with the goal of helping formally homeless clients retain their housing.
o Can occur in regularly scheduled client meetings. Can involve helping solve roommate disputes, community disputes (comes up
often when living in a community where neighbors tend to report concerns), help the resident set boundaries around guests and
their behaviors within the unit and around the complex, timely rental payments, maintaining cleanliness in and around the unit,
proactively avoiding lease violations, etc.
• At move-in, make attempts to meet with client weekly, 60-90 days after move-in to housing to discuss client successes and any challenges in
housing, and, if necessary, to develop strategies to address housing challenges to ensure client retains housing. At least one of these
meetings per month will be a home visit in the client’s home, if client permits.
o The purpose of home visits is to partner with client to identify needs for support and assistance to maintain their new home and
remain a tenant in good standing with their property manager.
• After housing stabilization (likely after 60-90 days of tenancy), the case manager will continue to meet with the client frequently as
determined by their needs for clinical and housing support. There will continue to be home visits at least one time per month.
• Annual assessment of the client including the following domains: client strengths and resources, Cultural Identity, Behavioral Health,
Medical, Social, Family Support, Education and Employment History.
• Work in partnership with the client to create a treatment plan that articulates the client’s goals for treatment and details the specific
interventions planned to assist the client to achieve these goals.
• Develop and provide (or connect to) high quality interventions and services in support of wellness and recovery. Services include strength-
based case management, skills development, medication support, therapy, crisis intervention, and peer and family support.
• Does “whatever it takes” to provide the type and intensity of service that the client needs to have the best opportunity for success in
housing.
o This can mean checking on the client that you know is particularly vulnerable more frequently, being willing to transport them to
other services when needed, proactively working with them to address issues that arise from their mental illness and/or substance
use and how it may be impacting their living situation, enlisting service providers that may be need to stabilization and/or crisis
services.
• Maintain contact at least once per month or more often if needed with the client’s housing property manager to provide a regular
opportunity to be informed of any housing challenges for the client. Sometimes this takes the form of dropping by to say hello each time
you are at the site for any client. Getting the appropriate release of information from the client to talk to the property manager allows
sharing information both directions, without it you can still get information from the property manager.
• Provide client with skills training to understand their tenancy rights and fulfill their tenancy responsibilities as articulated in their
landlord/tenant lease.
• Attend a WIZARD training and use the system for coordination with other providers involved in the client’s care.
• Document all housing and clinical services in the client file within 72 hours.
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Subject: Consider Request from The Belvedere-Tiburon Joint Recreation Committee (The Ranch) for $54,880 in American Rescue Plan Funds due to COVID-19
Related Hardships. Reviewed By:
_________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY Council will consider approving a request from The Ranch for financial assistance in the amount
of $54,880 to assist it in recovering from the effects of the COVID-19 pandemic. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Consider approval of the request by The Ranch for financial assistance in the amount
of $54,880.
2. Authorize a Fiscal Year 2021-22 budget amendment increasing expenditures in the amount of $54,880 with the source of funds to be the American Rescue Plan Unrestricted Reserve Fund (ARP1).
BACKGROUND
The Belvedere-Tiburon Joint Recreation Committee (The Ranch) is a JPA formed by the Town of
Tiburon and City of Belvedere. The Ranch provides a broad array of recreation and educational programming to residents of the Tiburon Peninsula. As an organization almost 100% reliant on programming revenue, The Ranch was particularly hard hit by restrictions associated with the COVID-19 pandemic. On May 6, 2020, the Council approved a contribution to The Ranch in the
amount of $99,200. At that time, the Belvedere City Council approved a contribution totaling
$24,800, for a total contribution to The Ranch of $124,000. On June 7, 2021, the Town received an additional request for financial assistance from The Ranch which is included in this Staff Report as Exhibit 1. The Ranch is asking for a total of
$68,600 in funds from the Town and City combined. Using the traditional 80/20 split with the
City of Belvedere, this equates to a request to the Town of $54,880. On June 14, 2021, the Belvedere City Council approved a contribution to The Ranch in the amount of $13,720, or 20% of the total amount requested
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: CC-16
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 3
The American Rescue Plan (“ARP”) funding rules explicitly include personal protective equipment (PPE) and “rebuilding public sector capacity to pre-pandemic levels” as eligible uses of funds, however, The Ranch is not recognized as an entity that can receive direct ARP funding.
As a result, the only method by which The Ranch can request ARP funds is to request a portion
of funding from an eligible state, territory, city, county, or Tribal government. Based on ARP guidelines, the Town of Tiburon is an eligible entity under which The Ranch may be considered as a sub-recipient of ARP funds.
ANALYSIS
Staff has reviewed the information included in the request and finds it to be reasonable, as well as factually and mathematically correct. The COVID-19 pandemic has presented The Ranch with an unprecedented financial challenge. Over the past 18 months, The Ranch Director in
conjunction with The Ranch Board of Directors has taken the appropriate, albeit difficult, steps to
mitigate the effect of the sudden, precipitous decline in revenue caused by the pandemic. The request to the Town and City for a total of $68,600 in financial assistance appears to be well founded, and staff recommends Town Council approve the request.
FINANCIAL IMPACT The Towns share of the proposed request from The Ranch in the amount of $54,880 was not included in the Fiscal Year 2021-22 Budget. Therefore, if Council chooses to approve the request, a budget amendment will be required to provide funding for the project.
As part of the American Rescue Plan (ARP) approved in March 2021, the Town is set to receive a direct allocation of funds totaling approximately $2.17M. The Town recently received its first allotment of ARP funds totaling approximately $1.08M A portion of these funds will be restricted to specific uses, including expenditures on projects related to water, sewer and
broadband infrastructure development. In preparation for receipt and expenditure of ARP funds,
staff has established 2 new reserve funds, ARP1 (unrestricted) and ARP2 (restricted), with the first allotment split evenly between these 2 reserve funds. If Council chooses to approve the request for financial assistance, staff is recommending Council
also authorize a Fiscal Year 2021-22 budget amendment, increasing expenditures in the amount
of $54,880, with the source of funds to be the ARP1 (Unrestricted) Reserve Fund. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. 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 were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 3 OF 3
RECOMMENDATION Staff recommends that the Town Council:
3. Consider approval of the request by The Ranch for financial assistance in the amount of $54,880. 4. Authorize a Fiscal Year 2021-22 budget amendment increasing expenditures in the amount of $54,880 with the source of funds to be the American Rescue Plan
Unrestricted Reserve Fund (ARP1)
Exhibit(s): 1. June 7, 2021 Letter from The Ranch Prepared By: Greg Chanis, Town Manager
EXHIBIT 1
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Subject: Consider Proposal from Magellan Advisors for Development of a Broadband Strategic Plan for the Town of Tiburon
Reviewed By:
_________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY Council will be considering a proposal from Magellan Advisors for completing a Broadband Strategic Plan for the Town of Tiburon. RECOMMENDED ACTION(S) Staff recommends that the Town Council: Receive the Staff Report, Magellan Presentation, and any Public Comment; and 1. Consider authorizing the Town Manager to draft and execute a Professional Services Agreement with Magellan Advisors in the amount of $93,750 for the completion of a Broadband Strategic Plan for the Town of Tiburon as detailed in the proposal attached as Exhibit 2 2. Authorize a Fiscal Year 2021-22 budget amendment increasing expenditures in the amount of $93,750 with the source of funds to be the American Rescue Plan Restricted Reserve Fund
(ARP2).
BACKGROUND Over the past year, the Council Ad-Hoc Technology Sub-Committee (Mayor Thier and Vice
Mayor Welner) has met several times and discussed a wide variety of topics, including several
discussions related to broadband availability and digital infrastructure. This conversation is also occurring on a countywide basis, where in response to a 2019 Marin County Grand Jury Report, the Marin County Information Service and Technology Department (MCISTD) received funding for a project to develop a Digital Infrastructure Strategic Plan for the entire County. This ongoing
effort is known as Digital Marin (https://godigitalmarin.org/). As part of this effort, MCIST
contracted with Magellan Advisors (Magellan) to provide professional consulting services related to the project. Magellan has extensive experience working with municipalities, utilities and regional governments in planning, engineering, grant development, implementation and management of fiber and broadband networks.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: AI-1
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 3
With the goal of evaluating options for a more Tiburon specific approach, the subcommittee requested Magellan provide an overview to Council on various approaches to improving local broadband infrastructure.
On May 19, 2021, a representative from Magellan presented Council a summary of potential
services it could provide to Tiburon in the area of broadband strategic planning. A copy of Magellan’s May 19 presentation is attached as Exhibit 1. At the conclusion of this item on May 19, Council unanimously directed staff to work with Magellan in developing a scope and cost proposal to develop a Broadband Strategic Plan for the Town.
ANALYSIS Subsequent to the May 19 meeting, staff worked with Magellan in refining a proposal for Council consideration. This proposal is attached as Exhibit 2. The proposal details a scope of work
consisting of 8 distinct tasks including:
1. Funding Analysis 2. Asset Assessment 3. Market Assessment and Gap Analysis
4. Needs Assessment
5. Business Model Analysis 6. Conceptual network Design 7. Financial Analysis 8. Report Compilation and Approval Process
The total proposed cost to the Town for completion of this Broadband Strategic Plan is $93,450, and Magellan estimates the entire process would take approximately 7 months to complete. At today’s meeting, a representative from Magellan will review the proposal with Council and be available to answer any questions.
FINANCIAL IMPACT As noted above, the proposed cost for completing the work detailed in the Magellan proposal is $93,450. As this project was not included in the Fiscal Year 2021-22 Budget, if Council chooses
to move forward with the work, a budget amendment will be required to provide funding for the
project. As part of the American Rescue Plan (ARP) approved in March 2021, the Town is set to receive a direct allocation of funds totaling approximately $2.17M. The Town recently received its first
allotment of ARP funds totaling approximately $1.08M A portion of these funds will be
restricted to specific uses, including expenditures on projects related to water, sewer and broadband infrastructure development. In preparation for receipt and expenditure of ARP funds, staff has established 2 new reserve funds, ARP1 (unrestricted) and ARP2 (restricted), with the first allotment split evenly between these 2 reserve funds.
Based on initial guidance provided by the US Treasury Department, staff believes costs associated with the Magellan proposal meet the criteria for the use of restricted ARP funds. Therefore, if Council chooses to move forward with the Magellan proposal, staff is
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 3 OF 3
recommending Council also authorize a Fiscal Year 2021-22 budget amendment, increasing expenditures in the amount of $93,750, with the source of funds to be the ARP2 restricted reserve fund.
CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. 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 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:
Receive the Staff Report, Magellan Presentation, and any public comment; and 1. Consider authorizing the Town Manager to draft and execute a contract with Magellan Advisors in the amount of $93,750 for the completion of a Broadband Strategic Plan
for the Town of Tiburon as detailed in the proposal attached as Exhibit 2.
2. Authorize a Fiscal Year 2021-22 budget amendment increasing expenditures in the amount of $93,750 with the source of funds to be the American Rescue Plan Restricted Reserve Fund (ARP2)
Exhibit(s): 1. Magellan Advisors May 19, 2021 Presentation
2. Magellan Proposal
Prepared By: Greg Chanis, Town Manager
EXHIBIT 1
Town of Tiburon, CA
Broadband Strategic
Planning
Presented By:
Jory Wolf, VP of Digital Innovation
Wednesday, May 19, 2021
Agenda
Introductions
Why Broadband
Similar & Regional Projects
Broadband Strategic Plan
Process
Questions
About Magellan
.
About Magellan
.
.
FE
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CUSTOMER STATE TYPE
Alameda County CA County ●
City of Carlsbad CA City ●●
City of Chula Vista CA City ●●
City of Concord CA City ●●
City of Davis CA City ●●
City of Fairfield CA City ●●
City of Fremont CA City ●●
Ferry County & Colvlle Tribes WA County ●
City of Glendale CA City ●●
Grays Harbor PUD WA Utility ●
City of Hayward CA City ●●
City of Hidden Hiils CA city ●
City of Hillsboro OR City ●●●●
City of Huntington Beach CA City ●
City of Inglewood CA City ●●
Jefferson Public Utility District WA
Utility ●●●●●
City of La Mesa CA City ●●
City of Lodi CA Utility ●●●●
City of Manhattan Beach CA City ●●
Marin County CA County ●●
Marion County OR County ●●●●●●
City of Mission Viejo CA City ●●
City of Moreno Valley CA City ●
Napa County CA County ●●●
Navajo Nation NM Organization ●●●
Navajo County AZ County ●●
Northern AZ Council of Gvt AZ Organization ●●
City of Oxnard CA City ●●
City of Paso Robles CA City ●
Pierce County WA County ●●●●●
Pima Association of Gvts AZ
Organization ●
City of Rancho Cucamonga CA City ●●●●●●●
City of Rancho Santa Fe CA City ●●
City of Sacramento CA City ●
City of San Leandro CA City ●●
City of Santa Ana CA City ●●
City of Santa Clarita CA City ●●●
Town of Skykomish WA Town ●●●
Sonoma County CA County ●●●
South Bay COG CA Organization ●●●●●●●●
City of South San Francisco CA City ●
Southern California Assn of Gvts CA Organization
City of Stockton CA City ●
City of Ventura CA City ●●
Ventura County CA County ●●●
City of Walla Walla WA City ●●●
City of West Hollywood CA City ●●●
City of West Sacramento CA City ●●
Whitman County WA County ●●●
City of Winters CA City ●●
Yolo County CA County ●●●
BROADBAND PLANNING ENGINEERING TURNKEY IMPLEMENTATION
Key West Coast Clients
Why Broadband?
•Broadband encourages:
•Economic growth
•Better quality of life for the community
•Increased property values
•Government innovation
•Better, more efficient, cost-effective
delivery of community services
Why Broadband?
WORKING FROM
HOME &
ECONOMIC
DEVELOPMENT
EDUCATION &
VIRTUAL
LEARNING
HEALTHCARE &
TELEMEDICINE
PUBLIC SAFETY &
FIRST RESPONDER
DIGITAL EQUITY &
LITERACY
COVID-19 Paradigm Shift
Not possible without fast, reliable broadband services
Similar Projects & Regional Work
.
City of Palo Alto, CA
FTTH Design & Business Planning
Napa County, CA
Broadband Strategic Plan & Plan Implementation
Marin County, CA
Digital Infrastructure Strategic Plan & Digital Literacy
Sonoma County, CA
Broadband Strategic Plan & Broadband Business Planning
City of South San Francisco, CA
Broadband & Wireless Feasibility Study
Town of Skykomish, WA
Broadband Strategic Plan
City of Manhattan Beach, CA
FTTH Broadband Master Plan
City of Fairfield, CA
Broadband Master Plan & Business Plan
City of Concord, CA
Broadband Master Plan
City of Hayward, CA
Broadband Public-Private Partnership
City of Vallejo, CA
Broadband Consulting
•Strategic joint builds
•Reinvestment of revenues received for the use of infrastructure in the public right-of-way
•Grant opportunities including economic development, transportation, CASF, EDA
Funding Analysis
•Fiber & Copper Networks, Facilities, Datacenters, & Related Infrastructure
•Tools such as Broadband Now, Fiber Locator, Provider Interviews
•Evaluate CIP, Development Agreements to Assess Opportunities
Asset
Inventory
•What service offerings are currently available?
•Providers
•Service Levels
•Pricing
•What communities are unserved or underserved?
Market
Assessment &
Gap Analysis
•Broadband Survey Instrument
•Workshop Sessions
•Satisfaction with Current Service
•Current and Future Needs
•Digital Inclusion
Needs
Assessment
Work Plan
•Opportunities for Joint Build
•Legal & Operational Structures
•Balancing Goals
•Partnership Matrix & Key Next Steps
Partnership
Evaluation
•High Level Network Design
•Leverage Existing Assets
•Collaboration with Regional Partners
•Estimated High-Level Costs
•Leads to Shovel-Ready Project for Grant Applications
Conceptual
Network
Design
•Detailed findings of all previous tasks
•Recommendations & Action Items
•Review & Refinement w/County Team
•Presentation to Leadership for Approval
Final Plan
Compilation
& County
Approval
Work Plan
Questions?
EXHIBIT 2
Broadband Strategic Plan
Prepared for:
Greg Chanis
Town Manager
Town of Tiburon, CA
1505 Tiburon Blvd
Tiburon, CA 94920
Prepared by:
Jory Wolf
Magellan Advisors
jwolf@magellan-advisors.com
818-312-7768
www.magellan-advsors.com
PROPOSAL TOWN OF TIBURON, CA
WWW.MAG ELLAN -ADVISORS . C O M 2
About Magellan Advisors
Magellan Advisors is the leading turnkey broadband development firm for municipalities
and utilities. We specialize in planning, designing and building fiber to the home networks
for communities that need faster, more reliable high-speed internet. With over 17 years
in business and over 400 municipal clients, Magellan is the most experienced firm for
munis that want to enhance economic development, education, healthcare and the quality
of life of their communities through world-class broadband.
We are the only firm that creates custom tailored broadband networks to achieve
municipal objectives. Our networks deliver the fastest internet services at the lowest cost,
while giving munis a platform to deploy smart city innovations that help them manage
their communities. We’ve led the planning, funding, construction and management of over
50 fiber broadband networks passing over 1 million households and connecting more than
1,000 schools, hospitals, government offices and community organizations and totaling
$1 billion in investments. Magellan has helped more communities successfully plan,
implement and manage broadband networks than any other firm in the market.
We maintain experts across all aspects of developing networks, from feasibility studies,
financial planning and grant development, to engineering design, project and construction
management, to operations and management of live broadband networks. Our staf f is
composed of broadband, telecom, government and utility professionals that have been
on the front lines of deploying fiber and wireless networks for their entire careers.
Magellan is a one-stop-shop for every aspect of broadband, with seasoned experts guiding
our muni clients every step of the way to ensure their communities are empowered in the
digital economy
WWW.MAG ELLAN -ADVISORS . C O M 3
WWW.MAG ELLAN -ADVISORS . C O M 4
Magellan’s West Coast Clients
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Key Personnel
JORY WOLF
VP of Digital Innovation: Project Executive
Jory joined Magellan after 22 years as CIO of the City of Santa Monica, CA where he launched Santa Monica
City Wi-Fi, which provides free internet services to the public through a network of 32 hot zones and
wireless coverage in most major commercial and transit corridors throughout the city. He created Santa
Monica City Net, a 100-gigabit broadband initiative to support an environment for local businesses to
compete in the global economy with cutting edge network solutions. Jory has over 35 years of experience
in Information Technology, including broadband, FTTH and Smart City initiatives. Jory and his teams have
received over 50 awards for information technology projects during his career and in 2012 he received
the CIO Lifetime Achievement Award from the Los Angeles Business Journal. Since joining Magellan
Advisors in July 2016, Jory has led teams that have worked on 60+ government projects in broadband
master planning, feasibility studies, wireless strategic planning, 5G small cell policies, dig once policies and
smart city.
PRESTON YOUNG
Senior Broadband Consultant
Preston Young has many years of experience in the telecom industry, specializing in program
management of large-scale fiber optic construction over builds. He has experience managing many
projects of all sizes, working with major telecom and wireless providers in managing all aspects of the
projects including contract management, budget analysis, high-level design, low-level design,
construction, milestone reporting, and government and municipality management. Preston is a very
detailed program manager with a tenacious quest for success and learning, results driven leadership and
analytical thinking. He thrives on efficient on-time projects that meet or are under budget.
AL KAMUDA
Design Team Lead
Al Kamuda is a seasoned telecommunications and GIS professional with over 20 years’ experience in
telecommunications engineering, mapping, design and outside plant construction. Prior to joining
Magellan, Al was the Senior Design Manager for the Central Florida region at Spectrum (Charter
Communications), where he led the planning, project management and implementation of outside plant
design for various company growth projects including residential, commercial, cellular backhaul and
metro WIFI. His extensive experience with the telecommunications industry, CAD platforms and
geospatial expertise along with his strategic forward thinking provides an extremely diverse skill set that
allows him the valuable insight needed to understand the client’s objectives in all aspects of
telecommunications construction and design processes.
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MATTHEW SOUTHWELL
Associate Project Manager – Design
Matthew Southwell has over 13 years in the telecommunications field. Matthew’s career began as a U.S
Army Sergeant where he worked on tactical communication systems, Sat-Com radio systems, and
deploying weekly COMSEC key changes OTAR (Over the Air Rekeying) with newly deployed radio systems
during two Operation Enduring Freedom deployments. Matthew’s private sector work includes work with
a Motorola radio distributor and contractor where he supported many Federal, State, and local County
entities to include: Department of Homeland Security, Immigration and Customs Enforcement, Drug
Enforcement Administration, Florida Highway Patrol, Greater Orlando Airport Authority, Orange County
Sheriff’s Office, and the Lake County Sheriff’s Office. Matthew joined Magellan Advisors in 2016 as a
telecommunication analyst where he has contributed his knowledge and technical expertise to over 65
broadband projects. Matthew’s current role within Magellan includes analysis of client GIS data and
mapping, creating conceptual network designs and costing estimates for future fiber builds. Matthew is a
Certified Fiber to the Home Professional (CFHP) and holds a Business Management Degree with High
Honors from Keiser University in Orlando, FL.
MELANIE DOWNING
Project Management Analyst
Melanie has a background in technical communication and has extensive experience coordinating,
researching, and implementing projects across a variety of fields from defense contracts to small business
plans. Prior to joining Magellan in 2018, she worked in healthcare management and consulting and was a
graduate student at the University of Central Florida studying technical communication in technology and
public policy. In her current role as Project Management Analyst, she supports Magellan’s West Coast
team, assisting more than 40 local governments across California, Oregon, and Washington with
broadband initiatives. Melanie coordinates project-related data including the development and
completion of scopes of work, timelines, milestones, deliverables, project tasking, and quality control,
helping to ensure the success of our clients’ communities.
Scope of Work
TASK 1. FUNDING ANALYSIS
Our team of broadband funding experts will work with the Town of Tiburon to identify funding
strategies and sources available for expanding broadband. We will explore funding options
including leveraging federal funding sources and the reinvestment of revenues received for the
use of infrastructure in the public right-of-way into the Town’s broadband program. We will
evaluate funding sources at the state and federal levels, providing an analysis of grant and loan
opportunities that may be available to Tiburon, which may include the use of American Rescue
Plan, California Advanced Services Fund, economic development, transportation, USDA, and
other funding sources. At the onset of the engagement, our team will identify and assess grant
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and loan opportunities for which to apply. The final report will include a funding action plan and
schedule, identifying key dates and action items for pursuing each funding source.
TASK 2 . ASSET ASSESSMENT
We will conduct a comprehensive asset inventory of the current broadband assets in the public
right-of-way including conduit, fiber, antennas, poles, towers, abandoned facilities, active
facilities and other infrastructure to determine their usefulness for expanding broadband within
the region. This effort will provide a realistic assessment of assets available for expanding
broadband connectivity.
We believe that the following components should be analyzed:
Underground conduit, innerduct, empty and available conduit
Fiber cables, strand counts, splice points, terminations and utilized strands
Vault and handhole locations
Available and reserved capacity throughout the network
Construction and placement method policies
Current as-builts and documentation
Terminating locations and public facilities
GIS maps including publicly-owned property, right of way, easements
Location of capital improvement projects and economic development zones
Current and planned locations of public safety cameras and traffic signal interconnect
Magellan will request GIS files, capital projects, planning and development data from the Town to
develop a broadband asset map. Using this data, we propose to first build a geo-correct layer of
conduit and fiber, identifying placed conduit, type, size, status (occupied/vacant) and related
information. A second layer will incorporate poles, traffic signal cabinets and other assets to be
used for expanding broadband.
A third layer will include General, Economic Development, Transportation and Capital Projects
Plans to identify strategic and cost-effective methods of deploying and expanding broadband in
a planned, organized and phased approach. We will work closely with the Town to assess planned
projects that may create opportunities to install additional conduit and fiber through long -term
capital projects schedules, public rights-of-way encroachments and development agreements,
and build a map that identifies the projects where broadband infrastructure could be installed
over a 10-year period.
TASK 3 . MARKE T ASSESSMENT & GAP ANALYSIS
Our team will conduct a market analysis to gain an understanding of what service offerings are
currently available to businesses and residents in Tiburon. Magellan’s market analysis will identify
the services that are available, providers, service level, pricing, and access. We will document all
privately-owned networks and research incumbent providers that currently serve the market as
well as potential new entrants. This information will come from a variety of sources, including our
comprehensive broadband database, third-party research, and information obtained from the
providers themselves.
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We will then analyze the current market and delineate served, underserved and unserved areas,
which will allow us to conduct a gap analysis indicated areas that have a need for broadband but
currently lack the necessary infrastructure. We will also work with the local providers to
understand and document their current needs, as they too are stakeholders in the region.
TASK 4 . NEEDS ASSE SSMENT
Magellan will conduct an online broadband survey for Tiburon’s community, providing important
information to inventory current services, test speeds across the Town, and identify opportunities
to build additional infrastructure to serve underserved communities and improve services and
rates. The survey instrument will include an embedded speed test since actual performance is
often lower than what is documented by the FCC and other sources. Magellan will build the survey
based on our experience of what questions work best to build an understanding of current and
future broadband needs and will also guide the Town in effectively marketing the survey to
receive a strong response rate, including the use of social media, partnering with local business
groups, and posting the survey on the Town’s website.
Magellan proposes to also hold up to ten (10) interviews with local businesses and key anchor
organizations to gain an understanding of their current and future broadband and technology
needs. We will also hold two (2) workshops for Tiburon’s residents. We find the most effective
format for these interviews to be in group settings where participants are encouraged to share
open, honest feedback with our team.
Community partners to be included in this process may include:
Town departments including IT,
Planning, Public Works, Economic
Development, and the Town
Manager’s Office
Local businesses, Chambers of
Commerce and Economic
Development Groups
Anchor Institutions such as Healthcare
facilities, schools, and libraries
Public safety agencies
Transportation & Utilities
Residents & Community groups
Non-profit organizations
Commercial property developers
TASK 5 . BUSINESS MODEL ANALYSIS
Magellan will help Tiburon analyze a range of business model options in the framework of
financial, operational, and organizational requirements to determine which models are “best fit”
for the Town, have the greatest chance of success, and will be the most financially sustainable.
We will present each analysis of every business model to the Town’s team and provide an analysis
of how each meets Tiburon’s goals in the project.
Magellan will work with Tiburon to define the range of business model options to evaluate for
expanded fiber deployment, which may include the following:
Wholesale dark fiber and/or services for use by telecommunications providers;
Expanded retail services to a range of customer segments;
Use of the network by existing broadband providers;
Others to be determined.
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Each community is unique, and through our proven process we will work with Tiburon to select a
business model that is most feasible and that will best serve the Town’s goals. Some
considerations for the business model include:
Public-Owned
Considerations for Town-owned “middle mile” infrastructure and options for “last mile”
connections
Open Access
New and continued lease agreements for fiber infrastructure (conduit, dark o r lit fiber,
vertical and other assets) to other municipal entities, telecommunications carriers, other
service providers or businesses
Connection to an internet Point of Presence (POP) and offer a choice of Internet Service
Providers (ISPs) through either wholesale, retail, revenue sharing or passive network access
Demand-Driven
Expanding the network and associated services where areas of demand (both social and
economic) will be strongest
Realizing a financial return on investment in terms of economic development impact,
infrastructure enhancement, leased line or other communications service savings and
revenue generation
Focusing on social return on investment in terms of enhancing Quality of Life to close the
Digital Divide for e-learning, telehealth, remote work, Public Safety, and Smart City
initiatives
Incremental Build
Town/municipal buildings and facilities, evaluating leased-line savings, communications
and operational enhancements
Community Anchor Institutions (CAIs) such as large businesses, hospi tals, learning
institutions, etc.
Business economic development zones or corridors and the broader business community
Magellan will also assist Tiburon in investigating the private sector’s interest in using the network
including considerations such as:
What opportunities exist for the Town to leverage its existing infrastructure to provide additional
broadband service options to unserved and underserved locations?
Which commercial corridors or key businesses will be anchor tenants of the network and how will
that affect investment?
How might joint investment in broadband infrastructure be accomplished between the Town and
other public or private sector organizations?
What legal and operational structures should be considered by the Town and other organizations
in use of the proposed infrastructure?
How will the Town balance private sector goals of revenue growth and profitability with public goals
of providing affordable and available broadband services across the region?
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How will future system expansion be handled between the Town and private sector providers and
what contributions will the parties make to this infrastructure?
What regional opportunities exist for collaboration?
TASK 6 . CONCE PTUAL NETWORK DE SIGN
Magellan will assist the Town in developing a conceptual broadband network design based on the
needs of the businesses that will subscribe to such a network . We propose to utilize any existing
conduit, fiber, facilities and other assets including, streetlight poles, traffic signal poles and traffic
signal cabinets as a foundation to develop an expanded fiber -optic network capable of serving
the needs of municipal government, businesses, and anchor institutions.
Magellan will work with Tiburon’s staff to identify infrastructure that is required to meet the needs
of the community determined in the needs analysis. Our team will thoroughly review all
communications facilities owned by the Town that could be utilized in a new strategy that would
be developed as part of this Plan. Our consultants will advise Tiburon about the pros and cons of
each delivery method and the costs associated with each as the infrastruct ure that is chosen can
have a major impact on long-term financial sustainability.
The overall network design will be based on the needs of the municipal users, businesses,
residents, and anchors that will utilize it. This will determine the bandwidths and speeds,
performance, redundancy and scalability requirements and solution-specific requirements.
Magellan will design a network that meets the specifics outlined by Tiburon, and the network
design will include the following:
Gigabit-capable with a path to 10-gigabit
High-performance, dedicated connectivity
Reliable and redundant
Flexible to support multiple technologies, such as GPON and Active Ethernet
simultaneously
Scalable to support future growth, density and bandwidth requirements
Administratively lean
Supportive of Smart City applications and Smart Grid technologies
Leverage the existing network, including adding redundancy and resiliency, building the
network to carrier-grade levels, monetizing current assets including leasing infrastructure
Capitalize on joint-trench opportunities and other right-of-way access opportunities in
conjunction with other Public Works projects and private development agreements to
expand network infrastructure
TASK 7 . FINANCIAL ANALYSIS
Magellan will evaluate the current financial and budgetary environment for the network. We
believe that Tiburon’s decision-making process for a network expansion needs to include
financial analysis of the proposed hardware solution and the operational cost s that the Town
will incur in deploying the selected solution. These operational costs include more than
equipment service contracts; the selected solution will have financial impacts across many
aspects of Tiburon’s operations. We want to make sure these are evaluated so the Town
understands all financial impacts to the organization.
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Magellan proposes using our Broadband Financial Sustainability Model to ensure that Tiburon
has a full understanding of the business and financial sustainability of various broadband
initiatives. Using these tools will allow Tiburon to evaluate different business models and make
informed decisions on which are most adequate for the Town and community – including
environments that require no funding.
Using our financial tools, we suggest using the following process to conduct the busi ness model
analysis and make recommendations. We would propose using a 10 -year period to analyze the
project:
1. Develop the cost model for the network, including one-time and ongoing capital
expenditures to build the network.
2. Develop the cost model for operations, including O&M, network operations, field services,
staffing, billing and customer service.
3. From the market analysis and outreach, determine the customer segmentation and
growth on the network, across each type of customer (business, school, hospit al, etc.).
4. Determine customer growth rates for the network, based on benchmarking analysis from
other utility and municipal providers.
5. Determine a proposed competitive rate schedule for potential services, using pricing
information from the market analysis and benchmarking information.
6. Develop financial statements, pro-formas, depreciation schedules, and cash flows.
7. Conduct comprehensive financial analysis on the project to determine overall financial
sustainability using key metrics such as free cash flow, debt service coverage, operating
margin, and net income.
8. Use scenario analysis to evaluate different business models and determine which are
feasible for Tiburon to consider.
9. Recommend the most feasible business model based on overall business and financi al
sustainability, community benefit, and long-term value to the Tiburon community. This
model will be designed to generate revenue for Tiburon for a self-sustained broadband
maintenance and development program. Our pro formas will indicate the cost of
resources both internally and externally, as estimated based on previous similar
engagements.
TASK 8 . REPORT COMPILATION & APPROV AL PROCESS
The culmination of the project will be a Broadband Strategic Plan that lays out strategies for
Tiburon to develop its municipal and community broadband initiatives. Magellan will provide a
report that details actionable steps for the Town to expand broadband access to increase
economic development. Prior to finalizing, Magellan will provide the Town’s team with an
opportunity to review the Plan and will work with the Town to ensure that it is 100%
representative of the needs of the community. We will also be available to present our findings
and recommendations to leadership for adoption of the Plan.
PROJECT MANAGE MENT & M EETINGS
Magellan’s project team will meet on a bi-weekly basis with your project team to discuss the status
of the project, major milestones and deliverables, and ensure alignment on project goals.
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*Due to the COVID-19 pandemic, Magellan Advisors will be limiting onsite visits in adherence to
CDC guidelines. Magellan’s team will work with Tiburon’s team to conduct meetings remotely and
will inform the Town’s team of any updates to this policy as the situation progresses.
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Project Timeline
Based on projects of a similar nature, we estimate that Tiburon’s Broadband Strategic Plan
process would take approximately seven (7) months to complete.
Ongoing Task
Final Deliverable
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Funding Analysis ◆ ◆
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Asset Assessment ◆ ◆ ◆
Market Assessment & Gap Analysis ◆ ◆ ◆ ◆
Needs Assessment ◆ ◆ ◆ ◆
Business Model Analysis ◆ ◆ ◆
Conceptual Network Design ◆ ◆ ◆
Financial Analysis ◆ ◆
Report Compilation & Approval Process ◆ ◆
Project Management & Meetings ◆ ◆ ◆ ◆ ◆ ◆ ◆
MagellanADVISORS
MagellanADVISORS
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Estimated Costs
The total cost to the Town of Tiburon for the Broadband Strategic Plan is $93,450 and includes all
work to be completed by Magellan as stated in this Proposal. Magellan will bill the Town in seven
(7) equal monthly payments of $13,350. Magellan will bill on the first day of the month for the
current month’s services. Travel and incidental expenses are not anticipated for this project and
all work will be performed remotely. Invoices are payable on net 30 terms from the date of
invoice.
Description Hours Cost
Funding Analysis 30 $6,300
Asset Assessment 40 $8,400
Market Assessment & Gap Analysis 30 $6,300
Needs Assessment 60 $12,600
Business Model, Partnerships, and Lease Opportunities 40 $8,400
Conceptual Network Design 60 $12,600
Financial Analysis 50 $10,500
Report Compilation & Approval Process 80 $16,800
Project Management & Meetings 55 $11,550
Total Not-to-Exceed 445 $93,450
Tiburon Town Council
August 4, 2021
AI-1: Magellan Proposal
Late Mail
Requests for Copies:
Lea Stefani, lstefani@townoftiburon.org
From:Greg Chanis
To:Lea Stefani
Subject:FW: Magellan Sample Report
Date:Tuesday, August 3, 2021 3:21:15 PM
Attachments:Magellan Deliverable - Moorpark Broadband Strategic Plan - Draft 3 Final Clean 10062020.pdf
image002.png
As part of AI-1 on tomorrows agenda, Magellan Advisors has provided an example of the type of
report that would be produced if Council authorizes moving forward with their proposal. Please find
it attached.
Greg
Greg Chanis, Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920 / (415) 435-7383
From: Melanie Downing <MDowning@Magellan-Advisors.com>
Sent: Tuesday, August 3, 2021 3:07 PM
To: Greg Chanis <gchanis@townoftiburon.org>
Cc: Jory Wolf <JWolf@Magellan-Advisors.com>
Subject: Magellan Sample Report
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hi Greg,
Thanks for your time today. As discussed, here is a sample report that Magellan created for
the City of Moorpark, CA. We expect it to be somewhat similar to Tiburon's.
Please forward the meeting link and staff report for tomorrow's council meeting at your
convenience.
Melanie Downing
Project Management Analyst
Magellan Advisors, LLC
C: 321-544-5022
E: MDowning@magellan-advisors.com
W: http://www.magellan-advisors.com
Magellan Advisors DisclaimerThe contents of this email and any attachments to it may contain privileged and confidential information from Magellan Advisors,LLC. This information is only for the viewing or use of the intended recipient. If you are not the intended recipient, you are herebynotified that any disclosure, copying, distribution or use of, or the taking of any action in reliance upon, the information containedin this e-mail, or any of the attachments to this e-mail, is strictly prohibited and that this e-mail and all of the attachments to thise-mail, if any, must be immediately returned to Magellan Advisors, LLC or destroyed and, in either case, this e-mail and allattachments to this e-mail must be immediately deleted from your computer without making any copies hereof. If you havereceived this e-mail in error, please notify Magellan Advisors, LLC by e-mail immediately.
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Table of Contents
Executive Summary ____________________________________________________________ 4
Introduction _______________________________________________________________ 4
Methodology _______________________________________________________________ 5
Summary of Findings ________________________________________________________ 6
Recommendations __________________________________________________________ 7
1. Background _____________________________________________________________ 12
1.1 Overview of Broadband Infrastructure ______________________________________ 12
1.2 Broadband & Economic Development _______________________________________ 16
1.3 Enhancing Public Services ________________________________________________ 16
1.4 Reducing Municipal Telecommunications Spending ____________________________ 17
1.5 Addressing Community Needs _____________________________________________ 17
2. Needs Assessment________________________________________________________ 18
2.1 Economic Development __________________________________________________ 18
2.2 Government Innovation and Smart City _____________________________________ 22
2.3 Conclusions ____________________________________________________________ 26
3. Analysis of the Current Broadband Market & Infrastructure ______________________ 27
3.1 Business Broadband Availability ___________________________________________ 28
3.2 Fiber locations in Moorpark Market ________________________________________ 29
3.3 Business Broadband Survey _______________________________________________ 32
3.4 GAP Analysis ___________________________________________________________ 37
4. 5G Readiness and Broadband Policies ________________________________________ 38
4.1 5G Deployment _________________________________________________________ 38
4.2 Federal and State Broadband Policy Environment _____________________________ 39
4.3 Policies and Actions Needed for 5G Deployment ______________________________ 44
4.4 Recommended Actions ___________________________________________________ 48
5. Smart City Applications ___________________________________________________ 49
5.1 Smart City Applications for Moorpark _______________________________________ 51
5.2 Connected and Autonomous Vehicles _______________________________________ 53
5.3 Smart City Policy Issues __________________________________________________ 54
5.4 Preparing Moorpark for Smart City _________________________________________ 55
6. Asset Inventory __________________________________________________________ 56
6.1 Vertical Assets _________________________________________________________ 57
6.2 Other Assets ___________________________________________________________ 58
6.3 Capital Improvement Projects _____________________________________________ 58
6.4 Development Projects ___________________________________________________ 60
6.5 Identification of Anchors _________________________________________________ 61
6.6 Building Additional Assets incrementally & Opportunistically ____________________ 62
6.7 Conduit construction Specifications ________________________________________ 63
6.8 City Civic Center Design Considerations _____________________________________ 64
7. Recommendations & Next Steps ____________________________________________ 66
7.1 Incorporating broadband and smart City into planning processes ________________ 66
7.2 Building and operating a citywide network ___________________________________ 67
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7.3 Provider Investment/Partnership Opportunities ______________________________ 68
7.4 Funding Opportunities ___________________________________________________ 71
7.5 Ventura County Broadband Project _________________________________________ 75
7.6 Next Steps for Moorpark’s Broadband Strategy _______________________________ 75
Table of Figures
Figure ES-1. Capital Improvement and Development Projects for Broadband Infrastructure Deployment ........... 8
Figure ES-2. Conceptual Network Vision with CIP, City Facilities, and Business Parks .......................................... 9
Figure 1-1. How Fiber Connects Communities ..................................................................................................... 13
Figure 1-2. Physical Bandwidth Capacity Comparisons ....................................................................................... 14
Figure 1-3. Diagram of 5G Infrastructure ............................................................................................................ 15
Figure 2-1. Components of a Tech Ecosystem ..................................................................................................... 20
Figure 3-1. Commercial Addresses Selected for Analysis .................................................................................... 28
Figure 3-2. Long-Haul Fiber Routes in Moorpark ................................................................................................. 30
Figure 3-3. Metro Fiber Routes in Moorpark ....................................................................................................... 31
Figure 3-4. Lit Buildings in Moorpark .................................................................................................................. 32
Figure 3-5. Service Providers (n = 37) .................................................................................................................. 34
Figure 5-1. The Smart City ................................................................................................................................... 50
Figure 6-1. City of Moorpark Vertical Assets........................................................................................................ 57
Figure 6-2. Moorpark Capital Improvement Plan Projects for Broadband Infrastructure Deployment ............... 59
Figure 6-3. Development Projects for Broadband Infrastructure Deployment .................................................... 61
Figure 6-4. Conceptual Citywide Network ............................................................................................................ 63
Figure 6-5. Civic Center Design with Conduit and Vaults ..................................................................................... 64
Figure 7-1. Moorpark RDOF Map ......................................................................................................................... 72
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Executive Summary
INTRODUCTION
In an increasingly digital world, access to broadband internet has become crucial to
governments, businesses, and residents. Recognizing this, the City of Moorpark,
California, commissioned development of this Broadband Strategic Plan to develop
a strategy for ensuring abundant broadband connectivity for municipal operations,
fully capitalizing on City assets and planned projects for private companies to
provide network services, maximizing economic vitality, and minimizing costs and
disruptions for the community.
The City recognized the need to interconnect its various sites, most crucially the
City’s new Civic Center and Library campus, the Police Department, and Arroyo
Vista Community Park to improve services to residents and capitalize on
efficiencies through interconnectivity. Moorpark also requires connectivity to
enable Smart City innovations including intelligent transportation, security and
traffic cameras, and other applications controlled through sensors and
servomechanisms. These technologies can result in substantial cost savin gs, faster
and more flexible response times, and improve quality of life; however, all of them
require connectivity to high-bandwidth, low latency broadband.
In addition to the communications needs of the City itself, Moorpark seeks to
improve connectivity for its businesses to enable operations for tech-focused
companies that will boost economic development. Over the past several years,
commercial activity across many sectors has become increasingly reliant on the
availability of broadband, and the current COVID-19 pandemic has further
highlighted and accelerated those needs in recent months. To keep pace with other
cities in attracting and retaining businesses, the City recognizes the need to ensure
that reliable, affordable broadband options are available, particularly in the City’s
three business parks and new development sites.
Simultaneously, Moorpark needs policies and a strategy for responding to
telecommunications carriers’ plans to deploy 5G wireless service. This new
generation of connectivity will require densely placed “small cell”
telecommunications devices, as well as fiber-optic cables to backhaul data from
user devices to the internet. The placement of these devices is governed by an
interrelated legal framework characterized by shared jurisdiction between state
and federal authorities (the Federal Communications Commission, or
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FCC);1 however, over the past two decades the FCC has preempted the authority of
state and local jurisdictions. Although the City’s ability to regulate deployment of
small cell technology has been usurped by the federal government, ideally, the
rollout of these devices in Moorpark will be guided by the City to maximize local
control over placement and aesthetics, and to receive fair compensation for the
use of publicly owned assets.
To meet these needs, the City of Moorpark selected Magellan Advisors to develop
this Plan, which will provide a strategy for the City of Moorpark to attract and guide
investment from broadband providers, as well as economically deploy its own
broadband infrastructure when and where it has clear value for employers,
residents, and visitors.
METHODOLOGY
Over the course of five months between February and June 2020, Magellan
Advisors worked with staff to develop a clear picture of the current broadband
environment in the City, understand the current and future operational needs of
businesses and the City itself, assess the assets and planned projects that
Moorpark could use to enhance broadband availability, identify potential obstacles
and funding sources, and analyze the City’s current policies as they relate to the
deployment of broadband.
Magellan’s team interviewed a variety of City departments including the City
Attorney, City Manager, Community Development, Community Services, Finance,
Information Services, Parks and Recreation, Planning, and Public Works, as well as
the City’s Police Department, Ventura County Sheriff, and City Councilmembers.
These discussions centered on the current and future needs of the City for internal
operations, as well as the broadband needs of businesses and residents of
Moorpark. Potential Smart City applications and their impact on the community
were also discussed and weighed in on by the City’s team.
We also spoke with incumbent telecommunications providers including AT&T and
Spectrum/Charter to get an understanding of their current offerings and future
plans in Moorpark. Other providers including CenturyLink, GeoLinks, and Zayo
were also engaged to understand whether they had assets and interest in the
Moorpark market. Magellan also analyzed maps of available fiber-optic
infrastructure in the City through its national database of fiber assets.
To further vet findings about the current market, a short survey was promoted
among Moorpark’s businesses, especially those located within the City’s three
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business parks. The survey requested information about current services including
provider and type of connection, as well as an embedded speed test, which
measures actual download and upload speeds. Participants were also asked about
satisfaction and given an opportunity to provide open-ended feedback about
broadband for businesses in Moorpark. Based on input from the City’s team,
survey responses, conversations with providers, and the mapped locations of
current assets, a gap analysis was developed to identify areas of the City that
lacked a robust broadband environment.
Magellan’s team of policy experts also examined the City’s existing broadband-
related policies, especially as they relate to the rollout of 5G. Additionally, an
inventory of City-owned assets including fiber-optic cable, conduit, streetlights, and
traffic signals was performed to gain an understanding of how Moorpark might
leverage its assets to expand broadband availability.
Finally, Magellan analyzed the City’s capital improvement and development
projects, as well as planned Ventura County capital projects, to determine
opportunities for Moorpark to deploy conduit and fiber at locations where
excavation work was already planned. Projects were identified and vetted with the
City’s team before being incorporated into a conceptual network design that would
allow Moorpark to deploy new broadband assets in key areas of the City as defined
in the gap analysis, subject to available funding.
SUMMARY OF FINDINGS
Based on these evaluations, the most important gaps in broadband availability for
the City’s operations are connections between the City’s Civic Center campus,
Arroyo Vista Community Park, and the Police Department at an annual cost of
$24,000. The City currently has an agreement with Spectrum/Charter to connect
these key facilities, as well as a backup wireless line-of-sight connection through
AT&T, but the amount of bandwidth needed to support Smart City applications will
increase dramatically over the coming years.
Although conversations with the City’s team revealed only a few Smart City
applications that are currently desired (including cameras, public wi-fi at Arroyo
Vista and on High Street, and improved traffic devices), the City’s recent purchase
and consequent upgrading of its streetlights to light-emitting diode (LED) bulbs will
allow for additional Smart City and intelligent transportation applications in the
future. Therefore, to save the City money on its telecommunications budget as
needs for bandwidth grow, Moorpark would be well-served to develop its own
resilient, reliable fiber-optic network with connections between these three key
sites.
W W W .MAG ELLAN -ADVISORS . C O M 7
Findings also indicate that although most business locations in Moorpark have
access to broadband, competition is limited. In some locations, only one provider
offers service, while others have the option to choose between either
Spectrum/Charter or AT&T. Generally, the costs for businesses to connect to fiber
are high; in some areas, fiber is simply unavailable. Although the City’s western and
eastern business parks are relatively well -served by at least one provider, there is
concern about the lack of competition and the high costs of fiber-based
connections. The central business park (Science Drive/Patriot Drive area)
represents a major gap in broadband availability, and businesses in these locations
report having no access to broadband at all.
As in many cities, the lack of available broadband is a result of a convergence of
issues that comes down to a simple question for broadband providers: is the
investment worth it? When faced with challenges such as crossing railroad tracks
or major highways, providers need to see a business case that will return their
investment, including aggregated demand from users. Lowering costs by making
public assets in the public right-of-way available to a number of service providers
to enter the market can also inspire investment.
The central business park represents a potential area where, if enough demand is
aggregated and the costs to serve businesses can be lowered, broadband providers
may consider making additional investments. If Moorpark deploys additional
infrastructure such as conduit and/or fiber that it could lease to broadband
providers, the cost of serving businesses could be lowered, creating a business
case that would attract additional providers, increasing the number of options
available to Moorpark’s businesses, enhancing competition and creating downward
pressure on broadband pricing.
Such partnerships and leveraging of the City’s assets should be considered during
discussions with providers about their plans to rollout telecommunications
infrastructure as well. Negotiating agreements that consider in-kind arrangements
and implementing policies such as Dig Once could allow Moorpark to work with
telecommunications providers to strategically invest in additional broadband
assets in key areas while reducing Moorpark’s spending on the margin.
RECOMMENDATIONS
The most effective means of improving the broadband environment in Moorpark is
for the City to consider incremental, oppoprtunistic deployment of additional
broadband infrastructure. While building a fiber-optic network can be costly for
cities, major savings can be realized if it is done in coordination with projects that
already require the ground to be excavated at a depth of at least 24 inches.
W W W .MAG ELLAN -ADVISORS . C O M 8
The City of Moorpark and Ventura County’s Capital Improve ment Projects revealed
several opportunities for laying conduit and/or fiber over the next several years.
The map below shows the locations of these projects in green. Additionally,
planned develoments include Hitch Ranch development, are opportunities to
negotiate with developers for the placement of broadband infrastructure. These
projects are shown below in red.
Figure ES-1. Capital Improvement and Development Projects for Broadband Infrastructure Deployment
The City should set aside funds for deploying conduit and/or fiber along these
routes while the ground is already open. Developers should be encouraged to
install conduit, especially in the new Hitch Ranch development, to mitigate the
need for the City to fully fund the network. Although including conduit and/or fiber
in these routes may call for borrowing money from another well-funded CIP or
increase budgets during the City’s annual budget update, the marginal cost to the
City will be greatly reduced by joint buidling with these CIP projects, resulting in
savings of up to one third of the cost to deploy the network instrastructure .
In addition, the City should consider filling in “gaps” in this burgeoning network
that would create a resilient backbone fiber loop in Moorpark, as shown below.
This fiber could be used to connect key City faciliites, including the three -way
connection between the new Civic Center Campus, Arroyo Vista Community Park,
--- North Hills Parkway (CIP# C0031)
--- Replace Copper w/ Fiber (CIP #M0040)
--- Shasta Drain (Future CIP)
--- Los Angeles Ave Widening (CIP #C0027)
--- Los Angeles Ave Widening (CIP #C0021)
--- Los Angeles Ave to Freeway (CIP #C0026)
--- Spring Rd Widening (CIP #C0022)
--- High St Improvements (CIP #C0009)
--- Princeton Widening (CIP #C0020)
--- Moorpark Ave Widening (CIP #C0004)
--- Developer Area (Hitch Ranch Development)
New Civic Center/Library
W W W .MAG ELLAN -ADVISORS . C O M 9
and the Police Department. As indicated in the map, these routes run along many
of Moorpark’s major arterials and pass key City facilities. The fiber could also be
leased to telecommunications providers to serve business customers in all three of
the business parks, including the central business park that is currently
underserved. This design includes fiber along Los Angeles Avenue, where CalTrans
has already planned to replace aging traffic signal infrastructure with fiber. The
City is engaged in discussions with CalTrans to place City-owned fiber and conduit
along this route if possible, as well as negotiating the use of CalTrans fiber for
Moorpark. The City can use this conduit and fiber not only to support its own
Smart City applications and other operational needs, but also to allow internet
service providers to lease these assets that will enable them to serve underserved
locations such as the central business park.
Figure ES-2. Conceptual Network Vision with CIP, City Facilities, and Business Parks
Although the scope of this Plan does not include the design, costs, or revenue
projections for a Moorpark network, over the course of developing this Plan, a
network was mapped that could readily be built incrementally based on upcoming
CIP and development projects. Using current estimate for laying fiber and conduit
in California of between $30-40 per linear foot, we estimate the total cost of
building such a network at between $1.80 million and $2.39 million, not including
any costs for engineering, permitting, or other considerations. This is only provided
as a high-level estimate; detailed engineering would need to be performed to
create a more accurate cost analysis.
Additionally, because the ground is already being excavated in the CIP locations,
costs could be reduced by up to 33%. Also, an additional 11,622 linear feet of
W W W .MAG ELLAN -ADVISORS . C O M 10
assets could be installed by developers already working in the Hitch Ranch area,
further reducing the cost by up to $464k.
The leased network could be managed by telecommunications providers, relieving
the City of any obligation to operate or maintain it, with a revenue sharing
structure that would provide the City with additional cashflow. Although specifics
of such an agreement would be detailed during contract negotiations with
potential partners (likely followng an RFP process), it is Magellan’s experience that
the City could receive up to 50% of the gross revenue in such an arrangement.
Because a full ROI analysis was not performed as a part of this Plan’s scope,
detailed revenue projections are not available. Should the City be interested in
further exploring costs and revenues of this network , we encourage Moorpark to
conduct detailed design engineering and perform additional outreach to
businesses and potential partners in order to generate take rate estimates and
other key metrics that could be input into a pro-forma to provide more detailed
return on investment estimates. Because the full construction of the network
would be a 10+ year project, a more detailed ROI analysis could be prepared based
on individual portions of the network.
In addition to this long-term network deployment, the City should continue its
coordination with Ventura County on its Countywide Fiber Network project, which
is currently ongoing and seeks to create a backbone that will connect County
facilities, anchor institutions, and municipal networks. Because of Moorpark’s
central location and the presence of the rail alignment, the City would be an ideal
place for a “Meet-Me Room” that could connect the County network, as well as
private networks. This central location would further attract investment in
broadband infrastructure within the City, putting Moorpark at the center of the
broadband crossroads of Ventura County. Such a Room could be incorporated into
the existing design for the new library, and connections to carrier locations on
Poindexter Avenue have been included as a part o f the network design.
Considerations for dimensions, air conditioning, power conditioning, conduit
access, and dual route entry should be considered in the design of the building and
are detailed later in this report.
This Broadband Strategic Plan identified key next steps for the City of Moorpark to
contmplate as it moves forward toward development and implementation of a
comprehensive strategy. These elements include:
1. Incorporate broadband and technology into all planning, permitting and
construction approval considerations, especially the City’s 2050 General Plan
update.
2. Implement policies related to the deployment of small cell
telecommunications facilities including an MLA, Small Cell Design and
W W W .MAG ELLAN -ADVISORS . C O M 11
Deployment Standards, and an updated telecommunications ordinance. A Dig
Once policy and practice may be used in some significant projects as well,
subject to the discretion of the Public Works Director
3. Include broadband in development agreements, with considerations for
impact fees and mitigations for the placement of conduit .
4. Set aside funds to build conduit and/or fiber infrastructure during CIP
projects.
5. Incrementally and opportunistically build connections for a Citywide fiber
network.
6. Engage with potential partners about agreements to use City assets for
increasing service offerings.
7. Track and participate in the Ventura County broadband project and other local
initiatives to promote a regional broadband vision and increase interest in the
region.
8. Provide space for a “Meet Me Room” in the design plans for the new Civic
Center.
9. Continue tracking grant opportunities for funding expansion of broadband
assets including EDA, RDOF, and CASF.
10. Should the City desire to further understand the cost and revenue potential of
the network identified in this Plan, it should perform a full financial analysis
based on further outreach to the business community.
W W W .MAG ELLAN -ADVISORS . C O M 12
1. Background
1. 1 OVERVIEW OF BROADBAND INFRASTRUCTURE
The term “broadband” refers to high-speed internet services that provide users
access to online content including websites, television shows, videoconferencing,
cloud services, or voice conversations. These applications can be accessed and
shared through a variety of technologies including personal computers,
smartphones, tablets, and other connected devices. Although demands for this
high-speed data are rapidly increasing, the Federal Communications Commission
(FCC) defines broadband speeds as at least 25 Mbps downstream and 3 Mbps
upstream. Cable, DSL, fiber, and wireless are the prim e broadband delivery
systems used to meet these demands by connecting users to the internet.
Fiber-optic cables (or just “fiber”) are strands of glass the diameter of a human hair
that carry waves of light. Unlike other connections that carry electrons acr oss
copper wire, fiber supports fast, reliable connections by using photons across
glass, giving it the capacity to carry nearly unlimited amounts of data across long
distances at spectacularly fast speeds. Because of this speed and reliability, fiber is
considered the gold standard for supporting broadband across the full spectrum of
devices and applications. Fiber’s usability and resiliency have brought fiber to the
forefront of broadband, making it a highly desired asset for all entities, public and
private, that own or control it. If properly maintained, fiber-optic cable has a
lifespan of up to forty years. Due to its capacity for transmitting large amounts of
data at high speeds, it will remain a preferred communications infrastructure type
and will be essential for backhauling wireless communications for many years to
come. The availability of a reliable, cost-effective fiber connection creates
opportunities for the communities it serves.
Generally, broadband is one of many services offered by telecommunications
companies on multiple tiers of performance and cost. These services are divided
into business and consumer users and are then offered at a subscription fee. The
variety of services and technologies are increasing—exemplified by the explosion
in smartphone apps—but the networks themselves are converging, so that any
device operated by any user can potentially connect with vast amounts of
information either inside or outside of the same network.
Broadband is deployed throughout communities as wired cables or wireless
technologies that carry digital signals to and from users. The content comes into
the local community from around the world via global, national and regional
networks. The local infrastructure is built, connected and operated by internet and
telecommunications companies that own the physical wires to each household.
This started with telephone companies, which deployed twisted-pair copper
telephone lines. The second wire came from television companies in the form of
W W W .MAG ELLAN -ADVISORS . C O M 13
coaxial cable. Later satellite and wireless phone companies provided video and
voice, with more flexibility to mobile and remote devices using radio waves.
Beginning in the mid-1990s these companies repurposed their infrastructures to
connect to the internet and carry digital content.
Figure 1-1. How Fiber Connects Communities
Infrastructure built on the older technologies described above is aging and results
in slower, less reliable access to content. Capacity limits of this infrastructure of
the infrastructure limit service providers’ ability to reliably provide high speeds,
and in turn, the amount of data consumers can use is also limited. Fiber provides
the robust infrastructure that connect telephone, cable , and internet infrastructure
between communities and around the world. It was originally used by
telecommunications for their core infrastructure, to connect their major switching
centers, and was only available to their biggest corporate and institutional
customers. Today, fiber-optic networks serve homes and businesses throughout
the world providing telephone and television as well as internet access services.
With fiber-optic broadband networks, speeds in the billions of bits per second
range are possible. The fiber-optic network today operates at nearly 300 Terabits
per second, which is so fast that a single fiber could carry all the traffic on the
internet. More commonly, fiber-optic networks provide between 100 Mbps and 10
Gbps to users. Fiber-optic networks can be designed to be highly reliable as well as
fast. Fiber-optics are used extensively by major corporations and institutions and
are beginning to be at the core of every telecom company’s network.
Figure 1-2 illustrates the relative difference between common internet connection
methods, comparing access technologies from basic dial -up service through DSL,
cable, and fiber. Whereas traditional broadband technologies have an upper limit
of 300 Mbps, next-generation broadband that utilizes fiber-optic connections
surpasses these limitations and can provide data throughputs of 1 Gbps and
greater.
W W W .MAG ELLAN -ADVISORS . C O M 14
Figure 1-2. Physical Bandwidth Capacity Comparisons
Dial-Up – 56Kbps
• Legacy Technology
• Shared Technology
ADSL – 10Mbps
• First Generation of DSL
• Shared Technology
ADSL2 – 24Mbps
• Second Generation DSL
• Shared Technology
Cable – 150Mbps
• Data Over Cable (DOCSIS 3.0)
• Shared Technology
Next Generation Fiber – 1Gbps
• Passive Optical, Active Ethernet
• Shared and Dedicated Technology
5G and Fiber Dependency
Fourth Generation or “4G” mobile wireless technology has been widely available for
many years. Now “5G”, the latest generation, is emerging, with forecasted
commercial availability in 2021 and an increased maturity of the network in 2035.
These new networks are designed to provide increased efficiencies while
decreasing latency and are anticipated to improve the performance of connected
devices, including the IoT and network architectures with an emphasis on massive
multiple input multiple output technologies (MIMO) and device-to-device (D2D)
communications such as autonomous vehicles, healthcare technologies (such as
blood glucose monitoring), and ultra-high-definition video.
5G networks operate multiple frequencies in three bands using millimeter
wavelengths—the highest of which is anticipated to offer download/upload speeds
of 1 Gbps. The speed and range the consumer gets depends on a variety of factors,
including what spectrum is being used by the service provider:
Low-band frequencies work well across long distances and in rural areas;
speeds are greater than 4G but slower than other 5G frequencies.
Mid-band frequencies are currently sought after since they permit greater
speeds while covering relatively large areas.
High-band frequencies provide the fastest speeds but in more limited
circumstances such as close to the antenna and in areas without physical
obstructions (i.e., windows, buildings, walls). Thus high-band will work well in
dense areas where antennas can be placed every few hundred feet. This
spectrum delivers the high speeds that are commonly associated with 5G
when the subject comes up.
It is therefore likely that 5G networking will be a combination of low, mid,
and high-band frequencies.
W W W .MAG ELLAN -ADVISORS . C O M 15
Also, obtaining 5G service requires using a 5G-ready device, of which at
present there are only a handful (though the number is growing).
5G networks are distinguished from the present 4G technology by use of low power
transmitters with a coverage radius of approximately 400 feet; 5G thus requires
the use of wireless technology for maximum usability, meaning close spacing and
increased numbers of antennas. These 5G antennas must be connected to and
backhauled via fiber due to the vast amounts of data being transmitted and the
high speed required to provide low latency and reliability. Therefore, we consider
5G wireless and fiber optics to be complementary, rather than competing
technologies.
Figure 1-3. Diagram of 5G Infrastructure2
A recent study and report by Deloitte noted that “Deep deployment of fiber op tics
into our nation’s network infrastructure might not be as glamorous as the eagerly
anticipated launch of fifth-generation mobile networks (5G); however, it is just as
important—if not more so. In fact, 5G relies heavily on fiber and will likely fall far
short of its potential unless the United States significantly increases its deep fiber
investments.”3 The study estimates that the US will need to invest $130 - $150
billion in the next 5-7 years in fiber infrastructure in order to support the roll out
of next generation wireless.
2 http://www.emfexplained.info/?ID=25916
3 https://www2.deloitte.com/us/en/pages/consulting/articles/communications-infrastructure-upgrade-
deep-fiber-imperative.html
W W W .MAG ELLAN -ADVISORS . C O M 16
1. 2 BROADBAND & ECONOMIC DEVELOPMENT
Across the board, industries increasingly rely upon transmitting and receiving large
amounts of data and the internet to operate and thrive. Consequently, the
availability and affordability of broadband has become a driver for decisions about
where companies locate their headquarters, manufacturing facilities, distribution
centers and satellite locations.
To attract and retain these industries, infrastructure that supports a competitive
environment for affordable, reliable, redundant broadband services must be
readily available in areas where office, technology, and industrial parks and other
major commercial developments exist today or are being planned and built. In
some cases, local governments have taken it upon themselves to ensure that this
infrastructure exists so they can continue to drive economic investment in their
regions. This includes working with residential developers for the delivery of fiber-
to-the-home for support of home-based businesses, telemedicine, aging in place,
public safety, and emergency response. Other benefits include managing the
energy grid and increasing housing and property values for the high -tech jobs
needed to support economic growth supported by the inter net.
Although it would be misleading to imply that the availability (or lack thereof) of
broadband is the only factor by which businesses decide their locations, many
companies do consider a lack of affordable, reliable broadband a major barrier to
entry. In locations such as Santa Monica, California, major employers have been
dissuaded from relocating because the local government was able to offer an
alternative cost-efficient broadband service. Following in this effort, cities and
counties across the country are implementing fiber and wireless networks for
economic development and quality of life. These include Fort Collins, CO,
Centennial, CO, Inglewood, CA, Culver City, CA, Santa Clarita, CA, Oxnard, CA,
Ventura, CA, Paso Robles, CA, San Luis Obispo, CA, San Leandro, CA, Carlsbad, CA,
Chattanooga, TN and hundreds more throughout the country.
1. 3 ENH ANCING PUBLIC SE RVICE S
The private sector is not the only major consumer of broadband. As technology
becomes more integrated into daily life, government operations have also become
increasingly reliant on transmitting and receiving large amounts of data via
broadband internet connections. These networks are becoming increasingly
important to cope with the rapid growth in connected devices, from utility assets,
to streetlights, to traffic signals, to surveillance cameras, combining “Smart City”
technologies to create Smart Regions of interconnected infrastructure that allow
governments to be more efficient, reducing costs and increasing the value they
deliver to their constituents.
W W W .MAG ELLAN -ADVISORS . C O M 17
In addition to using internet connections for communications for field staff, the
burgeoning Internet of Things (IoT) enables municipal applications that can
promote citizen engagement and government innovation. These improvements can
foster efficiency and innovation across a variety of community services including
public safety, sustainability and energy efficiency, recreation, intelligent
transportation, traffic and parking, and environmental monitoring.
Smart cities, towns, and municipalities capitalize on internet enabled smart IoT
devices to make their organizations more efficient and effective whil e gathering
data from devices to make better informed decisions regarding operations. The
opportunities range from connected Supervisory Control and Data Acquisition
(SCADA) networks, electric grids, traffic cameras and signalization systems, smart
light pole grids for monitoring and control, people sensors, vehicle sensors, smart
trash cans, smart park benches, smart parking and wayfinding, smart irrigation
systems, IoT systems within buildings for energy management, and access control
systems, can all enable more responsive crowd management along with dynamic
planning for public safety responses.
1. 4 REDUCING MUNICIPAL TELE COMMUNICATIONS SPE NDING
Many cities invest in advanced communications (broadband) infrastructure not
only to enhance local internet services, but also to support their own operational
needs and other public agencies, utilities, and transportation districts in their area.
Investment in fiber backbone infrastructure is generally utilized to provide a
foundation for broadband. This allows cities to allocate some of the costs of
broadband to their own purposes, which has a positive impact on the overall cost
structure for deploying broadband since local governments can realize a return on
investment by offsetting the monthly recurring fees they currently pay for
connectivity. The telecommunications budget required for many of the applications
used in Smart City applications that are enabled by broadband purchased through
a third-party internet service provider will continue to grow as the need for
bandwidth and the number of sensors and internet enabled devices increases.
Owning the infrastructure within a Smart Region allows support for high-
bandwidth connectivity without the need for increasing telecommunications costs
from commercial providers.
1. 5 ADDRESSING COMMUNITY NEEDS
In addition to private and public organizations, broadband supports community
needs including telemedicine, aging in place, distance learning, and
telecommuting. The COVID-19 pandemic has accelerated the long-term trend of
digitalization of business processes, the economy overall, and everyday life.
The coronavirus pandemic is accelerating shifts and trends toward internet
technologies and business trials. Perhaps the obvious example is the boom in
Zoom meetings, but there are many other trends developing or accelerating as
W W W .MAG ELLAN -ADVISORS . C O M 18
well, including an increase in remote telework and distance learning. The
proportion of companies ramping up globally on automation technologies will at
least double over the next two years, according to a Bain survey of nearly 800
executives.4 The Wall Street Journal recently pointed out that
“The coronavirus pandemic is deepening a national
digital divide, amplifying gains for businesses that
cater to customers online, while businesses reliant
on more traditional models fight for survival. The
process is accelerating shifts already under way in
parts of the US economy in ways that could last
long after the health crisis has passed…”5
From a community perspective, interconnection of billions of devices allows
evolution of smart cities, smart homes, smart schools, safer and autonomous
vehicles, and a safer, healthier, smarter place to live. From a business perspective,
interconnection of devices provides data previously unavailable to inform
operations, enhance decision-making and automate/innovate in the production
process.
2. Needs Assessment
2. 1 E CONOMIC DEVELOPMENT
Historically, the City of Moorpark was a hub of Ventura County due to its location,
the presence of the freight railroad, and the intersection of two major automotive
thoroughfares (US Highway 101 and California State Road 23). Its population
hovers near 40,000 people, but approximately 87% of residents commute to
locations outside of the City for work. Current business license data indicates that
there are around 650 businesses supporting approximately 8,500 jobs in
Moorpark. The disparity between available jobs and residents sets Moorpark up to
be a bedroom community for surrounding cities with larger economies including
Los Angeles (about a half-hour’s drive), Thousand Oaks (just to the south) and Simi
Valley (just to the east).
4 “Pandemic Speeds Up Corporate Investment in Automation”; The Wall Street Journal, April 9, 2020.
5 “Crisis Speeds Up Economy’s Shift”; The Wall Street Journal, April 2, 2020.
W W W .MAG ELLAN -ADVISORS . C O M 19
The City seeks to change this. All City staff, including City Manager Troy Brown, as
well as councilmembers, want to encourage economic opportunities that will allow
the residents of Moorpark to work in the City that they call home. They rightly
point out that if the City can change the equation by bringing more jobs to
Moorpark, both the City’s economic outlook and quality of life are likely to improve.
Specifically, attracting high-paying tech-focused companies to Moorpark could go a
long way toward reversing the daytime exodus.
There is reason to be optimistic about these efforts. The City is already home to a
few tech-focused employers including Laritech, a printed circuit board assembly
and design company, and Aerovironment, a defense contractor producing
unmanned aircraft, which collectively employ about 1,500 people. There are also
large employers in other industries including defense contractor Ensign-Bickford
and national home lender Penny Mac. Moorpark College is also a large employer as
well as a resource for training the workers that such large firms seek.
Moorpark has several industrial parks that house these employers. While some of
these parks have decent connectivity, employers at other industrial parks struggle
to obtain cost-effective reliable broadband. Some of the large employers like Penny
Mac have built their own internet connections to meet their needs, but the cost of
doing so (upwards of $10,000) makes that option prohibitive for many local
employers.
Councilmembers and staff report that there have been countless instances of
businesses considering a move to Moorpark only to change their minds and locate
elsewhere once they learn of the lack of connectivity. Some of the most pressing
areas to consider enhanced services include:
• A proposed location for an Amazon fulfillment facility at the corner of the
118 and Princeton Avenue. There are several heavy users of broadband in
this area, and the potential exists to bring in more if options for connectivity
improve.
• The business park on the west side, including the location that a movie
studio is currently considering. Given the current environment of streaming
entertainment, such as studio would require a high level of bandwidth to
operate. There is also potential space for several smaller businesses to
locate within the business park near the future site of the Hitch Ranch
residential neighborhood.
• The Patriot Center and Science Drive “triangle,” home to some emerging
businesses. This area is a relative broadband dead zone and, though there
are existing businesses in the area with potential to thrive, the limits of
W W W .MAG ELLAN -ADVISORS . C O M 20
available service have hindered new businesses considering occupying some
of the vacant space.
Tech Ecosystem
The proliferation of startups and the transition to a more digital economy has
increased interest in economic development through creating a tech ecosystem
that attracts tech-based companies and creates an environment for new ones .
Supporting start-ups, a tech workforce, investors, incubators, accelerators, and
youth/adult tech programs are key to the creation and nurturing of tech
ecosystems within communities, and access to broadband is a fundamental need.
Figure 2-1. Components of a Tech Ecosystem
The City of Moorpark is well suited to nurture and expand its tech ecosystem,
especially given its well-educated population and the resources that Moorpark
College and the High School at Moorpark College provide. The new Library and
Civic Center plans could allow for spaces dedicated to initiatives such as “hack-a-
thons” or “maker spaces”, which would be both engaging for the community and a
boon to the economy.
To capitalize on growing the existing technology environment by nurturing start-
ups and attracting new tech-based businesses, however, additional options for
high-speed broadband are needed for both businesses and City facilities. As we will
see in the Market Analysis (Section 3) of this report and as anecdotal evidence
collected by City staff and Councilmembers suggests, the current broadband
environment lacks investment, which would increase competition and investment,
W W W .MAG ELLAN -ADVISORS . C O M 21
driving prices down; this leaves many locations with insufficient bandwidth and
higher prices.
New Mixed-Use Developments
To meet the housing guidelines designated by the State of California’s Regional
Housing Needs Allocation (“RHNA”) requirements, the City must update its General
Plan Housing Element to identify additional housing sites. Proposed development
of Hitch Ranch, to the west of the Civic Center, would add an additional 755
housing units; however, there is little space for the City to expand outward, so in
many locations, it must grow upward or introduce residential uses into new areas.
Moorpark will see an increasing number of mixed-use developments with multi
dwelling unit (“MDU”) housing on upper floors and retail, restaurants, and other
businesses on the lower floors. The City is currently reviewing its first mixed-use
proposal, along the Historic High Street downtown corridor, called High Street
Depot.
As observed in other cities, residential developments could replace some of the
strip mall locations in the City, creating a more walkable community and bringing
in additional commercial space for small and medium-sized businesses that will
support the needs of the residents. It is important that new developments such as
these have broadband connections to meet those needs and considerations for the
necessary infrastructure to be in place should be part of the planning process. We
will further expand on this in the Recomm endations section of this report.
Historic High Street
One proposed location for the new MDUs is High Street, a historic corridor near
the Civic Center’s campus. High Street currently houses the High Street Arts Center,
a venue used for theater productions and other community events, as well as a
small number of cafes, restaurants, and retail stores. High Street Depot, a
proposed MDU project, is proposed to be placed along this corridor, and the City is
already preparing to accommodate more parking by paving a lot near that location.
With the addition of more housing and commercial space, the street could be
transformed into a prime location for economic activity, potentially transforming
into a vibrant walkable destination for not only occupants of the new MDUs in the
area, but residents throughout the City. Revitalizing such historic locations to
become areas where emerging tech-based small businesses meet old world charm
has become a trend in many cities. Broadband and its related technologies such as
wi-fi are key to realizing such transformations and could be instrumental in
reimagining Moorpark’s downtown.
W W W .MAG ELLAN -ADVISORS . C O M 22
2. 2 GOVE RNMENT INNOVATION AND SMART CITY
The relatively small size of the City of Moorpark’s internal organization brings many
benefits to its community compared to larger organizations. The City has
recognized the importance of forging an intimate, positive relationship with its
residents and businesses and has had success in engaging the community to
ensure needs are being met. Under the guidance of City leadership, initiatives such
as the #TellMeMoor social media campaign have been successful in soliciting
feedback from the community to improve the City’s responsiveness. Although the
size of the staff is small, complaints about issues such as graffiti can often be
addressed in as little as one hour.
In addition to benefits, however, the relatively small size of the organization also
has constraints. As the residential population is poised to expand in relation to
meeting the state housing requirements, the City would be well-served to find ways
that make providing services to the community more efficient, enabling it to
continue its lean model of operations. Such efficiencies can be accomplished
through a variety of broadband-enabled technologies.
Traffic Management
Due to the City’s location at the convergence of two state highways, S tate Highways
118 and 23, traffic congestion is perhaps the biggest pain point among the citizens
of Moorpark. The City does not currently have a traffic management center
(“TMC”)6 and only two locations (Spring at Tierra Rejada and Tierra Rejada at Mill er
Parkways) currently have traffic cameras in place. These cameras are only used for
detecting vehicles at the signal, not for monitoring traffic flow, and the City has no
plans to build a TMC.
Gravel mining operations in surrounding areas bring truck traffic through the City,
particularly on Los Angeles Avenue. Los Angeles is also a bypass alternative for
Highway 101 and the Conejo Grade and has potential to see heavy traffic when
closures occur. All of the signals along Los Angeles Avenue are owned and
maintained by Caltrans. Despite traffic signal programming efforts by that agency,
the road is still the subject of continuous complaints. The City would like to
increase its ability to communicate and coordinate with Caltrans about signal
programming along this corridor to alleviate some of the issues. Plans exist to
widen Los Angeles Avenue to six lanes from four between Spring and Moorpark
and is considering replacing existing copper lines with fiber.
6 A traffic management center is a central location or “mission control” for a City’s street and highway
network at which traffic signals, roads, and intersections are monitored and proactively managed. (Source:
Texas A&M Transportation Institute - https://mobility.tamu.edu/mip/strategies-pdfs/traffic-
management/technical-summary/traffic-management-centers-4-pg.pdf)
W W W .MAG ELLAN -ADVISORS . C O M 23
Tierra Rejada Road is also an area of concern. The road is a bypass alternative in
case of closures on State Road 118, but the signals are not currently set up to
manage additional traffic when closures occur. The only synchronized signals along
the road are between Countrywood Drive and Spring Road. The City intends to
eventually synchronize all signals, but the project is not currently funded.
There are also plans to improve Princeton Avenue between Spring and Condor by
adding bike lanes and an island. This construction presents an opportunity to lay
conduit and/or fiber along this stretch, a crucial connection from the east to the
northern sections of the City and that would cross the 118 Freeway right-of-way.
The growth in residential areas within Moorpark is likely to compound traffic
concerns if left unresolved. Connecting traffic signals along these major corridors
via fiber could alleviate many of the issues.
Public Safety
Crime is quite low in Moorpark, so much so that the City has been ranked among
the safest in the US. The Moorpark Police Department is contracted through the
Ventura County Sheriff’s Office and, as officers of the organization point out, most
calls they respond to are for petty crimes such as vandalism.
Despite the low level of crime in Moorpark, public safety officials state that the
addition of cameras at the City’s seven ingress and egress routes could be
beneficial to preventing crime and solving those crimes more quickly. The most
pivotal route is the State Road 23 on ramps at Los Angeles Avenue. There are
currently cameras in place at the Metrolink station and the police station as well as
an offline camera at the City’s skatepark on Poindexter. The park has occasional
issues with vandalism and vagrancy at night, so installing an operational camera
there may be beneficial. Because shoplifting is an issue at some of the large retail
stores, officials indicate that the Moorpark Marketplace shopping center would
also be a good location for cameras or license plate readers (“LPRs”) for crime
solving purposes. The City currently does not have any fixed LPRs in place.
Ventura County is currently engaged in talks with AT&T regarding FirstNet for
emergency communications. Moorpark itself has some need for emergency
management at large events such as the July 3 fireworks show at Arroyo Vista
Community Park. The event attracts about 12,000 people annually and, with only
one vehicular ingress and egress point in the park, a critical event would require
substantial communication capabilities. In the event of fires, a robust
communications system is also essential.
Within the last several years, wildfires have caused out ages throughout the region,
and the City has relied on a backup AT&T DSL line providing maximum speeds of
only 5 Mbps to operate the emergency operations center (“EOC”). Additional
W W W .MAG ELLAN -ADVISORS . C O M 24
redundant communications infrastructure could provide another option for such
situations to ensure that officials are able to commun icate during such events. The
EOC is currently connected to City Hall using point to point with no redundant
connection.
Additionally, Moorpark Police Department officials state that the wi-fi connections
at the station are relatively weak. Officers using laptops over wi-fi connections are
experiencing maximum speeds of just 12 Mbps and, with maximum speeds of 20
Mbps, plugging directly into the modem is not much better.
Recreation and Community Services
The citizens of Moorpark value parks and community services such as the library.
As such, the City has continuously invested in recreation and community services,
from creating sprawling parks such as Arroyo Vista to planning for a new Civic
Center that caters to the needs of residents.
Arroyo Vista Community Park
Arroyo Vista is the largest of Moorpark’s parks and offers an array of activities
including tennis courts, baseball diamonds, soccer fields, and pavilions that are
available for the public to rent. Park goers can sign up to use these facilities using
the RecTrac application, which is currently undergoing upgrades. Arroyo Vista is
also the home of the Arroyo Vista Recreation Center, offering programs that
include coding classes, talent shows, festivals, sports leagues, summer camp, and
even a preschool.
The park’s excellent facilities draw visitors from outside of Moorpark on a regular
basis. Events such as the fireworks on July 3 and regional sporting events including
soccer and baseball tournaments bring in spectators from across Ventura County
and the region. The City’s Parks and Recreation Department has also implemented
some additional innovative community events; Arroyo Vista recently hosted its first
highly successful community concert, and staff is planning for at least three more
of these events in the coming year. The gym at Arroyo Vista is also a designated
Red Cross Shelter site in the event of emergencies. Arroyo Vista has also been
historically used as a staging site for firefighters during large wildfire eve nts in the
region.
With all this activity occurring at Arroyo Vista, the park would benefit from robust
broadband connections in a variety of ways. Although there are currently some
CCTV cameras in place, they are outdated and lack storage space. Implementing a
new camera system in the park could help to reassure league managers who store
equipment at the facilities or who make use of the concessions stands during
events. Blanketed public wi-fi across the park would support the use of the RecTrac
application for renting facilities, point of sale technologies at the concessions
W W W .MAG ELLAN -ADVISORS . C O M 25
stands, and live streaming events such as sports tournaments and concerts by both
visitors and Parks and Rec staff. Critically, due to the gym’s designation as a Red
Cross Shelter site, broadband should also be available to support communications
during emergencies.
Library and Civic Center
The Moorpark City Library is very popular with the community and has been for
many years. Its computers see heavy use, and it offers services such as tutoring
programs, children’s workstations, and printing services. Plans are currently being
drawn for a new library, just around the corner from the current location, and the
City envisions enhancing the already popular facilities. Among the design ideas are
considerations for a “maker space”, more dedicated meeting rooms for home-
based small business owners, and a wi-fi enabled laptop vending machine. These
ambitious offerings tie nicely into the City’s desire to enhance its tech ecosystem
and, due to the library’s location as a “bookend” to High Street, it could become a
vibrant home for new Smart City applications. The library currently has a 100 Mbps
connection via CENIC, which it will likely transition to the new location for its
broadband needs. CENIC is limited to educational purposes and cannot be used by
municipal or commercial organizations, so this network is not a viable option for
connecting City facilities or telecommunications providers’ networks.
The Civic Center, next door to the library, houses all City departments. Once the
new library is completed, the Civic Center will move into the old library’s building.
Although the Center currently offers public wi-fi, the connections are relatively
slow and use access points that are ten- to fifteen-year old technology. The City’s
Active Adult Center, on the Civic Center campus, has a computer lab, and staff are
currently looking into grant funding to upgrade it. Community events such as
dance recitals also take place in the designated Council Chambers are not currently
broadcast, but with more robust connections, the City may consider offering that
option in the future. Magellan will be providing recommendations and guidance
about broadband considerations for the new Civic Center design throughout this
project.
Internal City Telecommunications Needs
The City’s internal telecommunications needs are currently served by an I-net
system installed by Adelphia over twenty years ago under an agreement that has
since been transferred to Charter Spectrum.
Charter Spectrum owns most of the infrastructure, except for a small amount of
fiber on the Civic Center campus. The network contains 6- and 12-strand dark fiber,
two pairs of which are for use by the City, which pays Charter Spectrum
W W W .MAG ELLAN -ADVISORS . C O M 26
approximately $1,100 per month for a 100 Mbps symmetrical connection. City Hall
is the single point of entry with a firewall managing all City traffic.
All City buildings are currently connected using point-to-point on a hub and spoke
design which lacks redundancy. The City installed Ubiquiti point-to-point wireless
for backup in a few locations:
• Link from City Hall to Arroyo Vista Community Park in case fiber gets cut.
Simple spanning tree design.
• Link from City to High Street Arts Center that is used for public wi-fi. The
connection is about 100/7 Mbps but the equipment is so old, it doesn’t
support that; actual speeds are about 50/3.
• Backup connectivity between three buildings near the Police Department set
up as a redundant link between them in case the fiber link fails.
The Police Department serves as the disaster recovery center and also houses the
Emergency Operations Center, which is directly connected to City Hall using two
1Gb Charter Spectrum-owned links.
The City also has a back-up DSL 1.5 or 5 Mbps connection through AT&T. That
connection is used for the EOC and was the only thing that worked when fires
caused outages in the past.
Buildings are access controlled, all of which is managed by Information Services
except for the Police Department, which manages its own access controls. The City
uses some VOIP connections but has not yet planned a full migration and currently
operates on a hybrid phone system. Plans are also currently in the works to
implement EnerGov and Office 365.
Magellan reviewed the contract between Spectrum/Charter and the City as a part
of this engagement, which allows the City to use eight strands of
Spectrum/Charter’s fiber for connections between Moorpark’s current City Hall, the
Ruben Castro Human Services Center, Moorpark Police Services Center, and the
Moorpark Public Services Facility. The agreement will span a three year term, with
the City paying Spectrum/Charter $2,000 per month for this connection. Magellan
advised the City to enter into this agreement with Spectrum/Charter to meet the
City’s communications needs over the coming years as Moorpark incrementally
builds its own connections. The agreement was finalized in May 2020.
2.3 CONCLUSIONS
Priorities for connectivity include:
1. All City facilities, including Arroyo Vista Community Park and, less crucially,
the skate park, with the new Civic Center site as a potential City hub site and
W W W .MAG ELLAN -ADVISORS . C O M 27
Meet Me Room for connecting service providers to the City’s fiber
infrastructure.
2. All three major business parks: Patriot Center/Science Drive, Princeton
Industrial Area, and the business park near Hitch Ranch, as well as a fourth
emerging industrial area on Zachary Street near the current location of
Enegren Brewery.
3. Traffic signals on major thoroughfares: Los Angeles Avenue, Spring Road,
and Tierra Rejada.
4. High Street between Moorpark Avenue and Spring Road.
5. Future movie studio site on the western end of Los Angeles Avenue.
6. Consideration of 5G readiness for these facilities and districts, including
planning guidelines.
3. Analysis of the Current
Broadband Market &
Infrastructure
To analyze the current broadband market and availability of infrastructure in
Moorpark, a variety of sources were consulted including data reported to the FCC
by incumbent providers, advertised offerings as quoted by the providers’ websites,
and a database of nationwide fiber assets, which provides maps of some existing
fiber assets in the area.
In addition to the sources, Magellan’s team conducted outreach to incumbent
providers’ sales teams to analyze the availability and pricing of commercial internet
services at six (6) business addresses in various parts of the City. A survey was also
conducted among Moorpark’s business to gather geographically specific data about
broadband subscription.
Based on this research, Magellan concludes that, while most businesses in
Moorpark have access to broadband, many locations have only one choice of
provider. Additionally, although broadband connections are widely available in the
City’s eastern and western business parks, the central business park in the area of
Science Drive and Patriot Drive has only sparse availability of broadband.
In general, the availability of fiber-based broadband is sporadic, as some larger
companies have paid for private connections through AT&T. However, smaller
W W W .MAG ELLAN -ADVISORS . C O M 28
businesses are left with few options for service and surveyed businesses cited a
need for more competition through all areas of Moorpark.
3. 1 BUSINE SS BROADBAND AV AILABILITY
The major internet service providers for businesses in Moorpark are
Spectrum/Charter and AT&T. Spectrum is the major cable provider in Moorpark,
with 97.3% availability throughout the City, consisting of primarily cable
infrastructure. AT&T has DSL covering 91% of the market, as well as some fiber.7
To gain an understanding of offerings from AT&T and Spectrum/Charter, seven
business address locations across various commercial locations in Moorpark were
selected to investigate coverage options. Each business location was researched
for availability and service options at that location. Below is a map of the locations.
Figure 3-1. Commercial Addresses Selected for Analysis
Spectrum and AT&T are the main providers in the Moorpark market. However,
despite being the primary incumbent provider in Moorpark, Spectrum/Charter only
covered two of the seven addresses selected. AT&T listed coverage in six of the
seven locations but most were DSL service; AT&T offered fiber at only one location.
One location, 609 Science Drive, did not have service from either provider. Below is
a table of the offerings from Spectrum and AT&T.
7 Source: BroadbandNow.com
W W W .MAG ELLAN -ADVISORS . C O M 29
Table 3-1. Summary of Commercial Service Offering Analysis
Address Location Provider Service Tier Type
865 Patriot Drive Central AT&T 1000/200 mb
$300.00/month
12 Mo Promotion
Fiber
Spectrum No Coverage
609 Science Drive Central AT&T No Coverage
Spectrum No Coverage
6000 Condor Drive Eastern AT&T 1.5 Mbps $49.99/month
12 Mo Promotion, 1 TB
Cap
DSL
Spectrum No Coverage
14501 Princeton
Avenue
Eastern AT&T 3 Mbps $40.00/month
12 Mo Promotion, 1 TB
Cap
DSL
Spectrum 200 Mbps $49.99/month
400 Mbps $69.99/month
940 Mbps
$109.99/month
All are 12 Mo
Promotional
Cable
444 Zachary Street Central AT&T 3 Mbps $40.00/month
12 Mo Promotion, 1 TB
Cap
DSL
Spectrum No Coverage
5360 N Commerce
Avenue Unit B
Western AT&T 5 Mbps $40.00/month
12 Mo Promotion, 1 TB
Cap
DSL
Spectrum No Coverage
5150 Goldman
Avenue
Western AT&T 3 Mbps $40.00/month
12 Mo Promotion, 1 TB
Cap
DSL- Yes
Spectrum 200 Mbps $49.99/month
400 Mbps $69.99/month
940 Mbps
$109.99/month
All are 12 Mo
Promotional
Cable-No
3. 2 FIBE R LOCATIONS IN MOORPARK MARKET
Moorpark has several providers of fiber in the market area, including both long-
haul routes that connect Moorpark to a national fiber network and more localized
W W W .MAG ELLAN -ADVISORS . C O M 30
metro routes that connect different parts of the Moorpark market to the long-haul
networks.
Long-Haul Routes
Long-haul fiber networks carry data to internet points of presence over long
distances, but do not provide local connections. Such fiber runs through many
communities such a Moorpark, often along railway or major highway alignments,
but because these networks have no local connections, they do not offer services
to the community.
Moorpark has 6 long-haul providers that run mainly along the railroad that passes
east-west through the center of town. As displayed in the figure below, Hudson
Fiber (Orange) and Level 3 (Pink) are built into the center of town while the other
providers stay on the rail path. There is ample capacity to provide service to the
Moorpark community.
Figure 3-2. Long-Haul Fiber Routes in Moorpark8
Metro Routes
Metro fiber networks consist of local connections that serve business, residential,
or government customers. Unlike long-haul fiber, this infrastructure is capable of
serving the community by providing connectivity to end users.
The metro routes are provided by four vendors. Crown Castle and Edison Carrier
Solutions are the major providers of metro routes. Crown Castle (black) has major
east-west locations while Edison covers a large north-south area. Both transit the
downtown business park areas. The other two providers, Level 3 and TPX, only
8 Source: FiberLocator, accessed March 2020.
W W W .MAG ELLAN -ADVISORS . C O M 31
have routes along the rail alignment, which don’t appear to serve any of
Moorpark’s business parks or major commercial areas.
Figure 3-3. Metro Fiber Routes in Moorpark9
Edison Carrier Solutions (ECS) has a large fiber network connecting many cities in
the Los Angeles are and all over California. ECS was contacted concerning
providing dedicated internet service to the 6 business locations. The 444 Zachary St
location was singled out for quotes. An ECS representative declined to give rough
estimate quotes saying they would be “too expensive”.
Crown Castle Fiber is a large nationwide provider of dark and lit fiber. They also
provide symmetrical, dedicated fiber internet access service to government and
businesses. Magellan contacted Crown Castle Fiber and asked for estimated quotes
for service rates and installation costs for dedicated internet access to the 6
business addresses. Rates quotes were for symmetrical, dedicated fiber services
and were around $1,000/month for 100 Mbps, $2,000/month for 1 Gbps and closer
to $6,500/month for 10 Gbps. Crown Castle provided specific quotes for 444
Zachary St and 965 Patriot Drive. For the Zachary St location, the rate would be
around $1,800 per month over 36 months for 1Gbps. For Patriot Dr, it would be
around $2,200 per month.
9 Source: FiberLocator, accessed March 2020.
W W W .MAG ELLAN -ADVISORS . C O M 32
Installation costs were included in the monthly totals quoted for the 3-year
contract. Again, these are informal quotes produced quickly, so they may change
when formal quotes are requested.
Crown Castle does have fiber within 2000 feet of the locations in the western and
eastern business park.
The fiber database also shows which buildings have “lit” fiber and who the provider
is. AT&T lists many buildings in Moorpark that have lit fiber. AT&T provides a
database of lit buildings but does not share its fiber routes. Crown Castle Fiber
does provide fiber routes and “lit” buildings. Below is a map of the lit buildings in
Moorpark area. Over 97% have AT&T listed as the fiber provider.
Figure 3-4. Lit Buildings in Moorpark
Based upon this information and the results of our outreach to providers, it can be
concluded that AT&T does have some fiber in Moorpark, but that m any of its
connections to these lit buildings may be to just one large business that has paid
to build a connection. While these connectivity options may work for such large
entities, the cost for such a connection is likely too expensive for small- to medium-
sized businesses to take on.
3. 3 BUSINE SS BROADBAND SURVE Y
To better understand the current and future broadband needs of businesses in
Moorpark, Magellan and the City administered a short survey that was distributed
to businesses throughout Moorpark. City staff conducted outreach to promote the
survey among a predetermined list that included businesses with five or more
employees whose industries indicated that they would be likely to be users of
broadband. Questions gathered information about a few key insights including
broadband adoption, reason for not having broadband (if applicable), service
subscription types, performance, and satisfaction.
W W W .MAG ELLAN -ADVISORS . C O M 33
The survey was open for approximately six weeks and resulted in a total of 49
responses from businesses across the City. While all responses to each of the
survey’s questions were captured and analyzed, respondents were not required to
provide answers for all questions. An analysis of the responses received for each
question follows.
Respondents’ Industries and Locations
The survey received a relatively diverse sample in terms of the locations and
industry sectors of businesses that responded. The top three sectors, as shown in
the figure below, were Professional, Scientific, and Technical Services (20.4%),
Health Care and Social Assistance (18.4%), and Manufacturing (18.4%), all of which
are industries likely to be heavy users of broadband due to their operational
practices.
The survey results include responses from all three of Moorpark’s commercial
areas including the business parks in the eastern, central, and western parts of the
City, as well as home-based businesses and other locations that fall outside of
these main commercial zones. Businesses located in the central and western
business parks make up the majority of responses (15 and 13 respondents
respectively), but other areas were also well represented.
Broadband Adoption
Most of the respondents (93.9%) indicated that they have broadband connections
at their locations. All three of the responses that indicated they do NOT have
broadband connections and could only connect to internet via cell phone, dial -up,
or satellite were located in the central commercial area of the City near Science
Drive and the Patriot Commerce Center. None of these three respondents
identified or ranked factors for not having broadband connections.
Table 3-2. Total Responses and Broadband Adoption by Location
Eastern Central Western Home-based Other
Total Responses 6 15 13 8 6
Yes, this location has
broadband.
6 12 13 8 6
No Broadband 0 3 0 0 0
Service Subscription
Overall, most respondents subscribed to services from AT&T , with Spectrum as the
second most frequent response provided. Two respondents reported subscribing
W W W .MAG ELLAN -ADVISORS . C O M 34
to services from other providers, although only one wrote in a response (“Site
Server”10). Just one respondent indicated subscribing to services from TPX.
Figure 3-5. Service Providers (n = 37)
Based on survey responses, AT&T and Charter/Spectrum appear to have a
presence in all three of the major commercial areas, as well as among home
businesses and other business locations that fall outside of the large business
parks. The table below details service providers and connection types of
respondent by their location in the City.
Table 3-3. Provider by Location (n = 47)
Provider Eastern Central Western Home-
based
Other
AT&T 2 11 5 4 0
Charter/Spectrum 2 1 3 4 2
Other - Write in 0 1 1 0 0
TPX 0 0 1 0 0
Fiber and cable were reported as the most widespread types of connection, each
with ten respondents. Eight respondents were unsure of their connection type,
three had dedicated lines, and two had fixed wireless connections. None indicated
that they had DSL.
Based on the figure below, it appears that fiber connections were present in all
three business parks. Adoption of fiber was highest in the western busines s park,
where five of 13 respondents indicated they have fiber connections. Only one of
10 Site Server is a Simi Valley-based small, independent internet service provider (ISP)
W W W .MAG ELLAN -ADVISORS . C O M 35
the two respondents outside of the three business parks indicated having a fiber
connection, and none of the home-based responses had fiber.
Table 3-4. Connection Type by Location (n = 38)
Connection Type Eastern Central Western Home-
based
Other
Don't know or not sure 3 1 1 3 0
Fiber-optic cable 1 3 5 0 1
Coaxial cable 0 2 3 4 1
Fixed wireless antenna 0 0 1 1 0
DSL 0 4 0 0 0
Dedicated line or enterprise network
(T-1 or similar, Metro Ethernet, etc.)
0 3 0 0 0
Of these ten fiber connections, eight were AT&T fiber and one was TPX; the other
respondent did not provide information about which company provided service.
AT&T fiber subscriptions occurred in all three business parks, and the single TPX
subscriber was located in the western business park. There was also a single
respondent outside of the three business parks that reported having a fiber
connection from Charter/Spectrum.
Table 3-5. Reported Fiber Connections in Business Parks
Eastern Central Western
AT&T Fiber 1 3 4
TPX Fiber 0 0 1
It should be noted that based on the speed test results of these survey responses,
Magellan concludes that some respondents may have mistakenly chosen fiber as
their connection type. More details on this conclusion are provided below.
Performance
To gain more insight into how respondents’ connections were performing, the
survey contained an imbedded speed test. Respondents provided their contracted
speeds for comparison to actual speeds. As shown in the table below, actual
speeds were far lower than contracted speeds.
Table 3-6. Contracted and Actual Speeds (mb/s) (n = 35)
Contracted
Download
Actual
Download
Contracted Upload Actual
Upload
Maximum 500 325.29 500 111
Minimum 10 2.64 1 1.05
Average 114.8 71.15 79.63 25.24
W W W .MAG ELLAN -ADVISORS . C O M 36
These data also reveal that although several respondents indicated having fiber
connections, they are not seeing speeds that are congruent with dedicated fiber
connectivity. Business class fiber speeds provide speeds of up to 1GB, far
outpacing the average speeds of survey respondents. Symmetrical speeds of 1GB
should be a target for providing a broadband environment to support technology -
heavy industry.
Magellan further analyzed the data by focusing on responses that indicated having
fiber connections to determine whether the actual speeds confirmed this. Across
all responses indicating fiber connections, speeds are much lower than would be
typically expected. This discrepancy may be the result of respondents taking the
speed test on connections over wi-fi rather than directly connecting to the modem.
Observed speeds will decrease quickly with distance on wi -fi networks. In some
cases, the issue may also be that the respondent mistakenly indicated having a
fiber connection when in fact the connection was vi a a different, slower
technology.
Satisfaction
Overall, respondents were nearly evenly split on their levels of satisfaction with
service. The biggest points of dissatisfaction appear to be choice of providers &
offerings and performance & speed. Technica l support & customer service,
reliability, and price all received relatively high satisfaction level rankings.
Other Comments
Finally, respondents were asked to provide comments about what better
broadband would mean to their organization and the area. Some indicated that
they are happy with current offerings, but many stated a need for greater
competition, faster speeds, and lower costs. Below are a few comments from
respondents. A complete list of comments has been provided to the City.
Choices are limited. Faster speed is needed for VOIP phones and
security cameras. – Respondent #37
Faster and more reliable service. Introduction of competition typically
improves performance and price. – Respondent #46
Having remote access to work is becoming more important to everyday
life and work, and therefore a better broadband would be better
quality of life. – Respondent #48
We are happy with our current offering. – Respondent #27
W W W .MAG ELLAN -ADVISORS . C O M 37
The location of our building required us to get the broadband from
AT&T. We could not get service from Time Warner [now
Charter/Spectrum] without extraordinarily high install costs. ($25,000)
– Respondent #15
3. 4 GAP ANALYSIS
As noted from the price, rate, and availability charts above, the broadband service
for small and medium business in the three business parks as quoted by the
providers themselves is sparse, particularly in the central business park near
Science Drive. AT&T covered 6 of the 7 business addresses but only 1 was fiber and
met the FCC definition of broadband (minimum of 25 Mbps download / 3 Mbps
upload). Spectrum/Charter provided service at only 2 of the 7 locations but did
quote speeds that would meet FCC definition of broadband. Although Crown Castle
could provide dedicated service to the western and eastern business parks at
around $2,000 per month, costs are higher than most small or medium businesses
may be able to pay.
The eastern and western business parks seem to have access to broadband, but
the choice of providers is limited to one or two options. In the central business
park near Patriot Drive and Science Drive, broadband may not be available in all
locations.
The availability of fiber is somewhat less conclusive as the speed test results do
not indicate widespread adoption of fiber. We surmise that AT&T fiber is available
to businesses in some of these areas, although the costs for installation are
unclear. We also know that Spectrum/Charter has fiber infrastructure in the region
based on its agreement with the City itself; however, the exact location of these
assets are unclear and offerings as quoted by the company’s sales team indicate
that most of the business parks are unserved by it.
The City of Moorpark has recently learned that AT&T is continuing to deploy fiber
upon request from businesses in the Patriot Drive area and the eastern business
park. However, the challenges of crossing major roadways and the on-demand
nature of these builds make it unlikely that fiber will be ubiquitously available
among businesses in the central business park.
Outside of these business parks, fiber is only available in select locations from two
fiber infrastructure owners, as shown in the fiber database maps. Additionally,
while larger businesses may have the means to pay for their own fiber connections,
small to medium sized businesses are likely priced out of that option.
Overall, competition and choice of providers are other concerns. AT&T seems to be
the only fiber-based broadband provider in many areas, and, although
W W W .MAG ELLAN -ADVISORS . C O M 38
Charter/Spectrum is offering broadband speeds, the actual performance of these
offerings may not be enough to attract tech-focused businesses. Many comments
from respondents reflect the need for increasingly high speeds and performance
as the economy continues to digitize.
4. 5G Readiness and Broadband
Policies
4. 1 5 G DEPLOYMENT
Deployment of “5G” is distinguished from the present “4G” based wireless service
by use of low power transmitters with coverage radius of approximately 400 feet;
5G thus requires closer spacing of antennas and more of them. Small cells bring
the network “closer” to wireless service users to deliver greatly increased data
capacity, faster connectivity speeds and an overall better wireless service; however,
the density of wireless attachments must be greater . As stated by the FCC,
The wireless industry is currently deploying and planning for additional
construction of large numbers of small cells – the number of these facilities is
expected to grow rapidly over the next decade. S&P Global Market Intelligence
estimates that between 100,000 and 150,000 small cells will be constructed by
the end of 2018, and that small cell deployments are expected to reach 455,000
by 2020 and nearly 800,000 by 2026. AT&T has reported that a substantial
majority of its infrastructure deployments over the next five years will be small
cell sites. In addition, Verizon is deploying small cells in several urban areas,
including New York, Chicago, Atlanta, and San Francisco. Sprint announced last
year a goal of deploying 70,000 small cells within two years.11
In the years following this FCC pronouncement all wireless providers did indeed
begin deployment of 5G (during 2019), and the deployment continues in the US
with three wireless carriers (given the recent merger of T-Mobile and Sprint) but
perhaps at a reduced pace given financial and business impacts of the COVID-19
pandemic. However, both AT&T and T-Mobile are on target to offer “nationwide”
5G using low-band spectrum by mid-year.12
11 Streamlining Deployment of Small Cell Infrastructure by Improving Wireless Facilities Siting Policies;
Mobilitie, LLC Petition for Declaratory Ruling, WT Docket No. 16-421, Public Notice, 31 FCC Record 13360,
December 22, 2016, at page 3-4 (citations omitted). (“Improving Wireless Facilities Siting Policies Public Notice”).
12 AT&T “plans to reach nationwide coverage this summer” (2020).
https://about.att.com/newsroom/2020/5g_announcements.html (viewed on May 27, 2020). “T-Mobile has
launched nationwide 5G: Here is what that means.” https://www.cnn.com/2019/12/03/tech/tmobile-
W W W .MAG ELLAN -ADVISORS . C O M 39
Just as in other cities, in the City of Moorpark, requests to encroach on public
rights-of-way and attach small cell antennas to City-owned streetlights, for
example, will be accompanied by requests to place fiber optic cable for backhaul
and network connection, whether via boring, trenching, or other placement
technique. The City needs to have appropriate administrative practices and
policies in place to address these requests for encroachment permits and
placement of antennas on City-owned structures when they come. In addition, the
City may consider policy steps such that the City benefits from future fiber
deployments in the public rights-of-way.
4. 2 FEDERAL AND STATE BROADBAND POLICY ENV IRONME NT
Federal Policy
The placement of wireless facilities is governed by an interrelated legal framework
characterized by shared jurisdiction between state (e.g., the California Public
Utilities Commission) and federal authorities (the Federal Communications
Commission, or FCC).13 But in the past two decades the Federal Communications
Commission (and Congress) has preempted the authority of state and local
jurisdictions, most recently in its “Small Cell Order”.14 The FCC’s Small Cell Order
(currently under appeal in the Ninth Circuit) limits local authority in many areas
include fees (most notably the annual fee limit of $270 per pole), requirements and
criteria that may be used, time frames, and provisions of state laws where the FCC
claims the ability to preempt local authority. The Order permits fees only to the
extent they are non-discriminatory (“no higher than the fees charged to similarly-
situated competitors in similar situations”), and are a “reasonable approximation”
the government entity’s “objectively reasonable costs” specifically related to the
deployment.15
The Order sets out fee levels which are “presumptively reasonable” are $270 per
small wireless facility per year, $500 application fee for up to five facilities, plus
5g/index.html (viewed on May 27, 2020). See also, “What is 5G? The definitive guide to the 5G network rollout”;
https://www.tomsguide.com/us/5g-release-date,review-5063.html (viewed on May 27, 2020).
13 The following discussion does not constitute a legal opinion and should not be construed as such.
Questions about interpretation or applicability of these or other provisions of federal or California law should
be referred to legal counsel.
14 Declaratory Ruling and Third Report and Order; In the Matter of Accelerating Wireless Broadband
Deployment by Removing Barriers to Infrastructure Investment; WT Docket No. 17-79; In the Matter of
Accelerating Wireline Broadband Deployment by Removing Barriers to infrastructure Investment; WC Docket
No. 17-84; Released by the Federal Communications Commission, September 27, 2018. (“Small Cell Order” or
“Order”.)
15 Small Cell Order, at paragraph 50.
W W W .MAG ELLAN -ADVISORS . C O M 40
$100 for each facility beyond five.16 Higher fees can be charged if the state or local
government entity can show the higher fees are a reasonable approximation of
cost and the costs themselves are reasonable and being assessed in an non-
discriminatory manner.17
Beyond fees, the Small Cell Order also addressed state and local requirements in
the areas of aesthetic requirements, undergrounding requirements, and minimum
spacing requirements using the “materially inhibits” standard created by the FCC in
its Small Cell Order. According to the Order, these requirements are not federally
preempted if they are 1) reasonable, 2) no more burdensome than those applied to
other types of infrastructure deployments, and 3) objective and published in
advance. This leaves open the specter of federal preemption of local authority in
these and other areas.
The Small Cell Order is under broadscale legal challenge in the Ninth Circuit Court
of Appeals at present. Among the challenges is that the FCC had no basis for the
$270 per pole limit which would make it arbitrary and capricious, and that the FCC
wrongly infringed on local authority over placement of wireless facilities. But
pending those appeals the Order is enforceable. Many cities have chosen in the
meantime not to take new actions that are in significant contradiction of the FCC
Order. Other cities have chosen to recognize that the FCC’s Small Cell Order is
under appeal and not in effect, and either set fees/terms and conditions as they
would have otherwise, and/or incorporated provisions in ordinances and
agreements that have “change of law provisions” with the current appeal in mind.
Such “change of law provisions” allow changes to fees (i.e., the FCC annual fee
“limit” of $270 per pole), agreements and other regulations in the event the FCC
Order is substantially upheld. (Moorpark Council had approved $270 annual pole
attachment fee in mid-2019.)
The FCC recently made another ruling which attempts to preempt local authority
regarding placement of wireless facilities. The FCC issued a Declaratory Ruling18 on
June 10, 2020, which also has been (or will be) appealed by numerous parties
including state and local government organizations and entities. In particular, the
League of California Cities, the League of Oregon Cities, and the cities of Glendora,
Rancho Palos Verdes and Torrance in California were among those appealing the
FCC preemption almost immediately (on June 22nd). Among other things the
Declaratory Ruling purports to “clarify” existing FCC rules originally adopted in
16 Id., at paragraphs 78-79.
17 Id., at paragraph 80.
18 In the Matter of Implementation of State and Local Governments’ Obligation to Approve Certain Wireless
Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012, WT Docket No. 19-250 and
RM-11849, FCC 20-75 (released Jun. 10, 2020)
W W W .MAG ELLAN -ADVISORS . C O M 41
2014 to implement the Spectrum Act. The cities challenge the FCC’s ruling on the
basis that it violates federal requirements for rulemakings, and is arbitrary,
capricious and an abuse of discretion in seeking to change existing FCC rules
regarding applicability of “eligible facilities requests” (below).
Prior to the Small Cell Order, the “Spectrum Act” enacted by Congress in 2012 19
added new requirements and directives to the Federal Communications
Commission (FCC) for processing and approval of wireless deployments. Following
the Spectrum Act, the FCC issued new regulations to interpret and implement the
Section 6409(a) requirements and directives of the Act related to local authorities
processing of applications for wireless communications facilities. In brief, the Act
tightens the application of “shot clock” timelines, and requires local jurisdictions to
approve certain collocations and modifications to existing wireless
communications facilities under shortened explicit deadlines, if it is an “eligible
facilities request” – any request for modification of an existing tower or base
station that does not substantially change the physical dimensions of such tower
or base station, involving (1) collocation of new transmission equipment; (2)
removal of transmission equipment; or (3) replacement of transmission equipment.
The new FCC regulations established defined standards for what for “substantial
change” and implemented the statutory changes to “shot clock” regulations.
The basis for federal preemption is that Federal law allows cities and counties to
regulate the “placement, construction, and modification” of wireless
communications facilities but subject to certain limitations.20 Those limitations
include:
City regulations may not “prohibit or have the effect of prohibiting the
provision of personal wireless services”21;
City regulations may not “unreasonably discriminate among providers of
functionally equivalent services”22;
Any denial of an application to place, construct, or modify a personal
wireless facility must be based on “substantial evidence contained in a
written record”23; and,
City regulations may not “regulate the placement, construction, and
modification of personal wireless service facilities on the basis of the
environmental effects of radio frequency emissions to the extent that such
19 See Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, § 6409(a)
(2012) (“Spectrum Act”), codified at 47 U.S.C. § 1455(a).
20 47 U.S.C. § 332(c)(7)(A).
21 47 U.S.C. § 332(c)(7)(B)(i)(I).
22 47 U.S.C. § 332(c)(7)(B)(i)(II).
23 47 U.S.C. § 332(c)(7)(B)(iii).
W W W .MAG ELLAN -ADVISORS . C O M 42
facilities comply with the Commission's regulations concerning such
emissions.”24
Also, the Federal Communications Commission (FCC) has regulatory jurisdiction
over transmission of radio frequencies (RF), since the 1996 Telecommunications
Act preempted local regulation of RF safety standards in favor of a uniform
national RF safety standard under FCC jurisdiction.25 “The FCC’s limits for maximum
permissible exposure (MPE) to RF emissions depend on the frequency or
frequencies that a person is exposed to. Different frequencies may have different
MPE levels.”26 Local authorities can require compliance with FCC RF standards be
demonstrated in evaluating 5G siting applications. Applicants often make this
demonstration part of the application package. Local authorities may not however
deny wireless communications facilities siting applications based on RF emissions –
Congress has preempted local authority on this subject.
State and Local Policy
The urgency of state and local policy considerations for small wireless facilities
stems from the fact that many carriers consider streetlights and utility poles to be
“ideal” supporting structures for placement of small cell antennas and equipment .
Cities and counties often prefer installation of small cell wireless facilities on
streetlights owned by the local authority based on the positive visual qualities of
these facilities when built in conformance with design standards and guidelines,
efficient use of assets and the public rights-of-way, as well as in support of Smart
City initiatives as described throughout this Plan.
Wireless providers are advocating for their preferred form of legislation in state
legislatures as well as at the federal level (especially the FCC), designed to preempt
and limit local authority over matters pertaining to small cell deployment.
Specifically, in California, SB 649 was presented to the State Legislature and passed
the State Senate and Assembly in September 2017. However, it was ultimately
vetoed by Governor Brown. The bill would have significantly reduced local
authority over small cell pole attachments in the public right-of-way, including
aesthetics, safety and revenue. Legislation on this subject has evidently paused
while the FCC’s Small Cell Order is being considered on appeal.
To achieve a City-specific balance between local authority and federal preemption
the City adopted a Small Wireless Facilities “Citywide Policy” provision in 2019 in its
24 47 U.S.C. § 332(c)(7)(B)(iv).
25 47 U.S.C. § 332(c)(7).
26 A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and
Practical Guidance; Local and State Government Advisory Committee, Federal Communications Commission,
June 2, 2000, at page 3.
W W W .MAG ELLAN -ADVISORS . C O M 43
Buildings and Construction Code (Section 15.44). This Code provision requires all
small wireless facilities to comply with the “Citywide Policy Regarding Permitting
Requirements and Development Standards for Small Wireless Facilities”. That
“Citywide Policy” was adopted in Resolution No. 2019-3800 and stated that
notwithstanding the FCC’s Small Cell Order, “local agencies retain the ability to
regulate the aesthetics of small wireless facilities, including location, compatibility
with surrounding facilities, spacing, and overall size of the facility, provided the
aesthetic requirements are: (i) "reasonable," i.e., "technically feasible and
reasonably directed to avoiding or remedying the intangible public harm or
unsightly or out-of-character deployments"; (ii) "objective," i.e., they "incorporate
clearly-defined and ascertainable standards, applied in a principled manner"; and
(iii) published in advance.” Similarly, the City also found that “local agencies also
retain the ability to regulate small wireless facilities in the public rights - of-way in
order to more fully protect the public health and safety, ensure continued quality
of telecommunications services, and safeguard the rights of consumers”.
Moorpark’s “Citywide Policy” was adopted in response to the FCC’s Small Cell Order
in April 2019 as a “means to accomplish such compliance (with the FCC’s Order)
that can be quickly amended or repealed in the future without the need to amend
the City’s municipal code.” As permitted by state and federal law, the Citywide
Policy is intended to:
establish reasonable, uniform, and comprehensive standards
and procedures for small wireless facilities deployment,
construction, installation, collocation, modification, operation,
relocation and removal within the City's territorial boundaries
while reflecting and promoting:
the community interest by (1) ensuring that the balance
between public and private interests is maintained; (2)
protecting the City's visual character from potential adverse
impacts and/or visual blight created or exacerbated by small
wireless facilities and related communications infrastructure;
(3) protecting and preserving the City's environmental
resources; (4) protecting and preserving the City's public rights-
of-way and municipal infrastructure located within the City's
public rights-of-way; and (5) promoting access to high-quality,
advanced wireless services for the City' s residents, businesses
and visitors.
The standards and procedures contained in this Policy are
intended to, and should be applied to, protect and promote
public health, safety and welfare, and balance the benefits from
W W W .MAG ELLAN -ADVISORS . C O M 44
advanced wireless services with local values, which include
without limitation the aesthetic character of the City.27
The Citywide Policy addresses all the requirements and conditions for deployment
of small cell wireless facilities on a detailed basis consistent wi th “best practices”
emerging in California as cities adopt wireless ordinances and small cell
deployment standards and guidelines. In particular, the Citywide Policy addresses:
1. The requirement for a Small Wireless Facilities Permit, and the Application
requirements for same;
2. Permit application submittal and completeness review process;
3. Required findings for approval;
4. Standard conditions including permit term and renewal, build out period,
site maintenance and landscaping, cost reimbursement, undergrounding and
electric meter upgrades;
5. Location requirements and preferences as an ordered hierarchy; and,
6. Design standards addressing concealment, antenna volume, noise,
landscape features, site security, signage, pole requirements, utility
connections and services, and setbacks.
4. 3 POLICIE S AND ACTIONS NEEDED FOR 5G DEPLOYMENT
Standards and Guidelines
An emerging best practice for management of small cell deployments by cities and
counties is the use of small cell design standards and guidelines. These Standards
and Guidelines are administered by the relevant City department (e.g., Public
Works and/or Community Development) under authority included in the wireless
ordinance. This best practice avoids embedding specific terms, guidelines and
procedures in ordinances and allows the City to be more flexible over time in how
it administers wireless facilities placement requirements and adapts to rapid
change in technology.
Magellan Advisors provided sample Small Cell Deployment Standards and
Guidelines which have been recently adopted by other cities in California to
illustrate the approach to managing small cell deployments through such practices.
The Citywide Policy adopted by the City addresses most if not all of the subjects
addressed in these Small Cell Deployment Standards and Guidelines. So the
Citywide Policy would transition very well to a policy document administered by
Public Works at the point the City was ready to make that transition.
27 Citywide Policy, Section 1.1.(b).
W W W .MAG ELLAN -ADVISORS . C O M 45
Master License Agreement
Use of Master License Agreements (“MLA”) has emerged as a key practice for cities
and counties to deal with the large number of pole attachments that are associated
with 5G deployment. An MLA establishes the procedures, terms and conditions
under which licensees may request individual pole licenses. The MLA is a
comprehensive document that contains uniform terms and conditions applicable to
all wireless facilities installed on City-owned poles. Individual pole licenses identify
the licensed pole and contain detailed exhibits for the site plans, permits, fee
schedules, insurance documentation, and other materials that are unique to each
site. When the City grants a pole license, that pole license (together with all the
plans, equipment specifications and fee schedules) become integrated with the
MLA.
Use of an MLA framework provides for a level playing field since the MLA format
remains essentially the same regardless of licensees. Each wireless service
provider executes a separate MLA with the City that entitles them to obtain pole
licenses on a first come, first- served basis for a specific time period. Thus, one set
of rules is used for all wireless service providers which in turn reduces the
administrative burden on the City and promotes a level playing field among
competitive licensees.
The wireless service providers benefit from use of an MLA to license existing C ity–
owned infrastructure to install small cell facilities rather than bearing the time and
cost of negotiating individual pole licenses. This more streamlined process
accelerates the deployment of advanced wireless facilities. The C ity benefits from
use of an MLA as well by establishing more robust wireless broadband networks
available to the City’s residents and businesses, maintaining greater control over
aesthetics and potential liability from wireless facilities on City-owned poles, and
earning license revenues which help defray the costs of managing and
administering access to the public rights-of-way and recognize the value of
attaching to City assets.
The City recognizes the importance of the MLA concept, and has been working on
such an agreement with AT&T. Development of an MLA is of heightened
importance given the City’s acquisition of 2,229 streetlights from Southern
California Edison. Magellan Advisors has provided the City with sample MLA drafts
as refined and used by other cities in California for its consideration.
The City is currently drafting an MLA template. At the request of the City, Magellan
reviewed that draft “Municipal Facilities License Agreement” and compared it to
other MLAs in California with which Magellan is familiar. Magellan identified certain
elements in were missing or addressed differently, and the City has incorporated
W W W .MAG ELLAN -ADVISORS . C O M 46
this feedback into the ongoing negotiations. Specifically, Magellan found the
following:
1. The definition of “municipal facilities” in the draft MLA is all-inclusive and
appears to include some structures that are commonly excluded from being
used for attachment of small cell antennas. Examples include:
a. “traffic control structures” which many cities exclude from availability
for small cell attachment for safety reasons, and to preserve future
availability for the City’s own “Smart City” or other sensors;
b. Decorative poles;
c. Wood poles, except on a case-by-case basis;
d. Any pole in an underground district where the Licensee does not
propose undergrounding all non-antenna equipment; or,
e. Any pole in or near a residential district or residential use.
2. The draft MLA at section 2.1 provides for automatic renewal upon expiration
of the initial term. Other MLAs in California address this subject by expiring
automatically and allowing renewal absent written notice six months prior to
expiration of intent not to renew. A total maximum term with renewals (e.g.,
25 years) is also set out in other MLAs. The intent is to maximize within
reason the City’s control over its own assets.
3. The process for permitted assignments and “change of control” provisions
could be considered less than adequate since important conditions are
omitted such as the Licensee is in good standing, and information (e.g.,
financial and operating) is provided that establishes the proposed assignee
is appropriately qualified to install, operate and maintain equipment under
the MLA. Adequate provisions for change of control and permitted
assignments is important given the general level of sales and acquisitions in
the telecommunications industry.
4. The draft MLA appears to provide for above ground electric meters when
other MLAs in California require use of flat rate electric service to the extent
offered by the electric utility for aesthetic and safety reasons.
5. The draft MLA does not contain explicit contractor specifications,
qualifications or requirements as is contained in other MLAs in California.
These requirements require the use of contractors possessing all necessary
licenses and the use of only qualified and trained persons and contractors
for work performed in the license area. Also required prior to
commencement of work is schedule of activities to be performed and listing
of contractors, license numbers and business addresses of those who will do
the work.
6. The draft MLA has good provisions regarding “cost of living” adjustments to
the license fees (c 4% annual increase) and “change of law” provisions
W W W .MAG ELLAN -ADVISORS . C O M 47
applicable to the annual license fee such that an alternate annual fee of
$1270 is included in the event the FCC’s Small Cell Order is reversed by the
9th Circuit Court of Appeals (which order is sustained under any subsequent
appeal).
The City of Moorpark has incorporated Magellan’s findings and recommendations
into its draft MLA and Magellan finds the document to be consistent wi th best
practices and with other MLAs around California and the US.
Dig Once Practices
“Dig Once” can be defined as policies and/or practices that foster cooperation
among entities (especially utilities) that occupy public rights -of-way, to minimize
the number and scale of excavations when installing infrastructure (especially
telecommunications28) in public rights-of-way. Dig Once has numerous substantial
benefits, including promoting and supporting the placement of broadband
infrastructure (e.g., fiber-optic cable and conduit), reducing the consequences and
disruptions of repeated excavations (traffic disruption, road deterioration, service
outages, and wasted resources), and enhancing service reliability and aesthetics.
Dig Once accomplishes the goal of minimizing costs of constructing separate
trenches and facilities – via shared costs of construction. The cost savings are
significant. The Federal Highway Administration estimates it is ten times more
expensive to dig up and then repair an existing road to lay fiber, than to dig
support structure for fiber (e.g., conduit) when the road is being fixed or built.
According to a study by the Government Accountability Office, “dig once” policies
can save from 25-33% in construction costs in urban areas and approximately
16% in rural areas.29 In addition, development of Dig Once standards and
guidelines for deployment of conduit and fiber will facilitate economic
development and growth, as it enables cost-effective staged or gradual deployment
of broadband infrastructure by local authorities.
Dig Once implementation requires revision to the planning and coordination
process for construction projects in the public rights-of-way. When subsurface
utility work occurs, it presents opportunities for the City to install new fiber in the
right-of-way at reduced costs via coordination of work. Dig once and joint trench
policies allow the City to take advantage of other subsurface utility projects for the
installation of fiber. This enables the City to expand its ownership of fiber anytime
subsurface utility work occurs, at preferential costs to new construction. Dig Once
28 Many utilities are “monopolistic” providers (such as gas, water/sewer and electric) but there are a
number of telecommunications providers that seek permission to encroach on public rights-of-way, including
cable TV companies, competitive telecommunications companies, and wireless communications companies.
29 https://eshoo.house.gov/issues/economy/eshoo-walden-introduce-dig-once-broadband-deployment-bill
W W W .MAG ELLAN -ADVISORS . C O M 48
should be applied with discretion so as to not hold up project schedules and
should be used for projects of a significant nature as determined by the Public
Works Director or his or her designee. Other cities have chosen to use the practice
only in cases of “major” construction, which may be determined by thresholds of
the number of blocks or linear feet of the project area, or a project’s cost.
The concept can also extend to required placement of conduit for fiber-optic
conduits whenever the ground is opened, as expressed in recent Congressional
legislation. This concept was embodied in the Broadband Conduit Deployment Act
of 2018, which required the inclusion of broadband conduit during construction of
any road receiving federal funding.30
Magellan Advisors provided sample Dig Once ordinances which have been recently
adopted by California cities for Moorpark’s consideration in implementing such
practices.
4. 4 R ECOMMENDED ACTIONS
1. Develop Small Cell Deployment Design Standards and Guidelines: Magellan
Advisors recommends that in the event that the FCC’s Small Cell Order is
overturned on appeal, the City should consider transitioning relevant
portions of the Citywide Policy to a “Standards and Guidelines” document
administered by Public Works, with any necessary updates and
modifications. This will have the advantage of providing greater flexibility to
deal with market and technological change, without any appreciable
downside given what will have been learned about small cell technology by
that time.
2. Consider and adopt Dig Once Practices: Magellan Advisors recommends
further exploration with relevant departments of the City’s informal
processes for noticing intent to work on streets, and how it may be extended
to a fuller Dig Once practice which includes coordination of work in public
rights of way when any occupant plans to open the ground for their
purposes, regular (e.g., quarterly) meetings of occupants of the public rights-
of-way to share plans and coordinate work, and continued enforcement of
the City’s 5-year excavation moratorium on work in the public rights-of-way
to minimize public inconvenience, achieve efficiencies from coordinated
work and protect public investment in the streets. As stated above, Dig Once
practices should be used at the discretion of the Public Works Director to
ensure that project schedules, budgets, and other considerations are not
negatively impacted.
30 The Broadband Conduit Deployment Act of 2018, H.R. 4800, January 16, 2018.
W W W .MAG ELLAN -ADVISORS . C O M 49
3. Set aside funding to capitalize on joint trench opportunities: In addition to
continuing the use of Dig Once practices, Moorpark should ensure that funds
are available to allow the City to capitalize on joint trench opportunities.
These opportunities may arise both internally (between the City’s
departments) and externally (with other utilities and/or developers working
in the public right-of-way). In order to ready itself for taking advantage of
joint trenching, the City should set aside funds to be available when these
opportunities occur.
4. Develop standard Master Licensing Agreement (MLA): Magellan Advisors
recommends prompt finalization of a Master License Agreement along the
lines of the sample documents which have been provided. The MLA will be
for the City’s use in managing an increasing requests for small cell
attachments to City property. The volume of these attachment requests will
depend on the number of streetlights the City owns (which is significant),
and the suitability of other City property for antenna attachment. The MLA
should include a “change of law” provision and alternate rates for use in the
event the FCC’s Small Cell Order is struck down on appeal.
5. Review the Citywide Policy for transition to the municipal code: Magellan
Advisors recommends that in the event that the FCC’s Small Cell Order is
overturned on appeal, the City should consider transitioning relevant
portions of the Citywide Policy into municipal code provisions where
appropriate. The intent would be to strike the right balance and division of
the current Citywide Policy between the Code and a Standards and
Guidelines document.
5. Smart City Applications
Broadband infrastructure such as fiber can accommodate smart and connected
technologies as more municipal and community functions are carried out online.
Smart City technologies and the Internet of Things (“IoT”) are two growing
ecosystems of devices that will change the way that local governments carry out
their missions. More devices, sensors, and people will be interconnected than ever
before. IoT uses IP networking to connect devices other than computers to the
Internet. A confluence of trends allows interconnection of more and smaller
devices cheaply and easily:
• Licensed and unlicensed wireless services and technology – everything is
connectable, especially given the deployment of 5G wireless networks
• IP is dominant networking standard, which is well defined
W W W .MAG ELLAN -ADVISORS . C O M 50
• Moore’s law31 is still working
• Manufacturing advances permit miniaturization
• Rise of cloud computing
• New algorithms and rapid increases in computing power, data storage,
and cloud services enable the aggregation, correlation, and analysis of
vast quantities of data.
Figure 5-1. The Smart City32
By encouraging a more robust fiber environment in Moorpark, the City will be
prepared to accommodate these emerging trends. The existence of fiber
infrastructure puts communities at the leading edge of innovation and supports a
range of municipal, community, and wireless/broadband applications. Without it,
the City cannot consider the vast majority of Smart City technologies and IoT.
Smart cities capitalize on smart IoT devices to make their organizations more
efficient and effective, while gathering data from devices to make better informed
decisions regarding operations.
The key to Smart City devices is that, rather than
deploying technology just for its own sake, each
application used should be purposefully chosen to
solve community issues. Therefore, becoming a
31 Moore’s Law states that the processing speeds of computers will continue to double every two years,
resulting in faster technologies becoming more affordable.
32 Source: Smart Cities Library. www.smartcitieslibrary.com.
W W W .MAG ELLAN -ADVISORS . C O M 51
Smart City will take on a different meeting for each
unique community.
The City of Moorpark is already on its way to becoming a Smart City. The City has
recently purchased approximately 2,229 streetlight poles from Southern California
Edison and is in the process of retrofitting them. The new Siemens fixtures will
include the ANSI 7-pin receptacle and dimming driver. Siemens will install a
standard photocell, which, according to Siemens, can be upgraded to a “smart”
node that connects to a control system in the future.
This smart lighting system is one of many Smart City applications the City can
consider implementing to enhance services delivered to the community through
technology. Other opportunities range from connected Supervisory Control and
Data Acquisition (SCADA) networks, electric grids, traffic cameras and signalization
systems, smart light pole grids for monitoring and control, smart trash cans, smart
park benches, smart parking and wayfinding, smart irrigation systems, and IoT
systems within government buildings.
As Moorpark becomes more connected, the City should weight the benefits of each
of these technologies and decide which are most important based on their
perceived impact and ability to address community issues. Based on Magellan’s
findings, the following are Smart City applications that the City could consider.
5. 1 SMART CITY APPLICATIONS F OR MOORPARK
Traffic Cameras and Signalization: Connecting traffic cameras and allowing for
signalization control can assist municipalities in managing traffic congestion and
public safety issues. Some police, sheriff and fire departments have monitored
their roads with cameras, allowing for preparation when responding to traffic
accidents or issues. Traffic signal controlling and aut omation aids in managing
traffic congestion and getting public safety officials where they need to be quickly
and safely. Public safety vehicles would have controls on board to allow for light
changes in a safe and easy manner.
The City of Moorpark is already considering plans to run fiber for traffic
signalization to manage congestion along State Highway 118 (Los Angeles Avenue)
in coordination with Caltrans. Doing so could increase the efficient flow of traffic,
reducing travel time for motorists. Such a project would go a long way in alleviating
one of the major concerns of the community, as well as providing the City
opportunities to support additional Smart City applications along one of its key
corridors. Magellan recommends that Moorpark continue its conversations with
Caltrans about this important Smart City possibility.
W W W .MAG ELLAN -ADVISORS . C O M 52
Smart Light Pole Grids: By establishing a grid for smart light poles, municipalities
can automate and control their lighting effectively and efficiently. These
streetlights have LED lighting saving in recurring costs, although by allowing for
dimming and brightening when vehicles and pedestrians come near saves
additional cost.
Smart Irrigation Systems: Smart irrigation systems utilize sensors that monitor
rainfall to determine when the landscape needs watering. Most systems allow for
scheduling of irrigation, however, if scheduled and raining or wet the systems will
delay or cancel deployment. This alleviates over-watering of landscapes and saves
water, which in many drought-ridden areas is a precious resource.
IoT Systems Within “Smart Buildings”: In an effort to save energy costs, public
agencies and businesses are installing connected thermostats, lighting controls
and automation, and smart building strategies such as installing intelligent
windows and facades and smarter HVAC systems that save energy by reacting to
environmental conditions in real time with features such as automated tinting,
shading and controlling indoor air conditions. Smart buildings reduce water and
energy consumption, increase positive occupant experience, and create
sustainable structures. The City of Moorpark could consider implementing some of
these technologies as a it builds out its new Civic Center campus.
Public Wi-fi: In response to the connected nature of citizens’ daily lives, many
cities have begun to provide access to public Wi-Fi in locations such as downtown
commercial and shopping districts, public parks, and other gathering spaces. This
connectivity allows users the convenience of using their mobile devices to find
services near them, connect with others via social media, and even share live video
streams of activities such as youth sporting events. At the same time, public Wi-Fi
allows local businesses opportunities to advertise to the community, promoting
“buy local” campaigns that can be a boon to economic development.
Public parks such as Arroyo Vista are a prime location for providing public Wi-Fi.
Although there is some sentiment that Moorpark’s residents should use their time
in parks to put down their devices and connect with nature, providing connectivity
for visitors to rent equipment via online applications, stream video of their children
playing sports, or find a local restaurant might be beneficial to the community.
Smart Parking and Wayfinding: Many cities struggle with location of parking,
especially in particularly dense cities. Through the use of a network of sensors and
applications, drivers can be notified via phone applications or wayfinding signage
of open parking. Cities such as Santa Monica, CA have decreased parking location
from 20 minutes to 3 minutes saving motorist time, fuel, frustration and carbon
footprint through implementation of this type of system.
W W W .MAG ELLAN -ADVISORS . C O M 53
As Moorpark’s downtown area becomes more pedestrian-friendly, the City could
consider using such technologies to allow visitors to easily locate parking and to
navigate their surroundings. These applications could also be considered at high-
traffic parks such as Arroyo Vista.
Smart Park Benches: Smart park benches can serve citizen and municipal issues
such as charging stations for electronic devices and sensors designed to count
people (or the number of wireless connected devices) in the vicinity. By
understanding the number of people there are in an area, the public agency can
communicate this information to public safety or access historical data to plan for
future events. As with public Wi-Fi and smart parking, smart benches might be
desirable at some public locations such as Arroyo Vista Park.
5. 2 CONNECTED AND AUTONOMOUS VEHICLE S
Autonomous vehicles could fundamentally revamp our transportation systems and
infrastructure and the way we all get around. Autonomous vehicles or “driverless
cars” technology is present today on the streets in our cities and towns, but the full
functionality is not yet activated. The science and technology is in place for
connected and autonomous vehicles, and large companies (e.g., Intel, Uber,
Waymo, auto manufacturers) are “all in”. Connected vehicles exchange digital
information between vehicle and the world, e.g., another vehicle (V2V) or
infrastructure (V2I).
Autonomous vehicles contain systems that influence the lateral or longitudinal
operation – or both – of a vehicle. An SAE International Standard has been defined
for automation levels. Using five levels, this “standard defines vehicle capabilities,
how people can use them, and to what extent they can rely on the technologies.”33
Many vehicles currently have partial autonomous capabilities such as autonomous
cruise control, brake, and lane control.
Autonomous vehicles clearly are on the horizon, and cities and municipalities need
to be ready to support them, whether through policy and ordinances, technology
to support their functionality, and electric charging stations to keep them running .
The most likely connectivity options are 4G and 5G wireless networks and 5.9 GHz
Dedicated Short-Range Communication (DSRC). DSRC is only in pilot environments,
and 5G is still in development with ongoing standards activity. 4G of course has
been deployed.
33 Future Cities: Navigating the New Era of Mobility; Center for Automotive Research, 2017.
https://planetm.michiganbusiness.org/globalassets/pdf/future-cities_final-report_30-october-
2017.pdf?rnd=1522511866020
W W W .MAG ELLAN -ADVISORS . C O M 54
While the communications infrastructure is being deployed to support connected
and autonomous vehicles, there are a number of other decisions and actions that
need to be taken beyond communications infrastructure/broadband deployment,
including:
Include mobility in the planning process, by including connected and
autonomous vehicle expertise in city departments, using public engagement
on the topic and developing a vision for future mobility, analyzing the impact
of innovative mobility, and using incentive zones to encourage/enable use of
innovative mobility and shared automated vehicles
Provide new or improved transportation services, including partnering with
Innovative Mobility providers and hosting pilot tests
Update Transportation policies, including development of policies for
multimodal integration, and update parking to capitalize on benefits of
innovative mobility and connected and autonomous vehicles
Update and prepare the road infrastructure for innovative mobility, by
allocating right of way for innovative mobility, building infrastructure to
enable Innovative Mobility using Complete Streets design principles 34,
maintaining reflective lane markings and rumble strips, and supporting DSRC
based V2I communication (roadside units, traffic signal controllers, traffic
management centers, and user/vehicle-based equipment).
5. 3 SMART CITY POLICY ISSUE S
The Internet of Things and Smart City opens the door to a vast array of new
technology applications and opportunities but also creates several issues which
must be considered by policymakers. These issues must be addressed in an
environment where the pace of change is perhaps exceeding our collective ability
to fully understand the changes and implications.
Perhaps first and foremost is that IoT/Smart Cities creates a firehose of data,
massive amounts that must be collected, processed and managed. The data
management issues include where and how is it stored, processed and used – and
critically, how are privacy concerns addressed.
Another big issue is security. The dispersion of billions of smart devices permits
problems and crimes from poorly protected IoT devices “attacking” infrastructure,
distributed denial of service attacks (DDOS), “Botnet” problems, malware in
interactions with artificial intelligence, and cybercrime including attacks on IoT
data in the cloud.
34 National Association of City Transportation Officials, https://nacto.org/.
W W W .MAG ELLAN -ADVISORS . C O M 55
Further issues include the potential use of IoT data as evidence, pervasiveness of
data monitoring vs. privacy expectations, discriminatory use of IoT data, where in
the IoT system it may be appropriate to place regulation, cross border flows of
data, and the environmental concern over how are these billions of devices
disposed of. These issue areas can be monitored through the various national and
international policy groups, research groups, and businesses that are actively
working on them.
5. 4 PRE PARING MOORPARK FOR SMART CITY
Smart Cities are not exclusively technological; organizational and human factors
must be provided for to foster the necessary collaborations and investment in
human capital. Cities serve communities and Smart Cities must be designed with
public benefits in mind. Additionally, cybersecurity and data privacy are ever more
important in maintaining a healthy Smart City strategy. Ultimately Smart Cities
initiatives are layered, involving network facilities infrastructure, with connected
devices (cameras, sensors, Wi-Fi, etc.), and the data from these devices which
allows capabilities to be embedded in daily practices based on collaboration
among organizations and departments.
The Smart Cities Council is a network of leading companies advised by top
universities, laboratories and standards bodies that develops and advocates for
Smart City policies.35 They have published a “Smart Cities Readiness Guide” that
includes detailed information on Smart City drivers and barriers, benefits, beyond
“silos,” and City responsibilities.
Based on these guidelines, some responsibilities and opportunities Moorpark
should consider for its Smart City readiness are outlined as follows:
Built Environment: The City should plan for “smart buildings” powered by
IoT, using sensors, meters, systems and software to monitor and control a
wide range of building functions including lighting, energy, water, HVAC,
communications, video monitoring, intrusion detection, elevator monitoring,
and fire safety.
Digital City Services: Moorpark should consider switching to digital delivery
of City services to increase citizen engagement, increase employee
productivity, increase competitiveness, increase citizen satisfaction, and
reduce cost. Services are delivered via the web, smartphones and kiosks,
which can require implementation of new technologies, and attitudes or
approaches.
35 https://smartcitiescouncil.com/article/about-us-global
W W W .MAG ELLAN -ADVISORS . C O M 56
Energy: Smart energy is a priority for Smart Cities, which start with the City
implementing smart energy systems.
Health and Human Services: Moorpark should prioritize Smart City uses that
transform the delivery of essential health and education services including
support for telehealth and remote learning.
Ideas to Action: A “roadmap” linked to Moorpark’s vision document and
comprehensive plan is necessary to turn ideas to action, and make
technology serve the City’s larger goals. The path to a Smart City is not quick,
and targets are needed for clear goals to motivate citizens and permit any
required course corrections.
Mobility and Logistics: Population growth and wasteful congestion make this
a critical area for the Smart City. Traffic congestion is a notable concern in
Moorpark and is wasteful and costly to the economy – both directly and
indirectly. Moorpark should prioritize applications that provide safer, more
efficient transportation, including accommodating electric and autonomous
vehicles and smart parking.
Smart Payments and Finance: Digitalizing both disbursements and
collections generates significant savings and increases operational
efficiency. The City should consider providing these options to residents and
businesses across the board for all City services.
Smart People: Implementing Smart City initiatives requires a collective
mindset at City Hall that is open, transparent and inclusive to build two-way
communications and create stronger initiatives.
Telecommunications: An adequate telecommunications infrastructure as
detailed in this Plan is vital for business and community development an d
underlies the Smart City.
6. Asset Inventory
City assets are important in a design for broadband. Existing city owned fiber can
be used as a starting point to for cost effective broadband. Buildings, towers,
conduits, utility poles, and streetlights can be used to mount fiber or fixed wireless
equipment used for expanded broadband service.
Although Moorpark does not currently own any fiber, it recently acquired
approximately 2200 streetlights from Southern California Edison, Moorpark and
Caltrans traffic signals and capital improvement project plans are assets that
should be considered for connecting public safety police and fire locations, City
W W W .MAG ELLAN -ADVISORS . C O M 57
buildings, and underserved business parks as determined the needs assessment
and gap analysis.
6. 1 VE RTICAL ASS ETS
City vertical assets should be made available where appropriate under Master
License Agreements (see Policy section of this report) for use as support structures
for small cell wireless facilities. MLAs define the terms, conditions, fees, and assets
eligible for small cell wireless facility attachment. City-owned streetlights and utility
poles are viewed by service providers as valuable assets in the public rights-of-way
and easements for attachment of small wireless facilities. While traffic light poles
and standards are similarly sought by wireless providers for small cell attachments,
many cities do not consider them to be eligible facilities for attachment due to
their importance for public safety and also potential future use by the City for
Smart City applications.
Assets in locations such as along High Street and in Arroyo Vista Community Park
could be particularly useful for deploying these facilities, as well as for the
deployment of Smart City technologies such as public wi-fi, sensors, and cameras.
Moorpark should include these considerations during MLA negotiations with
wireless carriers to leverage the use of City-owned vertical assets for increased
broadband deployment. In some cases, cities have been able to negotiate in-kind
considerations such as the ownership or use of designated fiber strands to connect
City facilities and/or carriers providing community services such as free public wi-fi
in commercial corridors in exchange for carriers having access to City-owned
infrastructure to house wireless facilities.
Figure 6-1. City of Moorpark Vertical Assets
W W W .MAG ELLAN -ADVISORS . C O M 58
6. 2 OTHER ASSE TS
Other broadband assets to consider include water and gas lines, which are
underground and can, when abandoned, be used to deploy fiber. The use of these
lines is not recommended in Moorpark since all known water and gas lines are still
active and may be pressurized.
Additionally, Moorpark’s schools and college are served by existing broadband
infrastructure. However, these institutions are served by the FCC’s E-Rate Universal
Service Program, whose guidelines dictate that only schools and libraries may use
the networks. Similarly, public safety agencies in Moorpark have their own
communications networks that operate through Ventura County. Due to the critical
nature of these networks, they may not be used for the purposes of expanding
broadband to the community at large.
Ventura County is currently engaged in developing a Countywide middle -mile
backbone network to connect County facilities and cities. Although the County
project is still in the early planning phases, it is likely that the network will include
design considerations that could enable shared use of network assets with
Moorpark. The City should continue to watch the Ventura County project evolve
and staff should play a role in development of this middle mile network that will
bring wholesale broadband into the City. Moorpark should be prepared to build
out last mile connections that serve the community from the County’s network by
using recommendations in this report.
6. 3 CAPITAL IMPROVE MENT PROJECTS
In addition to existing assets, the City of Moorpark’s planned projects should be
leveraged to deploy additional broadband assets including conduit and fiber.
Magellan reviewed the City of Moorpark’s Fiscal Year 2020-21 – 2024-25 Capital
Improvement Projects (CIP) plan as approved by Council on June 17, 2020 to
identify projects that presented opportunities to install additional infrastructure.
Our team also evaluated Ventura County’s planned projects that are anticipated to
occur within the City. Projects that constitute major work in the public right-of-way
including roads, sidewalks, and bike or pedestrian paths, as well as those that
involve underground activities such as drainage and water projects and the
ungrounding of power poles at Science Drive and State Highway 118, were
considered. The selected projects were also vetted with the City of Moorpark’s
team to gain an understanding of the anticipated scheduling and likelihood that
they will proceed as planned.
As marked by the green lines on the map below, there are several projects planned
along key corridors over the coming years that present opportunities to install
broadband infrastructure, many of which at least partially overlap with the gaps in
W W W .MAG ELLAN -ADVISORS . C O M 59
broadband availability, especially the central business park and the connection
between the Civic Center campus, PD, and Arroyo Vista Community Park.
Figure 6-2. Moorpark Capital Improvement Plan Projects for Broadband Infrastructure Deployment
For each of these projects, Magellan recommends that the City of Moorpark include
the deployment of conduit and/or fiber along these paths to begin building
infrastructure that the City could use to connect its own facilities and to lease to
third parties interested in using them to deliver internet services across the City.
This strategy would allow the City of Moorpark to invest incrementally and
opportunistically, taking advantage of cost savings afforded by joint build.
The City should set aside funds that would be used to lay two 2” conduits in these
locations while the ground is being excavated for other purposes. Magellan
estimates that the total length of conduit and/fiber that could be deployed in
correspondence with these CIP projects is 37,335 feet. The current estimate for
laying fiber and conduit in California is between $30-40 per linear foot. Therefore,
we estimate that running fiber and conduit through the entire set of projects would
cost the City between $1.1 and 1.5 million. However, because the ground is already
being excavated in these locations, costs could be reduced by up to 33%, bringing
costs closer to $739k-985k.
Note that the estimates are high-level in nature and should be further explored
once detailed design engineering is done.
--- North Hills Parkway (CIP# C0031)
--- Replace Copper w/ Fiber (CIP #M0040)
--- Shasta Drain (Future CIP)
--- Los Angeles Ave Widening (CIP #C0027)
--- Los Angeles Ave Widening (CIP #C0021)
--- Los Angeles Ave to Freeway (CIP #C0026)
--- Spring Rd Widening (CIP #C0022)
--- High St Improvements (CIP #C0009)
--- Princeton Widening (CIP #C0020)
--- Moorpark Ave Widening (CIP #C0004)
New Civic Center/Library
W W W .MAG ELLAN -ADVISORS . C O M 60
Table 6-1. CIP Projects Estimated Lengths for Broadband Infrastructure Deployment
PROJECT CITY OR COUNTY LENGTH (FEET)
C0004: Moorpark Avenue Widening City 3,359
C0009: High Street Improvements City 2,120
C0020: Princeton Drive Widening City 3,970
C0021: Los Angeles Avenue Widening City 2,250
C0022: Spring Road Widening City 1,395
C0027: Los Angeles Avenue Widening City 3,860
C0031: North Hills Parkway City 4,090
C0035: Arroyo Drive Overlay City 3,322
M0040: Replace Conduit w Fiber County 11,470
Shasta Drain (Future) City 1,499
TOTAL 37,335
6. 4 DEVELOPMENT PROJECTS
In addition to CIP projects, the City has many proposed development agreements
underway. As the developers plan to build residentially and commercially, the City
should consider including mitigations in development agreements to allow for the
installation of conduit and/or fiber infrastructure.
To the west of the current Civic Center location, for example, the Hitch Ranch
Development is proposed. The City could request that the developer of this area
install at least two 2” conduits to along the mapped portions of North Hills
Parkway, Gabbert Road, and Casey Road and at least two 4” conduits at the
southern end of that development, between West High Street and either the newly
built north-south road or Gabbert Road, and over the rail crossing to Poindexter.
These areas will be key to creating a redundant citywide fiber network, as well as
equipping those locations with a broadband utility that can be used for future
development.
Below is a map indicating the recommended location for placing this infrastructure,
followed by a table detailing their estimated lengths, totaling 11,622 feet. Applying
W W W .MAG ELLAN -ADVISORS . C O M 61
the estimate of $30-40 per linear foot to deploy fiber and conduit, the approximate
cost is $349k-465k. Much of this cost could be negotiated during development
agreements. The costs associated with integration of fiber into the project must be
considered as part of the larger strategy for community benefits to be provided in
conjunction with this project, as many competing priorities likely exist.
Figure 6-3. Development Projects for Broadband Infrastructure Deployment
Table 6-2. Development Projects with Estimated Lengths for Broadband Infrastructure Deployment
PROJECT LENGTH (FEET)
North Hills Parkway East of Gabbert 3,359
Casey Road to Meridian Hills 5,682
West High Street to Shasta (along rail alignment) 2,581
TOTAL 11,622
6. 5 IDENTIFICATION OF ANCHORS
Magellan conducted a survey which included businesses and anchor institutions,
especially targeted toward organizations in the City’s three business parks. Results
--- North Hills Parkway (CIP# C0031)
--- Replace Copper w/ Fiber (CIP #M0040)
--- Shasta Drain (Future CIP)
--- Los Angeles Ave Widening (CIP #C0027)
--- Los Angeles Ave Widening (CIP #C0021)
--- Los Angeles Ave to Freeway (CIP #C0026)
--- Spring Rd Widening (CIP #C0022)
--- High St Improvements (CIP #C0009)
--- Princeton Widening (CIP #C0020)
--- Moorpark Ave Widening (CIP #C0004)
--- Developer Area (Hitch Ranch Development)
New Civic Center/Library
W W W .MAG ELLAN -ADVISORS . C O M 62
of the survey do not directly identify anchors that were unserved or underserved.
Moorpark’s schools and Moorpark College are served by E-Rate, securing them
sufficient bandwidth at wholesale pricing. Public safety is connected and served by
the County’s communications systems, except for Moorpark’s Police Department,
which is included as a City facility and accounted for in the recommended design of
the network.
6. 6 BUILDING ADDITIONAL ASSE TS INCREME N TALLY &
OPPORTUNISTICALLY
In addition to placing conduit and/or fiber in coordination with these CIP and
development projects, the City of Moorpark should make incremental investments
in additional segments to create a resilient backbone network that connects all City
facilities and passes all three business parks. These short segments would connect
the conduit and/or fiber assets along the CIP project routes to develop a network
that would be capable of connecting all City facilities, serving all three business
parks, and supporting Smart City applications along major corridors including High
Street, the middle section of Spring Road, and Los Angeles Avenue.
The map below displays these additional segments using blue lines, as well as their
proximity to City facilities and the three business parks. These additional segments
constitute a total of approximately 10,726 linear feet, as detailed in the table below
the map. Using the estimated $30-40 per foot estimate to install fiber, the cost
would likely be between $321,780 and $429,040. As previously stated, both the
design and the estimates are high-level and conceptual; detailed low-level design
engineering would need to be performed to properly vet both the network’s design
and its cost.
As with the yellow segments that correspond with CIP projects and the orange
segments that correspond with development projects, conduit and/or fiber along
these routes could be leased by a third party to connect businesses in the
commercial areas. City-owned conduit could be leased at an average of between
$2.00 and $2.20 per foot, or, if there is room for more than one occupant, could be
shared among many entities at an average of $.45 to $.50 per foot each. Lease
rates for dark fiber vary widely, but the City could expect between $225-300 per
fiber from entities leasing less than three miles of fiber or between $70 and $90
per fiber mile from entities leasing more than three miles of fiber36. The
connections between City facilities could either be managed by the City itself or
could be contracted out to a third party.
36 Based on dark fiber lease rates from nearby City of Anaheim.
W W W .MAG ELLAN -ADVISORS . C O M 63
Figure 6-4. Conceptual Citywide Network
Table 6-3. Additional Segments to Build a Resilient Network w Corresponding Estimates
PROJECT LENGTH (FEET)
South on Spring from High Street 878
West on Princeton from High Street 1458
Los Angeles Ave from Gabbert to N Hills Pkwy 2920
Gabbert from LA Ave to N Hills Pkwy 1725
South on Tierra Rejada Road from LA Ave to Arroyo Vista Park 3745
TOTAL FEET 10,726
6.7 C ONDUIT C ONSTRUCTION SPECIFICATIONS
During all planned CIP projects that call for excavation at a depth of at least 24”,
the City of Moorpark should install, at minimum, two 2” conduits. Magellan
estimates the cost of installing conduits at approximately $39 per linear foot.
Should the City elect to install a meet-me room in the library, 4” conduits should be
used to make connections from the building’s entries to carrier locations on
Poindexter (see figure below). Additional detail about the types of conduit that
should be installed are specified below. All conduit turns should be made with 45-
degree bends or sweeps.
W W W .MAG ELLAN -ADVISORS . C O M 64
Directional Boring/Plowing: Conduit for directional boring should be HDPE with a
minimum rating of SDR 11 type.
Trenching: Conduit type for open trench should be PVC with a minimum rating of
Schedule 40.
6.8 CITY CIVIC CENTE R DE SIGN CONSIDE RATIONS
Moorpark’s location along the rail alignment and at the center of Ventura County
make it an ideal location for a meet-me room (MMR) in which carriers can connect
to one another to share data, interconnect fiber and deploy metro based fiber
services to businesses and institutions. Placing an MMR in Moorpark would be a
strategy for encouraging more providers to bring fiber into the area. Because the
City of Moorpark is currently in the process of designing its new Civic Center and
Library campus, the timing is also ideal; an MMR could be built in the new library
building.
Figure 6-5. Civic Center Design with Conduit and Vaults
The map above displays a recommeded conceptual design for a conduit network
that would branch off the backbone network along Moorpark Avenue and High
Street. To ensure redundant connections, dual entry routes were designed for both
the library and for City Hall. 4” conduits would only be put in if MMR is put into the
library. Otherwise, 2” conduit can be used and the redundant connection to the
library could be eliminated.
W W W .MAG ELLAN -ADVISORS . C O M 65
Should the City decide to house an MMR, connections to the carriers will need to
be made at a connection point slightly southwest of the campus along Poindexter
Avenue. The most feasible route to get there is to follow Moorpark Avenue south
and turn west on Poindexter. Ideally, a second connection could be made by
traveling west along High Street and crossing over the rail alignment north of
Shasta Avenue. It appears that some development is taking place in this area,
including a possible new road that would allow that connection. If that route
becomes a possibility, Magellan recommends that the City pursue the option to
have two diverse connections to the carriers.
The City of Moorpark should have discussions with each carrier about their
willingness to use the City’s MMR. These conversations may reveal that the carriers
are willing to come to the library rather than the City having to come to them.
Other requirements may also be specified during these conversations. The City
should also consider releasing an RFI or RFP to gain a better understanding of the
feasibility and return on investment for the MMR.
Below are some additional considerations for housing a MMR within the City’s new
Library and Civic Center campus.
Dimensions: The dimensions required for an MMR vary based on how many
carriers’ equipment will be housed, but Magellan recommends a minimum of
400 square feet. Generally, each carrier will need at least two 2 four-post,
84" (45U) high cabinets. The more space that can be made available for
equipment, the more opportunity for expansion as new carriers request
space. Ideal dimensions should be approximately 800 square feet.
Below Grade: Most MMRs are below grade, often in a basement. Whether at
ground level or below grade, the room must be waterproof.
Dual Route: Conduits should be installed in at least two entries, creating
dual routes for entry to the building. The diagram above suggests entries on
the north side of the building through the parking lot and on the south side
of the building along High Street.
Conduit: At least two 4” conduits, each with innerduct, should be
constructed to the MMR in order to house multiple cables from carriers.
Power: The MMR should have dual routes for power connectivity and should
be located near the utility room for ease of access to power sources . It will
require backup power and an uninterruptable power supply. Ideally, the
MMR should offer both AC and DC power options to carriers. If only AC
power is offered, the carriers will require more space to house additional
equipment such as rectifiers and batteries.
W W W .MAG ELLAN -ADVISORS . C O M 66
Structured Cabling: Should be placed above server cabinets and away from
power sources.
Cooling: The room should be air conditioned and high-performance cooling
equipment will be needed to ensure an appropriate climate. The basic
principle behind the cooling system design must ensure that the proper
amount of air is delivered to every device in the server cabinet. The cooling
air must be drawn in the front and discharged out the back of the equipment
mounted in the server cabinet. A design with air intakes or exhausts that is
either lateral (side to side) or vertical (bottom to top or top to bottom) is not
acceptable. The cooling system design must be scalable, adaptable , and fail-
safe.
Fire Suppression: The fire suppression system design should meet the
requirements of the National Fire Protection Association (NFPA) and the
City’s building and safety codes. The proposed system must be both
environmentally and people safe.
Security: The MMR should be access-controlled and in a secure part of the
building.
7. Recommendations & Next
Steps
7. 1 INCORPORATING BROADBAND AND SMART CITY INTO
PLANNING PROCE SSE S
Becoming a Smart City means much more than just connecting a network of
devices. A fundamental aspect of cities that the most successful in broadband
planning is that the City itself demonstrates its commitment to connectivity by
incorporating the use of technology into its existing processes. The City of
Moorpark should come to think of broadband as another utility, as necessary to its
businesses and residents as gas, water, or sewer.
In that spirit, broadband, and Smart City should be championed in all of
Moorpark’s planning processes including the City’s Design Review Committee. The
City could consider implementing a Broadband Task Force with representatives
from Public Works, IT, Planning, and the City Manager’s Office to perform such
reviews.
W W W .MAG ELLAN -ADVISORS . C O M 67
Moorpark’s 2050 General Plan should also include considerations for broadband.
Magellan recommends that the General Plan include a goals and policies section
that deals specifically with technology. The section may include findings and
recommendations directly from this report and other pertinent information about
the deployment and use cases of broadband and Smart City in the years to come.
7. 2 BUILDING AND OPE RATING A CITYWIDE NETWORK
As detailed in Section 6, the City of Moorpark should incrementally invest in
expanding its broadband assets including conduit and fiber. The conceptual
routing provided by Magellan is based on incrementally, opportunistically
deploying assets as CIPs are executed and on strategically connecting all City
facilities and providing opportunities for expanded service into Moorpark’s
commercial areas.
Using current estimate for laying fiber and conduit in California of between $30-40
per linear foot, we estimate the total cost of building such a network at between
$1.80 million and $2.39 million, not including any costs for engineering, permitting,
or other considerations. This is only provided as a high-level estimate; detailed
engineering would need to be performed to create a more accurate cost analysis. It
should also be noted that these costs may be reduced by requiring developers to
install infrastructure in the locations indicated by the map in Figure 6-3 and by
using joint trench strategies in the locations where CIP projects are already
planned.
The connections between Moorpark’s City facilities could be handled by the City’s
staff if desired. Alternatively, a third-party ISP could be engaged to manage and
maintain operations of the network.
Additionally, the network’s design passes all three of Moorpark’s business parks,
which would allow for additional broadband options to be provided in those areas.
The Los Angeles Avenue bridge over the Arroyo Simi is the most critical for
connectivity. We recommend that the City of Moorpark partner with an
experienced ISP to offer services using City-owned infrastructure. An agreement
could be made between the City and one or multiple parties to lease assets or to
pass through a portion of the revenue to the City in exchange for the use of
conduit and/or fiber. This scenario would be beneficial to all parties:
1. the businesses in these locations would have more options for service,
driving competition
2. the internet service providers get access to a new market without having to
spend capital to build additional assets
3. the City owns a valuable asset for which it receives compensation from the
partner or partners.
W W W .MAG ELLAN -ADVISORS . C O M 68
The terms of such agreements would need to be negotiated with each prospective
partner, likely through Request for Information (“RFI”) or Request for Proposals
(“RFP”) process as deemed appropriate by City procurement policies.
7. 3 PROVIDE R INVE STMENT/PARTNE RSHIP OPPORTUNITIE S
A key objective for ensuring widespread access to affordable, reliable broadband in
Moorpark is for the City to attract investment from ISPs. To achieve this, strategic
partnerships such as agreements for use of City owned conduit, fiber, light poles
and public rights-of-way are key. Several internet service providers, including
incumbents that already have a presence in Moorpark, were engaged to
understand other partnership opportunities that could enhance the City’s
broadband environment. The findings from each of these conversations are
detailed below and should be used as background for the City to continue
exploring how to attract investment and build partnerships.
AT&T
AT&T has been engaged in ongoing conversations with the Moorpark team about
their current network and any plans to expand assets and services in the City,
primarily focused on the wireless and mobility aspects of their services.
The City and AT&T have been working on an MLA regarding pole attachments and
streetlights. Availability of infrastructure is a consideration for how AT&T plans its
network expansion and upgrades, so until that agreement is resolved, AT&T states
it has not planned expansion in Moorpark.
AT&T expressed openness to connecting Moorpark with its wireline team to discuss
current availability to service business parks. Discussions arose about wireline
working with the City’s Economic Development team to ensure they had accurate
and up to date understanding of where fiber is available, so site selectors and
businesses are aware able to connect where they need to.
AT&T and Moorpark are continuing discussions around the MLA and questions
were submitted to the Moorpark team for review in hopes to wrap up an
agreement.
CenturyLink
CenturyLink is a nationwide internet service provider that delivers last mile
services to residents and businesses in the City of Moorpark. CenturyLink
representatives have been following the broadband planning in the region and
have been engaged in the Ventura County Broadband Consortium meetings, and
therefore understand the goals of the region to expand broadband and fiber
infrastructure to attract new tech-based employers and develop a tech ecosystem.
They noted that their fiber in the region is mostly is long-haul.
W W W .MAG ELLAN -ADVISORS . C O M 69
CenturyLink believes they can assist the city with the right business model and
ability to bring in last mile partners that can “Smartify” the City. The question was
asked on what it would take to get CenturyLink to invest in Moorpark. Discussions
included bringing together the entire team from the education and government
side, to business development and commercial and building a strong business case
that encourages participation and even expansion as regional and countywide.
GeoLinks
Geolinks is a Southern California based Competitive Local Exchange Carrier (CLEC),
GeoLinks delivers Enterprise-Grade Internet, Digital Voice, SD-WAN, Cloud On-
ramping, Layer 2 Transport, and both Public and Private Turnkey Network
Construction expertly tailored for businesses and Anchor Institutions nationwide.37
GeoLinks maintains a local presence as Ventura County is where the company
originated. Their service now expands from the Mexican border to the Oregon
border. GeoLinks serves layer 2 transport to a few neighborhoods to anchor
institutions including schools and some healthcare organizations where they have
launched multi gigabit networks to some of these organizations.
Geolinks maintains a 50/50 split of leased towers to owned towers. They use solar
panels, battery backup and small wind turbines and relay wireless signals down
into valleys. The company emphasizes it to specify and craft solutions for last mile
delivery that provides redundancy, low latency, and symmetrical fiber quality
circuits. The company focuses on line-of-sight solutions and does not express
interest in deployment of 5G.
Geolinks has partnership agreements with long-haul fiber companies including
Crown Castle and states that they have at least one customer in Moorpark via an
AT&T circuit that connects to the POP at One Wilshire in Los Angeles. It also has
lease arrangements in locations throughout the state with Southern California
Edison, AT&T, and Frontier, which range from 10G to dark fiber.
GeoLinks emphasized the importance of Moorpark adopting a dig once policy to
reduce overall project costs. They emphasized that permitting processes can be the
most expensive and time consuming parts of a project. For example, even if the
company has a CUP on file for an overall structure, they are required to obtain a
new permit for the collocation, which creates permit costs and extends time lines
and delays connecting customers. The company stated they are able to build in t wo
days but it can take 45-60 days for permitting even when there’s already a tower.
37 https://geolinks.com/innovative-telecom-solutions/
W W W .MAG ELLAN -ADVISORS . C O M 70
GeoLinks did not state any immediate opportunities in the City of Moorpark or
opportunities to leverage assets for a partnership.
Spectrum/Charter
Spectrum/Charter currently has an agreement with the City of Moorpark to provide
the City fiber connections between five facilities for its internal use. The company
reports that it has invested millions of dollars in capital to its fiber-based
broadband infrastructure throughout all residential areas of the City. Services
offered include Spectrum Internet Gig, video, internet, and phone services. The
company states that only in rare exceptions does the company not currently offer
services.
Spectrum/Charter is working closely with developers and neighborhoods to
address new-build developments and any reports of unavailable service. It is in the
process of expanding service areas, especially to small and medium sized
businesses and states that in addition to the 1Gbps business offering, more
tailored solutions can be arranged for faster speeds as required by businesses.
The company expressed a willingness to discuss opportunities to streamline
regulatory processes that would allow Spectrum/Charter and other providers to
expand service areas by providing faster, less expensive access to public rights-of-
way. Spectrum/Charter states that the City could best encourage investment
through transparent review and permit approval processes that treat all providers
equally. The City of Moorpark previously provided a letter of support for
Spectrum/Charter to pursue grant funding through the CPUC to expand service to
an area within the City. They are open to continued partnership opportunities with
the City and are open to signing a non-disclosure agreement (“NDA”) to share
network maps and further plans for expansion.
Zayo
The Zayo Group is a nationwide fiber infrastructure company with long haul,
middle mile and last mile fiber infrastructure throughout the US and the state of
California. Zayo provides communications infrastructure services, including fiber
and bandwidth connectivity, collocation and cloud infrastructure to its customers.
Zayo considers themselves a “Tier 1 ISP.” Their customers or “partners” range from
large communications companies such as Verizon and AT&T, to community
stakeholders, local governments and large bandwidth consumption businesses.
Representatives from Zayo were engaged and interested in the goals of the City
and how they might be able to meet them, longer term. Zayo’s infrastructure does
not reach to Moorpark today and is more concentrated around the LA metropolitan
area. Based on two sample addresses in the underserved areas, Zayo will work
with their outside plant team to get an understanding of what the costs may be to
W W W .MAG ELLAN -ADVISORS . C O M 71
build from their nearest splice points. Zayo, like most ISP’s, will need to build a
business case in order to deploy new infrastructure into Moorpark, to prepare to
make investment recommendations internally. To develop a business case, the first
step is to gather initial cost estimates based on two addresses in the central
business parks as a possible starting point for negotiations.
The conversations concluded with the plan that Zayo would go back to their
outside plant team and build cost estimates to the business park addresses of 200
Science Park Drive and 14501 Princeton Avenue. Zayo will also provide the City with
dark fiber leasing rates per mile, and cost estimates for offering lit bandwidth
services.
Partnership Recommendations
The City should continue discussions with each of these potential partners as the
network develops. In particular, Moorpark should follow up with Spectrum/Charter
about entering a non-disclosure agreement to obtain maps of their current assets
and plans for deployment. The City should also follow up on Zayo’s willingness to
provide pricing to serve Science Drive and estimates for dark fiber and lit service
offerings.
7.4 FUNDING OPPORTUNITIES
Moorpark should consider pursuing state and federal funding to leverage its
capital expenditures to build out additional broadband assets. Generally, the City
should be monitoring broadband funding opportunities and be prepared to apply
for them quickly by having staff available to review notices of funding
opportunities (“NOFOs”) and to participate in grant writing.
The City should also track regional opportunities through continued participation
organizations such as the Broadband Consortium of the Pacific Coast (“BCPC”), as
well as closely monitoring the County’s broadband project. Moorpark should
continue engaging with the County’s project team about possible grant funding
sources for the MMR. Although the MMR is unlikely to meet funding requirements
on its own, the project may be eligible for funding through organizations such as
the California Public Utilities Commission (“CPUC”) as a part of the larger middle
mile network.
Several funding programs are being defined now for next year. We expect new
sources of public funding to develop relatively often, especially as the COVID-19
pandemic has emphasized the need for broadband for economic development,
telehealth, remote learning, and a digital workforce.
Below are some key grant funding opportunities that Moorpark should consider
exploring to help fund broadband expansion within the City.
W W W .MAG ELLAN -ADVISORS . C O M 72
Rural Development Opportunity Fund (RDOF) Grant
The Rural Digital Opportunity Fund (RDOF) offers subsidies to telecommunications
companies throughout the U.S. to upgrade and expand their networks as required
to provision broadband service at a minimum speed of 25/3Mbps. This program is
open to eligible telecommunications carriers (ETCs) and primarily geared toward
rural areas, although there are some regions of Moorpark that are eligible, as
shown in the map below. Moorpark should track the results of RDOF auctions.
Regions that are outlined in blue are currently eligible.
Figure 7-1. Moorpark RDOF Map
The Phase I auction is scheduled to begin on October 22, 2020 and will target over
six million homes and businesses in census blocks that are entirely unserved by
voice and broadband with download speeds of at least 25 Mbps. Phase II will cover
locations in census blocks that are partially served, as well as locations not funded
in Phase I.
Wireline and wireless telephone companies seeking to participate in any of the
High Cost Program support components must be designated an eligible
telecommunications carrier and meet ongoing requirements by the applicable state
or, in cases in which the state does not have jurisdiction over a particular type of
provider, the Federal Communications Commission. Therefore, to seek this
W W W .MAG ELLAN -ADVISORS . C O M 73
funding, Moorpark would need to partner with an eligible telecommunications
provider.
Economic Development Agency Grants
The Department of Commerce Economic Development Agency’s (“EDA”) Economic
Adjustment Assistance and Public Works programs help distressed communities
revitalize, expand, and upgrade their physical infrastructure. This program enables
communities to attract new industry, encourage business expansion, diversify local
economies, and generate or retain long-term, private-sector jobs and investment
through the acquisition or development of land and infrastructure improvements
needed for the successful establishment or expansion of industrial or commercial
enterprises.
EDA Public Works program investments help facilitate the transition of
communities from being distressed to becoming competitive by developing key
public infrastructure, such as technology-based facilities that utilize distance
learning networks, smart rooms, and smart buildings , multi-tenant manufacturing
and other facilities, business and industrial parks with fiber -optic cable, and
telecommunications and development facilities.
In addition, EDA invests in traditional public works projects, including water and
sewer systems improvements, industrial parks, business i ncubator facilities,
expansion of port and harbor facilities, skill-training facilities, and brownfields
redevelopment. EDA grants are ongoing and range from $100,000 to $3 million.
To qualify, projects must demonstrate:
Alignment with at least one of EDA’s current investment priorities as
published on EDA’s website at www.eda.gov.
Potential to increase the capacity of the community or region to promote job
creation and private investment in the regional economy.
The likelihood that the project will achieve its projected outcomes.
Ability of the applicant to successfully implement the proposed project,
including the applicant’s financial and management capacity and the
applicant’s capacity to secure the support of key public and private sector
stakeholders.
The CARES Act was passed in 2020 to assist communities with the COVID -19 crisis
and appropriated additional funding to the tune of $1.5B for the Federal Economic
Development Agencies Economic Adjustment Assistance Program, distributed by
region. The funding bill is not an infrastructure bill but includes support and
additions to funding for broadband, education, telehealth and tribal entities. No
funding deadline exists, and the funding will be highly competitive to local
governments and universities. Although this specific program is a short-term
W W W .MAG ELLAN -ADVISORS . C O M 74
opportunity, Moorpark should continue to monitor EDA funding by contacting its
regional representative. Additional opportunities may become available pending
further action at the Federal level.
California Advanced Services Fund Grant
California Public Utilities Commission (“CPUC”) administers California Advanced
Services Fund (“CASF”) to provide broadband access to no less than 98% of
California households in each broadband consortium region by 2022. CASF is
funded by a surcharge rate on revenues collected by telecommunications carriers
by end users for intrastate telecommunications services. Both private
telecommunications companies and local government agencies are eligible to apply
for funding.
As of the time of this report, areas where no providers offer 6/1Mbps are eligible for
funding. However, a proposed senate bill in the State of California (SB-1130) would
make sweeping changes to the definition and funding of broadband infrastructure
throughout the state. The proposed legislation deletes the old 6/1 Mbps proposes
that now an area that lacks 25/25 Mbps low latency broadband is eligible for
funding and only projects that provide future proofed infrastructure at a minimum
of 100/100 Mbps low latency can receive state financing. It also would undo the
ban on middle mile open access projects receiving funding.
Moorpark should continue to track the status of SB-1130 and whether sections of
the City might be eligible for funding.
Impact Fees and Mitigations in Development Agreements
With the new development that is taking place in Moorpark, the City may have an
opportunity to fund broadband infrastructure projects by collecting impact fees .
Just as these fees can offset costs to manage water and sewer infrastructure,
impact fees may be used to support the costs of broadband infrastructure. These
fees would be charged to developers as terms of development agreements. The
City may also want to consider developing impact fees for construction in the
public right-of-way that reduces the longevity of the assets.
Specifically, the City should ask the developers of the area to the west of the
current Civic Center location where the Hitch Ranch Development is currently being
planned to install conduit as the development is built. To connect the network,
North Hills Parkway, Gabbert Road, and Casey Road are key; therefore, the City
should request that the developer install at least two 2” conduits in these locations.
Additionally, should the City decide to place an MMR in the library as
recommended, two 4” conduits should be placed on the southern end of that
development, between West High Street and either the newly built north-south
road or Gabbert, and then south over the rail crossing to Poindexter.
W W W .MAG ELLAN -ADVISORS . C O M 75
Moorpark’s legal counsel (City Attorney) should be consulted further about how to
most effectively implement such fees and mitigations.
7. 5 VENTURA COUNTY BROADBAND PROJECT
Ventura County has recently begun efforts to plan for a countywide fiber network
that will bring increased connectivity to the entire region. In addition to connecting
key county facilities, public safety age ncies, and other anchor institutions such as
healthcare facilities and schools, the Ventura County network will also interconnect
municipal networks, bringing options for wholesale bandwidth. Cities such as
Moorpark that participate in the project will be able to use the County’s network to
connect back to internet points-of-presence (POP), which could save the City the
cost of having to lease these connections from a private telecommunications
carrier.
Should Moorpark decide to proceed with the recommendation to install an MMR in
the new Civic Center and Library campus, that location could play a key role in the
development of Ventura County’s networks. Regional collaboration with the County
and other cities would also provide Moorpark with more leverage for bringing in
additional telecommunications investors. Such collateral efforts are often much
more effective means of approaching broadband strategy than are unilateral
approaches.
For these reasons, it is vital that the City of Moorpark continue to actively
participate in the Ventura County project.
7. 6 N EX T STEPS FOR MOORPARK’S BROADBAND STRATE GY
1. Incorporate broadband and technology into all planning considerations,
especially the City’s 2050 General Plan update. As it looks toward the future,
the City of Moorpark should collectively think of broadband as a utility that is
necessary for residents, businesses, and the City itself. Moorpark’s
forthcoming General Plan should include considerations for the broadband
infrastructure and Smart City applications addressed in this report, as well as
other solutions that address community needs. Magellan recommends that
someone represent Smart City devices and broadband networks during the
development of the General Plan, as well as on an ongoing basis in other
planning and daily permitting and construction approval activities, by
assigning a member of the City’s Development Review Committee to review
projects and write conditions of approval for the purposes of broadband
deployment.
2. Implement policies related to the deployment of small cell
telecommunications facilities including an MLA, Small Cell Design and
W W W .MAG ELLAN -ADVISORS . C O M 76
Deployment Standards, an updated telecommunications ordinance, and a Dig
Once ordinance and practice. Moorpark should develop a Dig Once policy or
ordinance, design standards and guidelines for wireless facilities, and a
template for future master license agreements. These agreements should all
strike a balance between maintaining local control and partnering with
providers to lower their barriers to entry in cases where it is beneficial to the
community. The City should also track the status of current FCC rulemaking
and adjust its policies as appropriate.
3. Include broadband in development agreements with considerations for impact
fees and mitigations for the placement of conduit. All development
agreements should be reviewed to ensure that the City is not missing
opportunities to encourage robust broadband. Requirements for placing
conduit and mitigations for deploying infrastructure should be considered on
a case by case basis. Most immediately, the City should request the developer
of the Hitch Ranch area to install conduit infrastructure according to the map
contained in this plan. This could save Moorpark a considerable amount of the
costs to deploy broadband infrastructure to complete buildout of a citywide
fiber network. Moorpark’s legal counsel should be further engaged to discuss
how to most effectively implement such fees.
4. Set aside funds to install conduit and/or fiber infrastructure during CIP
projects. Magellan recommends setting aside $100-150k to take advantage of
opportunities to install infrastructure such as joint build or CIP, keeping the
marginal costs low. Adding a conduit in coordination with a nother project can
reduce costs by as much as 33%. Moorpark may consider setting up an
enterprise fund that is funded by fees such as the small cell or conduit lease
revenues or the impact fees mentioned above as a reserve for this.
5. Incrementally and opportunistically build connections for a Citywide fiber
network. As funds become available, close connections to create a redundant,
resilient loop of infrastructure that connect City facilities and that can be used
to offer additional services to businesses. These assets can be used for the
City to provide its own connections to replace the current Spectrum/Charter
connections, lowering telecommunications expenditures. The network assets
can also be leased to third party ISPs to provision services to businesses and
new developments for economic development.
6. Engage with potential partners about agreements to use City assets for
increasing service offerings. The City should continue discussions with
incumbents AT&T and Spectrum/Charter as well as other ISPs interested in
W W W .MAG ELLAN -ADVISORS . C O M 77
entering the market to understand how to best attract investment and
leverage City assets. If desired, the City could consider issuing an RFP to solicit
responses from parties interested in using assets such as conduit and/or fiber
once they are built.
7. Track and participate in the Ventura County broadband project and other local
initiatives to promote a regional broadband vision and increase interest in the
region. Moorpark already plays an active role in participating with other cities
in the region on broadband initiatives. The City should continue to track the
Ventura County broadband project, as well as any other broadband initiatives
occurring within the region. Like many other initiatives, broadband planning is
often the most productive when it is approached as a regional effort, and
Moorpark’s location in the center of Ventura County and along Highway 118
makes its participation in such efforts extremely beneficial for both the City
and other stakeholders.
8. Provide space for a meet-me room in the design plans for the new Civic
Center. Moorpark should consider releasing an RFI or RFP to determine the
feasibility of building an MMR. This meeting point could unlock not only
additional investment from broadband providers, but a thriving tech
ecosystem that attracts an array of new businesses. Before finalizing the
construction plans, ensure that considerations for space, power conditioning,
air conditioning, and dual route entry are noted.
9. Continue tracking grant opportunities for funding expansion of broadband
assets including EDA, RDOF, and CASF. Be ready to pursue funding
opportunities that may have short windows. Working closely with
organizations such as the County, other cities, EDA, and the Broadband
Consortium of the Pacific Coast will be helpful in keeping track of what is
available and how to seek funding.
10. Should the City desire to further understand the cost and revenue potential of
the network identified in this Plan, it should perform a full financial analysis
based on further outreach to the business community. Because a full ROI
analysis was not performed, detailed revenue projections are not available.
For additional financial estimates, Moorpark should conduct detailed design
engineering to better understand the cost of building the network and
perform additional outreach to businesses and potential partners in order to
generate take rate estimates and other key metrics that could input into a
pro-forma to provide more detailed return on investment estimates.
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Consider Refuse Hauling Rate Increase Requested by Mill Valley Refuse Service for July 1, 2021 through June 30, 2022
Reviewed By:
_________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY Council will be considering the 2021-2022 rate increase application for waste hauling services by Mill Valley Refuse Service. RECOMMENDED ACTION(S) Staff Recommends the Town Council: Conduct a public hearing on the proposed Mill Valley Refuse Service rate increase, and if acceptable, move to adopt a Resolution (Exhibit 5) approving solid waste collection rates for 2021-22
BACKGROUND The Town of Tiburon and Mill Valley Refuse Service (MVRS) entered into franchise agreement providing for residential and commercial solid waste collection services effective July 1, 2011.
The Agreement allows MVRS to adjust fees for two consecutive years based on the increase in
the Consumer Price Index (CPI), capped at 3%, without requiring a base rate change application or approval by the Town Council. In the third year, or any year their request is above the CPI, MVRS must apply for a base rate change. The last rate increase request by MVRS was in October 2020.
On April 1, 2021, MVRS submitted to the Town a letter and an application for a base rate increase (Exhibit 1). This initial request was for an increase of 2.49% for the period July 1, 2021 through June 30, 2022.
ANALYSIS
MVRS also serves the cities of Belvedere, Mill Valley and Corte Madera, as well as several unincorporated areas and Special Districts in Southern Marin. Each of these contracting entities also received an initial rate increase application of between 1.89% and 2.98%. Every three years,
at the expense of MVRS, these agencies can retain the services of an outside consultant to review
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: PH-1
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 3
the application to determine the accuracy of the calculations used by MVRS to justify the rate increase. As it has been three years since the last review, all the contracting agencies collectively retained the services of R3 Consulting Group, Inc. (R3) to review the base rate change application and related financial information for each agency. R3 specializes in providing solid waste
management consultation services for public agencies, and has been the company used by the
MVRS contracting agencies to conduct this analysis for a number of years. A copy of R3’s complete final review is attached as Exhibit 2. Based on their review of MVRS’s original rate application, R3 has recommended a number of
adjustments, resulting in revised proposed rate increases for each entity. A summary of these rate
change recommendations is attached as Exhibit 3. With regards to Tiburon specifically, R3 identified a number of errors in the MVRS methodology, which when corrected, results in a proposed rate increase for Tiburon of 3.40%. This is 0.91% higher than the 2.49% increase included in the initial application.
R3 reviewed the proposed change with representatives of MVRS and they concurred with the recommended changes. However, in an email to the Town on May 25, 2021 (Exhibit 4), MVRS indicated, despite justification for modifying the requested rate increase for Tiburon, they would honor their original request for a 2.49% increase in rates.
FINANCIAL IMPACT There is no cost to the Town in approving the requested rate increase. Based on the proposed rates, the Town would realize an increase of approximately $12,500 in annual franchise fees from
Mill Valley Refuse Service.
CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon.
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 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: Conduct a public hearing on the proposed Mill Valley Refuse Service rate increase, and if acceptable, move to adopt a Resolution (Exhibit 5) approving solid waste collection rates for
2021-22.
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 3 OF 3
Exhibit(s): 1. Mill Valley Refuse Service April 1, 2021 letter and Rate Increase Application. 2. R3 Consulting Review 3. R3 Consulting summary of rate adjustments 4. Mill Valley refuse Service May 25, 2021 email 5. Resolution to adopt rate increase Prepared By: Greg Chanis, Town Manager
EXHIBIT 1
EXHIBIT 2
May 28, 2021
Mr. Eric Erickson
Director of Finance and Human Services
City of Mill Valley
26 Corte Madera Avenue
Mill Valley, CA 94941
submitted via email: eerickson@cityofmillvalley.org
SUBJECT: Review of Mill Valley Refuse’s 2021/22 Rate Application
Dear Mr. Erickson:
R3 Consulting Group, Inc. (R3) was engaged by the City of Mill Valley (City) on behalf of the City, Belvedere,
Corte Madera, Tiburon, Alto Sanitary District, Almonte Sanitary District, Homestead Valley Sanitary District,
Strawberry Recreation District, and Marin County (collectively, “Contracting Jurisdictions”) to assist it and
the Contracting Jurisdictions served by Mill Valley Refuse Service (MVRS) with its review of MVRS’s Rate
Year 2021/22 rate adjustment request, for rate effective July 1, 2021 through June 30, 2022. This letter
report presents our findings.
We wish to thank MVRS, including Jennifer Dami and Jim Iavarone and their consultant Claudia Hayes.
The Rate Application was well-organized, and we were provided with requested information in a timely
manner.
Objective
To review MVRS’s 2021/22 Rate Application to determine whether:
It is mathematically accurate and logically consistent;
It is consistent with applicable terms and conditions of the franchise agreements; and
Its projections are reasonable and supported with appropriate documentation, as applicable.
Request for Rate Adjustment
MVRS submitted its 2021/22 Rate Application on April 1, 2021, which projected an overall revenue shortfall
for the Contracting Jurisdictions of approximately $530,000, representing a request to increase solid waste
rates by 2.55%. Based on MVRS’s allocation of revenue and expense projections, MVRS was requesting
a 1.89% to 2.98% rate increase, depending on the jurisdiction.
MVRS’s Rate Application is included as Attachment 1 to this report. Page 2 of Attachment 1 shows the
original rate adjustment calculations for each of the Contracting Jurisdictions.
Mr. Eric Erickson
Review of Mill Valley Refuse’s 2021/22 Rate Application
May 28, 2021
Page 2 of 6
1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com
Summary of Findings
Based on our review of MVRS’s Rate Application, we recommend adjustments that reduce MVRS’s
projected revenue shortfall from $530,137 to $446,279, a decrease of $83,858 or 0.40% in the overall rate
adjustments overall for the Contracting Jurisdictions. The net result is an overall rate increase of 2.15% as
compared to MVRS’s requested 2.55% rate increase. Attachment 2 demonstrates the impact of
adjustments to MVRS’s Rate Application, including the specific rate increases by jurisdiction.
Limitations
MVRS’s Rate Application contains projections of revenues and expenses based on various assumptions
and estimates. R3 reviewed those projections for reasonableness and compliance with applicable
guidelines and prior MVRS practices which met approval of the Contracting Agencies in the past. Actual
results of operations will, however, often differ from projections because events and circumstances often
do not occur as expected and those differences may be significant.
This is especially true for commercial rate revenues in the wake of the COVID-19 pandemic – while R3
found MVRS’s projections of commercial rate revenues for the coming Rate Year to be mathematically
sound and reasonable, we cannot attest to whether the reality of potential COVID-19 economic recovery
will be in line with those projections. If recovery in the commercial sector is better than experienced in the
first quarter of 2021, then MVRS will likely receive more commercial revenues than projected by the Rate
Application (and, conversely, if economic recovery reverses, commercial revenues may be less than
projected).
Review of Prior Adjustments
Our review included determining if MVRS properly accounted for non-allowable expenses as specified in
the various franchise agreements and other adjustments identified and agreed to as part of the review of
its prior rate applications. MVRS prepared their Rate Application to directly address adjustments to
disallowable expenses, which were the main recommended changes identified during R3’s review of the
prior 2018 rate application. By incorporating this into their Rate Application practice, MVRS directly
addressed allowable and disallowable expenses with no need for further adjustment by R3.
Background
MVRS provides solid waste management services to the following nine (9) Contracting Jurisdictions:
City of Belvedere
City of Mill Valley
Town of Corte Madera
Town of Tiburon
Marin County
Almonte Sanitary
District
Alto Sanitary District
Homestead Valley Sanitary
District
Strawberry Recreational District
Solid waste collection services are provided with rear loading vehicles. Recycling and composting routes
use semi-automated vehicles with one-person crews. Garbage routes are manual and are predominantly
Mr. Eric Erickson
Review of Mill Valley Refuse’s 2021/22 Rate Application
May 28, 2021
Page 3 of 6
1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com
one-person crews, although two-person crews are used at times. Bulky waste collection services are
provided with the existing scheduled routes.
The process that has been used by the Contracting Jurisdictions to adjust rates is for MVRS to submit a
Base Year Change Application not less than once every three (3) years. The Rate Application is then
reviewed, and appropriate adjustments are made to the rates prior to Council or Board approval of the
requested rates.
In interim years, rates have either been adjusted based on the change in the Consumer Price Index (CPI)
or via additional Base Year Change Applications (as was the case in 2020). While these interim Base Year
Change Applications could be subject to third-party review by a firm such as R3, in practice the Contracting
Jurisdictions have not requested such review in interim years (including in 2020).
Actual reported revenues and expenses for the most recently completed calendar year form the basis for a
Base Year Change Application. Those actual results are adjusted to project revenues and expenses for the
upcoming Rate Year, which are then allocated among the nine Contracting Jurisdictions. The rate
adjustment necessary to achieve the associated revenue requirement1 for each of the Contracting
Jurisdictions is then calculated, based on the projected revenues prior to the rate adjustment.
Findings
R3 identified the following items that required adjustments:
1. MVRS incorrectly applied the Allocated Debris Net Excess amount. It was applied as a deficiency
when it should have been applied as an excess, offsetting the needed rate adjustments for the
Contracting Agencies. The resulting adjustment yielded a $79,282 overall credit to the rates,
instead of the opposite.
2. MVRS projected cart revenue service adjustments using the rate change from the 2019/20 to
2020/21 Rate Years, and the change in cart subscription levels over that time period. R3 identified
a number of inaccurate rates used in the calculation of cart revenue service adjustments and
worked with MVRS to correct and verify those calculations for accuracy. The result changed the
revenue projected due to subscription change from $290,464 to $194,726, with varying degrees of
change by Contracting Jurisdiction.
3. MVRS projected 2021/22 cart revenues at current rates (those adopted October 1, 2020) based on
current cart subscriptions and rates. For commercial revenues, MVRS projected 2021/22 revenues
based on actual revenues received during first quarter of 2021 (January through March). MVRS
annualized the Quarter 1 revenues over a 12-month period to project commercial revenues for the
2021/22 Rate Year.
As with the service adjustment projection described in the prior bullet, R3 identified a number of
inaccurate rates used in the calculations of cart revenues and worked with MVRS to correct and
verify those calculations for accuracy. The result changed this 2021/22 additional revenue
projection from $1,111,892 to $1,133,815, with varying degrees of change by Contracting
Jurisdiction.
1 The revenue requirement is calculated as follows: Allowable Costs (i.e., costs reasonably incurred in connection
with providing the required franchise services) plus Pass-Through Costs (i.e., costs that are not subject to profit,
such as franchise fees, other governmental fees and excess disposal expense) plus target profit.
Mr. Eric Erickson
Review of Mill Valley Refuse’s 2021/22 Rate Application
May 28, 2021
Page 4 of 6
1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com
4. MVRS identified a subscription account correction which changed the total residential account
number from 2,791 to 2,744 for the Town of Tiburon. This affected the allocation percentage
calculated using the subscription values across the Contracting Jurisdictions.
5. MVRS originally used the account numbers from 2014 to calculate the allocations for street
sweeping expense projections. R3 updated this calculation to the use 2020 account values. While
MVRS correctly applied the Street Sweeping expenses to both the Allowable Pass-Through
expenses and the Disallowable expense, the values of these expenses changed for the Towns of
Tiburon and Corte Madera.
COVID-19 Impacts
2020/2021 Rate Application
MVRS requested a rate adjustment outside of the standard CPI adjustment in the 2020/21 Rate Year. This
rate adjustment was requested due to the effects of the COVID-19 pandemic on the economy, which in turn
affected the collection operations of MVRS throughout the Contracting Jurisdictions. In order to gather data
to properly project the financial expenses of the pandemic, MVRS, with the approval of the jurisdictions,
delayed the rate adjustment for one quarter.
MVRS used the financial information gathered during that period to project out for the next nine months.
However, because there was a three-month delay in the rate adjustment, MVRS calculated the 2020/21
rate adjustment to factor in the revenue lost due to the delayed rate adjustment. The approved rate
adjustment that went into effect on October 1, 2020 was calculated to generate the full twelve months of
revenue needed for the full year in the nine months that the rates were in effect.
2021/22 Rate Application Adjustment
The Rate Application projects the next Rate Year’s revenue expectation by taking the current revenue and
adding the following revenue adjustments to it:
1. Residential Service Adjustments
MVRS accounted for the change in revenue due to the change in residential account numbers by
jurisdiction from February 29, 2020 to March 17, 2021. This calculated the difference in revenue
produced at the current rate between the two subscription numbers. The total of that difference was
added as additional (or reduction) of revenue expected in the coming 2021/22 year and is
consistent with prior practice. R3 confirmed the accuracy of this projection based on the
subscription levels reported by MVRS and the current approved rates.
2. 2021/22 Residential Revenues at Current (October 1, 2020) Rates
Due to COVID-19, prior rates were implemented in October 2020, a full quarter later than the usual
rate adjustment date (July 1, 2020). In the Rate Application, MVRS accurately accounted for
revenue that would be generated by the current (October 1, 2020) rates for the coming 2020/21
Rate Year. MVRS’s methodology for projecting revenues at current rates means that the requested
rate adjustments would be applied to the current (October 1, 2020) rates, and not the rates that
would have otherwise been implemented on July 1, 2020.
Mr. Eric Erickson
Review of Mill Valley Refuse’s 2021/22 Rate Application
May 28, 2021
Page 5 of 6
1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com
3. Projections of 2021/22 Commercial Rate Revenues
MVRS projected commercial rate revenues by taking the average of the first quarter of 2021
(January through March) and annualizing this to represent the expected revenue for the coming
year. The difference between this annualized value and the actual revenue generated during the
previous 12 months (April 2020 through March 2021) was calculated. This value represents the
expected increase in commercial revenue based on the current rates.
It should be noted that MVRS’s methodology for projecting commercial rates does not take into
account the potential for economic recovery during the Rate Year that may result in increased
commercial activity, and thus increased commercial solid waste subscriptions and solid waste
revenues. MVRS is not able to accurately predict whether and how commercial solid waste
subscriptions may change in the coming Rate Year, and R3 finds that MVRS’s projection approach
is reasonable and based in the most recent financial information available at the time that the Rate
Application was submitted.
Methodology
During our review of MVRS’s 2021/22 Rate Application we:
Reviewed the Rate Application for mathematical accuracy and logical consistency;
Tied MVRS’s calendar year (CY) 2020 draft Schedule of Operating Income to the CY 2020
revenues and expenses reported in the Rate Application;
Reviewed the allocation of CY 2020 revenues and expenses among Collection, Street Sweeping
(allocated to those jurisdictions that are provided that service) and Portable Toilets (non-
franchised service) for general reasonableness and consistency with the Rate Year 2018 and
2015 detailed rate review;
Reviewed the adjustment factors applied by MVRS to CY 2020 revenues and expenses to
project Rate Year 2021/22 results for reasonableness;
Reviewed the factors used by MVRS to allocate Rate Year 2021/22 revenues and expenses
among the Contracting Jurisdictions;
Documented the following items from the various franchise agreements and reviewed their
handling in the Rate Application to determine consistency with the franchise agreements:
Profit level;
Franchise fee percentage and application (e.g., as a percentage of gross revenues);
Free services;
Non-allowable expenses; and
Pass-through expenses.
Reviewed MVRS’s handling of adjustments that were made to its 2015 and 2018 Rate
Application to determine conformance with those adjustments in this Rate Application, as
appropriate;
Adjusted MVRS’s projected Rate Year 2021/22 revenues and expenses based on the identified
adjustments, and recalculated the rate adjustments for each jurisdiction; and
Mr. Eric Erickson
Review of Mill Valley Refuse’s 2021/22 Rate Application
May 28, 2021
Page 6 of 6
1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com
Presented the preliminary findings to MVRS for review and comment to ensure that we did not
misrepresent information provided by MVRS, and made appropriate revisions based on
comments received from MVRS.
Revised Rate Adjustment
As discussed above, based on our review of MVRS’s Rate Application, we recommended adjustments that
result in a net decrease in MVRS’s projected shortfall of $83,858, a 0.4% decrease in the overall rate
adjustment.
As described above, MVRS used the first quarter of 2021 to project commercial rate revenues for the
2021/22 Rate Year. Given that future economic recovery in the wake of the COVID-19 pandemic is
uncertain, R3 recommends that the Contracting Agencies consider conducting a subsequent Base Year
Rate Review for rates effective July 1, 2022 in order to capture the effects of potential economic recovery
in the rates.
* * * * * * *
We appreciate the opportunity to be of service to the Contracting Jurisdictions. We also look forward to
completing a “look back” analysis on behalf of the City and the Contracting Jurisdictions comparing MVRS’s
projected revenues and expenses from prior Rate Applications to actual revenues and expenses. This
additional analysis was recently requested by the City and will be undertaken after completion of this review
process.
Please feel free to contact me by phone at (510) 292-0853 or by email at gschultz@r3cgi.com if you have
any questions or comments regarding this submittal.
Sincerely,
R3 CONSULTING GROUP
Garth Schultz | Principal
Attachments:
Attachment 1 MVRS’s Original 2021/22 Rate Application Dated April 1, 2021 Attachment 2 R3 Revisions to MVRS’s 2021/22 Rate Application
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1
EXHIBIT 3
EXHIBIT 4
EXHIBIT 5
RESOLUTION NO. XX-2021
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING THE 2021 COLLECTION RATE APPLICATION FOR MILL VALLEY REFUSE SERVICE FOR THE PERIOD JULY 1, 2021 THROUGH JUNE 30, 2022
WHEREAS, the Town of Tiburon and Mill Valley Refuse Service (“MVRS”) entered
into a Waste Collection Service Franchise Agreement July 1, 2011 (“Franchise Agreement”); and WHEREAS, MVRS has submitted a Rate Application which includes a general rate
increase of 2.49% for all residential and commercial service; separate rates for Curbside, On-
Premise and On-Premise Plus service which is based on where trash is located on residential or commercial property; an exemption to On-Premise rates for those who qualify due to physical disability or age; and new Commercial Composing Services; and
WHEREAS, the proposed terms and rates are outlined in the attached Exhibit “A”.
WHEREAS, the Town Council held a duly noticed public hearing during its regular meeting on August 4, 2021 to discuss the rate adjustment.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Tiburon that the rate adjustment and the revised residential and commercial terms and conditions, are hereby approved and shall be made an addendum to the Franchise Agreement. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on August 4, 2021 by the following vote:
AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS:
_________________________________ HOLLI THIER, MAYOR
TOWN OF TIBURON
ATTEST: __________________________________
LEA STEFANI, TOWN CLERK
Tiburon Town Council
August 4, 2021
PH-1: MVRS Rate Increase Application
Late Mail
Requests for Copies:
Lea Stefani, lstefani@townoftiburon.org
From:Greg Chanis
To:Lea Stefani
Subject:FW: Tiburon Rate Sheet
Date:Wednesday, August 4, 2021 2:48:23 PM
Attachments:Tiburon Rate Sheet Oct 2021.pdf
Mayor and Council,
Please find attached an item related to the MVRS Rate item. The Resolution we are asking you to
adopt (Exhibit 5 of the staff report) references an Exhibit A, which is the proposed rate sheet for the
year. The agenda packet did not include this exhibit, but it is attached to this email. I would note
that the rates shown in the rate sheet are for a nine month period. This is due to the fact 1st quarter
billing from MVRS has already gone out, with those 1st qtr. Bills still at the prior years rate.
Therefore, any annual increase has to be collected over a 9 month period as opposed to a full year.
Hopefully this makes sense, and I will likely note this tonight in my intro to this item.
Greg
Greg Chanis, Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920 / (415) 435-7383
From:David Barker
To:Lea Stefani
Subject:MVRS Rate increase
Date:Wednesday, August 4, 2021 2:57:47 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Unfortunately I will likely not be able to participate in the discussion of MVRS rate application at the Town Council
meeting this evening. However, I note that the specific rates proposed are not available on the Town’s website.
Appendix A to the resolution is not available on the website. Accordingly I believe that the public has not been
notified in accordance with California law and the discussion should be continued to a subsequent meeting.
David Barker
Sent from my iPad
TOWN OF TIBURON PAGE 1 OF 4
STAFF REPORT
To: Mayor and Members of the Town Council
From: Community Development Department
Subject: Public hearing to consider a recommendation from the Planning Commission to amend subsection 16-52.100 of Section 16-52 of Chapter 16 of Title IV of
the Tiburon Municipal Code and Repealing Subsection (Introduction of an
Ordinance and First Reading) 16-52.105 of Chapter 16 of Title IV of the Tiburon Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units.
Reviewed By:
_________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY To adopt revisions to the Accessory Dwelling Units and Junior Accessory Dwelling Units regulations and repeal Subsection 16-52.105 of Chapter 16 of Title IV o the Tiburon Municipal Code regarding
Accessory Dwelling Units and Junior Accessory Dwelling Units as recommended by the Planning Commission. RECOMMENDED ACTION(S) 1. Move to read by title only and introduce the ordinance waiving further reading. 2. Hold a roll call vote on the introduction.
BACKGROUND
The California Legislature passed five (5) bills in 2019 that have substantive effects on the existing
regulatory framework for accessory dwelling units and junior accessory dwelling units. All five bills, specifically, AB 68, SB 13, AB 881, AB 587, and AB 670 were signed by the Governor in October 2019 and went into effect on January 1, 2020. Cities and counties throughout the State have amended their zoning ordinances in response to the new laws. The general purpose of the legislation was to
provide additional opportunities for affordable housing in California. Prior to 2003, secondary dwelling unit applications were subject to a conditional use permit process in the Town of Tiburon. In 2016, three bills were signed by the governor to require secondary dwelling units to be called “accessory dwelling units” (ADU). In Town regulations, such units are defined
generally as independent, self-contained dwelling units, which may be attached or detached from a primary unit and may be constructed in single-family residential zones and/or in multi-family
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: PH-2
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 4
residential zones subject to local discretion. ADUs are strongly encouraged and facilitated by the state and are supported by the Town through General Plan policies. On February 19, 2020, the Town Council adopted Ordinance 587 amending the Municipal Code
regarding accessory dwelling units. Since adoption of the Town’s Accessory Dwelling Unit
Ordinance, staff has processed several permits, discussed development potential with applicants and determined the existing ordinance required amendments to provide clarity regarding the process and to arrange the existing ordinance in a manner which is easily understood.
On April 12, 2021, May 12, 2021, and June 9, 2021, the Planning Commission held public hearings to
discuss the proposed changes to the existing ordinance and receive public testimony. On June 9, 2021, the Planning Commission recommended to the Town Council an amended ordinance that included additional definitions, reorganization of the existing document and a proposed change to increase the allowable square footage for an accessory dwelling unit from a maximum of 1,000 square feet to 1,200
square feet. ANALYSIS Senate Bill 13, Assembly Bill 881 and Assembly Bill 68 regarding accessory dwellings units
review and approval process that all ADUs and JADUs must be reviewed ministerially and time
to act on a permit application from the local jurisdiction is 60 days for an application to be deemed complete, where the current law provides for 120 days. The state legislation requires substantive revisions to the Town’s regulations governing accessing dwelling units, including new and modified definitions and clarifications of review and timelines for actions. The standards
which currently apply to accessory dwelling units in the Town were adopted in February 2020 by
the Town Council. Since, the adoption of the ordinance in February 2020, staff has applied the new regulations while reviewing new applications for accessory dwelling units, and found a few inconsistencies, as well
missing definitions, and a need to reorganize the ordinance for ease of use. Many of the changes
were somewhat minor but necessary so that the public can easily understand the guidelines and process for review and approval during the ministerial review of the project. Staff reorganized the ordinance made some changes to the text and added definitions to begin the public review process.
On April 12, 2021, May 12, 2021, and June 9, 2021, the Planning Commission held public hearings to discuss the proposed changes to the existing Ordinance. The Commission identified concerns regarding the size of the allowable accessary dwelling units and after much discussion the Commission amended the maximum square footage of an accessory dwelling unit to 1,200
square feet, previously the maximum was 1,000 Square feet. The Commission reviewed the
remainder of the proposed changes to the organization of the document and the definitions and unanimously approved the remainder of the document except for the change to maximum allowable square footage of an accessory dwelling unit. The Planning Commission Resolution is provided as Exhibit 1. The draft resolution and Accessory Dwelling Unit Ordinance is provided
as Exhibit 2.
Since the Planning Commission hearing, staff has had several submittals for accessory dwelling units on properties located with a Precise Plan Area or within a Residential Planned Development
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 3 OF 4
and have found that many of these areas do not have specific standards for front yard setbacks. The main residence is permitted within the primary building envelope, there are no standards associated with setbacks within the building envelope and or outside of the that envelope. Although this was not part of the Planning Commission recommendation, staff requests review
and inclusion of this minor change to add language to the document specifying front setbacks for
accessory dwelling units within these development areas so that we can approve these units as required. Staff has proposed new language which can be found in Table 3, entitled Minimum Property Line Setback. The proposed language will be applied only within areas where no front setback is documented. The new language will state the following: “ In the case of an ADU
within a Precise Plan Area or Residential Planned Development where no front setback
is prescribed, the setback shall be an average of the two adjacent lots.”. FINANCIAL IMPACT
Staff anticipates that there will be no fiscal impact resulting from adoption of the Ordinance.
CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon.
ENVIRONMENTAL REVIEW Staff has preliminarily determined the proposed amendments to the Municipal Code are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section
15061(b)(3), general rule, which applies to any action where can be seen with certainty that there
is no possibility that the project may have a significant effect on the environment. Therefore, no further environmental review is necessary.
RECOMMENDATION
Staff recommends that the Town Council: 1. Hold a public hearing and consider all testimony
2. Make revisions as appropriate
3. Waive first reading of the Ordinance and Read by Title only and approve the Ordinance Exhibits
1. Planning Commission resolution recommending the proposed zoning amendment
2. Draft Town Council resolution 3. Existing ADU Ordinance 4. Planning Commission Packet June 9, 2021
Prepared By: Dina Tasini, Director of Community Development
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 4 OF 4
EXHIBIT 1
1
Exhibit 1
PLANNING COMMISSION Draft Resolution No. 2021-xxx June 9, 2021
TOWN OF TIBURON PLANNING COMMISSION
(DRAFT) RESOLUTION NO. 2021-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING SUBSECTION 16-52.100 OF SECTION 16-52 OF CHAPTER 16 OF
TITLE IV OF THE TIBURON MUNICIPAL CODE AND REPEALING
SUBSECTION 16-52.105 OF SECTION 16-52 OF CHAPTER 16 OF TITLE IV OF
THE TIBURON MUNICIPAL CODE REGARDING ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS
WHEREAS, in October 2019, the Governor signed a trio of bills amending
Government Code sections 65852.2 and 65852.22 regarding Accessory Dwelling Units and
Junior Accessory Dwelling Units; and
WHEREAS the new State Accessory Dwelling Unit laws become effective on
January 1, 2020; and
WHEREAS the Planning Commission held a duly noticed public hearing on
December 9, 2019; and
WHEREAS, on December 9, 2019, the Planning Commission reviewed the draft
ordinance, recommended changes, determined that that amendments were exempt from
CEQA, and adopted a resolution recommending the draft ordinance with changes to the
Town Council.
WHEREAS, the Town Council held a duly noticed public hearing on January 15,
2020, regarding the Planning Commission's recommendation to revise the ordinance for
the review. approval, denial and development of Accessory Dwelling Units and Junior
Accessory Dwelling Units; and
WHEREAS, on February 19, 2020 the Accessory Dwelling Unit and Junior Accessory
Dwelling Unit ordinance was placed on the consent calendar and adopted by the Town
Council; and
WHEREAS, the Accessory Dwelling Unit and Junior Accessory Dwelling Unit
ordinance went into effect and was incorporated as Subsection 16-52.100 of the Municipal
Code; and
WHEREAS, the State Accessory Dwelling Unit laws were further updated and become
effective on January 1, 2021. To provide clarity on the streamlined review process for
Accessory Dwelling Units and Junior Accessory Dwelling Units, an updated ordinance was
prepared with recommended changes to comply with the State Accessory Dwelling Unit
laws; and
2
Exhibit 1
PLANNING COMMISSION Draft Resolution No. 2021-xxx June 9, 2021
WHEREAS, the Planning Commission held a duly noticed and advertised public
meeting on April 14, 2021 at which testimony was received from the public, and the
Planning Commission reviewed and considered the draft ordinance, recommended
revisions, and staff was directed to return with an amended draft to the updated ordinance;
and
WHEREAS, the Planning Commission held a duly noticed and advertised public
meeting on May 12, 2021, at which testimony was received from the public, and the
Planning Commission reviewed and considered the draft ordinance, recommended
revisions, and staff was directed to return with an amended draft to the updated ordinance;
and
WHEREAS, on June 9, 2021, the Planning Commission held a public hearing and
reviewed the updated ordinance, made the required findings, determined that those
amendments were exempt from CEQA, and adopted a resolution recommending the draft
ordinance with changes to the Town Council.
NOW. THEREFORE, BE IT RESOLVED THAT
Section 1. Findings
Pursuant to Tiburon Municipal Code 16-68.050(A), the Planning Commission finds
that that the proposed amendment is consistent with the requirements of Tiburon
Municipal Code, general plan and other applicable plans of the town, and the
proposed amendment will not be detrimental to the public health, safety, or welfare
of the town.
Section 2. Recommendation
The Planning Commission hereby recommends that the Tiburon Town Council
approve the proposed amendment to the Zoning Ordinance and repeal Subsection
16-52.100 of the Municipal Code in its entirety and adopt a new subsection 16-
52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code, as set
forth in Exhibit A, attached hereto and incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on June 9, 2021, by the following vote:
AYES: BOARDMEMBERS: NOES: BOARDMEMBERS:
3
Exhibit 1
PLANNING COMMISSION Draft Resolution No. 2021-xxx June 9, 2021
ABSENT: BOARDMEMBERS:
ABSTAIN: BOARDMEMBERS: _______________________________ KATHLEEN DEFEVER, CHAIR PLANNING COMMISSION ATTEST:
______________________________ DINA TASINI, SECRETARY
1 1
Exhibit 1
Draft Resolution No. 2021-xxx June 9, 2021
Exhibit A Proposed Ordinance Chapter 16-52.100- Accessory Dwelling Unit
This purpose of this chapter is to provide for the creation of Accessory Dwelling Units
(“unit”) and Junior Accessory Dwelling Units in a manner consistent with State law. The
purpose for the Town of Tiburon is to expand the opportunity to provide a variety of housing
opportunities, while still preserving the character of the Town.
A. Definitions
1. “Accessory Dwelling Unit” (“ADU”) shall mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing dwelling. It shall include permanent
provision for living sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is or will be situated
2. “Junior Accessory Dwelling Unit” (“JADU”) shall mean a unit that is no more than 500
square feet in size and contained entirely within an existing single-family structure. A
Junior Accessory Dwelling Unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A Junior Accessory Dwelling Unit must include an efficiency kitchen with a sink, cooking facility with appliances that do not require electrical service greater than 120 volts, and a food preparation area that is of
reasonable size in relation to the size of the unit. The Junior Accessory Dwelling Unit
must include a separate entrance from the main entrance to the structure. The Junior Accessory Dwelling Unit may include an interior entrance connecting the Junior Accessory Dwelling Unit and the primary dwelling unit. The interior entrance may include a second interior doorway for sound attenuation.
3. “Internal Accessory Dwelling Unit” means an Accessory Dwelling Unit that is contained within the existing space of a single-family residence or accessory structure, has independent exterior access, and does not add any floor area to an existing structure.
4. “Attached Accessory Dwelling Unit” means an Accessory Dwelling Unit that shares a
common wall with the primary dwelling unit on the lot, either by being constructed as a physical expansion (i.e., addition) of the primary dwelling unit, conversion of an existing garage attached to the primary dwelling, or installation of a new basement underneath an existing primary dwelling unit.
5. “Detached Accessory Dwelling Unit” means an Accessory Dwelling Unit that is constructed as a separate structure from the primary dwelling unit on the lot or is created by the conversion (full or partial) of an existing detached accessory building into an
Accessory Dwelling Unit.
B. Accessory Dwelling Units
B.1 Administration.
This section provides for the establishment and reasonable regulation of Accessory
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Exhibit 1
Draft Resolution No. 2021-xxx June 9, 2021
Dwelling Units in order to encourage housing opportunities for all segments of the population while ensuring the public health safety and welfare of the town.
1. Application and fee. Applications for an Accessory Dwelling Unit shall be processed ministerially and shall be accompanied by the appropriate fee. Accessory Dwelling Unit
shall be permitted through issuance of a building permit.
2. Accessory Dwelling Units and Junior Accessory Dwelling Units are permitted on lots zoned to allow single-family or multi family dwelling residential use.
3. Director of community development as review authority. Building permit applications for Accessory Dwelling Units shall be acted upon by the director ministerially without discretionary review or a public hearing. The permit shall be reviewed and approved through the Building Division. The building permit application shall be acted upon within
60 days from receipt of a completed application and if not acted upon within that timeline
the application shall be deemed approved. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A courtesy notice shall be provided to owners of property within one hundred feet of the subject property, as set forth on equalized county tax assessment rolls, at least ten days prior to a decision by the
director.
4. Approved existing Accessory Dwelling Units remain valid. Any secondary dwelling unit legally established with an approved conditional use permit prior to July 1, 2003, and in continued existence shall be deemed a legal, conforming dwelling unit. Secondary
dwelling units established by any such conditional use permit shall continue to comply
with all conditions of original permit approval, and with building code for secondary dwelling units in effect at the time of permit approval. The Town shall not require the correction of any nonconforming zoning condition as a condition of approval for an Accessory Dwelling Unit.
5. Expiration. Accessory Dwelling Unit permits issued in compliance with this section shall expire and become null and void 18 months after building permit issuance unless a certificate of occupancy has been issued by the building division or extension of the existing building have been granted through the building division.
6. Periodic update. The director shall maintain a record of all legal Accessory Dwelling Units and all legal secondary dwelling units and shall review and update the record every two years.
7. Violations considered an infraction. Violations of this section shall be punished as infractions or by administrative citation, in the discretion of the director and shall be subject to the provisions of section 16-56.030 (violations and penalties) and/or Chapter 31 (enforcement of code).
8. Administrative Review. The decision of the director granting or denying an Accessory Dwelling Unit permit is a ministerial decision as required by state law, and not subject to a public hearing.
9. Density. Pursuant to California Government Code Section 68552.2, no Accessory Dwelling Unit approved under these provisions shall be considered in calculating the density of the lot allowed by the land use designation contained in the land use element of the Tiburon General Plan, and Accessory Dwelling Units are deemed a residential use that is consistent with the existing general plan and zoning for the lot.
3 3
Exhibit 1
Draft Resolution No. 2021-xxx June 9, 2021
B.2 Development Standards.
1. Rental. The Accessory Dwelling Unit may be rented separate from the Primary Unit but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. The Accessory Dwelling Unit may not be sold separately from the Primary Unit.
2. Location on Lot. The Accessory Dwelling Unit shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing
primary dwelling and located on the same lot as the proposed or existing primary
dwelling. If detached, the Accessory Dwelling Unit shall be separated from the Primary Unit and any Detached Accessory Building by a minimum of six (6) feet, or as may otherwise be required by the building code.
3. Guaranteed Allowance. All standards related to size, limits on lot coverage, floor
area ratio, open space and/or minimum lot size that apply to an Accessory Dwelling Unit shall not prohibit an Accessory Dwelling Unit measuring 800 square feet of floor area or less, a height of 16 feet or less, and four-foot side and rear yard setbacks, provided the Accessory Dwelling Unit complies with all other applicable standards.
For an Accessory Dwelling Unit that exceeds these standards, the architectural compatibility objective design standards outlined in the subsequent sections shall be applied.
4. Size – Attached ADUs. The total floor area of an attached Accessory Dwelling Unit
shall be as follows:
Table 1: Attached ADU Floor Area
ADU Type ADU Floor Area
One bedroom or less A maximum of 850 sq. ft. or 50% of the primary dwelling unit, whichever is less
More than one bedroom
A maximum of 1,000 sq. ft or 50% of the primary dwelling unit, whichever is less
5. Size – Detached ADUs. The total floor area of detached Accessory Dwelling Units shall be as follows: Table 2: Detached ADU Floor Area
ADU Type ADU Floor Area
One bedroom or less 850 sq. ft. maximum
More than one bedroom 1,000 sq. ft maximum
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Exhibit 1
Draft Resolution No. 2021-xxx June 9, 2021
6. For Accessory Dwelling Units which exceed the maximum size limitations set forth
in Table 1 or Table 2, Site Plan and Architectural Review will be required as well as a building permit, if approved. As part of this review, the ADU shall comply with all regulations set forth within the land use designation.
7. Setback. Minimum setbacks of Accessory Dwelling Units shall be as follows:
Table 3. Minimum Property Line setback
8. Side yard setback and height will be verified by a licensed surveyor.
9. Setback exceptions. No Setback shall be required for a lawfully constructed garage in existence prior to January 1, 2017 that is converted in whole or part to an Accessory Dwelling Unit.
10. Height. One story Accessory Dwelling Units shall have a height limit of 16 feet or no taller than the primary residence at the area of attachment and in no case greater than 30 feet. Accessory Dwelling Units may be two stories and no greater in height than 30 feet.
11. Historic Structures. No demolition of a historic building (Local, State, or Federal Listing) is allowed as part of the construction of an Accessory Dwelling Unit.
12. Parking.
a. One off-street parking space per Accessory Dwelling Unit shall be
required, unless parking exceptions as set forth in section (B) 13 of this
Section apply.
Property Line ADU Type
Attached and Detached Internal
Front
Same as applicable zone to the primary dwelling unit.
In the case of an ADU within a Precise Plan Area or Residential Planned
Development A where no
front setback is prescribed, the setback shall be an average of the two adjacent lots.
None required
Side/Rear 4 ft.*
*No setback shall be required for an existing living area or accessory structure or a structure
constructed in the same location and to the same dimensions as an existing structure that is
converted to an Accessory Dwelling Unit or to a portion of an Accessory Dwelling Unit.
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Exhibit 1
Draft Resolution No. 2021-xxx June 9, 2021
b. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an Accessory Dwelling Unit or
converted to an Accessory Dwelling Unit, those off-street parking
spaces need not be replaced. These spaces may be provided as tandem
parking on a driveway.
13. Parking exceptions. No parking shall be required of an Accessory Dwelling Unit in any of the following instances: a. The Accessory Dwelling Unit is located within one-half mile walking
distance of public transit, as measured along path of travel.
b. The Accessory Dwelling Unit is located within an architecturally and
historically significant historic district.
c. The Accessory Dwelling Unit is part of the proposed or existing primary
residence or an accessory structure, including the conversion of existing
garage or carport.
d. When on-street parking permits are required but not offered to the occupant
of the Accessory Dwelling Unit.
e. When there is a car share vehicle located within one block of the Accessory
Dwelling Unit. "Car share vehicle" shall mean a fixed location identified in
a map available to the general public where at least one automobile is
available daily for immediate use by the general public or members of a car
share service, which vehicle may be reserved for use and accessed at any
time through an automated application, kiosk, or other method not requiring
a live attendant. This term shall not include vehicles returned to locations
other than fixed locations where automobiles are not routinely available for
immediate use.
14. Fire Sprinklers. Fire sprinklers are not required in an Accessory Dwelling Unit if they are not required of the primary dwelling unit. Fire safety equipment such as smoke detectors may be required.
15. Architectural Compatibility. The Accessory Dwelling Unit shall comply with the following objective architectural standards. a. Color and Materials. The color and materials of the Accessory Dwelling Unit shall match the Primary Unit.
b. Lighting. Lighting shall be shielded and/or directed such that it does not
produce glare visible from off-site or illuminate adjacent or nearby property.
c. The Accessory Dwelling Unit shall be located at least 10 feet from the top
of any creek bank that exists on the lot of the proposed Accessory Dwelling
Unit. The top of creek bank shall be defined by a licensed civil engineer.
d. The Accessory Dwelling Unit shall have a permanent full kitchen with a
sink, refrigerator, and stove/oven. Only one kitchen is allowed per
Accessory Dwelling Unit.
e. No exterior lights are allowed except two shielded downward pointing lights
at the entry to the Accessory Dwelling Unit.
f. No windows facing the rear and side property lines are allowed when located
6 6
Exhibit 1
Draft Resolution No. 2021-xxx June 9, 2021
less than 6 feet from the rear or side property line.
g. No entryways are allowed within 10 feet of a side or rear property line.
h. The Accessory Dwelling Unit is not allowed on any open space easement.
A title report shall be provided to identify all open-space easements.
i. The Accessory Dwelling Unit shall not have any reflective roof or building
material.
j. The roof color of the Accessory Dwelling Unit shall use similar roof
materials and color as the primary dwelling unit.
k. No vents, flues, or appurtenances shall exceed the height limit.
l. No signs are allowed on Accessory Dwelling Unit except an address sign.
m. No portico, trellis or other roof is allowed as part of the Accessory Dwelling
Unit. A 5x5 foot entryway roof is allowed but must be at least 10 feet from
any property line.
n. All Building Code requirements, including Appendix Q of the 2019
Residential Code (Tiny Houses) shall apply to all Accessory Dwelling
Units.
o. The Accessory Dwelling Unit shall not include any other item that would
require discretionary approval, including but not limited to an exterior
shower, exterior sink, pool, BBQ, spa, fence, and/or piping stub outs to the
exterior.
p. Two trees shall be planted at each proposed window of the Accessory
Dwelling Unit facing a neighboring property where such trees are consistent
with the Fire Code.
16. Any protected tree to be removed as part of a new Accessory Dwelling Unit shall
require a tree removal permit.
17. Fire District Regulations. The Accessory Dwelling Unit shall comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2.
18. Sanitary Service. Adequate sanitary service capacity for the additional increment of effluent resulting from the Accessory Dwelling Unit shall be available. If the lot is connected to the public sewer system, the applicant shall submit a letter from the
appropriate Sanitary District to that effect. If the lot is not connected to the public
sewer system, the applicant shall submit a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed Accessory Dwelling Unit.
19. Separate Utility Connection. New and separate utility connections shall be required directly between the Accessory Dwelling Unit and the utility. Consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed
Accessory Dwelling Unit, based upon either its square feet or the number of its
drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the
7 7
Exhibit 1
Draft Resolution No. 2021-xxx June 9, 2021
reasonable cost of providing this service,
20. Premises identification. Any town-assigned street address number for the Accessory
Dwelling Unit shall be plainly visible and legible from the street fronting the property as required by the applicable building code.
21. Exterior Access and Passageways.
a. Internal Dwelling Units. Internal Accessory Dwelling Units shall have
independent exterior access separate from the primary dwelling.
b. Attached Accessory Dwelling Units. Independent exterior access separate
from the primary dwelling is required. No internal connection is permitted
for attached Accessory Dwelling Units. Exterior access may not encroach
into required setbacks.
c. No passageway shall be required in conjunction with the construction of an
Accessory Dwelling Unit.
C. Junior Accessory Dwelling Units
C.1 Administration.
This section provides for the establishment and reasonable regulation of Junior Accessory
Dwelling Units in order to encourage housing opportunities for all segments of the population while ensuring the public health, safety, and welfare.
1. Building permit required. No Junior Accessory Dwelling Unit shall be established or used unless a building permit has been issued by the town.
2. Director of community development as review authority. Applications for Junior
Accessory Dwelling Unit permits shall be acted upon by the director without discretionary review or a public hearing. The Director shall act on the application within 60 days from receipt of a completed application if there is an existing single-family or multifamily dwelling on the lot. If the application is submitted with a permit
application to create a new single-family dwelling on the lot, the Director may delay
acting on the application for the Accessory Dwelling Unit until the Town acts on the permit application to create the new single-family dwelling, but the application to create the Accessory Dwelling Unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60- day time period shall be tolled
for the period of the delay.
3. Grant of Junior Accessory Dwelling Unit permit. In order to grant a Junior Accessory Dwelling Unit permit, the Director shall find that the Junior Accessory Dwelling Unit would comply with the standards set forth in subsection C (2) of this section.
4. Building permits. A building permit and a certificate of occupancy shall be required in conjunction with the installation of a Junior Accessory Dwelling Unit. Any repair, rehabilitation, or other work associated with the installation of the Junior Accessory
Dwelling Unit shall also obtain building permits where required by law.
5. Expiration. Junior Accessory Dwelling Unit permits issued in compliance with this section shall expire and become null and void 18 months after building permit issuance
8 8
Exhibit 1
Draft Resolution No. 2021-xxx June 9, 2021
unless a certificate of occupancy has been issued by the building division or extension of the existing building have been granted through the building division.
6. Periodic update. The director shall maintain a record of all authorized Junior Accessory Dwelling Units and shall review and update the record every two years.
At the review, the owner of record shall verify in writing under penalty of perjury that the Junior Accessory Dwelling Unit is in compliance with the standards for Junior Accessory Dwelling Units and with all operating requirements of the permit as set forth in applicable ordinances and regulations.
C.2 Development Standards.
1. Maximum Size. Junior Accessory Dwelling Units shall be no greater than 500 square feet in size and contained entirely within a single-family residence.
2. Owner Occupancy. One of the dwelling units on the site (either the Primary Unit or the Junior Accessory Dwelling Unit) shall be owner-occupied. For purposes of this standard, "owner" is defined as a person or entity with a majority (i.e., fifty-one percent or greater) interest in the property. Property owned in joint tenancy shall be considered a single ownership for any party named. Property
owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest.
3. Junior Accessory Dwelling Units shall not be sold separately. A prohibition on the sale
of the Junior Accessory Dwelling Unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
4. Rental. The Junior Accessory Dwelling Unit may be rented separate from the Primary
Unit but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. The Junior Accessory Dwelling Unit may not be sold separately from the Primary Unit.
5. Location. No more than one Junior Accessory Dwelling Unit is permitted on a residential lot within an existing single-family structure. No setbacks apply to Internal/Junior Accessory Dwelling Units.
6. Size. Maximum floor area allowed is 500 square feet.
7. Architectural Compatibility. The Junior Accessory Dwelling Unit shall comply with the following objective design standards: a. All Building Code requirements, including Appendix Q of the 2019
Residential Code (Tiny Houses) shall apply to all Junior Accessory
Dwelling Units.
b. The Junior Accessory Dwelling Unit shall have a permanent efficiency
kitchen as defined in A (2). Only one kitchen is allowed per Junior
Accessory Dwelling Unit.
c. A Junior Accessory Dwelling Unit may include separate sanitation facilities
or may share sanitation facilities with the existing structure.
d. No portico, trellis or other roof is allowed as part of the Junior Accessory
9 9
Exhibit 1
Draft Resolution No. 2021-xxx June 9, 2021
Dwelling Unit.
e. The Junior Accessory Dwelling Unit shall not include any other item
that would require discretionary approval, including but not limited to
an exterior shower, exterior sink, pool, BBQ, spa, fence, and/or piping
stub outs to the exterior.
f. No signs are allowed on Junior Accessory Dwelling Unit except an
address sign.
8. Fire Sprinklers. Fire sprinklers are not required in a Junior Accessory Dwelling Unit if they are not required of the primary dwelling unit. Fire safety equipment
such as smoke detectors may be required.
9. Exterior Access and Passageways. Junior Accessory Dwelling Units shall have independent exterior access separate from the primary dwelling.
D. Accessory Dwelling Units Subject to Limited Standards.
The City shall ministerially approve an application for a building permit within a residential or mixed-use district to create the following types of Accessory Dwelling Units. The City shall only permit one type of the following Accessory Dwelling Units per lot. For each type of Accessory Dwelling Unit, the City shall require compliance only with the development standards in this subjection. Standards provided above in
subsections (B) and (C) do not apply to the following types of Accessory Dwelling Units:
1. Internal Accessory Dwelling Units. One Accessory Dwelling Unit or Junior Accessory Dwelling Unit per lot with a proposed or existing single-family dwelling if all of the following apply: a. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit, as such
use is classified in BMC 17.16.080, is within the proposed space of a
single-family dwelling or existing space of a single-
family dwelling or accessory structure and may include an expansion of not
more than 150 square feet beyond the same physical dimensions as the
existing accessory structure. An expansion beyond the physical dimensions
of the existing accessory structure shall be limited to accommodating
ingress and egress.
b. The space has exterior access from the proposed or existing single-
family dwelling.
c. The side and rear setbacks are sufficient for fire and safety.
d. The Junior Accessory Dwelling Unit complies with the requirements of
California Government Code Section 65852.22.
2. Detached Accessory Dwelling Units. One detached, new construction, Accessory Dwelling Unit for a lot with a proposed or existing single-family dwelling. The Accessory Dwelling Unit may be combined with a Junior Accessory Dwelling
Unit described previously in subsection (C), or an Internal Accessory Dwelling Units described in this section. The detached Accessory Dwelling Unit must comply with the
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Exhibit 1
Draft Resolution No. 2021-xxx June 9, 2021
following: a. Maximum floor area: 800 square feet.
b. Maximum height: 16 feet.
c. Minimum rear and side setbacks: four feet.
3. Non-Livable Multifamily Space. Multiple Accessory Dwelling Units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics,
basements, or garages, subject to the following:
a. At least one Accessory Dwelling Unit is allowed within an existing
multifamily dwelling up to maximum of 25 percent of the existing
multifamily dwelling units; and
b. Each Accessory Dwelling Unit shall comply with building code standards
for dwellings.
4. Detached Accessory Dwelling Units on Multifamily Lots. In the event an Accessory
Dwelling Unit is proposed on a lot that has an existing multifamily dwelling but is detached from that multifamily dwelling, no more than two Accessory Dwelling Units are permitted. The Accessory Dwelling Units, are subject to the following: a. Maximum height: 16 feet.
b. Minimum rear and side setbacks: four feet.
EXHIBIT 2
1
TOWN OF TIBURON
ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING SUBSECTION 16-52.100 OF SECTION 16-52 OF CHAPTER 16 OF
TITLE IV OF THE TIBURON MUNICIPAL CODE AND REPEALING
SUBSECTION 16-52.105 OF SECTION 16-52 OF CHAPTER 16 OF TITLE IV OF
THE TIBURON MUNICIPAL CODE REGARDING ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS
WHEREAS, in October 2019, the Governor signed a trio of bills amending
Government Code sections 65852.2 and 65852.22 regarding Accessory Dwelling Units and
Junior Accessory Dwelling Units; and
WHEREAS the new State Accessory Dwelling Unit laws become effective on
January 1, 2020; and
WHEREAS the Planning Commission held a duly noticed public hearings on April
12, 2021, May 12, 2021 and June 9, 2021; and
WHEREAS, on June 9, 2021, the Planning Commission reviewed the draft
ordinance, recommended changes, determined that that amendments were exempt from
CEQA, and adopted a resolution recommending the draft ordinance with changes to the
Town Council.
WHEREAS, the Town Council held a duly noticed public hearing on August 4,
2021, regarding the Planning Commission's recommendation to revise the ordinance for
the review. approval, denial and development of Accessory Dwelling Units and Junior
Accessory Dwelling Units; and
WHEREAS, on August 18, 2021, the Accessory Dwelling Unit and Junior Accessory
Dwelling Unit ordinance was placed on the consent calendar and adopted by the Town
Council; and
NOW. THEREFORE, the Town Council of the Town of Tiburon does ordain as follows:
Section 1. Findings.
The above recitals are hereby declared to be true and correct findings of the Town Council of the Town of Tiburon. Section 2. Repeal of Subsection 16-52.100 the Municipal Code.
2
Subsection 16-52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code is hereby repealed in its entirety.
Section 3. Adoption of Subsection 16-52.100 the Municipal Code. A new subsection 16-52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code is hereby adopted, as set forth in Exhibit A, attached hereto and incorporated herein by reference.
Section 4. Repeal of Subsection 16-52.105 of the Municipal Code. Section 16-52.105 of the Municipal Code is hereby repealed in its entirety.
Section 5. Compliance with CEQA.
The proposed amendments to the Municipal Code are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), general rule, which applies to any action where can be seen with certainty that there is no possibility that the project may have a
significant effect on the environment. Therefore, no further environmental review is necessary.
Section 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held
invalid, the remainder of the ordinance and the application of such provision to other persons or
circumstances shall not be affected thereby. Section 7. Effective Date and Publication.
This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified
copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk
shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance.
This ordinance was read and introduced at a regular meeting of the Town Council of the Town
of Tiburon, held on August 4, 2021, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on August 18, 2021, by the following vote:
AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
3
______________________________ Holli Thier, MAYOR TOWN OF TIBURON ATTEST: _____________________________________ LEA STEFANI, TOWN CLERK
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ATTACHMENT 1 Proposed Ordinance Chapter 16-52.100- Accessory Dwelling Unit
The purpose of this chapter is to provide for the creation of Accessory Dwelling Units
(“unit”) and Junior Accessory Dwelling Units in a manner consistent with State law. The
purpose for the Town of Tiburon is to expand the opportunity to provide a variety of housing
opportunities, while still preserving the character of the Town.
A. Definitions
1. “Accessory Dwelling Unit” (“ADU”) shall mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing dwelling. It shall include permanent
provision for living sleeping, eating, cooking, and sanitation on the same parcel as the
single-family dwelling is or will be situated
2. “Junior Accessory Dwelling Unit” (“JADU”) shall mean a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A
Junior Accessory Dwelling Unit may include separate sanitation facilities or may share
sanitation facilities with the existing structure. A Junior Accessory Dwelling Unit must include an efficiency kitchen with a sink, cooking facility with appliances that do not require electrical service greater than 120 volts, and a food preparation area that is of reasonable size in relation to the size of the unit. The Junior Accessory Dwelling Unit
must include a separate entrance from the main entrance to the structure. The Junior
Accessory Dwelling Unit may include an interior entrance connecting the Junior Accessory Dwelling Unit and the primary dwelling unit. The interior entrance may include a second interior doorway for sound attenuation.
3. “Internal Accessory Dwelling Unit” means an Accessory Dwelling Unit that is contained within the existing space of a single-family residence or accessory structure, has independent exterior access, and does not add any floor area to an existing structure.
4. “Attached Accessory Dwelling Unit” means an Accessory Dwelling Unit that shares a
common wall with the primary dwelling unit on the lot, either by being constructed as a physical expansion (i.e., addition) of the primary dwelling unit, conversion of an existing garage attached to the primary dwelling, or installation of a new basement underneath an existing primary dwelling unit.
5. “Detached Accessory Dwelling Unit” means an Accessory Dwelling Unit that is constructed as a separate structure from the primary dwelling unit on the lot or is created by the conversion (full or partial) of an existing detached accessory building into an Accessory Dwelling Unit.
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B. Accessory Dwelling Units
B.1 Administration.
This section provides for the establishment and reasonable regulation of Accessory
Dwelling Units in order to encourage housing opportunities for all segments of the population while ensuring the public health safety and welfare of the town.
1. Application and fee. Applications for an Accessory Dwelling Unit shall be processed ministerially and shall be accompanied by the appropriate fee. Accessory Dwelling Unit shall be permitted through issuance of a building permit.
2. Accessory Dwelling Units and Junior Accessory Dwelling Units are permitted on lots zoned to allow single-family or multi family dwelling residential use.
3. Director of community development as review authority. Building permit applications
for Accessory Dwelling Units shall be acted upon by the director ministerially without
discretionary review or a public hearing. The permit shall be reviewed and approved through the Building Division. The building permit application shall be acted upon within 60 days from receipt of a completed application and if not acted upon within that timeline the application shall be deemed approved. If the applicant requests a delay, the 60-day
time period shall be tolled for the period of the delay. A courtesy notice shall be provided
to owners of property within one hundred feet of the subject property, as set forth on equalized county tax assessment rolls, at least ten days prior to a decision by the director.
4. Approved existing Accessory Dwelling Units remain valid. Any secondary dwelling unit
legally established with an approved conditional use permit prior to July 1, 2003, and in continued existence shall be deemed a legal, conforming dwelling unit. Secondary dwelling units established by any such conditional use permit shall continue to comply with all conditions of original permit approval, and with building code for secondary
dwelling units in effect at the time of permit approval. The Town shall not require the
correction of any nonconforming zoning condition as a condition of approval for an Accessory Dwelling Unit.
5. Expiration. Accessory Dwelling Unit permits issued in compliance with this section shall
expire and become null and void 18 months after building permit issuance unless a
certificate of occupancy has been issued by the building division or extension of the existing building have been granted through the building division.
6. Periodic update. The director shall maintain a record of all legal Accessory Dwelling
Units and all legal secondary dwelling units and shall review and update the record every two years.
7. Violations considered an infraction. Violations of this section shall be punished as
infractions or by administrative citation, in the discretion of the director and shall be
subject to the provisions of section 16-56.030 (violations and penalties) and/or Chapter 31 (enforcement of code).
8. Administrative Review. The decision of the director granting or denying an Accessory
Dwelling Unit permit is a ministerial decision as required by state law, and not subject to
a public hearing.
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9. Density. Pursuant to California Government Code Section 68552.2, no Accessory Dwelling Unit approved under these provisions shall be considered in calculating the
density of the lot allowed by the land use designation contained in the land use element
of the Tiburon General Plan, and Accessory Dwelling Units are deemed a residential use that is consistent with the existing general plan and zoning for the lot.
B.2 Development Standards.
1. Rental. The Accessory Dwelling Unit may be rented separate from the Primary Unit but
may not be rented for a period of less than 30 consecutive days or used as a Vacation
Rental. The Accessory Dwelling Unit may not be sold separately from the Primary Unit.
2. Location on Lot. The Accessory Dwelling Unit shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage
areas or similar uses, or an accessory structure or detached from the proposed or existing
primary dwelling and located on the same lot as the proposed or existing primary dwelling. If detached, the Accessory Dwelling Unit shall be separated from the Primary Unit and any Detached Accessory Building by a minimum of six (6) feet, or as may otherwise be required by the building code.
3. Guaranteed Allowance. All standards related to size, limits on lot coverage, floor area ratio, open space and/or minimum lot size that apply to an Accessory Dwelling Unit shall not prohibit an Accessory Dwelling Unit measuring 800 square feet of floor area or less, a height of 16 feet or less, and four-foot side and rear yard setbacks,
provided the Accessory Dwelling Unit complies with all other applicable standards.
For an Accessory Dwelling Unit that exceeds these standards, the architectural compatibility objective design standards outlined in the subsequent sections shall be applied.
4. Size – Attached ADUs. The total floor area of an attached Accessory Dwelling Unit shall be as follows:
Table 1: Attached ADU Floor Area
ADU Type ADU Floor Area
One bedroom or less A maximum of 850 sq. ft. or 50% of the primary dwelling unit, whichever is less
More than one bedroom
A maximum of 1,200 sq. ft or 50% of the primary dwelling unit, whichever is less
5. Size – Detached ADUs. The total floor area of detached Accessory Dwelling Units
shall be as follows:
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Table 2: Detached ADU Floor Area
ADU Type ADU Floor Area
One bedroom or less 850 sq. ft. maximum
More than one bedroom 1,200 sq. ft maximum
6. For Accessory Dwelling Units which exceed the maximum size limitations set forth in Table 1 or Table 2, Site Plan and Architectural Review will be required as well as a building permit, if approved. As part of this review, the ADU shall comply with all
regulations set forth within the land use designation.
7. Setback. Minimum setbacks of Accessory Dwelling Units shall be as follows: Table 3. Minimum Property Line setback
8. Side yard setback and height will be verified by a licensed surveyor.
9. Setback exceptions. No Setback shall be required for a lawfully constructed garage
in existence prior to January 1, 2017 that is converted in whole or part to an
Accessory Dwelling Unit.
10. Height. One story Accessory Dwelling Units shall have a height limit of 16 feet or no taller than the primary residence at the area of attachment and in no case greater
than 30 feet. Accessory Dwelling Units may be two stories and no greater in height
Property Line ADU Type
Attached and Detached Internal
Front
Same as applicable zone to
the primary dwelling unit.
In the case of an ADU within
a Precise Plan Area or
Residential Planned Development A where no front setback is prescribed, the setback shall be an
average of the two adjacent
lots.
None required
Side/Rear 4 ft.*
*No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an Accessory Dwelling Unit or to a portion of an Accessory Dwelling Unit.
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than 30 feet.
11. Historic Structures. No demolition of a historic building (Local, State, or Federal
Listing) is allowed as part of the construction of an Accessory Dwelling Unit.
12. Parking. a. One off-street parking space per Accessory Dwelling Unit shall be
required, unless parking exceptions as set forth in section (B) 13 of this
Section apply.
b. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an Accessory Dwelling Unit or
converted to an Accessory Dwelling Unit, those off-street parking
spaces need not be replaced. These spaces may be provided as tandem
parking on a driveway.
13. Parking exceptions. No parking shall be required of an Accessory Dwelling Unit in any of the following instances:
a. The Accessory Dwelling Unit is located within one-half mile walking
distance of public transit, as measured along path of travel.
b. The Accessory Dwelling Unit is located within an architecturally and
historically significant historic district.
c. The Accessory Dwelling Unit is part of the proposed or existing primary
residence or an accessory structure, including the conversion of existing
garage or carport.
d. When on-street parking permits are required but not offered to the occupant
of the Accessory Dwelling Unit.
e. When there is a car share vehicle located within one block of the Accessory
Dwelling Unit. "Car share vehicle" shall mean a fixed location identified in
a map available to the general public where at least one automobile is
available daily for immediate use by the general public or members of a car
share service, which vehicle may be reserved for use and accessed at any
time through an automated application, kiosk, or other method not requiring
a live attendant. This term shall not include vehicles returned to locations
other than fixed locations where automobiles are not routinely available for
immediate use.
14. Fire Sprinklers. Fire sprinklers are not required in an Accessory Dwelling Unit if they are not required of the primary dwelling unit. Fire safety equipment such as
smoke detectors may be required.
15. Architectural Compatibility. The Accessory Dwelling Unit shall comply with the following objective architectural standards. a. Color and Materials. The color and materials of the Accessory Dwelling Unit
shall match the Primary Unit.
b. Lighting. Lighting shall be shielded and/or directed such that it does not
produce glare visible from off-site or illuminate adjacent or nearby property.
c. The Accessory Dwelling Unit shall be located at least 10 feet from the top
of any creek bank that exists on the lot of the proposed Accessory Dwelling
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Unit. The top of creek bank shall be defined by a licensed civil engineer.
d. The Accessory Dwelling Unit shall have a permanent full kitchen with a
sink, refrigerator, and stove/oven. Only one kitchen is allowed per
Accessory Dwelling Unit.
e. No exterior lights are allowed except two shielded downward pointing lights
at the entry to the Accessory Dwelling Unit.
f. No windows facing the rear and side property lines are allowed when located
less than 6 feet from the rear or side property line.
g. No entryways are allowed within 10 feet of a side or rear property line.
h. The Accessory Dwelling Unit is not allowed on any open space easement.
A title report shall be provided to identify all open-space easements.
i. The Accessory Dwelling Unit shall not have any reflective roof or building
material.
j. The roof color of the Accessory Dwelling Unit shall use similar roof
materials and color as the primary dwelling unit.
k. No vents, flues, or appurtenances shall exceed the height limit. l. No signs are allowed on Accessory Dwelling Unit except an address sign.
m. No portico, trellis or other roof is allowed as part of the Accessory Dwelling
Unit. A 5x5 foot entryway roof is allowed but must be at least 10 feet from
any property line.
n. All Building Code requirements, including Appendix Q of the 2019
Residential Code (Tiny Houses) shall apply to all Accessory Dwelling
Units.
o. The Accessory Dwelling Unit shall not include any other item that would
require discretionary approval, including but not limited to an exterior
shower, exterior sink, pool, BBQ, spa, fence, and/or piping stub outs to the
exterior.
p. Two trees shall be planted at each proposed window of the Accessory
Dwelling Unit facing a neighboring property where such trees are consistent
with the Fire Code.
16. Any protected tree to be removed as part of a new Accessory Dwelling Unit shall require a tree removal permit.
17. Fire District Regulations. The Accessory Dwelling Unit shall comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2.
18. Sanitary Service. Adequate sanitary service capacity for the additional increment of effluent resulting from the Accessory Dwelling Unit shall be available. If the lot is connected to the public sewer system, the applicant shall submit a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public
sewer system, the applicant shall submit a letter from the County of Marin
Environmental Health Department confirming that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed Accessory Dwelling Unit.
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19. Separate Utility Connection. New and separate utility connections shall be required directly between the Accessory Dwelling Unit and the utility. Consistent with Government Code section 66013, the connection may be subject to a connection fee
or capacity charge that shall be proportionate to the burden of the proposed Accessory Dwelling Unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the
reasonable cost of providing this service,
20. Premises identification. Any town-assigned street address number for the Accessory Dwelling Unit shall be plainly visible and legible from the street fronting the property
as required by the applicable building code.
21. Exterior Access and Passageways.
a. Internal Dwelling Units. Internal Accessory Dwelling Units shall have
independent exterior access separate from the primary dwelling.
b. Attached Accessory Dwelling Units. Independent exterior access separate
from the primary dwelling is required. No internal connection is permitted
for attached Accessory Dwelling Units. Exterior access may not encroach
into required setbacks.
c. No passageway shall be required in conjunction with the construction of an
Accessory Dwelling Unit.
C. Junior Accessory Dwelling Units
C.1 Administration.
This section provides for the establishment and reasonable regulation of Junior Accessory Dwelling Units in order to encourage housing opportunities for all segments of the
population while ensuring the public health, safety, and welfare.
1. Building permit required. No Junior Accessory Dwelling Unit shall be established or
used unless a building permit has been issued by the town.
2. Director of community development as review authority. Applications for Junior Accessory Dwelling Unit permits shall be acted upon by the director without
discretionary review or a public hearing. The Director shall act on the application
within 60 days from receipt of a completed application if there is an existing single-family or multifamily dwelling on the lot. If the application is submitted with a permit application to create a new single-family dwelling on the lot, the Director may delay acting on the application for the Accessory Dwelling Unit until the Town acts on the
permit application to create the new single-family dwelling, but the application to
create the Accessory Dwelling Unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay.
3. Grant of Junior Accessory Dwelling Unit permit. In order to grant a Junior Accessory Dwelling Unit permit, the Director shall find that the Junior Accessory Dwelling Unit
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would comply with the standards set forth in subsection C (2) of this section.
4. Building permits. A building permit and a certificate of occupancy shall be required
in conjunction with the installation of a Junior Accessory Dwelling Unit. Any repair, rehabilitation, or other work associated with the installation of the Junior Accessory Dwelling Unit shall also obtain building permits where required by law.
5. Expiration. Junior Accessory Dwelling Unit permits issued in compliance with this section shall expire and become null and void 18 months after building permit issuance unless a certificate of occupancy has been issued by the building division or extension of the existing building have been granted through the building division.
6. Periodic update. The director shall maintain a record of all authorized Junior Accessory Dwelling Units and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury
that the Junior Accessory Dwelling Unit is in compliance with the standards for Junior Accessory Dwelling Units and with all operating requirements of the permit as set forth in applicable ordinances and regulations.
C.2 Development Standards.
1. Maximum Size. Junior Accessory Dwelling Units shall be no greater than 500 square feet in size and contained entirely within a single-family residence.
2. Owner Occupancy. One of the dwelling units on the site (either the Primary Unit
or the Junior Accessory Dwelling Unit) shall be owner-occupied. For purposes of this standard, "owner" is defined as a person or entity with a majority (i.e., fifty-one percent or greater) interest in the property. Property owned in joint tenancy shall be considered a single ownership for any party named. Property
owned in tenancy in common shall be considered a single ownership for the party
named, unless shares are specified, in which case ownership requires a majority interest.
3. Junior Accessory Dwelling Units shall not be sold separately. A prohibition on the sale
of the Junior Accessory Dwelling Unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
4. Rental. The Junior Accessory Dwelling Unit may be rented separate from the Primary
Unit but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. The Junior Accessory Dwelling Unit may not be sold separately from the Primary Unit.
5. Location. No more than one Junior Accessory Dwelling Unit is permitted on a
residential lot within an existing single-family structure. No setbacks apply to Internal/Junior Accessory Dwelling Units.
6. Size. Maximum floor area allowed is 500 square feet.
7. Architectural Compatibility. The Junior Accessory Dwelling Unit shall comply with the following objective design standards: a. All Building Code requirements, including Appendix Q of the 2019
Residential Code (Tiny Houses) shall apply to all Junior Accessory
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Dwelling Units.
b. The Junior Accessory Dwelling Unit shall have a permanent efficiency
kitchen as defined in A (2). Only one kitchen is allowed per Junior
Accessory Dwelling Unit.
c. A Junior Accessory Dwelling Unit may include separate sanitation facilities
or may share sanitation facilities with the existing structure.
d. No portico, trellis or other roof is allowed as part of the Junior Accessory
Dwelling Unit.
e. The Junior Accessory Dwelling Unit shall not include any other item
that would require discretionary approval, including but not limited to
an exterior shower, exterior sink, pool, BBQ, spa, fence, and/or piping
stub outs to the exterior.
f. No signs are allowed on Junior Accessory Dwelling Unit except an
address sign.
8. Fire Sprinklers. Fire sprinklers are not required in a Junior Accessory Dwelling Unit if they are not required of the primary dwelling unit. Fire safety equipment such as smoke detectors may be required.
9. Exterior Access and Passageways. Junior Accessory Dwelling Units shall have independent exterior access separate from the primary dwelling.
D. Accessory Dwelling Units Subject to Limited Standards.
The City shall ministerially approve an application for a building permit within a residential or mixed-use district to create the following types of Accessory Dwelling
Units. The City shall only permit one type of the following Accessory Dwelling Units per
lot. For each type of Accessory Dwelling Unit, the City shall require compliance only with the development standards in this subjection. Standards provided above in subsections (B) and (C) do not apply to the following types of Accessory Dwelling Units:
1. Internal Accessory Dwelling Units. One Accessory Dwelling Unit or Junior Accessory
Dwelling Unit per lot with a proposed or existing single-family dwelling if all of the
following apply:
a. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit, as such
use is classified in BMC 17.16.080, is within the proposed space of a
single-family dwelling or existing space of a single-
family dwelling or accessory structure and may include an expansion of not
more than 150 square feet beyond the same physical dimensions as the
existing accessory structure. An expansion beyond the physical dimensions
of the existing accessory structure shall be limited to accommodating
ingress and egress.
b. The space has exterior access from the proposed or existing single-
family dwelling.
c. The side and rear setbacks are sufficient for fire and safety.
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d. The Junior Accessory Dwelling Unit complies with the requirements of
California Government Code Section 65852.22.
2. Detached Accessory Dwelling Units. One detached, new construction, Accessory Dwelling Unit for a lot with a proposed or existing single-family dwelling. The Accessory Dwelling Unit may be combined with a Junior Accessory Dwelling
Unit described previously in subsection (C), or an Internal Accessory Dwelling Units
described in this section. The detached Accessory Dwelling Unit must comply with the following: a. Maximum floor area: 800 square feet.
b. Maximum height: 16 feet.
c. Minimum rear and side setbacks: four feet.
3. Non-Livable Multifamily Space. Multiple Accessory Dwelling Units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics,
basements, or garages, subject to the following:
a. At least one Accessory Dwelling Unit is allowed within an existing
multifamily dwelling up to maximum of 25 percent of the existing
multifamily dwelling units; and
b. Each Accessory Dwelling Unit shall comply with building code standards
for dwellings.
4. Detached Accessory Dwelling Units on Multifamily Lots. In the event an Accessory Dwelling Unit is proposed on a lot that has an existing multifamily dwelling but is
detached from that multifamily dwelling, no more than two Accessory Dwelling Units are permitted. The Accessory Dwelling Units, are subject to the following:
a. Maximum height: 16 feet.
b. Minimum rear and side setbacks: four feet.
EXHIBIT 3
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TOWN OF TIBURON
ORDINANCE NO. 587 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING SUBSECTION 16-52.100 OF SECTION 16-52 OF CHAPTER 16 OF TITLE
IV OF THE TIBURON MUNICIPAL CODE AND REPEALING SUBSECTION 16-52.105
OF SECTION 16-52 OF CHAPTER 16 OF TITLE IV OF THE TIBURON MUNICIPAL
CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
WHEREAS, in October 2019, the Governor signed a trio of bills amending Government
Code sections 65852.2 and 65852.22 regarding accessory dwelling units and junior accessory
dwelling units; and
WHEREAS, the new State accessory dwelling unit laws become effective on January 1,
2020; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
9, 2019; and
WHEREAS, the Planning Commission reviewed the draft ordinance, recommended
changes, determined that that amendments were exempt from CEQA, and adopted a resolution
recommending the draft ordinance with changes to the Town Council.
WHEREAS, the Town Council desires to amend the Tiburon Municipal Code to establish
regulations and standards for the review, approval, denial and development of accessory
dwelling units and junior accessory dwelling units which are consistent with the new State
accessory dwelling unit law.
WHEREAS, the Town Council held a duly notice public hearing on January 15, 2020,
regarding the Planning Commission’s recommendation for revise the ordinance for the review,
approval, denial and development of accessory dwelling units and junior accessory dwelling
units.
WHEREAS, the Town Council decided to adopt the recommended ordinance and asked
staff to review Design Standard S requiring two trees at each window and for staff to clarify the
800 sq. ft. guaranteed allowance.
WHEREAS, the accessory dwelling unit and junior accessory dwelling unit Ordinance
was originally scheduled for February 5, 2020; however, this meeting was cancelled due to the
likely lack of quorum.
WHEREAS, the accessory dwelling unit and junior accessory dwelling unit Ordinance
was re-noticed for the February 19, 2020 Town Council meeting.
Exhibit 3
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WHEREAS, the accessory dwelling unit and junior accessory dwelling unit Ordinance
was placed on the consent calendar on February 19, 2020 and adopted by the Town Council.
NOW, THEREFORE, the Town Council of the Town of Tiburon does ordain as follows:
Section 1. Findings.
The above recitals are hereby declared to be true and correct findings of the Town Council of the
Town of Tiburon.
Section 2.Repeal of Subsection 16-52.100 the Municipal Code.
Subsection 16-52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code
is hereby repealed in its entirety.
Section 3. Adoption of Subsection 16-52.100 the Municipal Code.
A new subsection 16-52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal
Code is hereby adopted, as set forth in Exhibit A, attached hereto and incorporated herein by
reference.
Section 4. Repeal of Subsection 16-52.105 of the Municipal Code.
Section 16-52.105 of the Municipal Code is hereby repealed in its entirety.
Section 5.Compliance with CEQA.
The proposed amendments to the Municipal Code are exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), general rule, which
applies to any action where can be seen with certainty that there is no possibility that the project
may have a significant effect on the environment. Therefore, no further environmental review is
necessary.
Section 6. Severability.
If any provision of this ordinance or the application thereof to any person or circumstance is held
invalid, the remainder of the ordinance and the application of such provision to other persons or
circumstances shall not be affected thereby.
Section 7. Effective Date and Publication.
This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
Pursuant to the provisions of the California Government Code, a summary of this ordinance shall
be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at
which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a
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newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town
Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this
ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in
the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the
ordinance along with the names of those Council members voting for and against the ordinance.
This ordinance was read and introduced at a regular meeting of the Town Council of the
Town of Tiburon, held on January 15, 2020, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon, held on February 19, 2020, by the following vote:
AYES:COUNCILMEMBERS:Fredericks, Kulik, Thier, Welner
NAYS:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:One Vacant Seat
______________________________
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
_____________________________________
LEA STEFANI, TOWN CLERK
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Attachment 1: Proposed Ordinance
16-52.100 - Accessory dwelling unit.
A. Accessory Dwelling Units - Administration.
This section provides for the establishment and reasonable regulation of accessory
dwelling units in order to encourage housing opportunities for all segments of the
population while ensuring the public health, safety, and welfare.
1.Application and fee. Application for an accessory dwelling unit permit shall be
made in compliance with the provisions of division 16-50 (application filing and
processing) and shall be accompanied by the appropriate fee.
2.Accessory dwelling units are permitted on lots (1) zoned to allow single-family or
multifamily dwelling residential use and (2) which include a proposed or
existing dwelling. Accessory dwelling units are allowed in all residential and
commercial zones including R-1, R-1-B-A, R-1-B-2, RO-1, RO-2, R-2, R-3,
RPD, RMP, NC, and VC.
3.Director of community development as review authority. Applications for
accessory dwelling unit permit shall be acted upon by the director ministerially
without discretionary review or a public hearing. The Director shall act on the
application within 60 days from receipt of a completed application if there is an
existing single-family or multifamily dwelling on the lot. If the application is
submitted with a permit application to create a new single-family dwelling on the
lot, the Director may delay acting on the application for the accessory dwelling
unit until the Town acts on the permit application to create the new single-family
dwelling, but the application to create the accessory dwelling unit shall be
considered without discretionary review or hearing. If the applicant requests a
delay, the 60-day time period shall be tolled for the period of the delay. Courtesy
notice shall be provided to owners of property within one hundred feet of the
subject property, as set forth on equalized county tax assessment rolls, at least ten
days prior to a decision by the director.
4. In order to grant an accessory dwelling unit permit, the Director shall find that the
accessory dwelling unit would comply with the standards set forth in subsection
B. of this section.
5. Building permits. A building permit shall be required in conjunction with the
issuance of an accessory dwelling unit permit if repair, rehabilitation, or other
work otherwise requiring a building permit is necessary.
6. Approved conditional use permits still valid. Any secondary dwelling unit legally
established with an approved conditional use permit prior to July 1, 2003 and in
continued existence shall be deemed a legal, conforming dwelling unit. Secondary
dwelling units established by any such conditional use permit shall continue to
comply with all conditions of the permit approval, and with zoning requirements
for secondary dwelling units in effect at the time of permit approval.
7. Approved secondary dwelling units still valid. Any secondary dwelling unit
legally established with an approved secondary dwelling unit permit between July
1, 2003 and January 1, 2017 and in continued existence shall be deemed a legal,
conforming dwelling unit. Secondary dwelling units established by any such
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permit shall continue to comply with all zoning requirements for secondary
dwelling units in effect at the time of permit approval.
8.Expiration. Accessory dwelling unit permits issued in compliance with this
section shall expire and become null and void three years after issuance unless a
certificate of occupancy has been issued by the building division.
9. Periodic update. The director shall maintain a record of all legal accessory
dwelling units and all legal secondary dwelling units and shall review and update
the record every two years.
10. Reporting of violations. All reporting of accessory dwelling unit permit or
secondary dwelling unit permit violations shall be submitted in writing to the
director. The director shall notify the owner of record of the property that a
complaint has been registered, within ten calendar days from receipt of any such
complaint. The director shall investigate and issue a written report to the
complainant within thirty days from the date of the issuance of the notice
outlining the current status of any alleged violation and the steps that have been
requested of the owner of record to remedy the situation.
11. Violations considered an infraction. Violations of this section shall be punished as
infractions or by administrative citation, in the discretion of the director and shall
be subject to the provisions of section 16-56.030 (violations and penalties) and/or
Chapter 31 (enforcement of code). This subsection also applies to violations of
conditions of approval or requirements of operation issued in association with any
accessory dwelling unit permit or secondary dwelling unit permit.
12. Violations—Additional remedies—Injunctions. As an additional remedy, the
existence and/or maintenance of any accessory dwelling unit or secondary
dwelling unit in violation of any provisions herein, or of any conditions of
approval or requirements of operation placed thereon, shall be cause for
revocation and shall be deemed and is declared to be a public nuisance and may
be subject to summary abatement (i.e., including, without limitation,
administrative abatement in compliance with chapter 31 [enforcement of code]),
and/or restrained and enjoined by a court of competent jurisdiction. In the event
legal action is instituted to abate said violation, the town shall be entitled to
recover its costs and reasonable attorney's fees incurred in prosecuting said action.
13. Appeals. The decision of the director granting or denying an accessory dwelling
unit permit is a ministerial decision as required by state law, and not subject to a
public hearing. Any appeal of the decision shall constitute an administrative
review of the objective standards and criteria established by the town for
accessory dwelling units. Any such appeal must be filed within ten calendar days
of the date of decision and shall be heard by the town council. The appeal shall be
heard in a timely manner.
14. Density. Pursuant to California Government Code Section 68552.2, no accessory
dwelling unit approved under these provisions shall be considered in calculating
the density of the lot allowed by the land use designation contained in the land use
element of the Tiburon General Plan, and accessory dwelling units are deemed a
residential use that is consistent with the existing general plan and zoning for the
lot.
6
B. Accessory Dwelling Units – Development Standards
1. Rental. The Accessory Dwelling Unit may be rented separate from the Primary
Unit, but may not be rented for a period of less than 30 consecutive days or used
as a Vacation Rental. The Accessory Dwelling Unit may not be sold separately
from the Primary Unit.
2.Location on Lot. The accessory dwelling unit shall be either attached to, or
located within, the proposed or existing primary dwelling, including attached
garages, storage areas or similar uses, or an accessory structure or detached from
the proposed or existing primary dwelling and located on the same lot as the
proposed or existing primary dwelling If detached, the Accessory Dwelling Unit
shall be separated from the Primary Unit and any Detached Accessory Building a
minimum of six (6) feet, or as may be required by the building code.
3. Size. The total area of floor area of accessory dwelling units dwelling units shall
be as follows:
Table 1: Maximum Floor Area
ADU Type Maximum ADU Floor Area
Attached -
One bedroom or less
50 percent of the existing primary dwelling or 850 sq. ft.,
whichever is greater
Attached -
More than one bedroom
50 percent of the existing primary dwelling or 1,000 sq.
ft., whichever is greater
Detached – One bedroom or less 850 sq. ft.
Detached – more than one
bedroom 1000 sq. ft.
Internal 150 square feet or 50 percent of the existing primary
dwelling, whichever is greater.
4. Setback. Minimum setbacks of accessory dwelling units dwelling units shall be
as follows:
Table 2.Minimum Property Line Setbacks
Property Line
ADU Type
Attached Detached Internal
Front Same as primary dwelling [1]None
requi
red
Side 4 ft.4 ft.
Rear 4 ft.4 ft.
5. Setback exceptions.No Setback shall be required for a lawfully-constructed
garage in existence prior to January 1, 2017 that is converted in whole or part to
an Accessory Dwelling Unit, and a Setback of no more than four (4) feet from the
side and rear lot lines shall be required for an Accessory Dwelling Unit that is
7
constructed above a garage.
6. For Accessory Dwelling Units which exceed the maximum size limitations set
forth in Table 1, above, the following regulations apply.
a. Accessory Dwelling Unit shall have a height limit of 15 feet.
b.Floor area shall be allowed as set forth in Table 3.
R-1, R-1-B-A, R-1-B-2, RO-1, RO-2, R-2, and RPD Zones
Less than 7,500 sq. ft.35% of the property area, plus an additional 600 sq. ft.
of garage or carport.
7,500 sq. ft. through
60,000 sq. ft.
10% of the property area plus 2,000 sq. ft. plus an
additional 600 sq. ft. of garage or carport
More than 60,000 sq.
ft.
8,000 sq. ft. plus an additional 750 sq. ft. of garage or
carport.
R-3, RMP, VC, NC Zones
R-3 0.60
RMP 0.30
VC 0.28
NC 0.37
Table 3. Allowed Floor Area per lot
8
c. Lot Coverage shall be allowed as set forth in Table 4.
Table 4. Lot Coverage
Zoning Lot Coverage
R-1 30%
R-1-B-A 30%
R-1-B-2 30%
RO-1 15%
RO-2 15%
R-2 35%
R-3 30%
RPD 30%
RMP 30%
NC 100%
VC 100%
7. Guaranteed Allowance. All standards related to size, limits on lot coverage, floor
area ratio, open space and/or minimum lot size that apply to an accessory
dwelling unit shall not prohibit an accessory dwelling unit with at least an 800
square foot of floor area, a height of at least 16 feet, and four-foot side and rear
yard setbacks, provided the accessory dwelling unit complies with all other
applicable standards.
8. No demolition of a historic building (Local, State, or Federal Listing) is allowed
as part of the construction of an accessory dwelling unit.
9. Parking.
a.One off-street parking space per bedroom or per accessory dwelling unit,
whichever is less, shall be required.
b. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit or
converted to an accessory dwelling unit, those off-street parking spaces
need not be replaced.
10. Parking exceptions. No parking shall be required of an accessory dwelling unit in
any of the following instances:
a. The accessory dwelling unit is located within one-half mile walking
distance of public transit, as measured along path of travel.
b. The accessory dwelling unit is located within an architecturally and
historically significant historic district.
c. The accessory dwelling unit is part of the proposed or existing primary
residence or an accessory structure.
9
d. When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
e. When there is a car share vehicle located within one block of the
accessory dwelling unit. "Car share vehicle" shall mean a fixed location
identified in a map available to the general public where at least one
automobile is available daily for immediate use by the general public or
members of a car share service, which vehicle may be reserved for use and
accessed at any time through an automated application, kiosk, or other
method not requiring a live attendant. This term shall not include vehicles
returned to locations other than fixed locations where automobiles are not
routinely available for immediate use.
11. Fire Sprinklers. Fire sprinklers are not required in an accessory dwelling unit if
they are not required of the primary dwelling unit. Fire extinguishers are required
in every room.
12. Architectural Compatibility. The Accessory Dwelling Unit shall comply with the
following objective design standards. (The objective design standards are not
intended to limit the guaranteed allowance outlined in Section 8)
a. Architectural Details. Architectural details, including but not limited to
windows, roof pitch, and trim shall match the Primary Unit.
b. Color and Materials. The color and materials of the Accessory Dwelling
Unit shall match the Primary Unit.
c. Lighting. Lighting shall be shielded and/or directed such that it does not
produce glare visible from off-site or illuminate adjacent or nearby
property.
d. The Accessory Dwelling Unit shall be located at least 10 feet from the top
of any creek bank that exists on the lot of the proposed accessory dwelling
unit. The top of creek bank shall be defined by a licensed civil engineer.
e. The Accessory Dwelling Unit shall have a permanent full kitchen with a
sink, refrigerator and stove/oven. Only one kitchen is allowed per
Accessory Dwelling Unit.
f. Side yard setback and height will be verified by a licensed surveyor.
g. No exterior lights are allowed except two shielded downward pointing
lights at the entry to the Accessory Dwelling Unit.
h. No windows facing the rear and side property lines are allowed when
located less than 6 feet from the rear or side property line.
i. No entryways are allowed within 10 feet of a side or rear property line.
j. The Accessory Dwelling Unit is not allowed on any open space easement.
A title report shall be provided to identify all open-space easements.
k. The Accessory Dwelling Unit shall not have a white roof or any reflective
material on exterior of the Accessory Dwelling Unit.
l. The roof color of the Accessory Dwelling Unit shall be the same color as
the roof color of the primary dwelling unit.
m. No vents, flues, appurtenances, etc shall exceed the height limit.
n. The Accessory Dwelling Unit shall be 20 feet from any pool or spa and
shall not have direct access to any pool or spa.
o. No signs are allowed on Accessory Dwelling Unit except a small address
10
sign.
p. No portico, trellis or other roof is allowed as part of the Accessory
Dwelling Unit. A 5x5 foot entryway roof is allowed, but must be at least
10 feet from any property line.
q. All Building Code requirements, including Appendix Q of the 2019
Residential Code (Tiny Houses) shall apply to all Accessory Dwelling
Units.
r. The Accessory Dwelling Unit shall not include any other item that would
require discretionary approval such as an exterior shower, exterior sink,
pool, BBQ, spa, fence, etc. This include piping stub outs to the exterior.
s. Two trees shall be planted at each proposed window of the accessory
dwelling unit facing a neighboring property where such trees are
consistent with the Fire Code.
t. Detached ADUs shall have a height limit of 15 feet.
13. Any protected tree to be removed as part of a new Accessory Dwelling Unit shall
require a tree removal permit.
14. Fire District Regulations. The Accessory Dwelling Unit would comply with all
applicable Fire District regulations, subject to provisions and limitations set forth
in Government Code Section 65852.2.
15. Sanitary Service. Adequate sanitary service capacity for the additional increment
of effluent resulting from the Accessory Dwelling Unit shall be available. If the
lot is connected to the public sewer system, the applicant has submitted a letter
from the appropriate Sanitary District to that effect. If the lot is not connected to
the public sewer system, the applicant has submitted a letter from the County of
Marin Environmental Health Department confirming that the individual or
alternative sewage disposal system serving the lot has adequate capacity to
accommodate the proposed Accessory Dwelling Unit.
16. Water District Regulations. The Accessory Dwelling Unit shall would comply
with all applicable Water District regulations, subject to provisions and
limitations set forth in Government Code Section 65852.2. A separate water
connection for the Accessory Dwelling Unit is required. (This requirement only
applies to ADUs in conjunction with a new single-family house.). A water
connection separate from the primary dwelling unit shall be required of all
Accessory Dwelling Units constructed with a single-family dwelling is required,
subject to provisions and limitations set forth in Government Code Section
65852.2.
17. Separate electrical and natural gas (if natural gas fixtures are proposed)
connections are required. If an electrical pole will need to be relocated, the
application shall be incomplete until the pole is relocated. (This requirement only
applies to ADUs in conjunction with a new single-family house.)An
accessory dwelling unit shall not be considered a new residential use for
purposes of calculating connection fees or capacity charges for utilities, unless the
accessory dwelling unit was constructed with a new single-family dwelling.
18. Premises identification. Any town-assigned street address number for the
accessory dwelling unit shall be plainly visible and legible from the street fronting
the property as required by the applicable building code.
11
19. Exterior Access and Passageways.
a. Internal Dwelling Units. Internal accessory dwelling units, within the
space of an existing or proposed single-family dwelling shall have
independent exterior access separate from the primary dwelling.
b. Attached Accessory Dwelling Units. Independent exterior access separate
from the primary dwelling is not required for an attached accessory
dwelling unit.
c. No passageway shall be required in conjunction with the construction of
an accessory dwelling unit
20. For any Accessory Dwelling Unit that can not meet all the standards outlined in
this Section shall require Site Plan and Architectural Review as set forth in
Section 16-52.020.
C. Junior Accessory Dwelling Units – Administration.
This section provides for the establishment and reasonable regulation of junior accessory
dwelling units in order to encourage housing opportunities for all segments of the
population while ensuring the public health, safety and welfare.
1. Zoning permit required. No junior accessory dwelling unit shall be established or
used unless a junior accessory dwelling unit permit has been issued by the town.
2. Application and fee. Application for a junior accessory dwelling unit permit shall
be made in compliance with the provisions of division 16-50 (application filing
and processing) and shall be accompanied by the appropriate filing fee.
3. Director of community development as review authority. Applications for junior
accessory dwelling unit permit shall be acted upon by the director without
discretionary review or a public hearing. The Director shall act on the application
within 60 days from receipt of a completed application if there is an existing
single-family or multifamily dwelling on the lot. If the application is submitted
with a permit application to create a new single-family dwelling on the lot, the
Director may delay acting on the application for the accessory dwelling unit until
the Town acts on the permit application to create the new single-family dwelling,
but the application to create the accessory dwelling unit shall be considered
without discretionary review or hearing. If the applicant requests a delay, the 60-
day time period shall be tolled for the period of the delay.
4. Grant of junior accessory dwelling unit permit. In order to grant an accessory
dwelling unit permit, the Director shall find that the accessory dwelling unit
would comply with the standards set forth in subsection D. of this section.
5. Building permits. A building permit and a certificate of occupancy shall be
required in conjunction with the installation of a junior accessory dwelling unit.
Any repair, rehabilitation, or other work associated with the installation of the
junior accessory dwelling unit shall also obtain building permits where required
by law.
6. Expiration. Junior accessory dwelling unit permits issued in compliance with this
section shall expire and become null and void three years after issuance unless a
certificate of occupancy has been issued by the building division.
7. Periodic update. The director shall maintain a record of all authorized junior
accessory dwelling units and shall review and update the record every two years.
12
At the review, the owner of record shall verify in writing under penalty of perjury
that the junior accessory dwelling unit is in compliance with the standards for
junior accessory dwelling units and with all operating requirements of the permit
as set forth in applicable ordinances and regulations.
8.Reporting of violations. All reporting of junior accessory dwelling unit violations
shall be submitted in writing to the director. The director shall notify the owner of
record of the property that a complaint has been registered within ten calendar
days from receipt of any such complaint. The director shall investigate and issue a
written report to the complainant within thirty days from the date of the issuance
of the notice outlining the current status of any alleged violation and the steps that
have been requested of the owner of record to remedy the situation.
9. Violations considered an infraction. Violations of this section shall be punished as
infractions or by administrative citation, in the discretion of the director and shall
be subject to the provisions of section 16-56.030 (violations and penalties) and/or
Chapter 31 (enforcement of code). This subsection also applies to violations of
requirements of operation issued in association with any junior accessory
dwelling unit approval.
10. Violations - Additional remedies - Injunctions. As an additional remedy, the
existence and/or maintenance of any junior accessory dwelling unit in violation of
any provisions herein, or of any requirements of operation placed thereon, shall be
cause for revocation and shall be deemed and is declared to be a public nuisance
and may be subject to summary abatement (i.e., including, without limitation,
administrative abatement in compliance with chapter 31), and/or restrained and
enjoined by a court of competent jurisdiction. In the event legal action is instituted
to abate said violation, the town shall be entitled to recover its costs and
reasonable attorney's fees incurred in prosecuting said action.
11. Appeals. The decision of the director granting or denying a junior accessory
dwelling unit permit is a ministerial decision as required by state law, and not
subject to a public hearing. Any appeal of the decision shall constitute an
administrative review of the objective standards and criteria established by the
town for junior accessory dwelling units. Any such appeal must be filed within
ten calendar days of the date of decision and shall be heard by the town council.
The appeal shall be heard in a timely manner.
D. Junior Accessory Dwelling Unit – Development Standards
1. Owner Occupancy. One of the dwelling units on the site (either the Primary Unit
or the Junior Accessory Dwelling Unit) shall be owner-occupied. For purposes of
this standard, "ownership" is defined as a majority (i.e., fifty-one percent or
greater) interest in the property in question. Property owned in joint tenancy shall
be considered a single ownership for any party named. Property owned in tenancy
in common shall be considered a single ownership for the party named, unless
shares are specified, in which case ownership requires a majority interest.
2.Floor Area and Setback Standards.Floor area, setback standards, and lot
coverage for Junior Accessory Dwelling Units are as set forth below:
a. Floor area allowed as noted in Table 5.
13
R-1, R-1-B-A, R-1-B-2, RO-1, RO-2, R-2, and RPD Zones
Less than 7,500 sq. ft.35% of the property area, plus an additional 600 sq. ft.
of garage or carport.
7,500 sq. ft. through
60,000 sq. ft.
10% of the property area plus 2,000 sq. ft. plus an
additional 600 sq. ft. of garage or carport
More than 60,000 sq.
ft.
8,000 sq. ft. plus an additional 750 sq. ft. of garage or
carport.
R-3, RMP, VC, NC Zones
R-3 0.60
RMP 0.30
VC 0.28
NC 0.37
Table 5. Allowed Floor Area per lot
14
b. Setbacks for Junior Accessory Dwelling Units are required as follows in
Table 6.
Table 6. Required Setbacks
Zone Minimum front
setback
Minimum side
setback
Minimum rear
setback
R-1 15'8'20% to 25'
R-1-B-A 20'6'20% to 25'
R-1-B-2 25'10'20% to 25'
RO-1 30'20'20% to 25'
RO-2 30'15'20% to 25'
R-2 15'8'20% to 25'
R-3 15'8'8'
RPD As per PDP As per PDP As per PDP
RMP As per PDP As per PDP As per PDP
NC 0’0’0’
VC 0’0’0’
3. Architectural Compatibility. The Junior Accessory Dwelling Unit shall comply
with the following objective design standards.
a. All Building Code requirements, including Appendix Q of the 2019
Residential Code (Tiny Houses) shall apply to all Accessory Dwelling
Units.
b. The Junior Accessory Dwelling Unit shall have a permanent efficiency
kitchen. Only one kitchen is allowed per Junior Accessory Dwelling Unit.
c. No portico, trellis or other roof is allowed as part of the Junior Accessory
Dwelling Unit.
d. The Junior Accessory Dwelling Unit shall not include any other item that
would require discretionary approval such as an exterior shower, exterior
sink, pool, BBQ, spa, fence, etc. This include piping stub outs to the
exterior.
e. No signs are allowed on Junior Accessory Dwelling Unit except a small
address sign.
4. Maximum floor area is 500 square feet is allowed.
5. No setbacks apply to Internal/Junior Accessory Dwelling Units.
6. Fire Sprinklers. Fire sprinklers are not required in a junior accessory dwelling
unit if they are not required of the primary dwelling unit. Fire extinguishers are
required in every room.
7. Exterior Access and Passageways. Junior Accessory Dwelling Units, shall have
independent exterior access separate from the primary dwelling.
8. Owner-occupancy shall be required in the single-family residence in which the
junior accessory dwelling unit is permitted. The owner may reside in either the
remaining portion of the structure or the newly created junior accessory dwelling
unit. Owner-occupancy shall not be required if the owner is another governmental
agency, land trust, or housing organization.
15
9. Prior to Final Inspection, a Junior Accessory Dwelling Unit permit, the permittee
shall record a deed restriction, which shall run with the land, and shall be filed
with the Town. The deed restriction shall include both of the following:
a. A prohibition on the sale of the junior accessory dwelling unit separate
from the sale of the single-family residence, including a statement that the
deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the junior accessory dwelling
unit that conforms with this section.
E. Notwithstanding subsections (C) and (D) of this section, accessory dwelling unit and
junior accessory dwelling unit permits shall be issued based solely on the standards set
forth in this subsection, and applicable Building Code standards, as follows:
(1)One accessory dwelling unit or junior accessory dwelling unit per lot with a
proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the
proposed space of a single-family dwelling or existing space of a single-
family dwelling or accessory structure and may include an expansion of
not more than 150 square feet beyond the same physical dimensions as the
existing accessory structure. An expansion beyond the physical
dimensions of the existing accessory structure shall be limited to
accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family
dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of
Section 65852.22.
(2)One detached, new construction, accessory dwelling unit that does not exceed
four-foot side and rear yard setbacks for a lot with a proposed or existing single-
family dwelling. The accessory dwelling unit may be combined with a junior
accessory dwelling unit described in subparagraph (A). A local agency may
impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(iii) Premises identification. Any town-assigned street address number for the
accessory dwelling unit shall be plainly visible and legible from the street
fronting the property as required by the applicable building code.
(3)
(i) Multiple accessory dwelling units within the portions of existing
multifamily dwelling structures that are not used as livable space,
including, but not limited to, storage rooms, boiler rooms, passageways,
attics, basements, or garages, if each unit complies with state building
standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an
existing multifamily dwelling and shall allow up to 25 percent of the
existing multifamily dwelling units.
16
(4)Not more than two accessory dwelling units that are located on a lot that has an
existing multifamily dwelling, but are detached from that multifamily dwelling
and are subject to a height limit of 16 feet and four-foot rear yard and side
setbacks.
(5)Rentals of accessory dwelling units and junior accessory dwelling units permitted
pursuant to this subsection shall be for a term longer than 30 days.
(6)Installation of fire sprinklers are not required in an accessory dwelling unit or
junior accessory dwelling unit if sprinklers are not required for the primary
residence.
(7)Accessory dwelling units and junior accessory dwelling units permitted under this
subsection shall not be required to install a new or separate utility connection
directly between the accessory dwelling unit and the utility nor shall a related
connection fee or capacity be charged unless the accessory dwelling unit or junior
accessory dwelling unit is proposed to be constructed with a new single-family
home.
EXHIBIT 4
TOWN OF TIBURON
1
BACKGROUND
On May 12, 2021, the Planning Commission held a public hearing and took public
testimony. The Planning Commission reviewed the Draft Ordinance and directed staff to return with revisions. Staff has completed the requested changes and provides the Draft Resolution and Ordinance for review. The Planning Commission requested staff return with a brief description of the review process for both discretionary and ministerial
projects, assessment of the recommendations provided by Mark Monterastelli in his letter
dated May 12, 2021, and discussion regarding sizes of Accessory Dwelling Units.
ANALYSIS
1-Discretionary and Ministerial Review
Discretionary review requires an applicant to submit a full set of architectural plans to be reviewed by staff and the Design Review Board. The Design Review Board reviews the plans at a public hearing and takes action. A ministerial review simply requires an
applicant to submit plans for building review, there is no public hearing or ability for the
public to provide comment. The plans go through review by the building, public works, fire, and planning departments. The project is reviewed and approved by staff internally and once approved, a permit is given, and work can begin.
2-Assessment of comments provided by Mark Monterastelli (Attachment 4):
•Review Process- The applicant or individual applies to the building department.There is no application submitted to the Planning Department if in fact theapplicant meets the provisions outlined with the Municipal Code. The building
permit checklist for submittal requirements is provided to applicants. The projectthen is reviewed in the identical manner all taken for all new building permits.
•Square footage- The square footage recommended is in keeping with the Statestandards as well as historically what has been developed or applied for within the
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Planning Commission Meeting
June 9, 2021
Agenda Item: PH-2
STAFF REPORT
To: Members of the Planning Commission
From: Community Development Department
Subject: Repeal Subsection 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code
in its entirety and replace a new Subsection 16-52 of the Tiburon Municipal Code
Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units. (Continued item from May 12, 2021)
Exhibit 4
TOWN OF TIBURON 2
Town. When reviewing other ADU ordinances as well as the current applications it appears the proposed square footage for development of an ADU is in keeping
with the desires of the community. Furthermore, staff considered not only large
lots and homes but those areas in town where the lots and residences are smaller, permitting accessory dwelling units of greater than 1000 square feet may result in accessory dwelling units that are equivalent in size to the existing home. Furthermore, if an individual desires a larger ADU then can apply for
development of the unit, and it will be considered through the Design Review
process. Development Standards- An ADU which exceeds the permitted square footage will go through a design review process and must comply with the development
standards for all non-exempt structures
• Height Limitation: The height for an ADU has been set at 16 feet. State statute does not impose height limits provided the limit is no less than 16 feet. Many
jurisdictions have set 16 feet as a maximum height. Staff has done a great deal of
research and found design of the accessory dwelling units is easily achieved at the 16-foot maximum and is not limiting design in any way.
• Basement- Basements are not included in calculating floor area and will not be
counted as part of the ADU.
• Incentives-The Town has not included incentives for development of units.
Rationale Regarding Square Footage
Staff reviewed State law and other Ordinances to determine the square footage most applicable to the existing built form in Tiburon. Furthermore, we analyzed parcel sizes and house sizes within various neighborhoods and found the numbers chosen are
appropriate. In addition, based on applications received within the past year the proposed
square footage is applicable. Accessory Dwelling Unit law does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADUs. Therefore, the Planning Commission may decide to increase the unit size however maximum unit size must be at least 850 square feet for one bedroom and 1,000 square feet for more than
one bedroom.
In short, a statewide ADU exemption is an ADU of up to 800 square feet, 16 feet in height, as potentially limited buy a local agency, and with 4 feet side and rear yard setbacks. ADU law requires no lot coverage, floor area ration, open space, or minimum
lot size be a determinant for approval or denial of the proposed ADU. Furthermore, state
law allows the construction of a detached ADU exempt structure to be combined with a JADU on the same residential lot.
TOWN OF TIBURON 3
ENVIRONMENTAL REVIEW
The proposed amendments to the zoning ordinance and to the accompanying standards are statutorily exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Section 15282, subsection (h) of the CEQA Guidelines.
RECOMENDATION Staff recommends that the Planning Commission: 1) Hold a public hearing and consider all testimony
2) Make any revisions as appropriate
3) Move to adopt the attached resolution recommending approval to the Town Council of various zoning text amendments 4) Move to adopt the attached resolution recommending adoption of revised “standards” for accessory dwelling units and junior accessory dwelling units to the Town Council.
EXHIBITS
1. Staff Report from April 14, 2021 Planning Commission
2. Draft Planning Commission resolution recommending zoning text amendments with revised standards to the Town Council. 3. Existing ADU Zoning Code 4. Letter from Mark Monterastelli
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT To: Members of the Planning Commission
From: Community Development Department
Subject:
Repeal Subsection 16-52 of Chapter 16 of Title IV of the Tiburon
Municipal Code in its entirety and replace a new Subsection 16-52 of the Tiburon Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units. BACKGROUND
The California Legislature passed five (5) bills in 2019 that have substantive effects on the existing regulatory framework for accessory dwelling units and junior accessory dwelling units. All five bills, specifically, AB 68, SB 13, AB 881, AB 587, and AB 670 were signed by the Governor in October 2019 and will become effective January 1, 2020. Cities and counties throughout the State have amended their zoning ordinances in response to the new laws. The general purpose of the legislation
was to provide additional opportunities for affordable housing in California. Prior to 2003, secondary dwelling unit applications were subject to a conditional use permit process in the Town of Tiburon. In 2016, three bills were signed by the governor to require secondary dwelling units to be called “accessory dwelling units” (ADU). In Town regulations, such units are defined
generally as independent, self-contained dwelling units, which may be attached or detached from a primary unit and may be constructed in single-family residential zones and/or in multi-family residential zones subject to local discretion. ADUs are strongly encouraged and facilitated by the state and are supported by the Town through General Plan policies.
On February 19, 2020, the Town Council adopted Ordinance 587 amending the Municipal Code regarding accessory dwelling units. Since adoption of the Town’s Accessory Dwelling Unit Ordinance on February 19, 2020, staff has processed several permits, discussed development potential as well as process with applicants. It became apparent that staff needed to amend the existing ordinance to provide clarity regarding the process and arrange the existing Ordinance in a manner that
is easily understood. ANALYSIS Overview
Senate Bill 13, Assembly Bill 881 and Assembly Bill 68 regarding accessory dwellings units review and approval process that all ADUs and JADUs must be reviewed ministerially and time to act on a permit application from the local jurisdiction is 60 days for an application to be deemed complete,
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Planning Commission Meeting April 14, 2021
Agenda Item: PH-1
Planning Commission Meeting
December 9, 2019
TOWN OF TIBURON PAGE 2 OF 2
where the current law provides for 120 days. The state legislation requires substantive revisions to the Town’s regulations governing accessing dwelling units, including new and modified definitions and clarifications of review and timelines for actions. The standards which currently apply to accessory dwelling units in the Town were adopted in February 2020 by the Town Council.
Changes to the existing Ordinance Staff has made changes to the organization of Subsection 16-52 as follows:
• General Reorganization of the existing Ordinance to clarify and streamline the process; and
• The current Ordinance does not include definition, a definitions section has been added; and
• Change Table 1 Minimum Floor Area to better reflect allowable maximum floor area; and
• Changes Table 2 Property Line Setbacks.
These changes are somewhat minor however they provide clarity and flow in the ordinance to make easier for the public to understand the process.
A Draft Planning Commission Resolution recommending to the Town Council is provided in Exhibit 1. The existing Accessory Dwelling Unit Ordinance is provided as Exhibit 2. ENVIRONMENTAL DETERMINATION
The proposed amendments to the zoning ordinance and to the accompanying standards are statutorily
exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Section 15282, subsection (h) of the CEQA Guidelines. RECOMMENDATION
Staff recommends that the Planning Commission: 1) Hold a public hearing and consider all testimony 2) Make any revisions as appropriate 3) Move to adopt the attached resolution recommending approval to the Town Council of
various zoning text amendments 4) Move to adopt the attached resolution recommending adoption of revised “standards” for accessory dwelling units and junior accessory dwelling units to the Town Council EXHIBITS
1. Draft Planning Commission resolution recommending zoning text amendments with revised standards to the Town Council. 2. Existing ADU Zoning Code
1 PLANNING COMMISSION Draft Resolution No. 2021-xxx June 9, 2021
TOWN OF TIBURON PLANNING COMMISSION
(DRAFT) RESOLUTION NO. 2021-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING SUBSECTION 16-52.100 OF SECTION 16-52 OF CHAPTER 16 OF
TITLE IV OF THE TIBURON MUNICIPAL CODE AND REPEALING
SUBSECTION 16-52.105 OF SECTION 16-52 OF CHAPTER 16 OF TITLE IV OF
THE TIBURON MUNICIPAL CODE REGARDING ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS
WHEREAS, in October 2019, the Governor signed a trio of bills amending
Government Code sections 65852.2 and 65852.22 regarding Accessory Dwelling Units and
Junior Accessory Dwelling Units; and
WHEREAS the new State Accessory Dwelling Unit laws become effective on
January 1, 2020; and
WHEREAS the Planning Commission held a duly noticed public hearing on
December 9, 2019; and
WHEREAS, on December 9, 2019, the Planning Commission reviewed the draft
ordinance, recommended changes, determined that that amendments were exempt from
CEQA, and adopted a resolution recommending the draft ordinance with changes to the
Town Council.
WHEREAS, the Town Council held a duly noticed public hearing on January 15,
2020, regarding the Planning Commission's recommendation to revise the ordinance for
the review. approval, denial and development of Accessory Dwelling Units and Junior
Accessory Dwelling Units; and
WHEREAS, on February 19, 2020 the Accessory Dwelling Unit and Junior Accessory
Dwelling Unit ordinance was placed on the consent calendar and adopted by the Town
Council; and
WHEREAS, the Accessory Dwelling Unit and Junior Accessory Dwelling Unit
ordinance went into effect and was incorporated as Subsection 16-52.100 of the Municipal
Code; and
WHEREAS, the State Accessory Dwelling Unit laws were further updated and become
effective on January 1, 2021. To provide clarity on the streamlined review process for
Accessory Dwelling Units and Junior Accessory Dwelling Units, an updated ordinance was
prepared with recommended changes to comply with the State Accessory Dwelling Unit
laws; and
2 PLANNING COMMISSION Draft Resolution No. 2021-xxx June 9, 2021
WHEREAS, the Planning Commission held a duly noticed and advertised public
meeting on April 14, 2021 at which testimony was received from the public, and the
Planning Commission reviewed and considered the draft ordinance, recommended
revisions, and staff was directed to return with an amended draft to the updated ordinance;
and
WHEREAS, the Planning Commission held a duly noticed and advertised public
meeting on May 12, 2021, at which testimony was received from the public, and the
Planning Commission reviewed and considered the draft ordinance, recommended
revisions, and staff was directed to return with an amended draft to the updated ordinance;
and
WHEREAS, on June 9, 2021, the Planning Commission held a public hearing and
reviewed the updated ordinance, made the required findings, determined that those
amendments were exempt from CEQA, and adopted a resolution recommending the draft
ordinance with changes to the Town Council.
NOW. THEREFORE, BE IT RESOLVED THAT
Section 1. Findings
Pursuant to Tiburon Municipal Code 16-68.050(A), the Planning Commission finds
that that the proposed amendment is consistent with the requirements of Tiburon
Municipal Code, general plan and other applicable plans of the town, and the
proposed amendment will not be detrimental to the public health, safety, or welfare
of the town.
Section 2. Recommendation
The Planning Commission hereby recommends that the Tiburon Town Council
approve the proposed amendment to the Zoning Ordinance and repeal Subsection
16-52.100 of the Municipal Code in its entirety and adopt a new subsection 16-
52.100 of section 16-52 of Chapter 16 of Title IV of the Tiburon Municipal Code, as set
forth in Exhibit A, attached hereto and incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on June 9, 2021, by the following vote:
AYES: BOARDMEMBERS: NOES: BOARDMEMBERS:
3 PLANNING COMMISSION Draft Resolution No. 2021-xxx June 9, 2021
ABSENT: BOARDMEMBERS:
ABSTAIN: BOARDMEMBERS: _______________________________ KATHLEEN DEFEVER, CHAIR PLANNING COMMISSION ATTEST:
______________________________ DINA TASINI, SECRETARY
1 1 Draft Resolution No. 2021-xxx June 9, 2021
Exhibit A Proposed Ordinance Chapter 16-52.100- Accessory Dwelling Unit
This purpose of this chapter is to provide for the creation of Accessory Dwelling Units
(“unit”) and Junior Accessory Dwelling Units in a manner consistent with State law. The
purpose for the Town of Tiburon is to expand the opportunity to provide a variety of housing
opportunities, while still preserving the character of the Town.
A. Definitions
1. “Accessory Dwelling Unit” (“ADU”) shall mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing dwelling. It shall include permanent
provision for living sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is or will be situated
2. “Junior Accessory Dwelling Unit” (“JADU”) shall mean a unit that is no more than 500
square feet in size and contained entirely within an existing single-family structure. A
Junior Accessory Dwelling Unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A Junior Accessory Dwelling Unit must include an efficiency kitchen with a sink, cooking facility with appliances that do not require electrical service greater than 120 volts, and a food preparation area that is of
reasonable size in relation to the size of the unit. The Junior Accessory Dwelling Unit
must include a separate entrance from the main entrance to the structure. The Junior Accessory Dwelling Unit may include an interior entrance connecting the Junior Accessory Dwelling Unit and the primary dwelling unit. The interior entrance may include a second interior doorway for sound attenuation.
3. “Internal Accessory Dwelling Unit” means an Accessory Dwelling Unit that is contained within the existing space of a single-family residence or accessory structure, has independent exterior access, and does not add any floor area to an existing structure.
4. “Attached Accessory Dwelling Unit” means an Accessory Dwelling Unit that shares a
common wall with the primary dwelling unit on the lot, either by being constructed as a physical expansion (i.e., addition) of the primary dwelling unit, conversion of an existing garage attached to the primary dwelling, or installation of a new basement underneath an existing primary dwelling unit.
5. “Detached Accessory Dwelling Unit” means an Accessory Dwelling Unit that is constructed as a separate structure from the primary dwelling unit on the lot or is created by the conversion (full or partial) of an existing detached accessory building into an
Accessory Dwelling Unit.
B. Accessory Dwelling Units
B.1 Administration.
This section provides for the establishment and reasonable regulation of Accessory
2 2 Draft Resolution No. 2021-xxx June 9, 2021
Dwelling Units in order to encourage housing opportunities for all segments of the population while ensuring the public health safety and welfare of the town.
1. Application and fee. Applications for an Accessory Dwelling Unit shall be processed ministerially and shall be accompanied by the appropriate fee. Accessory Dwelling Unit
shall be permitted through issuance of a building permit.
2. Accessory Dwelling Units and Junior Accessory Dwelling Units are permitted on lots zoned to allow single-family or multi family dwelling residential use.
3. Director of community development as review authority. Building permit applications for Accessory Dwelling Units shall be acted upon by the director ministerially without discretionary review or a public hearing. The permit shall be reviewed and approved through the Building Division. The building permit application shall be acted upon within
60 days from receipt of a completed application and if not acted upon within that timeline
the application shall be deemed approved. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. A courtesy notice shall be provided to owners of property within one hundred feet of the subject property, as set forth on equalized county tax assessment rolls, at least ten days prior to a decision by the
director.
4. Approved existing Accessory Dwelling Units remain valid. Any secondary dwelling unit legally established with an approved conditional use permit prior to July 1, 2003, and in continued existence shall be deemed a legal, conforming dwelling unit. Secondary
dwelling units established by any such conditional use permit shall continue to comply
with all conditions of original permit approval, and with building code for secondary dwelling units in effect at the time of permit approval. The Town shall not require the correction of any nonconforming zoning condition as a condition of approval for an Accessory Dwelling Unit.
5. Expiration. Accessory Dwelling Unit permits issued in compliance with this section shall expire and become null and void 18 months after building permit issuance unless a certificate of occupancy has been issued by the building division or extension of the existing building have been granted through the building division.
6. Periodic update. The director shall maintain a record of all legal Accessory Dwelling Units and all legal secondary dwelling units and shall review and update the record every two years.
7. Violations considered an infraction. Violations of this section shall be punished as infractions or by administrative citation, in the discretion of the director and shall be subject to the provisions of section 16-56.030 (violations and penalties) and/or Chapter 31 (enforcement of code).
8. Administrative Review. The decision of the director granting or denying an Accessory Dwelling Unit permit is a ministerial decision as required by state law, and not subject to a public hearing.
9. Density. Pursuant to California Government Code Section 68552.2, no Accessory Dwelling Unit approved under these provisions shall be considered in calculating the density of the lot allowed by the land use designation contained in the land use element of the Tiburon General Plan, and Accessory Dwelling Units are deemed a residential use that is consistent with the existing general plan and zoning for the lot.
3 3 Draft Resolution No. 2021-xxx June 9, 2021
B.2 Development Standards.
1. Rental. The Accessory Dwelling Unit may be rented separate from the Primary Unit but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. The Accessory Dwelling Unit may not be sold separately from the Primary Unit.
2. Location on Lot. The Accessory Dwelling Unit shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing
primary dwelling and located on the same lot as the proposed or existing primary
dwelling. If detached, the Accessory Dwelling Unit shall be separated from the Primary Unit and any Detached Accessory Building by a minimum of six (6) feet, or as may otherwise be required by the building code.
3. Guaranteed Allowance. All standards related to size, limits on lot coverage, floor
area ratio, open space and/or minimum lot size that apply to an Accessory Dwelling Unit shall not prohibit an Accessory Dwelling Unit measuring 800 square feet of floor area or less, a height of 16 feet or less, and four-foot side and rear yard setbacks, provided the Accessory Dwelling Unit complies with all other applicable standards.
For an Accessory Dwelling Unit that exceeds these standards, the architectural compatibility objective design standards outlined in the subsequent sections shall be applied.
4. Size – Attached ADUs. The total floor area of an attached Accessory Dwelling Unit
shall be as follows:
Table 1: Attached ADU Floor Area
ADU Type ADU Floor Area
One bedroom or less A maximum of 850 sq. ft. or 50% of the primary dwelling unit, whichever is less
More than one bedroom
A maximum of 1,000 sq. ft or 50% of the primary dwelling unit, whichever is less
5. Size – Detached ADUs. The total floor area of detached Accessory Dwelling Units shall be as follows: Table 2: Detached ADU Floor Area
ADU Type ADU Floor Area
One bedroom or less 850 sq. ft. maximum
More than one bedroom 1,000 sq. ft maximum
4 4 Draft Resolution No. 2021-xxx June 9, 2021
6. For Accessory Dwelling Units which exceed the maximum size limitations set forth
in Table 1 or Table 2, Site Plan and Architectural Review will be required as well as a building permit, if approved. As part of this review, the ADU shall comply with all regulations set forth within the land use designation.
7. Setback. Minimum setbacks of Accessory Dwelling Units shall be as follows:
Table 3. Minimum Property Line setback
8. Side yard setback and height will be verified by a licensed surveyor.
9. Setback exceptions. No Setback shall be required for a lawfully constructed garage
in existence prior to January 1, 2017 that is converted in whole or part to an
Accessory Dwelling Unit.
10. Height. One story Accessory Dwelling Units shall have a height limit of 16 feet or no taller than the primary residence at the area of attachment. Accessory Dwelling Units may be two stories and no greater in height than 30 feet.
11. Historic Structures. No demolition of a historic building (Local, State, or Federal Listing) is allowed as part of the construction of an Accessory Dwelling Unit.
12. Parking.
a. One off-street parking space per Accessory Dwelling Unit shall be
required, unless parking exceptions as set forth in section (B) 13 of this
Section apply.
b. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an Accessory Dwelling Unit or
converted to an Accessory Dwelling Unit, those off-street parking
spaces need not be replaced. These spaces may be provided as tandem
parking on a driveway.
13. Parking exceptions. No parking shall be required of an Accessory Dwelling Unit in
any of the following instances:
a. The Accessory Dwelling Unit is located within one-half mile walking
Property Line ADU Type
Attached and Detached Internal
Front Same as applicable zone to the primary dwelling unit
None required
Side/Rear 4 ft.*
*No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an Accessory Dwelling Unit or to a portion of an Accessory Dwelling Unit.
5 5 Draft Resolution No. 2021-xxx June 9, 2021
distance of public transit, as measured along path of travel.
b. The Accessory Dwelling Unit is located within an architecturally and
historically significant historic district.
c. The Accessory Dwelling Unit is part of the proposed or existing primary
residence or an accessory structure, including the conversion of existing
garage or carport.
d. When on-street parking permits are required but not offered to the occupant
of the Accessory Dwelling Unit.
e. When there is a car share vehicle located within one block of the Accessory
Dwelling Unit. "Car share vehicle" shall mean a fixed location identified in
a map available to the general public where at least one automobile is
available daily for immediate use by the general public or members of a car
share service, which vehicle may be reserved for use and accessed at any
time through an automated application, kiosk, or other method not requiring
a live attendant. This term shall not include vehicles returned to locations
other than fixed locations where automobiles are not routinely available for
immediate use.
14. Fire Sprinklers. Fire sprinklers are not required in an Accessory Dwelling Unit if they are not required of the primary dwelling unit. Fire safety equipment such as smoke detectors may be required.
15. Architectural Compatibility. The Accessory Dwelling Unit shall comply with the following objective architectural standards. a. Color and Materials. The color and materials of the Accessory Dwelling Unit shall match the Primary Unit.
b. Lighting. Lighting shall be shielded and/or directed such that it does not
produce glare visible from off-site or illuminate adjacent or nearby property.
c. The Accessory Dwelling Unit shall be located at least 10 feet from the top
of any creek bank that exists on the lot of the proposed Accessory Dwelling
Unit. The top of creek bank shall be defined by a licensed civil engineer.
d. The Accessory Dwelling Unit shall have a permanent full kitchen with a
sink, refrigerator, and stove/oven. Only one kitchen is allowed per
Accessory Dwelling Unit.
e. No exterior lights are allowed except two shielded downward pointing lights
at the entry to the Accessory Dwelling Unit.
f. No windows facing the rear and side property lines are allowed when located
less than 6 feet from the rear or side property line.
g. No entryways are allowed within 10 feet of a side or rear property line.
h. The Accessory Dwelling Unit is not allowed on any open space easement.
A title report shall be provided to identify all open-space easements.
i. The Accessory Dwelling Unit shall not have any reflective roof or building
material.
j. The roof color of the Accessory Dwelling Unit shall use similar roof
materials and color as the primary dwelling unit.
6 6 Draft Resolution No. 2021-xxx June 9, 2021
k. No vents, flues, or appurtenances shall exceed the height limit. l. No signs are allowed on Accessory Dwelling Unit except an address sign.
m. No portico, trellis or other roof is allowed as part of the Accessory Dwelling
Unit. A 5x5 foot entryway roof is allowed but must be at least 10 feet from
any property line.
n. All Building Code requirements, including Appendix Q of the 2019
Residential Code (Tiny Houses) shall apply to all Accessory Dwelling
Units.
o. The Accessory Dwelling Unit shall not include any other item that would
require discretionary approval, including but not limited to an exterior
shower, exterior sink, pool, BBQ, spa, fence, and/or piping stub outs to the
exterior.
p. Two trees shall be planted at each proposed window of the Accessory
Dwelling Unit facing a neighboring property where such trees are consistent
with the Fire Code.
16. Any protected tree to be removed as part of a new Accessory Dwelling Unit shall
require a tree removal permit.
17. Fire District Regulations. The Accessory Dwelling Unit shall comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2.
18. Sanitary Service. Adequate sanitary service capacity for the additional increment of effluent resulting from the Accessory Dwelling Unit shall be available. If the lot is connected to the public sewer system, the applicant shall submit a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public
sewer system, the applicant shall submit a letter from the County of Marin
Environmental Health Department confirming that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed Accessory Dwelling Unit.
19. Separate Utility Connection. New and separate utility connections shall be required directly between the Accessory Dwelling Unit and the utility. Consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed Accessory Dwelling Unit, based upon either its square feet or the number of its
drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service,
20. Premises identification. Any town-assigned street address number for the Accessory
Dwelling Unit shall be plainly visible and legible from the street fronting the property as required by the applicable building code.
21. Exterior Access and Passageways.
a. Internal Dwelling Units. Internal Accessory Dwelling Units shall have
independent exterior access separate from the primary dwelling.
b. Attached Accessory Dwelling Units. Independent exterior access separate
7 7 Draft Resolution No. 2021-xxx June 9, 2021
from the primary dwelling is required. No internal connection is permitted
for attached Accessory Dwelling Units. Exterior access may not encroach
into required setbacks.
c. No passageway shall be required in conjunction with the construction of an
Accessory Dwelling Unit.
C. Junior Accessory Dwelling Units
C.1 Administration.
This section provides for the establishment and reasonable regulation of Junior Accessory
Dwelling Units in order to encourage housing opportunities for all segments of the population while ensuring the public health, safety, and welfare.
1. Building permit required. No Junior Accessory Dwelling Unit shall be established or used unless a building permit has been issued by the town.
2. Director of community development as review authority. Applications for Junior
Accessory Dwelling Unit permits shall be acted upon by the director without discretionary review or a public hearing. The Director shall act on the application within 60 days from receipt of a completed application if there is an existing single-family or multifamily dwelling on the lot. If the application is submitted with a permit
application to create a new single-family dwelling on the lot, the Director may delay
acting on the application for the Accessory Dwelling Unit until the Town acts on the permit application to create the new single-family dwelling, but the application to create the Accessory Dwelling Unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60- day time period shall be tolled
for the period of the delay.
3. Grant of Junior Accessory Dwelling Unit permit. In order to grant a Junior Accessory Dwelling Unit permit, the Director shall find that the Junior Accessory Dwelling Unit would comply with the standards set forth in subsection C (2) of this section.
4. Building permits. A building permit and a certificate of occupancy shall be required in conjunction with the installation of a Junior Accessory Dwelling Unit. Any repair, rehabilitation, or other work associated with the installation of the Junior Accessory
Dwelling Unit shall also obtain building permits where required by law.
5. Expiration. Junior Accessory Dwelling Unit permits issued in compliance with this section shall expire and become null and void 18 months after building permit issuance unless a certificate of occupancy has been issued by the building division or extension of
the existing building have been granted through the building division.
6. Periodic update. The director shall maintain a record of all authorized Junior
Accessory Dwelling Units and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury that the Junior Accessory Dwelling Unit is in compliance with the standards for Junior Accessory Dwelling Units and with all operating requirements of the permit as set forth in applicable ordinances and regulations.
8 8 Draft Resolution No. 2021-xxx June 9, 2021
C.2 Development Standards.
1. Maximum Size. Junior Accessory Dwelling Units shall be no greater than 500 square feet in size and contained entirely within a single-family residence.
2. Owner Occupancy. One of the dwelling units on the site (either the Primary Unit or the Junior Accessory Dwelling Unit) shall be owner-occupied. For purposes of this standard, "owner" is defined as a person or entity with a majority (i.e., fifty-one percent or greater) interest in the property. Property owned in joint
tenancy shall be considered a single ownership for any party named. Property
owned in tenancy in common shall be considered a single ownership for the party named, unless shares are specified, in which case ownership requires a majority interest.
3. Junior Accessory Dwelling Units shall not be sold separately. A prohibition on the sale
of the Junior Accessory Dwelling Unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
4. Rental. The Junior Accessory Dwelling Unit may be rented separate from the Primary
Unit but may not be rented for a period of less than 30 consecutive days or used as a Vacation Rental. The Junior Accessory Dwelling Unit may not be sold separately from the Primary Unit.
5. Location. No more than one Junior Accessory Dwelling Unit is permitted on a residential lot within an existing single-family structure. No setbacks apply to Internal/Junior Accessory Dwelling Units.
6. Size. Maximum floor area allowed is 500 square feet.
7. Architectural Compatibility. The Junior Accessory Dwelling Unit shall comply with the following objective design standards: a. All Building Code requirements, including Appendix Q of the 2019
Residential Code (Tiny Houses) shall apply to all Junior Accessory
Dwelling Units.
b. The Junior Accessory Dwelling Unit shall have a permanent efficiency
kitchen as defined in A (2). Only one kitchen is allowed per Junior
Accessory Dwelling Unit.
c. A Junior Accessory Dwelling Unit may include separate sanitation facilities
or may share sanitation facilities with the existing structure.
d. No portico, trellis or other roof is allowed as part of the Junior Accessory
Dwelling Unit.
e. The Junior Accessory Dwelling Unit shall not include any other item
that would require discretionary approval, including but not limited to
an exterior shower, exterior sink, pool, BBQ, spa, fence, and/or piping
stub outs to the exterior.
f. No signs are allowed on Junior Accessory Dwelling Unit except an
address sign.
8. Fire Sprinklers. Fire sprinklers are not required in a Junior Accessory Dwelling
9 9 Draft Resolution No. 2021-xxx June 9, 2021
Unit if they are not required of the primary dwelling unit. Fire safety equipment such as smoke detectors may be required.
9. Exterior Access and Passageways. Junior Accessory Dwelling Units shall have independent exterior access separate from the primary dwelling.
D. Accessory Dwelling Units Subject to Limited Standards.
The City shall ministerially approve an application for a building permit within a
residential or mixed-use district to create the following types of Accessory Dwelling Units. The City shall only permit one type of the following Accessory Dwelling Units per lot. For each type of Accessory Dwelling Unit, the City shall require compliance only with the development standards in this subjection. Standards provided above in subsections (B) and (C) do not apply to the following types of Accessory Dwelling Units:
1. Internal Accessory Dwelling Units. One Accessory Dwelling Unit or Junior Accessory Dwelling Unit per lot with a proposed or existing single-family dwelling if all of the following apply: a. The Accessory Dwelling Unit or Junior Accessory Dwelling Unit, as such
use is classified in BMC 17.16.080, is within the proposed space of a
single-family dwelling or existing space of a single-
family dwelling or accessory structure and may include an expansion of not
more than 150 square feet beyond the same physical dimensions as the
existing accessory structure. An expansion beyond the physical dimensions
of the existing accessory structure shall be limited to accommodating
ingress and egress.
b. The space has exterior access from the proposed or existing single-
family dwelling.
c. The side and rear setbacks are sufficient for fire and safety.
d. The Junior Accessory Dwelling Unit complies with the requirements of
California Government Code Section 65852.22.
2. Detached Accessory Dwelling Units. One detached, new construction, Accessory Dwelling Unit for a lot with a proposed or existing single-family dwelling. The Accessory Dwelling Unit may be combined with a Junior Accessory Dwelling Unit described previously in subsection (C), or an Internal Accessory Dwelling Units
described in this section. The detached Accessory Dwelling Unit must comply with the
following:
a. Maximum floor area: 800 square feet.
b. Maximum height: 16 feet.
c. Minimum rear and side setbacks: four feet.
3. Non-Livable Multifamily Space. Multiple Accessory Dwelling Units within the
portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following: a. At least one Accessory Dwelling Unit is allowed within an existing
10 10 Draft Resolution No. 2021-xxx June 9, 2021
multifamily dwelling up to maximum of 25 percent of the existing
multifamily dwelling units; and
b. Each Accessory Dwelling Unit shall comply with building code standards
for dwellings.
4. Detached Accessory Dwelling Units on Multifamily Lots. In the event an Accessory Dwelling Unit is proposed on a lot that has an existing multifamily dwelling but is
detached from that multifamily dwelling, no more than two Accessory Dwelling Units are permitted. The Accessory Dwelling Units, are subject to the following:
a. Maximum height: 16 feet.
b. Minimum rear and side setbacks: four feet.
1
Comments for Town of Tiburon Planning Commission Meeting
May 12, 2021
PH-2 REPEAL SUBSECTION 16-52 OF CHAPTER 16 OF TITLE IV OF THE
TIBURON MUNICIPAL CODE IN ITS ENTIRETY AND REPLACE A NEW
SUBSECTION 16-52 OF THE TIBURON MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS.
(Continued from April 14, 2021)
Opening Statement
The intent of the law was to weaken local resistance to ADUs that commonly comes from Cities
and HOAs. The goal was to remove discretionary review from the process which is used by
Towns to frustrate residents. Commissioner Amir bluntly stated his resistance to ADUs in the
April 14th Planning Commission Meeting which is exactly the type of resistance (density
issues?,diversity issues?) that this law was intended to overcome. Does Commissioner Amir
want to keep Tiburon only for those with a multi-million dollar net worth by blocking the addition
to the community of many new smaller, more affordable options? Are we continuing to keep
Tiburon older, richer and whiter? ADUs are a key tool that can be used by Tiburon to attract a
more diverse group of residents and is one of our last opportunities to open this community up
to a more economically diverse community and all of the benefits this brings.
Should Tiburon be a follower or a leader? In the April 14th meeting multiple commissioners
asked to know what other nearby cities are doing with Development Standards, namely with the
floor area limitation. What other towns are doing can inform your decisions but I strongly caution
you to not just go along or hide behind what other towns have done and, instead, genuinely take
a leadership position with an equitable ordinance that respects the intention of the new state
laws.
Comments on the Proposed Ordinance
Building Permit vs accessory dwelling permit
Section B.1.3 states “Director of community development as the review authority. Building
permit applications for accessory dwelling unit permit shall be acted upon by the directory
ministerially….the permit shall be reviewed and approved through the Building Division..”
PH-2-
exhibit 4
Could you please clarify, does the applicant first apply to the Planning Department in which the
Directory of Community development issues an “accessory dwelling unit permit” which allows
the applicant to then apply to the Building Division for a building permit?. Or does the applicant
essentially apply directly to the Building Division..
Can you specify the application requirements for an ADU with a check list or just reference
another application process (Building Permit or Design Review) that has the same requirements
as what you expect for an ADU application.
Square Footage Limitation
I understand the rationale for having a limit and aligning it with the state minimums. However,
1000 sqft is still an arbitrary number since the state did not set a maximum. The current Tiburon
ordinance sets no maximum other than 50% of the primary dwelling square footage. For homes
over 2000sqft, this new maximum is a MAJOR change.
1.Does the change unfairly target residents with larger homes (and lots)?
2.Does it match the intention of the State law, in other words was the intention of the law to
give a massive increase in livable square footage (50% increase) only to homeowners
with 2000 sqft or less homes?
My Opinion
The intent of the law was to weaken local resistance to ADUs that commonly comes
from Cities and HOAs. The State started with the current minimums but left it up to the
City to extend this benefit to larger residences in a thoughtful way.
My Suggestion
Set the maximum square footage for ministerial review to:
800 sqft plus 20% of the existing or proposed primary residence
A 4000 square foot home would get 1600 square feet,400 less than the current
ordinance. This is still a SIGNIFICANT reduction from the current ordinance for larger
residences but does not arbitrarily target larger residences.
The Design Review Process
In the April 14th Planning Commission meeting there was a sentiment expressed by multiple
commissioners summed up by this phrase. “If an ADU exceeds 1000sqft, then just go through
the existing Design Review Process”
If an applicant’s situation is best suited with an ADU that does not qualify for ministerial review
and they go through the Design Review Process are their other ADU benefits protected? For
example, benefits such as parking exemptions, general plan density requirements, setbacks or
other limitations in planned developments, HOA resistance,neighbor resistance? Would the
Design Review Board and Planning Commission ONLY look at the increased square footage
and respect the other components that would have been subject to ministerial approval? Does
the ADU get looked upon as if it were any project?
My Opinion
There are several ways to block an ADU in the Design Review Process such as just imposing
the FAR limitation from a Precise Plan or HOAs adopting new rules to block ADUs that are not
protected under ministerial review. It does not seem equitable that lot owners whose ADU
projects need to exceed one or more of the Development Standard lose all the other benefits of
the ADU laws. It is exactly this type of “discretionary review” that the law was intended to
circumvent. The Planning Commission needs to be thoughtful on how to extend this intent into
the Design Review process for projects that meet the definition of an ADU.
My Suggestion
Add to the ordinance protections for ADU projects that meet ministerial approval from the
discretion of the Design Review Process and only consider the specific variance. I propose the
following language:
A permit application that qualifies as an ADU under the definitions in this Ordinance but
does not qualify for ministerial approval due to one or more variances from either the
Guaranteed Allowance or other Development Standards shall be considered by the Design
Review Board for approval provided that any single aspect of the project that does meet the
Development Standard for ministerial review shall not be subject to the discretion of the Design
Review Board.
Height Limitation
The current ordinance addresses height in two places,first referring to ADUs that exceed the
maximum size limits:
1.Section B.7
“Guaranteed Allowance. All standards related to size,limits on lot coverage, floor
area ratio, open space and/or minimum lot size that apply to an accessory
dwelling unit shall not prohibit an accessory dwelling unit with at least and 800
square foot floor area,and height of at least 16 feet,and four-foot wide rear
yard setbacks...
2.Section B.6.a
“Accessory Dwelling Unit shall have a height limit of 15 feet”
In the proposed ordinance the section B.6 is removed entirely and new section is added:
1.Section B.10
“Height.Detached accessory Dwelling Unit shall have a height limit of 16
feet”
First, this is a good change that you clarified and constrained the height limit to “detached
ADUs” but you left out Attached ADUs.
My Opinion
If you globally restrict height to 16ft for attached ADUs you effectively limit an architect to
designing a “short-fat” attached addition, when having a “tall-skinny” attached addition may be
architecturally better, look better, function better,etc.
My Suggestion
I strongly suggest you clarify the height limitation of an Attached ADU as follows:
“Height. Attached ADU height should be up to the approved height of the existing or
proposed primary residence”
Basements
Basements are added to the definition of Attached ADUs. It should be clarified that the square
footage of a basement does not count towards the total square footage of either a Detached
ADU or Attached ADU. This precedent is already set in Municipal Code 16-100.020 -
Definitions of specialized terms and phrases under:
“Floor area, gross”
“Gross floor area shall not include the following six areas:”
5. Basements as denied in this zoning ordinance
Create ADU Incentives
The staff report from the Planning Commission dated April 14, 2021 stated after summarizing
the changes to the ordinance :
“These changes are somewhat minor however they provide clarity and flow in the
ordinance to make it easier for the public to understand the process.”
The changes being debated are not “minor”. For example,the change to square footage
would remove 1500 square feet of ministerial allowance from a 5000 square foot home.
Considering the gravity of the changes being made I believe it’s incumbent on the Planning
Commission to abide by AB-671 of the law and open up the debate for incentives:
AB-671, "Accessory dwelling units: incentives," requires that general plans incentivize
homeowners in some way to construct these ADUs and make them available for
low-to-moderate-income households to rent. While it doesn't specify what these
incentives will be, it does require local agencies to think about financial incentives and
construct a plan.
Thank you,
Mark and Ruby Monterastelli
35 Reedland Woods Way
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Subject: Consider Adoption of a Resolution Approving the TTBID Program and Authorize Levying and Collecting Assessments on Lodging Establishments
within the Tiburon Tourism Business Improvement District (TTBID) for
Fiscal Year 2021-22 Reviewed By:
_________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY Council will be holding a Public Hearing and considering adoption of a Resolution authorizing
the continuation of the assessments related to the Tiburon Tourism Business Improvement District (TTBID). RECOMMENDED ACTION(S) 1. Hold a public hearing on the proposed Resolution to Collect and Levy Assessments to fund the
TTBID Program for Fiscal Year 2021-22. 2. Determine whether there are any public protests to the proposed assessments and TTBID Program. 3. If there is no majority protest, adopt the proposed Resolution to Collect and Levy Assessments to fund the TTBID program.
BACKGROUND
The Town formed the Tiburon Tourism Business Improvement District (“TTBID”) under Parking
and Business Improvement Area Law of 1989 (“Act”). The Act requires the Town to annually approve the TTBID assessments and the activities funded by those funds. The Town has taken the first two steps in that process:
• On June 9, 2021, the TTBID Advisory Board approved its Annual Report (The Report), which included information on the TTBID’s past and projected revenues and expenditures and the proposed TTBID Program for the upcoming year. A copy of the Report is attached as Exhibit 1.
• On June 16, 2021, the Town Council adopted Resolution No. 24-2021 (“Resolution of Intention”), declaring its intention to levy and collect assessments within the TTBID and to use those assessments to fund the TTBID Program. The Resolution of Intention set these actions for public hearing on August 4, 2021.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: PH - 3
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 2
The Report recommends the Town use the TTBID assessments to continue and expand upon the initiatives started in past year. The Town would use the TTBID assessments to fund a marketing program, in consultation with the TTBID beneficiaries – the Town’s lodging establishments – and other interested parties.
ANALYSIS As explained in The Report, staff anticipates that the TTBID will begin Fiscal Year 2021-22 with a surplus of $175,081 from the prior fiscal year and raise approximately $150,000 in assessment revenue during the upcoming fiscal year. In addition to assessment revenue, the TTBID anticipates
receiving $37,500 from the Town of Tiburon, which is a portion of the Transient Occupancy Tax
collected by the Town. Staff anticipates the TTBID will expend approximately $180,000 in Fiscal Year 2019-20, with any surplus funds carried over to the next fiscal year (2022--23). The Act requires the Council to hold a public hearing on the proposed assessments and hear any
protests from interested parties. In the absence of a protest from businesses that would pay a
majority of the proposed assessments, the Council can move forward and adopt the Resolution attached to this staff report as Exhibit 2, continuing the TTBID assessments for the upcoming year. As of this date, the Town has received no protests. I would also note, the assessed parties, the
Town’s two lodging establishments, have been very supportive of the TTBID program and are
represented on the TTBID Advisory Board. FINANCIAL IMPACT Staff does not expect any new significant financial impact as a result of Council approving staff’s
recommendations. The Town will continue to fund the TTBID program from the TTBID
assessments and a portion of the Transient Occupancy Tax received by the Town. As before, the Town may retain a 1% allowance to recover its administrative costs. 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 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. Hold a public hearing on the proposed Resolution to Collect and Levy Assessments to fund the TTBID Program for Fiscal Year 2021-22. 2. Determine whether there are any public protests to the proposed assessments and TTBID Program. 3. If there is no majority protest, adopt the proposed Resolution (Exhibit 2) to Collect and Levy Assessments to fund the TTBID program.
Exhibit(s): 1. TTBID Advisory Board Annual Report 2. Draft Resolution Prepared By: Greg Chanis, Town Manager
EXHIBIT 1
TOURISM BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD REPORT
To:Mayor and Members of the Town Council
From:TTBID Advisory Board
Subject: Date:
Report of the TTBID Advisory Board report
TTBID Funding and Program;
Recommendation to Approve Report
June 1, 2021
I.BACKGROUND
The Tiburon Town Council (the Council) formed the Tiburon Tourism Business Improvement
District (“TTBID”) in 2007. The impetus behind that action was the request from Town’s two
hotels, the Lodge at Tiburon and the Water’s Edge,to join the Marin County tourism promotion
effort, which is administered by the Marin County Visitors Bureau (“MCVB”). The TTBID
originally imposed assessments of 1% of gross hotel revenue. In 2011, the Town raised the
amount of the assessment from 1% to 2% of gross hotel revenue, also at the hotels’ request.
Initially, the Town contracted with MCVB to administer the Town’s TTBID program. In 2013,
the Town re-directed the funds to a locally based business improvement effort that would focus
on the specific attractions of the Tiburon peninsula.In 2014, Destination Tiburon, a nonprofit
public benefit corporation was formed to implement the TTBID program.
The Town must also comply with the procedural laws governing business assessment districts.
Those procedural laws require an annual assessment process that begins with the TTBID
Advisory Board’s (the Board) preparing this report for the Council approval.
II.TTBID Program
A.Procedural Requirements.
The Town created the TTBID in 2007 pursuant to the Parking and Business Improvement Area
Law of 1989, Section 36500 et seq. of the California Streets and Highways Code (the “Act”).
The Act requires the Board to prepare an annual report containing the following information:
1. The improvements and activities to be provided for the upcoming fiscal year, i.e.,
the business improvement program.
2. An estimate of the cost of the business improvement program for that fiscal
year.
3. The method and basis of levying the assessment in sufficient detail to allow each
business owner to estimate the amount of the assessment to be levied
against his or her business for that fiscal year.
TOWN OF TIBURON
PAGE 1 OF 3
EXHIBIT
4. The amount of any surplus or deficit revenues to be carried over from a
previous fiscal year.
5. The amount of any contributions to be made from sources other than
assessments levied pursuant to this part.
The Council must review this report and approve it either as submitted by the Board or with
changes. Approving the report is the first step in the process of imposing assessments for the new
fiscal year.
B.Tourism Business Improvement Program.
1. Improvements and Activities
The TTBID consists of a broad-based destination marketing campaign to raise Tiburon’s profile
as a premiere location for vacations, conferences,meetings and other events. This campaign is
directed both at leisure tourists and at travel, event and conference professionals. FY2020/2021
can be typified by an intense period of strategic development and marketing planning combined
with incredibly productive phases executing the plan.
Specific activities in the fiscal year beginning in 7/1/2020 and ending 6/30/2021 consist of:
•Offer information on Covid-19 resources and maintained a Covid-19 pandemic
sensitive marketing planning.
•Photography, Video, collateral, print advertising,eBlasts, Facebook and
Instagram strategy and content
•Bring together a Tiburon Experience Network, a group of local service and experience
providers who can provide services to meeting participants.
•Create individual familiarization Trips for Travel Writers and Influencers to
deliver the unique Tiburon experience.
•Update Leisure Traveler website (DestinationTiburon.org)with new content
designed to motivate the target with unique Tiburon experiences, and to include
crowd-sourced content, including a new monthly blog dedicated to new
changes coming to town.
•Renewed distribution of collateral materials in the Consumer channel: Tiburon Guides
are distributed to guests at Tiburon hotels. These are designed to drive traffic to local
businesses and attractions. Digital advertising distributed at the Ferry Building in San
Francisco and California Welcome Centers throughout the Bay Area.
•Continue to nurture and develop partnerships with industry associations and
marketing partners to maximize existing members and customers.
•In conjunction with the Tiburon Peninsula Chamber of Commerce the build out of a
new Welcome Center in downtown Tiburon
2. Estimated cost of the TTBID Program for Fiscal Year 2021-22.
The Board expects program expenditures during Fiscal Year 2021-22 will be approximately
$175,000. Any sums remaining would be carried over to the program for Fiscal Year 2022-23.
TOWN OF TIBURONPage 2 of 3
EXHIBIT
]
3. Method and basis of assessment
The basis for the assessment will not change. When the Town created the TTBID, the MCVB
recommended that the Town calculate the assessment level as a percentage of gross receipts,
indicating that the benefit to the assessed businesses would be commensurate with those receipts.
Both of the Town’s lodging establishments supported that level of assessment. The Town
deferred to the joint expertise of the MCVB and the hotels. The hotels continue to support the
2% of gross receipts assessment and the Advisory Board accepts their judgment.
4. Surplus or deficit revenues carried over from prior fiscal year.
The Board expects the TTBID will enter Fiscal Year 2021-22 with a surplus of $175,081 carried
over from the prior fiscal year. In the upcoming fiscal year we anticipate total renewal of
$187,500. This estimated revenue figure is the combined total of an anticipated $150,000 in
assessments related to the TTBID and an additional $37,500 from the Town of Tiburon. Based
on these revenue projections and the estimated expenses noted in Section 2, the TTBID expects
to carry over a surplus of approximately $187,500 to Fiscal Year 2022-23.
The Board anticipates FY2021-22 will be a productive year, with the new welcome center and
Tiburon positioning given the current social climate.At the close of FY2022/23, marketing will
continue and the focus of the organization will be getting back to hosting groups, meeting
planning events and hotel stays.
5. The Amount of Contributions from non-TTBID Sources.
The Town contributed approximately $15,000 during the present fiscal year and, as noted in
Section 4 above, expects to contribute an increased amount in Fiscal Year 2021-22. At this
juncture, the Board does not anticipate any other contributions from outside sources. However,
the Board recommends exploring participation from local merchants that could benefit from
tourism promotion activities.
FINANCIAL IMPACT
Staff anticipates no additional financial impact to the Town, other than the contribution noted in
Section 5 above. The Town will continue to collect the 1 % administrative allowance as provided
by law. All remaining funds would be expended on the TTBID program without further
contributions from the Town.
RECOMMENDATION
The TTBID Advisory Board recommends that the Tiburon Town Council:
1. Hear public testimony and make any desired changes to the Advisory Board Report;
and
2. Move to approve a Resolution Approving the Report and take such other actions as
are necessary to set the assessments for Fiscal Year 2021-22 for a public hearing.
TOWN OF TIBURONPage 3 of 3
EXHIBIT
EXHIBIT 2
Tiburon Town Council DRAFT Resolution No. XX-2021 08/04/2021 Page 1 of 3
RESOLUTION NO. xx-2021
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON TO LEVY AND COLLECT ASSESSMENTS ON LODGING ESTABLISHMENTS WITHIN THE TIBURON TOURISM BUSINESS IMPROVEMENT DISTRICT TO FUND THE APPROVED DISTRICT PROGRAM
WHEREAS, the Parking and Business Improvement Area Law of 1989, Section 36500 et seq., authorizes counties to establish parking and business improvement areas for the purpose of promoting tourism; and
WHEREAS, the Parking and Business Improvement Area Law of 1989, Section 36500 et
seq., authorizes cities to establish parking and business improvement areas for the purpose of promoting tourism; and WHEREAS, in 2007, the Town formed the Tiburon Tourism Business Improvement
District (“TTBID”), to levy a one percent (1 %) assessment on lodging establishments within the
Town’s borders; and WHEREAS, in 2010, at the request of the Town’s two lodging establishments, the Lodge at Tiburon and the Water’s Edge Hotel (“collectively, “Town Hotels”), the Town increased the
TTBID assessment to two percent (2%) and
WHEREAS, the TTBID Advisory Board (“Advisory Board”) approved its annual report on June 9, 2021, which report sets forth the legally required program and budget information (“Annual Report”), which included the TTBID Program and which the Council reviewed and
approved on June 16, 2021; and
WHEREAS, on June 16, 2021, the Council also adopted Resolution No. 24-2021, (“Resolution of Intention”), declaring its intention to levy the TTBID Assessments, setting a public hearing on August 4, 2021 to consider any protests and directing related actions; and
WHEREAS, the Town published notice of the August 4, 2021 public hearing as required by § 36534 of the Streets and Highways Code and further provided written notice to the Town Hotels;
WHEREAS, the Town Council conducted the public hearing on the proposed TTBID
Program and assessments on August 4, 2021 pursuant to § 36524 of the Streets and Highways Code and provided all interested parties an opportunity to be heard; and WHEREAS, the Town had not received any protests to the proposed TTBID Program
and Assessments by the close of the public hearing and, having considered all public testimony,
the Town Council found that there was no majority protest that would preclude the Council from approving the TTBID program and assessments as set forth in the Resolution of Intention; and
Tiburon Town Council DRAFT Resolution No. XX-2021 08/04/2021 Page 2 of 3
WHEREAS, the Council finds that the TTBID Program will provide a direct and specific benefit to the payors that is not provided to those not charged and that the assessments will be
levied according to benefits accruing to the assess businesses to the maximum extent feasible.
The direct and specific benefit to payors will be increased sales of room nights provided through programs designed to directly benefit payors. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Tiburon does hereby resolves, determines, and finds as follows:
Section 1. The recitals set forth herein are true and correct. Section 2. The Town Council hereby approves the TTBID Program without
modification.
Section 3. The Town will levy and collect assessments within the TTBID, which is co-extensive with the corporate limits of the Town, as set forth in the Resolution of Intention. The Town will use the TTBID funds to finance and administer marketing programs as set forth
in the Annual Report, the TTBID Program and the Resolution of Intention.
Section 4. The assessment will be levied on all lodging establishments, existing and future, at a rate of 2% of gross room rental revenue. The assessment is proposed to be this percentage for the following reasons:
a. An assessment based on percentage is most fair to lodging establishments because it will cost smaller, lower service level and less expensive lodging businesses less money than it will cost larger, perhaps higher service level and higher room rate lodging businesses.
b. Benefits received by the assessed lodging businesses are likely to be proportional to their assessment, depending upon programs implemented. c. An assessment based on percentage will result in revenues that rise and fall in
reflection of greater and lesser business in an overall up or down tourism
market and world economy. d. An assessment based on percentage is direct, and easy to understand and calculate.
Section 5. New hotels within the boundaries will not be exempt from the levy of assessment pursuant to Section 36531. Section 6. Except where funds are otherwise available, the lodging business
assessment will be levied annually to pay for all improvements and activities within the TTBID
specific lodging-related and visitor services. These include, but are not limited to, Web-site construction and maintenance, including assessed hotels, providing visitor information to promote mid-week and off-season overnight lodging; management/alliances/board of directors;
Tiburon Town Council DRAFT Resolution No. XX-2021 08/04/2021 Page 3 of 3
research; sales in target markets, general advertising and administration & personnel.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on August 4, 2021, by the following vote: AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
________________________________ HOLLI THIER, MAYOR TOWN OF TIBURON
ATTEST:
__________________________________
LEA STEFANI, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Public Works
Subject: Public Hearing for Landscape and Lighting District in the Cypress Hollow Subdivision
Reviewed By:
_________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY Conduct a Public Hearing to Receive Oral and Written Comments Regarding the Landscape and
Lighting District in the Cypress Hollow Subdivision for Fiscal Year 2021/2022; and Consider
Adoption of a Resolution Confirming the Annual Assessments, and Ordering the Levy and Collection of Assessments within the Landscape and Lighting District in the Cypress Hollow Subdivision for Fiscal Year 2021/2022 RECOMMENDED ACTION(S)
1. Adopt a Resolution Confirming the Assessments and Ordering the Levy and Collection of Assessments within the Landscape and Lighting District in the Cypress Hollow Subdivision for Fiscal Year 2021/2022.
BACKGROUND
On July 3, 1990, the County of Marin established a Landscaping and Lighting District in Cypress Hollow. The County of Marin received assessments from the parcels therein for the purpose of operating and maintaining the following areas with the Cypress Hollow Subdivision: (1)
landscaping and irrigation of the 25-foot sewer sanitary easement on the east boundary, (2) entry
landscaping and irrigation of the 30-foot storm drainage easement in the southwest boundary area, and (3) ownership and maintenance of the park site.
In 1998, the residents of Cypress Hollow petitioned and received approval from the Local Agency Formation Commission for annexation from unincorporated Marin County into the
Tiburon Town Limits. Subsequent to that annexation, the Tiburon Town Council and the Marin
County Board of Supervisors passed a joint resolution transferring jurisdiction of the Cypress Hollow Landscape and Lighting District to the Town of Tiburon. The resolution also transferred the financial resources and documentation associated with operation, maintenance and funding to the Town.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting August 4, 2021
Agenda Item: PH-4
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 2 OF 3
Based on this resolution, the Town of Tiburon has maintenance responsibility for:
1. The 25-foot sanitary sewer easement landscape and irrigation on the east boundary;
2. Entry landscaping and the 30-foot storm drainage easement on the southwesterly
boundary and irrigation system; and
3. Ownership and maintenance of the park site.
Since 1998, the Town of Tiburon has continued the operation and maintenance activities of the
Cypress Hollow Landscaping and Lighting District and assessed the residents the cost thereof. At the Council meeting on June 2, 2021, the Town Council adopted a resolution ordering an Engineer’s Report for the annual assessment in the Landscape and Lighting District in Cypress Hollow. At the Council meeting on June 16, 2021, the Town Council adopted a resolution approving the annual Engineer’s Report, declaring its intent to levy and collect the assessments,
and set the time and place for a public hearing as the Town Council meeting on August 4, 2021.
ANALYSIS
In order to proceed with the renewal of the assessments, the Town needs to hold a public hearing, and adopt a resolution confirming the assessments and ordering the levy and collection of assessments for the landscape and lighting district. The Engineer’s Report for Fiscal Year
2021/2022 has been prepared and is included as Exhibit 1. The Fiscal Year 2021/2022 assessments for the District will remain the same as the Fiscal Year 2020/2021 assessments which is $378 per parcel per year. The amount of the assessment has not changed since Cypress Hollow incorporated, and the Town took over maintenance from the County in 1998.
Staff is requesting that the Council conduct a public hearing to receive oral and written comments
regarding the assessments for the Landscape and Lighting District in the Cypress Hollow Subdivision for Fiscal Year 2021/2022; and adopt a resolution confirming the assessments and ordering the levy and collection of assessments within the Landscape and Lighting District in the Cypress Hollow Subdivision for Fiscal Year 2021/2022.
If the Council confirms the assessment, then Staff will finalize the engineer’s report and complete the necessary paperwork and submit to the County assessor’s office.
FINANCIAL IMPACT
The Cypress Hollow Landscape and Lighting District assessment is necessary to offset some of
the costs of maintaining and improving the facilities in the district. Without this source of funding, these costs would be paid for solely from the General Fund.
The table below shows prior year expenditures and assessment revenues.
Description 2017/18 Actual 2018/19 Actual 2019/20 Actual 2020/21 Estimated 2021/22 Budget Contractual Services / Staff $14,000 $14,000 $173 $16,396 $14,000
Landscape Grounds & Materials $1,538 $9,793 $17,144 $4,473 $5,000
Tree Maintenance -- -- -- -- $15,000
Town Council Meeting August 4, 2021
TOWN OF TIBURON PAGE 3 OF 3
Water $951 $1,400 $2,808 $2,933 $3,000
Expenditure Total $16,489 $25,193 $20,124 $23,802 $37,000
Assessment Revenue $16,489 $16,544 $16,610 $16,632 $16,632
Excess / (Shortfall) -- ($8,649) ($3,514) ($7,170) ($20,368)
As listed in the table above, excess funds are held in the Cypress Hollow Restricted Fund to be used for special or significant rehabilitation or maintenance work, and shortfall amounts are
either funded from the Cypress Hollow Restricted Fund balance or funded from the General
Fund. In additional to routine annual maintenance activities, special tree trimming is needed about every four years at a cost of at least $6,000, and the park infrastructure needs renewal about every 20 years. In 2009, the Town spent $40,000 rehabilitating the park area.
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 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. Conduct a Public Hearing and accept oral and written comments.
2. Adopt a Resolution Confirming the Assessments and Ordering the Levy and Collection of Assessments within the Landscape and Lighting District in the Cypress Hollow Subdivision for Fiscal Year 2021/2022.
Exhibit(s): 1. Engineer’s Report for Fiscal Year 2021/2022 2. Resolution Confirming the Assessments, and Ordering the Levy and Collection of Assessments within the Landscape and Lighting District in the Cypress Hollow Subdivision for Fiscal Year 2021/2022
Prepared By: Steven Palmer, Director of Public Works/Town Engineer David O. Eshoo, Associate Engineer
EXHIBIT 1
Annual Engineer’s Report Fiscal Year 2021/2022 Final August 4, 2021
Landscaping and Lighting District, Cypress Hollow
Town of Tiburon
Marin County, California
Landscaping and Lighting Assessment District – Cypress Hollow
Annual Engineer’s Report
Fiscal Year 2021/2022
Intent Meeting: June 16, 2021
Public Hearing: August 4, 2021
Draft June 10, 2021
Annual Engineer’s Report Fiscal Year 2021/2022 Final August 4, 2021
Landscaping and Lighting District, Cypress Hollow
Landscaping and Lighting Assessment District – Cypress Hollow
Annual Engineer’s Report
Fiscal Year 2021/2022
The undersigned hereby submits the enclosed report as directed by the Town Council of the Town of
Tiburon.
Steven V. Palmer, PE
Director of Public Works/Town Engineer Town of Tiburon, Marin County, California
Date
I hereby certify that the enclosed Engineer’s Report, together with the Assessment and
Assessment Diagram thereto attached, was filed with me on the 10th day of June, 2021.
Lea Stefani, Town Clerk Town of Tiburon, Marin County, California
I hereby certify that the enclosed Engineer’s Report, together with the Assessment and Assessment
Diagram thereto attached, was approved and confirmed by the Town Council of the Town of Tiburon,
Marin County, California on the 4th day of August, 2021.
Lea Stefani, Town Clerk Town of Tiburon, Marin County, California
Annual Engineer’s Report Fiscal Year 2021/2022 Final August 4, 2021
Landscaping and Lighting District, Cypress Hollow
1. INTRODUCTION
The Town of Tiburon (Town) annually levies and collects a special assessment in the Cypress Hollow
area in order to provide and maintain improvements within the area. The Landscaping and Lighting
District in Cypress Hollow (District) was formed in 1990 by the County of Marin to provide and
continue the operation and maintenance of public improvements installed as part of the development
that benefit the properties with the District. In 1998, the Cypress Hollow subdivision was annexed into
the Town, and the Cypress Hollow Landscape and Lighting District was transferred to the Town of
Tiburon. The District was formed and assessments have been levied annually pursuant to the
Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways
Code (1972 Act).
This Engineer’s Report has been prepared pursuant to Chapter 1, Article 4 of the 1972 Act (Streets and
Highways Code Section 22565 et seq). This Report includes a description of the improvements to be
maintained and services, and an estimate of the costs to maintain and service the improvements, a
diagram for the District, and the proposed annual assessments for Fiscal Year 2020/2021. The Report
apportions the costs to each lot or parcel in proportion to the estimated special benefits to be received
from the maintenance of the improvements.
2. DESCRIPTION OF IMPROVEMENTS
The Town levies and collects assessments from the parcels in the District to maintain and service the
landscaping improvements and associated appurtenances located within the public right of way, public
lots, and dedicated easements.
The improvements maintained and serviced within the District are the following areas within the
Cypress Hollow development:
1) Landscape maintenance within the 25-foot sewer sanitary easement on the east boundary.
2) Entry landscaping and irrigation at the intersection of Cypress Hollow Drive and Bay Vista
Drive.
3) Landscape maintenance within the 30-foot storm drainage easement in the southwest boundary
area.
4) Maintenance and service of the park site located at the intersection of Cypress Hollow Drive
and Rancho Drive.
The improvements installed, maintained and serviced generally include but are not limited to: landscaping, planting, shrubbery, trees, grass other ornamental vegetation, irrigation systems, hardscapes and fixtures, ornamental structures and facilities, curbs, gutters, walls, sidewalks or paving, drainage, electrical facilities, playground equipment, shade structures, play courts, public restrooms, and paseos/trails. District funds are used for the maintenance and servicing including, but not limited to, labor, electrical
energy, water, materials, contracting services, administration, reserve, and other expenses necessary for the satisfactory maintenance and servicing of these improvements. Maintenance and servicing also includes cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the
removal of trimmings, rubbish, debris, other solid waste; and pest control; the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; and the replacement of facilities.
Annual Engineer’s Report Fiscal Year 2021/2022 Final August 4, 2021
Landscaping and Lighting District, Cypress Hollow
3. ESTIMATE OF COSTS
The estimated costs for the operation, installation, maintenance, and servicing of the facilities for Fiscal
Year 2021/2022 are shown below. The cost estimate includes anticipated water and electricity use,
materials, contract services, labor costs, and annual carryover costs.
Item Annual Cost
Annual Maintenance
Services (Contract) $14,000
Services (Labor) - (1)
Materials & Supplies $5,000
Water $3,000
Subtotal Annual Maintenance $22,000
Reserve Contribution (2)
Major Tree Trimming ($6,000 / 4 years) $15,000
Major Park Rehabilitation ($60,000 in 2029) --
Subtotal Reserve Contribution --
Annual Subtotal $37,000
Town Contribution (General Fund) $20,368
Annual Assessment $16,632
Fund Analysis
Estimated Beginning Fund Balance (7/1/2021) $8,238
Estimated Revenues $16,632
Estimated Expenditures ($16,632)
Estimated Ending Fund Balance (6/30/2022) $8,238
(1) Town is not currently tracking and billing Staff time spent on maintenance activities in
the District.
(2) Major periodic maintenance activities anticipated are listed below
4. METHOD OF APPORTIONMENT
The 1972 Act requires that the net amount to be assessed may be apportioned by any formula or method
which fairly distributes the net amount among all assessable lots or parcels in proportion to the
estimated benefits received by each lot or parcel.
Annual Engineer’s Report Fiscal Year 2021/2022 Final August 4, 2021
Landscaping and Lighting District, Cypress Hollow
The Method of Apportionment is based upon the relative special benefit derived from the improvements
and conferred upon the real property within the District over and above the general benefit conferred
upon the real property within the District or to the public at large. Landscaping, planting, shrubbery,
trees, grass and other ornamental vegetation, irrigation systems, hardscapes and fixtures, ornamental
structures and facilities, curbs, gutters, walls, sidewalks or paving, drainage, electrical facilities,
playground equipment, shade structures, play courts, paseos/trails, and appurtenant facilities, if well
maintained, confer a particular and distinct special benefit upon real property within the District by
providing beautification, shade and positive enhancement of the community character, attractiveness
and desirability of the surroundings, and easily accessible outdoor recreation opportunities.
Additionally, these amenities contribute to a specific increase in property desirability to parcels within
the District.
To apportion the estimated costs of the District during any fiscal year, each of the parcels within the
District is deemed to receive equal special benefit from the improvements. The assessment per parcel
is calculated by dividing the total assessment amount by the total number of parcels within the District
to determine the annual assessment amount per parcel.
5. PROPOSED ASSESSMENT FOR FISCAL YEAR 2021/2022
The Fiscal Year 2021/2022 assessments for the District will remain the same as the Fiscal Year
2020/2021 assessments which is $378 per parcel per year. The amount of the assessment has not
changed since Cypress Hollow annexed into Tiburon and the Town took over maintenance from the
County in 1998.
The assessment calculation is shown in the table below.
Total Annual Assessment $16,632
Number of Assessed Parcels 44
Annual Assessment per Parcel $378
6. ASSESSMENT DIAGRAM
An assessment diagram for the District is included on the following page. The parcels within the District
consist of all lots, parcels and subdivisions of land within these boundaries as described in this Report
and shown on the Marin County Assessor's parcel maps. The lines and dimensions shown on the Marin
County Assessor's parcel maps for the current year are incorporated herein by reference and made part
of this Report. The following diagram shows the boundaries of the District for Fiscal Year 2021/2022.
This diagram along with the Assessment Roll incorporated in this Report constitutes the District
Assessment Diagram for Fiscal Year 2021/2022.
Annual Engineer’s Report Fiscal Year 2021/2022 Final August 4, 2021
Landscaping and Lighting District, Cypress Hollow
7. FISCAL YEAR 2021/2022 ASSESSMENT ROLL
The Fiscal Year 2021/2022 assessment roll for the District is shown in the following table and will be
forwarded to the County upon completion of the public hearing process.
APN ADDRESS AMOUNT APN ADDRESS AMOUNT
034-012-56 220 Rancho Drive $378.00 034-394-01 10 Monterey Drive $378.00
034-012-57 110 Monterey Drive $378.00 034-394-02 20 Monterey Drive $378.00
034-392-02 10 Cypress Hollow $378.00 034-394-03 30 Monterey Drive $378.00
034-392-03 20 Cypress Hollow $378.00 034-394.04 40 Monterey Drive $378.00
034-392-04 30 Cypress Hollow $378.00 034-394-05 50 Monterey Drive $378.00
034-392-05 40 Cypress Hollow $378.00 034-394-06 60 Monterey Drive $378.00
034-392-06 50 Cypress Hollow $378.00 034-394-07 70 Monterey Drive $378.00
034-392-07 60 Cypress Hollow $378.00 034-394-08 80 Monterey Drive $378.00
034-392-08 70 Cypress Hollow $378.00 034-394-09 90 Monterey Drive $378.00
034-392-09 80 Cypress Hollow $378.00 034-394-10 100 Monterey Drive $378.00
034-392-10 145 Rancho Drive $378.00 034-394-11 60 Baccharis Place $378.00
034-393-01 110 Rancho Drive $378.00 034-394-12 50 Baccharis Place $378.00
034-393-02 120 Rancho Drive $378.00 034-394-13 40 Baccharis Place $378.00
034-393-03 130 Rancho Drive $378.00 034-394-14 30 Baccharis Place $378.00
034-393-04 140 Rancho Drive $378.00 034-394-15 20 Baccharis Place $378.00
034-393-05 150 Rancho Drive $378.00 034-394-16 10 Baccharis Place $378.00
034-393-06 160 Rancho Drive $378.00 034-394-18 185 Rancho Drive $378.00
034-393-07 170 Rancho Drive $378.00 034-395-01 35 Monterey Drive $378.00
034-393-08 180 Rancho Drive $378.00 034-395-02 45 Monterey Drive $378.00
034-393-09 190 Rancho Drive $378.00 034-395-03 55 Monterey Drive $378.00
034-393-10 200 Rancho Drive $378.00 034-395-04 65 Monterey Drive $378.00
034-393-11 210 Rancho Drive $378.00 034-395-05 75 Monterey Drive $378.00
EXHIBIT 2
Page 1 of 1 Town Council Resolution No. XX-2021 DRAFT 08/04/2021
DRAFT RESOLUTION NO. XX-2021 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CONFIRMING THE ANNUAL ASSESSMENTS AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPE AND LIGHTING DISTRICT IN CYPRESS HOLLOW FOR FISCAL YEAR 2021/2022 WHEREAS, on June 2, 2021, the Town Council of the Town of Tiburon adopted a resolution ordering an Engineer’s Report for the annual assessments in the Landscape and Lighting
District in Cypress Hollow; and
WHEREAS, on June 16, 2021 the Town Council of the Town of Tiburon adopted a resolution approving the Engineer’s Report and setting a Public Hearing regarding confirmation of the assessments for the Regular Town Council Meeting of August 4, 2021; and
WHEREAS, Staff caused the notice of the Public Hearing to be published in The Ark a newspaper of general circulation in the Town of Tiburon, one time, pursuant to Government Code Section 6061, not less than ten (10) days prior to the date of the Hearing;
WHEREAS, the Town Council of the Town of Tiburon held a Public Hearing regarding
confirmation of the assessments at the Regular Council Meeting of August 4, 2021. NOW THEREFORE IT IS RESOLVED, as follows:
Section 1. The Town Council confirms the assessment diagram and assessments as set forth
in the Engineer’s Report for Fiscal Year 2021/2022. Section 2. The Town Council orders the levy and collection of assessments as set forth in the Engineer’s Report for Fiscal Year 2021/2022.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, on August 4, 2021, by the following vote: AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS: _________________________________
HOLLI THIER, MAYOR
TOWN OF TIBURON ATTEST:
___________________________________
LEA STEFANI, TOWN CLERK