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Home My WebLink AboutTC Agd Pkt 2022-05-04 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council May 4, 2022 Regular Meeting 5:00 P.M. TIBURON TOWN COUNCIL AGENDA CORONAVIRUS (COVID-19) ADVISORY NOTICE Consistent with Government Code section 54953(e), 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/87601482256 Webinar ID: 876 0148 2256 Call-in Number: +1 669 900 6833 Access Code: 876 0148 2256 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. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner 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. ANNOUCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY PRESENTATIONS P-1. Introduction of New Town Staff – Troy Bassett, Accounting & Finance Manager 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. Municipal Code Amendments – Adopt amendments to Chapter 15 (View and Sunlight Obstruction from Trees) of the Tiburon Municipal Code related to view dispute resolution (Community Development Department) CC-2. Public Works Week Resolution – Adopt resolutions commemorating Public Works Week (Public Works Department) CC-3. National Peace Officers Week Resolution – Adopt Mayors Proclamation commemorating National Peace Officers Week (Police Department) ACTION ITEMS AI-1 Main Street Closure- Consider approval of Main Street closure on June 18 as part of a Special Event application for a Mid-Summers Eve Celebration. AI-2. Digital Marin Strategic Plan – Consider adoption of a resolution that would approve the Digital Marin Strategic Plan (Office of the Town Manager) PUBLIC HEARINGS PH-1. Municipal Code Amendments – Consider amendments to Chapters 14 (Subdivision of Land) and 16 (Zoning) of the Tiburon Municipal Code related to the implementation of Senate Bill 9 regulations regarding two-unit housing developments and urban lot splits within single family residential zones – Introduction and first reading of ordinance (Community Development Department) DISCUSSION ITEMS DI-1. Virtual Public Meetings – Discuss the potential for return to in-person public meetings (Department of Administrative Services) 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. TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Community Development Subject: Recommendation to Approve final adoption of Ordinance No. ____: Approving Amendments to Title IV, Chapter 15 of the Tiburon Municipal Code (View and Sunlight Obstruction from Trees) Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Adopt the attached Ordinance amending Title IV, Chapter 15 of the Tiburon Municipal Code (View and Sunlight Obstruction from Trees) RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Move to waive a second reading of Ordinance No.____ and adopt the ordinance. BACKGROUND The Town Council considered this ordinance at a Public Hearing on May 4, 2022. At the hearing, Council received a staff report and took public comment. After closing the public hearing, the Town Council discussed the matter and voted unanimously to: Read the ordinance by title only, waive any additional readings, and schedule adoption of the ordinance at the next regular meeting of the Council. The item now comes before the Town Council for final approval and adoption. This is a consent calendar item. The Council’s motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance attached as Exhibit 1. Each Councilmember’s vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items (if any) on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 4, 2022 Agenda Item: CC-1 Town Council Meeting February 16, 2022 TOWN OF TIBURON PAGE 2 OF 2 ANALYSIS No further analysis provided FINANCIAL IMPACT The proposed ordinance includes language offering 1 hour of Town paid mediation. However, given the lack of information regarding the number of claims/year and the hourly rate for mediators, it is very difficult to predict what those costs would be. If the change is adopted by Council, staff would anticipate proposing a modest line item ($5,000) in the Town’s Operating Budget to track the expense. 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. Move to waive a second reading of Ordinance No.____ and adopt the ordinance. Exhibit(s): 1. Draft Ordinance No. ______ Prepared By: Dina Tasini, Director of Community Development EXHIBIT 1 ORDINANCE NO. XXX N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE IV, CHAPTER 15 OF THE TIBURON MUNICIPAL CODE (VIEW AND SUNLIGHT OBSTRUCTION FROM TREES) The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. A. The Town Council adopted its current View and Sunlight Obstruction from Trees regulations in 1991, codified as Title IV, Chapter 15 of the Municipal Code. B. The Town Council has received information that there is a need for more detailed information to be provided by a tree claimant about the scope of any tree claim prior to making an offer for mediation. Additional amendments are proposed to the reconciliation provisions and the mediation provisions to address this need and to encourage the parties to resolve any dispute with a third party mediator. C. The Town Council held a public hearing on April 20, 2022, and has heard and considered any and all public testimony on this matter. D. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. E. The Town Council finds that the amendments made by this Ordinance are necessary for the protection of the public health, safety, and welfare, and that the amendments will have no deleterious effect on future use of the regulations for their intended purposes. F. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. G. The Town Council finds that adoption of this ordinance 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). Section 2. Adoption of Amendments to the Tiburon Municipal Code. Title IV, Chapter 15 of the Tiburon Municipal Code is amended as follows: A. Section 15-9 of the Tiburon Municipal Code is hereby amended to read as follows: The following process shall be used in the resolution of view and sunlight obstruction disputes between parties. (a)(1) Initial reconciliation. A complaining party who believes that tree growth on the property of another has caused unreasonable obstruction of views or sunlight from the primary living area or active use area shall notify the tree owner in writing of such concerns. Any such writing shall include, at a minimum, the following information: a. A description of the nature and extent of the alleged obstruction; b. The location of all trees alleged to cause the obstruction; and c. The specific restorative action proposed by the complaining party to resolve the unreasonable obstruction. (2) The notification should, if possible, be accompanied by personal discussions to enable the complaining party and tree owner to attempt to reach a mutually agreeable solution. If personal discussions fail, neighborhood associations may be willing to assist with the resolution of the obstruction dispute. (3) For trees located on town-owned property, see section 15-16. (b)(1) Mediation. If the initial reconciliation attempt fails, the complaining party shall propose mediation as a timely means to settle the obstruction dispute no earlier than thirty days from providing the notice under subdivision (a)(1) above. (2) Acceptance of mediation by the tree owner shall be voluntary, but the tree owner shall have no more than thirty days from service of notice to either accept or reject the offer of mediation. If mediation is accepted, the parties shall mutually agree upon a mediator within twenty days of the acceptance of mediation, or the offer of mediation shall be deemed to have been declined. Should the parties agree to mediation, and the parties sign a waiver as approved by the Town Attorney, the parties may jointly request from the Town a list of recommended mediators. If the Town receives a joint request, the Town will provide a list of three recommended mediators to the parties, and pay for one hour of the selected mediator’s time spent attempting to resolve the disputed claim. (3) It is recommended that the services of a professionally trained mediator be employed. (4) The mediation meeting may be informal. The mediation process may include the hearing of viewpoints of lay or expert witnesses, and shall include a site visit to the properties of the complaining party and the tree owner. Parties are encouraged to contact immediate neighbors and solicit input. (5) The mediator shall consider the purposes and policies set forth in this chapter in attempting to help resolve the dispute. The mediator shall not have the power to issue binding orders for restorative action, but shall strive to enable the parties to resolve their dispute by written agreement in order to reduce the potential for litigation. B. Section 15-12 of the Tiburon Municipal Code is hereby amended to read as follows: (a) In those cases where the initial reconciliation process fails, and mediation is either declined by the tree owner or fails, then civil action may be pursued by the complaining party for resolution of the view or sunlight obstruction dispute under the rights and provisions of this chapter relating to the issues as specified in writing under Section 15- 9(a)(1). (b) The litigant must state in the lawsuit that initial reconciliation failed and that mediation was either declined by the tree owner or failed, and that a copy of the lawsuit was filed with the town attorney. A copy of any order or settlement in the lawsuit shall also be filed with the town attorney. Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. 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 April 20, 2022, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on ______, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ______________________________ JON WELNER, 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: Adopt Proclamation Declaring May 15-21, 2022 as National Public Works Week Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider adoption of a Mayors Proclamation honoring our Public Works employees by declaring May 15-21, 2022 as National Public Works Week. RECOMMENDED ACTION(S) 1. Adopt the attached Mayor’s Proclamation (Exhibit 1). BACKGROUND 2022 marks the 62nd annual National Public Works Week, sponsored by the American Public Works Association. In honor of the many contributions made by our public works employees here in Tiburon, Council is being asked to adopt the Mayor’s Proclamation (Exhibit 1) which designates May 15-21, 2022 as National Public Works Week. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by adoption of this Proclamation. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 4, 2022 Agenda Item: CC-2 Town Council Meeting May 4, 2022 TOWN OF TIBURON PAGE 2 OF 2 Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, 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 Proclamation. Exhibit(s): 1. Mayor’s Proclamation Prepared By: Patrick Kerslake, Superintendent of Public Works EXHIBIT 1 Page 1 of 1 Mayor’s Proclamation: Public Works Week 05/04/2022 TOWN OF TIBURON MAYOR’S PROCLAMATION National Public Works Week May 15 – 21, 2022 “Ready and Resilient” WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of the Town of Tiburon; and WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders and children in the Town of Tiburon to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and WHEREAS, the year 2022 marks the 62st annual National Public Works Week sponsored by the American Public Works Association. NOW THEREFORE, I, Mayor Jon Welner, do hereby designate the week May 15 – 21, 2022 as National Public Works Week; I urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life. JON WELNER, MAYOR TOWN OF TIBURON TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Police Department Subject: Recommendation to Adopt Mayors Proclamation Declaring May 15-21, 2022 as National Police Week. Reviewed By: _________ Greg Chanis, Town Manager _________ Benjamin Stock, Town Attorney SUMMARY Staff requests that Council consider the adoption of a proclamation honoring our Tiburon Police Department staff members by declaring May 15-21, 2022, as National Police Week. RECOMMENDED ACTION(S) 1. Move to approve the adoption of the attached Mayor’s Proclamation. 2. Direct Staff to display the United States flag at all Town facilities to half-staff pursuant to 36 U.S. Code § 136 on May 15th in observance of National Peace Officer Memorial Day. BACKGROUND In 1962, President Kennedy proclaimed May 15th as National Peace Officer Memorial Day and the calendar week in which May 15th falls as National Police Week. National Peace Officer Memorial Day honors law enforcement officers who lost their lives in the line of duty, and National Police Week recognizes America’s law enforcement community for their critical role in ensuring public safety. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by adoption of this proclamation. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 4, 2022 Agenda Item: CC-3 Town Council Meeting [MEETING DATE] TOWN OF TIBURON PAGE 2 OF 2 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: 3. Move to approve the adoption of the attached Mayor’s Proclamation. 4. Direct Staff to display the United States flag at all Town facilities to half-staff pursuant to 36 U.S. Code § 136 on May 15th in observance of National Peace Officer Memorial Day. Exhibit(s): Mayor’s Proclamation Prepared By: Ryan Monaghan, Chief of Police EXHIBIT 1 Page 1 of 1 Mayor’s Proclamation: National Police Week 05/04/2022 TOWN OF TIBURON MAYOR’S PROCLAMATION National Police Week May 15 – 21, 2022 To recognize National Police Week 2022 and to honor the service and sacrifice of those law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy. WHEREAS, there are more than 800,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Tiburon Police Department; WHEREAS, since the first recorded death in 1786, more than 23,000 law enforcement officers in the United States have made the ultimate sacrifice and have been killed or died in the line of duty, including Sergeant John E. Kim of the Tiburon Police Department, who died of a massive heart attack while on- duty in 1979; WHEREAS, the names of multiple dedicated public servants, who made the ultimate sacrifice, are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, DC; WHEREAS, 619 new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 472 officers killed in 2021 and 147 officers killed in previous years; WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Officers Memorial Fund’s 34th Candlelight Vigil, on the evening of May 13, 2022; WHEREAS, National Police Week will be observed this year, May 15-21; WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families and U.S. flags should be flown at half-staff; THEREFORE, BE IT RESOLVED that the Town of Tiburon Town Council will observe May 15-21, 2022, as National Police Week in the Town of Tiburon, and publicly salutes the service of law enforcement officers in our community and in communities across the nation. JON WELNER, MAYOR 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 Consider Approval of Main Street Closure on June 18 as Part of a Special Event Application for a Midsummers Eve Celebration Reviewed By: _________ Greg Chanis, Town Manager _________ Benjamin Stock, Town Attorney SUMMARY The Council will discuss approval of a Main Street closure on June 18 as part of a Special Event application for a Midsummers Eve Celebration. RECOMMENDED ACTION(S) Staff Recommends Town Council: 1. Approve closure of the Ark Row portion of Main Street from 1PM-7:30PM for the Midsummers Eve Celebration, June 18, 2022, or 2. If Council is not prepared to make a decision at this time, direct staff as to what information is necessary for Council to consider the request at a future meeting, or 3. Deny the request for the proposed street closure. BACKGROUND In June 2021, a Midsummers Eve Celebration was held on Ark Row. The event took place entirely on private property owned by Zelinsky Properties, with no street closure requested for the event. The number of attendees was approximately 250. Entertainment, food, and beverages were served. The sponsor was the British Benevolent Society, with the Trinity House Gallery providing assistance on production of the event. Set-up and clean up were managed adequately and privately. For this year, the British Benevolent Society has submitted a Special Event Application, which is attached as Exhibit 1. The application includes a request to close a portion of Main Street from 1PM to 7:30PM on Saturday June 18. This would provide for entertainment to be held in a larger area as well as pop-up tents and an expanded area for people to move about. A crowd of approximately 225 is expected. ANALYSIS A closure between 72 Main Street and 118 Main Street would allow for access to Corinthian Island at Bellevue Avenue and exit from the Island at Eastview Ave and Main Street. A street plan layout is attached as Exhibit 2. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 4, 2022 Agenda Item:AI-1 Town Council Meeting [MEETING DATE] TOWN OF TIBURON PAGE 2 OF 3 The sponsor and supporting group will have an ABC license for the serving of alcohol and their own private security for control of same. The group is asking for barricade setup/take down assistance from the Town. The group has their own trash and clean up protocol. The group will provide insurance naming the Town as required. With regards to the timing of the event, staff would note the following: • If approved, this event will coincide on June 18 with the Classic Car Show event that will take place on Paradise Drive/Shoreline Park which requires the closure of Paradise Drive (with a detour on Mar West) from 8AM to 4PM. • The proposed event will also coincide with the grand opening of the Cinelounge located at the entrance to the Ark Row parking lot. No road closure has been requested for this event. • A request for the Juneteenth event, being held on June 17 with a Main Street closure at the corner of Tiburon Blvd. and Main Street down to the round-about at the end of Main Street is expected. At the time of the writing of this Staff Report, staff had not received comments on the application from Tiburon Fire District. Staff anticipates providing additional information regarding the event at the time of the Council meeting. 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. Approve closure of the Ark Row portion of Main Street from 1PM-7:30PM for the Midsummers Eve Celebration, June 18, 2022, or 2. If Council is not prepared to make a decision at this time, direct staff as to what information is necessary for Council to consider the request at a future meeting, or 3. Deny the request for the proposed street closure. Town Council Meeting [MEETING DATE] TOWN OF TIBURON PAGE 3 OF 3 Exhibit(s): 1. Special Event Application Prepared By: Patti Pickett, Admin. Office Assistant EXHIBIT 1 EXHIBIT 2 BBS Tiburon Street Plan for Midsummer Festival June 18, 2022 E A B 1 2 3 4 5 5 x jazz musicians 6 7 8 9 B B A A V A 10'x10'10'x10'10'x10'10'x10'10'x10'MUSIC 10'x10'10'x10'10'x10'10'x10'A E V S E R AREA (NO STAGE)R L E T N R R V N Not to scale V U I I E U Musicians located center of I E C PIPERS & DANCERS FOR OPEN & CLOSE PAVEMENT C D E red carpet and 10'x10' tents E A ARC ROW A E spread out evenly to left and right from the W D D R musicians E {-----------------------------------------------------------------------------------------------------VINTAGE CARS ----------------------------------------------------------------------------------E E RED 0 CARPET 0 0 0 FINAL AREA FOR SIDE WALK PIPERS & END OF DAY ARC ROW RAFFLE AREA TRINITY TASTING ROOM x x x x x x GALLERY LOLA'S 72 Main Street x x x x x x #82 Main Street Tiburon #110 Main St 1 BBS (1 of 2) - Check-in for ID Check issue Wrist Bands 2 BBS Beer tent 3 BBS Wine tent 4 BBS Raffle sales & prize display (2 tables) 5 BBS Donations, Membership, Swag & Water sales 6 Luna Blu food sales 7 Robinson sales (own tent & furniture) tbc 8 Pop-UP sales (own tent & furniture)TBC 9 BBS (2 of 2) - Check-in for ID Check issue Wrist Bands x = chairs 12 chairs 0 = high tops # = speakers TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Adoption of a Resolution in Support of the County of Marin’s ‘Digital Marin Strategic Plan’ Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Town Council is considering approval of a Resolution in support of the ‘Digital Marin Strategic Plan’ recently adopted by the County of Marin Board of Supervisors (BOS). A copy of the plan is attached as Exhibit 1. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Move to approve a Resolution (Exhibit 2) in support of the County of Marins ‘Digital Marin Strategic Plan’ BACKGROUND In 2019, the County of Marin Board of Supervisors (BOS) approved one-time funding for development of a countywide digital infrastructure strategic plan (Strategic Plan). The initiative, known as Digital Marin, was a collaborative effort involving representatives from every sector including residents, business, education, government, healthcare, non-profits, utilities, and technology providers. From the outset, the project envisioned a future where everyone in Marin has access to affordable, reliable, resilient, and safe broadband with robust devices, technical support, and the digital literacy needed to take part in an ever- increasing digital world. This vision also included serving residents, businesses, and other organizations better through public and private collaborations and sharing of data and resources. A copy of the completed Strategic Plan is attached as Exhibit 1. The COVID-19 pandemic highlighted many issues facing students, households in underserved areas, older adults and people with disabilities, and other individuals facing barriers to using the internet. The Digital Marin project involved a needs assessment to define where Marin is TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 4, 2022 Agenda Item: AI- 2 Town Council Meeting [MEETING DATE] TOWN OF TIBURON PAGE 2 OF 3 experiencing the digital divide, which includes certain areas of the County outside of Tiburon, as well as many older adults and persons with disabilities. The Strategic Plan includes several strategies to move Marin to a better digital future by creating leadership, governance, collaboration, and actions that advance broadband deployment and digital adoption. There was extensive public outreach including work groups and surveys that resulted in feedback from over 3,000 Marin residents, business owners, community advocates, and employees from government, education, and other industries. Digital Marin did receive concerns from residents regarding wireless technology and the Strategic Plan includes consideration of “all options including underground and aerial fiber, fixed wireless, wave broadband, satellite, and other available and emerging technologies” to assist with deployment of universally accessible public and public/private broadband service. On February 1, 2022, the BOS voted unanimously to adopt the Strategic Plan, and on March 21, 2022, staff received a request from the County for the Town Council to consider adopting a Resolution in support of The Strategic Plan. Accordingly, staff has provided a draft Resolution which is attached as Exhibit 2. ANALYSIS The Town’s support of the Strategic Plan will help Marin County advocate for implementation of the program and help position the County to obtain funding for actions in the Strategic Plan. Adopting the Resolution does not result in a financial commitment, nor does it commit the Town to any specific course of action. It does, however, demonstrate Tiburon’s commitment to work collaboratively, whenever it makes sense, on digital inclusion efforts and innovative connectivity solutions, especially in communities most impacted by the digital divide. 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: Town Council Meeting [MEETING DATE] TOWN OF TIBURON PAGE 3 OF 3 2. Move to approve a Resolution (Exhibit 2) in support of the County of Marins ‘Digital Marin Strategic Plan’ Exhibit(s): 1. Digital Marin Strategic Plan 2. Draft Resolution Prepared By: Greg Chanis, Town Manager EXHIBIT 1 DIGITAL MARIN STRATEGIC PLAN TABLE OF CONTENTS Introduction ...........................................................................................1 Guiding Principles .................................................................................3 Methodology ........................................................................................4 Existing Assets ......................................................................................5 Marin’s Digital Needs ...........................................................................7 Marin’s Digital Roadmap .....................................................................8 Goal 1 - High-quality broadband is available to everyone in Marin .....................................................................9 Strategy: Assist with the deployment of universally accessible public and public/private broadband services throughout Marin ......................................................................11 Strategy: Improve the quality, reliability, resiliency, and safety of Marin’s broadband services ............................................12 Strategy: Increase access to affordable broadband service .....................................................................................13 Goal 2 - Everyone in Marin can take advantage of all online opportunities ...............................................................14 Strategy: Coordinate and expand digital literacy training in Marin .........................................................................................15 Strategy: Expand community-based programs to provide end user devices and support ...................................................16 Strategy: Help organizations create easy to use digital services that work for everyone .................................................18 Goal 3 -Marin has a high rate of digital adoption that benefits everyone ................................................................19 Strategy: Improve privacy, security, and digital accessibility across Marin .........................................................................20 Strategy: Address barriers through education and community problem solving ............................................................21 Strategy: Increase public value from investments in technology .......................................................................22 Goal 4 -Marin has a communitydriven organization with amission of broadband for all ..........................................24 Strategy: Obtain funding and create an independent operating entity ..........................................................................................25 Getting There .......................................................................................27 Risk and Impact Analysis...................................................................28 Timeline .................................................................................................29 Initiatives to Bridge the Digital Divide ...........................................30 Appendices ...........................................................................................31 1 - Needs Assessment Report 2 - Magellan Conceptual Network Design 3 – Executive Steering Committee 4 - Project Administration Founding Partners ..............................................................................32 Requests for disability accommodations may be made by phoning 415-473-6309 (Voice), CA Relay 711 or by e-mail at Digital@MarinCounty.org. Copies of documents are available in alternative formats, upon request. Executive Steering Committee Ann Mathieson Chief Executive Officer Marin Promise Partnership Bruce Vogen Research Analyst Marin Resident Elise Semonian Planning Director Town of San Anselmo Javier Trujillo Chief Assistant Director Marin County Information Services and Technology Jessica MacLeod Director, Digital Service and Open Government City of San Rafael Johnathan Logan Vice President, Community Engagement Marin Community Foundation Liza Massey Chief Information Officer Marin County Michael Frank Executive Officer Marin General Services Agency Mike Blakeley Chief Executive Officer Marin Economic Forum Rebecca Woodbury Former Director City of San Rafael Ross Millerick Director, IT Management and Lecturer Golden Gate University Novato USD Trustee Sarah Jones Former Director Marin County Free Library Jeff Daniel Project Manager Marin County Information Services and Technology Abbie Ridenour Education Pioneers COVID Response Fellow Marin Promise Partnership Aidan Vermeulen Former College Intern Marin County Information Services and Technology Project Team Daniella Baker Administrative Support Marin County Information Services and Technology Nina Bell Administrative Support Marin County Information Services and Technology 1 INTRODUCTION The internet is a fundamental element of our lives. From our economy to educa-tion, it provides us with access to opportunities and critical services. The COVID pandemic and other recent disruptive events underscore Marin’s need to end internet access inequities and bridge the digital divide - the economic, educa-tional, and social inequalities between those who have computers and online access and those who do not have it. Students need reliable home connections for distance learning. Families need online access to information and support services. Our businesses and growing remote workforce demand more from internet providers to remain competitive. High speed internet has become equal to water and electricity. In June 2019, the Marin County Board of Supervisors approved the development of a Digital Infrastructure Strategic Plan, which became the Digital Marin project. At the same time, the Marin County Civil Grand Jury released the Marin’s Telecommunications Disconnect Report underscoring the need for improved leadership and coordination of telecommunications efforts. Digital Marin became a collaborative effort involving representatives from every sector including residents, business, education, government, healthcare, non-profits, utilities, and technology providers. From the outset, the project envisioned a future where everyone in Marin has access to universally available, affordable, reliable, resilient, and safe broadband with robust devices, technical support, and the digital literacy needed to take part in an ever increasing digital world. This vision also included serving residents, businesses, and other organizations better through public and private collaborations and sharing of data and resources. The needs assessment findings solidified our belief that access to high-speed internet is crucial for participation in today’s society, but barriers exist. The digital needs assessment process was conducted through community outreach. This approach created collaborations among Marin’s residents, busi-nesses, and public and private sectors that will serve us well moving forward. It confirmed that the price and availability of internet services in Marin are consistent with other Bay Area counties. With that said, our consultants, Magellan Advisors, found that despite Marin County’s position next to a global technology hub, the number of entities owning network infrastructure, and the relative affluence of our population, the County has few network assets. They also found that internet access infrastructure and broadband options are no better than most other communities across the country. The findings solidified our belief that access to high-speed internet is crucial for participation in today’s digital society, but barriers exist for some residents. Residents and businesses without broadband service most often cited the lack of availability and cost of service as reasons for not having it. 2 The needs assessment also better defined where Marin is experiencing the digital divide. While residents in five geographic areas - the Canal Neighborhood, Marin City, two areas in Novato, and West Marin – most disproportionally experience it, so do Marin’s older adults and persons with disabilities. Findings also showed that lack of availability or competitive options, inconsistent service levels and pricing, and other barriers exist to varying degrees in Marin, even in affluent areas, and the need for improved digital literacy, better devices, and increased digital adoption cuts across all socio-economic groups. These findings influenced the Plan’s focus on equity. Details about the findings from the needs assessment and gap analysis are available in the Digital Marin Needs Assessment Report. (See Appendix 1) Marin’s physical access to the internet has been left in the hands of private com-panies that are not required and do not provide universal service. This approach is not unusual for counties of all sizes and geographic makeup. It created the lack of competition, service gaps in less profitable areas like West Marin, and other outcomes we found. For example, the telecommunications industry is currently advertising “5G” as an alternative to wired internet. Based on past experience, this new technology will be installed where providers expect the highest return on investment, not where the systems are most needed in Marin, such as the Canal area. Hands on leadership at the local level, backed by State and Federal government and partnerships with the private sector, are needed to solve our problems and meet local digital needs. Achieving Digital Marin’s vision also requires collabora-tion, time, funding, policies, programs, and a continued commitment particularly to those areas of Marin that are deemed un- or under-served by Federal and State laws. Establishing a community driven operating entity, launched and incubated within the County of Marin organization but supported by all sectors, is vital to success. Actions taken to implement the Plan must include transparent tracking and reporting of performance, disaggregated by factors like race, age, and income, to ensure that resources are equitably applied especially to those with the most need. This Plan includes key performance indicators (KPIs) - quantifiable mea-sures that gauge progress - that will be further refined during implementation of the Plan. Progress will be measured and reported using these KPIs. This Strategic Plan is the roadmap to move Marin from where we are today to a better digital future by creating leadership, governance, collaboration, and actions that advance broadband deployment and digital adoption. Creation of the Plan was made possible by members of the Executive Steering Committee, Work Groups, Project Team, and the project’s consultant, Magellan Advisors. It is better because of the advice, input, and feedback of over 3,000 Marin residents, business owners, community advocates, and employees from government, education, and other industries. 3 GUIDING PRINCIPLES From inception through completion of this Strategic Plan, the Digital Marin project followed four guiding principles. Broadband for All Inclusive & Equitable Community Driven Forward Thinking The digital divide is closed so every resident, community, and organization in Marin can take advantage of all digital opportunities and resources. Digital projects and initiatives are inclusive and equitable, involving and benefiting all of Marin’s communities and sectors. Digital solutions are community driven to address what communities say is important. Digital projects are forward thinking with near-term wins and long-term gains. 4 PROJECT APPROACH Development of the Strategic Plan was managed as a project with a project plan, proj-ect manager, tasks, timeline, and monthly reporting. Project leadership provided by an Executive Steering Committee. Marin Managers Association served as project sponsors. COMMUNITY INVOLVEMENT Community outreach resulted in more than 3,700 touch points, including 12 surveys and more than 70 meetings, focus groups, briefings, and interviews. Touch points also included providing comments, subscribing to the weekly newsletter, and participating as stakeholders, community advocates, or subject matter experts. ASSET INVENTORY The Project’s consultant, Magellan Advisors, conducted an inventory, assessment, and gap analysis of Marin’s network assets and services. Magellan Advisors provided findings and recommendations including a phased, conceptual network design. NEEDS ASSESSMENT Community needs were used to develop a Needs Assessment Report that identified seven (7) digital needs. The Report was made available for public comment, updates were made, and the final Report is posted on the GoDigitalMarin website. BEST PRACTICES Plans and projects from other government entities were reviewed, and we participated in development of the California State Broadband Action Plan. We participated in workshops and other forums conducted by the FCC, CPUC, Smart Cities Connect, and other organizations, and are members of NBNCBC and NATOA. ADOPTION AND ENDORSEMENT The Strategic Plan was made available for public comment, updates were made, and the final Plan is posted on the GoDigitalMarin website. We are seeking adoption or endorsement by boards, councils, commissions, and other leadership bodies for organizations in all sectors. METHODOLOGY 5 EXISTING ASSETS The project’s consultant, Magellan Advisors, conducted an inventory and gap analysis of Marin’s digital infra- structure. They found a significant discrepancy between factors typically associated with well-connected regions and what was found in Marin. According to Magellan Advisors, Marin County has numerous private and public players in the network infrastructure and services space. In contrast, network assets and services are quite modest, particularly in comparison to leading communities, many of which are less affluent and densely populated, and much farther from major tech hubs than Marin. While these findings and the information obtained through surveys, interviews, and focus groups outline the challenges faced in achieving Digital Marin’s vision, we have existing assets to build upon. Infrastructure - California Open-Access Middle Mile Network (proposed) - California Research and Education Network (CalREN) - Commercial middle mile and backhaul networks - Incumbent providers’ networks - Light and telephone poles - Magellan Advisor’s Recommended Conceptual Network Design - Marin Emergency Radio Authority (MERA) - MIDAS - Public Benefit Fiber in SMART easement - San Rafael Fiber Network - Satellite service - Towers Collaborations - Bolinas-Stinson Union School District Connectivity Committee - Canal Neighborhood Wi-Fi Project - Digital Marin Project - Marin City Free Internet - Marin General Services Authority (MGSA) - Marin Broadband Taskforce - Marin Information Security Collaboration - Nicasio Broadband Network Project - North Bay/North Coast Broadband Consortium - Shoreline Connectivity Project 6 Data Sharing - Community Information Exchange Movement - Integrated Justice System - MarinMap - Marin Promise Partnership Funding Sources - California Advanced Service Fund Grant - Community Foundations - Federal Recovery and Infrastructure Funds - Private Donors - State Broadband Funds 7 MARIN’S DIGITAL NEEDS The Digital Marin project conducted community outreach by dividing Marin’s stakeholders into sectors and assigning at least one (1) member of the project’s Executive Steering Committee as a liaison to each. The seven sectors are: busi-ness and economic development; education; government and emergency man-agement; health and community based organizations; internet, communication and technology providers; planning, transportation, public works, and utilities; and residents. The individual findings for each sector were analyzed and combined into a Needs Assessment Report that identified seven (7) overall needs. These needs represent challenges that must be overcome to achieve Digital Marin’s vision. BROADBAND FOR ALL Universally accessible, affordable, reliable, and safe broadband is needed throughout Marin. AFFORDABLE INTERNET SERVICE Affordable broadband service is needed throughout Marin, so cost is not a barrier to entry. RESILIENT AND RELIABLE COMMUNICATION NETWORKS Redundancy and resiliency are needed for all of Marin’s digital infrastructure. DEVICES FOR ALL Marin’s residents need safe, robust end user devices to access all digital resources and opportunities. DIGITAL LITERACY Digital literacy for providers and consumers of internet content and services is needed. COLLABORATION AND DATA SHARING Collaboration and sharing of data and resources are needed to improve service delivery to our residents. DIGITAL ADOPTION Building trust and knowledge of the benefits of participating in an ever increasing digital world is needed to increase digital adoption. 1 2 3 4 5 6 7 8 MARIN’S DIGITAL ROADMAP Goal 1: High-quality broadband is available to everyone in Marin. Goal 2: Everyone in Marin can take advantage of all online opportunities. Goal 3: Marin has a high rate of digital adoption that benefits everyone. Goal 4: Marin has a community driven organization with a mission to deliver broadband for all. Strategies: • Assist with the deployment of universally accessible public and public/private broadband services throughout Marin • Improve the quality, reliability, resiliency, and safety of Marin’s broadband services • Increase access to affordable broadband service Strategies: • Coordinate and expand digital literacy training in Marin • Expand community-based programs to provide end user devices and support • Help organizations create easy to use digital services that work for everyone Strategies: • Improve privacy, security, and digital accessibility across Marin • Address barriers through education and community problem solving • Increase public value from investments in technology Strategy: • Obtain funding and create an independent operating entity Four (4) goals with enabling strategies emerged from the community outreach, needs assessment, asset inventory, and gap analysis. These goals and related strategies create Marin’s digital roadmap. 9 Goal 1 - High-quality broadband is available to everyone in Marin 10 While our research found that five (5) geographic areas of Marin most acutely experience a lack of affordable access to broadband, findings also show that lack of availability, inconsistent service levels, and lack of provider competition exist in Marin, even in some affluent areas. The gap analysis revealed Marin’s two primary providers offer internet service to approximately 99% of the households in urban Marin with varying levels of service, speeds, and pricing. Surveys revealed that cost and lack of available service are the top two reasons Marin residents give when they do not have broadband at home. According to the California Public Utilities Commission (CPUC) 2020 estimates, Marin County has 591 households that are unserved, i.e., either have no inter-net service available in their community or service that is below the 25 Mbps download/3 Mbps upload (25/3) broadband speed policy set by the Federal Communications Commission (FCC). Of those 591 households, 208 have ser-vice at or below 6 Mbps down/1 Mbps up (6/1). These households are deemed underserved. This data is questionable since it is self-reported by internet service providers and the threshold for identifying what households are “served” is low. Detractors believe that the number of un- and under-served households is higher than reported. This issue appears to be the case in Marin. For example, in a small number of cases, our survey respondents’ speed tests for households in served areas reported results as low as 681 kb/s down and 126 kb/s up. As such, these find-ings show that even “served” households, i.e., those identified as receiving at least 25/3 or higher, may experience speeds below the FCC standard for broadband. Given the sample size, more speed testing is required to better define un- and under-served households. Our research also identified issues with quality of service. Survey responses about the quality of service revealed that despite paying 5.82% more for internet only service than the $70/month national average, only 55% of residents rated their overall internet service as good or excellent. When asked about internet slowdowns and outages, over 61% of respondents indicated that they occurred several times a year. Outages and inconsistent cell services hinder emergency response and communication during disasters. —Public Safety Officials 70% of respondents in subsidized housing identify cost as the primary reason they do not have broadband at home. —Marin Housing Authority Residents Survey 11 Strategy: Assist with the deployment of universally accessible public and public/private broadband services throughout Marin Implementing this strategy requires designing Marin’s broadband network and facilitating deployment of broadband infrastructure. Three high-level actions enable increasing broadband deployment throughout Marin. Action 1 - Deploy an open access broadband network comprised primarily, but not exclusively, of publicly owned assets Hire a consultant to assist with development of a detailed public broadband network design that delivers best in the U.S. high-speed service in Marin, with a goal of 1 Gbps symmetrical wherever needed and possible, with an emphasis on providing internet services to Marin government entities such as city halls, schools, county and municipal facilities, joint power agencies (JPAs), and special districts. Consider all deployment options including public, public/private partner-ships, and commercial. Wherever possible, incorporate competition, overbuilding, use of existing public and private network assets and services, local control, and community ownership into the design. Include the following as part of the design process. • As a top priority, determine the ability to use the strands of dark fiber in the SMART easement allocated to the County and the cities through which it passes in the License Agreement between SMART and Sonic. • Identify ways to offset the cost of constructing an open access broadband network including analysis of current spending and performance metrics, such as the number of circuits and speeds, used by government, schools, anchor institutions, and other publicly-funded entities to reduce spending or divert funding. • Use Magellan Advisor’s recommended conceptual network design as a basis for development of the detailed, open-access, publicly-owned net- work design. (See Appendix 2) • Coordinate with the State’s Open Access Middle Mile project to take advantage of available infrastructure and technical assistance. While this Plan’s actions aim to address issues of pricing, availably, and service, existing laws constrain state and local governments from regulating the activities of private providers. These and other findings show that high-quality, affordable broadband services are not as available as Marin prefers. Deploying broadband infrastructure, adopting quality standards, and increasing affordability will help to address these issues. 12 • Incorporate public and privately owned internet infrastructure and assets to the greatest extent possible to reduce cost and increase the speed of deployment, while still resulting in a publicly owned, controlled, or managed network, wherever possible. • Consider all options including underground and aerial fiber, fixed wireless, wave broadband, satellite, and other available and emerging technologies. Action 2 – Use a phased implementation of stand-alone broadband components After a detailed broadband network design is completed and resources become available, oversee deployment of broadband infrastructure using a phased imple-mentation of stand-alone broadband network components. Manage each phase using project management best practices that include securing funds, hiring consultants, and obtaining other necessary resources. Upon completion of each proceeding phase, launch projects to deploy subsequent phases of Marin’s public broadband network. Action 3 – Expand deployment of broadband and increase local control Use existing network infrastructure and services, develop residential community siting standards, adopt trench once/trench smart ordinances, standardize permit requirements and fees, and develop other rules, policies, and procedures, to the fullest extent possible. Work to update, change, or adopt laws, rules, policies, and procedures to increase deployment of broadband infrastructure with an emphasis on the deployment of publicly owned, controlled, or managed infrastructure. Strategy: Improve the quality, reliability, resiliency, and safety of Marin’s broadband services Implementing this strategy requires collaboration among broadband service pro-viders, regulatory agencies, network infrastructure and asset owners, and public agencies. Also, quality, reliability, resiliency, and safety must be incorporated into Marin’s broadband network design. Two high-level actions advance improvements to broadband quality throughout Marin. Action 4: Establish Marin’s own internet service standards Local government is and for the foreseeable future will be constrained from reg-ulating the business practices of private companies providing internet services in Marin. Develop internet service standards for accessibility, speed, reliability, resiliency, safety, availability, consistency, affordability, open access, and other important aspects of broadband for all that meet or, if desired and where possi-ble, exceed standards set forth by current laws, rules, policies, and procedures. Update, change, or adopt laws, rules, policies, and procedures to put in place and enforce these service standards. Use these internet service standards during development of the detailed public broadband network design and deployment of all internet infrastructure and services in Marin. 13 Action 5 - Improve incumbent internet providers’ services Obtain more information about incumbents’ internet prices, speeds, resiliency, and quality by conducting a county-wide speed test coupled with an evaluation of individual service provider’s costs, program offerings, and quality of service stan-dards and ratings. Work with incumbent providers to ensure that their current and future internet services meet or exceed Marin’s adopted standards in an agreed upon time frame. Strategy: Increase access to affordable broadband service Implementing this strategy requires collaboration among broadband service pro-viders, funding sources, non-profits, and public agencies to identify opportunities, manage and coordinate services, and market availability. Action 6 – Increase access to affordable broadband service Increase access to affordable broadband services for everyone, especially for those least able to pay, by identifying or creating discounted and free programs. Manage the programs through a centralized agency, whenever possible, using Federal, State, local, and other funding sources. Remove barriers to entry by ensuring the process to get discounted or free internet service is easy to com-plete. Coordinate with other entities such as those providing social services. Ensure services provided through discount and free programs are consistent with full price options and meet or exceed Marin’s internet service standards. Increase consumer education that helps lower consumers’ out-of-pocket costs by provid-ing information about options once more speed testing and price comparisons are completed. KEY PERFORMANCE INDICATORS - Increase the number of households served by broadband using 2020 CPUC data as a baseline and comparing it to updated CPUC data and surveys of Marin’s households - Improve residents’ and businesses’ ratings of internet quality and reliability using the Needs Assessment findings as a baseline and comparing it to future survey results Goal 2 - Everyone in Marin can take advantage of all online opportunities 15 Despite its relative wealth, Marin has residents who suffer from the digital divide. The needs assessment found that many people lack robust devices to access the internet, digital literacy, and adequate technical support. While availability of high-quality broadband is important, these other needs must be met for everyone in Marin to thrive in the digital world. The needs assessment revealed a device disparity among Marin’s residents. Devices include computers, laptops, tablets, mobile phones, landlines, and Internet of Things (IoT). When asked how many devices are connected to their home internet service, respondents to the Online Residents Survey reported 8.5 per household. In contrast, respondents to a survey conducted of residents in Marin Housing Authority’s subsidized housing reported 2.6 per household. In the Canal Neighborhood, 57% of households reported not having a computer at home and 37% of students in the Bolinas-Stinson Union School District reported not having an adequate device at home. 57% of households surveyed in one neighborhood reported not having a computer at home. — City of San Rafael Survey of Residents in the Canal Neighborhood Even if they have devices, some residents and business owners report not know-ing where to begin. They also lack knowledge of how to perform tasks such as signing up for an email account, requesting an Uber, or participating in a tele-health session. The research also revealed that various methods and types of training are needed. For example, online digital literacy training does not work when someone is unsure of how to get on the internet. The needs assessment also revealed that digital literacy training is needed for public service employees and educators. Strategy: Coordinate and expand digital literacy training in Marin Participants in the needs assessment recommended two high level actions. First, creating standards for Marin to better define what digital literacy means and help residents and businesses reach at least a basic level of literacy. Also, identifying and coordinating the various existing digital literacy training programs and fill-ing the gaps to ensure various methods of training are available to meet Marin’s diverse needs. For example, older adults say that they need training programs that tailor the content, speed, and delivery method to their needs. Action 7 - Create Digital Literacy Standards for Marin Develop a baseline standard of digital literacy for Marin. Work with schools and other training programs to incorporate these standards into their curriculum and 16 training programs. Conduct a marketing campaign to ensure that these standards are well known and adopted throughout Marin. Action 8 - Integrate and Expand Digital Literacy Training Programs Inventory digital literacy training programs, including those in K-12 and higher edu-cation, to determine gaps, identify redundancies, and ensure that digital literacy training is available for all Marin residents and businesses. Collect information such as intended audience, training method, curriculum, and whether the pro-gram is meeting Marin’s digital literacy standards. Ensure that resources spent on literacy training are optimized and that training is delivered in a variety of ways to meet the diverse needs of everyone in Marin. Strategy: Expand community-based programs to provide end user devices and support A 2020 study about consumer electronics found that U.S. households have an average of two computers. When comparing computers/laptops per house-hold in Marin, survey respondents reported a range of less than one half (.4) per household in the Canal Neighborhood through 3.3 per household for students at Terra Linda High School in San Rafael. Even when they have adequate devices to access the Internet, some residents and business owners reported that they did not know how to take advantage of the capabilities and features, with some reporting that they never took their device out of the box. COMPUTERS/LAPTOPS PER HOUSEHOLD 3.5 3 2.5 2 1.5 1 0.5 0 CANAL BSUSD MHA U.S.ORS TLHS Legend:Canal – City of San Rafael Canal Neighborhood SurveyBSUSD – Bolinas Stinson Union School District SurveyMHA – Marin Housing Authority Residents Survey U.S. – National average ORS – Digital Marin Online Residents SurveyTLHS – Survey of Terra Linda High School Students 17 Action 9 - Create Partnerships to Provide Devices for All Create programs with eligibility standards to distribute low and no-cost devices to individuals and organizations. Identify needs, secure funding, determine eligi-bility, obtain, distribute, and track devices, and manage the program. To remove barriers, ensure that the process to obtain devices is easy to complete and coordinated with other entities such as those providing social services. Ensure that all low and no-cost devices are comparable to full price ones. Strive to create self-sustaining support models where recipients learn how to provide training and technical support for the devices to others. Examples of potential projects identified through the needs assessment process include the following. • Expanding School Information Systems (SIS) to include the ability to col- lect digital information such as availability of devices and internet service at home to address student households’ needs, enable online and distance learning, and end the homework gap – when students cannot access foundational educational resources at home because of lack of devices and connectivity. • Providing high-quality devices to all students in Marin’s K-12 and higher education programs, on a one to one basis, and allowing students to keep a device upon graduation. • Collaborating with Marin’s non-profit, government, and community based organizations to provide Tech Connect Packs for residents of subsidized housing, older adults, social service recipients, homeless individuals, and other under-served people to ensure they have the devices, internet ser- vice, knowledge, and support to meet their digital needs. • Partnering with community foundations and other organizations to distrib-ute low and no-cost devices to non-profits and community based organiza-tions to address their digital needs. • Collaborating with economic development agencies and other organiza- tions to partner with or create refurbishment programs to broaden Marin’s distribution of low and no-cost devices and potentially create jobs, job training opportunities, and new businesses. 37% of students surveyed in one district reported not having a reliable device at home. — BSUSD Connection Committee Survey Action 10 - Create Community-Based Digital Support Networks Create community-based digital support networks that serve individuals and organizations without the means to get technical support. Expand existing pro-grams or establish new ones, potentially resulting in job creation, job training opportunities, and new businesses. Launch these projects based on each com-munities’ specific needs and availability of resources. 18 KEY PERFORMANCE INDICATORS - Increase number of people with devices by using data collected through the needs assessment process, other sources, and additional surveys to establish a baseline to compare to future survey findings. - Improve level of digital literacy throughout Marin by using data collected through the needs assessment process and other sources to establish a baseline to compare to future survey data. - Improve users’ ratings of online services by collecting data through surveys and other collection methods to establish a baseline and compare it to future results. Strategy: Help organizations create easy to use digital services that work for everyone Participants from every sector expressed frustration with the difficulty in using online services. They reported poor experiences such as struggling with appli-cations with poor user interfaces that are hard to operate or do not work on a mobile phone, do not follow digital accessibility requirements, or require scanned versions of documents instead of pictures. Action 11: Educate providers to make online services easier to use and accessible for all Assemble best practices for universal design and ease of use for online services. Work with schools, higher education, and other training programs to incorporate these best practices into their related curriculum and training programs. Share best practices with providers of online content and applications in all sectors. Conduct a marketing campaign to ensure that these practices are well known and adopted in Marin. 19 Goal 3 - Marin has a high rate of digital adoption that benefits everyone 20 The needs assessment revealed other factors that keep people from participating in the increasingly digital world including lack of digital accessibility – the ability for people with a wide range of abilities and disabilities to use digital resources. Security and privacy concerns, as well as concerns about Electric Magnetic Field (EMF) and Radio Frequency (RF) radiation’s effect on human’s health and the envi-ronment keep people from using the internet. Also, some residents and business-people are unaware of the benefits of using the internet, so they do not pursue it. More than 1,800 households in Marin can have internet access but choose not to do so. —According to CPUC data When broadband infrastructure is in place, public value is gained through deploy- ment of smart technologies like sensors on critical infrastructure, wearable health monitors, intelligent transportation systems, temperature and moisture sensors for farming, and smart thermostats that save energy. Digital adoption also bene- fits the local economy through potential job creation, adding or expanding small, home-based, and digital businesses, and increasing our digital workforce. Strategy: Improve privacy, security, and digital accessibility across Marin Concerns with security and privacy were expressed often during the needs assessment process. Additionally, issues with accessibility of digital information and services were raised, especially by older adults and people with disabilities. These factors reduce digital adoption and decrease the value of investments in broadband infrastructure. Two high-level actions to address these issues were identified through the needs assessment process. Action 12 - Establish a Marin Digital Accessibility Council Establish a Marin Digital Accessibility Council to serve all sectors including public, non-profits, and private industry. Share information and resources and pursue projects and funding to improve access to digital resources and services. Action 13 - Establish a Marin Security and Privacy Council Expand the County-led Marin Information Security Collaboration (MISC), which currently serves government, education, non-profit, and similar public organiza- tions, into a Marin Security and Privacy Council that includes other agencies and organizations, including for-profit enterprises. Continue to share cybersecurity information and resources, as well as broaden the focus to include digital privacy. Pursue projects and funding to improve and expand cybersecurity and privacy resources, policies, procedures, and laws that protect Marin’s residents and businesses. 21 Strategy: Address barriers through education and community problem solving The research found other barriers that decrease digital adoption. One factor is a lack of knowledge about digital resources and the benefits of participating in the digital society. Another is health concerns related to digital infrastructure and devices. Educating Marin’s residents and businesses and developing communi-ty-based solutions help increase Marin’s digital adoption. Two high-level actions were identified through the needs assessment process. Action 14 - Create an Education Campaign for Benefits of Digital Adoption Educate the public about the availability and benefits of digital services. Include representatives from all sectors to ensure that the program serves Marin’s res-idents and businesses. Help individuals and businesses identify the benefits of using digital solutions, so they can experience the full value of online services and digital opportunities. The results of a recent survey of businesses in one of Marin’s towns found that some owners are afraid to learn new technology, leaving haves and have-nots. —Findings from Economic Development Focus Group Action 15 - Address Residents’ Concerns with Digital Technologies Investigate community concerns including getting information from a wide-range of experts with differing opinions. Ensure that all voices are heard. Develop com-munity-based solutions to address these concerns. Pursue these activities based upon specific needs and availability of resources. Examples of potential topics identified during the needs assessment process include the following. • The effect of Electric Magnetic Field (EMF) and Radio Frequency (RF) radia-tion on human’s health and the environment. • Privacy concerns related to data collection and aggregation, monitor-ing, surveillance, facial recognition, and other similar technology-enabled processes. 22 Strategy: Increase public value from investments in technology Investments in broadband infrastructure and digital adoption must result in public and economic value. Value results from sharing data, applications, infrastructure, and other digital resources to improve service, increase buying power, and reduce support needs. This value is also achieved by deploying smart technologies and growing Marin’s small, home-based, and digital businesses. Four high level actions were identified during the needs assessment process. Action 16 - Identify and Increase Data Sharing Initiatives Create collaborations, explore opportunities, develop project proposals, and get funding for data sharing initiatives to provide whole person care for individuals and families. Potential projects identified through the needs assessment process include the following. • Expanding data sharing among schools, libraries, and education-focused community based organizations to support home access to educational resources and family and school communication while eliminating the homework gap. • Increasing collaboration and data sharing among healthcare, mental health, social service, justice, education, non-profits, housing, and other organiza-tions to provide wrap around services by: - Resourcing a backbone entity and providing community engagement, technology, and legal resources for a Community Information Exchange model; - Investing in data platforms for wrap around programs like Success Networks, community schools, etc.; and - Aligning goals and actions between existing collective impact initiatives. Action 17 - Enable Shared Services Among Government and Educational Agencies Create collaborations, explore opportunities, develop project proposals, and get funding for shared services among government and educational agencies to improve efficiency, streamline processes, and improve customer service. Potential projects identified through the needs assessment process include the following. • Increasing network interconnectivity and shared digital solutions and resources to lower costs and increase consistency of services to the public. • Standardizing processes and digital systems to make digital resources less costly and easier to buy and maintain and improve usability. • Increasing data sharing to improve transparency, reporting, and account-ability for shared goals. 23 Action 18 - Identify and Promote Smart Technologies Create collaborations, explore opportunities, develop project proposals, and get funding for smart technologies that improve public service delivery and promote community engagement and public sector innovation. Include representatives from all sectors, including residents, to ensure that community needs are met, and security, privacy, and health concerns and risks are reduced or, where possi- ble, eliminated. Base timing of these efforts upon specific needs and availability of resources. Action 19 - Establish a Digital Business Incubator Program Establish a digital business incubator to create or expand Marin’s small, home-based, and online digital businesses. Include resources such as free or low-cost workspace, digital tools and technologies, mentorship, sharing of expertise, access to investors, and potentially, working capital in the form of grants and loans. Include representatives from business, economic development, chambers of commerce, education, and other relevant organizations. KEY PERFORMANCE INDICATORS - Decrease number of households not served by choice using 2020 CPUC data as a baseline and comparing it to updated CPUC data and surveys of Marin’s households - Prevent or reduce the number of cyber security and privacy incidents by collecting data before actions are taken to create a baseline and measuring again after actions are taken - Increase digital accessibility for all sectors in Marin by measuring accessibility before actions are taken to create a baseline and measuring again after actions are taken - Realize cost savings from sharing services among government and educational agencies by comparing costs before and after actions are taken - Increase number of digital businesses started or grown by comparing data before and after actions are taken Goal 4 - Marin has a community driven organization with a mission of broadband for all 25 Adoption of the Digital Marin Strategic Plan by the County of Marin and Marin’s cities, towns, and other public agencies, plus endorsement by educational, busi- ness, and community organizations will maximize return on the investment of time and funds in its development. Identifying or establishing an organization respon- sible for its implementation must also occur quickly to build on the momentum generated during the planning process and improve the ability for Marin to receive and wisely use Federal, State, and other funding. A delay in adoption and imple-mentation of this Plan will result in the loss of community confidence and substan-tial funding opportunities. Strategy: Obtain funding and create an independent operating entity Federal and state governments are infusing billions of dollars into public and pub- lic/private broadband network development. Marin, like all counties in California, stands to benefit from these and other time-limited investments and grant oppor- tunities. Funding from Federal, State, and local sources and private investments enable creation of the operating entity and establishment of an administrative team. The operating entity must have the ability to raise capital, invest and man- age infrastructure if needed, and work with and influence organizations through-out Marin to achieve broadband for all. While taking these actions, the Digital Marin Project should continue as is, under guidance from the County of Marin and funded through the current California Advanced Services Fund (CASF) grant and the Digital Marin Strategic Plan’s project budget. Two high-level actions related to this strategy were identified during the needs assessment process. Evolve Digital Marin into a formal organization to develop, manage, and own public network assets with the Executive Steering Committee as initial Board of Directors. —Magellan Advisors’ Needs and Options Report Action 20 - Establish a Digital Marin Operating Entity Evolve the Digital Marin project into a community driven, independent operating entity with the ability to inform and influence policy makers and make decisions, raise capital, and spend funds to achieve Marin’s shared digital goals. Secure the resources, determine the type of organization, and take all steps necessary to complete its establishment. Incubate the new entity within the County of Marin’s Information Services and Technology (IST) Department until it is capable of oper-ating independently. 26 Action 21 - Establish a Board of Directors Establish a diverse, community-based Board of Directors for the Digital Marin operating entity. Have the project’s Executive Steering Committee serve as the initial Board. Make modifications to the Board to ensure it represents all sectors and segments of Marin’s population. KEY PERFORMANCE INDICATORS - Create an effective operating entity by measuring its progress toward meeting the Strategic Plan’s goals within the time frames set forth in the Plan - Represent all sectors and population groups on the Board of Directors by comparing the Board’s membership to the most current census data 27 GETTING THERE The roadmap to Marin’s digital future is only as good as the ability to follow it. These steps ensure that Marin’s digital strategy leads to realization of its vision. Accountable Leadership Shared Goals Use Digital Marin’s shared vision to increase commitment and advance initiatives that improve Marin’s digital future. Foster community ownership and enhance local control for increased responsiveness to Marin’s digital needs. Secure adoption and endorsement of shared goals to increase the likelihood of success. Collaborative Vision Community Owned Measured Progress Sustainable Funding Identify sustainable funding sources to ensure that programs continue after the initial funding is used. Designate a knowledgeable, proven leader to centrally manage implementation of Marin’s digital strategy. Use Key Performance Indicators to measure progress toward intended results and ensure activities achieve what matters most. 28 RISK AND IMPACT ANALYSIS Since achieving broadband for all is resource intensive, strategies to achieve Digital Marin’s vision must be evaluated for impact and risk. While developing a detailed broadband network design and deploying broad-band have high impacts, they also have high levels of risk. Despite the risk level, these two initiatives are fun-damental in achieving Digital Marin’s vision. Establishing an independent operating entity is equally critical for completion of the other strategies. Action Risk/Impact Matrix IM P A C T RISK Strategies to Inform and Influence Strategies to Deploy and Increase Access Establish Board of Directors 1 $$ Establish Operating Entity1 $$ Devices4 $$ Develop Detailed Broadband Network Design3 $$ Deploy Broadband Private & Public/Private Partnerships3 $$ Tech Support4 $$ Digital Literacy Training4 $$ Address Affordability4 Address Digital Concerns2 Gov’t & Education Sharing1 Data Sharing1 $ Expand Broadband Deployment3 $ Education Campaign2 Quality Standards2 Digital Accessibility Council1 Security & Privacy Council1 $ Digital Literacy Standards4 $ Improve Providers Quality, Price, Speed, Availability2 $ Improve Online Services4 $ Promote Smart Tech6 $$$ Digital Business Incubator6 $$$ Deploy Broadband Fiber-to-the-Home in Urban Marin No Planned Phase2 Green - Three legs of the digital inclusion stool (devices, connectivity, training) for the residents in need of assistance. Requires collaboration and funding. Orange - Activities that build upon investments in the infrastructure and digital inclusion. Navy - Create operating entity, task forces, and councils. Develop business and project plans. Requires funding for operating costs including paid staff and consultants. Red - Activities conducted by Digital Marin. Collaborate to deliver. Requires some funding. Maybe limited by lack of regulatory authority. Purple - Physical broadband infrastructure design, development, deployment. Requires costly consultants, federal, state and local funding, cross-jurisdiction government collaboration, and a robust customer acquisition strategy. Timing must align with SB156 CA Middle Mile development and E-Rate funding cycles. Indicates estimated level of funding required$ Teal - Activities influenced by Digital Marin. Cost Dependent on projects. Risk = length of time to implement, complexity, cost of the initiative, and number and type of stakeholders involved. Impact = the ability to influence achieving broadband for all 1 2 3 4 5 6 29 TIMELINE 2022 2023 2024 FIRST QUARTER Secure adoption and endorsement of the Strategic PlanDetermine organization type Begin process to establish the community-driven operating entity SECOND QUARTER Begin development of a business plan Launch the Marin Security and Privacy Council THIRD QUARTER Refine Strategic Plan based on the business planLaunch the Marin Digital Accessibility Council FOURTH QUARTER Launch a project to develop the high-level broadband network designBegin digital adoption efforts 2024 & Beyond Accelerate deployment of Smart TechnologiesEstablish a Digital Business Incubator Program Begin deployment of broadband infrastructureAccelerate data and resource sharing projectsInitiate key programs for devices, support, and digital literacy trainingInitiate projects to address affordability of internet service 2023 30 INITIATIVES TO BRIDGE THE DIGITAL DIVIDE While this Strategic Plan was being developed, the COVID-19 pandemic contin-ued to exasperate the issues facing students, households in underserved areas, older adults and people with disabilities, and other individuals facing barriers to using the internet. As a result, four projects were launched in communities around Marin - the Canal Neighborhood, Marin City, Bolinas-Stinson, and Shoreline. These projects were done in collaboration with but not led by Digital Marin. While the technical approaches taken to solve these areas’ digital challenges varied, they all had strong community activism and collaboration among residents, edu-cation, government, and business. Efforts to bridge the digital divide must continue, even if they are short-term solu-tions such as distributing free hot spots and providing free Wi-Fi to solve the most pressing needs until long-term solutions are available. In addition to the four col-laborative digital divide projects already underway, additional projects are needed, even while the Strategic Plan is implemented. • Identify and conduct additional needs assessment in the two under-served areas of Novato including identification of advocates to lead collaborative efforts to bridge the digital divide in their communities. • Define, obtain funding, and provide internet service, devices, digital literacy training, and support to the five (5) subsidized housing residences for older adults and persons with disabilities. • Further define and recommend solutions to address the specific needs of Marin’s older adults and persons with disabilities and ensure that all digital projects and initiatives include addressing their needs. More information about these and other collaborations is available on the Digital Marin website. 31 APPENDICES 1 - Needs Assessment Report Based on months of outreach to residents, government officials, schools, busi-nesses, healthcare, and community-based organizations, the Digital Marin Needs Assessment Report was compiled to accurately define Marin’s digital needs. The outreach process uncovered gaps that many people did not know existed and opened the door for collaboration between multiple entities. 2 - Magellan Conceptual Network Design On June 24, 2021, Magellan Advisors presented their Digital Infrastructure Needs and Options Report to the Executive Steering Committee, Digital Marin project team, and the project’s work group members. The Report informed this Strategic Plan. Topics included Marin’s current internet infrastructure and services, and recommendations for an ongoing business model and a governance structure to move the Strategic Plan forward to project implementation. The meeting notes and video are available on the GoDigitalMarin website. 3 – Executive Steering Committee The Digital Marin project was guided by an Executive Steering Committee, with representation from all of Marin’s sectors. Members of this committee led public outreach within the various sectors, lent their time and expertise to development of the Plan, and continue to assist in its completion and eventual implementation. 4 - Project Administration The Digital Marin project followed best practice project management processes. More information about the planning process is available on the GoDigitalMarin website. 32 FOUNDING PARTNERS MARIN MANAGERSASSOCIATION Visit Digital Marin’s Partner Organizations’ page to view our Supporting Partners. EXHIBIT 2 Page 1 of 2 Town Council Resolution No. XX-2022 05/04/2022 DRAFT RESOLUTION NO. XX-2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON IN SUPPORT OF THE DIGITAL MARIN STRATEGIC PLAN WHEREAS, the internet is a fundamental element of our lives and from our economy to education, it provides us with access to opportunities and critical services; and WHEREAS, the COVID-19 pandemic and other recent disruptive events underscore Marin County’s need to end internet access inequities and bridge the digital divide – the economic, educational, and social inequalities between those who have computers and online access and those who do not have it; and WHEREAS, students in Tiburon need reliable home connections for distance learning, families need online access to information and support services, and our businesses and growing remote workforce demand more from internet providers to remain competitive; and WHEREAS, the Town of Tiburon envisions a future where everyone in Marin County has access to universally available, affordable, reliable, resilient, and safe broadband with robust devices, technical support, and the digital literacy needed to take part in an ever increasing digital world; and WHEREAS, the Town seeks to serve residents, businesses, and other organizations better through public and private collaborations and sharing of data and resources; and WHEREAS, in 2019, the Marin County Board of Supervisors approved development of a Digital Infrastructure Strategic Plan, which became the Digital Marin project; and WHEREAS, in 2020 and 2021, the Digital Marin project conducted community outreach to sectors including business and economic development, education, government and emergency management, health and community-based organizations, internet, communication and technology providers, planning, transportation, public works and utilities, and residents; and WHEREAS, the individual findings for each sector were analyzed and combined into a Needs Assessment Report that identified seven overall needs that represent challenges that must be overcome to achieve Digital Marin’s vision; and WHEREAS, successful implementation of the Digital Marin Strategic Plan requires support from all communities in Marin County. NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon hereby supports the Digital Marin Strategic Plan. PASSED AND ADOPTED this 4th day of May, 2022, by the following vote: Page 2 of 2 Town Council Resolution No. XX-2022 05/04/2022 AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: JON WELNER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK 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 Add Chapter 14-3.313 (Urban Lot Splits) to Chapter 14 (Subdivision of Land) and Chapter 16.53 (two-unit developments) to Chapter 16 (Zoning) Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council is considering adoption of revisions to the Tiburon Municipal Code by adding Chapter 14- 3.313 (Urban Lot Splits) to Chapter 14 (Subdivision of Land) and Chapter 16.53 (two-unit developments) to Chapter 16 (Zoning). RECOMMENDED ACTION(S) Staff Recommends the Town Council: 1. Hold a Public Hearing on the draft Ordinance (Exhibit 4) and consider any testimony. 2. Make a motion to read by title only and carry the motion. 3. Read the title of the ordinance. 4. Hold a roll call vote to pass first reading, waiving any additional readings. If the ordinance is passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council. BACKGROUND On September 16, 2021, the Governor of California signed Senate Bill 9 (SB 9) into which amends or adds several sections to the Government Code (sections 65852.21, 66411.7, and 66452.6). SB 9 became effective on January 1, 2022, thereby streamlining the development of housing and allowing multiple housing units on single family zoned properties and requires local jurisdictions to grant such project through a ministerial approval process. In effect the law requires ministerial approval of two-unit developments and lot splits in single-family residential zones that meet certain criteria. The intent of SB 9 is to address California’s housing shortage by increasing density in single-family neighborhoods, allowing additional units to be built on a lot that is currently zoned for a single-family residence. SB 9 builds on previous State legislation for accessory dwelling units (ADUs) but provides greater opportunities for sale and ownership of the resulting units. While SB 9 mandates that two-unit developments and urban lot splits be allowed through a ministerial review in the single-family zones. Local jurisdictions are allowed to require projects to TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 4, 2022 Agenda Item: PH-1 Town Council Meeting May 4, 2022 TOWN OF TIBURON PAGE 2 OF 4 meet objective subdivision and development standards, as well as objective design review standards, as long as those objective standards do not otherwise physically preclude the construction of two units or preclude either of the units from being at least 800 square feet in floor area. (Government Code § 65852.21((b)(2)(A); Government Code § 66411.7(c)(2)(A).) Although the Town of Tiburon is not required to adopt an ordinance to implement SB 9, staff recommends the Town Council amend the residential zoning regulations to establish clarity and certainty for staff, property owners, and the larger community. In addition, staff recommends the Town Council amend Chapter 14 of the Municipal Code pertaining to lot splits (Parcel Maps) to allow for ministerial processing of maps and applying applicable standards, also required under SB 9. In this case, clarity and certainty are particularly important because the ministerial process required by SB 9 is implemented entirely by Town staff without any public notice, public hearings to review or assist in the approval of a development. The proposed amendments to the residential zoning districts zoning are intended to serve two purposes for the Town: 1. Establish clear and objective standards for the review of future applications by staff for lot splits and new housing in all residential zoning districts that permit development of single-family homes as required by SB 9. 2. Encourage well-designed infill housing in the single-family residential family in support of the Town’s Regional Housing Needs Allocation (RHNA). The Housing Element of the General Plan is currently being updated for the period 2023-2031. The Housing Element establishes the goals, policies, and actions necessary to ensure an adequate supply of housing to meet Tiburon’s RHNA, which is 639 units. In 2021, seven (7) ADUs were approved and four (4) JADUs were approved. Of those approved, two (2) have been completed and one single family home was constructed. SB 9 provides authority to develop each lot with a total of 4 units and also permits local jurisdictions to limit infill development to 4 units by prohibiting ADU’s and JADU’s on lots that have developed two units and or split parcels. SB 9 provides authority to develop each lot with a total of 4 units and also permits local jurisdictions to limit infill development to 4 units resulting 8 units after a lot split has been granted. While not expected to significantly increase housing production in residential zones, this easing of restrictions on two-unit developments and land divisions in the residential zones can provide opportunities for infill development, as well as affordable rental and home ownership opportunities. SB 9 allows for the development of new, for-sale homes, either on a newly subdivided lot, with the addition of one residential unit where a single-family home already exists, or through the conversion of existing single-family homes into two family homes. This ability to create duplexes and/or split a lot and convey new units with a distinct title would allow property owners to pursue a wider range of financing options than have typically been available for ADU construction. A report by the Terner Center for Housing Innovation at UC Berkeley (Exhibit 1) projects that the impact of SB 9 on housing development in California will be moderate. The report states: “Under our business-as-usual scenario, we estimate 1,800,000 new ADUS/JADUS are currently market-feasible and could be built under today’s zoning laws across California’s 7,500,000 existing single-family housing parcels. With SB 9, we estimate that approximately 700,000 Town Council Meeting May 4, 2022 TOWN OF TIBURON PAGE 3 OF 4 additional new units would become market-feasible, representing a 40 percent increase in existing development potential across California’s single-family housing parcels.” The SB 9 potential for additional units and/or lot splits on parcels with an existing single family is more difficult to determine. If staff excludes parcels that do not meet the State’s eligibility criteria and then assumes about 20% of those sites are economically feasible for development, as determined in an analysis done by the Terner Center for Housing Innovation at UC Berkeley, there are approximately 420 potential units. However, HCD will require further analysis and evidence to support the projected production of SB 9 units on non-vacant land, including property owner interest (which could be assessed through a survey), and zoning standards and incentives adopted by the jurisdiction that would encourage and facilitate development. On March 23, 2022, the Planning Commission held a public hearing, took public testimony and recommended a maximum height of 16 feet for any two-unit development, and reorganization and formatting fixes on the document. The Commission then unanimously passed Resolution No. 2022-001, recommending the Town Council adopt the proposed amendments to Chapters 14 and 16 of the Municipal Code. A copy of the Resolution is attached as Exhibit 2, with the Staff Report from the March 23 meeting attached as Exhibit 3. ANALYSIS The Town of Tiburon Municipal Code currently allows single family residential units and Accessory Dwelling Units within all residential zones. SB 9 requires local jurisdictions to approve up to two units on each residential lot and can permit two additional units with an ADU and JADU. A local jurisdiction is not required to permit more than two-units on a parcel created through an urban split or developed as part of the allowable two units per lot provision of SB 9. Staff has prepared a proposed ordinance for Council consideration which is consistent with the recommendations of the Planning Commission. The proposed ordinance is attached as Exhibit 4. The proposed ordinance recommends a process to approve two units per parcel and prohibits ADUs and JADUs-limiting the number of total units resulting from a lot split to four (4) (i.e., 2 units per parcel resulting from a lot split). There have been a number of development inquiries regarding development of residential units since the SB 9 became effective on January 1, 2022. Staff has not received any applications prior to or as part of the consideration of adoption of the attached Draft ordinance. The proposed ordinance includes objective standards that would limit the lot size, height, color, orientation of windows, and other similar objective standards. Such standards are similar to what was imposed in the ADU ordinance. And as required, the proposed ordinance includes exceptions to the standards such that the ordinance would not otherwise physically preclude the construction of 800 square foot units. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town as a result of adoption of the proposed amendments to the Municipal Code. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. Town Council Meeting May 4, 2022 TOWN OF TIBURON PAGE 4 OF 4 ENVIRONMENTAL REVIEW Pursuant to Government Code sections 65852.21(j) and 66411.7(n), adoption of an ordinance to implement SB 9 is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. Therefore, the proposed amendments to the TMC implementing SB 9 are not subject to review under CEQA. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a Public Hearing on the draft Ordinance (Exhibit 4) and consider any testimony. 2. Make a motion to read by title only and carry the motion. 3. Read the title of the ordinance. 4. Hold a roll call vote to pass first reading, waiving any additional readings. If the ordinance is passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council. Exhibit(s): 1. Terner Report 2. Planning Commission resolution proposing the amendments 3. Planning Commission staff report dated March 23, 2022 4. Draft Town Council Ordinance Prepared By: Dina Tasini, Director of Community Development EXHIBIT 1 Copyright 2021 Terner Center for Housing InnovationFor more information on the Terner Center, see our website at www.ternercenter.berkeley.edu A TERNER CENTER REPORT - JULY 2021 Will Allowing Duplexes and Lot Splits on Parcels Zoned for Single-Family Create New Homes? Assessing the Viability of New Housing Supply Under California’s Senate Bill 9 AUTHORS: BEN METCALF, MANAGING DIRECTOR, TERNER CENTER DAVID GARCIA, POLICY DIRECTOR, TERNER CENTER IAN CARLTON, CO-FOUNDER AND CEO, MAPCRAFT LABS KATE MACFARLANE, PRODUCT MANAGER, MAPCRAFT LABS Exhibit 4 A TERNER CENTER REPORT - JULY 2021 2 Introduction In recent years, California lawmakers have proposed a number of legislative changes to address the state’s ongoing housing shortage and affordability crisis. While the most ambitious of these efforts have not passed, momentum has increased around one solution in particular: legislation to allow modest increases in smaller-sized units in existing single-family neighbor- hoods. In 2020, Senate Bill 1120—which would have allowed for up to four new homes on existing single-family parcels— passed both the California Assembly and Senate, but fell short of becoming law as time ran out at the end of the session. This year, Senate President Pro Tempore Toni Atkins has introduced Senate Bill 9 (SB 9), which proposes a similar policy shift. SB 9 has now passed through the State Senate and is under discussion in the State Assembly; if approved by the Assembly, it may be poised to be the most significant housing bill coming out of California’s current legislative session. SB 9 has potential to expand the supply of smaller-scaled housing, particularly in higher-resourced, single-family neighbor- hoods. In this way, SB 9 builds on recent state legislation that opened up access to accessory dwelling units (ADUs) for virtu- ally all California single-family parcels. What distinguishes SB 9 is that it allows for the development of new, for-sale homes, either on a newly subdivided lot or through the conversion of existing single- family homes into multiple units. This ability to create duplexes and/or split the lot and convey new units with a distinct title would allow property owners to pursue a wider range of financing options than are available for ADU construction to build these new homes.1 In so doing, SB 9 could open up new homeownership oppor- tunities at more attainable price points for prospective purchasers, who would be able to apply for a traditional mortgage to buy the home. Yet, the likelihood of creating new housing and homeownership opportunities as a result of SB 9 largely depends on local context. While Senate Bill 9 does not apply to single-family parcels in historic districts, fire hazard zones, and rural areas, local market prices and develop- ment costs play a large role in determining where there is financial viability for the addition of new homes. Moreover, phys- ical constraints, such as small lot sizes and other local regulations, can limit the number of new homes built as a result of this bill. To assess the potential impact of SB 9 on new housing supply, this anal- ysis assesses the market feasibility of new homes as allowed by the current version of the Bill (as of July 2021).2 This analysis finds that SB 9’s primary impact will be to unlock incrementally more units on parcels that are already financially feasible under existing law, typically through the simple subdivision of an existing structure. Relatively few new single-family parcels are expected to become financially feasible for added units as a direct consequence of this bill. While this analysis does not attempt to measure the actual rate of uptake for adding new units to single-family parcels, it is reasonable to assume that SB 9 will modestly accelerate the addition of new units relative to the status quo by facilitating access to conventional mortgage products for multiple households able to purchase homes on newly subdivided single-family parcels. A TERNER CENTER REPORT - JULY 2021 3 Background California’s recent housing laws have largely failed to unlock significant housing production changes that would ease the ongoing housing and homelessness crisis. One of the state’s more effective housing solutions has been recent laws removing barriers to the construction and financing of ADUs. In 2016, Senate Bill 1069 and Assembly Bill 2299 expanded the ability of homeowners to build ADUs and Junior ADUs (JADUs). Subsequent legislation (Assembly Bill 68, Assembly Bill 881, Senate Bill 13) removed other barriers to ADU development, including lowering impact fees and removing owner occupancy requirements. The impacts of this legislation are already apparent throughout the state. Published state data demonstrates that the initial 2017 ADU law had immediate impacts: California jurisdictions went from issuing 5,911 ADU permits in 2018 to 15,571 in 2019, with ADU completions following a similar upward trend, more than tripling over the same period (from 1,984 to 6,668 units) (Figure 1).3 The ADU laws that took effect in 2019 allowing two ADUs on single-family parcels and more on multi-family parcels are already having a significant impact on gently adding density across the state in single- and multi-family properties. In early 2021, the City of Los Angeles reports processing upwards of 20,000 ADUs where ADUs make up nearly 40 percent of all housing building permits, and the City of San Jose reports that ADUs make up 38 percent of all housing building permits.4 This progress signals the significance of easing approvals and barriers to smaller- scale, infill development in low-density areas. Figure 1. ADU Permits and Completions in California, 2018 and 2019 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 Permits Completions 2018 2019 Source: Chapple, K., et. al. (2020). “Reaching California’s ADU Potential: Progress to Date and the Need for ADU Finance.” Retrieved from: https://ternercenter.berkeley.edu/wp-content/uploads/2020/12/ADU-Brief-2020.pdf. A TERNER CENTER REPORT - JULY 2021 4 The early success of recent ADU legisla- tion has prompted lawmakers to examine similar policies that would incrementally unlock more homes in low-density urban infill neighborhoods where the housing crisis is particularly acute. Such poli- cies would also align with state climate change policies encouraging additional homes near jobs and services to reduce vehicle miles travelled. Last year, SB 1120 proposed allowing up to four units in single-family-zoned parcels throughout the state. Analysis by the Terner Center of SB 1120 found that nearly six million single-family parcels statewide would theoretically be eligible, a significant expansion of buildable area in Califor- nia.5 For example, if just 5 percent of those parcels created new two-unit structures as a result of SB 1120, that would have resulted in 597,706 new homes. That’s more than five times the number of new homes that have been built in California annually since 2015.6 However, in a session marked by the disruptions related to the COVID-19 pandemic, SB1120 ran out of time to be sent to the governor’s desk, despite passing both the Assembly and the Senate. SB 9 was introduced with nearly identical language to its predecessor, SB 1120, but as the bill has progressed through the legisla- tive process, some important changes have been made. Most notably, properties that have developed an ADU are not eligible for the density or lot split provisions of SB 9, and jurisdictions would have the option of imposing owner-occupancy requirements for lot split applicants, where the applicant would have to make one of the units on the site their primary residence for at least one year. This owner-occupancy provision has been added to address concerns that current homeowners could be incentiv- ized to sell to private entities interested in speculative investment on single-family parcels and to encourage use of the law to create more opportunities for California families to buy a home. The provisions also ensure the law cannot be used to divide homes occupied by renters as a measure to prevent displacement. Other new provi- sions have made the legislation potentially more impactful. For example, SB 9 allows more flexibility in how the lot is split. SB1120 required that both newly created lots be of equal size, potentially limiting the number of instances where new homes would be feasible. New language in SB 9 requires that one of the newly created parcels only needs to be more than 40 percent of the original parcel size. Table 1 summarizes the key provisions of SB 9 as of July 2021. A TERNER CENTER REPORT - JULY 2021 5 Location • The parcel, lot, or development must be located in a single-family residential zone. • The parcel cannot not be located in a historic district or be a historic property itself (as defined by the state or local county or city). • The parcel cannot be located in a high fire zone area. • The parcel must be in a city whose boundaries include some portion of an urbanized area or urban cluster as designated by the U.S. Census Bureau. • If the parcel lies in an unincorporated area, then the parcel at stake must be a legal parcel wholly within the boundaries of an urbanized area/cluster. Parcel Size • The parcel must be a minimum of 2,400 square feet in size. • The newly created parcel as a result of a lot split may not be smaller than 40 percent of the lot area of the original parcel. • A locality cannot impose any standards that would preclude the construction of up to two units or physically precluding either of the two units from being at least 800 square feet in floor area. • A side and rear setback of up to four feet is allowed. Anti-Displacement • The lot split cannot require the demolition or alteration of a housing unit currently serving moderate-, low- or very-low income household(s) or a rent-controlled unit. • The lot split cannot result in the demolition or alteration of housing that has been occupied by a tenant in the last three years or where an owner has used the Ellis Act to remove a rental unit from the market within the last 15 years. • A jurisdiction may impose an owner-occupancy restriction for lot splits, where the applicant must intend to occupy one of the housing units as their principal residence for a minimum of one year from the date of the approval of the urban lot split. Other • The parcel cannot have been created from a previous lot split as provided by this policy. • The same person (or another party acting on their behalf) cannot perform a lot split on adjacent lots. Table 1: Eligibility Criteria Proposed for Split Lots Under SB 9 A TERNER CENTER REPORT - JULY 2021 6 To inform our model, several assump- tions were made about market conditions and trends. For example, all properties with single-family detached land uses were assumed to conform to zoning and currently have exactly one existing unit (e.g., no ADUs). In combination with tax assessor data, we estimated the value of each existing single-family property on those parcels. MapCraft calculates stan- dard development “pencil out” models to compute snapshots of market feasi- bility on every relevant parcel, both under current policies and as proposed in SB 9. These models are based on the financial evaluations conducted by developers to assess an investment’s viability early in the development process by balancing the cost of developing the site with expected rental or sale income.8 MapCraft’s models of small-scale development look at finan- cial feasibility from the perspectives of owner-occupants, owner-occupant land- lords, small-scale investors, and commer- cial investors, with market-feasible unit potential based on a probabilistic blend of all possible development options. Finan- cial expectations of investors and lending terms are based on conversations with industry professionals and are updated by MapCraft regularly. MapCraft’s calculations incorporate data and assumptions about current rents, sales prices, construction costs, and investors’ expected return on investment rates, and are validated by ECONorthwest, a West Coast economics consultancy. MapCraft’s market demand information relies on multiple sources, including CoStar, Zillow, tax assessors, U.S. Census, and transaction records. MapCraft’s construction cost information is based on interviews and RS Means. Finally, the modeling relies on Methodology It is unrealistic to assume that under SB 9, every single-family lot would be split, or that every existing single-family home would be demolished and replaced with four new units. For example, some lots may be too small, have other existing structures or ADUs, have a history of being rented, or other physical conditions that prevent changes. Some owners may have no interest in developing their prop- erty. And finally, even if a property owner is interested in pursuing new development on their land, trying to recoup this invest- ment with market-rate rental or sales will prove financially infeasible in many instances. To develop a better estimate of the potential impact of SB 9 on new supply, we conducted an analysis of how many new homes would be both physically eligible and financially feasible as a result of SB 9, as well as what types of develop- ment would be most likely, taking into account on-the-ground market dynamics. We partnered with MapCraft Labs, which developed a financial feasibility model to assess market-feasible housing capacity on existing parcels with detached single- family homes. The base layer for the analysis is a parcel dataset from Urban- Footprint which includes all counties in California with populations greater than 45,000 people, and covers homes built prior to 2020.7 This dataset includes roughly 7.5 million single-family parcels across the state. We used MapCraft’s Lab analysis tool to determine what types and scales of housing development would be feasible with an approach that considers construction costs, market demand, financing, land use policies, and individual parcel characteristics. A TERNER CENTER REPORT - JULY 2021 7 assumptions about parking requirements based on previous Terner Center research, typical unit sizes, and other factors that inform development.9 The provisions of SB 9 would allow for a variety of development options. For this analysis we examined the most likely devel- opment scenarios as shown in Appendix B. Our business-as-usual scenario evaluates development feasibility for housing supply changes currently permissible under single-family zoning, while the alternative policy scenario considers the additional set of development options allowed under SB 9. For example, under the business-as- usual scenario, a homeowner may decide to build an ADU but would only be able to split the parcel into two lots, each with two homes, under the alternative policy scenario allowed under SB 9. Our estimates also account for the fact that SB 9 includes anti-displacement language that prohibits alteration or demolition of renter-occupied homes. To approximate this, we used the percentage of single- family home rentals in each census tract (as determined by ACS data) to discount results for development outcomes that alter or demolish the existing structure. We also examined the potential impacts of owner-occupancy requirements by removing financial scenarios that assume all the new units are rentals, as well as development scenarios that require demo- lition of an existing structure. In addition, we assumed that owners received a 25 percent discount for the unit they occu- pied in split lot development scenarios. Market-feasible capacity is not a forecast of future production. While this analysis identifies the number of market-feasible units, in most cases these market-feasible units will take years to be developed, and some may never get built. This analysis considers the market feasibility of redevelopment on each eligible single-family parcel in isolation, and assumes that every property owner is maximizing the economic potential of their lot. However, that is not the case for several reasons. First, the most economically feasible use does not consider the motivations and preferences of individual property owners. Any change in use requires the coopera- tion of the owner, either to sell the site or to redevelop it themselves. The economics All Single-Family Parcels Eligible Parcels Market-Feasible Parcels DevelopedParcelsTBD Figure 2: Production Funnel A TERNER CENTER REPORT - JULY 2021 8 may suggest that the highest value of a house may be to tear it down and rebuild it into a much larger house, but if a home- owner prefers a small house or the existing architecture, they’re not going to rebuild. Converting a house to a duplex and renting out half may be most profitable for a home- owner, but that will not happen if that homeowner is uninterested in living more closely with others in what was formerly “their” space or in becoming a landlord or homeseller. Even when a property owner does wish to redevelop their site, they may lack the upfront capital and sophistica- tion to initiate the process; and then may be unable to access financing due to a low credit score or other underwriting barrier. In addition, redevelopment does not happen instantaneously; it requires home- owner awareness and interest, available construction industry capacity, a suitable financing ecosystem and viable routinized business models for development in order to proceed. State ADU laws, for example, have taken several years to ramp up as awareness, delivery models, industry and local agency capacity have adapted to law changes. It is reasonable to assume that it may take years for that capacity to fully emerge in California if SB 9 becomes law. Findings SB 9 could enable the creation of over 700,000 new homes that would otherwise not be market feasible. Under our business-as-usual scenario, we estimate 1,800,000 new ADUS/JADUS are currently market-feasible and could be built under today’s zoning laws across Cali- fornia’s 7,500,000 existing single-family housing parcels. With SB 9, we estimate that approximately 700,000 additional new units would become market-feasible, representing a 40 percent percent increase in existing development potential across California’s single-family housing parcels. All Single-Family Parcels7.5 million Eligible Parcels6.1 million Market-Feasible Parcels~410,000(including 110,000newly feasible parcels) DevelopedParcelsTBD Figure 3: Parcel Development Funnel (Total Numbers) A TERNER CENTER REPORT - JULY 2021 9 SB 9 would enable the development of more units on 410,000 single- family parcels, of which only 110,000 parcels would become newly feasible. Overall, SB 9 would change the development feasibility of a relatively small number of parcels. First, the conditions stipulated by the legislation limit the number of parcels that can utilize the bill’s provisions, as illustrated in Figure 3. For example, the bill’s current limitations on new development in high fire hazard areas, historic districts, non-urbanized areas, and existing renter homes removes approximately 1.4 million existing single- family homes from consideration.10 Of the 6.1 million remaining parcels, the majority would not be affected because of an absence of physical capacity or financial feasibility. However, on 5.4 percent of current single-family parcels, SB 9 would enable new development. For 110,000 single-family parcels (1.5 percent of total single-family parcels), SB 9 would enable new development where none was financially feasible before, and for another 300,000 parcels, SB 9 would allow for more units than under our business-as- usual scenario. For the majority of single-family proper- ties, we find the most financially viable outcome is not to pursue any develop- ment whatsoever, both under our busi- ness-as-usual scenario and under our SB 9 scenario. Under our assumptions about today’s regulations, market conditions, and devel- opment alternatives, we found that doing nothing was the most likely option for California’s single-family parcels: devel- opment is not feasible for 80 percent of parcels (Figure 4). If SB 9 passed, 110,000 parcels would be newly devel- opable, causing the share of infeasible parcels to tick down slightly to 78 percent. The primary benefit of SB 9 comes from allowing slightly more units on parcels where development already makes sense and in opening up any added units to homeownership opportunities through the ability to legally subdivide those parcels. Figure 4. Likely Parcel Feasibility By Number of Feasible Units 78% 80% 1% 1% 12% 16% 7% 4% 2% 0%10%20%30%40%50%60%70%80%90%100% Under SB 9 Business-As-Usual No feasibility 1 New Unit 2 New Units 3 New Units 4 New Units A TERNER CENTER REPORT - JULY 2021 10 SB 9 is unlikely to lead to significant demolition of the existing stock. We found that nearly 97 percent of single- family homes would be retained under SB 9’s provisions, either without any modifi- cation or with less intensive development (e.g., subdividing the existing structure to enable a duplex conversion). In many places, existing zoning allows homes to be demolished and replaced with larger single-family homes, which we found was the most financially attractive scenario on 1 percent of all single-family parcels under our business-as-usual scenario. Under SB 9, the likelihood of tearing down a single- family home and replacing it with a larger single-family home falls by half to 0.5 percent due to other viable development opportunities. While SB 9 would provide a boost in three- and four-unit feasibility, duplexes would be the most domi- nant form of financially-feasible development. The majority of viable development oppor- tunities should SB 9 be enacted would result in two units per existing lot (Figure 5). Duplexes comprise an important block of this new capacity, accounting for 35 percent of all new units, two thirds of which would be in converted existing single-family homes. SB 9 would also enable a somewhat higher total number of feasible units by allowing greater uptake of three- and four-unit development. Figure 5. Estimates of Parcels with Feasible Capacity Under SB 9 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,000,000 1 Unit (1 for 1replacement of existinghome) 2 Units 3 Units 4 Units A TERNER CENTER REPORT - JULY 2021 11 There is wide regional variation in market-feasible units. The amount of new market-feasible units varies by region. Los Angeles County resulted in the most new market-feasible units under SB 9 with approximately 126,000 new homes. While significant, Los Angeles County also comprises both the most single-family parcels and SB 9 eligible parcels (Table 2). Analyzing new market-feasible units per eligible single- family parcel finds that Yuba, El Dorado, Sutter, and Nevada counties would see the most new market-feasible potential per parcel, although the overall number of new feasible units is relatively low compared to larger counties. Many coastal California counties exhibited higher than average per parcel unit ratios, such as Marin, Santa Cruz, San Luis Obispo, and Santa Barbara counties, signaling that rents and sales prices there could support new homes resulting from SB 9. Mean- while, most Central Valley counties, such as Fresno, Merced, Kern, and Stanislaus, showed below average potential for new homes per parcel, reflecting lower finan- cial feasibility. For a list of all county results, see Appendix A. At the city level, the state’s most populous jurisdictions were all below average for market-feasible units per parcel, as shown in Table 3. Owner-occupancy requirements would have a limited negative impact on the market feasibility of devel- opment pursuant to SB 9, but they could have a much larger impact on actual delivery of units under SB 9. SB 9, as currently written, allows juris- dictions to impose owner-occupancy requirements for lot split applicants, but not for duplex conversions. Our analysis finds that, if every jurisdiction imposed owner-occupancy requirements, the total financially feasible units enabled by SB 9 would decrease by roughly 6 percent, or approximately 40,000 units. This limited impact reflects the fact that our model indicates only 10 percent of new units under SB 9 would be attributable to lot splits. While the owner-occupancy requirement would have only a modest impact on the financial viability of new units, it may have a significant effect on the number of owners willing to actually pursue new develop- ment on their properties. By preventing owners from splitting a lot unless they plan to live there themselves for at least a year, or from allowing a developer to take on development involving a lot-split pursuant to SB 9, the owner-occupancy requirement may reduce the number of homes that will result from SB 9. Shifts in construction costs and rental and sales prices could change development feasibility. In addition to assessing the potential impact of SB 9 using current market conditions, we also ran a sensitivity anal- ysis to examine the potential impact of SB 9 under different market scenarios. Our analysis found that a 10 percent decrease in construction costs could increase the amount of market-feasible units by 5 percent, or roughly 36,000 more units than the 700,000 baseline impact of SB 9. Local and state policymakers should therefore also consider policies that could help reduce the costs of production to enable policies such as SB 9 to work more effectively in more places. In the oppo- site direction, we found that a 10 percent increase in construction costs lowers development feasibility by 4.5 percent, or by approximately 32,000 units. Our A TERNER CENTER REPORT - JULY 2021 12 County Total single- family parcels SB 9-eligible parcels Parcels where SB 9 would increase the number of market- feasible units Parcels where SB 9 changes feasible outcome from no net new units to 1+ net new units* Total market- feasible new units if SB 9 is enacted** Total market- feasible new units divided by SB 9 eligible lots Los Angeles 1,441,000 1,210,500 79,500 18,000 127,000 0.10 San Diego 554,500 398,500 28,500 9,000 54,500 0.14 Orange 557,000 486,000 26,500 8,500 47,000 0.10 Riverside 563,000 483,000 36,500 10,000 62,500 0.13 San Bernardino 493,000 385,000 32,000 8,000 56,500 0.15 Santa Clara 331,000 319,500 22,000 8,500 40,000 0.13 Alameda 306,500 277,000 16,000 3,500 25,000 0.09 Sacramento 369,500 360,500 25,000 5,000 40,500 0.11 Contra Costa 263,500 239,000 20,000 7,500 38,000 0.16 Fresno 203,500 186,000 5,500 500 10,500 0.06 Statewide totals (excluding counties with pop. under 45,000) 7,470,500 6,182,500 410,000 111,500 714,000 0.12 Table 2. SB 9-Eligible Parcels and Market-Feasible New Units by Largest Counties *Note: This is a subset of the parcels where SB 9 would increase the number of market-feasible units. **Note: Market-feasible new units are rounded. A TERNER CENTER REPORT - JULY 2021 13 City Total single- family parcels SB 9-eligible parcels Parcels where SB 9 would increase the number of market- feasible units Parcels where SB 9 changes feasible outcome from no net new units to 1+ net new units** Total market- feasible new units if SB 9 is enacted Total market feasible new units divided by SB 9 eligible lots Los Angeles 447,500 355,000 23,000 6,000 37,500 0.11 San Diego 203,500 133,000 7,000 3,000 13,000 0.10 San Jose 168,500 168,000 10,500 2,500 16,000 0.10 San Fran-cisco 94,500 93,500 6,500 500 8,500 0.09 Fresno 104,000 104,000 2,000 100 4,000 0.04 Sacramento 116,500 116,000 6,500 800 9,500 0.08 Long Beach 59,500 58,500 3,000 200 3,500 0.06 Oakland 66,500 51,000 3,000 100 3,500 0.07 Bakersfield 87,500 87,500 5,000 2,000 9,000 0.10 Anaheim 43,000 36,000 2,500 1,000 4,000 0.11 Table 3. SB 9-Eligible Parcels and Market-Feasible New Units by Most Populous California Cities* *Note: This is a subset of the parcels where SB 9 would increase the number of market-feasible units. **Note: Market-feasible new units are rounded. A TERNER CENTER REPORT - JULY 2021 14 model also analyzed sensitivity to changes in rental and sales prices. We found that a 10 percent increase in prices resulted in an 8 percent increase in market-feasible units, or roughly 57,000 more units. Policy Implications A significant amount of land in California has historically been designated for single- family homes, limiting the development of a greater diversity of urban infill housing options in jurisdictions across the state. Solving California’s housing crisis—let alone tackling the challenges of climate change and residential segregation— requires policies that intensify land use in these communities. California’s statewide ADU laws were a step in the direction of gently adding more density to simulta- neously address the housing, climate, and equity challenges faced by the state. But, in other ways, California lags behind other states in its land use regulations and dogged resistance to changing single- family zoning. For example, the state of Oregon recently required jurisdictions to allow multifamily housing—either two or three units—on all single-family parcels. Some cities have gone even further, such as Portland and Minneapolis, both of which have voted to loosen allowable homebuilding on single-family parcels. While many cities in California—including Los Angeles, San Diego, San Jose, Sacra- mento, Berkeley, and Oakland—are exploring similar options, SB 9 could play an important role in enabling the construc- tion of a significant amount of new house options that are smaller-scale, more cost-effective, more varied, and inclusive across the urban areas of the state. Our analysis shows that approximately 700,000 new, market-feasible homes would be enabled under SB 9. But despite the concerns of some of its detractors, SB 9 will not lead to the overnight trans- formation of residential neighborhoods. Differential owner preferences and limited applicability means that only a share of that potential is likely to be developed, particularly in the near term as aware- ness and capacity expands. As such, while important, the new units unlocked by SB 9 would represent a fraction of the overall supply needed to fully address the state’s housing shortage. Policymakers should consider comple- mentary strategies to ensure that this legislation is effective. These strategies could include outreach to make sure that homeowners are aware of and understand the opportunities allowed by recent policy changes, either through SB 9 or existing ADU laws, and the expansion of more robust financing options to moderate- and low-income owners who wish to add new units to their parcels. Increasing housing production in single-family zoned areas is also not the only policy shift that is needed. Policymakers should add addi- tional tools to boost supply overall, including by expanding permissible residential development on commercial property and by further reducing local barriers to new housing through expe- dited approval processes for conforming projects and reform of the local regula- tory barriers and fees. APPENDIX A County Name Existing SFR Lots SFR Lots Eligible for SB 9 Additional Lots with 1+ Unit Capacity Under SB 9 SB 9 Net Change in Market-Feasible Units* SB 9 Net Units Per Eligible Lot Alameda 306,306 276,795 3,633 25,000 0.09 Butte 65,020 32,720 47 3,000 0.09 Contra Costa 263,303 238,957 7,438 38,000 0.16 El Dorado 57,386 19,133 583 4,500 0.24 Fresno 203,474 185,908 564 10,500 0.06 Humboldt 35,672 22,560 93 2,500 0.11 Imperial 33,036 27,002 76 1,500 0.06 Kern 216,321 174,219 2,226 14,500 0.08 Kings 29,045 26,784 87 1,500 0.06 Lake 27,095 10,257 60 1,000 0.10 Los Angeles 1,441,148 1,210,729 18,130 127,000 0.10 Madera 35,785 22,474 1,196 4,500 0.20 Marin 60,998 46,841 2,163 9,500 0.20 Mendocino 19,350 8,949 90 1,500 0.17 Merced 55,676 51,972 106 2,500 0.05 Monterey 75,348 55,097 845 6,000 0.11 Napa 31,248 25,890 1,108 5,000 0.19 Nevada 43,090 5,618 199 1,500 0.27 Orange 557,820 485,756 8,730 47,000 0.10 Placer 125,458 94,273 1,448 13,000 0.14 Riverside 562,935 482,821 10,149 62,500 0.13 Appendix Table 1. County-Level Results APPENDIX A County Name Existing SFR Lots SFR Lots Eligible for SB 9 Additional Lots with 1+ Unit Capacity Under SB 9 SB 9 Net Change in Market-Feasible Units* SB 9 Net Units Per Eligible Lot Sacramento 369,605 360,485 5,006 40,500 0.11 San Benito 12,747 9,940 740 2,500 0.25 San Bernardino 492,806 385,243 7,848 56,500 0.15 San Diego 554,502 398,386 9,015 54,500 0.14 San Francisco 94,400 93,514 486 8,500 0.09 San Joaquin 164,796 147,577 2,159 14,000 0.09 San Luis Obispo 75,016 53,068 1,229 8,500 0.16 San Mateo 151,508 134,531 3,112 17,000 0.13 Santa Barbara 91,540 75,399 1,506 10,000 0.13 Santa Clara 331,232 319,319 8,527 40,000 0.13 Santa Cruz 54,817 43,522 1,422 8,000 0.18 Shasta 55,366 25,997 402 3,500 0.13 Solano 110,592 105,962 684 8,500 0.08 Sonoma 124,610 103,452 2,688 16,500 0.16 Stanislaus 123,922 116,754 1,542 9,500 0.08 Sutter 24,707 19,357 1,111 4,000 0.21 Tehama 18,504 7,903 35 500 0.06 Tulare 104,235 86,679 1,096 6,000 0.07 Tuolumne 25,386 995 1 100 0.10 Ventura 184,033 135,836 1,604 14,500 0.11 Yolo 43,761 40,940 550 4,500 0.11 Yuba 16,743 13,064 2,016 4,500 0.34 Statewide Total 7,470,342 6,182,678 111,746 714,100 0.12 Appendix Table 1. County-Level Results (Continued) +Note: Parcels that could have feasibly built ADUs or JADUs in a pre-SB 9 scenario are not included in the “New Market-Feasible Lots Under SB 9” category in this table, even if our analysis found that under SB 9, they could now feasibly build three or four units. As a result, per lot averages of new feasible units will yield results higher than four units per lot. *Note: Market-feasible new units are rounded APPENDIX B Specific Modeling Assumptions The following assumptions were incorporated into MapCraft’s analysis of SB 9. Allowed Prototypes The prototypes in the following tables were evaluated on each site. Keep Existing Structure Demo Existing Structure Do nothing Build new single-family residence (SFR) Add detached ADU (DADU) Build new SFR + detached ADU (DADU) JADU conversion + DADU Build new SFR + DADU + JADU Convert to duplex Build duplex Convert to duplex + DADU Build duplex + DADU Convert to duplex + DADU + JADU Build duplex + DADU + JADU Appendix Table 2. Prototype Options When SB 9’s Lot Split Provision Is NOT Used Italicized indicates outcomes that are possible in the business-as-usual scenario under current single-family zoning, without SB 9. Keep Existing Structure Demo Existing Structure and Create Two Lots Subdivided Lot with Existing Structure New Lot Build two new SFR Do nothing SFR Build two new SFR + ADU Add detached ADU (DADU)SFR Build two new SFR + JADU + ADU JADU conversion SFR Build two new duplexes JADU conversion + DADU SFR Duplex conversion SFR Do Nothing SFR + ADU Add detached ADU (DADU)SFR + ADU JADU conversion SFR + ADU JADU conversion + DADU SFR + ADU Duplex conversion SFR + ADU Do nothing SFR + JADU + ADU Add detached ADU (DADU)SFR + JADU + ADU JADU conversion SFR + JADU + ADU JADU conversion + DADU SFR + JADU + ADU Duplex conversion SFR + JADU + ADU Do nothing Duplex Add detached ADU (DADU)Duplex JADU conversion Duplex JADU conversion + DADU Duplex Duplex conversion Duplex Appendix Table 3. Prototype Options When Using SB 9’s Lot Split Provision For new-built duplex prototypes, MapCraft evaluated both stacked and side-by-side vari- ations at a variety of scales. Also, four scales of single-family prototypes were tested. In total, 652 pro formas were evaluated on each parcel. Data Inputs The parcel data for this analysis was provided by UrbanFootprint and includes approxi- mately 7.5 million parcels: all parcels with single-family dwellings in California counties with populations greater than 45,000 people. For the purposes of this work, all properties with single-family detached land use were assumed to currently have one existing unit (i.e., no ADUs) and single-family zoning that limited development of multiple primary units. To support the assumption, UrbanFoot- print scanned zoning in a sample of cities, finding that the vast majority of parcels with single-family homes are zoned for single-family. UrbanFootprint’s parcel data included information on each lot and the single-family homes on those lots. In combination with tax assessor data, the value of each existing single-family property was estimated in the second quarter of 2020. To be realistic about the policy constraints that limit development under current policies and SB9, MapCraft relied on coarse zoning-like limitations interpolated from homes built in each tract between 2005 and 2020. MapCraft assumed that developments on a parcel would need to conform to the 90th percentile of height, FAR, and lot coverage of other recently built homes in the same census tract. In other words, MapCraft assumed that plexes would be held to the same bulk restrictions as newer single-family homes. MapCraft’s financial calculations incorporated data and assumptions about early 2020 rents, sales prices, construction costs, and investors’ expected return rates, which were validated by ECONorthwest and Economic & Planning Systems, two West Coast economics consultancies. Early 2020 data was used given the volatility of both the rental and for-sale prices during the COVID-19 pandemic. MapCraft’s market demand informa- tion relied on multiple sources, including CoStar, Zillow, tax assessors, U.S. Census, and transaction records. MapCraft’s construction cost information was based on interviews with cost observations localized based on RS Means. Financial expectations of investors and lending terms were based on MapCraft’s conversations with industry professionals. Finally, the modeling relied on assumptions about parking requirements, typical unit sizes, development fees, and other factors that inform development. The Terner Center provided input on parking and fees that were incorporated into the analysis. Tenancy-Based Eligibility Restrictions SB 9 prohibits demolition or alteration of renter-occupied housing. To address this, Mapcraft used the percentage of single-family rentals in each tract (per the U.S. Census) to discount results for outcomes that require demolition of the existing structure. SB 9 also allows jurisdictions to impose certain owner-occupancy requirements. Mapcraft tested the impact of this provision by running bookend scenarios at two extremes: 1) no jurisdictions impose owner-occupancy restrictions, and 2) all jurisdictions impose owner-occupancy restrictions. To model the owner-occupancy requirement, Mapcraft disallowed all-rental valuation options and prototype options that required demolition of the existing structure. Mapcraft also tested the imposition of a risk premium threshold that eliminates any second split lot prototypes that do not generate residual land values that exceed the reduced value of the original property by 25 percent. Notably, the results do not estimate the number of owner-occupants that may pursue development given an owner-occupancy requirement. Lot Splitting Limitations MapCraft used the following assumptions in modeling the ability of a parcel to split into two lots: • Lots smaller than 2,400 square feet cannot be split. • In cases where the existing structure is retained, the lot must have at least 4,000 sq ft of unbuilt area (after deducting the footprint of the existing structure from the lot size). Parking Provision MapCraft used Terner Center’s California Residential Land Use Survey to help define parking delivery minimums. Even if a jurisdiction’s code or SB 9 eliminates parking requirements, demand for parking may still exist, and developers will still provide parking. MapCraft assumed that developers will provide at least the parking ratios shown in Appendix Table 4. Within ½ Mile of High-Capacity Transit Not Near High-Capacity Transit Small Units (2 Bedrooms or Fewer)0.5 stalls/unit 1 stall/unit Large Units (3+ Bedrooms)1 stall/unit 2 stalls/unit Appendix Table 4. Assumptions of Minimum Demanded Parking for New Construction In prototypes where a small unit is added without a lot split or demolition of the existing structure, MapCraft assumed that no new parking spaces will be added. Relaxed Zoning Restrictions SB 9 prohibits local jurisdictions from imposing zoning standards on two-unit develop- ments or newly split lots that would physically preclude the construction of up to two units, or that would preclude units from being at least 800 square feet. To reflect this, MapCraft increased the existing zoning restrictions on FAR, lot coverage, and impervious coverage. FAR was relaxed by increasing the allowed FAR by one quarter, lot coverage was relaxed by one quarter up to 75 percent coverage, and impervious coverage was increased one quarter up to 90 percent coverage. ENDNOTES 1. It is often difficult for a homeowner to finance an ADU. Few loan products exist to finance ADU construction, and those that are available often do not go far enough to cover the costs of development. See https://ternercenter.berkeley.edu/research-and-policy/ reaching-californias-adu-potential-progress-to-date-and-the-need-for-adu-finance/. 2. Senate Bill 9: Housing development approvals, April 27, 2021. https://leginfo.legis- lature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=202120220SB9 3. Chapple, K., et. al. (2020). “Reaching California’s ADU Potential: Progress to Date and the Need for ADU Finance.” Retrieved from: https://ternercenter.berkeley.edu/wp-con- tent/uploads/2020/12/ADU-Brief-2020.pdf. 4. 2021 Casita Coalition Best Practices Webinar Series. https://www.youtube.com/ playlist?list=PLRPPog7f6IzVUuadN9ED5HztZGU_tgY32 5. Garcia, D., Tucker, J. & Schmidt, I. (2020). “Single-Family Zoning Reform: An Analysis of SB 1120.” Terner Center for Housing Innovation, UC Berkeley. Retrieved from: https://ternercenter.berkeley.edu/wp-content/uploads/2020/12/Single-Family_ Zoning_Reform_An_Analysis_of_SB_1120.pdf. 6. On average, California added roughly 100,000 new homes each year between 2015 and 2019. California Industry Research Board, “Housing Production in California, 2005- 2019”. 7. The following counties are not included: Calaveras, Siskiyou, Amador, Lassen, Glenn Del Norte, Colusa, Plumas, Inyo, Mariposa, Mono, Trinity, Modoc, Sierra, and Alpine. 8. For more information on the financial dynamics of development decisions, see our 2019 brief “Making it Pencil: The Math Behind Housing Development”. 9. Mawhorter, S. & Reid, C. (2018). Terner California Residential Land Use Survey. Berkeley, CA: University of California, Berkeley. Retrieved from: https://californialan- duse.org/. 10. Historic areas were determined using National Park Service data, which does not include local or state historic designations. ACKNOWLEDGMENTS Thank you to the Terner Center team including Issi Romem, Carolina Reid, and Elizabeth Kneebone for their review and expertise as well as Paavo Monkkonen and Denise Pink- ston for their input and feedback. Also, thank you to UrbanFootprint for the use of their statewide parcel dataset. This research does not represent the institutional views of UC Berkeley or of Terner Center’s funders. Funders do not determine research findings or recommendations in Terner Center’s research and policy reports. ABOUT THE TERNER CENTER The Terner Center formulates bold strategies to house families from all walks of life in vibrant, sustainable, and affordable homes and communities. Our focus is on generating constructive, practical strategies for public policy makers and innovative tools for private sector partners to achieve better results for families and communities. For more information visit: www.ternercenter.berkeley.edu EXHIBIT 2 EXHIBIT 3 TOWN OF TIBURON 1 BACKGROUND On September 16, 2021, the Governor of California signed Senate Bill 9 (SB 9) into which amends or adds several sections to the Government Code (sections 65852.21, 66411.7, and 66452.6). SB 9 became effective on January 1, 2022, thereby streamlining the development of housing and allowing multiple housing units on single family zoned properties, and requires local jurisdictions to grant such project through a ministerial approval process. In effect the law requires ministerial approval of two-unit developments and lot splits in single-family residential zones that meet certain criteria. The intent of SB 9 is to address California’s housing shortage by increasing density in single-family neighborhoods, allowing additional units to be built on a lot that is currently zoned for a single-family residence. SB 9 builds on previous State legislation for accessory dwelling units (ADUs) but provides greater opportunities for sale and ownership of the resulting units. While SB 9 mandates that two-unit developments and urban lot splits be allowed through a ministerial review in the single-family zones, if they meet stated criteria, local jurisdictions are allowed to apply objective subdivision and development standards, as well as objective design review standards. Although the Town of Tiburon is not required to adopt an ordinance to implement SB 9, staff recommends that the Planning Commission amend the residential zoning regulations to establish clarity and certainty for staff, property owners, and the larger community. In addition, staff recommends the Planning Commission recommend amendments to Chapter 14 of the Municipal Code pertaining to lot splits (Parcel Maps) to allow for ministerial processing of maps and applying applicable standards, also required under SB 9. In this case, clarity and certainty are particularly important because the ministerial process required by SB 9 is implemented entirely by Town staff without any public notice, public hearings to review or assist in the approval of a development. The proposed amendments to the residential zoning districts zoning are intended to serve two purposes for the Town: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Planning Commission Meeting March 23, 2022 Agenda Item: PH-1 STAFF REPORT To: Members of the Planning Commission From: Community Development Department Subject: Consider Recommendation to Town Council for Town-initiated amendments to the Tiburon Municipal Code, adding Chapter 16.53 (two-unit developments) to Chapter 16 (Zoning) and Chapter 14-3.313 (Urban Lot Splits) to Chapter 14 (Subdivision of Land) Exhibit 3 TOWN OF TIBURON 2 1. Establish clear and objective standards for the review of future applications by staff for lot splits and new housing in all residential zoning districts that permit development of single-family homes as required by SB 9. 2. Encourage well-designed infill housing in the single-family residential family in support of the Town’s Regional Housing Needs Allocation (RHNA). The Housing Element of the General Plan is currently being updated for the period 2023 -2031. The Housing Element establishes the goals, policies, and actions necessary to ensure an adequate supply of housing to meet Tiburon’s RHNA, which is 639 units. In 2021, seven (7) ADUs were approved and four (4) JADUs were approved. Of those approved, two (2) have been completed and one single family home was constructed. SB 9 provides authority to develop each lot with a total of 4 units and also permits local jurisdictions to limit infill development to 4 units by prohibiting ADU’s and JADU’s on lots that have developed two units and or split parcels. SB 9 provides authority to develop each lot with a total of 4 units and also permits local jurisdictions to limit infill development to 4 units resulting 8 units after a lot split has been granted. While not expected to significantly increase housing production in residential zones, this easing of restrictions on two-unit developments and land divisions in the residential zones can provide opportunities for infill development, as well as affordable rental and home ownership opportunities. SB 9 allows for the development of new, for-sale homes, either on a newly subdivided lot, with the addition of one residential unit where a single-family home already exists, or through the conversion of existing single-family homes into two family homes. This ability to create duplexes and/or split a lot and convey new units with a distinct title would allow property owners to pursue a wider range of financing options than have typically been available for ADU construction. A report by the Terner Center for Housing Innovation at UC Berkeley (Exhibit 3) projects that the impact of SB 9 on housing development in California will be moderate. The report states: “Under our business-as-usual scenario, we estimate 1,800,000 new ADUS/JADUS are currently market-feasible and could be built under today’s zoning laws across California’s 7,500,000 existing single-family housing parcels. With SB 9, we estimate that approximately 700,000 additional new units would become market-feasible, representing a 40 percent increase in existing development potential across California’s single-family housing parcels.” Staff anticipates that the increase in housing production in Tiburon’s residential zones as the result of the recommended amendments will be moderate. Over eight years, new development in the single family could potentially add 420 units toward the Town’s 639-unit RHNA obligation, that is if each residential lot develops their lots with one additional unit. Based on our production of housing over the past five years this does not seem plausible, but nevertheless, the opportunity to create housing units is possible through application of provisions granted through SB 9. TOWN OF TIBURON 3 ANALYSIS The Town of Tiburon Municipal Code currently allows single family residential units and Accessory Dwelling Units within all residential zones. SB 9 requires local jurisdictions to approve up to two units on each residential lot and can permit two additional units with an ADU and JADU. A local jurisdiction is not required to permit more than two-units on a parcel created through an urban split or developed as part of the allowable two units per lot provision of SB 9. The proposed ordinance recommends a process to approve two units per parcel and prohibits ADUs and JADUs-limiting the number of total units resulting from a lot split to four (4) (i.e., 2 units per parcel resulting from a lot split). There have been a number of development inquiries regarding development of residential units since the SB 9 became effective on January 1, 2022. Staff has not received any applications prior to or as part of the consideration of adoption of the attached Draft ordinance. ENVIRONMENTAL REVIEW Pursuant to Government Code sections 65852.21(j) and 66411.7(n), adoption of an ordinance to implement SB 9 is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. Therefore, the proposed amendments to the TMC implementing SB 9 are not subject to review under CEQA. 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 EXHIBITS 1. Planning Commission Resolution 2. Draft Ordinance 3. SB 9 Legislation 4. Terner Report EXHIBIT 4 Page 1 of 12 Exhibit 1 ORDINANCE NO. XXXX AN ORDINANCE OF THE TOWN OF TOWN OF TIBURON ADDING CHAPTER 14- 3.313 (URBAN LOT SPLITS) TO CHAPTER 14 (SUBDIVISION OF LAND) AND CHAPTER 16.53 (TWO-UNIT HOUSING DEVELOPMENTS) TO CHAPTER 16 (ZONING) OF THE TOWN OF TIBURON MUNICIPAL CODE, TO IMPLEMENT GOVERNMENT CODE SECTIONS 66411.7 AND 65852.21 (SENATE BILL 9) RELATED TO URBAN LOT SPLITS AND TWO-UNIT HOUSING DEVELOPMENTS WHEREAS, SB-9 (Chapter 162, Statutes of 2021) enacted sections 66411.7 and 65852.21 to the Government Code, effective January 1, 2022; and WHEREAS, these provisions require the Town to provide ministerial approval of urban lot splits, (“Urban Lot Splits”) and the construction of up to two residential dwelling units (“Two-Unit Developments”) on each single-family residential zoned lot within the Town, subject to certain limitations; and WHEREAS, Government Code section 66411.7(a) limits eligibility of Urban Lot Splits by size and proportionality; and WHEREAS, Government Code sections 66411.7(a)(3)(C) and 65852.21(a)(2) limit Urban Lot Splits and Two-Unit Developments, respectively, to sites that are not located on or within certain farmland, wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified for conservation, habitats for protected species, and historic properties, unless projects on such sites meet specified conditions; and WHEREAS, Government Code sections 66411.7(a)(3)(D) and 65852.21(a)(3) through (a)(5) limit eligibility of an Urban Lot Split and a Two-Unit Development, respectfully, that proposes to demolish or alter housing subject to affordability restrictions, housing subject to rent or price controls, housing that has been occupied by a tenant in the last three years, housing that has been withdrawn from rent or lease within the past 15 years, and housing that requires demolition of existing structural walls unless authorized by local ordinance or has not been tenant-occupied within the past 3 years; and WHEREAS, Government Code sections 65852.21(a)(6) and 66411.7(a)(3)(E) allow a Town to deny an Urban Lot Split for properties within a historic district or listed on the State’s Historic Resource Inventory or within a site that is designated or listed as a Town or county landmark or historic property or district pursuant to a Town or county ordinance; and Page 2 of 12 WHEREAS, Government Code sections 66411.7(c) and 65852.21(b) allow a Town to establish objective zoning standards, objective subdivision standards, and objective design review standards for Urban Lot Splits and Two-Unit Developments, respectively, subject to limits within state law; and WHEREAS, such objective zoning standards, objective subdivision standards, and objective design review standards may not have the effect of “precluding the construction of two units on either of the resulting parcels from an Urban Lot Split or that would result in a unit size of less than 800 square feet” for a Two-Unit Development; and WHEREAS, Government Code sections 66411.7 and 65852.21 allow a Town to deny a proposed Two-Unit Development or Urban Lot Split, respectively, if the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and WHEREAS, pursuant to Government Code sections 65852.21(j) and 66411.7(n), the Town may adopt an ordinance to implement the provisions of Government Code sections 65852.21 and 66411.7, and such an ordinance shall not be considered a project under the California Environmental Quality Act (“CEQA”); and WHEREAS, the Town Council desires to implement objective standards and an application process for projects undertaken pursuant to Government Code Sections 65852.21 and 66411.7 by the adoption of such an ordinance. NOW THEREFORE, The Town council of the Town of Tiburon does ordain as follows: Section 1. The above findings are adopted and incorporated herein. Section 2. Section 14-3.313- 14-3.316 (Urban Lot Splits) is added to Chapter 14 (Subdivisions) of the Town of Tiburon Municipal Code to read as follows: Page 3 of 12 Title 14 URBAN LOT SPLITS 14-3.313. Purpose and Intent. It is the purpose of this Chapter to provide procedures necessary for the implementation of section 66411.7 of the Government Code pertaining to Urban Lot Splits. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety, and general welfare, and for the promotion of orderly growth and development. 14-3.314 Definitions. A. Urban Lot Split. The subdivision of a parcel within a residential single-family zone into no more than two parcels pursuant to the authority set forth in section 66411.7 of the Government Code. 14-3.315 Filing, Processing, and Action. A. Ministerial Review. An Urban Lot Split shall be ministerially approved, without discretionary review or hearing, if the proposed housing development meets all provisions of this chapter and conforms to all applicable objective requirements of the Subdivision Map Act (Division 2) commencing with section 66410 of the Government Code. B. Parcel Map. Applicants for Urban Lot Splits shall submit a Parcel Map application. 1. Applications shall include, at a minimum: i. An affidavit from the applicant stating the applicant intends to occupy one of the housing units created through an Urban Lot Split as the applicant’s principal residence for a minimum of three years from the date of the approval of the urban lot split. An affidavit shall not be required if the applicant is a community land trust or qualified nonprofit corporation under Sections 214.15 or 402.1 of the Revenue and Taxation Code. ii. Parcel map applications shall be accompanied with all data and reports as set forth in Section 14-3.304 and the fees as set forth in the applicable Town fee schedules. Page 4 of 12 2. Parcel maps for Urban Lot Splits shall not be conditioned on dedication of right of way or construction of offsite improvements. C. The Town shall act on a Parcel Map application for an Urban Lot Split within 50 days of receipt of a complete application. If the applicant requests a delay in writing, the 50-day time period shall be tolled for the period of the delay. The Town has acted on the application if it: 1. Approves or denies a Parcel Map application for an Urban Lot Split; or 2. Informs the applicant in writing that changes to the proposed project are necessary to comply with this Chapter or other applicable laws and regulations. D. Adverse Impact Upon Health and Safety. A proposed Urban Lot Split shall be denied if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed Two-Unit Housing Development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. E. Limitations on Approval. A proposed Urban Lot Split shall not be eligible for approval pursuant to this Chapter if any of the following circumstances apply: 1. The proposed Urban Lot Split would require demolition or alteration of “protected housing.” Protected housing includes: i. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. ii. Housing that is subject to rent control through valid local rent control provisions. iii. A parcel on which the owner of residential real property has withdrawn accommodations from rent or lease pursuant to Section 7060 of the Government Code within 15 years preceding the development application (i.e., an exit of the rental housing business pursuant to the Ellis Act). iv. Housing that has been occupied by a tenant in the last 3 years. 2. The parcel to be subdivided is located within a historic district, is included on the State Historic Resources Inventory, or is within a site Page 5 of 12 that is legally designated or listed as a Town or county landmark or historic property or district. 3. The parcel to be subdivided satisfies the requirements of subsections (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code. 4. The parcel to be subdivided has been established through prior exercise of an Urban Lot Split pursuant to this Chapter. 5. Neither the owner of the parcel to be subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split pursuant to this Chapter. “Acting in concert” means the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel. 14-3.316 Development Standards. The following objective development standards shall apply to Urban Lot Splits. In addition to these standards, all provisions of the California Building Code shall apply to Urban Lot Splits. A. General Standards. 1. Urban Lot Splits shall be permitted in all single-family residential zones, as provided for in Chapter 16 of the Municipal Code. 2. Uses created through an Urban Lot Split shall be limited to residential uses. 3. Short Term Rentals Prohibited. The rental of any unit created through an Urban Lot Split shall be for a term of longer than thirty (30) days. 4. Accessory Dwelling Units and Junior Accessory Dwelling Units. i. As more fully set forth in section 16-77.040(A)(5), accessory dwelling unity or junior accessory dwelling units shall not be permitted on parcels created through an Urban Lot Split pursuant to this Chapter. B. Objective Development Standards. Page 6 of 12 1. Both newly created parcels must have a minimum lot size of 1,200 SF, 2. Neither of the resulting parcels can be smaller than 40 percent of the lot area of the original parcel, 3. The resulting parcels must both have access to or adjoins the public right-of-way, sufficient to allow development on the parcel to comply with all applicable property access requirements under the California Fire Code section 503 (Fire Apparatus Access Roads) and California Code Regulations Title 14, section 1273.00 et seq., 4. The resulting parcel shall have four-foot side and rear yard setbacks. C. Exceptions to Development Standards. Notwithstanding subsection B of this section, all development standards shall be subject to the following: 1. Any standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet, shall not be imposed. 2. No setback shall be imposed for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure. 3. Correction of any legal nonconforming zoning condition shall not be required as a condition of approval of an Urban Lot Split. Section 3. Chapter 16.77 (Two-Unit Housing Developments) is added to Title 16 (Zoning) of the Town of Tiburon Municipal Code as set forth below. Title 16 TWO-UNIT HOUSING DEVELOPMENTS 16-77.010 Purpose and Intent. The purpose of this chapter is to provide procedures and development standards for the establishment of Two-Unit Housing Developments pursuant to Government Code section 65852.21. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety, and general welfare, and for the promotion of orderly growth and development. Page 7 of 12 16-77.020 Definitions. A. Two-Unit Housing Development. A Two-Unit Housing Development is a development containing no more than two primary dwelling units and which development either (1) proposes two new units, or (2) proposes to add one new unit to one existing unit. 16-77.030 Filing, Processing, and Action. A. Ministerial Review. A Two-Unit Housing Development shall be ministerially approved, without discretionary review or hearing, if the proposed housing development meets all provisions of this chapter. B. Administrative Permit. Applicants for Two-Unit Housing Developments shall submit an Administrative Permit application in addition to a Building Permit application. C. The Town shall act on an Administrative Permit application for a Two-Unit Housing Development within 60 days of receipt of a complete application. If the applicant requests a delay in writing, the sixty-day time period shall be tolled for the period of the delay. The Town has acted on the application if it: 1. Approves or denies the building permit for the Two-Unit Development; or 2. Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter or other applicable laws and regulations. D. Adverse Impact Upon Health and Safety. A proposed Two-Unit Housing Development shall be denied if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed Two-Unit Housing Development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. E. Limitations on Approval. A proposed Two-Unit Housing Development shall not be eligible for approval pursuant to this Chapter if any of the following circumstances apply: 1. The Two-Unit Housing Development would require demolition or alteration of “protected housing.” Protected housing includes: Page 8 of 12 i. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. ii. Housing that is subject to rent control through valid local rent control provisions. iii. Housing that has been occupied by a tenant in the last 3 years. 2. The Two-Unit Housing Development would be located on a parcel on which the owner has withdrawn it from renting or leasing under Section 7060 of the Government Code within 15 years preceding the development application (i.e., an exit of the rental housing business pursuant to the Ellis Act). 3. The Two-Unit Housing Development would be located within a historic district, is included on the State Historic Resources Inventory, or is within a site that is legally designated or listed as a Town or county landmark or historic property or district. 4. The Two-Unit Housing Development would be located in any of the specified designated areas set forth in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code. 16-77.040 Development Standards. The following objective development standards shall apply to Two-Unit Housing Developments. In addition to these standards, all provisions of the California Building Code shall apply to Two-Unit Housing Developments. A. General Standards 1. Two-Unit Housing Developments may either be detached or attached, as long as attached structures meet building code safety standards and are sufficient to allow separate conveyance. 2. Two-Unit Housing Developments shall be permitted in all single-family residential zones including as provided for in Chapter 16 of the Municipal Code. 3. Short Term Rentals Prohibited. The rental of any Two-Unit Housing Development shall be for a term of longer than thirty (30) days. Page 9 of 12 4. Utility Connections. Each unit in a Two-Unit Housing Development shall be served by separate water, sewer and electrical utility connections which connect each unit directly to the utility. 5. Accessory Dwelling Units. No accessory dwelling unity or junior accessory dwelling unit shall be permitted on parcels that utilize the authority of this Chapter and Section 14-3.313 et seq. (Urban Lot Splits). 6. Height. Two-Unit housing development shall not exceed 16 feet in height. B. Objective Development Standards. 1. The color and materials of the dwelling unit shall match the Primary Unit. 2. Lighting shall be shielded and/or directed such that it does not produce glare visible from off-site or illuminate adjacent or nearby property. 3. The residential unit shall have a permanent full kitchen with a sink, refrigerator and stove/oven. Only one kitchen is allowed per Residential unit. No exterior lights are allowed except two shielded downward pointing lights at the entry to the residential unit. 4. No windows facing the rear and side property lines are allowed when located less than 6 feet from the rear or side property line. 5. No entryways are allowed within 10 feet of a side or rear property line. 6. The Residential unit is not allowed on any open space easement. A title report shall be provided to identify all open-space easements. The Residential unit shall not have any reflective roof or building material. 7. The roof color of the Residential unit shall use similar roof materials and color as the primary dwelling unit. 8. No vents, flues, or appurtenances shall exceed the height limit. 9. No signs are allowed on Residential unit except an address sign. Page 10 of 12 10. No portico, trellis or other roof is allowed as part of the residential unit. A 5x5 foot entryway roof is allowed but must be at least 10 feet from any property line 11. All Building Code requirements, including Appendix Q of the 2019 Residential Code (Tiny Houses) shall apply to all Residential Units. 12. The Residential 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. 13. Two trees shall be planted at each proposed window of the Residential unit facing a neighboring property where such trees are consistent with the Fire Code. 14. Applicant shall submit a water budget consistent with the Model Water Efficient Landscape Ordinance (MWELO) demonstrating water use of no more than 500 gallons per 10,000 sq. ft. of lot area per day. The landscape area of single-family residence, or duplexes shall be designed with no more than 20% of the landscaped area planted in turf or plants that are not water-wise as defined as needing “low” or “very low” water per Water Use Classifications of Landscape Species (WUCOLS) established by the Water Use Efficiency Office of the California Department of Water Resources (DWR) or other sources as verified by a licensed landscape architect. 15. Any protected tree to be removed as part of a new residential unit shall require a tree removal permit. 16. Fire District Regulations. The Residential unit shall comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2. 17. 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 Residential unit. Page 11 of 12 18. Attached Residential units. Independent exterior access separate from the primary dwelling is not required for an attached Residential Unit. C. Exceptions to Development Standards. Notwithstanding subsection B of this section, all development standards shall be subject to the following exceptions: 1. Where each of the units of a Two-Unit Housing Development is no greater than eight hundred (800) square feet in size with side and rear setbacks of at least four (4) feet, the Two-Unit Housing Development shall be permitted regardless of any development standard that would prevent construction of the units. 2. No setback shall be imposed for a Two-Unit Housing Development constructed in the same location and to the same dimensions as an existing structure Section 4. Section 16-79.140 is added to Chapter 16.70 (Residential units) of Title 16 (Zoning) of the Town of Tiburon Municipal Code to read as follows: 16-79.140 Two-Unit Housing Developments and Urban Lot Splits (SB 9). (a). Pursuant to the authority provided by section 65852.21(f) of the Government Code, no Residential unit shall be permitted on any lot in a single- family zoning district if: 1) an Urban Lot Split has been approved pursuant to Chapter 15.31; and 2) a Two-Unit Housing Development has been approved for construction pursuant to Chapter 16.77 herein. (b). Two-Unit Housing Developments, subject to the provisions of this Chapter, and where the lot has not been created through an Urban Lot Split pursuant to Chapter 15.31. Section 6: Environmental Review. The Town Council finds and determines that enactment of this Ordinance is statutorily exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to Government Code sections 65852.21(j) and 66411.7(n), as this action is to adopt an ordinance to implement the requirements of sections 65852.21 and 66411.7 of the Government Code. Page 12 of 12 Section 7: Effective Date. This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption. Section 8: Severability. The Town Council hereby declares every section, paragraph, sentence, cause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 9: Certification. The Town Clerk shall cause this ordinance to be posted and/or published in the manner required by law. This Ordinance was introduced at the meeting of the Town Council on the ___ day of _______ 2022, and was adopted at a regular meeting of the Town Council of the Town of Town of Tiburon on the ___ day of _______ 2022, by the following vote: AYES: NOES: ABSENT: Jon Welner, Mayor 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: Discuss Returning to In-Person Town Council Meetings Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will discuss the potential of returning to in-person Town Council meetings. RECOMMENDED ACTION(S) 1. Discuss and provide feedback to staff about whether and/or when the Council would like to return to in-person Town meetings. BACKGROUND On March 17, 2020, the County of Marin issued a Shelter-in-Place Order due to the COVID-19 pandemic. Recognizing the need to minimize exposure to others and promote social distancing, while still allowing legislative bodies to continue to operate during the emergency, Governor Newsom signed Executive Orders N-25-20 and N-29-20, which suspended certain provisions of the Brown Act and similar rules relating to teleconferencing and electronic meetings. Under these orders, all members of the legislative body were permitted to participate electronically or by phone from any location without posting agendas or opening those locations to the public. Further, the agency was not required to provide a physical meeting space for legislative meetings. On April 1, 2020, the Town began holding virtual public meetings using the Zoom meeting format to allow transparency and public participation during the pandemic. In May/June 2020, the Town’s other boards and commissions began holding virtual public meetings as well. The Council and all the Town’s boards and commissions have been holding fully virtual public meetings with remote participation since then. On September 16, 2021, Governor Newsom signed Assembly Bill 361 (AB 361) following the expiration of his 2020 Executive Orders. AB 361 extended the suspension of certain provisions of the Brown Act and the authority of public agencies to conduct virtual meetings during the COVID-19 pandemic. AB 361 is effective through January 1, 2024. Since September 2021, Council has adopted resolutions making the necessary findings to continue operating fully virtual public meetings during a state of emergency every 30 days, in accordance with AB 361. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 4, 2022 Agenda Item: DI-1 Town Council Meeting April 20, 2022 TOWN OF TIBURON PAGE 2 OF 3 ANALYSIS Tonight staff is seeking feedback from the Council regarding returning to in-person meetings. Over the last two years, staff has worked with the Community Media Center of Marin (CMCM) to outfit the Town Council Chambers with the necessary camera and AV equipment to digitally stream legislative body meetings taking place in the Chambers. Additionally, due to a positive community response to the ability to virtually participate in Zoom meetings, staff and CMCM have also equipped the Chambers with the ability to offer a remote participation option for members of the public to call in to in-person meetings. Meeting Options Continue operating virtual meetings until a date to be determined. If the Council feels there is still imminent danger of holding in-person Council and board meetings, the Council may still continue operating virtual meetings under AB 361. Every 30 days, the Council will be required to make the required findings of health and safety risk to holding in-person meetings. Continue operating virtual meetings until a specified date. The Council may wish to deliberate tonight on when it would like the Town Council and its boards to resume in-person meetings. If the Council wishes to return to in-person meetings, staff is seeking additional feedback from the Council on the following: 1. Does the Council wish to require masks or vaccine verification for in-person participants? Marin County has aligned its current Public Health Orders with the State of California’s Public Health Orders which, at this time, only strongly encourages mask wearing in crowded environments where vaccine status cannot be confirmed. The Town is still requiring masks to enter the facility and Town staff are still wearing masks in their workplace. As of April 1, 2022, indoor event guidance will no longer require vaccine verification for indoor events of any size. 2. Does the Council wish to allow remote Town-Council member participation in in- person meetings? If the Council wishes to return to in-person meetings, the Council will no longer be making the necessary findings to operate meetings in emergency conditions under AB 361. Therefore, the Brown Act rules regarding councilmember teleconferencing will apply. Councilmembers teleconferencing into the meeting will be required to publish the address at which they will be teleconferencing from on the agenda, the agenda must be posted at the location 72 hours prior to the meeting, and the teleconference location must be open and accessible to the public. Additionally, at least a quorum of the Council must be within Tiburon’s jurisdiction. 3. Does the Council wish to discuss the regular meeting start time? Prior to the COVID- 19 pandemic, the Town Council’s regular meeting start time was 7:30 p.m. On May 6, 2020, the Council changed its regular meeting start time to 5:00 p.m. by Resolution 20- 2020, which was established to only remain in effect while the Council was meeting Town Council Meeting April 20, 2022 TOWN OF TIBURON PAGE 3 OF 3 virtually. When the Council resumes in-person meetings, without further action from the Council, the Council’s regular meeting time will revert back to 7:30 p.m. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by discussion of this item. 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. Discuss and provide feedback to staff about whether and/or when the Council would like to return to in-person Town meetings. Prepared By: Lea Stefani, Town Clerk