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HomeMy WebLinkAboutTC Agd Pkt 2023-01-18 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council January 18, 2023 Special Meeting – 4:00 P.M. 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/81785275004 Webinar ID: 817 8527 5004 Call-in Number: 1 669 444 917 Access Code: 817 8527 5004 Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s website and to this agenda. Members of the public may provide public comment by sending comments to the Town Clerk by email at comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be distributed electronically to the Town Council and posted on the Town’s website. Comments received after the start time of the Council meeting, but prior to the close of public comment period for an item, will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the Town Clerk who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at www.townoftiburon.org. SPECIAL MEETING – 4:00 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Thier, Councilmember Welner, Vice Mayor Griffin, Mayor Ryan INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS • Nooshin Latour, Diversity Inclusion Task Force • Christine Patel, Diversity Inclusion Task Force • Stephen M. Golden, Diversity Inclusion Task Force • Amannda Schneider, Diversity Inclusion Task Force ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for November 16, 2022 special and regular Town Council meetings (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for December 7, 2022 special and regular Town Council meetings (Department of Administrative Services) CC-3. Teleconference Meetings – Adopt resolution that would allow the Town to continue to operate virtual board meetings in accordance with AB 361 (Department of Administrative Services) CC-4. Vacancies on Town Boards, Commissions, and Committees – Announce pending vacancies for 2023 (Department of Administrative Services) CC-5. Community Risk Reduction Awareness Week – Adopt resolution in recognition of Community Risk Reduction Awareness Week (Department of Administrative Services) CC-6. Signature Authority – Adopt resolution increasing signature authority to $5,000 and updating approval methods to reflect the Town’s practice of utilizing electronic payment methods (Department of Administrative Services) CC-7. Mid-Management Salary Resolution – Adopt amended Mid-Management Salary resolution to reflect adjustment of the Senior Planner position workweek from 35 hours to 40 hours per week (Department of Administrative Services) CC-8. Investment Summary – Adopt investment summary for month ending October 31, 2022 (Department of Administrative Services) CC-9. Investment Summary – Adopt investment summary for month ending November 30, 2022 (Department of Administrative Services) ACTION ITEMS AI-1. Appointments – Consider appointments to the Marin-Sonoma Mosquito and Vector Control District Board of Trustees and the Diversity Inclusion Task Force (Department of Administrative Services) AI-2. Martha Property Contribution – Consider a budget amendment and authorization of a $200,000 contribution (from previously pledged funds) to the Trust for Public Land for the acquisition of the Martha Property and authorize the Town Manager to execute a contribution agreement with the Trust for Public Land (Office of the Town Manager) AI-3. Tiburon 2040 Draft Housing Element – Provide feedback and direction on any needed revisions to the Town’s draft Housing Element resubmittal to the California Department of Housing and Community Development (Community Development Department) AI-4. Shared Services Agreement – Consider authorization of the Town Manager to execute an agreement with the City of Mill Valley to fund a shared Sustainability Coordinator position and authorize a budget amendment in the amount of $21,000 to fund the position for the remainder of the current Fiscal Year (Office of the Town Manager) AI-5. Broadband/Fiber Optic Infrastructure – Consider Resolution Approving the Acceptance and Appropriation of California Public Utilities Commission (“CPUC”) Local Agency Technical Assistance Grant Funding for a Middle-Mile Fiber Optic Infrastructure Project in the amount of $191,100, and Authorizing the Town Manager to Enter into a Professional Services Contract with Government Technology Group in and Amount not to exceed $68,750.00 for Design and Engineering Services related to the grant, and Authorizing a Fiscal Year 2023 Budget Amendment in the amount of $110,000 for Expenditure of Grant Funds in the Current Fiscal Year (Department of Public Works) AI-6. Town Council Committee Appointments – Review Town Council committee appointments list and consider any changes for 2023 (Department of Administrative Services) AI-7. In-Person Board Meetings – Direct staff on next steps related to the return of in-person board meetings for all Town bodies and consider authorization of the release of a Town Council regular meeting start time survey (Department of Administrative Services) AI-8. Meeting Calendar – Consider adoption of 2023 Town Council regular meeting calendar (Department of Administrative Services) DISCUSSION ITEMS DI-1. REACH Codes – Direct staff on next steps related to local building code amendments to adopt enhanced requirements promoting building and vehicle electrification (Community Development Department) 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. Tiburon Town Council January 18, 2023 Oral Communications Late Mail Requests for Copies: Lea Dilena, ldilena@townoftiburon.org Director $808, Planning Commision $1004, Admin $708 From:Chuck Hornbrook To:Jack Ryan; Holli Thier; Noah Griffin; Alice Fredericks; Jon Welner Cc:Lea Dilena; Greg Chanis Subject:Fees for Solar and Appeals Date:Tuesday, January 17, 2023 7:30:46 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. thank you for your consideration: In the December meeting I raised two topics for future Town Council agendas. One is part ofthe 1/18 agenda, thank you. The other has not and could be part of a "municipal fee housekeeping" that maybe should be done from time to time by the town manager. In the tables below are the fees that I could find for solar facilities and for town residentsto appeal decisions. I was surprised how HIGH the town of Tiburon's solar fee is and how LOW our appeals fees are compared to neighboring municipalities. For solar, my assumptionis the fee would be on a cost basis. If that is the case why do ours cost so much? For the appeals, to reiterate my point from December, the financial threshold is fairly low to appeal a decision. Also I am not sure why there are different fees for the applicant vs the nonapplicant. Again the applicant already has a lot invested in permits, fees, architects. A non- applicant to spend $300 to grind an issue with a neighbor that has already been decided by theDesign or Planning commission neither represents the cost to the town OR acts as any barrier to capricious or baseless appeals. My opinion is that appealing a decision should be increasedto $750 or $1000 and make it equal between applicant and non applicant. SOLAR Residential Commercial Tiburon $500 $1,000 Belvedere $85 $170 MV $296 NA Larkspur Formula Corte Madera $180 Appeals Applicant Not Applicant Other Tiburon $500 $300 Belvedere $1,000 $750 MV Larkspur $1,000 $750 Corte Madera $300 $300 Thank you for your consideration. Looking forward to seeing this on an agenda in the future. Also for the record our family has nothing coming in front of the Planning or DesignCommissions. Chuck Hornbrook Tiburon Page 1 of 2 Town of Tiburon Commission, Board, Committee Application Submit to: Town Clerk Lea Stefani 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org (415)435-7377 TOWN COUNCIL DIVERSITY INCLUSION TASK FORCE APPLICATION On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be made up of 10 individuals – five Town Councilmembers and five residents appointed by the Council. To apply for a seat on the Task Force, please submit this completed form to the Town Clerk with a resume. Thank you for your willingness to serve the Tiburon community. Diversity Inclusion Task Force Qualifications -Possess the experience, qualifications, and knowledge either in your professional career, volunteer work, or personal capacities to engage, organize, and provide recommendations to achieve diversity and inclusion goals and policies -Possess awareness about how the role of systemic racism produces inequities the task force will attempt to address -Have the time and schedule flexibility to attend monthly meetings -Have interest in working on policies regarding diversity and inclusion -Be a full-time resident of Tiburon or Belvedere (proof of residency required) Applicant Name Full Name: Date: Applicant Information Address: Street Apartment/Unit City State Zip Phone: Email: Page 2 of 2 By submittal of this application, I certify that the home address I have listed above is my primary full-time residence. Signature: Why would you like to serve on the task force? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Applicant name: Nooshin Navidi Latour (she/her) 1) Why would you like to serve on the task force? As a Californian born, half Korean and half Iranian growing up in Redondo Beach, I have always felt that culture, race and ethnicity have deeply shaped my life experience. The mixed state of my childhood home fueled my quest to understand my immediate diasporic environment, and later through academic and ‘real world’ pursuits to grasp and relate to cultures worldwide. We don’t have any relatives in the U.S., so my parents created a makeshift extended family comprised of close friends flowing in and out of the house. Since Los Angeles is a fishnet of myriad cultures and ethnic groups, I grew up around native beach locals as well as immigrants from Iran, Korea and other countries, many of whom became a part of our colorful family circle. As a full-time homeowner/resident of Tiburon since 2013, I was temporarily overseas for part of COVID, but closely followed the aftermath of the Yema shop incident during that period. I later heard about the Diversity Inclusion Task Force and felt that in some way I wanted to be involved with this group’s initiatives. I have been inspired by how the DI TF and Town Council quickly got into action mode – with DI being incorporated into the general plan, bringing cultural events, awareness and landmark dates such as Juneteenth right into the center of our town. I hope that both my personal and professional experiences around culture, race and ethnicity could provide an added lens and perspective to the DI TF as it continues to move forward tackling these pressing and evolving DEI related issues that affect our community. As a proud Reed elementary school mother of two girls (both native to Tiburon, born at Marin General), I hope that my active involvement in the DI TF will have a lasting, positive impact on Tiburon’s next generation. My daughters were delighted and jumped in the dancing at the vibrant Diwali celebration in October – I am also excited to help put on similar events such as my proposed Persian Nowruz festival this Spring 2023. 2) What are your applicable qualifications and experience? I head communications for two prominent entities at UCSF, which happen to also lead the way in unchartered areas in Diversity, Equity, Inclusion (DEI) in data science, research and health. I develop the communications strategy for the Vice Chancellor Office for Science Policy and Strategy (SPS) / UCSF Precision Medicine as well at the UCSF Bakar Computational Health Sciences Institute (BCHSI). The VC Office of Science Policy and Strategy / UCSF Precision Medicine, BCHSI as well as the Office of Research will be putting on the first-ever symposium this spring on **‘Algorithmic Justice.’ The symposium aims to feature guest speaker Alondra Nelson (Deputy Director, White House Office of Science and Technology Policy), one of the country's foremost thinkers in the fields of science, technology, social inequality, and race; the Chancellor of UCSF; academic/medical/research stakeholders; and of course, the community. The experience I glean from leading communications in such a crucial effort directly applies to this DI TF as it plans out other areas to investigate and shed light on in public forum/discussion around anti-racism, unconscious bias and inclusion (as well as continuing the conversation and education on these topics with the local Applicant name: Nooshin Navidi Latour (she/her) community). At the Bakar Institute, a slice of my role is to work with the Director of DEI to uplift messages and themes on diversity and inclusion (examples include the diversity themes each month such as Juneteenth, Native American Heritage Month / Transgender Day of Remembrance – both occurring in November) as well as marketing pertinent DEI initiatives that can support diverse researchers and equitable research – NIH Diversity Supplements, seminars for researchers on inclusive participant study recruitment, and DEI training on campus for faculty and staff. I am currently undergoing DEI training through the School of Medicine and once complete get a “DEI Champion Training” certification. I know that I will be a life learner on these matters, but would be honored to collaborate with such a dynamic Town Council and DI TF to further uplift our town’s progress in this area. _______________________________________________________________ **Public health and social science research have shown that certain data collection methods and analyses, constructed datasets, and analytical algorithms carry biases that perpetuate or exacerbate structuralized racism, gender inequities, inaccessibility, and other harms. Therefore, altering current practices and advancing toward precision medicine will require acknowledging and addressing these harms. Page 1 of 2 Town of Tiburon Commission, Board, Committee Application Submit to: Town Clerk Lea Stefani 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org (415)435-7377 TOWN COUNCIL DIVERSITY INCLUSION TASK FORCE APPLICATION On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be made up of 10 individuals – five Town Councilmembers and five residents appointed by the Council. To apply for a seat on the Task Force, please submit this completed form to the Town Clerk with a resume. Thank you for your willingness to serve the Tiburon community. Diversity Inclusion Task Force Qualifications -Possess the experience, qualifications, and knowledge either in your professional career, volunteer work, or personal capacities to engage, organize, and provide recommendations to achieve diversity and inclusion goals and policies -Possess awareness about how the role of systemic racism produces inequities the task force will attempt to address -Have the time and schedule flexibility to attend monthly meetings -Have interest in working on policies regarding diversity and inclusion -Be a full-time resident of Tiburon or Belvedere (proof of residency required) Applicant Name Full Name: Date: Applicant Information Address: Street Apartment/Unit City State Zip Phone: Email: Page 2 of 2 By submittal of this application, I certify that the home address I have listed above is my primary full-time residence. Signature: Why would you like to serve on the task force? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. CHRISTINE PATEL 31 Apollo Road, Tiburon California 94920 415-710-4417 ▪ christine.lin@stanfordalumni.org Experience Latitude Food Allergy, Business Advisor Redwood City,CA (2019-present) ●Built marketing capabilities and annual budget with focus on consumer and physician acquisition. ●Created a competitive landscape in food allergies nationwide and recommendations on expansion. ●Doubled site traffic within a year post redesign. Oversaw marketing launch of 3 new retail locations. Independent Consultant Tiburon, CA (2017-2019) ●Conducted product and competitive analysis for Chief Product Officer of Included Health (Grand Rounds). ●Acquired patients for a private practice in allergy, which resulted in full capacity of a new location in 6 months. Clif Bar, Manager,New Products Commercialization Emeryville, CA (2011-2013) ●Led new product teams from concept development and R&D through commercialization. ●Spearheaded new product forecasting improvements across all new products. Navigenics (acquired by Life Technologies), Product Manager Foster City, CA (2007-2009) ●First product manager, launched beta product and prioritized product roadmap. ●Launched marketing deliverables for employer, physician and consumer channels for user acquisition. ●Led market research in physician segmentation and launched social media channels. Mohr Davidow Ventures, Summer Associate Menlo Park,CA (Summer 2007) ●Identified opportunities in online health, interviewed over 40 thought leaders, presented findings to partnership. Genentech (acquired by Roche), Manager, Commercial Strategy South San Francisco, CA (2005-2007) ●Identified best practices across product launches and learnings with Avantis, Lucentis and Xolair brand teams. ●Received Genentech Recognition Award for leading 60 person team building workshop and offsite. Chiron (acquired by Novartis), Manager, Portfolio Management & Strategy Emeryville, CA (2004-2005) ●Prepared strategic presentations and long range planning of product portfolio for Chiron biopharma executive team. ●Assisted in valuation of biopharmaceuticals business for Novartis acquisition of Chiron. ePocrates (IPO, acquired by AthenaHealth), Manager, Strategic Alliances San Carlos, CA (2001-2002) ●Managed programs to create custom mobile marketing and physician education tools. ●Partnered with physicians and pharmaceutical clients on mobile app tools and clinical use. Education STANFORD GRADUATE SCHOOL OF BUSINESS,Stanford, CA (2002-2004) ●M.B.A., Public Management Program with focus on healthcare ●Healthcare Club Co-President; Chair, Healthcare Conference; Lead, Outdoor Adventure ●Created and launched inaugural healthcare innovation course (GSBGEN 551) BROWN UNIVERSITY,Providence, RI (1995-1999) ●B.A., Economics, B.A., International Relations Other ●2005 Recipient of Women in Healthcare Executives Northern California Scholarship. ●Founding team member of nonprofit clinic, Pacific Free Clinic, now part of Stanford Medical School curriculum. ●Probono consultant, UCSF Catalyst, incubator for life sciences & digital health, presented to UCSF Vice Chancellor. ●Contributing writer for Stanford Medical School‘s Allergy department. Interviewed top allergists on latest therapies. ●Board Member, 2019-2020; PTA Head 2018-2020, Live Oak School. ●DEI Committee (present), Strategic Planning committee (2021-2022), Reed Union School District Curriculum Vitae Stephen M. Golden, MD, MBA, FAAP, CPE December, 2020 Home Address: 35 Corinthian Ct., #22 Tiburon, CA 94920 Cell phone: (941) 350-4288 E-mail: smgolden3671@verizon.net Present Employment 2020: Chairman, Medical Advisory Board, Golden Health Initiative Tempe, AZ EDUCATION: Undergraduate: Degree: BA Boston University, Cum Laude, Boston, MA Medical School: Degree: MD New York University School of Medicine New York, NY Internship: Children's Hospital Denver, Denver, CO Residency: Children's Hospital Medical Center, Denver, CO Chief Resident: University of Arizona Medical Center, Tucson, AZ Fellowship: Fitzsimons Army Medical Center, Denver CO Neonatal-Perinatal Medicine Graduate School: Degree: MBA Rutgers University Graduate School of Management, Newark, NJ Air University: United States Air Force Air War College ACADEMIC APPOINTMENTS: 2017-date New York University School of Medicine: Alumni Board of Governors 2004-2006 Associate Professor of Pediatrics, School of Medicine, University of California, Davis 1995-2008 Associate Clinical Professor of Pediatrics Uniformed Services University of the Health Sciences (USUHS) Bethesda, MD 1991-1992 Associate Clinical Professor of Pediatrics University of Medicine & Dentistry of New Jersey Newark, NJ 1985-1992 Associate Clinical Professor of Pediatrics, College of Physicians & Surgeons of Columbia University, New York, NY 1984-1994 Associate Professor, Department of Pediatrics, USUHS 1977-1984 Assistant Professor, Department of Pediatrics, USUHS CERTIFICATIONS: 2006-2009 Neonatal Regional Program Instructor American Academy of Pediatrics/Am. Heart Association #129-0529 2004-2006 Certification, Institutional Review Board (IRB) Professional; Council for Certification of IRB Professionals of the Applied Research Ethics National Association 1997 Diplomate, American Board of Medical Management 1997 Certified Physician Executive; The Certifying Commission in Medical Management, American College of Physician Executives 1978 Diplomate, Sub-Board of Neonatal-Perinatal Medicine of the American Board of Pediatrics #422 1976 Diplomate, American Board of Pediatrics #18997 1971 Diplomate, National Board of Medical Examiner 2003 US Coast Guard 50 Ton Master License with sailing endorsement PROFESSIONAL MEMBERSHIPS: Fellow, American Academy of Pediatrics Member, Uniformed Services Section, American Academy of Pediatrics (AAP) Member, Perinatal Pediatrics Section, AAP Member, National Perinatal Association PROFESSIONAL Licenses: State of Florida #ME94860 State of California #G080922 State of Georgia #024678 (inactive) State of New Jersey, #43678 (inactive) State of Maryland, #D21277 (inactive) State of New York, #160757 (inactive) Washington, D.C., #11284 (inactive) Arizona #6890 (expired) Colorado #17213 (expired) Guam #408 (expired) CIVILIAN AND ACADEMIC AWARDS AND HONORS: 2016 Honorable Mention, Institute for Medicaid Innovation, Children’s Health section: “Post-Traumatic Stress and Parents of NICU Babies” with Indiana Amerigroup Health Plan 2004 “Best Dept. of Defense Clinical Research Poster Award” Society for Armed Forces Medical Laboratory Scientists (SAFMLS), Boston, MA 2004 “Outstanding Clinical Research Scientist,” SAFMLS, Boston, MA 2004 Chairman’s Leadership Award, Greater San Francisco Bay Area Combined Federal Campaign (CFC) 2003 Inductee, Norwalk High School (NHS) Wall of Honor, NHS Alumni Association, Norwalk, CT 2003 Research Excellence Award, Top Scientific Poster Category, DGMC 2003 Loaned Executive Award, Greater San Francisco Bay Area CFC 2002 Alumni Leadership Award, New York University School of Medicine 2002 Loaned Executive Award and Community Star Award for 2001 Greater San Francisco Bay Area CFC 2002 2002 CFC Heroes Award; national award from U.S. Office of Personnel Management, Washington, D.C. 2002 Finalist, Donahue Research Awards, Top Scientific Poster Category, David Grant USAF Medical Center 2002 Co-recipient, 2nd place, Howard Johnson Award, Uniformed Services Pediatric Seminar, San Diego, CA (co-author of paper) 1991 Co-recipient, Chairman's Award for Clinical Research, Armed Forces District, American College of Obstetrics and Gynecology, Phoenix, AZ (co-author of paper) 1984 Ogden Bruton Award for Basic Science Research in Pediatrics, Uniformed Services Pediatric Seminar, Reno, NV Past Professional Positions 2008-2020 Corporate Medical Director for Neonatal Utilization Management Anthem Corp., Indianapolis, IN 2006-2008 Regional Medical Director, ParadigmHealth, Upper Saddle River, NJ 1994-2008 United States Air Force –David Grant USAF Medical Center 1992-94 Chairman, Department of Pediatrics, Buffalo General Hospital, Buffalo, NY 1990-92 Director, Neonatology & Perinatal Development Assistant Chairman, Department of Pediatrics St Barnabas Medical Center, Livingston, NJ 1984-90 Director, Department of Neonatology, Overlook Hospital, Summit, NJ 1973-84 United States Navy 1980-84 Director, Perinatal Research, Uniformed Services University of the Health Sciences, Bethesda, MD 1891-84 Assistant Commandant of Students (Basic Science years) 1978-84 Co-founder & Associate-Director, Neonatal- Perinatal Medicine Fellowship Program, USUHS 1977-80 Head, Newborn Branch, National Naval Medical Center, Bethesda, MD 1973-75 Assistant Chief, Department of Pediatrics, Naval Regional Medical Center, Guam 1973-74 Attending Pediatrician, Naval Hospital, Guam PROFESSIONAL AND CIVIC ACTIVITIES: 2016-date Trustee, Educational Trust Fund, Sarasota Power and Sail Squadron 2013-date Member, The Royal Canadian Legion 2005-2006 Member, Executive Committee, Section on Uniformed Services, American Academy of Pediatrics 2003-04 Representative for Military Sector, Greater San Francisco Bay Area Combined Federal Campaign (CFC)Cabinet 2001-03 Loaned Executive, Military Sector Chair,CFC Cabinet member, Greater San Francisco Bay Area CFC 2000 Facilitator, CyberForum: Health Insurance Portability and Accountability Act 0f 1996 (HIPAA); American College of Physician Executives, February, 2000 1998 Program Coordinator, 32 nd Annual Uniformed Services Pediatric Seminar, March, ’98, San Francisco, CA 1990-1992 Co-founder/1st Vice President NJ Maternal & Child Health Advocacy Coalition 1990-1992 Vice-President, NJ Chapter, AAP 1989-1992 Co-Chairman, Committee on Maternal and Child Care, Medical Society of NJ 1989-1992 Member, Board of Trustees, Perinatal Assoc. of New Jersey 1988-1992 National Faculty for Pediatric Advanced Life Support; New Jersey Affiliate, American Heart Association & AAP 1988-1990 President, Perinatal Association of New Jersey 1988-1992 Member, Catastrophic Illness in Children Relief Fund Commission Appointed by New Jersey Governor T. Kane & Senate of NJ 1986-1990 Member, Public Affairs Task Force New Jersey March of Dimes 1986 Member, Task Force on Nursery Physical Plant Standards, NJ Department of Health 1985-1992 Affiliate Faculty for Advanced Life Support American Heart Association 1985-1988 Member, Board of Directors Perinatal Assoc. of New Jersey 1985-1987 Chairman, Legislative Committee, AAP, NJ Chapter 1984-1992 Member, Board of Directors, YMCA, Summit, NJ 1983-1984 Chairman, Research Committee, Uniformed Services Chapter East American Academy of Pediatrics 1982-1983 Vice President, Faculty Senate, USUHS 1982-1984 Member, Joint Perinatal Task Force, Washington, DC 1982-1986 Chairman, Perinatal Technical Advisory Panel; Metropolitan Washington Area Council of Health Planning Agencies 1980-1984 Montgomery County Representative Perinatal Technical Advisory Panel; Metropolitan Washington Area Council of Health Planning Agencies Maryland, Virginia & District of Columbia, Washington, DC 1980-1984 Member, Fetus and Newborn Committee Maryland Chapter, American Academy of Pediatrics 1980-1984 Coordinator, Neonatal Module for Junior Students, USUHS 1980-1984 Member, Faculty Senate, USUHS 1980 Member, Advisory Council, Neonatal Program for Registered Nurses, Georgetown University 1978-1984 Clinical Care Consultant; Clinical Center, National Institutes of Health, Bethesda, MD GRANT SUPPORT: 1. National Science Foundation Undergraduate Research Grant; Biological Research: Avian Parasitic Disease, July-August 1964, Boston University 2. Co-recipient, Robert Wood Johnson Grant: Program to Improve Infant Care in NJ. 3. March of Dimes Grant #CPE114, $20,000, 1987 for the establishment of state-wide perinatal educational program. 4. Renewal, March of Dimes grant #CPE-114, $20,000, 1988. 5. Surgeon General, US Air Force: Protocol #FDG20000050E, “Efficacy of Polymerase Chain Reaction (PCR) in Detecting Neonatal Bacteremia” $7322. Jan, 2001 6. Surgeon General, US Air Force: Protocol #FDG20000051E, “Efficacy of Polymerase Chain Reaction in Detecting Chorioamnionitis”, $7322, Jan. 2001; co-recipient; Maj David Stamilio, Principal Investigator 7. Surgeon General, US Air Force: Protocol #FDG200413, “Direct Detection of Bacterial DNA by Automated Nucleic Acid Isolation and Real-time Polymerase Chain Reaction”, $52,600. 8. Surgeon General, US Air Force: Protocol #FDG20010037E, “Serum Amyloid A Concentrations in Neonatal Infection”, $33,688. PUBLICATIONS: 1. Golden, S.M., Merenstein, G.B., Todd, W.A., Hill, J.M.: Disseminated herpes simplex neonatorum: A complication of fetal monitoring. Am. J. Obstet. Gynecol. 129, 917-918 (1977) 2. Golden, S.M., Duster, M.C.: Hazards of misdiagnosis due to Vietnamese folk medicine. Clin Pediatr (Phila) 16,949-950 (1977) 3. Heroman, W., Golden, S.M., Yudt, W.: Nasopharyngeal teratoma in the newborn, Ear Nose Throat J. 59, 203-207 (1980) 4. Golden, S.M., Perman, K.: Bilateral clinical anophthalmia: Report of a case and review of drugs as potential factors. South. Med. J. 73, 1404-1407(1980) 5. Golden, S.M., O'Brien, W.F., Lissner, C., Cefalo, R.C., Monaghan, W.P., Schumacher, H., Stass, S.: Hematologic and bacteriologic assessment of autologous cord blood for neonatal transfusions. J. Pediatr. 97,810-812 (1980) 6. Golden, S.M.: Skin Craters - A complication of transcutaneous oxygen monitoring. Pediatrics, 67,514-516 (1981) 7. Otero, L. Conlon, C., Reynolds, P., Duval-Arnould, B., Golden, S.M.: Neonatal leukocytosis associated with prenatal administration of dexamethasone. Pediatrics, 68:778, 1981 8. Cassorla, F.G., Golden, S.M., Johnsonbaugh, R.E., Heroman, W.M., Loriaux, D.L., and Sherins, R.J.: Testicular volume in early infancy. J. Pediatr. 99:742-743(1981) 9. O'Brian, W.F., Cefalo, R.C., Gressom, M.P., Vierras, F., Golden, S.M., Uddin, D.M., and Davis, S.E.: The influence of asphyxia on fetal lidocaine toxicity. Am. J. Obstet. Gynecol. 142, 205-208 (1982) 10. Golden, S.M., Metz, S.A., and O'Brien, W.F.: Anti-coagulation of Autologous Cord Blood for Neonatal Resuscitation. Am. J. Obstet. Gynecol. 144:103-104 (1982) 11. Golden, S.M., Monaghan, W.P., and Steenbarger, J.: Osmolality and Oncotic Pressure of Volume Expanding Fluids for Neonatal Administration. Crit. Care Med. 12,863-864(1982) 12. Golden, S.M.: Neonatal Exchange Transfusion: Indications and Complications. Proceedings: Society of Armed Forces Medical Laboratory Scientists 12:4,1983. 13. Golden, S.M., Nalle, L., Heroman, W.M., and Alden, E.R. Effect of Resuscitative Fluids Upon Physical Properties of Blood Perfusing the Brain. Am. J. Perinatol. 1, 70-75 (1983) 14. Hemming, V.G., O'Brien, W.F., Fischer, G.W., Golden, S.M., and Noble, S.F.: Studies of Short-term Pulmonary and Peripheral Vascular Responses Induced in Oophorectomized Sheep by the Infusion of a Group B Streptococcal Extract. Pediatr. Res, 18, 266-269 (1984) 16. Andrich, M.P., and Golden, S.M.: Umbilical Cord Care: A Study of Bacitracin Ointment vs Triple Dye. Clin Pediatr Phil) 23: 342-344 1984 16. O'Brien, W.F., Davis, S.E., Grissom, M.P., Eng, R.R., Golden, S.M.: Effect of Cephalic Pressure on Fetal Cerebral Blood Flow. Am.J.Perinatol 1, 223-226 (1984) 17. Golden, S.M., Petit, N., Mapes, T., Davis, S.E., Monaghan, W.P.: Bacteriologic Assessment of Autologous Cord Blood for Neonatal Transfusion. Am. J. Obstet. Gynecol. 149,907-908 (1984) 18. Longfield, J.N., Margileth, Andrew, Golden, S.M., Lazoritz, S., Bohan, J.S., Cruess, D.: Interobserver and Method Variability in Tuberculin Skin Testing. Pediatric Infectious Diseases 3, 323-326 (1984) 19. Golden, S.M., O'Brien, W.F., Heroman, W.M., Nalle, D. and Cefalo, R.: Effect of Maternal Intravenous Infusions Upon Fetal Extracellular Fluid Composition in Pregnant Ewes. Am J of Perinatology, 2, 189-193 (1985) 20. O'Brien, W.F., Golden, S.M., Davis, S.E., and Bibro, M.C.: Endotoxemia in the Neonatal Lamb. Am J Obstet. Gynecol 151, 671-674 (1985) 21. O'Brien, W.F., Golden, S.M., Bibro, M.C., Charkobardi, P.K., Davis, S.E., Hemming, V.G.: Short-term responses in neonatal lambs after infusion of group B streptococcal extract. Obstet Gynecol 65, 802-806 (1985) 22. Golden, S.M.: Letter on Listeria Monocytogenes. International Correspondence Society of Obstetricians/Gynecologists. 25:13, p. 102, 1984. 23. Weisman, L.E., Golden, S.M., and Omert, L: A new Disposable Neonatal Breathing Circuit System with Manometer. Contemporary Pediatrics, pp 85-88, 1985 24. Margileth, A., Longfield, J., Golden, S.M., et al: Tuberculin Skin Tests: Atypical Mycobacterial PPD-Battey Skin Test Conversion Following Airborne Training. Military Medicine, 151, 636-638 (1986) 25. Golden, S.M.: Neonatal Resuscitation, in Perinatal Emergencies Program, Southern New Jersey Perinatal Cooperative, 1986 26. Pettett, G., Alden, E., Golden, S.M., Tuggle, J., and O'Neill, T.: Regional Myocardial Blood Flow During Hemorrhagic Hypotension on the Newborn Lamb. Physiologist: 29(4), 147, 1986 27. Olson T.A., Fischer G.W., Hemming V.G., O’Brien W.F., Golden SM, and Maybee D.A.: A Group B Streptococcal Extract Reduces Neutrophil Counts and Induces Neutrophil Aggregation. Pediatr. Res 21:326-330 (1987) 28. Weisman, L.E., Fischer, G.W., Pierce, J.R., Hemming, V.G., Marinelli, P., Hunter, K.W., and Golden, S.M.: Intravenous Immunoglobulin Therapy in the Neonate: A Study of Pharmokinetics and Safety. Vox Sanquinis, 57,243-248(1989) 29. Golden, S.M.: Vitamins to Prevent Neural-Tube Defects N. Engl. J. Med. 328, 1642 (1993) 30. O'Neill, J.T., Golden, S.M., Franklin, G.A., Alden, E.A.: Cerebrovascular Response to Hemorrhagic Hypotension in Newborn Lambs: The Influence of Developing Anemia. Proceedings of Society for Experimental Biology and Medicine, 205(2), 132-139 (1994) 31. Golden, S.M., Stamilio, D.M., Faux, B.M., dela Cruz, W.P., Shoemaker, C.T., Blackmon, C.L., Stassen, S.D., Clark, V.M., Smith, J.W. and Johnson, O.L.: Evaluation of a real-time fluorescent assay for rapid detection of Group B streptococci in neonatal blood. Diagnostic Microbiology and Infectious Disease. Diagnostic Microbiology and Infectious Disease 50:7-13, 2004 32. Straka, M., dela Cruz, W., Blackmon, C., Johnson, O., Stassen, S., Streitman, D., Golden, S., and Stamilio, D.: Rapid Detection of Group B Streptococcus and Escherichia coli in Amniotic Fluid Using Real- time Fluorescent PCR. J. Infectious Diseases in Obstetrics and Gynecology, 2004;12:109-113 33. Golden, S.M., Hauge, I., Elwood, R., Young, S., and Thornton, J: Serum Amyloid A (SAA) Values in Full-Term Infant Umbilical Cord Serum Using a Solid Phase Indirect Elisa. LABmedicine, 36:357-360, 2005. Published Books, Chapters or Articles 1. Golden, S.M.: The newborn baby: The first two weeks, Wifeline (Navy Internal Relations Activity) pp. 10-22, 1982 2. Golden, S.M., and Peters, D.: Delivery Room Care in Handbook of Neonatal Intensive Care. Merenstein, G.B., Gardner, S. (Eds), CV Mosby Co., 1985 3. Golden, S.M., and Peters, D.: Delivery Room Care in Handbook of Neonatal Intensive Care. Merenstein, G.B., Gardner, S., (Eds), 2nd Edition, CV Mosby Co., 1989 4. Golden, S.M., and Peters, D.: Delivery Room Care in Handbook of Neonatal Intensive Care. Merenstein, G.B., Gardner, S., (Eds), 3rd Edition, CV Mosby Co. 1993 5. Golden, S.M.: Resuscitation of the Neonate in Conn’s Current Therapy. Rakel, R.E., and Bope, E.T. (Eds), 56th Ed, W.B. Saunders Co 2004 Published Abstracts: 1. Golden, S., Todd, W., and Merenstein, G.: Control of a kanamycin resistant K pneumonia outbreak in an intensive care nursery (Abst), Clin Res 25 (2):183A, 1977 2. Weisman, L., Golden, S., and Merenstein, G.: Incidence of necrotizing enterocolitis and patent ductus arteriosus in neonates (Abst), Clin Res (25):192A, 1977 3. Golden, S.M., Lissner, C.R., O'Brien, W.F., Monaghan, W. P., Schumacher, H.R., Stass, S.A., Cefalo, R.C.: Evaluation of autologous cord blood for transfusion (Abst) Pediatr Res 14 (2) 1037, 1980 4. Cassoria, F.G., Golden, S.M., Heroman, W.M., Johnsonaugh, R.E., Loriaux, D.L., Sherins, R.J., Longitudinal Study of testicular volume during early infancy (Abst), Pediatr Res 15 (4): 504, 1981 5. Golden, S.M., O'Brien, W. F., Heroman, W.M., Maternal and fetal osmotic and oncotic pressures following maternal intravenous infusion (Abst), Pediatr Res 15(4):661,1981 6. Golden, S.M., Steenbarger, J., Monaghan, W.P.: Osmolality, oncotic pressure and fluid administration in the newborn (Abst) Pediatr Res 15 (4): 661, 1981 7. Golden, S.M., Wilson, S.R., Hunter, K.W., Fischer, G.W.: Kinetic and metabolic studies of an intravenously administered immunoglobulin in a neonatal lamb model (Abst), Pediatr Res 15 (4): 661, 1981 8. Metz, S.A., Golden, S.M., O'Brien, W.F.: Anti-coagulation of autologous cord blood for neonatal resuscitation (Abst) Bulletin of Armed Forces District, Am. College of Ob and Gyn, 1981 9. Nalle, L.D., Golden, S.M., Heroman, W.M. and Alden, E.R.: Effect of various resuscitative fluids on blood perfusing the brain (Abst), Pediatr Res 16(4):301A, 1982 10. Hemming, V.G., O'Brien, W.F., Fischer, G.W., Golden, S.M., and Novle, S.M.: Vascular Responses of Adult Sheep to Extracts of Group B Streptococci 22nd ICAAC, page 111 (Abst) #2259, 1992 11. Weisman, L.E., Fischer, G.W., Pierce, J.R., Hemming, V.G., Marinelli.: A Study of Pharmacokinetics and Safety. (Abst) Pediatr Res 7:341A, 1983 12. Margileth, A.M., Lazoritz, S., Golden, S.M., Bohan, J.S., Longfield, J. and Cruess, D.: Interobserver and Method Variability in Tuberculin Skin Testing. (Abst), Pediatr Res 19:179A, 1983 13. O'Brien, W.F., Golden, S.M., Hemming, V.G., and Davis, S.E.: Experimental Endotoxemia in the Neonatal Lamb. 23rd ICAAC, P. 191 (Abst) #591, 1983 14. O'Brien, W.F., Golden, S.M., Hemming, V.G., and Davis, S.E.: Cell-Free Group B Streptococcal Extracts Cause on Endotoxin-Like Reaction in Neonatal Lambs. 23rd ICAAC, (Abst) p. 191 15. Hess, L.W., Holmberg, J.R., Monaghan, W.P., Haddock, J., O'Brien, W.F., Hemming, V.G., Golden, S.M.: Plasma Fibronectin Levels in Normal Pregnancy; (Abst), Pediatr Res 18 (4): 966, 1984 16. O'Neill, J.T., Golden, S.M., Alden, E.R.: Regional Distribution of Blood Flow with Hypovolemic Hypotension in the Neonatal Lamb, (Abst), Pediatr Res 18(4):1360,1984 17. O'Neill, T., Golden, S.M., Alden, E.: Blood Flow to the Hypothalamus in Response to Hypovolemic Hypotension in the Newborn Lamb. Society for Neuroscience,(Abst.) 10:167, 1984 18. McElveen, C., James, Lucia, Thornton, J.A., Pelszynski, M., Golden, S.: Comparison of Automated vs Manual White Blood Cell Differential Counts in Newborns. Uniformed Services Pediatric Seminar (Abst.), San Diego, Ca. 2002 19. Faux, B., Golden, S., Smith J., Johnson, O., Stamillio, D., McGill R.: Rapid Detection of Streptococcus agalactiae by Thermocycler Polymerase Chain Reaction. Uniformed Services Pediatric Seminar (Abst.), San Diego, CA 2002 20. Golden, S., Hauge, I., Richardson, J., Stassen, S., Gildengorin, G., Niemotka, M., and Pabros, R.: Diagnostic Ranges for Serum Amyloid A in a Pediatric Clinic Population. 2006 Pediatric Academic Societies’ Meeting, San Francisco, in press PRESENTATIONS: 1. "L-Carnitine Treatment of Lipid Afuelia Myopathies", Engel, W.K., Askanes, L.D., Prokop, L.A., Golden, S.M., Sunder, T., and Shug, A., VII International Symposium on drugs affecting lipid metabolism, Milan, Italy, 1980 2. "Osmolality, Oncotic Pressure and Volume Expansion in the Newborn". Annual Meeting, American Academy of Pediatrics, New Orleans, LA, 1981 3. "The Fetal Circulatory Response to Intravenous Maternal Infusions in Pregnant Ewes", Uniformed Services Pediatric Seminar, Bethesda, MD, 1982. 4. "Effect of Resuscitative Fluids Upon Blood Perfusing the Brain", Nalle, L., Golden, S.M., Heroman, W.M., Forsh, S.M., Fischer, G.W., Uniformed Services Pediatric Seminar, Bethesda, MD, 1982 5. "Studies of Group B Streptococcal Extracts in Oophorectomized Sheep", Hemming, V.G., Golden, S.M., O'Brien, W.F., Forsh, S.M., Fischer, G.W., Uniformed Services Pediatric Seminar, Bethesda, MD, 1982 6. "Bacitracin Ointment vs. Triple Dye Umbilical Cord Care: A Four Year Review", Andrich, M.P., and Golden, S.M., Uniformed Services Pediatric Seminar, San Francisco, CA, 1983 7. "Experimental Endotoxemia in the Neonatal Lamb", O'Brien, W.F., Golden, S.M., Hemming, V.G., and Davis, S.E., 23rd Interscience Conference on Antimicrobial Agents and Chemotherapy (ICAAC), Las Vegas, NV, 1983 8. "Cell-Free Group B Streptococcal Extract Cause on Endotoxin-like Reaction in Neonatal Lambs. Twenty-third ICCAC, Las Vegas, NV, 1983 9. "The Effect of Hypovolemic Hypotension on Cerebral blood Flow in the Newly Born Lamb". Alden, E.R., Golden, S.M., Franklin, G., O'Neill, T. Military Perinatal Research Conference, Aspen, CO., 1984 10. "Neonatal Intraventricular Hemorrhage", National Perinatal Associati9on Annual Meeting, Orlando, FL. 1985 11. "Intraventricular Hemorrhage: An Update. Univ. of South Florida, Tampa General Hospital, Tampa, FL. 1986 12. "Regional Myocardial Blood Flow During Hemorrhagic Hypotension on the Newborn Lamb": Pettett, G., Alden, E., Golden, S.M., et al: 11th Annual Washington, DC, Neonatal Retreat, Irvington, VA, 1986 13. "The New Jersey System of Financing Perinatal Care: The Physicians: Perspective". Perinatal Association of NJ Annual Meeting, Jamesburg, NJ, 1986 14. Medical aspects of Fetal Alcohol Syndrome, Senate Law, Public Safety and Defense Committee, State of New Jersey, 1987. 15. "Regional Myocardial blood flow during Hemorrhagic Hypotension on the Newborn Lamb": Pettett, G., Alden, E., Golden, S.M., et al: Uniformed Services Pediatric Seminar, Orlando, FL., 1987 16. "Meconium Aspiration Syndrome", Bellevue Maternity Hospital, Schenectady, NY, 1988 17. Round Table on Neonatology, Annual Meeting, NJ Chapter, American Academy of Pediatrics, 1988 18. Symposium on Medical Malpractice, Hudson County Perinatal Association, 1991. 19. "The Sick Newborn", D'Youville College, Buffalo, NY, 1993. Physician Assistant Program 20. “Neonatal Perinatal Medicine: Medical-Legal Issues”, Military Law Symposium, Travis AFB, CA 1997 21. “Chief of the Medical Staff”, Military Law Symposium, Travis AFB CA, 1998 21. “Officer Advancement”, Leadership Symposium, Travis AFB, CA, 1999 22. “Rapid Detection of Streptococcus agalactiae by Thermocycler Polymerase Chain Reaction”, Uniformed Services Pediatric Seminar, San Diego, CA March, 2002 Faux, B., Golden, S., Smith J., Johnson, O., Stamillio, D., McGill R. Paper received 2nd place in Howard Johnson Award competition at 2002 Uniformed Services Pediatric Seminar 21. Michele Straka, Oswald Johnson, Wifred dela Cruz, Sarah Stassen, David Streitman, Stephen Golden, David Stamilio. Rapid Detection of Group B Streptococcus and Escherichia Coli In Amniotic Fluid Using Real-Time Fluorescent PCR. Annual scientific meeting and symposium of the Infectious Diseases Society for Obstetrics and Gynecology, Hyannis, MA 2003 POSTER SESSIONS: 1. "Effect of Resuscitative Fluids Upon Blood Perfusing the Brain", Nalle, L., Golden, S.M., Heroman, W.M., and Alden, E.R., Poster Session, Society for Pediatr Res. Washington, D.C., 1982 2. "Neonatal Volume Expansion: Is the Solution the Problem?" Golden, S.M., Nalle, L., Heroman, M., and Alden, E., Annual Meeting, American Academy Pediatrics, New York, NY, 1982 3. "Pulmonary Effects of Group B Streptococcal Extracts in the Ewe", O'Brien, W.F., Hemming, V.G., and Golden, S.M., Society for Gynecologic Investigation, Washington, D.C., 1983 4. "Maternal Fetal Response to Rapid Maternal Intravenous Infusion", O'Brien, W.F., Golden, S.M., and Cefalo, R.C., Society of Gynecologic Investigation, Washington, D.C., 1983 5. "Interobserver and Method Variability in Tuberculin Skin Testing", Margileth, A.M., Lazoritz, S., Golden, S.M., Bohan, J.S., Longfield, J., and Cruess, D. American Pediatric Society, Washington, D.C., 1983 6. "Cell-free Group B Streptococcal (6BS) Extract: Endotoxin-Like Reaction in Neonatal Lambs". O'Brien, W.F., Golden, S.M., Hemming, V.G., and Davis, S.E., AAP Annual Meeting, Chicago, IL, 1984 7. "Regional Redistribution of Visceral blood flow in Hypovolemic Shock in the Newborn Lamb". Golden, S.M., O'Neil, J.T., and Alden, E.R. AAP Annual Meeting, San Antonio, Texas, 1984 8. “Detection of Escherichia coli and Streptococcus agalactiae (Group B Streptococcus) in Neonatal Bacteremia Using Rapid-Fluorescent Identification” , Lane, J.D., Jaffe, R.I., Wiggins, L.B., Blackmon, G.L., Johnson, O.L., Golden, S.M., and Smith, J.W. Society for Armed Forces Medical Laboratory Scientists, Houston, TX 2001 9. “Streptococcus agalactiae: rapid detection from amniotic fluid using fluorescent monitoring PCR.” Oswald L. Johnson, David Stamillio, Michelle Straka, velvet M. Clark, Camille L. Blackmon, Stephen M. Golden, and James W. Smith. Society for Armed Forces Medical Laboratory Scientists Symposium, Spokane, WA, 2002 10. “Rapid Detection of Streptococcus agalactiae in neonatal sepsis by real- time fluorescent polymerase chain reaction.” Oswald L. Johnson, Robert McGill, Velvet D. Clark, Camille L. Blackmon, Stephen M. Golden, Brian Faux, David Stamillio and James W. Smith. Society for Armed Forces Medical Laboratory Scientists Symposium, Spokane, WA, 2002 11. “Streptococcus agalactiae Neonatal Sepsis: Comparison of Two Real-Time Fluorescent PCR Assays for Rapid Detection of GBS from Neonatal Cord Blood Samples.” Oswald L. Johnson, Camille L. Blackmon, Sara D. Stassen, Velvet M. Clark, Wilfred P. Dela Cruz, James W. Smith, Stephen M. Golden, Brian Faux, and David Stamilio. Association for the Advancement of Science, 84th Annual Meeting of the Pacific Division, AAAS; San Francisco, CA, 2003 12. “Validation of a Taqman primer-probe set for rapid real-time PCR detection of Pseudomonas aeruginosa from blood culture.” Oswald L. Johnson, Wilfred P. Dela Cruz, Camille L. Blackmon, Sarah D. Stassen, Velvet M. Clark, Richard Jaffe and Stephen M. Golden. Society for Armed Forces Medical Laboratory Scientists, Reno, NV, 2003 13. “Serum Amyloid A (SAA) Concentration in Pregnant Women.” Stephen M. Golden, Michele Straka, Ileana Hauge, and Steve Young. Society for Armed Forces Medical Laboratory Scientists, Boston, MA 2004 14. “Serum Amyloid A (SAA) Normative Values in Umbilical Cord Blood.” Stephen M. Golden, Ileana Hauge, Robert Elwood, Steve Young. Society for Armed Forces Medical Laboratory Scientists, Boston, MA 2004 15. “Evaluation of Real-time Fluorescent PCR Assay for Rapid Detection of Group B Streptococci.” Golden, S.M., Faux, B.M., Smith, J.W., Johnson, O.L., dela Cruz, W.P., Shoemaker, C., Stamilio, D.M., Clark, V.M., and Blackmon, C.L. Pediatric Academic Societies, San Francisco, CA 2004 16. “Serum Amyloid A (SAA) in Term Umbilical Cord Serum Using Two Layer Monoclonal Antibody ELISA Immunoassay.” Stephen M. Golden, Robert L. Elwood, Jennifer Thornton, Steve K. Young, and Ileana Hauge. National Perinatal Association Annual Conference, La Jolla, CA 2004 17. “Automation of Serum Amyloid Analysis with Computer Programmed Robotics.” I. Hauge, S.M. Golden, M.N. Daughtry, S.D. Stassen, and S.K. Young. Society for Armed Forces Medical Laboratory Scientists, Jacksonville, FL, March, 2005 18. “Direct Detection of Multiple Bacterial DNA by Automated Nucleic Acid and Multiplex Real-time Polymerase Chain Reaction.” Matthew Goldman MD, Stephen M Golden, MD, Joann Y Richardson, MD, Sarah Stassen, Mary M Gozum, and Wilfred dela Cruz, PhD. Pediatric Academic Societies, Washington, D.C. (accepted, May, 2005) 19. “Serum Amyloid A (SAA) Values in Laboring and Non-laboring Pregnant Patients.” Michele Straka DO, Steve K. Young, Ileana Hauge, and Steven M. Golden MD. Annual Clinical Meeting, American College of Obstetricians and Gynecologists, San Francisco, CA, May, 2005 20. “Gender Based Preliminary Pediatric Studies for Serum Amyloid A (SAA) and C-Reactive Protein (CRP)” Maj Ileana Hauge, USAF, BSC1, Col Stephen M. Golden, USAF, MC, FS , Lt Col Joann Y. Richardson, USAF, MC, Mayce Niemotka MT-CLS, Rodrigo Pabros, MT-CLS, Ginny L. Gildengorin, PhD3, and SSgt Sarah Stassen, USAF. Society for Armed Forces Medical Laboratory Scientists, Reno, NV, Mar 2006 in press 21. “Ranges for Serum Amyloid A in a Pediatric Clinic Population.” Col Stephen M. Golden, USAF, MC, Maj Ileana Hauge, USAF, BSC, USAF, Lt Col Joann Y. Richardson, USAF, MC, Mayce Niemotka MT-CLS, Rodrigo Pabros, MT- CLS, Ginny L. Gildengorin, PhD3, and SSgt Sarah Stassen, USAF. Pediatric Academic Societies Annual Meeting, San Francisco, March, 2006 22. “Gender Based Preliminary Pediatric Studies for Serum Amyloid A (SAA) and C-Reactive Protein (CRP).” Maj Ileana Hauge, USAF, BSC; Col Stephen M. Golden, USAF, MC, FS, LtCol Joann Y Richardson, USAF, MC, Mayce Niemotka, MT-CLS, Rodrigo Pabros, MT-CLS, Ginny L Gildengorin, PhD and SSgt Sarah Stassen, USAF. 46th Annual Meeting of the Society of Toxicology, Charlotte, NC, March 2007 MILITARY APPOINTMENTS, ASSIGNMENTS and AWARDS Date and Source of Commission: 20 Oct. ‘71 USNR Entry Active Service Date: 8 Aug. ‘73 Chronological List of Appointments: Lt(jg), USNR Dec. ‘67 Lt. USNR July ‘69 LCDR USNR Jan. ‘74 CDR USNR Jan. ‘79 LTC USAR Nov. ‘84 COL USAR Aug. ‘85 Col USAF Nov. ‘95 MILITARY SCHOOLS ATTENDED:YEAR COMPLETED Chemical Casualty Care Course 1981 Airborne Service Course 1981 Combat Casualty Care Course 1982 & 1983 AMEDD Officer Advanced Course 1986 AMEDD Staff Development Course 1988 Army Flight Surgeon Primary Course 1991 Command and General Staff College (Army) 1992 Hyperbaric Medicine (short course) 1994 USAF Air War College 1996 Aerospace Medicine Primary Course (USAF) 1996 CHRONOLOGICAL RECORD OF DUTY ASSIGNMENTS:FROM TO USNR (Not on active duty) Oct 71 - Aug 73 ACTIVE DUTY: USNR--Naval Hospital, Guam Staff Pediatrician Aug 73 - Aug 75 USN --Fitzsimons Army Medical Center Fellowship, Neonatology Aug 75 - Aug 77USN-- National Naval Medical Center Bethesda, MD (Head, Newborn Branch) Aug 77 - July 80 USN-- Uniformed Services University of the Health Sciences (Ass’t Commandant of Students, Director, Perinatal Research) July 80 - June 84 USNR-- (Not on active duty) June 84 - Nov 84 USAF--60th Medical Group (AMC) Nov. 94 – Oct 06 David Grant Medical Center, Travis AFB, CA Duties at DGMC: 2006 Founder and Medical Director for Patient Safety and Medical Simulation Center (DGMC) 2002-06 Associate Chief of the Medical Staff 1999-06 Executive Director, Travis Fisher House 1996-06 Attending physician, Neonatal Intensive Care Unit 1999-03 Director, Newborn Services 1994-95 Co-Director, Newborn Services 1999 Squadron Commander (acting), Medical Operations Squadron 1997-99 Chief of the Medical Staff/Deputy Medical Operations Squadron Commander 1994-97 Director, Newborn Services RESERVES USAR--(Not on active duty) First Army Augmentation Division 331st General Hospital, Utica, NY Nov 84- Jan 87 NJARNG--New Jersey Army National Guard Division Surgeon, 50th Armored Division MOS: 60A00, 61N Jan 87- May 93 Member: NJARNG Nuclear Surety Board Formulary Committee Quality Assurance Committee USAR--Control Group May 93- Aug 93 USAR--I.M.A. (Individual Mobilization Augmentee); Chief, Aeromedical Standards Board Aug 93- Nov 94 Military DECORATIONS, BADGES, AWARDS Air Force commendation Medal (2) Air Force Longevity Service Award with 4 OLC Air Force Outstanding Unit Award with 7 OLC Air Force Training Ribbon Armed Forces Reserve Medal Army Flight Surgeon Wings Army Reserve Component Achievement Medal Army Service Ribbon Defense Meritorious Service Medal, U.S.N. Expert Field Medical Badge, U.S. Army Friendship Through Aid Society, Honorary Lifetime Member, U.S. Pacific Fleet Global War on Terrorism Service Medal Humanitarian Service Medal, U.S. Navy (2 Oak Leaf Clusters) Leadership Development Award, National Jewish Welfare Board Biennial Convention, New Orleans, LA Letter of Appreciation, Naval Regional Medical Center, Guam Letter of Appreciation; Naval Hospital, Oakland, CA Letter of Commendation, National Naval Medical Center, Bethesda, MD Medical Corps Occupational Badge (US Army and USAF) Meritorious Service Medal, U.S. Army Navy and Marine Corps Parachute Wings Navy Expert Pistol Medal Navy Marine Corps Overseas Service Medal National Defense Service Medal with 1 BSS Parachute Badge, U.S. Army Page 1 of 2 Town of Tiburon Commission, Board, Committee Application Submit to: Town Clerk Lea Stefani 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org (415)435-7377 TOWN COUNCIL DIVERSITY INCLUSION TASK FORCE APPLICATION On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be made up of 10 individuals – five Town Councilmembers and five residents appointed by the Council. To apply for a seat on the Task Force, please submit this completed form to the Town Clerk with a resume. Thank you for your willingness to serve the Tiburon community. Diversity Inclusion Task Force Qualifications -Possess the experience, qualifications, and knowledge either in your professional career, volunteer work, or personal capacities to engage, organize, and provide recommendations to achieve diversity and inclusion goals and policies -Possess awareness about how the role of systemic racism produces inequities the task force will attempt to address -Have the time and schedule flexibility to attend monthly meetings -Have interest in working on policies regarding diversity and inclusion -Be a full-time resident of Tiburon or Belvedere (proof of residency required) Applicant Name Full Name: Date: Applicant Information Address: Street Apartment/Unit City State Zip Phone: Email: Amannda Schneider 11/15/2022 2 Hilarita Cir Belvedere CA 94920 425-864-3911 Amanndaschneider@me.com Page 2 of 2 By submittal of this application, I certify that the home address I have listed above is my primary full-time residence. Signature: Why would you like to serve on the task force? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Possibly I am an optimist, but I have found most everyone wants to improve their diversity and inclusive behaviors but may need a practical way to do so. Belvedere-Tiburon taking steps to improve by creating this task force, is evidence of positive growth and I would like to offer my assistance in anyway I can. Working with a group, we could outline specific goals with timelines and measurements of achievements. Owning 12 fast casual restaurants for 10 years gave me a great deal of experience. After scoring perfectly on this question in a company wide poll, I researched why we, as an organization, rated so well in this area. The reverse research taught me a great deal about how to maintain the positive path by understanding the need for and application of new behaviors as a group. I am happy to help the community set and achieve goals for this admirable growth plan. You don't often get email from amanndaschneider@me.com. Learn why this is important From:amannda schneider To:Lea Dilena Subject:Re: Diversity and inclusion application Date:Wednesday, November 16, 2022 11:19:03 AM You don't often get email from amanndaschneider@me.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I do not have one at hand. I can add a note here if that is helpful. My background is founded in raising my three children, homeschooling them so we couldtravel. I also started a school with 300 enrolled. I purchased 3 Restaurants and grew to 12 in Washington State and Hawaii. Creating a culture of diversity and inclusion was one of mygreatest strengths. With over 500 employees , I had many opportunities to grow my skills and company culture. I retired a year ago and moved to be near my children. A note regarding my view on this subject, both political parties have used this title to criticizeeach other. It does not have to be that way. We can make actual progress by setting long term goals that are rolled out in a positive manner that motivates new behaviors. This is not a war, itis simple new habits and ways of thinking that roll us into the future. Thank you for considering me! Amannda Schneider 425-864-3911 On Nov 16, 2022, at 10:39 AM, Lea Dilena <ldilena@townoftiburon.org> wrote:  Thanks Amannda. Would you like to submit a resume as well? It’s not required, but it’s helpful for the Council. From: amannda schneider <amanndaschneider@me.com> Sent: Tuesday, November 15, 2022 4:35 PM To: Lea Dilena <ldilena@townoftiburon.org> Subject: Diversity and inclusion application CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you for considering, Amannda Schneider Amanndaschneider@me.com 425-864-3911 Page 1 of 5 Tiburon Town Council Minutes #23-2022 DRAFT November 16, 2022 TOWN COUNCIL SPECIAL & REGULAR MEETING DRAFT MINUTES Consistent with Government Code section 54953(e), councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to be included in the public record for the meeting. SPECIAL MEETING – 4:00 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner CLOSED SESSION 1. Public Employee Performance Review: Government Code Section 34957 Title: Town Manager 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9: (One potential case) ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Tasini, Chief of Police Monaghan, Town Clerk Dilena ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY No reportable action. ORAL COMMUNICATIONS There were none. Page 2 of 5 Tiburon Town Council Minutes #23-2022 DRAFT November 16, 2022 CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for November 2, 2022 Town Council regular meeting (Department of Administrative Services) CC-2. Teleconference Meetings – Adopt resolution that would allow the Town to continue to operate virtual board meetings in accordance with AB 361 (Department of Administrative Services) CC-3. Pending Vacancies on Town Boards & Commissions – Announce pending vacancy on Marin-Sonoma Mosquito & Vector Control District Board of Trustees (Department of Administrative Services) MOTION: To adopt Consent Calendar Items No. 1-3, as written. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner ACTION ITEMS AI-1. United Against Hate Week – Adopt resolution declaring November 13-19, 2022 United Against Hate Week in the Town of Tiburon (Department of Administrative Services) MOTION: To adopt the resolution, as written. Moved: Thier, seconded by Griffin VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner AI-2. EV Patrol Vehicle Purchase – Consider approving purchase of a Tesla Model Y for use as a marked patrol vehicle and authorize a budget amendment in the amount of $30,500 MOTION: To approve the purchase of a Tesla Model Y and approve a FY2023 budget amendment in the amount of $30,500 from the General Fund Operating Reserves to fund the purchase. Moved: Fredericks, seconded by Thier VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner AI-3. Martha Property Contribution Request – Consider request for a $1,000,000 contribution pledge to be used for the acquisition of the Martha property Public comment was received by: • George Landau, who spoke in favor of the contribution. • Tim Burr, who spoke in favor of the contribution. MOTION: To approve a pledge to contribute $1,000,000 to be used for the acquisition of the Martha Property and to direct staff to create a Martha Property Discretionary Page 3 of 5 Tiburon Town Council Minutes #23-2022 DRAFT November 16, 2022 Reserve Account and transfer the contribution pledge amount from the General Fund Operating Reserve account. Moved: Welner, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner PUBLIC HEARINGS PH-1. Municipal Code Amendments – Hold public hearing and consider adoption of amendments to Chapter 13 (Building Regulations) of the Tiburon Municipal Code to adopt by reference and with modifications to the latest state-authorized construction and fire codes (Community Development Department) MOTION: To adopt the ordinance by reference and with modifications to the latest state- authorized construction and fire codes, and to ratify the Southern Marin Fire District’s and Tiburon Fire Protection District’s adoption of the fire codes. Moved: Fredericks, seconded by Griffin VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner PH-2. 4576 Paradise Drive – Consider appeal of Design Review Board approval of a tree permit application for the removal of 10 trees at 4576 Paradise Drive (Community Development Department) Owner/Applicant: Hendricks/Sierra Pines LLC Appellant: James Massey-Kim Address: 4576 Paradise Drive Assessor Parcel No.: 038-142-02 Public comment was received by: • Cynthia Massey-Kim, who spoke in support of the appeal and additional conditions. • Joy G., who expressed concern about bird nests disappearing with more tree removal. MOTION: To direct staff to return to the next Town Council meeting with a resolution that would partially grant the appeal, on the conditions that the stumps will remain in place and the property owner will obtain Streambed Alteration Agreement from the California Department and Fish and Wildlife. Moved: Welner, seconded by Thier VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner PH-3. 1911 and 1915 Mar West Street – Consider approval of a partial street abandonment associated with a proposed lot line adjustment (Community Development Department) [CONTINUED TO JANUARY 18, 2023] DISCUSSION ITEMS Page 4 of 5 Tiburon Town Council Minutes #23-2022 DRAFT November 16, 2022 DI-1. Pickleball – Receive report from sub-committee on pickleball at Teather Park tennis courts No action taken. DI-2. General Plan Update – Receive update on the status of the General Plan development process Public comment was received by: • Julie Jacobs, who asked if there will be future opportunities to comment on the Housing Element and encouraged the Council to consider interim objective design standards. • Dorene Curtis, who asked for the opportunity to review the Housing Element in markup format after comments are incorporated. No action taken. DI-3. Landscape Equipment Ordinance – Discuss potential Municipal Code amendments to ban all gas-powered landscape equipment Public comment was received by: • Peter Brooks, who expressed concern that there were not yet viable electric tools on the market to dismantle trees and about the requirement for contractors to purchase new equipment to work in Tiburon. The Council directed staff to proceed with developing a draft ordinance for consideration. TOWN COUNCIL REPORTS Councilmember Griffin shared about an upcoming event to honor United Against Hate Week. TOWN MANAGER REPORT Town Manager Chanis reminded the Council of a special meeting scheduled for 11/30/22. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Welner adjourned the meeting at 8:35 p.m. JON WELNER, MAYOR TOWN OF TIBURON Page 5 of 5 Tiburon Town Council Minutes #23-2022 DRAFT November 16, 2022 ATTEST: LEA DILENA, TOWN CLERK Page 1 of 4 Tiburon Town Council Minutes #24-2022 DRAFT December 7, 2022 TOWN COUNCIL SPECIAL & REGULAR MEETING DRAFT MINUTES Consistent with Government Code section 54953(e), councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to be included in the public record for the meeting. SPECIAL MEETING – 4:00 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner CLOSED SESSION 1. Public Employee Performance Review: Government Code Section 34957 Title: Town Manager 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9: (One potential case) ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Tasini, Chief of Police Monaghan, Police Captain Jean, Director of Administrative Services Creekmore, Town Clerk Dilena ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY No reportable action. ORAL COMMUNICATIONS Page 2 of 4 Tiburon Town Council Minutes #24-2022 DRAFT December 7, 2022 Chuck asked that the Council consider increasing the appellant filing fee for appeals and to consider adopting the County’s model REACH codes on building electrification. Julie Jacobs asked if there has been any progress on the Objective Design Standards or a response from HCD on the draft Housing Element. CONSENT CALENDAR CC-1. Richardson Bay Sanitary District Agreement – Rescind previous 11/3/21 Council action, accept new survey boundary, approve final purchase and sale agreement, and authorize the Town Manager to execute the agreement to acquire real property owned by the Richardson Bay Sanitary District (Office of the Town Manager) CC-2. November 8, 2022 General Municipal Election – Adopt resolution certifying the results of the November 8, 2022 General Municipal Election (Department of Administrative Services) CC-3. Annual Appointments List – Adopt annual list of appointments made by the Town Council in 2022 (Department of Administrative Services) CC-4. 4576 Paradise Drive Appeal – Adopt resolution partially granting the appeal of Design Review Board approval at 4576 Paradise Drive (Community Development Department) Mayor Welner pulled Consent Calendar Item No. 1 for discussion MOTION: To adopt Consent Calendar Items No. 2-4, as written. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner CC-1. Richardson Bay Sanitary District Agreement – Rescind previous 11/3/21 Council action, accept new survey boundary, approve final purchase and sale agreement, and authorize the Town Manager to execute the agreement to acquire real property owned by the Richardson Bay Sanitary District (Office of the Town Manager) MOTION: To adopt Consent Calendar Item No. 1, as written. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner PRESENTATIONS P-1. Oath of Office – The Councilmembers-elect will be sworn into office. P-2. Introduction of New Town Staff – Police Captain Michelle Jean ACTION ITEMS Page 3 of 4 Tiburon Town Council Minutes #24-2022 DRAFT December 7, 2022 AI-1. Recognition of Mayor Jon Welner – Mayor Welner is invited to share his comments and the Council is invited to share their comments with the outgoing Mayor, as well. AI-2. Election of New Mayor – Outgoing Mayor Welner will entertain nominations for the Office of Mayor and conduct the election. MOTION: To appoint Jack Ryan to the office of Mayor for a one-year term. Moved: Welner, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Their, Welner AI-3. Election of New Vice Mayor – The Mayor-elect will conduct the election of Vice Mayor. MOTION: To appoint Noah Griffin to the office of Vice Mayor for a one-year term. Moved: Ryan, seconded by Thier VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner AI-4. Town Manager Performance Evaluation – Consider creation of the 2023 Town Manager Performance Evaluation ad hoc subcommittee and appoint membership. MOTION: To create the 2023 Town Manager Performance Evaluation and appoint Mayor Ryan and Vice Mayor Griffin as members. Moved: Griffin, seconded by Thier VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner DISCUSSION ITEMS DI-1. Teleconference Meetings – Discuss the return to in-person Town Council and Town legislative body meetings in 2023 Public comment was received by: • Crystal Duran, who asked if the Chambers infrastructure would be available for other groups to use for running hybrid meetings. No action taken. TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT Town Manager Chanis announced the 12/21/22 and 1/4/23 regular Town Council meetings would be cancelled. Page 4 of 4 Tiburon Town Council Minutes #24-2022 DRAFT December 7, 2022 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor-elect Ryan adjourned the meeting at 6:51 p.m. JACK RYAN, MAYOR-ELECT TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: AB 361 Teleconference Meetings Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY In accordance with Government Code Section 54953, the Council will consider adoption of a resolution that would allow the Town to continue to operate virtual board meetings for the next 30 days. RECOMMENDED ACTION(S) 1. Adopt the attached resolution (Exhibit 1). BACKGROUND In September 2021, the Ralph M. Brown Act (Brown Act) was amended by Assembly Bill 361 to allow fully virtual board meetings during a state of emergency. AB 361 amends Government Code section 54953 to allow virtual board meetings through January 1, 2024 in any of the following circumstances: 1. The legislative body holds a meeting during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing. 2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. To continue to hold virtual meetings while California’s state of emergency remains active, the body must make findings every 30 days that: 1) the body has reconsidered the circumstances of the state of emergency and 2) that the state of emergency continues to directly impact the ability of the members to meet safely in person or state and state or local officials continue to impose or recommend measures to promote social distancing. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: CC-3 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 2 OF 2 The attached resolution (Exhibit 1) makes the required findings to allow the Town Council and Council appointed boards and commissions to continue to operate virtual meetings for the next 30 days. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council adopt the attached resolution (Exhibit 1). Exhibit(s): 1. DRAFT Resolution Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 Page 1 of 2 Town Council Resolution No. XX-2023 DRAFT 01/18/2023 DRAFT RESOLUTION NO. XX-2023 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AND ON BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE TOWN COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b) AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL GOVERNMENT MEETINGS WHEREAS, the Town Council is committed to ensuring public access to observe and participate in local government meetings; and WHEREAS, all meetings of the Town Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and WHEREAS, the recently adopted AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-proclaimed state of emergency and if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID-19) and that State of Emergency is still in effect in the State of California; and WHEREAS, on March 3, 2020, Marin County declared a local emergency due to the COVID-19; and WHEREAS, on March 16, 2020, the Town Manager proclaimed the existence of a local state of emergency within the Town, pursuant to Section 21-6 of the Tiburon Municipal Code and Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic, which was ratified by the Town Council on March 18, 2020; and WHEREAS, COVID-19 continues to threaten the health and lives of Town residents; and WHEREAS, the SARS-CoV-2 Delta Variant (Delta Variant) and SARS-CoV-2 Omicron Variant (Omicron Variant) are highly transmissible in indoor settings; and WHEREAS, on July 28, 2021, the California Department of Public Health issued guidance calling for the use of face coverings and stating that the Delta Variant is two times as contagious as early COVID-19 variants, leading to increasing infections, the Delta Variant accounts for over 80% of cases sequenced, and cases and hospitalizations of COVID-19 are rising throughout the state; and WHEREAS, on January 5, 2022, the California Department of Public Health issued guidance again requiring universal masking indoors and stating that the Omicron Variant is more contagious than early COVID-19 variants and the Delta Variant, and has increased the seven-day average case rate more than sixfold and doubled COVID-19 hospitalization rates; and Page 2 of 2 Town Council Resolution No. XX-2023 DRAFT 01/18/2023 WHEREAS, the Delta and Omicron Variants have caused, and will continue to cause, conditions of imminent peril to the health safety of persons within the Town; an WHEREAS, the Town Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the Town Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town Council does hereby: 1. Find that Current Conditions Authorize Teleconference Public Meetings of Legislative Bodies. Based on the California Governor’s continued declaration of a State of Emergency and current conditions, the Town Council finds that meeting in person would present imminent risks to the health or safety of attendees, such that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings. 2. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act. PASSED AND ADOPTED at a regular meeting of the Town Council on January 18, 2023, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: __________________________ JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: ____________________________ LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: 2023 Vacancies on Town Boards, Commissions & Committees Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY At the first Town Council meeting each January, the Town Council formally announces the upcoming vacancies on Town boards and commissions and invites applicants to fill the positions. Most terms expire in February, and the Council makes the appointments or reappointments to new terms in early March. RECOMMENDED ACTION(S) 1. Announce the pending vacancies on Town boards & commissions in 2023 by adoption of this item on the Consent Calendar. BACKGROUND The Town Council makes appointments to the various boards, commissions and committees of the Town on an annual and as-needed basis. Most appointments are staggered 4-year terms, regularly scheduled to expire at the end of February. At the beginning of each year, staff and the Council begin the process to refill the seats that are scheduled to expire, whether by reappointment of incumbent or new appointment. This process is governed by Town Council Resolution No. 16-2007 (Appointments Procedure), which requires that the Mayor announce the pending vacancies on Town boards, commissions and committees at the first Town Council meeting of the year. Additionally, the procedure requires the Town Clerk publish the Notice of Pending Vacancies (Exhibit 1) in the Ark newspaper and post the notice at Town Hall for the purpose of notifying the public of these vacancies, and to seek applicants to fill the positions. The deadline for new applications this year is February 10, 2023 at 5:00 p.m. Commissioners whose terms are expiring in 2023 will be notified by the Town Clerk of their term expirations and asked whether they are interested in seeking reappointment. Due consideration will be given to all incumbent commissioners; however, the Council is required to interview all new applicants. An exception to this rule is for commissioners who have served terms of less than TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: CC-4 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 2 OF 2 two years in duration; the Council is not required to interview new applicants for these pending vacancies, if the incumbent seeks reappointment to the position. The attached Notice of Pending Vacancies itemizes all scheduled vacancies to which the Council will make appointments in 2023. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by adoption of this item. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. 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 announce the pending vacancies on Town boards & commissions in 2023 by adoption of this item on the Consent Calendar. Exhibit(s): 1. Notice of Pending Vacancies 2023 Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES on Town Boards, Commissions & Committees January 2023 BEL-TIB JOINT RECREATION COMMITTEE (THE RANCH) BEL-TIB LIBRARY AGENCY BOARD OF TRUSTEES BUILDING CODE APPEALS BOARD DESIGN REVIEW BOARD DIVERSITY INCLUSION TASK FORCE HERITAGE & ARTS COMMISSION MARIN COMMISSION ON AGING PARKS, OPEN SPACE & TRAILS COMMISSION PLANNING COMMISSION ******** The following vacancies on Town Boards, Commissions and Committees are current or pending in 2023. Pursuant to Resolution No. 16-2007, the Tiburon Town Council will conduct interviews of interested applicants beginning in February 2023. Current commissioners whose terms are expiring may seek reappointment for another term; commissioners who have served terms of less than two years are eligible for automatic re-appointment. Applicants should be residents of the Town of Tiburon and have the time, interest and desire to serve on the board or commission, including attendance at regular monthly meetings and other activities. Some commissions are comprised of residents of both Tiburon and Belvedere, or the Tiburon Peninsula. Applications can be obtained at www.townoftiburon.org. You may also contact Town Clerk Lea Dilena at ldilena@townoftiburon.org or (415)435-7377 for more information. Application Deadline: February 10, 2023 at 5:00 P.M. TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES ON BOARDS, COMMISSIONS & COMMITTEES JANUARY 2023 BELVEDERE-TIBURON JOINT RECREATION (THE RANCH) COMMITTEE Appointee Appointed Term Expires Jerry Riessen 1999; 2003; 2007; 2011; 2013; 2015; 2019 2/28/2023 Jason Rosell 2019 2/28/2023 BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF TRUSTEES Appointee Appointed Term Expires Ken Weil 2019 6/30/2023 BUILDING CODE APPEALS BOARD Appointee Appointed Term Expires Brian McLeran 2018 2/28/2023 DESIGN REVIEW BOARD Appointee Appointed Term Expires Miles Berger 2019 2/28/2023 Fahad Al Dughaish* 2022 2/28/2023 DIVERSITY INCLUSION TASK FORCE Appointee Appointed Term Expires Karen Carrera* 2021 2/28/2023 Anette Harris 2021 2/28/2023 Ruben Kalra 2021 2/28/2023 Tina Paikeday* 2022 2/28/2023 HERITAGE & ARTS COMMISSION Appointee Appointed Term Expires Victoria Fong 2015, 2019 2/28/2023 MARIN COMMISSION ON AGING Appointee Appointed Term Expires Jane Gould* 2021 6/31/2023 PARKS, OPEN SPACE & TRAILS COMMISSION Appointee Appointed Term Expires Chuck Hornbrook 2019 2/28/2023 PLANNING COMMISSION Appointee Appointed Term Expires Erica Williams 2014, 2015, 2019 2/28/2023 *Eligible for automatic reappointment pursuant to Town Council Resolution No. 16-2007 Copies to: The Ark (for publication on 1/11, 1/25, and 2/1/2023) and Marin Independent Journal Notice Posted at Tiburon Town Hall TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Adopt Community Risk Reduction Awareness Week Resolution Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider adoption of a resolution in recognition of Community Risk Reduction Awareness Week. RECOMMENDED ACTION(S) 1. Adopt the resolution (Exhibit 1). BACKGROUND Community risk reduction programs are designed to identify risks and hazards in the community and proactively find solutions to lower greater community risk. First responders usually have a unique awareness of potential hazards in the community and implement community risk reduction programs by conducting risk assessments, promoting risk-reducing products and activities, and spreading awareness in the community. Community Risk Reduction Awareness Week is a nationwide initiative spearheaded by fire service professionals to emphasize the importance of community risk reduction. This year, Community Risk Reduction Awareness Week is January 16-22, 2023. In recognition of Community Risk Reduction Awareness Week, staff has prepared a draft resolution (Exhibit 1) for the Council’s consideration. Additionally, staff is working with the Police Department, the Tiburon Fire and Southern Marin fire districts, and other communications partners in Southern Marin on a public information campaign to bring awareness to the topic of community risk reduction in the community. In light of the Bay Area’s recent weather, the social media campaign will focus on community risk reduction as it relates to winter storm preparedness. Stay tuned to @townoftiburon @tiburonpd and @tiburonfiredistrict this week! ANALYSIS No further analysis provided. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: CC-5 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 2 OF 2 FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staffhas preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council adopt the resolution (Exhibit 1). Exhibit(s): 1. Draft Resolution Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 Page 1 of 1 Town Council Resolution No. XX-2023 DRAFT 01/18/2023 DRAFT RESOLUTION NO. XX-2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DECLARING JANUARY 16- 22, 2023 AS COMMUNITY RISK REDUCTION AWARENESS WEEK IN THE TOWN OF TIBURON WHEREAS, every 23 seconds, a fire department in the United States responds to a fire somewhere in the nation; and WHEREAS, in 2021, fires nationally were responsible for 3,800 civilian deaths (75% in the home) and 14,700 civilian injuries (76% in the home), totaling an estimated $15.9 billion in property damage; and WHEREAS, wildland/urban interface (WUI) related fires remain a concern nationwide with multibillion-dollar losses as a result in 2021; and WHEREAS, the fire service responds to a growing number of medical calls for service, surpassing 80% of total call volume in some jurisdictions; and WHEREAS, Community Risk Reduction is a data-informed process to identify and prioritize local risks, followed by integrated and strategic investment of resources to reduce their occurrence and impact; and WHEREAS, the value of community support from local, state, and national partners to address community risks is recognized to meet the demands on paid, combination, and volunteer members of the fire service; and WHEREAS, the goal of Community Risk Reduction is to reduce the occurrence and impact of emergency events for both community members and emergency responders through deliberate action in the areas of the five E’s of Education, Engineering, Enforcement, Emergency response, and Economic incentive; and WHEREAS, most fire-related and many medical calls for service are preventable, with the five E’s performed as part of an integrated Community Risk Reduction program; and WHEREAS, Monday, January 16, 2023 is Martin Luther King Day and is nationally recognized as a National Day of Service and an opportunity for communities to reduce the risk in their community through a series of educational and other programs; and NOW, THEREFORE, BE IT RESOLVED, that the week of January 16, 2023 – January 22, 2023 be designated as CRR Week, a grassroots initiative of fire service professionals across the nation to raise awareness of the importance of CRR in the fire service community and an opportunity to make communities safer. PASSED AND ADOPTED this 18th day of January, 2023, at a regular meeting of the Town Council, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Adopt Resolution to Establish Check Signature Authority Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY As there are changes in the Council composition or staff changes, a new resolution must be adopted establishing those persons with authority to sign Town checks. Staff is proposing an increase to the amount Staff is authorized to permit for payment and updating language to reflect electronic payment methods. RECOMMENDED ACTION(S) 1. Adopt the attached resolution (Exhibit 2) establishing those persons who can sign Town-issued checks. BACKGROUND The Town Council adopts by resolution those officials and employees who have the authority to sign and endorse Town checks as well as the amount that Staff is authorized to approve for payment. The Town’s signature authority was most recently updated in January 2022. At the suggestion of members of the FY 2022 Finance Committee during the budget approval process, it was noted that the amount identified in the resolution requiring signature of a Council member was low and suggested it be increased. Staff is proposing the amount for all checks, drafts, and other payment instruments that may be authorized by Staff or Council be increased from $2,500 to $5,000. Further, Staff is proposing that the requirement for a signature be replaced with authorization for payment to reflect the Town’s practice of utilizing electronic payment methods. No changes have been made to the Staff or Council members authorized to sign checks. ANALYSIS No further analysis provided. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: CC-6 Town Council Meeting January 19, 2022 TOWN OF TIBURON PAGE 2 OF 2 FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by adoption of this resolution. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council adopt the attached resolution (Exhibit 2) establishing those persons who can sign Town-issued checks. Exhibit(s): 1. Draft Resolution – Check Signing Authority (Redline) 2. Draft Resolution – Check Signing Authority (Clean) Prepared By: Suzanne Creekmore, Director of Administrative Services EXHIBIT 1 Page 1 of 2 Town Council Resolution No. xx-2022 DRAFT January 18, 2023 DRAFT RESOLUTION NO. XX-2023 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE SIGNING AND ENDORSING OF CHECKS AND OTHER INSTRUMENTS OF PAYMENT & ACCESS TO DOCUMENTS RETAINED IN SAFEKEEPING WHEREAS, the Town of Tiburon has, by resolution, adopted a policy which identifies the employees and officials who may sign and endorse checks and other instruments of payment on behalf of the Town, and which employees may have authorization for access to Town documents held in safekeeping: and WHEREAS, from time to time as employees or Councilmembers authorized to sign and endorse checks and other instruments of payment on behalf of the Town leave the Town’s service it becomes necessary to add an authorized signer, and NOW THEREFORE, BE IT RESOLVED THAT: 1. The Bank of Marin, Tiburon Branch, shall be the depository for all funds of the Town of Tiburon. Commercial accounts shall be established and maintained by and in the name of the Town of Tiburon at the designated bank upon and subject to such terms as may be agreed to from time to time. 2. All checks, drafts and other instruments for payment from the Town’s commercial account in the amount of $2,5005,000.00 or less, or relating to the Town’s state and federal payroll tax obligations, PERS retirement, or health insurance obligations in any amount shall be signed -authorized for payment on behalf of the Town by any two (2) of the following people: Town Manager Gregory Chanis, Director of Administrative Services Suzanne Creekmore, Town Clerk Lea Stefani, or any member of the current Town Council (Alice Fredericks, Noah Griffin, Jack Ryan, Holli Thier, or Jon Welner). 3. All payroll, payroll payable, and payroll benefit checks shall be signed authorized for payment by the Town Manager and Director of Administrative Services, and in the case of either’s absence the Director of Administrative Services, or any member of the Town Council. 4. All other checks, drafts and instruments for payment shall be signed authorized for payment on behalf of the Town by either the Town Manager, Director of Administrative Services, Town Clerk and by one member of the Town Council. 5. All checks, drafts or other instruments for payment made payable to the Town of Tiburon may be endorsed for deposit by written or stamped endorsement in the name of the Town of Tiburon without individual signatures. 6. Staff is directed to provide a certified copy of this resolution to the Bank of Marin along with signature authorization forms which include signatures of the individuals currently holding the following positions: Town Manager, Director of Administrative Services, Town Page 2 of 2 Town Council Resolution No. xx-2022 DRAFT January 18, 2023 Clerk, and Town Council members. The Town Clerk shall inform the Bank of Marin of any changes in these positions and provide new signature cards when necessary. 7. The Bank of Marin is requested and authorized to honor, receive, certify or pay any instrument signed or endorsed in accordance with this Resolution. This Resolution and signature authorization forms submitted by the Town Clerk shall remain in full force and effect, and the Bank is authorized and requested to rely and act thereon, until such time as the Bank receives written notice of any changes from the Town Clerk. 8. The Bank of America, Tiburon Branch is the location of four Safe Deposit Boxes that the Town rents from the Bank. The following employees of the Town are authorized by signature to place, extract, or review items held in safekeeping: Town Manager (Greg Chanis), Town Clerk, (Lea Stefani), Director of Administrative Services (Suzanne Creekmore). PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 18, 2023, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK EXHIBIT 2 Page 1 of 2 Town Council Resolution No. xx-2022 DRAFT January 18, 2023 DRAFT RESOLUTION NO. XX-2023 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE SIGNING AND ENDORSING OF CHECKS AND OTHER INSTRUMENTS OF PAYMENT & ACCESS TO DOCUMENTS RETAINED IN SAFEKEEPING WHEREAS, the Town of Tiburon has, by resolution, adopted a policy which identifies the employees and officials who may sign and endorse checks and other instruments of payment on behalf of the Town, and which employees may have authorization for access to Town documents held in safekeeping: and WHEREAS, from time to time as employees or Councilmembers authorized to sign and endorse checks and other instruments of payment on behalf of the Town leave the Town’s service it becomes necessary to add an authorized signer, and NOW THEREFORE, BE IT RESOLVED THAT: 1. The Bank of Marin, Tiburon Branch, shall be the depository for all funds of the Town of Tiburon. Commercial accounts shall be established and maintained by and in the name of the Town of Tiburon at the designated bank upon and subject to such terms as may be agreed to from time to time. 2. All checks, drafts and other instruments for payment from the Town’s commercial account in the amount of $5,000.00 or less, or relating to the Town’s state and federal payroll tax obligations, PERS retirement, or health insurance obligations in any amount shall be -authorized for payment on behalf of the Town by any two (2) of the following people: Town Manager Gregory Chanis, Director of Administrative Services Suzanne Creekmore, Town Clerk Lea Stefani, or any member of the current Town Council (Alice Fredericks, Noah Griffin, Jack Ryan, Holli Thier, or Jon Welner). 3. All payroll, payroll payable, and payroll benefit checks shall be authorized for payment by the Town Manager and Director of Administrative Services, and in the case of either’s absence the Director of Administrative Services, or any member of the Town Council. 4. All other checks, drafts and instruments for payment shall be authorized for payment on behalf of the Town by either the Town Manager, Director of Administrative Services, Town Clerk and by one member of the Town Council. 5. All checks, drafts or other instruments for payment made payable to the Town of Tiburon may be endorsed for deposit by written or stamped endorsement in the name of the Town of Tiburon without individual signatures. 6. Staff is directed to provide a certified copy of this resolution to the Bank of Marin along with signature authorization forms which include signatures of the individuals currently holding the following positions: Town Manager, Director of Administrative Services, Town Page 2 of 2 Town Council Resolution No. xx-2022 DRAFT January 18, 2023 Clerk, and Town Council members. The Town Clerk shall inform the Bank of Marin of any changes in these positions and provide new signature cards when necessary. 7. The Bank of Marin is requested and authorized to honor, receive, certify or pay any instrument signed or endorsed in accordance with this Resolution. This Resolution and signature authorization forms submitted by the Town Clerk shall remain in full force and effect, and the Bank is authorized and requested to rely and act thereon, until such time as the Bank receives written notice of any changes from the Town Clerk. 8. The Bank of America, Tiburon Branch is the location of four Safe Deposit Boxes that the Town rents from the Bank. The following employees of the Town are authorized by signature to place, extract, or review items held in safekeeping: Town Manager (Greg Chanis), Town Clerk, (Lea Stefani), Director of Administrative Services (Suzanne Creekmore). PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 18, 2023, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Repealing the Existing Mid Management Compensation Program Resolution and Adopt an Amended Resolution Adjusting the Senior Planner Salary Range to Reflect a Change from a 35 Hour Work Week to a 40 Hour Work Week for the Position, and Approve a Budget Amendment to Cover the Additional Cost in Fiscal Year 2023. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Adjust salary range for Senior Planner position based on a 40-hour work week and amend the Mid-Management and Unrepresented Employees Recognition and Incentive Compensation Program Resolution for FY 2023 with the adjusted salary range, and approve a Budget Amendment to cover the additional cost for FY 23. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Adopt the Resolution (Exhibit 1). 2. Authorize a Fiscal Year 2023 Budget Amendment in the amount of $8,000 to cover the cost of the proposed change for the remainder of FY 23, with the source of funds for the Budget Amendment being General Fund Operating Reserves. BACKGROUND As part of the annual adoption of the Town’s muncipal budget, Staff includes an amended Mid-Management and Unrepresented Employees Recognition and Incentive Compensation Program resolution that reflects cost of living and other salary adjustments as proposed in the municipal budget. The Resolution includes the salary range for each classification along with benefits and other compensation. The salary range represents the minimum and maximum salary that an employee may receive in base compensation for the fiscal year. ANALYSIS The salary range for each position classified as Mid-Management Unrepresented is based on either a 35 or 40-hour work week. From time-to-time, Staff may recommend that the work week for a position be adjusted, with a corresponding adjustment to the salary range. These adjustments are typically handled through the budget adoption process. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: CC-7 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 2 OF 2 Staff would like to propose a mid-year amendment to the Resolution that reflects an increase in the working hours for the Senior Planner position from 35 hours to 40 hours, with a corresponding increase in the salary range. The adjustment reflects the amount of time required to meet the needs of the job responsibilities. There is no proposed change to the job description at this time. Further, the majority of the Town’s comparators in Marin County budget the Senior Planner position (or its equivalent) at a 40-hour work week. An adjustment to the salary range allows the Town to provide a more competitive salary for the retention of current and recruitment of future employees. FINANCIAL IMPACT The Senior Planner salary range is proposed to be adjusted from a 35-hour work week to a 40-equivalent, with no change to the current hourly rate. The current salary range and proposed salary range for the position are as follows: Current Salary Range: $7,406-$9,258 Proposed Salary Range: $8,456-$10,581 If approved, the total financial impact for fiscal year 2023 with 12 remaining pay periods, is $7,978, and Council is also being asked to approve a Budget Amendment in that amount for the remainder of this Fiscal Year (FY 23) CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Adopt the Resolution (Exhibit 1). 2. Authorize a Fiscal Year 2023 Budget Amendment in the amount of $8,000 to cover the cost of the proposed change for the remainder of FY 23, with the source of funds for the Budget Amendment being General Fund Operating Reserves. Exhibit(s): 1. Draft Resolution Prepared By: Suzanne Creekmore, Director of Administrative Services 7,325 Base Salary 547 Employer PERS (PEPRA 7.47%) 106 Employer FICA (1.45% Medicare) 7,978$ TOTAL EXHIBIT 1 Page 1 of 8 Town Council Resolution No. XX-2023 DRAFT 01/18/2023 DRAFT RESOLUTION NO. XX-2023 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 23-2022 AND ADOPTING AN AMENDED MID-MANAGEMENT AND UNREPRESENTED EMPLOYEES RECOGNITION AND INCENTIVE COMPENSATION PROGRAM FOR FISCAL YEAR 2022-23 WHEREAS, in January 2002, the Town Council established and adopted a Mid-Management and Unrepresented Employee Recognition and Incentive Compensation Program in order to attract and retain professional, competent and qualified employees to carry out the Town's public service mission, and WHEREAS, such a program enhances the professional growth, motivation, and loyalty of mid-management, professional and confidential employees and promotes a consistently higher level of service to the public, and WHEREAS, the Town Council has updated and amended the Mid-Management and Unrepresented Employee Recognition and Incentive Compensation Program most recently in June 2022 by the adoption of Resolution No. 23-2022; and WHEREAS, the Town Council wishes to further amend the Mid-Management and Unrepresented Employee Recognition and Compensation Program to amend Section 3 (Benefits and Insurances); and WHEREAS, the Town of Tiburon Unrepresented employees are defined to include the following positions: Accounting & HR Technician Administration Assistant I Administration Assistant II Administrative Services & EOC Coordinator Assistant Planner Associate Engineer Associate Planner Building Inspector Building Official Building Permit Clerk Building Permit Technician Community Development Aide Engineering Technician/Inspector Finance & Accounting Manager IT Coordinator Management Analyst Planning Manager Planning Technician Page 2 of 8 Town Council Resolution No. XX-2023 DRAFT 01/18/2023 Police Captain Public Works Division Manager-Operations Public Works Division Manager-Engineering / Town Engineer Superintendent of Public Works Senior Planner Town Clerk NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby repeal Resolution No. 48-2021 and all predecessor versions of the Mid-Management and Unrepresented Employees Recognition and Incentive Compensation Program and adopts the following amended Mid-Management and Unrepresented Employees Recognition and Incentive Compensation Program: SECTION 1. SALARIES Effective July 1, 2022 salary ranges for positions covered by this resolution shall be: Administration Assistant I $4,926 - $6,158 Administration Assistant II $5,173 - $6,466 Admin Services & EOC Coordinator $6,705 - $8,381 Assistant Planner $6,025 - $7,531 Associate Engineer $8,219 - $10,274 Associate Planner $6,694 - $8,368 Building Inspector $7,559 - $9,449 Building Official $9,933 - $12,416 Building Permit Clerk $4,926 - $6,158 Building Permit Technician $5,519 - $6,899 Community Development Aide $4,569 - $5,711 Engineering Technician $6,434 - $8,043 Finance & Accounting Manager $8,711 - $10,889 HR & Accounting Technician $4,368 - $5,460 Information Technology Coordinator $8,181 - $10,226 Management Analyst $7,160 - $8,950 Planning Technician $4,926 - $6,158 Police Captain $12,045 - $15,056 PW Division Manager - Operations $10,998-$13,748 PW Division Manager/Town Engineer $10,998-$13,748 Senior Planner $8,465 - $10,581 Superintendent of Public Works $9,517 - $11,896 Town Clerk/Management Analyst $8,991 - $11,239 SECTION 2. SALARY ADJUSTMENTS Page 3 of 8 Town Council Resolution No. XX-2023 DRAFT 01/18/2023 Movement through the salary ranges will be based upon merit following a comprehensive written performance evaluation by the employee's supervisor. SECTION 3. BENEFITS AND INSURANCES The Town shall contribute a dollar amount equal to the combined total of the CalPERS Kaiser two-party premium and Delta Dental family premium to each Mid-Management and Unrepresented employee's cafeteria plan to purchase medical, dental, life and disability insurance. This dollar amount will float with the increase or decrease in the cost of the CalPERS Kaiser two-party and Delta Dental family rate. In addition, for active employees with 2 or more qualifying dependents, the Town will contribute the dollar amount equal to the difference between the Kaiser 2-party rate and the Kaiser Employee & 2+ premium rate towards an employee’s medical insurance premiums. If the full sum specified is exceeded for group insurances of a given employee, then that employee shall pay the balance of the monthly cost via a payroll deduction from the first two payrolls of the month. If the full sum specified is not used for the group insurances cost of a given employee, then that amount, not to exceed $400 per month, shall deposited into one of the Town's Deferred Compensation Plans in the employee’s name. Any employee who on December 31, 2008 receives more than $400 per month accruing fringe shall be capped at the higher amount. Should, at any time, such employee’s accruing fringe fall below the grandfathered cap, but more than $400 per month, the lower amount becomes that employee’s new cap. The enhanced medical benefit for employees with 2 or more dependents will not increase the cafeteria allowance nor expand eligibility for the deferred compensation contribution of unused cafeteria allowance amounts. The cafeteria allowance will remain equal to the Kaiser two-party rate and the Delta Dental family rate in effect on January 1 of each year. Any part-time employee shall receive a prorated amount of the monthly cafeteria allowance based on their full-time equivalent. Retirement – The Town contracts with CalPERS for the provision of a retirement program for its miscellaneous and public safety employees. The Town does not administer the retirement program and makes no representation of the specific parameters of the program beyond what is provided in the Town’s contract with CalPERS. Employees may obtain a copy of the CalPERS contract to review all elements of the current program. Effective July 1, 2015, all employees considered “classic” under CalPERS shall “pick up” 1% of the CalPERS Employers rate. This additional 1% is above the Employee’s normal rate of 7% for Miscellaneous and 9% for Safety. Employees considered “new” under PEPRA shall continue to pay 50% of the normal cost. The employee retirement contribution shall be made on a pre-tax basis as allowed under Internal Revenue Code 414(h)(2). For Miscellaneous Members of the Public Employee's Retirement System hired prior to January 1, 2013, the Town of Tiburon shall provide the CalPERS 2% @ 55 retirement formula, with the highest single year calculation. Public Safety members hired prior to Page 4 of 8 Town Council Resolution No. XX-2023 DRAFT 01/18/2023 January 1, 2013 shall receive the 3% @ 55 retirement formula with the highest 36 months calculation. Miscellaneous members hired after July 1 2013, who are “new members” of the retirement system as defined by CA Government Code Section 7522.04(f) shall be provided the 2% at 62 benefit formula with the highest 36 months calculation. Public Safety employees hired on or after January 1, 2013, who are “new members” of the retirement system as defined by CA Government Code Section 7522.04(f), shall receive the 2.7% @ 57 retirement formula with the highest 36 months calculation Medical Insurance - The Town of Tiburon offers its employees and their dependents medical/hospital insurance coverage. An employee covered under this resolution may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for medical/hospital insurance coverage. Such insurance is mandatory for employees unless they can demonstrate compliance with other coverage. Dental Insurance - The Town of Tiburon offers employees and their dependents a dental plan. Such insurance is mandatory for all employees unless they can demonstrate compliance with other coverage. Life Insurance - The Town of Tiburon offers employee covered by this resolution a $25,000 life insurance policy. Such insurance is mandatory. The Town of Tiburon offers employees covered by this resolution additional life insurance above the mandatory $25,000 policy, up to a combined total of no more than $95,000. Participation is optional. Disability Insurance - The Town of Tiburon offers employees covered by this resolution long term disability insurance which provides two-thirds of an employee’s salary up to a maximum benefit of $4,500/month. Such insurance is mandatory. Long Term Care - The Town of Tiburon offers covered employee a long-term care policy. Participation is optional. Deferred Compensation Plan - The Town of Tiburon offers a choice of two deferred compensation plan to employees. Such monies deposited would become tax-deferred and would be subject to income taxation in the year they are withdrawn from the deferred compensation plan. Participation is optional. IRS Section 125 Plan - The Town of Tiburon offers employees the ability to participate in its IRS Section 125 Plan. Participation is optional. SECTION 4. VACATION LEAVE Mid-management and Unrepresented employees shall accumulate vacation time in accordance with the following vacation entitlement schedule: Page 5 of 8 Town Council Resolution No. XX-2023 DRAFT 01/18/2023 Service Work Days 0-5 Years 12 Days 6-10 Years 18 Days 11+ Years 20 Days Upon termination of a covered employee’s service with the Town, such employee shall be paid a lump sum equivalent to his/her accrued vacation leave. Maximum accumulation of vacation leave is 35 workdays. SECTION 5. SICK LEAVE Mid-management and Unrepresented employees shall be entitled to accrue one working day of sick leave for each month or major fraction thereof. Sick leave may be accrued by qualified employees without a maximum limitation. SECTION 6. SICK LEAVE PAY OFF Mid-management and Unrepresented employees hired prior to July 1, 2001 may receive cash equivalent compensation of 50% of their accrued sick leave, up to a total of 60 days, if the following conditions are met: a. The employee files for a service retirement from the Town, or b. The employee voluntarily separates from the Town and has at least 15 years of service with the Town. Effective July 1, 2011, the cash value of this benefit will be determined based on each employee’s hourly rate and number of eligible hours for cash-out purposes (50% of sick leave balance, up to 60 days). This value will be documented and the value capped. This value cannot grow through additional accrued sick leave or though increases in pay. Employees with 15 years or more service with the Town may request a cash-out of 60% of the eligible hours (early cash-out option). Should an employee request the early cash-out of 60% of the eligible sick leave hours, they will not be entitled to any further sick leave cash-out upon retirement or separation of employment with the Town. Those hours cashed out will be deducted from the employees sick leave balance. If an employee is not eligible for, or elects not to take, the early cash-out option, they shall be paid the frozen dollar value upon separation of employment with the Town. The only way the frozen dollar amount can be lowered is if an employee has less accrued sick leave hours upon separation of employment than they do on July 1, 2011. For tax planning purposes, should an employee desire to take the early cash out option, they will be allowed to take this payment in either 2011 or in January 2012. For employees hired after July 1, 2001 in Mid-Management and Unrepresented positions may accrue unlimited sick leave with no option for "cashback" benefits. Page 6 of 8 Town Council Resolution No. XX-2023 DRAFT 01/18/2023 SECTION 7. HOLIDAYS The Town agrees to provide Mid-Management and Unrepresented employees the following holidays: New Year's Day January 1 Martin Luther King Day Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veterans Day December 26 (observed) Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Christmas Eve December 24 Christmas Day December 25 New Year's Eve December 31 When a holiday falls on a Saturday, the preceding Friday shall be observed. However, if a holiday falls on a Saturday and the preceding Friday is also a holiday, the Town Manager may designate the preceding Thursday or following Monday to observe the holiday. When a holiday falls on Sunday, the following Monday shall be observed. However, when a holiday falls on a Sunday and the following Monday is also a holiday, the Town Manager may designate the preceding Friday or following Tuesday to observe the holiday. SECTION 8. HOLIDAY CLOSURE All represented and non-represented employees will be required to take 1 day vacation or administrative leave as part of the holiday closure program. The Town will also contribute one day off as part of the program. Tiburon Town Hall will be closed from December 23, 2022 through January 3, 2023. Proposed Schedule: Friday, December 23, 2022 Christmas Eve Holiday observed Monday, December 26, 2022 Christmas Day Holiday observed Tuesday, December 27, 2022 Employee Contributes a day Wednesday, December 28, 2022 Veterans Day Holiday observed Wednesday, December 29, 2022 Town Contributes a day Friday, December 30, 2022 New Year’s Eve Holiday observed Monday, December 31, 2023 New Year’s Day Holiday observed SECTION 9. ADMINISTRATIVE LEAVE Page 7 of 8 Town Council Resolution No. XX-2023 DRAFT 01/18/2023 In recognition of the long hours required to perform at the Mid-Management and Unrepresented level, including attendance at numerous meetings outside normal working hours, the following Administrative Leave policy shall be implemented. Each exempt Mid-Management or Unrepresented employee may receive up to ten days administrative leave annually, to be awarded at the discretion of the Town Manager. Administrative Leave shall be taken in one hour increments. SECTION 10. DINNER ALLOWANCE All Mid-Management and Unrepresented employees who live more than10 miles from Town and who are required to attend night meetings or work after office hours beyond 7:00 P.M. may be reimbursed an amount not to exceed $25.00 for the purchase of dinner for that night. Employee reimbursement is subject to the approval of the Town Manager and must be accompanied by a restaurant receipt which shall include the amount, date, meeting or purpose, and the employee's name. SECTION 11. TUITION REIMBURSEMENT In order to promote continued development of skills, knowledge, and abilities among employees, the Town of Tiburon shall reimburse the costs of tuition, books and fees at the rate of the California State University system. Employees must receive prior approval of the Town Manager and submit certified transcripts with the evidence of a grade of "C" or better from an accredited college or university and submit bona fide receipts to qualify for tuition reimbursement. This provision has been suspended since FY 2011-12. SECTION 12. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE For employees covered by this Resolution and who were hired prior to July 1, 2009, the Town of Tiburon will make contributions toward a retired employee's medical insurance plan based upon the following conditions: a. Employee must retire directly from employment with the Town of Tiburon and apply to PERS for retirement benefits. b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. c. The Town's contribution rate is based on the following formula: Percent of Kaiser Years of Consecutive Single Rate Service to Town 50% 15 Years 75% 20 Years Page 8 of 8 Town Council Resolution No. XX-2023 DRAFT 01/18/2023 100% 25 Years Such coverage is not extended to employee's spouse or dependents. Employees hired after July 1, 2009, shall not be eligible for retiree medical allowance. SECTION 13. PERSONNEL RULES & REGULATIONS In the event any provisions of this Resolution contradict those included in the Town's Personnel Rules & Regulations, the terms of this Resolution shall prevail. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 18, 2023 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________ JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: ___________________________________ LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Accept the October 2022 Investment Summary Reviewed By: _________ Greg Chanis, Town Manager n/a ________ Benjamin Stock, Town Attorney SUMMARY Staff provides the Town Council a monthly report on the Town’s investment activity. This report is for the month ended October 31, 2022. RECOMMENDED ACTION(S) 1. Staff recommends that the Town Council move to accept the Investment Summary for October 2022 BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town’s investment activities for the monthly period ended October 31, 2022. All of the funds listed below are on deposit with the Local Agency Investment Fund (LAIF). ANALYSIS October 2022 Agency Investment Amount Interest Rate Maturity Local Agency Investment Fund (LAIF) – Beginning Balance as of 10/01/2022 $24,681,792.16 1.772% Liquid Deposits 0.00 Withdrawals (500,000.00) Interest Earnings (Posted Quarterly) 87,355.63 Total Ending Balance as of 10/31/2022 $24,269,147.79 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: CC-8 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 2 OF 2 The total invested at the end of the prior month was $24,681,792.16. A $500,000 transfer was made from LAIF to the General Fund Operating account to support operating cash flow. Interest earnings for the quarter ending September 2022 in the amount of $87,355.63 posted on October 14, 2022. In addition to the funds on deposit with LAIF, the Town invests funds in two Section 115 Irrevocable Trusts for Other Post-Employment Benefits and pension obligations. These trusts are administered by Public Agency Retirement Services (PARS). The PARS October 2022 Statement is attached to this report as Exhibit 1. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing – safety, liquidity and yield in this respective order. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Move to accept the Investment Summary for October 2022 Exhibit(s): 1. PARS Section 115 Trust Account Summary for October 2022 Prepared By: Suzanne Creekmore, Director of Administrative Services EXHIBIT 1 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Accept the November 2022 Investment Summary Reviewed By: _________ Greg Chanis, Town Manager n/a ________ Benjamin Stock, Town Attorney SUMMARY Staff provides the Town Council a monthly report on the Town’s investment activity. This report is for the month ended November 30, 2022. RECOMMENDED ACTION(S) 1. Staff recommends that the Town Council move to accept the Investment Summary for November 2022 BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town’s investment activities for the monthly period ended November 30, 2022. All of the funds listed below are on deposit with the Local Agency Investment Fund (LAIF). ANALYSIS November 2022 Agency Investment Amount Interest Rate Maturity Local Agency Investment Fund (LAIF) – Beginning Balance as of 11/01/2022 $24,269,147.79 2.007% Liquid Deposits 0.00 Withdrawals 0.00 Interest Earnings (Posted Quarterly) 0.00 Total Ending Balance as of 11/30/2022 $24,269,147.79 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: CC-9 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 2 OF 2 The total invested at the end of the prior month was $24,681,792.16. No transactions were processed during the reporting period. In addition to the funds on deposit with LAIF, the Town invests funds in two Section 115 Irrevocable Trusts for Other Post-Employment Benefits and pension obligations. These trusts are administered by Public Agency Retirement Services (PARS). The PARS November 2022 Statement is attached to this report as Exhibit 1. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing – safety, liquidity and yield in this respective order. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Move to accept the Investment Summary for November 2022 Exhibit(s): 1. PARS Section 115 Trust Account Summary for November 2022 Prepared By: Suzanne Creekmore, Director of Administrative Services EXHIBIT 1 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Appointments to the Marin-Sonoma Mosquito and Vector Control District Board of Trustees and the Diversity Inclusion Task Force Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council will consider appointments to two boards: a new appointment to the Diversity Inclusion Task Force and a reappointment to the Marin-Sonoma Mosquito and Vector Control District Board of Trustees. RECOMMENDED ACTION(S) 1. Consider reappointing Cathy Benediktsson to a 4-year term on the Marin-Sonoma Mosquito and Vector Control District Board of Trustees. 2. Consider making one appointment to the Diversity Inclusion Task Force. BACKGROUND Tonight the Town Council is considering appointments to two boards: a new appointment to the Diversity Inclusion Task Force and a reappointment to the Marin-Sonoma Mosquito and Vector Control District Board of Trustees. ANALYSIS Marin-Sonoma Mosquito and Vector Control District Board of Trustees Cathy Benediktsson’s term on the Marin-Sonoma Mosquito and Vector Control District Board of Trustees expired on December 31, 2022. Ms. Benediktsson seeks reappointment to another 4-year term. Staff advertised for the vacancy in accordance with regular appointments procedure and received no additional applications for the position. Diversity Inclusion Task Force TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2022 Agenda Item: AI-1 Town Council Meeting January 18, 2022 TOWN OF TIBURON PAGE 2 OF 2 The Diversity Inclusion Task Force has had one vacancy since September 30, 2022 when Leela Stake submitted her resignation from the task force. The vacancy was advertised according to regular appointments procedure, and staff received four (4) applications for the position. The Council has interviewed all four candidates: Nooshin Latour, Christine Patel, Stephen M. Golden, and Amannda Schneider. Their applications are attached as Exhibits 1-4, respectively. The person appointed to this seat will be appointed to the remainder of the existing term, set to expire on 2/28/23. The appointed individual will then be eligible for automatic reappointment by the Council for a full two-year term. Automatic reappointment means the Council does not have to interview additional applicants for the position prior to considering the incumbent. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. 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. Consider reappointing Cathy Benediktsson to a 4-year term on the Marin-Sonoma Mosquito and Vector Control District Board of Trustees; and 2. Consider making one appointment to the Diversity Inclusion Task Force. Exhibit(s): 1. Nooshin Latour Application Materials 2. Christine Patel Application Materials 3. Stephen M. Golden Application Materials 4. Amannda Schneider Application Materials Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 Page 1 of 2 Town of Tiburon Commission, Board, Committee Application Submit to: Town Clerk Lea Stefani 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org (415)435-7377 TOWN COUNCIL DIVERSITY INCLUSION TASK FORCE APPLICATION On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be made up of 10 individuals – five Town Councilmembers and five residents appointed by the Council. To apply for a seat on the Task Force, please submit this completed form to the Town Clerk with a resume. Thank you for your willingness to serve the Tiburon community. Diversity Inclusion Task Force Qualifications -Possess the experience, qualifications, and knowledge either in your professional career, volunteer work, or personal capacities to engage, organize, and provide recommendations to achieve diversity and inclusion goals and policies -Possess awareness about how the role of systemic racism produces inequities the task force will attempt to address -Have the time and schedule flexibility to attend monthly meetings -Have interest in working on policies regarding diversity and inclusion -Be a full-time resident of Tiburon or Belvedere (proof of residency required) Applicant Name Full Name: Date: Applicant Information Address: Street Apartment/Unit City State Zip Phone: Email: Nooshin Navidi Latour 11-16-22 Tiburon CA 94920 Page 2 of 2 By submittal of this application, I certify that the home address I have listed above is my primary full-time residence. Signature: Why would you like to serve on the task force? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Please see attached. Please see attached. Applicant name: Nooshin Navidi Latour (she/her) 1) Why would you like to serve on the task force? As a Californian born, half Korean and half Iranian growing up in Redondo Beach, I have always felt that culture, race and ethnicity have deeply shaped my life experience. The mixed state of my childhood home fueled my quest to understand my immediate diasporic environment, and later through academic and ‘real world’ pursuits to grasp and relate to cultures worldwide. We don’t have any relatives in the U.S., so my parents created a makeshift extended family comprised of close friends flowing in and out of the house. Since Los Angeles is a fishnet of myriad cultures and ethnic groups, I grew up around native beach locals as well as immigrants from Iran, Korea and other countries, many of whom became a part of our colorful family circle. As a full-time homeowner/resident of Tiburon since 2013, I was temporarily overseas for part of COVID, but closely followed the aftermath of the Yema shop incident during that period. I later heard about the Diversity Inclusion Task Force and felt that in some way I wanted to be involved with this group’s initiatives. I have been inspired by how the DI TF and Town Council quickly got into action mode – with DI being incorporated into the general plan, bringing cultural events, awareness and landmark dates such as Juneteenth right into the center of our town. I hope that both my personal and professional experiences around culture, race and ethnicity could provide an added lens and perspective to the DI TF as it continues to move forward tackling these pressing and evolving DEI related issues that affect our community. As a proud Reed elementary school mother of two girls (both native to Tiburon, born at Marin General), I hope that my active involvement in the DI TF will have a lasting, positive impact on Tiburon’s next generation. My daughters were delighted and jumped in the dancing at the vibrant Diwali celebration in October – I am also excited to help put on similar events such as my proposed Persian Nowruz festival this Spring 2023. 2) What are your applicable qualifications and experience? I head communications for two prominent entities at UCSF, which happen to also lead the way in unchartered areas in Diversity, Equity, Inclusion (DEI) in data science, research and health. I develop the communications strategy for the Vice Chancellor Office for Science Policy and Strategy (SPS) / UCSF Precision Medicine as well at the UCSF Bakar Computational Health Sciences Institute (BCHSI). The VC Office of Science Policy and Strategy / UCSF Precision Medicine, BCHSI as well as the Office of Research will be putting on the first-ever symposium this spring on **‘Algorithmic Justice.’ The symposium aims to feature guest speaker Alondra Nelson (Deputy Director, White House Office of Science and Technology Policy), one of the country's foremost thinkers in the fields of science, technology, social inequality, and race; the Chancellor of UCSF; academic/medical/research stakeholders; and of course, the community. The experience I glean from leading communications in such a crucial effort directly applies to this DI TF as it plans out other areas to investigate and shed light on in public forum/discussion around anti-racism, unconscious bias and inclusion (as well as continuing the conversation and education on these topics with the local Applicant name: Nooshin Navidi Latour (she/her) community). At the Bakar Institute, a slice of my role is to work with the Director of DEI to uplift messages and themes on diversity and inclusion (examples include the diversity themes each month such as Juneteenth, Native American Heritage Month / Transgender Day of Remembrance – both occurring in November) as well as marketing pertinent DEI initiatives that can support diverse researchers and equitable research – NIH Diversity Supplements, seminars for researchers on inclusive participant study recruitment, and DEI training on campus for faculty and staff. I am currently undergoing DEI training through the School of Medicine and once complete get a “DEI Champion Training” certification. I know that I will be a life learner on these matters, but would be honored to collaborate with such a dynamic Town Council and DI TF to further uplift our town’s progress in this area. **Public health and social science research have shown that certain data collection methods and analyses, constructed datasets, and analytical algorithms carry biases that perpetuate or exacerbate structuralized racism, gender inequities, inaccessibility, and other harms. Therefore, altering current practices and advancing toward precision medicine will require acknowledging and addressing these harms. EXHIBIT 2 Page 1 of 2 Town of Tiburon Commission, Board, Committee Application Submit to: Town Clerk Lea Stefani 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org (415)435-7377 TOWN COUNCIL DIVERSITY INCLUSION TASK FORCE APPLICATION On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be made up of 10 individuals – five Town Councilmembers and five residents appointed by the Council. To apply for a seat on the Task Force, please submit this completed form to the Town Clerk with a resume. Thank you for your willingness to serve the Tiburon community. Diversity Inclusion Task Force Qualifications -Possess the experience, qualifications, and knowledge either in your professional career, volunteer work, or personal capacities to engage, organize, and provide recommendations to achieve diversity and inclusion goals and policies -Possess awareness about how the role of systemic racism produces inequities the task force will attempt to address -Have the time and schedule flexibility to attend monthly meetings -Have interest in working on policies regarding diversity and inclusion -Be a full-time resident of Tiburon or Belvedere (proof of residency required) Applicant Name Full Name: Date: Applicant Information Address: Apartment/Unit City State Zip Phone: Email: 11/18/2022 Tiburon CA 94920 Page 2 of 2 By submittal of this application, I certify that the home address I have listed above is my primary full-time residence. Signature: Why would you like to serve on the task force? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. I am a two year resident of Tiburon, after moving from San Francisco. We really enjoy Tiburon so far, but one of my misconceptions of the town prior to moving was the lack of diversity and openness. After moving, my husband and I were proven that this was not true, and many were very welcoming to me and my multi racial family. My children are of mixed race (Taiwanese-my parents are immigrants from Taiwan, Indian and British-my husband’s parents were also immigrants) and we strongly believe as a family in Diversity, Equity and Inclusion, as our extended family members have crossed over multiple religions and gender identity. I would like to serve on the board to make Tiburon a wonderful, inclusive environment for all, no matter what ethnic background, religion, gender or social economic background. I would like to maintain an open dialogue so everyone can feel welcome or not misunderstood, including our own police force, first responders and community members. This is a great opportunity to move forward with policies or attributes to strengthen Tiburon. This is an important topic for me as this impacts not just my immediate family, but our neighbors, organizations and businesses in Tiburon and to continue to make Tiburon a desirable place to live for all of us, conduct business and visit. This year, I serve on the DEI committee at the Reed Union School District as one of the parent representatives and includes staff, teachers and students. I would like to better connect the schools and town’s initiatives, as some of these can be very similar (such as a community wide event). I have also been involved in the community as a former board member of the Belveron East Neighborhood Association and as a volunteer for the PTA at Bel Aire and Del Mar as room parent and as a new family chair. I was the head of the parent teacher association at my children’s prior school called Live Oak School and also served on their board of trustees. Diversity and inclusion were very central to the school. In that setting, we were able to develop inclusive events that did not require anyone to pay, and also celebrate our identities. For example, I hosted the first “All Around the World'' event for over 200 people which brought in activities and booths that celebrated particular ethnic identities and gender identity. In addition to that, we created policies for the school to make after school sports available to all, no matter what socio economic background to further inclusion. In addition, I volunteered for non profits internationally such as in microfinance in Uganda as a volunteer to help a local girls school and worked in India evaluating AIDS barriers to care. In sum, I believe I bring a very diverse perspective and will be open to listening and understanding all constituents. CHRISTINE PATEL , Tiburon California 94920 Experience Latitude Food Allergy, Business Advisor Redwood City, CA (2019-present) ● Built marketing capabilities and annual budget with focus on consumer and physician acquisition. ● Created a competitive landscape in food allergies nationwide and recommendations on expansion. ● Doubled site traffic within a year post redesign. Oversaw marketing launch of 3 new retail locations. Independent Consultant Tiburon, CA (2017-2019) ● Conducted product and competitive analysis for Chief Product Officer of Included Health (Grand Rounds). ● Acquired patients for a private practice in allergy, which resulted in full capacity of a new location in 6 months. Clif Bar, Manager,New Products Commercialization Emeryville, CA (2011-2013) ● Led new product teams from concept development and R&D through commercialization. ● Spearheaded new product forecasting improvements across all new products. Navigenics (acquired by Life Technologies), Product Manager Foster City, CA (2007-2009) ● First product manager, launched beta product and prioritized product roadmap. ● Launched marketing deliverables for employer, physician and consumer channels for user acquisition. ● Led market research in physician segmentation and launched social media channels. Mohr Davidow Ventures, Summer Associate Menlo Park, CA (Summer 2007) ● Identified opportunities in online health, interviewed over 40 thought leaders, presented findings to partnership. Genentech (acquired by Roche), Manager, Commercial Strategy South San Francisco, CA (2005-2007) ● Identified best practices across product launches and learnings with Avantis, Lucentis and Xolair brand teams. ● Received Genentech Recognition Award for leading 60 person team building workshop and offsite. Chiron (acquired by Novartis), Manager, Portfolio Management & Strategy Emeryville, CA (2004-2005) ● Prepared strategic presentations and long range planning of product portfolio for Chiron biopharma executive team. ● Assisted in valuation of biopharmaceuticals business for Novartis acquisition of Chiron. ePocrates (IPO, acquired by AthenaHealth), Manager, Strategic Alliances San Carlos, CA (2001-2002) ● Managed programs to create custom mobile marketing and physician education tools. ● Partnered with physicians and pharmaceutical clients on mobile app tools and clinical use. Education STANFORD GRADUATE SCHOOL OF BUSINESS,Stanford, CA (2002-2004) ● M.B.A., Public Management Program with focus on healthcare ● Healthcare Club Co-President; Chair, Healthcare Conference; Lead, Outdoor Adventure ● Created and launched inaugural healthcare innovation course (GSBGEN 551) BROWN UNIVERSITY,Providence, RI (1995-1999) ● B.A., Economics, B.A., International Relations Other ● 2005 Recipient of Women in Healthcare Executives Northern California Scholarship. ● Founding team member of nonprofit clinic, Pacific Free Clinic, now part of Stanford Medical School curriculum. ● Probono consultant, UCSF Catalyst, incubator for life sciences & digital health, presented to UCSF Vice Chancellor. ●Contributing writer for Stanford Medical School‘s Allergy department. Interviewed top allergists on latest therapies. ● Board Member, 2019-2020; PTA Head 2018-2020, Live Oak School. ● DEI Committee (present), Strategic Planning committee (2021-2022), Reed Union School District EXHIBIT 3 2006-2009 Neonatal Regional Program Instructor American Academy of Pediatrics/Am. Heart Association #129-0529 2004-2006 Certification, Institutional Review Board (IRB) Professional; Council for Certification of IRB Professionals of the Applied Research Ethics National Association 1997 Diplomate, American Board of Medical Management 1997 Certified Physician Executive; The Certifying Commission in Medical Management, American College of Physician Executives 1978 Diplomate, Sub-Board of Neonatal-Perinatal Medicine of the American Board of Pediatrics #422 1976 Diplomate, American Board of Pediatrics #18997 1971 Diplomate, National Board of Medical Examiner 2003 US Coast Guard 50 Ton Master License with sailing endorsement PROFESSIONAL MEMBERSHIPS: Fellow, American Academy of Pediatrics Member, Uniformed Services Section, American Academy of Pediatrics (AAP) Member, Perinatal Pediatrics Section, AAP Member, National Perinatal Association PROFESSIONAL Licenses: State of Florida #ME94860 State of California #G080922 State of Georgia #024678 (inactive) State of New Jersey, #43678 (inactive) State of Maryland, #D21277 (inactive) State of New York, #160757 (inactive) Washington, D.C., #11284 (inactive) Arizona #6890 (expired) Colorado #17213 (expired) Guam #408 (expired) CIVILIAN AND ACADEMIC AWARDS AND HONORS: 2016 Honorable Mention, Institute for Medicaid Innovation, Children’s Health section: “Post-Traumatic Stress and Parents of NICU Babies” with Indiana Amerigroup Health Plan 2004 “Best Dept. of Defense Clinical Research Poster Award” Society for Armed Forces Medical Laboratory Scientists (SAFMLS), Boston, MA 2004 “Outstanding Clinical Research Scientist,” SAFMLS, Boston, MA 2004 Chairman’s Leadership Award, Greater San Francisco Bay Area Combined Federal Campaign (CFC) 2003 Inductee, Norwalk High School (NHS) Wall of Honor, NHS Alumni Association, Norwalk, CT 2003 Research Excellence Award, Top Scientific Poster Category, DGMC 2003 Loaned Executive Award, Greater San Francisco Bay Area CFC 2002 Alumni Leadership Award, New York University School of Medicine 2002 Loaned Executive Award and Community Star Award for 2001 Greater San Francisco Bay Area CFC 2002 2002 CFC Heroes Award; national award from U.S. Office of Personnel Management, Washington, D.C. 2002 Finalist, Donahue Research Awards, Top Scientific Poster Category, David Grant USAF Medical Center 2002 Co-recipient, 2nd place, Howard Johnson Award, Uniformed Services Pediatric Seminar, San Diego, CA (co-author of paper) 1991 Co-recipient, Chairman's Award for Clinical Research, Armed Forces District, American College of Obstetrics and Gynecology, Phoenix, AZ (co-author of paper) 1984 Ogden Bruton Award for Basic Science Research in Pediatrics, Uniformed Services Pediatric Seminar, Reno, NV Past Professional Positions 2008-2020 Corporate Medical Director for Neonatal Utilization Management Anthem Corp., Indianapolis, IN 2006-2008 Regional Medical Director, ParadigmHealth, Upper Saddle River, NJ 1994-2008 United States Air Force –David Grant USAF Medical Center 1992-94 Chairman, Department of Pediatrics, Buffalo General Hospital, Buffalo, NY 1990-92 Director, Neonatology & Perinatal Development Assistant Chairman, Department of Pediatrics St Barnabas Medical Center, Livingston, NJ 1984-90 Director, Department of Neonatology, Overlook Hospital, Summit, NJ 1973-84 United States Navy 1980-84 Director, Perinatal Research, Uniformed Services University of the Health Sciences, Bethesda, MD 1891-84 Assistant Commandant of Students (Basic Science years) 1978-84 Co-founder & Associate-Director, Neonatal- Perinatal Medicine Fellowship Program, USUHS 1977-80 Head, Newborn Branch, National Naval Medical Center, Bethesda, MD 1973-75 Assistant Chief, Department of Pediatrics, Naval Regional Medical Center, Guam 1973-74 Attending Pediatrician, Naval Hospital, Guam PROFESSIONAL AND CIVIC ACTIVITIES: 2016-date Trustee, Educational Trust Fund, Sarasota Power and Sail Squadron 2013-date Member, The Royal Canadian Legion 2005-2006 Member, Executive Committee, Section on Uniformed Services, American Academy of Pediatrics 2003-04 Representative for Military Sector, Greater San Francisco Bay Area Combined Federal Campaign (CFC)Cabinet 2001-03 Loaned Executive, Military Sector Chair,CFC Cabinet member, Greater San Francisco Bay Area CFC 2000 Facilitator, CyberForum: Health Insurance Portability and Accountability Act 0f 1996 (HIPAA); American College of Physician Executives, February, 2000 1998 Program Coordinator, 32 nd Annual Uniformed Services Pediatric Seminar, March, ’98, San Francisco, CA 1990-1992 Co-founder/1st Vice President NJ Maternal & Child Health Advocacy Coalition 1990-1992 Vice-President, NJ Chapter, AAP 1989-1992 Co-Chairman, Committee on Maternal and Child Care, Medical Society of NJ 1989-1992 Member, Board of Trustees, Perinatal Assoc. of New Jersey 1988-1992 National Faculty for Pediatric Advanced Life Support; New Jersey Affiliate, American Heart Association & AAP 1988-1990 President, Perinatal Association of New Jersey 1988-1992 Member, Catastrophic Illness in Children Relief Fund Commission Appointed by New Jersey Governor T. Kane & Senate of NJ 1986-1990 Member, Public Affairs Task Force New Jersey March of Dimes 1986 Member, Task Force on Nursery Physical Plant Standards, NJ Department of Health 1985-1992 Affiliate Faculty for Advanced Life Support American Heart Association 1985-1988 Member, Board of Directors Perinatal Assoc. of New Jersey 1985-1987 Chairman, Legislative Committee, AAP, NJ Chapter 1984-1992 Member, Board of Directors, YMCA, Summit, NJ 1983-1984 Chairman, Research Committee, Uniformed Services Chapter East American Academy of Pediatrics 1982-1983 Vice President, Faculty Senate, USUHS 1982-1984 Member, Joint Perinatal Task Force, Washington, DC 1982-1986 Chairman, Perinatal Technical Advisory Panel; Metropolitan Washington Area Council of Health Planning Agencies 1980-1984 Montgomery County Representative Perinatal Technical Advisory Panel; Metropolitan Washington Area Council of Health Planning Agencies Maryland, Virginia & District of Columbia, Washington, DC 1980-1984 Member, Fetus and Newborn Committee Maryland Chapter, American Academy of Pediatrics 1980-1984 Coordinator, Neonatal Module for Junior Students, USUHS 1980-1984 Member, Faculty Senate, USUHS 1980 Member, Advisory Council, Neonatal Program for Registered Nurses, Georgetown University 1978-1984 Clinical Care Consultant; Clinical Center, National Institutes of Health, Bethesda, MD GRANT SUPPORT: 1. National Science Foundation Undergraduate Research Grant; Biological Research: Avian Parasitic Disease, July-August 1964, Boston University 2. Co-recipient, Robert Wood Johnson Grant: Program to Improve Infant Care in NJ. 3. March of Dimes Grant #CPE114, $20,000, 1987 for the establishment of state-wide perinatal educational program. 4. Renewal, March of Dimes grant #CPE-114, $20,000, 1988. 5. Surgeon General, US Air Force: Protocol #FDG20000050E, “Efficacy of Polymerase Chain Reaction (PCR) in Detecting Neonatal Bacteremia” $7322. Jan, 2001 6. Surgeon General, US Air Force: Protocol #FDG20000051E, “Efficacy of Polymerase Chain Reaction in Detecting Chorioamnionitis”, $7322, Jan. 2001; co-recipient; Maj David Stamilio, Principal Investigator 7. Surgeon General, US Air Force: Protocol #FDG200413, “Direct Detection of Bacterial DNA by Automated Nucleic Acid Isolation and Real-time Polymerase Chain Reaction”, $52,600. 8. Surgeon General, US Air Force: Protocol #FDG20010037E, “Serum Amyloid A Concentrations in Neonatal Infection”, $33,688. PUBLICATIONS: 1. Golden, S.M., Merenstein, G.B., Todd, W.A., Hill, J.M.: Disseminated herpes simplex neonatorum: A complication of fetal monitoring. Am. J. Obstet. Gynecol. 129, 917-918 (1977) 2. Golden, S.M., Duster, M.C.: Hazards of misdiagnosis due to Vietnamese folk medicine. Clin Pediatr (Phila) 16,949-950 (1977) 3. Heroman, W., Golden, S.M., Yudt, W.: Nasopharyngeal teratoma in the newborn, Ear Nose Throat J. 59, 203-207 (1980) 4. Golden, S.M., Perman, K.: Bilateral clinical anophthalmia: Report of a case and review of drugs as potential factors. South. Med. J. 73, 1404-1407(1980) 5. Golden, S.M., O'Brien, W.F., Lissner, C., Cefalo, R.C., Monaghan, W.P., Schumacher, H., Stass, S.: Hematologic and bacteriologic assessment of autologous cord blood for neonatal transfusions. J. Pediatr. 97,810-812 (1980) 6. Golden, S.M.: Skin Craters - A complication of transcutaneous oxygen monitoring. Pediatrics, 67,514-516 (1981) 7. Otero, L. Conlon, C., Reynolds, P., Duval-Arnould, B., Golden, S.M.: Neonatal leukocytosis associated with prenatal administration of dexamethasone. Pediatrics, 68:778, 1981 8. Cassorla, F.G., Golden, S.M., Johnsonbaugh, R.E., Heroman, W.M., Loriaux, D.L., and Sherins, R.J.: Testicular volume in early infancy. J. Pediatr. 99:742-743(1981) 9. O'Brian, W.F., Cefalo, R.C., Gressom, M.P., Vierras, F., Golden, S.M., Uddin, D.M., and Davis, S.E.: The influence of asphyxia on fetal lidocaine toxicity. Am. J. Obstet. Gynecol. 142, 205-208 (1982) 10. Golden, S.M., Metz, S.A., and O'Brien, W.F.: Anti-coagulation of Autologous Cord Blood for Neonatal Resuscitation. Am. J. Obstet. Gynecol. 144:103-104 (1982) 11. Golden, S.M., Monaghan, W.P., and Steenbarger, J.: Osmolality and Oncotic Pressure of Volume Expanding Fluids for Neonatal Administration. Crit. Care Med. 12,863-864(1982) 12. Golden, S.M.: Neonatal Exchange Transfusion: Indications and Complications. Proceedings: Society of Armed Forces Medical Laboratory Scientists 12:4,1983. 13. Golden, S.M., Nalle, L., Heroman, W.M., and Alden, E.R. Effect of Resuscitative Fluids Upon Physical Properties of Blood Perfusing the Brain. Am. J. Perinatol. 1, 70-75 (1983) 14. Hemming, V.G., O'Brien, W.F., Fischer, G.W., Golden, S.M., and Noble, S.F.: Studies of Short-term Pulmonary and Peripheral Vascular Responses Induced in Oophorectomized Sheep by the Infusion of a Group B Streptococcal Extract. Pediatr. Res, 18, 266-269 (1984) 16. Andrich, M.P., and Golden, S.M.: Umbilical Cord Care: A Study of Bacitracin Ointment vs Triple Dye. Clin Pediatr Phil) 23: 342-344 1984 16. O'Brien, W.F., Davis, S.E., Grissom, M.P., Eng, R.R., Golden, S.M.: Effect of Cephalic Pressure on Fetal Cerebral Blood Flow. Am.J.Perinatol 1, 223-226 (1984) 17. Golden, S.M., Petit, N., Mapes, T., Davis, S.E., Monaghan, W.P.: Bacteriologic Assessment of Autologous Cord Blood for Neonatal Transfusion. Am. J. Obstet. Gynecol. 149,907-908 (1984) 18. Longfield, J.N., Margileth, Andrew, Golden, S.M., Lazoritz, S., Bohan, J.S., Cruess, D.: Interobserver and Method Variability in Tuberculin Skin Testing. Pediatric Infectious Diseases 3, 323-326 (1984) 19. Golden, S.M., O'Brien, W.F., Heroman, W.M., Nalle, D. and Cefalo, R.: Effect of Maternal Intravenous Infusions Upon Fetal Extracellular Fluid Composition in Pregnant Ewes. Am J of Perinatology, 2, 189-193 (1985) 20. O'Brien, W.F., Golden, S.M., Davis, S.E., and Bibro, M.C.: Endotoxemia in the Neonatal Lamb. Am J Obstet. Gynecol 151, 671-674 (1985) 21. O'Brien, W.F., Golden, S.M., Bibro, M.C., Charkobardi, P.K., Davis, S.E., Hemming, V.G.: Short-term responses in neonatal lambs after infusion of group B streptococcal extract. Obstet Gynecol 65, 802-806 (1985) 22. Golden, S.M.: Letter on Listeria Monocytogenes. International Correspondence Society of Obstetricians/Gynecologists. 25:13, p. 102, 1984. 23. Weisman, L.E., Golden, S.M., and Omert, L: A new Disposable Neonatal Breathing Circuit System with Manometer. Contemporary Pediatrics, pp 85-88, 1985 24. Margileth, A., Longfield, J., Golden, S.M., et al: Tuberculin Skin Tests: Atypical Mycobacterial PPD-Battey Skin Test Conversion Following Airborne Training. Military Medicine, 151, 636-638 (1986) 25. Golden, S.M.: Neonatal Resuscitation, in Perinatal Emergencies Program, Southern New Jersey Perinatal Cooperative, 1986 26. Pettett, G., Alden, E., Golden, S.M., Tuggle, J., and O'Neill, T.: Regional Myocardial Blood Flow During Hemorrhagic Hypotension on the Newborn Lamb. Physiologist: 29(4), 147, 1986 27. Olson T.A., Fischer G.W., Hemming V.G., O’Brien W.F., Golden SM, and Maybee D.A.: A Group B Streptococcal Extract Reduces Neutrophil Counts and Induces Neutrophil Aggregation. Pediatr. Res 21:326-330 (1987) 28. Weisman, L.E., Fischer, G.W., Pierce, J.R., Hemming, V.G., Marinelli, P., Hunter, K.W., and Golden, S.M.: Intravenous Immunoglobulin Therapy in the Neonate: A Study of Pharmokinetics and Safety. Vox Sanquinis, 57,243-248(1989) 29. Golden, S.M.: Vitamins to Prevent Neural-Tube Defects N. Engl. J. Med. 328, 1642 (1993) 30. O'Neill, J.T., Golden, S.M., Franklin, G.A., Alden, E.A.: Cerebrovascular Response to Hemorrhagic Hypotension in Newborn Lambs: The Influence of Developing Anemia. Proceedings of Society for Experimental Biology and Medicine, 205(2), 132-139 (1994) 31. Golden, S.M., Stamilio, D.M., Faux, B.M., dela Cruz, W.P., Shoemaker, C.T., Blackmon, C.L., Stassen, S.D., Clark, V.M., Smith, J.W. and Johnson, O.L.: Evaluation of a real-time fluorescent assay for rapid detection of Group B streptococci in neonatal blood. Diagnostic Microbiology and Infectious Disease. Diagnostic Microbiology and Infectious Disease 50:7-13, 2004 32. Straka, M., dela Cruz, W., Blackmon, C., Johnson, O., Stassen, S., Streitman, D., Golden, S., and Stamilio, D.: Rapid Detection of Group B Streptococcus and Escherichia coli in Amniotic Fluid Using Real- time Fluorescent PCR. J. Infectious Diseases in Obstetrics and Gynecology, 2004;12:109-113 33. Golden, S.M., Hauge, I., Elwood, R., Young, S., and Thornton, J: Serum Amyloid A (SAA) Values in Full-Term Infant Umbilical Cord Serum Using a Solid Phase Indirect Elisa. LABmedicine, 36:357-360, 2005. Published Books, Chapters or Articles 1. Golden, S.M.: The newborn baby: The first two weeks, Wifeline (Navy Internal Relations Activity) pp. 10-22, 1982 2. Golden, S.M., and Peters, D.: Delivery Room Care in Handbook of Neonatal Intensive Care. Merenstein, G.B., Gardner, S. (Eds), CV Mosby Co., 1985 3. Golden, S.M., and Peters, D.: Delivery Room Care in Handbook of Neonatal Intensive Care. Merenstein, G.B., Gardner, S., (Eds), 2nd Edition, CV Mosby Co., 1989 4. Golden, S.M., and Peters, D.: Delivery Room Care in Handbook of Neonatal Intensive Care. Merenstein, G.B., Gardner, S., (Eds), 3rd Edition, CV Mosby Co. 1993 5. Golden, S.M.: Resuscitation of the Neonate in Conn’s Current Therapy. Rakel, R.E., and Bope, E.T. (Eds), 56th Ed, W.B. Saunders Co 2004 Published Abstracts: 1. Golden, S., Todd, W., and Merenstein, G.: Control of a kanamycin resistant K pneumonia outbreak in an intensive care nursery (Abst), Clin Res 25 (2):183A, 1977 2. Weisman, L., Golden, S., and Merenstein, G.: Incidence of necrotizing enterocolitis and patent ductus arteriosus in neonates (Abst), Clin Res (25):192A, 1977 3. Golden, S.M., Lissner, C.R., O'Brien, W.F., Monaghan, W. P., Schumacher, H.R., Stass, S.A., Cefalo, R.C.: Evaluation of autologous cord blood for transfusion (Abst) Pediatr Res 14 (2) 1037, 1980 4. Cassoria, F.G., Golden, S.M., Heroman, W.M., Johnsonaugh, R.E., Loriaux, D.L., Sherins, R.J., Longitudinal Study of testicular volume during early infancy (Abst), Pediatr Res 15 (4): 504, 1981 5. Golden, S.M., O'Brien, W. F., Heroman, W.M., Maternal and fetal osmotic and oncotic pressures following maternal intravenous infusion (Abst), Pediatr Res 15(4):661,1981 6. Golden, S.M., Steenbarger, J., Monaghan, W.P.: Osmolality, oncotic pressure and fluid administration in the newborn (Abst) Pediatr Res 15 (4): 661, 1981 7. Golden, S.M., Wilson, S.R., Hunter, K.W., Fischer, G.W.: Kinetic and metabolic studies of an intravenously administered immunoglobulin in a neonatal lamb model (Abst), Pediatr Res 15 (4): 661, 1981 8. Metz, S.A., Golden, S.M., O'Brien, W.F.: Anti-coagulation of autologous cord blood for neonatal resuscitation (Abst) Bulletin of Armed Forces District, Am. College of Ob and Gyn, 1981 9. Nalle, L.D., Golden, S.M., Heroman, W.M. and Alden, E.R.: Effect of various resuscitative fluids on blood perfusing the brain (Abst), Pediatr Res 16(4):301A, 1982 10. Hemming, V.G., O'Brien, W.F., Fischer, G.W., Golden, S.M., and Novle, S.M.: Vascular Responses of Adult Sheep to Extracts of Group B Streptococci 22nd ICAAC, page 111 (Abst) #2259, 1992 11. Weisman, L.E., Fischer, G.W., Pierce, J.R., Hemming, V.G., Marinelli.: A Study of Pharmacokinetics and Safety. (Abst) Pediatr Res 7:341A, 1983 12. Margileth, A.M., Lazoritz, S., Golden, S.M., Bohan, J.S., Longfield, J. and Cruess, D.: Interobserver and Method Variability in Tuberculin Skin Testing. (Abst), Pediatr Res 19:179A, 1983 13. O'Brien, W.F., Golden, S.M., Hemming, V.G., and Davis, S.E.: Experimental Endotoxemia in the Neonatal Lamb. 23rd ICAAC, P. 191 (Abst) #591, 1983 14. O'Brien, W.F., Golden, S.M., Hemming, V.G., and Davis, S.E.: Cell-Free Group B Streptococcal Extracts Cause on Endotoxin-Like Reaction in Neonatal Lambs. 23rd ICAAC, (Abst) p. 191 15. Hess, L.W., Holmberg, J.R., Monaghan, W.P., Haddock, J., O'Brien, W.F., Hemming, V.G., Golden, S.M.: Plasma Fibronectin Levels in Normal Pregnancy; (Abst), Pediatr Res 18 (4): 966, 1984 16. O'Neill, J.T., Golden, S.M., Alden, E.R.: Regional Distribution of Blood Flow with Hypovolemic Hypotension in the Neonatal Lamb, (Abst), Pediatr Res 18(4):1360,1984 17. O'Neill, T., Golden, S.M., Alden, E.: Blood Flow to the Hypothalamus in Response to Hypovolemic Hypotension in the Newborn Lamb. Society for Neuroscience,(Abst.) 10:167, 1984 18. McElveen, C., James, Lucia, Thornton, J.A., Pelszynski, M., Golden, S.: Comparison of Automated vs Manual White Blood Cell Differential Counts in Newborns. Uniformed Services Pediatric Seminar (Abst.), San Diego, Ca. 2002 19. Faux, B., Golden, S., Smith J., Johnson, O., Stamillio, D., McGill R.: Rapid Detection of Streptococcus agalactiae by Thermocycler Polymerase Chain Reaction. Uniformed Services Pediatric Seminar (Abst.), San Diego, CA 2002 20. Golden, S., Hauge, I., Richardson, J., Stassen, S., Gildengorin, G., Niemotka, M., and Pabros, R.: Diagnostic Ranges for Serum Amyloid A in a Pediatric Clinic Population. 2006 Pediatric Academic Societies’ Meeting, San Francisco, in press PRESENTATIONS: 1. "L-Carnitine Treatment of Lipid Afuelia Myopathies", Engel, W.K., Askanes, L.D., Prokop, L.A., Golden, S.M., Sunder, T., and Shug, A., VII International Symposium on drugs affecting lipid metabolism, Milan, Italy, 1980 2. "Osmolality, Oncotic Pressure and Volume Expansion in the Newborn". Annual Meeting, American Academy of Pediatrics, New Orleans, LA, 1981 3. "The Fetal Circulatory Response to Intravenous Maternal Infusions in Pregnant Ewes", Uniformed Services Pediatric Seminar, Bethesda, MD, 1982. 4. "Effect of Resuscitative Fluids Upon Blood Perfusing the Brain", Nalle, L., Golden, S.M., Heroman, W.M., Forsh, S.M., Fischer, G.W., Uniformed Services Pediatric Seminar, Bethesda, MD, 1982 5. "Studies of Group B Streptococcal Extracts in Oophorectomized Sheep", Hemming, V.G., Golden, S.M., O'Brien, W.F., Forsh, S.M., Fischer, G.W., Uniformed Services Pediatric Seminar, Bethesda, MD, 1982 6. "Bacitracin Ointment vs. Triple Dye Umbilical Cord Care: A Four Year Review", Andrich, M.P., and Golden, S.M., Uniformed Services Pediatric Seminar, San Francisco, CA, 1983 7. "Experimental Endotoxemia in the Neonatal Lamb", O'Brien, W.F., Golden, S.M., Hemming, V.G., and Davis, S.E., 23rd Interscience Conference on Antimicrobial Agents and Chemotherapy (ICAAC), Las Vegas, NV, 1983 8. "Cell-Free Group B Streptococcal Extract Cause on Endotoxin-like Reaction in Neonatal Lambs. Twenty-third ICCAC, Las Vegas, NV, 1983 9. "The Effect of Hypovolemic Hypotension on Cerebral blood Flow in the Newly Born Lamb". Alden, E.R., Golden, S.M., Franklin, G., O'Neill, T. Military Perinatal Research Conference, Aspen, CO., 1984 10. "Neonatal Intraventricular Hemorrhage", National Perinatal Associati9on Annual Meeting, Orlando, FL. 1985 11. "Intraventricular Hemorrhage: An Update. Univ. of South Florida, Tampa General Hospital, Tampa, FL. 1986 12. "Regional Myocardial Blood Flow During Hemorrhagic Hypotension on the Newborn Lamb": Pettett, G., Alden, E., Golden, S.M., et al: 11th Annual Washington, DC, Neonatal Retreat, Irvington, VA, 1986 13. "The New Jersey System of Financing Perinatal Care: The Physicians: Perspective". Perinatal Association of NJ Annual Meeting, Jamesburg, NJ, 1986 14. Medical aspects of Fetal Alcohol Syndrome, Senate Law, Public Safety and Defense Committee, State of New Jersey, 1987. 15. "Regional Myocardial blood flow during Hemorrhagic Hypotension on the Newborn Lamb": Pettett, G., Alden, E., Golden, S.M., et al: Uniformed Services Pediatric Seminar, Orlando, FL., 1987 16. "Meconium Aspiration Syndrome", Bellevue Maternity Hospital, Schenectady, NY, 1988 17. Round Table on Neonatology, Annual Meeting, NJ Chapter, American Academy of Pediatrics, 1988 18. Symposium on Medical Malpractice, Hudson County Perinatal Association, 1991. 19. "The Sick Newborn", D'Youville College, Buffalo, NY, 1993. Physician Assistant Program 20. “Neonatal Perinatal Medicine: Medical-Legal Issues”, Military Law Symposium, Travis AFB, CA 1997 21. “Chief of the Medical Staff”, Military Law Symposium, Travis AFB CA, 1998 21. “Officer Advancement”, Leadership Symposium, Travis AFB, CA, 1999 22. “Rapid Detection of Streptococcus agalactiae by Thermocycler Polymerase Chain Reaction”, Uniformed Services Pediatric Seminar, San Diego, CA March, 2002 Faux, B., Golden, S., Smith J., Johnson, O., Stamillio, D., McGill R. Paper received 2nd place in Howard Johnson Award competition at 2002 Uniformed Services Pediatric Seminar 21. Michele Straka, Oswald Johnson, Wifred dela Cruz, Sarah Stassen, David Streitman, Stephen Golden, David Stamilio. Rapid Detection of Group B Streptococcus and Escherichia Coli In Amniotic Fluid Using Real-Time Fluorescent PCR. Annual scientific meeting and symposium of the Infectious Diseases Society for Obstetrics and Gynecology, Hyannis, MA 2003 POSTER SESSIONS: 1. "Effect of Resuscitative Fluids Upon Blood Perfusing the Brain", Nalle, L., Golden, S.M., Heroman, W.M., and Alden, E.R., Poster Session, Society for Pediatr Res. Washington, D.C., 1982 2. "Neonatal Volume Expansion: Is the Solution the Problem?" Golden, S.M., Nalle, L., Heroman, M., and Alden, E., Annual Meeting, American Academy Pediatrics, New York, NY, 1982 3. "Pulmonary Effects of Group B Streptococcal Extracts in the Ewe", O'Brien, W.F., Hemming, V.G., and Golden, S.M., Society for Gynecologic Investigation, Washington, D.C., 1983 4. "Maternal Fetal Response to Rapid Maternal Intravenous Infusion", O'Brien, W.F., Golden, S.M., and Cefalo, R.C., Society of Gynecologic Investigation, Washington, D.C., 1983 5. "Interobserver and Method Variability in Tuberculin Skin Testing", Margileth, A.M., Lazoritz, S., Golden, S.M., Bohan, J.S., Longfield, J., and Cruess, D. American Pediatric Society, Washington, D.C., 1983 6. "Cell-free Group B Streptococcal (6BS) Extract: Endotoxin-Like Reaction in Neonatal Lambs". O'Brien, W.F., Golden, S.M., Hemming, V.G., and Davis, S.E., AAP Annual Meeting, Chicago, IL, 1984 7. "Regional Redistribution of Visceral blood flow in Hypovolemic Shock in the Newborn Lamb". Golden, S.M., O'Neil, J.T., and Alden, E.R. AAP Annual Meeting, San Antonio, Texas, 1984 8. “Detection of Escherichia coli and Streptococcus agalactiae (Group B Streptococcus) in Neonatal Bacteremia Using Rapid-Fluorescent Identification” , Lane, J.D., Jaffe, R.I., Wiggins, L.B., Blackmon, G.L., Johnson, O.L., Golden, S.M., and Smith, J.W. Society for Armed Forces Medical Laboratory Scientists, Houston, TX 2001 9. “Streptococcus agalactiae: rapid detection from amniotic fluid using fluorescent monitoring PCR.” Oswald L. Johnson, David Stamillio, Michelle Straka, velvet M. Clark, Camille L. Blackmon, Stephen M. Golden, and James W. Smith. Society for Armed Forces Medical Laboratory Scientists Symposium, Spokane, WA, 2002 10. “Rapid Detection of Streptococcus agalactiae in neonatal sepsis by real- time fluorescent polymerase chain reaction.” Oswald L. Johnson, Robert McGill, Velvet D. Clark, Camille L. Blackmon, Stephen M. Golden, Brian Faux, David Stamillio and James W. Smith. Society for Armed Forces Medical Laboratory Scientists Symposium, Spokane, WA, 2002 11. “Streptococcus agalactiae Neonatal Sepsis: Comparison of Two Real-Time Fluorescent PCR Assays for Rapid Detection of GBS from Neonatal Cord Blood Samples.” Oswald L. Johnson, Camille L. Blackmon, Sara D. Stassen, Velvet M. Clark, Wilfred P. Dela Cruz, James W. Smith, Stephen M. Golden, Brian Faux, and David Stamilio. Association for the Advancement of Science, 84th Annual Meeting of the Pacific Division, AAAS; San Francisco, CA, 2003 12. “Validation of a Taqman primer-probe set for rapid real-time PCR detection of Pseudomonas aeruginosa from blood culture.” Oswald L. Johnson, Wilfred P. Dela Cruz, Camille L. Blackmon, Sarah D. Stassen, Velvet M. Clark, Richard Jaffe and Stephen M. Golden. Society for Armed Forces Medical Laboratory Scientists, Reno, NV, 2003 13. “Serum Amyloid A (SAA) Concentration in Pregnant Women.” Stephen M. Golden, Michele Straka, Ileana Hauge, and Steve Young. Society for Armed Forces Medical Laboratory Scientists, Boston, MA 2004 14. “Serum Amyloid A (SAA) Normative Values in Umbilical Cord Blood.” Stephen M. Golden, Ileana Hauge, Robert Elwood, Steve Young. Society for Armed Forces Medical Laboratory Scientists, Boston, MA 2004 15. “Evaluation of Real-time Fluorescent PCR Assay for Rapid Detection of Group B Streptococci.” Golden, S.M., Faux, B.M., Smith, J.W., Johnson, O.L., dela Cruz, W.P., Shoemaker, C., Stamilio, D.M., Clark, V.M., and Blackmon, C.L. Pediatric Academic Societies, San Francisco, CA 2004 16. “Serum Amyloid A (SAA) in Term Umbilical Cord Serum Using Two Layer Monoclonal Antibody ELISA Immunoassay.” Stephen M. Golden, Robert L. Elwood, Jennifer Thornton, Steve K. Young, and Ileana Hauge. National Perinatal Association Annual Conference, La Jolla, CA 2004 17. “Automation of Serum Amyloid Analysis with Computer Programmed Robotics.” I. Hauge, S.M. Golden, M.N. Daughtry, S.D. Stassen, and S.K. Young. Society for Armed Forces Medical Laboratory Scientists, Jacksonville, FL, March, 2005 18. “Direct Detection of Multiple Bacterial DNA by Automated Nucleic Acid and Multiplex Real-time Polymerase Chain Reaction.” Matthew Goldman MD, Stephen M Golden, MD, Joann Y Richardson, MD, Sarah Stassen, Mary M Gozum, and Wilfred dela Cruz, PhD. Pediatric Academic Societies, Washington, D.C. (accepted, May, 2005) 19. “Serum Amyloid A (SAA) Values in Laboring and Non-laboring Pregnant Patients.” Michele Straka DO, Steve K. Young, Ileana Hauge, and Steven M. Golden MD. Annual Clinical Meeting, American College of Obstetricians and Gynecologists, San Francisco, CA, May, 2005 20. “Gender Based Preliminary Pediatric Studies for Serum Amyloid A (SAA) and C-Reactive Protein (CRP)” Maj Ileana Hauge, USAF, BSC1, Col Stephen M. Golden, USAF, MC, FS , Lt Col Joann Y. Richardson, USAF, MC, Mayce Niemotka MT-CLS, Rodrigo Pabros, MT-CLS, Ginny L. Gildengorin, PhD3, and SSgt Sarah Stassen, USAF. Society for Armed Forces Medical Laboratory Scientists, Reno, NV, Mar 2006 in press 21. “Ranges for Serum Amyloid A in a Pediatric Clinic Population.” Col Stephen M. Golden, USAF, MC, Maj Ileana Hauge, USAF, BSC, USAF, Lt Col Joann Y. Richardson, USAF, MC, Mayce Niemotka MT-CLS, Rodrigo Pabros, MT- CLS, Ginny L. Gildengorin, PhD3, and SSgt Sarah Stassen, USAF. Pediatric Academic Societies Annual Meeting, San Francisco, March, 2006 22. “Gender Based Preliminary Pediatric Studies for Serum Amyloid A (SAA) and C-Reactive Protein (CRP).” Maj Ileana Hauge, USAF, BSC; Col Stephen M. Golden, USAF, MC, FS, LtCol Joann Y Richardson, USAF, MC, Mayce Niemotka, MT-CLS, Rodrigo Pabros, MT-CLS, Ginny L Gildengorin, PhD and SSgt Sarah Stassen, USAF. 46th Annual Meeting of the Society of Toxicology, Charlotte, NC, March 2007 MILITARY APPOINTMENTS, ASSIGNMENTS and AWARDS Date and Source of Commission:20 Oct. ‘71 USNR Entry Active Service Date: 8 Aug. ‘73 Chronological List of Appointments: Lt(jg), USNR Dec. ‘67 Lt.USNR July ‘69 LCDR USNR Jan. ‘74 CDR USNR Jan. ‘79 LTC USAR Nov. ‘84 COL USAR Aug. ‘85 Col USAF Nov. ‘95 MILITARY SCHOOLS ATTENDED:YEAR COMPLETED Chemical Casualty Care Course 1981 Airborne Service Course 1981 Combat Casualty Care Course 1982 & 1983 AMEDD Officer Advanced Course 1986 AMEDD Staff Development Course 1988 Army Flight Surgeon Primary Course 1991 Command and General Staff College (Army) 1992 Hyperbaric Medicine (short course)1994 USAF Air War College 1996 Aerospace Medicine Primary Course (USAF) 1996 CHRONOLOGICAL RECORD OF DUTY ASSIGNMENTS:FROM TO USNR (Not on active duty)Oct 71 - Aug 73 ACTIVE DUTY: USNR--Naval Hospital, Guam Staff Pediatrician Aug 73 - Aug 75 USN --Fitzsimons Army Medical Center Fellowship, Neonatology Aug 75 - Aug 77USN-- National Naval Medical Center Bethesda, MD (Head, Newborn Branch)Aug 77 - July 80 USN-- Uniformed Services University of the Health Sciences (Ass’t Commandant of Students, Director, Perinatal Research)July 80 - June 84 USNR-- (Not on active duty)June 84 - Nov 84 USAF--60th Medical Group (AMC)Nov. 94 – Oct 06 David Grant Medical Center, Travis AFB, CA Duties at DGMC: 2006 Founder and Medical Director for Patient Safety and Medical Simulation Center (DGMC) 2002-06 Associate Chief of the Medical Staff 1999-06 Executive Director, Travis Fisher House 1996-06 Attending physician, Neonatal Intensive Care Unit 1999-03 Director, Newborn Services 1994-95 Co-Director, Newborn Services 1999 Squadron Commander (acting), Medical Operations Squadron 1997-99 Chief of the Medical Staff/Deputy Medical Operations Squadron Commander 1994-97 Director, Newborn Services RESERVES USAR--(Not on active duty) First Army Augmentation Division 331st General Hospital, Utica, NY Nov 84- Jan 87 NJARNG--New Jersey Army National Guard Division Surgeon, 50th Armored Division MOS: 60A00, 61N Jan 87- May 93 Member: NJARNG Nuclear Surety Board Formulary Committee Quality Assurance Committee USAR--Control Group May 93- Aug 93 USAR--I.M.A. (Individual Mobilization Augmentee); Chief, Aeromedical Standards Board Aug 93- Nov 94 Military DECORATIONS, BADGES, AWARDS Air Force commendation Medal (2) Air Force Longevity Service Award with 4 OLC Air Force Outstanding Unit Award with 7 OLC Air Force Training Ribbon Armed Forces Reserve Medal Army Flight Surgeon Wings Army Reserve Component Achievement Medal Army Service Ribbon Defense Meritorious Service Medal, U.S.N. Expert Field Medical Badge, U.S. Army Friendship Through Aid Society, Honorary Lifetime Member, U.S. Pacific Fleet Global War on Terrorism Service Medal Humanitarian Service Medal, U.S. Navy (2 Oak Leaf Clusters) Leadership Development Award, National Jewish Welfare Board Biennial Convention, New Orleans, LA Letter of Appreciation, Naval Regional Medical Center, Guam Letter of Appreciation; Naval Hospital, Oakland, CA Letter of Commendation, National Naval Medical Center, Bethesda, MD Medical Corps Occupational Badge (US Army and USAF) Meritorious Service Medal, U.S. Army Navy and Marine Corps Parachute Wings Navy Expert Pistol Medal Navy Marine Corps Overseas Service Medal National Defense Service Medal with 1 BSS Parachute Badge, U.S. Army EXHIBIT 4 Page 1 of 2 Town of Tiburon Commission, Board, Committee Application Submit to: Town Clerk Lea Stefani 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org (415)435-7377 TOWN COUNCIL DIVERSITY INCLUSION TASK FORCE APPLICATION On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be made up of 10 individuals – five Town Councilmembers and five residents appointed by the Council. To apply for a seat on the Task Force, please submit this completed form to the Town Clerk with a resume. Thank you for your willingness to serve the Tiburon community. Diversity Inclusion Task Force Qualifications -Possess the experience, qualifications, and knowledge either in your professional career, volunteer work, or personal capacities to engage, organize, and provide recommendations to achieve diversity and inclusion goals and policies -Possess awareness about how the role of systemic racism produces inequities the task force will attempt to address -Have the time and schedule flexibility to attend monthly meetings -Have interest in working on policies regarding diversity and inclusion -Be a full-time resident of Tiburon or Belvedere (proof of residency required) Applicant Name Full Name: Date: Applicant Information Address: Street Apartment/Unit City State Zip Phone: Email: Amannda Schneider 11/15/2022 Belvedere CA 94920 Page 2 of 2 By submittal of this application, I certify that the home address I have listed above is my primary full-time residence. Signature Why would you like to serve on the task force? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Possibly I am an optimist, but I have found most everyone wants to improve their diversity and inclusive behaviors but may need a practical way to do so. Belvedere-Tiburon taking steps to improve by creating this task force, is evidence of positive growth and I would like to offer my assistance in anyway I can. Working with a group, we could outline specific goals with timelines and measurements of achievements. Owning 12 fast casual restaurants for 10 years gave me a great deal of experience. After scoring perfectly on this question in a company wide poll, I researched why we, as an organization, rated so well in this area. The reverse research taught me a great deal about how to maintain the positive path by understanding the need for and application of new behaviors as a group. I am happy to help the community set and achieve goals for this admirable growth plan. TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Authorizing a $200,000 Contribution from Previously Pledged Funds Towards the Purchase of the Martha Property, Approve a Budget Amendment to Fund the Expenditure and Authorize the Town Manager to Execute a Contribution Agreement. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council is considering a request from the coalition working to acquire the Martha Property for $200,000 to assist in making a required non-refundable Option Payment by January 31, 2023. If approved, Council will also be authorizing a Fiscal Year 2023 Budget Amendment to fund the contribution, and authorizing the Town Manager to execute a Contribution Agreement related to the expenditure. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Authorize a payment of $200,000 to the Trust for Public Land as a contribution towards the acquisition of the Martha Property and, 2. Authorize a Fiscal Year 2023 Budget Amendment to fund the expenditure in the amount of $200,000, with the source of funds being the Martha Property Discretionary Reserve Fund and, 3. Authorize the Town Manager to execute a Contribution Agreement with the Trust for Public Land related to the contribution, subject to the approval of the Town Attorney or, 4. If Council is not prepared to decide the matter, direct staff as to what additional information is needed before returning to Council to reconsider the matter. BACKGROUND At the Regular Council meeting on November 16, 2022, Council considered a request for contributing Town funds to the purchase of the Martha Property. This 110-acre property, located in unincorporated County of Marin jurisdiction, abuts existing open space parcels owned by The Marin County Open Space District (MCOSD). A coalition (Coalition), led by the Trust for Public Land (TPL), has reached an agreement with the property owners for an option to purchase the property for $42.1M. Currently, the Coalition has identified a total of $27.1M in funding for the acquisition, leaving a $15.1M shortfall they hope to raise through various fundraising efforts. Once purchased, the property would be transferred to, and managed by the MCOSD. A copy of the Staff Report from the November 16 meeting is attached as Exhibit 1. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: AI-2 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 2 OF 3 At the November 16, 2022 meeting, Council voted unanimously to approve the following motion: To approve a pledge to contribute $1,000,000 to be used for the acquisition of the Martha Property and to direct staff to create a Martha Property Discretionary Reserve Account and transfer the contribution pledge amount from the General Fund Operating Reserve account. Subsequent to the November 16 meeting, a representative of the Coalition contacted the Town with a revised request related to the Town’s pledge. Specifically, the Coalition is requesting the Council authorize a contribution of $200,000 from the pledged amount to be made now. The Coalition would use these funds to assist in making a required non-refundable $250,000 option payment per the Agreement. A summary of the deal points (provided by the Coalition) included in the Agreement is as follows. • With the signing of the Agreement this past fall, a $250,000 non-refundable payment was made. Staff understands private donations were the source of funds for this payment. • A second non-refundable payment of $250,000 is due by January 31, 2023. If this payment is made, the purchasers have until the end of 2023 to raise the necessary funds (approximately $15M) to meet the terms of the agreement. • If sufficient funds are not raised to close the deal by January 2024, the Agreement includes the possibility of a 3rd non-refundable option payment. This payment would need to be made by the end of January 2024 and would extend the deadline for completing the purchase to July 2024. According to Coalition representatives, sufficient funds have not been raised to make the 2nd 250K non-refundable payment due by January 31, 2023 (bold and italicized above), resulting in the request before Council this evening. If Council chooses to make a contribution in any amount to facilitate the 2nd option payment, those funds would not be recoverable if the deal ultimately fails to close. Staff is working with the Town Attorney and TPL on developing a Contribution Agreement related to this matter. If Council chooses to make a contribution, we are also asking Council to authorize the Town Manager to execute the Contribution Agreement once finalized and approved by the Town Attorney. ANALYSIS No further staff analysis is provided; however, representatives of the Coalition are planning to attend tonight’s meeting to give a brief presentation as well as answer any questions from Council. FINANCIAL IMPACT As directed by Council on November 16, staff has established a Martha Property Reserve Fund and transferred $1,000,000 from General Fund Reserves to the newly established fund. If Council chooses to authorize making a contribution now in any amount, the approved contribution amount would come from this reserve fund. Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 3 OF 3 CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: Receive the Staff Report and presentation, and 1. Authorize a payment of $200,000 to the Trust for Public Land as a contribution towards the acquisition of the Martha Property and, 2. Authorize a Fiscal Year 2023 Budget Amendment to fund the expenditure in the amount of $200,000, with the source of funds being the Martha Property Discretionary Reserve Fund and, 3. Authorize the Town Manager to execute a Contribution Agreement with the Trust for Public Land related to the contribution, subject to the approval of the Town Attorney or, 4. If Council is not prepared to decide the matter, direct staff as to what additional information is needed before returning to Council to reconsider the matter. Prepared By: Greg Chanis, Town Manager EXHIBIT 1 TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Request for a Pledge to Contribute $1,000.000 Towards the Acquisition of the Martha Property. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council is considering a request from a coalition of groups to pledge a $1,000,000 contribution towards the purchase of the Martha Property. RECOMMENDED ACTION(S) Staff recommends Town Council: Receive the Staff Report and presentation, and 1. Approve a pledge to contribute, indicating the contribution amount, and 2.Direct staff to establish a Martha Property Discretionary Reserve account and to transfer the contribution pledge amount from the general Fund Operating Reserve to the new account, or 3.If Council is not prepared to decide the matter, direct staff as to what additional information is needed before returning to Council to reconsider the matter. BACKGROUND For over 30 years, a coalition of groups including the Trust for Public Land, County of Marin and Tiburon Open Space has been working to preserve approximately 110 acres of undeveloped land located in unincorporated Marin County at the southern end of the Tiburon Peninsula. The property, known as the Martha Property, abuts existing open space parcels owned by The Marin County Open Space District and offers unparalleled 360-degree views of the San Francisco Bay area. In addition to outstanding views, the area is also home to a number of important plant and animal species including: Tiburon Jewel Flower, Serpentine Reed Grass, California Red-Legged frog and Marin Dwarf Flax. After many years of effort, the coalition, led by the Trust for Public Land, has reached an agreement with the property owners for an option to purchase the property for $42.1M. Currently, the coalition has identified a total of $26.1M in funding for the acquisition, leaving a $16.1M shortfall they hope to raise through various fundraising efforts. Once purchased, the TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting November 16, 2022 Agenda Item: AI-3 Town Council Meeting November 16, 2022 TOWN OF TIBURON PAGE 2 OF 3 property would be transferred to the Marin County Open Space District. Representatives of the coalition have contacted the Town with a request for a commitment to contribute $1M towards the effort. ANALYSIS The sale of the property will not occur any earlier than mid-2023. As a result, the request before Council this evening is to pledge a contribution amount. It is not to authorize a payment, which would occur once the remaining funds have been raised. In addition, the Town would require execution of a Contribution Agreement acceptable to all parties. Staff anticipates returning to Council to adopt the agreement and formally authorize expenditure of the funds at the appropriate time. With regards to the source of funds for any contribution amount, staff recommends utilizing General Fund Operating Reserves. Further, if Council chooses to pledge a contribution, staff recommends transferring the contribution amount from the General Fund Operating Reserve Fund to a new Discretionary Reserve Fund set up for this project. FINANCIAL IMPACT As noted above, if Council chooses to pledge a contribution, staff recommends using General Fund Operating Reserve Fund (GFOR) for the contribution. The GFOR is the Towns primary reserve fund and per long standing town policy, should maintained at a minimum balance equal to 25% of the towns current annual operating budget. For Fiscal Year 23, this would indicate a minimum reserve balance of $3,000,000. The estimated balance of the GFOR at Fiscal Year end is $6.8M. The Town has maintained a GFOR balance well above the policy required minimum for many years, using funds from the account to complete important projects like the renovation of McKegney Green and the update to the towns General Plan. The GFOR will also be looked to in the future to fund mid-year budget amendments and to at least partially fund projects to address sea level rise, street and storm drain maintenance, or infrastructure improvement projects in town owned parks. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: Receive the Staff Report and presentation, and 1. Approve a pledge to contribute, indicating the contribution amount, and Town Council Meeting November 16, 2022 TOWN OF TIBURON PAGE 3 OF 3 2. Direct staff to establish a Martha Property Discretionary Reserve account and to transfer the contribution pledge amount from the general Fund Operating Reserve to the new account, or 3. If Council is not prepared to decide the matter, direct staff as to what additional information is needed before returning to Council to reconsider the matter. Prepared By: Greg Chanis, Town Manager TOWN OF TIBURON PAGE 1 OF 8 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Discussion and Comment on the Response to the California Department of Housing and Community Development’s Comments Regarding the Draft Housing Element Update (6th Cycle: 2023-2031) Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY This is an opportunity for the Town Council to provide input on the Town’s response to the California Department of Housing and Community Development’s comment on the Town’s Draft Housing Element Update. RECOMMENDED ACTION(S) Staff recommends the Town Council: 1. Receive the staff report, accept public comment and approve by minute order direction to staff on any needed revisions to the Draft Housing Element prior to resubmittal to HCD BACKGROUND Every eight years, the Town, like all local governments, must update its Housing Element to accommodate projected housing needs and address new State legislation. The Housing Element addresses a range of housing issues such as affordability, housing diversity, density, and location, and establishes goals, policies, and programs for existing and projected housing needs. The Housing Element must be internally consistent with other parts of the General Plan and is critical to having a legally adequate General Plan. State law does not require that jurisdictions build or finance new housing, but they must plan for it. It is in the Housing Element that local governments make decisions about where housing could be developed to offer a mix of housing types for households with varying incomes. Perhaps most well known, the Housing Element must identify how the Town will meet its share of the region’s housing need, called the Regional Housing Needs Allocation, or RHNA, by selecting housing sites and densities that, if developed, would satisfy the RHNA. Regional Housing Needs Allocation (RHNA) Process The RHNA process starts with the Regional Housing Needs Determination (RHND) provided by California Department of Housing and Community Development (HCD), which is the total TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: AI-3 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 2 OF 8 number of housing units the San Francisco Bay Area needs over the eight-year period, by income category. The Association of Bay Area Governments (ABAG) is tasked with developing the methodology to allocate a portion of housing needs to each city, town, and county in the region. For the 6th Housing Element Cycle (2023-2031), HCD required the Bay Area to plan for and revise local zoning to accommodate 441,176 addition housing units, more than double the 5th Cycle’s allocation of 187,990 housing units. The RHND is intended to not only meet projected increases in population and household formation, but to address existing unmet housing needs that have led to a statewide housing crisis in California. ABAG appointed a Housing Methodology Committee to develop a methodology to distribute a share of the region’s housing need to each jurisdiction. The methodology started with a baseline allocation that reflected growth patterns and population and employment projections developed for Plan Bay Area 2050, the region’s long-range strategic plan. The baseline allocation was then adjusted by three factors related to Access to High Opportunity Areas, Job Proximity via Automobiles, and Job Proximity via Transit. Tiburon’s RHNA allocation was most heavily influenced by the Town’s classification as a Transit-Rich Area (due to the ferry terminal served by transit) and a High Resource Area (due to the Town scoring high on metrics related to high performing schools, lower exposure to environmental and health hazards, higher employment, a higher percentage of adults with a bachelor’s degree, and lower poverty rates). Tiburon’s 6th Cycle RHNA allocation is for 639 housing units, more than eight times the 5th Cycle RHNA of 78 units. The RHNA allocation broken down by income categories is shown in Table 1. Table 1. Tiburon 2023-2031 Final RHNA Allocation Income Level Units VERY LOW INCOME (<50% OF Area Median Income) 193 LOW INCOME (50-80% of Area Median Income) 110 MODERATE INCOME (80-120% of Area Median Income) 93 ABOVE MODERATE INCOME (>120% of Area Median Income) 243 TOTAL ALLOCATION 639 The Town appealed the draft RHNA allocation to ABAG on July 9, 2021. Tiburon’s appeal was heard on October 8, 2021, and denied by the ABAG Administrative Committee on November 21, 2021. Housing Element Review Process and Deadlines Draft Housing Elements are submitted to HCD for review and comment. Prior to submitting the first draft of the Housing Element to HCD the draft has to be made available for public comment for 30 days and, if any comments are received, the Town has to take 10 business days after the 30 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 3 OF 8 day comment period to consider and incorporate public comments into the draft prior to submitting it to HCD. HCD has 90 days to review the first draft of the Housing Element and report its written findings to the Town. HCD’s review and report of its findings must take place prior to adoption by the Tiburon Town Council. Subsequent reviews by HCD may take up to 60 days. During these reviews, HCD will provide comments to the Town regarding compliance of the draft Element with State law requirements and HCD guidelines. For any subsequent draft revision, the Town is required to post the draft revision on the Town’s website and email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the Housing Element at least seven days before submitting the draft revision to HCD. Modifications to the draft Housing Element in response to HCD’s comments are often necessary. The Town Council must consider HCD’s comments prior to adoption of the Housing Element as part of the General Plan. After adoption, HCD provides written findings regarding compliance to the local jurisdiction. An updated Housing Element is required by state law to be adopted by the Town Council by January 31, 2023. Under the so called “Builder’s Remedy” in the Housing Accountability Act (Government Code Section 65589.5) if a jurisdiction has not adopted its Housing Element by the applicable statutory deadline the jurisdiction would not be able to deny a housing development project that includes 20% affordable housing for lower income households (or 100% of units affordable to moderate-income households) on the basis that it is inconsistent with the jurisdiction’s zoning ordinance and general plan. There is what has been referred to as a “grace period” of 120 days from January 31, 2023, that is until May 31, 2023, to have the housing element adopted and found to be in substantial compliance by HCD. If the Housing Element is not adopted and found to be in compliance by HCD within 120 days of the due date, any rezonings to ensure adequate sites must occur within one year of the due date (i.e., January 30, 2024), rather than the 3 years typically allowed. Because the Town will also be adopting a General Plan Update and Objective Design and Development Standards with the Housing Element and certification of the Environmental Impact Report, staff recommends the Council complete all rezonings at the same time to ensure consistency among the General Plan elements and the Zoning Code. The rezoning must allow: - Multi-family residential use by right for developments in which at least 20% of the units are affordable to lower income households during the planning period. - 50% of the very low and low-income RHNA has to be accommodated on sites designated for residential use and for which non-residential or mixed uses are not permitted – or – those units can be accommodated on mixed use sites if those sites allow 100% residential use and require that residential use occupy 50% of the total floor area of the mixed use project. Program H-jj includes these requirements. Public and Town Council Review of the Housing Element Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 4 OF 8 The Draft Housing Element was released for a 30-day public review period on July 5, 2022. After the close of the public review period on August 4, 2022, pursuant to state law the Town took ten business days to consider and incorporate public comments. On August 31, 2022, the Town Council reviewed the draft Housing Element and proposed housing sites and directed staff to minimize the “buffer” to 7% above the RHNA and reduce the density on proposed Mixed Use High sites from 40-45 units per acre to 30-35 units per acre. Staff made the necessary revisions and submitted the draft Housing Element to HCD on September 26, 2022, for a 90-day review period. Staff met with the HCD reviewers on December 20, 2022, to discuss the Department’s findings. The Town received a comment letter from HCD on December 23, 2022. ANALYSIS The HCD comment letter is attached as Exhibit 1. HCD notes that while the draft element addresses many statutory requirements, revisions are necessary to comply with State Housing Element Law (Article 10.6 of the Government Code). An appendix to the letter details the revisions that HCD believes are needed to comply with State law. The Town’s preliminary response to HCD’s comments is attached as Exhibit 2. The revised Draft Housing Element with tracked changes is attached as Exhibit 3 and the revised Appendix B of the Draft Housing Element is attached as Exhibit 4. In some cases, staff and the Town’s consultant are still collecting information to fully address HCD’s comment. Most of the comments are requesting additional detail and/or analysis and are easily addressed. There are two issues, however, which staff has identified for Council discussion: 1) the qualification of SB9 units, which impacts the housing capacity analysis and requires additional sites to make up for the shortfall in the Above Moderate RHNA category (HCD Comment #11 in Exhibit B); and 2) the need to identify flexible zoning requirements, development standards, and/or processing and fee incentives to facilitate the creation of ADUs (HCD Comment #28 in Exhibit B). SB 9 Units and the Shortfall in the Above Moderate RHNA Category The draft Housing Element projects development of four single-family homes on each qualifying vacant single-family lot in Appendix C for a total of 174 units based on the passage of SB 9 to accommodate a portion of its above moderate income RHNA. To utilize projections based on SB 9 legislation, HCD says that the element must support this analysis with local information such as local developer or owner interest to utilize SB 9. Furthermore, the Town must include programs and policies that establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development at the anticipated development levels. Staff sent letters to all vacant-single family lot owners on January 12, 2023, to establish owner interest in developing SB 9 units. To date, the Town has received interest from one Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 5 OF 8 property owner interest in utilizing SB 9 to split an existing vacant single-family lot or construct additional units. If the Town cannot count any SB 9 units, there is a shortfall of 92 units in the Above Moderate category. In order to make up for the shortfall, the Town could identify an additional site or sites. One site that the Council considered at the August 31, 2022, meeting was 4576 Paradise Drive. This 9.6-acre site is adjacent to Paradise Cay was annexed to the Town in 2022. It is currently zoned RPD which allows 1 dwelling unit per acre (du/ac). A portion of the site could be designated for high-density residential. For example, a density range of 20-25 units per acre could be applied to a flatter 3-acre portion of the site, yielding 57 units after deducting the existing 2 units and projected additional unit on this portion of the site. The property owner has indicated that he is amenable to rezoning at this density. Net unit production from a range of alternative densities on the site are identified in Table 1. Alternatively, or in conjunction with the above strategy, the Town could increase the density on some of the Downtown parcels. Net unit production from a range of alternative densities on these sites are identified in Table 1. Exhibit 5 maps the parcels by ID. Table 1: Potential for Additional Units on Housing Opportunity Sites Density (dwelling units per acre)* Site Address Existing Use 15-20 20-25 25-30 35-40 40-45 SFH 4576 Paradise Dr (3-acres) 2 houses +42 +57 +72 1 1525 Tiburon Blvd Parking lot +4 +7 2 1535 Tiburon Blvd Chase Bank +4 +7 3 1601 Tiburon Blvd Bank of America +2 +5 4 4 Beach Rd Parking lot +5 +10 5 1550 Tiburon Blvd Boardwalk Shopping Ctr. +11 +22 6 1620 Tiburon Blvd Comm. bldg. +4 +8 1640/50 Tiburon Blvd Comm. bldg.. 7 6 Beach Rd Comm. bldg. and apts. +7 +14 12 Beach Rd Post office 9 1100 Mar West St Office bldg. +7 +14 1110 Mar West St Office bldg. 1120 Mar West St Office bldg. A 1555 Tiburon Blvd Parking lot +5 +9 B 1599 Tiburon Blvd CVS +9 +17 C 1600 Tiburon Blvd Former Shark’s Deli +2 +4 D 1610 Tiburon Blvd. Comm. bldg.. +3 +2 E 1660 Tiburon Blvd Comm. bldg. +3 +5 F 1680 Tiburon Blvd Comm. bldg.. +2 +3 *Unit capacities are calculated at the required minimum of the density range. One pathway to meeting a 92 unit shortfall is shown in Table 2. This strategy concentrates the potential for 4-story buildings at the corner of Tiburon Boulevard and Beach Road. It also relies on sites that have property owner interest in redevelopment, which means they are more likely to gain HCD approval. Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 6 OF 8 Table 2: Pathway to Meeting 92 Unit Shortfall for Above Moderate Income Units ID Site Existing Use Strategy Units New 4576 Paradise Drive (3 acres) Increase density to 20-25 du/ac +57 3 1601 Tiburon Blvd Bank of America Increase density to 40-45 du/ac +5 4 4 Beach Rd Parking Lot Increase density to 40-45 du/ac +10 5 1550 Tiburon Blvd Boardwalk Ctr. Increase density to 40-45 du/ac +22 TOTAL 94 If the Town is going to utilize any SB9 units in the sites inventory, the Council should discuss what incentives the Town will include in a new Housing Element program to encourage and facilitate development, such as increasing the minimum unit size from 800 square feet. Incentives for ADU Development As noted by HCD in Comment #28, the Housing Element includes Program H-hh (Outreach and Education for Accessory Dwelling Unit Development) to promote ADU development. However, according to HCD, “this program should actively incentivize or promote ADU development for very low-, low-, and moderate- income households. This can take the form of flexible zoning requirements, development standards, or processing and fee incentives that facilitate the creation of ADUs, such as reduced parking requirements, fee waivers and more. Other strategies could include developing information packets to market ADU construction, targeted advertising of ADU development opportunities or establishing an ADU specialist within the planning department.” In the draft response, staff has endeavored to reiterate the use of the ADUMarin.org website to provide information on ADU development and has included a program action to establish an ADU specialist in the Planning Department. The Council should also consider providing additional incentives, such as more flexible development standards or reduced fees. Table 3 shows current requirements. Table 3: ADU Requirements ADU STANDARDS Min/Max ADU size Attached ADUs: Maximum floor space is 850 square feet. For lots over 10,000 square feet, maximum floor space is 1,000 square feet. Detached ADUs: 850 square feet for one bedroom or less and 1,000 square feet for lots greater than 10,000 square feet or ADUs with more than one bedroom. JADUs: Maximum 500 square feet Lot size None Lot coverage An ADU may exceed standards for lot coverage, but the ADU is limited to a maximum size of 800 square feet. ADU building height Up to 16 feet for one story and up to 30 feet for two stories. The ADU may not be taller than the primary residence at the area of attachment. Setbacks None for conversions of existing living area or structure. 4-foot side and rear setbacks for new construction. Parking requirements One off-street parking space per ADU unless 1) within ½ mile walking distance of public transit, 2) located within a historic district, 3) Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 7 OF 8 located within one block of a car share vehicle, 4) located within an existing structure, or 4) when on-street parking permits are required but not offered to the occupant. Deed or income restrictions None Number of ADUs One detached ADU and one JADU allowed on each single-family property. Also allowed on multifamily properties under state law. Owner occupancy Not required for ADU or primary residence. Required for JADU. Other requirements • Exterior Lighting: two shielded downward point lights at the entrance to the ADU are allowed. • Fire Sprinklers: needed if required for primary residence. • Objective architectural standards: Color and materials much match the primary unit. • Windows: no window facing the rear and side property lines are allowed when located less than 6 feet of the rear or side property line. • Rental restriction: an ADU and JADU shall not be rented for less than 30 consecutive days. Process ADUs and JADUs are approved ministerially by the Director of Community Development. Fee $595 Next Steps: Upon receiving Council direction, staff will revise the Housing Element and post the revised Draft Housing Element on the Town’s website for seven days as required by State law. Staff will then submit the revised Draft Housing Element to HCD for the Department’s review, which may take up to 60 days. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town as a result of Council actions on this item. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW The environmental consultant is currently preparing the Draft Environmental Impact Report (DEIR). Upon direction from the Council on the final Housing Element sites and residential densities permitted on those sites, the consultant will complete the VMT, air quality, greenhouse gas emissions, and noise analyses necessary for the DEIR and finalize the report. RECOMMENDATION Staff recommends the Town Council: Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 8 OF 8 Receive the staff report, accept public comment and approve by minute order direction to staff on any needed revisions to the Draft Housing Element prior to resubmission to HCD Exhibit(s): 1. California Department of Housing and Community Development’s Comment Letter on the Draft Housing element dated December 23, 2022 2. Draft Response to HCD’s Comments 3. Revised Draft Housing Element incorporating response to HCD Comments 4. Revised Appendix B of Draft Housing Element incorporated response to HCD Comments 5. Housing Opportunity Sites Maps 6. Public Comment Letters Prepared By: Dina Tasini, Community Development Director EXHIBIT 1 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov December 23, 2022 Dina Tasini, Director of Community Development Community Development Department Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Dina Tasini: RE: The Town of Tiburon’s 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the Town of Tiburon’s (Town) draft housing element received for review on September 27, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on December 20,2022 with yourself and Christine O’Rourke, Consultant. In addition, HCD considered comments pursuant to Government Code section 65585, subdivision (c) from Kyle Doss, Kathleen Silverfield, Campaign for Fair Housing Elements, South Bay YIMBY, YIMBY Law and Greenbelt Alliance, David Kellogg, Julie and Seth Jacobs, and Jennifer Harmon. The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes these revisions needed to comply with State Housing Element Law. For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (May 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA) shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the Town fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until these rezones are completed. Dina Tasini, Director of Community Development Page 2 Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD. In addition, HCD received comments with many meaningful suggestions related to program commitments and other issues related to zoning and AFFH. HCD encourages the Town to consider these comments. For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at: https://www.opr.ca.gov/planning/general-plan/guidelines.html. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town meets housing element requirements for these and other funding sources. HCD appreciates your hard work and diligence provided during the course of our review. We are committed to assisting the Town in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Brandon Yung, of our staff, at brandon.yung@hcd.ca.gov. Sincerely, Melinda Coy Proactive Housing Accountability Chief Enclosure The Town of Tiburon’s 6th Cycle (2023-2031) Draft Housing Element Page 3 December 23, 2022 APPENDIX TOWN OF TIBURON The following changes are necessary to bring the Town’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and- community-development/housing-elements/building-blocks and includes the Government Code addressing State Housing Element Law and other resources. A. Review and Revision Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).) As part of the evaluation of programs in the past cycle, the element must also provide an explanation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness). Programs should be revised as appropriate to reflect the results of this evaluation. B. Housing Needs, Resources, and Constraints 1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Racial/Ethnic Areas of Concentration of Areas of Affluence (RCAA): As the element acknowledges that a RCAA exists within the Town, and that the Town is predominantly in the high resource category according to TCAC/HCD Opportunity Maps and is predominantly higher income, the Town must consider additional actions (not limited to the Regional Housing Needs Allocation (RHNA) to promote housing mobility and improve new housing opportunities throughout the Town for existing residents and the broader region. Sites Inventory: The element must identify sites throughout the community to foster inclusive communities. The element includes some general discussion and conclusions that identified sites for lower-income households are concentrated in central areas of the Town and certain neighborhoods. However, the element should expand on the reasoning for isolating the RHNA for lower income households and discuss whether The Town of Tiburon’s 6th Cycle (2023-2031) Draft Housing Element Page 4 December 23, 2022 the distribution of sites improves or exacerbates supporting mobility and housing choice throughout the Town. Further, if the inventory continues to isolate the RHNA for lower-income households, the element must have commensurate programs with place-based strategies for new opportunities through-out the community (beyond RHNA) to result in an equitable quality of life and affirmatively further fair housing (AFFH) throughout the Town. 2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).) Extremely Low-Income (ELI) Households: The element reports some data on the number of existing and projected ELI households, but it must also include an analysis of their housing needs. The analysis should evaluate tenure, overpayment, resources, and strategies available and the gap and magnitude of housing needs to better formulate policies and programs. Depending upon the results of this analysis, the Town may need to add or revise existing programs. 3. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Overpayment: While the element identifies the percentage of residents overpaying for housing by tenure (pg. 39), it must clearly quantify and analyze the number of lower- income households overpaying for housing by tenure (i.e., renter and owner) and add or modify policies and programs as appropriate. 4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) The Town has a RHNA of 639 housing units, of which 303 are for lower-income households. To address this need, the element relies on vacant and nonvacant sites, including sites in the yet to be created MU and MS districts. To demonstrate the adequacy of these sites and strategies to accommodate the Town’s RHNA, the element must include complete analyses: Parcel Listing: The element lists parcels by various factors such as size, zoning, and general plan designation. However, it must also include a description of existing use with sufficient detail to facilitate an analysis of the potential for additional development on nonvacant sites. Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the Town must submit an electronic sites inventory with its adopted housing element. The Town must utilize standards, forms, and definitions adopted by HCD. The Town of Tiburon’s 6th Cycle (2023-2031) Draft Housing Element Page 5 December 23, 2022 Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and- community-development/housing-elements for a copy of the form and instructions. The Town can reach out to HCD at sitesinventory@hcd.ca.gov for technical assistance. Suitability of Nonvacant Sites: The description of existing uses should be sufficiently detailed to facilitate an analysis demonstrating the potential for additional development in the planning period. For example, the element includes sites with grocery stores, post office, an existing bank, and other businesses, but does not demonstrate whether these existing uses would impede development of these sites within the planning period or are likely to be discontinued. For example, while the element states that the grocery store will be retained on Site 5, it could provide additional information on how the site could be redeveloped with the existing grocery space. In addition, while some analysis was provided for Sites 1-9, no analysis was provided for Sites A-G. The element should also include current market demand for the existing uses, provide analysis of existing contracts that would perpetuate the existing use or prevent additional residential development and include current information on market conditions in the Town and relate those trends to the sites identified. For Site 8, the element should describe the timing for the facilities plan, if the site will be surpluses by the school district, and any conversations with the school district to provide housing. The element must demonstrate the site will be available early enough in the planning period for development to occur. In addition, the element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households. For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period (Gov. Code, § 65583.2, subd. (g)(2).). Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA. Sites Identified in the Prior Inventory: Sites identified in prior planning periods shall not be deemed adequate to accommodate the housing needs for lower-income households unless a program, meeting statutory requirements, requires rezoning within three years. The element should clarify if sites, including Site 8, were identified in prior planning periods and if so, which sites and include a program if utilizing previously identified sites in the current planning period. Use of SB 9 Senate Bill 9 (Statutes of 2021) Projections: The element is projecting development of four single-family homes on each qualifying vacant single-family lot in Appendix C for a total of 174 units based on the passage of SB 9 (Statutes of 2021) to accommodate a portion of its above moderate income RHNA. To utilize projections based on SB 9 legislation, the element must support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through SB 9 and include programs and policies that establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development at the anticipated development levels. The Town of Tiburon’s 6th Cycle (2023-2031) Draft Housing Element Page 6 December 23, 2022 Environmental Constraints: While the element includes a column of environmental constraints on its sites inventory and generally describes the Flood Hazard Area, it must describe how conditions relate to identified sites including how environmental conditions could impact housing development in the planning period. (Gov. Code, § 65583.2, subd. (b).) The Town should also provide analysis on how local policies to mitigate environmental hazards may impact housing development. Sites with Zoning for a Variety of Housing Types: • Emergency Shelters: While housing element law does allow a jurisdiction to limit the number of beds or persons permitted to be served nightly by a facility, standards must be designed to encourage and facilitate the development of, or conversion to, an emergency shelter. The element must analyze the 10-bed limit as a potential constraint for the development of emergency shelters. In addition, the element should describe how emergency shelter parking requirements meet AB139/Government Code section 65583, subdivision (a)(4)(A) requirements or include a program. • Supportive Housing: Permanent Supportive Housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651. The element must demonstrate compliance with this requirement and include programs as appropriate. 5. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. (Gov. Code, § 65583, subd. (a)(5).) Affordable Housing Overlay Zone: The element includes description of an Affordable Housing Overlay. While some information was provided on how the overlay allows residential the element should clarify where it applies and whether it will apply over any of the sites identified in the inventory. Processing and Permit Procedures: While the element includes information about processing times, it should also describe the procedures by type of housing, zone, permit type, and approval body. In particular, the element should describe how projects in the MU zone will be processed and objective design standards and findings used to determine approval by the Design Review Board. The analysis should address the approval body, the number of public hearing if any, approval findings and any other relevant information. The analysis should address impacts on housing cost, supply, timing and approval certainty and add or modify programs as appropriate. Fees: The element must describe all required fees for single-family and multifamily housing development, including impact fees, and analyze their impact as potential constraints on housing supply and affordability. The element should provide analysis The Town of Tiburon’s 6th Cycle (2023-2031) Draft Housing Element Page 7 December 23, 2022 for disproportionately high fees that may post constraints that may hinder the locality from meeting its regional housing need including but not limited to the business licensing fee and street impact fee for residential development. The element should include an evaluation of these fees and add programs to address the constraint as appropriate. Specifically, the element should describe the business licensing fee for residential development and the street improvement fee. Zoning, Development Standards and Fees: The element must clarify compliance with new transparency requirements for posting all zoning, development standards and fees on the Town’s website and add a program to address these requirements, if necessary. Local Ordinances: The element must specifically analyze locally adopted ordinances such as inclusionary ordinances or short-term rental ordinances that directly impact the cost and supply of residential development. While the element describes the framework of inclusionary requirements and available alternatives, it must also analyze their impact as potential constraints on the development of housing for all income levels, specifically housing supply and affordability. Specifically, the element should evaluate the impacts of requirements for “comparable amenity level”. Housing for Persons with Disabilities: The element briefly describes its reasonable accommodation procedures. However, the element should also describe the process and decision-making criteria such as approval findings and analyze any potential constraints on housing for persons with disabilities. In addition, the element must describe any zoning code definitions of family and any spacing or concentration requirements for housing for persons with disabilities. 6. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).) While the element quantifies most of the Town’s special needs populations, the element must also analyze their special housing needs. For a complete analysis of each population group, the element should discuss challenges faced by the population, the existing resources to meet those needs (availability senior housing units, number of large units, number of deed restricted units, etc.,), and an assessment of any gaps in resources. 7. Analyze existing assisted housing developments that are eligible to change to non-low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).). The element states the Town has a portfolio of 104 units of affordable housing units that are at low risk of conversion to market rate (pg. 35). However, it appears as if this listing of projects may not accurately reflect the possibility for conversion to market rate. Pursuant to information provided to HCD from the California Housing Partnership, the Bradley House (15-units located on 101 Esperanza) may also be at risk of The Town of Tiburon’s 6th Cycle (2023-2031) Draft Housing Element Page 8 December 23, 2022 conversion during the next ten years. Additionally, the element states that Point Tiburon Marsh (20-units of located on 22 Marsh Road) is at low-risk despite having 30-year affordability terms first established in 1987. If these projects are at risk of conversion to market rate within the ten-year period, a full analysis must include and estimated total cost for producing, replacing and preserving the units at-risk, and identification of public and private nonprofit corporations known to the Town to have the legal and managerial capacity to acquire and manage at-risk units, and an identification and consideration of use of federal, state and local financing and subsidy programs. Depending upon the results of that analysis, the Town may need to revise or add programs. C. Housing Programs 1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) To address the program requirements of Government Code section 65583, subd. (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the Town’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. Programs must demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. Deliverables should occur early in the planning period to ensure actual housing outcomes. All programs should be evaluated to ensure meaningful and specific actions and objectives. Programs containing unclear language (e.g., “Evaluate”; “Consider”; “Encourage”; etc.) should be amended to include more specific and measurable actions. Programs to be revised include, but are not limited to, the following: Program H-a (Focus Town Resources on Housing Opportunity Sites): As demonstrated in the review of previous housing element programs, this program was not successful. The element should modify this program to increase success based on past outcomes including describing what specific actions will be taken to implement the program. Program H-b (Improve Community Awareness of Housing Needs, Issues, and Programs): Provide expected timeframes for completion of for all actions. Also, the The Town of Tiburon’s 6th Cycle (2023-2031) Draft Housing Element Page 9 December 23, 2022 program should be expanded to promote programs beyond fair housing to align with program description. Goal H-c (Community Outreach when Implementing Housing Element Programs): Provide specific actions for implementation and coordination. Program H-d (Foster Meaningful Assistance from Other Agencies): Describe metrics or objectives of this program to measure success. The Town could consider expanding the program beyond housing related programs to include other community development efforts. Program H-f (Conduct Outreach for Developmentally Disabled Housing and Services): Provide specific actions for implementation. Program H-G (Foster Meaningful Assistance from Other Agencies): Provide specific timeframes for implementation. Program H-n (Work with Non-Profits on Housing): Describe how the town will work with non-profits in relationship to housing sites and facilitate development. Program H-z (Coordination with Affordable Housing Providers): What is the timeframe for implementation. Program H-aa (Tenant Protection Strategies): Need firmer commitment beyond “explore”. 2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single- room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding B4, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the Town may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows: The element indicates that sites identified in the downtown commercial areas will need to be rezoned to a new Mixed-Use (MU) designation to allow for residential uses and the appropriate densities to accommodate the RHNA. However, it is unclear from the sites inventory the timing for when those rezones will occur. In addition, as the element states The Town of Tiburon’s 6th Cycle (2023-2031) Draft Housing Element Page 10 December 23, 2022 that the objective standards have not yet been developed for the MU designation, a program should be identified to ensure that development standards facilitate housing development at the maximum allowable density for the MU zone. Please note that if zoning is not in place by the beginning of the planning period (January 31, 2023), for sites that are expected to accommodate the Town’s lower-income RHNA, programs must commit to housing element rezone requirements pursuant to Government Code section 65583.2 (h) and (i). Specifically, the program must identify acreage, allowable densities, and anticipated units to be rezoned and must commit to: • permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households. By-right means local government review must not require a conditional use permit, planned unit development permit, or other discretionary review or approval; • accommodate a minimum of 16 units per site; • require a minimum density of 20 units per acre; and • At least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all of the very low and low-income housing need, if those sites: • allow 100 percent residential use, and • require residential use occupy 50 percent to the total floor area of a mixed-use project. Program H-dd (Work with Non-Profits and Property Owners on Housing Opportunity Sites): Describe how the Town will facilitate lot consolidation of the sites in the inventory. 3. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate- income households. (Gov. Code, § 65583, subd. (c)(2).) The element must include a program(s) with specific actions and timelines to assist in the development of housing special needs populations including ELI households. The element includes Program H-n (Work with Non-Profits on Housing) to outreach to developers of affordable housing for ELI. However, given the Town’s lack of development in the past planning period, the element should include stronger program(s) such as commitments to priority processing, granting fee waivers or deferrals, modifying development standards, and granting concessions and incentives for housing developments that include units affordable to ELI households. 4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding B5 the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the Town may The Town of Tiburon’s 6th Cycle (2023-2031) Draft Housing Element Page 11 December 23, 2022 need to revise or add programs and address and remove or mitigate any identified constraints. 5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding B1 the element requires a complete AFFH analysis. Depending upon the results of that analysis, the Town may need to revise or add programs. Goals, Actions, Metrics, and Milestones: The element must be revised to include goals and actions that specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Given that the Town is considered the highest resource community, the element should focus on programs that enhance housing mobility and encourage development of more housing choices and affordable housing. Programs must include metrics and timelines that target intended outcomes, particularly for those that assist the Town in facilitating fair housing choice and supporting mobility throughout the Town. For your information, metrics (where applicable), should be targeting beneficial impacts for people, households, and neighborhoods (e.g., number of people or households assisted, number of housing units built, number of parks or infrastructure projects completed). 6. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2. (Gov. Code, § 65583, subd. (c)(7).) The element included Program H-hh (Outreach and Education for Accessory Dwelling Unit Development) to promote ADU development. However, this program should actively incentivize or promote ADU development for very low-, low-, and moderate-income households. This can take the form of flexible zoning requirements, development standards, or processing and fee incentives that facilitate the creation of ADUs, such as reduced parking requirements, fee waivers and more. Other strategies could include developing information packets to market ADU construction, targeted advertising of ADU development opportunities or establishing an ADU specialist within the planning department. The Town of Tiburon’s 6th Cycle (2023-2031) Draft Housing Element Page 12 December 23, 2022 D. Quantified Objectives Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).) The element provides a summary of quantified objectives on page 110 for the 6th cycle planning period. However, the element should have quantified objectives for rehabilitation and preservation for lower-income households based on program commitments and a complete analysis of at-risk units. EXHIBIT 2 Response to HCD Comments of December 23, 2022 Page 1 TOWN OF TIBURON RESPONSE TO HCD COMMENTS OF DECEMBER 23, 2022 Note: Page number references to the Housing Element included in these responses are to the pages in the tracked changes version of revised draft of the Housing Element. Comment #1 Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code,§ 65588 (a) and (b).) As part of the evaluation of programs in the past cycle, the element must also provide an explanation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness). Programs should be revised as appropriate to reflect the results of this evaluation. Response #1 The following revisions have been made to the draft element: Appendix B, page B-1, Program H-a: The following underlined text was added to the information provided in the Evaluation column: This will facilitate development of housing for smaller households including the elderly, persons with disabilities, and female-headed households. It will also increase the availability of single-family homes that are appropriate for large households as senior homeowners in Tiburon have expressed a desire to downsize but remain in town and live in a more walkable location. Appendix B, page B-4, Program H-e: The following underlined text was added to the information provided in the Recommendation column: Provide specific implementation actions and timeline to ensure program is completed. Appendix B, page B-6, Program H-l: The following underlined text was added to the information provided in the Evaluation column: The updated housing element significantly increases densities on multifamily sites in the Downtown. This will facilitate development of affordable housing for seniors, persons with disabilities, and extremely low income households. Appendix B, page B-7, Program H-p: The following underlined text was added to the information Response to HCD Comments of December 23, 2022 Page 2 provided in the Evaluation column: The updated housing element significantly increases densities on multifamily sites in the Downtown. This will facilitate development of affordable housing for seniors, persons with disabilities, and single-person and single parent households. It will also increase the availability of single-family homes that are appropriate for large households as senior homeowners in Tiburon have expressed a desire to downsize but remain in town and live in a more walkable location. Appendix B, page B-9, Program H-q: The following underlined text was added to the information provided in the Evaluation column: Although the homeless population in Tiburon has decreased since the last housing element was adopted, from 7 unsheltered people in 2013 to none in 2019, the number of unsheltered people throughout Marin County has increased from 183 to 703 over the same period, illustrating the critical need for continued cross-county efforts to provide housing and services for the homeless. Appendix B, page B-12, Program H-z: The following underlined text was added to the information provided in the Evaluation column: The updated housing element significantly increases densities on multifamily sites in the Downtown. This will facilitate development of affordable housing for low-income households, seniors, persons with disabilities, and single-person and single parent households. It will also increase the availability of single-family homes that are appropriate for large households as senior homeowners in Tiburon have expressed a desire to downsize but remain in town and live in a more walkable location. Appendix B, page B-14, Program H-ee: The following underlined text was added to the information provided in the Evaluation column: ADUs provide housing for seniors and single-parent households and lower housing costs for seniors who wish to age in place. Appendix B, page B-14, Program H-ff: The following underlined text was added to the information provided in the Evaluation column: JADUs provide housing for seniors and single-parent households and lower housing costs for seniors who wish to age in place. Comment #2 Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Racial/Ethnic Areas of Concentration of Areas of Affluence (RCAA): As the element acknowledges that a RCAA exists within the Town, and that the Town is predominantly in the high resource category according to TCAC/HCD Opportunity Maps and is predominantly higher income, the Town must consider additional actions (not limited to the Regional Housing Needs Allocation (RHNA) to promote housing mobility and improve new Response to HCD Comments of December 23, 2022 Page 3 housing opportunities throughout the Town for existing residents and the broader region. Response #2 Page 71: The following underlined text was added to the section titled “Affirmatively Furthering Fair Housing (AFFH) Site Analysis”: In addition, the housing element contains several programs to promote housing mobility and improve new housing opportunities throughout the Town for existing residents and the broader region. These include actions to 1) ensure fair housing opportunities are provided and landlords understand their responsibilities under fair housing laws (Programs H-b, H-q, and H-hh); provide rental assistance to make existing apartments more affordable (Program H-x); and provide home match programs to expand affordable housing opportunities (Program H-f). See Table 23 for detailed information on these programs. Comment #3 Sites Inventory: The element must identify sites throughout the community to foster inclusive communities. The element includes some general discussion and conclusions that identified sites for lower-income households are concentrated in central areas of the Town and certain neighborhoods. However, the element should expand on the reasoning for isolating the RHNA for lower income households and discuss whether the distribution of sites improves or exacerbates supporting mobility and housing choice throughout the Town. Further, if the inventory continues to isolate the RHNA for lower-income households, the element must have commensurate programs with place- based strategies for new opportunities through-out the community (beyond RHNA) to result in an equitable quality of life and affirmatively further fair housing (AFFH) throughout the Town. Response #3 Page 71: The following underlined text was added to the section titled “Affirmatively Furthering Fair housing (AFFH) Site Analysis”: With the exception of the Reed School and Mar West sites (Sites 8 and 9), multifamily sites identified to accommodate the lower-income housing need are concentrated in the downtown. In an effort to ensure housing affordable to lower income households was distributed throughout the community, the Town undertook a parcel-by-parcel analysis of all sites outside of the Downtown that were appropriate for high-density multifamily housing and met the following criteria: 1. Over ½ acre; 2. Within walking distance of public transit facilities and services: 3. Not designated as open space; and 4. Not located on steep slopes that were infeasible for high-density multifamily housing. Only two sites met these criteria: the Cove Shopping Center at 1 Blackfield Drive (approximately 2.9 acres) and the Tiburon Baptist Church at 445 Greenwood Beach Rd. (approximately 3.2 acres). Both sites were evaluated at a community workshop, through surveys, and by the Planning Commission and Town Council. For the Cove Shopping Center site, the community explored a mixed use development concept with a residential Response to HCD Comments of December 23, 2022 Page 4 density of 25-30 units per acre, yielding 72-86 units. For the Tiburon Baptist Church site, the community considered a townhome development concept at 20-25 units per acre, yielding 63-79 units. In both instances, the property owners wrote letters to the Town stating that they were not interested in redeveloping their properties and requesting that their properties not be rezoned and be removed from the housing site inventory the Town was preparing for the housing element update. Nonetheless, Program H-kk states the Town will consider rezoning these sites for lower-income housing if the property owner indicates future interest in redeveloping or adding housing to these sites. Sites 1-7 are identified to meet approximately 90% of the Town’s lower income RHNA. Nonetheless, these sites improve housing mobility and housing choice throughout Town by providing smaller and affordable units that allow seniors currently living in Tiburon to downsize while remaining in Town, as well as units for young adult children who are starting careers and families. Furthermore, the housing sites are interspersed among other downtown sites that are identified for moderate and above moderate income housing, thereby ensuring a balanced and integrated residential community in the downtown area. The Downtown chapter of the Town’s General Plan supports the redevelopment of downtown to provide a vibrant residential neighborhood, a walkable district, and a center for community life. These improvements will result in an equitable quality of life for all Tiburon residents. The Town has been working on a comprehensive update of its General Plan over the past two years. The draft Downtown element is here: https://createtiburon2040.org/wp-content/uploads/2022/12/Draft-Downtown-General-Plan-Chapter-text-only.pdf. This new element supports the redevelopment of downtown as discussed above. The updated General Plan will be adopted with the 6th cycle housing element. Comment #4 Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).) Extremely Low-Income (ELI) Households: The element reports some data on the number of existing and projected ELI households, but it must also include an analysis of their housing needs. The analysis should evaluate tenure, overpayment, resources, and strategies available and the gap and magnitude of housing needs to better formulate policies and programs. Depending upon the results of this analysis, the Town may need to add or revise existing programs. Response #4 The number and tenure of ELI households are discussed on pages 22-24. The following underlined text was added to page 24: There are approximately 240 extremely low income households in Tiburon (7.1% of the total number of households), and approximately one-third of these households own their homes. In order to remain in their homes, extremely low income owner households need programs to help reduce housing costs, while extremely low income renter households need programs to limit rent increases. The Housing Element contains Program H-f Response to HCD Comments of December 23, 2022 Page 5 Home Match Services to help extremely low income homeowners develop a source of income and Program H-v Rehabilitation Loan Programs to provide these homeowners with money to make necessary repairs. Program H-aa Tenant Protection Strategies will help to protect extremely low income renters from rising rents. Cost-burdened ELI households are discussed on pages 41-43. The following underlined text was added to the paragraph on page 41 in the section “Cost-Burdened Households”: In Tiburon, 15.1% of all households spend 50% or more of their income on housing, while 16.0% spend 30% to 50%. However, these rates vary greatly across income categories (see Figure 27). For example, 66.7% of Tiburon households making less than 30% of AMI (i.e., extremely low income households) spend the majority of their income on housing. For Tiburon residents making more than 100% of AMI, just 5.1% are severely cost-burdened, and 81.0% of those making more than 100% of AMI spend less than 30% of their income on housing. Cost-burdened senior ELI households are discussed on pages 45-46. The following underlined text was added to paragraph on page 45 in the section “Cost-Burdened Households”: When cost-burdened seniors are no longer able to make house payments or pay rents, displacement from their homes can occur, putting further stress on the local rental market or forcing residents out of the community they call home. Understanding how seniors might be cost-burdened is of particular importance due to their special housing needs, particularly for low-income seniors. 78.9% of seniors making less than 30% of AMI (i.e., extremely low income households) are spending the majority of their income on housing. For seniors making more than 100% of AMI, 80.8% are not cost-burdened and spend less than 30% of their income on housing (see Figure 30). Overcrowded ELI households are analyzed on pages 46-47. The following underlined text was added to page 47: In many communities, overcrowding often disproportionately impacts low-income households. In Tiburon, 0% of very low-income households (below 50% AMI) experience severe overcrowding, while 0% of households above 100% experience this level of overcrowding (see Figure 32). There are no extremely low overcrowded households in Tiburon. Senior ELI households are analyzed on pages 53-54. The following underlined text was added to page 51: Seniors who rent may be at even greater risk for housing challenges than those who own, due to income differences between these groups. The largest proportion of senior households who rent make Greater than 100% of AMI, while the largest proportion of senior households who are homeowners falls in the income group Greater than 100% of AMI (see Figure 38). Extremely low income (0-30% AMI) senior households are more likely to be owners than renters. The following underlined text was added to page 54: Response to HCD Comments of December 23, 2022 Page 6 In addition, programs are included to assist low-income, including extremely low income, seniors in upgrading their homes (Program H-v Rehabilitation Loan Program), maintaining affordability of rentals (Program H-aa Tenant Protection Strategies), and remaining in their homes by sharing housing costs with another individual (Program H-f Provide Home Match Service). Comment #5 Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Overpayment: While the element identifies the percentage of residents overpaying for housing by tenure (pg. 39), it must clearly quantify and analyze the number of lower-income households overpaying for housing by tenure (i.e., renter and owner) and add or modify policies and programs as appropriate. Response #5 The following underlined text and Table 6 were added to the element on page 42: Table 6 shows the number of cost-burdened renter and owner households by income category. Among the lower-income categories, the greatest number of cost-burdened owners are low income households (160), while the greatest number of cost-burdened renters are extremely low income households (320). Table 1: Household Overpayment by Income and Tenure Household by Income & Housing Cost Burden Total Renters Total Owners Extremely Low Income (0-30% of AMI) Cost Burden >30% and <50% 110 70 Cost Burden >50% 90 70 Very Low Income Households (31-50% of AMI) Cost Burden >30% and <50% 50 80 Cost Burden >50% 50 65 Low Income Households (51-80% of AMI) Cost Burden >30% and <50% 120 90 Cost Burden>50% 15 70 Moderate and Above Moderate Income (over 80% of AMI) Cost Burden >30% and <50% 115 555 Cost Burden >50% 0 215 Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release Response to HCD Comments of December 23, 2022 Page 7 Comment #6 An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) The Town has a RHNA of 639 housing units, of which 303 are for lower-income households. To address this need, the element relies on vacant and nonvacant sites, including sites in the yet to be created MU and MS districts. To demonstrate the adequacy of these sites and strategies to accommodate the Town’s RHNA, the element must include complete analyses: Parcel Listing: The element lists parcels by various factors such as size, zoning, and general plan designation. However, it must also include a description of existing use with sufficient detail to facilitate an analysis of the potential for additional development on nonvacant sites. Response #6 Existing uses are described in the individual site descriptions beginning on page 77. The following text was added beginning on page 84 to provide descriptions of existing uses of Sites A-G. SITE A Site A is located at 1555 Tiburon Boulevard and is identified in Table 11 and Figure 46 above. Figure 47 shows the existing condition and a conceptual model for the site. The site is 0.86 acre and the existing use is a parking lot. The site currently is within the Affordable Housing Overlay zone which allows up to 20.7 units per acres. However, the site will be rezoned to a new Mixed Use zoning district that will allow a residential density of 30-35 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. A grocery store and the public library are located on the same block. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with stops near the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The underutilized nature of the parcel makes this site suitable for redevelopment during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 25 units at moderate and above moderate affordability levels. Response to HCD Comments of December 23, 2022 Page 8 SITE B Site B is located at 1599 Tiburon Boulevard and is identified in Table 11 and Figure 46 above. Figure 47 shows the existing condition and a conceptual model for the site. The site is 1.66 acre and contains a 20,079 square foot commercial building; the existing use is a CVS pharmacy. The site currently is within the Affordable Housing Overlay zone which allows up to 20.7 units per acres. However, the site will be rezoned to a new Mixed Use zoning district that will allow a residential density of 30-35 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. A grocery store and the public library are located on the same block. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with stops near the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The aging structure and underutilized nature of the parcel makes this site suitable for redevelopment during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 49 units at moderate and above moderate affordability levels. SITE C Site C is located at 1600 Tiburon Boulevard and is identified in Table 11 and Figure 46 above. The site is 0.39 acre and is currently vacant. The site currently is within the Affordable Housing Overlay zone which allows up to 20.7 units per acres. However, the site will be rezoned to a new Mixed Use zoning district that will allow a residential density of 30-35 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. A grocery store and the public library are located on the next block. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with stops near the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The underutilized nature of the parcel makes this site suitable for redevelopment during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 11 units at moderate and above moderate affordability levels. SITE D Site D is located at 1610 Tiburon Boulevard and is identified in Table 11 and Figure 46 above. The site is 0.13 acre and contains a 4,200 square foot office building constructed in 1960. The site is currently zoned Neighborhood Commercial. However, the site will be rezoned to a new Mixed Use zoning district that will allow a residential density of 30-35 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. A grocery store Response to HCD Comments of December 23, 2022 Page 9 and the public library are located on the next block. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with stops near the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The aging structure and underutilized nature of the parcel makes this site suitable for redevelopment during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 3 units at moderate and above moderate affordability levels. SITE E Site E is located at 1660 Tiburon Boulevard and is identified in Table 11 and Figure 46 above. The site is 0.13 acre and contains a 7,260 square foot office building constructed in 1975. The site is currently zoned Neighborhood Commercial. However, the site will be rezoned to a new Mixed Use zoning district that will allow a residential density of 30-35 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. A grocery store and the public library are located on the next block. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with stops near the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. Although office vacancy rates in Marin County have somewhat recovered from pandemic highs, the office vacancy rate in Marin County in the third quarter of 2022 was 18.4%, while the office vacancy rate in Southern Marin (where Tiburon is located) was 17.4%. A shift to remote work is expected to have long-term impacts on the office rental market, while housing demand remains strong. The aging structure and underutilized nature of the parcel makes this site suitable for redevelopment during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 12 units at moderate and above moderate affordability levels. SITE F Site F is located at 1680 Tiburon Boulevard and is identified in Table 11 and Figure 46 above. The site is 0.29 acre and contains a 3,892 square foot commercial building constructed in 1962. The site is currently zoned Neighborhood Commercial. However, the site will be rezoned to a new Mixed Use zoning district that will allow a residential density of 30-35 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. A grocery store and the public library are located on the next block. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with stops near the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. Response to HCD Comments of December 23, 2022 Page 10 Although office vacancy rates in Marin County have somewhat recovered from pandemic highs, the office vacancy rate in Marin County in the third quarter of 2022 was 18.4%, while the office vacancy rate in Southern Marin (where Tiburon is located) was 17.4%. A shift to remote work is expected to have long-term impacts on the office rental market, while housing demand remains strong. The aging structure and underutilized nature of the parcel makes this site suitable for redevelopment during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 8 units at moderate and above moderate affordability levels. SITE G Site G is located at 26 Main St./2 Juanita Lane and is identified in Table 11 and Figure 46 above. The site is 0.43 acre and contains several buildings comprising approximately 17,930 square feet. The current uses are retail shops, a movie theatre, and a restaurant. Five of the structures were built between 1900 and 1921 and are on the local inventory of historic resources. Nonetheless, redevelopment of the site is possible if the building facades are preserved. The Town met with the property owner in February 2022 who expressed interest in redeveloping the site with housing if the Town would allow residential use on the site at a sufficient density. The owner also stated that ground-floor commercial use would be feasible on the site. The site is currently zoned Village Commercial. However, the site will be rezoned to a new Main Street zoning district that will allow mixed use with a residential density of 20-25 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. A grocery store, the public library, and other services are located within a ½ mile. The Tiburon Ferry Terminal is located on the same block. Marin Transit provides local bus service with stops near the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The property owner interest, aging structures, and underutilized nature of the parcel makes this site suitable for redevelopment during the planning period. Based on a minimum density of 20 du/ac, the site is projected to yield a minimum of 8 units at moderate and above moderate affordability levels. Comment #7 Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the Town must submit an electronic sites inventory with its adopted housing element. The Town must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and- community-development/housing-elements for a copy of the form and instructions. The Town can reach out to HCD at sitesinventory@hcd.ca.gov for technical assistance. Response #7 The Town is aware of the requirement and will submit an electronic version of the sites Response to HCD Comments of December 23, 2022 Page 11 inventory with its adopted housing element. Comment #8 Suitability of Nonvacant Sites: The description of existing uses should be sufficiently detailed to facilitate an analysis demonstrating the potential for additional development in the planning period. For example, the element includes sites with grocery stores, post office, an existing bank, and other businesses, but does not demonstrate whether these existing uses would impede development of these sites within the planning period or are likely to be discontinued. For example, while the element states that the grocery store will be retained on Site 5, it could provide additional information on how the site could be redeveloped with the existing grocery space. In addition, while some analysis was provided for Sites 1-9, no analysis was provided for Sites A-G. The element should also include current market demand for the existing uses, provide analysis of existing contracts that would perpetuate the existing use or prevent additional residential development and include current information on market conditions in the Town and relate those trends to the sites identified. For Site 8, the element should describe the timing for the facilities plan, if the site will be surpluses by the school district, and any conversations with the school district to provide housing. The element must demonstrate the site will be available early enough in the planning period for development to occur. Response #8 The following changes were made to the discussion of Site 5 on page 80-81: Site 5 is located at 1550 Tiburon Boulevard and is identified in Table 11 and Figure 46. The site is 2.21 acres. The site contains a 47,418 square foot shopping center built in 1955 that is currently occupied with a grocery store, bank, retail stores, and offices. The Town met with the property owner in April 2022 who expressed interest in redeveloping the site with housing if the Town would allow residential use at a sufficient density. The property owner also attended a Town Council meeting in April 2022 and requested a density of 40-45 du/ac in order to make it financially feasible to redevelop the site with housing. The Town subsequently rezoned will rezone the site to allow mixed use with a residential density of 30-35 du/ac pursuant to Program H-jj. Similar to Site 5, the Town requires commercial use at the corner of the site. The property owner has expressed their desire to retain the existing grocery store as well as some other commercial uses and recognizes that the development will have to occur in phases to accommodate existing uses. There are no known existing leases or other contracts that would prevent redevelopment. The property owner will work with staff to develop a plan where the grocery store is maintained. The developer and the Town will work on a development scenario which may include phasing of the development to retain the grocery store and other tenants and then relocate once a new building is developed. Although office vacancy rates in Marin County have somewhat recovered from pandemic highs, the office vacancy rate in Marin County in the third quarter of 2022 was 18.4%, while the office vacancy rate in Southern Marin (where Tiburon is located) was 17.4%. A shift to remote work is expected to have long-term impacts on the office rental market, while housing demand remains strong. Similarly, demand for retail space and bricks-and-mortar banks has declined due to online shopping and banking. These trends are expected to continue, reducing the demand for the existing uses. Nonetheless, unit Response to HCD Comments of December 23, 2022 Page 12 capacities for the site have been determined while taking into account retention of the existing grocery store as well as account additional ground-floor commercial space if the property owner determines there is sufficient demand for it. The following underlined text was added to the discussion of Site 6 on page 81-82: Although office vacancy rates in Marin County have somewhat recovered from pandemic highs, the office vacancy rate in Marin County in the third quarter of 2022 was 18.4%, while the office vacancy rate in Southern Marin (where Tiburon is located) was 17.4%. A shift to remote work is expected to have long-term impacts on the office rental market, while housing demand remains strong. Similarly, demand for retail space has declined due to online shopping. These trends are expected to continue, reducing the demand for the existing uses. Nonetheless, unit capacities for the site have been determined while taking into account potential ground-floor commercial space, which could be included in the project if the property owner determines there is sufficient market demand. The following underlined text was added to the discussion of Site 8 on page 83: If the School District chooses not to move forward with housing development on the site, or if the School District takes no action to develop housing on the site by January 31, 2025, the Town will identify and rezone another site or sites to make up for any shortfall in the remaining RHNA for each income category at that time pursuant to Program H-ll. The following underlined text was added to the discussion of Site 9 on page 84: Site 9 is located at 1100, 1110 and 1120 Mar West Drive and is identified in Table 11 and Figure 46 above. The site is made up of three contiguous parcels under the same ownership and combined are 1.36 acres. Each parcel contains a 5,880 square foot office building constructed in 1982. In May 2022, the property owner contacted the Town and requested that the Town consider rezoning the parcels to allow multifamily housing, stating that the office space has been difficult to lease. Although office vacancy rates in Marin County have somewhat recovered from pandemic highs, the office vacancy rate in Marin County in the third quarter of 2022 was 18.4%, while the office vacancy rate in Southern Marin (where Tiburon is located) was 17.4%. A shift to remote work is expected to have long-term impacts on the office rental market, while housing demand remains strong. The site was subsequently rezoned to is currently zoned Office but will be rezoned to a new Mixed Use district that will allow residential use with a density of 30-35 du/ac pursuant to Program H-jj. Commercial use is optional on Site 9. See Response #6 for information added to the housing element to address Sites A-G. Comment #9 In addition, the element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households. For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period (Gov. Code, § 65583.2, subd. (g)(2).). Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA. Response to HCD Comments of December 23, 2022 Page 13 Response #9 A discussion of nonvacant sites appears on page 87. The following underlined text was added to the last paragraph: Nonvacant sites are expected to accommodate more than 50% of the Town’s lower income housing need. Therefore, the Town will include findings, based on substantial evidence, in the resolution adopting the housing element. These findings will be based on the site characteristics described above for Sites 1 through 7 and 9. Comment #10 Sites Identified in the Prior Inventory: Sites identified in prior planning periods shall not be deemed adequate to accommodate the housing needs for lower-income households unless a program, meeting statutory requirements, requires rezoning within three years. The element should clarify if sites, including Site 8, were identified in prior planning periods and if so, which sites and include a program if utilizing previously identified sites in the current planning period. Response #10 Sites identified in the prior inventory are discussed in Section 3.2 “Sites Inventory” on page 68. The following revisions will be made to the fourth paragraph: “Two of the sites projected to accommodate lower-income housing were identified in the previous Housing Element planning period (Sites 3 and 4), although these sites were recently will be rezoned pursuant to program H-jj to increasing increase the maximum residential density from 20.7 units per acre to 35 units per acre (with a minimum required density of 30 units per acre), thereby greatly enhancing the financial feasibility and marketability of the parcels.” Although Site 8 was listed in “Summary of Site Inventory and Relationship to the Town’s RHNA” in the Town’s 5th cycle housing element (page 67), no development was projected on the site in the table and there is no discussion of potential development of the site in the housing element. Therefore, Site 8 was not part of the Town’s 5th cycle housing element site inventory. Comment #11 Use of SB 9 Senate Bill 9 (Statutes of 2021) Projections: The element is projecting development of four single-family homes on each qualifying vacant single-family lot in Appendix C for a total of 174 units based on the passage of SB 9 (Statutes of 2021) to accommodate a portion of its above moderate income RHNA. To utilize projections based on SB 9 legislation, the element must support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through SB 9 and include programs and policies that establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development at the anticipated development levels. Response to HCD Comments of December 23, 2022 Page 14 Response #11 [Staff has sent a letter to all qualified property owners to establish owner interest. Response #11 will be drafted after January 18th.] Comment #12 Environmental Constraints: While the element includes a column of environmental constraints on its sites inventory and generally describes the Flood Hazard Area, it must describe how conditions relate to identified sites including how environmental conditions could impact housing development in the planning period. (Gov. Code, § 65583.2, subd. (b).) The Town should also provide analysis on how local policies to mitigate environmental hazards may impact housing development. Response #12 Page 66: In addition to the column of constraints shown in Table 11, the element contains a description of environmental constraints on page 69. The following underlined text was added to the analysis: Sites 1-7, 9, and A-G are located in, or partially in, a Special Flood Hazard Area with a 1 percent or greater chance of flooding within any given year. The Town requires all new buildings in Special Flood Hazard Areas to be built with finished floors at least two feet above base flood elevations established by FEMA. This requirement has been taken into account when modeling potential building forms and evaluating unit capacities on each site. Due to the presence of a high water table, no underground parking was assumed in the modeling, which greatly reduces development costs and increases feasibility of the proejct. Furthermore, new development standards created for the purpose of implementing the new Mixed Use and Main Street zoning districts ensure the unit capacities identified in Table 10 can be achieved on each parcel. New buildings are required to comply with the Town’s ordinances that address flood damage prevention, which are contained in Chapter 13D of the Municipal Code. While they add to the cost of development, they are considered necessary for the safety and welfare of residents, and they have not deterred other redevelopment projects in the Downtown. As a result, the presence of the floodplain and the potential for flooding is not a constraint on development. All housing opportunity sites are located in the Wildland-Urban Interface (WUI), as are virtually all parcels in Tiburon. The California Building Code addresses the wildland fire threat to structures by requiring that structures located in state or locally designated WUI areas be built of fire-resistant materials. Both the Tiburon Fire Protection District and the Southern Marin Fire District, which serve Tiburon, have adopted more stringent building standards for new construction and require a vegetation management plan to create and maintain defensible space. While these requirements may add to the cost of development, they are considered necessary for the safety and welfare of the residents, and they are not expected to constrain new housing development in the planning period. Comment #13 Response to HCD Comments of December 23, 2022 Page 15 Sites with Zoning for a Variety of Housing Types: Emergency Shelters: While housing element law does allow a jurisdiction to limit the number of beds or persons permitted to be served nightly by a facility, standards must be designed to encourage and facilitate the development of, or conversion to, an emergency shelter. The element must analyze the 10-bed limit as a potential constraint for the development of emergency shelters. In addition, the element should describe how emergency shelter parking requirements meet AB139/Government Code section 65583, subdivision (a)(4)(A) requirements or include a program. Response #13 The following underlined text was added to the discussion of Homeless Shelters on page 92: The Town analyzed the 10-limit bed requirement as a potential constraint to development. The Town contacted Homeward Bound of Marin, the largest provider of emergency shelters in Marin County. According to Homeward Bound, there is no ideal size for an emergency shelter, as each shelter has different funding sources and operating revenue streams. For example, Homeward Bound has a 6-bed medical respite shelter in Novato and a 10-bed mental health shelter in San Rafael. They also have a 25-bed family shelter in San Rafael, a 38-bed adult shelter in San Rafael, and an 80-bed adult shelter in Novato. As a result, the Town concludes that the 10-bed limit is not a constraint on development. Government Code 65583(a)(4)(A)(ii) sates that the local jurisdiction may apply written, objective standards to provide “[s]ufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.” Tiburon Municipal Code (TMC) Section 18.16.320 Emergency Shelters does not specify parking requirements. Division 16-32 Parking and Loading Standards lists standards for residential and commercial uses but does not specifically address emergency shelters. Program H-nn has been added to the housing element to establish parking requirements for emergency shelters in compliance with the state code. The following program was added to page 142: H-nn Parking for Emergency Shelters. Revise the Zoning Code to specify parking requirements for emergency shelters that comply with Government Code section 65583, subdivision (a)(4)(A). Responsibility: Community Development Department, Planning Commission, Town Council Financing: Staff time Objectives: Ensure the Town’s Tiburon Code complies with state law. Timeframe: By January 31, 2024. Comment #14 Supportive Housing: Permanent Supportive Housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones Response to HCD Comments of December 23, 2022 Page 16 permitting multifamily uses pursuant to Government Code section 65651. The element must demonstrate compliance with this requirement and include programs as appropriate. Response #14 The following changes were made to the discussion of Transitional Housing and Supportive Housing on page 91: The Tiburon Zoning Ordinance treats transitional and supportive housing in the same manner as other residential uses. Transitional and supportive housing are permitted uses in all residential zones and are conditionally permitted uses in the MUL, MH, NC and VC zoning districts. State law requires supportive housing to be a use by-right in commercial zones where multifamily and mixed use are permitted, subject to the requirements of Government Code 65651. The Zoning Code will be amended to comply with state law pursuant to Program H-mm. The following program was added to page 142: H-mm Supportive Housing. Revise the Zoning Code to make supportive housing a permitted use in all commercial zones that allow multifamily and mixed use housing, including the Mixed Use, Neighborhood Commercial, Main Street, and Village Commercial districts, pursuant to Government Code 65651. Responsibility: Community Development Department, Planning Commission, Town Council Financing: Staff time Objectives: Ensure the Town’s Tiburon Code complies with state law. Timeframe: By January 31, 2024. Comment #15 An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. (Gov. Code, § 65583, subd. (a)(5).) Affordable Housing Overlay Zone: The element includes description of an Affordable Housing Overlay. While some information was provided on how the overlay allows residential the element should clarify where it applies and whether it will apply over any of the sites identified in the inventory. Response #15 The following underlined text was added to the discussion of the Affordable Housing Overlay on Page 102: Response to HCD Comments of December 23, 2022 Page 17 As discussed above, the Town will adopt new Mixed Use, Main Street, and R-4 zoning districts with the adoption of the Housing Element. These new zoning districts allow a greater housing density than currently permitted under the AHO and will supersede the former designations. The only remaining area covered under the AHO will be a 1.1-acre portion of the Cove Shopping Center site, which is unlikely to be developed during the current housing element period and was not included in the Sites Inventory (Table 11). Comment #16 Processing and Permit Procedures: While the element includes information about processing times, it should also describe the procedures by type of housing, zone, permit type, and approval body. In particular, the element should describe how projects in the MU zone will be processed and objective design standards and findings used to determine approval by the Design Review Board. The analysis should address the approval body, the number of public hearing if any, approval findings and any other relevant information. The analysis should address impacts on housing cost, supply, timing and approval certainty and add or modify programs as appropriate. Response #16 The following underlined text was added to Section 4.4 on page 110-11 to describe how projects in the MU and MS zones be processed: In Tiburon’s Mixed Use and Main Street zones, qualified residential projects that are consistent with Senate Bill 35 will be processed through a ministerial and streamlined approval process. As described above, for projects that are consistent with State Law (i.e., Senate Bill 330), a “preliminary application” is allowed for a development project that includes residential units; a mix of commercial and residential uses with two-thirds of the project’s square footage used for residential purposes; or transitional or supportive housing. Upon submittal of an application and a payment of the permit processing fee, a housing developer is allowed to “freeze” the applicable fees and development standards that apply to their project while they assemble the rest of the material necessary for a full application submittal. After submitting the preliminary application to the Town, an applicant has 180 days to submit a full application, or the preliminary application will expire. Public hearing for applicable housing development projects that are consistent with SB 330 in the MU and MS are limited to five hearings, including Planning Commission, Town Council, and appeal hearings. Eligible projects consistent with SB 35 and SB 330 are required to comply with objective zoning standards and General Plan requirements. For projects subject to CEQA. CEQA hearings or hearings related to zoning variances or code exemptions are not including in the public hearing limit. All other development projects in the MU and MS zones will follow the current zoning requirement, which requires two discretionary permits for residential development. The Planning Commission must approve a Conditional Use Permit for the residential use and the Design Review Board must approve a Design Review permit. Each process is separate, and processing is sequential. This means that a very similar task/timeline to that shown above is first performed by the Planning Commission and then by the Design Review Board, with only the environmental review portion not being repeated by the Design Review Board. Response to HCD Comments of December 23, 2022 Page 18 Comment #17 Fees: The element must describe all required fees for single-family and multifamily housing development, including impact fees, and analyze their impact as potential constraints on housing supply and affordability. The element should provide analysis for disproportionately high fees that may post constraints that may hinder the locality from meeting its regional housing need including but not limited to the business licensing fee and street impact fee for residential development. The element should include an evaluation of these fees and add programs to address the constraint as appropriate. Specifically, the element should describe the business licensing fee for residential development and the street improvement fee. Response #17 Similar to other local governments in California, Tiburon charges business license fees to all businesses located in Tiburon or conducting business within Tiburon, including general contractors and subcontractors. Business license fees are charged at the time a building permit is issued to contractors who do not already have a business license in Tiburon. As this is not a direct development fee and is typically not included in the fee analysis, it has been removed from Table 20 on page 107. Fee totals were updated and errors corrected. The following changes were made to the discussion of fees on page 107: As shown in Table 20, total fees and exactions for a single family house represent about 2.8% to 4.1% of the total development cost, while fees and exactions represent approximately 2.2% of the multifamily development cost. Planning and building fees charged by the Town represent 1.8%-1.9% of the single family house development cost and 1.7% of the multifamily development cost. The Town does not have the authority to waive or reduce fees collected on behalf of special districts. The following underlined text was added to the discussion of the street impact fee in the Impact Fees section on page 105: The Town charges a Street Impact Fee equal to 1% of the project valuation. The street impact fee nexus study was originally completed in April 1999 and updated in October 2004. The purpose of the fee is to maintain the Town’s public street system by partially offsetting the cost of road maintenance and repair cause by construction activity. Street Impact Fees are based on the valuation of the construction projects that generates construction traffic that will damage and degrade the public street network. The nexus study determined that there was a reasonable relationship between the fee and the purpose for which it is charged. Overlay, repair, and reconstruction of the Town’s public street network is an ongoing process which requires an ongoing funding source. The Town combines Street Impact Fee revenues with state gas tax monies, general fund revenues, and other sources in an effort to maintain the Town’s public street network. The following changes were made to the discussion of fees on page 108: While these These costs are typical for the market area and do not pose a constraint on the development of market rate housing in Tiburon. However, development fees and exactions can pose a constraint to the development of affordable housing. In an effort to remove this constraint, the Town waives and/or reduces fees, including the Street Response to HCD Comments of December 23, 2022 Page 19 Impact Fee, for affordable housing developments and inclusionary units. Program H-cc directs the Town to continue to waive or reduce fees for affordable housing developments and inclusionary units. Comment #18 Zoning, Development Standards and Fees: The element must clarify compliance with new transparency requirements for posting all zoning, development standards and fees on the Town’s website and add a program to address these requirements, if necessary. Response #18 The following underlined text was added to Section 4.3 Fees and Exactions on page 104: Pursuant to Government Code 65940.1(a)(1), the Town posts all development fees, zoning ordinances, and development standards on its website. Comment #19 Local Ordinances: The element must specifically analyze locally adopted ordinances such as inclusionary ordinances or short-term rental ordinances that directly impact the cost and supply of residential development. While the element describes the framework of inclusionary requirements and available alternatives, it must also analyze their impact as potential constraints on the development of housing for all income levels, specifically housing supply and affordability. Specifically, the element should evaluate the impacts of requirements for “comparable amenity level”. Response #19 The following underlined text was added to the discussion of the Inclusionary Housing Ordinance on page 103: Inclusionary units must be comparable in size square footage and interior amenity level and exterior design must be indistinguishable in appearance to market rate units. This can add to the cost of affordable units. However, the Town may provide an exception to this requirement as an incentive or concession under density bonus law. In order to improve the feasibility of affordable units and provide objective standards, Program H-ee directs the Town to define the interior amenities subject to the ordinance and to allow lower cost substitutions that do not compromise performance or functionality. The following changes were made to program H-ee on page 139: H-ee Implement “Affordable Housing Overlay Zone” and Inclusionary Housing Ordinance. Annually monitor and evaluate the effectiveness of the Affordable Housing Overlay Zone and Inclusionary Housing Ordinance as part of the annual Housing Element review (see Program H-i). As part of the annual review The Town will determine if the number and/or percentage of affordable units required by income category need to be adjusted in order to achieve the Town’s affordable housing Response to HCD Comments of December 23, 2022 Page 20 goals without unduly impacting overall housing production and supply. The Town will amend the zoning ordinance as necessary. 1. Amend the Inclusionary Housing Ordinance to identify the interior amenities subject to the ordinance and provide objective standards that allow lower-cost substitutions that do not compromise performance or functionality. Responsibility: Community Development Department, Town Manager, Planning Commission, Town Council Financing: General Fund, Redevelopment Set-Aside, Housing Fund, other funding. Objectives: Development of housing sites A-G by 2030 Timeframe: Ongoing. Amend the Inclusionary Housing Ordinance within one year of Housing Element adoption. Comment #20 Housing for Persons with Disabilities: The element briefly describes its reasonable accommodation procedures. However, the element should also describe the process and decision-making criteria such as approval findings and analyze any potential constraints on housing for persons with disabilities. In addition, the element must describe any zoning code definitions of family and any spacing or concentration requirements for housing for persons with disabilities. Response #20 The following underlined text was added to the section Procedures for Ensuring Reasonable Accommodation on page 114: The reviewing authority issues a written determination within 45 days to grant, grant with modifications, or deny a request for reasonable accommodation that is consistent with fair housing laws based on the following factors: 1. Whether the housing which is the subject of the request will be used by an individual considered disabled under the Acts. 2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts. 3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the town. 4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a town program or law, including but not limited to land use or zoning. 5. Potential impact on surrounding uses. 6. Physical attributes of the property and structures. 7. Alternative reasonable accommodations that may provide an equivalent level of benefit. Response to HCD Comments of December 23, 2022 Page 21 A determination by the review authority to grant or deny a request for reasonable accommodation may be appealed within ten days of the decision to the Town Council. Intermediate or community care facilities as defined by state law, or any other residential care facility for the handicapped (as defined by the Fair Housing Act), located in a single-family dwelling are permitted in all residential zones by right. The zoning code defines “intermediate care facility” and “community care facility” as “any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes residential facilities, adult day care facilities, day treatment facilities, foster family homes, small family homes, social rehabilitation facilities, community treatment facilities, and social day care facilities (Health and Safety Code Sections 1500 et seq.).” The Town does not require a minimum distance between these facilities. The zoning code defines the term “family” as “one or more persons occupying a dwelling and living as a single, domestic housekeeping unit, as distinguished from a group occupying a hotel or motel, club, fraternity or sorority house.” The analysis does not identify any potential constraints on housing for persons with disabilities. Comment #21 Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).) While the element quantifies most of the Town’s special needs populations, the element must also analyze their special housing needs. For a complete analysis of each population group, the element should discuss challenges faced by the population, the existing resources to meet those needs (availability senior housing units, number of large units, number of deed restricted units, etc.,), and an assessment of any gaps in resources. Response #21 The following underlined text was added to the section on Large Households on page 49: The unit sizes available in a community affect the household sizes that can access that community. Large families are generally served by housing units with 3 or more bedrooms, of which there are 2,555 units in Tiburon. Among these large units with 3 or more bedrooms, 18.2% are renter-occupied and 81.8% are owner-occupied (see Figure 35). The supply of large housing units with 3 or more bedrooms far exceeds the number of households with 5 or more persons (2,555 units vs. 326 large households), indicating that many households are over-housed. Increasing the supply of smaller units would assist smaller households, including senior households, to downsize, thereby rebalancing the housing stock. Considering that 23.5% of large households are paying Response to HCD Comments of December 23, 2022 Page 22 more than 30% of their income on housing costs (approximately 77 large households), there is also a need for affordable large units. The following underlined text was added to the section on Female-Headed Households on page 51: In Tiburon, 15.7% of female-headed households with children fall below the Federal Poverty Line (20 households), while 0% of female-headed households without children live in poverty (see Figure 37). There is a limited supply of deed-restricted, affordable housing for female-headed households in Tiburon. Developments include the Hilarita Apartments (91 units), the Tiburon Hill Estates (16 units), and Point Tiburon Marsh (20 units). There is a need for affordable housing for female-headed households in Tiburon. The following underlined text was added to the section on Seniors on page 53: There are limited options for seniors seeking deed-restricted, affordable housing. There are only two affordable housing developments dedicated to seniors: Cecilia Place with 16 studios for low-income seniors, and Bradley House with 15 units for low-income elderly/disabled individuals. Both have waiting lists. As discussed previously, the majority of low-income senior residents are cost-burdened. There is a need for affordable senior housing, as well as strategies to help seniors to generate income through ADUs, JADUs, and homesharing so they may age in place. There are no senior independent living, assisted living, residential care, or skilled nursing care facilities in Tiburon. With nearly 12% of the Tiburon population is age 75 or older, there is a critical need for these types of facilities. Comment #22 Analyze existing assisted housing developments that are eligible to change to non-low- income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).). The element states the Town has a portfolio of 104 units of affordable housing units that are at low risk of conversion to market rate (pg. 35). However, it appears as if this listing of projects may not accurately reflect the possibility for conversion to market rate. Pursuant to information provided to HCD from the California Housing Partnership, the Bradley House (15-units located on 101 Esperanza) may also be at risk of conversion during the next ten years. Additionally, the element states that Point Tiburon Marsh (20-units of located on 22 Marsh Road) is at low-risk despite having 30- year affordability terms first established in 1987. If these projects are at risk of conversion to market rate within the ten-year period, a full analysis must include and estimated total cost for producing, replacing and preserving the units at-risk, and identification of public and private nonprofit corporations known to the Town to have the legal and managerial capacity to acquire and manage at-risk units, and an identification and consideration of use of federal, state and local financing and subsidy programs. Depending upon the results of that analysis, the Town may need to revise or add programs. Response #22 Response to HCD Comments of December 23, 2022 Page 23 The following underlined text was added to the section on Assisted Housing Developments At- Risk of Conversion on page 35-36: Bradley House is a 15-unit housing development that provides a mix of studio and one- bedroom apartments for low-income seniors and the disabled. According to the California Housing Partnership (CHP), 12 of the 15 units at Bradley House are identified as being funded through a HUD program with an estimated affordability end date of 12/31/30. CHP considers these to be at low risk of being converted to market rate because they are owned by a large and stable non-profit, mission driven developer. The property is owned by the Marin Housing Authority through its nonprofit housing corporation, Marin County Housing Development Financing Corporation, It is managed by EAH Housing, one of the largest affordable housing developers in Marin County. In the unlikely event that the Marin Housing Authority wished to sell the property, EAH indicated they would be interested in purchasing the property and maintaining the current affordability levels. Other nonprofit affordable housing providers that operate in Marin County include Bridge Housing, Mercy Housing, and Eden Housing. EAH said they would pursue the typical funding programs to purchase the development, including tax credits and federal, state, county, and local funding sources. A one-bedroom 672 square foot condo sold in October 2022 for $665,000, indicating that 12 similar-sized units would sell for approximately $7,980,000. Program H-n directs the Town to monitor the potential expiration of funding and to assist in maintaining the affordability of the development. The 20 affordable moderate-income units at Point Tiburon Marsh were developed in 1987 with 30-year affordability requirements. Each owner is locked into a 30-year affordability period, and the 30-year period starts over with each new owner. Unless a unit is held by the same owner for 30 years or more, the affordability will be in perpetuity. The Town has a first right of refusal to purchase the affordable units as they come up for resale. Currently, the Town owns eight of the units. The Town in turn rents these units to Town employees, or Tiburon Peninsula public agencies, in accordance with the Town’s adopted policy to rent to moderate-income households. Most recently, the Town purchased a unit in 2019 for $228,243. In addition to the purchase price the Town paid for closing costs and completed minor repair before placing the unit into service. The total cost to acquire and prepare the unit for use was approximately $245,000. There are two affordable units at Point Tiburon Marsh with thirty year-affordability terms that are set within the next ten years: 16 Marsh Road expires on 6/30/28 and 28 Marsh Road expires on 8/4/28. It is the Town’s desire to purchase the Point Tiburon Marsh units when they become available. The Town’s Low-Moderate Income Housing Fund and Town-Owned Housing Units Fund are used to purchase and maintain below-market-rate units. The resources currently available in the fund total approximately $1.53 million. If the Town does not purchase the unit, Marin Housing Authority will resell the unit to another low or moderate income buyer. If the current owner of 16 Marsh Road or 28 Marsh Road still owns the unit when the affordability term expires in 2028, the unit will no longer be subject to an affordability requirement. Program H-u “Provide Public Employee Housing Assistance” directs the Town to utilize the Town’s Low-Moderate Income Housing Fund and Town Owned Housing Units Fund to purchase below market rate units as they become available and to maintain the Town’s portfolio of Town-owned affordable housing. Response to HCD Comments of December 23, 2022 Page 24 The following action was added to program H-n Work with Non-Profits on Housing on page 128: 7. Monitor the potential expiration of HUD-subsidized funding of Bradley House at the end of 2030 and assist in maintaining the affordability of the development by contacting affordable housing developers and assisting in identifying and applying for federal, state, and local financing and subsidy programs. The following changes were made to Program H-u on page 131: H-u Provide Town Public Employee Housing Assistance. Identify opportunities for local government and public agency employees (especially public safety personnel) to find housing locally through such efforts as acquisition of affordable units, construction of workforce housing at public facilities or parking lots, or subsidizing mortgages or rents. Utilize the Town’s Low-Moderate Income Housing Fund and Town Owned Housing Units Fund to purchase below market rate units as they become available and to maintain the Town’s portfolio of Town-owned affordable housing. Comment #23 Housing Programs Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) To address the program requirements of Government Code section 65583, subd. (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the Town’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. Programs must demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. Deliverables should occur early in the planning period to ensure actual housing outcomes. All programs should be evaluated to ensure meaningful and specific actions and objectives. Programs containing unclear language (e.g., “Evaluate”; “Consider”; “Encourage”; etc.) should be amended to include more specific and measurable actions. Programs to be revised include, but are not limited to, the following: Program H-a (Focus Town Resources on Housing Opportunity Sites): As demonstrated in the review of previous housing element programs, this program was not successful. The element should modify this program to increase success based on past outcomes Response to HCD Comments of December 23, 2022 Page 25 including describing what specific actions will be taken to implement the program. Program H-b (Improve Community Awareness of Housing Needs, Issues, and Programs): Provide expected timeframes for completion of for all actions. Also, the program should be expanded to promote programs beyond fair housing to align with program description. Goal H-c (Community Outreach when Implementing Housing Element Programs): Provide specific actions for implementation and coordination. Program H-d (Foster Meaningful Assistance from Other Agencies): Describe metrics or objectives of this program to measure success. The Town could consider expanding the program beyond housing related programs to include other community development efforts. Program H-f (Conduct Outreach for Developmentally Disabled Housing and Services): Provide specific actions for implementation. Program H-G (Foster Meaningful Assistance from Other Agencies): Provide specific timeframes for implementation. Program H-n (Work with Non-Profits on Housing): Describe how the town will work with non-profits in relationship to housing sites and facilitate development. Program H-z (Coordination with Affordable Housing Providers): What is the timeframe for implementation. Program H-aa (Tenant Protection Strategies): Need firmer commitment beyond “explore”. Response #23 Program H-a is duplicative of other programs in the Housing Element. Town resources include funding and staff and public officials’ time. The expenditure of Town funding is covered under Program H-u Provide Public Employee Housing Assistance, which has been revised to specifically identify the Town’s Town Owned Housing Fund as a source of funding, H-m Redevelopment Funding, and H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites, which has been revised to specifically identify the Town’s Low and Moderate Income Housing fund as a source of funding for affordable projects. Staff and public official resources in the service of affordable housing development are covered under many other programs, including H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites and H-n Work with Non-Profits on Housing. Program H-a has been deleted. Program H-b has been revised as follows on page 123: H-b Improve Community Awareness of Housing Needs, Issues, and Programs. The Town will provide information and promote programs and resources for affordable housing, homebuyer assistance, rental assistance, housing rehabilitation, energy efficiency and decarbonization of homes, fair housing, reasonable accommodation requests, and sources of income laws through the Response to HCD Comments of December 23, 2022 Page 26 following means: 1. Maintain a page on the Town’s website that describes housing programs (such as Residential Rehabilitation Loans, Housing Choice Vouchers, Home Match, and the Affordable Housing and Home Buyer Readiness Program), affordable housing sources (such as the Below Market Rate Home Ownership Program), senior and disabled housing sources and services, fair housing laws, and landlord and tenant resources and provide direct links to County agencies and other resources that administer programs and/or provide more detailed information. 2. Include information on housing programs, affordable housing sources, senior and disabled housing sources and services, fair housing laws, and landlord and tenant resources in Town newsletters and other general communications that are sent to residents. 3. Maintain information and handouts at the Town’s public counter, including brochures published by Fair Housing Advocates of Northern California. 4. Train selected Town staff to provide referrals. 5. Distribute information on programs at public locations (library, schools). 6. Collaborate with other agencies and local jurisdictions (County of Marin, Marin Housing Authority, Chamber of Commerce, EAH) to prepare presentations and distribute informational materials to improve awareness of housing needs, issues, fair housing, and available housing programs. 7. Distribute materials and brochures to neighborhood groups, homeowner associations, property owners and managers, real estate agents, ADU owners, religious institutions, businesses, and other interested groups (Rotary, Chamber of Commerce, etc.). 8. Adopt a Fair Housing Month proclamation each year. Responsibility: Administration, Community Development Department Financing: General Fund Objectives: Obtain and distribute materials; coordinate with other organizations. Timeframe: Update website and distribute handouts and brochures, and complete actions 1-8 by 2024. Dedicate one Town newsletter each year to promote housing programs and resources and educate community members on fair housing laws. Program H-c (Community Outreach When Implementing Housing Programs) on page 123 was revised to include the following underlined text on page 124: H-c Community Outreach when Implementing Housing Element Programs. Coordinate with local businesses, housing advocacy groups, neighborhood groups, and the Chamber of Commerce in building public understanding and support for workforce and special needs housing and other issues related to housing, including the community benefits of affordable housing, mixed-use, and pedestrian-oriented development. The Town will notify a broad representation of the community when housing programs are discussed by the Planning Commission or Town Council. Specific outreach activities include: 1. Maintain the Housing Element mailing list and send public hearing notices to all interested community members, non-profit agencies, and affected property owners. 2. Post notices at Town Hall, the library, and the post office. Response to HCD Comments of December 23, 2022 Page 27 3. Publish notices in the local newspaper. 4. Post information on the Town’s website. 5. Conduct outreach (workshops, neighborhood meetings) to the community as Housing Element programs are implemented. Invite local businesses, housing advocacy groups, neighborhood groups, and the Chamber of Commerce to make presentations and participate in workshops and neighborhood meetings. 6. Utilize local businesses, housing advocacy groups, neighborhood groups, and the Chamber of Commerce when conducting focus groups, surveys, and distributing information to their clients and members. Program H-d (Inclusive Outreach) was revised to include the following underlined text on page 125: H-d Inclusive Outreach. Conduct targeted outreach to underrepresented community members, including the disabled, seniors, low-income households, people of color, and people who do not speak English as a first language. Provide housing-related materials in Spanish and provide language translation on the Town’s website. Provide surveys in Spanish and Spanish translation for workshops, and conduct focus groups with underrepresented community members. Utilize the Town’s affordable housing providers, Chamber of Commerce, and community groups representing protected class members to assist in outreach efforts. Responsibility: Community Development Department Financing: Staff time, General Fund Objectives: Outreach to underrepresented communities, resulting in participation that reflects the make-up of the community, measured by recording demographic information (race, ethnicity, primary language, age, household income, etc.) of survey, focus group, and workshop participants. Timeframe: Targeted outreach to occur in conjunction with the housing element update cycle and annually with a campaign to publicize affordable housing resources Regarding HCD’s suggestion that the Town could consider expanding Program h-d beyond housing related programs to include other community development efforts, the Town is preparing a General Plan Update which includes a new element on Diversity, Equity and Inclusion. Inclusive outreach is comprehensively covered in this new element. The draft chapter is available here: https://createtiburon2040.org/wp- content/uploads/2022/12/Draft-General-Plan-Equity-Diversity-and-Inclusion-Chapter.pdf Program H-G (Foster Meaningful Assistance from Other Agencies) was revised as follows on page 125: H-g Foster Meaningful Assistance from Other Agencies. Town staff will meet and work with other public agencies and special districts (water, fire, schools, sanitary districts, etc.) to promote affordable housing through the provision of fee waivers, fee reductions, development of property, or other assistance for affordable housing projects. Responsibility: Town Manager, Community Development Department Response to HCD Comments of December 23, 2022 Page 28 Financing: General Fund, Redevelopment Funds, other funding (see funding programs) Objectives: Assistance and incentives for affordable housing Timeframe: Ongoing. Annual outreach to public agencies and special districts to identify affordable housing initiatives with monthly meetings to develop and implement initiatives until projects are complete. Program H-h (Conduct Outreach for Developmentally Disabled Housing and Services) was revised on page 126 to provide specific actions for implementation as follows: H-h Conduct Outreach for Developmentally Disabled Housing and Services. Work with the Golden Gate Regional Center to implement an outreach program that informs families within Tiburon on housing and services available for persons with developmental disabilities. Provide information on services on the Town’s website and distribute brochures supplied by the service providers. The Town will take the following specific actions in 2023: 1. Contact the Golden Gate Regional Center (GGRC) and establish a working relationship with a specific contact person. Enquire about other service providers that should be included in the Town’s outreach. 2. Request written information from the GGRC and other service providers on housing and services available for persons with developmental disabilities for posting on the Town’s website and inclusion in the Town’s newsletter. 3. Request brochures from the GGRC and other service providers on housing and services at Town Hall. 4. Discuss other actions with the GGRC the Town could take to promote housing and services available for the developmentally disabled and create an outreach program with specific steps for implementation. Responsibility: Community Development Department Financing: General Fund Objectives: Support programs to address needs of the developmentally disabled Timeframe: Initiate a cooperative outreach program with the Golden Gate Regional Center in 2023 Program H-n (Work with Non-Profits on Housing) was revised on page 127 as follows: H-n Work with Non-Profits on Housing. The Town will work with non-profits to assist in achieving the Town’s housing goals and implementing programs. Coordination should occur on an ongoing basis, and as special opportunities arise related to specific housing sites and as the Housing Element is implemented. The Town will reach out to developers of supportive housing to encourage development of projects targeted for persons with disabilities, including developmental disabilities. The Town will also reach out to developers of affordable housing for extremely-low income households. The Town will take the following specific actions: 1. Develop a list of affordable and supportive housing developers, identify primary contacts, and establish working relationships. Response to HCD Comments of December 23, 2022 Page 29 2. Maintain a list of housing opportunity sites and discuss potential housing development on these sites as well as other housing sites and opportunities. 3. Discuss development standards and permit processing procedures relevant to potential housing sites. 4. Discuss incentives the Town can offer, including priority processing, density bonuses and concessions, fee waivers or deferrals, and modification of development standards. 5. Identify available funding sources, including the Town’s Low-Moderate Income Housing Fund, as well as other sources the Town could apply for. 6. Discuss potential community outreach activities to gain community acceptance of affordable housing development. 7. Monitor the potential expiration of HUD-subsidized funding of Bradley House at the end of 2030 and assist in maintaining the affordability of the development by contacting affordable housing developers and assisting in identifying and applying for federal, state, and local financing and subsidy programs. Responsibility: Community Development Department Financing: Staff time Objectives: Ongoing working relationship with non-profit housing sponsors Timeframe: Outreach to non-profits by the end of 2023 and every two years thereafter Program H-z (Coordination with Affordable Housing Providers) has been revised as follows on page 134: H-z Coordination with Affordable Housing Providers. Work with affordable housing providers and managers to ensure affordable units are well-maintained. Conduct outreach to affordable housing tenants on code enforcement issues and procedures for filing complaints. Facilitate communication between tenants and affordable housing providers and managers and work to resolve issues of concern. Responsibility: Community Development Department Financing: General Fund Objectives: Protection of the Town’s affordable housing stock Timeframe: Ongoing Proactive outreach to affordable housing providers, managers, and tenants in 2024 and biennially thereafter. As concerns arise, participate in meetings at least monthly to resolve issues. Program H-aa (Tenant Protection Strategies) was revised to include the following underlined text on page 135: The Town will take the following actions: 1. Participate in countywide meetings with planning staff from all Marin jurisdictions to review best practices and develop model ordinances for the tenant protection strategies identified above in 2024. Work with Fair Housing of Northern California and Legal Aid of Marin to develop strategies and prepare model Response to HCD Comments of December 23, 2022 Page 30 ordinances. 2. Conduct study sessions with the Planning Commission and Town Council to understand needs and best practices for the tenant protection strategies identified above in 2025. Invite Fair Housing of Northern California and Legal Aid of Marin to present at and participate in the study sessions. 3. Prepare ordinances at Town Council direction and bring forward for Planning Commission and Town Council consideration of adoption in 2025. Comment #24 Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single- room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding B41, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the Town may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows: The element indicates that sites identified in the downtown commercial areas will need to be rezoned to a new Mixed-Use (MU) designation to allow for residential uses and the appropriate densities to accommodate the RHNA. However, it is unclear from the sites inventory the timing for when those rezones will occur. In addition, as the element states that the objective standards have not yet been developed for the MU designation, a program should be identified to ensure that development standards facilitate housing development at the maximum allowable density for the MU zone. Please note that if zoning is not in place by the beginning of the planning period (January 31, 2023), for sites that are expected to accommodate the Town’s lower-income RHNA, programs must commit to housing element rezone requirements pursuant to Government Code section 65583.2 (h) and (i). Specifically, the program must identify acreage, allowable densities, and anticipated units to be rezoned and must commit to • permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to 1 Finding B4 is identified as Comments #6-14 in this document. See Response #6-14 for the required additional site analysis. Response to HCD Comments of December 23, 2022 Page 31 lower-income households. By-right means local government review must not require a conditional use permit, planned unit development permit, or other discretionary review or approval; • accommodate a minimum of 16 units per site; • require a minimum density of 20 units per acre; and • At least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all of the very low and low-income housing need, if those sites: • allow 100 percent residential use, and • require residential use occupy 50 percent to the total floor area of a mixed-use project. Program H-dd (Work with Non-Profits and Property Owners on Housing Opportunity Sites): Describe how the Town will facilitate lot consolidation of the sites in the inventory. Response #24 The following programs were added to the housing element beginning on page 140: H-jj Rezone Housing Opportunity Sites. Establish new Mixed Use, Main Street, and R-4 zoning districts and objective design and development standards for those districts that facilitate development at the realistic unit capacities and densities established in Table 11 for each site. Rezone Sites 1-7, 9, and A-F to Mixed Use, Site 8 to R-4, and Site G to Main Street. As reflected in Table 11, Sites 1-9 are identified to accommodate a portion of the lower-income RHNA. These will be rezoned to: 4. require the minimum density identified in Table 11; 5. permit owner-occupied and rental multifamily uses by right pursuant to Government Code section 65583.2(i) for developments in which 20 percent or more of the units are affordable to lower income households; 6. allow 100 percent residential use; and 7. require residential use occupy at least 50 percent of the total floor area of a mixed use project. Responsibility: Community Development Department, Planning Commission, Town Council Financing: General Fund Objectives: Rezone housing opportunity sites early in the planning period to facilitate housing at all income levels. Timeframe: Establish new districts and objective design and development standards when the Housing Element and the General Plan 2040 update are adopted. Complete rezonings by January 31, 2024. H-kk Identify Additional Housing Opportunity Sites. In compliance with the Not Net Loss Law and Government Code 65863, the Town will identify new housing opportunity sites as development occurs in order to ensure the remaining sites are sufficient to accommodate the remaining RHNA at all income Response to HCD Comments of December 23, 2022 Page 32 levels. In addition, the Town will consider rezoning other parcels appropriate for lower-income housing, particularly those outside the Downtown area such as the Cove Shopping Center and the Tiburon Baptist Church site, if the property owners indicate interest in redeveloping or adding housing to their sites. Responsibility: Community Development Department, Planning Commission, Town Council Financing: General Fund Objectives: Rezone housing opportunity sites as sites are developed and/or property owner interest is expressed. Timeframe: Complete rezonings as required by State law or within one year, whichever is applicable. H-ll Reed School Site. The Reed Union School District is currently undergoing a Master Facilities Plan which is considering developing a portion of the Reed School site with housing (site 9 in Table 11). The Town will monitor the progress of the Master Facilities Plan and take the following actions: 1. Meet with school district staff at least quarterly beginning in 2023 to discuss progress of the Facilities Master Plan. 2. Participate in School District community meetings during the Facilities Master Plan process to encourage affordable housing on the site. 3. Facilitate meetings with the School District and affordable housing developers during 2023 and 2024 to explore development concepts and feasibility. 4. If the School District makes a formal determination not to pursue housing on the site, the Town will identify and rezone sites, as necessary, to make up for any shortfall in the remaining RHNA for each income category within one year of the School District’s determination, or by May 31, 2026, whichever is later. 5. If the School District does not take any action to develop housing on the site by January 31, 2025, the Town will identify and rezone site(s), as necessary, to make up for any shortfall in the remaining RHNA for each income category by May 31, 2026. Responsibility: Community Development Department, Planning Commission, Town Council Financing: General Fund Objectives: Ensure there are sufficient available sites to accommodate the Town’s remaining RHNA. Timeframe: Take actions and complete rezonings as identified in the program above. Regarding Program H-dd (Work with Non-Profits and Property Owners on Housing Opportunity Sites), all sites listed in the Sites Inventory (Table 11) that have multiple parcels i.e., sites 6, 7, and 8 are under the same ownership and are functionally consolidated. Lot consolidation is not necessary in order to develop the sites. Program H-dd has been revised as follows on page 138: 5. Facilitate development through regulatory incentives, reducing or waiving Response to HCD Comments of December 23, 2022 Page 33 fees, fast track processing, lot consolidation (i.e., assistance with the application and fee reduction or waiver), and assistance in development review. Comment #25 The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate- income households. (Gov. Code, § 65583, subd. (c)(2).) The element must include a program(s) with specific actions and timelines to assist in the development of housing special needs populations including ELI households. The element includes Program H-n (Work with Non-Profits on Housing) to outreach to developers of affordable housing for ELI. However, given the Town’s lack of development in the past planning period, the element should include stronger program(s) such as commitments to priority processing, granting fee waivers or deferrals, modifying development standards, and granting concessions and incentives for housing developments that include units affordable to ELI households. Response #25 Program H-n has been strengthened as discussed in Response #23. Program H-dd has been revised to specifically include housing for ELI households on page 138 as follows: H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites. Encourage cooperative and joint ventures between owners, developers, and non-profit groups in the provision of below market rate housing. Work with non-profits and property owners to seek opportunities for affordable housing development on key housing opportunity sites that are close to services, transit, and jobs. Undertake the following actions to encourage development of multi-family, affordable housing, including housing for extremely low income households: Comment #26 Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding B52 the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the Town may need to revise or add programs and address and remove or mitigate any identified constraints. Response #26 2 Finding B5 is identified as Comments #15-20. See Responses #15-20 for the required additional analysis of potential governmental constraints. Response to HCD Comments of December 23, 2022 Page 34 The following programs were added to page 142: H-mm Supportive Housing. Revise the Zoning Code to make supportive housing a permitted use in all commercial zones that allow multifamily and mixed use housing, including the Mixed Use, Neighborhood Commercial, Main Street, and Village Commercial districts, pursuant to Government Code 65651. Responsibility: Community Development Department, Planning Commission, Town Council Financing: Staff time Objectives: Ensure the Town’s Tiburon Code complies with state law. Timeframe: By January 31, 2024. H-nn Parking for Emergency Shelters. Revise the Zoning Code to specify parking requirements for emergency shelters that comply with Government Code section 65583, subdivision (a)(4)(A). Responsibility: Community Development Department, Planning Commission, Town Council Financing: Staff time Objectives: Ensure the Town’s Tiburon Code complies with state law. Timeframe: By January 31, 2024. Comment #27 Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding B1 the element requires a complete AFFH analysis. Depending upon the results of that analysis, the Town may need to revise or add programs. Goals, Actions, Metrics, and Milestones: The element must be revised to include goals and actions that specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Given that the Town is considered the highest resource community, the element should focus on programs that enhance housing mobility and encourage development of more housing choices and affordable housing. Programs must include metrics and timelines that target intended outcomes, particularly for those that assist the Town in facilitating fair housing choice and supporting mobility throughout the Town. For your information, metrics (where applicable), should be targeting beneficial impacts for people, households, and neighborhoods (e.g., number of people or households assisted, number of housing units built, number of parks or infrastructure projects completed). Response #27 Response to HCD Comments of December 23, 2022 Page 35 As discussed in Response #2, the housing element contains several programs to promote housing mobility and improve new housing opportunities throughout the Town for existing residents and the broader region. These include actions to 1) ensure fair housing opportunities are provided and landlords understand their responsibilities under fair housing laws (Programs H-b, H-q, and H-hh); provide rental assistance to make existing apartments more affordable (Program H-w); and provide home match programs to expand affordable housing opportunities (Program H-f). Table 20 provides detailed information on these programs. The reasoning behind the selection of sites is discussed in Response #3. The following program was added to page 141 in an effort to identify additional housing opportunity sites outside the Downtown area: H-kk Identify Additional Housing Opportunity Sites. In compliance with the No Net Loss Law and Government Code 65863, the Town will identify new housing opportunity sites as development occurs in order to ensure the remaining sites are sufficient to accommodate the remaining RHNA at all income levels. In addition, the Town will consider rezoning other parcels appropriate for lower-income housing, particularly those outside the Downtown area such as the Cove Shopping Center and the Tiburon Baptist Church site, if the property owners indicate interest in redeveloping or adding housing to their sites. Responsibility: Community Development Department, Planning Commission, Town Council Financing: General Fund Objectives: Rezone housing opportunity sites as sites are developed and/or property owner interest is expressed. Timeframe: Complete rezonings as required by State law or within one year, whichever is applicable. Comment #28 Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2. (Gov. Code, § 65583, subd. (c)(7).) The element included Program H-hh (Outreach and Education for Accessory Dwelling Unit Development) to promote ADU development. However, this program should actively incentivize or promote ADU development for very low-, low-, and moderate- income households. This can take the form of flexible zoning requirements, development standards, or processing and fee incentives that facilitate the creation of ADUs, such as reduced parking requirements, fee waivers and more. Other strategies could include developing information packets to market ADU construction, targeted advertising of ADU development opportunities or establishing an ADU specialist within the planning department. Response #28 Response to HCD Comments of December 23, 2022 Page 36 As discussed on page 89, the Town collaborated with other Marin local government to provide resources and education materials to facilitate building, permitting, and renting ADUs. They created a website at adumarin.org that provides case studies, floor plans, a calculator to estimate construction costs, information on planning, designing, and constructing and ADU, and resources on being a landlord, from setting a rent price to complying with fair housing laws. Program H-hh details how the Town will promote the ADUMarin website. Program H-hh was revised to provide links to the MarinADU website and added the following underlined text on page 139: H-hh Outreach and Education for Accessory Dwelling Unit Development. Encourage and facilitate ADU and JADU development to provide additional housing opportunities throughout established neighborhoods. Take the following actions: 1. Provide information on Tiburon’s ADU standards for posting on the MarinADU ADUMarin. 2. Provide ADU and JADU application checklists on the Town’s website. 3. Develop a handout on ADU standards and the application process and distribute at Town Hall. 4. Provide links to the California Department of Fair Employment and Housing’s Sources of Income Fact Sheet and FAQ in Town communications and printed handouts at the building counter. Provide handouts to ADU permit applicants. 5. Promote the ADUMarin website in the Town’s newsletter and ADU handout, on social media, and on the Town’s website. 6. Establish an ADU specialist in the Community Development Department. Responsibility: Community Development Department Financing: General Fund Objectives: 72 new ADUs and JADUs by the end of 2030 Timeframe: Develop new materials, update the Town’s website, and provide counter handouts by the end of 2023. Update and publicize annually thereafter. Comment #29 Quantified Objectives Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).) The element provides a summary of quantified objectives on page 110 for the 6th cycle planning period. However, the element should have quantified objectives for rehabilitation and preservation for lower-income households based on program commitments and a complete analysis of at-risk units. Response #29 Affordable units at risk of conversion to market rate are discussed in Response #22. Table 22 Response to HCD Comments of December 23, 2022 Page 37 on page 121 was revised as follows to reflect this additional analysis: Extremely Low Very Low Low Moderate Above Moderate Total Units New construction 97 96 110 93 243 639 Rehabilitation 50 50 100 Conservation/ preservation 0 0 0 12 15 2 0 15 14 EXHIBIT 3 Town of Tiburon 2023-2031 Housing Element Draft September 26, 2022 January 13, 2023 Contents 1.0 INTRODUCTION .......................................................................................................... 1 1.1 Overview ........................................................................................................... 1 1.2 Housing in Tiburon ............................................................................................ 1 1.3 The General Plan .............................................................................................. 2 1.4 Housing Element Law ........................................................................................ 3 1.5 Source of Housing Data ..................................................................................... 6 1.6 Preparation of the Housing Element ................................................................. 6 1.7 2015-2023 Housing Element Accomplishments .............................................. 10 2.0 HOUSING NEEDS ANALYSIS ....................................................................................... 11 2.1 Overview ......................................................................................................... 11 2.2 Population Characteristics ............................................................................... 13 2.3 Employment Characteristics ............................................................................ 17 2.4 Household Characteristics ............................................................................... 22 2.5 Housing Stock Characteristics .......................................................................... 30 2.6 Special Housing Needs ..................................................................................... 49 3.0 HOUSING SITES .......................................................................................................... 67 3.1 Regional Housing Needs Allocation for 2022-2030 .......................................... 67 3.2 Sites Inventory ................................................................................................. 68 3.3 Density Assumptions and Development Trends .............................................. 75 3.4 Site and Capacity Analysis ............................................................................... 77 3.5 Accessory Dwelling Units ................................................................................. 87 3.6 Senate Bill 9 Units ............................................................................................ 90 3.7 Zoning for a Variety of Housing Types ............................................................. 90 3.8 Opportunities for Energy Conservation ........................................................... 93 4.0 HOUSING CONSTRAINTS ........................................................................................... 95 4.1 Overview ......................................................................................................... 95 4.2 Land Use Designations and Zoning Standards ................................................. 95 4.3 Fees and Exactions ........................................................................................ 104 4.4 Processing and Permit Procedures ................................................................ 108 4.5 Codes and Enforcement ................................................................................ 112 4.6 On- and Off-Site Improvements .................................................................... 113 4.7 Housing for Persons with Disabilities ............................................................. 113 4.8 Non-Governmental Constraints ..................................................................... 116 4.9 Affordable Housing Funding Programs and Resources .................................. 118 5.0 GOALS, POLICIES, AND PROGRAMS ......................................................................... 121 5.1 Overview ....................................................................................................... 121 5.2 Quantified Objectives .................................................................................... 121 5.3 Housing Goals, Policies, and Programs .......................................................... 121 5.4 Affirmatively Furthering Fair Housing (AFFH) ................................................ 142 Appendix A: Public Outreach ..................................................................................... A-1 Appendix B: Evaluation of 2015-2023 Housing Element Programs ............................ B-1 Appendix C: Detailed Single Family Home Site Inventory ........................................... C-1 Appendix D: Affirmatively Furthering Fair Housing ................................................... D-1 Appendix E: Public Comment Letters ......................................................................... E-1 1.0 INTRODUCTION Draft Town of Tiburon Housing Element | 1 1.0 INTRODUCTION 1.1 OVERVIEW California’s housing and planning laws require every town, city, and county to have a General Plan with at least seven elements, including a Housing Element. The General Plan provides the long-term vision for the community and guides development in Tiburon. The General Plan is a long-range planning document that describes goals, policies, and programs to guide decision-making in land use and other important areas of local government. Unlike the other mandatory General Plan elements, the Housing Element is required to be updated every eight years and is subject to detailed statutory requirements and mandatory review by a State agency — HCD (Department of Housing and Community Development). According to State law, the Housing Element must: • Provide goals, policies, quantified objectives, and scheduled programs to preserve, improve and develop housing. • Identify and analyze existing and projected housing needs for all economic segments of the community. • Identify “adequate sites” that are zoned and available within the 8-year housing cycle to meet the local government’s fair share of regional housing needs at all income levels. • Affirmatively further fair housing. • Be reviewed by the State Department of Housing and Community Development (HCD) to determine whether or not the element complies with state law. • Be internally consistent with other parts of the General Plan. This document is an update of the Town’s State-certified Housing Element that was adopted in August 2014 and addresses the 6th cycle Housing Element period of 2023 - 2031. 1.2 HOUSING IN TIBURON The Town of Tiburon is a community of approximately 9,400 residents and 4,050 housing units located on a relatively narrow four square mile peninsula extending into San Francisco Bay. The peninsula rises quickly from the Bay reaching a central spine known as the Tiburon Ridge. This ridge is prominent from widespread locations in the San Francisco Bay Area. Most of the peninsula is sloping land. Neighborhoods vary in age from the 1890’s to the present. Over 95 percent of the Town’s land area is comprised of residential neighborhoods, public parks, and secured open space. Tiburon is a community of neighborhoods covering a wide range of construction dates, housing types, architectural styles, and neighborhood design characteristics. At one end of the range is Old Tiburon, an 1890’s-vintage subdivision of small lots on generally steep slopes with a variety of housing types and styles. At the other end of the range are newer multi-million dollar homes located on larger parcels in thoroughly modern estate-style subdivisions that were common in the 1980’s and 1990’s. In between are numerous subdivisions from the post-war boom of the late 1940’s up through the 1950’s and 1960’s and into the 1970’s. Neighborhoods and homes in Tiburon are quite well maintained and are desirable and attractive places to live. 1.0 INTRODUCTION Draft Town of Tiburon Housing Element | 2 Housing affordability in Marin County and in the Bay Area has become an increasingly important issue. Tiburon’s housing conditions are reflective of many area-wide and even nation-wide trends. Over the past several decades, housing costs have skyrocketed out of proportion to many people’s ability to pay, with increasing construction and land costs contributing to the rise in housing prices. In the Bay Area, the high demand for housing pushes prices even higher. This mismatch in household incomes and housing costs has several implications: it becomes more difficult for employers to recruit and retain employees; roadways are clogged with workers traveling longer distances; and many young families, longtime residents, their children, and other community members without high incomes relocate because they can no longer afford to live in the community. Historical lending and zoning practices, including redlining and exclusionary covenants, have resulted in segregated living patterns in Marin and racially disparate housing outcomes. People of color have not benefited from the generational transfer of home equity, as some white people have, and rapidly escalating housing costs in more recent decades have made it extremely difficult for people of color to get a foothold in the housing market. Anti-development sentiment throughout Marin County has restricted new housing development, helping maintain patterns of segregation. As a result, Marin is one of the most segregated counties in the Bay Area, with five of the ten most segregated Census tracts in the region.1 Providing more housing and a variety of housing types at different affordability levels will help to diversify the Tiburon community and result in more balanced and integrated living patterns throughout the Bay Area. It will also bring fresh perspectives, lived experiences, skills, and expertise to Tiburon, ensuring that the community is well equipped to face future challenges and opportunities. 1.3 THE GENERAL PLAN State law requires a community’s General Plan to be internally consistent. This means that the policies of one element are not legally superior to the policies of another. Every element of the General Plan must be consistent with all other elements. The 2023-2031 Housing Element has been drafted to be consistent with the rest of the General Plan, which is being updated concurrently. When any Element of the General Plan is amended in the future, the Housing Element will be reviewed and amended, as necessary, to ensure consistency. In 2011, the Governor signed Senate Bill (SB) 244 which requires local governments to make determinations regarding “disadvantaged unincorporated communities,” defined as a community with an annual median income that is less than 80 percent of the statewide annual median household income. The Town has determined that there are no unincorporated island, fringe, or legacy communities, as defined in the legislation, inside or near its boundaries. 1 “Racial Segregation in the San Francisco Bay Area, Part 1,” Othering & Belonging Institute, University of California, Berkeley, https://belonging.berkeley.edu/racial-segregation-san-francisco-bay-area-part-1 1.0 INTRODUCTION Draft Town of Tiburon Housing Element | 3 1.4 HOUSING ELEMENT LAW State law establishes requirements for all portions of the General Plan. However, for the Housing Element, the State requirements tend to be more specific and extensive than for other elements. The purpose of a housing element is described in Government Code §65583. “The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobile homes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community.” While jurisdictions must review and revise all elements of their General Plan on a regular basis to ensure that they remain up to date (approximately every 15 to 20 years), State law requires that Housing Elements be reviewed and updated every eight years. The process of updating Housing Elements is to be initiated by the State through the ‘regional housing needs’ process, described below. State law is also quite specific in terms of what the Housing Element must contain, including: a. “An assessment of housing needs and an inventory of resources and constraints relevant to meeting these needs;” b. “A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing;” and, c. “A program, which sets forth a schedule of actions...to implement the policies and achieve the goals and objectives.” Furthermore, the Housing Element must: (1) Identify adequate sites with appropriate zoning densities and infrastructure to meet the community’s share of housing needs, (2) Assist in the development of adequate housing to meet housing needs for extremely low, very low, low, and moderate-income households, (3) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to housing development, (4) Conserve and improve the condition of the existing affordable housing stock, (5) Promote and affirmatively further fair housing opportunities throughout the community for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act, (6) Preserve assisted housing developments for lower income households, (7) Incentivize and promote the creation of accessory dwelling units that can be offered at affordable rent, and (8) Include a diligent effort by the local government to achieve public participation by all economic segments of the community in the development of the housing element. 1.0 INTRODUCTION Draft Town of Tiburon Housing Element | 4 State law requires that every updated Housing Element be submitted to the State of California’s Department of Housing and Community Development (HCD) to ensure compliance with the State’s minimum requirements. This ‘certification’ process is unique among the General Plan elements. Housing Elements are submitted twice to HCD for review and comment. : once during the development of the Housing Element (in draft form), and again after adoption of the Housing Element by the local jurisdiction. The first review period requires a maximum 90 days and must take place prior to adoption by the Tiburon Town Council. Subsequent reviews may take up to 60 days. During these the first reviews, HCD will provide comments to the Town regarding compliance of the draft Element with State law requirements and HCD guidelines. Modifications to the draft Housing Element in response to these comments may be necessary. The Town Council must consider HCD’s comments prior to adoption of the Housing Element as part of the General Plan. After adoption, The second review requires a maximum 60 days and takes place after adoption. It is after the second reviewHCD will provide that written findings regarding compliance are submitted to the local jurisdiction. REGIONAL HOUSING NEEDS DETERMINATION (RHND) For the eight-year time frame covered by this Housing Element Update, HCD has identified the region’s housing need as 441,176 units. The total number of housing units assigned by HCD is separated into four income categories that cover housing types for all income levels, from very low- income households to market rate housing.2 This calculation, known as the Regional Housing Needs Determination (RHND), is based on population projections produced by the California Department of Finance as well as adjustments that incorporate the region’s existing housing need. The adjustments result from recent legislation requiring HCD to apply additional adjustment factors to the baseline growth projection from California Department of Finance to move the regions closer to healthy housing markets. To this end, adjustments focus on the region’s vacancy rate, level of overcrowding, and the share of cost burdened households and seek to bring the region more in line with comparable ones.3 These new laws governing the methodology for how HCD calculates the RHND resulted in a significantly higher number of housing units for which the Bay Area must plan compared to previous RHNA cycles. 2 HCD divides the RHND into the following four income categories: Very Low-income: 0-50% of Area Median Income Low-income: 50-80% of Area Median Income Moderate-income: 80-120% of Area Median Income Above Moderate-income: 120% or more of Area Median Income 3 For more information on HCD’s RHND calculation for the Bay Area, see this letter sent to ABAG from HCD on June 9, 2020: https://www.hcd.ca.gov/community-development/housing-element/docs/abagrhna- final060920(r).pdf 1.0 INTRODUCTION Draft Town of Tiburon Housing Element | 5 REGIONAL HOUSING NEEDS ALLOCATION (RHNA) A starting point for the Housing Element Update process for every California jurisdiction is the Regional Housing Needs Allocation or RHNA – the share of the RHND assigned to each jurisdiction by the Association of Bay Area Governments (ABAG). State Housing Element Law requires ABAG to develop a methodology that calculates the number of housing units assigned to each city and county and distributes each jurisdiction’s housing unit allocation among four affordability levels. For this RHNA cycle, the RHND increased by 135%, from 187,990 to 441,776. For more information on the RHNA process this cycle, see ABAG’s website: https://abag.ca.gov/our-work/housing/rhna-regional- housing-needs-allocation. In 2020, the Town received a draft Regional Housing Needs Allocation (RHNA) of 639 units, approximately eight time the previous 5th cycle allocation of 78 units. The Town appealed the allocation based on concerns regarding water supply availability, evacuation and emergency vehicle access, traffic impacts, and environmental hazards such as flooding, sea level rise, wildfire, and steep slopes which severely limit the availability of land appropriate for additional housing. Although the appeal was ultimately denied, the Town continues to be concerned about the impact that will result from the addition of 639 new units. The Town has proposed rezoning certain properties to address the RHNA requirement in response to State mandates. In January 2021, ABAG adopted a Draft RHNA Methodology, and in December 2021, the ABAG Executive Board adopted the Final Regional Housing Needs Allocation (RHNA) Plan: San Francisco Bay Area, 2023-2031. Tiburon’s RHNA allocation, broken down by income category, is shown in Table 1. The Town estimates the projected need for units affordable to extremely low income households to be 50% of the very low income need, or 97 units. Table 1: Regional Housing Needs Allocation, June 30, 2022, to December 31, 2030 Income Category Tiburon Un Marin County Un Bay Area Units Tiburon Percent Marin County Percent Bay Area Percent Very Low Income (<50% of AMI) 193 4,171 114,442 30.2% 29.0% 25.9% Low Income (50%-80% of AMI) 110 2,400 65,892 17.2% 16.7% 14.9% Moderate Income (80%-120% of AMI) 93 2,182 72,712 14.6% 15.1% 16.5% Above Moderate Income (>120% of AMI) 243 5,652 188,130 38.0% 39.2% 42.6% Total 639 14,405 441,176 100.0% 100.0% 100.0% Source: Association of Bay Area Governments The Town may receive credit toward the RHNA for new units built, under construction or approved since July 1, 2022. 1.0 INTRODUCTION Draft Town of Tiburon Housing Element | 6 1.5 SOURCE OF HOUSING DATA The main sources of data used to prepare the Housing Element were the U.S. Census and the 2019 American Community Survey (five-year estimates). The Census remains the most comprehensive and widely accepted source of information on demographic characteristics, and provides consistency with other regional, State, and federal housing plans. The American Community Survey (ACS) is an ongoing statistical survey that samples a small percentage of the population every year. The ACS survey can have wide margins of error, especially for small communities, but the survey collects information that is not covered by the decennial Census. All ACS figures reported in this housing element should be regarded as estimates. Additional data sources included: • Population, household and housing units housing counts from the California State Department of Finance; • Jobs data from the U.S. Census Bureau, Longitudinal Employer-Household Dynamics, Workplace Area Characteristics files (2002-2018); • Unemployment rates data from the California Employment Development Department; • Household income and affordability data from the Comprehensive Housing Affordability Strategy (CHAS) prepared by HUD utilizing 2017 American Community Survey 5-year estimates; and • Home value data from Zillow. The housing needs analysis presented in Chapter 2 was prepared by Association of Bay Area Governments/Metropolitan Transportation Commission staff and Baird + Driskell Community Planning. 1.6 PREPARATION OF THE HOUSING ELEMENT The Housing Element must identify community involvement and decision-making processes and techniques that are affirmative steps to generate input from all members of the community, as well as low-income persons and their representatives. This means that input should be sought, received, and considered before the draft Housing Element is completed. Requirements for public participation are described in Section 65583(c)(9) of the Government Code, which states that the local government must make “a diligent effort…to achieve public participation of all economic segments in the development of the housing element...and describe this effort.” A dedicated housing webpage was created as part of the General Plan Update process, which was launched in December 2021 (createtiburon2040.org). The site was used throughout the update process to provide background information and resources, inform community members about workshops and meetings, solicit community input through online surveys, and provide access to draft documents, fact sheets, Q&A documents, meeting summaries, presentations, and workshop video recordings. The website was enabled with Google Translate to provide multilingual translation for all users. In addition, presentations and surveys were translated into Spanish to facilitate access for the 1.0 INTRODUCTION Draft Town of Tiburon Housing Element | 7 Hispanic and Latinx community, which represents the largest group of people who speak limited or no English in Tiburon and Marin County. Housing workshops offered Spanish translation as well. Staff used a variety of methods to advertise the housing element update process and workshops, including: • Providing information on the General Plan Update process, including the Housing Element, through a town-wide mailer; • Publishing articles in the Town’s newsletter, which reaches over 800 Tiburon households; • Providing flyers (in Spanish on the reverse) at the library and Town Hall; posting flyers on community boards; and providing flyers to the Tiburon Peninsula Chamber of Commerce to for distribution to Tiburon businesses and workers and to EAH, the Town’s primary affordable housing developer and manager, for distribution to lower-income residents; • Promoting the workshops on social media, including Nextdoor, Facebook, and Instagram, and in the town’s local newspaper, The Ark; and • Sending emails to the interested parties list and community-based organizations. The Town held two public workshops in November 2021 to February 2022. Workshops and the public engagement efforts were designed to seek input from the Tiburon community and create a forum to share ideas, raise questions and concerns, and provide feedback on the Town’s housing goals, policies, and programs and selection of housing opportunity sites. Input provided by the community helped identify key issues and strategic directions to pursue in the Housing Element update. The first workshop focused on providing an overview of the housing element, RHNA, and existing housing conditions and on gathering input on housing needs and potential sites and strategies to accommodate RHNA and encourage a more diverse population. The second workshop built on input received at the first workshop and explored the suitability of specific sites, development types, and housing densities to accommodate RHNA. The workshop focused on sites to accommodate the very low, low, and moderate-income housing. Workshops included live-polling and breakout sessions to explore ideas in small groups. Surveys were posted online following each workshop. The workshop and survey summaries are attached in Appendix A. Workshop presentations and recordings are available at the CreateTiburon2040.org website. Town Council and Planning Commission meetings were held in March and April 2022 to provide comments, raise concerns, and/or express support for staff’s recommended strategy to meet the Town’s RHNA requirement for 639 housing units as part of the Housing Element Update. In order to gather additional input from underrepresented members of the community, a paper survey, in both English and Spanish, was distributed to workers at local businesses, including restaurants and grocery stores, and to lower-income residents at EAH properties. The Town also conducted three focus groups with EAH residents in May and June of 2022 and three focus groups and individual interviews with local service employees in June 2022. The outreach effort reached seniors, female-headed households, disabled residents, very-low and low-income residents and workers, people of color, and people who did not speak English as a first language. Conversations with employees confirmed the need for affordable apartments in Tiburon as most employees live in the Canal neighborhood of San Rafael or outside of Marin, and many travel long distances or take multiple 1.0 INTRODUCTION Draft Town of Tiburon Housing Element | 8 bus connections to get to work. While one and two-bedroom apartments would house most of the households, there is a need for larger units for households with five or more people. In addition to more affordable housing, surveys showed that protections for renters facing displacement or discrimination was important to the employees, as well as financial assistance for home repairs and renovations. The focus group and survey summaries are attached in Appendix A. Finally, the Town conducted stakeholder interviews with organizations that serve underrepresented populations, including Fair Housing Advocates of Northern California, Legal Aid, and Canal Alliance. Items identified in the community outreach effort that are addressed in the updated Housing Element through housing opportunity site selection and modified or new policies and/or programs are identified below. Items #8-15 were recommended by Fair Housing Advocates of Northern California, Legal Aid, and Canal Alliance. Items #16-17 were specifically identified during the focus group discussions with affordable housing residents, although other items were supported as well (#3, 6, and 15). 1. Utilize commercial sites that can accommodate mixed use housing at higher residential densities. (Sites 1-7, 9 and A-G in Table 10 11 Sites Inventory and Program H-dd) 2. Look at underutilized sites with aging and/or functionally obsolete buildings for potential affordable housing sites. (Sites 1-7, 9, and A-G in Table 10 11 Sites Inventory and Program H- dd) 3. Locate housing sites near public transportation and services. (Sites 1-9 and A-G in Table 10 11 Sites Inventory and Program H-dd) 4. Advance sustainability goals, e.g., encourage housing within walking distance of transit and major destinations, promote home offices and live-work spaces, and require green building standards and EV charging in new development. (Programs H-cc and H-dd; policies and programs regarding green building standards and EV charging requirements are located in the Sustainability Element) 5. Encourage the development of accessory dwelling units, recognizing that these can provide an important source of income for lower-income seniors who want to age in place, as well as affordable housing for caretakers and other lower-income service providers or family members. (Programs H-hh and H-ii) 6. Improve housing options for seniors (including smaller units for those desiring to downsize), the disabled, and the workforce. (Programs H-s, H-u, H-dd, H-ee, H-ff, H-hh) 7. Take meaningful actions to affirmatively furthering fair housing. (Programs H-b, H-d, H-h, H- n, H-p, H-q, H-r, H-s, H-dd, H-hh) 8. Ensure that affordable units are affirmatively marketed to communities of color. Utilize publications, venues, and community groups that serve Black and Latinx communities. Market outside of Marin to encourage more balanced communities and integrated living patterns. (Program H-dd) 9. Train Town staff on how to recognize and report fair housing complaints. Engage Fair Housing Advocates of Northern California to conduct a training session for Town staff. (Program H-p) 10. Provide fair housing brochures published by Fair Housing Advocates of Northern California at Town Hall and distribute to housing developers and single-family property owners who are developing an ADU, JADU, or SB 9 unit. (Program H-b) 11. Provide fair housing information on the Town’s website and a link to Fair Housing Advocates of Northern California’s website. (Program H-b) 1.0 INTRODUCTION Draft Town of Tiburon Housing Element | 9 12. Include an article on fair housing in the Town’s newsletter with information on fair housing issues, landlord responsibilities, and resources to learn more and file complaints. (Program H- b) 13. Adopt a Fair Housing Month proclamation each year. (Program H-b) 14. Provide a fair housing training workshop to developers and property owners. Consider partnering with other jurisdictions and/or the County. (Program H-b) 15. Include programs for tenant protections, including rent stabilization, just cause for eviction, right to counsel, and right of first refusal. (Program H-z) 16. Facilitate communication between affordable housing tenants and providers/ managers and assist in resolving complaints and issues of concern. (Program H-z) 17. Provide information on source of income laws that require all landlords to accept Section 8 Housing Choice Vouchers. (Programs H-b, H-x, and H-hh) The proposed housing sites were extensively vetted with the community as they required either allowing housing where none was previously permitted or increasing the existing residential densities from a maximum of 20.7 units per acre to maximums of 25-45 units per acre depending upon the site. Twenty parcels were ultimately identified as appropriate for multifamily housing. Surveys conducted immediately after the workshops showed majority support for these housing sites (see Appendix A). All rezonings occurred prior to housing element adoption.4 Other opportunities for community input included public meetings on housing opportunity site selection and rezoning with the Tiburon Planning Commission and Town Council, review of the Draft Housing Element by the public, and public hearings on the Draft Housing Element with the Planning Commission and Town Council. The draft Housing Element was released on July 5, 2022, for a 30-day public review in accordance with State law. The release of the draft Housing was promoted through the Town’s newsletter, website, and social media accounts, and by placing an ad in the local newspaper. The Town Council meetings to review the draft Housing Element were also covered by the local newspaper. At the close of the public comment period on August 5, 2022, the Town received a total of 53 written public comments from Tiburon residents and Marin County and Bay Area community-based and advocacy organizations (Appendix E). The Town Council considered these comments at its August 3 and August 30, 2022, meetings. Several changes were made to the draft Housing Element in response to the received comments including reducing the proposed residential densities on some Downtown sites, adding a new program on home match services (Program H-f Home Match Services), clarifying text and program language, and providing more detail on environmental constraints for housing opportunity sites in Table 1011. 4 This Public Review Draft Housing Element is being prepared prior to adoption of new zoning districts (MU, , MS, and R-4) and rezoning of housing opportunity sites. This Draft has been written as if these actions have already occurred. Any changes to information presented in this draft will be addressed in the final Draft Housing Element prior to Council adoption. 1.0 INTRODUCTION Draft Town of Tiburon Housing Element | 10 1.7 2015-2023 HOUSING ELEMENT ACCOMPLISHMENTS Government Code Section 65588 requires that the Housing Element include an analysis of the effectiveness of the element, progress in implementation, and the appropriateness of goals, policies, and programs. Tiburon’s current Housing Element was adopted by the Town Council on August 20, 2014. While many of the goals, policies, and programs were successful, the Town did not produce enough affordable housing to meet its 5th cycle RHNA. The Town attributes this to the high cost of land and construction in Tiburon and housing densities that were too low to support affordable multifamily housing. In order to make multifamily housing financially feasible in Tiburon, the Town rezoned eighteen parcels to allow housing at densities of 30-35 unit per acre. These sites have the capacity to build 368 new multifamily units. Programs completed and successfully implemented since adoption of the 2015-2023 Housing Element include: • Adopted zoning provisions to treat transitional and supportive housing as residential uses subject to the same restrictions as residential dwellings of the same type in the same zone. (Program H-s) • Implemented the second unit ordinance and adopted standards for junior second units (Programs H-dd and H-ee). The Town participated in development of a countywide website at adumarin.org and conducted outreach and education to accelerate development of ADUs. The Town also updated its ADU ordinance to comply with new state laws. The Town approved 26 ADUs and 18 JADUs between 2015 and June 2022. To date, 14 have been constructed and 15 are under construction. Based on a regional study, affordability levels are assumed to be 13 very low income units, 13 low income units, 13 moderate income units, and 5 above moderate income units. • Participated in and allocated funding for countywide programs to address the needs of people experiencing homelessness. (Program H-q) This Housing Element has considered the effectiveness of the 2015-2023 Housing Element policies and programs and has continued, amended, or deleted programs based on lessons learned and evolving housing needs. Appendix B is a full review of programs in the 2015-2023 Housing Element. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 11 2.0 HOUSING NEEDS ANALYSIS 2.1 OVERVIEW This section of the Housing Element describes characteristics of Tiburon’s population and housing stock and assesses the community’s existing and future housing needs. The data and analysis in this section are intended to satisfy, in part, Government Code Section 65583(a),which requires an assessment of housing needs including an analysis of population and employment trends (GC 65583 (a)(1)) and household characteristics (GC 65583 (a)(2)). SUMMARY OF KEY FACTS • Population – Generally, the population of the Bay Area continues to grow because of natural growth and because the strong economy draws new residents to the region. The population of Tiburon increased 10.1% from 2000 to 2020, which is below the growth rate of the Bay Area. • Age – In 2019, Tiburon’s youth population under the age of 18 was 1,941 and senior population 65 and older was 2,351. These age groups represent 21.2% and 25.7%, respectively, of Tiburon’s population. • Race/Ethnicity – In 2020, 81.6% of Tiburon’s population was White, 1.0% was African American, 2.7% was Asian, and 7.6% was Latinx. People of color in Tiburon comprise a proportion below the overall proportion in the Bay Area as a whole.5 • Employment – Tiburon residents most commonly work in the Financial & Professional Services industry. Since 2010, the number of jobs located in the jurisdiction increased by 110 (6.5%). Additionally, the jobs-household ratio in Tiburon has decreased from 0.54 in 2002 to 0.48 jobs per household in 2018. • Number of Homes – The number of new homes built in the Bay Area has not kept pace with the demand, resulting in longer commutes, increasing prices, and exacerbating issues of displacement and homelessness. The number of homes in Tiburon increased 0.6% from 2010 to 2020, which is below the growth rate for Marin County and below the growth rate of the region’s housing stock during this time period. • Home Prices – A diversity of homes at all income levels creates opportunities for all Tiburon residents to live and thrive in the community. – Ownership The largest proportion of homes had a value in the range of $2M+ in 2019. Home prices increased by 97.0% from 2010 to 2020. 5 The Census Bureau’s American Community Survey accounts for ethnic origin separate from racial identity. The numbers reported here use an accounting of both such that the racial categories are shown exclusive of Latinx status, to allow for an accounting of the Latinx population regardless of racial identity. The term Hispanic has historically been used to describe people from numerous Central American, South American, and Caribbean countries. In recent years, the term Latino or Latinx has become preferred. This report generally uses Latinx, but occasionally when discussing US Census data, we use Hispanic or Non-Hispanic, to clearly link to the data source. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 12 – Rental Prices – The typical contract rent for an apartment in Tiburon was $2,310 in 2019. Rental prices increased 21.1% from 2009 to 2019. To rent a typical apartment without cost burden, a household would need to make $92,400 per year.6 • Housing Type – It is important to have a variety of housing types to meet the needs of a community today and in the future. In 2020, 65.4% of homes in Tiburon were single-family detached, 9.5% were single-family attached, 9.4% were small multi-family (2-4 units), and 15.4% were medium or large multi-family (5+ units). Between 2010 and 2020, the number of single-family units increased more than multifamily units. Generally, in Tiburon, the share of the housing stock that is detached single-family homes is above that of other jurisdictions in the region. • Cost Burden – The U.S. Department of Housing and Urban Development considers housing to be affordable for a household if the household spends less than 30% of its income on housing costs. A household is considered “cost-burdened” if it spends more than 30% of its monthly income on housing costs, while those who spend more than 50% of their income on housing costs are considered “severely cost-burdened.” In Tiburon, 16.0% of households spend 30%- 50% of their income on housing, while 15.1% of households are severely cost burdened and use the majority of their income for housing. • Displacement/Gentrification – According to research from The University of California, Berkeley, 0.0% of households in Tiburon live in neighborhoods that are susceptible to or experiencing displacement and 0.0% live in areas at risk of or undergoing gentrification. 100% of households in Tiburon live in neighborhoods where low-income households are likely excluded due to prohibitive housing costs. • Neighborhood – 100.0% of residents in Tiburon live in neighborhoods identified as “Highest Resource” or “High Resource” areas by State-commissioned research, while 0.0% of residents live in areas identified by this research as “Low Resource” or “High Segregation and Poverty” areas. These neighborhood designations are based on a range of indicators covering areas such as education, poverty, proximity to jobs and economic opportunities, low pollution levels, and other factors.7 • Special Housing Needs – Some population groups may have special housing needs that require specific program responses, and these groups may experience barriers to accessing stable housing due to their specific housing circumstances. In Tiburon, 9.9% of residents have a disability of any kind and may require accessible housing. Additionally, 8.6% of Tiburon households are larger households with five or more people, who likely need larger housing units with three bedrooms or more. 5.2% of households are female-headed families, which are often at greater risk of housing insecurity. 6 Note that contract rents may differ significantly from, and often being lower than, current listing prices. 7 For more information on the “opportunity area” categories developed by HCD and the California Tax Credit Allocation Committee, see this website: https://www.treasurer.ca.gov/ctcac/opportunity.asp. The degree to which different jurisdictions and neighborhoods have access to opportunity will likely need to be analyzed as part of new Housing Element requirements related to affirmatively furthering fair housing. ABAG/MTC will be providing jurisdictions with technical assistance on this topic this summer, following the release of additional guidance from HCD. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 13 DATA SOURCES Many of the tables in this report are sourced from data from the Census Bureau’s American Community Survey or U.S. Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy (CHAS) data, both of which are samples and as such, are subject to sampling variability. This means that data is an estimate, and that other estimates could be possible if another set of respondents had been reached. We use the five-year release to get a larger data pool to minimize this “margin of error” but particularly for the smaller cities, the data will be based on fewer responses, and the information should be interpreted accordingly. Additionally, there may be instances where there is no data available for a jurisdiction for particular data point, or where a value is 0 and the automatically generated text cannot perform a calculation. In these cases, the automatically generated text is “NODATA.” The American Survey is derived from surveys conducted between 2015-2019 and the Comprehensive Housing Affordability Strategy (CHAS) data are derived from surveys conducted between 2013-2017. These were the latest data sets available at the time this report was developed. Although they are used as a proxy for current conditions, they are not necessarily reflective of populations and housing conditions in 2022. Any figure that does not specify geography in the figure name represents data for Tiburon. 2.2 POPULATION CHARACTERISTICS POPULATION GROWTH The Bay Area is the fifth-largest metropolitan area in the nation and has seen a steady increase in population since 1990, except for a dip during the Great Recession. Many cities in the region have experienced significant growth in jobs and population. While these trends have led to a corresponding increase in demand for housing across the region, the regional production of housing has largely not kept pace with job and population growth. Since 2000, Tiburon’s population has increased by 10.1%; this rate is below that of the region, at 14.8%. In Tiburon, roughly 13.4% of its population moved during the past year, same as the regional rate. Table 2: Population Growth Trends Geography 1990 1995 2000 2005 2010 2015 2020 Tiburon 7,554 8,238 8,666 8,742 8,962 9,484 9,540 Marin County 230,096 238,185 247,289 251,634 252,409 262,743 260,831 Bay Area 6,020,147 6,381,961 6,784,348 7,073,912 7,150,739 7,595,694 7,790,537 Source: California Department of Finance, E-5 series In 2020, the population of Tiburon was estimated to be 9,540 (see Table 2). From 1990 to 2000, the population increased by 14.7%, while it increased by 3.4% during the first decade of the 2000s. In the 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 14 most recent decade, the population increased by 6.4%. The population of Tiburon makes up 3.7% of Marin County.8 Figure 1: Population Growth Trends Source: California Department of Finance, E-5 series Note: The data shown on the graph represents population for the jurisdiction, county, and region indexed to the population in the first year shown. The data points represent the relative population growth in each of these geographies relative to their populations in that year. For some jurisdictions, a break may appear at the end of each decade (1999, 2009) as estimates are compared to census counts. DOF uses the decennial census to benchmark subsequent population estimates. AGE The distribution of age groups in a city shapes what types of housing the community may need in the near future. An increase in the older population may mean there is a developing need for more senior housing options, while higher numbers of children and young families can point to the need for more family housing options and related services. There has also been a shift by many to age-in-place or downsize to stay within their communities, which can mean more multi-family and accessible units are also needed. In Tiburon, the median age in 2000 was 45.4; by 2019, this figure had increased to approximately 50 years. The population of those under 14 has decreased since 2010, while the 65-and-over population has increased (see Figure 2). 8 To compare the rate of growth across various geographic scales, Figure 1 shows population for the jurisdiction, county, and region indexed to the population in the year 1990. This means that the data points represent the population growth (i.e., percent change) in each of these geographies relative to their populations in 1990. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 15 Figure 2: Population by Age, 2000-2019 Universe: Total population Source: U.S. Census Bureau, Census 2000 SF1, Table P12; U.S. Census Bureau, Census 2010 SF1, Table P12; U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B01001 Looking at the senior and youth population by race can add an additional layer of understanding, as families and seniors of color are even more likely to experience challenges finding affordable housing. People of color 9 make up 5.4% of seniors and 28.5% of youth under 18 (see Figure 3). The marked increase in the diversity of the younger population reflects a slow but growing transformation in the diversity of the overall population. 9 Here, we count all non-white racial groups. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 16 Figure 3: Senior and Youth Population by Race Universe: Total population Notes: In the sources for this table, the Census Bureau does not disaggregate racial groups by Hispanic/Latinx ethnicity, and an overlapping category of Hispanic / non-Hispanic groups has not been shown to avoid double counting in the stacked bar chart. Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B01001(A-G) RACE AND ETHNICITY Understanding the racial makeup of a town and region is important for designing and implementing effective housing policies and programs. These patterns are shaped by both market factors and historical government actions, such as exclusionary zoning, discriminatory lending practices, and displacement that has occurred over time and continues to impact communities of color today 10. Since 2000, the percentage of residents in Tiburon identifying as White has decreased – and by the same token the percentage of residents of all other races and ethnicities has increased – by 8.8 percentage points, with the 2019 White population standing at 7,459 (see Figure 4). In absolute terms, the Other Race or Multiple Races, Non-Hispanic population increased the most while the White, Non- Hispanic population decreased the most. 10 See, for example, Rothstein, R. (2017). The color of law : a forgotten history of how our government segregated America. New York, NY & London, UK: Liveright Publishing. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 17 Figure 4: Population by Race, 2000-2019 Universe: Total population Notes: Data for 2019 represents 2015-2019 ACS estimates. The Census Bureau defines Hispanic/Latinx ethnicity separate from racial categories. For the purposes of this graph, the “Hispanic or Latinx” racial/ethnic group represents those who identify as having Hispanic/Latinx ethnicity and may also be members of any racial group. All other racial categories on this graph represent those who identify with that racial category and do not identify with Hispanic/Latinx ethnicity. Source: U.S. Census Bureau, Census 2000, Table P004; U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B03002 2.3 EMPLOYMENT CHARACTERISTICS BALANCE OF JOBS AND WORKERS A city provides housing to employed residents who either work in the community where they live or work elsewhere in the region. Conversely, a city may have job sites that employ residents from the same city, but more often employ workers commuting from outside of it. Smaller cities typically will have more employed residents than jobs and export workers, while larger cities tend to have a surplus of jobs and import workers. To some extent, the regional transportation system is set up for this flow of workers to the region’s core job centers. At the same time, as the housing affordability crisis has illustrated, local imbalances may be severe, where local jobs and worker populations are out of sync at a sub-regional scale. One measure of this is the relationship between workers and jobs. A city with a surplus of workers “exports” workers to other parts of the region, while a city with a surplus of jobs must conversely “import” workers. Between 2002 and 2018, the number of jobs in Tiburon decreased by 7.8% (see Figure 5). 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 18 Figure 5: Jobs in Tiburon Universe: Jobs from unemployment insurance-covered employment (private, state and local government) plus United States Office of Personnel Management-sourced Federal employment Notes: The data is tabulated by place of work, regardless of where a worker lives. The source data is provided at the census block level. Source: U.S. Census Bureau, Longitudinal Employer-Household Dynamics, Workplace Area Characteristics (WAC) files, 2002-2018 There are 4,261 employed residents, and 2,940 jobs 11 in Tiburon - the ratio of jobs to resident workers is 0.69; Tiburon is a net exporter of workers. Figure 6 shows the balance when comparing jobs to workers, broken down by different wage groups, offering additional insight into local dynamics. A community may offer employment for relatively low- income workers but have relatively few housing options for those workers. - Conversely, a community may house residents who are low wage workers but offer few employment opportunities for them. Such relationships may cast extra light on potentially pent-up demand for housing in particular price categories. A relative surplus of jobs relative to residents in a given wage category suggests the need to import those workers, while conversely, surpluses of workers in a wage group relative to jobs means the community will export those workers to other jurisdictions. Such flows are not inherently bad, though over time, sub-regional imbalances may appear. Tiburon has more low-wage jobs than low-wage residents (where low-wage refers to jobs paying less than $25,000). At the other end of the 11 Employed residents in a jurisdiction is counted by place of residence (they may work elsewhere) while jobs in a jurisdiction are counted by place of work (they may live elsewhere). The jobs may differ from those reported in Figure 5 as the source for the time series is from administrative data, while the cross-sectional data is from a survey. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 19 wage spectrum, the town has more high-wage residents than high-wage jobs (where high-wage refers to jobs paying more than $75,000) (see Figure 6).12 Figure 6: Workers by Earnings, by Jurisdiction as Place of Work and Place of Residence Universe: Workers 16 years and over with earnings Source: U.S. Census Bureau, American Community Survey 5-Year Data 2015-2019, B08119, B08519 Figure 7 shows the balance of a jurisdiction’s resident workers to the jobs located there for different wage groups as a ratio instead - a value of 1 means that a city has the same number of jobs in a wage group as it has resident workers - in principle, a balance. Values above 1 indicate a jurisdiction will need to import workers for jobs in a given wage group. At the regional scale, this ratio is 1.04 jobs for each worker, implying a modest import of workers from outside the region (see Figure 7). 12 The source table is top-coded at $75,000, precluding more fine grained analysis at the higher end of the wage spectrum. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 20 Figure 7: Jobs-Worker Ratios, by Wage Group Universe: Jobs in a jurisdiction from unemployment insurance-covered employment (private, state, and local government) plus United States Office of Personnel Management-sourced Federal employment Notes: The ratio compares job counts by wage group from two tabulations of LEHD data: Counts by place of work relative to counts by place of residence. See text for details. Source: U.S. Census Bureau, Longitudinal Employer-Household Dynamics, Workplace Area Characteristics (WAC) files (Jobs); Residence Area Characteristics (RAC) files (Employed Residents), 2010-2018 Such balances between jobs and workers may directly influence the housing demand in a community. New jobs may draw new residents, and when there is high demand for housing relative to supply, many workers may be unable to afford to live where they work, particularly where job growth has been in relatively lower wage jobs. This dynamic results in long commutes and contributes to traffic congestion and time lost for all road users. If there are more jobs than employed residents, it means a city is relatively jobs-rich, typically also with a high jobs-to-household ratio. The jobs-household ratio in Tiburon has decreased from 0.54 in 2002, to 0.48 jobs per household in 2018 (see Figure 8). 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 21 Figure 8: Jobs-Household Ratio Universe: Jobs in a jurisdiction from unemployment insurance-covered employment (private, state and local government) plus United States Office of Personnel Management-sourced Federal employment; households in a jurisdiction Notes: The data is tabulated by place of work, regardless of where a worker lives. The source data is provided at the census block level. These are crosswalked to jurisdictions and summarized. The ratio compares place of work wage and salary jobs with households, or occupied housing units. A similar measure is the ratio of jobs to housing units. However, this jobs-household ratio serves to compare the number of jobs in a jurisdiction to the number of housing units that are actually occupied. The difference between a jurisdiction’s jobs-housing ratio and jobs-household ratio will be most pronounced in jurisdictions with high vacancy rates, a high rate of units used for seasonal use, or a high rate of units used as short-term rentals. Source: U.S. Census Bureau, Longitudinal Employer-Household Dynamics, Workplace Area Characteristics (WAC) files (Jobs), 2002-2018; California Department of Finance, E-5 (Households) JOB SECTOR COMPOSITION The largest industry in which Tiburon residents work is Financial & Professional Services, as is the largest sector in which Marin residents work (see Figure 9). For the Bay Area as a whole, the Health & Educational Services industry employs the most workers. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 22 Figure 9: Resident Employment by Industry Notes: The data displayed shows the industries in which jurisdiction residents work, regardless of the location where those residents are employed (whether within the jurisdiction or not). Categories are derived from the following source tables: Agriculture & Natural Resources: C24030_003E, C24030_030E; Construction: C24030_006E, C24030_033E; Manufacturing, Wholesale & Transportation: C24030_007E, C24030_034E, C24030_008E, C24030_035E, C24030_010E, C24030_037E; Retail: C24030_009E, C24030_036E; Information: C24030_013E, C24030_040E; Financial & Professional Services: C24030_014E, C24030_041E, C24030_017E, C24030_044E; Health & Educational Services: C24030_021E, C24030_024E, C24030_048E, C24030_051E; Other: C24030_027E, C24030_054E, C24030_028E, C24030_055E Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table C24030 2.4 HOUSEHOLD CHARACTERISTICS EXTREMELY LOW-INCOME HOUSEHOLDS Despite the economic and job growth experienced throughout the region since 1990, the income gap has continued to widen. California is one of the most economically unequal states in the nation, and the Bay Area has the highest income inequality between high- and low-income households in the state13. In Tiburon, 68.6% of households make more than 100% of the Area Median Income (AMI)14, compared to 7.1% making less than 30% of AMI, which is considered extremely low-income (see Figure 10). 13 Bohn, S.et al. 2020. Income Inequality and Economic Opportunity in California. Public Policy Institute of California. 14 Income groups are based on HUD calculations for Area Median Income (AMI). HUD calculates the AMI for different metropolitan areas, and the nine county Bay Area includes the following metropolitan areas: Napa Metro Area (Napa County), Oakland-Fremont Metro Area (Alameda and Contra Costa Counties), San Francisco 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 23 Regionally, more than half of all households make more than 100% AMI, while 15% make less than 30% AMI. In Marin County, 30% AMI is the equivalent to the annual income of $44,000 for a family of four. Many households with multiple wage earners – including food service workers, full-time students, teachers, farmworkers, and healthcare professionals – can fall into lower AMI categories due to relatively stagnant wages in many industries. Figure 10: Households by Household Income Level Universe: Occupied housing units Notes: Income groups are based on HUD calculations for Area Median Income (AMI). HUD calculates the AMI for different metropolitan areas, and the nine county Bay Area includes the following metropolitan areas: Napa Metro Area (Napa County), Oakland-Fremont Metro Area (Alameda and Contra Costa Counties), San Francisco Metro Area (Marin, San Francisco, and San Mateo Counties), San Jose-Sunnyvale-Santa Clara Metro Area (Santa Clara County), Santa Rosa Metro Area (Sonoma County), and Vallejo-Fairfield Metro Area (Solano County). The AMI levels in this chart are based on the HUD metro area where this jurisdiction is located. The data that is reported for the Bay Area is not based on a regional AMI but instead refers to the regional total of households in an income group relative to the AMI for the county where that household is located. Local jurisdictions are required to provide an estimate for their projected extremely low-income households (0-30% AMI) in their Housing Elements. HCD’s official Housing Element guidance notes that jurisdictions can use their RHNA for very low-income households (those making 0-50% AMI) to calculate their projected extremely low-income households. As Bay Area jurisdictions have not yet received their final RHNA numbers, this document does not contain the required data point of projected extremely low-income households. The report portion of the housing data needs packet contains more specific guidance for how local staff Metro Area (Marin, San Francisco, and San Mateo Counties), San Jose-Sunnyvale-Santa Clara Metro Area (Santa Clara County), Santa Rosa Metro Area (Sonoma County), and Vallejo-Fairfield Metro Area (Solano County). The AMI levels in this chart are based on the HUD metro area where this jurisdiction is located. Households making between 80 and 120 percent of the AMI are moderate-income, those making 50 to 80 percent are low-income, those making 30 to 50 percent are very low-income, and those making less than 30 percent are extremely low- income. This is then adjusted for household size. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 24 can calculate an estimate for projected extremely low-income households once jurisdictions receive their 6th cycle RHNA numbers. Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release Throughout the region, there are disparities between the incomes of homeowners and renters. Typically, the number of low-income renters greatly outpaces the amount of housing available that is affordable for these households. In Tiburon, the largest proportion of renters falls in the Greater than 100% of AMI income group, while the largest proportion of homeowners are found in the Greater than 100% of AMI group (see Figure 12). There are approximately 240 extremely low income households in Tiburon (7.1% of the total number of households), and approximately one-third of these households own their homes. In order to remain in their homes, extremely low income owner households need programs to help reduce housing costs, while extremely low income renter households need programs to limit rent increases. The Housing Element contains Program H-f Home Match Services to help extremely low income homeowners develop a source of income and Program H-v Rehabilitation Loan Programs to provide these homeowners with money to make necessary repairs. Program H-aa Tenant Protection Strategies will help to protect extremely low income renters from rising rents. Figure 11: Household Income Level by Tenure Universe: Occupied housing units Notes: Income groups are based on HUD calculations for Area Median Income (AMI). HUD calculates the AMI for different metropolitan areas, and the nine county Bay Area includes the following metropolitan areas: Napa Metro Area (Napa County), Oakland-Fremont Metro Area (Alameda and Contra Costa Counties), San Francisco Metro Area (Marin, San Francisco, and San Mateo Counties), San Jose-Sunnyvale-Santa Clara Metro Area (Santa Clara County), Santa Rosa Metro Area (Sonoma County), and Vallejo-Fairfield Metro Area (Solano County). The AMI levels in this chart are based on the HUD metro area where this jurisdiction is located. Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 25 Currently, people of color are more likely to experience poverty and financial instability as a result of historical federal and local housing policies that excluded them from the same opportunities extended to white residents.15 These economic disparities also leave communities of color at higher risk for housing insecurity, displacement, or homelessness. In Tiburon, White (Hispanic and Non-Hispanic) residents experience the highest rates of poverty (see Figure 12). Figure 12: Poverty Status by Race Universe: Population for whom poverty status is determined Notes: The Census Bureau uses a federally defined poverty threshold that remains constant throughout the country and does not correspond to Area Median Income. For this table, the Census Bureau does not disaggregate racial groups by Hispanic/Latinx ethnicity. However, data for the white racial group is also reported for white householders who are not Hispanic/Latinx. Since residents who identify as white and Hispanic/Latinx may have very different experiences within the housing market and the economy from those who identify as white and non-Hispanic/Latinx, data for multiple white sub-groups are reported here. The racial/ethnic groups reported in this table are not all mutually exclusive. Therefore, the data should not be summed as the sum exceeds the population for whom poverty status is determined for this jurisdiction. However, all groups labelled “Hispanic and Non-Hispanic” are mutually exclusive, and the sum of the data for these groups is equivalent to the population for whom poverty status is determined. Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B17001(A-I) TENURE The number of residents who own their homes compared to those who rent their homes can help identify the level of housing insecurity – ability for individuals to stay in their homes – in a city and region. Generally, renters may be displaced more quickly if prices increase. In Tiburon there are a total 15 Moore, E., Montojo, N. and Mauri, N., 2019. Roots, Race & Place: A History of Racially Exclusionary Housing the San Francisco Bay Area. Hass Institute. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 26 of 3,798 housing units, and fewer residents rent than own their homes: 32.9% versus 67.1% (see Figure 13). By comparison, 36.3% of households in Marin County are renters, while 44% of Bay Area households rent their homes. Figure 13: Housing Tenure Universe: Occupied housing units Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25003 Homeownership rates often vary considerably across race/ethnicity in the Bay Area and throughout the country. These disparities not only reflect differences in income and wealth but also stem from federal, state, and local policies that limited access to homeownership for communities of color while facilitating homebuying for white residents. While many of these policies, such as redlining, have been formally disbanded, the impacts of race-based policy are still evident across Bay Area communities.16 In Tiburon, 0.0% of Black households owned their homes, while homeownership rates were 46.9% for Asian households, 39.3% for Latinx households, and 70.6% for White households. Notably, recent changes to state law require local jurisdictions to examine these dynamics and other fair housing issues when updating their Housing Elements. 16 See, for example, Rothstein, R. (2017). The color of law : a forgotten history of how our government segregated America. New York, NY & London, UK: Liveright Publishing. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 27 Figure 14: Housing Tenure by Race of Householder Universe: Occupied housing units Notes: For this table, the Census Bureau does not disaggregate racial groups by Hispanic/Latinx ethnicity. However, data for the white racial group is also reported for white householders who are not Hispanic/Latinx. Since residents who identify as white and Hispanic/Latinx may have very different experiences within the housing market and the economy from those who identify as white and non-Hispanic/Latinx, data for multiple white sub-groups are reported here. The racial/ethnic groups reported in this table are not all mutually exclusive. Therefore, the data should not be summed as the sum exceeds the total number of occupied housing units for this jurisdiction. However, all groups labelled “Hispanic and Non-Hispanic” are mutually exclusive, and the sum of the data for these groups is equivalent to the total number of occupied housing units. Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25003(A-I) The age of residents who rent or own their home can also signal the housing challenges a community is experiencing. Younger households tend to rent and may struggle to buy a first home in the Bay Area due to high housing costs. At the same time, senior homeowners seeking to downsize may have limited options in an expensive housing market. In Tiburon, 48.0% of householders between the ages of 25 and 44 are renters, while 18.4% of householders over 65 are renters (see Figure 15). 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 28 Figure 15: Housing Tenure by Age Universe: Occupied housing units Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25007 In many cities, homeownership rates for households in single-family homes are substantially higher than the rates for households in multifamily housing. In Tiburon, 89.1% of households in detached single-family homes are homeowners, while 25.4% of households in multifamily housing are homeowners (see Figure 16). 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 29 Figure 16: Housing Tenure by Housing Type Universe: Occupied housing units Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25032 DISPLACEMENT Because of increasing housing prices, displacement is a major concern in the Bay Area. Displacement has the most severe impacts on low- and moderate-income residents. When individuals or families are forced to leave their homes and communities, they also lose their support network. The University of California, Berkeley has mapped all neighborhoods in the Bay area, identifying their risk for gentrification. They find that in Tiburon, 0.0% of households live in neighborhoods that are susceptible to or experiencing displacement and 0.0% live in neighborhoods at risk of or undergoing gentrification. Equally important, some neighborhoods in the Bay Area do not have housing appropriate for a broad section of the workforce. UC Berkeley estimates that 100% of households in Tiburon live in neighborhoods where low-income households are likely to be excluded due to prohibitive housing costs.17 17 More information about this gentrification and displacement data is available at the Urban Displacement Project’s webpage: https://www.urbandisplacement.org/. Specifically, one can learn more about the different gentrification/displacement typologies shown in Figure 18 at this link: https://www.urbandisplacement.org/sites/default/files/typology_sheet_2018_0.png. Additionally, one can view maps that show which typologies correspond to which parts of a jurisdiction here: https://www.urbandisplacement.org/san-francisco/sf-bay-area-gentrification-and-displacement 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 30 Figure 17: Households by Displacement Risk and Tenure Universe: Households Notes: Displacement data is available at the census tract level. Staff aggregated tracts up to jurisdiction level using census 2010 population weights, assigning a tract to jurisdiction in proportion to block level population weights. Total household count may differ slightly from counts in other tables sourced from jurisdiction level sources. Categories are combined as follows for simplicity: At risk of or Experiencing Exclusion: At Risk of Becoming Exclusive; Becoming Exclusive; Stable/Advanced Exclusive At risk of or Experiencing Gentrification: At Risk of Gentrification; Early/Ongoing Gentrification; Advanced Gentrification Stable Moderate/Mixed Income: Stable Moderate/Mixed Income Susceptible to or Experiencing Displacement: Low-Income/Susceptible to Displacement; Ongoing Displacement Other: High Student Population; Unavailable or Unreliable Data Source: Urban Displacement Project for classification, American Community Survey 5-Year Data (2015-2019), Table B25003 for tenure. 2.5 HOUSING STOCK CHARACTERISTICS HOUSING TYPES, YEAR BUILT, VACANCY, AND PERMITS In recent years, most housing produced in the region and across the state consisted of single-family homes and larger multi-unit buildings. However, some households are increasingly interested in “missing middle housing” – including duplexes, triplexes, townhomes, cottage clusters, and accessory dwelling units (ADUs). These housing types may open up more options across incomes and tenure, from young households seeking homeownership options to seniors looking to downsize and age-in- place. The housing stock of Tiburon in 2020 was made up of 65.4% single-family detached homes, 9.5% single-family attached homes, 9.4% multi-family homes with 2 to 4 units, 15.4% multifamily homes with 5 or more units, and 0.3% mobile homes (see Figure 18). In Tiburon, the housing type that experienced the most growth between 2010 and 2020 was Single-Family Home: Detached. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 31 Figure 18: Housing Type Trends Universe: Housing units Source: California Department of Finance, E-5 series Production has not kept up with housing demand for several decades in the Bay Area, as the total number of units built and available has not yet come close to meeting the population and job growth experienced throughout the region. In Tiburon, the largest proportion of the housing stock was built 1960 to 1979, with 1,950 units constructed during this period (see Figure 19). Between 2010 and 2020, 1.3% of the housing stock was built, which was 56 units. Figure 19: Housing Units by Year Structure Built Universe: Housing units Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25034 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 32 Vacant units make up 9.3% of the overall housing stock in Tiburon. The rental vacancy stands at 6.9%, while the ownership vacancy rate is 1.8%. Of the vacant units, the most common type of vacancy is Other Vacant (see Figure 20).18 Throughout the Bay Area, vacancies make up 2.6% of the total housing units, with homes listed for rent; units used for recreational or occasional use, and units not otherwise classified (other vacant) making up the majority of vacancies. The Census Bureau classifies a unit as vacant if no one is occupying it when census interviewers are conducting the American Community Survey or Decennial Census. Vacant units classified as “for recreational or occasional use” are those that are held for short- term periods of use throughout the year. Accordingly, vacation rentals and short-term rentals like Airbnb are likely to fall in this category. The Census Bureau classifies units as “other vacant” if they are vacant due to foreclosure, personal/family reasons, legal proceedings, repairs/renovations, abandonment, preparation for being rented or sold, or vacant for an extended absence for reasons such as a work assignment, military duty, or incarceration.19 In a region with a thriving economy and housing market like the Bay Area, units being renovated/repaired and prepared for rental or sale are likely to represent a large portion of the “other vacant” category. Additionally, the need for seismic retrofitting in older housing stock could also influence the proportion of “other vacant” units in some jurisdictions.20 18 The vacancy rates by tenure is for a smaller universe than the total vacancy rate first reported, which in principle includes the full stock (9.3%). The vacancy by tenure counts are rates relative to the rental stock (occupied and vacant) and ownership stock (occupied and vacant) - but exclude a significant number of vacancy categories, including the numerically significant other vacant. 19 For more information, see pages 3 through 6 of this list of definitions prepared by the Census Bureau: https://www.census.gov/housing/hvs/definitions.pdf. 20 See Dow, P. (2018). Unpacking the Growth in San Francisco’s Vacant Housing Stock: Client Report for the San Francisco Planning Department. University of California, Berkeley. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 33 Figure 20 Vacant Units by Type Universe: Vacant housing units Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25004 Between 2015 and 2019, sixteen housing units were issued permits in Tiburon. 93.8% of permits issued in Tiburon were for above moderate-income housing, 0% were for moderate-income housing, and 6.2% were for low- or very low-income housing (see Table 3). Table 3: Housing Permitting Income Group Number Above Moderate Income Permits 15 Moderate Income Permits 0 Low Income Permits 1 Very Low Income Permits 0 Universe: Housing permits issued between 2015 and 2019 Notes: HCD uses the following definitions for the four income categories: Very Low Income: units affordable to households making less than 50% of the Area Median Income for the county in which the jurisdiction is located. Low Income: units affordable to households making between 50% and 80% of the Area Median Income for the county in which the jurisdiction is located. Moderate Income: units affordable to households making between 80% and 120% of the Area Median Income for the county in which the jurisdiction is located. Above Moderate Income: units affordable to households making above 120% of the Area Median Income for the county in which the jurisdiction is located. Source: California Department of Housing and Community Development (HCD), 5th Cycle Annual Progress Report Permit Summary (2020) 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 34 ASSISTED HOUSING DEVELOPMENTS AT-RISK OF CONVERSION While there is an immense need to produce new affordable housing units, ensuring that the existing affordable housing stock remains affordable is equally important. Additionally, it is typically faster and less expensive to preserve existing affordable units that are at risk of converting to market-rate than it is to build new affordable housing. The data in the Table 4 comes from the California Housing Partnership’s Preservation Database, the state’s most comprehensive source of information on subsidized affordable housing at risk of losing its affordable status and converting to market-rate housing. However, this database does not include all deed-restricted affordable units in the state, so there may be at-risk assisted units in a jurisdiction that are not captured in this data table. There are 118 assisted units in Tiburon in the Preservation Database. Of these units, 0.0% are at High Risk or Very High Risk of conversion.21 Table 4: Assisted Units at Risk of Conversion Income Tiburon Marin County Bay Area Low 78 2,368 110,177 Moderate 0 0 3,375 High 0 56 1,854 Very High 0 17 1,053 Total Assisted Units in Database 78 2,441 116,459 Universe: HUD, Low-Income Housing Tax Credit (LIHTC), USDA, and CalHFA projects. Subsidized or assisted developments that do not have one of the aforementioned financing sources may not be included. 21 California Housing Partnership uses the following categories for assisted housing developments in its database: Very-High Risk: affordable homes that are at-risk of converting to market rate within the next year that do not have a known overlapping subsidy that would extend affordability and are not owned by a large/stable non- profit, mission-driven developer. High Risk: affordable homes that are at-risk of converting to market rate in the next 1-5 years that do not have a known overlapping subsidy that would extend affordability and are not owned by a large/stable non-profit, mission-driven developer. Moderate Risk: affordable homes that are at-risk of converting to market rate in the next 5-10 years that do not have a known overlapping subsidy that would extend affordability and are not owned by a large/stable non- profit, mission-driven developer. Low Risk: affordable homes that are at-risk of converting to market rate in 10+ years and/or are owned by a large/stable non-profit, mission-driven developer. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 35 There are a total of 162 below market rate units within existing housing developments in Tiburon. Table 5 lists these affordable housing developments and indicates the timeframe for which the affordability of the units is protected. This table includes all housing units that were financed with state, federal, or local funding sources. Table 5: Deed-Restricted Affordable Housing in Tiburon Development Very Low Income Units Low Income Units Moderate Income Units Conserved Until Chandler’s Gate 4 0 0 2057 Hilarita Apartments 84 7 0 Perpetuity Tiburon Hill Estates 0 16 0 Perpetuity Point Tiburon Marsh 0 0 20 >20271a Cecilia Place 16 0 0 2092 Bradley House 0 15 0 Perpetuity12/31/30 Total units 104 38 20 a Each owner is locked into a 30-year affordability period. This 30-year period starts over with each new owner. Unless a unit is held by the same owner for 30 years or more, the affordability will be in perpetuity. The initial 30-year term was established in 1987.The Town has a right to first refusal to purchase affordable units as they come up for resale. Currently, the Town owns eight of these units. Bradley House is a 15-unit housing development that provides a mix of studio and one-bedroom apartments for low-income seniors and the disabled. According to the California Housing Partnership (CHP), 12 of the 15 units at Bradley House are identified as being funded through a HUD program with an estimated affordability end date of 12/31/30. CHP considers these to be at low risk of being converted to market rate because they are owned by a large and stable non-profit, mission driven developer. The property is owned by the Marin Housing Authority through its nonprofit housing corporation, Marin County Housing Development Financing Corporation. It is managed by EAH Housing, one of the largest affordable housing developers in Marin County. In the unlikely event that the Marin Housing Authority wished to sell the property, EAH indicated they would be interested in purchasing the property and maintaining the current affordability levels. Other nonprofit affordable housing providers that operate in Marin County include Bridge Housing, Mercy Housing, and Eden Housing. EAH said they would pursue the typical funding programs to purchase the development, including tax credits and federal, state, county, and local funding sources. A one-bedroom 672 square foot condo sold in October 2022 for $665,000, indicating that 12 similar-sized units would sell for approximately $7,980,000. Program H-n directs the Town to monitor the potential expiration of funding and to assist in maintaining the affordability of the development. The 20 affordable units at Point Tiburon Marsh were developed in 1987 with 30-year affordability requirements. Each owner is locked into a 30-year affordability period, and the 30-year period starts over with each new owner. Unless a unit is held by the same owner for 30 years or more, the affordability will be in perpetuity. The Town has a first right of refusal to purchase the affordable units as they come up for resale. Currently, the Town owns eight of the units. The Town in turn rents these 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 36 units to Town employees, or Tiburon Peninsula public agencies, in accordance with the Town’s adopted policy to rent to moderate-income households. Most recently, the Town purchased a unit in 2019 for $228,243. In addition to the purchase price the Town paid for closing costs and completed minor repair before placing the unit into service. The total cost to acquire and prepare the unit for use was approximately $245,000. There are two affordable units at Point Tiburon Marsh with thirty year-affordability terms that are set within the next ten years: 16 Marsh Road expires on 6/30/28 and 28 Marsh Road expires on 8/4/28. It is the Town’s desire to purchase the Point Tiburon Marsh units when they become available. The Town’s Low-Moderate Income Housing Fund and Town-Owned Housing Units Fund are used to purchase and maintain below-market-rate units. The resources currently available in these funds total approximately $1.53 million. If the Town does not purchase the unit, Marin Housing Authority will resell the unit to another low or moderate income buyer. If the current owner of 16 Marsh Road or 28 Marsh Road still owns the unit when the affordability term expires in 2028, the unit will no longer be subject to an affordability requirement. Program H-u “Provide Public Employee Housing Assistance” directs the Town to utilize the Town’s Low-Moderate Income Housing Fund and Town Owned Housing Units Fund to purchase below market rate units as they become available and to maintain the Town’s portfolio of Town-owned affordable housing. SUBSTANDARD HOUSING Housing costs in the region are among the highest in the country, which could result in households, particularly renters, needing to live in substandard conditions in order to afford housing. Generally, there is limited data on the extent of substandard housing issues in a community. However, the Census Bureau data included in Figure 22 gives a sense of some of the substandard conditions that may be present in Tiburon. For example, 1.5% of renters in Tiburon reported lacking a kitchen and 0% of renters lack plumbing, compared to 0% of owners who lack a kitchen and 0% of owners who lack plumbing. In general, the condition of Tiburon’s housing stock is excellent. Due to the high real estate value in Tiburon, properties, especially single family houses, are generally well-maintained. According to Town Planning & Building staff, EAH is currently rehabilitating the Hilarita, a 91-unit affordable housing development. Approximately 120-150 apartments are in in need of rehabilitation, and no housing units are in need of replacement. The Housing Element contains programs to promote available rehabilitation loans to lower income households. Programs include H-v Rehabilitation Loan Programs and H-bb Link Code Enforcement with Public Information Programs on Town Standards, Rehabilitation, and Energy Loan Programs. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 37 Figure 21: Substandard Housing Issues Universe: Occupied housing units Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25053, Table B25043, Table B25049 The Housing Element contains several programs to assist low-income households in performing necessary repairs and upgrades including Program H-b Improve Community Awareness of Housing needs, issues, and Programs; Program H-u Rehabilitation Loan Programs; and Program H-aa Link Code Enforcement with Public Information Programs on Town Standards and Rehabilitation, and Energy Loan Programs. HOME AND RENT VALUES Home prices reflect a complex mix of supply and demand factors, including an area’s demographic profile, labor market, prevailing wages, and job outlook, coupled with land and construction costs. In the Bay Area, the costs of housing have long been among the highest in the nation. The typical home value in Tiburon was estimated at $2,753,430 by December of 2020, per data from Zillow. The largest proportion of homes were valued more than $2M (see Figure 22). By comparison, the typical home value is $1,288,800 in Marin County and $1,077,230 the Bay Area, with the largest share of units valued $750k-$1m (county) and $500k-$750k (region). The region’s home values have increased steadily since 2000, besides a decrease during the Great Recession. The rise in home prices has been especially steep since 2012, with the median home value in the Bay Area nearly doubling during this time. Since 2001, the typical home value has increased 130.4% in Tiburon from $1,195,000 to $2,753,430. This change is below the change in Marin County, and below the change for the region (see Figure 23). 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 38 Figure 22: Home Values of Owner-Occupied Units Universe: Owner-occupied units Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25075 Figure 23: Zillow Home Value Index (ZHVI) Universe: Owner-occupied housing units Notes: Zillow describes the ZHVI as a smoothed, seasonally adjusted measure of the typical home value and market changes across a given region and housing type. The ZHVI reflects the typical value for homes in the 35th to 65th percentile range. The ZHVI includes all owner-occupied housing units, including both single-family homes and condominiums. More information on the ZHVI is available from Zillow. The regional estimate is a household-weighted average of county-level ZHVI files, where household counts are yearly estimates from DOF’s E-5 series For unincorporated areas, the value is a population weighted average of unincorporated communities in the county matched to census-designated population counts. Source: Zillow, Zillow Home Value Index (ZHVI) 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 39 Similar to home values, rents have also increased dramatically across the Bay Area in recent years. Many renters have been priced out, evicted, or displaced, particularly communities of color. Residents finding themselves in one of these situations may have had to choose between commuting long distances to their jobs and schools or moving out of the region, and sometimes, out of the state. In Tiburon, the largest proportion of rental units rented are in the Rent $2000-$2500 category, totaling 24.1%, followed by 22.8% of units renting in the Rent $2500-$3000 category (see Figure 24). Looking beyond the town, the largest share of units is in the rent for $1500-$2000 category. Figure 24: Contract Rents for Renter-Occupied Units Universe: Renter-occupied housing units paying cash rent Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25056 Since 2009, the median rent has increased by 21.1% in Tiburon, from $1,940 to $2,310 per month (see Figure 25). In Marin County, the median rent has increased 25.1%, from $1,560 to $1,960. The median rent in the region has increased significantly during this time from $1,200 to $1,850, a 54% increase.22 22 While the data on home values shown in Figure 24 comes from Zillow, Zillow does not have data on rent prices available for most Bay Area jurisdictions. To have a more comprehensive dataset on rental data for the region, the rent data in this document comes from the U.S. Census Bureau’s American Community Survey, which may not fully reflect current rents. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 40 Figure 25: Median Contract Rent Universe: Renter-occupied housing units paying cash rent Source: U.S. Census Bureau, American Community Survey 5-Year Data releases, starting with 2005-2009 through 2015- 2019, B25058, B25056 (for unincorporated areas). According to RentCafé, the average rent in Tiburon is $5,153, and the average unit size is 1,082 square feet. The cost of rent varies according to several factors, including unit size, number of bedrooms, condition, and amenities.23 COST-BURDENED HOUSEHOLDS A household is considered “cost-burdened” if it spends more than 30% of its monthly income on housing costs, while those who spend more than 50% of their income on housing costs are considered “severely cost-burdened.” Low-income residents are the most impacted by high housing costs and experience the highest rates of cost burden. Spending such large portions of their income on housing puts low-income households at higher risk of displacement, eviction, or homelessness. Renters are often more cost-burdened than owners. While the housing market has resulted in home prices increasing dramatically, homeowners often have mortgages with fixed rates, whereas renters are more likely to be impacted by market increases. When looking at the cost burden across tenure in Tiburon, 22.9% of renters spend 30% to 50% of their income on housing compared to 16.8% of those that own (see Figure 26). Additionally, 18.3% of renters spend 50% or more of their income on housing, while 19.3% of owners are severely cost-burdened. 23 RentCafé, https://www.rentcafe.com/average-rent-market-trends/us/ca/belvedere-tiburon/, updated May 2022. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 41 Figure 26: Cost Burden by Tenure Universe: Occupied housing units Notes: Cost burden is the ratio of housing costs to household income. For renters, housing cost is gross rent (contract rent plus utilities). For owners, housing cost is “select monthly owner costs”, which includes mortgage payment, utilities, association fees, insurance, and real estate taxes. HUD defines cost-burdened households as those whose monthly housing costs exceed 30% of monthly income, while severely cost-burdened households are those whose monthly housing costs exceed 50% of monthly income. Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25070, B25091 In Tiburon, 15.1% of all households spend 50% or more of their income on housing, while 16.0% spend 30% to 50%. However, these rates vary greatly across income categories (see Figure 27). For example, 66.7% of Tiburon households making less than 30% of AMI (i.e., extremely low income households) spend the majority of their income on housing. For Tiburon residents making more than 100% of AMI, just 5.1% are severely cost-burdened, and 81.0% of those making more than 100% of AMI spend less than 30% of their income on housing. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 42 Figure 27: Cost Burden by Income Level Universe: Occupied housing units Notes: Cost burden is the ratio of housing costs to household income. For renters, housing cost is gross rent (contract rent plus utilities). For owners, housing cost is “select monthly owner costs”, which includes mortgage payment, utilities, association fees, insurance, and real estate taxes. HUD defines cost-burdened households as those whose monthly housing costs exceed 30% of monthly income, while severely cost-burdened households are those whose monthly housing costs exceed 50% of monthly income. Income groups are based on HUD calculations for Area Median Income (AMI). HUD calculates the AMI for different metropolitan areas, and the nine county Bay Area includes the following metropolitan areas: Napa Metro Area (Napa County), Oakland-Fremont Metro Area (Alameda and Contra Costa Counties), San Francisco Metro Area (Marin, San Francisco, and San Mateo Counties), San Jose-Sunnyvale-Santa Clara Metro Area (Santa Clara County), Santa Rosa Metro Area (Sonoma County), and Vallejo-Fairfield Metro Area (Solano County). The AMI levels in this chart are based on the HUD metro area where this jurisdiction is located. Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release Table 6 shows the number of cost-burdened renter and owner households by income category. Among the lower-income categories, the greatest number of cost-burdened owners are low income households (160), while the greatest number of cost-burdened renters are extremely low income households (320). Table 6: Household Overpayment by Income and Tenure Household by Income & Housing Cost Burden Total Renters Total Owners Extremely Low Income (0-30% of AMI) Cost Burden >30% and <50% 110 70 Cost Burden >50% 90 70 Very Low Income Households (31-50% of AMI) Cost Burden >30% and <50% 50 80 Cost Burden >50% 50 65 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 43 Low Income Households (51-80% of AMI) Cost Burden >30% and <50% 120 90 Cost Burden>50% 15 70 Moderate and Above Moderate Income (over 80% of AMI) Cost Burden >30% and <50% 115 555 Cost Burden >50% 0 215 Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release Currently, people of color are more likely to experience poverty and financial instability as a result of historical federal and local housing policies that excluded them from the same opportunities extended to white residents. As a result, they often pay a greater percentage of their income on housing, and in turn, are at a greater risk of housing insecurity. Hispanic or Latinx residents are the most cost burdened with 25.9% spending 30% to 50% of their income on housing, and Asian / API, Non-Hispanic residents are the most severely cost burdened with 31.0% spending more than 50% of their income on housing (see Figure 28). 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 44 Figure 28: Cost Burden by Race - Universe: Occupied housing units Notes: Cost burden is the ratio of housing costs to household income. For renters, housing cost is gross rent (contract rent plus utilities). For owners, housing cost is “select monthly owner costs”, which includes mortgage payment, utilities, association fees, insurance, and real estate taxes. HUD defines cost-burdened households as those whose monthly housing costs exceed 30% of monthly income, while severely cost-burdened households are those whose monthly housing costs exceed 50% of monthly income. For the purposes of this graph, the “Hispanic or Latinx” racial/ethnic group represents those who identify as having Hispanic/Latinx ethnicity and may also be members of any racial group. All other racial categories on this graph represent those who identify with that racial category and do not identify with Hispanic/Latinx ethnicity. Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release Large family households often have special housing needs due to a lack of available adequately sized affordable housing. The higher costs required for homes with multiple bedrooms can result in larger families experiencing a disproportionate cost burden than the rest of the population and can increase the risk of housing insecurity. In Tiburon, 9.8% of large family households experience a cost burden of 30%-50%, while 13.7% of households spend more than half of their income on housing. Some 16.5% of all other households have a cost burden of 30%-50%, with 15.2% of households spending more than 50% of their income on housing (see Figure 29). 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 45 Figure 29: Cost Burden by Household Size Universe: Occupied housing units Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release When cost-burdened seniors are no longer able to make house payments or pay rents, displacement from their homes can occur, putting further stress on the local rental market or forcing residents out of the community they call home. Understanding how seniors might be cost-burdened is of particular importance due to their special housing needs, particularly for low-income seniors. 78.9% of seniors making less than 30% of AMI (i.e., extremely low income households) are spending the majority of their income on housing. For seniors making more than 100% of AMI, 80.8% are not cost-burdened and spend less than 30% of their income on housing (see Figure 30). 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 46 Figure 30: Cost-Burdened Senior Households by Income Universe: Senior households Notes: For the purposes of this graph, senior households are those with a householder who is aged 62 or older. The AMI levels in this chart are based on the HUD metro area where this jurisdiction is located. Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release The fundamental strategy for addressing the Town’s long-term overpayment problem is to create new opportunities for redevelopment to multifamily and mixed use housing with an emphasis on affordable housing. This is reflected in Program H-a Focus Town Resources on Housing Opportunity Sites; Program H-l Redevelopment Funding; Program H-m Work with Non-Profits on Housing; Program H-cc Work with Non-Profits and Property Owners on Housing Opportunity Sites; Program H-dd Implement Affordable Housing Overlay Zone and Inclusionary Housing Ordinance; and H-ee Bonuses for Affordable Housing Projects Consistent with State Density Bonus Law. Other policies and programs address housing overpayment directly, including Program H-w Rental Assistance Programs. OVERCROWDING Overcrowding occurs when the number of people living in a household is greater than the home was designed to hold. There are several different standards for defining overcrowding, but this report uses the Census Bureau definition, which is more than one occupant per room (not including bathrooms or kitchens). Additionally, the Census Bureau considers units with more than 1.5 occupants per room to be severely overcrowded. Overcrowding is often related to the cost of housing and can occur when demand in a city or region is high. In many cities, overcrowding is seen more amongst those that are renting, with multiple households sharing a unit to make it possible to stay in their communities. In Tiburon, 4.2% of households that rent are severely overcrowded (more than 1.5 occupants per room), compared to 0% of households that own (see Figure 31). In Tiburon, 4.4% of renters experience moderate overcrowding (1 to 1.5 occupants per room), compared to 0% for those who own. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 47 Figure 31: Overcrowding by Tenure and Severity Universe: Occupied housing units Notes: The Census Bureau defines an overcrowded unit as one occupied by 1.01 persons or more per room (excluding bathrooms and kitchens), and units with more than 1.5 persons per room are considered severely overcrowded. Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release In many communities, overcrowding often disproportionately impacts low-income households. In Tiburon, 0% of very low-income households (below 50% AMI) experience severe overcrowding, while 0% of households above 100% experience this level of overcrowding (see Figure 32). There are no extremely low overcrowded households in Tiburon. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 48 Figure 32: Overcrowding by Income Level and Severity Universe: Occupied housing units Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release Communities of color are more likely to experience overcrowding similar to how they are more likely to experience poverty, financial instability, and housing insecurity. People of color tend to experience overcrowding at higher rates than White residents. In Tiburon, the racial group with the largest overcrowding rate is Black or African American (Hispanic and Non-Hispanic (see Figure 33). Figure 33: Overcrowding by Race Universe: Occupied housing units 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 49 Notes: For this table, the Census Bureau does not disaggregate racial groups by Hispanic/Latinx ethnicity. However, data for the white racial group is also reported for white householders who are not Hispanic/Latinx. Since residents who identify as white and Hispanic/Latinx may have very different experiences within the housing market and the economy from those who identify as white and non-Hispanic/Latinx, data for multiple white sub-groups are reported here. The racial/ethnic groups reported in this table are not all mutually exclusive. Therefore, the data should not be summed as the sum exceeds the total number of occupied housing units for this jurisdiction. However, all groups labelled “Hispanic and Non-Hispanic” are mutually exclusive, and the sum of the data for these groups is equivalent to the total number of occupied housing units. Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25014 2.6 SPECIAL HOUSING NEEDS LARGE HOUSEHOLDS Large households often have different housing needs than smaller households. If a city’s rental housing stock does not include larger apartments, large households who rent could end up living in overcrowded conditions. In Tiburon, for large households with 5 or more persons, most units (70.9%) are owner occupied (see Figure 34). In 2017, 3.9% of large households were very low-income, earning less than 50% of the area median income (AMI). Figure 34: Household Size by Tenure Universe: Occupied housing units Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25009 The unit sizes available in a community affect the household sizes that can access that community. Large families are generally served by housing units with 3 or more bedrooms, of which there are 2,555 units in Tiburon. Among these large units with 3 or more bedrooms, 18.2% are renter-occupied and 81.8% are owner-occupied (see Figure 35). The supply of large housing units with 3 or more bedrooms far exceeds the number of households with 5 or more persons (2,555 units vs. 326 large households), indicating that many households are over-housed. Increasing the supply of smaller units would assist smaller households, including senior households, to downsize, thereby rebalancing the 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 50 housing stock. Considering that 23.5% of large households are paying more than 30% of their income on housing costs (approximately 77 large households), there is also a need for affordable large units. Figure 35: Housing Units by Number of Bedrooms Universe: Housing units Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25042 Strategies and Programs to Meet the Projected Needs of Large Households Large households would benefit from multifamily housing that includes childcare facilities. Housing with large-household units should be located near public transit, schools, parks and recreational facilities, and the library. The preceding needs analysis indicates that the number of homes in Tiburon with three or more bedrooms is greater than the number of large families. In addition to providing more rental housing with 3 or more bedrooms, providing more units that enable seniors currently living in Tiburon to downsize can be an effective strategy to rebalance the housing stock. The Town’s Inclusionary housing ordinance requires 10% of new units to be designed for special needs households, including affordable units with three or more bedrooms for large families and units for seniors. The Housing Element contain policies and programs to increase the diversity of the housing stock and provide more housing for large households including Program H-a Focus Town Resources on Housing Opportunity Sites; Program H-m Redevelopment Funding; Program H-n Work with Non-Profits on Housing; Program H-s Provisions of Affordable Housing for Special Needs Households; Program H-ff Bonuses for Affordable Housing Projects Consistent with State Density Bonus Law; Program H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites; and Program H-ee Implement Affordable Housing Overlay Zone and Inclusionary Housing Ordinance. More broadly, the Housing Element sets fundamental policy that commits the Town to planning for all households of all sizes and types and protecting all households from discrimination based on family status including Program H-b Improve Community Awareness of Housing Needs, Issues and Programs, Program H-q Housing Discrimination Complaints, and Program H-r Reasonable Accommodation. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 51 FEMALE-HEADED HOUSEHOLDS Households headed by one person are often at greater risk of housing insecurity, particularly female- headed households, who may be supporting children or a family with only one income. In Tiburon, the largest proportion of households is Married-couple Family Households at 62.7% of total, while Female-Headed Households make up 5.2% of all households. Figure 36: Household Type Universe: Households Notes: For data from the Census Bureau, a “family household” is a household where two or more people are related by birth, marriage, or adoption. “Non-family households” are households of one person living alone, as well as households where none of the people are related to each other. Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B11001 Female-headed households with children may face particular housing challenges, with pervasive gender inequality resulting in lower wages for women. Moreover, the added need for childcare can make finding a home that is affordable more challenging. In Tiburon, 15.7% of female-headed households with children fall below the Federal Poverty Line (20 households), while 0% of female-headed households without children live in poverty (see Figure 37). There is a limited supply of deed-restricted, affordable housing for female-headed households in Tiburon. Developments include the Hilarita Apartments (91 units), the Tiburon Hill Estates (16 units), and Point Tiburon Marsh (20 units). There is a need for affordable housing for female-headed households in Tiburon. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 52 Figure 37: Female-Headed Household by Poverty Status Universe: Female Households Notes: The Census Bureau uses a federally defined poverty threshold that remains constant throughout the country and does not correspond to Area Median Income. Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B17012 Strategies and Programs to Meet Projected Needs The Town’s Inclusionary housing ordinance requires 10% of new units to be designed for special needs households, including Smaller, affordable residential units, especially for lower income single-person and single parent households. This Element includes policies and programs promoting affordable, multifamily housing near schools, services, and transit that would address the needs of many single- parent and female-headed households including Program H-a Focus Town Resources on Housing Opportunity Sites; Program H-m Redevelopment Funding; Program H-n Work with Non-Profits on Housing; Program H-s Provisions of Affordable Housing for Special Needs Households; Program H-ff Bonuses for Affordable Housing Projects Consistent with State Density Bonus Law; Program H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites; and Program H-ee Implement Affordable Housing Overlay Zone and Inclusionary Housing Ordinance. This Housing Element recognizes the potential for discrimination against families with children and include policies and program to protect household base on family status including Program H-b Improve Community Awareness of Housing Needs, Issues and Programs, Program H-q Housing Discrimination Complaints, and Program H-r Reasonable Accommodation. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 53 SENIORS Senior households often experience a combination of factors that can make accessing or keeping affordable housing a challenge. They often live on fixed incomes and are more likely to have disabilities, chronic health conditions and/or reduced mobility. Seniors who rent may be at even greater risk for housing challenges than those who own, due to income differences between these groups. The largest proportion of senior households who rent make Greater than 100% of AMI, while the largest proportion of senior households who are homeowners falls in the income group Greater than 100% of AMI (see Figure 38). Extremely low income (0-30% AMI) senior households are more likely to be owners than renters. Figure 38: Senior Households by Income and Tenure Universe: Senior households Notes: For the purposes of this graph, senior households are those with a householder who is aged 62 or older. The AMI levels in this chart are based on the HUD metro area where this jurisdiction is located. Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release There are limited options for seniors seeking deed-restricted, affordable housing. There are only two affordable housing developments dedicated to seniors: Cecilia Place with 16 studios for low-income seniors, and Bradley House with 15 units for low-income elderly/disabled individuals. Both have waiting lists. As discussed previously, the majority of low-income senior residents are cost-burdened. There is a need for affordable senior housing, as well as strategies to help seniors to generate income through ADUs, JADUs, and homesharing so they may age in place. There are no senior independent living, assisted living, residential care, or skilled nursing care facilities in Tiburon. With nearly 12% of the Tiburon population is age 75 or older, there is a critical need for these types of facilities. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 54 Strategies and Programatic Responses to Meet Projected Senior Housing Needs The Town of Tiburon offers services for senior residents through the Belvedere-Tiburon Joint Recreation Committee, The Ranch, including smart phone and tablet training; exercise, dance, and yoga classes; art, music, and language classes; games; and recreation events. The Division of Aging and Adult Services of the Marin County Department of Health and Human Services supports a variety of programs to senior citizens through a network of local non-profit organizations and governmental agencies in Marin County. Services include assisted transportation; food pantries and home-delivered meals; mental health and counseling services; legal aid and advice; adult protective services; in-home supportive services; and public health nursing programs. The Town’s Inclusionary housing ordinance requires 10% of new units to be designed for special needs households, including affordable senior housing. This Element includes policies and programs that would address the needs of many senior households, including those who are disabled, and increase the diversity of the housing stock. Programs include H-a Focus Town Resources on Housing Opportunity Sites; Program H-m Redevelopment Funding; Program H-n Work with Non-Profits on Housing; Program H-s Provisions of Affordable Housing for Special Needs Households; Program H-ff Bonuses for Affordable Housing Projects Consistent with State Density Bonus Law; Program H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites; and Program H-ee Implement Affordable Housing Overlay Zone and Inclusionary Housing Ordinance. In addition, programs are included to assist low-income, including extremely low income, seniors in upgrading their homes (Program H-v Rehabilitation Loan Program), maintaining affordability of rentals (Program H-aa Tenant Protection Strategies), and remaining in their homes by sharing housing costs with another individual (Program H-f Provide Home Match Service). Accessory dwelling units are important options for some seniors. Program H-hh Outreach and Education for Accessory Dwelling Unit Development is designed to assist seniors in enhancing the affordability of their existing home, either by occupying the new ADU or renting it. PEOPLE WITH DISABILITIES People with disabilities face additional housing challenges. Encompassing a broad group of individuals living with a variety of physical, cognitive, and sensory impairments, many people with disabilities live on fixed incomes and are in need of specialized care, yet often rely on family members for assistance due to the high cost of care. When it comes to housing, people with disabilities are not only in need of affordable housing but accessibly designed housing, which offers greater mobility and opportunity for independence. Unfortunately, the need typically outweighs what is available, particularly in a housing market with such high demand. People with disabilities are at a high risk for housing insecurity, homelessness, and institutionalization, particularly when they lose aging caregivers. Figure 39 shows the rates at which different disabilities are present among residents of Tiburon. Overall, 9.9% of people in Tiburon have a disability of any kind.24 24 These disabilities are counted separately and are not mutually exclusive, as an individual may report more than one disability. These counts should not be summed. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 55 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 56 Figure 39: Disability by Type Universe: Civilian noninstitutionalized population 18 years and over Notes: These disabilities are counted separately and are not mutually exclusive, as an individual may report more than one disability. These counts should not be summed. The Census Bureau provides the following definitions for these disability types: Hearing difficulty: deaf or has serious difficulty hearing. Vision difficulty: blind or has serious difficulty seeing even with glasses. Cognitive difficulty: has serious difficulty concentrating, remembering, or making decisions. Ambulatory difficulty: has serious difficulty walking or climbing stairs. Self-care difficulty: has difficulty dressing or bathing. Independent living difficulty: has difficulty doing errands alone such as visiting a doctor’s office or shopping. Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B18102, Table B18103, Table B18104, Table B18105, Table B18106, Table B18107. State law also requires Housing Elements to examine the housing needs of people with developmental disabilities. Developmental disabilities are defined as severe, chronic, and attributed to a mental or physical impairment that begins before a person turns 18 years old. This can include Down’s Syndrome, autism, epilepsy, cerebral palsy, and mild to severe mental retardation. Some people with developmental disabilities are unable to work, rely on Supplemental Security Income, and live with family members. In addition to their specific housing needs, they are at increased risk of housing insecurity after an aging parent or family member is no longer able to care for them. In Tiburon, of the 22 people with a developmental disability, half are children under the age of 18, and half are adults. The most common living arrangement for individuals with disabilities in Tiburon is the home of parent /family /guardian. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 57 Table 7: Population with Developmental Disabilities Residence Type Number Home of Parent /Family /Guardian 20 Independent /Supported Living 4 Other 0 Foster /Family Home 0 Intermediate Care Facility 0 Community Care Facility 0 Universe: Population with developmental disabilities Notes: The California Department of Developmental Services is responsible for overseeing the coordination and delivery of services to more than 330,000 Californians with developmental disabilities including cerebral palsy, intellectual disability, Down syndrome, autism, epilepsy, and related conditions. The California Department of Developmental Services provides ZIP code level counts. To get jurisdiction-level estimates, ZIP code counts were cross walked to jurisdictions using census block population counts from Census 2010 SF1 to determine the share of a ZIP code to assign to a given jurisdiction. Source: California Department of Developmental Services, Consumer Count by California ZIP Code and Residence Type (2020) Persons with disabilities face unique problems in obtaining affordable and adequate housing. This segment of the population, which includes individuals with mental, physical, and developmental disabilities, represent a wide range of housing needs. Housing designed to be barrier-free, with accessibility modifications, proximity to services and transit, and group living opportunities are some of the considerations and accommodations that are important in serving this need group. The need for affordable, handicapped-accessible housing will increase as the population ages. Living arrangements for the disabled vary, depending on the type and severity for their disability, as well as personal preference and lifestyle. Many disabled people live independently at home with the help of family. Assistance may be necessary to maintain independent living, including income support, accessibility improvements to the home, and in-home supportive services. Housing types that address the needs of the disabled include: • single-room occupancy units; • group homes for specific need groups with support services; • set-asides in larger multifamily affordable projects including senior housing developments. Strategies and Programs to Meet Projected Disabled Persons Needs Appropriate housing for persons with mental or physical disabilities include very low cost units in large group home settings (near retail services and public transit), supervised apartment settings with on- or off-site support services, outpatient/day treatment programs, and inpatient/day treatment programs, crisis shelters and transitional housing. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 58 There are a number of housing types appropriate for people living with a developmental disability: rent subsidized homes, licensed and unlicensed single-family homes, inclusionary housing, Section 8 vouchers, special programs for home purchase, HUD housing, and SB 962 homes. The design of housing-accessibility modifications, the proximity to services and transit, and the availability of group living opportunities represent some of the types of considerations that are important in serving this need group. Title 24 of the State Uniform Building Code mandates that all new multi-family residential construction projects containing six or more units must conform to specific disabled adaptability/accessibility regulations. The Title 24 mandate and high-density residential zoning address the needs of several categories of disabled persons, especially the needs of people with physical disabilities. The needs of other disabled people, in addition to basic affordability, range from needing slight modifications of existing units to the need for a variety of supportive housing arrangements. Some of the disabled population can only live successfully in housing that provides a semi-sheltered, semi-independent living, such as clustered group housing or other group living quarters. Others are capable of living independently if affordable units are available. Group homes caring for up to 6 persons are allowed by right in all residential districts. Policies and programs in this Housing Element recognize the special needs of disabled persons including basic civil rights in housing, the need for physical accommodation, and the difficulty many disabled persons have finding housing they can afford. Programs H-b Improve Community Awareness of Housing Needs, Issues, and Programs and H-g Conduct Outreach for Developmentally Disabled Housing Providers will inform residents of services and resources available to them, while Programs H-p Housing Discrimination Complaints and H-q Reasonable Accommodation will help to ensure fair housing for disabled persons. In addition, the Town has adopted procedures for people with disabilities to request reasonable accommodation in the application of zoning laws and other land use regulations, policies, and procedures. As described above, the Town’s Inclusionary housing ordinance requires 10% of new units to be designed for special needs households, including affordable units that are built for, or can easily and inexpensively be adapted for, use by people with disabilities The Element includes policies and programs that would address the needs of many disabled households, including Program H-a Focus Town Resources on Housing Opportunity Sites; Program H-m Redevelopment Funding; Program H-n Work with Non-Profits on Housing; Program H-s Provisions of Affordable Housing for Special Needs Households; Program H-ff Bonuses for Affordable Housing Projects Consistent with State Density Bonus Law; Program H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites; and Program H-ee Implement Affordable Housing Overlay Zone and Inclusionary Housing Ordinance. HOMELESSNESS Homelessness remains an urgent challenge in many communities across the state, reflecting a range of social, economic, and psychological factors. Rising housing costs result in increased risks of community members experiencing homelessness. Far too many residents who have found themselves housing insecure have ended up unhoused or homeless in recent years, either temporarily or longer term. Addressing the specific housing needs for the unhoused population remains a priority throughout the region, particularly since homelessness is disproportionately experienced by people of color, people with disabilities, those struggling with addiction and those dealing with traumatic life circumstances. In Marin County, the most common type of household experiencing homelessness is those without children in their care. Among households experiencing homelessness that do not have 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 59 children, 77.7% are unsheltered. Of homeless households with children, most are sheltered in transitional housing (see Figure 40). Figure 40: Homelessness by Household Type and Shelter Status, Marin County Universe: Population experiencing homelessness Notes: This data is based on Point-in-Time (PIT) information provided to HUD by CoCs in the application for CoC Homeless Assistance Programs. The PIT Count provides a count of sheltered and unsheltered homeless persons on a single night during the last ten days in January. Each Bay Area county is its own CoC, and so the data for this table is provided at the county-level. Per HCD’s requirements, jurisdictions will need to supplement this county-level data with local estimates of people experiencing homelessness. Source: U.S. Department of Housing and Urban Development (HUD), Continuum of Care (CoC) Homeless Populations and Subpopulations Reports (2019) People of color are more likely to experience poverty and financial instability as a result of historical federal and local housing policies that excluded them from the same opportunities extended to white residents. Consequently, people of color are often disproportionately impacted by homelessness, particularly Black residents of the Bay Area. In Marin County, White (Hispanic and Non-Hispanic) residents represent the largest proportion of residents experiencing homelessness and account for 66.2% of the homeless population, while making up 77.8% of the overall population (see Figure 41). 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 60 Figure 41: Racial Group Share of General and Homeless Populations, Marin County Universe: Population experiencing homelessness Notes: This data is based on Point-in-Time (PIT) information provided to HUD by CoCs in the application for CoC Homeless Assistance Programs. The PIT Count provides a count of sheltered and unsheltered homeless persons on a single night during the last ten days in January. Each Bay Area county is its own CoC, and so the data for this table is provided at the county-level. Per HCD’s requirements, jurisdictions will need to supplement this county-level data with local estimates of people experiencing homelessness. HUD does not disaggregate racial demographic data by Hispanic/Latinx ethnicity for people experiencing homelessness. Instead, HUD reports data on Hispanic/Latinx ethnicity for people experiencing homelessness in a separate table. Accordingly, the racial group data listed here includes both Hispanic/Latinx and non-Hispanic/Latinx individuals. Source: U.S. Department of Housing and Urban Development (HUD), Continuum of Care (CoC) Homeless Populations and Subpopulations Reports (2019); U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B01001(A-I) In Marin, Latinx residents represent 18.8% of the population experiencing homelessness, while Latinx residents comprise 15.9% of the general population (see Figure 42). 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 61 Figure 42: Latinx Share of General and Homeless Populations, Marin County Universe: Population experiencing homelessness Notes: This data is based on Point-in-Time (PIT) information provided to HUD by CoCs in the application for CoC Homeless Assistance Programs. The PIT Count provides a count of sheltered and unsheltered homeless persons on a single night during the last ten days in January. Each Bay Area county is its own CoC, and so the data for this table is provided at the county-level. Per HCD’s requirements, jurisdictions will need to supplement this county-level data with local estimates of people experiencing homelessness. The data from HUD on Hispanic/Latinx ethnicity for individuals experiencing homelessness does not specify racial group identity. Accordingly, individuals in either ethnic group identity category (Hispanic/Latinx or non-Hispanic/Latinx) could be of any racial background. Source: U.S. Department of Housing and Urban Development (HUD), Continuum of Care (CoC) Homeless Populations and Subpopulations Reports (2019); U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B01001(A-I) Many of those experiencing homelessness are dealing with severe issues – including mental illness, substance abuse and domestic violence – that are potentially life threatening and require additional assistance. In Marin County, homeless individuals are commonly challenged by severe mental illness, with 275 reporting this condition (see Figure 43). Of those, some 64.4% are unsheltered, further adding to the challenge of handling the issue. The 2019 Marin Homeless Count and Survey Comprehensive Report counted a total of 1,034 homeless people throughout Marin County on January 28, 2019. Sixty-eight percent, or 703 people, were unsheltered. According to the report, there were no unsheltered or sheltered homeless people in Tiburon on that day.25 25 Applied Survey Research, Marin County Homeless Count & Survey Comprehensive Report 2019, retrieved on December 9, 2021, at https://www.marinhhs.org/sites/default/files/files/servicepages/ 2019_07/2019hirdreport_marincounty_final.pdf 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 62 As a result of social distancing and public health safety precautions for the COVID-19 pandemic, the County did not conduct a full Point-in-Time unsheltered homeless count and survey in 2021. Instead, the Marin County Continuum of Care conducted a vehicle count to help understand the existing state of homelessness. The count found 486 people living in vehicles in Marin County in 2021, and no homeless people living in vehicles in Tiburon. Figure 43: Characteristics for the Population Experiencing Homelessness, Marin County Universe: Population experiencing homelessness Notes: This data is based on Point-in-Time (PIT) information provided to HUD by CoCs in the application for CoC Homeless Assistance Programs. The PIT Count provides a count of sheltered and unsheltered homeless persons on a single night during the last ten days in January. Each Bay Area county is its own CoC, and so the data for this table is provided at the county-level. Per HCD’s requirements, jurisdictions will need to supplement this county-level data with local estimates of people experiencing homelessness. These challenges/characteristics are counted separately and are not mutually exclusive, as an individual may report more than one challenge/characteristic. These counts should not be summed. Source: U.S. Department of Housing and Urban Development (HUD), Continuum of Care (CoC) Homeless Populations and Subpopulations Reports (2019) In Tiburon, there were no reported students experiencing homeless in the 2019-20 school year. By comparison, Marin County has seen a 29.9% increase in the population of students experiencing homelessness since the 2016-17 school year, and the Bay Area population of students experiencing homelessness decreased by 8.5%. During the 2019-2020 school year, there were still some 13,718 students experiencing homelessness throughout the region, adding undue burdens on learning and thriving, with the potential for longer term negative effects. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 63 Table 8: Students in Local Public Schools Experiencing Homelessness Academic Year Tiburon Marin County Bay Area 2016-17 0 976 14,990 2017-18 0 837 15,142 2018-19 0 1,126 15,427 2019-20 0 1,268 13,718 Universe: Total number of unduplicated primary and short-term enrollments within the academic year (July 1 to June 30), public schools Notes: The California Department of Education considers students to be homeless if they are unsheltered, living in temporary shelters for people experiencing homelessness, living in hotels/motels, or temporarily doubled up and sharing the housing of other persons due to the loss of housing or economic hardship. The data used for this table was obtained at the school site level, matched to a file containing school locations, geocoded and assigned to jurisdiction, and finally summarized by geography. Source: California Department of Education, California Longitudinal Pupil Achievement Data System (CALPADS), Cumulative Enrollment Data (Academic Years 2016-2017, 2017-2018, 2018-2019, 2019-2020) The Tiburon Chief of Police reports that there are no homeless encampments or people living in vehicles on permanent basis. Occasionally, a transitory homeless person will stay in the Town for a short time and then move to areas where homeless services are available. According to the Police Chief, there are a lack of homeless and mental health services in Marin County which the jurisdictions are working together to address. Strategies and Programs to Meet Projected Needs Although there are no reports of people experiencing homelessness in Tiburon, the Town recognizes that homeless populations tend to congregate in communities with services and that homelessness is a countywide problem that must be addressed inter-jurisdictionally. The Town contributes to Marin Countywide Homeless Fund and collaborates with other Marin jurisdictions to develop resources, facilities, and programs to address homelessness. The Town allows emergency shelters as a permitted use in commercial districts and defines define transitional and supportive housing as residential uses and to allow these uses in all zones that allow residential uses, subject to the same restrictions as housing of the same type. This Housing Element includes Policies H-B4 Countywide Efforts to Address Housing for the Homeless, H-B5 Emergency Shelter Facilities Located in Tiburon, H-B7 Transitional and Supportive Housing, and H-B8 Emergency Housing Assistance and Program H-t Emergency Housing Assistance that renews the Town’s commitment to participate in and allocate funds for Countywide programs providing emergency and transitional shelter and related counseling services. FARMWORKERS Across the state, housing for farmworkers has been recognized as an important and unique concern. Farmworkers generally receive wages that are considerably lower than other jobs and may have 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 64 temporary housing needs. Finding decent and affordable housing can be challenging, particularly in the current housing market. In Tiburon, there were no reported students of migrant workers in the 2019-20 school year. The trend for the region for the past few years has been a decline of 2.4% in the number of migrant worker students since the 2016-17 school year. Table 9: Migrant Worker Student Population Academic Year Tiburon Marin County Bay Area 2016-17 0 0 4,630 2017-18 0 0 4,607 2018-19 0 11 4,075 2019-20 0 0 3,976 Universe: Total number of unduplicated primary and short-term enrollments within the academic year (July 1 to June 30), public schools Notes: The data used for this table was obtained at the school site level, matched to a file containing school locations, geocoded and assigned to jurisdiction, and finally summarized by geography. Source: California Department of Education, California Longitudinal Pupil Achievement Data System (CALPADS), Cumulative Enrollment Data (Academic Years 2016-2017, 2017-2018, 2018-2019, 2019-2020) This table is included in the Data Packet Workbook as Table FARM-01. According to the U.S. Department of Agriculture Census of Farmworkers, the number of permanent farmworkers in Marin County has increased since 2002, totaling 697 in 2017, while the number of seasonal farm workers has increased, totaling 577 in 2017 (see Figure 44). 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 65 Figure 44: Farm Operations and Farm Labor, Marin County Universe: Hired farm workers (including direct hires and agricultural service workers who are often hired through labor contractors) Notes: Farm workers are considered seasonal if they work on a farm less than 150 days in a year, while farm workers who work on a farm more than 150 days are considered to be permanent workers for that farm. Source: U.S. Department of Agriculture, Census of Farmworkers (2002, 2007, 2012, 2017), Table 7: Hired Farm Labor NON-ENGLISH SPEAKERS California has long been an immigration gateway to the United States, which means that many languages are spoken throughout the Bay Area. Since learning a new language is universally challenging, it is not uncommon for residents who have immigrated to the United States to have limited English proficiency. This limit can lead to additional disparities if there is a disruption in housing, such as an eviction, because residents might not be aware of their rights or they might be wary to engage due to immigration status concerns. In Tiburon, 0.9% of residents 5 years and older identify as speaking English not well or not at all, which is below the proportion for Marin County. Throughout the region the proportion of residents 5 years and older with limited English proficiency is 8%. 2.0 HOUSING NEEDS ANALYSIS Draft Town of Tiburon Housing Element | 66 Figure 45: Population with Limited English Proficiency Universe: Population 5 years and over Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B16005 Strategies and Programs to Meet Projected Needs While less than 1% of Tiburon’s population identify as someone with limited English proficiency, the Town recognizes the need to include all residents in outreach efforts and policy making, including those yet to locate to the Town. Program H-d Inclusive Outreach directs the Town to conduct targeted outreach to underrepresented community members, including people who do not speak English as a first language. The Town will provide housing-related materials and surveys in Spanish, provide language translation on the Town’s website, and conduct focus groups with underrepresented community members. 3.0 HOUSING SITES Draft Town of Tiburon Housing Element | 67 3.0 HOUSING SITES State law requires that jurisdictions provide an adequate number of and properly zoned sites to facilitate the production of their regional share of housing. To determine whether a jurisdiction has sufficient land to accommodate its share of regional housing needs for all income groups, that jurisdiction must identify “adequate sites.” Under state law (California Government Code §65583), adequate sites are those with appropriate zoning designations and development regulations – with public facilities and facilities – needed to facilitate and encourage the development of a variety of housing for all income levels. The land resources available for the development of housing in Tiburon are addressed here. 3.1 REGIONAL HOUSING NEEDS ALLOCATION FOR 2022-2030 The California Department of Housing and Community Development (HCD) is required to allocate the region’s share of the statewide housing need to Councils of Government (COGs) based on California Department of Finance population projections and regional population forecasts used in preparing regional transportation plans. The COGs in turn are required to prepare Regional Housing Need Plans allocating the region’s share of the statewide need to cities and counties within the region. The quantification of each jurisdiction’s share of the regional housing need is called the Regional Housing Needs Allocation (RHNA). The RHNA is a minimum number. Jurisdictions may plan for and accommodate a larger number of dwelling units. Jurisdictions must identify adequate sites at appropriate densities and development standards to accommodate the RHNA allocation. Jurisdictions must also show how they will facilitate and encourage development of these units, but they are not required to build or finance the units. HCD has allocated 441,176 units to the nine-county Bay Area as the region’s share of the statewide housing need for the period 2022 through 2030. The Association of Bay Area Governments (ABAG), the region’s COG, adopted a RHNA for the 2022-2030 planning period that assigns 14,405 housing units to Marin cities and towns and the county unincorporated area. The Town of Tiburon’s Regional Housing Need Allocation is 639 units (Table 910). The Town estimates the projected need for units affordable to extremely low income households to be 50% of the very low income need, or 97 units. Table 10: Tiburon’s Regional Housing Need, June 30, 2022, to December 31, 2030 Income Category Units Very Low Income 193 Low Income 110 Moderate Income 93 Above Moderate Income 243 Total 639 3.0 HOUSING SITES Draft Town of Tiburon Housing Element | 68 3.2 SITES INVENTORY Most of the sites within residential zones in the Town are built out or are not viable for development due to environmental or topographic constraints, and therefore offer very limited new housing opportunities. The Town recognizes that it must provide opportunities for high density residential development outside of traditional residential zones. To achieve this goal and provide the density needed to meet the RHNA within the planning period, most of the multifamily sites are in mixed use zones that allow housing. The development of the Sites Inventory is based on analysis of the Town’s Zoning Ordinance and General Plan Land Use Element, Marin County Assessor’s information, the County’s geographical information system (MarinMap), field surveys, aerial photographs, and the Planning Department property files. Site analysis also included staff knowledge of existing conditions and underutilized land, development interests expressed by property owners, community input, and market trends. In addition, the sites were assessed based on the proximity to transit and the Ferry Terminal; access to jobs and high performing schools; access to amenities such as parks and community services; access to schools and grocery stores; and proximity to available infrastructure and utilities. Two of the sites projected to accommodate lower-income housing were identified in the previous Housing Element planning period (Sites 3 and 4), although these sites were recentlywill be rezoned pursuant to Program H-jj to increasing increase the maximum residential density from 20.7 units per acre to 35 units per acre (with a minimum required density of 30 units per acre), thereby greatly enhancing the financial feasibility and marketability of the parcels. The Reed Union School District owns Site 8. All of the other proposed sites are not publicly owned or leased. The Sites Inventory includes developed, non-residential properties that can be redeveloped for mixed- use development that includes residential use, as well as the potential for new single-family homes on vacant sites and accessory dwelling units (ADUs). The inventory lists individual sites by address, parcel number, General Plan land use designation, zoning district, parcel size, allowable density, realistic development capacity, and the anticipated units by income category. Eight of the nine multifamily sites that can accommodate lower-income housing are nonvacant but are expected to be redeveloped during the planning period as described in Section 3.3. In all cases, infrastructure, including water, sewer, and utilities (electricity, natural gas, telephone, cable, internet, and cellular service) is available at or adjacent to the site. The Marin Municipal Water District (MMWD) provides water to the Town of Tiburon as well as the incorporated cities and towns of San Rafael, Mill Valley, Fairfax, San Anselmo, Ross, Larkspur, Corte Madera, Belvedere and Sausalito and communities in unincorporated areas of Marin County. MMWD’s primary water supply is local surface water obtained from rainfall collected from a watershed with six reservoirs. The District receives a supplemental water supply from the Sonoma County Water Agency. The District’s 2020 Urban Water Management Plan (UWMP) has determined that there is adequate supply to meet demand for a projected service population of 211,961 in 2045, an increase of 20,692 people from the 2020 level. Thus, water supply is sufficient to accommodate population growth in Tiburon associated with the development of 639 new residential units, which is estimated at approximately 1,566 new residents (2.45 persons per household). However, the 2020 UWMP was prepared based upon the Association of Bay Area Government 2017 population projections, and therefore does not account for population projections associated within the 6th cycle Housing Element updates for all of the jurisdictions within MMWD’s service area. The aggregate RHNA 3.0 HOUSING SITES Draft Town of Tiburon Housing Element | 69 for these jurisdictions would result in significantly more residential units within MMWD’s service area than what was considered in the UWMP. MMWD must update the Urban Water Management Plan every five years to accommodate new and projected population growth, and the District intends to update the plan to reflect the 6th cycle RHNA and to ensure sufficient water supplies to support the anticipated increase in residential development. Water distribution lines are located at or nearby all of the parcels listed in the Sites Inventory. Sewage collection and treatment is provided by several agencies, depending upon the location of the parcel. The Richardson Bay Sanitary District provides wastewater collection facilities and services, and the Sewerage Agency of Southern Marin provides wastewater treatment for properties located in the western area of Tiburon near the town of Corte Madera. Sanitary District No. 2 provides collection services, and the Central Marin Sanitation Agency treats the wastewater for properties located in the northern area of Tiburon. The eastern end of the Tiburon peninsula is served by Sanitary District No. 5, which provides both wastewater collection and treatment. All agencies have sufficient capacity to serve the additional planned housing units. Sewer lines are located at or nearby all of the parcels listed in the Sites Inventory. Chapter 727, statues of 2005, requires water and sewer providers to grant priority for service allocations to proposed developments that include housing units affordable to lower-income households. MMWD and the wastewater agencies are aware of the statute. Chapter 727 also requires cities and counties to immediately deliver the adopted housing elements of the local general plan and any amendments to water and sewer service providers within a month after adoption. The Town will comply with this requirement. Sites 1-7, 9, and A-G are located in, or partially in, a Special Flood Hazard Area with a 1 percent or greater chance of flooding within any given year. The Town requires all new buildings in Special Flood Hazard Areas to be built with finished floors at least two feet above base flood elevations established by FEMA. This requirement has been taken into account when modeling potential building forms and evaluating unit capacities on each site. Due to the presence of a high water table, no underground parking was assumed in the modeling, which greatly reduces development costs and increases feasibility of the project. Furthermore, new development standards created for the purpose of implementing the new Mixed Use and Main Street zoning districts ensure the unit capacities identified in Table 11 can be achieved on each parcel. New buildings are required to comply with the Town’s ordinances that address flood damage prevention, which are contained in Chapter 13D of the Municipal Code. While they add to the cost of development, they are considered necessary for the safety and welfare of residents, and they have not deterred other redevelopment projects in the Downtown. As a result, the presence of the floodplain and the potential for flooding is not a constraint on development. All housing opportunity sites are located in the Wildland-Urban Interface (WUI), as are virtually all parcels in Tiburon. The California Building Code addresses the wildland fire threat to structures by requiring that structures located in state or locally designated WUI areas be built of fire-resistant materials. Both the Tiburon Fire Protection District and the Southern Marin Fire District, which serve Tiburon, have adopted more stringent building standards for new construction and require a vegetation management plan to create and maintain defensible space. While these requirements may add to the cost of development, they are considered necessary for the safety and welfare of the residents, and they are not expected to constrain new housing development in the planning period. 3.0 HOUSING SITES Draft Town of Tiburon Housing Element | 70 AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) SITE ANALYSIS Assembly Bill 686 passed in 2017 requires the inclusion in the Housing Element an analysis of barriers that restrict access to opportunity 26 and a commitment to specific meaningful actions to affirmatively further fair housing 27. AB 686 mandates that local governments identify meaningful goals to address the impacts of systemic issues such as residential segregation, housing cost burden, and unequal educational or employment opportunities to the extent these issues create and/or perpetuate discrimination against protected classes28. In addition, it: • Requires the state, cities, towns, counties, and public housing authorities to administer their programs and activities related to housing and community development in a way that affirmatively furthers fair housing and prohibits them from taking actions materially inconsistent with their AFFH obligation. • Adds an AFFH analysis to the Housing Element for plans that are due beginning in 2021. • Includes in the Housing Element’s AFFH analysis a summary of fair housing issues and assessment of the Town’s fair housing enforcement and outreach capacity; an analysis of segregation patterns and disparities in access to opportunities; an assessment of contributing factors; and an identification of fair housing goals and actions. The full AFFH analysis is contained in Appendix D. In summary, the analysis finds: • The Town should do more outreach on fair housing laws and available services. The Housing Element contains several programs to address this need. • Tiburon’s population is mostly White (81.6%), but the population is becoming more diverse and the Town is becoming less segregated. • The Town’s RHNA strategy does not disproportionately place lower or moderate income units in lower opportunity areas or in areas with higher concentrations of racial/ethnic minority populations, people with disabilities, single-parent households, low or moderate income households, or cost-burdened renters. • RHNA sites in Tiburon do not exacerbate existing fair housing conditions and ensure future households have adequate access to a variety of opportunities. • The Town’s RHNA strategy ensures that new housing units affordable to all income levels are integrated throughout the Town. ABAG’s regional housing allocation methodology for the 6th housing element cycle was specifically designed to direct more housing growth to high resource areas with higher rates of segregation, like 26 While Californian’s Department of Housing and Community Development (HCD) do not provide a definition of opportunity, opportunity usually related to the access to resources and improve quality of life. HCD and the California Tax Credit Allocation Committee (TCAC) have created Opportunity Maps to visualize place-based characteristics linked to critical life outcomes, such as educational attainment, earnings from employment, and economic mobility 27 “Affirmatively furthering fair housing” is defined to mean taking meaningful actions that “overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity” for communities of color, persons with disabilities, and others protected by California law 28 A protected class is a group of people sharing a common trait who are legally protected from being discriminated against on the basis of that trait. 3.0 HOUSING SITES Draft Town of Tiburon Housing Element | 71 Tiburon, in an effort to achieve more balanced and integrated communities across the Bay Area region. As a result, the RHNA allocation is, in itself, a tool to address housing disparities, and Tiburon’s exceptionally high RHNA (8 times the previous cycle vs. 2.4 for the regional allocation) is a primary means for providing more housing opportunities for all and achieving a more diverse population. In addition, the housing element contains several programs to promote housing mobility and improve new housing opportunities throughout the Town for existing residents and the broader region. These include actions to 1) ensure fair housing opportunities are provided and landlords understand their responsibilities under fair housing laws (Programs H-b, H-q, and H-hh); provide rental assistance to make existing apartments more affordable (Program H-x); and provide home match programs to expand affordable housing opportunities (Program H-f). See Table 213 for detailed information on these programs. With the exception of the Reed School and Mar West sites (Sites 8 and 9), multifamily sites identified to accommodate the lower-income housing need are concentrated in the downtown. In an effort to ensure housing affordable to lower income households was distributed throughout the community, the Town undertook a parcel-by-parcel analysis of all sites outside of the Downtown that were appropriate for high-density multifamily housing and met the following criteria: 1. Over ½ acre; 2. Within walking distance of public transit facilities and services; 3. Not designated as open space; and 4. Not located on steep slopes that were infeasible for high-density multifamily housing. Only two sites met these criteria: the Cove Shopping Center at 1 Blackfield Drive (approximately 2.9 acres) and the Tiburon Baptist Church at 445 Greenwood Beach Rd. (approximately 3.2 acres). Both sites were evaluated at a community workshop, through surveys, and by the Planning Commission and Town Council. For the Cove Shopping Center site, the community explored a mixed use development concept with a residential density of 25-30 units per acre, yielding 72-86 units. For the Tiburon Baptist Church site, the community considered a townhome development concept at 20-25 units per acre, yielding 63-79 units. In both instances, the property owners wrote letters to the Town stating that they were not interested in redeveloping their properties and requesting that their properties not be rezoned and be removed from the housing site inventory the Town was preparing for the housing element update. Nonetheless, Program H-kk states the Town will consider rezoning these sites for lower-income housing if the property owner indicates future interest in redeveloping or adding housing to these sites. Sites 1-7 are identified to meet approximately 90% of the Town’s lower income RHNA. Nonetheless, these sites improve housing mobility and housing choice throughout Town by providing smaller and affordable units that allow seniors currently living in Tiburon to downsize while remaining in Town, as well as units for young adult children who are starting careers and families. Furthermore, the housing sites are interspersed among other downtown sites that are identified for moderate and above moderate income housing, thereby ensuring a balanced and integrated residential community in the downtown area. The Downtown chapter of the Town’s General Plan supports the redevelopment of downtown to provide a vibrant residential neighborhood, a walkable district, and a center for community life. These improvements will result in an equitable quality of life for all Tiburon residents. 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 72 Table 11: Sites Inventory Site # Parcel Number Address GP Designation Existing/ Proposed Zoning District Existing/ Proposed Size (acres) At Proposed Zoning District Environmental Constraints Allowable Density (du/ac) Realistic Develop. Capacity Very Low Low Mod. Above Mod. 1 058-171-91 1525 Tiburon Blvd NC / MU NC / MU 0.66 30-35 19 11 8 0 0 Flood Hazard Area, Wildland Urban Interface (WUI) 2 058-171-43 1535 Tiburon Blvd NC-AHO / MU NC-AHO / MU 0.72 30-35 21 13 7 1 0 Flood Hazard Area, WUI 3 058-171-47 1601 Tiburon Blvd NC-AHO / MU NC-AHO / MU 0.57 30-35 17 10 5 2 0 Flood Hazard Area. WUI 4 058-171-86 4 Beach Rd NC-AHO / MU NC-AHO / MU 1.07 30-35 32 20 10 2 0 Flood Hazard Area, WUI 5 060-082-57 1550 Tiburon Blvd NC / MU NC / MU 2.21 30-35 66 41 21 4 0 Flood Hazard Area, WUI 6 059-101-03 1620 Tiburon Blvd NC / MU NC / MU 0.27 30-35 26 16 8 2 0 Flood Hazard Area, WUI 059-101-04 1640/50 Tiburon Blvd NC / MU NC / MU 0.6 Flood Hazard Area, WUI 7 059-102-15 6 Beach Rd NC / MU VC / MU 0.41 30-35 39 24 12 3 0 Flood Hazard Area, WUI 059-102-16 12 Beach Rd VC / MU VC / MU 1 Flood Hazard Area, WUI 8 058-151-41 1199 Tiburon Blvd. VH – AHO/ VH-25 RMP-AHO/ R-4 2.9 20-25 58 36 18 4 0 Wildland Urban Interface (WUI) 9 058-171-70 1100 Mar West St O / MU O / MU 0.47 30-35 40 25 12 3 0 WUI 058-171-68 1110 Mar West St O / MU O / MU 0.3 WUI 058-171-69 1120 Mar West St O / MU O / MU 0.59 Flood Hazard Area, WUI A 058-171-96 1555 Tiburon Blvd NC-AHO / MU NC-AHO / MU 0.86 30-35 25 11 14 Flood Hazard Area, WUI B 058-171-97 1599 Tiburon Blvd NC-AHO / MU NC-AHO / MU 1.66 30-35 49 23 26 Flood Hazard Area, WUI C 059-101-01 1600 Tiburon Blvd NC-AHO / MU NC-AHO / MU 0.39 30-35 11 5 6 Flood Hazard Area, WUI D 059-101-02 1610 Tiburon Blvd NC / MU NC / MU 0.13 30-35 3 1 2 Flood Hazard Area, WUI E 059-101-15 1660 Tiburon Blvd NC / MU NC / MU 0.43 30-35 12 5 7 Flood Hazard Area, WUI F 059-101-14 1680 Tiburon Blvd NC / MU NC / MU 0.29 30-35 8 4 4 Flood Hazard Area, WUI 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 73 Site # Parcel Number Address GP Designation Existing/ Proposed Zoning District Existing/ Proposed Size (acres) At Proposed Zoning District Environmental Constraints Allowable Density (du/ac) Realistic Develop. Capacity Very Low Low Mod. Above Mod. G 059-102-27 26 Main St./ 2 Juanita Ln VC / MS VC / MS 0.43 20-25 8 4 4 Flood Hazard Area, WUI ADUs Various Various Various Various Various Various 72 21 21 21 9 WUI SF1 Various Various Various Various Various Various 174 0 0 0 174 WUI TOTAL 680 217 122 95 246 RHNA 639 193 110 93 243 1 See Appendix C for parcel-specific list of vacant Single and Two-Family parcels and housing capacity. Note: This draft Housing Element presumes adoption of GP redesignations and Zoning Code amendments for housing opportunity Sites 1-9 and A-G. This construction is meant only to simplify the editing process associated with the final document, not to presume an outcome before it happens. The document and analysis contained herein will be revised, as necessary, to reflect the adopted rezonings. It is the Town’s intent to adopt permitted uses and development standards that support and facilitate the site and capacity analysis described in this section. All rezonings of housing opportunity sites will occur before the Housing Element is adopted. 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 74 Figure 46: Sites Map 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 75 3.3 DENSITY ASSUMPTIONS AND DEVELOPMENT TRENDS The allowable density ranges for Sites 1-9 and A-G identify minimum and maximum densities. Development projects on Site 1-9 are required to achieve minimum residential densities. The realistic development capacities identified in Table 10 11 are calculated based on minimum densities. Market demand in Tiburon and Marin County is overwhelmingly for residential development. Commercial and retail space continues to contract due to the shift to remote work and online shopping. Office vacancy rates in Southern Marin County were 18.9% in the first quarter of 2022, while annual retail and food service taxable transactions in Tiburon have been declining since 2015.29 There are many examples of projects responding to market demand for housing over commercial space in Tiburon and Marin County. A few examples follow. • In Tiburon, an existing one-story, 2,776 square foot commercial building at 1694-1696 Tiburon Boulevard constructed in the 1930s was redeveloped with a 3-story, 5,255 square foot mixed- use building containing ground-floor commercial use and two residential units. The project was approved in 2015 with a FAR of 1.43, exceeding the permitted maximum FAR. • In Corte Madera, a new land use designation, Mixed-Use – Gateway Area was created in the 2009 General Plan Update for a 4.5 acre property which at the time was occupied by a factory that produced disposable polystyrene foodware products. The new designation was intended to encourage higher-density residential development in conjunction with local-serving commercial use and allowed a non-residential floor area ratio of up to 0.34. Allowable residential density for the site was increased from 15.1-25.0 units per acre to 25.1-40 units per acre. In 2011, the site was rezoned to allow up to 10,000 square feet of commercial space. In response to softening commercial real estate demand, the project was approved with only 3,000 square feet of commercial space, which represents a non-residential floor area of 0.02. The project was completed in September 2017 and was fully occupied in January 2019. • In Novato, the Atherton Ranch Master Plan, approved in 2000, originally permitted the construction of a mixed-use development featuring 93 single-family residences, 23 townhomes, 40 senior affordable apartments, and two office/retail buildings totaling 70,550 square feet of floor area. All of the residential components were constructed. The office/retail buildings were not constructed due to lack of demand for new office and retail space. In 2015, the developer applied for a master plan amendment to allow 59 residential condominiums and 6,000 square feet of street-oriented retail space. As commercial market conditions continued to deteriorate, the developer revised their application to reduce the retail space to 1,340 square feet, which was approved by the City in 2017. The new residential units are currently being sold, but the retail space remains vacant. • In San Rafael, the Northgate Mall Redevelopment project proposes a comprehensive redevelopment of the existing mall into an open-air “main street experience” surrounded by mixed-use development of retail and up to 1,441 residences. The project proposes to reduce the existing commercial retail from 775,677 sq. ft. to 225,100 square feet and construct high- 29 California Department of Tax and Fee Administration, Taxable Sales by City, https://www.cdtfa.ca.gov/dataportal/charts.htm?url=TaxSalesCRCityCounty, accessed 5/26/22. 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 76 density multifamily residential buildings in the form of townhome units and five-seven story apartment buildings. The proposed project includes 138 affordable units. As a result of existing market demand for residential units and a corresponding decline in demand for commercial, office, and retail space, the Town believes all mixed use sites will be developed at or near maximum residential density with the same or less commercial space as currently exists. The Mixed Use zone (MU) allows 100% residential use except at corner Ssites B and C (e.g., Sites 3, 5, B and C) where there a small amount of first floor commercial space is required. The Town completed conceptual modeling on representative sites to determine unit capacities given site-specific development standards (including setbacks, building heights, and FAR maximums), parking requirements, and topographical and environmental constraints. The models assume unit sizes ranging from 900 to 1,200 square feet to represent a variety of unit types. Figures 47 -50 show existing conditions and conceptual models for four representative sites. The modeling demonstrates that the unit capacities identified in Table 10 11 can easily be accommodated on the sites given the Town’s development standards and parking requirements and assuming ground-floor commercial on mixed-use sites. Figure 47: Existing Condition and Conceptual Model for Tiburon Blvd. East Corner Site Figure 48: Existing Condition and Conceptual Model for Tiburon Blvd. East Mid-Block Site 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 77 3.4 SITE AND CAPACITY ANALYSIS Sites 1-9 are projected to accommodate a majority of the Town’s lower-income need as identified in Table 1011. Existing conditions, residential density, unit capacity, and development potential of these sites are described below. The sites allow at least 20 units per acre, the “default density” for a suburban jurisdiction like Tiburon and are at least 1/2 acre. Most sites have an allowable maximum density of 35 du/ac. These conditions enable the economies of scale needed to produce affordable housing. Sites C-G are not projected to accommodate a portion of the lower-income because they are smaller than ½ acre. Sites A and B are larger than ½ acre, but the current property owner has not expressed an interest in redeveloping the site for housing at this time. Nonetheless, the Town believes there is a high likelihood that Sites A and B will change ownership within the planning period and will be redeveloped with housing. Figure 49: Existing Condition and Conceptual Model for Tiburon Blvd. West Mid-Block Site Figure 50: Existing Condition and Conceptual Model for Site 8 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 78 SITE 1 Site 1 is located at 1525 Tiburon Boulevard and is identified in Table 10 11 and Figure 46. The parcel is 0.66 acre and is currently used as a parking lot. The Town met with the property owner in February 2022 who stated that construction costs were too high to justify development of the site given the existing maximum allowable residential density of 20.7 units per acre under the affordable housing overlay. The owner also stated that there was insufficient demand for commercial space to require commercial use on the site. The Town subsequently will rezoned the site for 30-35 du/ac pursuant to Program H-jj and made make commercial use optional on mid-block sites such as Site 1. The property owner has expressed interest in redeveloping the site with multifamily housing during the planning period at the new density. There are no existing leases that would perpetuate the existing use and prevent redevelopment. The site is located on a transit route and has several services close by. A grocery store and the public library are located on the same block. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with stops approximately one block away and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The expressed owner interest, aging structure, and underutilized nature of the parcel make this site suitable for development during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 19 units at various affordability levels. To encourage and facilitate affordable housing on the site, the Town will facilitate a meeting among the property owner and affordable housing developers, provide expedited permit review and approval and assistance in obtaining grants, reduce fees for affordable housing units, apply State density bonuses and incentives as applicable, and make available the use of former RDA set-aside funds and/or housing in-lieu funds. Program H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites details the clear and actionable steps, time frame, and responsibility for these actions. SITE 2 Site 2 is located at 1535 Tiburon Boulevard and is identified in Table 10 and Figure 46. The site is 0.72 acres and contains a 7,866 square foot structure built c. 1970s. The site contains a Chase Bank which was closed during the pandemic and has recently reopened. The site was recentlyTown will rezoned to increase the maximum residential density from 20.7 du/ac to 30-35 du/ac pursuant to Program H- jj. Commercial use is will be optional on mid-block sites such as Site 2. Although the Town has been unable to make contact with the property owner, the structure is aging and functionally obsolete, and the site is highly underutilized given the redevelopment potential. There are no known leases or contracts that would prevent redevelopment. The site is located on a transit route and has several services close by. A grocery store and the public library are located on the same block. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with stops approximately one block away and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 79 The aging structure and underutilized nature of the parcel make this site suitable for development during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 21 units at various affordability levels. To encourage and facilitate affordable housing on the site, the Town will facilitate a meeting among the property owner and affordable housing developers, provide expedited permit review and approval and assistance in obtaining grants, reduce fees for affordable housing units, apply State density bonuses and incentives as applicable, and make available the use of former RDA set-aside funds and/or housing in-lieu funds. Program H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites details the clear and actionable steps, time frame, and responsibility for these actions. SITE 3 Site 3 is located at 1601 Tiburon Boulevard and is identified in Table 10 11 and Figure 46. The parcel is 0.57 acres. The site contains a 6,487 building built in 1973, which was previously occupied by Bank of America but has been closed for several years. The Town met with the property owners in February 2022. The property owners stated that they had purchased the property in 2019 with the intent to redevelop the site with housing. They had explored development options but were finding that the maximum allowable density of 20.7 du/ac under the affordable housing overlay was not enough to justify the cost of the project. They were open to including a small amount of commercial space in the project, which the Town desires in order create an active, pedestrian friendly downtown. The Town subsequently will rezone rezoned the site for 30-35 du/ac pursuant to Program H-jj with no and made a small amount of ground floor commercial use required. a requirement for Downtown corner sites such as Site 3. The property owner has expressed interest in redeveloping the site with multifamily housing during the planning period at the new density. There are no existing leases or other contracts that would perpetuate the existing use and prevent redevelopment. The site is located on a transit route and has several services close by. A grocery store is located across the street and the public library is ¼ mile away. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with a stop at the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The expressed owner interest, vacant and aging building on the site, and underutilized nature of the parcel makes this site suitable for development during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield minimum of 17 units at various affordability levels. To encourage and facilitate affordable housing on the site, the Town will facilitate a meeting among the property owner and affordable housing developers, provide expedited permit review and approval and assistance in obtaining grants, reduce fees for affordable housing units, apply State density bonuses and incentives as applicable, and make available the use of former RDA set-aside funds and/or housing in-lieu funds. Program H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites details the clear and actionable steps, time frame, and responsibility for these actions. 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 80 SITE 4 Site 4 is located at 4 Beach Road and is identified in Table 10 11 and Figure 46. The 1.07 acre site is currently used as a parking lot. The Town met with the property owner in February 2022 who stated that construction costs were too high to justify development of the site given the existing maximum allowable residential density of 20.7 units per acre under the affordable housing overlay. The owner also stated that there was insufficient demand for commercial space to require commercial use on the site. The Town subsequently will rezoned the site for 30-35 du/ac pursuant to Program H-jj and makde commercial use optional on mid-block sites such as Site 4. The property owner has expressed interest in redeveloping the site with multifamily housing during the planning period at the new density. There are no existing leases or other contracts that would perpetuate the existing use and prevent redevelopment. The site is located on a transit route and has several services close by. A grocery store is located across the street and the public library is ¼ mile away. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with a stop less than one block away and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The expressed owner interest and underutilized nature of the parcel make this site suitable for development during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 32 units at various affordability levels. To encourage and facilitate affordable housing on the site, the Town will facilitate a meeting among the property owner and affordable housing developers, provide expedited permit review and approval and assistance in obtaining grants, reduce fees for affordable housing units, apply State density bonuses and incentives as applicable, and make available the use of former RDA set-aside funds and/or housing in-lieu funds. Program H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites details the clear and actionable steps, time frame, and responsibility for these actions. SITE 5 Site 5 is located at 1550 Tiburon Boulevard and is identified in Table 10 11 and Figure 46. The site is 2.21 acres. The site contains a 47,418 square foot shopping center built in 1955 that is currently occupied with a grocery store, bank, retail stores, and offices. The Town met with the property owner in April 2022 who expressed interest in redeveloping the site with housing if the Town would allow residential use at a sufficient density. The property owner also attended a Town Council meeting in April 2022 and requested a density of 40-45 du/ac in order to make it financially feasible to redevelop the site with housing. The Town subsequently will rezoned the site to allow mixed use with a residential density of 30-35 du/ac pursuant to Program H-jj. Similar to Site 5, the Town requires commercial use at the corner of the site. The property owner has expressed their desire to retain the existing grocery store as well as some other commercial uses and recognizes that the development will have to occur in phases to accommodate existing uses. There are no known existing leases or other contracts that would prevent redevelopment. The property owner will work with staff to develop a plan where the grocery store is maintained. The developer and the Town will work on a development scenario which may include phasing of the development to retain the grocery store and other tenants and then relocate once a new building is developed. 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 81 Although office vacancy rates in Marin County have somewhat recovered from pandemic highs, the office vacancy rate in Marin County in the third quarter of 2022 was 18.4%, while the office vacancy rate in Southern Marin (where Tiburon is located) was 17.4%.30 A shift to remote work is expected to have long-term impacts on the office rental market, while housing demand remains strong. Similarly, demand for retail space and bricks-and-mortar banks has declined due to online shopping and banking. These trends are expected to continue, reducing the demand for the existing uses. Nonetheless, unit capacities for the site have been determined while taking into account retention of the existing grocery store as well as account additional ground-floor commercial space if the property owner determines there is sufficient demand for it. The site is located on a transit route and has several services close by. A grocery store is located on the parcel and the public library is ¼ mile away. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with a stop at the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The expressed owner interest, aging structure, and underutilized nature of the parcel make this site suitable for development during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 66 units at various affordability levels. To encourage and facilitate affordable housing on the site, the Town will facilitate a meeting among the property owner and affordable housing developers, provide expedited permit review and approval and assistance in obtaining grants, reduce fees for affordable housing units, apply State density bonuses and incentives as applicable, and make available the use of former RDA set-aside funds and/or housing in-lieu funds. Program H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites details the clear and actionable steps, time frame, and responsibility for these actions. SITE 6 Site 6 is located at 1620 and 1640/50 Tiburon Boulevard and is identified in Table 10 11 and Figure 46. The site is comprised of two parcels totaling 0.87 acres which are under the same ownership. The site contains an 8,672 square foot office/retail building built in 1979 and a 14,396 square foot office building built in 1959 with several vacant office spaces. The Town met with the property owner in February 2022 who expressed interest in redeveloping the site with housing if the Town would allow residential use on the site at a sufficient density. The owner also stated that ground-floor commercial use would be feasible on the site. The Town subsequently will rezoned the site to allow mixed use with residential density of 30-35 du/ac pursuant to Program H-jj. Commercial use is will be optional on mid-block sites such as Site 6. Although office vacancy rates in Marin County have somewhat recovered from pandemic highs, the office vacancy rate in Marin County in the third quarter of 2022 was 18.4%, while the office vacancy rate in Southern Marin (where Tiburon is located) was 17.4%. A shift to remote work is expected to 30 Newmark, Marin County Market Reports, 3Q2022. 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 82 have long-term impacts on the office rental market, while housing demand remains strong. Similarly, demand for retail space has declined due to online shopping. These trends are expected to continue, reducing the demand for the existing uses. Nonetheless, unit capacities for the site have been determined while taking into account potential ground-floor commercial space, which could be included in the project if the property owner determines there is sufficient market demand. The site is located on a transit route and has several services close by. A grocery store is one block away, and the public library, parks, and Ferry Terminal is ¼ mile away, as well as other retail and commercial facilities. Recreational facilities and an elementary school are approximately ½ mile walking distance away. Marin Transit provides local bus service with a stop one block away and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The expressed owner interest, aging buildings, and underutilized nature of the parcel make this site suitable for development during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 26 units at various affordability levels. To encourage and facilitate affordable housing on the site, the Town will facilitate a meeting among the property owner and affordable housing developers, provide expedited permit review and approval (including lot consolidation) and assistance in obtaining grants, reduce fees for affordable housing units, apply State density bonuses and incentives as applicable, and make available the use of former RDA set-aside funds and/or housing in-lieu funds. Program H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites details the clear and actionable steps, time frame, and responsibility for these actions. SITE 7 Site 7 is located at 6 and 12 Beach Road and is identified in Table 10 11 and Figure 46. The site comprises two parcels, under the same ownership, totaling 1.41 acres. The site contains buildings constructed in 1960 and 1968 which are currently occupied by a post office and offices, and a 3-unit apartment building at the southern end of the site. The Town met with the property owner in April 2022 who expressed interest in redeveloping the site with housing if the Town would allow residential use at a sufficient density. The property owner also attended a Town Council meeting in April 2022 and requested a density of 40-45 du/ac in order to make it financially feasible to redevelop the site with housing. The Town subsequently will rezoned the site to allow mixed use with a residential density of 30-35 du/ac. Commercial use is will be optional on mid-block sites such as Site 7. There are no known existing leases or other contracts that would prevent redevelopment. The site is located on a transit route and has several services close by. A grocery store is located across the street and the public library, parks, and Ferry Terminal is ¼ mile away, as well as other retail and commercial facilities. Recreational facilities and an elementary school are approximately ½ mile away. Marin Transit provides local bus service with at the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The expressed owner interest, aging buildings, and underutilized nature of the parcel make this site suitable for development during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 39 units at various affordability levels. The existing 3 units have been subtracted from the calculated unit capacity. 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 83 To encourage and facilitate affordable housing on the site, the Town will facilitate a meeting among the property owner and affordable housing developers, provide expedited permit review and approval (including lot consolidation) and assistance in obtaining grants, reduce fees for affordable housing units, apply State density bonuses and incentives as applicable, and make available the use of former RDA set-aside funds and/or housing in-lieu funds. Program H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites details the clear and actionable steps, time frame, and responsibility for these actions. SITE 8 Site 8 is located at 1199 Tiburon Boulevard and is identified in Table 10 11 and Figure 46 above. The site a 2.9 acre vacant portion of a 7.5 acre parcel that is owned by the Reed Union School District. An elementary school is located on the developed portion of the site. The site would ideally be developed with affordable housing for teachers, school staff, and public safety personnel. Due to the site’s topography, clustered multifamily buildings, such as those shown in Figure 50, would be best suited for the site. The Town met with school staff in January 2022 who stated that the school was embarking on a year-long Master Facilities Plan and would consider housing for the site. The site was previouslyis currently included in an affordable housing overlay zone that permitted permits up to 24.8 units per acre. The site was will be recently rezoned to require a minimum of 20 du/ac and a maximum of 25 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. As discussed above, the elementary school is on the site, as is a bus stop. A grocery store, public library, recreational facilities, and parks are ½ mile away, as well as other retail and commercial facilities. The Ferry Terminal is 0.9 miles away. The expressed owner interest and underutilized nature of the parcel make this site suitable for development during the planning period. Based on a minimum density of 20 du/ac, the site is projected to yield a minimum of 58 units at various affordability levels. To encourage and facilitate affordable housing on the site, the Town will facilitate a meeting among the property owner and affordable housing developers, provide expedited permit review and approval and assistance in obtaining grants, reduce fees for affordable housing units, apply State density bonuses and incentives as applicable, and make available the use of former RDA set-aside funds and/or housing in-lieu funds. Program H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites details the clear and actionable steps, time frame, and responsibility for these actions. If the school district chooses not to move forward with housing development on the site by January 31, 2025, the Town will identify and rezone another site or sites to make up for any shortfall in the remaining RHNA for each income category at that time pursuant to Program H-ll. SITE 9 Site 9 is located at 1100, 1110 and 1120 Mar West Drive and is identified in Table 10 11 and Figure 46 above. The site is made up of three contiguous parcels under the same ownership and combined are 1.36 acres. Each parcel contains a 5,880 square foot office building constructed in 1982. In May 2022, 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 84 the property owner contacted the Town and requested that the Town consider rezoning the parcels to allow multifamily housing, stating that the office space has been difficult to lease. Although office vacancy rates in Marin County have somewhat recovered from pandemic highs, the office vacancy rate in Marin County in the third quarter of 2022 was 18.4%, while the office vacancy rate in Southern Marin (where Tiburon is located) was 17.4%. A shift to remote work is expected to have long-term impacts on the office rental market, while housing demand remains strong. The site is currently zoned Office but will be rezoned to a new Mixed Use district that will was subsequently rezoned to allow residential use with a density of 30-35 du/ac pursuant to Program H-jj. Commercial use is optional on Site 9. The site is located on a transit route and has several services close by. A bus stop is located at the site, and the Ferry Terminal is 0.6 miles away. The elementary school is approximately ¼ mile away, and a grocery store, public library, recreational facilities, and parks are within ½ mile walking distance. The expressed owner interest and underutilized nature of the parcel make this site suitable for redevelopment during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 40 units at various affordability levels. To encourage and facilitate affordable housing on the site, the Town will facilitate a meeting among the property owner and affordable housing developers, provide expedited permit review and approval and assistance in obtaining grants, reduce fees for affordable housing units, apply State density bonuses and incentives as applicable, and make available the use of former RDA set-aside funds and/or housing in-lieu funds. Program H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites details the clear and actionable steps, time frame, and responsibility for these actions. SITE A Site A is located at 1555 Tiburon Boulevard and is identified in Table 11 and Figure 46 above. Figure 47 shows the existing condition and a conceptual model for the site. The site is 0.86 acre and the existing use is a parking lot. The site currently is within the Affordable Housing Overlay zone which allows up to 20.7 units per acres. However, the site will be rezoned to a new Mixed Use zoning district that will allow a residential density of 30-35 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. A grocery store and the public library are located on the same block. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with stops near the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The underutilized nature of the parcel makes this site suitable for redevelopment during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 25 units at moderate and above moderate affordability levels. SITE B Site B is located at 1599 Tiburon Boulevard and is identified in Table 11 and Figure 46 above. Figure 47 shows the existing condition and a conceptual model for the site. The site is 1.66 acre and contains a 20,079 square foot commercial building; the existing use is a CVS pharmacy. The site currently is within the Affordable Housing Overlay zone which allows up to 20.7 units per acres. However, the site 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 85 will be rezoned to a new Mixed Use zoning district that will allow a residential density of 30-35 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. A grocery store and the public library are located on the same block. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with stops near the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The aging structure and underutilized nature of the parcel makes this site suitable for redevelopment during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 49 units at moderate and above moderate affordability levels. SITE C Site C is located at 1600 Tiburon Boulevard and is identified in Table 11 and Figure 46 above. The site is 0.39 acre and is currently vacant. The site currently is within the Affordable Housing Overlay zone which allows up to 20.7 units per acres. However, the site will be rezoned to a new Mixed Use zoning district that will allow a residential density of 30-35 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. A grocery store and the public library are located on the next block. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with stops near the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The underutilized nature of the parcel makes this site suitable for redevelopment during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 11 units at moderate and above moderate affordability levels. SITE D Site D is located at 1610 Tiburon Boulevard and is identified in Table 11 and Figure 46 above. The site is 0.13 acre and contains a 4,200 square foot office building constructed in 1960. The site is currently zoned Neighborhood Commercial. However, the site will be rezoned to a new Mixed Use zoning district that will allow a residential density of 30-35 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. A grocery store and the public library are located on the next block. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with stops near the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The aging structure and underutilized nature of the parcel makes this site suitable for redevelopment during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 3 units at moderate and above moderate affordability levels. SITE E Site E is located at 1660 Tiburon Boulevard and is identified in Table 11 and Figure 46 above. The site is 0.13 acre and contains a 7,260 square foot office building constructed in 1975. The site is currently 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 86 zoned Neighborhood Commercial. However, the site will be rezoned to a new Mixed Use zoning district that will allow a residential density of 30-35 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. A grocery store and the public library are located on the next block. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with stops near the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. Although office vacancy rates in Marin County have somewhat recovered from pandemic highs, the office vacancy rate in Marin County in the third quarter of 2022 was 18.4%, while the office vacancy rate in Southern Marin (where Tiburon is located) was 17.4%. A shift to remote work is expected to have long-term impacts on the office rental market, while housing demand remains strong. The aging structure and underutilized nature of the parcel makes this site suitable for redevelopment during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 12 units at moderate and above moderate affordability levels. SITE F Site F is located at 1680 Tiburon Boulevard and is identified in Table 11 and Figure 46 above. The site is 0.29 acre and contains a 3,892 square foot commercial building constructed in 1962. The site is currently zoned Neighborhood Commercial. However, the site will be rezoned to a new Mixed Use zoning district that will allow a residential density of 30-35 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. A grocery store and the public library are located on the next block. Parks and recreational facilities, an elementary school, and the Tiburon Ferry Terminal are within ½ mile walking distance, as well as other retail and commercial facilities. Marin Transit provides local bus service with stops near the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. Although office vacancy rates in Marin County have somewhat recovered from pandemic highs, the office vacancy rate in Marin County in the third quarter of 2022 was 18.4%, while the office vacancy rate in Southern Marin (where Tiburon is located) was 17.4%. A shift to remote work is expected to have long-term impacts on the office rental market, while housing demand remains strong. The aging structure and underutilized nature of the parcel makes this site suitable for redevelopment during the planning period. Based on a minimum density of 30 du/ac, the site is projected to yield a minimum of 8 units at moderate and above moderate affordability levels. SITE G Site G is located at 26 Main St./2 Juanita Lane and is identified in Table 11 and Figure 46 above. The site is 0.43 acre and contains several buildings comprising approximately 17,930 square feet. The current uses are retail shops, a movie theatre, and a restaurant. Five of the structures were built between 1900 and 1921 and are on the local inventory of historic resources. Nonetheless, redevelopment of the site is possible if the building facades are preserved. The Town met with the property owner in February 2022 who expressed interest in redeveloping the site with housing if the Town would allow residential use on the site at a sufficient density. The owner 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 87 also stated that ground-floor commercial use would be feasible on the site. The site is currently zoned Village Commercial. However, the site will be rezoned to a new Main Street zoning district that will allow mixed use with a residential density of 20-25 du/ac pursuant to Program H-jj. The site is located on a transit route and has several services close by. A grocery store, the public library, and other services are located within a ½ mile. The Tiburon Ferry Terminal is located on the same block. Marin Transit provides local bus service with stops near the site and connection to Golden Gate Transit’s commuter service between Santa Rosa to San Francisco. The property owner interest, aging structures, and underutilized nature of the parcel makes this site suitable for redevelopment during the planning period. Based on a minimum density of 20 du/ac, the site is projected to yield a minimum of 8 units at moderate and above moderate affordability levels. PROGRAMS AND POLICIES TO SUPPORT NONVACANT SITES As discussed above, there is only one vacant site available to accommodate lower-income housing. The Town therefore mostly relies on underutilized properties to accommodate its lower income RHNA. The nonvacant sites were selected based on the expressed interest of the property owners, analysis of zoning that supports high density affordable housing, market trends, age of the structures on site, and underutilized sites analysis. Housing Element programs and policies demonstrate the Town’s commitment to facilitating redevelopment and have established actions and timeframes that support and encourage the likelihood of residential development of nonvacant sites within the planning period. These added incentives include minimum target densities of 20 to 30 du/ac, flexible development standards, lot consolidation, permit streamlining for projects that include affordable units, funding and fee waivers for affordable units, and affordable housing partnerships and outreach as identified in Programs H-a, H-l, H-m, H-n, H-dd and H-ff. See Section 5.1 for a detailed list of policy and programs actions and timeframes. Based on the expressed interest of the property owners, the age of the existing structures, the recent proposed rezoning to significantly higher residential densities pursuant to Program H-jj, and the new programs and policies that incentivize lot consolidation and affordable housing, the use of nonvacant lots will support the development of residential housing units to meet the RHNA during the planning period. None of the sites require rezoning to accommodate the proposed units. Nonvacant sites are expected to accommodate more than 50% of the Town’s lower income housing need. Therefore, the Town will include findings, based on substantial evidence, in the resolution adopting the housing element. These findings will be based on the site characteristics described above for Sites 1-7 and 9. 3.5 ACCESSORY DWELLING UNITS Accessory Dwelling Units ((ADUs) are an increasingly popular housing type. ADUs are independent homes on a residential property that can either be part of or attached to the primary dwelling or free 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 88 standing. They offer infill development consistent with surrounding built form, a potential supplemental income source for homeowners, and in some cases affordable housing. An ADU, also known as an in-law unit or second unit, is an additional residential dwelling unit on a single-family or multi-family residentially zoned property. An ADU can be an attached or detached dwelling unit, providing independent living facilities for one or more persons that has a full, separate kitchen (including stove, refrigerator, and sink), separate bathroom, and separate entrance. A Junior Accessory Dwelling Unit (JADU) is an additional, independent living unit generally created through the conversion of an existing bedroom in a single-family residentially zoned residence and has a separate entrance. A JADU does not need to have all the same features as an ADU, such as a separate bathroom. Since 2017, the State legislature has passed a series of new laws that significantly increase the potential for development of new ADUs and JADUs by removing development barriers and allowing ADUs through ministerial permits. State law requires jurisdictions to allow residential properties to have at least one ADU per lot, plus one JADU. The Town most recently revised its ADU ordinance in 2022 to comply with new State laws. ADUs are permitted on all lots zoned to allow single-family or multifamily residential use. Development standards are consistent with State law and are summarized in Table 1112. Table 12: ADU Standards ADU STANDARDS Min/Max ADU size Attached ADUs: Maximum floor space is 850 square feet. For lots over 10,000 square feet, maximum floor space is 1,000 square feet. Detached ADUs: 850 square feet for one bedroom or less and 1,000 square feet for lots greater than 10,000 square feet or ADUs with more than one bedroom. JADUs: Maximum 500 square feet Lot size None Lot coverage An ADU may exceed standards for lot coverage, but the ADU is limited to a maximum size of 800 square feet. ADU building height Up to 16 feet for one story and up to 30 feet for two stories. The ADU may not be taller than the primary residence at the area of attachment. Setbacks None for conversions of existing living area or structure. 4-foot side and rear setbacks for new construction. Parking requirements One off-street parking space per ADU unless 1) within ½ mile walking distance of public transit, 2) located within a historic district, 3) located within one block of a car share vehicle, 4) located within an existing structure, or 4) when on-street parking permits are required but not offered to the occupant. Deed or income restrictions None 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 89 Number of ADUs One detached ADU and one JADU allowed on each single-family property. Also allowed on multifamily properties under state law. Owner occupancy Not required for ADU or primary residence. Required for JADU. Other requirements • Exterior Lighting: two shielded downward point lights at the entrance to the ADU are allowed. • Fire Sprinklers: needed if required for primary residence. • Objective architectural standards: Color and materials much match the primary unit. • Windows: no window facing the rear and side property lines are allowed when located less than 6 feet of the rear or side property line. • Rental restriction: an ADU and JADU shall not be rented for less than 30 consecutive days. Process ADUs and JADUs are approved ministerially by the Director of Community Development. The Town has collaborated with other Marin local government to provide resources and education materials to facilitate building, permitting, and renting second unitsADUs. They created a website at adumarin.org that provides case studies, floor plans, a calculator to estimate construction costs, information on planning, designing, and constructing and ADU, and resources on being a landlord, from setting a rent price to complying with fair housing laws. As a result of the new second unitADU development standards and permitting process, the Town has experienced a marked increase in ADU and JADU development. The Town approved 4 units in 2018, 5 units in 2019, 5 units in 2020, and 11 units in 2021. Of these 25 units, 22 have either been constructed or are under construction, for an average of 6 units per year. Based on this annual average, the trend is ADU approvals and construction, and the expanded outreach, education and promotion of ADUs described below, the Town expects to increase ADU development to an average of 9 units per year and develop 72 ADUs during the 8-year planning period as shown in the Sites Inventory in Table 1011. The Town is currently on track to approve at least 9 units in 2022. In general, ADUs are affordable for several reasons: • Many units are available for no or low-cost rent to family members or friends. • ADUs tend to be fewer square feet than units in apartment buildings after controlling for bedroom size, which results in lower prices. • Some owners intentionally rent their ADUs below market because they believe affordable housing is important. • Often, ADU owners will not significantly raise rents once they have a tenant they like. • ADU owners often do not know the value of their unit so they may underprice it unintentionally. Potential affordability levels for projected ADU development are based on the Affordability of Accessory Dwelling Units report prepared by the ABAG Housing Technical Assistance Team. The report recommends the following affordability assumptions for new ADUs: Very Low Income, 30%; Low Income 30%, Moderate Income, 30%; and Above Moderate Income, 10%. Therefore, the Town 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 90 projects ADU affordability for the 72 units as follows: 21 Very Low Income, 21 Low Income, 21 Moderate Income, and 9 Above Moderate Income. To encourage and facilitate ADUs and provide housing opportunities throughout established neighborhoods, Program H-hh Outreach and Education for Accessory Dwelling Unit Development directs the Town to take the following actions: 1. Provide information on Tiburon’s ADU standards for posting on the MarinADU website. 2. Provide ADU and JADU application checklists on the Town’s website. 3. Develop a handout on ADU standards and the application process and distribute at Town Hall. 4. Provide links to the California Department of Fair Employment and Housing’s Sources of Income Fact Sheet and FAQ in Town communications and printed handouts at the building counter. 5. Promote the MarinADU website in the Town’s newsletter and ADU handout, on social media, and on the Town’s website. In addition, Program H-ii Track and Evaluate Accessory Dwelling Unit Production says that the Town will continue to track ADU and JADU permits, construction, and affordability levels. The Town will review ADU and JADU development at the mid-point of the planning cycle to determine if production estimates are being achieved as identified in the housing site inventory. Depending on the findings of the review, the Town will revise the housing sites inventory to ensure adequate sites are available to accommodate the remaining lower income housing need. 3.6 SENATE BILL 9 UNITS Senate Bill (SB) 9 was signed by Governor Newsom on September 16, 2021, and became effective on January 1, 2022. The legislation allows single family lots greater than 2,400 square feet to be split under certain conditions and allows both vacant and developed single family lots to be developed with two single family homes. As shown in Table 10 11 and detailed in Appendix C, the Town is projecting development of four single family homes as allowed under SB 9 on each qualifying vacant single-family lot. 3.7 ZONING FOR A VARIETY OF HOUSING TYPES Housing Element Law requires that jurisdictions demonstrate the availability of sites, with appropriate zoning, that will encourage and facilitate a variety of housing types including multi-family rental housing, factory built housing, mobile homes, single room occupancy units, housing for agricultural employees, supportive housing, transitional housing, and emergency shelters. Table 12 13 summarizes the housing types currently permitted in each of Tiburon’s residential zoning districts. ACCESSORY DWELLING UNITS ADUs are allowed by right in all residential and mixed use zoning districts that allow single-family and multifamily development (see Section 3.5 above for a description of the Town’s accessory dwelling unit regulations). 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 91 MULTIFAMILY RENTAL HOUSING Multifamily rentals are allowed by right in the Multifamily Residential zoning districts (R-3 and R-4), the Residential Multiple Planned (RMP) zoning district, the Affordable Housing Overlay district (AHO), and the Mixed Use (MU) districts. The R-3 district allows up to 12.4 units per acre. The Neighborhood Commercial (NC) zone allows incidental residential uses, including multifamily rental housing. The AHO allows 12.9 to 20.7 units per acre when applied to certain parcels in the NC zone. FACTORY BUILT HOUSING AND MOBILE HOMES The California Government Code requires that the siting and permit process for manufactured housing must be regulated in the same manner as a conventional or stick-built structure. Specifically, Government Code Section 65852.3(a) requires that, with the exception of architectural requirements, a local government shall only subject manufactured homes (mobile homes and other factory built housing) to the same development standards to which a conventional single-family residential dwelling on the same lot would be subject, including, but not limited to, building setback standards, side and rear yard requirements, standards for enclosures, access, and vehicle parking, aesthetic requirements, and minimum square footage requirements. The Town applies the same development standards and design review process to manufactured housing and mobile homes as it uses for stick-built housing of the same type. SINGLE-ROOM OCCUPANCY UNITS The Town permits hotels and motels, including single room occupancy hotels, in the Mixed Use (MU), Neighborhood Commercial (NC) and Village Commercial (VC) zones with a conditional use permit. Cecilia Place was approved and constructed to be similar to an SRO, although the units are called “studios.” SROs are a permitted use in the affordable housing overlay zone. The zoning code allows higher densities for SROs. Studio dwelling units are counted at a 1.5:1 ratio provided that each unit does not exceed 600 square feet in floor area. TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING Transitional housing is a type of housing used to facilitate the movement of homeless individuals and families to permanent housing. A homeless person may live in a transitional apartment for a predetermined period of time while receiving supportive services that enable independent living. Every locality must identify zones that will allow the development of transitional housing. Supportive housing is permanent rental housing linked to a range of support services designed to enable residents to maintain stable housing and lead fuller lives. Typically, supportive housing is targeted to people who have risk factors such as homelessness, or health challenges such as mental illness or substance addiction. The Tiburon Zoning Ordinance treats transitional and supportive housing in the same manner as other residential uses. Transitional and supportive housing are permitted uses in all residential zones and are conditionally permitted uses in the MUL, MUH, NC, and VC zoning districts. State law requires 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 92 supportive housing to be a use by-right in commercial zones where multifamily and mixed use are permitted, subject to the requirements of Government Code 65651. The Zoning Code will be amended to comply with state law pursuant to Program H-mm. HOMELESS SHELTERS Government Code Section 65583(a)(4) requires jurisdictions to accommodate at least one year-round emergency shelter with the capacity to provide for the unmet needs of homeless individuals. Effective January 1, 2008, Senate Bill 2 amended State Housing Element law to require jurisdictions to allow emergency shelters without discretionary approvals such as use permits. Emergency shelters are permitted by right in the MU, NC, and VC zones subject to operational standards permitted by State law including parking requirements, on-site management and security requirements, proximity to other shelters, lighting, and length of stay. The maximum number of beds or clients permitted to be served in an emergency shelter is 10. As documented in Chapter 2 Housing Needs Analysis of this Housing Element, there are no documented homeless people in Tiburon. However, the Town recognizes that homelessness is a countywide issue and works with other Marin jurisdictions to develop resources, facilities, and programs to address the needs of the homeless. There are 29.2 acres and 24 parcels within the MU, NC and VC zoning districts, which is adequate to provide capacity for at least one homeless shelter in Tiburon. The Town analyzed the 10-limit bed requirement as a potential constraint to development. The Town contacted Homeward Bound of Marin, the largest provider of emergency shelters in Marin County. According to Homeward Bound, there is no ideal size for an emergency shelter, as each shelter has different funding sources and operating revenue streams. For example, Homeward Bound has a 6- bed medical respite shelter in Novato and a 10-bed mental health shelter in San Rafael. They also have a 25-bed family shelter in San Rafael, a 38-bed adult shelter in San Rafael, and an 80-bed adult shelter in Novato. As a result, the Town concludes that the 10-bed limit is not a constraint on development. Government Code 65583(a)(4)(A)(ii) sates that the local jurisdiction may apply written, objective standards to provide “[s]ufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.” Tiburon Municipal Code (TMC) Section 18.16.320 Emergency Shelters does not specify parking requirements. Division 16-32 Parking and Loading Standards lists standards for residential and commercial uses but does not specifically address emergency shelters. Program H-nn has been added to the housing element to establish parking requirements for emergency shelters in compliance with the state code. HOUSING FOR EMPLOYEES AND AGRICULTURAL WORKERS The housing needs analysis in this Housing Element indicates that there are no farmworkers or agricultural employment in Tiburon. Accordingly, the Town has not identified a need for specialized farmworker housing beyond overall programs for housing affordability. The Town complies with the Employee Housing Act. Pursuant to Health and Safety Code Section 17021.5, the Town deems any employee housing providing accommodations for six or fewer employees as a single family structure. No conditional use permit, zoning variance, or other zoning 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 93 clearance is required of employee housing serving six or fewer employees that is not required of a single-family dwelling in the same zone. 3.8 OPPORTUNITIES FOR ENERGY CONSERVATION Housing Elements are required to identify opportunities for energy conservation in residential development. The Housing Element must inventory and analyze the opportunities to encourage the incorporation of energy saving features, energy saving materials, and energy efficient systems and design for residential development. Planning to maximize energy efficiency and the incorporation of energy conservation and green building features can contribute to reduced housing costs for homeowners and renters, in addition to promoting sustainable community design and reduced dependence on vehicles. Such planning and development standards can also significantly contribute to reducing greenhouse gases. New development projects, including additions and alterations, are required to comply with the California Building Standards Code, which includes requirements to ensure energy-efficient and green building design and construction. The Building Code is updated every three years. The 2022 Code encourages efficient electric heat pumps, establishes electric-ready requirements for new homes, expands solar photovoltaic and battery storage standards, and strengthens ventilation standards. The Town adopted an updated Climate Action Plan (CAP) in 2022 which sets forth actions to reduce community-wide emissions 50% below 1990 levels and achieve carbon neutrality by 2045. These goals are consistent with the State’s goals to reduce statewide emissions 40% below 1990 levels by 2030 (as codified in Senate Bill 32) and achieve carbon neutrality by 2045 (as expressed in Executive Order B-55-18). The CAP contains several actions to improve energy efficiency, accelerate the use of renewable energy, and electrify homes, often by going beyond State Building Code requirements. CAP action EE-C4 commits the Town to adopting a green building ordinance for new and remodeled residential projects that requires green building methods, materials, and efficiency above the State Building and Energy codes. CAP action RE-C3 states that the Town will prohibit the use of natural gas end uses in new residential buildings beginning with the 2022 Building Code cycle. The CAP also contains actions to promote and expand participation in available energy efficiency rebates and programs. As detailed in Action EE-C1, the Town will: 1. Work with organizations and agencies such as the Marin Energy Watch Partnership, the Bay Area Regional Network (BayREN), MCE, Resilient Neighborhoods, and the Marin Climate & Energy Partnership to promote and implement energy efficiency programs and actions. 1. Continue and expand participation in energy efficiency programs as they become available. 2. Promote utility, state, and federal rebate and incentive programs. 3. Participate and promote financing and loan programs for residential and non-residential projects such as Property Assessed Clean Energy (PACE) programs, BayREN financing programs, PG&E on-bill repayment, and California Hub for Energy Efficiency Financing (CHEEF) programs. 3.0 SITES INVENTORY AND ANALYSIS Draft Town of Tiburon Housing Element | 94 Finally, the CAP contains actions to conduct outreach and education to community members, including low-income households, on ways to improve the energy efficiency of homes, electrify appliances and heating systems, and reduce household emissions. As detailed in the evaluation of the current housing element in Appendix B, Town residents have benefited from several energy efficiency programs during the 2015-2023 planning period, including California Energy Youth Services, Electrify Marin, BayRen, PACE loans, and Resilient Neighborhoods. The Town commits to working to improve energy efficiency homes, especially those occupied by lower income households, through Housing Element Programs H-v Rehabilitation Loan Programs, H-cc Provide Information on Energy Efficiency and Renewable Energy Programs, and H-bb Link Code Enforcement with Public Information Programs on Town Standards and Rehabilitation and Energy Loan Programs. 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 95 4.0 HOUSING CONSTRAINTS 4.1 OVERVIEW The Housing Element must identify and analyze potential and actual governmental constraints to the maintenance, improvement, and development of housing for all income levels, including housing for persons with disabilities. The analysis must identify the specific standards and processes and evaluate their impact, including cumulatively, on the supply and affordability of housing. The analysis must determine whether local regulatory standards pose an actual constraint and must also demonstrate local efforts to remove constraints that hinder a jurisdiction from meeting its housing needs. The Housing Element must analyze non-governmental constraints as well. 4.2 LAND USE DESIGNATIONS AND ZONING STANDARDS Tiburon’s regulatory standards assure procedural consistency, promote a cohesive built environment, and protect the long-term health, safety, and welfare of the community. However, regulations can conflict with policies and constrain the development of affordable housing. The following analysis assesses the Town’s land use regulations, procedures, and fees to identify possible conflicts. GENERAL PLAN LAND USE ELEMENT The General Plan Land Use Element provides twelve residential and mixed use land use designations, which are summarized in Table 12 13 below. Table 14 identifies three new land use designations (Mixed Use, Main Street, and Very High-25) that will be adopted when the Housing Element and General Plan 2040 are adopted and new residential densities for the Village Commercial and Neighborhood Commercial land use designations. Table 13 General Plan Land Use Designations that Allow Residential Development Designation Residential Development Density Low Density (L) Up to 0.5 units per acre Planned Development – Residential (PD-R) Up to 1.0 units per acre Medium Low Density (ML) Up to 1.1 units per acre Medium Density (M) Up to 3.0 units per acre Medium High Density (MH) Up to 4.4 units per acre High Density (H) Up to 11.6 units per acre Very High Density (VH) Up to 12.4 units per acre Very High Density-25 (VH-25) Very High Density/Affordable Housing Overlay (VH-AHO) Up to 25 units per acre Up to 18.4 units per acre and 24.8 with density bonus Mixed Use Up to 35 units per acre Main Street (MS) Up to 25 units per acre 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 96 Table 14: Proposed Land Use Designations and Residential Densities Most land designated for residential development in Tiburon has been built upon. Most of the remaining vacant residential parcels are constrained by steep slopes that increase development costs and limit development potential. In response to the continuing need to develop housing, the Town adopted three mixed-use designations in General Plan 2040 intended to encourage residential development in commercial areas.31 Mixed-use land use designations are shown in Table 12. These designations will be implemented with new zoning districts that will be adopted prior to adoption of the 2023-2031 Housing element. In addition to the mixed-use land use designations, the Town has adopted policies in the Land Use Element of the General Plan to further encourage in-fill and mixed-use development in the commercial areas of the community, especially in the Downtown, that provide access to transit routes and the Tiburon Ferry Terminal. The Town does not have growth controls. The General Plan provides a comprehensive program, including mixed-use land use designations, to promote housing development at all income ranges. The General Plan is not a constraint to housing development. 31 As previously noted, this draft Housing Element presumes adoption of General Plan designations (VH-25, MU, and MS) and rezonings of the housing opportunity sites identified in Table 10. This construction is meant only to simplify the editing process associated with the final document, not to presume an outcome before it happens. The document and analysis contained herein will be revised, as necessary, to reflect the adopted rezonings. It is the Town’s intent to adopt permitted uses and objective development and design standards that support and facilitate development of the housing opportunity sites at the realistic capacities described in Section 3.4. All rezonings of housing opportunity sites will occur before the Housing Element is adopted. Neighborhood Commercial/Affordable Housing Overlay (NC-AHO) Up to 10 15.3 units per acre and up to 20.7 units per acre with the Affordable Housing Overlay.density bon Village Commercial (VC) Up to 10 units per acre Designation Residential Development Density Very High Density-25 (VH-25) Up to 25 units per acre Mixed Use Up to 35 units per acre Main Street (MS) Up to 25 units per acre Neighborhood Commercial (NC) Up to 10 units per acre and up to 20.7 units per acre with the Affordable Housing Overlay Village Commercial (VC) Up to 15 units per acre 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 97 DEVELOPMENT STANDARDS Residential Zoning Districts The Town of Tiburon zoning ordinance includes seven residential districts with typical suburban development standards and densities. Development standards for the residential districts are summarized in Table 13 15 and described below. A new R-4 multifamily district will permit up to 25 units per acre to encourage affordable housing. The district will be applied to Site 8 and development standards will allow 2 and 3 story buildings. 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 98 Table 15 Development Standards in Residential Zoning Districts Zoning district R-1 R-1-B-A R-1-B-2 R0-1 RO-2 R-2 R-3 Building height 30’ 30’ 30’ 30’ 30’ 30’ 30’ Setbacks Front 15’ 20’ 25’ 30’ 30’ 8’ 8’ Side 8’ 6’ 10’ 20’ 15’ 8’ 8’ Rear 20% to 25’ 20% to 25’ 20% to 25’ 20% to 25’ 20% to 25’ 20% to 25’ 8’ Minimum Lot Area 10,000 sf 10,000 sf 10,000 sf 40,000 sf 20,000 sf 7,500 sf 10,000 sf (3,500 sf/unit) Lot coverage (maximum %) One-story development: Same as maximum FAR; Two-story or multi-story development: 30% 15% 15% 35% 30% Floor Area Ratio See below See below See below See below See below See below 0.6 Parking spaces 2 2 2 2 2 1.5 per unit See below 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 99 Floor Area Ratio (FAR): Floor area ratio guidelines in residential districts are as follows: • 35% of the property area for lots less than 7,500 square feet in area, plus an additional 450 sq. ft. of garage or carport; • For properties between 7,500 and 60,000 square feet, the FAR guideline is 10 percent of the property plus 2,000 square feet, plus an additional 600 square feet of garage or carport; • For lots greater than 60,000 square feet, the FAR guideline is 8,000 square feet plus 750 square feet of garage or carport. Parking: One-and-a half (1½) parking spaces are required for each dwelling unit in a residential development, with a minimum of two required. In the R-3 zone, studio and one-bedroom apartments are required to have one parking space. Apartments with two or more bedrooms and condominiums are required to have two parking spaces. Open Space: In the R-2 zone, a minimum of 375 square feet of outdoor usable open space with a minimum dimension of 12 feet is required per unit. In the R-3 zone, the following schedule of outdoor usable open space is required: • 150 square feet per efficiency or studio apartment • 200 square feet per 1 bedroom apartment • 250 square feet per 2 bedroom apartment • 300 square feet per 3 or more bedroom apartment Senate Bill 9. Senate Bill (SB) 9 allows single family lots greater than 2,400 square feet to be split under certain conditions and allows both vacant and developed single family lots to be developed with two single family homes. Both newly created parcels must be no smaller than 1,200 square feet, and no parcel may be smaller than 40 percent of the lot area of the original parcel. Consistent with State law, the Town imposes only objective, zoning, subdivision, and design standards that do not conflict with the statute. The Town has adopted specific application procedures and clear and objective development standards for SB 9 lot splits and units as allowed by State law. New SB 9 units are limited to 16 feet in height and 800 square feet. Mixed Use and Commercial Non-Residential Zoning Districts that Allow Housing The Town has two mixed-use zones and two commercial zones that allow housing, as well as an affordable housing overlay district that may be applied to the Neighborhood Commercial (NC) zone. The Mixed Use zone permits up to 35 units per acre. As discussed previously, minimum residential densities are required on Sites 1-10 as identified in Table 10. The MU zones allow 100% residential use except at corner sites (e.g., Sites 3, 5, B and C) where there a small amount of commercial space is required. The development standards for the mixed use and commercial these districts are summarized in Table 1416. 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 100 Table 16: Development Standards in Mixed Use and Affordable Housing Overlay Non-Residential Zoning Districts that Allow Housing Zoning district MU MS VC NC NC/AHO Building height 3 stories 3 stories 30’ 30’ 3 stories or 38’ Lot frontage TBD TBD None None None FAR for commercial are TBD TBD .28 .37 .37 Front TBD TBD None None None Side TBD TBD None None None Rear TBD TBD None None None Minimum Lot Area TBD TBD 10,000 sf 10,000 sf 10,000 sf Lot Area per unit (sf) TBD TBD Expressed as max. density/acre Lot coverage (maximum %) TBD TBD None None None Minimum Open space (sf) TBD TBD None None None Parking spaces per unit Apartments: 1 space/studio & 1 bdrm 2 spaces/ 2+ bdrms Condos: 2 spaces Apartments: 1 space/studio & 1 bdrm 2 spaces/ 2+ bdrms Condos: 2 spaces Apartments: 1 space/studio & 1 bdrm 2 spaces/ 2+ bdrms Condos: 2 spaces Note: Development standards for the MU and MS districts are currently being formulated and will be provided in a future draft Housing Element. It is the Town’s intention to create objective development and design standards that will facilitate development of housing opportunity sites at maximum permitted densities. 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 101 New Zoning Districts The Town will adopt new Mixed Use (MU) and Main Street (MS) zoning districts to implement the Housing Element when the Housing Element is adopted. The Town is developing objective development and design standards for Downtown districts, including the MU, MS, and Village Commercial (VC) as shown in Table 17. These standards were developed after the housing element opportunity sites were selected and were designed to achieve the maximum permitted densities identified in the Sites Inventory (Table 11) Table 17: Proposed Zoning Standards for Mixed Use and Main Street Zoning Districts Standard MS MU VC Lot size, minimum (square feet) 10,000 Residential density, maximum (dwelling units per acre) 25 35 15 Residential density, minimum (dwelling units per acre) 20 30 10 Total Floor Area Ratio (FAR), maximum 1.50 1.75 0.28 Block width, maximum 200 feet Building Setbacks Front Setback from Street Property Line Minimum 0 feet 10 feet 10 feet Maximum 2 feet 15 feet 20 feet Side Setback, Minimum 0 feet 5 feet 5 feet Rear Setback, Minimum 0 feet, except: 20 feet adjacent to R-zoned parcels, 10 feet adjacent to Juanita Lane ROW Building Height Standards Maximum Building Height 3 stories, up to 45 feet 2 stories, 30 feet Maximum Height within 60 feet of R-zoned property 2 stories, up to 35 feet 1 story, 20 feet Maximum Height with Commercial Frontage Height Bonus n/a 4 stories, up t 55 feet n/a Minimum Building Height 25 feet Building Stepback Standards Height above which requires Stepbacks above 2 stories or 30 feet, whichever is less Minimum Depth of Required Stepback 10 feet 20 feet 20 feet Affordable Housing Overlay The Affordable Housing Overlay (AHO) may be applied to the NC district. The AHO provides more flexible parking standards, higher densities for smaller units, and increased financial feasibility. To qualify for the numerous benefits of the overlay zone, a residential development project must include a minimum of 5 percent very low income, 10 percent low income, and 10 percent moderate income 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 102 (defined in the Zoning Code as below 90% of median income) housing units. On sites that will yield 10 or fewer total units at the minimum allowable density, the affordable component is reduced to 20 percent of total units, of which at least 50 percent must be affordable to lower income households. A percentage of the housing units must also be designed for special needs populations as per section 16-70.030 of the municipal code. Multifamily uses are permitted by right, and the maximum residential density is 20.7 units per acre, additive to a 0.31 FAR for commercial uses in the NC zone. Higher densities are permitted when units are significantly smaller and have few impacts than the market norm. Studio dwelling units are counted at a 1.5:1 ratio provided that each unit does not exceed 600 square feet in floor area; one bedroom units are counted at a 1.25:1 ratio provided that each unit does not exceed 800 square feet in floor area. The building height limit is 3 stories or 38 feet, whichever is less. Setbacks and lot coverage standards are intentionally flexible and left to be determined through site plan and architectural review process. A number of development incentives are available for projects developed in the AHO zone, including higher densities, relaxation and/or flexibility in development standards, reduced parking standards, reduced interior amenity levels, priority processing, fee reductions and waivers, and utility hookup subsidies. As discussed above, the Town will adopt new Mixed Use, Main Street, and R-4 zoning districts with the adoption of the Housing Element. These new zoning districts allow a greater housing density than currently permitted under the AHO and will supersede the former designations. The only remaining area covered under the AHO will be a 1.1-acre portion of the Cove Shopping Center site, which is unlikely to be developed during the current housing element period and was not included in the Sites Inventory (Table 11). Parking Standards Tiburon requires off street parking for all new residential development. For mixed use projects the parking requirement must be satisfied for all uses unless a parking variance is granted. Generally, if a mixed use project cannot provide off-street parking, the Town supports shared parking arrangements. Variances are also granted to reduce the overall parking requirement or to allow tandem parking. In 2012, the Town implemented reduced and flexible parking standards in the affordable housing overlay zone. Depending on project characteristics and availability of on street parking, flexible parking standards may include shared parking, joint use parking, off-site parking, allowances for reduced standards depending on location (such as near transit), and modified parking stall dimensions and tandem parking. The updated standards recognize that smaller, more affordable housing near transit and services will generate fewer trips and area-wide impacts and will require less parking. Conclusions The development standards in the residential, mixed use, and commercial districts do not constrain the development of housing. Standards in the MUL, MUH,MU, MS and R-4 districts were developed after the housing sites shown in Table 10 11 were selected and were designed to ensure that the identified realistic unit capacities could be achieved. OBJECTIVE DESIGN STANDARDS Housing legislation defines an "objective" standard as one that involves no personal or subjective judgment by a public official and uniformly verifiable by reference to an external and uniform 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 103 benchmark or criterion available and knowable by both the development applicant and the public official prior to submittal. The Town has is in the process of developing adopted objective design and development standards for qualifying new multi-family housing developments, which are expected to be approved with adoption of the Housing Element and General Plan Update. Objective These objective design standards are will be applied to SB 35 projects which create two or more new housing units in a multifamily project or mixed use project where at least two-thirds of the square footage is for residential use; include at least 10% of the units affordable to lower-income households; and pay prevailing construction wages. Pursuant to California state law, emergency shelters are also subject to objective design review standards. As discussed above, the Town also applies objective design standards to ADUs and SB 9 units. AFFORDABLE INCLUSIONARY HOUSING ORDINANCE Inclusionary zoning, also known as inclusionary housing, refers to a range of policies and practices that mandate or provide incentives for the inclusion of affordable housing units in new developments. Inclusionary zoning is a tool that cities and counties can adopt to increase the supply and funding for affordable housing. Inclusionary zoning policies establish a variety of requirements for the development of new housing, such as the number of affordable units required to be constructed in an otherwise market-rate residential development project, the minimum project size where inclusionary housing requirements would apply, affordability targets, and alternative means of achieving affordable housing goals when constructing new residential development projects. The Town’s inclusionary housing regulations require residential projects of two or more new lots or dwelling units to pay an in-lieu housing fee or develop a minimum of number of inclusionary units affordable to very-low, low, or moderate income households. Developments of 3 to 6 units pay an in- lieu fee based on 15 percent of the units being affordable. Developments of 7 to 12 units must include a minimum of 15 percent inclusionary units affordable to very-low, low, and moderate income households, and development of more than 12 units must provide 20 percent inclusionary units. Five percent of the total units must be affordable to very-low or low income households. The in-lieu fee is $405,000 for each affordable unit that is required but not built. Inclusionary units must be comparable in size square footage, and interior amenity level and exterior designmust be indistinguishable in appearance to market rate units. This can add to the cost of affordable units. However, the Town may provide an exception to this requirement as an incentive or concession under density bonus law. The inclusionary requirements were adopted in 1998 and updated in 2006 and 2012. Developers typically choose to pay in-lieu fees, which the Town has used to help construct affordable units. In general, the inclusionary ordinance has not constrained the development of housing in Tiburon. The inclusionary program has been in effect for 25 years and is well known by members of the real estate and development community. As a result, the cost of producing the inclusionary units, or paying the in-lieu fees, is factored into the cost of land. The Town of Tiburon’s inclusionary requirements are similar to those of other jurisdictions in Marin County and do not pose a constraint to residential development. Many communities offer a variety of concessions or incentives for construction of affordable units, including but not limited to, density bonuses or incentives of equal financial value, waiver or modification of development standards, 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 104 provision of direct financial assistance, and deferral or reduction of payment of fees. Projects that meet the inclusionary ordinance are entitled to a density bonus in accordance with State law. Program H-ee states the Town will monitor the Inclusionary Housing Ordinance throughout the planning period and consider adjusting the number and/or percentage of required affordable units as necessary in order to achieve the Town’s affordable housing goals without unduly impacting overall housing production and supply. 4.3 FEES AND EXACTIONS Development fees charged by the Town of Tiburon fall into three categories: 1. Processing fees for direct Town services. 2. Development impact fees charged to finance the cost of capital improvements or mitigate project impacts. 3. Fees collected by the Town for other governmental agencies. Pursuant to Government Code 65940.1(a)(1), the Town posts all development fees, zoning ordinances, and development standards on its website. Processing Fees Processing fees are collected when a development application is filed. The Town sets the rate for application fees based on the cost to process the application, including the initial receipt of the application materials, analysis and approval of the application, and post-approval administration such as filing and inspections. Where application fees are charged on a time and materials basis, t the applicant pays a deposit, and the Town draws down on the deposit based on the number hours worked based on an hourly rate that covers the salary of the employee performing the service and a fixed percentage for overhead. Applications for services that require minimal review times are charged flat rates. These rates are based on time studies that have determined the average processing time for a particular service. Table 15 18 lists the planning fees for residential development. It is Town policy to consider waiver of processing fees for affordable housing projects and inclusionary units. Building permit fees are based on the total valuation of the project which includes architectural and engineering fees, site preparation, demolition, and construction costs. The Building Department provides a schedule to establish project valuation when the applicant does not provide the total valuation. Additional fees are charged for plan storage and plan check and include a technology recovery fee and a general plan maintenance fee surcharge. Table 18: Processing Fees Application Fee Single-family Multifamily Planning and Zoning General Plan Amendment Time & materials Time & materials Rezoning Time & materials Time & materials 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 105 Environmental Review Time & materials Time & materials Design Review Application Minor Alteration (staff level review) for projects le than 500 sf $255 $255 Design review of projects less than 500 sf that require review by the Design Review Board $485 $485 Projects between 500 and 1,000 sf $945 $945 Projects more than 1,000 sf $1,325 $1,325 New residential building $2,825 $2,825 Conditional Use Permit Minor use permit $1,540 initial deposit $1,540 initial deposit Major use permit $6,520 initial deposit $6,520 initial deposit Variance $450 $450 ADU Permit $595 $595 JADU Permit $250 $250 Subdivision Lot Line Adjustment – 4 or fewer parcels $960 initial deposit $960 initial deposit Prezoning – multiple parcels $3,260 $3,260 Precise Development Plan $6,520 + $260 each unit $6,520 + $260 each unit Impact Fees The Town of Tiburon collects four impact fees, listed in Table 16 19 below, to mitigate the effects of residential development projects on the local environment. The impact fee rates were set based on nexus studies as required by the Mitigation Fee Act (Government Code section 66000–66025). New subdivisions are required to dedicate land for parks or pay an in-lieu fee pursuant to the Quimby Act. The Town charges a Street Impact Fee equal to 1% of the project valuation. The street impact fee nexus study was originally completed in April 1999 and updated in October 2004. The purpose of the fee is to maintain the Town’s public street system by partially offsetting the cost of road maintenance and repair cause by construction activity. Street Impact Fees are based on the valuation of the construction projects that generates construction traffic that will damage and degrade the public street network. The nexus study determined that there was a reasonable relationship between the fee and the purpose for which it is charged. Overlay, repair, and reconstruction of the Town’s public street network is an ongoing process which requires an ongoing funding source. The Town combines Street Impact Fee revenues with state gas tax monies, general fund revenues, and other sources in an effort to maintain the Town’s public street network. 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 106 The Town also charge a Stormwater Impact Fee based on $1 per square foot of new impervious project created by the project. The nexus study for the Stormwater Impact Fee was completed in March 2004. The fee has not changed since that time. The Town’s Traffic Mitigation Fee is an exaction applied to new development that generates new additional traffic in Tiburon. The fee applies to residential and commercial projects and requires that the project pay its pro rata share per each new PM peak trip contributing to each intersection where improvements are needed per the General Plan. The Town’s traffic engineering consultant completed a comprehensive update of the traffic model and fee structure in 2006. The Town’s inclusionary zoning regulations apply to residential development creating two or more new dwelling units, with exceptions for 1) construction of a two-family dwelling on an existing lot in the R-2 zone and 2) the subdivision of a lot or parcel into two lots, wherein no more than a combined total of two dwelling units total could be constructed under applicable zoning regulations on the resulting lots. Developments of two to six lots or dwelling units must pay an in-lieu fee based on a requirement of fifteen percent of the units being affordable. In-lieu housing fees are calculated based on the difference between the affordable purchase price of a dwelling unit for which a moderate income four-person family earning eighty percent of median income can qualify, and the estimated cost of constructing a market rate unit of appropriate size. Variables used in the calculation are updated at the time of application in consultation with the Marin Housing Authority. These variables include dwelling size, construction costs, land and site development costs, current income limits, and mortgage terms and interest rate. Table 19: Impact Fees Fee Amount Street Impact Fee 1% of project valuation Stormwater Impact Fee $1 per sf of new impervious surface Traffic Mitigation Fee Applies to residential and commercial projects that generate new additional traffic in Tiburon and requires that the project pay its pro rata share per each new PM peak trip contributing to each intersection where improvements are needed per the General Plan. Special District Fees As the Town of Tiburon is not a full-service municipality, several agencies and special districts levy fees on new development for the provision of basic urban services. Sanitation district fees depend upon where the project is located in Tiburon. These agencies and special districts include the following: • Reed Union School District • Marin Municipal Water District • Sanitary District Number 5 of Marin County • Richardson Bay Sanitary District • Sanitary District Number 2 of Marin County • Central Marin Sanitation Agency 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 107 • Tiburon Fire Protection District • Southern Marin Fire Protection District Recognizing that water connection fees may serve as a constraint to affordable housing development, the Marin Municipal Water District (MMWD) offers a 50% fee reduction for qualified affordable rental and ownership housing projects that are affordable to low and moderate income Up to 100% of AMI) households for at least 30 years and qualified rental units in for-profit development that are legally restricted to be affordable to lower income household for at least 10 years. Pursuant to state law, MMWD does not require a new or separate water connection or charge a connection fee or capacity charge for qualified ADUs and JADUs. Table 17 20 lists the fees that would be collected for a representative single-family infill home and 25- unit multifamily project. The single-family house is assumed to be 3,255 square feet with a construction valuation of $386 per square foot, for a total $1,256,430. The multifamily project is assumed to be 25 units averaging 1,000 square feet of gross floor area per unit, with a construction valuation of $584 per square foot, or $584,000 per unit. As shown in Table 2420, total fees and exactions for a single family house represent about 4.62.8% to 5.84.1% of the total development cost, while fees and exactions represent approximately 42.2% of the multifamily development cost. Planning and building fees charged by the Town represent 1.8%- 1.9% of the single family house development cost and 1.7% of the multifamily development cost. The Town does not have the authority to waive or reduce fees collected on behalf of special districts. Table 20: Residential Development Fees FEE TYPE / DESCRIPTION Single Family Residence 25-Unit Condo Project LOW AMOUNT HIGH AMOUNT LOW AMOUNT HIGH AMOUNT PLAN CHECK $4,172 $4,172 $49,428 $49,428 BUILDING PERMIT $ 6,418 $ 6,418 $ 76,043 $ 76,043 BUSINESS LICENSE $ 1508 $ 1508 $ 28,032 $ 28,032 PLAN STORAGE $ 250 $ 250 $ 250 $ 250 CA SEISMIC TAX $ 163 $ 163 $ 3037 $ 3037 PLUMBING $ 641 $ 641 $ 7,604 $ 7,604 ELECTRICAL $ 1284 $ 1284 $ 15,209 $ 15,209 MECHANICAL $ 577 $ 577 $ 6,844 $ 6,844 GRADING $ 75 $ 75 $ 125 $ 125 ENCROACHMENT $ 290 $ 290 $ 290 $ 290 STREET IMPACT $ 12,564 $ 12,564 $ 233,600 $ 233,600 TRAFFIC MITIGATION $ 6,000 $ 6,000 $ 6,000 $ 6,000 D/R COMPLIANCE $ 150 $ 150 $ 300 $ 300 GENERAL PLAN MAINTENANCE $ 892 $ 892 $ 10,570 $ 10,570 S.WATER RUN OFF IMPV. FEE $ 4,875 $ 4,875 $ 60,000 $ 60,000 TECHNOLOGY FEE $ 2,311 $ 2,311 $ 7,500 $ 7,500 CA DISABILITY ACCESS AND EDU $ 4 $ 4 $ 4 $ 4 CA BLDG. STD. AD. FUND $ 51 $ 51 $ 935 $ 935 SUB TOTAL $ 42,224 $ 42,225 $ 505,771 $ 505,771 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 108 DESIGN REVIEW $ 2,825 $ 2,825 $ 2,825 $ 2,825 GRADING, FILLING, OR EARTHWORK REQUIRING DESIGN REVIEW APPROVAL $ 805 $ 805 $ 805 $ 805 ENVIRONMENTAL REVIEW $ 50 $ 1,600 $ 50 $ 1,600 TOWN OF TIBURON SUB TOTAL $ 45,90444,397 $ 47,45544,397 $ 509,451481,419 $ 511,001482,969 SCHOOL DISTRICT FEE $ 7,747 $ 7,747 $ 21,600 $ 21,600 WATER INSTALLATION FEES $ 4,420 $ 5,290 $ 44,200 $ 44,200 WATER CONNECTION FEES (BUY INTO SYSTEM) $ 7,022 $ 24,578 $ 58,520 $ 58,520 SEWER HOOKUP SANITARY DISTRICT NO 5 $ 5,000 $ 17,000 $ 35,000 $ 41,000 FIRE PROTECTION DISTRICT REVIEW FEE $ 151 $ 151 $ 151 $ 604 SPECIAL DISTRICT SUB TOTAL $ 24,340 $ 54,766 $ 159,471 $ 165,924 GRAND TOTAL $ 112,46968,737 $ 144,446100,713 $ 1,174,692640,890 $ 1,182,696648,893 ASSUMED DEVELOPMENT IN SQ FT 3,255 3,255 40,000 40,000 ASSUMED CONSTRUCTION COST PER SQ FT $ 386 $ 386 $ 584 $ 584 ASSUMED IMPERVIOUS AREA 3,250 X 1.5 = 4,875 440,000 X 1.5 = 60,000 ESTIMATED CONSTRUCTION COST $ 1,256,430 $ 1,256,430 $ 23,360,000 $ 23,360,000 ASSUMED LAND VALUE 0.5 ACRE FOR SFR, 0.75 FOR MF PROJECT $ 1,100,000 $ 1,100,000 $ 5,000,000 $ 5,000,000 TOTAL DEVELOPMENT COST $ 2,468,8992,430,0 42 $ 2,500,8762,457,1 43 $ 29,534,69229,000,8 30 $ 29,542,69629,008,8 93 PROPORTION OF TOWN FEES/ EXACTIONS VERSUS TOTAL DEVELOPMENT COST 1.98% 1.9% 1.7% 1.7% PROPORTION OF TOTAL FEES/ EXACTIONS VERSUS TOTAL DEVELOPMENT COST 4.62.8% 5.84.1% 4.02.2% 4.02.2% Source: Town of Tiburon, 2022 While tThese costs are typical for the market area, and do not pose a constraint on the development of market rate housing in Tiburon. However, development fees and exactions can pose a constraint to the development of affordable housing. In an effort to remove this constraint, the Town waives and/or reduces fees, including the Street Impact Fee, for affordable housing developments and inclusionary units. Program H-cc directs the Town to continue to waive or reduce fees for affordable housing developments and inclusionary units. 4.4 PROCESSING AND PERMIT PROCEDURES The Tiburon Zoning Ordinance closely tracks the General Plan, but in addition provides detailed development standards and processing procedures. Below is a description and analysis of the current 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 109 residential development review process in the Town of Tiburon. The analysis addresses properties that allow housing development, both in residential zones and in commercial zones. OBJECTIVE DESIGN STANDARDS AND STREAMLINED REVIEW As discussed in Section 4.2, the Town has adoptedis developing objective design and development standards for qualifying new multifamily housing developments. Objective design and development standards applied when a proposed development project requests permit streamlining in compliance with State law (i.e., Senate Bill 35) and for reviewing applications under the Housing Accountability Act. The intent of Senate Bill 35 and the Housing Accountability Act is to facilitate and expedite the construction of housing through the application of objective standards and, with Senate Bill 35, ministerial and streamlined approval procedures. Consistent with State law (i.e., Senate Bill 330), the Town allows a housing developer to submit a “preliminary application” for a development project that includes residential units; a mix of commercial and residential uses with two-thirds of the project’s square footage used for residential purposes; or transitional or supportive housing. The pre-application allows a developer to provide a specific subset of information on the proposed housing development ahead of providing the full amount of information required by the Town. Upon submittal of an application and a payment of the permit processing fee, a housing developer is allowed to “freeze” the applicable fees and development standards that apply to their project while they assemble the rest of the material necessary for a full application submittal. After submitting the preliminary application to the Town, an applicant has 180 days to submit a full application, or the preliminary application will expire. Also in compliance with SB 330, the Town limits the number of public hearings for applicable housing development projects to five, including Planning Commission, Town Council, and appeal hearings. Eligible projects are required to comply with objective zoning standards and General Plan requirements as well as CEQA. CEQA hearings or hearings related to zoning variances or code exemptions are not including in the public hearing limit. REVIEW PROCESS AND TIMELINE Tiburon processes the typical small development in three to four months from application to building permit approval. This is due to the efficiency of a small town government, the lack of an application backlog, and the fact that most public facilities are already in place. Single-family housing development applications generally take less time to review than multi-family proposals. When proposed single family developments are in conformity with the General Plan and existing zoning, it is possible to process the required applications within several months. Some new single-family and multifamily development proposals are subject to Design Review. Major projects may also require an EIR. The total review time for multifamily projects, from the initial developer contact with the Town to final approval, can take up to a year. In most of Tiburon’s residential and mixed-use zones (R-1, R-1-B, RO-1, RO-2, R-2, R-3, R-4, MUL, MUH, and MS) zones, a single discretionary permit (Design Review) is required to construct single family and/or multifamily housing. In the Planned Residential Zones (RPD and RMP), two discretionary permits (Precise Development Plan and Design Review) are required. As described above, objective design standards are used for applicable projects. 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 110 The Design Review Board acts on Design Review applications at public hearings. The Design Review Board reviews any variance applications associated with the site plan and design of the project simultaneously; other variances are reviewed by the Planning Commission. No additional discretionary review is required to approve housing projects in the above-listed zones. If the decision of the Design Review Board or Planning Commission is appealed to the Town Council, the Town Council will hold a hearing and make the final decision on the application. The Design Review process typically has the elements and timeline shown in Table 1821. Table 21: Design Review Process and Timeline Task Time Application filed. Project sponsor submits completed application forms, drawings, supporting documents and fees 1 day Completeness review. The application is routed to Town departments to determine whether additional information is required to process the application, and for recommended conditions of approval. < 30 days Completeness notice. Written notice is sent to the applicant informing them whether the project is complete or incomplete. 1 day Follow-up submittal. If the application is incomplete, the applicant will submit follow-up information as requested. The time to complete this task is determined by the project sponsor, but generally does not exceed 30 days. If the application was complete, this step is skipped. Varies Environmental Review. The application is reviewed to determine whether the project is exempt from CEQA or if an Initial Study is required. Most projects are found to be exempt from CEQA. If a Negative Declaration is prepared, environmental review may take the full 6 months allowed by law. 1 day – 6 months Staff report. A detailed evaluation of the application is conducted by staff and a written report is prepared for public review. 30 days Public meeting. A hearing notice is sent at least 10 days before the meeting to property owners within 300 feet of the property. The Design Review Board conducts a public meeting and takes action on the application. 10 days In Tiburon’s Neighborhood Commercial and Village Commercial zones, current zoning requires two discretionary permits for residential development. The Planning Commission must approve a Conditional Use Permit for the residential use and the Design Review Board must approve a Design Review permit. Each process is separate; processing is sequential. This means that a very similar task/timeline to that shown above is first performed by the Planning Commission and then by the Design Review Board, with only the environmental review portion not being repeated by the Design Review Board. In Tiburon’s Mixed Use and Main Street zones, qualified residential projects that are consistent with Senate Bill 35 will be processed through a ministerial and streamlined approval process. As described above, for projects that are consistent with State Law (i.e., Senate Bill 330), a “preliminary application” is allowed for a development project that includes residential units; a mix of commercial and residential uses with two-thirds of the project’s square footage used for residential purposes; or 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 111 transitional or supportive housing. Upon submittal of an application and a payment of the permit processing fee, a housing developer is allowed to “freeze” the applicable fees and development standards that apply to their project while they assemble the rest of the material necessary for a full application submittal. After submitting the preliminary application to the Town, an applicant has 180 days to submit a full application, or the preliminary application will expire. Public hearing for applicable housing development projects that are consistent with SB 330 in the MU and MS are limited to five hearings, including Planning Commission, Town Council, and appeal hearings. Eligible projects consistent with SB 35 and SB 330 are required to comply with objective zoning standards and General Plan requirements. For projects subject to CEQA, CEQA hearings or hearings related to zoning variances or code exemptions are not including in the public hearing limit. All other development projects in the MU and MS zones will follow the current zoning requirement, which requires two discretionary permits for residential development. The Planning Commission must approve a Conditional Use Permit for the residential use and the Design Review Board must approve a Design Review permit. Each process is separate, and processing is sequential. This means that a very similar task/timeline to that shown above is first performed by the Planning Commission and then by the Design Review Board, with only the environmental review portion not being repeated by the Design Review Board. The Town recognizes that the time required to process a development proposal can be a barrier to housing production if it is lengthy. The Town has streamlined its development review process and adopted a new Zoning Ordinance to make the process more efficient, while still providing adequate opportunity for public review and input. In addition, much of the permit processing time frame is dictated by state-mandated noticing and processing procedures that help assure community review of projects. Processing times for projects in Tiburon are similar to, if not faster than, other jurisdictions in Marin County. The Town has a maximum of 30 days to conduct an initial review of the project and determine whether it is “complete,” or whether additional information is needed to evaluate the project. While this may seem like a long time, it includes time to refer the application to different departments and outside agencies involved in development review; and to receive and consolidate these comments. Staff tries to anticipate analyses that will be needed for environmental review or during the public hearing process (such as any special studies). If the project does not meet various Town standards, it may also need to be revised. In the past several years, the Town has improved submittal checklists and handouts to identify what information is required for an application to be deemed “complete.” Within 30 days of receiving a complete application, the Town must determine whether the project requires a Negative Declaration, Environmental Impact Report or can be categorically exempt. If not categorically exempt, staff prepares an “Initial study”. If a Negative Declaration is prepared, the state- required public review period is 20 to 30 days, depending on whether a state agency is involved in the review. If an Environmental Impact Report (EIR) is required it can add an additional 6 to 8 months for preparation and review of the Draft EIR, responses to comments, and preparation of the Final EIR. Town records indicate that over the past 20 years, more than 99 percent of design review applications are found to be categorically exempt from CEQA, and the Design Review Board has considered no EIRs for residential development over that period of time and only a handful of Negative Declarations. All such projects have been approved by the Board. The Town works closely with developers to expedite approval procedures so as not to put any unnecessary timing constraints on development. For a project of scale or a likely controversial project, an initial pre-consultation meeting with the planning department, public works, and the fire district is 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 112 recommended to discuss the development proposal. Then a description of the project and application must be filed with a site plan, which is first reviewed by the planning division and other agencies such as public works for consistency with Town ordinances and General Plan guidelines. After the project is approved, the building division performs plan checks and issues building permits. Throughout construction, the building division will perform building checks to monitor the progress of the project. This process does not seem to put an undue time constraint on most developments because of the close working relationship between Town staff, developers, and the decision-making bodies (Design Review, Planning Commission, and Town Council). Some projects may include a variance request and those requests are generally considered at the same hearing as the design review permit to avoid delays in processing. A vast majority of Design Review applications are approved at the first hearing. Additionally, appeals of Design Review Board decisions are limited to a single step, directly to the Town Council, to avoid unnecessary delays from intermediate hearing bodies such as the Planning Commission. The Tiburon zoning ordinance provides the criteria used by decision-makers when reviewing a project for design review approval. The Town also provides illustrations and further details of factors considered in the Town’s Hillside Design Guidelines and the Downtown Tiburon Design Handbook. While design review can be subjective to some extent, these guidelines and Town practices strive to make design review as speedy, objective, and fair as possible. The guiding principles are intended to decrease uncertainty for applicants, and as much as possible, provide objective and clear standards, considerations, and expectations for new development. The Town also provides separate handbooks for design standards for development in the downtown area and in the hillside areas, which comprise the vast majority of Tiburon’s neighborhoods. These design guideline handbooks provide a series of easy-to-understand examples, using illustrations with written explanations, of acceptable and unacceptable design techniques and practices that are useful to architects, designers, applicants, staff, the community, and decision-makers. These objective tools are used in the review of development applications and act to reduce uncertainty as to whether an application will be favorably received by the Town. 4.5 CODES AND ENFORCEMENT Tiburon adopts and enforces the California Building Standards Code and subsidiary regulations, contained in Title 24 of the California Code of Regulations. While these standards raise construction costs, they are necessary to protect the public health and safety and are required pursuant to State law. Title 24 results in energy savings and lower operating cost for property owners and residents. State law allows local governing bodies to amend the building standards in the new codes as long as they are more restrictive than the state standards and are based on findings that the amendments are necessary due to local climatic, topographic or geological conditions. The Town has amended the Building Code to require an existing structure with a substandard roof to replace the entire roof with a Class A roof or noncombustible roof when alterations or repairs to the existing roof involves more than fifty percent of the total existing roof area. Other amendments relate to installation of automatic fire sprinklers as required by the Fire Protections Districts, address markings, and construction time limits. The Town has adopted certain voluntary measures of the 2019 CALGreen code as mandatory measures for new residential and non-residential construction (not including additions). These are Tier 1 measures related to planning and design, water efficiency and 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 113 conservation, material conservation and resource efficiency, and environmental quality. None of the building code amendments pose a special constraint to the production of housing. The Tiburon Building Division requires a Residential Building Report (RBR) upon the sale of dwelling units to ensure that basic life-safety code violations are identified and corrected before a new owner occupies the building. If these correcting deficiencies pose a hardship to the property owner, residential rehabilitation loans are available for very low income homeowners through the Marin Housing Authority. If illegal units or uses are discovered during the inspection associated with the RBR, the Building Division requires these units to be brought into compliance with the code (legalized) or abated. The impact of this on the number of housing units has been negligible, as few illegal units are discovered. Nevertheless, Program H-bb calls for the distribution of a handout explaining the “best practices” and procedures for legalizing an unauthorized secondary dwelling unit. The Town’s code enforcement program is complaint-driven. The Town’s planners and the Building Official investigate alleged code violations and most complaints are resolved voluntarily. The Town has a nuisance abatement ordinance that may be used if necessary. The Town may charge additional fees when work has been done without permits and require that the work be brought up to code standards. 4.6 ON- AND OFF-SITE IMPROVEMENTS On- and off-site improvements (not including basic infrastructure and installation of public utilities) typically include parking, drainage improvements, and streets. These improvements can constitute constraints to the development of affordable housing, although not market-rate housing of the type constructed in Tiburon. Chapter 13-8 of the Tiburon Municipal Code requires new construction on lots fronting unimproved streets to install curbs and gutter as determined by the Town Engineer. With respect to streets, the Town allows narrow streets (18-20 feet) with occasional “parking bays” as opposed to wider streets with parallel parking on one or both sides. This reduces construction costs considerably. Drainage improvements must be adequate to meet standard engineering criteria to prevent damage and flooding. With respect to on-site parking requirements for affordable housing projects, the Zoning Code makes provisions for flexible parking standards and “shared parking” to reduce this constraint. 4.7 HOUSING FOR PERSONS WITH DISABILITIES As noted in the Special Needs section of the Housing Needs Analysis, persons with disabilities have a number of housing needs related to the accessibility of dwelling units; access to transportation, employment, and commercial services; and alternative living arrangements that include on-site or nearby supportive services. The Town ensures that new housing developments comply with the California Building Standards Code and federal requirements for accessibility. REASONABLE ACCOMMODATION Federal and State law impose an affirmative duty on local government to make reasonable accommodations in their zoning and other land use regulations to remove barriers to disabled persons who are seeking housing. The Housing Element must contain policies and programs to implement fair 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 114 housing laws and to provide housing for all needs groups. In particular, the Housing Element should identify and remove constraints to the development of housing for persons with disabilities, including land use and zoning regulations, and provide reasonable accommodation as one method of promoting equal access to housing. The fair housing laws require that municipalities apply flexibility or waive standards when necessary to eliminate barriers to persons with disabilities. For example, it may be necessary to waive setback standards to allow installation of a ramp to facilitate access to a home. The California Attorney General has opined that the usual variance or use permit procedure does not provide the correct standard for making fair housing determinations. In the typical process of granting relief from a zoning standard, the focus is on special characteristics of the property. However, in the case of disabled access, the issue is the special need of the individual that makes the zoning standard a barrier to accessing housing. In response to this problem, many California municipalities are adopting fair housing reasonable accommodation procedures to address barriers in land use and zoning regulations. PROCEDURES FOR ENSURING REASONABLE ACCOMMODATION The Town adopted a reasonable accommodation ordinance in 2012 (Municipal Code Chapter 16, Article IX) to provide a procedure to request reasonable accommodation for persons with disabilities seeking equal housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies, and procedures. The Director of Community Development reviews and approves a request for reasonable accommodation as long as no other discretionary permit approval is required. The reviewing authority issues a written determination within 45 days to grant, grant with modifications, or deny a request for reasonable accommodation that is consistent with fair housing laws based on the following factors: 1. Whether the housing which is the subject of the request will be used by an individual considered disabled under the Acts. 2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts. 3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the town. 4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a town program or law, including but not limited to land use or zoning. 5. Potential impact on surrounding uses. 6. Physical attributes of the property and structures. 7. Alternative reasonable accommodations that may provide an equivalent level of benefit. A determination by the review authority to grant or deny a request for reasonable accommodation may be appealed within ten days of the decision to the Town Council. 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 115 Intermediate or community care facilities as defined by state law, or any other residential care facility for the handicapped (as defined by the Fair Housing Act), located in a single-family dwelling are permitted in all residential zones by right. The zoning code defines “intermediate care facility” and “community care facility” as “any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes residential facilities, adult day care facilities, day treatment facilities, foster family homes, small family homes, social rehabilitation facilities, community treatment facilities, and social day care facilities (Health and Safety Code Sections 1500 et seq.).” The Town does not require a minimum distance between these facilities. The zoning code defines the term “family” as “one or more persons occupying a dwelling and living as a single, domestic housekeeping unit, as distinguished from a group occupying a hotel or motel, club, fraternity or sorority house.” The analysis does not identify any potential constraints on housing for persons with disabilities. ZONING AND OTHER LAND USE REGULATIONS Tiburon implements and enforces Chapter 11A, Housing Accessibility, of the California Building Standards Code. The Town provides information to all interested parties regarding accommodations in zoning, permit processes, and application of building codes for housing for persons with disabilities. The Town has not identified any zoning or other land-use controls that could discriminate against persons with disabilities or restrict access to housing for disabled individuals. Examples of the ways in which the Town of Tiburon facilitates housing for persons with disabilities through its regulatory and permitting processes include: • The Town permits group homes in all residential districts with no regulatory restrictions, except compliance with the building code. • The Town does not restrict occupancy of unrelated individuals in group homes and does not limit the number of persons living in a housing unit. • The Town permits housing for special needs groups, including persons with disabilities, without regard to distances between uses. The Land Use Element of the General Plan does not restrict the sites of special needs housing. PERMITTING PROCEDURES As a small community, the Planning and Building Department is able to provide personalized service to each resident. Requests to modify homes to meet the needs of the disabled are handled on a case- by-case basis, with staff working closely with applicants to accommodate their needs. The Zoning Ordinance facilitates exterior improvements for physically handicapped residents (e.g., an access ramp) by establishing them as minor permits, approvable by Town staff, and waiving the requirement for a Design Review public hearing. The Town administratively approves building permits for wheelchair lifts and elevators. Wheelchair ramps are not considered to be structures under the Tiburon Zoning Code and are not required to meet setbacks. The Town has the authority to modify 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 116 parking standards to accommodate the needs of the disabled and has demonstrated its willingness to do so in the past. The Building Division administers Title 24 provisions consistently for all disabilities-related construction and responds to complaints regarding any violations. The Town has not adopted any amendments to the 2019 California Building Code that conflict with the ADA. There are no restrictions on lowered countertops, widened doorways, adjustable showerheads, or other adaptations that meet the needs of the disabled. The Housing Element contains policies and implementing programs to ensure reasonable accommodation and equal access to housing for people with disabilities in the Town’s zoning, permit processing and building codes. In implementation of this policy, the Town has designated an ADA Coordinator to ensure compliance with the Town’s Reasonable Accommodation Ordinance and the provisions of the ADA, and to serve as the primary contact for disabled residents with questions, concerns, and requests regarding reasonable accommodation procedures and practices. 4.8 NON-GOVERNMENTAL CONSTRAINTS LAND COSTS Two major factors contribute to high land costs in Tiburon: high demand and limited supply. Land costs in Marin vary both between and within jurisdictions based on factors such as the desirability of the location and the permitted density. In Tiburon, a 0.96 acre vacant lot at 2225 Vistazo Street Est Morningside Drive sold in January 2022 for $696,000 32. Generally, land zoned for multifamily and mixed-use developments is more expensive than property zoned for single-family. Very little land zoned for multifamily or mixed-use development has sold In Tiburon in recent years. Site 3 at 1601 Tiburon Boulevard sold in 2019 and has a current assessed land value of $3.6 million for 0.57 acres, or approximately $6.3 million per acre. The parcel is currently zoned for 40-45 units per acre, which represents $140,000 to $158,000 per unit. Land costs can be a constraint to development in Tiburon because affordable housing developers may look to less expensive areas to develop projects. To address this constraint and improve the financial feasibility of housing development, the Town significantly increased the maximum permitted density on sites previously limited to 20.7 units per acre to 45 units per acre. In addition, density bonuses and development concessions are permitted under State law for developments that include affordable units; these are designed to increase the financial feasibility of affordable housing development. Program H-cc Work with Non-Profits and Property Owners on Housing Opportunity Sites identifies a variety of actions the Town will take to improve the financial feasibility of providing affordable housing, including regulatory incentives, fast track processing, fee waivers, community outreach, and assistance in completing funding applications. 32 Realtor.com, accessed 6/3/22. 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 117 CONSTRUCTION COSTS Construction costs include both hard costs, such as labor and materials, and soft costs, including architectural and engineering services, development fees, and insurance. According to Cumming, a real estate cost consulting firm, hard construction costs (excluding sitework) for a medium quality, single-family detached house in San Francisco cost between $322 and $386 per square foot in 2021. A mid-rise multifamily building cost $449 to $584 per square foot in 2021.33 Construction costs in San Francisco are among the highest in California and in the nation (second only to New York City). Comparable construction costs at the low-end of the reported range for a mid-rise multifamily project are 44% lower in Sacramento, 39% lower in San Diego, and 35% lower in Los Angeles.34 An inclusionary and in-lieu fee study prepared for the Town and several other Marin County jurisdictions in 2021 estimated development construction costs (excluding land cost) as follows: single-family subdivision, $299 per square foot; condominium townhome, $304 per square foot; and rental apartment building, $611 per square foot. Assuming comparable construction costs for Tiburon, a 50-unit development with a gross building area of 50,000 square feet would have construction costs of approximately $30.55 million, or about $611,000 per unit. Construction costs are a constraint to development in Tiburon and the San Francisco Bay Area, as affordable housing developers may look to less expensive areas to stretch their limited development dollars. To address this constraint and improve the financial feasibility of housing development, the Town significantly increased the maximum permitted density on sites previously limited to 20.7 units per acre to 45 units per acre. In addition, density bonuses and development concessions are permitted under State law for developments that include affordable units; these are designed to increase the financial feasibility of affordable housing development. Program H-cc Work with Non-Profits and Property Owners on Housing Opportunity Sites identifies a variety of actions the Town will take to improve the financial feasibility of providing affordable housing, including regulatory incentives, fast track processing, fee waivers, community outreach, and assistance in completing funding applications. In addition, density bonuses and development concessions are permitted under State law for developments that include affordable units; these are designed to increase the financial feasibility of affordable housing development. FINANCING Housing development depends heavily on lending liquidity. When conditions are favorable for lenders, construction volume tends to increase. Loan activity has continued to rise over the past 5 years, although residential and commercial real estate loan origination activity began to taper off in 2021.35 33 Cumming, U.S. Costs per Square Foot of Gross Floor Area 2021, San Francisco, https://ccorpinsights.com/costs-per-square-foot/, accessed 5/10/22. 34 Cumming, U.S. Real Estate and Construction Lending Activity, https://ccorpinsights.com/lending-activity/, accessed 5/10/22. 35 Cumming, U.S. Real Estate and Construction Lending Activity, https://ccorpinsights.com/lending-activity/, accessed 5/10/22. 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 118 Over the past year, mortgage rates for conventional 30-year fixed rate loans have increased from about 3.0 percent to 5.3 percent (Freddie Mac). These conforming loans, which are backed by the federal government through the Federal Housing Administration and the Government Sponsored Entities of Fannie Mae and Freddie Mac, are generally available to home buyers with good credit histories and adequate down payments. Interest rates on non-conforming loans (also known as “jumbo” loans) for loan amounts over $970,800 (in Marin County) are about one-quarter percentage point higher than conforming loan rates. Interest rates are expected to increase, which may put downward pressure on housing prices. If housing prices stabilize or continue to increase, the overall cost of owning a home will rise. Small changes in the interest rate for home purchases dramatically affect affordability. A 30-year home loan for $500,000 at three percent interest has monthly payments of roughly $2,025. A similar home loan at five percent interest has payments of roughly 25 percent more, or $2,575. Affordable housing developments face additional constraints in financing. Though public funding is available, it is allocated on a highly competitive basis and developments must meet multiple qualifying criteria, often including the requirement to pay prevailing wages. Smaller developments with higher per unit costs are among the hardest to make financially feasible. This is because the higher costs result in a sale price that is above the affordability levels set for many programs. Additionally, smaller projects often require significant inputs of time by developers, but because the overall budget is smaller and fees are based on a percentage of total costs, the projects are often not feasible. The Town selected housing sites over ½ acre and close to transit and services to improve the financial feasibility of development and ability to attract grant funding for affordable housing. 4.9 AFFORDABLE HOUSING FUNDING PROGRAMS AND RESOURCES California needs both public and private investment, as well as land use solutions to address critical housing challenges and ensure access to jobs in neighborhoods of opportunity for those living here today and the generations to follow. Land-use regulations can be modified to increase housing supply, encourage development of more affordable housing, and build a variety of housing types located near jobs, transportation, high-performing schools, and other services. However, even with drastic changes in land-use policy to increase supply, a large number of Californians will always remain priced out of both the ownership and rental housing market. Public investment in housing programs is necessary to meet the needs of those who struggle the most to keep roofs over their heads. The overview of funding sources below focuses on active local, state, and federal programs implemented by the Marin Housing Authority, Marin County, HCD, and other agencies to address housing needs in Tiburon, especially the needs of extremely low, very low, and low income persons and families. Affordable Housing & Sustainable Communities Program. Funding for housing, transportation, and land preservation projects that support infill and compact development in proximity to transit to reduce greenhouse gas (GHG) emissions. Affordable Housing and Home Buyer Readiness Program. The Affordable Housing and Homebuyer Readiness Program is a financial coaching series designed to help individuals and families overcome 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 119 obstacles, learn to set goals, and devise a plan to reach them. The program provides information on how to purchase a below market rate unit in Marin County, improve a credit score, avoid and reduce debt, and prepare an affordable housing unit application. Below Market Rate (BMR) Home Ownership Program. The BMR Home Ownership program offers low and moderate-income, first-time homebuyers the opportunity to purchase specified condominium units in Marin County at less than market value. Marin Housing administers the sale of newly constructed units as well as previously owned units being offered for resale. There are approximately 340 homes in the program located throughout Marin County. CalHome. Provides grants to local public agencies and nonprofit corporations for first-time homebuyer and housing rehabilitation assistance, homebuyer counseling and technical assistance activities. Community Development Block Grant Program (CDBG). CDBG funds community & economic development & disaster recovery to create suitable living environments by expanding economic opportunities & providing decent housing to low-income households. CDBG grants are administered by the Marin County Community Development Agency, which makes grant funds available to eligible nonprofit agencies and local governments. Emergency Solutions Grants (ESG) Program. Grants to address homelessness by providing funding for supportive services, emergency shelter/transitional housing, homelessness prevention assistance, and permanent housing. Golden State Acquisition Fund. Loans to developers for acquisition or preservation of affordable housing. Loans are up to five years and a maximum of $13,950,000. HOME American Rescue Plan. Assists individuals or households at risk of, or experiencing homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non-congregate shelter. HOME Investment Partnerships Program. Creates and retains affordable housing for lower-income renters, homebuyers, or homeowners by funding tenant assistance, or single- or multi-family acquisition and/or rehabilitation or new construction. Homekey. Grants to acquire and rehabilitate a variety of housing types to rapidly expand housing for persons experiencing or at risk of homelessness. Housing for a Healthy California. Funds the creation and support of new and existing permanent supportive housing for people who are experiencing chronic homelessness or are homeless and high- cost health users. Infill Infrastructure Grant Program. Grant funding for infrastructure improvements that are an integral part of or necessary to facilitate new infill housing in residential and/or mixed-use projects. Local Housing Trust Fund Program. Matching grant funds to local and regional housing trust funds dedicated to the creation, rehabilitation, or preservation of affordable housing, transitional housing, and emergency shelters. Home Match. Home Match is a free, non-profit home sharing program that connects home providers (homeowners and master tenants) looking to rent a room in their home, apartment, or ADU on their property with home seekers looking for affordable housing options. Home Match is a high-touch 4.0 Housing Constraints Draft Town of Tiburon Housing Element | 120 service that vets and gets to know both program participants and facilitates matches based on shared lifestyle preferences and communication styles. Home Match serves anyone over 18, but most home providers are older adults who need financial support through rent and, or social support through companionship and task exchange to age in place. Most home seekers are older adults living on a fixed income and working class professionals looking for affordable housing options close to work. Home Match provides comprehensive services, including room readiness support, vetting of participants, personalized matching services, assistance with developing agreements about shared use of space, and ongoing mediation support throughout the match. Multifamily Housing Program. Low-interest, long-term deferred-payment loans for new construction, rehabilitation, and preservation of permanent rental housing for lower-income households. National Housing Trust Fund. Federal program to increase and preserve the supply of affordable housing, with an emphasis on rental housing for extremely low-income households. Predevelopment Loan Program. Short-term loans to finance predevelopment costs to preserve, construct, rehabilitate or convert assisted housing for low-income households. Reissued Mortgage Credit Certificate Program. Administered by the Marin Housing Authority, the program provides certificates for lenders and current mortgage credit certificates who refinance their mortgage. Residential Rehabilitation Loan Program. Administered by MHA, the Residential Rehabilitation Loan program provides low-interest property improvement loans and technical assistance to qualified very- low-income homeowners to make basic repairs and improvements, correct substandard conditions, and eliminate health and safety hazards. SB 2 Planning Grants Program. Provides funding and technical assistance to local governments to adopt and implement plans and process improvements that streamline housing approvals and accelerate housing production. Section 8 Housing Choice Voucher Program. The Section 8 Housing Choice Voucher Program provides decent, safe, and sanitary affordable rental housing for very low-income families throughout Marin County. Housing is made affordable by assisting the family with a portion of the rent. A family pays approximately 30% of their monthly income for rent and Marin Housing pays the remainder of the rent directly to the owner. The program is administered by the Marin Housing Authority. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 121 5.0 GOALS, POLICIES, AND PROGRAMS 5.1 OVERVIEW The Housing Element must identify programs to: (1) identify adequate sites, with appropriate zoning and development standards; (2) assist in the development of adequate housing to meet the needs of extremely low-, very low-, low-, and moderate-income households; (3) address, and remove governmental constraints, including housing for persons with disabilities; (4) conserve and improve the condition of the existing affordable housing stock; (5) preserve assisted housing developments at- risk of conversion to market-rate; and (6) promote equal housing opportunities for all persons. The goals, policies, and programs listed in this section outline the means the Town will use to achieve the quantified objectives represented by the Regional Needs Housing Allocation discussed in Section 3.1 and the quantified objectives discussed below. 5.2 QUANTIFIED OBJECTIVES California law requires that housing elements include quantified objectives for the number of units likely to be constructed, rehabilitated, and conserved/preserved by income level for the planning period. The Town of Tiburon quantified objectives for the 2023-2031 Housing Element are shown in Table 26 22 below. Table 22: Quantified Objectives Tiburon can meet its remaining Regional Housing Needs Allocation for new construction by December 31, 2030, with the sites described in the available land inventory and the programs described in this section. While the available land inventory shows additional capacity, the new construction objectives are a conservative estimate recognizing current economic trends. 5.3 HOUSING GOALS, POLICIES, AND PROGRAMS Tiburon’s housing goals provide for a variety of housing opportunities for all economic segments of the community through new construction and maintenance of existing housing for an economically and socially diverse population, while preserving the character of the community. Policy statements and implementing programs help define how the Town’s housing goals will be interpreted and implemented. A policy is a specific statement that guides decision making and indicates a commitment of the local legislative body to a particular course of action. Programs define exactly what is to be done to put the policies into practice while working towards the Town’s housing goals. Extremely Low Very Low Low Moderate Above Moderate Total Units New construction 97 96 110 93 243 639 Rehabilitation 50 50 100 Conservation/ preservation 0 0 012 152 0 1514 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 122 Goal H-A Establish a Town leadership role in providing a mix of housing types that matches the needs of people of all ages and income levels. Policies H-A1 Local Government Leadership and Commitment of Resources. Establish affordable housing as an important priority, with local government taking a proactive leadership role in working with community groups, property owners, affordable housing providers, developers, and other jurisdictions, agencies, and stakeholders in implementing the Housing Element. Marshal and commit the Town’s political leadership, staff, funding sources, and available land resources toward the implementation of the Housing Element’s goals, policies and programs. H-A2 Redevelopment Agency (Town of Tiburon as Successor Agency). Maximize the use of housing set-aside monies in support of affordable housing. Tiburon’s solitary Redevelopment Project Area includes a portion of the Downtown area where several of the sites listed in the Housing Element are located. The Town will seek projects where it can expend its Housing Set Aside funds in conjunction with the Marin Housing Authority. Those funds will be used toward affordable housing projects in the Tiburon Housing Element area and preferably within the Redevelopment Project Area boundary. H-A3 Affordable Housing In-lieu Fee Fund and Other Funding Sources. The Town will seek ways to reduce housing costs for lower income workers and people with special needs by using ongoing local funding resources (Housing In-Lieu Fund) and continuing to utilize other local, state and federal assistance to the fullest extent. The Town will continue to collect and expend affordable housing in-lieu fees for meritorious affordable housing projects. H-A4 Collaborate with Housing Providers. Work with private non-profit housing groups to identify opportunities for, and provide and maintain, affordable housing in Tiburon. H-A5 Collaborate with Other Marin County Planners. The Town will coordinate housing strategies with other jurisdictions in Marin County as appropriate to meet the Town’s housing need. Small municipalities rarely have the staff expertise to maximize assistance to affordable housing developers, especially in the early stages of project formulation and financing. Therefore, the Town supports collaboration of local planners within Marin County to implement Housing Element programs for each jurisdiction. H-A6 Equal Housing Opportunity. Ensure equal housing opportunities for individuals and families seeking housing in Tiburon. Ensure that housing seekers are not discriminated against, consistent with the Fair Housing Act. H-A7 Affirmatively Further Fair Housing. Take meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics, which are: race, color, national origin, religion, sex (including identity and sexual orientation), familial status, and disability. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 123 Implementing Programs H-a Focus Town Resources on Housing Opportunity Sites. Focus Town resources toward the design, approval, financing, and construction of housing, especially affordable housing, on multifamily housing opportunity sites identified in the Tiburon Housing Element. Responsibility: Town Council, Town Manager, Community Development Department Financing: General Fund, Redevelopment Funds, other funding (see funding programs). Objectives: Construction of housing on one or more of the housing opportunity sites Timeframe: Encourage development of three or more housing opportunity sites by 2030. H-b Improve Community Awareness of Housing Needs, Issues, and Programs. The Town will provide information and promote programs and resources for affordable housing, homebuyer assistance, rental assistance, housing rehabilitation, energy efficiency and decarbonization of homes, fair housing, reasonable accommodation requests, and sources of income laws through the following means: 1. Maintain a page on the Town’s website that describes housing programs (such as Residential Rehabilitation Loans, Housing Choice Vouchers, Home Match, and the Affordable Housing and Home Buyer Readiness Program), affordable housing sources (such as the Below Market Rate Home Ownership Program), senior and disabled housing sources and services, fair housing laws, and landlord and tenant resources and provide direct links to County agencies and other resources that administer programs and/or provide more detailed information. 2. Include information on housing programs, affordable housing sources, senior and disabled housing sources and services, fair housing laws, and landlord and tenant resources in Town newsletters and other general communications that are sent to residents. 3. Maintain information and handouts at the Town’s public counter, including brochures published by Fair Housing Advocates of Northern California. 4. Train selected Town staff to provide referrals. 5. Distribute information on programs at public locations (library, schools). 6. Collaborate with other agencies and local jurisdictions (County of Marin, Marin Housing Authority, Chamber of Commerce, EAH) to prepare presentations and distribute informational materials to improve awareness of housing needs, issues, fair housing, and available housing programs. 7. Distribute materials and brochures to neighborhood groups, homeowner associations, property owners and managers, real estate agents, ADU owners, religious institutions, businesses, and other interested groups (Rotary, Chamber of Commerce, etc.). 8. Adopt a Fair Housing Month proclamation each year. Responsibility: Administration, Community Development Department Financing: General Fund Objectives: Obtain and distribute materials; coordinate with other organizations. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 124 Timeframe: Update website and distribute handouts and brochures, and complete actions 1-8 by 2024. Dedicate one Town newsletter each year to promote housing programs and resources and educate community members on fair housing laws. H-c Community Outreach when Implementing Housing Element Programs. Coordinate with local businesses, housing advocacy groups, neighborhood groups, and the Chamber of Commerce in building public understanding and support for workforce and special needs housing and other issues related to housing, including the community benefits of affordable housing, mixed-use, and pedestrian-oriented development. The Town will notify a broad representation of the community when housing programs are discussed by the Planning Commission or Town Council. Specific outreach activities include: 1. Maintain the Housing Element mailing list and send public hearing notices to all interested community members, non-profit agencies, and affected property owners. 2. Post notices at Town Hall, the library, and the post office. 3. Publish notices in the local newspaper. 4. Post information on the Town’s website. 5. Conduct outreach (workshops, neighborhood meetings) to the community as Housing Element programs are implemented. Invite local businesses, housing advocacy groups, neighborhood groups, and the Chamber of Commerce to make presentations and participate in workshops and neighborhood meetings. 5.6. Utilize local businesses, housing advocacy groups, neighborhood groups, and the Chamber of Commerce when conducting focus groups, surveys, and distributing information to their clients and members. Responsibility: Community Development Department Financing: General Fund Objectives: Undertake outreach for each Housing Element program per the Housing Element implementation schedule Timeframe: Ongoing H-d Inclusive Outreach. Conduct targeted outreach to underrepresented community members, including the disabled, seniors, low-income households, people of color, and people who do not speak English as a first language. Provide housing-related materials in Spanish and provide language translation on the Town’s website. Provide surveys in Spanish and Spanish translation for workshops, and conduct focus groups with underrepresented community members. Utilize the Town’s affordable housing providers, Chamber of Commerce, and community groups representing protected class members to assist in outreach efforts. Responsibility: Community Development Department Financing: Staff time, General Fund Objectives: Outreach to underrepresented communities, resulting in participation 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 125 that reflects the make-up of the community, measured by recording demographic information (race, ethnicity, primary language, age, household income, etc.) of survey, focus group, and workshop participants. Timeframe: Targeted outreach to occur in conjunction with the housing element update cycle and annually with a campaign to publicize affordable housing resources H-e Promote Countywide Collaboration on Housing. Participate in a Housing Working Group that consists of staff at all Marin cities and towns and the County of Marin to participate in countywide housing projects, share best practices, and discuss housing issues. Responsibility: Community Development Department Financing: General Fund Objectives: Meet with Housing Working Group Timeframe: Monthly, or as scheduled H-f Provide Home Match Services. Work with home match service providers such as Home Match Marin to help match over-housed seniors with potential lower income tenants or other seniors to save on housing costs. Promote these programs through outreach methods and venues described in Program H-b. Responsibility: Administration, Community Development Department Financing: General Fund Objectives: Obtain and distribute materials; coordinate with home match service providers; complete an average of 2 matches per year. Timeframe: Update website and distribute handouts and brochures by 2024. Dedicate one Town newsletter each year to promote home match programs. H-g Foster Meaningful Assistance from Other Agencies. Town staff will meet and work with other public agencies and special districts (water, fire, schools, sanitary districts, etc.) to promote affordable housing through the provision of fee waivers, fee reductions, development of property, or other assistance for affordable housing projects. Responsibility: Town Manager, Community Development Department Financing: General Fund, Redevelopment Funds, other funding (see funding programs) Objectives: Assistance and incentives for affordable housing Timeframe: Ongoing Annual outreach to public agencies and special districts to identify affordable housing initiatives with monthly meetings to develop and implement initiatives until projects are complete. H-h Conduct Outreach for Developmentally Disabled Housing and Services. Work with the Golden Gate Regional Center to implement an outreach program that informs families within Tiburon on housing and services available for persons with developmental disabilities. Provide information on services on the Town’s website 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 126 and distribute brochures supplied by the service providers. The Town will take the following specific actions in 2023: 1. Contact the Golden Gate Regional Center (GGRC) and establish a working relationship with a specific contact person. Enquire about other service providers that should be included in the Town’s outreach. 2. Request written information from the GGRC and other service providers on housing and services available for persons with developmental disabilities for posting on the Town’s website and inclusion in the Town’s newsletter. 3. Request brochures from the GGRC and other service providers on housing and services at Town Hall. 1.4. Discuss other actions with the GGRC the Town could take to promote housing and services available for the developmentally disabled and create an outreach program with specific steps for implementation. Responsibility: Community Development Department Financing: General Fund Objectives: Support programs to address needs of the developmentally disabled Timeframe: Initiate a cooperative outreach program with the Golden Gate Regional Center in 2023 H-i Review the Housing Element Annually. As required by State law, the Town will review the status of Housing Element programs and submit a progress report to the State Department of Housing and Community Development and the Governor’s Office of Planning and Research by April 1st. Responsibility: Town Council, Planning Commission, Community Development Department Financing: General Fund Objectives: Annual review of Housing Element implementation progress Timeframe: Annually by April 1st H-ij Update the Housing Element. Update the Tiburon Housing Element consistent with State law requirements. Responsibility: Town Council, Planning Commission, Community Development Department Financing: General Fund Objectives: Update and adopt housing element in compliance with State-mandated due date Timeframe: 2031 H-k Coordinate with Water and Sewer Providers. As required by State law, the Town will provide a copy of the adopted housing element update to water and sewer providers, including the Marin Municipal Water District, Sanitary District Number 5 of Marin County, Richardson Bay Sanitary District, and Sanitary District Number 2 of Marin County. The Town will also provide a summary and quantification of Tiburon’s regional housing need allocation. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 127 Responsibility: Community Development Department Financing: General Fund Objectives: Provide copy of Housing Element Update to water and sewer providers Timeframe: Within one month of housing element adoption H-l Apply for State and Local Funds for Affordable Housing. Apply for state and local affordable housing funds including, but not limited to, the programs listed in Section 4.8. Commit these funds to one or more projects located on designated housing sites as shown in the Housing Sites Inventory Table 1011, to projects targeted for persons with disabilities, including persons with developmental disabilities, and to projects targeted to extremely-low income households. Responsibility: Town Council, Community Development Department, Town Manager Financing: Staff time Objectives: Develop funding sources for affordable housing Timeframe: Apply for funding at least three times during the planning period H-m Redevelopment Funding (Town of Tiburon as Successor Agency). In conjunction with the Marin Housing Authority, use remaining housing set-aside funds to meet existing affordable housing obligations and, once those are met, expend the funds solely for the provision of affordable housing in Tiburon consistent with the Tiburon General Plan. Responsibility: Town Council, Planning Commission, Town Manager, Community Development Department Financing: Housing set-aside funds Objectives: Meet existing affordable housing obligations and facilitate the development of at least one affordable housing development Timeframe: Ongoing and develop one affordable housing project by the end of 2030. H-n Work with Non-Profits on Housing. The Town will work with non-profits to assist in achieving the Town’s housing goals and implementing programs. Coordination should occur on an ongoing basis, and as special opportunities arise related to specific housing sites and as the Housing Element is implemented. The Town will reach out to developers of supportive housing to encourage development of projects targeted for persons with disabilities, including developmental disabilities. The Town will also reach out to developers of affordable housing for extremely-low income households. The Town will take the following specific actions: 1. Develop a list of affordable and supportive housing developers, identify primary contacts, and establish working relationships. 2. Maintain a list of housing opportunity sites and discuss potential housing development on these sites as well as other housing sites and opportunities. 3. Discuss development standards and permit processing procedures relevant to potential housing sites. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 128 4. Discuss incentives the Town can offer, including priority processing, density bonuses and concessions, fee waivers or deferrals, and modification of development standards. 5. Identify available funding sources, including the Town’s Low-Moderate Income Housing Fund, as well as other sources the Town could apply for. 6. Discuss potential community outreach activities to gain community acceptance of affordable housing development. 1.7. Monitor the potential expiration of HUD-subsidized funding of Bradley House at the end of 2030 and assist in maintaining the affordability of the development by contacting affordable housing developers and assisting in identifying and applying for federal, state, and local financing and subsidy programs. Responsibility: Community Development Department Financing: Staff time Objectives: Ongoing working relationship with non-profit housing sponsors Timeframe: Outreach to non-profits by the end of 2023 and every two years thereafter H-o Work with the Marin Housing Authority. Continue to implement the agreement with the Marin Housing Authority (MHA) for management of the affordable housing stock to ensure permanent affordability. Implement resale and rental regulations for very low, low, and moderate income units, and assure that these units remain at an affordable price level. Responsibility: Community Development Department, Town Manager Financing: Staff time, General Fund Objectives: Implement agreements to maintain affordability Timeframe: Ongoing H-p Staff Training. Work with Fair Housing Advocates of Northern California to conduct training sessions for Town employees regarding the receipt, documentation, and proper referral of housing discrimination complaints and other fair housing issues. Responsibility: Administration, Community Development Department Financing: General Fund Objectives: Conduct training sessions for staff Timeframe: As needed H-q Housing Discrimination Complaints. Refer discrimination complaints to the appropriate legal service, county, or state agency or Fair Housing Advocates of Northern California (FHANC). The Community Development Director is the designated person in Tiburon with responsibility to investigate and deal appropriately with complaints. Discrimination complaints will be referred to Fair Housing Advocates of Northern Marin, the Marin Housing Authority, Legal Aid, HUD, or the California Department of Fair Employment and Housing, as appropriate. Information regarding the housing discrimination complaint referral process will be posted on the Town’s website. Encourage FHANC to conduct fair housing testing in Tiburon. Responsibility: Community Development Department, Town Manager 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 129 Financing: Staff time, General Fund Objectives: Implementation of Fair Housing laws Timeframe: Ongoing. Post information on the Town’s website and reach out to FHANC by the end of 2023. H-r Reasonable Accommodation. Post information on the Town’s website regarding reasonable accommodation procedures and instruction for submitting accommodation requests. Responsibility: Community Development Department, Town Manager Financing: Staff time, General Fund Objectives: Implementation of Fair Housing laws Timeframe: By the end of 2023 Goal H-B Provide housing for special needs populations that is coordinated with support services. Policies H-B1 Provision of Affordable Housing for Special Needs Households. Provide opportunities through affordable housing programs for a variety of housing types and affordability levels to be constructed or acquired for special needs groups, including assisted housing and licensed board and care facilities. H-B2 Health and Human Services Programs Linkages. Support housing that incorporates facilities and services to meet the health care, transit or social service needs of extremely low income households and persons, and persons living with disabilities. As appropriate to its role, the Town will assist service providers to link together services serving special needs populations to provide the most effective response to homelessness or persons at risk of homelessness, youth needs, seniors, persons with mental or physical disabilities, substance abuse problems, HIV/AIDS, physical and developmental disabilities, multiple diagnoses, veterans, victims of domestic violence, and other economically challenged or underemployed workers. H-B3 Density Bonuses for Special Needs Housing. The Town will use density bonuses to assist in meeting special housing needs, housing for lower income elderly and disabled. H-B4 Countywide Efforts to Address Housing for the Homeless. In recognition that there is a lack of resources to set up separate systems of care for different groups of people, including homeless-specific services for the homeless or people “at risk” of becoming homeless, local governments in Marin must coordinate efforts to develop a fully integrated approach for the broader low-income population. The Town will support countywide programs Marin County Continuum of Care36 actions for the homeless including emergency shelter, transitional 36 The Department of Housing and Urban Development (HUD) allocates HUD homeless assistance grants to 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 130 housing, supportive housing, and permanent housing. H-B5 Emergency Shelter Facilities Located in Tiburon. The Town of Tiburon recognizes the need for and desirability of emergency shelter housing for the homeless and will allow a year-round emergency shelter as a permitted use in commercial zones as established in the Zoning Ordinance.37 In addition, the following would apply: 1. The Town will encourage positive relations between neighborhoods and providers of permanent or temporary emergency shelters. Providers or sponsors of emergency shelters, transitional housing programs and community care facilities shall be encouraged to establish outreach programs within their neighborhoods and, when necessary, work with the Town or a designated agency to resolve disputes. 2. It is recommended that a staff person from the provider agency be designated as a contact person with the community to review questions or comments from the neighborhood. H-B6 Adaptable/Accessible Units for the Disabled. The Town will ensure that new multi-family housing includes units that are accessible and adaptable for use by disabled persons in conformance with the California Building Code. This will include ways to promote housing design strategies to allow seniors to “age in place.” H-B7 Transitional and Supportive Housing. The Town of Tiburon recognizes the need for and desirability of transitional and supportive housing and will treat transitional and supportive housing as a residential use that will be subject only to the same restrictions that apply to other residential uses of the same type in the same zone. H-B8 Emergency Housing Assistance. Participate and allocate funds, as appropriate, for County and non-profit programs providing disaster preparedness and emergency shelter and related counseling services. Implementing Programs H-s Provision of Affordable Housing for Special Needs Households. Continue to facilitate programs and projects which meet federal, state, and local requirements to provide accessibility for seniors, persons with disabilities, including developmental disabilities, large families, and single-person and single parent households. Apply organizations that participate in local homeless assistance program planning networks. Each of these networks is called a Continuum of Care. HUD introduced the concept to encourage and support local organizations in coordinating their efforts to address housing and homeless issues. The Marin County Continuum of Care is operated through the County’s Health and Human Services Agency. 37 Standards for Emergency Shelters consistent with SB2 are contained in Municipal Code Section 16-40.060 - Emergency Shelters. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 131 current inclusionary housing provisions that require 10% of new units to be designed for special needs households. Specific types of housing include: 1. Smaller, affordable residential units, especially for lower income single- person and single parent households. 2. Affordable senior housing to meet the burgeoning needs of an aging population, including assisted housing and board and care (licensed facilities). 3. Affordable units with three or more bedrooms for large family households. 4. Affordable housing that is built for, or can easily and inexpensively be adapted for, use by people with disabilities (specific standards are established in California Title 24 Accessibility Regulations for new and rehabilitation projects, augmented by Americans with Disabilities Act guidelines) and people with developmental disabilities. Responsibility: Town Council, Community Development Department Financing: Staff time. Objectives: Construction of at least 50 housing units for people with special needs. Timeframe: Ongoing H-t Emergency Housing Assistance. Actively engage with other jurisdictions in Marin to provide additional housing and other options for the homeless, supporting and implementing Continuum of Care actions in response to the needs of homeless families and individuals. Participate and allocate funds, as appropriate, for County and non-profit programs providing emergency shelter and related counseling services. Responsibility: Town Manager, Town Council, Community Development Department Financing: Affordable Housing Fund Objectives: Respond to requests for assistance Timeframe: Attend Marin County Council of Mayors and Councilmembers (MCCMC) Elected Officials Homeless Subcommittee meetings at least four times per year; consider funding requests during Town’s budget setting process. H-u Provide Town Public Employee Housing Assistance. Identify opportunities for local government and public agency employees (especially public safety personnel) to find housing locally through such efforts as acquisition of affordable units, construction of workforce housing at public facilities or parking lots, or subsidizing mortgages or rents. Utilize the Town’s Low-Moderate Income Housing Fund and Town Owned Housing Units Fund to purchase below market rate units as they become available and to maintain the Town’s portfolio of Town-owned affordable housing. Responsibility: Town Manager, Town Council Financing: Staff time Objectives: Provide housing assistance to 5 percent of Town employees Timeframe: Ongoing 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 132 Goal H-C Protect and conserve the existing housing stock and mix of unit types. Policies H-C1 Support Housing Conservation and Affordability. Pursue funding for conservation and rehabilitation of existing housing to preserve neighborhood character and retain the supply of affordable housing units. H-C2 Condominium Conversions. Except for limited equity cooperatives and other innovative housing proposals which are affordable to lower income households, the Town will prohibit conversion of existing multi-family rental dwellings to market rate condominium units unless the Town’s rental vacancy rate is above 4.5 percent. H-C3 Protection of Existing Affordable Housing. Ensure that affordable housing provided through governmental subsidy programs, incentives and deed restrictions remains affordable, and intervene when necessary to help preserve such housing. H-C4 Preserve “Old Tiburon” Housing. Limit the loss of housing units in “Old Tiburon” through conversion of existing two-family or multi-family dwellings into single-family dwellings or buildings containing fewer units.38 H-C5 Rental Assistance Programs. Continue to publicize and create opportunities for using available rental assistance programs for extremely low, very low and low income households in coordination with the Marin Housing Authority (MHA). H-C6 Reconstruction at Existing Densities. Protect and preserve housing units by granting density bonuses that allow the re-establishment of housing developments containing affordable housing units (regardless of the current General Plan density limit for the site) at the pre- existing density, in the event that such developments are damaged or destroyed by fire, earthquake, or similar disaster. H-C7 Preserve the Housing Stock. In order to protect and conserve the housing stock, the Town will, to the extent permitted by law, prohibit the conversion of residential units to other uses and regulate the conversion of rental developments to non-residential uses unless there is a clear public benefit or equivalent housing can be provided. H-C8 Maintenance and Management of Quality Housing. Support good management practices and the long-term maintenance and improvement of existing housing through housing and building code enforcement, rehabilitation programs for viable older housing, and long-term maintenance and improvement of neighborhoods. 38 This modification is contained in the Zoning Ordinance, which requires a conditional use permit for conversion to fewer units. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 133 H-C9 Energy and Resource Conservation. Promote development and construction standards that conserve resources and encourage housing types and designs that use cost-effective energy and resource conservation measures (water, electricity, etc.) and therefore cost less to operate over time, supporting long-term housing affordability for occupants. H-C10 Resale Controls to Maintain Affordability. Continue to impose resale controls and rent and income restrictions to the maximum extent possible (at least 55 years) to ensure that affordable housing, provided through zoning and other government incentives and/or as a condition of development approval, remains affordable over time to the income group for which it is intended. The Town will implement long-term or in-perpetuity agreements and/or deed restrictions with owners and/or developers to govern the affordability of such units. This assurance will be provided through recorded agreements and by monitoring their continuing affordability, or other equally effective means.39 Implementing Programs H-v Rehabilitation Loan Programs. In cooperation with the Marin Housing Authority (MHA), improve citizen awareness of rehabilitation loan programs. Utilize the Town’s website, newsletter, social media, and counter handout to publicize programs. Responsibility: Community Development Department, MHA Financing: MHA Objectives: Facilitate rehabilitation loans for 3 low income households Timeframe: Update the Town’s website by the end of 2023 and update and publicize annually thereafter. H-w Conduct Residential Building Report Inspections. The Town will continue to inspect and report on all residential units prior to resale, with the intent to maintain and upgrade the safety of housing within the town consistent with adopted Building Codes. In addition to health and safety concerns, the residential building report discloses the authorized use, occupancy and zoning of the property and an itemization of deficiencies in the dwelling unit. Responsibility: Building Division Financing: General Fund through fee charged for residential building report inspections Objectives: Complete Residential Building Reports for all housing units prior to resale Timeframe: Ongoing H-x Rental Assistance Programs. Continue to publicize and participate in rental assistance programs such as Section 8 Housing Choice Vouchers in coordination with 39 The Marin Housing Authority is the agency designated to administer inclusionary housing programs on behalf of the Town, although the Town has flexibility to designate another agency or entity. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 134 the Marin Housing Authority (MHA). Utilize the Town’s website, newsletter, social media, and handouts to publicize programs. Provide multilingual links to the California Department of Fair Employment and Housing’s Sources of Income Fact Sheet and FAQ and printed materials. Collaborate with at least two other organization, schools, or agencies to post handouts at their locations. Responsibility: Community Development Department, Marin Housing Authority Financing: Staff time Objectives: Publicity and increased use of Section 8 vouchers Timeframe: Update website and distribute handouts by 2024. Dedicate one newsletter each year to promote the Housing Choice Voucher program and fair housing laws. H-y Condominium Conversions. Preserve rental housing by enforcement through the Town's condominium conversion ordinance and Housing Element policy.40 Responsibility: Community Development Department Financing: General Fund Objectives: Protection of the Town’s rental housing stock. Timeframe: Ongoing H-z Coordination with Affordable Housing Providers. Work with affordable housing providers and managers to ensure affordable units are well-maintained. Conduct outreach to affordable housing tenants on code enforcement issues and procedures for filing complaints. Facilitate communication between tenants and affordable housing providers and managers and work to resolve issues of concern. Responsibility: Community Development Department Financing: General Fund Objectives: Protection of the Town’s affordable housing stock Timeframe: Ongoing Proactive outreach to affordable housing providers, managers, and tenants in 2024 and biennially thereafter. As concerns arise, participate in meetings at least monthly to resolve issues. H-aa Tenant Protection Strategies. Work with the County of Marin and other Marin jurisdictions to explore and develop strategies that protect tenants from rapidly rising rents and displacement. These may include:  Rent stabilization: Currently, the State imposes rent caps on some residential rental properties (AB 1482) through 2030. Consider adopting a permanent policy and/or expansion to units not covered by AB 1482, as permitted by law.  Just cause for eviction: AB 1482 also establishes a specific set of reasons 40 See 16-52.050 - Condominium Use Permit 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 135 that a tenancy can be terminated. These include: 1) default in rent payment; 2) breach of lease term; 3) nuisance activity or waste; 4) criminal activity; 5) subletting without permission; 6) refusal to provide access; 7) failure to vacate; 8) refusal to sign lease; and 9) unlawful purpose. Consider expanding on these protections or extending if State protections expire.  Local relocation assistance: Consider developing a countywide relocation assistance program that provides greater relocation assistance to special needs groups (e.g., seniors, disabled, female-headed households) and reasonable accommodation for persons with disabilities.  Right to Purchase: When tenants are being evicted due to condominium conversion or redevelopment, offer first right to purchase to displaced tenants to purchase the units.  Right to Return: When tenants are being evicted due to rehabilitation/renovation of the property, offer first right to displaced tenants to return to the improved property.  Tenant Bill of Rights: Adopt a tenant’s bill of rights that considers extending protections for subletters and family members and addresses severe habitability issues and market pressures. This provision could also provide anti-retaliation protection for tenants that assert their rights and a right to legal representation in the case of evictions. The Town will take the following actions: 1. Participate in countywide meetings with planning staff from all Marin jurisdictions to review best practices and develop model ordinances for the tenant protection strategies identified above in 2024. Work with Fair Housing of Northern California and Legal Aid of Marin to develop strategies and prepare model ordinances. 2. Conduct study sessions with the Planning Commission and Town Council to understand needs and best practices for the tenant protection strategies identified above in 2025. Invite Fair Housing of Northern California and Legal Aid of Marin to present at and participate in the study sessions. 1.3. Prepare ordinances at Town Council direction and bring forward for Planning Commission and Town Council consideration of adoption in 2025. Responsibility: Community Development Department Financing: Regional Early Action Planning (REAP) grants; staff time Objectives: Exploration of and possible action on tenant protection strategies Timeframe: Explore options with Marin jurisdictions in 2024 and bring forward for Council direction, including possible ordinance adoption, in 2025. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 136 H-bb Link Code Enforcement with Public Information Programs on Town Standards and Rehabilitation and Energy Loan Programs. Implement housing, building, and fire code enforcement to ensure compliance with basic health and safety building standards and provide information about rehabilitation loan programs for use by qualifying property owners who are cited. Specific actions include: 1. Coordinate with the Marin Housing Authority and utility providers to publicize available loan programs to eligible owner and renter-occupied housing. 2. Provide public information on alternative energy technologies for residential developers, contractors, and property owners. 3. Publicize tenant assistance and energy conservation programs that are available to provide subsidized or at-cost inspection and corrective action. 4. Provide an informational guide to homeowners explaining the benefits, “best practices” and procedures for adding or legalizing a secondary dwelling unit. Responsibility: Community Development Department, Marin Housing Authority, PG&E, and MCE Financing: General Fund Objectives: Upgrades to the Town’s housing stock and compliance with codes. Timeframe: Ongoing H-cc Provide Information on Energy Efficiency and Renewable Energy Programs. Provide information on available energy efficiency, renewable energy, and decarbonization rebates, incentives, loans, and program, highlighting any programs that serve and/or provide deeper discounts for low-income households. Specific actions include: 1. Coordinate with the County of Marin, the Marin Climate & Energy Partnership, BayRen, and utility providers to identify, fund, design, and publicize programs. 2. Utilize the Town’s website, newsletter, social media, and counter handouts to provide information on alternative energy technologies for residential developers, contractors, and property owners. Responsibility: Community Development Department Financing: General Fund Objectives: Upgrades to the Town’s housing stock. Timeframe: Ongoing with annual social media and newsletter campaign. Goal H-D Facilitate the development of new infill housing in Downtown Tiburon and on identified underutilized sites throughout the Town that are close to services and transit. Continue to encourage accessory dwelling units to provide additional housing opportunities throughout established neighborhoods. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 137 Policies H-D1 Variety of Housing Choices. In response to the broad range of housing needs in Tiburon, the Town will strive to achieve a mix of housing types, densities, affordability levels and designs. This will include an adequate supply and variety of housing opportunities to meet the needs of Tiburon’s workforce and their families, striving to match housing types and affordability with household income. The Town will work with developers of non-traditional and innovative housing approaches in financing, design, construction, and types of housing that meet local housing needs. Housing opportunities for families with children should not be limited because necessary facilities are not provided on site. H-D2 New Affordable Housing. Facilitate the design, approval, and construction of affordable housing projects using a variety of mechanisms, including mixed-use development incentives, inclusionary zoning, density bonus programs, affordable housing overlay zones, and creation of accessory dwelling units. H-D3 Key Housing Opportunity Sites. Given the diminishing availability of developable land, the Town will identify housing opportunity areas and sites where a special effort will be made to provide workforce and special needs affordable housing. The Town will take specific actions to promote the development of affordable housing units on these sites (identified in the Implementing Programs). H-D4 Mixed Use Infill Housing. The Town will encourage well-designed mixed use developments (residential mixed with other uses) where residential use is appropriate to the setting and development impacts can be mitigated. The Town will develop incentives to encourage mixed use development in appropriate locations, such as in and near to the downtown that are in proximity to transit and services and would support downtown businesses. H-D5 Redevelopment of Commercial Shopping Areas and Sites. The Town will encourage the development of housing in conjunction with the redevelopment of commercial shopping areas and sites when it occurs. H-D6 Density Bonuses and Other Incentives for Affordable Housing Developments. The Town will use density bonuses and other incentives to help achieve housing goals, including provisions consistent with State Density Bonus Law.41 41 State density bonus law, Government Code Section 65915, was first enacted in 1979. The law requires local governments to provide density bonuses and other incentives to developers of affordable housing who commit to providing a certain percentage of dwelling units to persons whose incomes do not exceed specific thresholds. Cities also must provide bonuses to certain developers of senior housing developments, and in response to certain donations of land and the inclusion of childcare centers in some developments. Essentially, state density bonus law establishes that a residential project of five or more units that provides affordable or senior housing at specific affordability levels may be eligible for a “density bonus” to allow more dwelling units than otherwise allowed on the site by the applicable General Plan Land Use Map and Zoning. The density bonus may be approved only in conjunction with a development permit (i.e., tentative map, parcel map, use permit or design review). Under State law, a jurisdiction must provide a density bonus, and concessions and incentives granted at the applicant’s request 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 138 H-D7 Retention and Expansion of Multifamily Sites at Medium and Higher Density. The Town will strive to protect and expand the supply and availability of multifamily and mixed use infill housing sites for housing. The Town will not re-designate or rezone residential land for other uses or to lower densities without re-designating equivalent land for higher density multifamily development. H-D9 Accessory Dwelling Units. Encourage the construction of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) as an important way to provide affordable rental housing opportunities, especially for senior households, single persons, single parents, and young households. H-D11 Inclusionary Housing Requirements. Implement the Town’s inclusionary housing provisions to generate affordable housing units and in-lieu fees that can be effectively used to support affordable housing projects on less constrained housing opportunity sites. Implementation Programs H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites. Encourage cooperative and joint ventures between owners, developers, and non- profit groups in the provision of below market rate housing. Work with non-profits and property owners to seek opportunities for affordable housing development on key housing opportunity sites that are close to services, transit, and jobs. Undertake the following actions to encourage development of multi-family, affordable housing, including housing for extremely low income households: 1. Meet with non-profit housing developers and property owners of Sites 1- 9 to identify housing development opportunities, issues, and needs during 2023. 2. Select the most viable sites during 2023 and 2024. 3. Undertake community outreach in coordination with potential developers and property owners during 2023 and 2024. 4. Complete site planning studies, continued community outreach, and regulatory approvals in coordination with the development application. 5. Facilitate development through regulatory incentives, reducing or waiving fees, fast track processing, lot consolidation (i.e., assistance with the application and fee reduction or waiver), and assistance in development review. 6. Require affordable units to be affirmatively marketed to communities of color and protected classes. Utilize publications, venues, and community groups that serve Black and Latinx communities, especially outside of Marin County. 6.7. Provide funding from the Town’s Low and Moderate Income Housing fund based on specific criteria. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 139 for affordable housing developments. Responsibility: Community Development Department, Town Manager, Planning Commission, Town Council Financing: General Fund, Redevelopment Set-Aside, other funding Objectives: Encourage development of 297 units affordable to lower-income households on housing opportunity sites 1-9 Timeframe: Actions as identified above and development of housing sites by 2030 H-ee Implement “Affordable Housing Overlay Zone” and Inclusionary Housing Ordinance. Annually monitor and evaluate the effectiveness of the Affordable Housing Overlay Zone and Inclusionary Housing Ordinance as part of the annual Housing Element review (see Program H-i). As part of the annual review The Town will determine if the number and/or percentage of affordable units required by income category need to be adjusted in order to achieve the Town’s affordable housing goals without unduly impacting overall housing production and supply. The Town will amend the zoning ordinance as necessary. 1. Amend the Inclusionary Housing Ordinance to identify the interior amenities subject to the ordinance and provide objective standards that allow lower-cost substitutions that do not compromise performance or functionality. Responsibility: Community Development Department, Town Manager, Planning Commission, Town Council Financing: General Fund, Redevelopment Set-Aside, Housing Fund, other funding. Objectives: Development of housing sites A-G by 2030 Timeframe: OngoingAmend the Inclusionary Housing Ordinance within one year of Housing Element adoption. H-ff Bonuses for Affordable Housing Projects Consistent with State Density Bonus Law. Offer density bonuses consistent with the State Density Bonus Law. Responsibility: Community Development Department Financing: General Fund Objectives: Application of State Density Bonus law Timeframe: Ongoing H-gg Design of Multifamily Housing. Conduct design review to assure excellence of design in new multifamily housing development and utilize objective design and development standards for applicable projects. Responsibility: Community Development Department Financing: General Fund Objectives: Development of well-designed multifamily housing Timeframe: Ongoing 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 140 H-hh Outreach and Education for Accessory Dwelling Unit Development. Encourage and facilitate ADU and JADU development to provide additional housing opportunities throughout established neighborhoods. Take the following actions: 1. Provide information on Tiburon’s ADU standards for posting on the MarinADU ADUMarin website. 2. Provide ADU and JADU application checklists on the Town’s website. 3. Develop a handout on ADU standards and the application process and distribute at Town Hall. 4. Provide links to the California Department of Fair Employment and Housing’s Sources of Income Fact Sheet and FAQ in Town communications and printed handouts at the building counter. Provide handouts to ADU permit applicants. 5. Promote the MarinADU ADUMarin website in the Town’s newsletter and ADU handout, on social media, and on the Town’s website. 5.6. Establish an ADU specialist in the Community Development Department. Responsibility: Community Development Department Financing: General Fund Objectives: 72 new ADUs and JADUs by the end of 2030 Timeframe: Develop new materials, update the Town’s website, and provide counter handouts by the end of 2023. Update and publicize annually thereafter. H-ii Track and Evaluate Accessory Dwelling Unit Production. Continue to track ADU and JADU permits, construction, and affordability levels. Review ADU and JADU development at the mid-point of the planning cycle to determine if production estimates are being achieved as identified in the housing site inventory. Depending on the findings of the review, revise the housing sites inventory to ensure adequate sites are available to accommodate the remaining lower income housing need. Responsibility: Community Development Department Financing: General Fund Objectives: 72 new ADUs and JADUs by 2030 with affordability levels as follows: 21 very low, 21 low, 21 moderate, and 9 above moderate Timeframe: Ongoing tracking and mid-point planning cycle review by June 2027 H-jj Rezone Housing Opportunity Sites. Establish new Mixed Use, Main Street, and R-4 zoning districts and objective design and development standards for those districts that facilitate development at the realistic unit capacities and densities established in Table 11 for each site. Rezone Sites 1-7, 9, and A-F to Mixed Use, Site 8 to R-4, and Site G to Main Street. As reflected in Table 11, Sites 1-9 are identified to accommodate a portion of the lower-income RHNA. These will be rezoned to: 4. require the minimum density identified in Table 11; 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 141 5. permit owner-occupied and rental multifamily uses by right pursuant to Government Code section 65583.2(i) for developments in which 20 percent or more of the units are affordable to lower income households; 6. allow 100 percent residential use; 7. require residential use occupy at least 50 percent of the total floor area of a mixed use project. Responsibility: Community Development Department, Planning Commission, Town Council Financing: General Fund Objectives: Rezone housing opportunity sites early in the planning period to facilitate housing at all income levels. Timeframe: Establish new districts and objective design and development standards when the Housing Element and the General Plan 2040 update are adopted. Complete rezonings by January 31, 2024. H-kk Identify Additional Housing Opportunity Sites. In compliance with the No Net Loss Law and Government Code 65863, the Town will identify new housing opportunity sites as development occurs in order to ensure the remaining sites are sufficient to accommodate the remaining RHNA at all income levels. In addition, the Town will consider rezoning other parcels appropriate for lower-income housing, particularly those outside the Downtown area such as the Cove Shopping Center and the Tiburon Baptist Church site, if the property owners indicate interest in redeveloping or adding housing to their sites. Responsibility: Community Development Department, Planning Commission, Town Council Financing: General Fund Objectives: Rezone housing opportunity sites as sites are developed and/or property owner interest is expressed. Timeframe: Complete rezonings as required by State law or within one year, whichever is applicable. H-ll Reed School Site. The Reed Union School District is currently undergoing a Master Facilities Plan which is considering developing a portion of the Reed School site with housing (Site 9 in Table 11). The Town will monitor the progress of the Master Facilities Plan and take the following actions: 1. Meet with school district staff at least quarterly beginning in 2023 to discuss progress of the Facilities Master Plan. 2. Participate in School District community meetings during the Facilities Master Plan process to encourage affordable housing on the site. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 142 3. Facilitate meetings with the School District and affordable housing developers during 2023 and 2024 to explore development concepts and feasibility. 4. If the School District makes a formal determination not to pursue housing on the site, the Town will identify and rezone sites, as necessary, to make up for any shortfall in the remaining RHNA for each income category within one year of the School District’s determination, or by May 31, 2026, whichever is later. 5. If the School District does not take any action to develop housing on the site by January 31, 2025, the Town will identify and rezone site(s), as necessary, to make up for any shortfall in the remaining RHNA for each income category by May 31, 2026. Responsibility: Community Development Department, Planning Commission, Town Council Financing: General Fund Objectives: Ensure there are sufficient available sites to accommodate the Town’s remaining RHNA. Timeframe: Take actions and complete rezonings as identified in the program above. H-mm Supportive Housing. Revise the Zoning Code to make supportive housing a permitted use in all commercial zones that allow multifamily and mixed use housing, including the Mixed Use, Neighborhood Commercial, Main Street, and Village Commercial districts, pursuant to Government Code 65651. Responsibility: Community Development Department, Planning Commission, Town Council Financing: Staff time Objectives: Ensure the Town’s Tiburon Code complies with state law. Timeframe: By January 31, 2024. H-nn Parking for Emergency Shelters. Revise the Zoning Code to specify parking requirements for emergency shelters that comply with Government Code section 65583, subdivision (a)(4)(A). Responsibility: Community Development Department, Planning Commission, Town Council Financing: Staff time Objectives: Ensure the Town’s Tiburon Code complies with state law. Timeframe: By January 31, 2024. 5.4 AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) The Housing Element must include an identification and prioritization of significant contributing factors to segregation, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs. Contributing factors are described in detail in 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 143 Appendix D and summarized below in descending order of priority, along with the Housing Element programs that address them. LACK OF FAIR HOUSING TESTING, EDUCATION, AND OUTREACH The AFFH analysis determines that the Town lacks information on fair housing law and discrimination complaint filing procedures on the Town website. Current outreach practices may not provide sufficient information related to fair housing, including federal and state fair housing law, and affordable housing opportunities. Cost burdened households may be unaware of affordable housing opportunities. The Town also lacks sufficient education and outreach related to reasonable accommodations and ADA laws. Further, while fair housing testing was conducted in the County, fair housing tests in Tiburon may be insufficient for monitoring housing discrimination. Contributing Factors • Lack of fair housing testing/monitoring • Lack of targeted outreach Housing Element Programs to Address Contributing Factors The Housing Element contains programs to provide information to residents, landlords, and prospective tenants on fair housing laws, including source of income laws, through the Town’s communication channels, including the newsletter, website, social media, counter handouts, and tabling at community events. Programs include H-b Improve Community Awareness of Housing Needs, Issues; H-q Housing Discrimination Complaints; H-r Reasonable Accommodation; H-x Rental Assistance Programs; and H-hh Outreach and Education for Accessory Dwelling Units. Program H-q also directs the Town to encourage Fair Housing Advocates of Northern California to conduct fair housing testing in Tiburon. DISPARITIES IN HOME OWNERSHIP RATES AND POTENTIAL DISCRIMINATION IN HOME SALES MARKET The AFFH analysis identifies some potential for discrimination in the home loan application process. although the race/ethnicity of nearly one-quarter of the applicants was unknown. The analysis finds that the Whites are 81.6% of the population in Tiburon, and the Hispanic/Latino, two or more races, and Asian populations make up the second, third, and fourth largest racial/ethnic populations in the Town. A majority of Asian/API, Black/African American, Hispanic/Latinx, and other/multiple race households are renter households, compared to only 29.3 percent of non-Hispanic White households. Asian and Hispanic owner-occupied households are also cost burdened at the highest rates. Contributing Factors • Lack of fair housing testing/monitoring • Availability of affordable housing Housing Element Programs to Address Contributing Factors Program H-q Housing Discrimination Complaints directs the Town to encourage Fair Housing Advocates of Northern California to conduct fair housing testing in Tiburon. The Housing Element contains several programs to increase the availability of affordable housing in Tiburon, including programs H-a Focus Town Resources on Housing Opportunity Sites; H-m Redevelopment Funding; Program H-n Work with Non-Profits on Housing; Program H-s Provisions of Affordable Housing for 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 144 Special Needs Households; Program H-ff Bonuses for Affordable Housing Projects Consistent with State Density Bonus Law; H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites; H-ee Implement Affordable Housing Overlay Zone and Inclusionary Housing Ordinances; and H-hh Outreach and Education for Accessory Dwelling Unit Development. COMMUNITY OPPOSITION TO AFFORDABLE HOUSING The AFFH analysis finds community opposition to housing development remains the number one barrier to housing development in Marin County. Community resistance to development includes concerns about traffic congestion; a desire for the preservation of open spaces; loss of local control; and the impact on schools. Resistance to affordable housing is most prevalent in White neighborhoods in Marin County. The housing opportunity sites identified in the Housing Element were extensively vetted by the community and supported by a majority of residents. Nonetheless, there was significant opposition to the proposed housing sites and densities. Contributing Factors • Availability of affordable housing in all areas of the Town • Community concern about housing densities, traffic impacts on Tiburon Boulevard, water availability, and school capacity Housing Element Programs to Address Contributing Factors The Housing Element contains several programs to increase the availability of affordable housing in Tiburon, including programs H-a Focus Town Resources on Housing Opportunity Sites; H-m Redevelopment Funding; Program H-n Work with Non-Profits on Housing; Program H-s Provisions of Affordable Housing for Special Needs Households; Program H-ff Bonuses for Affordable Housing Projects Consistent with State Density Bonus Law; H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites; H-ee Implement Affordable Housing Overlay Zone and Inclusionary Housing Ordinances; and H-hh Outreach and Education for Accessory Dwelling Unit Development. In addition, the Housing Element contains programs to foster community support for housing development including H-b Improve Community Awareness of Housing Needs, Issues, and Programs and H-c Community Outreach when Implementing Housing Element Programs. SUBSTANDARD HOUSING CONDITIONS The AFFH analysis states that 85 percent of the Town’s housing stock is older than 30 years, and 54% is over 50 years old. Although the Town’s housing stock is older, it is generally in excellent condition. Due to the high real estate value in Tiburon, properties, especially single family houses, are generally well-maintained. According to the Town’s Planning & Building department, approximately 120-150 apartments are in in need of rehabilitation, and no housing units are in need of replacement. Cost of repairs can be prohibitive, especially for low-income households. Contributing Factors • Age of housing stock • Cost of repairs or rehabilitation 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 145 Housing Element Programs to Address Contributing Factors The Housing Element contains programs to promote available rehabilitation loans to lower income households. Programs include H-v Rehabilitation Loan Programs and H-bb Link Code Enforcement with Public Information Programs on Town Standards and Rehabilitation and Energy Loan Programs. AFFH ACTION MATRIX Programs to affirmatively further fair housing are organized by Action Areas in Table 2021. These are as follows: • Enhance housing mobility strategies. • Encourage development of new affordable housing in high resource areas. • Improve place-based strategies to encourage community conservation and revitalization, including preservation of existing affordable housing. • Protect existing residents from displacement. • Conduct fair housing outreach and education 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 146 Table 23: AFFH Action Matrix Programs Specific Commitment Timeline Geographic Targeting 2023-2031 Metrics Action Area: Housing Mobility H-b Improve Community Awareness of Housing Needs, Issues, and Programs and H-w Rental Assistance Programs Provide information and promote programs and resources for affordable housing, Housing Choice vouchers, rental assistance, reasonable accommodation, and fair housing laws. Utilize the Town’s website, newsletter, social media and counter handouts. Distribute information at public locations and t homeowners’ associations, property managers and owners, and other community groups. Provide multilingual links to the California Dept. of Fair Employment and Housing’s Sources of Income Fact Sheet and FAQ and printed materials. Collaborate with at least two other organization, schools, or agencies to post handouts at their locations. Update website and distribute handouts and brochures by 2024. Dedicate one Town newsletter each year to promote housing programs and resources and educate community members on Housing Choice vouchers and fair housing laws. Town-wide Increase Housing Choice Voucher use by 20% over the course of the planning period (currently 23). Increase Town newsletter circulation by 20% (currently over 800 households). Track website traffic to dedicated webpage and revise page as necessary to increase traffic. H-hh Outreach and Education for Accessory Dwelling Unit Development Encourage and facilitate ADU and JADU development to provide additional housing opportunities throughout established neighborhoods. Take the following actions: 1. Provide information on Tiburon’s ADU standards for posting on the MarinADU website. 2. Provide ADU and JADU application checklists on the Town’s website. 3. Develop a handout on ADU standards and the application process and distribute at Town Hall. Develop new materials, update the Town’s website, and provide counter handouts by the end of 2023. Update and publicize annually thereafter. Town-wide Develop 72 new ADUs and JADUs by the end of 2030. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 147 Programs Specific Commitment Timeline Geographic Targeting 2023-2031 Metrics 4. Provide links to the California Department of Fair Employment and Housing’s Sources of Income Fact Sheet and FAQ in Town communications and printed handouts at the building counter. Provide handouts to ADU permit applicants. 5. Promote the MarinADU website in the Town’s newsletter and ADU handout, on social media, and on the Town’s website. Action Area: New Housing Opportunities in High Resource Areas H-a Focus Town Resources on Housing Opportunity Sites and H-dd Work with Non-Profits and Property Owners on Housing Opportunity Sites Focus Town resources toward the design, approval, financing, and construction of affordable housing on multifamily housing opportunity sites identified in the Tiburon Housing Element. Work with non-profits and property owners to seek opportunities for affordable housing development on key housing opportunity sites that are close to services, transit, and jobs. Require affordable units to be affirmatively marketed to communities of color and protected classes. Utilize publications, venues, and community groups that serve Black and Latinx communities, especially outside of Marin County. 1. Meet with non-profit housing developers and property owners of Sites 1-9 to identify housing development opportunities, issues, and needs during 2023. 2. Select the most viable sites during 2023 and 2024. 3. Undertake community outreach in coordination with potential developers and property owners during 2023 and 2024. 4. Complete site planning studies, continued community outreach, and regulatory approvals in coordination with the development application. 5. Facilitate development through regulatory incentives, reducing or waiving fees, fast track processing, Downtown and Reed School sites Achieve 100% of lower income units in High Resource areas. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 148 Programs Specific Commitment Timeline Geographic Targeting 2023-2031 Metrics lot consolidation, and assistance in development review. H-f Provide Home Match Services Work with home match service providers such as Home Match Marin to help match over-housed seniors with potential lower income tenants or other seniors to save on housing costs. Promote the program utilizing the Town’s website, newsletter, social media channels, and counter handouts. Update website and distribute handouts and brochures by 2024. Dedicate one Town newsletter each year to promote home match programs. Complete an average of 2 matches per year. Action Area: Place-based Strategies for Community Revitalization H-v Rehabilitation Loan Programs and H-bb Link Code Enforcement with Public Information Programs on Town Standards and Rehabilitation and Energy Loan Programs. In cooperation with the Marin Housing Authority (MHA), improve citizen awareness of rehabilitation loan programs. Utilize the Town’s website, newsletter, social media, and counter handout to publicize programs. Provide information on loan programs when conducting code enforcement. Update the Town’s website by the end of 2023 and update and publicize annually thereafter. Old Tiburon and areas where there are older single and two-family homes and condominiums. Facilitate loans for three lower- income households by the end 2030. Prioritize Infrastructure Improvements in Downtown Prioritize infrastructure projects in the Downtown that encourage walking, bicycling, and transit use including sidewalks, crosswalks, bicycle lanes, bicycle storage, bus shelters, safety improvements, public transit and ferry schedule enhancements, and Safe Routes to School projects that connect the Downtown to local schools. Annually beginning in 2024 Downtown Implement projects identified the Town’s Bicycle and Pedestrian Plan, Climate Action Plan, and Capital Improvement Plan. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 149 Programs Specific Commitment Timeline Geographic Targeting 2023-2031 Metrics Action Area: Tenant Protections and Anti-Displacement H-aa Tenant Protection Strategies Work with the County of Marin and other Marin jurisdictions to explore strategies that protect tenants from rapidly rising rents and displacement. These may include:  Rent stabilization  Just cause for eviction  Local relocation assistance  Right to Purchase  Right to Return  Tenant Bill of Rights Explore options with Marin jurisdictions in 2024 and bring forward for Council direction, including possible ordinance adoption, in 2025. Town-wide Ordinance adoption Anti-Displacement Measures for Small Businesses Provide targeted outreach to small businesses located on redeveloping properties. Aid small businesses that are displaced by assisting in the search for available areas to relocate in the Town. Ongoing; triggered when a project application is received Downtown Retain local businesses and jobs to result in no net loss in jobs. Action Area: Fair Housing Outreach and Enforcement H-b Improve Community Awareness of Housing Needs, Issues, and Programs Provide information and promote programs on fair housing laws. Utilize the Town’s website, newsletter, counter handouts and distribute information at public locations and to homeowners’ associations, property managers and owners, and other community groups. Update website and distribute handouts and brochures by 2024. Dedicate one Town newsletter each year to promote housing programs and resources and educate community members on fair housing laws. Town-wide Increase Town newsletter circulation by 10% (currently over 800 households). H-q Housing Discrimination Complaints Post information on the housing discriminatio referral process on the Town’s website. Encourage Fair Housing Advocates of Northern California (FHANC) to conduct fair housing testing in Tiburon. Reach out to FHANC by the end of 2023 and encourage them to conduct fair housing testing in Tiburon. Town-wide FHANC conducts biennial fair housing testing in Tiburon. Town receives annual report from FHANC describing fair housing testing actions. 5.0 GOALS, POLICIES, AND PROGRAMS Draft Town of Tiburon Housing Element | 150 Programs Specific Commitment Timeline Geographic Targeting 2023-2031 Metrics H-r Reasonable Accommodation Post information on the Town’s website regarding reasonable accommodation procedures and instructions for submitting accommodation requests. Post information by the end of 2023. Town-wide 10% increase in the number of reasonable accommodation requests. H-x Rental Assistance Programs Publicize and participate in rental assistance programs such as Section 8 Housing Choice Vouchers in coordination with the Marin Hous Authority (MHA). Utilize the Town’s website, newsletter, social media, and handouts to publicize programs. Provide multilingual links to the California Dept. of Fair Employment and Housing’s Sources of Income Fact Sheet and FAQ and printed materials. Collaborate with at least two other organization, schools, or agencies to post handouts at their locations. Update website and distribute handouts and brochures by 2024. Dedicate one Town newsletter each year to promote Housing Choice vouchers and educate community members on fair housing laws. Town-wide Increase Housing Choice Voucher use by 20% over the course of the planning period (currently 23). H-hh Outreach and Education for Accessory Dwelling Units Educate landlords and tenants on fair housing laws related to ADUs. Provide links to the California Dept. of Fair Employment and Housing’s Sources of Income Fact Sheet and FAQ in Town communications and printed handouts at the building counter. Update the Town’s website and provide counter handouts by the end of 2023. Update and publicize annually thereafter. Town-wide Develop 72 new ADUs and JADUs by the end of 2030. Draft Town of Tiburon Housing Element | A-1 APPENDIX A: PUBLIC OUTREACH Town of Tiburon Housing Element | B-1 APPENDIX B: EVALUATION OF 2015-2023 HOUSING ELEMENT PROGRAMS Draft Town of Tiburon Housing Element | C-1 APPENDIX C: DETAILED SINGLE FAMILY HOME SITE INVENTORY Address APN Lot size (acre) Zoning GP Des. Existing Units New Unit Capacity Environmental Constraints 47 VIA LOS ALTOS 034-330-01 0.50 RPD M 0 4 WUI 4944 RANCH RD 038-041-38 0.50 RO-2 M 0 4 Flood Hazard Area, WUI 4755 PARADISE DR 038-091-29 0.50 RO-1 ML 0 4 WUI 70 PARENTE RD 038-091-39 1.70 RO-1 ML 0 4 WUI 8 Parente Vista Lane 038-111-36 8.10 RPD PDR 0 4 WUI 4725 PARADISE DR 038-121-04 1.00 RO-1 ML 0 4 WUI 4565 PARADISE DR 038-141-17 1.00 RO-1 ML 0 4 WUI OLD LANDING RD 038-162-44 2.50 RO-1 ML 0 4 WUI 4576 Paradise Dr 038-142-02 9.58 RPD PDR 2 7 Flood Hazard Area, WUI 3 VIA CAPISTRANO 038-311-05 0.40 RO-2 M 0 4 WUI 8 VIA ELVERANO 038-410-09 0.50 RPD M 0 4 WUI 31 HACIENDA DR 039-012-23 1.00 RO-1 ML 0 4 WUI 3805 PARADISE DR 039-021-07 1.00 RPD L 0 4 WUI 3825 PARADISE DR (Rabin) 039-021-13 31.00 RPD PDR 1 11 WUI 1 Trestle Glen Cir 039-061-92 4.79 RPD PDR 0 1 WUI 5 ACACIA DR 039-121-15 1.00 RO-1 ML 0 4 WUI 12 Midden Lane 039-151-65 1.40 RO-1 ML 0 4 WUI 12 Midden Lane 039-151-66 1.10 RO-1 ML 0 4 WUI 197 GILMARTIN Dr 039-161-37 1.30 RDP M 0 4 WUI 2 GILMARTIN Dr 039-171-08 0.38 RO-1 M 0 4 WUI 210 GILMARTIN DR 039-171-23 2.40 RPD M 0 4 WUI 255 ROUND HILL Rd 039-202-04 0.44 RO-2 M 0 4 WUI PARADISE Dr (Tiburon Glen) 039-241-01 26.00 RPD PDR 0 8 WUI 12 VIA PARAISO EAST 039-290-46 1.10 RPD ML 0 4 WUI 3875 PARADISE Dr (SODA) 039-301-01 21.00 RPD PDR 0 8 WUI 805 STONY HILL Rd 055-252-12 0.80 RPD M 0 4 WUI 11 GILMARTIN Dr 055-253-17 0.39 R-1 MH 0 4 WUI STONY HILL Rd (Ling) 055-261-34 5.30 RPD PDR 0 4 WUI Draft Town of Tiburon Housing Element | C-2 8 ROLLING HILLS RD 058-111-24 1.00 RO-2 M 0 4 WUI 100 MT TIBURON CT 058-261-36 1.00 RO-1 ML 0 4 WUI 130 LYFORD DR 058-272-01 0.35 RO-2 M 0 4 WUI 3 HEATHCLIFF DR 058-281-08 0.37 RO-2 M 0 4 WUI 26 VENADO DR 058-321-08 0.60 RO-2 M 0 4 WUI 107 MT TIBURON RD 058-351-23 1.30 RO-1 ML 0 4 WUI 619 RIDGE RD 059-013-07 0.50 RO-2 M 0 4 WUI 2225 VISTAZO EAST ST 059-091-55 1.00 RO-2 M 0 4 WUI 2235 VISTAZO EAST ST 059-091-56 1.00 RO-2 M 0 4 WUI 1911 MAR WEST ST 059-121-36 0.14 R-2 H 0 2 WUI 1894 Centro West Dr 059-121-48 0.20 R-2 H 0 1 WUI 2 RESERVA LN 059-122-47 0.30 R-2 H 0 1 WUI 2224 VISTAZO EAST ST 059-141-07 0.18 R-1 MH 0 4 WUI 2360 MAR EAST ST 059-195-24 0.33 R-2 H 0 2 WUI 2359 PARADISE DR 059-201-52 0.17 R-2 H 0 1 WUI TOTAL 174 Draft Town of Tiburon Housing Element | D-1 APPENDIX D: AFFIRMATIVELY FURTHERING FAIR HOUSING Draft Town of Tiburon Housing Element | D-1 APPENDIX E: PUBLIC COMMENT LETTERS Draft Town of Tiburon Housing Element | E-1 EXHIBIT 4 Dr a f t  To w n  of  Ti b u r o n  Housing  Element   | B ‐2   Ev a l u a t i o n  of  20 1 5 ‐20 2 3  Ho u s i n g  El e m e n t  Pr o g r a m s   Pr o g r a m  Ti t l e     Ob j e c t i v e      Ac h i e v e m e n t s / E v a l u a t i o n     Continue, Modify  or  Delete   H ‐a     Fo c u s  To w n  Re s o u r c e s  on  Ke y  Ho u s i n g  Si t e s .  Fo c u s   To w n ‐co n t r o l l e d  re s o u r c e s  to w a r d  th e  de s i g n ,  ap p r o v a l ,   fi n a n c i n g ,  an d  co n s t r u c t i o n  of  ho u s i n g ,  es p e c i a l l y   af f o r d a b l e  ho u s i n g ,  on  ke y  si t e s  id e n t i f i e d  in  th e  Ti b u r o n   Ho u s i n g  El e m e n t .    Co n s t r u c t i o n  of  ho u s i n g  on   on e  or  mo r e  of  th e   ho u s i n g  op p o r t u n i t y  si t e s .   No t  su c c e s s f u l .  Th e r e  wa s  no  de v e l o p m e n t  of  a  new   af f o r d a b l e  ho u s i n g  pr o j e c t .    Th e  To w n ’ s  av a i l a b l e   fu n d i n g  re s o u r c e s  (i n ‐li e u  fe e s  an d  se t ‐as i d e  funds)  ar e  in  pl a c e  an d  av a i l a b l e  fo r  us e .  As  of  Ma y  2022,  th e  Lo w  & Mo d e r a t e  In c o m e  Ho u s i n g  Fu n d  had  an   es t i m a t e d  ba l a n c e  of  $1 . 2  mi l l i o n .  Th e  To w n  has   si g n i f i c a n t l y  in c r e a s e d  al l o w a b l e  ho u s i n g  densities  on   mi x e d  us e  si t e s  in  th e  do w n t o w n ,  wh i c h  wi l l  make  it   ec o n o m i c a l l y  fe a s i b l e  to  re d e v e l o p  co m m e r c i a l   pr o p e r t i e s  wi t h  ho u s i n g  an d  mi x e d  us e .  Th i s  will   fa c i l i t a t e  de v e l o p m e n t  of  ho u s i n g  fo r  sm a l l e r   ho u s e h o l d s  in c l u d i n g  th e  el d e r l y ,  pe r s o n s  with   di s a b i l i t i e s ,  an d  fe m a l e ‐he a d e d  ho u s e h o l d s ,  It  will   al s o  in c r e a s e  th e  av a i l a b i l i t y  of  si n g l e ‐fa m i l y  homes   th a t  ar e  ap p r o p r i a t e  fo r  la r g e  ho u s e h o l d s  as  senior   ho m e o w n e r s  in  Ti b u r o n  ha v e  ex p r e s s e d  a  desire  to   do w n s i z e  bu t  re m a i n  in  to w n  an d  li v e  in  a  more   wa l k a b l e  lo c a t i o n .     Continue  based  on  sites  list  from  2023 ‐2031  Element.Delete  program  as  it  is  repetitive  of  other  programs  such  as  H ‐j, H ‐k, H ‐l, H ‐r, and  H ‐z.  H ‐b      Im p r o v e  Co m m u n i t y  Aw a r e n e s s  of  Ho u s i n g  Ne e d s ,   Is s u e s ,  an d  Pr o g r a m s .    Th e  To w n  wi l l  pr o m o t e  th e   av a i l a b i l i t y  of  Ma r i n  Co u n t y  pr o g r a m s  fo r  ho u s i n g   co n s t r u c t i o n ,  ho m e b u y e r  as s i s t a n c e ,  re n t a l  as s i s t a n c e ,   Ma r i n  Ho u s i n g  Au t h o r i t y  in f o r m a t i o n ,  co d e  en f o r c e m e n t ,   in f o r m a t i o n  ab o u t  af f o r d a b l e  ho u s i n g ,  fa i r  ho u s i n g  an d   ho u s i n g  re h a b i l i t a t i o n  th r o u g h  th e  fo l l o w i n g  me a n s :     (a ) Ma i n t a i n  a  li n k  on  th e  To w n ’ s  we b s i t e  th a t   de s c r i b e s  ho u s i n g  pr o g r a m s  an d  pr o v i d e s  di r e c t   li n k s  to  Co u n t y  ag e n c i e s  th a t  ad m i n i s t e r  th e   pr o g r a m s .   Ob t a i n  an d  di s t r i b u t e   ma t e r i a l s ;  co o r d i n a t e  wi t h   ot h e r  or g a n i z a t i o n s .      Su c c e s s f u l .  A  li n k  to  th e  Ma r i n  Ho u s i n g  Au t h o r i t y   we b s i t e  ha s  be e n  cr e a t e d ;  in f o r m a t i o n a l  ho u s i n g ‐ re l a t e d  ha n d o u t s  ar e  ke p t  at  th e  pu b l i c  co u n t e r ;   se l e c t e d  To w n  st a f f  ha s  be e n  tr a i n e d  to  pr o v i d e   re f e r r a l  in f o r m a t i o n ;  on ‐go i n g  co l l a b o r a t i o n  with   Co u n t y  Ho u s i n g  Au t h o r i t y  an d  EA H  on  po t e n t i a l   ho u s i n g  pr o j e c t s ;  ho u s i n g ‐re l a t e d  ma t e r i a l s   di s t r i b u t e d  at  an n u a l  ho m e o w n e r  as s o c i a t i o n   su m m i t .    Th e  To w n  co l l a b o r a t e d  wi t h  ot h e r  Ma r i n  lo c a l   go v e r n m e n t  to  pr o v i d e  re s o u r c e s  an d  ed u c a t i o n  Continue   Dr a f t  To w n  of  Ti b u r o n  Housing  Element   | B ‐3   (b ) In c l u d e  co n t a c t  in f o r m a t i o n  on  Co u n t y   pr o g r a m s  in  To w n  ne w s l e t t e r s  an d  ot h e r   ge n e r a l  co m m u n i c a t i o n s  th a t  ar e  se n t  to   re s i d e n t s .    (c ) Ma i n t a i n  in f o r m a t i o n  an d  ha n d o u t s  at  th e   To w n ’ s  pu b l i c  co u n t e r .   (d ) Tr a i n  se l e c t e d  To w n  st a f f  to  pr o v i d e  re f e r r a l s .   (e ) Di s t r i b u t e  in f o r m a t i o n  on  pr o g r a m s  at  pu b l i c   lo c a t i o n s  (l i b r a r y ,  sc h o o l s ) .   (f ) Co l l a b o r a t e  wi t h  ot h e r  ag e n c i e s  (C o u n t y  of   Ma r i n ,  Ti b u r o n  Ec u m e n i c a l  As s o c i a t i o n ,  Ma r i n   Ho u s i n g  Au t h o r i t y ,  Ro t a r y ,  Ch a m b e r  of   Co m m e r c e ,  Ec u m e n i c a l  As s o c i a t i o n  fo r  Ho u s i n g ,   Ho u s i n g  Co u n c i l )  to  pr e p a r e  pr e s e n t a t i o n s  an d   di s t r i b u t e  in f o r m a t i o n a l  ma t e r i a l s  to  im p r o v e   aw a r e n e s s  of  ho u s i n g  ne e d s ,  is s u e s  an d   av a i l a b l e  ho u s i n g  pr o g r a m s .   (g ) Di s t r i b u t e  ma t e r i a l s  to  ne i g h b o r h o o d  gr o u p s ,   ho m e o w n e r  as s o c i a t i o n s ,  re l i g i o u s  in s t i t u t i o n s ,   bu s i n e s s e s ,  an d  ot h e r  in t e r e s t e d  gr o u p s  (R o t a r y ,   Ch a m b e r  of  Co m m e r c e ,  et c . )  in  th e  Ti b u r o n   ar e a .     ma t e r i a l s  to  fa c i l i t a t e  bu i l d i n g ,  pe r m i t t i n g ,  and   re n t i n g  se c o n d  un i t s .  Th e y  cr e a t e d  a  we b s i t e  at   ad u m a r i n . o r g  th a t  pr o v i d e s  ca s e  st u d i e s ,  fl o o r  plans,  a  ca l c u l a t o r  to  es t i m a t e  co n s t r u c t i o n  co s t s ,   in f o r m a t i o n  on  pl a n n i n g ,  de s i g n i n g ,  an d  co n s t r u c t i n g   an d  AD U ,  an d  re s o u r c e s  on  be i n g  a  la n d l o r d ,  from   se t t i n g  a  re n t  pr i c e  to  co m p l y i n g  wi t h  fa i r  housing   la w s .     H ‐c.  Co m m u n i t y  Ou t r e a c h  Wh e n  Im p l e m e n t i n g  Ho u s i n g   El e m e n t  Pr o g r a m s .  Co o r d i n a t e  wi t h  lo c a l  bu s i n e s s e s ,   ho u s i n g  ad v o c a c y  gr o u p s ,  ne i g h b o r h o o d  gr o u p s ,  an d  th e   Ch a m b e r  of  Co m m e r c e  an d  pa r t i c i p a t e  in  th e  Ma r i n   Co n s o r t i u m  fo r  Wo r k f o r c e  Ho u s i n g  in  bu i l d i n g  pu b l i c   un d e r s t a n d i n g  an d  su p p o r t  fo r  wo r k f o r c e ,  sp e c i a l  ne e d s   ho u s i n g  an d  ot h e r  is s u e s  re l a t e d  to  ho u s i n g ,  in c l u d i n g   th e  co m m u n i t y  be n e f i t s  of  af f o r d a b l e  ho u s i n g ,  mi x e d  us e   an d  pe d e s t r i a n ‐or i e n t e d  de v e l o p m e n t .  Th e  To w n  wi l l   no t i f y  a  br o a d  re p r e s e n t a t i o n  of  th e  co m m u n i t y  wh e n   ho u s i n g  pr o g r a m s  ar e  di s c u s s e d  by  th e  Pl a n n i n g   Co m m i s s i o n  or  To w n  Co u n c i l .  Sp e c i f i c  ac t i o n s  sh o u l d  be   li n k e d  to  th e  pr e p a r a t i o n  an d  di s t r i b u t i o n  of  ma t e r i a l s  as   id e n t i f i e d  in  Pr o g r a m  H ‐b.  Sp e c i f i c  ou t r e a c h  ac t i v i t i e s   in c l u d e :    Un d e r t a k e  ou t r e a c h   an n u a l l y  an d  fo r  ea c h   Ho u s i n g  El e m e n t  pr o g r a m   pe r  th e  sc h e d u l e  fo r  th e   im p l e m e n t i n g  pr o g r a m s   co n t a i n e d  in  th e  Ho u s i n g   El e m e n t .   Su c c e s s f u l .  Th e  To w n  co n d u c t e d  pu b l i c  he a r i n g s ,   pu b l i s h e d  no t i c e s  in  th e  lo c a l  pa p e r ,  po s t e d  notices   at  To w n  Ha l l  an d  on  th e  To w n ’ s  we b s i t e ,  an d  sent   no t i c e s  to  al l  in t e r e s t e d  pa r t i e s  wh e n  co n s i d e r i n g  and   ad o p t i n g  or d i n a n c e s  to  im p l e m e n t  ho u s i n g  element   pr o g r a m s .    Th e  To w n  up d a t e d  it s  Ac c e s s o r y  Dw e l l i n g  Unit   Or d i n a n c e  in  20 1 6 ,  20 2 0 ,  an d  20 2 2  to  be  co n s i s t e n t   wi t h  ch a n g e s  in  St a t e  la w .  Th e  To w n  al s o  updated   in f o r m a t i o n a l  an d  ap p l i c a t i o n  fo r m s  fo r  Ac c e s s o r y   Dw e l l i n g  Un i t s  (A D U )  an d  Ju n i o r  Ac c e s s o r y  Dwelling   Un i t s  (J A D U )  an d  ad d e d  “q u i c k  ch e c k l i s t s ”  to  enable   ow n e r s  to  de t e r m i n e  if  th e i r  pr o p e r t y  wa s  eligible  for   ei t h e r  ty p e  of  un i t .    Continue   Dr a f t  To w n  of  Ti b u r o n  Housing  Element   | B ‐4   (a ) Ma i n t a i n  th e  Ho u s i n g  El e m e n t  ma i l i n g  li s t  an d   se n d  pu b l i c  he a r i n g  no t i c e s  to  al l  in t e r e s t e d   pu b l i c ,  no n ‐pr o f i t  ag e n c i e s  an d  af f e c t e d   pr o p e r t y  ow n e r s .   (b ) Po s t  no t i c e s  at  To w n  Ha l l ,  th e  li b r a r y ,  an d  th e   po s t  of f i c e .   (c ) Pu b l i s h  no t i c e s  in  th e  lo c a l  ne w s p a p e r .    (d ) Po s t  in f o r m a t i o n  on  th e  To w n ’ s  we b s i t e .    (e ) Co n d u c t  ou t r e a c h  (w o r k s h o p s ,  ne i g h b o r h o o d   me e t i n g s )  to  th e  co m m u n i t y  as  Ho u s i n g  El e m e n t   pr o g r a m s  ar e  im p l e m e n t e d .    (f ) Pr o v i d e  an  in f o r m a t i o n a l  gu i d e  to  ho m e o w n e r s   ex p l a i n i n g  th e  be n e f i t s ,  “b e s t  pr a c t i c e s ”  an d   pr o c e d u r e s  fo r  ad d i n g  or  le g a l i z i n g  a  se c o n d a r y   dw e l l i n g  un i t .      Th e  To w n  co l l a b o r a t e d  wi t h  ot h e r  Ma r i n  lo c a l   go v e r n m e n t  to  pr o v i d e  re s o u r c e s  an d  ed u c a t i o n   ma t e r i a l s  to  fa c i l i t a t e  bu i l d i n g ,  pe r m i t t i n g ,  and   re n t i n g  se c o n d  un i t s .  Th e y  cr e a t e d  a  we b s i t e  at   ad u m a r i n . o r g  th a t  pr o v i d e s  ca s e  st u d i e s ,  fl o o r  plans,  a  ca l c u l a t o r  to  es t i m a t e  co n s t r u c t i o n  co s t s ,   in f o r m a t i o n  on  pl a n n i n g ,  de s i g n i n g ,  an d  co n s t r u c t i n g   an d  AD U ,  an d  re s o u r c e s  on  be i n g  a  la n d l o r d ,  from   se t t i n g  a  re n t  pr i c e  to  co m p l y i n g  wi t h  fa i r  housing   la w s .     H ‐d      Fo s t e r  Me a n i n g f u l  As s i s t a n c e  fr o m  Ot h e r  Ag e n c i e s .  To w n  st a f f  wi l l  me e t  an d  wo r k  wi t h  ot h e r  pu b l i c  ag e n c i e s   an d  sp e c i a l  di s t r i c t s  (w a t e r ,  fi r e ,  sc h o o l s ,  sa n i t a r y   di s t r i c t s ,  et c . )  to  pr o m o t e  af f o r d a b l e  ho u s i n g  th r o u g h  th e   pr o v i s i o n  of  fe e  wa i v e r s ,  fe e  re d u c t i o n s ,  de v e l o p m e n t  of   pr o p e r t y ,  or  ot h e r  as s i s t a n c e  fo r  af f o r d a b l e  ho u s i n g   pr o j e c t s .  In  ad d i t i o n ,  pa r t i c i p a t e  in  on g o i n g  re g i o n a l   pl a n n i n g  ac t i v i t i e s  re l a t e d  to  ho u s i n g  an d  th e  Su s t a i n a b l e   Co m m u n i t i e s  in i t i a t i v e .      As s i s t a n c e  an d  in c e n t i v e s   fo r  af f o r d a b l e  ho u s i n g .   Su c c e s s f u l .  Co n s i s t e n t  wi t h  st a t e  la w ,  th e  Town  does   no t  ch a r g e  im p a c t  fe e s  (e . g . ,  tr a f f i c  im p a c t  fees) for   AD U s  th a t  ar e  le s s  th a n  75 0  SF .  In  20 1 7 ,  st a t e   le g i s l a t i o n  we n t  in t o  ef f e c t  th a t  pr e v e n t s  sp e c i a l   di s t r i c t s  fr o m  ch a r g i n g  fe e s  fo r  ju n i o r  ac c e s s o r y   dw e l l i n g  un i t s  an d  ce r t a i n  ty p e s  of  ac c e s s o r y  dwelling   un i t s .   Continue   H ‐e      Co n d u c t  Ou t r e a c h  fo r  De v e l o p m e n t a l l y  Di s a b l e d   Ho u s i n g  an d  Se r v i c e s .   Wo r k  wi t h  th e  Go l d e n  Ga t e  Re g i o n a l  Ce n t e r  to   im p l e m e n t  an  ou t r e a c h  pr o g r a m  th a t  in f o r m s  fa m i l i e s   wi t h i n  Ti b u r o n  on  ho u s i n g  an d  se r v i c e s  av a i l a b l e  fo r   pe r s o n s  wi t h  de v e l o p m e n t a l  di s a b i l i t i e s .  Pr o v i d e   in f o r m a t i o n  on  se r v i c e s  on  th e  To w n ’ s  we b s i t e  an d   di s t r i b u t e  br o c h u r e s  su p p l i e d  by  th e  se r v i c e  pr o v i d e r s .   Su p p o r t  pr o g r a m s  to   ad d r e s s  ne e d s  of  th e   de v e l o p m e n t a l l y  di s a b l e d .   Pa r t i a l l y  Co m p l e t e d .  In  20 1 6 ,  a  li n k  to  th e  Golden   Ga t e  Re g i o n a l  Ce n t e r  wa s  ad d e d  to  th e  To w n ’ s   we b s i t e .   Continue . Provide  specific  implementation  actions  and  timeline  to  ensure  program  is  completed.  H ‐f         Co o r d i n a t e  wi t h  Wa t e r  an d  Se w e r  Pr o v i d e r s .  As   re q u i r e d  by  St a t e  la w ,  th e  To w n  wi l l  pr o v i d e  a  co p y  of   th e  ad o p t e d  ho u s i n g  el e m e n t  up d a t e  to  wa t e r  an d  se w e r   pr o v i d e r s ,  in c l u d i n g  th e  Ma r i n  Mu n i c i p a l  Wa t e r  Di s t r i c t ,   Pr o v i d e  co p y  of  Ho u s i n g   El e m e n t  Up d a t e  to  wa t e r   an d  se w e r  pr o v i d e r s .   Su c c e s s f u l .  Th e  To w n  pr o v i d e d  a  co p y  of  th e  housing   el e m e n t  to  al l  wa t e r  an d  se w e r  pr o v i d e r s  within  15   da y s  of  ad o p t i o n .   Continue   Dr a f t  To w n  of  Ti b u r o n  Housing  Element   | B ‐5   Sa n i t a r y  Di s t r i c t  Nu m b e r  5  of  Ma r i n  Co u n t y ,  Ri c h a r d s o n   Ba y  Sa n i t a r y  Di s t r i c t ,  an d  Sa n i t a r y  Di s t r i c t  Nu m b e r  2  of   Ma r i n  Co u n t y .      Th e  To w n  wi l l  al s o  pr o v i d e  a  su m m a r y   an d  qu a n t i f i c a t i o n  of  Ti b u r o n ’ s  re g i o n a l  ho u s i n g  ne e d   al l o c a t i o n .   H ‐g    Re v i e w  th e  Ho u s i n g  El e m e n t  An n u a l l y .  As   re q u i r e d  by  St a t e  la w ,  th e  To w n  wi l l  re v i e w  th e  st a t u s  of   Ho u s i n g  El e m e n t  pr o g r a m s  an d  su b m i t  a  pr o g r e s s  re p o r t   to  th e  St a t e  De p a r t m e n t  of  Ho u s i n g  an d  Co m m u n i t y   De v e l o p m e n t  an d  th e  Go v e r n o r ’ s  Of f i c e  of  Pl a n n i n g  an d   Re s e a r c h  by  Ap r i l  1s t .       An n u a l  re v i e w  of  Ho u s i n g   El e m e n t  im p l e m e n t a t i o n   pr o g r e s s ;  su b m i t t a l  of   ap p r o v e d  fo r m  to  HC D .     Pa r t i a l l y  co m p l e t e d .  Th e  To w n  Co u n c i l  re v i e w e d  the   Ho u s i n g  El e m e n t  pr o g r a m s  an d  th e  To w n  submitted   th e  An n u a l  Pr o g r e s s  Re p o r t  to  HC D  fo r  ye a r s  2016 ‐ 20 1 9 .    Continue   H ‐h   Up d a t e  th e  Ho u s i n g  El e m e n t .  Up d a t e  th e   Ti b u r o n  Ho u s i n g  El e m e n t  to  be  co n s i s t e n t  wi t h  St a t e  la w   re q u i r e m e n t s .      Up d a t e  an d  ad o p t  ho u s i n g   el e m e n t  in  co m p l i a n c e   wi t h  St a t e ‐ma n d a t e d  du e   da t e .     In  pr o g r e s s .  Ho u s i n g  El e m e n t  fo r  20 2 3 ‐20 3 1  planning   pe r i o d  wi l l  be  su b m i t t e d  to  HC D  pr i o r  to  th e  due  date   of  Ja n u a r y  30 ,  20 2 3 .   Continue.     H ‐i   Re d e v e l o p m e n t  Ag e n c y  (T o w n  of  Ti b u r o n  as   Su c c e s s o r  Ag e n c y ) .  In  co n j u n c t i o n  wi t h  th e  Ma r i n   Ho u s i n g  Au t h o r i t y ,  us e  re m a i n i n g  ho u s i n g  se t ‐as i d e   fu n d s  to  me e t  ex i s t i n g  af f o r d a b l e  ho u s i n g  ob l i g a t i o n s   an d ,  on c e  th o s e  ar e  me t ,  ex p e n d  th e  fu n d s  so l e l y  fo r  th e   pr o v i s i o n  of  af f o r d a b l e  ho u s i n g  in  Ti b u r o n  co n s i s t e n t   wi t h  th e  Ti b u r o n  Ge n e r a l  Pl a n .       Me e t  ex i s t i n g  af f o r d a b l e   ho u s i n g  ob l i g a t i o n s  an d   fa c i l i t a t e  th e  de v e l o p m e n t   of  ad d i t i o n a l  af f o r d a b l e   ho u s i n g .   Su c c e s s f u l .  To w n  st a f f  co m m u n i c a t e s  at  le a s t   an n u a l l y  wi t h  Ho u s i n g  Au t h o r i t y  st a f f  re g a r d i n g   po t e n t i a l  af f o r d a b l e  ho u s i n g  pr o j e c t s  an d  the   co n t i n u i n g  av a i l a b i l i t y  of  se t ‐as i d e  fu n d s  fo r  this   pu r p o s e .     H ‐j   Ap p l y  fo r  St a t e  Fu n d s  fo r  Af f o r d a b l e  Ho u s i n g .   Ap p l y  fo r  St a t e  af f o r d a b l e  ho u s i n g  fu n d s  in c l u d i n g ,  bu t   no t  li m i t e d  to ,  th e  Mu l t i f a m i l y  Ho u s i n g  Pr o g r a m ,  th e  Ca l ‐ Ho m e  Pr o g r a m ,  an d  th e  Ho m e b u y e r ’ s  Do w n ‐pa y m e n t   As s i s t a n c e  Pr o g r a m .    Co m m i t  th e s e  fu n d s  to  on e  or  mo r e   pr o j e c t s  lo c a t e d  on  de s i g n a t e d  ho u s i n g  si t e s  as  sh o w n  in   th e  To w n ’ s  Ho u s i n g  El e m e n t ,  to  pr o j e c t s  ta r g e t e d  fo r   pe r s o n s  wi t h  di s a b i l i t i e s ,  in c l u d i n g  pe r s o n s  wi t h   de v e l o p m e n t a l  di s a b i l i t i e s ,  an d  to  pr o j e c t s  ta r g e t e d  to   ex t r e m e l y ‐lo w  in c o m e  ho u s e h o l d s .   De v e l o p  fu n d i n g  so u r c e s   fo r  af f o r d a b l e  ho u s i n g .     No t  co m p l e t e d .  Th i s  ac t i o n  wa s  no t  un d e r t a k e n  due   to  th e  la c k  of  af f o r d a b l e  ho u s i n g  pr o j e c t s  fo r  which  to   ta r g e t  gr a n t  fu n d s .    Continue. Delete  references  to  specific  programs.  Dr a f t  To w n  of  Ti b u r o n  Housing  Element   | B ‐6    H ‐k   Ap p l y  fo r  an d  Ut i l i z e  Lo c a l  Fu n d s  fo r  Af f o r d a b l e   Ho u s i n g .  Po t e n t i a l  so u r c e s  of  fu n d s  co u l d  in c l u d e ,  bu t   wo u l d  no t  be  li m i t e d  to :   (a ) Ma r i n  Wo r k f o r c e  Ho u s i n g  Tr u s t   (b ) Ma r i n  Co m m u n i t y  Fo u n d a t i o n   (c ) Fe d e r a l  Gr a n t s   (d ) Tr a n s p o r t a t i o n  Au t h o r i t y  of  Ma r i n   (e ) Vo l u n t a r y  do n a t i o n s  (s u c h  as  be q u e a t h s ,  tr u s t s ,   do n a t i o n s  of  la n d  an d  bu i l d i n g s ,  et c . ) .   (f ) Af f o r d a b l e  Ho u s i n g  Im p a c t  Fe e  on  la r g e r  si n g l e ‐ fa m i l y  ho m e s .    (S i z e  to  be  de t e r m i n e d  — fo r   ex a m p l e ,  Ma r i n  Co u n t y  ha s  a  sl i d i n g  sc a l e   ho u s i n g  im p a c t  fe e  on  ho m e s  ov e r  2, 0 0 0  sq u a r e   fe e t  in  si z e ) .   (g ) In t e r ‐Ju r i s d i c t i o n a l  Ho u s i n g  Tr u s t  Fu n d  (w i t h   Be l v e d e r e  an d  Ma r i n  Co u n t y )  th a t  co u l d  in c l u d e   ho u s i n g  im p a c t  fe e s ,  in ‐li e u  fe e s ,  co ‐fu n d i n g  on e   ne x u s  st u d y  fo r  a  ho u s i n g  im p a c t ,  an d  th e   ac c u m u l a t i o n  of  an y  ot h e r  ho u s i n g ‐re l a t e d   mo n i e s  fo r  us e  in  a  mu t u a l l y  be n e f i c i a l  wa y  to   me e t  ea c h  ju r i s d i c t i o n ' s  RH N A  th r o u g h  a   co m b i n a t i o n  of  co n t r i b u t i o n s  to  th e  Fu n d  an d   un i t s  cr e a t e d .     Ac c u m u l a t i o n  of  fu n d s  fo r   af f o r d a b l e  ho u s i n g .   No t  co m p l e t e d .  Th i s  ac t i o n  wa s  no t  un d e r t a k e n  due   to  th e  la c k  of  sp e c i f i c  af f o r d a b l e  ho u s i n g  pr o j e c t s  for   wh i c h  to  so l i c i t  do n a t i o n s  an d  ta r g e t  su c h  funds. The   af f o r d a b l e  ho u s i n g  im p a c t  fe e  an d  in t e r ‐ju r i s d i c t i o n a l   ho u s i n g  tr u s t  fu n d  we r e  no t  pu r s u e d  du e  to  staff   av a i l a b i l i t y  an d  wo r k ‐lo a d .   Continue. Update  funding  sources.  H ‐l   Wo r k  wi t h  No n ‐Pr o f i t s  on  Ho u s i n g .    Th e  To w n   wi l l  wo r k  wi t h  no n ‐pr o f i t s  to  as s i s t  in  ac h i e v i n g  th e   To w n ’ s  ho u s i n g  go a l s  an d  im p l e m e n t i n g  pr o g r a m s .   Co o r d i n a t i o n  sh o u l d  oc c u r  on  an  on g o i n g  ba s i s ,  an d  as   sp e c i a l  op p o r t u n i t i e s  ar i s e  re l a t e d  to  sp e c i f i c  ho u s i n g   si t e s  an d  as  th e  Ho u s i n g  El e m e n t  is  im p l e m e n t e d .  Th e   To w n  wi l l  re a c h  ou t  to  de v e l o p e r s  of  su p p o r t i v e  ho u s i n g   to  en c o u r a g e  de v e l o p m e n t  of  pr o j e c t s  ta r g e t e d  fo r   pe r s o n s  wi t h  di s a b i l i t i e s ,  in c l u d i n g  de v e l o p m e n t a l   di s a b i l i t i e s .  Th e  To w n  wi l l  al s o  re a c h  ou t  to  de v e l o p e r s  of   af f o r d a b l e  ho u s i n g  fo r  ex t r e m e l y ‐lo w  in c o m e   ho u s e h o l d s .     On g o i n g  wo r k i n g   re l a t i o n s h i p  wi t h  no n ‐ pr o f i t  ho u s i n g  sp o n s o r s .   Pa r t i a l l y  su c c e s s f u l .  In  20 1 8 ,  To w n  st a f f  me t  on   se v e r a l  oc c a s i o n s  wi t h  st a f f  fr o m  EA H  re g a r d i n g  one   of  th e  To w n ’ s  id e n t i f i e d  af f o r d a b l e  ho u s i n g   op p o r t u n i t y  si t e s  an d  op p o r t u n i t i e s  fo r  an  affordable   ho u s i n g  pr o j e c t  at  th a t  si t e .  Th e  up d a t e d  housing   el e m e n t  si g n i f i c a n t l y  in c r e a s e s  de n s i t i e s  on   mu l t i f a m i l y  si t e s  in  th e  Do w n t o w n .  Th i s  wi l l  facilitate   de v e l o p m e n t  of  af f o r d a b l e  ho u s i n g  fo r  se n i o r s ,   pe r s o n s  wi t h  di s a b i l i t i e s ,  an d  ex t r e m e l y  lo w  income   ho u s e h o l d s .   Continue   Dr a f t  To w n  of  Ti b u r o n  Housing  Element   | B ‐7   H ‐m   Wo r k  wi t h  th e  Ma r i n  Ho u s i n g  Au t h o r i t y .    Co n t i n u e  to  im p l e m e n t  th e  ag r e e m e n t  wi t h  th e  Ma r i n   Ho u s i n g  Au t h o r i t y  (M H A )  fo r  ma n a g e m e n t  of  th e   af f o r d a b l e  ho u s i n g  st o c k  in  or d e r  to  en s u r e  pe r m a n e n t   af f o r d a b i l i t y ,  an d  im p l e m e n t  re s a l e  an d  re n t a l   re g u l a t i o n s  fo r  ve r y  lo w ,  lo w  an d  mo d e r a t e  in c o m e  un i t s ,   an d  as s u r e  th a t  th e s e  un i t s  re m a i n  at  an  af f o r d a b l e  pr i c e   le v e l .     Im p l e m e n t  ag r e e m e n t s  to   ma i n t a i n  af f o r d a b i l i t y .   Su c c e s s f u l .  To w n  st a f f  co m m u n i c a t e d  pe r i o d i c a l l y   wi t h  MH A  re g a r d i n g  ex i s t i n g  an d  po t e n t i a l  affordable   ho u s i n g  un i t s ,  in c l u d i n g  re s a l e  an d  re n t a l  re s t r i c t i o n s   an d  de f e n d i n g  ag a i n s t  th e  lo s s  of  af f o r d a b l e  status   th r o u g h  le n d i n g  in s t i t u t i o n  er r o r s .   Continue   H ‐n    St a f f  Tr a i n i n g .  Co n d u c t  a  tr a i n i n g  se s s i o n  fo r   To w n  em p l o y e e s  re g a r d i n g  th e  re c e i p t ,  do c u m e n t a t i o n ,   an d  pr o p e r  re f e r r a l  of  ho u s i n g  di s c r i m i n a t i o n  co m p l a i n t s   an d  ot h e r  in f o r m a t i o n  re l a t e d  to  ho u s i n g  pr o g r a m s .      Co n d u c t  tr a i n i n g  st a f f   se s s i o n s .     Su c c e s s f u l .  Ho u s i n g  di s c r i m i n a t i o n  co m p l a i n t s  are   ha n d l e d  by  se l e c t  To w n  st a f f  me m b e r s  wh o  are   aw a r e  of  th e  pr o p e r  re f e r r a l s  re l a t e d  to  ho u s i n g   pr o g r a m s .   Continue   H ‐o    Ho u s i n g  Di s c r i m i n a t i o n  Co m p l a i n t s .  Re f e r   di s c r i m i n a t i o n  co m p l a i n t s  to  th e  ap p r o p r i a t e  le g a l   se r v i c e ,  co u n t y ,  or  st a t e  ag e n c y  or  Fa i r  Ho u s i n g  of  Ma r i n .   Th e  Co m m u n i t y  De v e l o p m e n t  Di r e c t o r  is  th e  de s i g n a t e d   pe r s o n  in  Ti b u r o n  wi t h  re s p o n s i b i l i t y  to  in v e s t i g a t e  an d   de a l  ap p r o p r i a t e l y  wi t h  co m p l a i n t s .  Di s c r i m i n a t i o n   co m p l a i n t s  wi l l  be  re f e r r e d  to  Fa i r  Ho u s i n g  of  Ma r i n ,  th e   Ma r i n  Ho u s i n g  Au t h o r i t y ,  Le g a l  Ai d ,  HU D ,  or  th e   Ca l i f o r n i a  De p a r t m e n t  of  Fa i r  Em p l o y m e n t  an d  Ho u s i n g ,   as  ap p r o p r i a t e .  In f o r m a t i o n  re g a r d i n g  th e  ho u s i n g   di s c r i m i n a t i o n  co m p l a i n t  re f e r r a l  pr o c e s s  wi l l  be  po s t e d   on  th e  To w n ’ s  we b s i t e .   Im p l e m e n t a t i o n  of  Fa i r   Ho u s i n g  la w s .   Su c c e s s f u l .  Ho u s i n g  di s c r i m i n a t i o n  co m p l a i n t s  are   ha n d l e d  by  se l e c t  To w n  st a f f  me m b e r s  wh o  are   aw a r e  of  th e  pr o p e r  re f e r r a l s  re l a t e d  to  ho u s i n g   pr o g r a m s .   Continue   H ‐p   Pr o v i s i o n  of  Af f o r d a b l e  Ho u s i n g  fo r  Sp e c i a l   Ne e d s  Ho u s e h o l d s .    Co n t i n u e  to  fa c i l i t a t e  pr o g r a m s  an d   pr o j e c t s  wh i c h  me e t  fe d e r a l ,  st a t e  an d  lo c a l   re q u i r e m e n t s  to  pr o v i d e  ac c e s s i b i l i t y  fo r  se n i o r s ,  pe r s o n s   wi t h  di s a b i l i t i e s ,  la r g e  fa m i l i e s ,  an d  si n g l e ‐pe r s o n  an d   si n g l e  pa r e n t  ho u s e h o l d s .    In  ad d i t i o n ,  th e  To w n  wi l l   ap p l y  cu r r e n t  in c l u s i o n a r y  ho u s i n g  pr o v i s i o n s  to  10 %  of   ne w  un i t s  re q u i r e d  to  me e t  th e  sp e c i a l  ho u s i n g  ne e d s  in   th e  ca t e g o r i e s  li s t e d .  Sp e c i f i c  ty p e s  of  ho u s i n g  in c l u d e :    Co n s t r u c t i o n  of  at  le a s t   th r e e  ho u s i n g  un i t s  fo r   pe o p l e  li v i n g  wi t h  sp e c i a l   ne e d s .   No t  im p l e m e n t e d .  In c l u s i o n a r y  zo n i n g  is  in  place; lack   of  ne w  af f o r d a b l e  pr o j e c t s  be i n g  pr o p o s e d  has   li m i t e d  th e  ab i l i t y  to  im p l e m e n t  th i s  pr o g r a m .  The   up d a t e d  ho u s i n g  el e m e n t  si g n i f i c a n t l y  in c r e a s e s   de n s i t i e s  on  mu l t i f a m i l y  si t e s  in  th e  Do w n t o w n .  This   wi l l  fa c i l i t a t e  de v e l o p m e n t  of  af f o r d a b l e  ho u s i n g  for   se n i o r s ,  pe r s o n s  wi t h  di s a b i l i t i e s ,  an d  si n g l e ‐person   an d  si n g l e  pa r e n t  ho u s e h o l d s .  It  wi l l  al s o  in c r e a s e  the   av a i l a b i l i t y  of  si n g l e ‐fa m i l y  ho m e s  th a t  ar e   ap p r o p r i a t e  fo r  la r g e  ho u s e h o l d s  as  se n i o r   ho m e o w n e r s  in  Ti b u r o n  ha v e  ex p r e s s e d  a  desire  to  Continue   Dr a f t  To w n  of  Ti b u r o n  Housing  Element   | B ‐8   (a ) Sm a l l e r ,  af f o r d a b l e  re s i d e n t i a l  un i t s ,  es p e c i a l l y   fo r  lo w e r  in c o m e  si n g l e ‐pe r s o n  an d  si n g l e   pa r e n t  ho u s e h o l d s .   (b ) Af f o r d a b l e  se n i o r  ho u s i n g  to  me e t  th e   bu r g e o n i n g  ne e d s  of  an  ag i n g  po p u l a t i o n ,   in c l u d i n g  as s i s t e d  ho u s i n g  an d  bo a r d  an d  ca r e   (l i c e n s e d  fa c i l i t i e s ) .   (c ) Af f o r d a b l e  un i t s  wi t h  th r e e  or  mo r e  be d r o o m s   fo r  la r g e  fa m i l y  ho u s e h o l d s .   (d ) Af f o r d a b l e  ho u s i n g  th a t  is  bu i l t  fo r ,  or  ca n  ea s i l y   an d  in e x p e n s i v e l y  be  ad a p t e d  fo r ,  us e  by  pe o p l e   wi t h  di s a b i l i t i e s  (s p e c i f i c  st a n d a r d s  ar e   es t a b l i s h e d  in  Ca l i f o r n i a  Ti t l e  24  Ac c e s s i b i l i t y   Re g u l a t i o n s  fo r  ne w  an d  re h a b i l i t a t i o n  pr o j e c t s ,   au g m e n t e d  by  Am e r i c a n s  wi t h  Di s a b i l i t i e s  Ac t   gu i d e l i n e s ) .   do w n s i z e  bu t  re m a i n  in  to w n  an d  li v e  in  a  more   wa l k a b l e  lo c a t i o n .     H ‐q   Em e r g e n c y  Ho u s i n g  As s i s t a n c e .  Pa r t i c i p a t e  an d   al l o c a t e  fu n d s ,  as  ap p r o p r i a t e ,  fo r  Co u n t y  an d  no n ‐pr o f i t   pr o g r a m s  pr o v i d i n g  em e r g e n c y  sh e l t e r  an d  re l a t e d   co u n s e l i n g  se r v i c e s .      Re s p o n d  to  re q u e s t s  fo r   as s i s t a n c e .   Su c c e s s f u l .  Th e  Co u n t y  of  Ma r i n  an d  lo c a l  nonprofits   pr o v i d e  se r v i c e s  to    th e  ho m e l e s s  ha v e  sh i f t e d  to  a   “h o u s i n g  fi r s t ”  mo d e l  to  me e t  th e  ne e d s  of  the   ch r o n i c a l l y    ho m e l e s s .  A  ro t a t i n g  em e r g e n c y  shelter   pr o g r a m ,  wh i c h  wa s  op e r a t i n g  in  Ti b u r o n ’ s  local   pl a c e s  of  wo r s h i p ,  en d e d  in  Ap r i l  20 1 8 .  Th e  County  is   no w  in v e s t i n g  $1 0  mi l l i o n  ov e r  fo u r  ye a r s  with   an o t h e r  $1 0  mi l l i o n  in  ma t c h i n g  fe d e r a l  fu n d s ,  to   cr e a t e  a  “W h o l e  Pe r s o n  Ca r e ”  pr o g r a m .     Th e  To w n  co n t r i b u t e s  fu n d s  to  co u n t y w i d e  homeless   pr o g r a m s  an d  wo r k s  th r o u g h  th e  Ma r i n  Co u n t y   Co u n c i l  of  Ma y o r s  an d  Co u n c i l  Me m b e r s  an d  the   Ma r i n  Ma n a g e r s  As s o c i a t i o n  to  de v e l o p  fa c i l i t i e s ,   se r v i c e s ,  an d  pr o g r a m s  to  ad d r e s s  ho m e l e s s n e s s .  In   Ma y  20 2 2 ,  th e y  re l e a s e d  an  RF P  un d e r  th e   Co m m u n i t y  Ho m e l e s s  Fu n d  to  se r v e  in d i v i d u a l s  and   fa m i l i e s ,  sp e c i f i c a l l y  in  Ma r i n  Co u n t y ,  wh o  are   ex p e r i e n c i n g  ho m e l e s s n e s s .  Th e  RF P  se e k s  proposals   fo r  se r v i c e s  in c l u d i n g  Ou t r e a c h  an d  En g a g e m e n t ,  Continue   Dr a f t  To w n  of  Ti b u r o n  Housing  Element   | B ‐9   Ra p i d  Re s p o n s e ,  In t e n s i v e  Ca s e  Ma n a g e m e n t ,  Multi ‐ Di s c i p l i n a r y  Te a m ,  an d  Mo b i l e  Sh o w e r  Se r v i c e s .     Al t h o u g h  th e  ho m e l e s s  po p u l a t i o n  in  Ti b u r o n  has   de c r e a s e d  si n c e  th e  la s t  ho u s i n g  el e m e n t  was   ad o p t e d ,  fr o m  7  un s h e l t e r e d  pe o p l e  in  20 1 3  to  none   in  20 1 9 ,  th e  nu m b e r  of  un s h e l t e r e d  pe o p l e   th r o u g h o u t  Ma r i n  Co u n t y  ha s  in c r e a s e d  fr o m  183  to   70 3  ov e r  th e  sa m e  pe r i o d ,  il l u s t r a t i n g  th e  critical   ne e d  fo r  co n t i n u e d  cr o s s ‐co u n t y  ef f o r t s  to  provide   ho u s i n g  an d  se r v i c e s  fo r  th e  ho m e l e s s .      H ‐r   Pr o v i d e  To w n  Em p l o y e e  Ho u s i n g  As s i s t a n c e .   Id e n t i f y  op p o r t u n i t i e s  fo r  lo c a l  go v e r n m e n t  em p l o y e e s   (e s p e c i a l l y  pu b l i c  sa f e t y  pe r s o n n e l )  to  fi n d  ho u s i n g  lo c a l l y   th r o u g h  su c h  ef f o r t s  as  co n s t r u c t i o n  of  wo r k f o r c e   ho u s i n g  at  pu b l i c  fa c i l i t i e s  or  pa r k i n g  lo t s  or  su b s i d i z i n g   mo r t g a g e s  or  re n t s .   Pr o v i d e  as s i s t a n c e  to  5   pe r c e n t  of  To w n   em p l o y e e s .   Su c c e s s f u l .  Th e  To w n  ac q u i r e d  an  ad d i t i o n a l  Point   Ti b u r o n  Ma r s h  co n d o m i n i u m  un i t  in  20 1 9 ,  bringing   th e  to t a l  nu m b e r  of  un i t s  ow n e d  by  th e  To w n  to   ei g h t .    Th e  To w n  ma k e s  th e s e  co n d o  un i t s  available   to  To w n  em p l o y e e s  wh o  qu a l i f y .  30 %  of  To w n   em p l o y e e s  cu r r e n t l y  li v e  in  th e s e  un i t s .   Continue   H ‐s    Al l o w  Tr a n s i t i o n a l  an d  Su p p o r t i v e  Ho u s i n g  in   Co m m e r c i a l  Zo n e s .  Re v i s e  th e  Zo n i n g  Or d i n a n c e  to   sp e c i f i c a l l y  id e n t i f y  tr a n s i t i o n a l  an d  su p p o r t i v e  ho u s i n g   as  co n d i t i o n a l l y  pe r m i t t e d  us e s  in  th e  ne i g h b o r h o o d   co m m e r c i a l  (N C )  an d  vi l l a g e  co m m e r c i a l  (V C )  zo n e s .   Tr a n s i t i o n a l  an d  su p p o r t i v e  ho u s i n g  wi l l  be  tr e a t e d  as  a   re s i d e n t i a l  us e  su b j e c t  on l y  to  th e  sa m e  re s t r i c t i o n s  th a t   ap p l y  to  ot h e r  re s i d e n t i a l  us e s  in  th e  NC  an d  VC  zo n e s .      Ad o p t  Or d i n a n c e .   Co m p l e t e d .  Th e  Zo n i n g  Co d e  wa s  am e n d e d  to  define   Tr a n s i t i o n a l  Ho u s i n g  an d  Su p p o r t i v e  Ho u s i n g  (TMC   16 ‐10 0 . 2 0 )  an d  al l o w  tr a n s i t i o n a l  an d  su p p o r t i v e   ho u s i n g  as  co n d i t i o n a l l y  pe r m i t t e d  us e s  in  the   Ne i g h b o r h o o d  Co m m e r c i a l  (N C )  an d  Vi l l a g e   Co m m e r c i a l  (V C )  zo n e s  (T M C  Se c t i o n  12 ‐22 . 0 3 0 ) .  Delete   H ‐t   Re h a b i l i t a t i o n  Lo a n  Pr o g r a m s .  In  co o p e r a t i o n   wi t h  th e  Ma r i n  Ho u s i n g  Au t h o r i t y  (M H A ) ,  im p r o v e  ci t i z e n   aw a r e n e s s  of  re h a b i l i t a t i o n  lo a n  pr o g r a m s .      Pr o v i d e  re s i d e n t i a l   re h a b i l i t a t i o n  lo a n s  to  3   lo w  in c o m e  un i t s .   MH A  re h a b i l i t a t i o n  lo a n  br o c h u r e s  ar e  av a i l a b l e  at   th e  pu b l i c  co u n t e r  in  To w n  Ha l l .  No  Re s i d e n t i a l   Re h a b i l i t a t i o n  Lo a n s  we r e  ma d e  to  Ti b u r o n  property   ow n e r s  si n c e  20 1 5 .  Th e  pr o g r a m  co o r d i n a t o r  states   th a t  th e  pr o g r a m  wa s  im p a c t e d  by  th e  pa n d e m i c .   Continue   H ‐u   Co n d u c t  Re s i d e n t i a l  Bu i l d i n g  Re p o r t   In s p e c t i o n s .  Th e  To w n  wi l l  co n t i n u e  to  in s p e c t  an d   re p o r t  on  al l  re s i d e n t i a l  un i t s  pr i o r  to  re s a l e ,  wi t h  th e   in t e n t  to  ma i n t a i n  an d  up g r a d e  th e  sa f e t y  of  ho u s i n g   wi t h i n  th e  to w n  co n s i s t e n t  wi t h  ad o p t e d  Bu i l d i n g  Co d e s .   Co m p l e t e  Re s i d e n t i a l   Bu i l d i n g  Re p o r t s  fo r  al l   ho u s i n g  un i t s  pr i o r  to   re s a l e   Su c c e s s f u l .  Th e  To w n  pe r f o r m s  an  av e r a g e  of  at  least   15 0  Re s i d e n t i a l  Bu i l d i n g  Re p o r t  In s p e c t i o n s  each   ye a r .    Continue   Dr a f t  To w n  of  Ti b u r o n  Housing  Element   | B ‐10   In  ad d i t i o n  to  th e  he a l t h  an d  sa f e t y  co n c e r n s ,  th e   re s i d e n t i a l  bu i l d i n g  re p o r t  di s c l o s e s  th e  au t h o r i z e d  us e ,   oc c u p a n c y  an d  zo n i n g  of  th e  pr o p e r t y  an d  an  it e m i z a t i o n   of  de f i c i e n c i e s  in  th e  dw e l l i n g  un i t .   H ‐v   Ac q u i s i t i o n  of  Re n t a l  Ho u s i n g .  Co n t a c t   po t e n t i a l  no n ‐pr o f i t s  (s u c h  as  Ti b u r o n  Ec u m e n i c a l   As s o c i a t i o n ,  EA H ,  Ci t i z e n s  Ho u s i n g ,  BR I D G E  Ho u s i n g ,  et c . )   wh o  ma y  be  se e k i n g  to  ac q u i r e  an d  re h a b i l i t a t e  re n t a l   ho u s i n g  un i t s  in  or d e r  to  ma i n t a i n  on g o i n g  af f o r d a b i l i t y   of  th e  un i t s .  Pr o v i d e  as s i s t a n c e  th a t  wi l l  in c l u d e ,  bu t  no t   be  li m i t e d  to :  (1 )  su p p o r t  ne c e s s a r y  to  ob t a i n  fu n d i n g   co m m i t m e n t s  fr o m  go v e r n m e n t a l  pr o g r a m s  an d  no n ‐ go v e r n m e n t a l  gr a n t s ;  (2 )  as s i s t a n c e  in  pe r m i t  pr o c e s s i n g ;   (3 )  wa i v e r  or  su b s i d y  of  fe e s ;  an d  (4 )  us e  of  lo c a l  fu n d s  if   av a i l a b l e .      Ac q u i s i t i o n  an d   re h a b i l i t a t i o n  of  ex i s t i n g   af f o r d a b l e  re n t a l  ho u s i n g   su b j e c t  to  ex p i r a t i o n  of   su b s i d i e s .   Im p l e m e n t e d  bu t  no t  su c c e s s f u l .  No  ne w  affordable   ho u s i n g  op p o r t u n i t i e s  re s u l t e d  fr o m  oc c a s i o n a l   co n t a c t  wi t h  no n ‐pr o f i t s .   Continue   H ‐w   Us e  of  Re n t a l  As s i s t a n c e  Pr o g r a m s .    Co n t i n u e   to  pu b l i c i z e  an d  pa r t i c i p a t e  in  re n t a l  as s i s t a n c e  pr o g r a m s   su c h  as  Se c t i o n  8  Ho u s i n g  Ch o i c e  Vo u c h e r s ,  th e  Ho u s i n g   St a b i l i t y  Pr o g r a m ,  an d  ot h e r  av a i l a b l e  re n t a l  pr o g r a m s .   Pu b l i c i t y  an d  in c r e a s e d  us e   of  Se c t i o n  8  vo u c h e r s    As  of  Ma y  20 2 2 ,  th e r e  we r e  23  Se c t i o n  8  vo u c h e r s   cu r r e n t l y  in  us e  in  Ti b u r o n ,  a  de c r e a s e  of  4  vouchers   ov e r  th e  pr i o r  pl a n n i n g  pe r i o d .    Continue   H ‐x    Co n d o m i n i u m  Co n v e r s i o n s .  Pr e s e r v e  re n t a l   ho u s i n g  by  en f o r c e m e n t  th r o u g h  th e  To w n ' s   co n d o m i n i u m  co n v e r s i o n  or d i n a n c e  an d  Ho u s i n g   El e m e n t  po l i c y .   Pr o t e c t i o n  of  th e  To w n ’ s   re n t a l  ho u s i n g  st o c k .   Su c c e s s f u l .  Th e  To w n  en f o r c e s  th e s e  po l i c i e s  and   pr o g r a m s .    Continue   H ‐y   Li n k  Co d e  En f o r c e m e n t  wi t h  Pu b l i c  In f o r m a t i o n   Pr o g r a m s  on  To w n  St a n d a r d s ,  Re h a b i l i t a t i o n  an d   En e r g y  Lo a n  Pr o g r a m s .  Im p l e m e n t  ho u s i n g ,  bu i l d i n g  an d   fi r e  co d e  en f o r c e m e n t  to  en s u r e  co m p l i a n c e  wi t h  ba s i c   he a l t h  an d  sa f e t y  bu i l d i n g  st a n d a r d s  an d  pr o v i d e   in f o r m a t i o n  ab o u t  re h a b i l i t a t i o n  lo a n  pr o g r a m s  fo r  us e   by  qu a l i f y i n g  pr o p e r t y  ow n e r s  wh o  ar e  ci t e d .  Sp e c i f i c   ac t i o n s  in c l u d e :    (a ) Co o r d i n a t e  wi t h  th e  Ma r i n  Ho u s i n g  Au t h o r i t y   an d  ut i l i t y  pr o v i d e r s  to  ma k e  av a i l a b l e  lo a n   pr o g r a m s  to  el i g i b l e  ow n e r  an d  re n t e r ‐oc c u p i e d   ho u s i n g .    Up g r a d e s  to  th e  To w n ’ s   ho u s i n g  st o c k  an d   co m p l i a n c e  wi t h  co d e s .   MH A  re h a b i l i t a t i o n  lo a n  br o c h u r e s  ar e  av a i l a b l e  at   th e  pu b l i c  co u n t e r  in  To w n  Ha l l .  No  Re s i d e n t i a l   Re h a b i l i t a t i o n  Lo a n s  we r e  ma d e  to  Ti b u r o n  property   ow n e r s  si n c e  20 1 5 .    As  of  Ma y  20 2 2 ,  ei g h t  Ti b u r o n  ho m e o w n e r s  have   Pr o p e r t y  As s e s s e d  Cl e a n  En e r g y  (P A C E )  as s e s s m e n t s ,   wh i c h  en a b l e d  th e m  to  ac c e s s  fi n a n c i n g  to  install   en e r g y  ef f i c i e n c y  up g r a d e s  an d  re n e w a b l e  energy   pr o j e c t s .    Th r o u g h  th e  Ma r i n  Cl i m a t e  an d  En e r g y  Pa r t n e r s h i p ,   th e  To w n  wo r k s  wi t h  Re s i l i e n t  Ne i g h b o r h o o d s  to   pr o v i d e  fr e e  cl a s s e s  to  re s i d e n t s  to  ed u c a t e  and  Modify  to  generally  provide  information, not  just  when  linked  to  code  enforcement.   Dr a f t  To w n  of  Ti b u r o n  Housing  Element   | B ‐11   (b ) Pr o v i d e  pu b l i c  in f o r m a t i o n  on  al t e r n a t i v e  en e r g y   te c h n o l o g i e s  fo r  re s i d e n t i a l  de v e l o p e r s ,   co n t r a c t o r s ,  an d  pr o p e r t y  ow n e r s .    (c ) Pu b l i c i z e  te n a n t  as s i s t a n c e  an d  en e r g y   co n s e r v a t i o n  pr o g r a m s  an d  we a t h e r i z a t i o n   se r v i c e s  th a t  ar e  av a i l a b l e  to  pr o v i d e  su b s i d i z e d   or  at  co s t  in s p e c t i o n  an d  co r r e c t i v e  ac t i o n .    (d ) Co n t a c t  ow n e r s  of  st r u c t u r e s  th a t  ap p e a r  to  be   in  de c l i n i n g  or  su b s t a n d a r d  co n d i t i o n ,  of f e r   in s p e c t i o n  se r v i c e s ,  an d  ad v e r t i s e  an d  pr o m o t e   pr o g r a m s  th a t  wi l l  as s i s t  in  fu n d i n g  ne e d e d   wo r k .   (e ) Pr o v i d e  an  in f o r m a t i o n a l  gu i d e  to  ho m e o w n e r s   ex p l a i n i n g  th e  be n e f i t s ,  “b e s t  pr a c t i c e s ”  an d   pr o c e d u r e s  fo r  ad d i n g  or  le g a l i z i n g  a  se c o n d a r y   dw e l l i n g  un i t .     mo t i v a t e  th e m  to  re d u c e  th e i r  ca r b o n  fo o t p r i n t .   Cl a s s e s  in c l u d e  in f o r m a t i o n  an d  re s o u r c e s  on  energy   co n s e r v a t i o n  an d  ef f i c i e n c y  an d  re n e w a b l e  energy.  Th i r t e e n  Ti b u r o n  ho u s e h o l d s  ha v e  gr a d u a t e d  from   th e  pr o g r a m .    In  pa r t n e r s h i p  wi t h  Ma r i n  Co u n t y  En e r g y  Watch, the   To w n  pu b l i c i z e d  en e r g y  ef f i c i e n c y  pr o g r a m s  available   th r o u g h  Ba y R e n ,  Ri s i n g  Su n ,  an d  th e  Ca l i f o r n i a  Energy   Yo u t h  Se r v i c e s .  As  of  Ma y  20 2 2 ,  tw e n t y ‐ni n e  Tiburon   ho m e o w n e r s  ha d  re c e i v e d  Ba y R e n  re b a t e s ,  and   Ri s i n g  Su n  ha d  se r v e d  11  ho u s e h o l d s .  Th e  California   Yo u t h  En e r g y  Se r v i c e s  pr o g r a m  co m p l e t e d  6,901   ho m e  en e r g y  as s e s s m e n t s  in  Ma r i n  Co u n t y  between   20 0 6  an d  20 1 8 ,  wi t h  an  es t i m a t e d  20 0  au d i t s   co m p l e t e d  in  Ti b u r o n .  Th e  pr o g r a m  pr o v i d e d  free   en e r g y  ef f i c i e n c y  pr o d u c t s  li k e  LE D  bu l b s ,  power   st r i p s ,  sh o w e r h e a d s ,  an d  fa u c e t  ae r a t o r s .    Th e  To w n  al s o  pr o m o t e d  El e c t r i f y  Ma r i n ,  which   pr o v i d e s  re b a t e s  to  sw a p  ou t  na t u r a l  ga s  appliances   an d  he a t i n g  sy s t e m s  wi t h  hi g h  ef f i c i e n c y  el e c t r i c   ap p l i a n c e s .  As  of  Ma y  20 2 2 ,  th i r t e e n  pr o j e c t s  in   Ti b u r o n  ha d  re c e i v e d  a  to t a l  of  $1 7 , 0 0 0  in  rebates.  Th e  pr o g r a m  pr o v i d e s  hi g h e r  re b a t e s  fo r  lo w e r ‐ in c o m e  ho u s e h o l d s .    Th e  To w n ’ s  Re s i d e n t i a l  Re s a l e  In s p e c t i o n  process,  co n t i n u o u s l y  im p l e m e n t e d  ov e r  th e  pa s t  45  years,  ha s  gr e a t l y  ai d e d  th e  co n d i t i o n  of  th e  To w n ’ s  housing   st o c k  by  re q u i r i n g  ma n d a t o r y  co r r e c t i o n s .    Th e  To w n  co l l a b o r a t e d  wi t h  ot h e r  Ma r i n  lo c a l   go v e r n m e n t  to  pr o v i d e  re s o u r c e s  an d  ed u c a t i o n   ma t e r i a l s  to  fa c i l i t a t e  bu i l d i n g ,  pe r m i t t i n g ,  and   re n t i n g  se c o n d  un i t s .  Th e y  cr e a t e d  a  we b s i t e  at   ad u m a r i n . o r g  th a t  pr o v i d e s  ca s e  st u d i e s ,  fl o o r  plans,  a  ca l c u l a t o r  to  es t i m a t e  co n s t r u c t i o n  co s t s ,   Dr a f t  To w n  of  Ti b u r o n  Housing  Element   | B ‐12   in f o r m a t i o n  on  pl a n n i n g ,  de s i g n i n g ,  an d  co n s t r u c t i n g   an d  AD U ,  an d  re s o u r c e s  on  be i n g  a  la n d l o r d ,  from   se t t i n g  a  re n t  pr i c e  to  co m p l y i n g  wi t h  fa i r  housing   la w s .     H ‐z   Wo r k  wi t h  No n ‐Pr o f i t s  an d  Pr o p e r t y  Ow n e r s  on   Ho u s i n g  Op p o r t u n i t y  Si t e s .  En c o u r a g e  co o p e r a t i v e  an d   jo i n t  ve n t u r e s  be t w e e n  ow n e r s ,  de v e l o p e r s  an d  no n ‐ pr o f i t  gr o u p s  in  th e  pr o v i s i o n  of  be l o w  ma r k e t  ra t e   ho u s i n g .  Wo r k  wi t h  no n ‐pr o f i t s  an d  pr o p e r t y  ow n e r s  to   se e k  op p o r t u n i t i e s  fo r  an  af f o r d a b l e  ho u s i n g   de v e l o p m e n t  on  on e  of  th e  ke y  ho u s i n g  op p o r t u n i t y   si t e s .  Un d e r t a k e  th e  fo l l o w i n g  ac t i o n s  to  en c o u r a g e   de v e l o p m e n t  of  mu l t i ‐fa m i l y ,  af f o r d a b l e  ho u s i n g :   (a ) Me e t  wi t h  no n ‐pr o f i t  ho u s i n g  de v e l o p e r s  (E A H ,   MH A ,  ot h e r s )  an d  pr o p e r t y  ow n e r s  to  id e n t i f y   ho u s i n g  de v e l o p m e n t  op p o r t u n i t i e s ,  is s u e s  an d   ne e d s  du r i n g  20 1 5 .   (b ) Se l e c t  th e  mo s t  vi a b l e  si t e  du r i n g  20 1 5 .   (c ) Un d e r t a k e  co m m u n i t y  ou t r e a c h  in  co o r d i n a t i o n   wi t h  th e  po t e n t i a l  de v e l o p e r  an d  pr o p e r t y   ow n e r  du r i n g  20 1 5 .   (d ) Co m p l e t e  si t e  pl a n n i n g  st u d i e s ,  co n t i n u e d   co m m u n i t y  ou t r e a c h ,  an d  re g u l a t o r y  ap p r o v a l s   in  co o r d i n a t i o n  wi t h  th e  de v e l o p m e n t   ap p l i c a t i o n .   (e ) Fa c i l i t a t e  de v e l o p m e n t  th r o u g h  re g u l a t o r y   in c e n t i v e s ,  re d u c i n g  or  wa i v i n g  fe e s ,  fa s t  tr a c k   pr o c e s s i n g ,  an d  as s i s t a n c e  in  de v e l o p m e n t   re v i e w .    (f ) De v e l o p  on g o i n g  an d  an n u a l  ou t r e a c h  an d   co o r d i n a t i o n  wi t h  no n ‐pr o f i t  ho u s i n g  de v e l o p e r s   an d  af f o r d a b l e  ho u s i n g  ad v o c a t e s  to  as s i s t  in   th e  de v e l o p m e n t  of  ho u s i n g  fo r  ex t r e m e l y  lo w ‐ in c o m e  ho u s e h o l d s .   (g ) Fa c i l i t a t e  de v e l o p m e n t  of  ho u s i n g  fo r  ex t r e m e l y   lo w ‐in c o m e  ho u s e h o l d s  by  al l o w i n g  ho u s i n g  as  a   En c o u r a g e  de v e l o p m e n t  of   on e  or  mo r e  ke y  ho u s i n g   si t e s  by  20 2 2 .   Im p l e m e n t e d  bu t  no t  su c c e s s f u l .  Zo n i n g  am e n d m e n t s   we r e  ad o p t e d  in  20 1 5  to  de s i g n a t e  ne w  af f o r d a b l e   ho u s i n g  op p o r t u n i t y  si t e s ,  re d u c e  th e  pe r c e n t a g e  of   af f o r d a b l e  un i t s  re q u i r e d ,  an d  al l o w  ho u s i n g  by  right   in  su c h  zo n e s .  No  af f o r d a b l e  ho u s i n g  pr o j e c t s  were   co n s t r u c t e d ,  al t h o u g h  To w n  st a f f  co n t i n u e d  to  review   an d  en c o u r a g e  co n c e p t u a l  pr o p o s a l s  fo r  a  mixed  use   af f o r d a b l e  pr o j e c t  on  th e  16 0 0  Ti b u r o n  Bo u l e v a r d   af f o r d a b l e  ho u s i n g  ov e r l a y  si t e .    Se e  al s o  Program  H ‐ l.    Th e  up d a t e d  ho u s i n g  el e m e n t  si g n i f i c a n t l y  increases   de n s i t i e s  on  mu l t i f a m i l y  si t e s  in  th e  Do w n t o w n .  This   wi l l  fa c i l i t a t e  de v e l o p m e n t  of  af f o r d a b l e  ho u s i n g  for   lo w ‐in c o m e  ho u s e h o l d s ,  se n i o r s ,  pe r s o n s  with   di s a b i l i t i e s ,  an d  si n g l e ‐pe r s o n  an d  si n g l e  pa r e n t   ho u s e h o l d s .  It  wi l l  al s o  in c r e a s e  th e  av a i l a b i l i t y  of   si n g l e ‐fa m i l y  ho m e s  th a t  ar e  ap p r o p r i a t e  fo r  large   ho u s e h o l d s  as  se n i o r  ho m e o w n e r s  in  Ti b u r o n  have   ex p r e s s e d  a  de s i r e  to  do w n s i z e  bu t  re m a i n  in  town   an d  li v e  in  a  mo r e  wa l k a b l e  lo c a t i o n .     Continue   Dr a f t  To w n  of  Ti b u r o n  Housing  Element   | B ‐13   us e  by ‐ri g h t  as  pa r t  of  th e  “A f f o r d a b l e  Ho u s i n g   Ov e r l a y  Zo n e . ”   (h ) Re v i e w  fu n d i n g  op t i o n s  as  pa r t  of  th e  an n u a l   Ho u s i n g  El e m e n t  re v i e w  an d  ap p l y  fo r  fu n d i n g   or  su p p o r t  fu n d i n g  ap p l i c a t i o n s  as  op p o r t u n i t i e s   ar e  av a i l a b l e ,  an d  wi l l  un d e r t a k e  ot h e r  ac t i o n s   (s u c h  as  mo d i f i c a t i o n s  to  pa r k i n g  re q u i r e m e n t s   an d  gr a n t i n g  co n c e s s i o n s  an d  in c e n t i v e s )  to   as s i s t  in  th e  de v e l o p m e n t  of  ho u s i n g  fo r   ex t r e m e l y  lo w  in c o m e  ho u s e h o l d s .   H ‐aa   Mo d i f y  an d  Im p l e m e n t  “A f f o r d a b l e  Ho u s i n g   Ov e r l a y  Zo n e ”  Zo n i n g  fo r  Af f o r d a b l e  Pr o j e c t s .  An n u a l l y   mo n i t o r  th e  ef f e c t i v e n e s s  of  th e  “A f f o r d a b l e  Ho u s i n g   Ov e r l a y  Zo n e ”  as  pa r t  of  th e  an n u a l  Ho u s i n g  El e m e n t   re v i e w  (s e e  Pr o g r a m  (H ‐g)  an d  im p l e m e n t  th e  af f o r d a b l e   ho u s i n g  ov e r l a y  zo n e  wh e r e  re s i d e n t i a l  de n s i t i e s  wi l l  be   in c r e a s e d  up  to  10 0 %  if  a  sp e c i f i e d  le v e l  of  af f o r d a b i l i t y  is   ac h i e v e d .  As  pa r t  of  th e  an n u a l  re v i e w  th e r e  wi l l  be  a   re v i e w  as  to  wh e t h e r  th e  pr o g r a m  ha s  be e n  ef f e c t i v e  in   en c o u r a g i n g  ve r y  lo w  an d  lo w  in c o m e  ho u s i n g .  Th e   pr o g r a m  wi l l  be  re v i s e d  if  it  is  fo u n d  to  be  in e f f e c t i v e .    Mo d i f i c a t i o n  to  th e  AH O   Zo n i n g  by  20 1 2  an d  re v i e w   pr o g r e s s  an n u a l l y  as  pa r t   of  Pr o g r a m  H ‐e  to   en c o u r a g e  de v e l o p m e n t  of   on e  or  mo r e  ke y  ho u s i n g   si t e s  by  20 1 4 .     Im p l e m e n t e d  bu t  no t  su c c e s s f u l .  Zo n i n g  or d i n a n c e   am e n d m e n t s  im p l e m e n t i n g  th e  ov e r l a y  zo n e   re v i s i o n s  se t  fo r t h  in  th i s  pr o g r a m  we r e  ad o p t e d  in   Ma r c h  20 1 5 .  No  af f o r d a b l e  ho u s i n g  un i t s  were   ap p r o v e d  or  bu i l t  pu r s u a n t  to  th e  af f o r d a b l e  housing   ov e r l a y  zo n e .     H ‐bb   Bo n u s e s  fo r  Af f o r d a b l e  Ho u s i n g  Pr o j e c t s   Co n s i s t e n t  wi t h  St a t e  De n s i t y  Bo n u s  La w .   Th e  To w n  wi l l   of f e r  de n s i t y  bo n u s e s  co n s i s t e n t  wi t h  th e  St a t e  De n s i t y   Bo n u s  La w .      Ap p l i c a t i o n  of  St a t e   De n s i t y  Bo n u s  la w .   Im p l e m e n t e d  bu t  no t  su c c e s s f u l .  No  ap p l i c a t i o n s   re q u e s t i n g  st a t e ‐ma n d a t e d  de n s i t y  bo n u s e s  were   re c e i v e d .     H ‐cc   De s i g n  of  Mu l t i ‐Fa m i l y  Ho u s i n g .  Co n d u c t  de s i g n   re v i e w  to  as s u r e  ex c e l l e n c e  of  de s i g n  in  ne w  mu l t i ‐fa m i l y   ho u s i n g  de v e l o p m e n t  th a t  is  co m p a t i b l e  wi t h  th e   su r r o u n d i n g  ar e a .   De v e l o p m e n t  of  we l l ‐ de s i g n e d  mu l t i ‐fa m i l y   ho u s i n g   Su c c e s s f u l .  In  20 2 2 ,  th e  To w n  ad o p t e d  ob j e c t i v e   de v e l o p m e n t  an d  de s i g n  st a n d a r d s  fo r  qu a l i f y i n g   mu l t i f a m i l y  pr o j e c t s .     H ‐dd   Ho u s i n g  Im p a c t  Fe e  fo r  La r g e r  Ho m e s .  Co n s i d e r   an  af f o r d a b l e  ho u s i n g  im p a c t  fe e  on  la r g e r  si n g l e ‐fa m i l y   ho m e s .   Ad d i t i o n a l  fu n d i n g  fo r   af f o r d a b l e  ho u s i n g  ba s e d   on  im p a c t s  of  la r g e r   ho m e s .     No t  co m p l e t e d .  Th i s  ac t i o n  wa s  no t  un d e r t a k e n  due   to  st a f f  av a i l a b i l i t y  an d  wo r k l o a d .  Du e  to  th e  small   nu m b e r  of  ne w  si n g l e  fa m i l y  ho m e s  th a t  ar e   co n s t r u c t e d  in  Ti b u r o n ,  th e  po t e n t i a l  re v e n u e   ge n e r a t e d  fr o m  th i s  ac t i o n  is  mo s t  li k e l y  no t  cost ‐ ef f i c i e n t .  In s t e a d ,  ef f o r t s  sh o u l d  be  fo c u s e d  on   re a l i z i n g  af f o r d a b l e  in c l u s i o n a r y  un i t s  in  mu l t i f a m i l y   de v e l o p m e n t .   Delete.  Dr a f t  To w n  of  Ti b u r o n  Housing  Element   | B ‐14     H ‐ee   Im p l e m e n t  Se c o n d  Dw e l l i n g  Un i t  De v e l o p m e n t   St a n d a r d s  an d  Pe r m i t  Pr o c e s s .   Co n t i n u e  to  al l o w  se c o n d   dw e l l i n g  un i t s .   8  ne w  lo w  in c o m e  se c o n d   un i t s  by  20 2 2   Su c c e s s f u l .  Th e  To w n  ap p r o v e d  26  AD U s  an d  18   JA D U s  be t w e e n  20 1 5  an d  Ju n e  20 2 2 .  To  da t e ,  14   ha v e  be e n  co n s t r u c t e d  an d  15  ar e  un d e r   co n s t r u c t i o n .  Ba s e d  on  a  re g i o n a l  st u d y ,  af f o r d a b i l i t y   le v e l s  ar e  as s u m e d  to  be  7  ve r y  lo w  in c o m e  units, 7   lo w  in c o m e  un i t s ,  7  mo d e r a t e  in c o m e  un i t s ,  and  3   ab o v e  mo d e r a t e  in c o m e  un i t s .  AD U s  pr o v i d e  housing   fo r  se n i o r s  an d  si n g l e ‐pa r e n t  ho u s e h o l d s  and  lower   ho u s i n g  co s t s  fo r  se n i o r s  wh o  wi s h  to  ag e  in  place. Modify  to  include  tracking  and  review  at  mid ‐point  of  the  planning  cycle.  H ‐ff    Ad o p t  St a n d a r d s  fo r  Ju n i o r  Se c o n d  Un i t s .    Re v i e w   an d  co n s i d e r  ad o p t i n g  st a n d a r d s  to  al l o w  th e  cr e a t i o n  of   ju n i o r  se c o n d  un i t s .   Co n s i d e r  ad o p t i o n  in  20 1 5   Co m p l e t e d .  Or d i n a n c e  No .  55 5  N.  S.  ad o p t i n g   st a n d a r d s  fo r  ju n i o r  se c o n d  un i t s  wa s  ad o p t e d  in   Fe b r u a r y  20 1 5 .  17  JA D U s  we r e  ap p r o v e d  between   20 1 5  an d  20 2 1 .  JA D U s  pr o v i d e  ho u s i n g  fo r  seniors   an d  si n g l e ‐pa r e n t  ho u s e h o l d s  an d  lo w e r  ho u s i n g   co s t s  fo r  se n i o r s  wh o  wi s h  to  ag e  in  pl a c e .  Delete.  H ‐gg   Jo b s / H o u s i n g  Fe e .  Ad o p t  a  Jo b s / H o u s i n g   Li n k a g e  Fe e  Or d i n a n c e  th a t  in c l u d e s  th e  fo l l o w i n g  or   si m i l a r  ex a c t i o n  re q u i r e m e n t s :   (a ) Ex a c t i o n  re q u i r e m e n t s  fo r  dw e l l i n g  un i t s  an d / o r   in ‐li e u  fe e s  sh o u l d  be  se t  ac c o r d i n g  to   em p i r i c a l l y  ba s e d  ev i d e n c e  an d  mu s t  co m p l y   wi t h  al l  ot h e r  le g a l  te s t s .   (b ) Th e  in c l u s i o n  of  af f o r d a b l e  ho u s i n g  un i t s  wi t h i n   de v e l o p m e n t s  of  ho t e l s ,  of f i c e s ,  or  ot h e r   co m m e r c i a l  bu i l d i n g s  if  fe a s i b l e  (o p t i o n s  ma y   in c l u d e  ho u s i n g  on ‐si t e ,  of f ‐si t e ,  su b s i d i z i n g   mo r t g a g e s  or  re n t s ,  or  pa y i n g  an  in ‐li e u  fe e  fo r   ho u s i n g  pr o d u c t i o n ) ,  or   (c ) Pa y m e n t  in t o  th e  Ho u s i n g  Fu n d  of  in ‐li e u  fe e s   ba s e d  on  a  do l l a r  am o u n t  pe r  sq u a r e  fo o t  of   of f i c e ,  co m m e r c i a l ,  an d  in d u s t r i a l  bu i l d i n g   de v e l o p m e n t .   (d ) In ‐li e u  fe e s  wo u l d  be  wa i v e d  in  pr o j e c t s   co n t a i n i n g  si g n i f i c a n t  af f o r d a b l e  ho u s i n g   co m p o n e n t s   Ad d i t i o n a l  fu n d i n g  fo r   af f o r d a b l e  ho u s i n g  fr o m   co m m e r c i a l  de v e l o p m e n t   No t  co m p l e t e d .  As  si g n i f i c a n t  jo b s  cr e a t i o n  projects   in  Ti b u r o n  ar e  hi g h l y  un u s u a l ,  an y  su c h  or d i n a n c e   wo u l d  ra r e l y  if  ev e r  be  ut i l i z e d .    On  th o s e  several   si t e s  in  th e  Do w n t o w n  ar e a  wh e r e  th e  To w n  has   pl a c e d  an  af f o r d a b l e  ho u s i n g  ov e r l a y  zo n e ,  such  an   or d i n a n c e  co u l d  ac t u a l l y  be  co u n t e r p r o d u c t i v e .  Delete.  H ‐gg   En c o u r a g i n g  Re s i d e n t i a l  on  Mi x e d  Us e  Si t e s .  En c o u r a g e  re s i d e n t i a l  de v e l o p m e n t  on  ke y  ho u s i n g  si t e s   Re s i d e n t i a l  de v e l o p m e n t   on  mi x e d  us e  si t e s .   Im p l e m e n t e d  bu t  no t  su c c e s s f u l .  In  20 1 6 ,  Town  staff   me t  on  se v e r a l  oc c a s i o n s  wi t h  re p r e s e n t a t i v e s  of  Continue.   Dr a f t  To w n  of  Ti b u r o n  Housing  Element   | B ‐15   th a t  ar e  de s i g n a t e d  fo r  mi x e d  us e .  In c e n t i v e s  ar e   id e n t i f i e d  in  th e  Af f o r d a b l e  Ho u s i n g  Ov e r l a y  zo n e .    AC V ‐Ar g o  an d  pr o v i d e  ad v i c e  on  th e  de v e l o p m e n t  of   a  mi x e d ‐us e  pr o j e c t  in  Do w n t o w n  th a t  in c l u d e d   af f o r d a b l e  ho u s i n g  un i t s .  In  20 1 7 ,  st a f f  me t  with  ACV ‐ Ar g o  to  re v i e w  co n c e p t u a l  de s i g n s  fo r  a  mi x e d  use   pr o j e c t  on  th e  fo r m e r  Sh a r k s  De l i  si t e  at  16 0 0  Tiburon   Bo u l e v a r d .    De n s i t y  bo n u s  pr o v i s i o n s  we r e  discussed   as  we l l  as  To w n  in c e n t i v e s  to  en c o u r a g e  th e  project,  ho w e v e r  th e  mi x e d  us e  pr o j e c t  di d  no t  mo v e   fo r w a r d .      EXHIBIT 5 1 2 3 4 A B 5 6 7 C D E F 9 4576 Paradise Drive EXHIBIT 6 From:JULIE JACOBS To:Dina Tasini Cc:Dorene Curtis; Gerry And kathy Silverfield Subject:Thoughts on HCD’s response to the Tiburon Housing Element Date:Thursday, January 5, 2023 11:12:37 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Dina, We hope that you were able to enjoy sweet holiday times with loved ones, and that you aresafe, warm, and dry as we welcome the New Year with nature’s attempt to solve our droughtfor this year! Wishing you and yours good health, safety, and joy in the New Year. I am sending this message to each of the Town Council members. I know that you all have alot on your plates. We have reviewed the HCD response to Tiburon’s Housing Element plan, and wished to shareour thoughts with you. Here are the highlights: 1) It did NOT say we need more buffer; 2) Thus, we do not need to hold back the Cove property which the owner was willing toconsider for residential development and the recently annexed north side of Paradise Driveparcel as possible buffers, and can include them in the HE, while seriously investigatingfurther their suitability for high density housing with engineering accommodations fortopographical challenges; 3) HCD acknowledged and emphasized that affordable housing should be spread throughouttown. Tiburon's HE plan concentrates affordable and high density housing in 2 blocksdowntown, which is unacceptable; 4) Tiburon needs to further investigate sites beyond the Cove and Paradise Drive for additionalhousing, including perhaps returning to the owner of the Cove to pursue the possibility of 2 +story mixed use development there and adding the Blackie's pasture dirt parking lot; 5) these additional options could reduce the pressure to eliminate essential businessesdowntown and replace them with high density housing which will further clog our single laneroad in and out of downtown, obstructing emergency evacuations and emergency servicesvehicle access; 6) Our recent experiences with the atmospheric rivers and flooding should demonstrate theimportance of taking into consideration flooding and tsunami risks of sites downtown incurrent HE plan, and the need to find new sites for high density housing; 7)It is important to protect downtown businesses which would be replaced by housing in theHE plan, and find temporary (during construction) and future locations for them downtown to avoid disruption of essential services and diminishing quality of life downtown; 8) We need to feel confident that a 3 story height limit downtown is firmly established andenforceable in the HE plan; 9)We need to know that there will be enforceable Objective Design Standards to provide some protection against developers who do not care about health, safety, and quality of life inTiburon as the town is missing deadlines which result in the elimination of zoning restrictions and give rise to the Builders‘ Remedy under the state housing laws; 10) Now that we are in the new year, please let us know what is being done to: a) lobby for reducing Tiburon's allocation from ABAG for additional housing? b) address the fallacy of downtown Tiburon's designation as a "Transportation Hub?" and c) study ways to improve traffic flow to and from downtown? Thank you so much for your kind consideration. Julie and Seth Jacobs You don't often get email from sandraw1@yahoo.com. Learn why this is important From:Dina Tasini To:Lea Dilena Subject:FW: Tiburon Housing Plans Date:Tuesday, January 17, 2023 1:35:35 PM Late mail Dina Tasini Director of Community Development Town Of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 (415) 435-7393 www.townoftiburon.org From: sandra wolf <sandraw1@yahoo.com> Sent: Monday, January 16, 2023 2:21 PM To: Dina Tasini <dtasini@townoftiburon.org>; Jon Welner <jwelner@townoftiburon.org>; Jack Ryan <jryan@townoftiburon.org>; Noah Griffin <ngriffin@townoftiburon.org>; Holli Thier <hthier@townoftiburon.org>; Alice Fredericks USA.net <askalicenow@usa.net> Subject: Tiburon Housing Plans CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I support the building of low-income affordable housing in Tiburon. I feel there is a need in our community . I do not feel there is an equal need to provide mid or high income housing when such overbuilding will change the character of this small, beautiful community. Overbuilding will dramatically increase our traffic problems, eliminate a great deal of our parking for commercial usage, overtax our water sources and block our scenic views with 4 story construction at the sidewalk lines. We do not want to drive into a corridor of densely packed buildings. It makes greater sense to spread out the new construction and include the Cove area closer to the highway so workers will be able to get in and out of this area. If flood prone areas of downtown Tiburon require building 2’ above flood elevations, the same must be available in the Cove area. Furthermore, what good is a traffic mitigation fee if there is no way to widen or increase traffic flow in and out of Tiburon? Sandra Mellow Wolf 117 Paradise Drive Tiburon, CA 94920 415-889-5774 From:Dina Tasini To:Lea Dilena Subject:FW: Proposed Modification to HOUSING ELEMENT Plan Date:Tuesday, January 17, 2023 1:36:25 PM Late Mail Dina Tasini Director of Community Development Town Of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 (415) 435-7393 www.townoftiburon.org From: Molly Dick <mollydick3@gmail.com> Sent: Monday, January 16, 2023 11:36 AM To: Dina Tasini <dtasini@townoftiburon.org> Subject: Proposed Modification to HOUSING ELEMENT Plan CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.  DenaAs a resident of Downtown Tiburon, I strongly object to the proposal to further modify the HousingElement Plan, the zoning laws and the Objective Design Standards to add even more housing units to the Downtown area - potentially as many as 127+ additional units to the already proposed 434+Downtown Units (and approximately 115+ additional Downtown units proposed by Belvedere). Theburden being placed on the Downtown area, including the traffic, safety and quality of life changes,already imposes a serious and inequitable burden on Downtown residents of both Tiburon and Belvedere to bear the brunt of the potentially devastating impacts. It is time for the rest of Tiburonto accept some responsibility — by adding sites at the newly annexed property adjacent to ParadiseCay, and adding back the previously acknowledged potential units at the Cove on those portions ofthe property the Owner has expressly agreed to in writing, which to date has been protected for no valid reason other than deference to the nearby Cove residents who have voiced opposition.” This is not in the best interest of our Town. This is frankly reprehensible. Molly Dick 5 Cazadero Lane Mobile 415/595-9669 From:Dina Tasini To:Lea Dilena Subject:FW: Written comments on proposed revisions to draft Housing Element in response to HCD’s feedback Date:Tuesday, January 17, 2023 1:36:59 PM Attachments:IMG_0371.PNG Liquefaction Hazard Maps.png Fyi late mail Dina Tasini Director of Community Development Town Of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 (415) 435-7393 www.townoftiburon.org From: JULIE JACOBS <jsj13@aol.com> Sent: Sunday, January 15, 2023 8:12 PM To: Dina Tasini <dtasini@townoftiburon.org> Subject: Written comments on proposed revisions to draft Housing Element in response to HCD’s feedback CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Dina, We know that the recent storms have posed challenges as we’ve entered the New Year. We hope that you and your loved ones have stayed safe and well. Thank you for sharing HCD’s feedback on Tiburon’s Draft Housing Element and staff’s proposed changes in response. The following are our concerns regarding the proposed changes: 1) They continue to concentrate all high density housing within 2 blocks downtown, and at the Mar West and Reed School Parcels, while proposing increases to the densities. This is unacceptable because it: a) Ignores the state’s directive to spread affordable housing throughout town (see HCD letter of December 23rd, 2022 to Dina Tasini, Appendix, Section B. Housing Needs, Resources, and Constraints, 1.AFFH Sites Inventory: "The element must identify sites throughout the community to foster inclusive communities."). b) Ignores previous direction from Town Council to staff to place a 3 story height cap on new high density housing downtown. Please make this Height Cap explicit and enforceable. Please do not undermine it by offering a 4th and more stories to incentivize development or to retain businesses downtown which should be retained without incentives because they are essential to quality of life, such as the grocery, post office, bank, pharmacy, restaurants. The density bonus will likely already add to heights of buildings. Concentrating the high density housing downtown is a safety issue because of Emergency Evacuation chokepoints created by traffic congestion along the single lane of Tiburon Boulevard out of downtown. It is also a safety issue relating to emergency vehicle access, with Police, Fire, and EMS vehicles all located in the Housing Element's high density housing areas along the single lane of Tiburon Boulevard. c) Ignores changes to the Tsunami Hazard and Evacuation Zone map which came out after Tiburon submitted its first draft housing element to HCD. That new information places all of the downtown high density housing in a Tsunami Hazard and Evacuation zone. This adds to the urgency of protecting emergency evacuation routes. d) Ignores that the downtown high density housing sites are in a liquefaction zone, rendering the multi-story residences at risk of collapse in an earthquake. See USGS Liquefaction Susceptibility Maps, Nine-County San Francisco Bay Region, pubs.usgs.gov https://pubs.usgs.gov/of/2000/of00-444/of00-444_8b.pdf Staff acknowledged the high water table when it said that flooding risk would lead to the assumption that high density housing downtown would not have underground parking, and flooding risks would need to be accommodated by raising the entrances above flood heights at ground level. The risks this creates are vividly illustrated by the building collapses in the Marina District of San Francisco during the 1989 Loma Prieta earthquake. e)The suggestion that flooding risks can be addressed by raising entrances above ground level ignores the accessibility obstacles that raised entrances would pose to the elderly and disabled residents intended to occupy the new downtown High Density sites. It also fails to take into account the risk of far greater additional flooding risk from climate change-generated sea level rise for those locations so close to the Bay. 2) The Cove should be added back into the sites for housing. The undeveloped property at the Cove which the owner has said he is willing to consider for housing, as well as mixed use of the remaining commercial properties in the Cove Shopping Center with residential added above, should be added back into the draft Housing Element. This would comply with HCD’s directive that new housing, especially affordable housing, should be spread throughout town. The consultants, staff and Town Council have treated the CVS property downtown and The Cove shopping area inconsistently with regard to whether they should be excluded from consideration because the owner isn’t interest in developing them for residential use or high density residential use. They have also been treated inconsistently with respect to objections from neighbors and concerns about flooding risks. This is unacceptable. Treating these two parcels consistently by adding the Cove back into the sites to be rezoned for housing will reduce pressure to add additional stories to properties downtown in order to meet ABAG’s RHNA allocation. Furthermore, The Cove makes more sense as a location for re-zoning for housing because it is located along a wider segment of Tiburon Boulevard, making emergency evacuation safer and easier. In addition, like downtown, The Cove includes a grocery, cleaners, mailing business, hairdresser, restaurants, bakery, and coffee shop which would be appealing to elderly and disabled new residents without a car. It also makes more sense for housing because it is within walking distance of Bel Aire Elementary School and a bus stop for easy commuting to highway 101, schools, and downtown. 3) The newly annexed Paradise Drive parcel near Paradise Cay should be added to the sites to be rezoned for high density housing. This would comply with HCD’s directive that new housing, especially affordable housing, should be spread throughout town. It would reduce pressure to add high density housing downtown. It would lessen traffic congestion on Tiburon Boulevard. It is close to the Nugget Market on Paradise Drive. It will also help to make up for the shortfall in the Above Moderate RHNA. Thank you for your kind consideration. We know that this has been a challenging process. Best wishes, Julie and Seth Jacobs From:Lori Horne To:Dina Tasini Cc:Town Subject:Proposed Modification to Housing Element Plan Date:Tuesday, January 17, 2023 2:49:37 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To: Dina Tasini: As a resident of Tiburon over 30 years, I strongly object to the proposed modification of the Housing Element Plan, the zoning laws and the Objective Design Standards to addevenmore housing to the Tiburon Downtown area - potentially adding 127 plus additional units to the already proposed 434+ Downtown units. As many of us have previouslyexpressed toyou and to members of the Town Council, this current plan places a terrible burden on Downtown residents and the citizens of Tiburon who come daily to the Downtown area for shopping,eating, and using other services currently offered in the Downtown area. We have already pointed out the devastating potential of floods or earthquakes on the large number ofresidents that will be living in that small space of land who try to escape on a one lane road. I, and many members of our Tiburon community, strongly suggest that new housing be spread more equitably around the city, adding sites at the newly annexed property adjacent to ParadiseCay, and revisiting the potential of placing units at the Cove on portions of the property in which the Owner has previously expressed an interest. In every area of Tiburon, citizens have beenreluctant to accept new housing in their areas, but it is time to revisit the consideration of these areas to make the entire project more equitable for our city. Lori and Mark Horne69 Reed Ranch Road Tiburon 94920 From:Dorene Curtis To:Jon Welner; Dina Tasini; Jack Ryan; Alice Fredericks USA.net; Noah Griffin; Holli Thier; Lea Dilena Subject:Written Comments submitted by Dorene Curtis for Jan 18, 2023 Town Council Meeting discussion re: HOUSING ELEMENT REVISIONS Date:Wednesday, January 18, 2023 9:26:25 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Staff, Consultants, Mayor and Town Council Members, Thank you for giving me the opportunity to provide comments on this very important topic. ALTHOUGH MY COMMENTS ARE A TAD LENGTHY, IT IS MY HOPE THAT YOU WILL TAKE THE TIME TO READ THEM IN ADVANCE OF TONIGHTS MEETING. I SPENT A LOT OF TIME TRYING TO PROVIDE ALL OF THE FACTS AND CITATIONS SO THAT YOU HAVE THE FULL PICTURE. THANK-YOU IN ADVANCE FOR DOING SO! I agree with all of the comments provided by Julie and Seth Jacobs and Kathy Silverfield. I would like to focus on what I believe are the 2 most critical issues for the Town Council to provide direction to the Staff on at this time, in what is likely the last opportunity to do so in any meaningful way before the Staff submits the revised HE to HCD. (I saw no suggestion of another TC meeting or Special Meeting to consider resident comments after the mandatory 7 day review period before the revisions are submitted.) As a preliminary comment, I’d like to point out that not all of the HE revisions discussed in the Draft letter back to HCD appear in ‘mark-up’ in the revised HE, so please do not rely on review of the “HE Mark-up” alone to identify all proposed changes. (This is particularly true in Section 3 where changes to the descriptions of Sites 1-9 and the addition of descriptions for Sites A-F DO NOT appear in mark- up.) SUMMARY: The two issues I believe are critical are as follows: <!--[if !supportLists]-->1. <!--[endif]-->The Staff should be directed to NOT ADD ANY FURTHER HOUSING UNITS TO THE 2 BLOCKS DOWNTOWN. To do so is totally unnecessary, and will result in increasing the number of floors even more than the current realistic level of at least 4 floors on most of sites 1-9. THIS REALISTIC 4 STORY LEVEL IS ALREADY 1 MORE FLOOR THAN THE 3 FLOOR LIMIT THE TOWN COUNCIL previously agreed was appropriate and said they would endeavor to maintain. We are asking that the Town Council do everything in its power to be sure they understand the legal requirements and protect this 3 STORY LIMIT TO THE MAXIMUM EXTENT POSSIBLE. As explained in more detail below, there are others ways to address HCD’s comment on the plan to Generate 174 “above moderate” Units through SB9 subdivisions. <!--[if !supportLists]-->2. <!--[endif]-->The Staff should be directed to REMOVE THE NEWLY ADDED “COMMERCIAL BONUS” allowing developers to add a Fourth Floor if they maintain commercial space. This is also discussed in more detail below. DISCUSSION: Below is a more detailed discussion of these issues: ISSUE #1: THE STAFF REQUEST TO ADD MORE HOUSING UNITS IN THE 2 BLOCK AREA DOWNTOWN SHOULD CLEARLY BE DENIED: This request stems from HCD’S “Comment 11” on the Town’s use of SB9 to support the projected 174 “Above Moderate Income” Units in the submitted Housing Element: “Use of Senate Bill 9 (Statutes of 2021) Projections: The element is projecting development of four single-family homes on each qualifying vacant single-family lot in Appendix C for a total of 174 units based on the passage of SB 9 (Statutes of 2021) to accommodate a portion of its above moderate income RHNA. To utilize projections based on SB 9 legislation, the element must support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through SB 9 and include programs and policies that establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development at the anticipated development levels.” BACKGROUND: <!--[if !supportLists]-->- <!--[endif]-->The RHNA has allocated to Tiburon a total of 243 Units for “Above Moderate Income”. Tiburon has added a buffer of 3 more units. <!--[if !supportLists]-->- <!--[endif]-->As shown in Table 10 Site inventory, 72 of those units come from ADU’s and Sites 1-9 and A-G. <!--[if !supportLists]-->- <!--[endif]-->The remaining 174 Units come from a total of 43 Single Family parcels identified in Appendix C (all but 2 of which are Vacant Lots), each of which are anticipated to be subdivided into 2, 4 or more “Above Moderate Income” Units using the maximum subdivisions permitted under SB9. <!--[if !supportLists]-->- <!--[endif]-->I am attaching both Table 10 and Appendix C as separate email attachments for ease of reference. The Jan. 18 MEMO from the town staff states at follows (top of p.5): “If the Town cannot count any SB 9 Units, there is a shortfall of 92 units in the Above Moderate category.” The staff is expressly seeking guidance from the Town Council on whether to add additional “above moderate income” Units to the 434 Units already slated for the 2 Downtown Blocks (73 of which are already “above moderate income”). This is not counting approximately 70-115 more Downtown units from Belvedere. The number of additional “above moderate income” Units proposed for Downtown by the Staff appears to be between 37 and 117+ more Units (Staff Memo, tables 1 and 2, p.5-6). Even at the more modest number of 37 Units (Table 2, p6), the Staff Memo states that this would “concentrate the potential for 4 story buildings at the corner of Tiburon Blvd. and Beach Road” (end of p.5). This would be in addition to the Density Bonus that Developers will be entitled to by law if they include a qualifying percentage of low income and or moderate income units. A mere glance at the assumed numbers of low and moderate units for Sites 1-9 as a percentage of total Units makes it pretty clear that Developers will be entitled to an additional floor. And if the TC were to allow the Staff to add the “Commercial Bonus” of an additional floor, the height could reach 6 floors. These heights are clearly unacceptable. Previous meetings and resident input have made clear that increasing the total stories above 3 floors will have a serious and negative impact on the Downtown quality of life for a number of reasons. EVERYTHING POSSIBLE SHOULD BE DONE TO TRY AND PROTECT THE 3 STORY LIMIT. Any policy additions not required by law should be rejected. There is no valid reason to further burden the Downtown area and Residents with more housing. It can’t be denied that Downtown has essentially taken 100% of the brunt so far, while other Tiburon residents have escaped impact. A SATISFACTORY RESPONSE CAN BE MADE TO HCD’S REQUEST FOR SUPPORT OF THE 174 ‘ABOVE MODERATE INCOME’ UNITS WITHOUT REQUIRING ANY ADDITIONAL HOUSING DOWNTOWN. I can’t figure out how the Staff came up with a shortfall of only 92 units, but I certainly hope the Staff is correct. Unfortunately, I see a shortfall of 174 Units (that is the actual total units being attributed to SB 9 subdivision of the 43 single family parcels). It will be very helpful to have the Staff explain how they got the number 92 as the shortfall, instead of 174. Nonetheless, I am using the more conservative 174 units in my analysis. <!--[if !supportLists]-->1. <!--[endif]-->THE NEWLY ANNEXED PROPERTY ADJACENT TO PARADISE CAY: The Jan. 18th Staff memo notes that this site can be developed to accommodate 72+ “above moderate income” Units if re-zoned to just 25-30 Units per acre (not clear why the Staff didn’t calculate at this density in Table 2). These can be substituted for 72+ of the 174 units units in question, leaving 102 or less Units to justify. <!--[if !supportLists]-->2. <!--[endif]-->THE COVE: The Cove can accommodate 8-12 “above moderate income” Units on the portions of the site that the Owner and his Attorney have already expressly agreed to in writing as viable options. The Staff discussed this in its August 21 Memo to the Town Council after the owner of the Cove’s attorney sent the letter. This reduces the number to 86-90. Here are excerpts from that STAFF MEMO: Aug 31 2022 STAFF MEMO TO TC RE ADDING BACK SOME COVE PROPERTY “Council Direction On August 3, 2022, the Town Council held a public hearing and in response to public comment and desire to further analyze the site inventory directed staff to look for additional sites west of Trestle Glen, reduce the number of units in downtown and thereby reduce the buffer and to consider the Cove Shopping center southeast corner. Staff has found the following: ………. ”The Cove Shopping Center. Based on the letter provided by the property owner’s attorney on August 2, 2022, the property owner will support development in areas that are not currently used for commercial buildings or parking, i.e., the southeast corner of the property fronting Tiburon Boulevard, the pump station area, and the creek area. This area is approximately 1.1 acres and is currently in the Affordable Housing Overlay (AHO) district. This site has some physical constraints due to the required 50’ creek setback and the steep slope of the hill located in the southeast corner of the property. At most, the site could realistically yield 8-12 units. Due to higher construction costs to develop on this site, and the small number of potential units, staff does not believe this site is a viable candidate for an affordable housing development. The site could potentially be developed with market rate housing, yielding one or two units affordable to lower and moderate-income households under the Town’s Inclusionary Housing ordinance. Inclusion of the Cove was rejected by the Town Council at the very end of the meeting with no discussion or explanation for doing so, but presumably due to local resident objection, as was the basis for exclusion early on, when the Owner has verbally stated he was fine with ALL of the property being rezoned. Every one of the objections voiced by the nearby Cove residents in the past applies EQUALLY if not MORE to the Downtown area. IT IS TIME TO DO THE RIGHT THING AND ADD THE COVE SITES. <!--[if !supportLists]-->3. <!--[endif]-->THE 43 SINGLE FAMILY SITES IDENTIFIED IN APPENDIX C: Although it does seem a stretch to think that ALL 43 units will be subdivided to the maximum to create 174 Units under SB9, there are many other ways to provide support for the remaining shortfall of 86-90 “above moderate income” Units. <!--[if !supportLists]-->o <!--[endif]-->If the 40 vacant lots were all simply built out at existing lot size, that would add 40 more “above moderate income” units. <!--[if !supportLists]-->o <!--[endif]-->Further, while it might be unreasonable to assume ALL 43 LOTS would subdivided to the maximum, it would be equally unreasonable to assume that none will. This is particularly true if the Town can articulate the Standards and Incentives to do so, as requested by HCD and for which the Staff seeks further guidance from the Town Council. <!--[if !supportLists]-->o <!--[endif]-->The Staff and Consultants have the expertise to provide additional support and realistic scenarios, but here are my thoughts: <!--[if !supportLists]-->§ <!--[endif]-->Two of the vacant sites are so large they have the capacity to be developed into 7 and 11 units, respectively. Has there been any discussion with these owners? What incentives could be provided? <!--[if !supportLists]-->§ <!--[endif]-->Using a conservative estimate of just 15% of the 43 sites choosing to subdivide seems a reasonable assumption. This would add a 16-24 Units. <!--[if !supportLists]-->§ <!--[endif]-->One of the key themes the Town seems to be playing is that they are expecting a lot of Senior Citizens to move out of their large homes and into the smaller units Downtown. It seems reasonable that in selling those existing larger family homes, many would be interested in subdividing them to reap a higher sales price. So the “inventory” should not be limited to Appendix C list of single family vacant lots (or am I missing something??). Conservatively, this could add another 6+ home sales, for another 24 Units. <!--[if !supportLists]-->o <!--[endif]-->Based on the above, another 90+ units are generated. <!--[if !supportLists]-->o <!--[endif]-->There is no need to add more units to the downtown area. ISSUE #2: THERE SHOULD BE NO “ADDITIONAL FLOOR BONUS FOR INCLUDING COMMERCIAL SPACE”. The Housing Element submitted to HCD on September 22, 2022 included language saying that some Commercial space would be required on the Sites on the 4 corners of Tiburon Blvd. and Beach Road. At a minimum, a “small amount” of commercial space would be required at Site 3 (BofA) and commercial space would be required on the corner of Site 5, the Boardwalk. During the November 11, 2023 Town Council meeting, both Dina Tasani and Consultant Christine O’Rourke discussed a number of potential changes to the approach regarding commercial space at Sites 1-9. Several of us who participated in the zoom meeting had questions as to the basis for their conclusion that no commercial space could be required, but now way to have them answered during the meeting. The Jan 18 Staff Memo at P.8 says: “The rezoning must allow: <!--[if !supportLists]-->- <!--[endif]-->Multi-family residential use by right for developments in which at least 20% of the units are affordable to lower income households during the planning period. <!--[if !supportLists]-->- <!--[endif]-->50% of the very low and low-income RHNA has to be accommodated on sites designated for residential use and for which non-residential or mixed uses are not permitted – or – those units can be accommodated on mixed use sites if those sites allow 100% residential use and require that residential use occupy 50% of the total floor area of the mixed use project" We still do not understand where these requirements come from and when they apply and would appreciate the TC asking the Staff DURING TONIGHT’S TC MEETING to identify the specific statutes/legal citations which support for their conclusions. Because the Staff believe they cannot require any if the Downtown Sites to include any Commercial space, they are proposing to offer a “Commercial Bonus”, which would allow for the addition of another floor equal to the square footage of the commercial space the Owners/Developers voluntarily include. We believe it is vital that everything reasonable be done to require (if allowed) or incentivize the Downtown Owners/Developers to maintain adequate commercial space for the existing essential services such as a grocery, Post Office, Mail Service, drugstore, bank, coffee shops, gyms, local gift shops, pharmacy, banks etc. (We understand that the Town cannot dictate specific businesses by name.) Allowing the Developers to add another floor just for including some commercial space is NOT reasonable. It will increase the housing density and floor stories that are already likely to far exceed that is appropriate for our Downtown. As you know from prior meetings, there is considerable opposition by Downtown and other residents to creating any housing over 3 stories. Because of the Density Bonus law, it is already likely that many if not all of Sites 1-9 will quality for a Density Bonus — in some cases as much as 35% or more increased density. That will add a 4th floor (and heaven forbid, could it add another floor?). Allowing for a “Commercial Bonus” will result in the potential for a 5th or even sixth floor. <!--[if !supportLists]-->- <!--[endif]-->This will dramatically change the Downtown area in many negative ways, removing views of the hills and sky. <!--[if !supportLists]-->- <!--[endif]-->This is, of course, in addition to all of the health, safety, traffic and other negative impacts that will increase with even further housing density Downtown. Requested Action: <!--[if !supportLists]-->1. <!--[endif]-->Confirm whether or not any amount of Commercial Space can be required for the Downtown Sites. If yes, include zoning requirements for a reasonable amount of commercial space. <!--[if !supportLists]-->2. <!--[endif]--> IF IT IS CONFIRMED THAT AS A MATTER OF LAW COMMERCIAL SPACE CANNOT BE REQUIRED FOR SITES 1-9, THE ‘COMMERCIAL BONUS’ STILL SHOULD NOT BE OFFERED. STAFF AND CONSULTANTS AND THE TOWN COUNCIL SHOULD WORK WITH THE PROPERTY OWNERS AND DEVELOPERS TO BE SURE THEY UNDERSTAND THE SERIOUS, NEGATIVE CONSEQUENCES OF ELIMINATING IMPORTANT LOCAL SERVICES. Thank-you, Dorene Curtis 106 Paradise Drive Sent from my iPad From:Dorene Curtis To:Jon Welner; Dina Tasini; Jack Ryan; Alice Fredericks USA.net; Noah Griffin; Holli Thier; Lea Dilena Subject:Re: Written Comments submitted by Dorene Curtis for Jan 18, 2023 Town Council Meeting discussion re: HOUSING ELEMENT REVISIONS Date:Wednesday, January 18, 2023 10:16:04 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. One typo… I misstated the page of the Staff memo. It should say page 3, not page 8. Thank you. he Jan 18 Staff Memo at P.8 says: “The rezoning must allow: - Multi-family residential use by right for developments in which at least 20% of the units are affordable to lower income households during the planning period. - 50% of the very low and low-income RHNA has to be accommodated on sites designated for residential use and for which non-residential or mixed uses are not permitted – or – those units can be accommodated on mixed use sites if those sites allow 100% residential use and require that residential use occupy 50% of the total floor area of the mixed use project" Sent from my iPad On Jan 18, 2023, at 9:26 AM, Dorene Curtis <dcurtisemail@gmail.com> wrote:  Dear Staff, Consultants, Mayor and Town Council Members, Thank you for giving me the opportunity to provide comments on this very important topic. ALTHOUGH MY COMMENTS ARE A TAD LENGTHY, IT IS MY HOPE THAT YOU WILL TAKE THE TIME TO READ THEM IN ADVANCE OF TONIGHTS MEETING. I SPENT A LOT OF TIME TRYING TO PROVIDE ALL OF THE FACTS AND CITATIONS SO THAT YOU HAVE THE FULL PICTURE. THANK-YOU IN ADVANCE FOR DOING SO! I agree with all of the comments provided by Julie and Seth Jacobs and Kathy Silverfield. I would like to focus on what I believe are the 2 most critical issues for the Town Council to provide direction to the Staff on at this time, in what is likely the last opportunity to do so in any meaningful way before the Staff submits the revised HE to From:Dorene CurtisTo:Jon Welner; Dina Tasini; Jack Ryan; Alice Fredericks USA.net; Noah Griffin; Holli Thier; Lea DilenaSubject:Re: Written Comments submitted by Dorene Curtis for Jan 18, 2023 Town Council Meeting discussion re: HOUSING ELEMENT REVISIONSDate:Wednesday, January 18, 2023 9:33:10 AMAttachments:image0.png CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attached for ease of reference is Section 3 Table 10: Sent from my iPad . Thank-you,Dorene Curtis 106 Paradise Drive Sent from my iPad From:Dorene Curtis To:Jon Welner; Dina Tasini; Jack Ryan; Alice Fredericks USA.net; Noah Griffin; Holli Thier; Lea Dilena Subject:Re: Written Comments submitted by Dorene Curtis for Jan 18, 2023 Town Council Meeting discussion re: HOUSING ELEMENT REVISIONS Date:Wednesday, January 18, 2023 9:35:27 AM Attachments:image0.png CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. And here is Appendix C From:Kathy and Gerry Silverfield To:Lea Dilena; Lea Dilena Cc:Dina Tasini; Jon Welner; Jack Ryan; Alice Fredericks USA.net; Holli Thier; Noah Griffin Subject:Comments Regarding January 18th Town Council Meeting, AI-3. Tiburon 2040 Draft Housing Element Date:Wednesday, January 18, 2023 9:35:48 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Tiburon Town Council, Tiburon Staff, Consultants, Concerned Tiburon Residents - Please carefully read the comments from Dorene Curtis and Julie and Seth Jacobs. Dorene offers good viable alternatives to the Town Staff proposal to increase density in Downtown Tiburon. Julie and Seth discuss safety issues – some already presented, some new such as tsunami and liquefaction concerns. Remember that the Town of Tiburon, Staff, Consultants, and State will be held morally if not legally responsible if there is a catastrophe – there have been enough documentation of safety issues being presented by a number of residents. Also, historically, it will be remembered how the charm and unique qualities of Downtown Tiburon wereeffectively destroyed. There are many issues which have been discussed many times but never really resolved. However, I am going to mention only 4 here. 1. The revised Housing Element Plan lists the requirements for sites to be eligible for the HE Plan. One requirement is: “Within walking distance of public transit facilities and services”. a. Who defined this as a requirement? b. What is the definition of walking distance? c. Where is there a list of each site that was rejected for consideration because of this requirement? If there is no such list, can one be made available? d. Were options for these sites considered – such as changing bus routes? 2. A change that was not identified in the Staff Report, Exhibit 1, or Exhibit 2 but is redlined in Exhibit 3 is a new Table in Chapter 4 – Table 17: Proposed Zoning Standards for Mixed Use and Main Street Zoning Districts. There are 2 lines in this table that discuss maximum height limits for these areas. As far as I can see, this is the only place where height limits are discussed for this area even though height has been a main area of contention. a. One line says Maximum height is 3 stories up to 45 feet. Why is the maximum 45 feet when some references say a mixed use 3 story building is about 35 feet or between 11 and 12 feet per story? b. Another line says Maximum height with commercial frontage height bonus is 4 stories up to 55 feet. When was this approved? At one meeting this was discussed as an option but I don’t recall it being approved. Also, why is the maximum 55 feet when some references say mixed usebuildings are about 11 to 12 feet per story? c. What happens in any situation, including the 4 story change proposed in the Staff report, if a density bonus floor is applied? Does this mean we have the potential of 5 story buildings along Tiburon Boulevard and Main Street? d. Are discussions of maximum height limits for mixed use, Main Street documented anywhere else besides in this table in Chapter 4? e. Will these height limits apply to non HE sites on Tiburon Boulevard or Main Street? <!--[if !supportLists]-->3. <!--[endif]-->The requirements for some commercial on the corners of Tiburon Boulevard and Beach have been removed from Exhibit 3. <!--[if !supportLists]-->a. <!--[endif]-->Is this because of the zoning rules stated in The Staff Report? Where are these rules documented? <!--[if !supportLists]-->b. <!--[endif]-->Does this mean that there are no requirements for commercial use in any of the sites 1 – 9 or A – G? Is Tiburon dependent on the goodwill of developers to have any commercial? <!--[if !supportLists]-->c. <!--[endif]-->Will these rules apply to non HE sites on Tiburon Boulevard or Main Street? <!--[if !supportLists]-->4. <!--[endif]--> I am very concerned that we submit questions to Tiburon Staff, Consultants, and the Town Council many times and almost never get answers – especially questions and concerns submitted through this process. <!--[if !supportLists]-->a. <!--[endif]-->Will we ever have a Question and Answer session where answers will be given at the time a question is asked and further clarification can be requested if necessary? <!--[if !supportLists]-->b. <!--[endif]-->Will there be a Town Hall type of session, where the major impacts, implications, and consequences of the Housing Element Plan can be explained and questions from Tiburon residents be answered? Thank you, Kathleen Silverfield Concerned Tiburon Resident From:Don Mathews To:Jack Ryan; Noah Griffin; Alice Fredericks; Holli Thier; Jon Welner Cc:Dina Tasini; Greg Chanis; Lea Dilena Subject:Jan. 18 - Housing Date:Wednesday, January 18, 2023 9:53:08 AM [Some people who received this message don't often get email from donaldommm@hotmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe. Town Council Members, As you know, California faces a critical challenge in providing housing to its population, and the state has mandatedaggressive goals for building in communities everywhere around the state in the next 8 years to deal with it. I just read the article in the Jan. 11 edition of The Ark about the CA state housing plan requirements for Tiburon. Inthe big context of traffic and housing that is affordable, and climate change and quality of life considerations, weface daunting decisions. In-fill is a better solution than sprawl in such considerations. Many workers commute toTiburon every day, and it would be desirable to have more workforce housing, and to encourage it to be built inaccordance with CA requirements and needs. Incentives for property owners to create accessory units for rent seemslike one relatively easy way to jumpstart an increase in housing. The remedies proposed by Jennifer Silvia, assummarized in the Ark article should all be given serious evaluation. There is a great conundrum in having a state mandated housing boom everywhere in California, and to do this at thesame time that action is also urgent to reduce climate-destabilizing greenhouse gas emissions. The “model reachcodes” that are recommended would help mitigate the cross purposes of these two goals. I drove from Palm Springs to Tiburon yesterday, and passed a big development of huge cookie-cutter homes alongHighway 5 on the outskirts of Tracy, and then past more than 30 miles of stop-and-go traffic at commuter “rushhour” that was heading from the Bay Area east to Tracy and points beyond. Seeking affordable housing, countlessthousands of people commute more than an hour each way to their jobs every day (more than 15% of commuters areestimated to have such extreme commutes), and as they do so, they profligately spew greenhouse gases into theatmosphere and waste unbelievable amounts of their time and lives. Remedial change must be encouraged. Sincerely, Don Mathews 50 Harbor Oak Dr., #31 Tiburon (415) 599-6670 From:Kathy and Gerry Silverfield To:Lea Dilena; Lea Dilena Subject:Comment for the January 18th, 2023 Town Council Meeting regarding Action Item 3 - Tiburon 2040 Draft Housing Element Date:Wednesday, January 18, 2023 10:57:10 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Do we want Downtown Tiburon to look like Emeryville? Photo from https://baystreetemeryville.com/. Kathleen Silverfield Concerned Tiburon Resident Tiburon Town Council January 18, 2023 AI-3: Tiburon 2040 Draft Housing Element Late Mail Requests for Copies: Lea Dilena, ldilena@townoftiburon.org You don't often get email from sandraw1@yahoo.com. Learn why this is important From:Dina Tasini To:Lea Dilena Subject:FW: Tiburon Housing Plans Date:Tuesday, January 17, 2023 1:35:35 PM Late mail Dina Tasini Director of Community Development Town Of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 (415) 435-7393 www.townoftiburon.org From: sandra wolf <sandraw1@yahoo.com> Sent: Monday, January 16, 2023 2:21 PM To: Dina Tasini <dtasini@townoftiburon.org>; Jon Welner <jwelner@townoftiburon.org>; Jack Ryan <jryan@townoftiburon.org>; Noah Griffin <ngriffin@townoftiburon.org>; Holli Thier <hthier@townoftiburon.org>; Alice Fredericks USA.net <askalicenow@usa.net> Subject: Tiburon Housing Plans CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I support the building of low-income affordable housing in Tiburon. I feel there is a need in our community . I do not feel there is an equal need to provide mid or high income housing when such overbuilding will change the character of this small, beautiful community. Overbuilding will dramatically increase our traffic problems, eliminate a great deal of our parking for commercial usage, overtax our water sources and block our scenic views with 4 story construction at the sidewalk lines. We do not want to drive into a corridor of densely packed buildings. It makes greater sense to spread out the new construction and include the Cove area closer to the highway so workers will be able to get in and out of this area. If flood prone areas of downtown Tiburon require building 2’ above flood elevations, the same must be available in the Cove area. Furthermore, what good is a traffic mitigation fee if there is no way to widen or increase traffic flow in and out of Tiburon? Sandra Mellow Wolf 117 Paradise Drive Tiburon, CA 94920 415-889-5774 From:Dina Tasini To:Lea Dilena Subject:FW: Proposed Modification to HOUSING ELEMENT Plan Date:Tuesday, January 17, 2023 1:36:25 PM Late Mail Dina Tasini Director of Community Development Town Of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 (415) 435-7393 www.townoftiburon.org From: Molly Dick <mollydick3@gmail.com> Sent: Monday, January 16, 2023 11:36 AM To: Dina Tasini <dtasini@townoftiburon.org> Subject: Proposed Modification to HOUSING ELEMENT Plan CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.  DenaAs a resident of Downtown Tiburon, I strongly object to the proposal to further modify the HousingElement Plan, the zoning laws and the Objective Design Standards to add even more housing units to the Downtown area - potentially as many as 127+ additional units to the already proposed 434+Downtown Units (and approximately 115+ additional Downtown units proposed by Belvedere). Theburden being placed on the Downtown area, including the traffic, safety and quality of life changes,already imposes a serious and inequitable burden on Downtown residents of both Tiburon and Belvedere to bear the brunt of the potentially devastating impacts. It is time for the rest of Tiburonto accept some responsibility — by adding sites at the newly annexed property adjacent to ParadiseCay, and adding back the previously acknowledged potential units at the Cove on those portions ofthe property the Owner has expressly agreed to in writing, which to date has been protected for no valid reason other than deference to the nearby Cove residents who have voiced opposition.” This is not in the best interest of our Town. This is frankly reprehensible. Molly Dick 5 Cazadero Lane Mobile 415/595-9669 From:Dina Tasini To:Lea Dilena Subject:FW: Written comments on proposed revisions to draft Housing Element in response to HCD’s feedback Date:Tuesday, January 17, 2023 1:36:59 PM Attachments:IMG_0371.PNG Liquefaction Hazard Maps.png Fyi late mail Dina Tasini Director of Community Development Town Of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 (415) 435-7393 www.townoftiburon.org From: JULIE JACOBS <jsj13@aol.com> Sent: Sunday, January 15, 2023 8:12 PM To: Dina Tasini <dtasini@townoftiburon.org> Subject: Written comments on proposed revisions to draft Housing Element in response to HCD’s feedback CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Dina, We know that the recent storms have posed challenges as we’ve entered the New Year. We hope that you and your loved ones have stayed safe and well. Thank you for sharing HCD’s feedback on Tiburon’s Draft Housing Element and staff’s proposed changes in response. The following are our concerns regarding the proposed changes: 1) They continue to concentrate all high density housing within 2 blocks downtown, and at the Mar West and Reed School Parcels, while proposing increases to the densities. This is unacceptable because it: a) Ignores the state’s directive to spread affordable housing throughout town (see HCD letter of December 23rd, 2022 to Dina Tasini, Appendix, Section B. Housing Needs, Resources, and Constraints, 1.AFFH Sites Inventory: "The element must identify sites throughout the community to foster inclusive communities."). b) Ignores previous direction from Town Council to staff to place a 3 story height cap on new high density housing downtown. Please make this Height Cap explicit and enforceable. Please do not undermine it by offering a 4th and more stories to incentivize development or to retain businesses downtown which should be retained without incentives because they are essential to quality of life, such as the grocery, post office, bank, pharmacy, restaurants. The density bonus will likely already add to heights of buildings. Concentrating the high density housing downtown is a safety issue because of Emergency Evacuation chokepoints created by traffic congestion along the single lane of Tiburon Boulevard out of downtown. It is also a safety issue relating to emergency vehicle access, with Police, Fire, and EMS vehicles all located in the Housing Element's high density housing areas along the single lane of Tiburon Boulevard. c) Ignores changes to the Tsunami Hazard and Evacuation Zone map which came out after Tiburon submitted its first draft housing element to HCD. That new information places all of the downtown high density housing in a Tsunami Hazard and Evacuation zone. This adds to the urgency of protecting emergency evacuation routes. d) Ignores that the downtown high density housing sites are in a liquefaction zone, rendering the multi-story residences at risk of collapse in an earthquake. See USGS Liquefaction Susceptibility Maps, Nine-County San Francisco Bay Region, pubs.usgs.gov https://pubs.usgs.gov/of/2000/of00-444/of00-444_8b.pdf Staff acknowledged the high water table when it said that flooding risk would lead to the assumption that high density housing downtown would not have underground parking, and flooding risks would need to be accommodated by raising the entrances above flood heights at ground level. The risks this creates are vividly illustrated by the building collapses in the Marina District of San Francisco during the 1989 Loma Prieta earthquake. e)The suggestion that flooding risks can be addressed by raising entrances above ground level ignores the accessibility obstacles that raised entrances would pose to the elderly and disabled residents intended to occupy the new downtown High Density sites. It also fails to take into account the risk of far greater additional flooding risk from climate change-generated sea level rise for those locations so close to the Bay. 2) The Cove should be added back into the sites for housing. The undeveloped property at the Cove which the owner has said he is willing to consider for housing, as well as mixed use of the remaining commercial properties in the Cove Shopping Center with residential added above, should be added back into the draft Housing Element. This would comply with HCD’s directive that new housing, especially affordable housing, should be spread throughout town. The consultants, staff and Town Council have treated the CVS property downtown and The Cove shopping area inconsistently with regard to whether they should be excluded from consideration because the owner isn’t interest in developing them for residential use or high density residential use. They have also been treated inconsistently with respect to objections from neighbors and concerns about flooding risks. This is unacceptable. Treating these two parcels consistently by adding the Cove back into the sites to be rezoned for housing will reduce pressure to add additional stories to properties downtown in order to meet ABAG’s RHNA allocation. Furthermore, The Cove makes more sense as a location for re-zoning for housing because it is located along a wider segment of Tiburon Boulevard, making emergency evacuation safer and easier. In addition, like downtown, The Cove includes a grocery, cleaners, mailing business, hairdresser, restaurants, bakery, and coffee shop which would be appealing to elderly and disabled new residents without a car. It also makes more sense for housing because it is within walking distance of Bel Aire Elementary School and a bus stop for easy commuting to highway 101, schools, and downtown. 3) The newly annexed Paradise Drive parcel near Paradise Cay should be added to the sites to be rezoned for high density housing. This would comply with HCD’s directive that new housing, especially affordable housing, should be spread throughout town. It would reduce pressure to add high density housing downtown. It would lessen traffic congestion on Tiburon Boulevard. It is close to the Nugget Market on Paradise Drive. It will also help to make up for the shortfall in the Above Moderate RHNA. Thank you for your kind consideration. We know that this has been a challenging process. Best wishes, Julie and Seth Jacobs From:Lori Horne To:Dina Tasini Cc:Town Subject:Proposed Modification to Housing Element Plan Date:Tuesday, January 17, 2023 2:49:37 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To: Dina Tasini: As a resident of Tiburon over 30 years, I strongly object to the proposed modification of the Housing Element Plan, the zoning laws and the Objective Design Standards to addevenmore housing to the Tiburon Downtown area - potentially adding 127 plus additional units to the already proposed 434+ Downtown units. As many of us have previouslyexpressed toyou and to members of the Town Council, this current plan places a terrible burden on Downtown residents and the citizens of Tiburon who come daily to the Downtown area for shopping,eating, and using other services currently offered in the Downtown area. We have already pointed out the devastating potential of floods or earthquakes on the large number ofresidents that will be living in that small space of land who try to escape on a one lane road. I, and many members of our Tiburon community, strongly suggest that new housing be spread more equitably around the city, adding sites at the newly annexed property adjacent to ParadiseCay, and revisiting the potential of placing units at the Cove on portions of the property in which the Owner has previously expressed an interest. In every area of Tiburon, citizens have beenreluctant to accept new housing in their areas, but it is time to revisit the consideration of these areas to make the entire project more equitable for our city. Lori and Mark Horne69 Reed Ranch Road Tiburon 94920 From:Dorene Curtis To:Jon Welner; Dina Tasini; Jack Ryan; Alice Fredericks USA.net; Noah Griffin; Holli Thier; Lea Dilena Subject:Written Comments submitted by Dorene Curtis for Jan 18, 2023 Town Council Meeting discussion re: HOUSING ELEMENT REVISIONS Date:Wednesday, January 18, 2023 9:26:25 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Staff, Consultants, Mayor and Town Council Members, Thank you for giving me the opportunity to provide comments on this very important topic. ALTHOUGH MY COMMENTS ARE A TAD LENGTHY, IT IS MY HOPE THAT YOU WILL TAKE THE TIME TO READ THEM IN ADVANCE OF TONIGHTS MEETING. I SPENT A LOT OF TIME TRYING TO PROVIDE ALL OF THE FACTS AND CITATIONS SO THAT YOU HAVE THE FULL PICTURE. THANK-YOU IN ADVANCE FOR DOING SO! I agree with all of the comments provided by Julie and Seth Jacobs and Kathy Silverfield. I would like to focus on what I believe are the 2 most critical issues for the Town Council to provide direction to the Staff on at this time, in what is likely the last opportunity to do so in any meaningful way before the Staff submits the revised HE to HCD. (I saw no suggestion of another TC meeting or Special Meeting to consider resident comments after the mandatory 7 day review period before the revisions are submitted.) As a preliminary comment, I’d like to point out that not all of the HE revisions discussed in the Draft letter back to HCD appear in ‘mark-up’ in the revised HE, so please do not rely on review of the “HE Mark-up” alone to identify all proposed changes. (This is particularly true in Section 3 where changes to the descriptions of Sites 1-9 and the addition of descriptions for Sites A-F DO NOT appear in mark- up.) SUMMARY: The two issues I believe are critical are as follows: <!--[if !supportLists]-->1. <!--[endif]-->The Staff should be directed to NOT ADD ANY FURTHER HOUSING UNITS TO THE 2 BLOCKS DOWNTOWN. To do so is totally unnecessary, and will result in increasing the number of floors even more than the current realistic level of at least 4 floors on most of sites 1-9. THIS REALISTIC 4 STORY LEVEL IS ALREADY 1 MORE FLOOR THAN THE 3 FLOOR LIMIT THE TOWN COUNCIL previously agreed was appropriate and said they would endeavor to maintain. We are asking that the Town Council do everything in its power to be sure they understand the legal requirements and protect this 3 STORY LIMIT TO THE MAXIMUM EXTENT POSSIBLE. As explained in more detail below, there are others ways to address HCD’s comment on the plan to Generate 174 “above moderate” Units through SB9 subdivisions. <!--[if !supportLists]-->2. <!--[endif]-->The Staff should be directed to REMOVE THE NEWLY ADDED “COMMERCIAL BONUS” allowing developers to add a Fourth Floor if they maintain commercial space. This is also discussed in more detail below. DISCUSSION: Below is a more detailed discussion of these issues: ISSUE #1: THE STAFF REQUEST TO ADD MORE HOUSING UNITS IN THE 2 BLOCK AREA DOWNTOWN SHOULD CLEARLY BE DENIED: This request stems from HCD’S “Comment 11” on the Town’s use of SB9 to support the projected 174 “Above Moderate Income” Units in the submitted Housing Element: “Use of Senate Bill 9 (Statutes of 2021) Projections: The element is projecting development of four single-family homes on each qualifying vacant single-family lot in Appendix C for a total of 174 units based on the passage of SB 9 (Statutes of 2021) to accommodate a portion of its above moderate income RHNA. To utilize projections based on SB 9 legislation, the element must support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through SB 9 and include programs and policies that establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development at the anticipated development levels.” BACKGROUND: <!--[if !supportLists]-->- <!--[endif]-->The RHNA has allocated to Tiburon a total of 243 Units for “Above Moderate Income”. Tiburon has added a buffer of 3 more units. <!--[if !supportLists]-->- <!--[endif]-->As shown in Table 10 Site inventory, 72 of those units come from ADU’s and Sites 1-9 and A-G. <!--[if !supportLists]-->- <!--[endif]-->The remaining 174 Units come from a total of 43 Single Family parcels identified in Appendix C (all but 2 of which are Vacant Lots), each of which are anticipated to be subdivided into 2, 4 or more “Above Moderate Income” Units using the maximum subdivisions permitted under SB9. <!--[if !supportLists]-->- <!--[endif]-->I am attaching both Table 10 and Appendix C as separate email attachments for ease of reference. The Jan. 18 MEMO from the town staff states at follows (top of p.5): “If the Town cannot count any SB 9 Units, there is a shortfall of 92 units in the Above Moderate category.” The staff is expressly seeking guidance from the Town Council on whether to add additional “above moderate income” Units to the 434 Units already slated for the 2 Downtown Blocks (73 of which are already “above moderate income”). This is not counting approximately 70-115 more Downtown units from Belvedere. The number of additional “above moderate income” Units proposed for Downtown by the Staff appears to be between 37 and 117+ more Units (Staff Memo, tables 1 and 2, p.5-6). Even at the more modest number of 37 Units (Table 2, p6), the Staff Memo states that this would “concentrate the potential for 4 story buildings at the corner of Tiburon Blvd. and Beach Road” (end of p.5). This would be in addition to the Density Bonus that Developers will be entitled to by law if they include a qualifying percentage of low income and or moderate income units. A mere glance at the assumed numbers of low and moderate units for Sites 1-9 as a percentage of total Units makes it pretty clear that Developers will be entitled to an additional floor. And if the TC were to allow the Staff to add the “Commercial Bonus” of an additional floor, the height could reach 6 floors. These heights are clearly unacceptable. Previous meetings and resident input have made clear that increasing the total stories above 3 floors will have a serious and negative impact on the Downtown quality of life for a number of reasons. EVERYTHING POSSIBLE SHOULD BE DONE TO TRY AND PROTECT THE 3 STORY LIMIT. Any policy additions not required by law should be rejected. There is no valid reason to further burden the Downtown area and Residents with more housing. It can’t be denied that Downtown has essentially taken 100% of the brunt so far, while other Tiburon residents have escaped impact. A SATISFACTORY RESPONSE CAN BE MADE TO HCD’S REQUEST FOR SUPPORT OF THE 174 ‘ABOVE MODERATE INCOME’ UNITS WITHOUT REQUIRING ANY ADDITIONAL HOUSING DOWNTOWN. I can’t figure out how the Staff came up with a shortfall of only 92 units, but I certainly hope the Staff is correct. Unfortunately, I see a shortfall of 174 Units (that is the actual total units being attributed to SB 9 subdivision of the 43 single family parcels). It will be very helpful to have the Staff explain how they got the number 92 as the shortfall, instead of 174. Nonetheless, I am using the more conservative 174 units in my analysis. <!--[if !supportLists]-->1. <!--[endif]-->THE NEWLY ANNEXED PROPERTY ADJACENT TO PARADISE CAY: The Jan. 18th Staff memo notes that this site can be developed to accommodate 72+ “above moderate income” Units if re-zoned to just 25-30 Units per acre (not clear why the Staff didn’t calculate at this density in Table 2). These can be substituted for 72+ of the 174 units units in question, leaving 102 or less Units to justify. <!--[if !supportLists]-->2. <!--[endif]-->THE COVE: The Cove can accommodate 8-12 “above moderate income” Units on the portions of the site that the Owner and his Attorney have already expressly agreed to in writing as viable options. The Staff discussed this in its August 21 Memo to the Town Council after the owner of the Cove’s attorney sent the letter. This reduces the number to 86-90. Here are excerpts from that STAFF MEMO: Aug 31 2022 STAFF MEMO TO TC RE ADDING BACK SOME COVE PROPERTY “Council Direction On August 3, 2022, the Town Council held a public hearing and in response to public comment and desire to further analyze the site inventory directed staff to look for additional sites west of Trestle Glen, reduce the number of units in downtown and thereby reduce the buffer and to consider the Cove Shopping center southeast corner. Staff has found the following: ………. ”The Cove Shopping Center. Based on the letter provided by the property owner’s attorney on August 2, 2022, the property owner will support development in areas that are not currently used for commercial buildings or parking, i.e., the southeast corner of the property fronting Tiburon Boulevard, the pump station area, and the creek area. This area is approximately 1.1 acres and is currently in the Affordable Housing Overlay (AHO) district. This site has some physical constraints due to the required 50’ creek setback and the steep slope of the hill located in the southeast corner of the property. At most, the site could realistically yield 8-12 units. Due to higher construction costs to develop on this site, and the small number of potential units, staff does not believe this site is a viable candidate for an affordable housing development. The site could potentially be developed with market rate housing, yielding one or two units affordable to lower and moderate-income households under the Town’s Inclusionary Housing ordinance. Inclusion of the Cove was rejected by the Town Council at the very end of the meeting with no discussion or explanation for doing so, but presumably due to local resident objection, as was the basis for exclusion early on, when the Owner has verbally stated he was fine with ALL of the property being rezoned. Every one of the objections voiced by the nearby Cove residents in the past applies EQUALLY if not MORE to the Downtown area. IT IS TIME TO DO THE RIGHT THING AND ADD THE COVE SITES. <!--[if !supportLists]-->3. <!--[endif]-->THE 43 SINGLE FAMILY SITES IDENTIFIED IN APPENDIX C: Although it does seem a stretch to think that ALL 43 units will be subdivided to the maximum to create 174 Units under SB9, there are many other ways to provide support for the remaining shortfall of 86-90 “above moderate income” Units. <!--[if !supportLists]-->o <!--[endif]-->If the 40 vacant lots were all simply built out at existing lot size, that would add 40 more “above moderate income” units. <!--[if !supportLists]-->o <!--[endif]-->Further, while it might be unreasonable to assume ALL 43 LOTS would subdivided to the maximum, it would be equally unreasonable to assume that none will. This is particularly true if the Town can articulate the Standards and Incentives to do so, as requested by HCD and for which the Staff seeks further guidance from the Town Council. <!--[if !supportLists]-->o <!--[endif]-->The Staff and Consultants have the expertise to provide additional support and realistic scenarios, but here are my thoughts: <!--[if !supportLists]-->§ <!--[endif]-->Two of the vacant sites are so large they have the capacity to be developed into 7 and 11 units, respectively. Has there been any discussion with these owners? What incentives could be provided? <!--[if !supportLists]-->§ <!--[endif]-->Using a conservative estimate of just 15% of the 43 sites choosing to subdivide seems a reasonable assumption. This would add a 16-24 Units. <!--[if !supportLists]-->§ <!--[endif]-->One of the key themes the Town seems to be playing is that they are expecting a lot of Senior Citizens to move out of their large homes and into the smaller units Downtown. It seems reasonable that in selling those existing larger family homes, many would be interested in subdividing them to reap a higher sales price. So the “inventory” should not be limited to Appendix C list of single family vacant lots (or am I missing something??). Conservatively, this could add another 6+ home sales, for another 24 Units. <!--[if !supportLists]-->o <!--[endif]-->Based on the above, another 90+ units are generated. <!--[if !supportLists]-->o <!--[endif]-->There is no need to add more units to the downtown area. ISSUE #2: THERE SHOULD BE NO “ADDITIONAL FLOOR BONUS FOR INCLUDING COMMERCIAL SPACE”. The Housing Element submitted to HCD on September 22, 2022 included language saying that some Commercial space would be required on the Sites on the 4 corners of Tiburon Blvd. and Beach Road. At a minimum, a “small amount” of commercial space would be required at Site 3 (BofA) and commercial space would be required on the corner of Site 5, the Boardwalk. During the November 11, 2023 Town Council meeting, both Dina Tasani and Consultant Christine O’Rourke discussed a number of potential changes to the approach regarding commercial space at Sites 1-9. Several of us who participated in the zoom meeting had questions as to the basis for their conclusion that no commercial space could be required, but now way to have them answered during the meeting. The Jan 18 Staff Memo at P.8 says: “The rezoning must allow: <!--[if !supportLists]-->- <!--[endif]-->Multi-family residential use by right for developments in which at least 20% of the units are affordable to lower income households during the planning period. <!--[if !supportLists]-->- <!--[endif]-->50% of the very low and low-income RHNA has to be accommodated on sites designated for residential use and for which non-residential or mixed uses are not permitted – or – those units can be accommodated on mixed use sites if those sites allow 100% residential use and require that residential use occupy 50% of the total floor area of the mixed use project" We still do not understand where these requirements come from and when they apply and would appreciate the TC asking the Staff DURING TONIGHT’S TC MEETING to identify the specific statutes/legal citations which support for their conclusions. Because the Staff believe they cannot require any if the Downtown Sites to include any Commercial space, they are proposing to offer a “Commercial Bonus”, which would allow for the addition of another floor equal to the square footage of the commercial space the Owners/Developers voluntarily include. We believe it is vital that everything reasonable be done to require (if allowed) or incentivize the Downtown Owners/Developers to maintain adequate commercial space for the existing essential services such as a grocery, Post Office, Mail Service, drugstore, bank, coffee shops, gyms, local gift shops, pharmacy, banks etc. (We understand that the Town cannot dictate specific businesses by name.) Allowing the Developers to add another floor just for including some commercial space is NOT reasonable. It will increase the housing density and floor stories that are already likely to far exceed that is appropriate for our Downtown. As you know from prior meetings, there is considerable opposition by Downtown and other residents to creating any housing over 3 stories. Because of the Density Bonus law, it is already likely that many if not all of Sites 1-9 will quality for a Density Bonus — in some cases as much as 35% or more increased density. That will add a 4th floor (and heaven forbid, could it add another floor?). Allowing for a “Commercial Bonus” will result in the potential for a 5th or even sixth floor. <!--[if !supportLists]-->- <!--[endif]-->This will dramatically change the Downtown area in many negative ways, removing views of the hills and sky. <!--[if !supportLists]-->- <!--[endif]-->This is, of course, in addition to all of the health, safety, traffic and other negative impacts that will increase with even further housing density Downtown. Requested Action: <!--[if !supportLists]-->1. <!--[endif]-->Confirm whether or not any amount of Commercial Space can be required for the Downtown Sites. If yes, include zoning requirements for a reasonable amount of commercial space. <!--[if !supportLists]-->2. <!--[endif]--> IF IT IS CONFIRMED THAT AS A MATTER OF LAW COMMERCIAL SPACE CANNOT BE REQUIRED FOR SITES 1-9, THE ‘COMMERCIAL BONUS’ STILL SHOULD NOT BE OFFERED. STAFF AND CONSULTANTS AND THE TOWN COUNCIL SHOULD WORK WITH THE PROPERTY OWNERS AND DEVELOPERS TO BE SURE THEY UNDERSTAND THE SERIOUS, NEGATIVE CONSEQUENCES OF ELIMINATING IMPORTANT LOCAL SERVICES. Thank-you, Dorene Curtis 106 Paradise Drive Sent from my iPad From:Dorene Curtis To:Jon Welner; Dina Tasini; Jack Ryan; Alice Fredericks USA.net; Noah Griffin; Holli Thier; Lea Dilena Subject:Re: Written Comments submitted by Dorene Curtis for Jan 18, 2023 Town Council Meeting discussion re: HOUSING ELEMENT REVISIONS Date:Wednesday, January 18, 2023 10:16:04 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. One typo… I misstated the page of the Staff memo. It should say page 3, not page 8. Thank you. he Jan 18 Staff Memo at P.8 says: “The rezoning must allow: - Multi-family residential use by right for developments in which at least 20% of the units are affordable to lower income households during the planning period. - 50% of the very low and low-income RHNA has to be accommodated on sites designated for residential use and for which non-residential or mixed uses are not permitted – or – those units can be accommodated on mixed use sites if those sites allow 100% residential use and require that residential use occupy 50% of the total floor area of the mixed use project" Sent from my iPad On Jan 18, 2023, at 9:26 AM, Dorene Curtis <dcurtisemail@gmail.com> wrote:  Dear Staff, Consultants, Mayor and Town Council Members, Thank you for giving me the opportunity to provide comments on this very important topic. ALTHOUGH MY COMMENTS ARE A TAD LENGTHY, IT IS MY HOPE THAT YOU WILL TAKE THE TIME TO READ THEM IN ADVANCE OF TONIGHTS MEETING. I SPENT A LOT OF TIME TRYING TO PROVIDE ALL OF THE FACTS AND CITATIONS SO THAT YOU HAVE THE FULL PICTURE. THANK-YOU IN ADVANCE FOR DOING SO! I agree with all of the comments provided by Julie and Seth Jacobs and Kathy Silverfield. I would like to focus on what I believe are the 2 most critical issues for the Town Council to provide direction to the Staff on at this time, in what is likely the last opportunity to do so in any meaningful way before the Staff submits the revised HE to From:Dorene CurtisTo:Jon Welner; Dina Tasini; Jack Ryan; Alice Fredericks USA.net; Noah Griffin; Holli Thier; Lea DilenaSubject:Re: Written Comments submitted by Dorene Curtis for Jan 18, 2023 Town Council Meeting discussion re: HOUSING ELEMENT REVISIONSDate:Wednesday, January 18, 2023 9:33:10 AMAttachments:image0.png CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attached for ease of reference is Section 3 Table 10: Sent from my iPad . Thank-you,Dorene Curtis 106 Paradise Drive Sent from my iPad From:Dorene Curtis To:Jon Welner; Dina Tasini; Jack Ryan; Alice Fredericks USA.net; Noah Griffin; Holli Thier; Lea Dilena Subject:Re: Written Comments submitted by Dorene Curtis for Jan 18, 2023 Town Council Meeting discussion re: HOUSING ELEMENT REVISIONS Date:Wednesday, January 18, 2023 9:35:27 AM Attachments:image0.png CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. And here is Appendix C From:Kathy and Gerry Silverfield To:Lea Dilena; Lea Dilena Cc:Dina Tasini; Jon Welner; Jack Ryan; Alice Fredericks USA.net; Holli Thier; Noah Griffin Subject:Comments Regarding January 18th Town Council Meeting, AI-3. Tiburon 2040 Draft Housing Element Date:Wednesday, January 18, 2023 9:35:48 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Tiburon Town Council, Tiburon Staff, Consultants, Concerned Tiburon Residents - Please carefully read the comments from Dorene Curtis and Julie and Seth Jacobs. Dorene offers good viable alternatives to the Town Staff proposal to increase density in Downtown Tiburon. Julie and Seth discuss safety issues – some already presented, some new such as tsunami and liquefaction concerns. Remember that the Town of Tiburon, Staff, Consultants, and State will be held morally if not legally responsible if there is a catastrophe – there have been enough documentation of safety issues being presented by a number of residents. Also, historically, it will be remembered how the charm and unique qualities of Downtown Tiburon wereeffectively destroyed. There are many issues which have been discussed many times but never really resolved. However, I am going to mention only 4 here. 1. The revised Housing Element Plan lists the requirements for sites to be eligible for the HE Plan. One requirement is: “Within walking distance of public transit facilities and services”. a. Who defined this as a requirement? b. What is the definition of walking distance? c. Where is there a list of each site that was rejected for consideration because of this requirement? If there is no such list, can one be made available? d. Were options for these sites considered – such as changing bus routes? 2. A change that was not identified in the Staff Report, Exhibit 1, or Exhibit 2 but is redlined in Exhibit 3 is a new Table in Chapter 4 – Table 17: Proposed Zoning Standards for Mixed Use and Main Street Zoning Districts. There are 2 lines in this table that discuss maximum height limits for these areas. As far as I can see, this is the only place where height limits are discussed for this area even though height has been a main area of contention. a. One line says Maximum height is 3 stories up to 45 feet. Why is the maximum 45 feet when some references say a mixed use 3 story building is about 35 feet or between 11 and 12 feet per story? b. Another line says Maximum height with commercial frontage height bonus is 4 stories up to 55 feet. When was this approved? At one meeting this was discussed as an option but I don’t recall it being approved. Also, why is the maximum 55 feet when some references say mixed usebuildings are about 11 to 12 feet per story? c. What happens in any situation, including the 4 story change proposed in the Staff report, if a density bonus floor is applied? Does this mean we have the potential of 5 story buildings along Tiburon Boulevard and Main Street? d. Are discussions of maximum height limits for mixed use, Main Street documented anywhere else besides in this table in Chapter 4? e. Will these height limits apply to non HE sites on Tiburon Boulevard or Main Street? <!--[if !supportLists]-->3. <!--[endif]-->The requirements for some commercial on the corners of Tiburon Boulevard and Beach have been removed from Exhibit 3. <!--[if !supportLists]-->a. <!--[endif]-->Is this because of the zoning rules stated in The Staff Report? Where are these rules documented? <!--[if !supportLists]-->b. <!--[endif]-->Does this mean that there are no requirements for commercial use in any of the sites 1 – 9 or A – G? Is Tiburon dependent on the goodwill of developers to have any commercial? <!--[if !supportLists]-->c. <!--[endif]-->Will these rules apply to non HE sites on Tiburon Boulevard or Main Street? <!--[if !supportLists]-->4. <!--[endif]--> I am very concerned that we submit questions to Tiburon Staff, Consultants, and the Town Council many times and almost never get answers – especially questions and concerns submitted through this process. <!--[if !supportLists]-->a. <!--[endif]-->Will we ever have a Question and Answer session where answers will be given at the time a question is asked and further clarification can be requested if necessary? <!--[if !supportLists]-->b. <!--[endif]-->Will there be a Town Hall type of session, where the major impacts, implications, and consequences of the Housing Element Plan can be explained and questions from Tiburon residents be answered? Thank you, Kathleen Silverfield Concerned Tiburon Resident From:Don Mathews To:Jack Ryan; Noah Griffin; Alice Fredericks; Holli Thier; Jon Welner Cc:Dina Tasini; Greg Chanis; Lea Dilena Subject:Jan. 18 - Housing Date:Wednesday, January 18, 2023 9:53:08 AM [Some people who received this message don't often get email from donaldommm@hotmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe. Town Council Members, As you know, California faces a critical challenge in providing housing to its population, and the state has mandatedaggressive goals for building in communities everywhere around the state in the next 8 years to deal with it. I just read the article in the Jan. 11 edition of The Ark about the CA state housing plan requirements for Tiburon. Inthe big context of traffic and housing that is affordable, and climate change and quality of life considerations, weface daunting decisions. In-fill is a better solution than sprawl in such considerations. Many workers commute toTiburon every day, and it would be desirable to have more workforce housing, and to encourage it to be built inaccordance with CA requirements and needs. Incentives for property owners to create accessory units for rent seemslike one relatively easy way to jumpstart an increase in housing. The remedies proposed by Jennifer Silvia, assummarized in the Ark article should all be given serious evaluation. There is a great conundrum in having a state mandated housing boom everywhere in California, and to do this at thesame time that action is also urgent to reduce climate-destabilizing greenhouse gas emissions. The “model reachcodes” that are recommended would help mitigate the cross purposes of these two goals. I drove from Palm Springs to Tiburon yesterday, and passed a big development of huge cookie-cutter homes alongHighway 5 on the outskirts of Tracy, and then past more than 30 miles of stop-and-go traffic at commuter “rushhour” that was heading from the Bay Area east to Tracy and points beyond. Seeking affordable housing, countlessthousands of people commute more than an hour each way to their jobs every day (more than 15% of commuters areestimated to have such extreme commutes), and as they do so, they profligately spew greenhouse gases into theatmosphere and waste unbelievable amounts of their time and lives. Remedial change must be encouraged. Sincerely, Don Mathews 50 Harbor Oak Dr., #31 Tiburon (415) 599-6670 From:Kathy and Gerry Silverfield To:Lea Dilena; Lea Dilena Subject:Comment for the January 18th, 2023 Town Council Meeting regarding Action Item 3 - Tiburon 2040 Draft Housing Element Date:Wednesday, January 18, 2023 10:57:10 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Do we want Downtown Tiburon to look like Emeryville? Photo from https://baystreetemeryville.com/. Kathleen Silverfield Concerned Tiburon Resident TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Approval of a Shared Services Agreement with the City of Mill Valley for Provision of a Shared Sustainability Coordinator Position and, Authorize a Budget Amendment to Fund the Town of Tiburon Share in Fiscal Year 2023. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council is considering approving and authorizing the Town Manager to sign an agreement between the Town Of Tiburon and City of Mill Valley for the provision of a full time Climate Action Sustainability Coordinator who would serve both jurisdictions. If approved, staff is also asking Council to approve a Fiscal Year 2023 Budget Amendment to fund the program for the remainder of the current Fiscal Year (FY 23). RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Approve the draft agreement, attached as Exhibit 3, and authorize the Town Manager to finalize and execute the agreement, subject to approval as to form by the Town Attorney and, 2. Authorize a Fiscal Year 2023 Budget Amendment in the amount of $21,000 to fund the cost of the program, with the source of funds for the amendment to be General Fund operating Reserves. BACKGROUND In September 2022, the Town Council adopted Climate Action Plan 2030 (Plan), a public document which: • Helps us to understand how the community contributes to climate change • Sets targets for how much to reduce these contributions by a certain year • Outlines a path to meet that goal A full copy of the Plan is available at the following link : http://townoftiburon.org/DocumentCenter/View/917/Climate-Action-Plan-2022?bidId= The Plan includes an ambitious list of actions the Town may take while working to meet the goals established in the Plan. These possible actions are summarized in an Implementation Table, TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: AI-4 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 2 OF 3 which is attached as Exhibit 1. Making meaningful progress towards achieving the goals established in the plan will require additional staffing resources with the appropriate experience. This is noted in the Plan itself as near-term item IM-C6, which recommends considering creating a part-time or shared full-time Sustainability Coordinator position or contracting with a consultant to implement the CAP. Most Cities and Towns across Marin County are facing the same challenge in implementing similar goals from their respective climate action plans. Staff has engaged in various discussions with our peers on how to creatively work together in this effort. Through these discussions, we have developed a proposal with the City of Mill Valley to create and share the cost of a full time Climate Action Sustainability Coordinator to lead this initiative. We envision a champion to lead conversations, develop key stakeholder connections, build community support through a cohesive communication plan, and usher in action plans, programs, and policies to drive measurable change. We have developed a draft job description/brochure which details the responsibilities of the proposed position as well as the desired qualifications of the ideal candidate, which is attached as Exhibit 2. Mill Valley has agreed to be the host agency for the position, meaning the individual would be an employee of Mill Valley. The actual cost of the position will be shared by each City/Town based on the total hours worked for each agency, but is envisioned to be a 50/50 split. Annual personnel costs for this position are detailed as follows: Salary: $62,304 - $83,508 (Proposed salary range Steps 1-7 annually) CalPERS PEPRA: $4,984 - $6,682 (8.00% estimated costs of $4,984 - $6,682 annually) Medicare: $903 - $1,211 (1.45% estimated costs of $903 - $1,211 annually) Health Benefits: $11,840 (Based on employee only rate) Total: $80,031 - $103,241 (Total cost of employee) In addition to personnel costs, we anticipate a modest amount of additional expenses for supplies, printing, promotional material etc. These expenses are estimated at $20,000, for a total program cost of approximately $125,000 in the first full year. Staff believes combining efforts through an interagency agreement to share the services of the Climate Action Sustainability Coordinator is the most effective and efficient use of public funds toward this effort. Attached for Council consideration as Exhibit 3 is a Draft agreement between Tiburon and Mill Valley for the provision of shared climate sustainability services as described in this staff report. Staff reviewed the proposed arrangement with the Town Council’s Sustainability Sub-committee and received their support for the proposal. ANALYSIS No further analysis provided. FINANCIAL IMPACT As indicated above the estimated annual expense associated with the position is approximately $125,000, with Tiburon’s estimated share being $62,500. If approved, we would anticipate Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 3 OF 3 filling the position by March, with 1/3 of Fiscal Year 2023 remaining. If Council approves the interagency agreement, we are also asking Council to authorize a Fiscal Year 2023 Budget Amendment in the amount of $21,000 to cover the cost of the program for the remainder of FY23. Staff would then include a full year’s expense in developing the Fiscal Year 2024 Budget. CLIMATE IMPACT Staff has determined this action is consistent with the Town’s Climate Action Plan strategies to mitigate and adapt to climate change. 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 the draft agreement, attached as Exhibit 3, and authorize the Town Manager to finalize and execute the agreement, subject to approval as to form by the Town Attorney and, 2. Authorize a Fiscal Year 2023 Budget Amendment in the amount of $21,000 to fund the cost of the program, with the source of funds for the amendment to be General Fund operating Reserves. Exhibit(s): 1. CAP Implementation Table 2. Draft Job Description/Announcement 3. Proposed shared services agreement Prepared By: Greg Chanis, Town Manager EXHIBIT 1 Appendix B: Implementation Table, B-1 APPENDIX B: IMPLEMENTATION TABLE The work plan in Table B-1 contains information to support staff and community implementation of the measures to effectively integrate them into budgets, the capital improvement program, and other programs and projects. The headings included in Table B-1 are defined as follows: Code: The abbreviation that is used to refer to the strategy in the CAP. Strategy/Action: The strategy language used to guide actions and the specific actions that will be used to implement the strategy. Lead Department: The lead Town department, division, or office responsible for implementing the measure. Note: Some actions may require involvement and collaboration by more than one department, division, or office. The Town Manager may assign or re-assign responsibilities, as necessary. • ADMIN (Town Manager) • PLN (Planning & Building) • PW (Public Works) • TBD (To Be Determined as Assigned by Town Manager) Time Frame: The year by which a measure should be effective by year’s end. For a measure to be effective, the necessary programs and efforts should be active, and any infrastructure or other capital improvements should be in place. Once effective, many measures will continue through 2030, so they do not have end dates. Time frames for effectively setting up the measures are described as follows: • Ongoing (continuation of an action that has been implemented) • Near-Term (by 2024) • Mid-Term (by 2027) • Long-Term (by 2030) Town Staff Time: The estimated cost to the Town (in staff hours) to complete implementation of the measure, identified as follows: • Low (less than 80 hours) • Medium (80–500 hours) • High (more than 500 hours) GHG Reductions (MTCO2e): Amount of GHG emissions reduced by 2030. If no amount is identified, either additional information is needed to quantify a GHG reduction amount or the action is supportive of another action, as described in the CAP. Key Metrics: Targets and datapoints that the Town will use to track progress and measure success. Appendix B: Implementation Table, B-1 TABLE B-1: IMPLEMENTATION TABLE CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS LOW CARBON TRANSPORTATION LCT-C1 Zero Emission Vehicles. Take actions that will result in at least 45% of passenger vehicles in the Tiburon to be zero emission vehicles (ZEVs), including plug- in electric vehicles (EVs) and hydrogen fuel cell electric vehicles, by 2030. Actions include: 6,340 Rate of ZEV adoption in Tiburon and Marin County. Target is 45%. 1. Support development of a countywide EV plan that can be adopted by all Marin jurisdictions that identifies strategies to accelerate EV adoption. The plan should identify the number and type of chargers needed in each jurisdiction to achieve a minimum 45% ZEV penetration target; potential locations for public, workplace, and multi-family charging; best practices for charging station siting, installation, and signage; and model code language and guides for permit streamlining and charging infrastructure requirements. PLN/PW Near-Term Low 13. Work with PG&E, MCE, Transportation Authority of Marin, and other entities to identify and develop multifamily and workplace charging sites. PLN/PW Near-Term Medium Appendix B: Implementation Table, B-2 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS a. Conduct outreach to multifamily HOA associations and facilitate meetings with EV charging supply providers. b. Relax development standards to facilitate installation of EV chargers. c. Assist in applying for available grant funding and rebates. d. Contribute funding for grid infrastructure upgrades as needed. 3. Pursue opportunities to expand the Town’s EV charging network by identifying suitable Level 2 and Level 3 DC fast charging locations and considering innovative programs, such as streetlight and curbside charging to serve those who do not have access to home charging. a. Develop a private-public partnership and install Level 3 fast chargers at public locations, such as Blackie’s Pasture, sufficient to service near-term resident and visitor demand with expansion plans to service a projected Marin County population of 90,000 EVs in 2030. b. Assist in applying for available grant funding and rebates. PW Near-Term Medium Appendix B: Implementation Table, B-3 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS c. Contribute funding for grid infrastructure upgrades as needed. 4. Encourage and facilitate installation of Level 3 fast chargers in the Downtown as commercial properties are redeveloped. a. Facilitate meetings with property owners, developers, and EV charging equipment providers as new development is proposed. b. Provide concessions on development standards as needed to facilitate installation of fast chargers. c. Allow EV fast charging spaces to count towards the parking requirement for residential and commercial uses. d. Allow advertising to be delivered at EV chargers. e. Assist in applying for available grant funding and rebates. f. Contribute funding for grid infrastructure upgrades as needed. PW/PLN Near-Term Medium Appendix B: Implementation Table, B-4 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS g. Develop Level 3 fast chargers sufficient to service a projected Marin County population of 90,000 EVs by 2030. 5. Provide directional signage to public EV chargers on local streets and, as appropriate, from state highways. PW Near-Term Medium 6. Work with the Transportation Authority of Marin (TAM), MCE, the California Energy Commission (CEC) and other entities to provide technical assistance and incentives, such as rebates, for multi-family and workplace charging sites. PLN/PW Near-Term Low 7. Participate in a countywide effort by MCE, Pacific Gas & Electric (PG&E), and others to provide rebates for new or used electric vehicles. PLN/PW Near-Term Low 8. As the Town’s Green Building Ordinance is updated, require new and remodeled single-family, multi- family and commercial projects to install electrical service, add conduits and chargers, as appropriate, for potential electric vehicle use beyond state standards. a. Require all new multifamily development to provide one EV-ready parking space per unit PLN Near-Term Medium Appendix B: Implementation Table, B-5 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS and additional EV fast chargers that are accessible to the public. 9. Participate in regional efforts and grant programs to encourage widespread availability of EV charging stations. PLN / PW Near-Term Low 10. Participate in and provide funding for programs to promote EV adoption, including "Drive an EV" events and other media and outreach campaigns. ADMIN / PLN Near-Term Low 11. Encourage or require, as practicable, ride hailing and delivery service companies to utilize zero emission vehicles. ADMIN / PLN Mid-Term Low 12. Promote adoption of electric bicycles, scooters, and motorcycles. PLN / PW Near-Term Low LCT-C2 Bicycling and Micromobility Encourage bicycling and micromobility as an alternative to vehicular travel. 218 Complete projects identified in the Town’s General Plan and Bicycle and Pedestrian Master Plan. 0.03 miles of Class IV bike paths and 1.61 miles of Class II bike lanes constructed between by 2030. 25% reduction in residents’ vehicle trips that start and end in Tiburon. 1. Promote bicycling and micromobility, including e-bikes, electric scooters, and electric skateboards, through outreach channels and partner agencies. PLN / PW Near-Term Medium 2. Require new, remodeled, and expanded commercial, mixed use, and multifamily development to provide secure parking for electric bicycles. PLN Near-Term Medium 3. Provide secure electric bicycle parking at Town parks and buildings. PW Near-Term Medium Appendix B: Implementation Table, B-6 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS 4. Encourage schools, the library, and shopping centers to provide secure electric bicycle parking. PLN Near-Term Low 5. Establish and maintain a system of bicycle facilities that are consistent with the Tiburon Bicycle and Pedestrian Master Plan and “complete streets” policies. PW Long-Term High 6. Implement the Tiburon Bicycle and Pedestrian Master Plan’s recommendations to support and expand bicycling. PW Long-Term High 7. Update the Tiburon Bicycle and Pedestrian Master Plan to support the use of e-bikes, electric scooters, and electric skateboards, including easily accessible charging stations for them. PW Long-Term Medium LCT-C3 Walking. Encourage walking as an alternative to vehicular travel. 13 Complete projects identified in the Town’s Bicycle and Pedestrian Master Plan and complete streets policies. 2% reduction in VMT for vehicle trips that start and end in Tiburon by 2030 1. Establish and maintain a system of pedestrian facilities that are consistent with the Tiburon Bicycle and Pedestrian Master Plan and “complete streets” policies. PW Long-Term High 2. Implement the Tiburon Bicycle and Pedestrian Master Plan’s recommendations to support and expand walking. PW Long-Term High LCT-C4 Safe Routes to School. Continue to support the Safe Routes to School Program and strive to increase bicycling, walking, carpooling (especially in a ZEV), and taking public transit to school. 49 Reduce school trips in family vehicle 29%, from an average of 50% to 35%. Appendix B: Implementation Table, B-7 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS 3. Work with TAM and other organizations to promote school and student participation. ADMIN / PW Short-Term Low 4. Identify issues associated with unsafe bicycle and pedestrian facilities between neighborhoods and schools, apply for Safe Routes to School grants, and execute plans to improve pedestrian and bicycle facilities. PW Long-Term High LTC-C5 Public Transit. Support and promote public transit by taking the following actions: 68 33% of Marin Transit and Golden Gate Transit buses will be electric by 2030 and the remaining use renewable diesel. 1. Work with Marin Transit and Golden Gate Transit to maximize ridership through expansion and/or improvement of transit and ferry routes, schedules, and services. ADMIN / PW Mid-Term Medium 2. Support a “Yellow School Bus” program and student use of regular transit to reduce school traffic. ADMIN / PW Near-Term Low 3. Encourage transit providers, including school buses, to use renewable diesel as a transition fuel and to purchase electric buses whenever replacing existing buses. ADMIN/PW Near-Term Low LCT-C6 Employee Trip Reduction. Reduce vehicle miles traveled commuting to work through the following actions: 11 Number and % of employers subject to requirement that are providing transportation demand 1. Work with Transportation Authority of Marin (TAM), the Metropolitan ADMIN / PLN Near-Term Low Appendix B: Implementation Table, B-8 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS Transportation Commission (MTC), and the Bay Area Air Quality Management District (BAAQMD) to promote transportation demand programs to local employers, such as rideshare matching programs, vanpool incentive programs, emergency ride home programs, telecommuting, transit use discounts and subsidies, showers and changing facilities, bicycle racks and lockers, and other incentives to use transportation other than single occupant vehicles. programs to employees. Target is 100%. 2. Embark on a behavior change and educational campaign to encourage employees to reduce vehicle trips. ADMIN / PLN Near-Term Medium 3. Work with TAM on developing a county-wide Transportation Demand Management Program to encourage trip reduction throughout County. ADMIN / PLN Near-Term Low LTC-C7 Vehicle Idling. Encourage drivers and autonomous vehicles to limit vehicle idling through public outreach and engagement campaigns. ADMIN Near-Term Low n/a Projects completed. Outreach materials developed; type and frequency of outreach. LCT-C8 Smart Growth Development. Promote land use and development policies that prioritize infill housing and mixed-use development near commercial services and transit facilities. Achieve multifamily housing development on housing opportunity sites identified in the Town’s Housing Element 2023-2031 and apply existing inclusionary requirements for PLN Long-Term High 326 Implement the updated Housing Element Appendix B: Implementation Table, B-9 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS units affordable to lower-income households as applicable. LCT-C9 Zero Emission Landscape and Small Off- Road Equipment. Adopt an ordinance to require the use of zero emission landscape and small off-road equipment instead of gasoline and diesel-powered equipment in all residential and commercial areas. Equipment includes leaf blowers and vacuums, hedge trimmers, edgers, brush cutters, chainsaws, lawn mowers, chain saws (under 45 cc), pressure washers, and portable generators. ADMIN Near-Term Medium 372 100% of landscape equipment is electric by 2030. 4. Provide information on available rebates, such as the California Air Resources Board’s Clean Off-Road Equipment Voucher Incentive Project for small business and sole proprietary landscape professionals. 5. Consider offering an incentive for businesses to use zero emission landscape equipment such as a rebate on equipment purchases or discount on business license fees. 6. Explore building code modifications to support zero emission landscape equipment. PLN Mid-Term Medium LCT-M1 Zero Emission Town Vehicles. Purchase or lease zero-emission vehicles for the Town fleet whenever feasible and when not, the most fuel-efficient models available. Achieve a 100% electric light duty vehicle fleet by 2030. ADMIN / PW Long-Term Medium 43 All light-duty vehicles in Town’s fleet are zero emission by 2030. Appendix B: Implementation Table, B-10 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS LCT-M2 Low Carbon Fuels. Use low-carbon fuel such as renewable diesel as a transition fuel in the Town's fleet and encourage the Town's service providers and joint powers agencies to do the same until vehicles are replaced with zero-emissions vehicles. ADMIN / PW Near-Term Low 10 100% of diesel use is replaced with renewable diesel by 2030. LCT-M3 Town Employee Commute. Provide Town employees with incentives and/or reduce barriers to drive electric vehicles and use alternatives to single occupant auto commuting, such as discounted EV charging, transit and e-bike discounts and subsidies, secure bicycle facilities, showers and changing facilities, ridesharing services, vanpools, emergency ride home service, flexible schedules, and telecommuting when practicable. ADMIN Near-Term Medium 6 5.6% reduction in employee commute VMT by 2030. LCT-M4 Municipal Zero Emission Landscape Equipment and Small Off-Road Engines. Replace all gas-powered leaf blowers, mowers, brush cutters, hedgers, saws, and other landscape equipment and small off-road engines, including generators and pressure washers, with zero emission equipment. PW Long-Term Medium 9 Replace all small off- road equipment with electric versions by 2030. RE-C1 Renewable Energy Generation and Storage. Accelerate installation of residential and commercial solar and other renewable energy systems and energy storage systems. 318 Solar energy installations continue to grow by an average of 446 KW DC each year through 2030. 1. Provide permit streamlining and reduce or eliminate fees, as feasible. PLN Near-Term Low Appendix B: Implementation Table, B-11 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS 2. Update building codes, development codes, design guidelines, and zoning ordinances, as necessary, to facilitate small and medium-scale installations. 3. Encourage installation of solar panels over parking areas on commercial projects, public buildings such as schools and the Tiburon Library, and large-scale residential developments through ordinance, engagement campaigns, and/or agency incentives. PLN Mid-Term Medium 4. Identify and promote financing and loan programs for residential and non-residential projects. ADMIN/PLN Near-Term Low 5. Encourage installation of battery storage in conjunction with renewable energy generation projects through outreach and partner agency incentives. ADMIN/PLN Mid-Term Low 6. Encourage the use of non-fossil fuel generators now and adopt an ordinance phasing out the acquisition and use of fossil-fuel generators. ADMIN/PLN Mid-Term Medium 7. Collaborate with the County, Marin jurisdictions, agencies, and organizations, as appropriate, to study opportunities and specific action steps for expansion of rooftop solar and battery storage. ADMIN/PLN Mid-Term Low Appendix B: Implementation Table, B-12 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS RE-C2 GHG-Free Electricity. Encourage residents and businesses to switch to 100 percent renewable electricity (MCE Deep Green, MCE Local Sol, and PG&E Solar Choice) through engagement campaigns and partner agency incentives and work with MCE Clean Energy to assure that it reaches its goal to provide electricity that is 95 percent GHG-free by 2022. Target 15% of the electricity load to be Deep Green in 2030. ADMIN Near-Term Low 394 MCE Light Green electricity is 95% GHG- free by 2022 and MCE continues to provide a Deep Green 100% GHG-free alternative. 15% of MCE load is Deep Green, up from 5.4% in 2020. RE-C3 Building and Appliance Electrification. Accelerate electrification of building systems and appliances that currently use natural gas, including heating systems, hot water heaters, stoves, and clothes dryers. 1. Explore opportunities to continue existing rebate programs, such as Electrify Marin and BayREN, and promote them to the community by illustrating the financial and health benefits of electrification. ADMIN Near-Term Low 42 7 cooktops, 10 water heaters and 20 heating systems are replaced with electric versions by 2030. 2. Study alternatives and draft regulations for Council consideration that requires homeowners and landlords to replace natural gas appliances, such as water heaters, stoves, cooktops, clothes dryers, and heating systems with high-efficiency electric appliances at time of replacement where feasible. Educate the public about the health hazards of owning and operating natural gas PLN Mid-Term Medium 1,021 24% of residential water heaters, 19% of residential cooktops, and 12% of residential dryers are replaced with high efficiency electric appliances. Appendix B: Implementation Table, B-13 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS appliances and available incentives and rebates to replace them. 3. Prohibit the use of natural gas end uses in new residential buildings in the Town’s green building ordinance that aligns with the 2022 California Building Standards code update. Extend the same prohibition to new nonresidential buildings in the 2025 code cycle, if not earlier. PLN Near and Mid-Term Medium 970 Ordinance adopted. 4. Collaborate with the County’s work to update the Green Building Code and develop a model ordinance that all Marin jurisdictions can utilize in establishing requirements for new residential, multi-family, and commercial buildings and remodels and renovations be all-electric, thereby creating consistency across all jurisdictions. PLN Near-Term Medium Included above RE-C4 Innovative Technologies. Investigate and pursue innovative technologies such as micro-grids, battery storage, and demand-response programs that will improve local resilience and the electric grid’s resiliency and help to balance demand and renewable energy production in cooperation with local and regional partners such as MCE and PG&E, as feasible. 2. Build upon best practices identified by Drawdown Marin/Marin CAN, such as the Marin microgrid project at the Fairfax Pavilion and develop a study on opportunities to create ADMIN / PLN & PW Mid-Term Low to High n/a Projects identified and completed. Appendix B: Implementation Table, B-14 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS solar-powered resilience microgrids with battery storage for community use that would remain powered during an electric grid outage. RE-M1 Municipal 100% Renewable Electricity 0 Actions taken. 1. Install solar energy systems at municipal buildings and facilities where feasible and investigate and pursue innovative technologies such as battery storage and demand response programs. PW Long-Term High 2. Where feasible, replace natural gas appliances/equipment with electric and electrify all Town buildings and facilities, where feasible. PW Long-Term Medium 3. Continue to purchase 100% renewable energy for Town buildings, facilities, and vehicles through programs such as MCE Deep Green. ADMIN Ongoing Low EE-C1 Energy Efficiency Programs. Promote and expand participation in residential and commercial energy efficiency programs. 1,166 Natural gas consumption is reduced an average of 0.7% per year between 2020 and 2030. Electricity consumption is reduced an average of 0.6% per year between 2020 and 2030. 1. Work with organizations and agencies such as the Marin Energy Watch Partnership, the Bay Area Regional Network, MCE, Resilient Neighborhoods, and the Marin Climate & Energy Partnership to promote and implement energy efficiency programs and actions. ADMIN/PLN Near-Term Medium Appendix B: Implementation Table, B-15 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS 2. Continue and expand participation in energy efficiency programs as they become available. 3. Promote utility, state, and federal rebate and incentive programs. 4. Participate and promote financing and loan programs for residential and non-residential projects such as Property Assessed Clean Energy (PACE) programs, PG&E on-bill repayment, and California Hub for Energy Efficiency Financing (CHEEF) programs. EE-C2 Energy Audits and Retrofits. Investigate requiring energy audits for residential and commercial buildings at time of sale or major remodel. Requirements could include identification of electrification and energy efficiency opportunities and supporting programs could connect building owners to potential rebates and financing options. PLN Mid-Term Medium 40 34 housing units implement energy efficiency projects between 2025 and 2030 due to ordinance requiring energy audits at time of sale. EE-C3 Cool Pavement and Roofs. Use reflective, high albedo material for roadways, parking lots, sidewalks, and cool roofs to reduce the urban heat island effect and save energy. n/a Actions taken. 4. Evaluate the use of high albedo pavements when resurfacing Town streets or re-roofing Town facilities. PW Near-Term Medium 5. Adopt mandatory building code measures to require new development to use high albedo material for driveways, parking lots, PLN Near-Term Medium Appendix B: Implementation Table, B-16 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS walkways, and patios, and cool roofing. 6. Maintain and expand the use of urban tree cover for street-level temperature reduction. PW Near to Long-Term Medium EE-C4 Green Building Reach Code. 1. Adopt a green building ordinance for new and remodeled commercial and residential projects that requires green building methods, materials, and efficiency above the State building and energy codes. 2. Consider adoption of low embodied- carbon concrete standards similar to those adopted by the County. PLN Near and Mid-Term Medium n/a Code amendments adopted. EE-C5 Streamline Permit Process and Provide Technical Assistance. Analyze current green building permit and inspection process to eliminate barriers and provide technical assistance to ensure successful implementation of green building requirements. Work countywide to make it easier for contractors and building counter staff to simplify applications and identify incentives. PLN Near-Term Medium n/a Actions taken. EE-C6 Sustainable Building Materials Study alternatives and draft regulations that require use of Forest Stewardship Council certified material in new constructions, major remodels, and outdoor use and that prohibit use of non- certified old-growth and other materials. PLN Mid-Term Medium n/a Action taken. Appendix B: Implementation Table, B-17 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS EE-M1 Public Lighting. Replace remaining inefficient street, parking lot, and other outdoor lighting with LED fixtures. PW Long-Term High 0 Convert 268 streetlights to LED by 2030. EE-M2 Energy Efficiency Audit and Retrofits in Town Buildings and Facilities. Work with the Marin Energy Management Team to identify and implement energy efficiency projects in municipal buildings and facilities and electrification of existing building systems and equipment that use natural gas. PW Near-Term Medium 2 Complete energy efficiency projects by 2030: 1) Install energy- efficient lighting at Town Hall and Police Station; 2) replace heat pumps in Police Station; 3) install vending machine controller; 4) install window film or shade screens in Town Hall. EE-M3 Energy Conservation in Town Buildings. Reduce energy consumption through behavioral and operational changes. a. Establish energy efficiency protocols for building custodial and cleaning services and other employees, including efficient use of facilities, such as turning off lights and computers, thermostat use, etc. b. Incorporate energy management software, electricity monitors, or other methods to monitor energy use in municipal buildings, where feasible. ADMIN / PW Near-Term Medium 1 Reduce energy use in municipal buildings by 5%. WR-C1 Commercial Organic Waste. Work with Zero Waste Marin, the Town’s waste hauler, and nonprofits such as Extra Food to divert commercial organic waste from the landfill through recycling, PW Ongoing Medium 151 Outreach to covered businesses. 30% are correctly sorting and disposing all organic waste. Appendix B: Implementation Table, B-18 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS composting, and participation in waste- to-energy and food recovery programs. a. Conduct outreach and education to businesses subject to State organic waste recycling mandates (AB 1826 and SB 1383) and encourage or enforce compliance with the law. ADMIN Ongoing Medium b. Refer new and major remodel commercial and multi-family residential project proposals to the Town's waste hauler for review and comment and require projects to provide adequate waste and recycling facilities and access as feasible. PLN Ongoing Low c. Encourage and facilitate commercial and multi-family property owners to require responsible use of on-site recycling facilities in lease and rental agreements and to train and regularly evaluate janitorial, landscape, and other property management services. ADMIN/PW Ongoing Low d. Assess capacity of existing food recovery programs, expand existing food recovery infrastructure if needed, monitor commercial generators for compliance, and conduct education and outreach. ADMIN/PW Near-Term Medium WR-C2 Residential Organic Waste. Work with Zero Waste Marin, the Town’s waste hauler, and other organizations to educate and motivate residents to utilize ADMIN Ongoing Medium 508 50% diversion of residential organic waste. Appendix B: Implementation Table, B-19 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS curbside collection services and home composting for food waste. WR-C3 Construction & Demolition Debris and Self-Haul Waste. 59 75% diversion of C&D waste. 1. Require all loads of construction & demolition debris and self-haul waste to be processed for recovery of materials as feasible. PLN Ongoing 3. Investigate creation of an ordinance requiring deconstruction of buildings proposed for demolition or remodeling when materials of significant historical, cultural, aesthetic, functional or reuse value can be salvaged. PLN Mid-Term Medium WR-C4 Mandatory Waste Diversion. Adopt an ordinance requiring all commercial and residential accounts to subscribe to and fully participate in waste diversion activities, including recycling and organics collection provided by the Town’s waste hauler. Consider including phased implementation of the ordinance, penalties, and practical enforcement mechanisms. ADMIN Near-Term Medium 556 Increase commercial AB1826 compliance rate to 50% and increase residential organic waste diversion rate to 80% by 2030. WR-C5 Waste Processing Franchise Agreement and Infrastructure. 1. Review and revise the Town’s franchise agreement with its waste hauler to ensure adequate recycling and composting capacity is available ADMIN Long-Term High 532 Increase diversion rate of recoverable organic waste to 95% by 2030. Appendix B: Implementation Table, B-20 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS and waste reduction and diversion targets are met. 2. Ensure organic waste collection service (including green waste, food waste, fibers, and manure) that complies with SB 1383 regulations is provided to all residents and businesses. 3. Conduct a feasibility study (including cost estimate and estimated GHG reduction metrics) and consider investing in new solid waste processing infrastructure to remove recoverable materials (recycling and organics) from the waste stream and reduce contamination. 4. Require regular residential and commercial waste audits and waste characterization studies to identify opportunities for increased diversion and to track progress in meeting targets. WR-C6 Extended Producer Responsibility. 1. Encourage the State to regulate the production and packaging of consumer goods and take-back programs. 2. Encourage on-demand product and food delivery services to reduce packaging waste and investigate requirements and incentives for same through ordinance and/or engagement campaigns. ADMIN Medium- Term Low n/a Actions taken. Appendix B: Implementation Table, B-21 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS WR-C7 Inorganic Waste. n/a Actions taken. 1. Promote reuse, repair, and recycling of inorganic materials, and encourage reduced use of packaging and single use items through engagement campaigns. ADMIN Near-Term Low 2. Consider adopting a Reusable Foodware Ordinance. ADMIN Near-Term Ordinance is being considered by Town Council Medium WR-M1 Waste from Town Operations. Increase opportunities to reduce waste at Town facilities. 1. Embark on an educational and social marketing-based campaign to increase recycling, composting, reuse, and waste reduction at Town facilities. 2. Conduct periodic waste audits of Town facilities to understand where opportunities for increased diversion lie and to track progress. ADMIN/PW Near-Term Medium 24 75% of recoverable organic waste currently landfilled is diverted by 2030. WC-C1 Community Water Use. Reduce indoor and outdoor water use in residential and commercial buildings and landscaping. 1. Work with the water district and other organizations to promote water conservation programs and incentives. PLN Ongoing Low 2 1% annual water consumption reduction. Appendix B: Implementation Table, B-22 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS 2. Educate residents and businesses about local and State laws requiring retrofit of non-compliant plumbing fixtures during remodeling and at resale. 3. Ensure all projects requiring building permits, plan check, or design review comply with State and water district regulations. 4. Encourage the installation of greywater and rainwater collection systems and the use of recycled water where available through ordinance and/or engagement campaigns. WC-M1 Municipal Water Use. Reduce indoor and outdoor water use in municipal facilities and operations. 1. Replace high water use plants and inefficient irrigation systems with water-efficient landscaping. 2. Replace inefficient plumbing fixtures with high-efficiency fixtures. PW Ongoing Medium 0 12% reduction in water use. 3. Use recycled water as available and practicable for parks and outdoor landscaping. PW Long-Term High S-C1 Urban Forest. Increase carbon sequestration and improve air quality and natural cooling through expansion and enhancement of green spaces and increasing appropriate (e.g., native, drought-resistant, fire resilient) tree cover, other vegetation, and healthy soils in Tiburon. n/a Actions taken. Appendix B: Implementation Table, B-23 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS 1. Plant and maintain additional trees on Town-owned land, including public parks, open space, medians, and rights of way, where feasible. PW Long-Term Medium 2. Review parking lot landscape standards to maximize tree cover, size, growth, and sequestration potential. 3. Regulate and minimize removal of large (heritage) trees and require planting of replacement trees and/or fees to support mitigation planting in Tiburon’s parks and open space areas. Consider potential loss of carbon sequestration when removing trees and establishing tree replacement ratios. PLN Near-Term/ ongoing Low 4. Require that the site planning, construction, and maintenance of new development preserve existing healthy trees and native vegetation on site to the maximum extent feasible. Replace trees and vegetation not able to be saved with native/appropriate species. PLN Ongoing Medium 5. Encourage community members to plant native/appropriate trees on private land. Consider creating a tree giveaway event or providing lower- cost trees to the public through a bulk purchasing program. ADMIN/PLN/PW Mid-Term Medium 6. Encourage the creation of no-till community gardens and healthy soil management on public lands by ADMIN/PLN/PW Mid-Term Medium Appendix B: Implementation Table, B-24 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS community groups and private lands by individual homeowners. 7. Provide information to the public, including landscape companies, gardeners, and nurseries, on carbon sequestration rates, drought tolerance, and fire resistance of different tree species and vegetation, as well as healthy soil management. ADMIN/PLN Near-Term Medium 8. Collaborate with fire agencies and Marin County Open Space District, Marin Municipal Water District, and private property owners, to manage fire-prone trees and invasive species in the open space for forest health, water cycling, soil organic matter, and reduction of fuel load. ADMIN/PLN Near-Term Medium 9. Require new development, redevelopment, and infrastructure projects to implement best management practices as feasible, including low-impact development techniques, the minimal use of non- pervious surfaces in landscape design, and the integration of natural features into the project design, to naturally filter and biodegrade contaminants and to minimize surface runoff into drainage systems and creeks. PLN/PW Ongoing Low S-C2 Carbon Sequestration. Increase carbon sequestration in developed landscapes and open/natural areas. n/a Actions taken. Appendix B: Implementation Table, B-25 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS 1. Encourage and support composting to develop healthy, carbon-rich soils. PLN & ADMIN Near-Term Low 2. Manage parks and open spaces to steadily increase carbon in vegetation and soil. 3. Manage trees and invasive species in the open space for forest health, water cycling, and organic soil matter, as well as reduction of fuel load. 4. Work with the County to explore opportunities for carbon drawdown in aquatic environments, such as tidal wetlands, gullies, and bay. PW / PLN Long-Term High S-C3 Carbon Offsets. Reduce the impact of greenhouse gas emissions through the purchase of carbon offsets. 1. Identify and partner with local non- profit organizations and/or businesses that actively sequester carbon in their activities (e.g., climate-smart habitat restoration or regenerative agriculture like the Marin Carbon Project) to promote a carbon offset program. 2. To close any gap that remains between actual emissions and the reduction target, the Town will consider purchasing carbon offsets in 2030, and annually thereafter, to achieve a 50% reduction below 1990 levels in communitywide emissions. ADMIN Long-Term Low 2,263 Amount of offsets purchased in 2030. Actions taken. Appendix B: Implementation Table, B-26 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS Offsets should be purchased from a local program that sequesters carbon in Marin County, if available. 3. Encourage community members to purchase high quality carbon offsets that have been vetted and can be verified by credible authorities or organizations to reduce their carbon footprint through engagement campaigns. 4. Consider partnering with a local non- profit organization to promote an effective and reliable carbon offset program. 5. Focus on offsetting emissions that are difficult to mitigate otherwise, such as airplane travel. SA-C4 Building Materials Decrease GHG emissions associated with building materials and increase the use of building materials with the highest potential for carbon storage. 1. Encourage use of sustainable, climate- friendly building materials that store more carbon dioxide than is released in their production, through agency partnerships and engagement campaigns. PLN Mid-Term Low n/a Outreach materials developed; type and frequency of outreach. CE-C1 Community Education. Work with community-based organizations, such as Resilient Neighborhoods, to educate and motivate community members to start or continue to reduce GHG emissions in their homes, businesses, transportation ADMIN / PLN Near-Term Low 960 25 Tiburon households graduate from the Resilient Neighborhoods program each year Appendix B: Implementation Table, B-27 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS mode choices, and other activities, and increase community resilience through community-building activities. 6. Beginning in Fiscal Year 2023- 2024, provide annual funding to Resilient Neighborhoods (RN) to graduate 25 Tiburon households each year over existing levels. 7. Utilize the Town’s website, newsletter, social media channels, and counter handouts to publicize the RN program. 8. Partner with the Ranch to offer and promote the RN program as part of their community class offerings. 9. Request the library, schools, and homeowners’ associations to distribute RN program flyers. 10. Engage local community groups to sign up households for the RN program. between 2023 and 2030. Actions taken. Type and frequency of outreach. CE-C2 Community Outreach. Implement a communitywide public outreach and behavior change campaign to engage residents, businesses, and consumers around the impacts of climate change and the ways individuals and organizations can reduce their GHG emissions and create a more sustainable, resilient, and healthier community. Emphasize and encourage citizens' involvement in reaching the community's climate goals, including innovative means of tracking milestones and comparing ADMIN / PLN Mid-Term Medium n/a Actions taken. Outreach materials developed; type and frequency of outreach. Appendix B: Implementation Table, B-28 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS Tiburon's performance with other communities and with state, national, and global benchmarks. 7. Conduct outreach to a wide variety of neighborhood, business, educational, faith, service, and social organizations. 8. Inform the public about the benefits of installing energy and water efficient appliances and fixtures, electrifying homes and commercial buildings, installing solar energy systems, and purchasing 100% renewable electricity. 9. Inform the public about the benefits of using carbon-free and low-carbon transportation modes, such as driving electric vehicles, walking, bicycling, taking public transportation, and ridesharing. 10. Partner with MCE, PG&E, MMWD, Mill Valley Refuse, Transportation Authority of Marin, Marin Transit, Golden Gate Transit, and other entities to promote available financing, audits, rebates, incentives, and services to the Tiburon community. 11. Utilize the Town's website, newsletter, recognition programs, and other forms of public outreach. 12. Participate in countywide outreach and education efforts, such as Drawdown Marin. ADMIN/PLN Ongoing Medium Appendix B: Implementation Table, B-29 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS CE-C3 Advocacy. Advocate at the regional, state, and federal levels for policies and actions that support the rapid transition to GHG-free energy sources, electrification of buildings and the transportation fleet, and other impactful measures to rapidly reduce greenhouse gas emissions. ADMIN Long-Term Low n/a Actions taken. CE-C5 Green Businesses. Encourage local businesses to participate in the Marin County Green Business Program. ADMIN Near-Term Low n/a Number of participating Tiburon businesses. CE-C5 Innovation and Economic Development Participate in local economic development and innovation working groups to explore public-private partnerships and to develop ways to decarbonize the local economy while spurring sustainable enterprise and equitable employment. ADMIN Mid-Term Low n/a Actions taken. IM-C1 Annual Monitoring. Monitor and report on the Town’s progress annually. Create an annual priorities list for implementation using the Implementation Table in Appendix B. PLN Near-Term/ annually Medium n/a Progress reports and priorities list. IM-C2 Update GHG Emissions Inventories. Update the greenhouse gas emissions inventory for community emissions annually. PLN Near-Term/ annually Low n/a GHG emissions inventory reports. IM-C3 Funding Sources. Identify funding sources for recommended actions, and pursue local, regional, state, and federal grants as appropriate. Investigate ADMIN / PLN Long-Term High n/a Funds secured. Appendix B: Implementation Table, B-30 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS creation of a local carbon fund or other permanent source of revenue to implement the Climate Action Plan. IM-C4 Update the Climate Action Plan. Update the Climate Action Plan regularly to incorporate new long-term reduction targets and strategies to meet those targets. PLN Long-Term Medium n/a Updated plan. IM-C5 Project Compliance Checklist Develop a project compliance checklist to used when reviewing development proposals, use permit applications, and building permits to ensure compliance with Climate Action Plan measures. PLN Near-Term Low n/a Develop checklist and post on website. IM-C6 Sustainability Coordinator Consider creating a part-time or shared full-time Sustainability Coordinator position or contracting with a consultant to implement the CAP. ADMIN Near-Term Medium n/a Hire Coordinator/ contractor. EXHIBIT 2 __________________________________________________________________________________________________ JOB ANNOUNCEMENT CLIMATE ACTION COORDINATOR PLANNING & BUILDING SALARY AND BENEFITS $5,192- $6,959/ Month DOE The City of Mill Valley is pleased to offer a comprehensive benefits package that includes health, dental, life, and long- term disability insurances, a 457-deferred compensation plan, retirement through CalPERS and generous leave. THE OPPORTUNITY The Climate Action (Sustainability) Coordinator will have the unique opportunity to advance climate change and sustainability initiatives in two local agencies. The position is employed by the City of Mill Valley as a Management Analyst I (assigned as the Climate Action coordinator) and will work approximately 0.50 FTE (full-time equivalent) on City of Mill Valley initiatives, as well as provide 0.50 FTE in services to the Town of Tiburon. The incumbent will report to the City/Town Managers for each assignment and will be responsible to staff and make reports and presentations to Climate Action Committees for each agency. THE POSITION Under general direction, the Climate Action (Sustainability) Coordinator leads efforts to organize, manage, and implement the Green House Gas (GHG) emission reduction measures and adaptation plans established in the Climate Action Plans (CAPs) for the City of Mill Valley and the Town of Tiburon. The coordinator will combine their expertise in climate action, community organizing, and local policy development to achieve the following objectives: 1. Work with City/Town departments to educate and employ CAP measures through operations and annual Work Plans. 2. Implement CAP measures and provide research and analysis to further the City/Town climate commitments. 3. Provide outreach materials on a regular and ongoing basis about sustainability-related items such as CAP measures, sustainability tips, rebate programs and local events. 4. Develop programs to implement climate actions within the community and identify grant and partnership opportunities on an ongoing basis. Examples of Essential Duties (include but are not limited to): Internal - work with City/Town departments to implement and operationalize Climate Action Plan (CAP): • Work with managers and key staff members to assess and achieve department goals as they relate to the CAP. • Monitor for new opportunities for climate, sustainability, and environmental action in municipal policy, infrastructure, and programming. • Identify and pursue partnerships for programs, collaborations, grant opportunities, and other revenue streams on an ongoing basis. • Implement and oversee SB 1383 requirements. Community-facing - develop programs to support the community’s implementation of climate actions: • Work with sustainability leaders, working groups and/or committees to discuss outreach opportunities and manage implementation of the CAP. • Coordinate or lead public education programs • Develop and manage social media presence • Develop regular content for City/Town news and updates General duties - the following duties serve both internal and external efforts: • Attend public meetings or events on evenings, weekends, and/or holidays as required • Remain “current” on climate strategies and best practices; develop/maintain partnerships, programs, and networks. • Compose engaging, accurate, persuasive, and informative reports and presentations to elected or appointed officials. • Perform related duties as assigned. THE IDEAL CANDIDATE The ideal candidate is self-motivated, detail oriented, and comfortable working both independently and on a team. He/she is demonstratively passionate about sustainability, and adept at communication and program development. Recommended experience and training includes: • Bachelor’s degree in planning, political science, environmental science, education, conservation, or similar areas of study. • Minimum two years of increasingly responsible experience in an area of sustainability or climate change work. Please see Management Analyst I Job Description for complete information on the job and requirements. APPLICATION INSTRUCTIONS 1. To apply, please visit www.CalOpps.org 2. Utilizing the application process in the above link, please also upload your Cover Letter and Resume. FOR QUESTIONS PLEASE CONTACT: Seth Allingham, Human Resources Manager sallingham@cityofmillvalley.org The City of Mill Valley is an Equal Opportunity Employer. EXHIBIT 3 TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Consider Resolution Approving the Acceptance and Appropriation of California Public Utilities Commission (“CPUC”) Local Agency Technical Assistance Grant Funding for a Middle-Mile Fiber Optic Infrastructure Project in the amount of $191,100, and Authorizing the Town Manager to Enter into a Professional Services Contract with Government Technology Group in and Amount not to exceed $68,750.00 for Design and Engineering Services related to the grant, and Authorizing a Fiscal Year 2023 Budget Amendment in the amount of $110,000 for Expenditure of Grant Funds in the Current Fiscal Year. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council is considering acceptance of a $191,000 grant from the California Public Utilities Commission’s (CPUC) Local Agency Technical Assistance Grant Program (LATA) and, authorizing the Town Manager to sign a contract for Design and Engineering services funded by the grant, and authorizing a Fiscal Year 2023 Budget Amendment to expend grant funds in the current Fiscal Year. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Adopt a Resolution to Accept the LATA Grant funds. 2. Authorize the Town Manager to enter into a Professional Services Contract with Government Technology Group in the amount not to exceed $68,750.00 for Phase 1 design engineering and bid package only. 3. Authorize a Fiscal Year 2023 Budget Amendment in the amount of $110,000 with the source of funds being the LATA grant funds. BACKGROUND On June 15, 2022, Town Council was presented with the Town of Tiburon Broadband Strategic Plan (Strategic Plan) developed by Magellan Advisors. The Plan outlined a four-phase roadmap for developing new fiberoptic Broadband infrastructure on the Tiburon Peninsula. After receiving the Strategic Plan in June, Council directed staff to engage in 2 separate scopes of work as recommended in Phase 1. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: AI-5 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 2 OF 3 1. Procure Design/Engineering services to develop plans and specifications for installing fiberoptic cable along Tiburon Boulevard, from the US 101 interchange to Downtown Tiburon. 2. Procure consulting services to assist the Town in identifying and assessing potential Internet Service Providers (ISP) who may utilize a future network. In addition to seeking proposals for the work noted above, staff also submitted an application for $191,000 in funding for this work through the California Public Utilities Commission’s (CPUC) Local Agency Technical Assistance Grant Program (LATA). We received word from the CPUC in December that our application was approved and that we have been awarded grant funding in the requested amount ($191,000). The award letter from the CPUC is attached as Exhibit 1. We have prepared a Resolution for Council consideration to accept the grant funding, with the Resolution attached as Exhibit 2. Regarding the first scope of work noted above Town staff issued a Request for Proposals (RFP) on August 23, 2022 to seek proposals from qualified firms/individuals to provide design and engineering services for completion of a middle mile fiber optic infrastructure project along approximately 4.5 miles of Tiburon Boulevard (Phase 1 of the Strategic Plan). No proposals were received as a result of the RFP; however, staff subsequently negotiated a contract to complete the work with Government Technology Group (GTG) in an amount not to exceed $68,750.00. Attached as Exhibit 3 is a proposed Professional Services Agreement for this work with GTG. LATA funds will pay for 100% of this work. With regards to the second scope of work, which is consulting assistance to help the Town identify a possible ISP, staff continues to work in identifying and finalizing a proposal with a preferred consultant. We are confident the cost of this work will not exceed $40,000, and will move forward with entering into an agreement once a consultant is selected. The cost of this work is an eligible expense under the LATA grant, however, as the contract amount would not exceed the signing authority of the Town Manager, we do not anticipate bringing this item back to Council for approval. Combined, the 2 scopes of work discussed above will cost approximately $110,000. And Council is being asked to authorize a Fiscal Year 2023 Budget Amendment in that amount with the source of funds being the LATA grant funds. ANALYSIS No further analysis is provided FINANCIAL IMPACT As noted above, the combined cost of completing the 2 scopes of work described above is approximately $110,000, with both efforts starting in Fiscal Year 2023. The LATA grant funds will pay for 100% of the cost of this work, but Council will need to authorize a FY 23 Budget Amendment allowing staff to expend the funds. Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 3 OF 3 CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff determined that this Project is categorially exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15301, Class 1 (c)) of the CEQA Guidelines. As specified in Section 15301, the project involves maintenance of existing roadways. The Project consists of the repair and maintenance of existing public facilities, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. This project consists of roadway and curb ramp repairs and maintenance. A Notice of Exemption was filed with the Marin County Recorder and State Clearing House. RECOMMENDATION Staff recommends that the Town Council: 1. Adopt a Resolution to Accept the LATA Grant funds. 2. Authorize the Town Manager to enter into a Professional Services Contract with Government Technology Group in the amount not to exceed $68,750.00 for Phase 1 design engineering and bid package only. 3. Authorize a Fiscal Year 2023 Budget Amendment in the amount of $110,000 with the source of funds being the LATA grant funds. Exhibit(s): 1. Town of Tiburon LATA Award Letter 2. Resolution approving LATA Grant 3. Professional Services Contract Prepared By: David O. Eshoo, Engineering Manager EXHIBIT 1 December 20, 2022 David Eshoo deshoo@townoftiburon.org Town of Tiburon Dear David Eshoo, This letter serves to inform the Town of Tiburon (Tiburon) that the California Public Utilities Commission (CPUC) Communications Division (CD) amends the Local Agency Technical Assistance (LATA) grant award letter dated December 8, 2022 for the project listed below. This amendment corrects errors in Tiburon’s December 8, 2022, grant award letter for the LATA grant amount awarded. The original award letter erroneously stated that Tiburon is awarded $325,000. However, Tiburon’s application requested only $191,100 in LATA funding. CD acknowledges this error, and this amended award letter corrects this error with respect to Tiburon’s grant award with the correct amount of $191,100 awarded as stated in the application. All other terms below in the original award letters remain unchanged. Pursuant to Decision (D.) 22-02-026, Staff is authorized to approve applications that meet all the criteria for Ministerial Review. Your application was received on October 31, 2022 and was posted on the CPUC’s Local Agency Technical Assistance webpage. Staff reviewed your application and determined that your application is eligible for a grant and meets eligibility criteria for Ministerial Review. The award is predicated on Tiburon’s agreement to provide technical assistance as detailed in its application. In its application, Tiburon agreed to comply with the specified Ministerial Review criteria as well as to fulfill all requirements, guidelines, and conditions associated with a grant of Local Agency Technical Assistance funds as specified in D.22-02-026 including but not limited to execution and performance, payment, reporting and award acceptance requirements listed in Attachments 1 and 2 of this letter. Please sign and submit the following: 1. A Consent Form binding your organization to the terms of the grant and 2. A State of California Government Agency Tax Payer ID Form for tax reporting purposes. You must submit these documents within 30 days of the date of this letter. If you do not, this award is void. Thank you for your application and please direct any questions to Brewster Fong (Brewster.Fong@cpuc.ca.gov). and/or refer to the Grantee Administrative Manual, available at https://bit.ly/CPUCLATA. 2 We appreciate your efforts to provide service to our fellow Californians. Sincerely, Robert Osborn Director Communications Division 3 ATTACHMENT 1 Requirements The grant award is predicated on Tiburon’s agreement to provide technical assistance as detailed in its application. In its application, Tiburon agreed and attested to comply with the specified Ministerial Review criteria as well as fulfilling all requirements guidelines, and conditions associated with a grant of Local Agency Technical Assistance funds as specified in D.22-02-026, including but not limited to execution and performance, payment, reporting and award acceptance requirements. Key requirements of Local Agency Technical grant include, among others: • All costs are related to the development of broadband network deployment projects to benefit unserved or underserved Californians. These projects may include, but are not limited to, the costs of joint powers authority formation, environmental studies, network design, and engineering study expenses. • Grant may not exceed $500,000 per local agency, per fiscal year • A signed affidavit agreeing to comply with the terms, conditions and requirements of the grant and submits to the jurisdiction of the Commission with respect to the disbursement and administration of the grant as well as applicable state and federal rules concerning broadband services. • Grantee must sign a Consent Form agreeing to the terms stated in the award letter as well as all Local Agency Technical Assistance Rules and Requirements, Guidelines and Application Materials in D.22-06-026. • Grantee must complete the reimbursable work product within 24 months. • Grantee must provide Staff a copy of the final reimbursable work product. Reporting The grant award is contingent upon fulfilling the reporting requirements per D.22-06-026, Attachment 1. SB 156 requires grantees to fulfill the monthly reporting requirements set forth in Public Utilities Code section 281(l)(1) if they are using a licensed contractor or subcontractor* to undertake a contract or subcontract in excess of twenty-five thousand dollars ($25,000). The Commission is required to post that information on its website. Specifically, SB 156 requires the following to be reported to the Commission on a monthly basis: • The name and contractor’s license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on a project funded or financed pursuant to this section. • The location where a contractor or subcontractor described in subparagraph (A) will be performing that work. • The anticipated dates when that work will be performed. *Licensed contractor or subcontractor means any contractor that holds a California state license through the contractor’s state license board (https://www.cslb.ca.gov/). Post-completion Upon completion of the reimbursable work product and before final payment, Grantees must: • Provide a signed completion form stating the technical assistance work has been completed suitable to be posted on the Commission’s webpage. The signed completion form must be provided prior to final payment and must include and a short summary of the reimbursable work product(s) performed under the contract, including demonstration that the reimbursable work product(s) identify broadband infrastructure deployment projects that will help achieve the CASF deployment 4 goal, and identification of the area(s) where the applicant intends to deploy broadband based on the reimbursable work product(s). • Provide a copy of each reimbursable work product’s final report(s), plans, studies, etc. produced under the contract. Payment Payment will be made directly to the local agency as the grant recipient. Local agency grantees may request partial reimbursement if they complete one or more of the approved reimbursable work products prior to completion of other reimbursable work products approved in the same grant authorization. Payment will be based upon receipt and approval of an invoice(s) submitted by the local agency showing the expenditures incurred for the reimbursable work product, along with the reimbursable work product final report/study/joint powers agreement, etc., and the completion reporting required above. The invoice(s) must be supported by documentation including but not limited to the actual cost of labor and any other expense that will be recovered by the grant. To the extent that any portion of an award was used to reimburse a local agency for administrative costs associated with securing or completing a reimbursable work product, the local agency must submit an itemized accounting of such costs, demonstrating the total requested for reimbursement does not exceed 15 percent of the total authorized award. If any portion of reimbursement is found to be out of compliance, grantees will be responsible for refunding any disallowed amount along with appropriate interest rates determined in accordance with applicable Commission decisions. Grantees are required to maintain records such as files, invoices, and other related documentation for five years after final payment. Grantees shall make these records and invoices available to the Commission upon request and agree that these records are subject to a financial audit by the Commission at any time within five years after the final payment made to a grantee. Execution and Performance The Town of Tiburon must complete the project within the 24-month timeframe in accordance with the terms of approval granted by the Commission. If Tiburon is unable to complete project within the 24- month timeframe, it must notify the Commission or Director of Communications Division as soon as it becomes aware of this prospect. The Commission may reduce or withhold payment for failure to satisfy this requirement. In the event that the Grantee or contractor fails to complete the work in accordance with the approval granted by the Commission, and as described in its application and contract, the Grantee must reimburse some or all of the funds it has received. Tiburon must sign and submit the linked Consent Form agreeing to the terms of the award within 30 calendar days from the date of this letter. Failure to submit the Consent Form within the timeframe required, the CPUC will deem the grant or award null and void. Tiburon must communicate in writing to the Communications Division’s Director regarding any changes to the substantive terms and conditions underlying the Commission’s approval of the grant (such as changes to a reimbursable work product contract, work plan or budget) at least 30 days before the anticipated. Substantive changes may require approval by either the Communications Division Director or by Commission Resolution before becoming effective. 5 The Commission has the right to conduct any necessary audit, verification, and discovery for work proposed or completed under the technical assistance to ensure that funds are spent in accordance with Commission rules and with the terms of approval by the Commission. 6 ATTACHMENT 2 Local Agency Broadband Technical Assistance Reporting Requirements and Guidelines Version October 2022 The Local Agency Technical Assistance program provides grants for eligible pre-construction work which facilitates the construction of broadband network projects. When the California Public Utilities Commission (CPUC) established the technical assistance grant program, the program was funded with American Rescue Plan Act monies administered by the U.S. Treasury. The source of technical assistance funding has changed. This guidance outlines grantee reporting. The Commission issued Decision (D.) 22-02-026 establishing program requirements for the Local Agency Technical Assistance Grant Program. Grantees must file quarterly progress reports to the Commission with the below information. Narrative Project Information 1.1 The counties, cities, and census designated places where households, businesses, and community anchor institutions are planned to be served by the broadband project. 1.2 Confirmation that the technical assistance is designed to support projects that, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds. 1.3 Statement of intention about the pricing plans for projects that the technical assistance will support, such as offering of affordable plan or low-income plan subsidized with other funding (ACP). 1.4 Information on broadband need in the project area. 1.5 Statement describing the community benefits of broadband technical assistance. Detailed Project Information 2.1 Individual work products granted by the program. o Dollars/hours expended per task/work product. 2.2 Estimated construction start date (month/year). 2.3 Estimated construction completion date (month/year). 2.4 Estimated initiation of operations date (month/year). 2.5 Planned project technology type(s): o Fiber o Coaxial Cable o Terrestrial Fixed Wireless o Other (specify) 2.6 Estimated total miles of fiber to be deployed. 2.7 Planned number of locations to be served, broken out by type: o Residential locations o Business connections o Community anchor institutions 2.8 Planned non-promotional prices including associated fees, speed tiers, and data allowance for each speed tier. 2.9 Other data on broadband need, by location. 7 Submission To assist grantees with the filing of quarterly progress reports to the Commission, a sample of the reporting requirements is found in Attachment A of this document. Planned project information listed in Attachment A should be submitted on a quarterly basis to the Commission’s email at StatewideBroadband@cpuc.ca.gov. Grantees need to include in the email subject line: 1. Application Name 2. Project Name 3. The Reporting Quarter/Month Updated quarterly project submissions are required to be sent by the due dates shown below. Grantees are responsible for contacting the Commission at StatewideBroadband@cpuc.ca.gov, if the information cannot be submitted on time. Reporting Period Project Information Due to CPUC October 1 – December 31, 2022 January 31, 2023 January 1 – March 31, 2023 April 28, 2023 April 1 – June 30, 2023 July 31, 2023 July 1 – September 30, 2023 October 31, 2023 October 1 – December 31, 2023 January 31, 2024 January 1 – March 31, 2024 April 28, 2024 April 1 – June 30, 2024 July 31, 2024 July 1 – September 30, 2024 October 31, 2024 October 1 – December 31, 2024 January 31, 2025 January 1 – March 31, 2025 April 30, 2025 April 1 – June 30, 2025 July 31, 2025 July 1 – September 30, 2025 October 31, 2025 October 1 – December 31, 2025 January 30, 2026 January 1 – March 31, 2026 April 30, 2026 April 1 – June 30, 2026 July 31, 2026 July 1 – September 30, 2026 October 30, 2026 October 1 – December 31, 2026 January 31, 2027 Additional Information Reporting requirements and guidelines are subject to change, and CPUC or the Commission may define additional requirements on CPUC’s website. These requirements, in spreadsheet format, are available at: https://www.cpuc.ca.gov/-/media/cpuc- website/divisions/communications-division/documents/broadband-implementation-for- california/technical-assistance-reporting-requirements-oct-2022.pdf EXHIBIT 2 Page 1 of 1 Town Council Resolution No. XX-2023 DRAFT 1/18/2023 DRAFT RESOLUTION NO. XX-2023 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE ACCEPTANCE AND APPROPRIATION OF CALIFORNIA PUBLIC UTILITIES COMMISSION (“CPUC”) GRANT FUNDING FOR THE TOWN OF TIBURON DESIGN, ENGINEERING, AND CONSTRUCTION MANAGEMENT FOR A MIDDLE-MILE FIBER OPTIC INFRASTRUCTURE PROJECT IN THE AMOUNT OF $191,100 FOR THE LATA PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND OTHER DOCUMENTS RELATED TO THE GRANT WHEREAS, the State of California has allocated funds to the California Public Utilities Commission (CPUC) to establish Local Agency Technical Assistance (LATA) grants to support local agencies in their efforts to expand broadband service to unserved and underserved Californians; and WHEREAS, the California Public Utilities Commission has approved a grant to the Town of Tiburon in the amount of $191,100 in grant funds; and WHEREAS, The LATA Grant will fund feasibility studies, market analysis, and high-level network designs to analyze the current market, identify needs, quantify demand, calculate costs, estimate fees, and provide recommended project parameters and strategies to support the development of a shovel ready infrastructure project outlined in the Town of Tiburon Broadband Strategic Plan; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town Council does hereby approve the acceptance and appropriation of $191,100 in California Public Utilities Commission grant funds for the “Local Agency Technical Assistance” (“LATA”); and authorizes the City Manager to execute a Grant Agreement in a form approved by the Town Attorney and any other documents related to the grant. PASSED AND ADOPTED at a regular meeting of the Town Council on January 18, 2023, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: __________________________ JACK RYAN, MAYOR TOWN OF TIBURON ATTEST: ____________________________ LEA STEFANI, TOWN CLERK EXHIBIT 3 AGREEMENT BETWEEN THE TOWN OF TIBURON AND GOVERNMENT TECHNOLOGY GROUP FOR THE PROVISION OF ENGINEERING SERVICES THIS AGREEMENT, made and entered this day of January 2023, by and between the TOWN OF TIBURON, a political subdivision of the State of California, hereinafter called "Town," and Government Technology Group, hereinafter referred to as "Engineer," RECITALS A. The Town requires design and engineering services for construction of middle mile fiber optic infrastructure along approximately 4.5 miles of Tiburon Boulevard (Project). B. Engineer has the skill, experience, ability, background, certification, and knowledge to provide the Town with civil engineering services. C. The parties wish to contract for the Engineer to provide civil engineering services to the Town as provided herein. AGREEMENT 1. Scope of Engineer Services. Engineer shall assist the Town of Tiburon in the design and engineering services for construction of middle mile fiber optic infrastructure along approximately 4.5 miles of Tiburon Boulevard (Project) as described in Exhibit 1 under Phase 1 Design Engineering and Bid Package only, (“Services”). 2. Compensation. Engineer’s compensation for the Services shall be as set forth in Exhibit 1. Services will be billed not to exceed $68,750.00 (sixty-eight thousand seven hundred fifty dollars) for Phase 1 Design Engineering and Bid Package only. 3. Engineer as Independent Contractor. Engineer (including its agents and employees) is not an agent or employee of the Town. Engineer is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Engineer shall maintain complete control of its operations and personnel and shall be solely liable and responsible to pay all required salaries, wages, expenses, taxes, and other obligations, including, but not limited to, withholding and Social Security. 4. Standard of Work; Indemnity. Engineer shall perform the services in a skillful and professional manner compatible with the usual, customary standard of Engineer’s profession. Engineer shall indemnify, defend, and hold Town harmless from and against claims, liabilities, suits, loss, cost, expense, and damages (collectively, “Claims and Losses”) to the extent that such Claims and Losses arise from Engineer’s negligent act or omission or willful misconduct in performing the Services pursuant to this Agreement. In the event that other parties are found to share responsibility for the Claims and Losses due to their negligent act or omission or willful misconduct, Engineer’s liability under this paragraph shall not exceed its proportionate share of responsibility for the Claims and Losses relative to such other parties. 5. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Engineer's records and accounts of expenditures and activities of Engineer’s performance under this Agreement at Town’s own expense. All such records shall be maintained for period of at least three years after the termination of this Agreement. Engineer shall furnish all items necessary in the Town’s discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 6. Insurance. Engineer shall maintain insurance as set forth below. A. Comprehensive General Liability: Combined single limit of $1,000,000 for each single occurrence for bodily injury, personal injury, and property damages; umbrella policy raising the limit to $2,000,000. B. Comprehensive Automobile Liability: Combined single limit of $1,000,000 for each single occurrence for bodily injury and property damages; umbrella policy raising the limit to $2,000,000. C. Engineers Professional Liability: Combined single limit of $250,000 for each claim for protection against claims to the extent caused by Consultant’s negligent acts, errors, and omissions. D. Workers’ Compensation Coverage: As required by the laws of the State of California. E. The insurance required under paragraphs A and B, above, shall be endorsed with language covering the Town, its officials, officers, employees, agents, and volunteers. Such coverage shall be primary insurance to the Town, its officials, officers, employees, agents, and volunteers and shall act as though a separate policy had been written for each. Any failure to comply with the reporting requirements of the policies shall not affect coverage provided to the Town, its officials, officers, employees, agents, and volunteers. F. The insurance required by this Paragraph shall not be suspended, voided, canceled, or reduced in coverage or in limits except after the Town has received thirty days written notice. G. Evidence of compliance with the insurance and endorsement requirements of this Paragraph shall be subject to the approval of the Town Attorney. 7. Ownership of Documents; Re-Use; Indemnity. All plans, studies, documents, and other writings prepared for and by Engineer, his officers, employees and agents and subcontractors in the course of performing the Services shall be the property of Town and Town shall have the sole right to use such materials in its discretion without further compensation to Engineer or to any other party. Engineer shall, upon request, provide such materials to Town. Town acknowledges that such documents prepared pursuant to this Agreement are intended for use only in connection with particular projects. Engineer makes no representation that said documents are suitable for re-use on any other project or on any expansion of the original project. Any such re-use by Town without specific written approval by Engineer shall be at Town’s sole risk. Town shall indemnify and hold Engineer harmless from all claims, losses, damages, and expenses, including attorneys’ fees, that may arise from Town’s unauthorized re-use of said documents for another project or for any expansion of the Project. 8. Interest of Engineer. Engineer covenants and represents that he does not have any economic interest and shall not acquire any economic interest, direct or indirect, in the area covered by this Agreement that would be affected in any manner or degree by the performance of the Services. Engineer further covenants and represents that in the performance of its duties, no person having any such interest shall perform any services under this Agreement. Engineer will comply with the Town’s Conflict of Interest code. 9. Licenses. Engineer represents and warrants to Town that he has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature that are legally required of Engineer to practice his profession. Engineer represents and warrants to Town that he shall, at his sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals that are legally required of Engineer to practice his profession. 10. Contract Term; Termination of Contract. This Agreement shall terminate as agreed by the parties or terminated pursuant to this Section or Section 11. Town may terminate this Agreement immediately for cause. Either party may terminate this Agreement without cause upon 10 days written notice of termination to the other party. In event of termination, Engineer shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to the Services. Engineer shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 11. Stop Work Order. Town may at any time, by written notice to Engineer (“Stop Work Order”), require Engineer to stop or suspend performance of the Services, in whole or in part, for a period of up to ninety days after such notice is delivered to Engineer. Upon receipt of the Stop Work Order, Engineer shall immediately comply therewith and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order during the period of work stoppage. Within ninety days of the delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall either (a) cancel the Stop Work Order; (b) cancel those the authorization for those Services covered by the Stop Work Order; or (c) terminate this Agreement as provided in Paragraph 10. Engineer shall resume work upon the cancellation of the Stop Work Order. To the extent that the Stop Work Order results in a documentable increase in the cost of performing the Services or the time required for such performance, Engineer shall receive an equitable adjustment in compensation. 12. Discrimination. In the performance of the terms of this Agreement, Engineer shall not engage in nor permit others he may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 13. Mediation. The parties will make a good faith attempt to resolve any disputes arising from this Agreement through mediation prior to initiating litigation. The parties shall mutually agree upon a mediator and shall share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and the mediator thereafter remaining shall hear the dispute. 14. Miscellaneous. A. Governing Law. The laws of the State of California shall govern this Agreement. B. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. C. Successors in Interest; Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. D. Entire Agreement; Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. 15. This Agreement includes the following Exhibit, which is attached hereto and incorporated herein by reference: Exhibit 1 Scope of Work and Fee Schedule IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. GTG TOWN OF TIBURON By: __________________________ By: __________________________ GREG CHANIS Town Manager APPROVED AS TO FORM: _________________________ BENJAMIN STOCK Town Attorney TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Town Council Committee Appointments Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Town Councilmembers are appointed to serve on various boards and committees. At the beginning of each year and on an as-needed basis, the Council review the list to make any necessary changes or new appointments. RECOMMENDED ACTION(S) 1. Review the Committee Appointments List and make any necessary or desired updates for 2023. BACKGROUND Members of the Town Council are appointed to serve on a variety of local and regional boards and committees and as the Town representatives on a number of joint powers authorities. They also serve on Town standing and ad hoc committees to study issues or projects in town. It is regular practice for the Town Council to conduct an annual review of the list of appointments (Exhibit 1) at the beginning of each year, following the reorganization of the Town Council in December, to make any changes or new appointments for the coming year. ANALYSIS In addition to general review and potential revisions to the list of appointments, staff specifically recommends the Council consider the following: • Consider appointments to fill any existing vacant seats. • Create the 2023 Budget/Finance ad hoc subcommittee and appoint membership. Historically this committee is the current Mayor and Vice Mayor. This committee will sunset on 12/31/23. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: AI- 6 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 2 OF 2 The Diversity Inclusion Task Force Standing Committee Chair and Vice Chair appointments will be considered as a separate item at the second regular meeting in February, per previous Council direction. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. 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 review the Committee Appointments List (Exhibit 1) and make any necessary or desired updates for 2023. Exhibit(s): 1. Committee Appointments List Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 2023 Town Council Committee Appointments List 01/2023 Page 1 of 4 TIBURON TOWN COUNCIL COMMITTEE APPOINTMENTS 2023 I. STATE & REGIONAL AGENCIES 1. ASSOCIATION OF BAY AREA GOVERNMENTS (General Assembly meets in April and October) Holli Thier, Delegate Jon Welner, Alternate 2. COMMUNITY DEVELOPMENT BLOCK GRANT PRIORITY-SETTING COMMITTEE (CDBG) (Meets twice a year in Marin City and at Civic Center) Holli Thier, Delegate Jack Ryan, Alternate 3. LEAGUE OF CALIFORNIA CITIES (Meets quarterly and at the Annual Conference in September; other events as published) Alice Fredericks • Voting Delegate for Town of Tiburon o Alternate: Holli Thier • Transportation, Communication & Public Works State Policy Committee - (Appointment by North Bay Division of the League of CA Cities) 4. MARIN CLEAN ENERGY BOARD OF DIRECTORS (Meets 1st Thursday from 7–9 p.m. at 1 McGinnis Parkway, San Rafael) Holli Thier, Delegate Jack Ryan, Alternate 5. MARIN CLIMATE AND ENERGY PARTNERSHIP (MCEP) Local Governments for Sustainability (Meets 1st Thursday, San Rafael City Hall) Samantha Bonifacio (Assistant Planner), Staff Liaison & voting board member 6. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS (Meetings scheduled as needed) Police Chief Ryan Monaghan, Delegate Noah Griffin, Alternate 7. RICHARDSON BAY REGIONAL AGENCY BOARD OF DIRECTORS (Meets monthly on 2nd Wednesday at 6:00 p.m. - Sausalito City Hall) Jack Ryan, Delegate Alice Fredericks, Alternate 2023 Town Council Committee Appointments List 01/2023 Page 2 of 4 8. TRANSPORTATION AUTHORITY OF MARIN BOARD OF COMMISSIONERS (Meets monthly on 4th Thursday at 7:30 p.m. - Board of Supervisors Chambers, Civic Center) Alice Fredericks, Board member [Term = 1/1/2020 – 12/31/2023] • Fredericks serves on the Human Resources Ad Hoc Committee, and Administration Projects Planning Executive Committee • Fredericks is MCCMC liaison to TAM and reports monthly at MCCMC Jack Ryan, Alternate II. LOCAL AGENCIES/COMMITTEES 1. BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL (Meets bi-monthly on 2nd Tuesday from 4:00 - 5:30 p.m. in the Town Council Chambers) Holli Thier, Town Council Representative 2. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (The Ranch) (Meets bi-monthly on 3rd Monday in the Town Hall Community Room) Noah Griffin, Town Council Voting Member 3. TIBURON PENINSULA TRAFFIC RELIEF JOINT POWERS AGENCY (formed 3/16/16) [JPA members include Town of Tiburon, City of Belvedere, RUSD] Holli Thier – Primary Director Jack Ryan – Primary Director 4. CHAMBER OF COMMERCE LOCAL BUSINESS TASK FORCE [Task Force members include Chamber Exec. Director, Tiburon Town Manager, Destination Tiburon member, and two retail representatives] VACANT Jack Ryan III. TOWN STANDING COMMITTEES 1. DIVERSITY INCLUSION TASK FORCE • Holli Thier (Chair) • Noah Griffin (Vice Chair) 2. DOWNTOWN REVITALIZATION • Jack Ryan • Holli Thier 3. LEGISLATIVE ACTION • Jon Welner • Alice Fredericks 2023 Town Council Committee Appointments List 01/2023 Page 3 of 4 4. MARTHA PROPERTY APPLICATIONS • Jon Welner • Alice Fredericks 5. USE OF TECHNOLOGY • Holli Thier • Jon Welner IV. TOWN AD HOC COMMITTEES 1. SUSTAINABILITY • Alice Fredericks • Jon Welner 2. UTILITY UNDERGROUNDING ASSESSMENT DISTRICT POLICY • Alice Fredericks • Jack Ryan 3. 2023 TOWN MANAGER PERFORMANCE EVALUATION • Jack Ryan • Noah Griffin 4. 2023 BUDGET FINANCE • [VACANT] • [VACANT] 5. 2022 COURT USAGE • Alice Fredericks • Jack Ryan V. BOARD OF SUPERVISORS APPOINTMENTS Nominated by MCCMC and appointed by Board of Supervisors GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT BOARD OF DIRECTORS (Meets 2nd & 4th Fridays at 10 a.m., GGBHTD offices) Holli Thier [current term = 1/1/2022 – 1/1/2024] VI. MCCMC COMMITTEE APPOINTMENTS 1. Legislative Committee [a Standing Committee per MCCMC Bylaws] (Meets4th Monday at 8:00 a.m., San Rafael City Hall) Alice Fredericks (also serves as Chair) 2023 Town Council Committee Appointments List 01/2023 Page 4 of 4 No alternate 2. JPA Oversight Ad Hoc Committee (Meetings scheduled as needed) Jack Ryan, delegate No alternate 3. Climate Change and Sea Level Rise – Ad Hoc Committee (Meetings scheduled as needed) Jon Welner, delegate Alice Fredericks, alternate 4. Pension and OPEB Reform Committee Holli Thier, Delegate Noah Griffin, Delegate Jack Ryan, Alternate 5. Disaster Preparedness Committee Jack Ryan, Delegate Holli Thier, Alternate 6. Water Policy Committee Holli Thier Delegate [vacant], Delegate 7. Marin County Bay Waterfront Adaptations Vulnerability Evaluation *(Bay WAVE) Policy Group Alice Fredericks’ appointment affirmed by Town Council on April 20, 2016 8. HOMELESS POLICY STEERING COMMITTEE (HPSC) (Under auspices of County Dept. of Health Human Services) Noah Griffin, Town representative VII. TOWN APPOINTMENTS IN OTHER AREAS OF INTEREST MarinMap Steering Committee (Meetings scheduled as needed) [VACANT] Marin County Hazardous & Solid Waste JPA (Meets quarterly) Greg Chanis TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Virtual Meeting & Regular Meeting Start Time Follow Up Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY On December 7, 2022, the Town Council discussed several items related to a return of in-person Town board meetings. Tonight staff has returned to the Council with an action item on the same matter for the Council to formalize direction and provide additional direction to staff. RECOMMENDED ACTION(S) 1. Direct staff to proceed with the hybrid meeting proposal, or provide feedback on any desired adjustments; and 2. Authorize the distribution of the regular meeting time survey, or if the Council determines a survey is not necessary, direct staff to return to the Council with a resolution effecting a new regular meeting time. BACKGROUND On February 28, 2023, Governor Newsom is expected to end California’s state of emergency, prompting the Town Council and all Town boards and commissions to return to in-person board meetings at Town Hall. On December 7, 2022, staff brought a discussion item to the Council to solicit feedback on several items related to the return of in-person meetings, and tonight is a follow-up of that discussion. ANALYSIS Virtual Participation Meetings As of March 1, the Town Council will return to in-person meetings in the Town Council Chambers. Meetings will be open for the public to attend, be cablecast on a regular TV slot, streamed online through the Town’s website, and will provide a Zoom option for remote attendees to participate in the meeting. The Council has already directed staff to make all the TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: AI-7 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 2 OF 3 necessary arrangements to operate hybrid virtual meetings in this manner immediately upon return to in-person meetings. At the December 7 meeting, staff requested feedback from the Council on how to proceed with the remainder of the Town’s boards and commissions. Managing remote meetings is a higher- impact meeting management responsibility and could potentially require additional staffing. There appeared to be general consensus from the Council to “start small” with Town Council meetings only operating as hybrid. Based on this feedback, staff is presenting the following proposal for the Council’s consideration: 1. On March 1, 2023, only Town Council meetings will be fully hybrid, with cameras operated by hired CMCM staff. A Zoom option will be provided for remote participants. The remainder of Town boards & commissions will not offer a hybrid option but will be video recorded and streamed through the Town’s website. Cameras will be operated by town staff with one or two wide shots of the room. 2. On June 1, 2023, the Planning Commission, Design Review Board, and Parks, Open Space and Trails Commission will transition into hybrid meetings, with cameras operated by hired CMCM staff, and a Zoom option for remote participants. It is staff’s opinion that three months of meetings is an appropriate amount of time to fully assess the impacts of the additional staffing required to operate hybrid meetings, and a June start will allow staff to present any additional budgetary requirements that may arise to the Council as part of the annual budget process. Regular Meeting Start Time At the beginning of the pandemic, the Council adopted Resolution No. 20-2020, changing the regular meeting time of the Town Council to 5:00 p.m. while operating virtual meetings. Absent any additional Council action, the Town Council’s regular meeting time will automatically revert back to 7:30 p.m. when the state of emergency ends on February 28. On December 7, there was no clear consensus from the Council on whether to permanently formalize the 5:00 p.m. start time, return to 7:30 p.m. start, or to determine a new start time. Several ideas were presented, and the Council suggested community feedback be solicited. Staff has prepared a community survey (Exhibit 1) for the Council’s consideration. With the Council’s authorization, the survey will be distributed widely through Town channels and advertised in the Ark newspaper. Staff will bring back the results of the survey on February 1. As requested at the December 7 meeting, Figure 1 below outlines the regular meeting start times for other jurisdictions in Marin County. Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 3 OF 3 City Regular Meeting Time Belvedere 6:30 p.m. Corte Madera 6:30 p.m. Fairfax 6:30 p.m. Larkspur 5:00 p.m. Mill Valley 6:30 p.m. Novato 6:00 p.m. Ross 6:00 p.m. San Anselmo 7:00 p.m. San Rafael 7:00 p.m. Sausalito 7:00 p.m. Tiburon 5:00 p.m. Figure 1. FINANCIAL IMPACT CMCM camera operators for Town Council meetings have already been included in this year’s budget. There would be an additional fiscal impact if the Town Council opts to hire CMCM camera operators for the other boards and commissions. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. 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. Direct staff to proceed with the hybrid meeting proposal, or provide feedback on any desired adjustments; and 2. Authorize the distribution of the regular meeting time survey, or if the Council determines a survey is not necessary, direct staff to return to the Council with a resolution effecting a new regular meeting time. Exhibit(s): 1. Regular meeting time communication plan and survey Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 Regular Meeting Time Survey Communications Plan The Town Council wants to hear from you! The Council is considering making a change to the time it starts its regular public meetings. Are you a regular attendee of Council meetings? Are you aspiring to get more involved in local issues in 2023? Have you ever wanted to attend a Council meeting, but couldn’t? We want to hear from you! Please let us know what time you think Town Council meetings should start by completing [the linked survey] (1 minute). Your input is valuable and will help us make your local government meetings more accessible for all corners of the community. Timeline Survey Announcement via Website, Newsletter, Social Media – 1/19 Ark Ad with QR code for easy access – 1/25 Social Media Reminder – 1/25 Survey close – 1/27 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: 2023 Meeting Calendar Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider adoption of a 2023 Town Council regular meeting calendar. RECOMMENDED ACTION(S) 1. Make any desired changes to the 2023 Town Council meeting calendar and adopt the calendar. BACKGROUND Staff has prepared a 2023 Town Council regular meeting calendar for the Council’s consideration (Exhibit 1). The calendar includes a list of all regular meeting dates in 2023, with cancellations due to known holidays noted. Staff recommends the Council review the calendar and note any other desired cancellations for the coming year. Please note that this calendar is not necessarily exhaustive of all Town Council meetings over the coming year. Special meetings will likely be scheduled throughout the year, and regular meetings may be cancelled or rescheduled on an as needed basis. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: AI-8 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 2 OF 2 Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. 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 make any desired changes to the 2023 meeting calendar and adopt the calendar. Exhibit(s): 1. 2023 Meeting Calendar Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 2023 Town Council Regular Meeting Calendar *Additional Special Meetings may be scheduled January • January 4 – CANCELLED • January 18 February • February 1 • February 15 March • March 1 • March 15 April • April 5 – CANCEL (Passover) • April 19 May • May 3 • May 17 June • June 7 • June 21 July • July 5 – CANCEL (July 4th) • July 19 August • August 2 • August 16 September • September 6 • September 20 October • October 4 • October 18 November • November 1 • November 15 December • December 6 • December 20 – CANCEL TOWN OF TIBURON PAGE 1 OF 6 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Building and Vehicle Electrification “Reach” Codes for Building Construction Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Discussion of Marin County Model Building “Reach” Codes promoting building and vehicle electrification in new or remodeled buildings. RECOMMENDED ACTION(S) 1. Consider whether to direct staff to analyze and prepare options for local building code amendments to adopt enhanced requirements promoting building and vehicle electrification. BACKGROUND California cities and counties are required to enforce minimum construction standards contained in the State Housing Law and in the California Building Standards Code. The most recent updates to the California Building Standards Code become effective on January 1, 2023. The Town Council adopted the 2022 Building Standards Code with local amendments on November 16, 2022. The Town Council did not consider local amendments that would include energy efficiency “reach” codes that had been developed by Marin County through a collaborative process with most other Marin jurisdictions. A number of other City/Town Councils adopted some or all of the model reach codes, and others indicated a commitment to reconsider the reach codes in 2023. The purpose of this agenda item is to gauge the Council’s interest in adopting any of the model reach codes or to participate with other jurisdictions in further analyzing or modifying the model codes, particularly the ones proposed to affect single-family home remodels. It should be noted that the building code can be locally amended at any time, not just when adopting the triennial State Code update. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 18, 2023 Agenda Item: DI-1 Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 2 OF 6 Building and Vehicle Electrification “Reach” Codes In 2022 Marin County spearheaded an effort to develop a model set of amendments that would exceed the base requirements of the California Building Standards Code (Title 24) for consideration for adoption by all or most of Marin’s jurisdictions so as to have common building requirements for the benefit of staff, contractors, vendors and the public. This effort included a technical working group which included the Town’s building official, focus group interviews with various developers including builders of affordable housing, and a public workshop. The model code approach was also the subject of a Marin County Civil Grand Jury Report which encouraged steps towards building electrification and the collaborative effort. The Town Council adopted a response to the Grand Jury Report on September 6, 2022 (Exhibit 1). The Council expressed agreement with the findings of the Report and support for the collaborative process, indicated that the reach codes required additional staff analysis and public consideration and could be reconsidered in 2023. The underlying purpose of the proposed reach codes is to implement programs of adopted Climate Action Plans to reduce the emission of greenhouse gases by reducing the burning of fossil fuels in buildings and vehicles. In the case of energy use in buildings, the electricity supply is becoming increasingly carbon-free due to higher levels of renewable power in the grid and more efficient electric home appliances and lighting. Even with increasing home charging of electric vehicles, the greenhouse gas emissions of electricity use in buildings decreased 76% between 2005 and 2018. Burning of natural gas for space and water heating in buildings now constitutes 34% of local greenhouse gas emissions, compared to only 5% for systems powered by electricity. In the case of transportation, the California Air Resources Board has mandated the sales of only electric vehicles after 2035. The proposed reach code enhances requirements for installation of electric vehicle charging infrastructure and chargers in new construction and electrical or parking lot upgrades to accommodate current and future EV use. Town Policies on Building and Vehicle Electrification The adopted Climate Action Plan 2030 (December 2021) includes the following action items: Action RE-C3 (Building and Appliance Electrification): ‒ Prohibit the use of natural gas end uses in new residential buildings in the Town’s green building ordinance that aligns with the 2022 California Building Standards code update. Extend the same prohibits to new nonresidential buildings in the 2025 code cycle. ‒ Consider adopting an ordinance in 2024 that requires homeowners to replace natural gas appliances, such water heaters, stoves, cooktops, clothes dryers, and heating systems with high-efficiency electric appliances at time of replacement where feasible. Action LCT-C1 (Zero Emission Vehicles): ‒ As the Town’s Green Building Ordinance is updated, require new and remodeled single- family, multi-family and commercial projects to install electrical service, add conduits and chargers, as appropriate, for potential electric vehicle use beyond state requirements. It is very important to note that the anticipated GHG emissions from these three measures from the Climate Action Plan to increase building electrification and electric vehicle adoption constitute 48% of the Town’s adopted GHG reductions by 2030. Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 3 OF 6 The draft Sustainability Element of the General Plan 2040 includes the following programs, which are similar: Program S-f (Building and Appliance Electrification): ‒ Consider building regulations which preclude gas appliances and infrastructure in new buildings and regulations and require gas appliances to be replaced with high-efficiency electric at burnout. Program S-k (Zero Emission Vehicles): ‒ Implement a comprehensive program to significantly increase the use of zero emission vehicles through public education and promotion, adoption of building code requirements for electric vehicle charging facilities in new construction, and installation of Level 2 and 3 public charging facilities. Summary of Proposed Marin County Building and Vehicle Electrification Reach Codes In summary the County’s proposed reach codes include the following: Electrification of newly constructed buildings The proposed reach code would preclude the installation of natural gas infrastructure in newly constructed residential and non-residential buildings. The new 2022 State code requires that all new residential projects include either electric space heating or water heating as a first step in promoting electrification, but the proposed reach code goes further, requiring full electrification. The model ordinance would exempt the following: • Portable outdoor appliances (propane) for cooking and heating, • Food service establishments (restaurants and commercial kitchens), • New accessory dwelling units that are attached or within existing mixed-fuel residences, • Emergency back-up generators for essential services buildings and multifamily buildings, and • Projects that have previously received entitlements. The draft ordinance also allows the Building Official to grant exceptions for: • Affordable housing projects (100% affordable units) if costs of compliance are disproportionate to the overall project costs and decreases the level of affordability, • Applicants who can demonstrate an equivalent GHG reduction to that of all-electric construction, and • Applicants who can demonstrate that the building is unable to meet the Energy Code performance compliance standard using available technology. Exemptions granted by the Building Official are required to pre-wire locations of gas appliances for future conversion to electric. All-electric requirements have been adopted by Marin County, San Anselmo, Fairfax, San Rafael, Corte Madera, Petaluma and approximately 60 other California agencies. Enhanced EV infrastructure requirements The proposed reach code has differing requirements by type of construction: Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 4 OF 6 Single-family and duplex New construction: Compliance with CALGreen Tier 1 requirements, which include installation of a 208/240v circuit with a receptacle and 40-amp service for future EV charging in a new dwelling unit (“EV Ready”). The base State code only requires installation of conduit and capacity in the electrical service panel for a 40-amp circuit for future installation (“EV Capable”). Remodels: If a remodel/addition project proposes to upgrade the electrical service panel, a new 208/240v 40-amp circuit with a receptacle is required for future EV charging. Multifamily New construction: 15% of resident spaces with installed Level 2 chargers, 85% of resident spaces EV Ready (an installed circuit for 20-amp Low Power Level 2 receptacle). Remodels: If a remodel/addition proposes to upgrade the electrical service panel, 20% of spaces require a new 208/240v circuit with receptacles and 40-amp service. If a parking lot is modified by removing paving and curbing, conduit must be run to at least 50% of the modified spaces OR conduit run to 20% of modified spaces and at least 5% must have installed Level 2 or 3 chargers. Hotels and motels New construction: 10% of spaces with installed Level 2 chargers, 35% of spaces EV Ready (an installed circuit for 20-amp Low Power Level 2 receptacle) and 10% EV Capable. Remodels: Same as multi-family when an upgrade to electrical service panel or parking lot occurs. Non-residential New construction: Compliance with CALGreen Tier 1 requirements, which include installation of Level 2 chargers on between 0 and 33% of total spaces (on a sliding scale based on number of spaces) and provide EV Capable conduit and panel capacity for between 0 and 55% of total spaces. For example, a new building with up to 25 parking spaces would have to provide 5 EV Capable spaces and no installed chargers. A building with up to 50 spaces would have to provide 11 EV Capable spaces and 2 spaces with Level 2 chargers. Remodels: Same as multi-family when an upgrade to electrical service panel or parking lot occurs. Enhanced energy requirements for additions/alterations of single-family residences To address incremental electrification of the existing building stock in Marin, which far exceeds anticipated construction of new units, the model reach code requires that additions and alterations to conditioned space in single-family homes which exceed 750 square feet comply with a points- based system from a listing of allowable energy efficiency and electrification options. The optional efficiency measures include improvements such as lighting upgrades, replacement of gas appliances with electric heat pump units, increasing insulation, air sealing, duct sealing and window replacement. Under the proposed point system, replacement of a gas water heater or gas space heater with an electric heat pump unit would easily exceed the point requirements for any remodel. Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 5 OF 6 This requirement has been adopted by Marin County and Fairfax, but San Rafael and Corte Madera City Councils committed to reexamine the remodel amendments in 2023. OPTIONS As noted above, the Town Council has the authority to adopt local amendments to the California Building Standards Code to respond to local conditions and priorities. Any amendment to the Energy Code (Title 24 Part 6) requires subsequent approval by the California Energy Commission including submission of a cost-effectiveness study demonstrating that the increased costs of the required energy reduction measures is more than offset by cost savings over the life of the appliance or fixture. The County has already prepared such a study for all climate zones in Marin County for use by any jurisdiction. Should the Council wish to consider adoption of some or all of the model reach codes, or some revised version thereof, the following options might be considered: 1. Direct staff to prepare draft code amendments for Council consideration that would preclude installation of gas infrastructure in newly constructed buildings with exemptions along the lines of those discussed above. Also include the enhanced EV charging requirements for newly constructed buildings. Rationale: • These amendments would be consistent with the programs identified in the adopted Climate Action Plan and Draft Sustainability Element and constitute a significant portion of the Town’s GHG reduction goal. • The amendments would affect relatively few projects and have minimal impact on Town staffing since newly constructed buildings are relatively rare in Tiburon. • The Council could prescribe holding a public workshop on the electrification reach codes for community education and feedback. 2. Direct staff to participate with other interested Marin jurisdictions in analyzing and possibly refining a proposed reach code addressing electrification requirements for larger remodels of single-family homes. Rationale: • These amendments would also be consistent with the programs identified in the adopted Climate Action Plan and Draft Sustainability Element and would constitute an even greater portion of the Town’s GHG reduction goal since so many more homes are remodeled than new buildings constructed in Tiburon. • These amendments affect more homeowners and contractors and probably warrant more public discussion. • Other Marin jurisdictions appear ready to further engage on considering the remodel regulations and also coordinating resources for residents and contractors summarizing permit requirements and rebate options. Town Council Meeting January 18, 2023 TOWN OF TIBURON PAGE 6 OF 6 3. Choose to take no action to further amend the 2022 California Building Standards Code and direct staff to monitor the experiences of local jurisdictions that adopt remodel standards and future updates for the 2025 state code. FINANCIAL IMPACT Staff anticipates no direct financial impact to the Town as a result of Council consideration of this item. ENVIRONMENTAL REVIEW Amendment of the building code 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). Exhibit(s): 1. September 6, 2022 Town Council Response to Grand Jury Report EXHIBIT 1 RESPONSE TO GRAND JURY REPORT FORM Town of Tiburon Report Title: Electrifying Marin’s Buildings: A Countywide Approach Report Date: June 6, 2022 Response By: Town of Tiburon FINDINGS • We agree with Findings numbered: F1-F3, F5 and F6 • We disagree partly with Findings numbered: F4 RECOMMENDATIONS  Recommendations numbered __NA___have been implemented.  Recommendations numbered:__NA___have not yet been implemented but will be implemented in the future.  Recommendations numbered ___NA__have been partially implemented, and remaining parts will be implemented in the future  Recommendations numbered:__R1, R2 and R3___require further analysis.  Recommendations numbered:___NA__will not be implemented because they are not warranted or are not reasonable. Date: September 6, 2022 Signed: ______/s/_____________________________ Number of pages attached: 4 Office of the Town Manager Town of Tiburon August 31, 2022 The Honorable James T. Chou Presiding Judge of the Marin County Superior Court Post Office Box 4988 San Rafael, CA 94913-4988 Pat Shepard, Foreperson Marin County Civil Grand Jury 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 Re: Response to Grand Jury Report Electrifying Marin’s Buildings: A Countywide Approach Dear Honorable Judge Chou and Foreperson Shepard: This letter explains in detail the Town of Tiburon’s response to the Civil Grand Jury Report dated June 6, 2022 (Electrifying Marin’s Buildings: A Countywide Approach). The Report directs the Town to respond to Findings F1-F6, and Recommendations R1-R3 FINDINGS AND RESPONSES F1. With the building sector accounting for approximately 34 percent of greenhouse gas emissions in Marin County, it will be necessary to substantially reduce emissions from that sector if the county and its cities and towns are to meet their 2030 greenhouse gas reduction goals. Response- The Town of Tiburon agrees with this Finding F2. Reducing or eliminating natural gas as a fuel source in buildings will dramatically reduce greenhouse gas emissions from Marin County’s building sector. Response- The Town of Tiburon agrees with this Finding F3. The use of natural gas in buildings gives rise to health and safety risks, including adverse health effects attributed to exposure to natural gas, and safety risks posed by pipeline leaks, ruptures, and explosions. These health and safety risks serve as additional reasons to eliminate natural gas as a fuel source in new and existing buildings. Response- The Town of Tiburon agrees with this Finding F4. The timely reduction of greenhouse gas emissions from Marin County’s building sector will require in-depth, comprehensive, and coordinated planning. A countywide planning process, coordinated by Marin Climate and Energy Partnership or the county’s Sustainability Team, would be an effective and efficient means of sustaining focus and leveraging the resources needed for developing a Countywide Building Electrification Plan. Response- The Town of Tiburon partially disagrees with this finding The Town of Tiburon agrees a timely and meaningful reduction in greenhouse gas emissions from Marin County’s building sector will require comprehensive, coordinated planning. However, although a Countywide Building Electrification Plan may ultimately prove beneficial, a more detailed proposal will need to be developed before jurisdictions can properly evaluate the potential benefit. F5. Underserved communities and lower income households have greater vulnerability to rising energy costs and will likely require extra financial support to mitigate those costs and reduce household greenhouse gas emissions through measures that require significant up-front investment. Response- The Town of Tiburon agrees with this finding F6. The timely electrification of existing buildings will likely require one or more mandatory measures, supported where necessary by financial subsidies and rebates. Response- The Town of Tiburon agrees with this finding RECOMMENDATIONS AND RESPONSES R1. On or before January 1, 2023, Marin County and each of its cities and towns that have not already done so should adopt a reach code banning natural gas connections in newly constructed buildings. Response- This recommendation requires further analysis The Town of Tiburon is currently reviewing its Building Code as required by the recent update of the California Building Standard Codes (CBSC). This triennial process requires each jurisdiction to amend their local Building Code to align with any changes in the CBSC, which take effect January 1, 2023. In addition to reviewing the required CBSC revisions, the town is also analyzing potential additional reach code elements, an example of which is the banning of natural gas connections in newly constructed buildings as proposed in R1. It will be critical to provide for ample public community engagement and input on the topic, as this is a complex issue requiring consideration of numerous factors, including: greenhouse gas emissions, power grid capacity, economic/financial impacts, social equity, and resiliency. In addition, the analysis needs to be applied to a variety of building ages and types including single family and multi-family residential, accessory dwelling units, and various commercial building types. The Town strongly supports countywide collaboration on this issue, with town staff currently participating in the Marin Clean Energy Partnership (MCEP) and the countywide Technical Working Group focused on electrification. Additionally, staff supports the work of the Green Building Reach Codes Steering Committee. This group is working with MCE Clean Energy to develop model reach codes, which may provide some level of consistency across jurisdictions. However, it should be noted there are significant differences amongst Marin jurisdictions in terms of building stock and development patterns, as well as varied goals related to housing and economic development. These differences will likely lead to jurisdiction developing and adopting reach code provisions that vary between jurisdictions. In November 2022, Town Council will be considering any amendments to the current Building Code necessitated by the update to the CBSC, with these amendments taking effect on January 1, 2023. If additional draft reach code elements have been fully developed in that timeframe, Council could consider them at the same time. Alternatively, Council would consider any additional reach code amendments in early 2023. R2. On or before January 1, 2023, Marin County and each of its cities and towns that have not already done so should adopt a reach code requiring energy efficiency measures in connection with renovations of existing residential buildings. The reach code should specify the size of the renovation that will trigger the requirement and provide flexibility by allowing the applicant to choose from a list of energy efficiency measures, including electrification of gas appliances. Response- This recommendation requires further analysis As stated in the response to R1, the Town is currently analyzing potential reach code elements that may be added to the towns Building Code, for example, requiring energy efficiency measures in connection with renovations of existing residential buildings as proposed in Recommendation 2. Any proposed changes Council considering any proposed reach code amendments in late 2022, or early 2023. R3. Marin County and each of its cities and towns, collaborating through the Marin Climate and Energy Partnership or otherwise, should develop a comprehensive Countywide Building Electrification Plan to be completed on or before January 1, 2024. The Plan should identify those strategies, programs, and concrete actions necessary to bring about an equitable, prompt, and material acceleration of building electrification throughout the county. Response- This recommendation requires further analysis The Town of Tiburon strongly supports countywide collaboration to significantly reduce greenhouse gas emissions from Marin County’s building sector and participates in several successful collaborative efforts. Examples include the Marin Climate and Energy Partnership (MCEP) and the Bay Area Regional Energy Network (BayREN). Additionally, Town of Tiburon staff work with other Marin jurisdictions in several areas including participation in a countywide Technical Working Group supporting electrification, and support of the Green Building Reach Codes Steering Committees work with MCE Clean Energy. A key part of the work of these groups is the development of model reach code ordinances, a process which is well underway. These model reach codes provide a common initial framework for jurisdictions in Marin to share with the public and use in their discussions on this topic. Each jurisdiction will likely modify model reach codes to meet their own unique needs, however, it is anticipated utilizing model reach codes will result in a high level of consistency across Marin jurisdictions. In addition to contributing resources to collaborative efforts, many Marin jurisdictions devote additional resources to agency specific efforts related to climate change and energy. For example, Tiburon has a Town Council Sustainability subcommittee working with staff on assessing proposals and plans related to climate and sustainability. Sincerely, Greg Chanis, Town Manager Town of Tiburon Tiburon Town Council January 18, 2023 DI-1: REACH Codes Late Mail Requests for Copies: Lea Dilena, ldilena@townoftiburon.org From:Julie King To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Lea Dilena; Dina Tasini; Lea Dilena Subject:Comments for Council Meeting on January 18 re REACH CODES Date:Monday, January 16, 2023 4:58:59 PM Some people who received this message don't often get email from julie@julieking.org. Learn why this isimportant CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear members of the Tiburon Town Council and staff, I am a 26-year resident of Tiburon, as well as a member of the Tiburon Climate Action Committee, and I'm writing, first, to thank you for considering the three reach codes in this week's Council meeting, and to urge you to support all three. You will undoubtedly be presented with all the reasons we urgently need these reach codes enacted, having to do with greenhouse gas emissions that impact climate change, and why nimble action at the local level can and should lead the way. Hereare just two more considerations in support of Town Council action: 1. Purchasers of new, yet-to-be-constructed housing do not have a say in Tiburon's political process, but they will be the beneficiaries of the reach code that wouldmandate electrification, both because of lower up-front and long-term costs, and because of the improved impact on climate and the environment. I am the parent of twenty-somethings who are better informed than many in my generation about the benefits of electrification, and they strongly support new codes that mandateelectrification in new homes. 2. Your approval of these three reach codes will have the added benefit of educating Tiburon residents to the benefits of electrification, and the inherent risks and dangersof natural gas heating and combustion. Several years ago my old HVAC system was in need of replacement, and I wish we had known then of our options beyond common gas systems. Although the purpose of the reach codes is not to require homeowners to replace existing HVAC systems, the attention your action will attractwill help educate residents, and may have the added benefit of making them aware of alternatives when they are in need of replacing or upgrading their systems. My work schedule conflicts with your Council meeting on January 18, so I will not beable to attend in person. I appreciate your taking into account my emailed comments. Many thanks again. Sincerely, Julie King --Julie King Parent Educator415-843-1567 julieking(dot)org Co-author with Joanna Faber of: How To Talk So LITTLE Kids Will Listen: A Survival Guide to Life with Children Ages 2 - 7. #1 Best Seller inthe U.S. and Canada. Available wherever books are sold, including here. How To Talk When Kids Won't Listen: Whining, Fighting, Meltdowns, Defiance, and other Challenges of Childhood. Our second book is out! Available wherever you buy books, including HERE. The app HOW TO TALK: Parenting Tips in Your Pocket brings all the parenting tools from How To Talk to your fingertips when you need them. Available for iOS and Android. Parenting Hero app is also available for iOS and Android. Practice the How To Talk approach in this interactive game. From:Sanna Thomas To:Jack Ryan; Noah Griffin; Alice Fredericks; Holli Thier; Jon Welner Cc:Greg Chanis; Dina Tasini; Lea Dilena; Lea Dilena; Samantha Bonifacio Subject:Three Model Reach Codes: January 18, 2023 Tiburon Town Council Meeting Date:Monday, January 16, 2023 3:18:44 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Ryan, Vice Mayor Griffin, and Council Members Fredericks, Thier, and Welner, I am writing to ask you to approve the 3 model reach codes that were developed over an 8-month period by Marin County's Sustainability Team in collaboration with representatives from the building/planning departments of Marin's local jurisdictions. I have written to youpreviously in support of their adoption, but I want to re-emphasize a few things about their importance. As you know, I care deeply about climate change and worry a lot about the worldwe are leaving future generations, including my five grandchildren, three of whom were born and attend school in Tiburon. So I strongly believe the proposed reach codes will go a longway towards shifting us away from GHG-emitting fossil fuels and advance our progress towards an all-electric future in a rapid yet responsible manner. First, the reach code calling for new residential and non-residential construction to be all-electric is essential to preventing the anticipated new buildings under RHNA from adding substantially to our GHGs. We need to be reducing, not increasing our emissions!! Coupledwith the reach code establishing higher requirements for installing EV charging for new single and multi-family homes, these codes will ensure that the anticipated 639 new units allotted toTiburon under RHNA won't be adding to the GHGs emitted by all the traffic along Tiburon Boulevard (which we all bemoan). They can be showcases for living fossil-free! And becausethese new residences won't all be built now or all at once, the all-electric requirement signals to the building industry (and future home-owners) that going all-electric is the wave of thefuture that they need to prepare for in terms of skills and knowledge. Second, new construction is the relatively easy challenge to tackle; it's the existing building stock --- of which there is so much more --- that is the bigger challenge and the bigger sourceof GHG emissions. Yet we have to start somewhere. The reach code providing incentives for incorporating energy efficiency and electrification measures in major renovations is a goodfirst step and gives remodeling homeowners a variety of choices in order to reach the target score. These options range from lighting upgrades, increasing insulation, air and duct sealing,and window replacement to replacing space and water heating with electric heat pump units and installing rooftop solar panels. Each of these kinds of upgrades have points assigned tothem. As the Staff Report points out, replacement of a gas water heater or a gas space heater "would easily exceed the point requirements for any remodel." People can actually keep theirgas stove top if they want to! Third, though homeowners who are remodeling their kitchens can keep their gas stoves, they really shouldn't. Gas stoves pollute their homes because they emit lots of toxic chemicals,both when they are in use and when they aren't, and these impact respiratory and cardiovascular systems, particularly in children and the elderly. One recent study found thateven when turned off, gas stoves can emit as much benzene as a cigarette, making them similar to second-hand smoke! Using a hood over the stove would help with the indoorpollution, but many people don't bother to turn it on --- and some don't even have one at all! In closing, the three model reach codes offer a rare chance for our community to take meaningful and rapid action on climate without waiting for state and regional action. Wewould also be fulfilling several of the strategies listed in the Town's recently adopted Climate Action Plan and (again, according to the Staff Report) "constitute 48% of the Town's adoptedGHG reduction goal by 2030." Once again, Tiburon would be a trendsetter and an exemplar for effective climate action. Please take the necessary steps to adopt all three of these reach codes. Thank you as always for your climate leadership, Sanna Thomas, Ed.D 415-497-3192 (cell) From:Peter Yolles To:Jack Ryan; Noah Griffin; Alice Fredericks; Holli Thier; Jon Welner Cc:Greg Chanis; Dina Tasini; Lea Dilena; Lea Dilena Subject:January 18th Mtg Comments re: Tiburon Reach Codes Date:Monday, January 16, 2023 1:03:55 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mayor Ryan and Tiburon Town Council Members: My name is Peter Yolles and I am a resident of the Tiburon Peninsula in Belvedere. Belvedere’s Climate Action Plan indicates that 46% of emissions are generated by burning natural gas in buildings. Achieving Belvedere’s 2030 goal of reducing emissions 40% below 1990 levels is only possible in the seven years remaining if we enact these reach codes now. Each of our homes is its own power plant with multiple appliances burning fossil gas and emitting carbon 24/7/365. I also believe that Belvedere’s climate resilience is connected with Tiburon’s when it comes to adapting to sea-level rise and maintaining a reliable electrical grid. I urge you to enact the three reach codes as soon as possible to enable and empower homeowners on the Peninsula to electrify their homes. I speak from experience that: electrification is feasible, electrification is economic, and electrification leads to a safer, healthier lifestyle. While I live in Belvedere, I am writing because I think my personal experience electrifying my home may be relevant. As far as I know, my home is the first existing Belvedere home (not remodeled) to fully convert its energy use to 100% electricity. At this time, our gas meter is completely turned off and a request has been submitted to PG&E to permanently remove the gas meter. I’ve also applied for a more generous rate schedule for homes that are heated from electricity. Over the last two years, we replaced: Gas furnace with a heat pump HVAC unit to heat and cool the house. Gas-fired clothes dryer with a standard conduction electric clothes dryer. Heat pump clothes dryers are now available. Gas cooktop with an induction cooktop. Gas-fired 50 gallon hot water heater with a 50 gallon heat pump water heater, which also has a secondary conduction electric heating element. In addition, we have: Added an EV charger and two EVs. Added an electrical sub-panel to make room for the additional circuit breakers Managed a legacy 15-year old 2.5 kW solar electric PV system. No residential battery backup. Elected into MCE’s Deep Green 100% renewable energy schedule. I would like to explain a few of the lessons I learned in the hopes that Tiburon will see that not only is electrifying everything feasible, but electrifying a house is even easier and more economically viable today than even two years ago when I began. I tracked when appliances had reached their end-of-life, whether subsidies were available, if appliances can be plugged into existing 120v outlets, and whether we had to pay a “green premium.” EV: We started our electrification journey by purchasing an EV and adding a Level 2 charger. This charger cost $500 to purchase plus $500 for the electrician to install on the existing panel. This same charger is rated to charge two EVs simultaneously, so we don’t need another charger for the second EV, which we added recently. Both EVs were added at the end of the lease for the prior vehicles. Both new vehicles qualified for a $7500 federal tax credit. I estimate these vehicles cost the same as what a gas model of the same quality would have cost, so there is no green premium. Heat Pump HVAC: We decided years ago that we wanted to install air conditioning even before we became aware of heat pumps. We received bids from 5 different firms and found that the all-in cost of a heat pump was about the same or less than adding conventional air conditioning. A heat pump can heat and cool the house. Therefore, I believe there was no incremental cost and no green premium above conventional A/C. The heat pump did require a 40-amp, 220v power supply. We added a sub-panel for this and future circuits. BayRen provided a $1000 rebate. Heat pump water heater: We replaced a 50 gallon gas heater with a heat pump version of the same capacity. The prior model was 30 years old and had reached end-of-life. Our electrician added a 240v connection. We’ve since learned that most heat pump hot water heaters today require only 120v. Since installing this one year ago, we have never run out of hot water, even when both our college age children are at home. BayRen offers a $1000 rebate for heat pump water heater installations. The green premium net of the rebate was about $1000 due to installation from additional venting. Clothes dryer: Our prior fossil gas clothes dryer had reached its end-of-life. We chose a standard electric clothes dryer, which required 240v. We have found no performance difference between gas and electric. Luckily, that location was already wired for 240v. Heat pump clothes dryers now qualify for a $300 rebate and all run on 120v. Both gas and electric models cost the same, so no green premium. Induction cooktop: Our prior gas cooktop was just 5 years old and not near end-of-life. However, in order to turn off the gas at the home completely, this had to go and was the subject of much conversation. Ultimately, we purchased a similar model with similar dimensions for the cutout in our countertop. In fact, the new induction cooktop was an inch shallower in depth, so our spice drawer underneath slides with more room. The cooktop required 220v hookup, which did require an electrician. (Some new ranges have an on-board battery for 120v plug-in.) We received a $750 BayRen rebate and we re-sold the older cooktop for $1000. So our incremental cost (excluding electrician) was about $2000. Lastly, we became aware that using the gas cooktop, even with the vent operating, caused our indoor Purple Air AQI monitor to indicate unhealthy levels of PM2.5 fine particulates, and even our air filter’s sensor would warn of particulates. So we are healthier without the gas in our home since fossil gas cooktops are now proven to leak gas, which can cause asthma, and whose emissions of benzene are carcinogenic. Sub-panel: Our home has a standard 200 amp connection. Our electrician did the math and added up all the amp requirements for our existing and new electrical appliances and concluded that we could live within the 200 amp budget. I suspect this will be a question that each homeowner will face, so I will share the biggest lessons on this topic. 1. Our electrician was unaware of any home in Tiburon/Belvedere exceeding their amperage and shutting off. 2. It would be very rare that ALL the appliances are on at the same time. 3. Maximum appliance amperages are required usually only at startup. They often are designed to recede or lower after startup. 4. New heat pump water heaters now require only 120v and 15 amps (instead of 240v and 40 amps). In summary, we added a sub-panel to add more circuits. Today, with many more appliances running on 110v, many homes may not need to add sub-panels at all. Electric appliances running 110v include heat pump water heaters, heat pump clothes dryers and some induction stoves that have a battery for startup. One-Stop Shopping: While we utilized several different vendors to electrify everything, today there are new operators that can handle every aspect of a residential project from adding a sub-panel to installing heat pumps to applying for incentives. These vendors will make it easier and simpler for homeowners to complete the project efficiently. Let me briefly share two questions and responses because they are probably commonly shared. Question: What about when the power goes off in a rolling blackout? How do you cook your meals since we usually rely on lighting the cooktop with a match? Answer: We have a propane barbeque with a side burner in the backyard, and have an extra tank just in case. I would expect that most residents also have this and it’s a great backup alternative. If not, the Coleman Classic propane camping stoves are a cheap alternative for backup outdoor use at under $50. Question: Don’t you want one conventional, internal combustion engine car in case the power goes out? Answer: We have solar panels and can charge our EVs directly from the sun during the day. We try to keep them charged at least 50% just in case. Eventually, we will purchase a bi- directional charger to stream electricity back into the house from the cars. A standard 65 kW battery on an EV is equivalent to four Tesla powerwalls (13.5 kW each), so there should be plenty of juice to run the house in brief outages. In conclusion, our electrification journey has been positive, healthier and modest in incremental cost (aka green premium). We replaced appliances at end-of-life where possible. We added air conditioning through the heat pump HVAC to make our home more comfortable as the climate gets hotter. Our indoor air quality has improved. And we are more earthquake safe because we don’t have a gas line that could rupture and combust in an earthquake. Electrification is the future, so let’s get on with it today and show our kids and grandkids that we can take action to leave them a more optimistic, more hopeful future. Figure 1: Natural Gas Usage from January 2021 to December 2022. Annual gas consumption declined from about 600 therms to 0 therms as various appliances were replaced throughout the year. January gas consumption declined from 100 therms per month in 2021 to 0 therms in Jan 2022. The remaining bar small bar September 2021 to January 2022 reflects gas cooktop use, which now has been replaced by induction. Source: PG&E website in personal account. Accessed January 18, 2022. Figure 2: Natural Gas Usage January 2022 - December 2022 compared to similar homes My home’s annual gas usage during 2022 shows zero gas consumption with a comparison to other homes based on PG&E data. Source: PG&E website in personal account. Accessed January 16, 2023. ----Peter Yollespyolles@gmail.com415.203.0432 From:Shiriel King Abramson To:Jack Ryan; Noah Griffin; Alice Fredericks; Holli Thier; Jon Welner Cc:Greg Chanis; Dina Tasini; Lea Dilena; Lea Dilena Subject:In Support of Model Reach Codes: January 18 Meeting Date:Monday, January 16, 2023 4:25:32 AM Some people who received this message don't often get email from skingabramson@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tiburon Town Council, I'm writing to express my enthusiastic support for the 3 model reach codes in defense of our climate and the well-being of Tiburon's residents. I'm a 25-year-old woman with a master's degree in Sustainability Science and Practice fromStanford University. I'm so grateful to have grown up in Tiburon, where I breathed fresh air almost every day (until the wildfires), and where I was surrounded by adults who cared aboutmy future. Yet I know that my future is at stake with every passing day our planet warms, that the rising emissions from buildings and cars are directly putting my health at risk and profoundlyshaping my expectations for what kind of life I'll be able to live. I also know that when local governments act, they model for other jurisdictions that bold climate action is possible. Theycreate positive ripple effects that shape the course of history. I'm inspired by the many victories of the environmental movement in Marin, victories that demonstrate that change doesnot come from the voice or strength of a single person, but rather from the collective actions of local governments and citizens everywhere daring to do what is right. Thus, I urge you to pass these model reach codes. Regarding the first reach code, Marin is in a building boom driven by the Regional HousingNeeds Allocation. Buildings are a big contributor to GHG emissions, representing about one- quarter of all emissions, so if we want to avoid blasting past our GHG goals, we need to actquickly to make sure more buildings do not create more emissions. Pass the first reach code, please! Regarding the second reach code, buildings that use natural gas as a fuel are major sources ofGHG emissions. Just like new buildings, major renovations (more than 750 square feet or as defined by the jurisdiction) also need to support our GHGreduction goals. Pass the second reach code, please! Regarding the third reach code, as California moves rapidly towards widespread adoption of EVs, we need to commit to building a comprehensive infrastructure of chargers. We doespecially well to commit to installing bidirectional charging equipment, so that California's growing fleet of bidirectional vehicles like Nissan Leafs can serve as "batteries on wheels" tokeep the lights on during blackouts. Pass the third reach code, please! Thank you for taking action toward a livable future for me and my generation. All my best, Shiriel From:CARLOYN LOSEE To:Town; Sanna Thomas; jweiner@townoftiburon.org; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Subject:Model reach codes Date:Tuesday, January 17, 2023 2:19:08 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Town Council, I'm writing to commend you for considering to adopt the 3 proposed building and electrification reach codes. Our health is only as good as that of our (indoor and outdoor) environments. I believe that both our Climate Action Committee and Plan provide ample information that points us away from fossil fuels. Also, I would like to request a sign at The Cove Shopping Center that lists the progress the Town of Tiburon has made to address the Environment. Thank you very much,Carolyn Losee Tiburon Resident From:Don Mathews To:Jack Ryan; Noah Griffin; Alice Fredericks; Holli Thier; Jon Welner Cc:Dina Tasini; Greg Chanis; Lea Dilena Subject:Reach Codes Date:Tuesday, January 17, 2023 4:24:51 PM [Some people who received this message don't often get email from donaldommm@hotmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe. Salutations!Thank you all for your honorable support of Climate Action Plans. Concerning the Reach Codes that are on the Town Council’s agenda for your Jan. 18 meeting, I strongly support thenew model reach codes that were developed by Marin County’s Sustainability Team in collaboration with Planningand Building officials of all eleven Marin towns and cities. These codes, in summary, are:(1) to enact new requirements for all new residential and non-residential buildings to be all-electric (especiallyincluding high-efficiency electric heat pump water and space heaters, and induction cooktops), in order to ensurethat they will be free of GHG-emitting natural gas that is harmful to human health and natural ecosystems; (2) tocreate effective incentives for greater energy efficiency and electrification in major remodels and renovations inexisting buildings; and (3) to set higher requirements for installing EV charging infrastructure for new single andmulti-family residences, and to require electrical service panels to be upgraded during renovations. Thank you for your consideration. Don Mathews 50 Harbor Oak Dr., #31 Tiburon (415) 599-6670 From:David Ford To:Jack Ryan; Noah Griffin; Alice Fredericks; Holli Thier; Jon Welner Cc:Greg Chanis; Dina Tasini; Lea Dilena; Lea Dilena Subject:Town Counsel Meeting January 18, 2023 - Agenda item - 3 model reach codes for building and vehicleelectrification Date:Tuesday, January 17, 2023 11:14:27 PM Some people who received this message don't often get email from dford415@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Tiburon Town Council Members: We are writing to express our support for your immediate adoption to the 3 model reach codes for building and vehicle electrification. The 1st reach code would require that all new residential and non-residential buildings be all-electric. The 2nd reach code addresses energy efficiency and electrification in existing buildings by creating incentives for homeowners through a point and target system for major remodels and renovations. The 3rd reach code sets higher requirements for installing EV charging infrastructure for new single and multi-family residences and for upgrading electrical service panels during renovations. We wish that we could join you for the meeting to express our request in person and share our personal experience but unfortunately we are unable to. We would welcome the opportunity to share our personal experience at a later date. We havejust completed construction of a new home on Corinthian Island. Our site was a very challenging, steep, north facing, infill lot. For health and environmental reasons we chose to build an all electric home with solar panels and a battery back-up system. Our home is heated with heat pumps, we have an induction cooktop, a heat pump hotwater heater and a heat pump dryer. It was absolutely the right thing to do but, frankly, we were surprised that including natural gas in new construction was even an option. Given what we all know about the environmental and health dangers, building an all electric house is a no brainer. In addition though, it's our understanding that,even without considering the benefit of residential solar panels, today somewhere around 70% of retail electricity in California comes from renewable sources and that Senate Bill 1020, which puts the state on the path to achieving 90% renewable energy and zero-carbon electricity by the end of 2035 and 95% by the endof 2040 as milestones to an eventual target of 100% by 2045. Therefore, even with the limited amount of solar energy we can produce on our north-facing lot, we can be proud to say that almost all of the energy we consume today is renewable. Given the State's goals and given the fact that a new furnace or hot water heater might lasttwenty plus years it no longer makes any sense to use natural gas. Add to that, few houses in Tiburon have as little solar exposure as our house so most houses could be at or near net zero today when factoring in the high percentage of renewable energy already available. Tiburon should be a leader in making this all important change. Within a few years nearly every town in California will not permit new houses to incorporate natural gas. We understand that many people will tell you they can't do without their gas range. The French Laundry uses induction, not gas, so we figurethat if they can learn to use an induction cooktop we can too. Our guess is that a few years after that high percentage of towns in California eliminate natural gas from new construction, those towns will likely put a time frame after which no existing gas appliances can be replaced. Vancouver Canada and many towns in Washingtonalready have that restriction in place. So, the bottom line is that you're doing current and future residents a favor by eliminating gas from new construction today. At our new home, we have the health benefits of a gas free home. We don't have to worry about having an appliance that may one day not be able to be replaced. And,even if we had no help from our solar panels, we could have the confidence (and pride) that every year that passes a higher and higher percentage of our total energy consumption is renewable. We would be happy to answer any questions you might have about our experience. Our phone numbers and email addresses are listed below. If there is anything else we can do to help, please let us know. Regards,Tandy & David Ford 85 Eastview Avenue, PO Box 774, Tiburon CA 94920 dford415@gmail.com415-860-3673 tandyrford@gmail.com 415-518-2968 From:shirley huang To:Jack Ryan; Noah Griffin; Alice Fredericks; Holli Thier; Jon Welner Cc:Greg Chanis; Dina Tasini; Lea Dilena; Lea Dilena Subject:Tiburon Town Council meeting 1/18/2023: Reach Codes Date:Wednesday, January 18, 2023 9:34:49 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. January 18, 2023 Dear Mr. Mayor and Councilmembers Griffin, Fredericks, Thier, and Welner, Three building electrification reach codes from Marin County’s Green Building code are pending approval. It iscritical to adopt the model ordinances as part of our strategies to address the climate crisis, because Transportationand Buildings are the two sectors responsible for the greatest amount of greenhouse gas (GHG) emissions inTiburon. The first reach code is for all new construction to be all-electric. Since it is much less costly to build new all-electricbuildings than it is to retrofit them, this is an excellent target to decrease GHG emissions and to not add more morefossil fuel consumption, from the 639 additional housing units projected by 2030. Savings are most marked if gaslines can be omitted entirely. A second reach code is for major renovations to require electrification or othermeasures from a provided menu. Building electrification has health benefits, by removing indoor pollution produced by gas combustion fromfurnaces, water heaters, clothes dryers, fireplaces, stoves, and ovens. While gas stoves are much in the news thesedays, the key reductions in GGH emissions achieved by building electrification arise from replacing natural gas useas fuel for space and water heating. While cleaner than coal, natural gas is still a fossil fuel, and methane leaksduring its drilling, extraction, and transportation. (Methane is a powerful but short-lived climate pollutant; reducingmethane emissions is critical for achieving near-term gains in this decade.) The third reach code updates existing requirements by setting higher targets for “EV Capable,” “EV Ready,” and“EV installed” units for new residences and new parking sites, to make EV charging more available, especially forthe 30% Tiburon residents who are renters. The reach codes include reasonable exceptions and address cost-effectiveness. The IPCC reports based on scientificconsensus tell us that global emissions need to be cut in half by 2030 and reach zero before 2050. While stateregulations may follow in a few years, immediate action is imperative and I urge the Tiburon Town Council toembrace the three reach codes. Thank you to Mayor Ryan for reaching out to the community with thoughtful questions. Thank you to the TiburonTown Council for your work on Tiburon’s Climate Action Plan and for being mindful that every action to decreaseCO2 matters. Sincerely,Shirley Huang, M.D.member of the community Tiburon Climate Action group