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Home My WebLink AboutTC Agd Pkt 2016-07-20NOTICE OF SPECIAL MEETING CANCELLATION The special meeting of the Tiburon Town Council scheduled for 6:45 p.m. on Wednesday, JULY 20, 2016 has been cancelled. The Regular Meeting will take place at 7:30 p.m. on July 20, 2016, at 1505 Tiburon Boulevard, Tiburon CA 94920. s/ DIANE CRANE IACOPI, TOWN CLERK Posted at Town Hall cc: The Ark and Marin Independent Journal TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard • Tiburon, CA 94920 Tiburon Town Council July 20, 2016 Special Meeting - 6:45 p.m. Regular Meeting - 7:30 p.m. TIBURON TOWN COUNCIL AGENDA SPECIAL MEETING AGENDA 6:45 p.m. CALL TO ORDER AND ROLL CALL Councilmember Doyle , Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Fraser, Mayor Tollini 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. CLOSED SESSION Public Employee Performance Review: Government Code Section 54957 Title: Town Manager ADJOURNMENT - to regular meeting REGULAR MEETING AGENDA 7:30 p.m. CALL TO ORDER AND ROLL CALL Councilmember Doyle , Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Fraser, Mayor Tollini ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes —Adopt minutes of June 1 and June 15, 2016 meetings (Town Clerk Crane Iacopi) Town Investment Summary — Accept report for period ending June 30, 2016 (Director of Administrative Services Bigall) 3. League Voting Delegate — Approve appointment of delegate to League of California Cities Annual Meeting in October (Town Clerk Crane Iacopi) 4. Grand Jury Reports — Authorize Town response to Grand Jury Reports on a) Police Firearm Security; and b) Web Transparency (Town Manager Chanis) 5. Hazardous Material Spills — Recommendation to approve execution of Joint Powers Agreement for Hazardous Materials Spill Management (Town Manager Chanis) ACTION ITEMS 1. Town of Tiburon 2016 Consolidated Reassessment District — Consider actions related to the formation of the district (Town Manager Chanis): a) Resolution of Intent to Levy Reassessments and to Issue Refunding Bonds Upon the Security Thereof; b) Resolution Adopting a Reassessment Report for the 2016 Consolidated Reassessment District, Confirming and Ordering the Reassessments Pursuant to Summary Proceedings and Directing Actions with Respect Thereto; c) Resolution Authorizing Issuance of Refunding Bonds for the 2016 Consolidated Reassessment District, Providing for Execution of a Fiscal Agent Agreement and Other Matters With Respect Thereto, and Making Findings With Respect to and Approving the Issuance of Bonds by the Tiburon Public Financing Authority. ADJOURNMENT - 7:35 p.m. ADJOURN TO CONDUCT THE MEETING OF THE TIBURON PUBLIC FINANCING AUTHORITY IN TOWN COUNCIL CHAMBERS AGENDA TIBURON PUBLIC FINANCING AUTHORITY JULY 20, 2016, 7:35 PM ORAL COMMUNICATIONS Persons wishing to address the Tiburon Public Financing Authority on subjects not on the agenda may do so at this time. Please note however, that the Tiburon Public Financing Authority 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 Tiburon Public Financing Authority meeting agenda. Please limit your comments to three (3) minutes. ACTION ITEMS 1. Town of Tiburon 2016 Consolidated Reassessment District - Adopt resolution Authorizing the Issuance and Sale of Revenue Bonds for the Purpose of Financing the Acquisition and Reassessment Bonds for the Town of Tiburon 2016 Consolidated Reassessment District, and Approving Related Agreements and Actions (Town Attorney Stock) ADJOURNMENT RECONVENE REGULAR MEETING - Tiburon Town Council (7:40) ACTION ITEMS (continued) 2. Tiburon Bicycle and Pedestrian Master Plan Update - Review and Consider Adoption of Updated Plan; Consider Initial Study and Adoption of a Draft Negative Declaration for the Nan Update (Department of Public Works/Community Development Department) 3. Capital Project Planning - Recommendation to form ad hoc Council subcommittee to set priorities for capital project planning (Town Manager Chanis) TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests - June 17 & 24, 2016 • Town Council Weekly Digests - July 1, 8 & 15, 2016 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- 737T Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere -Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.townoftiburon.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability -related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN OF TIBURON LATE MAIL POLICY (Adopted and Effective 11/7/2007) The following policy shall be used by the Town Council and its standing boards and commissions, and by staff of the Town of Tiburon, in the identification, distribution and consideration of late mail. DEFINITION "Late Mail" is defined as correspondence or other materials that are received by the Town after completion of the written staff report on an agenda item, in such a manner as to preclude such correspondence or other materials from being addressed in or attached to the staff report as an exhibit. IDENTIFICATION OF LATE MAIL All late mail received by Town Staff in advance of a meeting shall be marked "Late Mail" and shall be date-stamped or marked with the date of receipt by the Town. Late mail received at a meeting shall be marked as "Received at Meeting" with a date -stamp or handwritten note. POLICY For regular meetings of the Town Council and its standing boards and commissions: (1) All late mail that is received on an agenda item prior to distribution of the agenda packet to the reviewing authority shall be stamped or marked as "Late Mail" and shall be distributed to the reviewing authority with the agenda packet. (2) All late mail received on an agenda item before 5:00 PM on the Monday prior to the meeting shall be date-stamped and marked as "Late Mail" and distributed to the reviewing authority as soon as practicable. Such mail shall be read and considered by the reviewing authority whenever possible. If the Monday, or Monday and Tuesday, prior to the meeting are a Town -recognized holiday, the deadline shall be extended to the following day at Noon. (3) Any late mail received on an agenda item after the deadline established in paragraph (2) above shall be date-stamped, marked as "Late Mail" and distributed to the reviewing authority as soon as reasonably possible, but may not be read or considered by the reviewing authority. There should be no expectation of, nor shall the reviewing authority have any obligation to, read or consider any such late mail, and therefore such late mail may not become part of the administrative record for the item before the reviewing authority. These provisions shall also apply to special and adjourned meetings when sufficient lead time exists to implement these provisions. If sufficient lead time does not exist, the Town Manager shall exercise discretion in establishing a reasonable cut-off time for late mail. For controversial items or at any meeting where a high volume of correspondence is anticipated, Town staff shall have the option to require an earlier late mail deadline, provided that the written public notice for any such item clearly communicates the specifics of the early late mail deadline, and the deadline corresponds appropriately to any earlier availability of the agenda packet. Pursuant to state law, copies of all late mail shall be available in a timely fashion for public inspection at Tiburon Town Hall, 1505 Tiburon Boulevard, Tiburon CA 94920. CALL TO ORDER Vice Mayor F on Wednes California. er called th re ay, June 1, 2016, in CC-/ TOWN COUNCIL MINUTES ular meeting of the Tiburon Town Council to order at 7:30 p.m. own Council Chambers, 1505 Tiburon Boulevard, Tiburon, ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell ABSENT: COUNCLMEMBERS: Tollini PRESENT: EX OFFICIO: ORAL COMMUNICATIONS Town Manager Chanis, Town Attorney Stock, Director of Community Development Anderson, Director of Public Works/Town Engineer Barnes, Director of Administrative Services Bigall, Chief of Police Cronin, Town Clerk Crane Iacopi Ron Hurwin of Tenaya Drive spoke about a project proposed by the neighbors in the Reed Heights/Tiburon Knolls and Del Mar neighborhood areas to remove the non-native eucalyptus and pine trees on the McKegney Green Knoll. He said they are calling the project the "McKegney Green Knoll Tree Restoration Project". Hurwin provided an arborist's report in support of the initiative, as well as a map of the affected area and location of trees proposed to be removed. Hurwin said the focus of the project is native plant restoration, fire safety, and view restoration. He said the neighbors propose this as a town land management project, however, he said they would raise private donations in the amount of $30,000 to help fund it. He also said the project would complement the other town projects in the area — the restoration of McKegney Green and the Trestle Berm. Vice Mayor Fraser thanked Mr. Hurwin, and noted that while the Council could take no action on an unagendized matter, he directed him to discuss the matter further with Town staff in the Community Development Department. 11 Minutes #xx -2016 June 1, 2016 Page 1 CONSENT CALENDAR 1. Town Council Minutes — Adopt minutes of May 18, 2016 regular meeting (Town Clerk Crane Iacopi) 2. Library Agency Joint Powers Agreement — Recommendation to adopt first amendment to the Joint Powers Agreement for the Belvedere -Tiburon Library to change the terms of service for appointed board members from three to four years (Town Clerk Crane Iacopi / Library Director Mazzolini) 3. Police Department Administrative Services — Recommendation to approve renewal of Agreement for Police Department Administrative Services with the City of Belvedere, effective July 1, 2016 through June 30, 2017 (Chief of Police Cronin) Vice Mayor Fraser asked to remove Item No. 1. He added to the sentence about Woodlands Market on page 4, paragraph 6, "when they first came to Tiburon and opened their store". MOTION: To adopt Consent Calendar Items 2, and 3 as submitted Moved: O'Donnell, seconded by Doyle Vote: AYES: Unanimous ABSENT: Tollini MOTION: To adopt Consent Calendar Item No. 1, as amended. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Tollini ACTION ITEMS 1. Public Finance Authority — Adopt resolutions creating the Tiburon Parking Authority and approve execution of a Joint Exercise of Powers Agreement between the Town and the Tiburon Parking Authority to create a public finance authority for the purpose of bond refinance (Town Manager Chanis) Town Manager Chanis said Town staff was exploring the possibility of refinancing the Town's previously -formed undergrounding assessment districts by issuing refunding bonds with lower interest rates. He said the idea had been discussed at the Council retreat, and subsequently by the Council budget committee. Chanis noted that the City of Belvedere is working on the formation of its own parking authority for the purpose of bond refinancing. He said that because two public entities are required in order to form such an authority, the Town would need to form a separate parking authority, as well, in order to accomplish this. DRAFT Town Council Minutes #xx -2016 June 1, 2016 Page 2 Chanis said that depending on interest rates, the refinancing could reduce annual property assessment payments for property owners in the following districts: • 1999 Main Street District • 2001 Stewart Drive Undergrounding District • 2005 Del Mar Valley Utility Undergrounding District • 2010 Del Mar Supplemental Undergrounding District • 2005 Lyford Cove Undergrounding District 1&2 • 2006 Lyford Cove Supplemental Undergrounding District In his report, the Town Manager explained in more detail the legal mechanisms that allow a public entity to form either a parking authority or housing authority, for the purpose of refinancing bonds. He provided some local examples, such as a recent refinancing of bonds by Sanitary District No. 5. He said staff recommended the formation of a parking authority (rather than a housing authority) and listed the steps the Council should take to enter into a joint powers agreement. He then introduced bond counsel Paul Thimmig, and bond underwriter Mark Pressman, who were present to answer Council questions. Councilmember Fredericks asked if "parking" was simply the name of the financing authority, or whether it represented something to do with parking. Mr. Thimmig explained that the Council would first create the statutory authorized parking authority, and then the parking authority and the Town would form the joint powers agreement to create the Tiburon Public Financing Authority, which would become the actual financing authority. He said these authorities have broad powers but need revenue. He said virtually every city had such a financing authority in the form of a redevelopment agency but changes in state law had eliminated this model. He said the financing authority would have very little to do, as it cannot collect revenue, and there would be some administrative costs, including an annual audit. He said these costs can be included in the bond refinancing. Fredericks asked what types of civic projects were financed by such an authority. Thimmig said city halls (with lease agreements that are allowed under state law), certificates of participation, assessment bonds, and Mello -Roos bonds. Mark Pressman noted that financing for the development of Point Tiburon had used the Town's Redevelopment Agency (RDA) as its financing authority. Pressman said last year, the last of these Mello -Roos bonds were paid off and the JPA ceased to exist; he, too, said the new parking authority could replace the RDA as a financing authority for the Town. Fredericks asked about the selection of a parking authority over a housing authority. Town Manager Chanis noted these were the two options available; Town Attorney Stock added that a parking authority was the easiest mechanism and created the least burden on the Town. DRAFT To►+at Council Minutes #xx -2016 June 1, 2016 Page 3 Councilmember O'Donnell commented that this was basically a refinancing mechanism rather than a development mechanism. He said that if a capital project arose that the Town wanted to fund, it would still need revenue to fund it. Vice Mayor Fraser asked about the actual savings to the districts by refinancing. Town Manager Chanis said of the 780 parcels involved, the average annual savings would be $125,000 in the aggregate, and that when the bonds are paid off, it will represent a savings of $2.25 million in interest (or a present value of $960,000). Councilmember Fredericks commented that the current bondholders would not realize their projected returns in interest on their investment. Mr. Thimmig said this was correct; that the homeowners would realize the savings, in this case. Mr. Pressman said it was like shopping a mortgage in order to save money. Ms. Fredericks said it was an excellent idea. Vice Mayor Fraser opened the item to public comment. There was no public comment. MOTION: To adopt Town Council resolution forming the Parking Authority. Moved: O'Donnell, seconded by Doyle Vote: AYES: Unanimous ABSENT: Tollini MOTION: To adopt Town Council resolution authorizing execution of the Joint Powers Agreement. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous ABSENT: Tollini ADJOURNMENT Vice Mayor Fraser moved to adjourn the meeting and reconvene the Council as the Board of the Tiburon Parking Authority. AGENDA TIBURON PARKING AUTHORITY JUNE 1, 2016, 7:40 PM TOWN COUNCIL CHAMBERS ROLL CALL Boardmembers Present: Vice Chair Fraser, Boardmembers Doyle, Fredericks, O'Donnell Absent: Chair Tollini DRAFT Town Council Minutes #xx -2016 June 1, 2016 Page 4 ORAL COMMUNICATIONS None. ACTION ITEMS 1. Public Finance Authority — Adopt a resolution authorizing the execution of a Joint Exercise of Powers Agreement relating to the Tiburon Public Financing Authority. Vice Chair Fraser waived the staff report. No one from the public wished to address the Council on this item. MOTION: To adopt resolution authorizing execution of the Joint Exercise of Powers Agreement with the Town of Tiburon. Moved: Doyle, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Tollini ADJOURNMENT RECONVENE REGULAR MEETING — Tiburon Town Council (7:45) PUBLIC HEARINGS Vice Mayor Fraser took Item No. 2 first. 2. Marin Municipal Water District (MMWD) Water Efficient Landscaping — Amend Title IV, Chapter 13E (Water Efficient Landscape) of the Tiburon Municipal Code to adopt by reference the most current MMWD ordinance regarding water -efficient landscapes and water conservation (Community Development Department) — Second reading and adoption of ordinance Vice Mayor Fraser waived the staff report and opened the public hearing. There was no public continent and the Vice Mayor closed the public hearing. He asked for Council comments. There were none. MOTION: To read the ordinance by title only. Moved: Doyle, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Tollini Vice Mayor Fraser read, "An ordinance of the Town Council of the Town of Tiburon amending DRAFT Town Council Minutes kxx -2016 June 1, 2016 Page 5 Title IV, Chapter 13E (Water Efficient Landscape) of the Municipal Code and adopting by reference Marin Municipal Water District (MMWD) Ordinance No. 430 regarding water conservation." MOTION: To adopt the ordinance, as submitted. Moved: Doyle, seconded by Fredericks Vote: AYES: Doyle, Fraser, Fredericks, O'Donnell ABSENT: Tollini 1. 2016 -17 Municipal Budget — hntroduction of Fiscal Year 2016-17 Municipal Budget and Capital Improvement Program (Town Manager Chanis/ Director of Administrative Services Bigall) Town Manager Chanis provided a power point presentation showing the sources of anticipated revenues and expenditures for FY 2016-17. He said the proposed budget showed revenues of $11,092,307 and expenditures of $10,838,457, with an operating surplus for the year in the amount of $253,850. Chanis said operating revenues were projected to increase by 4% in the coming year. He attributed this to an increase in property and other taxes, franchise fees, building permits and license fees, investment earnings, fines, and a few other sources. The Town Manager said expenditures were anticipated to rise by 6.9% as a result, among other factors, of compensation increases, an estimated 10% medical insurance rate increase in 2017, and by moving the Town's contribution to the Yellow Bus program from the capital budget to the operating budget. He also noted the recommendation endorsed by the Council budget committee to pay down the Town's unfunded post -employment benefits (OPEB) liability, as well as a Council -approved expenditure in the amount of $20,000 for the new summer/fall Farmer's Market on Main Street. Also included in the coming year's budget is $50,000 for seasonal help in the Public Works Department, which Chanis said would make more economic sense than adding a full-time position. He also noted the Council decision to fund the Yellow Bus program for another year would reduce the operating surplus from $500,000 or more to the amount stated above ($253,850). Chanis and Director of Administrative Services Bigall described in more detail the recommendation to pay down the Town's OBEB and Ca1PERS liabilities. They said this would include moving funds from the OPEB Reserve to a third -party trust and continue to fund the annual "pay as you go" expense out of the operating budget. But he said staff also recommended a reduction in the additional annual contribution to OPEB from the current amount to 1% of payroll, or approximately $38,000 for FY 2016-17. DRAFT Town Council Minutes iixx -2016 June 1, 2016 Page 6 Director of Administrative Services Bigall described another recommendation; namely a transfer of $1.25 million to pay down the Town's unfunded liability. She said staff proposed a one-time payment of $200,000 this year, while continuing to make the required contributions and annual amortized payment from the operating budget. Bigall said that both of these changes described above would result in net increase to the proposed budget of $19,000. In response to a question from Councilmember Fredericks, Director Bigall said that the OPEB liability was a closed pool; that the payments towards this liability would eventually go away. She said that investing funds now in the trust would create enough income for the Town to make its "pay as you go" payments. She also noted it was the only post -employment benefit the Town ever had and it is no longer a benefit provided to employees hired after 2009, 2010, and 2011, depending on employee group. Councilmember O'Donnell concurred with this approach and said the actuarial hired by the Town to study these liabilities had recommended it. But he asked what would happen when the OPEB payments "went away". Bigall said eventually the trust would make both principal and interest payments, and the Town could have the trust reimburse itself if it chose to do so. O'Donnell said that this language should be clearly added to the trust documents. Town Manager Chanis said the Town would be able to review the legal documents before the transfer of funds was made. Chanis said there were a few more pieces of the puzzle. He said the payment of $200,000 toward the PERS liability would result in savings and interest over 28 years of around $3 million. O'Donnell said Mayor Tollini, his colleague on the budget committee, was very keen on this because the Town now paid 7.5% interest on this liability. He said it would require budgeting for a $200,000 annual payment for about 12 years to realize this savings. Town Manager Chanis concurred and noted this was in addition to the Town's other, non -optional payment to PERS. Director of Administrative Services Bigall then reviewed the General Fund expenditures by department. This was followed by a discussion of General Fund reserves at fiscal year-end. The Council expressed some concerns about the rising expenditures for legal services, as it had changed the model in the previous year to hire a contract attorney, with a thought of controlling costs. Director Bigall said legal settlements are an "unknown" that had contributed to the increase in legal department costs. She also said the previous Town Attorney had fixed costs for salary and benefits and noted that it was still unclear exactly what the cost would be for hours worked by the contract firm. Town Manager Chanis agreed that these unknowns are difficult to predict; also that some unusual issues had arisen during the past year requiring special time and study by the DRAFT Toii'n Council Minutes #xx -2016 June 1, 2016 Page 7 new attorney. He said these included the new gun ordinance, the formation of the Yellow Bus [Traffic Relief] JPA, as well as other issues. Councilmember Fredericks suggested that it is important to look at what's paid out in settlements and separate out that number when reviewing the department budget. Councilmember O'Donnell also asked if hourly costs might be recouped in certain projects, such as undergrounding. He said that the Town's undergrounding policy spoke to this. Town Attorney Stock said he agreed with this line of thinking; however, he noted a recent court decision that says only bond counsel can be reimbursed in the formation of undergrounding districts, as opposed to the Town's attorney. He did point out that other staff members' time can be recouped. Town Manager Chanis said the proposed budget for the Hawthorne undergrounding did include some administrative time. Vice Mayor Fraser noted the "people costs" of running the town was around 62% of the operating budget. He said that while wage increases were "modest" he noted double-digit increases in benefits in some areas. He also noted that the increases varied by department and wondered why. Director Bigall noted that there are increases to medical insurance and the like. But she also said that one reason for the variation by department was that Ca1PERS no longer charges for its costs by percentage of payroll; therefore, when she spread the cost between the departments, it was presented differently than in previous years. Vice Mayor Fraser asked for a more detailed explanation, perhaps in a one-on-one meeting or through a memorandum to Council, in order to aid his understanding of this complex issue. Councilmember Fredericks commented on the funding of the Yellow Bus program in future years. She said that small jurisdictions such as ours would have trouble sustaining these annual contributions. She said she would like assurances that the program itself is sustainable, and whether there are alternate sources of funding contemplated for the future. She asked that the Council be apprised of these matters prior to the budget hearings in the next fiscal year. Vice Mayor Fraser said that the JPA has this very issue on its agenda but conceded there was not a clear answer to the question at this moment. He said the goal of the JPA was to migrate to a sustainable model. Town Manager Chanis agreed that this was a significant expenditure and said the new JPA was looking at a funding stream so that it would not be reliant upon the Town's General Fund. In concluding her presentation, Director Bigall said that the Town budget had started the year with $13.5 million in General Fund Reserves and would end with $11.3 million. She recapped that $1.25 million would be transferred to OPEB and $1.1 million would be transferred to capital improvement projects. DRAFT Town Council Minutes # x -2016 June 1, 2016 Page 8 In his portion of the presentation, Director of Public Works Barnes described the Capital Improvement Program (CIP) component of the budget. He said the total budget for the year is $1,962,000. He noted the "streets" [street rehabilitation] portion was in an "off' year; and that the Town now does this program every other year to take advantage of economies of scale. Councilmember O'Donnell asked how this would affect the Town's Pavement Condition Index (PCI). Barnes said it would take a slight one year dip, but he also said the Town PCI is ranked at 77; a very high number. Director Barnes described the community projects scheduled for the year: 1) Blackfield Drive crossing improvements (mostly grant funded); 2) Drainage infrastructure — to video all the remaining pipes; 3) Undergrounding projects (Lyford to Ned's Way); 4) the Trestle Berm pathway (Town to manage project and contribute up to $40,000); and 5) Ferry landing upgrades to replace worn timbers and bring up to ADA compliance (also Measure A grant funded). Councilmember O'DonneIl commented that the repairs to McKegney Green were not mentioned in the CIP budget. He asked if a budget amendment would be required for this. Town Manager Chanis said there was a $200,000 line item for the project that was dependent on whether the Council voted to move forward with the design phase. Director Barnes added that the RFP for the design phase was mailed out today. Vice Mayor Fraser encouraged thinking "outside the box" in the future and considering more ways to utilized shared services. He said the Town had entered into a successful model with the City of Belvedere through sharing the services of Chief Seyler for administrative functions. He also said the Traffic Relief JPA was experimenting with this, utilizing staff at the Marin Transit Agency. He said the agency was helping not only Belvedere and Tiburon, but Mill Valley and Ross, as well, with their bus programs. He suggested the Town might explore this concept in other areas of our operations. He said with technological advances it might be possible to look deeper and uncover some solutions to the "people costs" that continue to rise. He wondered whether this was something the department heads and Town Manager might take on; he said it might be a "positive disruptor". There being no further Council comments, Vice Mayor Fraser opened the public hearing. There was no public comment. Vice Mayor Fraser closed the public hearing. MOTION: To continue the matter for adoption of the FY 2016-17 Municipal Budget to the June 15, 2016 regular meeting. Moved: Fredericks, seconded by Doyle Vote: AYES: Unanimous ABSENT: Tollini DRAFT Town Council Minutes lixx -2016 June 1, 2016 Page 9 TOWN COUNCIL REPORTS Councilmember Fredericks reported that there now appears to be a sustainable ridership for the two morning [Bus Route 8] bus runs from the Tiburon Peninsula. She said the return routes were not so robust, as some people took the bus in the morning but returned home by ferry in the afternoon. Fredericks noted a decision [by the Bridge District] would be made later in the summer regarding continuation of this route. Fredericks also reported on the handover of the ferry service from Blue & Gold to Golden Gate Bridge Highway & Transportation District. She said the handover was not dependent on the aforementioned improvements to the ferry landing, rather to ongoing negotiations between the parties. She said that the current landowner was pressing for an extension of evening ferry service to Tiburon; she said this run had not had a good performance in the past. She said GGBH&TD preferred a trial period in order to evaluate it. On another matter, Fredericks said she had been contacted by the Town's representative to the Marin Commission on Aging about the Council recognizing June as Alzheimer's Awareness Month. Staff noted that it had already been added to the tentative agenda for the next meeting. TOWN MANAGER REPORT Town Manager Chanis thanked the Town staff and Department Heads for their work on preparing the budget; the first on his watch in Tiburon. He also asked the Council for its opinion on cancelling July 6 meeting, as there were very few items on the tentative agenda. He asked for a decision by the June 15 meeting. WEEKLY DIGESTS • Town Council Weekly Digests — May 20 & 27, 2016 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Vice Mayor Fraser adjourned the meeting at 9:08 p.m. ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2016 JIM FRASER, VICE MAYOR June 1, 2016 Page 10 TOWN COUNCIL REGULAR AND SPECIAL MEETING MINUTES CALL TO ORDER rr--/ Mayor Tollini c. • the reg%. meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesda , June 15, 2016, i Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Doyle, Fraser, Fredericks, O'Donnell, Tollini Town Manager Chanis, Town Attorney Stock, Director of Community Development Anderson, Director of Administrative Services Bigall, Town Clerk Crane Iacopi Prior to the regular meeting, beginning at 6:45 p.m., the Council held a special meeting and met in closed session, to discuss the following: SPECIAL MEETING AGENDA CLOSED SESSION Conference with Legal Counsel — Existing Litigation., Government Code Section 54956.9(d)(1) Name of Case: County of Marin vs. Martha Co., Town of Tiburon, and Russell Keil et al; Russell Keil, Jerry Riessen, Maxwell Dreyer, Marilyn Knight, Joanna Kemper and Mark Bewsher vs. County of Marin, Martha Co., and Town of Tiburon; Martha Co. vs. County of Marin — United States District Court, Northern District of California - Case No. C06 0200 SBA ADJOURNMENT — to regular meeting REGULAR MEETING AGENDA ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Tollini said there was no action taken in closed session. DRAFT wrrei5uncil Minutes #xx -2016 Page 1 ORAL COMMUNICATIONS There were none. PRESENTATION • National Alzheimer's Association in support of June 2016 Alzheimer's and Brain Awareness Month Randy Greenberg, representing the local chapter of the Northern California Alzheimer's Association, emphasized the importance of recognizing this issue. She said that there was no known cure, and no effective treatment. She said that people were living longer with the disease, as well. She said that in a mature community such as Tiburon, many people were affected by this disease. She introduced some other speakers who also spoke about what it is like to live with the disease, and the services available within the County for families affected by it. There speakers included: 1) Chris Welish, a young woman who had been diagnosed with early onset of Alzheimer's who said she could not survive without the support of the Alzheimer's Association, and also said she wanted to break the stigma of the disease, and to elevate it from a disease to a cause; 2) Darby Duke, care case nurse with the County of Marin, with first-hand experience, said more money was needed for research; 3) Fran Wilson, Town representative to the Marin Commission on Aging, said the commission supported the Alzheimer's Association financially and in other ways. She thanked the Mayor for placing this matter of importance on the agenda. Mayor Tollini asked to remove Item No. 5 from the Consent Calendar. 5. Alzheimer's Awareness Month — Authorize Mayor's Proclamation in support of June 2016 Alzheimer's and Brain Awareness Month (Mayor Tollini) MOTION: To approve the proclamation, as written. Moved: O'Donnell, seconded by Fraser Vote: AYES: Unanimous Mayor Tollini read the proclamation in support of June 2016 as Alzheimer's and Brain Awareness Month and presented a copy to Ms. Greenberg: Town of Tiburon PROCLAMATION In support of Alzheimer's Association Honoring June 2016 as National Alzheimer's and Brain Awareness Month WHEREAS, today there are more than 5 million Americans living with Alzheimer's, a figure that is expected to grow to as many as 16 million by mid-century if we don't develop a cure or an effective treatment; and DRAFT Town Council Minutes #lxx -2016 June 15, 2016 Page 2 WHEREAS, there are currently more than 588,000 people with Alzheimer's living in the state of California, with 5,600 of these in Marin County, with an additional 16,800 caregivers in Marin County who are looking after a loved one with Alzheimer's; and WHEREAS, the greatest known risk factor for Alzheimer's disease is advancing age; and in Marin County persons over 60 comprise 25% of the total population, making Marin County the one of the oldest in the Bay Area. One in nine persons over the age of 65 has Alzheimer's, with that number increasing to one in three for those over 85; and WHEREAS, more than 20% of Tiburon residents are over the age of 65 and that number is projected to grow steadily, putting residents at increasing risk for Alzheimer's disease and other dementias; and WHEREAS, researchers are malting progress in developing ways to accurately diagnose and treat Alzheimer's disease, and we need to accelerate the pace of that research if we are going to have a disease -altering treatment in the next 15 years; and WHEREAS, the Alzheimer's Association is marking June as Alzheimer's and Brain Awareness Month and June 20`h as "The Longest Day", a sunrise to sunset event symbolizing the challenging journey shared by those living with Alzheimer's and their caregivers. NOW, THEREFORE BE 1T RESOLVED that the Tiburon Town Council hereby proclaims its support of June 2016 as Alzheimer's and Brain Awareness month and urges every resident to take time to visit www.actionalz.org and learn more about Alzheimer's and become part of the effort to combat this disease. 5/ Erin Tollin, Mayor, Town of Tiburon CONSENT CALENDAR 1. Town Investment Summary —Adopt report for month ending May 31, 2016 (Director of Administrative Services Bigall) Town Budget — Adopt resolution approving Fiscal Year 2016-17 Tiburon Municipal Budget and appoint ad hoc committee to work with staff to study FY 2016-17 Capital Planning Process (Town Manager Chanis/Director of Administrative Services Bigall) 3. Unfunded Pension Liability — Approve recommendation to remit $200,000 to Ca1PERS towards the Town's Unfunded Pension Liability (Director of Administrative Services Bigall) 4. Gann Limit — Adopt resolution establishing an appropriations limit (Gann Limit) for Fiscal Year 2016-17 (Director of Administrative Services Bigall) 5. Alzheimer's Awareness Month — Authorize Mayor's Proclamation in support of June 2016 Alzheimer's and Brain Awareness Month (Mayor Tollini) DRAFT Town Council Minutes #xx -2016 June 15, 2016 Page 3 6. Town Hall Painting — Authorize award of contract for Town Hall exterior painting and current year budget amendment (Department of Public Works) MOTION: To adopt the consent calendar Item Nos. 1, 2, 3, 4 and 6, as written. Moved: Fredericks, seconded by Doyle Vote: AYES: Unanimous ACTION ITEMS 1. Formation of Reassessment District — Adopt resolution directing commencement of proceedings for formation of a reassessment district including properties located within the Lyford Cove Utility Undergrounding Assessment District, the Lyford Cove Utility Undergrounding Supplemental Assessment District, the Stewart Drive Undergrounding Assessment District, the Main Street Assessment District, the Del Mar Valley Utility Undergrounding Assessment District and the Del Mar Valley 2010 Supplemental Utility Undergrounding Assessment District, and further designate NBS Government Finance Group as the reassessment engineer for the reassessment district (Town Attorney Stock) Town Manager Chanis said the item relates to prior Council actions (the formation of a Parking Authority establishing the Tiburon Public Financing Authority and joint powers agreement with the Town). He said the next step in the process is to commence proceedings to form a reassessment district for the refinancing of bonds. Chanis said that while most costs related to this are calculated on a contingency basis, some are were not. For example, the Town Manager said the contract for the reassessment engineer, NBS, in the amount of $44,000, is not included in the costs that could be recouped by the Town. He said that if for some reason the refinancing program is not completed as expected, the Town will have to pay this cost. If the refinancing program is completed, Chanis said all costs of the Town and the Financing Authority will be paid for with refunding revenue bond proceeds or from a portion of the annual reassessments on property owners. He noted that the refinancing is expected to result in lower annual costs to property owners in the districts. Chanis recommended adoption of the resolution directing conunencement of the proceedings, which includes the appointment of bond counsel, the assessment engineer, and bond underwriter. He said the Tiburon Finance Authority would also consider adoption of a similar resolution. Councilmember O'Donnell asked what the timeline — or projected finish line — was for these proceedings. For instance, would the homeowners in the affected districts see a reduction on their next property tax bill. Town Manager Chanis said the process should culminate in September. Bond underwriter Mark Pressman said that the next steps were for bond counsel to prepare the documents and return to Council in July for approval. Then, the underwriter would begin to market the bonds, with a projected new issue at the end of August. He said the current bonds are callable on September 1. DRAFT Town Council Minutes #xx -2016 June 15, 2016 Page 4 Pressman said that following this timeline, he anticipated the property owners would see changes on their March 2017 and September 2017 tax bills. In response to another question from Councilmember O'Donnell concerning how much savings would be realized per district, Mr. Pressman said he would come back with a range at the next Council meeting. He noted that the ranges would differ between districts, based on length of term, different interest rates, and other factors. But he said the property owners would benefit from the three tests of the financing authority being met: a lower payment, not extending the term, and not increasing the lien. Vice Mayor Fraser asked for and received a brief description of the roles and duties of the different consultants whose contracts were being approved. He asked who was representing the Town's interests in the transaction. Town Attorney Stock said he was representing the Town. There was no further Council or public comment. MOTION: To adopt the resolution as written. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous ADJOURNMENT (7:40 p.m.) ADJOURN TO CONDUCT THE MEETING OF THE TIBURON PUBLIC FINANCING AUTHORITY IN TOWN COUNCIL CHAMBERS AGENDA TIBURON PUBLIC FINANCING AUTHORITY JUNE 15, 2016, 7:40 PM ROLL CALL Chair Tollini noted that all board members were present. ORAL COMMUNICATIONS There were none. ACTION ITEMS 1. Commencement of Proceedings for the Issuance of Refunding Bonds — Adopt a resolution authorizing commencement of proceedings for the issuance of refunding revenue bonds, the purchase of reassessment bonds, and appointing the law firm of Quint & Thimmig LLP as bond and disclosure counsel, and designate Wulff, Hansen & Co. as the underwriter (Town Attorney Stock) DRAFT Town Council Minutes #xx -2016 June 15, 2016 Page 5 Chair Tollini waived the staff report and there was no public comment. MOTION: To adopt the resolution as written. Moved: Boardmember Fredericks, seconded by Boardmember Doyle. Vote: AYES: Unanimous ADJOURNMENT RECONVENE REGULAR MEETING — Tiburon Town Council (7:45) PUBLIC HEARINGS 1. Cypress Hollow Landscape & Lighting District (LLD) — Hold annual protest hearing and consider adoption of resolution to continue the LLD assessment for fiscal year 2016-17 (Department of Public Works) Director of Administrative Services Bigall gave the report. She said the assessment continued to remain unchanged from previous years. She said the current year's costs associated with maintaining the park were itemized in Director Barnes' staff report. She also noted that no written or oral protests had been received to date. Mayor Tollini opened the public hearing. There being no public comment, Mayor Tollini closed the public hearing. MOTION: To adopt the resolution continuing the assessment for fiscal year 2016-17. Moved: Doyle, seconded by Fredericks Vote: AYES: Unanimous TOWN COUNCIL REPORTS Councilmember O'Donnell said that he might be absent from the July 20 regular meeting. He said he had received some correspondence regarding postponing the hearing on the Bicycle and Pedestrian Master Plan until people returned from their summer holidays. He asked his colleagues for their opinion on this. Mayor Tollini said that she had discussed this issue with staff. She said there had been several public meetings and many opportunities for the public to speak on the proposed plan. She noted in particular that the Planning Commission had received a lot of public input. She said she hoped this would reflect the community's views and that there was no need to further delay the Council's hearing on the matter. Town Manager Chanis said the decision, of course, was up to the Council but he noted that the July 20 meeting notices had already been sent and the meeting advertised. DRAFT Town Council Minuses #xx -2016 June 15, 2016 Page 6 TOWN MANAGER REPORT Town Manager Chanis said there seemed to be a consensus to cancel the July 6 regular meeting. The Council confirmed this. He also noted the kick-off of the Tiburon Farmer's Market on June 23; he said there would be a special Tiburon Talk announcing it. WEEKLY DIGESTS • Town Council Weekly Digests — June 3 & 10, 2016 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Tollini adjourned the meeting at 8:03 p.m. ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #ax -2016 ERIN TOLLINI, MAYOR June 15, 2016 Page 7 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 • Town Council Meeting July 20, 2016 Agenda Item: CC- 2 To: From: Subject: Reviewed By: Mayor and Members of the Town Council Administrative Services Department In estment Summary — June 2016 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 period ended June 30, 2016. ANALYSIS Agency Investment June 2016 Amount Interest Rate Maturity Town of Tiburon Local Agency Investment Fund (LAIF) $23,284,422.38 0.576% Liquid Housing note to Former Town Manager $ 800,000.00 0.330% Based on Contract Money Market (Bank of Marin) $ 100,000.00 0.15% Liquid Total $24,184,422.37 The total invested at the end of the prior month was $24,334,422.37; therefore the Town's investments decreased by $150,000 over May 2016. 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. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for June 2016 Prepared By: Heidi Bigall, Director of Administrative Services TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting July 20, 2016 Agenda Item: cc 3 STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Office of the Town Clerk Designation of Voting Delegate(s) to League of California Cities Annual Conference BACKGROUND The League of California Cities'Annual Conference is scheduled for October 5-7 in Long Beach. In order to vote on matters at the Annual Business Meeting, the Town Council must appoint a voting delegate. The Town's delegate, along with the representatives from other cities, will consider and take action on resolutions that establish League policy. According to the League's bylaws, a city may appoint a voting delegate and up to two alternates. Councilmember Fredericks has served as voting delegate in previous years and plans to attend the conference this year. Councilmember Fredericks' appointment can be adopted on consent, if the Council wishes to do so. If there is interest in appointing additional delegates, the item should be pulled from the consent calendar for further discussion and action. Whoever is chosen as the Town's voting delegate(s) must be available to attend the Annual Business Meeting (at the closing General Assembly), scheduled for Friday, October 7, 2016. RECOMMENDATION Staff recommends that the Town Council: 1) Confirm Councilmember Fredericks' representation of the Town (by adopting this report on Consent Calendar) as its voting delegate at the Annual Business Meeting of the League of California Cities; or 2) If the Council desires to appoint additional delegates, the item should be pulled from the Consent Calendar and the appointments considered as an action item. Town Council fleeting July 20, 2016 Exhibits: League of California Cities 2016 Annual Conference Voting Procedures and Appointment of Delegate Form Prepared By: Diane Crane Iacopi, Town Clerk TOWN OFT' 111 TRoN Page 2 o[ 2 1400 K STREET SACRAMENTO, CA 95814 PH: (916) 658-8200 EX: (916) 658-8240 oLEA1GUE CITIES \VN\U.CACITI ES. ORS June 10, 2016 Council Action Advised by July 31, 2016 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — October 5 — 7, Long Beach The League's 2016 Annual Conference is scheduled for October 5 — 7 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly), scheduled for noon on Friday, October 7, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, September 23, 2016. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.org. In order to cast a vote, at least one voter must be present at the 1197 IA Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying thein as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, October 5, 8:00 a.m. — 6:00 p.m.; Thursday, October 6, 7:00 a.m. — 4:00 p.m.; and Friday, October 7, 7:30-10:00 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, September 23. If you have questions, please call Kayla Gibson at (916) 658-8247. Attachments: • Annual Conference Voting Procedures • Voting Delegate/Alternate Form Annual Conference Voting Procedures 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their naive badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred fi-eely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. LfEAIGUE® 61'+4,t,,,,..........:._ 0CITIES CITY: 2016 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, September 23, 2016. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council niay designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1'. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E-mail Mayor or City Clerk Phone: (circle one) (signature) Date: Please complete and return by Friday, September 23, 2016 League of California Cities ATTN: Kayla Gibson 1400 K Street, 4`I' Floor Sacramento, CA 95814 TAX: (916) 658-8240 E-mail: kgibson@cacities.org (916) 658-8247 TOWN OF TIBURON — 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting July 20, 2016 Agenda Item: yr a STAFF REPORT To: From: Mayor and Members of Town Council Town Manager Subject: Cons eration to Approve the Town's Response to the Marin County Grand Ju /s Report, Police Firearm Security: Keeping Police Guns out of the Hands of f/ iy � als Reviewed By: _ 1 BACKGROUND On April 21, 2016, the Marin County Grand Jury issued a report called Police Firearm Security: Keeping Police Guns Out of the Hands of Criminals. The report reviewed every Marin County law enforcement agency's policies and training regarding firearm security. The report seeks the Town's response to eight Findings and five Recommendations. The response must conform to the format required by Penal Code section 933.05. The Town drafted a written response to the Grand Jury Report which is attached hereto for the Town Council's review. RECOMMENDATION Staff recommends that the Town Council review and approve the attached response to the Marin County Civil Grand Jury Report, Police Firearm Security: Keeping Police Guns out of the Hands of Criminals. EXHIBITS • Draft Response to Grand Jury: Police Firearm Security • Grand Jury Report: Police Firearm Security Prepared By: Benjamin Stock, Town Attorney In\\".OFT111317['aCI\ Page 10 1 RESPONSE TO GRAND JURY REPORT FORM Town of Tiburon Report Title: Police Firearm Security Report Date: April 21, 2016 Public Release: April 28, 2016 Response By: Greg Chanis FINDINGS • We agree with the findings numbered: F1, F2, F6, F7, and F8 • We disagree wholly or partially with the findings numbered: F3, F4, and F5 RECOMMENDATIONS • Recommendations numbered R1 -R5 have been implemented. • Recommendations numbered will not be implemented because they are not warranted or are not reasonable. Date: Signed: Number of Pages Attached: 4 GREG CHANIS, TOWN MANAGER July 21, 2016 The Honorable Kelly V. Simmons Judge of the Marin County Superior Court Post Office Box 4988 San Rafael, CA 94913-4988 Re: Mr. John Mann, Foreperson Marin County Grand Jury 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 Response to Grand Jury Report April 21, 2016 Police Firearm Security Dear Honorable Judge Simmons and Mr. Mann: This letter explains in detail the Town of Tiburon's response to the Grand Jury Report dated April 21, 2016. The Report directs the Town to respond to Findings Nos. 1-8 and Recommendations Nos. 1-5. The Findings involve conclusions of fact that the Town has little or no independent basis to evaluate. In responding to these Findings, the Town assumes that the information in the Report is correct and relies on that information. FINDINGS Finding 1: Firearms left in unattended vehicles are vulnerable to theft and, if stolen, are in the hands of criminals. Town's Response to Finding 1: The Town agrees with the finding. Any item of value left unattended in a vehicle is vulnerable to theft. Once that item is stolen, the person who stole it is by definition a criminal. Finding 2: Firearms belonging to Marin County peace officers have been stolen from their vehicles, although the incidence is low. Town's Response to Finding 2: The Town agrees with this finding. While the Town does not have any independent knowledge about the rate of firearms being stolen from other jurisdictions, it is presumed that the rate is low. Finding 3: There is currently no public tracking of lost or stolen firearms from Marin County peace officers, making the number of firearms missing difficult to determine. July 21, 2016 Page 2 Town's Response to Finding 3: The Town disagrees with this finding. Stolen firearms are tracked in the Federal Automated Firearms System, which is accessible to law enforcement agencies. Finding 4: With the exception the Fairfax Police Department, Marin County Police Departments and the Sheriff's Office have not amended or updated their policies in response to high profile reports of law enforcement guns being stolen from vehicles. Town's Response to Finding 4: The Town disagrees with this finding. The Town amended its firearm policy to require that all officers adequately secure unattended firearms in any vehicle. Finding 5: Most Marin County Police and Sheriff's Departments do not have a clear-cut policy and/or procedure specking how firearms are to be secured if left in an unattended vehicle. Town's Response to Finding 5: The Town disagrees with this finding. The Town does have a clear-cut procedure specifying how firearms are to be secured if left in an unattended vehicle. Each officer is required to secure any firearm in a gun vault secured to the vehicle. However, the Town is not in a position to comment on other public entities policies. Finding 6: Neither the general topic of firearm security nor a specific letter from the SF Chief has been discussed at Marin County Police Chief's Association meetings. The view commonly expressed by the law enforcement executives is that it is a "common sense" responsibility and understood as such by deputies and officers. Town's Response to Finding 6: The Town agrees with this finding. However, the Marin County Police Chief's Association did discuss this matter at their May 2016 meeting. Finding 7: Concern for public safety has led to proposed State and some recent local legislation (in San Francisco and Oakland) requiring that firearms be secured in all unattended vehicles. Town's Response to Finding 7: The Town agrees with this finding. July 21, 2016 Page 3 Finding 8: Specifically designed lock boxes are readily available for safely securing firearms inside a vehicle, should a gun and vehicle need to be left unattended. Town's Response to Finding 8: The Town agrees with this finding. RECOMMENDATIONS Recommendation 1: Marin County Sheriff's Office and Police Departments should track and record all firearms that have been lost or stolen from law enforcement and personal vehicles. Recommendation 2: Marin County Sheriff's Office and Police Departments should make public the number and circumstances of all firearms that have been lost or stolen from law enforcement and personal vehicles. Recommendation 3: Marin County Sheriffs Office and Police Departments should update their policies and procedures regarding firearm security, particularly with regard to firearms left in unattended vehicles (departmental and personal) and if a firearm is left in a vehicle, how it is to be secured. Recommendation 4: The Marin County Sheriff and all Police Chiefs should discuss the issue offrrearm security including storage, tracking and reporting of lost or stolen .firearms at Marin County Police Chief Association meetings and niake a recommendation as to whether there should be a standard county policy for leaving a law enforcement firearm in a vehicle. Recommendation 5: Marin County Sheriff's Office and Police Departments should install lock boxes in all department vehicles and require that in the event it is necessary to leave a firearm in a vehicle, the firearm be secured in the lock box. Town's Response to Recommendations: Recommendation 1: The Town has implemented this recommendation. This recommendation has always been the practice of the Town. Recommendation 2: The Town has implemented this recommendation. Town Police Officers are required to report any lost department owned weapons and such instances are made public. The Town has no records indicating that any firearm has been stolen from the Town, so there is no data to make public. To the extent this recommendation seeks disclosure of officers who have had their privately -owned weapons stolen, that information is protected by crime victim privacy laws. July 21, 2016 Page 4 Recommendation 3: The Town has implemented this recommendation. As referenced above, the Town updated its policy to require officers to secure any firearm in a gun vault secured to the vehicle. Recommendation 4: The Town has implemented this reconunendation. The issue of firearm security was discussed at the May 2016 Marin County Police Chiefs Association meeting. At the meeting, it was decided that the issue of setting a policy should be done by the Chief of each department. Recommendation 5: The Town has implemented this recommendation. The Tiburon Town Council reviewed and approved this response on July 20, 2016, at a duly noticed and agendized public meeting. If you have further questions on this matter, please do not hesitate to call. Very truly yours, GREG CHANIS Town Manager cc: Town Council Town Attorney 2015/2016 MARIiI COUNTY CIVIL GRA/1P JURY Police Firearmfecurity Keeping Police Guns out of the glands of Criminals Report Date: April 21, 2016 Public Release Date: April 28, 2016 i zit • ••••••••e•e•se•e•eee••e ea • •r COUNTY OF MARIN SUMMARY 2015-2016 Marin County Civil Grand Jury Police Firearm Security Keeping Police Gui's out o! the Hands of (i iii in[!1S Guns and unattended police cars are a lethal combination. The loss of police firearms from unmarked department vehicles has recently been "front page" news. Use of those firearms in subsequent crimes, including two homicides, has led to increased public concern and calls for changes in police practice and legislation. Three reports of stolen firearms within one month in the Bay Area raise questions and concerns. Further reports of stolen police guns indicate that police are still leaving firearms unsecured in their vehicles and vulnerable to theft. The Grand Jury investigated the status of law enforcement firearm security in Marin County and which policies, if any, exist to safeguard guns from being lost or stolen. The Grand Jury also investigated whether any changes have been made or are under consideration to prevent police guns from ending up in the hands of criminals. This investigation was prompted in part when, during Grand Jury training, two Marin County police chiefs had distinctly different responses when asked about the firearm thefts. Neither response indicated that the recent thefts of police firearms prompted a change in practice or policy. The Grand Jury investigation found the incidence of police firearms stolen from vehicles in Marin is low, but thefts have occurred. The "epidemic rise" in auto burglaries suggests that the odds have increased that if a police officer leaves a gun in a vehicle it is more likely it will be stolen. The Grand Jury investigation revealed that in spite of the number of thefts, resulting publicity, a request from the San Francisco Police Chief for policy change,' and the deaths of two people killed by stolen law enforcement guns, only one Marin Police agency has changed or amended its gun security policy.2 At present, most police and sheriff vehicles are not equipped with secured lock boxes to protect firearms left in a vehicle. The Grand Jury believes that the best policy is for law enforcement never to Ieave a firearm in a vehicle. Short of that, lock boxes should be installed in every department vehicle and policies should state specifically how firearms are to be secured. The Grand Jury recommends that a lock box be installed securely within every department vehicle. In fact, State and local legislation has been proposed and in some cases enacted to require firearms be secured whenever left in a vehicle. This legislation is the result of law enforcement guns being stolen from vehicles and subsequently used in crimes and the public's concern for greater safeguards. The Grand Jury was surprised to find that there is not overwhelming support among Marin law enforcement executives for such laws or ordinances. The Grand Jury believes that such a law can be clear, apply to police and citizens alike and be a "common sense" prevention measure. Law enforcement cannot prevent the public from leaving guns in vehicles. However, law enforcement officers should never leave a gun unsecured in a vehicle. Letter from San Francisco Police Chief to the Police Chiefs of Marin County. November 2, 2015. 2 Fairfax Police Department Policy manual. Police Firearm Security BACKGROUND Theft of police firearms from unmarked police vehicles has recently made headline news in the Bay Area. The murder of a young woman in San Francisco was particularly shocking, in part because the weapon used had been stolen the previous week from an unattended unmarked department vehicle belonging to the Bureau of Land Management. Since that report, several other incidents involving police firearms stolen from department vehicles have been published in Bay Area newspapers: • The pistol and ammunition belonging to a Hayward police officer assigned to a regional drug task force was stolen from his parked car.4 • A department vehicle assigned to the University of California, Berkeley PD chief was burglarized and her firearm, badge and computer were stolen. 5 • A gun belonging to an Immigration and Customs agent was stolen from a vehicle and used in the slaying of a local artist in Oakland. 6 Despite these disturbing headlines, once again three guns belonging to FBI agents were stolen from an unmarked vehicle in Benicia.? The cases above are just those that made the headlines. Not all thefts of police firearms do. An NBC Bay Area investigation into the loss and theft of police firearms uncovered that since 2010 more than 500 weapons have gone missing from eight different law enforcement agencies, including the California Highway Patrol, the Federal Drug Enforcement Administration and six Bay Area departments.8 The urgency for changes in firearm security policy has been emphasized by Mike Sena, Director of the Northern California Regional Intelligence Center, whose team is responsible for analyzing data on car break-ins. Mr. Sena noted, "Over the last six months, literally auto burglaries have doubled...This is not a rarity, this is happening throughout the Bay Area."9 Law enforcement should be held to a higher standard when it comes to gun handling and security. This is especially compelling since theft is a primary way firearms fall into the hands of criminals. Stolen guns present a significant risk to the public and to peace officers. Many stolen guns are subsequently used to commit crimes. A U.S. Department of the Treasury study revealed that nearly a quarter of all Alcohol, Tobacco and Firearms (ATF) gun trafficking investigations involved stolen firearms and were associated with over 11,000 trafficked firearms. 0 A gun acquired through theft is an obvious way to circumvent laws regarding who can own firearms, background checks and gun registration. If a gun is not left in the car, it cannot be stolen. 3 NBC Bay Area. http://wtivw.nbcbavarea.cominews/local/Gun-Used-in-Pier-l4-Shooting Stolen-From-Bureau-of-Land-Management- Sources-312517441.htm l 4 SF Gate. http://www.sffate.com crime!article/Another-law-enforcement-officer-s-gun-stolen-6467108.php s SF Gate. http://www.sfgate.com!crime/article/Stolen-gun-badge-belonged-to-UC-Berkelev-s-top-6462766.php 6 NBC Bay Area http://www.sfate_com!crime/article/Another-Iaw-enforcement-officer-s-sun-stolen-6467108.php 7 SF Gate. httpa/www.sfgate.com/crime/article!3-guns-stolen-from-FBI-vehicle-in-Benicia-6794467.php 8 NBC Bay Area. http://www.nbcbayarea.com/investigations/ Unaccounted-For-Hundreds-of-Guns-Lost-or-Stolen-From-Bay-Area-Police-Agencies-Since-2010-350768311.html 9 http:/!www.nbcbavarea.comlinvestigations! Car-Burglaries-Hit-Epidemic-Levels-Across-the-Bay-Area-344920362.html 1° US General Accounting Office (GAO) http:/Avww.gao.gov/new.items./d03688.pdf April 21, 2016 Marin County Civil Grand Jury Page 2 of 8 Police Firearm Security Currently there are no state laws or guidelines that mandate how California peace officers transport and secure firearms in vehicles. Individual police agencies, however, do have policy manuals that spell out expectations, rules and guidelines, and officers must comply with those. Policies generally require that officers ensure that all firearms are locked and secured while in their homes, vehicles and other areas in a manner that will assure they are inaccessible to children and others who should not have access to guns. However, implementation of these policies is left up to the discretion and judgment of individual officers. In response to recently reported thefts, several Bay Area police departments have developed and/or amended policies to address how firearms are to be secured if left in a vehicle. These policies range from informing officers of best ways to secure a firearm in a vehicle —usually in a locked trunk or lock box secured in the car —to mandating that a firearm simply never be left in an unattended vehicle. Several cities have also responded with ordinances aimed at preventing guns from being left and then stolen from vehicles. Most notably, San Francisco and Oakland have passed new legislation. San Francisco's legislation mandates anyone leaving a firearm in an unattended vehicle in San Francisco must lock the firearm in a trunk that can not be opened from the main body of the vehicle, or inside a box perrnanently attached to the vehicle. If the vehicle lacks a trunk, the lock box should be under a seat or otherwise hidden from view. A violation is a misdemeanor offense, punishable by a fine of up to $10,000 and six months in jail." Oakland's legislation specifically addresses city -owned firearms left unattended in police vehicles, city vehicles, and officer's private vehicles.12 The ordinance codifies the City's policy intent and directive that the City establish a higher level of safety to protect the public, residents and Oakland police officers from the harm and threat stolen guns pose. Based on the number of recent thefts of firearms from Bay Area police agencies, the Marin County Civil Grand Jury initiated an investigation to determine the status of law enforcement firearm security in Marin County and what policies exist to safeguard guns from being lost or stolen. Most importantly, (with the current rash of firearms stolen from law enforcement officer's vehicles), have the Marin County Sheriff and Police Department Chiefs proposed any changes to their policies to safeguard Marin agencies from becoming "front page news"? 11 San Francisco Ordinance. https://sfsov_legistar.com/View.ashx?M=F&1D=4226996& GU1D=F8A6CC97-37F3-42F7-B382-36D68EEB48D6 12 Oakland City Council Ordinance No. 13351. February 11, 2016. April 21, 2016 Marin County Civil Grand Jury Page 3 of 8 Police Firearm Security METHODOLOGY The Grand Jury reviewed the policies for each of the City Police departments and the County Sheriff specifically for sections that apply to firearms. This included written policy on the transportation, storage, and reporting of any losses and/or thefts. With the exception of the Sheriff's Department, all the City Police agencies contract with Lexipol, a company that provides model policies to police agencies for use in developing their individual written department policies. The Grand Jury met and interviewed each Police Chief13 and the Sheriff regarding the following: • Policies and training specific to firearm security • Administration and regularity of inventories of department firearms • Data on lost, stolen and/or unaccounted for agency firearms • Data on crime statistics of firearm thefts from homes and vehicles over the last five years • Any policy changes proposed by the Sheriff and Chiefs to decrease the risk of firearm theft from law enforcement officers DISCUSSION Marin County law enforcement agencies reported few police firearms stolen during the last 5 years.14 Nevertheless, any firearm stolen is in the hands of a criminal. This is particularly reckless if the firearm is one entrusted to or owned by a peace officer. None of the County agencies reported any department firearms unaccounted for, but auditing firearm inventory is inconsistent in practice and policy in the County.'$ Unlike the numbers reported from other Bay Area agencies, however, Marin agencies assert they are not losing track of their firearms. 16 Policy and Procedure The Grand Jury asked the Sheriff and all nine Police Chiefs about their policies and procedures for securing firearms in vehicles both on and off duty. The consensus was that it is "common sense" and officers are expected to be responsible. Only one agency has amended its policy specifically to forbid a firearm ever being left in an unattended vehicle.' A review of the police policy manuals found that whenever reference was made to securing firearms in vehicles it was incorporated in the Firearms Policy, usually in a section titled "Storage of Firearms at Horne". Three agencies title the section "Storage at Horne or in Vehicles". This policy complies with CA Penal Code 25100, which addresses firearm storage, and is intended to keep guns out of the hands of children and other persons statutorily forbidden to possess a firearm. Other language specifies how to secure firearms within the jail or the police facility but, with the exception of two agencies, local policies include no specific reference regarding securing firearms in personal or department vehicles. Of those two agencies, one explicitly forbids that a firearm be left in a vehicle, and the other agency prescribes how and 13 In the case of Novato, we interviewed the acting Police Chief as the Chief was on extended sick leave. 14 Marin Police Chief Interviews 15 Marin Police Chief Interviews 16 NBC Bay Area. http:,"www.nbcbavarea.com/investitzations/Unaccounted-For-Hundreds-of-Guns-Lost-or-Stolen- From-Bav-Area-Police-Atlencies-Since-20l0-35076831 i.html '7 Fairfax Police Policy Manual April 21, 2016 Marin County Civil Grand Jury Page 4 of 8 Police Firearm Security when leaving a gun in a vehicle is allowed. I8 The reporting of any loss or theft of a firearm is included in general policies regarding department property. The Grand Jury asked the police chiefs and Sheriff as to whether any discussions or consideration occurred in the wake of the recent high profile thefts of firearms from unattended police vehicles. These cases were particularly troubling given the subsequent criminal use of those stolen guns. The Grand Jury was surprised to hear that discussion of the issue has been minimal and not discussed at the Marin County Chiefs Association meetings. 19 In addition, we were told that no request was made to Lexipol regarding potential or current changes to existing policy regarding increased firearm security. Our surprise turned to concern in light of a letter dated November 2, 2015 from San Francisco Police Chief Suhr and sent to all Bay Area police chiefs, including those in Marin County'°. In that letter Chief Suhr stated that after a gun stolen from the vehicle of a law enforcement officer was used in the killing of a young woman in San Francisco, "One would think that would have all law enforcement officers taking extra measures to make sure their weapons are secure. That said, as recently as last week, another firearm was reported stolen from the vehicle of a law enforcement officer". He went on to say that law enforcement cannot control what is left in vehicles by the general public, but they can take steps to reduce the likelihood of a law enforcement firearm being stolen and used in a crime. The Chief stated one of the things that keeps him up at night is worry that a weapon stolen from the vehicle of a law enforcement officer could be used to shoot or kill someone. He told the Bay Area Chiefs that he has issued an order (policy) that prescribes how SFPD officers are to secure their firearms properly and enclosed a copy of that order in his letter. He asked his fellow Chiefs to review the directive and "consider adopting a similar policy. " At the minimum he recommended that they request that their respective officers, when in San Francisco, secure their firearms consistent with SFPD policy. He signed off with the request to "please help me in keeping San Francisco safe". Clearly, Chief Suhr sees a correlation between public safety and securing law enforcement firearms when they are left in vehicles. Securing a Firearm in a Vehicle The Grand Jury asked the Marin County Sheriff and Police Chiefs whether department vehicles are equipped with a lock box or some other means to secure a firearm should there be a need to leave the vehicle unattended. Marked vehicles and some specialty vehicles have mounted locking devices primarily used for rifles and shotguns. Few, if any vehicles have a means to secure an officer's handgun. The response to the Grand Jury's inquiry was mixed as to the utility of a lock box. One Chief stated that it might "slow an officer down" if a firearm was quickly needed, though another Chief thought that it would be a great idea. A third Chief felt guns should not be left in cars at all. This is, of course, the surest way to prevent an unattended gun from being stolen. Officers do carry handguns and those guns usually are carried concealed on their person - even while driving. There are times when leaving a firearm in the vehicle may be necessary, although some Chiefs are of the belief that, if an officer does carry a gun, he/she should carry it and not 18 Marin County Police Policy Manuals and the County Sheriff's Policy Manual 19 Marin County Police Chief Interviews 20 Letter from San Francisco Police Chief to the Police Chiefs of Marin County. November 2, 2015. April 21, 2016 Marin County Civil Grand Jury Page 5 of 8 Police Firearm Security leave it. As noted, one Marin Police department absolutely prohibits leaving a gun in a vehicle.21 This is, of course, the best way to prevent a gun from being stolen. Firearm lockboxes for cars are available for as little as $50, while most recommended boxes cost between $100-$200. When one considers the cost of the handgun, car and all of the safety equipment that departments consider mandatory, adding $100-$200 per lockbox seems a very reasonable price to assure that guns can be secured in vehicles when necessary. Legislation Responding to public concern, legislators on the State and local level are proposing laws that would require securing firearms left in unattended vehicles and timely reporting of any stolen firearms. Oakland, San Francisco, Sunnyvale, and Berkeley are just a few that have passed or are proposing ordinances. Tiburon has amended its ordinance to require timely reporting. On the State level, pending legislation includes Senate Bill 86922 which would require all firearms left in vehicles to be secured in a locked trunk or secured box and "The Safety for All Act of 2016"23 would require all lost or stolen guns be reported. Of course, Marin County would be included under any proposed State legislation that becomes law. Should this legislation not be passed at the State level, however, it is incumbent on Marin County, cities and towns to implement our own policies and procedures to protect officers and the general public. Nevertheless, Marin law enforcement executives were of mixed opinion on the value of prospective ordinances or laws. Some felt that there is no need and others felt that, if it applied to everyone and "not just cops", then it might be a good idea. Several Chiefs did mention that the proposed legislation in Sacramento would make local ordinances unnecessary. The California Police Chiefs Association,24 which takes positions on proposed legislation and employs a legal advocacy law firm, is currently just "watching" SB 869 rather than supporting it2'. Watching and waiting is no solution to keeping police guns out of the hands of criminals. 21 Fairfax Police Policy Manual 2222 Senate Bill 869. http:!/www.Quns.com!2016!01/1=1/california-moves-to-criminalize-cops-leavin> guns -unsecured - in -cars/ 2' The Safety for All Act of 2016. http:/?smartsuunlaws.orm!wp-content/unloads?2016/10: SafetvForAllActFinal.pdf 24 California Police Chiefs Association.http:i/www_californiapolicechiefs.orO?bill-positions-legislative-report 225 Senate Bill 869 httu:!!www.guns.corn/2016/01!I4ica Iifornia-moves-to-criminalize-cops-leaving_izuns-unsecured- in-cars! April 21, 2016 Marin County Civil Grand Jury Page 6 of 8 Police Firearm Security FINDINGS F1. Firearms left in unattended vehicles are vulnerable to theft and, if stolen, are in the hands of criminals. F2. Firearms belonging to Marin County peace officers have been stolen from their vehicles, although the incidence is low. F3. There is currently no public tracking of lost or stolen firearms from Marin County peace officers, making the number of firearms missing difficult to determine. F4. With the exception the Fairfax Police Department, Marin County Police Departments and the Sheriffs Office have not amended or updated their policies in response to high profile reports of law enforcement guns being stolen from vehicles. F5. Most Marin County Police and Sheriffs Departments do not have a clear-cut policy and/or procedure specifying how firearms are to be secured if left in an unattended vehicle. F6. Neither the general topic of firearm security nor a specific letter from the SF Chief has been discussed at Marin County Police Chief's Association meetings. The view commonly expressed by the law enforcement executives is that it is a "common sense" responsibility and understood as such by deputies and officers. F7. Concern for public safety has led to proposed State and some recent local legislation (in San Francisco and Oakland) requiring that firearms be secured in all unattended vehicles. F8. Specifically designed lock boxes are readily available for safely securing firearms inside a vehicle, should a gun and vehicle need to be left unattended. RECOMMENDATIONS R1. Marin County Sheriff's Office and Police Departments should track and record all firearms that have been lost or stolen from law enforcement and personal vehicles. R2. Marin County Sheriff's Office and Police Departments should make public the number and circumstances of all firearms that have been lost or stolen from law enforcement and personal vehicles. R3. Marin County Sheriff's Office and Police Departments should update their policies and procedures regarding firearm security, particularly with regard to firearms left in unattended vehicles (departmental and personal) and if a firearm is left in a vehicle, how it is to be secured. R4. The Marin County Sheriff and all Police Chiefs should discuss the issue of firearm security including storage, tracking and reporting of lost or stolen firearms at Marin County Police Chief Association meetings and make a recommendation as to whether there should be a standard county policy for leaving a law enforcement firearm in a vehicle. R5. Marin County Sheriff's Office and Police Departments should install lock boxes in all department vehicles and require that in the event it is necessary to leave a firearm in a vehicle, the firearm be secured in the lock box. Apri121, 2016 Marin County Civil Grand Jury Page 7 of 8 Police Firearm Security REQUEST FOR RESPONSES Pursuant to Penal code section 933.05, the grand jury requests responses as follows: From the following governing bodies: • The Cities and Towns of Belvedere, Corte Madera, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito and Tiburon: F1 - F8 and R1 - R5 • The Town of Fairfax F1 — F8 and RI, R2, R4, R5 • Central Marin Police Authority: F1 - F8 and R1 - R5 The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933 (c) and subject to the notice, agenda and open meeting requirements of the Brown Act. From the following individuals: • The Marin County Sheriff: F1 - F8 and R1 - R5 The Grand Jury invites the following individuals to respond: • President, The Marin County Police Chiefs Association: F1 - F8 and R1 - R5 • The Police Chiefs of Belvedere, Mill Valley, Novato, Ross, San Rafael, Sausalito, Tiburon and Central Marin Police Authority: F1 — F8 and RI — R5 • The Police Chief of Fairfax: F1 — F8 and R1, R2, R4, R5 Note: At the time this report was prepared, information was available at the websites listed. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. April 21, 2016 Marin County Civil Grand Jury Page 8 of 8 TOWN OF TIBURON — 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting July 20, 2016 Agenda Item: q(7) STAFF REPORT To: From: Mayor and Members of Town Council Town Manager Subject: Consideration to Approve the Town's Response to the Marin County Grand Ju s Report, Web Transparency Report Card: Bringing Marin County's Lo l vernment to Light Reviewed By: t: / BACKGROUND On March 17, 2016, the Marin County Grand Jury issued a report called Web Transparency Report Card: Bringing Marin County's Local Government to Light. The report reviewed Local government agencies' websites to evaluate the quality of online information. Measured against a "web transparency checklist" the Town of Tiburon's website received a grade of A-. The report seeks the Town's response to five Findings and five Recommendations. The response must conform to the format required by Penal Code section 933.05. The Town drafted a written response to the Grand Jury Report which is attached hereto for the Town Council's review. RECOMMENDATION Staff recommends that the Town Council review and approve the attached response to the Marin County Civil Grand Jury Report, Web Transparency Report Card: Bringing Marin County's Local Government to Light. EXHIBITS • Draft Response to Grand Jury • Grand Jury Report Prepared By: Benjamin Stock, Town Attorney TOWN. cC.i-• Ttr>i ry` Page 1 of 1 RESPONSE TO GRAND JURY REPORT FORM Town of Tiburon Report Title: Web Transparency Report Card Report Date: March 10, 2016 Public Release: March 17, 2016 Response By: Greg Chanis FINDINGS • We agree with the findings numbered: F1 -F5 • We disagree wholly or partially with the findings numbered: None RECOMMENDATIONS • Recommendations numbered R1, R3, R4 have been implemented. • Recommendations numbered R2, R5 will not be implemented because they are not warranted or are not reasonable. Date: Signed: Number of Pages Attached: 3 GREG CHANIS, TOWN MANAGER July 21, 2016 The Honorable Kelly V. Simmons Judge of the Marin County Superior Court Post Office Box 4988 San Rafael, CA 94913-4988 Mr. John Mann, Foreperson Marin County Grand Jury 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 Re: Response to Grand Jury Report Marin Web Transparency Report Card Dear Honorable Judge Simmons and Mr. Mann: This letter explains in detail the Town of Tiburon's response to the Grand Jury Report dated March 17, 2016. The Report directs the Town to respond to Findings Nos. 1-5 and Recommendations Nos. 1-5. The Findings involve conclusions of fact that the Town has little or no independent basis to evaluate. In responding to these Findings, the Town assumes that the information in the Report is correct and relies on that information. FINDINGS Finding 1: As ofJanuary 4, 2016, 27 Marin local agencies lacked public websites (and of the 99 agencies that have websites, 65 did not satis)5? the Grand Jury's web transparency criteria as of that date). Town's Response to Finding 1: The Town agrees with this finding. Finding 2: Inspecting the Marin County Clerk's "Roster of Public Agencies, " the Grand Jury discovered a majority of local agencies out of compliance per California Government Code §53051 (no filings or outdated filings). Town's Response to Finding 2: The Town agrees with this finding. Finding 3: Effective January 1, 2015, Assembly Bill (AB) 2040 requires that if a public agency "maintains as Internet Web site, it shall post, in a conspicuous location on its Internet Web site, information on the annual compensation of its elected officials, officers, and employees that is submitted to the Controller under §53891." The Grand Jury discovered a majority of the agencies were out of compliance (and potentially at - OAK #4840-2411-1412 vl July 21, 2016 Page 2 risk for fines and/or audit), per California Government Code sections 53895, 53895.7 and 53896). Town's Response to Finding 3: The Town agrees with this finding. Finding 4: The County of Marin does not currently publish a definitive list of all its dependent special districts and JPAs. Town's Response to Finding 4: The Town agrees with this finding. Finding 5: Marin County's "Roster of Public Agencies" is available for viewing only as hard copy at the office of the Marin County Clerk Town's Response to Finding 5: The Town agrees with this finding. RECOMMENDATIONS Recommendation 1: The agency should improve its web transparency score to "B-" (or better), by updating its website and submitting the appropriate self -audit form. The form may be obtained by emailing: grandjury-audit@marincounty.org. Recommendation 2: The agency should file and keep updated its Statement of Facts with the California Secretary of State and the Marin County Clerk as required by California Code §53051. Recommendation 3: The agency should update its website to include information of the annual compensation of its elected officials, officers and employees; and this information should also be submitted to the Controller, as required by Sections 12463 and 53909 of the California Government Code. Recommendation 4: The Marin County Board of Supervisors should create a comprehensive online "digital directory" with links to all County of Marin 's dependent special districts and JPAs. Recommendation 5: To fitrther improve web transparency, the County Clerk of Marin County should allow public remote Internet access to its "Roster of Public Agencies." OAK #4844-2411-1412 vl July 21, 2016 Page 3 Town's Response to Recommendations: Recommendation 1: The Town has implemented this recommendation. Recommendation 2: The Town will not be implementing this recommendation because California Government Code section 53050 exempts the Town from following section 53051. Recommendation 3: The Town has implemented this recommendation. Recommendation 4: The Town has implemented this recommendation. Recommendation 5: The Town has no ability to require the County Clerk of Marin County to take any action and require public remote access to the County's "Roster of Public Agencies." The Tiburon Town Council reviewed and approved this response on July 20, 2016, at a duly noticed and agendized public meeting. If you have further questions on this matter, please do not hesitate to call. Very truly yours, GREG CHANIS Town Manager cc: Town Council Town Attorney OAK #4840-2411-1412 vl 2015/2016 MARI/1 COUPITY CIVIL GRAND ,JURY 2015-16 Web Transparency Report Card bringing Marin County's Local Governments to Light Report Date: March 10, 2016 Public Release Date: March 17, 2016 Marin County Civil Grand Jury 2015-16 Web Transparency Report Card Bringing Mc€rin. County's Local Governments to Light SUMMARY How important are government websites? In April 2015, the Pew Research Center reported' that "65% of Americans in the prior 12 months have used the internet to find data or information pertaining to government". Between October 2015 and January 2016, the Marin County Civil Grand Jury audited local government agencies' websites to evaluate the quality of online information such as budgets, audits and board member information. We found serious deficiencies. The Grand Jury provided each agency with our preliminary audits and described our approach. All agencies were offered the opportunity to improve their websites for a final audit. Many websites significantly improved, while others remained deficient. This audit report provides transparency improvement recommendations for Marin local agency websites. 126 59 27 local agencies were audited: 12 municipalities, 19 school districts, 64 special districts, 30 joint powers authorities (JPAs), and 1 rail district. local agencies improved their websites, and 34 received a grade of B- or better. local agencies have no website: 19 special districts and 8 joint powers authorities (JPAs). Web Transparency Grade Distributions (F to A) 10 8 6 4 2 0 50 40 30 20 10 0 Municipalities (12) Initial Audit Eft Final Audit F D C B Special Districts (64) Initial Audit M Final Audit F D C B A A School Districts (19) 20 Initial Audit ® Final Audit 15 10 5 0 El MEI 30 25 20 15 10 5 F D C B A Joint Powers Authorities (30) Initial Audit I Final Audit F D C B A 1 http://pewinternet.ora/files/2014/10/PI OpenData 072815.pdf 2015-16 Marin Web Transparency Report Card BACKGROUND "A lack of transparency results in distrust and a deep sense of insecurity." — Dalai Lama Marin residents are likely unaware of all the various agencies that serve them. Their property tax bills list2 the charges assessed by these local agencies3: county, city, school, joint powers authorities, rail districts, special districts, and assessment districts. Appendix A illustrates a sample Marin property tax bill. Increasing transparency for a local agency makes it easier to understand where tax dollars go. Residents should be able to easily find the description of services provided, the names and contact information of board members and management, the budget, agendas and minutes of meetings, and other information. Today, the most common source of information is the Internet. Compared with other information sources (i.e., phone calls or emails), online searching is often faster, more detailed, always accessible and anonymous. An effective website presence can also benefit an agency. In the study, Smarter eGovernnaent: The Economics of Online Services in Utah (sponsored by the National Information Consortium4), the Center for Public Policy and Administration at the University of Utah found that Utah was able to save a total of $46 million in the period of 2007-2011 by making traditionally "offline" (in -office) services available online. State law requires transparency: The Ralph M. Brown Act (public meetings), The California Public Records Act (record keeping), California Fair Political Practices Reporting Requirements (economic interests), and financial reporting. While there is currently no requirement for an agency to have a website, there has been a growing movement to make governmental information available online (the "Open Data" movement). In 2013, President Obama signed an executive order "...that made open and machine-readable data the new default for government information"5, which launched Project Open Data. In 2014, Governor Brown signed Assembly Bill (AB) 20406 requiring all local agencies that maintain websites to conspicuously post the annual compensation of its elected officials, officers, and employees. And in 2015, Governor Brown signed Assembly Bill (AB) 1697 and Senate Bill (SB) 2728 2 The paper tax bill Lists a subset of, while an online viewable bill on the County of Marin's Assessor's webpage (http://www.marincountv.orOdeptslar/clivisions/assessor/search-assessor-records) details all the legal charges. 3 See glossary for definitions of agency types. eaov.com 5 pups://www.whitehouse.sovlopen 4 6 hup://leginfo.legisIature.ca._rov/faces/billTextClient.xhtml?bill id=201320140AB2040 8 http://leginfo.leaislature.ca.2ov/faces/billTextClient.xhunl?bi11 id=201520160SB272 https://leeinfo.legislature.ca.aov/faces/billTe.xtClient.xhtmi ?bill id=201520160AB 169 March 10, 2016 Marin County Civil Grand Jury Page 2 of 43 2015-16 Marin Web Transparency Report Card requiring all local agencies that maintain websites (except for school districts9) to make more of their information publicly available and searchable online. Around the United States, several well-respected organizations have developed web transparency checklists for public agencies10. When the Grand Jury examined these checklists, we found items that either did not apply to California agencies or only applied to a specific type of agency. We decided to combine the best of each of these lists to create a single list of nine criteria that could apply to all Marin agencies, and added a tenth agency -specific criterion: Web Transparency Checklist Criteria 1. Overview o Mission Statement: What is the agency's reason for existing? o Description of services/functions: What actions does the agency undertake and what services does the agency provide? o Boundary of service area: What specific area does the agency serve? 2. Budget o Budget for current fiscal year o Budget for the three years prior to the current year o Financial reserves policy: What is the agency's policy for designated reserves and reserve funds? (The policy should be in the agency policy manual but also may be restated and found in the budget or audit reports) 3. Meetings o Board meeting schedule: When specifically does the agency meet? o Archive of Board meeting agendas & minutes for at least the last 6 months: Both approved minutes and past agendas 4. Elected & Appointed Officials o Board members (names, contact info, terms of office, compensation, and biography): Who specifically represents the public on the Board? How can the public contact them? When were they elected (or appointed)? How much do they earn in this role (as required by Assembly Bill 2040 — in effect since January 1, 2015)? What background about the members illustrates their expertise for serving on the Board? o Election procedure and deadlines: If the public wishes to apply to be on the Board, how and when can they do so? o Reimbursement and compensation policy: Which (if any) expenses incurred by the Board are reimbursed? s While these bills excluded school districts, the Grand Jury recognizes schools spend a large amount of tax dollars fulfilling their mission, and parents research their enrollment options using public information. 10 Sunshine Review (now Ballotpedia) (http://ball otpedia.on Transparencv checklist), Illinois Policy (haps://www.illinoispolicy.or/1 0 -point -transparency -checklist/), Institute for Local Government (http://www.ca- ilU_org/posUloca]-agency-website-transparency-opportunities), and the Special District Leadership Foundation (http://www.sdliore#!transparency/clOu) March 10, 2016 Marin County Civil Grand Jury Page 3 of 43 2015-16 Marin Web Transparency Report Card 5. Administrative Officials o General manager and key staff (names, contact info, compensation, and benefits): Who specifically runs the agency on a day-to-day basis? How can the public contact them? How much do they earn in this role (as required by Assembly Bill 2040 in effect since January 1, 2015)? What specific benefits are they eligible for (healthcare, retirement plan, educational benefits, etc.)? 6. Audits o Current financial audit o Financial audits for the three years prior to the current year 7. Contracts o Current requests for proposals and bidding opportunities (over $25,000 in value) o Instructions on how to submit a bid or proposal o Approved in force vendor contracts (over $25,000 in value) 8. Public Records o Online/downloadable Public Records Act (or FOIA) request form: What is the best way for the public to request public records? 9. Revenue Sources o Summary of fees received: fees for -services (if any)? o Summary of revenue sources: bonds, taxes, and/or grants? 10. Other (Agency Specific Criterion) o Municipalities: Total number of lobbyists employed and total spent on lobbying, downloadable permit applications, and zoning ordinances o School Districts: i. For K-12: School Accountability Report Card (SARC), California Assessment of Student Performance and Progress (CAASPP), and the California Healthy Kids Survey (CHKS) ii. For College: California Community Colleges Student Success Scorecard o Special Districts: Authorizing statute/enabling act (Principal Act or Special Act) and board member ethics training certificates o Rail Districts: A copy of the Governing Documentation: As enacted by Congress o JPAs: A copy of the Joint Powers Agreement: As filed and adopted March 10, 2016 Marin County Civil Grand Jury Page 4 of 43 2015-16 Marin Web Transparency Report Card METHODOLOGY Each agency's website was visited and each checklist item was validated for ease of access. However, the first problem the Grand Jury encountered was that there was no single comprehensive list of agencies in Marin County. The Grand Jury found the following lists: ■ Special Districts In Marin 2015 (Marin County Department of Finance)" • Index of Boards and Commissions (Marin County Board of Supervisors)12 • Marin School District Websites (Marin County of Education)13 • Directory of Local Marin County Governments (Marin LAFCO)14 • What Are Special Districts and Why Do They Matter? (Marin County Civil Grand Jury)t5 • Roster of Public Agencies (Marin County Clerk)16 These lists were inconsistent, incomplete and/or out-of-date. The Grand Jury worked with the Marin County Department of Finance to create an up-to-date comprehensive list of agencies17 and their contact information (see Appendix B). Specifically not included in the list of Marin -based agencies are a number of regional agencies that are funded in part by Marin taxpayers, including: • Association of Bay Area Governments ■ Bay Area Air Quality Management District ■ Golden Gate Bridge, Highway & Transportation District • Local Agency Formation Commission ■ Metropolitan Transportation Commission • National Association of Counties • North Bay Watershed Association • North Coast Railroad Authority For transparency and ease of use, detailed information about each agency should be found with a few "clicks." Information that is buried in an agency's board minutes or on other websites not available in -a - click from the agency's website is not in the spirit of transparency. Long and complex PDF (Portable Document Format) documents, such as a budget or an audit report, must be text -searchable, and not simply a picture of a page of text, to easily find specific details. 11 http:// marincounty.org/depts/df/special-districts 12 http://apps.marincounty.ore/bosboardsandcomm/default.aspx 13 http:// marinschools.or2fMCOE/District-Sites/Pay*es/default.aspx 14 http://Jafco.marin_org/index.php/directory-list 15 http://.marincounty.org/—/media/files/departments/ i/reports-responses/2013/spd master list report.pdf 16 California Government Code §53051 requires public agencies to file a Statement of Facts within 70 days after the commencement of its legal existence. See Appendix C for the current State of California Statement of Facts. 17 It is quite likely that our search for Marin public agencies will still not uncover all of the agencies, due to inconsistent self - reporting to the California State Controller. March 10, 2016 Marin County Civil Grand Jury Page 5 of 43 2015-16 Marin Web Transparency Report Card Using the agency -specific checklist, the Grand Jury assigned a minimum of two auditors to independently review each website to ensure audit correctness: • Appendix D: Web Transparency Checklist for Marin Cities, Towns, and County ■ Appendix E: Web Transparency Checklist for Marin School Districts • Appendix F: Web Transparency Checklist for Marin Special Districts • Appendix G: Web Transparency Checklist for Rail Districts ■ Appendix H: Web Transparency Checklist for Marin Joint Powers Authorities (JPAs) After completing the preliminary audit, the Grand Jury then shared with each agency a description of the audit process and the agency's audit results. Agencies that chose to improve their website could complete an online self -audit form' 8, which the Grand Jury utilized in our final follow-up audit. Based on these findings, we then assigned a grade to each agency according to the Sunshine Review's rubric19 to produce a report card (see example at right). The scoring rubric grade was determined based on the number of points on the checklist for which the criteria was completely met. If an agency partially met the criteria, no points were awarded (but partially meeting the checklist was denoted with an "incomplete"). A point scale determined the letter grade awarded: Points 0-2 3 4 5 6 7 8 9 10 Grade F D- D C- C B- B A- A+ In 2013, Sunshine Review2° calculated average web transparency grades for California counties (B), California cities (B+) and California schools (B). The Grand Jury believes that Marin should be as good as the California averages, and therefore selected B- as the minimum acceptable web transparency grade. Example Agency GRADE: B Overview w% Budget Meetings Elected Officials Administrative Officials Audits Contracts Public Records Revenue Sources VP Agency Specific 4 The final scorecards21 are listed in appendices: • Appendix I: Marin Cities, Towns, and County Web Transparency Scorecards • Appendix J: Marin School District Web Transparency Scorecards • Appendix K: Marin Special District Web Transparency Scorecards • Appendix L: Marin Rail District Web Transparency Scorecard • Appendix M: Marin Joint Powers Authority Web Transparency Scorecards PRESENT MISSING il. INCOMPLETE is We provided a minimum of one month's time as well as technical support for the self -audit process. 19 http://ballotpedia.org/Transparency report card %282013%29 20 Ibi• d. 21 Scorecards were tabulated after the October 2015 - January 2016 audits were concluded. March 10, 2016 Marin County Civil Grand Jury Page 6 of 43 2015-16 Marin Web Transparency Report Card DISCUSSION Website Creation Although most Marin agencies have web sites, there is still a perception that not every agency has the resources to easily create and maintain a website. But, modern website creation software has made it possible for a non -tech -savvy person to manage website content easily (see Appendix N). For small agencies, it is not necessary to make a large investment to create a website. A simple website highlighting what the agency does, key agency contacts, board agendas, and audited budgets can encourage citizen participation and improve staff efficiency (answering frequently asked questions online). For larger agencies, it is an opportunity to showcase achievements and build trust with local citizenry. Self -Auditing Feedback After sharing the results of the preliminary web transparency audit with Marin County agencies, the Grand Jury received feedback, much of it agreeing with our preliminary audit's goals and results: • "The best practices transparency checklist you provided was very helpful and 1 believe we have indeed improved the quality of our website, making key information more easily accessible. Based on this experience we plan to make additional changes to our website in a continuous effort to be as transparent as possible" ■ "We have made substantive changes to our web site. Additional items will be added in the same spirit and intent as they become available. Thank you for your evaluation and the opportunity for response." • "We believe that your recommendations regarding providing online/downloadable Public Records Act (or FOIA) request forms is an important topic for our Board to review and consider as a potential exhibit item..." ■ "...We are always trying to improve our website and online resources. I find this report card very helpful and have already started to make some improvements... We are starting the process to procure a new website and 1 think this will help us greatly as we put together the design and specifications ..." • "We are in the midst of a website redevelopment project, and have noted the need to make these important items easier to find. We are taking this opportunity to create a "Transparency" webpage where any user can, frnd all items on your list in one easy to find location." • "Thank you for the opportunity to demonstrate our agency's commitment to transparency on its website. The web transparency checklist was very helpful in two ways. First, to make sure our - website contains all of the information on the checklist, but also going through the review process showed that we can (and will) reorganize some of the information to make it even easier to find. We also plan to supplement the information in a few areas." ■ "We have spent the last month working with our web developer and the best practices transparency list you sent. We developed a page that follows the identical format listed in this best practice guide, with links to the information required. We are very excited about this addition to our site and look forward to augmenting beyond what the Grand Jury has listed." March 10, 2016 Marin County Civil Grand Jury Page 7 of 43 2015-16 Marin Web Transparency Report Card Some of the feedback the Grand Jury received expressed a difference of opinion with the web transparency audit criteria: • "One of the items of transparency listed is a biography of each elected board member. We have intentionally not posted this." • "Our agency's staff relies on the public to tell us specifically what items are missing from our website that the public would like posted. We make every effort to then post the material in a timely manner." • "The agency does not have a website. Public information is made available in accordance with the Public Records Act." ■ "[Budget] available upon request ... and was advised not to post by legal counsel." The Grand Jury granted an extension to any agency that needed more time to update their website and to complete their self -audit. Some agencies stated they had insufficient resources to complete work within the given timeframe. The County of Marin The County of Marin is responsible for at least 28 special districts22 and 4 JPAs23. The Grand Jury questions why 20 of these agencies do not have websites. After sharing the results of our preliminary audits of these 32 agencies with the County, we received correspondence24 from the County indicating that while some of the transparency criteria will be implemented in the future (contracts and municipal - specific), the notion of "...providing and maintaining duplicative information regarding each distinct special district, community (sic) service area, flood control zone, permanent road division, joint powers agreement/agency (JPA's), etc. does not appear to be the best way to provide straightforward information to our residents. Most of these are better described as financing mechanisms rather than municipal agencies. We believe that a single source of information is easier for residents to review and understand." and "...we should also note that the Marin Local Agency Formation Commission (LAFCO) includes descriptive information regarding special districts and JPAs on its website, as well as information regarding other entities independent of the County of Marin." While the Grand Jury supports the desire of the County to provide straightforward information, we disagree with the County's approach. Marin LAFCO's digital directory is provided as a service to the community, but there is no requirement that the directory be accurate or up-to-date. Since not all of the County Service Areas (CSAs) have websites, a citizen cannot easily understand a CSAs' purpose, decision-making, and budgetary actions. It is unreasonable to ask citizens to become experts in sleuthing to find information. As a service to the citizens, the County could create a single web page (for each of 22 Dependent Special Districts: Bolinas Highlands Permanent Road Division, CSA #1 through CSA #33, Inverness Subdivision No. 2 Permanent Road Division, Marin County Fire Department, Marin County Flood Control and Water Conservation District, Marin County Lighting District, Marin County Open Space District, Monte Cristo Permanent Road Division, Mt View Ave-Lagunitas Permanent Road Division, Murray Park Sewer Maintenance District, Paradise Estate Permanent Road Division, Rush Creek Lighting and Landscape, and San Quentin Village Sewer Maintenance District. 23 JPAs: Gateway Improvement Authority, Gateway Refinancing Authority, Marin County Capital Improvements Financing Authority, and Marin County Open Space Financing Authority. 24 Dated December 8, 2015 March 10, 2016 Marin County Civil Grand Jury Page 8 of 43 2015-16 Marin Web Transparency Report Card the dependent special districts and JPAs), that describes the role of the local agency with links to all the transparency criteria that can be found elsewhere on the County's website, and create its own digital directory of these local agencies. Common Web Transparency Deficiencies In reviewing all the Marin County agency websites and self -audits, we found a number of transparency criteria that were commonly missed: 1. Overview: Agencies often mistakenly considered a departmental list the same as a description of the public benefits of their services/functions. A boundary of service area can be easily understood with a map. 2. Budget: Finding key information in these long and complex documents often requires a text search, which is impossible if the budgets are in a non -text -searchable document format. 3. Meetings: Keep the meeting schedule and archive up-to-date. 4. Elected & Appointed Officials: While most agencies listed the names of the Board members, complete information about the Board members (contact info, terms of office, compensation, and biography) was often missing. Agencies were sometimes confused about where election procedures and deadlines can be found, often suggesting this information can be found at Marin County's Elections/Registrar of Voters. While this website has a wealth of general information, specific information about the procedures and deadlines should be clearly described on the agency's website. 5. Administrative Officials: Instead of showing actual salaries and benefits (as required by Assembly Bill (AB) 2040), we often found salary schedules instead. This was most commonly seen with school districts. We recommend putting a link to the agency's Government Compensation in California page (http://publicpay.ca.gov/) 6. Audits: Finding key financial information in these long and complex documents often requires a text search, which is impossible if the audits are in a non -text -searchable document format. 7. Contracts: Agencies often did not show their approved vendor contracts. 8. Public Records: If an agency does not have an online/downloadable Public Records Act (or FOIA) request form, specify how the public can contact the agency for more information (an email address or phone number, for example). 9. Revenue Sources: Agencies generally understood this criterion. 10. Other (Agency Specific): Agencies also generally understood this criterion. It is the hope of the Grand Jury that all local government agencies' websites will continue to improve the accessibility, accuracy, completeness and usefulness of available online information for the public's benefit. Having seen web transparency grades improve from F to A+ during the audit process, we know it is possible. "A democracy requires accountability and accountability requires transparency." — President Barack Obama March 10, 2016 Marin County Civil Grand Jury Page 9 of 43 2015-16 Marin Web Transparency Report Card FINDINGS F1. As of January 4, 2016, 27 Marin local agencies lacked public websites (and of the 99 agencies that have web sites, 65 did not satisfy the Grand Jury's web transparency criteria as of that date). F2. Inspecting the Marin County Clerk's Roster of Public Agencies, the Grand Jury discovered a majority of local agencies out of compliance per California Government Code §53051 (no filings or outdated filings). F3. Effective January 1, 2015, Assembly Bill (AB) 2040 requires that if a public agency "maintains an Internet Web site, it shall post, in a conspicuous location on its Internet Web site, information on the annual compensation of its elected officials, officers, and employees that is submitted to the Controller under §53891." The Grand Jury discovered a majority of the agencies were out of compliance (and potentially at -risk for fines and/or audit), per California Government Code sections 53895, 53895.7, and 53896). F4. The County of Marin does not currently publish a definitive list of all its dependent special districts and JPAs. F5. Marin County's Roster of Public Agencies is available for viewing only as hard copy at the office of the Marin County Clerk. RECOMMENDATIONS R1. The agency should improve its web transparency score to "B-" (or better), by updating its website and submitting the appropriate self -audit form. The form may be obtained by emailing: randjury-audit@ rnari ncountv.org R2. The agency should file and keep updated its Statement of Facts with the California Secretary of State and the Marin County Clerk as required by California Code §53051. R3. The agency should update its website to include information of the annual compensation of its elected officials, officers and employees; and this information should also be submitted to the Controller, as required by Sections 12463 and 53909 of the California Government Code. R4. The Marin County Board of Supervisors should create a comprehensive online "digital directory" with links to all County of Marin's dependent special districts and JPAs. R5. To further improve web transparency, the County Clerk of Marin County should allow public remote Internet access to its Roster of Public Agencies. March 10, 2016 Marin County Civil Grand Jury Page 10 of 43 2015-16 Marin Web Transparency Report Card REQUEST FOR RESPONSES Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows: From the following governing bodies: • Almonte Sanitary District (R1, R2, R3) is Alto Sanitary District (R1, R2, R3) • Bel Marin Keys CSD (R1, R2, R3) • Belvedere -Tiburon Joint Recreation Committee District (R1, R2) ■ Belvedere -Tiburon Library Agency (R2, R3) • Bolinas Community Public Utility District (R2) • Bolinas Fire Protection District (R1, R2, R3) ■ Bolinas Highlands Permanent Road Division (R1, R2, R3) IN Bolinas-Stinson Union District (R1, R3) • Central Marin Police Authority (R1, R3) • Central Marin Sanitation Agency (R2) • City Of Belvedere (R2) is City Of Larkspur (R2) • City Of Mill Valley (R2) is City Of Novato (R2, R3) • City Of San Rafael (R2) • City Of Sausalito (R2) • Corte Madera Sanitary District No 2 (R1, R2, R3) • County Of Marin (R1, R4, R5) • CSA #1 (Loma Verde) (R1, R2, R3) • CSA #6 (Gallinas Creek) (RI, R2, R3) • CSA #9 (Northbridge) (R1, R2, R3) ■ CSA #13 (Lucas Valley) (R1, R2, R3) ■ CSA #14 (Homestead Valley) (R1, R2, R3) • CSA #16 (Greenbrae) (R1, R2, R3) • CSA #17 (Kentfield) (R1, R2, R3) ■ CSA #18 (Las Gallinas) (R1, R2, R3) ■ CSA #19 (San Rafael) (R1, R2, R3) • CSA #20 (Indian Valley, Dominga Canyon) (R1, R2, R3) is CSA #23 (Terra Linda) (R1, R2, R3) • CSA #25 (Unincorporated Novato) (R1, R2, R3) s CSA #27 (Ross Valley Paramedic) (R1, R2, R3) • CSA #28 (West Marin Paramedic) (R1, R2, R3) • CSA #29 (Paradise Cay) (R1, R2, R3) ■ CSA #31 (County Fire) (R1, R2, R3) • CSA #33 (Stinson Beach) (R1, R2, R3) March 10, 2016 Marin County Civil Grand Jury Page 11 of 43 2015-16 Marin Web Transparency Report Card • Dixie School District (R1, R3) • Fairfax Financing Authority (R1, R2, R3) • Firehouse Community Park Agency (R1, R2, R3) • Gateway Improvement Authority (R2, R3) ■ Gateway Refinancing Authority (R2, R3) ■ Homestead Valley Sanitary District (R1, R2, R3) • Inverness Public Utility District (R1, R2, R3) • Inverness Subdivision No. 2 Permanent Road Division (R1, R2, R3) • Kentfield Fire Protection District (R1) • Kentfield School District (R1, R3) • Laguna Joint School District (R1, R3) • Lagunitas School District (R1, R3) • Larkspur Marina Financing Authority (R1, R2, R3) • Larkspur -Corte Madera School District (R3) • Las Gallinas Valley Sanitary District (R2) ■ Lincoln School District (R1, R3) • Marin City CSD (R1, R2, R3) ■ Marin Clean Energy (R1, R2, R3) • Marin Community College District (R1, R3) • Marin County Capital Improvements Financing Authority (R1, R2, R3) • Marin County Fire Department (R1, R2, R3) • Marin County Flood Control And Water Conservation District (R1, R2, R3) s Marin County Hazardous And Solid Waste Joint Powers Authority (R2, R3) • Marin County Lighting District (R1, R2, R3) ■ Marin County Major Crimes Task Force (R1, R2, R3) • Marin County Open Space District (R1, R3) • Marin County Open Space Financing Authority (R1, R2, R3) • Marin County Transit District (R3) IN Marin General Services Authority (R1, R2, R3) • Marin Healthcare District (R1, R2, R3) • Marin Municipal Water District (R3) • Marin Municipal Water District Financing Corporation (R1, R3) • Marin Pupil Transportation Agency (R1, R2, R3) • Marin Resource Conservation District (R2) ■ Marin Schools Insurance Authority (R1, R2) s Marin Telecommunications Agency (R2, R3) s Marin/Sonoma Mosquito & Vector Control District (R2) • Marinet Consortium Joint Powers Authority (R1, R2, R3) • Marinwood Community Service District (R1, R2, R3) • Mill Valley Financing Authority (R1, R2, R3) • Mill Valley School District (R1, R3) March 10, 2016 Marin County Civil Grand Jury Page 12 of 43 2015-16 Marin Web Transparency Report Card • Monte Cristo Permanent Road Division (R1, R2, R3) • Mt View Ave-Lagunitas Permanent Road Division (R1, R2, R3) • Muir Beach Community Services District (R1, R2, R3) • Murray Park Sewer Maintenance District (R1, R2, R3) ■ Nicasio School District (R1, R3) ■ North Marin Water District (R2) • Northern CA Community Colleges Self Insurance Authority (R1, R2, R3) ■ Novato - Kendon Lane Improvement (R1, R2, R3) • Novato Fire Protection District (R2) • Novato Public Finance Authority (R1, R2, R3) • Paradise Estate Permanent Road Division (R1, R2, R3) • Reed Union School District (R1, R3) • Richardson Bay Regional Agency (R1, R2, R3) ■ Richardson Bay Sanitary District (R1, R2, R3) ■ Ross School District (R1, R3) • Ross Valley Fire Department (R1, R2) • Ross Valley Paramedic Authority (R2) • Ross Valley Sanitary District (R1, R2, R3) • Ross Valley School District (R3) • Rush Creek Lighting And Landscape (R1, R2, R3) • San Quentin Village Sewer Maintenance District (R1, R2, R3) • San Rafael City Schools (R1, R3) • San Rafael Joint Powers Financing Authority (RI, R2, R3) • San Rafael Sanitation District (R1, R3) ■ Sausalito - Marin City Sanitary District (R2) • Sausalito Marin City School District (R1, R3) • Sewerage Agency Of Southern Marin (R1, R3) • Shoreline Unified School District (R1, R3) • Sleepy Hollow Fire Protection District (R1, R2, R3) • Sonoma -Marin Area Rail Transit (R1, R2, R3) • Southern Marin Emergency Medical -Paramedic System (R2) • Southern Marin Fire Protection District (R2, R3) • Stinson Beach County Water District (R1, R2, R3) • Stinson Beach Fire Protection District (R1, R2, R3) • Strawberry Recreation District (R1, R2) • Tamalpais Community Services District (R2) • Tamalpais Union High School District (R1, R3) ■ Tiburon Fire Protection District (R1, R2, R3) ■ Tiburon Sanitary District #5 (R1, R2, R3) • Tomales Village Community Services District (R1, R2, R3) • Town Of Corte Madera (R2) March 10, 2016 Marin County Civil Grand Jury Page 13 of 43 2015-16 Marin Web Transparency Report Card • Town Of Fairfax (R2) • Town Of Ross (R1, R2, R3) • Town Of San Anselmo (R2) • Town Of Tiburon (R2) • Union Joint School District (R1, R3) The governing bodies indicated above should be aware that the continent or response of the governing body must be conducted in accordance with Penal Code section 933 (c) and subject to the notice, agenda and open meeting requirements of the Brown Act. INVITED TO RESPOND Since the following agencies have satisfied all applicable recommendations, the governing bodies are invited to respond to this report but are not required to do so: • Marin Emergency Radio Authority • Novato Sanitary District • Novato Unified School District Note: At the time this report was prepared, website transparency information was available at the sites listed. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. March 10, 2016 Marin County Civil Grand Jury Page 14 of 43 2015-16 Marin Web Transparency Report Card APPENDIX A: Sample Marin Assessor Bill for Tax Year 2015 Fund Id Tax Rate Fund Title Property Tax Breakdown By Fund Contact Information Amount 101160 102587 105110 1.0000 BASIC TAX 7729.18 COUNTY FREE LIBRARY MEAS A FCZ #1 - NOVATO MS MOSQUITO #1 LESLIE GALIANI (415) 473-4370 DAVE NICHOLSON (415) 473-6535 MARIA GARCIA-ADARVE (800) 273-5167 105250 NOVATO FIRE PROTECTION DISTRICT DAN HOM (415) 878-2690 ROBIN MERRILL XT 109 105427 SANITARY #6 - NOVATO (415) 892-1694 RENEE BRACKEN (415) 493-4262 108934 0.0027 MARIN COM COLLEGE2004-1 C-11/04 DEPT OF FINANCE TAX DIVISION 20.86 (415) 473-6168 49.00 9.00 12.00 442.84 533.00 107651 NOVATO UNIFIED SCHOOL 251.00 108937 0.0161 NOVATO SCHOOL BNDS'05 A-11/2001 DEPT OF FINANCE TAX DIVISION (415) 473-6168 108940 0.0289 NOVATO SCHOOL BNDS'06 A-11/2001 DEPT OF FINANCE TAX DIVISION (415) 473-6168 108945 0.0067 108949 0.0038 108957 0.0167 MARIN COM COLLEGE2004-2 C-11/04 DEPT OF FINANCE TAX DIVISION (415) 473-6168 DEPT OF FINANCE TAX DIVISION MARIN COM COLLEGE2004-3 C-11/04 (415) 473-6168 NOVATO SCHOOLS -2011 REFUNDING DEPT OF FINANCE TAX DIVISION (415) 473-6168 108967 0.0048 MARIN COM COLLEGE 2004-4 C-11/04 PROPERTY TAX DIVISION (415) 473-6168 109130 LIBRARY ZONE #2 COUN MARIN 109159 109254 0.0037 109278 0.0146 CITY OF NOVATO-RUNOFF CHARGE NOVATO CITY BONDS -SERIES 2007 CITY OF NOVATO REFUNDING LESLIE GALIANI (415) 473-4370 HARRIS & ASSOCIATES (866) 427-4304 DEPT OF FINANCE TAX DIVISION (415) 473-6168 DEPT OF FINANCE TAX DIVISION (415) 473-6168 124.42 223.36 51.78 29.36 129.06 37.10 36.00 15.00 28.58 112,84 Total Bill Charges: 9834.38 The above information has been extracted from the Assessor's Equalized Tax Roll and reflects the most recent tax bill. March 10, 2016 Marin County Civil Grand Jury Page 15 of 43 2015-16 Marin Web Transparency Report Card APPENDIX B: Marin County Agency List Agency Name Type Agency Web Address (URL) Almonte Sanitary District SPD almontesd_ors Alto Sanitary District SPD altosanitarydistrict.or�, Bel Marin Keys CSD SPD bmkcsd.us Belvedere, City Of MUNI cityofbe1vedere.ora Belvedere -Tiburon Joint Recreation Committee District JPA citvofbelvedere.ordindex.aspx?N1.D=21 1 Belvedere -Tiburon Library Agency JPA beltiblibrarv.org Bolinas Community Public Utility District SPD hcpud.org Bolinas Fire Protection District SPD bolinasfire.ore Bolinas Highlands Permanent Road Division SPD - Bolinas-Stinson Union District SCH holinas-stinson.ore Central Marin Police Authority JPA centralmarinpolice.ore, Central Marin Sanitation Agency JPA cmsa.us Corte Madera, Town Of MUNI townofcortemadera.org . Corte Madera Sanitary District No 2 SPD townofcortemadera.org/391/Sanitary-Distrim-No-2 CSA #1 (Loma Verde) SPD - CSA #6 (Gallinas Creek) SPD apps.marincounty.ori/bosboardsandcomm/boardpa!e.aspx?BrdID= 27&return=default.aspx CSA #9 (Northbridge) SPD - CSA #13 (Lucas Valley) SPD - CSA #14 (Homestead Valley) SPD - CSA #16 (Greenbrae) SPD 'narincountyparks.orc/depts/pk/about-us/main/board-ineeting- archives/csa-16 CSA #17 (Kentfield) SPD - CSA #18 (Las Gallinas) SPD apps.marincounty.orcbosboardsandcomm/boardpaae.aspx?BrdID= 20&.ret urn=clefault.aspx CSA#19 (San Rafael) SPD - CSA #20 (Indian Valley, Dominga Canyon) SPD apps.marincounty.orgbosboardsandcomm/boardpa e.aspx?BrdID= 100&return=default.aspx CSA #23 (Terra Linda) SPD - CSA #25 (Unincorporated Novato) SPD - :Agency Type: JPA = Joint Powers Authority / MUNI = Municipality / RAIL = Rail / SCH = School / SPD = Special District i March 10, 2016 Marin County Civil Grand Jury Page 16 of 43 2015-16 Marin Web Transparency Report Card APPENDIX B: Marin County Agency List (cont'd) Agency Name Type Agency Web Address (URL) CSA #27 (Ross Valley Paramedic) SPD - CSA #28 (West Marin Paramedic) SPD - CSA#29 (Paradise Cay) SPD apps.marincounty.ort*/bosboardsandcoimn/boardpa��e.aspx?BrdID=2 6Streturn=default.aspx CSA #31 (County Fire) SPD - CSA #33 (Stinson Beach) SPD `tpps.marincounty.ora/bosboardsandcomm/boardpage.aspx?BrdID=9 2&returlt=default.aspx Dixie School District SCH dixieschooldislrict.org Fairfax, Town Of MUNI town-of-fairfax.org Fairfax Financing Authority JPA town-of-fairfax.ora/html/council.html Firehouse Community Park Agency JPA - Gateway Improvement Authority JPA rarincounty.org/depts/cd/divisions/planning/ atewav-improvement- authority Gateway Refinancing Authority JPA marincountv.ore/depts/cd/divisions/planning/gateway-relinancing- authority Homestead Valley Sanitary District SPD homesteadvallevsd.ora Inverness Public Utility District SPD invernesspud_ora. Inverness Subdivision No. 2 Permanent Road Division SPD - Kentfield Fire Protection District SPD kentfieldfire.org Kentfield School District SCH kentfieldschools.ore Laguna Joint School District SCH laaunaschool.orz Lagunitas School District SCH laeunitas.org Larkspur, City Of MUNI larkspurcityha]1.or_ Larkspur Marina Financing Authority JPA - Larkspur -Corte Madera School District SCH lcroschools_ore Las Gallinas Valley Sanitary District SPD lay sd oro Lincoln School District SCH districts.marinschools.or2/sites/lincoln/SitePaees/Home.aspx Marin City CSD SPD marincity,ov.org Marin Clean Energy JPA mcecleanenergv.ore Marin Community College District SCH marin.edu 'Agency Type: JPA = Joint Powers Authority / MUNI = Municipality / RAIL = Rail / SCH = School / SPD = Special District March 10, 2016 Marin County Civil Grand Jury Page 17 of 43 2015-16 Marin Web Transparency Report Card APPENDIX B: Marin County Agency List (cont'd) Agency Name Type Agency Web Address (URL) Marin County MUNI marincountv.ore Marin County Capital Improvements Financing Authority JPA Marin County Fire Department SPD marincountvfire.org Marin County Flood Control And Water Conservation District SPD marinwatersheds.orJflood control zones.html Marin County Hazardous And Solid Waste Joint Powers Authority JPA zerowastemarin.org. Marin County Law Library's SPD marincountvlawl ibrary.or2 Marin County Lighting District SPD - Marin County Major Crimes Task Force JPA marinsheriff.orgIabout.aspx?�i id=95 Marin County Open Space District SPD marincountvt w-ks.oraklepts/pk/divisions/open-space Marin County Open Space Financing Authority JPA - Marin County Transit District SPD marintransit.org Marin Emergency Radio Authority JPA meraonline.orn/index.cfm Marin General Services Authority JPA maringsa.org Marin Healthcare District SPD marinhealthcare.org Marin Municipal Water District SPD marinwater.orc Marin Municipal Water District Financing Corporation JPA - Marin Pupil Transportation Agency JPA - Marin Resource Conservation District SPD marinrcd.orn Marin Schools Insurance Authority JPA msiajpa.org Marin Telecommunications Agency JPA mtamarin.org Marin/Sonoma Mosquito & Vector Control District SPD msmosduito.com Marinet Consortium Joint Powers Authority JPA marinet.lib_ca.us/screens/help mad net.html Marinwood Community Service District SPD marinwood.org Mill Valley, City Of MUNI citvofmillval1ev.ora 1 1 'Agency Type: JPA = Joint Powers Authority / MUNI = Municipality / RAIL = Rail / SCH = School / SPD = Special District i 25 Found too late for inclusion in web transparency audit March 10, 2016 Marin County Civil Grand Jury Page 18 of 43 2015-16 Marin Web Transparency Report Card APPENDIX B: Marin County Agency List (cont'd) Agency Name Type Agency Web Address (URL) Mill Valley Financing Authority JPA citvofmillvallev.org/Index.aspx?page=1694 Mill Valley School District SCH mvschools.org Monte Cristo Permanent Road Division SPD - Mt View Ave-Lagunitas Permanent Road Division SPD Muir Beach Community Services District SPD muirbeachcsd.com Murray Park Sewer Maintenance District SPD marincountv.org/depts/pw/divisions/capita]-projects/sewer-districts Nicasio School District SCH nicasioschool.org North Marin Water District SPD nmwd.com Northern CA Community Colleges Self Insurance Authority JPA - Novato, City Of MUNI novato.org Novato - Kendon Lane Improvement SPD - Novato Fire Protection District SPD novatofire.org Novato Public Finance Authority JPA novato.org/government/boards-commissions-committees/novato- p ubl i s-1 i n ince-authori tv Novato Sanitary District SPD novatosan.com Novato Unified School District SCH nusd.org Paradise Estate Permanent Road Division SPD - Reed Union School District SCH reedschools.org Richardson Bay Regional Agency JPA rbra.ca.gov Richardson Bay Sanitary District SPD richardsonbaysd.org Ross, Town Of MUNI townofross.org Ross School District SCH rossbears.org Ross Valley Fire Department JPA rossvalleyfire.org Ross Valley Paramedic Authority JPA rossvallevpa.org Ross Valley Sanitary District SPD rvsd.org Ross Valley School District SCH rossvallevschools.org Rush Creek Lighting And Landscape SPD - San Anselmo, Town Of MUNI townofsananselmo.ora :Agency Type: JPA = Joint Powers Authority / MUNI = Municipality / RAIL = Rail / SCH = School / SPD = Special District March 10, 2016 Marin County Civil Grand Jury Page 19 of 43 2015-16 Marin Web Transparency Report Card APPENDIX B: Marin County Agency List (cont'd) Agency Name Type Agency Web Address (URL) San Quentin Village Sewer Maintenance District SPD marincountv.org/dcptsfpw/divisions/capital-projects/sewer-disu-icts San Rafael, City Of MUNI cit vofsanrafael.or, San Rafael City Schools SCH sres.ora San Rafael Joint Powers Financing Authority JPA - San Rafael Sanitation District SPD cityofsanrafae].ora/pubworks-home Sausalito, City Of MUNI ci.sausalito.ca.us Sausalito - Marin City Sanitary District SPD sausalitomarincitvsanitarvdistrict.com Sausalito Financing Authority'- JPA - Sausalito Marin City School District SCH smcsd.org Sewerage Agency Of Southern Marin JPA citvofmil]vallev.ore/Index.aspx?pane=49 Shoreline Unified School District SCH shorelineunified.org Sleepy Hollow Fire Protection District SPD shfpd.org Sonoma -Marin Area Rail Transit RAIL sonomamarintrain.ory Southern Marin Emergency Medical - Paramedic System JPA smemps.ore Southern Marin Fire Protection District SPD southernmarinfire.org Stinson Beach County Water District SPD stinson-beach-cwd.dst.ca.us Stinson Beach Fire Protection District SPD stinsonbeachfire.com Strawberry Recreation District SPD strawberrv.marin.org Tamalpais Community Services District SPD tcsd.us Tamalpais Union High School District SCH tamdistrict.ora Tiburon, Town Of MUNI townoftiburon.org Tiburon Fire Protection District SPD tiburonfire.ora Tiburon Sanitary District #5 SPD sani5.org Tomales Village Community Services District SPD toma]escsd.ca.aov Transportation Authority of Marin27 JPA tam.ca.g*ov Union Joint School District SCH disu-icts.marinschools.ore/sites/Union/SitePaRes/Home.aspx Agency Type: JPA = Joint Powers Authority / MUNI = Municipality / RAIL = Rail / SCH = School / SPD = Special District 26 Found too late for inclusion in web transparency audit 27 Found too late for inclusion in web transparency audit March 10, 2016 Marin County Civil Grand Jury Page 20 of 43 2015-16 Marin Web Transparency Report Card APPENDIX C: State of California Statement of Facts State of California Secretary of State STATEMENT OF FACTS ROSTER OF PUBLIC AGENCIES FILING (Govemment Code section 53051) Instructions: 1. Complete and mail to: Secretary of State, P.O. Box 942870, Sacramento, CA 94277-2870 (916) 653-3984 2. A street address must be given as the official mailing address or as the address of the presiding officer. 3. Complete addresses as required. 4. If you need additional space, attach Information on an 8W X 11" page, one sided and legible. New Filing 0 Update 0 (Office Use Only) Legal name of Public Agency: Nature of Update: County: Official Mailing Address: Name and Address of each member of the goveming board: Chairman, President or other Presiding Officer (Indicate Title): Name: Address: Secretary or Clerk (Indicate Title): Name: Address: Members: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: RETURN ACKNOWLEDGMENT TO: (Type or Print) Date NAME r ADDRESS Signature CITY/STATE/ZIP L J Typed Name and Title SEC/STATE NPSF 405 Rev 04)2015 March 10, 2016 From: htto://www.sos.ca.gov/business-programsisDecial-filings/forms Marin County Civil Grand Jury Page 21 of 43 2015-16 Marin Web Transparency Report Card APPENDIX D: Web Transparency Checklist for Marin Cities, Towns, and County e 2111. g 1 1. df /11144/rlufli' 1`7 1 �-- WCC, { 2 Criteria Features Overview • Mission Statement ("What we do") • Description of services/functions • Boundary of service area Budget • Budget for current fiscal year, • Budget for the past three years • Financial reserves policy Meetings • Board meeting schedule • Archive of Board meeting agendas & minutes for at least the last 6 months Elected & Appointed Officials • Board members (names, contact info, terms of office, compensation, and biography) • Election procedure and deadlines, • Reimbursement and compensation policy Administrative Officials • General manager and key staff (names, contact info, compensation, and benefits) Audits • Current financial audit • Financial audits for the past three years Contracts • Current requests for proposals and bidding opportunities (more than $25,000 in value) • Instructions on how to submit a bid or proposal • Approved vendor contracts (more than $25,000 in value) Public Records • Online/downloadable Public Records Act (or FOIA) request form Revenue Sources • Summary of fees received and summary of revenue sources Municipal Specific • Total number of lobbyists employed and total spent on lobbying • Downloadable permit applications • Zoning ordinances March 10, 2016 Marin County Civil Grand Jury Page 22 of 43 2015-16 Marin Web Transparency Report Card Criteria Features Overview • Mission Statement ("What we do") • Description of services/functions • Boundary of service area Budget • Budget for current fiscal year, • Budget for the past three years • Financial reserves policy Meetings • Board meeting schedule • Archive of Board meeting agendas & minutes for at least the last 6 months Elected Officials • Board members (names, contact info, terms of office, compensation, and biography) • Election procedure and deadlines, • Reimbursement and compensation policy Administrative Officials • General manager and key staff (names, contact info, compensation, and benefits) Audits • Current financial audit • Financial audits for the previous three years Contracts • Current requests for proposals and bidding opportunities (more than $25,000 in value) • Instructions on how to submit a bid or proposal • Approved vendor contracts (more than $25,000 in value) Public Records • Online/downloadable Public Records Act (or FOIA) request form Revenue Sources • Summary of fees received and summary of revenue sources Reports For K-12: • School Accountability Report Card (SARC) • California Assessment of Student Performance and Progress (CAASPP) • The California Healthy Kids Survey (CHKS). For College: • California Community Colleges Student Success Scorecard March 10, 2016 Marin County Civil Grand Jury Page 23 of 43 2015-16 Marin Web Transparency Report Card APPENDIX F: Web Transparency Checklist for Marin Special Districts Criteria Features Overview • Mission Statement ("What we do") • Description of services/functions • Boundary of service area Budget • Budget for current fiscal year, • Budget for the past three years • Financial reserves policy Meetings • Board meeting schedule • Archive of Board meeting agendas & minutes for at least the last 6 months Elected Officials • Board members (names, contact info, terms of office, compensation, and biography) • Election procedure and deadlines, • Reimbursement and compensation policy Administrative Officials • General manager and key staff (names, contact info, compensation, and benefits) Audits • Current financial audit • Financial audits for the past three years Contracts • Current requests for proposals and bidding opportunities (more than $25,000 in value) • Instructions on how to submit a bid or proposal • Approved vendor contracts (more than $25,000 in value) Public Records • Online/downloadable Public Records Act (or FOIA) request form Revenue Sources • Summary of fees received and summary of revenue sources District Specific • Authorizing statute/enabling act (Principal Act or Special Act) • Board member ethics training certificates March 10, 2016 Marin County Civil Grand Jury Page 24 of 43 2015-16 Marin Web Transparency Report Card APPENDIX G: Web Transparency Checklist for Rail Districts A 11-1 rmmil I Li iS Criteria Features Overview • Mission Statement ("What we do") • Description of services/functions • Boundary of service area Budget • Budget for current fiscal year, • Budget for the past three years • Financial reserves policy Meetings • Board meeting schedule • Archive of Board meeting agendas & minutes for at least the last 6 months Elected & Appointed Officials • Board members (names, contact info, terms of office, compensation, and biography) • Election procedure and deadlines, • Reimbursement and compensation policy Administrative Officials • General manager and key staff (names, contact info, compensation, and benefits) Audits • Current financial audit • Financial audits for the past three years Contracts • Current requests for proposals and bidding opportunities (more than $25,000 in value) • Instructions on how to submit a bid or proposal • Approved vendor contracts (more than $25,000 in value) Public Records • Online/downloadable Public Records Act (or FOIA) request form Revenue Sources • Summary of fees received and summary of revenue sources Governing Document • As established by California State Assembly March 10, 2016 Marin County Civil Grand Jury Page 25 of 43 2015-16 Marin Web Transparency Report Card APPENDIX H: Web Transparency Checklist for Marin Joint Powers Authority (JPAs) ismrr =raw 1i E: rte T J Criteria Features Overview • Mission Statement ("What we do") • Description of services/functions • Boundary of service area Budget • Budget for current fiscal year, • Budget for the past three years • Financial reserves policy Meetings • Board meeting schedule • Archive of Board meeting agendas & minutes for at least the last 6 months Elected & Appointed Officials • Board members (names, contact info, terms of office, compensation, and biography) • Election procedure and deadlines, • Reimbursement and compensation policy Administrative Officials • General manager and key staff (names, contact info, compensation, and benefits) Audits • Current financial audit • Financial audits for the past three years Contracts • Current requests for proposals and bidding opportunities (more than $25,000 in value) • Instructions on how to submit a bid or proposal • Approved vendor contracts (more than $25,000 in value) Public Records • Online/downloadable Public Records Act (or FOIA) request form Revenue Sources • Summary of fees received and summary of revenue sources JPA Agreement • A copy of the Joint Powers Agreement (as filed and adopted by member agencies) March 10, 2016 Marin County Civil Grand Jury Page 26 of 43 2015-16 Marin Web Transparency Report Card APPENDIX I: Marin Cities, Towns, and County Web Transparency Scorecards (see Appendix D for details of the Marin Cities, Towns, and County Web Transparency Checklist) City of Belvedere GRADE: B - Overview a1 Budget Meetings Elected Officials 4 Administrative Officials Audits Contracts Public Records Revenue Sources Municipal Specific City of Novato GRADE: B - Overview Budget Meetings Elected Officials 4 Administrative Officials Audits Contracts Public Records Revenue Sources Municipal Specific 4 March 10, 2016 Town of Corte Madera GRADE: A+ Overview Budget Meetings Elected Officials Administrative Officials Audits Contracts Public Records Revenue Sources Municipal Specific Town of Ross GRADE: C Overview 4 Budget 4 Meetings Elected Officials Administrative Officials Audits Contracts �► Public Records Revenue Sources Municipal Specific Town of Fairfax GRADE: B - Overview Budget Meetings Elected Officials 4 Administrative Officials Audits Contracts +� Public Records X. Revenue Sources Municipal Specific Town of San Anselmo GRADE: B - Overview 4 Budget Meetings Elected Officials Administrative Officials Audits Contracts 4 Public Records V v Revenue Sources Municipal Specific City of Larkspur GRADE:A- Overview Budget +1 Meetings Elected Officials Administrative Officials Audits Contracts Public Records Revenue Sources Municipal Specific City of San Rafael GRADE: B Overview Budget Meetings Elected Officials 4 Administrative Officials Audits Contracts 4 Public Records Revenue Sources Municipal Specific 9 City of Mill Valley GRADE: A - Overview Budget Meetings Elected Officials Administrative Officials NY Audits Contracts 41 Public Records Revenue Sources Municipal Specific City of Sausalito GRADE: A+ Overview Budget Meetings Elected Officials Administrative Officials Audits Contracts Public Records Revenue Sources Municipal Specific Marin County Civil Grand Jury Page 27 of 43 2015-16 Marin Web Transparency Report Card APPENDIX I: Marin Cities, Towns, and County Web Transparency Scorecards (cont'd) Town of Tiburon GRADE: A - Overview kt Budget Meetings Elected Officials Administrative Officials Audits Contracts Public Records Revenue Sources Municipal Specific March 10, 2016 County of Marin GRADE: C - Overview Budget Meetings Elected Officials d Administrative Officials Audits Contracts 0 Public Records 14. Revenue Sources Municipal Specific Marin County Civil Grand Jury Page 28 of 43 2015-16 Marin Web Transparency Report Card APPENDIX J: Marin School District Web Transparency Scorecards (see Appendix E for details of the Marin School District Web Transparency Checklis ) Bolinas-Stinson Union District GRADE: F Overview d Budget Meetings Elected Officials Administrative Officials Audits Contracts Public Records ) i 4 Revenue Sources Reports Larkspur -Corte Madera School District GRADE: B - Overview Budget Meetings Elected Officials 1 Administrative Officials Audits 4 Contracts 4 Public Records Revenue Sources Reports March 10, 2016 Dixie School District GRADE: C Overview Budget Meetings Elected Officials d Administrative Officials Audits Contracts ?� Public Records h 4 Revenue Sources Reports Lincoln School District GRADE: F Overview 4 Budget 4 Meetings i► Elected Officials )4 Administrative Officials Audits �► Contracts 114 Public Records ?i: Reports Revenue Sources Kentfield School District GRADE:C- Overview Budget Meetings Elected Officials 4 Administrative Officials Audits Contracts Public Records Revenue Sources Reports r d Mill Valley School District GRADE:C Overview Budget Meetings Elected Officials 4 Administrative Officials 4 Audits Contracts Public Records A Revenue Sources Reports Laguna Joint School District GRADE: F Overview it Budget Meetings �► Elected Officials X Administrative Officials Audits Contracts Public Records A 1,4 Revenue Sources Reports Nicasio School District GRADE: F Overview 4 Budget Meetings Elected Officials 4 Administrative Officials Audits y► Contracts Public Records X► i Revenue Sources Reports 4 Lagunitas School District GRADE: F Overview 4 Budget Meetings Elected Officials 4 Administrative Officials Audits 4 Contracts Public Records I► Revenue Sources Reports 4 Novato Unified School District GRADE: A - Overview Budget Meetings Elected Officials Administrative Officials Audits Contracts Public Records Revenue Sources Reports 1 1 Marin County Civil Grand Jury Page 29 of 43 2015-16 Marin Web Transparency Report Card APPENDIX J: Marin School District Web Trans Reed Union School District GRADE: F Overview Budget 4 Meetings Elected Officials 4 Administrative Officials Audits Contracts Public Records Revenue Sources 4 Reports +i Shoreline Unified School District GRADE: F Overview 4 Budget 4 Meetings Elected Officials 4 Administrative Officials Audits Contracts Public Records Revenue Sources 4 Reports 4 March 10, 2016 Ross School District GRADE: D - Overview Budget �► Meetings Elected Officials Administrative Officials 4 Audits y. Contracts l� Public Records A Revenue Sources Reports d Tamalpais Union High School District GRADE: D - Overview Budget 4 Meetings Elected Officials 4 Administrative Officials Audits Contracts i4 Public Records )4 t Revenue Sources 4 Reports 4 parency Scorecards (cont'd) Ross Valley School District GRADE: B - Overview Budget Meetings Elected Officials 4 Administrative Officials Audits Contracts 4 Public Records 4 Revenue Sources Reports Union Joint School District GRADE: F Overview 4 Budget �► Meetings ii► Elected Officials ?► Administrative Officials Audits Contracts ?► Public Records )i t Revenue Sources Reports 4 San Rafael City Schools GRADE: F Overview Budget V Meetings Elected Officials 4 Administrative Officials Audits Contracts Public Records Revenue Sources Reports 4 Sausalito Marin City School District GRADE: F Overview 4 Budget 4 Meetings Elected Officials Administrative Officials 4 Audits 4 Contracts Public Records ) Revenue Sources Reports 4 Marin Community College District GRADE: C - Overview Budget 4 Meetings Elected Officials 4 Administrative Officials Audits Contracts Public Records ) Revenue Sources Reports Marin County Civil Grand Jury Page 30 of 43 2015-16 Marin Web Transparency Report Card APPENDIX K: Marin Special District Web Transparency Scorecards (see Appendix F for details of the Marin Special District Web Transparency Checklist) Almonte Sanitary District GRADE: F Overview Budget ?� Meetings 4 Elected Officials +1 Administrative Officials Audits �► Contracts A Public Records A d Revenue Sources District Specific A Bolinas Highlands Permanent Road Division GRADE: F Overview Budget Meetings Elected Officials A Administrative Officials Audits Contracts Public Records Revenue Sources A A A A District Specific A March 10, 2016 Alto Sanitary District GRADE: F Overview 4 Budget A Meetings 4 Elected Officials A Administrative Officials Audits A Contracts A Public Records A 1 Revenue Sources A District Specific A Corte Madera Sanitary District No. 2 GRADE: D Overview ✓ Budget Meetings 4 Elected Officials Administrative Officials Audits 4 Contracts A Public Records A Revenue Sources District Specific A Bel Marin Keys CSD GRADE: F Overview 4 Budget A Meetings Elected Officials 4 Administrative Officials Audits A Contracts ?► Public Records A Revenue Sources A District Specific A CSA #1 (Loma Verde) GRADE: F Overview A Budget A Meetings A Elected Officials A Administrative Officials Audits Contracts Public Records Revenue Sources A A A A A District Specific A Bolinas Community Public Utility District GRADE: A+ Overview Budget Meetings Elected Officials Administrative Officials Audits Contracts Public Records Revenue Sources District Specific 'dr CSA #6 (Gallinas Creek) GRADE: F Overview 11 Budget A Meetings ?► Elected Officials 1 Administrative Officials Audits A Contracts A Public Records A Revenue Sources A District Specific A Bolinas Fire Protection District GRADE: F Overview Budget A Meetings y Elected Officials 4 Administrative 4 Officials Audits A Contracts A Public Records A Revenue Sources A District Specific A CSA #9 (Northbridge) GRADE: F Overview Budget Meetings Elected Officials Administrative Officials A A A A A Audits A Contracts A Public Records A Revenue Sources A District Specific A Marin County Civil Grand Jury Page 31 of 43 2015-16 Marin Web Transparency Report Card APPENDIX K: Marin Special District Web Transparency Scorecards (cont'd) CSA #13 (Lucas Valley) GRADE: F Overview �► Budget Meetings 3s Elected Officials ) Administrative Officials Audits Contracts Public Records Revenue Sources District Specific A CSA #19 (San Rafael) GRADE: F Overview Budget Meetings Elected Officials 34 Administrative Officials Audits Contracts Public Records A, Revenue Sources Ig. District Specific A March 10, 2016 CSA #14 (Homestead Valley) GRADE: F Overview d► Budget Meetings 7s Elected Officials X Administrative Officials $s Audits Contracts �► Public Records X Revenue Sources District Specific A CSA #20 (Indian Valley, Dominga Canyon) GRADE: F Overview 4 Budget Meetings a. Elected Officials 4 Administrative Officials 4 Audits Contracts d► Public Records A Revenue Sources District Specific A CSA #16 (Greenbrae) GRADE: F Overview 4 Budget Meetings Elected Officials 4 Administrative Officials Audits �► Contracts Public Records X d Revenue Sources District Specific A. CSA #23 (Terra Linda) GRADE: F Overview Budget y4 Meetings Elected Officials A. Administrative Officials Audits Contracts :4 Public Records ?a Revenue Sources )► District Specific A CSA #17 (Kentfield) GRADE: F Overview Budget y► Meetings Elected Officials )s Administrative Officials Audits �► Contracts �► Public Records X Revenue Sources District Specific X CSA #25 (Unincorporated Novato) GRADE: F Overview a4 Budget d► Meetings Elected Officials X4 Administrative Officials Audits Contracts. Public Records e'a Revenue Sources District Specific X CSA #18 (Las Gallinas) GRADE: F Overview �f Budget 4 Meetings �► Elected Officials 4 Administrative Officials Audits Contracts Public Records 24 1 Revenue Sources District Specific A CSA #27 (Ross Valley Paramedic) GRADE: F Overview )4 Budget �► Meetings ?► Elected Officials A. Administrative Officials Audits los Contracts. Public Records A Revenue Sources District Specific 7s Marin County Civil Grand Jury Page 32 of 43 2015-16 Marin Web Transparency Report Card APPENDIX K: CSA #28 (West Marin Paramedic) GRADE: F Overview A Budget A Meetings Elected Officials A Administrative Officials Audits A Contracts 2� Public Records ea Revenue Sources District Specific A Inverness Public Utility District GRADE: F Overview ti Budget �► Meetings ?+ Elected Officials A Administrative Officials Audits Contracts Public Records Revenue Sources 34 District Specific A March 10, 2016 Marin Special D CSA #29 (Paradise Cay) GRADE: F Overview Budget Meetings Elected Officials Administrative Officials 4 4 Audits �► Contracts Public Records A Revenue Sources District Specific A istrict Web Transparency Scorecards (cont'd) Inverness Subdivision No. 2 Permanent Road Division GRADE: F Overview Budget Meetings Elected Officials 3e. Administrative Officials Audits Contracts Public Records Revenue Sources A District Specific A CSA #31 (County Fire) GRADE: F Overview Budget Meetings Elected Officials Administrative Officials Audits A Contracts Public Records A Revenue Sources District Specific A Kentfield Fire Protection District GRADE: 0 - Overview Budget 1l Meetings Elected Officials d Administrative Officials 4 Audits Contracts -1 Public Records A Revenue Sources District Specific A CSA #33 (Stinson Beach) GRADE: F Overview 4 Budget �► Meetings Elected Officials 4 Administrative Officials Audits ?� Contracts Public Records A it Revenue Sources District Specific A Las Gallinas Valley Sanitary District GRADE: A - Overview Budget Meetings Elected Officials Administrative Officials Audits �✓ Contracts w' Public Records v, Revenue Sources District Specific 11 Homestead Valley Sanitary District GRADE: D - Overview Budget Meetings Elected Officials 4 Administrative Officials 4 Audits A Contracts Public Records A Revenue Sources District Specific A Marin City CSD GRADE: F Overview 4 Budget 1 Meetings so - Elected Elected Officials et Administrative Officials Audits Contracts Public Records Revenue Sources 4 A District Specific A Marin County Civil Grand Jury Page 33 of 43 2015-16 Marin Web Transparency Report Card APPENDIX K: Marin Special District Web Transparency Scorecards (cont'd) Marin County Fire Department GRADE: F Overview Budget Meetings Elected Officials A Administrative Officials Audits �► Contracts A Public Records A Revenue Sources A District Specific A Marin Healthcare District GRADE: D - Overview Budget A Meetings Elected Officials r w Administrative Officials 1 Audits A Contracts Public Records Revenue Sources District Specific A March 10, 2016 Marin County Flood Control and Water Conservation District GRADE: F Overview Budget A Meetings Elected Officials A Administrative Officials Audits Contracts Public Records A A Revenue Sources District Specific A Marin Municipal Water District GRADE: B - Overview rr Budget 'v' Meetings Elected Officials Administrative Officials Audits Contracts Public Records Revenue Sources District Specific 4 u Marin County Lighting District GRADE: F Overview Budget A Meetings Elected Officials A Administrative Officials Audits Contracts A Public Records A Revenue Sources District Specific A Marin Resource Conservation District GRADE: A - Overview Budget Meetings Elected Officials Administrative Officials Audits Contracts Public Records ‘.0-- Revenue •� Revenue Sources District Specific 1 Marin County Open Space District GRADE: F Overview Budget Meetings Elected Officials Administrative Officials 1 Audits �. Contracts Public Records A Revenue Sources District Specific A Marin/Sonoma Mosquito & Vector Control District GRADE: A+ Overview .v' Budget V' Meetings Elected Officials +v Administrative Officials Audits Contracts Public Records Revenue Sources District Specific Marin County Transit District GRADE: B Overview Budget Meetings Elected Officials 1 Administrative Officials Audits Contracts Public Records 1 Revenue Sources District Specific Marinwood Community Service District GRADE: D - Overview Budget y Meetings 1 Elected Officials Administrative Officials Audits Contracts 1 Public Records A Revenue Sources District Specific 1 Marin County Civil Grand Jury Page 34 of 43 2015-16 Marin Web Transparency Report Card APPENDIX K: Monte Cristo Permanent Road Division GRADE: F Overview 2�0 Budget 3k, Meetings :! Elected Officials Ito Administrative Officials Audits 1► Contracts A• Public Records X► Revenue Sources District Specific A Novato - Kendon Lane Improvement GRADE: F Overview �► Budget 1a Meetings 3r Elected Officials N. Administrative Officials Audits Contracts gs Public Records X. Revenue Sources District Specific ati March 10, 2016 Marin Special D istrict Web Transparency Scorecards (cont'd) Mt. View Ave- Lagunitas Permanent Road Division GRADE: F Overview Budget Meetings Elected Officials Administrative Officials Audits Contracts Public Records Revenue Sources District Specific ) Novato Fire Protection District GRADE: A+ Overview Budget Meetings Elected Officials Administrative Officials Audits Contracts .� Public Records ✓ Revenue Sources District Specific.. Muir Beach Community Service District GRADE: F Overview Budget Meetings Elected Officials Administrative Officials 1ti 1 1 Audits y► Contracts Public Records X. Revenue Sources District Specific 1 Novato Sanitary District GRADE: A+ Overview Budget Meetings Elected Officials Administrative Officials Audits Contracts Public Records Revenue Sources w v District Specific r Murray Park Sewer Maintenance Division GRADE: F Overview �s Budget !� Meetings Elected Officials X Administrative Officials Audits Contracts Public Records X, Revenue Sources District Specific dk Paradise Estate Permanent Road Division GRADE: F Overview Budget i► Meetings Elected Officials A Administrative Officials Audits �s Contracts Public Records dk Revenue Sources District Specific ) North Marin Water District GRADE: B Overview Budget Meetings Elected Officials •s Administrative Officials Audits Contracts Public Records 1 Revenue Sources District Specific •�r Richardson Bay Sanitary District GRADE: F Overview Budget ?e Meetings 1 Elected Officials 4 Administrative Officials Audits :► Contracts Public Records b► Revenue Sources District Specific :► Marin County Civil Grand Jury Page 35 of 43 2015-16 Marin Web Transparency Report Card APPENDIX K: Ross Valley Sanitary District GRADE: C - Overview Budget +1 Meetings Elected Officials I Administrative Officials 4 Audits Contracts a Public Records Revenue Sources District Specific 1 Sleepy Hollow Fire Protection District GRADE: D Overview Budget Meetings Elected Officials 4 Administrative Officials Audits Contracts Public Records Revenue Sources District Specific # March 10, 2016 Marin Special District Web Transparency Scorecards (cont'd) Rush Creek Lighting and Landscaping GRADE: F Overview Budget Meetings Elected Officials # Administrative Officials Audits Contracts Public Records # Revenue Sources District Specific ) Southern Marin Fire Protection District GRADE: B Overview Budget 4 Meetings Elected Officials Administrative Officials Audits Contracts Public Records Revenue Sources District Specific 4 Now San Quentin Village Sewer Maintenance Division GRADE: F Overview Budget Meetings Elected Officials Administrative Officials 4 i Audits Contracts Public Records A. Revenue Sources �yF District Specific # Stinson Beach County Water District GRADE: F Overview 1 Budget 1 Meetings Elected Officials 1 Administrative Officials Audits Contracts Public Records Revenue Sources 4 w District Specific )s San Rafael Sanitation District GRADE: D Overview Budget 1 Meetings Elected Officials 1 Administrative Officials Audits 4 Contracts 4 Public Records X Revenue Sources District Specific 4 Stinson Beach Fire Protection District GRADE: F Overview 4 Budget Meetings Elected Officials q Administrative Officials Audits �► Contracts Public Records # # Revenue Sources District Specific # Sausalito - Marin City Sanitary District GRADE: A - Overview Budget Meetings Elected Officials 1 Administrative Officials Audits w. Contracts Public Records .' Revenue Sources District Specific Strawberry Recreation District GRADE: D - Overview 4 Budget Meetings Elected Officials 1 Administrative Officials 4 Audits Contracts Public Records v Revenue Sources District Specific Marin County Civil Grand Jury Page 36 of 43 2015-16 Marin Web Transparency Report Card APPENDIX K: Tama!pais Community Services District GRADE: A - Overview Budget Meetings Elected Officials i Administrative Officials Audits sNi Contracts Public Records Revenue Sources District Specific March 10, 2016 Marin Special District Web Transparency Scorecards (coned) Tiburon Fire Protection District GRADE: D - Overview Budget Meetings Elected Officials A Administrative Officials Audits Contracts Public Records A Revenue Sources District Specific )i' Tiburon Sanitary District #5 GRADE: D Overview Budget Meetings Elected Officials Administrative Officials Audits Contracts ?► Public Records A 4 Revenue Sources District Specific A Tomales Village Community Services District GRADE: D Overview r+ Budget t Meetings •ir Elected Officials 4 Administrative Officials Audits Contracts Public Records A Revenue Sources District Specific A Marin County Civil Grand Jury Page 37 of 43 2015-16 Marin Web Transparency Report Card APPENDIX L: Marin Rail District Web Transparency Scorecard (see Appendix G for details of the Marin Rail District Web Transparency Checklist) Sonoma -Marin Area Rail Transit GRADE: C - Overview Budget 4 Meetings Elected Officials VI Administrative Officials 4 Audits Contracts 4 Public Records A Revenue Sources Governing Docs March 10, 2016 Marin County Civil Grand Jury Page 38 of 43 2015-16 Marin Web Transparency Report Card APPENDIX M: Belvedere -Tiburon Joint Recreation Committee District GRADE: F Overview Budget A Meetings Elected Officials X► Administrative Officials Audits Contracts Public Records Revenue Sources 4 4 JPA Agreement A Firehouse Community Park Agency GRADE: F Overview Budget Meetings Elected Officials A Administrative Officials Audits Contracts Public Records Revenue Sources JPA Agreement A March 10, 2016 Marin Joint Powers Authority Web Transparency Scorecards see Appendix H for details of the Joint Powers Authority Web Transparency Checklist) Belvedere -Tiburon Library Agency GRADE: B - Overview re Budget ++ Meetings rr Elected Officials Ii Administrative Officials Audits Contracts Public Records i Revenue Sources JPA Agreement v Gateway Improvement Authority GRADE: B - Overview 4 Budget r► Meetings rr Elected Officials Administrative Officials Audits v+ Contracts Public Records 4 Revenue Sources JPA Agreement A Central Marin Police Authority GRADE: 0 - Overview Budget Meetings Elected Officials Administrative Officials 4 4 Y Audits 4 Contracts Public Records Revenue Sources JPA Agrecrncnt Gateway Refinancing Authority GRADE: B - Overview 4 Budget .v Meetings SIF* Elected Officials '- Administrative Officials Audits Contracts Public Records 4 Revenue Sources JPA Agreement X► Central Marin Sanitation Agency GRADE: B Overview rr Budget Meetings :r Elected Officials 9 Administrative Officials Audits r► Contracts •►' Public Records A Revenue Sources JPA Agreement Larkspur Marina Financing Authority GRADE: F Overview Budget Meetings Elected Officials $► Administrative Officials Audits Contracts A Public Records A Revenue Sources JPA Agreement A Fairfax Financing Authority GRADE: F Overview Budget Meetings 4 Elected Officials 4 Administrative Officials Audits 4 A Contracts Public Records A Revenue Sources JPA Agreement A Marin Clean Energy GRADE: 0 - Overview Budget 4 Meetings Elected Officials d Administrative Officials 1 Audits Contracts 4 Public Records A Revenue Sources JPA Agreement -r Marin County Civil Grand Jury Page 39 of 43 2015-16 Marin Web Transparency Report Card APPENDIX M: Marin Joint Powers Authority Web Transparency Scorecards (cont'd) Marin County Capital Improvements Financing Authority GRADE: F Overview Budget Meetings Elected Officials A Administrative Officials Audits Contracts Public Records Revenue Sources JPA Agreement A Marin General Services Authority GRADE: D Overview 4 Budget Meetings Elected Officials si Administrative Officials 4 • Audits Contracts Public Records A Revenue Sources JPA Agreement March 10, 2016 Marin County Hazardous and Solid Waste Joint Powers Authority GRADE: B - Overview -4- Budget Budget Meetings Elected Officials Administrative Officials Audits 4 Contracts Public Records Revenue Sources JPA Agreement Marin Municipal Water District Financing Corporation GRADE: F Overview �► Budget Meetings #ti Elected Officials A Administrative Officials Audits A Contracts Public Records A Revenue Sources A JPA Agreement A Marin County Major Crimes Task Force GRADE: F Overview Budget Meetings Elected Officials A Administrative Officials Audits Contracts Public Records A Revenue Sources A JPA Agreement A Marin Pupil Transportation Agency GRADE: F Overview A Budget Meetings Elected Officials A Administrative Officials Audits Contracts Public Records Revenue Sources A JPA Agreement A Marin County Open Space Financing Authority GRADE: F Overview A Budget Meetings Elected Officials A Administrative Officials Audits 's Contracts Public Records A Revenue Sources A JPA Agreement A Marin Schools Insurance Authority GRADE: C - Overview Budget A Meetings Elected Officials 4 Administrative Officials Audits Contracts A Public Records A 4 Revenue Sources JPA Agreement V Marin Emergency Radio Authority GRADE: B Overview Budget Meetings Elected Officials 4 Administrative Officials Audits Contracts Public Records Revenue Sources JPA Agreement Marin Telecommunications Agency GRADE: B - Overview Budget Meetings Elected Officials Administrative Officials w 4 4 Audits Contracts 4 Public Records Revenue Sources JPA Agreement Marin County Civil Grand Jury Page 40 of 43 2015-16 Marin Web Transparency Report Card APPENDIX M: Marinet Consortium Joint Powers Authority GRADE: F Overview Budget A Meetings Elected Officials A Administrative Officials Audits Contracts Public Records Revenue Sources A JPA Agreement A► Ross Valley Fire Department GRADE: C - Overview Budget Meetings Elected Officials 4 Administrative Officials Audits Contracts Public Records Revenue Sources •r A JPA Agreement A March 10, 2016 Marin Joint Powers Authority Web Transparency Scorecards (cont'd) Mill Valley Financing Authority GRADE: D Overview Budget Meetings Elected Officials 1 Administrative Officials Audits Contracts Public Records .4- Revenue { Revenue Sources 1 JPA Agreement -: Ross Valley Paramedic Authority GRADE: B Overview Budget Meetings Elected Officials 4 Administrative Officials Audits Contracts Public Records 4 - Revenue Sources JPA Agreement Northern CA Comm. Colleges Self Insurance Authority GRADE: F Overview �► Budget �► Meetings �► Elected Officials A Administrative Officials Audits ?► Contracts Public Records A► Revenue Sources JPA Agreement ) San Rafael Joint Powers Financing Authority GRADE: F Overview A Budget ?� Meetings Elected Officials A Administrative Officials Audits Contracts A Public Records A Revenue Sources A JPA Agreement A Novato Public Finance Authority GRADE: F Overview Budget Meetings Elected Officials Administrative Officials Audits Contracts Public Records Revenue Sources 1 A JPA Agreement A Sewerage Agency of Southern Marin GRADE: C Overview w� Budget +�►' Meetings r►' Elected Officials 4 Administrative Officials 4 Audits A Contracts 4 Public Records w Revenue Sources JPA Agreement Richardson Bay Regional Agency GRADE: F Overview Budget Meetings Elected Officials Administrative Officials Audits Contracts Public Records Revenue Sources 4 A JPA Agreement A Southern Marin Emergency Medical - Paramedic System GRADE: B Overview Budget - Meetings Elected Officials 1 Administrative Officials Audits Contracts Public Records Revenue Sources JPA Agreement -3- f Marin County Civil Grand Jury Page 41 of 43 2015-16 Marin Web Transparency Report Card APPENDIX N: Website Creation Software Tools While the Grand Jury did not conduct a comprehensive evaluation of website creation software tools (and do not endorse any particular tool) we wanted to highlight the range of tools currently available to local agencies. At the low-end of the cost spectrum there are a number of free tools to create a website (e.g., Weeblv.com or Wordpress.com). These tools can create a basic functional website with little effort. However, using these tools to create "professional looking" results requires additional graphical and technical skills. Digital Deployment's Streamline (GetStreamline.com) website creation software is designed specifically for California's special districts. Special District Leadership Foundation's web transparency checklist is integrated into the software, making it easy for the user to ensure their agency follows best practices. A district can create a (or migrate an existing) website in a matter of hours. The resulting website's appearance is Americans with Disabilities Act (ADA) compliant28 and it is a responsive design adapting to the website visitor's device (e.g., a smartphone, a tablet, a laptop, etc.). Current annual pricing for Streamline ranges from $600-$6,000 including unlimited technical support, based on the agency's annual budget and California Special District Association (CSDA) membership status. While the transparency dashboard is designed for special districts, Streamline could be used by other types of local agencies. CivicPlus (CivicPlus.com) offers website creation software for municipalities. Currently used by over 2000 agencies throughout the United States, the software promotes ease of use by making an agency's information accessible within two clicks. CivicPlus has over 25 modules that efficiently support an agency's functions, including, Community Connection, Bid Postings, and Citizen Request TrackerTM. CivicPlus' strength is working with agency departments to create a consistent, attractive, and efficient visitor experience. Like Streamline's software, the resulting website is both ADA -compliant and has a responsive design. Pricing for CivicPlus varies based on the number of modules needed, agency size, and scope of work needed, with a one-time upfront payment, and recurring annual pricing ranging from $1,000-$100,000. At the upper -end of the cost spectrum are customized solutions. Creating a modern website that meets government regulations is a specialized skill that requires either hiring a consultant or using an in-house 11' department. Since IT departments are often busy with a myriad of technical challenges, and consultant fees can be high, it is not unusual for an agency's website content to be out-of-date. 28 While federal government organizations must follow web accessibility guidelines under Section 508 of the Workforce Rehabilitation Act of 1973, there is not yet an ADA -compliant requirement for local agency websites. March 10, 2016 Marin County Civil Grand Jury Page 42 of 43 2015-16 Marin Web Transparency Report Card GLOSSARY • Assessment District: A method for financing public improvements. • County Service Area: As defined by California Government Code §25210, allows for residents and property owners in unincorporated areas to finance and provide needed public facilities and services. • Dependent Special District: A special district governed by an existing legislative body (e.g., a city council or board of supervisors). • Independent Special District: A special district governed by an independent board of directors (either elected or appointed by another legislative body). • Joint Powers Agreement: As defined by California Government Code §6503, a legal description of the purpose of the Joint Powers Authority, the power to be exercised, and the method and manner by which it will be accomplished. • Joint Powers Authority: As defined by California Government Code §6500-6537, two or more public authorities that create a new legal entity to jointly work on a common problem (e.g., financing or regional wastewater treatment). • JPA: see Joint Powers Authority. Alternately known as a Joint Powers Agency. • Local Agency: California Government Code §6252 defines a local agency as including "...a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof.." • Municipality: A city or town government. • Principal Act: A generic state law that applies statewide to all special districts of specific type. • Rail District: A special district that provides rail service. is School District: As defined by the United State Census Bureau, "a geographic entity within which state, county, local officials, the Bureau of Indian Affairs, or the U.S. Department of Defense provide public educational services for the area's residents" • Special Act: A law specific to the unique needs of an area. • Special District: As defined by California Government Code §56036, a separate local government with its own governing body that delivers public services to a particular area (e.g., fire protection or sewer maintenance). Special districts can either be independent or dependent. • Transparency: As defined by OpenGovData.ora, data that is: complete, primary, timely, accessible, machine processable, non-discriminatory, non-proprietary, and license -free. • Web Transparency: The presentation of transparency information on an agency's website. March 10, 2016 Marin County Civil Grand Jury Page 43 of 43 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting July 20, 2016 Agenda Item:cr _ J STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Office of the Town Manager Recommendation to Approve Execution of a Joint Powers Agreement for Hazardous Materials Spill Management BACKGROUND In 1982, Marin County cities and Towns, and the County of Marin decided to manage Hazardous Materials incidents through a Joint Powers Agreement (JPA) which is governed by the Marin County Fire Chiefs Association. The JPA obtains funding from the participating signatory agencies, including Marin cities, towns, fire departments, and fire districts. Member agencies set policy, approve budgets and provide vision to the management and leadership of the Hazardous Materials Response Team (HMRT) through the Marin County Fire Chiefs Association. The HMRT consist of trained personnel from the signatory fire agencies and Marin County Sheriffs Office; and includes a compliment of apparatus, equipment and trained technicians and specialists. The JPA provides funding for apparatus, equipment, training, medical monitoring and personal protective equipment. In addition to contribution by signatory agencies, the HMRT has been very successful in receiving grant funding. The grant funding has provided for training, equipment, and the purchase of a dedicated hazardous materials response vehicle. The HMRT also seeks cost recovery from the responsible party of a hazardous materials incident. The frequency, type, and complexity of hazardous materials incidents have changed considerably since the JPA was first created in 1982. Today the HMRT consists of over 30 members, from 12 fire agencies and the Marin County Sherriffs Office. The HMRT is in the final stages of being recognized by Cal OES as a Type 1 Team. A Type 1 Team provides the highest level of response capability identified by Cal OES. ANALYSIS The most recent Joint Powers Agreement for Hazardous Materials Spills Management was finalized in 2005. Prior to its expiration in 2015, upon the request of the Marin County Fire Chiefs Association, a one-year extension was approved. The one-year extension provided an opportunity for review of the Agreement to make any necessary changes and improvements. TOWN OF TIBURON PAGE 1 OF 2 Town Council Meeling July _0.2016 In addition to the review and updating of the Joint Powers Agreement, the Marin County Fire Chiefs reviewed the overall operations and management of the Hazardous Materials Response Team (HMRT), including the HMRT's mission, goals, capabilities, and the current and future needs of the Team. The proposed Agreement is for a 10 -year term and includes 18 signatory agencies. It can be terminated upon written notice to all the parties 90 days prior to the end of the fiscal year. The review and updating of the agreement has resulted in general language clean-up throughout the document, including additional wording for clarification purposes. Changes also include: • Updates to the components of response capability and procedures • Additional wording for cost recovery and grant funding • Updates to the cost sharing section to address the recent fire department mergers • Expanded wording for the duties of the fiscal agent • Requiring approval of two-thirds (2/3) of the signatory agencies for JPA amendments. FINANCIAL IMPACT The current signatory agency contribution total is $75,000 annually. As a result of a financial review, the Marin County Fire Chiefs are requesting to increase the total annual contribution for Fiscal Year 2016-17 to $85,000. The last contribution increase was in Fiscal Year 2013-14. Following the Fiscal Year 2016-17 increase, the intent is to limit the annual increases to no more than 5% through Fiscal Year 2019-20. The increases are based on analysis of current and future needs. In order to reduce future contribution increases, the Fire Chiefs will be seeking grant funding to replace hazardous materials identification equipment which is now beyond its useful life. The amount of the annual contribution for each agency is based on population (see page 7 of the proposed agreement). Based upon this formula, the Town's pro rata share of the contribution under the new agreement is 3.3%, or $2,250, for Fiscal Year 2016-17. RECOMMENDATION The proposed Joint Powers Agreement for Hazardous Materials Spills Management provides for the continuation of cost effective hazardous materials response by coordinating the management of and the response to hazardous materials incidents throughout the County. Staff recommends that the Town Council approve and authorize signature of a Joint Powers Agreement for Hazardous Materials Spills Management, effective July 1, 2016. Exhibits: 1. Proposed agreement, dated July 1, 2016 2. Red -lined version of 2005 agreement Prepared by: Diane Crane Iacopi, Town Clerk Cc`bv.N 17r;T ,:.>N r- zc2o[2 JOINT POWERS AGREEMENT FOR HAZARDOUS MATERIALS SPILLS MANAGEMENT THIS AGREEMENT ("Agreement"), is made and entered into as of the 1st day of July 2016, by and between the following public agencies: Cities/Towns of Novato, San Rafael, San Anselmo, Fairfax, Ross, Mill Valley, Belvedere, Tiburon, Sausalito, Corte Madera, Larkspur; County of Marin; Kentfield Fire Protection District; Novato Fire Protection District; Southern Marin Fire Protection District; Tiburon Fire Protection District; Ross Valley Fire Department and Marinwood Community Services District. RECITALS This Agreement is predicated upon the following facts: 1. Each of the parties to this Agreement is a "Public Agency" as the tern is defined in California Govermnent Code Section 6500 and is authorized to enter into Joint Powers Agreements. 2. The parties are responsible for maintenance of public safety and/or fire protection within their respective jurisdiction within the County of Marin, State of California. 3. Pursuant to Government Code Section 6500 et. seq. commonly known as the Joint Exercise of Powers Act, two or more public agencies may by agreement jointly exercise any power common to the contracting parties. 4. Marin public agencies first entered into an agreement in 1982 for the purposes of coordinating management and response to hazardous materials spills. The current agreement is set to expire on June 30, 2016. 5. Each of the parties desires to enter into a new agreement with each of the other parties for the purposes of coordinating management of and response to hazardous materials spills, establishing a formula for financing joint expenses for such management and response, and defining signatory agency responsibilities. NOW THEREFORE, in consideration of mutual benefits, covenants and agreements set forth herein, the parties agree as follows: Page 1 of 9 Haz-Mat Spills Management 5.25.16 SECTION 1 Definitions These definitions shall include any subsequent amendments, deletions or additions to the below mentioned statutes. A. Hazardous Materials Spill A hazardous materials spill means an incident or potential incident, which threatens public health or safety involving the unsafe release of a hazardous substance or hazardous waste as defined below. A hazardous substance or hazardous waste means an substance or product for which the manufacturer or producer is required to produce a material safety data sheet prepared pursuant to Section 6390 of the California Labor Code or pursuant to the regulations of the Occupational Safety and Health Administration of the U.S. Department of Labor, or pursuant to the Hazardous Substances Information and Training Act (commencing with Section 6360, Chapter 2.5, part 1 of Division 5 of the California Labor Code), or pursuant to any applicable State of Federal law or regulation; any substance or product which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, maintained and updated by the Nuclear Regulatory Commission; or any substance or product defined as hazardous or extremely hazardous waste by Sections 25115 or 25117 of the California Health and Safety Code and set forth in Sections 66680 and 66685 of Title 22 of the California Code of Regulations. Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, ejecting, escaping, leaching, dumping, or disposition into the environment. Any material may be added to the list of hazardous materials set forth by applicable State of Federal law or regulation upon a finding by the County Health Officer that it is a material which, because of its quantity, concentration, physical, or chemical characteristics, poses significant present or potential danger to human health and safety or to the environment if released into the environment. B. Incident Commander Incident Commander is the individual responsible for the overall management of the incident and is usually from the agency with jurisdiction over the area in which the incident occurred or as designated by such agency. Page 2 of 9 Haz-Mat Spills Management 5.25.16 C. Unified Command Unified Command is a unified command effort which allows all agencies with responsibility for the incident, either geographical or functional, to manage an incident by establishing a set of common objectives and strategies. SECTION 2 Authority and Purpose A. The purpose of this Agreement is to establish a specially trained capability for the expeditious and economical response to a hazardous materials spill or potential release on public and/or private property within the signatories' jurisdictions. B. The components of this specialized response capability shall consist of; 1. Hazardous Materials Response Team (HMRT) — The HMRT consists of trained fire service personnel from the signatory agencies and Marin County Sheriff's Office, and includes a compliment of apparatus, equipment and trained technicians and specialists. The HMRT shall assist in the control and containment of hazards created by releases and potential releases which exceed the capability of the jurisdiction having primary responsibility, and which shall provide consultation on identifying and managing hazardous materials releases or potential releases in a manner consistent with all local, state and federal laws and regulations regarding such releases. 2. Support Team — The Support Team consists of trained fire service personnel from the signatory agencies to support the HMRT operating in hazardous environments. The Support Team is restricted from operating within or inunediately adjacent to chemical environments where hazardous materials emergency response teams would normally operate. The Support Team normally performs activates such as rescue standby, decontamination, and logistical support, under the direction of the Decon Leader. C. The fiscal agent shall have the authority to collect response related costs on behalf of signatory agencies. Signatory agencies may also collect their response related costs directly from the responsible party. D. The fiscal agent shall have the authority, on behalf of the signatory agencies, to apply for, receive, and distribute grants from public or private agencies for the purposes set forth in this Agreement. Page 3 of 9 Haz-Mat Spills Management 5.25.16 SECTION 3 Term of Agreement A. Except as provided below, the term of this Agreement shall be for ten years, beginning on July 1, 2016 and terminating on June 30, 2026. A signatory agency may withdraw upon giving at least ninety (90) days written notice prior to the end of the fiscal year, effective as of the start of the next fiscal year, to all the other parties to the Agreement. B. Each party to this Agreement certifies that it intends to and does contract with all other parties who are signatories of this Agreement. Each party to this Agreement also agrees that the withdrawal of any party from this Agreement shall not affect this Agreement or such remaining party's intent to contract as described herein, with the other then remaining parties to the Agreement other than to alter the pro rata share of costs. SECTION 4 Operational Responsibilities A. As soon as practical upon determining that a hazardous materials release or potential release has occurred, the public safety unit first arriving on scene shall: 1. Immediately isolate the scene, deny access to the scene and seek to protect people and/or livestock in the general vicinity. 2. Notify the Marin County Public Safety Communications Center (County Communications) of the location of the incident and affected area, the type of incident (traffic accident, pipe breakage, etc.), the type and quantity of hazardous material or the characteristics of the material if its type is unknown, safe and unsafe routes to the scene, and request immediate notification of the HMRT. B. Upon notification of a hazardous materials release, County Communications will contact the Marin County Fire Department ECC for dispatch of the HMRT and such other resources as called for by the protocol of the jurisdiction in which the spill occurs. (The California Highway Patrol has jurisdiction over State highways.) C. For each incident, command responsibility shall be delegated according to applicable State law. Where State law does not designate responsibility, each signatory city and County shall specify in writing to the HMRT at regular intervals command Page 4 of 9 Haz-Mat Spills Management 5.25.16 authority for incidents within its jurisdiction. The incident commander may request additional assistance as he or she deems necessary to restore public health and safety. D. When the HMRT determines that specialized resources may be required to mitigate the release or assist with clean-up, the HMRT shall provide the Incident Commander with the contact information for such resources. E. After an incident is under control, as determined by the Incident Commander, the following clean-up protocol shall be followed. First, a reasonable attempt shall be made to give the person(s) responsible for the incident adequate notice and opportunity to remove the hazardous substance. If, in the judgment of the Incident Commander, such opportunity has been adequately provided, considering the conditions, the Incident Commander may authorize additional clean-up operations be carried out, if appropriate, by (1) the City/Town Public Works Department in which the incident occurred, (2) County Public Works for incidents in the unincorporated area, (3) California Department of Transportation for incidents on a State highway, or (4) a licensed Hazardous Waste Clean-up Contractor. The Incident Conunander may authorize such additional clean-up arrangements determined to be appropriate for the restoration of public health and safety and for nuisance abatement. Clean-up of private property beyond these requirements shall be the responsibility of the property owner under the auspices of the County Health Officer. F. Signatory agencies shall cooperate with such incident protocols as this Agreement may require. SECTION 5. Resource Inventory A. The signatory agencies agree to fund apparatus, equipment, training, medical monitoring, and personal protective equipment as may be required by the fiscal agent specified in Section 6E to meet state and federal OSHA regulations pertaining to hazardous materials release response. B. Each signatory agency shall provide the HMRT, when requested, with available information concerning the storage location and use of hazardous materials in its jurisdiction for reference by the HMRT. Page 5 of 9 Haz-Mat Spills Management 5.25.16 SECTION 6. Financing A. The principles for allocating responsibility for costs arising from response to a hazardous materials release shall be as follows: 1. Primary responsibility for all extraordinary costs related to such an incident rests with the person(s) responsible for the spill. Damages and expenses incurred by the HMRT shall constitute a debt against the person and/or firm causing the incident and shall be collectable by the fiscal agent specified in Section 6E of this agreement. Expenses, as stated above, shall include, but not be limited to, cost attributable to the use of equipment, personnel committed, and any payments required by the HMRT to outside business firms requested by the HMRT to secure, investigate, and monitor remediation and cleanup of the incident. (See Section 13009.6, California Health and Safety Code.) 2. The State of California is not liable for any such costs unless one of its officers, employees, or agents is a person described in Section 6(A) 1 above; or unless the costs are associated with a spill for which a disaster is declared. 3. Funding sources for activities of the HMRT will consist of contributions made by each party in a manner to be determined by the Marin County Fire Chief's Association as provided in subsection B below. 4. To the extent that signatory agencies are not reimbursed for extraordinary costs of managing an incident or its clean-up, the costs shall be the liability of the jurisdiction in which the spill occurred. B. The fiscal agent shall prepare and submit an annual budget, and any supplemental budget, to the Marin County Fire Chief s Association for approval. Public funds may not be disbursed by the HMRT without adoption of the approved budget, and all receipts and disbursements shall be in strict conformance with the approved budget. Following approval of the budget, and any supplemental budget, the fiscal agent shall invoice each party for its share of the budgeted costs, and payment shall be due to the fiscal agent within 30 days of such invoices. Page 6 of 9 Haz-Mat Spills Management 5.25.16 C. Cost sharing, to support the Hazardous Materials Response Team and to compensate the City of San Rafael for its services as fiscal agent as provided in subsection C below, shall be allocated on a jurisdiction percent of population based on the County of Marin's current census data. Where a Fire District and City share the population, each shall contribute one half of the shared cost. Jurisdiction Percent Population City of Belvedere 1.0 Town of Corte Madera 3.6 County of Marin 11.6 Kentfield FPD 3.0 City of Larkspur 4.8 Marinwood CSD 2.0 City of Mill Valley 5.7 City of Novato 11.65 Novato FPD 11.65 Ross Valley FD* 10.5 City of San Rafael 21.0 Southern Marin FPD** 9.2 Town of Tiburon 3.3 Tiburon FPD 1.0 Total 100% * Ross Valley FD percentage share includes Ross, San Anselmo, and Fairfax. ** Southern Marin FPD percentage share includes Sausalito. D. Any non -participatory agency shall be responsible for all costs incurred by the Hazardous Materials Response Team. E. The City of San Rafael is designated to be the fiscal agent of the parties under this Agreement, with the following functions, for which the City of San Rafael shall be reasonably compensated by the parties: 1. Serve as the depository and have custody of all funds from whatever source and establish and maintain such books, records, funds, and accounts as may be required by reasonable accounting practices. 2. Ensure that the disbursement of funds is in strict confonnance with the adopted budget. Page 7 of 9 Haz-Mat Spills Management 5.25.16 3. Provide an annual financial report on a fiscal year basis, and such other financial reports as may be requested by the Marin County Fire Chief's Association. 4. Administer cost recovery procedures for the collection of response related expenses and damages. 5. Serve as the financially responsible party for all grants. SECTION 7. Amendment Amendments to this Agreement may be made by the approval of two-thirds (2/3) of the governing boards of the then signatory agencies. SECTION 8. Notices Except as provided in Section 3 for notices of withdrawal from this Agreement, all notices required or given pursuant to this Agreement shall be made by depositing same in the U.S. mail, postage paid, and addressed as follows: Hazardous Materials Response Team, c/o City of San Rafael Fire Department, P.O. Box 151560, San Rafael, CA 94915. SECTION 9. Hold Harmless Each party shall indemnify and hold each other party harmless from and against all loss, cost, expense (including attorney's fees and expert witness fees), actions or liability occasioned by or arising out of the negligent acts, or negligent failure to perform under the authority of this Agreement by each party's employees or its agents or contractors. The tort liability of the parties shall be controlled by the provisions of Government Code Division 3.6, Section 810 et seq. Page 8 of 9 Haz-Mat Spills Management 5.25.16 SECTION 10. Entire Agreement This JPA sets forth the entire Agreement between the parties with respect to content addressed herein and supersedes all prior agreements, communications, and representations, oral or written, express or implied, since the parties intend that this be an integrated Agreement. SECTION 11. Execution in Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Faxed and scanned signature pages shall be treated as valid as the originals. IN WITNESS WHEREOF, the parties have executed this Joint Powers Agreement as of the day and year first above written. AGENCY: By: ATTEST: Page 9 of 9 Haz-Mat Spills Management 5.25.16 JOINT POWERS AGREEMENT FOR HAZARDOUS MATERIALS SPILLS MANAGEMENT THIS AGREEMENT ("Agreement"), is made and entered into as of the this 1l s` day of ,July 24052016, by and between the following public agencies: Cities/Towns of Novato, San Rafael, San Anselmo, Fairfax, Ross, Mill Valley, Belvedere, Tiburon, Sausalito, Corte Madera_ and Larkspur; County of Marin; Kentfield Fire Protection District; Novato Fire Protection District; Southern Marin Fire Protection District; Tiburon Fire Protection District; Ross Valley Fire Service Department and Marinwood Community Services District. RECITALS This aAgreement is predicated upon the following facts: 1. Each of the parties to this Agreement is a "Public Agency" as the term is defined in California Government Code Section 6500 and is authorized to enter into Joint Powers Agreements. 2. The parties are responsible for maintenance of public safety and/or fire protection within their respective jurisdiction within the County of Marin, State of California. 3. Pursuant to Government Code Section 6500 et. seq. commonly known as the Joint Exercise of Powers Act, two or more Ppublic agencies may by Agreement jointly exercise any power common to the contracting parties. ;1-4. Marin public agencies first entered into an agreement in 1982 for the purposes of coordinating management and response to hazardous materials spills. The current agreement is set to expire on June 30. 2016. 4 5. Each of the parties desires to enter into an -a new agreement with each of the other parties for the purposes of coordinating management of and response to hazardous materials spills, establishing a formula for financing joint expenses for such management and response, and defining signatory agency responsibilities. NOW THEREFORE, in consideration of mutual benefits, covenants and agreements set forth herein, the parties agree as follows: Page 1 of 10 Haz-Mat Spills Management 5.25.16 SECTION 1 Definitions These definitions shall include any subsequent amendments, deletions or additions to the above below mentioned statutes. A. Hazardous Materials Spill A hazardous materials spill means an incident or potential incident, which threatens public health or safety involving the unsafe release of a hazardous substance or hazardous waste as defined below. A hazardous substance or hazardous waste means an substance or product for which the manufacturer or producer is required to produce a material safety data sheet prepared pursuant to Section 6390 of the California Labor Code or pursuant to the regulations of the Occupational Safety and Health Administration of the U.S. Department of Labor, or pursuant to the Hazardous Substances Information and Training Act (commencing with Section 6360, Chapter 2.5, part 1 of Division 5 of the California Labor Code), or pursuant to any applicable State of Federal law or regulation; any substance or product which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B, maintained and updated by the Nuclear Regulatory Commission; or any substance or product defined as hazardous or extremely hazardous waste by Sections 25115 or 25117 of the California Health and Safety Code and set forth in Sections 66680 and 66685 of Title 22 of the California Code of Regulations. Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, ejecting, escaping, leaching, dumping, or disposition into the environment. Any material may be added to the list of hazardous materials set forth by applicable State of Federal law or regulation upon a finding by the County Health Officer that it is a material which, because of its quantity, concentration, physical, or chemical characteristics, poses significant present or potential danger to human health and safety or to the environment if released into the environment. B. Incident Commander Incident Commander is the individual responsible for the overall management of the incident and is usually from the agency ii -with jurisdiction over the area in which the incident occurred or as designated by such -the agency. Page 2 of 10 Haz-Mat Spills Management 5,25.16 C. Unified Command Unified Command is a unified command effort which allows all agencies with responsibility for the incident, either geographical or functional, to manage an incident by establishing a set of common objectives and strategies. SECTION 2 Authority and Purpose A. The purpose of this aAgreement is to establish a specially trained capability for the expeditious and economical response to a hazardous materials spill or potential release on public and/or private property within the signatories' jurisdictions. B. The components of this specialized response capability shall consist of 1. Hazardous Materials Response Team (HMRT) — The HMRT consists of a designated unit of the San Rafael Fire Department and trained fire service personnel from the signatory agencies and Marin County Sheriff's Office, and includes hereinafter referred to as the Hazardous Materials Response T am (HMRT). The HMRT consists of a compliment of apparatus, equipment and trained technicians and specialists. The HMRT shall assist in the control and containment of hazards created by releases and potential releases which exceed the capability of the jurisdiction having primary responsibility, and which shall provide consultation on identifying and managing hazardous materials releases or potential releases in a manner consistent with all local, state and federal laws and regulations regarding such releases. 2. A County of Marin Hazardous Materials Management Team, consisting of representatives of the Marin County Firc Department, Office of Emergency Services, District Attorney, Sheriff, H alth Department and Department of Public Works, shall be dispatched to the incident by County Communications when requested by the Support Team — The Support Team consists of trained fire service personnel from the signatory agencies to support the HMRT operating in hazardous environments. The Support Team is restricted from operating within or immediately adjacent to chemical environments where hazardous materials emereencv response teams would normally operate. The Support Team normally performs activates such as rescue Page 3 of 10 Haz-Mat Spills Management 5.25.16 standby, decontamination. and logistical support. under the direction of the Decon Leader. C. The fiscal agent shall have the authority to collect response related costs on behalf of signatory agencies. Signatory agencies may also collect their response related costs directly from the responsible party. D. The fiscal agent shall have the authority. on behalf of the signatory agencies. to apply for, receive. and distribute grants from public or private agencies for the purposes set forth in this Agreement. SECTION 3 Terms of Agreement A. Except as provided below, the term of this Agreement shall be for ten years, beginning on July 1, 2005 2016 and terminating on June 30, 20152026. A signatory agency may withdraw upon giving at least ninety (90) days' written notice prior to the end of the fiscal year. effective as of the start of the next fiscal year. to all the other parties to the Agreement. adoption of budget with written notice to all of the then parties. B. Each party to this Agreement certifies that it intends to and does contract with all other parties who are signatories of this Agreement. Each party to this Agreement also certifies agrees that the deletion withdrawal of any party from this Agreement shall not affect this Agreement nor the such remaining such party's intent to contract as described above herein, with the other then remaining parties to the Agreement other than to alter the pro rata share of costs. SECTION 4 Operational Responsibilities A. As soon as practical upon determining that a hazardous materials release or potential release has occurred, the public safety unit first arriving on scene shall: 1. Immediately isolate the scene, deny access to the scene and seek to protect people and/or livestock in the general vicinity. 2. Notify the Marin County Public Safety Communications Center (County Communications) -of the location of the incident and affected area, the type of Page 4 of 10 Haz-Mat Spills Management 5.25.16 incident (traffic accident, pipe breakage, etc.), the type and quantity of hazardous material or the characteristics of the material if its type is unknown, safe and unsafe routes to the scene, and a request immediate notification- of to have the Hazardous Materials Response TeaFaHMRT immediately requested. B. Upon notification of a hazardous materials release, County Communications will contact the San Rafael Fire Department Marin County Fire Department ECC for dispatch of the Hazardous Materials Response TeamHMRT and such other resources as called for by the protocol indicates of the jurisdiction in which the spill occurs. (The California Highway Patrol has jurisdiction over State highways.) C. For each incident, command responsibility shall be delegated according to applicable SateState law. Where State law does not designate responsibility, each signatory city and County shall specify in writing to the Haz Mat HMRTResponse Team at regular intervals command authority for incidents within its jurisdiction. The incident commander may request additional assistance as he or she deems necessary to restore public health and safety. D. When the Hazardous Materials Response Team HMRT determines that specialized resources may be required to mitigate the release or assist with clean-up, the HMRT shall provide the Incident Commander with the contact information for such resources.shall be advised and provided with the agencies that should be notified. E. After an incident is under control, as determined by the Incident Commander, the following clean-up protocol shall be followed. First, a reasonable attempt shall be made to give the person(s) responsible for the incident adequate notice and opportunity to remove the hazardous substance. If, in the judgment of the Incident Commander, such opportunity has been adequately provided, considering the conditions, the Incident Commander may authorize such additional clean-up operations be carried out, if appropriate, by (1) the City/Town Public Works Department in which the incident occurred, (2) County Public Works for incidents in the unincorporated area, (3) California Department of Transportation Cal Trans for incidents on a State highway, or (4) a licensed Hazardous Waste Clean-up Contractor. The Incident Commander may Page 5 of 10 Haz-Mat Spills Management 5.25.16 authorize such additional other clean-up arrangements deemed determined to be appropriate for the restoration of public health and; safety and for nuisance abatement. Clean-up of private property beyond these requirements shall be the responsibility of the property owner under the auspices of the County Health Officer. F. Signatory agencies shall cooperate with such incident protocols as this aAgreement may require. G- Decon Engine Companies are a special resource staffed Type 1 Engine Engine Companies within the county. This resource is not normally dispatched at the time of requesting the HIVIRT. H. Special Ops Trailers arc a special resource. There are three (3) Decon time of requesting the HMRT. SECTION 5. Resource Inventory A. The signatory agencies agree to fund apparatus, equipment, training, medical monitoring, and personal protective equipment as may be required by the fiduciary fiscal agent specified in Section 6E to meet state and federal OSHA regulations pertaining to hazardous materials release response. B. Each signatory agency shall provide the HMRT. when requested. with available information concerning participant to the Agreement shall obtain from their Administrative Agency documentation disclosing the storage location and use of hazardous materials in omits jurisdiction for reference by the Hazardous Material Response TcnmHMRT. SECTION 6. Financing A. The principles for allocating cost responsibility for costs arising from response to a hazardous materials release management shall be as follows: 1. Primary responsibility for all extraordinary costs related to such an incident rests with the person(s) responsible for the spill. Damages and expenses incurred by the Hazardous Materials Response TcamHMRT shall constitute a debt Page 6 of 10 Haz-Mat Spills Management 5.25.16 against the person and/or firm causing the incident and shall be collectable by the fiduciary fiscal agent specified in Section 6C 6E of this agreement. Expenses, as stated above, shall include, but not be limited to, cost attributable to the use of equipment, personnel committed, and any payments required by the Hazardous Materials Response TeamHMRT to outside business firms requested by the Team HMRT to secure, investigate, and monitor remediation and cleanup of the incident. (SeeReference Section 13009.6, California Health and Safety Code. 2. The State of California is not liable for any such costs unless one of its officers, employees, or agents is a person described in Section 6(A) 1 above; or unless the costs are associated with a spill for which a disaster is declared. 3. Funding sources for activities of the Atther-ityHMRT will consist of contributions made by each party in a manner to be determined by the Marin County Fire Chief's Association as provided in subsection B below. 4. To the extent that signatory agencies are not reimbursed for extraordinary costs of managing an incident or its clean-up, the costs shall be the liability of the jurisdiction in which the spill occurred. 5.B. The Hazardous Materials Response Teamfiscal agent shall prepare and submit an proposed annual budget, ander any supplemental budget, shall be Submitted to the Marin County Fire Chief's Association for approval in the time and manner as specified. Public funds may not be disbursed by the Hazardous Materials Response TeamHMRT with -out adoption of the approved budget, and all receipts and disbursements shall be in strict conformance with the approved budget. Following approval of the budget, and any supplemental budget. the fiscal agent shall invoice each party for its share of the budgeted costs. and payment shall be due to the fiscal agent within 30 days of such invoices. BC. Cost sharing, to support the Hazardous Materials Response Team and to compensate the City of San Rafael for its services as fiscal agent as provided in subsection C below, shall be allocated on a jurisdiction percent of population based on the County of Marin's current census data. Where a Fire District and City share the population, each shall contribute one half of their shared cost. Page 7 of 10 Haz-Mat Spills Management 5.25.16 Jurisdiction Percent Population Alto FPD 2.'1 City of Belvedere 1.0 Town of Corte Madera 3.6 County of Marin 11.6 Kentfield FPD 3.0 City of Larkspur 4.8 Marinwood CSD 2.0 City of Mill Valley 5.7 City of Novato City 20 ,7 11.65 Novato FPD 16 11.65 Ross Valley FD* City of San Rafael Southern Marin FPD* * 9,4- 10.5 21.0 9.2 Town of Sausalito Tamalpais FPD Tiburon City Tiburon FPD 3.1 3.7 3.3 1.0 Total 100% * Ross Valley FD percentage share includes Ross. San Anselmo. and Fairfax. ** Southern Marin FPD percentage share includes Sausalito. D. Any non participatorynon-participatory agency shall be responsible for all costs incurred by the Haz MatHazardous Materials Response Team. E. Pursuant to the requirements of Section 6505.5 of the Government Code The City of San Rafael Fire Department is designated to be the Treasurer, the depository and to have custody of all funds from whatever source fiscaland agent of the parties under this Agreement, with to perform the following functions, for which the City of San Rafael shall be reasonably compensated by the parties: 1. Serve as the depository and have custody of all funds from whatever source and establish and maintain such books. records. funds. and accounts as may be required by reasonable accounting practices. 2. Ensure that the disbursement of funds is in strict conformance with the adopted budget. Page 8 of 10 Haz-Mat Spills Management 5.25.16 3 _ Provide an annual financial report on a fiscal year basis. and such other financial reports as may be requested by the Marin County Fire Chief's Association. 4. Administer cost recovery procedures for the collection of response related expenses and damages. 5. Serve as the financially responsible party for all grants. D. a. Receive and receipt all money for the Hazardous Materials Response Team and place it for credit of the San Rafael Hazardous Material Fund. SECTION 7. Amendment .. - • Amendments to this Agreement may be made by - y the approval of two-thirds (2/3) vote of the governing boards of the then signatory agencies.Marin County Fire Chiefs' Association. SECTION 8. Notices Except as provided in Section 3 for notices of withdrawal from this Agreement. all All notices required or given pursuant to this Agreement shall be made by depositing same in the U.S. mail, postage paid, and addressed as follows: Hazardous Materials Response Team, c/o City of San Rafael Fire Department, 1039 C StrcetP.O. Box 151560, San Rafael, CA 9490194915. SECTION 9. Hold Harmless Each party shall indemnify and hold each other party harmless from and against all loss, cost, expense (including attorney's fees and expert witness fees), actions or liability occasioned by or arising out of the negligent acts, or negligent failure to perform under the authority of this Agreement by each other party's employees or its agents or contractors. The tort liability of the Authority parties shall be controlled by the provisions of Government Code Division 3.6. Section 810 et seq. of the Government Code. Page 9 of 10 Haz-Mat Spills Management 5.25.16 The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. SECTION 10. Entire Agreement This JPA sets forth the entire Agreement between the parties with respect to content addressed herein and supersedes all prior agreements. communications. and representations. oral or written, express or implied, since the parties intend that this be an integrated Agreement. SECTION 11. Execution in Counterparts This Agreement may be executed in one or more counterparts. each of which shall be deemed an original. but all of which together shall constitute one and the same instrument. Faxed and scanned signature pages shall be treated as valid as the originals. IN WITNESS WHEREOF, the parties have executed this Joint Powers Agreement as of the day and year first above written. AGENCY: By: ATTEST: Page 10 of 10 Haz-Mat Spills Management 5.25.16