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HomeMy WebLinkAboutTC Agd Pkt 2016-08-03TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council August 3, 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 Councihnember 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. Blackfield Drive Crossing - Approve award of contract for Blackfield Drive intersection improvements project (Director of Public Works/Town Engineer Barnes) 2. The Ranch JPA- Approve amendments to Joint Powers Agreement between the City of Belvedere and the Town of Tiburon (Town Manager Chanis) 3. Grand Jury Reports - Authorize Town response to Grand Jury Reports on a) The 911 First Responder Referral Program; b) Marin's Hidden Human Sex Trafficking Challenge (Town Manager Chanis) ACTION ITEMS 1. Shoreline Park Event - Consider Special Event Permit application by Tiburon Fire District to stage an event at Shoreline Park on Saturday, October 1, 2016, in conjunction with Fire District Diamond Jubilee (Town Manager Chards) 2. McKegney Green - Receive report from staff on McKegney Green renovation project; review design proposals; direct staff on next action (Town Manager Chanis/ Director of Public Works/Town Engineer Barnes TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests — July 22 Est 29, 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- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere -Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.townoftiburon.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability -related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN OF TIBURON 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 clay 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. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 3, 2016 Agenda Item: f STAFF REPORT To: From: Subject: Mayor and Members of the Town Council Department of Public Works Recommendation to Award the 2016 Blackfield Intersection Crossing Project to Wildcat Engineering Reviewed By: Greg Chanis, Town Manager eo BACKGROUND The 2016 Blackfield Intersection Crossing Project (Project) provides bicycle and pedestrian crossing improvements at the intersection of Blackfield Drive and Tiburon Boulevard. The Project is supported by Safe Routes to School through a grant of $117,000 to design and construct the Project. In the 2015/16 fiscal year, $18,029.68 was spent on design. The Project was included in the 2016/17 Capital Improvement Plan as a Street Improvement Project and funded in the amount of $125,000 for construction, including contingency. The Project consists of removing an existing median island, installing pavement striping and installing signal loop detectors. Bicycle lanes will be painted and safety signage will be installed along both sides of Blackfield Drive from Pamela Court until Tiburon Boulevard and along a portion of Greenwood Cove Drive. The Project was designed by Parisi Transportation Consulting. The engineer's construction estimate was $75,450. Bids for the project were opened on July 6, 2016. The Town received the following three bids: Wildcat Engineering Chrisp Company Massa Construction Co. ANALYSIS $81,078.00 $117,978.00 $142,810.00 Staff has reviewed the low bid submitted by Wildcat Engineering, and believes the low bid to be a fair price. The low bid is $5,628 (7.5%) over the engineer's estimate. This is due to the time of year we bid the project and the availability of striping contractors. Two bidders had to go to Hayward and Sacramento to find available stripers. As a result, the cost of the pavement striping was higher than anticipated. TOWN OF TIBURON PAGE 1 OF 2 I During analysis of the bids, staff discovered the engineer's cost estimate substantially underestimated the amount of asphalt required for the project. This change in quantity does not alter the bid results, but it does require us to provide a larger contingency to account for the additional asphalt that will be required on the project. Using unit bid prices with the actual required asphalt would increase the cost of the low bid from $81,078 to $101,385. However, there is a provision in the contract that requires negotiating the cost when such a large difference occurs, and staff is confident we will negotiate a reasonable change unit cost. Given the potential variability in the cost, staff is recommending that $109,500 be allocated to the project to cover the unit cost of the increased asphalt and 10% contingency on the bid. This would still be under the $125,000 allocated to the project in the approved 2016-2017 CIP budget. FINANCIAL IMPACT The 2016 Blackfield Crossing Improvement Project was included in the 2016/17 Capital Improvement Plan as a Street Improvement Project and funded in the amount of $125,000, including contingency. The recommended award is well within the CIP project budget. RECOMMENDATION Staff recommends that the Town Council: Approve the award of contract for the 2016 Blackfield Intersection Crossing Project to Wildcat Engineering in the amount of $81,078, with total funding, including contingency, of $109,500. Prepared by: Patrick Barnes, Town Engineer TOWN OF TIBURON PAGE 2 OF 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 3, 2016 Agenda Item: cc STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Town Manager C sideration of Amended Joint Powers Agreement for Belvedere -Tiburon Joint sideration Committee BACKGROUND The Town of Tiburon (Town) and City of Belvedere (City) have been parties to the Belvedere - Tiburon Joint Recreation Joint Powers Authority (JPA) since its formation in 1975. The JPA is governed by the Belvedere -Tiburon Joint Recreation Committee (Committee) comprised of members appointed by the Town and City, as well as an "at -large" member from the Reed Unified School District. The original Joint Powers Agreement ("Agreement") called for the City and Town to share any obligation of the Committee 25% Belvedere, 75% Tiburon. That split was to be revised periodically to reflect the ratio between the populations of the parties. The 2014 population in Belvedere and Tiburon (as reported on the website city-data.com) is as follows: Belvedere: 2,129 18.75% Tiburon: 9,224 81.25% 11,353 Last year, Belvedere City Councilors Bob McCaskill and Sandy Donnell met with Tiburon council members Jim Fraser and Emmett O'Donnell, and the City and Town Manager, to discuss the issue and review the Agreement. The Committee has also reviewed the amended Agreement. ANALYSIS The Agreement has been amended to provide that obligations of the Committee, approved by both City and Town, are to be shared 20% Belvedere and 80% Tiburon. Other terms and conditions of the Agreement have been updated to clarify procedures and strengthen protections for the City and Town as follows: • Added a provision requiring the Committee to insure itself from loss, liability or claims arising out of the Agreement. The Committee must also indemnify the City and Town. TOWN OF TYBURON PAGE 1 OF 2 Town Council Meeting August 3, 2016 • Acknowledges current practice of the Committee appointing the "at -large" member without seeking approval of City and Town. • Changes term of office of Committee members from two years to four years. (Term of City and Town Council appointees is determined by their respective Councils.) • Clarifies that debts of the Committee are not debts of the City or Town. • Eliminates requirement for Treasurer to obtain public official surety bond (liability insurance will suffice). • Requires annual budget to be presented to City and Town at least 30 days prior to the beginning of the fiscal year, changed from 60 days, to accommodate the Committee's bi- monthly meeting schedule. FINANCIAL IMPACT The fiscal impact of these changes is anticipated to be minimal. RECOMMENDATION Staff recommends the Town Council consider approval of the Amended and Restated Joint Powers Agreement for Belvedere -Tiburon Joint Recreation Committee. Exhibits: Amended Joint Powers Agreement — 2016 Draft 2012 Amendment to Joint Powers Agreement 2001 Amended and Restated Joint Powers Agreement Prepared by: Greg Chanis, Town Manager TOWN OF TIBURON PAGE 2 OF 2 AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR BELVEDERE-TIBURON JOINT RECREATION COMMITTEE This Agreement made and entered into this July , 2016, by and between the City of Belvedere (hereinafter "Belvedere") and the Town of Tiburon (hereinafter "Tiburon") and pursuant to the provisions of Government Code Section 6500, et seq. relating to joint exercise of powers (the "Act"). RECITALS That in June 23, 1975, Belvedere and Tiburon entered into a Joint Powers Agreement which established the Belvedere/Tiburon Joint Recreation Committee (hereinafter "Committee"). B. Since that time the Committee has functioned pursuant to the original Agreement as amended in April 11, 1983, September 1, 1992, October 4, 1995, October 8, 2001, and June 12, 2012. C. The parties now wish to again amend and restate the Agreement in its entirety for the Committee. NOW, THEREFORE, the parties hereto do agree as follows: 1. Purpose of Agreement. This Joint Powers Agreement (hereinafter "Agreement") is entered into for the purpose of establishing a Recreation Committee to formulate, administer and operate recreation and education programs and facilities for the residents of Belvedere and Tiburon. 2. Administering Agency. Pursuant to California Government Code Section 6500 et seq., there is hereby created a public entity to administer and execute this Agreement. This agency shall be known as the Belvedere/Tiburon Joint Recreation Committee (hereinafter the "Committee"). 3. Powers of Committee. The Cornrnittee shall take all such steps as it deems advisable and appropriate in its discretion to do the following: (a) Initiate, plan, coordinate, maintain and operate recreation and education programs for the primary benefit of residents of Belvedere and Tiburon. (b) Administer and operate those recreation facilities designated by the parties, such as tennis courts, playing fields, community center and other -such facilities. (c) In addition to programs initiated by the Committee, additional programs may be initiated by either of the parties hereto so long as the program satisfies the provisions of this Agreement. (d) The Committee shall have the power to charge fees for participation in its programs. (e) The Committee shall insure itself and the parties to this Agreement from loss, liability, and claims arising out of or in any way connected with the performance of this Agreement. (0 The Committee shall have the power to appoint or employ officers, employees, and agents or to contract for professional services, as may from time to time appear reasonable and appropriate in the exercise of its powers under this Agreement, and shall do all other acts necessary for the exercise of the express common power and for the purpose specified in Section 1 hereof. The Committee is authorized, in its own name, to do all acts necessary for the exercise of said powers. Notwithstanding the foregoing, the Committee has any additional powers conferred under the Act or under applicable law, insofar as such additional powers may be necessary to accomplish the purposes set forth in Section 1. 4. Membership of Committee. The Committee shall consist of nine (9) members appointed as follows: (a) The Town Council of the Town of Tiburon shall appoint four (4) members to the Committee, one of whom shall be a member of the Town Council. (b) The City Council of the City of Belvedere shall appoint four (4) members to the Committee, one of whom shall be a member of the City Council. (c) A ninth member shall be designated an "at large" member and shall, to the extent possible, be recommended by and a member of the Reed Union School District. 5. Term. The term of office for each member other than Town and City Council members shall be four (4) years. The terms of the members shall be staggered so that no more than four (4) terms expire during any one fiscal year. Members may be reappointed for any number of successive terms at the discretion of the appointing authority. 6. Committee Officers. The Committee shall select a chairperson and vice chairperson whose terms shall run for one (1) year, commencing on the first meeting of the calendar year. The Committee shall hold regular meetings, and special meetings as may be called pursuant to the Bylaws. 7. Bylaws. The Committee shall adopt Bylaws which make provisions for the calling and conduct of meetings, casting of votes, appointment of officers and other matters normally contained in Bylaws, all to be consistent with the Ralph M. Brown Act (Section 54900, et al. of the Government Code) and all other applicable state statutes. S. Debts, Liabilities and Obligations. No debt, liability or obligation of the Committee shall be a debt, liability or obligation of either Tiburon or Belvedere. 9. Treasurer and Controller. Pursuant to the provisions of Government Code Section 6505.6, the Treasurer of the Committee shall be an officer or an employee of the Committee. The Treasurer shall receive and have custody of all monies of the Committee, shall be responsible for the safekeeping and disbursement of all such monies and shall pay all sums due when appropriately presented to the Committee. All withdrawals from the Committee's bank accounts shall be made by check, credit card or online bank transfer approved by an officer or an employee approved by the Committee by resolution. Pursuant to this section, the Treasurer shall cause an independent audit to be made by a certified public accountant, or public accountant in compliance with Section 6505.5. 10. Independent Contractors. The Committee may, within its discretion, contract with independent consultants or individuals to perform administrative and/or operational functions of the Committee. Before entering into any contract with such independent consultants or individuals, the Committee shall have the form of contract to be executed approved by Tiburon and Belvedere. The Committee may in its discretion require independent contractors to provide liability insurance in appropriate amounts. 11. Office Space and Service. The Committee shall pay for services rendered to or on behalf of it or for space or facilities provided to it by the parties at the parties' cost or for that compensation which is agreed to by the Committee and the party rendering the service or providing the space, or facility, whichever is less. 12. Budget. The Committee shall prepare an annual budget using a March 1 through February 28 fiscal year, and to the extent practical said budget shall be submitted to the parties for approval at least thirty (30) days prior to the beginning of the fiscal year. 13. Liability of Committee and Committee Members Employees and Independent Contractors. During the term of this Agreement, the Committee will be responsible for the defense and indemnity of any claims arising on account of bodily injury, including death therefrom or property damage suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activity of the Committee, and its members, employees or independent contractors if said act or activities occurs in the course of representing the Committee or performing the duties of the Committee. This protection shall also include the costs of defending any such Committee member, employee, or independent contractor. Notwithstanding the above, the Committee may in its discretion require independent contractors to indemnify, defend and hold harmless the Committee and the parties to this Agreement. 14. Assumption of Liability of Committee. Pursuant to Government Code section 895.4, the parties agree that the Committee shall be solely liable for any damages or liabilities arising out of the performance of this Agreement and shall indemnify, defend and hold harmless Tiburon and Belvedere. 15. Obligations of Committee. Obligations that both Belvedere and Tiburon agree to fund shall be shared as follows (to be periodically revised to reflect the ratio between the populations of the parties hereto): Belvedere: 20% Tiburon: 80%, 16. Term: Termination. This Agreement shall be for an indefinite term, and may be terminated only by at least sixty (60) days written notice by either party to the other party. 17. Disposition of Assets Upon Termination. While this Agreement is in effect, all property and monies received by the Committee shall be held by the Committee. If this Agreement is terminated as provided for in paragraph 16, all property, both real and personal, shall be disposed of as agreed upon by the parties. All cash on hand at the termination of this agreement shall be returned to the parties in the following ratio: Belvedere: 20% Tiburon: 80% 18. Entire Agreement. This document constitutes the entire agreement between the parties as to the subject matter thereof, and may be altered or amended only by an instrument in writing duly executed by both parties. 19. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors to the parties hereto. 20. Modification or Suspension. In the event State or Federal laws or regulations, enacted after the effective date of this Agreement, prevent or preclude compliance with one or more provisions herein, such provisions shall be modified or suspended as may be necessary to comply with such laws or regulations. 21. Notice Pursuant to Government Code 66503.5. Within 30 days after the execution of this Agreement, the Committee shall cause a notice of the Agreement to be prepared and filed with the office of the Secretary of State, as required by California Government Code 6503.5. 22. Effective Date: Prior Agreement: Severability. This Agreement shall become effective on the first day of the month immediately following adoption of this Agreement by the governing bodies of Belvedere and Tiburon. Upon the effective date hereof, this Agreement shall supersede and replace the prior Joint Powers Agreements, dated June 23, 1975, April 11, 1983, and September 1, 1992, October 4, 1995, October 8, 2001, and June 12, 2012. I do hereby certify that the foregoing Amended and Restated Agreement for Joint Exercise of Powers was approved by the Town Council of the Town of Tiburon on July , 2016. MAYOR, Town of Tiburon TOWN CLERK, Town of Tiburon (Seal) I do hereby certify that the foregoing Amended and Restated Joint Powers Agreement was approved by the City Council of the City of Belvedere on July 11, 2016 (Seal) MAYOR, City of Belvedere CITY CLERK, City of Belvedere AMENDMENT TO THE JOINT POWERS AGREEMENT ESTABLISHING THE BELVEDERE-TIBURON JOINT RECREATION COMMITTEE Executed in counterparts, attached. AMENDMENT TO THE JOINT POWERS AGREEMENT ESTABLISHING THE BELVDERE- TIBURON JOINT RECREATION COMMITTEE This Agreement to amend the Joint Powers Agreement that established the Belvedere -Tiburon Joint Recreation Committee ("Agreement") is entered into by the Town of Tiburon (the "Town") and the City of Belvedere (the "City"), together the "Parties", on this l24day of Tune, 2012. Recitals 1. WHEREAS, the Town and the City created the Belvedere -Tiburon Joint Recreation Committee ("BTJR") pursuant to a Joint Powers Agreement ("SPA") executed in June of 1975 and most recently amended on October 8, 2001. The BTJR's governing board is referenced in the JPA as the "Committee." • 2. WHEREAS, the JPA provides for the Council of each party to appoint three members to the Committee and the BTJR's bylaws further provide that each Council shall designate one of their respective members to act as a liaison to the Committee. 3. WHEREAS, Town and the City wish to amend the JPA and bylaws to provide that, instead of appointing liaisons pursuant to the bylaws, the Council of each party shall appoint one of its members to the Committee. NOW,. THEREFORE, 'in consideration of the mutual covenants and conditions contained -herein; the City and.the Town agree as herein set forth: Agreement 1. Section 4 is hereby amended to provide as follows: 4. Membership of Committee. The Committee shall consist of nine (9) members appointed as follows: (a) The Town Council of the Town of Tiburon shall appoint four (4) members to the Cotrunittee, one of whom shall be a member of the Town Council. (b) The City Council of the City of Belvedere shall appoint four (4) members to the Committee, one of whom shall be a member of the City Council. (c) A ninth member shall be designated an "at large" member and shall, to the extent possible, be recommended by and a member of the Reed Union School. District.. The appointment of the at large member • -:-shall be approved -by -the parties to this Agreement..:; ..i,; b [S R;.- 6 ffD1.W \ d;':1 kMEr u! :Ni -7,111 2. Except as expressly amended by this Amendment, the JPA shall remain in full force and effect. CITY OF BELVEDERE Gerald Butler Mayor APPROVED AS TO FORM: Dated: Dated: • By 1 Dated: Ann R. Danforth, Esq. Town Attorney, Town of Tiburon By Dated: Robert Epstein, Esq. City Attorney, City of Belvedere ATTEST: fi (;) ATTEST: DIANE CRA E IACOPI LESLIE CARPENTIERS TIBURON TOWN CLERK BELVEDERE CITY CLERK 1}kr,f._ c,:i: AMENDMENT TO THE JOINT POWERS AGREEMENT ESTABLISHING THE BELVEDERE-TIBURON JOINT RECREATION COMMITTEE This Agreement to amend the Joint Powers Agreement that established the Belvedere -Tiburon Joint Recreation Committee ("Agreement") is entered into by the Town of Tiburon (the "Town") and the City of Belvedere (the "City"), together the "Parties", on this 12+kday of Jvne,, 2012. Recitals 1. WHEREAS, the Town and the City created the Belvedere -Tiburon Joint Recreation Committee ("BTJR") pursuant to a Joint Powers Agreement ("JPA") executed in June of 1975 and most recently amended on October 8, 2001. The BTJR's governing board is referenced in the JPA as the "Committee." 2. WHEREAS, the JPA provides for the Council of each party to appoint three members to the Committee and the BTJR's bylaws further provide that each Council shall designate one of their respective members to act as a liaison to the Committee. 3. WHEREAS, Town and the City wish to amend the JPA and bylaws to provide that, instead of appointing liaisons pursuant to the bylaws, the Council of each party shall appoint one of its members to the Committee. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City and the Town agree as herein set forth: Agreement 1. Section 4 is hereby amended to provide as follows: 4. Membership of Committee. The Committee shall consist of nine (9) members appointed as follows: (a) The Town Council of the Town of Tiburon shall appoint three (4) members to the Committee, one of whom shall be a member of the Town Council. (b) The City Council of the City of Belvedere shall appoint three (4) members to the Committee, one of whom shall be a member of the City Council. (c) A ninth member shall be designated an "at large" member and shall, to the extent possible, be recommended by and a member of the Reed Union School District. The appointment of the at large member shall be approved by the parties to this Agreement. RELVEDERE-TIBURONJPA AMENDMENT -2012 P:tc:i:1 ort 2. Except as expressly amended by this Amendment, the JPA shall remain in full force and effect. TOWN OF TIBURON James Fraser Mayor CITY_OT -BELV DERE GeralZi dtle Mayor APPROVED AS TO FORM: By Ann R. Danforth, Esq. Town Attorney, To of Tiburon By, w/ Robert Epstei ►. Esq. Attomey, City of Be vedere ATTEST: Dated: Dated: June 11, 2012 Dated: Dated: June 11, 2012 ATTEST: Diane Crane Iacopi -eslie Carpentiers Tiburon Town Clerk Belvedere City Clerk BELVEDERE-TIBURON .TPA AMENDMENT- 2012 PAGE.? oi;2 • • AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR BELVEDERE-TIBURON JOINT RECREATION CONI IITTEE This This Agreement made and entered into this October 8th 2001, by and between the City of Belvedere (hereinafter "Belvedere") and the Town of Tiburon (hereinafter "Tiburon") and pursuant to the provisions of Government Code Section 6500, et seq. relating to joint exercise of powers. RECITALS That in June, 1975, Belvedere and Tiburon entered into a Joint Powers Agreement which established the Belvedere/Tiburon Joint Recreation Committee (hereinafter "Committee"). B. Since that time the Committee has functioned pursuant to the original Agreement as amended in April 1983, September 1, 1992, and October 4, 1995. C. The parties now wish to again amend and restate the Agreement in its entirety to approve a bimonthly meeting schedule for the Belvedere -Tiburon Recreation Committee. NOW, THEREFORE, the parties hereto do agree as follows: 1. Purpose of Agreement. This Joint Powers Agreement (hereinafter "Agreement") is entered into for the purpose of establishing a Recreation Committee to formulate, administer and operate recreation and education programs and facilities for the residents of Belvedere and Tiburon. 2. Administering Aeency. Pursuant to California Government Code Section 6500 et seq., there is hereby created a public entity to administer and execute this Agreement. This agency shall be known as the Belvedere/Tiburon Joint Recreation Committee (hereinafter the "Committee"). 3. Powers of Committee. The Committee shall take all such steps as it deems advisable and appropriate in its discretion to do the following: (a) Initiate, plan, coordinate, maintain and operate recreation and education programs for the primary benefit of residents of Belvedere and Tiburon. (b) Administer and operate those recreation facilities designated by the parties, such as tennis courts, playing fields, community center and other -such facilities. 1 (c) In addition to programs initiated by the Committee, additional programs may be initiated by either of the parties hereto so long as the program satisfies the provisions of this Agreement. (d) The Committee shall have the power to charge fees for participation in its programs. (e) The Committee shall have the power to appoint or employ officers, employees, and agents or to contract for professional services, as may from time to time appear reasonable and appropriate in the exercise of its powers under this Agreement, and shall do all other acts necessary for the exercise of the express common power and for the purpose specified in Section 1 hereof. 4. Membership of Committee. The Committee shall consist of seven (7) members appointed as follows: (a) The Town Council of the Town of Tiburon shall appoint three (3) members to the Committee; (b) The City Council of the City of Belvedere shall appoint three (3) members to the Committee; (c) A seventh member shall be designated an "at large" member and shall, to the extent possible, be recommended by and be a member of the Reed Union School District; The appointment of the at Iarge member shall be approved by the parties hereto. (d) Each member shall be subject to removal and replacement at the pleasure of the appointing government body(ies). 5. Term. The term of office for each member shall be two (2) years. The terms of the members shall be staggered so that no more than four (4) terms expire during any one fiscal year. Members may be reappointed for any number of successive terms at the discretion of the appointing authority. 6. Committee Officers. The Committee shall select a chairperson and vice chairperson whose terms shall run for one (1) year, commencing on the first meeting of the calendar year. The Committee shall hold regular meetings, and special meetings as may be called pursuant to the Bylaws. 7. Bylaws. The Committee shall adopt Bylaws which make provisions for the calling and conduct of meetings, casting of votes, appointment of officers and other matters normally contained in Bylaws, all to be consistent with the Ralph M. Brown Act (Section 54900, et of the Government Code) and all other applicable state statutes. 8. Financial Responsibility. The parties hereto shall be responsible for all obligations incurred b' the Committee in the exercise of its powers. The parties shall share the financial responsibility as follow; (to be periodically revised to reflect the ratio between the populations between the parties hereto): Belvedere: 25% Tiburon: 75% 9. Treasurer and Controller. Pursuant to the provisions of Government Code Section 6505.6, the Treasurer of the Committee shall be an officer or an employee of the Committee. The Treasurer shal receive and have custody of all monies of the Committee, shall be responsible for the safekeeping ant disbursement of all such monies and shall pay all sums due when appropriately presented to the Committee. All withdrawals from the Committee's bank accounts shall be made by check approved by ar officer or an employee approved by the Committee by resolution. Pursuant to this section, the Treasure] shall cause an independent audit to be made by a certified public accountant, or public accountant it compliance with Section 6505.5. The Treasurer shall obtain a public official surety bond. The premiurr for this bond shall be paid by the Committee. 10. Independent Contractors The Committee may, within its discretion, contract with independen consultants or individuals to perform administrative and/or operational functions of the Committee Before entering into any contract with such independent consultants or individuals, the Committee shalt have the form of contract to be executed approved by Tiburon and Belvedere. The Committee may in it; discretion require independent contractors to provide liability insurance in appropriate amounts. 11. Office Space and Service. The Committee shall pay for services rendered to or on behalf of it o] for space or facilities provided to it by the parties at the parties' cost or for that compensation which is agreed to by the Committee and the party rendering the service or providing the space, or facility. whichever is less. 12. Supervision of Committee. Each of the parties hero shall designate one member of its governing body to serve as an advisor and liaison between the Committee and the parties. If emergencies arise which must be dealt with by the parties prior to a scheduled meeting of the governing bodies of the parties, the Committee shall immediately contact the advisors and their decision shall be final. 13 Budget. The Committee shall prepare an annual budget using a March 1 through February 2E fiscal year, and to the extent practical said budget shall be submitted to the parties for approval at leas] sixty (60) days prior to the beginning of the fiscal year. 3 14. Liability of Committee and Committee Members. Employees and Independent Contractors. During the term of this Agreement, the parties agree to be liable for damages on account of bodily injury, including death there from or property damage suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activity of the Committee, and its members, employees or independent contractors if said act or activities occurs in the course of representing the Committee or performing the duties of the Committee. This protection shall also include the costs of defending any such Committee member, employee, or independent contractor. Notwithstanding the above, the Committee may in its discretion require independent contractors to indemnify, defend and hold harmless the Committee and the parties to this agreement. Any liability incurred shall be shared as follows (to be periodically revised to reflect the ratio between the populations of the parties hereto): Belvedere: 25 % Tiburon: 75% 15. Liability for Obligations of Committee. The parties shall be liable for the debts and obligations of the Committee as follows (to be periodically revised to reflect the ratio between the populations of the parties hereto): Belvedere: 25 % Tiburon: 75% 16. Term: Termination. This Agreement shall be for an indefinite term, and may be terminated only by at least sixty (60) days written notice by either party to the other party. 17. Disposition of Assets Upon Termination. While this Agreement is in effect, all property and monies received by the Committee shall be held by the Committee. If this Agreement is terminated as provided for in paragraph 16, all property, both real and personal, shall be disposed of as agreed upon by the parties. All cash on hand at the termination of this agreement shall be returned to the parties in the following ratio: Belvedere: 25 % Tiburon: 75% 18. Entire Agreement. This document constitutes the entire agreement between the parties as to the subject matter thereof, and may be altered or amended only by an instrument in writing duly executed by both parties. 4 19. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors to the parties hereto. 20. Modification or Suspension. In the event State or Federal laws or regulations, enacted after the effective date of this Agreement, prevent or preclude compliance with one or more provisions herein, such provisions shall be modified or suspended as may be necessary to comply with such laws or regulations. 21. Notice Pursuant to Government Code 66503.5. Within 30 days after the execution of this Agreement, the Committee shall cause a notice of the Agreement to be prepared and filed with the office of the Secretary of State, as required by California Government Code 6503.5. 22. Effective Date: Prior Agreement: Severability. This Agreement shall become effective on the first day of the month immediately following adoption of this Agreement by the governing bodies of Belvedere and Tiburon. Upon the effective date hereof, this Agreement shall supersede and replace the prior Joint Powers Agreements, dated June 23, 1975, April 11, 1983, and September 1, 1992 and Octobei 4, 1995. 5 I do hereby certify that the foregoing Amended and Restated Agreemer r ,$oin xscstsoetof Powers was approved by the Town Council of the Town of Tiburon on MAYOR, Town of Tiburon AAS TH4 134?soiti TOWN CLERK, Town of Tiburon �r4rtlE C,Q,4Ne Cd T (Seal) I do hereby certify that the foregoing Amended and Restated Joint Powers Agreement was approved by the City Council of the City of Belvedere on October 8, 2001 6 MAYO ' ity of Belvedere isas71(,/ TOWN CLERK, C of Belvedere BYLAWS BELVEDERE-TIBURON JOINT RECREATION COWLIVIITTEE ARTICLE I OFFICES PRINCIPAL OFFICE. The Board shall fix the location of the principal office of the committee at any place within the city or town limits of Belvedere or Tiburon. ARTICLE II SECTION 1 - Number of Members The Committee shall consist of seven (7) members, three of whom shall be appointed by the Town or Tiburon, three of whom shall be appointed by the City of Belvedere, and a seventh member shall be designated an "at large" member and shall, to the extent possible, be recommended by and be a member of the Reed Union School District Board of Trustees. The appointment of the At Large Member shall be approved by the governing bodies of Belvedere and Tiburon. SECTION 2 - Removal of Members Each member shall be subject to removal and replacement at the pleasure of the appointing government body(ies). SECTION 3 - Term The terms of office for each member shall be two (2) years. The terms of the members shall be staggered so that no more than four (4) terms expire during any one fiscal year. Members may be reappointed for any number of successive terms at the discretion of the appointing authority. 8 ARTICLE III MEETINGS SECTION 1- Place of Meetings Meetings of the Committee may be held at any place within the County of Marin designated by the Chairman of the Committee. In the absence of any such designation, all Committee meetings shall be held at the principal office of the Committee. SECTION 2 - Regular Meetings Regular meetings of the Committee shall be held bi-monthly on the 3rd Monday of the month at 7:30 p.m. SECTION 3 - Special Meetings Special meetings of the Committee may be called by the Chairman or by a majority of members of the Committee. Written notice of the time and place of any such special meeting shall be delivered personally or by mail to each member of the Committee and to each local newspaper of general circulation, or radio or television station requesting notice in writing. This written notice must be received at least 24 hours before the specified time of the meeting. The notice shall specify the business to be transacted and no other business shall be considered by the Committee. The notice required by this section may be dispensed with as to any member who files a written waiver of the requirement with the Director. SECTION 4 - Ouorum A majority of the authorized number of members shall constitute a quorum for the transaction of business, except to adjourn as provided in Section V of this Article. Every act or decision done or made by a majority of the members present at a meeting duly held at which a quorum is present, shall be regarded as the act of the Committee. A meeting at which a quorum is initially present may continue to transact business notwithstanding the withdrawal of members. if any action taken is approved by at least a majority of the required quorum for that meeting, SECTION 5 - Adjournment A majority of the members present, whether or not constituting a quorum, may adjourn any meeting to - another time and place. 9 SECTION 6 - Notice or Adjournment Notice of the time and place of holding of an adjourned meeting need not be given, unless the meeting is adjourned for -more than 24 hours, in which case notice of the time and place shall be given before the time of the adjourned meeting, in the manner specified in Section III of this Article. SECTION 7 - Compensation of Members Members of the Committee shall not be compensated for their services, but the Committee in its discretion may reimburse members of actual expenses incurred in carrying out Committee business. SECTION 8 - Minutes The Chairman shall arrange to have Minutes taken at all meetings of the Committee. The Minutes for each meeting shall be transcribed and approved by the Committee, with any changes added by members, at its next regular meeting. ARTICLE IV SECTION 1- Officers The officers of the Committee shall be a Chairman and a Vice Chairman, which offices shall be held by members of the Committee. The offices shall not be held by the same person. SECTION 2 - Election of Officers The Officers of the Committee shall be chosen by the committee to serve for a term of one (1) year. Elections shall take place at the regular meeting of the Committee held in November and the terms of the Officers shall commence as of the date of the first regular meeting in January. Officers may be re-elected for any number of successive terms. SECTION 3 - Subordinate Officers The Committee may appoint, and may empower the Chairman to appoint, such other Officers as the business of the Committee may require, each of whom shall hold office for such period, have such authority and perform such duties .as are provided in the Bylaws or as the Committee may from time to time determine. 10 SECTION 4 - Removal and Resienation of Officers Any officer may be removed, either with or without cause, by the Committee, at any regular or special meeting of the committee, or except in case of an Officer chosen by the Committee, by any Officer upon whom such power of removal may be conferred by the Committee. Any Officer may resign at any time by giving written notice to the Committee. Any resignation shall take effect at the date of the receipt of that notice or at any later time specified in that notice; and, unless - otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of the Committee under any contract to which the Officer is a party. SECTION 5 - Vacancies in Offices A vacancy in any office because of death, resignation, removal, disqualification or any other cause shall be filled in the manner prescribed in these Bylaws for regular appointments to that office. SECTION- 6 - Chairman of the Committee The Chairman of the Committee shall preside at meetings of the Committee and exercise and perform such other powers and duties as may from time to time be assigned to him or her by the committee or prescribed by the Bylaws. The Chairman shall be the Chief Executive Officer of the Committee and shall, subject to the control of the Committee, have general supervision, direction, and control of the Committee's activities, staff and the Officers of the Committee. SECTION- 7 - Vice -Chairman In the absence or disability of the Chairman, the Vice -Chairman shall perform all the duties of the Chairman, and when so acting shall have all the powers of, and be subject to all of the restrictions upon the Chairman. The Vice -Chairman shall have such other power and perform such other duties as from time to time prescribed for them respectively by the Committee or by the Bylaws, and the Chairman. 11 SECTION- 8 - Treasurer and Controller Pursuant to the provisions of Government Code Section 6505.6 the Treasurer of the Committee shall be the Executive Director of the Committee. The Treasurer shall receive and have custody of all monies of the Committee, shall be responsible for the safekeeping and disbursement of all such monies and shall pay all sums due when appropriately presented to the Committee. Pursuant to this section, the Treasurer shall cause an independent audit to be made by a certified public accountant, or public accountant in compliance with Government Code Section 6505.5. All withdrawals from the Committee's bank accounts shall be made by check approved by an officer or an employee approved by the Committee and said check shall be drawn on an account or accounts established in the name of the Committee at a bank or other financial institution designated by the Treasurer of the Committee. The Treasurer shall obtain a public official surety bond. The premium for this bond shall be paid by the Committee. ARTICLE V COMM11-1EES SECTION I- Committees of Members The Committee may by resolution adopted by a majority of the authorized number of members, designate one or more Sub -Committees, each consisting of two or more members. to serve at the pleasure of the Committee. Sub -Committees shall meet in accordance with the provisions of these Bylaws and the Brown Act. ARTICLE VI RECORDS AND REPORTS SECTION 1- Maintenance and Inspection of Committee Records The accounting books and records and Minutes of proceedings of the Committee and any Sub -Committee shall be kept at the principal office of the Committee. The Minutes shall be kept in written form and the accounting books and records shall be kept either in written form or any other form capable of being converted into written form. The Minutes and accounting books and records shall be open to inspection upon the written demand of any member at any reasonable time during usual business hours. The inspection may be made in person or by an agent of a member, and shall include the right to copy any such records. Copies of all minutes shall be forwarded to the members and to the City of Belvedere and Town of Tiburon. 12 1 • SECTION - 2 - Financial Statements Financial Statements shall be prepared monthly prior to the regular meeting of the Committee. The monthly financial statements shall set forth the financial activity for the time period two months preceding the month in which the regular meeting is held and shall include a summary of financial activity for the fiscal year to date plus a balance sheet setting forth to the extent practicable the financial status of the Committee as of the last day two months prior to the regular meeting. Copies of all financial information shall be forwarded to the members prior to the regular meeting and to the City of Belvedere and Town of Tiburon. SECTION -3- - Annual Budget The Committee shall prepare an annual budget using a March 1 - February 28 fiscal year. The budget shall, to the extent practical, be completed and submitted to the City of Belvedere and Town of Tiburon for approval at least sixty (60) days prior to the beginning of each fiscal year. ARTICLE VII AMENDMENTS SECTION 1 - Amendment by Committee New Bylaws may be adopted or these Bylaws may be amended or repealed by the vote or written consent of a majority of the members of the Committee. ARTICLE VIII EMPLOYEES SECTION 1- Hiring Staff The Committee may, within it's discretion, hire employees or contract with independent consultants or individuals to perform administrative or operational functions of the Committee. Prior to entering into any contract with an independent consultant or individual, the Committee shall have the form of contract to be executed approved by the City of Belvedere and Town of Tiburon. 13 SECTION 2 - Executive Director/Treasurer The Committee shall hire an Executive Director who shall act as Treasurer and be in charge of the day-to-day operation of the Committee's activities and its programs, committee staff, budgeting and planning. The executive Director shall report to the Chairman of the Committee. SECTION 3 - Review of Performance The Chairman of the Committee shall review the performance of Committee employees and shall report regularly to the Committee on said performance. Employees' salaries shall be set by the Committee. ARTICLE IX CO-ORDINATION WITH BELVEDERE-TIBURON SECTION I- City/Town Managers The Executive Director shall periodically review operations with the Belvedere City Manager and Tiburon Town Manager. SECTION 2 - Reports to City/Town Councils At least once annually in the third quarter of the fiscal year ), the Chairman and Executive Director shall give an oral report to the Belvedere City Council and the Tiburon Town Council on the status of the Committee. SECTION 3 - City/Town Council Liaisons Belvedere and Tiburon will designate a member of each Council as a liaison to the Committee. At the discretion of the Chairman, the Committee may contact the respective liaisons should an issue arise which the Chairman believes should be brought to the attention of the City/Town Councils. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 3, 2016 Agenda Item: STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of Town Council Town Manager Consideration to Approve the Town's Response to the Marin County Grand Ju 's Report, The 911 First Responder Referral Program .64 BACKGROUND On June 9, 2016, the Marin County Grand Jury issued a report called The 911 First Responder Referral Program: More than a Band-Aid for Seniors. The report reviews the referral program implemented by the San Rafael Fire Department that empowers emergency first responders to provide a referral to senior citizens with repeated calls to the Aging and Adult Services Information and Assistance Program with the County of Marin. The report seeks the Town to respond to one Recommendation. 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, The 911 First Responder Referral Program: More than a Band- Aid for Seniors. EXHIBITS • Draft Response to Grand Jury • Grand Jury Report Prepared By: Benjamin Stock, Town Attorney TOW iii-Tiri ,2,-,N; OAK #4838-7395-7429 v1 06935-0001 Pa��1o(l RESPONSE TO GRAND JURY REPORT FORM Town of Tiburon Report Title: The 911 First Responder Referral Program Report Date: June 9, 2016 Public Release: June 16, 2016 Response By: Greg Chanis FINDINGS • We agree with the findings numbered: • We disagree wholly or partially with the findings numbered: RECOMMENDATIONS • Recommendations numbered have been implemented. • Recommendations numbered R3 have not yet been implemented, but will be implemented prior to December 1, 2016. • Recommendations numbered they are not warranted or are not reasonable. Date: Signed: Number of Pages Attached: 1 will not be implemented because GREG CHANIS, TOWN MANAGER August 4, 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 The 911 First Responder Referral Program Dear Honorable Judge Simmons and Mr. Mann: This letter explains in detail the Town of Tiburon, including the Tiburon Police Department's, response to the Grand Jury Report dated June 9, 2016. The Report directs the Town to respond to Recommendation No. 3. The Findings involve conclusions of fact that the Town has little or no independent basis to evaluate. In responding to the Recommendation, the Town assumes that the information in the Report is correct and relies on that information. RECOMMENDATIONS Recommendation 3: Marin County police chiefs and Sheriff should have their patrol officers/deputies attend the "911 First Responder Referral Program" training. Town's Response to Recommendation 3: This recommendation has not yet been implemented, but will be implemented prior to December 1, 2016. The Tiburon Town Council reviewed and approved this response on August 3, 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 #4839-3435-7301 vl 2015/2016 MARIN COU/YTY CIVIL GRA/1D JURY The 911 First Responder Referral Program More Than a hand -Aid® Forfeniors Report Date: June 9, 2016 Public Release Date: June 16, 2016 l Marin County Civil Grand Jury The 911 First Responder Referral Program Iviore Than a Bancl AiX For Seniors SUMMARY 9-1-1: ... Okay, tell me exactly what's happened. [actual call] Caller: My mother, who 's 81, has_ fallen and kind of collapsed. 9-1-1: Are you with her now? Caller: She's laying on the floor now and I'm walking towards her now. 9-1-1: Is she awake and breathing? Caller: Yes, she's awake and breathing. 9-1-1: And when did this happen? Caller: Moments ago. Maybe five minutes. 9-1-1: And do you know what caused the fall? Caller: We don't. She was leaning against the wall when my father walked in the room. Imagine you are a frail senior citizen living alone and finding it difficult to manage your daily chores and stay independent. Suddenly, you find yourself on the floor, a little banged up and unable to get up. What would you do? You would likely call 9-1-1 for help. Most Marin County citizens have probably never needed to call 9-1-1 to report a medical emergency. But if they did, within a few minutes they would likely see a fire engine and ambulance arriving at their location and know that they would be in good hands. When an emergency first responder (paramedic, firefighter, or police officer) arrives on scene, after they treat the patient, there are two alternatives: 1) transport the patient to a nearby hospital or 2) leave the patient at the scene. With an aging senior population, responders frequently find themselves returning to the same patients. While they are eager to address the immediate problem, they are unable to address the underlying issue: poor balance, poor diet, dementia, Alzheimer's or other memory -related disease, etc. The 911 First Responder Referral Program was launched by the San Rafael Fire Department in 2014 to empower emergency first responders to provide a referral, with the patient's consent, to Aging and Adult Services Information and Assistance Program (part of Marin County's Health & Human Services). If the patient doesn't want the referral at that time, the responder leaves information behind so the patient and caregivers can learn more about available programs and contact Information and Assistance when he or she is ready. This report describes how the 911 First Responder Referral Program can be a win -win-win for Marin County: • Senior citizens' quality of life may improve by obtaining assistance in helping to manage their long-term issues. • Marin County's Health & Human Services has an opportunity to intervene earlier to improve the client's health and wellness. • Emergency first responders receive fewer 9-1-1 calls. BACKGROUND The percentage of Marin County residents who are at least 65 years old (senior citizens) has been growing steadily for decades and is estimated to continue to grow for at least another decade': 30.00% 22.50% 0.00% Percentage of Population 65 Years and Older 1970 1980 1990 2000 2010 2020 2030 2040 Year Many chronic health issues afflict senior citizens': heart disease, hypertension, stroke, emphysema, asthma, chronic bronchitis, cancer, diabetes and arthritis. Having one or more of these health problems increases the chances of falling3. According to the U.S. Centers for Disease Control and Prevention: • One-third of Americans aged 65+ fall each year. • Every 13 seconds, an older adult is treated in the emergency room for a fall; every 20 minutes an older adult dies from a fall. • Falls are the leading cause of fatal injury and the most common cause of nonfatal trauma- related hospital admissions among older adults. • Falls result in more than 2.5 million injuries treated in emergency departments annually, including over 734,000 hospitalizations and more than 21,700 deaths. • In 2013, the total cost of fall injuries was $34 billion. • The financial toll for older adult falls is expected to increase as the population ages and may reach $67.7 billion by 2020. 1 http:fiwww.bavareacensus.ca.uovicounties!MarinCountv.htm and California Department of Finance: Report P-1 (Age): State and County Population Projections by Major Age Groups, 2010-2060 (by decade) (http://www.dof.ca.gov!research/demographic'reportslprojections/P-1 /) 2 Federal Interagency Forum on Aging -Related Statistics, Older Americans 2012: Key Indicators of Well -Being htto://aeing_stats.goviaginastatsdotnettMain Site/Data//2012.DocumentsfDocslEntircChartbook.pdf 3 http://www.healthinagina.ora/aaino,-and-health-a-to-etopic:fallsiinfo:causes-and-symptoms/ 4 http:/,www.cdc.sov/homeandrecreationalsafety/fallsiadultfalls.html and haps://www.ncoa.org/resources/falls- prevention-fact-sheet/ June 9, 2016 Marin County Civil Grand Jury Page 2 of 15 Besides the previously mentioned chronic health issues, senior citizens are increasingly affected by Alzheimer's diseases: • One in nine people age 65 and older has Alzheimer's disease. • It is the fifth leading cause of death for those age 65 and older. • In 2015, approximately 473,000 people age 65 or older will develop Alzheimer's disease in the United States. • Between 2000 and 2013, deaths attributed to Alzheimer's disease increased 71 percent. With the growth of the elderly population emergency medical providers throughout the United States have developed a number of programs that address their common health challenges: • In 2002, the City of Berkeley (California) launched The Senior Injury Prevention Program6, a collaboration between Berkeley's Fire Department, Health & Human Services, and the Division of Aging. While Alameda County's Senior Injury Prevention Project actively educates people in senior centers, the City of Berkeley wanted to support their fire departments, who could do more with frequent "elderly lift assist" calls. With over 13,000 senior citizens, emergency first responders currently refer 4-5 seniors/month to the Aging Services Division for follow-up case management services. • In 2003, Hawaii's State Department of Health, Injury Prevention and Control Section started working with community partners to prevent falls among senior citizens8 and developed a Hawaii Falls Prevention State Plan9. Concerned that the increasing volume of fall -related injuries being treated by emergency healthcare providers will threaten Hawaii's healthcare system, they have convened a number of Hawaii Fall Prevention Conferences. • In 2007, Satellite Beach10 (Florida) started offering fall -prevention fairs and providing 90 - minute free in-home risk assessments. After conducting approximately 100 home inspections, emergency first responders have seen a 7% drop in falls with injuries and hip fracture -related incidents were reduced by 37%11. • In 2010, San Diego12 (California) implemented an electronic system for paramedics to provide medical case manager referrals for "vulnerable patients". Using a combination of 9-1-1 and 2-1-1, these patients are able to access (free or low cost) community services to obtain help for finding food, housing and other senior services. As a result, connecting seniors to services within the community reduced the 9-1-1 system call volume. 2-1-1 San 5 https:/Avww.alzora/facts!downloadsifacts_iigures_2015.pdf 6 http://www.ci.berkeley.ca.us/Health_Human_Services/Division_on Aeinp/ Senior_Comnanion_ Caretliver_and Injury Prevention__Proerams.aspx httn:/.!stopfalls.ore/advocacy/success-storieslalameda-county-senior-injury-prevention-project' 8 http:I/health.hawaii.uovlinjurvprevention/files!2013l09IHIPP-2012-2017-Falls-Prevention-671 KB.pdf 9 https:/lwww.hawaiiadre.ora/Portal'_A«encvSite12013FaIls.pdf 10 http://www.satelliteheachfire.corniglfall-prevention/c11m6 r t Statistics provided by Satellite Beach Fire Rescue (Florida) 12 http://www jems.com:'articles/print'volurne-41/issue-2/features/ how-san-d iew-ems-integrated-system-wide-conditional-social-referrals-in-epers.html June 9, 2016 Marin County Civil Grand Jury Page 3 of 15 Diego13 also offers a free Are You OK? automated daily phone call as a senior safety check. • In 2013, Delaware County (Ohio) launched the First in Response To Seniors" (FIRST) program. Their initial challenge was establishing clear internal communication among the various team members: first responders, service coordinators, directors and legal representatives. A grant from local Area Agency on Aging15 covers 85% of the cost of the program. Of the 477 referrals in 2015, eight individuals were enrolled in a Community Support Program, and 26 individuals had new services added to their established care plans. Thus, the FIRST program accelerated the establishment and/or addition of much needed services. • In 2014, Central Mason Fire & EMS16'17 (Washington State) joined with the Mason County EMS Council to create a Falls Prevention Program, which has since expanded to five surrounding Washington counties. Their baseline data showed that senior citizens comprised 2/3 of hospital admissions for falls, and their initial EMS referral program reduced falls by about 10%. They are hoping to reduce falls to a total of 30% using the Otago Exercise Programme18. • In 2015, police, fire and EMS agencies in Hamburg (New York)19 began offering free fall prevention safety checks. The public might not be aware, but most fire departments and fire protection districts in Marin County offer free home safety inspections upon request. In addition to offering inspections to look at all home hazards (structure, vegetation, fall -prevention, etc.), the Novato Fire Protection District offers a Fall Prevention Program that addresses several concerns that contribute to elderly falls20. Their first responders will soon be distributing a Tips to Prevent Falls handout. Less well known than the emergency 9-1-1 service, the 2-1-1 service offered throughout the United States "connects callers with hundreds of programs to help people find food, housing, health care, senior services, child care, legal aid, volunteer opportunities and much more."21 Accredited by the Alliance of Information and Referral Systems (AIRS)22, the United Way of the Bay Area operates the Bay Area 211 free helpline for five counties23. The 2-1-1 service provides resource information from local agencies and it is up to the caller to make contact with any service or agency. 13 http://www.211sandiego.or0 14 http://firehouse-servcoord.orJpases/16 15 http://www.n4a.org/ 16 Emergency Medical Services (EMS) 17 http:!/v,Www.kitsapsun.cominews./locallmason/ first -responders -take -new -approach -with -sen iors-prone-to-f al is-ep-693524697-355196461.html 18 http:!/www.acc.co.nz!PRD_EXT_CSMP/groups/external providers/ documents/publications _promotion/prd ctrb1 15334.pdf 19 http://www.twcnews.com/nvs/buffaloinews/2015/12/15/ fire--po l i ce-and-em s -person nel-vola steer-to-offer-fall-prevention-servi ces-to-the-elderlv.html 20 Developed in partnership with Dominican University of California's Department of Occupational Therapy 21 https:!/uwba.org/21 1 22 http://www.airs.orali4a'pages/index.cfm?page1D=3376 23 Service also available at httu://21 1 bavarea.orJ June 9, 2016 Marin County Civil Grand Jury Page 4 of 15 METHODOLOGY In researching this topic, the Grand Jury: • Investigated similar programs in other states. • Interviewed Marin fire chiefs to learn how emergency medical services and the 911 First Responder Referral Program are deployed in their service area. ■ Interviewed staff in Marin County Health & Human Services to understand how the County handles these referrals. • Interviewed United Way of the Bay Area staff who oversee 2-1-1 implementation. DISCUSSION In June 2014, the San Rafael Fire Department launched the 911 First Responder Referral Program. Although emergency first responders observed recurring senior -related issues, they were limited to treating the immediate problem, but could do nothing to prevent its recurrence. The 911 First Responder Referral Program developed a simple form that is sent to a referral team. The form is provided to the referral team only if the senior citizen or adult agrees that such additional aid or assistance is necessary and desired. However, in the early months they were challenged by the limited capacity of the referral team. In January 2015, Marin County's Aging and Adult Services24 established the Information and Assistance Program (I&A), to provide customized client -centered referral support. Before I&A was launched, people wanting information on County programs would have to navigate a complicated automated phone system. The new program was to provide a higher level of service, a single contact point, and a system for follow through. Early in 2015, San Rafael Fire Department started working with the Information and Assistance Program to streamline the referral process and ensure referral tracking. The resulting collaboration allows first responders to initiate a referral and know that help would be available much sooner. The 911 First Responder Referral Program does not change what responders do or how they do it they simply are given "another tool for their toolbox" to help their patients. The program simplifies the responder's job by using a standardized form and relying on Aging and Adult Services Information and Assistance Program's expertise to find the best solutions for the patient. Since Marin County Aging and Adult Services helps both seniors and adults, the 911 First Responder Referral Program can also refer adults for help, although the majority of medical 9-1-1 callers are senior citizens. To date, the Fire Department has trained 60 San Rafael Fire Department first responders and 40 San Rafael Police Department patrol officers to recognize elderly patients with age-related problems and connect them with community resources these patients might not be aware of. 24 http://avina_>_Iivelon2Iivewellmarin.onei June 9, 2016 Marin County Civil Grand Jury Page 5 of 15 The Process When someone in San Rafael calls 9-1-1 with a medical emergency: 1. 9-1-1 dispatches appropriate emergency medical services. 2. Emergency first responders (usually a fire engine and ambulance) arrive and begin appropriate treatment. 3. The 911 First Responder Referral Program can begin after the patient is stable. While treating the patient, first responders are also trained to be aware of their surroundings, looking for obvious indications2' that the patient has some underlying problems, such as: their home in disarray; they are heating their home with an oven; they are at risk for medication interaction complications; they do not have a local support network; they have insufficient or inedible food; their memory is impaired. While a person may appear fine in public, in private it may be clear to the responder that they are at risk. 4. If the responder determines that their patient already has a social worker assigned to them (in conversation, looking at their Vial of L.I.F.E.76, or from a relative), which is the case for approximately 10% of the 9-1-1 medical callers, the responder contacts the patient's social worker and shares their observations. 5. Based on the indications, the responder may offer to complete a Request to Phone Me With Help Form for services (see Appendices A and B). The fear that many patients express is the possibility of a loss of independence and being forced to leave their home. The responder explains that Request to Phone Me With Help simply allows a social worker to contact them with help and refer them to appropriate services. If the patient agrees to the referral, the patient signs the form. 6. The responder faxes the signed form to the Information and Assistance Program and also logs their referral into a first responder referral database. Health Insurance Portability and Accountability Act (HIPPA) regulations27 are followed to ensure that the patient's health information is handled in confidence. If they do not wish to fill out the form, an information sheet (see Appendices C and D) is left behind to educate the patient and their caregivers about County resources. 7. Marin County's Aging and Adult Services Information and Assistance Program receives the referral. They are mandated by the Older American's Act28 to respond and follow-up on 100% of all assistance referrals. Sharing the programs and resources that might be a good match for the client's29 needs ("resource counseling") and contacting the client's 25 In response to a 9-1-1 call, first responders are allowed to enter a dwelling without a warrant to render emergency aid and assistance to a person whom they reasonably believe to be in distress and in need of that assistance. Once inside on that basis, rendering that assistance could include checking for medications, but also might include looking for other health and welfare hazards that are in plain view. 26 A small plastic vial containing an overview of a patient's medical history stored in the refrigerator. It is available for free from any fire station in Marin County. http:/./vialofife.com/ 27 http:/ www.cros.gov/Regulations-and-Guidance!HIPAA-Administrative-Simplification/ HIPAAGen1nfoidownloads'hipaalaw.pdf 28 http:/!www.aoa.mv/AoA Proarams/OAAlIndex.aspx 29 Health and Human Services staff refer to first responder patients as clients. June 9, 2016 Marin County Civil Grand Jury Page 6 of 15 family caregiver or nearby aide, as appropriate, the social worker helps these people become aware of the client's situation. The social worker can also facilitate program enrollment, including "a soft handoff'— to personally introduce them to an appropriate program representative. At any point the client has the choice to decline service help. 8. First responders follow up with the Information and Assistance Program to ensure that patient referrals were contacted, and update the patient's status in the first responder database. Funding The San Rafael Fire Department's direct cost to implement the 911 First Responder Referral Program Tarn is under $5,000/year, which the San Rafael Fire Department considers an investment in their strategy to slow the growth rate of their 9-1-1 call volume. Program Results The San Rafael Fire Department's first responders enthusiastically endorse the program30: "It's an incredible tool to use." "We're hungry to solve problems that have aggravated us and eager to use our skills." "It feels good to do this." Marin County's Aging and Adult Services Information and Assistance Program (I&A) now has social workers answering calls, doing program intakes and personally helping callers understand available resources to Live Long Live Well31. Compared to local 2-1-1 service, I&A provides a much more personalized, comprehensive and up-to-date free service, by phone, email, and website.32 They shared a typical success story: "A year ago, I reached out to an elderly couple referred by the 911 First Responder Referral Program, who were confused and disoriented. After speaking to the wife for a while, she gave me the number for her daughter in Sonoma, and I called her to find out more about her parents' situation. The daughter stated that she visits her parents every weekend and prepares food for them. After assessing the parents' situation, I gave the daughter resources for home caregiver agencies, linked her to telephone equipment for the hard of hearing, and gave her information for home -delivered meals. The daughter was very pleased with our outreach in Aging and Adult Services." In 2015 there were 41 Aging and Adult Services referrals from the San Rafael Fire Department. That might not sound like many referrals for a service area with an estimated senior population33 of 10,038 and 5,936 medical 9-1-1 calls. However, in previous years, these 41 people had been 30 Interviews conducted with the San Rafael Fire Department 31 http:!!agin2.livelong]ivewellmarin.ore/1projects 32 https:/'www.marinhhs.ors!agina-adult-services 33 http:/:'factfinder.census.ciov/bkmkicf/1.01en/place/San Rafael city. Cal ifornialPOPULATION!PEP_EST June 9, 2016 Marin County Civil Grand Jury Page 7 of 15 responsible for over 375 calls, 90% of which were fall -related, with some people making up to three fall -related calls a day.34 Next Steps The Marin County Fire Chiefs Association, inspired by the results of the San Rafael Fire Department program, is working on identifying next steps towards a County -wide emergency first responder program and protocol. They feel that they have "hit a homerun" for fire prevention and response, and now want to "hit a homerun" for healthcare. Many Association members have already been implementing components of the 911 First Responder Referral Program. The goal now is to create a better referral tracking database, offer trainings, and to develop a consistent community outreach for the program. Conclusion Since the publication of the 2014 Grand Jury Report Aging in Marin: What's the Plan?35, the County of Marin's Aging and Adult Services has streamlined a senior citizen referral strategy with emergency first responders. While the 911 First Responder Referral Program is still very much in its infancy, the Grand Jury applauds the initiative of the San Rafael Fire Department and Marin County's Aging and Adult Services Information and Assistance Program. Based on similar programs in the United States, the Grand Jury expects that this program, when rolled out County- wide, will not only make a significant difference in the lives of senior citizens, it will make better use of existing local social services, and will likely reduce many preventable 9-1-1 medical calls. 34 Statistics provided by San Rafael Fire Department 35 http://www.marincountv.or_h%media'filesldepartments!Jireports-responses/2013'atlincjn marin.pdf June 9, 2016 Marin County Civil Grand Jury Page 8 of 15 FINDINGS F1. Marin County's Aging and Adult Services Information and Assistance Program is a highly proactive team of caring professionals who have a strong desire to provide personalized assistance for improving lives of adults in the County. F2. The San Rafael Fire Department has done an effective job implementing the 911 First Responder Referral Program and fostering an efficient relationship with the Aging and Adult Services Information and Assistance Program. F3. The Marin County Fire Chiefs Association has a strong desire to roll out a consistent 911 First Responder Referral Program, which could be successful in every fire department throughout Marin County. RECOMMENDATIONS R1. Marin County fire chiefs should implement the 911 First Responder Referral Program County -wide. R2. Marin County fire chiefs should create a community outreach campaign for the 911 First Responder Referral Program. R3. Marin County police chiefs and Sheriff should have their patrol officers/deputies attend the 911 First Responder Referral Program training. R4. Marin County paramedic agencies should have their emergency first responders attend the 911 First Responder Referral Program training. R5. Private ambulance companies serving Marin County should have their emergency first responders attend the 911 First Responder Referral Program training. 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. June 9, 2016 Marin County Civil Grand Jury Page 9 of 15 REQUEST FOR RESPONSES Pursuant to Penal code section 933.05, the grand jury requests responses as follows: From the following governing bodies: • Bolinas Fire Protection District (R1, R2) • Central Marin Police Authority (R3) • City of Belvedere (R3) • City of Larkspur (R1, R2) • City of Mill Valley (R1, R2, R3) • City of Novato (R3) • City of San Rafael (R1, R2, R3) • City of Sausalito (R3) • CSA #28 (West Marin Paramedic) (R4) • CSA #31 (County Fire) (R1, R2) • Kentfield Fire Protection District (R1, R2) • Marinwood Community Service District (R1, R2) • Novato Fire Protection District (R1, R2) • Ross Valley Fire Department (R1, R2) • Southern Marin Emergency Medical -Paramedic System (R4) • Southern Marin Fire Protection District (R1, R2) • Stinson Beach Fire Protection District (R1, R2) • Tiburon Fire Protection District (R1, R2) • Town of Corte Madera (R1, R2) • Town of Fairfax (R3) • Town of Ross (R3) • Town of Tiburon (R3) 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 (R3) The following individuals are invited to respond: • Police Chief, Belvedere Police Department (R3) • Police Chief, Central Marin Police (R3) • Fire Chief, Corte Madera Fire Department (R1, R2) • Police Chief, Fairfax Police Department (R3) • President, Falcon Critical Care Transport (R5) • President, Falck/verihealth, Inc. (R5) June 9, 2016 Marin County Civil Grand Jury Page 10 of 15 • Fire Chief, Larkspur Fire Department (R1, R2) • President, Marin County Fire Chiefs Association (R1, R2) • Fire Chief, Marin County Fire Department (R1, R2) • President, Marin County Police Chiefs Association (R3) in Fire Chief, Mill Valley Fire Department (R1, R2) • Police Chief, Mill Valley Police Department (R3) • Chief Executive Officer, NORCAL Ambulance (R5) • Police Chief, Novato Police Department (R3) • Police Chief, Ross Police Department (R3) • Fire Chief, San Rafael Fire Department (R1, R2) • Police Chief, San Rafael Police Department (R3) • Police Chief, Sausalito Police Department (R3) • President, St. Joseph's Ambulance Service (R5) • Police Chief, Tiburon Police Department (R3) June 9, 2016 Marin County Civil Grand Jury Page 11 of 15 APPENDIX A: Request to Phone Me with Help Form (English) Request to Phone Me with Help First Responder Referral Project Information and Assistance to Keep You Safe and At Home Name Phone (415) Address Family Caregiver? No 0 Yes 0 Name Phone Any other help, such as a neighbor? Name & relationship Phone Describe Situation By signing below, I invite you to ask Marin County Aging and Adult Services to phone me about mi situation, and allow them to contact other help organizations as needed. I would like help with: _ Transportation to medical appointments. _ Taking care of my spouse or partner. _ House cleaning and organizing. _ Food shopping and meals. _ Reducing trip hazards. Having more social activities. Other Signature of Patient or Caregiver First Responder Name Date Station! Shift Station Phone or Personal Cell -If this person was transported to Emergency: KP ❑ MGH ❑ NCH 0 First Responder — please fax this completed form to both: 1. Marin County Aging & Adult Services: (415) 473-7042 or (415) 473-6465 phone (415) 457-4636, M -F 8:30-5 www.mainhhs.orgiaging-adult-services 2. San Rafael Fire Department, Station 51— (415) 453-1627 The 911 First Responder Referral Projecl is a cooperative initiative of Senior Access, the City of San Rafael Fire Department and the Marin County Fire Chief's Association. June 9, 2016 Marin County Civil Grand Jury Page 12 of 15 APPENDIX B: Request to Phone Me with Help Form (Spanish) Solicitud para Ilamarme con Ayuda Proyecto de Referencia del Departamento de Bomberos Information y Asistencia para mantenerse seguro en casa Nombre Telefono (415) Direccion Tiene cuidado familiar? No ❑ Si 0 Nombre Telefono Recibe otro tipo de ayuda; como de un vecino? Nombre y Relacion Telefono Describa su Situation Al firmar a continuation, les permito pedir a el Servicios para Adultos del Condado de Marin que me Ilame por mi situation, y les permito ponerse en contacto con otras organizaciones de ayuda, segun sea necesario. Me gustarfa ayudar con: _ Transporte a las cites medicas. _ Cuidado de mi conyuge o pareja. Limpieza y organization de la Casa. La compra de alimentos. La reduction de riesgos de tropiezos. Tener mas actividades sociales. Otros Firma del Paciente o Cuidador Nombre del Respondedor Fecha Estacion/grupo Tel de la estacion o personal Si Esta persona fue trasladada a Emergencias: KP 0 MGH 0 NCH ❑ Respondedor por favor envie por fax este formulario completo a ambos: 1. Marin County Aging & Adult Services: (415) 473-7042 o (415) 473-6465 Telefono (415) 457-4636, L -V 8:30-5 www.mainhhs.orglaging-adult-services 2. Department() de Bomberos de San Rafael, Estacion 51 — (415) 453-1627 El Prayetto de Acceso pare Adultos es una inlciativo de cooperation del 911, Departomento de Bomberos de la Ciudad de San Rafael, y to Asoclacidn deletes de Bomberos del Condado de Marin, June 9, 2016 Marin County Civil Grand Jury Page 13 of 15 APPENDIX C: Marin County Aging and Adult Services Info Sheet (English) Marin County Aging and Adult Services Information & Assistance, (415) -457 -INFO, (415) 457-4636 457-info@manncounty.org Monday — Friday, 8:30am — 5pm Community Resource Guide MarinHHS.org/Resources MarinHHS.orq/Aqinq Do you need equipment or supplies? ReCARES, provides free gently used health care equipment, such as walkers, wheelchairs, canes and commodes, and unused medical supplies, such as wound dressings and adult diapers, Wednesdays llam-2pm, 3100 Kerner Blvd, San Rafael, (415) 388-8198 June 9, 2016 LIV£ Lo- LIVE WALL www.Livelonglivewellmarin.org Marin County Civil Grand Jury Page 14 of 15 APPENDIX D: Marin County Aging and Adult Services Info Sheet (Spanish) Servicio para Adultos y Envejecimiemto del Condado de Marin Inforrnacion y Asistencia (415)457iNFO, (415) 457-4636 457-info@marincounty.org Lunes — Viernes, 8:30am — 5pm Guia de Recursos y Servicios MarinHHS.org/Resources MarinHHS.org/Aging z,Necesita equipos o suministros? ReCARES, proporciona equipos de atencion gratuitos de salud con poco uso, como andadoras, sillas de ruedas, bastones y comodas. Suministros medicos no usados, tales como vendajes para heridas y panales para adultos, Los miercoles de 11 a.m.-2 p.m 3100 Kerner Blvd, San Rafael, (415) 388-8198 June 9, 2016 Vi/v& I4 a•s/V&vei t3 i'/1/ www.Livelonglivewellmarin.org Marin County Civil Grand Jury Page 15 of 15 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 3, 2016 Agenda Item: Cr: - r : _J (! j 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 Jury's Report, Marin's Hidden Human Sex Trafficking Challenge: It's Happening In Our Backyard Reviewed By: BACKGROUND On June 16, 2016, the Marin County Grand Jury issued a report called Marin's Hidden Human Sex Trafficking Challenge: It's Happening In Our Backyard. The report reviews the prevalence of human sex trafficking in Marin County, law enforcement efforts to curb this activity, and how victims can be assisted with outreach. The report seeks the Town to respond to thirteen Findings and seven 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, Marin 's Hidden Human Sex Tracking Challenge: It 's Happening In Our Backyard. EXHIBITS • Draft Response to Grand Jury • Grand Jury Report Prepared By: Benjamin Stock, Town Attorney TOWN 1.)F T1 1.11 N OAK #4841-4278-6101 v1 06935-0001 Pa.; 1 of 1 RESPONSE TO GRAND JURY REPORT FORM Town of Tiburon Report Title: Marin's Human Sex Trafficking Challenge Report Date: June 16, 2016 Public Release: June 23, 2016 Response By: Greg Chanis FINDINGS • We agree with the findings numbered: F1, F3, F8, F9, F12, • We disagree wholly or partially with the findings numbered: F2, F4 -F7, F10-11, F13. RECOMMENDATIONS • Recommendations numbered R1, R2 have been implemented. • Recommendations numbered R4 have not yet been implemented, but will be implemented in the future. • Recommendations numbered R3, R5, R6 required further analysis • Recommendations numbered R7 will not be implemented because they are not warranted or are not reasonable. Date: Signed: Number of Pages Attached: 5 GREG CHANIS, TOWN MANAGER August 4, 2016 The Honorable Kelly V. Simmons Judge of the Marin County Superior Court Post Office Box 4988 San Rafael, CA 94913-4988 Mr. Jolm Mann, Foreperson Marin County Grand Jury 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 Re: Response to Grand Jury Report Marin's Hidden Human Sex Trafficking Challenge Dear Honorable Judge Simmons and Mr. Mann: This letter explains in detail the Town of Tiburon, including the Tiburon Police Department's, response to the Grand Jury Report dated June 16, 2016. The Report directs the Town to respond to Findings Nos. 1-13 and Recommendations Nos. 1-7. 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: Human sex tra 'eking is mostly unrecognized, under -reported, and rarely subject to intervention in Marin. Town's Response to Finding 1: The Town agrees with this finding. The Town believes many crimes are under reported, therefore, it presumes that this is the case with sex trafficking. Finding 2: A significant number of human sex trafficking victims are from Marin, not just transients imported from other areas. Town's Response to Finding 2: The Town has no direct knowledge of the number of victims from Marin, thus this statement may or may not be accurate. Finding 3: Reports from two Marin County victim advocate organizations show that approximately 30% of the victims they aid are under the age of 18. OAK 44815-4629-0997 v I August 4, 2016 Page 2 Town's Response to Finding 3: The Town agrees with this finding, although the Town has no direct knowledge of the reports ]:mentioned or their accuracy. Finding 4: Some Marin County law enforcement officers still believe some human trafficking victims are criminals. Town's Response to Finding 4: The Town disagrees partially with this finding. The Town is not familiar with the beliefs of every law enforcement officer in Marin County, but can state that the Town's Police Department recognizes that persons who are being trafficked are victims. Finding 5: State lain mandates that officers receive two hours of training on human trafficking and some Marin agencies may not be complying with this lain. Town's Response to Finding 5: The Town disagrees partially with the finding. The Town is not familiar with operations of every law enforcement agency in Marin County, but can state that the Tiburon Police Department officers are in compliance with the training required under state law. Finding 6: Training of Marin County law enforcement on the "Marin County Uniform Law Enforcement Protocol for Human Trafficking" has been inconsistent across agencies. Town's Response to Finding 6: The Town disagrees partially with the finding. The Town cannot speak on behalf of the other Marin County law enforcement organizations, but can state that the Tiburon Police Department Officers have access to the above referenced protocols. Finding 7: Law enforcement officers and others who are closest to human trafficking believe the California mandated two-hour POST training video on human trafficking is not sufficient. Town's Response to Finding 7: The Town disagrees partially with this finding. The Town recognizes that any additional training assist law enforcement officers. However, Tiburon also believes the POST training is adequate to the needs of Tiburon officers. OAK #481 5-4629-0997 vl August 4, 2016 Page 3 Finding 8: Marin law enforcement agencies rarely use multidisciplinary training, incorporating collaboration between Children Family Services (CFS), the District Attorney, law enforcement experts, and possibly victims. Town's Response to Finding 8: The Town agrees with this finding. Finding 9: Training for firefighters and EMS professionals in recognizing human trafficking victims and reporting the crime is inconsistent in Marin. Town's Response to Finding 9: The Town agrees with this finding, even though the Town has no personal knowledge regarding this finding. Finding 10: It is difficult to determine the extent of human trafficking in Marin because of inconsistent classification and definitions of the crime, as well as the lack of a central clearinghouse for this data. Town's Response to Finding 10: The Town disagrees partially with this finding. While the Town agrees that inconsistent classifications and definitions of crimes can make it difficult to determine the extent of human trafficking, the Town disagrees with the characterization that there is no "central clearinghouse" without further understanding of the meaning of that statement. Finding 11: The Marin County school districts do not provide education on a systematic basis for students, parents and teachers in recognizing signs of human trafficking. Town's Response to Finding 11: The Town disagrees partially with the finding. The Town has no direct, personal knowledge of the training provided by school districts. The Town agrees that some training should be provided. Finding 12: Human trafficking outreach has been fragmented and is currently insufficient in reaching critical audiences. Town's Response to Finding 12: The Town agrees with this finding. Finding 13: The Marin County Coalition to End Human Trafficking Coalition needs dedicated resources to make it more effective. OAK #4815-4629-0997 vl August 4, 2016 Page 4 Town's Response to Finding 13: The Town disagrees partially with the finding. The Town is unclear what is meant by "dedicated resources". RECOMMENDATIONS Recommendation 1: All law enforcement officers should be consistently trained in the "Marin County Uniform Law Enforcement Protocol for Human Trafficking" Recommendation 2: All Marin law enforcement agency heads should ensure their officers receive the California mandated two hour human trafficking training. Recommendation 3: The Board of Supervisors should convene a local group of human tracking experts (including CFS, law enforcement subject experts, FBI, victim advocates, DA 's, and perhaps a victim) to create a multidisciplinary training presentation. This training should include the unique roles of all County personnel, resources, and processes in addressing human trafficking. Additional resources will be needed to support this training as none are devoted to this task now. This training should include information on the trafficking offeinales and males, as well as LGBTO. Recommendation 4: Once this rnulti-disciplinary training package is completed, Marin County law enforcement agencies should ensure that all Marin law enforcement officers be trained. Recommendation 5: Marin County fire departments should ensure that all EMS personnel are trained in recognizing human trafficking and how to report it, and incorporate this in their annual training. Recommendation 6: The Board of Supervisors should fund the creation of a database that systematically tracks adult and minor victims, using consistent classification and shared definitions to properly identify the victim and the crime, as well as document its prevalence. Data should be gathered from any organization dealing with trafficking victims, including law enforcement agencies, government agencies (e.g. Marin County Health & Human Services), civil organizations, and victim advocate organizations. Recommendation 7: Marin County Office of Education should work with the Marin County School/Law Enforcement Partnership to develop educational programs to ensure that students, parents, and teachers are trained in recognizing the signs of hurnan trafficking and where they can find help. OAK #4815-4629-0997 v August 4, 2016 Page 5 Town's Response to Recommendations: Recommendation 1: This recommendation has been implemented by the Town. Recommendation 2: This recommendation has been implemented by the Town. Recommendation 3: This recommendation requires further analysis by the County. Should the County decide to create this training, Tiburon will participate if the training is available to the Town. Recommendation 4: This recommendation has not yet been implemented, but will be implemented if the training is created. Recommendation 5: This recommendation requires further analysis. Fire protection in Tiburon is provided by the Tiburon Fire Protection District and is governed by its own board that has responsibility for establishing training priorities. Recommendation 6: This recommendation requires further analysis by the County. The Town would like to see changes into existing records management systems operated by local law enforcement agencies to ensure consistency. Recommendation 7: This recommendation will not be implemented by the Town. The Town does not have the ability to implement this recommendation on two independent governing agencies. The Town agrees that any training would be beneficial. The Tiburon Town Council reviewed and approved this response on August 3, 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 #4815-4629-0997 vl 2015/ 2016 MARIN COUNTY CML GRAND JURY IVrrin's Fadden 1 -Liman Sex Trafficking Challenge ft's ping In ur 73adva !Report Date: line 16, 2016 Public IeleaDate: line 23, 2016 2015-2016 Marin County Civil Grand Jury Marin'sHidden Human Sex Trafficking Challenge ! i.' s I(I/.)pening in L}ur [3[1c!i yarL SUMMARY "Reading text messages from their 16 -year-old daughter as she begged for help, the parents of the young girl could only imagine the nightmare she was living. She was being used as a sex slave and threatened with violence. This wasn't some Third -World nation. It was happening in Marin." 1 "Armed with a photo of the victim and copies of the text messages provided by the FBI, San Rafael pol ice scoured the Canal Neighborhood, the victim's last known location. Officers eventually found the victim and a female suspect at the San Rafael Transit Center. Police officers arrested Samantha Johns, a 19 -year old Vallejo resident, for human trafficking. A second suspect, the male, was not in the area" 2 Federal law defines human sex trafficking as"trafficking in which acommercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age" .3 It occurs both internationally and domestically. The Grand Jury's investigation into human sex trafficking examined its prevalence in Marin, how effectively law enforcement pursues it, what resources are devoted to it, how victims are helped, and the level of outreach. Based on our investigation, the Grand Jury concluded: • Human sex trafficking is thought to be prevalent in Marin, but mostly unrecognized, under -reported, and rarely subject to intervention. Statistics are hard to come by because of the hidden nature of the crime, the lack of resources to pursue cases, the highly labor intensive investigations required, and the absence of a county -wide database to track it. The Board of Supervisors should fund the creation of a database that systematically tracks victims using consistent classifications and shared definitions, to properly identify the victim and the crime, as well as document its prevalence. Data should be collected from government agencies, law enforcement agencies, and civic organizations that deal with sex trafficking victims. • Some law enforcement officers have not been effectively trained in the Marin County Uniform Law Enforcement Protocol for Hunan Trafficking. Law enforcement agencies should ensure that all officers are consistently trained in these protocols. • State law mandates two hours of training 011 human trafficking and some Marin law enforcement agencies may not be complying with this law, as not all agency heads could Derek Wilson, "Authorities Hit Brakes on Human Trafficking", January 14, 2015, Mari nscope Newspapers, http:/hvnvw. marinscope.com/news_pointer/news/authorities-hit-brakes-on-human-trafficking/article_fa439662- 9c32-1 I e4-a6da-2f35f8589b41.html 2 Ibid 3 Kemal aHari s, Attorney General, "The State of Human Trafficking in California", 2012 Human Sex Trafficking confirm that their officers received this training. All Marin law enforcement agency heads should make sure their officers receive this state mandated training. • An effective consistent training package for lax' enforcement that incorporates the roles of all County resources/processes in addressing human trafficking does not exist. The Board of Supervisors should provide resources for and convene a local multidisciplinary team to create supplemental training on human trafficking to all law enforcement agencies. This training might also include that mandated by the state, as well as the Marin County Uniform Law Enforcement Protocol for Human Trafficking to provide a seamless experience. • Human tracking training for medical and fire department EMS professionals is inconsistent - some have been trained, some have not, and some who have been trained have not been trained recently. Healthcare providers and EMS professionals are in a unique position to recognize the signs of human trafficking since 88% of domestic victims have contact with these workers while being trafficked. Marin County fire departments should ensure that all EMS personnel are trained in recognizing human trafficking and where victims can find help. • Human tracking training of students, teachers, and parents by Marin school districts is inconsistent, although the Marin County Office of Education has hosted several educational efforts for some educators and the public. This training is particularly important as the average age of solicitation is 12-14 years of age.5 According to Marin County District Attorney Nicole Panteleo, half of the victims with whom she works are from Marin County.6 Students must recognize the signs of a peer being recruited, parents must understand how to monitor their child's activities, and teachers need to report suspicious activities. The Marin County School Law Enforcement Partnership should develop and implement programs to educate students, parents, and teachers to recognize the signs of human trafficking and where to find help. • Public outreach campaigns are insufficient and do not reach all critical audiences. A number of well-regarded groups are conducting outreach, but budgets are small, resources scarce and communications fragmented. The Board of Supervisors should provide the Marin County Coalition to End Human Trafficking with the resources needed to support the organization and expand its community outreach. a Dan Gorenstein,"HealthcareTakes onthe Fight Against Trafficking", March 2, 2016, http:'Jwww.rnarketplace.org Heather Clausen, et al, "Human Trafficking Into and within the United States , 2009 6 Danielle Chemtob, " Marin' s Hidden Traffi cki ng Industry" , October 20, 2015, http://www.redwoodbark.orz June 23, 20 ] 6 Marin County Civil Grand Jury Page 2 of 31 Human Sex Trafficking BACKGROUND Marin's informal Human Trafficking Task Force received a tip that a juvenile was offering sex through a website for escorts in December 2014. Investigators arranged a sting to meet the minor at a motel and determined that she was an 18 year-old runaway who was being trafficked by Shawn Buckley of Novato and his fiance, Jazmin Moniq Khayami of San Anselmo. The couple took the victim's money and gave her only what was necessary to keep her working for sex clients, such as food and clothing.' Both have accepted a plea deal, with Shawn Buckley receiving a prison sentence of nine years, four months in March 2016.8 This 18 -year-old girl was one of the lucky ones. Many other victims don' t escape and are trafficked until they are no longer of value to their traffickers. Identifying these victims, assisting them in leaving their traffickers and finding on-going help has proved to be a challenge for communities and governments alike. Human sex trafficking has become a widespread scourge of our time with around 4.5 million victims worldwide.9 Two million are children with 100,000 minors in the commercial sex trade in the US alone.10 And California has three of the FBI's 13 highest human sex trafficking areas in the nation: Los Angeles, San Francisco, and San Diego)' Because of our proximity to San Francisco, the Marin County Civil Grand Jury initiated this investigation about human trafficking in Marin to answer the following questions: • Do we know how pervasive it is? ■ Does Marin law enforcement have enough resources and training to effectively pursue traffickers and are they doing so? ■ Once victims are identified, are they receiving the social services necessary to survive and turn their lives around? ■ Are we taking steps to educate the public and professionals on how to identify and help victims? Definition of Human Trafficking Under California Penal Code236.1 PC, the crime of " human trafficking" in California is defined as: 1. Depriving someone of their personal liberty with the intent to obtain forced labor or services from them, 2. Depriving someone of their personal liberty with the intent to violate California's pimping and pandering laws, California's child pornography laws, California laws against extortion and blackmail, or certain other California laws concerning commercial sexual activity and the sexual exploitation of children, or 7 Gary Klein, "Trial Ordered for Couple in Pimping Cas', August 25, 2015, Mann IJ 8 Gay K I ei n, "Novato Man Sentenced to Prison for Pimping Runaway", Mach 18, 2016, Marin I J 9 Kande Harris, Attorney General, "The State of Human Trafficking in California' , 2012 1° Polaris Project, "Human Trafficking Statistics', 2010 '1 California Against Slavery. "What is Human Trafficking?', February 25, 2014 June 23, 2016 Marin County Civil Grand Jury Page 3 of 31 Human Sex Trafficking 3. Persuading or trying to persuade a minor to engage in a commercial sex act, with the intent to violate one of those same laws.12 The International Labor Organization estimates that for every one victim of sex trafficking there are nine victims of labor trafficking worldwide. However, sexual exploitation is by far the most commonly identified form of trafficking in persons: • Identified sex trafficking victims: 79% • Identified labor trafficking victims: 18% • Identified other trafficking victims: 3%13 1 00% Thus, this investigation will focus primarily on human sex trafficking. Any individual under the age of 18 induced into commercial sex is automatically a victim of sex trafficking. For juveniles, the law does not require force, fraud, or coercion. Under CA law, a minor cannot consent to sex with an adult. These children are not prostitutes, but rather, victims of rape.14 Many people believe human trafficking is the smuggling of victims from other countries, but accordi ng to the 2012 Cal iforni a Attorney General report, 72% of Cal ifornia's victims are American.15 Human trafficking is about modern day slavery without regard to country of origin. Domestic women and girls — even girls from Marin — are trafficked and coerced into the sex industry. 16 Not all sex workers are trafficking victims in the sense that they have been explicitly coerced into prostitution. However, a huge percentage of prostituted women and girls are subject to constant physical and psychological abuse. Scope of the Human Sex Trafficking Problem Human sex trafficking is widespread in America — victims are sold in all 50 states. Yet there is limited public awareness of its scope. According to the US Department of Health and Human Services, human trafficking is the fastest growing criminal enterprise in the world, making it second only to drug trafficking.17 Yet, it is difficult to estimate the total number of victims in the US due to the hidden nature and control the exploiter has over the victims. Experts indicated in 2010 that there were at least 100,000 child victims of sex trafficking in the US, while upwards of 325,000 remain at risk.18 Adding in adult victims makes this number even greater. Prostitution is so profitable that urban gangs are switching from drug trafficking to sex trafficking. Drugs can be sold only once, while a sex trafficking victim can be" used" over and 13 California Penal Code 236.1 PC: See Appendix for full description 13 International Labour Office, "ILO Global Estimate of Forced Labor: Results aid Methodologies, 2012 14 California Penal Code 236.1 PC: See Appendix for full description 15 Kamal a Harris, "The State of Human Traffi cki ng in California" , 2012 16 Grand Jury interviews with Marin County law enforcement agencies 17 http://www.socialworkers_org/diversity/affirmative action/humanTraffic 1206.PDF 18 Kotrla, K., "Domestic Minor Sex Trafficking in The United States', 2010 June 23, 2016 Marin County Civil Grand Jury Page 4 of31 Human Sex Trafficking over again. Trafficking sex victims can be less risky than selling drugs. When caught with drugs, there is an obvious commitment of a crime. When caught with a victim, the secrecy and psychological abuse of the victim can make conviction of the pimp far less probable. A pimp can make $150,000-200,000 per child each year and exploits an average of 4-6 girls per year.19 And according to the 2014 Urban Institute study on the commercial sex economy in eight US cities, pimps in one city studied earned an average of $32,822 per week.20 Who are the victims? Sex trafficking victims come from rural, urban, and suburban communities throughout the US. They have diverse socioeconomic backgrounds and varied levels of education. Victims can even come from stable, two-parent upper income homes. She can even be the girl next door. With access to the Internet, where recruitment is rampant, a naive child can easily become seduced by the slick, enticing trafficker' s postings. The average age of solicitation is 12-14 years of age and the vast majority (70-90%) were sexually abused prior to being trafficked.'` Despite the fact that all children can be targets, among the most vulnerable victims are: • Victims of abuse and neglect22 • Homeless youth23 • Undocumented tnigrants24 • Children from impoverished and broken homes25 • Runaways' 6 • Drug users- • Lack of stability in home28 • Mentally -challenged individuals79 According to one study, 30% of shelter minors and 70% of street minors are victims of commercial sexual exploitation.'0 Lesbian, bisexual, gay, transgender, questioning (LBGTQ) children are particularly vulnerable to becoming sex trafficking victims. According to the Family and Youth Services Bureau within the Administration of Children and Families at US Health and Human Services, LGBTQ youth 19 NPR, "Trafficked Teen Girls Describe Life i n the Game' , 2010 70 Meredith Dank, et al, " Estimating the Size and Structure of the Underground Commercial Sex Economy in Eight Major US Cities", March, 2014. 21 Heather Clausen, et ai, " Human Trafficking Into and within the United States", 2009 22 Kemala Harris, "The State of Human Trafficking in California", 2012 23 Ibid. 24 Ibid. 25 Heather J. Clawson, Ph.D. and Nicole Dutch, B.A., "Identifying Victims of Human Trafficking", January 20, 2008, part of study for US. Department of Health & Human Services 26 National Human Trafficking Resource Center, https://traffickingresourcecenter.org/what-human- trafficki ng/human-trafficking/victi ms 27 H.E.A.T. Watch, Alameda District Attorney' s Off ice, http://www.heatwatch.or.g/human trafficking 28 Ibid. 29 Ibid. 30 Estes and Weiner, "Commercial Sexual Exploitation of Children in the US, Canada, and Mexico", 2001, University of Pennsylvania. June 23, 2016 Marin County Civil Grand Jury Page 5 of 31 Human Sex Trafficking account for up to 40 percent of the runaway and homeless youth population.31 Once living on the street, the vulnerability to sex trafficking increases significantly and the National Center for Missing & Exploited Children reports that most runaways in the US will be approached by sex traffickers within 48 hours.32 Methods of Recruitment Carl Orlando Washington was arrested for pimping a San Rafael girl at a San Jose gambling event, reported police on May 29, 2016. The suspect met the girl at a bus stop in Richmond and showed romantic interest in her. According to the Marin IJ, "Then he began cultivating her as a prostitute, buying her provocative clothing, furnishing her with drugs, and taking her to watch other prostitutes at work, said San Rafael police Sgt. Scott Eberle." 33 Washington then "took her to the San Jose gambling event to sell sex to men there, tel I i ng her what services to offer and how much to charge. When she failed to earn enough money, the man had the girl beaten, Eberle said."34 Romancing potential victims is just one way pimps recruit their quarry. Traffi ckers often identify and play on thei r victims' vulnerabilities, thus creati ng a dependent relationship between victim and trafficker. They utilize a number of ways to recruit their victims. Traffickers may: • Pretend to romance victims, then force or manipulate them into prostitution ("Romeo pimps") 3) • Kidnap and beat them into submission until they agree to have sex with strangers. These "Gorilla pimps" are the most violent and brutal traffickers.36 • Lure victims with false promises of a job, such as modeling or dancing.37 • Befriend victims, introducing them to drugs and/or alcohol, then force them into prostitution.38 • Send another trafficking victim to recruit others.39 Romeo pimps are by far the most common. They offer love and support to gain their victim's trust. Many victims are trafficked out of foster homes. Imagine how easy this must be when a 31 Lonnie James Bean, " L GBTQ Youth at High Risk of Becoming Human Traff i cki ng Victims", June 26, 2013, http://www.acf. hhs.gov/bloO/2013/06/Igbtq-youth-at-hi gh-ri sk-of-becomi nz-human-trafficking-victims 32 The National Runaway Switchboard 33 Gary K l i en, "Suspect Accused of Pimping Underage Girl", May 30, 2016, Main IJ 34 Ibid. 35 Michelle Lillie, "How Street Traffickers Recruit Young Girls, Human Trafficking Search, March 17, 2014, http://hum antraffickinasearch. net/wp!how-street-traffickers-recruit-youn a-fzi r1 s 36 Ibid. 37 Polaris, Sex Trafficking in the U.S.: A Closer Look at U.S. Citizen Victims, May 2015, http:/Ipolarisproject.orelresources/sex-traffickin a -us -closer -look -us -citizen -victims 38 Michelle Lillie, "How Street Traffickers Recruit Young Girls, Human Trafficking Search, March 17, 2014, http://humantraffickingsearch.net/wp/how-street-traffickers-recruit-voung girls " Ibid. June 23, 2016 Marin County Civil Grand Jury Page 6 of 31 Human Sex Tmfcking foster child is unloved by parents, bounced from foster home to foster home and meets a pimp who shows them the first love and respect they have ever received. How Exploiters Control Their Victims Pimps break their victims down psychologically and develop control over them through a combination of feigned affection, intense manipulation, withholding addictive substances, cruel violence, and emotional abuse. As a result, victims become trauma -bonded to their traffickers. They become robbed of free choice. These victims may fear leaving for a number of reasons, including40: • Emotional attachment to the pimp is Fear of physical violence to self and/or children from the pimp • Shame • Feelings of isolation and low self esteem • Drug addiction • Psychological trauma as a result of chronic abuse and manipulation. • Traffickers often convince victims that they are outside the law and can never seek protection from the police Victims are treated as property, with some pimps claiming their ownership by branding. them with tattoos or symbols of the pimp' s name. In fact, one hospital discovered an RFI D4I chip embedded in a victim — like she was somebody's pet.42 Pimps often move their victims from town to town on a circuit. This constant movement through a region helps them control their victims, while keeping "fresh inventory" available to "johns".43 Role of the Internet in Sex Trafficking The Internet plays a significant role in both the recruitment of victims and "johns" . Traffickers use online classifieds. social media, and dating websites to contact both. They also may use postings on social media sites, such as Facebook, to monitor their victims' locations and activities. Pimps advertise the sexual services of victims anonymously and cost effectively on websites such as Backpage.com. In fact, 75% of underage sex trafficking victims said they had been advertised or sold onl ine.44 Even "johns" make use of the Internet, employing online forums to review their experiences and provide information about how to avoid law enforcement detection. 40 Grand jury interviews with law enforcement and social agencies 41 RFID (radio frequency identification) is a technology that incorporates the use of electromagnetic or electrostatic coupling in the radio frequency (RF) portion of the electromagnetic spectrum to uniquely identify an object, animal, or person. 42 Dan Gorestei n, " Healthcare Takes on the Fight Agai nst Traffi cki ng" , http://www.marketplace.org/20 1 6/03/02/heal th-c arethealth-c are-takes-fight-agai nst-traffick inc.; 43 Grand Jury interviews with law enforcement. 44 Thorn, Report on the Use of Technology to Recruit, Groom, and Sell domestic Minor Sex Trafficking Victims', 2015. June 23, 2016 Marin County Civil Grand Jury Page 7 of 31 Human Sex Trafcking Helping the Victim Escape The nature of human sex trafficking presents significant obstacles to those who seek to protect and assist the victims. As law enforcement receives more training on human sex trafficking and recognizes that they are victims rather than criminals, many agencies have stopped arresting them. Instead, law enforcement seeks to identify them, help them, and refer thein to social services, as well as arrest their exploiters. However, often these victims don't cooperate. They may: • Be experiencing an emotional attachment to a captor formed as a result of continuous stress, dependence, and a need to cooperate for survival. ■ Be afraid and intimidated by the traffickers ■ Be unaware of their rights and might not consider themselves victims ■ Have language barriers • Fear deportation ■ Distrust outsiders, particularly law enforcement ■ Be isolated due to repeated moves from location to location and kept away from others - repeatedly moved to different locations Thus, the job of helping victims and gaining testimony against the trafficker is very difficult. Police especially need to be aware of the link between human sex trafficking and domestic violence. A call to a domestic violence situation may be represented as a fight between intimates, when, in fact a pimp is beating his victim. Treating the Victim Once victims have escaped their exploiters, victims often require comprehensive services, starting with immediate safety, health and shelter needs. Physical medical needs may include treatment for i nj uri es from beatings, STDs, or substance abuse. Victims' mental health needs may include specialized counseling and recovery services. Additional help can include legal services, witness protection, interpreters, education, and life skills training. Finding shelter for minor victims is more complex than for adults. Since many jurisdictions no longer arrest minors for prostitution, emergency shelter may not be available during police detention and minors are released, having no place to go except to their exploiters. For longer- term victim shelters, foster homes are deemed far more effective than most group homes. In group homes, girls are at risk of being recruited back into prostitution by other girls in the facility. Ideally, foster parents should be certified in dealing with a traumatized child and some experts believe only one child should reside in a foster home if that child is a victim.4' Victim advocates and Health and Human Services professionals say foster homes should be culturally competent —African-Americans should be placed with African-Americans, Native Americans with Native Americans, where possible. LBGTQ children need specially tailored services.46 Importantly, human sex trafficking victims, both minors and adults, are often severely traumatized and require both immediate and long-term intensive trauma -informed treatment. These services are often in short supply, especially bi-lingual ones. 4' Interviews with victim advocates and Marin Health & Human Services. 46 Interviews with victim advocates and Marin Health & Human Services. June 23, 2016 Marin County Civil Grand Jury Page 8 of 31 Human Sex Trafficking METHODOLOGY The Grand Jury interviewed representatives from the following entities: • Alameda District Attorney' s office • Belvedere Police Department • Center for Domestic Peace • Central Marin Police Authority • Community Violence Solutions • Fairfax Police Department • FBI • Marin County Children & Family Services • Marin County Coalition to End Human Trafficking • Marin County District Attorney' s office • Marin County Probation Department ■ Marin County Public Defender's office • Marin County Sheriff's Office • Mill Valley Police Department • Novato Police Department • Oakland Vice Squad Unit • Ross Police Department • San Anselmo Police Department • San Rafael Police Department • Sausalito Police Department ■ Tiburon Police Department • West Marin Advocacy The Grand Jury conducted a survey with the following Marin fire departments: • Bolinas Fire Department • Corte Madera Fire Department • CSA #31 (Marin County Fire Department) • Kentfield Fire Department • Larkspur Fire Department • Marinwood Fire Department • Mill Valley Fire Department • Novato Fire Department ■ Ross Valley Fire Department • San Rafael Fire Department ■ Southern Marin Fire Department • Tiburon Fire Department The Grand Jury attended the following presentations on Human Trafficking: • First 5 Marin Children & Families Commission workshop on "Youth Safety: Human Trafficking in Marin", November 9, 2015 • Marin Child Abuse Prevention Council Presentation by Shared Hope International, January 21, 2016 The Grand Jury conducted online research and reviewed documents listed in the Bibliography. June 23, 2016 Marin County Civil Grand Jury Page 9 of 31 Human Sex Trafficking DISCUSSION The Prevalence of Human Sex Trafficking in Marin DeAnna Schlau from Community Violence Solutions, a nonprofit organization that helps victims of trafficking is reported to have stated that "Marin has had an attitude for a long time that it doesn't really happen here and we' re just getting on board with the fact that it really does happen here." 47 Human sex trafficking is hidden, but thriving in Marin because it is:48 • Next door to San Francisco, one of the nation' stop hubs for human sex trafficking, making it an easy stop on the"circuit" of victims transported around the Bay area and region. • Home to many wealthy "johns" able to pay with cash, thus enabling traffickers to charge more. is Geographically desirable to traffickers since it is near a major highway (101). Some Marin gangs have incorporated sex trafficking in their criminal repertoire, though, according to Marin law enforcement, not to the same degree as in San Francisco and the East Bay where gang involvement in sex trafficking is rampant. Traffickers move their victims on a circuit around the Bay Area and the region. Pimps, including those from Oakland, Vallejo, Sacramento, and San Francisco, bring victims to Marin because of demand. According to the Marin IJ, "Around the bay, there' s a quiet group of captives— mostly 12- to 17 -year old girls — who are living a revolving -door existence. They're swapped to a handful of Bay Area brothels every few weeks as the victims of human trafficking, Marin officials say." 49 "These gi ris stay about two weeks in every brothel, and then they' re changed to a different city" , said Rosie Alvarez, deputy probation officer.'0 Comprehensive statistics on human trafficking in Marin are hard to come by, just as they are nationally. First, the hidden nature of the crime makes it difficult to pursue cases. Second, the crime itself is under -reported because Marin has no comprehensive database for human trafficking. Common categories and shared definitions do not exist. Potential cases of human trafficking are often investigated and prosecuted under related offenses such as pimping, pandering, and prostitution, rather than trafficking, as specified under the California Penal Code §236.1.5 47 Daniel leChemtob, " Marin' s Hidden Trafficking Industry", October 20, 2015, http://redwoodbark.org!2015 /04lisolation-fear-manipulation-marins-hidden-human-trafficking*-industrv/ 48 Grand Jury interviews with law enforcement 49 StephanieWel dy, "San Rafael Forum Highlights Wide Devastation of Human Trafficking, Marin IJ, November 11, 2015. 5o Stephanie Weldy, "San Rafael Forum Hi ghl i ghts Wi de Devastation of Human Trafficking, Marin IJ, November 11, 2015. 51 Kamala Harris, "The State of Human Trafficking in California", 2012 June 23, 2016 Marin County Civil Grand Jury Page 10 of 31 Human Sex Trafficking San Francisco has a robust system for collecting human trafficking data.52 Not only have they created a common definition for all organizations to use, but they compile data from 19 organizations that deal with human trafficking: law enforcement agencies, other government agencies (e.g. Health & Human Services), and victim advocate and other community-based organizations. The Board of Supervisors should consider providing resources to the Marin County Coalition to End Human Trafficking to collect and analyze this data. Another option might be usinz. the newly approved health clinic data hub to compile this information once it's launched.' Pimps, "johns", and Iocations should be included. Lastly, Marin County lacks the resources needed to pursue more cases. Investigations into human trafficking cases are labor intensive as they involve highly detailed forensics around social media, the Internet, and cell phones. Thousands of messages and postings must be reviewed and code words deciphered. This hard evidence is particularly important as many potential victim witnesses fail to testify because they fear for their lives. Unlike San Francisco and Alameda County, Marin does not have a formal law enforcement human trafficking task force and has limited resources devoted to human trafficking. Without the means to fully pursue traffickers and conduct forensics, the number of prosecution cases is low. Despite the lack of firm statistics, two major Marin County anti -trafficking efforts address the scope of the problem: • The Marin County Uniform Law Enforcement Protocol for Human Trafficking: On April 9, 2015, the Marin District Attorney's office released protocols to ensure that M ari n County law enforcement agencies consistently identify the unique dynamics of human trafficking to serve victims and effectively respond to and investigate cases based on the best recommended practices. Police chiefs of all Marin cities and towns approved the protocols.'4 • Marin County Coalition to End Human Trafficking: A partnership was formed in 2014 by various agencies, nonprofits, civic groups, county government and law enforcement with a goal to educate the community and stop human trafficking in Marin County. This coalition is co-chaired by the Marin District Attorney and a victim advocate from Community Violence Solutions.55 The Grand Jury lauds the M ari n District Attorney' s Office for both creating the protocols and its major role in creating the coalition. Officers working on sex trafficking cases report that the protocols seem to be complete and that the DA' s off i ce is very responsive. 52 MWoe sTask Force On Anti -Human Trafficking, "Human Trafficking Report in San Francisco in 2015", August 2015. 53 Richard Halstead, "Marin Supervisors Authorize Funds for Health Clinic Data Hub", May 29, 2016, Marin li 54The Marin County Uniform Law Enforcement Protocol for Human Trafficking, April 9, 2015 55 Grand Jury interviews June 23, 2016 Marin County Civil Grand Jury Page 11 of 31 Human Sex Trafficking Who Are the Victims in Marin? Marin law enforcement notes that sex trafficking victims in Marin represent all socioeconomic groups; include domestic and international victims; are comprised of Marin residents and non- residents; and include minor victims. Wide socioeconomic spectrum: According to the Marin IJ, deputy probation officer Rosie Alvarez said, "We've seen cases in Novato and in affluent communities in San Rafael — it's across the board."6 Children in higher income bracket families are vulnerable as they often spend more time alone and generally live in households with fewer family members. As a result, access to unmonitored computer use often increases, bringing with it the risk of unsafe communications.57 Domestic and international victims: Sex trafficking victims range from refugees smuggled into the country to US or local girls from highly educated two parent families. According to the Marin IJ, " Refugees often from Mexico, Honduras, El Salvador, and Guatemala are seeking more opportunity in the country are also often preyed upon," said Tom Wi l son, Executive Director of Canal Alliance. Marin residents and non-residents: According to (former) Marin County Deputy District Attorney Chuck Cacci atore, " General I y we are seei ng Marin residents who are human trafficking victims, but we also see victims from out of the area Pimps have sex workers on a circuit." 5g Marin County Deputy District Attorney Nicole Pantaleo points out about half of the victims with whom she works are from Marin County.'9 Minor and adult victims: According to a report from Community Violence Solutions, a victim advocate nonprofit, approximately one third of the victims it aided in Marin between March 2015 and March 2016 were under the age of 18.60 An article in The Redwood Bark pointed out that in 2014 West Marin Advocacy, another victim advocate nonprofit, worked with 30 survivors of sex or labor trafficking. Again, one third were under the age of 18 and some were high school students from Tam High and Novato.61 Where Are The Victims in Marin? According to County law enforcement interviewed, human sex trafficking is most often found in San Rafael, Novato and Marin City. It takes place in almost all, if not all Marin hotels, including some of the more respected chains. Hotels and motels are the most common venues since they 56 Stephanie Wel dy, "San Rafael Forum Highlights Wide Derastati on of Human Trafficking, Marin I J, November 11, 2015. 57 Emily Dominique Sims, "Law Enforcement and Social Service Responses To Human Trafficking in Marin County, October 17, 2014, Sonoma State University '$ Derek Wilson, "Authorities Hit Brakes on Human Trafficking", January 14, 2015, Mai nscopeNewspapers, http://www. marinscope.com/news_pointer/news/authorities-h it-brakes-on-human-trafficking/article_fa439662- 9c32-11e4-a6da-2f35f8589b41.html 59 Dani el leChemtob, " Mari n'sHidden Traffickingindustry" , October 20, 2015, www.redwoodbark.org 60 Report to Soroptimist International of Marin from Community Violence Solutions outlining results of Soropti mi st' s grant of $25,000 to aid victims of human trafficking. 61 Danielle Chemtob, "Marin'sHidden Trafficking Industry", October 20, 2015, www.redwoodbark.org June 23, 2016 Marin County Civil Grand Jury Page 12 of 31 Human Sex Trafficking provide confidentiality for the"john". "Johns" can enter and exit thesebuiidingswithout it being obvious they are there seeking sex. Sex trafficking victims can also be found in Marin massage parlors. Within San Rafael'sCanal district, human sex trafficking is common, and few residents of San Rafael are aware of it. The Canal has a large population of migratory and often seasonal workers who have cash on hand. The availability of cash, paired with a large male population, has lured traffickers to set up apartments in the Canal where young girls are trafficked.67 One law enforcement official told the Grand Jury that prostitutes in the hotels make $200 per encounter and the ones in the Canal area make $40-$60. He said both types make the same amount of money in a night — it's j ust that the Canal prostitutes must work harder. How Marin Law Enforcement Finds and Prosecutes Traffickers Unlike some large metropolitan areas, Marin does not have a law enforcement task force focusing full-time on human trafficking. Instead, an informal part-time Human Trafficking Task Force has coalesced, consisting of a Street Crimes Unit officer from San Rafael, two County Sheriff' s deputies, and a probation officer. Members of this ad hoc task force, passionateabout human trafficking, conduct investigations as a "collateral" ascignment to regular duty and sometimes volunteer their time while off duty. When regular patrols happen upon a potential human trafficking case, they refer the case to the task force for investigation. Marin' s Human Trafficking Task Force often works with other law enforcement agencies, such as the FBI, and multiple county police departments in conducting stings. " Operation Cross Country", an on-going series of stings led by the FBI and M ari n' s task force, is frequently conducted in our county in concert with Central Marin and Novato police departments, as well as the Sheriff's Office and Probation Department. The goal of these sti ngs is to help victims escape their captors and arrest traffickers and "johns" .63 Several Marin agencies are also members of a regional task force, which consists of the FBI, Homeland Security, the California Department of Justice, as well as sheriff's offices, district attorneys, probation departments, and police departments of over 25 jurisdictions within the Bay Area.64 Collaboration among these agencies is critical due to the nature of the circulation of human sex trafficking victims around the region. The task force meets once a month to share information. Investigating and prosecuting cases can be difficult. According to Marin County Deputy District Attorney Chuck Caccatiatore, "We find people who arevictimsand don't even realize it. I once investigated what was reported as a domestic violence case, but was real l y sex trafficking." 6' 62 Sierra MarieTomsky, "Human Trafficking and Sexual Slavery: A Local Epidemic", May 2014, Dominican University of California http://scholar.dominican.eduicei/viewcontent.czi?article=1017&context=senior-theses 63 Grand Jury interviews with law enforcement. 64 San Rafael Police Department, Main Sheriff's Office, Novato Police Department, Marin District Attorney' s Office, Marin Probation, 6' Derek Wilson, "Authorities Hit Brakes on Human Trafficking", January 14, 2015, MarinscopeNewspapers, http://www.marinscope.com/news_poirater/news!authorities-h it-brakes-on-human-traffick inzlarticle_fa43966?- 9c32-1 1 e4-a6da-2f35 f8 589b41.html June 23, 2016 Marin County Civil Grand Jury Page 13 of 31 Hannan Sex Trafficking " A I most 100 percent of the time, they are always going to say that they are independent, they' re not victims, they' re doing this out of their own free will," Eberle said. "These girls have been brainwashed." 66 He also told the Redwood Bark, "Another major challenge in prosecuting trafficking cases is getting victims to testify against traffickers. Once you even get past that hump of convincing the victim that we are thereto help them out, it's scary to testify in court, to give a statement, to know that you are `snitching' on someone who has a gun." 67 Hence, there's a need for dedicated resources to conduct time intensive i nvesti gati ons to prove exploitation with or without the victim' s cooperation. Law enforcement must review thousands of messages on cell phones, in social media, and other modes of communication. Bank statements must be analyzed and code words must be deciphered. Though the Grand Jury I auds the work of M ari n' s informal Human Trafficking Task Force, the task force currently does not have adequate means to pursue more than just a few cases. It' sa chicken and egg dilemma.. the number of documented cases is not high due to lack of a dedicated resources; but, support for providing more resources is not shared by all Marin law enforcement because of the lower numbers of cases.68 Although quantifiable results are not available for established task forces in other jurisdictions, the Grand Jury believes one solution to documenting more cases and increasing prosecutions would be the creation of a dedicated full-time human trafficking task force. This would enable law enforcement to conduct the time intensive forensics necessary to get more convictions; document the extent of the problem in Marin; and provide the focus that is currently lacking to a very important problem — both publicly and among Marin law enforcement. A task force might also enable Marin to gain government grants for combating human trafficking. Such a task force might be partially financed from asset forfeitures of real estate, automobiles, cash, and jewelry, just as Marin's M ajor Crimes Task Force is currently supported. However, there is widespread disagreement about the need for this task force in Marin. The Grand Jury interviewed over 35 key law enforcement officers, victim advocates, DAs, and other key players in combating human trafficking. About half agreed Marin should devote specialized resources to this crime and half disagreed. Those who believed a dedicated human trafficking task force should not be created cited a number of reasons: 1. All Marin law enforcement agencies would need to form a Joint Powers Agreement (JPA) to provide the funds or manpower needed for the task force. A JPA can be difficult to maintain as resources for agencies, especially small town police forces, can be scarce. In fact, the Marin County Major Crimes Task Force, created as a JPA in 1977, has experienced periodic withdrawals and additions of various towns and cities in the partnership. A number of Marin' s towns believe human trafficking is not a problem for their jurisdictions and, hence, may not choose to devote resources to the crime. They 66 DanielleCherntob, " Mal n' s Hidden Trafficking Industry", October 20, 2015, www.redwoodbark.orgJ 67 Tbid 68 Grand Jury interviews with law enforcement agencies and district attorneys June 23, 2016 Marin County Civil Grand Jury Page 14 of 31 Human Sex Trafficking believe it's a problem for San Rafael and Novato to solve. Creating and maintaining a JPA may prove challenging. 2. Should such a JPA be feasible, some pointed out that this would reduce manpower devoted to other tasks and crimes, such as patrolling for burglaries and they could not support this trade-off. 3. Some will not support a task force unless they can see clear documentation of cases. As mentioned previously, this is not possible without dedicated resources. 4. A few felt that there was no need for local anti-human trafficking efforts as the crime is transient. They believe a regional approach to be more prudent as victims are constantly being cycled through various Bay Area locales, including Marin. The Grand Jury considered recommending the creation of a dedicated human trafficking task force and believes the number of documented cases would increase dramatically should such a team be formed. Other counties in the Bay Area, such as Alameda and San Francisco, have had such success with their task forces. However, we are not recommending this step at this time as citizen awareness is low and, hence, the political will to fund a task force is low. As Marin citizen awareness of the prevalence and horror of human trafficking increases and more precise data is captured, Marin should consider creating a formal dedicated full-time or part-time human trafficking task force. In conclusion, human sex trafficking may be most prevalent in San Rafael, Novato and Marin City, but "johns" come from all parts of Mari n.69 It exists everywhere. Marin should come together to see human sex trafficking as a problem for the entire county to solve. Training Law Enforcement in Human Trafficking In November 2012, voters passed Proposition 35, that requires a minimum of two hours of training in handling complaints of human trafficking for every law enforcement officer assigned to field or investigative duties. This training is often delivered via a two-hour Police Officer Standards and Training (POST) video. Training among Marin agencies at this time seems inconsistent and possibly not conforming with the law as not all law enforcement agency heads could confirm this training of their officers and/or which officers had received it. In April 20I5 the Marin District Attorney released the Marin County Uniform Law Enforcement Protocol for Human Trafficking, which was signed by each Marin police chief. All law enforcement should be trained in using these protocols. The Grand Jury interviewed representatives from all Marin County law enforcement agencies, including every police chief and the County Sheriff, and found that their officers have not been consistently trained in these protocols. 69 Grand Jury interviews with law enforcement. June 23, 2016 Marin County Civil Grand Jury Page 15 of 31 Malian Sex Trafficking According to the protocols7°, the goals of the training are to inform officers of: • Human trafficking laws • Marin County trafficking protocols • The department' s human trafficki ng pol icy and procedures • The signs and dynamics of human trafficking and its effects on victims • Therapeutically appropriate investigative techniques • District Attorney policies • Victim advocacy organizations working in their jurisdictions and resources available is Policy and procedures of other state and federal organizations collaborating with the department • Human trafficking issues specific to various cultures and lifestyles • Civil and immigration remedies and community resources • Protection of victims Unfortunately, our interviews revealed that some officers still believe that human sex trafficking victims are criminals and act accordingly. Additionally, many of our respondents pointed out that awareness of the victimhood and dynamics of human sex trafficking among law enforcement is similar to that of domestic violence situations thirty years ago, when it was not taken seriously nor prosecuted vigorously, and victim blaming was rampant. Most of our law enforcement and victim advocate respondents who work frequently with Marin sex trafficking cases feel that more training is needed among the rank and file. Some Marin law enforcement officers not working with human trafficking cases feel the current state of training is adequate." The Grand Jury recommends a multidisciplinary group to train law enforcement. This group might consist of Child and Family Services, a DA, victim'sadvocate, law enforcement human trafficki ng special ists, etc. This approach enables the group to better understand each other' s roles and facilitate a seamless approach to trafficking. How Marin Aids Its Victims Before the county started recognizing that "prostitutes" were very often "victims" of trafficking, almost all sex trafficking victims were arrested for prostitution. Today, Marin officers do not arrest individuals they perceive to be trafficking victims. After stings occur in Marin, young victims are detained and offered a number of resources to help them get their lives back on track, including shelter and counseling. However, they often choose to go back to their life with their exploiter out of fear for their lives. According to Marin law enforcement and victim advocates, it takes a number of contacts with the trafficking victim to move her (it is usually, but not always a she) on to recovery. Once the victim makes that move, she likely needs therapy immediately (and in the long -terns) because most are found to be severely traumatized. Ideally, everyone in relevant social service agencies and law enforcement should be trained in a trauma -informed approach to deal with victims. In Marin some have received this training and others have not. 70 Marin County Uniform Law Enforcement Protocol for Human Trafficking, April 2015 71 Grand Jury interviews with all police chiefs and some officers, the County Sheriff soffice, aid victim advocates. June 23, 2016 Marin County Civil Grand Jury Page 16 of 31 Hannan Sex Trafficking In addition, Marin County and victim advocate groups do not fund enough therapists to meet victim needs. And few, if any, are bilingual. And, at the"Youth Safety/Human Trafficking in Marin" workshop, November 2015, Laurel Freeman from the Center for Domestic Peace, pointed out that these victims often receive the services of the least experienced therapists — interns. Marin County's Children & Fami l y Services (CFS) take charge of minor victims, providing emergency care for all victims and long-term care for Marin residents. Foster homes are the shelter of choice, but unfortunately, Marin has a severe shortage of foster care and victims are often placed outside of Marin. This shortage will only grow worse as an administrative bill, California AB 403: "Foster Youth: Continuum of Care Reform", is proposing the elimination of many long-term group homes, shifting more children to foster homes.72 Counties will be charged with recruiting a large number of foster homes quickly and some fear the quality of homes recruited may decline to meet their goals. Compounding the shortage of foster homes for sex trafficking victims is the fact that many foster parents fear serving this population.73 Marin County' s CFS received a grant from the state and recently developed comprehensive interagency protocols for helping Commercially Sexually Exploited Children (CSEC), providing a seamless multi -disciplinary approach helping to eliminate duplication and fragmentation of services. These protocols were completed in February 2016 and CFS is currently in the process of implementing then. Several nonprofits aid adult victims in Marin, including: • Community Violence Solutions (CVS): a crisis intervention agency, providing victims of sexual or labor exploitation support, referral, and services in Contra Costa and Marin. Marin law enforcement, the FBI and social agencies often work with CVS, referring victims to the organization.74 • West Marin Advocacy: Serves San Geronimo Valley, Nicasio and Coastal Marin, providing assistance to sexual trafficking victims. Programs include court accompaniment, referrals to social service and legal service organizations, and expert training to nonprofit, governmental, and law enforcement.75 • Center for Domestic Peace: provides holistic services to sex trafficking victims, 76 including shelter, life skills, counseling, safety planning, legal services and more. 72 https:/!letinfo.leeislature.ca. ov/faces/billNavClient.xhtml?Dill id=201520160AB403 73 Grand jury interviews 74 http://www.cvsolutions.org 75 http://westmarinadvocacv.ore 76 http://www.centerfordomesticpeace.org June 23, 2016 Marin County Civil Grand Jury Page 17 of31 Hunan Sex Trafficking Outreach to Victims and the Public Two populations must be reached via communications campaigns: • Victims of human sex tracking, who need information on how to get help. • The public, which needs to understand the problem and he educated in how to identity trafficking and whom they should contact. A number of organizations are conducting or have conducted outreach to both victims and the public, including: ■ Center for Domestic Peace • Community Violence Solutions • League of Women Voters • Marin Organizing Committee ■ Shared Hope International • Soroptomist International of Marin ■ West Marin Advocacy Communication media typically include presentations to groups, billboards, posters, leaflets, websites, and bus advertising, depending on who is being targeted to receive the information. Some of the aforementioned groups pay particular attention to high-risk areas such as Canal Street because of the trafficking activity there. Spanish language communications are critical in this area. Despite the number of enthusiastic and well-regarded groups conducting outreach, their budgets are small and resources are too scarce to create the awareness and education needed, particularly in educating the public. Additionally, with seven or more organizations trying to get the word out, communications can be fragmented and possibly contradictory. The Grand Jury believes customized education campaigns on recognizing the signs of trafficking and reporting it should be provided to a number of different groups, including, but not limited to: • Students who need to recognize trafficking when it happens to a friend and understand how anyone can be recruited and endangered in social media. • Parents and teachers who can monitor and help youth. • Healthcare professionals who have special access to patients. • EMT and other emergency services who have access to environments closed to law enforcement. • Hospitality industry staff at lodgings who are exposed to trafficking as much of this crime takes place at hotels and motels in Marin. ■ Golden Gate transit and Marin Transit staff, especially bus drivers, who come in contact with victims. Education is particularly important for students, parents, and teachers. With the average age of recruitment being 12-14 (middle school age), a student who has received education can perhaps keep a friend from falling for a false pitch from a Romeo pimp, a parent can monitor their child' s social media activities, and teachers can report suspicious activities. June 23, 2016 Marin County Civil Grand Jury Page 18 of 31 Human Sex Trafficking The Marin County Office of Education (MCOE) has hosted a number of educational efforts for various school officials and the public, sponsored by community partners such as the Center for Missing and Exploited Children, the FBI, Voces de Marin, the Center for Domestic Peace, the Marin Organizing Committee, the Marin Child Abuse Prevention Council and more. Some efforts at the local middle school and high school levels have been implemented, though there is no evidence of a consistent systemic county -wide program to ensure education of students, teachers, and parents. The most effective way to provide this school training might be through the Marin County School/Law Enforcement Partnership, a collaboration of schools, law enforcement and community agencies. Their goal is to encourage and support a countywide effort to keep Marin schools and communities as safe and healthy environments for all students and families. Outreach to these audiences is critical and free resources are available online. For example, the National Human Trafficking Resource Center (NHTRC) has a number of tools for training and public outreach campaigns. According to this group, when a public outreach campaign is launched, NHTRC hotline sees a 30-60% increase in calls.77 Neighboring Alameda County has produced a number of campaigns and the Grand Jury recommends that the Marin County Coalition to End Human Trafficking use them where possible. In fact, the Alameda DA's office held Oakland focus groups with victims to learn to speak their language and craft the most effective appeals in their campaigns. The Role of The Marin County Coalition to End Human Trafficking The Marin County Coalition to End Human Trafficking (The Coalition) is a partnership of numerous social agencies, county government, civic groups, nonprofits and law enforcement agencies, with the goal of ending human trafficking via education, outreach, and advocacy. This coalition resides under the auspices of the Marin County DA office, co-chaired by the Marin District Attorney and a victim advocate from Community Violence Solutions. The Coalition was formed in 2014 to create a forum and to harness the resources of numerous agencies to achieve the group's goals. The coalition is not meant to replace the activities of its members, but to provide a platform for synergies around each organization's work. Outreach is one of the major functions of the organization and its objective is to reach the following audiences: • Potential and actual victims to warn them and tell them how to get help. • Potential and actual victim' sfamily and friends to alert them on how to recognize the signs of trafficking and what to do. • General public to increase awareness of the crime and its victims. The Grand Jury applauds the DA office and others who founded this coalition. The group meets approximately every three months and most participants are essentially volunteers, having full-time jobs — so most of the work is performed outside their normal jobs. There is no dedicated staff. Little funding is provided, although recently The Coalition received 77 http://www.traffickingresourecenter.org, June 23, 2016 Marin County Civil Grand Jury Page 19 of 31 Hannan Sex Trafficking $5,000 from the Board of Supervisors Community Fund (-0.001% of County budget) to create a website. While many coalition members believe the organization is making strong progress, some members feel the group is moving too slowly, is too fragmented, is too unwieldy, and committees aren't communicating well. Although the Grand Jury believes that The Coalition is moving as quickly as it can, it believes that much better progress can be made with dedicated resources, such as a full or part-time position handling outreach and coordination. The Coalition might be able to qualify for a grant for a dedicated position, as did the South Bay Coalition to End Human Trafficking.78 Additionally, our Marin coalition might consider filing for nonprofit status so that they can conduct fundraising to strengthen their resources. Training for Healthcare Professionals and EMS First Responders According to a 2014 Loyola University Chicago School of Law Report, 88% of domestic human trafficking victims reported having contact with a healthcare professional while being trafficked, and these professionals are often the only ones to interact with them while in captivity.79 These interactions were especially common for survivors who caught STD's, became pregnant while in their trafficking situation, or were hospitalized after physical and sexual assault. In 2012, the California Attorney General' s comprehensive report, "The State of Human Trafficking in California", recommended that First Responders and healthcare professionals be trained in identifying victims, determining their medical and mental health needs, and providing access to available resources.80 A number of hospitals and health systems around the country have launched training programs for their staff. Some states, including Florida and Michigan, require healthcare workers to receive some type of human trafficking training as part of their regular licensing process.81 But according to Dr. Jeff Barrows, director of US training at the anti -trafficking group Hope for Justice, "...most healthcare providers know little to nothing about trafficking and receive no training on how to identify and help victims. The vast majority is absolutely clueless. Only a handful is looking at it seriously.s8 All health systems, large and small, need the tools and education to help thwart trafficking. Though the Grand Jury has no authority to make recommendations to non-governmental Marin County health systems, it encourages all healthcare venues in Marin to train staff on recognizing the signs of human trafficking and connecting victims with available services. There are a 78 Grand Jury interviews 79 Laura J Lederer and Christopher A. Wetzel, "The Health Consequences of Sex Trafficking and Their I mpl i cions for identifying Victims in Healthcare FaciIities', 2014, http://www.luc.edu/law/centers/healthlaw/annals/archive/volume232014 80 Kamal a Harris, "The State of Human Trafficking in California", 2012 81 Maureen McKinney, "Hospitals Train Staff to Spot Victims of Human Trafficking, Modern Healthcare, June 20, 2015 82 ]bid June 23, 2016 Marin County Civil Grand July Page 20 of 31 Human Sex Trafficking number of free online courses tailored specifically for healthcare professionals, especially ER workers, available from various universities and the National Human Trafficking Resource Center (NHTRC).83 Correspondingly, firefighters and EMS professionals are in a unique position to encounter, identify, and report victims of human trafficking. In emergencies, first responders may be given access to victims and locations inaccessible to law enforcement. It is critical that these professionals be trained to recognize and report human trafficking. Training these first responders in scanning the emergency environment for signs of human trafficking and how to report it could result in more victim rescues and trafficker apprehensions. Training and tools are available for free online.84 Although some Marin fire departments have had training in human trafficking, many have not, and some who have been trained, have not been trained recently. Several departments use Blue Campaign training provided by the Department of Homeland Security. Also Learned: Labor Trafficking is Happening in Marin Marin Law enforcement has focused on sex trafficking because it is the more commonly identifiable form of human trafficking. However, the Grand Jury found that many law enforcement officers and victim advocates believe labor trafficking is taking place in Marin as well. Representatives from two victim advocate organizations interviewed said that they had received reports of labor trafficking for nursing homes, ranching, and farming, with one citing a victim rescued from forced labor as a nanny. Both organizations have come to the aid of labor trafficking victims. However, there are no recent arrests for labor trafficking, likely due to: • The far more under -investigated and under -reported nature of labor trafficking (versus sex trafficking), • The higher visibility of sex trafficking, • A lack of law enforcement resources to pursue it. CONCLUSION Despite the fact that the Bay Area is one of the largest human trafficking markets in the US, many Marin County citizens have little or no awareness that it exists in our community. Though trafficking victims bear the brunt of the human costs of being trafficked, the community must bear immense social costs, such as truancy, homelessness, the rising need for medical and mental health services, and expanding law enforcement efforts. It is time for Marin to wake up and recognize the prevalence of human trafficking in our communities. The Grand Jury urges the County and its cities and towns to devote more resources to combating this scourge, rescuing its victims, and helping these victims return to society. 83 National Human Trafficking Resources Center: https://traffickingresourcecenter.org/material-type/online- trainings 84 www.dhs.gov/blue-campaign/awareness-training June 23, 2016 Marin County Civil Grand Jury Page 21 of 31 Human Sex Trafficking FINDINGS F I . Human sex trafficking is mostly unrecognized, under -reported, and rarely subject to intervention in Marin. F2. A significant number of human sex trafficking victims are from Marin, not just transients imported from other areas. F3. Reports from two Marin County victim advocate organizations show that approximately 30% of the victims they aid are under the age of 18. F4. Some Marin County law enforcement officers still believe some human trafficking victims are criminals. F5. State law mandates that officers receive two hours of training on human trafficking and some Marin agencies may not be complying with this law. F6. Training of Marin County law enforcement on the Marin County Uniform Law Enforcement Protocol for Human Trafficking has been inconsistent across agencies. F7. Law enforcement officers and others who are closest to human trafficking believe the California mandated two-hour POST training video on human trafficking is not sufficient. F8. Marin law enforcement agencies rarely use multidisciplinary training, incorporating collaboration between Children Family Services (CFS), the District Attorney, law enforcement experts, and possibly victims. F9. Training for firefighters and EMS professionals in recognizing human trafficking victims and reporting the crime is inconsistent in Marin. F10. It is difficult to determine the extent of human trafficking in Marin because of inconsistent classification and definitions of the crime, as well as the lack of a central clearinghouse for this data. FI 1. The Marin County school districts do not provide education on a systematic basis for students, parents and teachers in recognizing signs of human trafficking. F12. Human trafficking outreach has been fragmented and is currently insufficient in reaching critical audiences. F13. The Marin County Coalition to End Human Trafficking Coalition needs dedicated resources to make it more effective. June 23, 2016 Marin County Civil Grand Jury Page 22 of 31 Human Sex Trafficking RECOMMENDATIONS Rl. All law enforcement officers should be consistently trained in the Marin County Uniform Law Enforcement Protocol for Human Trafficking. R2. All Marin law enforcement agency heads should ensure their officers receive the California mandated two hour human trafficking training. R3. The Board of Supervisors should convene a local group of human trafficking experts (including CFS, law enforcement subject experts, FBI, victim advocates, DA's, and perhaps a victim) to create a multidisciplinary training presentation. This training should include the unique roles of all County personnel, resources, and processes in addressing human trafficking. Additional resources will be needed to support this training as none are devoted to this task now. This training should include information on the trafficking of females and males, as well as LGBTQ. R4. Once this multi -disciplinary training package is completed, Marin County law enforcement agencies should ensure that all Marin law enforcement officers be trained. R5. Marin County fire departments should ensure that all EMS personnel are trained in recognizing human trafficking and how to report it, and incorporate this in their annual training. R6. The Board of Supervisors should fund the creation of a database that systematically tracks adult and minor victims, using consistent classification and shared definitions to properly identify the victim and the crime, as well as document its prevalence. Data should be gathered from any organization dealing with trafficking victims, including law enforcement agencies, government agencies (e.g. Marin County Health & Human Services), civic organizations, and victim advocate organizations. R7. Marin County Office of Education should work with the Marin County School/Law Enforcement Partnership to develop educational programs to ensure that students, parents, and teachers are trained in recognizing the signs of human trafficking and where they can find help. R8. The Board of Supervisors should provide the Marin County Human Trafficking Coalition resources necessary to expand community outreach to schools, faith communities and the public. The Coalition should explore a grant for a dedicated position that supports coalition logistics and outreach campaigns. June 23, 2016 Marin County Civil Grand Jury Page 23 of 31 Human Sex Trafficking REQUEST FOR RESPONSES Pursuant to Penal code section 933.05, the Grand Jury requests responses as follows: From the following governing bodies: ■ Bolinas Fire Protection District: F1 -F13, R5 • Bolinas-Stinson Union School District: F1 -F13, R7 ■ Central Marin Police Authority: F 1 -F 13, R1 -R7 • City of Belvedere: Fl -F13, R1 -R7 ■ City of Larkspur: F1 -F13, R1 -R7 ■ City of Mill Valley: F1 -F13, R1 -R7 • City of Novato: Fl -F13, R1 -R7 • City of San Rafael: FI -F13, R 1-R7 • City of Sausalito: F1 -F13, RI -R7 • CSA #28 (West Marin Paramedic): F1 -F13, R5 • CSA #31 (County Fire): F1 -F13, R5 ■ Dixie School District: Fl -F13, R7 • Kentfield Fire Protection District: F1 -F13, R5 • Kentfield School District: Fl -F13, R7 ■ Lagunitas School District: F1 -F13, R7 ■ Larkspur -Corte Madera School District: F1 -F13, R7 • Marin County Board of Supervisors: FI -F13, R1- R8 • Marin County Office of Education: Fl -F13, R7 • Marinwood Community Service District: F 1-F 13, R5 • Mill Valley School District: F I -F13, R7 • Nicasio School District: FI -F13, R7 • Novato Fire Protection District: F1 -F13, R5 • Novato Unified School District: F1 -F13, R7 • Reed Union School District: F1 -F13, R7 ■ Ross School District: Fl -F13, R7 ■ Ross Valley Fire Department: F1 -F13, R5 • Ross Valley School District: Fl -F13, R7 ■ San Rafael School District: F1 -F13, R7 • Sausalito Marin City School District: F1 -F13, R7 • Shoreline Unified School District: F1 -F13, R7 • Southern Marin Emergency Medical -Paramedic System: F1 -F13, R5 • Southern Marin Fire Protection District: F1 -F13, R5 ■ Stinson Beach Fire Protection District: F1 -F13, R5 • Tamalpais Union High School District: F2 -F23, R7 • Tiburon Fire Protection District: Fl -F13, R5 • Town of Corte Madera: F1 -F13, R1 -R7 • Town of Fairfax: F1 -F13, R1 -R7 • Town of Ross: F 1-F 13, R1 -R7 • Town of San Ansehno: FI -F13, R1 -R7 ■ Town of Tiburon: F1 -F13, R1 -R7 June 23, 2016 Marin County Civil Grand Jury Page 24 of 31 Human Sex Trafficking The governing bodies indicated above should be aware 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: Fl -F13, RI -R4, R6 -R7 is The District Attorney: F 1-F 13, R1 -R4, R6, R8 • Marin County Superintendent of Schools: Fl -F13, R7 The Grand Jury invites the following individuals to respond: ■ Police Chief, Belvedere Police Department: Fl -F13, R1 -R4, R6 -R7 • Pol i ce Chief, Central Marin PoI i ce: Fl -F 13, R1 -R4, R6 -R7 • Fire Chief, Corte Madera Fire Department: Fl -F13, R5 • Police Chief, Fairfax Police Department: F1 -F13, R1 -R4, R6 -R7 • President, Falcon Critical Care Transport: F1 -F13, R5 ■ President, Falck/verihealth, Inc.: FI -F13, R5 • Fire Chief, Larkspur Fire Department: F1 -F13, R5 ■ President, Marin County Fire Chiefs Association: F1 -F13, R5 • President, Marin County Police Chiefs Association: F1 -F13, R1 -R4, R6 -R7 • Fire Chief, Mill Valley Fire Department: F1 -F13, R5 • PoliceChief, Mill Valley Police Department: F1 -F13, R1 -R4, R6 -R7 • Chief Executive Officer, NORCAL Ambulance: Fl -F13, R5 • Police Chief, Novato Police Department: Fl -F13, RI -R4, R6 -R7 • Police Chief, Ross Police Department: F1 -F13, RI -R4, R6 -R7 • Fire Chief, San Rafael Fire Department: F1 -F13, R5 • Police Chief, San Rafael Police Department: F1 -F13, R1 -R4, R6 -R7 • Police Chief, Sausalito Police Department: Fl -F13, R1 -R4, R6 -R7 • President, St. Joseph's Ambulance Service: F1 -F13, R5 • Police Chief, Tiburon Police Department: F1 -F13, R1 -R4, R6 -R7 At the time of publication of this report all website information was accurate as published. 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. June 23, 2016 Marin County Civil Grand Jury Page 25 of3l Human Sex Trafficking BIBLIOGRAPHY Government Documents Marin County DA, "Marin County Uniform Law Enforcement Protocol for Human Trafficking", April 9, 2015. KamalaHarris, "The State of Human Trafficking in California", 2012 Chi Id Welfare Counci I CSEC Action Team, " I mprovi ng Cal ifornia's M ulti -System Response to Commercially Sexually Exploited Children: Resources for Counties", multi pl e documents 2013- 2016. AB403 (Stone): Foster Youth: Continuum of Care Reform bill, February 16, 2016. South Carolina Human Trafficking Task Force, "South Carolina State Plan to Address Human Trafficking" June 12, 2014. California Commission on Peace Officer Standards and Training (POST), "Post Guidelines on Law Enforcement Response to Human Trafficking, 2014. Miami -Dade County Grand Jury, "Enslavement of Our Children: Identifying and Combating Human Sex Trafficking in Our Community", Fall 2012. Orange County Grand Jury, "Sex Trafficking of Girls", 2012. Press Release, Office of the District Attorney, Marin County, CA, "Marin County Human Trafficking Task Force" , July 28, 2014. Mayor's Task Force On Anti -Human Trafficking, "Human Trafficking Report in San Francisco in 2015" , August 2015. Articles Dan Gorenstein, " Healthcare Takes on the Fight Against Trafficking" , March 2, 2016, ww•w.marketplace.org Nicholas Kristof, "Every Parent's Nightmare" , March 10, 2016, The New York Times. Pri sci I l a Alvarez, "When Sex Trafficking Goes U nnoti ced in America" , February 23, 2016, The Atlantic magazine. Noah Berlatsky, "Child Sex Workers' Biggest Threat: The Police, January 20, 2016, The New Republic magazine. Youthlaw.org," Counties Across California Explore M ulti-Agency Responses to CSEC", July 2015 newsletter. June 23, 2016 Marin County Civil Grand Jury Page 26 of 31 Human Sex Trafficking Meredith Dank, et al, "Estimating the Size and Structure of the Underground Commercial Sex Economy in Eight Major US Cities", March, 2014. Derek Wilson, "Sex Trafficking Pandemic' Impacts Marin County, M ari nscope, September 17, 2014. Danielle Chemtob, " Marin' s Hidden Trafficking Industry", October 20, 2015, www.redwoodbark.org Megan Hansen, "Marin Human Trafficking Task Force Aims to Raise Awareness, Train Law Enforcement" , August 2, 2014, Marin I J. Margaret Ballou, "Marin Voice: Human Trafficking isa Local Problem", April 11, 2015, Marin IJ. Joanne Williams, "Stuck in Traffic: A Look at Human Trafficking in Marin", January 8, 2015, Pacific Sun. Stephanie Powell, "Heroes of Marin: Emily Sims", December 24, 2014, Pacific Sun Gary Klein, "Trial Ordered for Couple in Pimping Case', August 25, 2015, Marin IJ. Lisa Fernandez, "Rapper ' M itchy Sl i ck' Arrested on Kidnap, Human Trafficking, Porn Charges, NBC Bay Area. Gary Klein, "San Rafael Prostitution Sting Trips 10 Suspected Johns at Hotel", February 4, 2016, Marin IJ. John Flynn, "Everyday Prostitutes Caught Up in Human -Trafficking Hysteria Around the Super Bowl, February 3, 2016, Pacific Sun. Katy Steinmetz, "Oakland Launches Pimp -Shaming Website" , July 2, 2014, Time magazine. Goldie Taylor, "The Sex -Trafficking Victim Next Door, January 22, 2016, The Daily Beast. John Meekins, "Human Trafficking Thrives Because Officers Don't Know What It Is", August 5, 2014, In Public Safety, American Military University. Post Staff, "Human Trafficking a Rising Concern in Marin County", July 10, 2015, The Post News Group. Gary Klein, "Novato Man Sentenced to Prison for Pimping Runaway", Marin I J, March 18, 2016. Maureen McKinney, "HospitalsTrain Staff to Spot Victims of Human Trafficking, Modern Healthcare, June 20, 2015. Christopher Gray, Barry Phegan, "San Rafael First -Responders Are Going a Step Further", Marin IJ, October 25, 2015 June 23, 2016 Marin County Civil Grand Jury Page 27 of 31 Hunan Sex Trafficking Michelle Lillie, "How Street Traffickers Recruit Young Girls, Human Trafficking Search, March 17, 2014, http://humantraffickingsearch.net/wp/how-street-traffickers-recruit-voune-girls Stephanie Weldy, "San Rafael Forum Highlights Wide Devastation of Human Trafficking, Marin IJ, November 11, 2015. Laura J Lederer and Christopher A. Wetzel, "The Health Consequences of Sex Trafficking and Their Implications for Identifying Victims in Healthcare Facilities", 2014, http://www.luc.edu/law/centers/healthlaw/annals/archive/volume232014 Thorn, Report on the Use of Technology to Recruit, Groom, and Sell domestic Minor Sex Trafficking Victims", Texas Christian University 2015. Hope Gillete, "Disturbing New Report Details Hispanic Role In Sex Traffic", HuffPost Latino Voices, April 6, 2014. Elizabeth Pathy Sal ett, L I CSW, "Human Trafficking and Modem Day Slavery", Human Rights & International Affairs Practice Update, November 2006, http:,/socialworkers.org; diversitv'afl irmative_actionihumanTraff is 1206. f Derek Wilson, "Authorities Hit Brakes on Human Trafficking", January 14, 2015, Marinscope Newspapers, http://tvww.marinscope.com/news_pointer/news/authorities-hit-brakes-on-human- traffickinu/article fa439662-9c32-1 1 e4-a6da-2f35f8589b41.htm1 NPR Youth Radio, "Trafficked Teen Girls Describe Life In 'The Game"', December 6, 2006, http:/./www.np r.onz/2010/12/06/131757019/vouth-radio-trafficked-teen-airls-describe-fife-in-the- eanie Lonnie James Bean, "LGBTQ Youth at High Risk of Becoming Human Trafficking Victims", June 26, 2013, http:/hvww.acf.hlls.gov/blo{a/2013/06/1Ebtq-youth-at-high-risk-of-becominn- human-trafficking-victims Gary K I i en, "Suspect Accused of Pimping Underage Girl" , May 30, 2016, Marin IJ. Janis Mara, "Gang Activity 'Very Low' in Marin", June3, 2016, Marin IJ Richard Halstead, "Marin Supervisors Authorize Funds for Health Clinic Data Hub", May 29, 2016, Marin IJ. Websites Center for Domestic Peace: WWW. centerfordomesticpeace.orq Community Violence Solutions: www.cvsolutions.org National Human Trafficking Resource Center: www.traffickingresourcecenter.org Bay Area Anti -Trafficking Coalition (BAATC): www.baatc.org June 23, 2016 Marin County Civil Grand Jury Page 28 of 31 Hauanan Sex Tracking West Marin Advocacy: httpl/:westmarinadvocacv.org Soroptimist International: www.soroptimistinternational.ora Polaris Project: www.polarisproject.org Blue Campaign, Department of Homeland Security and Department of Education: www.dhs.gov/blue-campaiaii Shared Hope International: Nvww.sharedhope.org Marin Women' s Commission: www.marinwomen.ora/human-trafficking-studv San Francisco Collaborative Against Human Trafficking: www.sfcahtorg Human Trafficking Search Global Resource & Database: www.humantraffickinesearch.net California Against Slavery: http://californiaaaainstslavery.org H.E.A.T. Watch, Alameda District Attorney's Office, www.heatwatch.ora Marin County Office of Education, School/Law Enforcement Partnership, wwvw.marinschools.or;/SafeSchools/Pages/School-Law-Enforcement-Partnership.aspx Studies Urban Institute of Justice, submitted to National Institute of Justice, "Identifying Challenges to Improve the Investigation and Prosecution of State and Local Human Trafficking Cases" April 2012 Richard J. Estes and Neil Alan Weiner, "The Commercial Sexual Exploitation of Children In the U. S., Canada and Mexico", University of Pennsylvania, September 19, 2001 College/Graduate Thesis SierraMarieTomsky, "Human Trafficking and Sexual Slavery: A Local Epidemic", May 2014, Dominican University of California. http://scholar.doniinican.edu!ci/viewcontent.cgi?article=l 017&context=senior-theses Emily Dominique Sims, "Law Enforcement and Social Service Responses To Human Trafficking in Marin County, October 17, 2014, Sonoma State University. June 23, 2016 Marin County Civil Grand Jury Page 29 of 31 Hunan Sex Trafcking Appendix A: Penal Code Section 236.1 PC 236.1. (a) Any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, is guilty of human trafficking and shall be punished by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than five hundred thousand dollars ($500,000). (b) Any person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of Section 266, 2661, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human trafficking and shall be punished by imprisonment in the state prison for 8, 14, or 20 years and a fine of not more than five hundred thousand dollars ($500,000). (c) Any person who causes, induces, or persuades, or attempts to cause. induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of Section 266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human trafficking. A violation of this subdivision is punishable by imprisonment in the state prison as follows: (1) Five, 8, or 12 years and a fine of not more than five hundred thousand dollars ($500,000). (2) Fifteen years to life and a fine of not more than five hundred thousand dollars ($500,000) when the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person. (d) In determining whether a minor was caused, induced, or persuaded to engage in a commercial sex act, the totality of the circumstances, including the age of the victim, his or her relationship to the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be considered. (e) Consent by a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section. (f) Mistake of fact as to the age of a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section. (g) The Legislature finds that the definition of human trafficking in this section is equivalent to the federal definition of a severe form of trafficking found in Section 7102(8) of Title 22 of the United States Code. (h) For purposes of this chapter, the following definitions apply: (1) "Coercion" includes any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; the abuse or threatened abuse of the legal process; debt bondage; or providing and facilitating the possession of any controlled substance to a person with the intent to impair the person's judgment. (2) "Commercial sex act" means sexual conduct on account of which anything of value is given or received by any person. (3) "Deprivation or violation of the personal liberty of another" includes substantial and sustained restriction of another's liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out. (4) "Duress" includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act which he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess any actual or purported passport or immigration June 23, 2016 Marin County Civil Grand Jury Page 30 of 31 Human Sex Trafficking document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or immigration document of the victim. (5) "Forced labor or services" means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person. (6) "Great bodily injury" means a significant or substantial physical injury. (7) "Minor" means a person less than 18 years of age. (8) "Serious harm" includes any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or commercial sexual acts in order to avoid incurring that harm. (i) The total circumstances, including the age of the victim, the relationship between the victim and the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be factors to consider in determining the presence of "deprivation or violation of the personal liberty of another," "duress," and "coercion" as described in this section. June 23, 2016 Marin County Civil Grand Jury Page 31 of 31 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 3, 2016 Agenda Item: STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Office of the Town Manager Sp:, 'al Event Permit Application by Tiburon Fire Protection District — S./el.'e Park BACKGROUND The Tiburon Fire Protection District (the District) has submitted a special event permit application to stage an event in Shoreline Park on October 1, 2016 in conjunction with the District's Diamond Jubilee weekend. The evening before, September 30, the District is hosting the Friday Nights on Main Celebration, marking the culmination of FNOM for the year. The District event is a new event and is governed by the Town's Shoreline Park Policy. If approved, it will be the fifth event in the Park this year (five events are allowed per year, under the policy). The other events are 1) the Classic Car Show; 2) the RCP Tiburon Mile; 3) Tiburon Taps Beer Festival, and 4) the Tiburon Half Marathon (which includes Shoreline Park in its route). The District proposes a parade of antique fire trucks that will start in Belvedere and wind its way to Shoreline Park. Once there, the trucks will be parked (similar to the Classic Car Show), which will allow people to view and admire them. Although all of the details associated with the proposed event have not been finalized, it is anticipated the event will have other activities including: amplified music, food and alcohol sales, and a demonstration of the recently -acquired District fireboat. ANALYSIS Special events in Tiburon are governed by the Town's Special Event Permit Policy which states that ..."events to be held on public property shall be limited in scope to activities which do not detrimentally impact the community." Under the policy, The Town Manager is responsible for evaluating the potential impacts of a proposed event. Factors shall include, without limitation, the following: 1. Impacts on Noise 2. Impacts on Traffic 3. Impacts on Parking 4. Impacts on the "General Environment" TOWN OF TIBURON PAGE 1 OF 3 Town Council Mket ng August 3. 2016 Noise Chapter 25-1 of the Town Code requires that any amplified music and/or voice amplification in a non-residential zone be approved in writing by the Town Manager. The Shoreline Park Policy further states that "any voice or music amplification in Shoreline Park should be kept to a reasonable volume." If approved by Council, staff will work with the District to ensure any amplified music complies with this requirement. Traffic As noted, the permit requests the closure of Paradise Drive from Tiburon Boulevard to Mar West. A detour is requested starting at Beach Road, and will direct traffic to travel along Mar West Street to bypass the event. Staff anticipates utilizing the Town's mobile electronic sign to notify residents of the upcoming detour. Parking The public would be required to find their own parking, possibly at the Lyford Drive lot, and other parking lots downtown (CVS, Bank of America, etc.). Attendees will no doubt include many residents of Tiburon or Belvedere, who may be able to walk or bike to the event. General Environment Although Staff does not anticipate any other environmental impacts from the event, it is important to note the Tiburon half Marathon is scheduled for Sunday October 2, which is the day after the proposed District event. OTHER CONSIDERATIONS Event Hours The proposed event would occur between the hours of 10:00 a.m. and 5:00 p.m. (Including set up and breakdown time). The Shoreline Park Policy limits the hours of operation of an event to the hours of 8 a.m. to 10 p.m. on Fridays and Saturdays, although it allows the discretion of the Town Manager to accommodate logistical needs that vary from this under certain circumstances. The proposed event complies with this requirement. Open to the Public The Town does not allow use of public spaces for private groups or organizations wishing to stage events that are not open to the public. The proposed event will be open to the public with no admission fee. Financial Impact In its permit application, The District has requested assistance from the Town's Public Works Department that includes delivery and pick-up of barricades before and after the event, use and placement of the Town's electronic sign board, and provision of garbage cans and liners. Staff is also working with the District to determine what, if any, level of Police presence is appropriate. Chief Pearce will be available at the Council meeting to answer questions about the event. To 01; 71131 I0NZ Parc , of 3 .Lo 'n Council \lectin; \.ugust 3. 2016 RECOMMENDATION Staff recommends that the Town Council: 1. Review the Special Event Permit application and ask questions of staff and the applicant; 2. Hear any public testimony about the proposed events; and 3. Indicate its approval of the permit as submitted, or modify or deny the permit. Exhibits: Special Event Permit Application Use of Shoreline Park — Special Events Policy Special Event Permits Policy Prepared By: Diane Crane Iacopi, Tiburon Town Clerk rO wTi1n1a;ON P.rRc of 3 Town of Tiburon 1505 Tiburon Boulevard • Tiburon CA 94920 415-435-7373 COVE JUL 14 2096 2016 TOWN CLr_RK SPECIAL EVENT PERMIT APPLICATION TOWN OF TIBURON FOR USE OF PUBLIC PROPERTY Name of Event: 1 (.S 0 Q0 C"t (2.A_ , 5 T2 G j - , (:) M -::10 e ; (. `z_ 7.5 Date of Event: S c3 301)1 /Cc@vz 1'' Qo(6 Name of Organization: c? !W f CiV6,3 /7-1' 640A L"fz Type of Organization (IRS 501(C) or for profit): 5a C Mailing Address \ L-19 1 t (Id 2d- ij Lv City d'''am Zip S 0'2 Business Phone Number: (9 ( L( Zd 4) Evening Phone Number: ((i/ S) y 3 s - 7200 Cellular Phone Number: ( ) Contact Person "ON SITE" day of event: (Note: This person must be in attendance for the duration of the event and immediately available to Town Officials.) FAX Number: ( (/ ) y351 -120c Cellular Phone Number: ( ) Alternate Contact Person "ON SITE" day of event: C_*e-/A Cellular Phone Phone Number: ( ( ) 32 E - ► 3 Z3 TYPE OF EVENT: I Block Parry ❑ Carnival ❑ Street Festival ❑ Wedding Parade ❑ Race/Walk/Run Fundraising Event 0 EVENT ACTIVITIES: ,41 Food Service `? Fireworks O Lights/Laser lEr Live Animals 0 Drawing/Raffle `gr Amplified Music O Motion Picture 0 Location of Event: 1(SAD) 0 L5/152iL f") (Attach Map to illustrate area) 5-(-V.5741)-5(1) Q41144 -- Date and hours of operation: (Indicate actual set-up and close down dates) Date: i U ( Start time: 16 M - Finish time: Actual "open to the public" or "advertised" event hours: a Date: � L ( Start time: /G �M - Finish time:1/-.6 ` AM Town of Tiburon 1505 Tiburon Boulevard - Tiburon CA 94920 415-435-7373 Estimated attendance: /0 D 0 Admission fee (If applicable): N / A Will items or services be sold at the event? Yes 0 No If yes, please describe: 'tklT �1 L2;,c iA 5(1.2 i S ENTERTAINMENT: 1 -*311 /5A-0. (1121Ar&_• Yes No O Are there any musical entertainment features related to your event? O Will sound amplification be used? ( Start time: AM/PM — Finish time: AM/PM O Will sound checks be conducted prior to the event? ( Start time: AM/PM — Finish time: AM/PM Amplification is subject to approval by the Town Manager pursuant to Chapter 25-1 of the Town Code. ALCOHOL: Yes No 0 Does the event involve the sale or use of alcoholic beverages? T 0 Does the event require an ABC permit? O If yes, the Town must have a copy of the permit prior to approval of the event. STREET OR SIDEWALK CLOSURE: Yes No O Does this event involve a moving route of any kind along streets, sidewalks or highways? If yes, attach a detailed map of your proposed route, indicate the direction of travel, and provide a written narrative to explain your route and its impact. O Is street closure sought? If yes, who will place and pick up the barricades? Town of Tiburon 1505 Tiburon Boulevard • Tiburon CA 94920 415-435-7373 PUBLIC WORKS DEPARTMENT: Describe request for Public Works Department assistance, if any: 441-1- / (`mak 3 Public Works Department assistance will be provided based upon availability of staff time and materials. Applicant will be billed for staff time at rates established by the Town. Do you have a cost recovery agreement on file? 0 Yes L'SL'No ACCESSIBILITY, SANITATION, RECYLING: The event sponsors shall maintain safe and accessible paths of travel in the public right of way, as required by the Americans with Disabilities Act (ADA) and state law. Accessible paths of travel must be at least four feet wide and free from debris and other obstructions. For further details, see the ADA Checklist provided by Town staff. Applicants are also encouraged to hire their own ADA consultant to ensure compliance. Portable and/or Permanent Toilet Facilities: • Number of portable toilets: I REQUIRED One for every 250 people • Number of ADA Accessible toilets: 1 REQUIRED -± 10% of total portable toilets. • Note: Unless the applicant can substantiate the availability of adequate accessible and non - accessible toilet facilities in the immediate area of the event site, the above is required. Trash Containers and Dumpsters • Number of Trash Cans: • Number of Dumpsters w/lids: • Recycling Containers: '- REQUIRED - One for every 400 people Describe the plan for clean-up and removal of waste and garbage during and after the event: Note: IMMEDIATELY UPON CONCLUSION OF THE EVENT, THE VENUE MUST BE RETURNED TO A CLEAN CONDITION. Town of Tiburon 1505 Tiburon Boulevard - Tiburon CA 94920 415-435-7373 It is the Event Organisers' responsibility to dispose of waste and garbage throughout the event. The Town does not provide clean up services for special events. If clean-up during or after the event is required, the Tiburon Department of Public Works will bill the applicant for staff time and overtime at rates established by the Town. SECURITY Yes ,No ❑ �L�.% Is there a Professional Security organization hired to handle security arrangements for this event? If yes, please list: Security Company: Security Organization Address: Security Director (Name): Phone: POLICE ON SCENE: Number of uniformed officers requested: Does this event have a cost recovery agreement on file? 0 Yes Police primary duties/responsibilities: Parking lot patrol: 0 Yes Interior venue patrol: 0 Yes Stationary entrance security: 0 Yes Exterior: Other: ❑ No ❑ No ❑ No Dates & Hours: PARKING PLAN • SHUTTLE PLAN • MITIGATION OF IMPACT Note: Parking, traffic congestion, and environment pollution are all factors for concern with events. Consider and encourage the use of car pools, public transportation, and alternate modes of non-polluting transportation when in the planning stage of the event. If the ratio of total attendance to available parking spaces exceeds three (3) people per parking space, off-site parking and shuttle service shall be provided to avoid illegal parking and to ensure emergency access for emergency vehicles is available at all times. Town of Tiburon 1505 Tiburon Boulevard • Tiburon CA 94920 415-435-7373 Parking and Shuttle plans (provide a detailed description of locations and parking lots to be used): Impact to surrounding areas --residents, businesses, etc. (Describe impact and plan to notify those impacted): ) (L. 1) IVV\/l, titG INSURANCE REQUIREMENTS: Insurance information must accompany the application materials. Liability insurance can be purchased through the Recreation Department, at 435-4355, or your own carrier. The Town of Tiburon must be named as an additional insured. The insurance information should include an endorsement providing the Town, its agents, officials and employees, primary and non-contributory coverage for claims, losses, etc. arising from the exercise of the permit. Is the insurance endorsement attached? 0 Yes 5No To be completed by Applicant: I have read, understood and accepted the foregoing conditions and the following: 1. The Town reserves the right to deny any special event permit, impose any conditions it deems appropriate, and require payment for costs associated with an event, such as police and public works services. (Gatherings for the purpose of espousing views as permitted by the First Amendment do not require a permit.) Permission for an event in one year does not imply permission in future years. 2. Owner shall indemnify, defend and hold harmless the Town and its officials, employees, agents and contractors, from any claims, losses, damages or other liabilities that may arise from this event. The obligation to defend is separate and distinct from the obligation to indemnify and hold harmless and shall apply even if neither the Town nor owner is found liable for the aforesaid claims, losses, damages or other liabilities. Signture of Applicant Printed Name of Applicant la\ (G2 Date of Application Town of Tiburon 1505 Tiburon Boulevard • Tiburon CA 94920 415-435-7373 To be completed by Town: Approved by: Chief of Police Director of Public Works Director of Community Development Town Manager Additional conditions or requirements: Date: Date: Date: Date: "After Action Reports" will be prepared by Town staff and filed with Town Manager and Chief of Police. 2016 form was last revised in 2014 by ARD. TOWN OF TIBURON www.ci.tiburon.ca.us 1505 Tiburon Boulevard Tiburon, CA 94920 (415) 435-7373 Phone (415) 435-2438 FAX Accessible Public Event — Information & Checklist This checklist has been developed in order to assist private parties applying for a Special Event Permit for an event open to the public that will be held on Town property or right-of-way to comply with Federal and State laws regarding accessibility of the event to persons with disabilities. These laws are found in Title 24 of the California Building Code and in the federal Americans with Disabilities Act (ADA). Event organizers working on events that will require extensive accessibility accommodations are advised to retain professional accessibility consulting services to assist with design of an accessibility plan and the proper implementation of it. Public Event Name/Description: �,MO10 J d& L Event Location/Address: i°-Qc .?,l v T 15f�- i Public Event Application Contact Person: C D 1VO.f. Nicol{ c4Ar-- phone: `I (13c 320c) Date & Time of Event: e-mail: T Ct1A�i�si 3s2�;F cr1j -3 )105)L-/ s7 - r - I( Public Event On -Site Contact Person (if known at this time): phone: e-mail: This checklist is designed to assess compliance with "programmatic" accessibility standards, to ensure that events will be accessible not only to persons with physical disabilities, but to people with sensory, cognitive, and other disabilities, as well. It is also intended to ensure that potential event locations and facilities comply with "physical" accessibility standards. Words or phrases that are underlined are technical terms defined in the Accessible Public Event Definitions section of this document. TOWN OF TIBUROI\ www.ci.tiburon.ca.us 1505 Tiburon Boulevard Tiburon, CA 94920 (415) 435-7373 Phone (415) 435-2438 FAX A. Notice: YES NO N/A 1. All notices and announcements for the event, if open to the general public, shall include accessibility information, including but not limited to how to ensure availability of assistive listening devices (ALD's). ❑ 0 2. All notices and announcements for the event or meeting provide a name and phone number of the person to contact to request disability -related accommodations. B. Communication Access: 0 0 ❑ YES NO NIA 1. If a microphone is provided for public participation, the microphone cable is long enough to serve accessible seating areas or a wireless microphone unit is provided. 0 0 2. Film or video materials presented at the event are captioned. 0 0 0 3. Event -wide printed materials (e.g. programs, site maps) in alternative formats are available upon request. This generally requires an electronic version of any materials on the sponsor's website. Large print paper copies (18 point) are recommended for availability upon request at the event entrance. ❑ ❑ C. Getting to the Event: 1. At least one accessible parking space is provided for every 25 spaces of parking for the vent up to 100 spaces. For parking areas or lots with more than 100 spaces, consult with the Building Official for the correct number of required accessible parking spaces to provide. Ensure that the first space provided is a van -accessible space. YES NO N/A 0 0 2. An accessible route on an accessible surface exists from the accessible parking and/or the street to the event and all event activities. 0 0 3. All public events should have directional signage identifying accessible routes of travel throughout the event that directs the public to the accessible entrances, accessible restrooms, accessible parking, and participation areas. 0 ❑ 0 D. Transportation: YES NO NIA If the event sponsor provides transportation, wheelchair -accessible vehicles must also be available and advertised as available to the public. 0 0 ,❑ E. Amenities: YES NO NIA 1. Accessible restrooms are available within 200 feet of the event location. If permanent accessible restrooms are not available within this distance, then accessible portable toilets and sinks shall be provided at the event. 0 0 0 2. Accessible drinking fountains are available (if drinking fountains provided). 0 0 3. Accessible telephones are available (if telephones are provided). 0 0 TOWN OF TIBURON Town Council Policy & Procedure Number: 8 Effective: March, 17, 2004 (Revised 07/15/2015) Authority: Town Council / Town Manager USE OF SHORELINE PARK - SPECIAL EVENTS PURPOSE AND INTENT The Town Council establishes this "Use of Shoreline Park — Special Events" policy (hereinafter "Policy") for the Town of Tiburon in accordance with the provisions of the Tiburon Municipal Code and State Law. This Policy defines special events and specifies requirements and procedures for their approval in Shoreline Park. Shoreline Park was dedicated to the Town for "public, scenic, open space and public access" purposes and is customarily used as a visual and primarily passive recreational amenity for Town residents and visitors. A majority of the Park's land area is under water; the dry land portion consists of a narrow strip of bay front property with a paved walking path terminating at Ferry Plaza (see attached graphic). It lies directly in the San Francisco Bay view corridor of nearby residences and adjoining Paradise Drive, and is therefore highly sensitive from a visual and view blockage standpoint; the dedication to the Town is subject to conditions protecting the views from the Bayside units at Point Tiburon. The Park is popular with both residents and visitors for walking, viewing, picnicking and jogging. The Ferry Plaza portion of the Park also provides important public access to the Main Street waterfront and ferry services. The Town Council establishes these requirements and procedures for occasional special events in Shoreline Park to protect the visual and recreational qualities of the Park and to preserve it primarily for its customary use. This Policy is intended to ensure that the temporary operation of each permitted special event at Shoreline Park is compatible with the adjacent neighborhood, downtown business district, residents, and visitors. POLICY The Town receives periodic requests to allow events, activities, and occasional temporary structures in Shoreline Park. The Town has an interest in occasionally allowing certain types of conditionally allowable events or activities in the Park on a short-term basis, which may temporarily deviate from the customary use of the Park. However, the frequency and nature of these events must be limited to protect the primary purposes, appearance, and on-going popular use of the Park. Use of Shoreline Park ---Special Events Revised 7/15/2015 1 SPECIAL EVENTS AT SHORELINE PARK For the purpose of this Policy, "special event" means a short-term activity use or limited duration art exhibition use of the Park other than its customary use. The Town Manager shall have the discretion to determine whether an event of a limited amount of time qualifies as a "special event" that is subject to the Special Events Permit Policy referenced below. All special events on Town property are subject to the Town's Special Events Permit Policy, which enables the Town, consistent with the Park's dedicating documents, to establish the parameters for each special event and the obligations of the permit holder. To ensure reasonable compatibility with the surrounding area and avoid disruption of the customary use of the Park, any special event in Shoreline Park must comply with the following additional requirements: 1. The Town anticipates limiting the number of events to five (5) permitted special events per calendar year. 2. Special events are limited to Fridays, Saturdays, Sundays and legal Town Holidays. Legal Town Holidays are New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day; excepting art exhibition events that may, with Town Council permission, have a maximum 45 -day duration including set-up and take-down. 3. The activities of the special event are restricted to the hours of 8:00 a.m. to one hour after sunset Sunday through Thursday and 8:00 a.m. to 10:00 p.m. on Fridays and Saturdays. At no more than three (3) Friday or Saturday events per year shall amplification of sound be allowed until 10 p.m. EXCEPTIONS The Town Manager may allow some latitude with respect to provisions of the Special Events Permit Policy and this Policy in order to facilitate activities such as set up, the staging of equipment and the hours of operation. The discretion allowed by this Policy shall be confined to logistical and other considerations necessary to further the following critical purposes: 1. Protect the Park and improvements therein. 2. Ensure public safety and access. 3. Avoid unauthorized or extended obstruction of views of the bay. 4. Avoid noise disruption of nearby residential neighborhoods after 8 pm on Sunday through Thursday or after 10 p.m. on Friday and Saturday. The Town Council, at a public meeting, may grant Exceptions to this Policy as it deems warranted. Use of Shoreline Park ---Special Events Revised 7/15/2015 2 TEMPORARY STRUCTURES Temporary structures (excluding art exhibition pieces) may be in place no longer than seventy-two (72) consecutive hours. The Town Engineer/Director of Public Works shall ensure that temporary structures shall be located, installed and secured in a manner that will not damage Park improvements, and will not create a public hazard or public nuisance. No automobiles or trucks will be allowed to park on Ferry Plaza, other than for the purposes of loading or unloading items pertaining to the event and subject to the approval of the Superintendent of Public Works, Director of Public Works, or Town Manager. ART EXHIBIT PLACEMENT Exhibits of art that will be on display for more than seventy-two (72) consecutive hours shall generally be limited to the western third of Shoreline Park. MUSIC AND VOICE AMPLIFICATION Chapter 25-1 of the Municipal Code requires that any amplified music and/or voice amplification in a non-residential zone be approved in writing by the Town Manager. Any voice or music amplification in Shoreline Park should be kept to a reasonable volume. ROADWAY CLOSURE No roadway closures will be permitted in this area without prior approval from the Town Manager. Attachment: Graphic of Shoreline Park Use of Shoreline Park ---Special Events Revised 7/15/2015 3 Use of Shoreline Park ---Special Events Revised 7/15/2015 4 )dVd 3Ni1hOH-HS TOWN OF TIBURON Town Council Policy & Procedure Number: 7 Effective: April 17, 2002 Authority: Town Council/Town Manager SPECIAL EVENTS PERMIT POLICY PURPOSE AND INTENT: This Town Council policy establishes the "Special Events Permit Policy" for the Town of Tiburon in accordance with the provisions of the Tiburon Municipal Code and State Law. This policy defines special events and specifies requirements and procedures for their approval. The Council has established these requirements and procedures for special events to ensure the general safety, health, and welfare of the community and to ensure that the temporary operation of each special event will be compatible with the neighborhood or area in which it is located. POLICY: State and Town law regulate the use of real property in the Town. Generally, these laws establish both the structures that may be constructed on land and the activities that may be conducted thereon. The Town receives numerous requests to allow activities, and occasionally structures, on a "short term" basis. The Town has an interest in allowing certain types of conditionally allowed uses on a short terrn basis. Some of these types of uses may allow private individuals, businesses, or not-for- profit organizations to hold special events which may temporarily alter the character of a particular area. Permit Requirement No person shall conduct a special event on public unless such person first obtains, and continues to maintain in full force and effect, a special event permit for such special event. 2002 Special Events Pennit Policy updated in 2011 Page 1 of 9 For purposes of this policy, "special event" means a short-term activity or other use of public property other than the customary use of the property. Special events may include weddings, carnivals, live music concerts, outdoor dining, street fairs, and athletic activities such as marathons, swimming events, and organized "walk-a-thons." Also, for purposes of this policy, the term "short term" shall mean either of the following: • Events on public property, up to, but not exceeding 48 hours Events to be held on public property shall be limited in scope to activities which do not detrimentally impact the community. The Town Manager will evaluate the potential impacts of a proposed event. Factors shall include, without limitation, the following: 1. Impacts on Noise 2. Impacts on Traffic 3. Impacts on Parking 4. Impacts on the General Environment The Town Manager will not consider as a factor the content of any constitutionally protected speech at the event, unless there is a threat of immediate harm to persons or property. Events held in Town parks or open space The Town has, in the past, adopted policies governing the use by the general public of its parks and open space. A list of Town parks and open space areas and policies are incorporated herein as Exhibit "A." These policies are in effect for the regular, non -"special event" use of the affected areas. Such uses do not require a special event permit under this Town Council policy. NOTE: Since the adoption of this policy in 2002, a separate, Town Council policy has been adopted governing special events in Shoreline Park. Please request a copy of this policy from Town Staff. 2002 Special Events Pennit Policy updated in 2011 Page 2 of 9 Permit Procedure A person or persons wishing to hold a special event must file a Special Event Permit application with the Town Manager at least sixty (60) days prior to the date of the proposed event. Notwithstanding the preceding, the Town Manager may accept a special event permit application less than 60 days in advance if the Town Manager determines (in his or her sole discretion) that there is adequate time for review of the application. A Special Event Permit application shall be on a form provided by the Town (see attachment). At a minimum, the application shall contain the following information: 1. The name of the special event organizer and the organizer's contact person (if different); 2. A list of the special event permits requested by the organizer in the previous 12 months; 3. A detailed description of the proposed special event (including the hours it is to be conducted); 4. The location of the proposed special event; 5. A precise diagram of the venue area and floor plan (if applicable) for the proposed special event; 6. A description of any special equipment or temporary buildings and structures, including tents, stages, "bounce machines," and vendor's booths, and their estimated delivery and set-up times; 7. The anticipated number of workers, participants and spectators at the proposed special event; 8. A traffic control plan (including any necessary directional devices and street closures) for the proposed special event. 9. Water facilities and sanitary measures (including toilets and trash containers) for the proposed special event; 10. A collection, recycling and disposal plan for garbage generated by the event; 11. A description of an arrangement to provide adequate parking for the people attending the event; 12. Security measures for the special event. The Town Manager may waive any of the above items if he or she finds them inapplicable to the proposed event. Insurance Requirements The requirements of this paragraph shall be a condition of approval for any special event permit for a special event on Town -owned property. As a condition of permit approval, the special event permit holder shall obtain insurance, as required by the Town Attorney as set forth in this paragraph. The permit holder shall provide the Town Attorney with an endorsement showing that the Town has been added as an additional insured to the required insurance. The permit holder shall also sign an indemnification clause agreeing to defend and hold the Town of Tiburon, its officers, agents, employees, and volunteers, harmless from 2002 Special Events Permit Policy updated in 2011 Page 3 of 9 any claims, liabilities, losses or expenses arising from the special event. The permit holder shall submit the documents required by this paragraph no later than 10 business days prior to the special event. Alcoholic Beverages In the case where an "alcoholic beverage," as that term is defined by the Alcoholic Beverage Control Act of California, will be served and/or sold at the special event, the Town Manager shall be satisfied that appropriate security measures are being taken and the special event permit holder shall obtain a daily license from the State of California Alcohol and Beverage Control Board. Procedure for Review The Town Manager, upon receiving an application for a special event, shall do the following prior to issuance of the permit: • Consult with Town Department heads on the request and solicit their input; • Request any additional information from the applicant and impose any restrictions that he or she considers necessary or appropriate to evaluate the event's potential impacts on the community. For events anticipating 200 or more participants, or for events in areas of high density or potentially substantial impacts on the community, the Town Manager may: • Notify business owners and/or residents of properties within the proximity to the proposed venue of the proposed request in order to solicit written or oral comments on the proposed event; and/or • Agendize the permit application for Town Council review and comment at a public hearing. Decision on Application and Appeal of Decision Within 15 days of receipt of an application, the Town Manager shall advise the applicant in writing of the decision that either approves the request, conditionally approves the request, seeks additional information, or denies the request with the reasons for denial stated. The Town Manager's decision shall be final unless the applicant files a written appeal, with payment of applicable fees, within 10 days of the decision. In the case of an appeal, the Town Council shall conduct a duly noticed public hearing within 30 days following the receipt of the written appeal. The Town Council shall consider the 2002 Special Events Permit Policy updated in 2011 Page 4 of 9 applications under the standards set forth in this chapter and sustain or overrule the decision of the Town Manager. The decision of the Town Council shall be final. Suspension of Permit The Town Manager or the Chief of Police shall have the power to suspend, and shall suspend, any special event permit if the applicant has done any of the following: 1. Violated any provision or requirement of approval imposed upon the permit; 2. Violated any provisions of the law; 3. With the actual conduct of the activity, threatened the preservation of the public peace, safety or general welfare, or unreasonably interfered with the use and enjoyment of other property in the immediate vicinity of the activity. Other The Town Manager may delegate any or all of his authority under this Policy to his or her selected designee. APPROVED: Margaret A. Curran, Town Manager Date 2002 Special Events Permit Policy updated in 2011 Paee 5 of 9 EXHIBIT "A" TIBURON PARK & SPECIAL EVENT FACILITIES 1. McKegney Green - large, rectangular, grass covered playing field next to the Richardson Bay shoreline. Located 1/10 of a mile from the parking area at Blackie's Pasture. No vehicle access. Walk-in only. No barbecues or open fires permitted. No alcohol. No bottles. No cleats (except by Tiburon Peninsula Soccer League youth use). Dogs must be on leash. A permit is required for organized sporting events (call Tiburon Public Works, 435-7399). Other uses (other than as a public park) are limited. Contact Town Clerk Diane Crane lacopi, 435-7377 for more infonnation. Like all of the Town's parks, the area is for public use primarily on a first-come, first served basis. 1 a. Little Lady Lori Gazebo at McKegney Green is situated next to the water in a quiet spot with a beautiful view. The donor of this gazebo hopes it will be used for quiet reflection, possibly small weddings or other meaningful ceremonies. The gazebo holds about 4 people with space around it outside for 10 or so to stand. No bathroom, water or phone nearby. No vehicle access. 2. South -of -the -Knoll Park - just past McKegney Green along the bike path going toward downtown. Use of park is on first-come, first-served basis, but special events can be staged for larger groups subject to the Town's Special Event Permit application process. Area has two sets of children's play structures; one for tots and one for older children. There are two picnic benches located near the playgrounds. Rolling, grass -covered field adjacent. A portable toilet is located on the bike path at the edge of this park. Dogs must be on leash. 3. Belvedere Park — located next to the Belvedere City Hall on Community Road in Belvedere. Use of park is on a first-come, first-served basis. Basketball standard. Children's play structures in an enclosed area. Benches. No picnic tables. Gazebo. Grass field area adjacent. However, if you wish to have anything else such as a bounce machine or pony rides, please contact Art Gibney, Belvedere Public Works, at 435-3838 to discuss this type of activity. 3a. Rooms at the Belvedere Community Center are also available for functions. Call Jt. Recreation (435-4355) for more information. 4. Paradise Park - Paradise Drive - Rolling green fields along the hillside. This is a County Park, which is open to all groups, generally on a first come -first served basis. Public bathrooms and telephone. 46 + picnic benches, most with adjacent barbeque grills. Pier for fishing. Small beach and fresh -water shower at shoreline for removing sand and salt water. Two parking areas and paved paths leading down into the park. If you want to reserve a specific area, you must call the Marin County Open Space District to discuss details for reservation. Park fees are: $5.00 per car (Nov. — Mar.); $7.00 per car (April — Oct.); Walkers, Bicyclists and Boaters - $2.00 per person. No motorized launches allowed to come ashore. (If you will be a frequent user of any of the County Parks, you can buy a Year Pass for $50 which entitles you to entry to any of their other park facilities including 2 boat launching ramps.) Call 499-6387. 2002 Special Events Permit Policy updated in 2011 Page 6 of 9 5. Shoreline Park - Strip of grass running along the Tiburon shoreline between the conger of Tiburon Boulevard and Paradise Drive and the corner of Paradise Drive and Mar West Street. This is a public park. No barbeques. No bottles. Dogs must be on leash. $5.00 parking lot across the street at Pt. Tiburon Plaza. 6. The Cypress Garden Park ("pocket park") is located at the corner of Tiburon Boulevard and San Rafael Avenue just off the bike path under the cypress trees. There is a tiny landscaped area with a bench and a beautiful view of Richardson Bay and Sausalito. Excellent for a small ceremony with no more than about 8 people. No parking. 7. Zelinsky Park (behind the Library and Town Hall) is the newest addition to the Town's parks system. It is named after the family who donated the land for the Library and Town Hall. The park contains a paved path and several benches, along with a grassy area, and is appropriate for passive use by individuals or shall groups. Large groups (of 50 -100 people) can contact the Town for rental information subject to the Town's Special Event Permit application process. Contact 435-7377 for more information. 8. Angel Island State Park - reached from Tiburon by the Angel Island Ferry (435-2131) or from San Francisco (546-2815). This is a wonderful natural and historical resource with structures dating back to Civil War days. It has unparalleled views of the San Francisco Bay. There are beaches, picnic facilities, hiking trails and roads for bicycling. Historical structures have been restored by the Angel Island Association. Docents at the facilities give the history. Call 435-1915 for Park Information. Additional "nature -related" information: A. Richardson Bay Audubon Center, bird sanctuary offering education and advocacy. Located on grounds of Lyford House at 376 Greenwood Beach Rd., in Tiburon. For information on classes and activities, call 388-2524. The historic Lyford House is also used for special events, such as weddings. B. Tiburon Romberg Center - Marine and estuarine research center and educational facility. Conference center available for environmentally -related organizations. Call 338-6063 for Marine Center info and 338-3543 for information on conference center. C. Ring Mountain Preserve Nature Conservancy - offers pamphlets for self -guided hikes of the Ring Mountain Preserve where plant species native only to Ring Mountain can be found as well as prehistoric petroglyphs. Call 435-6465 for information. D. St. Hilary's Open Space Preserve. Open space area with fire road and trails. Maintained by County of Marin Open Space District. No fires or vehicle access. Also features historic Old St. Hilary's Church. Contact the Landmarks Society (435-1853) to rent church or for information on other Landmarks' properties. E. Town Hall has free copies of the Tiburon Ridge Trail Map. Call 435-7373 or come in to Town Hall at 1505 Tiburon Boulevard. S.•/Parkl ist2.JP. doc — October 2003 2002 Special Events Permit Policy updated in 2011 Page 7 of 9 TOWN OF TIBURON SPECIAL EVENT PERMIT DATE OF EVENT: TIME:(Start to Finish) TYPE OF EVENT: Number of People anticipated: LOCATION: Name & Address of Individual of Sponsoring Organization: Home Phone: Fax Number: Work Phone: Please describe YOUR PLAN for the following: (Attach separate sheets if necessary) PARKING: Street Blockage or Closure: Will alcohol be served? CLEAN-UP & RECYCLING - A recycling plan is REQUIRED BY TOWN OF TIBURON. (Contact Matthew Swalberg at 435-7354 for details.) FIRST AID: Do you anticipate using sound amplification equipment? If so, please describe: Your Permit will be approved only after receipt of documentation showing that the Town of Tiburon has been added as an additional named insured to your insurance policy for this event. This normally requires an endorsement. A certificate showing only that you have insurance is not sufficient. Special Event Insurance can be purchased through the Jt. Recreation Department at 435-4355. Fax or mail your completed form to Town Hall at 435-2438, 1505 Tiburon Blvd. 94920. Thank you. Date: Applicant 2002 Special Events Permit Policy updated in 2011 Page 8 (11-9 APPROVED BY: Chief of Police Deputy Director of Public Works Director of Comm. Development Town Manager Date Date Date Date Form is located in S:Administration/Staff Folders/dcrane/totevent.per.doc 2002 Special Events Permit Policy updated in 2011 Page 9 of 9