HomeMy WebLinkAboutTC Agd Pkt 2009-06-17TOWN OF TIBURON Regular Meeting
Tiburon Town Hall Tiburon Town Council
1505 Tiburon Boulevard June 17, 2009
Tiburon, CA 94920 Regular Meeting - 7:30 p.m.
Closed Session - 7:00 p.m.
AGENDA
TIBURON TOWN COUNCIL
CLOSED SESSION - 7:00 P.M.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Bonander v. Town of Tiburon
CALL TO ORDER AND ROLL CALL
Councilmember Collins, Councilmember Gram, Councilmember Slavitz, Vice Mayor Berger,
Mayor Fredericks
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.
PRESENTATION
• Update by Marin Energy Authority
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council, public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. Town Council Minutes - Adopt minutes of June 3, 2009 meeting (Town Clerk Crane
Iacopi)
2. Commendation for 30 Years of Service - Approve resolution commending Heidi Bigall
for 30 Years of Service to the Town of Tiburon (Town Manager Curran)
3. Grand Jury Report on Homelessness - Approve Town response to Grand Jury Report on
Homelessness (Town Attorney Danforth)
4. Pine Terrace Pedestrian Path Improvement Project - Accept project as complete
(Director of Public Works/Town Engineer Nguyen)
5. Paradise Drive Slope Stabilization Project - Approve plans and specifications for project
to stabilize slope in the vicinity of 2000 Paradise Drive and authorize solicitation of bids
(Director of Public Works/Town Engineer Nguyen)
6. 2009 Municipal Election - Adopt resolutions related to November 3, 2009 Municipal
Election (Town Clerk Crane Iacopi)
a) Resolution Calling an Election in the Town of Tiburon on November 3, 2009 for
the Purpose of Electing Three Councilmembers;
b) Resolution Requesting Consolidation of Election Services with County of Marin;
C) Resolution establishing Candidate's Statement Fee
PUBLIC HEARING
Paradise Drive Prezoning and General Plan Amendment Project - Consider approval of
the prezoning of approximately 85 assessor parcels totaling approximately 230 acres of
land located at the southeast end of the Tiburon Peninsula and amendments to the
Tiburon General Plan Land Use Map affecting 22 of those assessor parcels; Making error
corrections to the General Plan text and maps; Consider adoption of Mitigated Negative
Declaration and Mitigation Monitoring program for the project (Director of Community
Development Anderson)
2. Municipal Budget - Consider adoption of resolutions pertaining to the FY 2009-10
Municipal Budget (Town Manager Curran & Director of Administrative Services Bigall)
a) Resolution Adopting a Municipal Budget Plan for the Town of Tiburon and the
Tiburon Redevelopment Agency for the Fiscal year ending June 30, 2010;
b) Resolution Establishing an Appropriation Limit for Fiscal Year 2009-10 pursuant
to Article XIII B. Of the Constitution of the State of California;
C) Resolution Repealing Resolution No. 32-2008 and Adopting an Amended
Management Recognition and Incentive Compensation Program;
d) Resolution Repealing Resolution No. 33-2008 and Adopting an Amended
Mid-Management Recognition and Incentive Compensation Program
3. Steps, Lanes & Paths (NTPP) and Safe Routes to School (Del Mar School) Projects -
Recommendation to approve plans, adopt Mitigated Negative Declaration, and
authorize solicitation for bids pending Caltrans' final approval (Director of Public
Works/Town Engineer Nguyen; Director of Community Development Anderson)
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
WEEKLY DIGESTS
Town Council Weekly Digest -June 5, 2009
Town Council Weekly Digest -June 12, 2009
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.ci.tiburon.ca.us.
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.
CC-
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Fredericks armed t-h--"eg r meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesda , June 3, 2009, in T wn Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Berger, Collins, Fredericks, Gram, Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Chief of
Police Cronin, Town Clerk Crane Iacopi
Prior to the regular meeting, the Council met in closed session to discuss the following:
CLOSED SESSION - (7:00 p.m.)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Town of Tiburon v. Sylvia; Sylvia v. Town of Tiburon
Wayne et al. v. Town of Tiburon
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
Mayor Fredericks said that there was nothing to announce from the closed session.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of May 6, 2009 meeting (Town Clerk Crane
Iacopi)
DRAFT Town Council Minutes #08 -2009 June 3, 2008 Page I
2. Town Investment Summary - Adopt April 2009 report (Director of Administrative
Services Bigall)
3. Commendation for "Blue Zone" Presentation - Approve and authorize Mayor to sign
Commendation for Bel Aire student presentation on "Blue Zones" (Town Manager
Curran)
4. Cypress Hollow Park - Approve award of contract for improvements to park and
authorize Mayor to sign on behalf of the Town (Director of Public Works/Town Engineer
Nguyen)
5. FY 2008-09 Street Rehabilitation Project - Approve plans and specification for FY
2008-09 Street Rehabilitation Project and authorize solicitation of bids (Director of
Public Works/Town Engineer Nguyen)
6. Reed Ranch and Ridge Road Overlay Projects - Approve plans and specifications for
the Federal ARRA Reed Ranch Road and Ridge Road Overlay Project and authorize
solicitation of bids pending Caltrans approval (Director of Public Works/Town Engineer
Nguyen)
7. Budget Amendments FY 2008-09 - Adopt year-end "clean up" amendments for fiscal
. year 2008-09 (Director of Administrative Services Bigall)
MOTION: To adopt Consent Calendar Items 1 through 7, as written.
Moved: Slavitz, seconded by Berger
Vote: AYES: Unanimous
ABSENT: Collins
ACTION ITEMS
1. Appointments to Town Boards, Commissions & Committees - Consider appointment
to pending vacancy on Library Agency Board of Directors (Town Clerk Crane Iacopi)
Town Clerk Crane Iacopi said that Boardmember Lois Eptstein's term expired at the end of June
and that she sought reappointment to serve for another term. Ms. Crane Iacopi said that the
pending vacancy had been duly noticed and advertised. She noted that there were no other
applicants for the position.
MOTION: To reappoint Lois Epstein to the Library Board of Directors.
Moved: Gram, seconded by Berger
Vote: AYES: Unanimous
ABSENT: Collins
DRAFT Town Council Minutes #08 -2009 June 3, 2008 Page 2
PUBLIC HEARINGS
1. Municipal Budget - Introduction of proposed Municipal Budget for Fiscal Year 2009-
2010 (Town Manager Curran & Director of Administrative Services Bigall)
Town Manager Curran introduced the item. She said it had been a challenge to balance the
coming fiscal year's budget because of the downturn in the economy and reduced revenues. She
said that the proposed budget was balanced albeit with a smaller surplus than in years past.
Curran acknowledged the efforts of the Town's Department Heads who had reduced their
department budgets by 3%. She also noted that the Town did not plan to award cost of living
increases or merit pay to any non-represented personnel in the coming year.
The Town Manager addressed the possibility of future "take-aways" by the State. She said that
the Town had sufficient reserves to cover this contingency and that any take-aways would have
to be repaid to the Town, with interest, under Proposition IA. The State could "borrow" up to
$369,000 from Tiburon's share of property tax revenue under Proposition 1A, according to
Curran.
Curran thanked Director of Administrative Services Bigall for her excellent work on producing a
balanced budget and turned the presentation over to her.
Ms. Bigall said that she and the Town Manager had met with the Finance subcommittee twice
during the year and that she was now pleased to present a balanced operating budget of
$20,710,000, with a projected surplus of $18,000.
In her power point presentation, Director Bigall discussed projected revenues. She noted that the
Town conservatively estimated receipt of 1 % in property tax revenues, down from 4.6% received
last year. She also noted that sales taxes were down, along with transit occupancy tax revenues.
Vice Mayor Berger commented on the use of the Town's reserves to fund the budget gap if the
State "borrowed" from the Town. He asked whether these reserve funds were earning interest,
how much, and whether that interest was being used towards the d'own's operating expenses.
Ms. Bigall said that the Town would end the year with over $9 million in reserves. She said these
reserves had earned $182,000 last year which represented a significant decrease over previous
years. She said that the interest went into the General Fund.
Mayor Fredericks asked whether the Town would receive COPS funding in the coming year and
whether the failure of the recent ballot measures would affect the Town's budgeting in this area.
Ms. Bigall said that the Town had received the minimum ($100,000) COPS funding in the
current fiscal year. Chief of Police Cronin added that the [larger] public agencies that received
more than the minimum amount were the ones affected by the recent election and would face loss
of these revenues.
DRAFT Town Council Minutes #08 -2009 June 3, 2008 Page 3
Town Manager Curran said that if the COPS funding was not received by the Town in the
coming year for any reason, staff would return to the Council with a recommendation on how to
absorb the loss.
Ms. Bigall reviewed slides showing revenues and expenditures by department, as well as
historical data and projected revenues and expenditures.
Mayor Fredericks took the opportunity during the presentation to congratulate Ms. Bigall on her
30th anniversary of employment with the Town of Tiburon. She read a proclamation in her honor.
Ms. Bigall received a standing ovation. She accepted that plaque and said that the pleasure had
been hers and that Tiburon was a "great town."
Councilmember Slavitz said that there was no better protector of the Town's coffers than Heidi.
Ms. Bigall then turned the presentation over to Director of Public Works/Town Engineer Nguyen
who presented the proposed Capital Improvement Project component.
Director Nguyen said the proposed projects in the area of street improvements, drainage
improvements and community projects would elevate the quality of life in the community.
He said that federal stimulus (grant) funding had been applied for and received for improvements
to Reed Ranch and Ridge Road. He said that $350,000 had been allocated to repair failed streets
in the coming year and that hopefully it would be the last year to complete the backlog of those
repairs.
With regard to drainage, Nguyen said that $200,000 had been budgeted to clean and flush catch
basins and lines throughout the Town in the coming year.
Director Nguyen said that a community project that had just been completed was the Pine
Terrace pathway. He said that funding for other lanes and paths projects that had not yet been bid
were being rolled forward into the coming year in conjunction with some Safe Routes to School
funding.
Nguyen said that staff had also applied for State air quality grant funding to partially fund the
improvements to the Lyford Drive commuter parking area.
Vice Mayor Berger commented that it would be favorable if both phases of that project could be
combined (for increased parking). Nguyen said that the Town had received feedback from the
Transportation Authority of Marin that it was a finalist for receipt of funding that could be used
for this purpose.
Nguyen said that an Open Space Management Plan was being undertaken and that study would
continue on the rehabilitation of the Corporation Yard. He said that litigation continued to stall
the Del Mar Undergrounding Project but that 11 streets would be patched in that area.
DRAFT Town Council Minutes #08 -2009 June 3, 2008 Page 4
Nguyen also noted that the Town had received Caltrans' approval to place security cameras in the
Tiburon Boulevard right-of-way but had not yet received approval for placement in the medians.
Mayor Fredericks opened the public hearing.
Margo Geitheim, resident of Belveron East, said that she was a parent representative for the Bel
Aire Safe Routes to School. She said that they would like to create an easement through their
neighborhood for children to pass through to go to school. She said that Vice Mayor Berger had
advised her to canvass the neighbors to see if there were any property owners who might be
willing to give such an easement.
Councilmember Gram said that the Council could not comment on her request during the budget
hearing but suggested that Ms. Geitheim do more research and work with staff to determine its
feasibility.
Mayor Fredericks closed the public hearing.
Vice Mayor Berger asked staff about the budget amendments on the agenda. Ms. Bigall said that
the "clean up" amendments were for the current year and did not affect the proposed FY 09-10
budget.
Councilmember Gram said that while other cities were "jumping through hoops" to deal with the
economic downturn, the Town had been looking at "what if' scenarios for over a year. He
credited Director Bigall and Town Manager Curran for leading this campaign. He especially
credited Ms. Bigall on her command of all the numbers and projections that go into the budget
process. He said that Bigall tracked numbers by month and could both project and inform on past
numbers. Gram said that it made budgeting "easy" for the subcommittee and the Council. He said
that Curran and Bigall were a "great team."
Councilmember Gram congratulated Ms. Bigall on her 30 years of service, 12 of which he had
worked with her as a member of the Council. He said that she was always "positive" and
maintained a sense of humor.
Councilmember Slavitz commented on the quality and depth of Ms. Bigall's budget
presentations. Vice Mayor Berger echoed the positive remarks of his colleagues concerning Ms.
Bigall.
Mayor Fredericks also noted that the Police Department had been able to make a 3% reduction in
their budget even in the face of increased fixed costs.
MOTION: To pass first reading of the budget, as written.
Moved: Slavitz, seconded by Gram
Vote: AYES: Unanimous
ABSENT: Collins
DRAFT Town Council Minutes #08 -2009 June 3, 2008 Page 5
TOWN COUNCIL REPORTS
Mayor Fredericks said that she had been in Sacramento earlier in the day advocating against the
closure of the State Parks, and in particular Angel Island State Park. She said that Channel 2
news had covered the meeting in which she spoke on the negative "trickle down" effect the
closure would have on local businesses in our town.
TOWN MANAGER'S REPORT
Town Manager Curran called attention to a memo in the Digest that listed the number of grants
received by the Town in the past year. She said that Director of Public Works/Town Engineer
Nguyen was responsible for writing most of the grant requests. She also noted that Associate
Planner Tyler was following the federal stimulus funding opportunities on behalf of the Town.
Curran mentioned that she was looking for a date for a Homeowner's Summit, normally
scheduled for June, sometime after Labor Day at the suggestion of the Mayor.
WEEKLY DIGESTS
• Town Council Weekly Digest - May 8, 2009
• . Town Council Weekly Digest - May 15, 2009
• Town Council Weekly Digest - May 22, 2009
• Town Council Weekly Digest - May 29, 2009
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor
Fredericks adjourned the meeting at 8:45 p.m., in memory of former Mayor Bruce Ross.
Prior to the adjournment, Vice Mayor Berger shared his comments on the civic accomplishments
and dedication of his former father-in-law, noting that he was the person who influenced him to
get involved in public service.
ALICE FREDERICKS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT Town Council Minutes #08 -2009 June 3, 2008 Page 6
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Office of the Town Manager
Town Council Meeting
June 17, 2009
Agenda Item:
cc -
Subject: Recommendation to adopt resolution commending Heidi Bigall for her 30
years-of service to the Town of Tiburon
l
Reviewed By:
BACKGROUND
Mayor Fredericks read and presented a commendation to Director of Administrative Services
Heidi Bigall as a surprise during the budget presentation at the June 3, 2009 Town Council
meeting. It comes back to Council now in resolution format for adoption and placement in the
official Town records and archives.
RECOMMENDATION
Staff recommends that the Town Council:
1. Move to approve the Resolution Commending Heidi Bigall on her 30th anniversary of
Employment with the Town of Tiburon
Exhibits:
Prepared By
Draft resolution
Diane Crane Iacopi, Town Clerk
TOWN OF TIBURON PAGE 1 OF 1
Resolution No. XX-2009
A Resolution of the Town Council of the Town of Tiburon
Commending Heidi Bigall on her 30'hAnniversary of Employment
With the Town of Tiburon
Whereas, Heidi Bigall commenced her career with the Town of Tiburon on April 9, 1979, when
she was a very, very young woman; and
Whereas, Heidi Bigall has worked her way up the ranks of Tiburon Town government through
various positions until finally rising to her current honored status as the Director of
Administrative Services; and
Whereas, Heidi Bigall protects the Town's coffers and guides the Town's financial fortunes
with great integrity, dedication and perseverance; and
Whereas, Heidi Bigall exhibits a endless willingness to pester vendors for discounts, question
every staff expenditure, scrutinize every invoice, and generally safeguard the Town's
funds with alacrity and acumen; and
Whereas, Heidi Bigall has not only an attention to budget detail but always keeps the big picture
in mind as well, tracking revenue and other financial trends and almost always anticipates
the questions the Town Council will ask long before they have formulated them; and
Whereas, Heidi Bigall also serves the Town admirably as its Human Resources Director and its
Risk Manager; and
Whereas, Heidi Bigall is a truly dedicated public servant who continues to serve this community
with great skill and loyalty; and
Whereas, Heidi Bigall has managed to accomplish all these things while maintaining a wicked
sense of humor and a deep connection to her fellow employees to these many years.
Now Therefore, I, Alice Fredericks, on behalf of the Town Council of the Town of Tiburon, do
hereby heartily thank and congratulate Heidi. Bigall. on her. 30 years of distinguished service to
our cornmtinity and urge her to try for another 30 before retiring.
PASSED AND ADOPTED at a regular meeting of the Town Council on June 17, 2009,
by the following vote, to wit:
AYES: COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Office of the Town Attorney
Town Council Meeting
June 17, 2009
Agenda Item:
Cc-3
Recommendation to Approve Response to Grand Jury Report
On Marin's Homeless Problem
On April 13, 2009, the Marin County Civil Grand Jury issued a report entitled "Mann's
homeless: The `invisible' problem that won't disappear." The Report describes the County-wide
homeless problem, finding that the County should do more to address the problem and that the
public. general seems unaware of the numbers of homeless among us. The Report recommends
that the County devote more resources to deal with the homeless issue and that the Board of
Supervisors work cooperatively with the 11 municipalities in the County to heighten public
awareness of the homeless population.
ANALYSIS
The Report concludes with eleven findings and four recommendations. The Grand Jury has
requested that Marin cities and towns each respond to Findings 5, 6 and 7 and Recommendation
4. Under State law,' the Town Council must review and approve the responses, which are due to
back to the Grand Jury on or before July 13, 2009.
1. Grand Jury Findings.
Under § 933.05 of the Penal Code, the Town is required to either state that it (a) agrees with the
finding; or (b) disagrees wholly or partially with the finding. In the latter case, we must include
an explanation of the portion of the finding that is disputed and include an explanation of the
reasons therefore. The draft letter, attached as Exhibit A, sets forth the Town's proposed
responses to each finding. The Town agrees with the three findings, at least insofar as they
pertain to the Town and/or come within staff's knowledge.
i See Cal. Penal Code § 933.
Finding 5: This finding states that hundreds of homeless need emergency shelter and sleep in cars
or open space. The Town agrees with this finding based on the information contained in the
Report.
Finding 6: This finding states that many Marin residents are unaware of or uneducated about the
hundreds of homeless in the County. The Town agrees with this finding based on the information
contained in the Report.
Finding 7: This finding states that the cities of San Rafael, Novato and Sausalito, along with the
unincorporated areas of Marin, have most of the homeless population. The Town agrees with this
finding based on the information contained in the Report.
The Grand Jury has not asked the Town to respond to any other findings.
2. Grand Jury Recommendations.
In responding to the Grand Jury's Recommendations, Penal Code § 933.05 requires the Town to
report one of the following actions:
(a) The recommendation has been implemented, with a summary regarding the
implemented action.
(b) The recommendation has not been implemented, but will be implemented in the
future, with a timetable for implementation.
(c) The recommendation requires further analysis, with an explanation and the scope
and parameters of an analysis or study and a timeframe for the matter to be
prepared for discussion by the officer or head of the agency or department being
investigated or reviewed, including the governing body of the public agency when
applicable. This timeframe shall not exceed six months from the date of
publication of the Grand Jury Report.
(d) The recommendation will not be implemented because it is not warranted or is not
reasonable, with an explanation therefore.
o Recommendation 4: The Grand Jury recommends that each Board of Supervisors and the
leaders of each municipality in the County jointly launch a comprehensive campaign to
heighten public awareness of homelessness and make the "invisible" problem visible.
The Town will implement this recommendation. The County of Marin is the entity best
positioned to spearhead the campaign; the Town stands ready to join as soon as the County
initiates the campaign. That said, the Town believes that the joint effort should not be limited to
a public education campaign. The report indicates that the best solution to homelessness is
housing. The County and municipalities should also consider the best means of increasing
appropriate housing units for this underserved population. Each public agency would then have
to balance the cost of implementing a housing for homeless project against other public priorities
competing for scarce public resources.
RECOMMENDATION
The Town Council should review and approve the Town's proposed response to the Grand Jury's
Report of April 13, 2009.
FXIIIRITS
Proposed Response to Grand Jury Report
Grand Jury Report of April 13, 2009
Prepared By: Ann R. Danforth, Town Attorney
Office of the Town Manager
(415) 435-7383
June 18, 2009
The Honorable Verna Adams
Marin County Superior Court
Post Office Box 4988
San Rafael, CA 94913-4988
Mr. Jeff Skov, Foreperson
Marin County Grand Jury
3501 Civic Center Drive, Room 275
San Rafael, CA 94903
Re: Response to Grand Jury Report April 13, 2009
Marin's Homeless
Dear Honorable Judge Adams and Mr. Skov:
This letter explains in detail the Town of Tiburon's response to the Grand Jury
Report dated April 13, 2009. The Report directs the Town to respond to Findings
Nos. 5 - 7 and Recommendation No. 4. These findings and recommendations
involve a number of agencies other than the Town. The Town does not have
sufficient information to evaluate the Report's accuracy with respect to these other
jurisdictions.
The Findings also 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. Lastly,
the Recommendations require action by agencies and individuals that are outside
the Town's control. Accordingly, this letter is intended only to apply to the
Report's recommendations insofar as they pertain to the Town.
FINDINGS
Finding 5: This finding states that hundreds of homeless need emergency shelter
and sleep in cars or open space. The Town agrees with this finding based on the
information contained in the Report.
Finding 6: This finding states that many Marin residents are unaware of or
uneducated about the hundreds of homeless in the County. The Town agrees with
this finding based on the information contained in the Report.
Finding 7: This finding states that the cities of San Rafael, Novato and Sausalito,
along with the unincorporated areas of Marin, have most of the homeless
Response to Grand Jury
June 19, 2009
Page 2 of 2
population. The Town agrees with this finding based on the information contained
in the Report.
The Grand Jury has not asked the Town to respond to any other findings.
RECOMMENDATIONS
• Recommendation 4: The Grand Jury recommends that each Board of
Supervisors and the leaders of each municipality in the County jointly
launch a comprehensive campaign to heighten public awareness of
homelessness and make the "invisible" problem visible.
The Town will implement this recommendation. The County of Marin is the entity
best positioned to spearhead the campaign; the Town stands ready to join as soon
as the County initiates the campaign. That said, the Town believes that the joint
effort should not be limited to a public education campaign. The report indicates
that the best solution to homelessness is housing. The County and municipalities
should also consider the best means of increasing appropriate housing units for this
underserved population. Each public agency would then have to balance the cost
of a `housing for homeless' project against other public priorities competing for
scarce public resources.
The Grand Jury has not asked the Town to respond to any other recommendations.
The Tiburon Town Council reviewed and approved this response on June 18 2009
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,
MARGARET A. CURRAN
Town Manager
cc: Town Council
Town Attorney
Town Director of Community Development
2008-2009 MARIN COUNTY CIVIL GRAND JURY
Marin's homeless: The `invisible'
problem that won't disappear
April 13, 2009
6; 4 it 0 a It .0,
Marin County Civil Grand. Jury
SUMMARY
Marin's homeless predicament, as elsewhere in California and the nation, involves
staggering complexity and nuance. Its remedy, however, remains simple: Because the
numbers increase one person at a time, they can be reduced one person at a time.
To believe we can erase the problem would be naive, yet to think we can shrink it to a
tolerable level is not.
This quality-of-life issue is hardly new. But attempts in the 1990s to assuage the plight of
Mann's homeless faded away. More recently, the county's Ten-Year Homeless Plan,
compiled in 2006, has not been substantially implemented.
What are today's major hurdles? First, getting our governmental boards and agencies to
find the political will to help an "invisible" population that many county residents don't
even realize exists. Second, spurring county and city officials, along with the pertinent
nonprofits, to determine jointly how to lead the homeless off the streets, out of their
vehicles and away from Marin's open spaces.
Assistance must come in various ways because the homeless fall into numerous
categories. Some need to address their drug or alcohol addictions. Others require mental
health assistance. Many seek medical attention. Most lack jobs.
But they all need a place to sleep at night.
Although Marin targets millions of dollars for the homeless, and many organizations and
cities address separate pieces of the puzzle, no one has a handle on the crisis as a whole.
No one knows for sure how many homeless people live in M'arin. Official estimates range
from 1,770 to 6,000, but school officials put the number of homeless youth alone at more
than 1,500.
The Grand Jury believes that the Marin County Board of Supervisors can ameliorate the
situation. We recommend that the supervisors establish a full-time coordinator and office
to oversee public and private efforts to deal with the problem, and establish a permanent
emergency shelter open to all. We also recommend that the board and leaders of Marin's
11 municipalities work cooperatively to heighten public awareness so the "invisible"
problem can become visible.
Despite some controversy, county officials and consultants have already made inroads.
They've obtained federal funds and sponsored one-day, one-stop events to aid the needy.
April 13, 2009 Marin County Civil Grand Jury Page 1 of 21
Marin's homeless: The `invisible' problem that won't disappear
Many nonprofits and a few cities are doing their best to provide a wide range of services
to the homeless-
But it's not enough-not even close.
Men and women who are homeless come from assorted ethnic and religious
backgrounds, from multiple corners of society. Though stereotypical images of the
chronic homeless suggest ragged people from the lowest socio-economic strata, today's
growing rolls include the recently middle class, yanked into homelessness by one
unexpected financial crisis or illness.
Unlike the waifs of poverty found in literature and TV dramas, the homeless can look just
like an average taxpayer-like an unemployed cousin, a confused mother or father, a
fragile grandparent.
Homeless ranks in Marin still consist mainly of adult white males, but the number of
women and families slipping through the cracks and needing a "safety net" increases
daily.
Many are intelligent, well schooled and articulate. Many are compassionate and will
share food, and perhaps their last dollars, with fellow homeless. Yet many, as one told the
Grand Jury, feel desperate, "disconnected from community, family, the past and from
expectations."
Clearly, not all homeless will accept either a hand-up or a handout. Some prefer an
unfettered outdoor lifestyle and will ask for relief only when facing an emergency.
Although many are transient, a lot more stay in specific communities and are afraid to
veer far from routines where they scrounge food and services.
It's because we often can't see them for what they are-ordinary humans pushed into
extraordinary straits, narrowly focused on day-to-day survival-that they stay "invisible,"
sometimes living in cheerless, darkened places we choose not'to peer into or even wander
by.
That, of course, contrasts dramatically with the way we prefer to picture Marin-as a
place of prosperity and natural beauty. And that's why the Grand Jury deems it
imperative to shine a light on the county's homeless.
BACKGROUND
Homeless services in Marin evolved from interfaith connections in 1974, when 40 church
delegates came together in downtown San Rafael to address the homeless situation.
Today the faith-based community occasionally acts through an advocacy group called the
Marin Organizing Committee, which helped flex the political muscle of churches,
synagogues and nonprofits in December 2008. The fledgling organization pulled together
April 13, 2009 Marin County Civil Grand Jury Page 2 of 21
Marin's homeless: The `invisible problem that won't disappear
a rally-march that drew 250 participants and prompted the county to open temporary
emergency shelters.
Some progress dates back to the early 1990s. The Marin County Blue Ribbon Homeless
Working Group identified gaps in. service and housing, and official action followed street
.protests and the erection of a tent city downhill from the Civic Center.
A 1994 Grand Jury report on "Homelessness in Marin County" cited the need for a
county coordinator and housing, two gaps that persist in 2009. In response to that report,
the Board of Supervisors put the Marin Housing. Authority in charge of an "effort to
develop a comprehensive approach to the problem of homelessness in Marin." Over the
years, though, that "comprehensive" effort fizzled. And no coordinator was hired.
Nonprofit, community-based organizations. were left to bear the lion's share of the
burden, a load that's become heavier as funding has tightened.
Many people interviewed by the 2008-2009 Grand Jury call for the county, municipalities
and nonprofits to participate more robustly, alone and together. They agree, too, that the
political will of officials, especially at the county level, requires a strong nudge.
The Grand Jury has issued no specific reports on homelessness since 1994. This report,
therefore, seems overdue.
METHODOLOGY
The Grand Jury conducted more than 35 interviews with county and city officials,
nonprofit service providers, federal grant recipients, consultants, planners and policy
specialists, clergy, police and homeless individuals. Most who were questioned were both
passionate and compassionate. The bulk of the interviews took place in Marin, but some
occurred in nearby counties to help compare "best practices" for governmental agencies
and programs-that is, those techniques most efficient and effective in meeting goals.
The Grand Jury digested reports and graphs, analyses and grant proposals from public
and private groups. It reviewed scores of articles from the Marin Independent Journal,
San Francisco Chronicle and other periodicals, and checked out countless Internet sites.
In addition, it surveyed the 11 incorporated municipalities within Mann's boundaries.
Members of the Grand Jury also conducted on-site visits to numerous facilities; witnessed
a homeless support group; attended a pro-shelter rally-march; and went to two events that
presented a cornucopia of services for the needy.
April 13, 2009 Marin County Civil Grand Jury Page 3 of 21
Marin's homeless: The `invisible' problem that won't disappear
DISCUSSION
Who are the homeless?
Bob Herbert, columnist for The New York Times, quotes a North Carolina woman who
mirrors the thoughts of many homeless: "I never believed that anything like this could
ever, ever happen to me."
And San Francisco Chronicle writer C.W. Nevius spotlights a member of that city's
Homeless Outreach Team who relives her time on the streets: "I was homeless for two
years. I slept in the cemetery and got my food by stealing from Safeway."
Their stories match those of hundreds of thousands thrust into unfamiliar strife as they
watched the fabric of The American Dream unravel in 2008 and tatter still more in 2009.
No one knows exactly how many homeless live in Marin, though it's generally agreed the
bulk are in San Rafael, Novato, Sausalito and unincorporated areas., Most interviewees
assert, however, that any figures obtained about the homeless are most likely severe
underestimates.
One report claims a total of 6,000. Others use the national rule of thumb, which is 1
percent of the population; in Marin, that is 2,500. The latest biennial point-in-time count,
taken by about 100 volunteers in 50 agencies or programs on January 29, 2009, lists
17770-
The "one-day snapshot" also finds 3,028 "precariously housed"-defined as "on the edge
of becoming homeless or at imminent risk of falling into the unsheltered category; people
[who] may be doubled up with friends and relatives or living in excessively overcrowded
accommodation."
Officials told the Grand Jury that there are probably another 15,000 Marin residents who
are one financial crisis away from being homeless.
And, according to the Marin County Office of Education, Marin has 1,519 homeless
youth-including 1,093 enrolled in and attending classes. Of those in school, 996 are
"doubled up," staying with,another family, while 87 more are in shelters or transitional
housing awaiting foster care.
Those figures represent only students who have been identified; "unfortunately," one
official says, "there are no doubt many more."
A March 2009 report from the National Center on Family Homelessness says homeless
children suffer "lasting scars" and are apt to be hungry, afflicted with persistent health
problems, repeat school grades and become high school dropouts.
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Marin's homeless: The 'invisible' problem that won't disappear
The economic downturn, which one interviewee said "has caused a sea change in the last
six to eight months," is affecting the most vulnerable adults--many are losing the
overtime necessary to buy essentials, or losing a second or third job.
The economy, that official added, is also causing "a tsunami of uninsured." People who
lose their health insurance often delay going to doctors. If they become sicker, they might
need expensive tests or treatments. Paying those bills can be such a burden that people
are forced out of their homes, thus helping to trigger homelessness.
Shocking as it may appear, statistics released by the Marin County Department of Health
and Human Services (H&HS) in March 2009 show that "even before the current
downturn, 35,387 out of 100,201 households in Marin could not pay for the most basic
services." The department says the income required for a family of three to attain a self-
sufficiency level here is $5,740 a month or $68,880 annually.
A February 2009 H&HS report states unequivocally, "There is clear evidence of a
significant upward trend in the number of homeless and precariously housed in Marin
County."
H&HS saw a 30 to 40 percent spike in the demand for homeless services since September
2008. Foreclosed homes and a shrinking job market raised the number of those becoming
homeless for the first time.
The Bay Area-wide 211 hotline that directs callers to services had more than 1,500
inquiries from Marin residents in the year following February 11, 2008, its startup date-
375 of them dealing with shelter and housing.
County and city officials, as well as service providers, agree that because 85 percent of
Marin is dedicated open space, many sleep under the stars in small encampments, in
blankets or tents, no matter how foul the weather. Or they huddle in cars.
The homeless often feel-as one told the Grand Jury-lonely and isolated, traumatized,
bored, looked down upon, mocked. They don't trust anyone except their close friends.
Another interviewee referenced Barack Obama's campaign.remark that some people
can't pull themselves up by their bootstraps because they "don't have any boots." And
one homeless woman recalled it being particularly hard "to apply for a job when you've
slept outside and are pulling a suitcase behind you."
Places to sleep, outside or in, with access to food and other services, are becoming
increasingly scarce in Marin. Unlike the "invisible" homeless who won't disappear,
potential sites are vanishing. That's due to some areas being refurbished, and because
freeway work has eliminated previously usable spots.
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Marin's homeless: The `invisible' problem that won't disappear
And because the turmoil has been allowed to fester, the county is beginning to see a
second-generation crisis-that is, adult children of the chronic homeless who are now
living without shelter themselves.
One nonprofit spokesperson insists, "Nine out of 10 homeless people want help and
housing. It is a myth that they want to remain homeless."
Most of Marin's homeless live at a subsistence level, despite getting general assistance
and food stamps. A 2008 report from The Abaris Group, healthcare consultants
commissioned by the county, maintains that, despite all the organizations geared up to
help, "available emergency and transitional housing for the homeless falls far short of
demand, and many essential services for this population are lacking, particularly in terms
of medical/healthcare needs."
One source told the Grand Jury about a homeless man who had been injured climbing in
and out of dumpsters seeking food, and about a homeless woman "with diminished
capacity" who couldn't get necessary treatment because she couldn't hold onto her
medical card.
More than a few interviewees advocate that county officials shift some funds so Marin
can pay a homeless coordinator's salary and rent low-income housing units.
Would those specific actions end homelessness? No. But they could result in an improved
partnership between public and private sectors, enabling the providers to use scarce
resources in the most efficient and effective ways. And that could go a long way toward
solving the problem.
Where's the coordination and accountability?
In interviews with the Grand Jury, representatives of the Board of Supervisors and the
Department of Health & Human Services, consultants, city officials, nonprofit providers
and homeless individuals reiterate that:
- A best-case scenario would have the county create an Office of the Homeless that
would be accountable for overseeing Marin's homeless problem, for knowing the full
complement of services available, and for collecting relevant data. An administrator-
manager in that office would monitor pass-through funds (those streaming into county
coffers from federal and state funds) and create a blueprint of exactly how Marin could
reduce homelessness. Since H&HS already has three employees devoting half time to the
problem of homelessness, and because the office could assume work being done under a
$100,000 contract with a private firm, the. cost of establishing such an office might be
negligible. The notion of hiring a coordinator parallels the first "action item" in the
county's Ten-Year Homeless Plan, although no one has been assigned that responsibility
in the three years since it was published. The plan is a document prepared to qualify for
federal funding, and it extensively outlines steps to alleviate homelessness.
April 13, 2009 Marin County Civil Grand Jury Page 6 of 21
Marin's homeless: The `invisible' problem that won't disappear
Sadly, homelessness did not even make the supervisors' list of top five 2008-09
priorities. One that did was a "national bicycle-pedestrian/non-motorized model for
Marin." Due to an apparent lack of political will, funding for homeless needs remains
limited mostly to pass-through dollars..
One nonprofit spokesperson says the Board of Supervisors doesn't "want to hear the dark
side; they only want to hear the success stories." Other interviewees charge officials in
effect would prefer the homeless stay "invisible," as would the bulk of Marie's upscale
residents.
But Philip F. Mangano, the nation's homelessness czar, believes accountability and
political will are imperative. "There needs to be someone, at the local level, who can take
ownership" of homelessness policies, he says.
One Marin official at a nonprofit organization puts it this way: "There needs to be a front
door where the homeless person comes, is assessed and then directed to services. There
needs to be a strategy to deal with the chronically homeless. The county could play an
active role in aligning organizations. Right now, the services are too scattered."
Instead of taking on the responsibility for maintaining that front door, for creating an
office to coordinate homeless services, the Marin County Board of Supervisors turned to
'HomeBase, a public interest law firm located in San Francisco that specializes in matters
relating to homelessness.
The board signed a $ 1 00,000-a-year contract with the firm last year. For that money,
HomeBase has written a grant proposal that helped Marin retain $2.3 million in homeless
grants from the U.S. Department of Housing and Urban Development. Those funds went
to nonprofits that provide transitional or affordable housing to those in need, to others
that help the homeless with mental or substance abuse issues, and to help women who
need housing after fleeing from domestic violence.
In the process, HomeBase created a leadership council, a Homeless Policy Steering
Committee and work groups to facilitate conversations between the numerous splintered
agencies and nonprofits dealing with the homeless in Marin County. The county's chief
administrator, two members of the Board of Supervisors, a policy strategist and two
analysts, two homeless individuals and representatives of many nonprofit providers sit on
those bodies and try to hammer out some solutions.
The law firm's work also led to creation of five beds geared for newly discharged
patients who otherwise might slip into homelessness. And it gets credit for starting
Project Homeless Connect, a highly praised series of one-stop, one-day events in San
Rafael, Novato and Sausalito showcasing a wide variety of services to the homeless.
But HomeBase's contract has sparked controversy. Though supporters say the firm has
effectively cobbled together a coalition likely to thrive, most of those interviewed by the
Grand Jury think that it's being paid too much and that it would be better to create a
April 13, 2009 Marin County Civil Grand Jury Page 7 of 21
Marin's homeless: The `invisible' problem that won't disappear
homelessness office or hire a single coordinator instead, preferably one based in the
county's Department of Health and Human Services.
Why is housing crucial?
Most involved in working to help the homeless believe housing should be the critical
item in any discussion of how to attack the problem, even before services.
Key county officials endorse the concept of "housing first." Their consensus is that
rescuing people subjected to the elements by supplying permanent affordable housing
could save huge amounts of money.
Providers concur. Those interviewed by the Grand Jury have no doubt the cost of taking
care of homeless in shelters or on the streets is the same as, or more than, housing them.
But finding affordable housing is a daunting problem in Marin County, where the
prevailing view is to retain open space and limit growth.
The Marin Housing Authority, governed by the county's five supervisors and two public
members, is charged with providing "decent, safe and sanitary housing for low- and
moderate-income people." It is rendered largely powerless, however, by a lack of
adequate funding and the dearth of low-income housing in the county.
The authority has one program directly impacting the homeless. Its Support for Shelter
Plus Care program provides rental subsidies and case management for up to
114 homeless and mentally ill adults.
At least two nonprofit officials are convinced, though, that sufficient affordable housing
already exists in Marin to make a severe dent in the homelessness problem. They say it
isn't necessary to build big projects when homes are available, scattered throughout the
county, to house small numbers.
Those officials point out that, under state law, up to six homeless people could be placed
in each of those rentable structures without bureaucratic red tape getting in the way.
Many interviewees are convinced there are only two enduring solutions: affordable
housing and "supportive housing," which incorporates on-site medical and mental health
care.
Without appropriate housing, one nonprofit leader says, "we're wasting money every
day. We spend money when the homeless get arrested, go to the hospital or need
emergency shelter. Ten percent of the homeless require 50 percent of the funds. We need
`housing first' for these people. Give them a room, with a bathroom down the hall, and
make it permanent. When that is done, this population can be stabilized and we can see
results."
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Marin's homeless: The `invisible' problem that won't disappear
Where does the money go?
Because of the lack of housing funding available to any agency, the Department of
Health & Human Services, the arm of county government that deals most with
homelessness, must help with more and more basic services..
A March 2009 H&HS report contains estimated annual expenditures related to homeless
services. It lists dollars targeted for that population as $13,639,639. Most of that money is
state and federal funding the county passes on to nonprofits, including these larger
amounts: $3,738,539 to Buckelew Programs for housing and support services for the
mentally ill; $791,044 to multiple providers for substance abuse treatment; $634,525 to
the Odyssey Program (formerly known as HAVEN), under the county's Community
Mental Health Services; $517,769 to Homeward Bound for emergency beds; $504,477 to
the Housing Authority for its Shelter Plus Care program; and $479;089 for general
assistance.
In addition, the following sums were earmarked from county coffers (and, therefore, from
local taxpayer pockets): $500,000 to Homeward Bound for transitional housing services;
$100,000 for the HomeBase contract; $96,000 for this winter's emergency shelter; and
part of the salaries of an H&HS policy strategist and two policy analysts.
As park of the 2009 federal stimulus package, Marin expects to receive $659,106 in
September "for homeless prevention and rapid re-housing." County Officials plan to use
at least part of that money to forestall evictions.
What are others doing?
The Marin County Board of Supervisors does not stand alone in its failure to deal
adequately with the homeless situation. Most local political leaders have, for the most
part, turned a blind eye to the predicament, saying, in essence, it's nottheir problem.
The biggest exception is San Rafael, a magnet for homeless because the most services
exist within its borders. The city goes a giant step farther than the rest, funding two
specially trained police officers and a pair of mental health workers to deal with the
problem.
Although most municipal and county. officials plead that they're doing the best they can,
especially given the downward economic spiral, several interviewees unfavorably
compare our county's governance and support with that of Sonoma County, San
Francisco and Portland, Oregon.
Consider, for instance, individual programs such as the Petaluma-based Committee on
the Shelterless (COTS), which utilizes 50,000 volunteer hours annually and shelters more
than 1,000 homeless each year. The Sonoma County nonprofit operates three emergency
shelters, three transitional housing facilities and two food-delivery programs. Its greatest
April 13, 2009 Marin County Civil Grand Jury Page 9 of 21
Marin's homeless: The `invisible' problem that won't disappear
source of income is its home city, which provides more than $800,000 yearly, showing
that a municipality can lend financial support. And Sonoma County, which also partners
with Burbank Housing, a nonprofit affordable-housing development, contributes more
than $2001000 to the COTS budget.
Another community offering a good comparison is Portland,-Oregon, where a
comprehensive strategy to confront homelessness and create a single "front door" for the
needy was partnered by the county, city, nonprofits and businesses. Prior to that
cooperative effort, it could take four agencies to deal with one person.
San Francisco, of course, has one of the most visible homeless populations in Northern
California. Like Marin, it contracts with HomeBase to obtain federal funds; the
partnership has entered its fifth year. But San Francisco does more-such as having a
homeless policy director who coordinates a governmental attack on the problem working
in conjunction with nonprofits, foundations and other private organizations.
Because San Francisco is a county and a city, making things happen there tends to be
easier. Another thrust comes from the political will to get results for its 6,514 homeless,
according to one official.
A penchant for "housing first"-which entails moving people off the streets into
permanent affordable units and then treating the causes of their homelessness-drives the
policy director's efforts. That concept reverses the norm of providing services first.
Housing those vulnerable men and women and thereby limiting the harm they can do to
themselves or others results in a significant drop in the need for acute or emergency care,
officials say.
San Francisco also staffs a 38-member Homeless Outreach Team that goes to the
homeless rather than waiting for the needy to come to them. And, according to a June
2008 San Francisco Civil Grand Jury report, the city budgets "about $186 million for
direct spending on the homeless or those at risk."
Where do our municipalities stand?
The Grand Jury mailed a questionnaire to all 11 incorporated towns and cities in Marin.
San Rafael, experts agree, has the largest number of homeless. Novato is second. Third
would be Sausalito, where the homeless consist mainly of "anchor-outs,"' those whose
boats have no running water or electricity. Smaller municipalities claim between zero and
10 homeless each.
San Rafael provides services for the homeless that include funding two police officers
who work closely with mental health personnel; giving $40,000 annually to the Ritter
Center for housing support programs; and providing financial assistance to such facilities
as the St. Vincent de Paul Society and Homeward Bound.
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Marin's homeless: The `invisible' problem that won't disappear
Novato, which gave Homeward Bound two long-term, $1-per-year ground leases for its
transitional housing buildings, also funds the Novato Human Needs Center's homeless
prevention program ($105,000 each year since 1995).
Sausalito, which gets many homeless who cross the Golden Gate Bridge and pass through
after a couple of days, set up a $2,000 fund in 2007 for emergency shelter (a one-night
motel stay), groceries and bus fare out. Police administer it.
Most city law enforcement agents agree that homeless encampments pose hazards (fire,
public health and personal safety) for those living in them and for neighbors.
Municipalities tend to clear them out, but one city official sums up the prevalent attitude
this way: "Our goal is not one of arrest/enforcement, but rather to aid individuals in
relocating to a better, safer location where additional services can be provided."
Many officials support the idea of a coordinated effort led by someone paid by the
county; some would like to see a multi jurisdictional team created, similar to the Major
Crimes Task Force.
Even though smaller towns and cities have but a few homeless within their boundaries,
most of their officials believe that "homelessness is a countywide problem as many
homeless people move from community to community with limited resources available."
They say it is crucial for county and local governments to join in an effort to end
homelessness.
About half the municipal representatives, however, voice budgetary caveats, particularly
stemming from the economic downturn.
Where do shelters fit in?
Money is an obstacle, too, when it comes to providing. emergency shelter
Hundreds here need a place to safeguard them from wet or cold weather. Available beds
are more and more difficult to find, with most shelters in Marin being offered only to
those not using drugs or alcohol.
A permanent open or "wet shelter," one to which homeless alcohol and drug users have
access at least in the winter, could become a portal to services. This year, the county did
open such a warming shelter after two homeless people were treated for exposure. But
that shelter ran only temporarily-first in December at the Marin Center Exhibition Hall,
and later in the National Guard Armory in San Rafael, where the Helen Vine Detox
Center operated it under a county contract through mid-February. Between 40 and 80
homeless stayed each night, but many more declined because they wouldn't agree to be
searched, were intimidated by the military setting or because photo IDs were required.
Since county funding was limited, homeless were temporarily housed between times at
the Vineyard and Lucas Valley Community churches. Homeward Bound helped prepare
April 13, 2009 Marin County Civil Grand Jury Page 11 of 21
Mann's homeless: The 'invisible' problem that won't disappear
and serve meals, provided janitorial services and made sure clean blankets and mats were
available. Medical services and security were supplied as well.
Later, from mid-February until the end of March, a dozen churches and synagogues
alternately housed and fed about 60 people nightly. The faith-based organizations
struggled, however, to come up with all the $40,000 needed to pay for that effort. In late
March, the Marin Community Foundation contributed the last $10,000. The Rev. Liza
Klein of San Rafael First United Methodist Church told the Marin Independent Journal
the county should have helped financially: "Something less than 5 percent of the
population in Marin goes to church or synagogue. We're being asked to take
responsibility for something that 100 percent of the people should be taking responsibility
for."
Suzanne Walker, associate director of St. Vincent's, which feeds many homeless in San
Rafael, backs the idea of a permanent wet shelter. In a letter to the Independent Journal,
she wrote, "While it's true that we've come a long way from the days of tent city, there
are plenty of folks out there tonight who could be camped in front of the Civic Center ...It
is getting worse in these tough economic times. It's time for a county-funded shelter to be
made a budget priority in Marin."
Why isn't the Ten-Year Plan working?
In 2006, the county's Ten-Year Plan was compiled, its main purpose being to meet
federal Department of Housing and Urban Development grant application requirements.
A major by-product was to outline a long-range, comprehensive series of steps that could
end homelessness in Marin. It hasn't worked.
Why? Because, according to some providers, the county hasn't expended the energy to
update it and promote its main proposals. Among the recommendations that jump out as
having been ignored or, at best, subject to foot-dragging for three years:
• Coordinate and distribute information on homeless services and resources.
• Provide emergency services, on demand, 24/7.
• Create a countywide standard of case management.
• Update a system of tracking data and services.
• Prevent evictions by providing financial aid for at-risk people.
Unfortunately, most aims of the plan simply became paper phantasms, as county officials
disavowed most of its elements as unworkable.
However, many who work with the homeless continue to believe much of the plan is still
valid. Foremost, they say, is its call for a coordinator to ride herd on the disparate
April 13, 2009 Marin County Civil Grand Jury Page 12 of 21
Mann's homeless: The `invisible' problem that won't disappear
programs that already exist. Another element they encourage is an updated and workable
database of homeless services and facilities.
They also point to the plan's declaration that "helping someone stay in their home is far
more economical and humane than providing services to someone after they become
homeless."
They note, too, that it urges "on-demand access to mental health [and] substance use
services including detoxification and domestic violence services and shelter"-in short,
"no waiting time to enter treatment programs."
Who is helping?
A host of nonprofits have stepped up to do the necessary case-management and in-the-
streets work. Topping the list, officials say, are Homeward Bound, St. Vincent's, the
Ritter Center, Buckelew Programs and Helen Vine Detox (also known as The Vine). But
there are many others in a county hosting more than 1,700 nonprofits.
Officials and providers also cite the good works of the Canal Alliance, the result of a
2005 merger of two smaller groups that has sought to improve the educational and
economic well being of the Spanish-speaking neighborhood of San Rafael; Center Point,
which provides substance abuse treatment services and helps achieve family stability and
permanency; Marin Abused Women's Services (MAWS), which offers emergency and
transitional shelters; and EAH Housing, which was established in 1968 as the Ecumenical
Association for Housing and focuses on affordable housing.
Because of the economic downturn, however, all agencies are experiencing funding
cutbacks.
The Marin Community Foundation has been of enormous benefit to the homeless through
the years. But it revamped its philosophy in 2006, opting to curtail funding for operating
expenses of nonprofits. Those cuts were partially responsible, for the closing of Nine
Grove Lane, a unique San Anselmo facility that throughout the year had housed 80-100
homeless, abused, in-crisis or runaway youths. Marin Family Action, which helps low-
income residents, also was scheduled to shut down, but a belated grant from the
foundation temporarily rescued it.
The sliding economy made the foundation shift its position again, at least temporarily,
and it spread $250,000 among 11 agencies-including seven emergency pantries
supplied by the Marin Community Food Bank. Those grants came as demands for food
doubled. And in December 2008, the foundation awarded another $750,000 to providers
who work with the homeless.
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Marin's homeless: The `invisible' problem that won't disappear
Nonprofits helping the most people, according to several officials, include:
• Homeward Bound, which in April 2000 replaced the winter shelter with its New
Beginnings Center. The change was stimulated by part of the decommissioned Hamilton
Air Force Base in Novato being pinpointed, under terms of the federal McKinney Act, for
homeless housing and services. The nonprofit, whose services are offered only to the
clean and sober, is based in Novato but has 13 components throughout the county. All
told, it fills 400 beds. Its newest building, the Next Key Center, combines job training
(including a culinary arts program called Fresh Starts Catering) and 32 units of
transitional housing. The usual entry point for adult services is the Mill Street Center, a
40-bed emergency shelter for night-to-night stays. Then comes New Beginnings, where
people can stay in dormitory-style housing up to six months; the Fourth Street Center,
with 20 single-room occupancy units; the Fireside Apartments, which houses eight
seniors; and Next Key. Families go to six locations: the Family Emergency Center, with
14 rooms available on an emergency basis; the Family Resource Center, offering
transitional housing for nine families; Meadow Park, with housing for another four;
Family Park, benefiting eight more; San Clemente Family Homes, with permanent
affordable housing for four families; and Fireside again, with 10 family units. Homeward
Bound also runs Voyager/Carmel and Palm Court, which house the mentally ill.
• St. Vincent's serves between 250 and 350 homeless a day in its San Rafael dining
room, and helps out with rental deposits, utility assistance and referrals. Many who get
help here live below the poverty line. More than 2 million meals have been served since
it opened in 1981. It also provides eight affordable housing units. Its yearly budget is
approximately $1 million.
- Ritter Center, with a $1.2 million annual budget, serves homeless of all types-
including families, the working poor, the mentally ill and the disabled. It provides day
services (showers, laundry facilities, food, clothing, and mail boxes for 400). Its health
center assists more than 3,000 people annually.
• Buckelew, established in 1970, provides the most comprehensive services for those
with mental health issues, some of whom are homeless. It serves almost 1,000 residents
in Marin, Sonoma and Napa via 20 programs, and has an annual budget of more than
$9.7 million ($5.2 million in Marin). Its main aim is to provide affordable housing, jobs
and recovery support services. It supplies support services to clients in 249 housing units
it owns or manages-and to many who live elsewhere in the three counties.
• The Vine, an 18-bed facility that helps adults under the influence of drugs and/or
alcohol withdraw from them, has aided more than 9,000 in its nine years of existence,
almost half of them homeless. Detoxification stays are normally three to five days but can
run as long as 30. Therapy sessions are frequent. Also available are a doctor, nurse and
psychologists as well as spiritual and 12-step program assistance.
• MarinLink runs Project Homeless Connect, Marie's budding copy of a San Francisco
model that has spread to 170 cities. At two "under-one-roof' events attended by Grand
April 13, 2009 Marin County Civil Grand Jury Page 14 of 21.
Mann's homeless: The `invisible' problem that won't disappear
Jury members, free food was available, as were free transportation and HIV testing. In
addition, homeless persons could receive health, dental, vision and foot care; mental
health support and legal aid; have their hair cut; and could speak with representatives
from agencies that deal with housing and shelter, veterans benefits, motor vehicles,
camping out, employment, substance abuse and Social Security. Officials and nonprofits
have universally commended the four one-day events held so far.
Community Action Marin (CAM) in 1967, a year after it was incorporated, was
designated the county's official anti-poverty agency; it still retains that label. Through the
years it has served more than 2.5 million meals to low-income children, and has aided
150,000 residents of the county. CAM used seed money to set up forerunners of
Homeward Bound, Ritter House and The Vine, and then spun them off as independent
agencies. With a budget approaching $19 million, it now provides 15 programs, many of
which touch on homeless needs.
- The Marin Organizing Committee, the main advocate for a county-supported
emergency shelter, is a comparatively new group formed specifically to push homeless
issues. It is heavily populated with representatives of faith-based organizations but also
draws support from providers as well as county and municipal governments.
Will we stop the dying?
In the past 11 years, 139 homeless people died on Marin streets
With the economy being what it is, more and more people are slipping into poverty or at-
risk situations. The signs are all around us.
The day before Christmas 2008, a San Francisco Chronicle story said 2$$,000
Californians applied for food stamps "over the past year, bringing the total number
enrolled close to 2.4 million."
The same day, another Chronicle dispatch noted that "some Bay Area cities are dealing
with an increase in shoplifting, a trend police and security experts believe is linked to
tough economic times prompting people to steal items out of need as well as greed."
Items included diapers and baby clothes as well as diabetic test strips.
A January 2009 Department of Health and Human Services report indicates 10-12
percent of detainees in the Marin County jail are homeless.
Unemployment figures for that month, meanwhile, show Marin County's jobless rate had
risen to 6.6 percent, obviously putting even more people at risk.
According to Bay Area Rescue Mission, a Richmond-based agency that helps the
homeless, there are 165,000 homeless in the nine-county San Francisco Bay Area.
All these figures represent a lot of pain.
April 13, 2009 Marin County Civil Grand Jury Page 15 of 21
Marin's homeless: The `invisible' problem that won't disappear
It is clear that because federal, state and foundation funding is drying up, helping the
homeless has become more problematic for every county, particularly in regard to mental
health services. In the last two years alone, California eliminated almost $3 million Marin
received for mentally ill homeless and offenders.
Dwindling funds, many interviewees say, may be another impetus to creating a central
homeless office that would act as a clearinghouse for information and services.
Coordinating what limited services remain and helping eliminate any duplication could
become especially meaningful actions.
The cutbacks also could make municipal government officials more receptive to joining
forces with each other as well as county and nonprofit leaders.
The economy, moreover; might spur a closer look at "housing first" possibilities,
particularly if they can be shown to be more cost-effective than other potential homeless
solutions. One high-ranking Marin County aide, in fact, suggested the need for "a
housing czar."
Another county official labeled the homelessness problem "our biggest hidden secret. We
need to raise the consciousness of Marin-many don't know there are homeless people in
our county."
Recent publicity about the point-in-time count and the need for a permanent emergency
shelter may help a bit. But more public awareness is crucial, nonprofit officials insist.
They urge a push toward that end by both county and municipalities.
Officials, providers and homeless men and women told the Grand Jury that the homeless
cannot be treated as statistics but must be seen as individuals with faces and flesh. They
must be helped out of homelessness one person at a time, several interviewees said.
The two main advocates for the homeless on the Board of Supervisors are Susan Adams
and Steve Kinsey. Adams, in fact, may have summed up the situation when she told the
Pacific Sun in December 2008:
"People are dying because they don't have a place to live. And that's a crying shame in a
county as wealthy as Marin."
Surely, most interviewees agree, a county that operated with a 2008-09 budget of $430
million, has enough wiggle room even in an economic downturn to hire a coordinator and
then improve care for its most vulnerable citizens.
As one provider told the Grand Jury, "If we don't pay for this now, we will pay for it
later in services such as emergency rooms, jails and other institutions."
April 13, 2009 Marin County Civil Grand Jury Page 16 of 21
Marin's homeless: The `invisible' problem that won't disappear
FINDINGS
The Grand Jury finds that:
Fl. The Marin County Board of Supervisors, the Marin County Department of Health
and Human Services and a number of boards facilitated by 1omeBase has each exerted
leadership regarding the homeless, yet none accepts overall responsibility.
F2. There is a need for a county office and coordinator responsible for overseeing
agencies and programs aiding the homeless.
F3. The Board of Supervisors' list of top five priorities does not include homelessness
F4. Estimates of the number of homeless in Marin vary widely, from a low of 1,770 to as
many as 6,000. School officials estimate there are more than 1,500 homeless youth.
F5. Hundreds of homeless need emergency shelter. They sleep in Marin's open space or
their cars, having been turned away by nonprofits because of bed shortages or drug and
alcohol restrictions.
F6. Many Marin residents are unaware of or uneducated about the hundreds of homeless
.in the county.
F7. The cities of San Rafael, Novato and Sausalito, along with the unincorporated areas
of Marin, comprise the pockets most peppered with homeless.
F8. Project Homeless Connect marks a noteworthy start toward offering homeless a one-
day, one-stop entry point for services.
F9. County officials, working in tandem with HomeBase, obtained $2.3 million in federal
Housing and Urban Development funds, underwrote Project Homeless Connect and
provided medical respite beds.
F10. Many nonprofits-including but not limited to Homeward Bound, Ritter Center, St.
Vincent's, Buckelew and Helen Vine Detox-supply valuable and wide-ranging services
to homeless individuals.
Fll. Controversy surrounds Marin's $100,000 annual contract with HomeBase. While its
supporters claim the firm has been building a coalition, many nonprofit officials reject
that idea and charge it also is being paid too much. HomeBase's work could be done
more effectively in a county homelessness office.
April 13, 2009 Marin County Civil Grand Jury Page 17 of 21
Marin's homeless: The `invisible' problem that won't disappear
RECOMMENDATIONS
The Grand Jury recommends that:
RI. The Marin County Board of Supervisors establish a full-time coordinator and office
dedicated to overseeing the agencies, organizations and programs that collectively
provide care and services for the homeless.
R2. The Board of Supervisors establish a facility for a permanent homeless shelter-at
least for winter months-where non-disruptive drug and alcohol users are welcomed.
R3. The Board of Supervisors make homelessness one of its top five priorities.
R4. The Board of Supervisors and leaders of each Marin County municipality jointly
launch a comprehensive campaign to heighten public awareness of homelessness and
make the "invisible" problem visible.
REQUEST FOR RESPONSES
Pursuant to Penal Code Section 933.05, the Grand Jury requests responses from the
following governing bodies:
■ The Marin County Board of Supervisors: All Findings and Recommendations.
■ The city and town councils of Marin's I 1 incorporated municipalities (Belvedere,
Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San
Rafael, Sausalito and Tiburon): F5, F6 and F7 and R4.
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 Ralph M. Brown
Act.
California Penal Code Section 933 (c) states that "...the governing body of the public
agency shall comment to the presiding judge on the findings and recommendations
pertaining to matters under the control of the governing body." Further, the Ralph M.
Brown Act requires that any action of a public entity governing board occur only at a
noticed and agendized public meeting.
The Grand Jury also invites responses from officials of:
n. Homeward Bound, Buckelew Programs, the St. Vincent de Paul Society, the
Ritter Center, the Helen Vine Detox Center, MarinLink, Community Action
Marin, the Marin Organizing Committee and the Marin Community Foundation.
April 13, 2009 Marin County Civil Grand Jury Page 18 of 21
Mann's homeless: The `invisible' problem that won't disappear
BIBLIOGRAPHY
Abaris Group, The. "Marin County Healthcare Safety Net Study." November 25, 2008.
Ashley, Beth. "Faith-based group pushes Marin social reform." Marin Independent
Journal. May 3, 2008.
Ashley, Beth. "More than 1,500 called 211 for free assistance by phone." Marin
Independent Journal. February 2009.
Buckelew News. Fall 2008.
City and County of San Francisco. "SFStat - Policy Area: Housing & Homelessness."
September 2007.
City and County of San Francisco. "San Francisco Homeless Outreach Team." December
2008.
Community Action Marin. www.marinraffle.com.
COTS. "Love in Action: Annual Report 2007-2008."
Editorial. "Housing the Homeless." Washington Post. October 20, 2008.
Editorial. "Next Key Center joins the war on homelessness." Marin Independent Journal.
November 11 , 2008.
Halstead, Richard. "Feeling the Squeeze." Marin Independent Journal. November 14,
2008.
Halstead, Richard. "Churches come to aid of Marin's homeless." Mann Independent
Journal. February 28, 2009.
Helen Vine Detox Center. www.helenvinedetox.com
Herbert, Bob. The New York Times. "Climbing Down the -Ladder." October 17, 2008.
Hoenigman, Vince. San Francisco Planning and Urban Research (SPUR). "Homelessness
in a Progressive City." August 2002.
Homeless Resource Network. w«vw.homelessresource.net. August 2008.
Homeward Bound of Marin annual report and "Grant Report for the County of Marin."
July 2008.
Johnson, Nels. "Temporary warming center open at San Rafael armory." Marin
Independent Journal. January 19, 2009.
April 13, 2009 Marin County Civil Grand Jury Page 19 of 21
Marin's homeless: The `invisible' problem that won't disappear
Kravitz, Derek. "Homelessness Official Wins Praise With Focus on Permanent Housing."
Washington Post. December 30, 2008.
Marin Continuum of Housing and Services. "Marin Community Resource Guide." June
2008.
Marin County. "Budget-in-Brief 2008-09."
www.co.marin.ca.us/depts/BS/Main/index.cffii. September 2008.
Marin County, Department of Health & Human Services. "The Next Decade: Marin
County's Ten-Year Homeless Plan." May 2006.
Mann County, H&HS. ".Estimated H&HS Expenditures Related to Services to Homeless
Persons." March 2008 and March 2009.
Marin County, H&HS. "Building a Healthier & Safer Marin." July 2008.
Marin County, H&HS and HomeBase. Exhibit 1, Continuum of Care (CoC) grant
application. October 6, 2008.
Marin County, H&HS and Project Homeless Connect. "2009 Point-in-Time Count of
.Homeless Persons." February 2009.
Marin Grand Jury. "Homelessness in Marin County." October 1994.
Marin Housing Authority. www.marinhousing.org. November 2008.
MarinLink. "Project Homeless Connect." January 8, 2008, May 15, 2008 and January 6,
2009.
National Coaliton for the Homeless. "NCH Fact Sheet #1" and "NCH Fact Sheet #3."
www.nationalhomeless.org/publications/facts/why,,'htm]. June 2008.
Nevius, C.W. "More people on S.F. streets newly homeless.' San Francisco Chronicle.
December 16, 2008.
San Francisco Civil Grand Jury, 2007-2008. "The Homeless Have Homes, But They Are
Still on the Street." July 2008.
San Francisco Local Homeless Coordinating Board. Exhibit 1, Continuum of Care (CoC)
grant application. October 21, 2008.
Seidman, Peter. "Ghosts of Christmas present." Pacific Sun. December 4, 2008.
Staats, Jim. "Marin Community Foundation provides another $750,000 for local
programs." Marin Independent Journal. December 10, 2008.
April 93, 2009 Marin County Civil Grand Jury Page 20 of 21
Mann's homeless: The `invisible' problem that won't disappear
U.S. Interagency Council on Homelessness.
www.ich.gov/slocal/NationalProjectHomelessConnectPromo.html, December 2008.
U.S. Department of Housing and Urban Development. "Federal Definition of
Homelessness." www.hud.gov/liomeless. December 2008.
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 Civil
Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury
investigation.
April 13, 2009 Marin County Civil Grand Jury Page 21 of 21
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
June 17, 2009
Agenda Item:
To:
From
Mayor and Members of the Town Council
Department of Public Works
Subject: Recommendation to Accept the Pine Terrace Pedestrian Path
Improvement Construction Project And Authorize The Filing Of The
Notice Of Completion For The Work
Reviewed By:
BACKGROUND
On October 3, 2007, the Council authorized staff to advertise and seek bids for the construction
of the Pine Terrace Pedestrian Path Improvement Project. The project was posted and advertised
as required by the State of California's Public Contract Code.
The contract was awarded to Maxicrete, Inc. on August 6, 2008, in the amount of $188,801. The
work was substantially completed on June 1, 2009. The improvements included the
reconstruction of the existing paved connection path including tree trimming, re-grading and
installation of handrails for ADA accessibility. It also included the construction of a new access
path using TerraPave to McKegney Green which will follow the general direction of the existing
informal path.
There were seven change orders during the course of the project. Based on the work performed
and material installed the final construction cost is $174,246.16, delivering the project within the
awarded construction budget.
FISCAL IMPACT
There is no cost associated with the following recommended action aside from releasing the
retention funds.
RECOMMENDATION
Staff recommends that the Town Council:
Move to adopt a resolution accepting this project as complete and authorizing the Director
of Public Works / Town Engineer to execute the Notice of Completion on behalf of the
i)x r) ( t)ttl ('iI plc:Ctinro
Town Council, and upon completion of the 35 day period, release the retention funds to
the contractor.
Exhibits: Resolution Of The Town Council Of The Town Of Tiburon Accepting The Pine
Terrace Pedestrian Path Improvement Construction Project And Authorizing The
Filing Of The Notice Of Completion For The Work.
Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer
RESOLUTION NO. -2009
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ACCEPTING THE PINE TERRACE PEDESTRIAN PATH IMPROVEMENT
CONSTRUCTION PROJECT AND AUTHORIZING THE FILING OF
THE NOTICE OF COMPLETION FOR THE WORK
WHEREAS, The Town Council budgeted funds in Fiscal Year 2008-2009 to complete
the project;
work;
WHEREAS, Maxicrete, Inc. was awarded the contract on August 6, 2008, to perform the
WHEREAS, The construction of the project was substantially completed within budget
on June 1, 2009; and
WHEREAS, The final construction cost, including payment of total quantities installed,
is $174,246.16.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Tiburon as follows:
Section 1. The Town Council does hereby accept the construction of the Pine Terrace
Pedestrian Path Improvement Project as complete by Maxicrete, Inc.
Section 2. The Town Council authorizes the Director of Public Works / Town Engineer to
execute the Notice of Completion and the Town Clerk to record the Notice of Completion.
Section 3. The Town Council authorizes the Director of Public Works / Town Engineer to
release the retention payment 35 days after the recordation date of the Notice of Completion,
pending release of any stop notices or Town claims.
PASSED AND ADOPTED at a regular meeting of the, Town Council on the 17th day of
June, 2009, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
To:
From:
Subject:
Reviewed By:
DISCUSSION
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
June 17, 2009
Agenda Item:
CC
Mayor and Members of the Town Council
Nicholas T. Nguyen, Director of Public Works/Town Engineer
Recommendation to Approve Plans and Specifications For Paradise
Drive Slope Stabilization Project in the Vicinity of the 2000 Block and
Authorize the Solicitation for Bids
Plans and specifications have been prepared by Miller Pacific to construct a soil nail wall to
stabilize a soil slope in between 2002 and 2024 Paradise Drive on town right-of-way. The project
is part of the adopted 2008-09 capital improvement program. The preliminary Engineer's
Estimate for construction is $70,000.
The improvements include the construction of a soil nail wall to stabilize earth that currently
supports Paradise Drive and an adjacent cantilevered sidewalk. Soil nailing is a stabilization
method of reinforcing existing soil by installing threaded steel bars into slopes or cuts. Grouted
bars are installed to create a stable mass of earth, first step in building a solid wall. The nailing
process creates a single block of earth able to hold-back its overburden. Soil nailing is an
economical means of creating shoring systems and retaining walls. Often, nailing is also less
disruptive than other means of constructing retaining systems '
The plans and specifications have been reviewed by staff, an&the project is now ready to
advertise for public bid.
ENVIRONMENTAL DETERMINATION
Staff made a preliminary determination that the subject application is categorically exempt from
the requirements of CEQA per Section 15301 (c) of the CEQA Guidelines that allows repairs and
minor alteration of existing public facilities involving negligible or no expansion of use beyond
that previously existing.
1mvn~ (~ot. ncil Vlccting
FISCAL IMPACT
A total of $165,000 was budgeted within this fiscal 2008-09 year to administer, design, and
construct the project. An engineering firm had been contracted in the amount of $17,800 to
provide engineering and inspection services, so the project is expected to come in well within
available funding.
RECOMMENDATION
Staff recommends that the Town Council:
1) Find the project exempt from CEQA pursuant to Section 15301(c) of the CEQA
Guidelines
2) Move to approve the plans and specifications for the Paradise Drive Slope
Stabilization Project in the vicinity of the 2000 Block, and
3) Move to authorize the solicitation of bids.
Prepared By: Nicholas T. Nguyen, Director of Public Works / Town Engineer
1-111t In
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Office of the Town Clerk
Town Council Meeting
June 17, 2009
Agenda Item:
,~7'c ~
Recommendation to Adopt Resolutions Pertaining to the
November 3, 2009 Municipal Election
The Town Clerk must notify the County Clerk and Registrar of Voters in the month of June of the
Town's intention to conduct an election in November.
The terms of three members of the Town Council, Alice Fredericks, Miles Berger, and Tom
Gram, will expire in November of this year. The filing period for the incumbents and other
interested residents opens on July 13 and runs through August 7, 2009. At that time, if any one of
the incumbents does not file for re-election, the filing period is extended for five days, until
August 12, 2009, for non-incumbent candidates only. If only three candidates file for the three
seats, the Council will have the option of either conducting an election or appointing candidates
to fill the pending vacancies.
Other important deadlines are contained in the attached calendar. As the date of the election
draws closer, the Town Clerk will provide the candidates with the appropriate forms and other
information.
RECOMMENDATION
Staff recommends that the Town Council adopt the following resolutions:
• Calling the Election on November 3, 2009
• Requesting Consolidation of Election Services with the County of Marin
• Establishing the Cost and Payment requirements for Candidate's Statements
EXHIBITS
• Municipal Election Calendar
• Resolutions
Prepared By: Diane Crane Iacopi, Town Clerk
November 3, 2009 Consolidated.xls
City Elections
Consolidated with County
November 3, 2009
Laws in effect in 2009
(Calendar laws updated 1012008)
(check with your county for their deadlines for arguments and rebuttal filings)
Date(s)
E minus
to E minus
Action
May 15
-172
Suggested Last Day to File Petitions Regarding Measure
June 29
-127
Suggested Last Day for Council to Adopt Resolutions
June 29
to July 13
-127
-113
Election Official to Publish Notice of Election - Candidates
July 6
-120
Last Day to Adopt Regulations for Candidates Statements
July 13
to August 7
-113
-88
Filing Period for Nomination Papers and Candidate's Statements
July 14
-112
Suggested Last Day to Call Election For Ballot Measures
July 15
-111
Suggested Last Day to Post Notice of Deadline for Filing Arguments
July 28
-98
Suggested Last Day to File Arguments / Must Be 14 days after Council calls Election
July 31
Last Day to File Campaign Expenditure Statements - Semi-Annual Statement
August 7
-88
Suggested Last Day to File Rebuttal Arguments / 10 Days after Arguments
August 7
-88
Last Day to Call Election For Ballot Measures
August 7
-88
-85
Last Day to File Nomination Papers
August 12
-83
Last Day to File Nomination Papers - Extended Filing Period
August 12
-83
Last Day to Withdraw Measure(s) from Ballot
August 13
-82
Secretary of State to Determine Order of Names on Ballot
August 20
-75
Time to Cancel Election - Insufficient Candidates
September 7
to October 20
-57
-14
Filing Period for Write-in Candidate
September 24
-40
Last Day to File Campaign Expenditure Statements - 1st Pre-election Statement
October 5
-29
First Day to Mail out Permanent Vote-by-Mail Voter Ballots
October 5
to October 27
-29
-7
Voters May Request Vote-by-Mail Ballots with Regular Applications
October 13
-21
Last Day to Mail Sample Ballots and Polling Place Notices
October 19
-15
Last Day to Register to Vote
October 20
-14
Last Day to File for Write-in Candidate
October 22
-12
Last Day to File Campaign Expenditure Statements - 2nd Pre-election Statement
October 27
-7
Last Day for Election Official to Publish Notice of Nominees
October 28
to November 3
-6
Emergency/Late Vote-by-Mail Voting Period
November 2
-1
Last Day for Council to Adopt Procedures to Resolve Tie Vote
November 3
0
ELECTION DAY
November 3
0
Last Day to Receive Vote-by-Mail Voter Ballots
No Later Than December 18
45
Last Day to Declare Results & Install Newly Elected Mayor, Councilmember(s), Etc.
December 1 December 18
E+28+17+?
Reorganize Council and Choose Mayor and Mayor Pro Tern
December 9 December 27
36 54
Filing of Statement of Economic Interests
January 31
Last Day to File Campaign Expenditure Statements - Semi-Annual Statement
April 1, 2011
Last Day to Submit Report on Measures to Secretary of State
(R10/8/2008)
Prepared by Martin + Chapman Co. www.martinchapman.com
RESOLUTION NO. XX-2009
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
ORDERING AND CALLING A MUNICIPAL ELECTION
IN THE TOWN OF TIBURON
ON NOVEMBER 3, 2009 FOR THE PURPOSE OF
ELECTING THREE COUNCILMEMBERS
BE IT RESOLVED by the Town Council of the Town of Tiburon, that it is
hereby ordered as follows:
Section 1. Date of Election - Offices to be Filled.
A general municipal election is hereby called and ordered to be held in the
Town of Tiburon, State of California, on Tuesday, November 3, 2009, for the
purpose of electing three Town Councilmembers, the terms of the incumbents of
which are about to expire.
Section 2. Registration to Close October 19, 2009.
Registration for said election shall close on October 19, 2009; no persons
registered after that date will be entitled to vote at said election.
Section 3. Procuring and Filing Nomination Papers.
Nomination papers may be procured from the Town Clerk and shall be
filed with the Town Clerk no later than 5:00 P.M. of the eighty-eighth day before
the election, or August 7, 2009. Town Hall is normally closed on Friday but the
Town Clerk will open the office for the purposes of filing on that day.
Nomination papers may not be circulated prior to July 13, 2009 and must
be filed no later than 5:00 P.M. on August 7, 2009. If any one of the incumbents
does not file for re-election to office by August 7, 2009 at 5:00 P.M., the filing
period for such office is extended until 5:00 P.M. on August 12, 2009, for non-
incumbent candidates only.
Section 4. Time When Polls Are Kept Open.
At said election the polls shall be opened at 7:00 A.M. of the day of said
election, and shall be kept open until 8:00 P.M. in the evening of the same day,
when the polls shall be closed, subject to the provisions of Section 10242 of the
Elections Code.
Resolution No.xx-2009 - Calling November 3, 2009 Election
Section 5. Certification of Vote by Council.
The Council shall meet at its usual meeting place on the first available date
following the canvass of the vote by the County Registrar of Voters to certify the
election and install the newly elected officers. The official date of assuming office
shall be December 4, 2009.
Section 6. Publishing Notice of Election.
The Town Clerk shall cause to be published in a newspaper of general
circulation a Notice of Election which will include the date of election, hours the
polls open and close and the offices to be filled.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on June xx, 2009, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Resolution No.xx-2009 - Calling November 3, 2009 Election 2
RESOLUTION NO. XX-2009
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON REQUESTING
THE MARIN COUNTY BOARD OF SUPERVISORS
TO CONSOLIDATE THE ELECTION AND AUTHORIZE THE
COUNTY CLERK TO RENDER SERVICES REGARDING THE
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2009
WHEREAS, the Town Council of the Town of Tiburon has ordered an
election for November 3, 2009; and
WHEREAS, pursuant to Section 10403 of the California Elections Code, the
Town Council of the Town of Tiburon may request the Board of Supervisors of the
County of Marin to consolidate the General Municipal Election with any other
election conducted on the same date; and
WHEREAS, pursuant to Section 10002 of the Cali fornia'Elections Code, the
Town Council of the Town of Tiburon may request the Board of Supervisors to
permit the County Clerk to render specified services to said Body relating to the
conduct of the election on a reimbursable basis,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Tiburon as follows:
That the Board of Supervisors of the County of Marin is hereby
requested to consolidate the election and authorize the County Clerk
to render the following specified services for said Body relating to the
conduct of the election to be held on November 3, 2009:
Voter Indexes
Voter Count by Precinct
Verification of Signatures
Drayage and Rental of Polling Places
Printing of Measures and Arguments
Printing of Sample and Official Ballots
Appointment and Notification of Election Officers
Mailing of Sample Ballots and Polling Place Notification
Precinct Supplies
Training of Precinct Workers
Processing of Absentee Ballots
Central Counting
Canvass of Votes Cast
Resolution No.xx-2009 - Consolidate November 3, 2009 Election
2. That the Clerk of said Body be and hereby is ordered and directed to
file a copy of this resolution with the Board of Supervisors of the
County of Marin.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on June xx, 2009, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
. ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Resolution No.xx-2009 - Consolidate November 3, 2009 Election
RESOLUTION NO. XX-2009
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
PROVIDING THAT THE COST OF PRINTING AND HANDLING
THE CANDIDATE'S STATEMENT
SHALL BE BORNE BY THE CANDIDATE
AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED
WHEREAS, Section 13307 of the California Election Code provides that candidates for
nonpartisan elective office in any local agency, including any city, county, or district, may
prepare a candidate's statement of qualifications, which statement may include the name, age and
occupation of the candidate and a brief description of no more than 200 words of the candidate's
education and qualifications; and
WHEREAS, the amount for printing 200 words has been estimated by the County of
Marin to be $192 for each typed candidate's statement of qualifications in the November 3, 2009
municipal election;
NOW, THEREFORE, BE IT RESOLVED, that in the event a candidate wishes to avail
himse,lf/herself of the right to prepare a candidate's statement of qualifications, that the cost of
printing will be borne by the candidate and not by the Town of Tiburon;
BE IT FURTHER RESOLVED that the estimated cost of $192 for printing candidate's
statements of qualifications shall be paid for in advance by the candidate at the time Nomination
Papers are filed with the Town Clerk.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on June xx, 2009, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK