HomeMy WebLinkAboutTC Agenda Packet 2017-06-21 TOWN OF TIBURON Tiburon Town Council
Tiburon Town Hall June 21,2017
1505 Tiburon Boulevard
" Regular Meeting
- Tiburon, CA 94920 7:30 p.m.
TIBURON
TOWN COUNCIL
AGENDA
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks,Vice Mayor O'Donnell,Mayor Fraser
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this time.
Please note however, that the Town Council is not able to undertake extended discussion or action on
items not on the agenda. Matters requiring action will be referred to the appropriate Commission,Board,
Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit
your comments to three(3)minutes.
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless a request
is made by a member of the Town Council,public or staff to remove an item for separate discussion and
consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor
and do so at this time.
CC-1. Town Council Minutes-Adopt minutes of June 6,2017 special meeting(Town Clerk Stefani)
CC-2. Town Council Minutes-Adopt minutes of June 13,2017 special meeting(Town Clerk Stefani)
CC-3. Municipal Code Amendments - Adopt ordinance making amendments to modify residency
requirements for the Design Review Board(Community Development Department)
CC-4. Municipal Code Amendments - Adopt ordinance making amendments to establish
streamlined review procedures for Electric Vehicle Charging Stations (Community Development
Department)
CC-5. Gann Resolution - Adopt appropriations limit for Fiscal year 2017-18 (Office of the Town
Manager)
CC-6. Town Council Election - Adopt resolutions a) calling an election on November 7, 2017; b)
requesting consolidation of election services with the County of Marin;and c)providing that the
cost of printing the candidate's statement shall be borne by the candidate (Town Clerk Stefani)
CC-7. Reappointment to Town Boards,Commissions,Committees-Consider reappointment of Dr.
Sue Kwentus to a full term on the Marin Commission on Aging(Town Clerk Stefani)
CC-8. Marin County Civil Grand Jury Response- Approve Town's response to Marin County Civil
Grand Jury Report:Overcoming Barriers to Housing Affordability(Office of the Town Manager)
CC-9. Management and Unrepresented Employee Compensation Program - Adopt resolutions
amending the Town's Management and Unrepresented Employee recognition and incentive
compensation programs for Fiscal Year 2017-18(Director of Administrative Services Bigall)
ACTION ITEMS
AI-1. Auto License Plate Reader System - Consider authorization of replacement of the Town's
Automatic License Plate Reader System(Office of the Town Manager/Police Department)
AI-2. Open Space Management Update - Receive staff's report on open space management funding
and consider desired level of funding to be included in the Fiscal Year 2017-18 Budget
(Department of Public Works)
AI-3. Town Budget - Adopt resolution approving Fiscal Year. 2017-18 Tiburon Municipal Budget
(Office of the Town Manager/Department of Administrative Services)
AI-4. Vacancies on Town Council-Consider making two interim appointments to fill two vacancies
on the Town Council(Office of the Town Manager)
PUBLIC HEARINGS
PH-I. Cypress Hollow Landscape &r Lighting District (LLD) - Hold annual protest hearing and
consider adoption of resolution to continue the LLD assessment for fiscal year 2017-2018
(Department of Public Works)
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
WEEKLY DIGESTS
• Town Council Weekly Digests-June 9&z 16,2017
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting,please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
www.townoftiburon.org.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address,phone number and brief description of the requested materials and preferred
alternative format or auxiliary aid or service at least 5 days before the meeting.
Requests should be sent to the Office of the Town Clerk at the above address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at,or prior to,the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
TOWN COUNCIL
SPECIAL MEETING
DRAFT MINUTES
CALL TO ORDER
Mayrrmnia.
er called the sp ial meeting of the Tiburon Town Council to order at 7:00 p.m.
on Ty, June 6, 2 7, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
Calif
ROLL CALL
PRESENT: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell, Tollini
ABSENT: COUNCILMEMBERS: One Vacant Seat
PRESENT: EX OFFICIO: Town Manager Chanis, Town Clerk Stefani
ORAL COMMUNICATIONS
There were none.
INTERVIEWS FOR INTERIM VACANCIES ON TOWN COUNCIL
(Tiburon Town Council—Two vacancies for interim appointment)
Mayor Fraser gave a brief outline of the interview format for each of the seven candidates being
interviewed this evening. Fraser announced that one candidate, Caroline Yong,had withdrawn her
application before the meeting began, and therefore, would not be interviewed.
Lynn Fox announced at her scheduled interview time she would also be withdrawing her application.
The following individuals interviewed before the Town Council:
• Larry Tint
• Karol Towns
• Charles Lynch
• John Leszczynski
Ahead of schedule, Mayor Fraser announced a recess at 8:35 p.m. The Council reconvened at
8:57p.m.
• Stephen Wanat
• Melvyn Mark
Town Council Minutes#11 -2017 DRAFT June 6, 2017 Page I
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser
adjourned the meeting at 9:35 p.m.
JIM FRASER, MAYOR
ATTEST:
LEA STEFANI, TOWN CLERK
Town Council Minutes#11 -2017 DRAFT June 6, 2017 Page 2
cc -2-
TOWN COUNCIL
SPECIAL MEETING
DRAFT MINUTES
CALL TO ORDER
Mayor Fr �r"56" tfie'specia eeting of the Tiburon Town Council to order at 7:00 p.m.
on Tue day, June 13, 2017, i own Council Chambers, 1505 Tiburon Boulevard, Tiburon,
Caliform .
ROLL CALL
PRESENT: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell
ABSENT: COUNCILMEMBERS: Two Vacant Seats
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock,Town
Clerk Stefani
ORAL COMMUNICATIONS
There were none.
INTERVIEWS FOR INTERIM VACANCIES ON TOWN COUNCIL
(Tiburon Town Council—Two vacancies for interim appointment)
Mayor Fraser gave a brief outline of the interview format for each of the candidates being
interviewed this evening.
The following individuals interviewed before the Town Council:
• Holli Thier
• Jerry Jacobs
• Brian McCullough
• Patrick Sherwood
• David Bloch
ACTION ITEMS
AI-1. Town Council Vacancies—Discuss appointment process for two interim appointments
(Office of the Town Manager)
Town Manager Chanis said this was the final meeting of interviews for the two vacancies on the
Town Council. He said there were 22 initial applicants, and 16 now remain up for consideration by
Town Council Minutes#xx-2017 DRAFT June 13, 2017 Page I
the Council after six withdrawals. Given the number of candidates,he said the Council may wish to
discuss how to conduct the appointment process scheduled for the next regular meeting of June 21,
2017.
Chanis said there is no established way of going about the narrowing of many candidates for an
appointment, but a common theme is to conduct a preliminary tally of each councilmember's
preferred candidates.He said each councilmember may report to the rest of the Council their own top
candidates, and the Council may use this preferred list to guide their deliberations.
Vice Mayor O'Donnell thought a discussion of individual candidates and their merits might be
valuable because different candidates bring different skillsets. Mayor Fraser agreed.
Councilmember Fredericks did not necessarily believe the Council would be constrained from
discussion on the candidates if each councilmember were to bring forward a list of their own
preferred candidates.
Town Attorney Stock said the initial tally of candidates is not a vote or a secret ballot.Furthermore,
he said the Council is in no way bound by the initial tally: the tally is a source of information to be
utilized by the Council in their deliberations, and the Council may still vote for or appoint a
candidate that was not named in the initial tally.
The Council was in agreement that conversation on a smaller subset of candidates was appropriate,
and a discussion followed as to exactly how many candidates should be brought forward by each
councilmember for discussion, and how to eliminate candidates further.
Town Attorney Stock said another way to do this would be for the Mayor to come forward with his
list of preferred candidates,and the other councilmembers may add on to the list. He said that when
the Council feels there is an adequate subset of candidates, discussion on the individual merits of
each may begin. Either way, he said the first step is to determine how many preferred candidates
should be allotted to each councilmember.
Councilmember Fredericks wished to clarify that the Council would have the opportunity to make
comments about why they see certain candidates as a good fit for the Council. Stock confirmed that
there would need to be deliberation after any subset of candidates was identified.
Mayor Fraser asked at what point in the discussions the public would share their comments. Stock
recommended opening the floor for public comment before each councilmember suggests their top
candidates and deliberations begin.
Mayor Fraser opened the floor for public comment.
Deirdre McCrohan,The Ark newspaper,read a letter that had been submitted to the Council earlier
that day, expressing concern over a secret ballot as a way to tally the councilmembers' preferences.
The letter suggested that any such written ballot with the selections of each councilmember be read
Town Council Minutes#xx-2017 DRAFT June 13, 2017 Page 2
aloud into the record, rather than just the final collective results of the ballot.
George Landau, Sugarloaf Drive, said there was precedent for making the appointment to the
Council from the last unscheduled vacancy on the Town Council in 2013, following the death of a
councilmember. He said the Council took turns nominating candidates,and while there were not as
many candidates, the process still very open and fair.
Mayor Fraser closed the floor for public comment. A discussion followed based on the comments
made to ensure any discussion of councilmember preferences was transparent to the public.
Vice Mayor O'Donnell suggested verbally moving through the entire list of candidates,and allowing
each councilmember to verbally state if that candidate deserves further consideration before being
moved to the subset list.Town Attorney Stock said the Council would still need to decide how many
preferred candidates were allotted to each councilmember. Councilmember Fredericks did not like
the idea of publicly announcing the sentiment that an individual candidate should not be added to
their subset list of candidates.
The Council was in agreement that the end goal was the same: to publicly announce each
councilmember's list of preferred candidates,and use that information to deliberate individual merits
until a nomination can be made and a vote passed. Stock added that if there is one "standout"
candidate amongst the entire Council,a nomination can be made immediately for that individual,and
a discussion can follow for the second seat.
A discussion followed as to how many candidates each councilmember should bring forward for the
first subset list and strategies to further narrow down that list if necessary. The Council agreed that
each councilmember should be prepared to verbally announce their four preferred candidates after
public comment, and deliberation will follow.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser
adjourned the meeting at 9:26 p.m.
JIM FRASER, MAYOR
ATTEST:
LEA STEFANI, TOWN CLERK
Town Council Minutes#xx-2017 DRAFT June 13, 2017 Page 3
TOWN OF TIBURON Town Council Meeting
June 21,2017
1505 Tiburon Boulevard Agenda Item:
Tiburon,CA 94920
W, 1
STAFF
POR
To: Mayor & Members of the Town Council
From: Community Development Department
Subject: Municipal Code Amendment to Title I, Chapter 2 (Administration) to
Modify the Residency Requirements for the Design Review Board
(Ad opti of Ordinance)
Reviewed by:
BACKGROUND
The Town Council held first reading of this ordinance following a public hearing at its meeting
on June 7, 2017, and waived additional readings. The ordinance now comes to the Town
Council for consideration of adoption.
PROCEDURE
This is a Consent Calendar item. The Council's motion to adopt this item on the Consent
Calendar will constitute a motion to confirm the waiver of second reading from the previous
meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item
on the Consent Calendar will constitute the equivalent of a roll call vote and will be recorded
within the ordinance. Should any Councilmember choose to vote differently on this item than
other items on the Consent Calendar, then the vote on this item should be taken separately from
other items appearing on the Consent Calendar such that individual votes may be properly
recorded. Should the Council or a member of the public wish to discuss the item, it must be
removed from the Consent Calendar and voted upon separately.
RECOMMENDATION
Staff recommends that the Town Council approve the adoption of Ordinance No. 574 N. S., a
draft of which is attached as Exhibit 1, as part of the Consent Calendar.
EXHIBIT
1. Draft Ordinance No. 574 N. S.
Prepared by: Scott Anderson,Director of Community Development
ORDINANCE NO. 574 N. S. (DRAFT)
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING TITLE I, CHAPTER 2, SECTION 2-20 OF THE TIBURON MUNICIPAL
CODE REGARDING THE COMPOSITION OF THE DESIGN REVIEW BOARD
BE IT ORDAINED BY THE TOWN COUNCIL AS FOLLOWS:
SECTION 1. FINDINGS.
A. The Town Council seeks to ensure that all members of the Town's Design Review Board
are required to be residents of the Town of Tiburon.
B. The Town Council held a duly noticed public hearing on June 7, 2017 and has heard and
considered all public testimony on the proposed Ordinance.
C. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
D. The Town Council finds that adoption of this amendment is consistent with the goals and
policies of the Tiburon General Plan.
E. The Town Council finds that adoption of this ordinance is statutorily exempt from the
requirements of the California Environmental Quality Act(CEQA) pursuant to Section
15378 in that the amendment does not constitute a project under CEQA, and if it were
found to constitute a project, it would be exempt per Section 15061(b)(3) of the CEQA
Guidelines as it can be seen with certainty that the proposed amendment will have no
significant adverse effect on the environment.
SECTION 2. AMENDMENT OF MUNICIPAL CODE.
Title I, Chapter 2, Section 2-20 of the Tiburon Municipal Code is hereby amended to read as
follows:
The design.review board shall consist of five (5) members, at least one of whom should
be a professional architect, and all of whom shall be residents of the Town of Tiburon.
Members shall be appointed by the affirmative vote of a majority of the town council,
and may be removed by the affirmative vote of a majority of the town council.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of the Ordinance. The Town
Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any
Town of Tiburon Ordinance No. 574 N.S.DRAFT Effective--1--/2017 Page I
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage,
and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation published in the Town of Tiburon.
This ordinance was read and introduced at a regular meeting of the Town Council of the
Town of Tiburon, held on June 7, 2017, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon, held on , 2017, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
Town of Tiburon Ordinance No. 574 N.S. DRAFT Effective--1--/2017 Page 12
TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard June 21,2017
1 Agenda Item:tin
Tiburon,CA 94920
STAFF PO.
To: Mayor & Members of the Town Council
From: Community Development Department
Subject: Municipal Code Amendment: Consider Amending Chapter 13
(Building Regulations) of the Tiburon Municipal Code to Establish
Streamlined Review Procedures for Electric Vehicle Charging Stations;
File CA 2017-001 (Adoption of Ordinance)
Reviewed by:
BACKGROUND
The Town Council held first reading of this ordinance following a public hearing at its meeting
on June 7, 2017, and waived additional readings. The ordinance now comes to the Town
Council for consideration of adoption.
PROCEDURE
This is a Consent Calendar item. The Council's motion to adopt this item on the Consent
Calendar will constitute a motion to confirm the waiver of second reading from the previous
meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item
on the Consent Calendar will constitute the equivalent of a roll call vote and will be recorded
within the ordinance. Should any Councilmember choose to vote differently on this item than
other items on the Consent Calendar, then the vote on this item should be taken separately from
other items appearing on the Consent Calendar such that individual votes may be properly
recorded. Should the Council or a member of the public wish to discuss the item, it must be
removed from the Consent Calendar and voted upon separately.
RECOMMENDATION
Staff recommends that the Town Council approve the adoption of Ordinance No. 575 N. S., a
draft of which is attached as Exhibit 1, as part of the Consent Calendar.
EXHIBIT
1. Draft Ordinance No. 575 N. S.
Prepared by: Scott Anderson,Director of Community Development._.. __-
ORDINANCE NO. 575 N. S. (DRAFT)
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING CHAPTER 13 (BUILDING REGULATIONS) TO PROVIDE AN
EXPEDITED, STREAMLINED PERMITTING PROCESS FOR
ELECTRIC VEHICLE CHARGING STATIONS
BE IT ORDAINED BY THE TOWN COUNCIL AS FOLLOWS:
SECTION 1. FINDINGS.
A. The Town Council seeks to implement mandated provisions of California Government
Code section 65850.7 through the creation of an expedited, streamlined review and
permitting process for electric vehicle charging stations.
B. The Town Council wishes to advance the use of electric vehicles by its citizens, visitors
and businesses.
C. The Town Council seeks to meet the Climate Action Plan's goals that it has adopted for
the Town.
D. The Town Council recognizes that electric vehicle charging stations increase
opportunities for clean energy use and reductions in greenhouse gas emissions, among
other environmental benefits.
E. Creation of an expedited, streamlined permitting process for electric vehicle charging
stations would facilitate convenient charging of electric vehicles and help reduce the
Town's reliance on environmentally damaging fossil fuels.
F. The Town Council held a duly noticed public hearing on June 7, 2017 and has heard and
considered all public testimony on the proposed Ordinance.
G. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
H. The Town Council finds that the actions made by this Ordinance are necessary for the
protection of the public health, safety by prescribing minimum standards for the use,
design, and installation of electric vehicle charging stations and by requiring a permit and
inspection for installation, alteration, and replacement of said equipment.
I. The Town Council finds that adoption of these amendments is consistent with the goals
and policies of the Tiburon General Plan.
J. The Town Council finds that adoption of this ordinance is exempt from the requirements
of the California Environmental Quality Act(CEQA)pursuant to Sections 15268
(ministerial actions), 15305 (minor alterations to land use limitations), and 15061(b)(3)
(general rule) of the CEQA Guidelines. It can be seen with certainty that the proposed
amendments will have no significant adverse effect on the environment.
Town of Tiburon Ordinance No. 575 N.S. DRAFT F,ffective--1--/2017 Page I1
SECTION 2. AMENDMENT OF CHAPTER 13.
Title IV, Chapter 13, Article V is hereby added to the Tiburon Municipal Code to read as
follows:
Article V. Expedited Permit Process for Electric Vehicle Charging Stations
13-1.1 Purpose and intent.
The purpose of this Article is to provide an expedited, streamlined Electric Vehicle Charging
Station permitting process that complies with Section 65850.7 of the California Government
Code in order to achieve timely and cost-effective installations of Electric Vehicle Charging
Stations. This Article encourages the installation of Electric Vehicle Charging Stations by
removing unreasonable barriers and minimizing costs of installation. This Article allows the
Town to achieve these goals while protecting the public health and safety.
13-12 Definitions.
As used in this Article, the following terms, phrases, and words are defined as set forth below,
and shall be construed in compliance with the definitions set forth under California Government
Code section 65850.7:
A. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact"has the
meaning set forth in California Government Code section 65850.7, as may be amended from
time to time.
B. "Application Checklist" means that certain checklist adopted by the Town's building division
with all application requirements with which Electric Vehicle Charging Stations shall comply to
be eligible for expedited review.
C. "Building Official" means the Building Official of the Town of Tiburon or the person
designated by the Building Official as the person responsible for administering the provisions of
this Article.
D. "Charging Station Permit" means a permit for an Electric Vehicle Charging Station issued
administratively by the Building Official.
E. "Electronic Submittal"has the meaning set forth in California Government Code section
65850.7, as may be amended from time to time.
F. "Electric Vehicle Charging Station"has the meaning set forth in California Government Code
section 65850.7, as may be amended from time to time.
G. "Specific, adverse impact"has the meaning set forth in California Government Code section
65850.7, as may be amended from time to time.
H. "Town" means the Town of Tiburon located in California.
Town of Tiburon Ordinance No. 575 N.S.DRAFT Effective--1--/2017 Page 12
13-13 Applicability.
A. This Article applies to the permitting of all Electric Vehicle Charging Stations in the Town.
B. Notwithstanding the foregoing, Electric Vehicle Charging Stations legally established or
permitted prior to July 7, 2017 are not subject to the permitting requirements of Section 13-14 of
this Article unless physical modifications or alterations are undertaken that materially change the
size, type, or components of the Electric Vehicle Charging Station in such a way as to require
new permitting. Routine operation and maintenance or like-kind replacements of the
components of an Electric Vehicle Charging Station shall not be considered a material change.
13-14 Electric Vehicle Charging Station requirements.
A. All Electric Vehicle Charging Stations shall require a permit issued in accordance with
Section 13-14 of this Article. It shall be unlawful for any person to install, operate, or maintain
an Electric Vehicle Charging Station without such a permit for such work, and the permit shall
be secured from the Building Official by the Electric Vehicle Charging Station's owner or the
owner's agent.
B. All Electric Vehicle Charging Stations erected, constructed, installed, altered, replaced, or to
which additions are made shall comply with all of the provisions of all applicable health and
safety standards and requirements of local, state, and federal law, including, without limitation,
the Town of Tiburon Municipal Code, the fire district, and any other local permitting authority.
C. Electric Vehicle Charging Stations shall meet all applicable safety and performance standards
established by the California Electrical Code, the Society of Automotive Engineers, the Institute
of Electrical and Electronics Engineers, the National Electrical Manufacturers Association,
accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of
the Public Utilities Commission regarding safety and reliability.
13-15 Applications and documents.
A. Every application to the Building Official for the installation, alteration, or replacement of an
Electric Vehicle Charging Station shall be in writing and contain the information set forth in the
Application Checklist and such other information as the Building Official may reasonably
require to carry out the purpose of this Article. The Application Checklist and all other
documents required for the submission of an Electric Vehicle Charging Station application
subject to provisions of this Article shall be made available on the Town website.
B. The applicant may submit the permit application and associated documentation to the
Building Division of the Town by personal delivery, mail, or Electronic Submittal, together with
any required permit processing and inspection fees. An applicant's electronic signature shall be
accepted on all forms, applications, and other documents in lieu of a wet signature.
13-16 Permit review and issuance.
A. The Building Official shall implement an administrative, nondiscretionary review process to
expedite approval of Electric Vehicle Charging Stations.
Town of Tiburon Ordinance No. 575 N.S. DRAFT Effective--1--/2017 Page 13
B. An application that satisfies the information requirements of the Application Checklist and
this Article, as determined by the Building Official, shall be deemed complete. Upon
confirmation by the Building Official that the application and supporting documents are
complete and that they meet the requirements of the Application Checklist and this Article,the
Building Official shall approve the application and issue a Charging Station Permit.
C. Upon receipt of an incomplete application, the Building Official shall issue a written
correction notice detailing all deficiencies in the application and any additional information
required to be eligible for expedited permit issuance.
D. Review of the application shall include a determination by the Building Official that the
proposed Electric Vehicle Charging Station (i) meets local, state, and federal health and safety
requirements; and (ii) meets all applicable safety and performance standards established by the
California Electrical Code, the Society of Automotive Engineers, the Institute of Electrical and
Electronics Engineers, the National Electrical Manufacturers Association, accredited testing
laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability.
E. If the Building Official finds and determines, based on substantial evidence, that the Electric
Vehicle Charging Station would have a specific, adverse impact upon the public health or safety
and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact,
the Building Official shall make written findings to support this determination and may require
an applicant to apply for an administrative Electric Vehicle Charging Station use permit. The
findings shall include the basis for the rejection of potential feasible alternatives of preventing
the adverse impact. The determination of the Building Official becomes final unless the decision
is appealed to the Planning Commission, whose decision shall be final.
F. Any condition imposed on an application shall be designed to mitigate the specific, adverse
impact upon the public health or safety at the lowest cost possible.
G. If the Building Official requires an administrative Electric Vehicle Charging Station use
permit, the Planning Commission shall approve an application for an administrative Electric
Vehicle Charging Station use permit, provided the Planning Commission determines there is a
feasible method to satisfactorily mitigate or avoid the specific, adverse impact upon public health
and safety. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact
includes, without limitation, any cost-effective method, condition, or mitigation imposed by the
Town on another similarly-situated application in a prior successful application for a permit.
The Planning Commission may impose such conditions upon the issuance of a use permit that
are designed to mitigate the specific, adverse impact upon the public health and safety at the
lowest cost possible. If the Planning Commission determines there are not feasible methods to
satisfactorily mitigate or avoid a specific, adverse impact upon health and safety, the Planning
Commission may deny the application for an administrative use permit, provided it makes
written findings to support such determination. The findings shall include the basis for the
rejection of potential feasible alternatives of preventing the specific, adverse impact.
Town of Tiburon Ordinance No. 575 N.S. DRAFT Effective 4--/2017 Page 14
H. Town approval of an application for Electric Vehicle Charging Station shall not be
conditional on approval by an association, as that term is defined in Section 4080 of the
California Civil Code.
13-17 Entry upon premises—when authorized.
A. The Building Official shall have access to the premises described in a permit or application
for a permit for the Electric Vehicle Charging Station in order to inspect the progress of the
work.
B. In the event of any default in the performance of any term or condition of the permit, the
Building Official, or any person employed or engaged on his behalf, shall have the right to go
upon the premises to complete the required work or to remove or demolish the Electric Vehicle
Charging Station.
C. No person shall interfere with nor obstruct the ingress or egress to or from any such premises
of any authorized representative or agent of the Town engaged in the work of completing,
demolishing, or removing any Electric Vehicle Charging Station for which a permit has been
issued, after a default has occurred in the performance of the terms or conditions thereof.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of the Ordinance. The Town
Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
SECTION 4. INTENT TO COMPLY WITH LAWS.
The Town Council intends this ordinance to supplement, not to duplicate or contradict,
applicable state and federal law, and this Ordinance shall be construed in light of that intent.
SECTION 5. EFFECTIVE DATE.
This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
Pursuant to the provisions of the California Government Code, a summary of this ordinance shall
be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at
which adoption of the ordinance is scheduled, the Town Clerk shall (1)publish the summary in a
newspaper of general circulation in the Town of Tiburon, and(2)post in the office of the Town
Clerk a certified copy of this ordinance. Within fifteen(15) days after the adoption of this
ordinance, the Town Clerk shall (1)publish the summary in a newspaper of general circulation in
the Town of Tiburon, and (2)post in the office of the Town Clerk a certified copy of the
ordinance along with the names of those Council members voting for and against the ordinance.
Town of Tiburon Ordinance No. 575 N.S. DRAFT Effective--1--/2017 Page 15
This ordinance was read and introduced at a regular meeting of the Town Council of the
Town of Tiburon, held on June 7, 2017, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon, held on , 2017, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
Town of Tiburon Ordinance No. 575 N.S.DRAFT Effective--1--/2017 Page 16
TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard June 21,2017
Agenda Item:
�- Tiburon, CA 94920 a
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Subject: Rec mmendation to Adopt an Appropriations Limit (Gann) for
FY/207-18
Reviewed By: ((
BACKGROUND
Proposition 4, approved by California voters in November 1979, established and defined annual
expenditure appropriation limits on all government entities. Proposition 4 became effective in
Fiscal Year 1980-81; however the calculations to determine the annual limit are carried from a
Fiscal Year 1978-79 base. Proposition 4 was modified in 1990 with the passage of Proposition
111, which slightly changes the annual adjustment factors, further identification of the types of
expenditures which are excluded from the limit, and provisions for the exclusion of emergency
expenditures from the limit. Implementation legislation provides that the Town Council shall, at
a regularly scheduled meeting, establish by resolution the amount of appropriation subject to
limitation. The State is to be provided with informational forms with the filing of the Annual
Statement of Financial Transactions no later than ninety days after the start of the fiscal year.
The appropriations limit is the calculated dollar amount which limits the Town's ability to receive
and expend proceeds of taxes. Such revenues include: Property Taxes, ERAF rebates, Sales
Taxes, Real Property Transfer Taxes, Transient Occupancy Taxes, Business License Taxes, State
Motor Vehicle Fees, Off-Highway Taxes, certain rental income, other revenues and rebates, a
share of Investment Earnings, and transfer of fiends from other fiends into reserves of the General
Fund.
The limit is calculated by adjusting the previously adopted limit by factors which include: (1) the
State of California Per Capita Income Growth, and (2) the Town's Population Growth. Both
these figures are provided by the State Department of Finance. The limit is further adjusted if
cities bear the costs of legislated fees for the transfer of responsibility. The County,through SB
2335, established fees for the collection of property taxes, which are not subject to the limit.
ANALYSIS
The calculation for the Town of Tiburon's Appropriations Limitation for FY 2017-18 is
illustrated below:
TOWN OF TIBURON PAGE 1 OF 3
-h w,11 Council N`lcerin
MIC 21,2.017
Gann Limit Calculation —FY 2017-18
Amount
1. Previously established limit, July 1, 2015 $8,901,503
2. Adjustment Factors
Per capital personal income 3.69%
Population growth 0.12%
3. Multiplier, for adjustment to limit (1.0369 x 1.0012) 1.03814
4. Annual Adjustment Amount (1) x (3) $339,541
5. Add: legislated pass-through fees
County property tax collection $63,000
6. Revised limit, July 1, 2017 $9,304,044
Once the Appropriations Limitation has been determined for the upcoming fiscal year, Staff must
then determine the amount of revenues that the Town expects to receive that are subject to the
limit. The table below illustrates revenues that are subject to the Gann Limit.
2017-18 Appropriations Subject to Gann Limit
Amount
A. Proceeds of Taxes $ 7,533,851
B. Exclusions -0-
C. Appropriations subject to Limitation $ 7,533,851
D. Current Year Limit (from above) $ 9,304,044
E. Over (Under) Gann Limit ($1,770,194)
F. Percent Over (Under) Limit (23.50%)
Any additional revenues received during FY 2017-18 that are considered "proceeds of taxes" will
reduce the amount the Town is currently under the Gann Limit.
m......
......
.. __..._..._..____....__.__
1110 21,2017
FINANCIAL IMPACT
There is no financial impact in adopted the Appropriations Limitation resolution.
RECOMMENDATION
Staff recommends that the Town Council:
1. Move to approve a Resolution Establishing the Appropriations Limit for Fiscal Year
2017-18
Exhibits: 1. Draft Resolution
Prepared By: Suzanne Creekmore, Management Analyst
_..__.__....._._.__..._.____....._._....._._._.._.......____....__...............__................................_.................................._.._.....__.._...... ........................._._....__..._..__.__.._._._........_...._..____._.._._...._..___. _. .. _.....__
TOvv_N or T1131-IZO Pa,c>of 3
RESOLUTION NO. -2017
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ESTABLISHING
AN APPROPRIATION LIMIT FOR FISCAL YEAR 2017-18
PURSUANT TO ARTICLE XIII B. OF THE CONSTITUTION
OF THE STATE OF CALIFORNIA
WHEREAS, Article XIII B. of the Constitution of the State of California requires
governmental jurisdictions to establish appropriations limits each year, and
WHEREAS, the previously established limit for Fiscal Year 2016-17 was
$8,901,503 and the State Department of Finance has determined that the 2017-18 Per
Capita Personal Income Factor is 3.69%, and the Population Change Factor is 0.12%; the
Director of Administrative Services estimates that legislated pass-through fees of the
County will be $63,000; the Director of Administrative Services of the Town of Tiburon
has determined that the appropriations limit in the amount of$9,304,044 shall be
established for Fiscal Year 2017-18.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Tiburon that an appropriations limit in the amount of$9,304,044 is established for Fiscal
Year 2017-18 pursuant to Article XIII B of the Constitution of the State of California.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on June 21, 2017 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
JIM FRASER, MAYOR
ATTEST:
LEA STEFANI, TOWN CLERK
EXHIBIT NO. m
TOWN OF TIBURON Town Council Meeting
June 21 2017
c 1505 Tiburon Boulevard
Tiburon, CA 94920 Agenda Item: CC-
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Clerk
Subject: Recommendation to Adopt Resolutions Pertaining to the
No tuber 7, 8017 Special Election
Reviewed By: �.
BACKGROUND
The Town Clerk must notify the Marin County Clerk and Registrar of Voters in the month of
June of the Town's intention to conduct a municipal election for the purpose of electing members
to the Town Council. Tonight, the Council is adopting resolutions to call for a special election to
fill the two Council vacancies created by the departures of Councilmember Doyle and
Councilmember Tollini.
Actions Required by Council.
Tonight, the Council is asked to adopt a resolution calling for a special election to be held on
November 7, 2017 to fill two seats on the Council, following the resignations of Councilmembers
Doyle and Tollini earlier this year. Those elected will serve the remainder of Councilmembers
Doyle and Tollini's terms—until November 2020.
The Council will then be asked to adopt a resolution requesting that the Board of Supervisors
consolidate these two elections with any elections being conducted by the County of Marin
(which is the normal practice of all 11 cities in Marin). The cost of the special election is
estimated to cost$7.00 - $7.50 per registered voter.
Finally, the Council will be asked to adopt a resolution tonight requiring that the cost of
Candidate's Statements in the upcoming election be borne by the candidates. This is and has
been the Town's practice in previous elections.
Election Calendar.
The nomination period for municipal candidates is July 17—August 11, 2017. The nomination
period will extend(for non-incumbents only)to August 16, 2017 if an incumbent does not file by
the August 11 t" deadline. Other important dates for candidates are contained in the attached
timetable, prepared by the Marin County elections department.
i I t
RECOMMENDATION
Staff recommends that the Town Council adopt the following resolutions on Consent Calendar:
1. Calling a Special Election on November 7, 2017;
2. Requesting Consolidation of Election Services with the County of Marin;
3. Providing that the Cost of Printing of the Candidate's Statements shall be borne by the
Candidates.
Exhibits: 1. Resolutions
2. Election Timetable
Prepared By: Lea Stefani,Town Clerk
RESOLUTION NO. XX-2017
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ORDERING AND CALLING A SPECIAL MUNICIPAL ELECTION IN THE TOWN OF
TIBURON ON NOVEMBER 7, 2017 FOR THE PURPOSE OF
ELECTING TWO 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 special election is hereby called and ordered to be held in the Town of Tiburon, State
of California, on Tuesday, November 7, 2017, for the purpose of electing two Town
Councilmembers, to fill two vacancies for the remainder of the terms of Town Councilmembers
Frank Doyle and Erin Tollini.
Section 2. 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 5:30 p.m. on the eighty-eighth day before the election, or August 11,
2017.
Nomination papers may not be circulated prior to July 17, 2017 and must be filed no later
than 5:30 P.M. on August 11, 2017. If any one of the incumbents does not file for re-election to
office by August 11, 2017 at 3:50 P.M., the filing period for such office is extended until 5:30
P.M. on August 16, 2017, for non-incumbent candidates only.
Section 3. Time When Polls Are Kept Open.
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.
Section 4. 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 date of assuming office shall be Wednesday, December 6, 2017.
Section 5. 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
DRAFT Resolution No.XX-2017-Calling November 7, 2017 Special Election 1
EXHIBIT NO.
offices to be filled.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on June 21, 2017, by the following vote:
AYES: COUNCILMEMBERS:
NAYES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: Two Vacant Seats
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
DRAFT Resolution No.XX-2017-Calling November 7, 2017 Special Election 2
DRAFT RESOLUTION NO. XX-2017
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PROPOSING THAT AN ELECTION BE HELD IN ITS JURISDICTION
AND
REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY
OTHER ELECTION CONDUCTED ON SAID DATE,
AND
REQUESTING ELECTION SERVICES BY THE MARIN COUNTY ELECTION
DEPARTMENT
WHEREAS, it is the determination of the Town Council of the Town of Tiburon to call
a special election on November 7, 2017, to fill the remainder of the terms of Councilmembers
Frank Doyle and Erin Tollini at which election the issue to be presented to the voters shall be:
To elect a member to the Town Council
Number of Short Term Positions (3 years) = 2
NOW, THEREFORE, BE IT RESOLVED,that the Board of Supervisors of the
County of Marin is hereby requested to:
1) Consolidate said elections with any other applicable election conducted on the
same day;
2) Authorize and direct the Elections Department at District expense,to provide all
necessary election services and to canvass the results of said election.
BE IT FURTHER RESOLVED,that the Town Clerk is hereby 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 the 21St day of June, 2017, by the following vote:
AYES: COUNCILMEMBERS:
NAYES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: Two Vacant Seats
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
Request Consolidation of November 7, 2017 Election and Services DRAFT Page 1 of I
RESOLUTION NO. XX-2017
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 $193.00 for each typed candidate's statement of qualifications in the November 7,
2017 election; and $486.00 for the English and Spanish candidate's statement;
NOW, THEREFORE, BE IT RESOLVED,that in the event a candidate wishes to avail
himself/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$193.00 (or$486.00) 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 21, 2017, by the following vote:
AYES: COUNCILMEMBERS:
NAYES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: Two Vacant Seats
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
Important Dates
for the November 7, 2017 Election
#of days before
election
............... ........ ...._ ....... . . ... ..... . ........
July 17, 2017 113 Candidates must pick up nomination documents at the
Nomination period opens Marin County Elections Department.
for all candidates City and Town Council candidates must pick up and file
nomination documents at their City Clerk's office.
I (Some cities charge a filing fee.)
August;!1,201788 Deadline for all candidates and incumbents to:
Nomination' • File all required and optional documents,or withdraw as a
period closes candidate
'i
'Aug 12 thru Aug 21,2017 87-78 During this period, voters can:
Public review of Get copies of any candidate statement, and
candidate statements
i File a Writ of Mandate in Superior Court.
Aug 12 thru Aug 16,2017 87-1183 This nomination penod will open if an incumbent does not
I Extended nomination period I p file by the August 111h deadline. Incumbents maynot tyle
I
begins:. during this period
_. .---------- _.-._....... ............._..... -------------,- ............ ..
l Aug 17 thru Aug 26, 2017 82-73 During this period, voters can:
Public review of candidate Get copies of any candidate statement, and
statements filed in extended
'nomination period File a Writ of Mandate in Superior Court.
............. .....
August 17,'2017 82 The—Secretary of State will conduct random drawings to
Random alphabet drawing' decide the.order of candidate names onithe ballot.
i
'September 8, 2017 60 Marin County Elections Department starts mailing ballots to
=Overseas& military ballots overseas and military voters.
i
'Sept 11 thru Oct 24,2017 57;7.14 Write In Candidates pickup and fileyour papers at the:Marin F
'Write-in candidatesCounty Elections Department.
City& Town Council write-in candidates most pick up and
file'papers with their respective City Clerk's office.
_.............
EXIIBIT NO•�..--
Important Dates
for the November 7, 2017 Election
#of days before
election
September 28,2017 40 Marin County Elections Department starts mailing Voter
=Sample ballot mailing Information Pamphlets to all registered voters in the county.
i
;September 28,2017 40 Candidates must file at least 1 campaign finance statement
iCampaign finance by this date regardless of their level of activity.
i
i
f
;October 9,2017 29 Marin County Elections Department starts mailing vote-by
`Vote-by-mail ballots mail'ballots to all vote-by-mail voters in the county.Any I
Marin County voter'may apply for a ballot and vote at the
Elections Department starting this date.
a
This is the last da re to vote in this October 23,2017 15 y to register g is election.Voter
i Voter registration deadline registration forms received by mail must be postmarked by
i this date.
i
}October 26 2017 ! 12
Candidates who have campaign.:finance committees must
;Campaign finance report all financial activity from the date of their last statement
through 10/21117.
I _
£October 31, 2017 7 This is the last day that voters can apply for a vote-by-mail
Deadline to apply for ballot by U.S. Mail or fax. Voters who miss this deadline can
;vote-by-mail ballots by mail pick up a vote-by-mail ballot at the Elections Department
until 8 pm, November 7, 2017.
............ ..................... _.. . ......... -- .....
November;7,2017 0 Marin County Elections Department and the polls are open
Election Day 7 am—8 pm.
..... . ........ ...__.._
iTo be determined +13 At 9 a.m., Marin County Elections Department randomly
Manual Tally selects 1%of the precincts to count votes by hand(manual
tally).
December 7,2017 +30 The deadline for the Marin County Elections Department to
Election certification certify the county's election results.
TOWN OF TIBURON Town Council Meeting
i 1505 Tiburon Boulevard July 21 2017
h 3 Tiburon,CA 94920
Agenda Item:A 11
STAFF REPORT
To: Mayor and Members of Town Council
From: Town Manager
Subject: Consideration to Approve the Town's Response to the Marin County Civil
Grand cry's Report Entitled Overcoming Barriers to Housing Affordability
Reviewed By: �e
BACKGROUND
On April 12, 2017, the Marin County Civil Grand Jury issued a report entitled Overcoming
Barriers to Housing Affordability. The report, attached as Exhibit 1, identifies several findings
and makes several recommendations regarding obstacles to the production of housing in Marin
County. The report requests that the Town of Tiburon respond only to three of the report's
recommendations. The response must conform to the format required by Penal Code section.
933.05.
Town staff has drafted a written response (Exhibit 2), which is attached for the Town Council's
review.
RECOMMENDATION
Staff recommends that the Town Council review and approve the response letter and authorize
the Town Manager to sign and forward it to the Civil Grand Jury.
EXHIBITS
1. Civil Grand Jury Report entitled Overcoming Barriers to Housing Affordability.
2. Draft Response letter to Civil Grand Jury.
Prepared By: Scott Anderson,Director of Community Development
TOWN OF TIBI IRON Page I o1 I
2016-2017 MARIN COUNTY CIVIL GRAND JURY
Overcoming Barriers
to
HousingAffordability
Report Date: April 6, 2017
Public Release Date: April 12, 2017
a
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COUNTY OF MARIN
:T"'1131T NO.
i
Marin County Civil Grand Jury
Overcoming Barriers to Housing Affordability
SUMMARY
Marin is an expensive place to live, not only for low-income residents but also the average wage
earner. This report offers solutions to improve housing affordability for all households. The
residents of Marin experience the results of the high cost of housing in many ways, including the
fact that our roadways are congested with the cars of commuters, the financial strain that high
housing costs put on low and moderate income households, problems caused by homeless living
on the streets, and the likelihood that our children will have to leave the county to find someplace
where they can afford a home.
The Grand Jury researched how communities (both inside and outside of Marin County)have
addressed key problems of housing affordability that could be applied throughout Marin:
■ Community resistance forms a barrier to virtually any new development in Marin.
Vocal opposition serves to constrain the actions of civic leadership. Attempts to satisfy
the needs of the developer and the needs of the community simultaneously are often
ineffective. We highlight several examples where proactive involvement of the
community with planners and developers has been successful in creating projects that are
win-wins. We suggest that efforts to create early discussions between these parties will
help to overcome this barrier.
■ It is expensive to build in Marin. The high cost of land and construction form a
formidable barrier to affordability, particularly in the case of low-income affordable
housing. No one solution will completely overcome this barrier, but a creative approach
to address some construction fees will make Marin more attractive for development.
■ Developers cite the planning process in Marin as a clear barrier to progress. Regulatory
delay becomes burdensome when developing low-income affordable housing. We
suggest that models exist where successfiil early cooperation between developers, and
planners, and neighborhoods has made the planning process more efficient. These models
could easily be adopted across Marin's communities.
■ While housing affordability is a countywide problem, each of the 11 towns and cities
of Marin and the County have their own approach to the problem. Municipalities
should coordinate available resources to develop low-income affordable housing that
would benefit all of the citizens of Marin. This effort would be best coordinated through a
central Housing Coordinator.
A problem as complicated as housing affordability is not easily solved and it will not be solved
overnight. However, our research suggests that it should be possible to make incremental
changes that will overcome some of the barriers to affordability. These changes form the
recommendations made in this report.
Overcoming Barriers to Housing Affordability
BACKGROUND
Scarcely a week goes by without housing prices being featured in local news. According to the
California Association of Realtors, only 20% of households in Marin County could purchase a
median-priced home in the fourth quarter of 2016. The chart below indicates that Marin is one of
the least affordable counties even in the extremely expensive Bay Area.
2016-Q4: % able to purchase median-priced home
70
60 . 58 56 55 54
50 x @; 49 49 48 48 46 45 45IN
43
41 39
i31 31
30 / /t 28 27 26 26 26 25
ff
' /i 1i % 22 22 22 21
20 �j /s s rr /i E//i l iy 20
d 4 ,�r On /i �f // / / "" r 77
i� / / = i riG ��.� 1513
�a t�. Ld '�` 2�2*a
10
00 ie ko eo 05 �A vo c° �e c�� S,�o GP eo �E e� Q° �o U° p° e•�� 0° �o ° i`� °ti e° o°,.
O°o `5fe o�d ��ms tion° o@e 'C' c410 O°o° ceo Soso 00o G°o Oo e�,� �e c,�e ,o co 5,�O•o: Goo °ce d �o\G`gyp` co.
cga 0o,�e 0e�c !S 5�0 Get °o�° °O de r�t6 d P cT° ` P� � �•
F�e`c\Soc Quo 5 5 es` Go
O
From:"laousing._Affordabil ty_in_CA._by_C_omity."Colilbrnia Association of'Realtors.Accessed ou 8 Mar.2017.
In this report, housing affordability refers to the measure of whether a typical household can
afford to purchase or rent a typical home. The U.S. Department of Housing and Urban
Development(HUD) guidelines suggest that housing is affordable if it requires less than 30% of
household income. The latest HUD estimate for median household income in Marin County is
$107,720.'
This is a distinctly different concept from affordable housing. Affordable housing is subsidized
by the government and available for occupancy by households that meet income thresholds
specified by HUD, which defines "low income" as earning less than 50% of median household
income.
Why is affordability a problem? Housing is too expensive for middle-income and lower-income
households that include many of our public employees, retail employees and maintenance
workers.2 Spending too much of a household's monthly budget on housing impacts a family's
ability to buy other basic needs: food, clothing, transportation, insurance, utilities, etc. The U.S.
Census Bureau's Center for Economic Studies reports that as of 2014, over 61,000 workers
commuted into Marin each day, adding to the traffic problems that we see on our roads. The high
cost of housing also increases the number of homeless on our streets, creates difficulties for
senior citizens on fixed incomes keeping up with increasing rents, and challenges the most
1"FY 2017 Income Limits Documentation Sv-stem."Economic and Market Analysis Division,HUD. Accessed March 2017.
County Of'Marin:Workforce Housing."[video] The COMM'of Marin. 14 May 2014.
3 ,O]l ,,be Map."The United States Census Bureau.
..............................
April 6, 2017 Marin County Civil Grand Jury Page 2 of 31
Overcoming Barriers to Hortsing Affoi°dability
vulnerable segments of our population. Housing is unavailable as well for our next generation,
resulting in an increasingly older population.
There are many benefits of creating a more affordable housing infrastructure. Environmental
benefits will accrue if commutes can be shortened. Social benefits from increased diversity in
our population will enrich our lives. Economic benefits will include an increased property tax
base from new housing, as well as an increase in sales taxes if workers live here and shop here,
rather than taking their dollars elsewhere.
The Grand Jury wrote this report in an effort to document the genesis of the Marin housing
problem, understand the barriers, and offer some solutions that have worked elsewhere. We are
under no illusion that there are quick or simple fixes. A problem that has taken decades to
develop will not disappear overnight. However, we do suggest that it is time to address this
problem in new ways.
METHODOLOGY
The Grand Jury recognized that the investigation of the barriers to housing affordability would
require a broad approach. Accordingly, the Grand Jury pursued the following:
® Conducted research into the physical and economic demographics of Marin County,
including: population and economic/financial data, land use policies/constraints, housing
supply/demand/cost characteristics and transportation infrastructure.
■ Interviewed County department managers and staff associated with planning and
approval of housing projects in Marin.
■ Distributed a questionnaire to planning staff of the County and the 11 cities and towns of
Marin seeking information regarding their low-income affordable housing policies,
processes and fees.
■ Reviewed Comprehensive Annual Financial Reports (CAFRs) of the County, cities and
towns with a focus on expenditures for low-income affordable housing development.
■ Interviewed people in various capacities who are involved in developing market rate and
low-income affordable housing within and outside the County.
■ Conducted research into Federal, California, County and municipal laws and regulations
applicable to real estate development and low-income affordable housing (including
housing elements and Plan Bay Area').
A"Plan Balt'Area 2040."Plan Bay Area.
April 6, 2017 Marin County Civil Grand Jury Page 3 of 31
Overcoming Barriers to Housing Affordability
■ Researched issues and interviewed people from advocacy groups in support of
developing low-income affordable housing throughout the county.
■ Issued questionnaires to advocacy groups in opposition to the development of high-
density housing and low-income affordable housing.
■ Researched published papers and books by the advocacy groups cited above.
■ Conducted research into conflict resolution strategies,programs and best practices.
■ Researched successful approaches to reconciling the positions of housing developers and
opponents of developments.
■ Reviewed the history of recent low-income affordable housing projects with attention to
the processes, costs, development time frames and community acceptance.
■ Obtained local utility district connection fee estimates.
DISCUSSION
California's Legislative Analyst Office 2015 report Cal{ brnia's High Housing Costs: Causes
and Consequences lists significant factors why coastal areas (like Marin)have not built enough
housing, including community resistance to such new housing, environmental reviews that can
be used to stop or limit housing development, and limited vacant developable land. The goal of
this Marin County Civil Grand Jury report is to showcase proven solutions to affordability
barriers. These solutions could be implemented separately. However, since many of the barriers
are interconnected we believe that by integrating them together into civic practices, our citizens
will see long-term improvements in housing affordability.
In this report, the Grand Jury focused on these specific barriers:
■ Community Resistance
■ Too Expensive to Build
■ Planning Process
■ Low-Income Affordable Housing Faces Unique Challenges
■ Myths & Perceptions
s ,CI IifoIiva,S Vigil IIot,Smg.0 ostti Causes and_C onsequences."California Legislative Analyst's Office.
April 6, 2017 Marin County Civil Grand Jury Page 4 of 31
Overcoming Barriers to Housing Affordability
Barrier: Community Resistance
If you show up at a planning hearing to complain about a proposed project in your neighborhood,
your single voice is unlikely to matter. Therefore, you decide to form a coalition with your
neighbors. The coalition would hold meetings, write letters, make phone calls,post signs, and
demand the local officials do something. This is democracy in action.
What if a proposed project is upsetting: a high-density housing project(that will add to traffic), a
homeless shelter(that will bring in undesirable people), a flood detention basin (that might cause
local flooding), or a low-income housing development (that will decrease property values)? The
coalition might agree that the project is for the "greater good,"but is not appropriate for the
neighborhood. To protect yourselves from the "big guys,"you might hire the services of a
lawyer to find a way to stop or slow down this project("level the playing field"). In Marin
County, these reactions are common for civic projects.
Solution: Regular Developer Meetings. Before developers formally file plans for housing
developments, they should meet with the local planning staff to anticipate likely challenges.
Planning departments advise developers on regulatory issues, but often what frustrates planning
approval are "the neighbors." Planners can advise the developer on"hot button" issues they are
likely to face before they set the formal public planning process in motion.
Example: Since 2012, the City of Petaluma has conducted weekly Development Review
Committee meetings to brainstorm with developers. In attendance are a number of city
departments including fire,building, planning, public works, water resources and
conservation, code enforcement, economic development, and housing. City staff advise
developers of what potential issues could be controversial and suggest ways to adjust the
project scope to minimize issues. These might include proactive meetings with
neighborhoods or increasing the scope of formal planning notices. Developers appreciate
this streamlined approach that saves both time and money. The City staff benefit from an
improved collaborative environment.
Solution: Community Outreach. The issue of where to place a civic project has been well
studied for over 40 years and is referred to as "Facility Siting" (see Appendix A: Facility Siting).
Nimbyism ("Not In My Backyard") is the understandable reaction of a community to a poor
public planning process and lack of trust in government. By proactively reaching out to the entire
community,using"plain speak," and with no hidden agenda, facilitators can help all the parties
talk out the issues at outreach meetings with the goal that people will arrive at an agreeable
understanding.
Example: In 2007, Homeward Bound of Marin was getting ready to design The Next Key
Center (32 affordable studio apartments and room to grow their culinary program) on a
parcel of the decommissioned Hamilton base in Novato. Before they started the formal
planning process, they did a major outreach effort to their surrounding neighbors. Rather
than holding large meetings, they chose to meet one-on-one with the neighbors. They
shared their plans ("We're thinking of..."), asked the neighbors about their concerns
("What do you think?"), and tried to address these concerns in their plan. Their goal was
to ensure that everyone had a chance to be heard so that their public planning hearings
would be well supported. Their new facility opened in November 2008.
Spotswood,Dick."It"s hard to Let.anything,done in our county."Morin IJ.27 Sep.2016.
April 6, 2017 Marin County Civil Grand Jury Page 5 of 31
Overcoming Barriers to Housing Affordability
Example: In 2003, the Citizens Advisory Committee released to Mill Valley City
Council the Miller Avenue Precise Plan,7 which detailed the "year-long process to
examine the future of Miller Avenue in terms of land use and street character, traffic and
circulation, market and economics, and implementation and sustainability."S In May
2007, City Planners conducted two community workshops to get feedback on possible
improvements. Soon after, a nine-person steering committee founded the Friends of Mill
Valley as a reaction when "...the committee's outline became, in effect, a draft plan
because of a need to get the plan moving ahead.i9 City Council was "baffled by the
growing opposition."10 Friends of Mill Valley held a series of town meetings to discuss
long-term policy changes (affecting land use and residential properties) that were
proceeding without sufficient public input. After four years of planning, the project was
now at a standstill. In response to community pressure, a Design Advisory Committee
(with liaisons from City Council, Planning Commission, and five citizen experts) was
formed by the City of Mill Valley in 2009, and during the next two years resulted in
numerous workshops, focus groups, and extensive committee meetings. In 2011, the
Miller Avenue Streetscape Plan was adopted by City Council'1 and groundbreaking on
the project began on June 13, 2016.12
Solution: Specific Plans. In Marin County it is not uncommon to have a developer purchase a
parcel, create a development plan, file the plan with the planning department, and because of
community resistance, have their project slowed down, scaled back, or simply die. Such delays
and uncertainty are expensive for the developers. The result is that developers choose to build in
less "risky" counties. Municipalities are then planned piecemeal, on an individual parcel basis. If
a community adopted a Specific Plan, many of these problems would disappear. A Specific Plan
is a comprehensive planning and zoning document for a defined geographic region.13 The
upfront work of creating the plan allows citizens to work together to define a specific community
vision and have the municipality establish the detailed land use and design regulations.
Developers wishing to build on a parcel in the Specific Plan would be able to move forward
secure in the knowledge that extensive work to create building plans and construction documents
would not be wasted.
Example: In 2011, Redwood City adopted the Downtown Precise Plan,14 designed to
rejuvenate the city's downtown area. It provided a blueprint for development of the city's
downtown through 2030, and as amended includes: plans for retail uses, building
placement (including building heights and sizes), and housing development(including
low-income affordable housing). To date over 2,336 new housing units have been
approved or constructed (213 of which are affordable).15
The most frequent criticism of new projects in Marin is additional traffic congestion. With traffic
on major roads at or nearly-at capacity during commute hours, even having a few additional cars
on the road could make a bad situation intolerable. Traffic is a real problem, and in many
locations congestion serves as an insurmountable barrier to new construction. While the subject
7"Historical Information-Streetscape Plan Meetings and Documents(2003-2011)."City of Mill Valley.
8"Miller Avenue Precise Plan."Cirp of Mill Valley,3 Feb.2003
9 Speich,Don."Citizen brigade,Mill Valley council clash on vision for city."Marin IJ,28 May 2007
0 Ibid.
`<Millcr Avenue Strcctscape_Plan(a(lopted 201 1)."City ofMill Valley.
12«Miller Avcnue Streciscape I'Lin:1 listory&Background."City ofMill Valley.
13"T bc_plan ncr_'s_Guide to Specific Plans."Governor's Office of Planning and Research.
14"Down to\-vn Precise Plan."Redwood City.
15 Silverfarb,Bill."Rcffivood Cit allows fol more affoalable housing."The Daily Journal.2016 May 2016.
April 6, 2017 Marin County Civil Grand Jury Page 6 of 31
Overcoming Barriers to Hottsing Affordability
of transportation infrastructure is sufficiently complex to warrant its own Grand Jury report, we
believe that careful study of traffic, and a creative approach to local conditions can serve as a
starting point towards mitigating the effects of new construction.
Solution: Reduce School-Related Commute Hours Traffic. School-related traffic is a
significant component of commute traffic. Displacing cars with school buses will reduce traffic
congestion during school transit hours.
Example: Coordinated Countywide Student Transportation Study. To address
congestion caused by parents ferrying their children to and from schools the Marin
Transportation Authority and the Marin County Office of Education cooperated in a
study of widespread adoption of school busing in the county in 2015.16 The study
concluded that while the geographic features of Marin make large scale busing difficult
in some residential areas, the majority of county schools would benefit from extended bus
service.
While the funding of a comprehensive school bus program is significant, costs are
substantially less than those required by increasing road capacity. The recent adoption of
a subsidized school bus program in Tiburon is an excellent example of the benefits. An
article in the Marin Independent Journal'?noted a 40%reduction in commute-hour traffic
after the implementation of a voluntary bus program by the Reed Union School District.
Solution: Concentrate on Local Traffic Congestion Issues.Not all congestion issues are a
result of California Highway 101 commute traffic. Investigating local road congestion could also
have significant benefits. Changing local traffic flow is less expensive than costly new road
construction.
Example: Mill Valley Traffic and Congestion Reduction Advisory Task Force. In
2015, the City of Mill Valley studied traffic capacity'8 with a goal of restoring transit
times in the city's two main arteries—Blithedale Avenue and the Almonte
Boulevard/Shoreline Highway—to that of 2012-2013.
The study noted a number of projects that contributed to reductions in traffic, including a
pilot school bus program (as noted above), staggering of school hours, and retiming of
traffic lights at critical intersections. Mill Valley, County and state agencies met, shared
traffic data, and quickly resolved jurisdictional issues.
16"Coordinated CountvVA ide Student Transportation Study."Marin Transit.Nov.2015.
17 Krawitt,Carl."Marin voice:Tiburon Peninsula school buses are worth the investment."Marin 1J. 18 Jul.2016.
18"Traffic taffic Task Force Subcommittee�Nlcctin,__-City Concludes Traffic Task Force,Sends Detailed Report to Council."Citi of
Mill Valley.
April 6, 2017 Marin County Civil Grand Jury Page 7 of 31
Overcoming Barriers to Housing Affordability
Barrier: Too Expensive to Build
Long heralded for its strong environmental stewardship, Marin County has designated 80% of its
land for either open space or agricultural use.19 Because residents did not want to compromise
Marin's natural beauty and small-town character, municipalities have enacted low-density
zoning laws. The limited amount of suitable vacant land for housing has caused parcel prices to
dramatically increase. Zoning regulations hamper developers, who would normally build more
units on such expensive land to maximize their return on investment. While these constraints are
particularly severe in the case of developers wishing to build housing that is affordable to low-
and moderate-income families, they are significant for any housing construction.
Solution: Stimulate Public-Private Partnerships. In 1945, the California Legislature gave
local governments the power to form a redevelopment agency (RDA) to revitalize a deteriorated
area. While most of this initial funding came from the Federal government, it allowed local
governments to issue bonds and attract private investment. In 1952,Proposition 18 established a
new financing structure, which allowed local governments to redistribute property tax revenue
for the project area. However, it was not until legislation was passed in the late 1970s (Senate
Bill 90 and Proposition 13) that RDAs became widespread because of loosened definitions of
"deteriorated" and increased funding choices; this in turn caused public-sponsored construction
to grow dramatically (which required that 15 percent of all new housing in an RDA be affordable
to low- and moderate-income residents). RDAs grew so much in number(and size) that by 2008,
they received 12 percent of state property tax revenue, and were putting other government
programs in jeopardy.20 By 2012, the RDAs were dissolved, and the successor-agencies (usually
local governments) were assigned the responsibility of paying off the RDAs' debt. During their
existence, RDAs built over 100,000 units of housing.21
The Low-Income Housing Tax Credit(LIHTC) currently gives local governments the ability to
issue tax credits to private investors for"the acquisition, rehabilitation, or new construction of
rental housing targeted to lower-income households."22 Since 1995, over 107,000 units of low-
income housing were created.
Example: In 2011, the Dublin (California) Housing Authority, Housing Authority of the
County of Alameda (HACA), affordable housing developer Eden Housing, and for-profit
homebuilder KB Home were able to revitalize 150 units of old public housing and
convert them into a vibrant,mixed-use, mixed-income community (130 affordable family
rentals, 50 affordable seniors' rentals, 184 market-rate homes, and 14 below-market-rate
homes). The Urban Land Institute awarded this project the 2014 winner of the "Jack
Kemp Excellence in Affordable &Workforce Housing Awards."23
Example: In 2013, ROEM Development Corporation, the City of Mountain View,
Google, and Citi Community Capital built Franklin Street Family Apartments with 51
units for households earning up to 50% of the area's median income.24
19"Mann ni At a Glance 2015 Annual Rcport."County of iYlarin.
20 ,RecieveIopment ALcncies in CaIifomia:History Benefits,Excesses,and Closure."U.S.Department o171ousing and Urban
DevelopmendOffice of Policy,Development and Research.
21 "Spotlight on Redevelc013mcnt."Seifel Consulting,Inc.
22"f owIncome llousuia Tax Ci 1t5."Office of Policy Development and Research(PD&R) U.S.Department q/of housing and
Urban Development. 15 May 2016.
23 Johnson,Alison."3014 Jack Kemp A\\aid\vuwci5 and Finalists."Urban Land Institute.23 Oct.2014.
24"Ptablic-PriN atc Paitneitihil3 Funds Affordable housing near Transit."Office ofPolic>>Development and Research(PD&R)
Edge Magazine.
April 6, 2017 Marin County Civil Grand Jury Page 8 of 31
Overcoming Barriers to Housing Affordability
Solution: Junior Accessory Dwelling Units. Effective January 2017, Assembly Bill 229925 and
Senate Bill 106926 amended state law to make it easier for homeowners to create legal accessory
dwelling unit(ADU)rentals on their property: reducing minimum lot sizes, reducing utility
connection fees, and reducing parking requirements. Furthermore, Assembly Bill 240627
established a new type of second unit called a "junior accessory dwelling unit"—created by
adding an "efficiency kitchen" (no gas or 220 volt appliance) to an existing underutilized
bedroom (maximum 500 square feet).
Example: In 2014,Novato City Council adopted Ordinance 1595 amending its zoning
code to allow for junior accessory dwelling units (JADUs) and reduced their development
fee. Based on Novato's request, local sanitary and water districts eliminated their
connection fees for JADUs, and the Novato Fire Marshall waived sprinkler and Ere
separation requirements. The result saves homeowners wishing to create a JADU over
$40,000 in fees.28 In 2016,Novato received applications for and approved two junior
accessory dwelling units. In 2017, the Marin Community Foundation awarded Lilypad a
$200,000 grant to help homeowners turn spare bedrooms or other spaces into accessory
dwelling units.29
Solution: School Districts' Teacher Housing. California Senator Mark Leno authored the
Teacher Housing Act of 2016 (Senate Bill 1413) that was signed into law by Governor Brown on
September 27, 2016. This bill provides that"a school district may establish and implement
programs that address the housing needs of teachers and school district employees who face
challenges in securing affordable housing. To the extent feasible, the school district may
establish and implement programs that, among other things, do the following: (a) Leverage
federal, state, and local public, private, and nonprofit programs and fiscal resources available to
housing developers, (b) Promote public and private partnerships, (c) Foster innovative financing
opportunities." 0 Before this bill was passed, taxpayer funds could not be used for restricted
(school staff only) housing.
The nonprofit and nonpartisan Learning Policy Institute's report Solving the Teacher Shortage 31
agreed that "lack of affordable housing is one reason teachers leave the profession or leave
districts with high costs of living." Because of teacher turnover, school districts have to
continually invest in recruitment, since new teachers cannot afford to live in Marin County.
Providing subsidized housing for teachers will give school district administration another tool to
attract top-quality staff.
Example: In 2002, the Santa Clara Unified School District built Casa Del Maestro
("House of the Teacher") on land it owned (and is now operated and managed by the
nonprofit Santa Clara Teacher Housing Foundation) using no taxpayer fimds. With a
typical monthly rent of$1,500 for a two bedroom unit in the complex (compared to an
average market rent of$3,13432), the school district has seen teacher turnover drop to
below average.33
25"A B-2299 Lan d use housing: 2nd units (2015-2016)."California Legislative Information.
zc,.,.
513-1069 Land use:zoning,_(2015_2016)."California Legislativelnformation.
2'"A13-2406 I lousiiw junior accessory dwelling units.(2015-2016),"California Legislative lnfornaation.
28 ,,Itin-i o-r Accessory D%A elline C nits."League of California Cities.
29 Mara,Janis."I ilyp ad gets,gl int to help\9 grin homeov<neis.create in-law url.its."A7arin Y.7 Feb.2017.
i0�. .._-
-_......._.. .)
Teacher 1lousnag Act oi_2010(>3570-53574 California Legislative Iglbrmation.
3
1 "Sole ing the I eachci Shona ge-."Learning Policy Institute.
"Rent trend data in Santa Clara,California."Rent Jungle,Accessed Jan 11,2017
a'"1 low one Bay Area school district is makua,_,_uue teachers aren't priced out."KALW Public Radio.
April 6, 2017 Marin County Civil Grand Jury Page 9 of 31
Overcoming Barriers to Housing Affordability
Example: Beginning in 2005, the San Mateo Community College District created two
housing developments for faculty and staff. "The District is able to build first class,
market rate housing and offer below-market rents because 1) it owns the land (land costs
do not need to be included in the cost of ownership or operations); 2) it financed the
project with a tax-exempt issue; 3)the property is property-tax exempt; and 4) the
District does not have a profit motive. Rents from the project are set at a level that is
sufficient to pay back all costs of construction, financing, maintenance and operations
and fund a long-term capital reserve."34
Solution: Identify Underutilized Parcels. "Marin County has an abundance of many things:
hiking trails, water views and great farm-to-table food. But try buying a vacant lot here and
you'll discover what we lack most. Simply put: We have no lots.i35 California State Law
"mandates that local governments adequately plan to meet the existing and projected housing
needs of all economic segments of the community."36 This plan is referred to as a Housing
Element. Contained in the housing element is a land inventory that includes both vacant and
underutilized parcels that may be considered development opportunities. Before a housing
element is finalized, the public is invited to comment.37 In Marin, because of fears of showcasing
growth opportunities, citizens often request that many vacant and underutilized parcels be
removed from the Housing Element's land inventory.
Rather than depend upon a highly politicized process, it would be more transparent for the
County to prepare a publicly available and easily obtainable map of all incorporated and
unincorporated vacant and underutilized parcels in Marin.
Example: As part of the development of the 2012-2035 Portland Plan, the City of
Portland, Oregon's Bureau of Planning & Sustainability released the Development
Capacity Analysis geographic information systems (GIS) model.38 The model was used to
create the Buildable Lands Inventory (BLI),30 which was used to provide data to address
their"big" questions.40 As a result, "permitting continues to exceed production levels,
offering an indicator that the city may continue to see growth in the number of new
housing units added to the city stock in 2016 and 2017."41
34"Staff housing Devclo mcnt San Mateo Community College District.
31-lilgers,Lama."Not a Lot of Lots."Marin Magazine.April 2014.
36"dousing f lcmmits mid Regional Housing Need Allocation."California Deportment of Housing and Conanaunity Development.
37 marin County-List of sites to be evaluated in the SEIR for the 2007-2014 and 2014-2022 Housing Element planning
prtods."County o/Marin.
39 11_D_c._v_c_..1.o1lmen.t Capcity Analysis GIS model."City ofPot7land.
39"Buildable Lands Inventory(BLI)."City of Portland.
--
40"I be Portland Plan."City ql Portland, Oregon.
41 "State of 1 lousing Report in Portland."Portland Housing Bureau.December 2016.
April 6, 2017 Marin County Civil Grand Jury Page 10 of 31
OvercotningBarriers to Housing Affordability
Barrier: Planning Process
The planning process in.Marin cities and towns is unpredictable and time-consuming. A
developer faces different regulations in every municipality. In addition, developers in every city,
town, and the unincorporated County face the costs of compliance with the California
Environmental Quality Act(CEQA) that may require extensive environmental reviews as well as
time consuming public comment. As stated in a report issued by the McKinsey Global Institute
entitled A Tool Kit to Close California's Housing Gap,42 "the statute has come under scrutiny for
enabling any opponent to a project ... to delay or block the project by threatening a lawsuit under
CEQA. Generally speaking, if a project opponent files a CEQA lawsuit, the project cannot
commence until the litigation is resolved in favor of the government and the project sponsor.
This can delay projects by months or years, and adds substantial risk to the entitlement process."
Approvals for new housing can take anywhere from six months to over three years depending
upon the complexity of the project and public opposition. Long delays in the approval process
can lead to lost opportunities and high costs for land holding, architectural planning, and legal
expenses. McKinsey's report estimates that such costs can account for 30% of the total cost of a
housing unit.
Solution: Regular Developer Meetings. As mentioned previously in `Barrier: Community
Resistance," arranging regularly scheduled meetings with developers, city or county planning
officials, advocacy groups and the general public would better allow all interested parties to offer
their input during each stage of the process.
Solution: Improved Noticing.Planning departments comply with legal noticing requirements
for development projects. However, these notices are often filled with confusing legal terms that
the average resident might not understand and instead choose to ignore. Later, when the project
has moved to an advanced stage, a resident might hear rumors about the project and become
angry that they were not adequately informed. Using plain speak and increasing noticing to a
wider radius (than the minimum requirements) would lead to a more informed community much
earlier in the process and fewer delays by opposition later.
Example: A few examples of municipal planning notices are showcased in Appendix B:
Municipal Planning Notices. The Tiburon and Marin County notices are printed with
small single-spaced type and filled with legal jargon. From Tiburon's: "The Planning
Division is recommending a Mitigated Negative Declaration be adopted for the project
pursuant to section 21080 of.."If a resident makes it through the first three paragraphs of
the letter without his eyes glazing over, he might discover that written comments on the
Draft Mitigated Negative Declaration/Initial Study will be accepted until 5:30pm. This
type of language makes little sense to ordinary residents outside of planning commission
circles. A better example might be the card circulated by Mill Valley that has the meeting
date, location, and project contact in bold typeface at the top of the card, followed by a
brief description of the project. It concludes with instructions for interested parties on
submitting comments, relevant meeting dates and sources for further information. All
relevant details are presented in very clear, precise and simple language.
Solution: Community Outreach. As previously discussed, developers should reach out to
neighbors and other interested parties from the very beginning of the planning process, address
concerns and incorporate suggestions whenever possible. By involving the public from the
4'"A Tool Kit To Close Ca Iifornias IIousIDw�_G a o 35.Million homes 13v 2025."McKinsev Global Institute.
......... ... .......
April 6. 2017 Marin County Civil Grand Jury Page 11 of 31
Overcoming Barriers to Housing Affordability
outset, many objections can be resolved in open dialogue. Meetings should be held as often as
necessary until everyone's opinions have been heard. It is difficult to find examples of good
community outreach for Marin projects. The same public concerns, however, exist in other Bay
Area locations. In Napa, objections are often seen to the construction of new wineries. An
example of how to reach out to the community in a positive way is seen in the following:
Example: Constructing a new winery in Napa County evokes strong neighborhood
reactions. "Questions from neighboring residents, growers and vintners about impacts on
groundwater, traffic and rural character in the form of opposing public-hearing comments
and letters as well as appeals of approvals have led the county Board of Supervisors over
the past several months to call for better analysis of current conditions and community
input."43 In 2016, Beau Vigne Winery did an extensive outreach before its hearing,
resulting in "a show of support that the Planning Commission seldom sees in often-
contentious winery times."44
43 Quackenbush,Jeff."Counties grape with winery outreach directly to consumers."North BaJ,Business Journal. 12 May 2015.
44 Eberling,Barry."New Napa_wuicry_.win pl tnnci praise tor_ne�hborhood outreach."Napa Vallee Register.8 Sep.2016.
April 6, 2017 Marin County Civil Grand Jury Page 12 of 31
Overcoming Barriers to Housing Affordability
Barrier: Low-Income Affordable Housing Faces Unique Challenges
The current approach to planning low-cost affordable housing in Marin County is fragmented
and lacks coordination. Each municipality has its own community development agency (CDA)
that is focused on specific goals and priorities identified within its own boundaries. In addition,
Marin County has a CDA that serves only the unincorporated areas of Marin. No single agency
is tasked with the coordination and facilitation of solutions to housing-related issues that affect
the entire region. For example, affordable housing that addresses the needs of the most
vulnerable portion of Marin's population is administered by a combination of the Marin Housing
Authority, Marin County Health and Human Services and a wide range of non-profit operators in
locations scattered among the County, cities and towns. Section 8 housing vouchers provide
federal funding to supplement housing costs for low-income families. The long waiting list for
these vouchers is a clear indicator of unmet demand for additional subsidized affordable housing.
Individually, each of the municipalities and the County has its own plan to address low-income
affordable housing, but these plans have been ineffective at solving the problem.
Economic barriers add to the difficulty of constructing new housing and protecting existing low-
income housing stock. The cost ofbuildable property is a major consideration, but in addition,
developers face high costs for permits, energy and water hookups, and legal expenses. Complex
requirements for environmental review and transportation infrastructure limitations are also
complicating factors. Developers are economically motivated to look to areas with fewer
restrictions and less uncertainty than in Marin County.
Solution: In-Lieu Housing Fee Pooling. Many communities require that developers of multi-
unit housing set aside a percentage of units as affordable housing. Of the 12 jurisdictions in
Marin (11 incorporated municipalities plus the unincorporated county) 7 allow the payment of
housing fees in-lieu of building affordable housing units. These fiinds are then deposited in an
account to be spent to increase the supply of housing (generally to be affordable to low and
moderate-income residents). Outside of the City of Novato very little of this money has been
expended for affordable housing, and for most of the jurisdictions, the account balances are too
low to be useful (for a fund overview, see Appendix C: Affordable Housing In-Lieu Fees).
Pooling these funds, with central administration at the County level, would best leverage the
power of this money to stimulate the construction of affordable housing.
Solution: In-Lieu Housing Fee Recalculation. "The Board of Supervisors concur that the in-
lieu fees fail to generate sufficient revenue to support the amount of affordable housing needed
in Marin County."45 The City of San Rafael reported, "our experience shows that accepting fees
in lieu of providing units in developments under construction does not result in an increase in the
number of affordable units."46 If the goal of in-lieu housing fees is to stabilize and increase the
amount of low-income affordable housing in the County, then there are insufficient in-lieu fund
account balances to achieve this. Therefore, either local governments need to either not allow the
payment of in-lieu housing fees (so low-income affordable housing is created) or in-lieu fees
need to reflect the true cost of developing such housing.
Example: In 2016, the City of Pasadena commissioned the Affordable Housing In Lieu
Fee Analysis stud Y47 in support of an inclusionary housing ordinance.48 By analyzing the
as Marin County Board of Supervisors response to 2002)2_03"Financing,Affordable Housing-Grand Jury report. 16 Sep.2003.
46 City of San Rafael response_to 2002-03 hinancin r AffoidabIc I Iousi.ng Grand Jure report.30 Jun.2003,
A7. ,
- -- — ... ......... —
I asadcna Affordable Hottsm�ln Lieu Fee Analysis."David Paul Rosen&Associates.
48 ]nc lusionary..l.l.ousing._Ord nance."City gfPasadena.
. ..........
April 6, 2017 Marin County Civil Grand Jury Page 13 of 31
Overcoming Barriers to Housing Affordability
rental housing affordability gap and predicting likely numbers of new construction, they
were able to calculate a truer value for an in-lieu housing fee.
Solution: Fast-track Low-income Affordable Housing Applications. Low-income affordable
housing developers face many obstacles that add costs to their projects. Giving priority to the
processing of their applications through the various planning departments would be an easy way
to shorten the timeline to construction and thus reduce cost. Several of Marin's communities
have procedures in place for fast-tracking. The County of Marin proposes to implement fast-
tracking for unincorporated areas in 2017. Tiburon gives "highest processing priority" to
affordable housing projects, and San Rafael reports that it has some policies in place "that
encourage streamlined approaches of projects that qualify as affordable housing." San Anselmo
offers expedited processing for secondary units but not multifamily constriction. Other Marin
towns and cities do not have such provisions in place. Each of the towns and cities of Marin
should implement fast-tracking of affordable housing projects, bringing these projects to the top
of the planning review queue.
Example: Below-market-rate projects are fast-tracked through the City of Petaluma's
approval process. All processing time limits required by state law are adhered to.49
Solution: Community Outreach. Often community fears of the local impact of low-income
affordable housing turn into vocal demonstrations. Contributing to these fears are perceptions of
the impact of affordable housing on neighborhoods, for example the belief that affordable
housing developments will drive down property values and attract undesirable residents. As
noted in our section on planning process above, an aggressive program of involvement of nearby
stakeholders should alleviate unsupported fears, and will allow developers and homeowners to
work together to ensure that development works to benefit the community.
Example: Oma Village. Homeward Bound of Marin has recently opened Oma Village, a
development of 14 units in Novato intended for residence by families that are leaving
homelessness. Before entering into the planning review process, Homeward Bound
contacted nearby residents individually to explain what they hoped to do. By carefully
explaining the criteria for approval of applicants, and by making some changes to their
architectural drawings to meet neighborhood concerns, they were able to smoothly move
through planning review and begin construction of the Village.
Solution: Reduce Costs Of Utility Connections. Sewer, water, electricity, and gas connections
add significantly to the cost of any new development (see Appendix D: Utility Connection Fee
Estimates). Developers of market-rate housing are able to recoup these fees upon successful
completion of a profitable project. These fees burden developers that follow a mission to provide
low-cost affordable housing. Waiving or reducing connection fees would provide a major
incentive to the developers of low-cost affordable housing.
Example: The City of Santa Cruz's (California) municipal code allows for waivers of
many development fees if they will assist in providing residential units that are affordable
to low and very-low income households.50 The fees eligible for waivers include: sewer
and water connection fees, planning application and plan-check fees, building permit and
plan-check fees, park land and open space dedication in-lieu fees, and fire fees.
49 , lousing Element 2015-2023."City olPetalun u.
s0"Chapter 24.16 4.16 Affordable l lousing Provisions."Santa Cruz Mrenicipal Code.
April 6,2017 Marin County Civil Grand Jury Page 14 of 31
Overcoming Barriers to Housing Affordability
Barrier: Myths & Perceptions
"The great enemy of truth is very often not the lie—deliberate, contrived and dishonest—
but the myth—persistent,persuasive and unrealistic. Too often we holdfast to the cliches
of our,forebears. We subject all,facts to a prefabricated set of interpretations. We enjoy
the comfort of opinion without the discomfort of thought. "
—John F. Kennedy
Perhaps the most challenging barrier to tackle is that of altering long held misperceptions of a
community. These beliefs are deeply entrenched and in many cases are based on myths. We
collected a sampling of oft-repeated refrains from community meetings and the media and
analyzed them for accuracy. We researched these issues to see if they had any merit(see
Appendix E: Marin Housing Perceptions).
Solution: Education. Myths that continue to circulate in the community eventually become
embedded in the belief system when they are continually repeated as if they were facts.
Psychologists understand that to overcome misinformation, three psychological effects need to
be considered: familiarity effect(emphasize the facts, not the myth), overkill backfire effect
(simplify the message), and the worldview backfire effect(don't argue,reframe the message)
.51
Leadership must take a stance in public support of facts,using properly considered psychology,
rather than reacting solely to community-wide fears.
Example: As a counterpoint to active NIMBY groups, YIMBY (yes in my backyard)
activism and education has been spreading worldwide. YIMBYs are "generally younger
than their opponents, mainly renters, many of them employed in the tech industry, they
were driven to activism after they found themselves unable even to rent in San Francisco
or Berkeley or Oakland, let alone buy."sz
Solution: Deliberative Polling was created in 1988 by Professor James Fishkin of Stanford
University. "Citizens are often uninformed about key public issues. Conventional polls represent
the public's surface impressions of sound bites and headlines. The public, subject to what social
scientists have called"rational ignorance," has little reason to confront tradeoffs or invest time
and effort in acquiring information or coming to a considered judgment."53 The Deliberative
Polling°process involves bringing together a sample of an affected population, sharing balanced
briefing materials, and then having a dialogue with competing experts and political leaders.
Housing affordability has been a "hot topic" in Marin County for years. Former Supervisor
Susan Adams "faced an unsuccessful recall effort in part due to her support for developing
affordable housing at Marinwood"54 and was voted out of office in 2014. From October 2015 to
February 2016, the Board of Supervisors convened a series of Preserving Housing Affordability
public workshops.55 The Marin IJ wrote: "All but conceding that the drive to provide adequate
affordable housing in Marin has been a failure, county officials are shifting gears,hoping that an
aggressive strategy aimed at saving the housing that does exist while considering initiatives to
slow soaring rents will bear fruit."56 As former Supervisor Steve Kinsey stated, "We're
becoming a rich, white, old community, and yet California is becoming a much more
51 Cook,John and Lewandowsky,Stephan."Tlie Debunking Handbook."Sheptical Science.23 Jan.2012.
52 Lucas,Scott."The YIMBYs Next Door."San Francisco Magazine. 30 Nov.2016.
53"What is Deliberative Polling'°"Center for Deliberative Democracv,Stanford University.
54 Halstead,Richard. Bill to ease pressure Oil_Marin_to._build inorc-housing moves_forward."Marin IJ.20 May 2014.
55"Affordable Housing."Marin County ConinnIniti,Development Agency.
56 Johnson,Nels."Marin C OWIN officials Rent control anron_2 str rteLnes.to preserve affordable housing."Marin I.J. 11 Oct.2015.
April 6, 2017 Marin County Civil Grand Jury Page 15 of 31
Overcoming Barriers to Housing Affordability
demographically diverse community, so there is a conflict there that has to be addressed."57
While protecting the affordable housing status quo is a good goal, it is not enough.
Example: In March 2008, 238 scientifically randomly selected San Mateo County
residents gathered for a weekend at Threshold 2008's Countywide Assembly on Housing
Choices. Commonly held housing beliefs changed as a result of this process:58
Housing Poll Question Agree AgreeBefore After
There is a need for more housing in the County 38% 68%
Any new housing should be located in already developed areas 61% 72%
New housing developments would be good for the environment 33% 44%
The County's vital services like education, fire,police and health would 46% 68%
suffer if there continues to be a shortage of affordable housing
57 Halstead,Richard. Mario Super-,iso Kmsey reflects on 20 year career_."Marin U 1 .tan.2017.
ss Greenway,Greg and Fishkin,James. Results of the San Mateo Countywide assembly on I lousing Choices."Center fw
Deliberative Democracy,Stamford University.March 2008.
April 6, 2017 Marin County Civil Grand Jury Page 16 of 31
Overcoming Barriers to Housing Affordability
Introducing: The Regional Housing Coordinator
The Grand Jury believes that a number of the previous solutions (community outreach, in-lieu
housing fee pooling, in-lieu fees to stimulation public-private partnerships, education, and case
studies) could best be served through the creation of a County Regional Housing Coordinator.
The coordinator would:
■ Commission a study to quantify the demand for new housing units.
■ Work with funding sources and developers
■ Work with cities, towns and the County to develop Specific Plans
■ Identify underutilized parcels
■ Explore opportunities for public-private partnerships
■ Create a Comity-wide Civic mediation program for all civic project community dialogues
■ Conduct Deliberative Polling®to build the public voice on housing choices
■ Coordinate and analyze in-lieu housing fee usage
While each municipality would maintain local planning control, the Regional Housing
Coordinator would ensure that County-wide issues such as subsidized housing, civic
development, and funding would be a shared resource. Regional housing coordinators are found
in other states, including:
■ Nevada (Southern Nevada Regional Housing Authority)
■ North Carolina (The Arc of North Carolina)
■ Pennsylvania (Self-Determination Housing Project of Pennsylvania, Inc.)
Ironically, the June 2003 Marin County Grand Jury report(FinancingAffordable Housing:Local
In-Lieu Fees And Set-Aside Funds) recommendations included:
■ The Board of Supervisors and the cities and towns should establish an appropriate
mechanism for the coordination of all affordable housing activities in the County.
■ The Board of Supervisors should support and cooperate with the various nonprofit
housing agencies and developers within the County by including them in the
implementation of the countywide housing programs.
In their September 16, 2003 response to the June 2003 Report, the Marin County Board of
Supervisors wrote:
"Marin County, the Marin Community Foundation and the Major Employers of Marin
are working collaboratively to develop a countywide housing trust find. Each entity will
be contributing cash and in-kind services to match funds established by the state for
housing trusts. The goal is to generate six million dollars over the next five years to be
used for affordable housing. All the cities and towns will be invited to participate in the
Marin Workforce Housing Trust Fund. Their contribution will be matched dollar for
dollar, which is a substantial incentive.
The Community Development Agency will begin to engage the Countywide Planning
Agency that represents all the cities, towns and the County, to develop an effective
strategic approach to address the housing needs of Marin County."
April 6, 2017 Marin County Civil Grand Jury Page 17 of 31
Overcoming Barriers to Housing Affordability
The Marin Workforce Housing Trust(MWHT) was established in 2003 as a "public-private
collaboration between various local businesses, the Marin Community Foundation and the
County of Marin to support and encourage the development of affordable workforce housing
throughout.Marin County. ,59 Over the years, the MWHT issued a pre-development loan of
$283,210 to Eden Housing (for the construction of Warner Creek Senior Housing in Novato) and
$231,593 to EAH Housing (for the construction of Shelter Hill in Mill Valley). Because of
difficulties finding other loan recipients, in 2010 the business community pulled out. By 2014,
the Marin Community Foundation also stopped participating. In 2016, the Marin Workforce
Housing Trust decided to cease operations ("The purpose of the Trust was to use funds raised for
loans to support workforce housing. While this is a worthy and important endeavor, there is not
enough affordable housing development in Marin County for a standalone organization to be
feasible"60), and transfer its funds into Marin County's Affordable Housing Trust Fund.
While the Grand Jury applauds the establishment of the Marin Workforce Housing Trust, it is
clear that simply offering affordable housing funds to low-income affordable housing developers
will not improve the situation. During our investigation, we heard repeatedly from both
nonprofits and funding sources that the challenge to building low-income and middle-income
affordable housing isn't identifying funding sources, it is overcoming local political and
community resistance.
That is why we suggest that the role of the regional housing coordinator must be financial (work
with funding sources and coordinate in-lieu housing fee usage), research (identify underutilized
parcels), and political (civic mediation and public polling). Unlike the June 2003 Report
recommendations, the housing coordinator would not only focus on low-income affordable
housing, but housing that is affordable for people who currently live and work in Marin.
59"Transfer of Marin Worklbrce I lousin,Trust Assets to the County's Affordable I lousing County gfMarin. 15 Nov.
2016.
60]bid.
April 6, 2017 Marin County Civil Grand Jury Page 18 of 31
Overcoming Barriers to Housing Affordability
CONCLUSION
The Marin County Civil Grand Jury believes, based on success in the Bay Area and nationwide,
that many of the barriers that challenge housing affordability can be overcome using solutions
detailed in our Discussion:
■ Community Outreach
■ Concentrate on Local Traffic Congestion Issues
■ Deliberative Polling a
■ Education
■ Fast-track Low-income Affordable Housing Applications
■ Identify Underutilized Parcels
■ Improved Noticing
■ In-Lieu Housing Fee Recalculation
■ In-Lieu Housing Fees Pooling
■ Junior Accessory Dwelling Units
■ Reduce Commute Hours Traffic
■ Reduce Costs Of Utility Connections
■ Regular Developer Meetings
■ School Districts' Teacher Housing
■ Specific Plans
■ Stimulate Public-Private Partnerships
The Grand Jury is under no illusion that implementing these solutions will magically transform
our housing affordability situation overnight. Some of these solutions may not work well in
Marin. Some of these solutions require a combination of new policies and new skills.
Nevertheless, we suggest that it is time to establish agreed-upon baseline metrics for housing
affordability, perform tests of these solutions, re-measure these efforts against the baseline, and
fine-tune the solutions to optimize results.
Implementing these solutions require public agencies and officials to change "business as usual."
Approaching tough issues (such as housing) with the question "What do we want our County to
become?" (rather than "What don't we want?"), we believe our leaders will be able to guide our
citizens more comprehensively and efficiently.
April 6, 2017 Marin County Civil Grand Jury Page 19 of 31
Overcoming Barriers to Housing Affordability
FINDINGS
F1. Political will for the construction of new housing is constrained by County-wide vocal
citizen opposition.
F2. The costs of land and development make it too expensive to build low-income affordable
housing in Marin.
F3. Developers routinely respond that they do not try to build housing in Marin because of
the difficulties imposed by the local regulatory requirements and citizen complaints.
F4. Responsibility for housing in Marin is fragmented with little overall coordination among
different agencies in the County as well as the Cities and Towns.
F5. Active planning for the creation of low-income affordable housing does not occur within
our cities, towns, and the County.
F6. Over 60,000 people commute each day to jobs in Marin, many living outside the County.
F7. Proposals to build low-income affordable housing create immediate neighbor opposition.
Efforts to mediate with neighborhood groups are often too late in the process and have
been ineffective.
RECOMMENDATIONS
R1. Each planning department should begin regularly scheduled meetings at which
developers can speak, early in the process, with all relevant members of staff to discuss
impacts of proposed development and potential solutions to problems.
R2. Each planning department should develop a proactive community outreach strategy for
any project that might be considered potentially controversial (including going beyond
legal noticing minimums and initiating outreach efforts as early as possible in the
development cycle).
R3. Each planning department should use succinct"plain-speak" to convey issues in their
outreach.
R4. Each school district should investigate building teacher and staff workforce housing on
their land.
R5. Each utility district should adopt waivers for hook-up fees for low-income housing
projects and accessory dwelling units.
R6. Each jurisdiction should adopt procedures so that low-income housing projects are fast-
tracked through the planning and permitting process.
R7. The County should create and fund the position of Regional Housing Coordinator. The
Coordinator's responsibilities should include: working with funding sources and
developers, identifying underutilized properties, working with jurisdictions to create
specific plans, and creating a County-wide Civic mediation program for all civic project
community dialogues.
April 6, 2017 Marin County Civil Grand Jury Page 20 of 31
Overcoming Barriers to Housing Affordability
REQUEST FOR RESPONSES
Pursuant to Penal Code section 933.05, the grand jury requests responses as follows:
From the following governing bodies:
■ Almonte Sanitary District(R5)
■ Alto Sanitary District (R5)
■ Bolinas Community Public Utility District(R5)
■ Bolinas-Stinson Union School District (R4)
■ City of Belvedere (RI, R2, R3, R6)
■ City of Larkspur(R1, R2, R3, R6)
■ City of Mill Valley (R1, R2, R3, R5, R6)
■ City of Novato (RI, R2, R3, R6)
■ City of San Rafael (R1, R2, R3, R6)
■ City of Sausalito (R1, R2, R3, R6)
■ Corte Madera Sanitary District No 2 (R5)
■ County of Marin (R1, R2, R3, R6, R7)
■ Dixie School District (R4)
■ Homestead Valley Sanitary District(R5)
■ Inverness Public Utility District (R5)
■ Kentfield School District(R4)
■ Laguna Joint School District(R4)
■ Lagunitas School District (R4)
■ Larkspur-Corte Madera School District(R4)
■ Las Gallinas Valley Sanitary District(R5)
m Lincoln School District (R4)
■ Marin Community College District(R4)
■ Marin County Office of Education (R4)
■ Marin Municipal Water District(R5)
■ Mill Valley School District(R4)
■ Nicasio School District(R4)
■ North Marin Water District(R5)
■ Novato Sanitary District(R5)
■ Novato Unified School District(R4)
■ Reed Union School District(R4)
■ Richardson Bay Sanitary District(R5)
■ Ross School District(R4)
■ Ross Valley School District(R4)
■ San Quentin Village Sewer Maintenance District (R5)
■ San Rafael City Schools (R4)
■ San Rafael Sanitation District(R5)
■ Sausalito - Marin City Sanitary District (R5)
■ Sausalito Marin City School District(R4)
■ Shoreline Unified School District (R4)
■ Sewerage Agency of Southern Marin (R5)
■ Stinson Beach County Water District(R5)
■ Tamalpais Community Service District (R5)
■ Tamalpais Union High School District (R4)
■ Tiburon Sanitary District#5 (R5)
April 6, 2017 Marin County Civil Grand Jury Page 21 of 31
Overcoming Barriers to Housing Affordability
■ Tomales Village Community Services District (R5)
■ Town of Corte Madera (R1, R2, R3, R6)
■ Town of Fairfax (R1, R2, R3, R6)
■ Town of Ross (R1, R2, R3, R6)
■ Town of San Anselmo (R1, R2, R3, R6)
■ Town of Tiburon (R1, R2, R3)
■ Union Joint School District (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 Brown Act.
Note:At the time this report was prepared information was available at the websites listed.
Reports issued by the Civil Grand Jury do not identify individuals interviewed.Penal Code Section 929 requires that reports
of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information
to the Civil Grand Jury.The California State Legislature has stated that it intends the provisions of Penal Code Section 929
prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury investigations by protecting
the privacy and confidentiality of those who participate in any Civil Grand Jury investigation.
This report was issued by the Grand Jury with the exception of a juror who was a former elected official in a named
municipality.This grand juror was excluded from all parts of the investigation,including interviews,deliberations,and the
writing and approval of this report.
April 6, 2017 Marin County Civil Grand Jury Page 22 of 31
Overcomin-Barriers to Hozrsil7g Affordability
GLOSSARY
ADU: Accessory Dwelling Unit-A new dwelling unit added entirely within an existing
building or an existing authorized auxiliary structure in areas where residential use is allowed.
Affordable Housing: Housing subsidized by the government and available for occupancy by
households that meet income thresholds specified by HUD.
CDA: Community Development Agency-coordinates planning, building, and environmental
health departments within unincorporated areas in Marin County.
CEQA: California Environmental Quality Act-A statute that requires state and local agencies
to identify the significant environmental impacts of their actions and to avoid or mitigate those
impacts, if feasible. Enacted 1970.
Fast-tracking: Prioritizing and expediting the review process by a Planning Commission.
Housing Affordability: The measure of whether a typical household can afford to purchase or
rent a typical home.
Housing Element: A law enacted in 1969 requiring local governments to create comprehensive
long-term plans to address projected future housing needs in a community.
HUD: U.S. Department of Housing and Development
In Lieu Housing Fees: A fee paid by developers to local government in lieu of incorporating
mandated affordable housing into a project. These funds are intended to be used by the
government agency to support other low-income housing projects.
JADU: Junior Accessory Dwelling Unit
MHA: Marin Housing Authority-A public-private agency overseen by a governing board
including private tenants and members of the Board of Supervisors to promote affordable
housing in Marin.
NIMBY: "Not in my backyard"
PDA: Priority Development Area
Plain Speak: Using simple, direct language in place of confusing legal jargon.
Plan Bay Area: Contains strategies for meeting the anticipated demand for transportation,
housing, and land use in local Priority Development Areas (PDAs) through 2040.
RDA: Redevelopment Agency-Program created in 1945 by the California Legislature to allow
local governments to revitalize deteriorated areas. Over 100,000 housing units were created by
RDAs before the end of the program in 2012.
Specific Plan: A comprehensive planning and zoning document for a defined geographic region.
April 6, 2017 Marin County Civil Grand Jury Page 23 of 31
Overcoming Barriers to Housing Affordability
APPENDIX A: Facility Siting
The issue of where to place a civic project has been well-studied for over 40 years and referred to
as "Facility Siting."The process for siting a project can be: regulatory, market, or voluntary.61 A
regulatory process imposes a project on a community through legal actions (such as eminent
domain). With a market process, incentives to the community are offered as conditions of project
approval. A voluntary process involves significant community dialogue, collaboration, and
negotiation.
The M7T-Harvard Public Disputes Program has found that the voluntary process of"mediation,
when used properly,produces fairer outcomes, more efficient results, and more stable political
commitments, as well as wiser use of the best scientific and technical information available."62
The well-tested Facility Siting Credo63 details the various objectives that should be considered in
a voluntary process:
■ Institute a broad participatory process
■ Achieve agreement that the status quo unacceptable
■ Seek consensus
■ Work to develop trust
■ Choose the solution that best addresses the problem
■ Guarantee that stringent safety measures will be met
■ Fully address all negative aspects of the facility
■ Make the host community better off
■ Use contingent agreements
m Seek acceptable sites through a volunteer process
■ Consider a competitive siting process
■ Work for geographic fairness
■ Set realistic timetables
■ Keep multiple options open at all times
As elected officials understand, it is important to be "people-focused" (actively listening to all
constituent needs)— or else they won't be re-elected. Contractors or municipality staff members,
who are responsible for achieving their milestones, tend to be much more "problem-focused."
The Facility Siting Credo balances both"problem-focused" and "people-focused" needs to arrive
at solutions that are "win-win" instead of"win-lose."
GI Lesbirel,S.Hayden and Shaw,Daigee "Facility Issues and Perspectives."Columbia Ear-thscape.
G2 AVT-Harvard Public Disrrnles Program.
63 Susskind,Lawrence."The Facility.Siting.C;redo."Negotiation Journal,Volume V1, Issue 4,October 1990..pp.309-314
April 6, 2017 Marin County Civil Grand Jury Page 24 of 31
Over•c0771ing Barriers to Housing Affordahility
APPENDIX B: Municipal Planning Notices
The following are recent examples of planning committee hearing notices that have been sent to nearby homeowners
and business owners:
TOWN OF TIBURON
NOTICE OF PUBLIC MEETING
TRESTLE GLEN CIRCLE PRECISE DEVELOPMENT PLAN
Notice is hereby given that the Tiburon Planning Commission will hold a public
meeting to consider the Trestle Glen Circle Precise Development Plan
application,which depicts the creation of three(3)single-family residential lots
on a 14.46-acre site. The subject property is located on the south side of Trestle
Glen Boulevard between Tiburon Boulevard and the upper intersection of Juno
Road. The proposed homes would be served by a private roadway leading from
Trestle Glen Boulevard opposite the upper Juno Road intersection with Trestle
Glen Boulevard. The property is Marin County Assessor's No. 039-061-91.
The Planning Commission will also review a Mitigated Negative Declaration for
the project.The Tiburon Planning Division is recommending that a Mitigated
Negative Declaration be adopted for the project pursuant to Section 21080 of the
California Environmental Quality Act(CEQA). Adoption of a Mitigated Negative
Declaration would indicate that that all potentially significant environmental
impacts of the project can be mitigated to a level of insignificance. The role of
the Plant-ting Commission is to make a recommendation to the Town Council
regarding the Precise Development Plan application and to consider the Mitigated
Negative Declaration in making its recommendation.
Plans and application materials for the project and the Draft Mitigated Negative
Declaration&Initial Study are available for review at the Planning Division,
Tiburon Town Hall, 1505 Tiburon Boulevard,Tiburon, CA 94920 and at the
Belvedere-Tiburon Public Library. Inquiries regarding the Trestle Glen Circle
project should be directed to Dan Watrous,Planning Manager at(415)435-7393.
Written comments on the Dram Mitigated Negative Declaration/Initial Study will
be accepted until 5:30 P.M. on Monday,December 12,2011,and should be sent
to Dan Watrous,Planning Manager,Town of Tiburon, 1505 Tiburon Boulevard,
Tiburon,CA 94920
The Planning Commission public hearing will be held at the Town Council
Chambers, 1505 Tiburon Boulevard,Tiburon,California.The Planning
Commission will meet on Wednesday,December 14,2011.The meeting will
begin at 7:30 P.M.
April 6, 2017 Marin County Civil Grand Jury Page 25 of 31
Overcoinb7g Barriers to Housing Affordability
APPENDIX B: Municipal Planning Notices (cont'd)
S
E
COMMUNITY DEVELOPMENT AGENCY
�._.
PLANN[N.Q.DIVI.$J.Q.N. _
. .........
fi _
z.O..UNTY OF7.MRIN�
NOTICE OF MARIN COUNTY DEPUTY ZONING ADMINISTRATOR HEARING
Husband Coastal Permit and Design Review
Project ID P1210
NOTICE IS HEREBY GIVEN that the Marin County Deputy Zoning Administrator(DZA)will
consider issuing a decision on the Husband Coastal Permit and Design Review during a public
hearing scheduled on Thursday,September 15,2016-The applicant for the project is Rebecca
Husband and Tom Meyer,and the property is located at 320 Drakes View Drive,Inverness,and
further identified as Assessor's Parcel 114-100-19.
The applicant requests Coastal Permit and Design Review approval to construct a new 2,270
square foot house with a detached 616 square foot carport on a wooded vacant lot in Inverness.
The 2,886 square feet of proposed development would result in a floor area ratio of 3.98 percent
on the 57,028 square foot lot.The proposed house would reach a maximum height of 25 feet
above surrounding grade and would have the following setbacks from the exterior walls:110
feet from the south front property fine;100 feet from the west side property line;46 feet from the
east side property line;108 feet from the north rear property line.The proposed carport would
reach a maximum height of 13 feet 3 inches above surrounding grade,and would have the
following setbacks from the exterior walls:60 feet 2 inches from the south front property line,25
feet 10 inches from the west side property line,132 feet 9 inches from the east side property
line,and 176 feet 9 inches from the north rear property line.
For more information about the Husband Coastal Permit and Design Review,please visit the
Planning Division's project webpage
at:http://www.madncounty.org/depts/cd/divisions/planning/projects.Project plans and other
documents related to the application are available on the project's webpage,where you can
subscribe to receive email notifications and updates.Hard copies of all of the application
materials,including project plans and any technical reports,are available at the Planning
Division's public service counter,which is normally open from 8 AM until 4 PM,Mondays
through Thursdays.For more information about the DZA hearing,please visit the Planning
Division's DZA hearings webpage at:
http://www.marincou nty,org/depts/cd/divisions/planning/boards-commissions-and-public-
hearings/dza.
The DZA hearing on the application will be held in the Marin County Hearing Chambers(Rooms
328/330,Administration Building),Civic Center,San Rafael,California,where anyone interested
in this matter may appear and be heard.DZA hearings generally begin at 9:00 AM,but a more
precise time will be indicated on the hearing agenda posted on the DZA hearing webpage one
week before the hearing.A staff report will be available on the project webpage and the DZA
hearing webpage on Friday,September 9,2016.
The decision on this application may be appealed to the Planning Commission.If you challenge
the decision on this application in court,you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice,or in written correspondence
delivered to the Planning Division during or prior to the public hearing.(Government Code
Section 65009(b)(2).)
August 25,2016
Tammy Taylor
Planner
Now* I
rrrr
■rrrr
rrr�
All public meetings and events sponsored or conducted by the County of Marin are held in
accessible sites.Requests for accommodations may be made by calling(415)473-4381(Voice)
473-3232(TDD/TTY)or by e-mail at disabilityaccess(o)marincounty.org at least four work days
in advance of the event.Copies of documents are available in alternative formats,upon request,
35Gi Cn��Cerce,p:hre Sbee>U8 S-.,r.Rdoe4 GA 9C�C3a i9 a I5 d73 o't69?.a�S a??'cS0 F.ai5 a77.'_25S TT\'-..+n�.nvr...<a:nty.e;g%pian
April 6, 2017 Marin County Civil Grand Jury Page 26 of 31
Overcoming Barriers to Housing Affordability
APPENDIX B: Municipal Planning Notices (cont'd)
The following is an example of a"plain speak"formal notice:
NOTICE OF PUBLIC HEARING— PLANNING COMMISSION
City of Mill Valley Design Review and Categorical Exemption Application
eft PLANNING AND BUILDING ADDRESS:156 Sycamore Ave I Project ID:PL16-44871 APN:023-222-25
MEETING DATE: August 23,2016 at 7:OOPM
MEETING LOCATION: Council Chambers,26 Corte Madera Ave,Mill Valley,CA 94941
PROJECT CONTACT: Kari Svanstrom,Senior Planner, Mill Valley Planning Department
(415)388-4033 1 ksvanstromCacityofmilivalley.org
PROJECT DESCRIPTION:Address—156 Scyamore Avenue—Design Review for a 711 square foot addition to an existing single family
residence.The proposed project has been determined to be exempt from further environmental review under Sectionl 5301(e)of the
California Environmental Quality Act(CEQA)Guidelines.
• All interested persons are welcome to attend and to comment,in person or in writing at the hearing.
• All Planning Commission meetings are webcast live and may be viewed at www.cityofmillvalley.org/meetings
• For any questions or further information on this project,or to submit a written statement prior to the public hearing contact the project
contact(listed above).
IF YOU CANNOT ATTEND:You can comment on the project in writing,prior to the meeting via email,mail,or in person to the project
contact.Project plans and other information about the project is available for public review at the public library and in the Planning
Department at Mill Valley City Hall.Hours are Monday,Tuesday,and Thursday 8:OOam tol2:00pm and 1:00pm to 5:00pm,and Wednesday
1:OOpm to 5:OOpm.Meeting agendas and staff reports can also be downloaded at the above-referenced website.
If you challenge any subsequent action of the Planning Commission regarding this matter in court,you will be limited to raising only those issues you or someone else raised at the
public hearing described in this notice,or in written correspondence delivered to the Planning Commission at,or prior to,the public hearing(Government Code Section 65009(b).
_—_.._...__.._......__....____..._._.._^..______._._.._.___._____.....__....._..._._.___......_._._..______---__..__._____._...__._......_........._............_.......__..—..__.........__
—__..__._......._.._
The City of Mill Valley does not discriminate against any individual with a disability.City publications will be made available upon request in the appropriate format to persons with a
disability.If you need an accommodation to attend or participate in this meeting due to a disability,please contact the Planning and Building Department in advance of the meeting at
415 388-4033.TDD phone number is 711.
April 6, 2017 Marin County Civil Grand July Page 27 of 31
Overcoming Barriers to Housing 4ffordability
APPENDIX C: Affordable Housing In-Lieu Fees
Many communities require developers of multi-unit housing to set aside a percentage of new units as affordable
housing. Instead of building affordable housing units,some of these municipalities allow the payment of fees in-lieu.
Municipality Has In-Lieu In-Lieu Fund Account In-Lieu Fund
Fees, Balance(FY2016) 5-Year:Expenditures
Belvedere NO N/A N/A
Corte Madera YES $165,391 None
Fairfax NO N/A N/A
Larkspur YES $34,380 Marin Housing Authority for
administering 39 deed-restricted units
Mill Valley YES $123,895 None
Novato YES Cash: $497,232 $400,000 loan to Homeward Bound
Assets: $2,397,232 for Oma Village transitional housing
(14 extremely-low-income family
units)
Ross NO N/A N/A
Sausalito NO N/A N/A
San Anselmo NO N/A N/A
San Rafael YES $1,107,422 $40,000 to Marin Housing Authority
for BMR Rental Project Contract
Payment; some loans to the MHA
Tiburon YES $1,224,780 Homeward Bound: $5,000
MHA: $76,327
Legal Aide: $47,531
Community Homeless Pgm (REST):
$12,425
County YES $5,774,727 Staff time: $879,123
Of Contracts: $94,922
Marin Loans: $983,000
Grants: $375,000
April 6, 2017 Marin County Civil Grand Jury Page 28 of 31
Overcoming Barriers to Housing Affordability
APPENDIX D: Utility Connection Fee Estimates
To better understand costs that developers incur,the Grand Jury surveyed agencies to get an estimate of what it would cost for a
service connection for:a new multi-family hone(6 units)-both market rate and affordable(low-income subsidized),an
accessory dwelling unit(ADU),and a junior accessory dwe ing unit(JADU).
6 1 6 1 1 1 Jr.
Agency Market , Affordable Accessory , Accessory
Rate Units ' Rate Units Dwell Unit ' Dwell Unit
I 1
Almonte Sanitary District $24,000 1 $24,000 $1,600 1 $0
Alto Sanitary District $25,672 $25,672 $4,450 $0
Bolinas Community Public Utility District(BCPUD) N/A 64 1 N/A $0 1 $0
I 1
Central Marin Sanitation Agency(CMSA) $33,992 i Member%65 $354 i $0
City of Mill Valley $30,000 $30,000 $0 i $0
Corte Madera Sanitary District No 2 $46,610 1 $46,610 $7,768 1 $0
Homestead Valley Sanitary District $7,800 i $7,800 $1,600 i $0
Inverness Public Utility District $5,800 1 $5,800 $5,800 1 $o
Las Gallinas Valley Sanitary District $34,566 $34,566 $5,184 $0
Marin Municipal Water District $56,000 $32,200 $13,532 $0
North Marin Water District $67,200 1 $67,200 $10,000 1 $o
Novato Sanitary District $65,160 $65,160 $10,860 i $0
Richardson Bay Sanitary District $9,769 1 $9,769 $1,242 1 $0
I I
Ross Valley Sanitary District(RVSD) $68,557 $066 $11,426 $0
San Quentin Village Sewer Maintenance District $38,988 $38,988 $6,498 i $0
San Rafael Sanitation District $20,566 1 $20,566 $1,424 1 $0
Sausalito-Marin City Sanitary District $36,780 $36,780 $6,130 $0
Sewer$7,000 I Sewer$7,000 1 Sewer$0
Stinson Beach County Water District Water$17,500 Negotiated Water$17,500 i Water$0
Tamalpais Community Service District $27,081 I $27,081 $4,581 1 $0
Belvedere $99,684 $99,684 $16,614 $0
Tiburon Sanitary District#5 Paradise Cove $33,072 1 $33,072 $5,512 1 $0
Tiburon $71,916 $71,916 $11,986 $0
I I
Tomales Village Community Services District $4,600 1 $4,600 $4,600 1 $0
64 BCPUD has moratoria in place on any new service connections to both their water system and sewer system.
65 CMSA Ordinance 2013-2:"Those residential construction projects which a Member Agency designates and determines are
qualified for reduced local sewer connection fees shall also automatically qualify for a reduced regional capacity charge.
However,the Agency's regional capacity charge shall be reduced only by the same proportionate amount as the Member
Agency's fee."
66 RVSD Ordinance 64,Section 29:"On adoption of a resolution by the Board,the District may make an exemption of
Connection Fees for low and moderate intone or senior citizen housing that is available to the general public operated by a non-
profit corporation or by a government agency."
April 6, 2017 Marin County Civil Grand Jury Page 29 of 31
Overcoming Barriers to Housing Affordability
APPENDIX E: Marin Housing Perceptions
Increased housing issues are being forced upon Marin County
FACT: All housing issues are under local government control. Established in 2008, the
Sustainable Communities Act's (Senate Bill 375)goal was to target greenhouse gas (GHG)
emissions from passenger vehicles. To achieve that, each of California's regional planning
agencies must develop a Sustainable Connnunities Strategy that"contains land use,housing,
and transportation strategies that,if implemented,would allow the region to meet its GHG
emission reduction targets. ,17 In 2013, our local regional planning agencies,Metropolitan
Transportation Commission(MTC)and Association of Bay Area Governments (ABAG),
jointly approved Plan Bay Area 68 to satisfy the Sustainable Communities Act.Plan Bay Area
contains strategies for meeting the anticipated demand for transportation,housing, and land
use in local Priority Development Areas(PDAs). Municipalities that approve PDAs are
awarded with transportation grant funds and cannot be legally forced to approve the housing
allocations for the PDAs.
Marin County has insufficient resources for an increased population
FACTS:
✓ Fire -With improved technology and improved fire agency cooperation, fire staffing has
decreased in recent years while still providing excess capacity. With more people, the 9-1-1
demands for EMS and fire will likely increase, and response times may suffer(without
additional staffing).
✓ Hospitals - The long term national trend is a decreased inpatient hospital demand.69 If the
increased population were mostly younger and agile, then demand for inpatient services
would be considerably less than an increased older population with pre-existing conditions.
Both (the new)Marin General Hospital and Novato Community Hospital have excess
capacity to adapt to at least a 20%increase in population.
✓ Open Space-Marin County open spaces and parks receive approximately 6 million total
visitors per year. The County's active land management goals are to encourage visitation and
recreation while balancing the physical infrastructure,programing and communications to
ensure that both facilities and recreation have minimal impacts on ecosystems, neighbors and
visitor experience.
✓ Police - Given the level of crime in Marin, adding 10-15%to the population would not likely
have a major impact on the ability of the police force to suppress or investigate criminal
behavior. Additional population would likely necessitate a change in staffing levels.
✓ Schools -Many Marin County public schools have demographic study updates in which
consultants attempt to project future district size to plan accordingly for the future.For 2016-
2017 school year, Marin County public schools have an enrollment of 38,941. Kentfield
School District has a capacity of 1,560 students and a current enrollment of 1,246 (utilization
factor of 79.9%). By 2020 the projected utilization factor will be 89.6%. As of 2013,
Larkspur-Corte Madera School had enrollment of 1,462 students and project by 2023 an
enrollment of 1,593. As of 2016,Dixie School District had 2,005 students enrolled and
projected to grow to 2,089 by 2025.
61 ,Sustainable C�omnnnrnties."Calilbrnio Environmental Protection Agency.
68"Plan Baty Area."Plan Bad-Area 2040.
69 Evans,Melanie,"Inpatient.sei v ices tell at hospitals as_ACA expands insutrace."Modern Healthcare.
April 6, 2017 Marin County Civil Grand Jury Page 30 of 31
Overcoming Barriers to Housing Affordability
APPENDIX E: Marin Housing Perceptions (cont'd)
...............................................................................................................................................................................................................................................
Marin County has insufficient resources for an increased population (cont'd)
✓ Sewers - Central Marin Sanitation Agency (CMSA) (serving 120,000 customers in Corte
Madera, Larkspur, Ross Valley, and San Rafael) has capacity to treat over 125 MGD (million
gallons of water/day). Normal use is 7-12 MGD, and during storms,peak rainwater incursion
temporarily has increased to 116 MGD. Additional population(with better sewer laterals)
would not overflow the system. On a smaller scale for example, Sewerage Agency of
Southern Marin (SASM) normally processes 2.3MGD,with peak storm processing of 30-32
MGD. SASM's total processing of 32.7MGD (with an additional 3.2MG equalization basins)
would likewise not cause system overflow problems with increased population in the SASM
service area.
✓ Water- Water Districts are state mandated to produce a Urban Water Management Plan
every five years to confirm that water supply will be available to meet projected water
demand considering the population and jobs projections of local or regional land use planning
agencies. Marin Municipal Water District(MMWD)has capacity to handle over 210,000
customers (currently 189,000 customers)with an assumption of three consecutive dry years.
North Marin Water District(NMWD)has 20,535 customers and has capacity to handle over
67,482 customers. Both MMWD and NMWD have plans in place for customer outreach and
water conservation projects that can be expanded in an effort to extend the time when the
water district may need to increase capacity or importation.
April 6, 2017 Marin County Civil Grand Jury Page 31 of 31
Office of the Town Manager , 2017
The Honorable Kelly Simmons Mr. Jay Hamilton-Roth, Foreperson
Judge of the Marin County Superior Marin County Civil Grand Jury
Court 3501 Civic Center Drive, Room 275
Post Office Box 4988 San Rafael, CA 94903
San Rafael, CA 94913-4988
Re: Response to Grand Jury Report
Overcoming Barriers to Housing Affordability
Dear Honorable Judge Simmons and Mr. Hamilton-Roth:
This letter explains in detail the Town of Tiburon's response to the Civil Grand
Jury Report dated April 12, 2017. The Report directs the Town to respond to
Recommendations Nos. 1-3.
RECOMMENDATIONS
Recommendation 1: Each planning department should begin regularly
scheduled meetings at which developers can speak, early in the process, with
all relevant members of staff to discuss impacts of proposed development and
potential solutions to problems.
Recommendation 2: Each planning department should develop a proactive
community outreach strategy for any project that might be considered
potentially controversial (including going beyond legal noticing minimums and
initiating outreach efforts as early as possible in the development cycle).
Recommendation 3: Each planning department should use succinct `plain-
speak" to convey issues in their outreach.
Town's Response to Recommendations:
Recommendation 1: This recommendation has already been implemented.
Town Planning staff will always schedule a meeting with a developer to discuss
impacts and likely requirements of any proposed development. Establishing a regular
schedule for such meetings is not warranted given the infrequent receipt and small
volume of such project applications filed in Tiburon.
Recommendation 2: This recommendation has already been implemented.
Town Planning staff will routinely reach out to relevant stakeholders regarding a
project that might be considered potentially controversial in ways that are above the
, M fi ....
ra
1
minimum legal noticing requirements, and strongly encourages applicants to hold
meetings, including neighborhood meetings, with affected parties.
Recommendation 3: This recommendation has already been implemented.
The Town appreciates that it can continue to improve its notification language with the
goal of making it more easily understandable, while still imparting legally-required
notification elements, which can at times appear bureaucratic. The Town does attempt
to use "plain-speak" in its public notices and has not received complaints from its
citizenry that the meaning of its public notices cannot be understood.
The Tiburon Town Council reviewed and approved this response on ,
2017, at a duly noticed and agendized public meeting. If you have further questions
on this matter, please do not hesitate to call.
Very truly yours,
GREG CHANIS
Town Manager
cc: Town Council
Town Attorney
r TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard June 21, 2017
},A j 1•, Tiburon, CA 94920 Agenda Item:
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Recommendation to Adopt Resolutions Amending the Management and the
Unre resented Employees Recognition and Incentive Compensation Program
for ?017-18
Reviewed By: t
BACKGROUND
Annually the Town Council adopts resolutions restating the employee recognition and incentive
compensation programs for the Town's Management and Unrepresented employee groups. The
Management and Unrepresented employees are the largest group of employees and are not
represented by any formal organization.
The resolutions provide for a one-year compensation program for employees covered under the
plan. It is proposed that in FY 2017-18 that all Management and Unrepresented employees
receive a salary increase of 2.7%, which is equal to the 2016 Consumer Price Increase, SF-Bay
Area All Urban Wage Earners. The proposed Management Incentive resolution also provides for
additional equity adjustments to the salary ranges for the Chief of Police and Director of Public
Works/Town Engineer in the amount of 3.4% and 2.8%, respectively. These additional increases
are based on a salary survey that found these two positions are more than 2% below the average
salary for comparable positions of the other Marin County local agencies, excluding Ross and the
County of Marin. These equity adjustments are consistent with the Town's Administrative Policy
for setting salary ranges for Management and Unrepresented employees. The Unrepresented
Employee resolution proposes the reclassification of the Office Assistant (Patti Pickett) to
Administration Assistant, with a new salary range of$4,271 - $5,338 per month. This represents
an additional 5% increase above the 2.7% COLA to the old salary range for the Office Assistant.
Since the retirement of the previous Town Clerk, Ms. Pickett has taken on the administration of
Special Event permit processing, event planning and various other more complex tasks. There
are no other changes proposed to the current benefit package currently offered to Management
and Unrepresented employees. Staff reviewed these recommendations with the Town's Budget
subcommittee and they have recommended approval by the full Council.
TOWN OF TIBURON PAGE 1 OF 2
-1-0vv n Council \fcctin'�,
FINANCIAL IMPACT
As proposed, the additional cost of this program in FY 2017-18 is estimated at $50,128, broken
down as follows:
Salary $43,920
Ca1PERS Employer Costs 3,526
Employer FICA 528
Increased Health Premiums 2,100
Total $50,128
The Preliminary FY 2017-18 Municipal Budget includes funding for these salary/benefit changes.
RECOMMENDATION
Staff recommends that the Town Council:
1. Adopt the following Resolutions:
a. Amending the Management Recognition and Incentive Compensation
Program; and
b. Amending the Unrepresented Employees Recognition and Incentive
Compensation Program
Exhibits: 1. Management Incentive Program Resolution
2. Unrepresented Employees Recognition and Incentive Program
Prepared By: Heidi Bigall, Director of Administrative Services
_._ __._....._..._.__......_................._._.......__._......_.........__...._..___..........._._.._............._............_..........._......_.._._.
RESOLUTION NO. XX-2017
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON RESCIND RESOLUTION NO. 24-2015
AND ADOPTING AN AMENDED MANAGEMENT RECOGNITION
AND INCENTIVE COMPENSATION PROGRAM FOR FY 2017-18
WHEREAS, in January 1979, the Town Council established and adopted a Management
Recognition and Incentive Compensation Program, in order to promote the development of a
strong, more effective management team and a means of recognizing outstanding management
performance in all public service areas; and
WHEREAS, the Management Recognition and Incentive Compensation program
enhances the professional growth, motivation, and loyalty of management employees and
promotes a consistently higher level of service to the public; and
WHEREAS, the Town Council has updated and amended the Management Recognition
and Incentive Compensation Program on several occasions, most recently in July 2015 by the
adoption of Resolution No. 24-2015; and
WHERAS, the Town of Tiburon management employees are defined to mean the
following positions:
Town Manager
Town Attorney
Chief of Police
Director of Administrative Services
Director of Community Development
Director of Public Works/Town Engineer
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby repeal Resolution No. 24-2015 and all predecessor versions of the
Management Recognition and Incentive Compensation Program and adopts the following
amended Management Recognition and Incentive Compensation Program:
SECTION 1. SALARIES
Effective July 1, 2017 salary ranges for management positions shall be:
Chief of Police $12,290 - $15,362
Director of Administrative Services $ 9,546 - $11,933
Director of Community Development $ 9.671 - $12,088
Director of Public Works/Town Engineer $11,917 - $14,896
Town Manager Based on Contract
EXHIBIT NO.
Page 1
SECTION 2. SALARY ADJUSTMENTS
Movement through the salary ranges will be based upon merit following a comprehensive
written performance evaluation by the Town Manager.
SECTION 3. BENEFITS AND INSURANCE
The Town shall contribute a dollar amount equal to the CalPERS Kaiser two-party
premium towards a Management employee's cafeteria plan to purchase medical, dental,
life and disability insurance. This dollar amount will float with the increase or decrease
in the cost of the CalPERS Kaiser two-party rate. If the full sum specified is exceeded
for group insurances of a given employee, then that employee shall pay the balance of the
monthly cost via a payroll deduction from the first two payrolls of the month. If the full
sum specified is not used for the group insurances cost of a given employee, then that
amount, not to exceed $400 per month, shall deposited into one of the Town's Deferred
Compensation Plans in the employee's name. Any employee who on December 31, 2008
receives more than $400 per month accruing fringe shall be capped at the higher amount.
Should, at any time, such employee's accruing fringe fall below the grandfathered cap,
but more than $400 per month, the lov0er amount becomes that employee's new cap.
Retirement—The Town contracts with CalPERS for the provision of a retirement
program for its miscellaneous and public safety employees. The Town does not
administer the retirement program and makes no representation of the specific parameters
of the program beyond what is provided in the Town's contract with CalPERS.
Employees may obtain a copy of the CalPERS contract to review all elements of the
current program.
Effective July 1, 2015, all employees considered "classic" under CalPERS shall "pick
up" I% of the CalPERS Employers rate. This additional I% is above the Employee's
normal rate of 7% for Miscellaneous and 9% for Safety. Employees considered "new"
under PEPRA shall continue to pay 50% of the normal cost. The employee retirement
contribution shall be made on a pre-tax basis as allowed under Internal Revenue Code
414(h)(2).
For Miscellaneous Members of the Public Employee's Retirement System hired prior to
January 1, 2013, the Town of Tiburon shall provide the CalPERS 2% @ 55 retirement
formula, with the highest single year calculation. Public Safety members hired prior to
January 1, 2013 shall receive the 3% @ 55 retirement formula with the highest 36 months
calculation.
Miscellaneous members hired after July 1 2013, who are "new members" of the
retirement system as defined by CA Government Code Section 7522.04(f) shall be
provided the 2% at 62 benefit formula with the highest 36 months calculation. Public
Safety employees hired on or after January 1, 2013, who are "new members" of the
retirement system as defined by CA Government Code Section 7522.04(f), shall receive
the 2.7% @ 57 retirement formula with the highest 36 months calculation
Page 2
Medical Insurance - The Town of Tiburon offers management employees and their
dependents medical/hospital insurance coverage. A qualified employee may choose from
the plans offered through the Public Employees Retirement System Health Benefits
Division for medical/hospital insurance coverage. Such insurance is mandatory for
covered employees unless they can demonstrate compliance with other coverage.
Dental Insurance - The Town of Tiburon offers management employees and their
dependents a dental plan. Such insurance is mandatory for all qualified employees unless
they can demonstrate compliance with other coverage.
Life Insurance - The Town of Tiburon offers management employees a life insurance
policy equal to one year's salary, not to exceed $95,000. Such insurance is mandatory for
all full-time employees. If the mandatory amount is not exceeded, the Town of Tiburon
offers management employees additional life insurance up to a combined total of no more
than $95,000. Participation is optional.
Disability Insurance - The Town of Tiburon offers management employees long term
disability insurance. Such insurance is mandatory.
Long Term Care - The Town of Tiburon offers management employees a long-term care
policy. Participation is optional.
Deferred Compensation Plan - The Town of Tiburon offers a deferred compensation plan
to management employees. Such monies deposited would become tax-deferred and
would be subject to income taxation in the year they are withdrawn from the deferred
compensation plan. Participation is optional.
IRS Section 125 Plan - The Town of Tiburon offers management employees the ability to
participate in its IRS Section 125 Plan. Participation is optional.
SECTION 4. VACATION LEAVE
In recognition of the fact that many top management personnel are recruited from outside
the Town, that the average tenure for those management personnel is substantially more
than that of non-management personnel, and that at least three years prior experience is
required, the following vacation leave policy for management personnel shall be
implemented:
Management employees shall accumulate vacation leave in accordance with the
following vacation time entitlement:
Service Work Days
0-5 Years 15 Days
6-15 Years 20 Days
16+ Years 25 Days
Page 3
Upon termination of a management employee's service with the Town, such employee
shall be paid a lump sum equivalent to his/her accrued vacation leave. Maximum
accumulation of vacation leave is 40 workdays.
SECTION 6. SICK LEAVE
Management employees shall be entitled to accrue one working day of sick leave with
pay for each month or major fraction thereof. Sick leave may be accrued by management
employees without a maximum limitation.
SECTION 7. SICK LEAVE PAY OFF
Management employees hired prior to July 1, 2001 may receive cash equivalent
compensation of 50% of their accrued sick leave, up to a total of 60 days, if the following
conditions are met:
a. The employee files for a service retirement from the Town, or
b. The employee voluntarily separates from the Town and has at least 15 years of
service with the Town.
Effective July 1, 2011, the cash value of this benefit will be determined based on each
employee's hourly rate and number of eligible hours for cash-out purposes (50% of
sick leave balance, up to 60 days). This value will be documented and the value
capped. This value cannot grow through additional accrued sick leave or though
increases in pay. Employees with 15 years or more service with the Town may
request a cash-out of 60% of the eligible hours (early cash-out option). Should an
employee request the early cash-out of 60% of the eligible sick leave hours, they will
not be entitled to any further sick leave cash-out upon retirement or separation of
employment with the Town. Those hours cashed out will be deducted from the
employees sick leave balance. If an employee is not eligible for, or elects not to take,
the early cash-out option, they shall be paid the frozen dollar value upon separation of
employment with the Town. The only way the frozen dollar amount can be lowered
is if an employee has less accrued sick leave hours upon separation of employment
than they do on July 1, 2011. For tax planning purposes, should an employee desire
to take the early cash out option, they will be allowed to take this payment in either
2011 or in January 2012.
For management employees hired after July 1, 2001, they may accrue unlimited sick
leave with no option for "cashback" benefits.
SECTION 8. HOLIDAYS
The Town agrees to provide management employees the following holidays:
New Year's Day January 1
Martin Luther King Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Page 4
Independence Day July 4
Labor Day First Monday in September
Veterans Day Observed during Holiday Furlough
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
New Year's Eve December 31
When a holiday falls on a Saturday, the preceding Friday shall be observed. However, if a
holiday falls on a Saturday and the preceding Friday is also a holiday, the Town Manager
may designate the preceding Thursday or following Monday to observe the holiday.
When a holiday falls on Sunday, the following Monday shall be observed. However,
when a holiday falls on a Sunday and the following Monday is also a holiday, the Town
Manager may designate the preceding Friday or following Tuesday to observe the
holiday.
SECTION 9. HOLIDAY CLOSURE
All represented employees will be required to take a 1 day vacation or administrative
leave furlough. The day furloughed will be December 28, 2017. Tiburon Town Hall will
be closed from December 22, 2017 through January 1, 2018.
Proposed Schedule:
Friday, December 22, 2017 Christmas Eve Holiday Observed
Monday, December 25, 2017 Christmas Day
Tuesday, December 26, 2017 Veteran's Day Observed
Wednesday, December 27, 2017 Furlough Day on Town
Thursday, December 28, 2017 Furlough Day on Employee
Friday, December 31, 2017 New Year's Eve Holiday Observed
Monday, January 1, 2018 New Year's Day
SECTION 10. ADMINISTRATIVE LEAVE
In recognition of the long hours required to perform at the management level, including
attendance at numerous meetings outside normal working hours, the following
Administrative Leave policy shall be implemented:
Management employee may receive up to ten days administrative leave annually, to be
awarded at the discretion of the Town Manager.
SECTION 11. DINNER ALLOWANCE
All management employees who live more than 10 miles from Town and who are
required to attend night meetings or work after office hours beyond 7:00 P.M. may be
reimbursed in an amount not to exceed $25.00 for the purchase of dinner for that night.
Page 5
This allowance applies to management employees who reside outside a ten-mile radius of
the Town. Employee reimbursement is subject to the approval of the Town Manager and
must be accompanied by a restaurant receipt, which shall include the amount, date,
meeting or purpose, and the employee's name.
SECTION 12. TERMINATION ALLOWANCE
In order to foster job security within a professional climate, management employees will
be entitled to severance pay when they are terminated from Town service. However;
such employee must be in the employ of the Town for at least three (3) years, and such
termination is not for cause or for reasons listed in Government Code Section 19572, the
Town's Personnel Rules & Regulations, Section 6, or any employee who voluntarily
resigns from Town Service for personal reasons.
Unless otherwise noted in an Employment Agreement, Management employees shall be
covered by the following termination allowance schedule:
Service Work Weeks
After:
3 years 1 month
7 years 2 months
10 years 3 months
This severance pay is in addition to any accrued vacation leave, unused at the time of
termination.
SECTION 13. VEHICLE USAGE/ALLOWANCE
Management employees, to a far greater extent than other Town employees, are required
to travel throughout the Town, County, and Bay Area to fulfill their job requirements.
This travel is frequently required outside of normal working hours. In recognition of this
employment requirement, the Town shall provide either the use of a Town vehicle or an
automobile allowance, as provided in the Town budget. Use of a Town vehicle shall be
in accordance with the Town's Administrative Policies and Procedures and is not
intended for private use.
SECTION 14. TUITION REIMBURSEMENT
In order to promote continued development of skills, knowledge, and abilities among
management employees, the Town of Tiburon shall reimbursement the costs of tuition,
books and fees at the rate of the California State University system. Employees must
receive prior approval of the Town Manager and submit certified transcripts with the
evidence of a grade of"C" or better from an accredited college or university and submit
bona fide receipts to qualify for tuition reimbursement. This provision has been
suspended since FY 2011-12.
Page 6
SECTION 15. PROFESSIONAL MEMBERSHIP FEES
Most management personnel are expected to maintain membership in appropriate
professional organizations. These memberships serve to acquaint the Town with current
programs and procedures in these professional areas by means of publications and
specific activities. The Town will include the cost of these membership fees in the
respective departmental budgets.
SECTION 16. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE
For any Management employee hired prior to July 1, 2009, the Town of Tiburon will
make contributions toward a retired employee's medical insurance plan based upon the
following conditions:
a. Employee must retire directly from employment with the Town of Tiburon and
apply to PERS for retirement benefits.
b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single
rate that is in effect at the time of the employee's retirement.
C. The Town's contributions rate is based on the following formula:
Percent of Kaiser Years of Consecutive
Single Rate Service to Town
50% 15 Years
75% 20 Years
100% 25 Years
Such coverage is not extended to employee's spouse or other dependents.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the provisions of this
resolution shall supersede any other previous rules and resolutions of the Town of Tiburon which
may be in conflict herewith.
Page 7
PASSED AND ADOPTED at a regular sleeting of the Town Council of the Town of
Tiburon on , 2017, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
Page 8
RESOLUTION NO. XX-2017
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON REPEALING RESOLUTION NO. 25-2015
AND ADOPTING AN AMENDED UNREPRESENTED
EMPLOYEES RECOGNITION AND
INCENTIVE COMPENSATION PROGRAM
WHEREAS, in January 2002, the Town Council established and adopted a Mid-
Management and Unrepresented Employee Recognition and Incentive Compensation Program in
order to attract and retain professional, competent and qualified employees to carry out the
Town's public service mission, and
WHEREAS, such a program enhances the professional growth, motivation, and loyalty of
mid-management, professional and confidential employees and promotes a consistently higher
level of service to the public, and
WHEREAS, the Town Council has updated and amended the Mid-Management and
Unrepresented Employee Recognition and Incentive Compensation Program most recently in
July 2015 by the adoption of Resolution No. 25-2015; and
WHEREAS, the Town of Tiburon Unrepresented employees are defined to include the
following positions:
Building Permit Technician Associate Planner
Superintendent of Public Works Building Official
Management Analyst Building Permit Clerk
Emergency Services Coordinator Planning Manager
Town Clerk Associate Civil Engineer
Administration Assistant Community Development Aide
Building Inspector
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby repeal Resolution No. 25-2015 and all predecessor versions of the Mid-
Management and Unrepresented Employees Recognition and Incentive Compensation Program
and adopts the following amended Mid-Management and Unrepresented Employees Recognition
and Incentive Compensation Program:
SECTION 1. SALARIES
Effective July 1, 2017 salary ranges for positions covered by this resolution shall be:
Associate Planner $5,803 - $ 7,254
Management Analyst $6,206 - $ 7,757
Building Permit Technician $4,928 - $ 6,160
EXHIBIT NO.
Town Council Resolution No.XX-2017 Adopted June 21, 2017 Page I of 7
Building Official $8,610 - $10,763
Superintendent of Public Works $8,249 - $10,311
Emergency Services Coordinator $5,535 - $ 6,919
Associate Civil Engineer $7,125 - $ 8,906
Planning Manager $6,963 - $ 8,704
Town Clerk $6,397 - $ 7,996
Administration Assistant $4,271 - $ 5,338
Community Development Aide $3,961 - $ 4,951
Building Inspector $6,552 - $ 8,190
Building Permit Clerk $4,271 - $ 5,338
SECTION 2. SALARY ADJUSTMENTS
Movement through the salary ranges will be based upon merit following a comprehensive
written performance evaluation by the employee's supervisor.
SECTION 3. BENEFITS AND INSURANCES
The Town shall contribute a dollar amount equal to the CalPERS Kaiser two-party
premium to each Mid-Management and Unrepresented employee's cafeteria plan to
purchase medical, dental, life and disability insurance. This dollar amount will float with
the increase or decrease in the cost of the CalPERS Kaiser two-party rate. If the full sum
specified is exceeded for group insurances of a given employee, then that employee shall
pay the balance of the monthly cost via a payroll deduction from the first two payrolls of
the month. If the full sum specified is not used for the group insurances cost of a given
employee, then that amount, not to exceed $400 per month, shall deposited into one of
the Town's Deferred Compensation Plans in the employee's name. Any employee who
on December 31, 2008 receives more than $400 per month accruing fringe shall be
capped at the higher amount. Should, at any time, such employee's accruing fringe fall
below the grandfathered cap, but more than $400 per month, the lower amount becomes
that employee's new cap.
Retirement—The Town contracts with CalPERS for the provision of a retirement
program for its miscellaneous and public safety employees. The Town does not
administer the retirement program and makes no representation of the specific parameters
of the program beyond what is provided in the Town's contract with CalPERS.
Employees may obtain a copy of the CalPERS contract to review all elements of the
current program.
Effective July 1, 2015, all employees considered "classic" under CalPERS shall "pick
up" I% of the CalPERS Employers rate. This additional I% is above the Employee's
normal rate of 7% for Miscellaneous and 9% for Safety. Employees considered "new"
under PEPRA shall continue to pay 50% of the normal cost. The employee retirement
contribution shall be made on a pre-tax basis as allowed under Internal Revenue Code
414(h)(2).
Town Council Resolution No.XX-2017 Adopted June 21, 2017 Page 2 of 7
For Miscellaneous Members of the Public Employee's Retirement System hired prior to
January 1, 2013, the Town of Tiburon shall provide the CaIPERS 2% @ 55 retirement
formula, with the highest single year calculation. Public Safety members hired prior to
January 1, 2013 shall receive the 3% @ 55 retirement formula with the highest 36 months
calculation.
Miscellaneous members hired after July 1 2013, who are "new members" of the
retirement system as defined by CA Government Code Section 7522.04(f) shall be
provided the 2% at 62 benefit formula with the highest 36 months calculation. Public
Safety employees hired on or after January 1, 2013, who are "new members" of the
retirement system as defined by CA Government Code Section 7522.040, shall receive
the 2.7% @ 57 retirement formula with the highest 36 months calculation
Medical Insurance - The Town of Tiburon offers its employees and their dependents
medical/hospital insurance coverage. An employee covered under this resolution may
choose from the plans offered through the Public Employees Retirement System Health
Benefits Division for medical/hospital insurance coverage. Such insurance is mandatory
for employees unless they can demonstrate compliance with other coverage.
Dental Insurance - The Town of Tiburon offers employees and their dependents a dental
plan. Such insurance is mandatory for all employees unless they can demonstrate
compliance with other coverage.
Life Insurance - The Town of Tiburon offers employee covered by this resolution a
$25,000 life insurance policy. Such insurance is mandatory. The Town of Tiburon
offers employees covered by this resolution additional life insurance above the
mandatory $25,000 policy, up to a combined total of no more than $95,000. Participation
is optional.
Disability hlsurance - The Town of Tiburon offers employees covered by this resolution
long term disability insurance which provides two-thirds of an employee's salary up to a
maximum benefit of$4,500/month. Such insurance is mandatory.
Long; Term Care - The Town of Tiburon offers covered employee a long-term care
policy. Participation is optional.
Deferred Compensation Plan - The Town of Tiburon offers a choice of two deferred
compensation plan to employees. Such monies deposited would become tax-deferred and
would be subject to income taxation in the year they are withdrawn from the deferred
compensation plan. Participation is optional.
IRS Section 125 Plan - The Town of Tiburon offers employees the ability to participate
in its IRS Section 125 Plan. Participation is optional.
Town Council Resohition No.XX-2017 Adopted June 21, 2017 Page 3 of 7
SECTION 4. VACATION LEAVE
Mid-management and Unrepresented employees shall accumulate vacation time in
accordance with the following vacation entitlement schedule:
Service Work Days
0-5 Years 12 Days
6-10 Years 18 Days
11+ Years 20 Days
Upon termination of a covered employee's service with the Town, such employee shall
be paid a lump sum equivalent to his/her accrued vacation leave. Maximum
accumulation of vacation leave is 35 workdays.
SECTION 5. SICK LEAVE
Mid-management and Unrepresented employees shall be entitled to accrue one working
day of sick leave for each month or major fraction thereof. Sick leave may be accrued by
qualified employees without a maximum limitation.
SECTION 6. SICK LEAVE PAY OFF
Mid-management and Unrepresented employees hired prior to July 1, 2001 may receive
cash equivalent compensation of 50% of their accrued sick leave, up to a total of 60 days,
if the following conditions are met:
a. The employee files for a service retirement from the Town, or
b. The employee voluntarily separates from the Town and has at least 15 years of
service with the Town.
Effective July 1, 2011, the cash value of this benefit will be determined based on each
employee's hourly rate and number of eligible hours for cash-out purposes (50% of
sick leave balance, up to 60 days). This value will be documented and the value
capped. This value cannot grow through additional accrued sick leave or though
increases in pay. Employees with 15 years or more service with the Town may
request a cash-out of 60% of the eligible hours (early cash-out option). Should an
employee request the early cash-out of 60% of the eligible sick leave hours, they will
not be entitled to any further sick leave cash-out upon retirement or separation of
employment with the Town. Those hours cashed out will be deducted from the
employees sick leave balance. If an employee is not eligible for, or elects not to take,
the early cash-out option, they shall be paid the frozen dollar value upon separation of
employment with the Town. The only way the frozen dollar amount can be lowered
is if an employee has less accrued sick leave hours upon separation of employment
than they do on July 1, 2011. For tax planning purposes, should an employee desire
Town Council Resolzttion No.XX-2017 Adopted June 21, 2017 Page 4 of 7
to take the early cash out option, they will be allowed to take this payment in either
2011 or in January 2012.
For employees hired after July 1, 2001 in Mid-Management and Unrepresented positions
may accrue unlimited sick leave with no option for "cashback" benefits.
SECTION 7. HOLIDAYS
The Town agrees to provide Mid-Management and Unrepresented employees the
following holidays:
New Year's Day January I
Martin Luther King Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veterans Day December 26 (observed)
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
New Year's Eve December 31
When a holiday falls on a Saturday, the preceding Friday shall be observed. However, if a
holiday falls on a Saturday and the preceding Friday is also a holiday, the Town Manager
may designate the preceding Thursday or following Monday to observe the holiday.
When a holiday falls on Sunday, the following Monday shall be observed. However,
when a holiday falls on a Sunday and the following Monday is also a holiday, the Town
Manager may designate the preceding Friday or following Tuesday to observe the
holiday
SECTION 8. HOLIDAY CLOSURE
All represented employees will be required to take a I day vacation or administrative
leave furlough. The day furloughed will be December 28, 2017. Tiburon Town Hall will
be closed from December 22, 2017 through January 1, 2018.
Proposed Schedule:
Friday, December 22, 2017 Christmas Eve Holiday Observed
Monday, December 25, 2017 Christmas Day
Tuesday, December 26, 2017 Veteran's Day Observed
Wednesday, December 27, 2017 Furlough Day on Town
Town Council Resolution No.XX-2017 Adopted Jane 21, 2017 Page 5 of 7
Thursday, December 28, 2017 Furlough Day on Employee
Friday, December 31, 2017 New Year's Eve Holiday Observed
Tuesday, January 1, 2013 New Year's Day
SECTION 9. ADMINISTRATIVE LEAVE
In recognition of the long hours required to perform at the Mid-Management and
Unrepresented level, including attendance at numerous meetings outside normal working
hours, the following Administrative Leave policy shall be implemented.
Each exempt Mid-Management or Unrepresented employee may receive up to ten days
administrative leave annually, to be awarded at the discretion of the Town Manager.
Administrative Leave shall be taken in one hour increments.
SECTION 10. DINNER ALLOWANCE
All Mid-Management and Unrepresented employees who live more than 10 miles from
Town and who are required to attend night meetings or work after office hours beyond
7:00 P.M. may be reimbursed an amount not to exceed $25.00 for the purchase of dinner
for that night. Employee reimbursement is subject to the approval of the Town Manager
and must be accompanied by a restaurant receipt which shall include the amount, date,
meeting or purpose, and the employee's name.
SECTION 11. TUITION REIMBURSEMENT
In order to promote continued development of skills, knowledge, and abilities among
employees,the Town of Tiburon shall reimburse the costs of tuition, books and fees at
the rate of the California State University system. Employees must receive prior
approval of the Town Manager and submit certified transcripts with the evidence of a
grade of"C" or better from an accredited college or university and submit bona fide
receipts to qualify for tuition reimbursement. This provision has been suspended since
FY 2011-12.
SECTION 12. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE
For employees covered by this Resolution and who were hired prior to July 1, 2009, the
Town of Tiburon will make contributions toward a retired employee's medical insurance
plan based upon the following conditions:
a. Employee must retire directly from employment with the Town of Tiburon and
apply to PERS for retirement benefits.
b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single
rate that is in effect at the time of the employee's retirement.
ToN,n Council Resolution No.XX-2017 Adopted June 21, 2017 Page 6 of 7
C. The Town's contribution rate is based on the following formula:
Percent of Kaiser Years of Consecutive
Single Rate Service to Town
50% 15 Years
75% 20 Years
100% 25 Years
Such coverage is not extended to employee's spouse or dependents.
Employees hired after July 1, 2009, shall not be eligible for retiree medical allowance.
SECTION 13. PERSONNEL RULES & REGULATIONS
In the event any provisions of this Resolution contradict those included in the Town's
Personnel Rules & Regulations, the terms of this Resolution shall prevail.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on , 2017, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
Town Council Resolution No.XX-2017 Adopted June 21, 2017 Page 7 of 7
TOWN OF TIBURON Town Council Regular Meeting
c g 1505 Tiburon Boulevard June 21,2017
Tiburon, CA 94920 Agenda Item:Al-
STAFF
�
To: Mayor and Members of the Town Council
From: Greg Chanis,Town Manager
Michael Cronin, Police Chief
Subject: Auto ted License Plate Reader System Replacement
Reviewed By:
BACKGROUND:
In 2009, the Town Council approved the acquisition of an Automated License Plate Reader
System (ALPRS)to be operated and managed by the Police Department as a crime prevention
and investigative tool. The system we purchased cost$117,834 and was in operation by early
2010. It is a stationary system located on Tiburon Boulevard and Paradise Drive, and is designed
to capture an image of the vehicle license plate of every vehicle entering or leaving Tiburon.
After many years of generally good performance, a significant portion of the system was recently
damaged.
DISCUSSION
The system we purchased was produced by the Pips Technology, a subsidiary of Federal Signal
Company, a leader in ALPRS technology at that time. Pips Technology was subsequently sold to
3M Company. Pips used local contractors to maintain the systems, and initially 3M did the same.
We were generally satisfied with both system performance and service for the occasional
problems that occurred. Issues were generally limited to network connectivity (the Tiburon
Boulevard cameras, until very recently, used a wireless connection) and cameras being knocked
out of focus by high winds.
The system functioned as expected and has proven to be a valuable investigative tool. It is
credited with making a significant contribution to the subsequent drop (roughly 50%) in the local
crime rate. Widespread awareness of Tiburon's use of the system, a result of the extensive
publicity surrounding one of the first examples of such use, is believed to have had a substantial
deterrent effect.
We expected the system to perform for about ten years and did not anticipate the need for
replacement until 2020. In late April of this year, we suffered the simultaneous loss of all four
cameras on Tiburon Boulevard. We believe the damage may have been caused by a power surge,
the occurrence of which has been acknowledged by PG&E. It took nearly a month to determine
the cameras were irreparably damaged. The delay in reaching this determination was largely
because the service company now contracted by 3M, Odin Systems, is located in Placerville and
has limited resources and availability. This results in difficulty and delays in scheduling service
calls in a timely manner.
TOWN OF TIBURON PAGE 1 OF 3
i
Simply replacing the four cameras will cost approximately $50,000, and we believe it is
reasonable to expect additional expenditures for Paradise Drive camera replacements within 1-3
years. Alternatively, we also asked Odin Systems for a quote to replace the entire system with an
updated 3M system (hardware and software). The quote (attached as Exhibit 1) totals $66,348,
which includes installation costs. Whether we replace just the 4 cameras, or the entire system
with 3M products, the result will be a system that is: limited in its capabilities, lacks
interoperability with other local agencies, is expensive to maintain, and is subject to intermittent
extended service interruptions waiting for service technicians to be scheduled out of Placerville.
Given our current situation, staff is recommending Council consider replacing our current 3M
system with one supplied by Vigilant Solutions, a company based in Livermore CA. Since the
time we purchased our system, ALPR technology has evolved, and several local agencies have
acquired systems of their own. Without exception, the other local agencies have chosen a
Vigilant system. These agencies include: The Marin County Sheriff's Department, Sausalito
Police Department, Central Marin Police Agency and perhaps most importantly, the Belvedere
Police Department. Maintenance of Vigilant systems is performed by D.C. Electric, a North Bay
company with extensive local government experience and a good reputation for prompt and
efficient service.
The Vigilant system is similar to our current system but has some additional capabilities that are
significant. Our current ALPRS identifies license plates with high reliability and searches state
and federal data bases for"wanted"vehicles. In addition to that capability, the Vigilant system
can also determine make and color of vehicles (which is sometimes all we have to go on), and can
search Vigilant's own `private' data base of millions of vehicles, identifying those vehicles which
may be associated with crimes in other jurisdictions.
Of special importance is the fact that Vigilant is the largest ALPRS provider in the Bay Area, and
the only other provider to law enforcement agencies in Marin County. This is important because
Vigilant has the largest collection of local `private' data in the communities where perpetrators of
crimes in Tiburon are most likely to come from.
Vigilant's unique database allows us a high probability of seeing where a particular vehicle has
been. That's important because even when we have a license plate, it doesn't necessarily lead us
to the perpetrator's home. Criminals often use unreported stolen cars or cars rented under
fraudulent circumstances, making it impossible to locate them. This makes Vigilant's unique data
base a significant addition to our investigative ability.
The total estimated cost for acquiring and installing the Vigilant system is $75,000. This includes
a quote from Vigilant totaling $66,248.96 (attached as Exhibit 2)to furnish the hardware and
software, and an additional estimated $8,750 for the installation of the new cameras.
This contract is exempt from Public Contract Code § 20162 because the cameras and associated
services are unique to the vendor and competitive proposals would be impractical or impossible.
POLICY CONSIDERATIONS
When Town Council approved the initial ALPRS in 2009, several policy issues were also
discussed, resulting in a policy which imposed a 30-day limit on the retention of data collected by
ov" IM
10,
the ALPRS, as well as certain restrictions on sharing ALPRS data with anyone outside the
Tiburon PD. Staff recommends Council consider proposed revisions to these restrictions.
Our current system stores data on a server located at Tiburon PD, whereas the Vigilant system
would store data on an offsite server maintained by Vigilant. This provides for the capability to
share ALPRS data with other law enforcement agencies using the Vigilant system. This means
the search for a particular license plate by another agency, either in a criminal investigation, or
possible national security investigation, would reveal whether that vehicle had been recorded
entering or leaving Tiburon. The proposed changes to the current policy acknowledge that data
will now be stored on a vendor maintained server, and provides for ongoing sharing of data with
other law enforcement agencies, subject to the authorization of the Chief of Police or the Police
Captain.
Extending or eliminating the current 30-day storage time restriction for data is also important to
consider. In many instances, crimes don't come to light, or vehicles associated with crimes aren't
known, for months or even years. When they do become known, perhaps by another agency, we
would know if they have ever visited Tiburon. Staff is recommending Council consider
extending the time data is stored from 30 days to 2 years.
Attached to this report as Exhibit 3 is a redline version of the relevant policy which incorporates
the proposed changes. We have also provided a clean copy of the revised policy attached as
Exhibit 4.
RECOMMENDATIONS:
Staff recommends the Tiburon Town Council:
1. Consider including an allocation of$75,000 in the proposed Fiscal Year 2017-2018
Municipal Budget for replacement of the Town's existing Automatic License Plate Reader
System, with the funding to come from the Town's Technology Reserve Fund.
2. Authorize the Town Manager to negotiate with the vendor, execute a contract and proceed
with the purchase and installation of the Vigilant ALPRS System.
3. Consider approval of the recommended changes to previously established ALPRS policy with
regard to data retention and access.
Exhibits:
I. Odin Systems 3M Replacement Quote
2. Vigilant Quote
3. (Redlined)Proposed Changes to Policy
4. Final Revised Policy
ODIN SYSTEMS INC.
5/3/17
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, California 94920
(415) 435-7399 office
(415) 789-9256 facsimile
www.townoftiburon.org
Attn: Patrick Kerslake
Job Name: Fixed Camera Upgrade Program -Tiburon
Dear Patrick,
We are pleased to submit you with a 3M ALPR fixed camera upgrade at a discount of 27%off MSRP.This
proposal also includes the installation and programming of the hardware and implementation of new 3M
Plate Alert Basic software.
Total Base Estimate: $66,348.57 (tax included)
An exclusion and clarification sheet is attached for your review, and is included to be part of this bid. Please
note that our bid is firm for 30 days. Any additional requirements not shown, or not designated will be
considered a change to the quotation, and may require a price modification. We thank you for this opportunity
to submit our proposal on this project. Please do not hesitate to call should you have any questions.
Sincerely,
e��4411�
CEO
Odin Systems, Inc.
dustin@odinsystems.com
EXHIBIT NO.
-L-
3047 UNIVERSITY AVE. STE.302 SAN DIEGO,CA. 921041 PHONE(619)955-5500 IWWW.ODINDSYSTEMS.COM
ODIN SYSTEMS INC.
Job Name: Fixed Camera Upgrade Program -Tiburon
Inclusions/ Clarifications:
➢ Price based on budgetary scope of work verbally requested by the client and outlined in email
on 4/28/17
➢ Pricing based on normal working hours
➢ Pricing includes prevailing wages
➢ Pricing include travel and per-diem
1. Provide 3 days labor, materials and equipment to install (5) 3MTm Fixed ALPR Camera P392 and (2)
associated power supply termination boxes and (1) 3M11' Fixed Wide Lane ALPR Camera P492 with
associated power supply termination box.
2. Provide consulting and configuration with IT staff in integrating camera feeds into upgraded 3MTM Plate
Alert basic software.
Exclusions:
1. Provide constant 120vac to camera location(unless requested by client).
2. Provide pole or mounting source for camera(unless requested by client).
3. Return trips should power and poles are not set in place at the time of the installation.
4. Network conduit or cabling outside of pole location.
5. Approvals from City Agencies.
6. Unforeseen conditions.
7. Stamped or engineered drawings.
8. Working not specifically referenced above.
9. Engineering fees.
10. Plan check fees.
11. Payment and performance bond.
12. Permit fees.
13. Overtime.
14. CAD drawings.
3047 UN IVERSITY AVE. STE.302 SAN DIEGO, CA.92104 1 PHONE(619)955-5500 IWWW.ODINDSYSTEMS.COM
Lehr
4797 Northgate Blvd
. Sacramento,California 95934 VIGILANT
(P1925-MI-0511 267-393-6246
Attention: Tiburon PD 7C7at1/6/2017
Pra'ect Marne: PIPS Re lacement Quote Number: MFM-0229-01
PROJECT QUOTATION
We at Lehr are pleased to quote the following systems for the above referenced project:
Qty Item 0 Description
(1) Fixed Camera LPR Vigilant Fixed LPR Camera with Integrated Smart Processor
SYS-1 Hardware:
VSF-075-H-RE Integrated (Internal)solid state DSP Smart processor units-No moving parts
o Plug-N-Play IP based camera with Power Over Ethernet(POE)
Includes field installed J-Box
75mm LPR Camera(s)with IR and Color video
o Includes RAM mounting bracket
Software:
Direct connect to Vigilant's nationally hosted LEARN LPR data server
o Includes CarDetector LPR software for local server hosting
LPR vehicle license plate scanning/real time alerting
o Full suite of LPR tools including data analytics
(1) Fixed Camera LPR Vigilant Fixed LPR Camera with Integrated Smart Processor
SYS-2 Hardware:
VSF-075-H-RE Integrated(Internal)solid state DSP Smart processor units-No moving parts
o Plug-N-Play IP based camera with Power Over Ethernet(POE)
Includes field installed J-Box
75mm LPR Camera(s)with IR and Color video
o Includes RAM mounting bracket
Software:
Direct connect to Vigilant's nationally hosted LEARN LPR data server
o Includes CarDetector LPR software for local server hosting
LPR vehicle license plate scanning/real time alerting
o Full suite of LPR tools including data analytics
(1) f=ixed Camera LPR Vigilant Fixed LPR Camera with Integrated Smart Processor
SYS-3 Hardware:
VSF-075-H-RE Integrated(Internal)solid state DSP Smart processor units-No moving parts
o Plug-N-Play IP based camera with Power Over Ethernet(POE)
Includes field installed J-Bax
75mm LPR Camera(s)with IR and Color video
o Includes RAM mounting bracket
Software:
Direct connect to Vigilant's nationally hosted LEARN LPR data server
o Includes CarDetector LPR software for local server hosting
a LPR vehicle license plate scanning/real time alerting
o Full suite of LPR tools including data analytics
VS-ILP-1F2RE Intelligence Led Policing Package w/(3)Fixed LPR Cameras(Reaper)-
Hardware Includes:
• Stationary Mount LPR Cameras-Quantity=3'Reaper'LPR Cameras
o Power over Ethernet(POE)LPR cameras wl Integrated processors
o Lens configuration to be confirmed by customer at time of order
Software/Services Include:
CarDetector Fixed LPR Software for LPR server
LEARN Software as a Service(SaaS)including,
o LEARN Data Analytic Tools
o Unlimited Commercial LPR data Access
o Hosting,data and system management of LPR data
o LEARN-Mobile Companion SmartPhone application(Android&iPhone)
• First year Standard Service Package for hosted LPR server access
FaceSearch Hosted Facial Recognition
o Image gallery of up to 5,000 images
TAS-UL Target Alert Service-LPR Alert Delivery Software-Unlimited User
Real Time LPR notification and mapping software sends LPR alerts to any in-network PC
• Send Alerts over any communication protocol including LAN,WAN, internet wireless,etc.
Server Client software compatible with all Vigilant CDFS applications
SSUPLN-COM Vigilant Start Up&Configuration of Hosted/Managed LEARN Server Account
New client account setup via national LPR server
Required for all hosted/managed LEARN client accounts
(6) SSUPSYS-COM Vigilant System Start Up&Commissioning of'In Field'LPR system
• Viailant technician to visit customer site
• Includes system Start LIP,configuration and commissioning of LPR system
• Applies to mobile(I System)and fixed (1 Camera)LPR systems
(1) VSPTRNG Vigilant End User Training for LPR Systems
• End user training for Vigilant products
o Covers all client purchased applications
o Includes classroom and field operation training
Vigilant certified technician to visit site and perform one training class
(6) CDFS--1 HOAN Fixed Camera LPR System-Extended Hardware Warranty -1 Additional Year
o Fixed LPR System LPR hardware component replacement warranty
. Valid for 1 year from warranty expiration
(2) VS-FX-DUAL-BRKT- Dual Fixed Camera Wall Mount Bracket
ASSY . Wall Mount for(2)Fixed Cameras
(2) VS-FX-UNI-POLE- Fixed LPR Camera Bracket
WALL-BRKT REV B • Pole or Wall Mount -UPR ARM ASSY POLE&WALL MOUNT BLK REV B
(3) Fixed Kit POD Fixed Kit POD Includes
• NEMA Enclosure
• Power Supply
• Sierra Wireless Modem
• Antenna
• POE Switch
(3) CLKs Pre Buy CLK Fees Year 1 (3)NON ILP FIXED CAMERAS
(1) Tax Local Sales Tax Rate 8.25%
Quote Notes:
1, All pricesare quoted inUSDand will remain firm and in effect for 8Odays.
2. All hardware components tohave standard One(1) year hardware warranty.
3. All software to have standard one(1) year warranty for manufacturer defects.
4. Software is manufactured under strict Vigilant Solutions standard,
6. This Quote does not include anything outside the above stated bill of materials,
G. Does Not Include Physical Installation @Site
Quoted by: Mike McGee ~ 925-303-9513 - m0mogee@|ehra0to.co00
378. AUTOMATED LICENSE PLATE READER SYSTEM: PURPOSE AND SCOPE
Periodically the Town of Tiburon experiences patterns of criminal activity perpetrated by
non-resident criminals. Most of this crime has involved theft from vehicle, burglary and
auto theft. The Police Department staff has determined that deployment of a fixed
Automated License Plate Reader System (ALPRS) would be a desirable and cost
effective investigative tool for suppression of these crimes. The Town Council has
concluded that such a system will enhance public safety in the Town of Tiburon.
It is the intent of the Town Council to:
1. Ensure that ALPRS is capable of effectively and efficiently achieving its articulated
purpose.
2. Ensure that the design, scope and capabilities of the ALPRS minimize its
negative impact on privacy.
3. Ensure that the decisions to employ ALPRS, including system design and cost, are
made through an open and publicly accountable process.
4. Create technological and administrative safeguards to reduce the potential for
misuse and abuse of the system.
378.1 POLICY
The Tiburon Police Department operates a ALPRS as an investigative tool for the sole
purpose of creating a safer environment for all those who live, work and visit the Town.
This policy provides guidelines for ALPRS operation.
378.2 DEFINITIONS
378.2.1 ALPRS
A non-portable, fixed system consisting of a camera, or cameras, and related
equipment used to capture, record, transmit and store license plate and vehicle
images/data recorded on public spaces for use in criminal investigations; and for
searching data files for vehicles wanted or sought in connection with the commission of
a serious crime; and capable of notifying police of the presence of such vehicles.
378.3 PROCEDURE
The following procedures have been established for the effective operation of the
ALPRS.
EXHIBIT NO.
378.3.1 EQUIPMENT & LOCATION
ALPRS cameras used by the Tiburon Police Department will be in fixed locations in
public space approved by the Town Manager. The cameras will be positioned to record
rear images of vehicles and their license plates only. Cameras will not have pan, tilt and
zoom capabilities or the ability to record sound. Cameras will not be installed in, or
directed at any space where a reasonable expectation of privacy exists.
378.3.2 USER ACCESS
Images/data will be continuously recorded. Images/data will be transmitted to a
dedicated secure server maintained by the system vendor Gem-puter ig aleGati-en
determined .the TGwR InfnrmatioR Ser„iGes Maga e-F. Access to the images/data will
be limited to the T^,^,n Infermation —eWiGes Manager, watch Commanders,
Investigating Officer(s)geteGtk�e, Evidence Technician(s), Police Captain and Police
Chief. Access is for the sole purpose of identifying vehicles suspected of being occupied
or operated by person(s) responsible for crimes under investigation by the Tiburon
Police Department or other law enforcement agency.
Access will require a unique login/password for each authorized user of the system.
User names and passwords will be issued by the own IS I\ aRagcar to individuals
approved by the Chief of Police. The system will record user access for audit purposes.
Real time access and viewing may be authorized by the Chief of Police, the Police
Captain or the watch Commander to facilitate emergency traffic or disaster
management, or when it is reasonable to believe such use may result in the
apprehension of an at large felony suspect known or suspected of being in or en-route
to the Tiburon area.
378.3.3 TRAINING
Personnel authorized to access the ALPRS will be appropriately trained and supervised
in use of the equipment and this policy.
378.3.4 PROHIBITED ACTIVITY
System use will be conducted in a professional, ethical and legal manner. The ALPRS
will not be used for any purpose not directly related to the investigation of reported
crime or disaster management.
378.4 IMAGE/DATA STORAGE
All images/data will be stored on a secure server maintained by the system vendor,in-a
-o^„ro area with access restricted to authorized persons,except that images/data
retained in connection to a criminal investigation shall be transferred to suitable storage
medium and placed into evidence in accordance with current departmental evidence
procedures.
Images/data not required for investigative purposes shall be retained on the secure
server for a period of two years# 4rty-d-ay-&. The system shall be configured to
automatically purge any images/data older than 2 years, except those retained in
connection with a criminal investigationthai,-thi tyrays.
The Teem I
-rr�r�—rvvvi-r-�
purged iR aGGerdanGe with this seGtieR and shall repert any evidenGe efde,
this PEAGY tO the Tewn Manager
378.5 DATA/IMAGE SHARI NGRELEASE OF IMAGES
Data/Images may be shared on an ongoing basis with other local, State, or federal law
enforcement agencies, and shall only occur with the authorization of the Chief of Police
or the Police Captain.
The release
Poke er the PoliGe Captain, OF iR GeMpliaRGe with a seaFGh waFrant, subpoena, GEW
eFder or in aGGOrdaRGe with a federal or Galifemea statute. images/data released unde
nr the cU iF rViciOR and
GE)Rt el ell iheTvideGe Tenhniniaf)
378.5.1 ALLIED AGENCY INVESTIGATIVE REQUESTS
Requests for images/data from other government agencies required for a criminal
investigation shall be submitted to the Chief of Police or the Police Captain, who will
promptly review the request for conformity with this policy before any release. The
images/data requested shall be preserved until the request has been reviewed. Release
of any images will be in accordance with current departmental evidence procedures.
378.5.2 PUBLIC RECORDS ACT REQUESTS
Images/data captured by ALPRS are exempt from release pursuant to the California
Public Records Act (CPRA) Government Code Section 6254.
378. AUTOMATED LICENSE PLATE READER SYSTEM: PURPOSE AND SCOPE
Periodically the Town of Tiburon experiences patterns of criminal activity perpetrated by
non-resident criminals. Most of this crime has involved theft from vehicle, burglary and
auto theft. The Police Department staff has determined that deployment of a fixed
Automated License Plate Reader System (ALPRS) would be a desirable and cost
effective investigative tool for suppression of these crimes. The Town Council has
concluded that such a system will enhance public safety in the Town of Tiburon.
It is the intent of the Town Council to:
1. Ensure that ALPRS is capable of effectively and efficiently achieving its articulated
purpose.
2. Ensure that the design, scope and capabilities of the ALPRS minimize its
negative impact on privacy.
3. Ensure that the decisions to employ ALPRS, including system design and cost, are
made through an open and publicly accountable process.
4. Create technological and administrative safeguards to reduce the potential for
misuse and abuse of the system.
378.1 POLICY
The Tiburon Police Department operates a ALPRS as an investigative tool for the sole
purpose of creating a safer environment for all those who live, work and visit the Town.
This policy provides guidelines for ALPRS operation.
378.2 DEFINITIONS
378.2.1 ALPRS
A non-portable, fixed system consisting of a camera, or cameras, and related
equipment used to capture, record, transmit and store license plate and vehicle
images/data recorded on public spaces for use in criminal investigations; and for
searching data files for vehicles wanted or sought in connection with the commission of
a serious crime; and capable of notifying police of the presence of such vehicles.
378.3 PROCEDURE
The following procedures have been established for the effective operation of the
ALPRS.
EXHIBIT No.
378.3.1 EQUIPMENT & LOCATION
ALPRS cameras used by the Tiburon Police Department will be in fixed locations in
public space approved by the Town Manager. The cameras will be positioned to record
rear images of vehicles and their license plates only. Cameras will not have pan, tilt and
zoom capabilities or the ability to record sound. Cameras will not be installed in, or
directed at any space where a reasonable expectation of privacy exists.
378.3.2 USER ACCESS
Images/data will be continuously recorded. Images/data will be transmitted to a
dedicated secure server maintained by the system vendor . Access to the images/data
will be limited to Watch Commanders, Investigating Officer(s), Evidence Technician(s),
Police Captain and Police Chief. Access is for the sole purpose of identifying vehicles
suspected of being occupied or operated by person(s) responsible for crimes under
investigation by the Tiburon Police Department or other law enforcement agency.
Access will require a unique login/password for each authorized user of the system.
User names and passwords will be issued to individuals approved by the Chief of
Police. The system will record user access for audit purposes.
Real time access and viewing may be authorized by the Chief of Police, the Police
Captain or the watch Commander to facilitate emergency traffic or disaster
management, or when it is reasonable to believe such use may result in the
apprehension of an at large felony suspect known or suspected of being in or en-route
to the Tiburon area.
378.3.3 TRAINING
Personnel authorized to access the ALPRS will be appropriately trained and supervised
in use of the equipment and this policy.
378.3.4 PROHIBITED ACTIVITY
System use will be conducted in a professional, ethical and legal manner. The ALPRS
will not be used for any purpose not directly related to the investigation of reported
crime or disaster management.
378.4 IMAGE/DATA STORAGE
All images/data will be stored on a secure server maintained by the system vendor, with
access restricted to authorized persons, except that images/data retained in connection
to a criminal investigation shall be transferred to suitable storage medium and placed
into evidence in accordance with current departmental evidence procedures.
Images/data not required for investigative purposes shall be retained on the secure
server for a period of two years. The system shall be configured to automatically purge
any images/data older than 2 years, except those retained in connection with a criminal
investigation.
378.5 DATA/IMAGE SHARING
Data/Images may be shared on an ongoing basis with other local, State, or federal law
enforcement agencies, and shall only occur with the authorization of the Chief of Police
or the Police Captain.
373.5.1 ALLIED AGENCY INVESTIGATIVE REQUESTS
Requests for images/data from other government agencies required for a criminal
investigation shall be submitted to the Chief of Police or the Police Captain, who will
promptly review the request for conformity with this policy before any release. The
images/data requested shall be preserved until the request has been reviewed. Release
of any images will be in accordance with current departmental evidence procedures.
373.5.2 PUBLIC RECORDS ACT REQUESTS
Images/data captured by ALPRS are exempt from release pursuant to the California
Public Records Act (CPRA) Government Code Section 6254.
• ° TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard June 21,2017
Tiburon, CA 94920 Agenda Item:AT-
REPORTSTAFF
To: Mayor and Members of the Town Council
From: Department of Public Works
Subject: Ope ' pace Management Update
Reviewed By:
BACKGROUND
During the presentation on the Proposed Fiscal Year 2017-2018 Municipal Budget at the June 7,
2017 Council Meeting, staff was asked to provide additional information regarding the Open
Space Management Plan to Council. The budget presented at that meeting included $25,000 in
additional funds for open space management compared to previous years. This additional
funding would allow staff to move through the Council adopted Priority 1 (safety) work faster,
after which money could be shifted for species protection. Including the proposed $25,000
increase, the total amount proposed is $78,000.
At the June 7, 2017 meeting, staff was asked to provide options for additional work in the open
space specifically to protect the Tiburon Jewelflower. One question asked was what the time
frame was to begin work protecting the Jewelflower and when it would be too late. It would be
difficult to predict the timeframe in which we must begin work without seeking the opinion of
independent professionals in this field, and any such advice would likely include some degree of
speculation with regard to the effects of invasive species, levels of human intrusion into sensitive
areas, inherent variability of annual weather patterns, and the effects of climate change.
ANALYSIS
Staff has previously presented a plan for funding open space management work to protect the
Jewelflower. This plan was developed in consultation with a local resident, Eva Buxton, who has
a professional background in this type of work. The plan included hiring a particular individual
who would work as a part-time Town employee to remove Oat Grass in the open space areas near
the existing Jewelflower population during a particular time period in the spring. Conducting the
work as proposed would be in conflict with the environmental document and mitigation measures
approved by Council when they adopted the Open Space Management Plan. Therefore, to
proceed with the work as proposed will first require completion of an environmental study and
modification to those mitigation measures. The current Mitigation Measures state:
TOWN OF TzBURON PAGE 1 OF 2
1. "Vegetation management activities shall only be performed during periods when
identified sensitive plant species are dormant." The Tiburon Jewelflower, Marin dwarf
flax, and Tiburon buckwheat are typically dormant in late-July, August, and September.
2. "Vegetation clearance work involving large trees in which raptors might nest shall be
avoided during the Nesting raptors nesting season from April 1 through August 31."
The cost of this study is estimated at $5,000. Following the study, we estimate the cost of the
actual work at $10,000/year for four years, for a total project cost of$45,000 over four years.
Assuming the environmental study and initial year of work occurs in the same fiscal year,the
first-year cost is estimated at $15,000. This work would only address Oat Grass removal in the
Middle Ridge area near the existing Jewelflower population.
The individual recommended to conduct this work is not a contractor, does not have insurance,
and therefore would need to be hired as a temporary, part time employee of the Town. As this
person has another job, the vast majority of the work will be completed unsupervised, on
weekends, and without the ability for staff to provide assistance, even in an emergency, except
through the Police Department. It is important to note while there is no affirmative duty to weed
invasive species to protect the Jewelflower, if we do work around the protected species, we need
to do it correctly and in accordance with our adopted environmental measures.
The goal for the first year would be to complete an initial study and mitigated negative
declaration. Then in each successive year, for four years the Town would hire a"weeder", as
described above, for about 200 hours per year. This approach assumes the use of one particular
person hired as a part time employee by the Town, an approach strongly encouraged by Ms.
Buxton. Staff suggestions to consider options to have other people or contractors work near the
sensitive species have been met with resistance, even if they were to be monitored by a
professional biologist. However, should the recommended individual become unavailable, the
fallback position would be either to abandon the Jewelflower effort, or to hire a professional
contractor and have them monitored full time by a biologist. The cost for this approach is
estimated at $20,000 per year for four years, plus the initial environmental assessment and CEQA
document, for a total of$85,000 over four years.
RECOMMENDATION
Staff recommends the Town Council:
1. Hear any public comment on this item,
2. Review and discuss the information provided in this Staff Report, and
3. Provide staff direction regarding the desired level of funding for open space
management in the Fiscal Year 2017-2018 Municipal Budget, with any additional
amount to be funded from The Measure A Parks Reserve Fund.
Prepared by: Patrick Barnes, Town Engineer
Dmitriy Lashkevich, Associate Engineer
TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard June 21 2017
Tiburon, CA 94920 Agenda Item:Al
STAFF PO .
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Department of Administrative Services
Subject: Recc4mendation to Adopt a Resolution Establishing the Municipal Budget
Pl for 2017-18
.-
Reviewed By:
DISCUSSION
At the regular meeting of June 7, 2017, the Town Council received a presentation and held a
public hearing on the proposed Municipal Budget for FY 2017-18. At the conclusion of the
Public Hearing, staff was directed to return to Council on June 21 for adoption of the proposed
Fiscal Year 2017-2018 budget and associated resolutions.
Recapping the presentation at the June 7, 2017 meeting, the total Town budget appropriates
$17,000,596 in expenditures. The total budget includes $11,551,825 in operating expenditures,
$348,050 in capital equipment and IT outlay, $4,464,755 in capital improvements, and $635,965
in debt service. The operating budget is balanced and provides a$200,422 surplus.
As directed by Council at the June 7 meeting, Staff prepared two reports related to potential
budget amendments; one for the replacement the Town's Automated License Plate Reader
System (ALPRS) and one to allocate additional Open Space Vegetation Management funds for
preservation of at-risk habitat. Replacement of the ALPRS system is proposed at $75,000 and the
additional open space vegetation management funding is proposed at $15,000. Adoption of the
budget will include any amendments as previously discussed and approved by the Council.
FINANCIAL IMPACT
By approving the Resolution as presented, the Council is authorizing the level of expenses, within
funds, for the 2017-18 fiscal year.
RECOMMENDATION
Staff recommends that Council:
1. Adopt, and authorize the Mayor to sign, the attached resolution(Exhibit 1) approving the
Municipal Budget Plan for the Town of Tiburon for the Fiscal Year Ending June 30,
2018, with any approved modifications as previously discussed at tonight's meeting.
TOWN OF TIBURON MAGE I OF 2
Exhibit: Resolution Adopting the Municipal Budget Plan for FY 2017-18
Prepared By: Suzanne Creekmore, Management Analyst
--- ------------------- - -------_.-------------------- _ ._,. __. _.__ ..------------. __ _ - -
DRAFT RESOLUTION NO. -2017
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ADOPTING A MUNICIPAL
BUDGET PLAN FOR THE TOWN OF TIBURON FOR
THE FISCAL YEAR ENDING JUNE 30 2018
WHEREAS, the Town Council conducted a Public Hearing concerning the
proposed Municipal Budget Plan for fiscal year 2018 at its regularly scheduled meeting
on Wednesday, June 7, 2017; and
WHEREAS, the Town Council now finds that the proposed Municipal Budget
Plan, as estimated, provides for all appropriate municipal purposes and services with
current fund(s) and resources and estimated revenues for fiscal year 2018; and
NOW, THEREFORE, BE IT RESOLVED; that the proposed Municipal Budget
Plan appropriates revenues and other sources of funds for expenditures associated with
operations, capital outlays, capital improvements, and debt service, in the following
amounts:
Section 1. Operating Budget Program - The proposed Plan has sufficient
resources to finance the planned expenditures:
Revenues and Funding Sources $11,752,247
Expenditures 11,551,825
Total Operating Net: $ 200,422
Section 1 a. Operating Revenue Appropriation—Estimated Revenues and
Sources of Funds for fiscal year 2017
GENERAL FUND
Property Taxes $ 5,441,260
Other Taxes 1,647,068
Franchise Fees 710,000
Fines & Forfeitures 129,000
Investment Earnings 100,100
Intergovernmental & Agency 93,324
Licenses & Permits 992,100
Charges for Services 375,200
Other Revenues 121,040
Subtotal General Fund Revenues $ 9,609,091
OTHER FUNDING SOURCES
Low/Moderate Housing Fund 33,033
Town Owned Housing Fund 87,078
DRAFT Pagel of 5
Peninsula Library Agency 1,758,545
Police COPS/SLESF Fund 125,000
Cypress Hollow Fund 16,500
Long Range Planning Fund 25,000
Gas Tax 40,000
Measure "A" Sales Tax Parks 58,000
Total Revenues & Sources $11,752,247
Section 1 b. Operating Expenditures Appropriation—Planned Department
expenditures for fiscal year 2018:
AMOUNT
ADMINISTRATION
Town Attorney $ 291,000
Town Administration 1,202,123
Administration Building 216,776
Legislative 85,250
COMMUNITY DEVELOPMENT
Planning& Design Review $ 573,963
Building Inspection 661,912
Advanced Planning 25,000
POLICE
Police Department $3,276,517
Police Building 65,532
PUBLIC WORKS
Administration $ 553,858
Streets Maintenance 508,259
Parks Maintenance 632,172
Street& Signal Light Maintenance 34,000
Corporation Yard 116,380
Cypress Hollow 16,500
NON-DEPARTMENTAL
Insurances & JPAs 1,413,927
Low-Moderate Income Housing 33,033
Town Owned Housing 87,078
Belvedere/Tiburon Library Agency 1,758,545
Total Expenditures: $11,551,825
DRAFT Page 2 of 5
Section 2. Capital Improvement Program— Sources of Funding for Planned Streets,
Drainage and Community Development Improvements in fiscal year 2017:
SOURCES PROJECTS
General Fund
Infrastructure & Facility Fund 575,000
Gas Tax Fund 229,755
General Fund Streets & Drainage Reserve 1,315,000
Street Impact Fund 375,000
General Fund Park Development Fund 1,400,000
Drainage Impact Fund 30,000
Private Donations 540,000
General Fund Technology 0
Measure "A" Funds - Parks 0
Safe Routes to School Grants 0
Measure "A" Transportation 0
Street Frontage Improvement Fund 0
STREETS
Paradise Drive Foundation Improvements 140,000
Contingency Provision 45,000
Major Pothole Repair Project 330,000
Subtotal Streets Improvements $ 515,000
DRAINAGE
Annual Drainage Improvements 1,100,000
Sugarloaf Slide and Drainage Repair 150,000
Beach Road Drainage 65,000
Design - Culvert on Old Rail Trail @ San Rafael
Avenue 30,000
Subtotal Drainage Improvements $1,345,000
COMMUNITY IMPROVEMENTS
Rule 20A and 20B Undergrounding of Utilities
Lyford Dr. to Ned's Way 500,000
Bench Replacement 50,000
Fountain Plaza Lighting and Tree Design 25,000
Railroad Trestle 180,000
McKegney Green Field Improvements 1,800,000
Street Frontage Improvements 49,755
Subtotal Community Development Projects $2,604,755
DRAFT Page 3 of 5
Total Capital Improvements $4,464,755 $4,464,755
Section 3. Debt Service Program—Planned Debt Service and related expenses for
special assessment, community facilities districts, and general obligation bond issues of
the Town are as previously planned:
BOND ISSUE AMOUNT
2016 Consolidated Reassessment District $635,965
Total Debt Service $635,965
IT IS FURTHER RESOLVED that the Town Manager may make adjustments
and activities within the budget provided that no increase or diminishment in salaries
result other than that provided by the Town's Personnel System and Master Salary
Program, or as authorized by the Town Council, and provided that no expenditure or
encumbrance contingent on contract agreement, or other engagement requiring approval
of the Town Council shall be made until such contract is first approved by the Town
Council.
DRAFT Page 4 of 5
PASSED AND ADOPTED at a special meeting of the Town Council of the Town
of Tiburon on June 15, 2017, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
DRAFT Page 5 of 5
TOWN OF TIBURON Town Council Meeting
4 1505 Tiburon Boulevard June 21,2017
Tiburon, CA 94920 Agenda Item:Al
..
STAFF
PO .
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Subject: tRommendation for Interim Appointments to Fill Town Council Vacancies
Reviewed By: `
BACKGROUND
At the April 5, 2017 Town Council meeting, the Town Council directed staff to publish a notice
of vacancies and to seek applicants to fill the vacancies on the Town Council created by the
departures of Councilmembers Doyle and Tollini. The Council stated its intention to fill the
vacancies on an interim basis and to call a special election in November 2017 to fill the vacancies
for the remainders of the terms (both until November 2020). The interim appointees will serve
until the date of the November 7, 2017 special election.
When the application period closed on May 8, 2017, staff received 22 applications and letters of
interest from persons wishing to be considered for one of the two seats. Since that time, six
individuals have withdrawn their applications, leaving 16 applicants for consideration by the
Council.
The Council interviewed the applicants at the regular Town Council meeting on May 17, and at
special meetings on June 6 and June 13. At this time, there are no remaining interviews to take
place or outstanding resumes on file. The Council is asked to consider making both interim
appointments to the Town Council this evening. If the Council appoints two interim
Councilmembers tonight, both individuals will be sworn in and will take their seats on the
Council at the regular July 5 meeting.
RECOMMENDATION
Per the Council's discussion on June 13, 2017, Staff recommends the Town Council receive the
staff report, consider public comment, and begin deliberation by publicly announcing each
councilmember's preferred four candidates, and use that information to guide discussion. It is
then recommended that the Council nominate and move to appoint two candidates to the interim
seats on the Town Council.
Exhibits: 1.Applications of Applicants
2. Citizen Letters
Prepared By: Lea Stefani,Town Clerk
TOWN OF TIBURON PAGE 1 OF 1
Town Council Interim Appointment Applicants
1. David Bloch
2. Gerald (Jerry) Jacobs
3. David Kulik
4. John Leszczynski
5. Charles Ted Lynch
6. Melvyn Mark
7. Brian McCullough
8. Angela McInerney
9. Jack Ryan
10. Patrick Sherwood
11. Holli P. Their
12. Larry Tint
13. Karol E. Towns
14. Stephen Wanat
15. Daren Wein
16. Jon Welner
EXHIBIT NO._=_____
David Bloch
Lea Stefani
From: Bloch, David <DBloch@winston.corn>
Sent: Monday, April 24, 2017 5:58 PM
To: Lea Stefani
Cc: Greg Chanis
Subject: Tiburon Town Council - letter of interest
Dear Lea:
I write to express my interest in filling one of the vacancies on the Tiburon Town Council.
I was born and raised in Tiburon:went to Strawberry, Reed, Bel Air, Dei Mar,and graduated from Redwood in 1989. 1
went away to college (Reed, George Washington) and spent a few years bouncing around the Bay Area(Strawberry,San
Bruno, EI Granada) before moving back to Tiburon about 10 year ago. My kids now attend the same schools that I
attended (which is fun, if sometimes a little surreal). My parents still live on Reed Ranch Road, while we make our home
at 1934 Centro West. I am a Tiburon taxpayer and registered voter.
I studied political science as an undergraduate, am presently an intellectual property lawyer,and also hold a Master's in
Public Health. I'd like to think that my education and background (much more detail here:
http://www.winston.com/en/who-we-are/attorneys/bloch-david-s.html)would help the Council in its deliberative
process. But perhaps more importantly being a native (and in some sense a prodigal)gives me an unusual—and-long-
term—perspective on Tiburon ... how it has changed and how it remains the same;what we have done well and what
we can do better;what battles the Town Council should fight and when it should instead step aside. I have no long-term
political ambitions(Lord knows) but would be pleased with this opportunity to serve for a short while.
Thank you for your consideration.
Best—DSB
David S. Bloch
Partner
Winston&Strawn LLP
101 California Street 275 Middlefield Road
San Francisco,CA 94111- Menlo Park, CA 94025
5840
D: +1 (415)591-1452 D: +1 (650) 858-6452
F: +1 (415)591-1400 F: +1 (650)858-6550
Bio I VCard I Email I www.winston.com
WINSTON
&STRAWN
The contents of this message may be privileged and confidential. If this message has been received in error,please delete it without reading it.Your receipt of this
message is not intended to waive any applicable privilege.Please do not disseminate this message without the permission of the author.Any lax advice contained
in this email was not intended to be used,and cannot be used,by you(or any other taxpayer)to avoid penalties under applicable lax laws and regulations.
1
Jerry Jacobs
Lea Stefani
From: Gerald Jacobs <Jerry@JerryJacobsDesign.com>
Sent: Sunday, April 23, 2017 11:49 AM
To: Lea Stefani
Subject: Vacancy Town Council member.
Lea Stefani
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
Dear Lea,
I have been a resident of Tiburon since December of 1986. 30 years +. So I have to say this is my Town. I'm a
registered voter too.
It would be an honor to be considered and serve at the Town Council, to help Town in as many ways as
possible.
I am an Architect and the first stage of my career was devoted to Town Planning and Design, including a post
graduate at the Town and Country Planning Association in London, where I focused on New Towns and
Community Centers. So it is in my blood to help structure plans for improvements in many ways,particularly in
small Towns.
I recently served as President of the American Society of Interior Designers (ASID) for Northern California and
San Francisco, 2008-2010. During my tenure one of my biggest efforts was in building consensus as a means to
achieve better results.
My purpose was again to serve, give back and help. The same concept as my efforts in Town would be. Initially
learn and support,then propose for consideration what would make sense as a community and as a Board.
If the position I believe is available at the moment I would be happy to start anytime. I am not retired, I still
practice to use my creativity in Residential and Interior Design, in Marin and the SF Bay, however I have the
time to serve as my practice is very small, though award winning and internationally published.
I do hope I can be of help to improve our"Town overall conditions, and help solve issues that matter.
Sincerely yours,
Gerald N. (Jerry) Jacobs
Jens Jvcohs
Jerry Jacobs Design,Lic.
I.. { L-1I?A >.0,20;VI 11.-415.272.41122
inCorlJiel r yiacobsdesign.coin
,wjei�vjacobsdesi�•com
1
David Kulik
Members of the Tiburon Town Council-
Since moving to Tiburon in 2007,my family and I have become truly appreciative of all our
Town has to offer.
Once we became established here, I decided to get involved. I serve on the Board of Directors
of our neighborhood association, have served as the Treasurer and President of the Belvedere
Tennis Club, and since 2013 have served on the Tiburon Planning Commission, acting as the
Chairman in 2015.
.As I became more familiar with the history and current state of affairs in Tiburon, I was
routinely humbled realizing how much work,has gone into establishing, preserving, and
improving all the elements that make the quality of life so exceptional in our Town. This work
was done by countless selfless volunteers,giving freely of their time and energy to serve the
Tiburon community.
My time on the Planning Commission has taught me the value of process and continuity in the
governance of our Town. While 1 certainly do not claim to be.a superior candidate, I do have a
working knowledge of our land use guidelines and a thorough familiarity with the process for
adjudicating and administering our local regulations. During a time where there will be a
substantial amount of change on the Town Council, I submit that this experience may be of use
in filling one of the current vacancies.
Over the last four years, I have tried my level-best to treat everyone that has come before the
Planning Commission respectfully. By studying the specific issues, the background information,
the applicable regulations, and by listening to the concerned citizens, I can confidently state
that I have made fully informed decisions and in the process treated everyone involved fairly. I
would bring that same philosophy to the Town Council, and while the issues will be different by
definition,the process for understanding them will remain the same.
My wife and I are fully invested in Tiburon, as we decided years ago to raise our two daughters
here. We feel extremely fortunate to be able to provide this childhood experience for them.
By applying for this appointment, I hope to continue to honor the efforts of those who have
volunteered before me, as well as to serve my community in a new and impactful way.
Attached Please find a brief summary of relevant experience and qualifications. I would be
happy to expand on this information during an interview.
Thank you for your consideration,
David Kulik
DAVID KULIK
kulikl@mac.com
Education
Lake Forest College, Bachelor's degree in Physics
The Wharton School, University of Pennsylvania, MBA in Finance
Work Experience
United States Marine Corps
Officer, Naval Aviator
1995-2006 (Active Duty)
2006-Present (Reserve)
Southwest Airlines
2006-Present- Pilot
Community Service
Tiburon Planning Commission
2013-Present - Commissioner
2015 - Chairman
Lyford Cove/Old Tiburon Neighborhood Association
2013-Present- Board of Directors
Belvedere Tennis Club
2013-2015 - Board of Directors
2014-Treasurer
2015 - President
John Leszczynski
Lea Stefani
From: John Leszczynski <johnl5447@gmail.com>
Sent: Wednesday, May 03, 2017 8:11 AM
To: Lea Stefani
Subject: Tiburon Town Council Vacancies
Dear Ms. Stefani,
My name is John Leszczynski, I've lived in Tiburon continuously since 1996, and currently own a horne and
reside there at 318 Karen Way with my wife and three children. I have been a member of the Zone 4 Flood
Control Board since about 2013, which covers the Belaire neighborhood and parts of the Strawberry district
immediately adjacent.....as well as the Cove Shopping Center and that section of Tiburon Blvd crossing
through the area....a vital link to the rest of Tiburon. .
I'd like to be considered for one of the vacancies on the Council. During recent meetings of the Zone 4 Board
that included County members of the Flood District, we've been discussing ways in which we could develop a
closer relationship with the Town of Tiburon. We are now engaged in designing and implementing a major
upgrade to the Cove pump station, and have contracted with a consulting firm to do a study of the East Creek-
that runs under Tiburon Blvd, which currently runs at capacity during King Tides and heavy rainfall, as
evidenced during this past rainy season.
We think it's time that the Town of Tiburon become more involved in our plans, in a permanently on-going
relationship, particularly in the light of our recent meetings on sea level rise held by the County. The Town
needs to know what we are planning, and how it may affect access to the Town of Tiburon. All of these efforts
arose from the Great Flood of 2014, and the lawsuit that followed (and settled by the County). .
I can be available at the Town's convenience for an interview, and a meeting with any of the Town's personnel
as it sees fit.
Thanks for your consideration,
John
Cell: 619-977-7341
i
LATE MAIL #
John Leszczynski
Application To Be Appointed To The Tiburon Town Council
My name is John Leszczynski. I've lived in Tiburon continuously since 1996, and currently
own a home and reside there at 318 Karen Way with my wife and three children.
I have been a member-of the Zone 4 Flood Control Board since 2012. Zone 4 covers the BelAll'e
neighborhood, parts of the Strawberry district immediately adjacent, as well as the Cove
Shopping Center. Most important,Tiburon Blvd, a vital link to the rest of the Tiburon Peninsula,
crosses Zone 4. .
We are now engaged in implementing a major upgrade to the Cove pump station. We have also
contracted with a consulting firm to do a study of the East Creek that runs under Tiburon Blvd.
All storm runoff in the area is channeled through East Creek, under Tiburon Blvd, on its way to
the bay.
The East Creek currently runs at capacity during King Tides and heavy rainfall, as evidenced
during this past rainy season . Continuing sea-level rise, and the effects of a warmer climate
bringing fewer, but more intense storms will increase the chances of East Creels overflowing
its banks in the near future, flooding Tiburon Blvd for longer periods of time.
The results of the planned upgrades to the pump station, in conjunction with whatever is
not effectively done to improve the carrying capacity of East Creek may not reduce
periodic flooding of the BelAire neighborhood, or Tiburon Blvd....and could in fact
increase it!
So, l think it's time that the Town of Tiburon become more involved with Flood Zone 4's plans
in a more formal, on-going relationship. The Town needs to know what the Marin County Flood
District is planning for us, and how it may affect access to the Town of Tiburon.
Therefore, I would like to be appointed to the Tiburon Town Council, and be Tiburon's official
voice at the Flood District's meetings, making sure our concerns are addressed. .
Thank you,
Charles Lynch
Lea Stefani
Tiburon Town Hall 1505 Tiburon Boulevard
Tiburon, CA 94920 April 30,2017
Dear Ms. Stefani;
I an interested in applying for appointment to one of the interim openings on the Tiburon
Town council. My wife and I have been residents of Tiburon for the past 28 years, both
as renters and home owners, and we raised both our children in this community. Their
success in life is attributable in large measure to the strength of our town in providing a
nurturing and extraordinary environment, and I now desire to contribute to the ongoing
positive evolution of our town.
My professional background is as a physician in solo practice in San Francisco.
believe that my experiences in communications and decision making with patients,
families, and colleagues has given me valuable expertise and insight into the careful
deliberative process necessary at the council meetings. During my career I have also
had the opportunity to serve on the board of an individual practice association in San
Francisco and San Mateo, as well as the board of the local Medicare contractor
managing quality oversight of all dialysis units in Northern California, Hawaii, and the
American Trust Territories. These activities have helped me hone administrative,
budgetary, and policy-making skills. In addition, I have successfully directed my own
small business practice for 27 yearsgainingextensive managerial and analytical
experience.
Locally I was active in the community for many years coaching local youth sports teams,
as well as participating as a parent in scouting troops (our son is an Eagle scout with
Tiburon's Troop 48, and our daughter a Gold Scout with the Girl Scouts). More recently I
was involved with the Tiburon Peninsula Emergency Services disaster preparedness
committee in organizing the community medical supply storeroom located at Del Mar
School campus_
Politically I am a non-partisan independent voter, and have no financial relationships or
disclosures regarding businesses operating within the town. My pastimes include avid
reading (we do enjoy a wonderful public library here in Tiburon), gardening (though in all
fairness, I am not very good at this), trail running and hiking on Ring Mountain, and I
have belonged to the St Stephen's church choir for 28 years. The choir rehearses on
Thursday evenings and would not interfere with the council's Wednesday meeting
schedule.
Thank you and the current council members for your thoughtful consideration. Please
call if you require any additional information.
Sincerely,
Charles Ted Lynch
345 Blackfield Dr Tiburon P 415-435-5632 C 415-203-3951 tccslynch@comcast.net
Melvyn Mark,
Lea Stefani
From: Melvyn Mark <mmark3535@outlook.com>
Sent: Monday, April 10, 2017 11:49 AM
To: Lea Stefani
Subject: Interim Town Council - Letter of Interest
Ms. Stefani,
I am available and interested in serving as an interim appointee to the
Tiburon Town Council. I would-not seek to be a candidate in the Fall election.
I retired from the active practice of law in December, 2015 after 56
years. My fields of expertise were taxation and real estate. After graduating from
Michigan Law School in 1959 with high honors, I entered the Attorney General's
Honors Program of the Department of Justice in Washington where I served under
Robert Kennedy. In 1963 1 joined the San Francisco Law firm.,of Pillsbury, Madison
and Sutro, and later was a partner in Titchell, Maltzman & Mark and then Feurzeig,
Mark & Chavin.
I have lived on Mar East Drive in Tiburon for 21 years. Previously I lived in
Kent Woodlands where I served as Chair of the Architectural Committee and
President of the Home Owner's Association. In July, 2016 1 was appointed to the
Marin County Civil Grand Jury and served until a conflict of interest arose that
caused me reluctantly to resign.
I am currently or have been the President and a director of the following
Non-Profit Foundations: The Herbst Foundation; The Olympic Club Foundation;
and the Edward M. Nagel Foundation.
Let me know if you would like an additional information.
Regards,
Melvyn I. Mark
2236 Mar East Drive
Tiburon, CA 994920
Brian McCullough
BRIAN McCULLOUGH _ -
1897 MAR WEST STREET
TIBURON, CA 94920
(415) 302-1367
brianmccullough(o)earthlink.net
May 5, 2017
Lea Stefani
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
Dear Lea:
I writing to you to express my-desire to fill one of the two vacancies on the Tiburon Town
Council. I had previously campaigned twice for this position. Given my most recent run in
2015, wherein I received 402 votes from the citizens of Tiburon, and took a third position in said
election, I was a little surprised that I was not approached by Tiburon officials to explore my
desire to automatically move into one of'the two current vacancies, which Erin Tollini and Frank
Doyle had vacated. I'm.one of the few candidates raised in Marin, which I feel is an important
qualification for the position. Also, I had served as a Volunteer Fireman on the Larkspur Fire
Department. It only make sense that I fill one of the vacancies, basically, being the next
candidate up for that position. That would be a true display of democracy - considering the
vacancies. In the past, I have made my desire to be be a part of the Town Council quite clear,
which is evidenced by my subsequent runs for the position.
I have previously outlined and campaigned for what I feel qualifies me for the position, as well
as my innovative ideas to improve the Town of Tiburon. My experience as a contractor, and my
expertise in the industry, enables me to have a hands on -grass roots approach of issues that
arise requiring this type of specialized knowledge. Also, my background running companies, as
well as my experience in the finance industry, would prove to be a valuable asset as a member
of the Town Council.
One of the issues that I would tackle is a transformation of Tiburon's downtown. As a previous
and initial General and Limited Partner of the Left Bank Restaurant in Larkspur, I was a part of a
team that started the transformation of downtown Larkspur, through bringing a quality, up scale
establishment to a lack luster downtown. The inclusion of the Left Bank has been the onset of
transforming Larkspur's downtown into the thriving place it is today. I have access to associates
in the restaurant industry that can be tapped into, who have proven success and creative ideas
in revitalizing areas, which I feel, Tiburon's downtown is in need of.
The Town of Tiburon has a 17 million dollar reserve, that I believe needs to be utilized to
improve conditions. To the credit of Town Council Members, I have seen great improvements
with the Town's implementation of beautiful landscaping. I have creative ideas to alleviate traffic
problems in Tiburon, which seems to be one of its greatest. When I campaigned in the 2015
election, I had presented viable solutions to alleviate the Traffic problems facing Tiburon. If I
was serving on the Town Council two years ago, some of my solutions would be underway and
in the process of completion, and Tiburon residents, as well as visitors and occasional workers
would be enjoying the benefits. One of the few ways to solve the traffic issue is to take a close
look at the current School Bus Stop points, and usage of the stop signs on said busses.
Specifically, the bus stop passed the 76 Union Gas Station, going South, where when the Stop
Sign on the side of the bus abruptly jets out. All traffic on both sides comes to a screeching halt.
I have personally witnessed many near accidents due to the abruptness of the Stop sign. It is
evident that children on the bus will not be crossing in the middle of the street in an unmarked
crosswalk, and therefore the necessity for the Stop Sign on the bus is basically moot. This adds
to major congestion and dangerous conditions. I also have a plan to reroute traffic, that makes
sense.
I would also address deep internal problem within the Public Works Department, where my
experience in the construction industry would prove to be invaluable. I am currently in the
process of dissolving my construction company, which would eliminate any potential conflicts of
interest. As a contractor, I have come across numerous Architects and Engineers who refuse to
work in Tiburon, because the process is extremely difficult. This is not productive to run a town
that is so difficult to work with that professionals refuse work in it, and the cost to our citizens to
build or make improvements is extreme, and grueling. The way the Building and Public Works
Departments are structured, there is no benefit to the citizens of Tiburon.
The above are just a few areas in which I will address if appointed.
I feel that creativity and ideas are generated by diversity...
Regards,
Brian J. McCullough
Angela McInerney
Angela McInerney
60 Mount Tiburon Road, Tiburon CA 94920.
angelamcinerney@mac.com 914-486-8398
Education
Boston University, School of Education, Boston MA 2001
Master of Arts in Teaching, Science Education
Magna cum Laude & Pi Lambda Theta
Grand Valley State University, Allendale MI 1997
Bachelor of Science, Health Sciences
Magna cum Laude
PADI Divemaster 2000
Experience
CEO McInerney Family 2003-present
Duties include, but are not limited to:
Manage household operations for three properties.
Budget and allocate appropriate expenditures.
Coordinate appointments, teams, classes, social engagements and
school activities.
Coordinate education curriculum.
Guide and oversee emotional development and counseling.
Supervise and manage multiple renovation projects-budget, design,
and contractors.
Chef and Nutritionist - research, plan, purchase and prepare meals.
Chauffeur - both local and long distance.
Nurse - manage daily care for minor cuts and abrasions.
Head of maintenance and repair.
Coordinate multiple moves across country.
Safe Routes to School Task Force 2016 - present
Team Leader, Bel Aire and Reed Schools.
Work with local officials, engineers, police, and schools to encourage and
educate students and parents. Work to create a healthy lifestyle for kids, safer
routes to school and a cleaner environment for everyone.
Westchester Children's Museum 2010 - 2013
"Museum Without Walls" Volunteer. Developed and implemented
curriculum.
South River Riverkeeper Alliance 2001- 2004
Volunteer. Developed and implemented curriculum.
High School Biology Teacher 2000 - 2003
Developed curriculum for Marine Biology and Human Anatomy & Physiology.
Reasons for Interest in joining Town Council:
I would like to join the Tiburon Town Council so that I can help preserve the
best of Tiburon while working to make it an even better place to live.
I think I would be an excellent representative on the Town Council. As.a
scientist, I was trained to study facts and research problems. As an educator, I
was taught to work with my team and to step back and listen as well as lead. I
am honest, hard working, dedicated, and a creative problem solver. I have a
passion for Tiburon and I would be honored to have the opportunity to serve on
Town Council
There are several reasons I would like to volunteer. First, becoming involved
on a local level means that I can directly help affect positive change in my
community. I can be close to the programs and people that I am working to
help, and I can see the direct results and efforts of our labor. I have had the
fortune to live in some pretty amazing places, but Tiburon takes the cake by far. I
am eager to invest my time and energy in our town and community.
Secondly, I think that the Tiburon Town Council could use some diversity
with both,age and gender. Tiburon is losing a great asset with Erin Tollini
relocating to the East Coast and I think at least one of the vacant seats should be
filled with another woman. In her book, "Broad Influence", Jay Newton Small
researched what happens when the percentage of women.in a group reaches a
critical mass (207. or more). Newton-Small found that when this happens, women
tend to be more collaborative, they look for win-win situations, and they listen.
Filling a vacant seat with a woman will ensure that Tiburon Town Council retains
the current 20% female ratio.
I am also interested in serving so that I can meet even more citizens of
Tiburon. Similar to how several current council members have met with me, I look
forward to meeting many different people who live in Tiburon. There are many
young families moving into town. More families means more impact on the
schools, roads, and traffic. There are challenges such as cost of living/ affordable
housing, transportation, and safety. Tiburon also has an aging population. How
can we assist the elderly and address their needs as well? These are just some of
the issues I look forward to meeting with people and working on.
I would like to join Town Council so that I can learn how the town
government works. For me, what started as an interest in bicycle and pedestrian
safety and education, has expanded into an interest and investment in what
happens in all sorts of different aspects of Tiburon government. When I am
involved and informed, I can better understand how all the departments are
connected and work with them to solve problems.
I would like to serve because Tiburon has some challenging issues that need
to be analyzed. I'm interested in emergency preparedness and making sure that
our community and resources are ready for a natural disaster or other
emergency. I would like to work with and address the environmental and climate
issues that we are facing. There are other issues such as McKegney field, utility
projects, housing development, open space conservation, as well as path and
trail mapping. I would love to see a vibrant downtown that encourages residents
to enjoy the area while respecting the near-by residential homes. I would like to
work on the long term planning and vision for Tiburon. I look forward to working
through Tiburon's problems as well ds embracing the things that bring us together
and make us a community such as Friday Nights on Main, the Farmer's Market,
Shoreline Park, Library and Blackie's Pasture events.
Thank you for taking the time to consider my application.
Sincerely,
Angela Mc Verney
Local Involvement:
Coordinated International Walk to School Day October 5, 2016
Worked with schools, law enforcement, and town officials to encourage
walking, biking, busing or car poling to school.
Significant increase in students biking to school on October 5, 2016
Normal bikes at reed -10 4 increased to 50
Normal bikes at Bel Aire M 25-35 4 increased to 100
Normal bikes at Del Mar -100 4 increased to 150
Developed comprehensive proposal for a sustainable and ongoing Bicycle,
Pedestrian, Motorist Safety Education Program Fall, 2016
Presented-to POST Commission November 29, 201-6
Working with POST Commission to further develop a sustainable, ongoing
bicycle, pedestrian, motorist safety education program Fall 2016- present
Developed an interactive presentation for Tiburon and Belvedere police chiefs
to present to Bel Aire Students February, 2017
Coordinating National Bike to School Day May 10, 2017
Working with schools to coordinate messaging and encourage and
educate students.
Reaching out.to local officials, police,.professional cyclists, and parents to
participate and support the event.
Coordinating volunteers and recruiting donations.
National Bike to School Day is May 10, we are expecting even more bikes
than in October.
Worked with RUSD to update district website
RUSD did not have all transportation options listed on the school website. I
worked with local web developer and the school web developer to add
safety information and resources to the website.
Working to develop route maps for Bel Aire School
Reached out to Police chiefs, engineers, DPW, and cycling and bicycle
experts to develop suggested routes.
Worked with Student Council to fill in gaps on steps, lanes and paths.
RUSD PTA member
Room Parent 2015-2016
Managed weekly class and PTA updates
Fulfilled 10-15 volunteer positions a week.
Coordinated class parties and end of year celebration.
Room Parent 2016-2017
Managed class and PTA updates
Coordinated class parties and end of year celebration.
Round Hill Road Safety Improvements
Worked with Town Officials, engineers, police and other parents to improve
safety for cyclists, pedestrians and motorists on Round Hill and Mount Tiburon
Road. We were able to stripe the road differently after the slurry seal, and
install botts' dots as well as a speed monitoring sign. Recently, two speed
advisement signs (Curves ahead, 20 MPH) were installed as a result of our
efforts.
Other Volunteer commitments:
RUSD schools:
Volunteer commitments change weekly. With three children, I try to get
into the classroom and support the students and teachers as much as
possible.
NARAL:
Co-sponsored movie screening in Tiburon, CA.
Indivisible:
Member of Tiburon Indivisible group.
Background:
There are people who pride themselves on how many generations their
family has lived somewhere. It is quite an accomplishment and it gives them a
depth of understanding and knowledge that can only be garnered from
decades of stories and experiences.
I take pride in that I have lived so many different places in my life. Growing
up in-the Mid West, I was raised in a family with solid family values. It can be
challenging and stressful to move, but it is also a chance to reboot and recreate.
Rather than my newness to Tiburon as a detriment, I see it as a positive. I can take
the lessons from past cities to create my best self, which happens to include a
new-interest-in-local politics.
I met my husband when we were in elementary school and we were best
friends all through school. We dated through college and upon graduation, I told
him that I would move anywhere with him, as long as it was West of the Mississippi.
Of course, West of the Mississippi really only meant two places: Colorado or
California. Nevertheless, our first city was Pittsburgh, Pennsylvania.
In Pittsburgh, I learned not to judge a book by the cover. I moved there
somewhat unwillingly, but I quickly embraced our quirky neighborhood. I really
enjoyed being able to.walk to work, restaurants and shops. l was shocked by the
number of trees and trails and I am forever grateful to the great people we met
while we were there.
After Pittsburgh we moved to Sydney, Australia. In addition to learning a
foreign language (G'day, mate), I learned a lot about being self sufficient, taking
care of others and caring for the environment. I also learned about loss and
heartache, as well as staying calm in dangerous situations.
Boston was a challenging city to live in. I learned a lot about being an
"outsider". As you may know, Boston is pretty infamous for being insular and
difficult to break into the community. I learned that it's much nicer to be
welcoming and friendly than cold and prickly. In addition, my professors
challenged me to let go of traditional teaching methods and to embrace a
progressive philosophy of education. As a teacher, it can be uncomfortable to
"give up control" to the students. However, when adults get out of the way,
students often show us just how incredibly capable they can be.
Annapolis, a charming city on the Chesapeake Bay, taught me about
history and the environment. The destruction of the famous oyster beds overtime
led to a decimation of the Chesapeake Bay ecosystem. I worked to educate
and advocate for oyster and Chesapeake Bay health. As a high school science
teacher I was tested by my drive to create and perfect my own content and
curriculum as well as conform to educational standards.
In Chicago I learned the strength of the human body and spirit. I was
challenged to discover my capacity to handle pain, stress, and sleep deprivation.
I also learned that asking for support and help is key to success in difficult
situations.
New York tested what our family values. With Hurricane Sandy on course to
destroy our community, I calmly evacuated knowing that absolutely everything
that was important to me.was in the car- our three healthy kids, my husband,
two dogs, and an emergency kit. We left behind family photos, computers,
videos, clothing, jewelry, art..."everything". Friends kept asking me "How could I
just leave the house and everything behind?" Perhaps it was easier to leave all
the physical "stuff" behind because a few years prior I had already done the hard
work of tackling my own mortality and determining what is important to me.
found that material possessions could be replaced, but family could not. In 2010 1
was diagnosed with thyroid cancer. It was frightening at first, but we found the
right doctors, support, and care. By 2011, 1 was, and still am, cancer free.
Last, and certainly not least, brings us to Tiburon. Tiburon's physical beauty is
obvious. Tiburon is truly the gem of Marin County, but what I think makes it truly
special and unique are the people that live and work here. I have met amazing
parents through the schools and sports teams: Through my advocacy work I have
met many interesting people who truly care about our community and the
people in it.
I find advocacy work very rewarding, and I admit that there have been
challenging times that have tested my resolve. Nevertheless, I find myself
returning to advocate because I think it is important to stand up for what is right
and to help those who don't have a voice. I have enjoyed working to affect
positive change and I hope that I am able to help even more by joining Tiburon
Town Council
Jack Ryan
Dear Ms. Stefani, -
Please consider me as an applicant for interim appointment to the Town Council. I believe I
have the skills, experience, and demeanor to contribute meaningfully as a Councilmember.
Tiburon is an amazing place, and my family and I have been fortunate to call it home for almost
seven years. Over that time, I have become more involved in progressively broader community-
related endeavors. Most recently, I have been active in spearheading the Hawthorne Terrace
utility undergrounding project and working as the program manager for the Yellow Bus
Challenge. In both cases, I have enjoyed dealing with a broad spectrum of constituencies and
solving problems for both individuals and groups. Moreover, these roles have given me the
opportunity to work with many impressive,.dedicated leaders from Town Staff, the Councils of
Tiburon and Belvedere, and the Reed Union School District. Their energy and insightfulness
have been inspiring.
With that experience as a backdrop, I am excited to help lead the The Town forward as a
Councilmember. I had originally anticipated running in November's election, but with the
resignation of two Couneilmembers, I am compelled to act now. The Council will face some
substantial challenges in the near future. Fortunately, one of my strengths is being thorough
and rigorous in mastering new subjects and situations in a relatively short timeframe. For
example, I had neither training nor experience in either utility undergrounding or school
transportation programs prior to my current projects. Now... go ahead, ask me anything!
Prior to my recent experience, I was a Managing Director and Head of Equity and Commodity
Derivatives Trading at Wells Fargo. All told,.I was derivatives trader and risk manager for
almost twenty years. The roles demanded and honed my ability to solve problems under ever-
changing information paradigms,particularly with respect to financial decisions. I am adept at
evaluating cost and benefit allocations, opportunity, and risk. I graduated from MIT in 1989 with
a bachelor of science degree in aeronautical engineering.
look forward to speaking more about the role and how 1 may fit it. Thank you for your
consideration.
Regards,
Jack Ryan
757 Hawthorne Dr.
415-652-5225
mercjfr@hotmail.com
Patrick Sherwood
Ms. Lea Stefani 8 May 2017
Town Clerk
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Dear Ms. Stefani,
I am writing to express my interest in filling one of the interim openings on the
Tiburon Town Council. It would be an honor to serve our Town and our citizens.
My family and I are quite fortunate: we have lived in and loved Tiburon for nearly
twelve years. That is why I have chosen to contribute my time and efforts to Town
boards, committees and task forces, all of whom seek to improve the quality of life
in Tiburon and Marin County. While my route to service on the Council might not be
the traditional one, I have considerable and relevant experience that will prove
valuable to the Town, including:
My service on the original Downtown Tiburon Revitalization (Marketing and
Communications) Task Force from its beginning, and at the invitation of the Town of
Tiburon. A thorough vetting was conducted. With my colleagues, I was honored to
receive a formal Commendation from the Town of Tiburon for this work;
My service as Board Secretary of its successor organization,
Destination:Tiburon. I invite you to inquire about the nature and degree of my
contribution to this important organization and initiative;
The central role I played with The Ranch (the Belvedere-Tiburon Joint
Recreation Department), as they sought to re-imagine their mission and relevance
in preparation for the opportunity presented by the move to Dairy Knoll;
Service on the Board of the Redwood High School Foundation;
Assistance to the Tiburon Art by the Bay organization in its infancy and
through to its successful, inaugural installations; and
Assisting The Tiburon Open Space Committee, in both a creative and
strategic capacity, in their mission to identify a viable path towards purchasing the
Martha Property.
The bulk of my professional life included work in the marketing, communication and
brand development space in a variety of strategic, creative and management roles.
I was fortunate to have partnered with and made contributions to scores of
successful businesses, brands and non-profits.
My last position was as North American CEO and Worldwide Board member
at D'Arcy, a then major global marketing, advertising, digital, public relations and
branding enterprise. I had responsibility for six offices, several thousand people, and
a major global client organization.
I was both a member and leader of teams that received virtually every major
U.S. award for creativity and marketplace effectiveness.
While living in Tiburon, I had the pleasure of opening a successful brand
development and communication business.
Atop my list of accomplishments and honors were my years as a junior- and
senior-high schoolteacher and coach. During my first year of teaching, I taught
English and Social Studies in a rural, Colorado town. My first 7" grade English class
sought me out six years later, pre-internet, and long after I'd morphed into an
advertising professional living in Los Angeles. The Senior Class President told me
that the seniors had taken a vote. She then asked me to return to be their high
school graduation speaker. To this day it represents a humbling, and once-in-a-
lifetime honor.
Finally, I was fortunate enough to have taught undergraduate classes while
earning my Masters degree at the University of Northern Colorado. Years later, I
was invited to return to campus to be the commencement speaker. Of course, I
was honored to do so.
Should the Town Council express interest in discussing my candidacy, I will
enthusiastically make myself available. Having said that, I will be away for
approximately ten days, departing on May 15"' to happily attend our daughter's
college graduation.
Thank you for your consideration.
Sincerely,
r
Patrick She d
1805 Lagoon View Drive
Tiburon, CA 94920
415.686.8908
Holli Thier
HOLLI P. TRIER, J.D.
Ms.Lea Stefani,Town Clerk April 20,2017
Tiburon"Town Hall
1505 Tiburon Boulevard
Tiburon,CA 94920
Dear Ms. Stefani:
Attached is my application,brief biography,and resume to fill one of the upcoming vacancies on the
Tiburon Town Council.
Imagine the opportunity to make the place you live better for everyone. Imagine working with a team of
dedicated volunteers and staff who are deeply committed to doing the same.
I would like to serve on the Town Council in order to work with existing Town Council members,
residents,and others to make Tiburon better for all who live here. Tiburon is an amazing place and I.feel
very fortunate to live herewith my two children. Asking for your appointment to the Town Council is my
way of trying to give back to and serve this community.
I have enjoyed my work on the Parks,Open,Space,and Trails Commission these past years immensely.
Being part of a Commission has allowed me to meet and to interact with many of our residents,town staff,
and stakeholders. I have seen very quiet issues and also very polarizing issues for our community, like the
recent proposal to cut down 42 trees on the South Knoll near McKegney Green. But throughout the more
controversial and less controversial issues,no matter what side a resident was on,I saw passion for what
they believe would make Tiburon a better place in.which to live.
I have also had the good fortune to work on the Ad Hoc Subcommittee on Bicycle,Pedestrian,and
Automobile Safety and Education. In that role,I have worked with our residents,the Town Staff Police
Department,outside organizations,and the Reed Union School District. We have held meetings,
workshops,and have looked at how the Town can enhance its pedestrian,bicycle,and automobile safety
and education. Volunteering my time last year to facilitate the very successful Building Forum was a true
highlight.
It is experiences like these that make me want to ask for this appointment and make me want to go deeper
and work more closely with the other Town Council members,staff,residents,and stakeholders to enact
public policy to improve the lives of our residents.
I have also held many volunteer roles for the Reed Union School District,die Foundation for Reed Schools,
including-serving on the Student Site Council,Regatta Auction Co-Chair,RUSD Superintendent's Facilities
Task Force(under Superintendant Herzog),Room Parent and many more.
1 am an attorney and 1 also own a construction management company that bids on heavy civil infrastructure
projects,including tunnels,dams,freeways,airports and similar projects. I have also worked in two City
Attorney's Offices and represented all departments, including,public works,planning,building inspection,
police, tire,and various boards and commissions.
These experiences combined with my legal knowledge and demonstrated work on behalf of Tiburon make
me a great candidate to serve on the Tiburon Town Council.
I ask for your support and I commit to always act in the best interests of Tiburon. Please feel free to
contact me with any questions at(415)407-4843.
Very Truly Yours,
ra. '7
�Holli P.Thier,
340 Blackfield Drive
Tiburon,CA
(4 15)407-4843
HOLLI P. THIER, J.D.
Brief Biography and Work History
For the past twenty-seven years, I have practiced law mostly in the San Francisco Bay
Area. I am a seasoned attorney with extensive experience handling land use,
administrative law,municipal law,real estate;trial work,appearances, depositions and
arguing motions, but who has also been fortunate to work as a mediator, as an arbitrator,
as an Administrative Law Judge, and as a Judge Pro "Tem for the San Francisco Superior
Court.
After graduating from Hastings College of the Law,I practiced complex commercial
business litigation for private firms for four years. During that time,I gained valuable
pre-trial,motion, discovery, arbitration and trial experience. I handled a variety of
cases/clients including the State of Alaska,financial institutions,real estate,businesses,
employment,construction,and successfully arbitrated a complex flooring/product
liability case.
During the next five years I learned municipal law at the Vallejo and San Francisco City
Attorney's Offices. I provided advice to City departments, conducted litigation, drafted
ordinances,resolutions,and opinions for the Town Council. I represented all of the
various departments and provided advice to the Commission. I worked on planning,
building,land use,real estate,employment/discrimination,environmental protection,
CEQA,contracts,constitutional law,property, civil rights,public utilities,garbage and
civil and criminal code enforcement, eminent domain, competitive bidding,and other
cases/issues. I successfully mediated a breach of a development and disposition
agreement case.for the Redevelopment Agency in which the City had multi-million dollar
exposure.
During my work on the San Francisco City Attorney's Code Enforcement Task Force,I
worked with neighborhood organizations,as well as,with the community press in order
to strengthen my legal cases by gathering news articles and declarations from
neighborhood residents. I then set up my own firm taking on land use,real estate,
administrative law,employment, discrimination,civil rights, environmental,property,
consumer protection, asbestos,and other cases. I also own a construction management
and public outreach company.
340 Blackfield Drive
Tiburon,CA
(415)W 4843
Hells P.Thief,J.D.
Cell Phone (415)407-4843 3749 Buchannan Street,Suite 475266
Email holiithier! ¢moil com San Francisco,CA 94147
QUALIFICATIONS
Trained Mediator/Arbitrator,Administrative Law Judge and Judge Pro Tem
Strategic trial lawyer from pre-trial through triaVsettlement
Record achievement in civil rights law cases
Spokesperson for variety of statewide and local cases/issues on television and on radio
WORK HISTORY
:'resident-law Ofj?ees of Pioilll. Thier,J.D.lThe 77iler Croup 1996-Present
Serve as a mediator,arbitrator,Administrative Law Judge,and as a Judge Pro Tem. Handle
administrative law cases,land use,real estate,civil rights law,consumer protection,
environmental,property,employment,discr'itnination,.asbestos,and general litigation cases.
Manage legal practice. Successfully litigate cases from pre-trial through trial/settlement.
Provide construction management,media and press relations.
Deputy City Attorney,San Francisco City Attorney's Office
1995-1996
Tried cases against property owners who failed to comply with City Regulations,as well as
provided legal counsel to local residents to close down crack houses and neighborhood
nuisances.Represented the City,paid County of San Francisco in-court and before the press as
a'member of the San Francisco City Attorney's Office Code Enforcement Task Force.
Performed media relations and community outreach for the San Francisco City Attorney's
Office Code Enforcement Task Force
Contract Deputy City AUorrrey,Vallejo City Atlorneyls OJj9ee
1991-1995
Represented the City and all agencies in court. Provided advice to the City Council and
various City departments,including the redevelopment agency,planning,transportation,
police,fire,the port,and public worksi Drafted ordinances and legislation. Successfully
mediated a redevelopment agency case in which the City had multi-million dollar exposure.
Handled environmental law cases. Successfully handled press relations for all cases.
Associate,Complex Business Litigation
7988-1997
Hosie,Wes,McLaughlin&Sacks(1990-1991)
Rosen,Wachtel&Gilbert(1989-90)
Kelley,Drye&Warren(Summer 1987 and 1988-1989)
EDUCATION
JD,University of California,Hastings College of the Law
Associate Managing Editor,Communications and Entertainment(COMM/ENT)Law Journal
BA,Political Science,BA,international Relations,University of California,Davis
Graduated Phi Beta Kappa,Phi Kappa Phi,and Pi Sigma Alpha Honor Societies
Graduated with Honors and Departmental Citations for Outstanding Achievement
INTERESTS &ACTIVITIES
Judge Pro Tem,San Francisco Superior Court
Volunteer Arbitrator/Mediator,Har Association of San Francisco 1990-Present
Member,Bar Association of San Francisco-ADR Section-Mediation and Arbitration Subsections
President,League of Women Voters of San Francisco 1999-2001
Larry Tint
Lea Stefani - -
From: Larry Tint <larry.tint@quantal.com>
Sent: Monday, April 10, 2017 6:22 PM
To: Lea Stefani
Subject: Tiburon Town Council vacancies
Dear Ms. Stefani,
I am interested-in-applying for one of the two temporary vacancies on the Tiburon Town
Council. By way of introduction, I am a registered voter and Tiburon resident. I purchased my
first home here in 1977, and now live at 123 Sugarloaf Drive. I intend to continue to reside here as
long as I am physically able to do so. I would very much like to be part of the continuing efforts to
keep Tiburon such a desirable place to live.
As for my professional background, I am the retired US CEO of Barclay's Global Investors, now part
of Blackrock, which was, at the time I was CEO, the largest investment management firm in the
world. Prior to that I was President of Sharpe-Tint, a money management and consulting firm that
I formed with Nobel Laureate William F. Sharpe. I received my B.A. from Have rford College and
my M.B.A. from Wharton. I believe that my finance background will enable me to draw on the
information base necessary to deal with the financial issues the town is sure to confront.
On the personal side, I live with my wife of 35 years (as of this October) Elaine, and one of our
three children, David. My other son Michael lives in Washington D.C., and my daughter Beth lives
in Portland, OR. In the past, I was president of my Focal homeowners association in Malibu, CA,
and while there spearheaded the successful drive for new roads, gas lines and water mains for our
area, greatly increasing the desirability and property values there.
Please let me know if you need any additional information or if there is anything else l need to do
to apply. I would also appreciate your letting me know the process of selection following the
deadline for receipt of applications for appointment. I am currently planning to be on
international travel from May 15 through May 26, so I would like to schedule any interviews as
soon as possible.
Thank you.
Sincerely,
Larry Tint
t
Karol Towns
Lea Stefani
From: Karol Towns <karol@karoltowns.com>
Sent: Monday, May 08, 2017 9:42 PM
To: Lea Stefani
Subject: Tiburon Town Council
Attachments: Karol Towns CV.docx
Dear Ms. Stefani:
I would like to submit an application for one of the openings on the Tiburon Town Council. I am a
registered voter and reside in Tiburon. I have been an active member of my community for the past 11
years and would welcome an opportunity to give back to the town that has given so much to me and my
family.
I have attached my CV for your review. Please let me know if you have any questions.
Thank you
Karol Towns
i
Karol E. Towns
647 Hilary Drive,Tiburon,CA 94920- karol@karoltowns.com
EXPERIENCE
Communications Chair Board Member
Redwood High School Foundation (2015—present)
• Communicate to the community via newsletter how the Board is allocating funds
• Work with Board Members to determine messaging and positioning
• Attend Board meetings and volunteer at events to support both community outreach and fundraising events
Active Member of St. Hilary School (2009—present)
2010—2015•Catholic Youth Organization (CYO) Board Member
• Create, market and distribute CYO merchandise for fundraising
• Organize, staff and oversee the annual fundraiser to benefit CYO children's youth athletic program
• Serve as a liaison between the Archdiocese of San Francisco and the CYO Athletic Coaches
2013: 501h Anniversary Reunion Weekend Co-Chair
• End-to-end management of local marketing and community outreach thru print and digital media
• Ideated and coordinated a Blackie's "Fun Run" including securing underwriting corporate sponsors
• Budget management across expenses and revenues to ensure net profit(fundraising)outcome
• Supervised staff at all events, and coordinated with different constituent groups to ensure awareness,
participation and post-event feedback
2009:Annual Auction Co-Chair
• Communicated all aspects of the event to the community both online and in print
• Oversaw and managed budget to ensure that objectives were successfully met
• Developed and managed every aspect of event including catering,audio/visual, party equipment rentals,
professional auctioneer and event staffing and close-out
• Collaborated with auction co-chairs to enhance the vision and ensure proper event logistics
Co-Chair of Rebuild Sycamore Park
Sycamore Park, Mill Valley, CA (2006)
• Served as fundraising co-chair to raise money to rebuild the Sycamore Park Playground located in Mill Valley
• Secured corporate sponsors to help underwrite cost of the rebuild
• Solicited, engaged and managed local vendors for both donations and underwriting for the park rebuild project
• Organized and coordinated fundraisers, including painted tiles and pavers sponsorship opportunities
EDUCATION
University of Michigan
Bachelor of Arts, 1986
PERSONAL
Married with two boys and living in Tiburon, CA. Children attend St. Hilary School and Redwood High School
Traveling, cooking, hiking, collecting modern art and contributing to my community
Stephen Wan at
Lea Stefani
Tiburon Town Hall
Tiburon, CA
Re- Town Council Vacancy
Dear Lea Stefani:
I would like to be considered for one of the vacancies on the Town Council.
I am a 40 year resident of Tiburon. I am a retired urban planner and have
experience in development, environmental issues and traffic issues.
I think I could contribute to the decision making process that the Town Council
is involved in. I have taught urban planning and architecture at university level
and have worked for large and small-firms and as a consultant in the US and
overseas.
As a retired professional I would have the time to study the issues before the
Council. I will be out of town in May until the 19th and would be available for an
interview anytime after that.
Yours truly,
L
Stephen Wana
1811 Mar West Street
Tiburon
Phone: 415.435.1651
1
Daren Wein
Lea Stefani
From: Daren Wein <daren@panoramalegalconsulting.com>
Sent: Monday, May 08, 2017 4:46 PM
To: Lea Stefani
Subject: Application for Tiburon Town Council appointment
Attachments: DarenWeinProfile.pdf
Lea:
It was a pleasure meeting you at the window at Town Hall last week. Thank you for your time and guidance regarding
the appointment process for the vacant Town Council positions. I have wrestled with the idea of throwing my hat into
the ring this past week in large part because my life is very busy(as are most people's).-I-greatly respect the time and
effort that a position on the Council requires and would want to give it my best effort if selected. Having consulted my
wife and family regarding time commitments and scheduling, I now submit my name to be considered for one of the
vacant Town Council appointments
Who am I?
My name is Daren Wein. I am a 10-year resident of Tiburon having moved to the Bel Aire neighborhood almost a
decade ago to the day. My wife and I live here with our 3 daughters(ages 12, 10,4). The two oldest girls attend Del Mar
and-Bel Aire schools. The youngest will start Reed in Fall 2018. We have been active participants in Foundation efforts
since they began school.
What is my background?
was raised in Los Gatos, California, which is in many respects,a cousin to Tiburon in demographic,size,culture and
feel. I attended UCLA for undergraduate school and Pepperdine and the University of Washington for law school. I
practiced as a tax attorney for 5 years before leaving the law to become a recruiter for law firm partners. Until 2+years
ago, I was a partner in an international legal consulting/recruitment company. However, in late 2014, 1 launched my
own recruitment/consultancy company which I run out of offices in Larkspur. I travel about a week every two months
but am otherwise able to run my business from the Bay Area.
What have I done within the community?
I have been active in the community on various fronts for years. I am a long-time Tiburon.Peninsula Soccer Club Coach
and former coordinator. I regularly volunteer with Reed School District and serve on the Operations Committee at the
Tiburon Peninsula Club where we are members. Within the Bel Aire neighborhood,I have been very active on various
issues over the years including how The Cove Shopping Center buildout affects the neighborhood. Indeed,a funny
example of my involvement occurred late last year when, unsolicited, I received architectural drawing and permit
documents regarding the Round Table Pizza operational permit request from Scott Anderson,the Town's Director of
Community Outreach. The documents were addressed to me as the President of the Bel Aire Neighborhood
Association. To be clear, no such official association exists and I am certainly not its elected President! When I spoke to
Scott and asked why he sent me the documents, he replied that I had been involved in enough previous iterations of Bel
Aire focused matters that he figured if he sent it to me, it would be properly routed to the neighborhood. He was right
and the neighborhood turned out in force to speak its mind regarding the proposed move. I give this to illustrate my
continued interest and interaction with the Town on community issues of significance.
Why am I interested in the vacant Town Council seat?
First and foremost, I love the Town of Tiburon and I want to serve it. Like most who live here, I find myself taking breath
rather often and thinking how fortunate I am to live here-not just because of the natural beauty, but because of the
way the town produces a feeling of community that is rarely replicated elsewhere. I know that result does not just
magically occur and I would like to continue helping to make it happen .
1
What do I believe?
• 1 believe that local government should continually strive to address the granular issues that immediately affect
people's daily lives. I want local government to address immediate concerns and not for larger political matters
that are often better handled at different levels of government.
I believe that local governments must be highly fiscally responsible.
• 1 believe that the Council would continue to benefit from the perspective of a parent with children in the Reed
School Disrict as that is a descriptor of a large portion of the Town population.
• 1 believe that the CalTrans NB 101 traffic issue is potentially a major quality of life problem if it is not handled
well in the near term
• 1 believe there is occasionally a bias within the Town to view Town issues from an epicenter model(closest to
the Village) and that areas like Bel Aire, Belveron, Paradise Cay occasionally suffer as a result.
Please see the attached PDF for my Linkedln resume.
If you have any questions, please do not,hesitate to contact me.
Regards,
-Daren
PANORAMA
LE(3AI- CONS tiIJING
Daren G. Wein
PANORAMA LEGAL CONSULTING
2200 LARKSPUR LANDING CIRCLE,SUITE 102
LARKSPUR,CA 94939
DAREN@PANORAMALEGALCONSULTING.COM
TELEPHONE:415-756-2824(MOBILE)
415-398-0797(OFFICE)
2
Daren Wein
Founder at Panorama Legal Consulting
Jaren(a�p�u�orarrlalegalcoa�sulting.coni
Summary
N/A
Experience
Founder
September 2014 - Present
My recruiting practice focuses on the Am Law 50 lateral law firm partner market in California,New York
and Washington, DC with an emphasis on corporate transactional,complex litigation and intellectual property
practices . Upon request, I have helped long-standing clients with whom I have deep relationships hire
abroad in Asia and England. I believe that high level partners move only when the opportunity AND the
timing are right. I launched Panorama Legal to help candidates and clients alike in their efforts to expand
their view'of the market so that career defining decisions can be better made.
Shareholder/Legal Recruiting at Mlegal Consulting
January 2010 - August 2014 (4 years 7 months)
Daren Wein focuses his practice on the law firm.market in Northern California. In addition,Daren regularly
works on specific search projects for law firms and companies, on a retained basis, in other markets
including Southern California, London and China.
A Silicon Valley native, Daren practiced as a tax attorney for nearly five years prior to becoming a legal
recruiter. A recognized expert in the attorney search process, Daren lectures to organizations about the
changing legal market. He utilizes both his long-established contacts with the decision makers at firms and
companies across the Bay Area and deep Mlegal relationships to gain otherwise unavailable access for his
candidates.
Senior Consultant at Mlegal Consulting
2004 - 2009 (5 years)
Associate at Nossaman, Guthner, Knox & Elliott, LLP .
2000 - 2002 (2 years)
Tax/Real Estate Associate
Associate at Berliner Cohen
1998 - 2000 (2 years)
Tax Associate
Page 1
Education
University of Washington School of Law
LLM, Tax, 1997 - 1998
Pepperdine University School of Law
JD,Law, 1994 - 1997
University of California,Los Angeles
Bachelor of Arts (B.A.), History, 1989 - 1993
Menlo School
Page 2
Daren Wein
Founder at Panorama Legal Consulting
daren( panoramalega.lconsultill g.Will
Uenked�
Contact Daren on Linkedln
Page 3
Jon Welner
JON WELNER
24 JUNO ROAD • TIBURON, CA 94920
jwelner@jmbm.com
May 8, 2017
VIA E-MAIL
Lea Stefani
Town of Tiburon
Town Clerk
1505 Tiburon Boulevard
Tiburon CA 94920
E-Mail: lstefani@townoftiburon.org
Re: . Letter of Interest for Interim Appointment to Town Council
Dear Mayor and Town Council:
I hereby submit this"letter of interest for an'interim appointment to the Town Council.
My wife Pamela and I have lived in our home in Belveron East since 2003. In that time,
our little family of three has grown into a family of six. -We now have three beautiful children—
our sixteen-year-old girl Mira; twelve-year-old boy Benjamin; and nine-year-old girl Naomi=–
and our sweet dog Pasta. All of our best memories have happened here in the Town of Tiburon.
We feel great love for this community, and I am therefore seeking an opportunity to "give back"
to this wonderful town.
As you may know, I have served on the Town's Planning Commission since 2012,
including one year as its Chair. In that time, I have become familiar with this Town's very
special culture. The Town's residents are a wonderful community of citizens who care about
each other and the Town. We resolve disagreements with civility and respect,and share a deep
love for the physical beauty of our surroundings, and the "village atmosphere"of our town. My
,primary goal as a member-of the Town Council would be to preserve these wonderful qualities of
our town, while serving the needs of its residents.
Here is a brief description of my qualifications for a position on the Town Council.
Professional Experience
I am an environmental and land use lawyer who has been practicing law for 22 years. I
am a partner at the law firm Jeffer Mangels Butler and Mitchell, LLP in San Francisco. In my
daily work, I represent private companies, local governments, and nonprofits in addressing the
complex regulations governing environmental and land use issues in California. (My
biographical summary is attached.)
Lea Stefani
May 8, 2017
Page 2
1 believe that my professional experience would be very helpful as a member of the Town
Council. Over the years, I have become familiar with many of the public policy issues faced by
communities like Tiburon. I understand and can work closely with the many of the state and
regional governmental bodies that affect our Town's well-being. I am a problem solver—both
personally and professionally—and would be delighted to put these skills to use for the benefit of
our Town.
Commitment to Public Service
I have been devoted to public service my entire adult life. In my early career, I worked
for several governmental and nonprofit organizations, including World Wildlife Fund in
Washington, DC; and the California Natural Resources Agency in Sacramento, California. I
regularly serve on numerous boards and committees of nonprofit organizations. These include:
Current organizations
• Board cf Directors, Osher Marin Jewish Community Center, San Rafael.
• Board of Directors,John Gardner Fellowship Association.
• AdvisoryBoard, Stanford-in-Government.
• Executive Committee Member and former Chair,Environmental Law Section,
Bar Association of San Francisco.
• Executive Committee Member,Environmental Law Section, California State Bar.
Former organizations
• Board member, Congregation Rodef Sholom, San Rafael.
• Board member, Cystic Fibrosis Foundation,Northern California Chapter.
• Board member, San Francisco Museum of Craft and Folk Art.
Commitment to the Town
My family and I spend virtually every weekend playing in Tiburon. We ride our bikes on
the Old Rail Trail; have coffee at Caffe Acri; enjoy pizza at Waypoint; and catch movies at the
Tiburon Playhouse. We are Tiburon residents,through-and-through.
Since 2012, 1 have served on the Town's Planning.Commission, and spent one year as
Chair. I have worked hard and believe that I have made a positive contribution to the Town. In
addition, I have learned a great deal about the policy issues facing our community, and the
deliberate and respectful process that is needed to address the sometimes difficult questions that
are brought before us.
I am eager to apply these lessons and skills to the bigger challenge of serving on the
Town Council.
Lea Stefani
May 8,2417
Page 3
Conclusion
I respectfully ask you to consider my candidacy for an interim appointment to the
Tiburon Town Council.
Sincerely,
i
Jon Welner
Attachment
p
Jon Welner �__
yy i
Partner
!
JWelner@jmbm.com i
i
2 Embarcadero Center !
5th Floor s
San Francisco, California 94111 '
Direct:415.984.9656
Main:415.398.8080 !
Fax:800.538.2541
........__._...._............._._...... ------------__,
Main: 310.203.8080
Biography
Environmental Law, Energy, and Land Use
Jon Welner is a leading practitioner of environmental and natural resource law in California. Jon represents clients in all
areas of environmental, natural resource, and land use law. His practice includes the regulation of air,water,hazardous
substances, hazardous waste, radiological materials, contaminated properties("Brownfields"), power plants,oil and gas
facilities, coastal development, endangered species and other natural resources, as well as matters involving CEQA and
NEPA(environmental impact reports/studies),the Williamson Act(farmland preservation), OSHA/Cal-OSHA(workplace
safety), and Prop 65 (chemicals in products).
Jon has special expertise on the siting of power plants in California and proceedings before the California Energy
Commission.
Jon represents clients in both administrative and judicial proceedings, including matters before the California Air
Resources Board (CARB)and Air Districts, the State and Regional Water Boards, the California Department of Toxic
Substances Control, the California Department of Public Health,the California Department of Conservation,the California
Public Utilities Commission, the California Energy Commission,the California Coastal Commission, the San Francisco
Bay Area Conservation and Development Commission(BCDC),the State Lands Commission, U.S. EPA, the U.S.Army
Corps of Engineers, the U.S. Nuclear Regulatory Commission, local governments, and other agencies.
Jon's clients include project developers, land owners, solar companies, mining companies, concrete suppliers,oil and gas
companies, hotels and hospitality companies,water utilities, automobile manufacturers, chemical manufacturers,
biotechnology companies, modular building manufacturers, scrap metal recyclers, hazardous waste and solid waste
landfills, local governments, and nonprofit organizations.
Jon is frequently called upon by the media to comment on environmental and natural resource topics. He is a member and
former Chair of the Planning Commission of the Town of Tiburon, California, and has previously served as a senior official
Los Angeles Orange County San Francisco
1900 Avenue of the Stars,7th Floor 3 Park Plaza,Suite 1100 Two Embarcadero Center,5th Floor
Los Angeles.California 90067 Irvine,California 92614 San Francisco.California 94111
Phone:310.203.8080 Phone:949.623.7200 Phone415.398.8080
Fax:310.203.0567 Fax 949.623.7202 Fax:415.398 5584
i
Y
■
Jon Welner
at the California Natural Resources Agency.
Prevailing Wage
Jon is the Chair of JMBM's Prevailing Wage Practice Group.He is recognized_as one of the foremost practitioners in the
State, and is frequently involved in complex and groundbreaking cases on behalf of developers, contractors,and
manufacturers.
Jon represents employers in proceedings before the California Department of Industrial Relations and the Labor
Commissioner, including public works determinations and appeals of Civil Wage and Penalty Assessments (CWPAs). He
defends clients in high-stakes prevailing wage litigation. He also represents clients on matters involving federal prevailing
wages (Davis-Bacon), and in the negotiation and operation of Project Labor Agreements(PLAs).
Jon frequently speaks and writes on prevailing wage topics. He is the principal advisor on'prevailing wage matters for the
California Construction and Industrial Materials.Association (CaICIMA), and has prepared a Prevailing Wage Compliance
Checklist for California concrete producers.
Jon also publishes WELNER ON WAGES, a series of articles on Linkedin about current developments in prevailing wage
law.
Education
• J.D., Stanford Law School, 1995
• Class Marshal, 1995.
• President, Environmental Law Society, 1994-5.
• Associate Editor, Stanford Law Review, 1993-95.
• A.B., with Distinction, Political Science, Stanford University, 1989
• Phi Beta Kappa, 1989.
• John Gardner Fellow, 1989
• Chair, Stanford-in-Government, 1988-89
• Harry S. Truman Scholar, 1987
Practices
Environmental
Los An Orange County San Francisco
1900 Avenue of the Stars,7th Floor 3 Park Plaza,Suite 1100 Two Embarcadero Center,5th Floor
Los Angeles,California 90067 Irvine,California 92614 San Francisco,California 94111
Phone 310.203.8080 Phone:949.623.7200 Phone:415.398.8080
Fax:310.203.0567 Fax:949.623.7202 Fax:415.398.5584
l♦
3D
Jon Weiner
• Global Hospitality Group®
• Government
• Labor& Employment
• Land Use
• Natural Resources& Mining
• Prevailing Wage
• Real Estate
• Renewable Energy/Climate Change
Industries
• Construction
• Construction&Building Materials
• Energy
Oil, Gas&Geothermal
Bar Admissions
• State Bar of California
Associations
• Executive Committee Member and former Chair, Environmental Law Section, Bar Association of San Francisco
• Executive Committee, Environmental Law Section, California State Bar
• Board of Directors, Osher Marin Jewish Community Center
• Board of Directors, John Gardner Fellowship Association
• Advisory Board, Stanford-in-Government
• Formerly served on the Boards of the following institutions:
Congregation Rodef Sholom(San Rafael).
• Cystic Fibrosis Foundation, Northern California Chapter.
• San Francisco Museum of Craft and Folk Art.
Awards & Recognition
• Martindale-Hubbell Peer Review,AV Preeminent Rating
• Avvo, Superb Rating
• Recognized as one of The Best Lawyers in America®for 2016&2017
Blogs
• Double Deja Vu:AB 219 is Reinstated!
• Deja Vu: Court Overturns AB 219... Again!
■ Beginning of the End for Davis-Bacon?
Los Angeles Orange County San Francisco
1900 Avenue of the Stars,7th Floor 3 Park Plaza,Suite 1100 Two Embarcadero Center,5th Floor
Los Angeles.California 90067 frvine,California 92614 San Francisco,California 94111
Phone:310.203.8080 Phone:949.623.7200 Phone:415.398.8080
Fax:310.203.0567 Fax:949.623.7202 Fax:415.398.5584
R
Jon Welner
• Reversal of Fortune:AB 219 is Back!
• How to Buy a Hotel Handbook—Hotel Lawyers Announce New Book Release
Speaking Engagements
• Environmental Law Section of the SF Bar Association:The New Air Permit Regulations for the Bay Area:What Every
Air Lawyer(or Would-Be-Air-Lawyer) Should Know
• Select Conference on Industry Litigation: New Developments in California Prevailing Wage Law
• Annual State Bar Environmental Law Conference: The Emerging Importance of Methane in Greenhouse Gas
Regulation
• CaICIMA: Prevailing Wage Workshop (Southern California)
• CaICIMA: Prevailing Wage Workshop (Northern California)
Articles
-How many millions could "Prevailing Wage"cost your hotel?
■ CaICIMA'Checklist'for Compliance with AB 219: New Prevailing Wage Requirements for Concrete Suppliers
• California Current: Guest Juice:Ag Elbows Renewables
• Land Use Law Update: BCDC Approves New Schedule for Finalizing and Adopting Climate Change Amendment to
the SF Bay Plan
• Electric Light&Power: Paved With Good Intentions
Media Mentions
• Daily Journal: Utilities Attorneys Say Recent Cap-and-Trade Decision Reduces Much Uncertainty
• Marin Independent Journal: Marinwood Plaza analysis finds no toxic risk to wells,creek; ranchers unassuaged
• Clean Energy Report: Reliability, GHGs Emerge In Debate Over Tabling Of Power Plant Application
• The Ark: Commission:Tiburon ban on retail pot dispensaries would be premature
• Daily Journal: High Court Preserves Greenhouse Gas Regulations
Press Releases
• JMBM Attorneys Recognized as 2017 Best Lawyers in America®
• Best Lawyers in America®2016 Recognizes 17 JMBM Attorneys
• JMBM Named 2015"Top Ranked Law Firm"by Martindale-Hubbell®
• Jon Welner, Environmental Partner at Jeffer Mangels Butler& Mitchell LLP, is Elected Chair of the Planning
Commission for the Town of Tiburon
• Jon Welner, Environmental Partner at Jeffer Mangels Butler& Mitchell LLP, is Elected to the Executive Committee of
the California State Bar Environmental Law Section
Los Angeles Orange County San Francisco
1900 Avenue of the Stars,7th Floor 3 Park Plaza,Suite 1100 Two Embarcadero Center,5th Floor
Los Angeles,California 90067 Irvine,California 92614 San Francisco,California 94111
Phone:310.203.8080 Phone:949.623.7200 Phone:415.398.8080
Fax 310 203.0567 Fax:949.623.7202 Fax:415.398.5584
Lea Stefani
From: Greg Chanis
Sent: Friday, June 09, 2017 7:27 AM
To: Greg Chanis
Cc: Lea Stefani
Subject: FW: Please count my support :Jack Ryan for Town Council
Mayor and Councilmembers
Please find email below regarding future Council appointments.
Regards
Greg
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
From: Elena Stephens [rnailto:elenastephens522@EM,� L I
Sent: Friday,lune 9, 2017 6:30 AM
To: Greg Chanis<gchanisntownoftiburon.org>
Subject: Please count my support :Jack Ryan for Town Council
Dear Town Council of Tiburon,
Please count my support and I ask you to select Mr. Jack Ryan to assume an open Town Council
position. Jack would be an effective addition to the Council.
Jack has an unusual ability to dig deep into financial analysis and present budget options in very
simple terms. His insights would be an invaluable resource to assist the Council in making complex
financial decisions.
His financial expertise is complimented by his ability to negotiate with a wide range of
personalities. He has many years experience in negotiating programs from mega dollars at Wells
Fargo to local dollars for our Yellow Bus program.
Most importantly, Jack truly has his heart in making Tiburon's community the best that it can be.
Thank you for your consideration of Jack Ryan for Town Council.
Best,
Elena Stephens 1117
687 Hawthorne Drive, Tiburon EXHIBIT NO._____,_
i
Lea Stefani
From: Greg Chanis
Sent: Friday,June 09, 2017 3:39 PM
To: Greg Chanis
Cc: Lea Stefani
Subject: FW:Jack Ryan for Town Council
Councilmembers,
Please find email below related to Council appointment process.
Greg
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
From: Karina Houghton [mailto:I<arina.houghton@gmail.com)
Sent: Friday,June 9, 2017 12:03 PM
To: Greg Chanis<gchanis@townoftiburon.org>
Subject:lack Ryan for Town Council
Dear Tiburon Town Council:
I am writing today to express my support for Jack Ryan as Town Council.
I first met Jack Ryan about two years ago and have had the pleasure of getting to Know him because he lives in our
neighborhood and walks his children to the bus stop near our house each morning. I had a very good feeling about Jack from
our initial meeting. What stood out was his passion and enthusiasm during our discussions on how we can make Tiburon a
better community for our families. He is a very passionate about doing what is best for the people of Tiburon.
Jack is ceaselessly coming up with ideas that would make Tiburon a safer and a more desirable place for residents and visitors
to enjoy. He is eloquent, with a calm and gentle demeanor, hard working and a leader by nature.
His honesty, experience, pragmatism, and insight into our community's needs, combined with his willingness to examine the
issues and listen closely, all set Jack apart from others. It would be difficult to find a more hardworking and dedicated person
at work for the Tiburon community.
Sincerely,
Karina
Karina Pergament Houghton
415 203 4300(US)
karina.11OLIPMonn�gmail.com
1
Lea Stefani
From: Greg Chanis
Sent: Friday, June 09, 2017 3:41 PM
To: Greg Chanis
Cc: Lea Stefani
Subject: FW:Jack Ryan would be an OUTSTANDING addition to the Town Council
Mayor and Councilmembers,
Please find below another email related to Council appointments
G reg
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
From: Casey Mancl [mai1to:mrsrnanc10q gmnil.corn]
Sent: Friday,lune 9, 2017 2:38 PM
To:Greg Chanis<gchanis@ ownoftJburon.orrg>
Subject:Jack Ryan would be an OUTSTANDING addition to the Town Council
Dear Town Council,
I am writing today to voice my support for Jack Ryan. I know him to be an honest, fair and openminded individual. I
know Jack and his family personally as well as through our Hawthorne Terrace Neighborhood group and the Yellow Bus
Challenge. Jack is a person who will show up and give his all to something he feels strongly about. He is also very good
at working with people,young and old, and of differing opinions. He loves Tiburon and would make a wonderful
member of the Town Council
Sincerely,
Casey Mancl
693 Hawthorne Dr.
Tiburon
1
Lea Stefani
From: Greg Chanis
Sent: Wednesday,June 14, 2017 8:54 AM
To: Greg Chanis
Cc: Lea Stefani; Stock, Benjamin L.
Subject: FW: Letter of Support for Candidacy of Jack Ryan for Town Council
Mayor and Councilmembers,
Please see below an email related to the Council appointment process.
G reg
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
From: David King [mailto:c�l<in6�3( ir�ail.com]
Sent:Wednesday,June 14, 2017 8:50 AM
To: Greg Chanis<gchanis@townoftiburon.or >
Subject: Letter of Support for Candidacy of Jack Ryan for Town Council
Dear Tiburon Town Council,
We are writing to express our support for the candidacy of Jack Ryan for one of the open Town Council seats. Jack
would be a hard-working, smart, and collegial member of the Council.
Jack and his wife Sara are our next door neighbors on Hawthorne Drive. We consider ourselves lucky to live next to such
great people, as they are continuously looking for ways to improve our community. Three examples stand out.
First, as you are aware,Jack helped spearhead the Yellow-Bus Challenge. His efforts have resulted in a significant
improvement in the quality of life for all of those living on the Peninsula. We appreciate the manner in which he
continues to focus on making the system work even better for parents and students.
Jack's diligence has also been evident in the work he has done to lead efforts to underground the utility poles in our
neighborhood. This has been a time-consuming and complicated process, but Jack's persistence and patience has kept
the project on track. His experience from his years in business and as an MIT graduate have made him the perfect
manager for this initiative.
Finally, the Ryan's have hosted numerous events on behalf of our neighborhood,from gatherings of homeowners to an
annual Halloween party with a food truck. Through these big events and in small ways,Jack is a helpful and cooperative
neighbor,who cares about bringing people together.
Jack would be a great asset to the Council and the Town, and we enthusiastically endorse his candidacy!
David King and Sarah Wilson
735 Hawthorne Drive
2
TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard June 21,2017
Tiburon, CA 94920 Agenda Item:
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Public Works
Subject: Recommendation to Approve a Resolution Continuing the Cypress Hollow
Lighting & Landscaping District Assessment for FY 2017/18
Reviewed By:
BACKGROUND
In 1998, the residents of Cypress Hollow petitioned and received approval from the Local
Agency Formation Commission for annexation from unincorporated Marin County into the
Tiburon Town Limits. Since 1990, the County of Marin had maintained and operated a
Landscaping and Lighting District in Cypress Hollow.
In 1998, the Tiburon Town Council and the Marin County Board of Supervisors passed a joint
resolution transferring jurisdiction of the Cypress Hollow Landscape and Lighting District to the
Town of Tiburon. The resolution also transferred the financial resources and documentation
associated with operation, maintenance and funding to the Town.
Based on this resolution, the Town of Tiburon has maintenance responsibility for:
1. The 25 foot sanitary sewer easement landscape and irrigation on the east boundary;
2. Entry landscaping and the 30 foot storm drainage easement on the southwesterly
boundary and irrigation system; and
3. Ownership and maintenance of the park site.
Since 1998, the Town of Tiburon has continued the operation and maintenance activities of the
Cypress Hollow Landscaping and Lighting District and assessed the residents the cost thereof.
ANALYSIS
The California Streets and Highways Code requires the Town to publicly notice the affected
residents annually in order to continue the Landscaping and Lighting Assessment District. The
Town must provide the residents an opportunity to submit either written or oral protests. On April
27, 2017, the residents of Cypress Hollow were sent a notice of this evening's public hearing via
U.S. Mail. As of the writing of this report, the Town has not received any inquiries on the
proposed assessment. There is no change in the amount of the assessment since incorporation,
which is $378 per year.
TOWN OF TIBURON PAGE 1 OF 3
Council Vtccting
]utic 21,20'1.7
FINANCIAL IMPACT
The Cypress Hollow Landscape and Lighting District generates about $16,632 per year.
The table below shows past year expenditures and the budget for next year.
Cypress Hollow Expenditures
2013/14 2014/15 2015/16 2016/17 2017/18
Actual Actual Actual Estimated Budgeted
Contractual Services (Cost Recovery) $14,000 $14,000 $14,000 $14,000 $14,000
Landscape Grounds & Materials $80 $6,450 $537 $6,185 $1,500
Water-MMWD $1,659 $1918 $837 $519 $1,000
TOTAL DEPARTMENT $16,739 1 $22,368 1 $15,374 $20,704 $16,500
Note that there is a small surplus in most years. This has generated a reserve of about $29,000,
which is used for larger projects. Special trimming is needed about every four years and can cost
over$6,000. This was done in 2014/15. Additionally, the park infrastructure needs renewal
about every 20 years. In 2009, the Town spent $40,000 rehabilitating the park area. Tree
removal along the creek area resulted in the higher than average costs for contractual services in
2016/17.
The $14,000 cost recovery is an average of about 5 hours per week for a Parks Maintenance
employee. Staff believes that the total time spent in the three areas totals an average of 7 to 8.5
hours per week.
The total budget for FY 2016/17 compares favorably with the Marin County budget from Fiscal
Year 1996/97, ten years ago. For FY 1996/97, the assessment report from Marin County
estimated the following costs for the maintenance and operation of Cypress Hollow LLD:
Miscellaneous Maintenance $2,500
Miscellaneous Fees $88
Contractual Services, Monthly Maintenance $8,728
Water $2,300
Indirect County Overhead $5,733
Contingencies (carry over) $8,564
Total Expenditure $27,913
Note that even without the contingencies line item, this County budget was $19,349, or about
17% more than the Town's budget for FY 2015/16—20 years later. Staff believes that the
Cypress Hollow development is receiving a good value from the Town of Tiburon.
Cypress Hollow Park is unique among neighborhood parks in Tiburon. It is the only
neighborhood park that is manicured. It is the only neighborhood park with a play set for
children. The park is a well used amenity benefitting the residents of Cypress Hollow.
Three years ago, one resident spoke against the assessment at the Town Council meeting. Prior
to that, no resident had ever spoken or written in protest to the assessment. There are 44 parcels
01 "[1WIzcw
June 21, 2017
in the LLD and the LLD has been in the Town since 1998, 19 years. That is a(1/(19*44)) _
0.12% protest rate.
The resident who spoke against the LLD assessment two years ago said that he had been told by
the developer that the assessment would be paid for in a few years and then disappear. A
disappearing assessment would normally be to fund the cost of initial construction. It is clear
from 1997 Marin County documents that the assessment is for"landscape services" for the
"operation and maintenance" of these areas, not initial construction.
The levy of the annual lighting and landscaping assessment provides a funding source for the cost
of Town maintenance of the park and any required improvements. Without this source of
funding, these costs would be paid for from the General Fund.
RECOMMENDATION
Staff recommends that the Town Council:
1. Conduct a public hearing to hear any protests on the intent to levy the annual
assessment, and
2. Move to adopt the resolution continuing the Cypress Hollow Lighting and
Landscaping District for FY 2017-18
Exhibits: Draft Resolution continuing the maintenance and operation of
the Landscape and Lighting District in the Cypress Hollow
Subdivision for Fiscal Year 2017-18
Prepared By: Patrick Barnes, Director of Public Works
1 OWN 01 ]M I:()\ __ Val ,>of i
P A�-t RESOLUTION NO.##-2017
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON CONTINUING
MAINTENANCE AND OPERATION OF THE LANDSCAPE
AND LIGHTING DISTRICT IN THE CYPRESS HOLLOW SUBDIVISION
WHEREAS,the County of Marin has maintained and operated a Landscape and Lighting District
in Cypress Hollow, and received assessments from the parcels therein for the purpose of operating and
maintaining the following areas: (1)landscaping and irrigation of the sewer sanitary easement on the east
boundary, (2)entry landscaping and irrigation of the 30' storm drainage easement in the southwest
boundary area,and (3)ownership and maintenance of the park site, all as part of the Cypress Hollow
Development; and
WHEREAS, in December 1998 the Town of Tiburon annexed the Cypress Hollow Area, and in
April 1999 accepted the Grant Deed from the County of Marin for the Cypress Hollow Public Park; and
WHEREAS,the Town of Tiburon, having completed annexation of the parcels in the Cypress
Hollow District, herein states its intention to continue the operation and maintenance activities of the
Cypress Hollow Landscape and Lighting District heretofore the responsibility of the County of Marin.
NOW THEREFORE IT IS RESOLVED, as follows:
Section 1. The special assessment levy for the District is established as follows,for
continued operation and maintenance District:
034.012.56220 Rancho Dr. $378.00 034.394.01 10 Monterey Dr. $378.00
03 4.012.5 7110 Monterey Dr. $378.00 034.394.02 20 Monterey Dr. $378.00
034.392.0210 Cypress Hollow. $378.00 034.394.03 30 Monterey Dr. $378.00
034.392.0320 Cypress Hollow $378.00 034.394.04 40 Monterey Dr. $378.00
034.392.0430 Cypress Hollow $378.00 034.394.05 50 Monterey Dr. $378.00
034.392.0540 Cypress Hollow $378.00 034.394.06 60 Monterey Dr. $378.00
034.392.0650 Cypress Hollow $378.00 034.394.07 70 Monterey Dr. $378.00
034.392.0760 Cypress Hollow $378.00 034.394.08 80 Monterey Dr. $378.00
034.392.0870 Cypress Hollow $378.00 034.394.09 90 Monterey Dr. $378.00
034.392.0980 Cypress Hollow $378.00 034.394.10 100 Monterey Dr. $378.00
034.392.10145 Rancho Dr. $378.00 034.394.11 60 Baccharis Pl. $378.00
034.393.01110 Rancho Dr. $378.00 034.394.12 50 Baccharis Pl. $378.00
034.393.02120 Rancho Dr. $378.00 034.394.13 40 Baccharis Pl. $378.00
034.393.03130 Rancho Dr. $378.00 034.394.14 30 Baccharis Pl. $378.00
034.393.04140 Rancho Dr. $378.00 034.394.15 20 Baccharis Pl. $378.00
034.393.05150 Rancho Dr. $378.00 034.394.16 10 Baccharis Pl. $378.00
034.393.06160 Rancho Dr. $378.00 034.394.18 185 Rancho Dr. $378.00
034.393.07170 Rancho Dr. $378.00 034.395.01 35 Monterey Dr. $378.00
034.393.08180 Rancho Dr. $378.00 034.395.02 45 Monterey Dr. $378.00
034.393.09190 Rancho Dr. $378.00 034.395.03 55 Monterey Dr. $378.00
034.393.10200 Rancho Dr. $378.00 034.395.04 65 Monterey Dr. $378.00
034.393.11210 Rancho Dr. $378.00 034.395.05 75 Monterey Dr. $378.00
Total assessment charge to the parcels of the District: $ 16,632.00.
EXHIBIT NO.___�,___
Tiburon Town Council Resolution No. 0-2017 06/21/2017 1
Section 2. The estimated District budget for Fiscal Year 2017-2018 provides for continuing
operating functions, and reserves funds for capital maintenance:
Amount
Contractual Services $14,000
Materials & Supplies 1,500
Water 1,000
Total Estimated Budget: $16,500
To reserves $132
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, on
June 21, 2017,by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
JIM FRASER,MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
Tiburon Town Council Resolution No. ##-2017 06/21/2017 2
June 21, 2017
Town Council Regular Meeting
Late Mail Packet
AI-4. Vacancies on Town Council
Lea Stefani
From: Jack Stiefel <stiefelll@gmail.com>
Sent: Friday,June 16, 2017 1:08 PM "AIA
To: Greg Chanis LATE MAIL
Subject: Endorsement of Jack Ryan for Town Council 07
Y04
To Whom it May Concern,
I would like to highly endorse Jack Ryan as a candidate for town council. Jack has worked tirelessly on the yellow bus
program which has benefited all in the community with the school traffic decline. Jack has also spearheaded our
neighborhood under grounding district and dedicated countless volunteer hours ensuring our district is viable and all are
involved and informed. I know he will be a great addition to the town council and want you to strongly consider his
candidacy.
Kind Regards,
Jack and Alison Stiefel
745 Hilary Dr
Tiburon
1
Lea Stefani
#AU�
From: Ken Rowles <KenRowles@msn.com> LATE M . IL
Sent: Friday,June 16, 2017 2:17 PM JRY tRA '
�
To: Greg Chanis JRYM
Subject: Please appoint Jack Ryan to the Tiburon Town Council
Dear Council members:
I am writing to support Jack Ryan for Tiburon Town Council.
Through his leadership on the yellow bus project, anyone that drives on Tiburon Boulevard has
been a beneficiary of his hard work in alleviating traffic. I doubt anyone else under consideration
has saved us all as much time as he has and at such a low cost !
Jack is smart, thoughtful, realistic, funny, and he listens.
He is someone that I am sure you will all enjoy working with to serve Tiburon.
I am excited to see what he can accomplish by joining the great team on the Tiburon Town Council.
Thank you,
Ken Rowles
58 Reed Ranch Road
Tiburon, CA 94920
Lea Stefani
From: Arif Fazal <fazal_arif@yahoo.com>
Sent: Friday, June 16, 2017 3:28 PM
To: Greg Chanis
Cc: Arif Fazal; Cristen Fazal LA& TE MAIL .A. •
LJ
Subject: Letter of Support for Jack Ryan PzY04
Dear Tiburon Town Council,
We are writing to support the candidacy of Jack Ryan for the vacant soon to be filled Town Council seat.
Jack holds many qualities and skills that would be both complementary and incremental to the current Council. He's
extremely thoughtful, understands consensus building and importance of perspective and will do so in a non-self serving
manner. He has worked tirelessly to help in multiple complex Town matters, namely the Bus Challenge and also
Neighborhood Undergrounding. Jack brings high integrity, deep thinking and functional pragmatics, as well as being a
great person, and will be a HUGE asset to the Town Council.
Cheers,
Arif&Cristen Fazal
1
Lea Stefani
From: Greg Chanis
Sent: Monday, June 19, 2017 7:12 AM #A1
To: Greg Chanis LATE MAI L •
Cc: Lea Stefani
Subject: FW: Letter of Recommendation -Jon Weiner town council V• W�enex
Mayor and Councilmembers,
Please find below a letter of support for Jon Weiner.
Regards
Greg
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/ (415)435-7383
From: daniel amir [mailto:daniel amir@yahoo.comj
Sent:Sunday,June 18, 2017 9:19 PM
To: Greg Chanis<gchanis@townoftiburon.org>
Subject: Letter of Recommendation -Jon Weiner town council
Town Council,
Subject: Candidate Jon Weiner for Town Council
My name is Daniel Amir and I am a resident of Belveron East. I wanted to express my support of Jon Welner to town council.
Unfortunately, I won't be able to attend town council in person on 6/21 so I wanted to write a letter of support.
I have known Jon for almost 10 years and I have always found him a person of great integrity. 1, myself, have been involved in town
government as a Heritage and Arts commissioner and in Neighborhood leadership as President of the Belveron East Neighborhood
Association and am aware how difficult it is to balance career, family and public service and the challenges one must face. Jon has
always been involved in public service and non-profit boards in the best possible way and in finding a unique way of getting people
together with excellent results, attributes which I have always admired.
In my opinion,Jon stands out as he brings to town council both the legal experience of being an environmental Lawyer and the public
service experience as a planning commissioner in the Town of Tiburon. A successful council member needs attributes of a good
listener, fine judgment and ability to make decisions.Jon is unique in having those attributes of years of experience as a lawyer and in
public service. On top of his career and public service achievements he is also a great family person with three kids that were raised in
Tiburon which over the years I have got to know very well.
I truly believe that Jon has the character,judgment, patience and integrity to be a successful Town council member and I recommend
to the town council to seriously consider his candidacy.
Best,
Daniel Amir
22 Juno Road
i
Lea Stefani
C MAIL I-
From: Ann Mary Belek <annmary.belek@gmail.com> LAI t
�$�
Sent: Sunday,June 18, 2017 9:53 PM O
V1
�J"T" PIY
To: Greg Chanis J �+
Subject: Letter of Support for Jack Ryan for Town Council
Dear Council Members,
We would like to offer our support for Jack Ryan for Town Council.We have come to know Jack through Reed School,
where our daughters have attended together. He has great interest in making and keeping our town the best that it can
be. His efforts on the Yellow Bus Challenge have benefited both the schools and the town substantially, increasing
accessibility and availability of buses, decreasing traffic flow and lessening our impact on the environment by reducing
the number of cars on the road. He is an approachable and thoughtful person with many great ideas and we feel he
would be a strong asset to the Town Council.Thank you for your consideration.
Sincerely,
Ann Mary and Kyle Belek
1
Lea Stefani
From: Greg Chanis
Sent: Tuesday,June 20, 2017 5:09 PM
To: Greg Chanis
Cc: Lea Stefani LATE MAIL #AO
Subject: FW: Council Vacancy �y
And finally one more.
Greg
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
From: Paras [In2iltc7:pfnc��]
Sent: Monday,June 19, 2017 12:19 PM
To:Greg Chanis< ci�anisCG�townaFtiburor�.or >
Subject: Council Vacancy
Dear Town Council,
I am writing to express our support for Jack Ryan as an appointed councilmember. I have known
Jack for a number of years and have always found him to be smart, analytical, insightful, diligent,
and community-oriented. He roles up his sleeves and works hard to get things done. His efforts
have helped make the Yellow Bus Challenge a success both in terms of traffic abatement but
also in fostering community. Through our bus stop I have met and gotten to know many
neighbors, some of whom have gladly stepped in when I needed help in the morning or
afternoon. This was an unintended, yet valuable result of the Yellow Bus Challenge.
In addition, as you are aware, a portion of our neighborhood just began the process of
undergrounding power poles. Jack has been invaluable in lending his expertise and knowledge
about the process. Undergrounding is complicated and involves a multitude of factors. Through
his experience with Hawthorne, Jack has learned that process and has been able to lay out
different options and considerations. IT is highly unlikely that the Virginia Dr project would not be
where it is were it not for Jack.
My wife and I have been active in our neighborhood association since moving to Tiburon 10 years
ago. We know how important civic engagement is toward fostering a strong community. Jack
embodies all that we hope active community members bring to our town.
1
We urge you to appoint Jack Ryan to fill one of the two vacant council seats; you won't be
disappointed.
Sincerely,
Paras and Audrey Fancy
i
Lea Stefani
From: Greg Chanis
Sent: Tuesday,June 20, 2017 5:08 PM
To: Greg Chanis
Cc: Lea Stefani
Subject: FW:Jack Ryan for Town Council LATE MAIL
And another email related to Council appointments
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
-----Original Message-----
From: Caely Cusick [mailto:caely.cusick@gmail.comj
Sent: Monday,June 19, 2017 9:34 PM
To: Greg Chanis<gchanis@townoftiburon.org>
Subject: Re:Jack Ryan for Town Council
Good evening.
Four years ago my husband and I moved into 700 Hawthorne Drive.With no knowledge of anyone in town,Jack Ryan
was the first to welcome us to the neighborhood and has since been a wonderful neighborhood organizer, community
leader and friend.
As a community leader, Mr. Ryan has worked tirelessly walking up and down the streets of our neighborhood knocking
on doors to answer people's questions about the under-grounding project. He finds not only the time and energy, but
also patience and good humor to reach out and engage individuals. Plus, in group neighborhood meetings I've seen
young and old neighbors enjoy working with Jack. I believe he has done a great job bringing together our neighborhood
to move this under-grounding project forward.Jack is someone who enjoys working with different audiences and is
passionate about improving his community.These qualities make me believe he would be a fantastic candidate for the
town.
If you have any questions or would like more details please contact me on my cell 510-367-9716 or email
Caely.cusick@gmail.com
Best Regards,
Caely
Sent from my iPhone
1
Lea Stefani
From: Greg Chanis
Sent: Tuesday,June 20, 2017 5:08 PM
To: Greg Chanis
Cc: Lea StefaniLo LAN MAIL
Subject: FW:Jack Ryan for Town Council ,^
K �
Please find below email related to Council appointment process.
Regards
Greg
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
-----Original Message-----
From: DeAnn Biss [mailto:dbiss88@yahoo.comj
Sent:Tuesday,June 20, 2017 5:01 PM
To: Greg Chanis<gchanis@townoftiburon.org>
Subject:Jack Ryan for Town Council
Hello, my husband and I would like to express our support for Jack Ryan for Tiburon Town Council. Jack would be an
excellent addition to the Town Council because of his keen business acumen and leadership. In addition to his business
career at Overland Advisors and Wells Fargo, he has demonstrated his commitment to our community as an active
parent in our school district and the Program Manager of the Yellow Bus Challenge. Jack understands the challenges
that Tiburon faces and will bring a fresh perspective to these issues. Jack is not afraid of the details and will bring his
energy to the Council. As residents of Tiburon, my husband and I would feel fortunate to have such a committed
member of our community serve on the Tiburon Town Council.
Sincerely,
Matt and DeAnn Biss
1693 Mar West Street
Tiburon,CA
i
Lea Stefani
From: Greg Chanis
Sent: Wednesday, June 21, 2017 7:16 AM
To: Greg Chanis LATE MAIL
Cc: Lea Stefani
Subject: FW: Endorement for Jack Ryan for Town Council ��
Another email below on Council appointments
Greg
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
From: sivancovich2yahoo.com [rnailto:sivancovich(�yahoo.com)
Sent:Tuesday,June 20, 2017 9:26 PM
To:Greg Chanis<gchanisL)townoftiburon.org>
Subject: Endorement for Jack Ryan for Town Council
Dear Town Council,
We have lived in the beautiful town of Tiburon with our young family for over 10 years
and would like to provide our strong support and endorsement for candidate Jack Ryan
for Tiburon Town Council. Jack, is an extremely intelligent and dedicated manager and
has demonstrated his dedication to the town and proven his skill set with the successful
implementation of the Yellow Bus Challenge.
Jack will be a thoughtful member of the town council who will partner with other council
members to find the best solution - and actually implement it.
We strongly support and endorse Jack Ryan for Tiburon town council.
Best,
Sarah & Danny McNamara
i
Lea Stefani
From: Greg Chanis ML
Sent: Wednesday,lune 21, 2017 8:36 AM
To: Greg Chanis LAI E MAIL #AH
Cc: Lea Stefani
Subject: FW:Jack Ryan Ryox
Another email related to appointments
G reg
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
From: Greg.T.M,addox@wellsfargo.co [mailto:Greg T.Maddox wellsfargo.comj
Sent:Wednesday,June 21, 2017 8:34 AM
To: Greg Chanis<g_chanis@townoftiburon.org>
Subject:Jack Ryan
To the Tiburon Town Council:
I am writing to express my complete support for Jack Ryan's appointment to Tiburon's Town Council. He has been my
next door neighbor for over five(5)years and as such,I have had the chance to see and interact with him on a regular
basis. In addition to his work in the community on the successful bus initiative that has helped get more cars off of
Tiburon Blvd.,he has also been active in the Reed Schools as a volunteer,and recently also lead an effort to improve how
our town and neighborhood looks through an overhead power and phone line undergrounding project. Jack is a tireless,
humble,hard-working member of our community and someone I trust to make good decisions on behalf of us all.
Kind Regards,
Greg
Gregory T.Maddox
Managing Dirctor, Head of Global Manager Research
Wells f argo ?rr✓,str-1w ori 42o MoirkJolnery t °ei, iitl_r 1 I<mr zu✓ rcmcisco, CA 9,11.04
MAC A0101.-054-
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Lea Stefani
From: Greg Chanis
Sent: Wednesday,June 21, 2017 10:21 AM aH MAIL '#'Alo
To: Greg Chanis LM1 q
Cc: Lea Stefani � �
Subject: FW: Endorsement for Jack Ryan for Town Council RYn1
0
Another email on appointments
G reg
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/ (415)435-7383
From: matt Schmidt [mailto:rrnatthew j scrunicitCYwahoo.comj
Sent:Wednesday,June 21, 2017 9:34 AM
To:Greg Chanis<pchanis@townoftihuron.orp,>
Subject: Endorsement for Jack Ryan for Town Council
Dear Town Council Members,
I am writing to endorse Jack Ryan for Town Council. Our family has lived in Tiburon since 2011, and
we originally met Jack at The Little School pre-school where our kids overlapped. Since that time we
have gotten to know Jack, his wife Sara, and kids through school activities, work interactions, sports,
and socially. I only have the highest admiration for Jack as a capable leader in our community. He
took on the role of running the bus system for the Reed School District, a critical position in the
community given well-documented traffic challenges. Jack and his wife Sara have also been leaders
in the Rock Hill area in spearheading utility-undergounding, a time-consuming project requiring
collaboration with many people in the community with different interests. Finally, Jack and I both
coached U8 girls lacrosse this year for the Southern Marin Wolfpack, where I truly witnessed his
leadership skills and patience (a true test!). Jack is clearly intelligent given a degree from MIT and
successful career in finance. I am confident given his experience, background in taking on complex
and challenging projects, and ability to work with others on important matters in the community that
he would be a successful member of our Town Council. Please do not hesitate to contact me if you
have further questions.
Sincerely,
Matthew Schmidt
4 Felipa Court
Tiburon, CA 94920
i
Lea Stefani
From: Lea Stefani
Sent: Wednesday,June 21, 2017 2:21 PM
To: Lea Stefani
Subject: FW: Endorsement of Jack RyanLATE MAIL #A_1o._q
Greg Chanis,Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920/(415)435-7383
-----Original Message-----
From: Nichole Rowles [mailto:nrowles@me.com)
Sent: Wednesday,June 21, 2017 1:48 PM
To: Greg Chanis<gchanis@townoftiburon.org>
Cc:Jim Fraser<JimFraser@marinismyhome.com>
Subject: Endorsement of Jack Ryan
I cannot give a higher endorsement of Jack Ryan. I first met Jack 5 years ago when his older daughter Reece was in the
same kindergarten class as my son Luke. Jack impressed me immediately with his hands-on parenting; he's the one who
picked Reece up from school every day. You couldn't find a smarter candidate than Jack Ryan, a graduate of MIT. On
several occasions I have reached out to Jack given his role with the Yellow Bus Challenge. When it was brought to my
attention that Del Mar students without passes were routinely riding the bus,Jack immediately addressed the problem.
Jack is approachable, responsive, intelligent, and an all-around nice guy who puts his family first.The citizens of Tiburon
would be well-served by having Jack Ryan on the Town Council.
Thank you,
Nichole S. Rowles, Ph.D.
58 Reed Ranch Road
Tiburon
M: 215-432-2824
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