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HomeMy WebLinkAboutCC Resolution 14892 (Grand Jury Report on Roadblocks to Safe Evacuations in Marin)RESOLUTION NO. 14892 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE RESPONSE TO THE 2019-2020 MARIN COUNTY CIVIL GRAND JURY REPORT ENTITLED “ROADBLOCKS TO SAFER EVACUATION IN MARIN” WHEREAS, pursuant to Penal Code section 933, a public agency which receives a Grand Jury Report addressing aspects of the public agency’s operations, must comment on the Report’s findings and recommendations contained in the Report in writing within ninety (90) days to the Presiding Judge of the Superior Court with a copy to the Foreperson of the Grand Jury; and WHEREAS, Penal Code section 933 specifically requires that the “governing body” of the public agency provide said response and, in order to lawfully comply, the governing body must consider and adopt the response at a noticed public meeting pursuant to the Brown Act; and WHEREAS, the City Council of the City of San Rafael has received and reviewed the 2019-2020 Marin County Civil Grand Jury Report, issued December 14, 2020, entitled “Roadblocks to Safer Evacuation in Marin” and has agenized it at this meeting for a response. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby: 1. Approves and authorizes the Mayor to execute the City of San Rafael’s response to the 2019-2020 Marin County Civil Grand Jury Report, issued December 14, 2020, entitled “Roadblocks to Safer Evacuation in Marin”, a copy of which is attached hereto as Attachment 1. 2. Directs the City Clerk to forward the City’s Grand Jury Report response to the Presiding Judge of the Marin County Superior Court and to the Foreperson of the Marin County Civil Grand Jury. I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on February 16, 2021, by the following vote to wit: AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None ______ LINDSAY LARA, City Clerk RESPONSE TO GRAND JURY REPORT FORM Report Title: Roadblocks to Safer Evacuation in Marin Report Date: December 14, 2020 Response By: San Rafael City Council Title: Mayor and City Council FINDINGS: • We agree with the findings numbered 171 • We disagree wholly or partially with the findings numbered F2, F3, F4, and F5 (See Attachment 1) RECOMMENDATIONS: • Recommendations numbered R1 and R3 have been implemented. (See Attachment 1) • Recommendations numbered have not yet been implemented but will be implemented in the future. • Recommendations numbered R2 require further analysis. (See Attachment 1) • Recommendations numbered will not be implemented because they are not warranted or are not reasonable. r !n. DATED: p SIGNED: (/ Gl KA E COLIN, Mayor ATTEST: oe�' A/,&, ^t44 r Lindsay Lara, City Clerk Number of pages attached: 3 1 ATTACHMENT 1: RESPONSE OF THE CITY OF SAN RAFAEL TO GRAND JURY REPORT “ROADBLOCKS TO SAFER EVACUATION IN MARIN” FINDINGS AND RESPONSES F1. No single agency or jurisdiction is taking responsibility and authority for building infrastructure for safe evacuation routes across jurisdictions in Marin County. Response: We agree with this finding. There appears to be no mechanism or entity in place that can assume this responsibility. Multiple agencies are collaborating in the evaluation of evacuation routes and are placing resources toward reducing impediments to successful evacuations. Additionally, the Marin W ildfire Prevention Authority (MWPA) provides essential support via funding for projects involving roadside vegetation clearance, canopy reduction, and other effective tools for safe evacuations such as the development of evacuation maps. Thus far, the countywide effort has been collaborative but is not led by Fire, Law Enforcement, or Transportation stakeholders. F2. There is confusion in the county as to who has ultimate responsibility and authority for ensuring that Marin has safe evacuation routes. Response: We partially agree with this finding. Since there is no established single representative agency or Authority to ensure safe evacuation routes exist in Marin, many community members and agency representatives do not know who to look to for guidance, direction, or critical information. Safe evacuation may be attributable to multiple factors which when aligned can lead to effective and timely evacuations. However, mechanical failure, human error, or lack of situational awareness and/or decisive actions, weather conditions, unimpeded travel routes, familiarization with multiple routes of travel and community safe refuge areas, and much more can all affect the safe, orderly, and rapid evacuations of neighborhoods, towns, and cities. F3. Marin County Board of Supervisors and town and city councils have the responsibility for safe evacuation routing, and they have not sufficiently considered evacuation as a criterion when approving improvements to roads and traffic infrastructure in their jurisdictions. Response: We partially agree with this finding. It can be argued that the responsibility for safe evacuation routing is a shared responsibility at the local, state, and federal levels of government. To assign the responsibility to County Supervisors and Town and City Councils could likely affix an insurmountable cost on local agencies who may not be able to absorb the substantial costs of any infrastructure improvements or alterations deemed necessary or desirable. Furthermore, affixing responsibility on the local government may place an undue burden on the community (if fatalities or injuries are experienced) due to impeded evacuations or other travel route challenges. The MWPA is taking a proactive approach and is on the verge of releasing a Request for Proposal (RFP) for a comprehensive evacuation study. 2 F4. County and municipal administrators, public works, and traffic engineers have not adequately considered mass evacuation as a criterion for planning and funding traffic infrastructure improvements. Response: We disagree with this finding. According to staff from the Department of Public Works and Planning Departments, the City of San Rafael includes evacuation needs among the criteria for evaluating and recommending public works projects. Evacuation needs are included as part of the CIP creation process and the City of San Rafael promotes a concept referred to as “complete streets” which includes their usage for evacuation. F5. Most Marin jurisdictions have not yet included urgently needed evacuation plans in their general plans as required by state law and as recommended by the Governor’s Office of Planning and Research. Response: We partially disagree with this finding. Based on preliminary conversations with a few Fire Department agencies in Marin County, it appears that multiple agencies incorporate evacuation plans into their respective communities’ General Plans as required by state law. The City of San Rafael’s draft General Plan 2040 Safety and Resilience element incorporates evacuation as a component of the element. RECOMMENDATIONS AND RESPONSES R1. Within 180 days of the date of this report, the governing boards of the County of Marin and its cities and towns should direct their respective planning and public works departments to include evacuation needs among their criteria for evaluating and recommending public works projects. Response: This recommendation has already been implemented. Evacuation needs are currently incorporated into the Public Works and Planning departments considerations for any Capital Improvement Projects (CIP) and those involving transportation land development reviews, critical infrastructure, and the General Plan policies summarized in the Agenda Report. The City of San Rafael includes evacuation needs among the criteria for evaluating and recommending public works projects. Evacuation needs are included because it is a part of our CIP creation process and the City of San Rafael promotes a concept referred to as “complete streets” which would include their usage for evacuation. R2. Within 180 days of the date of this report, the governing boards of the County of Marin and its cities and towns should adopt resolutions calling on the Transportation Authority of Marin to include evacuation needs among the criteria it considers when planning and funding public works projects. Response: This recommendation requires further analysis. The Transportation Authority of Marin (TAM) assists the City of San Rafael, and other jurisdictions in Marin County with the implementation of capital projects by identifying sources of funding and 3 by ensuring that funding is distributed from other State and regional agencies in a way that is consistent with law and other shared agreements. While TAM provides a high level of support and works to ensure there is communication and coordination among the communities in Marin County, each jurisdiction is responsible for determining their own capital improvement project needs. As such, local governing bodies such as the Board of Supervisors and local City Councils are best suited to address the needs and priorities of the communities they represent. R3. In calendar year 2021, the County of Marin and its cities and towns should update the safety elements of their general plans to include evacuation planning. Response: This recommendation has been implemented. As per State law, which encouraged local governments to integrate their Local Hazard Mitigation Plan (LHMP) into the mandatory Safety Element of their local General Plan. The City of San Rafael Draft General Plan 2040 (Safety and Resilience element) has included evacuation. 2019–2020 MARIN COUNTY CIVIL GRAND JURY Roadblocks to Safer Evacuation in Marin December 14, 2020 ◄ 4 41 ~ ~ ~ § § § ~ ~ ··············· ~~ .... ····· ~ ... . . . . .... --.;: ... , .... ·· ..... ·· ..... ··• .... ·· ..... ·· .... , .. . . ~ -~:C-O._..U_N __ TY_....O._.F_M-.A.-R-IN~;• •• -••••• -7-----··· .. A Note about the Coronavirus Pandemic The 2019–2020 Marin County Civil Grand Jury is issuing its reports during the unprecedented conditions of the COVID-19 pandemic. We are well aware that Marin County is in crisis and that critical public health concerns, operational difficulties, and financial challenges throughout the county have a greater claim to government attention right now than the important issues raised by this Grand Jury. We are confident that, in due course, Marin will come through this crisis as strong as ever. Roadblocks to Safer Evacuation in Marin SUMMARY California’s 2020 fire season got off to an early start in mid-August with dry lightning that sparked five of the six largest wildfires in the state’s history.1 As of the end of September, nearly four million acres had burned, 22 major wildfires were still active, and 30 people were dead.2 As fires burned throughout the San Francisco Bay Area, anxious Marin residents sheltered from heavy smoke and kept a wary eye on the Woodward Fire in the Point Reyes National Seashore, hoping they would not be forced to evacuate at a moment’s notice. People worried whether it would be possible to evacuate safely. The Grand Jury chose to investigate this question. Specifically, the jury sought to determine whether Marin’s evacuation needs are considered adequately when government entities plan and build improvements to roads and traffic infrastructure. Funding for transportation-related infrastructure projects is complicated, involving agencies at the local, county, regional, state, and federal levels. The rules and regulations governing these funding sources were largely developed before wildfire was the threat it has become in recent years and before the citizenry was fully aware of the urgent need to be able to evacuate quickly and safely. For instance, the Transportation Authority of Marin was chartered at a time when traffic congestion was high on Marin’s priority list and wildfire evacuation was a remote concern. Times have changed. Today, there is considerable uncertainty about who has the ultimate responsibility for building the transportation infrastructure capable of evacuating Marin residents safely in a rapidly evolving emergency. The Transportation Authority of Marin has not been willing to include evacuation as a criterion when funding roadway projects. The recently created Marin Wildfire Prevention Authority has neither the authority nor the funds to address the infrastructure needs. In fact, the county, towns, and cities have responsibility for public safety, but they have not prioritized evacuation needs when funding public works projects. The Grand Jury recommends the following: ■ Marin’s county, town, and city governing bodies should include evacuation needs among their criteria for evaluating and recommending public works projects, and that they call on the Transportation Authority of Marin to do the same ■ Marin’s county, town, and city governing bodies should address evacuation infrastructure needs as they update their general plans 1 Michael McGough, “5 of the 6 Largest California Wildfires in History Started in the Last 6 Weeks,” Sacramento Bee, September 22, 2020, https://www.sacbee.com/article245917915.html. 2 Phil Helsel, “Deadly Fires in California have claimed at least 30 lives this year,” NBC News, September 30, 2020, https://www.nbcnews.com/news/us-news/deadly-fires-california-have-claimed-least-30-lives-year-n1241632. Roadblocks to Safer Evacuation in Marin Marin County Civil Grand Jury Page 2 of 14 ■ The Transportation Authority of Marin should formally establish evacuation as one of its criteria for consideration when planning and funding traffic projects ■ The Marin Wildfire Prevention Authority should invite a Transportation Authority of Marin representative to become an at-large, nonvoting member of its Advisory/Technical Committee to support program development, funding, and implementation of improvements to evacuation routes APPROACH The Grand Jury interviewed officials of the Transportation Authority of Marin (TAM) and the Marin Wildfire Prevention Authority (MWPA), as well as county supervisors, city and town council members, city managers, public works directors, fire and police officials, agency legal counsel, and staff of the Marin County Office of Emergency Services. The Grand Jury reviewed TAM’s charter as well as its response to a previous Grand Jury wildfire report that called on TAM to assume some responsibility for evacuation planning. In addition, it reviewed the authorizing documents of the MWPA, attended public meetings, and examined county and municipal general plans. The Grand Jury investigation focused exclusively on evacuation as it relates to planning, funding, and implementing public works projects on our roads. BACKGROUND Marin County has made progress in addressing the threat of wildfire with the formation and funding of the MWPA that was recommended by the 2018–19 Marin County Civil Grand Jury. With the leadership of fire officials and FIRESafe Marin, county residents are establishing certified Firewise neighborhoods focused on vegetation management and hardening homes against the risk of fire. The MWPA is getting off to a good start with several important initiatives, including inspection, vegetation management, public education, establishment of refuge centers, signage, planning, and mapping. Planning to safely evacuate a community is complex and includes the need to consider public works projects for making rapid evacuation possible along Marin’s narrow and congested roads. The September 2020 Glass Fire forced the sudden evacuation of 68,000 Sonoma County residents and resulted in gridlock on a major route.3 During the 2018 Camp Fire in Paradise, flames raced at a rate of more than one football field every three seconds.4 In that fire, eight people perished in their cars trying to escape. In Marin, evacuation needs are not routinely included in the criteria used by county and municipal public works departments or TAM to prioritize and finance traffic projects. When it comes to planning and funding public works projects, the primary considerations are the safety 3 Lori A. Carter, Kevin Fixler, Guy Kovner, et al., “Live Updates: More Fire Evacuation Orders Issued for East Santa Rosa,” Santa Rosa Press Democrat, September 28, 2020, https://www.pressdemocrat.com/article/news/live- updates-more-fire-evacuation-orders-issued-for-east-santa-rosa/amp/. 4 Judson Jones, “One of California Wildfires Grew So Fast It Burned the Equivalent of a Football Field Every Second,” CNN, November 10, 2018, https://www.cnn.com/2018/11/09/us/california-wildfires-superlatives- wcx/index.html. Roadblocks to Safer Evacuation in Marin Marin County Civil Grand Jury Page 3 of 14 of pedestrians, bicyclists, and drivers as well as smooth, efficient traffic flow and congestion management. In numerous jurisdictions, evacuation needs do not make the list of approved criteria that are evaluated when deciding on a project. As one official put it, evacuation is “not on the radar.” Traffic Congestion and Evacuation Challenges Marin’s unique geography creates exceptional challenges for transportation planners across the county. The 2018–2019 Marin County Civil Grand Jury presented an extensive list of choke points identified by Marin’s fire districts.5 Some of these are illustrated in Figure 1. Figure 1. Choke Points Identified by Fire Districts in 2019 Bolinas Fire Protection District Central Marin Fire Authority Inverness Volunteer Fire Dept. Kentfield Fire Protection District Marin County Fire Department Mill Valley Fire Department Novato Fire Department Ross Valley Fire Department Southern Marin Fire Protection Dist. 5 Marin County Civil Grand Jury, Wildfire Preparedness: A New Approach, Appendix C, April 25, 2019, https://www.marincounty.org/-/media/files/departments/gj/reports-responses/2018-19/wildfire-preparedness--a-new- approach.pdf?la=en. \ Roadblocks to Safer Evacuation in Marin Marin County Civil Grand Jury Page 4 of 14 The problem is compounded when evacuation routes cross multiple jurisdictions where no single agency has authority to make improvements along the entire route. These problems are illustrated at several locations in Marin. For example, Mill Valley’s Miller Avenue and Blithedale Avenue are the primary evacuation routes for more than 15,000 people, almost all of whom live in a fire-prone wildland-urban interface area. Normal traffic there is consistently backed up at three key choke points: the intersection of Camino Alto and East Blithedale, the Highway 101 interchange at Blithedale, and the heavily gridlocked intersection on Shoreline Highway (Highway 1) at Tam Junction. Evacuation to refuge centers near Highway 101 will almost certainly not be possible for many Mill Valley residents. Two of the three choke points that affect Mill Valley lie outside its city limits. To address this problem, multi-jurisdictional cooperation among TAM, Mill Valley, Marin County, and Caltrans will be needed. The two primary emergency exits from San Anselmo and Fairfax are Sir Francis Drake Boulevard and Red Hill Avenue, which pass through many choke points across multiple jurisdictions, including Ross, San Rafael, Larkspur, County of Marin, and the Caltrans interchanges at Highway 101. Similar choke points exist in Sleepy Hollow, where the Butterfield Road escape route runs across the jurisdictions of unincorporated Marin County and San Anselmo. Santa Venetia’s escape route on San Pedro Road crosses unincorporated Marin County, San Rafael, and the Caltrans interchange at Highway 101. Evacuation along Novato Boulevard involves the City of Novato and the county. In addition to the choke points on major arterial routes, natural and constructed obstacles on Marin’s narrow hillside and feeder roads impede safe evacuation. Road narrowing at eastbound East Blithedale Avenue approaching Highway 101. (Photo by Spencer Sias) Roadblocks to Safer Evacuation in Marin Marin County Civil Grand Jury Page 5 of 14 DISCUSSION Planning for safe wildfire evacuation is complicated. It requires multi-agency cooperation to address a multitude of tasks by many different departments and administrators under the direction of Marin’s elected officials. These tasks are performed by county and municipal public works, fire, and law enforcement agencies; the Marin County Office of Emergency Services; and the Marin Wildfire Prevention Authority; as well as by regional, state and federal agencies. Current thinking among most of the county’s public safety officials is that residents needing to evacuate should get into their cars, drive down to valley floors, and then go to mapped refuge centers. If necessary, evacuees can then move onto highways and out of the county. Refuge centers are typically large parking lots, playing fields at schools and community centers, and shopping malls. Putting aside the question of whether the designated refuge centers are large enough to accommodate all the evacuees from heavily populated areas, the paths to reach these refuge centers could be impassable. In the long run, it will be essential to move traffic through known choke points in order to ensure public safety in a swiftly moving emergency requiring mass evacuation with little or no warning. Fire professionals tell residents that they will be safe in their cars on pavement en route to valley floors or designated refuge centers.6 They stress that residents should evacuate as soon as they are warned to avoid congestion and panic. However, fires often strike suddenly and create the need to move thousands of cars immediately with little or no warning. While Marin’s agencies are implementing many aspects of evacuation planning, they are not considering infrastructure improvements such as the removal of impediments or the widening of roads for evacuees and emergency vehicles. In interviews with the Grand Jury, many officials expressed reluctance to take on these specific evacuation infrastructure challenges because of the enormous costs, potential litigation, environmental complexities, neighborhood resistance, and lack of authority. Furthermore, it is not clear who has responsibility for addressing this critical need. Nevertheless, the dire consequences of failing to address this challenge could result in a catastrophe that far outweighs the cost of improving our roads to support mass evacuation. Political Confusion Marin has political as well as physical impediments to safe evacuation. At present, it is not clear who has the political authority for all of the many aspects of planning and implementing evacuations. In fact, no single governmental entity has the authority or has accepted responsibility for overseeing and executing all of these tasks. In interviews with the Grand Jury, public officials often expressed the belief that some other agency had the responsibility for evacuation. For example, some public works directors and city managers believe that fire and law enforcement are in charge of evacuation and involved in its planning. Transportation officials said that the county’s Office of Emergency Services is in 6 FIRESafe Marin, “Wildfire Evacuation Guide,” accessed November 5, 2020, https://firesafemarin.org/index.php?option=com_content&view=article&id=100&Itemid=614 . Roadblocks to Safer Evacuation in Marin Marin County Civil Grand Jury Page 6 of 14 charge. However, when asked, officials from the Office of Emergency Services and law enforcement responded that they focus on evacuation only during active emergencies. The Grand Jury heard from several elected officials that they anticipate that the new wildfire authority will take care of evacuation planning. To add to the muddle, there was often confusion over what planning for evacuation actually entails. No one had a complete grasp of all of the interconnected components, whether it is educating the public, cutting back vegetation, improving mapping and signage, designating refuge centers, executing evacuation during emergencies, or actually building and improving the infrastructure to support a mass evacuation. After completing its investigation, the Grand Jury believes that the ultimate responsibility for road improvements and establishing safe evacuation routes lies with our elected officials, specifically the Marin County Board of Supervisors as well as Marin’s town and city councilmembers. For a fully functional evacuation infrastructure, these officials must execute their local policies and decisions through their public works, fire, and law enforcement departments and agencies while also coordinating with one another across jurisdictions. They must also reach out to the state and federal transportation agencies to seek funds. All of this work will require the support of the Transportation Authority of Marin and the new Marin Wildfire Prevention Authority. No jurisdiction or agency can do this entirely by itself. County, Towns, and Cities It is up to the county and municipalities to propose and build the public works infrastructure needed to support evacuation as well as emergency access by fire equipment and first responders. It is critical that they remediate traffic choke points and improve key narrow roads within their boundaries. They also must look beyond their borders at cross-jurisdictional evacuation routes that will be needed to accommodate mass evacuations. While jurisdictions may have the resources for small projects, they will need to coordinate with one another and regional, state, and federal transportation agencies to obtain the funding required for larger local and cross-jurisdictional projects. Major public works projects can involve enormous expense, generate litigation, and take years to accomplish. However, the Grand Jury believes that even small projects that address evacuation can make a big difference over time. Elected officials through their local public works departments are responsible for building and maintaining a safe road infrastructure for the public, whether they are in automobiles, on bikes, or on foot. Safe, smooth, and efficient traffic flow on an everyday basis is their prime consideration. Evacuation has not been one of the criteria in planning road projects but given the effects of climate change and the rising risk of fire, it cannot be ignored. Public works decisions are often made in response to demands from local residents who lobby for specific improvements in their neighborhoods. The Grand Jury heard from a number of public works directors that they respond to appeals from parents in regard to pedestrian safety. There have not been similar appeals from the public for evacuation-related improvements. The responsibilities of each public works department end at its jurisdictional boundaries. While there has been some informal coordination between cities, there is no formal plan for coordinating traffic flow across cross-jurisdictional evacuation routes. Roadblocks to Safer Evacuation in Marin Marin County Civil Grand Jury Page 7 of 14 Each jurisdiction has its own challenges and priorities, and the solutions to those challenges may conflict with evacuation concerns. In some cases, individual jurisdictions have chosen to address local demands for quieter, slower streets by narrowing major routes within their cities. Mill Valley is a good example of trying to balance evacuation with safe traffic flow, aesthetics, and other competing requirements. In 2017, Miller Avenue was re-striped to narrow the road from four lanes to two lanes in order to add a bike lane and needed parking in the downtown area. In 2019, after evacuation concerns were expressed, the city amended the plan to prohibit parking on Miller Avenue on “red flag” days when fire danger is high. This compromise is a recognition of the need to be able to evacuate large numbers of vehicles out of the city in an emergency. Individual governing bodies of the cities, towns, and the county should direct their departments of public works to add evacuation as an important criterion to be considered as part of their normal planning process. This does not need to be an onerous addition. A simple item on a checklist should be included with a short explanation of how evacuation would be impacted. The county and municipal elected officials have the ultimate responsibility for evacuation and public roadways, and they can also strongly influence the policies and decisions of the Transportation Authority of Marin. TAM is a resource and the primary source of funding for transportation infrastructure projects in the county. Its board is composed solely of a councilmember from every town and city as well as all five members of the county’s board of supervisors. Unless the county, towns, and cities prioritize infrastructure work to improve evacuation, this work will not happen. As part of fulfilling their responsibility for evacuation safety, Marin’s board of supervisors and municipal councils should each pass a resolution requesting TAM establish a policy to examine the impact on evacuation of every road project presented to it for funding. County and Municipal General Plans County and municipal general plans lay out each jurisdiction’s vision for long-term development, including its traffic infrastructure. General plans are required by state law, and the law requires that general plans include evacuation as a component of their safety element. Specifically, it states that “the safety element . . . shall also address evacuation routes . . . and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.”7 In addition, the 2015 Governor’s Office of Planning and Research’s Fire Hazard Planning guide recommends that general plans include evacuations.8 Specifically, the guidelines call for: ■ Designating and maintaining safe emergency evacuation routes on publicly maintained roads for all communities and assets at risk 7 California Government Code 65302(g), https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65302.&lawCode=GOV . 8 Governor’s Office of Planning and Research, Fire Hazard Planning, May 2015, p. 21, Fire Hazard Planning: General Plan Technical Advice Series. Roadblocks to Safer Evacuation in Marin Marin County Civil Grand Jury Page 8 of 14 ■ Identifying potential circulation improvements necessary to avoid unacceptable community risks The Grand Jury reviewed the general plans of the county and the municipalities and found that evacuation is not adequately addressed. As of October 2020, only Belvedere, Mill Valley, and Novato had included evacuation in their general plans, although several other jurisdictions are in the process of making some changes. California state law also mandates that general plans be updated on a regular basis. These plan updates provide government officials the opportunity to consider evacuation when making decisions involving land use, development, and infrastructure. Given the dangers illustrated by the 2020 wildfire season, the Grand Jury believes that the county, cities, and towns should amend their general plans to explicitly address evacuation issues. Specifically, they should identify the roads within their jurisdictions that create unacceptable community risks and plan to improve them as soon as possible. The Transportation Authority of Marin In its Wildfire Preparedness: A New Approach report, the 2018–19 Marin County Civil Grand Jury made four recommendations calling on the Transportation Authority of Marin to participate in planning, prioritizing, and funding evacuation projects.9 TAM responded to that Grand Jury report by stating that “TAM is a funding agency and does not set local policy.”10 During subsequent interviews, the 2019–2020 Grand Jury heard TAM officials continue to deny that the agency has any role or responsibility for considering evacuation needs in its transportation projects. However, the current Grand Jury believes that the TAM board can and should ensure that evacuation considerations are integrated as a criterion into the planning and funding of all transportation projects. TAM is ideally positioned to help address the county’s evacuation infrastructure needs. It is the only entity in Marin with countywide authority over transportation projects. It is also the primary agency through which Marin’s major transportation projects are developed and funded. Its board is broadly representative of Marin’s jurisdictions, and therefore it can support large cross- jurisdictional projects along Marin’s major evacuation routes. By coordinating grant applications for multi-jurisdictional and countywide evacuation infrastructure projects, TAM can strengthen Marin’s chances of obtaining regional, state, and federal funds. TAM was established as Marin’s official congestion management agency11 and is the major source of funding for many Marin transportation projects, both small and large. It provides funding for roads, bikeways, sidewalks, and pathways. It also supports local transit services and school safety programs. TAM gets funding from local sales taxes and a local vehicle registration fee, as well as from regional, state, and federal grants. 9 Marin County Civil Grand Jury, Wildfire Preparedness: A New Approach, p. 24. 10 Transportation Authority of Marin, “Response to Grand Jury Report “Wildfire Preparedness - A New Approach,” June 27, 2019, https://www.marincounty.org/-/media/files/departments/gj/reports-responses/2018- 19/responses/wildfire-preparedness-a-new-approach/wildfire--tam.pdf?la=en. 11 Transportation Authority of Marin, “Overview,” accessed November 5, 2020, https://www.tam.ca.gov/overview/. Roadblocks to Safer Evacuation in Marin Marin County Civil Grand Jury Page 9 of 14 In 2018, Marin’s voters approved Measure AA, a ½-cent sales tax to support local transportation projects. This tax is expected to generate up to $273 million that could be used to improve local roads over the next 30 years.12 This money is prescribed for many purposes, but one such purpose is to make investments to address congestion and improve “traffic flow” on local streets and road corridors. Of the $273 million, TAM estimates that $7.2 million will be available annually for maintenance of Marin’s local transportation infrastructure, including roads, bike paths and walking paths. The measure also makes an additional $1.9 million available on an annual basis to reduce congestion on Highway 101 and adjacent roadways. Local spending in these areas could help to alleviate impediments to safe evacuation. The money could also be used as matching funds to obtain larger regional, state, and federal grants. This can be accomplished within the Measure AA framework approved by Marin’s voters, and it would be in keeping with the vital public interest in having safe evacuation routes. The Grand Jury’s review indicates that TAM has the discretion as well as financial resources to address unanticipated events under existing rules. For example, TAM recently made Quick Build Grants to towns and cities to close streets to traffic so restaurants could provide outdoor dining during the COVID-19 pandemic.13 TAM does not need to amend its charter or amend the expenditure plan for AA funds in order to consider evacuation routes in its funding algorithms. The TAM board is not prohibited from establishing a policy that every project submitted for funding must consider the impact of the project on mass evacuation. TAM’s board can also direct its staff to work with the county and municipalities to ensure that every project proposal includes consideration of the impact on Marin’s evacuation infrastructure. TAM could be more effective if it works directly with the new Marin Wildfire Prevention Authority to help identify and fund evacuation infrastructure projects. TAM has traffic models and an extensive set of data that could be extremely useful for evacuation planning.14 The Marin Wildfire Prevention Authority The Marin Wildfire Prevention Authority is a new, countywide agency dedicated to all aspects of wildfire prevention and preparation. It is the first agency of its kind in the state and represents a pioneering effort in fire prevention. When it was being formed, the MWPA was presented as the agency that would address Marin’s wildfire prevention, evacuation infrastructure, and planning needs. 12 Transportation Authority of Marin, 2018 Final Expenditure Plan, p.9, accessed October 15, 2020, https://2b0kd44aw6tb3js4ja3jprp6-wpengine.netdna-ssl.com/wp- content/uploads/2018/07/TAM_2018FinalExpenditurePlan_062918.pdf. 13 Will Houston, “Marin Grant Program Offers Virus Aid for Outdoor Commerce,” Marin Independent Journal, July 12, 2020, https://www.marinij.com/2020/07/12/marin-grant-program-offers-virus-aid-for-outdoor-commerce/. 14 Transportation Authority of Marin, Travel Demand Model & Traffic Monitoring, accessed October 3, 2020, https://www.tam.ca.gov/planning/travel-demand-model-traffic-monitoring/. Roadblocks to Safer Evacuation in Marin Marin County Civil Grand Jury Page 10 of 14 The Measure C initiative placed on the ballot to fund the MWPA specifically stated: Marin Wildfire Prevention Measure. To support coordinated wildfire prevention including early detection, warning and alerts; reducing vegetation; ensuring defensible space around homes, neighborhoods and critical infrastructure; and improving disaster evacuation routes/procedures; shall the Marin Wildfire Prevention Measure, levying up to 10¢ per building square foot tax ($75 per multifamily unit or as described in the full measure) for ten years, providing $19,300,000 annually, with annual inflation adjustments, i ndependent citizen oversight/audits, and low-income senior exemptions, be adopted?15 In addition, the campaign literature promoting Measure C to fund MWPA explicitly promised to address evacuation infrastructure. The image below shows a Measure C campaign flyer describing in the second bullet point that a yes vote on Measure C will “improve evacuation routes and infrastructure for quicker, safer evacuations.” 15 Marin County Registrar of Voters, “March 3, 2020 - Measure C,” emphasis added, https://www.marincounty.org/depts/rv/election-info/election-schedule/page-data/tabs-collection/2020/march- 3/measure/measure-c-tab. Measure C campaign flyer promising, among other statements, that a yes vote would “improve evacuation routes and infrastructure for quicker, safer evacuations.” LOCAL LEADERS AGREE -VOTE YES ON C lea gue of Women Voters of Marin County Coalition of Sensible Taxp ayers (COST) Marin Independent Journal Marin County Fire Chief's Assoc iation FIRESafe MARIN Mar in Association of REALTOR S- Marin Conservation league Con seNation Corps North Bay North Bay Leadersh ip Council Jared Huffman , US Congressman Mike McGuire , CA Stale Sena tor Judy Arnold, Mann County Board of Supervisors Damon Connolly, Marin County Board of Supervisors Katie Rice , Mam, County Board of Supervisors Denn is Rodoni , Marin County Board of Supervisors Kate Sears, Mar,n County Board of Supervisors Ja mes Andrews , Mayor, Town of Corle Madera Den ise Atha s, Mayor, City of Novato Elizabeth Srekhus, Mayor, Town of Ross Renee Goddard , Mayor, Town of Fairfax Ford Greene . Ma,vr. Town of San Anselmo Gary Phillip s, Mayor, C1tyof San Rafael Catherine Way, Mayor, City of l arkspur Jim Wickham . Mayor, City of Mill Valley "Pa,tial l1st Titles for identification purposes only. We teac h our chil dren not to play with fir e an d now it's ou r turn to fo ll ow this commo nsense advice . With lo nge r, hot ter and drier fire seaso ns com bined wi th Mari n's ab undan t natura l vege tat ion that cou ld fuel a wi ldfi re, we 've bee n fo rt unate to date. Dest ru ct ive and fa tal wi ld fires in Sono ma, Para dise and elsew here have taug ht us that we must be proact ive . Vot ing Yes on C - the Marin Wild fire Preve nt io n Meas ure -wil l help protect Marin from th e ve ry real th rea t of wi ldfi re . VOTE YES ON MEASURE C TD : Improve emerge ncy alert and fire wa rnin g sys tems Improve evac uatio n ro utes and infrast ru ct ure for qui cke r, safer evac uations Reduce hazardous vege tatio n using env ironmentally -res ponsible prac tices Expan d defens ible space and fire sa fety in spectio ns Pro tect ro ad s, bri dges , power and comm unica ti on lines , sc hools and pol ice and fi re sta tions Provide support fo r seniors , low-i nco me homeow ners and peo pl e with dis abi litie s need ing ass istan ce to keep thei r ho mes fi re res ista nt Ex pand neig hborhood wildfire sa fety an d pre pared ness programs STRICT FISCAL ACCOUNTABILITY : All fu nds must be spent loca ll y for wi ldfire preventi on and prepared ness only By law, no funds ca n be taken by the State An indepen dent ci tize ns' overs ight com mittee ensures fun ds are spe nt properly Low-in co me senio r citi zens are elig ible fo r an exem pt ion from the cost Adminis trat ive cos ts are strict ly capped at no more tha n 6% so fun ds go direc tl y to wild fire prevent ion ns 1an arse n FPPC # 14 22676. Roadblocks to Safer Evacuation in Marin Marin County Civil Grand Jury Page 11 of 14 Marin voters approved the ballot initiative with a 71 percent majority. The Grand Jury is concerned that Marin’s public may have a false sense of security regarding evacuation routes, thinking that all issues relating to the matter will be handled by the new government agency. Local officials told the Grand Jury that citizens are not calling on them to improve evacuation routes in current or future infrastructure projects. They are not demanding action on the inevitable, and possibly lethal, road congestion that will occur in the event of a mass evacuation. From its interviews and investigation, the Grand Jury confirmed that not only the public, but others, including some government officials, expect that evacuation improvements will fall under the purview of the MWPA. FIRESafe Marin, a nonprofit organization formed by Marin County’s fire chiefs, produced and distributed a fact sheet about the new agency and described one of its tasks as “improving evacuation routes and infrastructure to enhance traffic flow and promote safe evacuation.”16 Seeming to further support this assumption, the MWPA website states that one of its roles is to “improve disaster evacuation routes for organized evacuation.”17 Despite these assertions, the MWPA does not plan to actually make infrastructure improvements. The MWPA is funding major vegetation management projects, creating evacuation maps, applying for and giving grants, providing defensible space evaluations, and planning many other important tasks. However, it should be clearly understood that the MWPA does not have the political authority to initiate the public works projects to build safe mass evacuation routes, nor does it have sufficient financial resources to fund them. The MWPA is composed of 17 different jurisdictions. Rather than giving the MWPA top-down authority, its formation agreement requires that all its actions are to be achieved through cooperation among its constituent jurisdictions. It cannot impose a requirement for major infrastructure work on the county or any individual jurisdiction. Political authority remains with the towns, cities, and county. Although the tax for the MWPA is expected to raise approximately $19.3 million per year, this amount of money is not enough to cover the cost of any major roadway improvement. The MWPA is planning to fund and execute other evacuation-related projects. For instance, it has allocated $1 million for a traffic study of evacuation routes. This traffic study could be the blueprint for planning future roadway improvements; but beyond this, the agency will not be responsible for executing or funding such work. It would make sense for the MWPA and the Transportation Authority of Marin to coordinate this infrastructure planning work with the towns, cities, and county. To facilitate this coordination, the MWPA should invite a TAM representative to become an at-large, nonvoting member of its Advisory/Technical Committee. 16 FIRESafe Marin, “Local Wildfire Prevention & Mitigation Initiative,” access ed October 4, 2020, https://www.firesafemarin.org/images/articles/mwpa/JPA_FactSheet_Final.pdf. 17 Marin Wildfire Prevention Authority, "About Us," accessed October 17, 2020, https://www.marinwildfire.org/about-us. Roadblocks to Safer Evacuation in Marin Marin County Civil Grand Jury Page 12 of 14 CONCLUSION Planning, executing, and building for evacuation is an enormous, complex, expensive, and time- consuming task that can only be achieved one step at a time. As a start, to meet the need for safer evacuation, Marin’s officials and agencies should consider evacuation impacts whenever they are planning a new roadway improvement project. Success in this endeavor will require dedicated attention by our elected leaders and cooperation across and within Marin’s jurisdictions as well as the Transportation Authority of Marin and the Marin Wildfire Prevention Authority. With recognition of the progress made so far and in view of the extensive work that remains to be done, the Grand Jury is recommending the next steps needed to build for evacuation. FINDINGS F1. No single agency or jurisdiction is taking responsibility and authority for building infrastructure for safe evacuation routes across jurisdictions in Marin County. F2. There is confusion in the county as to who has ultimate responsibility and authority for ensuring that Marin has safe evacuation routes. F3. Marin County Board of Supervisors and town and city councils have the responsibility for safe evacuation routing, and they have not sufficiently considered evacuation as a criterion when approving improvements to roads and traffic infrastructure in their jurisdictions. F4. County and municipal administrators, public works, and traffic engineers have not adequately considered mass evacuation as a criterion for planning and funding traffic infrastructure improvements. F5. Most Marin jurisdictions have not yet included urgently needed evacuation plans in their general plans as required by state law and as recommended by the Governor’s Office of Planning and Research. F6. As Marin’s designated “congestion management agency,” the Transportation Authority of Marin, is best positioned to coordinate and support the funding of public works projects for improving evacuation routes, including cross-jurisdictional evacuation routes. F7. Contrary to its previous responses to the Grand Jury, the Transportation Authority of Marin is not precluded or constrained from incorporating evacuation planning needs as a criterion in its infrastructure projects. F8. The Transportation Authority of Marin’s decision-making process is inadequate unless it includes evacuation as a criterion when funding improvements. F9. The Marin Wildfire Prevention Authority’s Advisory/Technical Committee would benefit from having the expertise of the Transportation Authority of Marin to advise on evacuation infrastructure needs. Roadblocks to Safer Evacuation in Marin Marin County Civil Grand Jury Page 13 of 14 RECOMMENDATIONS R1. Within 180 days of the date of this report, the governing boards of the County of Marin and its cities and towns should direct their respective planning and public works departments to include evacuation needs among their criteria for evaluating and recommending public works projects. R2. Within 180 days of the date of this report, the governing boards of the County of Marin and its cities and towns should adopt resolutions calling on the Transportation Authority of Marin to include evacuation needs among the criteria it considers when planning and funding public works projects. R3. In calendar year 2021, the County of Marin and its cities and towns should update the safety elements of their general plans to include evacuation planning. R4. Within 120 days of the date of this report, the Transportation Authority of Marin should establish a criterion requiring that evacuation impacts be examined and stated when planning and funding infrastructure projects. R5. Within 120 days of the date of this report, the Marin Wildfire Prevention Authority should invite a Transportation Authority of Marin representative to become an at-large, nonvoting member of its Advisory/Technical Committee to support program development, funding, and implementation of improvements in evacuation routes. REQUEST FOR RESPONSES According to the California Penal Code, agencies required to respond to Grand Jury reports generally have no more than 90 days to issue a response. It is not within the Grand Jury’s power to waive or extend these deadlines, and to the Grand Jury’s knowledge, the Judicial Council of California has not done so. But we recognize that the deadlines may be burdensome given current conditions caused by the COVID-19 pandemic. Whether the deadlines are extended or not, it is our expectation that Marin's public agencies will eventually be able to return to normal operations and will respond to this report. In the meantime, however, public health and safety issues are of paramount importance and other matters might need to wait. Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as shown below. Where a recommendation is addressed to multiple respondents, each respondent should respond solely on its own behalf without regard to how other respondents may respond. Roadblocks to Safer Evacuation in Marin Marin County Civil Grand Jury Page 14 of 14 Pursuant to Penal Code Section 933.05, the Grand Jury requests responses from the following governing bodies: ■ County of Marin Board of Supervisors (F1–F5, R1–R3) ■ Belvedere City Council (F1–F5, R1–R3) ■ Corte Madera Town Council (F1–F5, R1–R3) ■ Fairfax Town Council (F1–F5, R1–R3) ■ Larkspur City Council (F1–F5, R1–R3) ■ Mill Valley City Council (F1–F5, R1–R3) ■ Novato City Council (F1–F5, R1–R3) ■ Ross Town Council (F1–F5, R1–R3) ■ San Anselmo Town Council (F1–F5, R1–R3) ■ San Rafael City Council (F1–5, R1–R3) ■ Sausalito City Council (F1–F5, R1–R3) ■ Tiburon Town Council (F1–F5, R1–R3) ■ Transportation Authority of Marin Board of Directors (F1, F2, F6–F9, R4) ■ Marin Wildfire Prevention Authority Board of Directors (F1, F2, F9, R5) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code Section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. 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.