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Housing Density Update, Fairfax Rent Control Proposal and Novato Tour

By Fairfax Community News, Fairfax Real Estate News, Marin Association of Realtors, Marin Community News, Marin Real Estate News

Good morning MAR members!

I’m hopeful that all of you had a nice long holiday weekend! For those of you who left town, I hope your travels were safe. For those of you who stayed closer to home, I hope that the little secret of how nice Marin is when everyone leaves played itself out for you.

As for me, I stayed very close to the home base in Cascade Canyon. Lots of quiet time in the shade, and making the circuit between the pool, the refrigerator, and the grill. Ah, summer!

Speaking of summer, I continue to be involved in at least one death match multiple offer scenario every week. All the same buyers, week after week, competing over the same limited inventory. This is usually the quiet season, and it definitely feels that way with few new listings. But my goodness, when a nice one comes on, all the buyers are there waiting!

HOUSING DENSITY UPDATE

It is the quiet season at MAR, lots of people going on vacation, and the politics have gotten quiet as well. Last year at this time it was all-out war over Plan Bay Area, but blessedly this year there is no comparable, all encompassing issue. The density conversation goes on, however. Fairfax is having a town hall meeting next Saturday, July 12 at 1:00 to discuss its General Plan and with it the Housing Element…there is even a banner announcing it across Sir Francis Drake Blvd.

In Corte Madera, rather than face off with a jittery public closely monitoring density, the developer for the 1441 Casa Buena project scaled back his project from 138 unit to 48 townhomes. You can read about itHERE. Everyone in the neighborhood seems much happier with that number.

FAIRFAX RENT CONTROL PROPOSAL

Thanks to MAR member Diane Hoffman for bringing to my attention and to MAR’s attention the new development in Fairfax where Vice Mayor Larry Bragman is advocating for a rent control discussion in Fairfax. Marin County is currently without any local rent control ordinances, but right across both bridges rent control is alive and well in San Francisco and Berkeley. MAR is looking to learn more about Vice Mayor Bragman’s proposal, and we have alerted the California Apartment Association about this development (which they were not aware of). The matter was discussed at last week’s Town Council meeting, and will be discussed at the next meeting. Stay tuned.

SEWER LATERAL AND INCREASED ROSS VALLEY GRANT AMOUNT

The first “working group” meeting with Ross Valley Sanitary for their new point-of-sale later inspection program will be held this week, so I will report back next week on that matter.

Ross Valley Sanitary did contact me this week to try to get the word out about the increased funding and contribution limits for their lateral grant program. For many years, RVSD had a grant program that would pay 50% of the cost of a lateral replacement, up to $4,000, for a qualifying lateral. That grant was scaled back to $2,000 over the past couple of years. Good news, the program has been re-funded and the grant program is back to the old 50%/$4k level. For more info you can read about it HERE.

THE NOVATO TOUR

Finally, I want to talk about a subject for which I admit I could be better-educated: the Wednesday morning Novato buy/sell and tour. I have from time to time through the years come to the Novato Tour meeting, most often when I have a new listing to present. It’s always been a nice meeting, and it’s seemed to me that the meeting was useful. I’ve also been impressed with the cooperative team spirit among the Novato Tour attendees, and the community announcements and opportunities to give back to the community always seemed to be a step in the right direction.

Several times, I’ve wondered if we shouldn’t have a similar gathering in Central and Southern Marin.

Several weeks ago, without warning, I received three phone calls within a couple of days from members with feedback on the Novato Tour. The overwhelming message I received was that these members found it to not be useful, and poorly attended by Realtor members. Again, this was all news to me.

These members wondered if the useful life of the meeting had been exceeded. So I’m putting it out there to the membership, at least so I can discuss the matter with a level of knowledge:

Is the Novato Tour meeting useful, and a good use of everyone’s time?

While I have no real opinion on the subject, one pet peeve that I do have are the occasional new listings in Novato not being listed on the MLS broker tour, but being listed on the Novato Tour. I guess the simple answer to me is “go to the Novato Tour meeting” if I don’t want to miss some of those listings. But it’s not always convenient to get to the meeting.

My sense is that for many of you, the Novato tour is useful. For others, not as much.

MAR does not sponsor the Novato Tour meeting, so it will go on regardless of what MAR thinks. I’d just like to get a sense from membership about whether you like the tour as it is, or if you’d like to see it changed…or if you’d like to see it done away with.

I will report the findings of this admittedly unscientific poll back to the membership in the coming weeks.

That’s it for now. Stay cool, safe travels, and enjoy the summer season!

I wish you a safe and prosperous week.

Blaine Morris

2014 MAR President

City of San Rafael Resale Inspection Reform – MAR Monday Memo 06/30/14

By Uncategorized

Good morning MAR members!

“It was twenty years ago today…”  That’s how one of my favorite Beatles albums, Sgt. Pepper, starts out.  Well, it was twenty years ago today that my then-girlfriend-and-now-wife Heather and I moved to Marin…and Fairfax.  I’d moved around a lot throughout my life, and the duplex unit at 42 Manor Road in Fairfax was the 29th address I’d lived at…and I was only 28 at the time.  Little did I know that Heather and I would plant roots in Marin.  We bought our house less than two years later, my 30th and final address to date at age 30.  Eighteen+ years later, we’re still there.

Marin is a terrific place to put down roots, as we all know.  We are so happy here in our adopted county!

1994 was quite a memorable year for a lot of reasons.  It seemed to be the beginning of our new reality-based media system, with both  the Nancy Kerrigan/Tonya Harding fiasco at the Olympics kind of kicking it off, and then the even-more-memorable OJ Simpson low-speed chase.  OJ was amazing really.  As part of our move to Marin, Heather and I drove to her native Colorado to get some of her belongings from her mom’s house.  While we were driving across Highway 50…the “Loneliest Road in America”…we were scrambling for radio contact with the outside world to keep tabs on OJ.  Really, we missed the whole thing other than “live” reports on the radio.

Also upon arriving in Marin in the summer of 1994, we were greeted by the excitement of the World Cup being played right here in the Bay Area with Stanford Stadium being one of the host venues.  It was at Stanford on July 4th 1994 that the US was knocked out by eventual champion Brazil in the Round of 16.  It’s so exciting to see the success of the US team in this year’s Cup!  Round of 16 again tomorrow vs. Belgium!

This summer we will be again driving across the “Loneliest Road in America” to a family reunion next month.   This time, rather than chasing radio stations down, I’m more wondering what it will be like to be off the grid with my phone for an extended period.  It will probably be a blessing, really…  Phone silence in the middle of the desert!

CITY OF SAN RAFAEL RESALE INSPECTION REFORM

Earlier this year, it became clear to me that the City of San Rafael’s residential resale inspection process was broken.  Many, many of you shared your frustrated stories, and a number of you came before MAR’s Board of Directors and Governmental Affairs committee to share your experiences.  MAR CEO Andy Fegley and I began a months-long process to bring this issue to the attention of leadership at the City of San Rafael.

Many meetings later, I’m happy to report that the City of San Rafael has released to us their new policy for the Residential Building Report (RBR).  You can check out the document by clicking HERE.  It’s revolutionary.  It’s the product of a lot of months of hard work, led by Paul Jensen, San Rafael’s Director of Community Development.  Nancy Mackle, City Manager, and Thomas Ahrens, Building Inspector also played key roles.

Net-net, it’s a new day in the relationship between MAR and the City of San Rafael.  Many thanks to the key stakeholders at San Rafael.  This was a fantastic example of city government working to be responsive to the needs and desires of both its residents in the community and business in the community.

As a part of the process for rolling out these new policies and procedures, MAR has committed to educate our members of the changes.  Also, San Rafael will be conducting interactive educational sessions with all interested parties as a part of their, “Coffee and Codes” program.  Stay tuned for more details.

SEWER LATERAL POINT OF SALE UPDATE

You’ll be relieved to know that I don’t have much of a sewer update this week. We’re on it, and Ross Valley Sanitary District voted 5-0 last Wednesday night to postpone the implementation of their sewer lateral point-of-sale requirement for 60 days.  In addition, they have reached out to MAR to form a working group to massage their ordinance to make its implementation feasible.

HOUSING DENSITY UPDATE

Speaking of votes, MAR CEO Andy Fegley and I drove to Sacramento last Tuesday to testify before the California Senate Housing and Transportation Committee in favor of Marin Assemblyman Marc Levine’s bill AB1537, which reduces the default housing density in Marin from 30 to 20 units per acre.

Heading into that hearing, the outcome was anything but assured.  The committee chairman, Mark DeSaulnier of Contra Costa County was openly against the bill.  His senior staffer on the committee was most definitely against the bill.  We were worried that it was going to die in the Senate committee.

Ultimately, the team from Marin, including Board of Supervisors President Kate Sears, plus one of the senior members of ABAG and several affordable housing advocates from Marin, along with MAR, was able to convince and prevail with most of the committee.  We were overjoyed that the vote was 8-1 in favor of the bill, with Chairman DeSaulnier being the lone dissenting vote.

The Senate will now be on recess through the end of July.  The matter will come up again before the Senate Appropriations Committee sometime in August, which is the last month of the 2-year legislative agenda.  MAR will continue to work with other stakeholders to make sure this important bill makes it to a full note on the Senate before adjournment.  MAR congratulates Assemblyman Levine for his progress so far, and we’ve been delighted to be part of the process.

Today is also the official “halfway” point of my presidency at MAR.  It’s been an honor to serve the MAR membership community.  I’m hopeful for the second half of 2014, and I expect that we will keep the momentum going forward!

I’ll leave it at that for now, as the quiet season is upon us here in Marin.  Hoping to see many of you at the Marin County Fair this weekend.  Still trying to convince Heather that Night Ranger on Saturday is the right call.

Safe travels to all for this upcoming holiday weekend!  Happy Birthday USA!  And GO TEAM USA in tomorrow’s World Cup match with Belgium!

I wish you a safe and prosperous week!

Blaine Morris

2014 MAR President

Sewer Wars of 2014 – The Day the Music Died – MAR Monday Memo 06/23/14

By Uncategorized

Good morning MAR members! Blaine Morris

What a week…what a week… Near perfect weather here in Marin obscured the storm clouds that are developing around those of us that practice real estate here in Marin…

Long memo this week, my apologies in advance.

In the summer of 1972 as a six-year-old, I remember driving up to Red Rock swimming hole above Santa Barbara with my mom and one of her friends and a bunch of kids in a station wagon. A new song by Don McLean, “American Pie” was playing on the radio and all of us in the car were singing along with the chorus…a summertime memory for the rest of my life! It starts out with ” A long long time ago…” and later leads into the chorus with “The Day the Music Died…”

I heard that song on the radio a few weeks back. I had not heard it in a long time, and the long ago summer memories came flooding back. As it can be with songs like this, I just couldn’t shake it, and it was clanging around in my head for weeks…to the point where you want it to go away.

It all came together this week with a pair of developments in what we may look back upon as the “2014 Summer of Sewer Wars” here in the Marin real estate community. We just might look back fondly on the recent past as “a long long time ago” and realize that “The Day the Music Died” was on or about June 14, 2014, at least as it relates to what we may remember as “easy” Real Estate transactions in the Ross Valley. I’ll get to that in a minute.

LARKSPUR SCRAPS STATION AREA PLAN

First up, how about some good news? Last Wednesday night, the Larkspur City Council voted unanimously to scrap the controversial Station Area Plan, with its 900+ units of high-density housing at Larkspur Landing. While MAR never took an official position on this plan, we have been watching it very closely because so many members of the community were dead-set against it. Well beyond Larkspur itself, the Station Area Plan was being debated in Kentfield, San Anselmo and Fairfax. When the candidates for Marin County Supervisor came before MAR to seek our endorsement in the June election, MAR implored all of them to show leadership on the issue, as it was going to affect all of us, not just Larkspur residents.

In a big surprise, the elected leaders of Larkspur heard the collective voice of the community. Well done! Score another win for MAR’s stated policy of favoring local control over planning decisions vs. top-down dictating of local planning from agencies like ABAG. From Marinwood to Fairfax to Larkspur, Marin is rightfully taking back control of local planning decisions.

SEWER WARS OF 2014

Now, on to the 2014 Summer of Sewer Wars. I’m sorry I have to keep talking about this decidedly unsexy subject, and the metaphors flow like spring water. In a nutshell, something really hit the fan this past week.

MAR has been closely watching the activities of both the Sewerage Agency of Southern Marin (SASM) and the Ross Valley Sanitary District (RVSD). Both are in a heap of trouble over sewage spills over the past number of years. SASM has been soliciting MAR’s input on a draft ordinance mandating point-of-sale sewer lateral inspections. At the same time, we’ve been aware that Ross Valley has been working to uphold the requirements of a cease-and-desist order (CDO) issued against them by the State Water Resources Control Board (State Water Board). We knew something was coming from them as well, but RVSD’s lack of contact with MAR made us believe that it was still crafting its plans.

On May 13th, RVSD’s General Manager Greg Norby responded to MAR’s CEO Andy Fegley’s letter voicing our concerns with the staff report issued in early April. Norby suggested that they get together to discuss RVSD’s plans for sewer lateral inspections. Andy immediately replied that was a great idea, and then set about to reach Mr. Norby to schedule the meeting. Andy emailed. And called. And emailed again. And called again. He was never able to reach Mr. Norby.

GRAND JURY REPORT ON MARIN SEWERS

On Tuesday, I received a call from the Marin IJ wanting to know what MAR thought about the recent Marin Grand Jury report that was released last Monday, chronicling “The Scoop on Marin County Sewer Systems”…the state of the sewer systems in Marin. The Grand Jury strongly advocated for point-of-sale sewer line inspections. The reporter knew that SASM was considering point-of-sale, and wanted to know what MAR thought. I agreed that Marin has a huge problem, but told him that MAR is strongly opposed to point-of-sale ordinances because it will take 40+ years to solve an immediate problem via point of sale.

I told the reporter that MAR leadership was planning to attend last Thursday’s SASM board meeting to voice our concerns to the entire board. The board was planning to vote on the model ordinance that night.

RVSD QUIETLY SCHEDULES VOTE

What I did not know was at that exact time, the RVSD board was quietly planning to vote on its own point of sale ordinance last Wednesday night. Again, MAR had diligently been trying to get up to speed with RVSD’s plans for over a month, but no calls or emails were returned. Also note that there was an election in the middle of all of this, with existing board member Pam Meigs up for re-election. Ms. Meigs put off voting on the recently-passed massive rate increase until the week before the election…where she finally voted yes.

The net of all of this is that late on Friday, June 13, RVSD posted its agenda for last week’s meeting, which included the CDO-mandated point-of-sale ordinance (NOTE: this was the first time the public was given a glimpse at the ordinance). And with virtually no public input, and less than 72 hours of business time, they voted to adopt this very ordinance the following Wednesday. The Marin IJ didn’t know about it. Heck, the IJ still hasn’t mentioned it. And RVSD really doesn’t even know what they voted for.

We immediately contacted RSVD and successfully made the case for postponing the implementation of the point-of-sale requirement. A 60-day postponement will be voted on Wednesday night. We have assurances from staff and RVSD President Mary Sylla that it will pass.

As we learn more, we will get more info to you.

SASM BOARD VOTES TO ADOPT POINT-OF-SALE

Which brings me to the culmination of all of our efforts to dissuade the SASM board to not vote to pass a
Model Ordinance mandating point-of-sale sewer lateral inspections in and around Mill Valley. At the SASM board meeting last Thursday night, MAR CEO Andy Fegley, MAR Board member Gene Laico, MAR past president (and current CAR Region 4 Chair) Katie Beacock and I all attended and testified against the proposed point-of-sale plan.

In a nutshell, the board heard us, and then went ahead and voted unanimously to pass their draft legislation. Now this plan needs to be voted on by the individual member sewer boards before it becomes law…so nothing changes for now. There will be more votes.

We all told them they needed a real plan to fix the problem now, not fix it over the next 40 years. One board member agreed with me that it’s just not politically viable to come up with a real plan. They also told us how much better their plan was going to be than the “terrible” plan that RVSD passed the night before. On that subject I can agree with them.

To SASM’s credit, they have taken MAR’s concerns into account: (1) upon receipt of the inspection, SASM will commit to a 3-day turnaround to determine whether a lateral repair or replacement is required; and (2) the sale of the house can continue, but if a repair is mandated it must be completed within 180 days of COE.

The RVSD plan is murky on that aspect, with extremely vague language about when a repair needs to be completed…it’s a subjective decision about whether it needs to be done by COE.

WHAT THIS ALL MEANS

I would much rather have something better to tell you. The lack of transparency with the RVSD plan is amazing. They literally have no idea how they will implement it, but apparently they had to get a law on the books by June 30th to avoid sanctions and further legal action as a condition of the CDO. The language in the new ordinance is virtually a copy-and-paste of the language contained in the CDO with no thought of the practicality of the requirements. MAR will work with RVSD to mitigate the affects on homeowners and the real estate community.

If this ordinance were to go into effect next week as originally written, the most immediate outcome will be that the real estate business in the Ross Valley would slam to a halt until answers come from RVSD. And when I say Ross Valley, that’s Greenbrae, Kentfield, Ross, Larkspur, San Anselmo and Fairfax. That’s a pretty darn big chunk of the market in Marin.

So, as I said, we will all look back fondly on “A long, long time ago” when it was a far simpler time to close real estate transactions in Ross Valley. June 18th, 2014 may well be remembered as “The Day the Music Died”.

I really hate to be so corny…

That’s all for now.

I wish you a safe and prosperous week.

Blaine Morris
2014 MAR President

SASM Vote Thursday Night, Sunny Hills Services Community Support and Gumballs, MAR Monday Memo 06/16/14

By Legislation, Marin Association of Realtors, Marin Community News, Marin Real Estate News

Good morning MAR members!

Happy Summer (yes, I know it’s not until Saturday, but I try to extend summer however I can!).  I love planning summer;  the most pressing decision for me is:  Which day will I be attending the Marin County Fair?  Huey Lewis on Wednesday 7/2?  The Wailers on Thursday 7/3?  Night Ranger on Saturday 7/5?  Or Joan Jett on Sunday 7/6?  It’s a spirited discussion in our household, with Heather voting for Joan Jett, and I’m pulling for Night Ranger.  I pointed out that we saw Joan Jett at the Marin fair only a couple of years ago…to which Heather says, “So?”  Maybe we’ll just go every day, but I have a feeling I know who will win this little argument…

New this week:  Gumballs.  Personal property gumballs.  More on that later…

Also:  Sewer lateral point of sale SASM board meeting this Thursday, to vote on draft legislation.  More on that later too.

At the MAR Installation last December, I devoted much of my speech to the subject of service.  Service to each other, to ourselves and to our community.  Both the Marin community at large and to the real estate community as well.  I encouraged each of us to give of ourselves in service.

To that end, this year we created the MAR Community Service Committee, one that I hope will continue long after my term as MAR President is finished.  Judy LeMarr and Jennifer Boesel graciously offered to be the co-chairs and launch this committee, and the group has been meeting for much of the year working to get this off the ground.

Thank you to everyone who participated in Image for Success last month.  MAR supported the Women’s Council of Realtors and a number of brokerages, and the response was terrific.  By collecting clothes and accessories, our real estate community supported Image for Success, a non-profit organization, who provides wardrobes for disenfranchised men, women, and children transitioning towards self-reliance and/ or success in their careers.

Our next venture is Sunny Hills Services and their Guardian Scholars program for former foster children.  It’s a travesty with the county foster children program, which pretty much dries up support for these kids when they turn 18.  Really, how many 18-year-olds are prepared to support themselves while they work on their education and position themselves for a successful future?  A travesty.

Sunny Hills Services provides support to these kids.   Here is a link to their website:  http://www.sunnyhillsservices.org/   Sunny Hills and College of Marin have created a program to help emancipated foster kids, 18-21, make an easier transition into adulthood by providing housing and education.  The young adults will live at the San Anselmo site and go to school at COM.

This is a 3 year program with the initial launch of 8 newly renovated units this summer- July/August-working up to 24 units in the 3 years.  Each young adult will have their own bedroom and will share a communal kitchen area and living room.  These young adults have never had anything of their own and it will be very special to have this fresh start.  The items should be new or furniture gently worn.  Bedding, mattresses- twin long, kitchen items for starting a new household.

You can review the “wish list” here.   If you’d like to participate, please call Anastasia at Sunny Hills Services at 415-457-3200 or contactus@sunnyhillsservices.org.  You can drop off, or they can arrange for pickup.  And they’re hoping to have this in place by July 1, so time is of the essence.

Thank you, MAR members, for supporting your community!

Now, on to the weekly sewer lateral update!  Super exciting stuff, I know!  Thanks to all of you who participated in MAR’s Red Alert to the leadership of the Sewerage Agency of Southern Marin (SASM) last week.  Over 150 of you participated, which resulted in over 800 letters going out to the SASM Board and leadership.

SASM will be meeting on Thursday night to vote on adopting draft legislation mandating point of sale sewer lateral inspections for Mill Valley and the surrounding area.  MAR had invited SASM to meet with our Government Affairs committee prior to the vote.  They had not responded to that invitation until the Red Alert went out this week.  Late on Wednesday night, SASM contacted MAR CEO Andy Fegley and asked if they could come to last Friday’s committee meeting.  Of course, we cleared the agenda and had them in.

Attending the meeting were SASM President Lew Kious and Mill Valley City Manager Jim McCann.  As you might imagine, it was a super spirited meeting…  Mr. Kious and Mr. McCann were gracious enough to give MAR 90 minutes of their time, and they certainly got an earful.

They sure do sound intent on pushing this through.  MAR’s position is that if this is such an emergency and a public health matter, then the agency should come up with a 20-year plan that addresses the problem throughout the community, and not relying on the real estate community to do their implementation.  Frankly, by singling out property owners who are selling, they are discriminating against these very citizens.  If it’s a problem, it’s everyone’s problem, not just those who are selling their house.

We agree, it’s a big problem.  A public health crisis.  So why is it only getting addressed by those who are selling their house?  SASM needs a real plan, a holistic plan for the entire community.  I asked if the reason that there wasn’t a more comprehensive plan was because raising the rates to deal with it was not politically viable?  They didn’t really answer the question, but I got the strong impression that was the exact problem.

Doing point of sale inspections will take 47 years in Mill Valley for all the housing to turn over and to solve the problem.  I also pointed out that as a best practice most of the real estate community is already doing sewer lateral inspections.  Mandating it via point of sale is going to insert a bureaucracy into a process that’s already happening.

SASM claims it’s not a big deal, because the real estate transaction will be able to close, and the repair just needs to occur within 6 months.  We asked how long it would take for SASM to review the reports and lateral video to determine whether it’s a mandatory fix or not, and they did not know.  This means that there will be (1) a mandatory inspection and report; (2) a possible mandatory fix; and (3) a currently undefined turnaround on when SASM decides whether the repair needs to take place or not.

We explained to them that this loose end about SASM deciding whether the repair needs to take place will grind escrows to a halt while we all wait for the results of the bureaucratic review.  It’s a $5k, $10k, even $20k swing in the transaction that needs to be accounted for, and they were not sure how long it would take to get back to everyone on whether a fix is needed.

This is unacceptable.  SASM needs a real plan to fix this problem across the community.  MAR is strongly against point-of -sale as the solution.  I intend to attend the SASM board meeting this Thursday, and I encourage MAR members to do the same.

Enough on that.

Now, about those gumballs…  I was fortunate to put a lovely piece of property into escrow for a San Francisco family this past week.  They were overjoyed, it’s the perfect place for the couple and their 5-year-old son Oscar.  Oscar’s mom told him on Tuesday night that they had finally won out, and that they were going to be moving soon.  Oscar asked which house it was, and his mom told him.  “Is that the house with the gumball machine?” Oscar asked???  Yes, it’s the house with the gumball machine.  This house had an antique gumball machine in the garage with the much of the owner’s personal property.

Upon hearing of Oscar’s affection for the gumballs, the owner graciously offered to leave the gumball machine for Oscar.  As you might imagine, Oscar and his parents are thrilled, each for their own reasons.

Once again, that’s what it’s all about.

And that’s it for now!

I wish you a safe and prosperous week.

Blaine