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Sewer Lateral Update, Drone Photography and Novato Tour Meeting Feedback, MAR Monday Memo 07/14/14

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

Good morning MAR members!

It “needed killing.”

That phrase was ringing in my head for much of this week, and I tried to remember where I’d first heard it.  I wasn’t sure if it was in a movie, or some comedian, or what.

Upon a Google search, the second entry was the trusty Urban Dictionary, and I figured I’d leave it right there:

“Needed killing.  A regional term in the South and Southwest.  A person can become such a trial and burden on those around him that when someone finally shoots him, everyone who knew him says, ‘Well…He needed killing.’  It was often used in reference to outlaws when word arrived of their deaths.”

More on that in a moment.

A very busy week for everyone.  My office sure was humming with activity this week.  There were a lot more new listings than I’d expect in the second week of July, coming out of the holiday weekend.  It seemed more like a week in the fall with all the new places to go see.

Congratulations to our friends in Germany!!  Big win for them yesterday.  What fun the World Cup has been this past month.

SEWER POINT-OF-SALE UPDATE

MAR President-Elect Matt Hughes, Secretary Yoko Kasai, CEO Andy Fegley and I had a very productive meeting with Ross Valley Sanitary last Tuesday.  We are trying to get our arms around the ordinance they passed last month, with almost no public input, three business days after they announced the vote on their website.

Frankly, RVSD itself is trying to get its arms around what it passed.  We kept bringing up questions, many of which they had no answers for.

The cold, hard facts are these:  it’s going to get ugly.   And when it does get better, it’s still going to be tough.  We close around 500-600 properties in the Ross Valley Sanitary District every year.  When the new ordinance goes into effect on September 1 as it’s currently written, every single family home in the RVSD will need to (1) get a “pressure test” with an RVSD official present; (2) RVSD’s estimate is that 85% of the laterals will fail the “pressure test”, and will then need a camera inspection, also with an RVSD official present; (3) the findings of those inspections will need to be reviewed by the chief engineer of the district, who will determine if and when a replacement needs to occur; and (4) it’s unclear if the repair will need to be completed before COE.

The staff at the district doesn’t seem too keen on mandating a completed fix before COE, but the banks may well require that fix.  The ordinance is vague on this subject.  500-600 pressure tests, 500-600 camera inspections, and 500-600 determinations of whether it needs to be fixed or not, and (given their 85% failure rate) 425-510 sewer laterals replaced per year.

All starting on September 1 of this year.  About 45 days from now,

Aside from the RVSD bottleneck, who in the world is going to do all of these inspections, reports, reviews, and repairs?  RVSD currently has one person for on-site inspections.  They will be hiring one more.

The upshot is that they are finally seeking our input…after they passed the legislation with no input.  We will have several more meetings of the working group, and hopefully they will come up with policy and FAQ’s on the subject.  They have also agreed to a meeting with the entire membership for a big Q&A session.

It’s going to be tough.  I’ll keep you updated.

DRONE PHOTOGRAPHY UNDER ATTACK

Yes, folks, that’s right.  The Wild West of drone photography is getting regulated.  Last summer, my wife received a call from a friend, who just had a drone crash into her roof, damaging the roof.  Earlier this year, a woman in San Quentin Village contacted me, angry about a drone being used to photograph a nearby house, and flying right over the large clear skylight above her bathtub.  She was angry about this invasion of privacy.

More and more of us are using drone photography as a service to our clients.  It’s been a rather revolutionary new offering.  Last week, two articles on this subject came to my attention:

The first CLICK HERE announces that the FAA is going to regulate “amateur/hobbyist” drone pilots who use them to take pictures of properties for sale.  They are contending that taking property pictures represents commercial activity, and thus will require a license and assorted regulation.  This means you, if you’re flying your own drone.

The second CLICK HERE has my broker Coldwell Banker’s parent company, NRT, not only agreeing with the FAA, but according to Forbes also now completely recommending against using drone photography at all…even that which is professionally done.

This is a new chapter in broker risk management, and MAR has no position on the matter…but we wanted to make you aware of some of the rumblings around the industry.

NOVATO TOUR MEETING FEEDBACK RESULTS

“Your voicemail is almost full…”  Don’t you love it when the nice woman’s voice from AT&T or Verizon tells you that?   She and I were in touch this week.  You folks chimed in on last week’s question…in detail.

Which brings me back to “He needed killing.”  Referring back to the Urban Dictionary definition, it seems that the Novato Tour meeting has “become such a trial and burden on those around” it.

For those of you who missed my memo from last week, I was recently approached by a number of Novato agents wondering if the Novato tour had run its course.  Not being a regular attendee, I put it out to the membership:  Is the Novato Tour meeting still useful?

A full 45 of you felt compelled to contact me directly, in addition to the approximately 10 folks I’d spoken with about it prior to last week.  You emailed, you called, you texted.  One of you told me that it was a topic of discussion at your weekly office meeting, with an overwhelming consensus.

Two of you supported the meeting going on as it does now.

Everyone else pretty much dislikes the meeting, 50+ of you.  Many of you absolutely, positively despise the meeting.  I heard from brokers.  I heard from managers.  I heard from agents. I heard from assistants.  I didn’t hear from many affiliates.

The responses were about 65% from Novato agents, plus a few agents who live in Novato and work somewhere else in the county but still do a large chunk of their business in Novato.  The balance were Central and Southern Marin agents.

Here are the gripes, in descending order of frequency:

-It’s not useful.  I specifically asked if it was, and nearly everyone used these or some form of those words.

-It’s not a good use of my time/it makes it hard for me to get to my broker’s open on time.

-They email the tour out to everyone, so no one goes to the meeting anymore.

-It’s only attended by people with open houses that day and affiliates.  Very few agents who don’t have a property to be held open come to the meeting…often none.  And the agents who do come to the meeting have a house to hold open, so they don’t come to my open house.

-It used to be more useful with relevant guest speakers from the city, etc, but not much anymore.

-Very regularly, properties are listed on the Novato tour and are not on the MLS tour.  That was one of the most passionate gripes, both from those who are sore that they miss out on listings if they don’t go to the meeting, and those who feel that it’s a disservice to sellers to not have the broker tour on the MLS and thus exposing it to the largest agent pool.

-Some of the Novato agents and managers said that it might not be as welcoming to non-Novato agents as it should be.  A little clubby.   Some of the Central and Southern Marin agents expressed this in a few different ways.

-Who is in charge of the money that gets collected, and where does it go?  For some of you, this was a big question.

-We have wonderful technology, so the meeting might not be as relevant as it use to be.

-And the brokers and managers talked about the effort and workload needed to keep it going.

Almost without exception, nearly everyone asked for the meeting to end.  Or begged for the meeting to end.

I still believe that there might be some of you who really love the tour meeting.  If you’re out there, it’s really is time to speak up.  Otherwise, you risk the rest of your colleagues shrugging their shoulders and saying, “Well, it needed killing.”

So I don’t know will happen next, but the preferred outcome seems to be shared by nearly everyone.  MAR does not sponsor nor control this meeting.  Maybe a monthly buy/sell meeting? But whoever is in charge of the meeting now knows what the membership thinks.

That’s it for now!

I wish you a safe and prosperous week.

Blaine Morris

2014 MAR President

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