HomeMy WebLinkAboutTC Agenda 2019-10-02 TOWN OF TIBURON
Tiburon Town Council
\ October 2,2019
Tiburon Town 1-1 all
1505 Tiburon Boulevard
Regular Meeting
<_
Tiburon, CA 94920
7:30 P.M.
TIBURON
TOWN COUNCIL
AGENDA
CALL TO ORDER AND ROLL CALL
Councilmember Fraser,Councilmember Thier,Councilmember\/Vchner,Vice Mayor Fredericks, Mayor
Kulik
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this time.
Please note however, that the Town Council is not able to undertake extended discussion or action on
items not on the agenda. Matters requiring action will be referred to the appropriate Commission,Board,
Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit
your comments to three (3)minutes.
PRESENTATIONS
P-1. 23r"Annual Heritage Preservation Award —The Ark Nc\vspaper,Recipient
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless a request
is made by a member of the Town Council,public or staff to remove an item for separate discussion and
consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor
and do so at this time.
CC-1. Town Council Minutes — Adopt minutes of September 4, 2019 special and regular meetings
(Department of Administrative Services)
CC-2. Town Council Minutes—Adopt minutes of September 18, 2019 regular meeting(Department of
Administrative Services)
CC-3. Resolution — Adopt Resolution in recognition of Chamber of Commerce Volunteer of the Year
(Department of Administrative Services)
CC-4. Investment Summary - Adopt investment stunmary for month ending August 31, 2019
(Department of Administrative Services)
CC-5. Town Investment Policy - Conduct annual revie\v and reaffirm Totivn's Investment Policy
(Department of Administrative Services)
COUNCIL DISCUSSION ITEMS
D-1. Amazon Re-Use Box Petition -- Over the past fe\v months, 7-mvn Councilmembers, as well as
Councilmembers in other Marin jurisdictions,have received correspondence urging the Councils
to support the`Amazon to Reuse Bo.x Initiative'proposed by local residents.We have placed.this
on the agenda as a discussion item to give Council the opportunity to provide input and
direction to staff as to how the)'Nvould like to proceed vwith this matter.
ACTION ITEMS
AI-1. Police Station Solar/Carport Structure -- Consider a revised proposal for installation of a solar
panel/carport structure at the Police Station through a Power Purchase Agreement (PPA)
(Department of Public Works)
AI-2. Town Council Committee Appointments - Consider making an appointment to the Marin
County Council of Mayors and Councilmembers ad hoc subcommittee on Climate Change and
Sea Level Rise(Department of Administrative Services)
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
WEEKLY DIGESTS
• Town Council Weekly Digests-September 20&27,2019
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting,please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
v,,,A'w.townoftiburon.org.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address,phone number and brief description of the requested materials and preferred
alternative format or auxiliary aid or service at least 5 days before the meeting.
Requests should be sent to the Office of the Town Clerk at the above address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportutlity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at,or prior to,the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out ofd order. No set times are assigned to items
appearing on the Town Council agenda.
CC-1
TOWN COUNCIL
SPECIAL AND REGULAR MEETINGS
DRAFT MINUTES
SPECIAL MEETING —6:45 P.M.
On September 4, 2019, the CoLmcil held a special meeting as follows:
CALL TO ORDER AND ROLL CALL
Councilmember Fraser, COunCilmember Thier. Colmcilmember Welner, Vice Mayor Fredericks,
Mayor Kulik
CLOSED SESSION
CONFERENCE WITH PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: 500 Tiburon Boulevard. Tiburon, California; APN's 055-093-06, 07, 08, 09
Agency Negotiators: Greg Chanis, Benjamin Stock
Negotiating Parties: Town of Tiburon and Richardson Bay Sanitation,District
Under Negotiations: Price and terms for possible property acquisition.
CONFERENCE WITH LEGAL COUNSEL,—ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government
Code Section 54956.9
ADJOURNMENT—to re;;alar meetiu;
REGULAR MEETING—7:30 P.M.
Mayor Kulik called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on
Wednesday, September 4, 2019, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUN.,CILMEMBL-RS: Fredericks, Kulik, Thier, Welner
ABSENT: COUNCILMEMBI. Fraser
PRESENh: EX OFFICIO: Town Manager Chanis, Town Attorney Stock,
Chief of Police Cronin. Director of Administrative
Service Sweitzer, Director of Community
Development Kwon, Senior Planner O'Malley,
"Down Clerk Stefani
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
Page 1 of'7
Tolwn Coznzcil Mi»utes #15-2019 DRAFT Septernbei•4, 2019
ORAL COMMUNICATIONS
Allison Pence, who works in Tiburon, recommended the Council consider a redesign of the bike
trail vegetation. She said there were several plant species growing there that should be removed
and hoped there had been discussion on preventative seeding with various streets projects.
Jane Pardin, Paradise Drive, expressed concern about wildfire threat and hoped the Council was
considering joining in on the county-wide JPA on wildfire prevention.
CONSENT CALENDAR
CGL Town Council Minutes—Adopt minutes of August 21, 2019, special and regular
meetings (Department of Administrative Services)
CC-2. 2000 Paradise Drive—Adopt resolution approving the Memorandum of Encroachment!,
between the Town of Tiburon and 2000 Paradise Drive (Caprice Restaurant) for valet
service (Department Of Public Works)
CC-3. Investment Summary—Adopt investment surnma►y, r'Month ending July 31, 2019
(Department of Administrative Services)
CC-4. 2020 Various Streets Project—,Award design contract to Pavement Engineering
Incorporated (PEI) (Department ofPiublic Works)
CC--5. 490 Ridge Road —Adopt resolution�partially,granting appeal of Design Review Board
approval subject to additional conditions(Community Development Department)
CC-6. Grand Jury Response—Approve Town'_s..response to Marin County Civil Grand .lury
Report titled: Mann's Telecoin Disconner{t(Office of the Town Manager)
Mayor Kulik removed Consent Calendar Item No. 1 and Vice Mayor Fredericks removed
Consent Calendar Item No. 2 for discussion:.
MOTION: To adopt Consent Calendar Item Nos. 3-6, as written.
Moved: Fredericks, seconded by Weiner
VOTE: AYES: Fredericks, Kulik, Thier, Wehner
ABSENT: Fraser
CC-1. Town Council!Minutes—Adopt minutes of August 21, 2019 special and regular
meetings (Department of Administrative Services)
Mayor Malik made amendments to a redundancy on Page 5 of the draft minutes.
MOTION: To adopt Consent Calendar Item No. 1, as amended.
Moved: Fredericks, seconded by Thier
VOTE: AYES: Fredericks, Kulik, Thier, Weiner
ABSENT: Fraser
Page 2 q f 7
Torrri Council Mint ties #15-2019 DRAFT September 4, 2019
CC-2. 2000 Paradise Drive— Adopt resolution approving the Memorandum of Encroachment
between the Town of Tiburon and 2000 Paradise Drive (Caprice Restaurant) for valet
service (Department of Public Works)
Vice Mayor Fredericks asked for a clarification of staff and Councilmember Thier stated her
intention to abstain fi-om the vote because she was not present at the Public Hearing.
MOTION: To adopt Consent Calendar Item No. 2, as written.
Moved: Weiner, seconded by Kulik
VOTE: AYES: Fredericks, Kulik, Weiner
ABSTAIN: Thier
ABSENT: Fraser
PUBLIC HEARINGS
PH-1. 130 Rancho Drive—Consider approval of an application for amendment to the Cypress
Hollow Precise Development Plan for an additiona1297square feet of floor area to be
constructed within the existing footprint of a single-faninily residence and to create a new
secondary building envelope; Resolution (Community Development Department)
Applicants: Michael Heckmann'-
Owners: Eric and Kate Morse
Assessor Parcel No.: 034-393-03i
Senior Planner O'Malley said the Council was considering an amendment to the Cypress Hollow
Precise Development Plan to increase the maximum Boor area and create a secondary building
envelope for an existing single-family dwelling. She explained the proposed addition to the
home, and the creation of a 320 square foot seconaty building envelope on the south side of the
property to add an elevated deck and exterior stairway.
O'Malley summarized the history of the Cypress Hollow Precise Development Plan and said
multiple amendments to the Plan have been approved to increase the maximum floor area limit
and to establish secondary building envelopes for the various lots. She reviewed staff's analysis
ofthe proposal and compared the application to the Town's standard zoning requirements. She
said the Planning Commission supported the proposed amendment.
Vice Mayor Fredericks requested clarification on the location of the additional floor area and the
exterior stairway. O'Malley explained the portion of the project already within the existing
envelope and which portion would move into the secondary envelope.
Councilmember Thier asked if any letters had been received or if similar projects had been
completed in the neighborhood. O'Malley said two neighbors had written in with their
acceptance ofthe project and she further explained that nine similar amendments had been
requested and approved for the Cypress Hollow Precise Development Plan since annexation.
Michael Heckmann, architect for the project, explained several details of the project and said
alternatives were reviewed, but all had a greater impact on the outdoor use of their home and the
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ToN,n Cozrzacil Mimeles P15-2019 DRAFT Septeinber 4, 2019
kid's play area. Ile said the new stairway seemed to be the least intrusive concept to achieve the
family's goals and noted that neighbors on both sides of the home have reviewed the proposal
and had no comments or objections.
Mayor Kulik opened the floor for public comment. There was none.
Vice Mayor Fredericks said the Town has historically approved projects similar to this one and
supported the proposal.
Mayor Kulik said the Town is appropriately cautious when amending Precise Development
Plans, and the Council agreed the proposal was a sensible amendment that is consistent with
what has been done elsewhere in the neighborhood.
MOTION: To adopt the Resolution reaffirming thatthe.project is exempt from CEQA and
conditionally approving the Precise Develop►nent Plan amendment for Lot 12 of
the Cypress Hollow Subdivision.
Moved: Fredericks, seconded by Thier
VOTE: AYES: Fredericks, Kulik, Thier, Welner .
ABSENT: Fraser
PH-2. Unmanned Aerial Systems ("UA�S") Regnla,66i s—Consider municipal code
amendments that would regulate operation of UAS (commonly known as drones)—
Introduction and first reading of ordi,'gd nee
Town Clerk Stefani said the Council had p►ev►ously:adopted an ordinance regulating the
operation of unmanned aerial systems (drones)=in Tiburon in response to an incident at a local
public school. She said soon after adoption, the Town received several letters expressing concern
about the ordinance.She said staff has reviewed the ]Otters and has returned to the Council
tonight with recommended revisionis to the ord, finance.
Mayor Kulik opened the floor for public comment.
Kevin Hessel,the Ark newspaper, spoke in opposition to the proposed ordinance, and believed
the regulation discussing intent to photograph school grounds should be stricken entirely because
it violates the First Amendment. He said the draft ordinance is overreaching, not narrowly
tailored and the Town Idoes not have the authority to impose such regulations. He said the
ordinance would essentially ban FAA-compliant drone journalism.
Nancy Lynch, Superintendent of Reed Union School District, thanked the Council for
prioritizing the safety and security of the students and noted that all visitors to a school campus,
including press, must register in their office. She spoke in support of the revised ordinance.
Mayor Kulik closed the floor for public comment.
Vice Mayor Fredericks believed the ordinance to be appropriate and protects school children
from safety hazards from drones operating from unidentified launching areas fi-0111 unidentifiable
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Totinn Council Minztles 41 i-2019 DRAFT September 4, 2019
persons. She felt the requirement for operators to identify themselves and seek permission to
operate was appropriate and supported the ordinance.
Mayor Kulik spoke of the Council's priority to protect the safety of children. He noted the
provision in the ordinance that regulates against knowingly and intentionally operating a drone to
record or transmit images without permission. He felt satisfied with this language and supported
the ordinance.
COUnclhnember Thier said the Council removed sections of the ordinance in response to the
concerns raised. She said the Council had worked with the Town Attorney to craft a more;
narrowly tailored ordinance that addresses the school's concern directly. She emphasizedthe
importance of protecting local children and ensuring their photographs are not being used
Without their permission and supported the ordinance.
Councilmember Welner said he was willing to support the'o_rdinance but asked the Council for
input on two possible revisions to narrow the ordinance further,., He suggested adding language to
indicate a 400-foot ceiling, to ensure consistency with the rest:ofthe drdinance, and/or adding an
additional horizonal buffer around school property.
Fredericks did not agree with adding a horizontalbuffer around school property and supported
the ordinance as drafted. Mayor Kulik agreed and reiterated his satisfaction with the inclusion of
"intentional operation".
Councilmember Thier agreed,that adding a 400-£t ceiling may be appropriate, and the rest of the
Council ultimately agreed. She requested adding an Exemption for press.
MOTION: To introduce the ordinance and read by title only, as amended.
Moved: Fredericks, seconded by Thier
VOTE: AYES: Fredericks, Kulik, Thier,Welner
ABSENT: Fraser
Mayor Kulik read "An Ordinance ofthe Town Council of the Town of Tiburon Amending
Chapter 25-4 to the Tiburon Municipal Code Imposing Safety Requirements on the Operation of
Model Aircraft and to Impose Restrictions Consistent with Certain Federal Aviation Rules on the
Operation of Both Model Aircraft and Civil Unmanned Aircraft Systems (UAS), Commonly
Known as Drones", as amended.
ROL CALL VOTE: AYES: Fredericks, Kulik, Thier, Welner
ABSENT: Fraser
ACTION ITEMS
AI-1. Parking Agreement—Consider approval of a Parking Lot Operation Agreement
between the Town and ACV Argo Tiburon, and adoption of a Resolution authorizing the
Tiburon Police Department to regulate the parking of vehicles on an Off-Street Parking
Facility (Office of the Town Manager)
Page 5 of 7
7'oii,n Coza7cll illlinz.rtes #15-2019 DRAFT September 4, 2019
Town Manager Chanis reviewed a proposal for a modest agreement with ACV Argo Tiburon,
the company that owns two parking lots in downtown Tiburon, that would allow the Town to
take a more active role in management of these lots.
He said the Town's responsibility in the agreement would be to provide routine maintenance to
the lots, litter control, minor landscape maintenance and enforce parking regulations. He said the
Town would retain enforcement revenue.
He said ACV Argo's responsibility would be the completion of major repairs and to,provide a
short-term parking program in their fee structure. He said the Town would also be provided_,
parking spaces for employees, the ability to install electric vehicle charging stations and ability
to utilize the parking lots for up to five special events per year.
Vice Mayor Fredericks asked if the new rate structure Would still accommodate bus or ferry
commuters that park in the lot(s) all day. Chanis said commuters will be able to purchase a
monthly pass.
COUncilmember Thier recommended the Council consider adding a clause to the agreement that
any electric vehicle charging stations that the Town might install not beprivatizedifthe
agreement is terminated. The Council discussedd several possible ways to accomplish this.
Mayor Kulik noted that all benefits granted td the Town by this agreement are new benefits, and
the Town currently has no privilege over either,.of these lots. He commented that the a<-reement
may also help the library comply with a required=condition of approval Tor nearby short-term
parking and could evenassist with,„parking issues that may arise during the library
reconstruction.
Councihnernber Weiner expressed concern that the parking fee structure, negotiated to include a
free hour of parking, was not methorial"ized appropi-iately as part of the agreement. The Council
agreed add itio► al language wound be appropriate.
Mayor KUlik opened the floor for public comment. There was none.
The Council discussed authorizing the Town Attorney to negotiate an amended agreement based
on incorporating language to better-,memorialize the free hour of parking. The Town Manager
said the agreement would come back to the Council for- review if the two parties could not agree
on terms.
MOTION: To adopt the Resolution, as amended, and authorize the Town Attorney to
negotiate a new draft agreement incorporating the Council's direction and
authorize the Town Manager to sign the amended agreement.
Moved: Thier, seconded by Fredericks
VOTE: AYES: Fredericks, Kulik, "Thier, Weiner
ABSENT: Fraser
TOWN COUNCIL REPORTS
Page 6 of 7
Torun Council Minutes #15-2019 DRAFT September 4, 2019
None.
TOWN MANAGER IZEPOR'T
None.
WEEKLY DIGESTS
Received.
ADJOURNMENT
There being no further business before the Town Council of the Town of TNu-on, Mayor Kalik
adjOUrned the meeting at 8:45 p.m.
DAVhD KULIK, MAYOR
ATTEST:
LEA STEFANI, TOWN CLERK
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7'orr1? COt!]9Cii Nlinartes #15-2019 DRAFT September-4, 2019
CC-2
TOWN COUNCIL
SPECIAL AND REGULAR MEETINGS
DRAFT MINUTES
Mayor Kulik called the regular meeting of the TibLu-on Town Council to order at 7:30 p.m. on
Wednesday, September 18, 2019, in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Fredericks, Kulik, Thier Weiner
ABSENT: COUNCILMEMBERS: Fraser
PRESENT: EX OFFICIO: Town Manager,Chanis, Town Attorney Stock,
Director of Cornnrunity'Development Kwon, Senior
Planner O'Malley, Town Clerk Stefani
ANNOUNCEMENT OF ACTION TAKENJN CLOSED SESSION,IF ANY
ORAL COMMUNICATIONS
George Barnard, asked the Council to cons ider,adopting a version of the single-use plastic
ordinance currently being considered throughout,Marin'County.
CONSENT CALENDAR
CC-I. Municipal Code Amendments—Adopt amendments to Chapter 25 of the Tiburon
Municipal Code relating to unmanned aerial systems (UAS), or drone, operations in the
Town of Tiburon (Department of Administrative Services)
CC-2. Local Emergency-Adopt Resolution continuing the declaration of a local emergency
related to damage caused by February 2019 storms (Office of the Town Manager)
CC-3. 5 Main Street—Adopt Resolution approving the Memorandum of Encroachment
between the'l'own of Tiburon and 5 Main Street (Mina TBD Restaurant) for valet service
(Department of Public Works)
Town Manager Chanis removed Consent Calendar Item No. 3 (5 Main Street) and said the item
would he brought back to the Council at a future meeting.
A in ember of the public requested Consent Calendar Item No. l (Municipal Code Amendments)
to be removed for discussion.
MOTION: To adopt Consent Calendar Iter No. 2, as written.
Moved: Fredericks, seconded by Welner
Page 1 (?1'3
Tom)n Council Mimics #16-2019 DRAFT September 18, 2019
VOTE: AYES: Fredericks, 1<ulik, Thier, Welner
ABSENT: Fraser
CC-1. Municipal Code Amendments—Adopt amendments to Chapter 25 of the Tiburon
Municipal Code relating to unmanned aerial systems (UAS), or drone, operations in the
Town of Tiburon (Department of Administrative Services)
Mayor Kulik opened the floor for public comment.
Kevin Hessel, the Ark newspaper, spoke in opposition to the proposed ordinance. He spoke about
the difficulty to enforce the provision discussing intent to photograph; uncooperative offender's,
of the ordinance, and thanked COUncilmember Thier for her previous request to include a iuedia
exemption in the ordinance. He said the local press cannot rely'on the ability to seek permission
from school officials and commented that he has not seen any public sup
,port, the ordinance.
A Greenwood Beach Road resident said many people find drones aggravating and an intrusion of
privacy. He said he appreciates the concept of freedom of press but was opposed to any
legislation that would grant additional authority for drones to operate,
Councilmember Wehner commented that the burden of proving would
likely fall upon the Town, and therefore the ordinance is more narrowly:tailored and would serve
as a benefit.
Councilmember Thier made a motion to revise the ordinance to include an exemption for the
press in the event of an emergency„or where advance notice and permission from school officials
is not possible. Councilmember Weiner seconded the motion.
Vice Mayor Fredericks disagreed and made a substitute motion.
MOTION: To adopt Consent Calendar Item No. 1, as written.
Moved: Fredericks, seconded by Weiner
VOTE: . , AYES: Fredericks, Kulik, Thier, Welner
ABSENT: Fraser
ACTION ITEMS
AI-1. General Plan Update and Environmental Analysis—Review and provide comments
on Draft Request for Proposal (RFP) for General Plan Update and Environmental
Analysis (Conri1unity Development Department)
Director of Community Development Kwon said a comprehensive update of the Town's General
Plan was forthcoming, but staff is recommending a complete update of the Housing Element, due
by the end of 2022. He said staff would like to hire a consultant to assist with public outreach
and the environmental analysis. He asl<ed the Council to review the draft Request for Proposal
and provide any comments.
Page 2 qf3
Toiim Council Minutes 916-2019 DRAFT September 18, 2019
Vice Mayor Fredericks noted that there were several pieces of pending legislation that would
likely impact the Town's General Plan.
COL►nellmember Thier recommended staff maximize public outreach on the plan as much as
possible, and asked staff to work with the consultant on updating the scope of work to include
several of the "optional items" as part of the minimum requirement.
Councilmember Welner said staff and the Council should do as much as possible to convey to
Tiburon residents that their input is important for this update.
Mayor Kulik recommended the consultant particularly emphasize sea level rise and vegetation
management for wildfire mitigation as the Tiburon peninsula is;particularly vulnerable to those
elements.
Mayo- Kulik opened the floor for public comment. There was none.
Direction given.
TOWN COUNCIL REPORTS
Vice Mayor Fredericks reported on the Marin County Council of Mayors and COnnClhnembers
Legislative Committee's latest position letters on various items;of housing legislation.
TOWN MANAGER REPORT
None.
WEEKLY DIGESTS
Received.
ADJOURNMENT ,
There being no further business before the Town Council of the Town of Tiburon, Mayor Kulik
adjourned the meeting at 8:10`p.m. _
DAVID KUL1K, MAYOR
ATTEST:
LEA STEFANI, TOWN CLERK
Page 3 of3
Tow)? Council Minutes #16-2019 DRAFT September 18, 2019
Town Council Meeting
October 2, 2019
TOWN OF TIBURON
1505 Tiburon Boulevard Agenda Item: CC - 3
Tiburon, CA 94920
11 e .
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Recommendation to Adopt Resolution
r
�t
Reviewed By: r ;
w N/A
Greg Chanis,Town Manager Beniamin Stock,Town Attorney
SUMMARY
The Council will consider adoption of a Resolution honoring the Tiburon Peninsula Chamber of_,
Commerce Volunteer of the Year, Erin Burns.
RECOMMENDED ACTION(S)
1. Adopt the Resolution, attached as Exhibit 1.
BACKGROUND
The Tiburon Peninsula Chamber of Commerce has named Erin Burns as its 2019 Volunteer of the
Year. Erin in a lifelong Tiburon resident that has been selected as Volunteer of the Year due to
her commitment to volunteerism and community service in the Tiburon community.
Erin will be recognized at the Annual Spirit of Marin Awards luncheon in October, and will be
presented with the Town's resolution at a luncheon in November.
ANALYSIS
No further analysis provided.
FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town by adoption of this item.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item i,, statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA.
TOWN OF TIBURON PAGE 1 OF 2
RECOMMENDATION
Stakrecommends that the Town Council adopt the Resolution, attached as Exhibit 1.
ExNb*s):
1. DRAFT Resolution
Prepared By: Lea Stefani,Town Clerk
11)w'N OF TI BL R07' PAGE 2 OF 2
EXHIBIT 1
DRAFT RESOLUTION NO. XX-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TI13URON
COMMENDING ERIN BURNS UPON HER SELECTION AS "THE
TIBURON PENINSULA CHAMBER OF COMMERCE
2019 VOLUNTEER OF THE YEAR
WHEREAS, Erin Burns, a native daughter of Tiburon, brew up at the Hilarita with three siblings
and her parents, where she still resides today; and
WHEREAS, Erin's parents instilled in her a strong sense of responsibility to work for the
betterment of their neighbors, and spent her childhood practicing community service, particularly
devoted to those less fortunate than her and her family; and
WHEREAS, Erin continues to show commitment to her local community at the Hilarita by
taking on service projects such as developing a public food pantry, coordinating earthquake
preparedness education for children and creating disaster survival kits for seniors; and
WHEREAS, Erin also demonstrated exceptional leadership skills as President of the Hilarita
Resident's Association; and
WHEREAS, Erin's devotion toward community service is not limited by the walls of the Flilarita
as she has also shown incredible dedication to her position on the Belvedere-Tiburon Joint
Recreation Board of Directors and as co-founder of All In, a local program designed to support
low-income families; and
WHEREAS, as part of her work for All In, Erin helped organize a summer shoe drive, a back to
school fair, a Thanksgiving meal drive and fundraisers to send Tiburon Peninsula children to
summer camp at The Ranch; and
WHEREAS, Erin ran a wildly-successful fundraiser for All In, with an unprecedented one-
hundred percent participation rate, with generous encouragement and support fi-0111 the
Foundation for Reed Schools, the Tiburon Peninsula Foundation, and the Belvedere Community
Foundation; and
WHEREAS, Erin further shares her talents and passions with the community as Executive
Director of the Osher Marin Jewish Community Center's Tiburon preschool; and
WHEREAS, Erin says her philosophy is simple, that one is always better off than someone else,
and helping one's neighbors should be as necessary as breathing; and
WHEREAS, the Town Council of the Town of Tiburon hereby affirms Erin's great passion for
service, leadership and volunteerism is matched by her outstanding commitment to the Tiburon
c01111MInity.
NOW, THEREFORE, BE JIT RESOLVED that the Town Council of the Town of Tiburon hereby
commends Erin on her well-deserved selection as the Chamber's 2019 Volunteer of the Year,
and expresses its sincere appreciation to Erin for her continued contributions to the quality of life
in the Town of Tiburon.
Page 1 of 2
Toli'n Council Resolarlion No. YY-2019 DRAFT 1010212019
PASSED AND ADOPTED on this 2"d day of October, 2019, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
DAVID KULIK, MAYOR
ATTEST:
LEA STEFANI, TOWN CLERK
Page 2(?1'2
Tolvn Cowicil Resolution No.xx-2019 DRAFT 1010212019
Town COuncll Meeting
TOWN OF TIBURON October 2, 2019
1505 Tiburon Boulevard Agenda Item: CC- 4
Tiburon, CA 94920
Met
To: Mayor and Members of the "Town Council
From: Department of Administrative Services
Subject: Recommendation to Accept the August 2019 Investment Summary
Reviewed B
y: & N/A
Greg Chanis,Town Manager Benjamin Stock,Town Attornev
SUMMARY
Staff provides the Town Council a monthly report on the Town's investment activity. This report
is for the month ended August 31,2019.
RECOMMENDED ACTION(S)
1. Staff recommends that the Town Council:
Move to accept the Investment Summary for August 2019
BACKGROUND
Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town's investment activities for the period ended August 31, 2019.
ANALYSIS
August 2019
Agency Interest
Investment Amount Rate Maturity
Town of Tiburon Local Agency Investment 522,796,979.28 2.341`% Liquid
Fund (LAIF)—
Beginning Balance as of
06/01/2019
Total Ending Balance as of $21,996,979.28
06/30/2019
The total invested at the end of the prior month vN as $22,796,979.28 therefore; the Town's
investments decreased by $800,000 over August 2019. Interest is posted by I..All- quarterly.
TOWN OF TIBURON PAGE I OF 2
Attached as Exhibit I to this report is the Town's Public Agency Retirement Services August
2019 Statement for its Section 115 Irrevocable Trusts for Other Post-Employment Benefits and
Pension.
FINANCIAL IMPACT
No financial impact occurs by accepting this report. The Town continues to meet the priority
principles of investing—safety, liquidity and yield in this respective order.
ENVIRONMENTAL, REVIEW
Staff has preliminarily determined that acceptance of this investment summary is statutorily
exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA.
RECOMMENDATION
Staff recommends that the Town Council:
Move to accept the Investment Summary for August 2019
Exhibit(s):
1. PARS Section 115 Trust Account activity for August 2019
Prepared By: Suzanne Sweitzer,Director of Administrative Services
Tol\x 01,Tlsutzou PAG1 2 OF 2
EXHIBIT 1
I$Ei,; i
l:
TOT11N OF Tt13URON Accomit Report for the Period
PA RS Post-L'mplol'rrtew Benefits Trust /1/21D79 to 8/31/2019
Greg Chanis
I'o%wn Manager
Town 01"1'ihur(m
1505 Tiburon Blvd,
Tiburon,CA 9492.0
Accoueat.Surlaalaury
Beginning Saltnree as Ending
of
Bal:utee ac of
Source ti11/2019 Contributions Earnings Expenses Distributions transfers 8131!21119
(AT13 $2,:,55,111,87 $0.00 -59,317.71 $490.65 $0.00 x;0.00 0,345,303JI
PENSION $1, 32,:3(15.39 $0.00 $11,786.32 $277.57 $0.00 $0.110 $l,343,874.III
Totals $3,687,477.26 $0.00 $2,4168.61 $764.22 $11.00 .'50.00 53,689,177.65;
uvowneaat Selectaoaa
Source
OPER Balanced Lidex I'LUS
ITNSION Conscrvat6cIndex PLUS
Invesbnew®bJecdve
9oureo
The dual goak oflhe Ralaneed St auggy are growth of principal and income.While dividend and interest income rte an irnportaol component of
OP613 the objective's total r€slur,it is expected that capital appreciation will comprise a larger portion of the total rcturn.The pol ublio will be alkmlled
between equity and fixed incollic iuvcstments.
I'li�+SIGN
I he dual iwak of die Moderately Conselvative Strategy are cm-rent income and moderate capital appreCalion. the major portion of the assets is
committed to income-producing securities.Market lluctualions should be expected.
hanestlaaesat Return
Annualized Return
Source-� �.-I-;Alonth 3.-%lonths 1-Year 3Nem s 5-fears 10-P(c-aI .®. Plan's Inception Date
OPHI 0.�9Y-u 'i. 5.45%
5.45°'0 7.66':n 9!15i2016
PFN510N 0.>SSS, x.71"0 8.35% 7/10/2018
Ir.lo n f�n a;pr i i b"('S 13 a k Tnnl, to PAMi Not 1 )IC hw—.d,No emk Guaranies, U:g Lose value
fast per III u1t,mce do>ll u rueircuee line rc insults. 11c,I n.,-i,d re!ums maq 1101 reflect the deduction of app]icable tees,which anAd reduce wtunis.Inforot.uion a dwoled r:li lble but m n lv;a.dsle,n to e vo"
Im'esunent Ncum_ Annualwd cIe .Telum is the remm cn:� incrslntcnl oyer a period oom Ih.m one var n altiph¢d or divided to camp:cable one rein,rcturn.
ACC."m lmhin-c are nwhisice of I usl Administration.ll'usie_and Intestment Pdana;zenuvn lira ,
1Ie i.,t ancrs-,2 A Ven Kmmm m.;te.,suite 100,Newporl 11each.CA 02660 800540.6369 Nx 949,250A 250
Town Council Meetin0
TOWN OF TIBURON October 2, 2019
1505 Tiburon Boulevard Agenda Item: CC - 5
Tibu1-011, CA 94920
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Reaffirm Town's Investment Policy for Fiscal Year 2019-20
Reviewed By: FX2
Greg Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
The Council is conducting its annual review of the Town's Investment Policy and adopting a
Resolution adopting the Investment Policy for Fiscal Year 2019-20. The Investment Policy is
unchanged since the last COlmCll review in 2018.
RECOMMENDED ACTION(S)
1. Adopt the attached Resolution (Exhibit 1)adopting the Town's Investment Policy
(Exhibit 2) for Fiscal Year 2019-20.
BACKGROUND
In 2017, the Town contracted with Sperry Capital to, among other things, conduct a thorough
review of the Town's Investment Policy and make recommendations on possible revisions.
Sperry Capital recommended a comprehensive update to the Town's Investment Policy, which
was adopted by the Council in September 2018 (Exhibit 2).
The purpose of the Investment Policy is to establish investment scope and objectives, delegation
of authority and to establish standards of prudence, ethics, risk tolerance and custodial
procedures. The policy includes a provision for Council to review the policy on an annual basis
to establish its applicability for each fiscal rear and as needed when revisions to the policy are
made.
The Council last reviewed the policy on 9/5/2018, when the policy was first adopted. It is now
timely for the Council to conduct its first annual review of the existing policy. No changes to the
policy are being recommended by staff at this time.
ANALYSIS
TOWN OF TIBURON PAGE I OF 2
By adoption of this item, the Council is establishing the Town's Investment Policy for Fiscal
Year 2019-20. The next review of the policy will take place in 2020 to establish the Investment
Policy for Fiscal Year 2020-21, or if any changes to the policy are made.
FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town by adoption of this item.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA.
RECOMMENDATION
Staff recommends that the Town Council adopt the attached Resolution (Exhibit 1) adopting the
Town's Investment Policy for Fiscal Year 2019-20.
Exhibit(s):
I. DRAFT Resolution Adopting Investment Policy for FY 2019-20
2. Investment Policy
Prepared By: Lea Stefani,Town Clerk
TowN OF TIBURON PA{It., 2 of 2
EXHIBIT 1
DRAFT RESOLUTION NO. XX-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE INVESTMENT POLICY
FOR FISCAL YEAR 2019-20
WHEREAS, the Town's Investment Policy sets forth investment guidelines for the
prudent management of all s1.11-plus funds ofthe Town and was last revised in 2018, and
WHEREAS, the Policy delegates authority for investing the Town's funds to the Town
Manager and Director of Administrative Services; and
WHEREAS, no revisions to the Policy have been made since 2018: and
WHEREAS, the Town Manager and Director of Administrative Services have reviewed
the policy and recommend the Town COlmell approve the attached policy for FY 2019-20.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby approves the Investment Policy for FY 2019-20 attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
'Tiburon on October 2, 2019 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
DAVID KULIK, MAYOR
ATTEST:
LEA STEFANI, TOWN CLERK
Page 1 of'l
Toii,h Coiiricil l?esohrlion No.X.Y-2019 DRAFT 10102 2019
EXHIBIT 2
INVESTMENT POLICY -September 5, 2018
I. PURPOSE objectives 1 and 2.
4. Diversification. Tiburon shall diversify
This Annual Investment Policy ("Policy") sets its portfolio to avoid incurring unreasonable
forth the investment guidelines for the prudent market risks and remain consistent with
management of all surplus funds of the Town of Objectives 1-3.
Tiburon and the Tiburon Public Facilities
Financing Authority (together "Tiburon"). It is III. PRUDENCE
the goal of this Policy to establish investment
objectives in accordance with the provisions of Tiburon Town Council Members, the Town
the State of California Governrnenr Code Manager, Director of Administrative Services
("Code") Sections 53600 et seq., and and the Town Treasurer, and any persons
investment policy guidelines to ensure that authorized to make investment decisions on
funds under its purview are prudently invested behalf of Tiburon, are trustees and fiduciaries
to preserve capital, provide necessary liquidity subject to the Prudent Investor Standard.
and to achieve a rate of return consistent with "When investing, reinvesting, acquiring, selling
Tiburon's needs and objectives. Investments and managing Tiburon funds, a trustee shall act
may only be made as authorized by this Annual with care, skill, prudence and diligence under
Investment Policy and subsequent revisions. the circumstances then prevailing, that a
Irrespective of these Policy provisions, should prudent person acting in a like capacity and
the provisions of the Code be or become more familiarity with those matters would use in the
restrictive than those contained herein, such conduct of funds of a like character and with
provisions will be considered immediately like aims to safeguard the principal and to
incorporated into this Policy. maintain the liquidity needs of the [Town]
(Government Code Section 53600.3)
II. OBJECTIVES
The Prudent Investor Standard shall be applied
Surplus funds, including available reserve funds in managing an overall portfolio. Persons
not required for expenditures within the next authorized to make investments for Tiburon
six months, shall be invested to the fullest and acting in accordance with written
extent possible in accordance with sound procedures and this Investment Policy and
treasury management principles, State of exercising due diligence shall be relieved of
California Government Code Sections 53600 et. personal responsibility for a particular security's
seq. and this Policy. credit risk or market price changes, provided
deviations from expectations are reported in a
The objective of this Policy is to ensure that timely fashion and appropriate action is taken
Tiburon's funds not required for the immediate to control developments.
needs of Tiburon are prudently invested to
ensure in order of priority: It is the intention of Tiburon's investment
strategy to buy and hold investments to
1. Preservation of Capital. The primary maturity. However, there may be exceptions
objective shall be to safeguard the principal of which may dictate exchanging one security for
the funds. another or selling a security before maturity.
2. Maintenance of sufficient liquidity. The This fine tuning of the investment portfolio is
secondary objective shall be to meet the considered part of prudent investment
liquidity and operating requirements of management.
Tiburon.
3. A market-average rate of return Investment in securities other than those
through economic cycles consistent with the permitted by this Policy, but permitted under
INVESTMENT POLICY -September 5, 2018
Section 53601, shall first be considered and brokers, dealers, bankers, or other persons with
authorized by the Council prior to investment. whom Tiburon conducts business.
The Policy will be amended to reflect this
authorization upon approval. VI. INVESTMENT GUIDELINES
IV. DELEGATION OF AUTHORITY Investments are to be made in high quality
securities or instruments as permitted by the
The Town Council is responsible for establishing Government Code Section 53630 and subject to
this Policy and the authority to manage the limitations of this Investment Policy.
Tiburon's investment program. This Policy shall Purchasing certain allowable securities with a
be reviewed annually and approve any changes maturity of greater than five years requires the
to the Policy at a public meeting. The day-to- approval of the Town Council which shall have
day managing, reporting and oversight of the been apprised of the risk and possible volatility
Tiburon's investment program is delegated to associated with longer-term investments.
the Town Manager and Director of
Administrative Services. No person may engage A. Eligible securities for investment shall
in an investment transaction except as provided include the following:
under the terms of this Investment Policy and
procedures established by the Town Council. 1. U.S. Treasury Securities
The Finance Committee of the Town Council will United States Treasury notes, bonds, strips, bills
be responsible for reviewing and monitoring or certificates of indebtedness, or obligations
Tiburon's investment activities and report to for which the full faith and credit of the U.S.
the full Council on a quarterly basis. A report of Government are pledged for the timely
investment activity will be presented to the payment of principle and interest.
Town Council on a monthly basis.
2. Federal Agencies and U.S. Government
V. ETHICS AND CONFLICTS OF INTEREST Sponsored Enterprises
Obligations, participations, or other instruments
The Town's Council, and those authorized to act of or issued by a federal agency or federal
on Tiburon's behalf for the investment of government sponsored enterprise. This
Tiburon's surplus funds shall refrain from includes, and is not restricted to, obligations of
personal and professional business activities the: Federal Home Loan Bank (FHLB), Federal
that could conflict with the proper execution of Home Loan Mortgage Corporation (FHLMC),
the investment program, or which could impair Federal National Mortgage Association (FNMA),
their ability to make impartial investment Federal Farm Credit Bank (FFCB), Government
decisions. Those authorized to act on Tiburon's National Mortgage Association (GNMA), Small
behalf are not permitted to have any material Business Administration (SBA), Export-Import
financial interests in financial institutions, Bank of the United States, and the U.S.
including state or federal credit unions, that Department of Housing and Urban
conduct business with Tiburon, and they are not Development.
permitted to have any personal financial or
investment holdings that could be materially 3. State of California and Local Agency
related to the performance of Tiburon's Obligations
investments. Registered State warrants, Treasury notes, or
bonds of the State of California, and bonds,
Council members and authorized staff shall not notes, warrants or other evidence of
accept honoraria, gifts, and/or gratuities, which indebtedness of any local agency of the State
are in violation of state law, from advisors, (including bonds payable solely out of revenues
INVESTMENT POLICY -September 5, 2018
from a revenue producing property or asset powers authority pool organized pursuant to
owned, controlled, or operated by the State or Section 6509.7 that invests in the securities and
local agency, or by a department, board, agency obligations authorized in Section 53601
or authority of the State or local agency.) Such subdivisions (a) to (o) inclusive, and meets the
obligations must be rated Al, SP-1, its following criteria: 1) the adviser is registered
equivalent or higher short term, or AA or higher with the Securities and Exchange Commission;
long term, by a nationally recognized rating 2) the adviser has not less than five years of
agency. experience investing in the securities and
obligations authorized in said subdivisions; and
4. Commercial Paper (3) the adviser has assets under management in
Commercial paper of "prime" quality rated excess of$500 million.
A1/P1 or higher by Moody's Investor Services,
Inc. or Standard & Poor's Corporation. Eligible B. Diversity and Maturity Guidelines:
paper is further limited to issuing corporations
that: (a) are organized within the United States, Maximum Maximum
(b) have total assets in excess of five hundred Type of Investment %of %of one Maximum
and have a Ion Maturity
million dollars
($500,000,000), g- Portfolio issuer
term debt rating of AA or higher. Purchases of
eligible commercial paper may not exceed 270 U.S.Treasury 100 100 5 years
Securities
days in maturity, may not exceed 15% of the
Town's eligible investment funds and no more Federal Agencies 65 20 5 years
that 5% invested in any one issuer. and U.S. GSEs
Commercial Paper 15 5 270 days
5. Negotiable Certificates of Deposit Negotiable 25 5 3 years
Negotiable certificates of deposit issued by a Certificates of
nationally or state-chartered bank or savings Deposit
association, or federal association, or a state or
federal credit union, or by a state-licensed Money Market 15 15 N/A
branch of a foreign bank carrying an individual Funds
rating of at least B/C by the Thompson Bank State LAIF 100 N/A
Watch or IBCA rating services, a short- term
debt rating of A1/P1 or higher, and a long-term Joint Powers
debt rating of AA or higher. Authority Pool 100 N/A N/A
6. Money Market Funds VII. REPORTING
Shares of beneficial interest issued by
diversified management companies as Within thirty (30) days following the end of
authorized by California Government Code each quarter, Staff shall render a report to the
Section 53635(j). Town Council, which shall include the following
7. California Local Agency Investment information:
Fund (LAIF) operated by the Office of the State 1. A portfolio appraisal that includes the
Treasurer. Tiburon may invest all or a portion type of investment, issuer, date of maturity, par
of its investments, up to the State-mandated and dollar amount invested for all securities and
maximum, in LAIF pursuant to California investments of the Town, and shall additionally
Government Section 16429.1. include a description of any Town monies that
8. Shares of beneficial interest in a
are under the management of any outside
joint
INVESTMENT POLICY -September 5, 2018
parties. eligible investments definition of the specific
trust indenture.
2. The current market value, as of the
report date, of all investments, as well as the X. PENSION FUNDS
source of this same valuation.
This Policy does not apply to the investment of
3. A statement of the status of the the Town's pension funds.
compliance (or non-compliance) of the portfolio
to this Investment Policy Statement.
4. A statement denoting the ability of
Tiburon to meet its expenditure requirements
for the next six(6) months.
For investments placed in LAIF, a bank, or
savings and loan association, the most recent
statements received by the Town from the
institution may suffice in lieu of the
requirements listed above.
VIII. SAFEKEEPING AND DELIVERY OF
SECURITIES
All transactions shall be executed on a Deliver
versus Payment (DVP) basis. To protect against
potential fraud or embezzlement, the assets of
the Tiburon shall be held in safekeeping by
Tiburon's safe keeping agent, or secured
through third-party custody and safekeeping
procedures pursuant to the limitations set forth
in Government Code Section 53608. No security
shall be held in safekeeping by the
broker/dealer from whom it was purchased.
Settlement payment in a securities transaction
will be against delivery only, and a Due Bill or
other substitution will not be acceptable.
These procedures will be reviewed annually by
an external auditor. All investments are to be
held in the name of the Town of Tiburon.
IX. BOND PROCEEDS
Bond proceeds resulting from the Town's
capital project debt financing programs will be
invested in accordance with the provisions of
their specific trust indenture. Debt service
reserve funds of bond issues will be invested in
accordance with the maturity provision and
Town Council Meetin"
TOWN OF TIBURON October 2, 2019
1505 Tiburon Boulevard Agenda Item: AI-1
Tiburon, CA 94920
To: Mayor and Members of the Town Council
From: Department of Public Works
Subject: Consider a Letter of Intent for a Revised Proposal to Install a Solar
Array/Carport Structure at the Tiburon Police Station via a Purchase Power
Agreement with Energy Systems Development
Reviewed By: �,, {. >
Greg Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
On April 3,2019,the Council considered letter of intent for a similar project at the Police
Station. At that time Council declined to move forward with the project. Staff has worked with
Energy Systems Development to reduce the cost of the project and is now asking Council to
consider a revised proposal and Letter of Intent.
RECOMMENDED ACTION(S)
1. Direct the Town Manager to sign the letter of intent with Energy Systems Development for
the Police Station Solar System PPA.
BACKGROUND
On April 3, 2019, the Council discussed whether to sign a Letter of Intent (LOI) with Energy
Systems Development (ESD) for a Power Purchase Agreement (PPA) for the installation of a
solar power/carport on the Police Station. At that time, the proposed PPA project was estimated
to result in a net annual increase in the cost of electricity in Year 1 of the agreement and would
remain `cash negative' for the first 10 years of the agreement. This unfavorable cash flow was
cited by COnncilmembers as a significant factor in determining not to move forward at that time.
The finances associated with these types of projects are largely driven by the initial cost of
construction. Subsequent to the April 3 meeting, and responding to feedback provided by staff.
ESD worked to modify the design to lower the initial cost of the project. The original design was
based on a 'hard cap' design. This means, prior to mounting the solar panels, a cap is installed on
the carport structure, and then the panels are mounted to the cap. The advantage of this system is
that it results in a 100% waterproof structure.
The revised design eliminates the hard cap, and instead, the solar panels are mounted directly to
the fi-amin« of the structUre. Based on this revised design, ESD has provided a new financing
TOWN of TIBURON PAGE 1 OF 2
proposal whereby the Town is estimated to be cash positive in Year 1, with that amount
increasing in each subsequent year.
ANALYSIS
The revised ESD proposal is attached as Exhibit 1 and includes a 25-year cash flow analysis of
the proposed project on Page 5. As opposed to the proposal Council considered in April, the
updated cash flow analysis indicates a very small savings the first year that increases over the life
of the project. The project is estimated to save $598,000 over the life of the system (25 years).
Per the proposal, after Year 1 I of the agreement, the Town would have the option of purchasing
the system outright, with the 25-year numbers depicted assuming the Town exercises that option
in Year 11.
As a result of removing the hard cap from the design, the carport will not be 100% waterproof,
and we would anticipate during hard rains, some water would make its way through the panels,
dripping on whatever is below. However, the proposed system would provide the same level of
sun protection as the original proposal. As Council noted in their discussion on this matter in
April, the primary purpose of the project is cost effective solar energy production, with protection
provided by the carport structure a secondary benefit. Staff feels the revised proposal strikes the
appropriate balance between the two.
Council is being asked to continue work on the project by authorizing the Town Manager to sign
a Letter of Intent, which is attached as Pages 3-4 of Exhibit 1. The Letter of Intent is non-
binding. however, ESD will be investing in significant design work in the next phase of the
project, and the Town should only sign the Letter of Intent if it is satisfied with the proposed
terms and intends to move forward with the project.
The sustainability subcommittee has reviewed the revised PPA and agreed it should be
considered by the entire Town Council.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to
constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines
Section 15061 (b)(3).
RECOMMENDATION
Staff recommends that the Town COtnciI:
1. Direct the Town Manager to sign the letter of intent with Energy Systems Development for the
Police Station Solar System PPA.
Exhibit(s): Energy Systems Development Letter of Intent and PPA description
Prepared By: Patrick Barnes,Town Engineer
TOWN OP TIBURON PAGE 2 OF 2
EXHIBIT 1
u
Energy Systems Development can design and install a
Carport Solar system that will meet your facile l s Hauls.
This highly efficient system can:
Meet F'55% of your electricity needs
Provide rain protection in Winter
[provide shade in the Summer
In a Power Purchase Agreement the City
ill Save ani `ear
Solar PPA cost is lower than PGE.
i A i
PPA $ 0.2204 /kWh
Utility $ 0.2290 /kWh
Guaranteed to escalate lower than
the illi
nPG&E 20 year escalation Aire 4.8%
X 31
.$ PISA escalates at 3%
r Utilijy rate whichever is lover
This System will save $592,518 over the next
2 5 y e a 1,
f
Energy Systems Development 5420 Douglas Blvd Suite`F Granite Bay • Ca 96746 -'(916) 772-4936
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Stuart Chang,President
Energy Systems Development
Town Of Tiburon
x 5420 Douglas Blvd,Ste
Police Department Solar Granite Bay, CA 95746
916.768.47.11 (cell)
ENERGY , 916.772.4936 (off)
Prepared stu[a. ESDevelop.corn
V21,6"r" ,) i_f March 18 2019
TFRK
AS OF POWER PURCHASE AGREEPVqEKIT
Energy Systems Development, LLC., referenced below as the "Energy Seller", and the individual or entity referenced below as the
"Energy Purchaser" intend to negotiate and enter into a binding Power Purchase Agreement "PPA". 'This document sets forth the
principal terms of the PPA for further good faith negotiations between the parties but is not binding. The PPA will contain detailed
terms, conditions and covenants governing the subject transaction satisfactory to both parties and approved by the Tiburon Town
Council,and will be subjectto availability to ESD of sufficient construction and project financing as well as acceptance by both parties of
the final Solar Energy System "SES" design and specifications. The terms stated below are not binding and may be subject to change
based on the final SES design and specifications.
ENERGY SELLER: (Owner) Energy Systems Development, LLC, or its assignee
ENERGY SELLER CONTACT INFORMATION: 5420 Douglas Blvd Suite F
Granite Bay CA 95746
T 916 772-4936
ENERGY PURCHASER: (Host) Town of Tiburon
ENERGY PURCHASER CONTACT Town of Tiburon
INFORMATION 1505 Tiburon Blvd
Belvedere Tiburon, CA 94920
SOLAR ENERGY SYSTEM (SES): —
58.24 I(W DC Nameplate capacity mounted on carports
ANNUAL PRODUCTION (APPROXIMATE): 82,000 kilowatt-hours annually
SES SITE: Tiburon Police Department -West lot
1155 Tiburon Blvd,
Belvedere Tiburon, CA 94920
SES INTEGRATOR: Energy Systems Development, LLC
INITIAL PPA TERM: TEN Years(10) —
EXTENSION TERMS: Automatic extension for up to four(4) Extension Terms of
five (5) years each, unless terminated for Event of Default
or by User not less than 120 days prior to expiration of
Initial Term or Extension Term, if any,
ENERGY PURCHASE: 1.00% of SES Energy Output during the Initial Term and all
subsequent term extensions.
ENERGY PAYMENT RATE: — $0.2284 per kWh during the first Contract Year of the
Initial Term
Energy SystensDeveloprhent-ProprietaryIglormation Page 1
ENERGY PAYMENT ANNUAL RATE 3.0% Annual Escalation or PG&E. Whichever is lower for
INCREASE FACTOR: year
ENVIRONMENTAL ATTRIBUTES: All environmental Attributes relating to the SFS or the
Energy Output will be and remain property of Energy
Systems Development, LLC, or its assignee.
HOST PURCHASE OPTION: Options to purchase start year 11 and annually after
RISK OF SES LOSS: Host bears risk of SES Loss.
INSURANCE: Commercial general liability insurance with limits not less
than $2,000,000 for injury to or death of one or more
persons in any one occurrence and $1,000,000 for
damage or destruction to property in any one occurrence,
with aggregate limits of$5,000,000.
Worker's compensation and employer's liability
insurance, including Stop Gap coverage, in compliance
with applicable Laws with limits of not less than
$1,000,00a
.....................
MAINTENANCE: Owner operates and maintains SES at its sole cost and
expense with reasonable access to SES granted by User.
ACCESS: Rooftop_ Parking Lots_X. Ground Mount_
ROOFTOP/GROUND LEASE: Rooftop_ Parking Lots_X. Ground Mount_,
SECURITY DEPOSIT: TBE)
BROKERS: N/A
The parties hereby agree and accept the above PPA Tern-is as basis for further good faith negotiations of the PPA,
subject to (a) additional terms, conditions and covenants satisfactory to both parties to be included in the PPA (b)
availability to ESD of sufficient construction and project financing funds and(c)change of the above PPA Terms
based upon the final SES design and specifications acceptable to both parties,and ultimately approved by Town
Council
OWNER: "ENERGY SELLER" HOST: "ENERGY PURCHASER"
Signature: Signature:
Name: Name:
Date: Date:
EneTySysternsDevetopment-Proprietary honnation Page 2
A for!I)v buy-t kz-, was added attar lh,,b.yo"
II.Y-t i.."N-mis
Exhibit -Povier Purchase Agreement Option This option allows: Tiburon Police to enter into a Power Purchase Agreement with a Buyout Option
1) ZERO OUT OF POCKET to install system
Tiburon Police Array Size-kW 5&24 2) Buy out option in year 11 for $59,842 3) Twenty Five Year Savings of $ 598,214
PG&E
Cost Operating with Solar Finance-Tax-Reflate Benefit
Fodcral State Total Not
Total
Current
I utility
PPA Purchase Annual Solar Depreclat Utility Cumulativ
Electric ip.,Y-nt I-I n Annual Savings Financial Change in
Costs l sIdby Payment MaIrLifrance E gy Ion 15y'! "'to Benefit Cash Flow 0 Cash
Year Payment nor
A
Expense
I ping Load P-Tyr--�rs��tlr-Trd-i B fl t on Flow
+ one
A,B
+
..........
4.80% 1 4.80% 3.00% 20% 30.0%. 35.0% 10.3%
.................................................
2018 (S20,755-2
$0 so
....................
($21,604) $143 $143
.......................
2019 (S21,747) ($27715) ($19 809) $143
...........................................
........................
z 2020 1522,701) ($2tW) ($19,456) ......................... ($22,301) $490
$490 $633
$864 $1,497
3 2021 ($23,885) ($2,932) ($20,039) ($23,021) 5664
------.... ... ..
4 2022 ($25,031) ($3,125) ($20,640)
$23,765)I _
$1,266 $1,266 $2,763
.........................
.......... ........
5 2023 ($26,233) ($3,275) ($21,260) ($24�5'34)' $1,698 1 $1,698 54,461
......................
6 2024 ($27,492) {$3,432) ($21,897)
($25,329) $2,162 $2,162 1 $6,624
7 2025 {528,811) P,51)7) $22,554) ($26,151) $2,66D
__1111 _1111 ,
a 2026 $2,660 $9284
, ($3769) , , ,
$3,194 $12,478
-7-------............................. ...............
5 2027 ($11,644) E (S3,950) ($23,928) {$27 878) $3,766
$3,766 $16,244
---------------
IQ 2028 (sn',m) 1 ($4,140) ($24,G46) 1 ($28,78G) $4,377
$4,377 S20,620
................................ --------
2029 ($34,751) ($4,239) ($59,842) ($500) ($64,681) ($29,926) {$29,926} ($9,306)
12 2030 ($30,423)
1 ($4,547) $0 ($500) ($5.047) $31,376 $31,376 $22,070
. . ................................................................................................................
13 2031 (=,171) ($4,765) so ($500) ($5,265) I $32,906
$32,906 $54,976
................
14 2032 (�.40,003) $0
($500) ($5494) $34,509
$34,509 $89,485
.......... ........................................................... ............
15 2033 ($41,023) $0 {$500) ($5,734) $36,190
$36,190 $125,675
----------- I I
............. ..........
IG 2034 (�A3,qm) (�5,485) $o (S600) ($6,085) a $37,851 $37,851 $163,526
..................... ........
17 2035 1 f,-"0 1) so (SI100) (S6,348) $39,696
$39,696 $203,222
18 2036 48,2 5 5)
(S6,C24)
so (S 00) (S.6,624) i $41,631 $41,631 $244,853
19 2037 ,7
so plmo) I (SG"313) $43,658 $43,653 $2B8,51 0
11_11 _....................................
N 2038 ($600) ($7,216) $45,782
3 6-,l�) $334,293
...................... .........
21 2039 '$55,542) (S6,934) $0 (S7201 ($7,554) $47,888 $47,868 $382,181
zz 2040 ($58,2H) ($,71260) $o (�720) ($7,M,) $50,222 $50,222 $432,403
............... ..........................................
.....................
-2041, 7,11 $0 (S7201 ($li,335) $52,667 $52,667 $485,070
............. .............1111.................... ...................
p,3,930) $0 ($7= $55,229 $540,2919
..................i
..........
$57,915 $598,214
EE . .. ............
$598,214 $o so $0 so
PPA
Loan
2018 Ave $ 0.21809 c obs o,rr 82,701 1 Year Ter.
PPA Rate $0.2284
Annual Usage 95,148 IM 05 inn ,0% Interest Rate
12,4.48
- Annual Usage 82,701
Utility E-lailon 4.801 E,-!t- g,##,#-44� 5 59,842 Amt Financed
IPPA Escalal 3.0%
Town Council Meeting
October 12019
TOWN OF TIBURON
1505 Tiburon Boulevard Agenda Item: �1 - 2
Tiburon, CA 94920
mum
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Town Council Committee Appointments: Marin County Council of Mayors
and COunCilmembers Climate Change and Sea Level Rise Ad Hoc
Subcommittee
�t
Reviewed By:
due n/a
Greg Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
This past June, the Marin County Council of Mayors and COLIncilmembers(MCCMC) reinstated the ad
hoc subcommittee on Climate Change and Sea Level Rise, and now requests each city make one
councilmember appointment to the ad hoc subcommittee.
RECOMMENDED ACTION(S)
1. Appoint one councilmember to the MCCMC ad hoc subcommittee on Climate Change and
Sea Level Rise.
BACKGROUND
On .Ione 26, 2019, MCCMC reactivated the ad hoc subcommittee on Climate Change and Sea
Level Rise (the meeting staff report is attached as Exhibit 1). This ad hoc subcommittee was
originally created in 2014, but was eventually consolidated with the County of Marin, and soon
morphed into BayWAVE (Marin Bay Waterfront Adaptation Vulnerability Evaluation). The
MCCMC subcommittee then went dormant.
In 2019, the climate change and sea level rise landscape in Marin County has evolved and
MCCMC has reinstated the subcommittee. Once constituted, the subcommittee will determine
their scope of work in light of the current landscape. In the meantime, MCCMC requests each
Council appoint one of its members to serve on the subcommittee. The Council may also appoint
an alternate if desired.
ANALYSIS
No further analysis provided.
FINANCIAL IMPACT
TOxvN OF TIBURON PAGE I OF 2
Staff anticipates no direct fiscal impact to the "Town by adoption of this item.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption ofthis item is statutorily exempt fi-om the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA.
RECOMMENDATION
Staff recommends that the Town Council appoint one councilmember to the MCCMC ad hoc
subcommittee on Climate Change and Sea Level Rise.
Exhibit(s):
1. MCCMC June 2019 Staff Report Reinstating Climate Change& Sea Level Rise Ad Hoc Committee
Prepared By: Lea Stefani,Town Clerk
TOWN or TIBURON PAGE 2 of 2
EXHIBIT 1
Business Item 7.b.
MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS
STAFF REPORT
REPORT DATE: June 21, 2019
MEETING DATE: June 26, 2019
TO: HONORABLE MEMBERS OF THE MARIN COUNTY COUNCIL OF
MAYORS AND COUNCILMEMBERS
FROM: REBECCA VAUGHN. MCCMC CLERK/TREASURER
SUBJECT: Request to Reinstate the Dormant Climate Change and Sea Level Rise Ad Hoc
Committee.
PURPOSE:
For the MCCMC membership to consider reinstatement of the Dormant Climate Change and Sea
Level Rise Ad Hoc Committee.
BACKGROUND:
The Climate Change and Sea Level Rise Ad Hoc Committee ("Subcommittee") was created by
MCCMC in May 2014 following a recommendation from the Mayors Select Committee in April
2014. The subcommittee met on several occasions to discuss scope and other issues during 2014.
In early 2015, Marin County was awarded a grant to supplement previously assigned County funds
to undertake a comprehensive assessment of sea level rise vulnerability. In an effort to make best
use of the funds allocated by the Board of Supervisors and the grant finds and to coordinate work
and collaborate with the Marin cities and towns, a consolidation of efforts between the County and
MCCMC was agreed upon. Several members of the Subcommittee joined a County working group
to form a combined Sea Level Rise Vulnerability Assessment Committee. This morphed into
Baywave. The Subcommittee seeing no need to meet went dormant.
Fast forward to 2019 and the landscape in Marin County around climate change and sea level rise
has evolved. The County led Baywave and Drawdown initiatives cover a wide spectrum ofclimate
change thought leadership. Each city and town has its own initiatives, planning efforts and Climate
Action Plans.
At the May 22, 2019 meeting, David Kunhardt,Corte Madera and Stephanie Moulton-Peters, Mill
Valley requested that we consider reviving the MCCMC ad-hoc subcommittee on Climate Change
and Sea Level Rise.
This agenda item is to approve the following recommendation:
Activate the MCCMC ad-hoc subcommittee on Climate Change and Sea Level Rise and request
that each city appoint a councilmember to it.The Committee once constituted shall determine their
scope of work in light of the current landscape and make a recommendation to the MCCMC
membership for adoption of the scope in the Fall.
I
Business Item 7.b.
OPTIONS:
1. Approve reinstatement of the dormant ad-hoc subcommittee on Climate Change and Sea
Level Rise and request that the Marin city/town Councils each appoint a representative to
serve on the SUbeommlttee.
2. Do not approve the proposed meeting schedule and request further discussion and direction
to staff.
2