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Home My WebLink AboutTc Agd Pkt 2021-02-24 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council February 24, 2021 Special JOINT Meeting with Parks, Open Space and Trails Commission – 4:00 p.m. Special Town Council Meeting – 5:00 p.m. TIBURON TOWN COUNCIL AGENDA CORONAVIRUS (COVID-19) ADVISORY NOTICE On May 18, 2020, the Marin County Public Health Officer issued a legal order directing residents to shelter at home until further notice. The order limits activity, travel and business functions to only the most essential needs. Additional information is available at https://coronavirus.marinhhs.org/ Consistent with Executive Orders No. N-25-20 and No. N-29-20 from the Executive Department of the State of California, the Town Council meeting will not be physically open to the public and all Council Members will be teleconferencing into the meeting. To maximize public safety while still maintaining transparency and public access, members of the public can access the meeting by following the meeting live at: Audio/Video Webinar: https://zoom.us/j/98444488899 Webinar ID: 984 4448 8899 Call-in Number: +1 669 900 6833 Access Code: 984 4448 8899 Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s website and to this agenda. Members of the public may provide public comment by sending comments to the Town Clerk by email at comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be distributed electronically to the Town Council and posted on the Town’s website. Comments received after the start time of the Council meeting, but prior to the close of public comment period for an item, will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the Town Clerk who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at www.townoftiburon.org. SPECIAL MEETING – 4:00 P.M. TIBURON TOWN COUNCIL TIBURON PARKS, OPEN SPACE, AND TRAILS COMMISSION CALL TO ORDER AND ROLL CALL – TOWN COUNCIL Councilmember Fredericks, Councilmember Kulik, Councilmember Ryan, Vice Mayor Welner, Mayor Thier CALL TO ORDER AND ROLL CALL – PARKS, OPEN SPACE AND TRAILS COMMISSION Commissioner Allen, Commissioner Burr, Commissiner McInerney, Vice Chair Hornbrook, Chair Nikfar 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. DISCUSSION ITEMS DI-1. Town Council and Parks, Open Space and Trails Commission Joint Meeting – Discuss: 1. Acquisition of Open Space a. Richardson Bay Sanitation District Ponds Acquisition Update b. Other Potential Open Space 2. General Plan – Maintenance of Open Space and Parks Discussion 3. Connection of Open Space and Tiburon Parks, Open Space, and Trails 4. Communication between the Town Council and the Parks, Open Space and Trails Commission and other boards or commissions 5. Grant opportunities the Town Council could apply for related to parks, open space, trails ADJOURNMENT – to special meeting SPECIAL MEETING – 5:00 P.M. TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL – TOWN COUNCIL Councilmember Fredericks, Councilmember Kulik, Councilmember Ryan, Vice Mayor Welner, Mayor Thier ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. CC-1. Town Council Minutes – Adopt minutes of January 20, 2021 regular Town Council meeting (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes of February 3, 2021 special and regular Town Council meetings (Department of Administrative Services) CC-3. Hawthorne Utility Undergrounding District – Authorize agreements related to the Hawthorne Utility Undergrounding District for construction management and inspection, and public outreach services with Coastland and a cultural resources monitoring agreement with the Federated Indians of Graton Rancheria (Department of Public Works) CC-4. Leave of Absence – Adopt resolution authorizing a leave of absence for Councilmember Kulik (Office of the Town Attorney) ACTION ITEMS AI-1. Diversity Inclusion Task Force – Consider appointment of Chair and Vice Chair of the Task Force (Department of Administrative Services) AI-2. Action Minutes – Discuss possible transition to action-style minutes for Town Council meeting and determine which style of minutes is appropriate for Town Council meetings (Department of Administrative Services) TOWN COUNCIL REPORTS TOWN MANAGER REPORT ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town’s website, www.townoftiburon.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Tiburon Town Council and Parks, Open Space and Trails Commission Joint Meeting Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council and Parks, Open Space and Trails Commission will hold a joint meeting to discuss a variety of topics. RECOMMENDED ACTION(S) 1. No recommended action. BACKGROUND On February 24, 2021, the Town Council and the Parks, Open Space and Trails Commission will hold a joint session to discuss a variety of topics. A brief topic outline is listed below. 1. Acquisition of Open Space a. Richardson Bay Sanitation District Ponds Acquisition Update b. Other Potential Open Space 2. General Plan – Maintenance of Open Space and Parks Discussion 3. Connection of Open Space and Tiburon Parks, Open Space, and Trails 4. Communication between the Town Council and the Parks, Open Space and Trails Commission and other boards or commissions 5. Grant opportunities the Town Council could apply for related to parks, open space, trails ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. ENVIRONMENTAL REVIEW TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council/POST Meeting February 24, 2021 Agenda Item: DI-1 Town Council Meeting February 24, 2021 TOWN OF TIBURON PAGE 2 OF 2 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 No recommended action. Prepared By: Lea Stefani, Town Clerk PUBLIC COMMENT #1 From:Alison Pence To:Lea Stefani Subject:POST/Town Council Meeting 2.24.21 Date:Wednesday, February 24, 2021 3:58:40 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I find that my computer at work does not have a microphone so I am sending this e mail to request additional budget allotments for wildflower protection, broom clearing and wildfire prevention. I would like the biannual budget of $45,000 to be doubled. My mother, at the base of Rind Mountain, is surrounded by broom. The hills around Tiburon are surrounded by broom and pine, pampas grass and acacia. I am also interested in promoting a plan to move the commercial dogwalkers that currently use Middle Ridge Sensitive Habitat Area to the area below Middle Ridge at Via Paraiso. I know it has already been agreed this area needs attention as the pampas grass is very thick and is spreading up the hill. Thank you Alison Pence Alison Pence | Bookkeeper 104 Main Street; Tiburon CA 94920 |phone 415 789-5427 |fax 415 789-5947 W RM ~Pl!UN S' OlD NC::t LLt Page 1 of 8 Town Council Minutes #01-2021 January 20, 2021 TOWN COUNCIL REGULAR MEETING DRAFT MINUTES Consistent with Executive Orders No. N-25-20 and N-29-20 from the Executive Department of the State of California and the County Public Health Department’s May 18, 2020 Shelter in Place Order, councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to be included in the public record for the meeting. Mayor Thier called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on Wednesday, January 21, 2021. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Thier, Ryan, Welner ABSENT: COUNCILMEMBERS: Kulik PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Community Development Director Tasini, Senior Planner Fong, Town Clerk Stefani ORAL COMMUNICATIONS Mayor Thier opened the floor for public comments and there were none. CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for September 2, 2020 special and regularmeetings (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for September 16, 2020 regular meeting (Department of Administrative Services) CC-3. Town Council Minutes – Adopt minutes for October 7, 2020 regular meeting(Department of Administrative Services) CC-4. Town Council Minutes – Adopt minutes for October 21, 2020 special and regularmeetings (Department of Administrative Services) CC-5. Town Council Minutes – Adopt minutes for November 4, 2020 regular meeting (Department of Administrative Services) DR A F T CC-1 Page 2 of 8 Town Council Minutes #01-2021 January 20, 2021 CC-6. Annual Development Fee Report – Receive annual report on the status of Tiburon’sDevelopment Impact Fees pursuant to California Government Code (Community Development Department) CC-7. Old Rail Trail Maintenance Project – Accept project as complete and direct staff to filea notice of completion (Department of Public Works) CC-8. Investment Summary – Adopt investment summary for month ending November 30, 2020 (Department of Administrative Services) CC-9. Vacancies on Town Boards, Commissions, and Committees – Announce pendingvacancies for 2021 (Department of Administrative Services) CC-10.Heritage & Arts Commission Special Vacancy – Announce special vacancy on theHeritage & Arts Commission (Department of Administrative Services) Mayor Thier requested removal of Consent Calendar Item No. 3 for further discussion. MOTION: To adopt Consent Calendar Items No. 1-2 & 4-10, as written. Moved: Ryan, seconded by Welner VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik CC-3. Town Council Minutes – Adopt minutes for October 7, 2020 regular meeting(Department of Administrative Services) Mayor Thier requested capturing more of the discussion on Town Manager Report Item #2. Mayor Thier also expressed the desire to have action minutes and felt the video of meetings are a true reflection of the discussion. Councilmember Fredericks felt minutes should be brief but include enough detail to provide the overall feel and flavor of the meeting. Town Attorney Stock said further discussion of action minutes should be placed on a future agenda. MOTION: Continue the minutes for October 7, 2020 special and regular Town Council meetings, pending further review and edits. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik ACTION ITEMS AI-1. Diversity Inclusion Task Force – Consider appointment of five at-large members to the Task Force and adoption of Task Force bylaws (Office of the Town Manager) Town Clerk Stefani said there were two items before the Council related to the Diversity Inclusion Task Force, including the adoption of bylaws, with requested feedback on regular DR A F T Page 3 of 8 Town Council Minutes #01-2021 January 20, 2021 meeting time and term length, and possible appointment of the five at-large positions, based on a methodology the Council had previously discussed. In reviewing the bylaws, the Council discussed the duration that the task force would be in existence, different steps to be taken if that term were to be extended, the value of reports to Council of the task force progress and findings, and whether the requirement of reports would be part of the bylaws or by some other Council direction. Vice Mayor Welner requested the regular meeting date not coincide with regular Town Council meeting dates, felt that staggered terms were not necessary, and spoke about the appointment of the Chair. Town Attorney Stock said the bylaws were an enabling resolution regarding an appointment of Chair and Vice Chair and explained that it did not preclude the Mayor from being Chair. Welner suggested the bylaws include a provision that the Council appoint a Chair annually and that the Task Force provide an annual report to the Council. Fredericks further requested a review of the audio from the meeting where the appointment of Chair and Vice Chair was discussed to have clarity on the issue. Mayor Thier requested the bylaws state a Chair and Vice Chair be appointed at the first meeting of the task force, that the Newly Appointed Official Memo be included in the resolution, and grounds for removal from the task force. The Council agreed that the Task Force term would be for two years and that the date and time of the regular meeting of the task force would be discussed at a later meeting. The Council noted that further delay of the appointments was not ideal, but agreed it was important to have all members of the Council present, so the appointments of the five at-large positions would be delayed until the next Council meeting. Mayor Thier opened the floor to public comments and there were none. AI-2. Town Council Committee Appointments – Review Town Council committee appointments lists and consider any changes for 2021, including the creation and appointment of two ad hoc subcommittees (Department of Administrative Services) Town Clerk Stefani said the Council could make any revisions to state, local and regional appointments for the coming year, and specifically asked the Council to consider creation of two ad hoc subcommittees (2021 Budget/Finance and Town Manager Performance Evaluation) and appoint membership. Vice Mayor Welner suggested the 2021 Budget/Finance committee members should be the Mayor & Vice Mayor and suggested Councilmember Ryan be on the Town Manager Performance Evaluation Committee. Ryan accepted the appointment and stated the Mayor should be the other member. DR A F T Page 4 of 8 Town Council Minutes #01-2021 January 20, 2021 MOTION: To create the 2021 Budget/Finance ad hoc subcommittee, with Mayor Thier and Vice Mayor Welner serving on the committee, and to create the 2021 Town Manager Performance Evaluation ad hoc subcommittees, with Mayor Thier and Councilmember Ryan serving on the committee. Moved: Fredericks, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik PUBLIC HEARINGS PH-1. 545 Silverado Drive – Consider appeal of Design Review Board approval for construction of a new single-family residence at 545 Silverado Drive (Community Development Department) Owners/Applicant: Eric Nuttall/Equity Smart Investment LP Appellant(s): Christopher and Jennifer Hartung Address: 545 Silverado Drive Assessor Parcel No.: 055-082-023 Staff Report Director of Community Development Tasini said the Design Review Board (DRB) held two hearings on this project on October 1, 2020 and November 5, 2020 and granted conditional approval on November 5, 2020. The adjacent neighbors, Christopher and Jennifer Hartung filed a timely appeal of the decision on November 16, 2020. Director Tasini briefly reviewed the history of the project, and the grounds for appeal. Councilmember Fredericks asked if the setback of the second story of the proposed structure would benefit the views of the appellant’s property, which Director Tasini affirmed. Appellant Presentation Chris and Jennifer Hartung said they had been looking forward to supporting this project after the October meeting with the DRB suggested modifications, but felt those modifications were not actually done, and after the November 5th meeting felt compelled to file an appeal. The Hartung’s felt the process of approval was arbitrary and inconsistent, and the lack of memorialization of changes in the final DRB approval puts them at risk. The Hartung’s felt without all DRB members visiting the interior of their property, the DRB members were not able to truly understand the impacts on their main living area and they were not granted equal application of diligence, and the decisions were made without direct physical assessment. They reiterated that changes proposed at the October meeting either had not been changed at all or only minimally -- specifically, the setback of the upper level, breaking up the mass in order to conform to the Hillside Design Guidelines, reduction of possible view impact from the upper deck (facing Silverarado), and relocating the deck to center of the front façade for more privacy. DR A F T Page 5 of 8 Town Council Minutes #01-2021 January 20, 2021 The appellants asserted the proposed structure does not break up its mass by tiering down the slope of the hill, causing them to look directly into the neighboring property from their main living area. They said they worked with the applicant to have a privacy screen of horizontal slats on the deck, but the slant and gap of the slats was not memorialized by the DRB. The appellants also expressed dissatisfaction with the process of the DRB hearing, including so little time for comment, difficulty conducting a virtual meeting, and inconsistencies in reviewing and memorializing discussions between the October and November hearings. The Hartung’s requested a reduction in the overall height of the structure by at least one foot, a reduction in the depth of the upper deck by a minimum of one foot, a shift of the upper level bath to the right side of the house to reduce mass, to shrink the size of the upper window facing north to reduce direct light intrusion, and memorialize into the project approval the removal of the small upper windows on the north and south elevations, and any privacy screen on the upper deck as a permanent fixture with no gaps between the slats. Applicant Presentation Mr. Nuttall said this project has requested no variances or exceptions from design guidelines and either meets or exceeds what is required in terms height restrictions, lot coverage, set back, reduction of scale, and proximity to property line. Concessions and changes made to appease neighbors include moving the house back further into the hillside which severely impacted his backyard space and reduced lot utility, reducing the second floor footprint to protect the neighbor’s view, removing windows which caused loss of natural light in the home, removing and eliminating decks from the design causing a loss of the grand entry view in his home which was a major architectural element, adding landscaping and screening, reducing roof height and pitch, relocating the air conditioner, and adjusting the privacy screen on the front deck to as to provide privacy for the neighbors while still adhering to design requirements to not have a solid wall on that deck. He felt that the neighbor’s primary view - the water view - has been completely protected by reorienting the plot design of his home to angle away from the Hartung’s property and give even more space between the structures. Mr. Nuttall felt strongly about not having a flat roof as the Hartung’s have requested. To lower the roof height further would have a severe detrimental impact on the design and feel of his home, which he feels is not a fair trade off for the minimal positive impact the Hartung’s would experience. He felt that obscuring the windows that face the Hartung’s house allows his home to have natural light but affords privacy for the Hartung’s. He said there has been a domino effect of the changes he has made that have had added significant cost and time to the project. He felt he has addressed almost all of the concerns of the neighbors. Both the appellant and applicant remarked that the process at the DRB did not allow for the type of commentary that this Council meeting’s process gives, and both agreed that having the opportunity to have a more open dialogue with the DRB regarding the project, observations and objections would be most constructive to finding resolution and would likely have eliminated the need for an appeal. DR A F T Page 6 of 8 Town Council Minutes #01-2021 January 20, 2021 Appellant Rebuttal Mr. Hartung reiterated that this is about the impact on their main living space. The setback requested is to minimize the impact the proposed project’s second floor makes on their main living space – with light intrusion and views. He said that other houses in the neighborhood look down and over neighboring properties rather than directly at them. Applicant Rebuttal Mr. Nuttall felt that this project and the project in 2014 which the Hartung’s supported were very similar in setback. He felt he has made many concessions and if he makes further changes in roof height it will significantly impact the desirability of his home. Mayor Their opened public comment and said that any comments that come in by email will be incorporated into the record. Council Deliberation Vice Mayor Welner requested to see the visual of the setback compared to other houses on the street and commented that the set back is considerable. Mayor Thier wanted to ascertain which areas of agreement exist between the appellant and applicant and reviewed the appellant’s list of requests with the applicant. The applicant agreed with the requests for memorializing the specifics of the slats of the deck privacy screening, and obscuring the windows on the upper rear north wall. He was not in agreement with receding the depth of the deck, relocating the bathroom to the north side of the house, and reducing the height of the roof. Councilmember Fredericks sympathized with the appellant’s experience of their side view being impacted by the proposed project but felt that the Hillside Design Guidelines take into account protecting water views, which has been done here. She would support the changes requested by the appellant if they were easy to achieve without severely impacting the livability and desirability of the proposed project but reducing the roof and outdoor living space was determined by the DRB to not be feasible without doing that, and she defers to that judgment of the DRB. Vice Mayor Welner concurred with Councilmember Fredericks comments. Councilmember Ryan supports memorializing the approved project changes. He was aggrieved by the comments of the appellant and applicant regarding the DRB process which appeared to fail them both. He suggested a review of the process, specifically where proximate neighbors to a project are allowed the same amount of comment time as the general public. He felt that if proximate neighbors were given more comment time and had the opportunity to answer questions or gain clarification, consensus may be more easily reached. Mayor Thier requested staff to look into the current DRB process for areas of improvement. DR A F T Page 7 of 8 Town Council Minutes #01-2021 January 20, 2021 Mayor Thier said there appeared to be more agreement than disagreement by both parties and favored partially granting the appeal with revisions and additions which were agreed upon by the appellant and applicant to be added to the DRB approval. Further discussion between the appellant and applicant on the remaining unclear items enabled a motion to be formulated. MOTION: Partially grant the appeal with the below revisions, language to be refined by staff: • To memorialize into the project approval that the horizontal slats proposed for the privacy screen on the upper deck would overlap in such a manner as to maximize privacy from the perspective on the horizontal plane; • To shrink the size of the large window on the north wall to 4 feet by 3 feet to reduce direct light intrusion; • To memorialize into the project approval that the small upper windows on the north wall will be obscured to reduce light intrusion, and the small upper windows on the south side will be removed. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik DISCUSSION ITEMS DI-1. Blue & Gold Fleet – Discussion regarding Blue and Gold Fleet PUC application to discontinue service from San Francisco to Tiburon Town Manager Chanis said Blue & Gold Fleet may discontinue ferry service to Tiburon and Angel Island. He encouraged residents to submit comments to the Public Utilities Commission to oppose Blue & Gold Fleet’s applications to discontinue service. He said there are negotiations ongoing between several parties to retain ferry service in Town, and Town Attorney Stock said he would report back about being a party to the proceedings. Councilmember Welner said there is interest by Golden Gate Bridge, Highway and Transportation District in retaining ferry service to Tiburon, and Vice Mayor Welner spoke about the importance of having ferry service to Tiburon for the community, and specifically noted the number of kids attending Angel Island Camp from San Francisco. Mayor Thier opened the floor for public comment. Alessandro Beraldi spoke about link provided for comments on the PUC website not working properly. TOWN COUNCIL REPORTS Vice Mayor Welner requested a future agenda item to review the Design Review Board process to improve opportunities for questions and feedback, which may reduce or eliminate the need for appeals. TOWN MANAGER REPORT DR A F T Page 8 of 8 Town Council Minutes #01-2021 January 20, 2021 There was none. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thier adjourned the meeting at 7:54 p.m. _________________________________ HOLLI THIER, MAYOR ATTEST: ___________________________________ LEA STEFANI, TOWN CLERK DR A F T Page 1 of 7 Town Council Minutes #02-2021 February 3, 2021 TOWN COUNCIL SPECIAL AND REGULAR MEETING DRAFT MINUTES Consistent with Executive Orders No. N-25-20 and N-29-20 from the Executive Department of the State of California and the County Public Health Department’s May 18, 2020 Shelter in Place Order, councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to be included in the public record for the meeting. Mayor Thier called the special meeting of the Tiburon Town Council to order at 4:30 p.m. on Wednesday, February 3, 2021. SPECIAL MEETING – 4:30 P.M. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: Kulik ORAL COMMUNICATIONS Mayor Thier opened the floor for public comment and there were none. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9: (One potential case) Claims filed by Yema Khalif and Hawi Awash on January 25, 2021, on file with the Town Clerk’s Office ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: Kulik PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Community Development Director Tasini, Senior Planner Christy Fong, Director of Public Works/Town Engineer Palmer, Director of DR A F T CC-2 Page 2 of 7 Town Council Minutes #02-2021 February 3, 2021 Administrative Services Creekmore, Town Clerk Stefani ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Thier said there was no action taken in closed session. ORAL COMMUNICATIONS Eloise Hunt from Children for Change spoke about the effects of the COVID-19 pandemic on housing. She asked Town Council to support a rental freeze and support affordable housing, as has been done elsewhere in Marin County. A video from members of Children for Change was aired in which members asked Council to advocate for and educate the community about affordable housing, and to extend AB38 across the state. CONSENT CALENDAR CC-1. 545 Silverado Drive – Adopt resolution partially granting appeal of Design Review Board approval for a new single-family residence at 545 Silverado Drive (Community Development Department) CC-2. Town Council Minutes – Adopt minutes for November 18, 2020 special and regular meetings (Department of Administrative Services) CC-3. Town Council Minutes – Adopt minutes for November 20, 2020 special meeting(Department of Administrative Services) CC-4. Town Council Minutes – Adopt minutes for November 23, 2020 special meeting (Department of Administrative Services) CC-5. Town Council Minutes – Adopt minutes for November 25, 2020 special meeting(Department of Administrative Services) CC-6. Town Council Minutes – Adopt minutes for December 2, 2020 special and regularmeetings (Department of Administrative Services) CC-7. Town Council Minutes – Adopt minutes for December 14, 2020 special meeting (Department of Administrative Services) CC-8. Investment Summary – Adopt investment summary for month ending December 31,2020 (Department of Administrative Services) MOTION: To adopt Consent Calendar Items No. 1-8, was written. Moved: Fredericks, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik DR A F T Page 3 of 7 Town Council Minutes #02-2021 February 3, 2021 PUBLIC HEARINGS Mayor Their said that both Public Hearings have been postponed until a future meeting. PH-1. St. Hilary School – Consider appeal of a public facilities fee (street impact fee) imposed by building permit #20-003 for proposed improvements to St. Hilary School (Department of Public Works) Owners/Applicant: St. Hilary School/Adrian J. Gordon Address: 765 Hilary Drive Assessor Parcel No.: 055-253-22 PH-2. 687 Hilary Drive – Consider appeal of Design Review Board approval of a new single family dwelling at 687 Hilary Drive [ITEM CONTINUED TO FEBRUARY 17, 2021] Owners/Applicant: Christian and Basia Terrell Appellant: Gary and Marybeth Sheppard Address: 687 Hilary Drive Assessor Parcel No.: 055-211-08 ACTION ITEMS AI-1. Diversity Inclusion Task Force – Consider appointment of five at-large members to the Task Force and adoption of Task Force bylaws (Office of the Town Manager) Town Clerk Stefani said there were two items related to the Diversity Inclusion Task Force before the Council: the adoption of bylaws, which have been amended to reflect the Council’s feedback at their last meeting, and the appointment of the five at-large members. She reviewed the methodology the Council had previously agreed upon to narrow down the pool of applicants. Mayor Thier inquired about the grounds for removal from the task force. Town Attorney Stock said he had included two specific grounds based on Council feedback and added that the Council may remove any member by majority vote. The Council agreed that the Task Force would meet on the 2nd Wednesday of the month at 5pm. MOTION: To adopt the resolution outlining Task Force bylaws. Moved: Fredericks, seconded by Welner VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik Mayor Thier opened the floor for public comment. Deirdre McCrohan inquired about transparency of the selection process. Staff noted that the Council’s tally selections would be publicly visible, and all appointments would be made by roll call vote. DR A F T Page 4 of 7 Town Council Minutes #02-2021 February 3, 2021 Mayor Thier spoke about all the well-qualified applicants and encouraged those not selected, and the rest of the community, to remain involved in task force activities. The Council took a 5-minute recess, and the Town Clerk compiled each councilmember’s top 8 unranked selections and shared the tally sheet. The Town Clerk noted 3 applicants, Noah Griffin, Anette Harris, and Leela Stake, were selected by all members of the Council present. She also reviewed the applicants that had also received support by 2 or 3 members of the Council. MOTION: To appoint Noah Griffin, Anette Harris, and Leela Stake to the Task Force. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik MOTION: To appoint Anh Sundstrom to the Task Force. Moved: Thier, seconded by Ryan VOTE: AYES: Ryan, Thier, Welner NOES: Fredericks ABSENT: Kulik MOTION: To appoint Erin Burns to the Task Force. Moved: Fredericks, seconded by Ryan Vice Mayor Welner suggested the Council instead evaluate the remaining five candidates that had received support from two councilmembers, and Councilmember Fredericks withdrew her motion. The Council discussed the attributes of the five candidates, but ultimately decided to pursue another tally round based on the pool of applicants with initial support of two councilmembers. The Council again took a 5-minute recess, and the Town Clerk compiled each councilmember’s top 2 unranked selections and shared the tally sheet. Town Clerk Stefani noted that of the five candidates, one candidate, Ruben Kalra, received support from 3 of the 4 councilmembers. MOTION: To appoint Ruben Kalra to the Task Force. Moved: Welner, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik The Council stressed the importance of continued community engagement with the task force. Vice Mayor Welner noted that the selection of the Chair would be at a future meeting and the first meeting of the Task force would be in March. AI-2. Blackie’s Pasture Beach Restoration Project – Receive presentation from Marin County Public Works Senior Engineer Roger Leventhal on the proposed beach DR A F T Page 5 of 7 Town Council Minutes #02-2021 February 3, 2021 restoration project and consider adoption of a resolution of local support for the project (Department of Public Works) Mayor Thier opened the floor for public comment. Harry Heath expressed confusion at the drawings in the staff report and asked for clarification. He also expressed concern about dogs on the beach, and the impact to the nearby bird sanctuary. Greg Moore said he and his wife support the restoration project, specifically the gravel beach design template rather than Dynamic Nourishment alternative. They asked Council to consider the neighborhood’s concerns about the impact of increased use on parking, pedestrian and bicycle traffic, and safety. Isaac Nikfar, Chair of the Parks, Open Space and Trails Commission, said he is excited to support the project, as the beach is heavily eroded. He said it is important to address Greenwood Beach Road residents’ concerns about parking and increased road traffic. Bruce Abbott was concerned about traffic congestion on Greenwood Beach Road, increased use of Blackie’s Pasture by pedestrians and bicyclists and beach users, including dogs, and the negative impact on his neighborhood and the nearby bird sanctuary. Sis Muller agreed with the comments of previous speakers, expressed concern about parking, and does not support renaming any area to Greenwood Beach. Michael Savage expressed concern about parking on Greenwood Beach Road and the unsafe use of the road by cyclists and pedestrians. He asked that staff investigate the issue now, not just in relation to this proposed project. Timothy Burr of POST expressed excitement for the project and echoed comments Mr. Nikfar. He noted the current beach/shoreline is not safe due to the steep drop off caused by erosion. Director of Public Works/Town Engineer Palmer said the Marin County Department of Public Works had received a Marin Community Foundation (MCF) grant to prepare preliminary designs for restored bay beaches as “living shoreline” to inhibit shoreline erosion and provide flood protection. He said Roger Leventhal of the Marin County Department of Public Works developed a design for the beach along the Blackie’s Pasture shoreline and had presented the project to POST on multiple occasions, which had provided feedback. Palmer said Marin County is in the final stages of being awarded additional grants for the project, pending Town Council support. Roger Leventhal, Marin County Department of Public Works, provided an overview of the project and the two different design options, emphasizing that both are naturally made beaches which are more aesthetically pleasing without the use of asphalt cement that some other Bay shorelines have as “armor” against sea level rise. He showed a living shoreline profile and discussed the process of how a beach is built in order to prevent further shoreline erosion, using a combination of cobble rubble, gravel, and sand. He stated that the benefits of reconstructing the DR A F T Page 6 of 7 Town Council Minutes #02-2021 February 3, 2021 beach at Blackie’s Pasture are replenishing the eroding beach which is currently a loss of habitat and recreational area, mitigating sea level rise, and eliminating unsafe exposed concrete slab and asphalt fill. He outlined the next steps should Council vote in support of the grant for the project this evening. Vice Mayor Welner asked about the different design approaches, and expressed support of the project, with a thorough environmental review. He asked for clarification as to who had control of the project were it to get underway. Town Attorney Stock confirmed that the Town is the lead agency under CEQA. Councilmember Fredericks asked if the impacts of intensified use of the area would be part of the environmental review process or initial study – for instance, dogs on the beach and the effects on the bird sanctuary, and overcrowding. She supported a design that ensures that the increased use of the area does not conflict with the purpose of the project, which is to refurbish and protect the shoreline. Councilmember Ryan supported erosion mitigation considering sea level rise and said that doing nothing will lead to further deterioration. He reiterated that the Town is the lead agency on the project, so resident concerns can be addressed. Mayor Thier supported sea level rise mitigation and was enthusiastic about this project being a model for other jurisdictions to follow and would be something for residents to be proud of. She pursued the answers to questions voiced earlier by residents of Greenwood Road, echoing theirs and POST’s recommendation that the impacts of parking be given attention, and looking at alternative names other than Greenwood Beach. She also reassured the public that there would be future opportunities for input should the project move forward. MOTION: Adopt a resolution of local support for grant funding for the Blackie’s Pasture beach restoration project as written in Exhibit 4 of the staff report. Moved: Welner, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik DISCUSSION ITEMS DI-1. General Plan Update – Announce dedicated website and first survey launch (Community Development Department) Director of Community Development Tasini informed the Council that a dedicated website has been launched for the General Plan Update along with a survey which is yielding very good responses. She will be presenting a greater synopsis of the survey results in March. Director Tasini reviewed the multiple avenues of community outreach, including contacting the business and religious communities, the school district, mailers to all property owners, and outreach through the Town’s website and newsletter. TOWN COUNCIL REPORTS DR A F T Page 7 of 7 Town Council Minutes #02-2021 February 3, 2021 Councilmember Ryan said the Downtown Business Task Force discussed trash collection for community businesses, public restrooms downtown, and ideas for enhancements to the downtown to help the business community. Councilmember Fredericks suggested considering a new name for the town’s ad hoc downtown committee from “revitalization” to something else more fitting. TOWN MANAGER REPORT There was none. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thier adjourned the meeting at 7:48 p.m. _________________________________ HOLLI THIER, MAYOR ATTEST: ___________________________________ LEA STEFANI, TOWN CLERK DR A F T TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Authorize the Town Manager to Execute a Professional Services Agreement with Coastland for Construction Management Services for the Hawthorne Undergrounding Assessment District in the Amount of $451,166, and Authorize the Town Manager to Execute a Cultural Resources Monitoring Agreement with the Federated Indians of Graton Rancheria in the amount of $180,000 Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Two items are being presented for Council action in order to move forward with the Hawthorne Undergrounding District Project. The first is an agreement with Coastland to provide construction inspection, construction management, and public outreach services. The second is a Cultural Resources Monitoring Agreement with the Federated Indians of Graton Rancheria. RECOMMENDED ACTION(S) 1. Authorize the Town Manager to Execute a Professional Services Agreement with Coastland for Construction Management Services for the Hawthorne Undergrounding Assessment District in the Amount of $451,166; and 2. Authorize the Town Manager to Execute a Cultural Resources Monitoring Agreement with the Federated Indians of Graton Rancheria in the amount of $180,000 BACKGROUND In 2016, property owners on portions of Rock Hill Drive, Hawthorne Drive, Hilary Drive, Hilary Court, Mira Vista Court, Del Mar Drive, Palmer Court and Tiburon Boulevard began the process of forming the Hawthorne Utility Undergrounding Assessment District (“The District”). The goal of forming the District is to facilitate removal of the existing overhead utility lines and poles and relocate them underground (the “Hawthorne Project”). The District consists of 120 parcels (plus 3 sliver parcels), including both residential and commercial properties. A boundary map of The District is attached as Exhibit 1. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting February 24, 2021 Agenda Item: CC-3 Town Council Meeting February 24, 2021 TOWN OF TIBURON PAGE 2 OF 3 On November 29, 2017, the Council agreed to contribute $500,000 toward the Hawthorne Project and approved the Preliminary Engineer’s Report (“Engineer’s Report”) for the proposed District. The Engineer’s Report included a total project cost estimate of $11,846,006 (net of the Town’s $500k contribution). On February 7, 2018, property owners in the District approved tax assessments equal to the cost estimate to fund completion of the project, with the intent the Town would sell bonds in the approved amount to provide the funds necessary for project completion. To date, no bonds have been sold, with the Town relying on the Town’s $500k contribution and approximately $150,000 of subscription deposits from property owners to fund design work on the project. At the November 18, 2020 Town Council meeting, the Council directed staff to use a construction cost contingency of 20%, approved the final plans, and authorized staff to begin the bidding process for the Hawthorne Project. Construction bids were opened on January 15, 2021. Three bids were received, with the lowest bid coming from Ranger Pipeline at $4,698,373. Based on the bids received, staff is confident there is sufficient funding available for the project to move forward. Staff intends to present the construction contract to Town Council for award at the March Council meeting. ANALYSIS The Town Council is being asked to take two actions to continue moving this Project towards construction. The first action is the approval of the Professional Services Agreement with Coastland for construction management. In anticipation of the start of construction, the Town Engineer issued a Request for Proposals (RFP) for Construction Management services on November 19, 2020. The scope of services for this work generally includes the following: • Preconstruction site documentation, review of project documents, coordinate and lead a preconstruction meeting with the contractor, and establish the project record keeping system. • Daily field inspections, document construction activities, and material testing. • Monitor traffic control. • Review contractor submittals, requests for information, and change order requests. • Prepare weekly statements of working days, field directive logs, progress meeting minutes, and other items to accurately record and track the progress of work. • Coordinate and lead progress meetings with the Town, contractor, and utility agencies. • Review contractor schedules, pay estimates, and labor compliance documents. • Create and maintain a public information website for the project. • Prepare as-built documents and assist in project closeout. Three proposals were received from Coastland, Psomas, and TRC. Following the requirements of qualification-based selection for professional engineering services, three staff members reviewed and evaluated the proposals based on the criteria listed in the RFP. Based on the proposals submitted, Town Staff ranked Coastland as the best qualified to provide these services on this Project. After the proposals were ranked, Coastland's price quote was opened and reviewed by the Town Engineer. The price quote was found to include the expected level of effort and rates for this work. Therefore, the Town Engineer recommends that the Town select Coastland to provide Town Council Meeting February 24, 2021 TOWN OF TIBURON PAGE 3 OF 3 Construction Management services and authorize the Professional Services Agreement in the amount of $451,166 (Exhibit 2). The second action requested from Town Council is the approval of an agreement (Exhibit 3) between the Town and the Federated Indians of Graton Rancheria (FIGR) for treatment of tribal cultural resources and tribal monitoring in the amount of $180,000. This agreement formalizes procedures for tribal monitoring during all grading, groundbreaking, excavation, and ground-disturbing activities performed in conjunction with Project construction. The agreement is required by the mitigation measures in the approved Mitigated Negative Declaration (MND). FINANCIAL IMPACT Town policy is that the total cost of undergrounding projects be paid by the District property owners. The costs associated with the construction management agreement and the cultural resources monitoring agreement are included in the approved assessment engineer's report, and the amounts of these agreements are less than that budgeted amount. ENVIRONMENTAL REVIEW The Town Council approved a Mitigated Negative Declaration for the Project. RECOMMENDATION Staff recommends Town Council: 1. Authorize the Town Manager to Execute a Professional Services Agreement with Coastland for Construction Management Services for the Hawthorne Undergrounding Assessment District in the Amount of $451,166; and 2. Authorize the Town Manager to Execute an Agreement with the Federated Indians of Graton Rancheria for treatment of tribal cultural resources and tribal monitoring in the amount of $180,000. Exhibits: 1. Boundary Map 2. Professional Services Agreement 3. Cultural Resources Monitoring Agreement Prepared By: Steven Palmer, Director of Public Works / Town Engineer EXHIBIT 1 Town ofTiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) Preliminary Engineer's Report ri Appendix B Assessment Diagram r ___ j\ ~A :~)\_=·,y=::=~-:•"'?'"'"-----,_ \ \ ;,-\ 0 . • /\ \ ~---·--, \ I (----J \ y \~·1¥.l?-./1 \ . 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ST.O:.tt :;r -c.tU"C:c.-.,:.. r.-"....:.a.l""~. {X)t.'t,T'l':JF~ PflllPOIEIIIIOIN>AIEBQF KA.WIIIIRE 1tWIACE ---Cl'~-.rt\'OF- STA"IEC/F~ C•!U!l ,~-~a § 4S...~Y.i!:'-"T:-.O •~~ ~N::::,.-u t,o;(lt;:, "f,,"JC:;K 1ri1:.~ ~ ~-<N ~ olU. oim-1.S :::c.~x~-:; 'M'! u-,.,z I &~~~ .... ~-------·--I <+,a; .»,,r,,.,....::tc,-.s, Cf" s..at P;..-!CaS, -..:Jl'I.E Z2~ :i'Ol7 I ■[~.!~~ '>.U"l!'~,":!.-.1~:S,:f.:iolll:U B-1 DRAFT -For Review Purposes Only R I Hanis & Associates EXHIBIT 2 AGREEMENT BETWEEN THE TOWN OF TIBURON AND COASTLAND FOR THE PROVISION OF CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT, made and entered this 24th day of February 2021, by and between the TOWN OF TIBURON, a political subdivision of the State of California, hereinafter called "Town," and Coastland hereinafter referred to as "Consultant," RECITALS A. The Town requires construction management and inspection services for the Hawthorne Undergrounding District Project (Project). B. Consultant has the skill, experience, ability, background, certification, and knowledge to provide the Town with construction management and inspections services. C. The parties wish to contract for the Consultant to provide construction management and inspection services to the Town as provided herein. AGREEMENT 1. Scope of Services. Consultant shall provide services for the Project to the Town as described in Exhibit 1 (“Services”). 2. Compensation. Consultant’s compensation for the Services shall be as set forth in Exhibit 1. Services will be billed on a time and materials basis for a not to exceed amount of $451,166. 3. Consultant as Independent Contractor. Consultant (including its agents and employees) is not an agent or employee of the Town. Consultant is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Consultant shall maintain complete control of its operations and personnel and shall be solely liable and responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. 4. Standard of Work; Indemnity. Consultant shall perform the services in a skillful and professional manner compatible with the usual, customary standard of Consultant’s profession. Consultant shall indemnify, defend and hold Town harmless from and against claims, liabilities, suits, loss, cost, expense and damages (collectively, “Claims and Losses”) to the extent that such Claims and Losses arise from Consultant’s negligent act or omission or willful misconduct in performing the Services pursuant to this Agreement. In the event that other parties are found to share responsibility for the Claims and Losses due to their negligent act or omission or willful misconduct, Consultant’s liability under this paragraph shall not exceed its proportionate share of responsibility for the Claims and Losses relative to such other parties. 5. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Consultant's records and accounts of expenditures and activities of Consultant’s performance under this Agreement at Town’s own expense. All such records shall be maintained for period of at least three years after the termination of this Agreement. Consultant shall furnish all items necessary in the Town’s discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 6. Insurance. Consultant shall maintain insurance as set forth below. A. Comprehensive General Liability: Combined single limit of $1,000,000 for each single occurrence for bodily injury, personal injury and property damages; umbrella policy raising the limit to $2,000,000. B. Comprehensive Automobile Liability: Combined single limit of $1,000,000 for each single occurrence for bodily injury and property damages; umbrella policy raising the limit to $2,000,000. C. Consultants Professional Liability: Combined single limit of $250,000 for each single occurrence for protection against claims alleging negligent acts, errors and omissions. D. Workers’ Compensation Coverage: As required by the laws of the State of California. E. The insurance required under paragraphs A and B, above, shall be endorsed with language covering the Town, its officials, officers, employees, agents and volunteers. Such coverage shall be primary insurance to the Town, its officials, officers, employees, agents and volunteers and shall act as though a separate policy had been written for each. Any failure to comply with the reporting requirements of the policies shall not affect coverage provided to the Town, its officials, officers, employees, agents and volunteers. F. The insurance required by this Paragraph shall not be suspended, voided, canceled or reduced in coverage or in limits except after the Town has received thirty days written notice. G. Evidence of compliance with the insurance and endorsement requirements of this Paragraph shall be subject to the approval of the Town Attorney. 7. Ownership of Documents; Re-Use; Indemnity. All plans, studies, documents and other writings prepared for and by Consultant, his officers, employees and agents and subcontractors in the course of performing the Services shall be the property of Town and Town shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, upon request, provide such materials to Town. Town acknowledges that such documents prepared pursuant to this Agreement are intended for use only in connection with particular projects. Consultant makes no representation that said documents are suitable for re-use on any other project or on any expansion of the original project. Any such re-use by Town without specific written approval by Consultant shall be at Town’s sole risk. Town shall indemnify and hold Consultant harmless from all claims, losses, damages and expenses, including attorneys fees, that may arise from Town’s unauthorized re-use of said documents for another project or for any expansion of the Project. 8. Interest of Consultant. Consultant covenants and represents that he does not have any economic interest and shall not acquire any economic interest, direct or indirect, in the area covered by this Agreement that would be affected in any manner or degree by the performance of the Services. Consultant further covenants and represents that in the performance of its duties, no person having any such interest shall perform any services under this Agreement. Consultant will comply with the Town’s Conflict of Interest code. 9. Licenses. Consultant represents and warrants to Town that he has all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice his profession. Consultant represents and warrants to Town that he shall, at his sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals that are legally required of Consultant to practice his profession. 10. Contract Term; Termination of Contract. This Agreement shall terminate as agreed by the parties or terminated pursuant to this Section or Section 11. Town may terminate this Agreement immediately for cause. Either party may terminate this Agreement without cause upon 10 days written notice of termination to the other party. In event of termination, Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to the Services. Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 11. Stop Work Order. Town may at any time, by written notice to Consultant (“Stop Work Order”), require Consultant to stop or suspend performance of the Services, in whole or in part, for a period of up to ninety days after such notice is delivered to Consultant. Upon receipt of the Stop Work Order, Consultant shall immediately comply therewith and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order during the period of work stoppage. Within ninety days of the delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall either (a) cancel the Stop Work Order; (b) cancel those the authorization for those Services covered by the Stop Work Order; or (c) terminate this Agreement as provided in Paragraph 10. Consultant shall resume work upon the cancellation of the Stop Work Order. To the extent that the Stop Work Order results in a documentable increase in the cost of performing the Services or the time required for such performance, Consultant shall receive an equitable adjustment in compensation. 12. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor permit others he may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 13. Mediation. The parties will make a good faith attempt to resolve any disputes arising from this Agreement through mediation prior to initiating litigation. The parties shall mutually agree upon a mediator and shall share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and the mediator thereafter remaining shall hear the dispute. 14. Miscellaneous. A. Governing Law. The laws of the State of California shall govern this Agreement. B. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. C. Successors in Interest; Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. D. Entire Agreement; Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. 15. This Agreement includes the following Exhibit, which is attached hereto and incorporated herein by reference: Exhibit 1 Scope of Work and Fee Schedule IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. CONSULTANT TOWN OF TIBURON By: __________________________ By: __________________________ GREG CHANIS Town Manager APPROVED AS TO FORM: _________________________ BENJAMIN STOCK Town Attorney Exhibit 1 TASK 1 – PRE-CONSTRUCTION MEETING Immediately following the Notice to Proceed, Construction Manager will schedule and administer the pre-construction meeting. During this meeting we will establish lines of communication and decisionmaking roles with all project stakeholders. We will also discuss safety requirements, responsibilities of the project team members, working hours, quality control procedures, submittal requirements, project schedule, change order and potential claim procedures, and safety procedures. Coastland will be responsible for generating pre-construction meeting invitations including the meeting agenda. Agenda items include lines of communication, public relations, safety, submittals, change procedures, payments, progress schedules, contract time, requests for information, and other applicable items. Coastland will prepare and distribute meeting minutes to all parties. Following the pre-construction meeting, Coastland will continue to work with the Town team and contractor to ensure that all project issues are addressed promptly and that the Town’s best interests are considered at all times. TASK 2 – PRE-CONSTRUCTION SITE VISIT AND DOCUMENTATION Coastland will take pre-construction digital photos of the construction site with special attention given to sensitive areas including any private residences and businesses adjacent to the project. Documenting the site prior to construction will help mitigate possible disputes between the Town, contractor and property owners within or adjacent to the project limits. These photos will be logged and filed with the project files. TASK 3 – PROJECT START-UP Coastland will assemble project files in accordance with the Town’s standard format. Coastland utilizes a centralized system for document control to create, store, organize, track, and link all project information. Digital record-keeping will ensure the constant flow of documentation to a form that quickly and easily identifies trends and critical issues and will help keep the project moving as it helps document the work. TASK 4 - DAILY FIELD INSPECTIONS AND DOCUMENTATION Maintain close communication with Town staff to ensure scheduling goals are met. To help maintain close communication, Coastland’s inspector will be accessible to the Town at all times at the project site and through the use of email and cellular phones. Coastland’s on-site inspector will examine all construction activities to ensure that the contract work adheres to the contract documents, Town standards and the established schedule. Maintain records and provide documentation of the work in the form of daily reports, weekly summary of construction activities, deficiency lists, and progress photographs of construction activities. Daily reports will describe the contractor’s level of effort, specific work being done, started, or finished, and relevant points raised by the contractor that may require consideration and response. Document proposed change orders and claims, important conversations, safety issues or accidents, extra work in progress, materials testing performed, information for “as-built” drawings, quantities for progress payments, environmental concerns and hazardous materials. Coastland will provide a digital photo logbook of construction activities, progress, and areas of concern or interest. The photo log will be compiled on a portable storage device (USB drive) and will identify the location and date of each photo. The log will be maintained through the duration of the project to assure continuity from one week to the next and will be submitted to the Town at the close of the project. Coastland will continually review the specifications and plans to ensure the work is of good quality and meets the requirements of the contract documents. Coastland will immediately report any deviation from the approved contract documents. Inspector will identify actual and potential problems and provide solutions. Maintain daily documentation and resolve issues by proposing field changes and avoid any delays. Inspector will review the Contractor’s traffic control plan to make certain that access is maintained during construction. TASK 4b SPECIAL INSPECTION Coastland has included Miller Pacific Engineering Group (MPEG) to provide materials testing services, including compaction testing of backfill materials and asphalt concrete compaction. TASK 5 – PROGRESS MEETINGS Coastland will conduct weekly coordination and progress meetings to focus on completed and upcoming work, any construction delays, schedule updates, proposed changes, change orders, contractor’s questions, public relations, safety and other concerns that are identified by a project team member. We will work to foster honest, open communication at these weekly meetings which will help in timely resolution of any disputes and/or potential claims. TASK 6 – STATUS REPORTS AND DOCUMENTATION Task 6a – Reports Complete and accurate record keeping will be an essential component of this project. Ensure project documents and certified payroll are complete and correct sub-contractors are used. Keep the Town informed and document all construction issues with the following:  Weekly Statement of Working Days  Progress Meeting Minutes  Field Directive Log  Change order tracking  Regular phone calls and e-mails Task 6b – Submittal Management Coastland will coordinate all submittals and monitor the status of the submittals to assure the contractor provides timely response. At the pre-construction conference, provide the contractor with a log of all required submittals and due dates. Submittals will be stamped, logged and distributed to the designer for complete review and approval. Submittals will be filed numerically and approved copies will be distributed to the Town, project members, and the contractor. Task 6c – Requests for Information (RFI) Coastland will receive and log all Requests for Information (RFI’s) from the contractor, and forward the RFI to the designer. Coastland will track the status of all RFI’s by generating a weekly RFI log that lists the “Ball-in-court” status, description, and if an RFI results in a potential change order. Task 6d – Change Order Management In the event that a change order is required, Coastland will negotiate the changes with the contractor and prepare documentation. All changes will be approved by the contractor, Coastland and the Town prior to starting work on the change. With the Town’s approval, Coastland can negotiate with the contractor to produce the best construction method for the change at the lowest cost. If a change order requires input from the design engineer, Construction Manager will coordinate with them to ensure it is reviewed. A Change Order Log will be created that will show Change Order number, description, status, approved date, start and completion dates and cost. TASK 7 – CONSTRUCTION MANAGEMENT Goal is to ensure that construction and contract administration are performed in compliance with own requirements and standards, and the project plans and specifications. To accomplish this goal, Construction Manager will manage the day-to-day construction activities with the contractor. He will be accessible to the Town at all times. The Construction Manager will be responsible for keeping the Town informed of the progress of the project, changes that may be needed, pay estimate input and releasing information to the public. In addition, Construction Manager will complete all contract administration documentation in a timely, accurate and orderly fashion. In summary, Construction Manager’s responsibilities include:  Continuous communication and coordination with the contractor through regular progress meetings.  Review and routing of project submittals and RFIs.  Prepare project pay estimates and maintain records associated with the project’s federal funding requirements.  Accept work performed or, if work is rejected, work with contractor to correct construction errors.  Prepare and approve Contract Change Orders.  Provide claims management.  Monitor permit and environmental compliance.  Confirm labor compliance.  Develop a project punch list and make recommendations for project acceptance.  Prepare As-Built plans.  Maintain an up-to-date construction file containing all records associated with the construction of the project. TASK 8 – COST AND SCHEDULE MANAGEMENT Coastland will continually review the construction progress TASK 9 - PUBLIC RELATIONS AND NOTIFICATIONS Coastland will ensure every effort is made to keep residents and businesses informed of construction progress and minimize disruptions due to limited access and excessive noise. Construction Manager will proactively meet with property owners prior to and during construction to address any concerns from those affected by the project. Recognize the critical importance of public outreach, making contact with each residence served by the project. Include AIM as a strategic partner to make this effort seamless. Coastland and AIM are currently working together on the SFD Corridor Rehab project in nearby Greenbrae. The public outreach effort on that project is the model for the approach to the Hawthorne Undergrounding project. AIM will be responsible for creating and maintaining a public information website and social media account to provide the residents in the Hawthorne District with pertinent and up to date information regarding the project. Monitor traffic control and flagging procedures to ensure construction proceeds smoothly and public impact is minimized. There may be traffic delays during peak traffic periods. Accordingly, Keep all residents and businesses informed on construction status and impacts through the use of message boards and notification letters. Construction Manager will also make introductions to the affected properties and provide his 24-hour contact phone number as appropriate. Coastland will ensure that Contractor provides advanced notice to residents and businesses, as required by the specifications, regarding roadwork and lane closures. Coastland will log and respond to questions and concerns from the public in a timely manner and will record the contractor’s activities as they relate to public safety and public convenience. Additionally, inspector will accurately document pre-construction conditions with a photo log to verify the project area is restored to its original form following construction. TASK 10 – POST-CONSTRUCTION MEETING Following completion of the work, Coastland will organize and conduct the post-construction meeting. The meeting will document all requirements necessary for final closeout and payment and confirm all contract obligations have been met. Recommendations for improvement will be made and incorporated into future projects. The results of the meeting will be summarized in meeting minutes. TASK 11 – PROJECT CLOSEOUT Coastland will verify completion of punch list items, issue notice of completion, prepare recommendations for final acceptance of the project, review as-builts for accuracy and completeness, prepare and recommend final payment, and transmit all construction documentation to the Town. At the completion of the project, provide the Town with the following:  All contract files and records (hard & electronic files)  Annotated journal of photos and CD of digital photos  As-built project schedule ~•1.:~ ...... ,11,,,,!11 OSAL FOR CONSTRUCTION t SPECTION SERVICES T owi1 of Tiburon TASK INFORMATION HOURS AND COST INFORMATION Construction Inspector Inspector Admin Direct Total Total Task No. Task lnfom1ation ManagK/RE OT Comme11ts Costs Hours Costs $170 $155 $232 $85 1 Pre-Construction Meeting 6 4 4 14 $1,980 Agendas J conclJct meeting 2 Site Visit & Documentation 10 20 4 34 $5,140 Job walk/ photos/Meet with Town 3 Project Start-UJp 16 8 8 32 $4,640 Assen"ble flng / CM pro!J"11l 4 Daily Field Inspections & Documentation 800 800 5124,000 S.sed on 1 SO wor1<ing days of field work 4a Overtime Inspection 60 60 $13,920 Based on overtime llSpection for typical 0VerJU1S 4b Special Inspection 66,150 630 $66,150 Materi.als Tesertg -Miler Pacific 5 Progress Meetings & Coordination 45 30 45 120 $16,125 Assume attendance @ 30 rrtgs 6 Status Repons & Documentation 20 20 20 60 $8,200 Re"iew pro,gress/documentation 6a Reports 40 150 60 250 $35,150 status /Oaiy ~es to Tov.n 6b Submittal Management 30 10 40 80 $10,050 Based on 20 Subrrvttals 6c Requests For lnfonnation 60 20 32 112 $16,020 Based on 30 RFl's 6d Change Order Management 40 10 20 70 $10,050 Based on 10 change orders 7 Construction Management 60 60 $10,200 30 weeks at part time 8 Cost and Schedule Management 24 8 24 56 $7,360 Based on 8 nDllthly payments 9 Public Relations & Notifications 40 40 20 100 $14,700 Notices/meeting/ooorci'\ation etc 9a Public Outreach and Communications $64,076 $64,076 Public Outreach -AIM 10 Utility Coordir1ation 24 60 84 $13,380 Coordination/spot inspection 11 Post Construction Meeting 8 10 8 26 $3,590 Walk throug, 12 Project Closeout 12 10 5 27 $4,015 As-builts / files Photographs & video 5250 $250 Vehicle/Equipment expenses $22,170 $22,170 1478 hours x $151hr= $22,170 Total Hours 435 1,200 60 290 2,615 Subtotal $73,950 5186,000 S13,920 S24,650 5152,646 $451,166 Project Total $73,950 5186,000 S13,920 S24,650 $152,646 S451,166 NOTES: Coastla nd reserves the right to adjust estimated hours should the Contractor schedule additional crews or overtime work. 1 Based on 150 wai<ing days. 2 Based on flAI time rlspection at 40 OOUrs per week for one inspector. 60 hours of overSne have been llcluded for twical cwerrms. 3 Based on part time oonstruction management 3 Based on an estin-eted oorrber of RFJ's, change orders and subrmtals shO'Ml above. EXHIBIT 3 1 AN AGREEMENT BETWEEN THE TOWN OF TIBURON AND THE FEDERATED INDIANS OF GRATON RANCHERIA FOR TREATMENT OF TRIBAL CULTURAL RESOURCES AND TRIBAL MONITORING FOR THE HAWTHORNE UTILITY UNDERGROUNDING PROJECT I. PARTIES This Agreement is entered into as of the _______day of ____________, 2020, by and between (1) the FEDERATED INDIANS OF GRATON RANCHERIA, a federally recognized Indian tribe ("TRIBE" or “FIGR”) and (2) the Town of Tiburon, (“AGENCY”). TRIBE and the TOWN OF TIBURON are collectively referred to as “PARTIES”. II. SUBJECT MATTER This Agreement concerns a project known as Hawthorne Utility Undergrounding Project, (hereinafter referred to as “Project”). AGENCY approved an INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION for the Project which will install conduit and substructures to replace the existing overhead electric, telephone and cable facilities with underground facilities in a fully-developed neighborhood area of the Town of Tiburon, and restore the streets and sidewalks that would be disturbed during the work. AGENCY is the California Environmental Quality Act (“CEQA”) Lead Agency for the Project and is responsible for environmental compliance of the Project. The Marin County Coroner will be provided a copy of this Agreement by AGENCY. III. PURPOSE This Agreement formalizes procedures for tribal monitoring during all grading, groundbreaking, excavation, and ground-disturbing activities performed in conjunction with the Project development, in areas the TRIBE has agreed to monitor the Project in Tiburon, California along Tiburon Boulevard. This Agreement is entered into pursuant to the Mitigation Measures of the Initial Study and Mitigated Negative Declaration under CEQA, Cal. Public Resources Code § 21000 et seq. IV. CULTURAL AFFILIATION The PARTIES agree that the Project area consists of land which has been traced to and traditionally occupied by the TRIBE. TRIBE is culturally affiliated to Marin and Sonoma counties and manages tribal cultural resources and sacred sites within its ancestral territory. Any human remains, and burial related items as defined in Section VII which are found in conjunction with the development of this Project shall be treated in accordance with Sections V through VIII of this Agreement. Tribal cultural resources shall be treated in accordance with Section XI of this Agreement. Significant sites shall be treated in accordance with Section XII of this Agreement. V. MOST LIKELY DESCENDANT 2 The TRIBE was determined to the Most Likely Descendant ("MLD") under California Public Resources Code Section 5097.98 by the Native American Heritage Commission ("NAHC"). If additional Native American human remains are found during development of this Project, the PARTIES understand that the determination of MLD under California Public Resources Code Section 5097.98 will be made by the NAHC. Until such time, neither the TRIBE nor the AGENCY guarantees that the TRIBE or one of its members will be so named. However, given the location of the site and the history and prehistory of the area, the PARTIES agree that their good faith belief is that if such Native American human remains are discovered at the Project site, the TRIBE or one of its members will be named the MLD. Should the NAHC determine that a member of an Indian tribe other than the TRIBE is the MLD, the provisions of this Agreement relating to the treatment of such Native American human remains shall be null and void in their entirety. VI. COORDINATION WITH CORONER’S OFFICE Pursuant to the mitigation measures of the Initial Study and Mitigated Negative Declaration, and in accordance with Public Resources Code Section 5097.98 and Health and Safety Code Section 7050.5, the AGENCY shall immediately contact the Marin County Coroner and the TRIBE in the event any human remains are discovered during the development of the Project. VII. INADVERTANT DISCOVERIES The PARTIES’ intent is to avoid disturbing human remains through consultation and appropriate avoidance, with mitigation as a secondary option. It is understood by the PARTIES that avoidance of the human remains, and grave goods may require changes to the Project plans and activities. If Native American human remains are found during development of the Project, the following provisions shall apply: 1. The term “Native American human remains” encompasses more than human bones because the TRIBE’s traditions call for burial of associated tribal cultural resources with the deceased (grave goods, funerary objects, ceremonial items, and objects of cultural patrimony), and any cremations or ceremonial burning of funerary objects, grave goods and animals. Ashes and other remnants of these burning ceremonies, as well as grave goods and funerary objects, associated with or buried with Native American remains, are to be treated in the same manner as bones, bone fragments and cremations. 2. The Coroner shall immediately be notified, ground disturbing activities in that location shall cease, and the remains shall be left in the place where they were discovered until the Coroner has had the opportunity to inspect the remains in place and make his/her determinations as required by State law, and until a final decision as to the treatment and/or disposition has been made pursuant to this Agreement and to State law. 3 3. Pursuant to the Initial Study and Mitigated Negative Declaration, and the Archeological Management Data Recovery Plan, ground disturbing activities within sixty (60) feet of the discovery shall immediately cease, and the remains shall be secured in situ. The archeologist or cultural monitor shall immediately contact the FIGR Tribal Heritage Preservation Officer (“THPO”) who will work with the MLD to schedule a site visit. The MLD, pursuant to California Public Resources Code Section 5097.98(a), shall be allowed to: (a) inspect the site of the discovery; (b) make recommendations to the property owner as to how the human remains and associated funerary objects should be treated and/or re-interred with appropriate dignity, if necessary. The recommendations will be issued by the TRIBE to the AGENCY within 48 hours or will request consultation with the AGENCY. VIII. TRIBAL MONITORING Given the nature and sensitivity of the archaeological sites and tribal cultural resources that are or may be in the Project area, the TRIBE may designate one monitor representative to be retained as the Tribal monitor during all grading, groundbreaking, excavation, and ground- disturbing activities performed in conjunction with the Project development in areas the TRIBE has requested to monitor. AGENCY may have construction inspectors on the PROJECT site during ground disturbing activities. If human remains and burial of associated cultural items, as defined in this Agreement, are found during development of the Project, tribal monitors are empowered to instruct the AGENCY and the onsite construction inspector to temporarily halt and/or relocate grading or excavation activities within sixty (60) feet pending further evaluation by the TRIBE of the significance of the discovery and further investigation by the Sonoma County Coroner and the TRIBE, pursuant to California Health & Safety Code Section 7050.5. For purposes of determining Tribal monitoring crew sizes, a written schedule of excavation, testing, grading, and ground-disturbing activities will be submitted by AGENCY to the TRIBE two weeks in advance of the commencement of these activities. For purposes of this Agreement, “notice” must be given during normal business hours (i.e., Monday-Friday from 8:00 a.m. to 5:00 p.m.) to be proper notice. Following any rescheduling or interruption of scheduled activities, the AGENCY will give the TRIBE forty-eight (48) hours’ notice before activities resume. IX. COMPENSATION AND INSURANCE The PARTIES agree that the Tribal Monitors are employees of TRIBE, and that AGENCY shall compensate TRIBE at an hourly rate of $55.00 per hour for the time spent by the Tribal Monitor at the Project site during ground-disturbing construction activities, based upon a daily monitoring log maintained by the Tribal Monitor. AGENCY shall compensate TRIBE for the automobile transportation expenses of the Tribal Monitor at the mileage rate established by the United States, which is currently set at 56 cents per mile. AGENCY agrees to provide personal protective equipment as required by COVID-19 orders to tribal monitors. TRIBE shall invoice AGENCY for Tribal Monitoring expenses on a monthly basis and shall include copies of the daily 4 monitoring logs supporting the hours reported on the invoice. AGENCY shall remit payment to the TRIBE within 45 days of receipt of TRIBE invoices. The total compensation payable by AGENCY to TRIBE for monitoring under this Agreement shall not exceed $180,000 (one hundred eighty thousand dollars) except by a written amendment of this Agreement approved by the PARTIES. TRIBE recognizes that dangerous working conditions can exist at a work site, particularly during grading and excavation operations. The Tribal Monitor shall review safety procedures as specified by the Project manager and shall attend all safety meetings. TRIBE will provide insurance coverage for the Tribal Monitor. The insurance includes workers’ compensation, liability, use of a private vehicle and errors and omissions. AGENCY agrees TRIBE will invoice AGENCY for the Tribal Monitors' compensation on a monthly basis. TRIBE will invoice AGENCY at: Steven Palmer, Public Works Director Town Hall Town of Tiburon 1505 Tiburon Blvd Tiburon CA 94920 SPalmer@townoftiburon.org AGENCY agrees to remit payment in full to the following address within forty-five (45) days of receipt of the TRIBE's invoice: Steven Garwood Chief Financial Officer Federated Indians of Graton Rancheria 6400 Redwood Drive, Suite 300 Rohnert Park, CA 94928 Email: sgarwood@gratonrancheria.com Phone: 707.566.2288, Ext 126 All unpaid balances are subject to a monthly finance charge of 2% of the balance owed. 5 X. COVID-19 PROTECTIVE MEASURES AGENCY shall comply, and shall secure compliance by its employees, agents and sub- subcontractors with all applicable health, safety and security laws and regulations, including, without limitation, federal, state and local laws and regulations, any health and safety plan issued by the federal government, the State of California and the County of Marin regarding COVID-19. AGENCY agrees to comply with all social distancing protocols and guidelines set forth in any health and safety order. AGENCY warrants that all such persons shall be fit and qualified to carry out the Work and shall take adequate precautions to protect human health in the project area. AGENCY agrees to provide personal protective equipment as required by COVID-19 orders. AGENCY shall ensure that such personal protective equipment is properly used by its employees, sub-subcontractors and other invitees of the AGENCY in the project area. XI. NON-DISCLOSURE OF LOCATION OF REBURIALS It is understood by the PARTIES that, unless otherwise required by law, the site of any reburial of Native American human remains shall not be disclosed and will not be governed by public disclosure requirements of the California Public Records Act, Cal. Govt. Code § 6250 et seq. The PARTIES agree that AGENCY shall withhold public disclosure of information related to such reburial pursuant to the specific exemption set forth in California Government Code Section 6254(r). XII. TREATMENT OF TRIBAL CULTURAL RESOURCES The AGENCY will treat all tribal cultural resources, including ceremonial items, associated funerary objects, sacred objects, and items of cultural patrimony, as described in the mitigation measures of the Initial Study and Mitigated Negative Declaration, consistent with the Tribe’s cultural values and practices a determined by the Tribe. XIII. SIGNIFICANT SITES IMPACTED BY PROJECT The PARTIES agree that if additional significant site or sites not identified as significant in the Project environmental review process, are identified by a qualified archaeologist within the Project site, they will be evaluated by a qualified archaeologist in coordination with the Tribe. Additional mitigation measures may be necessary to treat sites in a culturally appropriate manner consistent with CEQA guidelines for mitigation of impacts to tribal cultural resources and as described in the mitigation measures in the Initial Study and Mitigated Negative Declaration. If an additional significant site or sites not previously recorded/identified as significant are discovered within the Project site, the PARTIES commit to developing an action plan within 48 hours to get the Project reinitiated which may include additional avoidance and/or mitigation measures to address Tribal Cultural Resource (TCR) protection and preservation. 6 XIV. NOTICES All notices to the PARTIES, shall be given by hand delivery, United States mail, or email as set forth below: To AGENCY: Greg Chanis, Town Manager Town Hall Town of Tiburon 1505 Tiburon Blvd Tiburon CA 94920 GChanis@townoftiburon.org With a copy to: Steven Palmer, Public Works Director Town Hall Town of Tiburon 1505 Tiburon Blvd Tiburon CA 94920 SPalmer@townoftiburon.org To the Federated Indians of Graton Rancheria: Buffy McQuillen, THPO Federated Indians of Graton Rancheria 6400 Redwood Drive Rohnert Park, CA 94929 Email: bmcquillen@gratonrancheria.com Phone: 707-566-2288 XV. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the heirs, successors, representatives, executors, administrators, and assigns of the PARTIES, including contractors and sub-contractors, and any person or entity obligated to comply with environmental and cultural/archaeological protection laws applicable to this Project. XVI. ENVIRONMENTAL COMPLIANCE Nothing in this Agreement shall excuse AGENCY from its obligations under any applicable state or federal laws or regulations, including but not limited to the California Environmental Quality Act (CEQA); Public Resources Code § 21000 et seq., the National Historic Preservation Act (“NHPA”) 16 U.S.C. § 470 et seq.; California Public Resources Code Sections 5097.98, 5097.98(c), and 5097.99; California Health and Safety Code Sections 7050.5(c); California Government Code Section 6254, 65040.2, 65092, 65351, 65352, 65560, 65352.3, 7 65352.4, 65562.5; California Civil Code 815.3; the Native American Graves Protection and Repatriation Act, 25 U.S.C. § 3001 et seq.; the California Native American Graves Protection and Repatriation Act of 2001, California Health and Safety Code §§8010 et seq.; the American Indian Religious Freedom Act, 16 U.S.C. § 1996, et seq., and the First Amendment to the United States Constitution. Nothing in this Agreement is intended to make any of the above-referenced laws applicable where such laws would otherwise be inapplicable. XVII. SEVERABILITY Should any part of this Agreement be found by any court or agency of competent jurisdiction to be to any extent invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. XVIII. LIMITATION ON SCOPE This Agreement is unique to this PROJECT only and does not set a precedent for other projects. XIX. AUTHORITY TO EXECUTE Each of the persons executing this Agreement expressly warrants that he or she is authorized to do so on behalf of the entity for which he or she is executing this Agreement. Each party to this Agreement represents and warrants that this Agreement is executed voluntarily, with full knowledge of its significance. XX. COUNTERPARTS This Agreement may be signed in two or more counterparts and will be effective when all PARTIES and signatories have affixed their signatures to two or more of the counterparts and said counterparts have been delivered to all PARTIES, at which time the counterparts together will be deemed one original document. IN WITNESS WHEREOF, the PARTIES have executed this Agreement as of the day, month and year first above written. AGENCY FEDERATED INDIANS OF GRATON RANCHERIA Representative (Agency) LORELLE ROSS, Vice-Chair LATE MAIL 1 From:Greg Chanis To:Lea Stefani Subject:FW: Item CC-3 on the Consent agenda Date:Wednesday, February 24, 2021 9:39:53 AM Late Mail? Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: Sara Klein <kleinsara@me.com> Sent: Wednesday, February 24, 2021 9:24 AM To: Town <town@townoftiburon.org> Subject: Item CC-3 on the Consent agenda CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To The Members of the Town Council, I would like to request that the Council remove item CC-3, The Hawthorne Utility Undergrounding District, from the consent agenda and have a brief discussion prior to approval. This item asks the Council to approve $630,000 worth of contracts that financially impact the property owners in the Hawthorne Undergrounding district. As a property owner in the district, I have a couple of questions about these contracts. The staff report states that the Town received three proposals from three construction management firms, yet it doesn’t include the bids from the losing firms. Can we find out what the other two firms bid? How does the $180,000 in environmental monitoring compare to other comparable projects? How did the Town arrive at this amount in their negotiations with the Graton Rancheria? Thank you for your consideration and your continued stewardship of our money. Regards, Sara Klein 757 Hawthorne Dr. TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Attorney Subject: Recommendation to Adopt a Resolution Granting Councilmember David Kulik a Leave of Absence. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider adopting a Resolution authorizing a 2-month leave of absence for Councilmember David Kulik. RECOMMENDED ACTION(S) 1. Staff recommends Council adopt a Resolution authorizing Councilmember David Kulik to take a personal leave of absence until April 30, 2021. BACKGROUND Councilmember David Kulik has requested through the Mayor a brief leave of absence for personal reasons, which will cause Councilmember Kulik to miss several Town Council meetings. However, Councilmember Kulik does not intend to vacate his seat as a member of the Town Council. Government Code Section 1770 governs when an office, such as that of Town Councilmember, becomes vacant. That statute provides a list of certain ways that an office is vacated. One of those ways, is when a councilperson “[ceases] to discharge the duties of his or her office for the period of three consecutive months, except when prevented by sickness, or when absent from the state with the permission required by law.” (Gov. Code § 1770(g).) Councilmember Kulik has provided no indication that he desires to vacate his seat, only to take some personal time in order to attend to some personal matters. Therefore, our office thought it was prudent to adopt a resolution to this effect. ANALYSIS No further analysis provided. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting February 24, 2021 Agenda Item: CC-4 Town Council Meeting February 24, 2021 TOWN OF TIBURON PAGE 2 OF 2 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 Council adopt a Resolution authorizing Councilmember David Kulik to take a personal leave of absence until April 30, 2021. Exhibit(s): 1. DRAFT Resolution authorizing Town Councilmember David Kulik’s Leave of Absence. Prepared By: Benjamin Stock, Town Attorney EXHIBIT 1 Page 1 of 1 Town Council Resolution No. XX-2021 DRAFT 02/24/2021 RESOLUTION NO. DRAFT-2021 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING COUNCILMEMBER DAVID KULIK A LEAVE OF ABSENCE WHEREAS, Councilmember David Kulik seeks a brief leave of absence, but does not wish to vacate the seat on the Town Council; WHEREAS, Government Code § 1770, states that a seat on a Town Council becomes vacant when the Councilmember fails to discharge their duties for a period of three consecutive months without the permission from that body; WHEREAS, the Town Council does not wish to cause Councilmember David Kulik to vacate the seat on the Town Council due to a leave for personal reasons; NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and are incorporated herein and form a part of this resolution. BE IT FURTHER RESOLVED that the Town Council grants Councilmember David Kulik a leave of absence until April 30, 2021. The foregoing Resolution was adopted at the special meeting of the Tiburon Town Council held on February 24, 2021 by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Appointment of Chair and Vice Chair to the Diversity Inclusion Task Force Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider appointments of a Chair and Vice Chair of the Diversity Inclusion Task Force. RECOMMENDED ACTION(S) 1. Appoint Chair and Vice Chair of the Diversity Inclusion Task Force to serve for one-year terms until March 2022. BACKGROUND On October 7, 2020, the Town Council created the Diversity Inclusion Task Force (Exhibit 1) specifically tasked to: 1. Provide advice to the Town Council, Town Manager, and Police Chief regarding issues of diversity and inclusion involving the Police force. 2. Provide advice to the Town Council regarding ways to improve diversity generally in the Town of Tiburon. The Task Force is made up of the 5 councilmembers, and 5 at-large members of the public. The 5 at-large members of the task force were appointed on February 3, 2021. The task force is now fully seated, and the first meeting of the Task Force is anticipated to be held on March 10, 2021. The final item before the Council to fully form the Task Force is to appoint two task force members to serve as Chair and Vice Chair of the Task Force. ANALYSIS Section 4 of the resolution creating the Diversity Inclusion Task Force requires that the Town Council appoint one member of the Town Council to serve as the Chair of the Task Force. Similarly, Town Council adopted bylaws of the Task Force (Exhibit 2) on February 3, 2021, which indicate that the Town Council will appoint a Chair and a Vice Chair on an annual basis. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting February 24, 2021 Agenda Item: AI-1 Town Council Meeting February 24, 2021 TOWN OF TIBURON PAGE 2 OF 2 Staff recommends the Chair and Vice Chair of the Task Force rotate annually in March of each year to provide the first Chair and Vice Chair to serve a full year in their positions. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by appointment of a Chair and Vice Chair to the Diversity Inclusion Task Force. 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 Council appoint a Chair and Vice Chair of the Diversity Inclusion Task Force to serve for one-year terms until March 2022. Exhibit(s): 1. Town Council Resolution No. 43-2020 (Establishing Resolution) 2. Town Council Resolution No. 03-2021 (Bylaws) Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 RESOLUTION NO. 43-2020 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING A DIVERSITY INCLUSION TASK FORCE COMPRISED OF MEMBERS OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AND APPOINTED MEMBERS OF THE PUBLIC \VHEREAS, in recent times, acts of racism and resulting death and violence continue to plague our country and local communities despite many pleas for change: WHEREAS, in order to serve our community at large hy creating a safe, inclusive, and equitable community, the Town Council of the Town of Tiburon \vishes to formally recognize the vital role that diversity plays in our lives and communities and to condemn racism, bigotry, bias, hate speech and prejudice of any form; WHEREAS, to that end, the Town Council for the Tmvn of Tiburon seeks to establish a Diversit, Inclusion Task force which Task force shall further the values and ideals described above. NO\V, THEREFORE, BE IT RESOLVED, by the Tovvn Council of the Town of Tiburon as follows: Section 1. Diversity Inclusion Task Force Established. A Diversity Inclusion Task Force of the Town of Tiburon is hereby established for the purpose of advising the Town Council on developing recommendations to further the values of inclusivity and equality and working to identify and address racism. bias and prejudice within the To,vn. Section 2. Standing Committee The Task Force shall be a standing committee of the Tmvn Council of the Town of Tiburon and shall be subject to the Brown Act. (See Gov. Code~ 54952(b).) Section:-;_ Composition of Task Force. The Task Force shall be comprised of the following members \Vith the following qualifications and initial duties: All five (5) members of the Town Council of'the Town of Tiburon. I i,e (5) at-large members of the public who are: o Full-time residents of the Town of Tiburon or City of Belvedere. o Interested in working to create and implement Tm,n policies regarding diversity and inclusion and condemning racism. bias and prejudice. o Ideally posses some awareness of hovv the role of systemic racism produces the current inequities the task force will try to address. Pagel of 3 Town Council Resolution No. 43-2020 10/7/2020 o Ideally possess the experience, qualifications and knowledge either in their professional careers, volunteer vmrk. or personal capacities to engage, organize and provide recommendations to achieve diversity inclusion goals and policies of the Town. Section 4. Appointment of Task Force Members. J\s soon as practicable after adoption of this Resolution. The Town Council shall appoint one member of the Town Council to serve as the Chair of the Task Force. The Town Council shall further direct the Town Manager to create an application Corm and timelines for accepting applications for the five (5) at -large member positions of the Task Force. The Town Manager shall submit to the Town Council at a Town Council meeting. all applications for the five (5) at- large positions. At the meeting at which the Town Manager submits applications to the Tmvn Council, the Town Council shall deliberate and vote on applicants until each at-large position has been filled. Section 5. Goals and Responsibilities of Task Force. The charge of the committee is to: Provide advice to the Town Council, Town Manager. and Police Chief regarding issues of diversity and inclusion involving the Police force Provide advice to the Town Council regarding ways to improve diversity and inclusion generally in the Town of Tiburon Section 6. Meetings. Once convened, members of the Task Force shall vote on a meeting schedule. Meetings should be held monthly, and as required by the needs of the Task Force. and in accordance vvith the Brown Act. Section 7. Term of Task Force. The term of the Task Force shall expire when the Tovm Council repeals this Resolution. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on this 7th day of October, 2020, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSL:'\JT: COUNCILMEMBERS: Town Council Resolution No. 43-2020 Fredericks. Kulik. Ryan. Thier. Welner None None /\LICE FREDERICKS. MAYOR TOWN OF TIBURON 10/7/2020 Page 2 of 3 ATTEST: fr::ANI. TOWN CLERK Page 3 of 3 Town Council Resolution No. 43-2020 10/7/2020 EXHIBIT 2 Page 1 of 3 Town Council Resolution No. 03-2021 2/03/2021 RESOLUTION NO. 03-2021 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING PROTOCOLS AND PROCEDURES FOR THE TOWN OF TIBURON DIVERSITY INCLUSION TASK FORCE WHEREAS, On October 7, 2020, the Town Council for the Town of Tiburon adopted Resolution No. 43-2020 establishing a Diversity Inclusion Task Force; WHEREAS, the Town Council for the Town of Tiburon now seeks to adopt implementing protocols and procedures for the orderly and effective operation of the Task Force. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Tiburon as follows: Section 1. Meetings of the Diversity Inclusion Task Force. The Diversity Inclusion Task Force of the Town of Tiburon (the “Task Force”) shall meet regularly on the 2nd Wednesday of the month at 5:00 p.m. The Task Force shall either meet in the Town of Tiburon Council Chambers, 1505 Tiburon Blvd., or via Zoom pursuant to State law permitting a remote video platform during the pendency of the COVID 19 pandemic. All meetings of the Task Force shall occur at the regular meeting date and time, unless the meeting has been formally cancelled by staff due to a lack of business items or quorum, or due to the Task Force taking action to cancel or change a meeting date and/or time. Section 2. Public Meetings. The Task Force is a standing committee of the Town Council of the Town of Tiburon and is subject to the Brown Act. (See Gov. Code § 54952(b).) As such, members of the public may attend and participate in all meetings of the Task Force. Section 3. Election of Chair and Vice-Chair. On an annual basis, the Town Council shall appoint a Chair and a Vice Chair. Section 4. Term, Appointment and Removal of Task Force Members. Task Force members shall serve for terms of 2 years. All subsequent appointments shall be for terms of 2 years, except that appointments to fill a vacancy where there is an unexpired term shall be for the balanced of the unexpired term only. Upon expiration of a member’s term, that member may be appointed for another term. There shall be no term limits for members of the Task Force. Where a scheduled or unscheduled vacancy on the Task Force occurs, the Town Clerk shall notice the vacancy, accept applications for the position, and place the submission of applications on a Town Council agenda in accordance with Town Council Resolution No. 16-2007 (“Town Appointments Procedure”). Page 2 of 3 Town Council Resolution No. 03-2021 2/03/2021 Members shall be appointed by the affirmative vote of a majority of the Town Council and may be removed by an affirmative vote of a majority of the Town Council. Removal shall automatically occur upon the relinquishment of a member’s residency in Tiburon or Belvedere, or upon any members’ death as provided in Government Code section 1770. Section 5. Recusal from Agenda Items. A member of the Task Force shall immediately recuse themselves from items on a Task Force Agenda where they have a conflict of interest in serving on the Task Force. In addition to any and all conflicts established by State law, including but not limited to those subject to the Political Reform Act and/or Government Code 1090, a conflict of interest shall be presumed to exist where a Task Force member has a financial or other personal interest in items or subjects before the Task Force, which interest would render the member unable to fulfill their duties on the Task Force in an unbiased, balanced, and impartial manner. Section 6. Annual Report The Task Force shall prepare and present an oral annual report to the Town Council to report on its goals, projects, accomplishments and concerns. Section 7. Town Council Procedures Incorporated by Reference. Except where specific protocols, procedures and regulations have been adopted by this Resolution, the Task Force shall adhere to procedures of the most up-to-date version of the Town of Tiburon Newly Appointed Official Information and Orientation Memorandum (the “Memorandum”). Where there is a conflict between this Resolution, Resolution No. 43-2020 (Resolution of the Town Council of the Town of Tiburon Establishing a Diversity Inclusion Task Force) and the Memorandum, this Resolution and Resolution No. 43-2020 shall govern. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on this 3rd day of February, 2021, by the following vote: AYES: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Kulik /s/ HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: /s/ LEA STEFANI, TOWN CLERK Page 3 of 3 Town Council Resolution No. 03-2021 2/03/2021 TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Discuss Use of Action Minutes for Town Council Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will discuss and consider transitioning the Town Council’s minutes to action-style minutes. RECOMMENDED ACTION(S) 1. Discuss transition to action minutes and determine the types of minutes to be used for Town Council meetings. BACKGROUND The California Government Code states that the City Clerk shall maintain a journal of proceedings (or minutes) of City Council meetings. Minutes of Tiburon Town Council meetings are prepared and approved by the Town Council before they are considered final. Once approved, the minutes become the official record of the meeting. Minutes may be subpoenaed as evidence for court purposes and auditors depend on the official record of the meeting for proof of authorization for important expenditures. Minutes are retained permanently. Style of legislative body minutes varies on a spectrum of how much detail is provided in the minutes. Minutes are typically classified onto a spectrum between action, summary, and verbatim. Minutes classified as action minutes typically keep a record of the following information: • The meeting date, start and end times, location, and type of meeting (regular, special, adjourned) • The names of legislative body members and staff present • A description of the items discussed • A list of public speakers, and indication of whether they were in favor or opposed to the item • A statement of action (motion, resolution, ordinance) and a record of the vote TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting February 24, 2021 Agenda Item: AI-2 Town Council Meeting February 24, 2021 TOWN OF TIBURON PAGE 2 OF 3 • Follow up action, if necessary. Summary minutes include all the items listed above and add commentary by members of the public and the Council. Verbatim minutes attempt to capture every comment that is made during the meeting, but not quite every word as a transcript would. ANALYSIS The Town has a responsibility to prepare minutes that serve the intent of the Government Code. The Government Code does not specify in what form or style minutes must be as long as the subject of the proceedings and the final actions are recorded. In 2015, the City Clerks Association of California professional organization took an official position on an appropriate style of minutes, and published guidelines on a style of minutes that serves the intent of the Government Code (Exhibit 1). According to the City Clerks Association of California, appropriate styles of minutes are action or brief summary minutes. Brief summary minutes, at maximum, record: • The advice the body was given to enable it to make its decisions • A brief description of body’s thought process in making the decision (with emphasis on the body’s thought process, not individual members’ thought processes) • The final decision made Staff’s assessment of the Town Council’s current style of minutes would fall on the spectrum between summary and verbatim, commonly categorized as detailed summary minutes. Tiburon’s Council minutes style can be summarized as follows: 1. Staff Presentation – Summary. Condensed comments with focus on what the Council will be discussing. 2. Council Questions – Detailed. Attempts to record each councilmember’s question and the resulting answer from staff. 3. Public Comment – Detailed. Records a summary of all comments made including attempt to capture points made to emphasize the overall position. 4. Council Deliberation – Detailed. Specifically records each councilmember’s comments and reasons for taking a position. Attempts to capture the entire course of the conversation that led to a decision. Not every set of minutes will perfectly reflect this style or level of detail – staff uses discretion in removing some comments that are not fully relevant to the overall discussion or action, redundant comments, and condensing comments into a summary, particularly for non-controversial or routine items. Summary minutes retain some benefit in that they provide a written sense of the flavor of the meeting but do have some fundamental difficulties. Distilling the nuances of a Council discussion into a condensed summary, including appropriate context and a fair capture of each councilmember’s intended point while still removing enough detail to ensure the minutes are factually accurate, defensible, and an efficient read, can be subjective and time-consuming. Town Council Meeting February 24, 2021 TOWN OF TIBURON PAGE 3 OF 3 In years past, this style of minutes served a necessary purpose because the public had more limited access to meetings than it does today. The public now has access to an archive of meeting agendas, staff reports, and recordings of past Council meetings, in addition to the ability to attend current meetings virtually by live-stream. Transitioning to action style minutes can also be cost-effective. The Council’s current style of minutes requires approximately 1-2 hours of working time per every 1 hour of meeting time. This time is spent transcribing what is said and editing the minutes to both condense, but still accurately summarize, nearly all comments made to prepare the minutes for Council review and publication. Once the minutes are prepared, the Council invests time in reviewing the draft, and if necessary, requesting or debating amendments. If amendments are required, staff invests additional time in reviewing the recording of the meeting and making edits based on the Council’s request, before preparing the minutes for additional Council review and adoption. For these reasons, many California cities have transitioned to brief summary or action minutes as the most efficient, succinct, and cost-effective manner for preparing a record of Council action. A recent survey conducted of 146 California cities showed approximately 75% of cities now utilize action or brief summary minutes, 23% utilize summary minutes, and 2% utilize verbatim minutes. FINANCIAL IMPACT Staff currently utilizes the services of a contracted minutes clerk for Town Council detailed summary minutes at a rate of $60.00 per hour. Final costs vary based on the content of the meeting – routine and noncontroversial items typically take less time to summarize, while more involved items (public hearings, lots of discussion and debate, appeal hearings, controversial items) require much more time to prepare. Staff estimates the use of a minutes clerk costs $7,000 - $9,000 annually, in addition to staff time spent reviewing the minutes clerk’s work, prior to publication. 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 Council discuss transition to action minutes and determine the types of minutes to be used for Town Council meetings. Exhibit(s): 1. City Clerks Association of California Minutes Guidelines Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 9/18/2015 CITY CLERKS ASSOCIATION OF CALIFORNIA GUIDELINES FOR PREPARING MINUTES FOR GOVERNMENTAL AGENCIES PURPOSE The City Clerks Association of California issues these guidelines as a tool for government agencies to transition to minutes styles that are efficient, succinct, cost-effective for staff to prepare, and more appropriately aligned with the intent of the Government Code. FINDINGS • Legislative bodies must act, and must be seen to act, within the laws of the State of California and local charters, if applicable. Being seen to act within the law is important, because the legislative body’s decisions may be subject to external scrutiny by the public, auditors, or judicial inquiry. Minutes testify that the correct procedures for decision-making were followed. • Legislative body minutes shall be prepared in a manner consistent with the intent of the Government Code. Relevant Government Codes are as follows: Government Code 40801. The city clerk shall keep an accurate record of the proceeding of the legislative body and the board of equalization in books bearing appropriate titles and devoted exclusively to such purposes, respectively. The books shall have a comprehensive general index. Government Code 36814. The council shall cause the clerk to keep a correct record of its proceedings. At the request of a member, the city clerk shall enter the ayes and noes in the journal. Government Code 54953(c)(2). The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. Government Code 53232.3(d). Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. • All components of minutes shall be for the primary purpose of memorializing decisions made by the legislative body. Any minute component that does not serve this primary purpose should be minimized or eliminated; this includes comments made by individual body members and members of the public. GUIDELINES • Minutes should provide a record of a) when and where a meeting took place, and who was present (including member absences, late arrivals, departures, adjournment time); b) type of meeting (Regular/Special/Adjourned Regular); c) what was considered; d) what was decided; and e) agreed upon follow-up action. Pursuant to Government Code 54953(c)(2), minutes shall report any action taken and the vote or abstention on that action of each member present for the action. • Appropriate styles are action minutes or brief summary minutes. Verbatim style minutes should not be used, because verbatim or lengthy summary minutes do not serve the intent of the Government Code, which is to record the proceedings of the legislative body. • Action minutes merely record final decisions made. Page 2 • Brief summary minutes, at a minimum, record the final decisions made; and, at a maximum, may record what advice the body was given to enable it to make its decisions, the body’s thought process in making the decision, and the final decisions made. Emphasis is given on the body’s thought process, not individual members’ thought processes. The minutes should summarize only the main points which arose in discussion if and only if they are relevant to the decision. • Comments made by members such as “for the record” or “for the minutes” have no bearing on the content of minutes and are given no greater and no lesser consideration than other comments made at the public meeting. Members seeking to memorialize comments should incorporate such verbiage into the language of the motion. As an alternative, members may submit written statements to be retained with the agenda item. • Since the main purpose of minutes is to record the legislative body’s decision, summary minutes should be brief. By concentrating on the legislative body’s decision, brief summary minutes will provide only a select recording of what was discussed at the meeting. Brief summary minutes should not attempt to reproduce, however summarily, what every speaker said. It should only record the essence of the discussion and include the main threads that lead to the body’s conclusion. • To the fullest extent possible, brief summary minutes should be impersonal and should not attribute views to individual persons. Only the positions and decisions taken by the whole legislative body are relevant, not those of individual members. The passive voice is favored i.e. “It was suggested that…,” “It was generally felt that...,” “It was questioned whether…,” “During discussion, it was clarified…” • There are reasons for not attributing comments to specific speakers. First, it makes for brevity--a point can be recorded more concisely in impersonal form. Second, a point raised by one speaker will often be further developed by others—in impersonal brief summary minutes, only the fully-developed point is recorded in its final form. Third, points by several speakers can be consolidated into a single paragraph. Fourth, the impersonal style averts future corrections to minutes. • While the primary purpose of minutes is to memorialize decisions made by the legislative body as a whole, under limited circumstances it is necessary and/or appropriate to attribute comments to individual members including: o Individual member’s reports pursuant to Government Code 53232.3(d) (enacted by AB 1234, 2005). The minute record shall include the type of meeting attended at the expense of the local agency and the subject matter. o Individual member’s reports on intergovernmental agencies. Brief summary minutes should include the type of meeting at a minimum, and, at the maximum, include the subject matter. o Individuals speaking under public comment. Brief summary minutes shall, at a minimum, list the public member’s name (if provided); and, at a maximum, include the overall topic and stance/position. Such as Mr. Jones spoke in opposition to the Project X. Being mindful that the minutes are recordings of the legislative body’s proceedings, it is not appropriate to include detail of individual comments. There is an exception for public testimony provided during public hearings, for which the minutes shall include the speaker’s name (if provided) and a summary position of the speaker (i.e., supported or opposed). • For purposes of meeting Government Code 36814 and/or 54953(c)(2), the city clerk should enter the ayes and noes in the minutes. For informal consensus (i.e. providing staff direction), it is appropriate to note the dissention of one or more members by, at a minimum, stating the dissenting member’s name and dissention, such as “Mr. Jones dissented,” and at a maximum to also include a brief reason, such as “Mr. Jones dissented citing budget concerns.” • While the primary purpose of legislative body meetings is for the legislative body to take legislative action and make decisions to advance agency business, it is acknowledged that agency meetings also Page 3 serve as platforms for ceremonial presentations and reports on social and community events. At a minimum, brief summary minutes should identify that presentations were made and event reports were given; and, at a maximum, report only the subject matter of the presentation or event. • For community workshops and town hall meetings subject to the Brown Act, brief summary minutes, at a maximum, record the overall topic, provided that no legislative actions were taken. It is advisable to note in the minutes that no legislative action was taken. • The guidelines contained herein are applicable to committees and commissions subject to the Brown Act. It is acknowledged that many boards and commissions take few legislative actions, and the tendency is to include more detail in the minutes on event reports and planning. At a maximum, brief summary minutes may include key points of the final reports or determinations, and all comments shall be attributable to the entire body and not attributable to individual members. • Brief summary minutes shall serve to clarify decisions taken and who is expected to execute the decisions. It is not necessary to write down all action points or all tasks identified. Minutes shall not serve as a substitute for task lists, and the focus shall remain on the final decisions made by the legislative body. • The language of brief summary minutes should be relatively restrained and neutral, however impassioned the discussion. Brief summary minutes will record the substance of the point in an intemperate way. • To the fullest extent possible, minutes should be self-contained to be intelligible without reference to other documents. • As a general rule, individual member comments are not identified in the brief summary minutes of discussions, and minutes should concentrate on the collective body’s thought process and the collective decisions made by the majority, not individuals. • Brief summary minutes should concentrate on central issues germane to the final decision. The record of the discussion should be presented in a logical sequence, rather than reproduced in the actual order they were made in discussion. • The legislative body may wish to choose more, substantive (summary) minutes if there’s no archival audio/video backup recording available of its proceedings. If audio/video recording is available for future reference, minute notations can be more limited (action).