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Home My WebLink AboutTC Agenda Pkt 2020-08-19 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council August 19, 2020 Special Meeting – 4:15 P.M. Regular 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/97975294944 Webinar ID: 979 7529 4944 Call-in Number: 1 (669) 900-6833 Access Code: 979 7529 4944 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 – 4:15 P.M. CALL TO ORDER AND ROLL CALL Councilmember Kulik, Councilmember Ryan, Councilmember Welner, Vice Mayor Thier, Mayor Fredericks INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS • Sarah McNamara, Marin Commission on Aging (1 vacancy) • Julie Friedman, Marin Commission on Aging (1 vacancy) • Jacqueline Etemad, Marin Commission on Aging (1 vacancy) ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. CALL TO ORDER AND ROLL CALL Councilmember Kulik, Councilmember Ryan, Councilmember Welner, Vice Mayor Thier, Mayor Fredericks ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. 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 for March 4, 2020 special and regular Town Council meetings (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for March 18, 2020 special Town Council meeting (Department of Administrative Services) CC-3. Town Council Minutes – Adopt minutes for April 1, 2020 special Town Council meeting (Department of Administrative Services) CC-4. Transportation Authority of Marin – Accept the Quick Build grant and authorize the Town Manager to execute the funding agreement (Department of Public Works) CC-5. League of California Cities Annual Conference – Appoint Mayor Fredericks as the Town’s voting delegate for the League of California Cities Annual Conference (Department of Administrative Services) CC-6. Tiburon Tourism Business Improvement District – Approve Board’s annual report, adopt resolution of intention to levy assessments for FY 2020-21 and set public hearing date on proposed assessment (Office of the Town Manager) CC-7. Grand Jury Response – Approve Town’s response to the Marin County Civil Grand Jury Report titled: Follow-Up Report on Web Transparency of Agency Compensation Practices (Office of the Town Manager) CC-8. Tiburon Peninsula Chamber of Commerce – Consider approval of a Memorandum of Understanding with the Chamber of Commerce for the expenditure of Town granted funds (Office of the Town Manager) ACTION ITEMS AI-1. Appointments to Town Boards & Commissions – Consider appointment to the Marin Commission on Aging (Department of Administrative Services) AI-2. Tiburon Slow Street – Conduct review of “Slow Street” concept of closing Main Street on weekends and consider adoption of resolution that would authorize the Town Manager to close the street through October (Office of the Town Manager) AI-3. General Plan Update Consultant – Review proposed contract with O’Rourke & Associates, authorize the Town Manager to enter into a contract with O’Rourke & Associates for the General Plan update and Environmental Impact Report and authorize a transfer of funds from General Fund Reserves to the Tiburon Long Range Planning Restricted Fund (Community Development Department) AI-4. November 3, 2020 Town Council Election – Confirm there are not more nominated candidates than offices to be elected and consider cancellation of November 3, 2020 General Municipal Election and appointment of nominated candidates (Department of Administrative Services) PUBLIC HEARINGS PH-1. Municipal Code Amendments – Consider amendments to Chapter 28 (Smoking and Tobacco Regulations) of the Tiburon Municipal Code that would ban the sale of flavored tobacco – Introduction and first reading of ordinance (Community Development Department) TOWN COUNCIL REPORTS TOWN MANAGER REPORT TM-1. Update on Town’s Response to COVID-19 Emergency WEEKLY DIGESTS • Town Council Weekly Digests – August 7 & 14, 2020 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. Page 1 of 8 Town Council Minutes #03-2020 March 4, 2020 TOWN COUNCIL SPECIAL AND REGULAR MEETINGS DRAFT MINUTES SPECIAL MEETING – 6:00 P.M. On March 4, 2020, the Council held a special meeting as follows: CALL TO ORDER AND ROLL CALL Councilmember Kulik, Councilmember Welner, Vice Mayor Thier, Mayor Fredericks CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9 (d)(1)) Name of Case: Tiburon Open Space Committee, et. al. v. County of Marin, Marin County Superior Court Case No. CIV1704069 INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS •Bronia Hill (Parks, Open Space and Trails Commission) •Jeff Egeberg (Parks, Open Space and Trails Commission) •Christopher Murphy (Parks, Open Space and Trails Commission) ADJOURNMENT – to regular meeting REGULAR MEETING – 7:30 P.M. Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, March 4, 2020, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Kulik, Thier, Welner ABSENT: COUNCILMEMBERS: One Vacant Seat PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Public Works/Town Engineer Barnes, Director of Administrative Services Creekmore, Town Clerk Stefani ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY DR A F T CC-1 Page 2 of 8 Town Council Minutes #03-2020 March 4, 2020 Town Attorney Stock announced that that the Council had voted (4-0) in Closed Session to file a notice of appeal of the Tiburon Open Space Committee, et. al. v. County of Marin judgement. ORAL COMMUNICATIONS Anne Libbon, Audubon Society, asked that the Town take a more active role in instructing the Richardson’s Bay Regional Agency on taking action to follow recommendations and requirements of BCDC to restore order to Richardson’s Bay. RECOGNITION OF TOWN SERVICES • Phil Feldman (Parks, Open Space and Trails Commission – 12 years) INTRODUCTION OF NEW TOWN STAFF • Steve Palmer, Director of Public Works/Town Engineer CONSENT CALENDAR CC-1. Investment Summary – Adopt investment summary for month ending January 31, 2020 (Department of Administrative Services) CC-2. 1707 Vistazo West Street – Adopt Resolution denying appeal of Design Review Board approval of Site Plan and Architectural Review for construction of additions to an existing single-family dwelling with a Variance for reduced side setback (Community Development Department) MOTION: To adopt Consent Calendar Items 1-2, as written. Moved: Thier, seconded by Welner VOTE: AYES: Fredericks, Kulik, Thier, Welner ABSENT: One Vacant Seat ACTION ITEMS AI-1. Appointments to Boards and Commissions – Consider reappointment of commissioners whose terms have expired or appointment of new members to boards & commissions (Department of Administrative Services) Town Clerk Stefani said the Council would consider the annual reappointments or new appointments to boards and commissions. She said a number of commissioners had indicated they would like to be reappointed, and the Council has also interviewed several new applicants for the opening seats. She noted the Council would consider the appointments for the Planning Commission and the Heritage & Arts Commission at a later date due to conflicts in scheduling interviews for the new applicants. Mayor Fredericks opened the floor for public comment. There was none. DR A F T Page 3 of 8 Town Council Minutes #03-2020 March 4, 2020 MOTION: To reappoint the following commissioners whose terms expired on February 29, 2020: Erin Burns (Belvedere-Tiburon Joint Recreation Committee), Bryan Chong (Design Review Board), Suzanne Kim (Design Review Board), and Angela McInerney (Parks, Open Space and Trails Commission) to new four year terms, expiring on February 29, 2024. Moved: Thier, seconded by Welner VOTE: AYES: Fredericks, Kulik, Thier, Welner ABSENT: One Vacant Seat Vice Mayor Thier made a motion to appoint Bronia Hill to the remaining vacancy on the Parks, Open Space and Trails Commission. The motion failed. MOTION: To appoint Timothy Burr to the Parks, Open Space and Trails Commission. Moved: Kulik, seconded by Fredericks VOTE: AYES: Fredericks, Kulik, Thier, Welner ABSENT: One Vacant Seat AI-2. Integrated Pest Management Policy – Consider adoption of updated policy and consider referral of policy to the Parks, Open Space and Trails Commission for further study (Department of Public Works) Director of Public Works/Town Engineer Barnes said the Council approved an Integrated Pest Management (IPM) policy in 2014 that allows for limited use of herbicides to control weeds and invasive species. He said staff recently received correspondence expressing concern about the use of Lifeline, the herbicide currently used in accordance with the IPM. Director Barnes said at the February 19 Town Council meeting, staff was asked to modify the existing policy to match existing practice, and the updated policy is before the Council tonight. Vice Mayor Thier pointed out several inconsistencies in the proposed updated policy and said there were several points missing that had been in the prior policy. She reviewed those points, which related to the use of pesticide, including use around picnic areas and playgrounds, employee safety training, posting notice of spraying, and record keeping. Thier recommended several amendments to the policy and asked the Council to consider these amendments during their discussion. Councilmember Kulik asked the Town Attorney if he had any concerns about the proposed policy and if it was legally sound. Town Attorney Stock said the document was legally sound, and the proposed amendments will not undermine any legality issues. Mayor Fredericks asked for confirmation from staff that the proposed policy, including the recommended amendments, will reflect current policy. Director Barnes confirmed this point. Mayor Fredericks opened the floor for public comment. DR A F T Page 4 of 8 Town Council Minutes #03-2020 March 4, 2020 Helene Marsh asked the Council to consider sending the policy to the Parks, Open Space and Trails Commission for further assessment and updated and noted that pest management practices have changed in the years since the policy was written. Carolyn Loci also spoke in support of sending the policy to the Parks, Open Space and Trails Commission for further review. Mayor Fredericks closed the floor for public comment. Councilmember Kulik believed the Council had served the transparency element of any concerns about the IPM policy by updating the language to reflect current practice, which had been done. He also supported the idea of sending the IPM policy to the Parks, Open Space and Trails Commission as an informational presentation. Mayor Fredericks commented on the health and safety concerns regarding toxicity of substances, at which dosage level certain substances are toxic, and the likelihood that one will encounter a toxic substance. She supported Councilmember Kulik’s suggestion with Vice Mayor Thier’s recommended amendments. Councilmember Welner agreed. Vice Mayor Thier read the recommended amendments into the record as listed below. All amendments will be made to the IPM Policy, as provided as Exhibit 3. • Page 1, Section “What is IPM”, Line 2 to read as “…cultural, mechanical, physical, and/or chemical...” • Page 2, Section “IPM Goals”, #4 to read as “The Town of Tiburon will use pesticides only when necessary and will select a pesticide that is both effective and least toxic.” • Page 2, Section “IPM Goals”, #5 to read as “…picnic areas, Town Hall and the Police Station properly will be designated as pesticide free.” • Page 4, Section “Education and Training of Staff”, Line 2 to read as “…Town parks, landscaped areas, and other essential public lands, or with purchasing, storage, handling…” • Page 4, Section “Education and Training of Staff”, to add as the last sentence of Paragraph 2: “Page 9 is a sample of the employee pesticide safety training record all applicators are required to complete.” • Page 4, Section “Criteria and Selection for Use of Herbicides”, to add as the first sentence of the section: “There shall be no non-exempt herbicide applications permitted within Town playgrounds, picnic table areas, and on the grounds of Town Hall and the Police Department.” • Page 4, Section “Criteria and Selection for Use of Herbicides”, Line 4 to read as “…appearance of public areas and Town facilities.” • Page 5, Section “Notification of Pesticide Application” to delete the first sentence. • Page 5, Section “Record Keeping of Pesticide Applications”, Line 4 to read as “…shall maintain these records for a period of four years as active files…” DR A F T Page 5 of 8 Town Council Minutes #03-2020 March 4, 2020 • Page 6, Section “Record Keeping of Pesticide Applications”, Line 8 to read as “a sample of which is attached as Page 9, and the local form attached as page 10.” • Page 6, Section “Non Herbicidal Pesticide Use” to add as the last sentence: “The public notification provisions of this policy shall also govern the application of non-herbicidal pesticides.” • Page 7 (Attachment A) to add “12. Highway 131 medians. 13. Corporation Yard” MOTION: To adopt the updated IPM Policy with corrections and refer the 2020 IPM to POST for an information presentation and discussion. Moved: Kulik, seconded by Thier VOTE: AYES: Fredericks, Kulik, Thier, Welner ABSENT: One Vacant Seat PUBLIC HEARINGS PH-1. 490 Ridge Road – Consider appeal of Planning Commission interpretation determination for the application of Tiburon Municipal Code section 16-52.030 (Variance) (Community Development Department) Applicant(s): Stephen Schwartz, Owner Appellant(s): Cavi 1985, LLC Address: 490 Ridge Road Assessor Parcel No.: 059-082-06 Staff Report Town Attorney Stock said the Council would be reviewing a zoning interpretation issue: does a lot coverage variance that was previously granted to a property provide either the current owner the flexibility to use that allotted lot coverage amount in a configuration different than the site plan proposed when the excess lot coverage variance was granted (variance is a number only) or does the lot coverage variance apply only to the proposed improvement that was presented when the variance was granted (variance is a number and tied to a location)? He reviewed the history of the property, which has been subject to a variety of planning review processes over the years, including various lot coverage expansions, and the most recent modifications sought to the property. Town Attorney Stock said the Council had most recently partially granted an appeal that would be limited to a specific configuration of the proposed deck expansion. He said the owner had since abandoned those plans, and submitted a new application, which would result in a reconfiguration of the decking. Town Attorney Stock explained the question that had been referred to the Planning Commission was whether the applicant must seek a variance to use the excess lot coverage to this new configuration. The Planning Commission determined that a new variance application is not required if the Design Review Board determines that the prior variance was for “number only”. That decision has now been appealed to the Town Council. DR A F T Page 6 of 8 Town Council Minutes #03-2020 March 4, 2020 He also noted that an administrative policy was recently discovered that indicates the Town has had a past practice of construing prior variances narrowly at that the location of the improvement that accompanied the lot coverage variance were intended to be linked. He said the Planning Commission did not have the benefit of reviewing this policy when it made its decision. The Council asked several clarifying questions. Town Attorney Stock explained the Council is reviewing the Planning Commission’s interpretation about whether lot coverage variances should be considered as a number only, or tied to a location, by default. He also added the administrative policy’s stated practice has been in place since approximately the 1970s. Appellant Presentation Alessandro Beraldi, appellant and neighbor, reviewed the history of the deck expansion proposals, and the appeals to the Town Council. He said the Council’s prior direction was to condition the project on a certain size, shape, and location, but the new proposal puts square footage back in areas that had been originally contested. He spoke about privacy and noise and expressed disappointment that the application was continually recurring. Mr. Beraldi argued that a lot coverage variance should not be interpreted as “number only”. If it was, he said, he should be able to apply for a lot coverage for his property without project plans, which he cannot do. He asked how a lot coverage variance could be a “number only” by default if a person is unable to get a number for their property without also reviewing project plans. Of the Planning Commission review, he noted a number of points the Commission did not hear and misinformation provided when making their interpretation, including the administrative policy, which speaks in favor of lot coverage variances being tied to a specific location. Mr. Beraldi also noted that variances require certain findings to be made, some of which are inherently tied to the location of the proposed improvement. He believed a new variance application should be required and hoped the Council would make that interpretation tonight. Applicant Presentation Stephen Schwartz, applicant and property owner, said the Design Review Board did not find his proposal injurious to the neighbor, and the proposal is still no closer to or visible from the appellant’s property. He said the prior variances granted to the property had no impact on the surrounding neighbors, and he believed that by passing the findings for the variance that the property was now allocated at a certain lot coverage amount due to the topography and nature of the way the home was built. He said he redesigned the proposal hoping to find a common-sense solution to the disagreement. He said there was no intention of “incremental creep” and he intended to stay within the parameters previously set. He reiterated his proposal did not impact the appellant. Mr. Schwartz said he would have no objection to another review by the Design Review Board, but would object to a requirement of requesting an additional variance. He asked the Council to consider the implication of that interpretation: would any property owner with a lot coverage variance have to disclose at sale of the property that any exterior modifications may require DR A F T Page 7 of 8 Town Council Minutes #03-2020 March 4, 2020 making variance findings again? He noted that could be an obstacle for many people and said many homes in his neighborhood already have lot coverage variances. He said he thought he was offering a simple solution that had no impact on any surrounding neighbors and concluded his report. Public Comment There was none. Appellant Rebuttal Mr. Beraldi believed the process of requesting a variance for their property when required should be respected. He spoke about a property owner’s “assumptions at purchase”, meaning buyers should have the expectation that they can develop within the law, and neighboring properties can develop within the law as well. He believed the administrative policy was clear and did not believe this hearing would have been necessary if all parties had read and understood it earlier. Applicant Rebuttal Mr. Schwartz said he wanted to work within the parameters of the system and process. He said he had received unanimous approval for his project from the Design Review Board three times and believed there was an issue with consistency between the Town Council and Design Review Board. Mr. Schwartz said dealing with such inconsistencies between legislative bodies is confusing, difficult, and expensive for homeowners. He said there were valid reasons for the variances on his property, and each one affected no one. He said he was attempting to present an aesthetically pleasing proposal. Town Council Deliberation Mayor Fredericks said the Council’s role in this hearing was to deliberate about the zoning interpretation issue, and not the merits of the application. She asked what the process would be for Mr. Schwartz if the Council determines the default zoning interpretation was that the approved variance is tied to a location. Town Attorney Stock explained the previous project approved by the Council may still stand, but a new configuration or application would go through the application and variance process with the Design Review Board. Councilmember Welner believed a variance’s findings are specific to a project as proposed, including the location. He said the administrative policy likely captures what the Town’s policy would likely be had it ever been formally written. He said there had been some discussion about the Council’s resolution not making specific reference to the location, but recalled the Council’s prior discussion was simply a condition to build in a specific spot, not an invitation to have transferable rights to an area. Mayor Fredericks agreed with Welner’s assessment and said an approved variance is based on specific findings, which inherently refer to number and location. Vice Mayor Thier believed homeowners need consistent application of the rules and need to be able to rely on the decisions that are made, so buyers can reliably understand the restrictions on their property when they purchase it. She agreed that the lot coverage variance number should be DR A F T Page 8 of 8 Town Council Minutes #03-2020 March 4, 2020 tied to the location of the proposed improvement, and further added that variances are application specific and need to consider the location when making the findings. Councilmember Kulik said the Council had heard in the staff report that prior Town practice has been to consider a lot coverage variance as tied to the location and number, and the impact of the opposite might worsen the situation. He said if the variance was just a number that could be transferred throughout the property, a buyer or neighbor’s assumptions at purchase of a property could be destroyed. He suggested some type of formal codification of the administrative policy stating a lot coverage variance relates to the number and location of the improvement and said he would be in favor of granting the appeal. MOTION: To grant the appeal and direct staff to return with an appropriate resolution for consideration of adoption at the next Town Council meeting. Moved: Kulik, seconded by Thier VOTE: AYES: Fredericks, Kulik, Thier, Welner ABSENT: One Vacant Seat TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT None. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 9:50 p.m. _________________________________ ALICE FREDERICKS, MAYOR ATTEST: ___________________________________ LEA STEFANI, TOWN CLERK DR A F T Page 1 of 2 Town Council Minutes #04-2020 March 18, 2020 TOWN COUNCIL SPECIAL MEETING DRAFT MINUTES Consistent with Executive Order No. 25-20 from the Executive Department of the State of California and the County Public Health Department’s March 16, 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. SPECIAL MEETING – 4:00 P.M. Mayor Fredericks called the special meeting of the Tiburon Town Council to order at 4:00 p.m. on Wednesday, March 18, 2020. The meeting was held at Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks (by teleconference), Kulik (by teleconference), Thier (by teleconference), Welner (by teleconference) ABSENT: COUNCILMEMBERS: One Vacant Seat PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock (by teleconference), Town Clerk Stefani ACTION ITEMS AI-1. Declaration of Local Emergency – Adopt resolution ratifying the Town Manager’s proclamation of local emergency (Office of the Town Manager) Town Manager Chanis said he had signed a proclamation of local emergency on March 16, 2020 in response to the impacts of the COVID-19 pandemic. He said the Municipal Code requires Town Council ratification of the Town Manager’s proclamation within seven days. Mayor Fredericks opened the floor for public comment. There was none. MOTION: To adopt the resolution ratifying the Town Manager’s proclamation of local emergency. Moved: Thier, seconded by Kulik VOTE: AYES: Fredericks, Kulik, Thier, Welner ABSENT: One Vacant Seat ADJOURNMENT CC-2 DR A F T Page 2 of 2 Town Council Minutes #04-2020 March 18, 2020 There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 4:05 p.m. _________________________________ ALICE FREDERICKS, MAYOR ATTEST: ___________________________________ LEA STEFANI, TOWN CLERK DR A F T Page 1 of 4 Town Council Minutes #05-2020 DRAFT April 1, 2020 TOWN COUNCIL SPECIAL MEETING DRAFT MINUTES Consistent with Executive Order No. 25-20 from the Executive Department of the State of California and the County Public Health Department’s March 16, 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. All votes were by roll call vote. SPECIAL MEETING – 4:00 P.M. Mayor Fredericks called the special meeting of the Tiburon Town Council to order at 4:00 p.m. on Wednesday, April 1, 2020. The meeting was held at Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks (by teleconference), Kulik (by teleconference), Thier (by teleconference), Welner (by teleconference) ABSENT: COUNCILMEMBERS: One Vacant Seat PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock (by teleconference), Chief of Police Cronin, Town Clerk Stefani ORAL COMMUNICATIONS None. CONSENT CALENDAR CC-1. Announcement of Special Vacancies – Announce two special vacancies on the BuildingCode Appeals Board (Department of Administrative Services) CC-2. Local Emergency – Adopt Resolution terminating the declaration of local emergencyrelated to damage caused by February 2019 storms (Department of Administrative Services) CC-3. 490 Ridge Road – Adopt Resolution granting appeal of Planning Commission’s Interpretation Determination at 490 Ridge Road (Office of the Town Attorney) DR A F T CC-3 Page 2 of 4 Town Council Minutes #05-2020 DRAFT April 1, 2020 CC-4. Investment Summary – Adopt investment summary for month ending February 29, 2020 (Department of Administrative Services) Councilmember Welner requested Consent Calendar Item No. 3 be removed for discussion. MOTION: To adopt Consent Calendar Items 1, 2, and 4, as written. Moved: Thier, seconded by Kulik VOTE: AYES: Fredericks, Kulik, Thier, Welner ABSENT: One Vacant Seat CC-3. 490 Ridge Road – Adopt Resolution granting appeal of Planning Commission’s Interpretation Determination at 490 Ridge Road (Office of the Town Attorney) Town Attorney Stock corrected two typographical errors. Councilmember Welner corrected Paragraph 5, lines 2-4 to read as: “…application is not required to shift previously approved excess lot coverage to a new area, unless the Design Review Board determines that the prior variance for excess lot coverage for a number was tied to a specific location;” Councilmember Welner corrected Paragraph 8, lines 4-6 to read as: “…not required to shift previously approved excess lot coverage to a new area, unless the Design Review Board previously determined that the prior variance was for a number tied to a specific location;” Mayor Fredericks opened the floor for public comment. There was none. MOTION: To adopt Consent Calendar Item No. 3, as amended. Moved: Thier, seconded by Welner VOTE: AYES: Fredericks, Kulik, Thier, Welner ABSENT: One Vacant Seat PUBLIC HEARINGS PH-1. Municipal Code Amendments – Consider adoption of Resolution to authorize the Marin General Services Authority to exercise all the functions previously performed by the Marin Telecommunications Agency and consider Municipal Code Amendments that would repeal the Telecommunications Chapter of the Tiburon Municipal Code establishing the Marin Telecommunications Agency – Introduction and first reading of ordinance Town Manager Chanis said the Marin Telecommunications Agency (MTA) Board of Directors had recently voted to initiate a transition of all MTA’s functions into the Marin General Services Authority (MGSA). He said this transition will result in greater efficiency and reduced overhead costs. DR A F T Page 3 of 4 Town Council Minutes #05-2020 DRAFT April 1, 2020 He said to effectuate the transition, the Council must adopt a resolution authorizing MGSA to exercise the functions previously performed by the MTA and revisions to the Town’s Municipal Code to repeal the ordinance that previously formed the MTA. Councilmember Kulik, currently the Town’s representative to the MTA Board of Directors, spoke in favor of the transition and said it would serve the goals of improved efficiency and financial prudence. Mayor Fredericks opened the floor for public comment. There was none. MOTION: To introduce the ordinance and read by title only. Moved: Kulik, seconded by Welner Mayor Fredericks read “An Ordinance of the Town Council of the Town of Tiburon Providing for the Termination of the Marin Telecommunications Agency and Repealing the Telecommunications Ordinance Codified in Title III, Chapter 9 (“Telecommunications Regulations”) of the Tiburon Municipal Code”. MOTION: To pass first reading of the ordinance, waiving additional readings and to schedule for adoption at the next regular meeting of the Town Council. Moved: Kulik, seconded by Thier ROLL CALL VOTE: AYES: Fredericks, Kulik, Thier, Welner ABSENT: One Vacant Seat MOTION: To adopt the resolution authorizing the Marin General Services Authority to collect franchise fees and PEG access fees from cable television providers on behalf of the Town, and exercise all of the functions previously performed by the Marin Telecommunications Agency. Moved: Kulik, seconded by Thier VOTE: AYES: Fredericks, Kulik, Thier, Welner ABSENT: One Vacant Seat TOWN COUNCIL REPORTS Councilmember Welner asked the Council to consider placing an item on an upcoming Town Council agenda to discuss ways the Town could aid small businesses. TOWN MANAGER REPORT TM-1. COVID19 Update – Town Manager will provide a brief report on the current status of Town operations and summarize resources available to the public. Town Manager Chanis updated the Council on the Town’s current operations, and said staff is working to adapt to the changing guidelines as new public health orders are released by County public health officials. He spoke about the Town’s communications strategy to keep residents DR A F T Page 4 of 4 Town Council Minutes #05-2020 DRAFT April 1, 2020 informed and said the Council may wish to add to a future agenda a discussion about aid to Tiburon’s local small businesses, as has been requested. The Council agreed to hold a special meeting the following week, at which time staff will provide additional information to the council, including resources for small businesses, residents, seniors, and provide local business owners the opportunity to address the Council on the shortcomings of aid currently available from other sources. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 4:55 p.m. _________________________________ ALICE FREDERICKS, MAYOR ATTEST: ___________________________________ LEA STEFANI, TOWN CLERK DR A F T TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Accept the Transportation Authority of Marin Quick Build Grant and Authorize the Town Manager to Execute the Funding Agreement Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town submitted an application for the Transportation Authority of Marin (TAM) Quick Build Program to fund costs related to the Main Street weekend closures for outdoor dining (i.e. Slow Street). TAM approved the grant application and awarded the Town $20,000 for this Project. To receive funding, the Town must execute the TAM Quick Build Funding Agreement. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Approve the Funding Agreement with TAM for the Quick Build Program and Authorize the Town Manager to Execute the Agreement. BACKGROUND Transportation Authority of Marin (TAM) created a Quick Build Program to fund small scale projects that can be constructed quickly to meet the current demand for public spaces by making use of public streets and sidewalks. The Quick Build Program intends to fund projects that implement practices identified in the NACTO Streets for Pandemic Response & Recovery guidance, such as bike and roll lanes, sidewalk extensions, transit lanes, slow streets, pick up and delivery zones, outdoor dining, and markets. A maximum of $20,000 is available to each jurisdiction. A call for projects was issued on June 18, 2020. In response to this call for projects, the Town of Tiburon submitted an application to fund work and improvements for the Main Street weekend closures (Exhibit 1). These weekend closures were developed though the Town Council’s COVID-19 Small Business Task Force and approved by the Council on June 17, 2020. The Town’s application included special directional signage, event signs, safety and traffic control devices, and staff time needed to close Main Street on weekends to allow outdoor dining/market in the street. The Town’s application demonstrated a total cost estimate of $33,680. ANALYSIS TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 19, 2020 Agenda Item: CC-4 Town Council Meeting August 19, 2020 TOWN OF TIBURON PAGE 2 OF 2 The TAM evaluation committee recommended the Town of Tiburon’s application be funded at the maximum amount of $20,000. The TAM Board approved this recommendation on July 23, 2020. To receive funds from this program, the Town must execute the Funding Agreement (Exhibit 2) with TAM. FINANCIAL IMPACT Approving this agreement allows the Town to claim reimbursement for expenses related to the weekend Main Street closures up to $20,000. If the Council does not approve this agreement, then the Town will not be able to receive reimbursement from TAM for these costs. ENVIRONMENTAL REVIEW This Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15301, Class 1(c) of the CEQA Guidelines. As specified in Section 15301, this Project consists of the operation or minor alteration of existing public facilities, involving negligible or no expansion of use beyond that existing. RECOMMENDATION Staff recommends that the Town Council approve the Funding Agreement with TAM and authorize the Town Manager to execute the Funding Agreement. Exhibit(s): 1. Town of Tiburon’s Quick Build Application 2. Funding Agreement Prepared By: Steven Palmer, Director of Public Works/Town Engineer EXHIBIT 1 Transportation Authority of Marin Innovation Program Grant Application for Quick Build Projects June 2020 Page 1 of 5 Grant Application for Quick Build Pilot Projects To meet immediate health needs, and to support businesses, services and institutions in Marin County in response to the COVID-19 pandemic, the Transportation Authority of Marin (TAM) is providing one-time grants to support quick build redesign efforts on public streets. Applications must be received by email on or before Thursday, July 2, 2020 to be considered for funding. Please submit responses to the following questions. 1. Application Information Responsible Agency: Town of Tiburon Address: 1505 Tiburon Boulevard, Tiburon California Contact Person: Steven Palmer, Director of Public Works Phone: (415) 435-7388 E-Mail: spalmer@townoftiburon.org 2. Project Information Project Title: Main Street “Outdoor Dining / Market” Project Description (including project scope, issues that this project will address and expected benefits): The goal of this Project is to close Main Street to vehicle traffic and open the roadway for dining space to be used by the local restaurants. This will enable restaurants to open and operate in compliance with physical distancing requirements. The proposal is intended to provide a passive space to give businesses and restaurants the opportunity to expand outdoor dining and retail to showcase their goods in compliance with physical distancing requirements The closure would be for weekends and will continue throughout the summer. Project will include the following elements: •Special signage to direct vehicle traffic to the Main Street Parking Lot on Tiburon Boulevard, Beach Road, and lower Main Street. •Special signage to direct pedestrian traffic on Main Street to Ark Row/Upper Main Street. •Safety and traffic control devices, and special signage to close Main Street to vehicle traffic. Transportation Authority of Marin Innovation Program Grant Application for Quick Build Projects June 2020 Page 2 of 5 Project Location (please attach a location map showing project limits if available): Site photos and a more detailed map are included as Attachment A. Please describe how this project will implement practices identified in NACTO Streets for Pandemic Response & Recovery guidance (released 5/21/2020 and available here): The Project implements the following practices identified in the NACTIO guidance: Planning •Establishes street dining zones by closing Main Street on weekends. •Waives sidewalk and street dining permit fees, and requires permits demonstrating the proposed table layout to meet occupancy and physical distancing standards. •Commits to Main Street closures Friday afternoon through Sunday night July 3 through September 7, 2020, with additional months possible with Council review. •Town will issue permits to business that require compliance with County Health Order. •Main Street is not a major transit route. Engagement •The Town has worked collaboratively with the Chamber of Commerce to gather interestand input from the local community. Road Closure Road Closure “Outdoor Dining / Market” Patricia F Mouille ft Accounting T rtel Goldsmith Creature Comforts q :uth Livingston Studio Demo Sport f q 1690 Tiburon Boulevard Laundromat Q Tiburon Playhouse Temporarily closed Salt & Pepper tin Takeout T Sam's Anchor Cafe Takeout uron-Sam's fl nchor Cafe ft Tiburon Nails T Temporarily closed uron Peni1 L __________ ___. Historical Tiburon el Transportation Authority of Marin Innovation Program Grant Application for Quick Build Projects June 2020 Page 3 of 5 • The Town engaged with the Chamber to develop an enhanced cleaning program to be implemented by Town Public Works Staff. Design & Implementation • Movable traffic barriers similar to Water Wall Barrier from Uline will be used to close areas to traffic. These weigh 80 pounds when empty, and 1,100 pounds when full of water. Lightweight portable safety barriers will also be used as needed to direct pedestrian traffic. • Chamber will provide large event signage to be posted at the closure location and around Town. • Sidewalks will be kept clear for ADA accessible pedestrian access at all times. • Appropriate road closure signage will be provided by the Town. • Town provided signage and barriers will be stored at a nearby leased location during times when Main Street is open to vehicular traffic. • Town is coordinating with the Chamber and businesses to ensure deliveries occur only when Main Street is open to vehicular traffic. • Restaurant drive up pick up service will be provided on Paradise Drive, adjacent to Main Street. Monitoring • Town staff and Chamber represents will monitor spacing and pedestrian flow to ensure physical distancing is being followed. Does this project include installation/implementation of any of the following elements as defined in the NACTO guidance? Yes No Bike and Roll Lanes: X Sidewalk Extensions: X Transit lanes: X Slow Streets: X Pick Up and Delivery Zones: X Outdoor Dining: X Markets: X Please Describe how this project will promote transit recovery or active transportation modes: The Project promotes active transportation modes by closing Main Street to vehicular traffic. The closure of Main Street will result in more space and improved safety for pedestrians. Please describe how this project will promote equity and prioritize addressing existing inequalities: Improving pedestrian access to Main Street restaurants and businesses improves transportation equity by encouraging walking over vehicles. Transportation Authority of Marin Innovation Program Grant Application for Quick Build Projects June 2020 Page 4 of 5 Please describe the public participation process for implementing the project: This Project was conceived by the local business community and proposed to the Town by the Chamber of Commerce. The Town Council and the Chamber formed a COVID-19 Small Business Relief Task Force in order to study and develop short- and long-term strategies to improve the business environment. The Task Force met several times and recommended that the Town purchase outdoor dining furniture and institute seasonal weekend closure of Main Street (Project). This Project has been discussed at two public Town Council meetings, where the public had the opportunity to comment on the Project. The Project was first discussed at the Town Council meeting on June 3, 2020, where the Town Council received several written comment letters of support (Attachment B). At that meeting, the Council directed staff to purchase the dining tables and bring back to the Main Street Closure concept for action at a future Council meeting. At the next Council meeting on June 17, 2020, the Main Street closure concept was reviewed and approved by the Council (Attachment C). Please describe your agency's long-term plan for the quick-build project and how the effectiveness of the project be measured? The Town Council has directed that this Project will be in place July 3 through September 7, 2020. The effectiveness will be evaluated by observations of the Task Force and Town Staff. If the Project is deemed to be successful, the Town Council will consider extending the term of the Project. 3. Timeliness of Completion The intent of these funds is to facilitate small scale improvements that can be completed quickly with minimal pre-construction work needed. Recipients of these funds are expected to complete construction and begin operation within a matter of weeks, and request reimbursement from TAM. If this project cannot be completed within this timeframe, please describe actions that would be taken to advance this project over a longer duration: The Town is committed to this Project, has the necessary direction from Town Council, and the first weekend of the Main Street Closure will be July 3-4. The Town is in the process of acquiring the outdoor dining furniture and necessary barricades, traffic control devices, and signage. Additionally, the Chamber of Commerce is making banners and other signs to promote and advertise the Main Street closure. Please confirm if the project is exempt or has been cleared from CEQA: Yes ☒ No Project is exempt from CEQA 4. Cost Estimate Breakdown and Schedule Provide the information related to the project cost (including staff time) schedule, and operations and maintenance. Item Unit Quantity Unit Price Item Cost Material & Installation Costs LS 1 $22,580 $22,580 Operating Costs Month 3 $3,700 $11,100 Total $33,680 □ I I Transportation Authority of Marin Innovation Program Grant Application for Quick Build Projects June 2020 Page 5 of 5 5. Innovation Program Funding Requested Provide the amount of funds requested – (limited to $20,000 per request) __$20,000________ 6. Other Programmed Funding Identify other funds programmed for this project. Pending funds are funds for which you intend to apply. Secured funds are funds from sources that have been awarded. Please note that staff time is not eligible for reimbursement. Source (list specific names of other funding) Phase Fiscal Year Status of funds (pending or secured) Programmed Amount General Fund Secured $13,680 Total Funds Programmed $13,680 8. Application Preparation Prepared by: Steven Palmer, Director of Public Works / Town Engineer_ Date: _July 2, 2020_______________________ This Quick Build/Slow Streets Funding Application has been prepared under the direction of the Public Works Director or City Engineer of the Town of Tiburon. The Public Works Director or City Engineer attest to the technical information contained herein and the engineering data upon which recommendations, conclusions, and decisions are based. Signature of Public Works Director/City Engineer: ___________________________________ Date: ____July 2, 2020____________________ r f OUTDOO R D I N I N G / M A R K E T ` TI B U R O N B L V D BEA C H R D ATTACHMENT A SITE PLAN ATTACHMENT A SITE PHOTOS TOWN DINING FURNITURE LOCATION LOOKING WEST TOWARDS CLOSURE ATTACHMENT A SITE PHOTOS MAIN STREET BUSINESSES LOOKING EAST TOWARDS CLOSURE STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Update on COVID-19 Small Business Task Force Activity: Consideration of Request for Town to Purchase Outdoor Dining Furniture, and Presentation on Concept to Institute Seasonal Weekend Closure of a Portion of Main Street. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council will receive an update on the activity of the COVID-19 Small Business Task Force, consider a request by the Task Force for the Town to purchase outdoor furniture (tables and chairs) to be placed in the Fountain Plaza area of downtown for public use, and hear details of a proposed plan to institute seasonal weekend closures of a portion of Main Street. RECOMMENDED ACTION(S) 1.Receive update from Business Task Force and consider request to purchase outdoor furniture in the amount of $12,482.31. BACKGROUND At a special meeting of the Town Council on April 15, 2020, Councilmembers received a presentation by DeAnn Biss, Executive Director of the Tiburon Peninsula Chamber of Commerce (COC) regarding the formation of a COVID 19 Small Business Relief Task Force (Task Force). The purpose of the Task Force is to study and develop short and long-term strategies to improve the business environment in Tiburon as we emerge from the COVID-19 pandemic. At the conclusion of the presentation, Council supported the formation of the Task Force and appointed Councilmembers Kulik and Ryan to participate. On June 3, 2020, the Council received an update on Task Force activities and considered a request by the Tiburon Chamber of Commerce to reallocate funding that Council had approved in October 2019 to support the establishment of a Tiburon Welcome Center. The total amount initially allocated by Council in October 2019 was $126,000 to be expended in Fiscal Year 20 (Current Year), and an additional $20,000 per year for Fiscal Years 21, 22 and 23. After hearing the June 3 update, and considering the request for reallocation of funds, Council approved the following: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Special Meeting June 3, 2020 Agenda Item: AI-2 ATTACHMENT B JUNE 3, 2020 COUNCIL MEETING 1 of 4 1. Reallocation of $16,000 in funding to the COVID-19 Small Business Fund, with these funds to be held and disbursed by the Tiburon Peninsula Foundation acting as Fiscal Agent. 2. Reallocation of $10,000 to support a COC led Re-Engaging Marketing Campaign. 3. Reallocation of $30,000 to the COC to support the development of a scaled down Welcome Center to be located at 46B Main Street. 4. Recommitted to contribute $20,000/year in Fiscal Years 21,22 and 23 to support ongoing COC operations at the Main Street location. Today, Council will receive an update from the Task Force focusing on two areas. The presentation by the Task Force will provide more details, but the areas the update will focus on can be summarized as follows: 1. The first is a request for the Town to purchase outdoor dining furniture to be temporarily placed on Fountain Plaza for use by the public. The Task Force proposes purchasing four sets of teak tables and chairs, with each set consisting of a 6 ft. rectangular table and 2 matching benches. A picture of the proposed furniture is attached as Exhibit 1. The Task Force proposes purchasing the furniture from Terra Outdoor Living in Mill Valley. The total cost for all 4 sets is $12,482.31. A copy of the quote from the vendor is attached as Exhibit 2. Staff notes although the quote was provided to the COC, the proposal is for the Town to purchase and retain ownership of any furniture purchased. Regarding upkeep and maintenance, staff understands if Council were to approve the purchase and placement of the furniture, Main St. restaurants would commit to periodically clean the tables and surrounding plaza area on both weekends and weekdays. In addition, the Town recently instituted weekly power washing of sidewalks, benches, and trashcans in this area, and would be able to easily incorporate any additional furniture in this weekly routine. 2. The second area the Task Force will discuss is a proposal to temporarily close Main Street to vehicular traffic on Summer weekends. Again, the Task Force will provide more detail during their presentation, but the following summary points were provided prior to finalizing the agenda packet. • Temporary for summer - early July through Labor Day • Weekends only - Friday afternoon - Sunday 8pm • Special Signage to direct vehicle traffic to Main Street Parking Lot on Tiburon Blvd, Beach Road and lower Main Street • Special Signage on Main Street to direct pedestrian traffic to Ark Row/ Upper Main Street • Passive space for social distancing - this is NOT intended to be Friday Nights on Main (ie, big bands, crowds of people etc.) rather the opportunity for restaurants to expand outdoor dining and retail to showcase their goods • Ark Row merchants will have the opportunity to set up tables on the closed portion of Main Street ATTACHMENT B JUNE 3, 2020 COUNCIL MEETING 2 of 4 Regarding the street closure, Council is not being asked to make a decision on this matter today, and the item will be placed on the agenda for the June 17 Council meeting for further Council consideration and possible action. FINANCIAL IMPACT Regarding the request to purchase outdoor furniture, in October 2019, Council approved $126,000 in one-time funding to the COC in the current Fiscal Year 2020 (Current Year). At the June 3 meeting, Council reallocated $56,000 of the $126,000 in one-time funding as described above, leaving the remaining $70,000 unallocated. If Council supports the request for purchasing outdoor furniture, staff recommends using a portion of these remaining funds for the purchase, therefore, no additional budget amendment would be required. In addition to the direct cost, there would be a minor impact on staff time to provide the weekly power washing described earlier. With regards to the proposed Main Street closure, as Council is not being asked to authorize an action this evening, there is no anticipated financial impact related to this item. Based on the details provided in the update today, staff will be prepared to analyze the potential financial impact to the Town and report those findings to Council at the June 17 meeting. 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 Town Council: 1. Receive update from Business Task Force and consider request to purchase outdoor furniture in the amount of $12,482.31. Exhibits: 1. Furniture Photo 2. Vendor Quote Prepared By: Greg Chanis, Town Manager ATTACHMENT B JUNE 3, 2020 COUNCIL MEETING 3 of 4 ---- From:Greg Chanis To:Lea Stefani Subject:FW: LATE RECEIVED MAIL Date:Wednesday, June 3, 2020 1:56:32 PM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 -----Original Message----- From: Jim Wood <tiburonjimwood@gmail.com> Sent: Wednesday, June 3, 2020 1:49 PM To: Greg Chanis <gchanis@townoftiburon.org> Cc: Greg Chanis <gchanis@townoftiburon.org>; Patti Pickett <ppickett@townoftiburon.org>; editor@thearknewspaper.com Subject: LATE RECEIVED MAIL 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. Dear Tiburon Town Council: I heartedly endorse spending $12,500 for four tables and benches to be placed outside at Fountain Plaza where local restaurants could serve summer evening dinners. May I also suggest extending the opening dates through October. After nearly 20 years of living in Tiburon, I’ve observed August as being cold, grey and dreary (Mark Twain's coldest-ever winter was, “Two weeks of summer in San Francisco.”) Meanwhile, September and October are usually warm, sunny and colorful. Why close things down just as it’s warming up? Cheers, Jim Wood 1465 Vistazo W., Tiburon, CA, 94920 ATTACHMENT B JUNE 3, 2020 COUNCIL MEETING 4 of 4 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Consider approval of “Slow Street” Proposal, including the closure of Main Street during weekends this summer Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY On June 3, 2020, the Town Council adopted Resolution No. 18-2020 enabling certain businesses in Tiburon to reopen pursuant to State and County public health guidelines, and facilitates the operation of business outside by allowing businesses to submit an application to enter into a temporary encroachment agreement with the Town. Tonight, the Council will consider allowing the closure of Main Street during summer weekends to further allow downtown restaurants and business to operate in compliance with social distancing requirements. RECOMMENDED ACTION(S) 1. Consider approval of the Slow Street concept closure of Main Street on the weekends between early July and Labor Day of this year and adopt the attached resolution (Exhibit 1) giving the Town Manager the authority to close the road. BACKGROUND In May 2020, the Governor of California and the California Department of Public Health (CDPH) initiated a staged reopening of non-essential businesses throughout the state, provided those businesses reopen subject to County guidelines and social distancing requirements. On June 3, 2020, the Council adopted Resolution No. 18-2020 authorizing certain businesses to operate outside. The Resolution requires all businesses operating outside to remain in full compliance with all State and County orders, including social distancing requirements. The Resolution also facilitates the reopening of businesses in a manner that is consistent with social distancing requirements by allowing businesses to submit an application to enter into a temporary encroachment agreement with the Town. The encroachment agreement ensures that the use of outdoor spaces do not impede traffic flow, create fire hazards or interfere with public access. Also, on June 3, DeAnn Biss of the Tiburon Peninsula Chamber of Commerce updated the Council on the recent activities of the COVID-19 Small Business Relief Task Force. One of the recommendations of the Task Force was for the Council to consider the “Slow Street” proposal to TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 17, 2020 Agenda Item: AI - 1 ATTACHMENT C JUNE 17, 2020 COUNCIL MEETING 1 of 14 temporarily close Main Street to vehicular traffic on summer weekends to further enable Main Street businesses to open and operate in compliance with social distancing requirements on the weekends. ANALYSIS Tonight, the Council is asked to Consider approval of the “Slow Street” proposal to close Main Street to vehicular traffic on weekends this summer. Additional details of the proposal are listed below. • The closure would be temporary for this summer: early July through Labor Day 2020. • The closure would be for weekends only: Friday afternoon through 8 p.m. on Sunday • There will be special signage to direct vehicle traffic to the Main Street Parking Lot on Tiburon Boulevard, Beach Road, and lower Main Street. • There will be special signage to direct pedestrian traffic on Main Street to Ark Row/Upper Main Street. • This proposal is intended to provide a passive space to give businesses and restaurants the opportunity to expand outdoor dining and retail to showcase their goods in compliance with social distancing requirements – it will not operate like Friday Nights on Main with big bands or crowds of people. • Ark Row merchants will have the opportunity to set up tables on the closed portion of Main Street. If the Council wishes to approve the proposal, it should adopt the attached resolution (Exhibit 1). This resolution is an amended version of Resolution No. 18-2020 and provides the Town Manager the authority to close the street on the weekends until September 8, 2020 (see Section 7). FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. 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 consider approval of the Slow Street concept closure of Main Street on the weekends between early July and Labor Day of this year and adopt the attached resolution (Exhibit 1) giving the Town Manager the authority to close the road. Exhibit(s): 1. Draft Resolution Prepared By: Lea Stefani, Town Clerk ATTACHMENT C JUNE 17, 2020 COUNCIL MEETING 2 of 14 From:Michele Pfeifer To:Lea Stefani Date:Tuesday, June 16, 2020 4:11:34 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. Hi Lea I am writing to the Tiburon Town Council in support of the Tiburon Task Force Slow Street proposal. Closing lower Main Street to vehicular traffic and creating a safe space for residentson the weekends will positively impact our business. The ability to expand my restaurant and offer outdoor dining is critical to our bottom line as we provide seating according to socialdistancing Marin County guidelines. We want to continue to help Tiburon get back to some type of normalcy and look forward to keeping everyone safe. Thank you for supporting local Tiburon businesses. Michele Michele Pfeifer General Manager 27 Main St, Tiburon, CA 94920 P 415.435.4527 michele@samscafe.comsamscafe.com ATTACHMENT C JUNE 17, 2020 COUNCIL MEETING 3 of 14 R R From:paulino monterroso To:Lea Stefani Subject:Town of Tiburon Date:Tuesday, June 16, 2020 6:00:22 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. To whom it may concern, I am writing to the Tiburon Town Council in support of the Tiburon Task Force Slow Street proposal. Closing lower Main Street to vehicular traffic and creating a safe space for residentson the weekends will positively impact my business here at Salt & Pepper Restaurant. The ability to expand my restaurant and offer outdoor dining is critical to our bottom line as weprovide seating according to social distancing Marin County guidelines. Thank you for supporting local Tiburon businesses. Best, Paulino Monterroso ATTACHMENT C JUNE 17, 2020 COUNCIL MEETING 4 of 14 From:Crystal To:Lea Stefani Subject:Town council meeting regarding slow street. From Luna Blu Date:Wednesday, June 17, 2020 7:20:20 AM 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. Dear Tiburon town council, We reopened Luna Blu to outside dining June 3rd and have noticed a 20% drop in the number of guests. We currently have 20% less tables available due to the social distancing and being unable to seat guests inside our restaurant. After not being open properly and losing over 90% of our revenue from March to May we have had to resort to a large SBA EIDL loan to cover our expenses and debts. This debt we expect to carry for many years. In order to maintain guest levels and business revenue with reduced tables we request on our website and on online reservation confirmations that our diners stay at tables for no longer than 1.5hrs for tables up to 4 people and 2hrs for tables of 5 to 6 people. Unfortunately it hasn’t been working out. The four tables we are missing on a busy day can mean up to 100 diners less. In Tiburon restaurant businesses really need to “make hay while the sunshines”. In the winter we generate a loss, it is only during the summer months that we make any money and make it possible to get through the winter. If we can expand our restaurants out into the street we have a chance to make-up for the losses we are experiencing due to the social distancing rules currently in place. We have been fortunate and not let any of our team go with the help of the PPP loan. If we have the opportunity to have a strong summer of sales with the additional street tables. Then we have a better chance of survival through the winter. It is very hard as business owners to stay optimistic and positive with our guests and our team, when we don’t know how we can stay afloat and worry how we can pay our business expenses and have anything left to pay ourselves. I can understand why so many businesses are closing down during these times of uncertainty, but hope that our local community will feel more confident to come out if we are able to provide a comfortable environment where they can relax and feel safe. Best wishes, Crystal & Renzo Azzarello Luna Blu owner operators. ATTACHMENT C JUNE 17, 2020 COUNCIL MEETING 5 of 14 From:Christa Fancher To:Lea Stefani Subject:Main Street Date:Wednesday, June 17, 2020 12:31:32 PM Attachments:SRS Acquiom Elevate Your Gain.png linkedin-twitter.png 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. Greetings! We’re residents of Corinthian Island (4 Bellevue Ave.) and we’re VERY supportive of the idea to close Main Street for outdoor dining, music, shopping, etc. I believe we need to do evening in our power to encourage folks to patronize our local business. Thank you for your work on this! All the best, Christa Christa Fancher Managing Director, Business Development Western US and Asia O 415.373.4024 M 415.828.5034 cfancher@srsacquiom.com srsacquiom.com Securities offered through Acquiom Financial LLC, an affiliate broker-dealer of SRS Acquiom Inc., located at 950 17th Street, Suite 1400 Denver, CO 80202, and member FINRA/SIPC. This email, along with any attachments, is intended for the named recipient(s) and may contain confidential or proprietary information. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by email and delete the original message, including any attachments ATTACHMENT C JUNE 17, 2020 COUNCIL MEETING 6 of 14 R AOOU ,QM EEV I rllm From:Eric Artman To:Lea Stefani Subject:Comments on closing Main Street Date:Wednesday, June 17, 2020 12:35:44 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. Closing the first block only of Main Street for limited periods of time during the pandemic makes sense. Closing Ark Row is out of the question because of Corinthian Island andparking lot considerations. Closing any part of Main Street permanently is insane. Visitors don't get out of their cars until they see something they want to visit. We already know that Friday Nights on Main don'twork every Friday night during summertime even in non-pandemic times, much less 24/7/365. America has scores, probably hundreds, of cities & towns that have destroyed theirdowntowns by closing streets for "pedestrian malls" that dreamers adored but drivers hated, choosing instead to go to places they could see and park. Don't make the center of Tiburon'sbusiness area look empty & desolate. Eric Artman 25 year Tiburon resident ATTACHMENT C JUNE 17, 2020 COUNCIL MEETING 7 of 14 From:Jennifer Miller To:Lea Stefani Subject:Corinthian island resident says Close off Main Street! Date:Wednesday, June 17, 2020 12:36:04 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. I’ve been saying this for years! Do it!!!! Make it cute like Marin Mart! Potted trees and plants, beautiful big tables, fire pit? Kid area. It would make Main Street much more of a destination for locals and tourists. Closing off Main is the best idea hands down. My house looks over Main Street - I am right there and I am in favor. Jen Eastview Avenue Interior Design 75 Eastview Avenue Tiburon, CA 94920415-686-2575 ATTACHMENT C JUNE 17, 2020 COUNCIL MEETING 8 of 14 From:Christa Fancher To:Lea Stefani Subject:Re: Main Street Date:Wednesday, June 17, 2020 1:32:20 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. Thank you! I also love the idea of extending the sidewalk on ark row and eliminating the parking spots. I think that would encourage more folks to patronize those businesses as well.We love our town and we want it to thrive! ;-) Christa Fancher Managing Director SRS | Acquiom 415.828.5034 Mobile415.373.4024 Office On Jun 17, 2020, at 1:13 PM, Lea Stefani <lstefani@townoftiburon.org> wrote: Thanks Christa. I have forwarded this on to the Council. Lea Stefani Town Clerk | Town of Tiburon (415)435-7377 lstefani@townoftiburon.org From: Christa Fancher <cfancher@shareholderrep.com> Sent: Wednesday, June 17, 2020 12:31 PM To: Lea Stefani <lstefani@townoftiburon.org> Subject: Main Street 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. Greetings! We’re residents of Corinthian Island (4 Bellevue Ave.) and we’re VERY supportive of the idea to close Main Street for outdoor dining, music, shopping, etc. I believe we need to do evening in our power to encourage folks to patronize our local business. Thank you for your work on this! All the best, Christa Christa Fancher ATTACHMENT C JUNE 17, 2020 COUNCIL MEETING 9 of 14 Managing Director, Business Development Western US and Asia O 415.373.4024 M 415.828.5034 cfancher@srsacquiom.com <image001.png> srsacquiom.com <image002.png> Securities offered through Acquiom Financial LLC, an affiliate broker-dealer of SRS Acquiom Inc., located at 950 17thStreet, Suite 1400 Denver, CO 80202, and member FINRA/SIPC. This email, along with any attachments, is intendedfor the named recipient(s) and may contain confidential or proprietary information. If you are not an intended recipient,you may not review, copy or distribute this message. If you have received this communication in error, please notify usimmediately by email and delete the original message, including any attachments ATTACHMENT C JUNE 17, 2020 COUNCIL MEETING 10 of 14 From:Ken Simpson To:Lea Stefani Subject:Convert Main St to a walking plaza Date:Wednesday, June 17, 2020 1:39:58 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. I would love to see this. Most agree. Here is a poll: https://nextdoor.com/news_feed/?post=151967655 Thank you, Ken Simpson ATTACHMENT C JUNE 17, 2020 COUNCIL MEETING 11 of 14 From:Micholyn Brown To:Lea Stefani Subject:Closure of Main Street on weekends Date:Wednesday, June 17, 2020 2:00:30 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. I live at Tiburon point... I see and feel the difference when Main Street is closed.. More people, more shopping, more eating in restaurants.. I love the idea. Hope it goes through Sent from my iPhone ATTACHMENT C JUNE 17, 2020 COUNCIL MEETING 12 of 14 From:Lauren Druyan To:Lea Stefani Subject:In Support of a Pedestrian Only Main Street Date:Wednesday, June 17, 2020 2:12:35 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. I'd like to voice my support in favor of shutting down Main Street as a pedestrian only zone on weekends. Perhaps using some of the funds for whatever proposed visitor center wasenvisioned to instead support live music, police overtime, etc. In this day and age it seems a bit anachronistic to have a standalone visitor center to hand out pamphlets and localinformation when this could be accomplished by a website and availability of these materials instead already existing local businesses. In addition to opening up Main Street I believe the town needs to look at the ways it's ownbureaucracy is hindering business growth. We should be making it as easy as possible for businesses to renovate and open rather than hindering them with various stop work orders andan excessive permitting process. Make Tiburon an attractive place to do business instead of a ghost town! Thank you and good luck! Lauren Druyan301 San Rafael Ave Belvedere ATTACHMENT C JUNE 17, 2020 COUNCIL MEETING 13 of 14 From:Paul Mourani To:Lea Stefani Subject:Main Street traffic closure trial Date:Wednesday, June 17, 2020 3:58:30 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. I understand there is a town council vote tonight on this topic and want to send my support for a yes vote on the project. I am sure if this was mentioned in a Town of Tiburon newsletter, it would have almost universal support as it is receiving on Nextdoor today. Thanks, Paul Mourani ATTACHMENT C JUNE 17, 2020 COUNCIL MEETING 14 of 14 EXHIBIT 2 T:\14. PROJECTS AND PROGRAMS\14.001 Measure AA\Funding Agreements\Category 2\Category 2.4\Quick Build Program 2020\Tiburon\TAM Funding Agreement A-FY21-24 revised 08042020.doc Page 1 of 8 TAM AGREEMENT A-FY21-24 FUNDING AGREEMENT BETWEEN TRANSPORTATION AUTHORITY OF MARIN AND TOWN OF TIBURON This AGREEMENT is made this ______ of _______________ 20____, by and between the Transportation Authority of Marin, hereinafter referred to as “TAM,” a local public agency, and the Town of Tiburon, hereinafter referred to as “RECIPIENT,” a local public agency. SECTION 1. RECITALS 1. The voters of Marin County approved the authorization of Measure AA at General Elections held on November 6, 2018 thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transaction and use tax. 2. The Measure AA Strategic Plan was developed to provide guidance on implementing the Measure AA Expenditure Plan. 3. The Measure AA Strategic Plan programs Measure AA funds over a 30-year period to the four categories listed in the Expenditure Plan, including Category 2.4 for operational improvements to local streets and roads through innovative technology. 4. TAM created the Quick Build Program under Category 2.4 to fund small-scale projects that can be constructed quickly to meet the current demand for public spaces by making use of public streets and sidewalks. 5. TAM issued a Quick Build Program Call for Projects on June 18, 2020 and received applications for funding. 6. The applications were evaluated in accordance to the criteria specified Call for Project with the assistance of an Evaluation Committee. 7. Because of the following factors: public health crisis caused by COVID-19, need to respond to emergency orders from the public health department, compressed timeframe of the Call for Projects, and brief opportunity for some agencies to implement projects during the summer months, the Town of Tiburon would need to incur expenses prior to TAM Board approval of projects. 8. The Town of Tiburon requested its project’s incurred expenses to be eligible for reimbursement as early as June 29, 2020 if selected. 9. Considering the current public health emergency and to support public health emergency orders, TAM staff agreed to the Town of Tiburon’s request. 10. The recommended applications were approved for funding by the TAM Board on July 23, 2020. T:\14. PROJECTS AND PROGRAMS\14.001 Measure AA\Funding Agreements\Category 2\Category 2.4\Quick Build Program 2020\Tiburon\TAM Funding Agreement A-FY21-24 revised 08062020.doc Page 2 of 8 SECTION 2. PURPOSE OF FUNDING AGREEMENT This AGREEMENT is entered into by and between TAM and RECIPIENT to document the funding conditions necessary for the RECIPIENT to comply with applicable law and TAM policies. This AGREEMENT consists of additional documents stated in these sections as being attached hereto and incorporated in the AGREEMENT by reference. SECTION 3. PROJECT DEFINITION AND SCOPE This AGREEMENT, approved by TAM Board Action on July 23, 2020, in accordance with the requirements of TAM’s Measure AA Expenditure Plan and Strategic Plan, is made for the funding of the following project (“PROJECT”) identified in the RECIPIENT’s Quick Build Project Information Sheet (Attached):  Main Street Outdoor Dining/Market Additional information on project scope is included in the Quick Build Project Information Sheet, referenced as Exhibit A. SECTION 4. GRANT TAM hereby grants to the RECIPIENT the sum of $20,000.00 in Measure AA funds (“FUNDS”) as designated in Resolution No. 2020-09, approved July 23, 2020, which is included in this AGREEMENT by reference as Exhibit B. SECTION 5. COST ELIGIBILITY Cost eligibility shall be determined by TAM’s Strategic Plan policies. All costs incurred by RECIPIENT prior to the date of execution of this AGREEMENT shall be ineligible for reimbursement by TAM. Any waiver of cost eligibility policies must be included in RECIPIENT’s Quick Build Project Information Sheet approved by TAM. SECTION 6. BUDGET AND SCOPE RECIPIENT shall maintain a project or program budget. RECIPIENT shall carry out the project and shall incur obligations against and make disbursements of the grant in conformity with TAM’s requirements and the budget. The project or program budget may be revised from time to time through the submission of a revised budget to TAM. RECIPIENT may not make any changes to the scope of the PROJECT without prior written approval of TAM. Approval by TAM of a change of scope shall not constitute an increase in the grant amount unless additional funds are specifically provided. SECTION 7. PROJECT MANAGEMENT RECIPIENT shall be responsible for the project and provide management of consultant and contractor activities for which RECIPIENT contracts, including responsibility for schedule, scope, and budget, consistent with TAM’s resolution allocating the grant unless otherwise agreed upon in writing. T:\14. PROJECTS AND PROGRAMS\14.001 Measure AA\Funding Agreements\Category 2\Category 2.4\Quick Build Program 2020\Tiburon\TAM Funding Agreement A-FY21-24 revised 08042020.doc Page 3 of 8 SECTION 8. PROJECT OVERSIGHT RECIPIENT shall cooperate with TAM’s project management team and shall provide any requested PROJECT information. SECTION 9. ATTRIBUTION AND SIGNAGE If any portion of grant FUNDS is used for production of reports, acknowledgment of the TAM’s role in funding the PROJECT shall be included in the documents. If any portion of grant FUNDS is used for construction, RECIPIENT shall, upon initiation of field work or at the earliest feasible time thereafter, install and maintain a sign at the construction site identifying Measure AA Local Transportation Sales Tax Funds and TAM (e.g., TAM and RECIPIENT’s logos – “Your Measure AA Sales Tax Dollars at Work”). For non-construction capital purchases funded by any portion of grant FUNDS, RECIPIENT shall affix permanent signage identifying TAM and the Sales Tax Funds as a funding source. RECIPIENT shall demonstrate compliance with attribution and signage requirements as an indispensable condition for authorization of reimbursement for project expenses. SECTION 10. PRESS RELEASES RECIPIENT shall notify TAM in advance of any press releases about project activities, particularly groundbreakings and ribbon cuttings, in connection with grant FUNDS expended pursuant to this AGREEMENT. SECTION 11. COMPLIANCE WITH LAW In the performance of its obligations pursuant to this AGREEMENT, RECIPIENT shall keep itself fully informed of the federal, state and local laws, ordinances and regulations in any manner affecting the performance of this AGREEMENT, and must at all times comply with such laws, ordinances, and regulations as they may be amended from time to time. SECTION 12. ENVIRONMENTAL COMPLIANCE RECIPIENT shall undertake all environmental mitigation measures that may be identified as commitments in applicable documents (such as environmental assessments, environmental impact statements and reports, and memoranda of agreement) and comply with any conditions imposed as a part of a finding of no significant impact or a record of decision; all such mitigation measures are incorporated in this AGREEMENT by reference. Recipient shall be responsible for obtaining all necessary environmental permits for performance of work. SECTION 13. FINANCES All costs charged to the PROJECT shall be supported by properly prepared and documented time records, invoices, or vouchers evidencing in detail the nature and propriety of the charges and the basis for the percentage charged to TAM. SECTION 14. RECORDS All checks, payrolls, invoices, contracts, vouchers, journal entries, work orders, or other accounting documents pertaining in whole or in part to the PROJECT shall be maintained by RECIPIENT for a T:\14. PROJECTS AND PROGRAMS\14.001 Measure AA\Funding Agreements\Category 2\Category 2.4\Quick Build Program 2020\Tiburon\TAM Funding Agreement A-FY21-24 revised 08042020.doc Page 4 of 8 period of three (3) years after the later of project closeout or termination of grant. Such project documents shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other similar documents not pertaining to the PROJECT. SECTION 15. REIMBURSEMENTS Payment shall be made by TAM for costs reimbursable under the terms of this AGREEMENT and incurred prior to the termination date of this AGREEMENT. Payment to RECIPIENT of the grant shall be upon written approval by TAM, upon submittal by RECIPIENT of appropriate support documentation and identification of expenses incurred. Reimbursements shall not exceed the schedule shown in the Reimbursement Schedule identified in Exhibit A. RECIPIENT may make a request for exceptions in writing. Exceptions may be made at the sole discretion of TAM. Each reimbursement request shall include RECIPIENT’S certification that the amounts sought are only for project elements included in Exhibit A, and that RECIPIENT is in compliance with TAM’s requirements mentioned in this AGREEMENT. SECTION 16. ELIGIBLE EXPENSES RECIPIENT shall expend FUNDS only on eligible expenses as follows: operating costs, direct staff time (salary and benefits), consultants; right of way engineering and acquisition costs (including permitting), and competitively bid construction contracts. Indirect costs (as defined by OMB Circular A-87) will not be considered an eligible expense. FUNDS shall also be expended according to the applicable provisions of the Expenditure Plan and of the Public Utilities Code Section 180000 et seq. SECTION 17. AUDITS TAM reserves the right at any time to conduct or require a financial or performance audit of the RECIPIENT'S compliance with this AGREEMENT. TAM will give advance notice of the requirement. RECIPIENT shall permit TAM, or any of its duly authorized representatives, to inspect all work, materials, payrolls, and other data and records with regard to the PROJECT, and to audit the books, records, and accounts of the RECIPIENT and its contractors with regard to the PROJECT. SECTION 18. THIRD PARTY CONTRACT AUDITS TAM reserves the right to request an audit of other third-party contracts for any reason. If RECIPIENT is subject to third party financial audit requirements imposed by another funding source, copies of audits performed in fulfillment of such requirements shall be provided to the TAM. SECTION 19. CLOSEOUT PROCEDURES AND PROJECT CLOSEOUT REPORT Project closeout occurs either when TAM notifies RECIPIENT of the project closeout or forwards to RECIPIENT the final grant payment. RECIPIENT shall provide to TAM a Project Closeout Report as shown in Exhibit C with the final reimbursement request. Upon request by TAM or discovery by RECIPIENT, after the project completion date or termination by TAM, RECIPIENT shall submit a certified financial statement identifying all ineligible expenditures, which the RECIPIENT shall be required to refund, as well as third party audit reports, as applicable. Project closeout shall not terminate any continuing obligations imposed on the RECIPIENT by this T:\14. PROJECTS AND PROGRAMS\14.001 Measure AA\Funding Agreements\Category 2\Category 2.4\Quick Build Program 2020\Tiburon\TAM Funding Agreement A-FY21-24 revised 08042020.doc Page 5 of 8 AGREEMENT. Final reimbursement will be in accordance with TAM policies and procedures. RECIPIENT shall provide supporting documentation for expenditures and revenues from its accounting and financial management system. SECTION 20. REPAYMENT OF INELIGIBLE COSTS TAM reserves the right to offset RECIPIENT payback of ineligible costs against future grant approvals for this PROJECT or other projects in the Expenditure Plan for which RECIPIENT is the sponsoring agency. SECTION 21. RIGHT TO WITHHOLD If a Project Closeout Report is not provided to TAM by the project closeout date and/or such items are found not to be in compliance with this AGREEMENT, Public Utilities Code Section 180000 et seq., the ballot measure or the Strategic Plan, TAM may withhold FUNDS from RECIPIENT until RECIPIENT has corrected any noted deficiencies to TAM’s satisfaction. While FUNDS are being so withheld all interest on withheld FUNDS shall be retained by TAM as an administrative fee. SECTION 22. RESCISSION OF AUTHORIZATION OF FUNDS TAM reserves the right to rescind its authorization of that portion of the grant FUNDS that are unneeded prior to, or at the time of, project closeout. FUNDS are determined to be unneeded if they are uncommitted at time of project closeout. Uncommitted funds are FUNDS that have been authorized but are in excess of that total eligible costs incurred by RECIPIENT. SECTION 23. TERMINATION FOR CAUSE Except as provided by Section 24 below, RECIPIENT agrees that, upon ten (10) working days written notice, TAM may suspend or terminate all or part of the financial assistance provided herein for failure to correct a breach of this AGREEMENT. Any failure to make reasonable progress, inconsistency with the Expenditure Plan or Measure AA Sales Tax Program Safe Pathway Project Information Sheet, unauthorized use of grant FUNDS as specified in this AGREEMENT, or other violation of the AGREEMENT that significantly endangers substantial performance of the PROJECT shall be deemed to be a breach of this AGREEMENT and cause for termination. Upon mutual consent, RECIPIENT will repay TAM any unexpended FUNDS already distributed. SECTION 24. CORRECTION OF BREACH Notwithstanding the provision of Section 23 above, with respect to any breach, which is reasonably capable of being cured, RECIPIENT shall have thirty (30) days from the date of notice of breach to initiate steps to cure. If RECIPIENT diligently pursues cure, such RECIPIENT shall be allowed a reasonable time to cure or by a time established in writing by TAM. SECTION 25. LIABILITY Neither TAM nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT under or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, RECIPIENT shall fully defend, indemnify and hold TAM harmless from any liability imposed for injury (as defined by Government T:\14. PROJECTS AND PROGRAMS\14.001 Measure AA\Funding Agreements\Category 2\Category 2.4\Quick Build Program 2020\Tiburon\TAM Funding Agreement A-FY21-24 revised 08042020.doc Page 6 of 8 Code Section 810.8) occurring by reason of anything done or omitted to be done by RECIPIENT under or in connection with any work, or jurisdiction delegated to RECIPIENT under this AGREEMENT. Neither RECIPIENT nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by TAM under or in connection with any work, authority, or jurisdiction delegated to TAM under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, TAM shall fully defend, indemnify and hold RECIPIENT harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring in by reason of anything done or omitted to be done by TAM under or in connection with any work, authority, or jurisdiction delegated to TAM under this AGREEMENT. In the event of concurrent negligence of RECIPIENT and TAM, the liability for any and all claims for injuries or damages to persons and/or property shall be apportioned under the California theory of comparative negligence as presently established or as may hereafter be modified. SECTION 26. OBLIGATIONS TAM agrees that any eligible cost incurred by RECIPIENT prior to the termination of this AGREEMENT shall be reimbursed to the extent that such costs could not be avoided by RECIPIENT upon receipt of notice of termination. SECTION 27. INTEGRATION This AGREEMENT represents the entire AGREEMENT of the parties with respect to the subject matter thereof. No representations, warranties, inducements, or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. SECTION 28. AMENDMENT Except as otherwise provided herein, this AGREEMENT may not be changed, modified, or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this AGREEMENT shall be void and of no effect. SECTION 29. INDEPENDENT AGENCY RECIPIENT performs the terms and conditions of this AGREEMENT as an entity independent of TAM. None of RECIPIENT'S agents or employees shall be agents or employees of TAM. SECTION 30. ASSIGNMENT The AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party. SECTION 31. BINDING ON SUCCESSORS, ASSIGNEES OR TRANSFEREES This AGREEMENT shall be binding upon the successor(s), assignee(s) or transferee(s) of TAM or RECIPIENT as may be the case. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this AGREEMENT other than as provided above. T:\14. PROJECTS AND PROGRAMS\14.001 Measure AA\Funding Agreements\Category 2\Category 2.4\Quick Build Program 2020\Tiburon\TAM Funding Agreement A-FY21-24 revised 08042020.doc Page 7 of 8 SECTION 32. EXPENSES Each party shall be solely responsible for and shall bear all of its own respective legal expenses in connection with any dispute arising out of this AGREEMENT and the transactions hereby contemplated. RECIPIENT may not use grant FUNDS, or other TAM programmed funds, for the aforementioned purpose. SECTION 33. SEVERABILITY Should any part of this AGREEMENT be declared unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decisions shall not affect the validity of the remainder of this AGREEMENT, which shall continue in full force and effect; provided that the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. SECTION 34. EXHIBIT The following Exhibits are hereby made part of this AGREEMENT: 1. EXHIBIT A: Quick Build Project Information Sheet 2. EXHIBIT B: TAM Resolution 2020-09 3. EXHIBIT C: Project Closeout Report 35. ACCEPTANCE OF GRANT RECIPIENT does hereby declare that all written statements, representations, covenants, and materials submitted as a condition of this AGREEMENT are true and correct and does hereby accept TAM’s grant and agrees to all of the terms and conditions of this AGREEMENT. The parties have executed this AGREEMENT as of the date first written above. Town of Tiburon: Transportation Authority of Marin (TAM): By: _______________________________ _______________________________ Print Name _______________________________ Print Title By: _______________________________ Anne Richman, Executive Director T:\14. PROJECTS AND PROGRAMS\14.001 Measure AA\Funding Agreements\Category 2\Category 2.4\Quick Build Program 2020\Tiburon\TAM Funding Agreement A-FY21-24 revised 08042020.doc Page 8 of 8 Approved as to form (optional): By: _______________________________ Town of Tiburon, Attorney _______________________________ Print Name Exhibit A Page 1 of 2 Quick Build Project Information Sheet 1. Application Information Responsible Agency: Town of Tiburon Address: 1505 Tiburon Boulevard, Tiburon California Contact Person: Steven Palmer, Director of Public Works Phone: (415) 435-7388 E-Mail: spalmer@townoftiburon.org 2. Project Information Project Title: Main Street “Outdoor Dining / Market” Project Description: The goal of this Project is to close Main Street to vehicle traffic and open the roadway for dining space to be used by the local restaurants. The closure would be for weekends and will continue throughout the summer. Project will include the following elements:  Special signage to direct vehicle traffic to the Main Street Parking Lot on Tiburon Boulevard, Beach Road, and lower Main Street.  Special signage to direct pedestrian traffic on Main Street to Ark Row/Upper Main Street.  Safety and traffic control devices, and special signage to close Main Street to vehicle traffic. Road Closure Road Closure “Outdoor Dining / Market” Patricia F Mouille ft Accounting T rtel Goldsmith Creature Comforts 9 Q :uth Livingston Studio Demo Sport f 9 1690 Tiburon Boulevard Laundromat 9 Tiburon Playhouse Temporarily closed Salt & Pepper m Takeout T ft Tiburon Nails T Temporarily closed Exhibit A Page 2 of 2 Design & Implementation  Movable traffic barriers similar to Water Wall Barrier from Uline will be used to close areas to traffic.  Chamber will provide large event signage to be posted at the closure location and around Town.  Sidewalks will be kept clear for ADA accessible pedestrian access at all times.  Appropriate road closure signage will be provided by the Town.  Town provided signage and barriers will be stored at a nearby leased location during times when Main Street is open to vehicular traffic.  Town is coordinating with the Chamber and businesses to ensure deliveries occur only when Main Street is open to vehicular traffic.  Restaurant drive-up pick-up service will be provided on Paradise Drive, adjacent to Main Street. 3. Cost Estimate Item Unit Quantity Unit Price Item Cost Material & Installation Costs LS 1 $22,580 $22,580 Operating Costs Month 3 $3,700 $11,100 Total $33,680 4. Measure AA Allocated $20,000 5. Other Programmed Funding Source (list specific names of other funding) Phase Fiscal Year Status of funds (pending or secured) Programmed Amount General Fund Secured $13,680 Total Funds Programmed $13,680 I I Exhibit B Page 1 of 3 TAM RESOLUTION NO. 2020-09 RESOLUTION OF THE TRANSPORTATION AUTHORITY OF MARIN (TAM) FOR THE ALLOCATION OF $208,776 IN TRANSPORTATION SALES TAX (MEASURE AA) FUNDS TO CORTE MADERA, FAIRFAX, LARKSPUR, MILL VALLEY, NOVATO, ROSS, SAN ANSELMO, SAN RAFAEL, SAUSALITO, TIBURON, AND MARIN COUNTY WHEREAS, The voters of Marin County approved the authorizations of Measure AA at the General Elections held on November 6, 2018, thereby authorizing that TAM be given the responsibility to administer the proceeds from a one-half cent transaction and use tax; and WHEREAS, Measure AA proceeds will be used to pay for the programs and projects outlined in the Measure AA Expenditure Plan; and WHEREAS, TAM has developed the Measure AA Strategic Plan to provide guidance on implementing the Measure AA Expenditure Plan; and WHEREAS, The Measure AA Strategic Plan programs Measure AA funds to the four categories listed in the Measure AA Expenditure Plan, including Category 2.4, to support operational improvements to local streets and roads through innovative technology; and WHEREAS, TAM issued a Quick Build Program Call for Projects with funds from Category 2.4 on June 18, 2020 to fund quick build redesign efforts on public streets to support businesses, services, and institutions in Marin County in response to the COVID-19 pandemic; and WHEREAS, TAM received 11 applications requesting $208,776 in Measure AA funds: and WHEREAS, The applications were reviewed by an Evaluation Committee in accordance to the criteria from the Quick Build Program; and WHEREAS, The Evaluation Committee deemed all applications have met the requirements of the Quick Build Program and recommended funding all applications at the requested amounts; and WHEREAS, The project sponsors are requesting funds that have been accumulated from FY 19/20 and FY 20/21; and Exhibit B Page 2 of 3 WHEREAS, These allocations are consistent with the Measure AA Strategic Plan; and WHEREAS, There are sufficient funds in the Measure AA Category 2.4 line-item of the TAM’s approved FY 20/21 Budget to cover the proposed action; now, therefore, be it RESOLVED, That the Transportation Authority of Marin hereby allocates a total of $208,776 in Measure AA funds for the sponsors shown in the following table; and be it further Sponsor Measure AA Funds Allocated Corte Madera $20,000 Fairfax $16,000 Larkspur $20,000 Mill Valley $17,796 Novato $20,000 Ross $15,000 San Anselmo $20,000 San Rafael $19,980 Sausalito $20,000 Tiburon $20,000 Marin County $20,000 Total $208,776 RESOLVED, That the Transportation Authority of Marin finds the allocations of these funds to be in conformance with the priorities and funding levels established in Measure AA Expenditure Plan and Measure AA Strategic Plan Update; and be it further RESOLVED, That the Transportation Authority of Marin hereby authorizes the actual expenditure (cash reimbursement) of funds for these activities engaged by sponsors for the Quick Build Program; and be it further RESOLVED, That as a condition of this authorization for expenditure, the Executive Director shall impose such terms and conditions as are necessary for the project sponsors to comply with applicable law and adopted Authority policies and execute Funding Agreements with the respective project sponsors to that effect; and be it further RESOLVED, That as a condition of this authorization for expenditure, the referenced project sponsors shall provide the Authority with any other information it may request regarding the use of the funds hereby authorized. Exhibit B Page 3 of 3 PASSED AND ADOPTED at a regular meeting of the Transportation Authority of Marin held on the 23rd day of July 2020, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: __________________________ Judy Arnold, Chair Transportation Authority of Marin ATTEST: ___________________________ Anne Richman Executive Director Exhibit C T:\14. PROJECTS AND PROGRAMS\14.001 Measure AA\Funding Agreements\Category 2\Category 2.4\Quick Build Program 2020\Exhibit C Project Closeout Report.doc Page 1 of 1 Project Closeout Report (Due with final reimbursement request) Final amount spent on this project, including non-Measure AA funds: Describe any significant scope changes from the project application, if any: Date that the project was opened for public use: Was there any ground-breaking and/or ribbon-cutting ceremony? If so, list dates: Provide copies of any press releases issued: Provide digital photographs of completed project: Measure AA signage, if applicable - Number of signs posted: TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Confirm Mayor Fredericks’ Appointment as League of California Cities Annual Business Meeting Voting Delegate Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider appointing Mayor Fredericks as a voting delegate to the League of California Cities Annual Business Meeting. RECOMMENDED ACTION(S) 1. Confirm Mayor Fredericks’ representation of the Town as its voting delegate at the Annual Business Meeting of the League of California Cities; or 2. Pull the item from the Consent Calendar to consider appointing alternate delegates. BACKGROUND The League of California Cities Annual Conference is scheduled for October 7-9, 2020 and will be held virtually this year. In order to vote on matters at the Annual Business Meeting, the Town Council must appoint a voting delegate. The Town’s delegate, along with the representatives from other cities, will take action on resolutions that establish League policy. According to the League’s bylaws, a city may appoint a voting delegate and up to two alternates. Mayor Fredericks has served as voting delegate in previous years and plans to attend the (virtual) conference this year. Mayor Fredericks’ appointment can be adopted on the consent calendar, if the Council wishes to do so. If there is an interest in appointing up to two alternate delegates, the item should be pulled from the consent calendar for further discussion and action. Whoever is chosen as the Town’s voting delegate(s), must be able to attend the Annual Business Meeting (at the closing General Assembly), scheduled for Friday, October 9. ANALYSIS No further analysis provided. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 19, 2020 Agenda Item: CC-5 Town Council Meeting August 19, 2020 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 that the Town Council: 1. Confirm Mayor Fredericks’ representation of the Town (by adopting this report on the Consent Calendar) as its voting delegate at the Annual Business Meeting of the League of California cities; or 2. If the Council desires to appoint alternate delegates, the item should be pulled from the Consent Calendar and the appointments considered an action item. Exhibit(s): 1. League of California Cities 2020 Annual Conference Voting Procedures and Appointment of Delegate Form Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 LEAGUE OF CALI FORNI A CITIES Council Action Advised by August 31, 2020 June 30, 2020 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES RECEIVE JUL. o 1 2020 TOWN MANAGERS OFFICE 10WN OF TIBURON League of California Cities Annual Conference & Expo -October 7 -9, 2020 The League's 2020 Annual Conference & Expo is scheduled for October 7 -9. An important part of the Annual Conference is the Annual Business Meeting ( during General Assembly) on Friday, October 9. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Wednesday, September 30. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures are intended to ensure the integrity of the voting process at the Annual Business Meeting. The e procedures assume that the conference will be held in- person at the Long Beach Convention enter as planned. Should OVID-1 9 conditions and restrictions prohibit the League from holding an in-person conference, new procedures will be provided. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished bv individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by the end of July at "\VWw.cacities.or!!. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, October 7, 8:00 a.m. -6:00 p.m.; Thursday, October 8, 7:00 a.m. -4:00 p.m.; and Friday, October 9, 7:30 a.m.-11 :30 a.m .. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League's office by Wednesday, September 30. If you have questions, please call Darla Yacub at (916) 658-8254. Attachments: • Annual Conference Voting Procedures • Voting Delegate/Alternate Form LEAGUE I CALI FORNIA -=---CITIES II CITY ______ _ 2020 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Wednesday, September 30, 2020. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: ______________ _ Title: ---------------- 2. VOTING DELEGATE -ALTERNATE 3. VOTING DELEGATE -ALTERNATE Name: Name: ------------------------------ Title: Title: -------------------------------- PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: ________________ _ Email --------------- Mayor or City Clerk ____________ _ Date Phone -------------- (circle one) (signature) Please complete and return by Wednesday, September 30, 2020 League of California Cities ATTN: Darla Yacub 1400 K Street, 4th Floor Sacramento, CA 95814 FAX: (916) 658-8240 E-mail: dyacub@cacities.org (916) 658-8254 II LEAGUE Of CALIFORNIA CITIES Annual Conference Voting Procedures 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates ( or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. fu case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Recommendation to: Approve the Tiburon Tourism Business Improvement District (TTBID) Advisory Board Annual Report, Adopt Resolution of Intention to Levy Assessments for Fiscal Year 2020-2021 and set a Public Hearing date Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council will be considering approval of the Annual Report from the Advisory Board of the Tiburon Tourism Business Improvement District (TTBID) and considering adoption of a Resolution of Intention to levy the assessment for Fiscal Year 2020-2021. Finally, Council will set the date for the required Public Hearing on the matter for September 2, 2020. RECOMMENDED ACTION(S) 1. Consider approval the TTBID Advisory Board Report. 2. Adopt the Resolution of Intention 3. Direct staff to set the required Public hearing on the matter for September 2, 2020. BACKGROUND The Town created the Tiburon Tourism Business Improvement District (“TTBID”) in 2007 to fund a marketing program to promote tourism. The TTBID raises funds by imposing assessments on the lodging establishments in the Town, who receive a special benefit from the tourism industry. The state law governing the TTBID is the Parking and Business Improvement Area Law of 1989, Section 36500 et seq. of the California Streets and Highways Code (the “Act”). The TTBID Advisory Board (“Advisory Board”) is the governing body of the TTBID. The Act requires the Advisory Board to prepare an annual report (AB Report) for the Town Council containing the following information: 1. The improvements and activities to be provided for the upcoming fiscal year, i.e., the business improvement program. 2. An estimate of the cost of the business improvement program for that fiscal year. 3. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 19, 2020 Agenda Item: CC-6 Town Council Meeting August 19, 2020 TOWN OF TIBURON PAGE 2 OF 3 4. The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. 5. The amount of any contributions to be made from sources other than assessments levied pursuant to this part. The AB Report sets the TTBID’s program, which is subject to Council approval. The Advisory Board met on August 12, 2020 and approved the AB Report attached to this staff report as Exhibit 1. If the Council approves the report, either as submitted or with changes, the program will be implemented during the next fiscal year. To fund the program, the Council must levy the TTBID assessments by (a) adopting the Resolution of Intention attached to this report as Exhibit 2; (b) holding a public hearing to hear any protests from the assessed businesses; and (c) if there is no majority protest, adopting a resolution confirming the report and levying the assessments. ANALYSIS Advisory Board Report The AB Report recommends the Town use the TTBID assessments to continue and expand upon the activities conducted during the past fiscal year. The Town would use the TTBID assessments to fund a marketing program, in consultation with the TTBID beneficiaries – the Town’s lodging establishments – and other interested parties. In Fiscal Year 2020-21, the TTBID program will continue to be implemented by Destination Tiburon, a non-profit public benefit corporation established in 2014. As explained in the report, staff anticipates that the TTBID will begin Fiscal Year 2020-21 with a surplus of $257,461 from the prior fiscal year and raise approximately $63,435 in assessment revenue during the fiscal year. In addition to assessment revenue, the TTBID anticipates receiving $27,500 from the Town of Tiburon, which is a portion of the Transient Occupancy Tax collected by the Town. Staff anticipates the TTBID will expend approximately $180,000 in Fiscal Year 2019-20, with any surplus funds carried over to the next fiscal year (2020-21). Resolution of Intention and Related Actions The Act requires that the Council annually levy the TTBID assessments. The first step in this process is for the Council to adopt a Resolution of Intention, which does the following: • Declares the Council’s intention levy the assessments during Fiscal Year 2020-21. • Describes the proposed activities and improvements authorized by the Town’s ordinance, Chapter 7A of the Municipal Code, and any substantial changes to those activities and improvements. • Fixes the time and place for a public hearing on the proposed assessments and states that written and oral protests may be made. The attached DRAFT Resolution of Intention (Exhibit 2) includes all of the statutorily required actions. If the Council decides to proceed with the TTBID process and adopts the Resolution, staff will mail and publish notice of the September 2, 2020 public hearing as required by State law. After Town Council Meeting August 19, 2020 TOWN OF TIBURON PAGE 3 OF 3 holding the public hearing and considering public testimony, the Council would determine whether there was a majority protest. Assuming there was not, the Council could adopt a resolution confirming the report and levying the assessments. FINANCIAL IMPACT Staff does not expect any additional financial impact as a result of adopting the recommended actions. The Town will continue funding the TTBID program from the TTBID assessments and a portion of the TOT tax collected. 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: 1. Consider approval the TTBID Advisory Board Report. 2. Adopt the Resolution of Intention 3. Direct staff to set the required Public hearing on the matter for September 2, 2020. Exhibit(s): 1. Annual Report of the TTBID Advisory Board 2. DRAFT Resolution of Intention Prepared By: Greg Chanis, Town Manager EXHIBIT 1 TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD REPORT To: Mayor and Members of the Town Council From: TTBID Advisory Board Subject: Date: Report of the TTBID Advisory Board re TTBID Funding and Program; Recommendation to Approve Report July 8, 2020 I.BACKGROUND The Tiburon Town Council (the Council) formed the Tiburon Tourism Business Improvement District (“TTBID”) in 2007. The impetus behind that action was the request from Town’s two hotels, the Lodge at Tiburon and the Water’s Edge, to join the Marin County tourism promotion effort, which is administered by the Marin County Visitors Bureau (“MCVB”). The TTBID originally imposed assessments of 1% of gross hotel revenue. In 2011, the Town raised the amount of the assessment from 1% to 2% of gross hotel revenue, also at the hotels’ request. Initially, the Town contracted with MCVB to administer the Town’s TTBID program. In 2013, the Town re-directed the funds to a locally based business improvement effort that would focus on the specific attractions of the Tiburon peninsula. In 2014, Destination Tiburon, a nonprofit public benefit corporation was formed to implement the TTBID program. The Town must also comply with the procedural laws governing business assessment districts. Those procedural laws require an annual assessment process that begins with the TTBID Advisory Board’s (the Board) preparing this report for the Council approval. II.TTBID Program A.Procedural Requirements. The Town created the TTBID in 2007 pursuant to the Parking and Business Improvement Area Law of 1989, Section 36500 et seq. of the California Streets and Highways Code (the “Act”). The Act requires the Board to prepare an annual report containing the following information: 1.The improvements and activities to be provided for the upcoming fiscal year, i.e., the business improvement program. 2.An estimate of the cost of the business improvement program for that fiscal year. 3.The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. TOWN OF TIBURON PAGE 1 OF 3 EXHIBIT ] 4.The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. 5.The amount of any contributions to be made from sources other than assessments levied pursuant to this part. The Council must review this report and approve it either as submitted by the Board or with changes. Approving the report is the first step in the process of imposing assessments for the new fiscal year. B.Tourism Business Improvement Program. 1.Improvements and Activities The TTBID consists of a broad-based destination marketing campaign to raise Tiburon’s profile as a premiere location for vacations, conferences, meetings and other events. This campaign is directed both at leisure tourists and at travel, event and conference professionals. FY2019/2020 can be typified by an intense period of strategic development and marketing planning combined with incredibly productive phases executing the plan. Specific activities in the fiscal year beginning in 7/1/2019 and ending 6/30/2020 consist of: •Develop a multi-channel communications plan designed to reach Meeting Planners at all relevant touch points. •Photography, Video, Trade Show presence, collateral, print advertising, eBlasts, Facebook and Instagram strategy and content •Bring together a Tiburon Experience Network, a group of local service and experience providers who can provide services to meeting participants. •Create Familiarization Trips for Meeting Planners and Influencers to deliver the unique Tiburon experience. •Deliver Destination Tiburon message directly to high potential targets at Trade Shows and networking events. •Update Leisure Traveler website (DestinationTiburon.org) with new content designed to motivate the target with unique Tiburon experiences, and to include crowd-sourced content. •Continue distributing collateral materials in the Consumer channel: Tiburon Guides are distributed to guests at Tiburon hotels. These are designed to drive traffic to local businesses and attractions. Digital advertising distributed at the Ferry Building in San Francisco and California Welcome Centers throughout the Bay Area. •Develop partnerships with industry associations and marketing partners to maximize existing members and customers. •In conjunction with the Tiburon Peninsula Chamber of Commerce the build out of a new Welcome Center in downtown Tiburon 2.Estimated cost of the TTBID Program for Fiscal Year 2020-21. The Board expects program expenditures during Fiscal Year 2020-21 will be approximately $180,000. Any sums remaining would be carried over to the program for Fiscal Year 2021-22. TOWN OF TIBURON Page 2 of 3 EXHIBIT ] 3.Method and basis of assessment The basis for the assessment will not change. When the Town created the TTBID, the MCVB recommended that the Town calculate the assessment level as a percentage of gross receipts, indicating that the benefit to the assessed businesses would be commensurate with those receipts. Both of the Town’s lodging establishments supported that level of assessment. The Town deferred to the joint expertise of the MCVB and the hotels. The hotels continue to support the 2% of gross receipts assessment and the Advisory Board accepts their judgment. 4.Surplus or deficit revenues carried over from prior fiscal year. The Board expects the TTBID will enter Fiscal Year 2020-21 with a surplus of $257,461 carried over from the prior fiscal year, and received revenues totaling $93,435 during the fiscal year. This estimated revenue figure is the combined total of an anticipated $63,435 in assessments related to the TTBID and an additional $30,000 from the Town of Tiburon. Based on these revenue projections and the estimated expenses noted in Section 2, the TTBID expects to carry over a surplus of approximately $170,000 to Fiscal Year 2021-22. The Board anticipates FY2020-21 will be a productive year, with the new welcome center and Tiburon positioning given the current social climate. At the close of FY2020/21, marketing will continue and the focus of the organization will be getting back to hosting groups, meeting planning events and hotel stays. 5.The Amount of Contributions from non-TTBID Sources. The Town contributed approximately $30,000 during the present fiscal year and, as noted in Section 4 above, expects to contribute a like amount in Fiscal Year 2020-21. At this juncture, the Board does not anticipate any other contributions from outside sources. However, the Board recommends exploring participation from local merchants that could benefit from tourism promotion activities. FINANCIAL IMPACT Staff anticipates no additional financial impact to the Town, other than the contribution noted in Section 5 above. The Town will continue to collect the 1 % administrative allowance as provided by law. All remaining funds would be expended on the TTBID program without further contributions from the Town. RECOMMENDATION The TTBID Advisory Board recommends that the Tiburon Town Council: 1.Hear public testimony and make any desired changes to the Advisory Board Report; and 2.Move to approve a Resolution Approving the Report and take such other actions as are necessary to set the assessments for Fiscal Year 2020-21 for a public hearing. TOWN OF TIBURON Page 3 of 3 EXHIBIT EXHIBIT 2 Page 1 of 3 RESOLUTION NO. XX-2020 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE TTBID ADVISORY BOARD REPORT AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS ON LODGING ESTABLISHMENTS WITHIN THE TIBURON TOURISM BUSINESS IMPROVEMENT DISTRICT WHEREAS, the Parking and Business Improvement Area Law of 1989, Section 36500 et seq., authorizes cities to establish parking and business improvement areas for the purpose of promoting tourism; and WHEREAS, in 2007, the Town formed the Tiburon Tourism Business Improvement District (“TTBID”), to levy a one percent (1 %) assessment on lodging establishments within the Town’s borders; and WHEREAS, in 2010, at the request of the Town’s two lodging establishments, the Lodge at Tiburon and the Water’s Edge Hotel (“collectively, “Town Hotels”), the Town increased the TTBID assessment to two percent (2%) and WHEREAS, the TTBID Advisory Board (“Advisory Board”) approved its annual report on August 12, 2020, which report sets forth the legally required program and budget information (“Annual Report”). NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby resolves, determines, and finds as follows: Section 1. The recitals set forth herein are true and correct. Section 2. The Town Council hereby approves the Advisory Board Report and declares its intention to continue levying and collecting assessments within the Tiburon Tourism Business Improvement District (“TTBID”), whose boundaries are the Town’s borders, during the 2020-2021 fiscal year; Section 3. The Town will use the TTBID funds to finance and administer marketing programs to promote mid-week and off-season overnight lodging business, to promote the Town as an overnight tourism destination, and to fund projects, programs, and activities that benefit lodging establishments within the TTBID, including management and visitor services, all as set forth in this Resolution and the Advisory Board Report on file with the Town Clerk Section 4. The assessment is proposed to be levied on all lodging establishments, existing and future, at a rate of 2% of gross room rental revenue. The assessment is proposed to be this percentage for the following reasons: a. An assessment based on percentage is most fair to lodging establishments because it will cost smaller, lower service level and perhaps more inexpensive Page 2 of 3 lodging businesses less money than it will cost larger, perhaps higher service level and higher room rate lodging businesses. b. Benefits received by the assessed lodging businesses are likely to be proportional to their assessment, depending upon programs implemented. c. An assessment based on percentage will result in revenues that rise and fall in reflection of greater and lesser business in an overall up or down tourism market and world economy. d. An assessment based on percentage is direct, and easy to understand and calculate. Section 5. New hotels within the boundaries will not be exempt from the levy of assessment pursuant to Section 36531. Section 6. Except where funds are otherwise available, the lodging business assessment will be levied annually to pay for all improvements and activities within the TTBID, specifically lodging-related and visitor services. These include, but are not limited to, web-site construction and maintenance, highlighting the assessed hotels, providing visitor information to promote mid-week and off-season overnight lodging; Management/Alliances/Board of Directors; Research; Sales in Target Markets, and Administration & Personnel. Section 7. The time and place for the public hearing on the proposed levy of assessments is set for 5:00 p.m. on September 2, 2020, at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon CA 94920. Section 8. At the public hearing, the oral and written testimony of all interested persons for or against the levy of the TTBID or the extent of the TTBID area, the types of businesses to be assessed, or the furnishing of specified types of improvements or activities will be heard. Section 9. Any interested party may make a written or oral protest against the TTBID or any aspect of thereof. However, in determining whether there is a majority protest against the TTBID, the Council will only count written protests from persons or entities that would be subject to the proposed assessment. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the lodging business in which the person signing the protest in interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the County of Marin or Town of Tiburon as the owner of the lodging business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. Written protests should be mailed to the Town Clerk, 1505 Tiburon Boulevard, Tiburon CA 94920. Section 10. If, at the conclusion of the public hearing on September 2, 2020, there are Page 3 of 3 of record written protests by the owners of the lodging businesses within the TTBID that will pay fifty percent (50%) or more of the total assessments of the entire TTBID, no further proceedings to levy the TTBID assessments shall occur. New proceedings to levy the TTBID assessments shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the Tiburon Town Council. If the majority written protest is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the TTBID. If there are no written protests by owners of the lodging businesses within the TTBID that will pay fifty percent (50%) or more of the total proposed assessments, the Council will consider a resolution confirming the Advisory Board Report and levying the assessments. Section 11. Further information regarding the proposed Tiburon Tourism Business Improvement District (TTBID) may be obtained from Greg Chanis, Town Manager, 1505 Tiburon Boulevard, Tiburon CA 94920, telephone (415) 435-7373. Section 12. The Tiburon Town Council supports the establishment of the TTBID within the legal process set forth above. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on August 19, 2020, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ______________________________ ALICE FREDERICKS, 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: Office of the Town Manager Subject: Consider approval of Town’s Response to Marin County Civil Grand Jury Report Titled: Follow-Up Report on Web Transparency of Agency Compensation Practices Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY For this item, Council will consider approval of the Town’s response to the 2019-2020 Marin County Civil Grand Jury Report titled: Follow-Up Report on Web Transparency of Agency Compensation Practices. RECOMMENDED ACTION(S) 1. Review and approve the proposed response and authorize the Town Manager to sign and forward the response to the Marin County Civil Grand Jury. BACKGROUND On April 28, 2020, the Marin County Civil Grand Jury released a report entitled: Follow-Up Report on Web Transparency of Agency Compensation Practices (Exhibit 1). The report includes numerous findings and recommendations the Town must respond to, with the responses conforming to the format required by Penal Code section 933.05. The Town’s proposed response to the report is attached as Exhibit 2. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by adoption of this item. ENVIRONMENTAL REVIEW TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 19, 2020 Agenda Item: CC - 7 Town Council Meeting August 19, 2020 TOWN OF TIBURON PAGE 2 OF 2 Staff has preliminarily determined that adoption of this ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the Town Council: 1. Review and approve the proposed response and authorize the Town Manager to sign and forward the letter to the Civil Grand Jury. Exhibit(s): 1. 2019-2020 Marin County Civil Grand Jury Report: Follow-Up Report on Web Transparency of Agency Compensation Practices 2. Draft response to 2019-2020 Marin County Civil Grand Jury report titled: Follow-Up Report on Web Transparency of Agency Compensation Practices Prepared By: Greg Chanis, Town Manager EXHIBIT 1 2019–2020 MARIN COUNTY CIVIL GRAND JURY Follow-Up Report on Web Transparency of Agency Compensation Practices April 28, 2020 • 4 41 ~ ~ ~ § § § ~ ~ ··············· ~~ ·•··· •···· ~ .. . . . . ... , --.;: ... , .... ·· ..... ·· ..... ··• .... ·· ..... ·· .... , ... . ~ -~:C-0._..U_N~TY_....O._..F_M __ A,_R_I N~;• .• -••••• -7-----·· ... A Note about the Coronavirus Pandemic The 2019–2020 Marin County Civil Grand Jury is issuing its reports during the unprecedented conditions of the COVID-19 pandemic. We are well aware that Marin County is in crisis and that critical public health concerns, operational difficulties, and financial challenges throughout the county have a greater claim to government attention right now than the important issues raised by this Grand Jury. We are confident that, in due course, Marin will come through this crisis as strong as ever. Marin County Civil Grand Jury Follow-Up Report on Web Transparency of Agency Compensation Practices Summary Many Marin public agencies fail to make the compensation for their elected officials and employees fully transparent on their public websites, despite state legal requirements and past Grand Jury recommendations that they do so. The 2019–2020 Grand Jury examined the current status of 34 Marin public agency websites to determine if they are meeting transparency standards with respect to compensation disclosures. California law requires most public agencies to report the annual compensation of their “elected officials, officers, and employees” to the state controller’s office, which posts this information on its Government Compensation in California website at publicpay.ca.gov (Public Pay).1 Each local agency with a website also is legally required to post “in a conspicuous location . . . information on the annual compensation of its elected officials, officers and employees.”2 All of Marin’s cities, towns, and major agencies have websites, so each of them is required to post annual compensation data, and the public should be able to easily find this information. Over and above these basic legal requirements, the public has an interest in understanding compensation policies with regard to elected officials, including information about wages, health and retirement benefits, and reimbursement policies. There is a wide variance in compensation policies and the total amounts and benefits paid to elected officials. The public should be able to access this information easily and quickly rather than having to dig through meeting minutes or policy manuals that may or may not be easy to find on a website. The 34 agency websites audited included those of the County of Marin, Marin’s 11 cities and towns, 10 sanitary districts, 9 fire districts, and 3 water districts. The Grand Jury wanted to know if the legal disclosure requirements were met and if detailed information about compensation and benefits for elected officials was readily available. This investigation revealed that a great majority of audited agency websites failed to comply fully with legal compensation disclosure requirements. Compensation information was often difficult to find and outdated. Information on actual compensation paid to elected officials was also missing, difficult to find, or insufficient. In many cases, it was difficult to find information about compensation policies for elected officials. In contrast, the Marin Municipal Water 1 California Government Code § 53892, accessed March 30, 2020, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=53892. 2 California Government Code § 53908, accessed March 30, 2020, http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=53908. V Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 2 of 18 District3 (MMWD) and the North Marin Water District4 each annually post a detailed report on the compensation of their elected officials. This Grand Jury report makes specific recommendations for every agency to follow to ensure compliance with legal requirements and to go beyond compliance to achieve higher standards of public transparency. Background The transparency of public agencies and their compensation policies has been an ongoing topic of state and local concern. In recent years, the state legislature amended the California Government Code to require the posting of annual compensation data on agency websites.5 Local agencies are now required to report their compensation data to the state controller’s office, which posts the data on the Public Pay site.6 Since 2014, the Marin County Civil Grand Jury has published four reports on web transparency: ■ A 2013–2014 Grand Jury report, What Are Special Districts and Why Do They Matter?, recommended that the county post a complete list of all of Marin’s special districts on its website to enable residents to understand the extent of local government.7 The county did not fulfill this recommended action. ■ In March 2016, the 2015–2016 Grand Jury followed up with its Web Transparency Report Card, reiterating, among other things, that the master list of special districts should be completed.8 It also recommended that all agencies should update their websites “to include the annual compensation of . . . elected officials, officers and employees.”9 These recommended actions were not completed. ■ The 2016–2017 Grand Jury issued its Web Transparency Report Card Update, which noted a marked improvement in the quality of agency websites. This report card also noted additional room for improvement for many agencies.10 3 Marin Municipal Water District, Annual Report on Board Compensation, August 7, 2018, http://marinwater.org/DocumentCenter/View/3602/Board-Compensation-Annual-Report?bidId=. 4 North Marin Water District, 2018 Compensation Report, accessed March 30, 2020, https://www.nmwd.com/pdfs/NMWDCompensationReportCY2018.pdf. 5 California Government Code § 53908 6 Government Compensation in California, accessed March 30, 2020, https://publicpay.ca.gov. 7 Marin County Civil Grand Jury, What Are Special Districts and Why Do They Matter?, May 20, 2014, https://www.marincounty.org/-/media/files/departments/gj/reports-responses/2013/spd_master_list_report.pdf. 8 Marin County Civil Grand Jury, 2015–2016 Web Transparency Report Card: Bringing Marin County's Local Governments to Light, March 10, 2016, https://www.marincounty.org/-/media/files/departments/gj/reports- responses/2015/responses/webtransparencyrptcard/2015_16-web-transparency-report-card.pdf. 9 Marin County Civil Grand Jury, 2015–2016 Web Transparency Report Card: Bringing Marin County's Local Governments to Light, p. 10. 10 Marin County Civil Grand Jury, 2016–2017 Web Transparency Report Card Update, June 8, 2017, https://www.marincounty.org/-/media/files/departments/gj/reports-responses/2017/web-transparency-update.pdf. Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 3 of 18 ■ In a report entitled Special Districts Transparency Update, the 2018–2019 Grand Jury noted that the special districts list recommended by the 2013–2014 Grand Jury still had not been created.11 The report reiterated this recommendation and suggested that the special district list include “complete compensation components and amounts (including salary, insurance, stipends, in kind goods, conference fees and other benefits, and reimbursements).”12 The Grand Jury has focused on these issues for more than six years, without satisfactory resolution. Perhaps with this follow-up report, agencies will come to understand the vital importance of public transparency and will be more forthcoming with this information and finally improve their websites. Public transparency regarding compensation of elected officials is essential because the public needs accurate information about its government agencies. Transparency helps to maintain trust in the government and gives information to the public that helps guide decisions on matters of self-governance. It makes responsive democracy work. Approach The Grand Jury reviewed the work of prior juries as published in the four previous reports and audited the websites of 34 of Marin’s public agencies, including the County of Marin, Marin’s 11 cities and towns, 10 sanitary districts, 9 fire districts, and 3 water districts (this report uses the term “agency” to refer to these diverse jurisdictions). Jurors reviewed these websites to determine if they met the legal requirements by providing easy access to accurate, current compensation data for public employees. Jurors also checked the board or council pages of these websites to determine if they included detail about annual compensation for elected officials. The audit was conducted by having at least one juror review each agency’s website and compile a list of any deficiencies. This work was then reviewed by at least two other jurors. Those three jurors then reached a consensus for each agency. These agency website reviews were valid as of February 20, 2020. Discussion The Public Should Know the Compensation of Its Elected Officials The taxpaying public has a right to know the compensation of its elected officials. Compensation may include the following: ■ Monthly wages or a fixed stipend per meeting attended ■ Additional compensation for sitting on affiliated boards, subcommittees, or commissions, or for attending extra meetings on behalf of their agency 11 Marin County Civil Grand Jury, Special Districts Transparency Update, June 13, 2019, https://www.marincounty.org/-/media/files/departments/gj/reports-responses/2018-19/special-districts-transparency- update.pdf. 12 Marin County Civil Grand Jury, Special Districts Transparency Update, p. 5. Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 4 of 18 ■ Healthcare benefits ■ Retirement benefits ■ Reimbursement for travel, attending conferences, or industry events ■ Reimbursement for cell phones, computers, or tablets (or free use of such equipment) The public should be informed that there is a wide variance in compensation policies. Some agencies have adopted a policy not to compensate their elected officials. In addition, total compensation and benefits paid to elected officials for similar agencies varies. The high and low ranges for compensation at various types of agencies are summarized in Table 1. In some cases, elected officials waive their right to some or all compensation. County Supervisors Unlike elected officials in most cities, towns, and other agencies, Marin County supervisors are full- time employees and receive full- time salaries and benefits. Total 2018 annual compensation for members of the Marin County Board of Supervisors ranged from $173,000 to $186,000, plus benefits. City and Town Council Members For town and city councilmembers, total annual compensation for 2018 ranged from zero in Belvedere, Ross, and Tiburon to about $17,000 in San Rafael. Annual compensation was typically in the $3,000 to $5,000 range, and councilmembers in some municipalities, including San Rafael, elected to waive compensation. Fire District Board Members Total 2018 compensation for individual board members in Marin’s nine audited fire districts ranged from zero to $2,800. Board members in the Bolinas, Sleepy Hollow, Southern Marin, and Stinson Beach Fire Protection Districts do not receive compensation. In the Novato Fire Protection District, 2018 compensation for one board member was about $2,800. The Central Marin Fire Authority was formed in 2018 and, as of February 1, 2020, had not yet filed its first compensation data with the state controller, but the agency is included in this report so that it will fulfill the requirement that it post its compensation data. Sanitation District Board Members In Marin’s 10 sanitation districts, 2018 total annual board member compensation ranged from zero in the Tiburon and Central Marin Sanitation Districts to as high as $19,000 in the Las Gallinas Valley Sanitary District. Typically, annual board member compensation in Marin’s sanitation districts ranges from $1,000 to $4,000. Table 1. Ranges of Elected Officials Annual Compensation in 2018 Agency Type Low* High Cities/Towns $0 $17,000 Fire Districts 0 2,800 Sanitation Districts 0 19,000 Water Districts 1,600 39,000 * Low does not reflect those who waive compensation in agencies that pay their elected officials. Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 5 of 18 Water District Board Members The 2018 annual board member compensation in Marin’s three water districts ranged from $1,600 in the Stinson Beach Water District to $9,000 in the North Marin Water District to $39,000 in the Marin Municipal Water District. Legal Requirements Regarding Compensation Disclosures There are two sections in the California Government Code requiring compensation disclosures. Section 53892 requires that most public agencies (school districts are excluded) report annually to the state controller the total compensation of all “elected officials, officers and employees.”13 The state controller publishes this information for all agencies on the Public Pay website. Section 53908 requires that if an agency has a website “it shall post, in a conspicuous location on its Internet Web site, information on the annual compensation of its elected officials, officers, and employees that is submitted to the controller.” An agency could comply with this provision by posting a complete table on its website that includes all of the data actually filed with the state controller, and by updating that table each year. Section 53908 also allows an agency to comply with the transparency requirement by posting, “in a conspicuous location on its Internet Web site, a link to” the Public Pay site.14 The Grand Jury also notes that Section 53908 mentions twice that the Public Pay link must be “conspicuous,” a term that is not defined in the code. For purposes of its investigation, the Grand Jury decided that a link could be deemed conspicuous if it satisfies both of the following criteria: ■ The link is located on a page that is within three clicks of the website’s home page (where a hover causing a menu to be revealed is equivalent to a click). ■ The link can be found within five minutes of starting a search, whether by browsing menus or using a search box on the website. This is a commonsense approach that, if anything, is generous to agencies, since internet users are unlikely to invest as much as five minutes in such a search. The Grand Jury also determined that a Public Pay link that does not go directly to the agency’s page on the Public Pay site for the most recently available year should not be considered compliant with the intent of the transparency requirements set forth in the law. During its investigation, the Grand Jury discovered that some agencies were not reporting board member compensation to the state controller’s office because they had been advised by the state controller’s office that this was not required unless a W-2 form for the compensation was issued. Some elected officials are paid fees for which W-2 forms are not issued. State officials have now confirmed that the elected officials’ compensation must be reported regardless of how they are paid. 13 California Government Code § 53892. 14 California Government Code § 53908. Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 6 of 18 Public Transparency of Compensation for Elected Officials Beyond the basic legal requirements in California state law, public transparency goals would be better served by stronger disclosure of compensation policies and detailed compensation paid to elected officials. While total compensation paid to elected officials can be found by clicking an “Elected Officials” button on the agency’s page on the Public Pay site, as shown in Figure 1, most users would not necessarily see this link and might need to scroll through multiple pages of employees before finding the elected officials. To make locating the information easier, a link can be included directly from the agency’s website to the elected officials data on the Public Pay site. This can be done by simply adding &rpt=5 to the end of a regular Public Pay URL link. The data on the Public Pay site for elected officials is limited to total wages and total retirement and health contributions. The site does not break out elements such as per-meeting stipends, reimbursements or payments for serving as an agency liaison to other advisory committees, councils, and forums. For better transparency on their websites, local agencies should disclose all elements of compensation for their elected officials and establish this higher standard as best practice for all of Marin County. Both MMWD and the North Marin Water District have excellent practices with regard to transparency on compensation of their elected officials. The MMWD website’s board page provides a quick link to an annual compensation report detailing board compensation policies Figure 1. Public Pay Elected Officials Page Example Source: Government Compensation in California, accessed March 30, 2020, https://publicpay.ca.gov/Reports/Counties/County.aspx?entityid=21&year=2018&rpt=5 Marin County Year: [ 201s;) 0 Employers in this County Download all employee information for this county: LI CSV O 3,008 CountyEmE}loyees 262,879 Population $224,706,521 Total_Wages $73,362,396 Total_Retirement & Health_Contribution [ This county does not include payments toward the unfunded_liability of the employer sponsored retirement plan. _J For more information visit http://www.marincounty.org/depts/hr Last Updated: 7/10/2019 IMIH-· "G¾Mi-~ MM MM 1M Miifti+@&i -iiili+l:F·MFH-ii F1lterby-Mtn-Max- Show ~ entries Search: Position • County • Department : Total Wages • Total Retirement & Health Contnbution ~ District Attorney Sheriff-Coroner Assessor•Recorder-County Clerk Board Of Supervisors Marin County Marin County Marin County Marin County District Attorney Sheriff Assessor-Recorder Board Of Supervisors $256,503 $246,322 $206,001 $140,949 $70,442 $101,003 $55,321 $45,520 Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 7 of 18 and annual amounts paid to each member for regular board meetings, board committees, other special board meetings, and liaison assignments to advisory committees, councils, and forums. It also details total annual payments for conferences, training, and memberships, as well as medical and dental benefits and other benefits, including iPad data plans. North Marin Water District discloses several annual board compensation elements by a direct link to the financial report it files with the state controller’s office, but it is not as detailed as the MMWD report. Results of the Website Audit The Grand Jury audit found that many website compensation links were missing or broken. In other cases, links were not easy to find. Policies and compensation for elected officials were not always posted. Thirty of the 34 audited agency websites failed to comply fully with legal disclosure requirements. Missing or Inconspicuous Links Fifteen of 34 of the audited agency websites failed to post a compensation report or a “conspicuous” link to their data on the Public Pay site. These agencies are shown in Table 2. The worst example of this was the County of Marin’s website, where four jurors were each unable to locate a compensation link after searching for at least 15 minutes. In the investigation, the Grand Jury observed that several agencies post a link to the Transparent California website rather than to the Public Pay website.15 Transparent California is not included in Government Code Section 53908, so this does not comply with the legal requirements. The Grand Jury recommends that all the noncompliant agencies identified in Table 2 remedy these deficiencies by placing a Public Pay link on the web page listed in the table. Generally, the audit revealed that the best location for a Public Pay link is either the finance or human resources section of the agency’s website. Link Does Not Go Directly to the Agency’s Most Recent Data Many agencies include a Public Pay link on their website that is deficient because it connects the user to an outdated page or to the state’s Public Pay home page rather than directly to the local agency data on the Public Pay site. The Grand Jury believes this is largely due to a technical oversight. Appendix A contains the recommended Public Pay link for each audited agency, as well as links for 22 additional agencies that were not audited. A key feature of these links is that they include the ID number of the agency, but exclude any parameter specifying a year (an example of this parameter is &year=2016). By excluding the specific year parameter, the link will automatically lead a user to the most recent available data for that agency, and it will not become outdated over time. This will save the agency the work of updating the link on an annual basis while reducing the chance of errors in future postings. 15 Transparent California, accessed March 30, 2020, https://transparentcalifornia.com. Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 8 of 18 Agency Websites Should Have a Link Directly to Elected Officials Data Although it is simple to link directly to a page on the Public Pay website showing actual compensation paid to elected officials, none of the audited agencies currently do so. All Marin public agency websites should have a direct link from their board or council page to their “Elected Officials” page on the Public Pay site. All Marin agencies should adopt this higher standard of transparency. A link to the “Elected Officials” page on the Public Pay site can be added simply by adding a new parameter to the end of the normal Public Pay link as is shown for all agencies in Appendix A. For instance, the City of San Rafael could include such a link by adding &rpt=5 to Table 2. Agency Websites with Missing or Inconspicuous Links to Compensation Data Agency Recommended Conspicuous Location for Link City of Mill Valley http://www.cityofmillvalley.org/gov/departments/finance/default.htm City of Sausalito https://www.sausalito.gov/departments/administration/finance/financial -documents Town of Tiburon http://townoftiburon.org/154/Administration-Finance County of Marin https://www.marincounty.org/depts/df Bolinas Fire Protection District* https://www.bolinasfire.org/board-members Central Marin Fire Authority** https://centralmarinfire.org/admin/finance Kentfield Fire Protection District https://www.kentfieldfire.org/administration/finance-a-budget Sleepy Hollow Fire Protection District https://shfpd.org/about-us/finances Southern Marin Fire Protection District https://www.southernmarinfire.org/admin Stinson Beach Fire Protection District* https://www.stinsonbeachfireprotectiondistrict.org/financials-budgets Almonte Sanitary District https://www.almontesd.org/governance.php Central Marin Sanitation Agency https://www.cmsa.us/finance/ Las Gallinas Valley Sanitation District http://www.lgvsd.org/about-us/board-of-directors/ Ross Valley Sanitary District (Sanitary District No. 1) https://www.rvsd.org/31/Open-Government Stinson Beach Water District http://stinson-beach-cwd.dst.ca.us/index.html * Existing link goes to Transparent California rather than Public Pay ** Formed in 2018 and not required to report for that year Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 9 of 18 the end of its Public Pay link, resulting in the following: https://publicpay.ca.gov/Reports/Cities/City.aspx?entityid=256&rpt=5. Agencies Should Post Compensation Policies and Annual Compensation Details The Grand Jury audit revealed that compensation policies for many agencies either were not posted or were scattered in a wide variety of hard-to-find locations. Eighteen of the 34 agencies did not post such information on the board or council pages of their websites. As described previously, public transparency is promoted by posting detailed information about the compensation policies for elected officials. All agencies should post this information on their board or council web pages. As an example, MMWD posts detailed information about the annual compensation of its elected officials. All Marin agencies should adopt this higher standard of transparency. Conclusion To make informed decisions on matters of self-governance, the public needs to understand the workings of their public agencies, including the compensation of elected officials. Public transparency helps to maintain trust in the government. It makes responsive democracy work. By following the recommendations in this report, Marin’s public agency websites can come into compliance with state legal requirements. Following these recommendations will reduce the chance of errors and minimize the time needed to keep websites current. These changes also will improve public access to important information while increasing the transparency that is essential to good government in a democratic society. Findings F1. Many Marin public agencies fail to include on their websites either a link to the publicpay.ca.gov site showing compensation for their elected officials, officers, and employees, or a table showing such data. The Grand Jury determined that these agencies fail to comply with the requirements of Government Code Section 53908. F2. Any link to compensation data on an agency’s website that takes more than five minutes or three clicks from the home page to locate, does not reasonably satisfy the intent of the Government Code that the information be easily located and “conspicuous” on the agency’s website. F3. Any link to publicpay.ca.gov on an agency’s website that fails to go directly to the agency’s current compensation data on that website does not satisfy the intent of the Government Code that information be easily located. F4. Regarding compensation policies for elected officials, many public agencies do not provide the public with easy access to information regarding salary, meeting fees or stipends (including compensation for serving as liaison to other advisory committees, councils and forums), reimbursements, health and retirement benefits, and other benefits such as equipment. Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 10 of 18 F5. Regarding detailed disclosure of total compensation paid, most public agencies do not break out all components of compensation paid to their elected officials, including salary, meeting fees or stipends (including compensation for serving as liaison to other advisory committees, councils and forums), reimbursements, health and retirement benefits, and other benefits such as equipment. F6. By comparison to other public agencies, Marin Municipal Water District annually publishes an exemplary report on its website of total compensation paid to its elected officials for salary, meeting fees or stipends (including compensation for serving as liaison to other advisory committees), councils and forums, reimbursements, health and retirement benefits, and other benefits such as equipment. Recommendations R1. To comply with the intent of Government Code Section 53908, no later than 90 days after the date of this report, agencies should include on their websites a link to the publicpay.ca.gov site showing compensation of their elected officials, officers, and employees using the formatted URL examples that are shown in Appendix A. R2. No later than 90 days after the date of this report, agencies should modify the location of their existing publicpay.ca.gov links to satisfy the requirement of Government Code Section 53908 that their link be “conspicuous.” Conspicuous locations for agencies are suggested in Table 2. R3. No later than 90 days after the date of this report, agencies should modify their existing publicpay.ca.gov links so that they provide a direct link to their current compensation data on the state site. To eliminate the need for annual updates, the URL used for the link should exclude any parameter specifying a year. Formatted URL examples are shown on Appendix A. R4. No later than 90 days after the date of this report, in addition to any other compensation links, agencies should include a link on their board or council web pages that leads directly to their “Elected Officials” page on the publicpay.ca.gov site, conforming to the format suggested on Appendix A. R5. No later than 120 days after the date of this report, agencies should include on their board or council web pages a comprehensive description of their policies regarding all compensation paid to elected officials specifying, at a minimum, salary, meeting fees or stipends (including compensation for serving as liaison to other advisory committees, councils and forums), reimbursements, health and retirement benefits, and other benefits such as equipment. R6. No later than 120 days after the date of this report, agencies should adopt a practice to compile and publish each year an annual report detailing the compensation actually paid to their elected officials for the previous calendar year. Compensation disclosures should include, at a minimum, salary, meeting fees or stipends (including compensation for serving as liaison to other advisory committees, councils and forums), reimbursements, health and retirement benefits, and other benefits such as equipment. A link to this report should be posted on the agency’s board or council web page. Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 11 of 18 R7. No later than 90 days after the date of this report, agencies not audited in this report should review their websites for compliance with the legal requirements and higher public transparency standards recommended in Recommendations R1–R6 of this report and ensure that their websites include links to the publicpay.ca.gov site as shown in Appendix A. Request for Responses According to the California Penal Code, agencies required to respond to Grand Jury reports generally have no more than 90 days to issue a response. It is not within the Grand Jury’s power to waive or extend these deadlines, and to the Grand Jury’s knowledge, the Judicial Council of California has not done so. But we recognize that the deadlines may be burdensome given current conditions caused by the COVID-19 pandemic. Whether the deadlines are extended or not, it is our expectation that Marin's public agencies will eventually be able to return to normal operations and will respond to this report. In the meantime, however, public health and safety issues are of paramount importance and other matters might need to wait. Pursuant to Penal Code Section 933.05, the Grand Jury requests responses from the following governing bodies: Respondent F1 F2 F3 F4 F5 R1 R2 R3 R4 R5 R6 R7 Audited Agencies County of Marin X X X X X X X X X City of Belvedere X X X X X City of Larkspur X X X X X X X City of Mill Valley X X X X X X X X X City of Novato X X X X X City of San Rafael X X X X X City of Sausalito X X X X X Town of Corte Madera X X X X X X X Town of Fairfax X X X X X Town of Ross X X X X X Town of San Anselmo X X X X X Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 12 of 18 Respondent F1 F2 F3 F4 F5 R1 R2 R3 R4 R5 R6 R7 Town of Tiburon X X X X X X X Bolinas Fire Protection District X X X X X X X X Central Marin Fire Authority X X X Kentfield Fire Protection District X X X X X X X Novato Fire Protection District X X X X X X X Ross Valley Fire Department X X X X X Sleepy Hollow Fire Protection District X X X X X X X X X X X Southern Marin Fire Protection District X X X X X Stinson Beach Fire Protection District X X X X X X Tiburon Fire Protection District X X X X X X X Almonte Sanitary District X X X X X X X X X X X Alto Sanitary District X X X X X Central Marin Sanitation Agency X X X X X X X Homestead Valley Sanitary District X X X X X X X Las Gallinas Valley Sanitary District X X X X X X X Novato Sanitary District X X X X X X X Richardson Bay Sanitary District X X X X X X X Ross Valley Sanitary District (Sanitary District No. 1) X X X X X X X X X X X Sanitary District No. 5 – Tiburon- Belvedere X X X X X Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 13 of 18 Respondent F1 F2 F3 F4 F5 R1 R2 R3 R4 R5 R6 R7 Sausalito-Marin City Sanitary District X X X X X Marin Municipal Water District X X X North Marin Water District X X X Stinson Beach County Water District X X X X X X Agencies Not Audited Bel Marin Keys Community Services District X Belvedere-Tiburon Joint Recreation Committee District X Belvedere-Tiburon Library Agency X Bolinas Community Public Utility District X Central Marin Police Authority X Firehouse Community Park Agency X Inverness Public Utility District X Marin City Community Services District X Marin Clean Energy (MCE) X Marin County Resource Conservation District X Marin County Transit District X Marin General Services Authority (MGSA) X Marin Healthcare District X Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 14 of 18 Respondent F1 F2 F3 F4 F5 R1 R2 R3 R4 R5 R6 R7 Marin/Sonoma Mosquito and Vector Control District X Marinwood Community Services District X Muir Beach Community Services District X Sonoma-Marin Area Rail Transit District X Tamalpais Community Services District X Tomales Village Community Services District X Transportation Authority of Marin X The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code Section 933 (c) and subject to the notice, agenda, and open meeting requirements of the Brown Act. Note: At the time this report was prepared, information was available at the websites listed. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 15 of 18 Appendix A – Direct Public Pay Internet Links Properly Formatted PublicPay.ca.gov Link Note: Agencies listed here can create a link to their “Elected Officials” page by adding &rpt=5 at the end of their Public Pay URL below. Agency Agency Public Pay URL Audited Agencies City of Belvedere https://publicpay.ca.gov/Reports/cities/city.aspx?entityid=248 City of Larkspur https://publicpay.ca.gov/Reports/cities/City.aspx?entityid=251 City of Mill Valley https://publicpay.ca.gov/Reports/cities/city.aspx?entityid=252 City of Novato https://publicpay.ca.gov/Reports/Cities/City.aspx?entityid=253 City of San Rafael https://publicpay.ca.gov/Reports/Cities/City.aspx?entityid=256 City of Sausalito https://publicpay.ca.gov/Reports/Cities/City.aspx?entityid=257 Town of Corte Madera https://publicpay.ca.gov/Reports/Cities/City.aspx?entityid=249 Town of Fairfax https://publicpay.ca.gov/Reports/Cities/City.aspx?entityid=250 Town of Ross https://publicpay.ca.gov/Reports/Cities/City.aspx?entityid=254 Town of San Anselmo https://publicpay.ca.gov/Reports/Cities/City.aspx?entityid=255 Town of Tiburon https://publicpay.ca.gov/Reports/Cities/City.aspx?entityid=258 County of Marin https://publicpay.ca.gov/Reports/Counties/County.aspx?entityid=21 Marinwood Community Services District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=947 Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 16 of 18 Properly Formatted PublicPay.ca.gov Link Note: Agencies listed here can create a link to their “Elected Officials” page by adding &rpt=5 at the end of their Public Pay URL below. Agency Agency Public Pay URL Bolinas Fire Protection District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1237 Central Marin Fire Authority Link not available at Public Pay as of February 20, 2020 Novato Fire Protection District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1239 Ross Valley Fire Department https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=2827 Sleepy Hollow Fire Protection District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1240 Southern Marin Fire Protection District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1241 Stinson Beach Fire Protection District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1242 Tiburon Fire Protection District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1243 Almonte Sanitary District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1986 Alto Sanitary District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1987 Central Marin Sanitation Agency https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=2814 Las Gallinas Valley Sanitary District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1989 Novato Sanitary District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1990 Ross Valley Sanitary District (Sanitary District No. 1) https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1992 Marin Municipal Water District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=2529 North Marin Water District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=2404 Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 17 of 18 Properly Formatted PublicPay.ca.gov Link Note: Agencies listed here can create a link to their “Elected Officials” page by adding &rpt=5 at the end of their Public Pay URL below. Agency Agency Public Pay URL Stinson Beach County Water District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=2405 Agencies Not Audited Bel Marin Keys Community Services District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=945 Belvedere-Tiburon Joint Recreation Committee District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=2813 Belvedere-Tiburon Library Agency https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1623 Bolinas Community Public Utility District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=2198 Central Marin Police Authority https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=2831 Firehouse Community Park Agency https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=2818 Inverness Public Utility District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=2199 Marin City Community Services District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=946 Marin Clean Energy (MCE) https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=2821 Marin County Resource Conservation District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=2108 Marin County Transit District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=3399 Marin General Services Authority (MGSA) https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=2822 Marin Healthcare District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1552 Marin/Sonoma Mosquito and Vector Control District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1685 Follow-Up Report on Web Transparency of Agency Compensation Practices Marin County Civil Grand Jury Page 18 of 18 Properly Formatted PublicPay.ca.gov Link Note: Agencies listed here can create a link to their “Elected Officials” page by adding &rpt=5 at the end of their Public Pay URL below. Agency Agency Public Pay URL Marinwood Community Services District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=947 Muir Beach Community Services District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=948 Sonoma-Marin Area Rail Transit District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=3400 Strawberry Recreation District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=1905 Tamalpais Community Services District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=949 Tomales Village Community Services District https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=950 Transportation Authority of Marin https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=3480 EXHIBIT 2 1 RESPONSE TO GRAND JURY REPORT FORM Town of Tiburon Report Title: Follow-Up Report on Web Transparency of Agency Compensation Practices Report Date: April 28, 2020 Response By: Town of Tiburon FINDINGS • We agree with Findings numbered F2, F3. • We disagree wholly or partly with Findings numbered F5 RECOMMENDATIONS  Recommendations numbered _NA__ have been implemented.  Recommendations numbered: _R2, R3, R4 and R6_ have not yet been implemented but will be implemented in the future.  Recommendations numbered __NA_ have been partially implemented, and remaining parts will be implemented in the future  Recommendations numbered: _NA_ require further analysis.  Recommendations numbered: __NA___ will not be implemented because they are not warranted or are not reasonable. Date: August 19, 2020 Signed: ___________________________________ Number of pages attached: 3 Office of the Town Manager Town of Tiburon August 19, 2020 The Honorable Andrew Sweet Presiding Judge of the Marin County Superior Court Post Office Box 4988 San Rafael, CA 94913-4988 Lucy Dilworth, Foreperson Marin County Civil Grand Jury 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 Re: Response to Grand Jury Report Follow-Up Report on Web Transparency of Agency Compensation Practices Dear Honorable Judge Sweet and Foreperson Dilworth: This letter explains in detail the Town of Tiburon’s response to the Civil Grand Jury Report dated May 11, 2020 (Follow-Up Report on Web Transparency of Agency Compensation Practices). The Report directs the Town to respond to Findings F2, F3 and F5 and Recommendations R2, R3, R4 and R6. FINDINGS AND RESPONSES F2. Any link to compensation data on an agency’s website that takes more than five minutes or three clicks from the home page to locate, does not reasonably satisfy the intent of the Government Code that the information be easily located and “conspicuous” on the agency’s website. Response- Agree F3. Any link to publicpay.ca.gov on an agency’s website that fails to go directly to the agency’s current compensation data on that website does not satisfy the intent of the Government Code that information be easily located. Response- Agree F5. Regarding detailed disclosure of total compensation paid, most public agencies do not break out all components of compensation paid to their elected officials, including salary, meeting fees or stipends (including compensation for serving as liaison to other advisory committees, councils and forums), reimbursements, health and retirement benefits, and other benefits such as equipment. Response- Partially disagree. The Town of Tiburon has not previously broken out compensation information as indicated, however, we have not analyzed other public agencies practices. RECOMMENDATIONS AND RESPONSES R2. No later than 90 days after the date of this report, agencies should modify the location of their existing publicpay.ca.gov links to satisfy the requirement of Government Code Section 53908 that their link be “conspicuous.” Conspicuous locations for agencies are suggested in Table 2. Response- This recommendation has not been implemented but will be implemented in the future. The Town plans to implement this recommendation within 60 days of Town Council approving this response R3. No later than 90 days after the date of this report, agencies should modify their existing publicpay.ca.gov links so that they provide a direct link to their current compensation data on the state site. To eliminate the need for annual updates, the URL used for the link should exclude any parameter specifying a year. Formatted URL examples are shown on Appendix A. Response- This recommendation has not been implemented but will be implemented in the future. The Town plans to implement this recommendation within 60 days of Town Council approving this response R4. No later than 90 days after the date of this report, in addition to any other compensation links, agencies should include a link on their board or council web pages that leads directly to their “Elected Officials” page on the publicpay.ca.gov site, conforming to the format suggested on Appendix A. Response- This recommendation has not been implemented but will be implemented in the future. The Town plans to implement this recommendation within 60 days of Town Council approving this response R6. No later than 120 days after the date of this report, agencies should adopt a practice to compile and publish each year an annual report detailing the compensation actually paid to their elected officials for the previous calendar year. Compensation disclosures should include, at a minimum, salary, meeting fees or stipends (including compensation for serving as liaison to other advisory committees, councils and forums), reimbursements, health and retirement benefits, and other benefits such as equipment. A link to this report should be posted on the agency’s board or council web page. Response- This recommendation has not been implemented but will be implemented in the future. The Town plans to implement this recommendation within 60 days of Town Council approving this response Sincerely, Greg Chanis Town Manager TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Consider Approval of Memorandum of Understanding with Tiburon Peninsula Chamber of Commerce for the Expenditure of Town Granted Funds Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council is considering approval of a Memorandum of Understanding between the Town and the Tiburon Peninsula Chamber of Commerce (“Chamber”) related to Town funds granted to the Chamber in May 2020. RECOMMENDED ACTION(S) 1. Approve the Memorandum of Understanding attached as Exhibit 1 and authorize the Town Manager to execute. BACKGROUND On May 6, 2020, the Council considered a request by the Tiburon Peninsula Chamber of Commerce (“Chamber”) to reallocate funding Council had previously approved in October 2019 to support the establishment of a Tiburon Welcome Center. The total amount initially allocated by Council in October 2019 was $126,000 to be expended in Fiscal Year 2019-2020, and an additional $20,000 per year for Fiscal Years 21, 22 and 23, for a total of $186,000. After hearing a presentation by the Chamber, receiving public comment, and discussing the request for reallocation of funds, Council approved reallocating a total of $116,000 in funding as follows: 1. Reallocation of $16,000 in funding to the COVID-19 Small Business Fund, with these funds to be held and disbursed by the Tiburon Peninsula Foundation acting as Fiscal Agent. 2. Reallocation of $10,000 to support a COC led Re-Engaging Marketing Campaign. 3. Reallocation of $30,000 to the COC to support the development of a scaled down Welcome Center to be located at 46B Main Street. 4. Recommitted to contribute $20,000/year in Fiscal Years 21,22 and 23 to support ongoing COC operations at the Main Street location. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Special Meeting August 19, 2020 Agenda Item: CC-8 Town Council Meeting August 19, 2020 TOWN OF TIBURON PAGE 2 OF 2 In addition, Council directed staff to develop a Memorandum of Understanding (MOU) between the Town and the Chamber detailing how the reallocated funds would be dispersed and expended. ANALYSIS Staff has worked with the Chamber and Town Attorney in developing a Draft MOU for Council’s consideration, which is attached as Exhibit 1. As part of this process, the Chamber has provided a Work Plan detailing how funds granted by the Town will be utilized. The Work Plan, attached as Exhibit 2, will be incorporated into the MOU as Exhibit A when finalized. Staff notes the MOU relates to only $100,000 of the $116,000 in reallocated funds. The remaining $16,000 (Item 1 above) was earmarked for the COVID-19 Small Business Fund, with these funds directed to the Tiburon Peninsula Foundation. FINANCIAL IMPACT Funds related to items 1-3 above were included in the Fiscal Year 2019-2020 (Prior Year) Budget and will have no impact to town finances in Fiscal Year 2020-2021(Current Year). Item 4 above grants $20,000 per year to the Chamber starting in Fiscal Year 2020-2021. The first $20,000 installment of these funds were included in the Fiscal Year 2020-2021 Budget approved by Council on June 17, 2020. 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 Town Council: 1. Approve the Memorandum of Understanding attached as Exhibit 1 and authorize the Town Manager to execute. Exhibits: 1. Draft Memorandum of Understanding 2. Work Plan Prepared By: Greg Chanis, Town Manager EXHIBIT 1 Page | 1 SR #4818-4304-1724 v1 MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF TIBURON AND THE TIBURON PENINSULA CHAMBER OF COMMERCE THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "Agreement"), is made and entered into as of_____________________, 2020 and is between the TOWN OF TIBURON (hereinafter referred to as “The Town”), and the TIBURON CHAMBER OF COMMERCE (hereinafter referred to as “The Chamber”). The Town and the Chamber are hereinafter referred to as "Parties" or, each individually, as “Party” for the implementation of grant funds in the amount of ____$100,000_____ (hereinafter referred to as the “Grant funds”) for ____________________ (hereinafter referred to as "the Grant"). W I T N E S S E T H WHEREAS, on October 16, 2019, the Town Council for the Town of Tiburon unanimously approved a grant of $186,000 (Grant Funds) to the Tiburon Chamber of Commerce to create and operate a Tiburon Welcome Center; and WHEREAS, the Town Council allocated the Grant Funds as follows: $126,000 to support the renovations necessary to establish the proposed Welcome Center at 1704 Tiburon Blvd. and directed that the funds be expended in the Fiscal Year 2020. And $20,000/year for three years commencing in Fiscal Year 2021 for operations of the Welcome Center; and WHEREAS, in March, 2020, the Governor of the State of California declared a State of Emergency due to the COVID-19 pandemic; and WHEREAS, due to State and local shelter orders responding to the COVID-19 pandemic and due to the risk posed to the general public from the COVID-19 pandemic, many businesses have closed and/or are experiencing extreme financial difficulties; and WHEREAS, due to State and local shelter orders responding to the COVID-19 pandemic and due to the risk posed to the general public from the COVID-19 pandemic, the Chamber has canceled many of its signature events including the annual Wine Festival; and WHEREAS, due to the loss of revenue stemming from the State and local shelter orders and the COVID 19 pandemic, the Chamber is no longer able to undertake the proposed Welcome Center project as previously envisioned; and WHEREAS, with the onset of the COVID-19 pandemic and the ensuing decrease in business activity, the Chamber has shifted its focus from establishment of a welcome center to assisting the business community in sustaining during, and recovering from, the fallout of the pandemic; and WHEREAS, for these reasons, the Chamber has asked the Town to reallocate the Grant Funds by redirecting most of the funding from establishment and operation of a welcome center to COVID-19 related relief efforts, and by specifying with greater detail how the Grant Funds may be used ; and - Page | 2 SR #4818-4304-1724 v1 WHEREAS, on May 6, 2020, the Town Council considered the Chamber’s request to reallocate the Grant Funds ; and WHEREAS, on May 6, 2020, the Town Council recommended that $116,000 of the Grant Funds be reallocated to the Chamber, and directed staff to return with an MOU between the Chamber and the Town documenting the reallocation and eligible uses of the Grant Funds. NOW, THEREFORE, in consideration of the covenants and mutual undertakings set forth herein, the Parties hereby agree as follows: SECTION (1). THE TOWN’S RESPONSIBILITIES The Town agrees: (1) To reallocate $100,000 of the Grant Funds to the Chamber as follows: a. $40,000.000 shall be granted to the Chamber upon execution of this MOU in order to enable the Chamber to fulfill the programs and services set forth in the Work Plan. b. $20,000.00 shall be granted to the Chamber annually for three years on _____July 15____to fulfill programs and services related to operation of a welcome center as set forth more specifically in the Work Plan. SECTION (2). THE CHAMBER’S RESPONSIBILITIES. The Chamber agrees: (1) That as consideration for its acceptance of the Grant Funds, it shall complete the work, services and programs described in in the Work Plan, which is attached hereto as Exhibit A, and incorporated herein by reference. (2) That it shall only utilize the Grant Funds pursuant to the terms of this MOU and for the work and services described in the Work Plan. (3) To implement the services and programs described in the Work Plan with the level of competency and standard of care exercised by a reasonably prudent professional performing the same kind of work. (4) To submit to the Town quarterly reports detailing work completed and services provided pursuant to this MOU and the Work Plan in the manner provided for in Section 3 of this MOU. Section (3). THE WORK PLAN (1) Beginning on October 1, 2020, the Chamber shall prepare and submit to the Town a quarterly certification report describing work performed and Grant Funds expended during the previous quarter in furtherance of the implementation of this MOU and the services described in the Work Plan. The quarterly certification report shall detail all services Page | 3 SR #4818-4304-1724 v1 rendered, including the Chamber’s progress toward meeting the services and programs set forth in the Work Plan. (2) If the Chamber’s work performed and/or Grant Funds expended are inconsistent with the work, services and/or programs set forth in the Work Plan, the Chamber shall be in default of this agreement and the Town shall have the right to require the Chamber to return all or a portion of the Grant Funds after providing written notice to the Chamber of the Town’s intention to seek the return of Grant Funds. (3) Prior to providing said written notice to the Chamber, the Town shall request the Chamber meet with Town staff to review the quality of work, the scope of the Chamber’s Grant Fund expenditures, or any other matters of concern. The Chamber shall have fifteen (15) days from the date of the written notice to return to the Town that portion of the Grant Funds which the Town determines were expended in a manner that does not meet the requirements or scope of the Work Plan. Section (4). TERMINATION OF AGREEMENT (1) This MOU shall remain in effect until all Grant funds have been expended and subject to the terms of this section. (2) Following termination of this MOU, each Party shall remain responsible for any liability, costs or expenses including any request for repayment by the Town related to the Work Plan. (3) Parties acknowledge that in no event shall the Town be responsible for any liability, costs, or expenses related to acts or omissions by the Chamber or its agents, including but not limited to contractors/subcontractors of the Chamber for the performance of work in furtherance of the Work Plan, as a result of the termination of the MOU or for any other reason. Section (5). GENERAL INDEMNIFICATION Each Party agrees to indemnify, defend, and hold harmless the others for any liability, costs, or expenses related to its acts or omissions hereunder, or those of its agents, including but not limited to contractors and subcontractors retained for the performance of work in furtherance of the Work Plan. No Party shall be entitled to contribution from any other Party for liability, costs or expenses related to its own acts or omissions, or those of its agents. Section (6). NOTIFICATION (1) Any notices, bills, invoices, or reports relating to this Agreement, and any request, demand, statement or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the Parties at the addresses set forth below: Town of Tiburon: Page | 4 SR #4818-4304-1724 v1 Tiburon Town Manager Tiburon Town Hall 1505 Tiburon Boulevard Tiburon CA 94920 Tiburon Chamber of Commerce: Executive Director, Tiburon Peninsula Chamber of Commerce The Tiburon Depot Welcome Center 46B Main Street Tiburon CA 94920 Section (7). GENERAL TERMS (1) Governing Law: This MOU shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. (2) Amendment: No variation, modification, change, or amendment of this MOU or the Work Plan shall be binding upon any Party unless such variation, modification, change, or amendment is in writing and duly authorized and executed by each Party. (3) Entire Agreement: This MOU constitutes the entire agreement between the Parties with respect to the subject matter of this agreement and supersedes all prior and contemporaneous agreements and understandings, including, but not limited to any agreements or understandings regarding previous allocation of the Grant Funds. (4) Interpretation: All Parties have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair language and any ambiguities shall not be resolved against the drafting Party simply by virtue of having drafted the ambiguous provision. (5) Assignment: No Party shall assign this MOU or any of such Party’s interest, rights, or obligations, under this Agreement without the prior written consent of the other Party. (6) Manner of Execution: The Agreement may be executed simultaneously in counterpart, each of which shall be deemed an original, but together, shall constitute but one and the same instrument. (7) Severability: If any provision or provisions of this MOU shall be determined by any court to be invalid, illegal or unenforceable to any extent, the remainder of the MOU shall continue in full force and effect and the MOU shall be construed as if the invalid, illegal or unenforceable provision(s) had never been contained in this MOU. (8) Authority to Enter Agreement. Each of the persons signing below on behalf of a Party represents and warrants that he or she is authorized to sign this MOU on behalf of such Party. Page | 5 SR #4818-4304-1724 v1 IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by their respective officers as set forth below: TOWN OF TIBURON: By Town Manager Date APPROVED AS TO FORM: Benjamin Stock Town Attorney By Date TIBURON CHAMBER OF COMMERCE: By NAME OF AUTHORIZED REPRSENTATIVE Date APPROVED AS TO FORM: PARTY LEGAL COUNSEL NAME, TITLE By Date EXHIBIT 2 Exhibit A Work Plan The Chamber shall utilize the Grant Funds amounts allocated in this Work Plan to imple- ment the services and programs detailed herein. The Chamber shall not utilize the Grant Funds for any work, services or programs not detailed herein, without prior written consent of the Town. The Chamber shall complete the services and programs detailed he- rein by the deliverable date and utilizing the Grant Fund amounts as set forth below. Services and Programs Deliverable Deadline for Service and Pro- gram Grant Funds Allo- cated for Service and Program Chamber Marketing Campaign •$2,500 Slow Street Banners - Main Street, Blackie’s Pasture, Table No- tices, Slow the Spread Campaign, Branded Face Masks •$ 2,000 Video Promotions •$ 2,000 Depot Store Front Signage/ Window Decals •$500 Professional Photographer Fees. To photograph town and stores for use on social media and to share with stores for their own use - there are currently very limited professional quality photos for ongoing marketing of Tiburon. •$1,000 social media consultant to post July - October •$2,000 Print Advertising - Ark, Marin IJ Receipts will be pro- vided for all marketing expenses $10,000.00 Welcome Center/ Tiburon Depot •Funds will be used to pay Chamber portion of Tiburon Depot lease. $12K per year. 3 Year lease. Chamber antic- ipates ability to pay last 6 months of lease from event income in 2023. Lease agreement and monthly payment re- ceipts to be provided $30,000.00 Ongoing Operation of Welcome Center •Funds used to pay salary Tiburon De- pot staf\ing •Hours of Operation - 25 hours per week from Wednesday - Sunday •$18 per hour - $25,740 annually for wages and taxes - split with Destina- tion Tiburon / Chamber portion = $12,870 annually •Liability Insurance $3,211 annually •Workers Comp $479 annually •Bookkeeper $2,000 •$1,400 annual utilities including digi- tal signage monthly fee Liability Insurance Policy, Workers Comp Policy to be provided with proof of payment. Payments to Depot Staff and Bookkeeper will be itemized monthly. $20,000.00/annually for three years 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 to the Marin Commission on Aging Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider one appointment to the Marin Commission on Aging. RECOMMENDED ACTION(S) 1. Consider making one appointment to the Marin Commission on Aging; or 2. Continue the item and direct staff to continue to accept applications for one or both vacancies and schedule interviews at an upcoming Town Council meeting. BACKGROUND The Marin Commission on Aging has had one vacancy since June 30, 2020, when Sue Kwentus’ term expired. She did not seek an additional term on the Commission. This vacancy was first advertised in December/January as part of the annual appointments process and again in May/June of this year. Staff accepted applications for the position until June 19, 2020, and the Council has interviewed all three applicants: Sarah McNamara, Julie Friedman, and Jacqueline Etemad. Their applications are attached as Exhibits 1-3. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. 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 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 19, 2020 Agenda Item: AI-1 Town Council Meeting August 19, 2020 TOWN OF TIBURON PAGE 2 OF 2 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 1. Consider making one appointment to the Marin Commission on Aging; or 2. Continue the item and direct staff to continue to accept applications for one or both vacancies and schedule interviews at an upcoming Town Council meeting. Exhibit(s): 1. Sarah McNamara Application Materials 2. Julie Friedman Application Materials 3. Jacqueline Etemad Application Materials Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 Town of Tiburon 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org 415.435.7377 TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commIssIons, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk A plicant Name Full Name: Sarah V. McNamara Date: 1/27/20 Areas of Interest Please indicate your areas of interest in numerical order: ---Planning Commission ---Design Review Board ---Heritage & Arts Commission ---Bel-Tib Library Board ___ Affordable Housing ---Parks, Open Space & Trails Comm. Bel-Tib Joint Recreation Board --- ---Disaster Advisory Council _1 __ Commission on Aging Building Code Appeals Board --- Applicant Information Address: 4801 Paradise Drive Street Address Apartment/Unit # Tiburon, CA 94920 City State ZIP Code Phone: 415.533.3260 Email: sivancovich@yahoo.com ------------------------------------- Wh did ou select our area(s of interest? Grandparents -I never had the pleasure of knowing them. My parents married later in life and I have always missed that connection with older adults who have wisdom and kindness to impart. When I moved to San Francisco post university, I volunteered at the Heritage Home and felt so much fulfillment bringing music and activities to the older adults. I have always known that my work would eventually end up in the caregiving space spanning both childcare and eldercare and I want to put my experience to good use to help the aging population in Marin. I love our community of Marin and have lived in Tiburon for the past 12 years with my husband Danny and our two children. We are active in the Reed School District and Tiburon community and are big supporters of our Public Libraries. I pride myself in being a lifelong learner and that is what I want for our older adults in Marin. It is so important to keep learning and keep being productive and providing opportunities for older adults to contribute their knowledge and in turn feel valued. I love companies like www.wahve.com that are creating work at home opportunities for older adults. I want to grow these types of opportunities that promote independence and help older adults to engage. Another venture that could benefit Marin is Berkeley Home Match which is pairing university students with older adults yielding financial benefits and intergenerational exchanges. What are our applicable qualifications and experiences? I want Marin to be a forerunner in helping our community members age with dignity. I want to focus on proactive measures to help older adults age at home and build partnerships that help battle the loneliness epidemic. My experience in the caregiving space spans 14+ years. I am the Responsible Officer for a highly regulated U.S. Department of State live-in au pair program and oversee a P&L of $50MM in revenue and 6000 caregiving placements a year. I oversee all marketing, partnership development, customer service, operations, advocacy and regulatory compliance for the business. Our industry has seen the significant need of care solutions for older adults. I am currently launching an eldercare business called AltruCare. The service provides wellness and companionship visits to older adults both in home and in care facilities and provides updates and reporting back to love ones who typically live far away. I am a member of the American Society on Aging, I attend Mary Furlongs Boomer Summit to stay up to speed on aging topics and new businesses serving older adults. I also attend Governor Gavin Newsom's "Master Plan for Aging" in California webinars to ensure that I am up to speed on the states focus for Healthy Aging, Housing, Transportation, Hunger and Work Opportunities. I would like to serve on the commission and utilize my experience to help improve the quality of life for older adults in Marin. Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. SARAH MCNAMARA 4801 Paradise Drive ▪ Tiburon, CA 94920 ▪ 415-533-3260 ▪ sivancovich@yahoo.com ▪ linkedin.com/in/smcnamara1 ACCOMPLISHED & DYNAMIC BUSINESS LEADER IN OPERATIONS, SALES, MARKETING & REVENUE GENERATION ✓ Motivational leader who brings out the best in teams and establishes positive client/vendor/partner relationships. ✓ Proven record of generating results via creative technology solutions and pragmatic marketing strategies. ✓ Well-respected and trusted; frequently promoted and rewarded for exemplary performance/results. ◼ Operations/Systems Management ◼ Full Profit-and-Loss Responsibility ◼ Strategic Planning & Execution ◼ Sales Forecasting & Modeling ◼ Multi-Channel Marketing Strategies ◼ Public Relations ◼ Team Building & Leadership ◼ Digital Marketing ◼ International Sales & Marketing PROFESSIONAL EXPERIENCE AUPAIRCARE – San Francisco, CA – 2016-Present Sr. Vice President / General Manager Run a $50 million international childcare services organization. Lead a team of 225+ employees and have full profit and loss responsibility. Designated Responsible Officer with the U.S. Department of State to ensure regulatory compliance. Member of the company’s Global Sr. Leadership Team focused on risk management. ▪ Increased revenue from $29MM to $46MM and net profit increase over 100% in 5 years. ▪ Introduced new product offerings and upsell opportunities that achieved $400K annual profit. ▪ Restructured international recruitment model to focus on most profitable markets. ▪ Spearheaded conversion of a legacy database to the Salesforce platform enabling scalability and modernization of customer experience. ▪ Created tiered sales incentive model for 200+ member field sales team that led to improved morale and increased revenue. ▪ Catapulted marketing strategy to broaden sales; lead generation, social media, website revamp, ambassador programs and grassroots campaigns. ▪ Implemented series of cost reductions including outsourcing job functions and eliminating low growth markets. AUPAIRCARE – San Francisco, CA – 2010-2015 Vice President / Senior Director of Operations / Director of Matching & New Product Development Responsible for all Sales, Marketing, Customer Service and Operations. Developed and implemented domestic and international sales/marketing strategies and strategic planning to meet business development goals. Face of the company to international partners, trade associations, media, auditors and legal. ▪ Recruited, trained, and led top-performing 25+ member management team in meeting and exceeding expectations. ▪ Revamped the billing experience porting it online and improved financial management and oversight. ▪ Utilized analytics to rearchitect site navigation, streamlining conversion and customer experience. ▪ Digitized all operational systems and eliminated antiquated, paper-based processes. INTRAX CULTURAL EXCHANGE – San Francisco, CA – 2006-2010 Senior Director of Marketing Led sales and multi-channel marketing strategies for a company that provides cross-cultural exchanges and educational opportunities worldwide. Led marketing team in search engine optimization, pay-per-click management, and customer success stories. Directed all domestic and global advertising campaigns for the company’s cultural exchange programs. Planned and managed $1 million budget. SARAH MCNAMARA, 2 415-533-3260 ▪ sivancovich@yahoo.com ▪ Grew leads and conversions during intensive growth period within the company; implemented email strategy that automated the sales cycle and improved conversions. ▪ Improved site rankings by 4 positions within 1 year through onboarding the company’s 1st SEO firm. Created the web site strategy and used analytics to rearchitect site navigation, streamlining the customer experience. ▪ Increased participant enrollment by 30% for the high school study abroad program. MACYS.COM – San Francisco, CA – 2001-2005 Senior Marketing Manager, Bridal / Email Marketing Manager Promoted to manage all marketing functions and partner with retail locations as well as with weddingchannel.com. Spearheaded marketing strategy/execution for the $70 million online bridal registry business. Oversaw multi-channel promotions, direct mail, email marketing, site enhancements, search engine optimization, affiliate marketing, and partnership development initiatives. As Email Marketing Manager, led macys.com email marketing program for a 3 million email database; presented communications seminars to 300+ team members. ▪ Drove 30% increase in online bridal registration and 22% increase in bridal sales. Initiated the 1st bridal keyword search program with partners Google and Overture, resulting in a profitable 1:20 cost-to-sales ratio. ▪ Expanded the marketing budget for the site by 55%, ensuring achievement of positive ROI for all marketing campaigns and activities. ▪ Increased email database by 77% through a series of effective tactics, including reverse append, retention, and acquisition solutions. CAREGUIDE, INC. – San Francisco, CA – 1999-2000 Partner Development Manager Targeted and developed partnerships with media sites that would host Careguide’s site content. Educated partners, vendors, and the community on the impact of child and elder care issues. Managed $1.2 million annual budget. Developed and negotiated contracts that incorporated content exchange, revenue share, marketing, and traffic goals. ▪ Increased co-branded traffic by 200% and improved membership 2x; established successful co-branding partnerships with Cox Interactive, Learning Network, and iVillage. ALEXANDER OGILVY PUBLIC RELATIONS – San Francisco, CA – 1997-1999 Senior Account Manager / Account Manager / Account Coordinator Earned fast-track, performance-based promotions. Managed PR for large technology companies, developing PR plans, news releases, and pitch letters. Supervised, mentored, and evaluated performance of staff. ▪ Managed the company’s 1st global account, NCR Financial Group, spearheaded HP’s Net Server Customer Testimonial Program, and guided branding campaign for Realtor.com. EDUCATION & CREDENTIALS Bachelor of Arts in Economics LOYOLA MARYMOUNT UNIVERSITY – Los Angeles, CA Study Abroad Program Bonn, Germany Professional Affiliations Member, Alliance for International and Cultural Exchange Member, Email Marketing Association & Project Managers Forum Member, San Francisco Chamber of Commerce Technology Skills Summary Marketo, Drupal, Salesforce Integration, Google Analytics, Survey Monkey, VerticalResponse, Intacct EXHIBIT 2 r Town of Tiburon 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org 415.435.7377 TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commIssIons, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your apptication wm atso remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Cterk Full Name: L.' I e_ ±\0-.%\.oJ\ -ry \ e dJna.n.._ C Date: Please indicate your areas of interest in numerical order: ---Planning Commission ---Parks, Open Space & Trails Comm. Design Review Board ---Bel-Tib Joint Recreation Board --- ---Heritage & Arts Commission ---Disaster Advisory Council ---Bel-Tib Library Board j...-Commission on Aging ---Affordable Housing ---Building Code Appeals Board Street Address Apartment/Unit# -rr b\.A...VOQ l CR City State ZIP Code Phone: t-\ \ 5-L\35-\ b.3'2.., :--=·· ---· What are our applicable qualifications an-d ex eriiences?. . . . .. Public Disclosure Notice:. Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. EXHIBIT 3 Town of Tiburon 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org 415.435. 7377 RECEIVED TOWN OF TIBURON JAN 2 7 2020 COMMISSION. BOARD & COMMl7 TEE .,___ 1 --:,:TOWrf(\_J.: APPLICATION TOWN OF TIBu '.tUN The Town Council considers appointments to its various Town commIssIons, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk Applicant Name FullName:Jacqueline Etemad, M.D. Areas of Interest Date: 1/23/2020 Please indicate your areas of interest in numerical order: ---Planning Commission ---Parks, Open Space & Trails Comm. Design Review Board ---Bel-Tib Joint Recreation Board --- Heritage & Arts Commission ---Disaster Advisory Council --- Bel-Tib Library Board ---1 Commission on Aging --- ---Affordable Housing ---Building Code Appeals Board Applicant Information Address: 15 Venado Drive Street Address Apartment/Unit# Tiburon, CA 94920 City State ZIP Code Phone: 415-435-2776 Email: Jetemad36@gmail.com Wh did you select your area(s) of interest? As a senior myself, I am drawn to issues of aging. Now fully retired both from my profession and from intensive family caretaking duties, I find myself looking for an opportunity to be active again in the community where I have lived for the past 48 years. The Commission on Aging seems a particularly good fit for me. What are your applicable qualifications and experiences? First of all I am a senior, or perhaps a " super-senior " , who can understand and relate to issues of aging. Following medical and psychiatric training I practiced and taught child and adolescent psychiatry for more than forty years. My professional experiences include serving as a consultant in many settings including schools, juvenile justice, business, and the health insurance industry. I was involved in committee work at many levels developing initiatives in such areas as advocacy for underserved children and HIV professional education. Recently I have been a family caregiver with experiences in hospital and home care settings as well as with Hospice and Alzheimer ' s Association. I have been a calm and restrained committee member listening and learning first and then seeing what I may be able to add. I believe I may have a lot to contribute. Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. JACQUELINE ETEMAD, MD SUMMARY OF QUALIFICATIONS • Four years experience in managed care applying OIAMPUS standards • Medical degree plus seven years post-gniduate training in adult, adolescent, and child psychiatry • Boanl certified in general psychiatry and in child and adolescent psychiatry • 25 years clinical experience as a child, adolescent, and adult psychiatrist • Clinical pmfessotsbip .in Child and Adolescent Psychiatry with extensive experience in teaching and supei:vision • Experience as a consultant in a variety of settings • Experience giving depositions and serving as an expert witness • Author of many publications • Experienced presenter in a variety of settings • Extensive business management experience including familiarity with petsonoel issues, marketing, legal and tax issues, and finance • Advanced computer skills • Active leadetship in professional associations • Active participation in community sei:vice and advocacy EXPERIENCE IN MANAGED CARE 1991-1993 Health Management Strategies, Inc. Alexandria, VA Prychiatric Consultant, CHAMPUS certification • Conducted 2 to 3 day site visits to 20 residential tteatment cente1'5 throughout the US. • Pcovided insetvice training to residential treatment staff on meeting CHA1vfP1JS requirements. • Wrote extensive reports detailing issues of compliance and non- compliance with CHA.MPUS standards. 15 VENADO DR.IVE • TIBURON, CA 94920 (W) 41S-435-2474 (H) 415-43S-2776 2 1994-1996 Aetna Government Health Plans Fairfield, CA Mental Health Consultant • Studied and interpreted CHAMPUS criteria as developed by Health Management Strategies, Inc. • Provided second level review for inpatient and outpatient, child and adult mental health services. • Provided diial level review on appea1s of denials. • Developed and maintained computerized records of inpatient and residential treatment reviews as well as appeals. • Communicated with providers and beneficiaries .regarding application of CHAMPUS standards. • Developed and provided staff with local procedures to maintain compliance with OIAMPUS standards. • Provided consultation to utilization management., case management, and quality assumnce staff. • Provided on-call cover.ige for health care finders. EDUCATION, TRAINING, AND CERTIFICATION 1957 University of Califomia at Berkeley Bachewr of Arts/ Sodowgy with honors, phi beta kappa 1964 University of Califomia at San Francisco (UCSF) Doctor of Medicine 196+1965 UCSF Stnzigbt Medical Intern 1965-1967 UCSF /Langley Porter Psychiatric Institute (LPPI) General Psychiatry &sz"dent 1967-1969 UCSF/LPPI Child Psychiatry Fellow 1969-1971 UCSF/LPPI Senior Resident in Child Psychiatry • Served as Director of Children's Inpatient Service • Supervised child psychiatxy residents and medical students • Conducted follow-up study ofhospitilized children. 3 1971 American Board of Psychiatry and Neurology • Board Certified in General P~chiatry 1976 American Boatd of Psychiatry and Neurology • Board Certified in Child P~hiatry CLINICAL PRACTICE EXPERIENCE 1969-1996 Private Practice of Psychiatry Tiburon, Califomia TEACHING EXPERIENCE Adults, Children, Adalesce11tr, Families, Couples • Psychodynamically oriented psychotherapy, short and long term • Medical treatment of anxiety disorders, depression, psychosis • Extensive work with schools, probation departments, and other social agencies • Custody evaluations, depositions, court testimony • Eating disorders, gender identity issues, substance abuse • Supervision of non-medical therapists 1971-1996 Clinical Faculty, UCSF Medical School Cuffent rank: Clinical Professor • Provided individual supervision to general and child psychiatry residents. • Taught interviewing skills to medical students. • Developed use of video for outpatient evaluations. • Created course in infant development for child psychiatry and pediatric residents. • Developed seminars on gender identity issues and on AIDS. • Served on Medical School Admissions committee 1987- 88. • Served on 25th reunion committee. Researched and presented follow-up of graduates at the reunion. 4 CONSULTATION EXPERIENCE 1968-1969 San Francisco Youth Guidance Center • Provided consultation to probation officers. 1970-1972 Fairfield School for Severely Disturbed Children • Provided consultation to teachers. 1970-1973 San Francisco Parent Participatiott Nutsery Schools • Provided consultation to pa.rents and teachers. • Gave p1:eseotations to teachers and parents on child development issues. 1974-1982 Marin Cooperative Nursery Schools • Provided consultation to parents and teachers. • Gave presentations to teachers and parents on child development issues. 1974-1975 Kentfield Rehabilitation Hospital • Provided consultation for staff working with severely developmentally disabled children. 1989-1992 Special Education Dept. Novato School District • Provided consultation to teachers, f.unilies and staff. • Participated in ''Esteem Team" program funded through State Office of Criminal Justice Planning. 1991-1994 Children's Garo.en of Marin County • Evaluated abused and neglected children. • Provided consultation to shelter and group home staff BUSINESS EXPERIENCE 1958-1990 Co-owner and director of Foreign Exchange Ltd., a San Francisco foreign currency exchange firm with up to eight employees and annual gross receipts of up to $15 million. • Directed mai:keting operations (up to three employees) • Intervie,ved applicants and participated in hiring decisions • Prepared financial data for accounting and tax prepatation. 5 • Supervised bookkeeping ope.rations. Created computerized bookkeeping system for foreign amency exchange transactions. • Provided consultation to employees. PROFESSIONAL ASSOCIATIONS 1972-cuaent Northem California Regional Organization of Child and Adolescent Psychiatry Founding member (1972) and Past President (1977) • Chaired HIV project committee which developed community service program for membets (1988-90). • Associate Editor of Newsletter (1987-1991) 1971-cw:rent American Academy of Child and Adolescent Psychiatry Fellow • Member Progtrun Committee (twice), Local Amm.gemenrn Chair (twice), Associate Editor of Newsletter, Oinical Practice Committee, Membet:Ship Committee, Delegate to Regional Assembly., Assembly representative to Council. • Chaired IIlV Issues Committee (1989-90) • Chaired Task Force on Advocacy for Undec.eived Otildren and Adolescents (1993-1995). • Edited Newsletter column on Social Issues and Advocacy (1991-1995). 1968-cuaent American Psychiatric Association Fellow • Site visitor, Community Psychiatry Awards • Member AIDS Commission (1990-1996) • Member Council on Children, Adolescents, and their Families (1994-1997) 1980-1993 American Board of Psychiatry and Neurology PUBLICATIONS 6 Board Ex(J11Jj11cr • Conducted examinations in gene.al psychiatry on fouc occasions (1980-1988). • Conducted examinations in child psychiatry on three occasions (1985-1993). "A Statistical Study of a Group of Psychotic children" with S. A. Szurek and D. Bomberg, in Clinical Studies in Childhood Psychoses, Brunner Mazel, 1973. "A Modified Follow-up Study of a Group of Psychotic children" with S.A. Szurek, ibid. "Mutism among Psychotic Children" with S. A. Szurek, ibid. ''E.val.uation of EEG Findings in a Group of Psychotic children" with S.A. Szurek, C.L Yeager, and F.R. Schulkin, ibid. "Girls and Hoises; Sex Difference in Attachment Behavior" with Klopfer and Klopfer, Journal of North Carolina Academy of Science, 1982. Co-Editor "Special Section on HIV's Impact on Child and Adolescent Psychiatry", J of Child and AdolescentPsychia~ September 1991. "Child and Adolescent Psychiatris1S and HIV Disease: A Survey", with L.K Brown, A. J. Breoman, and S.A. Dwight, J of Gbilct and Adolescent Psychiatty, September 1991. "HIV in Children and Youth" with HIV Issues Committee, Facts for Families, AACAP 1990. ''Position Statement 011 HIV in Children and Youth", Adopted as official policy by American Psychiatric .Association and American Academy of Child and Adolescent Psychiatry, 1991. Articles for Newsletter, North.em California Regional Org-anization of Child and Adolescent Psychiatry (1987-1991) on IDV Issues, Regional .Assembly Reports, Community Secvice Project reportS. Articles for Newsletter, American Academy of child and .Adolescent Psychiatry (1988-1995): "AIDS Presentations at the Seattle Annual Meeting", "AIDS and Child Psychiatrists .. , "Report of the HIV Issues Committee", "Grassroots lilV Work by Child Psychiatrists". 7 'The Mental Health Professional's Role in I-ITV Prevention, Perspectives of a Child and adolescent Psychiatrist", Comprehensive Mental Health Cate, December 1992. "Children, Adolescents, and HIV, Ethical Issues", in Child and Adolescent Psychiatric Oinks of North America, Volume 4, Number 4, October 1995. "Catchers m the Rye, Advocacy by Child and Adolescent Psychiatrists", .American Academy of Child and Adolescent Psychiatry in house publication, February 1996. Currently under consideration for publication by American Psychiatric Press RECENT PRESENTATIONS November 1989 "Epidemiology, Pathogenesis and Oioical Interventions in Perinatal HIV Infection." And "Adolescent Risk Behaviors for HIV Infection; Strategies for Intervention", Washington State Council of Child Psychiatry, Seattle WA. May 1990 ''Psychiatry and AIDS" part of AIDS Wot:kshop for Nw:ses, SD Bishop State Junior College, Mobile, AL. May 1990 "AIDS' impact on Ouldren and Adolescents", Gwid rounds, Department of Psychiatry, Unive,:sity of South Alabama, Mobile,AL. October 1990 "Development of an HIV Intervention Program foe Child Psychiatrists", American Academy of Child and Adolescent Psychiatry Annual Meeting, Chicago, IL. January 1991 "Progress in Community Service for NCR.OCAP" Northem Califomia Regional Organization of Child and Adolescent Psychiatry, Annual Meeting, Yosemite, CA.. February 1991 ''Te.cminal Illness in Children", Coming Home Hospice, San FDU1cisco, CA May 1991 Developer and Moderator, "IITV in Children and Youth: Dilemmas and solutinns", AIDS Commission Workshop, American Psychiatric Association Annual Meeting, New Orleans, LA. Februaiy 1992 "AIDS and the Chronically Mentally Ill" , California Alliance foe the .Men:tally Ill, Oakland CA. May 1992 Organizer and Moderator., "HIV's Impact on Children and Adolescents", American Psychiatric Association AIDS Education Project presentation, American Psychiatric Association Annual Meeting, Washington DC. 8 September 1992. "AIDS in Women", USDA Forest Service inservice, San Francisco, CA .. November 1992 "SeJi."Uality, AIDS, and the Meutilly ID", California Alliance foe the Mentally ID annual meeting, San Francisco, CA. Match 1993 "AIDS and Adolescents: Reducing the Risk tht:ougb Education and Prevention", Pan American Symposium on AIDS and HIV D.isease: A Mental Health Peispective, San Juan, Puerto Rico. March 1993 "AIDS and Adolescents: Can We Stop the Sexual Risk Juggemaut?", wand Rounds, Alta Bates Hospital, :Berkeley, CA. May 1993 'WV and Families", IIlV Ethical and Oinical Dilemmas: Adolescents", American Psychiatric Association annual meeting, San Francisco, CA July 1994 "Aids Prevention" present.ed to Society of French Psychia.trists, International Association of Child and Adolescent Psychiatry quadrennial meeting, San Francisco, CA. May 199 5 "Addressing AIDS Related Sexual Risk among Adolescents" American Psychiatric Association annual meeting, Miami, FL. October 1995 "Child and Adolescent Psychiatrists as Advocates for Children", American Academy of Child and Adolescent Psychiatry annual meeting, New Orleans, LA. COMMUNITY ACTIVITIES 1975-1976 1976-1979 1977-1981 Cub Scout den mother, Tiburon, CA Little League coach, Tiburon, CA Youth Soccer coach, Tiburon, CA 1979-1981 Member, :Boatel of Directors, Tiburon Peninsula Soccer League, Tiburon, CA 1983-1985 Ross~ CA Treasucer, Parents' Association, The Branson School, 1981-1985 Member, Board of Directrus, Redwood High School Parent Teacher Student association, Marin County 1984-1985 Cent.er 1988-1992 Member, Board of Directois, Marin Child Development Volunt.eer therapist, AIDS Health Project, San Francisco Jacqueline Etemad, M.D. Addendum to resume: In 1999 I closed my clinical practice in order to care for my granddaughter and subsequently my two grandsons. I continued part time teaching on the clinical faculty at UCSF until 2010. I continued as a consultant for the health insurance industry until 2017. My grandmother came to live with us in when she was 93 years old. I was her primary caregiver until her death in 1981 at age 100. I was my husband's primary caregiver during his fmal years until his death in 2018 at age 93. TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Consider Extension of Weekend Main Street Closures through October 2020. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY On June 17, 2020, the Town Council adopted Resolution No. 27-2020 authorizing the Town Manger to close a portion of Main Street during summer weekends through September 8, 2020 to allow downtown restaurants and business to operate in compliance with social distancing requirements. Tonight, Council is considering adoption of a new Resolution extending that authorization to October 31, 2020. RECOMMENDED ACTION(S) 1. Consider approval of the attached Resolution (Exhibit 2) authorizing the Town Manager to close a portion of Main Street on weekends through October 31, 2020. BACKGROUND In May 2020, the Governor of California and the California Department of Public Health (CDPH) initiated a staged reopening of non-essential businesses throughout the state, provided those businesses reopen subject to County guidelines and social distancing requirements. On June 3, 2020, the Council adopted Resolution No. 18-2020 authorizing certain businesses to operate outside. The Resolution requires all businesses operating outside to remain in full compliance with all State and County orders, including social distancing requirements. The Resolution also facilitates the reopening of businesses in a manner that is consistent with social distancing requirements by allowing businesses to submit an application to enter into a temporary encroachment agreement with the Town. The encroachment agreement ensures that the use of outdoor spaces do not impede traffic flow, create fire hazards or interfere with public access. On June 17, 2020, Council adopted Resolution 27-2020 (Exhibit 1), amending Resolution No. 18-2020 to authorize the Town Manager to temporarily close Main Street to vehicular traffic on summer weekends through September 8, 2020 to further enable Main Street businesses to open and operate in compliance with social distancing requirements on the weekends. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 19, 2020 Agenda Item: AI - 2 Town Council Meeting August 19, 2020 TOWN OF TIBURON PAGE 2 OF 2 Tonight, the Council is being asked to consider adopting a new Resolution (Exhibit 2) authorizing the Town Manger to extend the weekend street closure through October 31, 2020. ANALYSIS Subsequent to the approval of Resolution No.08-2020 on June 3, five restaurants applied for and received temporary encroachment permits under the provisions of the program. This allowed these businesses to provide outdoor seating on a combination of adjacent private property as well as on Town owned Right of Way (sidewalks). With the passage of Resolution No. 27-2020 on June 17, these same businesses, plus one additional restaurant, applied for and received permits to provide additional seating for dining in the area of Main Street closed on weekends as part of the Slow Streets Program. Response to the program has been positive, with all correspondence received by the Town as of the writing of this report attached as Exhibit 3. If the Council wishes to approve the proposal, it should adopt the attached resolution (Exhibit 2). This resolution is an amended version of Resolution No. 27-2020 and provides the Town Manager the authority to close the street on the weekends until October 31, 2020. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. 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 Consider approval of the attached Resolution (Exhibit 1) authorizing the Town Manager to close Main Street on weekends through October 31, 2020. Exhibit(s): 1. Town Council Resolution No. 27-2020 (adopted 6/17/2020) 2. Draft Resolution Extending Authority to Close Streets 3. Correspondence Prepared By: Greg Chanis, Town Manager EXHIBIT 1 Page 1 of 9 Town Council Resolution No. 27-2020 06/17/2020 RESOLUTION NO. 27-2020 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REGARDING OUTDOOR ACTIVITIES AND ENCROACHMENTS BY BUSINESSES OPERATING IN COMPLIANCE WITH SOCIAL DISTANCING REQUIREMENTS WHEREAS, California Government Code Section 8630 empowers the Town Council to proclaim the existence or threatened existence of a Local Emergency when the Town is affected or likely to be affected by a public calamity; and, WHEREAS, on March 16, 2020, the Director of Emergency Services declared the existence of a Local Emergency, which Local Emergency has been ratified by the Town Council; and, WHEREAS, the Town Council does hereby find that conditions of extreme peril and a crippling disaster, which severely impairs the safety of persons or property, have arisen within the Town caused by the virus COVID-19 and its rapid transmission as reported by various local, state and national health organizations; and, WHEREAS, the aforesaid conditions of extreme peril warranted and necessitated the proclamation of the existence of a Local Emergency; and WHEREAS, on March 17, 2020, the Marin County Health Official issued a shelter in place order to all non-essential activities, limiting individuals ability to leave their home; and WHEREAS, on March 19, 2020, the Governor of the State of California (“Governor”) issued Executive Order N-33-20, which provides that individuals living in the State of California are required to stay at home except as needed to maintain continuity of operations of the critical infrastructure sectors; and WHEREAS, under authority contained in Sections 8610 and 8634 of the Government Code and Tiburon Municipal Code Section 21-5(a)(6)(a), the Town Council and the Town Manager are empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; and WHEREAS, in mid-May 2020, the Governor of the State of California and the California Department of Public Health published guidance regarding the opening of certain businesses subject to stages established by the State; and WHEREAS, the Town has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and WHEREAS, in order to protect the health and safety of the Town, while fostering economic wellbeing of the Town’s citizens and businesses, the Town wishes to assist both Page 2 of 9 Town Council Resolution No. 27-2020 06/17/2020 essential and non-essential businesses in remaining open, or re-opening when lawfully permitted to do so; and WHEREAS, when non-essential businesses are permitted to re-open pursuant to State and County orders, laws, and/or guidance, the Town will suspend certain permit and license requirements in order to facilitate business operations in a manner that is consistent with social distancing requirements, and protects the health and safety of the citizens of Tiburon; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to issue and implement this Resolution to protect life, property and civil order. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY ORDER AS FOLLOWS: SECTION 1. Outdoor Activities Permitted. To facilitate the reopening of businesses in a manner that is consistent with State and local social distancing requirements, Town of Tiburon laws, regulations and/or policies that would otherwise prohibit businesses from engaging in their business activities outside are hereby suspended. SECTION 2. Eligible Businesses. Only those businesses that require outdoor space in order to effectively run their business while complying with State and local social distancing requirements are eligible to operate pursuant to this Resolution. Nothing in this Resolution shall authorize a particular business to operate outside unless and until that business is authorized to operate pursuant to State and County Orders. All businesses must be in full compliance with all State and County Orders regarding reopening and operation in order to comply with this Resolution. SECTION 3. Temporary COVID-19 Outdoor Activities and Encroachment Agreement. To be eligible to engage in outdoor activities pursuant to this Resolution, businesses shall be required to enter into a Temporary COVID-19 Outdoor Activities and Encroachment Agreement (hereinafter the “Outdoor Activities Agreement”) attached hereto and incorporated herein by reference. The Director of Emergency Services (hereainafter the “Director”) or his designee shall be authorized to enter into an Outdoor Activities Agreement with the applicant and shall be entitled to seek the review of any Town staff regarding any and all site-specific considerations related to the proposed outdoor activities. The Director may choose to enter into an Outdoor Activities Agreement on any terms he deems necessary, including but not limited to modifications to the proposed location of outdoor activities, to ensure ongoing protection of the public health and safety of the Town. The Town shall only enter into an Outdoor Activities Agreement that authorizes activities which are consistent with State and County orders regarding the operation of businesses during the the COVID-19 state of emergency. Page 3 of 9 Town Council Resolution No. 27-2020 06/17/2020 SECTION 4. Encroachment Into Public Right-of-Way. To streamline the issuance of temporary rights of encroachment into the public right-of-way, the Town hereby amends its encroachment permit requirements as follows: 1. The following requirements set forth in Tiburon Municipal Code Chapter 19 regarding encroachment permits shall not apply to businesses seeking to encroach into the public right-of-way for purposes of conducting business in compliance with State and local social distancing requirements: TMC §§ 19-2, 19-3, 19-4, 19-5, 19-7, 19-8, and 19-9. 2. The requirements set forth in Tiburon Municipal Code Chapter 19A regarding use of public right-of-way shall not apply to businesses seeking to encroach into the public right-of-way for purposes of conducting business in compliance with State and local social distancing requirements. 3. Businesses seeking to encroach into the public right-of-way for purposes of conducting business in compliance with State and local social distancing requirements, shall execute an Outdoor Activities Agreement in lieu of obtaining encroachment permits and right-of-way agreements required by TMC Chapters 19 and 19A. SECTION 5. No Interference with Private Property. Nothing in this Order relieves a business from any obligations or laws requiring consent of adjacent property owners for use of private property. Businesses seeking to operate outdoors shall obtain consent of any private property owners whose property will be used for outdoor operations. SECTION 6. Building Permit and Review of Construction Documents Required. Nothing in this Resolution relieves a business from the requirement to obtain a building permit for outdoor activities if a building permit would otherwise be required, nor does this Resolution relieve a business from complying with all provisions of the Building Code, including but not limited to, maximum occupancy requirements. SECTION 7. Closure of Town Streets. The Town Manager is authorized, without further Town Council approval, to grant approvals to close all or portions of Main Street up to three days per week from July 1, 2020, until September 8, 2020, upon a finding as required by California Vehicle Code Section 21101(e) that the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. Inside the street closure area, members of the public shall wear a face covering unless they are dining, in which case they will comply with the County’s face covering order. SECTION 8. County Permits. Nothing in this Resolution relieves a business from the requirement to obtain any and all County permits regarding the provision of food and dining services. SECTION 9. Violations of Resolution. Any violation of this Resolution or any other local, State, or Federal law shall constitute an imminent threat to the public health and is hereby declared to be a public nuisance and shall be subject to enforcement as such; violations of this Resolution may result in the immediate termination of an Outdoor Activities Agreement and the cessation of any activities authorized by said Agreement and this Resolution. Page 4 of 9 Town Council Resolution No. 27-2020 06/17/2020 SECTION 10. Effective Date of Resolution. This Resolution shall become effective on the date signed by the Mayor for the Town of Tiburon and shall expire when repealed or upon a declared termination of the state of emergency regarding COVID-19 by the Tiburon Town Council. This Resolution shall only apply to the extent businesses are authorized to operate pursuant to State and County orders regarding COVID-19. SECTION 11. The Town Clerk shall certify the adoption of this Resolution and shall cause a certified Resolution to be filed in the Office of the Town Clerk. PASSED and ADOPTED this 17th day of June 2020. /s/ ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: /s/ LEA STEFANI, TOWN CLERK Approved as to Form: /s/ Benjamin Stock, Town Attorney Page 5 of 9 Town Council Resolution No. 27-2020 06/17/2020 TEMPORARY COVID-19 OUTDOOR ACTIVITIES AND ENCROACHMENT AGREEMENT 1. Business Identification Business Name (Permittee): Mailing Address: Business Address: Business Phone: Business Email: 2. Type of Business [Check one] Restaurant Retail Other Please Describe 3. Proposed Encroachment [Check one or more if Business Proposes to Use Public Right-of-Way for Outdoor Activities] Outdoor Dining Outdoor Food Sales Outdoor Retail Display Outdoor Retail Sales Other Please Describe 4. Will proposed outdoor activity require the use of private property not owned or leased by Permitee? Yes No If response to above question is yes, has Permitee obtained all required authorizations (including but not limited to written agreements, licenses, and/or leases) to use said private property? Yes No 5. Proposed Activities. Please provide the following information on separate attachment: (1) a description of the Business, (2) proposed outdoor activities, (3) a description of all improvements, structures and/or materials to be used to facilitate outdoor activities, (4) description of area in which proposed outdoor activities will take place along with a drawing, map or other visual depication showing said area, improvements, structures and/or materials to be placed in said area. 6. Requested Start Date of Outdoor Activities: 7. Proposed Duration of Outdoor Activities: 8. Amendments to Proposal by Town and/or Additional Terms of Agreement [To be Completed by Town]: 9. Terms of Agreement: □ □ □ □ □ □ □ □ Page 6 of 9 Town Council Resolution No. 27-2020 06/17/2020 A. Permittee agrees to accept all responsibility for loss or damage to any person or entity and to indemnify, hold harmless, and defend and release the Town of Tiburon, its agents, and employees from and against any and all liability actions, claims, damages, costs, or expenses which may be asserted by any person or entity, including Permittee, arising out of or in connection with the willful act or negligence of Permittee engaging in the activities associated with this Agreement, whether or not there is concurrent negligence on the part of the Town, but excluding liability due to the sole active negligence or sole willful misconduct of the Town. B. The Town reserves the right to order the removal or relocation of the improvements listed in paragraphs 3-6, above, at Permitee’s cost in the event same is required by the Town and/or a Utility. Whether or not said removal or relocation is required shall be left to the unfettered discretion of the Town and/or a Utility. Permitee hereby grants to the Town the right to remove or relocate said improvements and to come upon Permitee’s land to effect said removal or relocation if deemed necessary by the Town and/or a Utility. Permitee waives any claim or right he/she/it may have for inverse condemnation, damages, or loss of income or business resulting from said removal. However, the Town will be responsible for repairing any physical damage caused to Permitee’s structure(s) or property by the Town’s but not a Utility’s removal or relocation of said improvements. Upon removal or relocation of said improvements, all rights of Permitee under this agreement and the permit itself shall terminate. C. Permitee shall comply with all applicable local, State, and Federal laws and regulations at all times during the effective period of this agreement, including but not limited to laws regarding the obstruction of vehicular traffic, the Americans with Disabilities Act and County health laws regarding provision of food services. D. If Permitee’s proposed activities encroach into public right-of-way and/or a public easement, Permitee shall procure and maintain for the duration of this Agreement, and furnish proof of along with this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with this Agreement, as set forth in this section. The cost of such insurance shall be borne by Permitee. Permitee’s whose activities do not encroach into public right-of-way and/or a public easement, shall not be required to obtain said insurance. Minimum Scope of Insurance. Permittee shall obtain and all times during duration of this Outdoor Activities Agreement maintain coverage at least as broad as: (a) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (b) Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance (for Permitees with employees). (c) Property insurance against all risks of loss to any tenant improvements or betterments. Page 7 of 9 Town Council Resolution No. 27-2020 06/17/2020 Permitee shall maintain limits no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (b) Employer’s Liability: $1,000,000 per accident for bodily injury or disease. (c) Property Insurance: Full replacement cost with no coinsurance penalty provision. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Town. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officers, officials, employees and volunteers; or the Permitee shall provide a financial guarantee satisfactory to the Town guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: (a) The Town, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of the premises/property owned by or leased to the Permitee. (b) The Permitee’s insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Permitee’s insurance and shall not contribute with it. (c) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the Town. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII unless prior approval is received from the Town Attorney. E. If Permitee proposes to sell or serve alcohol as a part of its outdoor activities, Permitee shall furnish, along with this Agreement, proof of a liquor liability coverage endorsement or policy. Page 8 of 9 Town Council Resolution No. 27-2020 06/17/2020 F. Violation of Agreement. Any violation of this Agreement or any other local, State, or Federal law shall constitute an imminent threat to the public health and is hereby declared to be a public nuisance and shall be subject to enforcement as such; violations of this Agreement and/or Resolution No. _____may result in the immediate termination of this Agreement and the cessation of any activities authorized by this Agreement and Emergency Order No.____. G. No Vested or Ongoing Rights Conferred. Permittee understands and agrees that this Agreement and Resolution No. _____ confer no vested rights to any ongoing or continued activities, and any and all activities authorized by this Agreement and Resolution are temporary in nature and granted solely to enable businesses to operate in compliance with State and local orders regarding social distancing and COVID-19. All improvements, structures and installments approved pursuant to this Agreement shall be removed in their entirety upon expiration of this Agreement. The Agreement shall expire on the date proposed by permitee in section 7 of this Agreement, or if the City Manager has amended the date in section 7, the Agreement shall expire on the amended date. H. Non-Transferable. This Agreement is non-transferable. Only the permittee with whom this Agreement was entered shall be permitted to engage in the activities authorized herein. I. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations of modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged and duly recorded. THE UNDERSIGNED AGREES THAT THE PROPOSED ACTIVITIES DESCRIBED ABOVE SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THIS AGREEMENT'S TERMS AND CONDITIONS, TOWN OF TIBURON RESOLUTION NO. , AND ALL OTHER APPLICABLE LOCAL, STATE AND FEDERAL LAWS, INCLUDING BUT NOT LIMITED TO STATE AND COUNTY EMERGENCY ORDERS REGARDING THE COVID-19 PANDEMIC. Permitee Date Greg Chanis Date Town Manager Director of Emergency Services Town of Tiburon Page 9 of 9 Town Council Resolution No. 27-2020 06/17/2020 CONSENT TO USE PRIVATE PROPERTY FOR TEMPORARY OUTDOOR ACTIVITIES [This form must be completed if proposed outdoor activity requires the use of private property which is neither owned nor leased by Permitee] I, , declare that: 1.I am the record title owner of the property located at: , Tiburon, California, (Physical Address) 2. I am aware that the Permitee (Business name) is in the process of entering into a Temporary COVID-19 Outdoor Activities and Encroachment Agreement with the Town of Tiburon to use my property, described in paragraph 1, for certain outdoor activities described in the Agreement. 3. I consent and agree to use of my property for the outdoor activities described in the Agreement. Signed this day of , 20 (Landowner Signature) EXHIBIT 2 Page 1 of 4 Town Council Resolution No. XX-2020 DRAFT 08/19/2020 DRAFT RESOLUTION NO. xx-2020 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REGARDING OUTDOOR ACTIVITIES AND ENCROACHMENTS BY BUSINESSES OPERATING IN COMPLIANCE WITH SOCIAL DISTANCING REQUIREMENTS WHEREAS, California Government Code Section 8630 empowers the Town Council to proclaim the existence or threatened existence of a Local Emergency when the Town is affected or likely to be affected by a public calamity; and, WHEREAS, on March 16, 2020, the Director of Emergency Services declared the existence of a Local Emergency, which Local Emergency has been ratified by the Town Council; and, WHEREAS, the Town Council does hereby find that conditions of extreme peril and a crippling disaster, which severely impairs the safety of persons or property, have arisen within the Town caused by the virus COVID-19 and its rapid transmission as reported by various local, state and national health organizations; and, WHEREAS, the aforesaid conditions of extreme peril warranted and necessitated the proclamation of the existence of a Local Emergency; and WHEREAS, on March 17, 2020, the Marin County Health Official issued a shelter in place order to all non-essential activities, limiting individuals ability to leave their home; and WHEREAS, on March 19, 2020, the Governor of the State of California (“Governor”) issued Executive Order N-33-20, which provides that individuals living in the State of California are required to stay at home except as needed to maintain continuity of operations of the critical infrastructure sectors; and WHEREAS, under authority contained in Sections 8610 and 8634 of the Government Code and Tiburon Municipal Code Section 21-5(a)(6)(a), the Town Council and the Town Manager are empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the emergency; and WHEREAS, in mid-May 2020, the Governor of the State of California and the California Department of Public Health published guidance regarding the opening of certain businesses subject to stages established by the State; and WHEREAS, the Town has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and WHEREAS, in order to protect the health and safety of the Town, while fostering economic wellbeing of the Town’s citizens and businesses, the Town wishes to assist both essential and non-essential businesses in remaining open, or re-opening when lawfully permitted to do so; and Page 2 of 4 Town Council Resolution No. XX-2020 DRAFT 08/19/2020 WHEREAS, when non-essential businesses are permitted to re-open pursuant to State and County orders, laws, and/or guidance, the Town will suspend certain permit and license requirements in order to facilitate business operations in a manner that is consistent with social distancing requirements, and protects the health and safety of the citizens of Tiburon; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, on June 17, 2020 the Town enacted Resolution No. 27-2020, finding that it was necessary to issue and implement the Resolution No. 27-2020 to protect life, property and civil order; and WHEREAS, Section 7 of Resolution No. 27-2020provided authority to the Town Manger for street closures on Main Street, in furtherance of the goals of Resolution No. 27-2020, with such authority ending on September 8, 2020; and WHEREAS, the Town Council desires to extend the authority for the Town Manager to continue permitting street closures on Main Street until October 31, 2020. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY ORDER AS FOLLOWS: 1) Section 7 of Resolution No. 27-2020 is hereby extended to authorize the Town Manager, without further Town Council approval, to grant approvals to close all or portions of Main Street up to three days per week from September 9, 2020, until October 31, 2020, upon a finding as required by California Vehicle Code Section 21101(e) that the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. Inside the street closure area, members of the public shall wear a face covering unless they are dining, in which case they will comply with the County’s face covering order. 2) Except as to extending the date for street closures in Section 7, all the previous provisions of Resolution 27-2020 shall remain in full force and effect. 3) This Resolution shall become effective on the date signed by the Mayor for the Town of Tiburon and shall expire when repealed or upon a declared termination of the state of emergency regarding COVID-19 by the Tiburon Town Council. 4) The Town Clerk shall certify the adoption of this Resolution and shall cause a certified Resolution to be filed in the Office of the Town Clerk. PASSED and ADOPTED this 19th day of August 2020. ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: Page 3 of 4 Town Council Resolution No. XX-2020 DRAFT 08/19/2020 LEA STEFANI, TOWN CLERK Approved as to Form: Benjamin Stock, Town Attorney EXHIBIT 3 From:Lisa Lori To:Lea Stefani Subject:Slow streets Date:Monday, August 10, 2020 11:27:12 AM 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 am the owner of the Perfect Provenance. I am writing to give my strong support for the extension of the weekend street closure. The initiative has brought many new clients to Tiburon and greatly enhanced our store traffic and sales. It is also a bright light during the pandemic as it provides a safe way for people to enjoy Tiburon and the restaurants and shops. Both as a resident and shop owner I sincerely hope it continues. Thank you. Sent from my iPhone From:paulino monterroso To:Lea Stefani Subject:Tiburon Task Slow Street Proposal Date:Thursday, August 13, 2020 7:28:37 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. To whom it may concern, I am writing to the Tiburon Town Council in support of the Tiburon Task Force Slow Streetproposal. Salt and Pepper is in full support of the extension to the end of October due to experiencing the importance ofsocial distancing and following Marin Public Health guidelines. Greatly appreciated. Respectfully,Paulino Monterroso August 11, 2020 Tiburon Town Council 1505 Tiburon Blvd Tiburon, CA 94920 Dear All, ZELINSKY PROPERTIES LLC 130 MAIN STREET, TIBURON, CALIFORNIA 94920 TEL 415.435.1053 • FAX 415.435.6514 We hope you and your families are staying well. The purpose of this email is our concern for our retaii tenants on ArK Row. It has been brought to our attention that the slow street is going to be proposed for an additional seven weeks after Labor Day weekend, which will inevitably reduce the foot traffic on Ark Row. We spoke with DeAnn yesterday and are in agreement about the additional slow street weekends as long as it is this year only. The Ark Row merchants have little foot traffic six months of the year and look forward to the spring and summer months for the tourists and uptick in foot traffic. It is not very fair or honest for the few restaurants on lower Main Street to be the only ones to benefit from the street closure. We understand that the circumstances this year are different because of the pandemic and we understand that the restaurants are limited to outdoor seating only, however, most of the restaurants have large outdoor seating space unlike the neighboring towns who have none. We do not support any future street closures except for Friday Nights on Main in the years to come. If the city requires Zelinsky Properties to only have retail on Ark Row, then you have to support what is best for everyone not the select few. Otherwise, Ark Row will be transitioned to offices just like Point Tiburon. It is very important for the whole town to succeed and we are looking to you to help everyone achieve this. Warm Regards, All of us at Zelinsky Properties LATE MAIL 1 From:YEMA . To:Lea Stefani Subject:Support for Slow Street Continuance Date:Friday, August 14, 2020 2:34:39 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. Happy Friday! Thank you for everything you do for our business community! We are the owners of YEMA, on 10 Main Street, and wanted to let you know that we love slow street on Main Street. It really is helping in drawing people to Tiburon. Hopefully, we can continue the slow street on Main for a while longer after labor day. Thank you so much. Stay Blessed, Hawi and Yema 415.488.7770www.yemacalif.com 10 Main Street, Tiburon CA 94920 YEMA has been featured on Harpers Bazaar, ESSENCE, SF Gate, NYLON, Madame Noire, NBC Bay Area, Style Caster Magazine, The Tiburon Ark LATE MAIL 2 From:Crystal To:Lea Stefani Subject:Tiburon Slow Street Date:Sunday, August 16, 2020 3:39:51 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. Dear Town of Tiburon, We want to say how grateful we are to have the opportunity to serve extra diners safely on Main St during Tiburon Slow Street weekends. The community have been supportive and wearing their masks when not seated at tables. It took a couple of weeks for the new dining experience to really take off. That makes sense due to the Covid situation around 4th July, with our Governor requesting people stay home. Plus the weather was cooler, our business really takes off when it gets hot. This weekend has been the hottest and most successful of the year. With the extra seating on Main Street this Friday and Saturday we were able to have an additional 33% of guests. Currently our annual sales are down about 45%. The extra capacity is a positive way to enable us to rectify the imbalance. If we can extend the Slow Street to the end of October we have an even greater opportunity of getting through the long winter. If the dining rules stay the same it will not be possible to seat any guests when the weather turns wet and windy. We are not allowed to enclose outside dining so sadly we can’t ensure a comfortable outside dining environment for guests. Sales from take out only on a monthly basis equate to one weekend of regular sales. So we can’t rely on that to survive either. We really must make the most of what we can during the warmer months to give us stability during the upcoming winter. As business owners we are responsible for 20 employees. They are more than just employees however, they are our extended family who breathe life into our restaurant with our shared passion. We are so grateful to have the extra space on Tiburon Slow Street so all our staff can stay together and continue to work safely together to create a positive experience during pandemic times. We are all hoping at Luna Blu that the Tiburon Slow Street will be extended until the end of October. Thank you to the town for your consideration and continued support. Yours faithfully, Crystal & Renzo Azzarello Luna Blu Restaurant TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Town Council to Review the Proposed Consultant Services Contract, Provide the Town Manager Authority to Enter into a Contract with O’Rourke & Associates to Complete the General Plan Update and Environmental Analysis, and Authorize a Transfer in the Amount of $345,764 from General Fund Reserves to the Tiburon Long Range Planning Restricted Fund Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Town Council to review the proposed contract between the Town of Tiburon and O’Rourke & Associates , authorize the Town Manager to Enter into a Contract with O’Rourke & Associates for consulting services related to the General Plan Update and Environmental Impact Report, and authorize a transfer from the General Fund reserves. RECOMMENDED ACTION(S) 1. Review and provide input on the consultant contract for the General Plan Update and Environmental Analysis, and authorize the Town Manager to execute a contract between the Town of Tiburon and O’Rourke & Associates. 2. Authorize a transfer from General Fund Operating Reserves to the Tiburon Long Range Planning Restricted Reserve Fund in the amount of $345,764. BACKGROUND The Town is required to update the General Plan periodically. On September 18, 2019, the Town Council reviewed a draft Request for Proposals for the General Plan Update (GPU) and directed staff to release the RFP. Due to changes in staff and subsequent closure of Town Hall due to COVID-19, the process has been delayed. On July 8, 2020, staff conducted interviews of two consultant teams. There were three proposals received by the Town, however the third company had to withdraw from the process due to additional commitments that would not permit them to manage the project fully. ANALYSIS The GPU consultant teams were provided an interview opportunity to present their approach as well as respond to a myriad of questions related to their approach to public outreach since this will be especially challenging during the pandemic. Other topics covered in the interviews included a - TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 19, 2020 Agenda Item: AI-3 Town Council Meeting August 19, 2020 TOWN OF TIBURON PAGE 2 OF 2 review of the qualifications of the team, the teams experience working on similar projects and how they would approach the project as a whole. After completion of the interviews, staff conducted further review of the proposals, and engaged in discussions with references included in the proposals. Based on the content of the proposals, interviews and reference checks, staff is recommending O’Rourke & Associates be chosen to complete the GPU for Tiburon. O’Rourke & Associates presented a creative approach to completing the work, including an emphasis on public outreach tailored for current conditions under the COVID-19 emergency. This approach will include phone surveys and Town Hall Zoom workshops. In addition, O’Rourke &Associates has done prior work for the Town on its Climate Action Plan. Staff believes this familiarity with the Town will be beneficial and is confident O’Rourke &Associates will be effective partners in completing this important work. The consultant proposal is attached for review and discussion (Exhibit 1). FINANCIAL IMPACT The total estimated cost for completing the project is $794,019, which includes preparing the GPU as well as the required Environmental Impact Report (EIR) which accompanies the GPU. These costs will likely be spread over at least two fiscal years. A portion of the funding for this project can come from restricted fund reserves, specifically the Tiburon Long Range Planning Restricted Reserve Fund, which at the end of Fiscal Year 2019-20 (prior year) is estimated to have a balance of $400,251. In Fiscal Year 2021 (current year) staff anticipates an additional $48,004 of revenue will be added to the fund, for a total estimate of available funds of $448,255. This would leave a shortfall of $345,764. If Council approves the Consultant Agreement being considered in this item, staff recommends Council also authorize a transfer in this amount from General Fund Operating Reserves to the Tiburon Long Range Planning Restricted Reserve Fund to ensure an adequate source of funds to complete the work. At the close of Fiscal Year 2020 (prior year), staff estimates the General Fund Operating Reserve Account will have a balance of approximately $6.3M. RECOMMENDATION Staff recommends the Town Council: 1. Review and provide input on the consultant contract for the General Plan Update and Environmental Analysis and authorize the Town Manager to execute a contract between the Town of Tiburon and O’Rourke & Associates. 2. Authorize a transfer from General Fund Operating Reserves to the Tiburon Long Range Planning Restricted Reserve Fund in the amount of $345,764. Exhibits: 1. O’Rourke & Associates Proposal to Prepare the Town of Tiburon General Plan Update and Environmental Analysis 2. Consultant Agreement between the Town of Tiburon and O’Rourke & Associates Prepared By: Dina Tasini, Director of Community Development EXHIBIT 1 Proposal to Prepare the Town of Tiburon General Plan Update and Environmental Analysis Submitted: November 25, 2019 Submitted to: Sung H. Kwon, Director of Community Development Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Submitted by: Christine O’Rourke, Principal O’Rourke & Associates 20 Nunes Drive Novato, CA 49445 christine.o@comcast.net In association with O'Rou rke &Associates 8 ~KM De Novo Planning Group ----------••··· O’ROURKE & ASSOCIATES 20 NUNES DRIVE, NOVATO, CA 94945 christine.o@comcast.net (415) 613-2907 November 25, 2019 Sung H. Kwon, Director of Community Development Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 SUBJECT: Proposal to Prepare the Tiburon General Plan Update Dear Mr. Kwon: We believe great general plans happen when a group of dedicated and experienced professionals, in collaboration with staff, are organized into a great team. We also believe the best general plans pay an homage to the history and traditions of a town, are built with the consensus of the stakeholders, and provide a roadmap to a bright and sustainable future. I’m particularly proud of the team we’ve assembled for your General Plan. We have learned how critical community outreach is, not just in seeking many diverse stakeholders and points of view, but in gaining the enthusiastic support of the people the plan is drafted to serve. Bob Brown of Sustainable Community Planning has proven time and time again that he possesses special skills in this critical area. While the update of Tiburon’s General Plan is to be a targeted one, we understand that revitalization of the Downtown and addressing the long-term impacts of sea level rise are of specific concern. John Gibbs and Peter Winch of WRT have deep experience in developing community-based solutions for complex problems such as these and have the planning and design skills to effectively communicate alternatives and guide decision-making. While the entire Bay Area faces challenges in infrastructure and circulation, Tiburon has special challenges in managing school, visitor and commuter transportation. We knew we’d need the background and experience of Colin Burgett of TJKM, who worked on both the update of Tiburon’s Circulation element in 2014 and the transportation section of the Town’s General Plan EIR in 2005, to take on this important element of your Plan. We believe that environmental analysis must be integrated throughout the planning process, and that an environmental consultant should seek sensible and cost-effective solutions that balance local economic, social and environmental goals. Because of Tiburon’s sensitive position on the Bay and the importance the Tiburon community places on preservation of the natural environment, we have partnered with Beth Thompson of De Novo Planning Group. Finally, we are keenly aware of how precious public resources are. Our goal was to be your most competitive bid, but not at the expense of the quality of our performance or of your deliverables. It’s my great honor to lead this remarkable team, and you have my sincere commitment to this project. I hope you will have an opportunity to ask the leaders of the communities I’ve worked for about my work product and my personal style. I look forward to working with you to create a great General Plan Update. Sincerely, Christine O’Rourke, Principal O'Rou rke &Associates TABLE OF CONTENTS TABLE OF CONTENTS ......................................................................................................................................................... 1 Project Overview ............................................................................................................................................................... 1 Work Plan .......................................................................................................................................................................... 4 Task 1: Project Kick-off .................................................................................................................................................. 4 Task 2: Meetings and Project Management .................................................................................................................. 5 Task 3: Current General Plan Evaluation ....................................................................................................................... 5 Task 4: General Plan Guiding Principles ......................................................................................................................... 6 Task 5: Existing Conditions Reports ............................................................................................................................... 6 Task 6: Supporting Studies and Analysis ........................................................................................................................ 8 Task 7: Community Engagement ................................................................................................................................... 9 Task 8: Growth Forecasts and Land Use Alternatives .................................................................................................. 12 Task 9: Preparation of Draft General Plan ................................................................................................................... 13 Task 10: Preparation of Environmental Impact Report ............................................................................................... 16 Task 11: Plan Adoption ................................................................................................................................................ 19 Optional Task A: Intersection Level of Service (LOS) Analysis for Planning Purposes ................................................. 19 Optional Task B: Enhanced Graphics ........................................................................................................................... 19 Management Program..................................................................................................................................................... 20 Cost Proposal ................................................................................................................................................................... 22 Schedule .......................................................................................................................................................................... 24 Attachment A: Subconsultant Qualifications.................................................................................................................. A-1 Attachment B: Subconsultant Recent Projects and References ..................................................................................... B-1 Attachment C: Selected Subconsultant Résumés ........................................................................................................... C-1 O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 1 PROJECT OVERVIEW O’Rourke & Associates is pleased to submit this proposal for a highly customized General Plan Update for the Town of Tiburon. The core project includes a General Plan with the elements required by state law and a comprehensive Environmental Impact Report. Our Approach Our approach to updating the General Plan will be to seek out a wide range of perspectives to understand the issues and challenges facing the Town and to assist the public and decision makers in developing a vision for the future of the City. Our work will be informed by technical studies and background reports developed by subject-matter experts as well as guidance from Town staff and decision makers. We will work collaboratively with the Town’s staff, elected and appointed officials, and community stakeholders to understand local conditions and desires, draft goals and policies for the General Plan, and explore areas where the Town could benefit from change. We will gather extensive feedback from the community throughout the planning process, utilizing community workshops, focus groups, stakeholder interviews, community surveys, and open houses in multiple venues. As the planning process unfolds, we will check in with the Planning Commission and Town Council at critical points to ensure our emerging plan benefits from their deep understanding of the community and tracks their overall objectives and goals for the plan and the Town. Concurrently, we will work with state, regional and local agencies to make sure all available information is incorporated in the plan and consultations are completed as required by state law. As we develop policies and programs with the Town, we will proactively work with the environmental consultant to address all issues of concern, thereby anticipating and streamlining the environmental review process of the General Plan. The final plan will be an attractive, well-written and organized, and graphic- heavy document that meets all state requirements and is a vital resource for the Town’s staff, decision makers, and community members. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 2 The General Plan Update Team O’Rourke & Associates has assembled an exceptional team of planning professionals to prepare the General Plan and EIR. Our team has extensive experience completing long-range plans and EIRs within the Bay Area region that reflect the unique identity and vision of the community and embody creative yet practical pathways to achieving that vision. Many of the consultants have worked together on previous plans, so we know this is a highly productive and sharp group of people. The General Plan Update Team consists of the following lead consultants: Christine O’Rourke, Principal of O’Rourke & Associates, will be your Prime Consultant, Project Manager, and document writer. Christine has been a planning consultant for 17 years, specializing in the development of plans that build livable, sustainable communities. She is known for her ability to manage complex planning challenges and for consistently delivering quality projects on-time and within budget. Her crisp writing style and critical eye ensure a well-constructed, concise, and attractive general plan that not only meets State requirements but is approachable and even enjoyable to read. Her most recent General Plan updates in the Bay Area include the Novato General Plan 2035 and the Yountville General Plan. She has also developed numerous Housing Elements for Bay Area communities, including the Town of Tiburon (2014). Christine developed the Town of Tiburon’s Climate Action Plan (2011) and is currently working on the Climate Action Plan update through her work with the Marin Climate & Energy Partnership. Bob Brown, principal of Sustainable Community Planning, will lead public outreach efforts and the development of land use alternatives. Bob has been a planning manager and director for 33 years in some of the most progressive cities in the Bay Area, including Palo Alto, Berkeley and San Mateo. As Community Development Director for the cities of San Rafael, San Mateo, and, most recently, Novato, he directed the development of three general plans. Bob has an extraordinary ability to simplify complex planning concepts and issues. He creates thought-provoking, interactive community meetings where every voice is heard and valued. John Gibbs, Principal of WRT, and Peter Winch, Associate Planner of WRT, will lead the development of design and policy alternatives for the Downtown and the Town’s response to sea level rise. They collectively have many years of experience developing general plans, specific plans and urban design studies that are rooted in sound environmental planning and design excellence. Locally, WRT has contributed to the development of the Mill Valley and Yountville General Plan Updates, the Bothin Marsh Adaptation Project in Marin County, the SFSU Romberg Tiburon Center Vision Plan, and the Miller Avenue Streetscape Plan in Mill Valley, among others. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 3 Beth Thompson, principal of De Novo Planning Group, will lead the environmental review process. Beth has over 22 years of professional planning experience and has worked on numerous General Plan EIRs in the Bay Area. She has a proven track record of successfully completing complex and legally defensible environmental and planning documents. What’s more, she’s incredibly pleasant and professional, and always gets right back to you with a comprehensive answer. As part of the planning process, Beth will review each set of goals, policies, and implementation measures prepared by the Town and the General Plan team to provide input on consistency with General Plan requirements and methods to address CEQA concerns before the EIR is drafted. Colin Burgett, a sustainable transportation planner for TJKM, will lead the mobility and circulation portions of the General Plan update. Colin specializes in projects that place a strong emphasis on facilitating the interactions between transportation systems, land use patterns and urban design components. He has conducted complete streets and multi-modal planning efforts for various cities including recent General Plan updates in Pittsburgh, East Palo Alto, Menlo Park, and Seaside; bicycle and pedestrian planning for Belmont and other cities; and community planning efforts in Atherton, Brisbane, Palo Alto, Redwood Town and San Bruno. O’Rourke & Associates is willing to utilize the Town’s standard Professional Service Agreement for the project proposed herein, and all subconsultants have agreed to similar contract provisions in their agreements with O’Rourke & Associates. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 4 WORK P LAN Our team has thoroughly reviewed the Town’s Request for Proposals and has prepared the following detailed work plan in response. Our project approach includes these core and optional components: Core Components • Task 1: Project Kick-off • Task 2: Meetings and Project Management • Task 3: Current General Plan Evaluation • Task 4: General Plan Guiding Principles • Task 5: Existing Conditions Report • Task 6: Supporting Studies • Task 7: Public Participation and Engagement • Task 8: Growth Forecasts and Land Use Alternatives • Task 9: Preparation of Draft General Plan • Task 10: Preparation of Environmental Impact Report • Task 11: Plan Adoption All documents will be produced in Word and/or PDF formats unless otherwise identified in the task description. TASK 1: PROJECT KICK-OFF As a critical first step, our team and Town staff will meet to identify key participants and roles and refine project objectives, timeline and details. 1.1 Kick-off Meeting O’Rourke and all subconsultants will attend a kick-off meeting with Town staff to start the project, meet key staff and department heads, and finalize the work plan and schedule. The meeting will address data needs and resources, points of contact at the Town and other agencies, major issues, ongoing projects or programs that could significantly affect the GP update, and team collaboration over the course of the project. Consultants will attend a staff-guided tour of existing Town facilities, neighborhoods and planning areas to identify opportunities, challenges and issues the General Plan should address. 1.2 Background Information Review This task includes the General Plan team’s initial review of project-related documents, including the current General Plan, Bicycle Pedestrian Master Plan (2016), Climate Action Plan (2011 and draft update), Open Space Resource Management Plan (2010), Marin County Multi-Jurisdiction Local Hazard Mitigation Plan (2018), Downtown Circulation and Parking Analysis (2012), Tiburon Peninsula Recreation Needs Assessment (2011), Intensive Survey of Downtown Historic Resources (2001), Marin Shoreline Sea Level Rise Vulnerability Assessment (2017), and Richardson Bay Special Area Plan (1984), General Plan EIR, other recent EIRs, and other plans, documents and programs that will inform our work. Optional Components • Task A: Intersection Level of Service (LOS) Analysis for Planning Purposes • Task B: Enhanced Graphics O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 5 1.3 Base Maps (GIS and Illustrator) WRT will create base maps in GIS and Illustrator at the citywide and downtown scales. These will serve as the foundation for analytic maps and Plan diagrams. Deliverables: Base maps (GIS and Illustrator, two scales) TASK 2: MEETINGS AND PROJECT MANAGEMENT The consultant team and Town staff will work closely to ensure that a high-quality General Plan update is completed within the time and budget allowed. 2.1 Meetings O’Rourke will attend staff-level meetings throughout the General Plan Update process. Meetings will be held every two weeks. Our assumption for this task is that the majority of non-public project team meetings can be conducted via conference call, with initial meetings and workshop planning meetings conducted in person. Team consultants will attend in-person staff meetings, community workshops, study sessions, and hearings when their participation is needed. 2.2 Project Management O’Rourke & Associates principal, Christine O’Rourke, will be the dedicated project manager for the entire project. The Project Manager will meet every two weeks with key Town staff (as described in Task 2.1), and as needed with all other department liaisons, to discuss ongoing and future work. These meetings will be used to review progress and deadlines, track work tasks and products, resolve issues, and identify next steps. The Project Manager will prepare a status report and project schedule in advance of each meeting. This approach ensures open lines of communication, transparency in our work effort, and accountability. The entire team is committed to completing this project on schedule and within budget and will take all appropriate steps to ensure that the project is managed effectively. As the prime consultant, O’Rourke will handle contracts and billing with the subconsultants and will ensure quality deliverables are provided by each subconsultant. TASK 3: CURRENT GENERAL PLAN EVALUATION The General Plan update will build on the successes of the current General Plan. O’Rourke and SCP will work with staff to evaluate the existing General Plan goals, policies and programs. We will produce matrices for each General Plan element to identify policies and programs that should be retained, modified to reflect changing conditions or regulations, or deleted because they have been accomplished or are no longer relevant. We will meet with Department heads and key staff as needed to facilitate completion of the evaluation matrices. This task includes a review of the existing plan to identify conformance with State law and areas that need to be addressed. The Housing element matrix will review the accomplishments of the current Housing element and will consolidate information from annual housing element progress reports, adopted ordinances, planning and building department databases, Marin County agencies, and other sources. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 6 TASK 4: GENERAL PLAN GUIDING PRINCIPLES This task involves preparation of Guiding Principles for the General Plan. O’Rourke and SCP will work with Town staff to develop Guiding Principles which will be presented to the community, the Planning Commission, and the Town Council during the public engagement phase of the update process and refined and confirmed as necessary. TASK 5: E XISTING CONDITIONS REPORTS To prepare a meaningful General Plan, existing conditions and regulations must be well-understood and clearly documented. The Existing Conditions Reports will serve as a valuable resource for the Town Council, Planning Commission, Town staff, the community, and the General Plan team to refer to as the General Plan topics are considered, goals and policies are developed, and the Environmental Impact Report is prepared. We have found that preparing comprehensive documentation of existing conditions early-on in the process provides the entire team clarity on issues facing the Town and fosters a deeper level of understanding of key topics that must be addressed from multiple angles throughout the project. The Existing Conditions Report also forms the basis for the EIR analysis. De Novo will lead the preparation of the Existing Conditions Report, and Project Manager Christine O’Rourke will provide close coordination and supervision. 5.1 Preparation of the Existing Conditions Report While there will be a significant amount of narrative discussion included in the Existing Conditions Report, De Novo will also make extensive use of maps, graphics, and user-friendly non-technical terms to help make it accessible to the general public. Changes in State law, such as SB 1000 (disadvantaged communities/ environmental justice), AB 32, SB 375, SB 197, SB 32, SB 379, EO B-S-3-05 (climate change adaptation), AB 1358 (Complete Streets Act), SB 743 (CEQA/VMT), SB 5 and AB 162 (flood risks), and SB 18 and AB 52 (Native American consultation and resources), that affect the General Plan will be highlighted in the appropriate sections of the report. Each report will describe current conditions and the regulatory framework, including relevant federal, state, regional, and local regulations and plans associated with the topics. While the final format and content will be developed in collaboration with the General Plan team and Town staff, the De Novo team expects the reports to consider the following topics. LAND USE & SOCIOECONOMICS This section will address existing land uses; current land use designations; zoning; vacant and underutilized parcels; boundaries; sphere of influence area; planning area; recent development trends and applications; relevant land use plans and policies, including any relevant growth management measures; adjacent land uses; and land use constraints. Identify focus areas, including the downtown and waterfront, and summarize primary land uses and planning documents that specifically address the focus area. Demographic and socioeconomic trends will be documented, including population and household growth, household income, and jobs by industry. While no disadvantaged communities are in Tiburon, based on the CalEnviroScreen 3.0 and California Air Resources Board Priority Population Investment Areas map, environmental justice will be addressed focusing on factors that affect the level of civic engagement of various subpopulations. CONSERVATION This section will address cultural resources, including historic places and structures (including resources documented in the 2001 Intensive Survey of Downtown Historic Resources), archaeological resources, and tribal cultural resources; biological resources and habitat; air quality; geology, soils, and seismicity; mineral and energy O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 7 resources; hydrology (including Richardson Bay and San Francisco Bay, surface waters, and groundwater) and water quality; designated forests and timber protection zones, and aesthetics and visual resources including scenic vistas. As part of this effort, initial tribal consultation will be conducted. CLIMATE CHANGE AND ENERGY This section will include a climate change vulnerability assessment, using the Cal-Adapt web-based tool and other resources. This section will identify primary greenhouse gas (GHG) emissions sources and describe potential impacts associated with climate change, including sea level rise, extreme heat, changes in precipitation and drought, increased risk of wildfire and flooding, and other impacts. This section will include relevant, available information from recent efforts, including the Town’s Climate Action Plan and the County’s Sea Level Rise Climate Vulnerability Assessment. This section will also energy, including electricity and natural gas, and will include data, where available, relating to energy consumption, energy conservation and efficiency, renewable fuel sources, and clean power acquisition. HAZARDS, SAFETY, AND NOISE This section will address natural and man-made hazards and public safety issues, including emergency response and evacuation routes including capacity, safety, and viability of routes based on available data; seismic and geologic risks; fire risks; hazardous materials; aircraft hazards; noise and vibration including noise monitoring survey (traffic noise, railroad noise, aircraft noise, stationary source, and community noise) results and noise exposure contours; and ground vibration thresholds and existing vibration environment. CIRCULATION TJKM will provide an assessment of multi-modal access and connectivity in Tiburon, including a review of existing Circulation Element policies and planned improvements (most recently updated in 2014 and 2016), as well as that of the Tiburon Bicycle & Pedestrian Master Plan (adopted in 2016), and an overview of existing travel patterns and key needs. The mobility and access assessment will include the following subsections: • Existing Transportation Network & Travel Patterns. TJKM will describe existing levels of multi-modal access and connectivity, incorporating information obtained during data collection, review of background information, and initial public input. This will include maps of existing street network classifications, bicycle routes, transit routes and key stops including the ferry terminal, and identified gaps in the pedestrian circulation network (such as discontinuous sidewalks and/or barriers to pedestrian circulation). This section will also describe existing travel mode splits, origin/destination patterns and recent trends based on available data. Existing travel patterns will be documented, including travel volumes and transit ridership on key corridors. The existing frequency of transit service will be described. Key access needs relevant to the town’s land use land use patterns will be summarized, including concerns relevant to school traffic, parking, and barriers to multi-modal circulation and access. The provision and/or key locations of bike share pods, car sharing facilities, electric charging stations and related elements of new mobility will be described where relevant. • Updated Travel Counts for Baseline Conditions: TJKM will update the baseline travel data collected for the 2014 Circulation Element. o Traffic volume and turning movement counts (motor vehicle, bicycle, and pedestrian) will be conducted at up to ten (10) intersections. Counts will be conducted on one day during the standard AM peak (7-9 AM), with extended hours of data collection for the PM peak (2-6 PM) at those locations near schools on Tiburon Boulevard. o 24-hour ADT counts will be conducted at up to four (4) priority locations. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 8 • Existing VMT Per Capita: TJKM will provide an estimate of existing vehicle miles traveled (VMT) per capita generated by Tiburon’s residential and employment population, incorporating regional model data. The estimate of VMT per capita will inform the development of VMT policies and performance measures to be adopted as part of the General Plan update. • Planned Transportation Network. TJKM will summarize planned mobility improvements including those described in the Circulation Element, Bicycle & Pedestrian Master Plan, Downtown Specific Plan, recent studies, and applicable regional transportation plans. • Transportation Policy Review. TJKM will summarize the Town’s Circulation Element policies, which were updated to include complete streets components in 2014. TJKM will summarize the existing street classifications and street design standards and provide recommendations to update and enhance the town’s street policies and standards as part of the general plan update. • Mobility Opportunities. Key opportunities for enhancing multi-modal mobility as part of the General Plan update will be identified based on the existing conditions review, planned & potential improvements, land use needs, and initial public input. TJKM will provide recommendations and summarize key opportunities for updating the Circulation Element to meet local mobility goals and achieve consistency with Complete Streets requirements. COMMUNITY SERVICES AND UTILITIES This section will address utility services (capacity and condition, water supply and sources, planned infrastructure additions or changes, status of plans, federal, state and local regulations); public safety services (fire and law enforcement, known provision constraints); and community facilities (town-owned buildings, school district, library facilities). TASK 6: SUPPORTING STUDIES AND ANALYSIS 6.1 Downtown Analysis and Development Studies WRT will conduct a community design analysis of downtown Tiburon for presentation to community members, Commission and Council in an accessible way. Analysis will include photo documentation and diagrams, and development studies on up to 2 sites. These studies will demonstrate infill opportunities, building typologies and sustainable site treatments. Products may include hand sketches, 3D massing, and images from relevant precedents. The budget assumes one round of revisions based on comments from Staff. Deliverable: Downtown analysis presentation 6.2 Adaptation Analysis WRT will conduct a high-level overview of potential climate change related impacts; relevant sea level rise models as they pertain to Tiburon; and potential adaptation strategies to support a resilient Tiburon. The analysis will support informed community dialogue about choices. Deliverable: Adaptation analysis presentation 6.3 Housing Analysis O’Rourke will conduct an analysis of housing conditions and needs, adequate sites, and potential constraints to housing development. This task includes a comprehensive update of the background section of the current O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 9 Housing element (sections II, II and IV) that we envision will be included as an appendix to the updated General Plan. 6.4 VMT Options & Performance Measures TJKM will provide recommendations for updating the Circulation Element policies and performance measures to conform to State legislation concerning vehicle miles traveled (VMT). SB 743 requires the use of VMT as a performance metric and basis for transportation impacts under CEQA by July 2020, replacing intersection level of service (LOS). TJKM is very familiar with the emerging and evolving requirements of SB 743 and recently assisted several cities with incorporating VMT components into General Plan updates. The shift from LOS to VMT as a performance metric is intrinsically intertwined with regional policies, including the establishment of significance thresholds and baselines. As noted above, the existing conditions report will include an estimate of existing VMT per capita relevant to Tiburon’s residential and employment population. TJKM will provide a summary of VMT policy, performance measure and impact threshold options – relevant to review of future development in Tiburon - that address the requirements of SB 743. In addition, TJKM will provide recommendations concerning multi-modal impact thresholds (i.e., impacts to bicycle, pedestrian or transit circulation) relevant to CEQA analyses. Deliverable: VMT Policy & Performance Standard Recommendations (Tech Memo) TASK 7: COMMUNITY ENGAGEMENT A collaborative and inclusive community engagement process will result in an in-depth understanding of community issues, priorities and concerns, producing a feasible plan with community and stakeholder support. 7.1 Community Engagement Plan and Database O’Rourke and SCP will prepare a Community Engagement Plan with input from Town staff to define outreach objectives, measures of success, key steps of the process, proposed outreach activities, timing, venues, and identification of stakeholder groups and contacts. SCP will build a contact database for the project composed of interested parties identified during the General plan update process. This will include advocacy groups, service organizations, neighborhood associations, business groups and others. The project website will have automated features where participants can add their names to the contact list. 7.2 Logo and Branding Providing clear and consistent communications is essential to engage community members in the General Plan update process. WRT will prepare unique and attractive branding materials for the project, including a logo, color palette, and template layouts and fonts. Branding elements will reflect Tiburon’s character while imparting a sense of the purpose of the general plan update process. All public materials will use the branding identity. Deliverables: Logos in standard image file formats. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 10 7.3 Project Website Active use of the internet allows community members to participate with the planning efforts at times that are convenient to them. The website will serve as a central place for project information and announcements, including a description of the General Plan update process and timeline; meeting notices, agendas and notes; background data, reports, and plans; presentations and graphic material; online surveys; and draft documents. The proposal assumes that the Town will continue to host a webpage dedicated to the General Plan update. O’Rourke will provide content for the website for the duration of the project. If requested, O’Rourke will design, build and maintain a dedicated General Plan website that can be linked to the Town’s website. Deliverable: Content to be posted on the Town’s website 7.4 Stakeholder Interviews Interviews with influential stakeholders will help provide an initial understanding of key issues and expectations for the General Plan update. SCP and O’Rourke will conduct up to 12 stakeholder interviews. Stakeholders will be identified by Town staff at the beginning of the project and may include Town Council members, the Chamber of Commerce, major downtown property owners, non-profit organizations, service organizations, business owners, or other community leaders. Deliverable: Report summarizing stakeholder comments 7.5 Focus Groups Smaller group meetings are designed to engage specific stakeholders and focus groups at a deep level on distinct topics or issues. These meetings will be used to gather input, discuss trade-offs, and vet the vision for the community. Groups representing downtown businesses and environmental and social interests could be targeted for focus group meetings as identified by Town staff. SCP and O’Rourke will conduct up to 3 focus group meetings. Deliverable: Report summarizing focus group comments 7.6 Web-Based Surveys We will utilize the project website to gather community input through on-line surveys. Surveys can be used to gather feedback on a particular topic, brainstorm ideas, and refine and prioritize alternatives. O’Rourke will generate topic ideas, provide background information for each topic, design the survey, and analyze and report feedback data according to specified geographic and demographic criteria. Deliverables: Content for 4 on-line surveys Reports summarizing public feedback 7.7 Mailers The best way to make contact with every Tiburon household regarding the General Plan update is to provide mailed flyers. The first mailer would be an advertisement of all upcoming General Plan workshops and a description of the purpose of the General Plan update. The second flyer would be an attractive fold-out summarizing the Draft General Plan, including major issues and proposed policy direction. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 11 Deliverables: Mailers (electronic) 7.8 Community Workshops Large community gatherings provide an opportunity for lively and interactive engagement. SCP, O’Rourke, WRT and TJKM will organize up to 6 public workshops. These are expected to be evening or weekend meetings lasting approximately 3 hours. Each workshop will include succinct presentations and allow for discussion and brainstorming through hands-on activities such as small breakout sessions, visual preference activities, mapping exercises, and surveys. The proposed focus of each workshop is as follows: Workshop #1: Open Space/Conservation, Parks and Recreation, Safety. This workshop will include a focus on fire safety best practices. Workshop #2: Downtown. At this workshop we will set up a series of stations to discuss one-on-one key findings and policy choices in areas such as economic development, mobility/parking, infrastructure and sea level rise, urban design, and other appropriate topics. The focus will be on understanding and addressing economic opportunities and downtown vitality. We will organize the workshop with technical assistance and participation by key Town staff. Workshop #3: Sea Level Rise. At this workshop we will identify areas of potential inundation under various future scenarios and best practices for engineering and biological solutions being utilized by other communities that could address Tiburon’s local impacts. Interchange on this new topic will be encouraged, and public priorities and solutions will be solicited. Workshop #4: Housing and Land Use. At this workshop we will review requirements of state law, local demographics related to housing, and past RHNA performance. The audience will be asked to brainstorm ways to respond to upcoming RHNA requirements, including identification of potential housing sites. Growth projections will be shared and other potential General Plan land use changes, as identified by staff, will be discussed and feedback sought. Workshop #5: Mobility and Noise. At this workshop we will summarize past transportation issues and improvements and current traffic counts. Gaps in the non-motorized circulation network and likely improvements will be identified, based on the Town’s adopted 2016 Bicycle and Pedestrian Master Plan. Feedback will be solicited from attendees on desired transportation improvements. Workshop #6: Presentation of the Draft General Plan. This workshop will occur during a Planning Commission meeting to summarize the major initiatives and direction of the new General Plan and collect feedback from the community and the Planning Commission. In order to maximize attendance, we will arrange for food and beverages to be provided at each workshop. Deliverables: PowerPoint presentations, display materials and interactive materials for six community workshops (electronic and print) 7.9 Open Houses Open Houses to introduce the Draft General Plan to the community is a convenient way of meeting with the public in an informal, personalized setting and will be used to maximize individual engagement opportunities. To be most O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 12 accommodating to residents’ schedules two evening and one weekend Open House will be held, each offering a 3- hour drop-in window to engage with the consultants and Town staff at topical tables. The consultants will work with Town staff to try to secure access to a closed storefront in the downtown, or will find another public venue for the three Open Houses. Deliverables: Display materials (electronic and print) and room setup for open houses Reports summarizing public feedback 7.10 Planning Commission Meetings Planning Commission meetings will guide the evaluation of policies and development scenarios. Five meetings will be facilitated with the Planning Commission to provide feedback after each workshop identified in Task 7.8 to receive feedback on key issues and policy direction. O’Rourke and SCP will provide PowerPoint presentations. Deliverables: PowerPoint presentation and meeting materials for Planning Commission Meetings 7.11 Town Council Meetings Town Council meetings will provide important insights into policy direction and priorities. Four meetings will be facilitated with the Town Council to ensure that the planning process is on the right trajectory. These will confirm key policies and land use alternatives explored with the community and Planning Commission and review the Draft General Plan. O’Rourke and SCP will provide PowerPoint presentations. Deliverables: PowerPoint presentation and meeting materials for Town Council Meetings TASK 8: GROWTH FORECASTS AND LAND USE A LTERNATIVES O’Rourke, SCP, TJKM and De Novo will meet with Town staff to identify key community issues to explore, identify housing opportunity sites, and prepare preliminary land use, circulation and policy alternatives for review by the community, Planning Commission and Town Council through the community engagement process. 8.1 Identify Opportunity Sites/Areas Building off the information in the Existing Conditions Report and technical studies, the team will work with Town staff to prepare a map of areas where there is development potential in the future, including vacant and underutilized parcels. These opportunity areas will form the basis of the land use alternatives and housing opportunity sites. For areas where no land use change or development is anticipated, the team will focus on policies that improve the character, functionality, and quality of life. 8.2 Develop Land Use Alternatives The team will prepare land use, transportation and policy alternatives to address key issues identified during the process. These may include: • Potential land use changes, • Changes to the transportation network, including all modes, • Approaches to addressing climate change and sea level rise, • Economic development strategies, and O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 13 • Other major topics identified during the process. 8.3 General Plan Build-Out Projections and Alternatives De Novo will work with the General Plan team to identify demographic and land use assumptions (density and intensity, population per single family and multifamily dwelling, and jobs per type of employment-generating use) for each General Plan land use designation and will project growth under the General Plan for buildout conditions. De Novo anticipates preparing growth projections for up to two land use alternative scenarios as well as a preferred land use map. As part of this effort, TJKM will prepare a qualitative assessment of up to three land use and transportation scenarios to identify key transportation factors affected by each alternative. 8.4 Receive Direction on Land Use Alternatives Results of the alternatives analysis will be shared with Town staff, the Planning Commission, and the Town Council with land use and design direction for each opportunity area summarized and growth projections provided. Feedback will be solicited, resulting in Town Council direction on a preferred Land Use, Transportation and Policy Alternatives. TASK 9: PREPARATION OF DRAFT GENERAL PLAN The preparation of a draft General Plan will start from the onset of the project, beginning with a review and update of the existing conditions reports, and paced to incorporate findings from community outreach, public meetings, and staff work products. One of the primary objectives of the general plan is to create a concise, readable and attractive document. The elements will be annotated with photographs, illustrations and maps to provide a more dynamic and informative document. More technical data will be included in the appendices. The General Plan will contain the following elements which are mandated by State law: LAND USE The Land Use element will designate the type, intensity and general distribution of uses of land for housing, education, public buildings and grounds, waste disposal facilities, and other categories of public and private uses. The element will incorporate the Town’s adopted specific plans and area plans. The Land Use element will discuss demographic and development trends, identify forecasted population and employment growth, and quantify additional residential and development projections based on the theoretical build-out of the Town. DOWNTOWN The Downtown element will include narrative, photos, and graphics, as well as targeted policies, to achieve the community’s goals for downtown revitalization. CIRCULATION The Circulation element will identify the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities. TJKM will provide a focused update to the Circulation element, building upon the recent Circulation Elements of 2014 and 2016, incorporating the Tiburon Bicycle & Pedestrian Master Plan (adopted in 2016), and augmenting the element to include: • Vehicle Miles Traveled (VMT) Goals, Policies and Performance Measures. The updated policies will be consistent with the Complete Streets Act, and consistent with SB 743 which shifts the focus to vehicle miles travelled (VMT) for CEQA analysis purposes. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 14 • Multi-modal Improvement Priorities & Updated Capital Improvement Program (CIP) for Long-term Improvements. The General Plan update provides an opportunity to identify priority zones/corridors to identify targeted improvements, also relevant to the city’s transportation impact fee program. • Changing Technology. This could include planning for public charging stations for electric vehicles, planning for vehicle-to-infrastructure and infrastructure-to-vehicle communications, planning for “smart” parking systems and other “smart city” systems, and planning for the infrastructure needs of partially or fully autonomous vehicles. • Updates to conceptual cost estimates for improvements. TJKM will update the conceptual cost estimates for project and/or programs identified in the Circulation Element, relevant to the Town’s Traffic Mitigation Fee Program. HOUSING The Housing element assesses current and projected housing needs for all economic segments of the community and contains policies and programs to provide adequate sites for the development of housing affordable to all income groups. The Housing element will be comprehensively updated to comply with Housing element law, including a review of the existing land use inventory and identification of additional housing sites, as needed, to accommodate the Town’s Regional Housing Need Allocation for the 2023-2030 planning period. CONSERVATION The Conservation element will address the conservation, development, and use of natural resources, including water, forests, soils, and rivers. OPEN SPACE The Open Space element will detail policies for the long-range preservation and conservation of open-space lands, including open space for the preservation of natural resources, the managed production of resources, agriculture, outdoor recreation, and public health and safety. NOISE The Noise element will identify and appraise noise problems within the community and future noise levels. The element will establish standards for compatible land uses policies to address exposure to noise sources. SAFETY The Safety element will identify seismic, geologic, flood and wildfire hazards and establish policies and programs to protect the community from safety risks. This section will include a description of evacuation routes and an evaluation of their capacity, safety and viability under a range of emergency scenarios. The element will specifically address fire safety, vegetation management, and wildfire hazard reduction. ENVIRONMENTAL JUSTICE State legislation adopted in 2016 (SB 100) requires cities that have disadvantaged communities to incorporate environmental justice policies into their plans, either in a separate Environmental Justice element or by integrating goals, policies, and objectives throughout the plan. Tiburon does not contain a disadvantaged community (a census tracs that scores in the top 25 percentile in CalEPA’s CalEnviroScreen 3.0) or a low-income community as defined under AB 1550. As a result, the General Plan is not required to contain objectives and policies to reduce pollution exposure, improve air quality, promote public facilities, improve food access, advance access to housing, and increase physical activity in the identified disadvantaged communities. Nonetheless, the General Plan will contain policies and programs to address social equity issues in Tiburon. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 15 9.1 General Plan Outline O’Rourke will prepare and outline of the General Plan with suggestions for the likely element organization. O’Rourke will present the draft outline to Town staff for review and discussion. Revisions to the outline will be made based on Town staff feedback. Deliverable: General Plan Outline 9.2 Draft Goals, Policies and Programs O’Rourke, SCP, WRT, and TJKM will draft goals, policies and programs as we move through the planning process. The consultant team will use feedback received from the public engagement process, and the evaluation of the existing General Plan policies and programs completed in Task 3, to draft goals, policies and programs. Draft policies and programs will address new state laws and emerging issues. Policies will be written clearly and broadly enough to provide effective direction to staff and decision makers, and programs will be selected that can realistically be achieved through the life of the general plan given fiscal and resource constraints. De Novo will review draft policies and programs to proactively identify additional policies and action items necessary to mitigate environmental impacts that will be addressed in the EIR. Draft goals, policies and programs will be reviewed with staff and then with the Planning Commission and Town Council. 9.3 Coordinate with Outside Agencies Given our experience in preparing General Plans, we understand the strong need for early and on-going coordination with regional and state agencies. O’Rourke will consult with all relevant resource and regulatory agencies and Native American tribes during the preparation of the Draft General Plan. 9.4 Draft Text and Prepare Maps and Graphics O’Rourke will prepare a complete preliminary draft General Plan for review by Town staff. We will write in simple, clear, and engaging language that is geared for a broad audience. While the Plan will contain all information required by state law, background and technical information will be included as appendices. TJKM will contribute to the development of the Circulation element and WRT will contribute to the Downtown element and text and policies related to sea level rise. WRT will lead the design of the General Plan document. WRT will create maps to accompany each element, including those required by state law, at an appropriate scale and level of detail for both printed documents and online viewing. WRT will provide figures based on previous studies and create graphic tables and charts. Deliverable: Administrative Draft General Plan (electronic) 9.5 Receive Direction on Draft General Plan O’Rourke and the consultant team will revise the draft plan based on staff comments and prepare a draft General Plan for review by the Planning Commission and Town Council. With consultation from staff, O’Rourke will revise the draft plan in response to these comments and prepare a final draft General Plan. The draft will include an Implementation Plan that identifies the lead department, the timeframe, funding sources, and actions to be taken for each General Plan program. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 16 9.6 Publish Draft General Plan O’Rourke will publish the draft general prior to the sixth community workshop. WRT will create a layout, type hierarchy, and design elements and produce the document in InDesign. The document will be graphic-heavy, with photographs, illustrations, maps, and graphic elements. Deliverable: Draft General Plan (electronic) 9.7 Prepare Final Draft General Plan Following public review by community and the Town Council, O’Rourke will work with staff and WRT to finalize the document and prepare it for adoption. Deliverable: Final General Plan (electronic) and all GIS, InDesign, and other files packaged for Town use TASK 10: PREPARATION OF ENVIRONMENTAL IMPACT REPORT The work plan described below will result in the preparation of a comprehensive and legally defensible Program- level EIR. De Novo will lead the preparation of the EIR, and Project Manager Christine O’Rourke will provide close coordination and supervision. The EIR will be prepared consistent with the requirements of CEQA, the CEQA Guidelines, and relevant case law. The EIR will be a readable, useful document that can be used to streamline review of future planning, infrastructure, and development projects that are consistent with the General Plan. A Program-level EIR is an informational document intended to inform public-decision-makers, responsible or interested agencies, and the general public of the potential environmental effects of a project, and where applicable, include mitigation measures that can be implemented to reduce or avoid the potential adverse environmental effects. While CEQA requires that major consideration be given to avoiding adverse environmental effects, the Town and other responsible public agencies must balance adverse environmental effects against other public objectives, including the economic and social benefits of a proposed project, in determining whether a proposed project should be approved. The Program-level EIR prepared will be prepared to serve as a long-term “first tier” EIR for the Town. The analysis will be thorough and comprehensive and will address the full range of impacts associated with development under the General Plan through its horizon year as well as cumulative buildout conditions. This EIR will be very useful during the CEQA review of future development and infrastructure projects that are consistent with the General Plan and will assist in streamlining the subsequent CEQA review of future projects. We will ensure that the EIR clearly describes how the EIR can be used to streamline the review of subsequent projects. 10.1 Draft Environmental Impact Report EIR INITIATION De Novo and O’Rourke will meet with the Town staff team to initiate the EIR portion of the work plan. The purpose of the meeting will be to identify concerns and issues that have arisen since the first start-up meeting, review information needs, and discuss scheduling and expectations for the environmental setting and environmental review process. De Novo will coordinate with Town staff for the preparation of a base map that will be used during O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 17 meetings and presentations, and will also be used to provide base information for figures and exhibits used in the EIR. De Novo’s GIS staff will be able to revise and amend the base map to address Town staff comments. PROJECT DESCRIPTION De Novo will prepare a Project Description, consistent with the requirements of State CEQA Guidelines Section 15124, that provides a detailed description of the General Plan appropriate for the programmatic analysis of environmental impacts. This section will describe project components, including the land use map, policies/actions, circulation diagram, phasing of the General Plan Update, planned roadway and infrastructure improvements, sea level capacity improvements (e.g., dredging storm basins and expanding capacity of tidal areas), expected rate/extent of development under the General Plan Update including any phasing, utility and public service expansion (e.g., water, wastewater, solid waste, fire, law enforcement), and clear identification of what would be defined as a “subsequent project” under the General Plan Update. The Town’s objectives for the project will be described. In addition, graphics illustrating the proposed project and a description of anticipated actions associated with the project will be provided. The Project Description will support the anticipated development intensity and land uses envisioned for the General Plan, and will provide flexibility in regards to the evaluation of subsequent projects. The Project Description will be provided to Town staff for review and acceptance prior to impact analysis and completion of the Notice of Preparation. NOTICE OF PREPARATION/ SCOPING MEETING De Novo will prepare the Notice of Preparation (NOP) in accordance with the requirements of CEQA in order to define the scope of the environmental analysis. An administrative draft of the NOP will be prepared for Town review, and based on comments received, De Novo will prepare the final NOP and initial study for public distribution. De Novo will submit 15 copies to the State Clearinghouse on behalf of the Town. The project will require a public scoping meeting, and De Novo will prepare presentation materials and facilitate the meeting. The scoping meeting will include an overview of the General Plan Update project and the environmental review process, as well as identification of environmental issues that will be addressed in the EIR. After completion of the scoping meeting, De Novo will provide a summary of environmental issues raised. In addition, De Novo (in coordination with the Town) will seek one-on-one meetings with key local, regional, and state agencies. As part of the scoping process, each Native American tribe identified through the SB 18 and AB 52 processes will be provided an opportunity for input and consultation on the General Plan Update. SIGNIFICANCE CRITERIA At the outset of the Draft EIR task, a draft set of significance criteria will be prepared for review by staff. The significance criteria will include proposed criteria for each topical issue to be addressed in the EIR and will be based on Appendix G of the CEQA Guidelines as well as plans, regulations, and ordinances adopted by the Town and, to the extent applicable, by state and regional agencies, such as the BAAQMD, CDFW, and Caltrans. Early agreement regarding significance criteria will help to focus the setting information and the impact analyses provided in the EIR. DRAFT ENVIRONMENTAL IMPACT REPORT The Draft EIR will be a Program EIR prepared consistent with the requirements of CEQA, the CEQA Guidelines, and relevant case law. The Draft EIR will be a readable, useful document that can be used to streamline review of future planning, infrastructure, and development projects that are consistent with the General Plan. The Draft EIR will consist of the following chapters: Executive Summary; Introduction; Project Description; Environmental Setting, Impacts and Mitigation Measures; Cumulative Impacts; Other CEQA Requirements; Alternatives Analysis; and Report Preparers and References. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 18 DRAFT ENVIRONMENTAL IMPACT REPORT FOR PUBLICATION Upon receiving comments on the Administrative Draft EIR, the De Novo team will make the edits and generate a “Screencheck Draft EIR” for Town review before Draft EIR production and public review. Any final Town edits will be incorporated into the Draft EIR. De Novo will attend and participate in one public meeting on the Draft EIR, which will include preparation of a presentation on the content of the Draft EIR, including the major findings, and an overview of the CEQA process. In order to keep Draft EIR copy costs down, De Novo may have the technical appendices placed on a CD that will be included in a sleeve in the back of the Draft EIR, or placed online on the General Plan website. De Novo will be responsible for printing and distribution of the Draft EIR to the State Clearinghouse. De Novo will prepare a Notice of Availability for the Draft EIR; it is anticipated that the Town will have one round of review of the draft notice. As described under the General Plan Update Scope of Work above, De Novo will attend public workshops and hearings to receive comments on the Draft General Plan and EIR. De Novo will provide Town staff with support in preparation for these meetings, including preparation of presentations. De Novo will attend meetings prepared to present the Draft EIR, and to answer questions regarding the scope and content of the documents. 10.2 Final Environmental Impact Report At the conclusion of the Draft EIR public review period, the De Novo team will respond to all written comments received by the Town, as well as oral comments received during public hearings. Upon completion, copies of the Administrative Final EIR will be forwarded to the Town for review. The Final EIR document, which will be a separately bound, will include the comment letters, responses, and revisions to the Draft (text to be revised will be shown as an excerpt demarcated with underline for new text and strike-through for deleted text). With respect to the Final EIR and Response to Comments, the De Novo team anticipates 50 comment letters of normal detail (one to three pages in length), based upon our prior experience with projects of similar scope. Excess comments and/or complex comments that require additional technical analysis will be considered outside of this scope of work and cost estimate. De Novo also assume one round of Town review of the Administrative Final EIR and one round of Town review of the Screencheck Final EIR prior to public release. The Final EIR will include a comprehensive Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section 21081.6 of the Public Resources Code. De Novo will draft the MMRP using the information contained within the environmental analysis, including the specific mitigation measures, and how the mitigation measures will be incorporated into the General Plan Update. It is intended that each mitigation measure will be incorporated into the General Plan as a policy or implementation program, and that there will not be separate measures to monitor and enforce following adoption of the General Plan. As described under Task 4.5, the General Plan will include an implementation program that identifies how each implementation measure will be implemented, including the Town department responsible for implementation, the funding source(s), and timing of implementation. 10.3 Findings of Fact/Statement of Overriding Considerations CEQA Findings of Fact/Statement of Overriding Considerations (Findings) will be prepared that identify each potentially significant and significant impact, describe mitigation for the impact, and the resultant level of significance after mitigation. The Findings will identify each alternative and, if the alternative was not selected as the proposed project, identify why the alternative was not feasible and considerations for not selecting the alternative. For each significant and unavoidable impact, the Findings will identify economic, legal, social, technical, or other defensible reasons why the project should be approved in light of the significant effects of the project. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 19 Deliverables for Task 9: De Novo will provide all administrative draft and screencheck draft documents in PDF and Word formats. Electronic copies (PDF) in high-quality, reproducible format will be provided of each public review document (public Existing Conditions Report, Notice of Preparation, Draft Environmental Impact Report, and Final Environmental Impact Report). De Novo will deliver 15 copies of the Notice of Preparation and the Draft Environmental Impact Report to the State Clearinghouse for distribution. With the exception of the State Clearinghouse distribution, De Novo anticipates that the Town will arrange for notification and distribution of all documents. TASK 11: PLAN ADOPTION 11.1 Prepare Resolutions for Plan Adoption and EIR Certification O’Rourke will prepare resolutions for General Plan adoption and EIR certification for the Planning Commission and Town Council hearings. 11.2 Prepare Final General Plan O’Rourke and WRT will incorporate any final revisions from the Town Council hearing and finalize the adopted General Plan. OPTIONAL TASK A: INTERSECTION LEVEL OF SERVICE (LOS) ANALYSIS FOR PLANNING PURPOSES As noted in the Circulation Element and EIR work scope tasks, the analysis of traffic impacts for EIR purposes will not include an intersection LOS analysis for purposes of assessing the significance of potential environmental impacts, given the statewide implementation of SB 743 requirements by mid-2020. Nonetheless, the Town may desire to include an intersection LOS analysis for planning purposes, and to provide consistency with transportation analyses conducted for prior General Plan updates. Therefore, if requested, TJKM would conduct an intersection LOS analysis as an Optional Task. The estimated additional cost, presuming 10 study intersections (using data collected for the existing conditions report) and three analysis scenarios, would be $15,000. Deliverable: Intersection level of Service Analysis for Planning Purposes (Report) OPTIONAL TASK B: ENHANCED GRAPHICS WRT can provide additional graphics to support and illustrate the General Plan. These may be model-based renderings or illustrations showing how natural features, circulation, public spaces, existing and potential future buildings integrate. Graphic work may be done by WRT and/or by Art Zendarsky, whose watercolor work could enhance the Plan document. WRT recommends a contingency budget of $25,000 for this optional work. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 20 MANAGEMENT PROGRAM Christine O’Rourke, principal of O’Rourke & Associates and the Tiburon General Plan Update Project Manager, will manage all subconsultants including executing subcontracts, billing and supervising and coordinating their work. Ms. O’Rourke has had extensive experience managing General Plan updates and other projects for local governments in the Bay Area. She will dedicate approximately 50% of her time to the project and will have the flexibility to dedicate more or less time as needed on a monthly basis. Ms. O’Rourke is available for the three years that we envision the project will take. Her résumé and references are attached. In order to provide a consultant team with the necessary expertise and skills to address all aspects of the preparation of the General Plan Update and EIR O’Rourke & Associates has partnered with several firms as discussed in the previous sections. Their roles are briefly summarized and identified in the organizational chart below. The Work Plan and Cost Proposal identifies the specific tasks that each subconsultant will be assigned. Attachment A contains a summary of each subconsultant’s firm and the qualifications of key staff who will be assigned to the project. Attachment B contains a summary of recent representative projects completed or in progress by the subconsultants. Attachment C contains résumés from selected subconsultants. SUSTAINABLE COMMUNITY PLANNING (SCP). SCP principal Bob Brown will develop a community engagement plan, conduct public outreach activities, and develop land use alternatives and policies. Mr. Brown will attend all community workshops, PC and CC meetings with Ms. O’Rourke. Mr. Brown is available for the next three years. WRT. WRT will prepare the Downtown element and the Adaptation section of the Safety element. WRT will design public engagement materials and the General Plan document. DE NOVO PLANNING GROUP. De Novo will prepare the Existing Conditions Report and the Draft and Final Environmental Impact Reports. In addition, De Novo will provide GIS and mapping support, prepare growth projections for land use alternatives, and review draft General Plan policies and programs during the update process. TJKM TRANSPORTATION CONSULTANTS. TJKM will prepare the Transportation section of the Existing Conditions Report. They will identify VMT performance measures and impact thresholds per SB 743, and will assist in developing and testing land use alternatives. TJKM will also review the existing Transportation element and help prepare the updated element. SAXELBY ACOUSTICS. Saxelby will contribute information on noise to the Existing Conditions Report and Environmental Impact Report, including results from a noise monitoring survey (and maps identifying existing and future noise exposure contours. Saxelby Acoustics is a subconsultant to De Novo. PEAK & ASSOCIATES. Peak & Associates will contribute information on archaeological and cultural resources to the Existing Conditions Report and Environmental Impact Report. Peak & Associates is a subconsultant to De Novo. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 21 O'Rourke and Associates SCP TJKM WRT De Novo Peak Saxelby O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 22 COST PROPOSAL Our Cost Proposal includes all personnel and direct costs for the prime consultant and subconsultants. Hourly rates are provided on the following page. O'Rourke SCP WRT De Novo TJKM Saxelby Peak TOTAL Task 1: Project Kick-off - 1.1 Kick-Off Meeting & Site Tour $750 $750 $4,400 $2,710 $900 $9,510 1.2 Background Information Review $750 $750 $1,800 $3,300 1.3 Base Maps (GIS and Illustrator) $2,391 $2,391 Task 2: Meetings and Project Mgmt. - 2.1 Meetings and Hearings $6,250 $6,250 $2,533 $15,033 2.2 Project Management $19,500 $11,600 $31,100 Task 3: Current General Plan Evaluation $4,000 $4,000 $8,000 Task 4: General Plan Guiding Principles $1,875 $1,875 Task 5: Existing Conditions Report $1,000 $138,070 $19,500 $8,864 $12,180 $179,614 Task 6: Supporting Studies - 6.1 Downtown $12,060 $12,060 6.2 Adaptation $7,138 $7,138 6.3 Housing $12,500 $12,500 6.4 VMT Options $6,000 $6,000 Task 7: Public Participation - 7.1 Community Engagement Plan $500 $500 7.2 Logo and Branding $1,750 $1,750 7.3 Project Website $4,375 $4,375 7.4 Stakeholder Interviews $2,500 $2,500 $5,000 7.5 Focus Groups $3,000 $3,000 $6,000 7.6 Web-Based Surveys $4,000 $2,000 $6,000 7.7 Mailers $2,000 $2,000 $2,500 $6,500 7.8 Community Workshops - Community Workshop #1 $5,000 $2,500 $6,396 $1,250 $15,146 Community Workshop #2 $2,500 $2,500 $10,888 $15,888 Community Workshop #3 $2,500 $2,500 $9,404 $14,404 Community Workshop #4 $7,500 $2,500 $10,000 Community Workshop #5 $2,500 $2,500 $2,500 $7,500 Community Workshop #6 $2,500 $2,500 $7,088 $1,250 $13,338 7.9 Open Houses $3,000 $6,000 $5,678 $1,200 $15,878 7.10 PC Meetings $6,250 $6,250 $4,968 $7,294 $3,600 $28,362 7.11 CC Meetings $5,000 $5,000 $6,468 $1,823 $3,600 $21,891 Task 8: Growth Forecasts Land Use Alt. - 8.1 Identify Opportunity Sites/Areas $750 $750 I I I I I I I I O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 23 O'Rourke SCP WRT De Novo TJKM Saxelby Peak TOTAL 8.2 Develop Land Use Alternatives $2,500 $2,500 8.3 Build Out Projections and Alt. $10,200 $10,200 8.4 Receive Direction $625 $625 $1,250 Task 9: Prepare Draft General Plan - 9.1 General Plan Outline $1,500 $1,500 9.2 Draft Goals, Policies and Programs $3,750 $5,000 $15,488 $5,000 $29,238 9.3 Coordinate with Outside Agencies $3,000 $3,000 9.4 Draft Text, Maps and Graphics $42,500 $16,840 $10,000 $2,950 $72,290 9.5 Receive Direction on Draft GP $750 $750 9.6 Publish Draft General Plan $500 $10,752 $11,252 9.7 Prepare Final Draft General Plan $1,875 $1,875 Task 10: Preparation of EIR - 10.1 Draft EIR $1,000 $83,490 $16,600 $5,350 $1,560 $108,000 10.2 Final EIR $500 $55,070 $4,400 $1,040 $61,010 10.3 CEQA Findings of Fact $8,240 $8,240 Task 11: Plan Adoption - 11.1 Resolutions $750 $750 11.2 Prepare Final General Plan $1,250 $5,270 $6,520 Reimbursables (Travel/Printing/Food) $5,450 $5,221 $3,170 $13,841 TOTAL $161,575 $64,000 $136,500 $326,700 $73,300 $17,164 $14,780 $794,019 OPTIONAL TASKS Task A: Intersection LOS Analysis $15,000 $15,000 Task B: Enhanced Graphics $25,000 $25,000 Rate Schedule Firm Position Hourly Rate Firm Position Hourly Rate O’Rourke Principal $125 TJKM Principal $250 SCP Principal $125 TJKM Director $230 De Novo Project Manager $145 TJKM Sr. Project Manager $210 De Novo Principal Planner $125 TJKM Project Manager $180 De Novo Associate Planner $100 TJKM Transportation Planner $120 De Novo GIS/Graphic $85 TJKM Graphic Designer $110 WRT Principal $250 TJKM Technical Staff II $90 WRT Project Manager/Sr. Planner $165 TJKM Administrative Staff $80 WRT Urban Designer/Adaptation $135 WRT Jr. Urban Designer $112 WRT Graphic Design $92 I I I I I I O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 24 SCHEDULE The proposed schedule builds on the draft project timeline presented in the Request for Proposals, based on our proposed work plan. The schedule will be refined with staff during the kick-off meeting and finalized with input from decision makers. 2020 2021 March April May June July August September October November December January February March April Staff Meetings Kick-Off Evaluation of Existing GP Goals, Policies and Programs; Guiding Principles Project Management Meetings Every Two Weeks Community Engagement Community Engagement Plan Stakeholder Interviews Focus Groups Workshop #1 OS/Con, Parks & Rec, Safety Workshop #2 Downtown Workshop #3 Sea Level Rise Workshop #4 Housing and Land Use Workshop #5 Mobility and Noise Outreach and Marketing Logo and Branding Materials Website Mailer Manage Web Content & E-Blasts, Conduct Community Surveys Public Meetings and Hearings TC GP Process & Guiding Principles PC OS/Con, Parks & Rec, Safety PC Downtown PC Sea Level Rise & Adaptation TC Policy Alternatives PC Housing and Land Use Reports and Analysis Existing Conditions Reports Downtown Analysis / Existing Conditions Reports Sea Level Rise & Adaptation Analysis Housing Analysis and Land Use Alternatives VMT and LOS Analysis Dev. Proj. and Alternatives Document Prep & Production GP Outline Draft General Plan Policies & Programs; Prepare Draft Text & Maps Environmental Review Review Draft Policies and Programs Legend TC Town Council PC Planning Commission O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 25 2021 2022 May June July August September October November December January February March April May Staff Meetings Project Management Meetings Every Two Weeks Community Engagement Workshop #6 Review Draft GP Open Houses (3) Outreach and Marketing Manage Web Content, Survyes Mailer Manage Web Content & E-Blasts, Conduct Community Surveys Public Meetings and Hearings PC Mobility, Noise, and Dev. Proj. TC Policy Alt. & Pref. Land Use Map PC Review Draft GP TC Review Draft GP PC Review of GP & FEIR TC Adoption of Draft GP & FEIR Reports and Analysis Document Prep & Production GP Text and Design Admin Draft GP Draft GP Final Draft GP Final GP Environmental Review Notice of Preparation 30 day Public Review Prepare Admin Draft EIR Public Review Draft EIR 45-Day Public Review Prepare Response to Comments and Final EIR Final EIR O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 26 Boston University, BA San Francisco State University, MBA O’Rourke & Associates 2005-Present Baird + Driskell 2002-2005 •General Plans •Climate Action Plans •Housing Elements •Project Planning •Project Management •Greenhouse Gas Inventories •Grant Writing and Management CHRISTINE O’ROURKE PRINCIPAL, O’ROURKE & ASSOCIATES 20 Nunes Drive Novato, CA 94945 (415) 613-2907 christine.o@comcast.net AREAS OF EXPERTISE Recent Projects and References Yountville General Plan, Town of Yountville, 2016-2019. Project Manager and document writer for a comprehensive update of Yountville’s General Plan. The project included working with a Council-appointed advisory committee over a one-year period; developing goals, policies and programs and writing text for the plan; presenting findings, gathering input and receiving direction from the Town’s committees, commissions, and Council; and extensive community outreach including four community workshops. The plan is available at envisionyountville.com. Town of Yountville 655 Yount Street Yountville, CA 94599 Reference: Sandra Liston, Planning and Building Director (707) 944-8851 Novato General Plan 2035, Town of Novato, 2013-Ongoing. Project Manager for an in-house update of the Novato General Plan. The project included an existing conditions report, 11 policy papers, design charettes, community workshops, pop-up workshops, online surveys, and outreach to the Hispanic community. Christine also wrote the plan’s text, coordinated graphic design and production, and updated the Climate Action Plan for incorporation into the General Plan. The draft plan is available at novato.org and is expected to be adopted in 2020. Town of Novato 922 Machin Avenue Novato, CA 94945 Reference: Michael Frank, Town Manager (former) (415)798-6073 San Rafael Climate Change Action Plan 2030, Town of San Rafael, 2017-2019. Project Manager for an update of the Town’s Climate Change Action Plan. Christine worked with a citizen’s committee over a one-year period to develop GHG reduction measures, developed public engagement activities and surveys, and wrote the plan. The updated plan meets the statewide reduction target and CARB significance threshold for 2030 emissions. The plan is available at cityofsanrafael.org. Town of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Reference: Cory Bytof Sustainability and Volunteer Program Coordinator (415)485-3407 PROFESSIONAL HISTORY •Town of Yountville •Town of Novato •Town of San Rafael •Town of Martinez •Town of Saratoga •Town of St. Helena •Town of Ross •Town of Tiburon •Town of Corte Madera •Town of Belvedere •Town of Larkspur •Town of San Anselmo •County of Martin •Marin Climate & Energy Partnership EDUCATION CLIENT RELATIONSHIPS O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE 27 CHRISTINE O’ROURKE Additional Projects Martinez General Plan, Town of Martinez, 2016-2018. Christine assisted the Town of Martinez in updating and refining a draft General Plan that was previously prepared in-house. She developed four policy papers exploring significant issues that had been raised during public review of the draft EIR and worked with the Planning Commission and Council to resolve those issues. She also peer-reviewed the draft General Plan and revised it to conform to new state requirements. Yountville Climate Action Plan, Town of Yountville, 2015-2016. Christine worked with the Town of Yountville and their Council-appointed Go Green Team to develop a Climate Action Plan to reduce greenhouse gas emissions from government operations and community activities. The project involved educating committee members on greenhouse gas emission sources and potential mitigation measures over 14 meetings and leading a community workshop that gathered community feedback on proposed actions. Climate Action Plans and Greenhouse Gas Inventories, Marin Climate and Energy Partnership, 2010-ongoing. Since 2010, Christine has served as Sustainability Coordinator for the Marin Climate and Energy Partnership (MCEP), a partnership of the eleven Marin cities and towns, the County of Marin, and three public agencies. Christine has developed climate action plans and prepares annual greenhouse gas inventories for the MCEP cities and towns, which are available on the MCEP website at www.marinclimate.org. She is also responsible for creating content and coordinating design and development of an interactive website that tracks Marin communities’ progress on 12 sustainability metrics at marintracker.org. Christine manages the day-to-day activities of the Partnership, including record keeping, budgeting, and grant management. Housing Element Updates, 2002-2015. Christine has been assisting communities with the preparation of their housing elements since 2002. For the 2015-2023 housing element cycle, Christine successfully updated housing elements for the towns and cities of Corte Madera, Tiburon, Belvedere, Novato, St. Helena, Larkspur, and San Anselmo. The projects included community workshops, planning commission and council study sessions and hearings, and preparation of environmental review documents. All seven jurisdictions received approval from the California Department of Housing and Community Development before the statutory deadline. Town of St. Helena, 2012-2014. Christine provided on-call consulting services to the Town of St. Helena and coordinated activities of the St. Helena Sustainability Committee. Committee initiatives included development of a plastic bag ban ordinance, an energy efficiency project for the hospitality industry, a municipal solar installation project, PACE financing programs, and electric vehicle charging infrastructure. Town of Ross, 2006-2012. Christine provided contract planning services to the Town of Ross. Projects included writing grant proposals, managing grants and consultants, developing ordinances, providing feasibility analyses for potential municipal projects, leading community workshops, and writing and producing the Town’s newsletter and annual reports. Additional References Gary Broad Former Town Manager, Town of St. Helena Former Town Manager, Town of Ross (415) 747-2311 Adam Wolff Director of Planning and Building Town of Corte Madera (415) 927-5064 O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE A-1 ATTACHMENT A: SUBCONSULTANT QUALIFICATIONS The follow pages provide a summary of the each subconsultant’s firm and the qualifications of key staff who will be assigned to the project. Firms are listed alphabetically. DE NOVO PLANNING GROUP De Novo Planning Group is a land use and environmental planning firm specializing in general plan updates, CEQA compliance, community planning, environmental studies, and sustainability planning. The founding principals have successfully completed over 300 projects consisting of comprehensive general plans, specific plans, housing elements, environmental impact reports, negative declarations, initial studies, NEPA analyses, climate action plans, biological assessments, wetland delineations, and development projects throughout California. De Novo Planning Group incorporated in July 2008 and maintains offices in Northern and Southern California. De Novo’s mission is to provide municipal and private sector clients with world-class professional services, through principal-level attention to every project. They pride themselves on their ability to work with clients to balance the often-conflicting goals of economic, social, environmental, legal, and political forces. Their services result in an integrated planning and environmental solution for every project that is technically sound, cost effective and delivered within the client's schedule. The De Novo team project management and technical staff have a strong knowledge of the regional conditions. Team members have served as contract staff to local agencies and are familiar with the planning process and future uses of the EIR, which allows them to craft mitigation language that will be effective and straight-forward to implement. Their team has prepared numerous planning and environmental documents throughout the Bay Area and surrounding region, including the Cities of Novato, Cotati, Foster City, Half Moon Bay, Sebastopol, Campbell, Milpitas, and the Counties of Napa and Sonoma. Beth Thompson - Principal and Project Manager Ms. Thompson is a founding Principal with De Novo, with over 22 years of professional planning experience. Her responsibilities include general plan preparation and management, senior review of environmental documents, environmental planning, Housing Element updates, policy document preparation, and contract planning. Ms. Thompson specializes in Community Planning, CEQA and National Environmental Policy Act compliance. Her experience includes the preparation and management of numerous General Plan Update projects, including the Cotati General Plan Update and EIR, Sebastopol General Plan Update, EIR, and Zoning Code Update, Brentwood General Plan and EIR, Oakley Focused General Plan Update, Pittsburg General Plan Update and EIR, Colusa County General Plan Update, Half Moon Bay General Plan Housing Element, Zoning Code, and Land Use Element/Local Coastal Program Revisions, City of Lakeport Housing Element Update, City of Escalon Housing, Air Quality, Circulation, and Land Use Elements Update, Town of Paradise Housing Element Update, and City of Lakeport Housing Element Update. Ms. Thompson also has extensive experience preparing and managing General Plan EIRs, including the Town of Yountville General Plan Update EIR, City of Colusa GP EIR, the City of Manteca Circulation Element Update EIR, the City of Jackson Land Use and Circulation Element Update EIR, the El Dorado County General Plan Amendment EIR, the City of Elk Grove General Plan Amendment EIRs, the Mendocino County O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE A-2 General Plan EIR, and senior CEQA review of the City of Livingston General Plan Master EIR. Ms. Thompson is an industry leader in the field of Housing Elements, and General Plan EIRs, and she has a proven track record of successfully completing complex and legally defensible environmental and planning documents. Ms. Thompson graduated from the University of California, Davis with a bachelor’s degree in Environmental and Resource Sciences. Ms. Thompson has availability to undertake all project responsibilities associated with this project over the next three years. Ben Ritchie - Principal and Co-Project Manager Mr. Ritchie is a Principal Planner with De Novo and is responsible for managing long range planning documents, completing complex and controversial CEQA documents, and facilitating community outreach and public communications efforts for the firm. Mr. Ritchie will serve as Project Manager and will be the primary point of contact with Town staff and the project team. Mr. Ritchie’s experience includes a variety of land use, transportation, and sustainability projects throughout California. Mr. Ritchie recently served as the Project Manager for the Town of Cotati General Plan and EIR, the Town of Brentwood General Plan and EIR, the Colusa County General Plan, EIR, and Zoning Code, the Foster Town CAP and General Plan EIR, and the Town of Sebastopol General Plan and EIR. He is currently serving as the project manager for General Plans and associated EIRs in Campbell, Milpitas, and Lathrop. Mr. Ritchie has also served as the Principal-in-Charge for General Plans and EIRs in the cities of Lake Forest and La Verne. Mr. Ritchie is an expert in Green House Gasses and has developed a partnership with the Attorney General’s office and ICLEI- Local Governments for Sustainability to develop methodologies that local agencies can implement to address climate change at the local level and to achieve compliance with AB 32. Mr. Ritchie served as the Environmental Coordinator for the Town of Rancho Cordova, where he oversaw the environmental planning division and the preparation of all CEQA documents prepared by staff and outside consultants. This experience has given Mr. Ritchie the knowledge of how local agencies use and implement planning documents, and specifically general plans, on a day to day basis. He has extensive experience preparing the full range of General Plan Elements and General Plan EIRs. Mr. Ritchie graduated from Cal Poly San Luis Obispo with a bachelor’s degree in Political Science and a Master of Town and Regional Planning. He is regularly invited back to Cal Poly to guest-lecture in the Town and Regional Planning Department. Mr. Ritchie has over 17 years of professional planning experience and is a founding Principal of De Novo Planning Group. Mr. Ritchie has availability to undertake all project responsibilities associated with this project over the next three years. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE A-3 Steve McMurtry - Principal and Biologist Mr. McMurtry is a founding Principal with De Novo and is responsible for project management, preparation of environmental documents, land use plans, air quality modeling, biological assessments, Agricultural LESA modeling, and regulatory permitting. Mr. McMurtry will provide support in preparing the General Plan environmental documents. He will also be available as alternate staff in the event that the Project Manager is not available for a specific event. He has successfully led multidisciplinary teams to complete over 80 environmental, land use planning, and development projects in 18 California counties. Mr. McMurtry’s experience includes service in engineering and planning firms, as well as in the building industry where he was responsible for project budgets of over $300 million. He has managed large Specific Plans and EIRs with complex transportation, water, wastewater, and infrastructure issues and has served as a technical planner on General Plans and General Plan EIRs for the City of Brentwood, City of Cotati, City of Sebastopol, Colusa County, City of Carmel-by- the-Sea, City of Monterey, Colusa City, and the City of Manteca. Mr. McMurtry graduated from Cal Poly San Luis Obispo with a bachelor’s degree in Natural Resource Management with graduate studies in Biological Sciences at San Jose State University. Mr. McMurtry has availability to undertake all project responsibilities associated with this project over the next two years. William Crenshaw – Associate William is an Associate Planner with De Novo Planning Group and is responsible for project support in the preparation of environmental document and General Plans. Mr. Crenshaw has five years of professional planning experience and has served as a technical analyst and key support staff on general plans for the cities of Campbell, Milpitas, Manteca, Lathrop, Lake Forest, and La Verne. His previous experience includes service with several nonprofit environmental organizations, and work in the construction industry. Mr. Crenshaw’s project support work has included public outreach, research, environmental document writing, and policy preparation. He graduated from UCLA in 2011 with a bachelor’s degree in Geography and continued his studies at Cal Poly San Luis Obispo where he received a Master of Town and Regional Planning (MCRP). Throughout his academic endeavors, he received multiple honors including two UCLA scholarship recognition awards “In recognition of high achievement and outstanding promise,” as well as the 2013 Errett Fisher Foundation Scholarship. Elise Carroll – Associate Elise is an Associate Planner with De Novo. She has five years of environmental consulting experience completing both CEQA and NEPA documentation in the public and private sectors. Elise has worked on a variety of projects throughout California, including large-scale, controversial development projects, Specific and Master Plans, and General Plan Updates. Examples include the Mace Ranch Innovation Center EIR (City of Davis), Eastview Specific Plan and Annexation EIR (City of Galt), Russell Ranch Project EIR (City of Folsom), and City of Campbell General Plan Update. Her other skills include air quality modeling using the California Emissions Estimator Model (CalEEMod), public outreach and facilitation, and project organization and management. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE A-4 Josh Smith – Associate Josh is an Associate Planner with De Novo. He has eight years of experience and is responsible for the preparation of CEQA/NEPA documents, climate change planning for local governments, and the development of air quality and greenhouse gas technical plans and reports. He focuses on finding effective ways to mitigate environmental risks within difficult local government budget and manpower constraints. Josh has substantial experience with Climate Action Plans, Energy Action Plans, and toxic air contaminant (TAC) Health Risk Assessments. He served as the primary technical analyst on the Pleasanton, Oakdale, Hughson, and Campbell Climate Action Plans, and has been a deputy Project Manager for EIRs such as the Placer County RTP EIR and Amador County RTP EIR. Josh has expertise utilizing best-practice standards for developing greenhouse gas (GHG) inventories and context-specific GHG mitigation measures, as well as developing custom air pollutant emissions calculators for complex projects. PEAK & ASSOCIATES Peak & Associates, Inc. offers archaeological services and cultural resource expertise to public agencies and private concerns. A woman-owned business enterprise since 1975, Peak & Associates operates with a full-time staff of two professional archaeologists and a historian/archaeologist. The company also maintains an outstanding complement of expert consultants and adjunct fieldwork and laboratory personnel ready to respond to large scale projects. Peak & Associates has the capability to carry out archaeological and cultural resource projects of many types. Since the firm's incorporation late in 1975, Peak & Associates has successfully completed over 6,000 projects in the fields of public archeology and cultural resource management. These projects have ranged in scale from subdivision surveys to a survey of a 560-mile-long corridor for a power line; from single-unit test excavations through the multi- season Clarks Flat data recovery project; and from the evaluation of single residences for historical significance through the preparation of the Historic American Engineering Record documentation for a district covering thousands of acres in multiple counties. Peak & Associates will serve as a subconsultant to De Novo. Melinda Peak - Principal Cultural Resources Investigator Ms. Peak is the president of the firm and has charge of company records, acts as principal field director for survey and archaeological test projects, and takes responsibility for the firm's historical research and historical evaluation activities. With a record of more than thirty years of field experience, Ms. Peak has been a principal investigator, field director, crew chief and assistant director on a wide range of prehistoric and historic excavations. She has directed laboratory analyses of archaeological materials, including the historic period. She has also conducted a wide variety of cultural resource assessments in California, including documentary research, field survey, and report preparation. Ms. Peak is a registered professional historian with a Bachelor’s degree in Anthropology from the University of Cal- ifornia, Berkeley and a Master’s degree history at California State University, Sacramento. Through her education and experience, Ms. Peak meets the Secretary of Interior Standards for historian, architectural historian, prehistoric archaeologist and historic archaeologist. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE A-5 SAXELBY ACOUSTICS Saxelby Acoustics provides consulting services in acoustical design, noise control engineering, and vibration isolation to clients throughout the United States. Based in Roseville, California Saxelby provides these services to architects, engineers, environmental consulting firms, developers, public agencies, attorneys, land-owners, etc. Saxelby Acoustics also provides acoustical design consulting and expert witness services on issues related to noise control and construction defect claims. Saxelby has worked closely with the De Novo team over the past 10 years, serving as the primary noise consultant for eight General Plan EIRs in support of the De Novo team. Saxelby will serve as a subconsultant to De Novo. Luke Saxelby – Principal Mr. Saxelby has been practicing acoustic and noise control engineering for the past 15 years and is a Board-Certified member of the Institute of Noise Control Engineering (INCE). He is an expert in the e requirements of the California Environmental Quality Act (CEQA) relating to noise impacts and has been involved in the preparation of hundreds of noise studies, including CEQA Environmental Impact Reports (EIR) and Mitigated Negative Declarations (MND). He is also a recognized expert witness in issues relating to building acoustics and noise control and has given testimony on various legal projects including construction defect claims and CEQA litigation. Mr. Saxelby has extensive experience in the use of complex noise modeling programs including the Federal Highway Administration (FHWA) Traffic Noise Model (TNM), the CadnaA (Computer Aided Noise Abatement) sound prediction model, the SoundPLAN acoustic model, the Federal Aviation Administration’s (FAA) Integrated Noise Model (INM), and the Enhanced Acoustic Simulator for Engineers (EASE) model. He has also developed many custom computer models used in his practice. Special interests and areas of practice include the application of noise control techniques for mechanical systems, building noise control design, low noise HVAC systems, and architectural acoustics. SUSTAINABLE COMMUNITY PLANNING Bob Brown - Principal Bob Brown, AICP, has 40 years of experience as a community development director or planning director in several progressive Bay Area communities including San Rafael, Novato, San Mateo, Palo Alto, Berkeley and Milpitas. He has experience in departmental management, preparation of numerous general and neighborhood plans, creation of innovative regulatory tools (including the first Junior Accessory Dwelling Unit ordinance), all with a focus on robust community involvement. He has prepared three new General Plans using staff resources. His focus has been on creating livable and sustainable communities that balance environmental, social and economic imperatives with practical implementation. Bob brings this expertise and practical knowledge of General Plan and Zoning Code implementation, public process and staff relations to prepare new plans and ordinances that respond to community-identified issues and provide easy utility by public, staff and decision makers. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE A-6 TJKM TRANSPORTATION CONSULTANTS TJKM Transportation Consultants (TJKM) is a multi-modal transportation firm providing transportation planning and design services throughout California. Founded in 1974 as a C Corporation, TJKM currently has a staff of 30 employees with key offices in Pleasanton, San Jose, and Sacramento. Our projects range in size from short-term engagements developing meaningful traffic solutions for a wide range of transportation issues to long-term planning for new developments, communities, and transportation systems. For more than 40 years, more than 3,500 satisfied clients have entrusted TJKM with their critical work. We serve a full-range of clients, including municipalities, congestion management agencies, metropolitan planning organizations, transportation agencies, private developers, other consulting firms and attorneys. TJKM has been involved in more than 8,000 transportation projects throughout California, and averages 240 new projects each year. Our motivation comes from satisfying clients' objectives and improving communities. TJKM has a strong roster of both public and private sector clients and continually builds upon this base. TJKM strives to develop policies and implement projects that benefit multi-modal transportation, reduce vehicle miles traveled (VMT), improve travel times and cut down greenhouse gas emissions. Our team of highly skilled, visionary and dedicated transportation professionals are continuously engaged in improving access and enhancing safety for bicyclists, motorists, pedestrians, transit users, and persons with disabilities. Colin Burgett – Senior Project Manager Mr. Burgett has over two decades of professional experience with expertise in multimodal transportation and integrated transportation/land use planning. He specializes in strategic planning for large-scale projects, including citywide transportation plans, large area plans, bicycle and pedestrian master plans, EIR transportation studies, vehicle miles traveled (VMT) forecasting, bus rapid transit (BRT) corridor studies, and transit station area plans. He has extensive experience with projects that emphasize corridor revitalization, transit-oriented development, and complete streets planning. Mr. Burgett manages projects that place a strong emphasis on facilitating the interactions between transportation systems, land use patterns and urban design components. His experience includes General Plan Circulation Element updates in various cities including Tiburon, Seaside, Menlo Park, Petaluma, Pittsburg, Oakley and East Palo Alto. For the Town of Tiburon: his past work includes the Tiburon 2020 General Plan EIR adopted in 2005; an update to Tiburon’s traffic mitigation fee in 2006; and he prepared the Baseline Conditions Report for the 2014 Tiburon Circulation Element update. Ruta Jariwala, PE – Principal Ms. Jariwala has 20 years of professional experience in the areas of transportation planning, complete streets, bicycle/pedestrian planning, traffic operations, transportation impact studies/EIRs and intelligent transportation systems planning, design and construction oversight. She has extensive experience in macro and microscopic model development and application for analysis of traffic operations for express lane studies as well as multimodal operations, light-rail, bus rapid transit, pedestrian, bicyclists, and traffic safety studies. Ms. Jariwala assisted the Transportation Authority of Marin (TAM) with Congestion Management Program (CMP) updates in 2013, 2015 and 2017. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE A-7 Vamsee Modugala – Director of Travel Demand Modeler Ms. Modugula has 22 years of experience in leading transportation planning firms in the United States and India in the field of travel forecasting models. She is an expert in passenger and freight travel demand forecasting models, mobility plans, master plans, demand assessment, and public transport feasibility projects. She also has extensive experience in transportation planning software such as CUBE, TransCAD, and EMME. Ms. Modugula has conducted numerous training sessions in model development and Cube software. Janice Spuller – Project Manager Ms. Spuller has over 18 years of experience in transportation planning, traffic impact studies, environmental impact reviews and project management. Janice has spent most of her career in the public sector with experience with major transportation infrastructure and transit projects, long-range transportation plans, transportation demand management and land-use planning. Ms. Spuller’s experience includes updating the circulation element of general plans, updating bicycle master plans and implementation, applying and managing grant funding, and participation on regional transportation committees. During her tenure with local government agencies, she provided support as staff liaisons to bicycle and transportation committees and commissions. WRT WRT is a team of planners, urban designers, architects, and landscape architects. We value the impact of our collective approach to create simple solutions for complex problems across scales and serve communities by designing places that enhance the natural and social environment. To ensure that the issues and concerns most important to the client are effectively addressed, WRT guides the development of projects through a process that depends upon a sound understanding of community values and aspirations, obtained through early and continuous citizen involvement, our national perspective on place-based design, and a commitment to understanding the site-specific opportunities and challenges as a basis for strategic decision-making. WRT’s success is based on a tradition of excellence, innovation, and leadership in planning and design, and their commitment to the firm’s guiding principles of designing with nature and reinforcing urbanism. We work with communities to address and integrate complex issues related to quality of life and physical character, growth management, economic and fiscal health, infrastructure capacity, and resource preservation and activation. We embrace our roots, yet we do not bind ourselves to its style or prose. We build on the strengths of those that have come before us, but welcome change as an opportunity to create impact. WRT believes in simplicity and functionality, and we work with clarity and purpose to engage and empower communities. Through it all, we remain committed to design excellence, as we strive to enhance and reflect nature through projects that address the unique concerns and needs of each community, with a process and a product that gains widespread acceptance, reflects citizens’ aspirations, and serves as a catalyst for future action. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE A-8 John Gibbs – Principal-in-Charge John shares WRT ’s deep commitment to environmentally rooted planning and design excellence. His work reflects his belief that open space infrastructure, whether at the scale of parks, landscaped plazas, or streets, is a crucial and integral part of creating quality urban environments. He is a practice leader in WRT ’s Community Design, and Parks and Open Space practices where he is committed to enhancing community open space - from park system planning to detailed design - and expanding mobility options through complete streets, trails, and district pedestrian networks. Community engagement is fundamental to all facets of his work and his outreach skills are valued by clients who seek outcomes rooted in productive public dialogue. Peter Winch – Project Manager Peter has ten years of urban and regional planning experience, developing general and specific plans, parks system plans, zoning, and urban design studies at a range of scales and settings. He has led or contributed to general and community plans for Yountville, Turlock, Visalia, Pacifica, Half Moon Bay, and San Diego; specific plans in Oakland and Antioch; development standards to improve and incentivize mixed-use development and residential infill in Portland; and park system master plans for Fresno, Hayward, and San Luis Obispo. Peter is interested in diverse development patterns, connective street networks, and the relationship between the two. He seeks solutions that achieve multiple grow out of the unique problems of each project. Cristina Bejarano – Planner + Urban Designer Cristina has ten years of cumulative experience in Planning, Urban Design and Architecture with a focus on environmental site planning, place-making, in-fill transit- oriented development, and climate resiliency. She has worked at a wide range of scales from wayfinding design, to mixed-use architectural design, and long-term campus planning. Each project contributes to the overarching goal of promoting sustainable development through the design of active, walkable neighborhoods, public transportation, vibrant ecological systems and social equity. Deeksha Rawat – Urban Designer Deeksha is an urban designer with experience ranging from urban design, city planning, and architecture which includes mixed-use master planning, urban waterfront development, and architectural design and execution. Her work focuses on the exploration of the public realm with a particular interest in streetscape and waterfront design to promote resilient communities and livable densities. She brings an interdisciplinary perspective and skill set to the table. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE B-1 ATTACHMENT B: SUBCONSULTANT RECENT PROJECTS AND REFERENCES The follow pages provide a summary of recent representative projects completed or in progress by team subconsultants. References are provided. DE NOVO PLANNING GROUP De Novo brings a valuable combination of experience and qualifications to the Town’s General Plan EIR process. Our Principals’ experience as consultants and as contract staff to cities and counties throughout California gives us exceptional General Plan EIR qualifications and a broad range of problem-solving abilities. Our approach to preparing a General Plan EIR focuses on providing an effective, implementable set of mitigation recommendations that can easily be included in the general plan to provide for a self-mitigating document that reflects the vision and values of the community. Our team has the unique combination of skills and resources necessary to produce a high- quality General Plan EIR while adhering to a strict schedule and budget. City of Brentwood – General Plan Update and EIR The De Novo team recently completed a comprehensive update to the City of Brentwood’s General Plan and preparation of a General Plan EIR. De Novo Principals Beth Thompson and Ben Ritchie served as the project managers, coordinating deliverables, meeting facilitation, and subconsultant performance, and Mr. McMurtry served as Principal Planner. The work effort began with an extensive public outreach and visioning process and preparation of a detailed Existing Conditions Report. Other key tasks include an Opportunities and Constraints Report, three Land Use Map Alternatives accompanied by a Land Use Map Alternatives Report, and opportunities for property owners to submit parcel change requests. Our team worked closely with the Town’s General Plan Working Group to complete comprehensive policy sets for all General Plan topics. The updated General Plan provides extensive opportunities for economic development, maintains strict fiscal sustainability, enhances the preservation of natural resources in and around the City, and ensures continued quality in the built environment under increasing growth pressure. We developed innovative solutions customized for the City’s unique needs, including the establishment of a Priority Development Area in the northwest area of Brentwood, along the SR 4 corridor. This area included detailed planning priorities and standards for the development of a mixed use area that would accommodate a range of business park uses, regional commercial uses, and a range of residential densities that would support the future extension of eBart to the area. The General Plan was successfully adopted and the EIR was certified in July 2014. The Brentwood General Plan Update Website can be viewed at: brentwood.generalplan.org Project Schedule: October 2012-July 2014. The project was completed ahead of schedule. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE B-2 City of Brentwood Community Development Dept. 150 Town Park Way Brentwood, CA 94513 Reference: Casey McCann, Community Development Director (925) 516-5195 City of Cotati – General Plan Update and EIR De Novo Planning Group recently completed a comprehensive update to the City’s General Plan and preparation of a General Plan EIR. De Novo Principals Beth Thompson and Ben Ritchie served as the project managers for the City of Cotati General Plan and General Plan EIR, and Mr. McMurtry served as Principal Planner. This work effort included an extensive Visioning process at the outset of the project and regular meetings with the Planning Commission to discuss issues to be addressed in each element of the General Plan. Deliverables included a background report, Issues and Opportunities Report, GIS data, three land use alternatives maps, the General Plan policy document, Housing Element, and EIR. The updated General Plan provides the Town with a 20-30 year growth plan that will: address community health and sustainability, provide a Circulation Plan that supports a walkable Cotati, and balance the demand for expanded opportunities for jobs-generating development and supporting residential growth with preservation of the City’s small-town character. The General Plan was successfully adopted in March 2015. The Cotati General Plan Update and EIR can be viewed at: http://www.cotati.generalplan.org/ Project Schedule: February 2011-March 2015. City of Cotati Community Development Department 201 West Sierra Avenue Cotati, CA 94931 Reference: Vicki Parker, CD Director (707) 665-3637 City of Sebastopol - General Plan Update and EIR The De Novo team, led by Project Manager Beth Thompson, recently completed a comprehensive update to the Sebastopol General Plan. This work effort included several community visioning workshops, numerous meetings and workshops with the Planning Commission and City Council, a detailed background report, issues and opportunities report, and full administrative drafts of the EIR and General Plan. Preparation of a comprehensive update to the City’s Housing Element was also completed, and the Housing Element was successfully certified by HCD. The Final General Plan and EIR were successfully adopted and certified by the City Council in December 2016, and our team was immediately invited back to prepare a comprehensive update to the City’s Zoning Code. The Sebastopol General Plan Update Website can be viewed at: http://sebastopol.generalplan.org/ Project Schedule: March 2014-December 2016. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE B-3 City of Sebastopol Reference: Kenyon Webster, CD Director (Retired) (707) 480-7984 Town of Yountville – General Plan EIR Led by Project Manager Beth Thompson, De Novo Planning Group prepared the Environmental Impact Report and supporting documentation for the Town's General Plan Update. De Novo prepared a series of Existing Conditions Reports to establish baseline conditions related to circulation, community services and facilities, conservation, cultural resources, fiscal issues, hazards and safety, land use and socioeconomics, and noise. As part of the General Plan Update, De Novo reviewed each set of goals, policies, and implementation measures prepared by the Town and General Plan team and provides input on consistency with General Plan requirements and methods to address CEQA concerns at the General Plan level. De Novo worked with Town staff and the General Plan team to prepare an analysis of land use and project alternatives to inform selection of the preferred land use map. Project Schedule: January 2017-May 2019 Town of Yountville 655 Yount Street Yountville, CA 94599 Reference: Sandra Liston, Planning and Building Director (707) 944-8851 City of Foster Town - General Plan EIR and Climate Action Plan De Novo recently completed the Foster City General Plan EIR and Climate Action Plan. The project was managed by De Novo Principal Ben Ritchie. The Draft EIR addressed the full range of environmental impacts associated with implementation of the Town’s updated Land Use and Circulation Element, as well as the revised General Plan Land Use Map and new Climate Action Plan. The Climate Action Plan was developed in a way that will facilitate General Plan implementation, provide opportunities for streamlined CEQA review of subsequent development projects, and effectively implements the City’s visions and goals with respect to climate change planning. The CAP was adopted and the Final EIR was certified in January 2016. Town of Foster City Community Development Department 610 Foster Town Blvd. Foster City, CA 94404 Reference: Curtis Banks, CD Director (650) 286-3232 Time Frame: August 2012 – January 2016 City of Campbell - General Plan Update and EIR The De Novo team, led by Project Manager Ben Ritchie, is currently in the process of preparing a comprehensive General Plan Update, Climate Action Plan, Zoning Code Update, and EIR for the City of Campbell. The General Plan Update will include strategies to assist the City in broad-based economic development opportunities which capitalize on the Town’s regional location within Silicon Valley, while retaining the City’s small-town charm and family- oriented environment. The De Novo team is currently working in collaboration with the Campbell GPAC to review the existing General Plan and to craft policies that will guide and shape the City for the next 20 years. We are also in the process of working with the City Council to finalize the Draft Land Use Map. Key deliverables that have been completed to-date include: the Existing Conditions Report, Community Workshop Series and Summary Report, the Issues and Opportunities Report and Land Use Alternatives Report. ENVISION CAMPBELL O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE B-4 Town of Campbell Community Development Department 70 N. First St. Campbell, CA 95008 Reference: Paul Kermoyan, CD Director (408) 866-2141 Time Frame: July 2016- Present City of Milpitas - General Plan Update and EIR The De Novo team, led by Project Manager Ben Ritchie, is currently in the process of preparing a comprehensive General Plan Update and EIR for the City of Milpitas. The General Plan Update will include strategies to assist the City in broad-based economic development opportunities which capitalize on the Town’s regional location within Silicon Valley, and expanding housing and transit opportunities around the new BART station. The De Novo team is currently working in collaboration with the Milpitas GPAC to review the existing General Plan and to craft policies that will guide and shape the City for the next 20 years. We are also in the process of working with the City Council to finalize the Draft Land Use Map. Key deliverables that have been completed to-date include: the Existing Conditions Report, Community Workshop Series and Summary Report, the Issues and Opportunities Report and Land Use Alternatives Report. Town of Milpitas Department of Planning and Neighborhood Services 455 E. Calaveras Blvd. Milpitas, CA 95035 Reference: Jessica Garner, Planning Manager (408) 586-3284 Time Frame: June 2016- Present PEAK & A SSOCIATES Peak and Associates has completed numerous General Plan and long-range planning cultural and historic resource studies and Native American outreach programs in support of the De Novo team, including work efforts for the Cities of Brentwood, Campbell, Foster City, Lathrop, Manteca, Milpitas, Novato, Sebastopol, and Yountville, Colusa County, and Sonoma County. SAXELBY ACOUSTICS Principal Luke Saxelby has completed numerous General Plan and long-range planning noise and vibration studies in support of the De Novo team, including work efforts for the cities of Brentwood, Campbell, Foster City, Lathrop, Manteca, Milpitas, Novato, and Sebastopol and Colusa County. O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE B-5 SUSTAINABLE COMMUNITY PLANNING (SCP) Town of Novato - General Plan Update As Community Development Director for the Town of Novato, Bob Brown directed the preparation of General Plan 2035 which seeks to balance the community’s desire to retain its small town character with visions of expanding opportunities for a bio-tech hub, infill housing near the downtown with a fine-grained form-based zoning code, and a vibrant mixed-use downtown. Themes of Sustainability and Healthy Eating/Active Living are highlighted. The 4-year process included well-received community charrettes for four focus areas, 11 policy white papers, and multiple venues and on-line opportunities for public engagement. The document achieves its goals of being very graphic and readable, and easy for staff implementation. Town of San Rafael – General Plan 2020 As Community Development Director for the Town of San Rafael, Bob Brown managed the preparation of General Plan 2020 with an emphasis on community- based planning. The process included assisting a 19-member Steering Committee and forty-five volunteers who served on four Task Groups to provide more detailed input on specific topic areas. Community design options for six focus areas were addressed through 2-day public charrettes with assistance from 48 volunteer architects. The Plan incorporated a Neighborhoods Element, condensing previous neighborhood plan policies, a Governance Element, an Economic Vitality Element and integrated the Downtown Vision and Vision North San Rafael. TJKM Seaside 2040 General Plan Reference: Kurt Overmeyer | City of Seaside | (831) 899-6839 | kovermeyer@ci.seaside.ca.us TJKM was responsible for a comprehensive update to Seaside’s Circulation Element initiated in 2016, incorporating complete streets components, multimodal performance metrics, revisions to citywide bikeway network, identification of pedestrian priority focus areas, and related land use and mobility projects. In addition to updating the Circulation Element, TJKM’s tasks also included travel demand modeling and preparation of the General Plan EIR transportation analysis. The Circulation Element update included a greater emphasis on multi-modal transportation, including bicycle, motor vehicle, pedestrian, and transit circulation. Key components included recommended changes to street standards, and updated goals and policies for vehicles, transit, bicycle and pedestrian facilities, and freight. - ~ --~--.::.; .[ ---~~ ~-~ Mixed Use Boulevard with 4 Traffic Lanes ,. 5 U --... ,_ 11 -" ll ==-- O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE B-6 Key issues incorporated into the planning effort included: • Complete Streets goals, policies, performance measures, and improvements • Revisions to the City’s bikeway network map; provision of a pedestrian network map • Performance measures for assessing the transportation impacts of future development, consistent with SB 743 • Assessment of the net regional effect on VMT ConnectMenlo General Plan Reference: Justin Murphy | City of Menlo Park | (650) 330-6725 | jicmurphy@menlopark.org TJKM conducted a transportation impact study for two concurrent projects for the City of Menlo Park from 2014 to 2016 that included detailed VMT analyses: the Update of the General Plan Land Use and Circulation Elements and Changes to the M-2 Zoning District, and Facebook’s Proposed Expansion Project alongside the Bayfront Expressway. The transportation impacts and implications of these two projects were being evaluated together not only because they have similar schedules, but to provide a clearer picture of the individual and combined potential transportation impacts and improvements to the City’s and other nearby agencies’ transportation systems. The report summarized the results of the travel demand modeling, traffic operations analysis, VMT and transportation improvement assessment relevant to both projects as well as potential mitigation measures relevant to each project, and provides findings relevant to both EIR documents. The analysis included 64 study intersections in and around Menlo Park, and extensive details on bicycle, pedestrian, transit, traffic impacts, and recommended mitigations under six scenarios. Facebook’s plan included the construction of two new buildings to house an additional 6,400 employees. The report detailed the company’s plan to accommodate the traffic and transit implications and other potential mitigations for the City to consider. TJKM evaluated VMT in comparison with regionally applicable VMT rates, consistent with OPR guidance. Envision Pittsburg General Plan Reference: Hector Rojas | City of Pittsburg | (925) 252-4043| hrojas@ci.pittsburg,ca.us TJKM was retained to develop an updated Transportation Element for the City of Pittsburg for a comprehensive General Plan update as a subconsultant to De Novo Planning Group that kicked off in early 2019. TJKM is updating the Transportation Element to include a greater emphasis on multimodal transportation, including bicycle, motor vehicle, pedestrian and transit circulation, and updated performance standards including vehicle miles traveled (VMT) measures and thresholds. Marin County Congestion Management Plan (CMP) Reference: Derek McGill | Transportation Authority of Marin (TAM) | (415) 226-0825| dmcgill@tam.ca.gov O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE B-7 TJKM updated the monitoring and assessment efforts of the Marin County Congestion Management Plan (CMP) network in 2013, 2015 and 2017. TJKM’s 2016 data collection and analysis effort including enhancement of the previous monitoring cycles to include use of Bluetooth-based data sets and the Caltrans online Performance Measurement System as supplements. Data collection included bicycles and pedestrians along several key non-motorized corridors that were collected according to the federally-funded Non- Motorized Transportation Pilot (NTPP) Program. A full inventory of all transit services throughout the County was also documented. WRT WRT’s recent projects are described on the following pages and references are provided below. Yountville General Plan Update Sandra Liston Planning & Building Director Town of Yountville 6550 Yount Street Yountville, CA 94599 (707) 944-8851 sliston@yville.com Mill Valley General Plan Update Kate Sears - District 3 Supervisor Maureen Parton - District Aide County of Marin 3501 Civic Center Drive, Room 329 San Rafael, CA 94903 (415) 473-7331 KSears@marincounty.org MParton@marincounty.org Miller Avenue Streetscape Plan Mill Valley, CA O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE B-8 Danielle Staude Senior Planner, Advanced Planning City of Mill Valley 26 Corte Madera Avenue Mill Valley, CA 94941 (415) 388-4033 X4812 dstaude@cityofmillvalley.org Point Molate Vision Richmond, CA Lina Velasco Planning Manager City of Richmond - Planning and Building Services / Planning Division 450 Civic Center Plaza Richmond, CA 94804 (510) 620-6841 lina_velasco@ci.richmond.ca.us DOWNTOWN CORE LAFAYETTE SIMILAR BUILDINGS SITE C, IDEA 2 36’ AND 42’ HIGH 2- AND 3-STORY BUILDINGS EXCEEDING CURRENT HEIGHT LIMIT MAISON FLEURIE, YOUNTVILLE EXTENDING DOWNTOWN WEST 494. ECONOMIC SUSTAINABILITY // Figure ES-2COMMERCIAL LAND USES Villagio Inn & Spa Bistro Jeanty Bouchon Ad Hoc French Laundry Vintage Inn V Marketplace Maisonry Napa Valley Bardessono Legend Town Limit Sphere of Influence & Planning Area Streams and Ditches Water Bodies Parks and Open Spaces Dining/ Tasting Rooms Hotels Grocery Bank or Office Primary Retail Retail, Restaurant, and/ or Tasting Room under Construction GP Working Layout.indd 49 10/2/2018 11:23:37 AM WRT was part of the General Plan Update team for Yountville, a town of 3,000 with a memorable Napa Valley setting. The new General Plan emphasizes how visitor- oriented development can be integrated while maintaining a complete community. WRT’s role had four key parts: creation of an engaging existing conditions workbook; urban design studies to help community members and decision-makers envision potential changes to specific sites; design of the general plan document, and presentations to the Town Advisory Council and the community. The General Plan was completed in 2019. Yountville has a bonanza of top-quality tasting rooms, restaurants, hotels and inns, and the world has noticed. The town is a magnet for visitors from all over. What does this mean for the people who make Yountville home? How can we shape a bright future for businesses and residents alike? Can Yountville’s workforce - three times the size of its resident population - afford to live here? These were key questions for the General Plan Update. WRT undertook design studies for Downtown Yountville to examine and illustrate how additional development might support locally-desired businesses, workforce housing, and high-quality social spaces that reinforce Yountville’s atmosphere. Yountville General Plan Update Yountville, CA ·----- ·, _..,. \ ,.., ...... ··, .. '· ·,. ·, ··, \ ··,. ·,. \ ••,,,r-".c-... --•• WRT examined and illustrated how future downtown development could enrich quality of life. Yountville has a bonanza of top-quality tasting rooms, restaurants, hotels and inns, and the world has noticed. The town is a magnet for visitors from all over. What does this mean for the people who make Yountville home? How can we shape a bright future for businesses and residents alike? Can Yountville’s workforce - three times the size of its resident population - afford to live here? These were key questions for the General Plan Update. WRT undertook design studies for Downtown Yountville to examine and illustrate how additional development might support locally-desired businesses, workforce housing, and high-quality social spaces that reinforce Yountville’s atmosphere. OfFICt Mill Valley General Plan Update Mill Valley, CA Mill Valley is a small city in Marin County, CA. It is known for its rich character and natural beauty, nestled among redwood groves just off of Richardson Bay, with views of Mount Tamalpais. The City has one of the highest housing costs, median household income, and educational attainment rates of any city in the state or the country. Given these characteristics, the City envisioned an update for its General Plan that focused on an innovative, cutting-edge approach that would appeal to its community and celebrate its special attributes. The City retained WRT to assist with multiple phases of their General Plan update. (1) WRT created a “General Plan Workbook” identifying key facts and trends in a unique, graphically- compelling format, which working group members would use to create goals and policies that addressed these themes. (2) WRT assisted in writing and compiling the Plan for initial public comment and hearings. (3) WRT assisted in presenting the entire Plan in a graphically-compelling, fresh format for its final adoption and public presentation. The Plan workbook was well received by the community and was featured in the California Planning Roundtable consortium “Re-inventing the General Plan,” to demonstrate ways in which communities were thinking outside of the box for their approach to traditional regulatory policy documents. Figure 2: Mill Valley Neighborhoods □"""'""""' -·- 8 Bothin Marsh Adaptation Project Marin County, CA The Bothin Marsh Preserve is Marin County Parks’ most visited and most vulnerable park. Existing sea levels are threatening the Preserve’s shoreline habitats and their ability to support abundant native wildlife, including special- status species, migratory birds, and rare plant species. In addition, existing active transportation and recreational access along trails to and through the Preserve are severely threatened by impending sea level rise. The Mill Valley/Sausalito Multi- use Path is a critical link in the San Francisco Bay Trail and regularly floods at the Preserve over 30 times each year. Through the Bothin Marsh Adaptation Project, WRT and team are developing conceptual designs to adapt the Preserve to changing climate and SLR through nature-based strategies allowing evolution and restoration of tidal wetlands, and restoration of ecological processes and habitat function at Bothin Marsh. The Preserve’s trail system will also be adapted to ensure year-round active transportation and recreational access along the shoreline. Through extensive community engagement and support from a broad team of science and technical advisors, the project supports the community’s vision for the shoreline and the broader San Francisco Baylands ecosystem habitat goals. SFSU Romberg Tiburon Center Vision Plan Tiburon, CA WRT led the Vision Plan for San Francisco State University’s satellite campus for marine studies which is located on the bay shore just north of the Town of Tiburon. The purpose of the Vision Plan was to leverage the strength of the University’s marine sciences program and build other programs around it to create a broader curriculum based on ecological, cultural and arts studies. This expanded cluster of programs would be structured in a way to take full advantage of this dramatic coastal site with its history of maritime and wartime uses and its unique ecological characteristics. Establishing the campus as a center for education and research, green tech start-ups incubation and community outreach are central to the vision. AWARDS Honor Award, American Society of Landscape Architects Northern California Chapter, 2019 Overall Winner - Outstanding Local Streets and Roads Project, League of California Cities Public Works Officers’ Institute + County Engineers Association of California (CEAC), 2018 Local Street Project of the Year Award, California Transportation Foundation, 2017 Miller Avenue Streetscape Plan + Implementation Mill Valley, CA WRT assisted the town of Mill Valley to craft a “Complete Street” vision for Miller Avenue. A robust and engaging community process resulted in a plan that balances multi-modal access, improves ecological conditions for nearby streams, creates plazas and spaces for social activities, and reflects the unique character of this Marin County town. Community participation was fostered though online media such as a web page, email newsletters, and Facebook as well as traditional community meetings and focus group conversations. The plan provided schematic level design produced in CAD to guide near term implementation. The expertise of WRT’s transportation consultants informed layouts with specific dimensional criteria to best proportion the various street functions. Regulation of parking in the retail main street and improving transit service were additional transportation points the plan addressed. Cost estimation and project phasing provided city leadership and public works the tools to plan appropriately for implementation. WRT continued to assist Mill Valley with the implementation of the streetscape plan through completion. Richardson Bay Anchorage Management Community Engagement Facilitation Marin County, CA Richardson’s Bay, located in multi-jurisdictional waters near Sausalito, in Marin County, is one of the few remaining anchorages in San Francisco Bay. The mix of eclectic In recent years, a number of social, economic, and ecological factors have raised critical concern and threatened the existence of the use. WRT was brought in by the County to lead planning and to conduct a community engagement process. Our work brought together a diverse collection of stakeholders and community members in conversation. Central to our approach was understanding the broad range of issues affecting the anchorage. We studied the people who live in the anchorage and learned about issues of poverty and mental health. We reviewed ecological data to understand the value of eel grass to the productivity of the herring fishery. Costs of reclamation of breakaway boats and the related damage to waterfront homes was quantified. This information was presented by a team of respected experts to the community. Following the presentations, the over one hundred attendees worked in small groups to explore topics together. The discussion was remarkable for the diverse stakeholders – concerned property owners, mariners, public health interests, environmentalists, and live-aboards—who sat together in constructive conversation to identify potential solutions. Strawberry Community Vision Facilitation Strawberry, CA (Marin County) WRT facilitated a visioning process for the unincorporated community of Strawberry, working with County Staff and a Vision Committee comprised of local residents to engage their neighbors in dialogue about the future of Strawberry. WRT facilitated Vision Committee meetings as well as a community-wide open house event for over 150 residents that helped identify priority opportunities and issues of concern for maintaining and enhancing quality of life in the community. The visioning process culminated in a Strawberry Community Vision document prepared by WRT that will serve as an important reference for planning efforts in the future. -~-----------, Land use & community Character Point Molate Vision Richmond, CA WRT assisted the City of Richmond in facilitating a multilingual community visioning process to shape the future development of Point Molate. Located on the San Pablo Peninsula north of the Richmond-San Rafael Bridge, the site was previously used by the wine industry and later by the US Navy as a fuel storage area. After a long period of inaccessibility, the City is planning to expand public access to the Point Molate shoreline and shape the vision for future development in the area. An intensive community engagement effort took place through site tours, community workshops, a youth summit, expert panel discussions, and through digital tools to collect ideas and provide feedback throughout the visioning process. The participatory planning tools developed for the in-person workshops were adapted to be used on the project website to expand the level of accessibility for engagement. The visioning process produced land use alternatives for the development of Point Molate which include adaptive reuse ideas for the Winehaven Historic District, institutional and housing opportunities on the site, in addition to the opportunities for active recreation along the shoreline, and ecological protection and enhancement throughout the hillsides. The resulting vision document not only reflects the community’s goals for the future of Point Molate, but also includes the expertise of WRT’s consultant team to ensure that the future vision is successful in reaching its financial and sustainability goals. WRT led the consultant team for the Town of Windsor’s Civic Center Visioning Study. In parallel to the process of updating their General Plan, the Town initiated this study for the Civic Center and adjacent areas. Being cognizant of the importance of this space to the community – which is currently used for a variety of public services, including the town hall and administration facilities, law enforcement facilities and fleet parking, a public library, a public gym, and school district offices – the Town’s leadership hopes to guide future development of the study area in a way that will further develop a cohesive, vibrant mixed-use downtown and foster additional activation of the Town Green. To this end, the study provides direction for the urban form, public amenities, and economic viability of future development in the Civic Center Planning Area that builds upon the ongoing success of downtown Windsor. Ultimately guided by the Town’s General Plan, an Urban Structure Plan and Design Guidance document was the final outcome of this study and the basis for a developer RFQ, that WRT wrote on behalf of the Town, for one of the parcels in the project area. A developer was selected through a multi- stage selection process and is currently working on a design proposal. The Study followed the of success of the WRT-designed Town Green which is the heart of the Civic Center area, 15 years after it was built. Windsor Civic Center Visioning Plan Windsor, CA Third Street Rehabilitation San Rafael, CA WRT is collaborating with the CIty of San Rafael for their Third Street Complete Street Project. Third Street is a critical component of San Rafael’s transportation network serving tens of thousands each day. Marin County’s busiest transit node, the Bettini Transit Center brings nearly 9,000 people per day to and through Third Street as they use Golden Gate and Marin Transit services. As SMART continues to grow its system, it could bring thousands more transit users to the corridor. Third Street is not only important to San Rafael, but serves regional need linking Highway 101 and West Marin communities. The City of San Rafael has an allocation from the Transportation Authority of Marin through the Measure A program to rehabilitate Third Street. The City has hired a consultant team including Parisi Transportation Consulting to lead the Third Street study. The project includes holding a series of community meetings, technical working groups, and community working group meetings to better understand the stakeholder goals, review alternatives, and develop a preferred alternative for Third Street. The project will build on existing studies, community input, and city goals, congestion relief, safety enforcement, and complete street options for Third Street that assist stakeholders to understand and trade-offs of each resulting in the development of a preferred alternative for use in an environmental document and report to the city council. ,,-------------- ______ ...... ,,,,, .... I ---, _.,,------------;-···· I I --~ I I -~~ • L___ I ,'.S. ----J,' ,,,r PI.ANNEDPAOJECT, TYP. . ' . ' \ I ----;_s,o MARIN I I',, L __ :_ .. ~J .................... ........ --------,------ ... ..... __ -........... .. ---- ----------- --- ~-r CALTR / I I I I I ' ' ' , SMART RA.IL Sp{~ON SAN/TRANSIT CENTER ,,' O’ROURKE & ASSOCIATES PROPOSAL FOR TIBURON GENERAL PLAN UPDATE C-1 ATTACHMENT C: SELECTED SUBCONSULTANT RÉSUMÉS SELECTED PROJECTS Mill Valley General Plan Update Mill Valley, CA Yountville General Plan Yountville, CA Bothin Marsh Adaptation Framework and Conceptual Design Marin, CA San Francisco Bay Trail Risk Assessment and Adaptation Prioritization Plan San Francisco Bay, CA Strawberry Seminary Planning Marin County, CA Richardson Bay Anchorage Management Facilitation Marin County, CA Miller Avenue Streetscape Plan and Design Mill Valley, CA Muir Woods Transportation and Access Plan Mill Valley, CA Broadway / Valdez District Specific Plan Oakland, CA Castro Valley Redevelopment Strategic Plan + Castro Valley Boulevard Streetscape Design Castro Valley, CA Euclid + Market Land Use Master Plan San Diego CA Uptown Community Plan San Diego, CA The Alameda Urban Village Urban Design Study San José, CA Sir Francis Drake Boulevard Corridor Rehabilitation Greenbrae, CA John shares WRT’s deep commitment to environmentally rooted planning and design excellence. His work reflects his belief that open space infrastructure, whether at the scale of parks, landscaped plazas, or streets, is a crucial and integral part of creating quality urban environments. He is a practice leader in WRT’s Community Design, and Parks and Open Space practices where he is committed to enhancing community open space - from park system planning to detailed design - and expanding mobility options through complete streets, trails, and district pedestrian networks. Community engagement is fundamental to all facets of his work and his outreach skills are valued by clients who seek outcomes rooted in productive public dialogue. EDUCATION University of California, Berkeley, Master of Landscape Architecture University of California, Davis, Bachelor of Landscape Architecture AFFILIATIONS + AWARDS CA Landscape Architect #4417 American Society of Landscape Architects (ASLA) U.S. Green Building Council LEED Accredited Professional Miller Avenue (Mill Valley), Local Street Project of the Year Award, California Transportation Foundation, 2018 Mariposa Park, ASLA-NCC Merit Award, 2017 Adobe Systems Campus Landscape, ASLA-Utah Merit Award, 2015 Lake Merritt Park: Downtown + Neighborhood Edges, ASLA-NCC Merit Award, 2014 Richmond Memorial Civic Center, CPFS Preservation Design Award, 2010 Lake Merritt Municipal Boathouse, APWA Northern California Project of the Year, 2010 Richmond Memorial Civic Center, ABAG Building a Better Bay Area (Urban Design), 2010 David Brower Center / Oxford Plaza Housing, ABAG Building a Better Bay Area (Urban Design) + USGBC’s Green Super Heroes Award, 2009 ENGAGEMENT Frequent Design Critic to UC Berkeley and Academy of Art University “Landscape Urbanism: A New Environmental-ism for Design” Lecture UC Berkeley LARE (CA License) Preparatory Course Instructor Teaching Assistant to UC Berkeley Landscape Architecture and Urban Design Professors Member Local School District Facilities Steering Committee Lake Merritt Park: 10 Years Later - National ASLA Presentation JOHN R. GIBBS ASLA, LEED AP PRINCIPAL-IN-CHARGE // LANDSCAPE ARCHITECT + URBAN DESIGNER 8 SELECTED PROJECTS +project award Yountville General Plan Yountville, CA Strawberry Seminary Planning Marin County, CA Millbrae Priority Development Area Specific Plan Millbrae, CA Sonoma Developmental Center Master Land-Use and Reuse Plan Eldridge, CA Fresno Parks Master Plan Fresno, CA Hayward Area Recreation District (HARD) Parks Master Plan Alameda County, CA Tracy Citywide Parks, Recreation and Trails Master Plan Update Tracy, CA Portland Residential Infill Project * Portland, OR Portland Mixed Use Zones Project * Portland, OR Palmdale TOD Overlay Zone and Avenue Q Feasibility Study * Palmdale, CA Lake Merritt Station Area Specific Plan * Oakland, CA Southeastern + Encanto Neighborhood Community Plans +* San Diego, CA Turlock General Plan +* Turlock, CA * completed prior to joining WRT PETERWINCH AICP PROJECT MANAGER // ASSOCIATE | SENIOR PLANNER Peter has ten years of urban and regional planning experience, developing general and specific plans, parks system plans, zoning, and urban design studies at a range of scales and settings. He has led or contributed to general and community plans for Yountville, Turlock, Visalia, Pacifica, Half Moon Bay, and San Diego; specific plans in Oakland and Antioch; development standards to improve and incentivize mixed- use development and residential infill in Portland; and park system master plans for Fresno, Hayward, and San Luis Obispo. Peter is interested in diverse development patterns, connective street networks, and the relationship between the two. He seeks solutions that achieve multiple goals, contribute to livable cities, and grow out of the unique problems of each project. EDUCATION University of Michigan, Master of Urban Planning and Master of Urban Design Brown University, Bachelor of Arts, Urban Studies AFFILIATIONS + AWARDS Member, American Institute of Certified Planners (AICP) California APA San Diego Chapter, Comprehensive Plan Award, Large Jurisdiction, for Southeastern San Diego and Encanto Neighborhoods Community Plans, 2016 California APA Central Section, Outstanding Planning Award of Merit in Comprehensive Planning, Small Jurisdiction, Turlock General Plan, 2013 University of Michigan Taubman College of Architecture and Urban Planning, Raoul Wallenberg Fellowship, 2004 ENGAGEMENT San Francisco Education Fund, Tutor, 2016-present 8 Background Bob Brown, AICP, has 40 years of experience as a community development director or planning director in several progressive Bay Area communities including San Rafael, Novato, San Mateo, Palo Alto, Berkeley and Milpitas. He has experience in departmental management, preparation of numerous general and neighborhood plans, creation of innovative regulatory tools (including the first Junior Accessory Dwelling Unit ordinance), all with a focus on robust community involvement. He has prepared 3 new General Plans using staff resources. His focus has been on creating livable and sustainable communities that balance environmental, social and economic imperatives with practical implementation. Bob brings this expertise and practical knowledge of General Plan and Zoning Code implementation, public process and staff relations to prepare new plans and ordinances that respond to community-identified issues and provide easy utility by public, staff and decision makers. Education Master of Urban and Regional Planning (1980) San Jose State University, San Jose, California Bachelor of Sciences, Environmental Biology (1976) University of Santa Clara, Santa Clara, California Certificate in Sustainable Practices (2009) Dominican University of California, San Rafael, California Work History Community Development Director City of Novato, California (2012-2019) Community Development Director City of San Rafael, California (1998-2011) Community Development Director City of Milpitas, California (1994-1997) Chief of Planning City of San Mateo, California (1987-1994) Zoning Administrator City of Palo Alto, California (1980-1987) R OBERT M. B ROWN, A ICP -------=-----::!.,. __ ,_..,....;s,..;1iii@!iiiiil--&-••--.... ~NABLE COMMUNITY PLANNING 31 Alconbury Way, Novato CA 94949 415.506.4368 mobile 415.408.8293 sustainablebob@gmail.com General Plan Experience Novato General Plan 2035 (pending adoption 2020) Bob Brown and Christine O’Rourke managed the preparation of General Plan 2035 which seeks to balance the community’s desire to retain its small town character with visions of expanding opportunities for a bio-tech hub, infill housing near the downtown with a fine-grained form-based zoning code, and a vibrant mixed-use downtown. Themes of Sustainability and Healthy Eating/Active Living are highlighted. The 4-year process included well-received community charrettes for four focus areas, 11 policy white papers, and multiple venues and on-line opportunities for public engagement. The document achieves its goals of being very graphic and readable, and easy for staff implementation. San Rafael General Plan 2020 (2004) Bob Brown managed the preparation of General Plan 2020 with an emphasis on community-based planning. The process included assisting a 19-member Steering Committee and forty-five volunteers who served on four Task Groups to provide more detailed input on specific topic areas. Community design options for six focus areas were addressed through 2-day public charrettes with assistance from 48 volunteer architects. The Plan incorporated a Neighborhoods Element, condensing previous neighborhood plan policies, a Governance Element, an Economic Vitality Element and integrated the Downtown Vision and Vision North San Rafael. San Mateo General Plan 2000 and Downtown Transit Center Master Plan (1996) Teaching and Lectures Adjunct Professor, Dominican University of California, Sustainable Practices Certificate Program (2009-2014) American Planning Association National Convention (2003, 2005, 2007, 2010) American Planning Association California Chapter Conference (2006, 2008, 2009, 2010) California League of Cities Planning Commissioners Institutes (2002-2008, 2011) Association of Environmental Professionals California State Conference (1998-2003, 2006) Edge Cities Conference (2001) Awards Leadership in Sustainability Award – Marin Builders Association (2010) San Rafael General Plan 2020 – California Chapter American Planning Association (2005) San Rafael Downtown Specific Plan – Ahwahnee Award, Local Government Commission (2001) San Mateo General Plan 2000 – American Planning Association (1991) 31 Alconbury Way, Novato CA 94949 415.506.4368 mobile 415.408.8293 sustainablebob@gmail.com TJKM | VISION THAT MOVES YOUR COMMUNITY Planning • Engineering • ITS • Parking • Operations • Complete Streets Pleasanton | San José | Sacramento | Santa Rosa | Fresno AREAS OF EXPERTISE  Mobility & Land Use Planning  Transit & Station Area Planning  Bicycle & Pedestrian Planning  Corridor Studies  Complete Streets  Transportation Impact Studies/EIRs  Campus Planning  Parking  Transportation Demand Management (TDM)  Transit Oriented Development (TOD)  Vehicles Miles Traveled (VMT) YEARS OF EXPERIENCE 25 PROFESSIONAL HISTORY TJKM 2015 – Present Nelson\Nygaard 2009 – 2014 Fehr & Peers 2001 – 2009 City of Oakland 1998 – 2001 City of Seaside 1996 – 1997 City of Eugene 1995 – 1996 City of Tigard 1994 – 1994 EDUCATION M.C.R.P, California Polytechnic State University, San Luis Obispo, CA B.S., Political Science, University of Oregon, Eugene, OR Project Experience Tiburon General Plan Circulation Element Update: Baseline Conditions Report, Tiburon, CA, Town of Tiburon, 2014: prepared the Baseline Conditions report for the 2014 Circulation Element update that focused on ensuring conformance with the California Complete Streets Act. The Baseline Conditions report was prepared to guide Town staff, key decision makers and stakeholders in updating the Circulation Element. The report included an introduction to the concept of Complete Streets; an overview of the prior Circulation Element; summarized existing conditions for bicycles, pedestrians, motor vehicles, and public transit; and provided a discussion of potential changes to the Town’s vision, goals and policies to achieve complete streets goals. Tiburon 2020 General Plan EIR, Tiburon, CA, Town of Tiburon, 2005: prepared the transportation section of the General Plan EIR that evaluated potential impacts resulting from the land uses and transportation improvements identified in the Tiburon 2020 General Plan update. Tiburon Traffic Mitigation Fee Update, Tiburon, CA, Town of Tiburon, 2006: updated the Town of Tiburon’s traffic mitigation fee. The fee update quantified the “fair share” contribution to reflect anticipated development, resulting traffic and planned transportation improvements under the 2005 Tiburon General Plan. Seaside 2040 General Plan, Seaside, CA, City of Seaside., 2016-2019: Project Manager for a comprehensive update to Seaside’s Circulation Element incorporating complete streets components, multimodal performance metrics, revisions to citywide bikeway network, identification of pedestrian priority focus areas, and related land use and mobility projects in updating the CIP list. The bikeway network component includes a comprehensive revision to the City’s planned bikeway network that includes bicycle boulevard corridors, and bicycle lane options with lane width modifications on each of the City’s primary streets. ConnectMenlo General Plan, Menlo Park, CA, City of Menlo Park, 2014-2016: Task Leader on the project, which entailed updating the City’s General Plan to address regional commuting challenges, improve transit services, and remedy gaps in pedestrian/bicycle networks and parking., and the accompanying EIR. The General Plan updated concurrently with consideration of Facebook’s proposed campus expansion to over 17,000 employees. Key tasks included assessing travel demand, vehicle miles traveled (VMT) and multimodal circulation. Identified trip reduction strategies and multimodal improvement options. 2040 General Plan Update, Pittsburg, CA, City of Pittsburg, 2019-Ongoing: Project Manager responsible for developing an updated Circulation Element for the City of Pittsburg as part of a comprehensive General Plan Update. Opportunities for Mr. Burgett has over two decades of professional experience with expertise in multimodal transportation and integrated transportation/land use planning. He specializes in strategic planning for large-scale projects, including citywide transportation plans, large area plans, campus plans, bicycle and pedestrian master plans, EIR transportation studies, bus rapid transit (BRT) corridor studies, and transit station area plans. He has extensive experience with projects that emphasize corridor revitalization, transit-oriented development, and complete streets planning. Mr. Burgett manages projects that place a strong emphasis on facilitating the interactions between transportation systems, land use patterns and urban design components. Colin Burgett SENIOR PROJECT MANAGER TJK TJKM | VISION THAT MOVES YOUR COMMUNITY | Colin Burgett 2 enhancing multimodal mobility were identified based on review of current plans, policies and planned improvements, and public input. Complete streets components and update street classifications are being developed to incorporate multimodal components. Travel demand forecasting is being conducted utilizing the CCTA model. The updated element will provide a greater emphasis on multimodal transportation, including bicycle, motor vehicle, pedestrian, and transit circulation. Oakley General Plan Update, Oakley, CA, City of Oakley, 2019-Ongoing: Project Manager for a targeted update to the General Plan Transportation Element. The Plan update will include complete streets components, updated street classifications to incorporate multi-modal components. Opportunities for enhancing multi-modal mobility will be identified based on the existing conditions review, review of current plans, policies and planned improvements, and public input. He intends to provide his support on the multi-modal transportation planning emphasizing on bicycle and pedestrian. Vista 2035 General Plan, East Palo Alto, CA, City of Palo Alto, 2013-2014: Project Manager for update to the City’s Mobility Element. Provided a comprehensive assessment of multimodal circulation conditions, opportunities and constraints. Developed mobility concepts to support community land use and economic development goals, including an ambitious “road diet” concurrent with bicycle and pedestrian enhancements on the City’s key north/south thoroughfare that supports broader community goals. Rohnerville Airport Access Study, Humboldt County, CA, Humboldt County Association of Governments, 2018-2019: Project Manager for the transportation planning portions of study undertaken by the Humboldt County Association of Governments to assess opportunities to improve access to and from the Rohnerville Airport. Bascom Corridor Complete Streets Study, Santa Clara County, CA, Santa Clara Valley Transportation Authority (VTA), 2017: Task Leader that assessed existing multi-modal conditions and safety, developing complete streets design and multimodal operational solutions. Safe Routes to Downtown, Los Altos, CA, Passarelle Investment Company, 2014: Principal-in-Charge for a study focusing on enhancing connections to Downtown Los Altos for pedestrians and bicyclists across Foothill Expressway. The study investigated potential surface access improvements across Foothill Expressway at its intersections with Main Street and with West Edith Avenue. The Safe Routes to Downtown study developed several conceptual design alternatives to improve pedestrian crossings by redesigning the right-turn slip lanes, while also providing bicycle lanes for cyclists traveling on the expressway. Central Avenue Complete Streets, Albuquerque, NM, City of Albuquerque, 2012-2013: Principal-in-Charge who oversaw the transportation components of a community planning effort that focused on multimodal improvement options to enhance mobility on a two-mile study corridor between Downtown Albuquerque and the Nob Hill district. Regional Transit Access Study, Alameda, CA, City of Alameda, 2010-2013: Project Manager for a transit planning effort that focused on potential regional transit connections to serve the City of Alameda’s Priority Development Areas (PDAs) located on the City’s northern waterfront, including anticipated redevelopment of the former Alameda Naval Air Station. The study included development of Bus Rapid Transit (BRT) corridor options to complement ferry service and connect with regional BART stations, and transit access improvements including pedestrian buildouts, pathway segments, and bicycle lane segments with enhanced buffer treatments. General Plan Mobility Element, Petaluma, CA, City of Petaluma, 2002-2006: Prepared the Mobility Element and EIR Transportation Chapter for a comprehensive update to the Petaluma General Plan that included a comprehensive community outreach process. Developed multi-modal street typologies to modernize the city’s street classifications. Presented circulation concepts at public hearings. Comprehensive Pedestrian & Bicycle Master Plan, Belmont, CA, City of Belmont, 2015-2016: Task Lead for a comprehensive pedestrian and bicycle master plan, and the first such plan developed by the City of Belmont. Prepared a comprehensive needs assessment incorporating public input that informed network development. Developed citywide bikeway network and pedestrian priority improvement recommendations. Oversaw cost estimates. Worked closely with City staff and technical advisory committee and led walking tour. Prepared a strategic implementation plan and CIP list with recommended phasing. Transportation & Parking Studies, Windsor, CA, Town of Windsor, 2015- Ongoing: Project Manager for a half dozen transportation impact studies that assessed transportation impacts resulting from a proposed developments in Windsor, California including proposed mixed-use and hotel developments. Provided recommendations concerning parking supply. Complete Streets Policy, Dinuba, CA, City of Dinuba, 2019: developed a Complete Streets Policy document that included recommended changes to street design standards and a well-defined toolbox of solutions to assist long-term citywide multimodal planning and decision making. EXHIBIT 2 Town of Tiburon 7/20 1 Agreement for Professional Services TOWN OF TIBURON 1505 Tiburon Boulevard, Tiburon, CA 94920 AGREEMENT FOR PROFESSIONAL SERVICES Town of Tiburon General Plan Update and Environmental Analysis This Professional Services Agreement (the "Agreement") is dated______________, 2020 and is by and between the Town of Tiburon, a public body of the State of California ("Town") and O’Rourke and Associates, a sole proprietor relating to planning consulting services to prepare and manage the Tiburon General Plan Update. RECITALS: WHEREAS, Government Code section 53060 permit the City to enter into agreements for professional services with individuals specially trained and experienced and competent to perform those services; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, stipulated and agreed, the parties agree as follows: AGREEMENT: 1. DESCRIPTION OF CONSULTANT’S SERVICES. Services are as described in the Town’s Request for Proposals, and the following: The consultant team will complete the tasks as outlined within Exhibit 1, O’Rourke & Associates Tiburon General Plan Update, dated November 25, 2019. 2. COMPENSATION FOR CONSULTANT’S SERVICES. Compensation for the Services shall be (select one): [ x ] Lump Sum of $ 794, 019 with monthly progress payments for work completed; or [ ] Time and materials, per schedule of rates and charges included in Exhibit 1, with a guaranteed not to exceed price of $ . 3. EFFECTIVE DATE AND TERM. The effective date of this Agreement is __________________ and it shall terminate no later than _________________. 4. PERSONNEL SUPPLIED FOR CONSULTANT’S SERVICES. Consultant shall use only the personnel listed below (resumes attached) in performing the Services. (If subconsultants are used, list the firm, personnel and attach resumes). O’Rourke & Associates, Sustainable Community Planning (SCP), WRT, De Novo Planning Group, Saxelby Acoustics, and Peak and Associates 5. TERMS AND CONDITIONS. Consultant shall perform the Services identified herein, in accordance with the terms and conditions of this Agreement, including without limitation, terms regarding Compensation, Schedule, Personnel, Annex “A” Agreement Terms and Conditions, and Annex “B” Insurance. Consultant acknowledges its opportunity to negotiate such terms and conditions. Town of Tiburon 7/20 2 Agreement for Professional Services 6. LIMITATIONS. Changes made to printed Terms and Conditions on this Agreement are null and void unless approved in writing by the Town. 7. USE OF AGREEMENT. The Agreement number must appear on all invoices and correspondence. Send invoices in duplicate to Town of Tiburon, Community Development Department 1505 Tiburon Boulevard, Tiburon, CA 94920, immediately upon performance. 8. For purposes of this Agreement, Town and Consultant shall direct all communications to each other as follows: Town: Dina Tasini Director of Community Development Tiburon, CA 94920 Phone: (415 )435-7393 Email:dtasini@townoftiburon.org Consultant: Christine O’Rourke, Principal O’Rourke & Associates 20 Nunes Drive Novato, CA 49445 christine.o@comcast.net IN WITNESS WHEREOF the parties have executed this Agreement in duplicate as of the dates identified below. TOWN OF TIBURON: CONSULTANT: [Name and Title of Dept. Director] [Signature of Consultant] Date: [Please print name of Consultant] Town Manager Title: [If Corporation: Chairman, President, or Vice President] Date: Date: Attest: [Town Clerk] Approved as to form and procedure: Town Attorney Town of Tiburon 7/20 3 Agreement for Professional Services END OF DOCUMENT Town of Tiburon 7/20 Annex A - 1 Purchase Order for Professional Services ANNEX A – PURCHASE ORDER TERMS AND CONDITIONS This is an Annex to the Agreement for Professional Services Agreement dated __________ (“Agreement”) between the Town and Consultant, as described therein, for the provision of professional services (“Services”). ARTICLE 1 – TERMS OF PERFORMANCE 1.01 Agreement Force and Effect. The provisions of this Agreement constitute the entire agreement between the Consultant and Town regarding the Services, shall supersede all other prior purchase orders/agreements between Consultant and Town with respect to the Services, and shall control over any inconsistent provisions in any Consultant-prepared attachments hereto. No representation, term or covenant not expressly specified in this Agreement shall, whether oral or written, be a part of this Agreement. Town is not responsible for Services rendered without the authority of an Agreement on this form. 1.02 Performance of Services. Consultant represents that it possesses the requisite training, licenses and permits necessary to perform the Services, and that its performance of the Services shall conform to the standard of practice of a professional having specific experience and expertise in professional services of like nature and complexity of the Services. 1.03 Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its employees, agents, or subcontractors by federal or state law, Consultant warrants that such license has been obtained, is valid and in good standing, and shall be kept in effect all times during the term of this agreement. 1.04 Progress and Coordination. Upon Town’s request, Consultant shall provide Town with progress submittals showing status of Services, at times and increments as Town may reasonably request, and shall provide Town with a progress schedule for performance of the Services, at times and in a level of detail as Town may reasonably request. Consultant shall coordinate with Town and authorities with jurisdiction as necessary to perform the Services. Time is of the essence in the performance of the Services. 1.05 Plans, Specifications, Reports, Deliverables. Work product under this Agreement shall be professional in appearance, comply with the requirements of this Agreement and with design criteria established by Town, applicable laws and codes, and with all applicable professional standards. Services shall meet this standard within the agreed compensation and schedule; services necessary to correct work product, errors or omissions in work product, shall not entitle Consultant to an increase in compensation. 1.06 No Waivers. The granting of any payment, and any inspections, reviews, approvals or oral statements by any Town representative, or certification by any governmental entity, shall not limit or waive Consultant’s obligations under this Agreement. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of this Agreement, shall not be a waiver of any other right to which any party is entitled, and shall not in any way limit or modify that party’s right thereafter to enforce or compel strict compliance with every provision hereof. 1.07 Modifications. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Town and Consultant. Consultant’s authorized representative is the individual signing this Agreement unless Consultant otherwise informs Town in writing. 1.08 Payment Requests. Consultant shall submit all billings with all necessary invoices, time records, deliverables, or other appropriate evidence of performance, after which Town shall make payment at the earliest practicable time. If requested by Town to facilitate the payment process Town of Tiburon 7/20 Annex A - 2 Purchase Order for Professional Services and track progress, Consultant shall provide Town with an itemization of its compensation according to a Work Breakdown Structure (“WBS”) in a form Town supplies or approves (at Town’s option), that defines all Agreement tasks (Consultant’s and Subconsultants’), along with a project schedule defining the time line for each task, a project budget defining the planned man-hours and costs for each task, and a schedule of deliverables defining each deliverable to be provided to Town. 1.09 Scope of Compensation. Agreed method of compensation shall be full compensation for all Services required, performed or accepted under this Agreement, and Consultant shall not be entitled to compensation or reimbursement beyond or outside of agreed compensation. If Consultant previously commenced services within the scope of the Services, then the services performed and the compensation paid shall be subject to the terms of this Agreement. 1.010 Additional Services. Payment for Additional Services shall require a written addendum or amendment, negotiated and signed by the Consultant and Town prior to commencing work of Additional Services, providing for the scope, schedule and terms of compensation. ARTICLE 2 – LEGAL AND MISCELLANEOUS 2.01 No Assignment. Consultant shall not subcontract any portion of the Services or otherwise assign this Agreement without prior written approval of Town, and Consultant shall remain responsible for compliance with all terms of this Agreement, regardless of the terms of any such assignment. 2.02 Records and Audit. At Town’s request, Consultant shall make available to Town, its authorized agents, officers, or employees, for audit, photocopy or compilation, any and all ledgers, books of accounts, invoices, payrolls, vouchers, cancelled checks, correspondence, internal memoranda, calculations, drafts, and other records or documents evidencing or relating to the performance of the Services (hard copy or electronic), expenditures and disbursements charged to Town in connection with the Services. Consultant shall maintain such documents for at least three (3) years following completion of the Services. Such rights shall be specifically enforceable. 2.03 Independent Contractor. Consultant is an independent Contractor and does not act as Town’s agent in any capacity, whatsoever. Consultant is not entitled to any benefits that Town provides to Town employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the Consultant’s provision of Services, not the means, methods, or scheduling of the Consultant’s work. Consultant shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. Consultant shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as Town’s responsibility. 2.04 Indemnity/Liability. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), Consultant shall defend (with legal counsel reasonably acceptable to Town), indemnify, and hold harmless the Town of Tiburon, its officers, directors, officials, agents, employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of Consultant or its Subconsultants), of every kind, nature, and description, at law or equity, (including without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) (collectively “Liabilities”), that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of Consultant, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding Town of Tiburon 7/20 Annex A - 3 Purchase Order for Professional Services unpaid defense costs. The Consultant’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all other Liabilities, and in no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. 2.05 Conflict of Interest. Consultant represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, Consultant represents to and agrees with Town that Consultant has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing Town services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) Consultant may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services. 2.06 Confidentiality. Any information, whether proprietary or not, made known to or discovered by Consultant during the performance of or in connection with this Agreement for Town, will be kept confidential and not be disclosed to any other person. Consultant will immediately notify Town in writing if it is requested to disclose any information made known to or discovered by Consultant during the performance of or in connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to Town hereunder. 2.07 Ownership of Results. Any interest (including copyright interests) of Consultant or its contractors or subconsultants (together, “Subconsultants”), in studies, reports, memoranda, computational sheets, drawings, plans or any other documents (including electronic media) prepared by Consultant or its Subconsultants in connection with the Services, shall become the property of Town. To the extent permitted by Title 17 of the United States Code, work product produced under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of Town. In the event that it is ever determined that any works created by Consultant or its Subconsultants under this Agreement are not works for hire under U.S. law, Consultant hereby assigns to Town all copyrights to such works. With Town’s prior written approval, Consultant may retain and use copies of such works for reference and as documentation of experience and capabilities. As respects Consultant’s standard details and proprietary design instruments of service (not specific to this Agreement), however, Town shall have only a non-exclusive but otherwise unrestricted license to use the materials prepared in connection with this Agreement. 2.08 Non-Discrimination Policy. Consultant shall not discriminate against any employee or applicant for employment, nor against any Subconsultant or applicant for a subcontract, because of race, color, religious creed, age, sex, actual or perceived sexual orientation, national origin, disability as defined by the ADA or veteran’s status. To the extent applicable, Consultant shall comply with all federal, state and local laws (including, without limitation, all Town and Town ordinances, rules and regulations) regarding non-discrimination, equal employment opportunity, affirmative action and occupational-safety-health concerns, shall comply with all applicable rules and regulations thereunder, and shall comply with same as each may be amended from time to time. Consultant shall provide all information reasonably requested by Town to verify compliance with such matters. Consultant stipulates, acknowledges and agrees that Town has the right to monitor Consultant’s compliance with all applicable non-discrimination requirements, and may impose sanctions upon a finding of a willful, knowing or bad faith noncompliance or submission of information known or suspected to be false or misleading. 2.09 Termination and Suspension. (i) Town may, with or without cause, direct Consultant to suspend, delay or interrupt Services, in whole or in part, for such periods of time as Town may Town of Tiburon 7/20 Annex A - 4 Purchase Order for Professional Services determine in its sole discretion. (ii) Town may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Consultant commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of Town’s written notice to Consultant demanding such cure, in which case Consultant shall be liable to Town for all loss, cost, expense, damage and liability resulting from such breach and termination. (iii) Town may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever Town determines that such termination is in Town’s best interests, in which case Consultant shall be entitled to recover compensation and costs for services performed to the effective date of termination, but may recover no other cost, damage or expense. The Town may condition payment of such compensation upon the Consultant’s delivery to the Town of any and all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the Town in connection with this Agreement. Consultant shall continue its work throughout the course of any dispute, and Consultant’s failure to continue work during a dispute shall be a material breach of this Agreement. 2.010 Execution; Venue; Limitations. This Agreement shall be deemed to have been executed in the Town of Tiburon, County of Marin. The exclusive venue for all disputes or litigation arising out of this Agreement shall be in the Superior Court of the County of Marin, unless the parties agree otherwise in writing. Enforcement of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in this Agreement, nothing in this Agreement shall operate to confer rights or benefits on persons or entities not party to this Agreement. As between the parties to this Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Town’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause. ARTICLE 3 – CONSTRUCTION OF AGREEMENT 3.01 Headings. The headings in this Agreement are for convenience only and do not affect the construction of this Agreement. 3.02 Modifications. Modifications to this Annex “A” Agreement Terms and Conditions shall not be effective unless approved and initialed by Town’s Town Manager. ARTICLE 4 – CONSULTANT’S PROPOSAL AND OTHER CONSULTANT-PREPARED DOCUMENTS 4.01 Exhibit 1. Exhibit 1 consists of Consultant-prepared documents (e.g., Consultant’s rate sheet and proposal, if any) attached to this Agreement for reference only, defining further the scope of Consultant’s scope of Services hereunder. 4.02 Complementary Construction. This Agreement, its Annexes and attachments (including but not limited to the attached Exhibit 1) are deemed complementary; what is called for by one is as binding as if called for in both and shall be performed by Consultant. In the case of direct conflict, then the requirement providing Town with the broader scope of services shall have precedence. 4.03 Modifications. Exhibit 1 may not supplement, contradict or qualify Annex “A” Agreement Terms and Conditions, except as listed below and initialed by the Town Manager. 4.04 Named Personnel and Subconsultants. It is recognized that the named personnel and Subconsultants in the Agreement are not bound by personal employment contracts to Consultant, however, Consultant agrees that reassignment of any of the named personnel or Subconsultants during the Services requires prior written approval of Town, which approval shall not be unreasonably withheld. Under no circumstances may Consultant replace personnel or Town of Tiburon 7/20 Annex A - 5 Purchase Order for Professional Services Subconsultants with less qualified or less experienced personnel, without Town’s written consent, which may be withheld by Town on a reasonable belief of good cause. END OF ANNEX “A” Annex B - 1 Purchase Order for Professional Services SJ - San Jose #4822-9782-9058 v1 ANNEX B – INSURANCE REQUIREMENTS This is an Annex to the Agreement for Professional Services Agreement dated __________ (“Agreement”) between Town and Consultant, as described therein, for the provision of professional services (“Services”). ARTICLE 5 – INSURANCE Consultant’s Duty to Show Proof of Insurance. Prior to the execution of this Agreement, Consultant shall furnish to Town satisfactory proof that Consultant has taken out for the entire period required by this Agreement, as further described below, the following insurance, in a form satisfactory to Town and with an insurance carrier satisfactory to Town, authorized to do business in California and rated by A. M. Best & Company A- or better, financial category size VII or better, which will protect those described below from claims described below which arise or are alleged to have arisen out of or result from the acts or omissions of Consultant for which Consultant may be legally liable, whether performed by Consultant, or by those employed directly or indirectly by it, or by anyone for whose acts Consultant may be liable: 5.01 Commercial General Liability Insurance Commercial general liability insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, products liability, blasting, explosion, collapse of buildings or structures, damage to underground structures and utilities, liability for slander, false arrest and invasion of privacy arising out of construction management operations, blanket contractual liability, broad form endorsement, a construction management endorsement, products and completed operations, personal and advertising liability, with per location limits of not less than One Million Dollars ($1,000,000) general aggregate and One Million Dollars ($1,000,000) each occurrence. 5.02 Professional Liability Insurance Professional Liability Insurance, either limits of not less than One Million Dollars ($1,000,000) each occurrence or claim and Two Million Dollars ($2,000,000) aggregate, all with respect to negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured and with tail coverage for a period of five (5) years after the completion of the Services. 5.05 Additional Insured / Waiver of Subrogation Consultant shall include Town, its officers, officials, agents, employees and volunteers as Additional Insureds under the General Liability and Auto policies, and shall supply specific endorsements for same. The Additional Insured endorsement under the General Liability policy will be the Additional Insured – Town, Lessees or Contractors – Scheduled Person or Organization ISO Form CG2010 with the current applicable revision date. It is acceptable that the Additional Insured endorsement to provide “where required by written contract." Consultant shall obtain a specific endorsement to its workers’ compensation insurance policy waiving all rights of subrogation against the Town, its officers, officials, agents, employees and volunteers. 5.06 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability. 5.07 Written notice of cancellation of the policies shall be mailed to Town thirty (30) days in advance of the effective date thereof. Annex B - 2 Purchase Order for Professional Services SJ - San Jose #4822-9782-9058 v1 5.08 Insurance shall be primary insurance and no other insurance or self insured retention carried or held by any named or additional insureds other than that amount Consultant shall be called upon to contribute to a loss covered by insurance for the named insured. 5.09 Certificates of Insurance and Endorsements shall have clearly typed thereon the title of the Agreement, shall clearly describe the coverage and shall contain a provision requiring the giving of written notice. 5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant or any of its permitted subcontractors or subconsultants may be held responsible for payment of damages resulting from their operations. If Consultant fails to maintain any required insurance, Town may take out such insurance, and deduct and retain amount of premium from any sums due Consultant under this Agreement. END OF ANNEX “B” TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consideration of Actions Relating to the November 3, 2020 General Municipal Election Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY At the close of the nomination period, there were two candidates for two Town Council seats in the November 3, 2020 general municipal election. Tonight, the Council will consider the next course of action permitted by the California Elections Code, including the options to appoint the nominated candidates to office or to direct that the November 3, 2020 election be held. RECOMMENDED ACTION(S) 1. Consider adoption of a resolution (Exhibit 3) appointing the nominees to the Town Council; or 2. Direct staff to hold the election. BACKGROUND At the close of the nomination period on August 7, 2020, there were a total of two candidates for the two Town Council seats in the November 3, 2020 general municipal election. The persons nominated to the two seats are incumbents David Kulik and Holli Thier. Section 10229 of the California Elections Code provides that if no one or only one person is nominated for an office that is up for election, the legislative body may choose one of the following courses of action: 1. Appoint to the office the person(s) who has/have been nominated. 2. Appoint to the office any eligible voter if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. Please note that because two nominees have filed for the two seats, the second of the above options is not available. Staff posted a notice of these facts (Exhibit 1) at Town Hall on August 7, 2020 and published that notice in a newspaper of general circulation in the town on August 12, 2020 pursuant to TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 19, 2020 Agenda Item: AI-4 Town Council Meeting August 19, 2020 TOWN OF TIBURON PAGE 2 OF 2 Section 6061 of the Government Code. After the fifth day following the date of posting or publication, the Town Council can meet to either make the appointments or direct an election to be held. The persons appointed, if any, shall take office and serve exactly as if elected at a municipal election for the office. The appointees will be sworn in and commence their terms at the first regular Town Council meeting in December. Once an appointment has been made, the elections official shall not accept for filing any statement of write-in candidacy (Elections Code Section 10229 (c)). If the Council does not appoint the two nominees to fill the two seats by the 75th day before the election (August 20, 2020), pursuant to (1) or (2) above, the election will be held. ANALYSIS No further analysis provided. FINANCIAL IMPACT If the Council appoints the nominees to office, there is no anticipated direct fiscal impact to the Town. If the Council directs staff to hold the election, the election is estimated to cost between $1.50 - $3.00 per registered voter ($9,779 - $19,557). 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: 1. Consider adoption of a resolution (Exhibit 3) appointing the nominees to the Town Council; or 2. Direct staff to hold the election. Exhibit(s): 1. August 7, 2020 Notice 2. August 7, 2020 Certification of the Town Clerk 3. Draft Resolution Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 TOWN OF TIBURON NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED NOTICE IS HEREBY GIVEN that pursuant to § 10229 of the Elections Code of the State of California relating to the General Municipal Election in the Town of Tiburon to be held on Tuesday, November 3, 2020: As of the close of the nomination period on August 7, 2020, there are not more candidates than offices to be elected. The persons so nominated are: 1. David Kulik 2. Holli Thier That § 10229 of the Elections Code allows one of the following courses of action to be taken by the Town Council: 1. Appoint to the office the person(s) who has/have been nominated. 2. Appoint to the office any eligible voter if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. The Town Council will meet on August 19, 2020, to either make the appointment(s) or direct an election to be held. The person(s) appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. If, by the 75th day before the municipal election, no person has been appointed to the office(s) pursuant to (1) or (2) above, the election shall be held. If the Town Council makes an appointment pursuant to § 10229, Elections Code, the Town Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made. Lea Stefani Tiburon Town Clerk August 7, 2020 EXHIBIT 2 TOWN OF TIBURON PAGE 1 OF 2 MEMORANDUM To: Mayor and Members of the Town Council From: Town Clerk Lea Stefani Subject: November 3, 2020 General Municipal Election: Close of Filing Period Date: August 7, 2020 TOWN CLERK’S CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED At the close of the filing period today, two candidates have filed for two seats in the November 3, 2020 Town Council election – incumbents David Kulik and Holli Thier. Therefore, I, Lea Stefani, Town Clerk of the Town of Tiburon, do hereby certify that pursuant to §10229, Elections Code of the State of California, to the following facts relating to the General Municipal Election to be held on Tuesday, November 3, 2020: 1. At the close of the nomination period on August 7, 2020, there are not more candidates than offices to be elected. 2. The persons so nominated are: David Kulik Holli Thier 3. That §10229 of the Elections Code allows one of the following courses of action to be taken by the Town Council: a. Appoint to the office the person who has been nominated. b. Appoint to the office any eligible voter if no one has been nominated. c. Hold the election if either no one or only one person has been nominated. 4. A notice of these facts will be published on August 12, 2020 in a newspaper of general circulation in the town pursuant to §6061 of the Government Code. After the fifth day following the date of publication, the Town Council will meet to either make the appointment(s) or direct an election to be held. The person(s) appointed, if any, shall qualify to take office and serve exactly as if elected at a municipal election for the office. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 TOWN OF TIBURON PAGE 2 OF 2 5. If, by the 75th day before the municipal election (August 20), no person has been appointed to the office(s) pursuant to (1) or (2) above, the election shall be held. 6. If the Town Council makes an appointment pursuant to §10229, Elections Code, the Town Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made. Lea Stefani Town Clerk August 7, 2020 EXHIBIT 3 Page 1 of 2 Town Council Resolution No. XX-2020 DRAFT 08/19/2020 DRAFT RESOLUTION NO. XX-2020 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS TOWN THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 3, 2020 WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California, as of the close of the nomination period on August 7, 2020, there are not more candidates than offices to be elected and that Section 10229 of the Elections Code allows one of the following courses of action to be taken by the Town Council: 1. Appoint to the office the person who has been nominated. 2. Appoint to the office any eligible voter if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. WHEREAS, a notice was posted at Town Hall on August 7, 2020, and published in a newspaper of general circulation on August 12, 2020, pursuant to law. NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON, CALIFORNIA, DOES RESOLVE, DELCARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 10229 of the Elections Code of the State of California, the following action is being taken: (a) The following persons are being appointed to the offices to which they were nominated: NAME OFFICE TERM David Kulik Town Council Member 4 Years (commencing 12/2/2020) Holli Thier Town Council Member 4 Years (commencing 12/2/2020) SECTION 2. The election scheduled to be held on Tuesday, November 3, 2020, is now cancelled. SECTION 3. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for office. SECTION 4. The Town Clerk shall certify to the passage and adoption of this resolution and provide a copy to the Marin County Elections office. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on August 19, 2020. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Page 2 of 2 Town Council Resolution No. XX-2020 DRAFT 08/19/2020 ABSENT: COUNCILMEMBERS: ___________________________________ ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: ___________________________________ LEA STEFANI, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Smoking Ordinance Amendments banning the sale of Flavored Tobacco. Public Hearing to Consider Amendments to Municipal Code Title VI, Chapter 28 (Smoking and Tobacco Regulations); Town-initiated Amendments (Ordinance—First Reading) Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY To consider Municipal Code Amendments to ban the sale of flavored tobacco in the Town of Tiburon. RECOMMENDED ACTION(S) 1. Consider first reading of amendments to the Municipal Code to ban the sale of flavored tobacco in the Town of Tiburon. BACKGROUND The purpose of the proposed ordinance is to introduce regulations to prohibit the sale of flavored tobacco products resulting from a recommendation in the Marin County Civil Grand Jury. On May 16, 2019, the Grand Jury issued a report titled, “Vaping, An Under-the Radar Epidemic” (https://www.marincounty.org/-/media/files/departments/gj/reports-responses/2018-19/vaping-an-undertheradar-epidemic.pdf?la=en). The report was written to identify a growing health crisis concerning the use of vaping by Marin youth. Vaping is the action or practice of inhaling and exhaling the vapor produced by an electronic cigarette or similar device. The report described the following: • Vaping among Marin County 7,9, and 11 graders has doubled in the past two years. • Vaping products contain highly addictive nicotine, as well as other harmful substances. • Vaping cartridges contain as much nicotine as a pack of cigarettes per cartridge. • Vaping products are gateway drugs and young vapers frequently move to smoking cigarettes. • Vaping projects are expressly designed, flavored, and marketed to attract and hook adolescents. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 19, 2020 Agenda Item: PH-1 Town Council Meeting August 19, 2020 TOWN OF TIBURON PAGE 2 OF 3 The report identified that the greatest impact on reducing adolescent vaping would be to prohibit flavored tobacco products county-wide and has recommended that "all municipalities in the county that have not banned the same of flavored tobacco products should do so within the next year”. The Town of Tiburon was poised to respond after receipt of the Grand Jury report but due to staff changes, this item was delayed in coming before the Town Council. The Town of Tiburon has made efforts and great strides in regulation of smoking and tobacco use since 1992. These efforts include an update to Chapter 28 of the Municipal Code focusing on second-hand smoke occurring in 2011 (which, among other things, prohibited smoking in all apartment units), and revisions regarding electronic cigarettes and smoking marijuana adopted in 2014, 2017 and 2018, respectively. To continue the Town’s efforts and respond to the recommendations provided by the Marin County Grand Jury, staff is recommending amendments to Chapter 28 of the Town of Tiburon prohibiting the sale of Flavored Tobacco (Exhibit 1). The proposed Municipal Code amendment is provided with strikethrough (delete text) and double underline (new text). The proposed changes include additional definitions, signage and prohibition of all sales of flavored tobacco products throughout the Town of Tiburon. ANALYSIS Cities began banning sales of flavored tobacco products in 2014, after kid-friendly candy and fruit flavored “starter” tobacco products began to appear in stores. As of May 2019, California cities have included bans on the sale of flavored tobacco products including menthol cigarettes, and flavored vape products to respond to the increase in use amongst middle and high school age children. As of October 2019, at least 180 cities in California have adopted strong local tobacco retailer license laws representing over half the population of the State, including 36 jurisdictions in Sacramento, Yolo, Sonoma, Marin, and Contra Costa counties. Youth and young adults use flavored tobacco and vaping products more than any other age groups. Decreases in youth smoking initiation rates and youth smoking rates overall are very likely effects of this policy, given that flavor tobacco plays a significant role in influencing tobacco use or experimentation among youth. Flavored products are often the first tobacco products youth and young adults use. By decreasing access to these products, younger members of the community will benefit from not being exposed to the addictive effects of nicotine and the harmful chemicals in these products. The prohibition of sales of flavored tobacco will limit access to youth and deter tobacco use in general amongst the younger demographic. FINANCIAL IMPACT Adoption of the amendments would not have a direct fiscal impact on the Town. Possible increases in complaint response and enforcement efforts due to the expanded scope of the smoking regulations could be expected that might increase indirect costs to the Town. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of Town Council Meeting August 19, 2020 TOWN OF TIBURON PAGE 3 OF 3 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) and pursuant to Section 15305 involving minor alterations in land use limitations. RECOMMENDATION Staff recommends that the Town Council hold first reading of the proposed ordinance, waiving any additional readings, as follows: 1. The Town Council should hold a public hearing and consider any testimony. 2. If appropriate, move to read by title only and carry the motion; then read the title and hold a roll call vote to pass first reading, waiving any additional readings. 3. If passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council. Exhibits: 1. Draft Ordinance Prepared By: Dina Tasini, Director of Community Development EXHIBIT 1 Town of Tiburon Ordinance No. XXX N. S. Effective --/--/ Page 1 ORDINANCE NO. XXX N. S. 1 2 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN 3 OF TIBURON AMENDING PROVISIONS OF TITLE VI, 4 CHAPTER 28 OF THE TIBURON MUNICIPAL CODE 5 (SMOKING AND TOBACCO REGULATIONS) 6 7 The Town Council of the Town of Tiburon does ordain as follows: 8 9 Section 1. Findings. 10 11 A. On July 20, 2011 the Town Council adopted Ordinance No. 531 N. S. making 12 substantial revisions to its smoking and tobacco regulations; said regulations were 13 further amended in October 2014 by adoption of Ordinance No. 553 N. S. 14 addressing electronic smoking devices, and in June 2017 by adoption of Ordinance 15 No. 571 N. S. making various other amendments, and in July 2018 by adoption of 16 Ordinance 579 N. S. expanding prohibitions of smoking and tobacco product use. 17 18 B. The Town Council now desires to further revise the Town’s regulations concerning 19 smoking by expanding banning the sale of flavored tobacco within the Town of 20 Tiburon. 21 22 C. The Town Council held a public hearing on August 19, 2020 and heard and 23 considered any and all public testimony and correspondence on this matter. 24 25 D. The Town Council finds that all notices and procedures required by law attendant to 26 the adoption of this Ordinance have been followed. 27 28 E. The Town Council finds the amendments made by this Ordinance are necessary for 29 the protection of the public health, safety, and welfare. 30 31 F. The Town Council finds the amendments made by this Ordinance are consistent 32 with the goals and policies of the Tiburon General Plan and other adopted 33 ordinances and regulations of the Town. 34 35 G. The Town Council finds these amendments are covered by the general rule that the 36 California Environmental Quality Act (CEQA) applies only to projects that have the 37 potential for causing a significant effect on the environment pursuant to CEQA 38 Guidelines Section 15061(b)(3), and further finds that if the amendments were not 39 covered by the above section, the amendments would be categorically exempt 40 pursuant to Section 15305 of the CEQA Guidelines. 41 42 Section 2. Amendments to Title VI, Chapter 28. 43 44 Title VI, Chapter 28 of the Tiburon Municipal Code is hereby amended as follows: 45 ------------------ Town of Tiburon Ordinance No. XXX N. S. Effective --/--/ Page 2 (A) In Section 28-2, the following definitions have been added to read as 46 follows: 47 48 “Characterizing Flavor” means a distinguishable taste or aroma or both, 49 other than the taste or aroma of tobacco, imparted by a Tobacco Product or 50 any byproduct produced by the Tobacco Product. Characterizing Flavors 51 include but are not limited to, tastes or aromas related to any fruit, chocolate, 52 vanilla, honey, candy cocoa, dessert, alcoholic beverage, menthol, mint, 53 wintergreen, herb or spice. A tobacco Product shall not be determined to 54 have a Characterizing Flavor solely because of the use of additives or 55 flavorings or the provision of ingredient information. Rather it is the 56 presence of a distinguishable taste or aroma, or both, as described in the first 57 sentence of this definition, that constitutes a Characterizing Flavor. 58 59 "Electronic smoking device" shall mean an electronic or battery operated 60 device that delivers vapors for inhalation. This term shall include every 61 variation and type of such devices whether they are manufactured, 62 distributed, marketed or sold as an electronic cigarette, an electronic cigar, 63 an electronic cigarillo, an electronic pipe, an electronic hookah or any other 64 product name or descriptor. 65 “Flavored Tobacco” means any tobacco product that contains a constituent 66 that imparts a characterizing flavor 67 68 (B) In Section 28-10 – POSTING OF SIGNS, the item under (c) was changed to 69 (d). 70 71 (C) In Section 28-10 – POSTING OF SIGNS, the following was added as (c): 72 73 Every tobacco retailer, retail tobacco store, and every vendor of tobacco 74 products shall visibly post signage that says “Flavored Tobacco sales are 75 prohibited in the Town of Tiburon”. The letters on said signs shall be at least 76 one inch tall. 77 78 (D) In Section 28-11 – SALE OF TOBACCO PRODUCTS REGULATED, the 79 item under (d) was changed to (e). 80 81 (E) In Section 28-11 – SALE OF TOBACCO PRODUCTS REGULATED, the 82 item under (e) was changed to (f). 83 84 (F) In Section 28-11 – SALE OF TOBACCO PRODUCTS REGULATED, the 85 following was added at (d): 86 87 Sale of Flavored Tobacco products is prohibited. 88 89 Town of Tiburon Ordinance No. XXX N. S. Effective --/--/ Page 3 Section 3. California Environmental Quality Act 90 91 The City Council finds that adoption of this Ordinance is exempt from the California 92 Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the State CEQA 93 Guidelines because it can be seen with certainty that there is no possibility that the 94 adoption of the this Ordinance or it implementation would have a significant effect on the 95 environment. 96 97 Section 4. Severability. 98 99 If any section, subsection, clause, sentence, or phrase of this Ordinance is for any 100 reason held to be invalid or unconstitutional by a decision of a Court of competent 101 jurisdiction, such decision shall not affect the validity of the remaining portions of the 102 Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have 103 passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, 104 irrespective of the fact that any one or more sections, subsections, sentences, clauses, or 105 phrases may be declared invalid or unconstitutional. 106 107 Section 5. Effective Date. 108 109 This ordinance shall be in full force and effect thirty (30) days after the date of 110 adoption. Pursuant to the provisions of the California Government Code, a summary of this 111 ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town 112 Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) 113 publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) 114 post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) 115 days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a 116 newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the 117 Town Clerk a certified copy of the ordinance along with the names of those Council 118 members voting for and against the ordinance. 119 120 This ordinance was read and introduced at a regular meeting of the Town Council of 121 the Town of Tiburon, held on August 19, 2020, and was adopted at a regular meeting of the 122 Town Council of the Town of Tiburon, by the following vote: 123 124 AYES: COUNCILMEMBERS: 125 126 NAYS: COUNCILMEMBERS: 127 128 ABSENT: COUNCILMEMBERS: 129 130 131 132 ______________________________ 133 ALICE FREDERICKS, MAYOR 134 Town of Tiburon Ordinance No. XXX N. S. Effective --/--/ Page 4 TOWN OF TIBURON 135 ATTEST: 136 137 138 139 __________________________________ 140 LEA STEFANI, TOWN CLERK 141 LATE MAIL 1 From:Jaime Rojas JrTo:Alice Fredericks; Holli Thier; David Kulik; Jack Ryan; Jon WelnerCc:Lea StefaniSubject:Public Testimony - Agenda Item #PH-1Date:Wednesday, August 19, 2020 1:24:03 PMAttachments:Letter to Tiburon CA City Council (August 19, 2020).pdfCAUTION: This email originated from outside of the organization. Do not click links or open attachments unless yourecognize the sender and know the content is safe. Good Afternoon Mayor and Councilmembers: Please find attached a letter for public testimony on comments and concerns for agenda item PH-1 from the National Association of Tobacco Outlets. We thank you for your consideration. Regards, Jaime Rojas -- National Association of Tobacco OutletsLegislative Consultant 18653 Ventura Blvd., Suite 115 Tarzana, CA 91356 Tel: 213.400.8664 www.RCGcommunications.com I ] 17595 Kenwood Trail, Minneapolis, MN 55044 952-683-9270 www.natocentral.org August 19, 2020 Mayor Alice Fredericks Tiburon City Council Members 1505 Tiburon Boulevard Tiburon, CA 94920 RE: Proposed Flavored Tobacco Products Ban Dear Mayor Fredericks and Councilmembers: As the Executive Director of the National Association of Tobacco Outlets (NATO), a national retail trade association representing more than 60,000 retail stores nationally including several in Tiburon, I am writing to submit our comments and concerns regarding the proposal on your August 19, 2020 agenda to prohibit sale of all flavored tobacco products, including menthol cigarettes, many cigars, most smokeless and pipe tobacco, and flavored electronic smoking devices. Federal and State Actions on Tobacco Make Proposed Ordinance Unnecessary Congress and the State have responded to increased use of electronic cigarettes by underage persons. These actions are broad in scope and should be allowed to work to reduce tobacco product usage before an outright local ban on flavored tobacco products is considered. These actions include: • The FDA published a Guidance in February 2020 banning the sale of flavored electronic cigarettes with a removable cartridge or pod in response to increased use of such products by underage individuals. • In 2016, California became the second state to raise the legal age to purchase tobacco products from 18 to 21. This law addressed access to and use of tobacco products by 18 to 20-year olds. • The Vapor PACT bill moving through Congress would restrict online sales of electronic cigarettes to prevent underage individuals from obtaining these products over the Internet. • Manufacturers must file Pre-Market Tobacco Applications with the FDA by September 9, 2020 for any tobacco product that first came on the market after February 15, 2007. If a manufacturer does not timely file an application with the FDA, the product may not be sold. This deadline could result in many tobacco products being removed from the marketplace next month. Pandemic Impact and Economic Crisis Will Be Magnified by a Flavored Tobacco Product Ban: During the current emergency caused by the Coronavirus is not the time for the City to consider prohibiting the sale of legal products. Our convenience store members have experienced losses of 45% in gasoline sales and 20% or more in grocery, snack, beverage, and tobacco product sales, significant * NATO 17595 Kenwood Trail, Minneapolis, MN 55044 952-683-9270 www.natocentral.org numbers because convenience stores usually rely on tobacco product sales, including flavored tobacco products like menthol cigarettes, for approximately 36% of in-store sales. If flavored tobacco products are banned, hundreds of brands will be removed from store shelves and legal-age customers will drive to an adjacent city to buy not only their preferred tobacco products, but gasoline, grocery items and beverages. The result would be losses far greater than the current combined 65% declines in gasoline and other product sales. These retailers have done everything possible to survive the pandemic, but they will not survive an across-the-board ban on legal flavored tobacco products that results in even higher aggregate sales declines. Moreover, the closure of these stores will leave a deep void in the public’s need for retailers that sell gas, food, and beverages. Amendment to Proposed Ordinance: We ask the Council to consider exempting traditional flavored tobacco products (menthol cigarettes, and flavored smokeless products, pipe tobacco, and cigars) and tobacco and menthol flavored electronic cigarettes from the flavor ban because: • The California Healthy Kids Survey of 11th Graders in the Tamalpais Union High School District for 2017-18 shows these traditional tobacco products are not the issue with youth: o 78% had never smoked a cigarette; only 9% had smoked in the previous 30 days. o 89% had never used smokeless products; only 3% used them in the previous 30 days. o Use of cigars and pipe tobacco are not even surveyed, suggesting even lower rates. o In the same 30-day period, 33% of 11th graders had used an electronic cigarette, 47% had used alcohol, 33% reported binge drinking and 40% had used marijuana. Use of cigarettes and other traditional tobacco products is not the problem for Tiburon 11th graders. • The California legislature is considering Senate Bill 793 to ban flavored tobacco products statewide. A local flavored product ban should be postponed, avoiding putting Tiburon’s retailers at a severe disadvantage to stores in nearby jurisdictions. • Adults age 21 and over who have transitioned to using tobacco or menthol-flavored electronic cigarette products should be allowed to continue to purchase these two products while other flavors of electronic cigarettes could be prohibited to reduce underage use. The Council should also be aware that six lawsuits have recently been filed by manufacturers and retailers against local tobacco flavor bans across the nation, including San Diego County, Los Angeles County, and the City of Palo Alto. (The Los Angeles County lawsuit has been dismissed, but is subject to appeal.) Passing a ban may subject the city to a similar legal response. Our retail members share everyone’s interest in keeping tobacco products out of the hands of persons under 21 years old, but the ordinance overreaches because the main concern should be with only restricting certain flavored vapor products that may be desired by underage individuals. Sincerely, Thomas A. Briant NATO Executive Director LATE MAIL 2 From:Benjamin Stock To:Greg Chanis; Dina Tasini; Lea Stefani Subject:FW: Town of Tiburon Flavored Tobacco Ban Date:Wednesday, August 19, 2020 3:15:41 PM Attachments:image001.pngimage003.png20200707 SB 793 Hookah Exemption Senator Hill.mp4 From: A Fredericks [mailto:askalicenow@usa.net] Sent: Wednesday, August 19, 2020 3:01 PMTo: Benjamin StockSubject: Fwd: Town of Tiburon Flavored Tobacco Ban 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. ---------- Forwarded message ---------From: Rima Khoury <rima@fumari.com>Date: Wed, Aug 19, 2020 at 2:01 PMSubject: Town of Tiburon Flavored Tobacco BanTo: afredericks@townoftiburon.org <afredericks@townoftiburon.org>,hollithiertiburontowncouncil@gmail.com <hollithiertiburontowncouncil@gmail.com>,dkulik@townoftiburon.org <dkulik@townoftiburon.org>, jryan@townoftiburon.org<jryan@townoftiburon.org>, jwelner@townoftiburon.org <jwelner@townoftiburon.org> Dear Mayor and Councilmembers, Before you inadvertently vote to ban the thousand year cultural tradition of hookah in the Town of Tiburon pleaseunderstand the facts.There is no teen hookah epidemic. The FDA and CDC reports have made it clear that hookah is not the problemwith youth. There are no facts that support a ban on hookah. All hookah is flavored yet is used far less by high schoolers than cigarettes, smokeless tobacco, cigars and e-cigarettes, just 3.4 %. TOBACCO PR01DUCT USE AMl10 _ G Hl:,GIH SCHIOOL STUDENTS 27.S% 7 .6 % 5 .8 % .8 % 1.1% .... ,. • co p,ocklct L rn mor, t bit.ly/NYTS-20 9 -&al>Mc.D (~CDC ,u C _._ Hookahs are not being confiscated in schools. Hookahs are 3 feet tall and cannot be easily concealed in your pocketor backpack like vape. Hookahs take 25 – 30 minutes to set up and need hot coals, therefore it cannot be smokedduring recess in the bathroom at school. Hookah’s cost over $200 for all the parts and accessories, making it out ofreach for most kids. California Gov. Gavin Newsom stated in his executive order address on September 16, 2019 that “hookah is not theproblem in classrooms”. Furthermore, FDA recently stated in their Guidance for the Industry dated January 2020 that although data showsthat flavored tobacco entice youth, that such data does NOT appear to raise comparably urgent public healthconcerns with youth usage of hookah products because the lower prevalence of youth use of these products suggeststhat they do NOT appear to be as appealing to youth at this time. Emphasis added. Hookah is not the problem. Yet hookah is becoming collateral damage in the war against vape. Hookah is not vape. Hookah has been practicedfor over a thousand years by Arabs, Persians, Armenians, Turks and Indians, many of which have immigrated toAmerica and still practice their cultural traditions. Hookah is the center piece of social gatherings and is oftenoffered to guests as a sign of hospitality and respect. Many immigrant small business owners have built their business doing what they know from their home country. Often times they work 20 hour days, seven days a week to support multiple generations of their family. Rather thanbanning hookah and crippling these immigrant small business owners, consider passing reasonable regulations thataddress youth usage and access. Many of these business owners that have been operating legally for years would behappy to work with law makers to address youth access issues. These hookah lounge and retailer owners often haveseveral years remaining on their leases and have personally guaranteed their leases. They will not only lose theirbusiness, but their homes and no longer be able to support their family and extended family. A tobacco flavor ban is a ban on hookah because it only comes in flavors. Even hundreds of years ago hookahwas made with molasses and honey. The federal government has recently passed a 21 and over minimum for tobacco products across all fifty states. Inaddition, the FDA has passed an e-cigg ban on flavored cartridges. September 9, 2020 is the FDA deadline for allvape and hookah products to be accepted for FDA review, after which any products without FDA authorization willbe unlawfully on the market and their products seized and injunctions restricting sales will be issued along with finesand penalties. The federal government is addressing the youth access issue and also providing legislation across theboard, eliminating the patchwork of laws from city to city and closing loop holes for bad actors to skirt the law. Please note that hookah has been exempted from the California State flavored tobacco ban, SB793, because of itscultural significance and that it is fundamentally different from vape. Please see attached video and link below ofSenator Hill, author of the bill, explaining why hookah was exempted from SB793 at the Senate Appropriations hearing on June 25th, 2020. This bill passed with 31 yes and 4 no votes and will now go to the Assembly for a voteon or before August 31, 2020. https://www.youtube.com/watch?v=VDGwfdD7eJk Senator Hill learned the difference between vape and hookah and understood that hookah was not the problem andtook steps to exempt it due to its cultural significance. We ask that the Town of Tiburon do the same. Please exempt hookah and preserve our cultural tradition. Thank you. https://www.youtube.com/watch?v=9qlUH3hmvUcThe Culture of Hookah | An Exploration of History and Tradition RIMA KHOURY, ESQ.GENERAL COUNSEL (619) 331-3535 EXT. 723 FUMARI INC. The information in this email is confidential. It is intended only for the use of the individuals or entities named above. You are hereby notified that if you are not the intended recipient, or employee or agent responsible for delivering it to the intended recipient, any use, dissemination, distribution or copying of the information in this email is strictly prohibited. If you receive this email in error, please notify us immediately by telephone and delete the original. Thank you. -- Alice FredericksMayorTown of Tiburon(415) 435-7373