Loading...
HomeMy WebLinkAboutTC Agd Pkt 2021-03-31 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council March 31, 2021 Special Meeting 3:45 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/97690642465 Webinar ID: 976 9064 2465 Call-in Number: +1 669 900 6833 Access Code: 976 9064 2465 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 – 3:45 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Kulik, Councilmember Ryan, Vice Mayor Welner, Mayor Thier CLOSED SESSION 1. CONFERENCE WITH PROPERTY NEGOTIATORS Property: (500 Tiburon Boulevard, Tiburon, CA) Town Negotiator: (Town Manager and Town Attorney) Negotiating Parties: (Richardson Bay Sanitation District) Under Negotiations: (Concerning price and terms of payment) 2. CONFERENCE WITH LABOR NEGOTIATORS Town designated representatives: (Director of Administrative Services Suzanne Creekmore, Town Manager Greg Chanis, and Special Counsel Winter Hankins) Employee organization: (Tiburon Police Officer Association and Service Employees International Union) ADJOURNMENT – to special meeting CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Kulik, Councilmember Ryan, Vice Mayor Welner, Mayor Thier ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATIONS P-1. Introduction of New Town Staff – Ryan Monaghan, Chief of Police CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. CC-1. Town Council Minutes – Adopt minutes of March 17, 2021 special and regular meetings of the Town Council (Department of Administrative Services) CC-2. Investment Summary – Adopt investment summary for month ending February 28, 2021 (Department of Administrative Services) CC-3. Marin Emergency Radio Authority – Appoint Chief of Police Ryan Monaghan to serve as the Town’s representative to the Marin Emergency Radio Authority (Department of Administrative Services) CC-4. Electronic Signature Policy – Adopt adminisistrative policy that would authorize Town staff to utilize electronic signatures in lieu of manual (or “wet”) signatures on appropriate Town records (Department of Administrative Services) ACTION ITEMS AI-1. Climate Emergency Resolution – Consider adoption of a Climate Emergency Resolution (Office of the Town Manager) AI-2. Diversity Inclusion Task Force Appointment – Consider appointment to the Diversity Inclusion Task Force (Department of Administrative Services) AI-3. Hawthorne Utility Undergrounding District – Consider: (1) adoption of a resolution that would set a Public Hearing for Change Proceedings for 683 Hilary Drive; (2) approval of agreements with Pacific Gas & Electric; and (3) authorization of award of construction contract to Ranger Pipeline and for the Town Manager to approve change orders up to 20% (Department of Public Works) AI-4. Appeal Procedures – Consider amendments to resolution outlining Town Council appeal procedures (Office of the Town Manager) TOWN COUNCIL REPORTS TOWN MANAGER REPORT ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town’s website, www.townoftiburon.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. Page 1 of 4 Tiburon Town Council Minutes #05-2021 March 17, 2021 TOWN COUNCIL SPECIAL AND REGULAR MEETING DRAFT MINUTES Consistent with Executive Orders No. N-25-20 and N-29-20 from the Executive Department of the State of California and the County Public Health Department’s May 18, 2020 Shelter-in-Place Order, councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to be included in the public record for the meeting. SPECIAL MEETING – 4:50 P.M. Mayor Thier called the special meeting of the Tiburon Town Council to order at 4:50 p.m. on Wednesday, March 17, 2021. CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: Kulik PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Town Clerk Stefani ORAL COMMUNICATIONS Mark Monterastelli spoke about vegetation management and tree removal processes for undesirable trees. INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS •Kelly Turbin, Building Code Appeals Board ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. Mayor Thier called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on Wednesday, March 17, 2021. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: Kulik DR A F T Page 2 of 4 Tiburon Town Council Minutes #05-2021 March 17, 2021 PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Public Works/Town Engineer Palmer, Director of Community Development Tasini, Senior Planner Fong, Town Clerk Stefani ORAL COMMUNICATIONS There were none. CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes of October 7, 2020 regular meeting of the Town Council (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes of February 24, 2021 special meeting of the Town Council (Department of Administrative Services) CC-3. Town Council Minutes – Adopt minutes of March 3, 2021 special and regular meetings of the Town Council (Department of Administrative Services) CC-4. 58 Claire Way – Adopt resolution denying appeal of Site Plan and Architectural Review for a proposal at 58 Claire Way (Community Development Department) CC-5. Grand Jury Response – Approve Town’s response to Marin County Civil Grand Jury Report titled: Roadblocks to Safer Evacuation in Marin (Office of the Town Manager) CC-6. Ordinance – Adopt ordinance that would prezone 4576 Paradise Drive to RPD (Residential Planned Development) (Community Development Department) MOTION: To adopt Consent Calendar Items No. 1-6, as written. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik ACTION ITEMS AI-1. Appointments to Town Boards & Commissions – Consider appointment to the Building Code Appeals Board (Department of Administrative Services) MOTION: To appoint Kelly Turbin to the Building Code Appeals Board. Moved: Fredericks, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik DISCUSSION ITEMS DR A F T Page 3 of 4 Tiburon Town Council Minutes #05-2021 March 17, 2021 DI-1. Climate Emergency – Discuss adoption of a Climate Emergency Resolution (Office of the Town Manager) Public comment was received by: Sanna Thomas, Pat Goss, Pat Carlone, Max Perry, Reyes Lake, Jeanne Rizzo, Harita Kalvai, Aimee Lapic, Will Creutz, Jack Lapic, Erin Hayes Weibel, Robert Miller, Sally Bingham, Carolyn Losee, Marilyn Price, Hazel Carter Hattem, Christine Miller, Jane Elkins, and Louise Lipsey, who all spoke in favor of adoption of a Climate Emergency Resolution. The Council agreed the Climate Emergency Resolution would be reviewed by the Town’s ad hoc subcommittee on sustainability and would be proposed for adoption at the March 31, 2021 Town Council special meeting. PUBLIC HEARINGS PH-1. St. Hilary School – Consider appeal of a public facilities fee (street impact fee) imposed by building permit #20-003 for proposed improvements to St. Hilary School (Department of Public Works) Owners/Applicant: St. Hilary School/Adrian J. Gordon Address: 765 Hilary Drive Assessor Parcel No.: 055-253-22 Public comment was received by Chelsea Schlunt, who spoke in favor of granting the appeal. MOTION: To deny the appeal and fee waiver application. Moved: Fredericks, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik PH-2. 687 Hilary Drive – Consider appeal of Design Review Board approval of a new single-family dwelling at 687 Hilary Drive (Community Development Department) Owners/Applicant: Christian and Basia Terrell Appellant(s): Gary and Marybeth Sheppard Address: 687 Hilary Drive Assessor Parcel No.: 055-211-08 Public comment in favor of granting the appeal was received by Thomas Unger, Richard Sideman, Ken Weil, and Sally Rankin. Public comment in opposition to granting the appeal was received by Jane Colwell. MOTION: To continue the appeal to the April 21, 2021 Town Council meeting to allow time for the parties to bring a resolution back to the Town Council; if the parties cannot reach an agreement by April 21, 2021, and if both parties have not requested a DR A F T Page 4 of 4 Tiburon Town Council Minutes #05-2021 March 17, 2021 time extension, then the item will be remanded to the Design Review Board with specific direction that the Design Review Board look at massing, size, neighborhood character, and privacy. Moved: Thier, seconded by Welner VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik DISCUSSION ITEMS DI-2. Diversity Inclusion Task Force – Discuss appropriate next steps for filling the remaining open seat on the Diversity Inclusion Task Force MOTION: To consider the next appointment for the Diversity Inclusion Task Force based on the smaller pool of applicants as established by those applicants that progressed to, received at least one vote during, and were not previously appointed during, the Council’s second round of applicant deliberations at their February 3, 2021 meeting. Moved: Fredericks, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: Kulik TOWN COUNCIL REPORTS There were none. TOWN MANAGER REPORT Town Manager Chanis said the regular 4/7/21 Town Council meeting would be cancelled, and a special meeting had been scheduled for 3/31/21. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thier adjourned the meeting at 9:15 p.m. HOLLI THIER, MAYOR TOWN OF TIBURON 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 Administrative Services Subject: Recommendation to Accept the February 2021 Investment Summary Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Staff provides the Town Council a monthly report on the Town’s investment activity. This report is for the month ended February 28, 2021. RECOMMENDED ACTION(S) 1. Staff recommends that the Town Council: Move to accept the Investment Summary for February 2021 BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town’s investment activities for the monthly period ended February 28, 2021. All of the funds listed below are on deposit with the Local Agency Investment Fund (LAIF). ANALYSIS February 2021 Agency Investment Amount Interest Rate Maturity Local Agency Investment Fund (LAIF) – Beginning Balance as of 02/01/2021 $22,144,616.54 0.407 % Liquid Deposits $0.00 Withdrawals $650,000.00 Interest Earnings (Posted Quarterly) $0.00 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 31, 2021 Agenda Item: CC-2 1-I l I I I - - -- L I I I I I Town Council Meeting March 31, 2021 TOWN OF TIBURON PAGE 2 OF 2 Total Ending Balance as of 02/28/2021 $21,494,616.54 The total invested at the end of the prior month was $22,144,616.54. A withdrawal in the amount of $650,000.00 was made on 02/26/2021 to release the $620,000.00 security deposit for the Parente Vista Subdivision project. In addition to the funds on deposit with LAIF, the Town invests funds in two Section 115 Irrevocable Trusts for Other Post-Employment Benefits and pension obligations. These trusts are administered by Public Agency Retirement Services (PARS). The PARS February 2021 Statement is attached to this report as Exhibit 1. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing – safety, liquidity and yield in this respective order. ENVIRONMENTAL REVIEW Staff has preliminarily determined that acceptance of this investment summary is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for February 2021 Exhibit(s): 1. PARS Section 115 Trust Account Summary for February 2021 Prepared By: Suzanne Creekmore, Director of Administrative Services EXHIBIT 1 PUBLIC AGENcy RETIREMENT SERVICES PARS TOWN OF TIBURON PARS Post-Employment Benefits Trust Greg Chanis Town Manager Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Account Summary Balance as of Source 2/1/2021 OPEB $2,867,514.55 PENSION $1,724,675.67 Totals $4,592,190.22 Investment Selection Source OPEB PENSION Balanced Index PLUS Moderately Conservative Index PLUS Investment Objective Source RECEIVED MAR 2 3 2021 TOWN MANAGERS OFFICE TCMN OFllBUAat Contributions Earnings Expenses $0.00 $46,861.43 $2,231.98 $0.00 $3,123.81 $1,351.30 $0.00 $49,985.24 $3,583.28 Account Report for the Period 2/1/2021 to 2/28/2021 Balance as of Distributions Transfers 2/28/2021 $0.00 $0.00 $2,912,144.00 $0.00 $0.00 $1,726,448.18 $0.00 $0.00 $4,638,592.18 OPEB _Ilie dual_go_al~ of the _!3alanced Strategy are growth of principal and income. While dividend and interest income are an important component of the objective's total return, it is expected that capital appreciation will comprise a larger portion of the total return. The portfolio will be allocated between equity and fixed income investments. PENSION The dual goals of the Moderately Conservative Strategy are current income and moderate capital appreciation. The major portion of the assets is committed to income-producing securities. Market fluctuations should be expected. Investment Return Source OPEB PENSION 1-Montb 1.63% 0.18% 3-Months 4.44% 1.39% 1-Year 18.69% 10.18% 3-Years 9.20% Information as provided by US Bank, Trustee for PARS; Not FDIC lnsured; No Bank Guarantee; May Lose Value Annualized Return 5-Years IO-Years Plan's lncoption Date 9/15/2016 7/10/2018 Past performance docs not guarantee future results. Performance returns may not reflect the deduction of applicable fees, which could reduce returns. Information is deemed reliable but may be subject to change. Investment Return: Annualized rate of return is the return on an investment over a period other than one year multiplied or divided to give a comparable one-year return. Account balances are inclusive of Trust Administration, Trustee and Investment Management fees Headquarters-4350 Von Karman Ave., Suite 100, Newport Beach, CA 92660 800.540.6369 Fax 949.250.1250 www.pars.org TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Appointment to the Marin Emergency Radio Authority Governing Board Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider making an appointment to the Marin Emergency Radio Authority (MERA) Governing Board. RECOMMENDED ACTION(S) Adopt the attached resolution (Exhibit 1) appointing Chief of Police Ryan Monaghan as the Town’s representative to the Governing Board of the Marin Emergency Radio Authority. BACKGROUND It has been the Town’s historical practice to appoint the current Chief of Police as the Town’s primary representative to the Governing Board of the Marin Emergency Radio Authority. Chief Jamie Scardina was appointed last fall in his capacity as Tiburon’s interim Chief of Police. With the arrival of Chief Ryan Monaghan, staff recommends the Council appoint Chief Monaghan to the MERA Governing Board. The resolution appointing Chief Monaghan to the MERA Governing Board is attached as Exhibit 1 and reflects the effective date of his appointment as his first official day with the Town, April 5, 2021. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by adoption of this item. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 31, 2021 Agenda Item: CC-3 Town Council Meeting March 31, 2021 TOWN OF TIBURON PAGE 2 OF 2 ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the Town Council adopt the attached resolution appointing Chief of Police Ryan Monaghan as the Town’s representative to the Governing Board of the Marin Emergency Radio Authority. Exhibit(s): 1. DRAFT Resolution Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 Page 1 of 1 Town Council Resolution No. XX-2021 DRAFT 03/31/2021 DRAFT RESOLUTION NO. XX-2021 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPOINTING A REPRESENTATIVE TO THE MARIN EMERGENCY RADIO AUTHORITY GOVERNING BOARD WHEREAS, the Federal Government has made certain radio frequencies available to local agencies in Marin County for the operation of a public safety and emergency radio system; and WHEREAS, numerous local agencies within Marin County have entered into a Joint Powers Agreement establishing the Marin Emergency Radio Authority, including the County, all cities and towns and numerous special districts; and WHEREAS, pursuant to the Joint Powers Agreement, each member entity of the Radio Authority is entitled to appoint one representative and up to two alternates to the Governing Board of the Authority. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: Section 1. Effective April 5, 2021, the following position is hereby designated as the representative to the Marin Emergency Radio Authority Governing Board, and authorized to take all actions necessary to meet the duties and obligations of the Joint Powers Agreement: Ryan Monaghan, Chief of Police PASSED, APPROVED AND ADOPTED at a regular meeting of the Town Council, held this 31st day of March by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Electronic Signature Policy Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider adoption of a policy that will allow the Town to utilize electronic signatures in lieu of manual (or “wet”) signatures on appropriate documents. RECOMMENDED ACTION(S) 1. Adopt the Electronic Signature Policy (Exhibit 1). BACKGROUND The Town seeks to implement guidelines for the use and acceptance of electronic signatures. The attached policy (Exhibit 1) provides guidelines that comply with various laws that govern the validity of electronic signatures and common best practices for use of electronic signatures. ANALYSIS Required Criteria The proposed policy authorizes the use of electronic signatures on Town documents so long as certain guidelines regarding the security and integrity of electronic signatures are met. An electronic signature is a valid signature if: (1) each party intended to sign the document; (2) each party consents to using electronic signatures; (3) signature metadata is captured and recorded; and (4) the signed document must be capable of retention and storage. The proposed policy will require staff to meet the following additional criteria for an electronic signature to be recognized as valid: (1) the signature must be capable of verification; (2) the signature must be under the sole control of the person using it; and (3) the document either becomes locked for editing or tracks edits made after the electronic signature is affixed. AdobeSign and Docusign are common examples of vendors that meet all these criteria. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 31, 2021 Agenda Item: CC-3 Town Council Meeting March 31, 2021 TOWN OF TIBURON PAGE 2 OF 2 Use of Electronic Signatures The policy gives the Town Manager discretion to implement policies and procedures to ensure the terms of the policy, and the above criteria, are met. Additionally, the Town Manager is given discretion to determine whether the use of electronic signatures is appropriate on a given document, unless that document is already expressly prohibited for use of electronic signature by the written policy or other laws. The policy does not require staff to utilize electronic signatures in all circumstances but does encourage their use as a step toward more instantaneous communication and further improving the manner and speed with which the Town conducts business. Adoption of a policy will allow staff the option of utilizing electronic signatures in a secure manner on written correspondence, contracts, agreements, legislative documents (adopted resolutions, minutes), and other internal or external transactions. FINANCIAL IMPACT A standard electronic signature software license costs approximately $25/month. 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 approve the Electronic Signatures Policy. Exhibit(s): 1. DRAFT Electronic Signature Policy Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 Page 1 of 3 Electronic Signature I. Background and Purpose The Town of Tiburon (“Town”) seeks to implement guidelines for the use and acceptance of electronic signatures, in lieu of written (or “wet”) signatures, that comply with the requirements of California Government Code 16.5, the United States Electronic Signatures in Global and National Commerce (ESIGN) Act, the California Uniform Electronic Transaction (UETA) Act, and other applicable regulations. This policy authorizes the use of electronic signatures on Town documents while allowing the Town to strike a balance between the flexibility desired in transactions and the need for signature security and integrity. Specifically, this policy establishes that electronic signatures shall be valid and effective on Town records and documents so long as certain guidelines regarding the security and integrity of the electronic signatures are met. Affixing an electronic signature to a document in a manner consistent with this policy shall satisfy the Town’s requirement for signing a document. II. Validity of an Electronic Signature The United States ESIGN Act and the California UETA require the following four elements for an electronic signature to be recognized as valid under U.S. and State law: 1. Intent to Sign – Electronic signatures, like traditional, handwritten signatures, are valid only if each party intended to sign. 2. Consent – The parties to the transaction must consent to do business electronically. 3. Data Association – The system used to capture the transaction must keep an associated record that reflects the process by which the signature was created or generate a textual or graphic statement (which is then added to the signed record) proving that it was executed with an electronic signature. 4. Record Retention – Electronic signature records should be capable of retention and accurate reproduction for reference by all parties or persons entitled to retain the record. III. Procedures The Town Manager has the authority to develop administrative policies and procedures to the extent necessary to implement the terms of this policy. The use of electronic signatures is encouraged for internal and external activities, documents, and transactions when it is operationally feasible, where technology permits, and when it is otherwise appropriate at the discretion of the Town Manager. Departments should work with the Town Manager, in consultation with the Town Clerk and the Town Attorney, to determine whether applicable laws permit use of an electronic signature before proceeding. Each department that opts to use electronic signatures must amend their business practices to support the requirements of this policy. Page 2 of 3 This policy does not supersede laws that specifically require a handwritten signature, nor does it limit the right or option of the Town to conduct the transaction on paper or in non-electronic form. Acceptance and Use of Electronic Signatures To the extent permitted by law, the Town accepts electronic signatures as legally binding and equivalent to handwritten signatures to signify an agreement in accordance with applicable laws and regulations. The use of electronic signatures is permitted and shall have the same force and effect as the use of a “wet” or manual signature if all of the following criteria are met: 1. The electronic signature is capable of verification. 2. The electronic signature is under the sole control of the person using it. a. Email notifications requesting electronic signatures must not be forwarded. b. This policy prohibits the use of proxy signatures, in which one person authorizes another person to sign on their behalf. 3. The electronic signature is linked to the data in such a manner that it is readily ascertainable if the data is changed after the signature is applied. Documents Involving Other Parties In the case of contracts or transactions which must be signed by outside parties, each party to the contract must agree in advance to the use of electronic signature. No party to a contract or other document may be forced to accept an electronic signature. Such consent may be withdrawn by the other party at any time. When a document is electronically signed by all parties, the Town, the outside party (if originated by an outside party), or a third-party service provider facilitating the signatures on the document will notify the parties of the availability of and/or provide the parties with a copy of the electronically signed document in an electronic format that is capable of being retained and printed. Prohibited Uses of Electronic Signatures - Documents or transactions that require a signature to be notarized or acknowledged - Documents or transactions that require a handwritten signature, including but not limited to transfers of interests in real property - Documents or transactions that are not signed using approved electronic signature technologies and/or vendors Acceptable Electronic Signature Methods The Town Manager shall determine acceptable technologies and vendors that are consistent with industry best practices to ensure the security and integrity of the data and the signatures. Department Authorized to Initiate Electronic Signature Request Page 3 of 3 Only the department designated as the Office of Record is authorized to initiate an electronic signature request, except that the Town Clerk may initiate an electronic signature process on behalf of another department when requested for operational efficiency. Records Retention It is the responsibility of the initiating department to retain and store signed documents in accordance with Town wide records retention requirements. TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Climate Emergency Resolution Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council will discuss the adoption of a Climate Emergency Resolution. RECOMMENDED ACTION(S) Staff recommends the Council consider adoption of a Climate Emergency Resolution. BACKGROUND Since adoption of the Town’s first Climate Action Plan in 2011, the Town of Tiburon has implemented a wide range of measures to reduce greenhouse gas emissions. These measures include: • Installation of photovoltaic solar arrays on both Town Hall and Police Station facilities • Conversion of approximately 125 streetlights to LED fixtures • Purchase of 4 all electric, and 2 hybrid vehicles for the town fleet • Purchase of 100% ‘Deep Green’ power from Marin Clean Energy (MCE) • Adoption of Tier 1 provisions included in the California Green Building Standards Code. Tier 1 provisions are in addition to, and more stringent than the mandatory provisions. In addition to implementing specific projects and programs, many cities and organizations around the world have signed petitions and adopted resolutions supporting a declaration of climate emergency. Today, Council is discussing the Town taking similar action. A Climate Emergency Resolution (CER) will reinforce the Town’s commitment to reduce GHG emissions and to educate the community about a climate emergency. A CER may also reinforce the Town’s own adopted GHG reduction goals included in the Town’s Climate Action Plan (CAP) or the General Plan (GP). TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 31, 2021 Agenda Item: AI-1 Town Council Meeting March 31, 2021 TOWN OF TIBURON PAGE 2 OF 2 A CER may also commit the Town to providing the community and Council with information as well as directing funds toward climate mitigation work, such as policies, projects and programs that promote community sustainability. A group of advocates for a Tiburon CER has provided staff with a draft resolution (Exhibit 1) for the Council’s consideration. The Town Council ad hoc subcommittee on sustainability (Councilmember Fredericks and Vice Mayor Welner) will review the provided resolution prior to the full Town Council’s discussion, and staff anticipates the ad hoc subcommittee members may offer additional analysis or propose recommended revisions to the draft resolution provided by the proponents. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by adoption of the draft resolution in its current form. 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 adoption of a Climate Emergency Resolution. Exhibit(s): 1. DRAFT Resolution Prepared By: Greg Chanis, Town Manager EXHIBIT 1 Page 1 of 3 Town Council Resolution No. XX-2021 03/31/2021 DRAFT RESOLUTION NO. XX-2021 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DECLARING A CLIMATE EMERGENCY WHEREAS, the Town Council of Tiburon is committed to protecting and promoting the health, safety, and welfare of all of its residents; and its General Plan and Climate Action Plan seek to ensure the Town’s long-term environmental sustainability and livability; and WHEREAS, the Town Council agrees with the consensus among climate scientists that climate and ecological crises threaten the Earth’s climate balance and acknowledges that climate change impacts virtually every aspect of our lives; and WHEREAS, in 2016, the State Legislature passed SB 32, setting a statewide mandate to reduce statewide greenhouse gas (GHG) emissions 40% below 1990 levels by 2030, and WHEREAS, on September 10, 2018, California Governor Brown signed Executive Order B-55- 18 setting a new statewide goal of carbon neutrality (net zero emissions) as soon as possible, and no later than 2045; and concurrently, the California Senate passed SB 100 setting a 100% clean electricity goal for the State by 2045; and WHEREAS, in 2018, the 4th Annual National Climate Assessment and California’s 4th Climate Change Assessment warned that extreme weather and climate-related events in the United States are worsening, predicting catastrophic damage to the environment, economy and human health, unless GHG emissions are immediately and dramatically curbed; and WHEREAS, in September 2020, Governor Newsom issued Executive Order N-79-20 establishing numerous State goals for zero-emission vehicles, including a target of 100% of in- state sales of new passenger vehicles to be zero-emission by 2035, and medium and heavy-duty vehicles by 2045; and WHEREAS, an inadequate response to our climate emergency will threaten human life, healthy communities, and critical infrastructure due to increased economic, environmental, and public health disruptions; and restoring a safe and stable climate requires an emergency mobilization at all levels of government and society on a scale, scope and speed not seen since World War II; and WHEREAS, young people will inherit the legacy of our decisions on climate, and youth from diverse backgrounds are organizing locally and worldwide to demand and support bold governmental action to halt global warming, avert the catastrophic impacts of the climate crisis, and restore a safe climate for their future; and WHEREAS, common sense and morality indicate that humanity can no longer safely emit GHGs and must demand an emergency mobilization effort to rapidly reach zero emissions across all sectors to safely remove excess GHGs from the atmosphere; to preserve and restore the Earth’s biodiversity on which human life depends; and to create a clean energy economy; and ---- Page 2 of 3 Town Council Resolution No. XX-2021 03/31/2021 WHEREAS, the Town of Tiburon has taken a number of important emission reduction actions, including installation of solar panels on the roof of Town Hall (2006); adoption of MCE’s 100% Deep Green for all municipal accounts (2017); compliance with AB 1236 to streamline EV infrastructure permitting (2017); adoption of green building requirements above base State regulations; purchasing and/or leasing electric vehicles for the Town’s fleet; and formation of an ad-hoc Subcommittee on Sustainability comprised of two Councilmembers to review the Town’s Climate Action Plan and assess progress in meeting its goals (2020); and WHEREAS, the Town’s actions and State, regional and local efforts reduced Tiburon’s community-wide GHG emissions 26% below 2005 levels by 2018, well beyond statewide guidance to local governments to reduce emissions 15% by 2020; and WHEREAS, despite significant actions by the Town of Tiburon and other governmental entities to reduce GHG emissions, we are currently facing an increasingly urgent climate crisis that demands dramatic and accelerated action by all levels of government including Federal, State, County and local municipalities; and NOW BE IT THEREFORE RESOLVED, the Tiburon Town Council joins the growing number of jurisdictions in Marin, Sonoma and the Bay Area to declare that a climate emergency threatens our town, region, and all life on Earth; and commits to a Climate Emergency Mobilization effort in all of its policies and actions; and BE IT FURTHER RESOLVED, the Town Council sets a climate goal of net zero GHG emissions by 2045 or sooner, and directs the Town Manager to work with staff to support concrete actions that are in concert with the County of Marin and the State of California in achieving this common goal; and BE IT FURTHER RESOLVED, the Town Council directs the Town Manager to work with staff to update the Town’s Climate Action Plan (2011) to achieve the State’s GHG emission reduction target for 2030 and put the Town on a trajectory to meet or exceed the State’s carbon neutrality goal for 2045; and BE IT FURTHER RESOLVED, the Town Council directs the Town Manager to work with staff to earmark specific funds for GHG emissions reduction measures for each fiscal year; and BE IT FURTHER RESOLVED, the Town Council will elevate climate issues to the highest priority in its goal-setting processes; give precedence to climate mitigation, drawdown, and adaptation when evaluating existing and future policies and expenditures, planning projects, and allocating resources; stipulate that ‘climate impact’ will be addressed in every policy and action considered for adoption; and seek financial resources to support these efforts; and it will utilize the updated Climate Action Plan both as the lens for viewing all of its decisions and as the operational framework for all departments to identify climate actions within their annual workplans and budgets to aggressively drive implementation of that Plan; and BE IT FURTHER RESOLVED, the Town Council seeks to align its CAP policies with Marin County’s updated Climate Action Plan with respect to low carbon transportation, renewable energy and electrification, energy efficiency, waste reduction, water conservation, public Page 3 of 3 Town Council Resolution No. XX-2021 03/31/2021 engagement and empowerment, and community resilience; specifically, for example, by transitioning to GHG-free energy sources; electrifying buildings and vehicles; rapidly building out the EV charging infrastructure; and adopting energy efficiency standards for new construction, retrofits, and remodels that exceed State mandates, including banning natural gas for such construction and requiring efficient electric appliances and equipment upon replacement; and BE IT FURTHER RESOLVED, the Town Council commits to engaging the understanding, participation and collaboration of the full Tiburon community in all actions that the Town may adopt in response to the climate emergency; to providing outreach, information, and education to Tiburon residents, businesses, civic, faith-based and educational organizations, and Town staff and contractors on the urgency of its climate policies and strategies; to regularly assessing its GHG emission reduction goals, actions, and policies; and to providing progress reports and metrics to the public at least annually; and BE IT FURTHER RESOLVED, the Town of Tiburon joins and will advocate for a nationwide call for a regional, national, and international Climate Emergency Mobilization effort at all levels of government to stop and reverse global warming and the ecological and humanitarian crisis threatening our world. The foregoing Resolution was adopted at the regular meeting of the Tiburon Town Council held on ____________________________ by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK From:Lea Stefani To:(General Plan Update Subscriber) dmccrohan@comcast.net; Lorenzo Morotti Bcc:AllTC (Tiburon Town Council) Subject:Climate Emergency Resolution: Two New Exhibits Added Date:Tuesday, March 30, 2021 1:56:00 PM Attachments:2021-03-31_EXHIBIT 2_Sustainability Committee_REDLINE.pdf2021-03-31_EXHIBIT 3_Sustainability Committee_CLEAN.pdf All, The Town Council ad hoc subcommittee on sustainability has met to review the proposed Climate Emergency Resolution. The committee members’ suggested revisions are attached here in redline (Exhibit 2) and clean (Exhibit 3) copy. These two exhibits will be added to the agenda online momentarily. Lea Lea Stefani, CMC, CPMC Town Clerk | Town of Tiburon (415)435-7377 lstefani@townoftiburon.org EXHIBIT 2 RESOLUTION NO. ______  A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DECLARING A CLIMATE  EMERGENCY  WHEREAS, the Town Council of Tiburon is committed to protecting and promoting the health,  safety, and welfare of all of its residents; and its General Plan and Climate Action Plan seek to  ensure the Town’s long‐term environmental sustainability and livability; and  WHEREAS, the Town Council agrees with the consensus among climate scientists that climate  and ecological crises threaten the Earth’s climate balance and acknowledges that climate  change impacts virtually every aspect of our lives; and  WHEREAS, in 2016, the State Legislature passed SB 32, setting a statewide mandate to reduce  statewide greenhouse gas (GHG) emissions 40% below 1990 levels by 2030, and  WHEREAS, on September 10, 2018, California Governor Brown signed Executive Order B‐55‐18  setting a new statewide goal of carbon neutrality (net zero emissions) as soon as possible, and  no later than 2045; and concurrently, the California Senate passed SB 100 setting a 100% clean  electricity goal for the State by 2045; and    WHEREAS, in 2018, the 4th Annual National Climate Assessment and California’s 4th Climate  Change Assessment warned that extreme weather and climate‐related events in the United  States are worsening, predicting catastrophic damage to the environment, economy and  human health, unless GHG emissions are immediately and dramatically curbed; and  WHEREAS, in September 2020, Governor Newsom issued Executive Order N‐79‐20 establishing  numerous State goals for zero‐emission vehicles, including a target of 100% of in‐state sales of  new passenger vehicles to be zero‐emission by 2035, and medium and heavy‐duty vehicles by  2045; and  WHEREAS, an inadequate response to our climate emergency will threaten human life, healthy  communities, and critical infrastructure due to increased economic, environmental, and public  health disruptions; and restoring a safe and stable climate requires an immediate emergency  mobilization at all levels of government and society. on a scale, scope and speed not seen since  World War II; and  WHEREAS, young people will inherit the legacy of our decisions on climate, and youth from  diverse backgrounds are organizing locally and worldwide to demand and support bold  governmental action to halt global warming, avert the catastrophic impacts of the climate crisis,  and restore a safe climate for their future; and  WHEREAS, common sense and morality indicate that humanity can no longer safely emit GHGs  and must demand an emergency mobilization effort to rapidly reduceach zero emissions across  all sectors to  safely remove excess GHGs from the atmosphere; to preserve and restore the  Earth’s biodiversity on which human life depends; and to create a clean energy economy; and  WHEREAS, the Town of Tiburon has taken a number of important emission reduction actions,  including installation of solar panels on the roof of Town Hall (2006); adoption of MCE’s 100%  Deep Green for all municipal accounts (2017); compliance with AB 1236 to streamline EV  infrastructure permitting (2017); adoption of green building requirements above base State  regulations (2008); purchasing and/or leasing electric vehicles for the Town’s fleet; and  formation of an ad‐hoc Subcommittee on Sustainability comprised of two Councilmembers to,  among other actions,  review the Town’s Climate Action Plan and assess progress in meeting its  goals (20192020); and installation of a solar carport at the Police Station (2020); and  WHEREAS, the Town’s actions and State, regional and local efforts reduced Tiburon’s  community‐wide GHG emissions 26% below 2005 levels by 2018, well beyond statewide  guidance to local governments to reduce emissions 15% by 2020; and  WHEREAS, despite significant actions by the Town of Tiburon and other governmental entities  to reduce GHG emissions, we are currently facing an increasingly urgent climate crisis that  demands dramatic and accelerated action by all levels of government including Federal, State,  County and local municipalities; and  NOW BE IT THEREFORE RESOLVED, the Town of Tiburoniburon Town Council joins the growing  number of jurisdictions in Marin , Sonoma and the Bay Area to declare  that a climate  emergency. threatens our town, region, and all life on Earth; and commits to a Climate  Emergency Mobilization effort in all of its policies and actions; and  BE IT FURTHER RESOLVED, the Town Council sets a climate goal of net zero GHG emissions by  2045 or sooner, and will directs the Town Manager to work with staff to support concrete  actions that are consistent in concert with the County of Marin and the State of California in  achieving this common goal; and   BE IT FURTHER RESOLVED, the Town willCouncil directs the Town Manager to work with staff  to update itsthe Town’s Climate Action Plan (2011) to achieve the State’s GHG emission  reduction target for 2030 and put the Town on a trajectory to meet or exceed the State’s  carbon neutrality goal for 2045, and shall seek financial resources and allocate the funds to  achieve these goals.; and   BE IT FURTHER RESOLVED, the Town Council directs the Town Manager to work with staff to  earmark specific funds for GHG emissions reduction measures for each fiscal year; and  BE IT FURTHER RESOLVED, the Town Council will includeelevate climate issues as a high to the  highest priority in its goal‐setting processes;  give priorityprecedence to climate mitigation ,  drawdown, and adaptation when evaluating existing and future policies and expenditures,  planning projects, and allocating resources; and includestipulate that  potential climate change  impacts ‘climate impact’ in the  staff report will be addressed forin every policy and action  considered for adoption.; and seek financial resources to support these efforts; and it will  utilize the updated Climate Action Plan both as the lens for viewing all of its decisions and as  the operational framework for all departments to identify climate actions within their annual  workplans and budgets to aggressively drive implementation of that Plan; and  BE IT FURTHER RESOLVED, the Town Council seeks to align its CAP policies with Marin County’s  updated Climate Action Plan with respect to low carbon transportation, renewable energy and  electrification, energy efficiency, waste reduction, water conservation, public engagement and  empowerment, and community resilience;  specifically, for example, by transitioning to GHG‐ free energy sources; electrifying buildings and vehicles; rapidly building out the EV charging  infrastructure;  and adopting energy efficiency standards for new construction, retrofits, and  remodels that exceed State mandates, including banning natural gas for such construction and  requiring efficient electric appliances and equipment upon replacement;  and  BE IT FURTHER RESOLVED,  The Town commits to providing outreach, information and  education to the Tiburon community on the urgency of its climate policies and strategies; to  regularly assessing its GHG emission reduction goals, actions, and policies; and to providing  regular progress reports to the public at least annuallythe Town Council commits to engaging  the understanding, participation and collaboration of the full Tiburon community in all actions  that the Town may adopt in response to the climate emergency; to providing outreach,  information, and education to Tiburon residents, businesses, civic, faith‐based and educational  organizations, and Town staff and contractors on the urgency of its climate policies and  strategies; to regularly assessing its GHG emission reduction goals, actions, and policies; and to  providing progress reports and metrics to the public at least annually; and  BE IT FURTHER RESOLVED, the Town of Tiburon joins and will advocate for a nationwide call for  a regional, national, and international Climate Emergency Mobilization effort at all levels of  government to stop and reverse global warming and the ecological and humanitarian crisis  threatening our world.  The foregoing Resolution was adopted at the regular meeting of the Tiburon Town Council held  on ____________________________ by the following vote:  AYES:  NOES:    HOLLI THIER, MAYOR  TOWN OF TIBURON    ATTEST:      LEA STEFANI, TOWN CLERK    EXHIBIT 3 RESOLUTION NO. ______ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DECLARING A CLIMATE EMERGENCY WHEREAS, the Town Council of Tiburon is committed to protecting and promoting the health, safety, and welfare of all of its residents; and its General Plan and Climate Action Plan seek to ensure the Town’s long-term environmental sustainability and livability; and WHEREAS, the Town Council agrees with the consensus among climate scientists that climate and ecological crises threaten the Earth’s climate balance and acknowledges that climate change impacts virtually every aspect of our lives; and WHEREAS, in 2016, the State Legislature passed SB 32, setting a statewide mandate to reduce statewide greenhouse gas (GHG) emissions 40% below 1990 levels by 2030, and WHEREAS, on September 10, 2018, California Governor Brown signed Executive Order B-55-18 setting a new statewide goal of carbon neutrality (net zero emissions) as soon as possible, and no later than 2045; and concurrently, the California Senate passed SB 100 setting a 100% clean electricity goal for the State by 2045; and WHEREAS, in 2018, the 4th Annual National Climate Assessment and California’s 4th Climate Change Assessment warned that extreme weather and climate-related events in the United States are worsening, predicting catastrophic damage to the environment, economy and human health, unless GHG emissions are immediately and dramatically curbed; and WHEREAS, in September 2020, Governor Newsom issued Executive Order N-79-20 establishing numerous State goals for zero-emission vehicles, including a target of 100% of in-state sales of new passenger vehicles to be zero-emission by 2035, and medium and heavy-duty vehicles by 2045; and WHEREAS, an inadequate response to our climate emergency will threaten human life, healthy communities, and critical infrastructure due to increased economic, environmental, and public health disruptions; and restoring a safe and stable climate requires an immediate mobilization at all levels of government and society. WHEREAS, young people will inherit the legacy of our decisions on climate, and youth are organizing locally and worldwide to demand and support bold governmental action to halt global warming, avert the catastrophic impacts of the climate crisis, and restore a safe climate for their future; and WHEREAS, humanity can no longer safely emit GHGs and must demand an emergency mobilization effort to rapidly reduce emissions across all sectors to safely remove excess GHGs from the atmosphere; to preserve and restore the Earth’s biodiversity on which human life depends; and to create a clean energy economy; and WHEREAS, the Town of Tiburon has taken a number of important emission reduction actions, including installation of solar panels on the roof of Town Hall (2006); adoption of MCE’s 100% Deep Green for all municipal accounts (2017); compliance with AB 1236 to streamline EV infrastructure permitting (2017); adoption of green building requirements above base State regulations (2008); purchasing and/or leasing electric vehicles for the Town’s fleet; and formation of an ad-hoc Subcommittee on Sustainability comprised of two Councilmembers to, among other actions, review the Town’s Climate Action Plan and assess progress in meeting its goals (2019); and installation of a solar carport at the Police Station (2020); and WHEREAS, the Town’s actions and State, regional and local efforts reduced Tiburon’s community-wide GHG emissions 26% below 2005 levels by 2018, well beyond statewide guidance to local governments to reduce emissions 15% by 2020; and WHEREAS, despite significant actions by the Town of Tiburon and other governmental entities to reduce GHG emissions, we are currently facing an increasingly urgent climate crisis that demands dramatic and accelerated action by all levels of government including Federal, State, County and local municipalities; and NOW BE IT THEREFORE RESOLVED, the Town of Tiburon joins the growing number of jurisdictions in Marin and the Bay Area to declare a climate emergency. BE IT FURTHER RESOLVED, the Town sets a climate goal of net zero GHG emissions by 2045 or sooner, and will support actions that are consistent with the County of Marin and the State of California in achieving this common goal; and BE IT FURTHER RESOLVED, the Town will update its Climate Action Plan (2011) to achieve the State’s GHG emission reduction target for 2030 and put the Town on a trajectory to meet or exceed the State’s carbon neutrality goal for 2045, and shall seek financial resources and allocate the funds to achieve these goals. BE IT FURTHER RESOLVED, the Town will include climate issues as a high priority in its goal- setting processes; give priority to climate mitigation and adaptation when evaluating existing and future policies and expenditures, planning projects, and allocating resources; and include potential climate change impacts in the staff report for every policy and action considered for adoption. BE IT FURTHER RESOLVED, The Town commits to providing outreach, information and education to the Tiburon community on the urgency of its climate policies and strategies; to regularly assessing its GHG emission reduction goals, actions, and policies; and to providing regular progress reports to the public at least annually; and BE IT FURTHER RESOLVED, the Town of Tiburon joins and will advocate for a nationwide call to stop and reverse global warming and the ecological and humanitarian crisis threatening our world. The foregoing Resolution was adopted at the regular meeting of the Tiburon Town Council held on ____________________________ by the following vote: AYES: NOES: ABSENT: ABSTAIN: HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Tiburon Town Council March 31, 2021 AI-1: Climate Emergency Resolution Late Mail Written Comments Requests for Copies: Lea Stefani, lstefani@townoftiburon.org Dear Mayor Thier, Vice Mayor Welner, Council Members Fredericks, Ryan, Kulik and Town Manager Chanis, Re: Adoption of a Climate Emergency Resolution for Tiburon My name is Marty Griffin, and I want to add my voice to that of so many others in enthusiastic support for adoption of a Climate Emergency Resolution by the Town of Tiburon as quickly as possible. Many of you know me as a conservationist and environmental activist, as I have spent decades battling for the natural wildness of the marshes, tidelands, lagoons, and fragile eco-systems of the San Francisco Bay, starting right here on the Tiburon Peninsula. I also helped found and led the Richardson Bay Preservation Society, the Marin Chapter of the National Audubon Society, and the Environmental Forum of Marin, documenting the history of our many conservation battles in my book, Saving the Marin-Sonoma Coast. As a medical doctor, I have long recognized and been motivated by the fact that people can’t be healthy living in an unhealthy environment. Today we are facing a climate crisis that threatens the natural world and entire human community. In short, we are in a State of Emergency that calls for a comprehensive, top-to-bottom, whole-society response. I am heartened to see enlightened and determined leadership at the federal level, and apparently a Climate Emergency Resolution has been introduced in Congress. However, their ambitions and efforts must be met and buttressed at the local level. It is up to us to do all within our powers --- as residents, organizations, businesses and towns --- to reach net zero greenhouse gas emissions before the window of opportunity closes. The climate crisis is accelerating, and so must our policies and actions. We must now move at emergency speed, scale and scope if we hope to avert climate catastrophe. I thank you for all you as town leaders have already put in place and accomplished --- such as installing solar panels on some municipal buildings, shifting to MCE’s Deep Green, and converting some of the Town’s vehicles to EVs. I urge you now to build on your progress to date by adopting the Climate Emergency Resolution as proposed --- or making it even stronger. With time running out, our goals must be ambitious and our actions swift. Very truly yours, L. Martin Griffin, M.D. From:Sanna Thomas To:Holli Thier; Jon Welner Cc:Alice Fredericks; Jack Ryan; Greg Chanis; Lea Stefani Subject:proposal for amending the revised Climate Emergency Resolution Date:Wednesday, March 31, 2021 2:40:56 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 Mayor Thier and Vice Mayor Welner, Our climate action group has reviewed the revisions made to the Climate EmergencyResolution posted for today's Council meeting, and we want to thank you for taking the time to consider it so thoroughly. We are in accord with most of these changes. However, westrongly urge you to amend the fourth 'be it resolved' clause as written below because we think it speaks to the sense of emergency of our current situation and the imperative that theTown view and address climate change as the emergency that it has now become. PROPOSAL FOR AMENDING THE REVISED CER: BE IT FURTHER RESOLVED, the Town will elevate climate issues to the highest priority in its goal-setting process; give priority to climate mitigation and adaptation when evaluating existing and future policies and expenditures, planning projects, and allocating resources; include potential climate change impacts in the staff report for every policy and action considered for adoption; and utilize the updated Climate Action Plan both as the lens for viewing all of its decisions and as the operational framework for all departments. We sincerely hope that this meets with your approval. Thank you so much for your consideration,Sanna -- Sanna Randolph Thomas, Ed.D 415-497-3192 (cell) Comments for Town Council meeting on 3/31/21 from Helene Marsh Agenda item on Climate Emergency Resolution To be read by Lea Stefani and put into the Town records Hello, my name is Helene Marsh and I have been involved in advocating for climate change mitigation in Tiburon and Marin County for many years. In 2017, I led the initiative with a fellow Environmental Forum of Marin colleague to advocate for all the cities and towns in Marin to purchase MCE Deep Green electricity. Today, four years since that initiative, it is more apparent than ever that we are in a climate emergency that requires immediate and bold action on many fronts. I’d like to thank the Council for considering the resolution before them to assist in raising the importance and urgency of climate action in Tiburon. Science informs us that we are at a crossroads of historical significance regarding deterioration of planetary conditions to support stable and healthy life systems. Now is not the time to dilute language and action regarding climate action. It’s the time to embrace the challenges and changes that we all have to face to continue living on the planet. Back in 2017, Tiburon was the last town to adopt purchasing MCE Deep Green and as a resident I was embarrassed that the community I lived in was resisting the move to reduce its own emissions and lead by example for residents. Today, four Marin communities have passed Climate Emergency Resolutions: Novato, Fairfax, San Anselmo and Corte Madera. Tiburon has the opportunity to be a leader this time around. I encourage you to join the others in Marin in passing the resolution and making climate the lens through which you consider Town decisions and actions. To date, all communities in Sonoma have passed a Climate Emergency Resolution, as well as over 130 governments in the USA including other Bay Area communities, and almost 2000 jurisdictions across the world representing over 825,000,000 people in total. Please be part of this very significant movement and do the right thing. Thank you Helene Marsh 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 Diversity Inclusion Task Force Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider making one appointment to the Diversity Inclusion Task Force. RECOMMENDED ACTION(S) 1. Make one appointment to the Diversity Inclusion Task Force. BACKGROUND At their March 17, 2021 meeting, the Town Council agreed to make the final appointment to the Diversity Inclusion Task Force based on a smaller pool of applicants from the initial application period. The Council agreed the pool would consist of the individuals that had progressed to, and received at least one vote during, the Council’s second round of analysis of the applicants. Based on the Council’s criteria, the applicants for the remaining seat would be Karen Carrera, Uma Lerner, and Erin Burns. Since the Council’s discussion, applicants Uma Lerner and Erin Burns have respectfully declined the opportunity to be included in the smaller pool of applicants. Staff recommends the Council consider appointing Karen Carrera to the one remaining seat on the Task Force. Her application is attached as Exhibit 1. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 31, 2021 Agenda Item: AI-2 Town Council Meeting March 31, 2021 TOWN OF TIBURON PAGE 2 OF 2 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 consider appointment of Karen Carrera to the Diversity Inclusion Task Force. Exhibit(s): 1. Karen Carrera Application Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 Town of Tiburon Commission, Board, Committee Application Submit to: Town Clerk Lea Stefani 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org (415)435-7377 TOWN COUNCIL DIVERSITY INCLUSION TASK FORCE APPLICATION DEADLINE FOR SUBMITTAL: WEDNESDAY, OCTOBER 28 AT 5:00 P.M. On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be made up of 10 individuals -five Town Councilmembers and five residents appointed by the Council. To apply for one of the seats on the Task Force, please submit this completed form to the Town Clerk with a resume. Thank you for your willingness to serve the Tiburon community. Diversity Inclusion Task Force Qualifications -Possess the experience, qualifications, and knowledge either in your professional career, volunteer work, or personal capacities to engage, organize, and provide recommendations to achieve diversity and inclusion goals and policies -Have the time and schedule flexibility to attend monthly meetings -Be a full-time resident of Tiburon or Belvedere (proof of residency required) -Possess awareness about how the role of systemic racism produces inequities the task force will attempt to address -Have interest in working on policies regarding diversity and inclusion Applicant Name Full Name: Karen Carrera Date: 1 0/28/2020 Applicant Information Street Apartment/Unit Tiburon Ca 94920 City State Zip Phone: Email: Page 1 of2 By submittal of this application, I certify that the home address I have listed above is my primary full-time residence. Signature· Why would you like to serve on the task force? Please see attached. What are your applicable qualifications and experiences? Please see attached. Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Page 2 of 2 Tiburon Town Counsel Diversity Inclusion Task Force Application for Karen C. Carrera Why would you like to serve on the task force? It would be my honor to serve on the Tiburon Town Council Diversity Inclusion Task Force. As a Latina, I would like to serve to help my community. As a lawyer with a specialty in employment law, I have expertise in unconscious bias and also conduct diversity and inclusion trainings. I have devoted my life and career to serving my community and sincerely wish to continue to help the Town of Tiburon in a meaningful way. My involvement in Tiburon is another reason I want to serve. I love living in Tiburon and my family is an important part of this community. I moved to Tiburon with my husband in 2001, when my children were just babies. My children attended the schools in the Reed School District then attended Redwood and Tamalpais High Schools. I am deeply entrenched in my community. My dearest friends live in Tiburon, I visit the Tiburon Peninsula Club daily, and have my office in Downtown. My office is located across from the Tiburon library. I volunteered for the Reed schools, shop locally, and eat at the local restaurants. I previously served as General Counsel for the Reed Schools and President of the Belveron Homeowner's Association. Now that my kids are in college and out of the house, I definitely have time to serve on the Task Force. The other reason I want to serve on the Task Force is because of who I am. I am Peruvian American, born in Lima-Peru, and brought to the U.S. by my single mom in the 70's. I identify as a Latina and speak Spanish fluently. My entire career has been devoted to public service and to serving my community. My ethnic background uniquely qualifies me to serve on the Task Force and helps diversify it. As women of color, my Peruvian mother, sister and I experienced bias throughout our lives but overcame it and became successful members of society. I witnessed my mother experiencing workplace discrimination and feeling "less than." My own experiences with unconscious bias included not being taken seriously, not being included and microaggressions. I want to bring my unique perspective to the Task Force and truly believe that my perspective will help. What are your applicable qualifications and experiences? My career experience gives me a unique perspective I can bring to the Task Force. In my job as an attorney, investigator and trainer, I am uniquely qualified to serve on the Task Force. As a lawyer, I train corporations and businesses on unconscious bias and inclusion. As a neutral investigator I conduct workplace investigations for both public and private employers. I have conducted numerous investigations of employee complaints of harassment, discrimination, retaliation, bullying and other alleged employee misconduct. I also draft policies and procedures for employers to assist them in responding and investigating complaints. My previous experience as an employment litigator also qualifies me to serve on the Task Force. Prior to becoming an investigator and trainer, I was a Plaintiffs' side employment law litigator. This uniquely qualifies me to determine risk and see where employers are vulnerable to being sued by employees. My job as an employment litigator helped me see the employees' perspective and their experience with discrimination, harassment and unconscious bias. Through my clients' eyes, I witnessed evidence of bias, lack of inclusion, discrimination, harassment and its damaging effects. 1 My other career experiences also qualify me for the Task Force. As a San Francisco County Deputy City Attorney, I filed lawsuits against property owners who violated San Francisco's housing, health, fire and police codes. I facilitated meetings with City departments, community groups and service agencies to solve issues of code enforcement, public nuisance, blight, and quality of life crimes. As a supervising attorney at Legal Aid of Marin and La Raza Centro Legal I litigated employment and housing cases, and managed a diverse staff, including volunteers. I facilitated community outreach meetings with the Latino community and services agencies. I also conducted bilingual trainings and drafted Spanish and English self-help manuals. Community Involvement & Awards My previous and current community involvement also qualifies me for the Task Force. I currently serve as General Counsel, and I am a former board member, of Canal Alliance, a non-profit organization assisting immigrant communities in Marin County by providing access to education, youth programs, family counseling and immigration services. I was recognized as Business Professional of the Year in 2015 by the Marin Hispanic Chamber of Commerce. I am also a member of ALMA-the Association of Latino Marin Attorneys. Part of ALMA's work is to provide mentors for Latino law students to help them navigate the challenges of law school. I have served on many boards including, the ACLU, Equal Rights Advocates, Bay Area Legal Aid, and La Raza Centro Legal. Please see my attached resume for a list of community awards I have received for assistance to my community. 2 KAREN C. CARRERA, ESQ., A WI-CH Villegas Carrera Work lace Solutions Tiburon, CA 94920 II Professional Experience VC Workplace Solutions, May 2019-present. Bilingual Investigator & Trainer. Conduct investigations for both public and private employers in response to employee complaints of harassment, discrimination, retaliation, bullying, and other alleged employee misconduct. I also specialize in conducting investigations with Spanish speaking employees and witnesses. Conduct diversity and inclusion trainings for corporations, government agencies and individuals, in both English and Spanish. Association of Workplace Investigators Certificate Holder, February 2020. Website: www.vcworkplacesolutions.com. Emtrain, September 2020-present. Expert & Trainer. Conduct unconscious bias, diversity and inclusion, workplace culture and harassment prevention trainings for Bay Area companies. Villegas/Carrera, Inc., July 2003-2019. Attorney at Law/Owner. Formerly litigated and provided legal strategy on complex employment law and discrimination cases and supervised junior attorneys, paralegals and law clerks. Conducted neutral fact-finding workplace investigations for hourly clients. Martinez, et al. v Apio, et al., Supreme Court of California, appellant representing the Plaintiffs. 40 Cal.4tt 35, (2010). Landmark employment law decision in which the California Supreme Court broadened the protections afforded California low wage workers. My firm and California Rural Legal Assistance, Inc. filed this lawsuit on behalf of six farm workers who picked strawberries in Santa Barbara County during the 2000 growing season. Hastings College of the Law, University of California, September 2009-present. Adjunct Professor. Classes taught: Representing Spanish Speaking Clients in Employment Law; Interviewing and Counseling Clients; Negotiation and Mediation Strategies, Legal Writing and Research. Berkeley School of Law, University of California, August -November 2018 Lecturer in Law. Legal Research & Writing, L.L.M. Legal Research and Writing Department. 1 Legal Aid of Marin, February 2010-March 2013. Supervising Attorney. Supervised attorneys, paralegals and law clerks in all aspects of litigation. Managed a staff, including volunteers. Specialty areas included low employment law and civil rights. Conducted community outreach and participated in community outreach meetings. San Francisco City Attorney's Office, March 1996-July 2003. Deputy City Attorney. Prosecuted property and business owners who violated the City's codes. Conducted all facets of litigation including discovery, mediation, law and motion and trials. Facilitated meetings with City departments, community groups and service agencies to solve issues of code enforcement, public nuisance, blight, and quality of life crimes. Supervised junior attorneys and law clerks. • Trial counsel in City and County of San Francisco v. Sainez (2000) 77 Cal.App.4th 1302. I was trial counsel in this lawsuit which resulted in this published decision determining that by enacting the San Francisco Housing Code, the Board of Supervisors acted within its police power goals of "ensuring the health and safety of its residents and preserving its housing stock," that the Board of Supervisors recognized the public's undeniable right to be free from properties which pose a health or safety risk, and that large penalties may be assessed against landlords who violate the City's codes. I assisted the City and County of San Francisco in obtaining over $1.5 million in penalties and attorneys' fees as part of this case. La Raza Centro Legal, Inc., San Francisco, CA. February 1994-March 1996. Supervising Attorney. Litigated employment, housing and immigration cases. Conducted bilingual trainings and drafted Spanish and English self-help manuals. Supervised junior attorneys and law clerks. Facilitated community meetings with immigrant workers, tenants, service agencies and community groups. A wards and Honors 1. Association of Workplace Investigators Certificate Holder, February 2020 2. Profile of Karen Carrera, Plaintiff Magazine, November 2017 3. Certificate of Special Congressional Recognition to Karen C. Carrera, The Hon. Jared Huffman, in honor of ongoing commitment to the Latino population in Marin County, 2015. 4. State of California Senate, Certificate of Recognition to Karen C. Carrera, The Hon. Mike McGuire, State Senator, for outstanding leadership and professional skills, 2015. 5. Hispanic Business Professional of the Year, Hispanic Chamber of Commerce, for outstanding leadership, commitment, and professional skills in representing Latino immigrants, 2015 2 6. Legal Services Corporation, Certificate of Appreciation, for extraordinary commitment to providing equal access to justice through pro bono work with California Rural Legal Assistance, 2015. 7. Community Service Award Recipient and 2013 Graduation Keynote Speaker-Hastings College of the Law, La Raza Law Student's Assoc. May 2013. 8. Outstanding Benefactor Award, California Rural Legal Assistance Foundation, Sacramento, California, ''for providing access to justice to low income workers in California". September 2008. 9. California Assembly, Certificate of Recognition for providing volunteer legal services to low income people in Marin, May 2006. 10. Wiley E. Manual Award from the State Bar of California in recognition of pro bono work. 2004. 11 . San Francisco Minority Bar Coalition, recipient of the Unity Award, for "Outstanding Service to the Legal Community". May 2004. 12. Certificate of Appreciation, City of San Francisco, Hon. Willie Brown, for prosecuting slumlords on behalf of the City. May 2002. Community Involvement 1. California Women Lawyers -Board Member, Board of Directors, January 1, 2020 to present. 2. Marin County Women Lawyer's Association -Board Member, Board of Directors, April 10, 2019 to present. 3. Association of Workplace Investigators-Member, June 2019-present. 4. Marin Trial Lawyers Association -Former President, Board of Directors, June 2018-present; now serving as Secretary to the Board. 5. Canal Alliance -General Counsel-March 2020 to present; Board Member, Board of Directors, Jan. 2014-February 2019. Canal Alliance is a non-profit organization assisting immigrant communities in Marin County by providing access to education, youth programs, family counseling and immigration services. 6. Association of Latino Marin Attorneys (ALMA) -Member, 2016-present 7. Equal Rights Advocates (ERA)-Board of Directors (2008-2014) ERA represents women and girls in high impact civil rights litigation nationwide. 8. Aids Legal Referral Panel (ALRP) -Volunteer Attorney, 2005-present. 9. ACLU of Northern California, Board of Directors (2006-2008) 10. La Raza Centro Legal, Board of Directors, (2000-2003) 11. Bay Area Legal Aid, Board of Directors (1999-2000) 3 12. General Counsel -Reed Schools Foundation, Tiburon, CA, June 2004-June 2006. Presentations & Publications • Monthly Newsletter & Blog, VC Workplace Solutions, www.vcworkplacesolutions.com/B log. 2019-present. • Wage & Hour Law and the Immigrant Low Wage Worker, Marin Trial Lawyer's Association, 2015 • Work Life Law for Women in Tech, Google, 2015 • Representing Immigrant Clients in Class Actions, S.F. Trial Lawyers Association, 2014 • U-Visas and Immigrant Clients in Employment Law, Marin Trial Lawyers, 2013 • Employment Law Overview, Legal Aid of Marin, 2010 • Wage & Hour Law and the Immigrant Low Wage Worker, PLUS Conference, 2009 Education University of California, Hastings College of the Law, San Francisco, 1992 Student Body President, Associated Students of Hastings, 1991-1992. Political Chairperson, La Raza Law Students Association, 1990-1991. Best Brief, Moot Court Competition nominee, 1990-1991. Clara Foltz Feminist Association, 1989-1992 Hastings Public Interest Law Foundation, 1989-1992 Loyola Marymount University, Los Angeles, CA; Cum Laude, B.A., 1988 College of Fine and Communications Arts, Political Science (minor) Dean's List 1984-1988 Alpha Sigma Nu (The National Jesuit Honor Society) 4 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 Diversity Inclusion Task Force Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider making one appointment to the Diversity Inclusion Task Force. RECOMMENDED ACTION(S) 1. Make one appointment to the Diversity Inclusion Task Force. BACKGROUND At their March 17, 2021 meeting, the Town Council agreed to make the final appointment to the Diversity Inclusion Task Force based on a smaller pool of applicants from the initial application period. The Council agreed the pool would consist of the individuals that had progressed to, and received at least one vote during, the Council’s second round of analysis of the applicants. Based on the Council’s criteria, the applicants for the remaining seat would be Karen Carrera, Uma Lerner, and Erin Burns. Since the Council’s discussion, applicants Uma Lerner and Erin Burns have respectfully declined the opportunity to be included in the smaller pool of applicants. Staff recommends the Council consider appointing Karen Carrera to the one remaining seat on the Task Force. Her application is attached as Exhibit 1. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 31, 2021 Agenda Item: AI-2 Town Council Meeting March 31, 2021 TOWN OF TIBURON PAGE 2 OF 2 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 consider appointment of Karen Carrera to the Diversity Inclusion Task Force. Exhibit(s): 1. Karen Carrera Application Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 Town of Tiburon Commission, Board, Committee Application Submit to: Town Clerk Lea Stefani 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org (415)435-7377 TOWN COUNCIL DIVERSITY INCLUSION TASK FORCE APPLICATION DEADLINE FOR SUBMITTAL: WEDNESDAY, OCTOBER 28 AT 5:00 P.M. On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be made up of 10 individuals -five Town Councilmembers and five residents appointed by the Council. To apply for one of the seats on the Task Force, please submit this completed form to the Town Clerk with a resume. Thank you for your willingness to serve the Tiburon community. Diversity Inclusion Task Force Qualifications -Possess the experience, qualifications, and knowledge either in your professional career, volunteer work, or personal capacities to engage, organize, and provide recommendations to achieve diversity and inclusion goals and policies -Have the time and schedule flexibility to attend monthly meetings -Be a full-time resident of Tiburon or Belvedere (proof of residency required) -Possess awareness about how the role of systemic racism produces inequities the task force will attempt to address -Have interest in working on policies regarding diversity and inclusion Applicant Name Full Name: Karen Carrera Date: 1 0/28/2020 Applicant Information Address: 22 Apollo Rd. Street Apartment/Unit Tiburon Ca 94920 City State Zip Phone: 415-272-1244 Email: karen@vcworkplacesolutions .com Page 1 of2 By submittal of this application, I certify that the home address I have listed above is my primary full-time residence. Signature~~ 0. ~ Why would you like to serve on the task force? Please see attached. What are your applicable qualifications and experiences? Please see attached. Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Page 2 of 2 Tiburon Town Counsel Diversity Inclusion Task Force Application for Karen C. Carrera Why would you like to serve on the task force? It would be my honor to serve on the Tiburon Town Council Diversity Inclusion Task Force. As a Latina, I would like to serve to help my community. As a lawyer with a specialty in employment law, I have expertise in unconscious bias and also conduct diversity and inclusion trainings. I have devoted my life and career to serving my community and sincerely wish to continue to help the Town of Tiburon in a meaningful way. My involvement in Tiburon is another reason I want to serve. I love living in Tiburon and my family is an important part of this community. I moved to Tiburon with my husband in 2001, when my children were just babies. My children attended the schools in the Reed School District then attended Redwood and Tamalpais High Schools. I am deeply entrenched in my community. My dearest friends live in Tiburon, I visit the Tiburon Peninsula Club daily, and have my office in Downtown. My office is located across from the Tiburon library. I volunteered for the Reed schools, shop locally, and eat at the local restaurants. I previously served as General Counsel for the Reed Schools and President of the Belveron Homeowner's Association. Now that my kids are in college and out of the house, I definitely have time to serve on the Task Force. The other reason I want to serve on the Task Force is because of who I am. I am Peruvian American, born in Lima-Peru, and brought to the U.S. by my single mom in the 70's. I identify as a Latina and speak Spanish fluently. My entire career has been devoted to public service and to serving my community. My ethnic background uniquely qualifies me to serve on the Task Force and helps diversify it. As women of color, my Peruvian mother, sister and I experienced bias throughout our lives but overcame it and became successful members of society. I witnessed my mother experiencing workplace discrimination and feeling "less than." My own experiences with unconscious bias included not being taken seriously, not being included and microaggressions. I want to bring my unique perspective to the Task Force and truly believe that my perspective will help. What are your applicable qualifications and experiences? My career experience gives me a unique perspective I can bring to the Task Force. In my job as an attorney, investigator and trainer, I am uniquely qualified to serve on the Task Force. As a lawyer, I train corporations and businesses on unconscious bias and inclusion. As a neutral investigator I conduct workplace investigations for both public and private employers. I have conducted numerous investigations of employee complaints of harassment, discrimination, retaliation, bullying and other alleged employee misconduct. I also draft policies and procedures for employers to assist them in responding and investigating complaints. My previous experience as an employment litigator also qualifies me to serve on the Task Force. Prior to becoming an investigator and trainer, I was a Plaintiffs' side employment law litigator. This uniquely qualifies me to determine risk and see where employers are vulnerable to being sued by employees. My job as an employment litigator helped me see the employees' perspective and their experience with discrimination, harassment and unconscious bias. Through my clients' eyes, I witnessed evidence of bias, lack of inclusion, discrimination, harassment and its damaging effects. 1 My other career experiences also qualify me for the Task Force. As a San Francisco County Deputy City Attorney, I filed lawsuits against property owners who violated San Francisco's housing, health, fire and police codes. I facilitated meetings with City departments, community groups and service agencies to solve issues of code enforcement, public nuisance, blight, and quality of life crimes. As a supervising attorney at Legal Aid of Marin and La Raza Centro Legal I litigated employment and housing cases, and managed a diverse staff, including volunteers. I facilitated community outreach meetings with the Latino community and services agencies. I also conducted bilingual trainings and drafted Spanish and English self-help manuals. Community Involvement & Awards My previous and current community involvement also qualifies me for the Task Force. I currently serve as General Counsel, and I am a former board member, of Canal Alliance, a non-profit organization assisting immigrant communities in Marin County by providing access to education, youth programs, family counseling and immigration services. I was recognized as Business Professional of the Year in 2015 by the Marin Hispanic Chamber of Commerce. I am also a member of ALMA-the Association of Latino Marin Attorneys. Part of ALMA's work is to provide mentors for Latino law students to help them navigate the challenges of law school. I have served on many boards including, the ACLU, Equal Rights Advocates, Bay Area Legal Aid, and La Raza Centro Legal. Please see my attached resume for a list of community awards I have received for assistance to my community. 2 KAREN C. CARRERA, ESQ., A WI-CH Villegas Carrera Workplace Solutions 1110 Mar West, Suite K Professional Experience Tiburon, CA 94920 415-272-1244 (cell) 415-989-8000 (office) karen@vcworkplacesolutions.com www.vcworkplacesolutions.com VC Workplace Solutions, May 2019-present. Bilingual Investigator & Trainer. Conduct investigations for both public and private employers in response to employee complaints of harassment, discrimination, retaliation, bullying, and other alleged employee misconduct. I also specialize in conducting investigations with Spanish speaking employees and witnesses. Conduct diversity and inclusion trainings for corporations, government agencies and individuals, in both English and Spanish. Association of Workplace Investigators Certificate Holder, February 2020. Website: www.vcworkplacesolutions.com. Emtrain, September 2020-present. Expert & Trainer. Conduct unconscious bias, diversity and inclusion, workplace culture and harassment prevention trainings for Bay Area companies. Villegas/Carrera, Inc., July 2003-2019. Attorney at Law/Owner. Formerly litigated and provided legal strategy on complex employment law and discrimination cases and supervised junior attorneys, paralegals and law clerks. Conducted neutral fact-finding workplace investigations for hourly clients. Martinez, et al. v Apio, et al., Supreme Court of California, appellant representing the Plaintiffs. 40 Cal.4tt 35, (2010). Landmark employment law decision in which the California Supreme Court broadened the protections afforded California low wage workers. My firm and California Rural Legal Assistance, Inc. filed this lawsuit on behalf of six farm workers who picked strawberries in Santa Barbara County during the 2000 growing season. Hastings College of the Law, University of California, September 2009-present. Adjunct Professor. Classes taught: Representing Spanish Speaking Clients in Employment Law; Interviewing and Counseling Clients; Negotiation and Mediation Strategies, Legal Writing and Research. Berkeley School of Law, University of California, August -November 2018 Lecturer in Law. Legal Research & Writing, L.L.M. Legal Research and Writing Department. 1 Legal Aid of Marin, February 2010-March 2013. Supervising Attorney. Supervised attorneys, paralegals and law clerks in all aspects of litigation. Managed a staff, including volunteers. Specialty areas included low employment law and civil rights. Conducted community outreach and participated in community outreach meetings. San Francisco City Attorney's Office, March 1996-July 2003. Deputy City Attorney. Prosecuted property and business owners who violated the City's codes. Conducted all facets of litigation including discovery, mediation, law and motion and trials. Facilitated meetings with City departments, community groups and service agencies to solve issues of code enforcement, public nuisance, blight, and quality of life crimes. Supervised junior attorneys and law clerks. • Trial counsel in City and County of San Francisco v. Sainez (2000) 77 Cal.App.4th 1302. I was trial counsel in this lawsuit which resulted in this published decision determining that by enacting the San Francisco Housing Code, the Board of Supervisors acted within its police power goals of "ensuring the health and safety of its residents and preserving its housing stock," that the Board of Supervisors recognized the public's undeniable right to be free from properties which pose a health or safety risk, and that large penalties may be assessed against landlords who violate the City's codes. I assisted the City and County of San Francisco in obtaining over $1.5 million in penalties and attorneys' fees as part of this case. La Raza Centro Legal, Inc., San Francisco, CA. February 1994-March 1996. Supervising Attorney. Litigated employment, housing and immigration cases. Conducted bilingual trainings and drafted Spanish and English self-help manuals. Supervised junior attorneys and law clerks. Facilitated community meetings with immigrant workers, tenants, service agencies and community groups. A wards and Honors 1. Association of Workplace Investigators Certificate Holder, February 2020 2. Profile of Karen Carrera, Plaintiff Magazine, November 2017 3. Certificate of Special Congressional Recognition to Karen C. Carrera, The Hon. Jared Huffman, in honor of ongoing commitment to the Latino population in Marin County, 2015. 4. State of California Senate, Certificate of Recognition to Karen C. Carrera, The Hon. Mike McGuire, State Senator, for outstanding leadership and professional skills, 2015. 5. Hispanic Business Professional of the Year, Hispanic Chamber of Commerce, for outstanding leadership, commitment, and professional skills in representing Latino immigrants, 2015 2 6. Legal Services Corporation, Certificate of Appreciation, for extraordinary commitment to providing equal access to justice through pro bono work with California Rural Legal Assistance, 2015. 7. Community Service Award Recipient and 2013 Graduation Keynote Speaker-Hastings College of the Law, La Raza Law Student's Assoc. May 2013. 8. Outstanding Benefactor Award, California Rural Legal Assistance Foundation, Sacramento, California, ''for providing access to justice to low income workers in California". September 2008. 9. California Assembly, Certificate of Recognition for providing volunteer legal services to low income people in Marin, May 2006. 10. Wiley E. Manual Award from the State Bar of California in recognition of pro bono work. 2004. 11 . San Francisco Minority Bar Coalition, recipient of the Unity Award, for "Outstanding Service to the Legal Community". May 2004. 12. Certificate of Appreciation, City of San Francisco, Hon. Willie Brown, for prosecuting slumlords on behalf of the City. May 2002. Community Involvement 1. California Women Lawyers -Board Member, Board of Directors, January 1, 2020 to present. 2. Marin County Women Lawyer's Association -Board Member, Board of Directors, April 10, 2019 to present. 3. Association of Workplace Investigators-Member, June 2019-present. 4. Marin Trial Lawyers Association -Former President, Board of Directors, June 2018-present; now serving as Secretary to the Board. 5. Canal Alliance -General Counsel-March 2020 to present; Board Member, Board of Directors, Jan. 2014-February 2019. Canal Alliance is a non-profit organization assisting immigrant communities in Marin County by providing access to education, youth programs, family counseling and immigration services. 6. Association of Latino Marin Attorneys (ALMA) -Member, 2016-present 7. Equal Rights Advocates (ERA)-Board of Directors (2008-2014) ERA represents women and girls in high impact civil rights litigation nationwide. 8. Aids Legal Referral Panel (ALRP) -Volunteer Attorney, 2005-present. 9. ACLU of Northern California, Board of Directors (2006-2008) 10. La Raza Centro Legal, Board of Directors, (2000-2003) 11. Bay Area Legal Aid, Board of Directors (1999-2000) 3 12. General Counsel -Reed Schools Foundation, Tiburon, CA, June 2004-June 2006. Presentations & Publications • Monthly Newsletter & Blog, VC Workplace Solutions, www.vcworkplacesolutions.com/B log. 2019-present. • Wage & Hour Law and the Immigrant Low Wage Worker, Marin Trial Lawyer's Association, 2015 • Work Life Law for Women in Tech, Google, 2015 • Representing Immigrant Clients in Class Actions, S.F. Trial Lawyers Association, 2014 • U-Visas and Immigrant Clients in Employment Law, Marin Trial Lawyers, 2013 • Employment Law Overview, Legal Aid of Marin, 2010 • Wage & Hour Law and the Immigrant Low Wage Worker, PLUS Conference, 2009 Education University of California, Hastings College of the Law, San Francisco, 1992 Student Body President, Associated Students of Hastings, 1991-1992. Political Chairperson, La Raza Law Students Association, 1990-1991. Best Brief, Moot Court Competition nominee, 1990-1991. Clara Foltz Feminist Association, 1989-1992 Hastings Public Interest Law Foundation, 1989-1992 Loyola Marymount University, Los Angeles, CA; Cum Laude, B.A., 1988 College of Fine and Communications Arts, Political Science (minor) Dean's List 1984-1988 Alpha Sigma Nu (The National Jesuit Honor Society) 4 TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Three Actions Related to the Hawthorne Undergrounding Assessment District Project: Adopt a Resolution Setting a Public Hearing for Change Proceedings for 683 Hilary Drive, Approve Agreements with Pacific Gas & Electric, and Authorize Award of Construction Contract to Ranger Pipeline Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY This item requests three actions from Council for the Hawthorne Undergrounding Assessment District Project. Adopt a resolution setting a public hearing for change proceedings for 683 Hilary Drive, approve the agreements with Pacific Gas & Electric, and authorize award of the construction contract to Ranger Pipeline. RECOMMENDED ACTION(S) 1.Adopt a Resolution Setting a Public Hearing for Change Proceedings for 683 Hilary;2. Approve the agreements with Pacific Gas & Electric; and3.Authorize award of the construction contract to Ranger Pipeline in the amount of $4,698,673.50 and authorize the Town Manager to approve change orders up to 20%. BACKGROUND In 2016, property owners on portions of Rock Hill Drive, Hawthorne Drive, Hilary Drive, Hilary Court, Mira Vista Court, Del Mar Drive, Palmer Court and Tiburon Boulevard began the process of forming the Hawthorne Utility Undergrounding Assessment District (“The District”). The goal of forming the District is to facilitate removal of the existing overhead utility lines and poles and relocate them underground (the “Hawthorne Project”). The District consists of 120 parcels (plus 3 sliver parcels), including both residential and commercial properties. On February 7, 2018, property owners in the District approved tax assessments equal to the cost estimate to fund completion of the project, with the intent the Town would sell bonds in the approved amount to finance the Project. This item requests three actions from Council for the Hawthorne Undergrounding Assessment District Project. Adopt a resolution setting a public hearing for change proceedings for 683 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 31, 2021 Agenda Item: AI-3 Town Council Meeting March 31, 2021 TOWN OF TIBURON PAGE 2 OF 4 Hilary Drive, approve the agreement with Pacific Gas & Electric (PG&E), and authorize award of the construction contract to Ranger Pipeline. ANALYSIS Adopt a Resolution Setting a Public Hearing for Change Proceedings for 683 Hilary Drive The first action is being presented at the request of the property owner of 683 Hilary Drive APN 055-183-27). The property owner prepaid their assessment for the undergrounding district during the initial prepayment period in 2018 and the Notice of Assessment was discharged from their property. That property owner has now requested that the Town return that prepayment and the property be assessed for the Project. To accommodate this request, the engineer's report must be amended, and a public hearing must be held to assess this parcel. Staff prepared an Addendum to the Engineer's Report (Exhibit 1) reflecting this change to assess this parcel for the original assessment of $104,076.89. This is the only change proposed to the Assessment District and the change will not result in an increase or decrease in the cost of the improvement to be financed by the Assessment District as described in the Final Report. The attached resolution (Exhibit 2) sets a public hearing for May 19, 2021 at 5:00pm to hear and consider protests to the change for this parcel. Approve the Agreements with Pacific Gas & Electric The second action is the approval of the agreements with PG&E for the construction of the underground electrical system and easement preparation. The agreements are included as Exhibit 3. The agreements state that the cash payment required for the underground electrical system (Electric Rule 20B Cash Payment) is $1,251,113.84, and the cash payment required for PG&E's work to prepare the necessary easement documents (Relocation/Rearrangement Costs) is $9,360.49; for a total cash payment of $1,260,474.33. These payments will be funded by the assessment district. Award the Construction Contract to Ranger Pipeline The third and final action for this item is the award of the construction contract (Exhibit 4). The design of the project was completed by Harris and Associates and the project put out for bid on November 18, 2021. The Town's Estimate of Probable Cost in the Notice Inviting Bids was $4,500,000. Bids were opened on January 15, 2021. The Town received three bids for the project: Ranger Pipeline $4,698,673.50 P31 $5,181,620.84 Hot Line $5,190,343.34 Staff has reviewed the lowest bid submitted by Ranger Pipeline and found they are responsible and responsive. The bid price is higher than the Town's Estimate of Probable Cost, and less than the estimate in the assessment engineer's report. Council approved a 20% contingency for the project, and Staff is requesting that the Council authorize the Town Manager to approve change orders totaling up to 20% of the construction contract. This will allow Staff to respond to construction issues in a timely manner and avoid unnecessary delays and/or delay claims from the Contractor. Town Council Meeting March 31, 2021 TOWN OF TIBURON PAGE 3 OF 4 After Council authorizes award of the construction contract, Staff will issue a Notice of Award to Ranger Pipeline which will allow the Contractor to obtain bonds for Project and execute the contract. To maximize the amount of construction time that can occur while school is out of session, Staff intends to direct the contractor to proceed with Caltrans encroachment permitting and other submittals as soon as the contract is executed. Notice to Proceed with ground disturbing activities will not be given until after the bond sale has closed. Staff anticipates issuing this Notice to Proceed on June 9, 2021. The contract provides Ranger Pipeline with 150 working days to complete their work, which puts their completion date on January 7, 2022. FINANCIAL IMPACT The following table summarizes the estimated Project cost and funding. Description Cost Preliminary Engineering $615,000 Right of Way $275,000 Environmental $180,000 Construction Management $563,958 Construction (20% Contingency) $5,638,048 Utility Costs $1,515,219 Cost of Issuance / Financing $1,396,400 Total Project Cost $10,183,625 Source of Funding Town Contributions $776,664 Total Assessment District Cost $9,406,961 Total Funding $10,183,625 With regards to the Town Contribution of $776,664, that figure is comprised of the following three components: Paving costs (including 20% contingency) $ 364,237 General Benefit $ 25,823 Additional Contribution $ 386,604 Total $ 776,664 In 2018, Council committed to covering the cost of paving certain street sections when the project was complete. Also, Council approved an additional maximum contribution of $500,000 towards the undergrounding portion of the Project. Based on the estimated project cost in 2018 and per the approved Engineer's Report, Part III (Contributions), the Town would contribute $25,823 to fund the portion of the Project that is for General Benefit, plus an Additional Contribution of $474,177, for a total of $500,000. The Engineer's Report also states that "If the total cost of construction and incidental expenses is equal to or greater than the $10,757,563, then the full amount ($500,000) will be contributed. If the total cost of the construction and incidental cost is less than $10,757,563, then the Town’s contribution would be reduced by a percentage equal to the percentage reduction of the costs." Based on the updated project budget, the total cost of the construction and incidental cost is $8,770,814. This is $1,986,749, or 18.5% less than the figure Town Council Meeting March 31, 2021 TOWN OF TIBURON PAGE 4 OF 4 included in the Engineers Report, and reduces the Additional Contribution from $474,177 to $386,604. Bond financing is planned to fund the assessments that are not paid in full during the prepayment period. The current financing schedule shows that the Town Council will be asked to authorize the bond sale at the April 21, 2021 Council Meeting, and the bond sale will close on June 9, 2021. ENVIRONMENTAL REVIEW A mitigated negative declaration for the Project was approved by Town Council on November 15, 2017. RECOMMENDATION Staff recommends Town Council: 1. Adopt a Resolution Setting a Public Hearing for Change Proceedings for 683 Hilary; 2. Approve the agreements with Pacific Gas & Electric; and 3. Authorize award of the construction contract to Ranger Pipeline in the amount of $4,698,673.50 and authorize the Town Manager to approve change orders up to 20%. Exhibits: 1. Addendum to the Engineer's Report 2. Resolution Setting a Public Hearing 3. PG&E Agreement 4. Construction Agreement Prepared By: Steven Palmer, PE, Director of Public Works / Town Engineer EXHIBIT 1 1401 Willow Pass Road, Suite 500, Concord, CA 94520  p: 925.827.4900  f: 866.356.0998  www.WeAreHarris.com ADDENDUM Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) Engineer’s Report dated February 1, 2018 Date of Addendum: March 25, 2021 Background On the 7th day of February, 2018 the Town Council (the “Town Council”) of the Town of Tiburon (the “Town”) adopted Resolution No. 04-2018, which confirmed assessments (the “Assessments”) for the Town of Tiburon Assessment District No. 2017-1 (Hawthorne Underground District) (the “District”). The District was formed for the purpose of undergrounding overhead utilities within the District. The Assessment Diagram was recorded in the office of the Director of Public Works, as Superintendent of Streets, on the 16th day of February, 2018. The Notice of Assessment and Right to Prepay Assessment (the “Notice of Assessment”) was mailed to property owners on the 21st day of February, 2018. Assessments were prepaid during the cash collection period for four (4) parcels. At this time, the property owner of one (1) of the prepaid parcels has petitioned to be have their parcel reinstated back into the District, the Assessment restored at the original amount and their prepayment amount, less costs incurred by the Town, refunded. This Addendum serves to document the events relating to the Report and the Assessment District commencing with the date when the Report was confirmed. Findings Whereas, on the 7th day of February, 2018, Town Council held the Public Hearing and, after tabulation of Assessment Ballots revealed that there was no majority protest, approved the final Report, approved and confirmed the Assessments in the amount of $11,846,005.33, and ordered filing and recordation of the Assessment Diagram and Notice of Assessment. Whereas, on the 22nd day of February, 2018, the Assessment Diagram and Notice of Assessment were recorded at the County of Marin in Book 2018 of Maps and Assessments at Page 21. The Assessment Diagram is Document Number 2018-005674 and the Notice of Assessment was is Document Number 2018-005675. Whereas, Assessments were prepaid for four (4) parcels paid during the cash collection period that occurred from the 21st day of February, 2018, to the 23rd day of March, 2018. The prepaid Assessments are as follows: • Assessment No. 51 was prepaid, reducing the confirmed Assessment amount of $104,076.89 to $0.00. • Assessment No. 55A was prepaid, reducing the confirmed Assessment amount of $88,329.60, to $0.00. DR A F T = Harris & Associates I 2 • Assessment No. 116 was prepaid, reducing the confirmed Assessment amount of $104,076.89 to $0.00. • Assessment No. 118 was prepaid, reducing the confirmed Assessment amount $41,315.91 to $0.00. Whereas, District Assessments were reduced by $337,799.29 from the cash collections leaving total remaining Assessments equal to $11,508,206.04 Whereas on the 1st day of May, 2018, the Notice of Discharge of Assessments was recorded with the County of Marin for the four parcels that paid during cash collection as Document Number 2018- 0015490. Whereas the property owner of Assessor’s Parcel Number 055-183-27, represented by Assessment No. 51 and one of the prepaid parcels, requested that the Town refund the cash prepayment made with respect to such parcel and place a new assessment thereon in the amount of $104,076.89, which equals the amount initially assessed against such parcel as set forth in the Final Report. Whereas, the Assessment Engineer has determined that the methodology used in the original report is still valid and the amount of the calculated assessment is in proportion to the amount of special benefit received from the improvements as described in the report. Therefore, the following modifications to the Assessments are made: • Assessment No 51, which was previously paid off, is reinstated as Assessment No. 51A in the original amount of $104,076.89. • The total Assessments for the Assessment District now equal $11,612,282.93. I, Alison Bouley, P.E. the authorized representative of Harris & Associates, the duly appointed Assessment Engineer, am of the opinion that Assessment No. 51A has been apportioned in accordance with the estimated special benefit derived such parcel and that the assessment does not exceed the reasonable cost of the proportional special benefit, per the assessment apportionment methodology approved by the City Council and the property owners within the assessment district via a property owner balloting proceeding, which culminated on the 7th day of February, 2018,per the provisions of Article XIIID of the California Constitution. DATED: March 25, 2021 Harris & Associates By: __________________________ Alison Bouley, P.E. ASSESSMENT ENGINEER R.C.E. No. C61383 DR A F T EXHIBIT 2 Stradling Yocca Carlson & Rauth Draft of 3/23/21 1 4829-5768-0609v4/200690-0001 RESOLUTION NO. _______ RESOLUTION OF THE TOWN COUNCIL OF TOWN OF TIBURON, CALIFORNIA, SETTING A PUBLIC HEARING ON CHANGES TO TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-1 (HAWTHORNE UNDERGROUNDING DISTRICT) TO PLACE AN ASSESSMENT ON A PARCEL AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, this Town Council has heretofore adopted Resolution No. 01-2017 (the “Resolution of Intention”) declaring its intention to order the construction of certain improvements to underground utilities as described in the Resolution of Intention (the “Improvements”) and to form the Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) (the “Assessment District”) under the provisions of the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, “the Act”); and WHEREAS, this Town Council on November 29, 2017 adopted Resolution No. 35-2017 which preliminarily approved a report prepared under and pursuant to the Act and, in particular, Section 10204 of the California Streets and Highways Code (the “Engineer’s Report”) and fixed February 7, 2018 at the hour of 6:00 p.m. at the regular meeting place of the Town Council, Town Hall, 1505 Tiburon Boulevard, Tiburon, California 94920, as the time and place of hearing protests and objections to the Assessment District as proposed, including the Improvements and assessments included in the Engineer’s Report, and to receive and count the ballots for and against the proposed assessments to be levied; and WHEREAS, this Town Council on February 7, 2018 adopted Resolution No. 04-2018 which approved a Final Engineer’s Report (the “Final Report”) setting forth the Improvements to be acquired and constructed, found that a majority protest did not exist with respect to the assessments described in the Final Report, approved and confirmed the amounts to be assessed against the individual parcels shown in the assessment diagram contained in the Final Report, and directed the Town Clerk to record the assessment diagram and a Notice of Assessment in the office of the County Recorder of the County of Marin; and WHEREAS, following the recordation of the assessment diagram, an initial 30-day cash payment period began in which the owners of 4 parcels within the Assessment District, including the owner of Assessor’s Parcel Number 055-183-27, represented by Assessment Number 51 shown in the Final Report, prepaid their assessments and, following such payments, a Notice of Discharge of Assessment Liens and Addendum to Notice of Assessment was recorded in the office of the County Recorder of the County of Marin as Document No. 2018-0015490 reflecting such payments; and WHEREAS, following the close of the initial 30-day cash payment period, the owner of Assessor’s Parcel Number 055-183-27, represented by Assessment Number 51 shown in the Final Report, requested that the Town refund the cash prepayment made with respect to Assessor’s Parcel Number 055-183-27 and place a new the assessment thereon in the amount of $104,076.89, which equals the amount initially assessed against such parcel as set forth in the Final Report; and WHEREAS, an Addendum to the Engineer’s Report has been prepared setting forth the proposed assessment for Assessor’s Parcel Number 055-183-27, and the Addendum to the Engineer’s 2 4829-5768-0609v4/200690-0001 Report has been filed with the Town Council and has been available for review by the property owners within the Assessment District; and WHEREAS, the provisions of Section 10350, et seq. of the California Streets and Highways Code provide that changes may be made to the proceedings for an assessment district if the Town adopts a resolution briefly describing the changes proposed to be made, stating the amount of the estimated increase or decrease in the cost of the improvement by reason of the proposed changes and giving notice of a time and place when and where any interested person having any objection to the changes proposed to be made may appear and show cause why the changes should not be ordered; and WHEREAS, this Town Council now desires to approve the Addendum to Engineer’s Report, increase the assessment on Assessor’s Parcel Number 055-183-27 to $104,076.89, which is the amount originally assessed against Assessment Number 51, and set a public hearing for May 19, 2021 at which any interested person having any objection to the changes proposed may appear and show cause why the changes should not be ordered; NOW, THEREFORE, the Town Council of the Town of Tiburon DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER as follows: Section 1. The above recitals are all true and correct. Section 2. A public hearing shall be held on May 19, 2021 at 5:00 p.m. at the regular meeting place of the at the regular meeting place of the Town Council at Town Hall Council Chambers, 1505 Tiburon Boulevard, Tiburon, California 94920 to hear and consider protests and objections to the proposed Addendum to Engineer’s Report and the increased assessment on Assessor’s Parcel Number 055-183-27. This is the only change proposed to the Assessment District and the change will not result in an increase or decrease in the cost of the improvement to be financed by the Assessment District as described in the Final Report. Section 3. At least 45 days prior to the public hearing referred to in Section 2 hereof, the Town Clerk shall cause a notice of the public hearing referred to in Section 2 hereof to be mailed, postage prepaid, to the persons owning Assessor’s Parcel Number 055-183-27 within the Assessment District and whose names and addresses appear on the last equalized County of Marin assessment roll or the State Board of Equalization assessment roll, as the case may be. Such notice shall conform in all respects to the provisions of Section 53753 of the California Government Code and Section 4 of Article XIIID. Section 4. All inquiries for any and all information relating to these proceedings, including information relating to protest procedures, should be directed to: Greg Chanis Town Manager 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 Section 5. This Resolution shall take effect immediately upon its adoption. 3 4829-5768-0609v4/200690-0001 Section 6. The Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, and ADOPTED on March 31, 2021. HOLLI P. THIER, Mayor ATTEST: LEA STEFANI Town Clerk EXHIBIT 3 Ref: Contract ID: 1252717: HAWTHORNE DR, TIBURON, 94920 March 18, 2021 Greg Chanis, Town Manager 1505 Tiburon Blvd BEL TIBURON Greg Chanis, Town ManagerDear , * Only applies to Rule 15 Refundable Amounts. Amount shown is less credit for associated Applicant work. Please sign both copies of the agreement and return one copy of the agreement to the address below along with your paym This letter summarizes the agreements for this project. CA 94920 HAWTHORNE DR, TIBURON, 94920 Electric Overhead to Underground Conversion (20B) $1,251,113.84 $0.00 $0.00 $1,240,474.32 $0.00 $0.00 TOTAL PAYMENT DUE Non-Refundable Payment Refundable Option* 50% Discount Option* TOTAL ** $1,240,474.32 $1,240,474.32OR Enclosed are gas and/or electric agreements for your project located at: Less Credit (Engineering Advance, etc.) $20,000.00 $0.00 $0.00 Relocation / Rearrangement Costs $9,360.49 $0.00 $0.00 Town of Tiburon, A Government Agency ** The Income Tax Component of Contribution (ITCC) is included in the above charges when applicable. Brenna Donnellan Sincerely, Supervisor, Service Planning Should you have any questions regarding these contracts, please contact your project manager David Phillips at 707-775- 5341 or DWPH@pge.com. Complete, sign and return one copy of the agreement with your payment to: PG&E CFM/PPC DEPARTMENT PO BOX 997340 Sacramento, CA 95899-7340 RE: Contract ID: 1252717: Hawthorne Undergrounding , PG&E is committed to providing timely and efficient service and we look forward to continuing to work with you on this and future projects. Changes to the agreement, either to any of the terms or to the amount owing, are not permitted, and any change or interlineations voids the agreement. The payment of any amount less than the full amount shown will be deposited by PG&E, but PG&E will not begin any work on this contract until the amount is paid in full. The contract shall be deemed effective the date a fully executed copy is received by PG&E. Please allow 30 days from PG&E's receipt of the Agreement for construction to commence. Brenna Donnellan To complete your contract ONLINE Follow the instructions provided with your electronic contract Submit payment at pge.com/contractpayments To complete your contract BY MAIL Make checks payable to: PGE or Pacific Gas and Electric Complete, sign and retain one copy of the agreement for your records If the agreement is not returned to PG&E within 90 days of the date of this letter, the proposed agreement is canceled and PG&E may need to re-estimate the job. • • 11135091 SE • • • 62-4527 (Rev 1/91) Service Planning Advice No. 1633-G/1342-E Effective 4/02/91 Automated document, Preliminary Statement, Part A Page 1 of 3 Pacific Gas and Electric Company Agreement to Perform Tariff Schedule Related Work REFERENCES: Notification # Contract # R20-PM # 111350918 1252717 31320249 DISTRIBUTION: APPLICANT (Original) DIVISION (Original) ACCTG. SVCS. 1. Whenever part or all of the requested work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from such owners all necessary rights-of-way and/or permits in a form satisfactory to PG&E and without cost to it. 2. Applicant shall indemnify and hold harmless PG&E, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of any person, including but not limited to, employees of PG&E, Applicant or any third party, or for the loss, destruction or damage to property, including, but not limited to property of PG&E, Applicant or any third party, arising out of or in any way connected with the performance of this agreement, however caused, except to the extent caused by the active negligence or willful misconduct of PG&E, its officers, agents and employees. Applicant will, on PG&E's request, defend any suit asserting a claim covered by this indemnity. Applicant will pay all costs that may be incurred by PG&E in enforcing this indemnity, including reasonable attorneys' fees. 3. The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished and/or work to be performed by PG&E. If more space is required, use other side and attach any necessary drawings as Exhibits A, B, C, etc): LOCATION: DESCRIPTION OF WORK: HAWTHORNE DR, TIBURON, 94920 Rule 20B - Underground existing overhead electric facilities Engineering & Administrative Costs Value of Applicant Design Work $0.00 $595,388.57 Cost of Additional Applicant Design Plan Checks $0.00 Value of 20B Underground System $1,008,908.85 Tie-In of 20B by PG&E $96,361.55 PG&E Land Rights Costs $84,344.17 Inspection Fees $69,763.25 Value of 20B Trench & Excavation $4,698,673.50 Value of 20B Conduits & Substructures $403,620.51 Rule 20B Trench Permits Obtained by PG&E $2,000.00 less Cost of Equivalent Overhead System $607,872.00 SUB TOTAL $6,351,188.39 plus ITCC @ $0.00 $0.00less 20B Underground System Installed by Applicant $4,698,673.50less 20B Trench & Excavation Provided by Applicant $401,401.06less 20B Conduits & Substructures Installed by Applicant (+) (-) (-) (-) (=) (+) (+) (+) (+) (+) (+) (+) (+) (+) 0% (-) $0.00less Value of Applicant Design Work (-) $1,251,113.84(=) Electric Rule 20B Cash Payment TOWN OF TIBURON, A Government Agency (Applicant) has requested PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E), to perform the tariff schedule related work as located and described in paragraph 3 herein. PG&E agrees to perform the requested work and furnish all necessary labor, equipment, materials and related facilities required therefor, subject to the following conditions: 11135091 SE D D D 62-4527 (Rev 1/91) Service Planning Advice No. 1633-G/1342-E Effective 4/02/91 Automated document, Preliminary Statement, Part A Page 2 of 3 4. Applicant shall pay to PG&E, promptly upon demand by PG&E, as the complete contract price hereunder, the sum of Upon completion of requested work, ownership shall vest in:PG&E Applicant One Million Two Hundred Fifty-One Thousand One Hundred Thirteen Dollars And Eighty-Three Cents X TOWN OF TIBURON, A Government Agency PACIFIC GAS & ELECTRIC COMPANY Mailing Address:1505 Tiburon Blvd BEL TIBURON Title:Title: CA 94920 Supervisor, Service Planning Applicant Executed this day of By: Greg Chanis Brenna Donnellan Print/Type/Name By:Brenna Donnellan #signDayWPA##signMonWPA# #signYrWPA# #sigWPA# #titleWPA# #Form 62-4527# D D 11135091 SE 62-4527 (Rev 1/91) Service Planning Advice No. 1633-G/1342-E Effective 4/02/91 Automated document, Preliminary Statement, Part A Page 3 of 3 ($1,251,113.84) Ill II II Ill II II Ill II Ill II 111350918E 62-4527 (Rev 1/91) Service Planning Advice No. 1633-G/1342-E Effective 4/02/91 Automated document, Preliminary Statement, Part A Page 1 of 2 Pacific Gas and Electric Company Agreement to Perform Tariff Schedule Related Work REFERENCES: Notification # ERR-PM # GRR-PM # 111350918 DISTRIBUTION: APPLICANT (Original) DIVISION (Original) ACCTG. SVCS. TOWN OF TIBURON, A Government Agency (Applicant) has requested PACIFIC GAS AND ELECTRIC COMPANY, a California corporation (PG&E), to perform the tariff schedule related work as located and described in paragraph 3 herein. PG&E agrees to perform the requested work and furnish all necessary labor, equipment, materials and related facilities required therefor, subject to the following conditions: 1. Whenever part or all of the requested work is to be furnished or performed upon property other than that of Applicant, Applicant shall first procure from such owners all necessary rights-of-way and/or permits in a form satisfactory to PG&E and without cost to it. 2. Applicant shall indemnify and hold harmless PG&E, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of any person, including but not limited to, employees of PG&E, Applicant or any third party, or for the loss, destruction or damage to property, including, but not limited to property of PG&E, Applicant or any third party, arising out of or in any way connected with the performance of this agreement, however caused, except to the extent caused by the active negligence or willful misconduct of PG&E, its officers, agents and employees. Applicant will, on PG&E's request, defend any suit asserting a claim covered by this indemnity. Applicant will pay all costs that may be incurred by PG&E in enforcing this indemnity, including reasonable attorneys' fees. 3. The location and requested work are described as follows: (Describe in detail the materials and facilities to be furnished and/or work to be performed by PG&E. If more space is required, use other side and attach any necessary drawings as Exhibits A, B, C, etc): LOCATION: DESCRIPTION OF WORK: HAWTHORNE DR TIBURON, 94920 Rule 20 B for Town of Tiburon 31320249 Value of Applicant Design Work Additional Applicant Design Plan Checks Facilities (Cable, Transformers / Gas Pipe) Trench, Conduits & Substructures Tie-In / Meters Trench Permits & Land Rights Inspection Fees plus ITCC @ Sub Total plus Non Taxable Work less Value of Relocation Applicant Design Work less Work Provide by Applicant less Salvage 0.0%Electric 0.0%Gas Total Payment Electric Gas $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $9,360.49 $0.00 $9,360.49 $0.00 $0.00 $0.00 $0.00 $0.00 $9,360.49 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1252717Contract # Engineering & Administrative Cost (-) (-) (=) (+) (+) (+) (+) (+) (+) (=) (-) (+) (+) (+) D.0405055 Line Extension Costs - Residential $0.00 $0.00 D.0405055 Line Extension Costs - Non-Residential $0.00 $0.00 (+) (+) 11135091 SE D D D 62-4527 (Rev 1/91) Service Planning Advice No. 1633-G/1342-E Effective 4/02/91 Automated document, Preliminary Statement, Part A Page 2 of 2 4. Applicant shall pay to PG&E, promptly upon demand by PG&E, as the complete contract price hereunder, the sum of ($9,360.49) Upon completion of requested work, ownership shall vest in:PG&E Applicant TOWN OF TIBURON, A Government Agency PACIFIC GAS & ELECTRIC COMPANY Mailing Address:1505 Tiburon Blvd BEL TIBURON, Title:Title: CA 94920 Supervisor, Service Planning Nine Thousand Three Hundred Sixty Dollars And Forty-Nine Cents Applicant Executed this X day of By:By:Brenna Donnellan Greg Chanis Brenna Donnellan Print/Type/Name #signDayWPA##signMonWPA# #signYrWPA# #sigWPA# #titleWPA# #Form 62-4527# 11135091 SE EXHIBIT 4 DOCUMENT 00 5200 AGREEMENT THIS AGREEMENT, dated this __ day of April, 2021, by and between Ranger Pipelines, Inc. whose place of business is located at 1790 Yosemite Avenue, San Francisco, California (Contractor), and TOWN OF TIBURON, a political subdivision of the state of California (Owner), acting under and by virtue of the authority vested in Owner by the laws of the State of California. WHEREAS, Owner, by its Resolution No. [Insert Number] adopted on the 31st day of March, 2021 awarded to Contractor the following Contract: HAWTHORNE UTILITY UNDERGROUNDING DISTRICT PROJECT at VARIOUS STREETS TIBURON, CA 94920 2017-2 NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows: ARTICLE 1 SCOPE OF WORK OF THE CONTRACT 1.01 Work of the Contract A. Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents (Work). 1.02 Price for Completion of the Work A. Owner shall pay Contractor the following Contract Sum ($4,698,673.50) for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto. B. The Contract Sum includes all allowances (if any). C. The Contract Sum is all inclusive and includes all Work; all federal, state, and local taxes on materials and equipment, and labor furnished by Contractor, its subcontractors, subconsultants, architects, engineers, and" vendors or otherwise arising out of Contractor's performance of the Work, including any increases in any such taxes during the term of this Agreement; and any duties, fees, and royalties imposed with respect to any materials and equipment, labor or services. The taxes covered hereby include (but are not limited' to) occupational, sales, use, excise, unemployment, FICA, and income taxes, customs, duties, and any and all other taxes on any item or service that is part of the Work, whether such taxes are normally included in the price of such item or service or are normally stated separately. Notwithstanding the foregoing, each party shall bear such state or local inventory, real property, personal property or fixtures taxes as may be properly assessed against it by applicable taxing authorities. ARTICLE 2 COMMENCEMENT AND COMPLETION OF WORK 2.01 Commencement of Work A. Contractor shall commence Work on the date established in the Notice to Proceed (Commencement Date). B. Owner reserves the right to modify or alter the Commencement Date. C. Owner anticipates that the Notice to Proceed will be issued in Spring 2021 with a Commencement Date no earlier than May 3, 2021, and no later than June 30, 2021. 2.02 Completion of Work A. Contractor shall achieve Final Completion of the entire Work within 150 Working Days from the Commencement Date. ARTICLE 3 PROJECT REPRESENTATIVES 3.01 Owner’s Project Manager A. Owner has designated the Town Engineer as its Project Manager to act as Owner’s Representative in all matters relating to the Contract Documents. If Project Manager is an employee of Owner, Project Manager is the beneficiary of all Contractor obligations to Owner including, without limitation, all releases and indemnities. B. Project Manager shall have final authority over all matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of Owner, to accept work, and to make decisions or actions binding on Owner, and shall have sole signature authority on behalf of Owner. C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative. 3.02 Contractor’s Project Manager and Other Key Personnel A. Contractor has designated [________] as its Project Manager to act as Contractor’s Representative in all matters relating to the Contract Documents. B. Contractor has designated the following other Key Personnel for the Project: Name Position ARTICLE 4 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK 4.01 Liquidated Damage Amounts A. As liquidated damages for delay Contractor shall pay Owner Three Thousand dollars ($3,000.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved. 4.02 Scope of Liquidated Damages A. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions). ARTICLE 5 CONTRACT DOCUMENTS 5.01 Contract Documents consist of the following documents, including all changes, Addenda, and Modifications thereto: Document 00 5100 Notice of Award Document 00 5200 Agreement Document 00 5500 Notice to Proceed Document 00 6113.13 Construction Performance Bond Document 00 6113.16 Construction Labor and Material Payment Bond Document 00 6290 Escrow Agreement for Security Deposits Document 00 6325 Substitution Request Form Document 00 6530 Release of Claims Document 00 6536 Guaranty Document 00 7200 General Conditions Document 00 7301 Supplemental General Conditions Document 00 7316 Supplementary Conditions – Insurance and Indemnification Document 00 7380 Apprenticeship Program Document 00 9113 Addenda 2015 California Department of Transportation Standard Specifications and any revisions thereto. 2015 California Department of Transportation Standard Plans and any revisions thereto. Specifications Divisions 01 through [__] Document 0115 Table, Schedules and Technical Specifications Drawing No. T-1 – D-3 5.02 There are no Contract Documents other than those that are listed above. The Contract Documents may only be amended, modified or supplemented as provided in Document 00 7200 (General Conditions). ARTICLE 6 MISCELLANEOUS 6.01 Terms and abbreviations used in this Agreement are defined in Document 00 7200 (General Conditions) and Section 01 4200 (References and Definitions) and will have the meaning indicated therein. 6.02 Contractor and Owner understand and agree that in no instance are the persons signing this Agreement for or on behalf of Owner or acting as an employee, agent, or representative of Owner, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise. Contractor and Owner further understand and agree that liability of Owner is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 6.03 Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified. 6.04 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time Owner tenders final payment to Contractor, without further acknowledgment by the parties. 6.05 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the Owner’s Facilities Development and Management Division, may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm] and are deemed included in the Contract Documents, and shall be made available to any interested party on request. Pursuant to Labor Code Sections 1860 and 1861, in accordance with Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 6.06 This Agreement and the Contract Documents shall be deemed to have been entered into in the Town of Tiburon, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the Superior Court for the County of Marin, California. IN WITNESS WHEREOF the parties have executed this Agreement in quadruplicate the day and year first above written. CONTRACTOR: [CONTRACTOR’S NAME] By: ______________________________ By: _______________________________ (Signature) (Signature) Its: _______________________________ Its: ________________________________ Title (If Corporation: Chairman, President Title (If Corporation: Secretary, Assistant or Vice President) Secretary, Chief Financial Officer or Assistant Treasurer) OWNER: TOWN OF TIBURON By: (Signature) (Print Name) (Title) Attest: Secretary (Print Name) APPROVED AS TO FORM AND LEGALITY THIS __ DAY OF _____, [20__] By: Attorney for Owner (Print Name) END OF DOCUMENT From:Lea Stefani To:(General Plan Update Subscriber) dmccrohan@comcast.net; Lorenzo Morotti Bcc:AllTC (Tiburon Town Council); Benjamin Stock; Steven Palmer Subject:AI-3: REVISED EXHBITS Hawthorne Undergrounding Item Date:Wednesday, March 31, 2021 1:32:00 PM Attachments:Exhibit 2 - Reso Markup.pdfExhibit 2 - REVISED Resolution for Public Hearing.docxExhibit 1 - FINAL REVISED ADDENDUM.pdfExhibit 1 - REDLINES FINAL REVISED ADDENDUM.pdf Importance:High All, Please find attached revised exhibits to today’s item on the Hawthorne Undergrounding District. These are minor revisions to the exhibits already attached to the staff report and are attached here in both clean and redline copy. Thanks, Lea file://NoURLProvided[3/31/2021 10:42:09 AM] Styling and Annotations 0 Styling 0 Annotations 3/31/2021 10:42:09 AM Compare Results Total Changes 45 Content 18 Replacements 13 Insertions 14 Deletions Go to First Change (page 1) Old File: Exhibit 1 - Addendum to Engineer's Report for Hawthorne UUG District 25Mar2021.pdf 3 pages (864 KB) 3/26/2021 2:22:59 PM versus New File: Exhibit 1 - FINAL REVISED ADDENDUM.pdf 3 pages (358 KB) 3/31/2021 10:29:16 AM 1401 Willow Pass Road, Suite 500, Concord, CA 94520  p: 925.827.4900  f: 866.356.0998  www.WeAreHarris.com PRELIMINARY ADDENDUM Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) Engineer’s Report dated February 1, 2018 Date of Addendum: March 29, 2021 Background On the 7th day of February, 2018 the Town Council (the “Town Council”) of the Town of Tiburon (the “Town”) adopted Resolution No. 04-2018, which confirmed assessments (the “Assessments”) for the Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) (the “District”). The District was formed for the purpose of undergrounding overhead utilities within the District. The Assessment Diagram was recorded in the office of the Director of Public Works, as Superintendent of Streets, on the 16th day of February, 2018. The Notice of Assessment and Right to Prepay Assessment (the “Notice of Assessment”) was mailed to property owners on the 21st day of February, 2018. Assessments were prepaid during the cash collection period for four (4) parcels. At this time, the property owner of one (1) of the prepaid parcels has petitioned to have their parcel reinstated back into the District, to have a new Assessment at the original amount assessed against their parcel and their prepayment amount, less costs incurred by the Town, refunded to them. This Addendum serves to document the events relating to the Engineer’s Report dated February 1, 2018 (the “Report”) and the Assessment District commencing with the date the Report was confirmed. Findings Whereas, on the 7th day of February, 2018, Town Council held the Public Hearing and, after tabulation of Assessment Ballots revealed that there was no majority protest, approved the final Report, approved and confirmed the Assessments in the amount of $11,846,005.33, and ordered filing and recordation of the Assessment Diagram and Notice of Assessment. Whereas, on the 22nd day of February, 2018, the Assessment Diagram and Notice of Assessment were recorded at the County of Marin in Book 2018 of Maps and Assessments at Page 21. The Assessment Diagram is Document Number 2018-005674 and the Notice of Assessment is Document Number 2018-005675. Whereas, Assessments were prepaid for four (4) parcels during the cash collection period that occurred from the 21st day of February, 2018, to the 23rd day of March, 2018. The prepaid Assessments are as follows: •Assessment No. 51 was prepaid, reducing the confirmed Assessment amount of $104,076.89 to $0. = Harris & Associates I 2 •Assessment No. 55A was prepaid, reducing the confirmed Assessment amount of $88,329.60 to $0. •Assessment No. 116 was prepaid, reducing the confirmed Assessment amount of $104,076.89 to $0. •Assessment No. 118 was prepaid, reducing the confirmed Assessment amount of $41,315.91 to $0. Whereas, District Assessments were reduced by $337,799.29 from the cash collections leaving total remaining Assessments equal to $11,508,205.98. Whereas, on the 1st day of May, 2018, the Notice of Discharge of Assessments was recorded with the County of Marin for the four parcels that paid during the cash collection period as Document Number 2018-0015490. Whereas, the property owner of Assessor’s Parcel Number 055-183-27, represented by Assessment No. 51 one of the prepaid parcels, requested that the Town refund the cash prepayment with respect to such parcel and place a new assessment thereon in the amount of $104,076.89, which equals the amount initially assessed against such parcel as set forth in the Report. Whereas, the Assessment Engineer has determined that the methodology used in the original Report is still valid and the amount of the calculated Assessment is in proportion to the amount of special benefit received from the improvements as described in the Report. Whereas, assuming the new Assessment No. 51A (as described herein) is assessed against Assessor’s Parcel Number 055-183-27, the Assessment Engineer hereby reconfirms that the requirement of Division 4 of the California Streets and Highway Code remains satisfied with Part 7.5 of said Division 4, for which the following is presented: a.The total amount, as near as can be determined, of the total principal amount of all unpaid special assessment and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than contemplated in the instant proceeding is: $0 b.The total amount of the principal sum of the special assessment (the “Balance of Assessment”) proposed to be levied in the instant proceeding is: $104,076.89 c.The total amount of the principal sum of unpaid special assessment levied against the parcel proposed to be assessed plus the principal amount of the special assessment proposed to be levied in the instant proceeding is: $104,076.89 d.The total true value, as near as may be determined, of the land and improvements for the parcel which is proposed to be assessed in the instant proceeding, as determined by the full cash value of the parcel as shown upon the last equalized assessment roll of the County of Marin, is: $1,714,877 •A new Assessment No. 51A, in the amount of $104,076.89, is placed on Assessor’s Parcel Number 055-183-279. Therefore, the following modification to the Assessment is made: 3 •The total Assessments for the Assessment District now equal $11,612,283. I, Alison Bouley, P.E. the authorized representative of Harris & Associates, the duly appointed Assessment Engineer, am of the opinion that Assessment No. 51A has been apportioned in accordance with the estimated special benefit derived by Assessor’s Parcel Number 055-185-27 and that the new Assessment Number 51A does not exceed the reasonable cost of the proportional special benefit to be conferred on such parcel, per the assessment apportionment methodology approved by the City Council and the property owners within the District via a property owner balloting proceeding, which culminated on the 7th day of February, 2018,per the provisions of Article XIIID of the California Constitution. This report does not represent a recommendation of parcel value, economic viability or financial feasibility, as that is not the responsibility of the Assessment Engineer. DATED: March 29, 2021 Harris & Associates By: __________________________ Alison Bouley, P.E. ASSESSMENT ENGINEER R.C.E. No. C61383 -I . & Associates Hams - 1401 Willow Pass Road, Suite 500, Concord, CA 94520  p: 925.827.4900  f: 866.356.0998  www.WeAreHarris.com PRELIMINARY ADDENDUM Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) Engineer’s Report dated February 1, 2018 Date of Addendum: March 29, 2021 Background On the 7th day of February, 2018 the Town Council (the “Town Council”) of the Town of Tiburon (the “Town”) adopted Resolution No. 04-2018, which confirmed assessments (the “Assessments”) for the Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) (the “District”). The District was formed for the purpose of undergrounding overhead utilities within the District. The Assessment Diagram was recorded in the office of the Director of Public Works, as Superintendent of Streets, on the 16th day of February, 2018. The Notice of Assessment and Right to Prepay Assessment (the “Notice of Assessment”) was mailed to property owners on the 21st day of February, 2018. Assessments were prepaid during the cash collection period for four (4) parcels. At this time, the property owner of one (1) of the prepaid parcels has petitioned to have their parcel reinstated back into the District, to have a new Assessment at the original amount assessed against their parcel and their prepayment amount, less costs incurred by the Town, refunded to them. This Addendum serves to document the events relating to the Engineer’s Report dated February 1, 2018 (the “Report”) and the Assessment District commencing with the date the Report was confirmed. Findings Whereas, on the 7th day of February, 2018, Town Council held the Public Hearing and, after tabulation of Assessment Ballots revealed that there was no majority protest, approved the final Report, approved and confirmed the Assessments in the amount of $11,846,005.33, and ordered filing and recordation of the Assessment Diagram and Notice of Assessment. Whereas, on the 22nd day of February, 2018, the Assessment Diagram and Notice of Assessment were recorded at the County of Marin in Book 2018 of Maps and Assessments at Page 21. The Assessment Diagram is Document Number 2018-005674 and the Notice of Assessment is Document Number 2018-005675. Whereas, Assessments were prepaid for four (4) parcels during the cash collection period that occurred from the 21st day of February, 2018, to the 23rd day of March, 2018. The prepaid Assessments are as follows: •Assessment No. 51 was prepaid, reducing the confirmed Assessment amount of $104,076.89 to $0. = Harris & Associates I 2 •Assessment No. 55A was prepaid, reducing the confirmed Assessment amount of $88,329.60 to $0. •Assessment No. 116 was prepaid, reducing the confirmed Assessment amount of $104,076.89 to $0. •Assessment No. 118 was prepaid, reducing the confirmed Assessment amount of $41,315.91 to $0. Whereas, District Assessments were reduced by $337,799.29 from the cash collections leaving total remaining Assessments equal to $11,508,205.98. Whereas, on the 1st day of May, 2018, the Notice of Discharge of Assessments was recorded with the County of Marin for the four parcels that paid during the cash collection period as Document Number 2018-0015490. Whereas, the property owner of Assessor’s Parcel Number 055-183-27, represented by Assessment No. 51 one of the prepaid parcels, requested that the Town refund the cash prepayment with respect to such parcel and place a new assessment thereon in the amount of $104,076.89, which equals the amount initially assessed against such parcel as set forth in the Report. Whereas, the Assessment Engineer has determined that the methodology used in the original Report is still valid and the amount of the calculated Assessment is in proportion to the amount of special benefit received from the improvements as described in the Report. Whereas, assuming the new Assessment No. 51A (as described herein) is assessed against Assessor’s Parcel Number 055-183-27, the Assessment Engineer hereby reconfirms that the requirement of Division 4 of the California Streets and Highway Code remains satisfied with Part 7.5 of said Division 4, for which the following is presented: a.The total amount, as near as can be determined, of the total principal amount of all unpaid special assessment and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than contemplated in the instant proceeding is: $0 b.The total amount of the principal sum of the special assessment (the “Balance of Assessment”) proposed to be levied in the instant proceeding is: $104,076.89 c.The total amount of the principal sum of unpaid special assessment levied against the parcel proposed to be assessed plus the principal amount of the special assessment proposed to be levied in the instant proceeding is: $104,076.89 d.The total true value, as near as may be determined, of the land and improvements for the parcel which is proposed to be assessed in the instant proceeding, as determined by the full cash value of the parcel as shown upon the last equalized assessment roll of the County of Marin, is: $1,714,877 •A new Assessment No. 51A, in the amount of $104,076.89, is placed on Assessor’s Parcel Number 055-183-279. Therefore, the following modification to the Assessment is made: 3 •The total Assessments for the Assessment District now equal $11,612,283. I, Alison Bouley, P.E. the authorized representative of Harris & Associates, the duly appointed Assessment Engineer, am of the opinion that Assessment No. 51A has been apportioned in accordance with the estimated special benefit derived by Assessor’s Parcel Number 055-185-27 and that the new Assessment Number 51A does not exceed the reasonable cost of the proportional special benefit to be conferred on such parcel, per the assessment apportionment methodology approved by the City Council and the property owners within the District via a property owner balloting proceeding, which culminated on the 7th day of February, 2018,per the provisions of Article XIIID of the California Constitution. This report does not represent a recommendation of parcel value, economic viability or financial feasibility, as that is not the responsibility of the Assessment Engineer. DATED: March 29, 2021 Harris & Associates By: __________________________ Alison Bouley, P.E. ASSESSMENT ENGINEER R.C.E. No. C61383 -I . & Associates Hams - Stradling Yocca Carlson & Rauth Draft of 3/2329/21 RESOLUTION NO. _______ RESOLUTION OF THE TOWN COUNCIL OF TOWN OF TIBURON, CALIFORNIA, SETTING A PUBLIC HEARING ON CHANGES TO TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-1 (HAWTHORNE UNDERGROUNDING DISTRICT) TO PLACE AN ASSESSMENT ON A PARCEL AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, this Town Council has heretofore adopted Resolution No. 01-2017 (the “Resolution of Intention”) declaring its intention to order the construction of certain improvements to underground utilities as described in the Resolution of Intention (the “Improvements”) and to form the Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) (the “Assessment District”) under the provisions of the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, “the Act”); and WHEREAS, this Town Council on November 29, 2017 adopted Resolution No. 35-2017 which preliminarily approved a report prepared under and pursuant to the Act and, in particular, Section 10204 of the California Streets and Highways Code (the “Engineer’s Report”) and fixed February 7, 2018 at the hour of 6:00 p.m. at the regular meeting place of the Town Council, Town Hall, 1505 Tiburon Boulevard, Tiburon, California 94920, as the time and place of hearing protests and objections to the Assessment District as proposed, including the Improvements and assessments included in the Engineer’s Report, and to receive and count the ballots for and against the proposed assessments to be levied; and WHEREAS, this Town Council on February 7, 2018 adopted Resolution No. 04-2018 which approved a Final Engineer’s Report (the “Final Report”) setting forth the Improvements to be acquired and constructed, found that a majority protest did not exist with respect to the assessments described in the Final Report, approved and confirmed the amounts to be assessed against the individual parcels shown in the assessment diagram contained in the Final Report, and directed the Town Clerk to record the assessment diagram and a Notice of Assessment in the office of the County Recorder of the County of Marin; and WHEREAS, following the recordation of the assessment diagram, an initial 30-day cash payment period began in which the owners of 4 parcels within the Assessment District, including the owner of Assessor’s Parcel Number 055-183-27, represented by Assessment Number 51 shown in the Final Report, prepaid their assessments and, following such payments, a Notice of Discharge of Assessment Liens and Addendum to Notice of Assessment was recorded in the office of the County Recorder of the County of Marin as Document No. 2018-0015490 reflecting such payments; and WHEREAS, following the close of the initial 30-day cash payment period, the owner of Assessor’s Parcel Number 055-183-27, represented by Assessment Number 51 shown in the Final Report, requested that the Town refund the cash prepayment made with respect to Assessor’s Parcel Number 055-183-27 and place a new the assessment thereon in the amount of $104,076.89, which equals the amount initially assessed against such parcel as set forth in the Final Report; and WHEREAS,ana Preliminary Addendum to the Engineer’s Report (the “Addendum”) has been prepared setting forth the proposed assessment for Assessor’s Parcel Number 055-183-27, and 1 4829-5768-0609v46/200690-0001 the Addendum to the Engineer’s Report has been filed with the Town Council and has been available for review by the property owners within the Assessment District; and WHEREAS, the provisions of Section 10350,et seq. of the California Streets and Highways Code provide that changes may be made to the proceedings for an assessment district if the Town adopts a resolution briefly describing the changes proposed to be made, stating the amount of the estimated increase or decrease in the cost of the improvement by reason of the proposed changes and giving notice of a time and place when and where any interested person having any objection to the changes proposed to be made may appear and show cause why the changes should not be ordered; and WHEREAS, this Town Council now desires to approve the Addendum to Engineer’s Report, increase the, place a new assessment on Assessor’s Parcel Number 055-183-27 toin the amount of $104,076.89, which is the amount originally assessed against Assessment Number 51, and set a public hearing for May 19, 2021 at which any interested person having any objection to the changes proposed may appear and show cause why the changes should not be ordered; NOW, THEREFORE, the Town Council of the Town of Tiburon DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER as follows: The above recitals are all true and correct.Section 1. A public hearing shall be held on May 19, 2021 at 5:00 p.m.at the regularSection 2. meeting place of the at the regular meeting place of the Town Council at Town Hall Council Chambers, 1505 Tiburon Boulevard, Tiburon, California 94920 to hear and consider protests and objections to the proposed Addendum to Engineer’s Report and the increasednew assessment on Assessor’s Parcel Number 055-183-27. As set forth in Part IV of the Engineer’s Report, if the new assessment is approved, the assessed parcel will also be subject to the annual administrative assessment set forth therein. This is the only change proposed to the Assessment District and the change will not result in an increase or decrease in the cost of the improvement to be financed by the Assessment District as described in the Final Report. At least 45 days prior to the public hearing referred to in Section 2 hereof, theSection 3. Town Clerk shall cause a notice of the public hearing referred to in Section 2 hereof to be mailed, postage prepaid, to the personseach person owning Assessor’s Parcel Number 055-183-27 within the Assessment District and whose namesname and addresses appearaddress appears on the last equalized County of Marin assessment roll or the State Board of Equalization assessment roll, as the case may be. Such notice shall conform in all respects to the provisions of Section 53753 of the California Government Code and Section 4 of Article XIIID. All inquiries for any and all information relating to these proceedings,Section 4. including information relating to protest procedures, should be directed to: Greg Chanis Town Manager 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 2 4829-5768-0609v46/200690-0001 This Resolution shall take effect immediately upon its adoption.Section 5. The Town Clerk shall certify to the passage and adoption of this resolutionSection 6. and enter it into the book of original resolutions. PASSED, APPROVED, and ADOPTED on March 31, 2021. HOLLI P. THIER, Mayor ATTEST: LEA STEFANI Town Clerk 3 4829-5768-0609v46/200690-0001 Document comparison by Workshare 9 on Monday, March 29, 2021 11:14:40 AM Input: Document 1 ID netdocuments://4829-5768-0609/4 Description Resolution Increasing Assessment (Town of Tiburon Hawthorne AD No. 2017-1 ) Document 2 ID netdocuments://4829-5768-0609/6 Description Resolution Increasing Assessment (Town of Tiburon Hawthorne AD No. 2017-1 ) Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 13 Deletions 14 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 27 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department Subject: Town Council Appeal Procedures Revisions Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will review the Town Council’s appeal procedures and determine if any revisions to the hearing presentation procedures are desired. RECOMMENDED ACTION(S) 1. Discuss desired revisions to the Town Council appeal procedures and direct staff to return to the Council at a future meeting with a resolution amending the procedures. BACKGROUND The Town Council adopted the Town’s current Town Council appeal procedures (Exhibit 1) on March 17, 2010. The appeal procedures offer guidance to applicants, appellants, Town staff, and the Town Council on the filing and scheduling of appeals to the Town Council, procedures for the presentation of the appeal at the Town Council hearing, and the use of story poles, if necessary. The Town’s current procedures for the presentation of the appeal at Council hearings is listed in the current resolution as follows: 1. Staff Presentation – 10 minutes 2. Appellant Presentation – 20 minutes 3. Applicant Presentation – 20 minutes 4. Public Comment – 3 minutes 5. Appellant Rebuttal – 3 minutes 6. Applicant Rebuttal – 3 minutes ANALYSIS Staff conducted a survey of other Marin cities’ presentation procedures during Council appeals. The results are shown in the figure below. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 31, 2021 Agenda Item: AI-4 Town Council Meeting March 31, 2021 TOWN OF TIBURON PAGE 2 OF 2 City Appellant Applicant Public Appellant Rebuttal Applicant Rebuttal Belvedere No formal policy Corte Madera 10 minutes 10 minutes 3 minutes 5 minutes 5 minutes Fairfax 10 minutes 10 minutes 3 minutes No formal policy Larkspur 10 minutes 10 minutes 3 minutes 3 minutes 3 minutes Mill Valley 10 minutes 10 minutes 2-3 minutes 5 minutes 5 minutes Novato 10 minutes 10 minutes 3 minutes 5 minutes 5 minutes Ross 15 minutes 15 minutes 3 minutes 5 minutes 5 minutes San Anselmo 15 minutes 15 minutes 3 minutes 5 minutes 5 minutes San Rafael 10 minutes 10 minutes 2 minutes None - Q&A None - Q&A Sausalito 10 minutes 10 minutes 3 minutes 5 minutes 5 minutes Tiburon 20 minutes 20 minutes 3 minutes 3 minutes 3 minutes Tonight, the Council can discuss desired revisions to the appeal procedures, including adjustments to the time limits used during the Town Council hearing presentation. Based on the Council’s direction, staff will return to the Council at the next meeting with a resolution formalizing changes. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by a revision of the Council’s appeal procedures. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council discuss desired revisions to the Town Council appeal procedures and direct staff to return to the Council at a future meeting with a resolution amending the procedures. Exhibit(s): 1. Town Council Resolution No. 17-2010 Prepared By: Lea Stefani, Town Clerk EXHIBIT 1 RESOLUTION NO. 17-2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING AN AMENDED POLICY FOR THE PROCESSING, SCHEDULING, RECONSIDERATION, AND STORY POLE REPRESENTATION OF APPEALS, AND SUPERSEDING EXISTING POLICIES WHEREAS, the Town receives and hears appeals from decisions of various commissions, boards and administrative officials from time to time, and WHEREAS, the Town Council has adopted various policies over the years with respect to appeal procedures, scheduling, and reconsideration, including Resolutions Nos. 2878 and 3218 and Town Council Policy Nos. 95-01 and 2002-01; and WHEREAS, the Town Council has determined that it is timely and appropriate to update and consolidate these policies regarding appeals; and WHEREAS, the Town Council has held a public meeting on this matter on March 1 7, 2010 and has heard and considered any public testimony and correspondence; and NOW, THEREFORE, BE IT RESOLVED that Town Council Resolution No. 2878, Town Council Resolution No. 3218, Town Council Policy 95-01, and Town Council Policy 2002-01 are hereby superseded by this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby adopt the following general policy with respect to processing, scheduling, and reconsideration of appeals and for story pole installation for appeals. APPEAL PROCEDURE 1. The Municipal Code sets forth instances when persons may appeal a decision by a review authority ( e.g. Town official, Design Review Board or Planning Commission) to the Town Council. Any person making such an appeal must file a completed Town of Tiburon Notice of Appeal form, available on the Town's web site and at Town Hall, with the Town Clerk not more than ten (10) calendar days following the date of the decision being appealed. Shorter time frames for filing an appeal apply to certain types of permits. If the final day to appeal occurs on a day when Town Hall is closed for public business, the final day to appeal shall be extended to the next day at which Town Hall is open for public business. Appeals may not be revised or amended in writing after the appeal period filing date has passed. Tiburon Town Council Resolution No. 17-2010 03/17/2010 1 2. The appellant must submit filing fees with the Notice of Appeal form. Filing fees are set forth in the Town's current adopted Fee Schedule. (a) If the applicant is the appellant, the remainder of the filing fee (if any) will be refunded following completion of the appeal process. Additional staff time or costs to process an applicant's appeal is the financial responsibility of the applicant and will be billed per the Town's current hourly rate schedule and/or at actual cost if outside consulting is required. (b) If the appellant is not the applicant, then a fixed amount filing fee is required with no refund or additional billing required. 3. In the appeal form, the appellant shall state specifically either of the following: (a) The reasons why the decision is inconsistent with the Tiburon Municipal Code or other applicable regulations; or (b) The appellant's other basis for claiming that the decision was an error or abuse of discretion, including, without limitation, the claim that the decision is not supported by evidence in the record or is otherwise improper. If the appellant is not the applicant, the Town Council need only consider on appeal issues that that the appellant or other interested party raised prior to the time that the review authority whose decision is being appealed made its decision. 4. The appellant must state all grounds on which the appeal is based in the Notice of Appeal form filed with the Town Clerk. Neither Town staff nor the Town Council need address grounds introduced at a later time that were not raised in the Notice of Appeal form. 5. The procedure for presentation of the appeal at the Town Council meeting is as described below. In cases where the applicant is the appellant, paragraphs (c) and (f) below would not apply. (a) Town Staff may make a brief(approximately 10 minute) presentation of the matter and then respond to Town Council questions. (b) Appellant and/or appellant's representative(s) may make a presentation ofno more than twenty (20) minutes and then respond to Town Council questions. Appellant may divide up the twenty (20) minutes between various speakers or have only one speaker, provided that the time limit is observed. Time devoted to responding to Town Council questions shall not be included as part of the twenty (20) minute time limit. (c) Applicant and/or applicant's representative(s) may make a presentation ofno more than twenty (20) minutes and then respond to Town Council questions. Applicant may divide up the twenty (20) minutes between various speakers or have only one speaker, provided that the time limit is observed. Time devoted to responding to Tiburon Town Council Resolution No. 17-2010 03/17/2010 2 Town Council questions shall not be included as part of the twenty (20) minute time limit. ( d) Any interested member of the public may speak on the item for no more than three (3) minutes. A speaker representing multiple persons ( e.g., homeowner's association, advocacy group or official organization, etc.) may speak on the item for no more than five (5) minutes, at the discretion of the Mayor. ( e) Appellant is entitled to an up to three (3) minute rebuttal, if desired, of any comments previously made at the hearing. (f) Applicant is entitled to an up to three (3) minute rebuttal, if desired, of any comments previously made at the hearing. 7. The testimony portion of the appeal hearing is closed and the Town Council will begin deliberations on the appeal. There will be no more applicant, appellant, or public testimony accepted unless requested by the Town Council. 8. If, following deliberation, the Town Council is prepared to make a decision on the appeal, it will direct Town staff to return with a draft resolution setting forth the decision, and the findings upon which it is based, for consideration at a future Town Council meeting. The decision of the Town Council is not final until the resolution is adopted. Alternatively, if the Town Council is not prepared to make a decision on the appeal, it may: (a) Continue the appeal to a future date; (b) Remand the item to the review authority from which it was appealed for further hearing, review and action, with a specific description of the outstanding and unresolved issues and appropriate direction thereon; or ( c) Refer the item to another review authority for its review and recommendations prior to further Town Council consideration. 9. Following a final decision by the Town Council, Town staff will promptly mail a Notice of Decision to the applicant and appellant. RECONSIDERATION If, after the Town Council has voted to direct staff to prepare a resolution of decision, significant new information comes to light, which information was previously unknown or could not have been presented at the appeal hearing due to circumstances beyond the parties' control and not due to a lack of diligence, the Town Council may entertain a motion to reconsider its direction to prepare a resolution of decision. Any such motion to reconsider must be made prior to adoption of the resolution of decision, and the motion must be made by a Councilmember who voted on the prevailing side in the vote sought to be reconsidered. Any Councilmember may second the motion. The Town Council may consider and vote on the motion to reconsider at that time, and if the motion carries, the matter shall be placed on a future agenda for further notice and hearing. Tiburon Town Council Resolution No. 17-2010 03/17/2010 3 SCHEDULING OF APPEALS 1. The Town's policy is to schedule and hear appeals in an expeditious manner. Appeals will generally be heard at the first regular Town Council meeting that is at least fifteen (15) days after close of the appeal period. At the sole discretion of the Town Manager, the Town may schedule the appeal for a subsequent Town Council meeting based on the complexity of the matter, availability of key Town staff members and Councilmembers, agenda availability, or unusual circumstances. Town staff will make reasonable efforts to establish the hearing date for the appeal within three (3) working days of the close of the appeal period. The Town Clerk, in coordination with appropriate Town staff, will promptly advise all parties to the appeal of the selected hearing date. 2. The Town Manager will grant requests for continuances from the date established above in the event that all parties to the appeal agree in writing to a date specific for the continuance and that date is deemed acceptable by the Town Manager. 3. Attendance of parties to an appeal at the hearing is desired, but not required. The Town Council will consider written comments or representation by others in lieu of personal appearance. STORY POLES For appeals where story poles were erected for review of the original decision being appealed, a story pole representation shall be required for the Town Council's appeal review process, as follows: 1. A story pole plan showing the poles to be connected, including location and elevations of poles and connections, shall be submitted, reviewed, and accepted as adequate by Planning Division Staff prior to installation of the poles and connections. 2. Critical story poles, as determined by Staff, must be connected by means of ribbons, caution tape, rope or other similar and highly visible materials clearly discemable from a distance of at least three-hundred (300) feet in clear weather, to illustrate the dimensions and configurations of the proposed construction. 3. Story poles and connecting materials must be installed at least ten (l 0) days prior to the date of the appeal hearing before the Town Council. 4. Failure to install the poles and materials in a timely manner may result in continuance of the public hearing date. Tiburon Town Council Resolution No. 17-2010 03/17/2010 4 5. Story poles must be removed no later than fourteen (14) days after the date of final decision by the Town Council. APPLICABILITY This policy, while primarily written for use by the Town Council, is intended to apply to the extent practicable to Town decision-making bodies, other than the Town Council, which may hear appeals from time to time. Be advised that certain types of appeals, such as appeals of staff- level design review application decisions to the Design Review Board, may have different deadlines for filing of the appeal than the ten (10) calendar days specified above. PASS ED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 17, 2010, by the following vote: A YES: COUNCILMEMBERS: Collins, Fraser, Fredericks & O'Donnell NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Slavitz DIANE CRANE Tiburon Town Council Resolution No. 17-2010 03/17/2010 5