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Home My WebLink AboutTC Agd Pkt 2022-09-21 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council September 21, 2022 Special Meeting – 4:30 P.M. Regular Meeting – 5:00 P.M. TIBURON TOWN COUNCIL AGENDA CORONAVIRUS (COVID-19) ADVISORY NOTICE Consistent with Government Code section 54953(e), 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://us06web.zoom.us/j/82308023322 Webinar ID: 823 0802 3322 Call-in Number: +1 669 444 9171 Access Code: 823 0802 3322 Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s website and to this agenda. Members of the public may provide public comment by sending comments to the Town Clerk by email at comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be distributed electronically to the Town Council and posted on the Town’s website. Comments received after the start time of the Council meeting, but prior to the close of public comment period for an item, will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the Town Clerk who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at www.townoftiburon.org. SPECIAL MEETING – 4:30 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner CLOSED SESSION 1. CONFERENCE WITH PROPERTY NEGOTIATORS Property: (500 Tiburon Boulevard) Town Negotiator: (Town Manager and Town Attorney) Negotiating Parties: (Richardson Bay Sanitation District) Under Negotiations: (Concerning prices and terms of payment) 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9: (One potential case) ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner 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 • Presentation on Measure M (Jerry Riessen) funding for Martha Property 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. Investment Summary – Adopt investment summary for month ending July 30, 2022 (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for September 7, 2022 Town Council special and regular meetings (Department of Administrative Services) CC-3. Teleconference Meetings – Adopt resolution that would allow the Town to continue to operate virtual board meetings in accordance with AB 361 (Department of Administrative Services) CC-4. Legal Services Agreement– Approve second amendment to the Town Attorney Legal Services Agreement (Office of the Town Manager) CC-5. 2023 Various Streets Project Design – Authorize the Town Manager to enter into a contract with Pavement Engineering Incorporated (PEI) for design services for the 2023 Various Streets Project, at a cost not to exceed $150,440 (Department of Public Works) CC-6. Conflict of Interest Code Update – Adopt resolution accepting the biennial review and update of the Town’s Conflict of Interest Code (Department of Administrative Services) CC-7. Point Tiburon Marsh – Adopt a resolution authorizing the submission of nine ballots on behalf of the Town in favor of the proposed Restated Bylaws for the Point Tiburon Marsh Homeowners Association (Office of the Town Attorney) ACTION ITEMS AI-1. Climate Action Plan – Consider adoption of a resolution that would adopt the Town’s Climate Action Plan (Community Development Department) AI-2. Main Street Closure – Consider approval of a closure of Main Street for a Diwali celebration on October 22, 2022 (Office of the Town Manager) AI-3. ARP Funding Request- Consider Request by Tiburon Peninsula Chamber of Commerce and Destination Tiburon for a Direct Allocation of American Rescue Plan Funds to Make up For Revenue Losses Incurred Due to the Effects of the Covid Pandemic. AI-4. Congestion Management Program – Consider adoption of a resolution that would elect the Town to opt out of the Marin County Congestion Management Program (Department of Public Works) AI-5. Marin County Grand Jury Response – Consider approval of the Town’s response to Marin County Civil Grand Jury Report titled “Affordable Housing: Time for Collaboration in Marin” (Office of the Town Manager) PUBLIC HEARINGS PH-1. Municipal Code Amendments – Consider amendments to the Municipal Code for AB481 compliance (Military Equipment Ordinance) and consider approval of the Military Equipment Use Policy (Police Department) – Introduction and first reading of ordinance 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. Tiburon Town Council September 21, 2023 Oral Communications Late Mail Requests for Copies: Lea Dilena, ldilena@townoftiburon.org From:Goodhart, KathleenTo:Lea DilenaSubject:1960 Straights View Proposed Settlement of Stop Work Order Re Chain Link FenceDate:Wednesday, September 21, 2022 6:05:34 AMAttachments:1960 Straits View - Stop Work Order issued.msgAppeal of Fence Permit for 1960 Straights View.pdf 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 Members of the Tiburon Town Council, We, the concerned neighbors adjacent to 1960 Straights View, are writing to object to a proposed settlement of the 1960 Straights View Stop Work Order pertaining to a chain linkperimeter fence. We understand that the Town Council is considering allowing the owner of 1960 Straights View, Pueo Keffer, also referred to as Honeybadger LLC (“Keffer”), toretain the heavy-duty posts and middle and top cross bars of the fence partially constructed before the Stop Work Order was issued, and to abandon the DRB’s findings andresolution disallowing those industrial posts and bars. Agreeing to the industrial posts and cross bars of the black 6-foot-tall fence to avoid threatened litigation would be plainly contrary to: (1) the DRB’s videotaped findings madeduring the public hearings, (2) the DRB’s Resolution, (3) the Stop Work Order, and (4) the Town attorney’s letter transmitting the Stop Work Order. We appreciate that the Townwould like to avoid the litigation that Keffer has threatened, but we urge the Town Council not to bow to those threats. Doing so would undermine the DRB’s authority, compoundthe Planning Division’s mistake, and send the wrong message to the residents of the Town of Tiburon. The DRB objections to the fencing material were not limited to chain link material; the fence posts and the middle and top horizontal bars were unequivocally rejected by the DRB. This is clear from the record, and any suggestion that there was ambiguity in the DRB’s findings or resolution is simply wrong. To avoid the possibility of ambiguity about theapproved fence, Chair Chong presented a photo of the 1960 Straights View existing fence that the DRB approved during the public hearings. That photo, and a screen shot of allDRB Members observing the photo of the existing fence that was approved during the videotaped deliberations, are below. As Member Kim explained while all DRB’s Members observed Chair Chong’s photo of the existing fence, it “kind of goes away.” The industrial posts and middle and top horizontalbars of the fence that has been partially constructed, and that we understand is being considered for settlement of potential litigation, does not “go away” at all. To the contrary, inMember Malott’s words “it is not a nice fence to look at,” and in Member (now Chair) Berger’s words, it “is a slap in the face” to the neighbors who have to look at it. The existingfence that was clearly approved, and seen by all in Chair Chong’s photograph, is unambiguously not the prison-style, heavy duty post and cross bar fence that the Council is nowconsidering as means of potential litigation avoidance. Not only were the findings that DRB made during the public hearings clear that the DRB rejected the industrial posts and bars, DRB Resolution No. 025-2021 (“Resolution”) cannotbe read to allow the heavy-duty posts and middle and top bars partially constructed and now proposed for settlement. The Resolution states that the perimeter fence can be “woodposts and caps, with fence material that does not unreasonably obstruct views of a similar kind already used on the property, such as hog wire, or a similar material to the existingfence.” The “existing fence” referenced in the Resolution very clearly is the fence in Chair Chong’s photo, to which all Members of the DRB agreed, and there are no middle and cross barson that fence at all. The diagonal bars on the existing fence are much smaller and far less intrusive than the industrial posts and bars on the cyclone fence installed prior to theStop Work Order. There is nothing at all on the existing fence that is “similar” to the heavy-duty, industrial posts and middle and top cross bars proposed for settlement, and nojudge or jury would find that they are. Further, the Stop Work Order includes Chair Chong’s photograph and, in Mr. Eli Flushman’s letter transmitting the Stop Work Order to Keffer, Mr. Flushman specifically cited ChairChong’s photograph and the fact that the top bar and middle bar are contrary to the DRB’s Resolution: “The bottom line is that the material in the photo from Chair Chong, which iswhat was approved by the DRB, is much thinner and much less obtrusive than the thicker cyclone fencing which was approved in error. Further, as the photo shows, there is no topbar or middle bar obstructing views in the fence material that was intended to be approved, as depicted in the attached photo. There is no ambiguity that industrial posts and middle and top bars were rejected by the DRB. The Town Council should not now proceed in a manner that is contrary to the DRB’sfindings and Resolution and contrary to the Town’s Stop Work Order and the letter transmitting it. Finally, we note that the Planning Division’s error would not have occurred had the Keffers acted in accordance with the DRB’s clear direction. Mr. Keffer sought a “larger and moresignificant fence” than the existing fence during the DRB’s hearings, and the DRB clearly rejected that request. The Keffers should not have sought the improper permit, and theTown Council should not now cede to a demand to construct industrial posts and cross bars, clearly rejected by the DRB, because of a threat of litigation. We have attached a summary of the DRB deliberations regarding the cyclone fencing, a link to the video of the DRB hearings, Mr. Flushman’s correspondence transmitting the Stop Work Order, which includes Chair Chong’s photograph of the existing fence and 1960 Straights View and photos of the chain link fence that Keffer partially installed before theStop Work Order and which the Town Council is now considering approved despite DRB’s rejection. We would welcome the opportunity to respond to any questions regarding this matter and we ask that the Town consult with the neighbors who appeared before the DRB regardingthe 1960 Straights View appeal before entering into agreements pertaining to this matter. Respectfully submitted, Concerned neighbors adjacent to 1960 Straights ViewJohn & Kathleen GoodhartCarole and Kathryn McKegneyRonald StaffordMargaret Levine DRB Hearing 2.0.mp4 Photos of the fence the DRB rejected and the Town Council is now considering approving despite the DRB’s rejection of it: ________________________________ This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy allcopies of the original message. If you are the intended recipient, please be advised that the content of this message is subject to access, review and disclosure by the sender's Email System Administrator. 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 July 2022 Investment Summary Reviewed By: _________ Greg Chanis, Town Manager n/a ________ 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 July 31, 2022. RECOMMENDED ACTION(S) 1. Staff recommends that the Town Council move to accept the Investment Summary for July 2022 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 July 31, 2022. All of the funds listed below are on deposit with the Local Agency Investment Fund (LAIF). ANALYSIS July 2022 Agency Investment Amount Interest Rate Maturity Local Agency Investment Fund (LAIF) – Beginning Balance as of 07/01/2022 $26,982,879.05 1.090% Liquid Deposits 0.00 Withdrawals -1,250,000 Interest Earnings (Posted Quarterly) 48,913.11 Total Ending Balance as of 07/31/2022 $25,781,792.16 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 21, 2022 Agenda Item: CC- 1 Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 2 OF 2 The total invested at the end of the prior month was $26,982,879.05. A $1,250,000 transfer was made from LAIF to the General Fund Operating account for one-time FY 2022-23 annual contributions for JPA, insurance, and CalPERS Unfunded Liability expenses. Interest earnings in the amount of $48,913.11 were posted on July 15, 2022. 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 July 2022 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. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Move to accept the Investment Summary for July 2022 Exhibit(s): 1. PARS Section 115 Trust Account Summary for July 2022 Prepared By: Suzanne Creekmore, Director of Administrative Services EXHIBIT 1 DR A F T Page 1 of 4 Tiburon Town Council Minutes #19-2022 DRAFT September 7, 2022 TOWN COUNCIL SPECIAL & REGULAR MEETING DRAFT MINUTES Consistent with Government Code section 54953(e), 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 – 4:30 P.M. Mayor Welner called the special meeting of the Tiburon Town Council to order at 4:30 p.m. on Wednesday, September 7, 2022. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner CLOSED SESSION 1.Public Employee Performance Review: Government Code Section 34957 Title: Town Attorney ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Tasini, Associate Engineer Eshoo, Emergency Services Coordinator Nilsen, Town Clerk Dilena ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Crystal Duran invited listeners to the library’s grand opening event. PRESENTATIONS CC-2 DR A F T Page 2 of 4 Tiburon Town Council Minutes #19-2022 DRAFT September 7, 2022 • Tiburon Peninsula Little League Champions INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS • Stefanie Hill, Belvedere-Tiburon Disaster Advisory Council • Christina McElreath, Design Review Board • Alex Rosner, Design Review Board • Fahad Al Dughaish, Design Review Board CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for August 3, 2022 Town Council regular meeting (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for August 17, 2022 Town Council special and regular meetings (Department of Administrative Services) CC-3. Municipal Code Amendments – Adopt amendments to the Tiburon Municipal Code that would add Chapter 10B requiring the use of reusable or compostable foodware (Department of Administrative Services) CC-4. Marin County Grand Jury Response – Approve the Town’s response to the Marin County Civil Grand Jury Report titled “Electrifying Marin’s Buildings: A Countywide Approach” (Office of the Town Manager) Councilmember Thier requested Consent Calendar Item No. 4 be removed for discussion. MOTION: To adopt Consent Calendar Items No. 1-3, as written. Moved: Fredericks, seconded by Thier VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner CC-4. Marin County Grand Jury Response – Approve the Town’s response to the Marin County Civil Grand Jury Report titled “Electrifying Marin’s Buildings: A Countywide Approach” (Office of the Town Manager) MOTION: To adopt Consent Calendar Item No. 4, as amended, to strike the last paragraph of the Town’s response to Recommendation 3 (R3). Moved: Thier, seconded by Griffin VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner ACTION ITEMS AI-1. Appointments to Town Boards & Commissions – Consider one appointment to the Belvedere-Tiburon Disaster Advisory Council (Department of Administrative Services) MOTION: To appoint Stefanie Hill to the Belvedere-Tiburon Disaster Advisory Council. DR A F T Page 3 of 4 Tiburon Town Council Minutes #19-2022 DRAFT September 7, 2022 Moved: Ryan, seconded by Thier VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner AI-2. Appointments to Town Boards & Commissions – Consider one appointment to the Design Review Board (Department of Administrative Services) MOTION: To appoint Fahad Al Dughaish to the Design Review Board. Moved: Fredericks, seconded by Welner VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner AI-3. Mill Valley Refuse Service Franchise Agreement – Consider approval of second amendment to the Mill Valley Refuse Service Franchise Agreement to comply with SB 1383 regulations (Department of Administrative Services) MOTION: To approve and authorize the Town Manager to sign the second amendment to the Mill Valley Refuse Service Franchise Agreement. Moved: Griffin, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner PUBLIC HEARINGS PH-1. Municipal Code Amendments – Consider amendments to Chapter 20 (Animals) of the Tiburon Municipal Code that would require dogs to be on leash at Cypress Hollow Park and to revise the definition of ‘dogs running at large’ (Department of Public Works) – Introduction and first reading of ordinance Public comment was received by: • Ian Altman, who spoke in opposition to the proposed leash law. • Scott Larson, who spoke in opposition to the proposed leash law. No action taken. TOWN COUNCIL REPORTS There were none. TOWN MANAGER REPORT Emergency Services Coordinator Nilsen announced the Get Ready to Go 94920 event to be held on October 16, which will coincide with National Fire Prevention Week. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Welner adjourned the meeting at 7:10 p.m. DR A F T Page 4 of 4 Tiburon Town Council Minutes #19-2022 DRAFT September 7, 2022 JON WELNER, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, 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: AB 361 Teleconference Meetings Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY In accordance with Government Code Section 54953, the Council will consider adoption of a resolution that would allow the Town to continue to operate virtual board meetings for the next 30 days. RECOMMENDED ACTION(S) 1. Adopt the attached resolution (Exhibit 1). BACKGROUND In September 2021, the Ralph M. Brown Act (Brown Act) was amended by Assembly Bill 361 to allow fully virtual board meetings during a state of emergency. AB 361 amends Government Code section 54953 to allow virtual board meetings through January 1, 2024 in any of the following circumstances: 1. The legislative body holds a meeting during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing. 2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. To continue to hold virtual meetings while California’s state of emergency remains active, the body must make findings every 30 days that: 1) the body has reconsidered the circumstances of the state of emergency and 2) that the state of emergency continues to directly impact the ability of the members to meet safely in person or state and state or local officials continue to impose or recommend measures to promote social distancing. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 21, 2022 Agenda Item: CC-3 Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 2 OF 2 The attached resolution (Exhibit 1) makes the required findings to allow the Town Council and Council appointed boards and commissions to continue to operate virtual meetings for the next 30 days. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. 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 adopt the attached resolution (Exhibit 1). Exhibit(s): 1. DRAFT Resolution Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 Page 1 of 2 Town Council Resolution No. XX-2022 DRAFT 9/21/2022 DRAFT RESOLUTION NO. XX-2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AND ON BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE TOWN COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b) AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL GOVERNMENT MEETINGS WHEREAS, the Town Council is committed to ensuring public access to observe and participate in local government meetings; and WHEREAS, all meetings of the Town Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and WHEREAS, the recently adopted AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-proclaimed state of emergency and if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID-19) and that State of Emergency is still in effect in the State of California; and WHEREAS, on March 3, 2020, Marin County declared a local emergency due to the COVID- 19; and WHEREAS, on March 16, 2020, the Town Manager proclaimed the existence of a local state of emergency within the Town, pursuant to Section 21-6 of the Tiburon Municipal Code and Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic, which was ratified by the Town Council on March 18, 2020; and WHEREAS, COVID-19 continues to threaten the health and lives of Town residents; and WHEREAS, the SARS-CoV-2 Delta Variant (Delta Variant) and SARS-CoV-2 Omicron Variant (Omicron Variant) are highly transmissible in indoor settings; and WHEREAS, on July 28, 2021, the California Department of Public Health issued guidance calling for the use of face coverings and stating that the Delta Variant is two times as contagious as early COVID-19 variants, leading to increasing infections, the Delta Variant accounts for over 80% of cases sequenced, and cases and hospitalizations of COVID-19 are rising throughout the state; and WHEREAS, on January 5, 2022, the California Department of Public Health issued guidance again requiring universal masking indoors and stating that the Omicron Variant is more contagious than early COVID-19 variants and the Delta Variant, and has increased the seven-day average case rate more than sixfold and doubled COVID-19 hospitalization rates; and Page 2 of 2 Town Council Resolution No. XX-2022 DRAFT 9/21/2022 WHEREAS, the Delta and Omicron Variants have caused, and will continue to cause, conditions of imminent peril to the health safety of persons within the Town; an WHEREAS, the Town Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the Town Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town Council does hereby: 1. Find that Current Conditions Authorize Teleconference Public Meetings of Legislative Bodies. Based on the California Governor’s continued declaration of a State of Emergency and current conditions, the Town Council finds that meeting in person would present imminent risks to the health or safety of attendees, such that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings. 2. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act. PASSED AND ADOPTED at a regular meeting of the Town Council on September 21, 2022, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: __________________________ JON WELNER, MAYOR TOWN OF TIBURON ATTEST: ____________________________ LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Recommendation to Consider Amendment to Town Attorney Legal Services Agreement Reviewed By: _________ Greg Chanis, Town Manager SUMMARY The Town contracts for Town Attorney services with Burke, Williams & Sorensen, with Ben Stock serving as the Town Attorney. Burke, Williams & Sorensen seeks an amendment to its contract regarding the rate of Town Attorney general services. Before the Council is consideration of this contract amendment. RECOMMENDED ACTION(S) 1. Move to approve the Second Amendment to Agreement (Exhibit 1) for Town Attorney Services. BACKGROUND Since June 17, 2015, the Town of Tiburon has contracted with the law firm Burke, Williams & Sorensen (“Burke”) for legal services. Under the contract, the Town Attorney Ben Stock, as well as other representatives from the firm, provide legal guidance concerning Town operations and represent the Town in matters of litigation. Burke currently bills the Town on an hourly basis of $230 for the first 65 hours, and $240 on any hour above the 65 hour cap for general city attorney services. As required under the contract, Mr. Stock recently underwent his performance evaluation and received positive feedback regarding his representation of the Town. Burke has approached the Town with a request to increase the hourly rate to $295 per hour for general city attorney services. This proposed rate increase is in line with similarly situated cities in Marin County that rely on an outside law firm to provide town attorney services. Those rates include Belvedere being charged $305 per hour, Corte Madera charged $305 per hour, and Sausalito charged $265 per hour. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 21, 2022 Agenda Item: CC-4 Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 2 OF 2 FINANCIAL IMPACT Approval of the Second Amendment to the Agreement for Legal Services will result in increased costs to the Town. However, given the variability in billable hours related to legal services, it is difficult to accurately predict the extent of that increase. Based on past expenditures, staff estimates the increase could range from $40,000 - $60,000 annually. With regards to the current fiscal year, staff will monitor expenditures on an ongoing basis, and if needed, return to Council for a budget amendment request at a future Council meeting. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Move to approve the Second Amendment to Agreement for Town Attorney Services Exhibit(s): 1. Second Amendment to Agreement for Town Attorney Services Prepared By: Greg Chanis, Town Manager EXHIBIT 1 OAK #4832-8065-9268 v1 -1- SECOND AMENDMENT TO AGREEMENT FOR TOWN ATTORNEY SERVICES The Agreement for Town Attorney Services by and between the Town of Tiburon and Burke, Williams and Sorensen, LLP, dated June 17, 2015 (“Agreement For Town Attorney Services”), and amended by the First Amendment dated March 2, 2017, is hereby amended by mutual agreement of the parties by the substitution of a new Section 2.A. to read as follows: A. Basic Town Attorney services shall include attendance at Town Council meetings; rendition of routine legal advice; preparation of ordinances, resolutions, contracts and other standard legal documents; preparation of formal written opinions, and routine real estate matters (“Basic Town Attorney Services”). For Basic Town Attorney Services, Town shall pay to Burke $295 per hour. All other terms and conditions of the Agreement for Town Attorney Services shall remain in full force and effect. OAK #4832-8065-9268 v1 -2- IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement for Town Attorney Services on this 21st day of September, 2022. TOWN OF TIBURON, Greg Chanis, Town Manager BURKE, WILLIAMS & SORENSEN, LLP, a Limited Liability Partnership Benjamin Stock TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department or Public Works Subject: 2023 Various Streets Design Contract Award Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The FY 2022-2023 CIP included $160,000 for the design of the Annual Pavement Preservation Program. Staff has negotiated a proposal from Pavement Engineering Incorporated (PEI) for the design of the paving project. RECOMMENDED ACTION(S) 1. Authorize the Town Manager to enter into a contract with PEI for design work on the 2023 Various Streets Project. BACKGROUND Every three years the Metropolitan Transportation Authority (MTC) funds an evaluation of the Town’s roads. This evaluation is used to select projects for the Town’s Annual Pavement Preservation Program. The last evaluation was completed in March 2022. Based on the report, the following road segments and curb ramp locations have been selected for treatment. Street Rehabilitation Street Name Start Finish Treatment Cecilia Court Upper Cecilia Cul De Sac Heavy Rehabilitation Esperanza Street Mar West Street Centro West Heavy Rehabilitation McCart Court Tiburon Blvd Cul De Sac Heavy Rehabilitation Paradise Drive Mar West Street Town Limit Heavy Rehabilitation Venus Court Juno Road Cul De Sac Heavy Rehabilitation Juno Road Juno Road Trestle Glen Blvd Heavy Rehabilitation Mar West Street Esperanza Street Paradise Drive Heavy Rehabilitation Paradise Drive Main Street All Roundabout Heavy Rehabilitation Ridge Road Straights View Dr Lagoon View Dr Heavy Rehabilitation Straights View Dr Ridge Road End Light Maintenance Geldert Drive Rowley Circle Porto Marino Light Maintenance Lagoon View Drive Ridge Road End Light Maintenance Malvino Court Geldert Drive Cul De Sac Light Maintenance TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 21, 2022 Agenda Item: CC-5 Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 2 OF 2 Paradise Drive Roundabout Beginning End Light Maintenance Wilkins Court Geldert Drive Cul De Sac Light Maintenance Porto Marino Drive Hacienda Drive Cul De Sac Light Maintenance Mark Terrace Geldert Drive Cul De Sac Light Maintenance Vistazo West St 1860 Vistazo West Street Ridge Road Heavey Maintenance Curb Ramp Construction Street Name Cross Street Existing Ramp No. of Ramps Esperanza Street Mar West Street No 1 Paradise Drive Main Street Yes 2 Paradise Drive Roundabout Yes 2 Mar West Street Paradise Drive Yes 1 Paradise Drive Mar East Street No 2 Paradise Drive Solano Street No 2 ANALYSIS The design work is described in the attached proposal (Exhibit 1). The not-to-exceed cost for the design is $150,440. PEI is a recognized leader in the design of pavement repair and is used by other local municipalities including Larkspur. PEI performed the Town’s last pavement evaluation and provided expert assistance in the recent 2022 Various Streets project. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. FISCAL IMPACT The FY2022-23 CIP budget included funding in the amount of $160,000 for design of the Town’s Annual Pavement Preservation Program. 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 authorize the Town Manager to enter into a contract with PEI for design work on the 2023 Various Streets Project. Exhibit(s): 1. Streets Design Proposal from PEI Prepared By: David O. Eshoo, Engineering Division Manager EXHIBIT 1 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Biennial Review of the Town’s Conflict of Interest Code Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Political Reform Act requires the Council to review and make any necessary updates to the Town’s Conflict of Interest Code every two years. The Town’s Conflict of Interest Code designates staff positions required to report certain economic interests. The only proposed update to the Code this year incorporates the Department of Public Works reorganization. RECOMMENDED ACTION(S) 1. Adopt the attached resolution (Exhibit 1) updating the Town’s Conflict of Interest Code and direct staff to complete the 2022 Local Biennial Notice, as required by law. BACKGROUND The Political Reform Act (the “Act”) requires every public agency to adopt a conflict of interest code and review that code every two years to make sure it remains current. The Town last reviewed its code in 2020. The Fair Political Practices Commission (“FPPC”) has notified the Town that it is time to review and update, if necessary, the code again. The FPPC has promulgated a model conflict of interest code, which the Town has historically adopted by reference. The model code contains most of the provisions required by law. However, by design, the model code does not specify the agency employees or commissioners whose economic interests render them subject to the code’s reporting requirements nor the extent of those requirements for the designated employees. This task is left to the individual public agencies. The Act itself mandates reporting requirements for certain positions. With respect to the Town, those officials are the following: the Town Council, the Planning Commission, the Town Manager, the Town Attorney, the Town Treasurer, and other Town officials who manage Town investments, as well as any candidates for any of these offices at any election. Under the Act, the Town’s code must: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 21, 2022 Agenda Item: CC-6 Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 2 OF 2 • Identify any other Town positions that involve making (or participate in making) decisions that could foreseeably have a material financial effect on any economic interest • Specify, for each designated position, the types of economic interests that person holding the position could materially affect • Require persons holding these positions to disclose any of the specified types of economic interests for their positions. ANALYSIS Since the last review of the code in 2020, the Town undertook a reorganization of the Department of Public Works, eliminating the Director of Public Works/Town Engineer position, and splitting the duties of that position between the Superintendent of Public Works and Associate Engineer positions (now known as the Public Works Operations Manager and Public Works Engineering Manager respectively). Staff recommends these positions be added to the Town’s Conflict of Interest Code at disclosure categories 1-4. The draft resolution (Exhibit 1) reflects these additions. The Town Manager retains the ability to require any consultants to comply with the Conflict of Interest Code under Section 6 of Appendix B. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by adoption of the amended Conflict of Interest Code. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. 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 adopt the attached resolution (Exhibit 1) updating the Town’s Conflict of Interest Code and direct staff to complete the 2022 Local Biennial Notice, as required by law. Exhibit(s): 1. Draft Resolution Updating the Town’s Conflict of Interest Code Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 1 Town Council Resolution No. XX-2022 DRAFT 09/21/2022 DRAFT RESOLUTION NO. XX-2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 35-2020 AND UPDATING THE TOWN’S CONFLICT OF INTEREST CODE WHEREAS, in 1980 the Town Council adopted Resolution No. 1094 which incorporated by reference the Fair Political Practices Commission’s (FPPC) model Conflict of Interest Code (Title 2, Division 6, Section 18730 of the California Code of Regulations), including appendices detailing which positions must file an annual disclosure statement and what interests must be disclosed; and WHEREAS, since 1980, the Town Council has amended its Conflict of Interest Code in 1991, 1997, 1998, 2002, 2004, 2006, 2008, 2010, 2012, 2014, 2016, 2018, and 2020; and WHEREAS, Section 87302 of the California Government Code requires the Town to designate other positions within the Town that are required to file disclosure statements; and WHEREAS, the Town Attorney and Town Clerk have reviewed the Town’s code and recommend amendments to reflect the following: a) Add the Public Works Operations Manager and Public Works Engineering Manager positions under Public Works Department in Appendix B, Section 4, whose reporting requirements will be Disclosure Categories 1-4. NOW, THEREFORE, the Town Council of the Town of Tiburon RESOLVES as follows: 1) Resolution No. 35-2020 is hereby repealed and replaced by this resolution; 2) The FPPC’s Model Conflict of Interest Code as set forth in Section 18730 shall continue to be incorporated by reference as the Town’s Conflict of Interest Code, together with the appendices attached hereto and incorporated herein by reference; 3) The Town Clerk continues to be designated as the filing officer for the Town. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 21, 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ________________________________ JON WELNER, MAYOR TOWN OF TIBURON 2 Town Council Resolution No. XX-2022 DRAFT 09/21/2022 ATTEST: ___________________________________ LEA DILENA, TOWN CLERK 3 Town Council Resolution No. XX-2022 DRAFT 09/21/2022 APPENDIX “A” DESIGNATED POSITIONS DISCLOSURE CATEGORIES (Unless otherwise specified, Government Code Section 87200 filers must review all schedules on Form 700. See Appendix “C” for specific disclosure categories.) Members of the following: 1. BOARDS & COMMISSIONS A. Town Council Form 700 B. Planning Commission Form 700 2. GENERAL MANAGEMENT A. Town Manager Form 700 B. Town Treasurer Form 700 3. TOWN ATTORNEY Form 700 4 Town Council Resolution No. XX-2022 DRAFT 09/21/2022 APPENDIX “B” DESIGNATED POSITIONS DISCLOSURE CATEGORIES (Unless otherwise specified, review all schedules on Form 700. See Appendix “C” for specific disclosure categories.) Members of the following: 1. BOARDS & COMMISSIONS A. Design Review Board 2 B. Parks, Open Space & Trails 2 C. Heritage & Arts Commission 4 D. Building Code Appeals Board 2 2. GENERAL MANAGEMENT A. Director of Administrative Services 1 B. Town Clerk 3 C. Management Analyst 3 D. IT Coordinator 3 E. Accounting and Finance Manager 3 3. DEPT. OF COMMUNITY DEVELOPMENT A. Director of Community Development 1 B. Planning Manager 1 C. Senior Planner 2 D. Associate Planner 2 E. Assistant Planner 2 F. Contract Planner 2 G. Building Official 2 H. Building Inspector 2 4. PUBLIC WORKS DEPARTMENT A. Dir. of Public Works/Town Engineer 1-4 B. Public Works Engineering Manager 1-4 C. Public Works Operations Manager 1-4 D. Superintendent of Public Works 4 5. POLICE DEPARTMENT A. Chief of Police 4 B. Police Captain 4 6. CONSULTANTS As deemed applicable by Town Manager 5 Town Council Resolution No. XX-2022 DRAFT 09/21/2022 APPENDIX “C” DISCLOSURE CATEGORIES A. APPROPRIATE FORM All persons holding offices or positions specified in Government Code Section 87200 shall file FPPC Form 700 for purposes of complying with the financial disclosure requirements of the Conflict of Interest Code. All other positions and offices designated in Appendix “B” shall only file the appropriate schedules in Form 700 based on the disclosure categories listed below. B. DISCLOSURE CATEGORIES Category 1: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency; and investments and business positions in business entities, and income, including loans, gifs, and travel payments, from all sources. Category 2: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency with the exception of a home used exclusively as a personal residence. Category 3: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the agency. Category 4: Investments and business positions in business entities, and income, including loans, gifts, and travel payments from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the designated position’s division or department. TOWN OF TIBURON PAGE 1 OF 5 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Submission of Votes in Favor of Proposed Restated Bylaws for Point Tiburon Marsh Homeowners Association to Comply with SB 323 and State Law Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider submission of votes in favor of Point Tiburon Marsh Homeowners Association Restated Bylaws. RECOMMENDED ACTION(S) Adopt a Resolution (Exhibit 1) authorizing the Public Works Operations Manager or designee to submit, on behalf of the Town, nine votes in favor of the Proposed Restated Bylaws for the Point Tiburon Marsh Homeowners Association to comply with SB323 and state law governing homeowner association elections and voting rules, and to execute all related documents. BACKGROUND The Town of Tiburon owns nine condominium units in the Point Tiburon Marsh Homeowners Association (Association) and is allowed to submit one vote for each unit on matters involving amendments to the Bylaws of the Association (Bylaws). On August 22, 2022 the Town received mailed notice from the Association, c/o Bayside Management regarding the adoption of proposed amendments to the Bylaws required by state law, and notifying the Town that ballots must be submitted to the Association by September 30, 2022. ANALYSIS The previous version of the Bylaws were rewritten but, although worded differently, most of the provisions in the proposed Bylaws have the same effect as the provisions in the previous version of the Bylaws. Some of the changes were made to implement SB 323, which amended California Civil Code provisions in 2020 and requires require homeowner associations to conform to new statutory requirements, including: limiting types of candidate qualifications an association may adopt; clarifying elections procedures; and requiring that associations retain certain election related records. SB323 applies to all homeowners associations statewide, and all are required to amend their bylaws to comply with the new rules. Many of the other substantive changes simply provide additional details found in the Davis-Stirling Act (Civil Code Sections 4000 to 6150) TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 21, 2022 Agenda Item: CC-7 Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 2 OF 5 which govern common interest developments. The changes do not have an impact on the Town’s voting rights or its affordable housing program. Below is a summary of the substantive changes made by the proposed Bylaws: • Removed the purpose statement found in the previous Bylaws; • Requires annual member meetings when previously this was not required; • Quorum for member meetings is majority of the voting power of the Association unless the law or Bylaws otherwise specify; • Provides that inspectors of election may include the following: volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, a notary public, or a member of the Association, which is consistent with Civil Code Section 5110; • Elimination of proxy voting, where previously it was optional; • Elimination of cumulative voting, where previously it was permitted in director elections; • Added detail about secret ballots in accordance with Civil Code Section 5115; • Added detail about members’ rights to vote when more than one member owns a unit; • Bylaws no longer provide that Directors can be removed by the Board for being convicted of a felony, but this does not eliminate this ground for removal because it is permitted by California Corporations Code 7221; • Bylaws no longer provide that Directors can be removed by the Board for being 45 days delinquent in payment of an assessment; filing a lawsuit against the Association or another Director; or violating a Governing Document and a hearing has been held. These are not grounds for removal under California Corporations Code 7221; • Proposed Bylaws have added that a Director can be removed if they no longer meet the qualifications for election of a Director, which is consistent with California Corporations Code 7221, or for failing to disclose they will benefit from a financial transaction before it is put to a vote; • Added a requirement that the Board solicit nominees for Director positions from Members by written notice, where previously the Bylaws only stated that the Board could appoint a nominating committee to solicit nominees; • To be a qualified candidate for the position of director, a person must be a member in good standing at the time of nomination, as required by SB 323; • Added that a non-natural person may appoint a natural person to be a member for purposes of serving on the Board, as required by SB 323; • Added that a person may be disqualified from running for a Director position on the following grounds, pursuant to SB 323: o The person would be serving on the board at the same time as another person who holds a joint ownership interest in the same separate interest parcel as the person and the other person is either properly nominated for the current election or an incumbent director; o The person discloses, or if the association is aware or becomes aware of, a past criminal conviction that would, if the person was elected, either prevent the association from purchasing the insurance required by Section 5806 or terminate the association's existing insurance coverage required by Section 5806 as to that person should the person be elected. • Added that, before disqualifying a candidate, the person must be able to participate in internal dispute resolution, as required by SB323; Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 3 OF 5 • Added that a person cannot be disqualified from running for a Director position on the ground that they have paid a regular or special assessment under protest or entered into and is in compliance with a payment plan, as required by SB 323; • Pursuant to SB 323, added that the HOA retain a candidate registration list and a voter list as election materials. The candidate list shall include name and address of individuals nominated as a candidate for election to the board of directors. The voter list shall include name, voting power, and either the physical address of the voter's separate interest, the parcel number, or both. The mailing address for the ballot shall be listed on the voter list if it differs from the physical address of the voter's separate interest or if only the parcel number is used. The association shall permit members to verify the accuracy of their individual information on both lists at least 30 days before the ballots are distributed. The association or member shall report any errors or omissions to either list to the inspector or inspectors who shall make the corrections within two business days. • The new Bylaws require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents, per SB 323: o (A) The ballot or ballots. o (B) A copy of the election operating rules. Delivery of the election operating rules may be accomplished by either (i) Posting the election operating rules to an internet website and including the corresponding internet website address on the ballot together with the phrase, in at least 12-point font: “The rules governing this election may be found here:” (ii) Individual delivery. • New bylaws prohibit denial of a ballot to a person with general power of attorney for a Member, in accordance with SB 323; • New bylaws require that ballot of a person with general power of attorney for a member be counted if returned in a timely manner, as required by SB 323; • An entity now cannot have more than one position on the Board even if they own multiple units; • Added a provision requiring a recount and a runoff election in the event of a tie in a Director election; • Removed detailed list of Director powers found in the old Bylaws and replaced it with a provision allowing the Director to do anything a nonprofit can legally do to administer Association affairs and protect general welfare of Association, and enact rules on the following topics: (i) the use, occupancy, and maintenance of the Development, (ii) the general health, welfare, comfort, and safety of residents in the Development, (iii) the conduct of persons within the Development, (iv) the use of Common Areas, and (v) the interpretation and implementation of the Governing Documents; • Added a provision stating the amount of notice required to notify members of the Board’s intent to consider rule changes, the notice required upon adoption of rule changes, and the procedure for members to reverse rule changes, all of which are governed by the Davis-Stirling Act; • Regular board meetings were previously required to be held quarterly, and are now required monthly; • Member notice of board meetings was shortened from seven (7) days regardless of the type of meeting to two (2) days for executive session meetings and four (4) days for open session, which are the legal minimum amounts of notice for each type meeting; Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 4 OF 5 • Under the previous Bylaws, committees were prohibited from taking actions that must be taken by members, fill vacancies, or amend bylaws and that provision was removed, but this is not a meaningful change because 1) that provision is statutory and still applies and 2) the new bylaws clarify that committees are only advisory and cannot enter into contract or spend money; • Committees are now required to accept member comments under the new Bylaws; • Added requirement that board review Association finances monthly in accordance with Civil Code Section 5500; • Added requirement that Board annually prepare an estimated operating budget for the next year and rules about what must be included, in accordance with Civil Code Section 5300; • Added requirement that Association annually review its financial statement and distribute to members within 120 days of the close of the fiscal year, in accordance with Civil Code Section 5305; • Added requirement that Association review the reserve study every three (3) years, and requirements for contents of the study, in accordance with Civil Code Section 5550; • Added a list of records that members cannot inspect, in accordance with Civil Code Section 5215; • Added requirement that the Board distribute an annual budget report, and requirements for its contents, in accordance with Civil Code Section 5300; • Added requirement that the Board distribute an annual policy statement, and requirements for its contents, in accordance with Civil Code Section 5310; • Added provision allowing suspension of membership rights after a hearing in accordance with Civil Code Section 5855. Staff has reviewed the proposed Bylaws amendments and recommends the Town Council authorize staff to submit nine ballots in favor of adopting the Bylaws. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by submitting votes in favor of the proposed Bylaws amendments. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. 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 Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 5 OF 5 Staff recommends that the Town Council adopt a Resolution (Exhibit 1) authorizing the Public Works Operations Manager or designee to submit, on behalf of the Town, nine votes in favor of the Proposed Restated Bylaws for the Point Tiburon Marsh Homeowners Association to comply with SB 323 and state law governing homeowner association elections and voting rules, and to execute all related documents. Exhibit(s): 1. Draft Resolution Prepared By: Benjamin Stock, Town Attorney EXHIBIT 1 Page 1 of 2 Town Council Resolution No. XX-2022 09/21/2022 DRAFT RESOLUTION NO. XX -2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE SUBMISSION OF VOTES IN FAVOR OF PROPOSED RESTATED BYLAWS FOR THE POINT TIBURON MARSH HOMEOWNERS ASSOCIATION TO COMPLY WITH SB323 AND STATE LAW GOVERNING HOMEOWNER ASSOCIATION ELECTIONS AND VOTING RULES WHEREAS, The Town of Tiburon owns nine condominium units in the Point Tiburon Marsh Homeowners Association (Association), and is allowed to submit one vote for each unit on matters involving amendments to the Bylaws of the Association (Bylaws); and WHEREAS, on August 22, 2022 the Town received mailed notice from the Association, c/o Bayside Management regarding the adoption of proposed amendments to the Bylaws required to implement SB 323 and include other provisions found in the Davis-Stirling Act (Civil Code Sections 4000 to 6150) which govern common interest developments, and notifying the Town that ballots must be submitted to the Association by September 30, 2022; and WHEREAS, SB 323 amended California Civil Code provisions governing homeowners associations in 2020 and requires associations to conform to new statutory requirements, including: limiting types of candidate qualifications an association may adopt; clarifying elections procedures; and requiring that associations retain certain election related records; and WHEREAS, SB323 applies to all homeowners associations statewide, and all are required to amend their bylaws to comply with the new rules. WHEREAS, Staff has reviewed the proposed amendments, has confirmed they do not have an impact on the Town’s voting rights or its affordable housing program, and recommends the Town Council authorize staff to submit nine ballots in favor of adopting the Bylaws; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon authorizing the Public Works Operations Manager or designee to submit, on behalf of the Town, nine votes in favor of the Proposed Restated Bylaws for Point Tiburon Marsh Homeowners Association to comply with SB323 and state law governing homeowner association elections and voting rules, and to execute all related documents; PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 21, 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Page 2 of 2 Town Council Resolution No. XX-2022 09/21/2022 JON WELNER, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Consider Adoption of Town of Tiburon Climate Action Plan 2030 Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council is considering final adoption of the Draft Tiburon Climate Action Plan 2030. RECOMMENDED ACTION(S) Staff recommends the Town Council hear the presentation, take public comments, and consider adoption of a Resolution (Exhibit 2) to adopt the Climate Action Plan (Exhibit 1). BACKGROUND A Draft Climate Action Plan (CAP) was initially released for public review on December 23, 2021, and was the subject of a January 25, 2022, community workshop held on Sustainability as part of the General Plan Update workshop series. Staff gathered community input on specific CAP programs through an online survey conducted between January 26 and February 24, 2022. The draft CAP was substantially revised based on public comment received through April 14, 2022, and brought to the Town Council for discussion at its June 15, 2022, meeting. The Council directed staff to make several changes, including: • Increase the greenhouse gas (GHG) reduction target from 43% below 1990 levels by 2030 to 50%; • Increase the ZEV adoption rate from 35% to 45%; and • Incorporate anticipated new residential units from buildout of the 2022-2030 Regional Housing Needs Allocation of 639 units. ANALYSIS The revised draft CAP (Exhibit 1) responds to Council direction from June 15, 2022 and includes new and expanded actions to meet the desired 50% reduction target. The CAP was also updated to include baseline data from the newly released 2020 Town of Tiburon Community-wide Greenhouse Gas Emissions Inventory report as well as updated emission factors and energy efficiency and solar energy installation rates. Significant revisions to the CAP are indicated in underline in the draft CAP. Key revisions include: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 21, 2022 Agenda Item: AI-1 Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 2 OF 3 Executive Summary. The Executive Summary was revised to include emissions reductions and new significant programs. Emissions Forecast. The business-as-usual forecast was revised to reflect the addition of 639 new housing units and no additional commercial space (i.e., jobs) through 2030. Emissions Target. The new 50% reduction target is discussed in the Executive Summary (page 1) and on pages 16-17. Table 4 and Figure 5 were also updated. EVs. Program LCT-C1 was revised to reflect the 45% EV adoption rate. Bicycling. Program LCT-C2 was revised to develop secured e-bike parking and target 25% of local trips made by residents (that is, those trips that start and end in Tiburon) to be made by bicycles in 2030. Landscape Equipment. Program LCT-C9 was revised to ban all small gasoline and diesel-powered landscape and off-road equipment by 2030. The State is banning the sale of this equipment starting in 2024. Carbon Offsets. S-C3 was expanded to utilize carbon offsets to close any remaining gap between actual emissions and the 50% reduction target, beginning in 2030. As calculated, the Town will need to offset 2,260 metric tons in 2030. At a current cost of about $15 per metric ton, the necessary number of carbon offsets would cost approximately $34,000. Community Education. Program CE-C1 was expanded to increase participation in the Resilient Neighborhoods program to 25 households annually. Sustainability Coordinator. Program IM-C6 was added to consider creating a part-time or shared full-time Sustainability Coordinator position or contracting with a consultant to implement the CAP. Implementation Table. The Implementation Table was updated to reflect new and expanded programs. The Near-Term date was changed to 2024 and the Mid-Term date to 2027. For further prioritization, staff recommends these CAP actions for FY 2022-2023: 1. Adopt a Green Building Reach Code in early 2023 that requires all-electric buildings (both residential and non-residential) for new construction and major remodels (RE-C3.3) 2. Adopt a Green Building Reach Code in early 2023 that requires all new multifamily development to provide one EV-ready space per unit and additional fast chargers that are accessible to the public (LCT-C1) 3. Adopt an Electric Landscape and Small Equipment Ordinance (LCT-C9) 4. Identify and plan for one location for EV fast chargers. (LCT-C1) 5. Identify and plan for one location for secure e-bike parking in the Downtown (LCT-C2) 6. Adopt the Countywide EV Acceleration Strategy, which was recently released (LCT-C1.1) 7. Sign up at least 25 households for the Resilient Neighborhoods program (CE-C1) Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 3 OF 3 8. Update the website to provide information and links to programs and resources on EVs (e.g., alternative transportation, energy efficiency, renewable energy, etc.); promote these programs and resources in the Town’s newsletter, social media channels, and handouts (LCT-C1.10, LCT-C6, EE-C1, RE-C2, etc.) 9. Explore a part-time or shared Sustainability Coordinator position or contracted consultant to implement the CAP. (IM-C6) FINANCIAL IMPACT Financial impact is uncertain at this time since the Town may incur costs for implementing programs and projects that reduce GHG emissions. However, many such projects result in costs saving over time and cost-benefit analyses generally occur in conjunction with specific project proposals and budget review. CLIMATE IMPACT The implementation of the Climate Action Plan will result in a net positive impact. ENVIRONMENTAL REVIEW Exempt from environmental review under section 15307 of the California Environmental Quality Act (CEQA Guidelines, which exempts "Actions by regulatory agencies for protection of natural resources." In addition, adoption of the CAP is exempt under the under CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. RECOMMENDATION Staff recommends the Town Council hear the presentation, take public comments, and consider adoption of a Resolution (Exhibit 2) to adopt the Climate Action Plan (Exhibit 1). Exhibit(s): 1. Tiburon Climate Action Plan 2030 2. Resolution XX-2022 Prepared By: Christine O’Rourke, O’Rourke and Associates Dina Tasini, Director of Community Development EXHIBIT 1 Revised Public Review Draft September 12, 2022 Town of Tiburon CLIMATE ACTION PLAN 2030 CREDITS AND ACKNOWLEDGMENTS TOWN COUNCIL Jon Welner, Mayor Jack Ryan, Vice Mayor Alice Fredericks, Councilmember Noah Griffin, Councilmember Holli P. Thier, J.D., Councilmember TOWN STAFF Greg Chanis, Town Manager Dina Tasini, Director of Community Development Samantha Bonifacio, Assistant Planner MARIN CLIMATE & ENERGY PARTNERSHIP Christine O’Rourke, Sustainability Coordinator Funding for this Climate Action Plan was partially funded provided by the Marin County Energy Watch Partnership, which administers public goods charges collected by PG&E, through the Marin Climate & Energy Partnership. TABLE OF CONTENTS Executive Summary ......................................................................................................................... 1 Chapter 1: Introduction .................................................................................................................. 2 What is a CAP? ........................................................................................................................................................... 2 What are Greenhouse Gas Emissions and How Do They Contribute to Climate Change? ........................................ 3 How will Climate Change Impact California and Tiburon? ........................................................................................ 4 What Role Does Government Play?........................................................................................................................... 5 Tiburon’s CAP History & Climate Action to Date ....................................................................................................... 8 Chapter 2: Greenhouse Gas Emissions Inventory, Forecast, and Reduction Targets .................. 10 Tiburon Profile ......................................................................................................................................................... 10 Community Emissions Inventory ............................................................................................................................. 11 Consumption-Based Inventory ................................................................................................................................ 14 Community Emissions Forecast ............................................................................................................................... 15 Community Emissions Reduction Targets ............................................................................................................... 16 Chapter 3: Strategies to Reduce Greenhouse Gas Emissions ....................................................... 19 Introduction ............................................................................................................................................................. 19 State Actions ............................................................................................................................................................ 20 Local Greenhouse Gas Emissions Reduction Strategies .......................................................................................... 20 Social Equity ............................................................................................................................................................. 21 Low Carbon Transportation ..................................................................................................................................... 22 Renewable Energy and Electrification ..................................................................................................................... 27 Energy Efficiency and Green Building ...................................................................................................................... 30 Waste Reduction ..................................................................................................................................................... 33 Water Conservation ................................................................................................................................................. 36 Sequestration .......................................................................................................................................................... 38 Community Engagement ......................................................................................................................................... 41 Chapter 4: Implementation and Monitoring ................................................................................ 43 List of Abbreviations ..................................................................................................................... 44 Works and Sources Cited .............................................................................................................. 45 Appendix A: GHG Reduction Calculations ................................................................................... A-1 Appendix B: Implementation Table ............................................................................................. B-1 LIST OF TABLES AND FIGURES Table 1: Greenhouse Gases ........................................................................................................................................... 4 Table 2: Community Emissions by Sector, 2005 to 2020 ............................................................................................. 12 Table 3: Tiburon Community Emissions Forecast ........................................................................................................ 16 Table 4: GHG Emissions Targets .................................................................................................................................. 17 Table 5: Estimated Emissions Reductions in Tiburon From State Actions ................................................................... 20 Table 6: Local Emissions Reduction Strategies ............................................................................................................ 20 Table 7: Low Carbon Transportation Strategies .......................................................................................................... 23 Table 8: Renewable Energy & Electrification Strategies .............................................................................................. 28 Table 9: Energy Efficiency and Green Building Strategies ........................................................................................... 31 Table 10: Waste Reduction Strategies ......................................................................................................................... 34 Table 11: Water Conservation Strategies .................................................................................................................... 36 Table 12: Sequestration measures .............................................................................................................................. 39 Table 13: Community Engagement Strategies ............................................................................................................ 41 Table 14: Implementation and Monitoring Strategies ................................................................................................ 43 Figure 1: The Greenhouse Effect ................................................................................................................................... 3 Figure 2: Emissions by Sector, 2005 and 2020 ............................................................................................................ 13 Figure 3: Sector-Based vs. Consumption-Based GHG Emissions ................................................................................. 14 Figure 4: Average Tiburon/Belvedere Household Carbon Footprint ........................................................................... 15 Figure 5: Community Emissions Trend, Forecast, and Targets .................................................................................... 18 Figure 6: Cumulative Impact of Reduction Strategies ................................................................................................. 19 Figure 7: Share of Emissions Reduction by Strategy .................................................................................................... 21 WHAT YOU CAN DO LOW CARBON TRANSPORTATION • Drive an all-electric or plug-in hybrid vehicle. • Bike, walk, or take transit whenever possible. • Reduce the number of miles you drive by working from home when possible. • Shut your car off when waiting in line at the ATM or in the school pick up/drop off lane. RENEWABLE ENERGY & ELECTRIFICATION • Switch to MCE Deep Green or PG&E Solar Choice 100% renewable electricity. • Install a solar energy system on your home or business and consider battery storage. • Replace appliances that use natural gas for ones that use electricity. • Investigate heat pump technology so you can swap out heaters and furnaces that use natural gas when it’s time to replace them. ENERGY EFFICIENCY • Replace indoor and outdoor lights with LED bulbs and turn them off when not in use. • Have an energy assessment done for your home or business. • Upgrade insulation, seal leaks, and install a programmable thermostat. • Purchase Energy Star appliances and equipment. WASTE REDUCTION • Buy only as much as you need. • Put your food scraps in the green can and/or compost them at home. • Donate extra food and used clothing and housewares. • Don’t be a “wishful” recycler. Be scrupulous about how you sort your recyclables. WATER CONSERVATION • Replace your lawn with a drought-tolerant garden. • Install a drip irrigation system, program it to run early in the morning, and check it regularly for leaks. • Install low water flow faucets, showerheads, and toilets. • Buy water-efficient dishwashers and clothes washers when it’s time to replace them. SEQUESTRATION • Plant trees appropriate to your situation. • Add compost to your soil. • Purchase carbon offsets for airplane flights and other emissions that are difficult to mitigate. COMMUNITY ENGAGEMENT • Sign up for Resilient Neighborhoods and join a Climate Action Team. • Calculate and commit to reducing your carbon footprint by taking the actions identified in this plan. • Get your business certified as a Green Business with the Marin Green Business Program. Executive Summary | 1 EXECUTIVE SUMMARY Climate Action Plan 2030 is an update to the Town’s first Climate Action Plan (CAP) which was adopted in 2011. The original plan identified actions to reduce greenhouse gas emissions to 1990 levels by the year 2020, consistent with the State’s goal to reduce statewide emissions. Tiburon achieved that goal in 2014. In 2016, California adopted a new state law requiring the State to reduce statewide emissions to 40% below 1990 levels by 2030. Since that time, California jurisdictions have been updating their Climate Action Plans to meet the new goal, including the County of Marin, Belvedere, San Rafael, San Anselmo, Larkspur, Novato, and Fairfax. This CAP update is designed to reduce community greenhouse gas emissions 50% below Tiburon’s 1990 levels, exceeding the statewide 2030 goal, while also laying the path to achieve the State’s longer-term goal to achieve carbon neutrality by 2045 through both reduction of emissions and carbon sequestration. The CAP incorporates the Town’s greenhouse gas emissions inventory for the year 2020 to calculate greenhouse gas emissions reductions for the various actions. GHG emissions totaled 43,300 MTCO2e in that year, which was approximately 16% below estimated 1990 levels. To meet the Town’s 2030 goal, the Tiburon community will need to reduce emissions another 17,900 MTCO2e. The CAP identifies state and local actions and performance targets that, if fully implemented and achieved, will meet the Town’s ambitious goal to reduce emission 50% below 1990 levels. The top local actions are as follows: Electric Vehicles. The plan targets 45% of passenger vehicles registered in Marin County to be plug-in electric vehicles by 2030. (6,340 MTCO2e) Electrification of Buildings. The plan includes adoption of ordinances that will require new homes and commercial buildings to be all-electric and replacement of natural gas appliances and heating systems with high-efficient electric versions, including heat pump technology, upon burnout. (2,030 MTCO2e) Energy Efficiency. The plan includes continue promotion and participation in energy efficiency and conservation programs to reduce energy consumption in the built environment. (1,170 MTCO2e) Waste Reduction. The plan includes actions to significantly reduce organic waste from landfills. (1,830 MTCO2e) Community Education. The plan includes actions to educate and motive residents to reduce their carbon input by participating in the Resilient Neighborhoods program. (960 MTCO2e) Carbon Offsets. To ensure emissions are reduced 50% below 1990 levels by 2030, the Town will consider annually purchasing carbon offsets – preferably in a local program that sequesters carbon in Marin County – in the amount needed to bridge the gap between the GHG reduction achieved in 2030 and the target. (2,260 MTCO2e) While the CAP focuses on achieving the 2030 goal, continued implementation of the actions contained in the plan past that date will achieve the State’s carbon neutrality goal for 2045. Ultimately more aggressive state, federal, and international action is required to reduce global emissions to levels that will avoid the catastrophic impacts of climate change. For this reason, the CAP contains actions to advocate at the state and federal levels for policies and actions that support the rapid transition to GHG-free energy sources, electrification of buildings and the transportation fleet, and other sweeping measures to sharply reduce greenhouse gas emissions. Chapter 1: Introduction | 2 CHAPTER 1: INTRODUCTION The need for local governments to act on climate change has never been more urgent, as demonstrated by 2020’s devastating wildfires layered over a global pandemic. Tiburon has long been dedicated to environmental leadership, and this plan continues that legacy by incorporating new ideas and ambitious targets. The following plan outlines a path towards reducing local greenhouse gas (GHG) emissions through the year 2030. WHAT IS A CAP? A Climate Action Plan (CAP) is a public document which: • Helps us to understand how the community contributes to climate change • Sets targets for how much to reduce these contributions by a certain year • Outlines a path to meet that goal. This CAP is grounded in Tiburon’s understanding that climate change is already impacting California and the world and will continue to affect Marin’s residents and businesses for the foreseeable future, as well as other communities around the world. The Town also recognizes that local governments play a strong role in reducing GHG emissions in their municipal operations and communities and mitigating the future impacts of climate change. The CAP seeks to reimagine a community that is substantially less dependent on fossil fuels and provides a prosperous environment for both current and future generations, while not exporting environmental damage and GHG emissions to other parts of the Bay Area, nation, or world. The CAP was developed with the assistance of Marin Climate and Energy Partnership (MCEP), a partnership program of Marin cities and towns, the County, and Marin regional agencies. The actions included in this plan draw on a model climate action plan developed by MCEP, which is intended to support countywide implementation efforts. Although the CAP specifically addresses the incorporated areas of Tiburon, many of the actions identified in this plan will require the coordinated effort of Marin’s local governments. The model plan has already been adopted by San Rafael, San Anselmo, Corte Madera, and the County of Marin and is currently being used to update additional Climate Action Plans for other cities and towns in Marin. Through the actions outlined in this plan, such as increasing energy efficiency in buildings, electrifying buildings and appliances, accelerating zero emission vehicle adoption, and using clean, renewable energy sources, the community can experience lower fuel and energy bills, improved air quality, reduced emissions, and an enhanced quality of life. The Town’s preparation of GHG emissions inventories and Climate Action Plans are part of an ongoing planning process that includes assessing, planning, mitigating, and adapting to climate change. Chapter 1: Introduction | 3 WHAT ARE GREENHOUSE GAS EMISSIONS AND HOW DO THEY CONTRIBUTE TO CLIMATE CHANGE? Greenhouse gases (GHGs) are gases in Earth’s atmosphere that allow the sun’s rays to enter our atmosphere and trap the resulting heat generated by the rays. These gases are naturally occurring and make Earth suitable for life. While we depend a certain level on these gases to keep our earth habitable, certain human activities have been shown to emit GHGs, increasing their concentration in the atmosphere to unsustainable levels and trapping more heat, resulting in an increase in Earth’s average temperature (Figure 1). This intensification of the natural greenhouse effect affects local and global climate patterns, and which in turn amplifies many hazards including flooding, wildfire, drought, and storms. FIGURE 1: THE GREENHOUSE EFFECT Source: California Waterboard/Marion Koshland Science Museum Of The National Academy Of Sciences These GHGs include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perflurocarbons, and sulfur hexafluoride (Table 1)1. Each one has a different degree of impact on climate change. To facilitate comparison across different emission sources with mixed and varied compositions of several GHGs, the term “carbon dioxide 1 Water vapor is the most dominant greenhouse gas, but it is not measured as a part of a greenhouse gas inventory and for that reason is not included in this discussion. Chapter 1: Introduction | 4 equivalent” or CO2e is used across this CAP. One metric ton of CO2e may consist of any combination of GHGs and has the equivalent Global Warming Potential (GWP) as one metric ton of carbon dioxide (CO2). As gathering data and quantifying emissions can be quite difficult for some sources, community inventories at the local government level typically concentrate on the three primary GHGs: CO2, CH4, and N20. TABLE 1: GREENHOUSE GASES Gas Chemical Formula Emission Source Global Warming Potential Carbon Dioxide CO2 Combustion of natural gas, gasoline, diesel, and other fuels 1 Methane CH4 Combustion, anaerobic decomposition of organic waste in landfills, wastewater, and livestock 28 Nitrous Oxide N2O Combustion, wastewater treatment 265 Hydrofluorocarbons Various Leaked refrigerants, fire suppressants 4 to 12,400 Perfluorocarbons Various Aluminum production, semiconductor manufacturing, HVAC equipment manufacturing 6,630 to 11,100 Sulfur Hexafluoride SF6 Transmission and distribution of power 23,500 Source: International Panel on Climate Change (IPCC) Fifth Assessment Report, 100-year values, 2014 According to the U.S. Environmental Protection Agency’s 2019 “Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2018,” the majority of GHG emissions comes from fossil fuel combustion which in turn is used for electricity, transportation, industry, heating, etc. The burning of fossil fuels occurs across nearly every sector of the global economy, in ways that have become foundational to the ways that most people move, eat, and live. It is the charge of this plan to diminish our community’s dependence on fossil fuels and drastically decrease our associated GHG emissions. HOW WILL CLIMATE CHANGE IMPACT CALIFORNIA AND TIBURON? As described above, the Earth’s climate is warming, mostly due to human activities such as changes in land cover and emissions of certain pollutants. GHGs are the major human-induced drivers of climate change. These gases warm the Earth’s surface by trapping heat in the atmosphere. California is already experiencing climate change impacts. Sea levels along the coast of southern and central California have risen about 6 inches over the past century and even moderate tides and storms are now producing extremely high sea levels.2 Since 1950, the areas burned by wildfire each year has been increasing, as warming temperatures extend the fire season and low precipitation and snowpack create conditions for extreme, high severity wildfires to spread rapidly. Eighteen of the state’s twenty largest fires have occurred since 2003, and the 2 Louise Bedsworth, Dan Cayan, Guido Franco, Leah Fisher, Sonya Ziaja, “Statewide Summary Report,” in California’s Fourth Climate Change Assessment, publication number: SUMCCCA4-2018-013, 2018, p. 31. Chapter 1: Introduction | 5 eight largest fires have occurred since 2017.3 The megafires of 2020, sparked in many cases by lightning strikes, burned over 4 million acres across California. As temperatures continue to rise, California faces serious climate impacts, including: • More intense and frequent heat waves • More intense and frequent drought • More severe and frequent wildfires • More severe storms and extreme weather events • Greater riverine flows • Shrinking snowpack and less overall precipitation • Accelerating sea level rise • Ocean acidification, hypoxia, and warming • Increase in vector-borne diseases and heat- related deaths and illnesses • Increase in harmful impacts to vegetation and wildlife, including algal blooms in marine and freshwater environments, spread of disease- causing pathogens and insects in forests, and invasive agricultural pests. Overall temperatures are projected to rise substantially throughout this century. In Tiburon, temperatures are expected to rise about 4°F by 2100 if global emissions peak around 2040 and then decline, the so-called “low emissions” scenario. If the world fails to act and we continue the path we are on, temperatures are projected to rise 7°F by the end of the century (the “high emissions” scenario).4 As the climate changes, some of the more serious threats to public health will stem from more frequent and intense extreme heat days and longer heat waves. Extreme heat events are likely to increase the risk of heat-related illness, such as heat stroke and dehydration, and exacerbate existing chronic health conditions. Extreme heat days in Tiburon are expected to increase from 4 days to 11 days under the low emissions scenario and to as many as 19 days under the high emissions scenario. Higher temperatures will make Marin more vulnerable to wildfire and sea level rise. By the end of the century, sea level is projected to rise 2.4 to 3.4 feet, and possibly as much as 10 feet. At 5 feet of sea level rise, flooding may inundate downtown Tiburon, Blackie’s Pasture and Greenwood Cove, the Cove Shopping Center, and Paradise Cay. Flooding will be even worse during storms, which are expected to increase in frequency and intensity. WHAT ROLE DOES GOVERNMENT PLAY? International, national, and statewide GHG reduction goals and policies affect the Town’s own goals and policies. Whether trying to meet or exceed those goals, California and Marin are known for their environmental stewardship and willingness to be leaders on the international and national stage. 3 Cal Fire, “Top 20 Largest Wildfires,” https://www.fire.ca.gov/media/4jandlhh/top20_acres.pdf, accessed 7/29/22. 4 CalAdapt, https://cal-adapt.org/tools/annual-averages, accessed 7/29/22. Projected temperature increases are from the baseline 30-year period of 1961-1990. Chapter 1: Introduction | 6 International • The United Nations coordinates global commitments and targets to reduce emissions (such as the Paris Climate Accord) • The United Nations also supports the advancement of climate science through the Intergovernmental Panel of Climate Change (IPCC). The IPCC coordinates the work of scientists across the world to continually update models and assess the science related to climate change. This work in turn informs the way that national, state, and local governments understand and address the human activities that contribute to climate change and the ways that climate change might impact earth’s environment. National • Currently, there is no federal legislation mandating comprehensive GHG emissions reporting or reduction in the United States. State • California first established statewide GHG emission reduction targets in 2005. • California has used its climate goals to develop regulations to reduce emissions across a variety of sectors, including: o Setting more strict fuel economy standards for vehicle manufacturers that would like to sell cars in the state o Establishing energy efficiency building requirements through the State Building Code o Direct management of emissions from power plants and other stationary sources • California has also used SB 375, which was passed in 2008, to reduce emissions from cars and light trucks by promoting compact mixed-use, commercial, and residential development. SB 375 required local governments in California to consider GHG emissions, leading to successful proliferation of climate action plan development throughout the state. Local • Looks at GHG emissions generated by their communities. • Sets long term GHG emission reduction targets that align meet or exceed statewide goals through local Climate Action Plans. • Develops policies and programs to achieve CAP GHG emission reduction goals. UNITED NATION’S INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE The United Nations’ Intergovernmental Panel on Climate Change (IPCC) is responsible for advancing knowledge on human-induced climate change. Its reports play a key role in the United Nations Framework Convention on Climate Change, with the Fifth Assessment Report heavily informing the landmark Paris Agreement in 2015. In December 2015, all the members of the United Nations Framework Convention on Climate Change (UNFCCC) --- including the United States, China, India, and the European Union --- signed on to the historic “Paris Agreement” at the 21st Conference of the Parties (COP21) to the UNFCCC. The central aim of the Paris Agreement is to strengthen the global response to the threat of climate change by keeping a global temperature rise this century well below 2 degrees Celsius above preindustrial levels and to pursue efforts to limit the temperature increase even further to 1.5 degrees Celsius. Additionally, the agreement aims to strengthen the ability of countries to deal with the impacts of climate change. Chapter 1: Introduction | 7 In 2022, the IPCC Sixth Assessment released Climate Change 2022 reports from Working Group II: “Impacts, Adaptation and Vulnerability” (February), and from Working Group III: “Mitigation of Climate Report” (April). The February report has been described as the "starkest warning yet .… of major inevitable and irreversible climate changes" and conveys the dangerous and pervasive impacts of climate change that are affecting nature, people’s lives, and infrastructure everywhere, in every region of our world. “It is clear now that minor, marginal, reactive or incremental changes won’t be sufficient. Shifts in most aspects of society are required to overcome limits to adaptation, build resilience, reduce climate risk to tolerable levels, guarantee inclusive, equitable and just development and achieve societal goals without leaving anyone behind. Any further delay in concerted anticipatory global action,” the report says, “will miss a brief and rapidly closing window of opportunity to secure a livable and sustainable future for all.” Written by 270 researchers from 67 countries, the report is “an atlas of human suffering and a damning indictment of failed climate leadership,” said António Guterres, the United Nations Secretary- General. Global temperatures have already increased by an average of 1.1 degrees Celsius, or 2 degrees Fahrenheit, since the 19th century as humans have pumped heat-trapping gases into the atmosphere by burning coal, oil, and gas for energy, and cutting down forests. The goal of limiting global temperature increase to no more than 1.5 degrees Celsius above preindustrial levels would require nations to all but eliminate their fossil-fuel emissions by 2050, and most are far off-track. The world is currently on pace to warm somewhere between 2 degrees and 3 degrees Celsius this century, experts have estimated. And even if we cross 1.5 degrees but temperatures are brought back down later, severe, and irreversible damage could still result, the new report says. The IPCC’s mitigation working group’s April report warns that the goal limiting global warming to 1.5 degrees Celsius, or 2.7 degrees Fahrenheit, will likely be out of reach by the end of the decade, unless emissions reductions programs are markedly accelerated. The modeled pathways that achieve this goal reduce net CO2 emissions below 2019 levels by approximately 48% by 2030 and 80% in 2040, with similar reductions in methane and other non-CO2 greenhouse gas emissions. In answering what are the most important steps, they answer in part, “to create a low-carbon energy system, emissions must be reduced across all parts of the system, and not just one or two. This means, for example, reducing the emissions from producing electricity, driving cars, hauling freight, heating and cooling buildings, powering data centers, and manufacturing goods.” STATE OF CALIFORNIA In 2006, the State of California enacted the Global Warming Solutions Act (AB 32) which established a comprehensive program to reduce greenhouse gas emissions from all sources throughout the state. AB 32 required the California Air Resources Board (CARB) to develop regulations and market mechanisms to reduce California's GHG emissions to 1990 levels by 2020, representing about 30% reductions statewide, with mandatory caps starting in 2012 for significant emissions sources. Along with adopting Early Action Measures and initiating regulations for additional GHG emissions source reductions, CARB created the CAP and Trade market shortly thereafter. In California, climate policy objectives initially proposed by Governor Jerry Brown, were codified through passage of Senate Bill (SB) 32 (Pavley, Chapter 249, Statutes of 2016) and SB 1386 (Wolk, Chapter 545, Statutes of 2016). SB 32 commits California to reducing GHG emissions 40% below 1990 levels by 2030, and SB 1386 identifies the protection and management of natural and working lands as a key strategy towards meeting this ambitious GHG emissions reduction goal. Specifically, SB 1386 directs State agencies to consider the carbon sequestration potential of natural and working lands “when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria related to [their] protection and management.” Chapter 1: Introduction | 8 The Governor further supported these activities with Executive Order B-52-18, which calls for improved management of the State’s forests, and Executive Order B-54-18, which calls for actions to protect the State’s biodiversity from current and future challenges of climate change. In September 2018, Governor Brown signed Executive Order B-55-18, which establishes a goal for California to achieve carbon neutrality (net zero emissions) by 2045 and after that, maintaining net-negative emissions (sequestering more carbon that is being emitted). While California is still working through the details of what this means and how it can be achieved, it will require both technological solutions as well as natural solutions including more and appropriate tree planting; climate-smart habitat restoration initiatives; reduction of ecological degradation; and ocean protection. Natural climate solutions and “green” infrastructure are increasingly being prioritized through several state directives and bills to reduce emissions and drawdown atmospheric GHG from natural and working lands (e.g., forests, rangelands, farmlands, wetlands, and soils) while also protecting biodiversity and nature’s ability to increase our resilience to growing climate extremes. In 2019, the California Air Resources Board was finalizing guidelines and protocols for Natural and Working Lands GHG emissions reductions and sequestration guidelines (including forests, rangelands, wetlands, and farms). The regularly updated Safeguarding California Plan shows what state government is doing to address the climate impacts we are seeing today and create a more resilient future. The 2018 Safeguarding California In Action: Climate Change Adaptation Examples from State Agencies details examples of projects and programs to increase resilience to climate change. Actions include emergency management, public health improvements, habitat restoration, reforestation and urban tree planting, permeable pavements, drought resilient lawns, climate-smart agriculture, planting of deep-rooted perennials, covering of bare soil, and water recycling. Tiburon recognizes that keeping global warming below the 1.5 degrees Celsius threshold as recommended by the IPCC and achieving carbon neutrality in the State of California by 2045 will take concerted international, federal, and statewide action and legislation. This Climate Action Plan commits the Town to doing its part to reduce emissions from activities occurring within its borders and support broader efforts to limit and sequester global emissions. TIBURON’S CAP HISTORY & CLIMATE ACTION TO DATE The Town first adopted a CAP in 2011 based on a long-standing commitment to environmental stewardship and sustainability. The Plan established GHG emission levels for 2005 and established a goal to reduce emissions 15% below 1990 levels by 2020, which was in line with the State’s goal to reduce statewide emissions to 1990 levels by 2020. As of 2018, the Town had reduced emissions 26% below 2005 levels, exceeding both the Town’s goal and the statewide target. In 2020, the Town began an update to the CAP. This CAP builds on the successes of the 2011 document while setting a new emissions reduction target for 2030 and beyond. The Town has been a pioneer in efforts to reduce GHGs. This is a partial listing of the many actions the Town has implemented since recognizing the critical need to act. RENEWABLE ENERGY & ELECTRIFICATION • Marin Clean Energy. In 2010, the Town joined the County and several Marin cities and towns to form Marin Clean Energy (MCE), a Community Choice Energy agency. As a public agency, MCE is chartered to source clean, competitively priced electricity on behalf of residents and businesses in participating jurisdictions. Chapter 1: Introduction | 9 MCE provides customers with 60% - 100% renewable energy and has plans to provide all customers with 100% renewable energy by 2022. • Deep Green Electricity. In 2017, the Town began purchasing 100% renewable electricity from MCE for all municipal facilities. • Solar Installation. The Town installed a 22 kW solar PV system on Town Hall in 2006 and a 11 kW solar shade structure at the police station in 2021. ENERGY EFFICIENCY • Energy Efficiency Upgrades. The Town has replaced some of the lighting in Town owned buildings with LEDs and replaces with energy efficient lighting during routine replacements/maintenance. • LED Streetlights. The Town has converted 44% of its streetlights to LED fixtures. LED lighting uses about half the electricity of conventional lighting. • Green Building Ordinance. The Town has adopted green building regulations that exceed State building code requirements since 2008. LOW CARBON TRANSPORTATION • Electric Vehicles (EVs). The Town’s fleet includes three zero emission passenger vehicles, one electric bicycle, and one electric utility cart. • Bicycle and Pedestrian Network Improvements. The Town has completed pedestrian and bicycle infrastructure and safety improvements to encourage residents, employees, and visitors to walk, bike and take transit rather than drive to their destinations. In 2016, the Town adopted an updated Bicycle and Pedestrian Master Plan that provides for a town-wide network of bicycle and pedestrian facilities, including sidewalks, paths, bike lanes, and bike routes, along with bicycle and pedestrian-related programs and support facilities. WASTE REDUCTION • Curbside Composting. The Town update its franchise agreement with Mill Valley Refuse to provide curbside composting of green waste and food scraps. • Plastic Bag Ban. In 2014, the Town adopted an ordinance that prohibits stores from providing single-use plastic carry-out bags to customers. COMMUNITY COLLABORATION • Marin Climate and Energy Partnership. The Town is a member of the Marin Climate & Energy Partnership (MCEP). Created in 2007, MCEP is a countywide partnership that allows its members to work collaboratively, share resources, and secure funding to: 1) discuss, study, and implement overarching policies and programs, ranging from emission reduction strategies to adaptation, contained in each agency’s Climate Action Plan; and 2) collect data and report on progress in meeting each partner member’s individual GHG emission targets. MCEP’S website provides information on climate action plans and GHG emission in Marin and links to the Marin communities’ plans and reports. MCEP’s Marin Sustainability Tracker compares the progress Marin’s jurisdictions are making on 11 metrics related to energy, waste, transportation, water, and GHG reduction. Chapter 2: Greenhouse Gas Emissions Inventory, Forecast, and Reduction Targets | 10 CHAPTER 2: GREENHOUSE GAS EMISSIONS INVENTORY, FORECAST, AND REDUCTION TARGETS TIBURON PROFILE Located on a peninsula in Marin County approximately seven miles north of the Golden Gate Bridge, Tiburon is a small town with a land area of 4.5 square miles and an estimated current population of 9,540.5 Primarily a residential community of single-family homes, Tiburon has a relatively small percentage of land devoted to multi-family development and commercial uses. There are two commercial areas that provide necessary goods and services for residents, as well as public and private schools for grades K-8, a post office, a library, police and fire stations, and a Town Hall. With abundant parks and open space, and both public and private recreational facilities, there are many recreational opportunities within town. Tiburon enjoys a temperate climate, with cool, wet, and almost frostless winters and cool, dry summers with frequent fog or wind. Natural gas consumption rises in the winter months and fluctuates according to average low temperatures during the rainy season. Water use rises during the summer, and outdoor water use is largely dependent upon local rainfall patterns and weather conditions. Approximately 75% of Tiburon’s housing stock was built before 1980, providing excellent opportunities to upgrade homes to include more energy-efficient and decarbonized features.6 The commercial sector of the built environment, which includes retail and office buildings as well as public and government buildings, uses about 28% of all electricity and 14% of natural gas consumed in Tiburon. As such, the commercial sector has a significant role to play in reducing GHG emissions. While there are no large employment centers, Tiburon provide about 2,910 jobs.7 Most people who work in Tiburon also live in the county (69%), while about 7% come from Sonoma County and the rest from other Bay Area counties. Although some residents work in Tiburon (23%), a majority commute to jobs in San Francisco (35%), elsewhere in Marin County (30%), and other locations outside Marin County.8 An estimated 60% of Tiburon residents drive to work alone, 5% carpool, 15% take the ferry, 2% take the bus, and 1% walk or bicycle. In 2018, approximately 16% of residents worked from home. 9 During the coronavirus pandemic of 2020-2021, it is estimated that average mobility, based on distance traveled, declined 55-70% in Marin County.10 Although it is unknown how changing transportation 5 California Department of Finance, Report E-5, January 1, 2020. 6 U.S. Census, American Community Survey 2018 ACS 1-Year Estimates. 7 Association of Bay Area Governments, Plan Bay Area 2040 Projections. 8 Census Transportation Planning Products, 2012-2016 data set. These numbers do not take into account shifting employment locations due to the coronavirus pandemic of 2020-2021. 9 U.S. Census, American Community Survey 2018 ACS 1-Year Estimates. 10 Unacast, https://www.unacast.com/covid19/social-distancing-scoreboard?view=county&fips=06041, accessed 1/27/21. Chapter 2: Greenhouse Gas Emissions Inventory, Forecast, and Reduction Targets | 11 patterns are likely to persist once the pandemic has subsided, there is an opportunity to significantly reduce vehicle miles traveled (VMT) by working at home. Tiburon Boulevard, a state highway maintained by Caltrans, runs along the length of the peninsula and connects to Highway 101. As the principal roadway on a peninsula, most vehicle trips in Tiburon require some segment to be driven on this roadway. Walking or biking are viable ways to get around the flatter areas of town, especially in the neighborhoods located close to schools and commercial areas. There is one Class 1 multi-use path that runs along the Richardson Bay shoreline to the downtown area, where it becomes a striped bicycle lane for a short segment. More residents walking and biking to destinations will help to reduce transportation emissions, improve public health, and build community. Understanding time, safety, and access constraints to biking and walking is essential to encourage residents to shift away from single occupancy vehicles. Public transit is limited within Tiburon, with one bus route operated by Marin Transit running between downtown Tiburon and Strawberry approximately every half hour. Marin Transit uses renewable diesel in most of its fleet and began introducing electric buses in 2019. Ferry service is located in the downtown and provides a convenient way for residents to commute to San Francisco. With a median household income significantly higher than the average California household ($155,915 vs. $75,235) and a great majority of well-educated residents (76% have a bachelor’s degree or higher), Tiburon residents, on average, have access to more resources, which may allow them to be early adopters of new eco-friendly technologies.11 For example, Marin County is a leader in zero emission vehicles (ZEVs) in California with 12,369 ZEVs in Marin by the end of 2021, and about 5.8% of registered automobiles. In Tiburon, ZEVs make up 10.1% of all registered vehicles. Public information campaigns, incentives, and regulatory mechanisms to accelerate solar and battery storage installation, electric vehicle adoption, and electrification of buildings and appliances are strategies that can be used to reduce GHG emissions. COMMUNITY EMISSIONS INVENTORY The first step toward developing a climate action plan is to identify sources of emissions and establish baseline levels. In 2020, the Marin Climate & Energy Partnership prepared a Greenhouse Gas Emissions Inventory for Tiburon community emissions for the years 2005 through 2020. The “activity-based” inventory quantifies GHG emissions from a wide variety of sources, from the energy used to power, heat, and cool buildings, to the fuel used to move vehicles and power off-road equipment, to the decomposition of solid waste and treatment of wastewater. Emissions are quantified according to methodologies established by the U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions (v. 1.2). The inventory provides a detailed understanding of where the highest emissions are coming from, and, therefore, where the greatest opportunities for emissions reductions lie. The inventory also establishes a baseline emission inventory against which to measure future progress. Community emissions are quantified according to these seven sectors: • The Built Environment - Electricity sector represents emissions generated from the use of electricity in homes and commercial and public buildings and facilities, and electric vehicle charging in Tiburon. 11 2019 American Community Survey 5-Year Estimates. Chapter 2: Greenhouse Gas Emissions Inventory, Forecast, and Reduction Targets | 12 • The Built Environment – Natural Gas sector represents emissions generated from the use of natural gas in homes and commercial and public buildings and facilities in Tiburon. Propane used in homes is included in this sector, representing about 1% of emissions. • The Transportation sector includes tailpipe emissions from passenger vehicle trips originating and/or ending in Tiburon, a share of tailpipe emissions generated by medium and heavy-duty vehicles travelling on Marin County roads, and emissions from transit vehicles when operating within the Town limits. Electricity used to charge electric vehicles is embedded in electricity consumption reported in the Built Environment – Electricity sector. • The Waste sector represents fugitive methane emissions that are generated over time as organic material decomposes in the landfill. Although most methane is captured or flared off at the landfill, approximately 25% escapes into the atmosphere. • The Off-Road sector represents emissions from the combustion of gasoline and diesel from the operation of off-road vehicles and equipment used for construction and landscaping. • The Water sector represents emissions from energy used to pump, convey, treat, and distribute potable water from the water source to water users in Tiburon. • The Wastewater sector represents stationary, process, and fugitive GHGs that are created during the treatment of wastewater generated by the community and emissions created from energy used to process wastewater. Community GHG emissions totaled 60,352 metric tons in 2005 and 43,307 metric tons in 2020, falling 29%, or 17,266 metric tons CO2e. As shown in Table 2, reductions occurred in all inventoried sectors. The largest decline occurred in the Built Environment - Electricity sector, due to a 18% reduction in electricity consumption and a significant improvement in the carbon intensity of electricity. Emissions declined 83% in this sector and 9,076 metric tons between 2005 and 2020. TABLE 2: COMMUNITY EMISSIONS BY SECTOR, 2005 TO 2020 Year Bu i l t E n v . – El e c t r i c i t y Bu i l t E n v . – Na t u r a l G a s Tr a n s p o r t a t i o n Wa s t e Of f -R o a d W at e r Wa s t e w a t e r To t a l % Change from 2005 2005 10,914 16,892 28,379 2,945 837 366 240 60,573 2006 10,312 17,038 28,367 2,933 877 322 239 60,088 -1% 2007 13,821 16,866 28,148 2,642 1,038 433 256 63,205 4% 2008 13,687 17,345 27,745 2,200 849 399 259 62,483 3% 2009 12,153 17,187 27,749 1,896 715 402 250 60,352 0% 2010 8,643 17,889 26,449 1,864 638 231 238 55,951 -8% 2011 7,958 18,158 26,739 1,820 620 164 234 55,694 -8% 2012 8,116 17,044 26,949 1,895 610 177 243 55,035 -9% 2013 7,652 16,559 26,485 1,935 609 208 247 53,695 -11% 2014 6,989 13,773 26,016 1,960 606 187 243 49,774 -18% 2015 6,721 13,978 25,615 2,034 600 147 241 49,337 -19% 2016 5,494 14,969 25,166 2,404 594 110 232 48,970 -19% Chapter 2: Greenhouse Gas Emissions Inventory, Forecast, and Reduction Targets | 13 Year Bu i l t E n v . – El e c t r i c i t y Bu i l t E n v . – Na t u r a l G a s Tr a n s p o r t a t i o n Wa s t e Of f -R o a d W at e r Wa s t e w a t e r To t a l % Change from 2005 2017 2,471 15,408 25,764 2,517 585 32 228 47,005 -22% 2018 2,552 14,801 25,830 2,241 571 11 228 46,234 -24% 2019 2,805 15,354 24,841 2,138 555 12 214 45,920 -24% 2020 1,838 15,045 23,789 1,889 516 14 216 43,307 -29% 2005-2020 -9,076 -1,848 -4,590 -1,055 -321 -352 -24 -17,266 2005-2020 -83% -11% -16% -36% -38% -96% -10% -29% Figure 2 compares sector emissions between 2005 and 2020. The chart shows how the share of emissions for the Built Environment – Electricity sector has shrunk over the years as energy use has declined and electricity has become cleaner. PG&E has been steadily increasing the amount of renewable energy in its electricity mix, which was 67% less carbon intensive in 2020 than it was in 2005. MCE Clean Energy (MCE), which began serving Tiburon in 2010, provides its customers with electricity that is generated from 60% and 100% renewable sources. FIGURE 2: EMISSIONS BY SECTOR, 2005 AND 2020 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 2005 2020 Wastewater Off-Road Waste Transportation Built Env. –Natural Gas Built Env. –Electricity Chapter 2: Greenhouse Gas Emissions Inventory, Forecast, and Reduction Targets | 14 CONSUMPTION-BASED INVENTORY In addition to the sectors outlined above which measure the emissions that are generated within the Town’s borders, there are emissions associated with the goods and services that residents in Tiburon consume. These are referred to as “consumption-based emissions”. Rather than assessing emissions that are generated within a jurisdictional boundary, consumption-based inventories estimate the emissions based on the goods and services consumed within a place. This includes emissions from raw material extraction, manufacturing, distribution, retail, and disposal. Historically, local governments have only included emissions that occur within their boundaries, including emissions associated with goods that will eventually be exported (Figure 4). However, in communities like Tiburon (as in many other communities in the United States) where goods are more often imported than exported, consumption emissions can be up to 800% higher than their sector-based emissions inventory. Consumption emissions are harder to track and have fewer defined pathways for policy intervention from local governments, so the Town continues to follow ICLEI’s Community Protocol and focus on actionable programs and policies to address local emissions. This CAP, wherever possible, seeks to take into account the whole picture of local contributions to climate change and includes measures to address these emissions in the built environment. In 2016, the Bay Area Air Quality Management District (BAAQMD) and U.C. Berkeley developed consumption-based inventories for Bay Area communities to better understand how purchasing habits contribute to global climate change. A consumption-based inventory includes emission sources that don’t get counted in the typical “activity- based” GHG inventory, as well as other items that are difficult to quantify like airplane travel and upstream emissions from the production, transport, and distribution of food and household goods. Figure 4 shows the results of the consumption-based inventory for Tiburon and Belvedere households. According to this inventory, the average household generates 55.6 MTCO2e per year. Under the activity-based GHG inventory, the average Tiburon household generates 11.7 MTCO2e in 2020, about 21% of the consumption-based estimate. he consumption-based inventory used data from 2013 to determine household emissions. In that year, the average Tiburon household generated 14.2 MTCO2e according to the activity-based GHG emissions inventory. For more information on the consumption-based inventories, visit https://coolclimate.org/inventory. Although this consumption-based inventory is informative, it has not been updated since 2016 and therefore does not provide a way to track changes in emissions levels over time. Tiburon’s Greenhouse Gas Inventory instead FIGURE 3: SECTOR-BASED VS. CONSUMPTION-BASED GHG Source: C40 Cities, “Consumption-Based GHG Emissions of the C40 Cities” Chapter 2: Greenhouse Gas Emissions Inventory, Forecast, and Reduction Targets | 15 focuses on emission sources that the Town has some control over and that can be reliably quantified using established protocols and tracked annually in order to inform decision-making and measure progress. This CAP, wherever possible, seeks to consider the whole picture of local contributions to climate change and includes measures to address these emissions. The “What You Can Do Table” at the beginning of this document includes many actions residents can take on their own to reduce their consumption-based emissions. It is anticipated that over the period of this CAP, the methodology and metrics to inventory and reduce consumption- based emissions will advance. Given the high level of consumption-based emissions attributable to Tiburon residents, the Town will continue to monitor the availability and applicability of consumption-based inventories and protocols to incorporate these tools into the annual inventory and implementation planning process. FIGURE 4: AVERAGE TIBURON/BELVEDERE HOUSEHOLD CARBON FOOTPRINT Source: CoolClimate Network COMMUNITY EMISSIONS FORECAST The Climate Action Plan includes a business-as-usual (BAU) forecast in which emissions are projected in the absence of any policies or actions that would occur beyond the base year to reduce emissions. The forecasts are derived by “growing” 2020 emissions by forecasted changes in population, number of households, and jobs. The number of households is projected by assuming that the Town will add 639 housing units by 2030, as determined by the 6th cycle Regional Housing Needs Allocation for June 2022 through December 2030. Projected population is estimated Chapter 2: Greenhouse Gas Emissions Inventory, Forecast, and Reduction Targets | 16 by assuming 2.47 persons per household, which is the current household size according to the California Department of Finance.12 Due to the uncertain nature of actual housing development, no additional housing development and population growth is assumed after 2030. No growth is expected in jobs since the anticipated rezonings to accommodate the Town’s RHNA will likely decrease the amount of commercial space in Tiburon. Transportation emissions are projected utilizing data provided by the Metropolitan Transportation Commission (MTC), which incorporate the vehicle miles traveled (VMT) reductions expected from the implementation of Plan Bay Area 2020 and the Regional Transportation Plan adopted in 2017. These forecasts have not yet been updated to reflect Plan Bay Area 2050 and may be underestimating the VMT impacts of housing units that have been allocated to Marin County. As shown in Table 3, emissions are expected to rise 7.1% by 2030. Forecasted emissions then decline due to the projected reduction in VMT. Emissions will be approximately 45,970 MTCO2e by 2050 under the BAU forecast, an increase of 5.8% from 2020 levels. TABLE 3: TIBURON COMMUNITY EMISSIONS FORECAST Forecast Category 2020 2030 2040 2050 Population 9,127 10,704 10,704 10,704 Housing Units 4,047 4,686 4,686 4,686 Households 3,714 4,353 4,353 4,353 Jobs 2,910 2,910 2,910 2,910 Emissions (MTCO2e) 43,430 46,515 46,240 45,969 Change in Emissions from 2020 + 7.1% +6.5% +5.8% COMMUNITY EMISSIONS REDUCTION TARGETS The State of California has adopted goals to reduce California’s GHG emissions. Passed in 2006, the California Global Warming Solutions Act (Assembly Bill 32) established the State’s first target to reduce statewide emissions to 1990 levels by 2020. Because reliable activity data is generally not available to determine 1990 emissions levels for local governments, the California Air Resources Board (CARB) recommended local governments pursue a target, comparable to the statewide target, to reduce emissions 15% below “current” emissions in its Climate Change Scoping Plan, which was published in 2008. Given the unreliability of 1990 data, Marin cities and towns have historically used 2005 as the baseline for its emissions inventories and has set GHG reduction goals relative to that year. The State has established additional goals for future reductions. Senate Bill 32, passed in 2016, sets a target to reduce statewide emissions 40% below 1990 levels by 2030. 12 While approximately 90% of the additional housing units are expected to be small multifamily units and accessory dwelling units, the expanded housing stock is expected to provide options for senior households to downsize, thus freeing up single family homes for larger families. Nonetheless, assuming 2.47 persons per household is a conservative estimate. Chapter 2: Greenhouse Gas Emissions Inventory, Forecast, and Reduction Targets | 17 In 2015, Executive Order B-30-15 reaffirmed California’s goal to reduce emissions to 80% below 1990 levels by 2050, and in 2018, former Governor Brown issued Executive Order (EO) B-55-18, which established a new statewide goal to achieve carbon neutrality by 2045. The Executive Order defines carbon neutrality as “the point at which the removal of carbon pollution from the atmosphere meets or exceed emissions” and states that carbon neutrality will require both GHG reductions consistent with existing statewide targets and carbon sequestration in forests, soils, and other natural landscapes. EO B-55-18 directs the California Air Resources Board to update future Scoping Plans to identify sequestration targets and recommend measures to achieve the new goal. This climate action plan establishes targets to reduce communitywide emissions 50% below 1990 levels, which would exceed the State’s guidance for local jurisdictions, and achieve carbon neutrality by 2045 (see Table 4). The CAP contains specific actions and projects emissions reductions through the year 2030. However, the CAP actions will meet the 2045 carbon neutrality goal if continued past 2030 as follows: • Convert 100% of light passenger vehicles and public transit buses to electric vehicles (LCT-C1, LCT-C5, LCT- M1) • Continue to improve fuel efficiency and electrify the medium and heavy duty vehicle fleet (State Action Light and Heavy Duty Fleet Regulations) • Convert 100% of landscape equipment to electric equipment (LCT-C8 and LCT-M4) • Prohibit natural gas end uses in all new construction (RE-C3.3) • Convert 100% of existing appliances and heating systems in all residential and non-residential buildings to electric (RE-C3.2) • Achieve zero-carbon electricity (RE-C2 and State Action Renewable Portfolio Standard) • Sequester carbon dioxide and purchase carbon offsets to mitigate remaining emissions, estimated at 2,300 MTCO2e (S-C1 through S-C4) TABLE 4: GHG EMISSIONS TARGETS 2030 Target 2045 Target Tiburon’s Target Mitigate and sequester emissions 50% below 1990 level13 Carbon Neutrality State Reference SB 32 EO B-55-18 Emissions Limit to Meet Target (MTCO2e) 25,543 0 Figure 5 shows the Town’s GHG emissions trend, forecast and GHG reduction targets that will occur through both mitigation and sequestration. 13 Consistent with the California Air Resource Board’s guidance to local governments, the Town is estimating 1990 levels as 15% below 2005 levels. The 2030 target is set at 50% below that level. Chapter 2: Greenhouse Gas Emissions Inventory, Forecast, and Reduction Targets | 18 FIGURE 5: COMMUNITY EMISSIONS TREND, FORECAST, AND TARGETS The Town acknowledges that aggressive action at the State, federal and international level will be needed to achieve the IPCC’s recommendation to limit global warming to 1.5 degrees Celsius and avoid the most catastrophic impact of climate change. The CAP contains actions to advocate at the state and federal levels for policies and actions that support the rapid transition to GHG-free energy sources, electrification of buildings and the transportation fleet, and other impactful measures to sharply reduce greenhouse gas emissions. 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 2005 2010 2015 2020 2025 2030 2035 2040 2045 2050 An n u a l G H G E m i s s i o n s ( M T C O 2 e ) ACTUAL EMISSIONS BUSINESS-AS-USUAL SCENARIO 2045 Target Carbon Neutrality 2030 Target 50% below 1990 level Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 19 CHAPTER 3: STRATEGIES TO REDUCE GREENHOUSE GAS EMISSIONS INTRODUCTION The Climate Action Plan includes a variety of regulatory, incentive-based, and market-based strategies that are expected to reduce emissions from both existing and new development in Tiburon. Several of the strategies build on existing programs while others provide new opportunities to address climate change. State actions will have a substantial impact on future emissions. Local strategies will supplement these State actions and achieve additional GHG emissions reductions. Successful implementation will rely on the combined participation of Town staff as well as residents, businesses, and community leaders. The following sections identify the State and local strategies included in the CAP to reduce community emissions. The projected reductions from State and local emissions reduction actions total 25,543 MTCO2e by 2030. Community emissions based on emissions reduction measures are projected to be 25,543 MTCO2e by 2030 with the full implementation of the CAP, which is 50% below 1990 levels. This outcome would exceed the SB 32 target. As shown in Figure 6, State actions represent about 21% of the reduction expected through implementation of the Climate Action Plan. Local mitigation actions designed to reduce emissions represent about 79% of the total. However, it is important to note that some of the local actions, such as increasing the number of zero emission passenger vehicles and buses in Marin County and reducing the amount of organic waste sent to the landfill, work in tandem with State legislation, programs, and goals. FIGURE 6: CUMULATIVE IMPACT OF REDUCTION STRATEGIES 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 50,000 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Me t r i c T o n s C O 2 e Business as Usual (BAU)State Actions Local Actions BUSINESS-AS-USUAL SCENARIO State Actions 21% Local Actions 79% Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 20 STATE ACTIONS The Climate Action Plan incorporates State reduction strategies that have been approved, programmed, and/or adopted and will reduce local community emissions from 2020 levels. These programs require no additional local actions, although local actions may work to support these programs. State actions are quantified first and deducted from projected community emissions to provide a better picture of what still needs to be reduced at the local level to get to the overall reduction target. State actions, including regulations related to light and heavy-duty vehicles, renewable energy, and building energy codes, and their emissions reductions are shown in Table 5 and detailed in Appendix B: GHG Reduction Calculations. TABLE 5: ESTIMATED EMISSIONS REDUCTIONS IN TIBURON FROM STATE ACTIONS State Action 2030 Emissions Reductions MTCO2e Light and Heavy-Duty Vehicle Regulations 3,187 Renewable Portfolio Standard 533 Title 24 Building Energy Efficiency Standards 776 Total 4,496 LOCAL GREENHOUSE GAS EMISSIONS REDUCTION STRATEGIES The local strategies presented in the following sections, and as summarized in Table 6 and Figure 7 below, achieve GHG emissions reductions in the community of approximately 16,476 MTCO2e in 2030. TABLE 6: LOCAL EMISSIONS REDUCTION STRATEGIES Strategy GHG Reductions by 2030 (MTCO2e) Low Carbon Transportation 7,466 Renewable Energy & Electrification 2,746 Energy Efficiency & Green Building 1,209 Waste Reduction 1,830 Water Conservation 2 Sequestration 2,263 Community Engagement 960 Total 16,476 Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 21 FIGURE 7: SHARE OF EMISSIONS REDUCTION BY STRATEGY Each of the following sections provide a summary table of local measures and associated GHG reductions, followed by a description of the specific actions the Town will undertake to implement each measure. The methodologies and implementation targets used to calculate emissions reductions are described in Appendix B. Sometimes, there is no direct or reliable way to estimate GHG savings for a particular measure or the savings are embedded in another measure. In this case, the reason is noted below the table. SOCIAL EQUITY Climate change and equity are interconnected. Often, the communities who have contributed the least to global warming, including low-income communities, communities of color, indigenous peoples, and developing nations, suffer first and most from climate change. The Town of Tiburon acknowledges disadvantaged communities have existed and still exist in Marin County. One definition of social equity is the “just and fair inclusion into a society in which all can participate, prosper, and reach their full potential.”(1) Equity is the means to ensure equality for all. An example of how that might work with climate action measures is with energy efficiency. Giving rebates to homeowners to swap out natural gas appliances helps reduce to GHG emissions by switching to low carbon electricity. But if financial incentives are only available to those with means to purchase new appliances it leaves out a section of the community without means. Programs that acknowledge this disparity might offer bigger discounts to low-income households. Additionally, the Town acknowledges that appliance upgrades may not be a high priority for all residents. Part of the Town’s on-going work is to build and nurture relationships with diverse community groups so that they can share what are their priorities and the Town can attempt to integrate those priorities into its climate action efforts. Sustainability has been described as a three-legged stool, pointing to the need to address not just the environment and the economy, but social equity as well. It is important to consider and include our diverse community members and business interests in the development and implementation of the strategy measures in this plan. Tiburon’s Diversity Inclusion Task Force, which was established in 2020 as a standing committee of the Town Council, can play a key role in ensuring that equity is central in the development, implementation, and monitoring of this plan. Energy Efficiency 7% Low Carbon Transportation 45% Waste Reduction 11% Water Conservation <1% Renewable Energy & Electrification 17% Sequestration 14% Community Engagement 6% Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 22 LOW CARBON TRANSPORTATION 45% of potential reductions More than half of Tiburon’s emissions comes from transportation, and reducing these emissions is a top priority to meet our GHG emission reduction goals. Although improvements in fuel efficiency have reduced transportation emissions from passenger vehicles 16% since 2005, vehicle miles traveled by cars in Tiburon have increased 1% over the same period. Surveys show that alternative transportation rates have remained stagnant, despite improvements in the bicycle and pedestrian network and public information campaigns to encourage residents to carpool, bicycle, walk, and take transit. All of that is changing, however, with the increasing viability and availability of zero emission vehicles (ZEVs). This is especially true in Tiburon where the majority of electricity generation comes from clean, renewable sources. ZEVs include all-battery as well as plug-in electric hybrid vehicles. Marin County is a leader in ZEV adoption rates – second only to Santa Clara County – and ZEVs already comprise about 6% of registered passenger vehicles in Marin County. In Tiburon, ZEVs make up 10% of all registered vehicles. Our goal is it increase that rate to 45% by 2030 by building out the EV charging infrastructure and encouraging ZEV ownership through incentives, public education, and development requirements. This is an aggressive target, but one that complements the State’s goals to put 5 million ZEVs on the road by 2030 and to require all new passenger vehicles sold in California to be zero emission by 2035. Improvements in battery and charging technology, expected cost reductions, and automakers’ commitments to significantly expand ZEV offerings point to an all-electric future. Programs that incentivize used EV car purchases and installation of EV chargers in multifamily buildings can help ensure the benefits of EV ownership are shared by all. However, ZEVs cannot alone meet Tiburon’s transportation emission reductions goals; reducing congestion, enabling better biking and walking opportunities, and incentivizing public transit all carry co-benefits and can be enjoyed by all. What You Can Do •Drive an all-electric or plug-in hybrid vehicle. •Bike, walk, or take transit whenever possible. •Reduce the number of miles you drive by working from home when possible and consolidating vehicle trips. •Shut your car off when waiting in line at the ATM or in the school pick up/drop off lane. •Better yet, encourage your child to walk or bike to school. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 23 TABLE 7: LOW CARBON TRANSPORTATION STRATEGIES ID Strategy GHG Reduction by 2030 (MTCO2e) Share of Sector Emissions Reduction LCT-C1 Zero Emission Vehicles 6,340 85% LCT-C2 Bicycling and Micromobility 218 3% LCT-C3 Walking 13 <1% LCT-C4 Safe Routes to School 49 1% LCT-C5 Public Transit 68 1% LCT-C6 Employee Trip Reduction 11 <1% LCT-C7 Vehicle Idling - - LCT-C8 Smart Growth Development 326 4% LCT-C9 Zero Emission Landscape Equipment 372 5% LCT-M1 Zero Emission Town Vehicles 43 1% LCT-M2 Low Carbon Fuels 10 <1% LCT-M3 Town Employee Commute 6 <1% LCT-M4 Municipal Zero Emission Landscape Equipment and Small Off-Road Engines 9 <1% TOTAL 7,465 100% LOW CARBON TRANSPORTATION ACTIONS LCT-C1: Zero Emission Vehicles Take actions that will result in at least 45% of registered passenger vehicles in Tiburon and Marin County to be zero emission vehicles (ZEVs), including plug-in electric vehicles (EVs) and hydrogen fuel cell electric vehicles, by 2030. Actions include: 1. Support development of a countywide EV plan that can be adopted by all Marin jurisdictions that identifies strategies to accelerate EV adoption. The plan should identify the number and type of chargers needed in each jurisdiction to achieve a minimum 45% ZEV penetration target; potential locations for public, workplace, and multi-family charging; best practices for charging station siting, installation, and signage; and model code language and guides for permit streamlining and charging infrastructure requirements. 2. Work with PG&E, MCE, Transportation Authority of Marin, and other entities to identify and develop multifamily and workplace charging sites appropriate for available incentive programs. a. Conduct outreach to multifamily HOA associations and facilitate meetings with EV charging supply providers. b. Relax development standards to facilitate installation of EV chargers. c. Assist in applying for available grant funding and rebates. d. Contribute funding for grid infrastructure upgrades as needed. 3. Pursue opportunities to expand the Town’s EV charging network by identifying suitable Level 2 and Level 3 DC fast charging locations and considering innovative programs, such as streetlight and curbside charging to serve those who do not have access to home charging. a. Develop a private-public partnership and install Level 3 fast chargers at public locations, such as Blackie’s Pasture, sufficient to service near-term resident and visitor demand with expansion plans to service a projected Marin County population of 90,000 EVs in 2030. b. Assist in applying for available grant funding and rebates. c. Contribute funding for grid infrastructure upgrades as needed. 4. Encourage and facilitate new electric vehicle charging stations in existing public and commercial parking lots. installation of Level 3 fast chargers in the Downtown as commercial properties are redeveloped. a. Facilitate meetings with property owners, developers, and EV charging equipment providers as new development is proposed. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 24 b. Provide concessions on development standards as needed to facilitate installation of fast chargers. c. Allow EV fast charging spaces to count towards the parking requirement for residential and commercial uses. d. Allow advertising to be delivered at EV chargers. e. Assist in applying for available grant funding and rebates. f. Contribute funding for grid infrastructure upgrades as needed. g. Develop Level 3 fast chargers sufficient to service a projected Marin County population of 90,000 EVs by 2030. 5. Provide directional signage to public EV chargers on local streets and, as appropriate, from state highways. 6. Work with the Transportation Authority of Marin (TAM), MCE, the California Energy Commission (CEC) and other entities to provide technical assistance and incentives, such as rebates, for multi-family and workplace charging sites. 7. Participate in a countywide effort by MCE, Pacific Gas & Electric (PG&E), and others to provide rebates for new or used electric vehicles. 8. As the Town’s Green Building Ordinance is updated, require new and remodeled single-family, multi-family and commercial projects to install electrical service, add conduits and chargers, as appropriate, for potential electric vehicle use beyond state standards. a. Require all new multifamily development to provide one EV-ready parking space14 per unit and additional EV fast chargers that are accessible to the public. 9. Participate in regional efforts and grant programs to encourage widespread availability of EV charging stations. 10. Participate in and provide funding for programs to promote EV adoption, including "Drive an EV" events and other media and outreach campaigns. 11. Encourage or require, as practicable, ride hailing and delivery service companies to utilize zero emission vehicles. 12. Promote adoption of electric bicycles, scooters, and motorcycles. LCT-C2: Bicycling and Micromobility Encourage bicycling and micromobility as an alternative to vehicular travel. 1. Promote bicycling and micromobility, including electric bicycles, scooters, and skateboards, through outreach channels and partner agencies. 2. Require new, remodeled, and expanded commercial, mixed use, and multifamily development to provide secure parking for electric bicycles. 3. Provide secure electric bicycle parking at Town parks and buildings. 4. Encourage schools, the library, and shopping centers to provide secure electric bicycle parking. 5. Establish and maintain a system of bicycle facilities that are consistent with the Tiburon Bicycle and Pedestrian Master Plan and “complete streets” policies. 14 “EV ready” means that wiring and a receptacle are installed at the parking space, in addition to electrical service capacity, so that a resident may simply plug-in a Level 2 charger. Micromobility Micromobility refers to forms of transportation, human-powered or electric, that can occupy space alongside bicycles. It includes electric scooters and skateboards, docked and dockless shared bikes, and other forms of small, lightweight devices operating at speeds typically below 20 mph. Micromobility devices do not have an internal combustion engine. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 25 6. Implement the Tiburon Bicycle and Pedestrian Master Plan’s recommendations to support and expand bicycling. 7. Update the Tiburon Bicycle and Pedestrian Master Plan to support the use of e-bikes, electric scooters, and electric skateboards, including easily accessible charging stations for them. LCT-C3: Walking Encourage walking as an alternative to vehicle use. 1. Establish and maintain a system of pedestrian facilities that are consistent with the Tiburon Bicycle and Pedestrian Master Plan and “complete streets” policies. 2. Implement the Tiburon Bicycle and Pedestrian Master Plan’s recommendations to support and expand walking. LCT-C4: Safe Routes to School Continue to support the Safe Routes to School Program and strive to increase bicycling, walking, carpooling (especially in a ZEV), and taking public transit to school. 1. Work with TAM and other organizations to promote school and student participation. 2. Identify issues associated with unsafe bicycle and pedestrian facilities between neighborhoods and schools, apply for Safe Routes to School grants, and execute plans to improve pedestrian and bicycle facilities. LCT-C5: Public Transit Support and promote public transit by taking the following actions: 1. Work with Marin Transit and Golden Gate Transit to maximize ridership through expansion and/or improvement of transit and ferry routes, schedules, and services. 2. Support a “Yellow School Bus” program and student use of regular transit to reduce school traffic. 3. Encourage transit providers, including school buses, to use renewable diesel as a transition fuel and to purchase electric buses whenever replacing existing buses. LCT-C6: Employee Trip Reduction Reduce vehicle miles traveled commuting to work through the following actions: 1. Work with the TAM, the Metropolitan Transportation Commission, and the Bay Area Air Quality Management District (BAAQMD) to promote transportation demand programs to local employers, including rideshare matching programs, vanpool incentive programs, emergency ride home programs, telecommuting, transit use discounts and subsidies, showers and changing facilities, bicycle racks and lockers, and other incentives to use transportation other than single occupant vehicles. 2. Embark on a behavior change and educational campaign to encourage employees to reduce vehicle trips. 3. Work with TAM on promoting countywide transportation demand management programs to encourage trip reduction throughout the county. LCT-C7: Vehicle Idling Encourage drivers and autonomous vehicles to limit vehicle idling through public outreach and engagement campaigns. LCT-C8: Smart Growth Development Promote land use and development policies that prioritize infill housing and mixed-use development near commercial services and transit facilities. Achieve multifamily housing development on housing opportunity sites identified in the Town’s Housing Element 2023-2031 and apply existing inclusionary requirements for units affordable to lower-income households as applicable. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 26 LCT-C9: Zero Emission Landscape and Small Off-Road Equipment Adopt an ordinance to require the use Encourage the use of zero emission landscape and small off-road equipment instead of gasoline and diesel-powered equipment in all residential and commercial areas.15 Equipment includes leaf blowers and vacuums, hedge trimmers, edgers, brush cutters, chainsaws, lawn mowers, chain saws (under 45 cc), pressure washers, and portable generators. 1. Provide information on available rebates, such as the California Air Resources Board’s Clean Off-Road Equipment Voucher Incentive Project for small business and sole proprietary landscape professionals. 2. Consider offering an incentive for businesses to use zero emission landscape equipment such as a rebate on equipment purchases or discount on business license fees. 3. Explore building code modifications to support zero emission landscape equipment. LCT-M1: Zero Emission Town Vehicles Purchase or lease zero-emission vehicles for the Town fleet whenever feasible and when not, the most fuel-efficient models available. Strive to Achieve a 100% electric light duty vehicle fleet by 2030. LCT-M2: Low Carbon Fuels Use low-carbon fuel such as renewable diesel as a transition fuel in the Town’s fleet and encourage the Town’s service providers and joint powers agencies to do the same until vehicles are replaced with zero-emission vehicles. LCT-M3: Town Employee Commute Provide Town employees with incentives and/or reduce barriers to drive electric vehicles and use alternatives to single occupant auto commuting, such as discounted EV charging, transit and e-bike discounts and subsidies, secure bicycle facilities, showers and changing facilities, ridesharing services, vanpools, emergency ride home service, flexible schedules, and telecommuting when practicable. LCT-M4: Municipal Zero Emission Landscape Equipment and Small Off-Road Engines Replace all gas-powered leaf blowers, mowers, brush cutters, hedgers, saws, and other landscape equipment and small off-road engines, including generators and pressure washers, with zero emission equipment. 15 Gas-powered leaf blowers and trimmers are currently prohibited in residential areas. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 27 RENEWABLE ENERGY AND ELECTRIFICATION 17% of potential reductions Energy that comes from renewable sources, including solar, wind, geothermal, and small hydroelectric, are the cleanest and most-environmentally friendly energy sources. Here in Marin County, where there is an abundance of sunny days, solar energy is a particularly good energy source. According to data provided by Project Sunroof, 92% of buildings in Tiburon have roofs that are solar-viable. These 3,000 roofs could generate more than the total electricity used in Tiburon in 2020. Solar energy system costs keep falling, too, which make them an attractive option for home and commercial building owners. Our Climate Action Plan projects that we can get about 28% of our electricity from locally produced solar energy systems by 2030, up from about 9% in 2020, just by maintaining current growth and more if we accelerate our growth rate. When solar is not an option, due perhaps to a shady roof or a reluctant landlord, residents and business owners can purchase 100% renewable electricity from MCE and PG&E. MCE and PG&E electricity have a high percentage of renewable content, making it some of the cleanest electricity in the country. MCE’s Light Green electricity was 99% GHG free in 2020, while MCE’s Deep Green electricity comes from 100% renewable sources and is 100% GHG-free. The Town has been purchasing Deep Green electricity for governmental operations since 2017, and Deep Green currently supplies about 4% of the electricity load in Tiburon. Since our electricity is so clean, it’s a great idea – and a healthier alternative - to swap out appliances and heating and cooling systems that use natural gas for ones that use electricity. If you’re constructing a new home or building, or doing a major re-model, consider going all-electric. The County’s Electrify Marin program provides rebates to replace natural gas appliances with efficient electric units, including water heaters, furnaces, ranges, and cooktops. Eventually, we’ll need to replace the majority of natural gas appliance and equipment in existing buildings if we’re going to hit our long-term goals. Battery prices are falling and will soon be a cost-effective option, too. If you’re concerned about losing electric service during a Public Safety Power Shutoff event, solar energy combined with battery storage may be for you and is certainly a cleaner choice than generators running on natural gas or fuel. Fortunately, ongoing research and development of energy storage systems are creating new business opportunities and making an all-electric, 100% renewable future possible. Utilities will need to expand grid capacity, develop electricity storage, and ensure system reliability. What You Can Do •Switch to MCE Deep Green or PG&E Solar Choice 100% renewable electricity. •Install a solar energy system on your home or business and consider battery storage. •Replace appliances that use natural gas for ones that use electricity. •Investigate efficient heat pump technology so you can swap out water heaters and home heating systems that use natural gas when it’s time to replace them. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 28 TABLE 8: RENEWABLE ENERGY & ELECTRIFICATION STRATEGIES ID Strategy GHG Reduction by 2030 (MTCO2e) Share of Sector Emissions Reduction RE-C1 Renewable Energy Generation and Storage 318 12% RE-C2 GHG-Free Electricity 394 14% RE-C3 Building and Appliance Electrification 2,033 74% RE-C4 Innovative Technologies1 - - RE-M1 Municipal 100% Renewable Electricity2 - - TOTAL 2,746 100% 1 There is no emissions reduction because this is a supportive action. 2 There is no emissions reduction associated with the action because the Town was purchasing Deep Green electricity in 2020. RENEWABLE ENERGY & ELECTRIFICATION ACTIONS RE-C1: Renewable Energy Generation and Storage Accelerate installation of residential and commercial solar and other renewable energy systems and energy storage systems. 1. Provide permit streamlining and reduce or eliminate fees, as feasible. 2. Update building codes, development codes, design guidelines, and zoning ordinances, as necessary, to facilitate small and medium-scale solar installations. 3. Encourage installation of solar panels over parking areas on commercial projects, public buildings such as schools and the Tiburon Library, and large-scale residential developments through ordinance, development review, and/or agency incentives. 4. Identify and promote financing and loan programs for residential and non-residential projects. 5. Encourage installation of battery storage in conjunction with renewable energy generation projects through outreach and partner agency incentives. 6. Encourage the use of non-fossil fuel generators now and adopt an ordinance phasing out the acquisition and use of fossil-fuel generators. 7. Collaborate with the County, Marin jurisdictions, agencies, and organizations, as appropriate, to study opportunities and specific action steps for expansion of rooftop solar and battery storage. RE-C2: GHG-Free Electricity Encourage residents and businesses to switch to 100% renewable electricity (MCE Deep Green, MCE Local Sol, and PG&E Solar Choice) through engagement campaigns and partner agency incentives and work with MCE Clean Energy to assure that it reaches its goal to provide electricity that is 95% GHG-free by 2022. Target 15% of the electricity load to be Deep Green in 2030. RE-C3: Building and Appliance Electrification Accelerate electrification of building systems and appliances that currently use natural gas, including heating systems, hot water heaters, stoves, ranges, and clothes dryers. 1. Explore opportunities to continue existing rebate programs, such as Electrify Marin and BayREN, and promote them to the community by illustrating the financial and health benefits of electrification. 2. Study alternatives and draft regulations for Council consideration that requires homeowners and landlords to replace natural gas appliances, such as water heaters, stoves, cooktops, clothes dryers, and heating systems with high-efficiency electric appliances at time of replacement where Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 29 feasible. Educate the public about the health hazards of owning and operating natural gas appliances and available incentives and rebates to replace them. 3. Prohibit the use of natural gas end uses in new residential buildings in the Town’s green building ordinance that aligns with the 2022 California Building Standards code update. Extend the same prohibition to new nonresidential buildings in the 2025 code cycle, if not earlier. 4. Collaborate with the County’s work to update the Green Building Code and develop a model ordinance that all Marin jurisdictions can utilize in establishing requirements for new residential, multi-family, and commercial buildings and remodels and renovations be all-electric, thereby creating consistency across all jurisdictions. RE-C4: Innovative Technologies Investigate and pursue innovative technologies such as micro-grids, battery storage, and demand-response programs that will improve local resilience and the electric grid’s resiliency and help to balance demand and renewable energy production in cooperation with local and regional partners such as MCE and PG&E, as feasible. 1. Build upon best practices identified by Drawdown Marin/Marin CAN, such as the Marin microgrid project at the Fairfax Pavilion. Develop a study on opportunities to create solar-powered resilience microgrids with battery storage for community use that would remain powered during an electric grid outage. RE-M1: Municipal 100% Renewable Electricity 1. Install solar energy systems at all municipal buildings and facilities where feasible and investigate and pursue innovative technologies such as battery storage and demand response programs for them. 2. Where feasible, replace natural gas appliances/equipment with electric and electrify all Town buildings and facilities, where feasible. 3. Continue to purchase 100% renewable energy for Town buildings, facilities, and vehicles through programs such as MCE Deep Green. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 30 ENERGY EFFICIENCY AND GREEN BUILDING 7% of potential reductions Increasing the efficiency of buildings is often the most cost-effective approach for reducing GHG emissions. Energy efficiency upgrades, such as adding insulation and sealing leaks in heating ducts, have demonstrated energy savings of up to 20%, while more aggressive “whole house” retrofits can result in even greater energy savings. Many of these improvements can be made inexpensively and without remodeling yet can be extremely cost-efficient, such as swapping out incandescent bulbs to LED bulbs, sealing air leaks, and installing a programmable thermostat. Energy Star-certified appliances and office equipment, high-efficiency heating and air conditioning systems, and high- efficiency windows not only save energy but reduce operating costs in the long run. Rebates, financing, and tax incentives are often available for residents and businesses to help defray the cost of upgrades. The Tiburon community has been doing a good job reducing energy use. Since 2005, electricity consumption has declined an average of 0.6% per year and natural gas consumption has declined about 0.7% each year. There are opportunities to continue to work with the utilities and other partners to promote energy efficiency and electrification programs and continue to reduce energy use. New construction techniques and building materials, known collectively as “green building,” can significantly reduce the use of resources and energy in homes and commercial buildings. Green construction methods can be integrated into buildings at any stage, from design and construction to renovation and deconstruction. The State of California requires green building and energy-efficiency through the Title 24 building codes. The State updates these codes approximately every three years, with increasing energy efficiency requirements since 2001. The State’s long- term energy efficiency goals are to have all new construction to be zero net electricity. Local governments can accelerate this target by adopting energy efficiency standards for new construction and remodels that exceed existing State mandates, and by providing incentives, technical assistance, and streamlined permit processes to enable quicker adoption. What You Can Do •Replace indoor and outdoor lights with LED bulbs and turn them off when not in use. •Have an energy assessment done for your home or business. •Upgrade insulation, seal leaks, and install a programmable thermostat. •Purchase Energy Star appliances and equipment. •Unplug electronic appliances when not in use and set the thermostat to use less heat and air conditioning. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 31 TABLE 9: ENERGY EFFICIENCY AND GREEN BUILDING STRATEGIES ID Strategy GHG Reduction by 2030 (MTCO2e) Share of Sector Emissions Reduction EE-C1 Energy Efficiency Programs 1,166 96% EE-C2 Energy Audits 40 3% EE-C3 Cool Pavement and Roofs - - EE-C4 Green Building Reach Code - - EE-C5 Streamline Permit Process and Provide Technical Assistance - - EE-C6 Sustainable Building Materials - - EE-M1 Public Lighting1 - - EE-M2 Energy Efficiency Audit and Retrofits in Town Buildings 2 <1% EE-M3 Energy Conservation in Town Buildings 1 <1% TOTAL 1,209 100% 1 There is no emissions reduction associated with this action because the Town was purchasing GHG-free electricity in 2020. ENERGY EFFICIENCY AND GREEN BUILDING ACTIONS EE-C1: Energy Efficiency Programs Promote and expand participation in residential and commercial energy efficiency programs. 1. Work with organizations and agencies such as the Marin Energy Watch Partnership, the Bay Area Regional Network (BayREN), MCE, Resilient Neighborhoods, and the Marin Climate & Energy Partnership to promote and implement energy efficiency programs and actions. 2. Promote programs and incentives to reduce electricity demand during peak periods, such as OhmConnect, and shift demand to times when renewable energy is being produced. 3. Continue and expand participation in energy efficiency programs as they become available. 4. Promote utility, state, and federal rebate and incentive programs. 5. Participate and promote financing and loan programs for residential and non-residential projects such as Property Assessed Clean Energy (PACE) programs, BayREN financing programs, PG&E on-bill repayment, and California Hub for Energy Efficiency Financing (CHEEF) programs. EE-C2: Energy Audits Investigate requiring energy audits for residential and commercial buildings at time of sale or major remodel. Requirements could include identification of electrification and energy efficiency opportunities and supporting programs could connect building owners to potential rebates and financing options. EE-C3: Cool Pavement and Roofs Use reflective, high albedo material for roadways, parking lots, sidewalks, and cool roofs to reduce the urban heat island effect and save energy. 1. Evaluate the use of high albedo pavements when resurfacing Town streets and re-roofing Town facilities. 2. Adopt mandatory building code measures to require new development to use high albedo material for driveways, parking lots, walkways, and patios, and cool roofing. 3. Maintain and expand the use of urban tree cover for street-level temperature reduction. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 32 EE-C4 Green Building Reach Code 1. Adopt a green building ordinance for new and remodeled commercial and residential projects that requires green building methods, materials, and efficiency above the State building and energy codes. 2. Consider adoption of low embodied-carbon concrete standards similar to those adopted by the County. EE-C5 Streamline Permit Process and Provide Technical Assistance Analyze current green building permit and inspection process to eliminate barriers and provide technical assistance to ensure successful implementation of green building requirements. Work countywide to make it easier for contractors and building counter staff to simplify applications and identify incentives. EE-C6 Sustainable Building Materials Study alternatives and draft regulations that require use of Forest Stewardship Council certified material in new constructions, major remodels, and outdoor use and that prohibit use of non-certified old-growth and other materials. EE-M1: Public Lighting Replace remaining inefficient street, parking lot, and other outdoor lighting with LED fixtures. EE-M2: Energy Efficiency Audit and Retrofits in Town Buildings and Facilities Work with the Marin Energy Management Team to identify and implement energy efficiency projects in municipal buildings and facilities and electrification of existing building systems and equipment that use natural gas. EE-M3: Energy Conservation in Town Buildings Reduce energy consumption through behavioral and operational changes. 1. Establish energy efficiency protocols for building custodial and cleaning services and other employees, including efficient use of facilities, such as turning off lights and computers, thermostat use, etc. 2. Incorporate energy management software, electricity monitors, or other methods to monitor energy use in municipal buildings, where feasible. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 33 WASTE REDUCTION 11% of potential reductions Consumption and disposal of goods generates significant GHG emissions during manufacturing, transport, distribution, and disposal. The best way to reduce emissions is to purchase and consume less in the first place, and then find someone who can reuse whatever you no longer need before considering recycling or disposal. Due to the way the Town accounts for community emissions, the Town’s Climate Action Plan does not take credit for reducing upstream emissions. Instead, our GHG accounting is directly concerned with emissions that are created from the anaerobic decomposition of organic waste in the landfill. The decomposition process creates methane, which is 28 times more potent as a GHG than carbon dioxide. Although landfills capture most of the methane, and some use that methane to create biogas or electricity, about one-quarter of it escapes into the atmosphere. Diverting organic material from the landfill is a clear and viable option for reducing these emissions. Paper and cardboard can be recycled. Food scraps, some paper (like napkins and paper towels), and yard waste can be composted, either at home or at the landfill. Surplus food can be donated to non-profits that distribute it to those in need. The measures below are designed to maximize diversion of organic waste from the landfill by 2030, starting with encouraging residents and businesses to recycle and compost organic waste. To meet our diversion target, the Town has adopted an ordinance that mandates recycling and will be enforcing penalties if diversion targets are not met. As a last resort, the Town will consider setting trash collection fees that enable its waste hauler to invest in machinery that can sort trash and recover all compostable and recyclable materials before they are sent to the landfill. These local measures also support state legislation to significantly reduce emissions from organic waste disposal. Senate Bill (SB) 1383 establishes targets to achieve a 75% reduction in statewide for waste disposal from the 2014 level by 2025. The law also establishes a target that not less than 20% of currently disposed edible food is recovered for human consumption by 2025. In 2022, CalRecycle may begin to issue penalties for non-compliance. On January 1, 2024, the regulations may require local jurisdictions to impose penalties for non-compliance on regulated entities subject to their authority. What You Can Do •Buy only as much as you need. •Buy locally grown food and eat less meat. •Put your food scraps in the green can and/or compost them at home. •Donate extra food and used clothing and housewares. •Don’t be a “wishful” recycler. Be scrupulous about how you sort your recyclables. Check the Recycle Right Guide for tips. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 34 TABLE 10: WASTE REDUCTION STRATEGIES ID Strategy GHG Reduction by 2030 (MTCO2e) Share of Sector Emissions Reduction WR-C1 Commercial Organic Waste 151 8% WR-C2 Residential Organic Waste 508 28% WR-C3 Construction & Demolition and Self-Haul Waste 59 3% WR-C4 Mandatory Waste Diversion 556 30% WR-C5 Waste Processing Franchise Agreement and Infrastructure 532 29% WR-C6 Extended Producer Responsibililty1 - - WR-C7 Inorganic Waste1 - - WR-M1 Waste from Town Operations 24 1% TOTAL 1,830 100% 1 There is no emissions reduction associated with this action because it is a supportive action. WASTE REDUCTION ACTIONS WR-C1: Commercial Organic Waste Work with Zero Waste Marin, the Town’s waste hauler, and nonprofits such as Extra Food to divert commercial organic waste from the landfill through recycling, composting, and participation in waste-to-energy and food recovery programs. 1. Conduct outreach and education to businesses subject to State organic waste recycling mandates (AB 1826 and SB 1383) and encourage or enforce compliance with the law. 2. Refer new and major remodel commercial and multi-family residential project proposals to the Town’s waste hauler for review and comment and require projects to provide adequate waste and recycling facilities and access as feasible. 3. Encourage and facilitate commercial and multi-family property owners to require responsible use of on-site recycling facilities in lease and rental agreements and to train and regularly evaluate janitorial, landscape, and other property management services. 4. Assess capacity of existing food recovery programs, expand existing food recovery infrastructure if needed, monitor commercial generators for compliance, and conduct education and outreach. WR-C2: Residential Organic Waste Work with Zero Waste Marin, the Town’s waste hauler, and other organizations to educate and motivate residents to utilize curbside collection services and home composting for food waste. WR-C3: Construction & Demolition Debris and Self-Haul Waste 1. Require all loads of construction & demolition debris and self-haul waste to be processed for recovery of materials as feasible. 2. Investigate creation of an ordinance requiring deconstruction of buildings proposed for demolition or remodeling when materials of significant historical, cultural, aesthetic, functional or reuse value can be salvaged. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 35 WR-C4: Mandatory Waste Diversion Adopt an ordinance requiring all commercial and residential accounts to subscribe to and fully participate in waste diversion activities, including recycling and organics collection provided by the Town’s waste hauler. Consider including phased implementation of the ordinance, penalties, and practical enforcement mechanisms. WR-C5: Waste Processing Franchise Agreement and Infrastructure 1. Review and revise the Town’s franchise agreement with its waste hauler to ensure adequate recycling and composting capacity is available and waste reduction and diversion targets are met. 2. Ensure organic waste collection service (including green waste, food waste, fibers, and manure) that complies with SB 1383 regulations is provided to all residents and businesses. 3. Conduct a feasibility study (including cost estimates and estimated GHG reduction metrics) and consider investing in new solid waste processing infrastructure to remove recoverable materials (recycling and organics) from the waste stream and reduce contamination. 4. Require regular residential and commercial waste audits and waste characterization studies to identify opportunities for increased diversion and to track progress in meeting targets. WR-C6: Extended Producer Responsibility 1. Encourage the State to regulate the production and packaging of consumer goods and take-back programs. 2. Encourage on-demand product and food delivery services to reduce packaging waste and investigate requirements and incentives for same through ordinance or engagement campaigns. WR-C7: Inorganic Waste Promote reuse, repair, and recycling of inorganic materials, and encourage reduced use of packaging and single use items through engagement campaigns. WR-M1: Waste from Town Operations Increase opportunities to reduce waste at Town facilities. 1. Embark on an educational and social marketing-based campaign to increase recycling, composting, reuse, and waste reduction at Town facilities. 2. Conduct periodic waste audits of Town facilities to understand where opportunities for increased diversion lie and to track progress. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 36 WATER CONSERVATION >1% of potential emissions Marin is no stranger to periodic droughts and the need to conserve water, and the community has responded by reducing per capita water use by about 23%, from 144 gallons per capita per day (gpcd) in 2005 to 111 gpcd in 2018. In addition to installing low-flow fixtures (showerheads, faucets, and toilets) and water-efficient appliances (clothes washers and dishwashers), residents and businesses are planting native, drought-tolerant species and even replacing lawns with attractive, low-water use gardens. Good thing, because as temperatures continue to rise, we will experience more droughts and more intense heat waves than before. Tiburon’s Greenhouse Gas Inventory counts emissions that are generated from the energy used to pump, treat, and convey water from the water source to water users in Tiburon. Far more emissions are created from the energy that is used to heat water, but those emissions are counted in the residential and commercial energy sectors. Therefore, the water sector comprises a much smaller share of community emissions than one might expect. Water agencies that supply the Town’s water are committed to using 100% renewable energy in their operations. Marin Municipal Water District (MMWD) began purchasing Deep Green electricity from MCE in 2017, and Sonoma County Water Agency, which provides 20-25% of MMWD’s water started purchasing 100% renewable electricity in 2015. As a result, although we are targeting a 1% reduction in water consumption each year through 2030, emissions reductions are relatively small. TABLE 11: WATER CONSERVATION STRATEGIES ID Strategy GHG Reduction by 2030 (MTCO2e) Share of Sector Emissions Reduction WC-C1 Community Water Use 2 100% WC-M1 Municipal Water Use Included in above Included in above WATER CONSERVATION ACTIONS WC-1: Water Conservation Reduce indoor and outdoor water use in residential and commercial buildings and landscaping. What You Can Do •Replace your lawn with a drought-tolerant garden. •Install a drip irrigation system, program it to run early in the morning, and check it regularly for leaks. •Install low water flow faucets, showerheads, and toilets. •Buy water-efficient dishwashers and clothes washers when it’s time to replace them. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 37 1. Work with the water district and other organizations to promote water conservation programs and incentives. 2. Educate residents and businesses about local and State laws requiring retrofit of non-compliant plumbing fixtures during remodeling and at resale. 3. Ensure all projects requiring building permits, plan check, or design review comply with State and water district regulations. 4. Encourage the installation of greywater and rainwater collection systems and the use of recycled water where available through ordinance and/or engagement campaigns. WC-2: Municipal Water Use Reduce indoor and outdoor water use in municipal facilities and operations. 1. Replace high water use plants and inefficient irrigation systems with water-efficient landscaping. 2. Replace inefficient plumbing fixtures with high-efficiency fixtures. 3. Use recycled water as available and practicable for parks and outdoor landscaping. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 38 SEQUESTRATION 14% of potential emissions Carbon sequestration is the process of capturing and storing atmospheric carbon dioxide in natural sinks such as forests, grasslands, and soil. The natural environment has been extensively altered by human civilization, often with little consideration for how natural systems function, depriving us of the important benefits they offer. Clearing and draining of wetlands, forestlands, grasslands and other open space for agricultural production or urban development decreases or eliminates the capacity of those natural systems to store carbon. The carbon dioxide stored in soil, trees and other vegetation is released into the atmosphere when forestland and open space is converted to other uses. Restoration of these natural areas, and establishment of new ones, has the potential to sequester greenhouse gas emissions. The Town of Tiburon supports California and County directives and statutes to capture or drawdown carbon emissions from the atmosphere from natural solutions including more and appropriate tree planting, climate-smart habitat restoration, and healthy soils initiatives. In addition to naturally pulling and storing greenhouse gasses from the atmosphere, this strategy increases the health of our local ecosystems and helps protect the vital services they provide including clean air and water, pollination, enhanced biodiversity, flood control, and increased resilience to growing climate extremes. Many carbon-reducing actions available to the Town currently are associated with responsible tree planting and management on public and private land. Increasing tree cover improves air quality and natural cooling. To encourage ecosystem health and a reduction of fuel load, the Town could facilitate active forest management (including invasive species removal) in our open spaces. Another potential for carbon drawdown may be found in aquatic environments, such as tidal wetlands and bays. The Town could work with the County to understand this opportunity and help shape management decisions for ecosystem health, climate adaptation, and carbon sequestration, especially as the County develops sea level rise mitigation projects such as wetland restoration. This section contains measures to sequester carbon dioxide through planting and preservation of native, non-invasive trees and other vegetation and the development of carbon-rich soils. High quality carbon offsets can be used to fund these types of carbon sequestration projects and purchased to offset emissions that are difficult to otherwise mitigate, such as airplane flights. To meet the Town’s target to reduce emissions 50% below 1990 levels by 2030, the Town will consider purchasing carbon offsets beginning in 2030, preferably from a program that sequesters carbon locally. What You Can Do #1 Plant trees appropriate to your situation. #2 Add compost to your soil. #3 Purchase carbon offsets for airplane flights and other emissions that are difficult to mitigate. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 39 TABLE 12: SEQUESTRATION MEASURES ID Strategy GHG Reduction by 2030 (MTCO2e) Share of Sector Emissions Reduction S-C1 Urban Forest n/a - S-C2 Carbon Sequestration n/a - S-C3 Carbon Offsets 2,264 100% S-C4 Building Materials n/a - TOTAL 2,264 100% S-C1: Urban Forest Increase carbon sequestration and improve air quality and natural cooling through expansion and enhancement of green spaces and increasing appropriate (e.g., native, drought-resistant, fire resilient) tree cover, other vegetation, and healthy soils in Tiburon. 1. Plant and maintain additional trees on Town-owned land, including public parks, open space, medians, and rights of way, where feasible. 2. Review parking lot landscape standards to maximize tree cover, size, growth, and sequestration potential. 3. Regulate and minimize removal of large (heritage) trees and require planting of replacement trees and or sufficient fees to support mitigation planting in Tiburon’s parks and open spaces. Consider potential loss of carbon sequestration when removing trees and establishing tree replacement ratios. 4. Require that the site planning, construction, and maintenance of new development preserve existing healthy trees and native vegetation on site to the maximum extent feasible. Replace trees and vegetation not able to be saved with native/appropriate species. 5. Encourage community members to plant native/appropriate trees on private land. Consider creating a tree giveaway program or providing lower-cost trees to the public through a bulk purchasing program. 6. Encourage the creation of no-till community gardens and healthy soil management on public lands by community groups and on private lands by individual households. 7. Provide information to the public, including landscape companies, gardeners, and nurseries, on carbon sequestration rates, drought tolerance, and fire resistance of different tree and vegetation species, as well as healthy soil management. 8. Collaborate with fire agencies, including Marin County Open Space District, Marin Municipal Water District, and private property owners, to manage fire-prone trees and invasive species in the open space for forest health, water cycling, soil organic matter, and reduction of fuel load. 9. Require new development, redevelopment, and infrastructure projects to implement best management practices as feasible, including low-impact development techniques, the minimal use of non-pervious surfaces in landscape design, and the integration of natural features into the project design, to naturally filter and biodegrade contaminants and to minimize surface runoff into drainage systems and creeks. S-C2: Carbon Sequestration Increase carbon sequestration in developed landscapes and open/natural areas. 1. Encourage and support composting to develop healthy, carbon-rich soils. 2. Manage parks and open spaces to steadily increase carbon in vegetation and soil. 3. Manage trees and invasive species in the open space for forest health, water cycling, and organic soil matter, as well as reduction of fuel load. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 40 4. Work with the County to explore opportunities for carbon drawdown in aquatic environments, such as tidal wetlands, gullies, and bay. S-C3: Carbon Offsets Reduce the impact of greenhouse gas emissions through the purchase of high quality, well-vetted and verifiable carbon offsets. 1. Identify and partner with local non-profit organizations and/or businesses that actively sequester carbon in their activities (e.g., climate-smart habitat restoration or regenerative agriculture like the Marin Carbon Project) to promote a carbon offset program. 2. To close any gap that remains between actual emissions and the reduction target, the Town will consider purchasing carbon offsets in 2030, and annually thereafter, to achieve a 50% reduction below 1990 levels in communitywide emissions. Offsets should be purchased from a local program that sequesters carbon in Marin County, if available. 3. Encourage community members to purchase high quality carbon offsets that have been vetted and can be verified by credible authorities or organizations to reduce their carbon footprint through engagement campaigns. 3. Consider partnering with a local non-profit organization to promote an effective and reliable carbon offset program. 4. Focus on offsetting emissions that are difficult to mitigate otherwise, such as airplane travel. S-C4: Building Materials Decrease GHG emissions associated with building materials and increase the use of building materials with the highest potential for carbon storage. 1. Encourage use of sustainable, climate-friendly building materials that store more carbon dioxide than is released in their production, through agency partnerships and engagement campaigns. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 41 COMMUNITY ENGAGEMENT 6% of potential emissions The Climate Action Plan contains actions that the Town will undertake to reduce community emissions. While the Town can compel some action by adopting ordinances and building regulations, much of the success of the plan will depend on informing community members and encouraging them to take action on their own. The vast majority of Tiburon’s GHG emissions come from the community’s activity, and our residents, businesses, workers, and visitors will have to do their part to ensure we meet our reduction targets and conserve the ecosystem services that sustain life. This section details the ways in which the Town will seek public engagement and work with local businesses and community groups to achieve the emissions reductions identified for actions in other sections of the plan. The Town has been partnering with Resilient Neighborhoods to educate and empower residents to reduce their carbon footprints. The program consists of a free 5-session covers a range of action including consumption, support of local business, diet, water, waste, home energy, transportation including air travel, and being prepared to adapt to a changing climate. To start, participants calculate their household carbon footprint and then take actions to reduce their GHG emissions by at least 5,000 pounds or 25% while also earning Resilience Points for actions like being prepared for wildfires. More than 750 Marin County households have participated in the program as of 2020, with 13 from Tiburon. The Town plans to increase participation to 25 households per year through aggressive outreach and direct funding. TABLE 13: COMMUNITY ENGAGEMENT STRATEGIES ID Strategy GHG Reduction by 2030 (MTCO2e) Share of Sector Emissions Reduction CE-C1 Community Education 960 100% CE-C2 Community Outreach n/a - CE-C3 Advocacy n/a - CE-C4 Green Businesses n/a - CE-C5 Innovation and Economic Development n/a - What You Can Do •Sign up for Resilient Neighborhoods and join a Climate Action Team. •Calculate and commit to reducing your carbon footprint by taking the actions identified in this Plan. •Get your business certified as a Green Business with the Marin Green Business Program. Chapter 3: Strategies to Reduce Greenhouse Gas Emissions | 42 COMMUNITY ENGAGEMENT ACTIONS CE-C1: Community Education Work with community-based organizations, such as Resilient Neighborhoods, to educate and motivate community members to start or continue to reduce GHG emissions in their homes, businesses, transportation mode choices, and other activities, and increase community resilience through community-building activities. 1. Beginning in Fiscal Year 2023-2024, provide annual funding to Resilient Neighborhoods (RN) to graduate 25 Tiburon households each year over existing levels. 2. Utilize the Town’s website, newsletter, social media channels, and counter handouts to publicize the RN program. 3. Partner with the Ranch to offer and promote the RN program as part of their community class offerings. 4. Request the library, schools, and homeowners’ associations to distribute RN program flyers. 5. Engage local community groups to sign up households for the RN program. CE-C2: Community Outreach Implement a communitywide public outreach and behavior change campaign to engage residents, businesses, and consumers around the impacts of climate change and the ways individuals and organizations can reduce their GHG emissions and create a more sustainable, resilient, and healthier community. Emphasize and encourage citizens' involvement in reaching the community's climate goals, including innovative means of tracking milestones and comparing Tiburon's performance with other communities and with state, national, and global benchmarks. 1. Conduct outreach to a wide variety of neighborhood, business, educational, faith, service, and social organizations. 2. Inform the public about the benefits of installing energy and water efficient appliances and fixtures, electrifying homes and commercial buildings, installing solar energy systems, and purchasing 100% renewable electricity. 3. Inform the public about the benefits of using carbon-free and low-carbon transportation modes, such as driving electric vehicles, walking, bicycling, taking public transportation, and ridesharing. 4. Partner with MCE, PG&E, MMWD, Mill Valley Refuse, Transportation Authority of Marin, Marin Transit, Golden Gate Transit, and other entities to promote available financing, audits, rebates, incentives, and services to the Tiburon community. 5. Utilize the Town's website, newsletter, recognition programs, and other forms of public outreach. 6. Participate in countywide outreach and education efforts, such as Drawdown Marin. CE-C3: Advocacy Advocate at the regional, state and federal levels for policies and actions that support the rapid transition to GHG- free energy sources, electrification of buildings and the transportation fleet, and other impactful measures to sharply reduce greenhouse gas emissions. CE-C4: Green Businesses Encourage local businesses to participate in the Marin County Green Business Program. CE-C5: Innovation and Economic Development Participate in local economic development and innovation working groups to explore public-private partnerships and to develop ways to decarbonize the local economy while spurring sustainable enterprise and equitable employment. Chapter 4: Implementation and Monitoring | 43 CHAPTER 4: IMPLEMENTATION AND MONITORING Plans are only effective if they are implemented and results are carefully evaluated. The Town will prepare and report to the public an annual assessment of the progress it is making on implementing the actions contained in this Climate Action Plan and continue to quantify community and government operations GHG emissions to determine if we are on track to meet our reduction targets. TABLE 14: IMPLEMENTATION AND MONITORING STRATEGIES ID Strategy IM-C1 Annual Monitoring IM-C2 Update GHG Emissions Inventories IM-C3 Funding Sources IM-C4 Update the Climate Action Plan IM-C5 Project Compliance Checklist IM-C6 Sustainability Coordinator IM-C1: Annual Monitoring Monitor and report on the Town’s progress annually. Create an annual priorities list for implementation using the Implementation Table in Appendix B. IM-C2: Update GHG Emissions Inventory Update the GHG emissions inventory for community emissions annually. IM-C3: Funding Sources Identify funding sources for recommended actions and pursue local, regional, state, and federal grants as appropriate. Investigate creation of a local carbon fund or other permanent source of revenue to implement the Climate Action Plan. IM-C4: Update the Climate Action Plan Update the Climate Action Plan regularly to incorporate new long-term reduction targets and strategies to meet those targets. IM-C5: Project Compliance Checklist Develop a project compliance checklist to used when reviewing development proposals, use permit applications, and building permits to ensure compliance with Climate Action Plan measures. IM-C6: Sustainability Coordinator Consider creating a part-time or shared full-time Sustainability Coordinator position or contracting with a consultant to implement the CAP. List of Abbreviations | 44 LIST OF ABBREVIATIONS AB Assembly Bill ABAG Association of Bay Area Governments BAAQMD Bay Area Air Quality Management District BAU business-as-usual BCDC San Francisco Bay Conservation and Development Commission CALGreen California Green Building Standards CAP Climate Action Plan CARB California Air Resources Board CEC California Energy Commission CEQA California Environmental Quality Act CO2 carbon dioxide CO2e carbon dioxide equivalent EIR environmental impact report EO Executive Order EV electric vehicle GHG greenhouse gas kW kilowatt kWh kilowatt hour IPCC International Panel on Climate Change LED Light-emitting diode MCE MCE Clean Energy MMWD Marin Municipal Water District MMTCO2e Million metric tons of carbon dioxide equivalent MTC Metropolitan Transportation Commission MTCO2e metric tons of carbon dioxide equivalent PG&E Pacific Gas and Electric RCP representative concentration pathway RPS Renewables Portfolio Standard SB Senate Bill TDM transportation demand management VMT vehicle miles traveled ZEV zero emission vehicle Works and Sources Cited | 45 WORKS AND SOURCES CITED Association of Bay Area Governments and Metropolitan Transportation Commission. (April 2013.) Draft Plan Bay Area Draft Environmental Impact Report. Association of Bay Area Governments and Metropolitan Transportation Commission. (2018.) Plan Bay Area Projections 2040. Retrieved from http://projections.planbayarea.org/. Bedsworth, Louise, Dan Cayan, Guido Franco, Leah Fisher and Sonya Ziaja. (California Governor’s Office of Planning and Research, Scripps Institution of Oceanography, California Energy Commission and California Public Utilities Commission). Statewide Summary Report. California’s Fourth Climate Change Assessment. (2018). Publication number: SUMCCCA4-2018-013. https://www.energy.ca.gov/sites/default/files/2019-11/Statewide_Reports-SUM- CCCA4-2018-013_Statewide_Summary_Report_ADA.pdf. C40 Cities. Consumption-Based GHG Emissions of the C40 Cities. Retrieved from https://www.c40.org/researches/consumption-based-emissions California Air Resources Board. (2017). California’s 2017 Climate Change Scoping Plan. Retrieved from https://www.arb.ca.gov/cc/scopingplan/scoping_plan_2017.pdf. California Department of Finance. Report E-5 Population and Housing Estimates for Cities, Counties and the State, January 1, 2011-2020, with 2010 Benchmark. California Department of Finance. (2019). Report P-1 Total Estimated and Projected Population for California and Counties: July 1, 2010 to July 1, 2060 in 1-year increments. http://www.dof.ca.gov/Forecasting/Demographics/Projections/ California Department of Forestry and Fire Protection. “Stats and Events.” https://www.fire.ca.gov/stats-events/. CARI 2016. California Aquatic Resources Inventory v0.2. San Francisco Estuary Institute. https://www.sfei.org/cari CDFA COMET-Planner 2020. Carbon and greenhouse gas evaluation for NRCS conservation practice planning. USDA NRCS, Colorado State University, California Air Resources Board, and California Department of Food and Agriculture. http://comet-planner-cdfahsp.com/ Census Transportation Planning Products. http://data5.ctpp.transportation.org/ctpp1216/Browse/browsetables.aspx COMET-Farm 2020. Whole farm and ranch carbon and greenhouse gas accounting system. USDA NRCS and Colorado State University. https://comet-farm.com/ Cool Climate Network. Consumption-Based Greenhouse Gas Inventories. Retrieved from https://coolclimate.org/inventory. . Works and Sources Cited | 46 ICLEI-Local Governments for Sustainability USA. (July 2019). U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions. Version 1.2. Intergovernmental Panel on Climate Change. (2014). Fifth Assessment Report. Jones, Christopher and Daniel Kammen. (December 15, 2015). A Consumption-Based Greenhouse Gas Inventory of San Francisco Bay Area Neighborhoods, Cities and Counties: Prioritizing Climate Action for Different Locations National Aeronautics and Space Administration. (January 15, 2020). “NASA, NOAA Analyses Reveal 2019 Second Warmest Year on Record.” Retrieved from https://www.giss.nasa.gov/research/news/20200115/. PolicyLink. “The Equity Manifesto.” Retrieved from https://www.policylink.org/resources-tools/equity- manifesto#:~:text=Equity%20Is...,%C2%A9%202020%20PolicyLink.U.S. Census Bureau. https://data.census.gov/cedsci/ U.S. Census Bureau. https://data.census.gov/cedsci/ U.S Environmental Protection Agency. (2020). Inventory of U.S. Greenhouse Gas Emissions and Sinks. EPA 430-R- 20-002. USGS 2005. California Geological Survey. United States Geological Survey. http://pubs.usgs.gov/of/2005/1305 Appendix A: GHG Reduction Calculations, A-1 APPENDIX A: GHG REDUCTION CALCULATIONS Measure 2030 GHG Emissions Reductions (MTCO2e/yr) Local Actions LCT-C1 Zero Emission Vehicles -6,340 LCT-C2 Bicycling and Micromobility -218 LCT-C3 Walking -13 LCT-C4 Safe Routes to School -49 LCT-C5 Public Transit -68 LCT-C6 Employee Trip Reduction -11 LCT-C8 Smart Growth Development -327 LCT-C9 Zero Emission Landscape Equipment -372 LCT-M1 Zero Emission Town Vehicles -43 LCT-M2 Low Carbon Fuels -10 LCT-M3 Town Employee Commute -6 LCT-M4 Municipal Zero Emission Landscape Equipment and SORE -9 EE-C1 Energy Efficiency Programs -1,166 EE-C2 Energy Audits -40 EE-M1 Public Lighting n/a EE-M2 Energy Efficiency Audit and Retrofits -2 EE-M3 Energy Conservation -1 RE-C1 Renewable Energy Generation and Storage -318 RE-C2 GHG-Free Electricity -394 RE-C3 Building and Appliance Electrification -2,033 WR-C1 Commercial Organic Waste -151 WR-C2 Residential Organic Waste -508 WR-C3 C&D and Self-Haul Waste -59 WR-C4 Mandatory Waste Diversion -556 WR-C5 Waste Processing Infrastructure -532 WR-M1 Waste from Town Operations -24 WC-C1 Community Water Use -2 S-C3 Carbon Offsets -2,263 CE-C1 Community Education -960 -16,476 GHG EMISSIONS REDUCTION SUMMARY Town of Tiburon Climate Action Plan TOTAL - LOCAL ACTIONS Appendix A: GHG Reduction Calculations, A-2 RPS -533 TITLE 24 -776 Light and Heavy Duty Fleet Regulations -3,187 TOTAL - STATE ACTIONS -4,496 Projected Emissions 46,515 Emissions Reduction from Local and State Actions -20,972 Projected Community Emissions with Local and State Actions Implemented 25,543 Reduction from Baseline Emissions 2005 Community GHG Emissions 60,101 Community Emissions with Local and State Actions Implemented 25,543 58% 25,543 51,086 50% Estimated 1990 GHG Emissions Projected BAU Community GHG Emissions GHG Target in 2030 (50% below 1990 levels) % Below 1990 Levels % Below 2005 Emissions State Actions Appendix A: GHG Reduction Calculations, A-3 Reductions (MTCO2e) -6,340 2030 Targets Methodology and Assumptions By the end of 2021, DMV reports there were 8,307 battery EVs, 3,943 plug-in hybrid EVs, and 56 fuel cell vehicles, for a total of 12,369 ZEVs in Marin County. We assume a similar penetration rate in Tiburon. We also conservatively assume the same percentage of EVs in 2030: 68% battery EVs and 32% plug-in hybrids. Passenger VMT is adjusted to reflect the fact that approximately 35% of countywide commute VMT originates from workers who live outside Marin County (TAM). Measure does not apply to VMT generated by San Rafael workers and visitors who do not live in Marin. Assuming the same share of ZEV ownership in 2030 as in 2021 (1.5%) means there would be approximately 75,000 ZEVs registered in Marin by 2030, or approximately 37% of existing automobile registrations. We are targeting 90,000 ZEVs in Marin in 2030, or 45% of ZEVs registered in Marin. This would require an average annual growth rate of 21%. The number of ZEVs grew 33% in Marin between 2018 and 2019, 22% between 2019 and 2020, and 14% between 2020 and 2021, for a average annual growth rate of 23%. This data suggests that an annual growth rate of 25% is feasible with aggressive local action, especially as the number of models expands and battery technology and charging improve and supply chain bottlenecks are resolved. 74% of the distance PHEVs drive is electric (Smart et al, 2014). EV kWh/mile is 0.32 (US Dept of Energy). ZERO EMISSION VEHICLES LCT-C1 Marin has approximately 1.5% of all ZEVs in California (CEC, 2021) and 199,428 automobiles registered in the County (CEC, 2021). CARB's proposed strategy is to put 4.2 million ZEVs on the road by 2030, which is approximately 14% of light duty vehicles in California in 2030. In January 2018, Governor Brown issued Executive Order B-48-18 which set a new goal of having a total of 5 million ZEVs in California in 2030. In September 2020, Governor Gavin Newsom issued Executive Order N-79-20 which sets a goal for 100 percent of in-state sales of new passenger cars and light trucks to be zero-emission by 2035. 45% of passenger vehicles in Marin are ZEVs in 2030 (approximately 90,000 ZEVs). 25% annual growth rate of registered ZEVs in Marin. Appendix A: GHG Reduction Calculations, A-4 Sources 9,709 200,000 45% 90,000 8.2% 80,291 36.8% Tiburon passenger VMT 63,696,150 miles 9,495,818 miles 54,200,332 miles 19,959,822 miles 18,351,061 miles Emissions without EV program 6,918 MTCO2e 6,343 MTCO2e 5,872,339 kWh 3 MTCO2e 6,340 MTCO2e Percent of ZEVs in Marin assumed by EMFAC2021 Additional ZEVs as a percent of Marin vehicles from this measure Projected number of registered passenger vehicles in Marin US Department of Energy, "National Plug-In Electric Vehicle Infrastructure Analysis," September 2017. https://www.nrel.gov/docs/fy17osti/69031.pdf Bay Area Air Quality Management District, Vehicle Miles Dataportal, http://capvmt.us- west-2.elasticbeanstalk.com/, accessed 3/21/19. Personal communication with Derek McGill, Planning Manager, Transportation Authority of Marin, dmcgill@tam.ca.gov, August 22, 2018. Calculation California Energy Commission, Zero Emission Vehicle and Infrastructure Statistics, https://www.energy.ca.gov/data-reports/energy-almanac/zero-emission-vehicle-and- infrastructure-statistics/light-duty-vehicle, accessed 6/16/22. The International Council on Clean Transportation, "California's continued electric vehicle market development," May 2018, https://www.theicct.org/sites/default/files/publications/CA-cityEV-Briefing- 20180507.pdf. California Air Resources Board, 2017 Scoping Plan. Smart, J., Bradley, T., and Salisbury, S., "Actual Versus Estimated Utility Factor of a Large Set of Privately Owned Chevrolet Volts," SAE Int. J. Alt. Power. 3(1):2014, doi:10.4271/2014-01-1803. U.S, Department of Energy, Alternative Fuels Data Center, https://www.afdc.energy.gov/vehicles/electric_emissions_sources.html. Sales weighted average of 2016 model year vehicles with sales in 2015: 2015 sales from "U.S. Plug-in Electric Vehicle Sales by Model" (https://www.afdc.energy.gov/data/vehicles.html); MPGs from 2016 Fuel Economy Guide (https://www.fueleconomy.gov/feg/) Tailpipe emissions reduction with EV program 2030 Number of registered Marin ZEVs by end of 2020 Number of Marin ZEVs in target year Increase in ZEVs VMT from additional ZEVs Electricity used by ZEVs Electricity emissions from ZEVs Emissions reduction VMT driven with electricity Tiburon passenger VMT from Marin-based vehicles Percent of Marin ZEVs in target year VMT from non-Marin workers and visitors Appendix A: GHG Reduction Calculations, A-5 Reductions (MTCO2e) -72 2030 Targets Methodology and Assumptions Sources 56,390,160 VMT 1.6 miles 0.4 206,428 VMT Emissions reductions 71.5 MTCO2e California Air Pollution Control Officers Association, "Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures," August, 2010. Calculation Studies cited by CAPCOA show each additional mile of bike lanes per square mile increases the share of workers commuting by bicycle by 1% (CAPCOA SDT-5). We have applied this to the following population segments: • Live in/work in area • Live in/work out of area • Live in area/non-worker • Live out of area/work in area The Town's Bicycle and Pedestrian Master Plan identifies 1.61 miles of proposed Class II bike facilities and 0.03 miles of proposed Class IV facilities. Tiburon Bicycle and Pedestrian Master Plan, July 20, 2016. 2030 VMT generated by targeted population segments Reduction in local VMT Bay Area Air Quality Management District Vehicle Miles Traveled Dataportal, http://capvmt.us-west-2.elasticbeanstalk.com/data. New bike facilities/sq. mile Additional Class II/IV facilities BICYCLING AND MICROMOBILITY LCT-C2.a 0.03 miles of Class IV bike paths and 1.61 miles of Class II bike lanes constructed between by 2030. Appendix A: GHG Reduction Calculations, A-6 Reductions (MTCO2e) -147 2030 Targets Methodology and Assumptions Sources 1,695,793 VMT 25% 423,948 VMT Emissions reductions 147 MTCO2e Reduction in local VMT Reduction in local VMT VMT generated by vehicle trips that start and end in Tiburon Bay Area Air Quality Management District Vehicle Miles Traveled Dataportal, http://capvmt.us-west-2.elasticbeanstalk.com/data. Calculation 2030 The measure requires the Town to aggressively pursue and require installation of secure bicycle parking for electric bicycles in order to encourage residents to take bicycles for local trips. We have applies a 20% reduction to all trips made by Tiburon residents that begin and end in Tiburon. . BICYCLING AND MICROMOBILITY LCT-C2.b 25% of local trips are completed by bicycle 2030. Appendix A: GHG Reduction Calculations, A-7 Reductions (MTCO2e) -13 2030 Targets Methodology and Assumptions Sources 1,868,174 VMT 2.0% 37,363 VMT GHG emissions reductions 13 MTCO2e Studies cited by CAPCOA show pedestrian network improvements can reduce VMT 1-2% (CAPCOA SDT-1). We apply this to passenger vehicle trips that start and end Tiburon and assume a 2% for 2030. WALKING LCT-C3 2% reduction in VMT for vehicle trips that start and end in Tiburon by 2030 Annual decrease in VMT California Air Pollution Control Officers Association, "Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures," August, 2010. Calculation 2030 Bay Area Air Quality Management District Vehicle Miles Traveled Data Portal, http://capvmt.us-west-2.elasticbeanstalk.com/data % decrease in VMT due to pedestrian improvements Passenger vehicle trips starting and ending in Tiburon Appendix A: GHG Reduction Calculations, A-8 Reductions (MTCO2e) 0 -49 2030 Targets Methodology and Assumptions Sources 966,053 miles 50% 29 % 140,078 VMT Emissions reductions 49 MTCO2e 2020 To demonstrate the benefits of providing Safe Routes to Schools, the Marin County Bicycle Coalition recruited nine pilot schools in four different geographic locations. Initial surveys reported that 62% of the students were arriving by car, with only 14% walking, 7% biking to school, 11% carpool, and 6% arriving by bus. Every school in the pilot program held periodic Walk and Bike to School Days and participated in the Frequent Rider Miles contest, which rewarded children who came to school walking, biking, by carpool or bus. At the end of the pilot program, the participating schools experienced a 57% increase in the number of children walking and biking and a 29% decrease in the number of children arriving alone in a car. SAFE ROUTES TO SCHOOL LCT-C4 Reduce school trips in family vehicle by 29%, from an average of 50% to 35%. VMT avoided We assume a school-aged population of 1,460 in 2030 (Plan Bay Area). We assume 77% are elementary or middle school with an average trip length of 1.7 mile, and 23% are high school (9-12) with an average trip length of 2.3 miles, 180 school days, and an existing share of school trips completed in a family vehicle of 50% according to Safe Routes to School surveys taken at participating schools serving Tiburon in 2018. US Census Bureau, American Community Survey 5-Year Estimates 2012-2016, Table B14001. Safe Routes to School Marin County, http://www.saferoutestoschools.org/history.html#success Calculation School population miles travelled Percent of miles driven in a family vehicle Potential percent decrease in students driving to school 2030 Safe Routes to School Marin County, http://www.saferoutestoschools.org/sr2s_ross_valley.html Appendix A: GHG Reduction Calculations, A-9 Reductions (MTCO2e) -68 2030 Targets Methodology and Assumptions Sources 105,196 miles 137 MTCO2e 67% 33% 69 MTCO2e 68 MTCO2e Transit miles, BAU 33% of Marin Transit and Golden Gate Transit buses will use be electric and 66% will use renewable diesel by 2030. PUBLIC TRANSIT LCT-C5 2030 Personal communication with Anna Penoyar, Senior Capital Analyst, Marin Transit, Oct. 22, 2019. Calculation Marin Transit's Draft Fixed Route Vehicle Replacement Plan indicates 3% of its fleet will be comprised of zero emission buses in 2020 and 33% of its fleet will be zero emission by 2030. In 2019, 72% of its buses were using renewable diesel and 3% of the fixed route buses were zero emission. Marin Transit and Golden Gate Transit have been using renewable diesel since 2016. We assume 33% will be driven by electric buses utilizing MCE electricity by 2030. Marin Transit Board of Directors Staff Report, April 1, 2019 CARB adopted the Innovative Clean Transit (ICT) Rule in December 2018. This rule outlines a transition of California transit agencies to a zero emission fleet by 2040. 100% of transit agencies' bus purchases must be zero emission beginning in 2029. Marin Transit's Draft Fixed Route Vehicle Replacement Plan (2019) identifies purchases that will achieve the ICT zero emission fleet mandate in 2040. As of October 2019, Golden Gate Transit had not yet developed a transition plan. Personal communication with Keith Nunn, Director of Maintenance, Golden Gate Transit, Oct. 22, 2019. Emissions, BAU Electric bus VMT GHG emissions reductions Renewable diesel VMT Emissions Appendix A: GHG Reduction Calculations, A-10 Reductions (MTCO2e) -308 2030 Targets Methodology and Assumptions Sources 368 8,400 miles 35 du/ac Residential density of typical development 9.1 du/ac 0.22 25.9 % 800,622 miles 66 8,400 miles 25 du/ac Residential density of typical development 9.1 du/ac 0.22 15.9 % 88,150 miles 308 MTCO2e Number of units at minimum density SMART GROWTH DEVELOPMENT LCT-C8a Implement the Town's Housing Element and rezone sites 1-7, 9 and A-F to 30-35 du/ac and sites 8 and G to 20-25 du/ac. CAPCOA T-1 Increase Residential Density accounts for VMT reduction by a project that is designed with a higher residential density compared to the average residential density in the U.S. We apply this measure to Sites 1-9, and A-G as identified in Table 10 Site Inventory of the 2023-2031 Housing Element and assume the maximum units/per acre for each site. California Air Pollution Control Officers Association, "Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity," December 2021. Town of Tiburon Draft 2023-2031 Housing Element, September 2022. Calculation 2030 Total GHG reduction Sites 1-7, 9 and A-F Sites 8 and G Number of units at minimum density Annual household VMT attributed to inventory Residential density of projected housing developments Elasticity of VMT with respect to residential density Percent reduction in GHG emissions from project VMT VMT reduction Annual household VMT attributed to inventory Residential density of projected housing developments Elasticity of VMT with respect to residential density Percent reduction in GHG emissions from project VMT VMT reduction Appendix A: GHG Reduction Calculations, A-11 Reductions (MTCO2e) -19 2030 Targets Methodology and Assumptions Sources 431 8,400 miles 5.0% Percent reduction in VMT for qualified units 28.6% 1.4% 51,772 miles 19 MTCO2e California Air Pollution Control Officers Association, "Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity," December 2021. The Town's Inclusionary Ordinance requires developments of at least 7 units to include 5% of the total units affordable to very-low or low income households. Therefore we apply the measure to all sites that are expected to develop 7 or more units as identified in Table 10 of the Town's draft Housing Element, i.e., Sites 1-9 and A-C and E-G. SMART GROWTH DEVELOPMENT LCT-C8b Implement the Town's Housing Element and apply current inclusionary requirements to applicable new development. CAPCOA T-4 Integrate Affordable and Below Market Rate Housing accounts for VMT reduction by multifamily projects that include deed-restricted units for lower-income households, defined as up to 80% of the area's median household income Town of Tiburon Draft 2023-2031 Housing Element, September 2022. Calculation 2030 Number of multifamily units subject to inclusionary zoning at minimum density Annual household VMT attributed to inventory Percent of multifamily units dedicated as affordable lower-income housing Percent reduction in GHG emissions from project VMT VMT Reduction Emissions reductions Appendix A: GHG Reduction Calculations, A-12 Reductions (MTCO2e) -11 2030 Targets Methodology and Assumptions Sources 2030 163 163 14.3 558,079 5.6% 31,252 11 MTC identifies 20 businesses with 50 or more employees in Tiburon and "Belvedere Tiburon." We assume 100% of these employers participate in the program by 2030. We assume 240 work days per year. BAAQMD Transportation Fund for Clean Air guidance indicates a reduction of 0.2% of commute VMT for Guaranteed Ride Home Programs. EMPLOYEE TRIP REDUCTION LCT-C6 CAPCOA TRT-1 indicates VMT reduction of 5.4% for suburban center location. Employer programs include: carpooling, ride matching, preferential carpool parking, flexible work schedules for carpools, a half-time transportation coordinator, vanpool assistance, bicycle parking, showers, and locker facilities. This measure assumes voluntary employee participation. 100% of covered employers provide and employee trip reduction program. California Air Pollution Control Officers Association, "Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures," A 2010 Calculation Number of employees targeted for program Number of employees working in companies with 50 or more employees BAAQMD Transportation Fund for Clean Air Guidance FYE 2018. VMT reduction Annual decrease in VMT GHG emissions reductions Average daily VMT for Tiburon worker Estimated annual VMT Appendix A: GHG Reduction Calculations, A-13 Reductions (MTCO2e) -372 2030 Targets Methodology and Assumptions Sources 41,007 gallons SURE diesel consumption, BAU 848 100% 372 MTCO2e Reduction target Calculation 2030 Emissions reductions SORE gasoline consumption, BAU OFFROAD2021 ZERO EMISSION LANDSCAPE AND SMALL OFF-ROAD EQUIPMENT LCT-C9 CARB has adopted regulations to require all newly manufactured small off- road engines (SORE) to be zero emission beginning in 2024. SORE are spark- ignition engines rated at or below 19 kilowatts. Engines in this category are primarily used for lawn, garden, and other outdoor power equipment. For this action, portable landscape equipment includes lawn mowers, leaf blowers/vacuums, trimmers/edgers/brush cutters. This equipment consumed 1,139,082 gallons of gasoline and in 23,560 gallons of diesel in Marin County 2020 (OFFROAD2021). Similar to the off-road emissions inventory, we assume 3.6% of emissions are attributable to Tiburon based on its share of countywide households in 2020. Tiburon Municipal Code Ch. 30 prohibits gas-powered leaf blowers and trimmers in residential areas. We assume a 100% reduction by 2030 due to the Town's adoption of an ordinance to require the use of zero emission SORE in residential and commercial areas by 2030. 100% reduction in fuel used in portable landscape and small off-road equipment by 2030 due to switching to electric equipment. Appendix A: GHG Reduction Calculations, A-14 Reductions (MTCO2e) -43 2030 Targets Methodology and Assumptions Sources Gasoline consumption, 2016 9,741 gallons 86 MTCO2e 50 % 43 MTCO2e Town of Tiburon 2016 Greenhouse Gas Inventory Calculation Emissions reductions As vehicles are replaced, there will be opportunities to purchase/lease electric vehicles or improve vehicle fuel efficiency with similar models. We assume the Town will continue to purchase 100% renewable electricity, and therefore there are no emissions attributed to EV use. ZERO EMISSION TOWN VEHICLES LCT-M1 All light-duty vehicles in Town's fleet are zero emissions by 2030. Town vehicle fleet tailpipe emissions 2030 Fuel efficiency improvement for fleet Appendix A: GHG Reduction Calculations, A-15 Reductions (MTCO2e) -10 2030 Targets 100% of diesel use is replaced with renewable diesel by 2030. Methodology and Assumptions Sources 1,694 gallons 100% 17 MTCO2e 7 MTCO2e 10 MTCO2e Diesel use, BAU Renewable diesel percentage Emissions reductions Emissions from diesel fuel Emissions from renewable diesel fuel Town of Tiburon 2016 Greenhouse Gas Emissions Inventory http://www.nexgenfuel.com/fleets-commercial-use/ Calculation 2030 Emission factor for renewable diesel derived from data from Nexgen Fuel. LOW CARBON FUELS LCT-M2 Appendix A: GHG Reduction Calculations, A-16 Reductions (MTCO2e) -6 2030 Targets Methodology and Assumptions Sources 291,299 VMT 5.6% 16,313 VMT 6 MTCO2e California Air Pollution Control Officers Association, "Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures," August, 2010. BAAQMD Transportation Fund for Clean Air Guidance FYE 2018. CAPCOA Measure TRT-1. VMT reduction is 5.4% for a suburban center location. VMT avoided Emissions reduction Calculation 2030 Employee commute VMT, BAU Reduction in VMT TOWN EMPLOYEE COMMUTE LCT-M3 BAAQMD Transportation Fund for Clean Air guidance indicates a reduction of 0.2% of commute VMT for Guaranteed Ride Home Programs. 5.6% reduction in employee commute VMT by 2030. Appendix A: GHG Reduction Calculations, A-17 MUNICIPAL ZERO EMISSION LANDSCAPE EQUIPMENT AND SMALL OFF-ROAD ENGINES LCT-M4 Reductions (MTCO2e) -9 2030 Target 100% of landscape equipment and small off-road engines are replaced with zero emissions equipment by 2030. Methodolog y and Assumptions CARB is currently considering regulating small off-road engines (SORE) that will reduce smog- pollutant emissions from mobile sources by 80% in 2031 through a combination of regulatory and incentive approaches. SORE are spark-ignition engines rated at or below 25 horsepower or 19 kilowatts. Engines in this category are primarily used for lawn, garden, and other outdoor power equipment including generators, power washers, and utility carts. Construction and agricultural equipment are regulated by the federal government and not subject to CARB regulation. CARB's goal is to require all new sales of regulated equipment to be zero emissions equipment by 2028. Town equipment that would be subject to SORE zero emissions regulations would include blowers, mowers, hedge trimmers, brush cutters and clearing saws (under 40 cc), chain saws (under 45 cc), pressure washers, and generators. We target 100% to be replaced with zero emissions equipment by 2030. Sources CARB Small Engine Fact Sheet, https://ww3.arb.ca.gov/msprog/offroad/sore/sm_en_fs.pdf?_ga=2.15457782.1959742507.1 598026042-1995196326.1515467224 CARB List to Determine Preempt Off-Road Applications, https://ww3.arb.ca.gov/msprog/offroad/preempt.htm Town of Tiburon Calculation 2030 Number of small off-road engines replaced with zero emissions equipment 30 Estimate annual gasoline used for small landscape equipment 1,050 gallons Emissions reduced 9 MTCO2e Appendix A: GHG Reduction Calculations, A-18 Reductions (MTCO2e) -1,166 2030 Targets Methodology and Assumptions Sources 39,331,314 kWh 2,359,879 kWh 2,820,019 therms 197,401 therms 1,166 MTCO2e Calculation Electricity savings Natural gas savings GHG emissions reductions Energy Efficiency Resource Standards: Experience and Recommendations, Steve Nadel, March 2006 ACEEE Report E063 (pages 28-30). Residential and commercial electricity use, 2020 Residential and commercial natural gas use, 2020 2030 National Action Plan for Energy Efficiency, July 2006, Section 6: Energy Efficiency Program Best Practices (pages 5-6). ENERGY EFFICIENCY PROGRAMS EE-C1 We are forecasting an annual electricity savings of 0.6% and an annual natural gas savings of 0.7% based on the following: Natural gas consumption is reduced an average of 0.7% per year between 2020 and 2030. Electricity consumption is reduced an average of 0.6% per year between 2020 and 2030. The National Action Plan for Energy Efficiency states among its key findings "consistently funded, well-designed programs are cutting annual savings for a given program year of 0.15 to 1 percent of energy sales." The American Council for an Energy-Efficiency Economy (ACEE) reports for states already operating substantial energy efficiency programs, energy efficiency goals of one percent, as a percentage of energy sales, is a reasonable level to target. Natural gas consumption in Tiburon declined an average of 0.7% per year between 2005 and 2020. Electricity consumption in Tiburon declined an average of 0.6% per year between 2005 and 2020, excluding the local generation of solar energy. Appendix A: GHG Reduction Calculations, A-19 Reductions (MTCO2e) -40 2030 Targets Methodology and Assumptions Sources 7,621 kWh Average household natural gas use 656 therms Average number of housing units sold annually 135 units Number of housing units provided energy audits 676 units Percent of participating housing units 5% Number of housing units implementing energy efficiency projects 34 units Electricity reduction 31% Natural gas reduction 31% Annual electricity savings 79,907 kWh Natural gas savings 6,881 therms Electricity emissions reduction 4 MTCO2e Natural gas emissions reduction 37 MTCO2e 40 MTCO2e 135 housing units sold annually, based on 2005-2018 average (Marin County Assessor). Marin County Assessor, http://www.marincounty.org/depts/ar/divisions/assessor/sales City of Berkeley, "Building Energy Savings Ordinance (BESO) Findings through Nov. 2016," December 7, 2016, https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Lev el_3_- _Energy_and_Sustainable_Development/Energy%20Commission%20Presentatio n%20Berkeley.pdf Assumes program will be implemented in 2025 and program will require audits at time of sale but energy efficiency projects will be voluntary. Assumes 5% of audited housing units will implement energy efficiency upgrades based on findings from the City of Berkeley's Building Energy Saving Ordinance. Assume 31% Btu energy use reduction based on demonstrated Energy Upgrade California projects completed in Marin County between June 2010 and May 2012. ENERGY AUDITS EE-C2 34 housing units implement energy efficiency projects between 2025 and 2030 due to ordinance requiring energy audits at time of sale. 2030 Total GHG emissions reduction Average household electricity use Marin County Energy Watch Partnership, Dana Armanino, Sustainability Planner, County of Marin, darmanino@marincounty.org Calculation Appendix A: GHG Reduction Calculations, A-20 Reductions (MTCO2e) 0 2030 Targets Methodology and Assumptions Sources 122,122 kWh 58,061 kWh 0.0 MTCO2eGHG emissions reduction Electricity use, 2018 Electricity savings EE-M1 PUBLIC LIGHTING Calculation The Town had converted 9 of its 277 streetlights by 2018. The action assumes the Town will convert the remaining fixtures by 2030. Since the Town was purchasing 100% renewable energy in 2018 for all of its facilities, there are no additional GHG reductions for this action. Town of Tiburon Public Works Department Complete conversion of remaining streetlights to LED by 2030. Appendix A: GHG Reduction Calculations, A-21 Reductions (MTCO2e) -2 2030 Targets Sources Annual Electricity Savings (kWh) Annual Natural Gas Savings (therms) 1,939 Lighting - Police Station 68 Lighting - Corporate Yard 5,247 2,216 450 14,717 1,402 624 -20 26,213 430 0 2 2) Install energy-efficiency lighting at Police Station 3) Install energy-efficiency lighting at Corporate Yard 4) Replace split gas heat condensers in Police Station 5) Replace heat pumps in Police Station Split gas heat condensers - Police Station 6) Install window film or shade screens in Town Hall 6) Install vending machine controller The Town purchased 100% renewable energy in 2018 for all of its facilities and commits to continue doing so in CAP Action RE-M1. As a result, there are no additional GHG reductions for projects that reduce electricity use. Total savings Since 2010, the Town has replaced some of the lighting in Town owned buildings with LEDs and energy efficient lighting. Therefore, some of the potential annual electricity savings identified in the Marin Energy Management report and identified in the table below has already been achieved. Project Emissions reductions (MTCO2e) Heat pumps - Police Station Marin Energy Management report for the Town of Tiburon, December 9, 2010. Calculation Lighting - Town Hall Window film or shade screens - Town Hall Vending machine controller ENERGY EFFICIENCY AUDIT AND RETROFITS EE-M2 Projects to be completed are as follows:Methodology and Assumptions 1) Install energy-efficient lighting at Town Hall. Complete all projects by 2030. Appendix A: GHG Reduction Calculations, A-22 Reductions (MTCO2e) -1 2030 Targets Methodology and Assumptions Sources 224,397 kWh 0 MTCO2e 2,149 therms 11 MTCO2e 5% 11,220 kWh GHG emissions reductions 1 MTCO2e Electricity consumption in municipal buildings, 2018 Electricity use in municipal buildings Natural gas use in municipal buildings Percent reduction in energy use Reduction in electricity consumption Natural gas consumption in municipal buildings, 2018 Tiburon 2016 GHG Inventory Calculation ENERGY CONSERVATION EE-M3 Energy management software is proven to reduce energy consumption by 10% through identifying inefficiencies within operations. A 5% reduction in energy use for miscellaneous behavioral changes by staff and mechanical operations, and upgrading to Energy Star equipment were assumed. Since the Town was purchasing 100% renewable energy in 2018 for all of its facilities, there are no additional GHG reductions for actions that reduce electricity use. Reduce energy use in municipal buildings by 5%. Appendix A: GHG Reduction Calculations, A-23 Reductions (MTCO2e) -318 2030 Targets Methodology and Assumptions Sources 446 KW DC 4,463 KW DC 1,450 kWh 6,471,195 kWh GHG emissions reductions 318 MTCO2e By 2020, approximately 3,319 KW of solar capacity had been installed in the Tiburon area (including unincorporated areas with a 94920 zip code) and 551 KW had been installed in 2020. Based on population estimates for the Town of Tiburon and the census tracts which comprise the 94920 zip code area, we estimate 81% of the solar energy systems are located within the Town limits. Project Sunroof, https://www.google.com/get/sunroof/data- explorer/place/ChIJ2cX8c6yXhYARECyyKE9Ek1Q/, accessed June 16, 2022. Calculation California Distributed Generation Statistics, "NEM Currently Interconnected Data Set," https://www.californiadgstats.ca.gov/downloads/, April 2020. 2030 Additional solar through 2030 kWh generated by 1 KW solar energy system Additional electricity produced by distributed PV Estimated solar capacity added 2020 within Town limits We assume new distributed solar capacity will be added at the same rate as in 2020 through 2030, or 446 KW DC each year. RENEWABLE ENERGY & STORAGE RE-C1 According to Project Sunroof, 92% of Tiburon buildings have roofs that are solar- viable. These 3,000 roofs have the capacity for 53 MW DC and could generate 73,300,000 kWh per year, which is more than the 37,400,000 kWh consumed in Tiburon in 2020. Solar energy installations continue to grow by an average of 446 KW DC each year through 2030. Appendix A: GHG Reduction Calculations, A-24 Reductions (MTCO2e) -394 2030 Targets Methodology and Assumptions Sources 39,331,314 kWh 7,134,958 kWh Net electricity use 32,196,356 kWh 24,428,980 kWh 3,664,347 kWh 850 MTCO2e 456 MTCO2e 394 MTCO2eGHG emission reductions Personal communication, Justin Kudo, MCE Manager of Account Services, jkudo@marinenergyauthority.org, July 14 and 15, 2016. 2030 Electricity use, BAU Electricity saved through State and local actions Projected MCE electricity use (76% of total) Calculation The MCE Operational Integrated Resource Plan 2021-2030 states that MCE Light Green electricity is projected to be 95% GHG-free by 2022 and beyond. We have conservatively estimated a future GHG emission factor by assuming the remainder will be system power using the current emission factor set by CARB of 967.6 lbs. CO2/MWh (eGrid 2019). MCE supplied 76% of the total electricity load in Tiburon in 2020, and 5.4% of that was Deep Green. The analysis assumes the Deep Green percentage will increase to 15% by 2030. Electricity emissions w/MCE BAU Electricity emissions w/MCE GHG-FREE ELECTRICITY RE-C2 MCE Operational Integrated Resource Plan 2021-2030 (October 5, 2020), p.21. https://www.mcecleanenergy.org/wp-content/uploads/2020/10/MCE-Operational- Integrated-Resource-Plan_2021.pdf MCE Light Green electricity is 95% GHG-free by 2022 and MCE continues to provide a Deep Green 100% GHG-free alternative. 15% of MCE load is Deep Green. Deep Green electricity (15% of MCE load) Appendix A: GHG Reduction Calculations, A-25 Reductions (MTCO2e) -42 Targets Methodology and Assumptions Sources 28 therms 163 therms 306 therms 71 kWh 1,382 kWh 1,213 kWh Number of units stoves and cooktops replaced 7 units Number of units water heaters replaced 10 units Number of furnaces and heating systems replaced 20 units Natural gas savings 7,946 therms Electricity consumption 38,577 kWh 42 MTCO2e 2009 California Residential Appliance Saturation Study, Volume 2, Page 23. http://www.energy.ca.gov/2010publications/CEC-200-2010-004/CEC-200-2010- 004-V2.PDF Calculation BUILDING AND APPLIANCE ELECTRIFICATION RE-C3.1 County of Marin, Marin County Building Decarbonization Pilot Program for BAAQMD Climate Protection Grant Application, May 8, 2018. 2030 Potential number of appliance replacements is based on a Marin County grant application for a Building Decarbonization Pilot Program, which proposes to provide cash rebates for natural gas appliance swap-outs. The pilot program application estimates the following number of replacements during the pilot program period: stoves and cooktops, 20; water heaters, 30; and furnaces and heating systems, 60. We assume 3.7% of the replacements will take place in Tiburon homes based on Tiburon's share of countywide households. We assume the program can grow at an annual rate of 25% with continued rebates and program implementation. 7 cooktops, 10 water heaters and 20 heating systems are replaced with electric versions by 2030 through a Building Decarbonization incentive program. 2030 Estimated annual natural gas use for stoves and cooktops GHG emissions reduction Estimated annual natural gas use for water heaters Estimated annual natural gas use for space heating Estimated annual electricity use for stoves and cooktops Estimated annual electricity use for water heaters Estimated annual electricity use for heat pump space heating Appendix A: GHG Reduction Calculations, A-26 Action Targets Reductions (MTCO2e) -1,021.4 Sources 4,049 units 28 therms 71 kWh 19% 163 therms 1,382 kWh 24% Estimated natural gas use for clothes dryer 22 therms Estimated electricity use for clothes dryer 648 kWh 12% 192,036 therms 76 kWh 1,021 MTCO2e Methodology and Assumptions We assume the ordinance applies to water heaters, stoves, cooktops, and clothes dryers in January 2025. We assume the high end of average life expectancies for these appliances. We further assume one-third of potential water heater replacements will be deemed infeasible due to interior location of the water heater. BUILDING AND APPLIANCE ELECTRIFICATION RE-C3.2 24% of residential water heaters, 19% of residential cooktops, and 12% of residential dryers are replaced with high efficiency electric appliances. 2030 Natural gas use eliminated Additional electricity use GHG emissions reductions Adopt an ordinance in 2024 that requires homeowners to replace natural gas appliances, such as water heaters, stoves, cooktops, clothes dryers, and heating systems with high-efficiency electric appliances at time of replacement where feasible. Estimated annual electricity use for induction stove or cooktop % stoves and cooktops replaced Estimated annual natural gas use for water heater Estimated annual electricity use for heat pump water heater % water heaters replaced % clothes dryers replaced 2009 California Residential Appliance Saturation Study, Volume 2, Table 2- 8 (PG&E for dryer), Table 2-24 (PG&E for dryer), and Table 2-26 (Forecast Zone 5 for water heater and range). http://www.energy.ca.gov/2010publications/CEC-200-2010-004/CEC-200- 2010-004-V2.PDF California Department of Finance, E-5 Population and Housing Estimates for 2010-2020 with 2010 Census Benchmark Calculation 2030 Number of housing units in Tiburon in 2020 Estimated annual natural gas use for stove or cooktop Appendix A: GHG Reduction Calculations, A-27 Action Reductions (MTCO2e) -970.4 Sources Methodology and Assumptions We assume adoption of an ordinance in that bans natural gas use in new residential buildings beginning in 2023 and new non-residential buildings in 2026. Replacing residential space heating systems in Climate Forecast Zone 5 that use natural gas with systems that use heat pumps and electricity reduces emissions by an average of approximately 89% (derived from CRASS, Tables 2-9 and 2-26). We assume the same emissions reduction for electrifying non-residential space heating systems. An estimated 88% of new homes use natural gas for ranges and ovens and 58% use natural gas for dryers (CRASS, Table 2-22). We assume the ordinance reduces these numbers 100%. We assume all new homes use natural gas for primary space heating and water heating (CRASS, Table 2-25). We assume the ordinance reduces these numbers by 100%. Electricity used to power these systems is regulated under Title 24, which requires solar energy to supply energy requirements. BUILDING AND APPLIANCE ELECTRIFICATION RE-C3.3 Prohibit the use of natural gas end uses in new residential buildings in the Town’s green building ordinance that aligns with the 2022 California Building Standards code update. Extend the same prohibition to new nonresidential buildings in the 2025 code cycle. 2030 Number of new housing units is based on Plan Bay Area 2040 population and household size estimates. CAPCOA Measure BE-1 used for estimating non-residential building electricity savings subject to Municipal Code Section 16-47.040. 2009 California Residential Appliance Saturation Study, Volume 2, Table 2-8 (PG&E for dryer and heat pump), Table 2-24 (PG&E for dryer), and Table 2-26 (Forecast Zone 5 for water heater and range). http://www.energy.ca.gov/2010publications/CEC-200-2010-004/CEC-200-2010- 004-V2.PDF California Energy Commission, California Commercial End-Use Survey (March 2006), https://ww2.energy.ca.gov/2006publications/CEC-400-2006-005/CEC- 400-2006-005.PDF California Air Pollution Control Officers Association, "Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures," August, 2010. Appendix A: GHG Reduction Calculations, A-28 Residential 639 units 306 therms 163 therms 160,880 therms 28 therms 22 therms 23,899 therms 71 kWh 648 kWh 280,086 kWh 970.4 MTCO2e Commercial 0 therms GHG emissions reductions 0.0 MTCO2e Total electricity used for electrified appliances Calculation 2030 New housing units, 2023-2030 Estimated natural gas use for space heating, per housing unit Estimated natural gas use for water heating, per housing unit Natural gas reduced beyond Title 24 requirements for heating systems Estimated annual natural gas use for cooktop and range Estimated natural gas use for clothes dryer Total natural gas reduced for appliances Estimated electricity use for cooktop and range Estimated electricity use for clothes dryer GHG emissions reductions 2030 Natural gas reduced beyond Title 24 requirements Appendix A: GHG Reduction Calculations, A-29 Reductions (MTCO2e) -151 2030 Targets Methodology and Assumptions Sources Personal communication with Kim Schiebly, Marin Sanitary Service, Kim.Scheibly@marinsanitary.com CalRecycle, 2014 Disposal-Facility-Based Characterization of Solid Waste in California: Significant Tables and Figures, https://www2.calrecycle.ca.gov/WasteCharacterization/PubExtracts/2014/SigTableFi g.pdf COMMERCIAL ORGANIC WASTE WR-C1 Passed in 2014, AB 1826 requires businesses to recycle their organic waste, depending on the amount of waste they generate per week. Organic waste means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. The law phases in mandatory recycling of commercial organics over time. In 2017, businesses that generate 4 cubic yards of organic waste per week must arrange for organic waste recycling services and divert all organic waste they produce. In 2019, the law extends to businesses that generate 4 cubic yards or more of commercial solid waste. The State law is intended to reduce statewide disposal of organic waste by 50% by 2020. If that target is not met, the law will be extended to cover businesses that generate 2 cubic yards or more of commercial solid waste. This measure makes the following assumptions: 29% of landfilled waste is generated by commercial uses (based on electricity consumption split in the community); 60% of commercial waste will be subject to AB 1826 by 2020; and 90% of commercial waste will be subject to AB 1826 by 2030. Based on current compliance rates, this measure assumes 30% of all businesses that meet the 2019 threshold will be compliant by 2020 and 30% of all business that meet the post-2020 threshold will be compliant by 2030. The Town can assist Zero Waste Marin (a.k.a., the Marin Hazardous and Solid Waste Joint Powers Authority) and Marin Sanitary Service by conducting outreach, maintaining a registry of all businesses (including self-haulers) to track compliance with AB 1826, and hiring additional MSS or City dedicated to these efforts. According to CalRecycle, 55% of franchised commercial waste is recoverable for compost and mulch and paper recycling. Outreach to covered businesses. 30% are correctly sorting and disposing organic material. Appendix A: GHG Reduction Calculations, A-30 27% 2,199 tons Waste generated by covered businesses 1,979 tons 1,089 tons 30% 327 tons GHG emissions reduction 151 MTCO2e Calculation 2030 Percent diverted from landfill Tons diverted from landfill Commercial waste as a percentage of total landfilled waste Commercial landfilled waste (excluding self-haul and municipal waste) Recoverable organic waste generated by covered businesses (55%) Appendix A: GHG Reduction Calculations, A-31 Reductions (MTCO2e) -508 2030 Targets Methodology and Assumptions Sources 73% 5,946.5 tons 2,259.7 tons 50% 1,130 tons GHG emissions reduction 508 MTCO2e This measure continues and expands activities already occurring, including quarterly mailings by Mill Valley Refuse, tabling at community events, a marketing campaign by Zero Waste Marin, and community education by Resilient Neighborhoods. Under this measure, the Town will utilize its website, communication tools, and social media to promote these activities and expand their reach, and encourage Mill Valley Refuse to increase and expand their outreach through other channels such as on-bill and email response messaging. A 2014 Marin Sanitary Service (MSS) waste characterization study found that 38% of residential solid waste sent to the landfill was compostable organic waste (30% food scraps, 4% food-soiled paper, and 4% plant debris). MSS estimates that approximately 1% of food waste is currently collected and composted. Curbside collection of food waste has been available in Tiburon since 2010 with weekly service for co-collection of plant debris and food scraps. Based on MSS's experience, this measure assumes an additional 5% of residential organic waste will be diverted by 2020 due to education and outreach activities. Based on the current residential waste diversion rate of 72%, we assume 50% of residential organic waste can be diverted by 2030. RESIDENTIAL ORGANIC WASTE WR-C2 50% diversion of residential organic waste by 2030. Percent diverted from landfill Compostable organic waste generated by residents Personal communication with Kim Schiebly, Marin Sanitary Service, Kim.Scheibly@marinsanitary.com Calculation 2030 Tons diverted from landfill Residential waste as a percent of total landfilled waste Residential landfilled waste (excluding self-haul and municipal waste) Appendix A: GHG Reduction Calculations, A-32 Reductions (MTCO2e) -59 2030 Targets Methodology and Assumptions Sources 758.6 tons 200.3 tons 75% 150 tons GHG emissions reduction 59 MTCO2e Tiburon currently complies with the State’s Green Building Code (CALGreen) by requiring development projects to direct all construction and demolition (C&D) materials to a certified facility that diverts at least 65% of nonhazardous C&D debris to recycle or salvage. However, recoverable material is still deposited in the landfill, primarily due to self-haul activity (clean-up and loads that are generated from projects not covered by CALGreen), and C&D loads that contain low percentages of recoverable material. The Town can help to maximize the amount of recoverable material by providing outreach and education to waste generators, and by working with the County and CalRecycle to require processing of all loads for recoverable materials at the landfill or processing facility. According to Zero Waste Marin, 670.74 tons of self-haul and debris box waste originating in Tiburon was landfilled in 2016. According to statewide solid waste characterizations studies, self-haul waste contains approximately 28% lumber, 3% paper, and 10% green waste, all of which could be diverted from the landfill. The measure assumes that 50% of this waste can be diverted by 2020 and 75% can be diverted by 2030, based on State mandates (SB 1383). CONSTRUCTION AND DEMOLITION DEBRIS AND SELF-HAUL WASTE WR-C3 75% diversion of C&D waste by 2030. Personal communication with Garth Schultz, R3 Consulting Group, gschultz@r3cgi.com CalRecycle, "2014 Disposal-Facility-Based Characterization of Solid Waste in California: Significant Tables and Figures," October 6, 2015. Calculation 2030 Self-haul landfilled waste Percent organic material diverted from landfill Personal communication with Judith Silver, Zero Waste Marin, jsilver@marincounty.org Tons diverted from landfill Recoverable organic waste (26.4%) Appendix A: GHG Reduction Calculations, A-33 Reductions (MTCO2e) -556 2030 Targets Methodology and Assumptions Sources 544.3 tons 677.9 tons GHG emissions reduction 556 MTCO2e This measure assumes Tiburon will adopt a mandatory waste diversion ordinance similar to the one adopted by the City of Palo Alto in January 2016 (Palo Alto Municipal Code Chapter 5.20). Palo Alto requires all residents, visitors, and businesses to place their discards in the appropriate container – recycle, compost, or garbage. There are four stopes to compliance: 1) subscribe to recycle, compost, and garbage service from the city’s contract hauler; 2) set-up color-coded and labeled containers in convenient locations for patrons, employees, and residents; 3) train and educate tenants, residents, contractors and janitors about how to properly sort their waste and to ensure requirements are met; and 4) sort waste into proper containers. Requirements are phased in over time as follows: MANDATORY WASTE DIVERSION WR-C4 Increase commercial AB1826 compliance rate to 50% and increase residential organic waste diversion rate to 80% by 2030. Additional residential organic waste diverted CalRecycle, "2014 Disposal-Facility-Based Characterization of Solid Waste in California: Significant Tables and Figures," October 6, 2015. This measure assumes a similar ordinance would require all commercial accounts and multifamily buildings with 5 or more units to comply by 2020. We assume that a mandatory diversion ordinance could increase the AB 1826 compliance rate to 50% by 2030. Assuming that the ordinance is expanded to require residents to comply, we estimate an overall 80% compliance rate for residential compostable organic waste by 2030. Additional commercial organic waste diverted City of Palo Alto, http://www.cityofpaloalto.org/gov/depts/pwd/zerowaste/projects/ordinance.asp Calculation 2030 Appendix A: GHG Reduction Calculations, A-34 Reductions (MTCO2e) -532 2030 Targets Methodology and Assumptions Sources 8,291 tons 2,733 tons 3,938 tons 1,205 tons 4,145 tons GHG emissions reduction 532 MTCO2e This measure assumes that new solid waste processing infrastructure is procured by 2030, but not 2020. Waste processing infrastructure could ultimately ensure that 95% of all recoverable organic waste collected by the franchised waste hauler is diverted from the landfill by 2030. WASTE PROCESSING INFRASTRUCTURE WR-C5 Increase diversion rate of recoverable organic waste to 95% by 2030. Personal communication with Kim Schiebly, Marin Sanitary Service, Kim Scheibly, Kim.Scheibly@marinsanitary.com Calculation 2020 2030 Landfilled waste, excluding self-haul Recoverable organic waste (50% of total) Diversion target (95% for 2030) Tons diverted by other measures CalRecycle, 2014 Disposal-Facility-Based Characterization of Solid Waste in California: Significant Tables and Figures, https://www2.calrecycle.ca.gov/WasteCharacterization/PubExtracts/2014/Si gTableFig.pdf Remaining tons to be diverted Appendix A: GHG Reduction Calculations, A-35 Reductions (MTCO2e) -24 2030 Targets Methodology and Assumptions Sources 145 tons 72 tons 75% 54 tons GHG emissions reduction 24 MTCO2e This measure assumes 75% of recoverable organic waste currently landfilled could be diverted by 2030. WASTE FROM TOWN OPERATIONS WR-M2 75% of recoverable organic waste currently landfilled is diverted by 2030. Percent diverted from landfill Personal communication with Charlie Wicke, Marin Sanitary Service, Charlie.Wicke@marinsanitary.com Calculation 2030 Waste generated by Town operations Tons organic waste diverted from landfill Recoverable organic waste (50%) Appendix A: GHG Reduction Calculations, A-36 Appendix A: GHG Reduction Calculations, A-37 Reductions (MTCO2e) -2 2030 Targets Methodology and Assumptions -The Town has adopted CALGreen Tier 1 for residential buildings, which requires additional water conservation actions above the base code. -MMWD provides virtual water-friendly garden tours on its website . COMMUNITY WATER USE WC-C1 District-wide Marin Municipal Water District (MMWD) water consumption fell 23% between 2005 and 2018, or approximately 1.8% per year. We conservatively assume water consumption will continue to fall an average of 1% per year based on the following legislation and water conservation programs: -MMWD's regulations meet or exceed State law that requires single family homes and commercial and multi-family buildings to replace all non-compliant plumbing fixtures when remodeling and upon resale (resale requirement for commercial and multi-family buildings will be in effect on January 1, 2019). -MMWD conducts outreach and provides water conservation information to water users on its website. 1% annual water consumption reduction. -MMWD has adopted a Water Waste Ordinance and requires drinking water and linen washing upon request at restaurants and hotels. -MMWD has adopted a landscape water conservation ordinance which applies to all new construction and rehabilitated landscape projects requiring a building permit, plan check, or design review. Irrigation controllers are required under CALGreen. -MMWD provides rebates for water-efficient toilets, clothes washers, hot water recirculation systems, turf replacement, pool covers, mulch, graywater systems, and rain barrels. -MMWD provides residential and commercial building and landscape water audits and free-water saving devices (faucet aerators, showerheads, toilet leak test dye tablets, hose nozzles, etc.). -MMWD provides residential and commercial building and landscape water audits and free-water saving devices (faucet aerators, showerheads, toilet leak test dye tablets, hose nozzles, etc.). -New commercial and multi-family construction is required to meet CALGreen code. MMWD requires all plumbing installed, replaced, or moved on any new or existing service to have high efficiency fixtures and meet minimum requirements. -MMWD requires applicants for new water service and applicants requesting an enlarged water service for substantial residential or commercial remodels to install a graywater recycling system to reuse the maximum practicable amount of graywater on site. Appendix A: GHG Reduction Calculations, A-38 Sources 437 MG 1 % 52 MG 2 MTCO2eGHG emissions reduction -MMWD began purchasing 100% renewable electricity in 2017 and Sonoma County Water agency, which provides approximately 25% of water, began purchasing 100% renewable electricity in 2015. We assume the water agencies will continue this practice. Annual water consumption reduction 2030 Calculation Water consumption, BAU Potential annual water savings by 2030 Personal communication with Carrie Pollard, Sonoma Marin Water Saving Partnership Refining Estimates of Water-Related Energy Use in California, California Energy Commission, Dec. 2006 The Climate Registry for Sonoma County Water Agency emission factors -The California Energy Commission estimates that it takes 3,500 kWh of electricity per million gallons to convey, treat and distribute water from the water source to the customer in northern California. GHG reduction calculations are based upon the following: Appendix A: GHG Reduction Calculations, A-39 Action Target Reductions (MTCO2e) -2,263 Methodology and Assumptions Sources 46,515 MTCO2 18,708 MTCO2 27,806 MTCO2 25,543 MTCO2 Remaining GHG emissions to offset 2,263 MTCO2e Purchase carbon offsets in 2030, and annually thereafter, to achieve a 50% reduction below 1990 levels in communitywide emissions. 50% below 1990 level target Emissions reductions from successful implementation of all local and state actions Projected communitywide emissions in 2030 Communitywide emissions after implementation of all local and state actions California Air Pollution Control Officers Association, "Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures," August, 2010. Calculation 2030 CARBON OFFSETS S-C3 Reduce the impact of greenhouse gas emissions through the purchase of high quality, well-vetted and verifiable carbon offsets. Calculated reduction represents unmitigated emissions in 2030 after all other programs are successfully implemented. Appendix A: GHG Reduction Calculations, A-40 Action Target Reductions (MTCO2e) -960.4 Methodology and Assumptions Sources 6.5 years 5.91 MTCO2 25 GHG emissions reduction 960 MTCO2e Years program is in effect Emissions reductions per household Number of Tiburon households graduated each year Resilient Neighborhoods, Results by Municipality, https://www.resilientneighborhoods.org/statistics-by-municipality.html, accessed 6/16/22. Calculation 2030 Resilient (RN) reports that as of 8/31/21, RN had graduated 743 households from the program which collectively reduced CO2 emissions by 9,696,323 pounds. This equates to 13,050 pounds per household, or 5.91 MTCO2e. To date, the program has graduated 13 Tiburon households. COMMUNITY EDUCATION CE-C1 Work with community-based organizations, such as Resilient Neighborhoods, to educate and motivate community members to start or continue to reduce GHG emissions in their homes, businesses, transportation mode choices, and other activities, and increase community resilience through community-building activities. Beginning in Fiscal Year 2023-2024, provide annual funding to Resilient Neighborhoods to graduate 25 Tiburon households each year over existing funding levels. Appendix A: GHG Reduction Calculations, A-41 Program Description Reductions (MTCO2e) -3,187 2030 Methodology and Assumptions Sources Passenger VMT BAU 63,696,150 VMT 44,024,883 VMT Commercial VMT BAU 1,163,828 VMT Emissions, BAU 16,646 MTCO2e Emissions with regulations 13,459 MTCO2e Reduction in emissions 3,187 MTCO2e LIGHT AND HEAVY DUTY FLEET REGULATIONS State Action Transportation emissions estimated using EMFAC 2021. Current federal and State regulations and standards will reduce transportation emissions from the light and heavy duty fleet. Regulations and policies covered in EMFAC 2021 are identified in the EMFAC 2021 Technical Document. 2030 Passenger VMT, net reductions from other measures California Air Resources Board, EMFAC2021 v.1.0.1. California Air Resources Board, EMFAC2021 Volume III Technical Document v.1.0.1, April 2021. https://ww2.arb.ca.gov/sites/default/files/2021- 08/emfac2021_technical_documentation_april2021.pdf Calculation Appendix A: GHG Reduction Calculations, A-42 State Action Program Description Reductions (MTCO2e) -533 2030 Methodology and Assumptions 39,331,314 kWh 845,397 kWh 8,910,981 kWh 6,409,857 kWh 725,101 kWh 641 MTCO2e 108 MTCO2e 533 MTCO2eGHG emission reductions Electricity use, BAU Electricity saved through other State actions Net electricity use (PG&E) Electricity emissions, BAU Electricity emissions w/RPS Electricity saved through local actions Net electricity use (DA) 2030 This State Action assumes PG&E and Direct Access entities will meet the Renewable Portfolio Standard requirements and that these entities will carry the same share of the community's electricity load as in 2016. GHG reductions related to MCE's GHG reduction policies are quantified separately as a local action. Calculation RENEWABLE PORTFOLIO STANDARD For 2030, the CPUC has set electric sector GHG reductions at a level that represents a 50% reduction from 2015 levels. We therefore apply a 50% reduction to PG&E and DA 2015 CO2 emission factors to forecast 2030 emission factors. CH4 and N2O factors are kept constant at 2018 levels. PG&E, "Greenhouse Gas Emission Factors: Guidance for PG&E Customers," November 2015, https://www.pge.com/includes/docs/pdfs/shared/environment/calculator/pge_ghg_e mission_factor_info_sheet.pdf Established in 2002 in Senate Bill 1078, the Renewable Portfolio Standard program requires electricity providers to increase the portion of energy that comes from eligible renewable sources, including solar, wind, small hydroelectric, geothermal, biomass and biowaste, to 20 percent by 2010 and to 33 percent by 2020. Senate Bill 350, passed in September of 2015, increases the renewable requirement to 50 percent by the end of 2030. Senate Bill 100, passed in September 2018, accelerated the RPS standard to 60 percent by 2030 and zero-carbon by 2045. California Public Utilities Code Section 454.52 requires each load-serving to procure at least 50 percent eligible renewable energy resources by 2030 and to meet the economywide reductions of 40% below 1990 levels by 2030. Sources California Public Utilities Commission "CPUC Adopts Groundbreaking Path to Reduce Greenhouse Gases in Electric Sector," Press Release Docket #: R.16-02-007, Feb. 8, 2018. Appendix A: GHG Reduction Calculations, A-43 Program Description Reductions (MTCO2e)-776 Methodology Sources Estimated energy reductions for the 2019 building codes based on information provided by the California Energy Commission. CAPCOA Measure BE-1 used for estimating building energy savings. The analysis assumes all residential electricity use subject to Title 24 is offset by mandatory solar installation beginning with the 2019 building code. California Energy Commission, California Commercial End-Use Survey (March 2006), https://ww2.energy.ca.gov/2006publications/CEC-400-2006-005/CEC- 400-2006-005.PDF California Energy Commission, https://ww2.energy.ca.gov/title24/2019standards/documents/2018_Title_24_2 019_Building_Standards_FAQ.pdf 2019 California Residential Appliance Saturation Study, Volume 2, Table 14 (PG&E for dryer and range/oven), Table 15 (Forecasting Climate Zone 2 for heat pump and water heater), and Table 37 (Forecast Zone 2 for primary heat, water heater, dryer, and range/oven). TITLE 24 ENERGY EFFICIENCY STANDARDS State Action Estimated residential energy use assumes homes use natural gas for primary space heating and water heating. We assume all new homes install central air conditioning and outdoor lighting. Only end uses covered by Title 24 are included in the analysis. 2030 The California Energy Commission (CEC) promotes energy efficiency and conservation by setting the State’s building efficiency standards. Title 24 of the California Code of Regulations consists of regulations that cover the structural, electrical, mechanical, and plumbing system of every building constructed or altered after 1978. The building energy efficiency standards are updated on an approximate three-year cycle, and each cycle imposes increasingly higher demands on energy efficiency and conservation. The 2022 Building Code increases establishes an energy budget based on efficient heat pumps or water heaters to encourage installation of heat pumps over gas-fueled HVAC units and requires homes to be electric-ready, with dedicated 240-volt outlets and space so electric appliances can eventually replace installed gas appliances. We assume the State Building Code will require net zero energy residential buildings beginning in 2026 and net zero energy non-residential beginning in 2029. Appendix A: GHG Reduction Calculations, A-44 Reductions from Title 24 Upgrades Electricity Savings Natural Gas Savings Electricity Savings Natural Gas Savings Residential New Construction 100%7%100%50% Non-residential New Construction 30%30%50%50% Projected Residential Development with Title 24 Energy Reductions 2020-2022 2023-2030 TOTAL through 2030 GHG Reductions through 2030 New Residential (units)6 633 639 Electricity Use BAU , subject to Title 24 7,938 837,459 845,397 Electricity Use Savings 7,938 837,459 845,397 37 Natural Gas Use BAU, subject to Title 24 2,628 277,254 279,882 Natural Gas Use Savings 184 138,627 138,811 738 Energy Savings for 2019 Code (assumed for development 2020- 2022) Projected average reduction 2023-2030 from 2020 baseline Calculation Appendix B: Implementation Table, B-1 APPENDIX B: IMPLEMENTATION TABLE The work plan in Table B-1 contains information to support staff and community implementation of the measures to effectively integrate them into budgets, the capital improvement program, and other programs and projects. The headings included in Table B-1 are defined as follows: Code: The abbreviation that is used to refer to the strategy in the CAP. Strategy/Action: The strategy language used to guide actions and the specific actions that will be used to implement the strategy. Lead Department: The lead Town department, division, or office responsible for implementing the measure. Note: Some actions may require involvement and collaboration by more than one department, division, or office. The Town Manager may assign or re-assign responsibilities, as necessary. • ADMIN (Town Manager) • PLN (Planning & Building) • PW (Public Works) • TBD (To Be Determined as Assigned by Town Manager) Time Frame: The year by which a measure should be effective by year’s end. For a measure to be effective, the necessary programs and efforts should be active, and any infrastructure or other capital improvements should be in place. Once effective, many measures will continue through 2030, so they do not have end dates. Time frames for effectively setting up the measures are described as follows: • Ongoing (continuation of an action that has been implemented) • Near-Term (by 2024) • Mid-Term (by 2027) • Long-Term (by 2030) Town Staff Time: The estimated cost to the Town (in staff hours) to complete implementation of the measure, identified as follows: • Low (less than 80 hours) • Medium (80–500 hours) • High (more than 500 hours) GHG Reductions (MTCO2e): Amount of GHG emissions reduced by 2030. If no amount is identified, either additional information is needed to quantify a GHG reduction amount or the action is supportive of another action, as described in the CAP. Key Metrics: Targets and datapoints that the Town will use to track progress and measure success. Appendix B: Implementation Table, B-1 TABLE B-1: IMPLEMENTATION TABLE CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS LOW CARBON TRANSPORTATION LCT-C1 Zero Emission Vehicles. Take actions that will result in at least 45% of passenger vehicles in the Tiburon to be zero emission vehicles (ZEVs), including plug- in electric vehicles (EVs) and hydrogen fuel cell electric vehicles, by 2030. Actions include: 6,340 Rate of ZEV adoption in Tiburon and Marin County. Target is 45%. 1. Support development of a countywide EV plan that can be adopted by all Marin jurisdictions that identifies strategies to accelerate EV adoption. The plan should identify the number and type of chargers needed in each jurisdiction to achieve a minimum 45% ZEV penetration target; potential locations for public, workplace, and multi-family charging; best practices for charging station siting, installation, and signage; and model code language and guides for permit streamlining and charging infrastructure requirements. PLN/PW Near-Term Low 13. Work with PG&E, MCE, Transportation Authority of Marin, and other entities to identify and develop multifamily and workplace charging sites appropriate for available incentive programs. PLN/PW Near-Term Medium Appendix B: Implementation Table, B-2 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS a. Conduct outreach to multifamily HOA associations and facilitate meetings with EV charging supply providers. b. Relax development standards to facilitate installation of EV chargers. c. Assist in applying for available grant funding and rebates. d. Contribute funding for grid infrastructure upgrades as needed. 3. Pursue opportunities to expand the Town’s EV charging network by identifying suitable Level 2 and Level 3 DC fast charging locations and considering innovative programs, such as streetlight and curbside charging to serve those who do not have access to home charging. a. Develop a private-public partnership and install Level 3 fast chargers at public locations, such as Blackie’s Pasture, sufficient to service near-term resident and visitor demand with expansion plans to service a projected Marin County population of 90,000 EVs in 2030. b. Assist in applying for available grant funding and rebates. PW Near-Term Medium Appendix B: Implementation Table, B-3 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS c. Contribute funding for grid infrastructure upgrades as needed. 4. Encourage and facilitate new electric vehicle charging stations in existing public and commercial parking lots. installation of Level 3 fast chargers in the Downtown as commercial properties are redeveloped. a. Facilitate meetings with property owners, developers, and EV charging equipment providers as new development is proposed. b. Provide concessions on development standards as needed to facilitate installation of fast chargers. c. Allow EV fast charging spaces to count towards the parking requirement for residential and commercial uses. d. Allow advertising to be delivered at EV chargers. e. Assist in applying for available grant funding and rebates. PW/PLN Near-Term Medium Appendix B: Implementation Table, B-4 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS f. Contribute funding for grid infrastructure upgrades as needed. g. Develop Level 3 fast chargers sufficient to service a projected Marin County population of 90,000 EVs by 2030. 5. Provide directional signage to public EV chargers on local streets and, as appropriate, from state highways. PW Near-Term Medium 6. Work with the Transportation Authority of Marin (TAM), MCE, the California Energy Commission (CEC) and other entities to provide technical assistance and incentives, such as rebates, for multi-family and workplace charging sites. PLN/PW Near-Term Low 7. Participate in a countywide effort by MCE, Pacific Gas & Electric (PG&E), and others to provide rebates for new or used electric vehicles. PLN/PW Near-Term Low 8. As the Town’s Green Building Ordinance is updated, require new and remodeled single-family, multi- family and commercial projects to install electrical service, add conduits and chargers, as appropriate, for potential electric vehicle use beyond state standards. a. Require all new multifamily PLN Near-Term Medium Appendix B: Implementation Table, B-5 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS development to provide one EV-ready parking space per unit and additional EV fast chargers that are accessible to the public. 9. Participate in regional efforts and grant programs to encourage widespread availability of EV charging stations. PLN / PW Near-Term Low 10. Participate in and provide funding for programs to promote EV adoption, including "Drive an EV" events and other media and outreach campaigns. ADMIN / PLN Near-Term Low 11. Encourage or require, as practicable, ride hailing and delivery service companies to utilize zero emission vehicles. ADMIN / PLN Mid-Term Low 12. Promote adoption of electric bicycles, scooters, and motorcycles. PLN / PW Near-Term Low LCT-C2 Bicycling and Micromobility Encourage bicycling and micromobility as an alternative to vehicular travel. 218 Complete projects identified in the Town’s General Plan and Bicycle and Pedestrian Master Plan. 0.03 miles of Class IV bike paths and 1.61 miles of Class II bike lanes constructed between by 2030. 1. Promote bicycling and micromobility, including e-bikes, electric scooters, and electric skateboards, through outreach channels and partner agencies. PLN / PW Near-Term Medium 2. Require new, remodeled, and expanded commercial, mixed use, and multifamily development to PLN Near-Term Medium Appendix B: Implementation Table, B-6 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS provide secure parking for electric bicycles. 25% reduction in residents’ vehicle trips that start and end in Tiburon. 3. Provide secure electric bicycle parking at Town parks and buildings. PW Near-Term Medium 4. Encourage schools, the library, and shopping centers to provide secure electric bicycle parking. PLN Near-Term Low 5. Establish and maintain a system of bicycle facilities that are consistent with the Tiburon Bicycle and Pedestrian Master Plan and “complete streets” policies. PW Long-Term High 6. Implement the Tiburon Bicycle and Pedestrian Master Plan’s recommendations to support and expand bicycling. PW Long-Term High 7. Update the Tiburon Bicycle and Pedestrian Master Plan to support the use of e-bikes, electric scooters, and electric skateboards, including easily accessible charging stations for them. PW Long-Term Medium LCT-C3 Walking. Encourage walking as an alternative to vehicular travel. 13 Complete projects identified in the Town’s Bicycle and Pedestrian Master Plan and complete streets policies. 2% reduction in VMT for vehicle trips that start and end in Tiburon by 2030 1. Establish and maintain a system of pedestrian facilities that are consistent with the Tiburon Bicycle and Pedestrian Master Plan and “complete streets” policies. PW Long-Term High 2. Implement the Tiburon Bicycle and Pedestrian Master Plan’s recommendations to support and expand walking. PW Long-Term High Appendix B: Implementation Table, B-7 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS LCT-C4 Safe Routes to School. Continue to support the Safe Routes to School Program and strive to increase bicycling, walking, carpooling (especially in a ZEV), and taking public transit to school. 49 Reduce school trips in family vehicle 29%, from an average of 50% to 35%. 3. Work with TAM and other organizations to promote school and student participation. ADMIN / PW Short-Term Low 4. Identify issues associated with unsafe bicycle and pedestrian facilities between neighborhoods and schools, apply for Safe Routes to School grants, and execute plans to improve pedestrian and bicycle facilities. PW Long-Term High LTC-C5 Public Transit. Support and promote public transit by taking the following actions: 68 33% of Marin Transit and Golden Gate Transit buses will be electric by 2030 and the remaining use renewable diesel. 1. Work with Marin Transit and Golden Gate Transit to maximize ridership through expansion and/or improvement of transit and ferry routes, schedules, and services. ADMIN / PW Mid-Term Medium 2. Support a “Yellow School Bus” program and student use of regular transit to reduce school traffic. ADMIN / PW Near-Term Low 3. Encourage transit providers, including school buses, to use renewable diesel as a transition fuel and to purchase electric buses whenever replacing existing buses. ADMIN/PW Near-Term Low Appendix B: Implementation Table, B-8 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS LCT-C6 Employee Trip Reduction. Reduce vehicle miles traveled commuting to work through the following actions: 11 Number and % of employers subject to requirement that are providing transportation demand programs to employees. Target is 100%. 1. Work with Transportation Authority of Marin (TAM), the Metropolitan Transportation Commission (MTC), and the Bay Area Air Quality Management District (BAAQMD) to promote transportation demand programs to local employers, such as rideshare matching programs, vanpool incentive programs, emergency ride home programs, telecommuting, transit use discounts and subsidies, showers and changing facilities, bicycle racks and lockers, and other incentives to use transportation other than single occupant vehicles. ADMIN / PLN Near-Term Low 2. Embark on a behavior change and educational campaign to encourage employees to reduce vehicle trips. ADMIN / PLN Near-Term Medium 3. Work with TAM on developing a county-wide Transportation Demand Management Program to encourage trip reduction throughout County. ADMIN / PLN Near-Term Low LTC-C7 Vehicle Idling. Encourage drivers and autonomous vehicles to limit vehicle idling through public outreach and engagement campaigns. ADMIN Near-Term Low n/a Projects completed. Outreach materials developed; type and frequency of outreach. LCT-C8 Smart Growth Development. Promote land use and development policies that prioritize infill housing and mixed-use PLN Long-Term High 326 Implement the updated Housing Element Appendix B: Implementation Table, B-9 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS development near commercial services and transit facilities. Achieve multifamily housing development on housing opportunity sites identified in the Town’s Housing Element 2023-2031 and apply existing inclusionary requirements for units affordable to lower-income households as applicable. LCT-C9 Zero Emission Landscape and Small Off- Road Equipment. Adopt an ordinance to require the use Encourage the use of zero emission landscape and small off- road equipment instead of gasoline and diesel-powered equipment in all residential and commercial areas. Equipment includes leaf blowers and vacuums, hedge trimmers, edgers, brush cutters, chainsaws, lawn mowers, chain saws (under 45 cc), pressure washers, and portable generators. ADMIN Near-Term Medium 372 100% of landscape equipment is electric by 2030. 4. Provide information on available rebates, such as the California Air Resources Board’s Clean Off-Road Equipment Voucher Incentive Project for small business and sole proprietary landscape professionals. 5. Consider offering an incentive for businesses to use zero emission landscape equipment such as a rebate on equipment purchases or discount on business license fees. 6. Explore building code modifications to support zero emission landscape equipment. PLN Mid-Term Medium Appendix B: Implementation Table, B-10 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS LCT-M1 Zero Emission Town Vehicles. Purchase or lease zero-emission vehicles for the Town fleet whenever feasible and when not, the most fuel-efficient models available. Strive to Achieve a 100% electric light duty vehicle fleet by 2030. ADMIN / PW Long-Term Medium 43 All light-duty vehicles in Town’s fleet are zero emission by 2030. LCT-M2 Low Carbon Fuels. Use low-carbon fuel such as renewable diesel as a transition fuel in the Town's fleet and encourage the Town's service providers and joint powers agencies to do the same until vehicles are replaced with zero-emissions vehicles. ADMIN / PW Near-Term Low 10 100% of diesel use is replaced with renewable diesel by 2030. LCT-M3 Town Employee Commute. Provide Town employees with incentives and/or reduce barriers to drive electric vehicles and use alternatives to single occupant auto commuting, such as discounted EV charging, transit and e-bike discounts and subsidies, secure bicycle facilities, showers and changing facilities, ridesharing services, vanpools, emergency ride home service, flexible schedules, and telecommuting when practicable. ADMIN Near-Term Medium 6 5.6% reduction in employee commute VMT by 2030. LCT-M4 Municipal Zero Emission Landscape Equipment and Small Off-Road Engines. Replace all gas-powered leaf blowers, mowers, brush cutters, hedgers, saws, and other landscape equipment and small off-road engines, including generators and pressure washers, with zero emission equipment. PW Long-Term Medium 9 Replace all small off- road equipment with electric versions by 2030. RE-C1 Renewable Energy Generation and Storage. Accelerate installation of 318 Solar energy installations continue Appendix B: Implementation Table, B-11 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS residential and commercial solar and other renewable energy systems and energy storage systems. to grow by an average of 446 KW DC each year through 2030. 1. Provide permit streamlining and reduce or eliminate fees, as feasible. 2. Update building codes, development codes, design guidelines, and zoning ordinances, as necessary, to facilitate small and medium-scale installations. PLN Near-Term Low 3. Encourage installation of solar panels over parking areas on commercial projects, public buildings such as schools and the Tiburon Library, and large-scale residential developments through ordinance, engagement campaigns, and/or agency incentives. PLN Mid-Term Medium 4. Identify and promote financing and loan programs for residential and non-residential projects. ADMIN/PLN Near-Term Low 5. Encourage installation of battery storage in conjunction with renewable energy generation projects through outreach and partner agency incentives. ADMIN/PLN Mid-Term Low 6. Encourage the use of non-fossil fuel generators now and adopt an ordinance phasing out the acquisition and use of fossil-fuel generators. ADMIN/PLN Mid-Term Medium 7. Collaborate with the County, Marin jurisdictions, agencies, and organizations, as appropriate, to ADMIN/PLN Mid-Term Low Appendix B: Implementation Table, B-12 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS study opportunities and specific action steps for expansion of rooftop solar and battery storage. RE-C2 GHG-Free Electricity. Encourage residents and businesses to switch to 100 percent renewable electricity (MCE Deep Green, MCE Local Sol, and PG&E Solar Choice) through engagement campaigns and partner agency incentives and work with MCE Clean Energy to assure that it reaches its goal to provide electricity that is 95 percent GHG-free by 2022. Target 15% of the electricity load to be Deep Green in 2030. ADMIN Near-Term Low 394 MCE Light Green electricity is 95% GHG- free by 2022 and MCE continues to provide a Deep Green 100% GHG-free alternative. 15% of MCE load is Deep Green, up from 5.4% in 2020. RE-C3 Building and Appliance Electrification. Accelerate electrification of building systems and appliances that currently use natural gas, including heating systems, hot water heaters, stoves, and clothes dryers. 1. Explore opportunities to continue existing rebate programs, such as Electrify Marin and BayREN, and promote them to the community by illustrating the financial and health benefits of electrification. ADMIN Near-Term Low 42 7 cooktops, 10 water heaters and 20 heating systems are replaced with electric versions by 2030. 2. Study alternatives and draft regulations for Council consideration that requires homeowners and landlords to replace natural gas appliances, such as water heaters, stoves, cooktops, clothes dryers, and heating systems with high-efficiency electric appliances at time of PLN Mid-Term Medium 1,021 24% of residential water heaters, 19% of residential cooktops, and 12% of residential dryers are replaced with high efficiency electric appliances. Appendix B: Implementation Table, B-13 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS replacement where feasible. Educate the public about the health hazards of owning and operating natural gas appliances and available incentives and rebates to replace them. 3. Prohibit the use of natural gas end uses in new residential buildings in the Town’s green building ordinance that aligns with the 2022 California Building Standards code update. Extend the same prohibition to new nonresidential buildings in the 2025 code cycle, if not earlier. PLN Near and Mid-Term Medium 970 Ordinance adopted. 4. Collaborate with the County’s work to update the Green Building Code and develop a model ordinance that all Marin jurisdictions can utilize in establishing requirements for new residential, multi-family, and commercial buildings and remodels and renovations be all-electric, thereby creating consistency across all jurisdictions. PLN Near-Term Medium Included above RE-C4 Innovative Technologies. Investigate and pursue innovative technologies such as micro-grids, battery storage, and demand-response programs that will improve local resilience and the electric grid’s resiliency and help to balance demand and renewable energy production in cooperation with local and regional partners such as MCE and PG&E, as feasible. 2. Build upon best practices identified by Drawdown Marin/Marin CAN, ADMIN / PLN & PW Mid-Term Low to High n/a Projects identified and completed. Appendix B: Implementation Table, B-14 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS such as the Marin microgrid project at the Fairfax Pavilion and develop a study on opportunities to create solar-powered resilience microgrids with battery storage for community use that would remain powered during an electric grid outage. RE-M1 Municipal 100% Renewable Electricity 0 Actions taken. 1. Install solar energy systems at municipal buildings and facilities where feasible and investigate and pursue innovative technologies such as battery storage and demand response programs. PW Long-Term High 2. Where feasible, replace natural gas appliances/equipment with electric and electrify all Town buildings and facilities, where feasible. PW Long-Term Medium 3. Continue to purchase 100% renewable energy for Town buildings, facilities, and vehicles through programs such as MCE Deep Green. ADMIN Ongoing Low EE-C1 Energy Efficiency Programs. Promote and expand participation in residential and commercial energy efficiency programs. 1,166 Natural gas consumption is reduced an average of 0.7% per year between 2020 and 2030. Electricity consumption is reduced an average of 0.6% per year between 2020 and 2030. 1. Work with organizations and agencies such as the Marin Energy Watch Partnership, the Bay Area Regional Network, MCE, Resilient Neighborhoods, and the Marin Climate & Energy Partnership to ADMIN/PLN Near-Term Medium Appendix B: Implementation Table, B-15 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS promote and implement energy efficiency programs and actions. 2. Continue and expand participation in energy efficiency programs as they become available. 3. Promote utility, state, and federal rebate and incentive programs. 4. Participate and promote financing and loan programs for residential and non-residential projects such as Property Assessed Clean Energy (PACE) programs, PG&E on-bill repayment, and California Hub for Energy Efficiency Financing (CHEEF) programs. EE-C2 Energy Audits and Retrofits. Investigate requiring energy audits for residential and commercial buildings at time of sale or major remodel. Requirements could include identification of electrification and energy efficiency opportunities and supporting programs could connect building owners to potential rebates and financing options. PLN Mid-Term Medium 40 34 housing units implement energy efficiency projects between 2025 and 2030 due to ordinance requiring energy audits at time of sale. EE-C3 Cool Pavement and Roofs. Use reflective, high albedo material for roadways, parking lots, sidewalks, and cool roofs to reduce the urban heat island effect and save energy. n/a Actions taken. 4. Evaluate the use of high albedo pavements when resurfacing Town streets or re-roofing Town facilities. PW Near-Term Medium 5. Adopt mandatory building code measures to require new development to use high albedo PLN Near-Term Medium Appendix B: Implementation Table, B-16 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS material for driveways, parking lots, walkways, and patios, and cool roofing. 6. Maintain and expand the use of urban tree cover for street-level temperature reduction. PW Near to Long-Term Medium EE-C4 Green Building Reach Code. 1. Adopt a green building ordinance for new and remodeled commercial and residential projects that requires green building methods, materials, and efficiency above the State building and energy codes. 2. Consider adoption of low embodied- carbon concrete standards similar to those adopted by the County. PLN Near and Mid-Term Medium n/a Code amendments adopted. EE-C5 Streamline Permit Process and Provide Technical Assistance. Analyze current green building permit and inspection process to eliminate barriers and provide technical assistance to ensure successful implementation of green building requirements. Work countywide to make it easier for contractors and building counter staff to simplify applications and identify incentives. PLN Near-Term Medium n/a Actions taken. EE-C6 Sustainable Building Materials Study alternatives and draft regulations that require use of Forest Stewardship Council certified material in new constructions, major remodels, and outdoor use and that prohibit use of non- certified old-growth and other materials. PLN Mid-Term Medium n/a Action taken. Appendix B: Implementation Table, B-17 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS EE-M1 Public Lighting. Replace remaining inefficient street, parking lot, and other outdoor lighting with LED fixtures. PW Long-Term High 0 Convert 268 streetlights to LED by 2030. EE-M2 Energy Efficiency Audit and Retrofits in Town Buildings and Facilities. Work with the Marin Energy Management Team to identify and implement energy efficiency projects in municipal buildings and facilities and electrification of existing building systems and equipment that use natural gas. PW Near-Term Medium 2 Complete energy efficiency projects by 2030: 1) Install energy- efficient lighting at Town Hall and Police Station; 2) replace heat pumps in Police Station; 3) install vending machine controller; 4) install window film or shade screens in Town Hall. EE-M3 Energy Conservation in Town Buildings. Reduce energy consumption through behavioral and operational changes. a. Establish energy efficiency protocols for building custodial and cleaning services and other employees, including efficient use of facilities, such as turning off lights and computers, thermostat use, etc. b. Incorporate energy management software, electricity monitors, or other methods to monitor energy use in municipal buildings, where feasible. ADMIN / PW Near-Term Medium 1 Reduce energy use in municipal buildings by 5%. WR-C1 Commercial Organic Waste. Work with Zero Waste Marin, the Town’s waste hauler, and nonprofits such as Extra Food to divert commercial organic waste from the landfill through recycling, PW Ongoing Medium 151 Outreach to covered businesses. 30% are correctly sorting and disposing all organic waste. Appendix B: Implementation Table, B-18 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS composting, and participation in waste- to-energy and food recovery programs. a. Conduct outreach and education to businesses subject to State organic waste recycling mandates (AB 1826 and SB 1383) and encourage or enforce compliance with the law. ADMIN Ongoing Medium b. Refer new and major remodel commercial and multi-family residential project proposals to the Town's waste hauler for review and comment and require projects to provide adequate waste and recycling facilities and access as feasible. PLN Ongoing Low c. Encourage and facilitate commercial and multi-family property owners to require responsible use of on-site recycling facilities in lease and rental agreements and to train and regularly evaluate janitorial, landscape, and other property management services. ADMIN/PW Ongoing Low d. Assess capacity of existing food recovery programs, expand existing food recovery infrastructure if needed, monitor commercial generators for compliance, and conduct education and outreach. ADMIN/PW Near-Term Medium WR-C2 Residential Organic Waste. Work with Zero Waste Marin, the Town’s waste hauler, and other organizations to educate and motivate residents to utilize ADMIN Ongoing Medium 508 50% diversion of residential organic waste. Appendix B: Implementation Table, B-19 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS curbside collection services and home composting for food waste. WR-C3 Construction & Demolition Debris and Self-Haul Waste. 59 75% diversion of C&D waste. 1. Require all loads of construction & demolition debris and self-haul waste to be processed for recovery of materials as feasible. PLN Ongoing 3. Investigate creation of an ordinance requiring deconstruction of buildings proposed for demolition or remodeling when materials of significant historical, cultural, aesthetic, functional or reuse value can be salvaged. PLN Mid-Term Medium WR-C4 Mandatory Waste Diversion. Adopt an ordinance requiring all commercial and residential accounts to subscribe to and fully participate in waste diversion activities, including recycling and organics collection provided by the Town’s waste hauler. Consider including phased implementation of the ordinance, penalties, and practical enforcement mechanisms. ADMIN Near-Term Medium 556 Increase commercial AB1826 compliance rate to 50% and increase residential organic waste diversion rate to 80% by 2030. WR-C5 Waste Processing Franchise Agreement and Infrastructure. 1. Review and revise the Town’s franchise agreement with its waste hauler to ensure adequate recycling and composting capacity is available ADMIN Long-Term High 532 Increase diversion rate of recoverable organic waste to 95% by 2030. Appendix B: Implementation Table, B-20 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS and waste reduction and diversion targets are met. 2. Ensure organic waste collection service (including green waste, food waste, fibers, and manure) that complies with SB 1383 regulations is provided to all residents and businesses. 3. Conduct a feasibility study (including cost estimate and estimated GHG reduction metrics) and consider investing in new solid waste processing infrastructure to remove recoverable materials (recycling and organics) from the waste stream and reduce contamination. 4. Require regular residential and commercial waste audits and waste characterization studies to identify opportunities for increased diversion and to track progress in meeting targets. WR-C6 Extended Producer Responsibility. 1. Encourage the State to regulate the production and packaging of consumer goods and take-back programs. 2. Encourage on-demand product and food delivery services to reduce packaging waste and investigate requirements and incentives for same through ordinance and/or engagement campaigns. ADMIN Medium- Term Low n/a Actions taken. Appendix B: Implementation Table, B-21 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS WR-C7 Inorganic Waste. n/a Actions taken. 1. Promote reuse, repair, and recycling of inorganic materials, and encourage reduced use of packaging and single use items through engagement campaigns. ADMIN Near-Term Low 2. Consider adopting a Reusable Foodware Ordinance. ADMIN Near-Term Ordinance is being considered by Town Council Medium WR-M1 Waste from Town Operations. Increase opportunities to reduce waste at Town facilities. 1. Embark on an educational and social marketing-based campaign to increase recycling, composting, reuse, and waste reduction at Town facilities. 2. Conduct periodic waste audits of Town facilities to understand where opportunities for increased diversion lie and to track progress. ADMIN/PW Near-Term Medium 24 75% of recoverable organic waste currently landfilled is diverted by 2030. WC-C1 Community Water Use. Reduce indoor and outdoor water use in residential and commercial buildings and landscaping. 1. Work with the water district and other organizations to promote water conservation programs and incentives. PLN Ongoing Low 2 1% annual water consumption reduction. Appendix B: Implementation Table, B-22 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS 2. Educate residents and businesses about local and State laws requiring retrofit of non-compliant plumbing fixtures during remodeling and at resale. 3. Ensure all projects requiring building permits, plan check, or design review comply with State and water district regulations. 4. Encourage the installation of greywater and rainwater collection systems and the use of recycled water where available through ordinance and/or engagement campaigns. WC-M1 Municipal Water Use. Reduce indoor and outdoor water use in municipal facilities and operations. 1. Replace high water use plants and inefficient irrigation systems with water-efficient landscaping. 2. Replace inefficient plumbing fixtures with high-efficiency fixtures. PW Ongoing Medium 0 12% reduction in water use. 3. Use recycled water as available and practicable for parks and outdoor landscaping. PW Long-Term High S-C1 Urban Forest. Increase carbon sequestration and improve air quality and natural cooling through expansion and enhancement of green spaces and increasing appropriate (e.g., native, drought-resistant, fire resilient) tree cover, other vegetation, and healthy soils in Tiburon. n/a Actions taken. Appendix B: Implementation Table, B-23 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS 1. Plant and maintain additional trees on Town-owned land, including public parks, open space, medians, and rights of way, where feasible. PW Long-Term Medium 2. Review parking lot landscape standards to maximize tree cover, size, growth, and sequestration potential. 3. Regulate and minimize removal of large (heritage) trees and require planting of replacement trees and/or fees to support mitigation planting in Tiburon’s parks and open space areas. Consider potential loss of carbon sequestration when removing trees and establishing tree replacement ratios. PLN Near-Term/ ongoing Low 4. Require that the site planning, construction, and maintenance of new development preserve existing healthy trees and native vegetation on site to the maximum extent feasible. Replace trees and vegetation not able to be saved with native/appropriate species. PLN Ongoing Medium 5. Encourage community members to plant native/appropriate trees on private land. Consider creating a tree giveaway event or providing lower- cost trees to the public through a bulk purchasing program. ADMIN/PLN/PW Mid-Term Medium 6. Encourage the creation of no-till community gardens and healthy soil management on public lands by ADMIN/PLN/PW Mid-Term Medium Appendix B: Implementation Table, B-24 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS community groups and private lands by individual homeowners. 7. Provide information to the public, including landscape companies, gardeners, and nurseries, on carbon sequestration rates, drought tolerance, and fire resistance of different tree species and vegetation, as well as healthy soil management. ADMIN/PLN Near-Term Medium 8. Collaborate with fire agencies and Marin County Open Space District, Marin Municipal Water District, and private property owners, to manage fire-prone trees and invasive species in the open space for forest health, water cycling, soil organic matter, and reduction of fuel load. ADMIN/PLN Near-Term Medium 9. Require new development, redevelopment, and infrastructure projects to implement best management practices as feasible, including low-impact development techniques, the minimal use of non- pervious surfaces in landscape design, and the integration of natural features into the project design, to naturally filter and biodegrade contaminants and to minimize surface runoff into drainage systems and creeks. PLN/PW Ongoing Low S-C2 Carbon Sequestration. Increase carbon sequestration in developed landscapes and open/natural areas. n/a Actions taken. Appendix B: Implementation Table, B-25 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS 1. Encourage and support composting to develop healthy, carbon-rich soils. PLN & ADMIN Near-Term Low 2. Manage parks and open spaces to steadily increase carbon in vegetation and soil. 3. Manage trees and invasive species in the open space for forest health, water cycling, and organic soil matter, as well as reduction of fuel load. 4. Work with the County to explore opportunities for carbon drawdown in aquatic environments, such as tidal wetlands, gullies, and bay. PW / PLN Long-Term High S-C3 Carbon Offsets. Reduce the impact of greenhouse gas emissions through the purchase of carbon offsets. 1. Identify and partner with local non- profit organizations and/or businesses that actively sequester carbon in their activities (e.g., climate-smart habitat restoration or regenerative agriculture like the Marin Carbon Project) to promote a carbon offset program. 2. To close any gap that remains between actual emissions and the reduction target, the Town will consider purchasing carbon offsets in 2030, and annually thereafter, to achieve a 50% reduction below 1990 levels in communitywide emissions. ADMIN Long-Term Low 2,263 Amount of offsets purchased in 2030. Actions taken. Appendix B: Implementation Table, B-26 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS Offsets should be purchased from a local program that sequesters carbon in Marin County, if available. 3. Encourage community members to purchase high quality carbon offsets that have been vetted and can be verified by credible authorities or organizations to reduce their carbon footprint through engagement campaigns. 4. Consider partnering with a local non- profit organization to promote an effective and reliable carbon offset program. 5. Focus on offsetting emissions that are difficult to mitigate otherwise, such as airplane travel. SA-C4 Building Materials Decrease GHG emissions associated with building materials and increase the use of building materials with the highest potential for carbon storage. 1. Encourage use of sustainable, climate- friendly building materials that store more carbon dioxide than is released in their production, through agency partnerships and engagement campaigns. PLN Mid-Term Low n/a Outreach materials developed; type and frequency of outreach. CE-C1 Community Education. Work with community-based organizations, such as Resilient Neighborhoods, to educate and motivate community members to start or continue to reduce GHG emissions in their homes, businesses, transportation ADMIN / PLN Near-Term Low 960 25 Tiburon households graduate from the Resilient Neighborhoods program each year Appendix B: Implementation Table, B-27 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS mode choices, and other activities, and increase community resilience through community-building activities. 6. Beginning in Fiscal Year 2023- 2024, provide annual funding to Resilient Neighborhoods (RN) to graduate 25 Tiburon households each year over existing levels. 7. Utilize the Town’s website, newsletter, social media channels, and counter handouts to publicize the RN program. 8. Partner with the Ranch to offer and promote the RN program as part of their community class offerings. 9. Request the library, schools, and homeowners’ associations to distribute RN program flyers. 10. Engage local community groups to sign up households for the RN program. between 2023 and 2030. Actions taken. Type and frequency of outreach. CE-C2 Community Outreach. Implement a communitywide public outreach and behavior change campaign to engage residents, businesses, and consumers around the impacts of climate change and the ways individuals and organizations can reduce their GHG emissions and create a more sustainable, resilient, and healthier community. Emphasize and encourage citizens' involvement in reaching the community's climate goals, including innovative means of tracking milestones and comparing ADMIN / PLN Mid-Term Medium n/a Actions taken. Outreach materials developed; type and frequency of outreach. Appendix B: Implementation Table, B-28 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS Tiburon's performance with other communities and with state, national, and global benchmarks. 7. Conduct outreach to a wide variety of neighborhood, business, educational, faith, service, and social organizations. 8. Inform the public about the benefits of installing energy and water efficient appliances and fixtures, electrifying homes and commercial buildings, installing solar energy systems, and purchasing 100% renewable electricity. 9. Inform the public about the benefits of using carbon-free and low-carbon transportation modes, such as driving electric vehicles, walking, bicycling, taking public transportation, and ridesharing. 10. Partner with MCE, PG&E, MMWD, Mill Valley Refuse, Transportation Authority of Marin, Marin Transit, Golden Gate Transit, and other entities to promote available financing, audits, rebates, incentives, and services to the Tiburon community. 11. Utilize the Town's website, newsletter, recognition programs, and other forms of public outreach. 12. Participate in countywide outreach and education efforts, such as Drawdown Marin. ADMIN/PLN Ongoing Medium Appendix B: Implementation Table, B-29 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS CE-C3 Advocacy. Advocate at the regional, state, and federal levels for policies and actions that support the rapid transition to GHG-free energy sources, electrification of buildings and the transportation fleet, and other impactful measures to rapidly reduce greenhouse gas emissions. ADMIN Long-Term Low n/a Actions taken. CE-C5 Green Businesses. Encourage local businesses to participate in the Marin County Green Business Program. ADMIN Near-Term Low n/a Number of participating Tiburon businesses. CE-C5 Innovation and Economic Development Participate in local economic development and innovation working groups to explore public-private partnerships and to develop ways to decarbonize the local economy while spurring sustainable enterprise and equitable employment. ADMIN Mid-Term Low n/a Actions taken. IM-C1 Annual Monitoring. Monitor and report on the Town’s progress annually. Create an annual priorities list for implementation using the Implementation Table in Appendix B. PLN Near-Term/ annually Medium n/a Progress reports and priorities list. IM-C2 Update GHG Emissions Inventories. Update the greenhouse gas emissions inventory for community emissions annually. PLN Near-Term/ annually Low n/a GHG emissions inventory reports. IM-C3 Funding Sources. Identify funding sources for recommended actions, and pursue local, regional, state, and federal grants as appropriate. Investigate ADMIN / PLN Long-Term High n/a Funds secured. Appendix B: Implementation Table, B-30 CODE STRATEGY/ACTION LEAD DEPARTMENT/ OFFICE TIME FRAME TOWN STAFF TIME GHG REDUCTION (MTCO2e) KEY METRICS creation of a local carbon fund or other permanent source of revenue to implement the Climate Action Plan. IM-C4 Update the Climate Action Plan. Update the Climate Action Plan regularly to incorporate new long-term reduction targets and strategies to meet those targets. PLN Long-Term Medium n/a Updated plan. IM-C5 Project Compliance Checklist Develop a project compliance checklist to used when reviewing development proposals, use permit applications, and building permits to ensure compliance with Climate Action Plan measures. PLN Near-Term Low n/a Develop checklist and post on website. IM-C6 Sustainability Coordinator Consider creating a part-time or shared full-time Sustainability Coordinator position or contracting with a consultant to implement the CAP. ADMIN Near-Term Medium n/a Hire Coordinator/ contractor. EXHIBIT 2 1 DRAFT RESOLUTION XX-2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON UPDATING THE TOWN’SCLIMATE ACTION PLAN AND ADOPTING THE TIBURON CLIMATE ACTION PLAN 2030 WHEREAS, there is broad scientific agreement that to stave off the worst effects of climate change, communities will need to reduce their greenhouse gas (GHG) emissions by 80% below 1990 levels by the year 2050 and drawdown climate warming GHG emissions such as carbon dioxide from the atmosphere to secure a safe future for us all; and WHEREAS, the Town of Tiburon recognizes that local governments play an important role in reducing greenhouse gas emissions in their municipal operations and communities, and mitigating the future impacts of climate change; and WHEREAS, in April 2011, the Town of Tiburon adopted a Climate Action Plan (CAP) with greenhouse gas emissions reduction programs designed to meet its goal to reduce emissions 15% below 2005 levels by 2020; and WHEREAS, a CAP is a document that contains goals, policies, and actions to reduce greenhouse gas emissions and identifies performance metrics to track progress; and WHEREAS, over the past decade, the Town has developed and implemented CAP projects and programs and has reduced its GHG emissions 29% below 2005 levels by 2020, significantly beyond its 2020 target; and WHEREAS, Senate Bill 32, the California Global Warming Solutions Act of 2006, established Statewide GHG emissions reduction targets of 40% below 1990 levels by 2030; and WHEREAS, Executive Order B-55-18 establishes a statewide goal to achieve carbon neutrality by 2045; and WHEREAS, the Tiburon CAP incorporates the Town's 2020 Greenhouse Gas (GHG) Emissions Inventory, which identifies the sources of greenhouse gas emissions generated by the community, and the Tiburon CAP estimates how these emissions might change over time under a business-as-usual forecast that utilizes regional forecasts; and WHEREAS, the Tiburon 20120 GHG Emissions Inventory shows more than half of community emissions comes from passenger vehicles, and the CAP identifies building out the public and private electric vehicle charging infrastructure and encouraging electric vehicle ownership as the most impactful way to reduce transportation emissions; and WHEREAS, the Tiburon 2020 GHG Emissions Inventory shows that the second greatest source of Tiburon’s emissions comes from the combustion of natural gas in the built environment, and the CAP states that encouraging energy efficiency upgrades and adopting more 2 green building standards, including electrifying all commercial and residential appliances and heating systems for new construction and remodels, will help the Town meet its reduction target; and WHEREAS, the Tiburon CAP focuses on the efforts Tiburon can make to reduce its greenhouse gas emissions and mitigate, to the extent feasible at the local level, the impacts of climate change; and WHEREAS, the Tiburon CAP provides strategies and specific actions for energy use, transportation, waste, water, and natural systems that substantial evidence demonstrates, if fully implemented, will collectively achieve the targeted emissions level for the year 2030; and WHEREAS, the strategies and specific actions of the Tiburon CAP are developed in collaboration with the Marin Climate and Energy Partnership and are based upon the best practices and state-of-art approaches implemented and adopted by communities throughout the region to address GHG reduction, including Belvedere, Larkspur, San Rafael, San Anselmo, Fairfax, and the County of Marin; and WHEREAS, the Tiburon CAP identifies state and local strategies to reduce emissions 50% below 1990 emissions by 2030, which exceeds the State's 2030 goal; and WHEREAS, the Tiburon CAP demonstrates how continued implementation of the CAP actions will achieved carbon neutrality by 2045; and WHEREAS, a Draft CAP was released for public review on December 23, 2021, and was the subject of a community workshop held on sustainability on January 25, 2022 and an online survey conducted between January 26 and February 24, 2022; and WHEREAS, the Draft CAP was substantially revised to incorporate public comment provided through April 14, 2022; and WHEREAS, the Draft CAP was presented to the Town Council on June 15 and September 21, 2022. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby resolve, declare, determine and order as follows: 1. The recitals above are found to be true and correct and constitute the findings of the Town Council made in support of this resolution. 2. Approves the Tiburon Climate Action Plan 2030 as referenced in this resolution; and 3. Declares that adoption of the Tiburon Climate Action Plan 2030 (CAP) is exempt from environmental review under section 15307 of the California Environmental Quality Act (CEQA Guidelines, which exempts "Actions by regulatory agencies for protection of natural resources." In addition, adoption of the CAP is exempt under the under CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. 3 IT IS HEREBY CERTIFIED that the Town Council of the Town of Tiburon duly introduced and regularly adopted the foregoing resolution at a regular meeting held on September 21, 2022, by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: JON WELNER, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK From:Pat Carlone To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Dina Tasini; Lea Dilena; Lea Dilena; christine.o@comcast.net Subject:Draft Climate Action Plan (for Town Council Meeting, September 21, 2022) Date:Monday, September 19, 2022 10:46:50 PM Some people who received this message don't often get email from pcarlone@hotmail.com. Learnwhy this is important 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 Jon Welner, Vice Mayor John Ryan, and Town Council members AliceFredericks, Noah Griffin, and Holli Thier, I am writing this note to thank you and commend you for the very strong Climate ActionPlan that you have drafted. It puts Tiburon in a leadership role of demonstrating to othermunicipalities in our state of what actions are needed and that can be adopted now. Inparticular, kudos for establishing these goals and commitments: 50% GHG emission reduction goal – below 1990 levels by 2030. 45% EV adoption goal by 2030 (on par with the County’s commitment for morepublic fast chargers). Facilitating the installation of Level 3 fast chargers for EVs at public locations such asBlackies Pasture and at commercial properties Downtown.Requiring all new multi-family development (MUDs) to provide one EV-ready parkingspace per unit and additional EV fast chargers that are accessible to the public. Commitment to adopt a Green Building Code in early 2023 requiring all-electricbuildings for new construction and remodeling.A (shared) Sustainability Coordinator to drive and oversee implementation (this is sogreat!).Commitment to upping community engagement efforts through aggressive supportfor Resilient Neighborhoods. In November, I'll be ending my three-year term as a member of the ResilientNeighborhoods Board, so I am especially pleased to see your explicit commitment toencourage Tiburon households to join Resilient Neighborhood workshops -- proven to bea most effective way to bring about necessary changes to our living habits and at the sametime build strong neighborhood community for enduring increasing climate emergencies. Last year I joined Sanna Thomas and Pat Goss to mobilize community support for adoption of aTiburon Climate Emergency Resolution, and later to urge the Tiburon Town Council to adopt astrong Climate Action Plan. I join with them now and with others who participated in these efforts to thank you, Tiburon Town Council, for demonstrating such strong leadership. Pat CarloneMember of Congregation Kol Shofar, Tiburon Marin Interfaith Climate Action (MICA)Board Member, Resilient Neighborhoods From:John Thomas To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Dina Tasini; Lea Dilena; Lea Dilena; christine.o@comcast.net Subject:Draft CAP on 9/21 Town Council agenda Date:Tuesday, September 20, 2022 7:48:39 AM [Some people who received this message don't often get email from jthom3815@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe. > Dear Mayor Welner, Vice Mayor Ryan, and Council Members Fredericks, Griffin and Thier,>> I am writing to you once again as a member of the local Tiburon Climate Action Committee --- this time tosincerely thank you for listening to our ideas and incorporating all of our main recommendations into the latest draftCAP. The Town's staff and planning consultant have made it an exemplary document that others can and shouldborrow from!>> As I've said before, as a researcher and program evaluator, I am especially glad to see the improvements to theImplementation Table. Thank you for all the work that went into creating that and will go into monitoring andupdating it.>> I thank you as well for adopting our climate group's recommendation that a shared (or part time) position ofSustainability Coordinator be established to drive timely implementation of the new CAP. Given how stretchedTiburon's current staff already are, it will be invaluable to have someone charged with overseeing the CAP andmaking sure we reach, or better yet, exceed our goals and targets.>> Thank you again for demonstrating such strong leadership for climate action. > John W. Thomas, Ph.D Sent from my iPhone From:Sanna Thomas To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Lea Dilena; Lea Dilena; Dina Tasini; Christine O"Rourke; Samantha Bonifacio Subject:RE: Draft CAP on the Sept 21st Town Council agenda Date:Tuesday, September 20, 2022 1:32:20 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Welner, Vice Mayor Ryan, and Council Members Fredericks, Griffin and Thier, On behalf of my whole Tiburon family as well as our Tiburon Climate Action Committee, Iwant to express my heartfelt appreciation for hearing us out and deciding to include all of our major recommendations and requests into this new draft of the town's Climate Action Plan(CAP). I am so thrilled and grateful for all the ways you have improved the CAP and made it a shining example for other communities trying to address the all-important challenge ofclimate change. Your courage and farsightedness are deeply appreciated! In particular, I commend you for including these measures and stating many of them early and clearly in the Executive Summary: adoption of a 50% GHG reduction target below 1990 levels by 2030 adoption of a 45% ZEV adoption rate, which is similar to the County's commitment to expand the Town's public charging network with Level 2 and 3 DC fast chargersrequirements that all new MUDs provide one EV-ready parking space per unit and additional fast chargers accessible to the publicpromotion and support of electric bicycles with secure parking readiness to adopt ordinances requiring all new construction and major remodels to beall-electric, and replacement of natural gas appliances and heating systems upon burnout with electric versionsprohibition of all small gas and diesel-powered landscape and off-road equipment readiness to contribute funding to grid infrastructure upgradesIn sum, and carbonoffsets as needed commitment to advocate at the state and federal levels for policies andactions supporting a rapid transition away from fossil fuels to electrification inclusion of an Implementation Table and creation of a shared/part time SustainabilityCoordinator to drive and monitor implementation commitment to recruit 25 households for Resilient Neighborhoods (which I just re-didthis summer!) I could go on and on..... In sum, I can't thank you enough for providing critical leadership and great service by movingthe needle with this new CAP and making us proud to be members of the Tiburon community! Sanna -- Sanna Randolph Thomas, Ed.D From:Don Mathews To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Lea Dilena; Dina Tasini; Christine O’Rourke Subject:Fwd: new CAP draft on the Council"s agenda!! Date:Tuesday, September 20, 2022 2:18:27 PM [Some people who received this message don't often get email from donaldommm@hotmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe. Thank you to everyone who has helped create a strong Climate Action Plan in Tiburon! Sanna Thomas has calledTiburon’s latest draft CAP “a courageous 'profile in climate courage' and a shining beacon and bold example forother communities.” This is an important effort to make Tiburon a leader in climate action, and will help us dealwith the daunting challenge of significantly reducing future greenhouse gas emissions that are posing such big risksto a safe and stable climate and sustainable existence. Your efforts to take this eminently responsible action areappreciated! Don Mathews, a concerned Tiburon resident From:Julie King To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Lea Dilena; Dina Tasini; Lea Dilena; christine.o@comcast.net Subject:Draft Climate Action Plan, for Council Meeting on Sept. 21 Date:Tuesday, September 20, 2022 6:44:51 PM Some people who received this message don't often get email from julie@julieking.org. Learn whythis is important 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 members of the Tiburon Town Council and staff, I am a resident of Tiburon, as well as a member of the Tiburon Climate Action Committee, and I'm writing to THANK YOU for being so receptive to our recommendations for improvements to the CAP update --- and for going even further to make Tiburon's new CAP the model for other communities who want to take a bold stand against climate change and to devise innovative strategies for effective climate action. I am unable to attend the council meeting tomorrow (Sept. 21) to thank you in person, but please know that your bold resolution to address this urgent issue is much appreciated! Sincerely, Julie King -- Julie KingParent Educator415-843-1567julieking(dot)org Co-author with Joanna Faber of: How To Talk So LITTLE Kids Will Listen: A Survival Guide to Life with Children Ages 2 - 7. #1 Best Seller in the U.S. and Canada. Available wherever books are sold, including here. How To Talk When Kids Won't Listen: Whining, Fighting, Meltdowns, Defiance, and other Challenges of Childhood. Our second book is out! Available wherever you buy books, including HERE. The app HOW TO TALK: Parenting Tips in Your Pocket brings all the parenting tools from How To Talk to your fingertips when you need them. Available for iOS and Android. Parenting Hero app is also available for iOS and Android. Practice the How To Talk approach in this interactive game. From:Aimée Lapic To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Dina Tasini; Lea Dilena; Lea Dilena; christine.o@comcast.net Subject:Sept 21st Tiburon Town Council meeting concerning draft Climate Action Plan Date:Tuesday, September 20, 2022 7:25:51 PM Attachments:image001.png You don't often get email from aimee.lapic@hannaandersson.com. Learn why this is important 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 Welner, Vice Mayor Ryan, and Council Members Fredericks, Griffin and Thier, As a member of the Tiburon Climate Action Committee (and a mother of three children- Harrison, Jack and Eloise), I want to say how deeply I appreciate you and your staff for listening to us and including all of our main recommendations into the new draft of the Climate Action Plan. It's amazing to be a part of the Tiburon community with town leaders, such as yourselves, who understand the emergency nature of the climate crisis and are ready to address it with courage and vision. Iespecially appreciate that the new draft includes: - 50% GHG emission reduction goal below 1990 levels by 2030 - 45% EV adoption goal, on par with the County’s- commitment to put in more fast chargers in public areas to encourage and support that EV adoption goal - commitment to adopt a Green Building Code in early 2023 that requires all new construction and major remodels to be all-electric, and all new multi-familydevelopment to provide one EV-ready charging parking space per unit - the creation of a shared/part time Sustainability Coordinator position to drive and monitor implementation And, the one that I particularly think will help us continue to make progress in a timely manner, the Implementation Table laying out a work plan with responsibilities and deadlines (as I said on our call earlier this year, in my experience, what gets measured, gets managed.) Thank you so much for being a leader for the County and State on climate change! Best,Aimée Aimée Lapic (She/Her) Chief Executive Officer The information transmitted by this email is intended only for the person or entity to which it is addressed.This email may contain proprietary or confidential material. If you are not the intended recipient of thismessage, any use, distribution, or reproduction of this message is strictly prohibited. If you received this inerror, please contact the sender and delete the material from all your devices. From:shirley huang To:Jon Welner; Jack Ryan; Alice Fredericks; Holli Thier; Noah Griffin Cc:Lea Dilena; Greg Chanis; Lea Dilena; Dina Tasini; Christine O"Rourke; Samantha Bonifacio Subject:CAP on the Sept 21st Town Council agenda Date:Wednesday, September 21, 2022 11:03:02 AM You don't often get email from shriljh1919@yahoo.com. Learn why this is important 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 Welner, Vice Mayor Ryan, and Council Members Fredericks, Griffin, and Thier, Thank you sincerely for Tiburon's Climate Action Plan update. I commend you for acknowledging the imperative to limit greenhouse gas emissions (GGE) as much as possibleand as soon as possible, to in turn limit global temperature rise and prevent the onset of irreversible tipping points. Each ton of greenhouse gas emission eliminated matters, eachdegree of temperature rise matters, each action matters. Therefore, I am pleased at the adoption of 50% GHG reduction below 1990 levels as the 2030 target. And becausetransportation is our main measurable CO2 generator, adoption of the 45% ZEV adoption rate is also key. The Wall Street Journal reported yesterday (9/20/22) that nearly 30% of all passenger carssold in China in August were electric or plug-in vehicles. The China Passenger Car Association predicts that the nation willsell 6.5 million electric and plug-in hybrid vehicles this year. The Chinese government said earlier this year it wanted new-energy vehicles to take up 20% of market share by 2025, but that figure was surpassed in August, when nearly 30% of allpassenger cars sold used new energy. The passenger car association predicts new-energy cars will take up 55% market share by 2025. This is not to say that we should emulate their methods but only that change is possible!Tiburon residents enjoying relative wealth have a role to play as early adopters and trend setters, leading the way for more economical vehicles to follow and supporting relatedAmerican industries. I look forward to more all electric households and to 100% of electricity to be non-fossil fuel based. The installation of heating and cooling heat pumps can prevent an uptick in purchasesof air conditioners which use refrigerants that are powerful greenhouse gas emitters. Electric ranges can replace polluting gas ranges which are associated with increased rates of childhoodasthma. Electric landscape equipment is less polluting and also quieter. Tiburon is addressing the climate emergency and also supporting public health. An article in the New England Journal of Medicine noted that children are vulnerable to exposure to airpollution and climate change, especially disadvantaged children. The data are compelling that the toll on children and pregnant women from fossil-fuel–driven climate change and air pollution is large and growing, affecting immediate and long-term health. (June 16, 2022, N Engl J Med 2022; 386:2303-2314) I appreciate that the Climate Action Plan includes community participation througheducational outreach, Resilient Neighborhoods, and advocacy at state and federal levels. The Sustainability Coordinator primarily will drive and monitor implementation of the plan, andmay also interface with various Tiburon groups. It was a pleasure to be part of the community Tiburon Climate Action Committee, led by Sanna Thomas, to arrive at this document. I am grateful to the Town Council, the Consultant,the Town Clerk, and all who worked on the Climate Action Plan. Thank you for your leadership in setting Tiburon's goals and laying out our roadmap and for your continueddedication as the Climate Action Plan is implemented. Sincerely, Dr. Shirley J. Huang From:Shiriel King Abramson To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Lea Dilena; Dina Tasini; Lea Dilena; christine.o@comcast.net Subject:Draft Climate Action Plan, for Council Meeting today Date:Wednesday, September 21, 2022 12:59:11 PM Some people who received this message don't often get email from skingabramson@gmail.com.Learn why this is important 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 members of the Tiburon Town Council and staff, I am a resident of Tiburon, as well as a member of the Tiburon Climate Action Committee, and I'm writing to THANK YOU for being so receptive to our recommendations for improvements to the CAP update --- and for going even further to make Tiburon's new CAP the model for other communities who want to take a bold stand against climate change and to devise innovative strategies for effective climate action. I am unable to attend the council meeting today to thank you in person, but please know that I deeply appreciate your bold resolution to address this urgent and important issue! Sincerely, Shiriel Tiburon Town Council September 21, 2022 AI-1: Climate Action Plan Late Mail Requests for Copies: Lea Dilena, ldilena@townoftiburon.org From:Pat Carlone To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Dina Tasini; Lea Dilena; Lea Dilena; christine.o@comcast.net Subject:Draft Climate Action Plan (for Town Council Meeting, September 21, 2022) Date:Monday, September 19, 2022 10:46:50 PM Some people who received this message don't often get email from pcarlone@hotmail.com. Learnwhy this is important 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 Jon Welner, Vice Mayor John Ryan, and Town Council members AliceFredericks, Noah Griffin, and Holli Thier, I am writing this note to thank you and commend you for the very strong Climate ActionPlan that you have drafted. It puts Tiburon in a leadership role of demonstrating to othermunicipalities in our state of what actions are needed and that can be adopted now. Inparticular, kudos for establishing these goals and commitments: 50% GHG emission reduction goal – below 1990 levels by 2030. 45% EV adoption goal by 2030 (on par with the County’s commitment for morepublic fast chargers). Facilitating the installation of Level 3 fast chargers for EVs at public locations such asBlackies Pasture and at commercial properties Downtown.Requiring all new multi-family development (MUDs) to provide one EV-ready parkingspace per unit and additional EV fast chargers that are accessible to the public. Commitment to adopt a Green Building Code in early 2023 requiring all-electricbuildings for new construction and remodeling.A (shared) Sustainability Coordinator to drive and oversee implementation (this is sogreat!).Commitment to upping community engagement efforts through aggressive supportfor Resilient Neighborhoods. In November, I'll be ending my three-year term as a member of the ResilientNeighborhoods Board, so I am especially pleased to see your explicit commitment toencourage Tiburon households to join Resilient Neighborhood workshops -- proven to bea most effective way to bring about necessary changes to our living habits and at the sametime build strong neighborhood community for enduring increasing climate emergencies. Last year I joined Sanna Thomas and Pat Goss to mobilize community support for adoption of aTiburon Climate Emergency Resolution, and later to urge the Tiburon Town Council to adopt astrong Climate Action Plan. I join with them now and with others who participated in these efforts to thank you, Tiburon Town Council, for demonstrating such strong leadership. Pat CarloneMember of Congregation Kol Shofar, Tiburon Marin Interfaith Climate Action (MICA)Board Member, Resilient Neighborhoods From:John Thomas To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Dina Tasini; Lea Dilena; Lea Dilena; christine.o@comcast.net Subject:Draft CAP on 9/21 Town Council agenda Date:Tuesday, September 20, 2022 7:48:39 AM [Some people who received this message don't often get email from jthom3815@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe. > Dear Mayor Welner, Vice Mayor Ryan, and Council Members Fredericks, Griffin and Thier,>> I am writing to you once again as a member of the local Tiburon Climate Action Committee --- this time tosincerely thank you for listening to our ideas and incorporating all of our main recommendations into the latest draftCAP. The Town's staff and planning consultant have made it an exemplary document that others can and shouldborrow from!>> As I've said before, as a researcher and program evaluator, I am especially glad to see the improvements to theImplementation Table. Thank you for all the work that went into creating that and will go into monitoring andupdating it.>> I thank you as well for adopting our climate group's recommendation that a shared (or part time) position ofSustainability Coordinator be established to drive timely implementation of the new CAP. Given how stretchedTiburon's current staff already are, it will be invaluable to have someone charged with overseeing the CAP andmaking sure we reach, or better yet, exceed our goals and targets.>> Thank you again for demonstrating such strong leadership for climate action. > John W. Thomas, Ph.D Sent from my iPhone From:Sanna Thomas To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Lea Dilena; Lea Dilena; Dina Tasini; Christine O"Rourke; Samantha Bonifacio Subject:RE: Draft CAP on the Sept 21st Town Council agenda Date:Tuesday, September 20, 2022 1:32:20 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Welner, Vice Mayor Ryan, and Council Members Fredericks, Griffin and Thier, On behalf of my whole Tiburon family as well as our Tiburon Climate Action Committee, Iwant to express my heartfelt appreciation for hearing us out and deciding to include all of our major recommendations and requests into this new draft of the town's Climate Action Plan(CAP). I am so thrilled and grateful for all the ways you have improved the CAP and made it a shining example for other communities trying to address the all-important challenge ofclimate change. Your courage and farsightedness are deeply appreciated! In particular, I commend you for including these measures and stating many of them early and clearly in the Executive Summary: adoption of a 50% GHG reduction target below 1990 levels by 2030 adoption of a 45% ZEV adoption rate, which is similar to the County's commitment to expand the Town's public charging network with Level 2 and 3 DC fast chargersrequirements that all new MUDs provide one EV-ready parking space per unit and additional fast chargers accessible to the publicpromotion and support of electric bicycles with secure parking readiness to adopt ordinances requiring all new construction and major remodels to beall-electric, and replacement of natural gas appliances and heating systems upon burnout with electric versionsprohibition of all small gas and diesel-powered landscape and off-road equipment readiness to contribute funding to grid infrastructure upgradesIn sum, and carbonoffsets as needed commitment to advocate at the state and federal levels for policies andactions supporting a rapid transition away from fossil fuels to electrification inclusion of an Implementation Table and creation of a shared/part time SustainabilityCoordinator to drive and monitor implementation commitment to recruit 25 households for Resilient Neighborhoods (which I just re-didthis summer!) I could go on and on..... In sum, I can't thank you enough for providing critical leadership and great service by movingthe needle with this new CAP and making us proud to be members of the Tiburon community! Sanna -- Sanna Randolph Thomas, Ed.D From:Don Mathews To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Lea Dilena; Dina Tasini; Christine O’Rourke Subject:Fwd: new CAP draft on the Council"s agenda!! Date:Tuesday, September 20, 2022 2:18:27 PM [Some people who received this message don't often get email from donaldommm@hotmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe. Thank you to everyone who has helped create a strong Climate Action Plan in Tiburon! Sanna Thomas has calledTiburon’s latest draft CAP “a courageous 'profile in climate courage' and a shining beacon and bold example forother communities.” This is an important effort to make Tiburon a leader in climate action, and will help us dealwith the daunting challenge of significantly reducing future greenhouse gas emissions that are posing such big risksto a safe and stable climate and sustainable existence. Your efforts to take this eminently responsible action areappreciated! Don Mathews, a concerned Tiburon resident From:Julie King To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Lea Dilena; Dina Tasini; Lea Dilena; christine.o@comcast.net Subject:Draft Climate Action Plan, for Council Meeting on Sept. 21 Date:Tuesday, September 20, 2022 6:44:51 PM Some people who received this message don't often get email from julie@julieking.org. Learn whythis is important 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 members of the Tiburon Town Council and staff, I am a resident of Tiburon, as well as a member of the Tiburon Climate Action Committee, and I'm writing to THANK YOU for being so receptive to our recommendations for improvements to the CAP update --- and for going even further to make Tiburon's new CAP the model for other communities who want to take a bold stand against climate change and to devise innovative strategies for effective climate action. I am unable to attend the council meeting tomorrow (Sept. 21) to thank you in person, but please know that your bold resolution to address this urgent issue is much appreciated! Sincerely, Julie King -- Julie KingParent Educator415-843-1567julieking(dot)org Co-author with Joanna Faber of: How To Talk So LITTLE Kids Will Listen: A Survival Guide to Life with Children Ages 2 - 7. #1 Best Seller in the U.S. and Canada. Available wherever books are sold, including here. How To Talk When Kids Won't Listen: Whining, Fighting, Meltdowns, Defiance, and other Challenges of Childhood. Our second book is out! Available wherever you buy books, including HERE. The app HOW TO TALK: Parenting Tips in Your Pocket brings all the parenting tools from How To Talk to your fingertips when you need them. Available for iOS and Android. Parenting Hero app is also available for iOS and Android. Practice the How To Talk approach in this interactive game. From:Aimée Lapic To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Dina Tasini; Lea Dilena; Lea Dilena; christine.o@comcast.net Subject:Sept 21st Tiburon Town Council meeting concerning draft Climate Action Plan Date:Tuesday, September 20, 2022 7:25:51 PM Attachments:image001.png You don't often get email from aimee.lapic@hannaandersson.com. Learn why this is important 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 Welner, Vice Mayor Ryan, and Council Members Fredericks, Griffin and Thier, As a member of the Tiburon Climate Action Committee (and a mother of three children- Harrison, Jack and Eloise), I want to say how deeply I appreciate you and your staff for listening to us and including all of our main recommendations into the new draft of the Climate Action Plan. It's amazing to be a part of the Tiburon community with town leaders, such as yourselves, who understand the emergency nature of the climate crisis and are ready to address it with courage and vision. Iespecially appreciate that the new draft includes: - 50% GHG emission reduction goal below 1990 levels by 2030 - 45% EV adoption goal, on par with the County’s- commitment to put in more fast chargers in public areas to encourage and support that EV adoption goal - commitment to adopt a Green Building Code in early 2023 that requires all new construction and major remodels to be all-electric, and all new multi-familydevelopment to provide one EV-ready charging parking space per unit - the creation of a shared/part time Sustainability Coordinator position to drive and monitor implementation And, the one that I particularly think will help us continue to make progress in a timely manner, the Implementation Table laying out a work plan with responsibilities and deadlines (as I said on our call earlier this year, in my experience, what gets measured, gets managed.) Thank you so much for being a leader for the County and State on climate change! Best,Aimée Aimée Lapic (She/Her) Chief Executive Officer The information transmitted by this email is intended only for the person or entity to which it is addressed.This email may contain proprietary or confidential material. If you are not the intended recipient of thismessage, any use, distribution, or reproduction of this message is strictly prohibited. If you received this inerror, please contact the sender and delete the material from all your devices. From:shirley huang To:Jon Welner; Jack Ryan; Alice Fredericks; Holli Thier; Noah Griffin Cc:Lea Dilena; Greg Chanis; Lea Dilena; Dina Tasini; Christine O"Rourke; Samantha Bonifacio Subject:CAP on the Sept 21st Town Council agenda Date:Wednesday, September 21, 2022 11:03:02 AM You don't often get email from shriljh1919@yahoo.com. Learn why this is important 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 Welner, Vice Mayor Ryan, and Council Members Fredericks, Griffin, and Thier, Thank you sincerely for Tiburon's Climate Action Plan update. I commend you for acknowledging the imperative to limit greenhouse gas emissions (GGE) as much as possibleand as soon as possible, to in turn limit global temperature rise and prevent the onset of irreversible tipping points. Each ton of greenhouse gas emission eliminated matters, eachdegree of temperature rise matters, each action matters. Therefore, I am pleased at the adoption of 50% GHG reduction below 1990 levels as the 2030 target. And becausetransportation is our main measurable CO2 generator, adoption of the 45% ZEV adoption rate is also key. The Wall Street Journal reported yesterday (9/20/22) that nearly 30% of all passenger carssold in China in August were electric or plug-in vehicles. The China Passenger Car Association predicts that the nation willsell 6.5 million electric and plug-in hybrid vehicles this year. The Chinese government said earlier this year it wanted new-energy vehicles to take up 20% of market share by 2025, but that figure was surpassed in August, when nearly 30% of allpassenger cars sold used new energy. The passenger car association predicts new-energy cars will take up 55% market share by 2025. This is not to say that we should emulate their methods but only that change is possible!Tiburon residents enjoying relative wealth have a role to play as early adopters and trend setters, leading the way for more economical vehicles to follow and supporting relatedAmerican industries. I look forward to more all electric households and to 100% of electricity to be non-fossil fuel based. The installation of heating and cooling heat pumps can prevent an uptick in purchasesof air conditioners which use refrigerants that are powerful greenhouse gas emitters. Electric ranges can replace polluting gas ranges which are associated with increased rates of childhoodasthma. Electric landscape equipment is less polluting and also quieter. Tiburon is addressing the climate emergency and also supporting public health. An article in the New England Journal of Medicine noted that children are vulnerable to exposure to airpollution and climate change, especially disadvantaged children. The data are compelling that the toll on children and pregnant women from fossil-fuel–driven climate change and air pollution is large and growing, affecting immediate and long-term health. (June 16, 2022, N Engl J Med 2022; 386:2303-2314) I appreciate that the Climate Action Plan includes community participation througheducational outreach, Resilient Neighborhoods, and advocacy at state and federal levels. The Sustainability Coordinator primarily will drive and monitor implementation of the plan, andmay also interface with various Tiburon groups. It was a pleasure to be part of the community Tiburon Climate Action Committee, led by Sanna Thomas, to arrive at this document. I am grateful to the Town Council, the Consultant,the Town Clerk, and all who worked on the Climate Action Plan. Thank you for your leadership in setting Tiburon's goals and laying out our roadmap and for your continueddedication as the Climate Action Plan is implemented. Sincerely, Dr. Shirley J. Huang From:Shiriel King Abramson To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier Cc:Greg Chanis; Lea Dilena; Dina Tasini; Lea Dilena; christine.o@comcast.net Subject:Draft Climate Action Plan, for Council Meeting today Date:Wednesday, September 21, 2022 12:59:11 PM Some people who received this message don't often get email from skingabramson@gmail.com.Learn why this is important 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 members of the Tiburon Town Council and staff, I am a resident of Tiburon, as well as a member of the Tiburon Climate Action Committee, and I'm writing to THANK YOU for being so receptive to our recommendations for improvements to the CAP update --- and for going even further to make Tiburon's new CAP the model for other communities who want to take a bold stand against climate change and to devise innovative strategies for effective climate action. I am unable to attend the council meeting today to thank you in person, but please know that I deeply appreciate your bold resolution to address this urgent and important issue! Sincerely, Shiriel TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Approval of Main Street Closure on Saturday, October 22 as part of Diwali Celebration Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider approval of a Main Street closure on Saturday, October 22 as part of local Diwali Celebration. RECOMMENDED ACTION(S) 1. Approve closure of Main Street on Saturday, October 22, 2022 from 2:00 p.m. to 8:00 p.m. for the Diwali Celebration; or 2. If the Council is not prepared to make a decision at this time, direct staff as to what information is necessary for the Council to consider the request at a future meeting; or 3. Deny the request for the proposed street closure. BACKGROUND The Diversity Inclusion Task Force has organized a Diwali Celebration event to take place downtown on October 22, 2022. The event organizers have requested to close a portion of Main Street from 2:00 p.m. to 8:00 p.m. on Saturday, October 22 for the event. The street closure will provide for entertainment to be held in a larger area, including pop-up tents, tables, chairs, and an expanded area for people to move about. ANALYSIS The organizers request to close only lower Main Street with barricades and would allow for continued access to Corinthian Island. A layout and tentative schedule is attached as Exhibit 1. FINANCIAL IMPACT On Wednesday, September 14, the Diversity Inclusion Task Force approved an expenditure from their existing budget not to exceed $6,000 for the event. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 21, 2022 Agenda Item: AI-2 Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 2 OF 2 CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Approve closure of Main Street on Saturday, October 22, 2022 from 2:00 p.m. to 8:00 p.m. for the Diwali Celebration; or 2. If the Council is not prepared to make a decision at this time, direct staff as to what information is necessary for the Council to consider a request at a future meeting; or 3. Deny the request for the proposed street closure. Exhibit(s): 1. Event Diagram Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 Diwali 2022 Event Plan 10/22/22 Bay Side of Lower Main Street Shall be clear of ALL event gear - including Tables and pop up tents to allow for Fire Truck access in the event of an Emergency. 3 - 48” round tables Interior Side of street ONLY 8-10 High Top Rounds - INTERIOR side of street ONLY 4 umbrellas 30 chairs - one at each 6ft table / rest around 48” Tables Green 6ft Tables: DJ Henna Live Painting Book Reading Stencils Chess Game Ice Cream Chess Henna Live Painting Book Reading Stencils Ice Cream Saturday 10/22 Event Schedule Time Activity Responsible Party Morning Rentals dropped off Rental Company 2 PM Close the Street/ Place Barricades Saturday - Police? Volunteers? 2 - 3 PM Volunteers set up event gear DI Team 2:30 PM DJ sets up Tim Mateo Gigante Dancers Arrive Dance with ENA Drummer Arrives Lal Singh Bhatti Dhol Drummer Sitar Player Arrives Tim White Ice Cream Sets up Arshiya - need power? Activities Set Set Up (1) Henna (2) Stencils (3) Outdoor Chess (4) Live painting 3 PM Start 5:30 PM Thank You DI 6 PM Clean Up / Stack Tables, chairs in assigned location Volunteers 8:00 PM Tiburon Police Open Street Tiburon PD TOWN OF TIBURON PAGE 1 OF 5 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Request by Tiburon Peninsula Chamber of Commerce and Destination Tiburon for a Direct Allocation of American Rescue Plan Funds to Make up For Revenue Losses Incurred Due to the Affects of the Covid Pandemic. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Both The Tiburon Peninsula Chamber of Commerce (The Chamber) and Destination Tiburon receive funding which is correlated to total Transient Occupancy Tax revenue collected by the Town. In addition, Destination Tiburon receives funding through the Tiburon Tourism Business Improvement District (TTBID) which is also correlated to hotel revenue. Because of Covid, hotel revenue in Fiscal Years 2020, 2021 and 2022 was reduced, resulting in corresponding revenue loss for both the Chamber and Destination Tiburon. Both organizations have requested the Council consider allocating a portion of the towns American Rescue Plan funding to make up for the revenue losses experienced during Covid. A copy of the letters from The Chamber and Destination Tiburon are attached as Exhibit 1. RECOMMENDED ACTION(S) Staff recommends Town Council: 1. Hear the presentation and any public comment, and, 2. If Council wishes to provide funding as requested, consider a motion to authorize the expenditure, including the amounts to be paid to The Chamber and Destination Tiburon, and authorize a Fiscal Year 2023 Budget Amendment equal to the combined payments to The Chamber and Destination Tiburon with the source of funds being the American Rescue Plan Reserve Fund. or 3. Deny the request. BACKGROUND The Town currently imposes a 10% Transient Occupancy Tax (TOT) on gross receipts of lodging establishments in Tiburon. This includes The Tiburon Lodge and Waters Edge Hotel. These funds are considered General Fund revenue for the Town, which can be used for any purpose the Council deems appropriate. Of the total amount of TOT collected, the Town for many years has allocated 5% to The Chamber and 5% to Destination Tiburon to support their work. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 21, 2022 Agenda Item: AI-3 Town Council Meeting September 21. 2022 TOWN OF TIBURON PAGE 2 OF 5 The graph on the following page shows total TOT revenue collected by fiscal year (FY) from FY 11 thru FY 22. Staff notes FY 19 represents the last full fiscal year prior to the onset of the Covid pandemic, with the effects of the pandemic on revenue clearly reflected in the totals for FY 20, 21 and 22. In addition to the funding provided by the town, Destination Tiburon also receives funding from the Tiburon Tourism Business Improvement District (TTBID). This funding is generated by assessing a 2% fee on total hotel receipts. Although the town administers the TTBID program, these are not town funds and can only be used for expenditures consistent with the purpose of the TTBID program and approved by the TTBID Board. In summary, both TOT and TTBID generated funds are directly proportional to the gross receipts of the 2 lodging establishments, with TOT being 10% of gross receipts, and TTBID funds 2% of gross receipts. The table below provides a summary of the following information: Actual amounts of TOT collected, TOT allocated to the Chamber (5%) and Destination Tiburon (5%), and the amount of revenue Destination Tiburon received in TTBID funds. The table includes data for fiscal years FY-15 thru FY 22. Transient Occupancy Tax TTBID Revenue Fiscal Year Total Transient Occupancy Tax Town Allocation- Chamber Town Allocation- Destination Tiburon TTBID Revenue- Destination Tiburon 2015 811,294 40,565 40,565 162,259 2016 831,706 41,585 41,585 166,341 2017 804,905 40,245 40,245 160,981 2018 848,521 42,426 42,426 169,704 2019 907,772 45,389 45,389 181,554 2020 638,638 31,932 31,932 127,728 $100,000$200,000$300,000$400,000$500,000$600,000$700,000$800,000$900,000$1,000,000 Town Council Meeting September 21. 2022 TOWN OF TIBURON PAGE 3 OF 5 2021 423,290 21,165 21,165 84,658 2022 790,709 39,535 39,535 158,142 As noted earlier, FY 19 was the last full fiscal year prior to the Covid pandemic related restrictions instituted in March 2020, and the table above clearly shows the resulting revenue loss in fiscal years FY 20-FY 22. As a result of this revenue loss, both The Chamber and Destination Tiburon are requesting Council consider utilizing a portion of the American Rescue Plan funds received by the town to make up for the lost revenue experienced in those fiscal years. A copy of the letters from The Chamber and Destination Tiburon are attached as Exhibit 1. Both the Chamber and Destination Tiburon letters include estimated revenue loss information, which staff had difficulty reconciling to town records. For the purposes of the following analysis, all figures are derived from the towns financial information. ANALYSIS It is clear from the data above that hotel revenues were significantly impacted during the height of the Covid pandemic, resulting in a corresponding reduction of revenue for both The Chamber and Destination Tiburon. However, determining the actual amount of Covid related revenue loss experienced is not possible, as there is no way to determine what hotel receipts would have been in FY 20, 21 and 22 absent the effects of Covid. However, it is possible to calculate estimated losses by developing different scenarios. To assist Council, staff has developed 2 different scenarios for consideration, and would note these are not meant to represent the only options available to Council, but rather a basis for beginning the discussion. Scenario 1- Uses the average of the previous 3 years of pre-Covid TOT revenue (FY17-19) as the base amount and then assumes a 3% increase in annual TOT revenue for the next three years. Based on the figures in Scenario 1. The total amount required to make The Chamber and Destination Tiburon whole would be as follows: Chamber TOT loss 43,266 Destination Tiburon TOT loss 43,266 Total TOT loss $86,532 Destination Tiburon TTBID loss $173,065 Combined Scenario 1 Loss $259,597 Fiscal Year Projected TOT Revenue Scenario 1 Town 5% Allocation Actual Town Allocation Allocation Shortfall Projected Destination Tiburon BID Revenue Actual BID Revenue BID Revenue Shortfall 2020 879,344 43,967.20 31,931.90 12,035.30 175,869 127,728 48,141 2021 905,724 45,286.22 21,164.50 24,121.72 181,145 84,658 96,487 2022 932,896 46,644.80 39,535.45 7,109.35 186,579 158,142 28,437 $43,266 $173,065 Scenario 1 (3-Year Average With 3% Annual Increase) Transient Occupancy Tax Revenue (COC and DT)TTBID Revenue (DT Only) Projected 3-Year TOT Revenue Shortfall for Both Chamber and Destination Tiburon-Scenario 1 Projected 3-Year TTBID Revenue Shortfall-Scenario 2 Town Council Meeting September 21. 2022 TOWN OF TIBURON PAGE 4 OF 5 Scenario 2- Uses the amount of TOT revenue collected in the last pre Covid fiscal year (FY 19) as a base amount and then assumes a 3% increase in annual TOT revenue for the next three years. Based on the figures in Scenario 2. The total amount required to make The Chamber and Destination Tiburon whole would be as follows: Chamber TOT loss 51,868 Destination Tiburon TOT loss 51,868 Total TOT loss $103,736 Destination Tiburon TTBID loss $207,474 Combined Scenario 2 Loss $311,210 Council should first determine whether it wishes to provide funding as requested, and if so, determine what amount of funding it would like to provide to each organization. FINANCIAL IMPACT As noted above, both The Chamber and Destination Tiburon propose the requested funding could be provided by utilizing a portion of the American Rescue Plan (ARP) funds allocated to the Town which totals $2,173,086. Council has previously allocated ARP funding to several projects, including: Broadband Strategic Planning 93,450 Contribution to the Ranch 54,880 County Homeless Initiative 40,270 Pilot Late Night Ferry Service Program 298,000 Total ARP Funds Allocated $486,600 This leaves an uncommitted balance of ARP funds totaling $1,686,486 Fiscal Year Projected TOT Revenue Scenario 1 Town 5% Allocation Actual Town Allocation Allocation Shortfall Projected Destination Tiburon BID Revenue Actual BID Revenue BID Revenue Shortfall 2020 935,005 46,750.25 31,931.90 14,818.35 187,001 127,728 59,273 2021 963,055 48,152.76 21,164.50 26,988.26 192,611 84,658 107,953 2022 991,947 49,597.34 39,535.45 10,061.89 198,389 158,142 40,248 $51,868 $207,474 Scenario 2 (Highest TOT Year With 3% Annual Increase) Transient Occupancy Tax Revenue (COC and DT)TTBID Revenue (DT Only) Projected 3-Year TOT Revenue Shortfall for Both Chamber and Destination Tiburon-Scenario 2 Projected 3-Year TTBID Revenue Shortfall-Scenario 2 Town Council Meeting September 21. 2022 TOWN OF TIBURON PAGE 5 OF 5 CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Hear the presentation and any public comment. 2. If Council wishes to provide funding as requested, consider a motion to authorize the expenditure, including the amounts to be paid to The Chamber and Destination Tiburon, and authorize a Fiscal Year 2023 Budget Amendment equal to the combined payments to The Chamber and Destination Tiburon with the source of funds being the American Rescue Plan Reserve Fund, or 3. Deny the request. Exhibit(s): 1. Letters Prepared By: Greg Chanis, Town Manager EXHIBIT 1 TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Adopt Resolution Opting Out of the Congestion Management Program as recommended by the Transportation Authority of Marin (TAM) Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider adoption of a resolution electing the Town to accept the Transportation Authority of Marin (TAM) recommendation to opt out of the Marin County Congestion Management Program (CMP) in Accordance with State CMP statute as authorized by California Government Code Section 65088. RECOMMENDED ACTION(S) Staff recommends Town Council: 1. Adopt a resolution (Exhibit 1) electing the Town to accept the Transportation Authority of Marin (TAM) recommendation to opt out of the Marin County Congestion Management Program (CMP) in Accordance with State CMP statute as authorized by California Government Code Section 65088. BACKGROUND As the Congestion Management Agency (CMA) for Marin County, TAM is required by State law to prepare and update on a biennial basis a Congestion Management Program (CMP) for Marin County. The CMP process was established as part of a 1990 legislative package to implement Proposition 111, which increased the state gas tax from 9 to 18 cents. The intent of the CMP was to tie the appropriation of new gas tax revenues to congestion reduction efforts by improving land use/transportation coordination. Proposition 111 was not tied to inflation and has largely been replaced with Senate Bill (SB) 1, which was passed in 2016, however funding from proposition 111 still flows to local jurisdictions in Marin County and throughout the state. With the passage of Assembly Bill (AB) 32 (California Global Warming Solutions Act of 2006), SB 375 (Sustainable Communities and Climate Protection Act of 2008), and SB 743 (Environmental quality: transit-oriented infill projects, judicial review streamlining for environmental leadership development projects), the CMP is largely out of alignment with TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 21, 2022 Agenda Item: AI-4 Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 2 OF 4 regional and state policy direction. Whereas the new legislation focuses on reducing emissions and vehicles miles traveled (VMT), the CMP legislation focused on Level of Service and congestion. In fact, with SB 743, the CMP now conflicts with current California Environmental Quality Act (CEQA) Transportation Analysis guidance. At the April 28, 2022, TAM Board of Commissioners Meeting, the TAM Board directed TAM staff to initiate the Opt-Out process and work with local jurisdictions to pass resolutions to Opt-Out of the CMP. ANALYSIS The CMP legislation has been updated many times since its passage. In 1997, the state allowed for local jurisdictions to opt out of the CMP process. California Government Code §65088.3, states that counties may “opt-out” of the CMP requirement without loss of Proposition 111 gas tax revenues, if the majority of jurisdictions representing the majority of the county’s population pass resolutions that request TAM to “opt-out” of the CMP. TAM is founded as a sales tax authority under PUC 18500 and is designated by local resolutions as the Congestion Management Agency for Marin County, responsible for developing the CMP. TAM inherited CMP activities from the Marin County Congestion Management Agency (a function of County Department of Public Works) in 2004. TAM has maintained the CMP in mostly its original form since its inception, expanding its traffic monitoring efforts, but limiting any substantiative changes. The CMP is intended to establish designated performance standards on our roadway network using a vehicle delay-based Level of Service (LOS) standard and comparing roadway conditions against those standards. Local land use developments are also reviewed to ensure performance standards are met. If performance standards on roadways are not met, local jurisdictions are required to perform corrective actions to mitigate LOS (typically though adding capacity). This deficiency planning process has never been conducted in the county but would be required of local jurisdictions, with failure to do so resulting in TAM being mandated to ask the State to withhold Proposition 111 funding. This process has the benefit of providing a uniform analysis for land use and transportation projects with resulting large traffic volumes. In practice, the CMP has never been used to withhold funding and serves primarily as a report on traffic conditions (on the subset of roads in the CMP network), rather than a functional planning process. Due to its mandated process, the CMP is a rigid framework. TAM staff have raised concerns with the process including the inability to remove CMP segments once designated in the network, and removal of performance standards. Changes to Transportation Impact Analysis in CEQA Prior to the implementation of SB 743, the CMP was considered as part of the California Environmental Quality Act (CEQA) requirements, serving as a mutually supportive process for the CMP and lead agencies. The implementation of SB 743 in July 2020, however, excluded vehicle delay from CEQA; therefore, the CMP requirements now result in additional analysis and review beyond current CEQA requirements and local jurisdiction general plan requirements. This additional tier of CMP requirements can potentially conflict with VMT and General Plan analysis Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 3 OF 4 requirements. As housing element updates are required this year, staff have been coordinating discussions on traffic analysis from housing element updates. Planning directors have expressed support to remove CMP requirements which conflict with CEQA processes during this process. Marin Public Works Association Review In November 2021, TAM staff presented information on next steps for the CMP to the Marin Public Works Association (MPWA) in November 2021 and asked if the CMP provided any value to local jurisdictions. MPWA members noted that they did not derive much value from the CMP process other than the traffic monitoring data, which they do find useful. They also asked TAM to consider development of a CMP 2.0 or next generation planning process. In response to these comments, MPWA formed a subcommittee of public works directors to take a closer look at the CMP process. This group met in February 2022 and TAM presented an overview of the CMP, its use, and three options for next steps, including maintaining the CMP, continuing the CMP for an additional cycle, or initiating the Opt-Out Process. The MPWA sub-committee recommended initiating the Opt-Out Process to MPWA at its March 2022 meeting. MPWA verbally agreed with this recommendation, although no formal action was taken. CMP Opt-Out Process As noted, at the April 28, 2022, TAM Board of Commissioners Meeting, the TAM Board directed TAM staff to initiate the Opt-Out process and work with local jurisdictions to pass resolutions to Opt-Out of the CMP. To complete the Opt-Out process, a majority of local jurisdictions representing a majority of the population of the county would be required to pass resolutions to conduct the Opt-Out process. Marin County would not be the first county to opt out of the CMP. The following agencies have already conducted the Opt-Out Process or no longer prepare a CMP: • Fresno Council of Governments (Fresno County) – 1997 • Los Angeles Metropolitan Transportation Authority – 2019 • Napa Valley Transportation Authority (Napa County) – (late 1990s/early 2000s) • Sacramento Transportation Authority (Sacramento County) – 1996 • San Diego Association of Governments (San Diego County) – 2009 • San Joaquin Council of Governments – (2019-2020) • San Luis Obispo Council of Governments (San Luis Obispo County) – 1997 • Santa Cruz County Regional Transportation Commission (Santa Cruz County) – 2000 • Sonoma County Transportation Authority (Sonoma County) – 2000 To date, local jurisdiction staff from both DPW and Community Development have indicated no concerns with proceeding with an Opt-Out process at this time. TAM staff are requesting consideration of a Council resolution by December 2022. Staff has prepared a draft Resolution indicating the Town’s interest in opting out, which is attached as Exhibit 1. Also, TAM has provided a list of frequently asked questions regarding this process, which is attached as Exhibit 2. Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 4 OF 4 Once city/town councils have completed the Opt-Out Process, TAM staff would return to the TAM Board for administrative updates, including updates to previous resolutions as appropriate. FINANCIAL IMPACT There is no impact to the current fiscal year budget, nor any anticipated impact to future budgets or the continued flow of state gas tax revenues to local jurisdictions. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. 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 Town Council: 1. Adopt a resolution (Exhibit 1) electing the Town to accept the Transportation Authority of Marin (TAM) recommendation to opt out of the Marin County Congestion Management Program (CMP) in Accordance with State CMP statute as authorized by California Government Code Section 65088. Exhibits: 1. Draft Resolution 2. CMP Opt-Out FAQ Prepared By: David O. Eshoo, Associate Engineer EXHIBIT 1 Tiburon Town Council Resolution No. 05/18/2022 1 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ELECTING TO BE EXEMPT FROM THE CONGESTION MANAGEMENT PROGRAM WHEREAS, California voters passed Proposition 111 in June of 1990 requiring urbanized counties to develop and implement a Congestion Management Program (CMP); and WHEREAS, the Legislature and Governor established the specific requirements of the Congestion Management Program by passage of legislation that was a companion to Proposition 111 and is codified in California Government Code Sections 65088 to 65089.10; and WHEREAS, the Transportation Authority of Marin is the Congestion Management Agency responsible for Marin County’s Congestion Management Program; and WHEREAS, California Government Code Section 65088.3 allows urbanized counties to be exempt from the Congestion Management Program based on resolutions passed by local jurisdictions representing a majority of a county’s jurisdictions with a majority of the county population; and WHEREAS, over time the Congestion Management Program has become increasingly out of step with current regional, State, and Federal planning processes and requirements, including new State requirements for transportation performance measures related to greenhouse gas reduction; and WHEREAS, on the 28th day of April 2022 the TAM Board of Commissioners directed TAM staff to work with the various local governments within the County in pursuing exemption from the Congestion Management Program under Government Code Section 65088.3. NOW THEREFORE IT IS RESOLVED, as follows: Section 1. That the above recitations are true and correct. Section 2 That the Town of Tiburon, California hereby elects to be exempt from the CMP as described in the California Government Code Section 65088.3. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, on May 18, 2022 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: _________________________________ JON WELNER, MAYOR TOWN OF TIBURON ATTEST: ___________________________________ LEA STEFANI, TOWN CLERK EXHIBIT 2 1 Congestion Management Program (CMP) Frequently Asked Questions Draft as of March 31, 2022 What is the CMP? The CMP is an early attempt at developing a performance-based planning process to determine local development impacts on a specified network of arterials and highways. The CMP identifies a roadway network, sets level of service performance standards, develops a standardized land use development review for regional traffic impacts, identifies transportation demand measures, requires the development of a travel model and a capital improvement plan to address any identified deficiencies to system performance. Why does TAM prepare a CMP? TAM is founded as a sales tax authority and designated by local resolution as the congestion management agency (CMA). Section 65088 - 65089.10 of the state government code requires the development of a congestion management program every two years for local streets and roads funding from 1990’s Proposition 111 to flow to local jurisdictions. TAM conducts CMA duties, specifically planning, programming and project delivery functions based on the CMA designation. Why is TAM exploring opting out? An “opt-out” provision was incorporated into the state government code in 1997, and some CMAs chose to opt out of the CMP subsequently. TAM’s funding agreement with MTC has historically required TAM to develop either a congestion management program or a countywide transportation plan and allowed TAM to fund the CMP. In October 2021, TAM received guidance from MTC encouraging CMAs to opt out of the CMP process and stating MTC’s intention to not allow future MTC planning agreement funds to be used for future CMP development. Why is MTC encouraging CMAs to opt out? MTC is encouraging CMAs to opt out due to conflicts between level of service-based planning and the state legislative focus on greenhouse gas reduction from AB 32, SB 375, SB 743 and CEQA’s use of Vehicle Miles Traveled as the preferred metric for transportation analysis. Additionally, MTC has noted that the CMP process does not include public participation, equity, climate change and other critical factors for consideration. The process also does not consider operations and maintenance costs, or adaptation needs such as sea level rise in its planning process. What CMAs have opted out? TAM is not the first county to consider opting out. The following agencies have either opted out or no longer prepare a CMP: • Fresno Council of Governments (Fresno County) – 1997 • Sacramento Transportation Authority (Sacramento County) – 1996 • San Diego Association of Governments (San Diego County) – 2009 • San Luis Obispo Council of Governments (San Luis Obispo County) – 1997 • Santa Cruz County Regional Transportation Commission (Santa Cruz County) – 2000 • Sonoma County Transportation Authority (Sonoma County) – 2000s • Napa Valley Transportation Authority (Napa County) – 2000s • LA Metro (Los Angeles County) – 2019 • San Joaquin Council of Governments – 2020 2 Will opting out of the CMP affect Marin County’s Transportation Funding? There is no impact to Marin County transportation funding from opting out. MTC guidance supports this determination, and TAM sales tax expenditures have no relationship to the CMP. The impact on TAM member fees from local jurisdictions would remain in place. Retaining the CMP may require additional funding from local jurisdictions if MTC funds are no longer allowed for use. Would opting out of the CMP affect Marin County Transportation Projects? There would be no impact to transportation projects if TAM retains or opts out of the CMP. MTC guidance and SCTA and NVTA practice assure that TAM can still input projects into the TIP. Would opting out remove TAM’s CMA designation? The opt-out language refers specifically to the CMP, and not the broader CMA designation. TAM would maintain CMA functions outside of the CMP process, including but not limited to, designation of a representative to the SMART board, and distribution of Bay Area Air Quality Management District funds as designated. What process is required to opt out of the CMP? The CMA designation is provided by local resolution. State code above allows for opting out of the CMP when “a majority of local governments, collectively comprised of the city councils and the county board of supervisors, which in total also represent a majority of the population in the county, each adopt resolutions electing to be exempt from the congestion management program.” (Section 65088.3) Would opting out of the CMP require a Countywide Transportation Plan? To comply with MTC’s funding agreement, a countywide transportation plan would be required. TAM has the basis of a countywide plan with the development of 2017’s Strategic Vision Plan, as well as components of a countywide plan through other plans, programs and model development activities. Future updates to the Strategic Vision Plan are expected to meet Countywide Transportation Plan Requirements. What is TAM’s process for a decision on opting out? TAM is currently exploring opting out with local jurisdictions, in advance of a future board discussion. If TAM needs to develop a 2023 CMP, staff will need to release an RFP around April 2022 to meet procurement and upcoming monitoring deadlines. TAM would like staff level agreement by the April timeframe, and local resolutions to be passed no later than December 30, 2022. Does opting out of the CMP have any impact on how TAM and partner agencies address congestion? TAM will continue to monitor and report on traffic conditions and expects to be able to deliver more robust monitoring efforts for less expense than the legislatively required CMP performance analysis. TAM will continue to work with our partner agencies to deliver congestion and mobility improvements in Marin County as required by voters in approved expenditure plans. The CMP is not the only tool used to address congestion in the county, and sales tax measures and other planning efforts are more effective at delivering improvements in the county. What is the relationship between the CMP and TAM’s Measure Programs? The voter-approved Measure AA, the 0.5 cent transportation sales tax, and Measure B, the $10 vehicle registration fee, would have no impact from opting out. Expenditure plans and strategic plans for these funds are not based on the CMP. TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Director of Community Development Subject: Consider Approval of Response to Marin County Civil Grand Jury Titled: Affordable Housing: Time for Collaboration in Marin Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY On June 24, 2022, the Marin County Civil Grand Jury issued “ Affordable Housing: Time for Collaboration in Marin”. RECOMMENDED ACTION(S) 1. Review and approve the proposed response and authorize the Town Manager to sign and forward the response to the Marin County Civil Grand Jury. BACKGROUND On June 24, 2022, the Marin County Civil Grand Jury released a report entitled: “ Affordable Housing: Time for Collaboration in Marin” (Exhibit 1). The report includes numerous findings and recommendations the Town must respond to, with the responses conforming to the format required by Penal Code section 933.05. The Town’s proposed response to the report is attached as Exhibit 2. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no financial impact as a result of Councils action on this matter CLIMATE IMPACT Staff has determined this action will have no significant impact on the Towns contribution to global climate change. 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 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 21, 2022 Agenda Item: AI-5 Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 2 OF 2 constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends the Town Council: 1. Review and approve the proposed response and authorize the Town Manager to sign and forward the letter to the Civil Grand Jury. Exhibit(s): 1. 2021-22 Marin County Civil Grand Jury Report: “Affordable Housing: Time for Collaboration in Marin”. 2. Draft response to 2021-22 Marin County Civil Grand Jury report titled: “Affordable Housing: Time for Collaboration in Marin”. Prepared By: Dina Tasini, Director of Community Development EXHIBIT 1 Marin County Civil Grand Jury 2021–2022 MARIN COUNTY CIVIL GRAND JURY AFFORDABLE HOUSING: TIME FOR COLLABORATION IN MARIN June 24, 2022 SUMMARY Lack of affordable housing is a problem throughout Marin County. The housing shortfall, characterized by the county as a “crisis,” was addressed in a 2016-2017 Marin County Civil Grand Jury report that called on the county, cities, and towns of Marin to work collaboratively on affordable housing issues. The recommendation was rejected, and the county has continued to fail to create sufficient affordable and workforce housing for Marin’s low to median income earners. Since that report was issued, the State of California has passed significant legislation intended to increase the affordable housing stock in the state. Simultaneously, the state has drastically increased the amount of housing that counties, cities, and towns are required to build. Failure to meet these housing allotments will trigger mechanisms of this new state legislation that will limit local control over housing and allow for construction that would otherwise not comply with local development laws. Increasing the stock of affordable housing is a goal widely supported by elected officials throughout Marin County but losing local control over development is not. The task ahead for the county and municipalities of Marin is to build more affordable housing while retaining local control. Achieving these goals will require increased countywide cooperation at the highest levels of government. Since at least 1973, the county and its cities and towns have acknowledged the benefits of a countywide approach to affordable and workforce housing issues with several different agreements for collaboration. Currently, however, the approach to housing policy in Marin is fragmented. No single agency is tasked with the coordination and implementation of solutions to affordable housing issues that affect the entire county. It is time to renew a collaborative, countywide approach for affordable and workforce housing in Marin. The 2021-2022 Marin County Civil Grand Jury recommends that the County of Marin and its cities and towns jointly create a regional organization, or empower an existing authority, to coordinate and facilitate affordable and workforce housing policy on a countywide basis. APPROACH In its investigation into affordable housing issues, the Marin County Civil Grand Jury conducted interviews with elected officials and staff members from Marin County, local cities and towns, and neighboring counties. The Grand Jury consulted experts on affordable housing issues, executives of both nonprofit and for profit housing developers, and individuals from local housing advocacy groups. The Grand Jury also reviewed past civil grand jury reports, past Marin County planning documents and proposals, academic studies, government reports and Exhibit 1 Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 2 of 16 documents, and news articles on a broad range of affordable housing issues. Finally, the Grand Jury inspected potential affordable housing building sites located in the county. BACKGROUND Marin’s lack of affordable housing is a countywide problem. The Marin County Civil Grand Jury 2017 report Overcoming Barriers to Housing Affordability identified key issues that must be addressed if Marin County’s housing crisis is to be solved.1 Among these issues was the fact that the county and each of the 11 municipalities have their own approaches for managing growth and housing development. The jury expressly stated: “The County should create and fund the position of Regional Housing Coordinator. The Coordinator's responsibilities should include: working with funding sources and developers, identifying underutilized properties, working with jurisdictions to create specific plans, and creating a countywide civic mediation program for all civic project community dialogues.”2 The 2017 Grand Jury concluded that Marin County needed regional coordination in order to facilitate the development of more affordable housing. Although the 2017 Grand Jury’s recommendation for the creation of a Regional Housing Coordinator position was rejected, the need for greater countywide cooperation remains relevant and more necessary today than ever. Marin County needs more affordable and workforce housing. Countywide cooperation is a critical element in making that happen. While the county, cities, and towns do not build housing themselves, they must work together to address state requirements and remove barriers to getting affordable and workforce housing built. In the five years since the last grand jury report, insufficient progress has been made to address the affordable and workforce housing needs of Marin County. DISCUSSION Marin’s Need For More Affordable and Workforce Housing Affordable housing, often subsidized, is housing made available for residents with incomes at or below 80 percent of the area’s median income. Workforce housing, also known as middle- income or moderate-income housing, is housing for residents typically earning less than 120 percent of the area’s median income. This category often includes first responders, teachers, and government employees, as well as healthcare, construction, and retail workers. The community benefits when people are able to live where they work. Affordable and workforce housing reduces traffic congestion and improves air quality by cutting commute times. In some cases, it even shifts commuters out of their cars and into other transit options. Currently, only about 45 percent of Marin County government employees live in the county, and of even greater concern, less than 25 percent of new county government hires live in the county. According to the most recent, pre-pandemic statistics available, approximately 68,000 workers commute into Marin County from other counties, and an estimated 16,000 of them travel more than 100 miles daily.3 1 Marin Civil Grand Jury, 2016-2017 Overcoming Barriers to Housing Affordability, April 12, 2017. https://www.marincounty.org/-/media/files/departments/gj/reports-responses/2016/overcoming-barriers-to-housing- affordability.pdf?la=en 2 Marin Civil Grand Jury, 2016-2017 Overcoming Barriers to Housing Affordability, p.20. 3 Marin Environmental Housing Collaborative (MEHC).” Focus: Where does Marin’s workforce live?” https://marinmehc.org/focus-where-does-marins-workforce- live/#:~:text=Roughly%2035%2C000%20in%2Dcommuters%20travel,from%20their%20jobs%20in%20Marin. Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 3 of 16 Local governments are struggling to fill positions required to provide necessary public services. Businesses are also finding it difficult to attract workers in many sectors, ranging from retail to hospitality to building trades. If these workers become residents, they would purchase goods and services locally. This would increase local sales and property taxes and other revenue for local governments. Regional Housing Needs Allocation California’s affordable housing requirements have their roots in the Housing Element Act of 1969.4 The act mandated that all California counties, cities, and towns must plan for future housing needs. Using the mandated Housing Element and Regional Housing Needs Allocation (RHNA), the California Department of Housing and Community Development determines the number of homes to be built across the state. These mandated housing requirements are then allocated to each region and local jurisdiction throughout the state. For the San Francisco Bay region, the Association of Bay Area Governments (ABAG) operates as the “regional planning agency.”5 ABAG assigns a share of the Bay Area’s new housing to be built in each county, city, and town in the region, including Marin and each of its municipalities.6 These mandates, however, have failed to provide sufficient housing in Marin County and in nearly all areas of California. Currently, Marin County and its municipalities are planning for RHNA cycle 6, an eight-year period that begins in January 2023 and runs through 2031. By January 2023, Marin County and all its cities and towns must adopt their Housing Elements and identify potential building sites to satisfy their RHNA allocations for cycle 6. Compared to the current cycle 5, which ends in 2022, the new allocations have greatly increased. The cycle 5 allotment for unincorporated Marin is 185 units but increases to 3,569 for cycle 6. The aggregate numbers for the county and all municipalities are 2,298 for cycle 5 but increase to 14,405 for cycle 6. Few of Marin’s jurisdictions expect to achieve their cycle 6 allotments. Indeed, even the significantly smaller allotments for cycle 5 may prove beyond the reach of most jurisdictions. New Statewide Housing Legislation SB 35 will retain local control for those cities that are producing their share of housing, but create a more streamlined path for housing creation in those cities that are blocking housing or ignoring their responsibility to build. -State Senator Scott Weiner, author of Senate Bill 357 Since the 2017 Grand Jury report, the state has become more assertive in its efforts to address the statewide housing shortage by adopting legislation intended to expand housing construction. The most consequential component of this legislation is Senate Bill 35 (SB 35).8 Under its provisions, eligible development projects can take advantage of a streamlined, ministerial approval process. 4 Cal. Gov. C. §65583, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65583 5 Association of Bay Area Governments, History, 2022, https://abag.ca.gov/about-abag/what-we-do/history 6 Association of Bay Area Governments, RHNA - Regional Housing Needs Allocation, 2022, https://abag.ca.gov/our-work/housing/rhna-regional-housing-needs-allocation 7 California State Senator Wiener, Press Release, January 23, 2017. https://sd11.senate.ca.gov/news/20170123- senator-wiener-releases-details-sb-35-%E2%80%93-housing-accountability-and-affordability-act 8 Senate Bill No.35, September 29, 2017. .https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB35 Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 4 of 16 While SB 35 construction projects would remain subject to certain objective zoning standards, they would not be subject to the California Environmental Quality Act and may not be subject to local parking requirements. Proposed developments that qualify for streamlining will be able to move through the local project approval process far more quickly and local governments will be restricted in their ability to reject or control such projects. The provisions of SB 35 are triggered by either of two things: first, failure to complete annual housing element progress reports; or second, failure to issue enough building permits to satisfy a jurisdiction’s allocations by income category. For example, unincorporated Marin County has not issued the required number of building permits during the current cycle and is therefore subject to SB 35. The Marin County Board of Supervisors recently adopted a county ordinance to implement the provisions of SB 35 on an interim basis until permanent regulations are adopted as part of the county’s Housing Element to be updated early next year. To date, at least one project has been approved under SB 35’s streamlined procedures – a five-story, 74-unit apartment complex in Marin City approved in December 2020. Other projects are on the drawing board.9 While increasing the stock of affordable housing is a laudable goal supported by most, SB 35 is controversial and opposed by many mainly because it threatens local control. The task is to build more affordable housing while retaining local control. The Grand Jury suggests a countywide, cooperative approach as the most effective means of meeting Marin’s need for more affordable housing. Benefits of a Countywide Approach The current approach to housing in Marin is fragmented among the county and its municipalities. No single agency is tasked with the coordination and facilitation of solutions to housing related issues that affect the entire county. In order to realize the long sought-after benefits of increased affordable housing stock, local governments should re-examine the potential benefits of countywide collaboration. Because the county and all of its municipalities face similar housing challenges, they can benefit from collaboration. Benefits from a countywide approach include: ■ Cooperation and planning on a countywide basis ■ Consideration of environmental issues that may cross jurisdictions ■ Collaboration on housing element updates ■ Collaboration with nonprofits and housing experts ■ Coordination with state and regional agencies ■ Delivery of more cost-effective services through consolidation ■ Retention of local control over housing development ■ Sharing expertise and resources needed to access funds for affordable housing development. For example, some of the larger jurisdictions have staff with expertise in organizing community outreach programs to secure local support for achieving statutorily mandated affordable housing 9 Halstead, Richard, “Marin City housing complex gets fast-track approval”, Marin Independent Journal, December 5, 2020. https://www.marinij.com/2020/12/05/marin-city-housing-complex-gets-fast-track-approval/ Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 5 of 16 goals. Smaller jurisdictions may lack these resources. Those functions could be consolidated in a countywide authority, with resultant cost sharing and increased efficiency. Funding of Affordable Housing Perhaps the most important benefit of a countywide approach to affordable housing is the ability to pool the expertise and resources needed to access funding. With the high costs of land and construction in Marin, it is nearly impossible to build affordable housing without subsidies. A countywide approach would help jurisdictions navigate the complex landscape of accessing these subsidies. Cities and counties do not build housing, developers do. Most developers typically build market- rate housing because it is more profitable. The risk of losing money is greater with lower cost units where the profit margin is smaller. As a result, almost all of the new affordable housing is built by specialized nonprofit organizations such as Eden Housing, EAH Housing, Homeward Bound, and Marin Community Housing – each of which have built housing projects in Marin. These organizations use grants and tax benefits to augment project funding, and often collaborate in these projects with other nonprofits. A good example of such a partnership is between Eden Housing and Vivalon to build affordable senior housing in San Rafael. Under current requirements in most jurisdictions, larger housing developments must reserve a percentage of their units for low- and moderate-income housing.10 This requirement often makes the developments relatively unprofitable, and many developers seek to avoid this requirement through payment of an “in lieu” fee. In theory, the funds from this fee can be used to subsidize other low-income housing, but in practice this does not always occur. There is no countywide policy with respect to in lieu fees and this is an area where countywide coordination could be beneficial. Another area where countywide cooperation would be beneficial relates to subsidies for affordable housing. Currently, there is no central repository of information on affordable housing subsidies in the county. Such a resource could help developers find subsidies for affordable housing. Financial support for affordable housing in Marin may include: ■ The State Permanent Local Housing Allocation ■ The County Affordable Housing Fund ■ Local banks meeting Community Investment Act requirements ■ Community Development Block Grants ■ The Marin Community Foundation ■ Low income housing tax benefits for joint venture partners ■ Government land donations for affordable housing. The state recently allocated $7 billion for housing-related programs. There are other sources of funds for affordable housing, such as low-cost loans from financial institutions that are pass- throughs from the Federal Home Loan Bank of San Francisco’s Community Investment Fund. These low-cost loans are not widely known or used in Marin. Other funding sources such as special taxes or bonds could also provide the subsidies necessary to support affordable housing. 10 Cal. Gov. C. §65915(b)(1), https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65915&lawCode=GOV Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 6 of 16 Approaches to Countywide Coordination Once the advantages of a countywide approach to Marin’s housing issues are recognized, the question becomes what is the best vehicle or mechanism to implement that approach. Several options are available. Joint Powers Authorities (JPAs) A widely used mechanism for intergovernmental cooperation is a joint powers authority, or JPA. The statutory authority for such a power sharing relationship is the Joint Exercise of Powers Act.11 The scope of such shared powers can be extremely broad: “two or more public agencies by agreement may jointly exercise any power common to the contracting parties" to achieve a shared goal.12 A countywide affordable housing JPA could perform a number of functions and exercise powers delegated to it by its various members, including site selection for satisfying RHNA allotments, land use planning, coordination of development for affordable housing, issuing bonds, and applying for funding grants, to name just a few. Two of the most important advantages of JPAs are ease of formation and flexibility. JPAs are the only type of government entity formed by mutual agreement. JPAs have a proven track record. ABAG itself is a 107 member JPA for the nine-county San Francisco Bay Area. Over 1800 JPAs have been formed in California, including 19 in Marin County. Among these is the Marin General Services Authority, a JPA consisting of Marin County and each of the county’s municipalities. JPAs promote intergovernmental cooperation without requiring member agencies to surrender their local autonomy. Subregions The Association of Bay Area Governments allows for the creation of subregions, which are ad hoc joint powers authorities formed by two or more local jurisdictions to locally administer ABAG’s regional allocation of housing process. While Marin did not form a subregion for the current RHNA cycle, the concept was discussed at meetings of elected officials and county and municipal planners. This option will not be available again until planning begins for 2031-2039. Other Successful Approaches Other counties in the Bay Area have adopted programs of cooperation to deal with the housing needs of their various communities. Marin could draw from the experiences of these other counties. Most prominently, San Mateo County contends with housing issues through a program called 21 Elements.13 The 21 Elements program has gained national recognition for the level of cooperation among the County of San Mateo and all twenty cities in the county. Significant benefits of this program include collaboration on housing element updates, shared research, joint work on best practices, collaboration with nonprofits and housing experts, and coordination with agencies like ABAG and the California Housing and Community Development Department. Utilizing the services of one central consultancy, San Mateo has been able to focus attention on 11 Cal. Gov. C. §6500, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=6500. 12 Cal. Gov. C. §6502, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=6502. 13 21 Elements (San Mateo County), http://www.21elements.com Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 7 of 16 the important factors that will give the participants the best chances for successfully navigating the mandates of new housing legislation. These include establishing enough land zoned for housing to meet requirements, accessing funding with non-profits and others, respecting local control, and understanding the importance and availability of the subsidies necessary for affordable housing. Solano County has addressed its housing challenges through a countywide organization known as the Solano City County Coordinating Council or CCCC.14 This group consists of the county board of supervisors and representatives from each municipality. This council was created to deal with, among other issues, the housing needs of the entire county and coordinate all matters related to ABAG requirements. Importantly, it has enabled planners from the county and each municipality to share data and resources. This allows Solano County to link land use with infrastructure and integrate affordable housing throughout the community. A Model for Marin - History and Future of a Countywide Approach Regardless of the specific mechanism utilized, Marin must establish a strong culture of inter- jurisdictional collaboration to address housing needs beyond basic planning issues. Today there is no effective way for the county, cities, and towns to come together to address housing issues of countywide significance, or for the public to add their voices. Such collaboration would allow agencies to work together to find solutions that each jurisdiction could not find alone. The county and municipalities acknowledge the value of cooperation and are coordinating at a staff level to discuss policy and best practices related to affordable housing. This is a positive step but falls short of the cooperation necessary to address the current housing crisis. Marin needs to collaborate at the highest elected and staff levels to leverage its ability to secure funding and other benefits for affordable housing. During this investigation, the Grand Jury heard that the county, cities, and towns of Marin have resisted working together on housing policy. However, this investigation also revealed that there is new and increasing support for countywide collaboration on housing issues. Moreover, there are notable examples of successful collaboration from the past. Joint powers authorities have previously been used for countywide housing planning in Marin. The Marin Countywide Plan of 1973 was created by a JPA consisting of the county and its municipalities. In 1993, the Countywide Planning Agency, another JPA consisting of the county and its municipalities, was formed. Its duties included implementing countywide performance standards for housing. The 1993 Countywide Planning Agency was also charged with congestion management and transportation planning. These functions were subsequently assumed by the Transportation Authority of Marin (TAM) in 2004. TAM’s focus remains on transportation and not housing. In 2004, the county also considered a plan to expand the Countywide Planning Agency’s functions to include developing standards for housing, coordinating with local jurisdictions, and reviewing and commenting on major housing projects. That plan was not implemented and the Countywide Planning Agency expired in 2011. Housing has continued to be without an effective mechanism for countywide coordination. 14 CCCC (Solano County), https://www.solanocounty.com/depts/bos/city_county_coordinating_council/default.asp Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 8 of 16 Proposal to Revive A Missed Opportunity The effort to implement a countywide approach to housing in Marin continued in 2006. The late Marin County Supervisor Charles McGlashan headed a special committee of TAM to reevaluate the mission, goals, and priorities of the Countywide Planning Agency. The committee concluded that it was important to maintain countywide planning for housing: “The committee supports the functional continuation of the CWPA and preliminarily recommends the creation of a committee of TAM to assume the CWPA’s role, to be called the City County Planning Committee (CCPC),”15 The statement of purpose for the new City County Planning Committee was to provide a public forum to collaborate on housing, transportation, land use, and sustainability issues. The committee would evaluate and monitor the cumulative impacts of planned developments as well as share ideas, resources, and best practices. It would also be able to pursue grants and other funding opportunities for affordable housing. The City County Planning Committee was intended to be a committee of TAM and governed by the Brown Act, which requires open public meetings.16 This committee would have consisted of elected leaders of the county, cities, and towns. The priorities of the proposed CCPC included the following: ■ Pursue grants and other funding opportunities for eligible projects and other planning efforts ■ Coordinate housing element updates to maximize efficient use of affordable housing efforts ■ Negotiate with the Association of Bay Area Governments to achieve affordable housing goals ■ Identify and assist in the planning of affordable housing in mixed use sites with the city- centered corridor ■ Collaborate with Sonoma County on transportation and land use issues ■ Improve coordination among the county, towns, and cities general plans ■ Evaluate and monitor the cumulative impact of planning and development ■ Share ideas, information, resources, and best practices. At the May 26, 2006 TAM board meeting where this proposal was considered, a wide range of stakeholders weighed in, including representatives of the county, cities, and towns, housing advocates and environmental groups, as well as the general public. There was consensus that cooperation would be beneficial and the issues were of utmost importance. Nonetheless, the proposal was ultimately shelved because of concerns that it would divert staff and resources from TAM’s main objectives and because of a lack of the necessary resolve to make it happen. This was a critical missed opportunity. Since 2006, Marin has not made any significant effort to address the housing crisis on a countywide basis, nor has it moved to take advantage of the natural link between housing and 15 See Appendix A, Marin County Supervisor McGlashan memo to the executive committee of the Transportation Authority of Marin, May 10, 2006. 16 Cal. Gov. C. §§54950 - 54963 (1961), https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV division=2.can &title=5.&part=1.&chapter=9.&article= Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 9 of 16 transportation. Marin has failed to explore the significant benefits of regional cooperation on housing accomplished by other counties. The resulting fragmented approach has contributed to Marin’s current housing crisis. Despite the numerous missed opportunities cited above, Marin-wide cooperation is still achievable and the vehicles used and proposed in the past are still viable. As stated in the proposal to establish the City County Planning Committee in 2006: “The CCPC provides an opportunity for elected officials, planning staff, and members of the public to assemble under one venue to not only develop and find solutions to issues of concern, but to engage in creating a place that fulfills Marin residents’ vision for the region as a whole.”17 Marin could realize this vision by creating a regional authority to coordinate and facilitate affordable housing policy on a countywide basis, or by tasking an existing authority, such as the Transportation Authority of Marin, with these duties. This can be accomplished by reviving the City County Planning Committee proposal or by the creation of a regional authority by the county and the city and town councils. The new housing landscape described in this report should galvanize Marin’s leaders to pursue effective countywide housing cooperation. Marin cannot afford to miss this opportunity again. FINDINGS F1. Marin County lacks sufficient affordable and workforce housing. F2. Increasingly, individuals who work in Marin County cannot afford to live in the county, many of whom must commute from outside the county. F3. Recent California laws provide new incentives for local governments to collaborate in developing affordable housing. F4. The Regional Housing Needs Allocation allotments are widely viewed as unachievable for the county and many Marin municipalities. F5. Failure to achieve Regional Housing Needs Allocation allotments will trigger loss of local control over housing development. F6. There is new and increasing support and willingness to cooperate among elected officials for building affordable housing in Marin. F7. A countywide approach to housing development would enhance Marin’s ability to meet affordable and workforce housing needs. F8. Large affordable housing developments in Marin require subsidies to be financially feasible. F9. Organizations with expertise and access to subsidies and other funding sources are successfully building new affordable and workforce housing developments in Marin. F10. A countywide approach to housing development would enhance Marin’s ability to secure funding for affordable and workforce housing. 17 See Appendix A, p.4. Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 10 of 16 RECOMMENDATIONS R1. No later than December 31, 2022, the Marin County Board of Supervisors and Marin’s city and town councils should jointly create a regional authority, or empower an existing authority such as the Transportation Authority of Marin, to coordinate affordable and workforce housing policy on a countywide basis. REQUEST FOR RESPONSES Pursuant to Penal Code section 933.05, the grand jury requests responses as follows: From the following governing bodies: ■ City of Belvedere (F1-F10, R1) ■ City of Larkspur (F1-F10, R1) ■ City of Mill Valley (F1-F10, R1) ■ City of Novato (F1-F10, R1) ■ City of San Rafael (F1-F10, R1) ■ City of Sausalito (F1-F10, R1) ■ Marin County Board of Supervisors (F1-F10, R1) ■ Town of Corte Madera (F1-F10, R1) ■ Town of Fairfax (F1-F10, R1) ■ Town of Ross (F1-F10, R1) ■ Town of San Anselmo (F1-F10, R1) ■ Town of Tiburon (F1-F10, R1) The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933 (c) and subject to the notice, agenda, and open meeting requirements of the Brown Act. INVITATION FOR RESPONSES The grand jury invites responses from the following governing body: ■ Transportation Authority of Marin (F1-F10, R1) Note: At the time this report was prepared information was available at the websites listed. Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 11 of 16 APPENDIX A: Supervisor Charles McGlashan Memo to the Executive Committee of The Transportation Authority of Marin, May 10th, 2006 May 10, 2006 TO: Executive Committee FROM: Charles McGlashan, Supervisor RE: Discussion of the TAM Countywide Planning Agency Special Committee, Agenda Item 5 Dear Commissioners: Executive Summary In November 2005 the Special Committee of the Transportation Authority of Marin (Committee) was established to reevaluate the mission, goals, and priorities of the Countywide Planning Agency (CWPA). The CWPA has not functioned as an agency since the Congestion Management Agency functions were designated to TAM in 2004. The Committee supports the functional continuation of the CWPA and preliminarily recommends the creation of a committee of TAM to assume the CWPA's role, to be called the City County Planning Committee (CCPC). Draft Statement of Purpose: The purpose of the CCPC is to provide a public forum on mutually agreed upon issues among elected representatives from the cities, towns, and the County to: • Collaborate on housing, transportation, land use, and sustainability issues. • Evaluate and monitor the cumulative impacts of planning and development. • Provide a forum for sharing ideas, information, resources, and best approaches. • Pursue funding opportunities for planning efforts on topics of mutual interest Key Recommendations In terms of the form and function, the Committee recommends that the CCPC should: • Convene as a committee of TAM • Consist of membership by elected leaders of all towns, cities, and the County • Initially meet up to three times a year • Encourage formal membership from the TAM representative • Follow Brown Act protocol • Staff by Marin County Community Development Agency • Provide an annual progress report • Bring action items to a TAM regular meeting Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 12 of 16 Executive Committee Item 5 Page 2 of 6 May 10, 2006 Background Multi-jurisdictional planning in Marin has traditionally been handled on a joint basis among its towns, cities and the County. One example was the City County Planning Council-established in the late 1960's to oversee the development of Marin's first Countywide Plan. This was followed by the Residential Development Review Board (RDRB), which was established in 1976 to consider development proposals within the Richardson Bay area, including Belvedere. Mill Valley, Sausalito, Tiburon, and portions of unincorporated Marin. The RDRB reviewed development proposals within this planning area by rating projects in categories such as Open Space, Environmental Impacts, Utilities and Public Services, and Project Facilities and Design. The RDRB was followed by the Countywide Plan Review Committee in 1983, which was formed to update the 1974 Countywide Plan. The CWPA was created on October 16, 1990 when eleven cities and the Board of Supervisors adopted the Joint Powers Agreement to implement countywide performance standards for traffic, housing, water and sewer facilities, and environmental protection to ensure that residential growth did not exceed local water, sewer, and transportation capacities. Another reason was to support a countywide effort to adopt a transportation sales tax. In 1993 the JPA was amended to designate the CWPA as the agency responsible for developing, adopting, and annually updating the countywide Congestion Management Program required by the passage of Proposition 111 in June 1990. Because attempts at passing a proposed transportation sales tax measure failed, funding for the CWPA never materialized. Nonetheless, for several years the CWPA served as the Congestion Management Agency (CMA) with limited staffing from the Community Development Agency. The CWPA continued to review general plans, general plan amendments, and other planning issues of interest to all jurisdictions. However, the primary function of the CWPA remained that of the CMA. When TAM was established in 2004, the congestion management duties were assigned to TAM, leaving the functions of the CWPA in flux. The CWPA has not been staffed the past two years. Special Committee of the Transportation Authority of Marin A Special Committee of the Transportation Authority of Marin (Committee) was formed in November 2005 to discuss the mission, goals, priorities, and form and function of the CWPA. The Committee, which has met semi-monthly through March 2006, consists of members from TAM, city and town council members and senior staff, along with representatives from a wide range of local and community organizations including: • Chair, Charles McGlashan, Marin County Board of Supervisors • Susan Adams, Marin County Board of Supervisors • Amy Belser, City of Sausalito • Sue Beittel, League of Women Voters • Dave Coury, Housing Council • Don Dickenson, Marin County Planning Commission • Carole Dillon-Knutson, City of Novato • Kristin Drumm, Planner, County of Marin • John Eells, League of Women Voters • Pat Eklund, City of Novato • Alice Fredericks, Town of Tiburon • Alex Hinds, Marin County Community Development Director Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 13 of 16 Executive Committee Item 5 Page 3 of 6 May 10, 2006 • Linda Jackson, Principal Planner, City of San Rafael • Margaret Jones, League of Women Voters • Joan Lundstrom, City of Larkspur • Marjorie Macris, Environmental Housing Collaborative • Ed Mainland, Sustainable Novato and Sustainable Marin • Karen Nygren, Sierra Club Marin Group • Roger Roberts, Marin Conservation League • Michele Rodriguez, Principal Planner, County of Marin Voters • Annette Rose, Environmental Housing Collaborative • Bob and Sue Spofford, Sustainable San Rafael • Lew Tremaine, Town of Fairfax • Patsy White, Marin Economic Commission The Committee agreed early in the process that it was important to provide a forum among elected leaders and the community to foster dialogue and learning, but not create local mandates, wrest planning control from local jurisdictions, or create another layer of review. The recommended City County Planning Committee (CCPC) would provide recommendations only. The Committee determined it was important to learn about the history of the CWPA in order to better understand its successes and challenges. Mark Reisenfeld, former Marin County Administrator and Planning Director, Carol Williams, former Marin County Assistant Planning Director, and Bob Pendoley, Corte Madera Assistant Town Manager and former San Rafael Planning Director, were invited to a Committee meeting to provide background information on the CWPA and insight on its successes and challenges. The Committee also reviewed and discussed the activities provided by Marin's various JPAs in order to ensure that the CCPC avoids providing duplicate services. A key concern for the Committee was to seek input and buy in from city and town elected officials and senior planning staff. CDA staff attended a monthly meeting of the Marin Planning Directors in February 2006 while Charles McGlashan, Committee Chair, attended the April 2006 Marin County Council of Mayors and Councilmembers (MCCMC) meeting to provide status reports on the Committee's work and obtain feedback. The Committee members have also been providing regular updates to the TAM Executive Committee and Board throughout the process The feedback from these meetings have been discussed and reviewed by the Committee and incorporated into the final recommendations. Throughout the process, the Committee conducted several brainstorming sessions to identify possible value-added outcomes and potential responsibilities for the CCPC. A thorough list of possible program outcomes was initially created, resulting in the City County Planning Committee Prioritization Table. This table was further refined and condensed, from which four outcomes arose as a top priority and are expressed in the statement of purpose, including: • Collaborate on housing, transportation, land use, and sustainability issues Evaluate and monitor the cumulative impacts of planning and development • Provide a forum for the sharing of ideas, information, resources, and best approaches for Marin, and • Pursue funding opportunities for planning efforts on topics of mutual interest. Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 14 of 16 Executive Committee Item 5 Page 4 of 6 May 10, 2006 While a number of important outcomes were discussed, the Committee decided the CCPC should initially focus on the outcomes defined in the statement of purpose. With limited funding and staffing resources, the consensus was for the CCPC to start small, build trust and teamwork, and grow as successes are achieved. Moreover, the Committee acknowledges that other issues may arise that the CCPC may desire to address. The attached Prioritization Table could be a useful reference to guide decision-makers, but by no means is intended to limit the priorities of the CCPC. Why Establish the City County Planning Committee? Historically there has been a strong culture of inter-jurisdictional collaboration and communication at both elected and staff levels that focused on a broad spectrum of topics beyond typical planning issues. Today there is not a similar venue for the cities, towns, and the County to come together to discuss planning issues of mutual inter-city and countywide significance, or for the public to address representatives of all the jurisdictions on these issues. While there are several JPAs that convene staff and elected leaders, there is no current venue at which elected leaders can discuss land use, cumulative impacts from our individual decisions, nor the nexus between land use and transportation policy. Meanwhile, transportation, housing, and traffic congestion issues continue to challenge Marin's local jurisdictions. A forum like the CCPC could enable all of Marin's jurisdictions to find solutions on issues affecting them. A recent, successful past example of countywide collaboration on planning related issues was the Housing Workbook and Housing Element process. The Workbook is a "kit of parts" collaboratively developed and available to each jurisdiction to use as appropriate to prepare their individual Housing Element based on their own needs, size, and resources. The CCPC provides an opportunity for elected officials, planning staff, and members of the public to assemble under one venue to not only develop and find solutions to issues of concern, but to engage in creating a place that fulfills Marin residents' vision for the region as a whole. Draft Statement of Purpose The Committee developed a draft statement of purpose for the CCPC that includes key recommendations on the proposed committee's form and function and four priority areas it should focus on in the short term. The purpose of the CCPC is to provide a public forum on mutually agreed upon issues among elected representatives from the cities, towns, and the County to: • Collaborate on housing, transportation, land use, and sustainability issues, • Evaluate and monitor the cumulative impacts of planning and development • Provide a forum for the sharing of ideas, information, resources, and best approaches for Marin, and • Pursue funding opportunities for planning efforts on topics of mutual interest. Key Recommendations The Committee preliminarily recommends that, based on the highest priorities and funding limitations, the City County Planning Committee (CCPC) initially meet three times a year as a committee of TAM. It is further recommended that an annual progress report be presented at a meeting of the full TAM Board and forwarded to the city and town managers and planning Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 15 of 16 Executive Committee Item 5 Page 5 of 6 May 10, 2006 directors of participating cities and towns. The CCPC Chair at each TAM Board meeting will also offer regular monthly committee reports. In terms of the form and function, the Committee recommends that the CCPC should: • Convene as a committee of TAM and be known as the "City County Planning Committee (CCPC) • Solicit active membership and participation by the elected leaders of all the towns, cities, and the County • Encourage formal membership from the TAM member, their alternate, or another designee appointed by the town or city council (or senior planning staff). • Initially meet up to three times a year. Additional meetings may be considered only if supplementary funding or grants are provided • Be open to all interested members of the public • Follow Brown Act protocol so all TAM members or their alternates can attend. • Initially be funded through in-kind staff support for meeting preparation, content development, data collection and research, and presentations for up to three meetings per year, along with the preparation and presentation of an annual progress report to the TAM Board. • Pursue grants for applicable projects. • Provide minutes to all TAM members, city and town managers, planning directors, and designated members of the CCPC. • Provide an annual progress report to TAM, city and town managers and planning directors, along with periodic updates, and • Bring action items to a TAM regular meeting if a vote or formal recommendation is needed, Initially, the Marin County Community Development Agency (CDA) will provide in-kind staff support for meeting preparation, content development, data collection, research, and presentations for up to three committee meetings per year, along with the preparation and presentation of an annual progress report to the TAM Board. The progress reports will also be distributed to the city and town managers and planning directors of each local jurisdiction and agency. Priorities of the CCPC Priorities of the CCPC include the following: 1. Collaborative Planning: Housing, Transportation, Land Use, and Sustainability. Coordinate housing element updates in order to maximize efficient use of affordable housing resources. • Negotiate with the Association of Bay Area Governments to achieve affordable housing goals. • Identify and assist in the planning of affordable housing in mixed use sites within the City Centered Corridor. • Pursue grant funding for eligible projects. • Collaborate with Sonoma County on transportation and land use issues, and discuss impacts on Highway 101, and • Improve coordination among the 12 city, town, and County general plans. 2. Evaluate and Monitor the Cumulative Impacts of Planning and Development. • Evaluate and monitor the countywide cumulative impacts of planning and development on: Affordable Housing: Time for Collaboration in Marin Marin County Civil Grand Jury Page 16 of 16 Executive Committee Item 5 Page 6 of 6 May 10, 2006 o Housing needs o Economic vitality o Social equity o Traffic congestion o The environment • Conduct an analysis of the countywide cumulative impacts of commercial buildout on housing, transportation, and the public infrastructure. • Identify indicators and benchmarks to track cumulative land use decisions, and • Evaluate carrying capacity and ultimate buildout to achieve a reduced ecological footprint in Marin. 3. Sharing of Ideas, Information, Resources, and Best Approaches for Marin • Review model ordinances and programs. • Encourage consistent standards and regulations where feasible and desired. • Promote more efficient resource use to reduce Marin's ecological footprint, and • Establish a system for the prioritization and ranking of issues. 4. Pursue funding opportunities for planning efforts on topics of mutual interest Next Steps The draft statement of purpose will be revised based on comments received at the Executive Committee meetings and will be taken to the May 25, 2006 TAM Board for comments and input. Staff is in the process of reviewing the existing CWPA JPA to determine its status. Pending this outcome and input received from the TAM Board, the Committee Chair and CDA staff may need to either modify or potentially dissolve the JPA document to reflect the new form and function of the CCPC. This outcome will be brought to TAM for consideration at the September 2006 TAM Board meeting. The first meeting of the CCPC is preliminarily scheduled for fall 2006. Recommendation: Staff recommends: 1. Review and discuss establishing the proposed City County Planning Committee EXHIBIT 2 1 RESPONSE TO GRAND JURY REPORT FORM Town of Tiburon Report Title: Affordable Housing: Time for Collaboration in Marin Report Date: June 24, 2022 Response By: Town of Tiburon FINDINGS • We agree with Findings numbered: F1, F-2, F-3, F-4, F-5, F-6, F-7, F8, F- 9 and F-10. • We disagree partly with Findings numbered: NA RECOMMENDATIONS  Recommendations numbered __NA___have been implemented.  Recommendations numbered:__NA___have not yet been implemented but will be implemented in the future.  Recommendations numbered ___NA__have been partially implemented, and remaining parts will be implemented in the future  Recommendations numbered: _R1_ require further analysis.  Recommendations numbered:___NA__will not be implemented because they are not warranted or are not reasonable. Date: September 21, 2022 Signed: ___________________________________ Number of pages attached: 3 Office of the Town Manager Town of Tiburon September 21, 2022 The Honorable James T. Chou Presiding Judge of the Marin County Superior Court Post Office Box 4988 San Rafael, CA 94913-4988 Pat Shepard, Foreperson Marin County Civil Grand Jury 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 Re: Response to Grand Jury Report Affordable Housing: Time for Collaboration in Marin Dear Honorable Judge Chou and Foreperson Shepard: This letter explains in detail the Town of Tiburon’s response to the Civil Grand Jury Report dated June 24, 2022 (Affordable Housing: Time for Collaboration in Marin )The Report directs the Town to respond to Findings F1-F10, and Recommendations R1 FINDINGS AND RESPONSES F1. Marin County lacks sufficient affordable and workforce housing. Response- The Town of Tiburon agrees with this Finding F2. Increasingly, individuals who work in Marin County cannot afford to live in the county, many of whom must commute from outside the county. Response- The Town of Tiburon agrees with this Finding F3. Recent California laws provide new incentives for local governments to collaborate in developing affordable housing. Response- The Town of Tiburon agrees with this Finding F4. The Regional Housing Needs Allocation allotments are widely viewed as unachievable for the county and many Marin municipalities. Response- The Town of Tiburon agrees with this finding F5. Failure to achieve Regional Housing Needs Allocation allotments will trigger loss of local control over housing development. Response- The Town of Tiburon agrees with this finding F6. There is new and increasing support and willingness to cooperate among elected officials for building affordable housing in Marin. Response- The Town of Tiburon agrees with this finding F7. A countywide approach to housing development would enhance Marin’s ability to meet affordable and workforce housing needs Response- The Town of Tiburon agrees with this finding F8. Large affordable housing developments in Marin require subsidies to be financially feasible. Response- The Town of Tiburon agrees with this finding. F9. Organizations with expertise and access to subsidies and other funding sources are successfully building new affordable and workforce housing developments in Marin. Response- The Town of Tiburon agrees with this finding F10. A countywide approach to housing development would enhance Marin’s ability to secure funding for affordable and workforce housing. Response- The Town of Tiburon agrees with this finding RECOMMENDATIONS AND RESPONSES R1. No later than December 31, 2022, the Marin County Board of Supervisors and Marin’s city and town councils should jointly create a regional authority, or empower an existing authority such as the Transportation Authority of Marin, to coordinate affordable and workforce housing policy on a countywide basis Response- This recommendation requires further analysis. The Town agrees collaboration on affordable and workforce housing policy is beneficial and will likely result in more affordable housing in our communities. In fact, Marin entities already benefit from collaboration in this area, as much work has been done to date. Cities and towns within the County have long collaborated with each other on Housing matters, beginning with the countywide Housing Element Handbook in 2008, which provided a shared template, background information and model programs and programs for the 2009 Housing Element effort. This effort was successful in that all Marin municipalities received certified housing elements. In addition, in 2019, Tiburon staff joined a countywide working group of Planning Directors and planning staff to support and encourage interjurisdictional collaboration on housing issues and solutions. The working group has established common goals and coordinated on housing legislation, planning, production and preservation of existing affordable housing sites. The working group meets once monthly and has evolved from briefings and discussions regarding state housing legislation into collaboration on projects to facilitate the development of more housing in Marin County. The working group applied jointly for SB2 planning grants in the summer and fall of 2019 and has started to collaborate on these grant projects, including Objective Design and Development Standards, an ADU Workbook and Website, and inclusionary housing program updates. The group received funds from ABAG to work collaboratively on shared Housing Element deliverables including translation dollars, Affirmatively Furthering Fair Housing products, visualizations, and a countywide website. Forming a Joint Powers Agreement (JPA) with 12 jurisdictions as proposed in R1 would take a significant investment of time, funding and energy that could impact current housing efforts. Given the diversity amongst Marin jurisdictions with regards to housing stock, land availability, demographics, and land use patterns, it may prove challenging to find consensus on several issues related to the formation of JPA’s. These include defining the proposed JPA’s powers, composition of the JPA Board, governance structure and funding sources. Doing so by December 31, 2022 is not a realistic timeline, particularly given each Marin jurisdiction is currently working hard to certify their housing element by January 31, 2023. The Town of Tiburon is committed to working with other Marin jurisdictions and stakeholders to support the production of affordable and workforce housing and remains open to additional formal or informal collaboration in the future. Sincerely, Greg Chanis, Town Manager Town of Tiburon TOWN OF TIBURON PAGE 1 OF 7 STAFF REPORT To: Town Council From: Police Department Subject: Introduce Ordinance Regarding Police Department Acquisition and Use of Military Equipment; Approve Military Equipment Use Policy Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY In order to comply with AB 481 and the California Government Code, Staff is recommending that the Town Council review and introduce a Military Equipment Use Ordinance. Staff also recommends that the Town Council approve by motion the attached Military Equipment Use Policy after determining that it is in compliance with state law and the proposed ordinance. RECOMMENDED ACTION(S) Staff recommends the Town Council 1. Hold a public hearing on the draft ordinance (Exhibit 2), and consider any testimony. Make a motion to read by title only and carry the motion. Introduce the ordinance by reading the title of the ordinance. Hold a roll call vote to pass first reading of the ordinance, waiving additional readings. If the ordinance is passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council. 2. Consider Approval of the Military Equipment Use Policy (Exhibit 4) BACKGROUND On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law. Subsequently, California Government Code Sections 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481. The text of AB 481 and the above-mentioned California Government Codes are attached to this Staff Report for reference as Exhibit 1. AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. Staff has prepared a draft ordinance, which is attached as Exhibit 2. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 21, 2022 Agenda Item: PH-1 Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 2 OF 7 The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on an Annual Military Equipment Report prepared by the law enforcement agency, that the military equipment does not comply with the above-described standards for approval. California Government Code Section 7070 provides a list of types of equipment that are to be considered “Military Equipment” for purposes of compliance with AB 481 and the Government Code. The Tiburon Police Department does possess military equipment as defined by AB 481, and have created a draft policy regarding such use, as well as to cover situations in which agencies which the Town coordinates with for mutual aid or other assistance also possesses Military Equipment. As required by AB 481, the department would report on such equipment annually, including on whether it will seek to acquire additional such equipment in the future. In doing so, the department will provide the public the opportunity to consider the use and deployment of such equipment within the jurisdiction. ANALYSIS California Government Code Section 7070(d) defines a Military Equipment Use Policy as: “’Military equipment use policy’ means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following: 1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. 2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. 3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. 4. The legal and procedural rules that govern each authorized use. 5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. 6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 3 OF 7 7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. California Government Code Section 7071(b) requires that the Police Department post to its website the Military Equipment Use Policy that it plans to propose to the Town Council at least 30 days prior to any public hearing concerning the policy. The Police Department complied with this requirement by posting the policy being proposed tonight, to its public website, on May 9, 2022. California Government Code Section 7071(d) stipulates that the Town Council shall only approve the Military Equipment Use Policy if it determines all of the following: 1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties. 3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. As discussed herein, the military equipment possessed by the Police Department or its regional partners who may use such military equipment are possessed because those specific apparatus provide tools which the Department cannot obtain elsewhere, and in the event they are needed, provides a safety mechanism not achievable in the same manner elsewhere. As such, the equipment is possessed in order to help safeguard the public’s welfare, safety, civil rights, and civil liberties. As can be seen in the list of equipment, the items possessed by the Department are reasonably cost effective. The equipment the Department currently possesses which meets the definition of military equipment under Government Code 7070(c) was used in compliance with the various applicable and existing policies of the Tiburon Police Department. The limited military equipment possessed by the department is necessary, cost effective, and when used properly (and consistent with applicable policies) provides tools which the Department could not obtain elsewhere. California Government Code Section 7070(e) establishes that the Police Department is responsible for delivering to the Town Council an Annual Military Equipment Report, which the Town Council can utilize to confirm compliance with the Military Equipment Use Policy and the accompanying Military Equipment Use Ordinance. Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 4 OF 7 The Tiburon Police Department has not obtained any equipment from military surplus programs, known as 1033 Programs, it does not possess any tactical equipment that it has obtained from the military, and it does not possess any equipment that was designed for military use. That said, California Government Code Section 7070 provides a list of sixteen (16) types of equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated California Government Codes, and the Police Department does possess and use some of these listed types of equipment. Of the sixteen (16) types of equipment specified, the Police Department possesses only three (3) types. The list of the sixteen (16) types of Military Equipment per California Government Code Section 7070 is included below. Equipment types that the Police Department possesses are noted in bold italics, and additional information on such equipment is included in the inventory list attached as Exhibit 3. 1. Unmanned, remotely piloted, powered aerial or ground vehicles. 2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. 3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. 4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. 5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. a) The Police Department possesses a Supervisor Vehicle. This vehicle is not armored or weaponized in any way and is used to facilitate unified command during critical and planned incidents. The additional equipment is a mobile radio setup at the rear of the vehicle, and a docking port for a computer, as well as a white eraser board. We did not find that this type of vehicle and equipment clearly met the definition and the Department did not originally list this equipment as part of its Military Equipment Inventory, but out of an abundance of caution we are noting this equipment here, and if the Town Council desires, we will list the Supervisor Vehicle on the policy. 6. Weaponized aircraft, vessels, or vehicles of any kind. 7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. 8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. 9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. 10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 5 OF 7 issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. 11. Any firearm or firearm accessory that is designed to launch explosive projectiles. 12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. a) PepperBall semi-automatic launcher capable of deployment of chemical irritant munitions. i. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). 14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons. a) 12-Gauge Shotgun capable of delivering of less lethal bean bag. i. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. b) 12-Gauge beanbag round. i. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 15. Any other equipment as determined by a governing body or a state agency to require additional oversight. 16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. The Military Equipment Use Policy being proposed by Staff includes a detailed inventory for each type of Military Equipment listed, as required by California Government Code Section 7070. This information includes the equipment’s capabilities, its purpose/authorized uses, the legal/procedural rules governing its use, and the training required of Staff prior to its use. Pursuant to California Government Code §7070(d)(7), the proposed Military Equipment Use Policy also provides the avenues through which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in the policy. These means include: 1. Via email to: www.townoftibruon.org/268/Personnel-Complaints-Commendations 2. Via phone: (415) 789-2801 3. Via mail: Tiburon Police Department Attn: Military Equipment Use Coordinator 1155 Tiburon Blvd. Tiburon, CA 94920 Staff has drafted the attached Military Equipment Use Policy, as required by law, for Town Council to consider adopting by motion (Exhibit 4). Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 6 OF 7 If approved, the Department would submit an annual military equipment report to the governing body describing the following: (1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. In addition, within 30 days of submitting the annual report, the Department would hold at least one well publicized community meeting where the general public could discuss and ask questions regarding the issues above. FINANCIAL IMPACT There would not be any new, unplanned direct fiscal impacts to continuing the use of equipment already in the Department’s inventory or continuing to collaborate with other law enforcement agencies, including in mutual aid circumstances. Maintenance costs of the bean bag launcher is estimated at possibly rising to $500 ongoing cost, depending on maintenance needs. There are also replacement costs for the bean bags ($500 each) and pepperballs ($150 each). The Department however would report on such replacement costs in subsequent annual reports to the extent replacements are needed. In addition, there will be staff time associated with compliance, annual review, reporting and community engagement meetings, all of which are required pursuant to applicable provisions of the Government Code. CEQA: The Ordinance and Policy are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines. RECOMMENDATION Staff recommends the Town Council 1. Hold a public hearing on the draft ordinance (Exhibit 1), and consider any testimony. Make a motion to read by title only and carry the motion. Introduce the ordinance by reading the title of the ordinance. Hold a roll call vote to pass first reading of the ordinance, waiving additional readings. If the ordinance is passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council. 2. Consider Approval of the Military Equipment Use Policy (Exhibit 4) Town Council Meeting September 21, 2022 TOWN OF TIBURON PAGE 7 OF 7 Exhibit(s): 1. Full Text of AB 481 from the California State Legislature 2. Draft Ordinance 3. Military Equipment Inventory 4. AB 481 Military Equipment Policy Prepared by: Ryan Monaghan, Police Chief EXHIBIT 1 Assembly Bill No. 481 CHAPTER 406 An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021.] legislative counsel’s digest AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use. Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with speciﬁed federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as deﬁned, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to speciﬁed conditions, at no cost to the acquiring agency. This bill would require a law enforcement agency, deﬁned to include speciﬁed entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as speciﬁed, by ordinance at a regular meeting held pursuant to speciﬁed open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as deﬁned. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets speciﬁed standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as deﬁned, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 STATE OF CALIFORNIAAUTHENTICATED ELECTRONIC LEGAL MATERIAL additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies. This bill would also require a state agency, as deﬁned, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as speciﬁed. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy. This bill would also include ﬁndings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By adding to the duties of local ofﬁcials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public ofﬁcials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains ﬁndings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative ﬁndings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a speciﬁed reason. The people of the State of California do enact as follows: SECTION 1. The Legislature ﬁnds and declares all of the following: (a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, signiﬁcant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of signiﬁcant ﬁnancial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities. (b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government ofﬁcials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. 92 —2 — Ch. 406 (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service. SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read: Chapter 12.8. Funding, Acquisition, and Use of Military Equipment 7070. For purposes of this chapter, the following deﬁnitions shall apply: (a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s ofﬁce, “governing body” means the board of supervisors of the county. (b) “Law enforcement agency” means any of the following: (1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department. (3) A district attorney’s ofﬁce. (4) A county probation department. (c) “Military equipment” means the following: (1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are speciﬁcally excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, ﬁve-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are speciﬁcally excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modiﬁed to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 Ch. 406—3 — or a handheld ram designed to be operated by one person, are speciﬁcally excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are speciﬁcally excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is speciﬁcally excluded from this subdivision. (10) Specialized ﬁrearms and ammunition of less than .50 caliber, including assault weapons as deﬁned in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to ofﬁcers, agents, or employees of a law enforcement agency or a state agency. (11) Any ﬁrearm or ﬁrearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following: (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The ﬁscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Ofﬁcer Standards and Training, that must be completed before any ofﬁcer, agent, or employee of the law enforcement agency or the state agency is allowed to use each speciﬁc type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 —4 — Ch. 406 authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each speciﬁc type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state ofﬁce, ofﬁcer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following: (A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 Ch. 406—5 — the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following: (A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of ofﬁcer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of ofﬁcer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or ﬁnal military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identiﬁed in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identiﬁed in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modiﬁcations 92 —6 — Ch. 406 to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment: (1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following: (1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. 92 Ch. 406—7 — (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy: (1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature ﬁnds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies. SEC. 3. The Legislature ﬁnds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public ofﬁcials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following ﬁndings: Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 —8 — Ch. 406 result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. O 92 Ch. 406—9 — EXHIBIT 2 DRAFT ORDINANCE NO. 2022-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MILITARY EQUIPMENT USE ORDINANCE WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481) (Government Code sections 7071 et. seq.) sets forth a process by which law enforcement agencies are to obtain approval from their governing bodies of a military equipment use policy through the adoption of an ordinance; and WHEREAS, AB 481 added California Government Code Sections 7070, 7071, and 7072 to codify the requirements set forth in AB 481 including that the Town Council of Tiburon approve a Military Equipment and Use policy by Ordinance; WHEREAS, pursuant to Government Code Section 7071(a)(1), requires that an ordinance must be timely adopted before a law enforcement agency may acquire or use new or existing military equipment and engage in other specified activities; and WHEREAS, the Tiburon Police Department currently has military equipment (as that term is defined in Government Code section 7070(c)) in its inventory; and WHEREAS, the Tiburon Police Department works closely with other local, county, state and federal law enforcement agencies within Marin County on police related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies; and WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of community members; and WHEREAS, the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the Town is necessary to safeguard the public’s welfare, safety, civil rights and civil liberties and there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and WHEREAS, Tiburon Police Policy 706 sets forth a military equipment use policy that is consistent with the Police Department’s current practices, has been posted on the Department’s website for at least thirty (30) days, complies with all the requirements of AB 481, will ensure ongoing regulation and compliance with the law going forward and will provide a means of community engagement and transparency regarding use of military equipment by the Department; and WHEREAS, public notice has been provided in accordance with applicable law; and WHEREAS, the Town Council desires to approve a military use policy in compliance with AB 481. NOW, THEREFORE, the Town Council of the Town of Tiburon, California, DOES HEREBY ORDAIN as follows: Section 1. The Town Council of the Town of Tiburon finds and determines as follows: A. The facts set forth in the recitals are true and correct and incorporated herein by this reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this ordinance. B. Authorizing the use of military equipment as set forth in this ordinance and Tiburon Police Policy 706 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of the military equipment as set forth in Tiburon Police Policy 706 is part of the Police Department’s overall approach to Critical Incident Management, Use of Force, De-Escalation and public safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively. C. This ordinance and Tiburon Police Policy 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting out, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of the specified military equipment in the Town of Tiburon. D. The Tiburon Police Department is not seeking to purchase any additional military equipment at this time. If in the future the Tiburon Police Department does desire to purchase additional military equipment, it will provide details through the Annual Report. E. Prior military equipment use by the Tiburon Police Department complied with the military equipment use policy that was in effect at the time of the use. F. This ordinance and Tiburon Police Policy 706 comply with the requirements of AB 481. Section 2. The Town Council finds that this ordinance and Tiburon Police Policy 706 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines. Section 3. Approval of Military Equipment Policy. The Town Council, by this Ordinance, adopts the 2022-2023 Military Equipment Use Policy, as set forth in Exhibit A. The Town Council further directs staff to establish an annual review procedure to review and provide for approval of any renewal of the military equipment use policy, in accordance with Government Code section 7072, to occur before May 1st of each subsequent year. Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The Town Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 5. Effective Date. This ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the Town Clerk of the Town of Tiburon shall cause this ordinance to be published pursuant to the provisions of Government Code Section 36933. Section 6. Environmental Review. The Town Council finds the approval of the Ordinance and Policy are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines. INTRODUCED AND FIRST READ by the Town Council of the Town of Tiburon at a regular meeting thereof on the __ day of ____, 2022. PASSED, ADOPTED, AND APPROVED by the Town Council of the Town of Tiburon at a regular meeting thereof this ___ day of ___, 2022 by the following vote to wit: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JON WELNER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK EXHIBIT 3 Inventory of Qualifying Equipment Owned/Utilized by the Tiburon Police Department 1 Equipment Name: PepperBall TAC-SA semi-automatic launcher Quantity Owned/Sought: 1 Lifespan: 10 years Equipment Capabilities: Capable of more precise deployment of chemical-irritant agent with 180 round rapid-feeding system with a maximum range of 60ft. for direct impact and 150ft. for area saturation. Manufacturer Product Description: .68 Caliber, 30ci high-pressure, semi-automatic, air system Purpose/Authorized Uses: To be used with agency-approved less than lethal and chemical- irritant munitions in accordance with Tiburon Police policy in high-risk and volatile situations with noncompliant and aggressive individuals. A verbal warning of the intended use of the device should precede its application. Fiscal Impacts: Approximately $1,700 initial cost, approximately $150 to replace projectiles as needed Legal/Procedural Rules Governing Use: Use is subject to the applicable State, Federal, and Local laws, and Tiburon Police policies (300.5, 300.5.1, 301, 303.11). Must have expressed supervisor approval to deploy. Training Required: Agency-certified orientation course; regular refresher training Other Notes: Description source: https://pepperball.com/launchers/tac-sa/ Inventory of Qualifying Equipment Owned/Utilized by the Tiburon Police Department 2 Equipment Name: Remington Model 870 12-gauge, pump-action shotgun (Orange Stock / Utilized as Less Lethal Delivery System) Quantity Owned/Sought: 12 Lifespan: 10 years Equipment Capabilities: Capable of single-round deployment of less lethal bean bag munition with a range of 20ft. to 50ft. Manufacturer Product Description: Single shot pump-action tactical shotgun Purpose/Authorized Uses: To be used with less-lethal agency authorized bean bag rounds. To compel a noncompliant and aggressive individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application. Fiscal Impacts: Approximately $4,800 initial cost, approximately $500-ongoing costs that vary depending on maintenance needs Legal/Procedural Rules Governing Use: Use is subject to the applicable State, Federal, and Local laws, and Tiburon Police policies (300.5, 300.5.1, 301, 303.11). Must have expressed supervisor approval to deploy. Training Required: Agency-certified orientation course; regular refresher training Other Notes: Description source: https://www.remarms.com/shotguns/pump-action/model-870/ Equipment Name: Kinetic Energy Projectiles: 12 Gauge "bean bag" rounds Quantity Owned/Sought: 100+ Lifespan: N/A Equipment Capabilities: Less than lethal bean bag munition with a range of up to 75ft. Manufacturer Product Description: 12-Gauge drag stabilized bean bag 40g tear-shaped cotton and ballistic material bag munition discharged from an agency authorized 12-Gauge delivery device Purpose/Authorized Uses: To compel a noncompliant and aggressive individual to cease his/her actions when such munitions present a reasonable option. A verbal warning of the intended use of the device should precede its application. Fiscal Impacts: Approximately $535 per 100, approximately $500 to replace as needed Inventory of Qualifying Equipment Owned/Utilized by the Tiburon Police Department 3 Legal/Procedural Rules Governing Use: Use is subject to the applicable State, Federal, and Local laws, and Tiburon Police policies (300.5, 300.5.1, 301, 303.11). Must have expressed supervisor approval to deploy. Training Required: Agency-certified orientation course; regular refresher training Other Notes: Description source: https://www.defense-technology.com/product/drag-stabilized-12-gauge-bean-bag-round/ EXHIBIT 4 Policy 706 Tiburon Police Department Tiburon PD Policy Manual Copyright Lexipol, LLC 2022/09/16, All Rights Reserved. Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 1 Military Equipment 706.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 706.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body – The elected or appointed body that oversees the Tiburon Police Department. Military equipment – California Government Code section § 7070 (c) defines Military Equipment as any of the following: •Unmanned, remotely piloted, powered aerial or ground vehicles. •Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. •High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs_ and motorized dirt bikes are specifically excluded from this subdivision. •Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. •Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. •Weaponized aircraft, vessels, or vehicles of any kind. •Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. •Firearms of_.50 caliber or greater. However, standard-issue shotguns are specifically excluded from this subdivision. •Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision •Specialized firearms and ammunition of less than_.50 caliber, including assault weapons as defined in Sections § 30510 and § 30515 of the Penal Code, with the exception of standard-issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or state agency. •Any firearm or firearm accessory that is designed to launch explosive projectiles. Tiburon Police Department Tiburon PD Policy Manual Military Equipment Copyright Lexipol, LLC 2022/09/16, All Rights Reserved. Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 2 •"Flashbang" grenades andexplosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. •TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). •The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag, " rubber bullets and specialty impact munition (SIM) weapons. •Any other equipment as determined by a governing body or a state agency to require additional oversight. •Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designed as prohibited or controlled by the federal Defense Logistic. 706.2 APPROVAL The Chief of Police or the authorized designee has obtained approval from the governing body, the Tiburon Town Council, by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee submitted the military equipment policy to the Tiburon Town Council and made it available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy was approved by the Tiburon Town Council on September 21, 2022 prior to engaging in any of the following (Government Code § 7071): (a)Requesting military equipment made available pursuant to 10 USC § 2576a. (b)Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (c)Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d)Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e)Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f)Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g)Acquiring military equipment through any means not provided above. 706.3 POLICY It is the policy of the Tiburon Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. Tiburon Police Department Tiburon PD Policy Manual Military Equipment Copyright Lexipol, LLC 2022/09/16, All Rights Reserved. Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 3 706.4 MILITARY EQUIPMENT COORDINATOR The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a)Acting as liaison to the governing body for matters related to the requirements of this policy. (b)Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c)Conducting an inventory of all military equipment at least annually. (d)Collaborating with any allied agency that may use military equipment within the jurisdiction of Tiburon Police Department (Government Code § 7071). (e)Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1.Publicizing the details of the meeting. 2.Preparing for public questions regarding the department’s funding, acquisition, and use of equipment. (f)Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g)Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 706.5 MILITARY EQUIPMENT INVENTORY The list linked below constitutes a list of qualifying equipment for the Department: https://policy.lexipol.com/app/agency/view-file/4012204049181493504? manualld=1220031120144703450 706.6 COORDINATION WITH OTHER JURISDICTIONS Law enforcement agencies responding to a call for mutual aid or who participate in collaboration or coordination with the Tiburon Police Department within the Town of Tiburon shall adhere to their own policies on the use of military equipment. 706.7 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). Tiburon Police Department Tiburon PD Policy Manual Military Equipment Copyright Lexipol, LLC 2022/09/16, All Rights Reserved. Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 4 The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory, which is the following information: (a)A summary of how the military equipment was used and the purpose of its use. (b)A summary of any complaints or concerns received concerning the military equipment. (c)The results of any internal audits, any information about violations of the military equipment use policy and any actions taken in response. (d)The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade and other costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e)The quantity posessed for each type of military equipment. (f)If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. The Tiburon Town Council will use the Annual Military Equipment Report as a mechanism to ensure the Tiburon Police Department's compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Policy for the subsequent year. 706.8 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. 706.9 POLICY COMPLIANCE Government Code section 7070 requires that this policy specify the mechanisms to be used by the Department to ensure compliance with this policy. Complaints regarding violations of this policy are subject to investigation and discipline in accordance with Policy 1009, and other policies of the department related to officer discipline. Complaints, questions, or other inquiries can be made as descibed below in the Public Involvement section. Further, the Chief will designate a Military Equipment Coordinator, whose responsibilities are described herein, which will include assisting with ensuring compliance with this policy. Tiburon Police Department Tiburon PD Policy Manual Military Equipment Copyright Lexipol, LLC 2022/09/16, All Rights Reserved. Published with permission by Tiburon Police Department ***DRAFT***Military Equipment - 5 706.10 PUBLIC INVOLVEMENT Pursuant to California Government Code § 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means: (a)Via phone call to: (415) 789-2801 (b)Via mail sent to: Tiburon Police Deparmtnet, 1155 Tiburon Blvd., Tiburon, CA 94920 (c)Via email at: www.townoftiburon.org/268/Personnel-Complaints-Commendations The Tiburon Police Department is committed to responding to complaints, concerns, and/or questions received through any of the above methods in a timely manner.