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Home My WebLink AboutTC Agd Pkt 2023-02-15 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council February 15, 2023 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/82046779294 Webinar ID: 820 4677 9294 Call-in Number: +1 669 444 9171 Access Code: 820 4677 9294 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. REGULAR MEETING – 5:00 P.M. CALL TO ORDER AND ROLL CALL Councilmember Thier, Councilmember Welner, Vice Mayor Fredericks, Mayor Ryan 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. INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS • Daniel Morgan, Planning Commission & Design Review Board • Daniel Fletcher, Planning Commission & Design Review Board CONSENT CALENDAR CC-1. Town Council Regular Meetings – Adopt resolution that would change the Town Council’s regular meeting time to 6:30 p.m. (Department of Administrative Services) CC-2. 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-3. Black History Month – Adopt resolution in honor of Black History Month (Department of Administrative Services) ACTION ITEMS AI-1. Thomas Jackson Public Art Installation – Consider request for $7,000 contribution toward the Thomas Jackson Public Art Installation and approval of a budget amendment in the contribution amount from the General Fund Operating Reserves (Heritage & Arts Commission) AI-2. Main Street Closure – Consider request to close Main Street on Saturday, April 1, 2023 from 2:00 p.m. to 6:00 p.m. for the Persian Nowruz-New Year Spring Festival (Department of Administrative Services) AI-3. Diversity Inclusion Task Force – Consider appointment of Chair and Vice Chair of the Diversity Inclusion Task Force (Department of Administrative Services) PUBLIC HEARINGS PH-1. 1911 and 1915 Mar West Street – Consider approval of a partial street abandonment associated with a proposed lot line adjustment (Community Development Department) [CONTINUED TO MARCH 15, 2023] TOWN COUNCIL REPORTS TOWN MANAGER REPORT CLOSED SESSION 1. Public Employee Performance Review: Government Code Section 34957 Title: Town Manager 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9: (One potential case) Claim filed by Jordan Warren on August 31, 2022, on file with the Town Clerk’s Office ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY 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 February 15, 2023 Oral Communications Late Mail Requests for Copies: Lea Dilena, ldilena@townoftiburon.org From:Lorraine Gemigniani To:Lea Dilena Subject:Coyote Issue Date:Wednesday, February 15, 2023 4:47:03 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello everyone, I would like to request that the Town of Tiburon schedule a "Town Hall" type meeting where residents can share their concerns regarding the coyote problem facing Tiburon. Thank you! Lorraine Gemigniani Town of Tiburon 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org 415.435.7377 TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk Applicant Name Full Name: Date: Areas of Interest Please indicate your areas of interest in numerical order: Planning Commission Parks, Open Space & Trails Comm. Design Review Board Bel-Tib Joint Recreation Board Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board Daniel Fletcher 01/22/2023 13 24 Applicant Information Address: Street Address Apartment/Unit # City State ZIP Code Phone:Email: Why did you select your area(s) of interest? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. 1661 Mar West St. Tiburon 1-312-608-5816 daniel.l.fletcher@gmail.com This past summer my wife and I moved from the city (SF) to Tiburon to put down permanent roots and raise our family in this beautiful town. We found our family home just under Old St. Hilary's and a short walk from downtown. We havea2yearolddaughter (Quinn) in preschool at BTCCC and a two month old (Eloise) who will follow in her big sister's footsteps. We chose Tiburon for so many reasons - friends, natural beauty, family friendliness, history, schools, culture, safety. Tiburon, in our eyes, is one of the most amazing towns in the country. We would like to contribute to the success and prosperity of this town where we plan to raise our family and I believe that my experiences, skill set and passions align closely with my four choices above. The Commissions and Boards that I have selected are focused on planning & stewardship, our natural environment and our community recreational and educational programming. These are all areas I am passionate about and to which I believe I can contribute. Professionally, I am a CFO, investor and board member. My 16 year career has spanned many industries from technology and manufacturing to consumer goods and commercial real estate, with 13 of my 16 years spent in leadership roles. My strengths lie in leadership, growth, strategy, financial stewardship and M&A. As a corporate leader, I pride myself in being able to bond with, lead and learn from people from an immense diversity of backgrounds, geographies and motivations. I have a Bachelors and Masters in Accounting and I am a Certified Public Accountant (CPA). In my personal life I am a husband, father and Tiburon resident. I love to enjoy our local parks with the family and play tennis and golf when I can find the time as a father of young children. Daniel L. Fletcher 1661 Mar West St ▪ Tiburon, CA 94920 SUMMARY C-Suite Executive ▪ Board Member ▪ Investor ▪ Private Equity Professional ▪ Advisor SKILLS Strategy ▪ Performance Improvement ▪ Organizational Transformation ▪ Business and Corporate Development ▪ Financial Modeling ▪ M&A ▪ Carve Outs & Integrations ▪ S&OP Planning ▪ Budgeting & Forecasting ▪ Process Improvement ▪ Treasury ▪ Financial Reporting ▪ Salesforce Effectiveness ▪ Valuation ▪ Financial & Operational Due Diligence ▪ Pricing & Packaging ▪ GTM ▪ Technology ▪ 100 Day Planning & Execution ▪ Team Building PROFESSIONAL EXPERIENCE Chief Financial Officer, Planful Dec. 2018 – May 2020, Jan. 2022 - present CFO of this leading provider of cloud-based connected planning and financial close enterprise software solutions. Leadership over Finance, Accounting, Corporate Development and Legal. Chief Financial Officer, MarkLogic Oct. 2020 – Jan. 2022 CFO of this ~$130M leading enterprise NoSQL database vendor. Leadership over Finance, Corporate Development, Human Resources, IT, and Legal. Sold to Progress Software. Board Member, Gappify Aug. 2021 – present Leader in accounting process automation software Principal, Vector Capital – technology investment firm Jun. 2018 – present Principal working across all aspects of the investment process, including origination of new investment opportunities, due diligence and managing existing investments. Advisory Board Member, Ordway – billing, revenue recognition software Apr. 2022 - present Advisory Board Member & Investor, Tesorio – cashflow performance software Feb. 2020 – present Board Member, Clover Wireless Dec. 2019 – Mar. 2021 ~$300M global market leader of aftermarket lifecycle management services and solutions for mobile devices Alvarez & Marsal, Private Equity Performance Improvement Apr. 2014 – Jun. 2018 Served in portfolio company executive leadership roles and executed performance improvement initiatives for PE firms such as Advent International, Platinum Equity, Kohlberg & Co, Stone Canyon, JMI and Pamplona Associate, Sterling Partners – healthcare, education & technology investment firm May 2011 – Aug. 2013 Manager, Allstate Investments – Fortune 100 Asset Manager Sep. 2010 – May 2011 PricewaterhouseCoopers Aug. 2007 – Sep. 2010 Audit serving large financial institutions such as Goldman Sachs, Grosvenor Capital and State Farm Bank EDUCATION & CREDENTIALS University of Missouri, Trulaske College of Business Columbia, MO Masters of Accountancy – cum laude May 2007 Bachelor of Science in Accountancy – cum laude May 2006 Honors College Graduate May 2006 Certified Public Accountant Town of Tiburon 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org 415.435.7377 TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon’s local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk Applicant Name Full Name: Date: Areas of Interest Please indicate your areas of interest in numerical order: Planning Commission Parks, Open Space & Trails Comm. Design Review Board Bel-Tib Joint Recreation Board Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board Daniel Morgan 01/31/2023 1 2 Applicant Information Address: Street Address Apartment/Unit # City State ZIP Code Phone:Email: Why did you select your area(s) of interest? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. 1 Benton Court Tiburon, CA 94965 415-515-2179 Dan@Marinerslandingllc.com I have been in the building and entitlement areas for the 40 years and have been on "the other side of the table" all of those years. Now, I would like to give back and be on the decision makers side of the table. I believe my experience, knowledge and understanding of the process will be a benefit to both the town and the applicants. With respect to the planning commission appointment, this area intrigues me and I learn something each time I approach it. I like land use and would be an asset in this particular time of changes to state law. With respect to the design review board, I believe I have progressive design tastes as well as the understandign of how things should fit in both esthetically and practicality. I am a licensed general contractor; I am a licensed real estate broker; I have entitled over 1600 homes in my carrier; I have built over 500 homes in my carrier; I have entitled numerous commercial properties in my carrier; I currently own and manage a significant portfolio of both commercial and residential properties in Marin and Sonoma Counties; Daniel H. Morgan PROJECT RESUME Daniel Morgan has been in the real estate industry his entire carrier that began in 1982. He began his carrier as a real estate appraiser and completed the education and experience requirements for the MAI designation. Dan earned his CCIM designation in 1989 and earned his master’s degree in real estate from Golden Gate University in 1990. From that point he transitioned into the development field with his primary focus on residential development. Most recently (over the past 5 years) Dan has been focused on commercial properties. Below is a summary of relevant projects: COMPLETED PROJECTS Various Single Family Luxury Speculative Homes – Northern California: 8 Buckwheat Ct. Tiburon, CA 1994 335 Backfield Drive, Tiburon, CA 1994 4 Acacia, Tiburon, CA 1997 603 Fairway Drive, Novato, CA 1997 607 Fairway Drive, Novato, CA 2000 611 Fairway Drive, Novato, CA 2000 25 Moncada, San Rafael, CA 2001 1301 Sandy Way, Olympic Valley, CA 2004 2 Ranch Drive (Victorian Office), Novato, CA 2005 31 Juno Road, Tiburon, CA 2006 99 Montford, Mill Valley, CA 2011 111 Woodland, Kentfield, CA 2013 575 Throckmorton, Mill Valley, CA 2014 1 Benton Court, Tiburon, CA 2014 124 California Street, Mill Valley, CA 2015 87 Laurel Grove, Ross, CA 2016 15 Toussin, Kentfield, CA 2017 Single Family Speculative Work in Progress: Fountaingrove Ranch, Santa Rosa, CA 2019 New Home Subdivision Work in Progress: Kerry Ranch Subdivision 2018 Marlow Road Subdivision 2018 New Home Subdivision History - Entitlement/Construction Completed and Sold to Date: Santa Ana Town homes --- Santa Rosa, CA 43 Homes Santa Ana Town Homes is a subdivision located on Petaluma Hill Road in Southeast Santa Rosa. This project sold out in 1994 and 1995 and had no standing inventory. Peach Court --- Santa Rosa, CA 35 Homes Peach Court is a subdivision that was the first project completed under the Sonoma County “Type C” guidelines that give a density bonus for selling the homes to low/moderate income buyers on a 20/80 basis. The project won a Gold Nugget Merit Award in the “Best Affordable Detached Home” category. The homes sold in 1996 and 1997 and had no standing inventory. Cotati Oaks --- Cotati, CA 24 Homes Cotati Oaks is a subdivision located on School Street in Cotati. The project was built and sold in 1998 and 1999 and had no standing inventory. Wild Oak --- Santa Rosa, CA 6 Homes The Villages at Wild Oak are homes in a PUD in the Wild Oak Subdivision near Oakmont. The non---age restricted community caters to empty nesters and older adults. The project was built and sold in 2000 and had no standing inventory Meadowlark Homes --- Santa Rosa, CA 86 Homes This project consists of 3 phases totaling 86 homes in the northwest quadrant of Santa Rosa. This project came on the market in 2004 and there was no standing inventory. Prices and demand were strong as this was the only product on the market at the time. It had a UST issue to be resolved and Wells Fargo Bank was the construction lender. Marin Country Club Estates --- Novato, CA 37 Homes Marin Country Club Estates is a subdivision at Marin Golf and Country Club. The final mapped subdivision was acquired from the lender in 1998 on very favorable terms. The plan was to build the first 7 homes of which 3 were completed and sold (Fairway Drive Homes in the speculative homes section). The remaining lots were donated to the Marin County Open Space District and a charitable contribution deduction of approximately $3,000,000 was received. Atherton Ranch – Novato, CA 158 Homes Atherton Ranch is a subdivision with 70,000 square feet of commercial office space on Redwood Boulevard in downtown Novato. The site consists of 48 acres of which over ½ will remain open space. Forty of the homes (25%) were affordable to low-income senior citizens through a partnership with the Nova---Ro Corporation, which is a subsidiary of the Novato Rotary Club. The project approval and EIR certification was completed in November 2000 and groundbreaking began in July of 2002 and the project was completed in 2004. This community received the coveted 2004 Gold Nugget Award in the category of “Best Master Planned Community, 25 to 99 Acres.” There was no standing inventory. The commercial portion was exchanged into the 2401 Bert Drive commercial property discussed below. Red Tail Estates – Santa Rosa, CA 15 Homes This project was purchased with final map recorded and improvement plans approved. This project was completed in 2003 and 2004. There was no standing inventory. Calhoun Village – Indio, CA 31 Homes A gated community located at Calhoun and Dr. Carrion near Jackson St. in the city of Indio. The project sold out during the 3rd Qtr. of 2005 and there was no standing inventory. Northview 1 --- Santa Rosa, CA 19Homes Northview 1 is a subdivision on 2.5 acres in northwest Santa Rosa. The unique feature of this project is the fact that 10 of the homes included “Granny” units, which were strongly encouraged by the City of Santa Rosa. Construction was completed in 2006 and sales stretched into 2007. Chanate Village – Santa Rosa, CA 34 Homes This property this located at Chanate Road and Mendocino Avenue in the city of Santa Rosa. It is near the junior college, Kaiser Hospital and the County Administration building. The project was completed in 2007 and was the first in Northern California to be sold at Auction. The homes all sold in 35 minutes and closed over the next 45 days. La Placita – Palm Desert, CA 20 Homes This project is located on the south side of Hovely Avenue between Portola and Monterey in Palm Desert. The homes were move up and sold in 2006 with no standing inventory. Bel Aire – Palm Desert, CA 8 Homes This property was 5 apartment units on 2.5 acres in prestigious south Palm Desert off of Highway 74. It was subdivided into 8 lots and sold to a custom builder in 2005. Avalar Master Planned Community 1004 Homes The 240 acres were acquired under a rolling option over a 4-year period beginning in 2001. The plan consisted of 6 separate communities and a school site. The first phase of the Master Planned Community was Navarra at Avalar which was successfully built out and sold. Navarra at Avalar – Coachella, CA 160 Homes This is a part of the Avalar Master Planned community in the City of Coachella. Morgan built 160 of the homes in the first phase in 2004 through 2006. The homes experienced significant appreciation and Bank of America was the lender. Anthony 2 – Coachella, CA 152 Homes This subdivision was part of the Avalar Master Planned community in the City of Coachella, CA. It was entitled by Morgan and sold to KB Homes who built the homes beginning in 2005 through 2007. This property was exchanged into the 1 McInnis Parkway property discussed below. Aria Place – Santa Rosa, CA 54 Homes This subdivision consisted of 2 maps – Wildflower and Tapestry and contained 25 and 29 homes respectively. The subdivision process started with Tapestry in 2005 and was re-entitled with new product for 2015-2018. The homes range in size from 1250 square feet to 1892 square feet and were all sold successfully by the end of 2018. HomeStreet Bank provided the construction financing. Gross revenues were $33.4M. Bay Village Subdivision 12 Homes Bay Village was a remainder parcel that consisted of 12 homes, 8 of which sold in 2017. The remaining 4 homes were completed in the last quarter of 2021 and immediately sold. The homes were attached at the garage in a duplex configuration. The homes sold and closed upon completion and the project was financed by HomeStreet Bank. Mark West Springs Subdivision Mark West Springs Subdivision consists of 17 single family homes and one 4 plex. This project recently sold out in early 2020 and was financed by First Bank from Sacramento. The homes sold in the mid to upper $500,000 to lower $600,000’s. 2022 WORK IN PROGRESS Marlow Road Subdivision – City44 – City44 is a 44-home subdivision in Santa Rosa with a contemporary style. It consists of detached and attached product and can be viewed at https://www.city44santarosa.com/. It is currently approximately 85% complete as of the end of Q4 2022. The model homes and phases 1 & 2 are completely sold out and closings will began in March 2022. All homes are under construction in the last phase and deliveries will be completed by Q2, 2023 and may extend into late 2023 due to market conditions. Gross revenues are estimated to be $35.5M. The project was financed by HomeStreet Bank. Kerry Ranch Subdivision – Kerry Ranch is a 30-home single family detached subdivision located in Santa Rosa, CA adjacent to the highly successful Aria Place subdivision. Kerry Ranch is also of contemporary design and consists of 12 homes with ADU’s and another 15 homes that are single story design. The model homes and phase 1 are complete and the balance of the homes are scheduled to be completed by the end of Q3 of 2023. Gross revenues are expected to be $30.6M. Sunwest Bank financed the project. SUMMARY - In all, Dan has built over 700 homes, entitled another 844 homes for a total of 1544 homes with an aggregate value of over $400,000,000. Commercial projects include the following: 1 McInnis Parkway, San Rafael, CA – this is a 33,000 square foot office building next to the Civic Center in San Rafael. The major tenant was Autodesk who occupied over ½ of the space. The building was acquired in 2005 and was subsequently sold to the Marin County Employees Retirement Association in 2007. This property was exchanged into the CVS Pharmacies discussed below. Atherton Place is an 11-unit commercial office building in Novato, CA. It is a historic Victorian leased to individual users of the space. The building was moved there as a part of the Atherton Ranch Subdivision discussed above. CVS Pharmacies – the Morgan’s owned 4 freestanding buildings leased to CVS Pharmacies. They are in Fredericksburg MD, Rockwell, NC, Danville, NC and Monticello, FL. This property was exchanged in 2013 for the Mariners Landing Property. 225 Locust Street, Sausalito, CA – this development property consists of a Marina with 10,000 square feet of flex space. It currently has a 60 boat Marina with 8.8 acres of “under water” fee simple land for expansion of the marina. 2401 Bert Drive, Hollister, CA – Mr. Morgan acquired this 175,325 square foot warehouse in 2007. It is leased to Tenknova (Nasdaq TKNO) and GMEX. This property was sold to a logistics REIT in Q1, 2022 which closed in June of 2022. Mariner’s Landing, Sausalito, CA – This property was acquired in the 4th quarter of 2013. It consists of 8 separate freestanding building containing 84,890 square feet of mixed-use space. When the property was purchased, it was 75% occupied and the gross monthly revenue was $127,115. Within 6 months of ownership, the occupancy was 100% and the gross revenue was $197,600 while reducing monthly expenditures. This property has been renovated and is fully leased. FaceBook is the major tenant and is occupying 22,000 square feet. The campus recently appraised for $42,000,000. Notable Accomplishments: Dan received the coveted Gold Nugget Award at the Pacific Coast Builders Conference in 2000 in the category of “Best Master Planned Community over 100 Homes” for the Atherton Ranch Subdivision. Dan also received a Gold Nugget Merit award for the Peach Court Subdivision in the category of “Best Affordable Detached Subdivision.” Dan was the featured builder in Builder Digest in the April 1999 edition. Dan recently spoke about debt financing at the Crittenden National Real Estate conference in San Diego. Lenders The following lenders have provided construction financing to Dan and his various entitles over the years: Bank of America Homebuilder Division Wells Fargo Bank Homebuilder Division National Bank of the Redwoods Summit State Bank Fremont Bank Allied Bank Circle Bank Umpqua Bank Sonoma Mortgage El Paseo Bank Palm Desert National Bank 5 Star Bank Napa Valley Bank HomeStreet Bank SunWest Bank Sabal Financial First Bank Community Bank of the Bay First Republic Bank TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Adopt Resolution Changing the Town Council Regular Meeting Time Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council will adopt a resolution changing its regular meeting time to 6:30 p.m. RECOMMENDED ACTION(S) 1. Adopt the resolution (Exhibit 1) by adoption of this item on the Consent Calendar. BACKGROUND In 2020, in response to the COVID-19 pandemic and the Governor of California’s Executive Orders permitting fully virtual Town Council meetings, the Town Council adopted Resolution No. 20-2020, changing the Town Council’s regular meeting time to 5:00 p.m. Resolution No. 20-2020 was written to change the Council’s regular meeting time to 5:00 p.m. only while operating virtual meetings and will expire on February 28, 2023, upon the expiration of the COVID-19 state of emergency in California. On February 1, 2023, the Town Council directed staff to return to the Council with a resolution permanently changing the Town Council’s regular meeting time to 6:30 p.m., effective March 1. The draft resolution (Exhibit 1) now comes before the Town Council for adoption. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting February 15, 2023 Agenda Item: CC-1 Town Council Meeting February 15, 2023 TOWN OF TIBURON PAGE 2 OF 2 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 adopt the resolution (Exhibit 1) by adoption of the Consent Calendar. Exhibit(s): 1. Draft Resolution Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 Page 1 of 1 Town Council Resolution No. XX-2023 DRAFT February 15, 2023 DRAFT RESOLUTION NO. XX-2023 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING THE TIME AND DATE OF MEETINGS OF THE TOWN COUNCIL WHEREAS, on June 6, 1978, the City Council of the City of Tiburon adopted Resolution No. 996 establishing its regular meeting time and date of the City Council to be the first and third Wednesdays of each month at 7:30 p.m.; and WHEREAS, in response to the COVID-19 pandemic, and the Governor of California’s Executive Orders No. N-25-20 and N-29-20 allowing government bodies to meet entirely by teleconference, and no longer requiring a physical location to be open to the public, the Town Council adopted Resolution No. 20-2020, rescinding Resolution No. 996 and changing its regular meeting time to 5:00 p.m. while conducting teleconferenced meetings only; and WHEREAS, Resolution No. 20-2020 will expire on February 28, 2023, upon the expiration of the Governor of California’s declared state of emergency; and WHEREAS, the Town Council now wishes to take action to permanently change the time of its regular meetings. NOW, THEREFORE, BE IT RESOLVED the regular meetings of the Town Council of the Town of Tiburon, State of California, shall be held on the first and third Wednesdays of each month, effective March 1, 2023, at the hour of 6:30 p.m. at the regular place of meeting, heretofore designated by the Town Council through Ordinance, provided however, that when any such Wednesday falls on a legal holiday, then such regular date of meeting shall be held the next business day, not a holiday, following such legal holiday. BE IT FURTHER RESOLVED Resolution No. 20-2020 is hereby rescinded, and this resolution will become effective on March 1, 2023. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon this 15th day of February, 2023, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JACK RYAN, 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 February 15, 2023 Agenda Item: CC-2 Town Council Meeting February 15, 2023 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 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 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-2023 DRAFT 02/15/2023 DRAFT RESOLUTION NO. XX-2023 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-2023 DRAFT 02/15/2023 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 February 15, 2023, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: __________________________ JACK RYAN, 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: Black History Month Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council will adopt a resolution in honor of Black History Month. RECOMMENDED ACTION(S) 1. Adopt the resolution (Exhibit 1) by adoption of this item on the Consent Calendar. BACKGROUND Since 1976, the month of February has been designated as Black History Month, to celebrate and recognize the contributions of Black Americans throughout history. Tonight, the Town Council will consider adoption of a resolution (Exhibit 1) recognizing Black History Month. 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 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 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting February 15, 2023 Agenda Item: CC-3 Town Council Meeting February 15, 2023 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 that the Town Council adopt the resolution (Exhibit 1) by adoption of this item on the Consent Calendar. Exhibit(s): 1. Draft Resolution Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 RESOLUTION NO. XX-2023 A RESOLUTION OF THE TOWN OF TIBURON DECLARING FEBRUARY 2023 BLACK HISTORY MONTH IN THE TOWN OF TIBURON WHEREAS, Black history is a very large part of American history and should be studied throughout the year, and since 1976, February has been designated as a month in which especially memorable events should be recognized and celebrated; and WHEREAS, Black History Month is an occasion to rediscover the enduring stories of Black Americans and the gifts of freedom, purpose, and opportunity they have bestowed on future generations; and WHEREAS, it is also a time to commemorate the countless contributions of Black Americans, many of whom lived through and surmounted the scourge of segregation, racial prejudice, and discrimination; and WHEREAS, their examples of heroism, patriotism, and enterprise have given people of all backgrounds confidence, courage, and faith to pursue their own dreams; and WHEREAS, the Town Council wishes to celebrate the meaningful contributions and achievements of Black Americans in the economic, educational, political, artistic, literary, scientific, and technological sectors, all woven throughout American history; and WHEREAS, the Town Council also wishes to take this opportunity to recognize significant contribution to local governance by Noah Griffin, the first Black member elected to the Tiburon Town Council in 2021, whose civic leadership has enriched us all; and NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon hereby declares the month of February 2023 as Black History Month in the Town of Tiburon and calls on all the people of Tiburon to honor the accomplishments of Black Americans in American history and to promote the principles of equity, equality, diversity, and inclusion for all in their daily lives. PASSED AND ADOPTED this 15th day of February 2023, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JACK RYAN, 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: Heritage & Arts Commission Subject: Consider Approval of a Funding Request from the Heritage and Arts Commission in the Amount of $7,000 for the Thomas Jackson Public Art Installation Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council is considering approval of a funding request in the amount of $7,000 from the Heritage & Arts Commission for the Thomas Jackson Public Art Installation planned for May-July 2023. RECOMMENDED ACTION(S) Staff recommends the Town Council: 1) Hear the request, take public comments, and consider approval of funds for the Thomas Jackson Public Art Installation and, 2) Authorize a Fiscal Year 2023 Budget Amendment in the approved contribution amount, with the source of funds for the Budget Amendment being General Fund Operating Reserves or, 3) Deny the request. BACKGROUND The Thomas Jackson art installation was created by the Public Art Selection Panel (PASP), a sub- committee of the Heritage & Arts Commission (H&A). The proposed installation would be temporary, and would remain in place for approximately 8.5 weeks from late May 2023 through early July 2023. The installation is comprised of a number of colorful lightweight pieces of sustainable fabric, each attached to its own 5-ft pole staked into the ground. The proposed location for the installation is a lawn area adjacent to the playground at South Knoll. Detailed information on the installation is included in the attached proposal (Exhibit 1). The proposal was presented to the Town Council at their meeting on October 19, 2022, and approved unanimously. The total estimated cost of the project is $14,700, and tonight the Heritage and Arts Commission is seeking a town contribution towards the project in the amount of $7,000. Please find a copy of the contribution request letter attached as Exhibit 2. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting February 15, 2023 Agenda Item: AI-1 Town Council Meeting February 15, 2023 TOWN OF TIBURON PAGE 2 OF 2 ANALYSIS A webpage has been created on the Town site to showcase the installation and provide information about the project and ways to donate. This webpage can be found at the following link: https://www.townoftiburon.org/466/Thomas-Jackson The H&A is actively fund-raising for the Thomas Jackson installation by taking the following actions to date: 1) Planning a “Meet the Artist” fund-raising reception at Town Hall, March 1, 2023. 2) Submittal of grant request for $5,000 to the Tiburon Peninsula Foundation. (Approved on Feb. 9, 2023) 3) Outreach via email and social media. 4) Sales of “StArt Pins” at various public venues. FINANCIAL IMPACT Per (Exhibit 2), the sum requested is $7,000. Project proponents have indicated they intend to raise the remaining funds to complete the work as detailed in (Exhibit 1). CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. 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: 1) Hear the request, take public comments, and consider approval of funds for the Thomas Jackson Public Art Installation and, 2) Authorize a Fiscal Year 2023 Budget Amendment in the approved contribution amount, with the source of funds for the Budget Amendment being General Fund Operating Reserves or, 3) Deny the request Exhibit(s): 1. Proposal-Thomas Jackson Public Art Installation 2. H&A Letter – Funding request Prepared By: Patricia Pickett, Liaison Heritage & Arts Commission EXHIBIT 1 THOMAS JACKSON Tiburon Installation Proposal 2023 INTRODUCTION: Installation Art Context •The Thomas Jackson Installation represents the first in a series of art projects developed by H&A and PASP. •This series seeks to make Tiburon a premier Bay Area arts and culture destination by offering residents and visitors opportunities to engage with public, site-specific contemporary art Installations and exhibitions by reputable artists. •This initiative is intended to engage town residents, businesses, and institutions as both supporters and audiences of contemporary art. •In addition, any cultural tourism from visitors who come to experience these works has great potential to bring revenue to local, Tiburon businesses and dining establishments. •The installation project met with unanimous approval by the Tiburon Parks, Open Space & Trails Commission on September 20, 2022. THOMAS JACKSON: Installations & Photography Thomas Jackson was born in Philadelphia, PA in 1971 and has been showing his work in group and solo exhibitions since 2012, when he was named one of the Critical Mass Top 50. Linen no. 006, Assateague Island, Maryland, 2022 Jackson’s work has been shown widely, including at The Photography Show (AIPAD) in New York, the Center for Contemporary Arts in Santa Fe and the Bolinas Museum in Bolinas, CA. Jackson won the “installation/still-life” category of PDN’s The Curator Award in 2013 and earned second place in CENTER's Curator's Choice Award in 2014.Tulle no. 39, Neskowin, Oregon, 2022 CONCEPT: Installation, Color, Movement, Landscape •The Thomas Jackson Installation is comprised of a number of colorful, lightweight pieces of sustainable fabric (e.g. cotton, linen, hemp), attached to its own five-to seven-foot pole staked into the ground. •The Installation will serve as a visualization of the prevailing winds, that sweep across the northern California landscape. Any change in wind intensity and direction, creates a change in the Installation. •The spectacle of shifting colors and forms changes from one moment to the next. •The overall effect will be a performance driven entirely by invisible, natural forces—the work dramatically interacting with the natural landscape. RELEVANCE & SUITABILITY The Thomas Jackson Installation is inspired by the interaction of landscape and natural forces. Designed as a site-specific work across the contours of sloping and undulating topography, the Installation conforms to the land and is driven by the wind. The Installation will convey the movement of natural elements (wind stirring grasslands, trees, waves etc.). It will also serve as an evocative reminder of the vitality of our natural environment and its transitory nature with regard to natural forces, time, and climate change. Following the POST Commission’s suggestion (and project approval), outreach to residents of Pine Terrace and to the Del Mar Neighborhood association has begun and will continue until project installation to help foster community support and engagement. LOCATION South Of The Knoll Open Space (Area: <approx. 75’x75’ ) Land under the authority of Town of Tiburon, with liability insurance covered by the Town, no special ‘rider’ necessary. This location provides optimal viewing/sight lines, wind, and topography. As an art installation intended for viewing only, the temporary work seems to fall under the "Passive recreational and open space uses for public and private enjoyment” designation. INSTALLATION: South of Knoll Open Space INSTALLATION DETAILS SIZE: As each piece of fabric is independently supported, each installation piece can vary in size, depending on the configuration of the Installation and the area of the site. The total size of the installation will not exceed an area of 75 feet x 75 feet. INSTALLATION: 1 day to ‘fit’ each piece to its pole; 2-3 days to install all pieces in the Installation. Signage about the project, and notice about existing dog leash ordinances will be posted at the site (TBD). DURATION: The Installation will remain in place for 8 1/2 weeks (Sunday May 7, 2023 –Friday, July 7, 2023). ENVIRONMENTAL IMPACT: Non-discernable, as there are no significant carbon, ecological, or water disruptions. Small holes left from poles will fill in. COST: $10,000 project fee, encompassing materials, labor and artist fee + $4,700 marketing, advertising, travel, events, contingency fee. BUDGET & TIMELINE BUDGET: $14,700 (incl. 5% contingency) •$10,000 (Cost of materials, labor, installation, artist’s fee) •$1,500 (Travel for Thomas Jackson) •$500 (Events –food, music, etc.) •$2,000 Marketing & Advertising: Banner, Cards, [Ads -Ark: 2x6 color ads (x2), Marin IJ (x2), SF Chronicle (x2), additional ‘START’ pins], signage. •$700 (5% contingency) TIMELINE: 10 months Fundraising: 8 months, September 2022 -April 2023 Installation : May 4 -6, 2023 DURATION (8 1/2 WEEKS) OPENING: May 7, 2023 CLOSING: July 7, 2023 FUNDING CAMPAIGN The fundraising campaign for the Thomas Jackson Installation will consist of the following three efforts: 1 Sale of mirrored StART (“Start ART” by L.A. artist, Scott Froschauer) pins at events, at select businesses* that wish to participate (pending Town Council approval), and through word of mouth. 2 Fundraising events including music performances, art/music lessons, etc. 3 Donations, sponsorships (TBD) *Participating businesses are encouraged to coordinate promotions for the duration of the installation. Funds raised through the campaign will be deposited and held in the “Public Art Reserve Fund,” a subsection of the “H & A Project Fund.” QR code on ad/marketing assets (cards, signage, etc.) will link to online payment portal (H&A web page). Also, cash or check will be accepted at point of sale, and then credit card payment when the Town of Tiburon is able to process card transactions this fall. We are hopeful that Venmo may also be a possible method of accepting payment (TBD). DIGITAL LIFE:Web and Social Media TOWN OF TIBURON WEBSITE The H&A Ad Hoc Committee for Town Exhibitions and Call for Artists is currently working on a plan to further develop a dedicated subsection of the Town website that will serve to inform the public about H & A activities and events, as well as artists (current, past, & future) participating in H&A related events and exhibitions. The Thomas Jackson Installation will be showcased in the H&A section of the website. ASSETS & PRESS KIT FOR TRADITIONAL ONLINE & SOCIAL MEDIA H&A & PASP members wishing to help spread the word will reach out to media contacts in their personal and/or professional networks to place media content (developed by the Thomas Jackson Ad Hoc Committee & related to the Installation) in appropriate channels. THOMAS JACKSON PROPOSAL •Presented by the Tiburon Heritage & Arts Commission and the Thomas Jackson Ad Hoc Committee (Arjun Gupta, Victoria Fong, and Azita Mujica-Beavers) •Thank you for your consideration EXHIBIT 2 Dear Members of the Tiburon Town Council, January 30, 2023 On behalf of the members of the Tiburon Heritage and Arts Commission (H&A Commission), we would like to express our deep appreciation and thanks for your past support of Heritage and Arts projects in the town of Tiburon. We are writing today to ask for your continued financial support as we prepare to present the Thomas Jackson exhibition this spring. The H&A Commission believes that a show of support from the Tiburon Town Council is a critical step toward reaching our goal of $14,700 and will help inspire major donations from residents who support public art and seek to make a difference in the town’s cultural legacy. The Thomas Jackson exhibition represents the first temporary public art project in Tiburon since the economic downturn caused by the COVID-19 pandemic. Moreover, it is the pilot project for what the Heritage and Arts Commission envisions as an annual temporary public arts program that will bring contemporary works of art to the town and make Tiburon a Bay Area arts destination. As this is our first such endeavor, we Commissioners have faced a steep learning curve and are contending with a number of obstacles that have slowed the momentum of our fundraising campaign. The absence of an efficient donor payment process and the closure of Town Hall to public events are two of the issues we’re facing. Our funding campaign is now kicking into high gear, and with the proposed May exhibition date fast approaching, we are planning a major fundraising event on March 1st with the artist in attendance at a reception to inspire support. The successful Portuguese Dairy Mural was largely funded by public grants through Portuguese foundations and private donations. Today, we return to the Town Council for its continued support of the Thomas Jackson installation to help sustain public art in Tiburon and set the tone for future projects. We bring your attention to last year’s findings by the National Endowment for the Arts that, “While arts and cultural industries and workers nationwide have sustained heavy losses, the sector continues to play an outsized role in the U.S. economy—as the new data demonstrate,” said NEA Chair Dr. Maria Rosario Jackson. “The NEA is committed to participating as a key partner in the recovery of this sector, recognizing not only its economic value, but also the arts’ capacity to transform the lives of individuals and communities in other ways, contributing to health and well-being, and overall resilience.” Therefore, we respectfully ask the Town Council for a contribution of $7,000 in support of this 8 ½ weeks- long temporary exhibit that will engage residents and bring visitors to the town of Tiburon this spring. Thank you for your consideration, Jaleh Etemad, Chair, Heritage and Arts Commission Arjun Gupta, Vice Chair, Heritage and Arts Commission 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, April 1 as part of the Persian Nowruz – New Year Spring Festival Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider approval of a Main Street closure on Saturday, April 1 as part of local Persian Nowruz-New Year Spring Festival. RECOMMENDED ACTION(S) 1. Approve closure of Main Street on Saturday, April 1 from 2:00 p.m. to 6:00 p.m. for the Persian Nowruz Festival; 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 Persian Nowruz – New Year Spring Festival is a new festival event. The application has been presented to the Diversity Inclusion Task Force (DITF) and the event organizers are expected to seek funding for the event from DITF. The event organizers have requested to close a portion of Main Street from 2:00 p.m. to 6:00 p.m. on Saturday, April 1 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. An application for the event which includes a program/timeline is attached (Exhibit 1). TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting February 15, 2023 Agenda Item: AI-2 Town Council Meeting February 15, 2023 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, April 1, 2023 from 2:00 p.m. to 6:00 p.m. for the Persian Nowruz Festival; 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 Application Prepared By: Patti Pickett - Administration EXHIBIT 1 Tiburon Persian New Year / Nowruz Spring Festival Saturday, April 1, 2023 - 3:00pm to 5:30pm Tiburon Downtown, Main Street Set-Up 12/1:00 pm: DJ would like to sound check early 2:00pm: Street Barricades / Stage / Sound equipment Tables, Linens & Chairs Program 3:00pm: DJ Begins - DJ Teymour 3:15pm: Remarks Welcome: Tiburon Diversity Task Force - Nooshin - Thank Town, Businesses, encourage attendees to visit shops - Persian New Year / Nowruz introduction - Includes acknowledgement of Iran Women’s/Freedom Movement Town of Tiburon: Tiburon Town Council Town of Belvedere: Belvedere Mayor 3:30 pm - 3:50/4 pm: Classical Persian Music group - Nariman Assadi - 2 person ensemble percussion, daf 4:00 pm: Dance Performance – Beshkan Music, Dance & Food DJ - DJ Teymour Classical Persian Music group - Nariman Assadi Dance Instruction - Beshkan Persian food vendor sells easy street food items (No Alcohol) - Jasmine Market or KabbabQ - San Rafael Volunteer Led Activities Haft Seen Persian Nowruz display – volunteer Rezvan Joshary Kids Table craft – volunteer Rezvan Joshary Persian Art – TBD Poetry – TBD Clean-Up 5:30pm: Festival Core volunteer committee & Friends Street Barricades, Tables, Linens & Chairs Tiburon Town Council February 15, 2023 AI-2: Main Street Closure Late Mail Requests for Copies: Lea Dilena, ldilena@townoftiburon.org Tiburon Peninsula Chamber of Commerce Lower Main Street Closure Considerations The Tiburon Peninsula Chamber of Commerce is writing on behalf of the downtown businesses regarding the closure of lower Main Street for events. We believe that events contribute to a thriving community and create opportunities for outreach and inclusivity. In January 2023 the Chamber conducted a survey of downtown businesses on Main Street - including Ark Row - to understand how street closures for events impact their business operations. The results of the business survey reﬂects the reality that closing lower Main Street for events impacts downtown businesses in different ways. A business operating as a retail shop, restaurant, hotel or service provider may be affected by pedestrian/vehicular access, location and timing of music, or non-main street bars and food offerings. BACKGROUND Historically, the Chamber was the only organization that hosted events that involved lower main street closures as part of our organization’s efforts to promote local business. Main Street closures were limited to Friday Nights on Main and the annual Holiday Festival. These chamber events were speciﬁcally designed to promote local business. During the pandemic, the Chamber followed other bay area cities and introduced Slow Streets. Slow Streets was well received by businesses and residents alike in 2020 during the height of the pandemic as a way to support social distancing and outdoor business operations. In 2021, the business community was split on the effectiveness of the Slow Street program and it was ultimately discontinued in August of 2021. The chamber put a pause on downtown street closures in 2022 so that we could reevaluate what it means to host downtown events. Notably, the 2022 Holiday Festival was the only 2022 Lower Main Street closure requested by the chamber. During this same year, 3 community events were hosted by various local organizations that involved the closing of lower Main Street. Tiburon Peninsula Chamber of Commerce Lower Main Street Closure Considerations CONSIDERATIONS The Tiburon Peninsula Chamber of Commerce recommends that the following guidelines be taken into consideration when evaluating lower Main Street closures: I.No outside alcohol or food service allowed as part of the event. II.Limit daytime music and, if possible, locate the music at Fountain Plaza. Daytime music placed in the 3 min loading zone signiﬁcantly impacts the retail businesses and hotel because it is located directly adjacent to those businesses. Given the fact that the lower Main Street is so narrow, it is very challenging to create sufficient space between entertainment and business operations. Bands cannot be located at either end of the street closure because the stage would then block ﬁre truck access. III.Identify dates of any street closures by end of February annually. Businesses plan public and private events months in advance. Last minute street closures can be challenging for local businesses and disruptive to their own scheduled events. IV.Limit lower Main Street event closures to 5 per year. The Chamber would request a minimum of two of those closures for the annual holiday festival and one additional summer event. V.Ensure all event organizers have appropriate staff/volunteers to provide adequate post event clean up and the timely reopening of the street. SUMMARY The Chamber recognizes the evolving needs of our local businesses, our resident community and visitors - we embrace this change and our downtown events should reﬂect this evolution. Our town is fortunate to have many venues where we can come together to celebrate as a community. Each venue has its unique qualities - for example, food trucks and children's play areas go hand in hand with the design of the new library/town plaza space, as well as our school indoor/outdoor spaces, Belvedere Park and McKegney Green - not to mention, the various privately owned lots in town. Whereas, Main Street is a public street with existing businesses and should be used for events accordingly. We encourage the Town Council to carefully consider events on lower Main Street to ensure a balanced approach that factors in the impacts of street closures on our businesses. 2023 Chamber Survey of Local Businesses Results Summary The Tiburon Peninsula Chamber of Commerce reached out to businesses on Main Street (Lower Main Street and Ark Row) to survey them about ongoing Lower Main Street closures. The purpose of the survey was to help the chamber understand how lower Main Street closures impact Main Street businesses and what businesses would like to see in 2023. The survey only pertained to EVENT street closures on LOWER MAIN STREET. •24 Business Respondents •10 Retail •9 Restaurants/Tasting Rooms •5 Other/ Non Retail Page of 1 6 2023 Chamber Survey of Local Businesses Results Summary Page of 2 6 2023 Chamber Survey of Local Businesses Results Summary Page of 3 6 2023 Chamber Survey of Local Businesses Results Summary Page of 4 6 2023 Chamber Survey of Local Businesses Results Summary FOLLOWING ARE ADDITIONAL COMMENTS MADE BY BUSINESS OWNERS AT THE END OF THE SURVEY: •As a business on lower Main Street, we want to have street closures for events that are directly related to lower Main Street businesses. Events that promote shopping locally: Wine Festival, Fourth of July, Small Business Saturday, National Caviar Day, Opening Day on the Bay, etc. •Events on Main St should not impede / conflict they should enhance. Cultural events belong in a park or at the library. We should optimize and promote existing businesses as a priority, however outside vendors that enhance or create synergy with existing businesses should be considered. •I think it would be great to bring something back like FNOM but in the form of a full-day on Saturday's.This helps make it a clean slate so that no one will compare the events to FNOM. I feel that historically, the themed events have hurt our business as those events aren't necessarily keeping the businesses in mind, they just like the location. We pay a premium to be on Main Street and any event that takes place downtown should keep that in mind. •I support all events incluide weekend with or without music •Town Council should just make the rules and enforce consistently. Right now it is a disorganized free-for-all that is result of Town Council punting on the issue for years. •That is a resounding PLEASE, NO THANK YOU! The closure of lower Main St. directly affects our fondest clients' access to our portion of Main St. If Main St is closed at the intersection of Paradise Dr, Tiburon Blvd & Main St, the car continues west. •FNOM style events should be held for Memorial Day, 4th of July, and Labor Day. •Any closure of a street, Main or Mar West, requires permission from the Town of Tiburon. That permission should be monitored and limited as the closures are an inconvenience to locals and visitors alike who use Main Street to access facilities downtown. •Closing the street puts a burden on Ark Row for safety for emergency vehicles. Closing the street really does cut off ppl going to Ark Row to support the tenants. Why don’t we utilize the new library/park at the library? Lower Main Street closures have zero effect on my business. I would support the businesses on Lower Main St and their wishes. Page of 5 6 2023 Chamber Survey of Local Businesses Results Summary •Main Street Closures are some of the most popular events for our community. We need them. •Lower Main Street closures during the day restrict the access to people coming to Upper Main Street so foot traffic typically decreases whereas events in town which enable free flow of people such as the Wine Festival typically increases foot traffic. Ark Row needs all the help that the Chamber and Board can give us to generate foot traffic for Upper Main Street so I would encourage only minimal closures on lower Main or closures after 6pm by which time most stores on Lower Main Street are closed (except Lolas & Jerrys). •I like the idea of events that bring a sense of fun to the community especially around holiday times •Events increase foot traffic resulting in more exposure and potential new customers. Page of 6 6 TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Appointment of Chair and Vice Chair of Diversity Inclusion Task Force Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider appointment of a Chair and Vice Chair for the Diversity Inclusion Task Force. RECOMMENDED ACTION(S) 1. Consider appointing a Chair and Vice Chair of the Diversity Inclusion Task Force. BACKGROUND On October 7, 2020, the Town Council adopted Resolution No. 43-2020 (Exhibit 1) creating the Diversity Inclusion Task Force, a standing committee of the Town Council, made up of all five Town Council members and five at-large members of the public from the Town of Tiburon or the City of Belvedere. On February 3, 2021, the Town Council adopted Resolution No. 03-2021 (Exhibit 2) implementing protocols and procedures for the operation of the Task Force and its meetings. Per the resolutions, on an annual basis, the Town Council should appoint a Chair and a Vice Chair of the task force to serve for a 1-year term. According to Resolution No. 43-2020, the Chair should be a member of the Town Council. The current Chair of the task force is Councilmember Thier. The Vice Chair position is currently vacant, having recently been vacated by the resignation of Vice Chair Griffin from the Town Council. The Council has previously requested this item be considered on an annual basis at the second regular meeting in February. Those appointed to Chair and Vice Chair will serve for one-year terms (March 1 – February 28). ANALYSIS No further analysis provided. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting February 15, 2023 Agenda Item: AI-3 Town Council Meeting February 15, 2023 TOWN OF TIBURON PAGE 2 OF 2 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 consider appointing a Chair and Vice Chair of the Diversity Inclusion Task Force. Exhibit(s): 1. Resolution No. 43-2020: Task Force Governing Resolution 2. Resolution No. 03-2021: Task Force Bylaws Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 Page 1 of 3 Town Council Resolution No. 43-2020 10/7/2020 RESOLUTION NO. 43-2020 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING A DIVERSITY INCLUSION TASK FORCE COMPRISED OF MEMBERS OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AND APPOINTED MEMBERS OF THE PUBLIC WHEREAS, in recent times, acts of racism and resulting death and violence continue to plague our country and local communities despite many pleas for change; WHEREAS, in order to serve our community at large by creating a safe, inclusive, and equitable community, the Town Council of the Town of Tiburon wishes to formally recognize the vital role that diversity plays in our lives and communities and to condemn racism, bigotry, bias, hate speech and prejudice of any form; WHEREAS, to that end, the Town Council for the Town of Tiburon seeks to establish a Diversity Inclusion Task Force which Task Force shall further the values and ideals described above. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Tiburon as follows: Section 1. Diversity Inclusion Task Force Established. A Diversity Inclusion Task Force of the Town of Tiburon is hereby established for the purpose of advising the Town Council on developing recommendations to further the values of inclusivity and equality and working to identify and address racism, bias and prejudice within the Town. Section 2. Standing Committee The Task Force shall be a standing committee of the Town Council of the Town of Tiburon and shall be subject to the Brown Act. (See Gov. Code § 54952(b).) Section 3. Composition of Task Force. The Task Force shall be comprised of the following members with the following qualifications and initial duties: - All five (5) members of the Town Council of the Town of Tiburon. - Five (5) at-large members of the public who are: o Full-time residents of the Town of Tiburon or City of Belvedere. o Interested in working to create and implement Town policies regarding diversity and inclusion and condemning racism, bias and prejudice. o Ideally posses some awareness of how the role of systemic racism produces the current inequities the task force will try to address. Page 2 of 3 Town Council Resolution No. 43-2020 10/7/2020 o Ideally possess the experience, qualifications and knowledge either in their professional careers, volunteer work, or personal capacities to engage, organize and provide recommendations to achieve diversity inclusion goals and policies of the Town. Section 4. Appointment of Task Force Members. As soon as practicable after adoption of this Resolution, The Town Council shall appoint one member of the Town Council to serve as the Chair of the Task Force. The Town Council shall further direct the Town Manager to create an application form and timelines for accepting applications for the five (5) at -large member positions of the Task Force. The Town Manager shall submit to the Town Council at a Town Council meeting, all applications for the five (5) at-large positions. At the meeting at which the Town Manager submits applications to the Town Council, the Town Council shall deliberate and vote on applicants until each at-large position has been filled. Section 5. Goals and Responsibilities of Task Force. The charge of the committee is to: - Provide advice to the Town Council, Town Manager, and Police Chief regarding issues of diversity and inclusion involving the Police force - Provide advice to the Town Council regarding ways to improve diversity and inclusion generally in the Town of Tiburon Section 6. Meetings. Once convened, members of the Task Force shall vote on a meeting schedule. Meetings should be held monthly, and as required by the needs of the Task Force, and in accordance with the Brown Act. Section 7. Term of Task Force. The term of the Task Force shall expire when the Town Council repeals this Resolution. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on this 7th day of October, 2020, by the following vote: AYES: COUNCILMEMBERS: Fredericks, Kulik, Ryan, Thier, Welner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None /s/ ALICE FREDERICKS, MAYOR TOWN OF TIBURON Page 3 of 3 Town Council Resolution No. 43-2020 10/7/2020 ATTEST: /s/ LEA STEFANI, TOWN CLERK EXHIBIT 2 Page 1 of 2 Town Council Resolution No. 03-2021 2/03/2021 RESOLUTION NO. 03-2021 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING PROTOCOLS AND PROCEDURES FOR THE TOWN OF TIBURON DIVERSITY INCLUSION TASK FORCE WHEREAS, On October 7, 2020, the Town Council for the Town of Tiburon adopted Resolution No. 43-2020 establishing a Diversity Inclusion Task Force; WHEREAS, the Town Council for the Town of Tiburon now seeks to adopt implementing protocols and procedures for the orderly and effective operation of the Task Force. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Tiburon as follows: Section 1. Meetings of the Diversity Inclusion Task Force. The Diversity Inclusion Task Force of the Town of Tiburon (the “Task Force”) shall meet regularly on the 2nd Wednesday of the month at 5:00 p.m. The Task Force shall either meet in the Town of Tiburon Council Chambers, 1505 Tiburon Blvd., or via Zoom pursuant to State law permitting a remote video platform during the pendency of the COVID 19 pandemic. All meetings of the Task Force shall occur at the regular meeting date and time, unless the meeting has been formally cancelled by staff due to a lack of business items or quorum, or due to the Task Force taking action to cancel or change a meeting date and/or time. Section 2. Public Meetings. The Task Force is a standing committee of the Town Council of the Town of Tiburon and is subject to the Brown Act. (See Gov. Code § 54952(b).) As such, members of the public may attend and participate in all meetings of the Task Force. Section 3. Election of Chair and Vice-Chair. On an annual basis, the Town Council shall appoint a Chair and a Vice Chair. Section 4. Term, Appointment and Removal of Task Force Members. Task Force members shall serve for terms of 2 years. All subsequent appointments shall be for terms of 2 years, except that appointments to fill a vacancy where there is an unexpired term shall be for the balanced of the unexpired term only. Upon expiration of a member’s term, that member may be appointed for another term. There shall be no term limits for members of the Task Force. Where a scheduled or unscheduled vacancy on the Task Force occurs, the Town Clerk shall notice the vacancy, accept applications for the position, and place the submission of applications on a Town Council agenda in accordance with Town Council Resolution No. 16-2007 (“Town Appointments Procedure”). Page 2 of 2 Town Council Resolution No. 03-2021 2/03/2021 Members shall be appointed by the affirmative vote of a majority of the Town Council and may be removed by an affirmative vote of a majority of the Town Council. Removal shall automatically occur upon the relinquishment of a member’s residency in Tiburon or Belvedere, or upon any members’ death as provided in Government Code section 1770. Section 5. Recusal from Agenda Items. A member of the Task Force shall immediately recuse themselves from items on a Task Force Agenda where they have a conflict of interest in serving on the Task Force. In addition to any and all conflicts established by State law, including but not limited to those subject to the Political Reform Act and/or Government Code 1090, a conflict of interest shall be presumed to exist where a Task Force member has a financial or other personal interest in items or subjects before the Task Force, which interest would render the member unable to fulfill their duties on the Task Force in an unbiased, balanced, and impartial manner. Section 6. Annual Report The Task Force shall prepare and present an oral annual report to the Town Council to report on its goals, projects, accomplishments and concerns. Section 7. Town Council Procedures Incorporated by Reference. Except where specific protocols, procedures and regulations have been adopted by this Resolution, the Task Force shall adhere to procedures of the most up-to-date version of the Town of Tiburon Newly Appointed Official Information and Orientation Memorandum (the “Memorandum”). Where there is a conflict between this Resolution, Resolution No. 43-2020 (Resolution of the Town Council of the Town of Tiburon Establishing a Diversity Inclusion Task Force) and the Memorandum, this Resolution and Resolution No. 43-2020 shall govern. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on this 3rd day of February, 2021, by the following vote: AYES: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Kulik /s/ HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: /s/ LEA STEFANI, TOWN CLERK