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Resolution No. 07-2024 May 15, 2024
RESOLUTION NO. 07-2024
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING A GRANT
FROM THE CALIFORNIA AIR RESOURCES BOARD (CARB) ON BEHALF OF THE ANGEL ISLAND
TIBURON FERRY (AITF) FOR THE PURPOSE OF ELECTRIFIYING THEIR VESSELS AND
APPROVING AS TO FORM THE CARB GRANT AGREEMENT AND AITF SUB AWARD AGREEMENT,
AND AUTHORIZING THE TOWN MANAGER TO ENTER INFO SUCH AGREEMENTS SUBJECT TO
APPROVAL BY THE TOWN ATTORNEY
WHEREAS, Angel Island Tiburon Ferry carries approximately 100,000 passengers per year from
Tiburon to Angel Island State Park and on a variety of recreational maritime tours, including whale
watches, sunset cruises, and private charters; and
WHEREAS, in December 2022, the California Air Resources Board (“CARB”) adopted new regulations
that would require vessels like the Angel Island Tiburon ferries to be zero-emission by December 31,
2025; and
WHEREAS, on September 20, 2023, the Town Council directed staff to apply for a grant, on behalf of
the Angel Island Tiburon Ferry, that would assist vessel operators in meeting the new regulations; and
WHEREAS, in April 2024, CARB notified the Town it had been preliminarily awarded $24,049,552 in
funding from the grant program for the purpose of converting two existing Angel Island Tiburon Ferry
vessels to zero emission vessels, the acquisition of a new vessel, and to install upgrades and
modifications to the existing docking facility and surrounding area to charge the vessels; and
WHEREAS, the Town Council finds this project to be consistent with the Town’s Climate Action Plan
and wishes to accept the grant from CARB, authorize the Town Manager to enter into the CARB Grant
Agreement and the Sub Award Agreement with the Angel Island Tiburon Ferry, and authorize Town
staff to proceed with project administration; and
WHEREAS, the actions taken pursuant to this resolution are exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15378(b)(4), governmental
funding mechanism, and 15303(d) and (e) (Class 3), small facilities or structures, and CEQA Section
21080.35, solar array installation on existing buildings.
NOW, THEREFORE, BE IT RESOLVED, as follows:
Section 1. The Town Council finds that the actions under this Resolution are exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to:
(a) Section 15378(b)(4) of the CEQA Guidelines because acceptance of the CARB Grant,
approval of the CARB Grant Agreement, and approval of the Sub Award Agreement are funding
mechanisms and governmental fiscal activities that commit funds to a particular project but that
project will not result in potentially significant impacts on the environment, in fact, the project will
have positive impacts in that it will cause AITF’s fleet to be zero emissions in compliance with state
requirements;
(b) CEQA Guidelines Section 1530361 (bd) and (3e) (Class 3) which consists of construction
and location of limited numbers of new, small facilities or structures; installation of small new
DocuSign Envelope ID: 35CBD292-70A0-440C-BA7D-9E84186296A2
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Resolution No. 07-2024 May 15, 2024
equipment and facilities in small structures; and the conversion of existing small structures from one
use to another where only minor modifications are made in the exterior of the structure; and
(c) CEQA Section 21080.35, which provides that solar energy systems installed on the roof
of an existing building or on an existing parking lot are statutorily exempt from CEQA, the proposed
project involves the construction of solar array on existing nearby buildings and the proposed project
would not meet any of the exceptions specified in CEQA Section 21080.35(d) through (f).
The Town Manager or their designee shall cause a Notice of Exemption to be posted with the
County Clerk and filed with the State Clearinghouse.
Section 2. The Town Council hereby accepts the CARB Grant and approves the CARB Grant
Agreement as to Form. The Town Manager is authorized to execute the CARB Grant Agreement and
any amendments thereto with such modifications as are approved by the Town Attorney. The Town
shall comply with the terms of the FY 2021-22 and FY 2022-23 Grant Solicitation Advanced
Technology Demonstration and Pilot Projects.
Section 3. The Town Council hereby approves the Sub Award Agreement with the Angel Island
Tiburon Ferry as to Form. The Town Manager is authorized to execute the Sub Award Agreement and
any amendments thereto with such modifications as are approved by the Town Attorney.
PASSED AND ADOPTED this 15th day of May, 2024, by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Nikfar, Ryan, Thier
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Welner
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
LEA DILENA, TOWN CLERK
DocuSign Envelope ID: 35CBD292-70A0-440C-BA7D-9E84186296A2