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Home My WebLink AboutTC Agd Pkt 2024-03-06 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council March 6, 2024 Regular Meeting 6:30 P.M. TIBURON TOWN COUNCIL AGENDA The meeting will be held in person and will be televised live on Zoom. Members of the public have the option of participating in-person or remotely via Zoom at: Webinar: https://us06web.zoom.us/j/89217087066 Webinar ID: 892 1708 7066 Call-in Number: 1 669 444 9171 Submit public comment by: 1. Email comments@townoftiburon.org prior to 12:00 p.m. the day of the meeting. Written comments received will be saved as part of the record of the meeting. 2. Attend the meeting in person at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California 94920 and provide public comment. 3. If on Zoom, during the public comment portion of the agenda item, select the “Raise Hand” option or *9 if using a phone. Please be advised that those participating in the meeting remotely via Zoom do so at their own risk. The Town Council meeting will not be cancelled if any technical problems arise during the meeting. REGULAR MEETING – 6:30 P.M. CALL TO ORDER AND ROLL CALL Councilmember Nikfar, Councilmember Ryan, Councilmember Welner, Vice Mayor Thier, Mayor Fredericks INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS • Mike Shepard (Parks, Open Space & Trails Commission) • Mike Ghaffary (Parks, Open Space & Trails Commission) • Sharmeen Ahmed (Parks, Open Space & Trails Commission) • Gautam Malhotra (Parks, Open Space & Trails Commission & Diversity Inclusion Task Force) • Theresa Coleman (Heritage & Arts Commission) ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR CC-1. Professional Services Agreements – Authorize the Town Manager to execute amendments to agreements with Regional Government Services Authority, amending the not to exceed amount to $160,000, and with Muchmore Than Consulting, amending the not to exceed amount to $225,000, and approve a FY2024 budget amendment in the amount of $85,000 from the General Fund Operating Reserves to fund the agreements (Office of the Town Manager) CC-2: Municipal Code Amendments – Adopt amendments to Chapter 23 of the Tiburon Municipal Code (Motor Vehicles and Traffic) that would regulate electric mobility devices (Department of Public Works) CC-3. Disability Retirement for Safety Employees – Adopt a resolution updating the process and procedures, and designate the responsibility and authority for the determination of disability retirements for safety employees to the Chief of Police (Department of Administrative Services) CC-4. FY2024 Budget Amendment – Approve a budget amendment in the amount of $370,000, increasing appropriations for legal services, with the source of funds being General Fund Operating Reserves (Office of the Town Manager) ACTION ITEMS AI-1. Appointments to Town Boards & Commissions – Consider appointments or reappointments to Town boards and commissions following term expirations (Department of Administrative Services) AI-2. Diversity Inclusion Task Force – Consider appointment of Chair and Vice Chair of the Diversity Inclusion Task Force (Department of Administrative Services) AI-3. Asian Pacific Hertiage Event Funding – Consider approval of request for $8,000 expenditure from the FY2024 Operating Budget for the Asian Pacific Heritage event and a budget amendment in the amount of 6,806 (Office of the Town Manager) AI-4. Downtown Informational Kiosk – Consider approval of the installation of a new informational kiosk in the right-of-way at the corner of Tiburon Boulevard & Main Street and consider approval of at $17,529 financial contribution toward the project from American Rescue Plan funds (Office of the Town Manager) PUBLIC HEARINGS PH-1. Municipal Code Amendments – Hold a public hearing and consider amendments to Chapter 16 (Zoning) and Chapter 19 (Sidewalk Dining) of the Tiburon Municipal Code that would regulate standards for use of public sidewalks for outdoor dining by adjacent food and beverage services – Introduction and first reading of ordinance (Community Development Department) TOWN COUNCIL REPORTS TOWN MANAGER REPORT CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of Section 54956.9) Name of case: (Committee to Preserve the Paradise Cove Salt Marsh, Tidelands and Neighborhood Safety v. Town of Tiburon, Marin County Superior Court Case No. CIV0000086) 2. CONFERENCE WITH LABOR NEGOTIATORS Town designated representatives: (Town Attorney Benjmain Stock and Town Manager Greg Chanis) Employee organization: (Tiburon Police Officer Association and Service Employees International Union) 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. From:Bruce King To:Lea Dilena Subject:Re: WRT Presentation Date:Wednesday, March 6, 2024 11:17:51 AM You don't often get email from bruceeking0@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. This is intended to be posted for tonight’s (3/6/24) Town Council meeting. Thank you. On Tue, Mar 5, 2024 at 2:42 PM Bruce King <bruceeking0@gmail.com> wrote:To the Members of the Town Council, My name is Bruce King and I live on Hacienda Drive. I have been observing the process of the Parks and Recreation Master Plan, and have attended pop-up events and workshops, bothin person and virtual. When I attended the February 7 workshop, I was surprised to see that WRT had drawn map lines over what is commonly referred to as “the Hacienda Gap.” I asked Peter if he understood the complexity of the issues regarding connecting Hacienda tothe Middle Ridge Trail. To assist him, he asked me to send information to him which I did. This information included some legal letters and a portion of the 2009 Court Orderregarding Hacienda litigation which ordered the Town of Tiburon to remove map lines from its trail maps. For 15 years the Town and its Consultants have adhered to this order. The2016 Tiburon Bicycle and Pedestrian Plan and the more recent 2040 Master Plan are examples how this issue has been addressed. In the February 29 virtual meeting, I asked questions regarding the map lines and whetherWRT performed any due diligence regarding the safety issues submitted to the Town regarding Hacienda. Angela responded that these were legal issues which they were notable to discuss. This is not a new response. You probably remember that when the POST Commission attempted the include Hacienda in their agenda approximately 2 1/2 years ago,they were informed by Town Staff that this was a Town Council matter which POST should not be involved. I am informed that WRT plans to make a presentation to the Town Council in two weeks onMarch 20. Based on the above, I am requesting that the “Hacienda Gap” map lines be removed along with any related descriptions from their trail map presentation, and that theircurrent presentation be removed from the Town’s website. I would be more than happy to discuss with you along with what appear to be other errors and omissions from their presentation. Thank you,Bruce King Page 1 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Town of Tiburon Department of Administrative Services 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 www.townoftiburon.org BOARD, COMMISSION, OR COMMITTEE APPLICATION The Town considers appointments to its various boards, commissions, 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 dŽǁŶ needs to know your interest in serving the Town in some capacity. Instructions Please indicate your specific areas of interest and special skills or experience by completing this form and returning it to Town Hall with a resume. /ŶƚĞƌǀŝĞǁƐĂƌĞƐĐŚĞĚƵůĞĚŽŶĂŶĂƐͲŶĞĞĚĞĚďĂƐŝƐ ƉĞƌŝŽĚŝĐĂůůǇƚŚƌŽƵŐŚŽƵƚƚŚĞǇĞĂƌ͘zour application will remain at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Please return this form to: Town of Tiburon Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Applicant Name & Information Full Name: Date: Address: Street Address Apartment/Unit # City State Zip Phone:Email: Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Michael J Shepard 10/16/2023 Tiburon CA 94920 Page 2 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Areas of Interest Please indicate your areas of interest in numerical order: Parks, Open Space & Trails Commission Bel-Tib Joint Recreation Board Disaster Advisory Council Commission on Aging Planning Commission Design Review Board Heritage & Arts Commission Bel-Tib Library Board ĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ Building Code Appeals Board Why did you select your area(s) of interest? What are your applicable qualifications and experiences? 1 2 I selected POST because I live near the Richardson Bay Lineal Park and am in it at least once every day, and many times on most days, often covering the entire length and width of the park, as well as its nooks and crannies. I believe I have a good sense of how it is used and how it could be better used by more people. In addition, I found that I enjoyed participating in the meetings at the Town Hall and in the walking tour of the park, and that I also enjoyed interacting with the town's consultants, who seemed helpful and knowledgeable. As for Design Review, I have been an architecture buff ever since I took an Art Department course in Modern Architecture in college. Although I took many wonderful courses, that one is the one that I appreciate the most because it has had a lasting influence in my appreciation of the homes and buildings around me. Other than the extensive opportunity to observe the park described in answer to the first question and a few bits I recall from urban affairs and urban economics classes in college, I do not claim any special qualifications or experiences in making decisions about parks. What I can provide is the ability and willingness to be a good listener; to come to issues with an open mind and to be willing to be persuaded by others; to discuss issues in a collegial manner; to analyze issues, get to the bottom of them, and identify the facts that need to be gathered and the judgments that need to be made to reach the best decision; to help reach a consensus whenever possible; and to articulate and persuade people of the wisdom of a group's decision once it is reached. I know that the town prefers architects for design review and I am not an architect. I thought seriously about becoming one until I learned that it required a lot of math :) But if you ever need someone who is not an architect and who has done an extensive renovation (that did not require design review), please consider me. Town of Tiburon Department of Administrative Services 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 www.townoftiburon.org BOARD, COMMISSION, OR COMMITTEE APPLICATION The Town considers appointments to its various boards, commissions, 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 Town needs to know your interest in serving the Town in some capacity. Instructions Please indicate your specific areas of interest and special skills or experience by completing this form and returning it to Town Hall with a resume. Interviews are scheduled on an as-needed basis periodically throughout the year. Your application will remain at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Please return this form to: Town of Tiburon Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Applicant Name & Information Full Name: SHARMEEN AHMED Date: 02/15/2024 Address:TIBURON, CA 94920 Street Address Apartment/Unit # City State Zip Phone: (Email: Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Page 1 of 2 Form: Board, Commission, Committee Application (rev. 03.2023) Areas of Interest Please indicate your areas of interest in numerical order: 1)Parks,Open Space &Trails Commission 2)Bel-Tib Library Board 3)Planning Commission Design Review Bd Why did you select your area(s)of interest? I am interested in the following areas because of my love of nature,humanity,planning and Tiburon;and because of my love for my young daughter,so that I can utilize my skills and experience to serve the town and its community that fosters her growth,and that of other youth in the community. 1)Parks:I dreamed of settling in Tiburon since the first time I set eyes on the town via boat tour over 15 years ago,with its shoreline,open spaces,rolling hills covered in beautiful homes shared with local wildlife,and after finally moving here from many years in San Francisco,I would not live anywhere else in the world.I am interested in serving on this commission to preserve and enhance the community’s accessibility to nature,balancing the needs of the community with the needs of wildlife,ecosystem within Tiburon,and the town’s intent. 2)Library:I have always loved and respected my local public library as it was a pivotal part of my development and a place of new adventure at any age.Especially raising my young daughter in Tiburon,her first visit to a library was for storytime at Bel Tib Library,and two years later,is still a crucial part of her development. 3)Planning Commission:With my legal background,I have a deep appreciation and understanding of the interplay between regulations and harmony within a society and community and the importance of regulations serving the community. What are your applicable qualifications and experiences? I hold a J.D.and LL.M.in International Law,as well as a M.A.and B.S..My educational background provides me with a wide array of analytical,strategic,and legal skills,which are beneficial to a role in any of these three above commissions (1-parks,2-library,3-planning). Board Experience: I serve on the Board of Directors at AKHAN Semiconductor Inc.,a company focusing on more energy efficient,sustainable,diamond based technologies. I also serve on the board of the Del Mar Association,the local neighborhood board for the community of Del Mar,which serves the community in areas of safety,traffic,emergency preparedness,community gatherings,and maintenance of the Del Mar median next to the Del Mar Middle School.It is a neighborhood with a unique geographical position to manage because of its direct accessibility to and border with Blackie’s Pasture and public exposure from the Del Mar Middle School. Law &Community Advocacy: I serve as the Managing Editor of an international legal periodical,the Annual Survey of International &Comparative Law,published with Golden Gate University,School of Law.I hold a fellowship position with the Sompong Sucharitkul Center for Advanced International Legal Studies and have published academic articles on humanitarian issues and economic development in developing countries.I have also engaged in a number of humanitarian and non-profit volunteerism for both local and international communities,including March of Dimes, medical clinics in Bangladesh,and immigration for refugees and victims of domestic violence. Page 2 of 2 Form:Board,Commission,Committee Application (rev.03.2023) SHARMEEN AHMED ▪ Tiburon, CA 94920 ▪ ( Fellow,Sompong Sucharitkul Center for Advanced International Legal Studies,Awarded September 2020 EDUCATION Golden Gate University School of Law, San Francisco, CA LL.M.in International Legal Studies, May 2017 (with Honors) J.D., May 2016 Honors: 2016 Grotius Award for Academic Excellence in International Law, Witkin Awards for Excellence in Legal Writing & Research I and Advanced Legal Research, CALI Award for Excellence in Appellate Advocacy, Dean’s List, Scribes American Society of Legal Writers Award Activities: National Appellate Advocacy Competition 2016 Competitor, Appellate Advocacy Competition Fall 2014 Semi-Finalist, GGU Moot Court Board Member, International Law Society Member San Francisco State University, San Francisco, CA M.A.in International Relations, June 2011 Thesis:Regression Analysis: Effectiveness of Bangladesh’s Economic Diplomacy with China and India Arizona State University,Tempe, AZ B.S.in Political Science, Concentration in International Studies, Minor in Business, May 2007 EXPERIENCE AKHAN Semiconductor Inc., Gurnee, IL Board Member, October 2023 – Present Del Mar Association, Tiburon, CA Board Member, November 2023 – Present Annual Survey of International & Comparative Law, San Francisco, CA Managing Editor, August 2017 – Present Oversaw the entire publishing process for volumes XXI, XXI, XXIII, with current work on XXIV. Drafted preliminary pages and editorials. Edited author articles for content, clarity, strength of argument, and according to legal citation standards (BlueBook). Communicated with the publisher during the publication process from submission to printing. 1 International Institute of the Bay Area,Oakland,CA U-Visa/VAWA Law Intern,March 2018 –April 2020 Assisted with the entire U-Visa self-petition process,including completion of Employment Authorization applications,Fee Waiver applications,and U Nonimmigrant Status Certification applications.Conducted extensive client interviews and declarations for U-Visa, VAWA and political asylum cases.Collected and evaluated evidence for U-Visa and VAWA applications.Prepared immigration forms,using electronic case management systems. Researched Guatemalan country conditions and reviewed senior attorney’s declarations for asylum cases.Searched and aggregated expert witnesses for asylum cases.Prepared Application for Asylum packets for Master Hearings,including cover letters. Liuzzi,Murphy,Solomon,Aikins,Hale,San Francisco,CA Legal Extern,August 2014 –December 2014 Investigated and drafted legal memoranda for plaintiff ’s personal injury cases.Drafted demand letters for premise liability,products liability and negligence cases.Drafted complaints,pleadings,causes of action.Interviewed personal injury victims who dealt with physical injuries and emotional trauma.Analyzed case files and mediation sessions. Al-Rajhi Hospital Ltd.,Dhaka,Bangladesh Volunteer,December 2004 –January 2005,January 2011 Evaluated hospital procedures for patient admittance and resource allocation. Collected case information from patients to improve patient care procedures. Assisted with chart inputs and observed vitals. March of Dimes,Phoenix,AZ Events Committee Member,July 2006 –December 2006 Planned major annual fundraising events,including a silent auction that raised $80,000.Researched and established relationships with vendors and the local community to obtain event donations. Volunteer Lawyers Program of Maricopa County,Phoenix,AZ Student Intern,July 2005 –November 2005 Interviewed clients and potential clients dealing with sensitive and emotional family law issues.Analyzed client meetings with attorneys.Researched civil law cases.Counseled clients prior to civil litigation. PUBLICATIONS Accountability of International NGOs:Human Rights Violations in Healthcare Provision in Developing Countries and the Effectiveness of Current Measures,22 ANN.SURV.INT’L &COMP.L.33,33–71 (2017). 2 +!, !#-ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ2#'.69.86893 #" "#% %! $%#%'#'$ 7;6;&#! !&'# &#! ,!# =:=86 2:7;3 :9;1<9<9 (((.%!( !%&#! .!# ' ' !( ! $#$""! % %$%!%$'#!&$!#$,!$$! $, !%%$%#!&!&%% *#&%!%#)"#%! $ & !#$ ' $. %$!#%%!#! "#%"%! *! #$ %$ &#! /$!!'# %"#!$$ %'%$,%dŽǁŶ $%! !(*!&# %#$% $#' %!( $!"%*. $%#&%! $ $ %*!&#$"#$! %#$% $"$$!#)"# *!"% %$!# #%&# %%!!( (%#$&./ŶƚĞƌǀŝĞǁƐĂƌĞƐĐŚĞĚƵůĞĚŽŶĂŶĂƐͲŶĞĞĚĞĚďĂƐŝƐ ƉĞƌŝŽĚŝĐĂůůǇƚŚƌŽƵŐŚŽƵƚƚŚĞǇĞĂƌ͘z!&#""%! (# %!( !#"#!!! 273*#. *!&!#*!&#( $$%!$#'%&#! !& %*. $#%&# %$!#%!-!( !&#! &#! !( # 7;6;&#! !&'# &#! ,=:=86 ! *! &-%- #$$- %#%#$$"#% %0 %5 %*%% " ! -- " " !-&%%""%! %#$! $%%&%"&#!# *"&+$"#% !!( !& % %#$. Gautam Malhotra 2/15/2024 Tiburon CA 94920 ,!, !#-ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ2#'.69.86893 ! ! $ %*!&##$! %#$% &#!##- #$, " "4#$!$$! 1 ! %#%! !# $$%#'$!#*!& !$$! ! !$$! $ '(!# #%4#%$!$$! 1##*!# ĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ & !""$!# %%" !%"( )! !& !%""! $ & 1 I initially submissed an application for the open POST seat last Fall. I am now reapplying for POST. I am aware that the current members are seeking renewal. With that, I am applying with the intention to convey my continued interest in POST and more importantly, in getting involved in local government more broadly. I hope this is seen as one more step of me expressing my interest when considering future commission vacancies. As stated in my Fall application, my reasons for applying to POST are as follows: (1) With children, ages 2 and 4, I view the work of preserving and improving our beautiful POSTs as very impactful to me, personally. (2) I believe my professional experience gives me a data-driven, strategic, and thoughtful approach to problem solving will add value in helping the committee make recommendations that are rationale, principled and consider the needs of all our town’s stakeholders. As stated in my Fall application: Professionally, I’ve been a product leader in tech (Intuit, Faire) for the past 8 years. My profession requires (1) deeply understanding a problem by speaking to customers and collecting all facts (2) collaborating with a very diverse set of stakeholders and (3) users principles to make decisions. I believe this experience will serve me well on the POST commission. For 3 years, I was also on the leadership council for Upwardly Global, a NGO that helps legal immigrant professionals (doctors, lawyers, etc) get jobs in the US that better match their education and experience. This involved training individuals (resume review, interview prep), building partnerships with large companies, and fundraising. This experience required working with different stakeholders to deliver better outcomes for our community; I believe this will serve me well in this role. Page 1 of 2 Town of Tiburon Commission, Board, Committee Application Submit to: Town Clerk Lea Stefani 1505 Tiburon Blvd., Tiburon, CA 94920 lstefani@townoftiburon.org (415)435-7377 TOWN COUNCIL DIVERSITY INCLUSION TASK FORCE APPLICATION On October 7, 2020, the Town Council created the Diversity Inclusion Task Force. The Task Force will be made up of 10 individuals – five Town Councilmembers and five residents appointed by the Council. To apply for a seat on the Task Force, please submit this completed form to the Town Clerk with a resume. Thank you for your willingness to serve the Tiburon community. Diversity Inclusion Task Force Qualifications -Possess the experience, qualifications, and knowledge either in your professional career, volunteer work, or personal capacities to engage, organize, and provide recommendations to achieve diversity and inclusion goals and policies -Possess awareness about how the role of systemic racism produces inequities the task force will attempt to address -Have the time and schedule flexibility to attend monthly meetings -Have interest in working on policies regarding diversity and inclusion -Be a full-time resident of Tiburon or Belvedere (proof of residency required) Applicant Name Full Name: Date: Applicant Information Address: Street Apartment/Unit City State Zip Phone: Email: Gautam Malhotra 1/31/24 Tiburon CA 94920 Page 2 of 2 By submittal of this application, I certify that the home address I have listed above is my primary full-time residence. Signature: Why would you like to serve on the task force? What are your applicable qualifications and experiences? Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Gautam Malhotra I'm applying for the vacant seat on the Diversity Inclusion taskforce. Last September, I had applied for the open POST position and I did not get selected. Overall, I'm interested in getting involved agnostic to specific committee. My motive remains the same: 1) I have young children (age 4 and age 2) and I'm really vested in making this the best place for them to grow up. 2) I've always been interest and excited about local government and this is a fantastic opportunity to experience it 3) I think I have a lot to bring to the table given my professional experience and non-profit participation. Specific to this role: I grew up in 5 countries (India, Bahrain, UAE, Oman, and USA). Most of my childhood, I went to an international school that had students from over 50 countries. It was normal to celebrate Christmas, Hanukkah, Diwali, Eid...and more! I believe continuing to expose our community to different cultures is one of the best ways to improve diversity and inclusion for our community. 1) As mentioned above, having had a very international upbringing, diversity and inclusion was very much a way of life for me. I understand the importance of respecting different races, sexualities, countries, and religions. I want all people to feel represented and comfortable in Tiburon because I've experienced the value firsthand. 2) For 3 years, I was also on the Leadership Council for Upwardly Global, a NGO that helps immigrants and refugees get back to work. This involved training individuals (resume reviews, interview prep), building partnerships with coorperates, and fundraising. Diversity & inclusion was core to this role, along with teaching me how to participate in boards/ task forces. 3) Professionally, I've been a product leader in high tech (Intuit, Faire) for the past ~8 years. Most recently at Faire, I've been responsible for managing a $600M annual GMV business. My profession actively requires (1) deeply understanding a problem by speaking to customers and collecting all facts (2) collaborating with a very diverse set of stakeholders and (3) using rules to make decision (either the law or agreed principles). I think this experience will be valuable in helping to drive decision making for this taskforce. TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Consider Approval of a 2nd Amendment to the Professional Services Agreement with Regional Government Services Adjusting the Not to Exceed Contract Amount to $160,000 and, Consider Approval of a 1st Amendment to the Professional Services Agreement with Muchmore Than Consulting, Adjusting the Not to Exceed amount to $225,000 and, Approve a Fiscal Year 2024 Budget Amendment Increasing Appropriations in the Amount of $85,000 With the Source of Funds Being General Fund Operating Reserves. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY As a result of prolonged staffing challenges in the Department of Administrative Services over the past year, the Town has been utilizing the services of 2 separate consulting firms to provide critical assistance in the areas of Finance, Accounting, Human Resource Management and Risk Management. Today, Council is considering authorizing the Town Manager to execute amendments to Professional Services Agreements (PSA) with each firm as follows: 1. A 2nd Amendment to the PSA with Regional Government Services Authority with a revised scope of work and adjusted not to exceed contract value of $160,000. 2. A 1st Amendment to the PSA with Muchmore than Consulting with a revised term and adjusted not to exceed contract value of $225,000. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Authorize the Town Manager to execute a 2nd Amendment to the Professional Services Agreement with Regional Government Services Authority, revising the scope of work and adjusting the not to exceed contract amount to $160,000. 2. Authorize the Town Manager to execute a 1st Amendment to the Professional Services Agreement with Muchmore Than Consulting, adjusting the not to exceed contract amount to $225,000. 3. Approve a Fiscal Year 2024 Budget Amendment, increasing appropriations in the amount of $85,000, with the source of funds for the amendment being General Fund Operating Reserves. BACKGROUND As the Council is aware, the Town has experienced significant staffing challenges in the Administrative Services Department since early 2023. The department consists of 5 full-time TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 6, 2024 Agenda Item: CC-1 Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 2 OF 4 positions, with 4 of the 5 positions currently functionally vacant. Position titles and current status are as follows: • Administrative Services Director - Incumbent on leave • Accounting/Finance Manager - Position vacant • Accounting Technician - Position vacant • Human Resources Specialist - Position recently filled. • Office Assistant/Front Desk - Incumbent on leave For Accounting/Finance and Human Resources Administration, the Town has contracted with 2 professional consulting firms: Regional Government Services and Muchmore Than Consulting. Regional Government Services (RGS) Regional Government Services Authority (RGS) was formed as a Joint Powers Agency (JPA) in 2001. It was formed in part to assist agencies dealing with the loss of experienced staff. As a public agency serving only other public agencies, RGS has developed a unique, highly flexible platform of administrative support in a variety of program areas. Currently, RGS is primarily providing services to the Town in the area of Accounting and Finance including overall interim leadership of the Finance division, transactional support in the areas of Accounts Payables and Accounts Receivables, and leading the work associated with completing financial audits for Fiscal Years 2022, 2023 and the upcoming audit for Fiscal Year 2024. In June 2023, the Town entered into a Professional Services Agreement (“the RGS Agreement”) with RGS to provide professional consulting services related to financial management and organizational development (Exhibit 1). The initial RGS Agreement did not require Council approval as the not to exceed value of the contract was less than the $60,000 signature authority limit of the Town Manager per Tiburon Municipal Code Chapter 3A-3(a). In September 2023, the Council approved a 1st amendment to the RGS Agreement. This 1st amendment revised the scope of services provided by RGS and increased the not to exceed contract amount to $115,000. A copy of the 1st amendment is attached as Exhibit 2. Staff estimates the cost of RGS services in the current Fiscal Year (FY 24, ending June 30,2024) will total $160,000. As a result, staff requests the Council to approve a 2nd Amendment to the RGS Agreement which would update the scope of services and increase the not to exceed amount to $160,000. A copy of the proposed 2nd Amendment and new scope of services is attached as Exhibit 3. It is likely the Town will require continued assistance from RGS in Fiscal Year 2025 (beginning July 1, 2024) and staff plans to include the required funding for these services in the upcoming FY 25 Budget. Muchmore Consulting (MTC) Led by Deborah Muchmore, MTC provides a host of support services to both private and public sector clients. MTC is very active in the Bay Area, with a client list that includes: The County of Marin, City of Sausalito, Town of Fairfax, Town of Sebastopol, City of Pacifica, City of East Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 3 OF 4 Palo Alto, AC Transit, City of Calistoga, and many others. MTC is providing services in a number of areas for the Town including interim leadership of Human Resources, transactional staffing support in the areas of Accounts Payable and Accounts Receivable, recruitment, on boarding and training of new staff, labor negotiations and payroll administration. In June 2023, the Town entered into a Professional Services Agreement (“the MTC Agreement”) with MTC to provide professional consulting services related to Human Resource Management, Finance Management, and organizational development (Exhibit 4). The initial Agreement did not require Council approval as the not to exceed value of the contract was less than the $60,000 signature authority limit of the Town Manager per Tiburon Municipal Code Chapter 3A-3(a). Staff now estimates the cost of MTC services in the current Fiscal Year will total $225,000. As a result, staff requests the Council to approve a 1st Amendment to the MTC Agreement, which would adjust the not to exceed amount to $225,000. A copy of the proposed 1st Amendment to the MTC Agreement is attached as Exhibit 5. It is likely the Town will require continued assistance form MTC in Fiscal Year 2025 (beginning July 1, 2024) and staff plans to include the required funding for these services in the upcoming FY 25 Budget. ANALYSIS No further analysis is provided. FINANCIAL IMPACT As detailed above, the estimated Fiscal Year 2024 expenditures for RGS and MTC combined is $385,000. However, due to the various vacancies noted above, staff estimates the Town will realize Fiscal Year 2024 savings in salaries and benefits estimated at $300,000. As a result, in a addition to considering approval of the amendments to the 2 PSA’s, the Council is also being asked to approve a Fiscal Year 2024 Budget Amendment, increasing appropriations in the amount of $85,000, with the source of funds being General Fund Operating Reserves. Staff currently estimates the balance in Fund 101 at the end of FY24 (June 30, 2024) will be approximately $6.64M, reduced by the amount of any approved Budget Amendment. Town Policy commits the Town to maintaining, at minimum, General Fund Reserves equal to 25% of the annual Operating Budget. For Fiscal Year 2024, the Towns Operating Budget (adjusted to remove the Library pass through payments) equals approximately $14M. As a result, pursuant to the Reserve Policy, the minimum amount of General Fund Operating Reserves would be approximately $3.5M. 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 Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 4 OF 4 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. Authorize the Town Manager to execute a 2nd Amendment to the Professional Services Agreement with Regional Government Services Authority, revising the scope of work and adjusting the not to exceed contract amount to $160,000. 2. Authorize the Town Manager to execute a 1st Amendment to the Professional Services Agreement with Muchmore Than Consulting, revising the term of the Agreement and adjusting the not to exceed contract amount to $225,000. 3. Approve a Fiscal Year 2024 Budget Amendment, increasing appropriations in the amount of $85,000, with the source of funds for the amendment being General Fund Operating Reserves. Exhibit(s): 1. June 2023 RGS Agreement 2. September 2023 approved 1st Amendment to RGS Agreement 3. Proposed 2nd Amendment to RGS Agreement 4. June 2023 MTC Agreement 5. Proposed 1st Amendment to MTC Agreement Prepared By: Greg Chanis, Town Manager EXHIBIT 1 Town of Tiburon 7/20 1 Agreement for Professional Services TOWN OF TIBURON 1505 Tiburon Boulevard, Tiburon, CA 94920 AGREEMENT FOR PROFESSIONAL SERVICES PROJECT MANAGEMENT & AUDIT COMPLETION SERVICES JUNE 7, 2023 This Professional Services Agreement (the "Agreement") is dated_June 7___, 2023 and is by and between the Town of Tiburon, a public body of the State of California ("Town") and Regional Government Services Authority (“Consultant”), a municipal joint powers authority relating to mediation, coaching, team building and audit services (“Services"). Town and Consultant are sometimes individually referred to as “Party” and collectively as Parties.” RECITALS: WHEREAS, Government Code section 53060 permits the Town to enter into agreements for professional services with individuals specially trained and experienced and competent to perform those services; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, stipulated and agreed, the parties agree as follows: AGREEMENT: 1.GENERAL DESCRIPTION OF CONSULTANT’S SERVICES. Consultant agrees to provide project management, mediation, coaching, team building, and audit completion services, as described in further detail in the Exhibit 1 and Exhibit 2, attached hereto and incorporated herein by reference. 2.COMPENSATION FOR CONSULTANT’S SERVICES. Compensation for the Services shall be (select one): [ ] Lump Sum of $ ______________, (with) / (without) [Circle one] progress payments; or [ X ] Time and materials, per schedule of rates and charges included in Exhibit 1, with a guaranteed not to exceed price of $ 36,000.00 . 3.EFFECTIVE DATE AND TERM. The effective date of this Agreement is ___June 7, 2023_______________ and it shall terminate no later than ____June 30, 2024_____________, with the option to renew or amend the agreement by either Party in writing. 4.PERSONNEL SUPPLIED FOR CONSULTANT’S SERVICES. Consultant shall assign itsemployee(s) to serve as Advisor(s) to the Town and, if deemed necessary by Consultant, may assignsubconsultants for the services described in Exhibit 1 and Exhibit 2, attached hereto and incorporatedherein by reference. 5.TERMS AND CONDITIONS. Consultant shall perform the Services identified herein, inaccordance with the terms and conditions of this Agreement, including without limitation, terms regardingCompensation, Schedule, Personnel, Annex “A” Agreement Terms and Conditions, and Annex “B”Insurance. Consultant acknowledges its opportunity to negotiate such terms and conditions. DocuSign Envelope ID: 5BABADF2-482E-4347-B1E9-5F131AF5BFBD Town of Tiburon 7/20 2 Agreement for Professional Services 6.LIMITATIONS. Changes made to printed Terms and Conditions on this Agreement are null andvoid unless approved in writing by the Town. 7.USE OF AGREEMENT. The Agreement number must appear on all invoices and correspondence.Send invoices in duplicate to Town of Tiburon, Finance & Accounting Manager 1505 TiburonBoulevard, Tiburon, CA 94920, immediately upon performance. 8.For purposes of this Agreement, Town and Consultant shall direct all communications to each other as follows: Town: Town of Tiburon Greg Chanis 1505 Tiburon Boulevard Tiburon, CA 94920 Phone: (415) 435-7373 Fax: (415) 435-2438 Email: gchanis@townoftiburon.org Consultant: Sophia SelivanoffExecutive Director PO BOX 1350, Carmel Valley, CA 93924 (650) 587-7300contracts@rgs.ca.gov IN WITNESS WHEREOF the parties have executed this Agreement in duplicate as of the dates identified below. TOWN OF TIBURON: CONSULTANT: df [Signature of Consultant] df Sophia Selivanoff Town Manager Title: Executive Director [If Corporation: Chairman, President, or Vice President] Date: Date: Attest: [Town Clerk] DocuSign Envelope ID: 46F47474-AEF6-4356-9830-FB4F4D13F2B4 6/16/2023 Town of Tiburon 7/20 2 Agreement for Professional Services 6.LIMITATIONS. Changes made to printed Terms and Conditions on this Agreement are null andvoid unless approved in writing by the Town. 7.USE OF AGREEMENT. The Agreement number must appear on all invoices and correspondence.Send invoices in duplicate to Town of Tiburon, Finance & Accounting Manager 1505 TiburonBoulevard, Tiburon, CA 94920, immediately upon performance. 8.For purposes of this Agreement, Town and Consultant shall direct all communications to each other as follows: Town: Town of Tiburon Suzanne Creekmore 1505 Tiburon Boulevard Tiburon, CA 94920 Phone: (415) 435-7373 Fax: (415) 435-2438 Email: screekmore@townoftiburon.org Consultant: Sophia Selivanoff, Executive Director PO BOX 1350, Carmel Valley, CA 93924 (650) 587-7300contracts@rgs.ca.gov IN WITNESS WHEREOF the parties have executed this Agreement in duplicate as of the dates identified below. TOWN OF TIBURON: CONSULTANT: Suzanne Creekmore, Director of Administrative Services df [Signature of Consultant] Date: df Town Manager Date: Sophia Selivanoff Title: Executive Director [If Corporation: Chairman, President, or Vice President] Date: Attest: [Town Clerk] APPROVED AS TO FORM: DATED: __________ By: ____________________________ Sky Woodruff, Authority Counsel DocuSign Envelope ID: 5BABADF2-482E-4347-B1E9-5F131AF5BFBD 6/13/2023 6/13/2023 Town of Tiburon 7/20 3 Agreement for Professional Services Approved as to form and procedure: Town Attorney Consultant Attorney END OF DOCUMENT DocuSign Envelope ID: 5BABADF2-482E-4347-B1E9-5F131AF5BFBD Town of Tiburon 7/20 Annex A - 1 Purchase Order for Professional Services ANNEX A – PROFESSIONAL SERVICES AGREEMENT TERMS AND CONDITIONS This is an Annex to the Agreement for Professional Services Agreement dated __June 7, 2023_ (“Agreement”) between the Town and Consultant, as described therein, for the provision of professional services (“Services”). ARTICLE 1 – TERMS OF PERFORMANCE 1.01 Agreement Force and Effect. The provisions of this Agreement constitute the entire agreement between the Consultant and Town regarding the Services, shall supersede all other prior purchase orders/agreements between Consultant and Town with respect to the Services, and shall control over any inconsistent provisions in any Consultant-prepared attachments hereto. No representation, term or covenant not expressly specified in this Agreement shall, whether oral or written, be a part of this Agreement. Town is not responsible for Services rendered without the authority of an Agreement on this form. 1.02 Performance of Services. Consultant represents that it possesses the requisite training, licenses and permits necessary to perform the Services, and that its performance of the Services shall conform to the standard of practice of a professional having experience and expertise in professional services of like nature and complexity of the Services. 1.03 Licenses. [Reserved, as Consultant is a public agency.] 1.04 Progress and Coordination. Upon Town’s request, Consultant shall provide Town with progress submittals showing status of Services, at times and increments as Town may reasonably request, and shall provide Town with a progress schedule for performance of the Services, at times and in a level of detail as Town may reasonably request. Consultant shall coordinate with Town and authorities with jurisdiction as necessary to perform the Services. Time is of the essence in the performance of the Services. 1.05 Plans, Specifications, Reports, Deliverables. Work product under this Agreement shall comply with the requirements of this Agreement and with applicable design criteria established by Town, applicable laws and codes, and with all applicable professional standards. Services shall meet this standard within the agreed compensation and schedule; services necessary to correct work product, errors or omissions in work product, shall not entitle Consultant to an increase in compensation. 1.06 No Waivers. The granting of any payment, and any inspections, reviews, approvals or oral statements by any Town representative, or certification by any governmental entity, shall not limit or waive Consultant’s obligations under this Agreement. Either Party’s waiver of any breach, or the omission or failure of either Party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of this Agreement, shall not be a waiver of any other right to which any party is entitled, and shall not in any way limit or modify that party’s right thereafter to enforce or compel strict compliance with every provision hereof. 1.07 Modifications. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Town and Consultant. Consultant’s authorized representative is the individual signing this Agreement unless Consultant otherwise informs Town in writing. 1.08 Payment Requests. Consultant shall submit all billings with all necessary invoices, time records, deliverables, or other appropriate evidence of performance, after which Town shall make payment at the earliest practicable time, but not longer than 30 days after receipt of an invoice from Consultant. If requested by Town in order to facilitate the payment process and track progress, Consultant shall provide Town with an itemization of its compensation according to a Work Breakdown Structure (“WBS”) in a form Town supplies or approves (at Town’s option), that defines all Agreement tasks (Consultant’s and Subconsultants’), along with a project schedule defining the time line for each task, a project budget defining DocuSign Envelope ID: 5BABADF2-482E-4347-B1E9-5F131AF5BFBD Town of Tiburon 7/20 Annex A - 2 Purchase Order for Professional Services the planned man-hours and costs for each task, and a schedule of deliverables defining each deliverable to be provided to Town. 1.09 Scope of Compensation. Agreed method of compensation shall be full compensation for all Services required, performed or accepted under this Agreement, and Consultant shall not be entitled to compensation or reimbursement beyond or outside of agreed compensation. If Consultant previously commenced services within the scope of the Services, then the services performed and the compensation paid shall be subject to the terms of this Agreement. 1.010 Additional Services. Payment for Additional Services shall require a written addendum or amendment, negotiated and signed by the Consultant and Town prior to commencing work of Additional Services, providing for the scope, schedule and terms of compensation. ARTICLE 2 – LEGAL AND MISCELLANEOUS 2.01 No Assignment. Consultant shall not subcontract any portion of the Services outside of the outlined services in Exhibits 1 & 2, or otherwise assign this Agreement without prior written approval of Town, and Consultant shall remain responsible for compliance with all terms of this Agreement, regardless of the terms of any such assignment. 2.02 Records and Audit. At Town’s request, Consultant shall make available to Town, its authorized agents, officers, or employees, for audit, photocopy or compilation, any and all ledgers, books of accounts, invoices, payrolls, vouchers, cancelled checks, correspondence, internal memoranda, calculations, drafts, and other records or documents evidencing or relating to the performance of the Services (hard copy or electronic), expenditures and disbursements charged to Town in connection with the Services. Consultant shall maintain such documents for at least three (3) years following completion of the Services. Such rights shall be specifically enforceable. 2.03 Independent Contractor. Consultant is an independent Contractor and does not act as Town’s agent in any capacity, whatsoever. Consultant is not entitled to any benefits that Town provides to Town employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the Consultant’s provision of Services, not the means, methods, or scheduling of the Consultant’s work. Consultant shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. Consultant shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as Town’s responsibility. Further, Town confirms that Consultant employees are not assuming and are not expected to assume any Town staff position(s). 2.04 Indemnity/Liability. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), Consultant shall defend against third party claims (with legal counsel reasonably acceptable to Town), indemnify, and hold harmless the Town of Tiburon, its officers, directors, officials, agents, employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of Consultant or its Subconsultants), of every kind, nature, and description, at law or equity, (including without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) (collectively “Liabilities”), to the extent that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of Consultant, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. The Consultant’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all DocuSign Envelope ID: 5BABADF2-482E-4347-B1E9-5F131AF5BFBD Town of Tiburon 7/20 Annex A - 3 Purchase Order for Professional Services other Liabilities, and in no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. 2.05 Conflict of Interest. Consultant represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, Consultant represents to and agrees with Town that Consultant has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing Town services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) Consultant may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services. 2.06 Confidentiality. Any information, whether proprietary or not, made known to or discovered by Consultant during the performance of or in connection with this Agreement for Town, will be kept confidential and not be disclosed to any other person. Consultant will immediately notify Town in writing if it is requested to disclose any information made known to or discovered by Consultant during the performance of or in connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to Town hereunder. 2.07 Ownership of Results. Any interest (including copyright interests) of Consultant or its contractors or subconsultants (together, “Subconsultants”), in studies, reports, memoranda, computational sheets, drawings, plans or any other documents (including electronic media) prepared by Consultant or its Subconsultants in connection with the Services, shall become the property of Town. To the extent permitted by Title 17 of the United States Code, work product produced under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of Town. In the event that it is ever determined that any works created by Consultant or its Subconsultants under this Agreement are not works for hire under U.S. law, Consultant hereby assigns to Town all copyrights to such works. With Town’s prior written approval, Consultant may retain and use copies of such works for reference and as documentation of experience and capabilities. As respects Consultant’s standard details and proprietary design instruments of service (not specific to this Agreement), however, Town shall have only a non-exclusive but otherwise unrestricted license to use the materials prepared in connection with this Agreement. 2.08 Consultant subject to California Public Records Act. Notwithstanding the foregoing, Town acknowledges that Consultant is a public agency and is subject to the California Public Records Act (“CPRA”) and will comply with this Agreement to the extent that it does not conflict with the CPRA. 2.09 Non-Discrimination Policy. Consultant shall not discriminate against any employee or applicant for employment, nor against any Subconsultant or applicant for a subcontract, because of race, color, religious creed, age, sex, actual or perceived sexual orientation, national origin, disability as defined by the ADA or veteran’s status. To the extent applicable, Consultant shall comply with all federal, state and local laws (including, without limitation, all Town and Town ordinances, rules and regulations) regarding non- discrimination, equal employment opportunity, affirmative action and occupational-safety-health concerns, shall comply with all applicable rules and regulations thereunder, and shall comply with same as each may be amended from time to time. Consultant shall provide all information reasonably requested by Town to verify compliance with such matters. Consultant stipulates, acknowledges and agrees that Town has the right to monitor Consultant’s compliance with all applicable non-discrimination requirements, and may impose sanctions upon a finding of a willful, knowing or bad faith noncompliance or submission of information known or suspected to be false or misleading. 2.010 Termination and Suspension. (i) Town may, with or without cause, direct Consultant to suspend, delay or interrupt Services, in whole or in part, for such periods of time as Town may determine in its sole discretion. (ii) Town may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Consultant commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of Town’s written notice to DocuSign Envelope ID: 5BABADF2-482E-4347-B1E9-5F131AF5BFBD Town of Tiburon 7/20 Annex A - 4 Purchase Order for Professional Services Consultant demanding such cure, in which case Consultant shall be liable to Town for all loss, cost, expense, damage and liability resulting from such breach and termination. (iii) Town or Consultant may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever a Party determines that such termination is in the Party’s best interests, in which case Consultant shall be entitled to recover compensation and costs for services performed to the effective date of termination, but may recover no other cost, damage or expense. The Town may condition payment of such compensation upon the Consultant’s delivery to the Town of any and all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the Town in connection with this Agreement. Consultant shall continue its work throughout the course of any dispute, and Consultant’s failure to continue work during a dispute shall be a material breach of this Agreement. 2.011 Governing Law; Execution; Venue; Limitations. This Agreement shall be deemed to have been executed in the Town of Tiburon, County of Marin. The exclusive venue for all disputes or litigation arising out of this Agreement shall be in the Superior Court of the County of Marin, unless the parties agree otherwise in writing. Enforcement of this Agreement shall be governed by, and construed in accordance with, the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in this Agreement, nothing in this Agreement shall operate to confer rights or benefits on persons or entities not party to this Agreement. As between the parties to this Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Town’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier. ARTICLE 3 – CONSTRUCTION OF AGREEMENT 3.01 Headings. The headings in this Agreement are for convenience only and do not affect the construction of this Agreement. 3.02 Modifications. Modifications to this Annex “A” Agreement Terms and Conditions shall not be effective unless approved and initialed by Town’s Town Manager. ARTICLE 4 – CONSULTANT’S PROPOSAL AND OTHER CONSULTANT-PREPARED DOCUMENTS 4.01 Exhibit 1. Exhibit 1 consists of Consultant-prepared documents (e.g., Consultant’s rate sheet and proposal, if any) attached to this Agreement for reference only, defining further the scope of Consultant’s scope of Services hereunder. 4.02 Complementary Construction. This Agreement, its Annexes and attachments (including but not limited to the attached Exhibit 1) are deemed complementary; what is called for by one is as binding as if called for in both and shall be performed by Consultant. In the case of direct conflict, then the requirement providing Town with the broader scope of services shall have precedence. 4.03 Modifications. Exhibit 1 may not supplement, contradict or qualify Annex “A” Agreement Terms and Conditions, except as listed below and initialed by the Town Manager. 4.04 Named Personnel and Subconsultants. It is recognized that the named personnel and Subconsultants in the Agreement are not bound by personal employment contracts to Consultant, however, Consultant agrees that reassignment of any of the named personnel or Subconsultants during the Services requires prior written approval of Town, which approval shall not be unreasonably withheld. Under no circumstances may Consultant replace personnel or Subconsultants with less qualified or less experienced personnel, without Town’s written consent, which may be withheld by Town on a reasonable belief of good cause. END OF ANNEX “A” DocuSign Envelope ID: 5BABADF2-482E-4347-B1E9-5F131AF5BFBD Annex B - 1 Purchase Order for Professional Services ANNEX B – INSURANCE REQUIREMENTS This is an Annex to the Agreement for Professional Services Agreement dated ___June 7, 2023_______ (“Agreement”) between Town and Consultant, as described therein, for the provision of professional services (“Services”). ARTICLE 5 – INSURANCE Consultant’s Duty to Show Proof of Insurance. Prior to the execution of this Agreement, Consultant shall furnish to Town satisfactory proof that Consultant has taken out for the entire period required by this Agreement, as further described below, the following insurance or comparable program of self-insurance, in a form satisfactory to Town. Town acknowledges that Consultant as a public entity may, pursuant to California Government Code § 990, satisfy the coverage requirements set forth herein with a combination of self-insurance and self-insured pool insurance and/or with insurance carriers satisfactory to Town, authorized to do business in California and rated by A. M. Best & Company A- or better, financial category size VII or better, which will protect those described below from claims described below which arise or are alleged to have arisen out of the contractual liabilities contained in this Agreement for which Consultant may be legally liable, whether performed by Consultant, or by those employed directly or indirectly by it, or by anyone for whose acts Consultant may be liable: 5.01 Commercial General Liability Insurance Commercial general liability insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, products liability, blasting, explosion, collapse of buildings or structures, damage to underground structures and utilities, liability for slander, false arrest and invasion of privacy arising out of construction management operations, blanket contractual liability, broad form endorsement, a construction management endorsement, products and completed operations, personal and advertising liability, with per location limits of not less than One Million Dollars ($1,000,000) general aggregate and One Million Dollars ($1,000,000) each occurrence. 5.02 Business Automobile Liability Insurance Business automobile liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence including coverage for owned, non-owned and hired vehicles. 5.03 Workers’ Compensation Insurance Workers’ Compensation Employers’ Liability limits not less than One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) per disease and One Million Dollars ($1,000,000) aggregate. Consultant’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation. In the event Consultant is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California. 5.04 Professional Liability Insurance Professional Liability Insurance, either limits of not less than One Million Dollars ($1,000,000) each occurrence or claim and Two Million Dollars ($2,000,000) aggregate, all with respect to negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured and with tail coverage for a period of five (5) years after the completion of the Services. 5.05 Additional Insured / Waiver of Subrogation DocuSign Envelope ID: 5BABADF2-482E-4347-B1E9-5F131AF5BFBD Annex B - 2 Purchase Order for Professional Services Consultant shall include Town, its officers, officials, agents, employees and volunteers as Additional Insureds under the General Liability and Auto policies, and shall supply specific endorsements for same. The Additional Insured endorsement under the General Liability policy will be the Additional Insured – Town, Lessees or Contractors – Scheduled Person or Organization ISO Form CG2010 with the current applicable revision date. It is acceptable that the Additional Insured endorsement to provide “where required by written contract." Consultant shall obtain a specific endorsement to its workers’ compensation insurance policy waiving all rights of subrogation against the Town, its officers, officials, agents, employees and volunteers. 5.06 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability. 5.07 Written notice of cancellation of the policies shall endeavored to be mailed to Town thirty (30) days in advance of the effective date thereof. 5.08 Insurance shall be primary insurance and no other insurance or self insured retention carried or held by any named or additional insureds other than that amount Consultant shall be called upon to contribute to a loss covered by insurance for the named insured. 5.09 Certificates of Insurance and Endorsements shall have clearly typed thereon the title of the Agreement, shall clearly describe the coverage and shall contain a provision requiring the giving of written notice. 5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant or any of its permitted subcontractors or subconsultants may be held responsible for payment of damages resulting from their operations. If Consultant fails to maintain any required insurance, Town may take out such insurance, and deduct and retain amount of premium from any sums due Consultant under this Agreement. END OF ANNEX “B” DocuSign Envelope ID: 5BABADF2-482E-4347-B1E9-5F131AF5BFBD Exhibit 1 Mediation, Coaching and Team Building Scope of Work The Town of Tiburon has expressed an interest in having mediation, teambuilding and executive coaching provided to its employees in the Administrative Services Department. Work-related Mediation/Facilitation The work environment between two key employees at the town is tense. Both are valued employees whose talent and experience are needed by the Town. Both employees are willing to participate in mediated meetings with an RGS facilitator. Teambuilding It is anticipated teambuilding may be necessary once mediation has concluded. Teambuilding includes: Pre-teambuilding interviews – Gathering the perception of each member of the team provides a foundation for the teambuilding agenda. Interviews can be conducted remotely and take approximately 45 minutes per person. Individual responses will remain confidential. Group “themes” will be developed and reported back to the group. Questions may include: •What are the strengths of the team? •What are the weaknesses of the team? •On a scale of 1 – 10 (1=poor; 10=excellent) rate communications among team members? How could it be improved? •What is the smallest change that would have the most positive impact on the team? •What would you like to see us accomplish during the team building session? Executive Coaching The Town wishes to extend the opportunity for an employee to receive Executive Coaching services. Up to 12 hours of Executive Coaching will be provided with Coaching sessions arranged by mutual agreement. It is anticipated that there will be four sessions scheduled in the first two months, then reducing sessions to once a month. DocuSign Envelope ID: 5BABADF2-482E-4347-B1E9-5F131AF5BFBD Exhibit 2 Subject to the terms and conditions of this Agreement, RGS shall assign RGS employee(s) to serve as Advisor(s) to the Town, which may require performing any or all the functions described below on an outsourced basis. RGS services are not duplicated by District employees and are not intended to be performed by Town employees but are wholly outsourced to RGS. This work may be done onsite or remotely. Outsourced finance services are including but not limited to: 1. Project Management and Facilitation of Audit Completion. a. Fixed Asset Schedule b. Pension Liabilities, compliance with GASB 84, and 96 c. Adjusting entries. d. Preparations for anticipated compliance with GASB 87 Other Finance services as requested. RGS Finance advisors will meet as often as necessary for the purpose of consulting about the Town’s needs and issues, and per the scope of work performed. Projects and activities may be modified on request of the Town. The Town will only be invoiced for tactual hours worked. Agreement for Management and Administrative Services [4/21 Rev 2] Between the Town of Tiburon and Regional Government Services Authority DocuSign Envelope ID: 5BABADF2-482E-4347-B1E9-5F131AF5BFBD EXHIBIT 2 - AMENDMENT TO AGREEMENT This Amendment of the Agreement, entered into this 20th day of September, 2023, by and between the Town of Tiburon, a public body of the State of California (“TOWN”) and Regional Government Services Authority (“CONSULTANT”) , a municipal joint powers authority, is made with reference to the following: RECITALS A.On June 7, 2023, an agreement was entered into by and between TOWN andCONSULTANT, ("Agreement"); and B.TOWN and CONSULTANT desire to modify the Agreement on the terms andconditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1.Paragraph 1. (General Description of Consultant Services) of the Agreement ismodified to read as follows: Consultant agrees to provide financial advisory and organizational developmentconsulting services, as described in further detail in the Exhibit 1 and Exhibit 2,attached hereto and incorporated herein by reference. 2.Paragraph 2. (Compensation for Consultant Services) of the Agreement ismodified to read as follows: Compensation for the Services shall be (select one): [ ] Lump Sum of $ , (with) / (without) [Circle one] progress payments; or [ X ] Time and materials, per schedule of rates and charges included in Exhibit 1, with a guaranteed not to exceed price of $ 115,000 . 3.Except as expressly modified herein, all other terms and covenants set forth inthe Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written. [SIGNATURES ON THE FOLLOWING PAGE] TOWN OF TIBURON: CONSULTANT: Greg Chanis, Town Manager Consultant Date: ____________________________ Date: __________________________________ Title: Executive Director Attest: APPROVED AS TO FORM: Town Clerk Date: __________________________________ Tiburon Organizational Development (OD) Services Scope of Work The Town of Tiburon has expressed an interest in providing organizational development-related services to employees, such as teambuilding and coaching. Teambuilding Teambuilding services will include •Pre-teambuilding interviews •Teambuilding facilitation •Facilitation of follow-up meetings Coaching Coaching services may include: •Coaching sessions •Working with the employee to identify specific goals and execute on those goals •Using a variety of tools to gather feedback for the employee being coached Cost: Cost of these services are not to exceed $10,000 for 56 hours of OD-related services. Mileage will be billed at current IRS mileage rates and travel time will be billed at half the hourly rate. Title Hourly Rate Chief Operating Officer $140 to $230 Deputy Chief Operating Officer $135 to $205 Senior/Lead Advisor $130 to $200 Advisor $120 to $170 Project Advisor $110 to $130 Project Coordinator $90 to $125 Technical Specialist $80 to $120 Exhibit 1 Page 14 to 14 August 28, 2023 Agreement for Professional Services Amendment #1 Between the TOWN OF TIBURON and Regional Government Services Authority Exhibit 2 Scope of Services. Subject to the terms and conditions of this Agreement, RGS shall assign RGS employee(s) to serve as Finance Advisor(s) to the Agency, which may require performing any or all of the functions described below: 1. Provide ongoing comprehensive financial management services to ensure effective and compliant financial administration for the Agency. This work may be done either onsite or remotely. RGS services are not duplicated by City employees and are not intended to be performed by City employees but are wholly outsourced to RGS. Such services may include the following: 1.1. Project Services 1.1.1. Fiscal year end close – Prepare year end closing entries and reconciliations 1.1.2. Audit management - Review accounting software for accuracy; write up adjusting journal entries; prepare and review financial statements; prepare audit schedules requested by auditors; facilitate communication between auditors and city management 1.1.3. Accounting, reconcilations and reporting services – Provide GL entries on a monthly, quarterly or annual basis; provide monthly bank reconciliations; provide monthly or quarterly GL account reconciliations; develop and provide monthly, quarterly, and annual financial reports as required internally or externally, such as the state required annual street report, compensation report, transaction reports. 1.1.4. Write detailed procedures for all work performed to facilitate the ease of transition to the new Accounting Manager once recruited and hired. 1.2. Technical Support and Coaching 1.2.1. Review all phases AP function utilizing appropriate controls and provide assistance or direction as necessary. 1.2.2. Provide all phases of the Accounts Receivable 1.2.3. Review Cash Collections functions and Business Licenses 1.2.4. Review all Payroll and benefit liability account reconciliations. 1.3. Be reasonably available to respond to provide advice about emerging issues during the normal work week. 2. Projects and activities may be modified by mutual agreement. It is understood that there may non-routine one-time projects that may be requested and may be accommodated if budget permits. 3. The RGS Project Lead may direct work to other RGS staff with equal or lower bill rates than the core team assigned, as needed to fulfill the Agency's requests for finance and administrative systems support. 4. Agency Customers are to be served by agency employees; and RGS staff will interface with agency employees and data systems to establish appropriately separate workflows to transition information and receive work at the established point of delegation to RGS’ outsourced services. EXHIBIT 3 - 2nd AMENDMENT TO AGREEMENT This 2nd Amendment of the Agreement, entered into this 6th Day of March 2024, by and between the Town of Tiburon, a public body of the State of California (“TOWN”) and Regional Government Services Authority (“CONSULTANT”) , a municipal joint powers authority, is made with reference to the following: RECITALS A. On June 7, 2023, an agreement was entered into by and between TOWN and CONSULTANT, ("Agreement"); and B. On September 20, 2023, a 1st Amendment to the Agreement was approved by the TOWN and CONSULTANT; and C. TOWN and CONSULTANT desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 1. (General Description of Consultant Services) of the Agreement is modified to read as follows: Consultant agrees to provide financial advisory and consulting services, as described in further detail in the Exhibit 1, attached hereto and incorporated herein by reference. 2. Paragraph 2. (Compensation for Consultant Services) of the Agreement is modified to read as follows: Compensation for the Services shall be (select one): [ ] Lump Sum of $ , (with) / (without) [Circle one] progress payments; or [ X ] Time and materials, per schedule of rates and charges included in Exhibit 1, with a guaranteed not to exceed price of $ 160,000 . 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written. [SIGNATURES ON THE FOLLOWING PAGE] TOWN OF TIBURON: CONSULTANT: Greg Chanis, Town Manager Consultant Date: ____________________________ Date: __________________________________ Title: Executive Director Attest: APPROVED AS TO FORM: Town Clerk Date: __________________________________ ______ March 6, 2024 Agreement for Professional Services Amendment #2 Between the TOWN OF TIBURON and Regional Government Services Authority Exhibit 1 Scope of Services. Subject to the terms and conditions of this Agreement, RGS shall assign RGS employee(s) to serve as Finance Advisor(s) to the Agency, which may require performing any or all of the functions described below: 1. Provide ongoing comprehensive financial management services to ensure effective and compliant financial administration for the Agency. This work may be done either onsite or remotely. RGS services are not duplicated by City employees and are not intended to be performed by City employees but are wholly outsourced to RGS. Such services may include the following: 1.1. Project Services 1.1.1. Fiscal year end close – Prepare year end closing entries and reconciliations 1.1.2. Audit management - Review accounting software for accuracy; write up adjusting journal entries; prepare and review financial statements; prepare audit schedules requested by auditors; facilitate communication between auditors and city management 1.1.3. Accounting, reconciliations and reporting services – Provide GL entries on a monthly, quarterly or annual basis; provide monthly bank reconciliations; provide monthly or quarterly GL account reconciliations; develop and provide monthly, quarterly, and annual financial reports as required internally or externally, such as the state required annual street report, compensation report, transaction reports. 1.1.4. Assist with the annual budget preparation, such as revenue or end-of year projections, fund balance reporting or other reporting. 1.1.5. Write detailed procedures for all work performed to facilitate the ease of transition to the new Accounting Manager once recruited and hired. 1.2. Technical Support and Coaching 1.2.1. Assist with reviewing Accounts Payable batches, assist with Cal Card process, and provide direction as necessary. 1.2.2. Assist in reviewing Accounts Receivable batches 1.2.3. Review Cash Collections functions and Business Licenses 1.2.4. Review all Payroll and benefit liability account reconciliations. 1.3. Be reasonably available to respond to provide advice about emerging issues during the normal work week. 2. Projects and activities may be modified by mutual agreement. It is understood that there may non- routine one-time projects that may be requested and may be accommodated if budget permits. 3. The RGS Project Lead may direct work to other RGS staff with equal or lower bill rates than the core team assigned, as needed to fulfill the Agency's requests for finance and administrative systems support. 4. Agency Customers are to be served by agency employees; and RGS staff will interface with agency employees and data systems to establish appropriately separate workflows to transition information and receive work at the established point of delegation to RGS’ outsourced services. EXHIBIT 4 EXHIBIT 5 - 1st AMENDMENT TO AGREEMENT This 1st Amendment of the Agreement, entered into this 6th day of March 2024, by and between the Town of Tiburon, a public body of the State of California (“TOWN”) and Muchmore Than Consulting (“CONSULTANT”), is made with reference to the following: RECITALS A. On January 12, 2023, an agreement was entered into by and between TOWN and CONSULTANT, ("Agreement"); B. TOWN and CONSULTANT desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 2. (Compensation for Consultant Services) of the Agreement is modified to read as follows: Compensation for the Services shall be (select one): [ ] Lump Sum of $ , (with) / (without) [Circle one] progress payments; or [ X ] Time and materials, per schedule of rates and charges included in Exhibit 1, with a guaranteed not to exceed price of $ 225,000 . 2. Paragraph 3. (Effective Date and term) of the Agreement is revised to read as follows: The effective date of this Agreement is January 12, 2023 and it shall terminate no later than June 30, 2024 unless it is continued by mutual written agreement of the parties. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written. [SIGNATURES ON THE FOLLOWING PAGE] TOWN OF TIBURON: CONSULTANT: Greg Chanis, Town Manager Consultant Date: ____________________________ Date: __________________________________ Title: Attest: APPROVED AS TO FORM: Town Clerk Date: __________________________________ ______ TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works – Administration & Engineering Subject: Second Reading and Adoption of an Ordinance Amending Title VI, Chapter 23 of the Town of Tiburon Municipal Code regulating the use of Electric Mobility Devices Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council will be considering approval of the second reading of a Municipal Code amending Title VI, Chapter 23 of the Town of Tiburon Municipal Code regulating the use of Electric Mobility Devices. RECOMMENDED ACTION(S) Staff recommends that the Town Council adopt the ordinance (Exhibit 1) by adoption of this item on the Consent Calendar. BACKGROUND At the February 7, 2024, regular Town Council meeting, staff proposed an Ordinance amending Title VI, Chapter 23 of the Town of Tiburon Municipal Code to enhance enforcement surrounding traffic and pedestrian safety concerns regarding the use of Electric Mobility Devices (EMD). The Town supports the usage of Electric Bicycles, Motorized Scooters, and other Electric Mobility Devices as an alternative mode of transportation and recognizes the increased usage has created safety concerns among operator interactions with other motorists and pedestrians, warranting a higher level of regulation. A staff report was presented, the public hearing was held, and Town Council, by a 5 to 0 vote, passed first reading of the ordinance amending Title VI, Chapter 23 of the Town of Tiburon Municipal Code regarding the use of Electric Mobility Devices (EMD). The proposed Ordinance enables the Police Department to enforce provisions of this Ordinance and may allow offenders of this ordinance to complete a Diversion Safety Program offered by local bicycle organizations that includes the completion of community service or other restorative interventions to ensure an adequate amount of behavior-changing education is imparted on the individual. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 6, 2024 Agenda Item CC-2 Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 2 OF 2 Based on input from Town Council, staff deleted verbiage that referenced the police department will be providing the diversion safety programs from Section 2-70(a) as the classes and clinics will be offered by local bicycle organizations. ANALYSIS This is a consent calendar item. The Council’s motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember’s vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. FISCAL IMPACT Staff anticipates no direct fiscal impact to the Town. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council adopt the ordinance (Exhibit 1) by adoption of this item on the Consent Calendar. Exhibit(s): 1. Ordinance Amending Title VI, Chapter 23. 2. Public Communication received prior to packet publication on 02/29/2024. Prepared By: David O. Eshoo, Engineering Manager EXHIBIT 1 4887-5183-6578 v1 Page 1 of 4 Ordinance No. XXX N.S. Effective xx/xx/xxxx ORDINANCE NO. XXX N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING TITLE VI, CHAPTER 23 (MOTOR VEHICLES AND TRAFFIC) OF THE TIBURON MUNICIPAL CODE THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES ORDAIN AS FOLLOWS: Section 1. Section 23-25 (a) is hereby amended to add: (10) Electric personal assistive mobility device, electrically motorized boards, motorized scooter. Section 2. Title VI, Chapter 23, Article VI (Operation of Electric Mobility Devices) is hereby created to read as follows: 23-64. Purpose (a) The purpose of this Article is to regulate Electric Mobility Devices within Tiburon Town limits. (b) The Town supports the usage of Electric Bicycles, Motorized Scooters, and other Electric Mobility Devices as an alternative mode of transportation and recognizes the increased usage has created safety concerns among operator interactions with other motorists and pedestrians, warranting a higher level of regulation. 23-65. Definitions “Electric Mobility Device” includes the following, each as defined in the California Vehicle Code, as it may be amended from time to time: (a) “Electric Bicycle” has the same meaning as in California Vehicle Code Section 312.5. (1) “Class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. (2) “Class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. (3) “Class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour and is equipped with a speedometer. (b) “Electric personal assistive mobility device” has the same meaning as in California Vehicle Code Section 313. 4887-5183-6578 v1 Page 2 of 4 Ordinance No. XXX N.S. Effective xx/xx/xxxx (c) “Electrically motorized boards” has the same meaning as in California Vehicle Code Section 313.5. (d) “Low speed vehicle” has the same meaning as in California Vehicle Code Section 385.5. (e) “Motorized scooter” has the same meaning as in California Vehicle Code Section 407.5. “Operator” means a person who owns, operates, and/or controls an Electric Mobility Device. “Public area” means any outdoor area that is open to the members of the public for public use, whether owned or operated by the Town or a private party. “Vehicle” has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time. “Bicycle” has the same meaning as in California Vehicle Code Section 231. 23-66. Prohibition of Electric Mobility Devices Where Posted (a) No person shall operate or ride on an Electric Mobility Device in public areas where Bicycles are prohibited, as set forth in Sections 23-23, 23-24, and 23-25 of this Code. (b) Riders on Class 3 electric bicycle’s must be 16 years or older and must wear a properly fitted and fastened bicycle helmet when riding on a public roadway or bikeway. 23-67. No operating or riding Electric Mobility Devices on sidewalks and public facilities. No person shall operate or ride an Electric Mobility Device upon any sidewalk, in any public drainage facility, culvert, ditch, channel, or any other public athletic field, athletic/sports court, or gymnasium in the Town, except for persons with mobility disabilities utilizing a wheelchair or other power-driven mobility device in accordance with the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) and section 36.311 of Title 28 of the Code of Federal Regulations. 23-68. Duty to operate Electric Mobility Devices with due care and reduced speed. (a) The operator of an Electric Mobility Devices shall exercise all due care and shall reduce the speed of the device, obey all traffic control devices, and take all other actions relating to the operation of the device as necessary to safeguard the safety of the operator, passengers, and any persons or other vehicles or devices in the immediate area. (b) It shall be unlawful to transport a passenger on an Electric Mobility Device designed for a single person, or cling to or attach oneself to an Electric Mobility Device with an operator or rider on board, to any moving vehicle or motorized or non-motorized wheeled device. 4887-5183-6578 v1 Page 3 of 4 Ordinance No. XXX N.S. Effective xx/xx/xxxx (c) It is recommended that those under the age of 16 and in primary control of any Electric Mobility Device should not ride “double” or “tandem,” regardless of the device’s capacity or ability to do so. (d) Operators must obey all applicable California Vehicle Code requirements. (e) Operators shall allow the inspection of Electric Mobility Devices upon lawful contact with police officers to determine if the rider is legally allowed to operate said Electric Mobility Device. 23-69 Sales/Rental Addendum Businesses within the Town that sell, rent, or service Electric Mobility Devices shall provide safety information and the legal use of such devices within the State of California and the Town . This information shall be provided at the time of sale, time of rental, or upon request of an individual. 23-70. Enforcement (a) In lieu of a fine or administrative citation as authorized by this Code, and in lieu of filing charges in any court having jurisdiction over a violation, the police chief or designee may allow a violator and, if the violator is a juvenile, parents of the violator of this Chapter to complete a diversion safety program, at their expense, as assigned by the police department designee. (b) This Chapter does not prohibit any officer from issuing a citation for any offense based on his or her discretion. In the event an observed violation is not already codified in the California Vehicle Code and falls under the scope of this Chapter, an administrative citation may be issued pursuant to Title VI, Chapter 31, Article IV, Section 13 of the Tiburon Municipal Code. (c) In the event the operator of the Electric Mobility Device is a juvenile, officers will make every effort to contact the parent(s) or responsible guardian(s) of the said operator and advise them of the nature of the violation. This shall occur at the time of the stop or as soon as practical. 23-71. Exemptions (a) Notwithstanding any other provisions of this Chapter or any other section of this Code, Town and public agency personnel may operate Electric Mobility Devices or other vehicles at any place in the Town to perform their duties. (b) This Chapter does not apply to or otherwise restrict person with mobility disabilities utilizing a wheelchair or other power-driven mobility device in accordance with the 4887-5183-6578 v1 Page 4 of 4 Ordinance No. XXX N.S. Effective xx/xx/xxxx American with Disabilities Act (42 U.S.C. Section 12101 et seq.) and section 36.311 of Title 28 of the Code of Federal Regulations. Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsection, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code Section 36937, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on February 7, 2024 and was adopted at a regular meeting of the Town Council at the Town of Tiburon on ____________, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK EXHIBIT 2 Some people who received this message don't often get email from ramittelstaedt1010@gmail.com. Learn why this is important From:Greg Chanis To:David Eshoo Subject:FW: Proposed EMD Regulation Date:Tuesday, February 27, 2024 4:45:21 PM Attachments:chartnotes129.pdf compareposter.pdf Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: Bob Mittelstaedt <ramittelstaedt1010@gmail.com> Sent: Friday, February 16, 2024 1:06 PM To: Town <town@townoftiburon.org>; Lea Dilena <ldilena@townoftiburon.org> Subject: Proposed EMD Regulation CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am a co-founder of EbikeAccess.Org, a non-profit dedicated to promoting the safe and responsible riding of e-bikes. Our main mission has been to work with the MMWD to allow access for Class 1 e-bikes to Mt. Tam fire roads. A more recent concern has been the reckless riding and misleading marketing of electric throttle vehicles as class 2 ebikes. Super 73 appears to be the most popular brand for children under 16 in Tiburon. I applaud the Tiburon Town Council for considering EMD regulation. I am concerned, however, that the proposed ordinance is missing a significant point and contains a huge loophole. Let me explain what I mean, and then propose a solution. "Electric Mobility Devices" is defined in the proposed regulation to include five categories. Of the five, the only one that might apply to electric throttle two-wheelers would be the three classes of e-bikes. (23.65(a)). (Subsections (b) and (c) pertain to self- balancing devices like Segways; subsection (d) have four-wheels; and subsection (e) is motorized scooters.) As the staff report correctly summarizes, the only e-bike classification under California law that potentially applies to throttle electric vehicles is class 2. To qualify as a class 2 e-bike, the vehicle's motor cannot be "capable of providing assistance" when the vehicle is going faster than 20 mph. (California Vehicle Code 312.5(a)(2)) That limit is significant because ebikes have no age or licensing requirements whereas vehicles exceeding the class 2 limit are considered motor vehicles with age/licensing requirements. In other words, it's legal for children under 16 to ride a legitimate class 2 ebike but it's a misdemeanor for anyone under 16 to ride an electric throttle vehicle that exceeds the class 2 capability limit. (CVC 231, 12500). Super 73s and several other similar electric vehicles with throttles do not qualify as class 2 e-bikes. That is because they admit on their websites that their motors not only are "capable" of working above 20 mph but they easily do so simply by pushing a button on a built-in display or an app provided by the manufacturer for the express purpose of allowing the rider to exceed the class 2 limit. If Super 73s are not class 2 e-bikes, what are they under the California Vehicle Code? They are not bicycles or e-bikes. Instead they are "motorcycles" or "motor vehicles" -- and they cannot be ridden by unlicensed, i.e., under 16 -- children. For that reason, Sports Basement -- the leading retailer of Super 73s in Marin County -- has recently decided to discontinue selling Super 73s. Turning to the proposed ordinance, it does not apply to Super 73s. They are not e-bikes. They are not Segways. They don't have four wheels. And they are not motorized scooters. That's a huge loophole, given that Super 73s are the main culprit that the ordinance presumably is aimed at. This oversight can be cured by expanding the definition of EMD to include all vehicles with electric motors, although the rest of the ordinance would need to be reviewed to see if this revision causes any unintended problems. But as written the ordinance does not do what it presumably is intended to accomplish. A related problem is the "recommend[ation] that "those under the age of 16 and in primary control of any Electric Mobility Device should not ride 'double' or 'tandem.'" As worded, this provision might lead the public to think it is lawful for children of any age to ride any type of EMD. In other words, the recommendation implies that it's legal to do otherwise, just not recommended. But under current law, a motorized scooter requires a driver's license or permit. CVC 21235(c). And class 3 ebikes (pedal assist with limit of 28 mph) cannot be ridden by children under 16. This problem can be addressed by revising the ordinance to state that, under existing law, motorized scooters cannot be ridden without a license or permit and electric throttle and that electric throttle vehicles with motors capable of assisting above 20 mph cannot be ridden by children under 16. The ordinance could then go on with its recommendation that all other EMDs should not be ridden by children under 16 either. Finally, let me propose another provision that will aid in enforcement. I understand that Tiburon schools have recently advised parents that class 3 ebikes cannot be used for school transport, because the law prohibits children under 16 from riding class 3 ebikes. I have asked the superintendent to extend this ban to encompass all electric vehicles with a minimum age or licensing requirement. That would include electric motor scooter and throttle vehicles like Super 73s with motors capable of working above 20 mph. Consistent with the Town Council's purpose of making Tiburon safer, it would be appropriate to include a provision that children under 16 may not ride the following to or from school: class 3 ebikes, electric scooters or electric throttle vehicles with motors capable of working above 20 mph. I realize that, for those who are not steeped in the Vehicle Code or who are unfamiliar with how Super 73s work, this might seem complicated. I would be pleased to assist in any way the Town Council or any individual member sees fit. Attached is a flyer with annotated notes that I have used with other local officials, and with Sports Basement as noted above. https://www.ebikeaccess.org Some people who received this message don't often get email from ramittelstaedt1010@gmail.com. Learn why this is important From:Greg Chanis To:David Eshoo Subject:FW: Proposed EMD Regulation Date:Tuesday, February 27, 2024 4:45:31 PM Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 / (415) 435-7383 From: Bob Mittelstaedt <ramittelstaedt1010@gmail.com> Sent: Friday, February 16, 2024 1:26 PM To: Town <town@townoftiburon.org>; Lea Dilena <ldilena@townoftiburon.org> Subject: Re: Proposed EMD Regulation CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I should add one important point -- the accident statistics for Marin County. The staff report relied on nationwide data from the CPSC. Even more relevant is our local data, as published by the Marin County. https://www.marinhhs.org/bicycle-safety. The data reflect accidents for conventional bikes and "e-bikes", divided by various age groups. In short, the accident rate for children 10-15 on conventional bikes is the lowest of any age group. Whereas the accident rate for children 10-15 on "ebikes" -- whether legal or otherwise -- is the highest of any age group. Indeed, the "ebike" accident rate for 10-15 year olds is 5 to 6 times greater than for older groups. And, as noted earlier, it appears that Super 73s and the other over-powered throttle vehicles being misrepresented as Class 2 ebikes are the most popular for this youngest age group. https://www.ebikeaccess.org On Fri, Feb 16, 2024 at 1:06 PM Bob Mittelstaedt <ramittelstaedt1010@gmail.com> wrote: I am a co-founder of EbikeAccess.Org, a non-profit dedicated to promoting the safe and responsible riding of e-bikes. Our main mission has been to work with the MMWD to allow access for Class 1 e-bikes to Mt. Tam fire roads. A more recent concern has been the reckless riding and misleading marketing of electric throttle vehicles as class 2 ebikes. Super 73 appears to be the most popular brand for children under 16 in Tiburon. I applaud the Tiburon Town Council for considering EMD regulation. I am concerned, however, that the proposed ordinance is missing a significant point and contains a huge loophole. Let me explain what I mean, and then propose a solution. "Electric Mobility Devices" is defined in the proposed regulation to include five categories. Of the five, the only one that might apply to electric throttle two-wheelers would be the three classes of e-bikes. (23.65(a)). (Subsections (b) and (c) pertain to self-balancing devices like Segways; subsection (d) have four-wheels; and subsection (e) is motorized scooters.) As the staff report correctly summarizes, the only e-bike classification under California law that potentially applies to throttle electric vehicles is class 2. To qualify as a class 2 e-bike, the vehicle's motor cannot be "capable of providing assistance" when the vehicle is going faster than 20 mph. (California Vehicle Code 312.5(a)(2)) That limit is significant because ebikes have no age or licensing requirements whereas vehicles exceeding the class 2 limit are considered motor vehicles with age/licensing requirements. In other words, it's legal for children under 16 to ride a legitimate class 2 ebike but it's a misdemeanor for anyone under 16 to ride an electric throttle vehicle that exceeds the class 2 capability limit. (CVC 231, 12500). Super 73s and several other similar electric vehicles with throttles do not qualify as class 2 e-bikes. That is because they admit on their websites that their motors not only are "capable" of working above 20 mph but they easily do so simply by pushing a button on a built-in display or an app provided by the manufacturer for the express purpose of allowing the rider to exceed the class 2 limit. If Super 73s are not class 2 e-bikes, what are they under the California Vehicle Code? They are not bicycles or e-bikes. Instead they are "motorcycles" or "motor vehicles" -- and they cannot be ridden by unlicensed, i.e., under 16 -- children. For that reason, Sports Basement -- the leading retailer of Super 73s in Marin County -- has recently decided to discontinue selling Super 73s. Turning to the proposed ordinance, it does not apply to Super 73s. They are not e- bikes. They are not Segways. They don't have four wheels. And they are not motorized scooters. That's a huge loophole, given that Super 73s are the main culprit that the ordinance presumably is aimed at. This oversight can be cured by expanding the definition of EMD to include all vehicles with electric motors, although the rest of the ordinance would need to be reviewed to see if this revision causes any unintended problems. But as written the ordinance does not do what it presumably is intended to accomplish. A related problem is the "recommend[ation] that "those under the age of 16 and in primary control of any Electric Mobility Device should not ride 'double' or 'tandem.'" As worded, this provision might lead the public to think it is lawful for children of any age to ride any type of EMD. In other words, the recommendation implies that it's legal to do otherwise, just not recommended. But under current law, a motorized scooter requires a driver's license or permit. CVC 21235(c). And class 3 ebikes (pedal assist with limit of 28 mph) cannot be ridden by children under 16. This problem can be addressed by revising the ordinance to state that, under existing law, motorized scooters cannot be ridden without a license or permit and electric throttle and that electric throttle vehicles with motors capable of assisting above 20 mph cannot be ridden by children under 16. The ordinance could then go on with its recommendation that all other EMDs should not be ridden by children under 16 either. Finally, let me propose another provision that will aid in enforcement. I understand that Tiburon schools have recently advised parents that class 3 ebikes cannot be used for school transport, because the law prohibits children under 16 from riding class 3 ebikes. I have asked the superintendent to extend this ban to encompass all electric vehicles with a minimum age or licensing requirement. That would include electric motor scooter and throttle vehicles like Super 73s with motors capable of working above 20 mph. Consistent with the Town Council's purpose of making Tiburon safer, it would be appropriate to include a provision that children under 16 may not ride the following to or from school: class 3 ebikes, electric scooters or electric throttle vehicles with motors capable of working above 20 mph. I realize that, for those who are not steeped in the Vehicle Code or who are unfamiliar with how Super 73s work, this might seem complicated. I would be pleased to assist in any way the Town Council or any individual member sees fit. Attached is a flyer with annotated notes that I have used with other local officials, and with Sports Basement as noted above. https://www.ebikeaccess.org TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Disability Retirements for Safety Employees Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town has a “local safety member” employee and CalPERS member who has tendered a request for Industrial Disability Retirement. The Public Employees’ Retirement Law (“PERL”) requires that the employer determine (a) whether the employee is disabled for the purposes of the PERL and (b) whether the disability is “industrial” within the meaning of the PERL. Section 21173 of California Government Code provides that a governing body may delegate responsibility and authority to a body or officer of the Town. Approval of this Resolution delegates the responsibility and authority to make determinations on behalf of the Town regarding local safety disability retirement to the Chief of Police and sets the procedures for processing applications. RECOMMENDED ACTION(S) 1. Consider approval of a resolution (Exhibit 1) designating the Responsibility and Authority and updating the process and procedures in the determination of disability retirements for safety employees. BACKGROUND The Public Employees’ Retirement Law (PERL) specifies the procedures under which a local safety retirement is conducted as well as the procedures to determine whether an employee is disabled for purposes of the PERL and whether the disability is “industrial” within the meaning of the PERL. Over the years, amendments to the PERL have changed the procedures for determining and processing applications for public employee retirement. The process included in the Resolution includes the current and accepted process for CalPERS local safety disability retirements which can be found in their resource guide on the topic: Local Safety Disability Retirement / Industrial Disability Retirement Resource Guide Once a completed application is received from a member, CalPERS determines if the member is eligible to apply for disability retirement. Once that determination has been made, CalPERS and the PERL require the employer to make a determination based on competent medical opinion, TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 6, 2024 Agenda Item: CC-3 Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 2 OF 3 whether the employee is disabled (as defined in the PERL) and whether the disability is “industrial” within the meaning of the PERL. ANALYSIS The Town has received a letter from CalPERS that a local safety member has applied for retirement and has been approved to apply for industrial disability retirement by CalPERS. The Town has less than six months to make a determination regarding the members’ disability and whether the disability is industrial under the PERL. Government Code Section 21156 provides that the local agency governing body must make the determination of disability and “industrial” causation and must base that decision on competent medical opinion. The code further states that a determination must not be used as a substitute for discipline. The employee may appeal a determination under Government Code Section 21156 to the Governing Body. The Council is allowed to delegate responsibility and authority for these decisions and staff recommends the Council delegate authority for the responsibility and authority to make the decision to the Chief of Police. This will allow delegation of appeal to the Town Manager or other officer of the Town. The Resolution also provides a promissory note that the employee will sign. Once a local safety member has applied for industrial disability retirement, Government Code 4850.3 provides that Advance Disability Pension Payments be paid to them. The Code specifies the duration and the amount which is approximately 50% of their pay for the previous 12 months. CalPERS will reimburse the employer these payments should the application for industrial disability retirement be approved. If the application is not approved, CalPERS will not reimburse, and the employer must recover the funds from the employee. The promissory note provides agreement by the employee to repay these funds in the case of application denial. 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 approve and adopt a Resolution designating the Responsibility and Authority and updating the process and procedures in the determination of disability retirements for safety employees. Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 3 OF 3 Exhibit(s): 1. Draft Resolution Prepared By: Deborah Muchmore, Human Resources Advisor, MTC Greg Chanis, Town Manager EXHIBIT 1 Page 1 of 4 Town Council Resolution No. XX-2024 DRAFT March 6, 2024 DRAFT RESOLUTION NO. XX-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DESIGNATING THE AUTHORITY AND UPDATING THE PROCESS AND PROCEDURES IN THE DETERMINATION OF DISABILITY RETIREMENTS FOR EMPLOYEES WHEREAS, the Town of Tiburon is a contracting agency of the California Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law ("PERL") requires that a contracting local government agency determine (a) whether an employee of such agency in which he/she is classified as a "local safety member" is disabled for purposes of the Public Employees' Retirement Law and (b) whether such disability is "industrial" within the meaning of the PERL; WHEREAS, the Town Council of the Town of Tiburon may delegate responsibility and authority under section 21173 of the Government Code to a body or officer of the Town. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as set forth: Section 1. The Town Council hereby delegates to the Chief of Police or their designee the authority to file disability applications on behalf of all employees pursuant to Government Code section 21173; Section 2. The Town of Tiburon does hereby delegate to the Chief of Police or his/her designee, the authority to make any and all determinations on behalf of the Town of Tiburon under section 21152(c) of the Government Code, as it may from time to time be amended, of the existence of a disability and whether such disability is industrial, and to certify such determinations and all other necessary information to the California Public Employees' Retirement System; and Section 3. That the Chief of Police or his/her designee is authorized to make applications on behalf of the Town of Tiburon for disability retirement on behalf of eligible employees and to initiate requests for reinstatement of such employees who have previously been retired for disability; and Section 4. A certified copy of this Resolution must be placed on file with the California Public Employees Retirement System or must accompany all such resolutions or letters of designation signed by the delegate named in this resolution and be included as part of the submission to the California Public Employees Retirement System. Section 5. The Town of Tiburon hereby adopts the following procedures for processing applications of local safety members for disability retirement: 1. Verification of CalPERS determination of member eligibility Page 2 of 4 Town Council Resolution No. XX-2024 DRAFT March 6, 2024 Upon receipt of verification from the California Public Employees Retirement System that the member is eligible to apply for disability retirement the Chief of Police will proceed with determination. 2. Contingencies Completed An initial determination will begin after determination that the following conditions have been met: • 4850 payments have been exhausted • Employee has exhausted all leave balances • OR Employee has filed for disability retirement 3. Promissory Note In the event applicant becomes eligible for Advanced Disability Pension Payments. Applicant must sign a promissory note agreeing to repay and Advance disability Pension Payments made by the Town should the applicant later be deemed ineligible for retirement. 4. Determination of Disability An initial determination will be made by the Town upon medical and other available evidence offered by either the applicant or the Town to determine whether the applicant is substantially incapacitated from the performance of his or her duties. The determination shall be made within six months of the date of the Town 's receipt of CalPERS request for such determination unless this time requirement is waived in writing by the applicant. The Chief of Police or his/her designee shall certify the Town 's findings and direct them to CalPERS. A resolution determination for disability retirement will include all the following information statements: • A statement certifying under penalty of perjury that the determination was not used as a substitute for the disciplinary process • A statement certifying under penalty of perjury that the determination was made based on competent medical opinion • A finding indicating the member has been found substantial incapacitated from the performance of the usual duties of his/her position • A statement that there is competent medical opinion certifying the disability is expected to a) be permanent; b) last at least twelve consecutive months from the date of an application for benefit; c) will result in death. • A statement confirming whether or not the member had filed a workers compensation claim(s) for his or her disabling conditions(s) and if so, whether the claim was accepted. Page 3 of 4 Town Council Resolution No. XX-2024 DRAFT March 6, 2024 • A finding by the employer as to whether the causation of the disability was industrial. • A statement by the employer documenting the member’s last day on payroll. • A statement by the employer as to whether there is, or is not, a possibility of third- party liability present. • The monthly amount and beginning date of Advance Disability Pension Payments (ADPP) paid or to be paid to the member along with the address where the reimbursement check should be mailed. • A certified copy of this signed resolution must accompany the determination resolution. 5. Appeal Process If the applicant requests a hearing pursuant to the PERL, the hearing shall be held in conformity with Government Code section 21156, as it may from time to time be amended. Once the Town issues its decision following a hearing, the decision and findings will be served on the applicant by certified mail and CalPERS will be notified. If applicant is found to be substantially incapacitated the Town shall so certify to CalPERS. If applicant is found not to be substantially incapacitated the applicant will be further advised that he or she has thirty calendar days to seek judicial review, not including prospective or prophylactic restrictions as defined by CalPERS guidance on disability retirement and in CA Government Code Section 21166 which excludes any determination of disability under Labor Code 4600, 5811 or any other provision of the Labor Code. RESOLUTION PASSED, APPROVED, AND ADOPTED, at the regular meeting of the Tiburon Town Council on the 6th day of March, 2024 by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: LEA DILENA, TOWN CLERK EXHIBITS: Page 4 of 4 Town Council Resolution No. XX-2024 DRAFT March 6, 2024 A. Promissory Note TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Consider Approval of a Fiscal Year 2024 Budget Amendment Increasing Appropriations for Legal Services in the Amount of $370,000 With the Source of Funds Being General Fund Operating Reserves. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Fiscal Year 2024 expenditures for Legal Services are estimated to exceed the amount budgeted. Therefore, Council is being asked to approve a Fiscal Year 2024 Budget Amendment increasing appropriations for Legal Expenses by $370,000, with the source of funds being General Fund Operating Reserves. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Approve a Fiscal Year 2024 Budget Amendment in the amount of $370,000, with the Source of funds being General Fund Operating Reserves (Fund 101), increasing appropriations in the Legal Services budget (Division 130) by that amount. BACKGROUND The adopted Fiscal Year 2024 Budget included a total of $491,650 in appropriations for Legal Services (Division 130). Staff is now estimating Fiscal Year 2024 expenditures for Legal Services will total $861,650. Please see the Table below for a comparison of the budgeted amounts vs. the estimated amounts. FY 24 Adopted Budget Estimated Year End Expenes Contract - Town Attorney 450,000 450,000 Legal Services - Employment 30,000 75,000 Litigation - General 0 275,000 Legal Settlements 10,000 60,000 Technology Allowance 1,650 1,650 Subtotal:491,650$ 861,650$ Estimated FY 24 Shortfall=$370,000 Based on the estimates included in the above Table, the estimated FY 24 budget shortfall in Legal Services will be $370,000. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 6, 2024 Agenda Item: CC-4 Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 2 OF 2 ANALYSIS Staff notes the line item associated with general Legal Services ($450,000) is estimated to be at or below the budgeted amount at the end of the Fiscal Year, with the estimated $370,000 shortfall in the operating budget due primarily to the following 3 factors: • CEQA litigation associated with the Town’s certified Housing Element • Ongoing litigation associated with an employment related claim • Anticipated settlement of pending liability claim FINANCIAL IMPACT The Council is considering approval of a Fiscal Year 2024 Budget Amendment in the amount of $370,000, with the source of funds being General Fund Operating Reserves (Fund 101). Staff currently estimates the balance in Fund 101 at the end of FY24 (June 30, 2024) will be approximately $6.64M, reduced by the amount of any approved Budget Amendment. Town Policy commits the Town to maintaining, at minimum, General Fund Reserves equal to 25% of the annual Operating Budget. For Fiscal Year 2024, the Town’s Operating Budget (adjusted to remove the Library pass through payments) equals approximately $14M. As a result, pursuant to the Reserve Policy, the minimum amount of General Fund Operating Reserves would be approximately $3.5M. 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 a Fiscal Year 2024 Budget Amendment in the amount of $370,000, with the Source of funds being General Fund Operating Reserves (Fund 101), increasing appropriations in the Legal Services budget (Division 130) by that amount. Prepared By: Greg Chanis, Town Manager TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Consider Reappointment or New Appointments to Fill Vacancies on Various Town Boards & Commissions Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council appoints board and commissioners to staggered terms on the Town’s boards, commissions, and committees. Most terms expire on February 28 of each year. Tonight, the Council will consider making reappointments to board or commission members who seek another term or appointing new applicants to any open seats. RECOMMENDED ACTION(S) 1. Consider reappointment of any board or commission members whose terms expired on 2/28/24. 2. Consider appointment of new applicants to the open seats. 3. Direct staff to continue accepting applications for any open seats that remain vacant. BACKGROUND At the January 17, 2024 regular Town Council meeting, the Council announced the current and pending vacancies on Town boards, commissions and committees in the coming year. Pursuant to Town Council Resolution No. 16-2007 (Appointments Procedure), the Town Clerk published a Notice of Current & Pending Vacancies on Boards & Commissions (Exhibit 1) in the Ark, and posted it at Town Hall and on the Town’s website. This notice serves to inform the public of the current and pending vacancies and invites applications for these positions. The current vacancies are summarized as follows: • The Ranch Committee – 1 vacancy (incumbent Victoria Gazulis seeks reappointment) • Building Code Appeals Board – 1 vacancy (incumbent Mark Swanson seeks reappointment) • Design Review Board – 2 vacancies (incumbents Bryan Chong and Suzanne Kim seek reappointment) • Heritage & Arts Commission – 3 vacancies (incumbents Trish Ferrin, Arjun Gupta, and Nora Noguez seek reappointment) TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 6, 2024 Agenda Item: AI-1 Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 2 OF 3 • Parks, Open Space & Trails Commission – 2 vacancies (incumbents Timothy Burr and Angela McInerney seek reappointment) • Planning Commission – 1 vacancy (incumbent Jeff Tsai seeks reappointment) The Town Clerk contacted the current officials on the above boards and commissions whose terms expired on 2/28/2023, and all of the incumbents have notified the Town of their interest in seeking appointment to another term. ANALYSIS It is regular practice of the Town Council to consider making their annual appointments at the first Town Council meeting in March (the first meeting following the expiration of the terms) to minimize the impact of open seats on the Town’s boards and commissions. In considering appointments to boards and commissions, the Council gives equal consideration to new applicants and incumbents seeking another term and does not make any appointment to a board or commission until all interested applicants have interviewed for the position(s). This year, the Council will interview 6 additional applicants seeking consideration for appointment to one of the open seats. The applicants could be eligible for any of the open seats, but they have indicated their first preference as follows: • Mike Shepard (Parks, Open Space & Trails Commission) (Exhibit 2) • Mike Ghaffary (Parks, Open Space & Trails Commission) (Exhibit 3) • Sharmeen Ahmed (Parks, Open Space & Trails Commission) (Exhibit 4) • Gautam Malhotra (Parks, Open Space & Trails Commission) (Exhibit 5) • Theresa Coleman (Heritage & Arts Commission) • Liz Feibusch (Heritage & Arts Commission) *Interview scheduled for 3/20 Tonight’s Appointments Tonight, the Town Council will consider reappointment of board or commission members seeking another term and/or appointment of new members to the open seats. The Council may reappoint the current board or commission members seeking reappointment by one motion. A summary of possible actions is provided by the figure below: Reappoint Incumbent(s) And/Or The Ranch Committee (Make 1 appointment) Victoria Gazulis None Building Code Appeals Board (Make 1 appointment) Mark Swanson None Design Review Board (Make 2 appointments) Bryan Chong Suzanne Kim None Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 3 OF 3 Heritage & Arts Commission *NO ACTION The Council will consider these appointments following Liz Feibusch’s interview on 3/20 Parks, Open Space, and Trails Commission (Make 2 appointments) Timothy Burr Angela McInerney Consider New Applicants: Mike Shepard Mike Ghaffary Sharmeen Ahmed Gautam Malhotra Planning Commission (Make 1 appointment) Jeff Tsai None If the Council is not ready to make any of the above appointments, the Council may direct staff to reopen the application period and accept applications from additional applicants. 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: 1. Consider reappointment of any board or commission members whose terms expired on 2/28/24. 2. Consider appointment of new applicants to the open seats. 3. Direct staff to continue accepting applications for any open seats that remain vacant. Exhibit(s): 1. Notice of Pending Vacancies – 2024 2. Mike Shepard Application Materials 3. Mike Ghaffary Application Materials 4. Sharmeen Ahmed Application Materials 5. Gautam Malhotra Application Materials Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 Notice of Current and Pending Vacancies on Town of Tiburon Boards, Commissions & Committees January 2024 The Town is now accepting applications from Tiburon residents interested in serving on the following Town boards, commissions & committees: BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (“THE RANCH”) BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF TRUSTEES BUILDING CODE APPEALS BOARD DESIGN REVIEW BOARD HERITAGE & ARTS COMMISSION PARKS, OPEN SPACE & TRAILS COMMISSION PLANNING COMMISSION Applicants should be residents of the Town of Tiburon and have the time, interest, and desire to serve on the board or commission, including attendance at regular monthly meetings and other activities. The Town Council will begin interviews of interested applicants in February 2024. Current commissioners whose terms are expiring are listed below. Incumbents may seek reappointment to another term. Commissioners who have served terms of less than two years, and noted with an asterisk (*), are eligible for automatic reappointment. Applications can be obtained at www.townoftiburon.org. You may also contact Town Clerk Lea Dilena at ldilena@townoftiburon.org or (415)435-7377 for more information. Application Deadline: February 16, 2024 at 5:00 P.M. TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES ON BOARDS, COMMISSIONS & COMMITTEES JANUARY 2024 BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (“THE RANCH”) Appointee Appointed Term Expires Victoria Gazulis 2022 2/28/2024* BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF TRUSTEES Appointee Appointed Term Expires Larry Drew 2020 6/30/2024 BUILDING CODE APPEALS BOARD Appointee Appointed Term Expires Mark Swanson 2015, 2019 2/28/2024 DESIGN REVIEW BOARD Appointee Appointed Term Expires Bryan Chong 2008, 2012, 2016, 2020 2/28/2024 Suzanne Kim 2017, 2020 2/28/2024 HERITAGE & ARTS COMMISSION Appointee Appointed Term Expires Patricia Ferrin 2020 2/28/2024 Arjun Gupta 2022 2/28/2024 Leonor Noguez 2020 2/28/2024 PARKS, OPEN SPACE & TRAILS COMMISSION Appointee Appointed Term Expires Timothy Burr 2020 2/28/2024 Angela McInerney 2017, 2020 2/28/2024 PLANNING COMMISSION Appointee Appointed Term Expires Jeff Tsai 2017, 2020 2/28/2024 *eligible for automatic reappointment Copies to: The Ark (for publication on 1/17/24 and 1/31/24) and Marin Independent Journal Notice Posted at Tiburon Town Hall EXHIBIT 2 Page 1 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Town of Tiburon Department of Administrative Services 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 www.townoftiburon.org BOARD, COMMISSION, OR COMMITTEE APPLICATION The Town considers appointments to its various boards, commissions, 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 dŽǁŶ needs to know your interest in serving the Town in some capacity. Instructions Please indicate your specific areas of interest and special skills or experience by completing this form and returning it to Town Hall with a resume. /ŶƚĞƌǀŝĞǁƐĂƌĞƐĐŚĞĚƵůĞĚŽŶĂŶĂƐͲŶĞĞĚĞĚďĂƐŝƐ ƉĞƌŝŽĚŝĐĂůůǇƚŚƌŽƵŐŚŽƵƚƚŚĞǇĞĂƌ͘zour application will remain at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Please return this form to: Town of Tiburon Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Applicant Name & Information Full Name: Date: Address: Street Address Apartment/Unit # City State Zip Phone:Email: Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Michael J Shepard 10/16/2023 Tiburon CA 94920 Page 2 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Areas of Interest Please indicate your areas of interest in numerical order: Parks, Open Space & Trails Commission Bel-Tib Joint Recreation Board Disaster Advisory Council Commission on Aging Planning Commission Design Review Board Heritage & Arts Commission Bel-Tib Library Board ĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ Building Code Appeals Board Why did you select your area(s) of interest? What are your applicable qualifications and experiences? 1 2 I selected POST because I live near the Richardson Bay Lineal Park and am in it at least once every day, and many times on most days, often covering the entire length and width of the park, as well as its nooks and crannies. I believe I have a good sense of how it is used and how it could be better used by more people. In addition, I found that I enjoyed participating in the meetings at the Town Hall and in the walking tour of the park, and that I also enjoyed interacting with the town's consultants, who seemed helpful and knowledgeable. As for Design Review, I have been an architecture buff ever since I took an Art Department course in Modern Architecture in college. Although I took many wonderful courses, that one is the one that I appreciate the most because it has had a lasting influence in my appreciation of the homes and buildings around me. Other than the extensive opportunity to observe the park described in answer to the first question and a few bits I recall from urban affairs and urban economics classes in college, I do not claim any special qualifications or experiences in making decisions about parks. What I can provide is the ability and willingness to be a good listener; to come to issues with an open mind and to be willing to be persuaded by others; to discuss issues in a collegial manner; to analyze issues, get to the bottom of them, and identify the facts that need to be gathered and the judgments that need to be made to reach the best decision; to help reach a consensus whenever possible; and to articulate and persuade people of the wisdom of a group's decision once it is reached. I know that the town prefers architects for design review and I am not an architect. I thought seriously about becoming one until I learned that it required a lot of math :) But if you ever need someone who is not an architect and who has done an extensive renovation (that did not require design review), please consider me. EXHIBIT 3 Page 1 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Town of Tiburon Department of Administrative Services 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 www.townoftiburon.org BOARD, COMMISSION, OR COMMITTEE APPLICATION The Town considers appointments to its various boards, commissions, 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 dŽǁŶ needs to know your interest in serving the Town in some capacity. Instructions Please indicate your specific areas of interest and special skills or experience by completing this form and returning it to Town Hall with a resume. /ŶƚĞƌǀŝĞǁƐĂƌĞƐĐŚĞĚƵůĞĚŽŶĂŶĂƐͲŶĞĞĚĞĚďĂƐŝƐ ƉĞƌŝŽĚŝĐĂůůǇƚŚƌŽƵŐŚŽƵƚƚŚĞǇĞĂƌ͘zour application will remain at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Please return this form to: Town of Tiburon Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Applicant Name & Information Full Name: Date: Address: Street Address Apartment/Unit # City State Zip Phone:Email: Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Michael Ghaffary 9/21/2023 Tiburon CA 94920 Page 2 of 2 Form: ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ (rev. 03.2023) Areas of Interest Please indicate your areas of interest in numerical order: Parks, Open Space & Trails Commission Bel-Tib Joint Recreation Board Disaster Advisory Council Commission on Aging Planning Commission Design Review Board Heritage & Arts Commission Bel-Tib Library Board ĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ Building Code Appeals Board Why did you select your area(s) of interest? What are your applicable qualifications and experiences? X I just saw an email saying there was a need for the Parks, Open Space & Trails Commission. It also mentioned that Commission works on Pedestrian and Bicycle safety. I care about all of these areas deeply, and actively encourage any Tiburon residents and families I can to get out to our trails, parks, take walks, ride bikes, etc. I currently serve on multiple boards and was on my first public board (local school board) 25 years ago. I know many people in the town and have a collaborative style working to create positive outcomes for the town. I also personally and am outdoor enthusiasts and between myself and kids am actively surveying and checking in our various parks, trails, open space, and paths, which we are very lucky to have. Experience General Partner Mar 2019 - Present ·4 years 8 months San Francisco Bay Area Canvas is currently investing out of our third fund of $350 million in Series A and Series B stage companies. I focus in particular on marketplaces, commerce, proptech, and food tech. I serve on 5 boards at Canvas, including Flyhomes, Darwin Homes, and ResQ. Prior to Canvas, I invested in: Strava, Faire, CloudKitchens, Superhuman, Optimizely, and a dozen others. At Canvas, we are all former operators/founders, and I spent more than a decade building companies like Yelp, Eat24… Show more Canvas Ventures Board Member and Investor 2019 - Present ·4 years Seattle, WA Reinventing the home buying experience Flyhomes Board Member and Investor 2020 - Present ·3 years Austin, Texas, United States Tech enabled property management Darwin Homes - Property Management 10/17/23, 3:04 PMPage 5 of 15 Board Member and Investor 2021 - Present ·2 years Toronto, Ontario, Canada Restaurant software and marketplace for repairs ResQ Board Member and Investor Nov 2021 - Present ·2 years Boston, Massachusetts, United States OfferFit Investor 2015 - Present ·8 years The fastest email experience ever made Superhuman Investor Nov 2012 - Present ·11 years San Francisco, California, United States Strava Board Member and Investor 2019 - 2020 ·1 year San Francisco, California, United States Reimagining home and auto insurance shopping Gabi 10/17/23, 3:04 PMPage 6 of 15 Yelp 6 years 11 months Angel Investor and Advisor Personal May 2014 - Mar 2019 ·4 years 11 months San Francisco, California Angel investor and advisor to consumer and software companies including: Strava, Superhuman, Faire, Optimizely, Cambly, Padlet, Metromile, Pocket, Philz Coffee, and a handful of other Y Combinator companies. General Partner Aug 2017 - Sep 2018 ·1 year 2 months San Francisco Bay Area VC investing in companies at Series A, B and seed rounds. Series A for HubHaus and Series A for CloudKitchens. Social Capital LP CEO of Yelp Eat24 Feb 2015 - Aug 2017 ·2 years 7 months San Francisco CEO of high growth marketplace for food delivery, operated as a subsidiary of Yelp. First led partnership with company when it was 10 people, led acquisition and asked by founders of Eat24 and Yelp to be CEO. Grew to $700 million annualized gross revenue and 500 employees, scaling teams for product, engineering, sales, support, marketing, and analytics. Vice President of Business and Corporate Development Oct 2010 - Oct 2015 ·5 years 1 month Led partnerships with Apple, Amazon, Samsung, Microsoft, Yahoo, Verizon, BMW, Lexus, Mercedes, and acquired 5 companies including Eat24 10/17/23, 3:04 PMPage 7 of 15 Education Director of Business Development Aug 2009 - Oct 2010 ·1 year 3 months Led partnerships with Facebook and several others. TrialPay Co-Founder and Vice President, Business Development Jul 2007 - Jul 2009 ·2 years 1 month San Francisco Co-founded company (most recently acquired by SiriusXM for $300 million). Initially did product management, fundraising, and led partnerships with: the Wall Street Journal, NPR, CBS, Fox, the Washington Post, AOL, TechCrunch, and several others to stream news and talk on demand on the iPhone, Android, etc. Stitcher Vice President Jul 2006 - Jul 2007 ·1 year 1 month Summit Partners Summer Associate Consultant May 2005 - Aug 2005 ·4 months Boston Consulting Group Writing Software 1999 - 2001 ·2 years MSC Software 10/17/23, 3:04 PMPage 8 of 15 Recommendations received Harvard Business School MBA 2002 - 2006 Harvard Law School JD 2002 - 2006 University of Southern California Bachelor’s Degree ·Computer Science 1998 - 2002 Activities and Societies: Valedictorian of Computer Science Program. Received additional second Bachelor's Degree in Political Science. Monta Vista High School High School ·General Johnson Ma “Mike is one of a rare breed of business development professionals who are able to combine great business intelligence with an innate ability to connect with anyone and everyone. It's always a pleasure to talk with Mike, whether talking about the latest biz dev deal or the latest app he can't live without.” 10/17/23, 3:04 PMPage 9 of 15 EXHIBIT 4 Town of Tiburon Department of Administrative Services 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 www.townoftiburon.org BOARD, COMMISSION, OR COMMITTEE APPLICATION The Town considers appointments to its various boards, commissions, 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 Town needs to know your interest in serving the Town in some capacity. Instructions Please indicate your specific areas of interest and special skills or experience by completing this form and returning it to Town Hall with a resume. Interviews are scheduled on an as-needed basis periodically throughout the year. Your application will remain at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Please return this form to: Town of Tiburon Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Applicant Name & Information Full Name: SHARMEEN AHMED Date: 02/15/2024 Address:TIBURON, CA 94920 Street Address Apartment/Unit # City State Zip Phone: (Email: Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Page 1 of 2 Form: Board, Commission, Committee Application (rev. 03.2023) Areas of Interest Please indicate your areas of interest in numerical order: 1)Parks,Open Space &Trails Commission 2)Bel-Tib Library Board 3)Planning Commission Design Review Bd Why did you select your area(s)of interest? I am interested in the following areas because of my love of nature,humanity,planning and Tiburon;and because of my love for my young daughter,so that I can utilize my skills and experience to serve the town and its community that fosters her growth,and that of other youth in the community. 1)Parks:I dreamed of settling in Tiburon since the first time I set eyes on the town via boat tour over 15 years ago,with its shoreline,open spaces,rolling hills covered in beautiful homes shared with local wildlife,and after finally moving here from many years in San Francisco,I would not live anywhere else in the world.I am interested in serving on this commission to preserve and enhance the community’s accessibility to nature,balancing the needs of the community with the needs of wildlife,ecosystem within Tiburon,and the town’s intent. 2)Library:I have always loved and respected my local public library as it was a pivotal part of my development and a place of new adventure at any age.Especially raising my young daughter in Tiburon,her first visit to a library was for storytime at Bel Tib Library,and two years later,is still a crucial part of her development. 3)Planning Commission:With my legal background,I have a deep appreciation and understanding of the interplay between regulations and harmony within a society and community and the importance of regulations serving the community. What are your applicable qualifications and experiences? I hold a J.D.and LL.M.in International Law,as well as a M.A.and B.S..My educational background provides me with a wide array of analytical,strategic,and legal skills,which are beneficial to a role in any of these three above commissions (1-parks,2-library,3-planning). Board Experience: I serve on the Board of Directors at AKHAN Semiconductor Inc.,a company focusing on more energy efficient,sustainable,diamond based technologies. I also serve on the board of the Del Mar Association,the local neighborhood board for the community of Del Mar,which serves the community in areas of safety,traffic,emergency preparedness,community gatherings,and maintenance of the Del Mar median next to the Del Mar Middle School.It is a neighborhood with a unique geographical position to manage because of its direct accessibility to and border with Blackie’s Pasture and public exposure from the Del Mar Middle School. Law &Community Advocacy: I serve as the Managing Editor of an international legal periodical,the Annual Survey of International &Comparative Law,published with Golden Gate University,School of Law.I hold a fellowship position with the Sompong Sucharitkul Center for Advanced International Legal Studies and have published academic articles on humanitarian issues and economic development in developing countries.I have also engaged in a number of humanitarian and non-profit volunteerism for both local and international communities,including March of Dimes, medical clinics in Bangladesh,and immigration for refugees and victims of domestic violence. Page 2 of 2 Form:Board,Commission,Committee Application (rev.03.2023) SHARMEEN AHMED ▪ Tiburon, CA 94920 ▪ ( Fellow,Sompong Sucharitkul Center for Advanced International Legal Studies,Awarded September 2020 EDUCATION Golden Gate University School of Law, San Francisco, CA LL.M.in International Legal Studies, May 2017 (with Honors) J.D., May 2016 Honors: 2016 Grotius Award for Academic Excellence in International Law, Witkin Awards for Excellence in Legal Writing & Research I and Advanced Legal Research, CALI Award for Excellence in Appellate Advocacy, Dean’s List, Scribes American Society of Legal Writers Award Activities: National Appellate Advocacy Competition 2016 Competitor, Appellate Advocacy Competition Fall 2014 Semi-Finalist, GGU Moot Court Board Member, International Law Society Member San Francisco State University, San Francisco, CA M.A.in International Relations, June 2011 Thesis:Regression Analysis: Effectiveness of Bangladesh’s Economic Diplomacy with China and India Arizona State University,Tempe, AZ B.S.in Political Science, Concentration in International Studies, Minor in Business, May 2007 EXPERIENCE AKHAN Semiconductor Inc., Gurnee, IL Board Member, October 2023 – Present Del Mar Association, Tiburon, CA Board Member, November 2023 – Present Annual Survey of International & Comparative Law, San Francisco, CA Managing Editor, August 2017 – Present Oversaw the entire publishing process for volumes XXI, XXI, XXIII, with current work on XXIV. Drafted preliminary pages and editorials. Edited author articles for content, clarity, strength of argument, and according to legal citation standards (BlueBook). Communicated with the publisher during the publication process from submission to printing. 1 International Institute of the Bay Area,Oakland,CA U-Visa/VAWA Law Intern,March 2018 –April 2020 Assisted with the entire U-Visa self-petition process,including completion of Employment Authorization applications,Fee Waiver applications,and U Nonimmigrant Status Certification applications.Conducted extensive client interviews and declarations for U-Visa, VAWA and political asylum cases.Collected and evaluated evidence for U-Visa and VAWA applications.Prepared immigration forms,using electronic case management systems. Researched Guatemalan country conditions and reviewed senior attorney’s declarations for asylum cases.Searched and aggregated expert witnesses for asylum cases.Prepared Application for Asylum packets for Master Hearings,including cover letters. Liuzzi,Murphy,Solomon,Aikins,Hale,San Francisco,CA Legal Extern,August 2014 –December 2014 Investigated and drafted legal memoranda for plaintiff ’s personal injury cases.Drafted demand letters for premise liability,products liability and negligence cases.Drafted complaints,pleadings,causes of action.Interviewed personal injury victims who dealt with physical injuries and emotional trauma.Analyzed case files and mediation sessions. Al-Rajhi Hospital Ltd.,Dhaka,Bangladesh Volunteer,December 2004 –January 2005,January 2011 Evaluated hospital procedures for patient admittance and resource allocation. Collected case information from patients to improve patient care procedures. Assisted with chart inputs and observed vitals. March of Dimes,Phoenix,AZ Events Committee Member,July 2006 –December 2006 Planned major annual fundraising events,including a silent auction that raised $80,000.Researched and established relationships with vendors and the local community to obtain event donations. Volunteer Lawyers Program of Maricopa County,Phoenix,AZ Student Intern,July 2005 –November 2005 Interviewed clients and potential clients dealing with sensitive and emotional family law issues.Analyzed client meetings with attorneys.Researched civil law cases.Counseled clients prior to civil litigation. PUBLICATIONS Accountability of International NGOs:Human Rights Violations in Healthcare Provision in Developing Countries and the Effectiveness of Current Measures,22 ANN.SURV.INT’L &COMP.L.33,33–71 (2017). 2 EXHIBIT 5 +!, !#-ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ2#'.69.86893 #" "#% %! $%#%'#'$ 7;6;&#! !&'# &#! ,!# =:=86 2:7;3 :9;1<9<9 (((.%!( !%&#! .!# ' ' !( ! $#$""! % %$%!%$'#!&$!#$,!$$! $, !%%$%#!&!&%% *#&%!%#)"#%! $ & !#$ ' $. %$!#%%!#! "#%"%! *! #$ %$ &#! /$!!'# %"#!$$ %'%$,%dŽǁŶ $%! !(*!&# %#$% $#' %!( $!"%*. $%#&%! $ $ %*!&#$"#$! %#$% $"$$!#)"# *!"% %$!# #%&# %%!!( (%#$&./ŶƚĞƌǀŝĞǁƐĂƌĞƐĐŚĞĚƵůĞĚŽŶĂŶĂƐͲŶĞĞĚĞĚďĂƐŝƐ ƉĞƌŝŽĚŝĐĂůůǇƚŚƌŽƵŐŚŽƵƚƚŚĞǇĞĂƌ͘z!&#""%! (# %!( !#"#!!! 273*#. *!&!#*!&#( $$%!$#'%&#! !& %*. $#%&# %$!#%!-!( !&#! &#! !( # 7;6;&#! !&'# &#! ,=:=86 ! *! &-%- #$$- %#%#$$"#% %0 %5 %*%% " ! -- " " !-&%%""%! %#$! $%%&%"&#!# *"&+$"#% !!( !& % %#$. Gautam Malhotra 2/15/2024 Tiburon CA 94920 ,!, !#-ŽĂƌĚ͕ŽŵŵŝƐƐŝŽŶ͕ŽŵŵŝƚƚĞĞƉƉůŝĐĂƚŝŽŶ2#'.69.86893 ! ! $ %*!&##$! %#$% &#!##- #$, " "4#$!$$! 1 ! %#%! !# $$%#'$!#*!& !$$! ! !$$! $ '(!# #%4#%$!$$! 1##*!# ĨĨŽƌĚĂďůĞ,ŽƵƐŝŶŐ & !""$!# %%" !%"( )! !& !%""! $ & 1 I initially submissed an application for the open POST seat last Fall. I am now reapplying for POST. I am aware that the current members are seeking renewal. With that, I am applying with the intention to convey my continued interest in POST and more importantly, in getting involved in local government more broadly. I hope this is seen as one more step of me expressing my interest when considering future commission vacancies. As stated in my Fall application, my reasons for applying to POST are as follows: (1) With children, ages 2 and 4, I view the work of preserving and improving our beautiful POSTs as very impactful to me, personally. (2) I believe my professional experience gives me a data-driven, strategic, and thoughtful approach to problem solving will add value in helping the committee make recommendations that are rationale, principled and consider the needs of all our town’s stakeholders. As stated in my Fall application: Professionally, I’ve been a product leader in tech (Intuit, Faire) for the past 8 years. My profession requires (1) deeply understanding a problem by speaking to customers and collecting all facts (2) collaborating with a very diverse set of stakeholders and (3) users principles to make decisions. I believe this experience will serve me well on the POST commission. For 3 years, I was also on the leadership council for Upwardly Global, a NGO that helps legal immigrant professionals (doctors, lawyers, etc) get jobs in the US that better match their education and experience. This involved training individuals (resume review, interview prep), building partnerships with large companies, and fundraising. This experience required working with different stakeholders to deliver better outcomes for our community; I believe this will serve me well in this role. TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk 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 has been vacant since 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. In 2024, the second February meeting was cancelled, so the item is coming before the Council tonight. 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 March 6, 2024 Agenda Item: AI-2 Town Council Meeting March 6, 2024 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 From:Tina Paikeday To:Town Subject:Diversity Inclusion Task Force Chair Date:Sunday, March 3, 2024 10:59:58 AM Dear All, I would like to support Holli Their, the current Diversity Inclusion Task Force Chair, to continue to serve in this capacity for another term. Under her leadership, the task force has been successful in engaging the diverse community of Tiburon through multi-year cultural celebrations including Juneteenth, Diwali, and Nowruz. The DITF has plans to garner this community engagement to solicit a diverse group of town members to serve on town commissions that serve the broader community. This is an important component of the DITF Strategic Plan against which the at-large members of the DITF are beginning to execute. At a time when DEI has come under siege in many parts of the country, I am proud that Tiburon continues to be a leader not only in Marin but also across the country. It requires a committed and courageous leader like Holli to make this kind of progress. I appreciate your consideration of my vote of support. My very best, Tina Shah Paikeday Diversity Inclusion Task Force At Large Member From:Ruben Kalra To:Lea Dilena Subject:Tonight"s meeting correspondence Date:Wednesday, March 6, 2024 11:08:04 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Holli Thier has been a terrific chair for the Diversity Inclusion Task Force. I would like to offer my support for her to continue to engage as Chairperson as we move forward with integrating diversity and inclusion into the strategic plan. We have made some good progress so far that the entire team should be proud of. Holli has been at the helm, leading the way with an unwavering commitment to building an even better Tiburon. We would be fortunate to have her continue as Chair of the Diversity Inclusion Task Force. Appreciative -Ruben Ruben Kalra Tiburon DITF TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Recommendation from the Diversity Inclusion Task Force (DITF) to Approve an $8,000 Expenditure in Fiscal Year 2024 for a DITF Sponsored Event Focused on Asian American and Pacific Islander Heritage Month and Approve a Fiscal Year 2024 Budget Amendment in the Amount of $6,806 to Cover the Cost of the Event. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY As recommended by the Diversity Inclusion Task Force (DITF) at their February 7, 2024 Special Meeting, the Town Council will consider approving an $8,000 expenditure from the Fiscal Year 2024 (Current FY) Budget to cover expenses related to a proposed Asian American and Pacific Islander Heritage Month Celebration, and approve an associated Fiscal Year 2024 Budget Amendment in the Amount of $6,806 to cover the expense. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Approve an $8,000.00 expenditure from the Fiscal Year 2024 Operating Budget to cover costs for the 2024 Asian American and Pacific Islander Heritage Month Celebration, and 2. Approve a Fiscal Year 2024 Budget Amendment, increasing appropriations in the amount of $6,806, with the source of funds being General Fund Operating Reserves (Fund 101). BACKGROUND On February 7, 2024, the Diversity Inclusion Task Force received a presentation from Anne Marie Siu Yuan on a proposed event to celebrate Asian American and Pacific Islander Heritage Month. The proposed event would be held at Zelinsky Park adjacent to Town Hall and the Library, and would take place on May 18, 2024. After receiving the presentation and discussing the proposal, the DITF voted unanimously to recommend the Council approve $8,000 in FY24 expenditures for the event. A copy of the event proposal is attached as Exhibit 1. ANALYSIS No further analysis is provided. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 6, 2024 Agenda Item: AI-3 Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 2 OF 2 FINANCIAL IMPACT The adopted Fiscal Year 24 Budget included $20,000 in funding for the DITF, with year to date expenditures totaling $18,806, leaving a total of $1,194 in available funds. Therefore, if Council approves the $8,000 funding request, Council should also consider approving a Fiscal Year 2024 Budget Amendment in the amount of $6,806 to cover the shortfall. Staff recommends the source of funds for the Budget Amendment be General Fund operating Reserves (Fund 101). Staff currently estimates the balance in Fund 101 at the end of FY24 (June 30, 2024) will be approximately $6.64M, reduced by the amount of any approved Budget Amendment. Town Policy commits the Town to maintaining, at minimum, General Fund Reserves equal to 25% of the annual Operating Budget. For Fiscal Year 2024, the Towns Operating Budget (adjusted to remove the Library pass through payments) equals approximately $14M. As a result, pursuant to the Reserve Policy, the minimum amount of General Fund Operating Reserves would be approximately $3.5M. 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. Approve an $8,000.00 expenditure from the Fiscal Year 2024 Operating Budget to cover costs for the 2024 Asian American and Pacific Islander Heritage Month Celebration, and 2. Approve a Fiscal Year 2024 Budget Amendment, increasing appropriations in the amount of $6,806, with the source of funds being General Fund Operating Reserves (Fund 101) Exhibit(s): 1. Asian-Pacific Heritage Event Proposal Prepared By: Greg Chanis, Town Manager EXHIBIT 1 Proposal for: Asian American and Pacific Islander Heritage Month Celebration Submitted by: Albert Yu and Anne Marie Siu Yuan Description The Asian American and Pacific Islander Heritage Month celebration will feature Bay Area dancers, musicians, and other artists showcasing various Asian arts and traditions. These would include - Lion Dancers from the Marin Chinese Cultural Association, - Kung Fu demonstrations by students from San Rafael Martial Arts, - musician QQJin on the Guzheng, - local Taiwanese DJ Yuka Yu, - Hawaiian dancers from Halau Hula Na Pua O Ka La'akea, - Origami artist, Linda Mihara from Paper Tree helping kids to make paper dragon boats, - The Angel Island Immigration Station Foundation (AIISF), - Asian cuisine, no alcohol. This would take place on Saturday May 4th or May 18th, from 2-4 pm (Asian American and Pacific Islander Heritage Month is May), at Zelinsky Park. We have included a letter of support from AIISF. Note that AIISF can only commit to May 18th. We have recruited Felicia Lowe, filmmaker & Marin resident, to emcee the event. We have contacted the Tiburon Chamber of Commerce and spoken with DeAnn Biss who has volunteered her 6 beer hall tables, 12 benches, and a metal container for drinks. We have also contacted Crystal Duran from the Belvedere Tiburon Library about using her tables and chairs and facilities in support of this event at Zelinsky Park. We would like to ask the council to arrange for the city to have Mill Valley Refuse provide bins for recycling, garbage, and compost. We estimate attendance at about 200. According to the World Population review, 7.4% of Tiburon residents are Asian. This event would not only give an opportunity for local Asian residents to celebrate, but also introduce Asian culture and customs to the entire community. Objectives & Outcomes OBJECTIVE OUTCOME Make Asian residents in Tiburon feel welcome, recognized, and part of the community. Asian residents will feel recognized with the celebration of their heritage and customs in TIburon. Introduce Asian music, dance, and arts like origami to the Tiburon community. Local residents will be exposed to Asian music, dance, and arts like origami. Educate the community about the upcoming Dragon Boat Festival and its traditions. Participants will be educated and entertained and will have the opportunity to make paper dragon boats. Increase awareness for Angel Island, The Angel Island Immigration Station, and the Angel Island Ferry. More people will want to visit Angel Island and the number of ferry passengers will increase. Attract more people to downtown Tiburon and support local businesses. More people will be downtown to spend at local businesses. Timeline Date Description March 15th Confirm program with all performers March 30th Publicity – Have flyers, articles for publication ready April 30th Recruit volunteers for the event, purchase supplies, order food May 6th Finalize all details May 18th Event Budget Description Est Budget Marin Chinese Cultural Association (Lion Dancers) $ 200 San Rafael Martial Arts (Kung Fu) $ 300 musician QQJin (Guzheng) & DJ Yuka Yu $1,500 Halau Hula Na Pua O Ka La'akea (Hawaiian dancers) $ 300 Linda Mihara from Paper Tree (origami artist) $ 400 Felicity Lowe (Emcee ) $ 500 Food, drinks, ice $2,500 Supplies (Plates, forks, tablecloths etc) $ 300 Rentals (tables, chairs) $1,000 Decorations $ 300 Flyers, banner $ 300 Ads $ 300 Photographer $ Insurance $ TOTAL $7,900 Contact Information Albert Yu albert.b.yu@gmail.com 707 304 2723 Anne Marie Siu Yuan asiuyuan@hotmail.com 415 350-2537 870 Market Street, Suite 901, San Francisco, CA 94102 415-658-7691 (office) info@aiisf.org www.aiisf.org February 6, 2024 Tiburon Diversity and Inclusion Taskforce Tiburon Town Council 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Members of the Tiburon Diversity and Inclusion Taskforce and Members of the Tiburon Town Council, I am writing to express the support of the Angel Island Immigration Station Foundation (AIISF) for the proposal by Albert Yu and Anne Marie Siu Yuan for an Asian American and Pacific Islander (AAPI) Month event. Especially given the rise in anti-Asian sentiment and xenophobia in recent years, it is even more important to take opportunities to recognize and celebrate to promote the inclusion and recognition of AAPI communities in Tiburon, California, and the US. AIISF is the primary nonprofit organization working in collaboration with the California Department of Parks and Recreation to preserve the buildings at the former US Immigration Station at Angel Island State Park. During the years that the station was open from 1910-1940, the site was used to detain, interrogate, and process over 500,000 persons from 80 different countries. Most of these immigrants were from Asian and Pacific countries and were held at Angel Island due to the nation’s exclusionary immigration policies. Now designated as a California Historic Landmark and as a National Heritage Site, the buildings of the former Immigration Station hold an important and esteemed place in the hearts and minds of hundreds of thousands of Bay Area, California, and US immigrants and their descendants. Angel Island Immigration Station is a living landmark that symbolizes diverse experiences of detention, racism, exclusion, hope, and determination. Tiburon’s position is a primary ferry access point to Angel Island and the former immigration station. If approved, AIISF plans to actively participate in the event to help ensure that more Tiburon residents are aware of this chapter in local, state, and national history and are inspired to visit the site. With appreciation for your consideration and leadership, Edward Tepporn Executive Director Angel Island Immigration Station Foundation TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Request by Tiburon Peninsula Chamber of Commerce to Approve Installation of a Downtown Informational Kiosk, and Approve a $17,529 Financial Contribution to the Project, With the Source of Funds Being American Rescue Plan Funds Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Per a request by the Tiburon Peninsula Chamber of Commerce, the Council is considering approval of the installation of an informational kiosk located in Town Right-of-Way on the sidewalk area near the corner of Tiburon Boulevard and Main Street. In addition, Council is considering a request to approve a $17,529 financial contribution towards the project, with the source of funds being American Rescue Plan funds. RECOMMENDED ACTION(S) Staff recommends Town Council: 1. Approve the installation of a new informational kiosk as proposed by the Tiburon Peninsula Chamber of Commerce, and 2. Approve a $17,529 donation to the project, with the source of funds for the donation coming from the Towns remaining American Rescue Plan allocation, or 3. If the Council is not prepared to make a decision at this time, direct staff as to what additional information is needed for Council to discuss the matter at a future meeting, or 4. Deny the request. BACKGROUND For many years, the Town has maintained a permanent informational signage structure on the sidewalk area near the corner of Main Street and Tiburon Boulevard. Information on the structure is currently out of date and the structure itself is showing signs of wear and age. The Tiburon Peninsula Chamber of Commerce has identified a new kiosk type structure they believe would be appropriate for the site and provide great benefit to visitors of Tiburon. A presentation on the proposed kiosk is attached as Exhibit 1. Per the presentation, the Chamber estimates the total cost of the project at $22,529, and they are seeking a $5,000 donation towards the project from the Tiburon Peninsula Foundation. Tonight, the Council is considering a request to approve the installation of the proposed kiosk and provide the remainder of the required funding, or $17,529, with the Chamber proposing, if approved, TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 6, 2024 Agenda Item: AI-4 Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 2 OF 3 funding for the donation would come from the Town’s remaining American Rescue Plan allocation. ANALYSIS A representative of the Chamber will be present at the Council meeting to provide a presentation on the project. FINANCIAL IMPACT The Town’s allocation from ARP funds is $2,173,086. Prior to today’s meeting, the Council has authorized the following expenditures from this allocation. • Completion of a Broadband Strategic Plan - $93,450 • Contribution to The Ranch - $54,880 • Contribution to County led homelessness initiative - $40,270 • Subsidy to support a Pilot Late Night Ferry Program capped at $298,000 • Contributions to the Tiburon Peninsula Chamber of Commerce and Destination Tiburon totaling - $103,736 • Purchase and initial grading of RBSD Ponds Site - $800,000 • Phase 1 Broadband Design - $150,000 • Sea Level Rise Consulting - $100,000 • Parks Master Plan Process - $315,478 • Chamber Median Welcome Sign - $13,365 • 2023 Employee Incentive Payment - $38,000 The amount of ARP funds already committed by the Council totals $2,107,179, which leaves $65,907 in unallocated funds. However, several projects funded by allocations are now complete and their final cost came in less than the allocated amounts, resulting in savings of $60,984. This results in a total of $126,891 available for allocation. 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). Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 3 OF 3 RECOMMENDATION Staff recommends that the Town Council: 1. Approve the installation of a new informational kiosk as proposed by the Tiburon Peninsula Chamber of Commerce, and 2. Approve a $17,529 donation to the project, with the source of funds for the donation coming from the Towns remaining American Rescue Plan allocation, or 3. If the Council is not prepared to make a decision at this time, direct staff as to what additional information is needed for Council to discuss the matter at a future meeting, or 4. Deny the request. Exhibit(s): 1. Chamber Kiosk Presentation Prepared By: Greg Chanis, Town Manager EXHIBIT 1 Downtown Kiosk Presentation to Tiburon Town Council March 6, 2024 Deﬁnition of Opportunity •Gateway to Downtown •Existing Kiosk Not Readily Seen •Important to Provide Directional Signage to Local Businesses •Easy to Communicate, Update and Swap Out Information •Opportunity to Create New Downtown Merchant Map with Input from Stakeholders •Orient Visitors Visually to Peninsula Existing Kiosk Layout and Information Key Features of Proposed Kiosk •36” x 36” x 86” •Carved Header Plaques - Town of Tiburon, Chamber, Tiburon Peninsula Foundation •Four 24”x 34” Poster Cabinets •Painted to historic color of choice •Electrical already in place to site •Speciﬁcally designed to both stand out and blend in to our historic town charm Cost •Kiosk $22,529 •New Map Design $3,547.50 includes map for kiosk, digital version and handout/ printed version •Chamber will be responsible for this $3,547.50 cost and ongoing maintenance of the map •The Chamber has submitted a $5,000 grant request to the Tiburon Peninsula Foundation •Chamber requesting Town of Tiburon pay for balance of cost = $17,529 using American Rescue Plan Act of 2021 Funds From:Kimberly McGrath To:Town Cc:DeAnn Biss Subject:Support for new downtown kiosk Date:Monday, March 4, 2024 10:47:26 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Town Council, I am writing in support of the idea of a new downtown kiosk. I appreciate that the kiosk matches the personality of the town and will blend in while still providing clarity and visibility for many that are looking to learn about Tiburon. I also appreciate the location as I believe it will help to keep the community informed about local events. Thank you for your consideration and all of your hard work and dedication, Dr. Kimberly McGrathSuperintendentReed Union School District"We are even stronger together!" From:Deb Fass To:Town Subject:Kiosk Support from The Bungalow Kitchen Date:Monday, March 4, 2024 3:40:32 PM Some people who received this message don't often get email from deb@thebungalow.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tiburon Town Council, I am writing to express my enthusiastic support for the proposal to introduce a new and improved kiosk in the heart of Downtown Tiburon. The introduction of this kiosk promises to significantly enhance our community in multiple ways. First and foremost, it will serve as a focal point, offering residents and visitors alike a convenient one-stop destination to discover our local businesses and immerse themselves in the unique charm of Tiburon. Its prominent location will undoubtedly increase foot traffic, benefiting our local merchants and enhancing the vibrancy of Downtown Tiburon. Additionally, the promise of an improved merchant map is particularly exciting. Accurate representation of landmarks and businesses on the Tiburon Peninsula will not only make navigation easier for visitors but also foster a stronger sense of community among our residents. Moreover, the kiosk's role as a central hub for local event information will undoubtedly enrich the cultural experience of our town. Whether it's highlighting upcoming festivals, special events, or community gatherings, having this resource readily available will contribute to a more connected and engaged community. Lastly, I appreciate the commitment to maintaining the aesthetic integrity of Downtown and ensuring that the design of the kiosk aligns with Tiburon's charm and character. On behalf of the entire Bungalow Kitchen team, I wholeheartedly endorse the installation of this new kiosk and believe it will be a valuable asset that enhances the Tiburon experience for all residents and visitors alike. Sincerely, Deb Fass CMO Bungalow Hospitality Group – The Bungalow Kitchen The Caprice | 2000 Paradise Drive | Tiburon March 5th, 2024 TIBURON TOWN COUNCIL 1505 TIBURON BLVD | TIBURON, CA 94920 To Whom It May Concern, This letter is in support of the new Kiosk, which is to be proposed by the Tiburon Chamber of Commerce. We feel the existing kiosk does not provide enough visibility to visitors for surrounding businesses, namely The Caprice. It also does not represent the Town of Tiburon in an aesthetically pleasing fashion. The proposed kiosk is much more pleasing to view and will be easier to decipher. It will serve as an attraction and better direct guests towards their destination. This kiosk will provide a more professional representation of the Town of Tiburon. Tiburon offers many attractions which are outside of the Main Street. Several of the interesting businesses (shops, restaurants) and historical landmarks are not easily visible or familiar to visitors. The Caprice does not experience the same amount of exposure as Main Street restaurants, due to our location. Therefore, we gladly support the more visible and discernable kiosk. SINCERELY, JENNIFER DAL BOZZO From:Natale Servino To:Town Subject:Letter of Support for New Kiosk Date:Tuesday, March 5, 2024 7:17:11 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. Town Council, I am writing in support of the proposed Kiosk at the corner of Main Street & Tiburon Blvd. The Kiosk will result in: (1) A markedly more visible one stop shop for residents & visitors to find our local businesses and learn about Tiburon (2) An improved merchant map that accurately depicts landmarks and businesses on the Tiburon Peninsula (3) A central downtown location to provide ongoing local event information (4) A structure that is in line with our town's charm and character Thank you for considering the proposal. Best regards, Natale Servino 415-233-1727 From:Jeff Hadley To:Town Subject:Support for Downtown Kiosk Date:Tuesday, March 5, 2024 3:31:15 PM Some people who received this message don't often get email from jeff@hadleyconstruction.com. Learn why thisis 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. To whom it may concern, As a member of the Tiburon Chamber of Commerce, I support the proposal for a new Kiosk as outlined by our Executive Director, DeAnn Biss. I think the additional information close to the ferry would be beneficial to downtown Tiburon and the local businesses. It would be a great way for them to gain exposure. I also spoke to the manufacturer with DeAnn and Patrick Kerslake, and although I cannot standby or guarantee the accuracy of the information, from what we heard it seems to be a well-built unit that should have relatively low ongoing maintenance costs. Please let me know if I can be of greater assistance. Thank you, Jeff Hadley From:Ruth Livingston To:Town Cc:DeAnn Biss Subject:New and improved Kiosk Date:Wednesday, March 6, 2024 12:54:58 PM Some people who received this message don't often get email from ruth@ruthlivingston.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town of Tiburon Council members, I am in full support of the construction of the new information kiosk in downtown Tiburon. Thank you for your support of local business! Ruth RuthLivingston.com 74 Main St. Tiburon, CA 94920 (415) 435-5264 From:Kathryn Servino To:Town Cc:"DeAnn Biss" Subject:Updated Kiosk Date:Wednesday, March 6, 2024 1:42:28 PM Some people who received this message don't often get email from krservino@comcast.net. Learn why this isimportant CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I am writing in support of the proposed updated kiosk for downtown Tiburon. The new design is handsome and in harmony with the character of the architecture on Main Street. Having operated Caffe Acri for many years, we would like to emphasize the need for better signage for the public bathrooms. Both the kiosk and more visible street signage for public bathrooms are very important. We get many inquiries for the ferry schedule and people ask where to buy ferry tickets. Those questions as well as asking where to find a grocery store should be addressed on the kiosk. Thank you. Kind regards, Kathryn Servino From:Brittany Haning To:Town Cc:brittany@angelisland.org Subject:Support for New Downtown Kiosk | Business Owner, Angel Island Officer, Homeowner Date:Wednesday, March 6, 2024 3:40:55 PM Attachments:image001.png Some people who received this message don't often get email from brittany@m2mcomms.com. Learn why this isimportant 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, Tiburon Town Council members – I am reaching out as an Ark Row business owner, an Angel Island Conservancy board officer and a Corinthian Island homeowner in support of a new kiosk in downtown Tiburon. The proposed design will improve navigation for residents and visitors, helping them to better assess their options for dining, shopping, recreation, entertainment and professional services. The location of the kiosk is ideal for directing viewers to lesser-known Tiburon destinations outside the immediate lower Main Street vicinity. Upper-Ark-Row businesses including Fiorla and Servino – plus more distant destinations, including the Caprice and Jane/Marin – will benefit immensely from the increased visibility that the kiosk provides. I look forward to welcoming the new kiosk as Tiburon’s newest navigation tool; I’m confident it will encourage our neighbors and visitors to spend more time and money within the Town of Tiburon and help our businesses thrive. Thank you so much for your consideration, Brittany Haning Note: I regret that I will not be able to express my support in person as the Tiburon Town Council meeting conflicts with this evening’s Angel Island Conservancy board meeting. Please accept this note as my expression of support, in my absence. Brittany Haning Made to Measure Communications, Inc. Phone: +1-415-889-5677 Email: brittany@m2mcomms.com 122 Main Street Tiburon, CA 94920 www.m2mcomms.com TOWN OF TIBURON PAGE 1 OF 6 4868-4236-9637 v1 STAFF REPORT To: Mayor and Members of Town Council From: Community Development Department Subject: Public hearing to consider a recommendation from the Planning Commission to amend Chapter 16 (Zoning) of Title IV of the Tiburon Municipal Code including Sections 16-23.020 (Allowable land uses and permit requirements) and 16-32.040 (Number of parking spaces required) and an amendment to amend Title V (Public Works) to add a new Chapter 19B (Sidewalk Dining) to adopt standards for use of the public sidewalk for outdoor dining by adjacent food and beverage service uses. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider adoptions of revisions to the Municipal Code creating standards for use of the public sidewalk for outdoor dining by adjacent food and beverage service uses. RECOMMENDED ACTIONS Staff recommends the Town Council: 1. Move to read by title only and introduce the ordinance (Exhibit 1) waiving further reading. 2. Hold a roll call vote on the ordinance introduction. 3. Consider directing staff to return at a subsequent meeting with an amendment to the adopted fee schedule to establish a rental rate for use of the public right-of-way for sidewalk dining installations. BACKGROUND Under current regulations a restaurant wishing to use a portion of the public sidewalk for outdoor dining is required to obtain an amendment to the restaurant’s Use Permit subject to approval by the Planning Commission and both an encroachment permit and a right-of-way agreement issued by the Town Engineer. To facilitate outdoor dining during the pandemic the Town Council passed a resolution on June 3, 2020 which authorized the Town Manager to issue Outdoor Activities Agreements for outdoor dining which met social distancing requirements and suspended the code requirements to obtain encroachment permits, right-of-way agreements or Use Permits. Six Outdoor Activities Agreements were authorized and are currently in effect, all on Main Street (Waypoint Pizza, Squalo Vino, The Caviar Company, Salt and Pepper, Luna Blu and Caffe Acri). The Council resolution indicates that the authority to issue Outdoor Activities Agreements was intended to TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 6, 2024 Agenda Item: PH-1 Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 2 OF 6 4868-4236-9637 v1 terminate when the COVID-19 state of emergency expired. The Agreements issued also indicate that conferred no vested or ongoing rights were conferred and that improvements are to be removed upon expiration of the Agreement. A seventh restaurant has sidewalk dining that was authorized by the Use Permit for Petite Left Bank at 1696 Tiburon Boulevard. In order to facilitate on-going use of the public sidewalk for outdoor dining facilities, the Town proposes to adopt standards for such installations. Online meetings were held with several restauranteurs and the Chamber of Commerce on December 19, 2023 and February 27, 2024 to discuss optional standards and receive feedback. Attendees suggested that electric heaters should not be mandated due to poor electrical service and that planters should be allowed as safety partitions. They also suggested that more Town-installed bicycle racks would be helpful to keep bicycles from being secured to sidewalk dining partitions or railings. The Planning Commission held a public hearing to consider proposed amendments to the Zoning Code on February 28, 2024, recommending that the Town Council adopt the two amendments (Exhibit 2) and provided feedback on the proposed regulations in Chapter 19B of Title V (Public Works) which are summarized below. Staff notes the attachment to the Planning Commission resolution (Exhibit 2) has been removed because a copy of the ordinance is already attached to this report as Exhibit 1. The Planning Commission agenda materials, and public correspondence, are available here: https://townoftiburon.granicus.com/GeneratedAgendaViewer.php?view_id=5&clip_id=1154 ANALYSIS Policy DT-14 (Gathering Places) of the recently adopted General Plan 2040 states, “Encourage retail storefronts, cultural destinations, and active outdoor spaces for community gathering, such as sidewalk cafes, in order to make walking Downtown a stimulating and enjoyable activity.” Main Street is well suited for outdoor dining due to the number of restaurants, pleasant climate, pedestrian ambiance, and narrow two-way vehicular travel lanes. The sidewalk width between the curb and building faces varies from 8.5 feet to 14 feet. Because there is no curbside parking on Main Street, all outdoor dining must occur on the public sidewalk and not in “parklets” which repurpose parking spaces for outdoor dining. Subsequent to the pandemic many cities have adopted standards for outdoor dining. Many of these relate to the challenging design and policy questions associated with parklets. Standards for sidewalk dining are more straightforward. A summary of various ordinances is attached as Exhibit 3. Proposed Regulations Municipal Code Amendments The proposed Municipal Code amendments include revisions to the Zoning Code (Chapter 16 of Title IV) and to Title V (Public Works). The Zoning Code revisions proposed to Section 16-23.020 (Allowable land uses and permit requirements) would include adding sidewalk dining associated with an authorized food and beverage use as a permitted use in the MS (Main Street) and MU (Mixed Use) zoning districts. Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 3 OF 6 4868-4236-9637 v1 Amendments to Section 16-32.040 (Number of required parking spaces) would clarify that no additional parking is required for food or beverage uses for a sidewalk dining area associated with a permitted food and beverage use. Most of the proposed sidewalk dining regulations would be located in a new Chapter 19B (Sidewalk dining) in Title V (Public Works). State law and Chapter 16-68 of the Municipal Code require that the Planning Commission consider amendments to the Zoning Code and make recommendations to the Town Council. There is no such requirement for Planning Commission review of Municipal Code amendments to other titles and chapters. In the case of the proposed sidewalk dining regulations, the attached draft Planning Commission resolution addresses adoption of the Zoning Code amendments only. However, since sidewalk use regulations relate to land use issues which are within the purview of the Planning Commission, staff requested that the Planning Commission provide feedback on the proposed Title V amendments discussed below. Applicability The proposed sidewalk dining regulations would apply only to use of the public sidewalk area adjacent to a ground-floor a permitted eating and drinking facility. There is a provision for the business to use the sidewalk area in front of an adjacent business with written consent from the adjacent business and owner of the property for the adjacent business. The regulations would not apply to outdoor dining facilities on private property which would be considered as part of the eating and drinking facility’s Use Permit. Approval Process Sidewalk dining facilities would require approval of an Encroachment Permit and a Right-of-Way Agreement by the Town Manager or their Designee. The permit and agreement would identify the allowed improvements, required unobstructed path of pedestrian travel, utility connections, insurance and indemnification requirements and termination provisions. No modification to the eating and drinking facility’s Use Permit would be necessary, unless the serving of alcoholic beverages is proposed which was not previously authorized for the indoor eating and drinking facility or if outdoor entertainment is proposed. As noted above, approval of outdoor dining facilities on private property would continue to be regulated via a Use Permit modification or as part of the initial Use Permit for the eating and drinking facility. Neither an Encroachment Permit for a Right-of-Way Agreement would be necessary since the use would occur on private property. However, the proposed Sidewalk Dining regulations could be used as criteria for consideration as part of the Use Permit process for outdoor dining on private property. Proposed Facility Standards Use restrictions:  As noted above, outdoor dining would be limited to use of sidewalk area immediately adjacent to the business frontage unless authorized to be extended in front of an adjacent business with that business and property owner’s concurrence.  Outdoor entertainment or amplified music would be precluded unless authorized by amendment to the business’s Use Permit. Outdoor cooking would also be prohibited.  Sale of alcoholic beverages would only be allowed if authorized by the business’s Use Permit and in conformance with all requirements of the Department of Alcoholic Beverage Control. Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 4 OF 6 4868-4236-9637 v1  No additional parking would be required for outdoor sidewalk seating. Section 16-32.040 (Number of parking spaces required) would also be amended to clarify that sidewalk seating would not be included in required parking computations.  The outdoor area would be required to be maintained at all times and all litter and beverage/food material removed from the sidewalk. The Town contracts for regular steam cleaning of the sidewalk areas. Furnishings within the outdoor dining area shall be temporarily removed from the sidewalk prior to when Town-scheduled cleaning occurs. Fixtures:  All furnishings and fixtures must maintain: − An unobstructed pedestrian travel aisle of at least 48 inches and comply with all requirements of the ADA, − A setback of at least 2 feet from the street curb unless separated by a physical barrier of at least 3-feet tall between the curb and fixtures/furnishings, − A setback of at least 10 feet from driveways or street corners, and − Must not impede a bus stop or loading zone.  Sunshades may consist of retractable awnings and moveable umbrellas, but not permanent roofs or shelters, and must have a minimum clearance of 7 feet, be located within the boundaries of the dining area, and have a stable base.  Permanent safety barriers may be authorized and installed parallel to the curb to provide a safe separation of furnishings from the street curb if the minimum 2-foot setback from the street curb is not met. A uniform design standard, such as black tubular metal railing, will be selected by the Town to create a uniform appearance where such barriers are installed. The sidewalk must be restored when the barrier is removed in a manner satisfactory to the Town Manager or their Designee.  Landscape planters may be located within the authorized sidewalk dining area provided they are a minimum height of 3 feet and maximum height of 4 feet, including landscaping, and all minimum setbacks and clearances are met.  Space heaters must be located a minimum of 3 feet from combustible materials and located within the boundaries of the dining area.  Water misters are prohibited.  Electrical connections must occur from the business’s meter. Electrical cords are not allowed across the surface of the dining area but may be suspended at least 8 feet above the sidewalk, in compliance with provisions of the building code.  Business signage and logos may not be affixed to any fixtures. Findings The Town Council may approve amendments to the Zoning Code if the following findings can be made: 1. The change of zone, change of zone boundaries, or other proposed amendment, is consistent with the requirements herein. The proposed amendments to the zoning regulations are town-initiated in order to provide opportunities for outdoor dining on the public sidewalk by including the addition of sidewalk Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 5 OF 6 4868-4236-9637 v1 dining as a permitted use in the Main Street and Mixed Use zoning districts and exempting the use of such space from parking requirements. 2. The change of zone, change of zone boundaries, or other proposed amendment, is consistent with the general plan and any other applicable plans of the town. The proposed amendments to the zoning code are consistent with Policy DT-14 (Gathering Places) of the Tiburon General Plan 2040 which states, “Encourage retail storefronts, cultural destinations, and active outdoor spaces for community gathering, such as sidewalk cafes, in order to make walking Downtown a stimulating and enjoyable activity.” By streamlining the approval process and adopting design standards for sidewalk dining areas the Town will encourage the use of outdoor spaces which enliven the public realm and support the success of local businesses. 3. The change of zone, change of zone boundaries, or other proposed amendment, will not be detrimental to the public health, safety, or welfare of the town. The proposed zoning amendments facilitate sidewalk dining which is a popular use within Downtown Tiburon and supports a successful business community. Associated standards for sidewalk dining are proposed to be included in Title V (Public Works) of the Municipal Code which maintain a sufficiently wide path of travel for pedestrians to exceed minimum requirements of the Americans with Disabilities Act (ADA) and comparable state codes, require setbacks of dining facilities from street curbs, intersections and driveways, require a minimum height clearance for umbrellas and other overhead objects, require distance between outdoor heaters and combustible materials, and require compliance with all building codes. Planning Commission Recommendation The Planning Commission held a public hearing on the proposed Zoning Code amendments on February 28, 2024. The Commission unanimously recommended the proposed Zoning Code amendments, and suggested modifications to the proposed sidewalk dining regulations (Title V, Chapter 19B) as follows: • Add a criterion requiring that fixtures be compatible with the adjacent building façade, the Downtown Tiburon Design Handbook and General Plan, and be of durable materials and construction. Staff Response- Staff supports this recommendation. • Recommended that the Community Development Director be responsible for issuance of the permit to assure consistency and consideration of the adequacy of the proposed improvements. Staff Response- Staff supports this recommendation. Consideration of Rental Fee for Use of the Public Right-of-Way In addition to permit application fees, many jurisdictions charge an on-going fee as compensation for use of the public right-of-way for private purposes. Tiburon charges $290 for an application for an encroachment permit. In terms of rental fees for outdoor dining within the public right-of-way, some jurisdictions have based fees on a percentage of the market rate for lease of retail or commercial space, on the loss of potential parking revenues for outdoor dining in parklets which displace parking (not applicable to Tiburon), or on a subjective amount which factors in the public benefits to be gained from active use of the civic space. An attached survey of outdoor dining rental fees from Marin and other jurisdictions is provided in Exhibit 4. It shows an average annual rental fee of $27.60 per square foot of dining area for Town Council Meeting March 6, 2024 TOWN OF TIBURON PAGE 6 OF 6 4868-4236-9637 v1 Marin jurisdictions, although it should be noted that the Larkspur City Council is considering reducing their current $48.00/sq. ft. annual fee by half or three-quarters. The average annual fee of all surveyed jurisdictions is $24.00/sq. ft. An example of possible fee levels applied to a typical Tiburon sidewalk dining area (30’ business frontage by 8’ dining area width totaling 240 square feet) would be $2,880 based on a fee of $1/sq. ft./month or $5,760 based on a $2/sq. ft./month fee. The Town Council should discuss a potential rental fee rate and provide direction to staff if desired to return at a subsequent meeting to adopt an amendment to the Town’s fee schedule. FINANCIAL IMPACT Staff anticipates minor fiscal impact resulting from adoption of the Ordinance, and the potential for modest rental revenue if desired by the Town Council. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW The proposed zoning amendments are categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) and Sections 15304 and 15305 of the CEQA Guidelines; and are also statutorily exempt pursuant to Section 15183 (Conformity with General Plan) and Section 15061(b)(3) (Common Sense) of the CEQA Guidelines since sidewalk dining involves use of the existing sidewalk and contemplates minimal physical improvements. RECOMMENDATION Staff recommends the Town Council: 1. Hold a public hearing and consider testimony. 2. Pass a motion to introduce the ordinance by title only, including any desired amendments, and waive further readings, and read the title of the ordinance into the record. Roll call vote. 3. Provide direction to staff on whether to return at a subsequent meeting with an amendment to the adopted fee schedule to establish a rental rate for use of the public right-of-way for sidewalk dining installations. Exhibits(s): 1. Draft Ordinance amending the Zoning Code and adding a new Chapter 19B (Sidewalk Dining) to Title V 2. Planning Commission resolution recommending the proposed Zoning Code Amendments 3. Summary of Sidewalk Dining Regulations of Other Jurisdictions 4. Summary of Outdoor Dining Right-of-Way Rental Fees Prepared by: Greg Chanis, Town Manager EXHIBIT 1 Tiburon, California, Code of Ordinances Page 1 of 10 ORDINANCE NO. XXX N.S. (DRAFT) AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE BY AMENDING SECTIONS 16-23.020 (ALLOWABLE LAND USES AND PREMIT REQUIREMENTS) AND 16-32.040 (NUMBER OF PARKING SPACES REQUIRED) AND ADDING A NEW CHAPTER 19B (SIDEWALK DINING) TO TITLE V (PUBLIC WORKS) TO ADDRESS SIDEWALK DINING WHEREAS, to facilitate sidewalk dining in a safe manner and economically bolster local business opportunities during the COVID-19 pandemic the Town Council authorized the Town Manager to issue temporary Outdoor Activities Agreements with local eating establishments to sidewalk dining, suspending Municipal Code regulations requiring issuance of Use Permits, encroachment permits and right-of-way agreements; WHEREAS, the temporary authorization was to terminate upon the conclusion of the declared state of emergency; and WHEREAS, the Town wishes to adopt standards which would apply to use of the public sidewalk for sidewalk dining by authorized eating and drinking establishments in a safe and regulated manner, which include amendments to the Zoning Code (Chapter 16 of Title IV of the Tiburon Municipal Code); and WHEREAS, the proposed Zoning Ordinance and Zoning Map amendments were prepared in accordance with applicable statutory requirements taking into account public comment, required consistency with the Tiburon General Plan 2040; and WHEREAS, the Planning Commission conducted a duly noticed public hearing at a regular meeting on February 28, 2024, considered any testimony received during the public hearing, and adopted Resolution No. 2024-001 recommending to the Town Council text amendments to be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code; and WHEREAS, on March 6, 2024, the Town Council held a duly noticed public hearing and has heard and considered all public testimony on the proposed Ordinance; and WHEREAS, the Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed; and WHEREAS, the Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare; and WHEREAS, the Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan 2040 and other adopted ordinances and regulations of the Town of Tiburon, and further the intent and purposes of General Plan goals and policies; and NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Tiburon finds: 1. The foregoing recitals are true and correct and are incorporated herein by reference. Tiburon, California, Code of Ordinances Page 2 of 10 2. The proposed amendments to the zoning code are consistent with Policy DT-14 (Gathering Places) of the Tiburon General Plan 2040 which states, “Encourage retail storefronts, cultural destinations, and active outdoor spaces for community gathering, such as sidewalk cafes, in order to make walking Downtown a stimulating and enjoyable activity.” By streamlining the approval process and adopting design standards for sidewalk dining areas the Town will encourage the use of outdoor spaces which enliven the public realm and support the success of local businesses. 3. The change of zone, change of zone boundaries, or other proposed amendment, will not be detrimental to the public health, safety, or welfare of the town in that the proposed zoning amendments facilitate sidewalk dining which is a popular use within Downtown Tiburon and supports a successful business community. Associated standards for sidewalk dining are proposed to be included in Title V (Public Works) of the Municipal Code which maintain a sufficiently wide path of travel for pedestrians to exceed minimum requirements of the Americans with Disabilities Act (ADA) and comparable state codes, require setbacks of dining facilities from street curbs, intersections and driveways, require a minimum height clearance for umbrellas and other overhead objects, require distance between outdoor heaters and combustible materials, and require compliance with all building codes. 4. The proposed zoning amendments are prepared in accordance with the California Environmental Quality Act (CEQA) and applicable guidelines. The proposed code amendments are ministerially exempt from the requirements of CEQA under Section 15301 (Existing Facilities) and Sections 15304 (Minor Alterations to Land) and 15305 (Minor Alteration of Land Use Limitations) of the CEQA Guidelines; and are also exempt pursuant to Section 15183 (Conformity with General Plan) and Section 15061(b)(3) (General Rule) of the CEQA Guidelines since sidewalk dining involves use of the existing sidewalk and contemplates minimal physical improvements. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. AMENDMENTS TO CHAPTER 16, DIVISION 23 Tiburon Municipal Code Title IV, Chapter 16, Section 16-23.020 (Allowable land uses and permit requirements) is hereby amended to read as follows: 16-23.020 Allowable land uses and permit requirements. A. General permit requirements. Table 2-A (allowed land uses and permit requirements) identifies the uses allowed in each downtown zone and the zoning permit required to establish each use. Permitted uses are shown as "P" in table 2-A (allowed land uses and permit requirements). Tiburon, California, Code of Ordinances Page 3 of 10 Figure 2-1: Zoning Districts and Street Frontages TABLE 2-A ALLOWED LAND USES AND PERMIT REQUIREMENTS P: Permitted use U: Conditional Use Permit — : Use not allowed * : Use not allowed on the ground floor where Commercial Frontage is required (1) LAND USE PERMIT REQUIREMENT Specific Use Regulations MS MU VC Retail Including, but not limited to: art supply stores, dry goods, grocery stores, candy, pharmacies, florists, furniture stores, garden supplies, hardware, paint, jewelry, clothing, shoes, music, sporting goods, stationery and office supplies, electronics, pet supplies, art galleries, stamp & coin shops, toy stores, and newsstands. P P P Souvenir Shops P — P Firearms sales — — — Personal Services Including, but not limited to: barber shops, beauty salons, nail salons, massage establishments, photography and art studios, dry cleaning establishments without on-site P P P Tiburon, California, Code of Ordinances Page 4 of 10 processing, laundromats, music/dance/art instruction, or travel agencies Dry cleaning establishments with on-site processing — U — Food and Beverage Including, but not limited to: restaurants, bars/cocktail lounges, wine shops with on-site tasting, brewpubs, outdoor eating areas, any establishment serving any alcoholic beverage on the premises, convenience markets, liquor stores, catering/commercial food kitchens, and bakeries with on-site production. U U U Sidewalk dining within the public right- of-way, accessory to an authorized food and beverage use. P P — Chapter 19B Bakeries (retail sales only) and wine shops (retail sales only). P P P Fast food — — — Recreation and Entertainment Including, but not limited to: fitness/recreation facilities, theaters, meeting halls and hotels U U U Adult-oriented businesses — U* — Business and Household Services Including, but not limited to: banks, financial institutions, real estate agencies, photocopy and printing, computer and electronics repair, shoe repair, watch repair, locksmiths, upholstery shops, picture framing, and animal grooming P P P Animal care and boarding U U U Child day care center U U U 16-40.050 Mortuaries and funeral homes U U U Medical and non-medical marijuana facilities — — — 16-40.090 Automotive Services Including, but not limited to: gas stations, car washes and vehicle repair U* U* U* Offices Including, but not limited to: business and professional offices, medical offices and clinics, laboratories, and opticians/optometrists P* P* P* Residential Including, but not limited to: multi-family dwellings, transitional and supportive housing P P P Tiburon, California, Code of Ordinances Page 5 of 10 Accessory Dwelling Units/ Junior Accessory Dwelling Units (2) MP MP MP 16-52.100/ 16- 52.105 Emergency shelters — P P 16-40.060 Transportation Facilities Including, but not limited to: bus stations, ferry terminals, off-street parking facilities (commercial or public), and public electric vehicle charging facilities U U U Communication Facilities Including, but not limited to: wireless telecommunication facilities, and radio, microwave and TV transmission facilities U U U 16-42 B. Change of use and additional uses. Changes made to the existing land use that are not qualified as use-for- use changes, and additional specific uses which are, in the determination of the director of community development, similar or accessory to those uses listed in table 2-A (allowed land uses and permit requirements), shall be permitted only when a conditional use permit is granted as provided in section 16- 52.040 (conditional use permit) and when the use is identified as "U" in table 2-A (allowed land uses and permit requirements). C. Use-for-use changes and minor structural alterations. Use-for-use changes (e.g., restaurant to restaurant) or minor structural alterations when there is no substantive intensification of use, as determined by the Director, are allowed except that land uses precluded on the ground floor of required commercial frontages as set forth in table 2-4 (allowed land uses and permit requirements) and as indicated in Figure 2-1 (zoning districts and street frontages) may not expand their floor area on the ground floor. Substantive intensification of use shall be measured in terms of parking requirements, number of employees at maximum shift, total floor area occupied, vehicular trip generation, or other factors within the reasonable discretion of the Director. The term "use-for-use changes" is limited to situations where the replacement use is substantially similar to the prior use in the reasonable discretion of the Director. D. Pre-existing uses. Lawfully existing uses established prior to December 26, 1990, shall be permitted to operate under the authority and limitations of applicable zoning permits. (Ord. No. 605 N.S , § 6, 6-21-2023) SECTION 2. AMENDMENTS TO CHAPTER 16, DIVISION 32. Tiburon Municipal Code Title IV, Chapter 16, Section 16-32.040 (Number of parking spaces required) is hereby amended to read as follows: 16-32.040 Number of parking spaces required. A. Parking requirements. The minimum number of parking spaces (stalls) established in subsection B, below, unless otherwise superseded by provisions of state law, shall be required to serve the uses or buildings listed. The ratios listed shall apply to normal occupancy densities and uses. Higher or lower ratios may be used for other than normal occupancy densities and uses, availability of public transportation and other special conditions, as determined by the review authority. B. Minimum number of parking spaces. It is the intent of the town that parking areas be adequate but not excessive. When units of measurement determining the number of required parking spaces result in the requirement of a fractional space, any fraction of over one-half shall be rounded up to the next parking Tiburon, California, Code of Ordinances Page 6 of 10 space. In the case of any use that is not specifically mentioned in table 3-1 below, the provisions for a use that is so mentioned and is similar, or as determined by the director if no similar uses are mentioned in table 3-1, shall apply, with the review authority having final approval authority. C. Required parking reduction in commercial zones. The review authority may reduce the required parking spaces for proposed non-residential uses or structures located in a VC, NC or O zone if it makes the following findings prior to approval of the non-residential use, structure or expansion: 1. An adequate parking supply exists in the surrounding commercial area and the proposed structure, use or expansion will not result, either individually or cumulatively, in an inadequate parking supply. The town may require an independent parking study for the purpose of determining whether it can make this finding. 2. The proposed structure, use or expansion will promote the general welfare of the surrounding commercial area. 3. The reduction of required parking spaces will not result in a substantive detrimental effect on the surrounding area due to identified factors including but not limited to those set forth in section 16- 32.010. D. The California Building Code. The required number of spaces in off-street parking facilities that are restriped or redesigned to meet accessibility requirements may be reduced as necessary to comply with Title 24 of the California Building Code. E. Elimination of parking spaces. Existing off-street parking spaces may not be eliminated without first obtaining site plan and architectural review approval pursuant to this chapter, except as allowed in subsection D above. TABLE 3-1 MINIMUM NUMBER OF PARKING SPACES Generalized Use Single-family, two-family, multifamily dwelling units, or transitional or supportive housing 1 space per studio and one bedroom units for multifamily dwellings; 2 spaces per two or more bedroom units for multifamily dwellings; 1.5 spaces per dwelling unit, with a minimum of 2 spaces required, for single-family and two-family dwellings; condominium units require 2 spaces per unit Bed and Breakfast Inn One for each guest room plus 2 covered spaces for resident family Homeless shelter for the homeless One for each employee on maximum staffed shift plus one for every five beds Place of assembly One for each four seats of maximum seating capacity; or one for each forty square feet of assembly area, whichever is more Restaurants, bars One for each four seats of maximum seating capacity for indoor seating and one for each eight seats of maximum capacity outdoor seating; for restaurants or bars with no or nontraditional seating, 1 per 60 sq. ft. of the floor area (less kitchen and service area). No parking requirement for sidewalk dining area in public right-of-way. Retail sales, offices, banks, clinics, labs, service uses 1 for each 400 sq. ft. of gross floor area Employee parking In addition to the clientele parking listed above for service uses, and for other bulk storage, wholesale, packing, fabricating, processing, and similar uses, 1 parking stall shall be provided for each 1.5 employees on the maximum working shift Tiburon, California, Code of Ordinances Page 7 of 10 Hotel, motel, rooming or boarding house 1 per guest room plus 1 space for each 2 employees on the maximum working shift Hospital, sanitarium, rest home One for each four beds plus one space for each two employees of the maximum shift Harbor or marina 1 for each 2 berths, slips, or moorings except that none are required for berths reserved for visiting boats Educational, child care, libraries, museums Child day-care centers 3 minimum, plus 1 for each 10 children over the first 15 Libraries, museums 1 for each 500 sq. ft. of gross floor area Adult education 1 for each 4 seats of maximum session (Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 577 N.S. , § 2(B), 5-16-2018; Ord. No. 605 N.S , § 8, 6-21-2023) SECTION 3. AMENDMENTS TO TITLE V, CHAPTER 19B Tiburon Municipal Code Title IV is hereby amended to add a new Chapter 19B (Sidewalk Dining) to read as follows: Chapter 19B SIDEWALK DINING Sections: 19B-1 Purpose and authority. (a) The purpose of this chapter is to promote sidewalk dining in conjunction with food service establishments to enhance the pedestrian ambiance of the town, support local businesses and ensure that outdoor seating does not adversely impact adjacent properties or public safety. (b) The Community Development Director shall have authority to approve temporary use of the public right-of- way for sidewalk dining through issuance of an encroachment permit in accordance with requirements of Chapter 19 (Encroachments) and a right-of-way agreement in accordance with the requirements of Chapter 19A (Use of Public Right-of-Way), which shall be in lieu of any site plan and architectural review permit or conditional use permit. (c) The use of private property for sidewalk dining shall be regulated by Chapter 16 (Zoning). 19B-2 Standards. Any sidewalk dining area proposed to be located in the public right-of-way shall comply with all of the following requirements: (a) Use restrictions: (1) Location: Areas used for sidewalk dining shall not extend beyond the immediately adjacent building frontage for the associated food and beverage service use and not in front of another adjacent property, unless the adjacent property owner and business owner authorize the use of this area by written agreement. (2) Cooking: No cooking or food preparation shall be done outside the building supporting the outdoor eating area. Exhibit 1 Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 8 of 10 (3) Entertainment: Outdoor entertainment or amplified music is not permitted unless approved as part of a conditional use permit or a modification to conditional use permit for the associated food and beverage service. (4) Alcoholic beverage sales: Alcoholic beverages may be sold within the sidewalk dining area if so authorized by the food and beverage service’s conditional use permit and in conformance with all requirements of the California Department of Alcoholic Beverage Control. (5) Parking: No additional parking is required to be provided for the sidewalk dining area. (6) Maintenance: The surface of the sidewalk dining area and all appurtenances related thereto shall be maintained at all times in good repair. Debris, litter, beverage or food matter shall be removed from the sidewalk, streets or surrounding property promptly, but at least once each day during operating hours. Tables, chairs and other fixtures within the sidewalk dining area shall be temporarily removed from the public right-of-way prior to when Town-scheduled cleaning occurs. (b) Fixtures: (1) Appearance: Fixtures associated with the sidewalk dining area shall be compatible with the character of the adjacent business façade and the Downtown Tiburon Design Handbook and the General Plan. Such furnishings shall be of durable materials and construction. (2) Minimum clearance: The location and use of all furnishings and fixtures associated with the sidewalk dining area shall at all times provide a minimum distance of not less than four feet (4’) wide for an unobstructed pedestrian travel aisle and shall comply with the accessibility requirements of the Americans with Disabilities Act (ADA) and the California Building Standards Code. (3) Minimum setbacks and location: All furnishings and fixtures associated with the sidewalk dining area, including but not limited to seating, tables, umbrellas, heaters, planters, barriers, and dining service equipment, shall maintain a minimum setback of two feet (2’) from a street curb unless a permanent safety barrier of at least three feet (3’) in height is authorized and installed between the furnishings and fixtures and the street curb. If a barrier is authorized, the barrier shall meet the design standards specified in Section (4) Barriers, below. All furnishings and fixtures associated with the sidewalk dining area shall maintain a minimum setback of ten feet (10’) from any driveway or street intersection and shall not impede bus stops or loading zones adjacent to the sidewalk dining area. (4) Sunshades: Retractable awnings and moveable umbrellas may be used in conjunction with an sidewalk dining area, but there shall be no permanent roof or shelter created over the sidewalk area. Umbrellas shall have a minimum clearance from the ground of seven feet (7’) to the lowest element of the umbrella or covering and shall be located completely within the dining area’s permitted boundaries. Umbrellas shall have a stable base to prevent accidental or windblown tipping over. (5) Safety Barriers: Permanent 3-foot tall safety barriers as required in Section 2 and authorized by the Town Manager, or their Designee, shall be installed parallel to and within 6 inches from edge of curb and shall conform to the design standards established by the Town Manager, or their Designee. For barriers which are bolted to the public sidewalk and subsequently removed, the sidewalk shall be repaired by the permit holder subject to the review and approval of the Town Manager or their Designee. (6) Landscape Planters: Landscape planters may be included in the authorized furnishings and may consist of pots or planter boxes made of wood, natural concrete, terra cotta or high quality fiberglass or resin material. Landscape planters, including planted materials, shall have a minimum height of 36” above the sidewalk surface and a maximum height of 48”. Landscape materials shall be maintained in a healthy condition at all times and replaced as necessary. (7) Space heaters: Portable heaters may be used but shall be located a minimum of three feet (3’) from any combustible material and located completely within the authorized sidewalk dining area. Exhibit 1 Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 9 of 10 (8) Electrical: All electrical connections must be drawn from the permittee’s private electrical circuit/meter. Electrical cords are not permitted to be placed across the surface of the sidewalk dining area but may be hung over the sidewalk at a height of not less than eight feet (8’) in a manner approved by the Town Manager or their Designee, and the Town Building Official. All electrical connections shall comply with provisions of the California Building Standards Code. (9) Misters: Water misters are prohibited from being placed and operated within the sidewalk dining area. (10) Signage: No business signage or logos may be attached or affixed to any portion or fixtures of the sidewalk dining area. 19B-3 Fees. (a) Annual assessment: The granting of a right-of-way agreement for sidewalk dining shall require the payment of an annual assessment based on the total square footage of the sidewalk dining area authorized by the agreement. The rate for said annual assessment shall be established by resolution of the town council. (b) Security deposit: A security deposit shall be provided to assure the ability of the town to recover any costs associated with the removal, cleanup, and repairs to the public infrastructure within the authorized sidewalk dining area. The deposit may be in the form of a cash deposit or commercial surety bond in an amount determined by the Town Manager or their Designee. SECTION 4. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code Section 36937. Before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on March 6, 2024, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on _______________ by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Exhibit 1 Tiburon Town Council Ordinance No. XXX N.S. (DRAFT) Page 10 of 10 _______________________________ ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: ______________________________ LEA DILENA, TOWN CLERK EXHIBIT 2 EXHIBIT 2 RESOLUTION NO. 2024-001 A RESOLUTION OF THE TIBURON PLANNING COMMISSION RECOMMENDING THAT THE TOWN COUNCIL ADOPT AMENDMENTS TO TITLE IV OF THE TIBURON MUNICIPAL CODE INCLUDING SECTIONS 16-23.020 (ALLOWABLE LAND USES AND PERMIT REQUIREMENTS) AND 16-32.040 (NUMBER OF PARKING SPACES REQUIRED) TO ADDRESS SIDEWALK DINING) WHEREAS, to facilitate outdoor dining in a safe manner and economically bolster local business opportunities during the COVID-19 pandemic the Town Council authorized the Town Manager to issue temporary Outdoor Activities Agreements with local eating establishments to outdoor dining, suspending Municipal Code regulations requiring issuance of Use Permits, encroachment permits and right-of-way agreements; WHEREAS, the temporary authorization was to terminate upon the conclusion of the declared state of emergency; and WHEREAS, the Town wishes to adopt standards which would apply to use of the public sidewalk for outdoor dining by authorized eating and drinking establishments in a safe and regulated manner, which include amendments to the Zoning Code (Chapter 16 of Title IV of the Tiburon Municipal Code); and WHEREAS, the proposed Zoning Ordinance and Zoning Map amendments were prepared in accordance with applicable statutory requirements taking into account public comment, required consistency with the Tiburon General Plan 2040; and WHEREAS, the Planning Commission conducted a duly noticed public hearing at a regular meeting on February 28, 2024, and considered any testimony received during the public hearing; and WHEREAS, the Planning Commission reviewed and considered the draft ordinance, amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code and the Town of Tiburon Zoning Map; and WHEREAS, the Planning Commission finds that all notices and procedures required by law have been followed; and WHEREAS, on February 14, 2024, notice of the Planning Commission public hearing was published in The Ark in compliance with California Government Code Section 65090; and WHEREAS, on February 28, 2024, the Planning Commission held a public hearing, received the staff report and reviewed a presentation from the Community Development Department and received comments from the public and interested parties. NOW THEREFORE, BE IT RESOLVED that the Tiburon Planning Commission hereby finds and determines that the above recitals are true and correct and, together with the staff report and the attachments thereto, serve as the evidentiary basis, in part, for the actions set forth below. BE IT FURTHER RESOLVED that upon review and consideration the Planning Commission makes the following findings and recommendations to the Town Council: Section 1. FINDINGS a. The proposed amendments are consistent with the requirements of (i) the Tiburon Municipal Code, (ii) General Plan 2040 and other applicable plans of the Town, and (iii) that the proposed amendments will not be detrimental to the public health, safety, or welfare of the Town. b. The adoption of this Ordinance is ministerially exempt from the requirements of CEQA under Section 15301 (Existing Facilities) and is also exempt pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines since sidewalk dining involves use of the existing sidewalk and EXHIBIT 2 contemplates minimal physical improvements. Section 2. RECOMMENDATION The Planning Commission hereby recommends that the Town Council adopt the Zoning Ordinance text amendments set forth in attached Exhibit “A”. The Planning Commission further recommends modifications to Chapter 19B (Sidewalk Dining) as set forth in attached Exhibit “B”. PASSED AND ADOPTED at a regular meeting of the Planning Commission on February 28, 2024, by the following vote: AYES: NAYS: ABSENT: ERICA WILLIAMS CHAIR, PLANNING COMMISSION ATTEST: _______________________________ DINA TASINI, SECRETARY EXHIBIT A: Proposed Ordinance amending Title IV, Chapter 16 (Zoning) EXHIBIT B: Proposed new Title V, Chapter 19B (Sidewalk Dining) EXHIBIT 3 ATTACHMENT 3 SIDEWALK DINING REGULATORY SUMMARY (excludes parklets within street right-of-way) Jurisdiction Permit Type(s) Decision Maker Fees Liability Passage Width Setbacks Use Restrictions Design Criteria Sausalito Minor Use Permit and Sidewalk Dining Encroachment Permit ZA and City Engineer $2,730 application fee $500,000 insurance & hold harmless agreement 60” ▪ Portable heaters min. 2’ clearance ▪ Umbrellas min. 84” clearance ▪ Max. 4 tables or 8 seats ▪ Additional parking required Mill Valley Outdoor Dining Permit Plng. Dir. $623 application fee + Fire District $213; $207 annual fee Yes (amt. to be specified by City) & indemnification agreement 48” ▪ Portable heaters min. 3’ from combustible material ▪ Umbrella canopies min. 2’ from face of curb ▪ Umbrellas & awnings min. 7.5’ vertical clearance ▪ Accessory to permitted restaurant/bar Same food and beverage as indoor sales ▪ No amplified sound ▪ Surface steam cleaned at least quarterly ▪ No addnl. parking unless required by Plng. Dir. ▪ Limited to space adjacent to business ▪ Furnishings “compatible with character of adj. buildings and design guidelines in GP” and “of durable materials and construction” ▪ Furnishings not bolted down and removed during non-business hours ▪ Planters and barriers max. 48” tall San Rafael Admin. Design Review & Encroachment Permit ZA and City Engineer $2000 appl. fees + $2000 deposit $1,000,000 72” ▪ Accessory to permitted restaurant/bar ▪ Max. 25% of indoor seating area ▪ Refuse storage area not allowed ▪ Surface steam cleaned at least quarterly ▪ No permanent roof structure ▪ Furnishings must be movable. ▪ Lighting fixtures must be affixed to principal building Novato Design Review & License agreement ZA and City Engineer $1500 appl. fees $1.00/sf/month Indemnification agreement ▪ Additional parking required ▪ Cleaned on a continual basis ▪ Entertainment or amplified music may require noise analysis and limited hours ▪ One temp. freestanding sign max. 6 sf (per side) allowed ▪ Waste receptacles required ▪ Furnishings and structural elements “compatible with character of the main structures” ▪ Use of “awnings, plants, umbrellas and other human-scale elements is encouraged” San Anselmo Encroachment Permit City Engineer $146 application fee $1,000,000 48” ▪ 10’ from corner curbs Corte Madera Temporary Operations Encroachment Permit City Engineer $1,500 application fee; $0.50/sf/month; $2,500 deposit 48” ▪ 2-year license agreement ▪ Barrier height of 36-42” ▪ Umbrella max. height of 10’ ▪ Shade sails via Design Review ATTACHMENT 3 Jurisdiction Permit Type(s) Decision Maker Fees Liability Passage Width Setbacks Use Restrictions Design Criteria Larkspur Encroachment Permit City Engineer $377 application fee; $4/sf/month Fairfax Outdoor Dining Permit Building Official $500 annual application fee; $1,000 deposit 48” ▪ Gas/propane heaters not allowed. Electric heaters allowed. Petaluma Encroachment Permit City Engineer $855 application fee Pacific Grove Outdoor Dining Permit and Encroachment Permit ZA and City Engineer $855 application fee Palo Alto Encroachment Permit and Minor Design Review City Engineer and ZA $1,370 application fee San Mateo Sidewalk Outdoor Dining Encroachment Permit (annual renewal required with fees) Public Works $385 application fee $2,000,000 liability and worker’s comp. 48” ▪ Tables and seating min. 2’ from face of curb ▪ Umbrellas min. 7.5’ vertical clearance ▪ Space heaters min. 2’ from canvas, tree foliage or flammable material ▪ Outdoor cooking not allowed ▪ Amplified music only with a Special Community Events permit ▪ Generators not allowed ▪ Surface cleaned daily ▪ Limited to space adjacent to business unless adj. bus. owner allows in front of adj. business ▪ Furnishings must be heavy enough to withstand high winds ▪ Furnishings not bolted down and removed maintenance or inclement weather ▪ Planters and barriers max. 36” tall ▪ Umbrellas of fire-retardant materials ▪ Canopies, roofs or shade structures not allowed ▪ All wiring exterior rated, GFCI protected and hung with min. 10’ vertical clearance Santa Clara Sidewalk Dining Permit Planning Div. No fee Indemnification agreement (terms not specified) 48” Min. 20’ from intersection, alley or driveway ▪ Accessory to permitted restaurant/bar ▪ Furnishings removed at end of each business day EXHIBIT 4 OUTDOOR DINING RIGHT-OF-WAY RENTAL FEE SUMMARY Jurisdiction Rental Fee Rate (per Sq. Ft./month) Annual Rate Fee per Sq. Ft. Tiburon To be determined To be determined Mill Valley $6.421 $77.00 San Rafael $1.85 $22.20 Novato $1.00 $12.00 San Anselmo $1.802 $21.60 Corte Madera $0.50 $6.00 Larkspur $4.003 $48.00 Fairfax $0.50 $6.00 Petaluma No fee No fee Napa $0.83 $9.96 Healdsburg $1.50 $18.00 Windsor $1.66 $19.92 Walnut Creek $1.00 (sidewalk) $4.00 (parklet) $12.00 (sidewalk) $48.00 (parklet) San Francisco $1.004 $12.00 Santa Barbara $2.00 $24.00 San Luis Obispo $3.505 $42.00 Average (Marin cities) $2.30 $27.60 Average (All surveyed cities) $2.00 $24.00 1 Set at 150% of revenue loss from parking meter 2 Set at 50% of interior retail space rent 3 City Council will be considering reduction to $1.00 for sidewalk and $2.00 for parklet fees 4 Discount available based on gross revenue 5 Based on recovery of parking meter loss