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HomeMy WebLinkAboutTC Agd Pkt 2024-05-01 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council May 1, 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 5:00 the Monday prior to 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 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. Vacancies on Town Boards & Commissions – Announce pending vacancy on the Belvedere-Tiburon Library Agency Board and special vacancies on the Building Code Appeals Board, Disaster Advisory Council, and Heritage & Arts Commission (Office of the Town Clerk) CC-2. Cypress Hollow Landscape and Lighting District (LLD) – Consider adoption of a resolution approving the annual Engineer’s Report, and declaring intent to levy and collect assessments within the Landscape and Lighting District tin the Cypress Hollow Subdivision and setting a time and place for the required public hearing (Department of Public Works) CC-3. Professional Services Agreement – Authorize staff to execute an agreement with Giuliani Property Management for property management services (Department of Public Works) ACTION ITEMS AI-1. Appointments to Town Boards & Commissions – Consider making one appointment to the Diversity Inclusion Task Force (Office of the Town Clerk) 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: (Emily G. Morkemo et al. v. Town of Tiburon, Marin County Superior Court Case No. CIV0000520) 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. TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Announce Pending & Special Vacancies on Town Boards and Commissions Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will formally announce pending & special vacancies on Town boards & commissions and invite applications from qualified applicants. RECOMMENDED ACTION(S) 1. Announce the pending vacancy on the Belvedere-Tiburon Library Agency Board of Trustees and the special vacancies on the Building Code Appeals Board, the Disaster Advisory Council, and the Heritage & Arts Commission by adoption of this item on the Consent Calendar. BACKGROUND Each January, the Town Council announces the pending (scheduled) vacancies on Town boards, commissions, and committees that are expected to expire in the coming year. Most Town appointments are regularly scheduled to expire on February 28 of each year, but the Town Council appointments to the Belvedere-Tiburon Library Agency Board of Trustees (the “Library Board”) expire on June 30 of each year. There is one pending vacancy on the Library Board this year. Larry Drew’s first term on the Board expires on June 30, 2024. Mr. Drew is eligible for reappointment for a second four-year term. Per Town Council policy, the Town Council will also accept new applicants for the position, including Mr. Drew, should he choose to seek reappointment. The Notice of Pending Vacancy (Exhibit 1) has been posted and staff will accept new applications until May 30, 2024. Town Council policy also requires that the Town Council announce special (unscheduled) vacancies that have occurred on Town boards, commission and committees at the earliest possible Town Council meeting following the vacancy and invite applicants to apply for the open seats. Staff has recently received resignations from: Richard Wodehouse (Building Code Appeals Board), Mary McDevitt (Belvedere-Tiburon Disaster Advisory Council) and Fran Hall (Heritage & Arts Commission). TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 1, 2024 Agenda Item: CC-1 Town Council Meeting May 1, 2024 TOWN OF TIBURON PAGE 2 OF 2 The three Notices of Special Vacancy (Exhibits 2-4) have been posted and staff will accept new applications for the seats until May 30, 2024. The Town Council will be required to interview all new candidates before appointments are made. The individuals appointed to the seats will serve out the existing terms of office. ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council announce the pending vacancy on the Belvedere- Tiburon Library Agency Board of Trustees and the special vacancies on the Building Code Appeals Board, the Disaster Advisory Council, and the Heritage & Arts Commission by adoption of this item on the Consent Calendar. Exhibit(s): 1. Notice of Pending Vacancy – Belvedere-Tiburon Library Agency 2. Notice of Special Vacancy – Building Code Appeals Board 3. Notice of Special Vacancy – Disaster Advisory Council 4. Notice of Special Vacancy – Heritage & Arts Commission Prepared By: Lea Dilena, Town Clerk Notice of Current and Pending Vacancies on Town of Tiburon Boards, Commissions & Committees May 2024 The Town is now accepting applications from Tiburon residents interested in serving on the following Town boards, commissions & committees: BEL-TIB LIBRARY AGENCY BOARD OF TRUSTEES 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 May 2024. Current commissioners whose terms are expiring are listed below. Incumbents may seek reappointment to another term. 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: May 30, 2024 at 5:00 P.M. TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES ON BOARDS, COMMISSIONS & COMMITTEES MAY 2024 BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF TRUSTEES Appointee Appointed Term Expires Larry Drew 2020 6/30/2024 Copies to: The Ark (for publication on 5/1/2023) and Marin Independent Journal Notice Posted at Tiburon Town Hall SPECIAL VACANCY NOTICE Building Code Appeals Board April 2024 Building Code Appeals Board Statutory Authority: Tiburon Municipal Code Title I, Chapter 2, Article VI & Town Council Resolution No. 34-2011 Term: Until 2/28/2026; Subsequent Terms are 5 Years; No Term Limit Purpose: The five-member board has the following responsibilities: a) to act as the appeals board from decisions and interpretations of the Town’s Building Official regarding non-administrative provisions of the Town’s adopted building codes; b) to render decisions on appeals and other decisions in writing to the Building Official and Appellant; and c) to adopt such reasonable rules and regulations as it may deem necessary. Qualifications: Tiburon residency is not a requirement. The Board is comprised of five (5) registered design professionals, as follows: 1) One member with architectural experience; 2) One member with structural engineering experience; 3) One member with mechanical and plumbing engineering experience or a mechanical contractor with at least 10 years’ experience, five in responsible charge of work 4) One member with electrical engineering experience or an electrical contractor with at least 10 years’ experience, five in responsible charge of work 5) One member with energy code and/or green building code compliance experience, or a licensed roofing contractor with at least 10 years’ experience, five in responsible charge of work. Interested residents should contact Tiburon Town Clerk Lea Dilena at ldilena@townoftiburon.org or (415)435-7373 for more information, or visit the Town’s website at www.townoftiburon.org. Deadline for Applications: May 30, 2024 at 5:00 PM Notice Posted at Town Hall on 5/1 Published in the Ark newspaper on 5/1 SPECIAL VACANCY NOTICE Belvedere-Tiburon Joint Disaster Advisory Council April 2024 Belvedere-Tiburon Joint Disaster Advisory Council Number of Vacancies: 1 Term: Until 2/28/2025; Subsequent Terms are 2 Years; No Term Limit Purpose: The purpose of the Disaster Advisory Council is to 1) provide understanding of the Tiburon Peninsula emergency organizations; 2) provide disaster education & training for the Tiburon Peninsula community; 3) provide neighborhood awareness & personal responsibility for emergency preparedness; and 4) update and maintain the Tiburon Peninsula Emergency Plan. Qualifications: Applicants should be residents of the Town of Tiburon and have the interest, dedication and time commitment to serve as a trustee on the Council, including attendance at quarterly meetings and other activities. Interested residents should contact Tiburon Town Clerk Lea Dilena at ldilena@townoftiburon.org or (415)435-7373 for more information, or visit the Town’s website at www.townoftiburon.org. Deadline for Applications: May 30, 2024 at 5:00 PM Notice Posted at Town Hall on 5/1 Published in the Ark newspaper on 5/1 SPECIAL VACANCY NOTICE Heritage & Arts Commission April 2024 Heritage & Arts Commission Number of Vacancies: 1 Term: Until 2/28/2026; Subsequent Terms are 4 Years; No Term Limit Purpose: The Heritage & Arts Commission works to preserve and protect those buildings, sites, works of art and other objects which have special historical, cultural or aesthetic character or interest to the Tiburon Peninsula. Appointees serve staggered, four-year terms. The Commission establishes educational programs and awards focusing on the unique history of the area. The Commission works on special community projects and events and is interested in planning events that would provide a forum for local artists to showcase their work. Qualifications: Town Council Resolution No. 29-2016 states that the commission shall be comprised of seven (7) members whose qualifications shall be as follows: Four (4) members must be residents of the Town of Tiburon at the time of appointment; Two (2) members may be residents of the City of Belvedere at the time of appointment; One (1) member may be a resident of the greater Tiburon peninsula (unincorporated territory) at the time of appointment. Applicants shall have the interest, desire, and time available to help promote projects related to the history and art of the Tiburon Peninsula. A formal art/history background is preferred but not required. Interested residents should contact Tiburon Town Clerk Lea Dilena at ldilena@townoftiburon.org or (415)435-7373 for more information, or visit the Town’s website at www.townoftiburon.org. Deadline for Applications: May 30, 2024 at 5:00 PM Notice Posted at Town Hall on 5/1 Published in the Ark newspaper on 5/1 TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Adopt A Resolution Approving the Annual Engineer’s Report, and Declaring Intent to Levy and Collect Assessments within the Landscape and Lighting District in the Cypress Hollow Subdivision and Setting a Time and Place for Public Hearing Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Adopt A Resolution Approving the Annual Engineer’s Report, and Declaring Intent to Levy and Collect Assessments within the Landscape and Lighting District in the Cypress Hollow Subdivision and Setting a Time and Place for Public Hearing. RECOMMENDED ACTION(S) 1. Adopt a Resolution Approving the Annual Engineer’s Report and Declaring Intent to Levy and Collect Assessments within the Landscape and Lighting District and Setting a Time and Place for Public Hearing. BACKGROUND On July 3, 1990 the County of Marin established a Landscaping and Lighting District in Cypress Hollow. The County of Marin received assessments from the parcels therein for the purpose of operating and maintaining the following areas with the Cypress Hollow Subdivision: (1) landscaping and irrigation of the 25-foot sewer sanitary easement on the east boundary, (2) entry landscaping and irrigation of the 30-foot storm drainage easement in the southwest boundary area, and (3) ownership and maintenance of the park site. In 1998, the residents of Cypress Hollow petitioned and received approval from the Local Agency Formation Commission for annexation from unincorporated Marin County into the Tiburon Town Limits. Subsequent to that annexation, the Tiburon Town Council and the Marin County Board of Supervisors passed a joint resolution transferring jurisdiction of the Cypress Hollow Landscape and Lighting District to the Town of Tiburon. The resolution also transferred the financial resources and documentation associated with operation, maintenance, and funding to the Town. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 01, 2024 Agenda Item: CC-2 Town Council Meeting May 01, 2024 TOWN OF TIBURON PAGE 2 OF 4 Based on this resolution, the Town of Tiburon has maintenance responsibility for: 1. The 25-foot sanitary sewer easement landscape and irrigation on the east boundary; 2. Entry landscaping and the 30-foot storm drainage easement on the southwesterly boundary and irrigation system; and 3. Ownership and maintenance of the park site. Since 1998, the Town of Tiburon has continued the operation and maintenance activities of the Cypress Hollow Landscaping and Lighting District and assessed the residents the cost thereof. ANALYSIS In order to proceed with the renewal of the assessments, the Town prepared an Engineer’s Report for the upcoming fiscal year for which assessments are to be levied and collected to pay for the costs of the improvements described in the report. The Engineer’s Report for Fiscal Year 2024/2025 has been prepared and is included as Exhibit 1. The Fiscal Year 2024/2025 assessments for the District will remain the same as the Fiscal Year 2023/2024 assessments which is $378 per parcel per year. The amount of the assessment has not changed since Cypress Hollow was incorporated, and the Town took over maintenance from the County in 1998. The following table summarizes the estimate of costs from the Engineer’s Report for Fiscal Year 2024/2025. Item Annual Cost Annual Maintenance Services (Cost Recovery) $14,000 Materials & Supplies $5,000 Water $3,000 Tree Maintenance $15,000 Total Cost $37,000 Fund Analysis Estimated Beginning Fund Balance (7/1/2024) $35,280 Estimated Annual Assessment Revenues $16,632 Estimated Expenditures ($37,000) Estimated Town Contribution (General Fund) - Estimated Ending Fund Balance (6/30/2025) $14,912 Town Council Meeting May 01, 2024 TOWN OF TIBURON PAGE 3 OF 4 The LLA requires the Town Council to order the Engineer’s Report, approve the annual Engineer’s Report, adopt a resolution declaring its intent to levy and collect the assessments and setting the time and place for a public hearing, notice and hold a public hearing, and finally adopt a resolution confirming the diagram and assessment for the landscape and lighting district. Staff is requesting that the Council take action at this meeting to adopt a resolution approving the Engineer’s Report for Fiscal Year 2024/2025 and set the time and place for the public hearing as 6:30 pm on Wednesday May 15, 2024, at the location of the regular meeting of the Town Council. Following adoption of this resolution, Staff will notice the public hearing. On May 15, 2024, the Council will hold the public hearing and consider confirming the diagram and assessment for the landscape and lighting district. If the Council confirms the assessment, then Staff will finalize the engineer’s report and complete the necessary paperwork and submit it to the County assessor’s office. FINANCIAL IMPACT The Cypress Hollow Landscape and Lighting District assessment is necessary to offset some of the costs of maintaining and improving the facilities in the district. Without this source of funding, these costs would be paid for solely from the General Fund. The table below shows prior year expenditures and assessment revenues. Description 2020/21 Actual 2021/22 Actual 2022/23 Actual 2023/24 Estimated 2024/2025 Budgeted Contractual Services / Staff $16,395 $7,000 $14,000 $14,000 $14,000 Landscape Grounds & Materials $6,566 $1,270 $1,475 2,000 5,000 Tree Maintenance -- $9,980 $1,720 $15,980 $15,000 Water $2,897 $3,355 $2,360 $1,455 $3,000 Expenditure Total $25,858 $ 21,605 $19,555 $33,435 $37,000 Assessment Revenue $16,632 $16,632 $16,632 $16,632 $16,632 Excess / (Shortfall) ($9,226) ($4,973) ($2,923) ($16,803) ($20,368) As listed in the table above, any excess funds are held in the Cypress Hollow Restricted Fund to be used for special or significant rehabilitation or maintenance work, and shortfall amounts are either funded from the Cypress Hollow Restricted Fund balance or funded from the General Fund. In addition to routine annual maintenance activities, park infrastructure needs renewal about every 20 years. For example, in 2009, the Town spent $40,000 rehabilitating the park area. CLIMATE IMPACT Staff has determined this action will have no direct climate impact on 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 Town Council Meeting May 01, 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. Adopt a Resolution Approving the Annual Engineer’s Report and Declaring Intent to Levy and Collect Assessments within the Landscape and Lighting District and Setting a Time and Place for Public Hearing. Exhibit(s): 1. Engineer’s Report for Fiscal Year 2024/2025 2. Resolution Approving the Annual Engineer’s Report and Declaring Intent to Levy and Collect Assessments within the Landscape and Lighting District and Setting a Time and Place for Public Hearing Prepared By: David O. Eshoo, Engineering Manager EXHIBIT 1 Annual Engineer’s Report Fiscal Year 2024/2025 Draft April 19, 2024 Landscaping and Lighting District, Cypress Hollow Town of Tiburon Marin County, California Landscaping and Lighting Assessment District – Cypress Hollow Annual Engineer’s Report Fiscal Year 2024/2025 Intent Meeting: May 1, 2024 Public Hearing: May 15, 2024 Draft April 19, 2024 Annual Engineer’s Report Fiscal Year 2024/2025 Draft April 19, 2024 Landscaping and Lighting District, Cypress Hollow Landscaping and Lighting Assessment District – Cypress Hollow Annual Engineer’s Report Fiscal Year 2024/2025 The undersigned hereby submits the enclosed report as directed by the Town Council of the Town of Tiburon. April 19, 2024 John Moe, PE, PLS Town Engineer Town of Tiburon, Marin County, California Date I hereby certify that the enclosed Engineer’s Report, together with the Assessment and Assessment Diagram thereto attached, was filed with me on the ________ day of May 2024. Lea Dilena, Town Clerk Town of Tiburon, Marin County, California I hereby certify that the enclosed Engineer’s Report, together with the Assessment and Assessment Diagram thereto attached, was approved and confirmed by the Town Council of the Town of Tiburon, Marin County, California on the ________ day of May 2024. Lea Dilena, Town Clerk Town of Tiburon, Marin County, California Annual Engineer’s Report Fiscal Year 2024/2025 Draft April 19, 2024 Landscaping and Lighting District, Cypress Hollow 1. INTRODUCTION The Town of Tiburon (Town) annually levies and collects a special assessment in the Cypress Hollow area in order to provide and maintain improvements within the area. The Landscaping and Lighting District in Cypress Hollow (District) was formed in 1990 by the County of Marin to provide and continue the operation and maintenance of public improvements installed as part of the development that benefit the properties with the District. In 1998, the Cypress Hollow subdivision was annexed into the Town, and the Cypress Hollow Landscape and Lighting District was transferred to the Town of Tiburon. The District was formed and assessments have been levied annually pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (1972 Act). This Engineer’s Report has been prepared pursuant to Chapter 1, Article 4 of the 1972 Act (Streets and Highways Code Section 22565 et seq). This Report includes a description of the improvements to be maintained and services, and an estimate of the costs to maintain and service the improvements, a diagram for the District, and the proposed annual assessments for Fiscal Year 2024/2025. The Report apportions the costs to each lot or parcel in proportion to the estimated special benefits to be received from the maintenance of the improvements. 2. DESCRIPTION OF IMPROVEMENTS The Town levies and collects assessments from the parcels in the District to maintain and service the landscaping improvements and associated appurtenances located within the public right of way, public lots, and dedicated easements. The improvements maintained and serviced within the District are the following areas within the Cypress Hollow development: 1) Landscape maintenance within the 25-foot sanitary sewer easement on the east boundary. 2) Entry landscaping and irrigation at the intersection of Cypress Hollow Drive and Bay Vista Drive. 3) Landscape maintenance within the 30-foot storm drainage easement in the southwest boundary area. 4) Maintenance and service of the park site located at the intersection of Cypress Hollow Drive and Rancho Drive. The improvements installed, maintained and serviced generally include but are not limited to: landscaping, planting, shrubbery, trees, grass other ornamental vegetation, irrigation systems, hardscapes and fixtures, ornamental structures and facilities, curbs, gutters, walls, sidewalks or paving, drainage, electrical facilities, playground equipment, shade structures, play courts, public restrooms, and paseos/trails. District funds are used for the maintenance and servicing including, but not limited to, labor, electrical energy, water, materials, contracting services, administration, reserve, and other expenses necessary for the satisfactory maintenance and servicing of these improvements. Maintenance and servicing also includes cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the removal of trimmings, rubbish, debris, other solid waste; and pest control; the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; and the replacement of facilities. Annual Engineer’s Report Fiscal Year 2024/2025 Draft April 19, 2024 Landscaping and Lighting District, Cypress Hollow 3. ESTIMATE OF COSTS The estimated costs for the operation, installation, maintenance, and servicing of the facilities for Fiscal Year 2024/2025 are shown below. The cost estimate includes anticipated water and electricity use, materials, contract services, labor costs, and annual carryover costs. Item Annual Cost Annual Maintenance Services (Cost Recovery) $14,000 Materials & Supplies $5,000 Water $3,000 Tree Maintenance 15,000 Total Cost $37,000 Fund Analysis Estimated Beginning Fund Balance (7/1/2024) $35,280 Estimated Annual Assessment Revenues $16,632 Estimated Expenditures ($37,000) Estimated Town Contribution (General Fund) - Estimated Ending Fund Balance (6/30/2025) $14,912 4. METHOD OF APPORTIONMENT The 1972 Act requires that the net amount to be assessed may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits received by each lot or parcel. The Method of Apportionment is based upon the relative special benefit derived from the improvements and conferred upon the real property within the District over and above the general benefit conferred upon the real property within the District or to the public at large. Landscaping, planting, shrubbery, trees, grass and other ornamental vegetation, irrigation systems, hardscapes and fixtures, ornamental structures and facilities, curbs, gutters, walls, sidewalks or paving, drainage, electrical facilities, playground equipment, shade structures, play courts, paseos/trails, and appurtenant facilities, if well maintained, confer a particular and distinct special benefit upon real property within the District by providing beautification, shade and positive enhancement of the community character, attractiveness and desirability of the surroundings, and easily accessible outdoor recreation opportunities. Additionally, these amenities contribute to a specific increase in property desirability to parcels within the District. To apportion the estimated costs of the District during any fiscal year, each of the parcels within the District is deemed to receive equal special benefit from the improvements. The assessment per parcel Annual Engineer’s Report Fiscal Year 2024/2025 Draft April 19, 2024 Landscaping and Lighting District, Cypress Hollow is calculated by dividing the total assessment amount by the total number of parcels within the District to determine the annual assessment amount per parcel. 5. PROPOSED ASSESSMENT FOR FISCAL YEAR 2024/2025 The Fiscal Year 2024/2025 assessments for the District will remain the same as the Fiscal Year 2023/2024 assessments which is $378 per parcel per year. The amount of the assessment has not changed since Cypress Hollow annexed into Tiburon and the Town took over maintenance from the County in 1998. The assessment calculation is shown in the table below. Total Annual Assessment $16,632 Number of Assessed Parcels 44 Annual Assessment per Parcel $378 6. ASSESSMENT DIAGRAM An assessment diagram for the District is included on the following page. The parcels within the District consist of all lots, parcels and subdivisions of land within these boundaries as described in this Report and shown on the Marin County Assessor's parcel maps. The lines and dimensions shown on the Marin County Assessor's parcel maps for the current year are incorporated herein by reference and made part of this Report. The following diagram shows the boundaries of the District for Fiscal Year 2024/2025. This diagram along with the Assessment Roll incorporated in this Report constitutes the District Assessment Diagram for Fiscal Year 2024/2025. Annual Engineer’s Report Fiscal Year 2024/2025 Draft April 19, 2024 Landscaping and Lighting District, Cypress Hollow Annual Engineer’s Report Fiscal Year 2024/2025 Draft April 19, 2024 Landscaping and Lighting District, Cypress Hollow 7. FISCAL YEAR 2024/2025 ASSESSMENT ROLL The Fiscal Year 2024/2025 assessment roll for the District is shown in the following table and will be forwarded to the County upon completion of the public hearing process. APN ADDRESS AMOUNT APN ADDRESS AMOUNT 034-012-57 110 Monterey Drive $378.00 034-394-01 10 Monterey Drive $378.00 034-392-02 10 Cypress Hollow $378.00 034-394-02 20 Monterey Drive $378.00 034-392-03 20 Cypress Hollow $378.00 034-394-03 30 Monterey Drive $378.00 034-392-04 30 Cypress Hollow $378.00 034-394.04 40 Monterey Drive $378.00 034-392-05 40 Cypress Hollow $378.00 034-394-05 50 Monterey Drive $378.00 034-392-06 50 Cypress Hollow $378.00 034-394-06 60 Monterey Drive $378.00 034-392-07 60 Cypress Hollow $378.00 034-394-07 70 Monterey Drive $378.00 034-392-08 70 Cypress Hollow $378.00 034-394-08 80 Monterey Drive $378.00 034-392-09 80 Cypress Hollow $378.00 034-394-09 90 Monterey Drive $378.00 034-392-10 145 Rancho Drive $378.00 034-394-10 100 Monterey Drive $378.00 034-393-01 110 Rancho Drive $378.00 034-394-11 60 Baccharis Place $378.00 034-393-02 120 Rancho Drive $378.00 034-394-12 50 Baccharis Place $378.00 034-393-03 130 Rancho Drive $378.00 034-394-13 40 Baccharis Place $378.00 034-393-04 140 Rancho Drive $378.00 034-394-14 30 Baccharis Place $378.00 034-393-05 150 Rancho Drive $378.00 034-394-15 20 Baccharis Place $378.00 034-393-06 160 Rancho Drive $378.00 034-394-16 10 Baccharis Place $378.00 034-393-07 170 Rancho Drive $378.00 034-394-18 185 Rancho Drive $378.00 034-393-08 180 Rancho Drive $378.00 034-395-01 35 Monterey Drive $378.00 034-393-09 190 Rancho Drive $378.00 034-395-02 45 Monterey Drive $378.00 034-393-10 200 Rancho Drive $378.00 034-395-03 55 Monterey Drive $378.00 034-393-11 210 Rancho Drive $378.00 034-395-04 65 Monterey Drive $378.00 034-012-53 220 Rancho Drive $378.00 034-395-05 75 Monterey Drive $378.00 EXHIBIT 2 Tiburon Town Council Resolution No. 05/01/2024 1 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE ANNUAL ENGINEER’S REPORT AND DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE AND LIGHTING DISTRICT IN THE CYPRESS HOLLOW SUBDIVISION AND SETTING A TIME AND PLACE FOR PUBLIC HEARING WHEREAS, on July 3, 1990 the County of Marin established a Landscape and Lighting District in Cypress Hollow; and WHEREAS, the County of Marin received assessments from the parcels therein for the purpose of operating and maintaining the following areas: (1) landscaping and irrigation of the 25-foot sewer sanitary easement on the east boundary, (2) entry landscaping and irrigation of the 30-foot storm drainage easement in the southwest boundary area, and (3) ownership and maintenance of the park site, all as part of the Cypress Hollow Development; and WHEREAS, in December 1998 the Town of Tiburon annexed the Cypress Hollow Area, and in April 1999 accepted the Grant Deed from the County of Marin for the Cypress Hollow Public Park; and WHEREAS, the Town of Tiburon, after completing annexation of the parcels in the Cypress Hollow District, stated its intention and continued the operation and maintenance activities of the Cypress Hollow Landscape and Lighting District; and WHEREAS, The Town Engineer has prepared and filed with the Town Clerk and Town Council the annual Engineer’s Report for Fiscal Year 2024/2025, to which reference is hereby made for a full and detailed description of the existing improvements, the boundaries of the assessment district, and the proposed assessments. WHEREAS, the Town Council desires to move forward with proceedings to levy the Fiscal Year 2024/2025 assessments. NOW THEREFORE IT IS RESOLVED, as follows: Section 1. The Fiscal Year 2024/2025 assessments for the District will remain the same as the Fiscal Year 2023/2024 assessments. Section 2. The Town Council approves the annual Engineer’s Report and declares its intention to levy and collect an assessment for Fiscal Year 2024/2025. Section 3. Notice is hereby given that on the 15th day of May 2024, at the hour of 6:30 pm, or soon thereafter, in the regular meeting place of the Town Council is hereby fixed as the time and place for a public hearing when and where all interested persons shall be heard on the question of the levy and collection of the proposed assessments. Written protests may be filed with the Town Clerk at any time prior to the conclusion of the hearing. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by the protesting person or persons. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, on May 1, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Tiburon Town Council Resolution No. 05/01/2024 2 _________________________________ ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: ___________________________________ LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 3 4855-4686-9430 v1 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Consider Authorizing the Public Works Operations Manager to Execute a Professional Services Agreement for Property Management Services Related to Town Owned Housing Units. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Town Council to consider authorizing the Public Works Operations Manager to execute a Professional Services Agreement with Giuliani Property Management to assist staff in managing (9) town-owned below market rate condominiums within the Point Tiburon Marsh Condominium Complex. RECOMMENDED ACTION(S) 1. Authorize the Public Works Operations Manager to execute a Professional Services Agreement (Exhibit 1) with Giuliani Property Management for property management services. BACKGROUND The Town of Tiburon owns nine below market rate condominiums within the Point Tiburon Marsh subdivision. The Town in turn rents these units to Town employees, or employees of Tiburon peninsula public agencies, in accordance with the Town’s adopted policy. It has been the Town’s desire to purchase units when they become available to increase affordable housing provided by the Town. Over the past few years, the Town has acquired multiple units, increasing the number of units that staff are responsible for managing. Currently, the Public Works Operations Manager is responsible for management of real property owned by the Town, including leasing, rent collection, capital improvements, maintenance requests, after hours response, and all communications with the Point Tiburon Marsh Association related to the Point Tiburon Marsh units. As the number of Town owned units have increased, more staff time is required to manage and maintain them. Staff proposes to engage the services of a property management company with a scope of services to include: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 1, 2024 Agenda Item: CC-3 Town Council Meeting May 1, 2024 TOWN OF TIBURON PAGE 2 OF 3 4855-4686-9430 v1 1. Responding to tenant inquiries 2. Collection of rent (including assistance with leases and annual rent increases) 3. Handling maintenance requests and minor repairs 4. After hours response for urgent issues Pursuant to the Town’s municipal code and policies on service contracts, staff solicited proposals for property management services from four companies within the area. Out of the four companies contacted, two companies did not respond after multiple attempts to contact them, one company responded stating they were unable to take on new customers, and one company, Giuliani, Property Management, responded with availability and interest in working with the Town. ANALYSIS Staff has prepared a Draft Professional Services Agreement (PSA) for the proposed services to be provided, with copy of the draft PSA attached as Exhibit 1 and a detailed description of the services to be provided attached as Exhibit 2. Staff is recommending the Town Council authorize the Public Works Operations Manager to execute PSA with Giuliani Property Management. The business is based in Marin County and the owners have provided documentation indicating that they have the requisite experience to provide the Town excellent service. CLIMATE IMPACT Staff anticipates no direct impact to the Towns contribution to climate change. FISCAL IMPACT The Town accounts for all financial activity related to town owned housing units (revenue, expenditures, repairs, purchases) in the Town Owned Housing Reserve Fund (Fund 380), which is separate from the General Fund (Fund 101). The current balance in Fund 380 is approximately $17,500. Currently, assuming full occupancy and modest maintenance costs, staff anticipates the Fund balance increasing by approximately $30,000/year. This estimated increase in fund balance would be reduced by the costs associated with this proposal. The following is an estimate of one time and ongoing expenses related to the proposal. One Time Expenses Initial Property Set up: $75 for the first unit + $25/additional unit = $275 Total Maintenance Reserve Fund: $500/unit = $4,500 (Staff notes this money will be held in reserve by the contractor to facilitate repairs to units as needed) Total one-time expenditure = $4,775 (Incurred in the current Fiscal Year-FY24) Ongoing Annual Expenses Management and rent collection: $200 per unit per month = $21,600 annually Administrative fees: $125 per year Total annual expenses = $21,725 Total estimated partial year cost for the current Fiscal Year (FY 24) = $3,725.00 Town Council Meeting May 1, 2024 TOWN OF TIBURON PAGE 3 OF 3 4855-4686-9430 v1 Staff believes the FY 24 Budget (current FY) has adequate funding to absorb the anticipated one-time and ongoing expenses that would be incurred in the current FY ($8,500.00), therefore, no Budget Amendment would be required if Council approves the proposal. Moving forward staff will include the additional expenses in the proposed Fiscal Year 2025 budget. 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. Authorize the Public Works Operations Manager to execute a Professional Services Agreement (Exhibit 1) with Giuliani Property Management for property management services. Exhibit(s): 1. Professional Services Agreement 2. Scope of Services Prepared By: Patrick Kerslake, Public Works Operations Manager EXHIBIT 1 Town of Tiburon 7/20 1 Agreement for Professional Services 4859-6997-0102 v1 TOWN OF TIBURON 1505 Tiburon Boulevard, Tiburon, CA 94920 AGREEMENT FOR PROFESSIONAL SERVICES Point Tiburon Marsh Condominium Property Management Services This Professional Services Agreement (the "Agreement") is dated May 1, 2024 and is by and between the Town of Tiburon, a public body of the State of California ("Town") and Giuliani Property Management, a property management firm relating to Property Management Services (“Services"). RECITALS: WHEREAS, Government Code section 53060 permit 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. DESCRIPTION OF CONSULTANT’S SERVICES. Services are as described in Exhibit 1. 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. 3. EFFECTIVE DATE AND TERM. The effective date of this Agreement is May 1, 2024. The agreement may renew annually upon agreement by the Town and Giuliani Property Management. 4. PERSONNEL SUPPLIED FOR CONSULTANT’S SERVICES. Consultant shall use only the personnel listed below (resumes attached) in performing the Services. (If subconsultants are used, list the firm, personnel and attach resumes). Shannon Giuliani, Michelle Giuliani, Eugene Giuliani__________________________________ ___________________________________________________________________________ 5. TERMS AND CONDITIONS. Consultant shall perform the Services identified herein, in accordance with the terms and conditions of this Agreement, including without limitation, terms regarding Compensation, Schedule, Personnel, Annex “A” Agreement Terms and Conditions, and Annex “B” Insurance. Consultant acknowledges its opportunity to negotiate such terms and conditions. 6. LIMITATIONS. Changes made to printed Terms and Conditions on this Agreement are null and void unless approved in writing by the Town. 7. USE OF AGREEMENT. The Agreement number must appear on all invoices and correspondence. Town of Tiburon 7/20 2 Agreement for Professional Services 4859-6997-0102 v1 Send invoices in duplicate to Town of Tiburon, Department of Administrative Services, 1505 Tiburon Boulevard, 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 Patrick Kerslake 1505 Tiburon Boulevard Tiburon, CA 94920 Phone: (415) 435-7399 Fax: (415) 789-9256 Email: pkerslake@townoftiburon.org Consultant: Shannon Giuliani Broker/Owner 1583 Sir Francis Drake Blvd. Fairfax, CA 94930 (415) 944-1313 shannon@g-prop.com IN WITNESS WHEREOF the parties have executed this Agreement in duplicate as of the dates identified below. TOWN OF TIBURON: CONSULTANT: [Signature of Owner’s Representative] [Signature of Consultant] Patrick Kerslake, Public Works Operations Manager Shannon Giuliani, Owner/Broker Date: Date: Attest: [Town Clerk] Approved as to form and procedure: Town Attorney END OF DOCUMENT Town of Tiburon 7/20 Annex A - 1 Agreement for Professional Services 4859-6997-0102 v1 ANNEX A – AGREEMENT ORDER TERMS AND CONDITIONS This is an Annex to the Agreement for Professional Services Agreement dated 5/1/2024 (“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 specific experience and expertise in professional services of like nature and complexity of the Services. 1.03 Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its employees, agents, or subcontractors by federal or state law, Consultant warrants that such license has been obtained, is valid and in good standing, and shall be kept in effect all times during the term of this agreement. 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 be professional in appearance, comply with the requirements of this Agreement and with 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. If requested by Town to facilitate the payment process Town of Tiburon 7/20 Annex A - 2 Agreement for Professional Services 4859-6997-0102 v1 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 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 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. 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 (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, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) (collectively “Liabilities”), 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 Town of Tiburon 7/20 Annex A - 3 Agreement for Professional Services 4859-6997-0102 v1 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 sole negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all 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 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. 2.09 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 Town of Tiburon 7/20 Annex A - 4 Agreement for Professional Services 4859-6997-0102 v1 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 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 may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever Town determines that such termination is in Town’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. Upon termination, the Consultant shall promptly issue payment to the Town for any funds collected or held on their behalf including but not limited to rents and unexpended reserve funds. 2.010 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 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, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause. 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 Town of Tiburon 7/20 Annex A - 5 Agreement for Professional Services 4859-6997-0102 v1 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” 4859-6997-0102 v1 7/20 Annex B - 1 Agreement for Professional Services ANNEX B – INSURANCE REQUIREMENTS This is an Annex to the Agreement for Professional Services Agreement dated 5/1/2024 (“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, in a form satisfactory to Town and with an insurance carrier 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 or result from the acts or omissions of Consultant 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 Consultant will provide the Town with a copy of their personal automobile liability insurance policy. 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 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 4859-6997-0102 v1 7/20 Annex B - 2 Agreement for Professional Services 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 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” EXHIBIT 2 Exhibit 1 Giuliani Property Management Scope of Services Point Tiburon Marsh Condominium Property Management Services 1 4872-3239-0070 v2 Giuliani Property Management will provide property management services as follows: 1. BROKER ACCEPTANCE: The Property Manager accepts the appointment and responsibilities outlined in this Agreement, and agrees to: 1.a. Exercise due care and diligence in the management of the Property, adhering to all applicable laws and regulations. 1.b. Provide the full services of its firm, including but not limited to, the leasing, maintenance, operation, and overall management of the Property. 2. AUTHORITY AND OBLIGATIONS: The owner hereby grants Broker the authority and power, at Owner’s expense to: 2.a. Receipt of Security Deposit: Broker shall collect tenant’s security deposit by placing security deposit in the Trust Account Escrow to be disbursed in accordance with the terms of each tenant’s lease and government regulations. The Owner shall be responsible to tenants for the return of security deposits on security deposits held by the Owner. 2.b. Property Reserve, Expenses, Maintenance: The Owner will maintain a reserve of $500.00 in the trust account managed by the Broker on behalf of the Owner. Upon instruction from the Owner, the Property Manager shall pay expenses and costs for the Property from the Owner’s funds held by the Broker. Expenses for maintenance, alteration, refurbishing, or repair shall not exceed $500.00 per item or trade unless: a. Specifically authorized by the Owner; b. Reasonably deemed an emergency by Broker; c. Legally required for code violation correction or uninhabitable condition, regardless of cost. Any and all work above $1,000 will be contracted for by the Owner. 2.c. Reports, Notices, and Signs: Comply with federal, state, or local law requiring delivery of reports or notices and/or postings of signs or notices. 2.d. Trust Account & Funds: The Broker shall deposit all receipts collected on behalf of the Owner, minus any sums properly deducted or disbursed, into a non-interest-bearing trust account at a financial institution insured by an agency of the United States government. This trust account must be separate from the Broker's personal accounts. The Broker shall manage the trust account in strict compliance with the regulations and standards set forth by the California Department of Real Estate (DRE). This includes adherence to all applicable laws, rules, and guidelines governing the handling of trust funds within the State of California. All funds received by the Broker on behalf of the Owner will be promptly placed in the trust account. The Broker is authorized to disburse amounts from the trust account to pay and satisfy obligations incurred on behalf of the Owner. The Broker shall not be held liable in the event of bankruptcy or failure of the financial institution where the trust account is maintained. 2.e. Reporting and Disbursements: Owner authorizes Broker to maintain accurate records of all monies received and disbursed in connection with the management of the property. Monthly statements of receipts and disbursements to be submitted by the 25th day of the following month. 3. Advertising & Leasing: Owner will advertise and lease each unit and is responsible for all associated costs and expenses The Owner shall be responsible for selecting tenants in conformance with the adopted Town policy on renting the units. 4. Property Set-Up Fees: There will be a one-time set-up fee of $75 per property, $25 for each additional unit at the same property address. This fee covers setting up property details in the management software and files. 5. Special Services: Giuliani Property Management is responsible for providing standard property management services as outlined in the Management Agreement. Any additional specialized services will be billed at a rate Exhibit 1 Giuliani Property Management Scope of Services Point Tiburon Marsh Condominium Property Management Services 2 4872-3239-0070 v2 of $100 per hour. Examples of special services include, but are not limited to: court time appearances; evidence preparation on owner’s behalf for eviction issues or security deposit disputes; legally disposing of any personal items effects of property left behind or abandoned by tenants; Management Agreement documents updated as required for ownership transfer; other special services as requested. 6. Annual Administrative Fee: Annual Administrative fee will be charged per property in the month of December of each calendar year. The fee is $75 for 1-4 units, $125 5+ units. This fee is for 1099 preparation and other various expenses like postage and paperwork management from the year. 7. Lockbox: The Owner authorizes Broker to use a lockbox, allowing Broker entry into the Property to provide the services specified by this Agreement. 8. Mortgage Payments, Homeowners Association Dues (HOA), Homeowners Insurance, and Property Taxes: Owner will be responsible for making direct payments to the respective recipients for mortgage, Homeowners Association Dues (when applicable), Homeowners Insurance, and Property Taxes. 9. Owner Contribution of Funds: Owner agrees to deliver funds immediately to Giuliani Property Management in order to pay for any repairs, updates, invoices, etc. that have been approved by the parties in writing. 10. Home Warranties Policy: Giuliani Property Management does not work with home warranties due to lack of quality vendors and complicated procedures to ensure the property and tenant are held at the highest standard of care. 11. Pets & Assistant/Emotional Support/Service Animals Acknowledgement: Owner understands and acknowledges that state and federal laws govern assistant/emotional support/service animals. These animals are not legally considered pets; therefore, pet policies do not apply to assistant/emotional support/service animals. 12. Property Rekey: Owner understands that the property will be rekeyed between each tenancy at owner’s expense. 13. Utilities and Service Contracts: Broker can set-up utility contracts (electricity, gas, water, garbage, etc.) on the behalf of owner. The owner must update the utility companies with their name, in c/o Giuliani Property Management, and billing address (1583 Sir Francis Drake Blvd, Fairfax, CA 94930) while under our management. Upon the Management Agreement termination date, the owner is responsible to transfer these contracts back to their name and address. 14. Insurance: Owner agrees to carry, at Owners expense, bodily injury, property damage, and public liability insurance with customary limits for like property. The policy will be written on a comprehensive general liability form and will name Giuliani Property Management as an additional insured. A certificate of insurance will be furnished to Broker on demand. 15. Attorney/Legal Advice and Representation: Broker does not provide legal advice to Owner, or undertake legal action on behalf of Owner, and Owner agrees to rely solely on the advice received from appropriate professionals. 16. Indemnification: The Owner shall indemnify, protect, defend, and hold harmless the Broker from and against any and all claims, damages, costs, liens, judgments, penalties, attorneys’ fees, accountants’ fees, expenses, and/or liabilities arising out of, involving, or in connection with the Premises or matters which are the subject of this Agreement, as well as claims for personal injuries, property damages and interference with tenancies, Exhibit 1 Giuliani Property Management Scope of Services Point Tiburon Marsh Condominium Property Management Services 3 4872-3239-0070 v2 incurred or occurring on the Premises. This obligation will survive the termination of the Agreement. Owner shall not be obligated to indemnify Broker for Broker’s willful and/or gross negligence and/or breach of express warranties. In the event of any litigation, arbitration, or dispute involving an alleged violation by Broker, or Owner, a prior Owner or a prior Broker, or any of them together or separately, of any law pertaining to fair Agreement, fair credit reporting, environmental protection, rent control, taxes, wrongful eviction, the habitability of Premises, fair housing or discrimination of any kind, including, but not limited to, any law prohibiting arbitrary discrimination on the basis of race, sex, creed, color, family status religion, national origin, or mental or physical handicap, Owner shall pay all expenses incurred by Broker, including, but not limited to, reasonable attorneys’ fees and Broker’s costs and time, and any liability, fines, penalties. However, the Owner shall not be responsible to Broker for any such expenses in the event Broker is finally adjudged to have violated any such law and acted personally or beyond the scope of the agency relationship intended herein, and not in a representative or agency capacity. Owner shall additionally indemnify, protect, defend and hold harmless the Broker from and against any and all claims, damages, costs, liens, judgments, penalties, attorneys’ fees, accountants’ fees, expenses and/or liabilities arising out of, involving, or in connection with any incorrect or incomplete information supplied by the Owner, or from any material facts that the Owner knows but fails to disclose including dangerous or hidden conditions on the Premise(s). 17. Management Termination: To terminate the Management Agreement, a signed and dated 30-Day Notice is necessary (email is an acceptable form of notice). Fee Structure: Management and rent collection: $200 per unit per month Property set up fees: $75 per unit + $25 for each additional unit (one-time fee) Administrative fees: $125 annually for all units Specialized fees outside of scope: $100 per hour Maintenance reserve fund: $500 per unit 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 to Diversity Inclusion Task Force Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will consider making one appointment to the Diversity Inclusion Task Force. RECOMMENDED ACTION(S) 1. Make one appointment to the Diversity Inclusion Task Force; or 2. Continue the item and direct staff to continue to accept applications for the open seat. BACKGROUND The Diversity Inclusion Task Force has had one vacancy since January 16, 2024 when Anette Harris submitted her resignation from the Task Force. The vacancy was advertised according to regular appointments procedure. The first application period closed on February 29, 2024. At the March 6, 2024 Town Council meeting, the Council requested the application period be extended, and the second application period closed on April 5, 2024. Staff received eight applications for the position: Gautam Malhotra, Thomas Tanner, Sam Stewart, David Bloch, Argavan Nilforoush, Mei-Ling Portugues Brennan, Hawi Awash, and Sharmeen Ahmed. Their applications are attached as Exhibits 1-8, respectively. The Council interviewed all eight candidates over the course of three meetings. Tonight, the Council is considering making one appointment to the Task Force. ANALYSIS No further analysis provided. FINANCIAL IMPACT TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 1, 2024 Agenda Item: AI-1 Town Council Meeting May 1, 2024 TOWN OF TIBURON PAGE 2 OF 2 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. Make one appointment to the Diversity Inclusion Task Force; or 2. Continue the item and direct staff to continue to accept applications for the open seat. Exhibit(s): 1. Gautam Malhotra Application Materials 2. Thomas Tanner Application Materials 3. Sam Stewart Applications Materials 4. David Bloch Application Materials 5. Argavan Nilforoush Application Materials 6. Mei-Ling Portugues Brennan Application Materials 7. Hawi Awash Application Materials 8. Sharmeen Ahmed Application Materials Prepared By: Lea Dilena, Town Clerk EXHIBIT 1 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. EXHIBIT 2 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 Ă 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: Thomas Tanner 2/17/2024 Tiburon Ca 949420 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. Thomas Tanner I have lived in Tiburon for a little over 8 years. I just simply love living here, and want to find ways to contribute to my community. I also have a passion for diversity. 1. I have a Masters of Science Degree in Human Resources Management.2. I have spent my entire 20+ year career in Talent Acquisition roles.3. Those roles include working in companies that are required by the government to have Affirmative Action Plans, and are monitored by the Office of Federal Contract Compliance Programs OFCCP.4. I have created diversity programs, diversity teams, hiring targets and measures, and arranged panels on diversity.5. I love to champion inclusion, diversity of thought, and equity. Page 1 | 3 Thomas C. Tanner • ( www.linkedin.com/in/thomas-c-tanner-ms-/ • Tiburon, CA Operations Manager | Recruitment | HR Senior-level operations, project, and HR manager with 20 years of success leading highly diverse industries and environments. Highly effective, resourceful leader experienced in directing cross-functional teams through transformative HR solutions, strategic staffing, and human capital programs via recommendations and support initiatives. Strategic program manager excelling in leading teams with commitment to excellence for both operations and talent acquisition in alignment with business objectives. Expert planner and negotiator continuously fostering productive relationships, promoting process improvements, and encouraging strong engagement across multiple organizational levels. Areas of Expertise • Human Resources • Strategic Planning • Recruiting Lifecycle Management • Process Improvement • Operations Management • Change Management • Talent Development / Acquisition • Cross-Functional Leadership • Diversity / Inclusion Methodology Accomplishments • Seamlessly designed and executed process improvement efforts for global recruiting efforts. • Implemented operational processes for $10M project portfolio, identifying strategic opportunities to help struggling teams. • Introduced 2017 book of work of $7M/field projects; bettered physical records, assessments, information governance, etc. Career Experience US Tech Solutions (Facebook), Menlo Park, CA November 2019 – Present Program Manager Scope, develop, and execute process discovery projects with an internal goal of maximizing and improving global recruiting operations. Deliver expert recommendations across recruiting products and functional operations, driving area improvements in upper, middle, and lower funnels. Complete extensive research within data privacy and legal compliance projects. • Consulted on process overhaul for interviewer optimization. • Scoped, executed, and made recommendations to improve efficiency and effectiveness of global interview scheduling. • Researched and developed recommendations for data privacy and compliance processes within Facebook’s global applicant tracking system. • Facilitated stakeholder realignment sessions including product, recruiting leadership, change management, and operations teams. • Developed strong relationships and credibility across multiple cross-functional teams. BILL.COM, Palo Alto, CA 2018 – 2019 Director, HR Operations Spearheaded the hiring, training, and oversight of a 4-person full-time/contracted HR Operations Team, directly controlling HRIS implementation, onboarding and offboarding, immigration, and cross-functional process development. Efficiently documented all payroll processes, bringing company into compliance. Served as the Systems Administrator for HRIS. • Initiated project plans to revitalize a failed HRIS implementation. • Directed the successful integration of HRIS with performance management system and ADP payroll system, managing cross-functional project teams along with vendor integration teams. • Designated LOA vendor to better serve team members throughout leaves of absence. Pacific Gas and Electric Company (PG&E), San Francisco, CA 2016 – 2018 Operations Manager, Program Manager, Enterprise Records, Information Management Identified strategic opportunities to improve struggling teams, including tight collaboration with executive leadership in expanding team for more effective productivity throughout the service territory. Effectively managed people and attraction measures spanning a 35-member ERIM operations team across 30 locations. Executed all operational processes within a $10M project portfolio. • Designed and implemented safe work policies and procedures for highly perilous and complex field projects. Page 2 | 3 • Introduced the 2017 book of work which included $7M in field projects to improve physical records, assessments, information governance, and the indexing of legacy records. • Drove project scope for numerous projects, initiating successful milestones, on-time completion, and budget adherence. • Overhauled a failed software implementation for a physical records management tool. • Spearheaded the integration SOW projects with 3rd part vendors through thoughtful communication and collaboration. • Inspired a highly-engage team through defined service territories, managing all lines of business enterprise-wide. • Engineer a successful talent strategy to include safety awareness and cost reduction initiatives for the ERIM operations team and overall business functions. Pacific Gas and Electric Company (PG&E), San Francisco, CA 2015 – 2016 Principal, Process Improvements and Change Management Consultant Directed all operations to ensure excellence and effectiveness, consistently improving daily HR functions while leading a matrixed team of 20 through the end-to-end documentation and improvement process for talent management. Initiated the utilization of new recruiting tools, methodologies, and process controls. Integrated change and project metrics, ultimately identifying gaps and improvement criteria for talent management, testing operations, and recruiting. Provided HR data quality and analysis solution to refine HR performance. • Accelerated and revamped stalled teams and programs using large-scale change interventions and improvements. • Analyzed action results to identify key deliverables in the HR talent management lifecycle. • Mentored and coached teams and leadership through using appropriate operational excellence concepts, including Lean, process improvements, change management, and project management activities. Pacific Gas and Electric Company (PG&E), San Francisco, CA 2012 – 2015 Manager, Recruiting for IT and Corporate Services Structured effective procedures and collaborated with CIO to design and develop high-performing teams that aligned with company's strategic business objectives. Evaluated existing recruiting teams, identifying and implementing improvement metrics for the IT monthly business review dashboard. • Minimized member placement time by 24%, subsequently bolstering customer satisfaction at executive levels. • Fortified relationships among executives and direct reports by initiating activities required for recruiting resources. • Adopted critical HR and companywide solutions for lines of business to drive continuous improvement, recruiting diversity, OFFCC compliance, and employer brand. • Streamlined HR intake procedure to engage customers an exchange information from IT to HR. • Introduced the internship program and leveraged best practices for gas and electric functions. Pacific Gas and Electric Company (PG&E), San Francisco, CA 2011 – 2012 Sr. Expert Recruiter for IT and Corporate Services Served as business consultant and partner focused on implementing best practices in talent management efforts within all operating units. Designed comprehensive recruiting strategies for high-volume and high-turnover companies in partnership with CFO, Corporate Affairs, and Regulatory Affairs executives. Coordinated workflow metrics and the requisition procedures for 100+ positions annually. Performed quarterly recruiter forum geared towards developing community standings and sharing information across organizational platforms. • Directed new recruiters through procedures, policies, and communication strategies. • Secured recognition from leadership for work on employee engagement, safety, and team collaboration. • Designed a new associate program for CFO organization, achieving increased productivity, engagement, and retention. Additional Experience Accountants Incorporated, San Francisco, CA, Manager, Executive Search and Consulting Accountants Incorporated, San Francisco, CA, Lead Recruiter, Executive Search Accountants Incorporated, San Francisco, CA, Manager, Direct Hire Education Master of Arts in Human Resources Golden Gate University, San Francisco, CA Master of Arts in English San Francisco State University, San Francisco, CA Bachelor of Arts in English Page 3 | 3 San Francisco State University, San Francisco, CA Certifications & Awards Lean Six Sigma Green Belt Certification | Lean Six Sigma Yellow Belt Certification | Lean Six Sigma White Belt Certification Change Management Certification | Salesforce Systems Administration for HRIS | Envoy Immigration System 2018 Supply Chain Responsibility Award – Paper Reduction Strategies EXHIBIT 3 /0 "*!"(%"! " &&"!."%." ''##'"! %$$,'" $ 5949%"&-+%"+;8;64 #$3$'$%"-" 18592879/:7::               $":+6464+$'%"$$&"#$) %##"-#"' % 54&%#0&'%"#&"#$# $)$%-  )"Ă#$$#"+ ##%$$# $"$$'"'$ "#%-)%")%"'##$#"&$%"%$)- )%&',!(&"!&"%('"!& / #### $ ( "+ !%$#+  ' $"  )%" "## ""+ &%$"'"+" "# $#$+ "*+  "& "$# $ &&"#$)%## # / #### '"## %$ ' $ "  #)#$ "# "%# !%$# $ $# "'$$ $$"## / &$$#%($)$$$ $)$# / &$"#$'" #"" &"#$)%# / %/$"#$%""&" 1 ""#)"!%"2 ##!'   % ,$, ##!'!"% '"! "##, $"$  "$$.$ $)$$  ,, Samaruddin "Sam" Stewart 2/27/2024 Tiburon CA 94920 00 )#%$$$# $+ "$)$$$"## &#$&#) "")%/$ "#- $%", ,*"(,"('"&%)"!''&"%- '%,"(%##$('"!&!+#%!&- (&"&(% "',%$$ $$"##$$%$ %"") %*# "$'%$$"#- I am a two year resident of Tiburon with years of professional experience in policy development for Global Affairs/Public Policy at Google and as the technology sector liaison/Senior Advisor for the US Department of State. I have been living in the Bay Area for over a decade and during my time living in San Mateo County was an appointed Arts Commissioner where I advocated for and served as an advisor for the Board of Supervisors from 2014-2022. I am also fairly familiar with law enforcement practices as my spouse was in federal law enforcement for 15 years. Lastly, I am also the son of a first generation immigrant and have unique insight in diversity from my personal experiences. I have always been interested in supporting my community and have participated in both in county-level volunteer work as well as federal governmental service. I see this opportunity as a potential way to work on a larger team to advocate for the celebration of the diverse cultures existing in our community and also promote inclusive policies and learnings. EXHIBIT 5 /0 "*!"(%"! " &&"!."%." ''##'"! %$$,'" $ 5949%"&-+ %"+;8;64 #$3$'$%"-" 18592879/:7::               $":+6464+ $ '%"$$&"#$) %# # "-#" '   % 54&%# 0&'%"#&"#$#  $)$%-  ) "Ă #$$#"+ ##%$$# $"$ $'" '$  "#%- )%")%"'##$#"& $%"%$)- )%&',!(&"!&"%('"!& / #### $ ( "+ !%$#+  ' $"  )%" "## ""+ &%$"'"+" "# $#$+ "*+  "& "$# $ &&"#$)%## # / #### '"## %$ ' $ "  #)#$ "# "%# !%$# $ $# "'$$ $$"## / &$$#%($)$$$ $)$# / &$"#$'" #"" &"#$)%# / %/$"#$%""&" 1 ""#)"!%"2 ##!'   % ,$, ##!'!"% '"! "##, $"$  "$$.$ $)$$ ,, Argavan Nilforoush 03/18/24 Tiburon CA 94920 00 )#%$$$# $+ "$)$$$"## &#$&#) "")%/$ "#- $%", ,*"(,"('"&%)"!''&"%- '%,"(%##$('"!&!+#%!&- (&"&(% "',%$$ $$"##$$%$ %"") %*# "$'%$$"#- AN As an active member of Tiburon, I have co-chaired last year's and chaired this year's Persian New Year events, aiming to unite community members in joy and celebration. I maintain regular contact with members of the DITF, Chamber of Commerce, Town Council, and other key figures in Tiburon and Belvedere. I eagerly anticipate contributing ideas and implementing strategies to enhance recognition, not only for the Persian community but for everyone who resides here and enjoys visiting here. I possess several qualifications and experiences that make me a strong candidate for the Diversity Inclusion Task Force committee. With a passion for organizing events that foster unity, coupled with my upbringing in Toronto, Canada, and over a decade of residency in Marin with my two children and husband. I bring a diverse perspective to the table. I am deeply involved in various initiatives and am eager to contribute my enthusiasm to the committee's endeavors. EXHIBIT 6 ,ttal of this application, I certify that the home address I have listed above is my prirnary full-time reside £)-,Irv', "--d1 ;,,.U-J..v � ) /-v R;i 1.- 6,1 e Kj-vo v,v J • --::;:-- � P /1-r-"' t.Jl. J /rDJ/(v t {}_ !-,, X1 c d VJ r/11 o-.., J 9--11 L-h "e_, '1 lr'K1 V f 0 r €v( op l LJ 1 /J-1,-I(� ')-!V4ri A,,..l., A,, I fi._[ f w {J(/_ :J)-J. S . f/,p.vL-!Jdif,/Q_Ji-j"'-J)vo-Jµ cJ5mJ ./;µ, £3,f)uft,t.,IJ .,_'lJvJ,n!JJ1 ¾ J h /}-/'-' rsv 1 '-2 r, 7 /2 s of wo I-IL 9-i(l' t-i t..1..l,L, µv M (L1 v IJ-n .; u 1--fr.1-t, Itl-fld /J--./J ovr 12 ')Jtr/lJ ff i'/.p-tl--Lo_Ju.._ J..Jl. {Jve.4,n� _ '/)viµ '/ J.-J.clu. J i .;,...._. _hr,, � lw 4;J J l:u_ ,.,,.__,, Q,Jc- , IYflf b J..T tU.C n! c ,.J 1-J-., � /()I}) � ;; d V U,r,,,w-J, -ili I f-l} 6 4 -:;:::-/., t.-L -r: CO V ld C: d d l . 6 ; � VA--f V � -fr CJV (L cY U W )J 1 � Y P � ) .5 /1-1.,} v,YW'P{L.j l � L lilJ i vY'-· Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized as part of Town Council meeting materials. Page 2 of 2 In addition, I have lived in Tiburon for over 23 years. Tiburon is a great town with wonderful people I care about the Town of Tiburon and believe that I can make a difference to the DITF bringing my unique perspective of being a mixed race woman and first generation, immigrant, who has has worked in finance and now as a teacher at Tamalpais High School for the past several years. The invaluable experience I have obtained as a teacher educating students from diverse backgrounds has helped me in understanding the perspective of African American, Latino, Asian,, Asian, and other minority students and young people. I would like to bring my knowledge, unique perspective, and work experience to the DITF to help the DITF achieve its goals of creating additional diversity and inclusion in Tiburon, and help to eradicate any bias that may exist. I will send my resume under separate cover. Than you for your consideration. Mei-Ling Portugues Brennan Tiburon, Ca. 94920 EDUCATION Rensselaer Polytechnic Institute of Technology, Troy, N.Y 1982- 1987 B.S. and M.S. in Industrial and Management Engineering, Minor in Economics Other languages; Spanish (fluent), French PERMANENT TEACHING CREDENTIAL May 2015 BTSA Approved TEACHING CREDENTIAL May 2012 Dominican University of California, San Rafael Ca. Single Subject SB 2042 Content Teaching Creditial in Math, CLAD TEACHING EXPERIENCE Math Teacher; Advance Algebra, Geometry, Honors Geometry; Pre-Calculus, Honors-Precalcuus (9th – 12th) Tamalpais High Schoo, Mill Valley, Ca. Current “Permanent Full Time Teacher” Since 8/17 Lowell High School, San Francisco, Ca. Current “Permanent Full Time Teacher” Since 8/13 “Temporary Full Time Teacher” 1/13-6/13 Terra Linda High School, San Rafael, Ca. 1/12-12/12 . Guided students in the development of their analytical and problem solving skills via direct teaching, collaborative discovery work, group and class discussions and self-evaluation. . Designed lesson plans meeting content standards while emphasizing how new learning can be applied in the real world and connected to the understanding of other topics. . Developed students’ understanding of abstract math concepts using research projects with real world applications. . Provided math tutoring to Spanish speaking students in their native language. OTHER EXPERIENCE Relationship Management - Associate Robeco Investment Management, Value Equity Manager, Greenbrae, Ca. 2008- 2011 . Attended to institutional client inquiries and information needs regarding portfolio management, holdings and performance analysis, investment management agreements, accounting, compliance and/or regulatory issues. . Kept track of client’s asset allocation decisions, client’s pension consultants and any foreseen changes. Asset/Liability Management Consultant 2007 – 2008 . Consulted asset managers on liability driven investment issues and on the duration management of fixed income strategies to address asset/liability management isseus of Pension Plans. Mei-Ling Portugues Brennan , Tiburon, Ca. 94920 Portfolio Manager of Stable Value Wraps 1998–2007 Bank of America, N.A., Structured Products Group, San Francisco, Ca. • Established BofA as one of the top 3 providers of Stable Value Wraps, i.e. portfolio insurance, ‘wraps’, on Fixed Income Funds offered within Defined Contribution Plans. • Managed a wrap portfolio from inception and worked with teammates on strategies to grow the business. • Developed and strengthened relationships with key institutional clients. • Negotiated terms and pricing of new and existing wrap deals via a bidding process while exhibiting strong quantitative and analytical skills. Managed risk, identified revenue generating opportunities and executed deals. • Coached Operations and Risk Control Groups on building the infrastructure to support the business. Structured Notes Underwriter 1997- 1998 Bank of America, N.A., Structured Securities Group, San Francisco, Ca. • Coordinated sales and structuring of Agency Callable Notes with BA Securities and assisted with the management of U.S. Government agency relationships by arranging funding through the issuance of structured securities. • Negotiated terms and pricing of callable notes and embedded interest rate derivatives. Provided clients with efficient and accurate pricing and analysis. Executed trades with clients and derivatives traders. • Collaborated with outside securities dealers to source corporate, sovereign and other structured assets for the Structured Securities group and asset swap clients. Treasury Analyst Bank of America, San Francisco, Ca. 1995-1997 Credit Suisse Bank, Treasury, London 1992-1995 • Consulted the Bank on the strategic implementation of pricing models, risk models and portfolio management analytic tools for Asset/Liability management, Securities, Foreign Exchange and Interest Rate derivatives, and on information systems, reporting and operational issues. Assisted traders, and provided analysis and testing of models and portfolio management analytic tools. Citibank, Treasury, Puerto Rico, USA 1989-1991 • Arranged Bank funding for the Caribbean and Central America region. Managed Bank’s assets and liability positions and arranged interest rate derivatives hedges. Derivatives Portfolio Analyst 1987- 1989 J.P. Morgan, New York, N.Y. • Completed the J. P. Morgan Global Markets Training Program on fixed income, currency, equity, commodities and derivatives investments, portfolio theory and asset allocation principle. • Assisted interest rate derivative traders with pricing, risk, portfolio analysis and information systems tools. EXHIBIT 7 /0 "*!"(%"! " &&"!."%." ''##'"! %$$,'" $ 5949%"&-+%"+;8;64 #$3$'$%"-" 18592879/:7::               $":+6464+$'%"$$&"#$) %##"-#"' % 54&%#0&'%"#&"#$# $)$%-  )"Ă#$$#"+ ##%$$# $"$$'"'$ "#%-)%")%"'##$#"&$%"%$)- )%&',!(&"!&"%('"!& / #### $ ( "+ !%$#+  ' $"  )%" "## ""+ &%$"'"+" "# $#$+ "*+  "& "$# $ &&"#$)%## # / #### '"## %$ ' $ "  #)#$ "# "%# !%$# $ $# "'$$ $$"## / &$$#%($)$$$ $)$# / &$"#$'" #"" &"#$)%# / %/$"#$%""&" 1 ""#)"!%"2 ##!'   % ,$, ##!'!"% '"! "##, $"$  "$$.$ $)$$  ,, Hawi Awash 04/03/23 Tiburon CA 94920 00 )#%$$$# $+ "$)$$$"## &#$&#) "")%/$ "#- $%", ,*"(,"('"&%)"!''&"%- '%,"(%##$('"!&!+#%!&- (&"&(% "',%$$ $$"##$$%$ %"") %*# "$'%$$"#- Hawi Awash As a member of the Tiburon community, I am deeply committed to fostering a more inclusive and equitable environment for all residents. Serving on the Tiburon Diversity, Equity, and Inclusion Task Force aligns perfectly with my values and aspirations. I believe that diversity is our strength and that inclusivity is essential for a thriving community. Through my involvement in this task force, I aim to contribute my ideas, experiences, and perspectives to help shape policies and initiatives that promote diversity, equity, and inclusion in Tiburon. I am passionate about social justice and believe that everyone should have equal opportunities and representation regardless of their background. By serving on this task force, I see an opportunity to advocate for positive change, address systemic barriers, and ensure that Tiburon becomes a welcoming and supportive place for all its residents. Moreover, being part of this task force allows me to collaborate with like-minded individuals, learn from diverse viewpoints, and work towards a common goal of building a more inclusive community. I am excited about the potential impact we can make together and am committed to dedicating my time and efforts to this important cause. Firstly, my extensive community involvement has provided me with a deep understanding of the issues facing diverse populations within Tiburon. Through my work with local organizations and advocacy groups, I have gained firsthand knowledge of the challenges and opportunities related to diversity and inclusion in our community. Additionally, my cross-cultural competence stems from both personal experiences and professional endeavors. Having lived and worked in diverse environments, I have developed a keen sensitivity to different cultures, perspectives, and lived experiences. This enables me to approach DEI initiatives with a nuanced and inclusive mindset. Lastly, my commitment to continuous learning ensures that I stay informed about the latest research, best practices, and trends in diversity, equity, and inclusion. I actively seek out opportunities for professional development and stay connected with networks of experts and practitioners in the field. I am confident that my combination of community involvement, cross-cultural competence, communication and leadership skills, and commitment to continuous learning make me well-suited to contribute effectively to the Tiburon Diversity, Equity, and Inclusion Task Force. I am eager to leverage my experiences and expertise to help create a more inclusive and equitable community for all residents. HAWI AWASH EDUCATION Maastricht University Study Abroad Minderbroedersberg 4-6, 6211 LK Course: Design of Man Maastricht, Netherlands December 2015-July 2016 Dominican University of California Bachelor's degree: Interdisciplinary Studies 50 Acacia Avenue Focus: Biology, Humanities, & Public Health San Rafael, CA 94901 August 2013-May 2017 WORK EXPERIENCE YEMA – Co-Founder June 2017-Present § Co-founded a vibrant Ethiopian/Kenyan lifestyle brand with a mission to empower communities through fashion and education. § Developed and executed business strategies. § Manage operations, and fostered community partnerships. § Spearheaded initiatives promoting cultural awareness and social impact. § Established and ran a YEMA store in Tiburon, California in 2020 and another one in New York City - in SOHO in 2021. § Led operations, management, and network relations. Tiburon Peninsula Chamber of Commerce – Board Member November 2020 - Present § Actively contributed as a board member § Support local business growth and community development. § Collaborated on organizing successful community events. § Promoting economic development. Destination Tiburon – Board Member March 20221 - Present § Actively contributed as a board member § to support local business growth and community development. § Collaborated on organizing successful community events and promoting economic development. Skills • Entrepreneurship & Start-up Management: Co-Founded and managed YEMA, an Ethiopian/Kenyan lifestyle brand focused on community empowerment through fashion and education. • Strategic Planning & Execution: Developed and executed Collaborated on various projects, events, and initiatives, demonstrating strategic planning abilities. • Partnership Development: Contributed actively as a board member at the Tiburon Peninsula Chamber of Commerce, fostering partnerships for local business growth and community development. • Marketing & Branding: Played a key role in creating and promoting the YEMA brand, combining fashion and education to empower communities. • Community Engagement & Impact: Engaged in diverse cultural and community-oriented activities, fostering connections, and driving positive change. • Operations Management: Managed and prepared public relations information at YEMA. Contributed to retail expansion efforts, demonstrating operational competency. VOLUNTEER EXPERIENCE The Hawi and Yema Foundation- President March 2021 – Present § Founded and actively contributed to an NGO dedicated to empowerment through fashion, education, and social impact. § Spearheaded initiatives leveraging fashion as a means of self-expression and empowerment. § Facilitated collaborations with local schools, communities, and non-profit organizations to provide educational opportunities and support underprivileged students. § Directed efforts channeling 20% of proceeds to support orphaned children in Ethiopia and the Kibera slums in Kenya.Expanded the foundation's reach with stores in California and New York, aiming to combine high- quality fashion with a meaningful global mission. § Engaged in various activities aimed at redefining fashion, fostering change, and empowering individuals and communities for a brighter future. Current Address: Tiburon, CA 94920 EXHIBIT 8 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 Ă 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: Sharmeen Ahmed 04/05/24 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. Sharmeen Ahmed I aspire to join the Tiburon Diversity Inclusion Task Force (DITF) driven by a profound belief in its mission to foster an inclusive community that serves as a beacon for others nationwide. My connection to the Bay Area, enriched by 16 years of residency and a commitment as a homeowner in Tiburon, has deepened my appreciation for our region's pioneering spirit in progressive reform. Yet, I am acutely aware of our history's complexities, where strides towards inclusivity have often been shadowed by exclusionary practices, from the era of Ishi to the Chinese Exclusion Act. This duality of progress and exclusion mirrors the challenges facing diversity and inclusion efforts today. My background—spanning personal experiences, professional endeavors, and academic achievements—equips me uniquely to contribute to the DITF’s objectives. I bring a nuanced understanding of diversity and inclusion, shaped by historical insights and forward-looking perspectives. I am eager to leverage this knowledge in advising on policing, community engagement, and staffing policies, ensuring that Tiburon leads with empathy, equity, and excellence. My vision is to bridge divides, celebrate diversity, and forge a community where every voice is valued and every individual can thrive. With a professional foundation as the managing editor of the Annual Survey of International and Comparative Law and a fellow at the Sompong Suchartikul Center, my expertise in international law, accountability, and ethical standards aligns closely with the DITF's mission. My work, including extensive research on NGO ethics, complements my corporate governance role, enhancing transparency and ethical practices at AKHAN Semiconductor. My volunteer endeavors, from medical clinics in Bangladesh to legal aid for immigrants in the Bay Area, have deepened my comprehension of income inequality, cultural biases, and systemic racism. These experiences have equipped me with invaluable insights into the practical challenges and solutions in fostering an inclusive community. Personal experiences have further enriched my perspective. As someone of South Asian, Asian, and Middle Eastern heritage, raised in predominantly Caucasian areas, I possess a nuanced understanding of navigating and bridging diverse cultures. My involvement in organizing large-scale interfaith and multicultural events underscores my commitment to community engagement and inclusivity. 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 Tiburon Town Council May 1, 2024 AI-1: Appointments to Boards & Commissions Late Mail From:Noah Griffin To:Lea Dilena Subject:Appointment to the Diversity Inclusion Task Force Date:Monday, April 29, 2024 12:29:26 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Fredericks, Vice-Mayor Thier, Councilmembers Nikfar, Ryan, and Welner: I see that on Wednesday, May 1, 2024, the Town Council will be making an appointment to the Diversity Inclusion Task Force. I recommend that the Town Council appoint Hawi Awash. Hawi has been an active and thoughtful member of our community, a board member at the Tiburon Chamber of Commerce and Destination Tiburon, and a committed advocate for diversity, equity, and inclusion. Hawi wants to serve on the Task Force by working with members to advocate for positive change, address systemic barriers, and ensure that Tiburon becomes a welcoming and supportive place for all its residents. I know Haw personally and know she would be a valuable member of the Task Force. Thank you so much, Noah Griffin -- Noah Griffin The Cole Porter Society Opera Plaza 601 Van Ness Ave. Ste. E428 San Francisco, CA 94102 415-888-8975 (p) 415-756-3933 (c) www.thecoleportersociety.org noah@thecoleportersociety.org. PUBLIC REVIEW COPY DO NOT REMOVE From:Colin Crawford To:Lea Dilena Cc:Alice Fredericks USA.net; Isaac Nikfar; Jack Ryan; Jon Welner; Holli Thier; Colin C Crawford; Del Mar Association Subject:Endorsement for Sharmeen Ahmed Date:Wednesday, May 1, 2024 4:46:30 PM Importance:High You don't often get email from colin_crawford@icloud.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. Colin CrawfordDel Mar Neighborhood Board 137 Geldert DrTiburon, CA 94920 Dear Mayor Alice Fredericks, Vice-Mayor Thier, and Council members Nikfar, Ryan, and Welner, I am writing to you today, both personally and as a member of the Del Mar Neighborhood Board, to express my strong support for Sharmeen Ahmed's candidacy for the Diversity Inclusion Task Force. This endorsement comes in response to recent recommendations, notably the support previous council member Noah Griffin has extended towards another candidate, Hawi Awash. While acknowledging the potential contributions of all candidates, I firmly believe that Sharmeen's extensive qualifications and demonstrated commitment to diversity and inclusion make her the superior and most suitable candidate for this position. Sharmeen Ahmed has consistently demonstrated a profound understanding of the complex issues surrounding diversity and inclusion, underpinned by her formidable background in international law, ethics, and community service. Her extensive residency in the Bay Area for over 16 years, combined with her professional expertise, uniquely equips her to address the nuanced challenges facing our community. Her proactive engagement in community outreach and her professional endeavors at AKHAN Semiconductor, where she leads initiatives in corporate governance and ethical practices, highlight her ability to implement policies that reflect our community's values of equity and inclusivity. Sharmeen's vision includes leveraging her extensive knowledge to bridge cultural divides and enhance community engagement, ensuring Tiburon leads in progressive reform. The position on the Diversity Inclusion Task Force demands not only a firm grasp of policy and community issues but also a proven record of actionable outcomes. Sharmeen has demonstrated through her volunteer work—from medical clinics in Bangladesh to legal aid for immigrants in the Bay Area—that she understands the practical aspects of creating an inclusive environment. In contrast to the other candidates, I find Sharmeen's broader and more detailed engagement with diversity issues, along with her pragmatic approach to solutions, positions her as the ideal candidate for the task force. She offers a vision and capability critical for the role and will serve to propel Tiburon forward as a model of inclusivity and understanding. I respectfully urge you to consider these points carefully as you make your decision. Sharmeen Ahmed represents the best of what Tiburon can be—a community where diversity is not just acknowledged but actively embraced and promoted. Thank you for considering my perspective. Sincerely, Colin CrawfordDel Mar Neighborhood Board Member